First Regular Session

Sixty-first General Assembly

LLS NO. 97­0289.01 JAP HOUSE BILL 97­1008

STATE OF COLORADO

BY REPRESENTATIVE Lamborn

EDUCATION

A BILL FOR AN ACT

CONCERNING THE PARENTAL ROLE WITH REGARD TO ACTIVITIES IN PUBLIC SCHOOLS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Prohibits administration in public schools of any test, questionnaire, survey, or examination that includes questions concerning the beliefs or practices of the student or the student's parent or guardian with regard to sex, family life, morality, or religion. Requires the state board of education to withhold accreditation if a school district allows administration of said test, questionnaire, survey, or examination without parental permission.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 1 of title 22, Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW SECTION to read:

22­1­122.  Student questioning prohibited. EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, NO SCHOOL DISTRICT SHALL ADMINISTER OR ALLOW TO BE ADMINISTERED TO ANY STUDENT IN A PUBLIC PRESCHOOL, ELEMENTARY SCHOOL, MIDDLE SCHOOL, OR SECONDARY SCHOOL IN THE SCHOOL DISTRICT ANY TEST, QUESTIONNAIRE, SURVEY, OR EXAMINATION CONTAINING ANY QUESTIONS ABOUT THE PERSONAL BELIEFS OR PRACTICES OF A STUDENT OR A STUDENT'S PARENTS OR GUARDIANS WITH REGARD TO SEX, FAMILY LIFE, MORALITY, OR RELIGION. A SCHOOL DISTRICT MAY ADMINISTER OR ALLOW TO BE ADMINISTERED SAID TEST, QUESTIONNAIRE, SURVEY, OR EXAMINATION ONLY IF THE STUDENT'S PARENT OR GUARDIAN RECEIVES WRITTEN NOTICE THAT THE TEST, QUESTIONNAIRE, SURVEY, OR EXAMINATION IS TO BE ADMINISTERED AND A DESCRIPTION OF THE INFORMATION TO BE SOUGHT AND THE STUDENT'S PARENT OR GUARDIAN GIVES WRITTEN PERMISSION FOR THE STUDENT TO ANSWER THE TEST, QUESTIONNAIRE, SURVEY, OR EXAMINATION.

SECTION 2.  22­2­106 (2), Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

22­2­106.  State board ­ duties. (2) (c)  THE STATE BOARD SHALL WITHHOLD ITS ACCREDITATION OF ANY SCHOOL DISTRICT UNDER PARAGRAPH (c) OF SUBSECTION (1) OF THIS SECTION IF IT DETERMINES THAT THE SCHOOL DISTRICT HAS VIOLATED THE PROVISIONS OF SECTION 22­1­122, CONCERNING QUESTIONING OF STUDENTS WITHOUT PARENTAL PERMISSION.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.