For educator preparation stipend programs, current law defines "eligible student" to mean a student who is eligible for financial assistance because the student's expected family contribution does not exceed 200% of the maximum federal Pell-eligible expected family contribution. The bill amends the definition of "eligible student" to mean a student who is eligible for financial assistance because the student's expected family contribution does not exceed 250% of the maximum federal Pell-eligible expected family contribution.

Current law requires that a student eligible for the student educator stipend program must be placed as a student educator in a school- or community-based setting in Colorado. The bill allows a student to be placed as a student educator in a school- or community-based setting in Colorado or within 100 miles of the Colorado state border.

The bill creates an exception to the student educator stipend program and the educator test stipend program for funds appropriated to the department of higher education from the economic recovery and relief cash fund. The Colorado commission on higher education (commission) is authorized to approve criteria for students who qualify for the student educator stipend program and the educator test stipend program. For the student educator stipend program, the commission is required, first, to consider students with an expected family contribution that does not exceed 300% of the maximum federal Pell-eligible expected family contribution. For the educator test stipend program, the commission is required, first, to consider students with an expected family contribution that does not exceed 300% of the maximum federal Pell-eligible expected family contribution and, second, to consider graduates of an approved program of preparation who were placed as student educators before passing the assessment of professional competencies in state fiscal years 2019-20, 2020-21, and 2021-22.

Current law requires eligible applicants for the temporary educator loan forgiveness program (forgiveness program) to be educators licensed as teachers or school counselors. The bill broadens the program requirements to allow eligible applicants to be educators licensed as principals or special service providers.

The bill broadens the requirements of the forgiveness program. The commission is required, first, to consider applicants who hold educator licenses and prioritize the approval of those applications based on the length of time each applicant has been employed under the license, beginning with those who have been employed the shortest length of time. The bill removes the forgiveness program requirement that the commission approves applicants who have contracted for a qualified position in a rural school or a rural school district or in a content shortage area whose percentage of at-risk pupils exceeded 60% in the 2021-22 budget year.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates the sixth through twelfth grade mental health assessment screening program (program) administered by the department of public health and environment (department).

The bill allows any public school that serves any of grades 6 through 12 and meets certain requirements to participate in the program and requires a public school that wants to participate in the program to notify the department.

The bill requires participating schools to provide written notice to the parents of students within the first 2 weeks of the start of the school year in order to allow parents to opt their child out of participating in the mental health assessment screening.

The bill specifies that a student 12 years of age or older may consent to participate in the mental health assessment screening even if the student's parent opts out.

Mental health assessments screenings must be conducted in participating schools by a qualified provider screener. The bill requires the department to select a qualified provider screener to administer the mental health assessment screening and establishes requirements that the qualified provider screener must meet.

The bill requires a qualified provider screener to notify the student's parent under certain circumstances if the qualified provider screener finds that additional treatment is needed after reviewing the student's mental health assessment screening results.

The bill authorizes the department to promulgate rules as necessary to implement and administer the program.

A student who is home-schooled but who participates in extracurricular activities or athletic programs at a participating school is exempt from the mental health screening.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law requires an employer to provide its employees with an annual statement showing the total compensation paid and the income tax withheld for the preceding calendar year. The bill requires an employer to also provide within a week before or after providing the statement and in the same manner as the statement is provided, written notice of the availability of the federal and state earned income tax credits and the federal and state child tax credits at least once annually. An employer may send the written notice to employees electronically, including via email or text message. The written notice must be in English and any other language the employer uses to communicate with employees and must include any additional content that the department of revenue prescribes.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Colorado Youth Advisory Council Committee. The bill creates the secondary school student substance use committee (committee) in the department of education (department) to develop a practice, or identify or modify an existing practice, for secondary schools to implement that identifies students who need substance use treatment, offers a brief intervention, and refers the student to substance use treatment resources.

The department is required to publicly publish a report of the committee's findings and submit the report to the superintendent of every school district and chief administrator of every institute charter school that is a secondary school.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Pension Review Commission. The bill creates an income tax credit that is available for income tax years commencing on or after January 1, 2023, but prior to January 1, 2025, for a qualifying public service retiree, which means a full-time Colorado resident individual who is:

• 55 years of age or older at the end of the 2023 or 2024 income tax year; and
• A retiree of a Colorado public pension plan administered pursuant to the Colorado Revised Statutes or a retiree of a public pension plan administered by a local government of the state of Colorado.
  (Note: This summary applies to this bill as introduced.)

The bill creates an accelerator hospitality business license, accelerator transporter license, and accelerator retail deliverer permittee for social equity licensees qualified to participate in the accelerator program.

The bill requires the department of revenue to provide an annual report to the finance committees of the house of representatives and the senate concerning active social equity licenses, any recommendations for new social equity licenses and permits, and any recommendations for new or innovating funding sources for the social equity licensees or permittees.

Effective January 2, 2024, the bill amends the eligibility requirements for a person to qualify as a social equity licensee. The bill clarifies that the new eligibility requirements only apply to social equity licensee applications received on or after January 2, 2024, or to the reinstatement or reactivation of social equity licenses originally issued before January 2, 2024. The new eligibility requirements do not apply to the renewal of social equity licenses applied for or issued before January 2, 2024.

The bill authorizes a social equity licensee who satisfies the eligibility requirements effective January 2, 2024, with a retail marijuana transporter licensee and a retail marijuana delivery permit or an accelerator retail deliverer permit, to exercise the privileges of a retail marijuana store license without needing to obtain a retail marijuana store license or accelerator store license.

The bill requires the department of revenue to create incentives for social equity licensees and accelerator-endorsed licensees, including reducing or waiving fees.

The bill creates, in the office of economic development, a grant committee that is responsible for reviewing grant applications, selecting grant recipients, and determining grant awards that are issued pursuant to an existing grant program for supporting entrepreneurs in the marijuana industry.

(Note: This summary applies to this bill as introduced.)

Public notice for bids on special district construction contracts is currently required when the contract cost is $60,000 or more. The bill increases the notice threshold to $120,000 or more, and requires the amount to be adjusted for inflation every 5 years.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill extends the timeline from 12 months to 18 months for prospective charter schools to submit applications to become charter schools to the local board of education. It also permits local school boards to issue requests for proposals for prospective charter schools. The bill allows local boards of education to apply to the state board of education for modifications to the timelines set forth in the bill. The bill creates an optional charter school application timeline for rural school districts that allows charter school applications outside of the 18-month timeline upon notice to the department of education and public notice on the school district's website.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill prohibits:

• Requiring a COVID-19 vaccine for a minor in Colorado;
• Administering a COVID-19 vaccine to a child without the informed consent of the child's parent or legal guardian;
• Administering a COVID-19 vaccine to an emancipated minor without the informed consent of the emancipated minor;
• A school from dismissing, suspending, refusing admission, or refusing to permit participation in an extracurricular activity to a student who has claimed a COVID-19 immunization exemption;
• A public or private entity from discriminating against a minor participating in a nonpublic home-based educational program based on whether the minor received the COVID-19 vaccine;
• A public entity from levying a fee, fine, or tax, or a private entity from levying a fine or fee, on a minor or their parent or legal guardian based on whether the minor received the COVID-19 vaccine; or
• A public or private entity from discriminating against a minor based on whether the minor received a COVID-19 vaccine.

The bill allows an aggrieved person to file a civil action and waives sovereign immunity if the violator is a public entity.

(Note: This summary applies to this bill as introduced.)

The bill makes 3 primary clarifications about the remedies a person with a disability is entitled to under current Colorado law related to protections against discrimination on the basis of disability for persons with disabilities:

• That a person with a disability is prohibited from being subject to discrimination by, excluded from participating in, or denied the benefits of services, programs, or activities of a place of public accommodation;
• That the types of monetary damages to which a person with a disability is entitled include damages for emotional distress; and
• That a person with a disability is entitled to both a court order requiring compliance and either monetary damages or a statutory penalty.

The bill also allows a court to award reasonable attorney fees and costs to a prevailing plaintiff for any action commenced pursuant to certain Colorado law related to protections against discrimination on the basis of disability for persons with disabilities.

Lastly, the bill specifies that certain types of relief do not require exhaustion of potential administrative remedies.

(Note: This summary applies to this bill as introduced.)

Effective January 1, 2024, the bill requires each newly constructed public building and each public building in which restroom renovations are estimated to cost $10,000 or more that is wholly or partly owned by the state, a county, or a local municipality to:

• Provide a non-gendered restroom facility or a multi-stall non-gendered facility on each floor where restrooms are available;
• Ensure that all single-stall restrooms are not designated for exclusive use by any specific gender;
• Allow for the use of multi-stall restrooms by any gender if certain facility features are met under the 2021 International Plumbing Code; and
• Provide at least one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor where there is a public restroom in each gender-specific restroom, non-gendered multi-stall restroom, and non-gendered single-stall restroom.

The bill also requires each newly constructed public building and each public building in which restroom renovations are estimated to cost $10,000 or more that is wholly or partly owned by the state, a county, or a local municipality to include signage indicating the presence of a baby diaper changing station with a pictogram that is void of gender in all restrooms with baby diaper changing stations, in all non-gendered restrooms, and in all single-stalled restrooms.

The bill also requires each newly constructed public building and each public building in which restroom renovations are estimated to cost $10,000 or more that is wholly or partly owned by the state, a county, or a local municipalitiy to indicate in the central building directory, if such a directory exists, the location of any baby diaper changing station and of any non-gendered restroom.

The bill exempts the requirements of including a baby diaper changing station in any restroom and any construction necessary to comply with providing an accessible non-gendered restroom if the requirement would result in failure to comply with applicable building standards governing the right of access for individuals with disabilities.

The bill clarifies that an employee with a designated workplace in a public building may undertake the complaint process for alleged discriminatory or unfair practices including the failure to comply with providing the required amenities to all genders, as required, with the Colorado civil rights division charged with the enforcement of the Colorado anti-discrimination act.

(Note: This summary applies to this bill as introduced.)

Current law defines "child-occupied facility" for the purposes of lead-based paint abatement as a building or portion of a building that is visited by a child on 2 or more days within any week, with each visit totaling 6 or more hours. The bill reduces the total daily visit time to 3 or more hours.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

For income tax years commencing on and after January 1, 2024, the bill reduces both the individual and the corporate state income tax rates from 4.40% to 3.5%. The bill also exempts the rate reductions from the existing statutory requirements that tax expenditure legislation include a tax preference performance statement in a statutory legislative declaration and a repeal after a specified period of tax years.

(Note: This summary applies to this bill as introduced.)

The bill enacts the "Interstate Teacher Mobility Compact" (compact). The compact is designed to make it easier for teachers, especially active military members and eligible military spouses, from one member state to receive a teacher's license from another member state.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, the independent ethics commission created in article XXIX of the state constitution does not have jurisdiction over officials or employees of special districts or school districts. The bill gives the independent ethics commission jurisdiction to hear complaints, issue findings, assess penalties, and issue advisory opinions on ethics issues concerning a local government official or local government employee. "Local government" is defined to include a county, municipality, special district, or school district. Existing ethical standards apply to a local government official and a local government employee. The bill applies those standards to a local government official or local government employee through the independent ethics commission.
(Note: This summary applies to this bill as introduced.)

The bill establishes a private school tuition income tax credit for income tax years commencing on or after January 1, 2024, that allows any taxpayer to claim a credit when the taxpayer enrolls a qualified child in a private school or the taxpayer provides a scholarship to a qualified child for enrollment in a private school. The private school issues the taxpayer a credit certificate and the amount of the credit is:

• For full-time attendance, an amount equal to either the tuition paid or the scholarship provided to a qualified child, as applicable, or 60% of the previous year's state average per pupil revenues, whichever is less; and
• For half-time attendance, an amount equal to either the tuition paid or the scholarship provided to a qualified child, as applicable, or 30% of the previous year's state average per pupil revenues, whichever is less.

The bill also establishes an income tax credit for income tax years commencing on or after January 1, 2024, that allows any taxpayer who uses home-based education for a qualified child to claim an income tax credit in an amount equal to:

• 40% of the previous year's state average per pupil revenues for a taxpayer who uses home-based education for a qualified child who was enrolled on a full-time basis in a public school in the state prior to being taught at home; and
• 20% of the previous year's state average per pupil revenues for a taxpayer who uses home-based education for a qualified child who was enrolled on a half-time basis in a public school in the state prior to being taught at home.

Both credits may be carried forward for 3 years but may not be refunded. In addition, the credits may be transferred, subject to certain limitations.

(Note: This summary applies to this bill as introduced.)

Counties and municipalities are currently required to adopt and enforce certain energy efficient building codes concurrently with the updating of their existing building codes or, before July 1, 2023 only, concurrently with either the adoption or updating of their building codes. Counties and municipalities must adopt and enforce these specified model energy codes within particular time frames. A rural county, which is defined as a county with a population of less than 30,000 people, is permitted to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training.Section 1 of the bill extends the compliance periods for adoption and enforcement of the model energy codes by a rural county as follows:

• An energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed by the energy board is not required prior to July 1, 2030, instead of being required concurrently with any county code building code update occurring on or after July 1, 2023, and before July 1, 2026;
• An energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed by the energy board is not required prior to July 1, 2032, instead of being required concurrently with any county code building code update occurring on or after July 1, 2026; and
• An energy code that achieves equivalent or better energy performance than one of the 3 most recent editions of the international energy conservation code is not required prior to July 1, 2025, instead of being required concurrently with any county code building code adoption or update occurring before July 1, 2023.

Section 2 defines a rural municipality as a municipality with a population of less than 10,000 people and extends the compliance periods for adoption and enforcement of the model energy codes in an identical manner to that outlined above for rural counties. The bill adds language allowing a rural municipality to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training.
(Note: This summary applies to this bill as introduced.)

Current law designates that a student in an out-of-home placement is a resident of the school district where the placement is located, even if that student continues to attend a school in another school district. The bill designates students in out-of-home placements as residents of the school district of their school of origin as long as the student attends the school of origin, other than an approved facility school, as defined in section 22-2-402, Colorado Revised Statutes, or a state-licensed day treatment facility.The bill requires the state department of human services (department) to organize a working group to identify and address issues related to foster youth education, transportation, and stability and requires the department to provide written recommendations to the general assembly before the 2025 regular legislative session.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill prohibits state money from being used to further certain social, political, or ideological interests beyond what controlling state and federal law require. Sections 1 to 3 of the bill apply this prohibition to the public employees' retirement association (PERA) by requiring PERA to make investments solely on financial factors and prohibiting PERA from investing in an entity with a stated purpose to further certain social, political, or ideological interests beyond what federal and state law require (nonfinancial commitment). Section 1 also:

• Requires that PERA ensure that a designated agent commits to following guidelines that match PERA's obligation to act solely on financial factors prior to PERA entrusting member funds to the designated agent;
• Requires that a designated agent ensure that a proxy advisor or other service provider has committed to following guidelines that match PERA's obligation to act solely on financial factors prior to the designated agent following a recommendation of the proxy advisor or service provider; and
• Gives the attorney general the authority to enforce these investment requirements.

Section 2 requires PERA to invest solely in the financial interest of PERA members and beneficiaries. Section 3 clarifies that the fiduciary duties of PERA's board of trustees include the obligation to act in the financial interest of PERA members and benefit recipients.Section 4 requires a government contract to include a verification that a company entering into a government contract does not, and will not during the term of the contract, engage in an economic boycott of another company to further certain social, political, or ideological interests. Section 4 prohibits a person from penalizing a financial institution for complying with the non-economic boycott verification requirement. Section 4 also gives the attorney general the authority to enforce the newly created article.Section 5 requires the state treasurer to make investments solely on financial factors, prohibits the state treasurer from investing in entities with a stated nonfinancial commitment, and gives the attorney general authority to enforce these investment requirements.Sections 6 to 10 make conforming amendments.
(Note: This summary applies to this bill as introduced.)

The bill requires any intercollegiate, interscholastic, intramural, or club athletic team, sport, or athletic event to be designated as one of the following, based on the biological sex at birth of the participating students: Male, female, or coeducational. Male and female athletes may only participate on teams designated to their respective sexes. The bill prohibits a governmental entity from investigating a complaint or taking any adverse action against a public school, school district, activities association or organization, institution of higher education, or any employee or governing board member for complying with the bill.

The bill creates a cause of action for a student, school, or institution that suffers harm as a result of noncompliance with the bill. There is also a cause of action for a student who suffers retaliation for reporting violations of the bill. The statutes of limitations for the causes of action are 2 years and a prevailing party is entitled to reasonable attorney fees. The attorney general is required to provide legal representation to a school, school district, association, or institution of higher education that is sued for complying with the bill.

(Note: This summary applies to this bill as introduced.)

The bill requires the state treasurer to transfer 60% of the severance taxes paid by an entity that are attributable to the developing, processing, or energy conversion of minerals and mineral fuels subject to taxation in a county in a given tax year to that same county. A county that receives a transfer in accordance with the bill shall use the transferred funds for building or improving roads, schools, or local infrastructure.
(Note: This summary applies to this bill as introduced.)

The bill requires a school district to implement additional procedural safeguards for an expulsion hearing (hearing). A school district is required to provide all records that the school district intends to use as supporting evidence in a hearing to the student or the student's parent, guardian, or legal custodian at least 5 business days prior to the hearing. If a school district intends to present written statements or oral testimony from witnesses during the hearing, the student and the student's parent, guardian, or legal custodian must be notified at least 5 business days prior to the hearing of the contents of the written statement or oral testimony provided to the school district. The student and the student's parent, guardian, or legal custodian have the right to cross-examine adverse witnesses who provide a written statement or oral testimony to the school district.

During the hearing, the school district has the burden of presenting clear and convincing evidence to demonstrate that the student violated state law and the school district's policy, and that excluding the student from the learning environment through expulsion or denial of admission is necessary. Following the hearing, the executive officer or designee acting as a hearing officer is required to report findings of fact, findings regarding mitigating factors, and recommendations.

Current law permits a student to be suspended, expelled, or denied admission for behavior on or off school property that is detrimental to the welfare or safety of other students or school personnel. The bill requires a school district or enrolling school district to demonstrate that a student's behavior off school grounds poses an imminent threat to other students or school personnel by establishing a direct and substantial nexus between the student's alleged conduct committed off school grounds and the risk of physical harm to other students or school personnel. Behavior that occurs off school grounds that results in delinquency or criminal charges and is unrelated to a school-sponsored event is not automatic grounds for suspension, expulsion, or denial of admission. For a hearing concerning a student whose alleged conduct occurred off school grounds, the executive officer or designee acting as a hearing officer is required to report findings of fact that establish a direct and substantial nexus between the student's behavior and the risk of physical harm to other students and school personnel.

Current law allows a school district board of education (board) to delegate its power to its executive officer or to a designee who serves as a hearing officer to expel or deny admission to a student. The bill requires the individual who serves as the board's hearing officer to agree to recusal if a conflict of interest occurs that interferes with the individual's duty to act as an impartial hearing officer. An executive officer, a designee, or any individual acting as a hearing officer is also required to participate in an annual training on state and federal school discipline laws.

(Note: This summary applies to this bill as introduced.)

The bill imposes requirements for certain types of employers with regard to:

• The determination of employee work schedules;
• Employee requests for changes to work schedules; and
• Notices and posting of employee work schedules.

In addition to pay for hours worked by the employee, the bill requires certain types of employers to pay employees:

• Predictability pay when an employer makes certain changes to an employee's work schedule;
• Rest shortfall pay when an employee is required to work hours without a minimum period of rest after a prior shift;
• Retention pay when an employer provides work hours to a new employee without first offering the work hours to existing employees; and
• Minimum weekly pay in an amount that corresponds to 15% of the average weekly hours indicated on the employee's anticipated work plan, paid at the greater of the employee's regular rate of pay or the minimum wage, regardless of whether the employee works such hours.

The bill prohibits employers from discriminating or taking any adverse action against an employee based on the hours an employee is scheduled or actually works, the expected duration of employment, or the employee's desired work schedule. The bill also prohibits retaliation against an employee for attempting to exercise any right created in the bill. Employers are required to retain records demonstrating their compliance with the requirements of the bill.

A person who is aggrieved by a violation of the requirements of the bill may file a complaint with the division of labor standards and statistics (division) in the department of labor and employment or bring a civil action in district court. The division is authorized to investigate complaints and, upon determining that a violation occurred, to impose fines, penalties, or damages and award attorney fees and costs. The division is also authorized to bring a civil action to enforce the requirements of the bill. The bill includes protections for whistleblowers and establishes penalties for violations.

The director of the division is required to promulgate rules to implement the bill.

(Note: This summary applies to this bill as introduced.)

Current law requires reports of known or suspected child abuse or neglect to include the source of the report and the name, address, and occupation of the person making the report whenever possible. The bill requires a report of this information in all circumstances.

(Note: This summary applies to this bill as introduced.)

Currently, a member of any public employee retirement association (member) and the member's ex-spouse can agree to divide the member's monthly retirement benefits under a defined benefit plan pursuant to a divorce. If the member and the ex-spouse agree to divide the monthly benefit payment between them, the ex-spouse is entitled to receive a share of the monthly benefits until the ex-spouse dies.

For a member who receives a defined benefit administered by the public employees' retirement association (PERA) on and after specified dates, the bill requires the PERA member and the ex-spouse to agree to terminate the ex-spouse's monthly PERA benefits if the ex-spouse remarries. The bill specifies certain information that must be included in the written agreement dividing the PERA member's benefits and specifies that the terminated monthly benefit will accrue to the retired PERA member.

(Note: This summary applies to this bill as introduced.)

The bill prohibits an executive rule-making agency, on or after September 1, 2023, from amending an existing rule or adopting a new rule concerning the same subject matter as the existing rule for the 3 years following the existing rule's adoption. The following rules are exempt from the 3-year prohibition period:

• Rules required by state statute, federal statute, or federal regulation;
• Rules that the rule-making agency determines are imperatively necessary for the preservation of public health, safety, or welfare and for which compliance with the 3-year prohibition would be contrary to the public interest;
• Rules adopted as temporary or emergency rules, which remain effective for 120 days or less; and
• Rules that a member of the regulated community petitions to be amended and for which the rule-making agency grants the petition.
  (Note: This summary applies to this bill as introduced.)

Current law entitles a parent, guardian, or legal custodian of, or entity with educational decision-making authority for, a student with a disability, or a student who may be eligible for special education services (parent), to file a state complaint in the event of a dispute with an administrative unit or a state-operated program (education provider). If the parent prevails in a state complaint decision, the education provider may file a due process complaint against the parent regarding the issues disputed in the state complaint. The bill requires the department of education (department) to create and maintain a list of attorneys qualified to represent a parent in a due process complaint hearing filed by an education provider concerning issues disputed in the state complaint in which the parent prevailed. The bill requires the department of education (department) to enter into a service agreement with a nonprofit organization to create and maintain a list of attorneys qualified to represent a parent in a due process complaint filed by an education provider concerning issues disputed in a state complaint in which the parent prevailed. The service agreement is for 5 years.The department shall appoint an attorney to defend a parent against due process complaints filed by an education provider. The parent may waive the appointment of the attorney. A parent may contact the nonprofit organization for an attorney appointment.

The bill requires the department to include information on attorney appointments in the procedural safeguard notice and in materials distributed to parents describing due process complaint procedures.

The bill creates a fund to pay attorneys defending parents against due process complaints filed by an education provider. requires the department to annually provide the nonprofit organization $20,000 to pay attorneys and to create, maintain, and administer the list of attorneys.The bill makes an appropriation.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law allows only specified employees to participate in the public employees' retirement association's (PERA) defined contribution plan. Employer and member contribution rates for PERA's defined contribution plan are fixed in statute and vary per division. Members of the school division or the Denver public schools (DPS) division of PERA are not able to enroll in the defined contribution plan and are enrolled in the defined benefit plan administered by PERA.

The bill requires the PERA board to establish and administer a flexible defined contribution plan and gives PERA members who are hired on or after January 1, 2024, and who are members of the school division or DPS division (eligible employees), the option to participate in the flexible defined contribution plan. If an eligible employee opts to participate in the flexible defined contribution plan, the eligible employee may determine the employee's contribution rate. Employers of eligible employees who opt into the flexible defined contribution plan are required to contribute an amount equal to 6.5% of the member's salary toward the member's account, and contribute an amount equal to 15% of the member's salary to the defined benefit plan.

(Note: This summary applies to this bill as introduced.)

The bill requires every route school bus used for the transportation of schoolchildren to have an automated vehicle identification system (system) installed on the route school bus on or before July 1, 2028, to record motor vehicles that unlawfully pass a stopped route school bus.

The bill creates the route school bus camera matching grant program (grant program). The purpose of the grant program is to provide grants to eligible applicants to install a system on every route school bus to record motor vehicles that unlawfully pass a stopped route school bus. The department of education shall administer the grant program pursuant to rules promulgated by the state board of education.
(Note: This summary applies to this bill as introduced.)

The bill authorizes a public school or a charter school that is permitted by its charter authorizer to offer an individualized learning program or become an individualized learning school.

Individualized learning includes a course of instruction or grade-level course work that is:

• Provided, in whole or in part, independently from a regular classroom setting or schedule;
• Supervised, monitored, assessed, evaluated, and documented by a teacher employed by an individualized learning school or a public school that offers an individualized learning program; and
• Documented in the student's written learning plan.

The bill requires each charter school application to identify whether the proposed charter school will offer an individualized learning program or become an individualized learning school.

The bill authorizes an existing charter school to request to amend the charter contract to allow the charter school to offer an individualized learning program or propose to become an individualized learning school either in connection with the charter-renewal process or pursuant to an agreement with the charter authorizer that the charter school will submit a written plan for becoming an individualized learning school.

The bill requires an individualized learning school to operate as part of, or within reasonable proximity to, a public school that serves students enrolled in the individualized learning program.

The bill requires an individualized learning school or an individualized learning program to be open for enrollment to any student whose residence is within reasonable distance of the school or program that will permit the student to attend the school in person on a daily basis, if needed.

The bill requires each student enrolled in an individualized learning school or individualized learning program to have a written learning plan that is designed to meet the student's individual educational needs.

The bill requires direct personal contact between a teacher and each student to take place at least once per school week.

The bill requires a teacher to evaluate the educational progress of each student enrolled in an individualized learning school or individualized learning program at least once a month during the student's enrollment. If the teacher determines the student failed to make satisfactory progress or failed to follow the student's written learning plan, the bill requires the teacher to develop an intervention plan for the student. If the student continues to make less-than-satisfactory progress after 3 consecutive months despite an intervention plan, the bill requires the teacher to develop and implement an amended written learning plan that includes a course of study designed to meet the student's needs more appropriately.

The bill requires individualized learning to be overseen by a chief academic officer who is appointed by the individualized learning school or public school that offers an individualized learning program.

For the 2023-24 and 2024-25 state fiscal years, the bill requires an individualized learning entity to receive public school funding if a student is enrolled in an individualized learning entity that was operating on or before the effective date of this act; was enrolled in a public school the preceding academic school year; was not enrolled in a private school or participating in a nonpublic home-based education program the preceding school year; or is enrolling for the first time as a kindergarten or first-grade student or has recently moved to Colorado and is enrolling for the first time as a Colorado resident in any grade level. Beginning with the 2025-26 state fiscal year, the bill requires an individualized learning school to receive public school funding in the manner and to the degree that applies to any student enrolled in a public school.

(Note: This summary applies to this bill as introduced.)

The bill prohibits a person employed by or volunteering in a public school, a state-licensed child care center, a family child care home, or a specialized group facility from imposing corporal punishment on a child. The bill defines "corporal punishment" as the willful infliction of, or willfully causing the infliction of, physical pain on a child.

(Note: This summary applies to this bill as introduced.)

The bill requires the department of labor and employment (department) to establish a teacher externship program to allow kindergarten through twelfth grade public school teachers (K-12 teachers) to participate in experiential learning opportunities with employers, outside of the school environment, to gain knowledge and expand their curriculum in the science, technology, engineering, and mathematics disciplines and other disciplines that may be of value to a particular school district.

The department is required to work with the department of education to select appropriate employers to participate in the externship program. Employers may be eligible for a tax credit for participation in the externship program. A K-12 teacher who participates in the externship program may receive compensation from the applicable school district or from the employer providing the externship and may apply for professional development credit and graduate school credits as part of the teacher license renewal requirements.

The director of the division of employment and training in the department is authorized to seek and accept gifts, grants, and donations for allocation to school districts for compensation for teachers who participate in an externship.

The bill requires the department to compile and report data on the externship program on an annual basis.

The bill creates a tax credit for employers that participate in the externship program.

(Note: This summary applies to this bill as introduced.)

Current law requires the department of education (department) to award an annual stipend of $1,600 to teachers, school counselors, principals, and school psychologists who hold national board certification and who are employed by a school district, board of cooperative services, charter school of a school district, or an institute charter school (local education provider). The bill extends the $1,600 stipend to qualified librarians and school social workers who hold national board certification and who are employed by a local education provider.

Current law allows the department to award an additional $3,200 annual stipend to teachers, principals, school counselors, and school psychologists who are employed in a low-performing, high-needs school. The bill allows the department to also extend an additional $3,200 stipend to librarians or school social workers who are employed in a low-performing, high-needs school. The additional $3,200 stipend is also extended to teachers, librarians, school counselors, school psychologists, or school social workers (national board-certified educators) who are employed in a rural school district. The bill allows the department to extend an additional $3,200 stipend to national board-certified educators who are employed as math teachers in any school.

If a national board-certified educator transfers employment from one low-performing, high-needs school or rural school district to another low-performing, high-needs school or rural school district, the educator remains eligible for the additional stipend. However, if a national board-certified educator leaves employment with a low-performing, high-needs school or rural school district, the educator is no longer eligible for the additional stipend.

If a national board-certified math teacher transfers schools as a math teacher, the educator remains eligible for the additional stipend. However, if a national board-certified educator who is a math teacher stops teaching math, the educator is no longer eligible for the additional stipend.

If there are insufficient funds, the department shall reduce the amount of each stipend by the same percentage that the deficit bears to the amount required to fully fund the total number of national board-certified educators who qualify for the stipend.

A national board-certified educator who is employed as a principal or an administrator in a school and maintains a national certification is eligible for a stipend.

(Note: This summary applies to this bill as introduced.)

For income tax years commencing on or after January 1, 2023, but before January 1, 2027, the bill allows a refundable state income tax credit, which is intended to offset the various expenses that licensed teachers often incur throughout an academic year for classroom supplies, professional development costs, supplemental educational materials, field trips, and other items that improve the quality of the educational services that they provide, to a licensed teacher who is employed as a teacher in a public school on a full-time basis for at least one-half of an academic year (eligible teacher) during the income tax year for which the credit is claimed. The amount of the credit is $1,000 for an eligible teacher who is employed for the equivalent of an entire academic year and $500 for a teacher who is employed for one-half of an academic year. Two eligible teachers who file a joint income tax return may each claim the credit.
(Note: This summary applies to this bill as introduced.)

The bill directs the office of future of work (office) in the department of labor and employment to create an apprenticeship navigator pilot program (program) with 2 full-time apprenticeship navigators, with each apprenticeship navigator assigned to a different school district selected by the office. The purpose of the program is to increase awareness of registered apprenticeship programs among graduating high school students in the selected school districts.

The bill also directs the office to promote apprenticeship programs to high school students by creating and maintaining a web-based job board of apprenticeships and incorporating apprenticeships in the state's career planning tools.

(Note: This summary applies to this bill as introduced.)

The bill requires the Colorado department of public health and environment (department) to distribute stop the bleed training materials and bleed control kits to K-12 schools that opt into receiving them. The bill also requires the department, in collaboration with the American college of surgeons' committee on trauma, to report the number of schools that opt in, the number of people who have been trained in stop the bleed procedures in schools, the total number of stop the bleed control kits sent to schools, and the total cost of the program for each school year.
(Note: This summary applies to this bill as introduced.)

The bill creates a task force (task force) to establish shared goals, objectives, and guidelines for entities to utilize in prioritizing new and existing grant money to achieve maximum impact to reduce youth violence, suicide, and delinquency risk factors. The task force shall identify target communities with the highest rates of youth violence, suicide, and delinquency risk factors. The task force shall create shared goals, objectives, and guidelines for governmental and community-based organizations to prioritize the use of new and existing grant money, as well as help community-based organizations reduce youth violence, suicide, and delinquency risk factors in the target communities by using the shared goals, objectives, and guidelines when working in intervention, prevention, and tracking statistics.

Membership in the task force is outlined.

The task force shall make a preliminary "SMART Act" report in January 2024 followed by a final report in January 2025.

(Note: This summary applies to this bill as introduced.)

The bill requires the department of education (department), by January 2024, to make available free optional trainings in evidence-based practices in mathematics, including a training specifically designed for elementary school educators and a training specifically designed for secondary school mathematics educators. Each training must include interventions to help students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners. The training is available to relevant staff of school districts, related administrative units, district charter schools, institute charter schools, boards of cooperative services, and community-based organizations.

School district boards of education and institute charter schools are strongly encouraged to adopt procedures for schools to provide support to students in pre-kindergarten through twelfth grade and students' families to improve mathematics outcomes. Procedures may include:

• Identifying students who are below grade level or struggling in mathematics based on academic assessments;
• Notifying the parents, guardians, or legal custodians if a student is below grade level or struggling in mathematics;
• Providing parents, guardians, or legal custodians with a list of interventions to assist with mathematics at home, including any state-approved curriculum options, referrals for mathematics tutoring, or other intervention opportunities, when applicable;
• Publishing mathematics curricula annually, including supplemental curricula or interventions; and
• Implementing train-the-trainer or train-the-parent framework plans to improve mathematics achievements for students.

The bill creates the Colorado academic accelerator grant program (grant program). The purpose of the grant program is to create community learning centers that:

• Provide opportunities for academic enrichment and support activities during nonschool hours, periods when school is not in session, or during extended learning hours, including tutorial services; and
• Offer families of students opportunities for engagement in students' education, including opportunities for mathematics literacy and related educational development.

Eligible entities that apply to the grant program are selected for a grant that runs for a period of 3 years. The department shall prioritize eligible entities that:

• Adopt intervention strategies;
• Use evidence-informed and evidence-based programs that build student skills in STEM and mathematics;
• Use digital math accelerator programs;
• Serve high-needs students, as determined by the department; or
• Have an established presence and relationship in the community.

The bill requires school districts, public schools, the state charter school institute, and institute charter schools that are on an improvement plan, priority improvement plan, or a turnaround plan to identify strategies to address the needs of students who are below grade level or struggling in mathematics and set or revise, as appropriate, ambitious but attainable targets that the public school shall attain in reducing the number of students who are below grade level or struggling in mathematics to increase the number of students who achieve grade-level expectations in mathematics.

The bill amends the ninth-grade success grant program and requires the department to prioritize applicants that propose programming focused on evidence-based mathematics skills and intervention strategies, including a focus on students who are below grade level or struggling in mathematics and have academic achievement levels in mathematics that are consistently ranked the lowest for public high schools in the state, as determined by the department.

The bill includes a requirement that elementary and secondary school mathematics teacher candidates of educator preparation programs be trained in evidence-based practices in mathematics, including interventions to help students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners.

The bill includes early numeracy as part of the continuing professional development requirements for teachers employed by a preschool provider. The department of early childhood shall include early numeracy as a subject matter area in the resource bank of preschool curricula for use by preschool providers.

(Note: This summary applies to this bill as introduced.)

Title 26.5 of the Colorado Revised Statutes relates primarily to early childhood programs and services. In 2022, the general assembly enacted House Bill 22-1295, which established the duties of the department of early childhood (department), relocated early childhood programs from the departments of human services and education to the department, and created the Colorado universal preschool program in the department.

The bill makes technical changes to title 26.5 and related statutes, including:

• Updates language regarding gifts, grants, and donations to achieve uniformity;
• Allows the department to enter into sole source contracts for early literacy programming and whole-child services;
• Adds the executive director of the department to the health equity commission;
• Adds the commissioner of the behavioral health administration to the Colorado child abuse prevention board;
• Clarifies reporting dates to ensure the department can complete and report data in a timely manner;
• Clarifies the department's responsibilities concerning child abuse or neglect record checks;
• Amends background and record check language to align with current federal and state practices and standards;
• Clarifies definitions;
• Updates references from "ICON" to "Colorado state courts data access system"; and
• Eliminates technical language no longer used in child care licensing.

The bill makes conforming amendments.

(Note: This summary applies to this bill as introduced.)

The bill requires the department of education (department) to cap standardized summative assessments administered to the minimum extent possible, if requested by the local education provider.

The bill requires the department to apply for a federal waiver for federal assessment requirements.

The bill requires the department to support, through various means, local education providers and schools to innovate new assessments.
(Note: This summary applies to this bill as introduced.)

The bill creates the accountability, accreditation, student performance, and resource inequity task force (task force) to study academic opportunities, inequities, promising practices in schools, and improvements to the accountability and accreditation system.

The bill requires the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the governor, and the department of education (department) to appoint members to the task force no later than July 1, 2023. The task force consists of 25 members, including members who represent statewide education organizations, the department, the state board of education (state board), school district board of education members, superintendents, principals, and teachers.

The bill requires the department to enter into a contract with a facilitator to guide the work of the task force no later than August 15, 2023. The facilitator shall draft an interim report and final report.

The task force is required to submit an interim report by March 1, 2024, and a final report by November 15, 2024, reflecting its findings and recommendations to the education committees of the house of representatives and senate, the governor, the state board, the commissioner of education, and the department.

(Note: This summary applies to this bill as introduced.)

Under current law, counties are permitted to form a local collaborative management program to provide services to youth. The bill requires every county to participate in a local collaborative management program and requires the local collaborative management program to serve children 10 to 12 years of age and to form a service and support team to create service and support plans for children 10 to 12 years of age.

The bill provides an appropriation for local collaborative management programs and requires the department of human services to provide technical assistance to the programs.

The bill changes the minimum age of a child who is subject to the juvenile court's jurisdiction. Under current law, children who are 10 years of age or older can be prosecuted in juvenile court. The bill removes children who are 10 to 12 years of age from the juvenile court's jurisdiction and increases the age for prosecution in juvenile court to 13 years of age; except in the case of a homicide, then the juvenile court's jurisdiction extends to children who are 10 to 12 years of age.

The bill clarifies that children who are 10 to12 years of age may be taken into temporary custody by law enforcement for safety.

The bill provides that when children who are 10 to 12 years of age have contact with law enforcement, law enforcement will complete a form to refer the child to the local collaborative management program. The local collaborative management program's individualized service and support team is required to complete an initial plan for every child who is referred, which may find that no services are needed, that one or more specific services are needed and can be provided without an individualized service and support team meeting, or that an individualized service and support team meeting is required to develop a service and support plan for the child and family. Victims have the right to be informed and provide input to the plan.

The individualized service and support team is required to hold a meeting and develop an individualized service and support plan for every child who is 10 to 12 years of age who allegedly engaged in behavior that would constitute a crime of violence or felony sex offense. The county department of human or social services is required to attend the meeting if the behavior would constitute a felony sex offense. The county department of human or social services is required to make a determination as to whether the department of human services will provide prevention and intervention services or conduct a formal assessment, investigate, provide services, or open a case.

The bill clarifies that victims of actions by children who are 10 to 12 years of age are still able to access existing victim services and compensation. The bill provides that victims shall receive a free copy of the form completed by law enforcement, which can be used to request victim's compensation.

The bill provides that a minor child, or a parent or guardian seeking relief on behalf of a minor child, shall not pay a fee to seek a protection order. Courts that issue protection orders shall provide assistance to individuals in completing judicial forms to obtain a protection order. The bill changes the minimum age that a person can be held in custody for contempt of court for failing to comply with a protection order to a person who is 13 years of age. A child who is 10 to 12 years of age who fails to comply with a protection order may be court ordered to participate in a collaborative management program.

The bill changes the minimum age of a county court's concurrent original jurisdiction with the district court in criminal actions that constitute misdemeanors or petty offenses to 13 years of age.

The bill changes the minimum age to be charged by a municipal court for a municipal offense to 13 years of age.

Under current law, a juvenile court may transfer a child to district court for adult criminal proceedings under certain conditions. The bill eliminates the ability for the juvenile court to transfer children who are 12 or 13 years of age to the district court. For a child who is 14 years of age or older, the bill changes the current authority of the juvenile court to transfer the child's case for any delinquent act that constitutes any felony to only any delinquent act that constitutes a class 1 or class 2 felony or a crime of violence.

The bill extends certain sentencing protections that are currently provided to children who are 10 or 11 years of age to children who are 13 or 14 years of age.

(Note: This summary applies to this bill as introduced.)

The public-private collaboration unit (unit) in the department of personnel (department) promotes the use of public-private partnerships between state public entities such as departments, agencies, or subdivisions of the executive branch of state government, and private partners as a tool for time and cost-efficient completion of public projects. The bill authorizes the unit to undertake additional functions in connection with public projects that provide housing including:

• Accepting gifts, grants, and donations, which if monetary, are to be credited to the unused state-owned real property fund (fund);
• Utilizing proceeds from real estate transactions and revenue from public-private agreements;
• Acting as an agent on behalf of the department in real estate transactions using real property that upon approval by the governor has been deeded to the department by a state public entity, including for the purchase, transfer, exchange, sale and disposition, and lease of real property; and
• Establishing a process for using requests for information to solicit public projects.

The bill also allows the department and the unit to use money from the fund to facilitate these additional functions by the unit in connection with public projects that provide housing and for the standard operating expenses of the unit.

(Note: This summary applies to this bill as introduced.)

The bill creates the Colorado adult high school program (program) in the office responsible for adult education within the department of education (department). The purpose of the program is to create a pathway for Coloradans who are 21 years of age or older and do not have a high school diploma to attend high school and earn a diploma at no cost. Students may also earn industry-recognized certificates or college credits at no cost.

The bill requires the department to partner with a Colorado community-based nonprofit organization (organization) to operate the program. The department is required to select an organization to act as the education provider for the program. The education provider is required to:

• Secure and maintain a building for the program;
• Contribute funding annually for operating and facility costs;
• Hire educators and school personnel, including life coaches who help students navigate academic and personal challenges;
• Establish an academic accountability system with the approval of the department;
• Establish minimum graduation requirements;
• Award Colorado high school diplomas to students who successfully complete the program;
• Use an evidence-based educational model that has proven effective through a randomized control trial or an experimental study;
• Develop in-person courses;
• Develop online courses for students who take classes in person but demonstrate academic readiness for remote course work;
• Consult with a nonprofit organization that has successfully implemented an evidence-based educational model for adults in another state;
• Serve all students, regardless of immigration status;
• Enroll no more than 400 students at one time;
• Comply with state and federal laws concerning students with disabilities, including students with accommodations pursuant to section 504 of the federal "Rehabilitation Act of 1973";
• Create individualized education programs for students with disabilities;
• Collaborate with local district colleges, community colleges, area technical colleges, or local career and technical education programs to ensure access to courses that can lead students to graduate with industry-recognized certificates;
• Fund industry-recognized certificate programs at no cost to students;
• Create a plan to authorize teachers to teach courses for college credit;
• Operate a licensed, on-site child care center for students with children; and
• Offer transportation assistance to students who enroll in the program.

The department is required to establish a fair and transparent request for proposal process in order to select an organization to operate the program. The request for proposal process must include input from the office within the department responsible for adult education.

The request for proposals must include:

• A plan for student enrollment, including students with disabilities;
• A plan to secure and maintain a building;
• Proposed curriculum and academic accountability standards for a student-centered course of study that can result in a Colorado high school diploma;
• Evidence of the effectiveness of the evidence-based educational model to be implemented by the program;
• A plan to hire and maintain a staff of educators and other school personnel;
• Proof of access to the money annually required to sustain the program;
• A plan to establish and operate an on-site licensed child care center; and
• A plan to offer transportation services to students.

On or before July 31, 2025, and every July 31 thereafter, an education provider is required to report to the department on the status of the program. On or before November 30, 2025, and every November 30 thereafter, the department is required to report the status of the program to the house of representatives education committee and the senate education committee, or their successor committees, including but not limited to:

• Student demographic data disaggregated by race, ethnicity, socioeconomic status, age, gender, and disability;
• Accountability measure outcomes; and
• The number of industry-recognized certificates, college credits, and overall average credit attainment that students earn each term.
  (Note: This summary applies to this bill as introduced.)

Under current law, a mental health professional must be licensed by the department of education (department) in order to work in a school. The bill authorizes a school or a school district, the state charter school institute, and a board of cooperative services that operates a school, or the division of youth services to employ certain mental health professionals school-based therapists who are not licensed by the department but hold a Colorado license for their profession to work in coordination with licensed special service providers coordinating mental health supports for students . Before being employed, the mental health professional school-based therapists must satisfy other requirements for nonlicensed school employees, including a fingerprint-based criminal background check. Any mental health professional school-based therapists employed may be supervised by a mentor special services provider in the field in which the person is employed or a licensed administrator.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

In 2019, the rural opportunity office (office) began its work in the office of economic development. The bill codifies the office. The director of the office is designated by and reports to the director of the office of economic development.

The office is required to serve as Colorado's central coordinator of rural economic development matters with certain staff physically located in rural communities across Colorado, work with coal transitioning communities to explore unique business and economic development opportunities, make recommendations that inform the governor's policy on rural economic development matters, and measure the success of program outreach and determine whether Colorado's rural communities receive more statewide funding as a result of the efforts of the office.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law requires adult education providers (providers) that participate in the department of education's (department) adult education and literacy grant program (program) to offer eligible adults basic education in literacy and numeracy. The bill adds "digital literacy" to the basic education offered to eligible adults.

The bill describes services that providers may offer to eligible adults. The bill amends the reporting requirements for providers of the program.

The bill allows community colleges, area technical colleges, and local district colleges (colleges) to develop minimum graduation requirements for a high school diploma based on the minimum high school graduation guidelines adopted by the state board of education. Colleges are authorized to award high school diplomas to students who successfully complete the colleges' minimum high school graduation requirements.

(Note: This summary applies to this bill as introduced.)

The bill creates several opportunities for youth, defined as the age of eligibility for membership in the Colorado youth advisory council, to be involved in the review of the state's education standards. Youth representatives shall be appointed as follows:

• The commissioner of education (commissioner) shall appoint youth representatives from nominations submitted by schools throughout the state to participate in the standards development process, which includes community engagement;
• The commissioner shall appoint 2 youth representatives to any regional educator meetings; and
• Each local education provider shall appoint 2 youth representatives to any review committees for local education providers.

In each instance, the appointing authority shall select the youth representatives from nominations submitted by schools throughout the state, and, if applicable when possible , one must be from an urban area and one must be from a rural area.

Youth representatives will serve as voting members of the committees and may be reappointed pursuant to each committee's process. The department of education (department) may compensate youth representatives for actual expenses incurred with participation, and, if appropriate, provide a stipend in an amount determined by the department.

The department shall promote the opportunities for youth involvement and request schools nominate youth to participate.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill allows an employee to use accrued paid sick leave when the employee needs to:

• Care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the closure of the family member's school or place of care; or
• Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member ; or
• Evacuate the employee's place of residence due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the need to evacuate the employee's residence.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill encourages each public school in the state to provide instruction on cardiopulmonary resuscitation and the use of an automated external defibrillator to students in grades 9 through 12. The bill requires the instruction to meet certain requirements.

The bill requires the instruction of cardiopulmonary resuscitation and the use of an automated external defibrillator to be included in the curriculum for a high school that participates in the Colorado comprehensive health education program.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Colorado Youth Advisory Council Committee. The bill requires each school district board of education, institute charter school board for a charter school authorized by the state charter school institute, or governing board of a board of cooperative services (BOCES) to adopt a policy to address disproportionate disciplinary practices in public schools. Each school district, charter school, institute charter school, or BOCES (local education provider) shall develop, implement, and annually review improvement plans if the data reported to the department of education pursuant to the safe school reporting requirements shows disproportionate discipline practices at the local education provider. In implementing an improvement plan to address disproportionate discipline practices, each local education provider shall provide to the parents of the students enrolled in the school written notice of the improvement plan and issues identified by the local education provider as giving rise to the need for the plan. The written notice must include the timeline for developing and adopting the improvement plan and the dates, times, and locations of the public meeting to solicit input from parents concerning disproportionate discipline and the contents of the plan before the plan is written and a public hearing to review the plan prior to final adoption.

Current law encourages school districts to consider certain factors before suspending or expelling a student. The bill requires school districts to consider those factors before suspending or expelling a student.

The bill requires school districts to document in a student's record and compile in the safe school report any alternative disciplinary attempts before suspending or expelling a student.

(Note: This summary applies to this bill as introduced.)

For 5 income tax years beginning in 2023, the bill creates a refundable state income tax credit for a Colorado teacher or classroom paraprofessional (eligible educator) for their classroom expenses. An eligible educator cannot claim the credit for an expense that the educator claims as a federal educator expense deduction for purposes of the educator's federal income tax, and the maximum amount of the credit per income tax year is $500.
(Note: This summary applies to this bill as introduced.)

Under current law, the middle-income housing authority (authority) has the power to make and enter into contracts or agreements with public or private entities to facilitate public-private partnerships. The bill clarifies this power of the authority to enter into public-private partnerships by specifying that:

• The affordable rental housing component of a public-private partnership is exempt from state and local taxation;
• A public-private partnership may provide for the transfer of the interest in an affordable rental housing project to an entity other than the authority;
• The authority may issue bonds to finance the affordable rental housing component in a public-private partnership; and
• Bonds issued by the authority may be payable from the revenue and assets of the affordable rental housing component of a public-private partnership or solely from the revenue or assets of the authority as current law requires.

Additionally, the bill expands the board of directors of the authority from 14 to 16 by adding 2 nonvoting members. The senate majority leader and the house majority leader will each appoint a member of the general assembly from their respective chambers to serve as the 2 new nonvoting members, unless the senate majority leader and the house majority leader are from the same political party in which case the house minority leader will appoint the member to the board of directors from the house.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The school access for emergency response (SAFER) grant program is scheduled to repeal on July 1, 2024. The bill extends the SAFER grant program for 5 years, until July 1, 2029, and clarifies when the state treasurer is required to transfer unexpended money from the SAFER grant program's cash fund when the grant program is repealed.

(Note: This summary applies to this bill as introduced.)

Current law specifies that a covered individual's weekly paid family and medical leave benefit is determined based on the individual's average weekly wage earned during the covered individual's base period or alternative base period from the job or jobs from which the covered individual is taking paid family and medical leave, which excludes from the calculation recent wages from previous jobs. The bill eliminates the limit on calculating the benefit based on the average weekly wage earned only from the job or jobs from which the individual is taking paid family and medical leave.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The office of future of work (OFW) was created in the department of labor and employment (department) by executive order of the governor in 2019 for the purpose of studying unemployment assistance. The bill creates the OFW in statute and expands the duties of the OFW. The purpose of the OFW is to:

• Identify opportunities for Colorado's communities to transition effectively to emerging industries;
• Ensure the inclusion of key stakeholders and engage partnerships across public and private sectors;
• Host, organize, and convene task forces, summits, and other appropriate meetings with diverse stakeholders, designed to improve the state's understanding of the social and economic impacts of the changing nature of work;
• Explore ways that the state can prepare for current and future impacts, including through the modernization of worker benefits and protections, the development of a skilled and resilient workforce through coordination of registered apprenticeship programs, and the identification of new policy and program solutions; and
• Undertake studies, research, and factual reports related to issues of concern and importance to Colorado's future workforce.

The executive director of the department is required to submit a report to the governor, at least once per calendar year, that includes recommendations for potential policy initiatives.

In 2021, House Bill 21-1007 created the state apprenticeship agency (SAA) in the department. The bill amends Colorado statutes to enable the United States department of labor's office of apprenticeship to recognize Colorado's state apprenticeship agency and authorize the SAA to register and oversee apprenticeship programs. To conform with regulations promulgated by the United States secretary of labor under the federal "National Apprenticeship Act", the bill:

• Modifies references to apprenticeships in Colorado statutes;
• Changes the state apprenticeship council to the council for apprenticeship in the building and construction trades; and
• Changes the interagency advisory committee on apprenticeship to the council for apprenticeship in new and emerging industries.
  (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill prohibits the state, counties, cities and counties, municipalities, school districts, and any of their departments, institutions, or agencies from making it a condition of employment that an applicant for employment or current or past employee or a prospective employee (employee) executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee or prospective employee from disclosing factual circumstances concerning the individual's employee's employment with the government (nondisclosure agreement) unless the nondisclosure agreement is necessary to prevent disclosure of:

• The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests held by the employee who is a party to the agreement if the employee elects to restrict such disclosure ; or
• Matters required to be kept confidential by federal law or rules, the state constitution, or state statute, or matters bearing on the specialized details of security arrangements or investigations.
• Data, information, including personal identifying information, or matters that are required to be kept confidential by federal law or regulations, the state constitution, or state law or rules;
• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a contractor or prospective contractor of the employee's employer during the procurement process or while the contractor is providing goods or services to the employee's employer if the protection of such information is needed to ensure successful procurement or provision of the goods or services; or
• Information bearing on the specialized details of security arrangements or investigations.

For an employer that is the state or a department, institution, or agency of the state, a nondisclosure agreement is also allowed if it is necessary to prevent disclosure of:

• Nonpublic and confidential labor relations positions and strategies;
• Attorney work product;
• Vendor lists and vendor preferences; or
• State business-related information received from a third party that the third party has designated confidential.

For an employer that is a county, a city and county, a municipality, or a department, institution, or agency of a county, a city and county, or a municipality, a nondisclosure agreement is also allowed if it is necessary to prevent disclosure of:

• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate; or
• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer.

The bill prohibits nondisclosure agreements that prohibit employees of the state, counties, city and counties, municipalities, school districts, or any of their departments, institutions, or agencies from disclosing factual circumstances concerning their employment. To the extent that an employer includes any such provision in any employment contract or agreement, the provision is deemed to be against public policy and unenforceable against a current or former an employee who is a party to the contract or agreement unless the provision is intended to prevent disclosure of:

• The employee's identity, facts that might lead to the discovery of the employee's identity , or factual circumstances implicating relating to the employment that reasonably implicate the employee's legitimate privacy interests if the employee elects to restrict such disclosure ; matters required to be kept confidential by federal law or rules, the state constitution, or state statute, or matters bearing on the specialized details of security arrangements or investigations.
• Data, information, including personal identifying information, or matters that are required to be kept confidential by federal law or regulations, the state constitution, or state law or rules;
• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a contractor or prospective contractor of the employee's employer during the procurement process or while the contractor is providing goods or services to the employee's employer if the protection of such information is needed to ensure successful procurement or provision of the goods or services; or
• Information bearing on the specialized details of security arrangements or investigations.

The bill prohibits the state, counties, city and counties, municipalities, and school districts, or any of their departments, institutions, or agencies from taking any retaliatory materially adverse employment-related action, including withdrawal of an offer of employment, against an individual employee on the grounds that the individual employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under the bill. The bill also states that the taking of a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation and that any person who enforces or attempts to enforce a contract or agreement provision deemed to be against public policy and unenforceable under the bill is liable for the employee's reasonable attorney fees and costs in defending against the action.The bill requires an action to enforce a provision of the bill to be brought in the district court for the district in which the employee is primarily employed. A settlement agreement between an employer that is subject to the bill and an employee of the employer must be signed by both the employer and the employee.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

To recompense the public employees' retirement association (PERA) for the cancellation of a previously scheduled July 1, 2020, direct distribution of $225 million, House Bill 22-1029 required an additional direct distribution to PERA. However, the additional direct distribution did not fully recompense PERA for the cancellation of the previously scheduled direct distribution. To fully recompense PERA, the bill requires the state treasurer to issue a warrant to PERA in an amount equal to $35,050,000. The bill requires the warrant to consist of the balance of the PERA payment cash fund, and any remaining amount must be paid from the general fund.
(Note: This summary applies to this bill as introduced.)

Starting July 1, 2024, the bill prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application.

An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:

• A bona fide occupational qualification pertaining to public or occupational safety;
• A federal law or regulation; or
• A state or local law or regulation based on a bona fide occupational qualification.

The department of labor and employment (department) is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers.

For the 2023-24 state fiscal year, the bill requires the general assembly to appropriate $56,468 from the general fund to the department for use by the division of labor standards and statistics for program costs related to labor standards.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill eliminates the requirement that the department of education administer a state assessment in social studies to elementary and secondary students.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

For the career development success program (program), the bill removes the requirement for successful completion of a qualified industry pre-apprenticeship program and the requirement for successful completion of a qualified industry apprenticeship.

Current law requires the general assembly to annually appropriate $1 million to the department of education for the program. Beginning in the 2023-24 budget year, and each budget year thereafter, the bill increase the appropriation to $10 million.

The bill requires a school district or charter school participating in the program to receive 120% of the per-pupil amount for each pupil who is eligible for free or reduced-price lunch and who successfully earned an industry certificate by completing a qualified industry-credential program, a qualified workplace training program, or a qualified advanced placement course.

The bill authorizes a participating school district or participating charter school to contract with a third party to provide specified services under the program.

The bill extends the repeal date from September 1, 2024, to September 1, 2034.

(Note: This summary applies to this bill as introduced.)

Currently, the advanced industry export acceleration program ends on January 1, 2025, and the advanced industries acceleration grant program ends on July 1, 2024. The bill extends both programs by 10 years.

Additionally, the advanced industry export acceleration program allows a qualifying business to receive an international export development expense reimbursement. To be eligible for the expense reimbursement under current law, a qualifying business must meet certain eligibility criteria. The bill removes the eligibility criterion that requires a qualifying business to show a profit during the last fiscal year.
(Note: This summary applies to this bill as introduced.)

Under current law, a peace officer who works as a school resource officer is encouraged to complete a school resource officer training curriculum (training) identified by the P.O.S.T. board. The bill requires a peace officer to complete the training before working as a school resource officer or as soon as is reasonably possible if there is not sufficient time to complete the training before the school resource officer assignment begins.Beginning on or before August 1, 2024, the bill requires the department to annually convene a training meeting for school resource officers and school officials to discuss best practices in responding to safe2tell reports, including defining roles, communication about a report, outcome reporting, and training resources to improve school resource officers' support of students and school staff. Safe2tell may conduct a survey to collect data and discussions regarding its operations.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law does not expressly provide a school district or the state charter school institute (institute) with legal standing to bring lawsuits against rules, regulations, or final orders of the state board of education (state board) issued pursuant to the Colorado "Education Accountability Act of 2009" (act). The bill allows a school district or the institute to seek judicial review or file a civil action for declaratory relief against rules, regulations, or final orders of the state board issued pursuant to the act.
(Note: This summary applies to this bill as introduced.)

Sunset Process - Senate Education Committee. The Colorado youth advisory council (advisory committee) is set to repeal September 1, 2023. The bill implements the department of regulatory agencies' recommendation to continue continues the advisory committee indefinitely until September 1, 2028. The bill appropriates $50,000 from the general fund to the youth advisory council cash fund.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill establishes a parental engagement in schools income tax credit for income tax years commencing on or after January 1, 2024, that allows a taxpayer who is a parent (taxpayer) to claim a credit when the taxpayer volunteers in the school of the taxpayer's child. Taxpayers are allowed a credit of $20 for each volunteer hour, up to $500.

Eligible schools include a school of a school district, a district charter school, an institute charter school, or a board of cooperative services.

An eligible school shall issue a credit certificate to any taxpayer who volunteers in the school. The credit certificate allows the taxpayer to claim a credit with respect to the income taxes imposed by the state. To claim a credit, the taxpayer must submit the credit certificate to the department of revenue (department) with the taxpayer's income tax return for the income tax year for which a credit is claimed. The amount of the credit that exceeds the taxpayer's income taxes due is refunded to the taxpayer.

The bill encourages eligible schools to promote the credit to parents at the start of each school year and to provide volunteer opportunities throughout the year to accommodate parent schedules and interests.

The bill requires the Colorado state advisory council for parent involvement in education (council) to develop marketing materials to promote the credit to parents. The council shall conduct training sessions to instruct eligible schools on how to implement and manage a volunteer program to align with the credit. The training sessions must use best practices for parental engagement. On or before May 1, 2025, the council shall create and distribute a statewide parental engagement feedback survey (survey) to solicit and collect parental engagement feedback from parents. The purpose of the survey is to measure parental engagement participation and to determine whether parental engagement provides support to eligible schools.

At the end of each school year through 2029, eligible schools are required to solicit feedback, using the council's survey, from parents concerning volunteer experiences. On or before July 1, 2025, and each July 1 thereafter through July 1, 2029, eligible schools shall submit the survey data to the school districts. On or before October 1, 2025, and each October 1 thereafter through October 1, 2029, school districts shall report the survey data to the department of education.

The bill requires the department of education to submit an annual report summarizing the survey data reported by the school districts to the department on February 15, 2026, and each February 15 thereafter through February 15, 2030, to the state auditor, the education committees of the house of representatives and the senate, or their successor committees, and the finance committees of the house of representatives and the senate, or their successor committees.

The bill repeals the income tax credit, effective July 1, 2032.

(Note: This summary applies to this bill as introduced.)

The bill continues the Colorado student leaders institute program and changes responsibility for the program from the department of higher education to the department of education. The change shifts oversight of the program from a governor-appointed executive board to the state board of education.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

As an alternative route to teacher licensure, the bill creates a teacher degree apprenticeship program (apprenticeship program), which builds on elements of current alternative teacher licensure programs, including a bachelor's degree requirement, training programs approved by the state department of education (CDE), and structured on-the-job training. The apprenticeship program is run collaboratively with the United States department of labor apprenticeship office of apprenticeship (DOL office) and the state apprenticeship office (state office) and utilizes apprentice mentor teachers and teacher apprenticeship program sponsors.

The bill allows CDE to issue a teacher apprenticeship authorization (authorization) to a person (apprentice) who is employed by a school district, board of cooperative services, charter school, or institute charter school (school) who is actively registered in an apprenticeship program, and who is actively enrolled in an affiliated bachelor's degree program from an accredited institution. The authorization is valid for 4 years while the apprentice completes the bachelor's degree requirement of the program. CDE may renew the authorization for 2 years. up to 2 successive terms, in increments of 2 years, as necessary for the apprentice to fulfill the apprenticeship requirements. An authorization is invalid if the apprentice withdraws from any part of the apprenticeship program or fails to make satisfactory progress.

Upon application from an entity with expertise in apprenticeship or teacher preparation, CDE shall authorize the entity to serve as a teacher apprenticeship program sponsor (sponsor). Applications to serve as a sponsor must include a proposed work process schedule and related instruction required by the DOL office and state office . CDE shall review each application and approve or disapprove the sponsor. If approved, the sponsor may apply to CDE for approval of an apprenticeship program.

An apprenticeship program must meet the following criteria:

• Be registered with the DOL office;
• Incorporate a bachelor's degree program from an accredited institution in a related field of study relative to the licensure type; and
• Incorporate on-the-job training in meaningful and time-saving ways.

Every 5 years after apprenticeship program approval, CDE shall consult with the DOL office concerning the federally required audit of the apprenticeship program to ensure the apprenticeship program continues to meet requirements.

The state board of education is authorized to promulgate rules for the implementation of the apprenticeship program.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates a Colorado school transportation modernization task force (task force) to create a report containing findings and recommendations to improve public school transportation services for students.

The task force specifies task force membership, including the commissioner of education or the commissioner's designee, and members appointed by the commissioner.

The task force must prepare, publish, and share the findings of its the report by January 31, 2024, with the education committees of the general assembly, the state board of education, and the governor.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Legislative Interim Committee on School Finance. The bill increases the required annual appropriation to the department of education by an additional $40,203,671 to fund children who have one or more disabilities and receive special education services from a school district, board of cooperative services, a charter school network, a charter school collaborative, or the state charter school institute that is providing educational services to exceptional children.
(Note: This summary applies to this bill as introduced.)

In 2009, the general assembly enacted legislation to merge the Denver public schools retirement system into the public employees' retirement association (PERA), effective January 1, 2010. The merger legislation created a Denver public schools (DPS) division within PERA and set the employer and member contribution rates for that division. The merger legislation also required PERA to calculate a true-up beginning January 1, 2015, and every fifth year thereafter, to determine whether the DPS employer contribution rate must be adjusted to assure the equalization of the DPS division's ratio of unfunded actuarial accrued liability over payroll to the PERA school division's ratio of unfunded actuarial accrued liability over payroll at the end of the 30-year period that began on January 1, 2010 (equalization of the 2 divisions). If necessary, the PERA board is required to recommend that the general assembly adjust the DPS total employer rate to assure the equalization of the 2 divisions.

The general assembly enacted the last true-up for the equalization of the 2 divisions in 2015. In furtherance of the true-up for the equalization of the 2 divisions, beginning on July 1, 2023, the bill reduces the total employer contribution rate for the DPS division from 10.4% to 7.15% of salary. The bill does not alter the employer or member contribution rate for any other division of PERA.

(Note: This summary applies to this bill as introduced.)

The "National Labor Relations Act" does not apply to federal, state, or local governments and the "Colorado Labor Peace Act" excludes governmental entities, with an exception for mass transportation systems, leaving public employees without the protection afforded by these labor laws. The bill grants certain public employees, including individuals employed by counties, municipalities, fire authorities, school districts, public colleges and universities, library districts, special districts, public defender's offices, the university of Colorado hospital authority, the Denver health and hospital authority, the general assembly, and a board of cooperative services, the right to:

• Discuss or express views regarding public employee representation or workplace issues;
• Engage in protected, concerted activity for the purpose of mutual aid or protection;
• Fully participate in the political process while off duty and not in uniform, including speaking with members of the public employer's governing body on terms and conditions of employment and any matter of public concern and engaging in other political activities in the same manner as other citizens of Colorado without discrimination, intimidation, or retaliation; and
• Organize, form, join, or assist an employee organization or refrain from organizing, forming, joining, or assisting an employee organization.

The bill also prohibits certain public employers from discriminating against, coercing, intimidating, interfering with, or imposing reprisals against a public employee for engaging in any of the rights granted.

The Colorado department of labor and employment (department) is charged with enforcing any alleged violation of these rights and is granted rule-making authority. A party may appeal the department's final decision to the Colorado court of appeals. The bill requires the court of appeals to give deference to the department.

(Note: This summary applies to this bill as introduced.)

Supplemental appropriations are made to the department of early childhood.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Supplemental appropriations are made to the department of education.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Joint Budget Committee. The general assembly recognizes that the actual funded pupil count was lower and the at-risk pupil count was higher than expected when the appropriation amount for the state share of total program funding was established during the 2022 legislative session, resulting in an overall increase in total program funding for the 2022-23 budget year.

In addition, the local property tax revenue and specific ownership tax revenue are higher than anticipated, resulting in an increase in the local share of total program funding.

The bill declares the general assembly's intent to maintain the budget stabilization factor at the amount of the original appropriation for the 2022-23 budget year.

The bill decreases the appropriation for the state share of total program funding by $76,383,372 in cash funds from the state education fund and adjusts the 2022-23 state fiscal year long bill accordingly.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates the youth mentorship stipend pilot program in the department of higher education. The program provides money for higher education tuition and fees to students who provide mentorship services to an approved youth mentorship organization.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill repeals and reenacts the statutory article related to extreme risk protection orders.

Under current law a family or household member and a law enforcement officer or agency can petition for an extreme risk protection order. The bill expands the list of who can petition for an extreme risk protection order to include licensed medical care providers, licensed mental health-care providers, licensed educators, and district attorneys.

The bill requires the office of gun violence prevention to expend funds annually on a public education campaign regarding the availability of, and the process for requesting, an extreme risk protection order.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:

• Directs the Colorado civil rights division (division) to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism;
• Adds a new definition of "harass" or "harassment" and repeals the current definition of "harass" that requires creation of a hostile work environment;
• Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status";
• Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice;
• For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual's disability has a significant impact on the job as a rationale for the employment practice;
• Specifies that it is a discriminatory or an unfair employment practice for an employer to fail to initiate an investigation of a complaint or to fail to take prompt, reasonable, and remedial action;
• Specifies the requirements for an employer to assert an affirmative defense to an employee's proven claim of unlawful harassment by a supervisor; and
• Specifies the requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and an employee or a prospective employee to be enforceable.
  (Note: This summary applies to this bill as introduced.)

The bill implements recommendations from the dyslexia working group. The bill:

• Directs school districts, boards of cooperative services, charter schools, and institute charter schools (local education providers) to screen for students at risk of foundational literacy skill deficits;
• Directs local education providers to provide evidence-based supplemental instruction and intervention for children at risk of foundational literacy skill deficits;
• Requires local education providers to provide the public and parents information regarding which screening and interventions the local education provider uses for foundational literacy skill deficits;
• Requires the department of education to provide professional development for local education providers and the public in evidence-based best practices, including screening, supplemental instruction, and intervention; and
• Establishes an independent ombudsman office.
  (Note: This summary applies to this bill as introduced.)

The bill requires a school or school district to allow a qualified student to wear and display traditional Native American regalia at a school graduation ceremony.

The bill requires public colleges and universities to allow a qualified student to wear and display traditional Native American regalia at a college graduation ceremony.

(Note: This summary applies to this bill as introduced.)

The bill establishes the universal high school scholarship program (program) in the office of economic development (office) to provide scholarships for the 2024-25 academic year to students who pursue an in-demand or high-priority postsecondary pathway, including degrees, certificates, and registered apprenticeships, with a provider on the eligible training provider lists disseminated by the department of labor and employment, a provider in the Colorado state apprenticeship resource directory, a public or private institution of higher education operating in Colorado, or an organization approved by the office (service providers).

The office, or a vendor contracted by the office, administers the program. The office shall develop policies and procedures necessary to administer the program.

A student is eligible for the program if the student graduated from a Colorado high school or was awarded a high school equivalency credential during the 2023-24 academic year; completes the free application for federal student aid or the Colorado application for state financial aid; and did not receive a grant from the Colorado opportunity scholarship initiative.

Scholarships are awarded in the following priority: To all eligible students who intend to enroll at a service provider to pursue an in-demand or high-priority postsecondary pathway, then to other eligible students who intend to enroll at a service provider. Each scholarship award is for up to $1,500. Scholarship money is distributed to the service provider for use by the student for tuition, fees, and books.

The bill requires the office to contract with vendors to provide postsecondary and career advising at schools identified by the office.

The bill requires the general assembly to appropriate $25 million for the program.

(Note: This summary applies to this bill as introduced.)

Housing needs planning. The executive director of the department of local affairs (director) shall, no later than December 31, 2024, and every 5 years thereafter, issue methodology for developing statewide, regional, and local housing needs assessments. The statewide housing needs assessment must determine existing statewide housing stock and current and future housing needs. The regional housing needs assessments must allocate the addressing of housing needs identified in the statewide housing needs assessment to regions of the state. Similarly, the local housing needs assessments must allocate the addressing of the housing needs allocated in the regional housing needs assessment to localities in the relevant region.

The director shall, no later than December 31, 2024, issue guidance on creating a housing needs plan for both a rural resort job center municipality and an urban municipality. Following this guidance, no later than December 31, 2026, and every 5 years thereafter, a rural resort job center municipality and an urban municipality shall develop a housing needs plan and submit that plan to the department of local affairs (department). A housing needs plan must include, among other things, descriptions of how the plan was created, how the municipality will address the housing needs it was assigned in the local housing needs assessment, affordability strategies the municipality has selected to address its local housing needs assessment, an assessment of displacement risk and any strategies selected to address identified risks, and how the locality will comply with other housing requirements in this bill.

The director shall, no later than December 31, 2024, develop and publish a menu of affordability strategies to address housing production, preservation, and affordability. Rural resort job center municipalities and urban municipalities shall identify at least 2 of these strategies that they intend to implement in their housing plan, and urban municipalities with a transit-oriented area must identify at least 3.

The director shall, no later than December 31, 2024, develop and publish a menu of displacement mitigation measures. This menu must, among other things, provide guidance for how to identify areas at the highest risk for displacement and identify displacement mitigation measures that a locality may adopt. An urban municipality must identify which of these measures it intends to implement in its housing plan to address any areas it identifies as at an elevated risk for displacement.

The director shall, no later than March 31, 2024, publish a report that identifies strategic growth objectives that will incentivize growth in transit-oriented areas and infill areas and guide growth at the edges of urban areas. The multi-agency advisory committee shall, no later than March 31, 2024, submit a report to the general assembly concerning the strategic growth objectives.

The bill establishes a multi-agency advisory committee and requires that committee to conduct a public comment and hearing process on and provide recommendations to the director on:

• Methodologies for developing statewide, regional, and local housing needs assessments;
• Guidance for creating housing needs plans;
• Developing a menu of affordability strategies;
• Developing a menu of displacement mitigation measures;
• Identifying strategic growth objectives; and
• Developing reporting guidance and templates.

A county or municipality within a rural resort region shall participate in a regional housing needs planning process. This process must encourage participating counties and municipalities to identify strategies that, either individually or through intergovernmental agreements, address the housing needs assigned to them. A report on this process must be submitted to the department. Further, within 6 months of completing this process, a rural resort job center municipality shall submit a local housing needs plan to the department. Once a year, both rural resort job centers and urban municipalities shall report to the department on certain housing data.

A multi-agency group created in the bill and the division of local government within the department shall provide assistance to localities in complying with the requirements of this bill. This assistance must include technical assistance and a grant program.

Accessory dwelling units. The director shall promulgate an accessory dwelling unit model code that, among other things, requires accessory dwelling units to be allowed as a use by right in any part of a municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a municipality does not adopt the accessory dwelling unit model code, the municipality shall adhere to accessory dwelling unit minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Allow accessory dwelling units as a use by right in any part of the municipality where the municipality allows single-unit detached dwellings as a use by right;
• Only adopt or enforce local laws concerning accessory dwelling units that use objective standards and procedures;
• Not adopt, enact, or enforce local laws concerning accessory dwelling units that are more restrictive than local laws concerning single-unit detached dwellings; and
• Not apply standards that make the permitting, siting, or construction of accessory dwelling units infeasible.

Middle housing. The director shall promulgate a middle housing model code that, among other things, requires middle housing to be allowed as a use by right in any part of a rural resort job center municipality or a tier one urban municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a rural resort job center municipality or a tier one urban municipality does not adopt the middle housing model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Allow middle housing as a use by right in certain areas;
• Only adopt or enforce local laws concerning middle housing that use objective standards and procedures;
• Allow properties on which middle housing is allowed to be split by right using objective standards and procedures;
• Not adopt, enact, or enforce local laws concerning middle housing that are more restrictive than local laws concerning single-unit detached dwellings; and
• Not apply standards that make the permitting, siting, or construction of middle housing infeasible.

Transit-oriented areas. The director shall promulgate a transit-oriented area model code that, among other things, imposes minimum residential density limits for multifamily residential housing and mixed-income multifamily residential housing and allows these developments as a use by right in the transit-oriented areas of tier one urban municipalities. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a tier one urban municipality does not adopt the transit-oriented model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Create a zoning district within a transit-oriented area in which multifamily housing meets a minimum residential density limit and is allowed as a use by right; and
• Not apply standards that make the permitting, siting, or construction of multifamily housing in transit-oriented areas infeasible.

Key corridors. The director shall promulgate a key corridor model code that applies to key corridors in rural resort job center municipalities and tier one urban municipalities. The model code must, among other things, include requirements for:

• The percentage of units in mixed-income multifamily residential housing that must be reserved for low- and moderate-income households;
• Minimum residential density limits for multifamily residential housing; and
• Mixed-income multifamily residential housing that must be allowed as a use by right in key corridors.

The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a rural resort job center municipality or a tier one urban municipality does not adopt the key corridor model code, the municipality shall adhere to key corridor minimum standards promulgated by the director and developed by the department. These minimum standards, among other things, must identify a net residential zoning capacity for a municipality and must require a municipality to:

• Allow multifamily residential housing within key corridors that meets the net residential zoning capacity as a use by right;
• Not apply standards that make the permitting, siting, or construction of multifamily housing in certain areas infeasible; and
• Not adopt, enact, or enforce local laws that make satisfying the required minimum residential density limits infeasible.

The committee shall provide recommendations to the director on promulgating these minimum standards. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Adoption of model codes and minimum standards. A relevant municipality shall adopt either the model code or local laws that satisfy the minimum standards concerning accessory dwelling units, middle housing, transit-oriented areas, and key corridors. Furthermore, a municipality shall submit a report to the department demonstrating that it has done so. If a municipality fails to adopt either the model code or local laws that satisfy the minimum standards by a specified deadline, the relevant model code immediately goes into effect, and municipalities shall then approve any proposed projects that meet the standards in the model code using objective procedures. However, a municipality may apply to the department for a deadline extension for a deficiency in water or wastewater infrastructure or supply.Additional provisions. The bill also:

• Requires the advisory committee on factory-built structures and tiny homes to produce a report on the opportunities and barriers in state law concerning the building of manufactured homes, mobile homes, and tiny homes;
• Removes the requirements that manufacturers of factory-built structures comply with escrow requirements of down payments and provide a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer;
• Prohibits a planned unit development resolution or ordinance for a planned unit with a residential use from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors in a way not allowed by this bill;
• Prohibits a local government from enacting or enforcing residential occupancy limits that differ based on the relationships of the occupants of a dwelling;
• Modifies the content requirements for a county and municipal master plan, requires counties and municipalities to adopt or amend master plans as part of an inclusive process, and requires counties and municipalities to submit master plans to the department;
• Allows a municipality to sell and dispose of real property and public buildings for the purpose of providing property to be used as affordable housing, without requiring the sale to be submitted to the voters of the municipality;
• Requires the approval process for manufactured and modular homes to be based on objective standards and administrative review equivalent to the approval process for site-built homes;
• Prohibits a municipality from imposing more restrictive standards on manufactured and modular homes than the municipality imposes on site-built homes;
• Prohibits certain municipalities from imposing minimum square footage requirements for residential units in the approval of residential dwelling unit construction permits;
• Requires certain entities to submit to the Colorado water conservation board (board) a completed and validated water loss audit report pursuant to guidelines that the board shall adopt;
• Allows the board to make grants from the water efficiency grant program cash fund to provide water loss audit report validation assistance to covered entities;
• Allows the board and the Colorado water resources and power development authority to consider whether an entity has submitted a required audit report in deciding whether to release financial assistance to the entity for the construction of a water diversion, storage, conveyance, water treatment, or wastewater treatment facility;
• Prohibits a unit owners' association from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors;
• Requires the department of transportation to ensure that the prioritization criteria for any grant program administered by the department are consistent with state strategic growth objectives, so long as doing so does not violate federal law;
• Requires any regional transportation plan that is created or updated to address and ensure consistency with state strategic growth objectives;
• Requires that expenditures for local and state multimodal projects from the multimodal transportation options fund are only to be made for multimodal projects that the department determines are consistent with state strategic growth objectives; and
• For state fiscal year 2023-24, appropriates $15,000,000 from the general fund to the housing plans assistance fund and makes the department responsible for the accounting related to the appropriation.
  (Note: This summary applies to this bill as introduced.)