Discriminatory Practices in Public Schools

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0291.02 Conrad Imel x2313 HOUSE BILL 26-1141
House Committees Senate Committees
Education
A BILL FOR AN ACT
CONCERNING CIVIL RIGHTS VIOLATIONS INVOLVING DISCRIMINATORY101
PRACTICES IN PUBLIC SCHOOLS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill makes it a discriminatory education practice and unlawful
for a public school, including a public school that enrolls students in any
of grades kindergarten through 12 or a public institution of higher
education, or employee of a public school or school district to take certain
actions related to access to a public school because of disability, race,
creed, color, sex, sexual orientation, gender identity, gender expression,
HOUSE SPONSORSHIP
Bacon,
SENATE SPONSORSHIP
Kolker and Michaelson Jenet,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
marital status, national origin, or ancestry.
An individual aggrieved by a discriminatory education practice, or
the Colorado civil rights commission, a commissioner, or the attorney
general on their own motion, may file a charge against the public school
(respondent) with the civil rights division (division) in the department of
regulatory agencies. A complainant who files a charge may indicate that
they are interested in early mediation with the respondent. If the
complainant indicates that they are interested in early mediation, the
division shall notify the respondent of the charge and that the complainant
has requested early mediation. If the respondent wants to engage in early
mediation, the division shall facilitate the mediation.
If the charge is not resolved by early mediation, the respondent has
up to 60 days to cure any deficiency in its practices that gave rise to the
charge. If the director determines that the respondent has cured the
deficiency, the director shall dismiss the charge. If the director determines
that the respondent has not cured the deficiency, the director, assisted by
the division's staff, shall investigate the charge. The division's policies
and procedures for investigating and hearing charges of discriminatory or
unfair practices, and judicial review, apply.
The Colorado civil rights commission (commission) shall monitor
a public school's compliance with the terms of a settlement agreement or
commission order.
The division may consult with the department of education on
matters related to the structure, governance, and operation of K-12
education and shall provide the department of education with data about
discriminatory education practice charges filed with the division each
year. The department of education shall employ one or more individuals
to serve as a liaison to the division.
The bill requires each public institution of higher education
(institution) to designate an individual to serve as the Title VI coordinator
for the institution. The Title VI coordinator is responsible for ensuring the
institution's compliance with the requirements of Title VI of the federal
"Civil Rights Act of 1964", enforcing the institution's Title VI grievance
procedures, identifying institutional issues related to Title VI compliance,
and aggregating and making publicly available data about alleged
violations of Title VI at the institution.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 11 to article2
34 of title 24 as follows:3
PART 114
HB26-1141-2-
DISCRIMINATION IN PUBLIC SCHOOLS1
24-34-1101. Definitions.2
AS USED IN THIS PART 11, UNLESS THE CONTEXT OTHERWISE3
REQUIRES:4
(1) "COMPLAINANT" MEANS A PERSON WHO HAS FILED A CHARGE5
WITH THE DIVISION PURSUANT TO THIS PART 11 ALLEGING A6
DISCRIMINATORY EDUCATION PRACTICE.7
(2) "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR THE8
DIRECTOR'S DESIGNEE.9
(3) "EMPLOYEE" MEANS AN EMPLOYEE OF A PUBLIC SCHOOL OR A10
SCHOOL DISTRICT.11
(4) "HARASS" OR "HARASSMENT" MEANS TO ENGAGE IN, OR THE12
ACT OF ENGAGING IN, ANY UNWELCOME PHYSICAL OR VERBAL CONDUCT13
OR ANY WRITTEN, PICTORIAL, OR VISUAL COMMUNICATION BY A STUDENT14
OR EMPLOYEE THAT IS DIRECTED AT A STUDENT OR GROUP OF STUDENTS15
BECAUSE OF THAT STUDENT'S OR GROUP'S MEMBERSHIP IN, OR PERCEIVED16
MEMBERSHIP IN, A PROTECTED CLASS BASED ON DISABILITY, RACE, CREED,17
COLOR, SEX , SEXUAL ORIENTATION , GENDER IDENTITY , GENDER18
EXPRESSION, FAMILY COMPOSITION, RELIGION, AGE, NATIONAL ORIGIN, OR19
ANCESTRY, WHICH CONDUCT OR COMMUNICATION IS OBJECTIVELY20
OFFENSIVE TO A REASONABLE INDIVIDUAL WHO IS A MEMBER OF THE SAME21
PROTECTED CLASS . THE CONDUCT OR COMMUNICATION NEED NOT BE22
SEVERE OR PERVASIVE TO CONSTITUTE HARASSMENT.23
(5) "PUBLIC SCHOOL" MEANS:24
(a) A N ELEMENTARY SCHOOL , MIDDLE SCHOOL , JUNIOR HIGH25
SCHOOL, HIGH SCHOOL , OR DISTRICT CHARTER SCHOOL OF A SCHOOL26
DISTRICT THAT ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN27
HB26-1141-3-
THROUGH TWELVE OR A CHARTER SCHOOL INSTITUTE CHARTER SCHOOL1
THAT ENROLLS STUDENTS IN ANY OF GRADES KINDERGARTEN THROUGH2
TWELVE; OR3
(b) A STATE INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN4
SECTION 23-18-102 (10)(a); A LOCAL DISTRICT COLLEGE, AS DEFINED IN5
SECTION 23-71-102; OR AN AREA TECHNICAL COLLEGE , AS DEFINED IN6
SECTION 23-60-103.7
(6) "RESPONDENT" MEANS A PUBLIC SCHOOL AGAINST WHICH A8
CHARGE IS FILED PURSUANT TO THIS PART 11.9
24-34-1102. Discriminatory education practice - retaliation10
prohibited.11
(1) IT IS A DISCRIMINATORY EDUCATION PRACTICE AND UNLAWFUL12
FOR A PUBLIC SCHOOL OR AN EMPLOYEE OF A PUBLIC SCHOOL TO:13
(a) DIRECTLY OR INDIRECTLY REFUSE, WITHHOLD FROM, OR DENY14
TO AN INDIVIDUAL OR A GROUP OF INDIVIDUALS, BECAUSE OF DISABILITY,15
RACE, CREED , COLOR , SEX , SEXUAL ORIENTATION , GENDER IDENTITY ,16
GENDER EXPRESSION, MARITAL STATUS , NATIONAL ORIGIN, OR ANCESTRY,17
THE FULL AND EQUAL ENJOYMENT OF THE SERVICES , FACILITIES ,18
PRIVILEGES, ADVANTAGES, OR ACCOMMODATIONS OF A PUBLIC SCHOOL;19
(b) D IRECTLY OR INDIRECTLY PUBLISH , CIRCULATE , ISSUE ,20
DISPLAY, POST , OR MAIL A WRITTEN , ELECTRONIC , OR PRINTED21
COMMUNICATION, NOTICE, OR ADVERTISEMENT THAT INDICATES THAT THE22
FULL AND EQUAL ENJOYMENT OF THE SERVICES, FACILITIES, PRIVILEGES,23
ADVANTAGES, OR ACCOMMODATIONS OF A PUBLIC SCHOOL WILL BE24
REFUSED, WITHHELD FROM, OR DENIED TO AN INDIVIDUAL OR GROUP OF25
INDIVIDUALS OR THAT AN INDIVIDUAL 'S OR GROUP 'S PATRONAGE OR26
PRESENCE AT A PUBLIC SCHOOL IS UNWELCOME , OBJECTIONABLE ,27
HB26-1141-4-
UNACCEPTABLE, OR UNDESIRABLE BECAUSE OF DISABILITY, RACE, CREED,1
COLOR, SEX , SEXUAL ORIENTATION , GENDER IDENTITY , GENDER2
EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, OR ANCESTRY;3
(c) C ARRY OUT A DECISION OR POLICY THAT HAS A4
DISPROPORTIONATELY ADVERSE EFFECT ON A STUDENT OR GROUP5
BECAUSE OF THAT STUDENT'S OR GROUP'S MEMBERSHIP IN, OR PERCEIVED6
MEMBERSHIP IN, A PROTECTED CLASS LISTED IN SUBSECTION (1)(a) OF THIS7
SECTION;8
(d) FAIL TO ADEQUATELY RESPOND TO INSTANCES OF HARASSMENT9
THAT OCCUR AT THE PUBLIC SCHOOL; OR10
(e) D ISCRIMINATE AGAINST AN INDIVIDUAL OR A GROUP OF11
INDIVIDUALS BECAUSE THE INDIVIDUAL OR GROUP OPPOSED A PRACTICE12
MADE A DISCRIMINATORY EDUCATION PRACTICE BY THIS PART 11, OR13
BECAUSE THE INDIVIDUAL OR GROUP MADE A CHARGE , TESTIFIED ,14
ASSISTED, OR PARTICIPATED IN ANY MANNER IN AN INVESTIGATION ,15
PROCEEDING, OR HEARING BASED ON AN ALLEGED VIOLATION OF THIS PART16
11.17
(2) CONDUCT DESCRIBED IN SUBSECTIONS (1)(a) TO (1)(c) OF THIS18
SECTION THAT IS BASED ON DISABILITY IS GOVERNED BY SECTION19
24-34-802.20
24-34-1103. Charge discriminatory education practice -21
limitation on time to file - early mediation - process.22
(1) Charge.23
(a) (I) A N INDIVIDUAL AGGRIEVED BY A VIOLATION OF SECTION24
24-34-1102 MAY FILE A CHARGE AGAINST THE PUBLIC SC HOOL, IN25
WRITING, WITH THE DIVISION ALLEGING A DISCRIMINATORY EDUCATION26
PRACTICE. THE INDIVIDUAL MUST FILE THE CHARGE WITH THE DIVISION27
HB26-1141-5-
WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE ALLEGED1
DISCRIMINATORY EDUCATION PRACTICE OCCURRED . IF THE ALLEGED2
DISCRIMINATORY EDUCATION PRACTICE IS PART OF A SERIES OF ACTS, THE3
ONE-HUNDRED-EIGHTY-DAY PERIOD BEGINS WHEN THE LAST ACT IN THE4
SERIES OF ACTS IS COMMITTED.5
(II) T HE DIVISION MAY WAIVE THE ONE -HUNDRED-EIGHTY-DAY6
DEADLINE TO FILE A CHARGE IF:7
(A) THE COMPLAINANT COULD NOT REASONABLY BE EXPECTED TO8
KNOW WITHIN THE ONE-HUNDRED-EIGHTY-DAY PERIOD THAT THE ACT WAS9
DISCRIMINATORY AND THE COMPLAINANT FILED THE CHARGE WITHIN10
SIXTY DAYS AFTER THE COMPLAINANT COULD REASONABLY HAVE BECOME11
AWARE OF THE ALLEGED DISCRIMINATORY EDUCATION PRACTICE. FOR THE12
PURPOSES OF THIS SUBSECTION (1)(a)(II)(A), A COMPLAINANT'S LACK OF13
PREVIOUS AWARENESS OF THE DIVISION OR THE PROVISIONS OF THE14
"COLORADO ANTI-DISCRIMINATION ACT" IS NOT A BASIS FOR A WAIVER.15
(B) THE COMPLAINANT FILED A COMPLAINT ALLEGING THE SAME16
OR SIMILAR ALLEGATION BASED ON THE SAME OPERATIVE FACTS WITHIN17
THE ONE-HUNDRED-EIGHTY-DAY PERIOD WITH ANOTHER FEDERAL, STATE,18
OR LOCAL CIVIL RIGHTS ENFORCEMENT AGENCY OR FEDERAL OR STATE19
COURT AND FILED A CHARGE WITH THE DIVISION WITHIN SIXTY DAYS20
AFTER THE OTHER AGENCY HAD COMPLETED ITS INVESTIGATION OR, IN THE21
CASE OF A COURT, THE CASE IS CONCLUDED WITHOUT A DECISION ON THE22
MERITS OR SETTLEMENT OF THE COMPLAINT ALLEGATIONS . FOR THE23
PURPOSES OF THIS SUBSECTION (1)(a)(II)(B), A COURT DISMISSING AN24
ACTION WITH PREJUDICE IS A DECISION ON THE MERITS.25
(C) THE COMPLAINANT WAS UNABLE TO FILE A CHARGE WITHIN26
THE ONE-HUNDRED-EIGHTY-DAY PERIOD BECAUSE OF THE COMPLAINANT'S27
HB26-1141-6-
INCAPACITATING ILLNESS OR OTHER INCAPACITATING CIRCUMSTANCES1
DURING THE PERIOD AND THE CHARGE IS FILED WITHIN SIXTY DAYS AFTER2
THE PERIOD OF INCAPACITATION ENDED; OR3
(D) UNIQUE CIRCUMSTANCES GENERATED BY THE COMMISSION'S4
OR THE DIVISION'S ACTION HAVE ADVERSELY AFFECTED THE COMPLAINANT5
AND THE CHARGE IS FILED IN ACCORDANCE WITH A DEADLINE6
ESTABLISHED BY THE DIVISION.7
(III) A CHARGE IS BARRED IF IT IS NOT TIMELY FILED WITH THE8
DIVISION IN ACCORDANCE WITH THIS SUBSECTION (1)(a).9
(b) T HE COMMISSION , A COMMISSIONER , OR THE ATTORNEY10
GENERAL ON THEIR OWN MOTION MAY MAKE , SIGN, AND FILE A CHARGE11
ALLEGING A DISCRIMINATORY EDUCATION PRACTICE IN CASES WHERE THE12
COMMISSION, A COMMISSIONER, OR THE ATTORNEY GENERAL DETERMINES13
THAT THE ALLEGED DISCRIMINATORY EDUCATION PRACTICE IMPOSES A14
SIGNIFICANT SOCIETAL OR COMMUNITY IMPACT.15
(2) Early mediation.16
(a) A COMPLAINANT WHO FILES A CHARGE PURSUANT TO THIS17
SECTION MAY INDICATE THAT THEY ARE INTERESTED IN EARLY MEDIATION18
WITH THE RESPONDENT. IF THE COMPLAINANT INDICATES THAT THEY ARE19
INTERESTED IN EARLY MEDIATION , THE DEADLINES DESCRIBED IN THIS20
SECTION AND IN PART 3 OF THIS ARTICLE 34, IF APPLICABLE, ARE TOLLED21
WHILE THE COMPLAINANT AWAITS A RESPONSE FROM THE RESPONDENT22
PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION AND DURING EARLY23
MEDIATION.24
(b) IF THE COMPLAINANT INDICATES THAT THEY ARE INTERESTED25
IN EARLY MEDIATION , THE DIVISION SHALL , UPON DETERMINING IT HAS26
JURISDICTION OVER THE CLAIM, NOTIFY THE RESPONDENT OF THE CHARGE27
HB26-1141-7-
AND THAT THE COMPLAINANT HAS REQUESTED EARLY MEDIATION. WITHIN1
SEVEN DAYS AFTER RECEIPT OF THE NOTIFICATION , THE RESPONDENT2
SHALL INFORM THE DIVISION WHETHER IT WANTS TO ENGAGE IN EARLY3
MEDIATION.4
(c) IF THE RESPONDENT WANTS TO ENGAGE IN EARLY MEDIATION,5
THE DIVISION SHALL FACILITATE THE MEDIATION.6
(3) Opportunity to cure.7
(a) U PON RECEIVING NOTICE OF A CHARGE FILED AGAINST IT , A8
RESPONDENT HAS UP TO SIXTY DAYS TO MAKE A GOOD FAITH EFFORT TO9
COMPLETE AN INVESTIGATION AND CURE THE DEFICIENCY IN ITS10
PRACTICES THAT GAVE RISE TO THE CHARGE. NO LATER THAN SIXTY DAYS11
AFTER RECEIVING THE NOTICE OF THE CHARGE, THE PUBLIC SCHOOL SHALL12
REPORT TO THE DIVISION WHETHER IT HAS CURED THE DEFICIENCY . THE13
REPORT MUST DESCRIBE THE SPECIFIC ACTIONS THE RESPONDENT HAS14
TAKEN TO CURE THE DEFICIENCY.15
(b) I F THE DIRECTOR DETERMINES THAT THE RESPONDENT HAS16
CURED THE DEFICIENCY, THE DIRECTOR SHALL DISMISS THE CHARGE.17
(c) IF THE DIRECTOR DETERMINES THAT THE RESPONDENT HAS NOT18
CURED THE DEFICIENCY, THE DIRECTOR SHALL INVESTIGATE THE CHARGE19
PURSUANT TO SUBSECTION (4) OF THIS SECTION.20
(4) Investigation and procedures. IF THE RESPONDENT DOES NOT21
CURE THE DEFICIENCY , THE DIRECTOR , WITH THE ASSISTANCE OF THE22
DIVISION'S STAFF, SHALL PROMPTLY INVESTIGATE THE ALLEGATIONS IN23
THE COMPLAINT PURSUANT TO SECTION 24-34-306 (2), AND THE24
PROCESSES AND PROCEDURES DESCRIBED IN SECTIONS 24-34-306 TO25
24-34-309, EXCEPT FOR SECTION 24-34-306 (1), APPLY TO THE CHARGE.26
(5) Liability. THE DAMAGES AND OTHER RELIEF AUTHORIZED IN27
HB26-1141-8-
SECTION 24-34-602, INCLUDING ATTORNEY FEES AND COSTS, APPLY TO A1
CLAIM BROUGHT PURSUANT TO THIS PART 11.2
24-34-1104. Monitoring by commission.3
(1) I F THE MATTER IS SETTLED BY MEDIATION AND THE4
SETTLEMENT REQUIRES THE RESPONDENT TO IMPLEMENT A REMEDIATION5
PLAN, THE COMMISSION SHALL MONITOR THE RESPONDENT'S COMPLIANCE6
WITH THE PLAN.7
(2) IF THE COMMISSION ISSUES AN ORDER PURSUANT TO SECTION8
24-34-306 (9) REQUIRING THE RESPONDENT TO CEASE AND DESIST FROM9
THE DISCRIMINATORY EDUCATION PRACTICE , THE COMMISSION SHALL10
MONITOR THE RESPONDENT'S COMPLIANCE WITH THE ORDER.11
(3) T HE COMMISSION MAY , AND THE GENERAL ASSEMBLY12
ENCOURAGES THE COMMISSION TO, CONSULT WITH THE DEPARTMENT OF13
EDUCATION WHEN MONITORING A PUBLIC SCHOOL'S COMPLIANCE WITH A14
PLAN OR ORDER, AND THE DEPARTMENT OF EDUCATION MAY WORK WITH15
THE COMMISSION UPON THE COMMISSION 'S REQUEST. THE COMMISSION16
AND THE DEPARTMENT OF EDUCATION MAY ENTER INTO AN AGREEMENT17
TO CARRY OUT THIS SUBSECTION (3).18
24-34-1105. Consultation with department of education - data19
sharing.20
(1) T HE DIVISION MAY CONSULT WITH THE DEPARTMENT OF21
EDUCATION IN ACCORDANCE WITH SECTION 22-2-151.22
(2) THE DIVISION SHALL PROVIDE THE DEPARTMENT OF EDUCATION23
WITH DATA ABOUT DISCRIMINATORY EDUCATION PRACTICE CHARGES24
FILED WITH THE DIVISION EACH YEAR. THE DIVISION SHALL PROVIDE THE25
DATA AS AGGREGATE DATA AND SHALL NOT INCLUDE ANY PERSONALLY26
IDENTIFYING INFORMATION ABOUT A COMPLAINANT.27
HB26-1141-9-
(3) T HIS SECTION DOES NOT AUTHORIZE OR REQUIRE THE1
COMMISSION OR DIVISION TO PROVIDE INFORMATION TO THE DEPARTMENT2
OF EDUCATION THAT IS CONFIDENTIAL PURSUANT TO A FEDERAL, STATE,3
OR LOCAL LAW OR UNDER ANY PRIVILEGE THAT MAY BE LAWFULLY4
ASSERTED BY A COMPLAINANT , RESPONDENT , OR WITNESS , OR THE5
COMMISSION OR DIVISION.6
SECTION 2. In Colorado Revised Statutes, 24-34-301, amend7
the introductory portion as follows:8
24-34-301. Definitions.9
As used in parts 3 to 10 TO 11 of this article 34, unless the context10
otherwise requires:11
SECTION 3. In Colorado Revised Statutes, 24-34-305, amend12
(1)(a), (1)(e), (1)(i), (1)(i.5), (3), and (4) as follows:13
24-34-305. Powers and duties of commission.14
(1) The commission has the following powers and duties:15
(a) To adopt, publish, amend, and rescind rules, in accordance16
with the provisions of section 24-4-103, that are consistent with and for17
the implementation of parts 3 to 7 AND PART 11 of this article ARTICLE 34.18
All rules adopted or amended are subject to sections 24-4-103 (8)(c) and19
(8)(d) and 24-34-104 (6)(b).20
(e) To issue such publications and reports of investigations and21
research as in its judgment will tend to promote goodwill among the22
various racial, religious, age, and ethnic groups of the state and which23
will tend to THAT WILL minimize or eliminate discriminatory or unfair24
practices as specified by parts 3 to 7 AND PART 11 of this article ARTICLE25
34. Publications of the commission circulated in quantity outside the26
executive branch shall MUST be issued in accordance with the provisions27
HB26-1141-10-
of section 24-1-136.1
(i) To cooperate, within the limits of any appropriations made for2
its operation, with other agencies or organizations, both public and3
private, whose purposes are consistent with those of parts 3 to 7 AND4
PART 11 of this article ARTICLE 34, in the planning and conducting of5
educational programs designed to eliminate racial, religious, cultural, age,6
and intergroup tensions;7
(i.5) To intervene in racial, religious, cultural, age, and intergroup8
tensions or conflicts for the purpose of informal mediation using9
alternative dispute resolution techniques. Such intervention may be made10
in cooperation with other agencies or organizations, both public and11
private, whose purposes are consistent with those of parts 3 to 7 AND12
PART 11 of this article ARTICLE 34.13
(3) In exercising the powers and performing the duties and14
functions under PURSUANT TO parts 3 to 7 AND PART 11 of this article15
ARTICLE 34, the commission, the division, and the director shall presume16
that the conduct of any respondent is not unfair or discriminatory until17
proven otherwise.18
(4) Whether by rule, regulation, or other action or whether as a19
remedy for violation of any provision of parts 3 to 7 AND PART 11 of this20
article ARTICLE 34 or otherwise, the commission shall not prescribe or21
require the implementation of a quota system.22
SECTION 4. In Colorado Revised Statutes, 24-34-306, amend23
(9), (12), and (13); and add (1)(a)(III) as follows:24
24-34-306. Charge - complaint - hearing - procedure -25
exhaustion of administrative remedies.26
(1) (a) (III) THE DIVISION SHALL INCLUDE ON A CHARGE FORM OR27
HB26-1141-11-
CHARGE INTAKE MECHANISM AN OPTION TO SELECT "SCHOOL" AS A1
LOCATION WHERE A DISCRIMINATORY OR UNFAIR PRACTICE THAT IS THE2
SUBJECT OF THE CHARGE OCCURRED.3
(9) If, upon all the evidence at a hearing, there is a statement of4
findings and conclusions in accordance with section 24-4-105, together5
with a statement of reasons for such THE conclusions, showing that a6
respondent has engaged in or is engaging in any A discriminatory or7
unfair practice as defined in parts 4 to 7 AND PART 11 of this article8
ARTICLE 34, the commission shall issue and cause to be served upon the9
respondent an order requiring such THE respondent to cease and desist10
from such THE discriminatory or unfair practice and to take such action11
as it may order in accordance with the provisions of parts 4 to 7 AND PART12
11 of this article ARTICLE 34.13
(12) The division shall maintain a central file of decisions14
rendered under parts 3 to 7 AND PART 11 of this article ARTICLE 34, and15
such THE file shall MUST be open to the public for inspection during16
regular business hours.17
(13) Any A member of the commission and any A person18
participating in good faith in the making of a complaint or a report or in19
any AN investigative or administrative proceeding authorized by parts 320
to 7 AND PART 11 of this article shall be ARTICLE 34 IS immune from21
liability in any A civil action brought against him THEM for acts occurring22
while acting in his THEIR capacity as a commission member or participant,23
respectively, if such THE individual was acting in good faith within the24
scope of his THEIR respective capacity, made a reasonable effort to obtain25
the facts of the matter as to ON which he THEY acted, and acted in the26
reasonable belief that the action taken by him THEM was warranted by the27
HB26-1141-12-
facts.1
SECTION 5. In Colorado Revised Statutes, add 24-34-606 as2
follows:3
24-34-606. Applicability of part - discriminatory education4
practices.5
EXCEPT AS OTHERWISE PROVIDED IN PART 11 OF THIS ARTICLE 34,6
THIS PART 6 DOES NOT APPLY TO A CLAIM THAT CONSTITUTES A7
DISCRIMINATORY EDUCATION PRACTICE BY A PUBLIC SCHOOL THAT IS8
SUBJECT TO PART 11 OF THIS ARTICLE 34.9
SECTION 6. In Colorado Revised Statutes, 24-34-802, amend10
(1)(a) as follows:11
24-34-802. Violations - penalties - immunity - repeal.12
(1) (a) It is a discriminatory practice and unlawful for any A13
person, as defined in section 24-34- 301, to discriminate against an14
individual or group of individuals because the person has opposed any A15
practice made a discriminatory practice based on disability pursuant to16
part 5, 6, or 8, OR 11 of this article 34, or because the person has made a17
charge, testified, assisted, or participated in any manner in an18
investigation, proceeding, or hearing conducted pursuant to part 5, 6, or19
8, OR 11 of this article 34.20
SECTION 7. In Colorado Revised Statutes, add 22-2-151 as21
follows:22
22-2-151. Department liaison to Colorado civil rights division23
- duties - definitions.24
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE25
REQUIRES:26
(a) "CIVIL RIGHTS DIVISION" OR "DIVISION" MEANS THE COLORADO27
HB26-1141-13-
CIVIL RIGHTS DIVISION CREATED IN SECTION 24-34-302.1
(b) "LIAISON" MEANS THE LIAISON TO THE CIVIL RIGHTS DIVISION2
EMPLOYED BY THE DEPARTMENT, AS DESCRIBED IN SUBSECTION (2) OF THIS3
SECTION.4
(2) THE DEPARTMENT SHALL EMPLOY ONE OR MORE INDIVIDUALS5
TO SERVE AS A LIAISON TO THE COLORADO CIVIL RIGHTS DIVISION FOR THE6
PURPOSE OF PROVIDING THE DIVISION WITH TECHNICAL ASSISTANCE7
REGARDING THE STRUCTURE , GOVERNANCE , AND OPERATION OF8
KINDERGARTEN THROUGH TWELFTH GRADE PUBLIC EDUCATION IN THE9
STATE. THE LIAISON RELATIONSHIP SUPPORTS THE CIVIL RIGHTS DIVISION'S10
GENERAL UNDERSTANDING OF EDUCATIONAL SYSTEMS AND DOES NOT11
EXPAND OR MODIFY THE STATUTORY AUTHORITY OF THE DEPARTMENT OR12
THE DIVISION.13
(3) THE LIAISON SHALL:14
(a) PROVIDE TO THE CIVIL RIGHTS DIVISION GENERAL INFORMATION15
REGARDING PUBLIC SCHOOL GOVERNANCE STRUCTURES, SCHOOL DISTRICT16
AND BOARD OF COOPERATIVE SERVICES OPERATIONS, EDUCATION FUNDING17
MECHANISMS, AND APPLICABLE STATE AND FEDERAL REPORTING18
REQUIREMENTS;19
(b) PROVIDE TO THE CIVIL RIGHTS DIVISION TECHNICAL GUIDANCE20
ON BEST PRACTICES FOR ENGAGING WITH SC HOOL DISTRICTS, LICENSED21
PERSONNEL, STUDENTS , AND FAMILIES IN A MANNER CONSISTENT WITH22
EDUCATIONAL NORMS AND STANDARDS. NOTWITHSTANDING SUBSECTION23
(5)(a) OF THIS SECTION , IN ORDER FOR THE DEPARTMENT TO TAILOR24
GUIDANCE AND BEST PRACTICES , THE CIVIL RIGHTS DIVISION SHALL ,25
PURSUANT TO SECTION 24-34-1105, PROVIDE THE DEPARTMENT WITH DATA26
ABOUT DISCRIMINATORY EDUCATION PRACTICE CHARGES FILED WITH THE27
HB26-1141-14-
DIVISION.1
(c) R EFER STUDENTS , FAMILIES, OR OTHER INDIVIDUALS TO THE2
CIVIL RIGHTS DIVISION WHEN THE DEPARTMENT DETERMINES THAT A3
CONCERN RAISED MAY FALL WITHIN THE JURISDICTION OF THE DIVISION .4
THE REFERRALS MAY INCLUDE FACILITATING AN INTRODUCTION OR5
TRANSFER OF CONTACT INFORMATION TO SUPPORT ACCESS TO THE6
DIVISION'S COMPLAINT OR INTAKE PROCESSES.7
(4) THE DEPARTMENT AND LIAISON SHALL NOT:8
(a) EXERCISE SUPERVISORY, INVESTIGATORY, OR DECISION-MAKING9
AUTHORITY OVER THE CIVIL RIGHTS DIVISION;10
(b) PARTICIPATE IN, REVIEW, INFLUENCE, OR APPROVE INDIVIDUAL11
COMPLAINTS INVESTIGATED BY; CASE FILES, INVESTIGATIONS, OR FINDINGS12
OF; OR ENFORCEMENT ACTIONS CONDUCTED BY , THE CIVIL RIGHTS13
DIVISION; OR14
(c) A CT AS AN APPELLATE BODY , REVIEWER , OR SECONDARY15
DECISION-MAKER WITH RESPECT TO DETERMINATIONS MADE BY THE CIVIL16
RIGHTS DIVISION.17
(5) (a) T HE LIAISON SHALL NOT SERVE AS A CUSTODIAN OF18
RECORDS FOR THE CIVIL RIGHTS DIVISION . WHEN SHARING STUDENT OR19
EDUCATOR DATA , THE DEPARTMENT , LIAISON , AND DIVISION SHALL20
COMPLY WITH THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY21
ACT OF 1974", 20 U.S.C. SEC. 1232g, AND APPLICABLE STATE LAW.22
(b) T HE DEPARTMENT 'S ROLE AS DESCRIBED IN THIS SECTION IS23
ADVISORY ONLY . THIS SECTION DOES NOT CREATE LIABILITY FOR THE24
DEPARTMENT FOR THE ACTS OR OMISSIONS OF THE CIVIL RIGHTS DIVISION,25
INCLUDING THE CONDUCT , OUTCOME , OR RESOLUTION OF ANY26
INVESTIGATION OR ENFORCEMENT ACTION.27
HB26-1141-15-
SECTION 8. In Colorado Revised Statutes, add 23-5-151 as1
follows:2
23-5-151. Title VI compliance - coordinator required -3
definitions.4
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE5
REQUIRES:6
(a) "INSTITUTION OF HIGHER EDUCATION" OR "INSTITUTION" MEANS7
A STATE INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN SECTION8
23-18-102 (10)(a); A LOCAL DISTRICT COLLEGE , AS DEFINED IN SECTION9
23-71-102; OR AN AREA TECHNICAL COLLEGE , AS DEFINED IN SECTION10
23-60-103.11
(b) "TITLE VI" MEANS TITLE VI OF THE FEDERAL "CIVIL RIGHTS12
ACT OF 1964", 42 U.S.C. SEC. 2000d ET SEQ.13
(2) EACH INSTITUTION OF HIGHER EDUCATION SHALL ESTABLISH14
GRIEVANCE PROCEDURES FOR A PERSON TO FILE A COMPLAINT ALLEGING15
A VIOLATION OF TITLE VI. THE INSTITUTION SHALL MAKE THE GRIEVANCE16
PROCEDURES AVAILABLE ON A PUBLICLY ACCESSIBLE PAGE OF THE17
INSTITUTION'S WEBSITE AND, AT LEAST ANNUALLY, INFORM STUDENTS AND18
EMPLOYEES OF THE EXISTENCE OF THE GRIEVANCE PROCEDURES.19
(3) (a) E ACH INSTITUTION OF HIGHER EDUCATION SHALL20
DESIGNATE AN INDIVIDUAL TO SERVE AS THE TITLE VI COORDINATOR FOR21
THE INSTITUTION.22
(b) E ACH INSTITUTION SHALL DETERMINE THE TITLE VI23
COORDINATOR'S SPECIFIC DUTIES AND RESPONSIBILITIES , WHICH MUST24
INCLUDE THAT THE TITLE VI COORDINATOR IS RESPONSIBLE FOR:25
(I) E NSURING THE INSTITUTION 'S COMPLIANCE WITH THE26
REQUIREMENTS OF TITLE VI, INCLUDING RESPONDING TO COMPLAINTS OF27
HB26-1141-16-
DISCRIMINATION, INCLUDING ALLEGATIONS OF HARASSMENT;1
(II) R ESPONDING TO ALLEGATIONS OF HARASSMENT AND2
DISCRIMINATION THAT HAVE A DISPARATE IMPACT;3
(III) E NFORCING THE INSTITUTION 'S TITLE VI GRIEVANCE4
PROCEDURES, INCLUDING REVIEWING COMPLAINTS FILED UNDER THE5
PROCEDURES;6
(IV) TRACKING COMPLAINTS TO IDENTIFY INSTITUTIONAL ISSUES7
RELATED TO TITLE VI COMPLIANCE; AND8
(V) AGGREGATING DATA ABOUT ALLEGED VIOLATIONS OF TITLE VI9
AT THE INSTITUTION AND MAKING THE DATA PUBLICLY AVAILABLE . THE10
DATA MUST NOT INCLUDE PERSONALLY IDENTIFYING INFORMATION ABOUT11
A PERSON.12
(4) THE TITLE VI COORDINATOR SHALL PROVIDE TRAINING TO THE13
INSTITUTION'S EMPLOYEES ABOUT TITLE VI COMPLIANCE.14
SECTION 9. Act subject to petition - effective date -15
applicability. (1) This act takes effect at 12:01 a.m. on the day following16
the expiration of the ninety-day period after final adjournment of the17
general assembly (August 12, 2026, if adjournment sine die is on May 13,18
2026); except that, if a referendum petition is filed pursuant to section 119
(3) of article V of the state constitution against this act or an item, section,20
or part of this act within such period, then the act, item, section, or part21
will not take effect unless approved by the people at the general election22
to be held in November 2026 and, in such case, will take effect on the date23
of the official declaration of the vote thereon by the governor.24
(2) This act applies to discriminatory education practices25
committed on or after the applicable effective date of this act.26
HB26-1141-17-