House Bill 1109 aims to enhance procedural safeguards in expulsion hearings for students in Colorado. The proposed legislation mandates that school districts provide supporting evidence intended for hearings to students and their guardians at least five business days prior to the hearing. This requirement includes disclosures of written statements and oral testimony from witnesses, allowing students and their guardians the opportunity to cross-examine such witnesses during the proceedings. The bill places the burden of proof on the school district to demonstrate clear and convincing evidence that a student has violated school policies warranting expulsion or denial of admission.
A notable modification proposed by HB 1109 is the necessity for school districts to prove that any alleged misconduct occurring off school grounds poses an imminent threat to other students or school personnel. The bill clarifies that behaviors resulting in delinquency or criminal charges that are unrelated to school-sponsored events cannot be automatically grounds for suspension, expulsion, or denial of admission, thus protecting students from being penalized for actions that are not directly linked to school safety.
Additionally, HB 1109 emphasizes the need for impartiality in the expulsion process. It requires designated hearing officers to recuse themselves from cases where a conflict of interest is present, ensuring fair and unbiased hearings. All individuals acting as hearing officers are also required to receive annual training on state and federal laws regarding school discipline to uphold transparency and legal adherence.
In summary, this bill seeks to reform disciplinary processes within Colorado schools, aiming to protect students’ rights and enhance accountability in school district decision-making. Although supported by some as a necessary progression towards more equitable treatment of students in disciplinary contexts, opposition may arise from stakeholders concerned about the implications of these procedural changes on school safety and order.