Amendments for HB13-1021

House Journal, February 5
21 HB13-1021 be amended as follows, and as so amended, be referred to
22 the Committee on Appropriations with favorable
23 recommendation:
24
25 Amend printed bill, strike everything below the enacting clause and
26 substitute:
27
28 "SECTION 1. In Colorado Revised Statutes, 22-33-108, amend
29 (5), (6), and (7) as follows:
30 22-33-108. Judicial proceedings. (5) (a) As a last-resort
31 approach for addressing the problem of truancy, to be used only after a
32 school district has attempted other options for addressing truancy that
33 employ best practices and research-based strategies to minimize the need
34 for court action and the risk of detention orders against a child or parent,
35 court proceedings shall be initiated to compel compliance with the
36 compulsory attendance statute after the parent and the child have been
37 given written notice by the attendance officer of the school district or of
38 the state that proceedings will be initiated if the child does not comply
39 with the provisions of this article. IT IS THE INTENT OF THE GENERAL
40 ASSEMBLY THAT, IN ENFORCING THE COMPULSORY SCHOOL ATTENDANCE
41 REQUIREMENTS OF THIS ARTICLE, A SCHOOL DISTRICT SHALL EMPLOY BEST
42 PRACTICES AND RESEARCH-BASED STRATEGIES TO MINIMIZE THE NEED FOR
43 COURT ACTION AND THE RISK THAT A COURT WILL ISSUE DETENTION
44 ORDERS AGAINST A CHILD OR PARENT.
45 (b) A SCHOOL DISTRICT SHALL INITIATE COURT PROCEEDINGS TO
46 COMPEL A CHILD AND THE CHILD'S PARENT TO COMPLY WITH THE
47 ATTENDANCE REQUIREMENTS SPECIFIED IN THIS ARTICLE BUT ONLY AS A
48 LAST-RESORT APPROACH TO ADDRESS THE CHILD'S TRUANCY AND ONLY IF
49 A CHILD CONTINUES TO BE HABITUALLY TRUANT AFTER SCHOOL OR
50 SCHOOL DISTRICT PERSONNEL HAVE CREATED AND IMPLEMENTED A PLAN
51 PURSUANT TO SECTION 22-33-107 (3) TO IMPROVE THE CHILD'S SCHOOL
52 ATTENDANCE.
53 (c) BEFORE INITIATING COURT PROCEEDINGS TO COMPEL
54 COMPLIANCE WITH THE ATTENDANCE REQUIREMENTS SPECIFIED IN THIS
55 ARTICLE, THE SCHOOL DISTRICT SHALL GIVE THE CHILD AND THE CHILD'S
56 PARENT WRITTEN NOTICE THAT THE SCHOOL DISTRICT WILL INITIATE
1 PROCEEDINGS IF THE CHILD DOES NOT COMPLY WITH THE ATTENDANCE
2 REQUIREMENTS OF THIS ARTICLE. The school district may combine the
3 notice and summons. If combined, the petition shall MUST state the date
4 on which THE SCHOOL DISTRICT WILL INITIATE proceedings, will be
5 initiated, which date shall MUST not be less than five days from AFTER the
6 date of the notice and summons. The notice shall MUST state the
7 provisions of this article with which compliance is required and shall
8 MUST state that the SCHOOL DISTRICT WILL NOT INITIATE proceedings will
9 not be brought if the child complies with that provision THE IDENTIFIED
10 PROVISIONS before the filing of the proceeding PROCEEDINGS ARE FILED.
11 (d) IF A SCHOOL DISTRICT INITIATES COURT PROCEEDINGS
12 PURSUANT TO THIS SUBSECTION (5), THE SCHOOL DISTRICT, AT A MINIMUM,
13 MUST SUBMIT TO THE COURT EVIDENCE OF:
14 (I) THE CHILD'S ATTENDANCE RECORD PRIOR TO AND AFTER THE
15 POINT AT WHICH THE CHILD WAS IDENTIFIED AS HABITUALLY TRUANT;
16 (II) THE INTERVENTIONS AND STRATEGIES USED TO IMPROVE THE
17 CHILD'S ATTENDANCE BEFORE SCHOOL OR SCHOOL DISTRICT PERSONNEL
18 CREATED THE CHILD'S PLAN DESCRIBED IN SECTION 22-33-107 (3); AND
19 (III) THE CHILD'S PLAN AND THE EFFORTS OF THE CHILD, THE
20 CHILD'S PARENT, AND SCHOOL OR SCHOOL DISTRICT PERSONNEL TO
21 IMPLEMENT THE PLAN.
22 (6) In the discretion of The court before which a proceeding to
23 compel attendance is brought MAY ISSUE, IN ITS DISCRETION, an order may
24 be issued against the child or the child's parent or both compelling the
25 child to attend school as provided by this article or compelling the parent
26 to take reasonable steps to assure the child's attendance. The order may
27 MUST require the child or AND parent or both to follow an appropriate
28 treatment plan that addresses problems affecting the child's school
29 attendance and that ensures the child has an opportunity to obtain a
30 quality education TO COOPERATE WITH THE SCHOOL DISTRICT IN
31 COMPLYING WITH THE PLAN CREATED FOR THE CHILD PURSUANT TO
32 SECTION 22-33-107 (3).
33 (7) (a) If the child does not comply with the valid court order
34 issued against the child or against both the parent and the child, the court
35 may order that an investigation ASSESSMENT FOR NEGLECT AS DESCRIBED
36 IN SECTION 19-3-102 (1), C.R.S., be conducted as provided in section
37 19-2-510 (2) 19-3-501, C.R.S. and IN ADDITION, the court may order the
38 child to show cause why he or she should not be held in contempt of
39 court.
40 (b) The court may include as a sanction IMPOSE SANCTIONS after
41 a finding of contempt an appropriate treatment plan that may include, but
42 need not be limited to, community service to be performed by the child,
43 supervised activities, participation in services for at-risk students, as
44 described by section 22-33-204, and other activities having goals that
45 shall ensure that the child has an opportunity to obtain a quality
46 education.
47 (b) (c) IF THE COURT FINDS THAT THE CHILD HAS REFUSED TO
48 COMPLY WITH THE PLAN CREATED FOR THE CHILD PURSUANT TO SECTION
49 22-33-107 (3), the court may impose on the child as a sanction for
50 contempt of court a sentence to incarceration to any OF DETENTION FOR
51 NO MORE THAN FIVE DAYS IN A juvenile detention facility operated by or
52 under contract with the department of human services pursuant to section
53 19-2-402, C.R.S., and any rules promulgated by the Colorado supreme
54 court.
755 SECTION 2. In Colorado Revised Statutes, amend 22-33-104.
56 as follows:
1 22-33-104.7. Eligibility for the general educational
2 development tests. (1) Any child A STUDENT WHO IS sixteen years of age
3 AND who submits written evidence of a need to take the GED to be
4 eligible for an educational or vocational program shall be IS eligible to sit
5 for the GED after complying with all statutory and regulatory
6 requirements in regard to GED testing.
7 (2) (a) A STUDENT WHO IS SIXTEEN YEARS OF AGE AND WHO IS
8 SUBJECT TO THE JURISDICTION OF THE JUVENILE COURT IS ELIGIBLE TO SIT
9 FOR THE GED IF THE JUDICIAL OFFICER OR ADMINISTRATIVE HEARING
10 OFFICER WHO HAS RESPONSIBILITY FOR THE STUDENT'S CASE FINDS THAT
11 SITTING FOR THE GED IS IN THE STUDENT'S BEST INTERESTS BASED ON:
12 (I) THE NUMBER OF CREDITS THAT THE STUDENT HAS EARNED
13 TOWARD HIGH SCHOOL GRADUATION AND THE NUMBER NEEDED TO
14 GRADUATE;
15 (II) THE OUTCOME OF PREVIOUS CREDIT RECOVERY AND SCHOOL
16 REENGAGEMENT PLANS, IF ANY, CREATED FOR THE STUDENT BY THE
17 SCHOOL IN WHICH THE STUDENT WAS MOST RECENTLY ENROLLED; AND
18 (III) THE DESIRES OF THE STUDENT AND THE STUDENT'S PARENT
19 CONCERNING RETURNING TO SCHOOL OR SITTING FOR THE GED.
20 (b) BEFORE SITTING FOR THE GED, A STUDENT WHO IS ELIGIBLE
21 PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2) SHALL COMPLY
22 WITH ALL STATUTORY AND REGULATORY REQUIREMENTS IN REGARD TO
23 GED TESTING.
24 SECTION 3. In Colorado Revised Statutes, 19-2-402, amend (3)
25 (a) as follows:
26 19-2-402. Juvenile detention services and facilities to be
27 provided by department of human services - education.
28 (3) (a) (I) JUVENILES IN A JUVENILE DETENTION FACILITY ARE EXEMPT
29 FROM COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS PURSUANT TO
30 SECTION 22-33-104 (2) (f), C.R.S. HOWEVER, IT IS THE INTENT OF THE
31 GENERAL ASSEMBLY THAT, WHILE IN DETENTION, JUVENILES COMPLY WITH
32 THE HOURLY REQUIREMENTS FOR ATTENDANCE SPECIFIED IN SECTION
33 22-33-104 (1), C.R.S., AND RECEIVE A LEVEL OF EDUCATIONAL SERVICES
34 THAT IS COMPARABLE TO WHAT THEY WOULD RECEIVE IF ATTENDING A
35 PUBLIC SCHOOL.
36 (II) The school boards of the school districts that a juvenile
37 detention facility serves or in which the juvenile detention facility is
38 located when requested by the judge of the juvenile court, shall furnish
39 teachers and any books or equipment needed for the proper education of
40 such juveniles as may be present THE JUVENILES WHO ARE in the juvenile
41 detention facility. THE SCHOOL DISTRICTS SHALL ENSURE THAT
42 EDUCATION SERVICES ARE AVAILABLE FOR A SUFFICIENT NUMBER OF
43 HOURS PER DAY TO ENABLE A JUVENILE TO COMPLY WITH THE SCHOOL
44 ATTENDANCE REQUIREMENTS SPECIFIED IN SECTION 22-33-104 (1) (a),
45 C.R.S., AND THAT THE EDUCATIONAL CONTENT PROVIDED ALIGNS WITH,
46 AND IS DESIGNED TO ASSIST A JUVENILE IN ACHIEVING, THE STATEWIDE
47 MODEL CONTENT STANDARDS ADOPTED PURSUANT TO SECTION 22-7-1005,
48 C.R.S.
49 SECTION 4. Act subject to petition - effective date. This act
50 takes effect at 12:01 a.m. on the day following the expiration of the
51 ninety-day period after final adjournment of the general assembly (August
52 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a
53 referendum petition is filed pursuant to section 1 (3) of article V of the
54 state constitution against this act or an item, section, or part of this act
55 within such period, then the act, item, section, or part will not take effect
56 unless approved by the people at the general election to be held in
1 November 2014 and, in such case, will take effect on the date of the
2 official declaration of the vote thereon by the governor.".
3
4 Page 1, line 103, strike "REQUIRING SCHOOLS TO ADDRESS".
5
6 Page 1, strike line 104.
7
8

House Journal, March 8
47 Amendment No. 1, Education Report, dated February 4, 2013, and placed
48 in member's bill file; Report also printed in House Journal, February 5,
49 2013, page(s) 183-186.
50
51 Amendment No. 2, by Representative(s) Fields.
52
53 Amend the Education Committee Report, dated February 4, 2013, page
54 4, strike lines 14 through 18 and substitute "GENERAL ASSEMBLY THAT
55 THE JUVENILE DETENTION FACILITY AND SCHOOL DISTRICT IN WHICH THE
56 FACILITY IS LOCATED COOPERATE TO ENSURE THAT EACH JUVENILE WHO
1 IS IN DETENTION IS OFFERED EDUCATIONAL SERVICES AT THE GRADE LEVEL
2 IDENTIFIED FOR THE JUVENILE IN A TIME FRAME THAT ALIGNS WITH THE
3 HOURLY REQUIREMENTS FOR ATTENDANCE SPECIFIED IN SECTION
4 22-33-104 (1), C.R.S.".
5
6 Page 4, strike lines 21through 31 and substitute "located, when requested
7 by the judge of the juvenile court, shall furnish teachers and any books or
8 equipment needed for the proper education of such juveniles as may be
9 present in the juvenile detention facility TO PROVIDE EDUCATIONAL
10 SERVICES THAT ALIGN WITH, AND ARE DESIGNED TO ASSIST EACH JUVENILE
11 IN ACHIEVING, THE STATEWIDE MODEL CONTENT STANDARDS ADOPTED
12 PURSUANT TO SECTION 22-7-1005, C.R.S., FOR EACH JUVENILE'S
13 IDENTIFIED GRADE LEVEL. THE SCHOOL DISTRICTS AND THE PERSONNEL AT
14 THE DETENTION FACILITY SHALL COOPERATE TO ENSURE THAT THE
15 EDUCATIONAL SERVICES ARE AVAILABLE TO THE JUVENILES IN THE
16 FACILITY IN A TIME FRAME THAT ALIGNS WITH THE HOURLY
17 REQUIREMENTS FOR ATTENDANCE SPECIFIED IN SECTION 22-33-104 (1),
18 C.R.S.".
19
20
21 As amended, ordered engrossed and placed on the Calendar for Third
22 Reading and Final Passage.
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24