House Committee of Reference Report

Committee on Appropriations

All text that will be removed from the bill will be indicated by strikethrough as follows:

This is text that is removed from law.

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May 6, 2026

After consideration on the merits, the Committee recommends the following:

HB26-1141   be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Page 1, Line 1Strike the Education Committee Report, dated February 26, 2026, and

Page 1, Line 2substitute:

Page 1, Line 3"Amend printed bill, strike everything below the enacting clause and

Page 1, Line 4substitute:

Page 1, Line 5"SECTION 1.  In Colorado Revised Statutes, 24-34-601, add

Page 1, Line 6(2)(c) as follows:

Page 1, Line 724-34-601.  Discrimination in places of public accommodation.

Page 1, Line 8(2) (c) (I)  An educational institution, including an

Page 1, Line 9elementary or secondary school and an institution of higher

Page 1, Line 10education, denies a person the full and equal enjoyment of a

Page 1, Line 11place of public accommodation when the educational

Page 1, Line 12institution:

Page 1, Line 13(A)  On the basis of one or more of the protected classes

Page 1, Line 14described in subsection (2)(a) of this section, excludes a student

Page 1, Line 15from participation in, denies a student the benefits of, or

Page 1, Line 16otherwise subjects a student to discrimination in any of the

Page 1, Line 17educational institution's programs or activities;

Page 1, Line 18(B)  Without a legitimate, nondiscriminatory,

Page 1, Line 19nonpretextual basis, and based on one or more of the protected

Page 1, Line 20classes described in subsection (2)(a) this section, denies

Page 1, Line 21educational services, benefits, or opportunities to a student or

Page 1, Line 22group of students by treating them differently from a similarly

Page 1, Line 23situated student who is, or group of students who are, part of a

Page 1, Line 24different subgroup of students within the same protected class;

Page 1, Line 25or

Page 1, Line 26(C)  Has actual or constructive notice that a hostile

Page 1, Line 27environment based on one or more of the protected classes

Page 2, Line 1described in subsection (2)(a) of this section exists at the

Page 2, Line 2educational institution but fails to take prompt and effective

Page 2, Line 3steps reasonably calculated to eliminate the hostile

Page 2, Line 4environment, end the harassment that gave rise to the hostile

Page 2, Line 5environment, and prevent the harassment from recurring.

Page 2, Line 6(II)  In interpreting the standards in subsection (2)(c)(I) of

Page 2, Line 7this section, the division and the commission may consider

Page 2, Line 8federal nondiscrimination law as persuasive but nonbinding

Page 2, Line 9authority. State law governs in the case of a conflict between

Page 2, Line 10applicable state and federal law.

Page 2, Line 11(III)  The commission may adopt rules specific to complaints

Page 2, Line 12of discrimination involving educational institutions.

Page 2, Line 13SECTION 2.  In Colorado Revised Statutes, 22-1-143, amend

Page 2, Line 14(1)(d)(I) introductory portion as follows:

Page 2, Line 1522-1-143.  Harassment or discrimination - policy required -

Page 2, Line 16training and notification - legislative declaration - definitions.

Page 2, Line 17(1)  As used in this section, unless the context otherwise requires:

Page 2, Line 18(d) (I)  "Harassment or discrimination" means to engage in, or the

Page 2, Line 19act of engaging in, any unwelcome physical or verbal conduct or any

Page 2, Line 20written, pictorial, or visual communication by a student or employee that

Page 2, Line 21is directed at a student or group of students because of that student's or

Page 2, Line 22group's membership in, or perceived membership in, a protected class

Page 2, Line 23based on disability, race, creed, color, sex, sexual orientation, gender

Page 2, Line 24identity, gender expression, family composition, pregnancy, parental

Page 2, Line 25status, religion, age, national origin, or ancestry, which conduct or

Page 2, Line 26communication is objectively offensive to a reasonable individual who is

Page 2, Line 27a member of the same protected class. The conduct or communication

Page 2, Line 28need not be severe or pervasive to constitute harassment or discrimination

Page 2, Line 29and constitutes harassment or discrimination if:

Page 2, Line 30SECTION 3.  In Colorado Revised Statutes, add 23-5-151 as

Page 2, Line 31follows:

Page 2, Line 3223-5-151.  Title VI compliance - coordinator required -

Page 2, Line 33definitions.

Page 2, Line 34(1)  As used in this section, unless the context otherwise

Page 2, Line 35requires:

Page 2, Line 36(a)  "Institution of higher education" or "institution"

Page 2, Line 37means a state institution of higher education, as defined in

Page 2, Line 38section 23-18-102 (10)(a); a local district college, as defined in

Page 2, Line 39section 23-71-102; or an area technical college, as defined in

Page 2, Line 40section 23-60-103.

Page 2, Line 41(b)  "Title VI" means Title VI of the federal "Civil Rights

Page 2, Line 42Act of 1964", 42 U.S.C. sec. 2000d et seq.

Page 2, Line 43(2)  Each institution of higher education shall establish

Page 3, Line 1grievance procedures for a person to file a complaint alleging

Page 3, Line 2a violation of Title VI. The institution shall make the grievance

Page 3, Line 3procedures available on a publicly accessible page of the

Page 3, Line 4institution's website and, at least annually, inform students and

Page 3, Line 5employees of the existence of the grievance procedures.

Page 3, Line 6(3) (a)  Each institution of higher education shall

Page 3, Line 7designate an individual to serve as the Title VI coordinator for

Page 3, Line 8the institution.

Page 3, Line 9(b)  Each institution shall determine the Title VI

Page 3, Line 10coordinator's specific duties and responsibilities, which must

Page 3, Line 11include that the Title VI coordinator is responsible for:

Page 3, Line 12(I)  Ensuring the institution's compliance with the

Page 3, Line 13requirements of Title VI, including responding to complaints of

Page 3, Line 14discrimination and allegations of harassment;

Page 3, Line 15(II)  Responding to allegations of harassment and

Page 3, Line 16discrimination that have a disparate impact;

Page 3, Line 17(III)  Enforcing the institution's Title VI grievance

Page 3, Line 18procedures, including reviewing complaints filed under the

Page 3, Line 19procedures;

Page 3, Line 20(IV)  Tracking complaints to identify institutional issues

Page 3, Line 21related to Title VI compliance; and

Page 3, Line 22(V)  Aggregating data about alleged violations of Title

Page 3, Line 23VI at the institution and making the data publicly available.

Page 3, Line 24The data must not include personally identifying information

Page 3, Line 25about a person.

Page 3, Line 26(4)  The Title VI coordinator shall provide training to the

Page 3, Line 27institution's employees about Title VI compliance.

Page 3, Line 28SECTION 4.  Act subject to petition - effective date -

Page 3, Line 29applicability. (1)  This act takes effect at 12:01 a.m. on the day following

Page 3, Line 30the expiration of the ninety-day period after final adjournment of the

Page 3, Line 31general assembly (August 12, 2026, if adjournment sine die is on May 13,

Page 3, Line 322026); except that, if a referendum petition is filed pursuant to section 1

Page 3, Line 33(3) of article V of the state constitution against this act or an item, section,

Page 3, Line 34or part of this act within such period, then the act, item, section, or part

Page 3, Line 35will not take effect unless approved by the people at the general election

Page 3, Line 36to be held in November 2026 and, in such case, will take effect on the

Page 3, Line 37date of the official declaration of the vote thereon by the governor.

Page 3, Line 38(2)  This act applies to discriminatory practices committed on or

Page 3, Line 39after the applicable effective date of this act.".".