HOUSE
                       3rd Reading Unamended
       March 16, 2015          HOUSE
       Amended 2nd Reading
                      March 13, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-0801.01 Richard Sweetman x4333HOUSE BILL 15-1240
                    HOUSE SPONSORSHIP
 Fields, 
 
                   SENATE SPONSORSHIP
 Balmer, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Education
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning reducing referrals of public school students to
            law enforcement agencies.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Each school district is encouraged to negotiate and enter into a
       memorandum of understanding with each municipal law enforcement
       agency and each sheriff's department with jurisdiction over at least one
       school of the school district to minimize students' contacts with law
       enforcement agencies and courts as disciplinary responses to school
       incidents.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 22-32-109.1, amend
       (3) as follows:
            22-32-109.1.  Board of education - specific powers and duties
       - safe school plan - conduct and discipline code - safe school reporting
       requirements - school response framework - school resource officers
       - definitions. (3)  Agreements with state and local agencies. Each board
       of education shall cooperate and, to the extent possible, develop written
       agreements with law enforcement officials, the juvenile justice system,
       and social services, as allowed under state and federal law, to keep each
       school environment safe, as follows:
            (a)  Each board of education shall adopt a policy whereby
       procedures will be used following instances of assault upon, disorderly
       conduct toward, harassment of, the making knowingly of a false
       allegation of child abuse against, or any alleged offense under the
       "Colorado Criminal Code" directed toward a school teacher or school
       employee or instances of damage occurring on the premises to the
       personal property of a school teacher or school employee by a student.
       Such procedures shall must include, at a minimum, the following
       provisions:
            (a) (I)  Such school teacher or school employee shall file a
       complaint with the school administration and the board of education;
            (b) (II)  The school administration shall, after receipt of such
       report and proof deemed adequate to the school administration, suspend
       the student for three days, such suspension to be in accordance with the
       procedures established therefor, and shall initiate procedures for the
       further suspension or expulsion of the student where injury or property
       damage has occurred; and
            (c) (III)  The school administration shall report the incident to the
       district attorney or the appropriate local law enforcement agency or
       officer, who shall, upon receiving such report, investigate the incident to
       determine the appropriateness of filing criminal charges or initiating
       delinquency proceedings.
            (b)  Each school district is encouraged to negotiate and
       enter into a memorandum of understanding with each municipal
       law enforcement agency and each sheriff's department with
       jurisdiction over at least one school of the school district to
       establish procedures to minimize referrals of students to law
       enforcement.      
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       5, 2015, if adjournment sine die is on May 6, 2015); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2016 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.