Special Policy Update

We are stronger together! CASB wants to send a sincere thank you to a number of organizations who assisted in collaborating and preparing these policy documents. As we all encounter new situations, we are regularly reminded that we are stronger when we work together for our students, staff, and communities. A special thank you to: The Colorado Department of Education, Colorado Association of School Executives, the Colorado Rural Schools Alliance, Lyons and Gaddis, and countless board members and superintendents who spent time to talk through the issues and review our policy documents. 

July 17, 2020

 A benefit of participation in CASB's Policy Support Services
What's in this update?

This Special Policy Update (SPU) focuses on time-sensitive policy implications pertaining to the ongoing guidance from state and federal agencies regarding COVID-19, recent guidance from the United States Department of Education pertaining to Title IX of the Education Amendments of 1972, and updates resulting from state legislative changes. 

We understand that time is of the essence as we embark on a school year unlike any other. As such, this SPU is structured as a priority checklist for boards to follow as they prepare for the 2020-2021 school year. There are three categories of updates included: 

  • Priority One: Updates pertaining to reopening in light of the current pandemic; 
  • Priority Two: Updates associated with Title IX rule changes; and 
  • Priority Three: Updates resulting from state legislative changes. 

As the environment is continually changing, CASB anticipates the need to update additional policies and/or develop new board resolutions to address any changes and/or new information. CASB staff is currently evaluating the mandatory mask update shared by Governor Polis on Thursday, July 16, to determine what additional resources may be needed by CASB members. In addition, the Colorado Department of Public Health and Environment (CDPHE) will release new public health guidance and resources some time in the next week, which CASB will review and determine if any additional resources may be needed. 

To register for the Special Policy Update webinar on Monday, July 27, at 3:00 p.m. where CASB legal staff will review these policies and answer questions, please visit the CASB website.

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


Priority One: Reopening Policies
Deadline: First Day of School Fall 2020

Background Information: For the 2020-2021 school year, the Colorado Department of Education has provided flexibility for districts in the area of instruction and attendance. To access this flexibility, local boards must utilize a governance document (e.g., board policy or resolution), if the board wishes to use a form of remote learning for the 2020-21 academic year. As members have expressed interest in both adopting a resolution and updating existing board policy, CASB has provided samples for both options to address student instruction and attendance issues. Local boards do not need to adopt multiple governance documents and should be cognizant of the way in which they authorize changes for the 2020-2021 school year, as the changes outlined by the Colorado Department of Education are only applicable for the upcoming school year.

In order to authorize flexibility in instruction and attendance for remote learning, local boards may either

  • Amend board policy IC/ICA, School Year/School Calendar/Instruction Time; or 
  • Adopt the Resolution to Define “Actively Engaged in the Educational Process” and Student Attendance for the 2020-2021 School Year

As these updates intersect with other board policies, CASB also reviewed seven additional policies and a regulation to ensure alignment and consistency. While boards do not need to update these policies to align with the new guidance from CDE or to access the remote learning option, CASB wanted to provide boards with the currently updated policies that have undergone a review and technical clean up, in light of the current pandemic. Additionally, CASB created a new policy addressing workplace health and safety in light of COVID-19 and related legislation, HB20-1415.

  • EBBA, Prevention of Disease/Infection Transmission
  • EBBA-R, Prevention of Disease/Infection Transmission
  • EBCE, School Closings and Cancellations 
  • NEW! GBAB, Workplace Health and Safety Protection 
  • GBGA, Staff Health 
  • JH, Student Absences and Excuses 
  • JLCC, Communicable/Infectious Diseases 
  • KI, Visitors to Schools


Priority Two: Title IX
Deadline: August 14, 2020

Background Information: On May 6, 2020, the United States Department of Education issued final Title IX regulations. These regulations go into effect on August 14, 2020 and have an impact on a number of policy documents that address sexual harassment and sex-based discrimination. As such, CASB has updated the sample policies, regulations, and exhibits impacted by the rule changes and drafted a new sample regulation that specifically addresses Title IX investigation procedures. (Please note, the policies, regulations, and exhibits have also been updated to address state legislative changes). The following sample policies and supporting documents have been updated or added:

  • AC, Nondiscrimination/Equal Opportunity

  • AC-R-1 (Option 1), Nondiscrimination/Equal Opportunity (Complaint and Compliance Process)
  • AC-R-1 (Option 2), Nondiscrimination/Equal Opportunity (Complaint and Compliance Process)
  • NEW! AC-R-2, Sexual Harassment Investigation Procedures (Title IX)
  • AC-E-1, Nondiscrimination/Equal Opportunity (Sample Notice)
  • AC-E-2, Nondiscrimination/Equal Opportunity (Complaint Form)

Priority Three: State Legislative Changes
Deadline: As soon as possible

Background InformationDuring the 2020 Legislative Session, the Colorado Legislature passed approximately twenty bills directly related to school districts. The CASB Legislative Summary outlines background information pertaining to education and finance related bills, how CASB registered on these bills, and the board policy impact of the legislative changes. This document is also available on the CASB website for review. The following sample policies and supporting documents have been updated or added:

  • ADC, Tobacco-Free Schools
  • GBA, Open Hiring/Equal Employment Opportunity
  • GCE/GCF, Professional Staff Recruiting/Hiring
  • GDE/GDF, Support Staff Recruiting/Hiring 
  • IKA, Grading/Assessment System
  • JB, Equal Educational Opportunities 
  • JF, Admission and Denial of Admission
  • JFBA, Intra-District Choice/Open Enrollment

  • JFBB, Inter-District Choice/Open Enrollment
  • JICDD, Violent and Aggressive Behavior
  • JICDE, Bullying Prevention and Education 
  • JICEA, School-Related Student Publications 
  • JICEC, Student Distribution of Noncurricular Materials
  • LBD, Relations with District Charter Schools

  

Special Policy Update is a publication of the Colorado Association of School Boards.

The materials contained herein, and in CASB sample policies, regulations and exhibits, are provided for general information only and as a resource to assist school boards and BOCES boards with policy development. Boards should consult with legal counsel and revise all sample policies, regulations and exhibits to address local facts and circumstances.

As always, please contact CASB's policy department for more information or further assistance:  Josie Lewis, Chief Legal Counsel & General Counsel, jlewis@casb.org; Kristina Gutierrez, Policy Specialist, kgutierrez@casb.org; Ramona Lewis, Policy Specialist, rlewis@casb.org; and Holly Burg, Executive Assistant, hburg@casb.org. Or call us at 303-832-1000 or 800-530-8430.