Special Policy Update

• Full Implementation of Graduation Guidelines
• Compensation for School District Board Members (HB21-1055)
• Gender Identity and Expression Antidiscrimination (HB21-1108)
• Prohibited Sexual Contact by an Educator (SB21-017)
• Military Family Open Enrollment in Public Schools (HB21-1217)
• What to do with an SPU?

To access the sample policies distributed with this Special Policy Update, click here.

Full Implementation of Graduation Guidelines

State law requires each local board of education to establish high school graduation requirements that "meet or exceed any minimum standards or core competencies or skills identified in the state's guidelines for high school graduation requirements. . . ." C.R.S. 22-32-109 (1)(kk)(II).

Since the State Board of Education first approved the Graduation Guidelines Menu of Options in 2015, districts have established local graduation requirements and implementation strategies that are aligned with Graduation Guidelines and that empower students to demonstrate Postsecondary and Workforce Readiness (PWR). Although full implementation of the Graduation Guidelines was originally intended to go into effect for students graduating in the 2020-2021 school year, due to the disruptions caused by the pandemic, the State Board of Education approved flexibility for students graduating in 2021 and allowed local education providers to delay full implementation of the Graduation Guidelines until the 2021-2022 school year.

Accordingly, full implementation of the Graduation Guidelines Menu of Options is now effective for students graduating in the 2021-2022 school year and beyond. This includes:

• 5th, 6th, and 7th-year seniors from Anticipated Year of Graduation (AYG) 2021; and
• All students who have an Anticipated Year of Graduation (AYG) of 2022 or beyond, including 3-year graduates

However, this does not include 6th-year (AYG 2020) or 7th-year (AYG 2019) seniors; these students do not need to meet Graduation Guidelines competencies.

In light of the Graduation Guidelines going into effect for the 2021-2022 school year, CASB has:

• Repealed sample policy IKF that referred to graduation requirements for students who had an Anticipated Year of Graduation of 2018, 2019, 2020, and—if the district delayed full implementation to the 2021-2022 school year—2021;
• Recoded and updated sample policy IKF-2 as IKF; and
• Recoded and updated sample exhibit IKF-2-E as IKF-E.

Districts should ensure that their policies addressing graduation requirements are current and accurately reflect the Graduation Guidelines for the 2021-2022 school year.

Repealed

 
Other resources

• CDE, Graduation Guidelines

Compensation for School District Board Members
(HB21-1055)

HB21-1055 removed the restriction on compensation for a board president or vice-president and allows for the compensation of all board members. Any increase in compensation may not occur during an officer's or member's term in office—the sitting board would be required to set compensation rates for future officers and members by a written resolution adopted by a majority vote of the board in a public meeting. Additionally, all board members, not just officers, may now be reimbursed for necessary expenses in amounts approved by a majority vote of the board.

Any compensation provided to board members must be capped at $150/day for no more than 5 days of service per week, excluding federal and state holidays. Additionally, the board may only receive compensation for days when official board duties—meaning board meetings and other official activities and duties, including those that are conducted with a majority of the board present—are performed.

There are several factors—including PERA membership, tax implications, and the ability to decline payment—that boards should take into account when considering authorizing board member compensation. CASB’s School District Board Member Compensation Overview & FAQ provides additional information. 

Other resources

• School Board Member Compensation Overview & FAQ 
• CASB sample Resolution Establishing Board Member Compensation (Word)

Gender Identity and Expression Antidiscrimination (HB21-1108)

HB21-1108 modified the definition of "sexual orientation" to no longer include "transgender status," and adds the terms "gender expression" and "gender identity" to statutes prohibiting discrimination against members of a protected class.

This bill was intended to address and correct the concerns that arose with previous statute inaccurately defining “sexual orientation” as meaning “an individual's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another individual’s perception thereof.” Sexual orientation, gender identity, and gender expression are now separately defined and discrimination based on sexual orientation, gender identity, or gender expression is prohibited under state law.

The following sample policies containing nondiscrimination statements have been updated to reflect the added protected classes and definitions:

Prohibited Sexual Contact by an Educator (SB21-017) 

SB21-017 created the crime of abuse of public trust by an educator (a class 1 misdemeanor) who subjects a student who is at least 18 years old to sexual contact if the educator is at least 4 years older than the student and requires mandatory reporting of and background check inquiry regarding whether a person has been dismissed by or has resigned from a school district or charter school as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior or an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act.

While statute requires a school district to notify CDE if a district employee is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, within 10 business days after the dismissal or resignation, there is no legally required timeline for a district to notify CDE if an employee is dismissed or resigns as a result of an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act.

Accordingly, options regarding the timeline to notify CDE are included in the applicable sample policies—boards may choose to apply the 10-day timeline for all allegations or set a different timeline for notifying CDE if an employee is dismissed or resigns as a result of an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act.

Military Family Open Enrollment in Public Schools (HB21-1217)

HB21-1217 requires school districts and charter schools to accept the school liaison address for the military installation for purposes of demonstrating residency for inbound active duty military members participating in open enrollment and also requires districts and charters to grant guaranteed automatic matriculation to the child of an inbound active duty military member while the child remains in the school and priority preference for younger siblings of the child for enrollment in subsequent school years.

What to do with an SPU?

Whether you are a seasoned policy veteran or new to policy work, below are some tips for reviewing the information contained in the CASB SPU. CASB sample policies cannot simply be adopted “as is,” so please consider the following as you plan to update your district’s local policies:

• Review the new or updated sample policies;
• Make decisions on optional language included in the sample policies;
• Add district-specific information;
• Consider local needs and circumstances;
• Engage in board and community conversations;
• Remove CASB note boxes after the board has considered the information contained in the note box;
• Remove the CASB copyright information;
• Consult with legal counsel;
• Present the policies to the board for review and adoption; and
• Call the CASB policy team with any questions!