Text of CO HB 1039 (2024)

Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0228.01 Chelsea Princell x4335 HOUSE BILL 24-1039 House Committees Senate Committees Education A BILL FOR AN ACT CONCERNING NON-LEGAL NAME CHANGES FOR STUDENTS IN SCHOOLS. 101 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.) Colorado Youth Advisory Council Review Committee. Section 1 of the bill: ! Requires public schools and institute charter schools (school) to use a student's preferred name, if a preferred name is requested by the student; and ! Deems a school's refusal to use a student's preferred name a form of discrimination. Section 2 of the bill: HOUSE SPONSORSHIP Vigil, SENATE SPONSORSHIP Winter F. and Marchman, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. ! Creates the non-legal name changes in schools task force (task force) in the department of education (department) consisting of 9 members appointed by the department to examine existing school policies and provide recommendations to schools on how to best implement student non-legal name change policies; ! Requires the department to appoint members to the task force by June 30, 2024; ! Requires the task force to submit a report to the department detailing the recommended policy guidelines by January 1, 2025; ! Requires the department to publish the report on its website and submit the report to the superintendent of each school district and chief administrator of each institute charter school by February 1, 2025; ! Requires a school to implement the task force's policy recommendations by July 1, 2025; and ! Repeals the task force, effective July 1, 2026. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, add article 39 to title 2 22 as follows: 3 ARTICLE 39 4 Use of a Preferred Name for a Student 5 22-39-101. Use of a preferred name for a student - definition. 6 (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE 7 REQUIRES, "PREFERRED NAME" MEANS ANY NAME THAT A STUDENT 8 REQUESTS TO BE KNOWN AS THAT IS DIFFERENT FROM THE STUDENT'S 9 LEGAL NAME. 10 (2) A PUBLIC SCHOOL OR INSTITUTE CHARTER SCHOOL SHALL 11 ADDRESS A STUDENT BY THE STUDENT'S PREFERRED NAME AND USE THE 12 STUDENT'S PREFERRED NAME IN SCHOOL; DURING EXTRACURRICULAR 13 ACTIVITIES; AND ON ROSTERS, ATTENDANCE LISTS, YEARBOOKS, STUDENT 14 IDENTIFICATION CARDS, AND ANY OTHER UNOFFICIAL SCHOOL RECORDING 15 HB24-1039 -2- REQUESTED BY THE STUDENT WITHOUT REQUIRING THE STUDENT TO 1 OBTAIN A COURT-ORDERED NAME OR GENDER CHANGE OR TO CHANGE THE 2 STUDENT'S OFFICIAL RECORDS. A SCHOOL'S REFUSAL TO RESPECT A 3 STUDENT'S REQUEST TO USE A PREFERRED NAME IS DISCRIMINATORY. 4 SUCH A REFUSAL INCLUDES THE REFUSAL TO USE A STUDENT'S PREFERRED 5 NAME IN SCHOOL; DURING EXTRACURRICULAR ACTIVITIES; AND ON 6 ROSTERS, ATTENDANCE LISTS, YEARBOOKS, STUDENT IDENTIFICATION 7 CARDS, AND ANY OTHER UNOFFICIAL SCHOOL RECORDING THE STUDENT 8 REQUESTS A PREFERRED NAME TO BE USED FOR WITHOUT REQUIRING THE 9 STUDENT TO OBTAIN A COURT-ORDERED NAME OR GENDER CHANGE OR TO 10 CHANGE THE STUDENT'S OFFICIAL RECORDS. 11 SECTION 2. In Colorado Revised Statutes, add article 108 to 12 title 22 as follows: 13 ARTICLE 108 14 Non-legal Name Changes in Schools Task Force 15 22-108-101. Non-legal name changes in schools task force - 16 created - appointments - report - definitions - repeal. (1) AS USED IN 17 THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: 18 (a) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION 19 CREATED AND EXISTING PURSUANT TO SECTION 24-1-115. 20 (b) "RURAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT IN 21 COLORADO THAT THE DEPARTMENT DETERMINES IS RURAL BASED ON THE 22 GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE 23 SCHOOL DISTRICT FROM THE NEAREST LARGE, URBANIZED AREA. 24 (c) "TASK FORCE" MEANS THE NON-LEGAL NAME CHANGES IN 25 SCHOOLS TASK FORCE CREATED IN SUBSECTION (2) OF THIS SECTION. 26 (2) THE NON-LEGAL NAME CHANGES IN SCHOOLS TASK FORCE IS 27 HB24-1039 -3- CREATED IN THE DEPARTMENT TO EXAMINE EXISTING SCHOOL POLICIES 1 REGARDING STUDENT NON-LEGAL NAME CHANGES AND PROVIDE POLICY 2 IMPLEMENTATION RECOMMENDATIONS FOR SCHOOL DISTRICTS AND 3 INSTITUTE CHARTER SCHOOLS TO IMPLEMENT STUDENT NON-LEGAL NAME 4 CHANGE POLICIES. 5 (3) THE TASK FORCE CONSISTS OF THE FOLLOWING: 6 (a) TWO MEMBERS WHO ARE SUPERINTENDENTS. AT A MINIMUM, 7 ONE SUPERINTENDENT MUST BE FROM A RURAL SCHOOL DISTRICT. 8 (b) TWO MEMBERS WHO ARE CHIEF ADMINISTRATORS OF AN 9 INSTITUTE CHARTER SCHOOL. AT A MINIMUM, ONE CHIEF ADMINISTRATOR 10 MUST BE FROM AN INSTITUTE CHARTER SCHOOL LOCATED IN A RURAL 11 AREA. 12 (c) ONE MEMBER WHO IS A REPRESENTATIVE OF THE DEPARTMENT; 13 (d) TWO MEMBERS WHO ARE SCHOOL COUNSELORS. AT A 14 MINIMUM, ONE SCHOOL COUNSELOR MUST BE FROM A RURAL SCHOOL 15 DISTRICT. 16 (e) ONE MEMBER WHO IS A PRIMARY SCHOOL TEACHER; AND 17 (f) ONE MEMBER WHO IS A SECONDARY SCHOOL TEACHER. 18 (4) NO LATER THAN JUNE 30, 2024, THE DEPARTMENT SHALL MAKE 19 ALL APPOINTMENTS TO THE TASK FORCE AND SCHEDULE THE FIRST 20 MEETING FOR THE TASK FORCE. THE TASK FORCE SHALL APPOINT A CHAIR 21 OF THE TASK FORCE AT ITS FIRST MEETING. 22 (5) THE MEMBERS OF THE TASK FORCE SERVE WITHOUT 23 COMPENSATION BUT MAY BE REIMBURSED FOR ANY REASONABLE 24 EXPENSES THEY INCUR IN THE PERFORMANCE OF THEIR DUTIES PURSUANT 25 TO THIS SECTION. 26 (6) THE TASK FORCE SHALL MEET AT THE CALL OF THE CHAIR AT 27 HB24-1039 -4- LEAST THREE TIMES FROM JULY 2024 THROUGH DECEMBER 2024. 1 (7) THE TASK FORCE SHALL, AT A MINIMUM, ANALYZE AND 2 DETERMINE THE FOLLOWING: 3 (a) GUIDELINES FOR COMMUNICATION PLANS FOR A STUDENT WHO 4 DOES NOT GO BY THE STUDENT'S PREFERRED NAME IN THE STUDENT'S 5 HOME; 6 (b) PROCEDURES RELATED TO PARENTAL NOTIFICATION; 7 (c) A PROCESS FOR UPDATING UNOFFICIAL SCHOOL RECORDS WITH 8 A STUDENT'S PREFERRED NAME; AND 9 (d) ANY OTHER TOPIC THAT THE TASK FORCE BELIEVES IS 10 NECESSARY TO ADEQUATELY PROVIDE GUIDANCE AND RECOMMENDATIONS 11 TO SCHOOL DISTRICTS AND INSTITUTE CHARTER SCHOOLS IN 12 IMPLEMENTING NON-LEGAL NAME CHANGE POLICIES. 13 (8) ON OR BEFORE JANUARY 1, 2025, THE TASK FORCE SHALL 14 SUBMIT A REPORT TO THE DEPARTMENT THAT DETAILS THE RECOMMENDED 15 GUIDELINES PURSUANT TO SUBSECTION (2) OF THIS SECTION. 16 (9) ON OR BEFORE FEBRUARY 1, 2025, THE DEPARTMENT SHALL 17 PUBLISH THE REPORT RECEIVED PURSUANT TO SUBSECTION (8) OF THIS 18 SECTION ON ITS WEBSITE AND SUBMIT THE REPORT TO THE 19 SUPERINTENDENT OF EACH SCHOOL DISTRICT AND THE CHIEF 20 ADMINISTRATOR OF EACH INSTITUTE CHARTER SCHOOL. 21 (10) NO LATER THAN JULY 1, 2025, A PUBLIC SCHOOL OR 22 INSTITUTE CHARTER SCHOOL SHALL IMPLEMENT THE POLICY 23 RECOMMENDATIONS RECEIVED PURSUANT TO SUBSECTION (9) OF THIS 24 SECTION. 25 (11) THIS ARTICLE 108 IS REPEALED, EFFECTIVE JULY 1, 2026. 26 SECTION 3. Safety clause. The general assembly finds, 27 HB24-1039 -5- determines, and declares that this act is necessary for the immediate 1 preservation of the public peace, health, or safety or for appropriations for 2 the support and maintenance of the departments of the state and state 3 institutions. 4 HB24-1039 -6-

HOUSE BILL 24-1039 BY REPRESENTATIVE(S) Vigil and Titone, Amabile, Bacon, Boesenecker, Brown, Clifford, deGruy Kennedy, Froelich, Garcia, Hernandez, Herod, Joseph, Kipp, Lindsay, Lindstedt, Mabrey, Marshall, Martinez, Marvin, Mauro, McCormick, McLachlan, Ortiz, Parenti, Rutinel, Sirota, Story, Velasco, Weissman, Willford, Woodrow, Valdez, McCluskie; also SENATOR(S) Winter F. and Marchman, Bridges, Buckner, Cutter, Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Michaelson Jenet, Zenzinger. CONCERNING NON-LEGAL NAME CHANGES FOR STUDENTS IN SCHOOLS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 22-1-145 as follows: 22-1-145. Use of a student's chosen name - definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "CHOSEN NAME" MEANS ANY NAME THAT A STUDENT REQUESTS TO BE KNOWN AS THAT DIFFERS FROM THE STUDENT'S LEGAL NAME, TO REFLECT THE STUDENT'S GENDER IDENTITY. NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. (b) "GENDER IDENTITY" MEANS AN INDIVIDUAL'S INNATE SENSE OF THE INDIVIDUAL'S OWN GENDER, WHICH MAY OR MAY NOT CORRESPOND WITH THE INDIVIDUAL'S SEX ASSIGNED AT BIRTH. (c) "LOCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC SCHOOLS. (d) "PUBLIC SCHOOL" MEANS AN ELEMENTARY SCHOOL, MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, HIGH SCHOOL, OR DISTRICT CHARTER SCHOOL OF A SCHOOL DISTRICT THAT ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN THROUGH TWELVE OR AN INSTITUTE CHARTER SCHOOL THAT ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN THROUGH TWELVE. (2) A PUBLIC SCHOOL EMPLOYEE, EDUCATOR, AND CONTRACTOR AS DEFINED IN SECTION 22-1-143 SHALL ADDRESS A STUDENT BY THE STUDENT'S CHOSEN NAME AND USE THE STUDENT'S CHOSEN NAME IN SCHOOL AND DURING EXTRACURRICULAR ACTIVITIES. (3) UNLESS DONE AT A STUDENT'S REQUEST, KNOWINGLY OR INTENTIONALLY USING A NAME OTHER THAN THE STUDENT'S CHOSEN NAME OR THE KNOWING OR INTENTIONAL AVOIDANCE OR REFUSAL TO USE A STUDENT'S CHOSEN NAME IS DISCRIMINATORY. (4) A STUDENT WHO IS SUBJECT TO DISCRIMINATION PURSUANT TO SUBSECTION (3) OF THIS SECTION MAY FILE A REPORT WITH THE PUBLIC SCHOOL IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 22-1-143 (2) OR FILE A COMPLAINT UNDER THE PUBLIC SCHOOL'S OR LOCAL EDUCATION PROVIDER'S POLICY ADOPTED PURSUANT TO TITLE IX OF THE FEDERAL "EDUCATION AMENDMENTS OF 1972", 20 U.S.C. SECS. 1681 ET SEQ., AS AMENDED. (5) A LOCAL EDUCATION PROVIDER SHALL IMPLEMENT A WRITTEN POLICY OUTLINING HOW THE LOCAL EDUCATION PROVIDER WILL HONOR A STUDENT'S REQUEST TO USE A CHOSEN NAME AND MAY INCLUDE A PROCESS PAGE 2-HOUSE BILL 24-1039 FOR INCLUDING A STUDENT'S CHOSEN NAME ON SCHOOL RECORDS. A WRITTEN POLICY ADOPTED PURSUANT TO THIS SUBSECTION (5) MUST COMPLY WITH THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED, AND SECTION 22-1-123. SECTION 2. In Colorado Revised Statutes, 22-1-143, add (1)(d)(IV) as follows: 22-1-143. Harassment or discrimination - policy required - training and notification - definitions. (1) As used in this section, unless the context otherwise requires: (d) (IV) HARASSMENT OR DISCRIMINATION INCLUDES THE KNOWING OR INTENTIONAL USE OF A NAME OTHER THAN A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1). SECTION 3. In Colorado Revised Statutes, 22-2-117, amend (1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows: 22-2-117. Additional power - state board - waiver of requirements - rules. (1) (b) The state board shall not waive any of the requirements specified in any of the following statutory provisions: (IX) Any provisions of section 22-1-128 relating to comprehensive human sexuality education content requirements; or (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3), 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1) relating to discrimination based on hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race; OR (XI) ANY PROVISION OF SECTION 22-1-145 RELATING TO THE USE OF A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1), IN A PUBLIC SCHOOL. SECTION 4. In Colorado Revised Statutes, 22-30.5-104, amend (6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows: 22-30.5-104. Charter school - requirements - authority - rules - definitions. (6) (c) A school district, on behalf of a charter school, may PAGE 3-HOUSE BILL 24-1039 apply to the state board for a waiver of a state statute or state rule that is not an automatic waiver. Notwithstanding any provision of this subsection (6) to the contrary, the state board may not waive any statute or rule relating to: (VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade; or (IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and 22-63-206 (1) relating to discrimination based on hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race; OR (X) ANY PROVISION OF SECTION 22-1-145 RELATING TO THE USE OF A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1), IN A PUBLIC SCHOOL. SECTION 5. In Colorado Revised Statutes, 22-30.5-507, amend (7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows: 22-30.5-507. Institute charter school - requirements - authority - rules - definitions. (7) (b) An institute charter school may apply to the state board, through the institute, for a waiver of state statutes and state rules that are not automatic waivers. The state board may waive state statutory requirements or rules promulgated by the state board; except that the state board may not waive any statute or rule relating to: (VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade; or (IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and 22-63-206 (1) relating to discrimination based on hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race; OR (X) ANY PROVISION OF SECTION 22-1-145 RELATING TO THE USE OF A STUDENT'S CHOSEN NAME, AS DEFINED IN SECTION 22-1-145 (1), IN A PUBLIC SCHOOL. SECTION 6. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate PAGE 4-HOUSE BILL 24-1039 preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions. ____________________________ ____________________________ Julie McCluskie Steve Fenberg SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Robin Jones Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 5-HOUSE BILL 24-1039