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Colorado House Bill HB1109

Colorado 2023 Regular Session

Colorado House Bill HB1109 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 23-0118.01 Alana Rosen x2606
88 HOUSE BILL 23-1109
99 House Committees Senate Committees
1010 Education
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING MEASURES TO IMPROVE SCHOOL POLICIES THAT IMPACT101
1414 STUDENT CONDUCT .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov.)
2121 The bill requires a school district to implement additional
2222 procedural safeguards for an expulsion hearing (hearing). A school
2323 district is required to provide all records that the school district intends to
2424 use as supporting evidence in a hearing to the student or the student's
2525 parent, guardian, or legal custodian at least 5 business days prior to the
2626 hearing. If a school district intends to present written statements or oral
2727 HOUSE SPONSORSHIP
2828 Gonzales-Gutierrez and Joseph,
2929 SENATE SPONSORSHIP
3030 Winter F.,
3131 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3232 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3333 Dashes through the words or numbers indicate deletions from existing law. testimony from witnesses during the hearing, the student and the student's
3434 parent, guardian, or legal custodian must be notified at least 5 business
3535 days prior to the hearing of the contents of the written statement or oral
3636 testimony provided to the school district. The student and the student's
3737 parent, guardian, or legal custodian have the right to cross-examine
3838 adverse witnesses who provide a written statement or oral testimony to
3939 the school district.
4040 During the hearing, the school district has the burden of presenting
4141 clear and convincing evidence to demonstrate that the student violated
4242 state law and the school district's policy, and that excluding the student
4343 from the learning environment through expulsion or denial of admission
4444 is necessary. Following the hearing, the executive officer or designee
4545 acting as a hearing officer is required to report findings of fact, findings
4646 regarding mitigating factors, and recommendations.
4747 Current law permits a student to be suspended, expelled, or denied
4848 admission for behavior on or off school property that is detrimental to the
4949 welfare or safety of other students or school personnel. The bill requires
5050 a school district or enrolling school district to demonstrate that a student's
5151 behavior off school grounds poses an imminent threat to other students
5252 or school personnel by establishing a direct and substantial nexus between
5353 the student's alleged conduct committed off school grounds and the risk
5454 of physical harm to other students or school personnel. Behavior that
5555 occurs off school grounds that results in delinquency or criminal charges
5656 and is unrelated to a school-sponsored event is not automatic grounds for
5757 suspension, expulsion, or denial of admission. For a hearing concerning
5858 a student whose alleged conduct occurred off school grounds, the
5959 executive officer or designee acting as a hearing officer is required to
6060 report findings of fact that establish a direct and substantial nexus
6161 between the student's behavior and the risk of physical harm to other
6262 students and school personnel.
6363 Current law allows a school district board of education (board) to
6464 delegate its power to its executive officer or to a designee who serves as
6565 a hearing officer to expel or deny admission to a student. The bill requires
6666 the individual who serves as the board's hearing officer to agree to recusal
6767 if a conflict of interest occurs that interferes with the individual's duty to
6868 act as an impartial hearing officer. An executive officer, a designee, or
6969 any individual acting as a hearing officer is also required to participate in
7070 an annual training on state and federal school discipline laws.
7171 Be it enacted by the General Assembly of the State of Colorado:1
7272 SECTION 1. In Colorado Revised Statutes, 22-33-105, amend2
7373 (2)(c) and (2.5); and add (2.3) and (2.4) as follows:3
7474 HB23-1109-2- 22-33-105. Suspension, expulsion, and denial of admission.1
7575 (2) In addition to the powers provided in section 22-32-110, the board of2
7676 education of each district may:3
7777 (c) Deny admission to, or expel for any period not extending4
7878 beyond one year, any child STUDENT whom the board of education, in5
7979 accordance with the limitations imposed by this article, shall determine6
8080 ARTICLE 33, DETERMINES does not qualify for admission to, or continued7
8181 attendance at, the public schools of the district. A
8282 SCHOOL DISTRICT SHALL8
8383 NOT EXPEL OR DENY ADMISSION TO ANY STUDENT WHOSE CONDUCT9
8484 OCCURRED OR ALLEGEDLY OCCURRED THREE HUNDRED SIXTY -FIVE DAYS10
8585 OR MORE PRIOR TO THE SCHOOL DISTRICT SEEKING TO EXPEL OR DENY11
8686 ADMISSION TO A STUDENT. A STUDENT WHOM THE BOARD OF EDUCATION12
8787 IS ATTEMPTING TO EXPEL OR DENY ADMISSION TO HAS THE RIGHT TO A13
8888 HEARING AT WHICH EVIDENCE MAY BE PRESENTED . A board of education14
8989 may delegate such powers to its executive officer or to a designee who15
9090 shall serve
9191 SERVES as a hearing officer. If the hearing is conducted by a16
9292 designee acting as a hearing officer, the hearing officer shall forward17
9393 findings of fact and recommendations to the executive officer at the18
9494 conclusion of the hearing. The executive officer shall render a written19
9595 opinion within five days after a hearing conducted by the executive20
9696 officer or by a hearing officer. The executive officer shall report on each21
9797 case acted upon at the next meeting of the board of education, briefly22
9898 describing the circumstances and the reasons for the executive officer's23
9999 action. A child who is denied admission or expelled as an outcome of the24
100100 hearing shall have ten days after the denial of admission or expulsion to25
101101 appeal the decision of the executive officer to the board of education,26
102102 after which time the decision to grant or deny the appeal shall be at the27
103103 HB23-1109
104104 -3- discretion of the board of education. The appeal shall consist of a review1
105105 of the facts that were presented and that were determined at the hearing2
106106 conducted by the executive officer or by a designee acting as a hearing3
107107 officer, arguments relating to the decision, and questions of clarification4
108108 from the board of education. No board of education shall deny admission5
109109 to, or expel, any child without a hearing, if one is requested by the parent,6
110110 guardian, or legal custodian of the child, at which evidence may be7
111111 presented in the child's behalf. If the child is denied admission or8
112112 expelled, the child shall be entitled to a review of the decision of the9
113113 board of education in accordance with section 22-33-108.10
114114 (2.3) (a) (I) I
115115 F AN EXECUTIVE OFFICER OR A DESIGNEE ACTING AS11
116116 A HEARING OFFICER CONDUCTS AN EXPULSION HEARING PURSUANT TO12
117117 SUBSECTION (2)(c) OF THIS SECTION, THE OFFICER OR DESIGNEE SHALL13
118118 CREATE A REPORT WITH FINDINGS OF FACT AND MAKE14
119119 RECOMMENDATIONS . IF A DESIGNEE ACTING AS A HEARING OFFICER15
120120 CONDUCTS A HEARING, THE DESIGNEE SHALL REPORT TO THE EXECUTIVE16
121121 OFFICER AT THE CONCLUSION OF THE EXPULSION HEARING . THE17
122122 EXECUTIVE OFFICER OR THE DESIGNEE ACTING AS THE HEARING OFFICER18
123123 SHALL REPORT SPECIFIC FINDINGS REGARDING THE FACTORS SET FORTH IN19
124124 SECTION 22-33-106 (1.2).20
125125 (II) I
126126 F AN EXECUTIVE OFFICER OR DESIGNEE ACTING AS A HEARING21
127127 OFFICER CONDUCTS AN EXPULSION HEARING REGARDING A STUDENT 'S22
128128 BEHAVIOR OFF SCHOOL GROUNDS PURSUANT TO SECTION 22-33-10623
129129 (1)(c.2),
130130 THE REPORT OF THE OFFICER OR DESIGNEE MUST INCLUDE FACTS24
131131 THAT ESTABLISH A DIRECT AND SUBSTANTIAL NEXUS BETWEEN THE25
132132 STUDENT'S ALLEGED CONDUCT COMMITTED OFF SCHOOL GROUNDS AND26
133133 THE RISK OF PHYSICAL HARM TO OTHER STUDENTS OR SCHOOL PERSONNEL .27
134134 HB23-1109
135135 -4- (b) IF AN EXPULSION HEARING, AS DESCRIBED IN SUBSECTION (2)(c)1
136136 OF THIS SECTION, IS REQUESTED BY EITHER A SCHOOL DISTRICT , A2
137137 STUDENT, OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN,3
138138 THE SCHOOL DISTRICT HAS THE BURDEN OF PRESENTING CLEAR AND4
139139 CONVINCING EVIDENCE TO DEMONSTRATE THAT THE STUDENT VIOLATED5
140140 SECTION 22-33-106 AND THE SCHOOL DISTRICT 'S POLICY, AND THAT6
141141 EXCLUDING THE STUDENT FROM THE LEARNING ENVIRONMENT THROUGH7
142142 EXPULSION OR DENIAL OF ADMISSION IS NECESSARY .8
143143 (c) (I) I
144144 F AN EXPULSION HEARING, AS DESCRIBED IN SUBSECTION9
145145 (2)(c)
146146 OF THIS SECTION, IS REQUESTED BY EITHER A SCHOOL DISTRICT OR10
147147 A STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN,11
148148 THE SCHOOL DISTRICT SEEKING TO EXPEL OR DENY ADMISSION TO THE12
149149 STUDENT SHALL PROVIDE ALL RECORDS THAT THE SCHOOL DISTRICT13
150150 INTENDS TO USE AS SUPPORTING EVIDENCE FOR EXPULSION OR DENIAL OF14
151151 ADMISSION TO THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR15
152152 LEGAL CUSTODIAN AT LEAST FIVE BUSINESS DAYS PRIOR TO THE16
153153 EXPULSION HEARING. UPON DISCOVERY OF A RECORD NOT PREVIOUSLY17
154154 PROVIDED, THE SCHOOL DISTRICT SHALL IMMEDIATELY PROVIDE THE18
155155 RECORD TO THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR19
156156 LEGAL CUSTODIAN. IF CRITICAL EVIDENCE IS DISCOVERED LESS THAN20
157157 TWELVE HOURS BEFORE A HEARING , THE SCHOOL DISTRICT SHALL21
158158 IMMEDIATELY PROVIDE THE RECORD TO THE STUDENT 'S PARENT,22
159159 GUARDIAN, OR LEGAL CUSTODIAN AND THE HEARING MUST BE23
160160 RESCHEDULED TO ALLOW THE STUDENT OR THE STUDENT 'S PARENT,24
161161 GUARDIAN, OR LEGAL CUSTODIAN TIME TO REVIEW THE RECORD .25
162162 (II) I
163163 F THE SCHOOL DISTRICT INTENDS TO PRESENT WRITTEN26
164164 STATEMENTS OR ORAL TESTIMONY AT AN EXPULSION HEARING , THE27
165165 HB23-1109
166166 -5- STUDENT AND THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN1
167167 MUST BE NOTIFIED AT LEAST FIVE BUSINESS DAYS PRIOR TO THE HEARING2
168168 OF THE CONTENT OF THE STATEMENT OR TESTIMONY AND THE IDENTITY OF3
169169 THE WITNESS GIVING THE STATEMENT OR TESTIMONY . THE STUDENT AND4
170170 THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN HAVE THE5
171171 RIGHT TO CROSS-EXAMINE AN ADVERSE WITNESS WHO PROVIDES A6
172172 WRITTEN STATEMENT OR ORAL TESTIMONY TO THE SCHOOL DISTRICT . IF7
173173 THERE IS CONCERN FOR THE SAFETY OR PRIVACY OF A WITNESS WHO8
174174 PROVIDES A WRITTEN STATEMENT OR ORAL TESTIMONY TO THE SCHOOL9
175175 DISTRICT, THE EXECUTIVE OFFICER OR DESIGNEE ACTING AS THE HEARING10
176176 OFFICER MAY CONDUCT THE CROSS -EXAMINATION.11
177177 (d) (I) A
178178 N EXECUTIVE OFFICER SHALL RENDER A WRITTEN OPINION12
179179 THAT IMPOSES OR REFRAINS FROM IMPOSING DISCIPLINARY ACTION WITHIN13
180180 FIVE BUSINESS DAYS AFTER AN EXPULSION HEARING PURSUANT TO14
181181 SUBSECTION (2)(c) OF THIS SECTION IS CONDUCTED BY THE EXECUTIVE15
182182 OFFICER OR BY A DESIGNEE ACTING AS A HEARING OFFICER . THE16
183183 EXECUTIVE OFFICER SHALL PROVIDE THE WRITTEN OPINION TO THE17
184184 STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.18
185185 T
186186 HE EXECUTIVE OFFICER SHALL REPORT ON EACH CASE ACTED UPON AT19
187187 THE NEXT MEETING OF THE BOARD OF EDUCATION , BRIEFLY DESCRIBING20
188188 THE CIRCUMSTANCES AND THE REASONS FOR THE EXECUTIVE OFFICER 'S21
189189 OPINION.22
190190 (II) I
191191 F THE EXPULSION HEARING CONCERNED A STUDENT 'S ALLEGED23
192192 CONDUCT COMMITTED OFF SCHOOL GROUNDS AS SET FORTH IN SECTION24
193193 22-33-106 (1)(c.2),
194194 THE WRITTEN OPINION DESCRIBED IN SUBSECTION25
195195 (2.3)(d)(I)
196196 OF THIS SECTION MUST INCLUDE FACTS ESTABLISHING A DIRECT26
197197 AND SUBSTANTIAL NEXUS BETWEEN THE STUDENT 'S ALLEGED CONDUCT27
198198 HB23-1109
199199 -6- COMMITTED OFF SCHOOL GROUNDS AND THE RISK OF PHYSICAL HARM TO1
200200 OTHER STUDENTS OR SCHOOL PERSONNEL .2
201201 (e) A
202202 STUDENT WHO IS DENIED ADMISSION OR EXPELLED AS A3
203203 RESULT OF THE HEARING DESCRIBED IN SUBSECTION (2)(c) OF THIS4
204204 SECTION HAS TEN BUSINESS DAYS AFTER THE DECISION OF THE EXECUTIVE5
205205 OFFICER IS RENDERED TO APPEAL THE DECISION TO THE BOARD OF6
206206 EDUCATION, AFTER WHICH TIME THE DECISION TO GRANT OR DENY THE7
207207 APPEAL IS AT THE DISCRETION OF THE BOARD OF EDUCATION . THE APPEAL8
208208 MUST CONSIST OF A REVIEW OF THE FACTS PRESENTED AND DETERMINED9
209209 AT THE HEARING CONDUCTED BY THE EXECUTIVE OFFICER OR BY A10
210210 DESIGNEE ACTING AS A HEARING OFFICER, ARGUMENTS RELATING TO THE11
211211 DECISION, AND QUESTIONS OF CLARIFICATION FROM THE BOARD OF12
212212 EDUCATION. IF THE BOARD OF EDUCATION UPHOLDS THE DETERMINATION13
213213 OF THE EXECUTIVE OFFICER TO EXPEL OR DENY ADMISSION TO A STUDENT ,14
214214 THE STUDENT IS ENTITLED TO A REVIEW OF THE DECISION OF THE BOARD15
215215 OF EDUCATION IN ACCORDANCE WITH SECTION 22-33-108.16
216216 (2.4) (a) U
217217 PON A BOARD OF EDUCATION'S DELEGATION OF POWER17
218218 TO AN EXECUTIVE OFFICER OR TO A DESIGNEE WHO SERVES AS A HEARING18
219219 OFFICER PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION, THE19
220220 EXECUTIVE OFFICER OR DESIGNEE MUST AGREE TO BE RECUSED IF A20
221221 CONFLICT OF INTEREST OCCURS. A CONFLICT OF INTEREST INCLUDES, BUT21
222222 IS NOT LIMITED TO:22
223223 (I) A
224224 RELATIONSHIP TO AN INDIVIDUAL INVOLVED IN THE ALLEGED23
225225 INCIDENT; OR24
226226 (II) A
227227 RELATIONSHIP TO AN INDIVIDUAL INVOLVED IN THE25
228228 INVESTIGATION OR REPORTING OF AN INCIDENT .26
229229 (b) A
230230 N EXECUTIVE OFFICER INVOLVED IN INVESTIGATING OR27
231231 HB23-1109
232232 -7- REPORTING AN INCIDENT THAT LEADS TO A HEARING THAT COULD RESULT1
233233 IN SUSPENSION, EXPULSION, OR DENIAL OF ADMISSION OF A STUDENT2
234234 SHALL NOT ACT AS A HEARING OFFICER . INSTEAD, A SCHOOL DISTRICT3
235235 BOARD OF EDUCATION SHALL DELEGATE ITS POWERS TO A DESIGNEE WHO4
236236 IS NOT INVOLVED IN INVESTIGATING OR REPORTING THE INCIDENT .5
237237 (c) A
238238 N EXECUTIVE OFFICER OR A DESIGNEE ACTING AS A HEARING6
239239 OFFICER SHALL PARTICIPATE IN AN ANNUAL TRAINING ON STATE SCHOOL7
240240 DISCIPLINE LAW, INCLUDING HOW TO WEIGH THE FACTORS DESCRIBED IN8
241241 SECTION 22-33-106 (1.2). TRAINING MUST INCLUDE INFORMATION ON THE9
242242 REQUIREMENTS AND IMPLEMENTATION OF THE FEDERAL "INDIVIDUALS10
243243 WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS11
244244 AMENDED; SECTION 504 OF THE FEDERAL "REHABILITATION ACT OF 1973",12
245245 29
246246 U.S.C. SEC. 794, AS AMENDED; AND THE "EXCEPTIONAL CHILDREN'S13
247247 E
248248 DUCATIONAL ACT", PURSUANT TO ARTICLE 20 OF THIS TITLE 22.14
249249 (2.5) (a) Each board of education shall annually report to the state15
250250 board the number of students expelled from schools within
251251 IN the district16
252252 pursuant to this section and pursuant to section 25-4-907. C.R.S. Any17
253253 pupil STUDENT who is expelled pursuant to this section shall not be IS NOT18
254254 included in calculating the dropout rate for the school from which such19
255255 THE student is expelled or in calculating the dropout rate for the school20
256256 district in which such pupil THE STUDENT was enrolled prior to being21
257257 expelled. T
258258 HE ANNUAL REPORT MUST INCLUDE DATA ON THE FREQUENCY22
259259 WITH WHICH THE EXECUTIVE OFFICER AND THE BOARD OF EDUCATION23
260260 UPHOLD THE RECOMMENDATIONS OF AN EXECUTIVE OFFICER OR A24
261261 DESIGNEE ACTING AS A HEARING OFFICER TO IMPOSE OR REFRAIN FROM25
262262 DISCIPLINARY ACTION PURSUANT TO SUBSECTION (2.3)(d) OF THIS26
263263 SECTION.27
264264 HB23-1109
265265 -8- (b) (I) THE ANNUAL REPORT DESCRIBED IN SUBSECTION (2.5)(a) OF1
266266 THIS SECTION MUST INCLUDE DATA ON THE FREQUENCY WITH WHICH2
267267 HEARING OFFICERS IN THE SCHOOL DISTRICT RECOMMEND EXPULSION . THE3
268268 BOARD OF EDUCATION SHALL DISAGGREGATE STUDENT DATA BY GENDER ,4
269269 GRADE LEVEL, RACE, ETHNICITY, ENGLISH LANGUAGE LEARNER STATUS ,5
270270 DISABILITY, AND WHETHER THE STUDENT HAS FEDERAL SECTION 5046
271271 ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PROGRAM .7
272272 (II) E
273273 ACH BOARD OF EDUCATION SHALL REPORT DATA IN8
274274 COMPLIANCE WITH THE "COLORADO PRIVACY ACT", ESTABLISHED9
275275 PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE FEDERAL "FAMILY10
276276 E
277277 DUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC.11
278278 1232g,
279279 AND THE "STUDENT DATA TRANSPARENCY AND SECURITY ACT",12
280280 CREATED IN ARTICLE 16 OF THIS TITLE 22.13
281281 SECTION 2. In Colorado Revised Statutes, 22-33-106, amend14
282282 (1) introductory portion, (1)(c), (1.2) introductory portion, (3)(c), and15
283283 (3)(f); and add (1)(c.2) and (3)(g) as follows:16
284284 22-33-106. Grounds for suspension, expulsion, and denial of17
285285 admission. (1) The following may be grounds for suspension or18
286286 expulsion of a child
287287 STUDENT from a public school during a school year:19
288288 (c) Behavior on or off school property that is detrimental to the20
289289 welfare or safety of other pupils or of school personnel, including21
290290 behavior that creates a OR DURING A SCHOOL-SPONSORED EVENT THAT22
291291 CONSTITUTES A threat of physical harm to the child or to other children23
292292 STUDENTS OR SCHOOL PERSONNEL; except that, if the child STUDENT who24
293293 creates the threat is a child with a disability pursuant to section 22-20-10325
294294 (5), the child STUDENT may not be expelled if the actions creating the26
295295 threat are a manifestation of the child's STUDENT'S disability. However27
296296 HB23-1109
297297 -9- INSTEAD, the child STUDENT shall be removed from the classroom to an1
298298 appropriate alternative setting within the district in which the child2
299299 STUDENT is enrolled for a length of time that is consistent with federal3
300300 law, during which time the school in which the student is enrolled shall4
301301 give priority to and arrange within ten days for a reexamination of the5
302302 child's STUDENT'S individualized education program to amend his or her6
303303 THE STUDENT'S program as necessary to ensure that the needs of the child7
304304 STUDENT are addressed in a more appropriate manner or setting that is8
305305 less disruptive to other students and is in accordance with the provisions9
306306 of article 20 of this title TITLE 22. Nothing in this paragraph (c) shall be10
307307 SUBSECTION (1)(c) IS construed to limit a school district's authority to11
308308 suspend a child STUDENT with a disability for a length of time that is12
309309 consistent with federal law.13
310310 (c.2) (I) B
311311 EHAVIOR OFF SCHOOL GROUNDS ONLY IF THE SCHOOL14
312312 DISTRICT DEMONSTRATES THAT THE STUDENT POSES AN IMMINENT THREAT15
313313 TO OTHER STUDENTS OR SCHOOL PERSONNEL BY ESTABLISHING A DIRECT16
314314 AND SUBSTANTIAL NEXUS BETWEEN THE STUDENT 'S ALLEGED CONDUCT17
315315 COMMITTED OFF SCHOOL GROUNDS AND THE RISK OF PHYSICAL HARM TO18
316316 OTHER STUDENTS OR SCHOOL PERSONNEL . BEHAVIOR THAT OCCURS OFF19
317317 SCHOOL GROUNDS THAT RESULTS IN DELINQUENCY OR CRIMINAL CHARGES20
318318 AND IS UNRELATED TO A SCHOOL-SPONSORED EVENT IS NOT AUTOMATIC21
319319 GROUNDS FOR SUSPENSION OR EXPULSION . A SCHOOL DISTRICT SHALL22
320320 PRESUME THAT THE STUDENT'S CONDUCT ALLEGED IN A DELINQUENCY OR23
321321 CRIMINAL CHARGE LACKS A DIRECT AND SUBSTANTIAL NEXUS TO THE RISK24
322322 OF PHYSICAL HARM TO OTHER STUDENTS OR SCHOOL PERSONNEL UNLESS25
323323 THE SCHOOL DISTRICT DISCOVERS AND PRESENTS CLEAR AND CONVINCING26
324324 EVIDENCE TO THE CONTRARY .27
325325 HB23-1109
326326 -10- (II) IF THE STUDENT WHO CREATES THE THREAT DESCRIBED IN1
327327 SUBSECTION (1)(c.2)(I) OF THIS SECTION IS A CHILD WITH A DISABILITY2
328328 PURSUANT TO SECTION 22-20-103 (5), THE STUDENT MAY NOT BE3
329329 EXPELLED IF THE ACTIONS CREATING THE THREAT ARE A MANIFESTATION4
330330 OF THE STUDENT'S DISABILITY. INSTEAD, THE STUDENT SHALL BE5
331331 REMOVED FROM THE CLASSROOM TO AN APPROPRIATE ALTERNATIVE6
332332 SETTING WITHIN THE DISTRICT IN WHICH THE STUDENT IS ENROLLED FOR7
333333 A LENGTH OF TIME THAT IS CONSISTENT WITH FEDERAL LAW , DURING8
334334 WHICH TIME THE SCHOOL IN WHICH THE STUDENT IS ENROLLED SHALL GIVE9
335335 PRIORITY TO AND ARRANGE WITHIN TEN DAYS FOR A REEXAMINATION OF10
336336 THE STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM TO AMEND THE11
337337 STUDENT'S PROGRAM AS NECESSARY TO ENSURE THAT THE NEEDS OF THE12
338338 STUDENT ARE ADDRESSED IN A MORE APPROPRIATE MANNER OR SETTING13
339339 THAT IS LESS DISRUPTIVE TO OTHER STUDENTS AND IS IN ACCORDANCE14
340340 WITH ARTICLE 20 OF THIS TITLE 22. NOTHING IN THIS SUBSECTION (1)(c.2)15
341341 IS CONSTRUED TO LIMIT A SCHOOL DISTRICT'S AUTHORITY TO SUSPEND A16
342342 STUDENT WITH A DISABILITY FOR A LENGTH OF TIME THAT IS CONSISTENT17
343343 WITH FEDERAL LAW.18
344344 (1.2) Each school district is encouraged to SHALL consider each19
345345 of the following factors before suspending or expelling a student pursuant20
346346 to a provision of subsection (1) of this section:21
347347 (3) The following may constitute additional grounds for denial of22
348348 admission to a public school:23
349349 (c) Having been expelled from any school district
350350 FOR BRINGING24
351351 A FIREARM TO A SCHOOL OR POSSESSING A FIREARM AT A SCHOOL during25
352352 the preceding twelve months;26
353353 (f) Behavior
354354 ON SCHOOL PROPERTY OR DURING A27
355355 HB23-1109
356356 -11- SCHOOL-SPONSORED EVENT in another school district during the preceding1
357357 twelve months that is detrimental to the welfare or safety of CONSTITUTES2
358358 A THREAT OF PHYSICAL HARM TO other pupils or of STUDENTS OR school3
359359 personnel
360360 OF THE ENROLLING SCHOOL DISTRICT; AND4
361361 (g) B
362362 EHAVIOR OFF SCHOOL GROUNDS ONLY IF AN ENROLLING5
363363 SCHOOL DISTRICT DEMONSTRATES THAT THE STUDENT POSES AN IMMINENT6
364364 THREAT TO OTHER STUDENTS OR SCHOOL PERSONNEL BY ESTABLISHING A7
365365 DIRECT AND SUBSTANTIAL NEXUS BETWEEN THE STUDENT 'S ALLEGED8
366366 CONDUCT COMMITTED OFF SCHOOL GROUNDS AND THE RISK OF PHYSICAL9
367367 HARM TO OTHER STUDENTS OR SCHOOL PERSONNEL . BEHAVIOR THAT10
368368 OCCURS OFF SCHOOL GROUNDS THAT RESULTS IN DELINQUENCY OR11
369369 CRIMINAL CHARGES AND IS UNRELATED TO A SCHOOL -SPONSORED EVENT12
370370 IS NOT AUTOMATIC GROUNDS FOR DENIAL OF ADMISSION . AN ENROLLING13
371371 SCHOOL DISTRICT SHALL PRESUME THAT THE STUDENT 'S CONDUCT14
372372 ALLEGED IN A DELINQUENCY OR CRIMINAL CHARGE LACKS A DIRECT AND15
373373 SUBSTANTIAL NEXUS TO THE RISK OF PHYSICAL HARM TO OTHER STUDENTS16
374374 OR SCHOOL PERSONNEL UNLESS THE SCHOOL DISTRICT DISCOVERS AND17
375375 PRESENTS CLEAR AND CONVINCING EVIDENCE TO THE CONTRARY .18
376376 SECTION 3. In Colorado Revised Statutes, 22-33-108, amend19
377377 (2) and (3) as follows:20
378378 22-33-108. Judicial proceedings. (2) W
379379 ITHIN FIVE BUSINESS21
380380 DAYS AFTER A BOARD OF EDUCATION 'S DETERMINATION TO UPHOLD AN22
381381 EXPULSION OR DENIAL OF ADMISSION, THE BOARD OF EDUCATION SHALL23
382382 ISSUE A WRITTEN ORDER PROVIDING NOTICE OF THE DECISION . If a child or
383383 24
384384 his parent STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL25
385385 CUSTODIAN desires court review of an order of the board of education26
386386 issued pursuant to this article, he shall ARTICLE 33, THE STUDENT OR THE27
387387 HB23-1109
388388 -12- STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN MUST notify the1
389389 board
390390 OF EDUCATION in writing within five BUSINESS days after receiving2
391391 official notification
392392 NOTICE of the board's BOARD OF EDUCATION'S action.3
393393 The board of education shall thereupon issue, or cause to be issued, to the4
394394 child STUDENT or his parent THE STUDENT'S PARENT, GUARDIAN, OR5
395395 LEGAL CUSTODIAN a statement of the reasons for the board's BOARD OF6
396396 EDUCATION'S action WITHIN FIVE BUSINESS DAYS . THE BOARD OF7
397397 EDUCATION SHALL CERTIFY THE RECORD AND PROVIDE A COPY TO THE8
398398 STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN9
399399 WITHIN FIVE BUSINESS DAYS. Within ten BUSINESS days thereafter AFTER10
400400 RECEIVING THE BOARD OF EDUCATION 'S CERTIFIED STATEMENT, the child11
401401 STUDENT or his parents THE STUDENT'S PARENT, GUARDIAN, OR LEGAL12
402402 CUSTODIAN may file with the court a petition requesting that the order of13
403403 the board of education be set aside, to which shall MUST be appended the14
404404 statement of the board of education. No docket or other fees shall be ARE15
405405 collected by the court in connection with this proceeding.16
406406 (3) After the petition is filed, the court shall notify the board
407407 OF17
408408 EDUCATION and shall hold a hearing on the matter WITHIN TWENTY-ONE18
409409 CALENDAR DAYS. The court shall conduct judicial review of a hearing19
410410 decision pursuant to rule 106 (a)(4) of the Colorado rules of civil20
411411 procedure and rule 3.8 of the Colorado rules of juvenile procedure. I
412412 F THE21
413413 COURT FINDS IN FAVOR OF THE STUDENT OR THE STUDENT 'S PARENT,22
414414 GUARDIAN, OR LEGAL CUSTODIAN , AND DETERMINES THE SCHOOL23
415415 DISTRICT, ENROLLING SCHOOL DISTRICT , OR BOARD OF EDUCATION24
416416 VIOLATED THE RIGHTS OF THE STUDENT OR THE STUDENT 'S PARENT,25
417417 GUARDIAN, OR LEGAL CUSTODIAN PURSUANT TO THE UNITED STATES OR26
418418 STATE CONSTITUTION OR SECTION 22-33-105, 22-33-106, OR 22-33-108,27
419419 HB23-1109
420420 -13- THE COURT SHALL AWARD THE STUDENT OR THE STUDENT 'S PARENT,1
421421 GUARDIAN, OR LEGAL CUSTODIAN REASONABLE ATTORNEY FEES AND2
422422 LITIGATION EXPENSES.3
423423 SECTION 4. Act subject to petition - effective date. This act4
424424 takes effect at 12:01 a.m. on the day following the expiration of the5
425425 ninety-day period after final adjournment of the general assembly; except6
426426 that, if a referendum petition is filed pursuant to section 1 (3) of article V7
427427 of the state constitution against this act or an item, section, or part of this8
428428 act within such period, then the act, item, section, or part will not take9
429429 effect unless approved by the people at the general election to be held in10
430430 November 2024 and, in such case, will take effect on the date of the11
431431 official declaration of the vote thereon by the governor.12
432432 HB23-1109
433433 -14-