(1) If a school resource officer or other law enforcement officer acting in his or her official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event arrests a student of the school, the officer shall notify the principal of the school or his or her designee of the arrest within twenty-four hours after the arrest.
If a school resource officer or other law enforcement officer acting in his or herofficial capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event issues a summons, ticket, or other notice requiring the appearance of a student of the school in court or at a police station for investigation relating to an offense allegedly committed on school grounds, in a school vehicle, or at a school activity or sanctioned event, the officer shall notify the principal of the school or his or her designee of the issuance of the summons, ticket, or other notice within ten days after the issuance of the summons, ticket, or other notice.
A school resource officer shall be familiar with the provisions of the conduct anddiscipline code of the school to which he or she is assigned.
Commencing August 1, 2013, and continuing through August 1, 2014, each law enforcement agency employing or contracting with any law enforcement officer who is acting or has acted in his or her official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to the division of criminal justice created in section 2433.5-502, C.R.S., in aggregate form without personal identifying information, data about the cases handled by the agency on school grounds, in a school vehicle, or at a school activity or sanctioned event. Failure to submit a timely report to the division of criminal justice pursuant to this subsection (4) does not relieve a law enforcement agency of its responsibility to file the report required by this subsection (4). A law enforcement agency that has failed to file a timely report shall file all such reports with the division of criminal justice no later than August 15, 2015. Each such report must include, at a minimum, the following information:
The number of students investigated by the officer for delinquent offenses, includingthe number of students investigated for each type of delinquent offense for which the officer investigated at least one student;
The number of students arrested by the officer, including the offense for which eachsuch arrest was made;
The number of summonses or tickets issued by the officer to students; and
The age, gender, school, and race or ethnicity of each student whom the officer arrested or to whom the officer issued a summons, ticket, or other notice requiring the appearance of the student in court or at a police station for investigation relating to an offense allegedly committed on school grounds, in a school vehicle, or at a school activity or sanctioned event.
(5) (a) On or before August 1, 2015, each law enforcement agency that is acting or has acted in its official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to the division of criminal justice, in the formats developed by the division in conjunction with local law enforcement agencies, the information required pursuant to paragraph (c) of this subsection (5) that is related to all student tickets, summons, or arrests that occurred during the 2014-15 academic year, excluding incidents that occurred during the summer of 2014, at a public elementary school, middle or junior high school, or high school; in a school vehicle; or at a school activity or sanctioned event.
Notwithstanding the provisions of section 19-1-303 (5), C.R.S., on or before August1, 2016, and every August 1 thereafter, each law enforcement agency that is acting or has acted in its official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to the division of criminal justice, in formats developed by the division in conjunction with local law enforcement agencies, the information required pursuant to paragraph (c) of this subsection (5) that is related to all student tickets, summons, or arrests that occurred for the previous academic year, including incidents that occurred during the previous summer months, at a public elementary school, middle or junior high school, or high school; in a school vehicle; or at a school activity or sanctioned event.
For each report required pursuant to paragraph (a) or (b) of this subsection (5), thelaw enforcement agency shall report:
The student's full name;
The student's date of birth;
The student's race, ethnicity, and gender;
The name of the school where the incident occurred or the name of the school thatoperated the vehicle or held the activity or event;
The date of the arrest or taking of a student into custody;
The date of the issuance of the summons or ticket;
The arrest or incident report number as recorded by the law enforcement agency;
The single most serious offense for which a student is arrested, issued a summons,or issued a ticket using the national crime information center (NCIC) crime code;
The type of weapon involved, if any, for offenses classified as group A offensesunder the national incident-based reporting system; and
The law enforcement agency's originating reporting identifier.
(d) A law enforcement agency may report the information required pursuant to this subsection (5) on a monthly, quarterly, or annual basis. The law enforcement agency shall inform the division of criminal justice of the reporting schedule it will follow.
Source: L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 738, § 23, effective May 19. L. 2015: IP(4) amended and (5) added, (HB 15-1273), ch. 323, p. 1320, § 3, effective June 5. L. 2016: (5)(b) amended, (HB 16-1098), ch. 103, p. 298, § 4, effective April 15. 22-32-147. Use of restraints on students - certain restraints prohibited - reports and review process - definitions - rules. (1) As used in this section, unless the context otherwise requires:
"Chemical restraint" has the same meaning as set forth in section 26-20-102 (2).
"Mechanical restraint" has the same meaning as set forth in section 26-20-102 (4).
"Prone position" means a face-down position.
"Prone restraint" means a restraint in which the individual being restrained is securedin a prone position.
"Restraint" has the same meaning as set forth in section 26-20-102 (6).
Pursuant to section 26-20-111, the use of a chemical, mechanical, or prone restraintupon a student in a school or charter school of a school district or board of cooperative services is prohibited.
(a) On and after August 9, 2017, each school district shall require any school employee or volunteer who uses any type of restraint on a student of the school district to submit a written report of the incident to the administration of the school not later than one school day after the incident occurred.
(b) On and after August 9, 2017, each school district shall establish a review process, conduct the review process at least annually, and document the results of each review process in writing. Each annual review process must include a review of each incident in which restraint was used on a student during the preceding year. The purpose of each annual review process is to ensure that the school district is properly administering restraint, identifying additional training needs, minimizing and preventing the use of restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students and staff. Each annual review process must include but is not limited to:
Analysis of incident reports, including consideration of procedures used during therestraint, preventative or alternative techniques attempted, documentation, and follow-up;
Training needs of staff;
Staff-to-student ratios; and
Environmental considerations, including physical space, student seating arrangements, and noise levels.
(c) Not more than five calendar days after the use of restraint on a student, the school administration shall mail, fax, or e-mail a written report of the incident to the parent or legal guardian of the student. The written report must be placed in the student's confidential file and include:
The antecedent of the student's behavior, if known;
A description of the incident;
Any efforts made to de-escalate the situation;
Any alternatives to the use of restraints that were attempted;
The type and duration of the restraint used;
Any injuries that occurred; and
The staff members who were present and staff members who were involved inadministering the restraint.
(4) On or before November 1, 2017, the state board shall promulgate rules establishing a process by which a student or a parent or legal guardian of a student may formally complain about the use of restraint or seclusion by any employee or volunteer of any school or charter school of a school district or board of cooperative services. To the extent practicable, the process must reflect the complaint process for filing a state complaint under the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended.
Source: L. 2017: Entire section added, (HB 17-1276), ch. 270, p. 1488, § 4, effective August 9.
Cross references: For the legislative declaration in HB 17-1276, see section 1 of chapter 270, Session Laws of Colorado 2017.