First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-1006.01 Alana Rosen x2606
HOUSE BILL 23-1291
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING PROCEDURES FOR EX PULSION HEARING OFFICERS .101
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 clarifies the school expulsion hearing (hearing) process,
including the following:
! A school district has the burden of proving by a
preponderance of the evidence that a student violated state
law and the school district's policy, that alternative
remedies were not appropriate, and that excluding the
student from school through expulsion or denial of
admission is necessary to preserve the learning
HOUSE SPONSORSHIP
Joseph and Gonzales-Gutierrez, Bacon, Bockenfeld, Brown, Epps, Garcia, Lieder,
Lindsay, Lindstedt, Mabrey, Ricks, Story, Velasco, Vigil, Willford, Woodrow
SENATE SPONSORSHIP
Winter F. and Fields, Coleman, Exum, Gonzales
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. environment;
! A school district is required to provide all records that the
school district intends to use as supporting evidence for
expulsion or denial of admission to the student or the
student's parent, guardian, or legal custodian at least 2
business days in which school is in session prior to the
hearing; and
! Hearing officers are required to consider specific factors in
determining findings of fact and recommendations at the
conclusion of a hearing.
A hearing officer must not have a conflict of interest with regard
to a student under consideration for expulsion or denial of admission, or
towards any alleged victim. A hearing officer who has an unavoidable
conflict of interest, but must continue to serve as a hearing officer, is
required to provide proof of training on conflict of interest and bias and
provide evidence that the conflict of interest is unavoidable.
The bill requires the department of education (department), on or
before June 30, 2024, to create and maintain an online training program
for hearing officers who conduct expulsion hearings and school
administrators. Beginning January 1, 2025, hearing officers are required
to complete an initial 5-hour training program within 30 days after the
date the hearing officer starts work.
The training program must include information on the following:
! Child and adolescent brain development;
! Restorative justice;
! Alternatives to expulsion;
! Trauma-informed practices;
! Conflict and bias in discipline, suspension, and expulsion;
and
! The requirements and implementation of applicable federal
and state laws.
School districts, district charter schools authorized to expel or
suspend students, or the state charter school institute may waive the use
of the department's training program but shall provide a training program
to hearing officers and school administrators that meets or exceeds the
requirements of the department's training program.
The bill clarifies the judicial proceedings process available to a
student or the student's parents, guardians, or legal custodians to set aside
the school district board of education's decision to expel or deny
admission to the student.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
HB23-1291-2- finds and declares that:1
(a) Providing a quality education for all is fundamental to creating2
a peaceful and prosperous Colorado;3
(b) Education gives people the knowledge and skills they need to4
stay healthy, become employed, and foster tolerance;5
(c) According to the U.S. Department of Education, minorities6
and students with limited English proficiency are disciplined in school at7
higher rates than their White peers;8
(d) Expulsions or zero-tolerance policies have a disparate impact9
on students with disabilities, minority students, and students from10
working class families;11
(e) Expulsions put students at a higher risk for negative life12
outcomes, including involvement in the criminal justice system;13
(f) The state has an obligation to develop best practices for school14
expulsion policies and procedures;15
(g) To that end, effective unconscious bias training for expulsion16
hearing officers who are engaged in the expulsion process is necessary to17
increase awareness, manage biases, adjust behaviors, track progress, and18
provide information that contradicts stereotypes;19
(h) Additionally, students who are disproportionately impacted by20
their schools' expulsion policies and procedures often deal with personal21
and social trauma that, in turn, impacts students' brain development and22
behavior; and23
(i) Ensuring expulsion hearing officers who are involved in the24
school expulsion process adopt a trauma-informed perspective and are25
trained in recognizing unconscious biases is necessary to make26
sustainable long-term structural changes to expulsion policies and27
HB23-1291
-3- procedures that negatively impact Colorado's marginalized students.1
(2) The general assembly, therefore, finds and declares that it is2
necessary to bolster K-12 school attendance and require unconscious bias3
and trauma-informed practice training for expulsion hearing officers.4
SECTION 2. In Colorado Revised Statutes, 22-33-105, amend5
(2)(c) and (7); and add (2.3) and (2.4) as follows:6
22-33-105. Suspension, expulsion, and denial of admission.7
(2) In addition to the powers provided in section 22-32-110, the board of8
education of each district may:9
(c) Deny admission to, or expel for any period not extending10
beyond one year, any child STUDENT whom the board of education, in11
accordance with the limitations imposed by this article, shall determine12
ARTICLE 33, DETERMINES does not qualify for admission to, or continued13
attendance at, the public schools of the district. A board of education may14
delegate such powers to its executive officer or to a designee who shall15
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
HB23-1291
-4- 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
F AN EXPULSION HEARING IS REQUESTED BY A SCHOOL11
DISTRICT, A STUDENT, OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL12
CUSTODIAN, THE SCHOOL DISTRICT HAS THE BURDEN OF PROVING BY A13
PREPONDERANCE OF THE EVIDENCE THAT THE STUDENT VIOLATED SECTION14
22-33-106
AND THE SCHOOL DISTRICT 'S POLICY, THAT ALTERNATIVE15
REMEDIES WERE NOT APPROPRIATE , AND THAT EXCLUDING THE STUDENT16
FROM SCHOOL THROUGH EXPULSION OR DENIAL OF ADMISSION IS17
NECESSARY TO PRESERVE THE LEARNING ENVIRONMENT .18
(b) I
F AN EXPULSION HEARING IS REQUESTED PURSUANT TO19
SUBSECTION (2.3)(a) OF THIS SECTION BY A SCHOOL DISTRICT, A STUDENT,20
OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN , THE21
SCHOOL DISTRICT SEEKING TO EXPEL OR DENY ADMISSION TO THE STUDENT22
SHALL PROVIDE ALL RECORDS THAT THE SCHOOL DISTRICT INTENDS TO USE23
AS SUPPORTING EVIDENCE FOR EXPULSION OR DENIAL OF ADMISSION TO24
THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL25
CUSTODIAN AT LEAST TWO BUSINESS DAYS IN WHICH SCHOOL IS IN SESSION26
PRIOR TO THE EXPULSION HEARING. UPON DISCOVERY OF A RECORD NOT27
HB23-1291
-5- PREVIOUSLY PROVIDED, THE SCHOOL DISTRICT SHALL IMMEDIATELY1
PROVIDE THE RECORD TO THE STUDENT OR THE STUDENT 'S PARENT,2
GUARDIAN, OR LEGAL CUSTODIAN.3
(c) I
F AN EXECUTIVE OFFICER ACTING AS A HEARING OFFICER4
CONDUCTS AN EXPULSION HEARING PURSUANT TO SUBSECTION (2.3)(a) OF5
THIS SECTION, THE EXECUTIVE OFFICER SHALL CREATE A REPORT WITH6
FINDINGS OF FACT AND RECOMMENDATIONS , INCLUDING SPECIFIC FINDINGS7
REGARDING THE FACTORS SET FORTH IN SECTION 22-33-106 (1.2). IF A8
DESIGNEE ACTING AS A HEARING OFFICER CONDUCTS A HEARING , THE9
DESIGNEE SHALL FORWARD FINDINGS OF FACT AND RECOMMENDATIONS TO10
THE EXECUTIVE OFFICER AT THE CONCLUSION OF THE EXPULSION HEARING ,11
INCLUDING SPECIFIC FINDINGS REGARDING THE FACTORS SET FORTH IN12
SECTION 22-33-106 (1.2). AN EXECUTIVE OFFICER SHALL RENDER A13
WRITTEN OPINION THAT IMPOSES OR REFRAINS FROM IMPOSING14
DISCIPLINARY ACTION WITHIN FIVE BUSINESS DAYS AFTER AN EXPULSION15
HEARING IS CONDUCTED BY THE EXECUTIVE OFFICER OR BY A DESIGNEE16
ACTING AS A HEARING OFFICER. THE EXECUTIVE OFFICER SHALL PROVIDE17
THE WRITTEN OPINION TO THE STUDENT OR THE STUDENT 'S PARENT,18
GUARDIAN, OR LEGAL CUSTODIAN. THE EXECUTIVE OFFICER SHALL REPORT19
ON EACH CASE ACTED UPON AT THE NEXT MEETING OF THE BOARD OF20
EDUCATION, BRIEFLY DESCRIBING THE CIRCUMSTANCES AND THE REASONS21
FOR THE EXECUTIVE OFFICER'S OPINION.22
(d) A
STUDENT WHO IS DENIED ADMISSION OR EXPELLED AS A23
RESULT OF THE HEARING DESCRIBED IN SUBSECTION (2.3)(a) OF THIS24
SECTION HAS TEN BUSINESS DAYS AFTER THE DECISION OF THE EXECUTIVE25
OFFICER IS RENDERED TO APPEAL THE DECISION TO THE BOARD OF26
EDUCATION, AFTER WHICH TIME THE DECISION TO GRANT OR DENY THE27
HB23-1291
-6- APPEAL IS AT THE DISCRETION OF THE BOARD OF EDUCATION . THE APPEAL1
MUST CONSIST OF A REVIEW OF THE FACTS PRESENTED AND DETERMINED2
AT THE HEARING CONDUCTED BY THE EXECUTIVE OFFICER OR BY A3
DESIGNEE ACTING AS A HEARING OFFICER, ARGUMENTS RELATING TO THE4
DECISION, AND QUESTIONS OF CLARIFICATION FROM THE BOARD OF5
EDUCATION. IF THE BOARD OF EDUCATION UPHOLDS THE DETERMINATION6
OF THE EXECUTIVE OFFICER TO EXPEL OR DENY ADMISSION TO A STUDENT ,7
THE STUDENT IS ENTITLED TO A REVIEW OF THE DECISION OF THE BOARD8
OF EDUCATION IN ACCORDANCE WITH SECTION 22-33-108.9
(2.4) (a) A
HEARING OFFICER MUST NOT HAVE A CONFLICT OF10
INTEREST WITH REGARD TO A STUDENT UNDER CONSIDERATION FOR11
EXPULSION OR DENIAL OF ADMISSION, OR TOWARD ANY ALLEGED VICTIM .12
A
SCHOOL DISTRICT MUST ENSURE THAT ANY PERSON ACTING AS A13
HEARING OFFICER RECEIVES TRAINING ON HOW TO SERVE IMPARTIALLY ,14
INCLUDING AVOIDING PREJUDGMENT OF THE FACTS AT ISSUE AND15
CONFLICTS OF INTEREST. THE TRAINING MUST BE INCLUDED AS PART OF16
THE TRAINING PROGRAM OFFERED BY THE DEPARTMENT OF EDUCATION17
PURSUANT TO SUBSECTION (2.4)(c) OF THIS SECTION.18
(b) A
N EXECUTIVE OFFICER INVOLVED IN INVESTIGATING OR19
REPORTING AN INCIDENT THAT LEADS TO A HEARING THAT COULD RESULT20
IN SUSPENSION, EXPULSION, OR DENIAL OF ADMISSION OF A STUDENT21
SHALL NOT ACT AS A HEARING OFFICER. INSTEAD, THE EXECUTIVE OFFICER22
SHALL DELEGATE SUCH POWERS TO A DESIGNEE WHO IS NOT INVOLVED IN23
INVESTIGATING OR REPORTING THE INCIDENT .24
(c) (I) O
N OR BEFORE JUNE 30, 2024, THE DEPARTMENT OF25
EDUCATION SHALL CREATE AND MAINTAIN AN ONLINE TRAINING PROGRAM26
FOR HEARING OFFICERS WHO CONDUCT EXPULSION HEARINGS AND SCHOOL27
HB23-1291
-7- ADMINISTRATORS. THE DEPARTMENT OF EDUCATION SHALL COLLABORATE1
WITH STAKEHOLDERS ON THE CREATION OF THE ONLINE TRAINING2
PROGRAM.3
(II) (A) B
EGINNING JANUARY 1, 2025, SCHOOL DISTRICTS AND THE4
STATE CHARTER SCHOOL INSTITUTE SHALL REQUIRE HEARING OFFICERS TO5
COMPLETE AN INITIAL FIVE-HOUR TRAINING PROGRAM WITHIN THIRTY6
DAYS AFTER THE DATE THE HEARING OFFICER STARTS WORK AS A HEARING7
OFFICER.8
(B) I
N ADDITION TO THE INITIAL FIVE-HOUR TRAINING COMPLETED9
PURSUANT TO SUBSECTION (2.4)(c)(II)(A) OF THIS SECTION, HEARING10
OFFICERS SHALL COMPLETE AN ANNUAL TRAINING PROGRAM TO STAY11
INFORMED ON SCHOOL DISCIPLINE UPDATES .12
(III) T
RAINING MUST INCLUDE INFORMATION ON THE FOLLOWING :13
(A) C
HILD AND ADOLESCENT BRAIN DEVELOPMENT ;14
(B) R
ESTORATIVE JUSTICE;15
(C) A
LTERNATIVES TO EXPULSION;16
(D) T
RAUMA-INFORMED PRACTICES;17
(E) C
ONFLICT AND BIAS IN DISCIPLINE , SUSPENSION, AND18
EXPULSION; AND19
(F) R
EQUIREMENTS AND IMPLEMENTATION OF THE APPLICABLE20
PORTIONS OF THE FEDERAL "INDIVIDUALS WITH DISABILITIES EDUCATION21
A
CT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED; SECTION 504 OF THE22
FEDERAL "REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 794, AS23
AMENDED; THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY24
A
CT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED; THE "EXCEPTIONAL25
C
HILDREN'S EDUCATIONAL ACT", ARTICLE 20 OF THIS TITLE 22; AND THE26
"S
CHOOL ATTENDANCE LAW OF 1963", ESTABLISHED PURSUANT TO THIS27
HB23-1291
-8- ARTICLE 33.1
(IV) T
HE DEPARTMENT OF EDUCATION SHALL NOTIFY SCHOOL2
DISTRICTS AND THE STATE CHARTER SCHOOL INSTITUTE WITHIN THIRTY3
DAYS AFTER A HEARING OFFICER COMPLETES THE TRAINING PURSUANT TO4
SUBSECTION (2.4)(c)(II) OF THIS SECTION.5
(V) B
EGINNING JANUARY 1, 2025, IT IS AN ABUSE OF DISCRETION6
IF A HEARING OFFICER PRESIDES OVER AN EXPULSION HEARING AND HAS7
NOT COMPLETED THE REQUIRED TRAINING PURS UANT TO THIS SUBSECTION8
(2.4).9
(VI) A
SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL10
AUTHORIZED TO SUSPEND OR EXPEL STUDENTS , OR THE STATE CHARTER11
SCHOOL INSTITUTE MAY WAIVE THE USE OF THE DEPARTMENT OF12
EDUCATION'S TRAINING PROGRAM AND MUST PROVIDE A TRAINING13
PROGRAM TO HEARING OFFICERS AND SC HOOL ADMINISTRATORS . THE14
TRAINING PROGRAM MUST MEET OR EXCEED THE REQUIREMENTS SET15
FORTH IN SUBSECTIONS (2.4)(c)(II) AND (2.4)(c)(III) OF THIS SECTION.16
(7) (a) Notwithstanding any other provision of this part 1 to the17
contrary:18
(a)
(I) An institute charter school authorized pursuant to part 5 of19
article 30.5 of this title TITLE 22 may carry out the functions of a20
suspending authority pursuant to this section; and21
(b) (II) The state charter school institute created in part 5 of article22
30.5 of this title TITLE 22 may carry out the functions of a school district23
and its board of education with respect to the suspension, expulsion, or24
denial of admission of a student to an institute charter school.25
(b) I
F A DISTRICT CHARTER SCHOOL, AUTHORIZED PURSUANT TO26
PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, IS AUTHORIZED TO SUSPEND OR27
HB23-1291
-9- EXPEL STUDENTS AS STIPULATED IN THE CHARTER SCHOOL CONTRACT1
PURSUANT TO SECTION 22-30.5-106 (1)(p), THE DISTRICT CHARTER2
SCHOOL SHALL COMPLY WITH THIS SECTION .3
SECTION 3. In Colorado Revised Statutes, 22-33-106, amend4
(1.2) introductory portion as follows:5
22-33-106. Grounds for suspension, expulsion, and denial of6
admission. (1.2) Each school district is encouraged to SHALL consider7
each of the following factors before suspending or expelling a student8
pursuant to a provision of subsection (1) of this section:9
SECTION 4. In Colorado Revised Statutes, 22-33-108, amend10
(2) and (3) as follows:11
22-33-108. Judicial proceedings. (2) W
ITHIN FIVE BUSINESS12
DAYS AFTER A BOARD OF EDUCATION 'S DETERMINATION TO UPHOLD AN13
EXPULSION OR DENIAL OF ADMISSION, THE BOARD OF EDUCATION SHALL14
ISSUE A WRITTEN ORDER PROVIDING NOTICE OF THE DECISION . If a child or
15
his parent STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL16
CUSTODIAN desires court review of an order of the board of education17
issued pursuant to this article, he shall ARTICLE 33, THE STUDENT OR THE18
STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN MUST notify the19
board
OF EDUCATION in writing within five BUSINESS days after receiving20
official notification
NOTICE of the board's BOARD OF EDUCATION'S action.21
The board of education shall thereupon issue, or cause to be issued, to the22
child STUDENT or his parent THE STUDENT'S PARENT, GUARDIAN, OR23
LEGAL CUSTODIAN a statement of the reasons for the board's BOARD OF24
EDUCATION'S action WITHIN FIVE BUSINESS DAYS. UPON RECEIVING THE25
NOTICE FROM THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR26
LEGAL CUSTODIAN, THE BOARD OF EDUCATION SHALL CERTIFY THE27
HB23-1291
-10- RECORD AND PROVIDE A COPY TO THE STUDENT OR THE STUDENT 'S1
PARENT, GUARDIAN, OR LEGAL CUSTODIAN WITHIN FIVE BUSINESS DAYS .2
Within ten
BUSINESS days thereafter
AFTER RECEIVING THE BOARD OF3
EDUCATION'S CERTIFIED RECORD, the child STUDENT or his parents THE4
STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN may file with the5
court a petition requesting that the order of the board of education be set6
aside, to which shall MUST be appended the statement of the board of7
education. No docket or other fees shall be ARE collected by the court in8
connection with this proceeding.9
(3) After the petition is filed, the court shall notify the board
OF10
EDUCATION and shall hold a hearing on the matter WITHIN TWENTY-ONE11
CALENDAR DAYS. The court shall conduct judicial review of a hearing12
decision pursuant to rule 106 (a)(4) of the Colorado rules of civil13
procedure and rule 3.8 of the Colorado rules of juvenile procedure.14
SECTION 5. Safety clause. The general assembly hereby finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety.17
HB23-1291
-11-