9E6151BC751D001B872589A70002B9D3 Hearing Summary

Representatives Bacon and Herod, prime sponsors, presented Senate Bill 23-296, concerning protections for students against discriminatory practices at schools. Representative Bacon explained the effect of the bill and discussed its need. Representative Herod provided additional input on the merits of the legislation. Discussion ensued regarding federal Title IX implications of the bill, and the protected classes impacted by the bill. Discussion followed regarding the mens rea component of the bill, and the ability to address the behaviors targeted by the bill under current law. Representatives Bacon and Herod responded to questions regarding what types of behavior triggers a penalty under SB 23-296, and the potential for amending the bill to clarify certain elements. Discussion turned to immunity, which was removed by amendment in the Senate, and administrative burdens placed on schools by the bill. Representative Herod responded to questions regarding remedies available to protect students under the bill.  Submitted testimony for the meeting's bills may be found at Attachment A.  Additional written testimony on SB 23-296 may be found at Attachment B.

Carolyn Martin, representing Christian Home Educators of Colorado, testified in opposition to the bill.

Craig Hein, representing Colorado School District Self Insurance Pool, testified in opposition to the bill.

Michelle Murphy, representing Rural School Alliance and Colorado Association of School Executives, testified in opposition to the bill.

Brad Bergford, representing Commission for the Protection of Constitutional Rights, testified in opposition to the bill. Discussion ensued regarding the potential clarifying effects of SB 23-296, and standards for determining sexual harassment. Ms. Murphy responded to questions regarding private causes of action under the bill. Mr. Bergford responded to questions regarding potential constitutional issues with the bill.

Mrs. Erin Meschke, representing herself, testified to amend the bill. Rachel Amspoker, representing Colorado Association of School Boards, testified to amend the bill. Wendy Birhanzel, representing Pikes Peak School District Alliance, testified to amend the bill. Angelina Sierra-Sandoval, representing Colorado League of Charter Schools, testified to amend the bill. Mrs. Meschke responded to questions regarding language in SB 23-296 that could be amended to address harassment of those who are not in a protected class. Ms. Birhanzel responded to questions regarding resources that schools would have to commit to adhere to the requirements of the bill, and Title IX coordinators in school districts.

Elizabeth Newman, representing Colorado Coalition Against Sexual Assault, testified in support of the bill.

Ms. Cari Simon, representing herself, testified in support of the bill.

Tracy Dundon, representing herself, testified in support of the bill.

Ms. Jennifer McPherson, representing Colorado Civil Rights Division, was available to answer committee questions. Ms. Simon responded to questions regarding potential constitutional and federal preemption issues with SB 23-296. Ms. Newman responded to questions regarding language in the bill that is similar to the Victims Rights Act, particularly in the area of notifications.

Representative Bacon explained the effect of amendment L.030 (Attachment C).

Representative Bacon responded to questions regarding the clarifying aspects of amendment L.030 as to the legislation's intent, and a private cause of action under SB 23-296.

Representative Bacon explained the effect of amendment L.040 (Attachment D).

Representative Bacon responded to questions regarding who is being protected by amendment L.040, and the intent of the amendment. Representative Herod responded to questions regarding the impact of the amendment on school curriculum.

Representative Bacon explained the effect of amendment L.041 (Attachment E).

Representative Bacon responded to questions regarding what constitutes a "contractor" according to amendment L.041.

Representative Bacon explained the effect of amendment L.042 (Attachment F).

Representative Bacon responded to questions regarding references to law enforcement in amendment L.042, and employee training requirements in the amendment.

Representative Bacon explained the effect of amendment L.043 (Attachment G).

Representative Bacon responded to questions regarding a potential chilling effect on reporting by amendment L.043. Discussion ensued on this point. Mr. Conrad Imel, Office of Legislative Legal Services, explained a drafting convention.

Representative Bacon explained the effect of amendment L.044 (Attachment H).

Representatives Herod and Bacon provided closing remarks in support of SB 23-296. Various committee members provided their positions on the bill.