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Second Regular Session
Sixty-first General Assembly
LLS NO. 980161.01 DFH
HOUSE BILL 981108
STATE OF COLORADO
BY REPRESENTATIVE Grossman;
also SENATOR Matsunaka.
A BILL FOR AN ACT
CONCERNING RESPONSIBILITY IN K12 EDUCATION,
AND, IN CONNECTION THEREWITH, PROVIDING FOR PARENTS TO COMMIT
TO PARTICIPATE IN THEIR CHILDREN'S EDUCATION AND ALLOWING PARENTS
TO TAKE UNPAID LEAVE FROM WORK TO ATTEND SCHOOL ACTIVITIES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Allows a local school board to require parents to sign a commitment of participation form for their children. Specifies the contents of the form, including the parent's commitment to attend at least one parentteacher conference or equivalent activity per academic semester and school official's commitment to exercise best efforts to schedule parentteacher conferences or equivalent activities during nonworking hours of the parent.
Entitles an employee of any employer subject to the state laws on discriminatory or unfair employment practices to take unpaid leave for the purpose of attending parentteacher conferences or other school activities directly related to the educational advancement of the employee's child. Limits the unpaid leave to 4 hours in any 30day period, not to exceed 24 hours in any 12month period. Allows the employer to require that such leave be taken in 2hour segments. Allows the employee to elect, or the employer to require, the substitution of accrued paid vacation leave, personal leave, or other types of paid leave for unpaid leave. Requires the employee to submit to his or her employer written verification from the school or school district of the conference or activity. Directs employees to make reasonable attempts to schedule conferences or other activities outside of regular work hours.
States that nothing in the law requires that the
leave be paid. Allows an employer to extend greater benefits
on leave policies than required in this act. States that this
act shall not affect rights or obligations under existing collective
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Short title. This act shall be known as the "Colorado Educational Responsibility Act".
SECTION 2. Legislative declaration. The general assembly of the state of Colorado hereby finds and declares that the education of our children is a responsibility that is shared by our schools, parents, and communities. The general assembly further finds and declares that every person, business, community, and political subdivision in the state of Colorado must participate in improving education if we are to ensure a prosperous future for our children.
SECTION 3. 2232110 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
2232110. Board of education specific powers. (1) In addition to any other power granted to a board of education of a school district by law, each board of education of a school district shall have the following specific powers, to be exercised in its judgment:
(jj) (I) TO REQUIRE, IN THE DISCRETION OF THE LOCAL BOARD, A PARENT OR LEGAL GUARDIAN OF A CHILD ENROLLED IN THE DISTRICT TO COMPLETE AND SUBMIT TO THE SCHOOL A COMMITMENT OF PARTICIPATION FORM. FOR PURPOSES OF THIS PARAGRAPH (jj), A "COMMITMENT OF PARTICIPATION FORM" MEANS A FORM PROVIDED BY THE SCHOOL DISTRICT AND SIGNED BY THE PARENT OR LEGAL GUARDIAN OF THE CHILD AND THAT CONTAINS THE FOLLOWING:
(A) A COMMITMENT ON THE PART OF THE PARENT OR LEGAL GUARDIAN TO ATTEND AT LEAST ONE PARENTTEACHER CONFERENCE OR EQUIVALENT ACTIVITY FOR THE CHILD PER ACADEMIC SEMESTER; AND
(B) A COMMITMENT ON THE PART OF THE OFFICIALS OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED TO EXERCISE BEST EFFORTS TO SCHEDULE PARENTTEACHER CONFERENCES OR EQUIVALENT ACTIVITIES DURING THE NONWORKING HOURS OF THE PARENT OR GUARDIAN.
(II) FOR PURPOSES OF THIS PARAGRAPH (jj), "EQUIVALENT ACTIVITY" MEANS A SCHOOL ACTIVITY THAT IS DIRECTLY RELATED TO THE ACADEMIC PERFORMANCE OF THE CHILD OR A MEETING OR CONFERENCE WITH THE TEACHER OR SCHOOL OFFICIALS RELATING TO DISCIPLINE OR CONDUCT OF THE CHILD.
SECTION 4. Part 4 of article 34 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
2434407. Unpaid leave for involvement in school activities. (1) AN EMPLOYEE EMPLOYED BY AN EMPLOYER SUBJECT TO THIS ARTICLE SHALL BE ENTITLED TO TAKE UNPAID LEAVE NOT TO EXCEED FOUR HOURS IN ANY THIRTYDAY PERIOD AND NOT TO EXCEED TWENTYFOUR HOURS IN ANY TWELVEMONTH PERIOD FOR THE PURPOSE OF ATTENDING PARENTTEACHER CONFERENCES OR OTHER SCHOOL ACTIVITIES DIRECTLY RELATED TO THE EDUCATIONAL ADVANCEMENT OF THE EMPLOYEE'S CHILD OR CHILDREN OR ANY CHILD OR CHILDREN FOR WHOM SUCH EMPLOYEE HAS PRIMARY LEGAL RESPONSIBILITY.
(2) AN EMPLOYER MAY REQUIRE THAT LEAVE BE TAKEN IN A MINIMUM OF TWOHOUR SEGMENTS AND THAT THE EMPLOYEE PROVIDE WRITTEN VERIFICATION FROM THE SCHOOL OR SCHOOL DISTRICT OF THE CONFERENCE OR OTHER ACTIVITY.
(3) AN EMPLOYEE SHALL MAKE A REASONABLE ATTEMPT TO SCHEDULE CONFERENCES OR OTHER ACTIVITIES FOR WHICH LEAVE MAY BE TAKEN UNDER THIS SECTION OUTSIDE OF REGULAR WORK HOURS. IN SCHEDULING CONFERENCES OR OTHER ACTIVITIES FOR WHICH LEAVE MAY BE TAKEN, SCHOOLS AND SCHOOL DISTRICTS SHALL EXERCISE BEST EFFORTS TO ACCOMMODATE THE SCHEDULES OF PARENTS AND GUARDIANS OF CHILDREN IN THE SCHOOL OR SCHOOL DISTRICT.
(4) IN ORDER TO TAKE LEAVE UNDER THIS SECTION, AN EMPLOYEE SHALL PROVIDE THE EMPLOYER WITH THE EARLIEST POSSIBLE NOTICE, INCLUDING THE WRITTEN VERIFICATION CONTAINED IN SUBSECTION (2) OF THIS SECTION, BUT IN NO CASE SHALL SUCH NOTICE BE PROVIDED LATER THAN SEVEN DAYS BEFORE LEAVE IS TO BE TAKEN EXCEPT IN THE CASE OF AN EMERGENCY. FOR PURPOSES OF THIS SECTION, "EMERGENCY" MEANS CIRCUMSTANCES WHERE THE EMPLOYEE'S CHILD OR CHILDREN OR ANY CHILD OR CHILDREN FOR WHOM SUCH EMPLOYEE HAS PRIMARY LEGAL RESPONSIBILITY HAS BEEN SUBJECTED TO A DISCIPLINARY SUSPENSION OR EXPULSION. IN THE CASE OF AN EMERGENCY, NOTICE AND WRITTEN VERIFICATION SHALL BE PROVIDED AS SOON AS PRACTICABLE.
(5) NOTHING IN THIS SECTION REQUIRES THAT THE LEAVE DESCRIBED IN THIS SECTION BE PAID.
(6) A QUALIFYING EMPLOYEE MAY ELECT, OR AN EMPLOYER MAY REQUIRE THE EMPLOYEE, TO SUBSTITUTE ACCRUED PAID VACATION LEAVE, PERSONAL LEAVE, OR OTHER PAID LEAVE FOR UNPAID LEAVE PROVIDED PURSUANT TO THIS SECTION.
(7) NOTHING IN THIS SECTION SHALL PREVENT AN EMPLOYER FROM GRANTING TO EMPLOYEES LEAVE PROVISIONS OR LEAVE BENEFITS THAT ARE GREATER THAN THE REQUIREMENTS FOR LEAVE AS DESCRIBED IN THIS SECTION.
(8) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT OR ABROGATE THE RIGHTS OF EMPLOYEES OR THE OBLIGATIONS OF EMPLOYERS SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT.
SECTION 5. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday 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; 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.