SB23-296: Student Protections Against Discriminatory Practices at School

• Creates comprehensive state protections against harassment and discrimination based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry, applying standards separate from and complementary to federal Title IX protections.

• Requires schools to accept harassment reports in multiple formats (written, in-person, phone, email, online) and complete investigations within 60 days using preponderance of the evidence standard, with allowable 30-day extensions for good cause or law enforcement requests.

• Mandates schools provide written status updates every 15 business days, grant equal advisor rights to parties, offer immediate supportive measures (counseling, course adjustments, schedule modifications, contact restrictions), and grant excused absences for harassment-related appointments without requiring formal findings first.

• Requires schools to adopt written policies by July 1, 2024 prohibiting use of harassment reports against complainants for unrelated school code violations like consensual activity, drug/alcohol use, or truancy, and prohibits retaliation against reporting students.

• Mandates employee training on harassment recognition, trauma-informed response, and supportive measures beginning July 1, 2024, with reports to the Department of Education and Sexual Misconduct Advisory Committee on investigation timelines and bias types by October 1, 2025 and annually thereafter.