CO Code § 22-25-104 (2021)
2021 Colorado Code|Title 22 - Education|Article 25 - Colorado Comprehensive Health Education Act|§ 22-25-104. Colorado Comprehensive Health Education Program - Role of Department of Education - Recommended Curriculum Guidelines - Allocation of Funds - Rules

  There is hereby created the Colorado comprehensive health education program, which shall be a voluntary program in which school districts, boards of cooperative services, and facility schools may participate through the creation of local comprehensive health education programs, which may include coordination with local student wellness programs. Implementation of the Colorado comprehensive health education program shall be a cooperative effort among the department of education, the Colorado commission on higher education, the department of public health and environment and other health education professionals, and participating school districts and boards of cooperative services.    The department of education shall have the authority to promote the development and implementation of local comprehensive health education programs and local student wellness programs.      With the assistance of parents, school districts, the department of public health and environment, the Colorado commission on higher education, and other interested parties, the department of education shall develop recommended guidelines for the implementation of local comprehensive health education programs and local student wellness programs. The guidelines developed pursuant to this subsection (3) must comply with the requirements of section 22-1-128 and shall apply to all school districts.    The guidelines developed by the department of education pursuant to paragraph (a) of this subsection (3) shall include, but shall not be limited to, the following for preschool, kindergarten, and grades one through twelve:   The recommended information and topics to be covered in the local comprehensive health education program or local student wellness program and the recommended methods of instruction to be used by teachers for such program;    The recommended hours of instruction required to ensure that positive health knowledge, attitudes, and practices are achieved and maintained by the students;    The recommended hours of instruction in physical education required to ensure that students not only develop healthy muscular and cardiovascular systems, but that they also develop skills and knowledge to enable them to remain active and healthy throughout their lifetimes; and    The recommended training the school district, the facility school, or board of cooperative services may require for staff who instruct in local comprehensive health education programs or local student wellness programs.            The department of education shall develop a plan for the training of teachers to provide comprehensive health education and student wellness and shall promote the proper training of staff in health education and in student wellness programs.    As part of the plan to train teachers to instruct in comprehensive health education and student wellness, the Colorado department of education and the Colorado commission on higher education shall cooperatively develop course work or instructor endorsements in health, physical education, and high-risk behaviors education in order that both interested students seeking teacher licensure and practicing teachers may secure endorsement in health education, physical education, and other areas of student wellness. (4.5) The department of education shall identify programs that are evidence-based, culturally sensitive, and reflective of positive youth development guidelines for use by school districts in local comprehensive health education programs related to comprehensive human sexuality education.       Upon the request of a school district or board of cooperative services, the department of education shall provide, within available resources, such technical assistance as may be necessary to develop a local comprehensive health education program or local student wellness program.      Any curriculum and materials developed and used in teaching sexuality and human reproduction shall include values and responsibility and shall give primary emphasis to abstinence by school aged children.    Repealed.    The provisions of paragraph (d) of this subsection (6) shall not apply to a local comprehensive health education program provided by a facility school.    For those schools receiving funds pursuant to this article, school officials must receive prior written consent from a parent or guardian before his or her child is excluded from any program discussing or teaching sexuality and human reproduction. At least two weeks prior to when instruction begins for such a program, each parent must receive an overview of the topics and materials to be presented in the curriculum and a written form allowing him or her to decline to have his or her child participate in the program.       The department of education shall promulgate, in accordance with article 4 of title 24, C.R.S., such rules and regulations as may be necessary to carry out the duties of the department of education as set forth in this article.     History. Source: L. 90: Entire article R&RE, p. 1094, § 62, effective May 31. L. 94: (1) and (3)(a) amended, p. 2737, § 367, effective July 1. L. 2000: (4)(b) amended, p. 1855, § 52, effective August 2; (6) amended, p. 372, § 24, effective April 10. L. 2007: (3)(a) amended, p. 829, § 3, effective July 1. L. 2008: (1), (3)(b)(IV), and (6) amended, p. 1392, § 26, effective May 27; (1) to (5) amended, p. 673, § 4, effective August 5. L. 2013: (3)(a) and (6)(c) amended, (4.5) and (6)(d) added, and (6)(b) repealed,(HB 13-1081), ch. 303, p. 1613, § 5, effective May 28.    Editor's note:    This section is similar to former §§ 22-25-104, 22-25-105, and 22-25-106 as they existed prior to 1990.    Amendments to subsection (1) by House Bill 08-1204 and House Bill 08-1224 were harmonized.    Subsection (3)(b)(IV) was originally numbered as (3)(b)(III), and the amendments to it in House Bill 08-1204 were harmonized with subsection (3)(b)(IV) as amended and renumbered by House Bill 08-1224.     Cross references:   For the legislative declaration contained in the 1994 act amending subsections (1) and (3)(a), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2007 act amending subsection (3)(a), see section 1 of chapter 212, Session Laws of Colorado 2007.