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DENVER, CO - The House Education Committee yesterday passed a bill, sponsored by Assistant Majority Leader Jennifer Bacon, that aims to prevent discrimination in public schools based on disability, race, sexual orientation and other protected classes.
“After the Civil Rights Division of the US Department of Education was dismantled, students and families lost critical protections in schools. We’re standing up protections in Colorado to ensure all Colorado children are not discriminated against in schools,” said Assistant Majority Leader Jennifer Bacon, D-Denver. “Colorado schools should be a safe place for children to learn and grow, and if they experience discrimination based on their race, sexual orientation or disability, they should absolutely have a path to righting the wrongs made against them. This bill would create a positive learning environment and ensure access to the quality education that Colorado children deserve, uplifting all students and preparing them for success.”
HB26-1141, which passed by a vote of 9-3, would prohibit public K-12 schools, higher education institutions and their employees from discriminating based on a protected class, like disability, race, sex, sexual orientation, gender identity, religion and national origin.
The bill defines discriminatory education practices as actions taken due to a student’s membership or perceived membership in a protected class, including:
Refusing or withholding full and equal enjoyment of the services, facilities, privileges, advantages or accommodations of the school,
Publishing, displaying, or otherwise communicating that the full and equal enjoyment of the school would be denied to a student or that the student’s presence at the school is unwelcome,
Carrying out a decision or policy that disproportionately impacts a student,
Failing to adequately respond to instances of harassment, and
Retaliatory actions against a student who takes part in the complaint process for a harassment case.
The bill allows an impacted student or their family to file a discrimination complaint with the Colorado Civil Rights Division. The Colorado Civil Rights Commission or the Attorney General would also be able to file a complaint on their behalf. HB26-1141 would create a process to resolve the complaint, including early mediation, a 60-day period to resolve the issue, investigation by the division, and a judicial review. The bill also allows the commission to share data with the Department of Education about discriminatory education practice charges filed with the division each year.
Higher education institutions would be required to designate a Title VI coordinator to ensure compliance with the bill, manage grievances and publish data on violations.
Since Trump started his second term, he has slashed the US Department of Education’s workforce by nearly 50-percent, including firing half of the staff in the Office for Civil Rights and closing seven of the 12 regional offices. The Office of Civil Rights leads investigations of discrimination at schools and higher education institutions across the country.
Assistant Majority Leader Bacon previously passed a law that clearly defines what is considered harassment and discrimination in Colorado’s K-12 public schools. She also passed a law in 2024 that ensures that schools and educators have trauma-informed resources to support youth against harassment and discrimination.