(1)Upon
expelling a student, the school district shall provide information to the student's
parent or guardian concerning the educational alternatives available to the student
during the period of expulsion. If the parent or guardian chooses to provide a home-based educational program for the student, the school district shall assist the
parent in obtaining appropriate curricula for the student if requested by the parent
or guardian.
(2)(a) Except as otherwise provided in subsection (2)(b) of this section, upon
request of a student or the student's parent or guardian, the school district shall
provide, for any student who is expelled from the school district, any educational
services that are deemed appropriate for the student by the school district. The
educational services pr
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(1) Upon
expelling a student, the school district shall provide information to the student's
parent or guardian concerning the educational alternatives available to the student
during the period of expulsion. If the parent or guardian chooses to provide a home-based educational program for the student, the school district shall assist the
parent in obtaining appropriate curricula for the student if requested by the parent
or guardian.
(2) (a) Except as otherwise provided in subsection (2)(b) of this section, upon
request of a student or the student's parent or guardian, the school district shall
provide, for any student who is expelled from the school district, any educational
services that are deemed appropriate for the student by the school district. The
educational services provided must be designed to enable the student to return to
the school in which he or she was enrolled prior to expulsion, to successfully
complete the high school equivalency examination, or to enroll in a nonpublic
school or in an alternative school, including but not limited to a charter school. The
expelling school district shall determine the amount of credit the student must
receive toward graduation for the educational services provided pursuant to this
section.
(b) The educational services provided pursuant to this section are designed
to provide a second chance for the student to succeed in achieving an education.
While receiving educational services, a student may be suspended or expelled
pursuant to the conduct and discipline code of the school district providing the
educational services and the provisions of part 1 of this article 33. Except as
required by federal law, the expelling school district is not required to provide
educational services to any student who is suspended or expelled while receiving
educational services pursuant to this section until the period of the suspension or
expulsion is completed.
(c) (I) Educational services provided pursuant to this section shall be
provided by the expelling school district; except that the expelling school district
may provide educational services either directly or pursuant to an agreement with
one or more other school districts, boards of cooperative services, charter schools,
or nonpublic schools. Any program of educational services provided by a nonpublic
school is subject to approval by the state board of education pursuant to section
22-2-107.
(II) Educational services may be provided by the school district through
agreements entered into pursuant to section 22-33-204. The expelling school
district need not provide the educational services on school district property. Any
expelled student receiving educational services shall be included in the expelling
school district's pupil enrollment as defined in section 22-54-103 (10).
(d) If an expelled student is receiving educational services delivered by a
school district other than the expelling school district, by a charter school in a
school district other than the expelling school district, by a board of cooperative
services, or by a nonpublic school, pursuant to an agreement entered into pursuant
to subsection (2)(c)(I) of this section, the expelling school district shall transfer
ninety-five percent of the district per-pupil revenues, as defined in section 22-30.5-112 (2)(a.5)(II) to the school district, charter school, nonpublic school, or board of
cooperative services that is providing educational services, reduced in proportion to
the amount of time remaining in the school year at the time the student begins
receiving educational services.
(e) Any school district, charter school, nonpublic school, or board of
cooperative services that is providing educational services to expelled students
pursuant to this subsection (2) may apply for money through the expelled student
services grant program established in section 22-33-205 to assist in providing
educational services.
(3) If a student is expelled and the student is not receiving educational
services pursuant to this section, the school district shall contact the expelled
student's parent or guardian at least once every sixty days until the beginning of
the next school year to determine whether the student is receiving educational
services from some other source; except that the school district need not contact a
student's parent or guardian after the student is enrolled in another school district
or in an independent or parochial school or if the student is committed to the
department of human services or is sentenced pursuant to article 2.5 of title 19.
(4) In addition to the educational services required under this section, a
student who is at risk of dropping out of school due to chronic absenteeism or
disciplinary actions or has been suspended or expelled, or the student's parent or
guardian, may request any of the services provided by the school district through
an agreement entered into pursuant to section 22-33-204, and the school district
may provide such services.