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April 18, 2023 HB 23-1291
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-1006
Rep. Joseph;
Gonzales-Gutierrez
Sen. Winter F.; Fields
Date:
Bill Status:
Fiscal Analyst:
April 18, 2023
House Education
John Armstrong | 303-866-6289
john.armstrong@coleg.gov
Bill Topic: PROCEDURES FOR EXPULSION HEARING OFFICERS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill requires changes to expulsion hearings for schools and requires training for
hearing officers and administrators. The bill will increase state expenditures and school
district expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $916,880 to the Department of
Education.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 23-1291
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures General Fund $916,880 $206,484
Centrally Appropriated $18,729 $20,632
Total Expenditures $935,609 $227,116
Total FTE 0.9 FTE 1.0 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $137,532 $30,973
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April 18, 2023 HB 23-1291
Summary of Legislation
The bill modifies laws related to the suspension, expulsion, or the denial of admission of students.
Expulsion hearing procedures. The bill sets the burden of proof in expulsion hearings such that the
school district must demonstrate that the student violated state law and the school district’s policy,
that alternative remedies are not appropriate and that expulsion is necessary to preserve the learning
environment for other students. School districts must provide all records to guardians of children in
expulsion hearings and create a report with facts and recommendations based on the hearing.
Guardians have the right to appeal this decision.
Hearing officers. The bill requires that hearing officers recuse themselves if there is a conflict of
interest, including a relationship to individuals involved, or participation in the investigation or
reporting of the incident. Hearing officers must participate in an annual training on state school
discipline law, including instruction on how to weigh specified student factors, and information on
federal special education laws.
Training Program. The bill requires the Colorado Department of Education (CDE) to develop and
administer an annual training program for hearing officers and school administrators for expulsion
best practices. The initial training is five hours. After the initial training, hearing officers must
complete annual training on child and adolescent brain development, restorative justice, alternatives
to expulsion, biases in expulsion and federal requirements. School districts may waive the
department’s training program if they provide a training program that meets or exceeds the bill’s
requirements.
Judicial review. Within five days following the final action of a board of education upholding an
expulsion or denial of admission, the board must issue a written order. The student or the student’s
parent or legal guardian may file for court review of the order within 10 days, and the courts must
conduct a hearing within 21 days.
State Expenditures
The bill increases state expenditures in the CDE by $917,759 in FY 2023-24 and $227,116 in FY 2024-25,
paid from the General Fund. Expenditures are shown in Table 2 and detailed below.
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April 18, 2023 HB 23-1291
Table 2
Expenditures Under HB 23-1291
FY 2023-24 FY 2024-25
Department of Education
Personal Services $94,050 $102,599
Operating Expenses $1,350 $1,350
Capital Outlay Costs $6,670 -
Training Costs $814,810 $102,535
Centrally Appropriated Costs
1
$18,729 $20,632
FTE – Personal Services 0.9 FTE 1.0 FTE
Total Cost $935,609 $227,116
Total FTE 0.9 FTE 1.0 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Personal services. The CDE requires a principal consultant to manage the stakeholder process, report
data on trainings to local education associations and manage contracts with a vendor to develop and
update the initial and ongoing trainings. Personal services include standard operating and capital
outlay costs, and have been prorated in FY 2023-24 for the General Fund pay date shift.
Training costs. Based on prior legislation such as the Colorado READ Act, the Department of
Education will have costs between $200 and $600 per participant to deliver custom training and certify
completion to school personnel. This fiscal note assumes the low-end of this estimate and that the
training will be delivered to 3,860 administrators and hearing officers in FY 2023-24. The annual
training in FY 2024-25 and ongoing is estimated to cost roughly one-fifth of the initial training cost.
Additionally, the CDE will provide mileage reimbursement and lodging for five individuals for
stakeholder meetings to develop the training module and standards. Costs include substitute teacher
coverage for stakeholders to attend meetings. Finally, the CDE will put out requests for proposals to
purchase training content from a vendor.
Trial courts. The modified procedures, burden of proof, and timelines for appealing expulsion
decisions may minimally increase workload for the trial courts in the Judicial Department. Given the
relatively small number of cases and the review processes at the local level prior to an appealable final
decision being issued, it is assumed this work can be accomplished within existing appropriations.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated
with this bill are addressed through the annual budget process and centrally appropriated in the Long
Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee
insurance and supplemental employee retirement payments, are shown in Table 2.
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April 18, 2023 HB 23-1291
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve. Based on this fiscal note, the
bill is expected to increase the amount of General Fund held in reserve by the amounts shown in
Table 1, decreasing the amount of General Fund available for other purposes.
School District
School districts must ensure that all hearing officers receive the annual training either developed by
the CDE or the school district. This expense will be paid using a school or district’s existing resources.
Districts will have additional workload and costs to provide required documentation and information
to students and parents prior to a hearing within specified timelines. Hearing processes and
participation by school district employees may also be adjusted under the bill. In addition, legal costs
will increase for school districts to participate in any cases referred for judicial review.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
For FY 2023-24, the bill requires a General Fund appropriation of $916,880 to the Department of
Education, and 0.9 FTE.
State and Local Government Contacts
Education Judicial School Districts
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.