Second Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 04-0216.01 Michael Dohr         HOUSE BILL 04-1137
                    HOUSE SPONSORSHIP
 Frangas,  Cloer, Jahn, King, Paccione, Pommer, Vigil, and White
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Education
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the creation of a public school student's right
            to have a guardian present when the student signs a
            statement that could result in expulsion.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Requires that a parent, legal guardian, or legal or physical
       custodian be present when a student signs a statement or admission
       concerning an act that could result in expulsion.
            Makes an exception to the requirement when:
                The student is accompanied by a responsible adult acting
                 as a custodian or parent;
                The parent, legal guardian, or legal or physical custodian
                 and the student execute a waiver of the requirement; or
                The student makes deliberate misrepresentations that affect
                 the applicability of the requirement and the school official
                 relies on those misrepresentations in good faith.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 1 of article 33 of title 22, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            22-33-106.3.  Disciplinary investigations - parental presence -
       student statements.  (1)  A public school employee shall not
       require or request that a student sign a statement or admission
       concerning an act alleged to have been committed by the
       student that could result in expulsion unless a parent,
       guardian, or legal or physical custodian is present when the
       student signs the statement or admission.
            (2)  Notwithstanding the provisions of subsection (1) of
       this section, a student may sign a statement or admission despite
       the absence of a parent, guardian, or legal or physical
       custodian, if a responsible adult who is a custodian of the
       student or assuming the role of a parent is present at the time
       the statement or admission is signed.
            (3)  Notwithstanding the provisions of subsection (1) of
       this section, the student and his or her parent, guardian, or
       legal or physical custodian may expressly waive the
       requirement that the parent, guardian, or legal or physical
       custodian be present when a student signs a statement or
       admission.  This express waiver shall be in writing and shall be
       obtained only after full advisement of the student and his or
       her parent, guardian, or legal or physical custodian of the
       student's rights prior to the signing of the statement or
       admission by the student.
            (4)  The requirements of subsection (1) of this section shall
       not apply if the student makes any deliberate misrepresentations
       affecting the applicability or requirements of this section and
       a school official, acting in good faith and in reasonable reliance
       on such deliberate misrepresentation, obtains a signed statement
       or admission of the student that does not comply with the
       requirements of subsection (1) of this section.
            (5)  For the purposes of this section, "physical custodian"
       shall have the same meaning as that term is defined in section
       19-1-103 (84), C.R.S.
            SECTION 2.  Effective date.  This act shall take effect at 12:01
       a.m. on the day following the expiration of the ninety-day period after
       final adjournment of the general assembly that is allowed for submitting
       a referendum petition pursuant to article V, section 1 (3) of the state
       constitution (August 4, 2004, if adjournment sine die is on May 5, 2004);
       except that, if a referendum petition is filed against this act or an item,
       section, or part of this act within such period, then the act, item, section,
       or part, if approved by the people, shall take effect on the date of the
       official declaration of the vote thereon by proclamation of the governor.