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Colorado Rights Blog

SB21-182: School Discipline

Bill Number: SB21-182
Year: 2021
ACLU Position: Support
Sponsors: L. Herod/J. Buckner (D)

Description:

The bill requires the state board of education to promulgate rules
to standardize the reporting method for school districts and charter
schools to report disproportionate discipline data to the department of
education (department) and the federal department of education’s biennial
survey.

The bill requires each school district and institute charter school
to disaggregate reports of conduct and discipline violations by race,
ethnicity, gender, status as a student with a disability, and socioeconomic
status to the maximum extent possible in compliance with the federal
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec.
1232g.

The bill also requires each school district and institute charter
school to report the specific action taken in response to each discipline
violation.

The bill prohibits law enforcement officers from arresting students,
or issuing a summons, ticket, or notice requiring the appearance of a
student in court or at a police station for certain offenses and conduct.
The bill also prohibits a school resource officer or law enforcement
officer acting in their official capacity from handcuffing an elementary
school student.

The bill requires school districts and institute charter schools to
adopt policies for selecting school resource officers if the school district
or institute charter school elects to contract for one or more school
resource officers. The bill requires each school district or institute charter
school and the employing law enforcement agency to jointly create an
evaluation process for school resource officers. Each school district or
institute charter school and employing law enforcement agency shall enter
into a memorandum of understanding to address issues such as strategies,
procedures, and practices that minimize student exposure to the criminal
and juvenile justice system; prioritization of strategies for enhancing
student learning, safety, and well-being; and creation of a sustainable and
successful balance between education and protecting students, teachers,
and the school.

The bill requires each school district board of education and each
institute charter school to adopt a policy to report and address
disproportionate disciplinary practices in public schools. Each school
district and institute charter school shall develop, implement, and
annually review improvement plans to address disproportionate discipline
practices by race, ethnicity, gender, status as a student with a disability,
and socioeconomic status based on the policy and disciplinary data
reported to the department under the safe school reporting requirements.
In implementing an improvement plan to address disproportionate
discipline practices, each school district and institute charter school shall
provide to the parents of the students enrolled in the school written notice
of the improvement plan and issues identified by the department 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 and a public hearing.

The bill requires school districts and institute charter schools to address chronic absenteeism and disproportionate disciplinary practices
in order to provide support to students who are identified as at risk of
chronic absenteeism and disciplinary actions, including classroom
removal, suspension, and expulsion.

The bill amends the expelled and at-risk student services grant program to focus on services for students identified as at risk of dropping out of school due to chronic absenteeism and disciplinary actions.


Current Status:

Senate Committee on Education Postpone Indefinitely (04/07/2021)



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