066 -2- SECTION 1. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that the involvement of parents and 3 legal guardians in school-sponsored academic activities is critical to the 4 successful education of Colorado's children. The general assembly 5 acknowledges and commends those employers that have policies and 6 procedures in place to allow their employees time off from work to attend 7 a child's academic activities, thereby fostering parental involvement their 8 children's education. However, in some cases, parents and legal 9 guardians who have children enrolled in public school are often unaware 10 of the total education their children are receiving because the parents or 11 guardians are unable to take time from work to attend a child's academic 12 activities. Therefore, the general assembly finds, determines, and 13 declares that the enactment of provisions to allow a parent or guardian to 14 attend a child's academic activities without fear of jeopardizing the 15 parent's or guardian's employment will enhance the success of the child 16 in school and ultimately as a citizen of this state. 17 (2) The general assembly also finds, determines, and declares that 18 the participation of parents and legal guardians in their children's school 19 activities is an important element in fostering a productive and positive 20 relationship between family and school. Such participation creates a 21 supportive environment for the children within the school as well as for 22 066 -3- the educators. In such an environment, the educators are able to 1 communicate more frequently with parents and guardians about issues 2 that affect their children, which makes the bonds between the school and 3 the parents or legal guardians stronger and enhances the quality of 4 education obtained by each student. 5 SECTION 2. Title 8, Colorado Revised Statutes, is amended BY 6 THE ADDITION OF A NEW ARTICLE to read: 7 ARTICLE 13.5 8 Parental Involvement in Kindergarten 9 Through Twelfth Grade Education Act 10 8-13.5-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY 11 BE CITED AS THE "PARENTAL INVOLVEMENT IN KINDERGARTEN THROUGH 12 TWELFTH GRADE EDUCATION ACT". 13 8-13.5-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE 14 CONTEXT OTHERWISE REQUIRES: 15 (1) "ACADEMIC ACTIVITY" MEANS, BUT IS NOT LIMITED TO, A 16 PARENT-TEACHER CONFERENCE, TUTORING, OR OTHER ACTIVITY OR EVENT 17 RELATED TO THE EDUCATIONAL ADVANCEMENT OF THE EMPLOYEE'S CHILD 18 OR ANY CHILD FOR WHOM THE EMPLOYEE HAS PRIMARY LEGAL 19 RESPONSIBILITY. 20 21 (2) (a) "EMPLOYEE" MEANS ANY PERSON, OTHER THAN 22 INDEPENDENT CONTRACTORS, DOMESTIC SERVANTS EMPLOYED IN AND 23 ABOUT PRIVATE HOMES, AND FARM AND RANCH LABOR, WORKING FOR 24 ANOTHER FOR HIRE IN THE STATE OF COLORADO IN A NONEXECUTIVE OR 25 NONSUPERVISORY CAPACITY WHO IS THE PARENT OR LEGAL GUARDIAN OF 26 A CHILD ENROLLED IN A PUBLIC OR PRIVATE SCHOOL IN COLORADO FOR 27 066 -4- STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE. 1 (b) "EMPLOYEE" SHALL NOT INCLUDE ANY PERSON WHO IS 2 EMPLOYED BY A LICENSED OR CERTIFIED HOSPITAL OR WHO IS EMPLOYED 3 TO PROVIDE HEALTH CARE TO OTHERS OR TO RESPOND TO EMERGENCIES, 4 INCLUDING, BUT NOT LIMITED TO, FIREFIGHTERS, LAW ENFORCEMENT 5 OFFICERS, EMERGENCY MEDICAL TECHNICIANS, AND OTHER EMERGENCY 6 RESPONDER OR HEALTH CARE PROVIDERS. 7 (3) "EMPLOYER" MEANS A PERSON WHO REGULARLY ENGAGES THE 8 SERVICES OF AT LEAST TWENTY-FIVE EMPLOYEES EMPLOYED IN 9 COLORADO AND INCLUDES THE STATE AND ALL POLITICAL SUBDIVISIONS 10 OF THE STATE. 11 8-13.5-103. Employer policies - leave for involvement in 12 academic activities. (1) BY JULY 1, 2007, AN EMPLOYER THAT DOES NOT 13 HAVE A POLICY OR PROCEDURE IN PLACE REGARDING THE ABILITY OF 14 EMPLOYEES TO TAKE LEAVE FOR THE PURPOSE OF ATTENDING AN 15 ACADEMIC ACTIVITY FOR OR WITH THE EMPLOYEE'S CHILD SHALL DEVELOP 16 A POLICY OR PROCEDURE REGARDING SUCH LEAVE. THE POLICY OR 17 PROCEDURE MAY INCLUDE, BUT NEED NOT BE LIMITED TO, THE 18 FOLLOWING: 19 (a) LIMITATIONS ON THE AMOUNT OF LEAVE THAT AN EMPLOYEE 20 MAY USE FOR ATTENDING A CHILD'S ACADEMIC ACTIVITIES. 21 (b) PROVISIONS CONCERNING WHETHER THE LEAVE IS TO BE PAID 22 OR UNPAID AND WHETHER THE EMPLOYEE MAY USE OTHER FORMS OF 23 ACCRUED PAID LEAVE TO ATTEND A CHILD'S ACADEMIC ACTIVITIES. 24 (c) REQUIREMENTS CONCERNING THE NOTICE AN EMPLOYEE MUST 25 PROVIDE THE EMPLOYER IN ADVANCE OF THE LEAVE AND PROVISIONS 26 ALLOWING EXCEPTIONS TO THE NOTICE REQUIREMENTS. 27 (d) PROVISIONS REQUIRING EMPLOYEES TO MAKE REASONABLE 1 EFFORTS TO SCHEDULE A CHILD'S ACADEMIC ACTIVITIES FOR WHICH LEAVE 2 MAY BE TAKEN OUTSIDE OF REGULAR WORK HOURS. 3 SECTION 3. Effective date. (1) This act shall take effect July 4 1, 2007. 5 (2) However, if a referendum petition is filed against this act or 6 an item, section, or part of this act during the 90-day period after final 7 adjournment of the general assembly that is allowed for submitting a 8 referendum petition pursuant to article V, section 1 (3) of the state 9 constitution, then the act, item, section, or part, shall not take effect unless 10 approved by the people at a biennial regular general election and shall 11 take effect on the date specified in subsection (1) or on the date of the 12 official declaration of the vote thereon by proclamation of the governor, 13 whichever is later. 14 15