(1)
The following may be grounds for suspension or expulsion of a child from a public
school during a school year:
(a) Continued willful disobedience or open and persistent defiance of proper
authority;
(b) Willful destruction or defacing of school property;
(c) Behavior on or off school property that is detrimental to the welfare or
safety of other pupils or of school personnel, including behavior that creates a
threat of physical harm to the child or to other children; except that, if the child who
creates the threat is a child with a disability pursuant to section 22-20-103 (5), the
child may not be expelled if the actions creating the threat are a manifestation of
the child's disability. However, the child shall be removed from the classroom to an
appropriate alternative setting within the district in which the child is enrolled for a
length of time that is consistent with federal law, during which time the school in
which the student is enrolled shall give priority to and arrange within ten days for a
reexamination of the child's individualized education program to amend his or her
program as necessary to ensure that the needs of the child are addressed in a more
appropriate manner or setting that is less disruptive to other students and is in
accordance with the provisions of article 20 of this title. Nothing in this paragraph
(c) shall be construed to limit a school district's authority to suspend a child with a
disability for a length of time that is consistent with federal law.
(c.5) (I) Declaration as a habitually disruptive student.
(II) For purposes of this paragraph (c.5), habitually disruptive student
means a child who has caused a material and substantial disruption on school
grounds, in a school vehicle, or at a school activity or sanctioned event three or
more times during the course of a school year. Any student who is enrolled in a
public school may be subject to being declared a habitually disruptive student.
(III) The student and the parent, legal guardian, or legal custodian shall have
been notified in writing of each disruption counted toward declaring the student as
habitually disruptive pursuant to this paragraph (c.5), and the student and parent,
legal guardian, or legal custodian shall have been notified in writing and by
telephone or other means at the home or the place of employment of the parent or
legal guardian of the definition of habitually disruptive student.
(IV) (Deleted by amendment, L. 2000, p. 1971, � 12, effective June 2, 2000.)
(d) Committing one of the following offenses on school grounds, in a school
vehicle, or at a school activity or sanctioned event:
(I) Possession of a dangerous weapon without the authorization of the school
or the school district;
(II) The use, possession, or sale of a drug or controlled substance as defined
in section 18-18-102 (5), C.R.S.; or
(III) The commission of an act that, if committed by an adult, would be
robbery pursuant to part 3 of article 4 of title 18, C.R.S., or assault pursuant to part
2 of article 3 of title 18, C.R.S., other than the commission of an act that would be
third degree assault under section 18-3-204, C.R.S., if committed by an adult.
(e) Repeated interference with a school's ability to provide educational
opportunities to other students.
(f) Carrying, using, actively displaying, or threatening with the use of a
firearm facsimile that could reasonably be mistaken for an actual firearm in a
school building or in or on school property. Each school district shall develop a
policy that shall authorize a student to carry, bring, use, or possess a firearm
facsimile on school property for either a school-related or a nonschool-related
activity. Such policy shall also consider student violations under this section on a
case-by-case basis using the individual facts and circumstances to determine
whether suspension, expulsion, or any other disciplinary action, if any, is necessary.
(g) Pursuant to section 22-12-105 (3), making a false accusation of criminal
activity against an employee of an educational entity to law enforcement
authorities or school district officials or personnel.
(1.2) Each school district shall consider each of the following factors before
suspending or expelling a student pursuant to subsection (1) of this section:
(a) The age of the student;
(b) The disciplinary history of the student;
(c) Whether the student has a disability;
(d) The seriousness of the violation committed by the student;
(e) Whether the violation committed by the student threatened the safety of
any student or staff member; and
(f) Whether a lesser intervention would properly address the violation
committed by the student.
(1.5) Notwithstanding any other provision of law, in accordance with the
provisions of 20 U.S.C. sec. 7961, a student who is determined to have brought a
firearm to a school, or to have possessed a firearm at a school, shall be expelled for
a period of not less than one year; except that the superintendent of the student's
school district may modify this requirement for a student on a case-by-case basis if
such modification is in writing.
(2) Subject to the district's responsibilities under article 20 of this title, the
following may be grounds for expulsion from or denial of admission to a public
school, or diversion to an appropriate alternate program:
(a) Physical or mental disability such that the child cannot reasonably
benefit from the programs available;
(b) Physical or mental disability or disease causing the attendance of the
child suffering therefrom to be inimical to the welfare of other pupils.
(3) The following may constitute additional grounds for denial of admission
to a public school:
(a) Graduation from the twelfth grade of any school or receipt of any
document evidencing completion of the equivalent of a secondary curriculum;
(b) Failure to meet the requirements of age, by a child who has reached the
age of six at a time after the beginning of the school year, as fixed by the board of
education of the district in which the child applies for enrollment, as provided in
section 22-1-115;
(c) Having been expelled from any school district during the preceding
twelve months;
(d) Not being a resident of the district, unless otherwise entitled to attend
under the provisions of article 23, 32, or 36 of this title;
(e) Failure to comply with the provisions of part 9 of article 4 of title 25,
C.R.S. Any suspension, expulsion, or denial of admission for such failure to comply
shall not be recorded as a disciplinary action but may be recorded with the
student's immunization record with an appropriate explanation.
(f) Behavior in another school district during the preceding twelve months
that is detrimental to the welfare or safety of other pupils or of school personnel.
(4) (a) Except as provided in paragraph (b) of this subsection (4), a school
district shall prohibit any student who is expelled from a public school of the school
district pursuant to paragraph (c) or (d) of subsection (1) of this section or pursuant
to subsection (1.5) of this section from enrolling or reenrolling in the same school in
which the victim of the offense or member of a victim's immediate family is enrolled
or employed. If the school district has no actual knowledge of the name of the
victim of the offense for which the student was expelled, the provisions of this
subsection (4) shall be implemented only upon request of the victim or a member of
the victim's immediate family.
(b) In any school district that has only one school in which the expelled
student can enroll, the school district shall either:
(I) Prohibit the student expelled from the school district pursuant to
paragraph (c) or (d) of subsection (1) of this section or pursuant to subsection (1.5) of
this section from enrolling or reenrolling in the same school in which the victim of
the offense or member of a victim's immediate family is enrolled or employed; or
(II) Design a schedule for the expelled student that, to the extent possible,
avoids contact between the expelled student and the victim or a member of the
victim's immediate family.
(c) The provisions of this subsection (4) shall not apply to an offense that
constitutes a crime against property.
(d) The provisions of this subsection (4) shall apply only if the expelled
student is convicted, is adjudicated a juvenile delinquent, receives a deferred
judgment, or is placed in a diversion program as a result of committing the offense
for which the student was expelled. Prior to implementation of the provisions of this
subsection (4), the school district shall contact the appropriate court to determine
whether the provisions of this subsection (4) apply to an expelled student. The
school district shall be authorized by the provisions of section 19-1-303 (1)(b), C.R.S.,
to obtain such information.
(e) (I) Notwithstanding any other provision of law to the contrary, any county
or district court shall have original concurrent jurisdiction to issue a temporary or
permanent civil restraining order that enjoins the expelled student from enrolling or
reenrolling in the same school in which the victim of the offense or member of a
victim's immediate family is enrolled or employed.
(II) A motion for a temporary civil restraining order pursuant to this
paragraph (e) shall be set for hearing, which hearing shall be ex parte, at the
earliest possible time and shall take precedence over all matters except those
matters of the same character that have been on the court docket for a longer
period of time. The court shall hear all such motions as expeditiously as possible.
(5) If a student who is participating in online instruction is suspended or
expelled on or after March 23, 2020, in violation of section 22-1-131 (4), the school
district or public school that suspends or expels the student shall revoke the
suspension or expulsion and expunge the suspension or expulsion from the
student's record.
Source: L. 63: p. 864, � 7. C.R.S. 1963: � 123-20-7. L. 73: p. 1280 � 2. L. 78: (3)(e) added, p. 429, � 2, effective April 4. L. 79: (2) amended, p. 788, � 1, effective
June 16; (1)(c) amended, p. 787, � 1, effective July 1; (3)(a) amended, p. 789, � 1,
effective July 1. L. 84: (1)(d) amended, p. 598, � 3, effective April 5. L. 93: (1)(c), (1)(d),
and (3)(c) amended and (1)(e) and (3)(f) added, p. 459, �� 4, 5, effective April 19; (1)(c)
amended, p. 2111, � 1, effective June 9; (1)(c.5) added and (1)(d) amended, p. 453, � 5,
effective July 1. L. 94: (3)(d) amended, p. 560, � 6, effective April 6; (1)(c) amended,
p. 1633, � 40, effective May 31; (1)(d) amended, p. 447, � 2, effective July 1. L. 96: (1)(c.5) and (1)(d) amended, p. 1806, � 3, effective July 1. L. 98: (1)(d)(II)(A) amended
and (1)(d)(III) added, p. 460, � 1, effective April 21; (1)(c.5)(IV) amended, p. 572, � 7,
effective April 30. L. 99: (4) added, p. 394, � 1, effective July 1. L. 2000: (1)(c.5)
amended, p. 1971, � 12, effective June 2. L. 2007: (1)(c) amended, p. 1568, � 14,
effective May 31. L. 2009: (1)(d)(II)(A) amended and (1)(f) added, (SB 09-237), ch.
154, p. 666, �� 1, 2, effective April 21; (1)(c.5)(I) and (1)(c.5)(III) amended, (HB 09-1243), ch. 290, p. 1424, � 4, effective May 21. L. 2010: (1)(c.5)(II) amended, (HB 10-1232), ch. 163, p. 571, � 8, effective April 28; (1)(c) amended, (HB 10-1422), ch. 419, p.
2077, � 43, effective August 11. L. 2012: IP(1), (1)(c.5)(I), (1)(c.5)(II), (1)(c.5)(III), (1)(d),
IP(2), IP(3), (4)(a), and (4)(b)(I) amended and (1)(g), (1.2), and (1.5) added, (HB 12-1345), ch. 188, p. 741, � 26, effective May 19; (1)(d)(I) amended, (HB 12-1311), ch. 281,
p. 1626, � 65, effective July 1. L. 2017: (1.5) amended, (SB 17-294), ch. 264, p. 1396, �
48, effective May 25. L. 2021: (5) added, (HB 21-1059), ch. 200, p. 1061, � 2, effective
May 28. L. 2023: IP(1.2) amended, (HB 23-1291), ch. 296, p. 1776, � 3, effective June
1; IP(1.2) amended, (SB 23-029), ch. 315, p. 1915, � 2, effective August 7.