House Committee of Reference Report
Committee on Education
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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February 26, 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 on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, page 3, strike lines 12 through 23 and substitute:
Page 1, Line 2"(4) (a) "Harass" or "harassment" means to engage in, or
Page 1, Line 3the act of engaging in, any unwelcome physical or verbal
Page 1, Line 4conduct or any written, pictorial, or visual communication
Page 1, Line 5directed at an individual or group of individuals because of that
Page 1, Line 6individual's or group's membership in, or perceived membership in,
Page 1, Line 7a protected class listed in section 24-34-1102 (1)(a), which
Page 1, Line 8conduct or communication is subjectively offensive to the
Page 1, Line 9individual alleging harassment and is objectively offensive to
Page 1, Line 10a reasonable individual who is a member of the same protected
Page 1, Line 11class. The conduct or communication need not be severe or
Page 1, Line 12pervasive to constitute harassment and constitutes harassment
Page 1, Line 13if:
Page 1, Line 14(I) Submission to the conduct or communication is
Page 1, Line 15explicitly or implicitly made a term or condition of the
Page 1, Line 16individual's access to an educational service, opportunity, or
Page 1, Line 17benefit;
Page 1, Line 18(II) Submission to, objection to, or rejection of the
Page 1, Line 19conduct or communication is used or explicitly or implicitly
Page 1, Line 20threatened to be used as a basis for educational decisions
Page 1, Line 21affecting the individual; or
Page 1, Line 22(III) The conduct or communication has the purpose or
Page 1, Line 23effect of unreasonably interfering with the individual's access
Page 1, Line 24to their educational service, opportunity, or benefit or creating
Page 1, Line 25an intimidating, hostile, or offensive educational environment.
Page 1, Line 26(b) Petty slights, minor annoyances, and lack of good
Page 1, Line 27manners do not constitute harassment unless the slights,
Page 1, Line 28annoyances, or lack of manners, when taken in combination and
Page 2, Line 1under the totality of the circumstances, meet the standard set
Page 2, Line 2forth in subsection (4)(a) of this section.
Page 2, Line 3(c) Whether conduct constitutes harassment is judged
Page 2, Line 4under the totality of the circumstances, which may include, but
Page 2, Line 5is not limited to:
Page 2, Line 6(I) The frequency of the conduct or communication,
Page 2, Line 7recognizing that a single incident may rise to the level of
Page 2, Line 8harassment;
Page 2, Line 9(II) The number of individuals engaged in the conduct or
Page 2, Line 10communication;
Page 2, Line 11(III) The type or nature of the conduct or communication;
Page 2, Line 12(IV) The duration of the conduct or communication;
Page 2, Line 13(V) The location where the conduct or communication
Page 2, Line 14occurred;
Page 2, Line 15(VI) Whether the conduct or communication is
Page 2, Line 16threatening;
Page 2, Line 17(VII) Whether any power differential exists between the
Page 2, Line 18individual alleged to have engaged in harassment and the
Page 2, Line 19individual alleging the harassment;
Page 2, Line 20(VIII) Any use of epithets, slurs, or other conduct or
Page 2, Line 21communication that is humiliating or degrading;
Page 2, Line 22(IX) Whether the conduct or communication reflects
Page 2, Line 23stereotypes about an individual or group of individuals in a
Page 2, Line 24protected class; or
Page 2, Line 25(X) Whether the conduct includes an act of physical
Page 2, Line 26violence.".
Page 2, Line 27Page 4, line 13, strike "or an employee of a public school".
Page 2, Line 28Page 5, line 5, strike "disproportionately adverse effect" and
Page 2, Line 29substitute "disparate impact".
Page 2, Line 30Page 5, strike lines 9 and 10 and substitute:
Page 2, Line 31"(d) Engage in harassment based on an individual's
Page 2, Line 32individual's or group's membership in, or perceived membership in,
Page 2, Line 33a protected class listed in section 24-34-1102 (1)(a).".
Page 2, Line 34Page 5, strike lines 24 through 26 and substitute:
Page 2, Line 35"(1) (a) An individual claiming to be aggrieved by a
Page 2, Line 36violation of section 24-34-1102 may, by oneself or through the
Page 2, Line 37person's attorney, make, sign, and file with the division a verified
Page 2, Line 38written charge stating the name and address of the respondent
Page 2, Line 39alleged to have committed the discriminatory education
Page 3, Line 1practice, setting forth the particulars of the alleged
Page 3, Line 2discriminatory practice, and containing any other information
Page 3, Line 3required by the division.".
Page 3, Line 4Page 5, line 27, strike "practice.".
Page 3, Line 5Page 7, line 15, after the period, add "The charge must be filed in the
Page 3, Line 6same manner and contain the same information as required for
Page 3, Line 7a charge filed by an individual pursuant to subsection (1)(a) of
Page 3, Line 8this section. When the commission, a commissioner, or the
Page 3, Line 9attorney general files a charge pursuant to this subsection
Page 3, Line 10(1)(b), the remedy available for the discriminatory education
Page 3, Line 11practice is limited to equitable relief to eliminate the
Page 3, Line 12discriminatory practice.".
Page 3, Line 13Page 8, line 5, strike "mediation," and substitute "mediation and the
Page 3, Line 14division has determined it has jurisdiction over the claim,".
Page 3, Line 15Page 8, strike lines 16 through 20 and substitute:
Page 3, Line 16"(b) Upon receipt of a report that a respondent has cured
Page 3, Line 17a deficiency, the director shall deliver the report to the
Page 3, Line 18complainant. If the complainant determines that the respondent
Page 3, Line 19has cured the deficiency, the complainant shall inform the
Page 3, Line 20director and the director shall dismiss the charge.
Page 3, Line 21(c) If at the end of the sixty-day period to cure described
Page 3, Line 22in subsection (3)(a) of this section the complainant has not
Page 3, Line 23informed the director that the respondent has cured the
Page 3, Line 24deficiency, the director shall investigate the charge pursuant
Page 3, Line 25to subsection (4) of this section.
Page 3, Line 26(d) The deadlines described in this section and in part 3 of
Page 3, Line 27this article 34 are not tolled during the sixty-day period to
Page 3, Line 28cure described in subsection (3)(a) of this section.".
Page 3, Line 29Page 8, line 27, before "The" insert "A person aggrieved by a
Page 3, Line 30violation of section 24-34-1102 (1) may bring an action in a court
Page 3, Line 31of competent jurisdiction.".
Page 3, Line 32Page 9, after line 2, insert:
Page 3, Line 33"(6) County court jurisdiction. The county court in the
Page 3, Line 34county where the discriminatory education practice occurred
Page 3, Line 35has jurisdiction in a civil action brought pursuant to this part
Page 3, Line 3611 to recover damages to the extent of the jurisdiction of the
Page 3, Line 37county court to recover a money demand in other actions.
Page 4, Line 1Either party has the right to have the cause tried by jury and to
Page 4, Line 2appeal from the judgment of the court in the same manner as in
Page 4, Line 3other civil suits.".
Page 4, Line 4Page 9, line 3, strike "commission." and substitute "division.".
Page 4, Line 5Page 9, strike lines 12 through 18 and substitute:
Page 4, Line 6"(3) (a) The division may, and the general assembly
Page 4, Line 7encourages the division to, consult with the department of
Page 4, Line 8education when monitoring a public school's compliance with a
Page 4, Line 9plan or order, and the department of education may work with
Page 4, Line 10the division upon the commission's request. The division and the
Page 4, Line 11department of education may enter into an agreement to carry
Page 4, Line 12out this subsection (3).
Page 4, Line 13(b) The division may, and the general assembly
Page 4, Line 14encourages the division to, contract with unpaid volunteers
Page 4, Line 15who have expertise in the field of discrimination in educational
Page 4, Line 16settings to assist the division with monitoring.
Page 4, Line 17(4) If, after providing a reasonable time for compliance,
Page 4, Line 18the division determines that the respondent has failed to comply
Page 4, Line 19with a remediation plan that is included in a settlement
Page 4, Line 20agreement or a cease and desist order issued by the commission,
Page 4, Line 21the division shall notify the complainant, commission, and
Page 4, Line 22attorney general.".
Page 4, Line 23Page 13, after line 1, insert:
Page 4, Line 24"SECTION 5. In Colorado Revised Statutes, 24-34-600.3, amend
Page 4, Line 25(1)(a)(IX) as follows:
Page 4, Line 2624-34-600.3. Definitions.
Page 4, Line 27As used in this part 6, unless the context otherwise requires:
Page 4, Line 28(1) (a) "Place of public accommodation" means any place of
Page 4, Line 29business engaged in any sales to the public and any place offering
Page 4, Line 30services, facilities, privileges, advantages, or accommodations to the
Page 4, Line 31public, including but not limited to:
Page 4, Line 32(IX) An educational institution other than a public school, as
Page 4, Line 33defined in section 24-34-1101; or".
Page 4, Line 34Renumber succeeding sections accordingly.
Page 4, Line 35Page 13, line 11, after "(1)(a)" insert "and (1)(b)".
Page 4, Line 36
Page 5, Line 1Page 13, after line 20, insert:
Page 5, Line 2"(b) An individual with a disability, as defined in section
Page 5, Line 324-34-301, must not, by reason of the individual's disability, be excluded
Page 5, Line 4from participation in or be denied the benefits of services, programs, or
Page 5, Line 5activities provided by a place of public accommodation, as defined in
Page 5, Line 6section 24-34-600.3 (1); a public school, as defined in section
Page 5, Line 724-34-1101, a public entity, as defined in section 24-34-301; or a state
Page 5, Line 8agency, as defined in section 24-37.5-102, or be subjected to
Page 5, Line 9discrimination by any such place of public accommodation, public
Page 5, Line 10school, public entity, or state agency.".
Page 5, Line 11Strike "commission" and substitute "division" on: Page 9, lines 6 and
Page 5, Line 1210.