HOUSE BILL 23-1291
BY REPRESENTATIVE(S) Joseph and Gonzales-Gutierrez, Bacon,
Bockenfeld, Brown, Epps, Garcia, Lieder, Lindsay, Lindstedt, Mabrey,
Ricks, Story, Velasco, Vigil, Willford, Woodrow, Amabile, Dickson,
Duran, English, Froelich, Jodeh, Martinez, Mauro, McLachlan,
Michaelson Jenet, Ortiz, Sharbini, Sirota, McCluskie;
also SENATOR(S) Winter F. and Fields, Coleman, Exum, Gonzales,
Buckner, Cutter, Moreno, Priola, Rodriguez, Sullivan.
C
ONCERNING PROCEDURES FOR EXPULSION HEARING OFFICERS , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Providing a quality education for all is fundamental to creating
a peaceful and prosperous Colorado;
(b) Education gives people the knowledge and skills they need to
stay healthy, become employed, and foster tolerance;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (c) According to the U.S. Department of Education, minorities and
students with limited English proficiency are disciplined in school at higher
rates than their White peers;
(d) Expulsions or zero-tolerance policies have a disparate impact on
students with disabilities, minority students, and students from working
class families;
(e) Expulsions put students at a higher risk for negative life
outcomes, including involvement in the criminal justice system;
(f) The state has an obligation to develop best practices for school
expulsion policies and procedures;
(g) To that end, effective unconscious bias training for expulsion
hearing officers who are engaged in the expulsion process is necessary to
increase awareness, manage biases, adjust behaviors, track progress, and
provide information that contradicts stereotypes;
(h) Additionally, students who are disproportionately impacted by
their schools' expulsion policies and procedures often deal with personal
and social trauma that, in turn, impacts students' brain development and
behavior; and
(i) Ensuring expulsion hearing officers who are involved in the
school expulsion process adopt a trauma-informed perspective and are
trained in recognizing unconscious biases is necessary to make sustainable
long-term structural changes to expulsion policies and procedures that
negatively impact Colorado's marginalized students.
(2) The general assembly, therefore, finds and declares that it is
necessary to bolster K-12 school attendance and require unconscious bias
and trauma-informed practice training for expulsion hearing officers.
SECTION 2. In Colorado Revised Statutes, 22-33-105, amend
(2)(c) and (7); and add (2.3), (2.4), and (4.5) as follows:
22-33-105. Suspension, expulsion, and denial of admission.
(2) In addition to the powers provided in section 22-32-110, the board of
education of each district may:
PAGE 2-HOUSE BILL 23-1291 (c) Deny admission to, or expel for any period not extending beyond
one year, any child STUDENT whom the board of education, in accordance
with the limitations imposed by this article, shall determine ARTICLE 33,
DETERMINES does not qualify for admission to, or continued attendance at,
the public schools of the district. A board of education may delegate such
powers to its executive officer or to a designee who shall serve
SERVES as
a hearing officer. If the hearing is conducted by a designee acting as a
hearing officer, the hearing officer shall forward findings of fact and
recommendations to the executive officer at the conclusion of the hearing.
The executive officer shall render a written opinion within five days after
a hearing conducted by the executive officer or by a hearing officer. The
executive officer shall report on each case acted upon at the next meeting
of the board of education, briefly describing the circumstances and the
reasons for the executive officer's action. A child who is denied admission
or expelled as an outcome of the hearing shall have ten days after the denial
of admission or expulsion to appeal the decision of the executive officer to
the board of education, after which time the decision to grant or deny the
appeal shall be at the discretion of the board of education. The appeal shall
consist of a review of the facts that were presented and that were
determined at the hearing conducted by the executive officer or by a
designee acting as a hearing officer, arguments relating to the decision, and
questions of clarification from the board of education. No board of
education shall deny admission to, or expel, any child without a hearing, if
one is requested by the parent, guardian, or legal custodian of the child, at
which evidence may be presented in the child's behalf. If the child is denied
admission or expelled, the child shall be entitled to a review of the decision
of the board of education in accordance with section 22-33-108.
(2.3) (a) IF AN EXPULSION HEARING IS REQUESTED BY A SCHOOL
DISTRICT
, A STUDENT, OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL
CUSTODIAN
, THE SCHOOL DISTRICT HAS THE BURDEN OF PROVING BY A
PREPONDERANCE OF THE EVIDENCE THAT THE STUDENT VIOLATED SECTION
22-33-106 AND THE SCHOOL DISTRICT'S POLICY.
(b) I
F AN EXPULSION HEARING IS REQUESTED PURSUANT TO
SUBSECTION
(2.3)(a) OF THIS SECTION BY A SCHOOL DISTRICT, A STUDENT,
OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN, THE SCHOOL
DISTRICT SEEKING TO EXPEL OR DENY ADMISSION TO THE STUDENT SHALL
PROVIDE ALL RECORDS THAT THE SCHOOL DISTRICT INTENDS TO USE AS
SUPPORTING EVIDENCE FOR EXPULSION OR DENIAL OF ADMISSION TO THE
PAGE 3-HOUSE BILL 23-1291 STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN AT
LEAST TWO BUSINESS DAYS IN WHICH SCHOOL IS IN SESSION PRIOR TO THE
EXPULSION HEARING
. UPON DISCOVERY OF A RECORD NOT PREVIOUSLY
PROVIDED
, THE SCHOOL DISTRICT SHALL IMMEDIATELY PROVIDE THE RECORD
TO THE STUDENT OR THE STUDENT
'S PARENT, GUARDIAN, OR LEGAL
CUSTODIAN
.
(c) I
F AN EXECUTIVE OFFICER ACTING AS A HEARING OFFICER
CONDUCTS AN EXPULSION HEARING PURSUANT TO SUBSECTION
(2.3)(a) OF
THIS SECTION
, THE EXECUTIVE OFFICER SHALL CREATE A REPORT WITH
FINDINGS OF FACT AND RECOMMENDATIONS
, INCLUDING SPECIFIC FINDINGS
REGARDING THE FACTORS SET FORTH IN SECTION
22-33-106 (1.2). IF A
DESIGNEE ACTING AS A HEARING OFFICER CONDUCTS A HEARING
, THE
DESIGNEE SHALL FORWARD FINDINGS OF FACT AND RECOMMENDATIONS TO
THE EXECUTIVE OFFICER AT THE CONCLUSION OF THE EXPULSION HEARING
,
INCLUDING SPECIFIC FINDINGS REGARDING THE FACTORS SET FORTH IN
SECTION
22-33-106 (1.2). AN EXECUTIVE OFFICER SHALL RENDER A WRITTEN
OPINION THAT IMPOSES OR REFRAINS FROM IMPOSING DISCIPLINARY ACTION
WITHIN FIVE BUSINESS DAYS AFTER AN EXPULSION HEARING IS CONDUCTED
BY THE EXECUTIVE OFFICER OR BY A DESIGNEE ACTING AS A HEARING
OFFICER
. THE EXECUTIVE OFFICER SHALL PROVIDE THE WRITTEN OPINION TO
THE STUDENT OR THE STUDENT
'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.
T
HE EXECUTIVE OFFICER SHALL REPORT ON EACH CASE ACTED UPON AT THE
NEXT MEETING OF THE BOARD OF EDUCATION
, BRIEFLY DESCRIBING THE
CIRCUMSTANCES AND THE REASONS FOR THE EXECUTIVE OFFICER
'S OPINION.
(d) A
STUDENT WHO IS DENIED ADMISSION OR EXPELLED AS A RESULT
OF THE HEARING DESCRIBED IN SUBSECTION
(2.3)(a) OF THIS SECTION HAS
TEN BUSINESS DAYS AFTER THE DECISION OF THE EXECUTIVE OFFICER IS
RENDERED TO APPEAL THE DECISION TO THE BOARD OF EDUCATION
, AFTER
WHICH TIME THE DECISION TO GRANT OR DENY THE APPEAL IS AT THE
DISCRETION OF THE BOARD OF EDUCATION
. THE APPEAL MUST CONSIST OF A
REVIEW OF THE FACTS PRESENTED AND D ETERMINED AT THE HEARING
CONDUCTED BY THE EXECUTIVE OFFICER OR BY A DESIGNEE ACTING AS A
HEARING OFFICER
, ARGUMENTS RELATING TO THE DECISION, AND QUESTIONS
OF CLARIFICATION FROM THE BOARD OF EDUCATION
. IF THE BOARD OF
EDUCATION UPHOLDS THE DETERMINATION OF THE EXECUTIVE OFFICER TO
EXPEL OR DENY ADMISSION TO A STUDENT
, THE STUDENT IS ENTITLED TO A
REVIEW OF THE DECISION OF THE BOARD OF EDUCATION IN ACCORDANCE
WITH SECTION
22-33-108.
PAGE 4-HOUSE BILL 23-1291 (2.4) (a) A HEARING OFFICER MUST NOT HAVE A CONFLICT OF
INTEREST WITH REGARD TO A STUDENT UNDER CONSIDERATION FOR
EXPULSION OR DENIAL OF ADMISSION
, OR TOWARD ANY ALLEGED VICTIM . A
SCHOOL DISTRICT MUST ENSURE THAT ANY PERSON ACTING AS A HEARING
OFFICER RECEIVES TRAINING ON HOW TO SERVE IMPARTIALLY
, INCLUDING
AVOIDING PREJUDGMENT OF THE FACTS AT ISSUE AND CONFLICTS OF
INTEREST
. THE TRAINING MUST BE INCLUDED AS PART OF THE TRAINING
PROGRAM OFFERED BY THE DEPARTMENT OF EDUCATION PURSUANT TO
SUBSECTION
(2.4)(c) OF THIS SECTION.
(b) A
N EXECUTIVE OFFICER INVOLVED IN INVESTIGATING OR
REPORTING AN INCIDENT THAT LEADS TO A HEARING THAT COULD RESULT IN
SUSPENSION
, EXPULSION, OR DENIAL OF ADMISSION OF A STUDENT SHALL
NOT ACT AS A HEARING OFFICER
. INSTEAD, THE EXECUTIVE OFFICER SHALL
DELEGATE SUCH POWERS TO A DESIGNEE WHO IS NOT INVOLVED IN
INVESTIGATING OR REPORTING THE INCIDENT
.
(c) (I) O
N OR BEFORE JUNE 30, 2024, THE DEPARTMENT OF
EDUCATION SHALL CREATE AND MAINTAIN THE ONLINE TRAINING PROGRAM
FOR HEARING OFFICERS WHO CONDUCT EXPULSION HEARINGS
. THE
DEPARTMENT OF EDUCATION SHALL COLLABORATE WITH STAKEHOLDERS ON
THE CREATION OF THE ONLINE TRAINING PROGRAM
, WHICH MAY OCCUR
VIRTUALLY BY VIDEO OR AUDIO
.
(II) (A) B
EGINNING JANUARY 1, 2025, SCHOOL DISTRICTS AND THE
STATE CHARTER SCHOOL INSTITUTE SHALL REQUIRE HEARING OFFICERS TO
COMPLETE AN INITIAL FIVE
-HOUR TRAINING PROGRAM WITHIN THIRTY DAYS
AFTER THE DATE THE HEARING OFFICER STARTS WORK AS A HEARING
OFFICER
.
(B) I
N ADDITION TO THE INITIAL FIVE-HOUR TRAINING COMPLETED
PURSUANT TO SUBSECTION
(2.4)(c)(II)(A) OF THIS SECTION, HEARING
OFFICERS SHALL COMPLETE AN ANNUAL TRAINING PROGRAM TO STAY
INFORMED ON SCHOOL DISCIPLINE UPDATES
.
(III) T
RAINING MUST INCLUDE INFORMATION ON THE FOLLOWING :
(A) C
HILD AND ADOLESCENT BRAIN DEVELOPMENT ;
(B) R
ESTORATIVE JUSTICE;
PAGE 5-HOUSE BILL 23-1291 (C) ALTERNATIVES TO EXPULSION;
(D) T
RAUMA-INFORMED PRACTICES;
(E) C
ONFLICT AND BIAS IN DISCIPLINE, SUSPENSION, AND EXPULSION;
AND
(F) REQUIREMENTS AND IMPLEMENTATION OF THE APPLICABLE
PORTIONS OF THE FEDERAL
"INDIVIDUALS WITH DISABILITIES EDUCATION
ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED; SECTION 504 OF THE
FEDERAL
"REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 794, AS
AMENDED
; THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT
OF
1974", 20 U.S.C. SEC. 1232g, AS AMENDED; THE "EXCEPTIONAL
CHILDREN'S EDUCATIONAL ACT", ARTICLE 20 OF THIS TITLE 22; AND THE
"SCHOOL ATTENDANCE LAW OF 1963", ESTABLISHED PURSUANT TO THIS
ARTICLE
33.
(IV) B
EGINNING JANUARY 1, 2025, IT IS AN ABUSE OF DISCRETION IF
A HEARING OFFICER PRESIDES OVER AN EXPULSION HEARING AND HAS NOT
COMPLETED THE REQUIRED TRAINING PURSUANT TO THIS SUBSECTION
(2.4).
(V) A
SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL AUTHORIZED
TO SUSPEND OR EXPEL STUDENTS
, OR THE STATE CHARTER SCHOOL
INSTITUTE MAY DEVELOP AND PROVIDE A TRAINING PROGRAM TO HEARING
OFFICERS AND SCHOOL ADMINISTRATORS
. THE TRAINING PROGRAM MUST
MEET OR EXCEED THE REQUIREMENTS SET FORTH IN SUBSECTIONS
(2.4)(c)(II)
AND (2.4)(c)(III) OF THIS SECTION.
(4.5) T
HE BOARD OF EDUCATION OF EACH DISTRICT SHALL ADOPT A
POLICY THAT STATES A STUDENT MUST NOT BE EXPELLED OR DENIED
ADMISSION UNLESS THE SCHOOL DISTRICT CONSIDERS WHETHER
ALTERNATIVE REMEDIES ARE APPROPRIATE AND WHETHER EXCLUDING THE
STUDENT FROM SCHOOL IS NECESSARY TO PRESERVE THE LEARNING
ENVIRONMENT
.
(7) (a) Notwithstanding any other provision of this part 1 to the
contrary:
(a)
(I) An institute charter school authorized pursuant to part 5 of
article 30.5 of this title TITLE 22 may carry out the functions of a suspending
PAGE 6-HOUSE BILL 23-1291 authority pursuant to this section; and
(b) (II) The state charter school institute created in part 5 of article
30.5 of this title TITLE 22 may carry out the functions of a school district and
its board of education with respect to the suspension, expulsion, or denial
of admission of a student to an institute charter school.
(b) I
F A DISTRICT CHARTER SCHOOL, AUTHORIZED PURSUANT TO PART
1 OF ARTICLE 30.5 OF THIS TITLE 22, IS AUTHORIZED TO SUSPEND OR EXPEL
STUDENTS AS STIPULATED IN THE CHARTER SCHOOL CONTRACT PURSUANT
TO SECTION
22-30.5-106 (1)(p), THE DISTRICT CHARTER SCHOOL SHALL
COMPLY WITH THIS SECTION
.
SECTION 3. In Colorado Revised Statutes, 22-33-106, amend
(1.2) introductory portion as follows:
22-33-106. Grounds for suspension, expulsion, and denial of
admission. (1.2) Each school district is encouraged to
SHALL consider each
of the following factors before suspending or expelling a student pursuant
to a provision of
subsection (1) of this section:
SECTION 4. In Colorado Revised Statutes, 22-33-108, amend (2)
and (3) as follows:
22-33-108. Judicial proceedings. (2) W
ITHIN FIVE BUSINESS DAYS
AFTER A BOARD OF EDUCATION
'S DETERMINATION TO UPHOLD AN EXPULSION
OR DENIAL OF ADMISSION
, THE BOARD OF EDUCATION SHALL ISSUE A
WRITTEN ORDER PROVIDING NOTICE OF THE DECISION
. If a child or his parent
STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN
desires court review of an order of the board of education issued pursuant
to this article, he shall ARTICLE 33, THE STUDENT OR THE STUDENT'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN MUST notify the board OF EDUCATION in
writing within five
BUSINESS days after receiving official notificationNOTICE of the board's BOARD OF EDUCATION 'S action. The board of
education shall thereupon issue, or cause to be issued, to the child STUDENT
or his parent THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN a
statement of the reasons for the board's BOARD OF EDUCATION'S action
WITHIN FIVE BUSINESS DAYS. UPON RECEIVING THE NOTICE FROM THE
STUDENT OR THE STUDENT
'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN, THE
BOARD OF EDUCATION SHALL PROVIDE A COMPLETE AND ACCURATE COPY OF
PAGE 7-HOUSE BILL 23-1291 THE EXPULSION RECORD TO THE STUDENT OR THE STUDENT 'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN WITHIN FIVE BUSINESS DAYS . Within ten
BUSINESS days thereafter AFTER RECEIVING THE BOARD OF EDUCATION 'S
EXPULSION RECORD
, the child
STUDENT or his parents THE STUDENT'S
PARENT
, GUARDIAN, OR LEGAL CUSTODIAN may file with the court a petition
requesting that the order of the board of education be set aside, to which
shall
MUST be appended the statement of the board of education. No docket
or other fees shall be ARE collected by the court in connection with this
proceeding.
(3) After the petition is filed, the court shall notify the board
OF
EDUCATION
and shall hold a hearing on the matter WITHIN TWENTY-ONE
CALENDAR DAYS
. The court shall conduct judicial review of a hearing
decision pursuant to rule 106 (a)(4) of the Colorado rules of civil procedure
and rule 3.8 of the Colorado rules of juvenile procedure.
SECTION 5. Appropriation. For the 2023-24 state fiscal year,
$162,720 is appropriated to the department of education. This appropriation
is from the general fund and is based on an assumption that the department
will require an additional 0.9 FTE. To implement this act, the department
may use this appropriation for expulsion hearing officer training and
support.
SECTION 6. Safety clause. The general assembly hereby finds,
PAGE 8-HOUSE BILL 23-1291 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 23-1291