C.R.S. Section 22-1-120
Rights of free expression for public school students

(1)

The general assembly declares that students of the public schools have the right to exercise freedom of speech and of the press, and no expression contained in a student publication, whether printed, broadcast, or online, and whether or not such publication is school-sponsored, is subject to prior restraint except for the types of expression described in subsection (3) of this section. An advisor may encourage expression consistent with high standards of English and journalism.

(2)

If a publication written substantially by students is made generally available throughout a public school, it shall be a public forum for students of such school.

(3)

Nothing in this section shall be interpreted to authorize the publication or distribution in any media by students of the following:

(a)

Expression that is obscene;

(b)

Expression that is libelous, slanderous, or defamatory under state law;

(c)

Expression that is false as to any person who is not a public figure or involved in a matter of public concern; or

(d)

Expression that creates a clear and present danger of the commission of unlawful acts, the violation of lawful school regulations, or the material and substantial disruption of the orderly operation of the school or that violates the rights of others to privacy or that threatens violence to property or persons.

(4)

The board of education of each school district shall adopt a written publications code, which shall be consistent with the terms of this section, and shall include reasonable provisions for the time, place, and manner of conducting free expression within the school district’s jurisdiction. The publications code shall be distributed, posted, or otherwise made available to all students and teachers at the beginning of each school year.

(5)

Intentionally left blank —Ed.

(a)

Student editors of school-sponsored student publications shall be responsible for determining the news, opinion, and advertising content of their publications subject to the limitations of this section. It shall be the responsibility of the publications advisor of school-sponsored student publications within each school to supervise the production of such publications and to teach and encourage free and responsible expression and professional standards for English and journalism.

(b)

For the purposes of this section, “publications advisor” means a person whose duties include the supervision of school-sponsored student publications.

(6)

If participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given, the provisions of this section shall not be interpreted to interfere with the authority of the publications advisor for such school-sponsored publication to establish or limit writing assignments for the students working with the publication and to otherwise direct and control the learning experience that the publication is intended to provide.

(7)

No expression made by students in the exercise of freedom of speech or freedom of the press shall be deemed to be an expression of school policy, and no school district or employee, or parent, or legal guardian, or official of such school district shall be held liable in any civil or criminal action for any expression made or published by students.

(8)

Nothing in this section limits the promulgation or enforcement of lawful school regulations designed to control gangs. For the purposes of this section, “gang” has the same meaning as set forth in section 19-2.5-102.

(9)

A public school employee must not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in the conduct authorized pursuant to this section or for refusing to infringe upon conduct that is protected by this section or the first amendment to the United States constitution.

Source: Section 22-1-120 — Rights of free expression for public school students, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑1‑101
Schools defined 22‑1‑102
Residence of child 22‑1‑102.5
Definition of homeless child 22‑1‑103
Policy of state to instruct in English - exceptions 22‑1‑104
Teaching of history, culture, and civil government 22‑1‑104.3
History, culture, social contributions, and civil government in education commission - established - membership - duties 22‑1‑104.5
Teaching of visual arts and performing arts - definitions 22‑1‑104.7
Teaching of Holocaust and genocide studies - definitions 22‑1‑106
Information as to honor and use of flag 22‑1‑107
Pupils to be instructed 22‑1‑108
Federal constitution to be taught 22‑1‑109
Taught at what stages 22‑1‑110
Effect of use of alcohol and controlled substances to be taught 22‑1‑112
School year - national holidays 22‑1‑114
Statements from private schools 22‑1‑115
School census - school age 22‑1‑116
School children - sight and hearing tests 22‑1‑117
Secret fraternities forbidden 22‑1‑118
School board to enforce 22‑1‑119
Students - dispensing of drugs to - liability 22‑1‑119.1
Policy for employee and agent possession and administration of opiate antagonists - definitions 22‑1‑119.2
Policy for employee and agent furnishing non-laboratory synthetic opiate detection tests - definition 22‑1‑119.3
Policy for student possession and administration of prescription medication - rules - definitions 22‑1‑119.5
Asthma, food allergy, and anaphylaxis health management - self-administered medication - staff-administered medication - rules - definitions 22‑1‑120
Rights of free expression for public school students 22‑1‑121
Nonpublic schools - employment of personnel - notification by department of education 22‑1‑122
Transportation token program - legislative declaration - eligibility - fund 22‑1‑123
Protection of student data - parental or legal guardian consent for surveys 22‑1‑124
Sex offender information 22‑1‑125.5
Requirement for certification of public school athletic coaches in cardiopulmonary resuscitation - use of automated external defibrillators - definitions 22‑1‑126
Safe2tell program 22‑1‑127
Incentives for school enrollment or attendance - prohibited - exceptions - definitions 22‑1‑128
Comprehensive human sexuality education - legislative declaration - definitions - guidelines and content standards 22‑1‑129
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - definitions - rules 22‑1‑129.5
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - guidelines and content standards - definition 22‑1‑130
Notice to parents of alleged criminal conduct by school employees - legislative declaration - definitions 22‑1‑131
Online instruction - student protections - short title - definitions 22‑1‑132
Seizure safe schools - action plan - training - rules - short title - definitions 22‑1‑133
Prohibition on use of American Indian mascots - exemptions - definitions 22‑1‑134
Hunter education course - gifts, grants, or donations - definitions 22‑1‑135
Terms and conditions in public school contracts - definitions 22‑1‑135.5
Nondisclosure agreements - protection of school district, board of cooperative services, and public school employees - definitions 22‑1‑136
Student identification cards - information required 22‑1‑138
Information collected and posted on department website 22‑1‑139
Accessible district profile reports - school climate reports and surveys - reporting - definition 22‑1‑140
Corporal punishment prohibited - definition 22‑1‑141
Legal representation - due process complaints - appointments - report - definitions - repeal 22‑1‑142
Tribal regalia at school graduation ceremonies - definitions 22‑1‑143
Harassment or discrimination - policy required - training and notification - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 22-1-120’s source at colorado​.gov