Special Policy Update

• Non-Legal Name Changes

• School Graduation Attire [Revised July 17, 2024]

• Supports for Youth in Juvenile Justice System and Foster Care

• Student Weight-Based Bullying Protection

• Automated External Defibrillators in Public School

• Include Hair Length as Prohibited Discrimination on the Basis of Race

• Title IX Regulation Corrections

• What to do with an SPU?

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

Non-Legal Name Changes

During the 2024 legislative session, HB24-1039, Non-Legal Name Changes, passed. This bill requires districts to refer to students by their chosen name, if requested, and adopt a policy on the subject. Chosen name is defined as any name a student requests to be known as that differs from their legal name, in order to reflect the student’s gender identity. The definition of gender identity remains the same as previous law: an individual’s innate sense of their own gender, which may or may not correspond with their sex assigned at birth. The bill also makes the knowing or intentional misuse of a student’s chosen name a form of discrimination, similar to existing Colorado regulations that prohibit deliberately misusing an individual’s preferred name, form of address, or gender-related pronouns. 3 C.C.R. 708-1:81.6(a)(4). The bill does not mention or specifically address whether parents should be notified if a student requests to use a chosen name. However, it does state that any policy adopted to comply with the bill cannot violate the Family Education Rights Privacy Act (FERPA). 

The bill differentiates between two types of name changes for students. The first is an informal name change, which occurs at school and during school activities. It allows a student to be called by a different name to align with their gender identity, and staff are expected to make their best efforts to use this name. The second is a formal name change on student records. This type of name change may require completing a form and a parent’s signature. Under the bill, districts are required to adopt a process for an informal name change based on a student’s gender identity, and may, but are not required to, include a process for changing the student’s name on official records. Districts may already have an existing process for informal name changes, such as allowing students to use nicknames, middle names, or names to align with their gender identity. 

To comply with this bill, CASB has drafted a new sample policy, ACA, Name Changes, that outlines the process a student can utilize if they wish to change their name to align with their gender identity. Additionally, sample regulation AC-R-1, Harassment and Discrimination Investigation Procedures for Students, was updated to include the new addition that harassment or discrimination includes knowing or intentional use of a name other than a student’s chosen name.

 Other resources

• Non-Legal Name Changes | Colorado General Assembly
• Guidance for Educators Working with Transgender and Gender Nonconforming Students

School Graduation Attire

During the 2024 legislative session, HB24-1323, School Graduation Attire, was passed. The bill is similar to SB23-202, a bill that passed in 2023 and allowed students who are members of Native American tribes to wear tribal regalia associated with their tribe at graduation ceremonies. This year’s legislation allows public school students to wear “recognized objects of cultural or religious significance” as an adornment at graduation ceremonies. Adornments must comply with the dress code policy, as long as the dress code policy does not infringe on a student’s gender expression, gender identity, religion, or culture. Additionally, districts cannot restrict what a student wears under their graduation attire, and can only prohibit students from wearing an adornment if it is likely to cause substantial disruption of, or material interference with, the graduation ceremony. The bill requires school districts to adopt a policy that aligns with the bill, prior to the beginning of the 2024-2025 school year. 

CASB did not create a new sample policy after SB23-202 passed, because the bill did not have a policy requirement and none of our sample policies were impacted. HB24-1323 has a much larger scope as well as a policy requirement and therefore has impacted our policies. As a result, CASB sample policies JICA, Student Dress Code, and IKFB, Graduation Exercises have been updated. 

Additionally, while reviewing JICA, Student Dress Code, we determined that First Amendment caselaw has developed since the policy was last updated. Therefore, we have made changes to align the dress code policy with relevant precedent, particularly with regard to clothes that convey an expressive message.

 Other resources

• School Graduation Attire | Colorado General Assembly
  

Supports for Youth in Juvenile Justice System and Foster Care

HB24-1017 provides more detail on the rights of children who are in the foster care system, and HB24-1216 provides rights for children in the juvenile justice system. The foster care bill expands on existing statutory rights for foster care youth, requires county human service departments to provide written notice to foster youth about their rights, and clarifies the authority of courts to enforce these rights within the context of an adoption case. The bill includes many rights for foster youth, such as freedom from discrimination or harassment; freedom of thought, culture and religion; freedom to express gender identity; access to services, placements, and programs they are eligible for; notification of the benefits they are eligible for; and education. Education includes receiving a free and appropriate education, access to transportation to schools, and the opportunity to participate in sports and activities consistent with the youth’s age and developmental level. It also includes access to computer technology and the internet as needed for educational purposes.

Additionally, a foster youth is entitled to school stability that presumes the child or youth will remain in the school of origin in which the child or youth is enrolled in at the time of placement, unless remaining in that school is not in the child’s or youth’s best interest. The bill also includes a mechanism to enforce these rights or report denials of the rights. 

The juvenile justice system bill establishes rights for justice-engaged students related to education. This includes having the right to alternative solutions for general education; prompt enrollment with a local education provider; appropriate credit for coursework completed while justice-engaged; a graduation plan; privacy; education while committed; and participation in gifted and talented and college readiness programs. The privacy right requires officers who need to visit with a student regarding diversion, probation, or questioning about a crime to schedule visits in advance with the district’s office and hold a meeting in a private area out of sight of other students. 

The bill has three major new requirements for local education providers (i.e. districts and BOCES)

1. Post an explanation of services and resources available for justice-engaged students on the district’s website, 

2. Designate a person to serve as a point of contact for justice-engaged students,

3. Follow the bill of rights for justice-engaged students, which includes providing the student with a graduation and promotion plan; appropriate credit for coursework completed while justice-engaged; prompt enrollment or re-enrollment no later than 10 business days after the first request to the local education provider; and allowing the justice-engaged student to participate in school activities or career readiness pathways in accordance with rules promulgated by the state board of education.  

As a result, CASB sample policy IKF, Graduation Requirements, and the accompanying exhibit IKF-E, and sample policy JIH, Student Interviews, Interrogations, and Arrests have been updated. 

Other resources

• Supports for Youth in Juvenile Justice System | Colorado General Assembly
• Bill of Rights for Foster Youth | Colorado General Assembly
• CASB Resource: Overview and FAQ of Rights for Students in Foster Care and in the Juvenile Justice System (HB24-1017 and HB24-1216)
• CDE Resource: Justice Engaged Students in Education

Student Weight-Based Bullying Prevention

Passed during the 2024 legislative session, HB24-1285, Student Weight-Based Bullying Prevention, seeks to prevent bullying against students based on their body size. Previous law identified bullying behaviors that are subject to school district discipline policies and reporting requirements. The bill adds a pattern of bullying based on weight, height, or body size to the prohibited bullying behaviors. 

As a result, CASB sample policies JICDE*, Bullying Prevention and Education, and exhibit JICDE*-E2, Bullying Investigation Form, have been updated to align with the bill.

Other resources

• Student Weight-Based Bullying Prevention | Colorado General Assembly
• Colorado Model Bullying Prevention and Education Policy | CDE

Automated External Defibrillators in Public Schools

SB24-227 changes the previous law that permitted public schools to refuse to accept a donated Automated External Defibrillator (AED) if the donating party does not agree to take responsibility for training, installation and maintenance of the AED. Now, schools will be required to accept donated AEDs. However, the bill specifies that schools have discretion to decide who will be trained and the timing and frequency of AED training. This bill applies to any AEDs that are donated after June 7, 2024. 

As a result, CASB sample policies  JLCE, First Aid and Emergency Medical Care, and KDE, Crisis Management have been updated.

Other resources

• Automated External Defibrillators in Public School | Colorado General Assembly
• CPR/AED Implementation Senate Bill 23-023 | CDE

Evaluation Protections and Educators

SB24-132, passed during the recent legislative session, is intended to expand the confidentiality of evaluations to all employees, not just licensed employees, and is effective August 7, 2024. Under current law, an evaluation report and the records used to prepare the performance evaluation of a licensed professional in public education are confidential and available only to the licensed personnel being evaluated, to the person’s supervisors, or to the courts reviewing a decision of a local board of education. Current law limits the confidentiality only to licensed professionals, not all unlicensed employees who might work with students and receive regular evaluations. The bill extends the confidentiality of evaluation reports and related records to all teachers, principals, administrators, special service providers, and education support professionals - meaning that districts must keep performance evaluations confidential for all employees who work with students. 

As a result, CASB sample policy GBJ, Personnel Records and Files has been updated.

Other resources

• Evaluation Protections & Educators | Colorado General Assembly
  

Include Hair Length as Prohibited Discrimination on the Basis of Race

HB24-1451, Include Hair Length in CROWN Act, updates existing law that defines “race,” for the purposes of anti-discrimination laws to include hair texture, hair type, or a protective hairstyle commonly or historically associated with race. The bill adds hair length to that list.

As a result, CASB sample policies GBA, Open Hiring/Equal Employment Opportunity; GCE-GCF, Professional Staff Recruiting/Hiring; GDE-GDF, Support Staff Recruiting/Hiring; JB, Equal Employment Opportunities; JF, Admission and Denial of Admission; and JICDD*, Violent and Aggressive Behavior have been updated.

Other resources

• Include Hair Length in CROWN Act | Colorado General Assembly
• Race Trait Hairstyle Anti-discrimination Protect | Colorado General Assembly
• CROWN Act

Title IX Regulation Minor Corrections

It came to our attention that AC-R-3, Sex-based Harassment Investigation Procedures, which was updated in May, was in need of some minor corrections, particularly when mistakenly referencing a Compliance Officer instead of the Title IX Coordinator. We have made these corrections. The edits are technical, not substantive, and the scope and process within the policy has not changed. 

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!