First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-1006.01 Alana Rosen x2606
HOUSE BILL 23-1291
House Committees Senate Committees
Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING PROCEDURES FOR EXPULSION HEARING
OFFICERS, AND,101
IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .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 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
HOUSE
Amended 2nd Reading
April 29, 2023
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. student from school through expulsion or denial of
admission is necessary to preserve the learning
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
1291-2- SECTION 1. Legislative declaration. (1) The general assembly1
finds and declares that:2
(a) Providing a quality education for all is fundamental to creating3
a peaceful and prosperous Colorado;4
(b) Education gives people the knowledge and skills they need to5
stay healthy, become employed, and foster tolerance;6
(c) According to the U.S. Department of Education, minorities7
and students with limited English proficiency are disciplined in school at8
higher rates than their White peers;9
(d) Expulsions or zero-tolerance policies have a disparate impact10
on students with disabilities, minority students, and students from11
working class families;12
(e) Expulsions put students at a higher risk for negative life13
outcomes, including involvement in the criminal justice system;14
(f) The state has an obligation to develop best practices for school15
expulsion policies and procedures;16
(g) To that end, effective unconscious bias training for expulsion17
hearing officers who are engaged in the expulsion process is necessary to18
increase awareness, manage biases, adjust behaviors, track progress, and19
provide information that contradicts stereotypes;20
(h) Additionally, students who are disproportionately impacted by21
their schools' expulsion policies and procedures often deal with personal22
and social trauma that, in turn, impacts students' brain development and23
behavior; and24
(i) Ensuring expulsion hearing officers who are involved in the25
school expulsion process adopt a trauma-informed perspective and are26
trained in recognizing unconscious biases is necessary to make27
1291
-3- sustainable long-term structural changes to expulsion policies and1
procedures that negatively impact Colorado's marginalized students.2
(2) The general assembly, therefore, finds and declares that it is3
necessary to bolster K-12 school attendance and require unconscious bias4
and trauma-informed practice training for expulsion hearing officers.5
SECTION 2. In Colorado Revised Statutes, 22-33-105, amend6
(2)(c) and (7); and add (2.3), (2.4), and (4.5) as follows:7
22-33-105. Suspension, expulsion, and denial of admission.8
(2) In addition to the powers provided in section 22-32-110, the board of9
education of each district may:10
(c) Deny admission to, or expel for any period not extending11
beyond one year, any child STUDENT whom the board of education, in12
accordance with the limitations imposed by this article, shall determine13
ARTICLE 33, DETERMINES does not qualify for admission to, or continued14
attendance at, the public schools of the district. A board of education may15
delegate such powers to its executive officer or to a designee who shall16
serve SERVES as a hearing officer. If the hearing is conducted by a17
designee acting as a hearing officer, the hearing officer shall forward18
findings of fact and recommendations to the executive officer at the19
conclusion of the hearing. The executive officer shall render a written20
opinion within five days after a hearing conducted by the executive21
officer or by a hearing officer. The executive officer shall report on each22
case acted upon at the next meeting of the board of education, briefly23
describing the circumstances and the reasons for the executive officer's24
action. A child who is denied admission or expelled as an outcome of the25
hearing shall have ten days after the denial of admission or expulsion to26
appeal the decision of the executive officer to the board of education,27
1291
-4- after which time the decision to grant or deny the appeal shall be at the1
discretion of the board of education. The appeal shall consist of a review2
of the facts that were presented and that were determined at the hearing3
conducted by the executive officer or by a designee acting as a hearing4
officer, arguments relating to the decision, and questions of clarification5
from the board of education. No board of education shall deny admission6
to, or expel, any child without a hearing, if one is requested by the parent,7
guardian, or legal custodian of the child, at which evidence may be8
presented in the child's behalf. If the child is denied admission or9
expelled, the child shall be entitled to a review of the decision of the10
board of education in accordance with section 22-33-108.11
(2.3) (a) I
F AN EXPULSION HEARING IS REQUESTED BY A SCHOOL12
DISTRICT, A STUDENT, OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL13
CUSTODIAN, THE SCHOOL DISTRICT HAS THE BURDEN OF PROVING BY A14
PREPONDERANCE OF THE EVIDENCE THAT THE STUDENT VIOLATED SECTION15
22-33-106
AND THE SCHOOL DISTRICT'S
POLICY. 16
(b) I
F AN EXPULSION HEARING IS REQUESTED PURSUANT TO17
SUBSECTION (2.3)(a) OF THIS SECTION BY A SCHOOL DISTRICT, A STUDENT,18
OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN , THE19
SCHOOL DISTRICT SEEKING TO EXPEL OR DENY ADMISSION TO THE STUDENT20
SHALL PROVIDE ALL RECORDS THAT THE SCHOOL DISTRICT INTENDS TO USE21
AS SUPPORTING EVIDENCE FOR EXPULSION OR DENIAL OF ADMISSION TO22
THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL23
CUSTODIAN AT LEAST TWO BUSINESS DAYS IN WHICH SCHOOL IS IN SESSION24
PRIOR TO THE EXPULSION HEARING. UPON DISCOVERY OF A RECORD NOT25
PREVIOUSLY PROVIDED, THE SCHOOL DISTRICT SHALL IMMEDIATELY26
PROVIDE THE RECORD TO THE STUDENT OR THE STUDENT 'S PARENT,27
1291
-5- GUARDIAN, OR LEGAL CUSTODIAN.1
(c) I
F AN EXECUTIVE OFFICER ACTING AS A HEARING OFFICER2
CONDUCTS AN EXPULSION HEARING PURSUANT TO SUBSECTION (2.3)(a) OF3
THIS SECTION, THE EXECUTIVE OFFICER SHALL CREATE A REPORT WITH4
FINDINGS OF FACT AND RECOMMENDATIONS , INCLUDING SPECIFIC FINDINGS5
REGARDING THE FACTORS SET FORTH IN SECTION 22-33-106 (1.2). IF A6
DESIGNEE ACTING AS A HEARING OFFICER CONDUCTS A HEARING , THE7
DESIGNEE SHALL FORWARD FINDINGS OF FACT AND RECOMMENDATIONS TO8
THE EXECUTIVE OFFICER AT THE CONCLUSION OF THE EXPULSION HEARING ,9
INCLUDING SPECIFIC FINDINGS REGARDING THE FACTORS SET FORTH IN10
SECTION 22-33-106 (1.2). AN EXECUTIVE OFFICER SHALL RENDER A11
WRITTEN OPINION THAT IMPOSES OR REFRAINS FROM IMPOSING12
DISCIPLINARY ACTION WITHIN FIVE BUSINESS DAYS AFTER AN EXPULSION13
HEARING IS CONDUCTED BY THE EXECUTIVE OFFICER OR BY A DESIGNEE14
ACTING AS A HEARING OFFICER. THE EXECUTIVE OFFICER SHALL PROVIDE15
THE WRITTEN OPINION TO THE STUDENT OR THE STUDENT 'S PARENT,16
GUARDIAN, OR LEGAL CUSTODIAN. THE EXECUTIVE OFFICER SHALL REPORT17
ON EACH CASE ACTED UPON AT THE NEXT MEETING OF THE BOARD OF18
EDUCATION, BRIEFLY DESCRIBING THE CIRCUMSTANCES AND THE REASONS19
FOR THE EXECUTIVE OFFICER'S OPINION.20
(d) A
STUDENT WHO IS DENIED ADMISSION OR EXPELLED AS A21
RESULT OF THE HEARING DESCRIBED IN SUBSECTION (2.3)(a) OF THIS22
SECTION HAS TEN BUSINESS DAYS AFTER THE DECISION OF THE EXECUTIVE23
OFFICER IS RENDERED TO APPEAL THE DECISION TO THE BOARD OF24
EDUCATION, AFTER WHICH TIME THE DECISION TO GRANT OR DENY THE25
APPEAL IS AT THE DISCRETION OF THE BOARD OF EDUCATION . THE APPEAL26
MUST CONSIST OF A REVIEW OF THE FACTS PRESENTED AND DETERMINED27
1291
-6- AT THE HEARING CONDUCTED BY THE EXECUTIVE OFFICER OR BY A1
DESIGNEE ACTING AS A HEARING OFFICER, ARGUMENTS RELATING TO THE2
DECISION, AND QUESTIONS OF CLARIFICATION FROM THE BOARD OF3
EDUCATION. IF THE BOARD OF EDUCATION UPHOLDS THE DETERMINATION4
OF THE EXECUTIVE OFFICER TO EXPEL OR DENY ADMISSION TO A STUDENT ,5
THE STUDENT IS ENTITLED TO A REVIEW OF THE DECISION OF THE BOARD6
OF EDUCATION IN ACCORDANCE WITH SECTION 22-33-108.7
(2.4) (a) A
HEARING OFFICER MUST NOT HAVE A CONFLICT OF8
INTEREST WITH REGARD TO A STUDENT UNDER CONSIDERATION FOR9
EXPULSION OR DENIAL OF ADMISSION, OR TOWARD ANY ALLEGED VICTIM .10
A
SCHOOL DISTRICT MUST ENSURE THAT ANY PERSON ACTING AS A11
HEARING OFFICER RECEIVES TRAINING ON HOW TO SERVE IMPARTIALLY ,12
INCLUDING AVOIDING PREJUDGMENT OF THE FACTS AT ISSUE AND13
CONFLICTS OF INTEREST. THE TRAINING MUST BE INCLUDED AS PART OF14
THE TRAINING PROGRAM OFFERED BY THE DEPARTMENT OF EDUCATION15
PURSUANT TO SUBSECTION (2.4)(c) OF THIS SECTION.16
(b) A
N EXECUTIVE OFFICER INVOLVED IN INVESTIGATING OR17
REPORTING AN INCIDENT THAT LEADS TO A HEARING THAT COULD RESULT18
IN SUSPENSION, EXPULSION, OR DENIAL OF ADMISSION OF A STUDENT19
SHALL NOT ACT AS A HEARING OFFICER. INSTEAD, THE EXECUTIVE OFFICER20
SHALL DELEGATE SUCH POWERS TO A DESIGNEE WHO IS NOT INVOLVED IN21
INVESTIGATING OR REPORTING THE INCIDENT .22
(c) (I) O
N OR BEFORE JUNE 30, 2024, THE DEPARTMENT OF23
EDUCATION SHALL CREATE AND MAINTAIN
THE ONLINE TRAINING24
PROGRAM FOR HEARING OFFICERS WHO CONDUCT EXPULSION HEARINGS.25
THE DEPARTMENT OF EDUCATION SHALL COLLABORATE WITH26
STAKEHOLDERS ON THE CREATION OF THE ONLINE TRAINING PROGRAM,27
1291
-7- WHICH MAY OCCUR VIRTUALLY BY VIDEO OR AUDIO .1
(II) (A) B
EGINNING JANUARY 1, 2025, SCHOOL DISTRICTS AND THE2
STATE CHARTER SCHOOL INSTITUTE SHALL REQUIRE HEARING OFFICERS TO3
COMPLETE AN INITIAL FIVE-HOUR TRAINING PROGRAM WITHIN THIRTY4
DAYS AFTER THE DATE THE HEARING OFFICER STARTS WORK AS A HEARING5
OFFICER.6
(B) I
N ADDITION TO THE INITIAL FIVE-HOUR TRAINING COMPLETED7
PURSUANT TO SUBSECTION (2.4)(c)(II)(A) OF THIS SECTION, HEARING8
OFFICERS SHALL COMPLETE AN ANNUAL TRAINING PROGRAM TO STAY9
INFORMED ON SCHOOL DISCIPLINE UPDATES .10
(III) T
RAINING MUST INCLUDE INFORMATION ON THE FOLLOWING :11
(A) C
HILD AND ADOLESCENT BRAIN DEVELOPMENT ;12
(B) R
ESTORATIVE JUSTICE;13
(C) A
LTERNATIVES TO EXPULSION;14
(D) T
RAUMA-INFORMED PRACTICES;15
(E) C
ONFLICT AND BIAS IN DISCIPLINE , SUSPENSION, AND16
EXPULSION; AND17
(F) R
EQUIREMENTS AND IMPLEMENTATION OF THE APPLICABLE18
PORTIONS OF THE FEDERAL "INDIVIDUALS WITH DISABILITIES EDUCATION19
A
CT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED; SECTION 504 OF THE20
FEDERAL "REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 794, AS21
AMENDED; THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY22
A
CT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED; THE "EXCEPTIONAL23
C
HILDREN'S EDUCATIONAL ACT", ARTICLE 20 OF THIS TITLE 22; AND THE24
"S
CHOOL ATTENDANCE LAW OF 1963", ESTABLISHED PURSUANT TO THIS25
ARTICLE 33.26
27
1291
-8- (IV) BEGINNING JANUARY 1, 2025, IT IS AN ABUSE OF DISCRETION1
IF A HEARING OFFICER PRESIDES OVER AN EXPULSION HEARING AND HAS2
NOT COMPLETED THE REQUIRED TRAINING PURSUANT TO THIS SUBSECTION3
(2.4).4
(V) A SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL5
AUTHORIZED TO SUSPEND OR EXPEL STUDENTS , OR THE STATE CHARTER6
SCHOOL INSTITUTE MAY DEVELOP AND PROVIDE A TRAINING PROGRAM7
TO HEARING OFFICERS AND SCHOOL ADMINISTRATORS . THE TRAINING8
PROGRAM MUST MEET OR EXCEED THE REQUIREMENTS SET FORTH IN9
SUBSECTIONS (2.4)(c)(II) AND (2.4)(c)(III) OF THIS SECTION.10
(4.5) THE BOARD OF EDUCATION OF EACH DISTRICT SHALL ADOPT11
A POLICY THAT STATES A STUDENT MUST NOT BE EXPELLED OR DENIED12
ADMISSION UNLESS THE SCHOOL DISTRICT CONSIDERS WHETHER13
ALTERNATIVE REMEDIES ARE APPROPRIATE AND WHETHER EXCLUDING THE14
STUDENT FROM SCHOOL IS NECESSARY TO PRESERVE THE LEARNING15
ENVIRONMENT.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
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 PROVIDE A27
1291
-10- COMPLETE AND ACCURATE COPY OF THE EXPULSION RECORD TO THE1
STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN2
WITHIN FIVE BUSINESS DAYS. Within ten BUSINESS days thereafter AFTER3
RECEIVING THE BOARD OF EDUCATION 'S EXPULSION RECORD, the child4
STUDENT or his parents THE STUDENT'S PARENT, GUARDIAN, OR LEGAL5
CUSTODIAN may file with the court a petition requesting that the order of6
the board of education be set aside, to which shall MUST be appended the7
statement of the board of education. No docket or other fees shall be ARE8
collected by the court in 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. Appropriation. For the 2023-24 state fiscal year,15
$162,720 is appropriated to the department of education. This16
appropriation is from the general fund and is based on an assumption that17
the department will require an additional 0.9 FTE. To implement this act,18
the department may use this appropriation for expulsion hearing officer19
training and support.20
SECTION 6. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
1291
-11-