July 19, 2019

Archives for February 10, 2012

SB 12-046: Increasing Discretion for School Officials Regarding Discipline in Public Schools

On January 11, 2012, Sen. Linda Newell and Rep. B.J. Nikkel introduced SB 12-046 – Concerning Disciplinary Measures in Public Schools. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Legislative Task Force to Study School Discipline. The bill amends the statutory grounds for suspension or expulsion of a student to increase the discretion of school administrators and school district boards of education. The only circumstances under which expulsion remains mandatory are those that involve a student who is determined to have brought a firearm to school or possessed a firearm at school. The bill defines the terms “suspension”, “in–school suspension”, “out–of–school suspension”, and “expulsion”.

The bill relocates, with substantive amendments, certain statutory provisions concerning school conduct and discipline codes and safe school reporting requirements.

Each code shall include criteria distinguishing minor code violations from behavior that will result in the referral of an offending student to a law enforcement agency. Each code shall include a specific policy concerning the prevention of sexual assault and domestic violence.

Each public school of a school district shall require each student enrolled in the public school to be familiar with the provisions of the code.

In creating and enforcing a code, each local board shall:

  • Ensure that the code is designed to protect students from harm, provide opportunities for students to learn from their mistakes, foster a positive learning community, keep students in school, and implement a graduated set of age–appropriate responses to misconduct that are fair and proportionate in relation to each student’s individual conduct;
  • To the extent practicable, limit the use of out–of–school suspensions and expulsions to incidents that involve conduct that poses a serious and credible threat to the safety of pupils and staff; and
  • To the extent practicable, use prevention, intervention, restorative justice, peer mediation, counseling, and other approaches to address student misconduct.

In creating a code, each local board shall solicit and consider input from the school district accountability committee of the school district and a local or statewide law enforcement agency.

To the extent practicable, each local board shall assist teachers and other school employees, as may be appropriate, in obtaining training in conflict resolution in and out of the classroom, disciplinary alternatives, and restorative justice for the purpose of preventing violations of the school district’s code.

If a student is suspended from school, the suspending authority shall provide an opportunity for the student to make up school work during the period of suspension for full academic credit.

The report of code violations that is required of each school principal as part of the safe school reporting requirements shall specifically identify each violation that resulted in referral to a law enforcement agency.

On and after October 1, 2012, the peace officer standards and training (P.O.S.T.) board shall create and provide a training curriculum to prepare peace officers to serve as school resource officers. In creating the training curriculum, the P.O.S.T. board shall solicit and, to the extent practicable, implement the suggestions of relevant stakeholders. On and after October 1, 2013, neither a school administrator nor a local board shall accept the assignment of a peace officer acting in his or her official capacity as school resource officer in a public school unless the peace officer has successfully completed the school resource officer training program. Assigned to the Education Committee.

Summaries of other featured bills can be found here.

SB 12-042: Bringing Child Support Enforcement Into Compliance with Federal Law

On January 11, 2012, Sen. Nancy Spence and Rep. Ken Summers introduced SB 12-042 – Concerning Bringing Certain Statutory Provisions Related to Child Support Into Compliance with Federal Law. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill authorizes the state department of human services to identify for another state, upon request and through a data match system, any assets owned by a person who owes child support in another state. The department is further authorized to seize such assets through levy or other appropriate processes.

The department and financial institutions are required to enter into agreements to implement the system. The data match required through the system shall be conducted quarterly.

On February 1 the Judiciary Committee referred the unamended bill to the full Senate for consideration for 2nd Reading.

Since this summary, the Senate second reading was laid over daily.

Summaries of other featured bills can be found here.

SB 12-038: Protecting Consumers by Preventing Fraud by Roofing Contractors

On January 11, 2012, Sen. Lois Tochtrop and Rep. Glenn Vaad introduced SB 12-038 – Concerning Measures to Protect Consumers Who Engage a Roofing Contractor to Perform Roofing Services on Residential Property. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires residential roofing contractors to sign a written contract with customers that details the following:

  • The scope of roofing services and materials to be provided;
  • The approximate dates of service;
  • The costs of the services;
  • The roofing contractor’s contact information;
  • Identification of the roofing contractor’s surety and liability coverage insurer and their contact information, if applicable;
  • The roofing contractor’s policy regarding cancellation of the contract and refund of any deposit, including a rescission clause allowing the client to rescind the contract and obtain a full refund of any deposit within 72 hours after entering the contract; and
  • A written statement that if the client plans to use the proceeds of a property or casualty insurance policy to pay for the roofing work, the roofing contractor cannot pay, waive, rebate, or promise to pay, waive, or rebate all or part of any deductible applicable to the claim for payment for roofing work on the covered residential property.

A person who enters into a contract with a roofing contractor to perform roofing work on his or her residential property and who submits a claim to his or her property and casualty insurer for payment for the roofing work may rescind the contract for the roofing work if the insurer denies the claim in whole or in part, as long as the person notifies the roofing contractor within 72 hours after the claim is denied. The roofing contractor must refund any moneys paid by the customer within 10 days after receipt of the cancellation notice.

When residential roofing work will be paid from the proceeds of a property and casualty insurance policy covering the residential property, the roofing contractor is prohibited from paying, waiving, rebating, or offering or promising to pay, waive, or rebate all or part of any deductible that applies to the claim.

Assigned to the Business, Labor and Technology Committee.

Summaries of other featured bills can be found here.

SB 12-037: Permitting Dispensation of Controlled Substances Via Electronic, Not Written, Prescription

On January 11, 2012, Sen. Steve King and Rep. Dave Young introduced SB 12-037 – Concerning the Ability to Dispense a Controlled Substance Based on an Electronically Transmitted Drug Order. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, a pharmacy is prohibited from dispensing a prescribed schedule II, III, IV, or V controlled substance absent a written prescription from the practitioner prescribing the substance. The bill allows a pharmacy to dispense those controlled substances if the practitioner electronically creates and transmits the prescription drug order in conformance with federal law. On February 1, the Health and Human Services referred the unamended to the Senate “Consent Calendar” for 2nd Reading.

Since this summary, the bill passed its Second Reading in the Senate.

Summaries of other featured bills can be found here.

SB 12-035: Limitation on Liability for Entities Holding FAA License for Spaceflight Activities

On January 11, 2012, Sen. Mary Hodge introduced SB 12-035 – Concerning Limited Liability for Spaceflight Activities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill limits liability for a spaceflight entity for any injury to a spaceflight participant unless the injury is intentionally caused or proximately caused by gross negligence on the part of the entity. Before participating in a spaceflight activity, a participant must sign an agreement and warning statement acknowledging his or her understanding of limited liability for the entity.

Since this summary, the Senate has daily laid over the second reading.

Summaries of other featured bills can be found here.

Tenth Circuit: Unpublished Opinions, 2/9/12

On Thursday, February 9, 2012, the Tenth Circuit Court of Appeals issued no published opinions and thirteen unpublished opinions.

Unpublished

Mapp v. Duckwall-Alco Stores, Inc.

Johnson v. Ezell

Thibeaux v. Cain

Thompson v. City of Shawnee

United States v. Snow, Jr.

White v. Medina

Arocho v. Lappin

Ruppert v. Bravo

Del Raine v. Daniels

United States v. Eatman

United States v. Ewing

Deberry v. Davis

Boese v. Fort Hays State University

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.