HB 22-1376

Abstract

The act requires the department of education (department) to collect and compile data and create reports based on information received from school districts and charter schools (schools) related to chronic absenteeism rates, the number of in-school and out-of-school suspensions, the number of expulsions, the number of students handcuffed or restrained, the number of referrals to law enforcement, and the number of school-related arrests. The department shall to annually update and post such data and reports on its website. The department shall ensure all student-level data is kept confidential and complies with federal reporting requirements. The act requires the department to create and post easily accessible and user-friendly school district profiles relating to school climate, including school climate surveys. The act increases restrictions concerning the use of restraints on students. If a physical restraint is used for more than one minute but less than five minutes, the student's parent must be notified on the day of the restraint. The written notice must include the date, the name of the student, and the number of restraints. If a physical restraint is used for five minutes or more, the school administration shall mail, fax, or email a written report of the incident to the parent or legal guardian of the student not more than five calendar days after the use of the restraint on the student. The written report must be placed in the student's confidential file. A school resource officer or a law enforcement officer acting in the officer's official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall not use handcuffs on any student, unless there is a danger to themselves or others or handcuffs are used during a custodial arrest that requires transport. If a school uses a seclusion room, there must be at least one window for monitoring when the door is closed. If a window is not feasible, monitoring must be possible through a video camera. A student placed in a seclusion room must be continually monitored. The room must be a safe space free of injurious items. The seclusion room must not be a room that is used by school staff for storage, custodial, or office space. The department has enforcement authority over restraint investigation decisions and must follow the procedures outlined for state complaints under the federal "Individuals with Disabilities Education Act" and the department's state-level complaint procedures. The act requires the peace officers standards and training (P.O.S.T.) board, with respect to the hiring, training, and evaluation of school resource officers and professionalizing a school-police partnership, to create a model policy for selecting school resource officers. The P.O.S.T. board shall consult with school board members, school resource officers, K-12 advocates, and other relevant stakeholders, including student groups, in the development of the model policy. The department shall post the model policy on its website and distribute the policy to schools for consideration and possible adoption. The model policy may be used by schools and police departments. For the 2022-23 state fiscal year, the act appropriates $516,451 to the department of education from the general fund for information technology services and the office of dropout prevention and student reengagement. An additional $30,000 is appropriated to the department of law for use by the peace officers training board from the P.O.S.T board cash fund to implement the provisions of the act. (Note: This summary applies to this bill as enacted.)