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HOUSE BILL 26-1141
BY REPRESENTATIVE(S) Bacon, Boesenecker, Carter, Froelich,
Goldstein, Hamrick, Jackson, Lieder, Lindsay, McCormick, Nguyen,
Phillips, Rutinel, Rydin, Story, Zokaie, Brown, English, Sirota, Titone,
McCluskie;
also SENATOR(S) Kolker and Marchman, Benavidez, Cutter, Danielson,
Exum, Gonzales J., Jodeh, Kipp, Mullica, Wallace, Coleman.
CONCERNING CIVIL RIGHTS VIOLATIONS INVOLVING DISCRIMINATORY
PRACTICES IN PUBLIC SCHOOLS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-34-601, add (2)(c)
as follows:
24-34-601. Discrimination in places of public accommodation.
(2) ( c) (I) AN EDUCATIONAL INSTITUTION, INCLUDING AN
ELEMENTARY OR SECONDARY SCHOOL AND AN INSTITUTION OF HIGHER
EDUCATION, DENIES A PERSON THE FULL AND EQUAL ENJOYMENT OF A PLACE
OF PUBLIC ACCOMMODATION WHEN THE EDUCATIONAL INSTITUTION:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(A) ON THE BASIS OF ONE OR MORE OF THE PROTECTED CLASSES
DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION, EXCLUDES A STUDENT
FROM PARTICIPATION IN, DENIES A STUDENT THE BENEFITS OF, OR
OTHERWISE SUBJECTS A STUDENT TO DISCRIMINATION IN ANY OF THE
EDUCATIONAL INSTITUTION'S PROGRAMS OR ACTIVITIES;
(B) WITHOUT A LEGITIMATE, NONDISCRIMINATORY,
NONPRETEXTUAL BASIS, AND BASED ON ONE OR MORE OF THE PROTECTED
CLASSES DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION, DENIES
EDUCATIONAL SERVICES, BENEFITS, OR OPPORTUNITIES TO A STUDENT OR
GROUP OF STUDENTS BY TREATING THEM DIFFERENTLY FROM A SIMILARLY
SITUATED STUDENT WHO IS, OR GROUP OF STUDENTS WHO ARE, PART OF A
DIFFERENT SUBGROUP OF STUDENTS WITHIN THE SAME PROTECTED CLASS;
OR
( C) HAS ACTUAL NOTICE THAT A HOSTILE ENVIRONMENT BASED ON
ONEORMOREOFTHEPROTECTEDCLASSESDESCRIBEDINSUBSECTION(2)(a)
OF THIS SECTION EXISTS AT THE EDUCATIONAL INSTITUTION BUT FAILS TO
TAKE PROMPT AND EFFECTIVE STEPS REASONABLY CALCULATED TO
ELIMINATE THE HOSTILE ENVIRONMENT, END THE HARASSMENT THAT GA VE
RISE TO THE HOSTILE ENVIRONMENT, AND PREVENT THE HARASSMENT FROM
RECURRING.
(II) IN INTERPRETING THE STANDARDS IN SUBSECTION (2)(c)(I) OF
THIS SECTION, THE DIVISION AND THE COMMISSION MAY CONSIDER FEDERAL
NONDISCRIMINATION LAW AS PERSUASIVE BUT NONBINDING AUTHORITY.
ST ATE LAW GOVERNS IN THE CASE OF A CONFLICT BETWEEN APPLICABLE
STATE AND FEDERAL LAW.
(III) THE COMMISSION MAY ADOPT RULES SPECIFIC TO COMPLAINTS
OF DISCRIMINATION INVOLVING EDUCATIONAL INSTITUTIONS.
SECTION 2. In Colorado Revised Statutes, 22-1-143, amend
(l)(d)(I) introductory portion as follows:
22-1-143. Harassment or discrimination - policy required -
training and notification -legislative declaration -definitions.
(1) As used in this section, unless the context otherwise requires:
PAGE 2-HOUSE BILL 26-1141
( d) (I) "Harassment or discrimination" means to engage in, or the act
of engaging in, any unwelcome physical or verbal conduct or any written,
pictorial, or visual communication by a student or employee that is directed
at a student or group of students because of that student's or group's
membership in, or perceived membership in, a protected class based on
disability, race, creed, color, sex, sexual orientation, gender identity, gender
expression, family composition, PR EGNANCY, PARENTAL STATUS, religion,
age, national origin, or ancestry, which conduct or communication is
objectively offensive to a reasonable individual who is a member of the
same protected class. The conduct or communication need not be severe or
pervasive to constitute harassment or discrimination and constitutes
harassment or discrimination if:
SECTION 3. In Colorado Revised Statutes, add 23-5-152 as
follows:
23-5-152. Title VI compliance - coordinator required -
definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
( a) "INSTITUTION OF HIGHER EDUCATION" OR "INSTITUTION" MEANS
A STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION
23-18-102 (lO)(a); A LOCAL DISTRICT COLLEGE, AS DEFINED IN SECTION
23-71-102; OR AN AR EA TECHNICAL COLLEGE, AS DEFINED IN SECTION
23-60-103.
(b) "TITLE VI" MEANS TITLE VI OF THE FEDERAL "CIVIL RIGHTS ACT
OF 1964", 42 U.S.C. SEC. 2000d ET SEQ.
(2) EACH INSTITUTION OF HIGHER EDUCATION SHALL ESTABLISH
GRIEVANCE PROCEDURES FOR A PERSON TO FILE A COMPLAINT ALLEGING A
VIOLATION OF TITLE VI. THE INSTITUTION SHALL MAKE THE GRIEVANCE
PROCEDURES AVAILABLE ON A PUBLICLY ACCESSIBLE PAGE OF THE
INSTITUTION'S WEBSITE AND, AT LEAST ANNUALLY, INFORM STUDENTS AND
EMPLOYEES OF THE EXISTENCE OF THE GRIEVANCE PROCEDURES.
(3) (a) EACH INSTITUTION OF HIGHER EDUCATION SHALL DESIGNATE
AN INDIVIDUAL TO SERVE AS THE TITLE VI COORDINATOR FOR THE
PAGE 3-H OUSE BILL 26-1141
INSTITUTION.
(b) EACH INSTITUTION SHALL DETERMINE THE TITLE VI
COO RD INA TOR'S SPECIFIC DUTIES AND RESPONSIBILITIES, WHICH MUST
INCLUDE THAT THE TITLE VI COO RD INA TOR IS RESPONSIBLE FOR:
(I) ENSURING THE INSTITUTION'S COMPLIANCE WITH THE
REQUIREMENTS OF TITLE VI, INCLUDING RESPONDING TO COMPLAINTS OF
DISCRIMINATION AND ALLEGATIONS OF HARASSMENT;
(11) RESPONDING TO ALLEGATIONS OF HARASSMENT AND
DISCRIMINATION THAT HAVE A DISPARATE IMPACT;
(Ill) ENFORCING THE INSTITUTION'S TITLE VI GRIEVANCE
PROCEDURES, INCLUDING REVIEWING COMPLAINTS FILED UNDER THE
PROCEDURES;
(IV) TRACKING COMPLAINTS TO IDENTIFY INSTITUTIONAL ISSUES
RELATED TO TITLE VI COMPLIANCE; AND
(V) AGGREGATING DATA ABOUT ALLEGED VIOLATIONS OF TITLE VI
AT THE INSTITUTION AND MAKING THE DATA PUBLICLY AVAILABLE. THE
DATA MUST NOT INCLUDE PERSONALLY IDENTIFYING INFORMATION ABOUT
A PERSON.
(4) THE TITLE VI COORDINATOR SHALL PROVIDE TRAINING TO THE
INSTITUTION'S EMPLOYEES ABOUT TITLE VI COMPLIANCE.
SECTION 4. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution ~gainst this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
PAGE 4-HOUSE BILL 26-1141
(2) This act applies to discriminatory practices committed on or after
the applicable effective date of this act.
J~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED on
Jared
GOVE
PAGE 5-HOUSE BILL 26-1141
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
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