First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0118.01 Alana Rosen x2606
HOUSE BILL 23-1109
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING MEASURES TO IMPROVE SCHOOL POLICIES THAT IMPACT101
STUDENT CONDUCT .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill requires a school district to implement additional
procedural safeguards for an expulsion hearing (hearing). A school
district is required to provide all records that the school district intends to
use as supporting evidence in a hearing to the student or the student's
parent, guardian, or legal custodian at least 5 business days prior to the
hearing. If a school district intends to present written statements or oral
HOUSE SPONSORSHIP
Gonzales-Gutierrez and Joseph,
SENATE SPONSORSHIP
Winter F.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. testimony from witnesses during the hearing, the student and the student's
parent, guardian, or legal custodian must be notified at least 5 business
days prior to the hearing of the contents of the written statement or oral
testimony provided to the school district. The student and the student's
parent, guardian, or legal custodian have the right to cross-examine
adverse witnesses who provide a written statement or oral testimony to
the school district.
During the hearing, the school district has the burden of presenting
clear and convincing evidence to demonstrate that the student violated
state law and the school district's policy, and that excluding the student
from the learning environment through expulsion or denial of admission
is necessary. Following the hearing, the executive officer or designee
acting as a hearing officer is required to report findings of fact, findings
regarding mitigating factors, and recommendations.
Current law permits a student to be suspended, expelled, or denied
admission for behavior on or off school property that is detrimental to the
welfare or safety of other students or school personnel. The bill requires
a school district or enrolling school district to demonstrate that a student's
behavior off school grounds poses an imminent threat to other students
or school personnel by establishing a direct and substantial nexus between
the student's alleged conduct committed off school grounds and the risk
of physical harm to other students or school personnel. Behavior that
occurs off school grounds that results in delinquency or criminal charges
and is unrelated to a school-sponsored event is not automatic grounds for
suspension, expulsion, or denial of admission. For a hearing concerning
a student whose alleged conduct occurred off school grounds, the
executive officer or designee acting as a hearing officer is required to
report findings of fact that establish a direct and substantial nexus
between the student's behavior and the risk of physical harm to other
students and school personnel.
Current law allows a school district board of education (board) to
delegate its power to its executive officer or to a designee who serves as
a hearing officer to expel or deny admission to a student. The bill requires
the individual who serves as the board's hearing officer to agree to recusal
if a conflict of interest occurs that interferes with the individual's duty to
act as an impartial hearing officer. An executive officer, a designee, or
any individual acting as a hearing officer is also required to participate in
an annual training on state and federal school discipline laws.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 22-33-105, amend2
(2)(c) and (2.5); and add (2.3) and (2.4) as follows:3
HB23-1109-2- 22-33-105. Suspension, expulsion, and denial of admission.1
(2) In addition to the powers provided in section 22-32-110, the board of2
education of each district may:3
(c) Deny admission to, or expel for any period not extending4
beyond one year, any child STUDENT whom the board of education, in5
accordance with the limitations imposed by this article, shall determine6
ARTICLE 33, DETERMINES does not qualify for admission to, or continued7
attendance at, the public schools of the district. A
SCHOOL DISTRICT SHALL8
NOT EXPEL OR DENY ADMISSION TO ANY STUDENT WHOSE CONDUCT9
OCCURRED OR ALLEGEDLY OCCURRED THREE HUNDRED SIXTY -FIVE DAYS10
OR MORE PRIOR TO THE SCHOOL DISTRICT SEEKING TO EXPEL OR DENY11
ADMISSION TO A STUDENT. A STUDENT WHOM THE BOARD OF EDUCATION12
IS ATTEMPTING TO EXPEL OR DENY ADMISSION TO HAS THE RIGHT TO A13
HEARING AT WHICH EVIDENCE MAY BE PRESENTED . A board of education14
may delegate such powers to its executive officer or to a designee who15
shall serve
SERVES as a hearing officer. If the hearing is conducted by a16
designee acting as a hearing officer, the hearing officer shall forward17
findings of fact and recommendations to the executive officer at the18
conclusion of the hearing. The executive officer shall render a written19
opinion within five days after a hearing conducted by the executive20
officer or by a hearing officer. The executive officer shall report on each21
case acted upon at the next meeting of the board of education, briefly22
describing the circumstances and the reasons for the executive officer's23
action. A child who is denied admission or expelled as an outcome of the24
hearing shall have ten days after the denial of admission or expulsion to25
appeal the decision of the executive officer to the board of education,26
after which time the decision to grant or deny the appeal shall be at the27
HB23-1109
-3- discretion of the board of education. The appeal shall consist of a review1
of the facts that were presented and that were determined at the hearing2
conducted by the executive officer or by a designee acting as a hearing3
officer, arguments relating to the decision, and questions of clarification4
from the board of education. No board of education shall deny admission5
to, or expel, any child without a hearing, if one is requested by the parent,6
guardian, or legal custodian of the child, at which evidence may be7
presented in the child's behalf. If the child is denied admission or8
expelled, the child shall be entitled to a review of the decision of the9
board of education in accordance with section 22-33-108.10
(2.3) (a) (I) I
F AN EXECUTIVE OFFICER OR A DESIGNEE ACTING AS11
A HEARING OFFICER CONDUCTS AN EXPULSION HEARING PURSUANT TO12
SUBSECTION (2)(c) OF THIS SECTION, THE OFFICER OR DESIGNEE SHALL13
CREATE A REPORT WITH FINDINGS OF FACT AND MAKE14
RECOMMENDATIONS . IF A DESIGNEE ACTING AS A HEARING OFFICER15
CONDUCTS A HEARING, THE DESIGNEE SHALL REPORT TO THE EXECUTIVE16
OFFICER AT THE CONCLUSION OF THE EXPULSION HEARING . THE17
EXECUTIVE OFFICER OR THE DESIGNEE ACTING AS THE HEARING OFFICER18
SHALL REPORT SPECIFIC FINDINGS REGARDING THE FACTORS SET FORTH IN19
SECTION 22-33-106 (1.2).20
(II) I
F AN EXECUTIVE OFFICER OR DESIGNEE ACTING AS A HEARING21
OFFICER CONDUCTS AN EXPULSION HEARING REGARDING A STUDENT 'S22
BEHAVIOR OFF SCHOOL GROUNDS PURSUANT TO SECTION 22-33-10623
(1)(c.2),
THE REPORT OF THE OFFICER OR DESIGNEE MUST INCLUDE FACTS24
THAT ESTABLISH A DIRECT AND SUBSTANTIAL NEXUS BETWEEN THE25
STUDENT'S ALLEGED CONDUCT COMMITTED OFF SCHOOL GROUNDS AND26
THE RISK OF PHYSICAL HARM TO OTHER STUDENTS OR SCHOOL PERSONNEL .27
HB23-1109
-4- (b) IF AN EXPULSION HEARING, AS DESCRIBED IN SUBSECTION (2)(c)1
OF THIS SECTION, IS REQUESTED BY EITHER A SCHOOL DISTRICT , A2
STUDENT, OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN,3
THE SCHOOL DISTRICT HAS THE BURDEN OF PRESENTING CLEAR AND4
CONVINCING EVIDENCE TO DEMONSTRATE THAT THE STUDENT VIOLATED5
SECTION 22-33-106 AND THE SCHOOL DISTRICT 'S POLICY, AND THAT6
EXCLUDING THE STUDENT FROM THE LEARNING ENVIRONMENT THROUGH7
EXPULSION OR DENIAL OF ADMISSION IS NECESSARY .8
(c) (I) I
F AN EXPULSION HEARING, AS DESCRIBED IN SUBSECTION9
(2)(c)
OF THIS SECTION, IS REQUESTED BY EITHER A SCHOOL DISTRICT OR10
A STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN,11
THE SCHOOL DISTRICT SEEKING TO EXPEL OR DENY ADMISSION TO THE12
STUDENT SHALL PROVIDE ALL RECORDS THAT THE SCHOOL DISTRICT13
INTENDS TO USE AS SUPPORTING EVIDENCE FOR EXPULSION OR DENIAL OF14
ADMISSION TO THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR15
LEGAL CUSTODIAN AT LEAST FIVE BUSINESS DAYS PRIOR TO THE16
EXPULSION HEARING. UPON DISCOVERY OF A RECORD NOT PREVIOUSLY17
PROVIDED, THE SCHOOL DISTRICT SHALL IMMEDIATELY PROVIDE THE18
RECORD TO THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR19
LEGAL CUSTODIAN. IF CRITICAL EVIDENCE IS DISCOVERED LESS THAN20
TWELVE HOURS BEFORE A HEARING , THE SCHOOL DISTRICT SHALL21
IMMEDIATELY PROVIDE THE RECORD TO THE STUDENT 'S PARENT,22
GUARDIAN, OR LEGAL CUSTODIAN AND THE HEARING MUST BE23
RESCHEDULED TO ALLOW THE STUDENT OR THE STUDENT 'S PARENT,24
GUARDIAN, OR LEGAL CUSTODIAN TIME TO REVIEW THE RECORD .25
(II) I
F THE SCHOOL DISTRICT INTENDS TO PRESENT WRITTEN26
STATEMENTS OR ORAL TESTIMONY AT AN EXPULSION HEARING , THE27
HB23-1109
-5- STUDENT AND THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN1
MUST BE NOTIFIED AT LEAST FIVE BUSINESS DAYS PRIOR TO THE HEARING2
OF THE CONTENT OF THE STATEMENT OR TESTIMONY AND THE IDENTITY OF3
THE WITNESS GIVING THE STATEMENT OR TESTIMONY . THE STUDENT AND4
THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN HAVE THE5
RIGHT TO CROSS-EXAMINE AN ADVERSE WITNESS WHO PROVIDES A6
WRITTEN STATEMENT OR ORAL TESTIMONY TO THE SCHOOL DISTRICT . IF7
THERE IS CONCERN FOR THE SAFETY OR PRIVACY OF A WITNESS WHO8
PROVIDES A WRITTEN STATEMENT OR ORAL TESTIMONY TO THE SCHOOL9
DISTRICT, THE EXECUTIVE OFFICER OR DESIGNEE ACTING AS THE HEARING10
OFFICER MAY CONDUCT THE CROSS -EXAMINATION.11
(d) (I) A
N EXECUTIVE OFFICER SHALL RENDER A WRITTEN OPINION12
THAT IMPOSES OR REFRAINS FROM IMPOSING DISCIPLINARY ACTION WITHIN13
FIVE BUSINESS DAYS AFTER AN EXPULSION HEARING PURSUANT TO14
SUBSECTION (2)(c) OF THIS SECTION IS CONDUCTED BY THE EXECUTIVE15
OFFICER OR BY A DESIGNEE ACTING AS A HEARING OFFICER . THE16
EXECUTIVE OFFICER SHALL PROVIDE THE WRITTEN OPINION TO THE17
STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.18
T
HE EXECUTIVE OFFICER SHALL REPORT ON EACH CASE ACTED UPON AT19
THE NEXT MEETING OF THE BOARD OF EDUCATION , BRIEFLY DESCRIBING20
THE CIRCUMSTANCES AND THE REASONS FOR THE EXECUTIVE OFFICER 'S21
OPINION.22
(II) I
F THE EXPULSION HEARING CONCERNED A STUDENT 'S ALLEGED23
CONDUCT COMMITTED OFF SCHOOL GROUNDS AS SET FORTH IN SECTION24
22-33-106 (1)(c.2),
THE WRITTEN OPINION DESCRIBED IN SUBSECTION25
(2.3)(d)(I)
OF THIS SECTION MUST INCLUDE FACTS ESTABLISHING A DIRECT26
AND SUBSTANTIAL NEXUS BETWEEN THE STUDENT 'S ALLEGED CONDUCT27
HB23-1109
-6- COMMITTED OFF SCHOOL GROUNDS AND THE RISK OF PHYSICAL HARM TO1
OTHER STUDENTS OR SCHOOL PERSONNEL .2
(e) A
STUDENT WHO IS DENIED ADMISSION OR EXPELLED AS A3
RESULT OF THE HEARING DESCRIBED IN SUBSECTION (2)(c) OF THIS4
SECTION HAS TEN BUSINESS DAYS AFTER THE DECISION OF THE EXECUTIVE5
OFFICER IS RENDERED TO APPEAL THE DECISION TO THE BOARD OF6
EDUCATION, AFTER WHICH TIME THE DECISION TO GRANT OR DENY THE7
APPEAL IS AT THE DISCRETION OF THE BOARD OF EDUCATION . THE APPEAL8
MUST CONSIST OF A REVIEW OF THE FACTS PRESENTED AND DETERMINED9
AT THE HEARING CONDUCTED BY THE EXECUTIVE OFFICER OR BY A10
DESIGNEE ACTING AS A HEARING OFFICER, ARGUMENTS RELATING TO THE11
DECISION, AND QUESTIONS OF CLARIFICATION FROM THE BOARD OF12
EDUCATION. IF THE BOARD OF EDUCATION UPHOLDS THE DETERMINATION13
OF THE EXECUTIVE OFFICER TO EXPEL OR DENY ADMISSION TO A STUDENT ,14
THE STUDENT IS ENTITLED TO A REVIEW OF THE DECISION OF THE BOARD15
OF EDUCATION IN ACCORDANCE WITH SECTION 22-33-108.16
(2.4) (a) U
PON A BOARD OF EDUCATION'S DELEGATION OF POWER17
TO AN EXECUTIVE OFFICER OR TO A DESIGNEE WHO SERVES AS A HEARING18
OFFICER PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION, THE19
EXECUTIVE OFFICER OR DESIGNEE MUST AGREE TO BE RECUSED IF A20
CONFLICT OF INTEREST OCCURS. A CONFLICT OF INTEREST INCLUDES, BUT21
IS NOT LIMITED TO:22
(I) A
RELATIONSHIP TO AN INDIVIDUAL INVOLVED IN THE ALLEGED23
INCIDENT; OR24
(II) A
RELATIONSHIP TO AN INDIVIDUAL INVOLVED IN THE25
INVESTIGATION OR REPORTING OF AN INCIDENT .26
(b) A
N EXECUTIVE OFFICER INVOLVED IN INVESTIGATING OR27
HB23-1109
-7- REPORTING AN INCIDENT THAT LEADS TO A HEARING THAT COULD RESULT1
IN SUSPENSION, EXPULSION, OR DENIAL OF ADMISSION OF A STUDENT2
SHALL NOT ACT AS A HEARING OFFICER . INSTEAD, A SCHOOL DISTRICT3
BOARD OF EDUCATION SHALL DELEGATE ITS POWERS TO A DESIGNEE WHO4
IS NOT INVOLVED IN INVESTIGATING OR REPORTING THE INCIDENT .5
(c) A
N EXECUTIVE OFFICER OR A DESIGNEE ACTING AS A HEARING6
OFFICER SHALL PARTICIPATE IN AN ANNUAL TRAINING ON STATE SCHOOL7
DISCIPLINE LAW, INCLUDING HOW TO WEIGH THE FACTORS DESCRIBED IN8
SECTION 22-33-106 (1.2). TRAINING MUST INCLUDE INFORMATION ON THE9
REQUIREMENTS AND IMPLEMENTATION OF THE FEDERAL "INDIVIDUALS10
WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS11
AMENDED; SECTION 504 OF THE FEDERAL "REHABILITATION ACT OF 1973",12
29
U.S.C. SEC. 794, AS AMENDED; AND THE "EXCEPTIONAL CHILDREN'S13
E
DUCATIONAL ACT", PURSUANT TO ARTICLE 20 OF THIS TITLE 22.14
(2.5) (a) Each board of education shall annually report to the state15
board the number of students expelled from schools within
IN the district16
pursuant to this section and pursuant to section 25-4-907. C.R.S. Any17
pupil STUDENT who is expelled pursuant to this section shall not be IS NOT18
included in calculating the dropout rate for the school from which such19
THE student is expelled or in calculating the dropout rate for the school20
district in which such pupil THE STUDENT was enrolled prior to being21
expelled. T
HE ANNUAL REPORT MUST INCLUDE DATA ON THE FREQUENCY22
WITH WHICH THE EXECUTIVE OFFICER AND THE BOARD OF EDUCATION23
UPHOLD THE RECOMMENDATIONS OF AN EXECUTIVE OFFICER OR A24
DESIGNEE ACTING AS A HEARING OFFICER TO IMPOSE OR REFRAIN FROM25
DISCIPLINARY ACTION PURSUANT TO SUBSECTION (2.3)(d) OF THIS26
SECTION.27
HB23-1109
-8- (b) (I) THE ANNUAL REPORT DESCRIBED IN SUBSECTION (2.5)(a) OF1
THIS SECTION MUST INCLUDE DATA ON THE FREQUENCY WITH WHICH2
HEARING OFFICERS IN THE SCHOOL DISTRICT RECOMMEND EXPULSION . THE3
BOARD OF EDUCATION SHALL DISAGGREGATE STUDENT DATA BY GENDER ,4
GRADE LEVEL, RACE, ETHNICITY, ENGLISH LANGUAGE LEARNER STATUS ,5
DISABILITY, AND WHETHER THE STUDENT HAS FEDERAL SECTION 5046
ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PROGRAM .7
(II) E
ACH BOARD OF EDUCATION SHALL REPORT DATA IN8
COMPLIANCE WITH THE "COLORADO PRIVACY ACT", ESTABLISHED9
PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE FEDERAL "FAMILY10
E
DUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC.11
1232g,
AND THE "STUDENT DATA TRANSPARENCY AND SECURITY ACT",12
CREATED IN ARTICLE 16 OF THIS TITLE 22.13
SECTION 2. In Colorado Revised Statutes, 22-33-106, amend14
(1) introductory portion, (1)(c), (1.2) introductory portion, (3)(c), and15
(3)(f); and add (1)(c.2) and (3)(g) as follows:16
22-33-106. Grounds for suspension, expulsion, and denial of17
admission. (1) The following may be grounds for suspension or18
expulsion of a child
STUDENT from a public school during a school year:19
(c) Behavior on or off school property that is detrimental to the20
welfare or safety of other pupils or of school personnel, including21
behavior that creates a OR DURING A SCHOOL-SPONSORED EVENT THAT22
CONSTITUTES A threat of physical harm to the child or to other children23
STUDENTS OR SCHOOL PERSONNEL; except that, if the child STUDENT who24
creates the threat is a child with a disability pursuant to section 22-20-10325
(5), the child STUDENT may not be expelled if the actions creating the26
threat are a manifestation of the child's STUDENT'S disability. However27
HB23-1109
-9- INSTEAD, the child STUDENT shall be removed from the classroom to an1
appropriate alternative setting within the district in which the child2
STUDENT is enrolled for a length of time that is consistent with federal3
law, during which time the school in which the student is enrolled shall4
give priority to and arrange within ten days for a reexamination of the5
child's STUDENT'S individualized education program to amend his or her6
THE STUDENT'S program as necessary to ensure that the needs of the child7
STUDENT are addressed in a more appropriate manner or setting that is8
less disruptive to other students and is in accordance with the provisions9
of article 20 of this title TITLE 22. Nothing in this paragraph (c) shall be10
SUBSECTION (1)(c) IS construed to limit a school district's authority to11
suspend a child STUDENT with a disability for a length of time that is12
consistent with federal law.13
(c.2) (I) B
EHAVIOR OFF SCHOOL GROUNDS ONLY IF THE SCHOOL14
DISTRICT DEMONSTRATES THAT THE STUDENT POSES AN IMMINENT THREAT15
TO OTHER STUDENTS OR SCHOOL PERSONNEL BY ESTABLISHING A DIRECT16
AND SUBSTANTIAL NEXUS BETWEEN THE STUDENT 'S ALLEGED CONDUCT17
COMMITTED OFF SCHOOL GROUNDS AND THE RISK OF PHYSICAL HARM TO18
OTHER STUDENTS OR SCHOOL PERSONNEL . BEHAVIOR THAT OCCURS OFF19
SCHOOL GROUNDS THAT RESULTS IN DELINQUENCY OR CRIMINAL CHARGES20
AND IS UNRELATED TO A SCHOOL-SPONSORED EVENT IS NOT AUTOMATIC21
GROUNDS FOR SUSPENSION OR EXPULSION . A SCHOOL DISTRICT SHALL22
PRESUME THAT THE STUDENT'S CONDUCT ALLEGED IN A DELINQUENCY OR23
CRIMINAL CHARGE LACKS A DIRECT AND SUBSTANTIAL NEXUS TO THE RISK24
OF PHYSICAL HARM TO OTHER STUDENTS OR SCHOOL PERSONNEL UNLESS25
THE SCHOOL DISTRICT DISCOVERS AND PRESENTS CLEAR AND CONVINCING26
EVIDENCE TO THE CONTRARY .27
HB23-1109
-10- (II) IF THE STUDENT WHO CREATES THE THREAT DESCRIBED IN1
SUBSECTION (1)(c.2)(I) OF THIS SECTION IS A CHILD WITH A DISABILITY2
PURSUANT TO SECTION 22-20-103 (5), THE STUDENT MAY NOT BE3
EXPELLED IF THE ACTIONS CREATING THE THREAT ARE A MANIFESTATION4
OF THE STUDENT'S DISABILITY. INSTEAD, THE STUDENT SHALL BE5
REMOVED FROM THE CLASSROOM TO AN APPROPRIATE ALTERNATIVE6
SETTING WITHIN THE DISTRICT IN WHICH THE STUDENT IS ENROLLED FOR7
A LENGTH OF TIME THAT IS CONSISTENT WITH FEDERAL LAW , DURING8
WHICH TIME THE SCHOOL IN WHICH THE STUDENT IS ENROLLED SHALL GIVE9
PRIORITY TO AND ARRANGE WITHIN TEN DAYS FOR A REEXAMINATION OF10
THE STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM TO AMEND THE11
STUDENT'S PROGRAM AS NECESSARY TO ENSURE THAT THE NEEDS OF THE12
STUDENT ARE ADDRESSED IN A MORE APPROPRIATE MANNER OR SETTING13
THAT IS LESS DISRUPTIVE TO OTHER STUDENTS AND IS IN ACCORDANCE14
WITH ARTICLE 20 OF THIS TITLE 22. NOTHING IN THIS SUBSECTION (1)(c.2)15
IS CONSTRUED TO LIMIT A SCHOOL DISTRICT'S AUTHORITY TO SUSPEND A16
STUDENT WITH A DISABILITY FOR A LENGTH OF TIME THAT IS CONSISTENT17
WITH FEDERAL LAW.18
(1.2) Each school district is encouraged to SHALL consider each19
of the following factors before suspending or expelling a student pursuant20
to a provision of subsection (1) of this section:21
(3) The following may constitute additional grounds for denial of22
admission to a public school:23
(c) Having been expelled from any school district
FOR BRINGING24
A FIREARM TO A SCHOOL OR POSSESSING A FIREARM AT A SCHOOL during25
the preceding twelve months;26
(f) Behavior
ON SCHOOL PROPERTY OR DURING A27
HB23-1109
-11- SCHOOL-SPONSORED EVENT in another school district during the preceding1
twelve months that is detrimental to the welfare or safety of CONSTITUTES2
A THREAT OF PHYSICAL HARM TO other pupils or of STUDENTS OR school3
personnel
OF THE ENROLLING SCHOOL DISTRICT; AND4
(g) B
EHAVIOR OFF SCHOOL GROUNDS ONLY IF AN ENROLLING5
SCHOOL DISTRICT DEMONSTRATES THAT THE STUDENT POSES AN IMMINENT6
THREAT TO OTHER STUDENTS OR SCHOOL PERSONNEL BY ESTABLISHING A7
DIRECT AND SUBSTANTIAL NEXUS BETWEEN THE STUDENT 'S ALLEGED8
CONDUCT COMMITTED OFF SCHOOL GROUNDS AND THE RISK OF PHYSICAL9
HARM TO OTHER STUDENTS OR SCHOOL PERSONNEL . BEHAVIOR THAT10
OCCURS OFF SCHOOL GROUNDS THAT RESULTS IN DELINQUENCY OR11
CRIMINAL CHARGES AND IS UNRELATED TO A SCHOOL -SPONSORED EVENT12
IS NOT AUTOMATIC GROUNDS FOR DENIAL OF ADMISSION . AN ENROLLING13
SCHOOL DISTRICT SHALL PRESUME THAT THE STUDENT 'S CONDUCT14
ALLEGED IN A DELINQUENCY OR CRIMINAL CHARGE LACKS A DIRECT AND15
SUBSTANTIAL NEXUS TO THE RISK OF PHYSICAL HARM TO OTHER STUDENTS16
OR SCHOOL PERSONNEL UNLESS THE SCHOOL DISTRICT DISCOVERS AND17
PRESENTS CLEAR AND CONVINCING EVIDENCE TO THE CONTRARY .18
SECTION 3. In Colorado Revised Statutes, 22-33-108, amend19
(2) and (3) as follows:20
22-33-108. Judicial proceedings. (2) W
ITHIN FIVE BUSINESS21
DAYS AFTER A BOARD OF EDUCATION 'S DETERMINATION TO UPHOLD AN22
EXPULSION OR DENIAL OF ADMISSION, THE BOARD OF EDUCATION SHALL23
ISSUE A WRITTEN ORDER PROVIDING NOTICE OF THE DECISION . If a child or
24
his parent STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL25
CUSTODIAN desires court review of an order of the board of education26
issued pursuant to this article, he shall ARTICLE 33, THE STUDENT OR THE27
HB23-1109
-12- STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN MUST notify the1
board
OF EDUCATION in writing within five BUSINESS days after receiving2
official notification
NOTICE of the board's BOARD OF EDUCATION'S action.3
The board of education shall thereupon issue, or cause to be issued, to the4
child STUDENT or his parent THE STUDENT'S PARENT, GUARDIAN, OR5
LEGAL CUSTODIAN a statement of the reasons for the board's BOARD OF6
EDUCATION'S action WITHIN FIVE BUSINESS DAYS . THE BOARD OF7
EDUCATION SHALL CERTIFY THE RECORD AND PROVIDE A COPY TO THE8
STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN9
WITHIN FIVE BUSINESS DAYS. Within ten BUSINESS days thereafter AFTER10
RECEIVING THE BOARD OF EDUCATION 'S CERTIFIED STATEMENT, the child11
STUDENT or his parents THE STUDENT'S PARENT, GUARDIAN, OR LEGAL12
CUSTODIAN may file with the court a petition requesting that the order of13
the board of education be set aside, to which shall MUST be appended the14
statement of the board of education. No docket or other fees shall be ARE15
collected by the court in connection with this proceeding.16
(3) After the petition is filed, the court shall notify the board
OF17
EDUCATION and shall hold a hearing on the matter WITHIN TWENTY-ONE18
CALENDAR DAYS. The court shall conduct judicial review of a hearing19
decision pursuant to rule 106 (a)(4) of the Colorado rules of civil20
procedure and rule 3.8 of the Colorado rules of juvenile procedure. I
F THE21
COURT FINDS IN FAVOR OF THE STUDENT OR THE STUDENT 'S PARENT,22
GUARDIAN, OR LEGAL CUSTODIAN , AND DETERMINES THE SCHOOL23
DISTRICT, ENROLLING SCHOOL DISTRICT , OR BOARD OF EDUCATION24
VIOLATED THE RIGHTS OF THE STUDENT OR THE STUDENT 'S PARENT,25
GUARDIAN, OR LEGAL CUSTODIAN PURSUANT TO THE UNITED STATES OR26
STATE CONSTITUTION OR SECTION 22-33-105, 22-33-106, OR 22-33-108,27
HB23-1109
-13- THE COURT SHALL AWARD THE STUDENT OR THE STUDENT 'S PARENT,1
GUARDIAN, OR LEGAL CUSTODIAN REASONABLE ATTORNEY FEES AND2
LITIGATION EXPENSES.3
SECTION 4. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
HB23-1109
-14-