(1) No child
who has attained the age of six years and is under the age of twenty-one shall be
suspended or expelled from or be denied admission to the public schools, except as
provided by this article.
(2) In addition to the powers provided in section 22-32-110, the board of
education of each district may:
(a) Delegate to any school principal within the school district or to a person
designated in writing by the principal the power to suspend a pupil in his school for
not more than five school days on the grounds stated in section 22-33-106 (1)(a),
(1)(b), (1)(c), or (1)(e) or not more than ten school days on the grounds stated in
section 22-33-106 (1)(d);
(b) Suspend, on the grounds stated in section 22-33-106, a pupil from school
for not more than another ten school days, or may delegate such power to its
executive officer; except that the latter may extend a suspension to an additional
ten school days if necessary in order to present the matter to the next meeting of
the board of education, but the total period of suspension pursuant to this
paragraph (b) and paragraph (a) of this subsection (2) shall not exceed twenty-five
school days; and
(c) Deny admission to, or expel for any period not extending beyond one year,
any student whom the board of education, in accordance with the limitations
imposed by this article 33, determines does not qualify for admission to, or
continued attendance at, the public schools of the district. A board of education
may delegate such powers to its executive officer or to a designee who serves as a
hearing officer.
(2.3) (a) If an expulsion hearing is requested by a school district, a student, or
the student's parent, guardian, or legal custodian, the school district has the burden
of proving by a preponderance of the evidence that the student violated section 22-33-106 and the school district's policy.
(b) If an expulsion hearing is requested pursuant to subsection (2.3)(a) of this
section by a school district, a student, or the student's parent, guardian, or legal
custodian, the school district seeking to expel or deny admission to the student
shall provide all records that the school district intends to use as supporting
evidence for expulsion or denial of admission to the student or the student's parent,
guardian, or legal custodian at least two business days in which school is in session
prior to the expulsion hearing. Upon discovery of a record not previously provided,
the school district shall immediately provide the record to the student or the
student's parent, guardian, or legal custodian.
(c) If an executive officer acting as a hearing officer conducts an expulsion
hearing pursuant to subsection (2.3)(a) of this section, the executive officer shall
create a report with findings of fact and recommendations, including specific
findings regarding the factors set forth in section 22-33-106 (1.2). If a designee
acting as a hearing officer conducts a hearing, the designee shall forward findings
of fact and recommendations to the executive officer at the conclusion of the
expulsion hearing, including specific findings regarding the factors set forth in
section 22-33-106 (1.2). An executive officer shall render a written opinion that
imposes or refrains from imposing disciplinary action within five business days after
an expulsion hearing is conducted by the executive officer or by a designee acting
as a hearing officer. The executive officer shall provide the written opinion to the
student or the student's parent, guardian, or legal custodian. The executive officer
shall report on each case acted upon at the next meeting of the board of education,
briefly describing the circumstances and the reasons for the executive officer's
opinion.
(d) A student who is denied admission or expelled as a result of the hearing
described in subsection (2.3)(a) of this section has ten business days after the
decision of the executive officer is rendered to appeal the decision to the board of
education, after which time the decision to grant or deny the appeal is at the
discretion of the board of education. The appeal must consist of a review of the
facts presented and determined at the hearing conducted by the executive officer
or by a designee acting as a hearing officer, arguments relating to the decision, and
questions of clarification from the board of education. If the board of education
upholds the determination of the executive officer to expel or deny admission to a
student, the student is entitled to a review of the decision of the board of education
in accordance with section 22-33-108.
(2.4) (a) A hearing officer must not have a conflict of interest with regard to a
student under consideration for expulsion or denial of admission, or toward any
alleged victim. A school district must ensure that any person acting as a hearing
officer receives training on how to serve impartially, including avoiding
prejudgment of the facts at issue and conflicts of interest. The training must be
included as part of the training program offered by the department of education
pursuant to subsection (2.4)(c) of this section.
(b) An executive officer involved in investigating or reporting an incident that
leads to a hearing that could result in suspension, expulsion, or denial of admission
of a student shall not act as a hearing officer. Instead, the executive officer shall
delegate such powers to a designee who is not involved in investigating or reporting
the incident.
(c) (I) On or before June 30, 2024, the department of education shall create
and maintain the online training program for hearing officers who conduct
expulsion hearings. The department of education shall collaborate with
stakeholders on the creation of the online training program, which may occur
virtually by video or audio.
(II) (A) Beginning January 1, 2025, school districts and the state charter
school institute shall require hearing officers to complete an initial five-hour
training program within thirty days after the date the hearing officer starts work as
a hearing officer.
(B) In addition to the initial five-hour training completed pursuant to
subsection (2.4)(c)(II)(A) of this section, hearing officers shall complete an annual
training program to stay informed on school discipline updates.
(III) Training must include information on the following:
(A) Child and adolescent brain development;
(B) Restorative justice;
(C) Alternatives to expulsion;
(D) Trauma-informed practices;
(E) Conflict and bias in discipline, suspension, and expulsion; and
(F) Requirements and implementation of the applicable portions of the
federal Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., as
amended; section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. sec.
794, as amended; the federal Family Educational Rights and Privacy Act of 1974,
20 U.S.C. sec. 1232g, as amended; the Exceptional Children's Educational Act,
article 20 of this title 22; and the School Attendance Law of 1963, established
pursuant to this article 33.
(IV) Beginning January 1, 2025, it is an abuse of discretion if a hearing officer
presides over an expulsion hearing and has not completed the required training
pursuant to this subsection (2.4).
(V) A school district, a district charter school authorized to suspend or expel
students, or the state charter school institute may develop and provide a training
program to hearing officers and school administrators. The training program must
meet or exceed the requirements set forth in subsections (2.4)(c)(II) and (2.4)(c)(III)
of this section.
(2.5) Each board of education shall annually report to the state board the
number of students expelled from schools within the district pursuant to this
section and pursuant to section 25-4-907, C.R.S. Any pupil who is expelled
pursuant to this section shall not be included in calculating the dropout rate for the
school from which such student is expelled or in calculating the dropout rate for
the school district in which such pupil was enrolled prior to being expelled.
(3) (a) If a pupil is suspended pursuant to subsection (2) of this section, the
suspending authority shall immediately notify the parent, guardian, or legal
custodian of the pupil that the pupil has been suspended and of the grounds for the
suspension, the period of the suspension, and the time and place for the parent,
guardian, or legal custodian to meet with the suspending authority to review the
suspension.
(b) Except as provided in paragraph (c) of this subsection (3), a suspended
pupil shall:
(I) Be required to leave the school building and the school grounds
immediately, following a determination by the parent, guardian, or legal custodian
and the school of the best way to transfer custody of the pupil to the parent,
guardian, or legal custodian; and
(II) Not be readmitted to a public school until a meeting between the parent,
guardian, or legal custodian and the suspending authority has taken place or until,
in the discretion of the suspending authority, the parent, guardian, or legal
custodian of the suspended pupil has substantially agreed to review the suspension
with such suspending authority; except that, if the suspending authority cannot
contact the parent, guardian, or legal custodian of such pupil or if such parent,
guardian, or legal custodian repeatedly fails to appear for scheduled meetings, the
suspending authority may readmit the pupil. The meeting shall address whether
there is a need to develop a remedial discipline plan for the pupil in an effort to
prevent further disciplinary action.
(c) A pupil suspended for a period of ten days or less shall receive an
informal hearing by the school principal or the principal's designee prior to the
pupil's removal from school, unless an emergency requires immediate removal from
school, in which case an informal hearing shall follow as soon after the pupil's
removal as practicable. Any pupil suspended for more than ten days shall be given
the opportunity to request a review of the suspension before an appropriate official
of the school district.
(d) The suspending authority shall:
(I) Make every reasonable effort to meet with the parent, guardian, or legal
custodian of the pupil during the period of suspension;
(II) Not extend a period of suspension because of the failure of the
suspending authority to meet with the parent, guardian, or legal custodian during
the period of suspension;
(III) Provide an opportunity for a pupil to make up school work during the
period of suspension for full or partial academic credit to the extent possible. The
intent of this provision is to provide an opportunity for the pupil to reintegrate into
the educational program of the district and to help prevent the pupil from dropping
out of school because of an inability to reintegrate into the educational program
following the period of suspension. The school district should take this intent into
consideration when determining the amount of credit a student will receive for this
makeup work.
(4) The board of education of each district shall establish, as an alternative
to suspension, a policy that allows the pupil to remain in school by encouraging the
parent, guardian, or legal custodian, with the consent of the pupil's teacher or
teachers, to attend class with the pupil for a period of time specified by the
suspending authority. If the parent, guardian, or legal custodian does not agree to
attend class with the pupil or fails to attend class with the pupil, the pupil shall be
suspended in accordance with the conduct and discipline code of the district.
(4.5) The board of education of each district shall adopt a policy that states a
student must not be expelled or denied admission unless the school district
considers whether alternative remedies are appropriate and whether excluding the
student from school is necessary to preserve the learning environment.
(5) (a) Whenever a petition filed in juvenile court alleges that a child at least
twelve years of age but under eighteen years of age has committed an offense that
would constitute unlawful sexual behavior, as defined in section 16-22-102 (9),
C.R.S., or a crime of violence, as defined in section 18-1.3-406, C.R.S., if committed
by an adult or whenever charges filed in district court allege that a child has
committed such an offense, basic identification information concerning such child
and the details of the alleged delinquent act or offense shall be provided
immediately to the school district in which the child is enrolled in accordance with
the provisions of section 19-1-304 (5), C.R.S. Upon receipt of such information, the
board of education of the school district or its designee shall determine whether
the student has exhibited behavior that is detrimental to the safety, welfare, and
morals of the other students or of school personnel in the school and whether
educating the student in the school may disrupt the learning environment in the
school, provide a negative example for other students, or create a dangerous and
unsafe environment for students, teachers, and other school personnel. The
determination may be made in executive session to the extent allowed by section
24-6-402 (4)(h), C.R.S. If the board of education or its designee, in accordance with
the provisions of this subsection (5), makes a determination that the student should
not be educated in the school, it may proceed with suspension or expulsion in
accordance with subsection (2) of this section and section 22-33-106. Alternatively,
the board of education or its designee may determine that it will wait until the
conclusion of the juvenile proceedings to consider the expulsion matter, in which
case it shall be the responsibility of the district to provide the student with an
appropriate alternate education program, including but not limited to an online
program or online school authorized pursuant to article 30.7 of this title, or a home-based education program during the period pending the resolution of the juvenile
proceedings. Information made available to the school district and not otherwise
available to the public pursuant to the provisions of section 19-1-304, C.R.S., shall
remain confidential.
(b) No student who is being educated in an alternate education program or a
home-based education program pursuant to paragraph (a) of this subsection (5)
shall be allowed to return to the education program in the public school until there
has been a disposition of the charge. If the student pleads guilty, is found guilty, or
is adjudicated a delinquent juvenile, the school district may proceed in accordance
with section 22-33-106 to expel the student. The time that a student spends in an
alternate education program pursuant to paragraph (a) of this subsection (5) shall
not be considered a period of expulsion.
(c) No court which has jurisdiction over the charges against a student who is
subject to the provisions of this subsection (5) shall issue an order requiring the
student to be educated in the education program in the school in contradiction of
the provisions of this subsection (5).
(6) When a pupil is expelled by a school district, the pupil's parent, guardian,
or legal custodian is responsible for seeing that the pupil complies with the
provisions of this article during the period of expulsion.
(7) (a) Notwithstanding any other provision of this part 1 to the contrary:
(I) An institute charter school authorized pursuant to part 5 of article 30.5 of
this title 22 may carry out the functions of a suspending authority pursuant to this
section; and
(II) The state charter school institute created in part 5 of article 30.5 of this
title 22 may carry out the functions of a school district and its board of education
with respect to the suspension, expulsion, or denial of admission of a student to an
institute charter school.
(b) If a district charter school, authorized pursuant to part 1 of article 30.5 of
this title 22, is authorized to suspend or expel students as stipulated in the charter
school contract pursuant to section 22-30.5-106 (1)(p), the district charter school
shall comply with this section.