Special Policy Update

• Corporal Punishment
• Charter School Application Timeline
• Colorado Open Records Act (CORA) changes
• Suspension, Expulsion, and Denial of Admission of Students
• Discrimination and Harassment in Schools
• Remote Learning Flexibility Ended
• Staff Sick Leave
• Universal Preschool
• Adjustment of Gift Ban Dollar Limit
• What to do with an SPU?

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

Corporal Punishment

During the 2023 legislative session, HB23-1191, Prohibit Corporal Punishment of Children, was passed. This bill prohibits a person employed by or volunteering in a public school, a state-licensed child care center, a family child care home, or a specialized group facility from imposing corporal punishment on a child. The bill also requires school districts to include the prohibition of corporal punishment in their conduct and discipline code.

Corporal punishment is defined as the willful infliction of, or willfully causing the infliction of, physical pain on a child. Corporal punishment does not include an amount of force that is reasonable and necessary to quell a disturbance that threatens physical injury to persons or damage to property, necessary for purposes of self-defense, or used to obtain possession of a weapon or other dangerous object within the control of a child; or physical pain or discomfort caused by athletic competition or other similar physical activity in which a child is voluntarily engaged.

As a result, CASB sample policy Use of Physical Intervention and Restraint, and JK, Student Discipline have been updated to reflect the definition of corporal punishment and the restriction on corporal punishment by district staff and volunteers.

Other resources

• Prohibit Corporal Punishment Of Children | Colorado General Assembly
• U.S. Department of Education Dear Colleague Letter |Corporal Punishment in Schools

Charter School Application Deadlines

During the 2023 legislative session, HB23-1025, Charter School Application Timeline, was passed. This bill adjusts charter school application deadlines for applications submitted to a local school board starting in 2025. Previously, districts were able to choose a rolling application deadline, or a single-day deadline for charter applications. This bill requires a rolling application deadline for all districts, and also extends the timeline and adds specific deadlines. Under the bill, the charter school application process each year is as follows:

•  Between February 1 and April 1, charter school applicants must file an application with a local school board (under current law, the filing deadline is between August 1 and October 1). This new application period is eighteen months prior to the start of the school year the charter applicant desires to open. 

•  By June 30, local school boards must rule on charter school applications in a public hearing.

•  By September 30, or 90 days after a school board approves a charter school application by resolution, whichever is later, the contract negotiations between the charter school and the school board must be concluded.

• The charter school is required to use the school and fiscal year, July 1 to June 30, following the submission of their charter application as a planning year, in which they prepare for serving students the next school year.

Rural schools may choose to follow an optional alternative timeline if they give notice to the department and the public. The timeline above would be modified as follows:

• Between June 1 and August 1, the initial charter application is due.
• By August 15, a school board must notify an applicant if their application is incomplete.
• By October 15, the school board must rule on the application.
• Within 30 days after the date a notice of appeal is filed, the state board of education must hear appeals (the state board is already required to review appeals within 60 days).

Finally, the bill allows the charter applicant and the local school board to jointly waive or extend the timelines. The school board may also apply to the State Board of Education for a modification or waiver. If granted, the school board must publish notice of the waiver on the board’s website within thirty days after the approval, and the new timeline only applies to applications submitted after the date of the public posting of the waiver.

As a result, CASB sample policy LBD*, Relations with District Charter Schools,  and accompanying regulation LBD*-R, have been updated to reflect the new timelines and requirements. 

Colorado Open Records Act (CORA) changes

SB23-286, Access to Government Records is effective August 7, 2023 and updates various provisions of the Colorado Open Records Act (CORA):

• Inspection and transmission of records. A person requesting a public record cannot be required to provide identification with their request. Additionally, records that are available digitally must be sent via e-mail or another mutually-agreed upon method. Further, a digital record cannot be converted into a non-searchable or non-sortable format prior to transmission
• Records withheld from inspection. CORA currently allows a custodian to deny a requester's right to inspect certain records if disclosure of the record would be contrary to the public interest. This already includes email addresses provided by a person to an agency, institution, or political subdivision of the state. The bill adds to this category telephone numbers and home addresses.
•  Records subject to inspection. The final report of a government-authorized investigation of an elected official for sexual harassment in the workplace is requestable as a public record if the investigation concludes that the elected official is culpable for any act of sexual harassment. However, identifiable characteristics of the accuser(s) must be redacted unless all accusers are already known to the public.
• Fee restrictions. A per-page fee cannot be charged for providing records in a digital or electronic format. Additionally, a requester must be allowed to pay any fee with a credit card or via electronic payment, as long as the district already allows people to pay for any other service or product with a credit card or electronic payment.

Accordingly, CASB sample regulation KDB-R, Public’s Right to Know/Freedom of Information has been updated to reflect the bill’s changes. 

Other resources

• Access To Government Records | Colorado General Assembly
• Member Legal Resource: CASB CORA Memo

Suspension, Expulsion, and Denial of Admission of Students

Two bills passed in the 2023 legislative session that impact procedures for suspending, expelling, or denying admission to a student.

HB23-1291, Procedures for Expulsion Hearing Officers, was effective June 1, 2023 and makes the following changes:

•  Burden of proof. Prior to implementing an expulsion, a school district has the burden of proving by a preponderance of the evidence that a student violated one of the grounds for suspension or expulsion in state law and the school district's policy.
•  Supporting evidence. If an expulsion or denial of admission hearing is requested by a student, a school district must send all records that the school district intends to use as supporting evidence to the student or their parent at least 2 business days prior to the hearing. Additional records, if discovered, must be provided immediately.
• Reports and written opinions. Hearing officers must include in their findings of fact and recommendations specific findings regarding the factors set forth in Section 22-33-106 (1.2), including age, disciplinary history, disability status, seriousness of the violation, whether the violation threatened the safety of others, and whether a lesser intervention would address the violation. Additionally, an executive officer acting as a hearing officer must provide their written opinion to the student or their parent/guardian.
• Conflict of interest. A hearing officer cannot have a conflict of interest regarding a student under consideration for expulsion or denial of admission, or towards any alleged victim. An executive officer or superintendent cannot serve as a hearing officer if they were involved in investigating or reporting an incident that leads to a hearing. In that situation, they would need to delegate the responsibility to someone who was not involved.
• Policy requirement. School districts must adopt a policy that states a student must not be expelled or denied admission unless the district considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment.
• Training. By June 30, 2024, CDE must create an online training program for hearing officers who conduct expulsion hearings, but districts may also develop their own training programs that meet or exceed the requirements of the CDE’s training program. The training program must include content on restorative justice, avoiding conflicts of interest, and alternatives to expulsion. Starting January 1, 2025, hearing officers must complete the training program within 30 days after the date the hearing officer starts work.

Additionally, SB23-029, Disproportionate Discipline in Public Schools, requires school districts to consider a list of factors prior to suspending or expelling a student, when previous law “encouraged” school districts to consider the same factors. The bill also creates a task force to study and make recommendations regarding school discipline.

Accordingly, CASB has updated sample policies JKD/JKE, Suspension/Expulsion of Students, and accompanying regulation JKD/JKE-R.

Discrimination and Harassment in Schools

SB23-172 enacted the “Protecting Opportunities and Workers’ Rights (POWR) Act,” effective August 7, 2023. It makes a variety of changes to workplace employment practices. It adds protections from discriminatory or unfair employment practices for individuals based on their “marital status.” Additionally, the bill adds a new definition of “harass” or “harassment”. It also specifies that in harassment claims, the alleged conduct does not need to be severe or pervasive to constitute a discriminatory or unfair employment practice.

The bill also prohibits nondisclosure provisions between an employer and employee that limit the ability of the employee to disclose discriminatory or unfair employment practices, with some exceptions. Finally, it requires an employer to maintain personnel and employment records for at least five years, and have a designated place to store written or oral complaints of discriminatory or unfair employment practices.

Additionally, SB23-296, Prevent Harassment and Discrimination in Schools is effective August 7, 2023. The bill makes substantial changes to public schools’ harassment and discrimination investigation process, including adding a new definition of harassment or discrimination that mirrors the definition in SB23-172.

The bill also requires boards to adopt a policy protecting students from harassment or discrimination, with certain requirements, by July 1, 2024. At a later date, CASB will release a new sample policy to comply with this bill, as well as complete additional updates to related policies.

Accordingly, CASB has updated sample policies AC: Nondiscrimination/Equal Opportunity, GBAA: Sexual Harassment, and JBB*: Sexual Harassment. 

Other resources

• Protecting Opportunities And Workers' Rights Act | Colorado General Assembly
• Prevent Harassment And Discrimination In Schools | Colorado General Assembly
• August 1, 2023 Legal Update

Remote Learning Flexibility Ended

During the 2022-23 school year, the Colorado Department of Education (CDE) offered flexibilities for temporary remote learning options due to the COVID-19 pandemic, although not as many flexibilities as were offered in previous years. As of May 2023, the COVID-19 public health emergency ended. For the 2023-24 school year, CDE is no longer offering flexibilities for temporary or 100% remote learning options associated with COVID-19.  Therefore, for subsequent school years, brick-and-mortar schools must offer in-person instruction without remote options; essentially following the same procedures as were followed prior to the pandemic.

Accordingly, some language in IC/ICA is no longer applicable due to the mention of specific school years and remote learning flexibilities. This inapplicable language has been removed and an informational note has been added. Boards should review and update their policy before the beginning of the school year. Additionally, if boards previously authorized resolutions addressing remote learning, they may wish to authorize an updated resolution ending the practice. 

Accordingly, CASB has updated sample policy IC/ICA, School Year/School Calendar/Instruction Time.

Staff Sick Leave

Senate Bill 23-017 passed during the legislative session, which added several permissible purposes for paid sick leave. Additionally, the COVID-19 public health emergency ended in Colorado effective May 11, 2023. 

Finally, it came to CASB’s attention that our policy GBGG stated that sick leave is only available to full time employees, but the Healthy Families and Workplaces Act provides that sick leave is available to all employees. 

Accordingly, CASB has reviewed and updated sample policy GBGG: Staff Sick Leave.

Other resources

• Paid Sick Leave under the Colorado Healthy Families and Workplaces Act (HFWA) |
• Department of Labor & Employment
• CASB Healthy Families and Workplaces Act FAQ

Universal Preschool

In 2022, HB22-1295 established the Department of Early Childhood (CDEC) and the Universal Preschool Program (UPK). The legislation also ended a previous program, the Colorado Preschool Program, at the end of the 2022-23 school year. The new Universal Preschool Program (UPK) will be implemented by CDEC starting in the 2023-24 school year. Accordingly, CASB removed references to the Colorado Preschool program in policy and added informational notes regarding UPK. 

Accordingly, CASB has updated sample policy IHBIB, Primary/Preprimary Education and repealed sample policy BDFC*, Preschool Counsel.

Other resources

• Colorado Preschool Program | CDE
• Universal Preschool (UPK) Colorado

Adjustment of Gift Ban Dollar Limit

Colorado Constitution Article XXIX §3(6) prohibits public officers from receiving any gift greater than $50.00 in a calendar year, and the Colorado Ethics Commission increases the gift ban limit based on inflation every four years. In February 2023, the Ethics Commission increased the gift ban limit from $65.00 to $75.00. The gift ban limit will be $75.00 until the first quarter of 2027, when the limit will again be readjusted.  

Accordingly, CASB has updated sample policies BC: School Board Member Conduct, BC-R: School Board Member Financial Disclosure, CBF: Superintendent’s Conduct, and GBEB: Staff Conduct.

Other resources

• Ethics Commission Position Statement | Gift Ban Dollar Limit

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!