10 | | - | ONCERNING PROCEDURES FOR EXPULSION HEARING OFFICERS , AND, IN |
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11 | | - | CONNECTION THEREWITH |
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12 | | - | , MAKING AN APPROPRIATION. |
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13 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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14 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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15 | | - | finds and declares that: |
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16 | | - | (a) Providing a quality education for all is fundamental to creating |
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17 | | - | a peaceful and prosperous Colorado; |
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18 | | - | (b) Education gives people the knowledge and skills they need to |
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19 | | - | stay healthy, become employed, and foster tolerance; |
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20 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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21 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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22 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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23 | | - | history, or the Session Laws. |
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24 | | - | ________ |
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25 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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26 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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27 | | - | the act. (c) According to the U.S. Department of Education, minorities and |
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28 | | - | students with limited English proficiency are disciplined in school at higher |
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29 | | - | rates than their White peers; |
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30 | | - | (d) Expulsions or zero-tolerance policies have a disparate impact on |
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31 | | - | students with disabilities, minority students, and students from working |
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32 | | - | class families; |
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33 | | - | (e) Expulsions put students at a higher risk for negative life |
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34 | | - | outcomes, including involvement in the criminal justice system; |
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35 | | - | (f) The state has an obligation to develop best practices for school |
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36 | | - | expulsion policies and procedures; |
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37 | | - | (g) To that end, effective unconscious bias training for expulsion |
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38 | | - | hearing officers who are engaged in the expulsion process is necessary to |
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39 | | - | increase awareness, manage biases, adjust behaviors, track progress, and |
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40 | | - | provide information that contradicts stereotypes; |
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41 | | - | (h) Additionally, students who are disproportionately impacted by |
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42 | | - | their schools' expulsion policies and procedures often deal with personal |
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43 | | - | and social trauma that, in turn, impacts students' brain development and |
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44 | | - | behavior; and |
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45 | | - | (i) Ensuring expulsion hearing officers who are involved in the |
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46 | | - | school expulsion process adopt a trauma-informed perspective and are |
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47 | | - | trained in recognizing unconscious biases is necessary to make sustainable |
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48 | | - | long-term structural changes to expulsion policies and procedures that |
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49 | | - | negatively impact Colorado's marginalized students. |
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50 | | - | (2) The general assembly, therefore, finds and declares that it is |
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51 | | - | necessary to bolster K-12 school attendance and require unconscious bias |
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52 | | - | and trauma-informed practice training for expulsion hearing officers. |
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53 | | - | SECTION 2. In Colorado Revised Statutes, 22-33-105, amend |
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54 | | - | (2)(c) and (7); and add (2.3), (2.4), and (4.5) as follows: |
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55 | | - | 22-33-105. Suspension, expulsion, and denial of admission. |
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56 | | - | (2) In addition to the powers provided in section 22-32-110, the board of |
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57 | | - | education of each district may: |
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58 | | - | PAGE 2-HOUSE BILL 23-1291 (c) Deny admission to, or expel for any period not extending beyond |
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59 | | - | one year, any child STUDENT whom the board of education, in accordance |
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60 | | - | with the limitations imposed by this article, shall determine ARTICLE 33, |
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61 | | - | DETERMINES does not qualify for admission to, or continued attendance at, |
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62 | | - | the public schools of the district. A board of education may delegate such |
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63 | | - | powers to its executive officer or to a designee who shall serve |
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64 | | - | SERVES as |
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65 | | - | a hearing officer. If the hearing is conducted by a designee acting as a |
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66 | | - | hearing officer, the hearing officer shall forward findings of fact and |
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67 | | - | recommendations to the executive officer at the conclusion of the hearing. |
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68 | | - | The executive officer shall render a written opinion within five days after |
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69 | | - | a hearing conducted by the executive officer or by a hearing officer. The |
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70 | | - | executive officer shall report on each case acted upon at the next meeting |
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71 | | - | of the board of education, briefly describing the circumstances and the |
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72 | | - | reasons for the executive officer's action. A child who is denied admission |
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73 | | - | or expelled as an outcome of the hearing shall have ten days after the denial |
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74 | | - | of admission or expulsion to appeal the decision of the executive officer to |
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75 | | - | the board of education, after which time the decision to grant or deny the |
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76 | | - | appeal shall be at the discretion of the board of education. The appeal shall |
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77 | | - | consist of a review of the facts that were presented and that were |
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78 | | - | determined at the hearing conducted by the executive officer or by a |
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79 | | - | designee acting as a hearing officer, arguments relating to the decision, and |
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80 | | - | questions of clarification from the board of education. No board of |
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81 | | - | education shall deny admission to, or expel, any child without a hearing, if |
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82 | | - | one is requested by the parent, guardian, or legal custodian of the child, at |
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83 | | - | which evidence may be presented in the child's behalf. If the child is denied |
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84 | | - | admission or expelled, the child shall be entitled to a review of the decision |
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85 | | - | of the board of education in accordance with section 22-33-108. |
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86 | | - | (2.3) (a) IF AN EXPULSION HEARING IS REQUESTED BY A SCHOOL |
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87 | | - | DISTRICT |
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88 | | - | , A STUDENT, OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL |
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89 | | - | CUSTODIAN |
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90 | | - | , THE SCHOOL DISTRICT HAS THE BURDEN OF PROVING BY A |
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91 | | - | PREPONDERANCE OF THE EVIDENCE THAT THE STUDENT VIOLATED SECTION |
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92 | | - | 22-33-106 AND THE SCHOOL DISTRICT'S POLICY. |
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| 14 | + | ONCERNING PROCEDURES FOR EXPULSION HEARING |
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| 15 | + | OFFICERS, AND,101 |
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| 16 | + | IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102 |
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| 17 | + | Bill Summary |
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| 18 | + | (Note: This summary applies to this bill as introduced and does |
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| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 20 | + | passes third reading in the house of introduction, a bill summary that |
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| 21 | + | applies to the reengrossed version of this bill will be available at |
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| 22 | + | http://leg.colorado.gov |
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| 23 | + | .) |
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| 24 | + | The bill clarifies the school expulsion hearing (hearing) process, |
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| 25 | + | including the following: |
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| 26 | + | ! A school district has the burden of proving by a |
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| 27 | + | preponderance of the evidence that a student violated state |
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| 28 | + | law and the school district's policy, that alternative |
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| 29 | + | remedies were not appropriate, and that excluding the |
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| 30 | + | SENATE |
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| 31 | + | 3rd Reading Unamended |
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| 32 | + | May 5, 2023 |
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| 33 | + | SENATE |
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| 34 | + | 2nd Reading Unamended |
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| 35 | + | May 4, 2023 |
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| 36 | + | HOUSE |
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| 37 | + | 3rd Reading Unamended |
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| 38 | + | May 1, 2023 |
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| 39 | + | HOUSE |
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| 40 | + | Amended 2nd Reading |
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| 41 | + | April 29, 2023 |
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| 42 | + | HOUSE SPONSORSHIP |
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| 43 | + | Joseph and Gonzales-Gutierrez, Bacon, Bockenfeld, Brown, Epps, Garcia, Lieder, |
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| 44 | + | Lindsay, Lindstedt, Mabrey, Ricks, Story, Velasco, Vigil, Willford, Woodrow, Amabile, |
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| 45 | + | Dickson, Duran, English, Froelich, Jodeh, Martinez, Mauro, McCluskie, McLachlan, |
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| 46 | + | Michaelson Jenet, Ortiz, Sharbini, Sirota |
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| 47 | + | SENATE SPONSORSHIP |
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| 48 | + | Winter F. and Fields, Coleman, Exum, Gonzales, Buckner, Cutter, Moreno, Priola, |
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| 49 | + | Rodriguez, Sullivan |
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| 50 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 51 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 52 | + | Dashes through the words or numbers indicate deletions from existing law. student from school through expulsion or denial of |
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| 53 | + | admission is necessary to preserve the learning |
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| 54 | + | environment; |
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| 55 | + | ! A school district is required to provide all records that the |
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| 56 | + | school district intends to use as supporting evidence for |
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| 57 | + | expulsion or denial of admission to the student or the |
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| 58 | + | student's parent, guardian, or legal custodian at least 2 |
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| 59 | + | business days in which school is in session prior to the |
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| 60 | + | hearing; and |
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| 61 | + | ! Hearing officers are required to consider specific factors in |
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| 62 | + | determining findings of fact and recommendations at the |
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| 63 | + | conclusion of a hearing. |
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| 64 | + | A hearing officer must not have a conflict of interest with regard |
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| 65 | + | to a student under consideration for expulsion or denial of admission, or |
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| 66 | + | towards any alleged victim. A hearing officer who has an unavoidable |
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| 67 | + | conflict of interest, but must continue to serve as a hearing officer, is |
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| 68 | + | required to provide proof of training on conflict of interest and bias and |
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| 69 | + | provide evidence that the conflict of interest is unavoidable. |
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| 70 | + | The bill requires the department of education (department), on or |
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| 71 | + | before June 30, 2024, to create and maintain an online training program |
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| 72 | + | for hearing officers who conduct expulsion hearings and school |
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| 73 | + | administrators. Beginning January 1, 2025, hearing officers are required |
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| 74 | + | to complete an initial 5-hour training program within 30 days after the |
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| 75 | + | date the hearing officer starts work. |
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| 76 | + | The training program must include information on the following: |
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| 77 | + | ! Child and adolescent brain development; |
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| 78 | + | ! Restorative justice; |
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| 79 | + | ! Alternatives to expulsion; |
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| 80 | + | ! Trauma-informed practices; |
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| 81 | + | ! Conflict and bias in discipline, suspension, and expulsion; |
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| 82 | + | and |
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| 83 | + | ! The requirements and implementation of applicable federal |
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| 84 | + | and state laws. |
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| 85 | + | School districts, district charter schools authorized to expel or |
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| 86 | + | suspend students, or the state charter school institute may waive the use |
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| 87 | + | of the department's training program but shall provide a training program |
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| 88 | + | to hearing officers and school administrators that meets or exceeds the |
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| 89 | + | requirements of the department's training program. |
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| 90 | + | The bill clarifies the judicial proceedings process available to a |
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| 91 | + | student or the student's parents, guardians, or legal custodians to set aside |
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| 92 | + | the school district board of education's decision to expel or deny |
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| 93 | + | admission to the student. |
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| 94 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 95 | + | 1291-2- SECTION 1. Legislative declaration. (1) The general assembly1 |
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| 96 | + | finds and declares that:2 |
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| 97 | + | (a) Providing a quality education for all is fundamental to creating3 |
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| 98 | + | a peaceful and prosperous Colorado;4 |
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| 99 | + | (b) Education gives people the knowledge and skills they need to5 |
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| 100 | + | stay healthy, become employed, and foster tolerance;6 |
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| 101 | + | (c) According to the U.S. Department of Education, minorities7 |
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| 102 | + | and students with limited English proficiency are disciplined in school at8 |
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| 103 | + | higher rates than their White peers;9 |
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| 104 | + | (d) Expulsions or zero-tolerance policies have a disparate impact10 |
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| 105 | + | on students with disabilities, minority students, and students from11 |
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| 106 | + | working class families;12 |
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| 107 | + | (e) Expulsions put students at a higher risk for negative life13 |
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| 108 | + | outcomes, including involvement in the criminal justice system;14 |
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| 109 | + | (f) The state has an obligation to develop best practices for school15 |
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| 110 | + | expulsion policies and procedures;16 |
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| 111 | + | (g) To that end, effective unconscious bias training for expulsion17 |
---|
| 112 | + | hearing officers who are engaged in the expulsion process is necessary to18 |
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| 113 | + | increase awareness, manage biases, adjust behaviors, track progress, and19 |
---|
| 114 | + | provide information that contradicts stereotypes;20 |
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| 115 | + | (h) Additionally, students who are disproportionately impacted by21 |
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| 116 | + | their schools' expulsion policies and procedures often deal with personal22 |
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| 117 | + | and social trauma that, in turn, impacts students' brain development and23 |
---|
| 118 | + | behavior; and24 |
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| 119 | + | (i) Ensuring expulsion hearing officers who are involved in the25 |
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| 120 | + | school expulsion process adopt a trauma-informed perspective and are26 |
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| 121 | + | trained in recognizing unconscious biases is necessary to make27 |
---|
| 122 | + | 1291 |
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| 123 | + | -3- sustainable long-term structural changes to expulsion policies and1 |
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| 124 | + | procedures that negatively impact Colorado's marginalized students.2 |
---|
| 125 | + | (2) The general assembly, therefore, finds and declares that it is3 |
---|
| 126 | + | necessary to bolster K-12 school attendance and require unconscious bias4 |
---|
| 127 | + | and trauma-informed practice training for expulsion hearing officers.5 |
---|
| 128 | + | SECTION 2. In Colorado Revised Statutes, 22-33-105, amend6 |
---|
| 129 | + | (2)(c) and (7); and add (2.3), (2.4), and (4.5) as follows:7 |
---|
| 130 | + | 22-33-105. Suspension, expulsion, and denial of admission.8 |
---|
| 131 | + | (2) In addition to the powers provided in section 22-32-110, the board of9 |
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| 132 | + | education of each district may:10 |
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| 133 | + | (c) Deny admission to, or expel for any period not extending11 |
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| 134 | + | beyond one year, any child STUDENT whom the board of education, in12 |
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| 135 | + | accordance with the limitations imposed by this article, shall determine13 |
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| 136 | + | ARTICLE 33, DETERMINES does not qualify for admission to, or continued14 |
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| 137 | + | attendance at, the public schools of the district. A board of education may15 |
---|
| 138 | + | delegate such powers to its executive officer or to a designee who shall16 |
---|
| 139 | + | serve SERVES as a hearing officer. If the hearing is conducted by a17 |
---|
| 140 | + | designee acting as a hearing officer, the hearing officer shall forward18 |
---|
| 141 | + | findings of fact and recommendations to the executive officer at the19 |
---|
| 142 | + | conclusion of the hearing. The executive officer shall render a written20 |
---|
| 143 | + | opinion within five days after a hearing conducted by the executive21 |
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| 144 | + | officer or by a hearing officer. The executive officer shall report on each22 |
---|
| 145 | + | case acted upon at the next meeting of the board of education, briefly23 |
---|
| 146 | + | describing the circumstances and the reasons for the executive officer's24 |
---|
| 147 | + | action. A child who is denied admission or expelled as an outcome of the25 |
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| 148 | + | hearing shall have ten days after the denial of admission or expulsion to26 |
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| 149 | + | appeal the decision of the executive officer to the board of education,27 |
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| 150 | + | 1291 |
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| 151 | + | -4- after which time the decision to grant or deny the appeal shall be at the1 |
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| 152 | + | discretion of the board of education. The appeal shall consist of a review2 |
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| 153 | + | of the facts that were presented and that were determined at the hearing3 |
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| 154 | + | conducted by the executive officer or by a designee acting as a hearing4 |
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| 155 | + | officer, arguments relating to the decision, and questions of clarification5 |
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| 156 | + | from the board of education. No board of education shall deny admission6 |
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| 157 | + | to, or expel, any child without a hearing, if one is requested by the parent,7 |
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| 158 | + | guardian, or legal custodian of the child, at which evidence may be8 |
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| 159 | + | presented in the child's behalf. If the child is denied admission or9 |
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| 160 | + | expelled, the child shall be entitled to a review of the decision of the10 |
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| 161 | + | board of education in accordance with section 22-33-108.11 |
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| 162 | + | (2.3) (a) I |
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| 163 | + | F AN EXPULSION HEARING IS REQUESTED BY A SCHOOL12 |
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| 164 | + | DISTRICT, A STUDENT, OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL13 |
---|
| 165 | + | CUSTODIAN, THE SCHOOL DISTRICT HAS THE BURDEN OF PROVING BY A14 |
---|
| 166 | + | PREPONDERANCE OF THE EVIDENCE THAT THE STUDENT VIOLATED SECTION15 |
---|
| 167 | + | 22-33-106 |
---|
| 168 | + | AND THE SCHOOL DISTRICT'S |
---|
| 169 | + | POLICY. 16 |
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222 | | - | ONFLICT AND BIAS IN DISCIPLINE, SUSPENSION, AND EXPULSION; |
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223 | | - | AND |
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224 | | - | (F) REQUIREMENTS AND IMPLEMENTATION OF THE APPLICABLE |
---|
225 | | - | PORTIONS OF THE FEDERAL |
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226 | | - | "INDIVIDUALS WITH DISABILITIES EDUCATION |
---|
227 | | - | ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED; SECTION 504 OF THE |
---|
228 | | - | FEDERAL |
---|
229 | | - | "REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 794, AS |
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230 | | - | AMENDED |
---|
231 | | - | ; THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT |
---|
232 | | - | OF |
---|
233 | | - | 1974", 20 U.S.C. SEC. 1232g, AS AMENDED; THE "EXCEPTIONAL |
---|
234 | | - | CHILDREN'S EDUCATIONAL ACT", ARTICLE 20 OF THIS TITLE 22; AND THE |
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235 | | - | "SCHOOL ATTENDANCE LAW OF 1963", ESTABLISHED PURSUANT TO THIS |
---|
236 | | - | ARTICLE |
---|
237 | | - | 33. |
---|
238 | | - | (IV) B |
---|
239 | | - | EGINNING JANUARY 1, 2025, IT IS AN ABUSE OF DISCRETION IF |
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240 | | - | A HEARING OFFICER PRESIDES OVER AN EXPULSION HEARING AND HAS NOT |
---|
241 | | - | COMPLETED THE REQUIRED TRAINING PURSUANT TO THIS SUBSECTION |
---|
242 | | - | (2.4). |
---|
243 | | - | (V) A |
---|
244 | | - | SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL AUTHORIZED |
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245 | | - | TO SUSPEND OR EXPEL STUDENTS |
---|
246 | | - | , OR THE STATE CHARTER SCHOOL |
---|
247 | | - | INSTITUTE MAY DEVELOP AND PROVIDE A TRAINING PROGRAM TO HEARING |
---|
248 | | - | OFFICERS AND SCHOOL ADMINISTRATORS |
---|
249 | | - | . THE TRAINING PROGRAM MUST |
---|
250 | | - | MEET OR EXCEED THE REQUIREMENTS SET FORTH IN SUBSECTIONS |
---|
251 | | - | (2.4)(c)(II) |
---|
252 | | - | AND (2.4)(c)(III) OF THIS SECTION. |
---|
253 | | - | (4.5) T |
---|
254 | | - | HE BOARD OF EDUCATION OF EACH DISTRICT SHALL ADOPT A |
---|
255 | | - | POLICY THAT STATES A STUDENT MUST NOT BE EXPELLED OR DENIED |
---|
256 | | - | ADMISSION UNLESS THE SCHOOL DISTRICT CONSIDERS WHETHER |
---|
257 | | - | ALTERNATIVE REMEDIES ARE APPROPRIATE AND WHETHER EXCLUDING THE |
---|
258 | | - | STUDENT FROM SCHOOL IS NECESSARY TO PRESERVE THE LEARNING |
---|
259 | | - | ENVIRONMENT |
---|
260 | | - | . |
---|
261 | | - | (7) (a) Notwithstanding any other provision of this part 1 to the |
---|
262 | | - | contrary: |
---|
263 | | - | (a) |
---|
264 | | - | (I) An institute charter school authorized pursuant to part 5 of |
---|
265 | | - | article 30.5 of this title TITLE 22 may carry out the functions of a suspending |
---|
266 | | - | PAGE 6-HOUSE BILL 23-1291 authority pursuant to this section; and |
---|
267 | | - | (b) (II) The state charter school institute created in part 5 of article |
---|
268 | | - | 30.5 of this title TITLE 22 may carry out the functions of a school district and |
---|
269 | | - | its board of education with respect to the suspension, expulsion, or denial |
---|
270 | | - | of admission of a student to an institute charter school. |
---|
| 269 | + | ONFLICT AND BIAS IN DISCIPLINE , SUSPENSION, AND16 |
---|
| 270 | + | EXPULSION; AND17 |
---|
| 271 | + | (F) R |
---|
| 272 | + | EQUIREMENTS AND IMPLEMENTATION OF THE APPLICABLE18 |
---|
| 273 | + | PORTIONS OF THE FEDERAL "INDIVIDUALS WITH DISABILITIES EDUCATION19 |
---|
| 274 | + | A |
---|
| 275 | + | CT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED; SECTION 504 OF THE20 |
---|
| 276 | + | FEDERAL "REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 794, AS21 |
---|
| 277 | + | AMENDED; THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY22 |
---|
| 278 | + | A |
---|
| 279 | + | CT OF 1974", 20 U.S.C. SEC. 1232g, AS AMENDED; THE "EXCEPTIONAL23 |
---|
| 280 | + | C |
---|
| 281 | + | HILDREN'S EDUCATIONAL ACT", ARTICLE 20 OF THIS TITLE 22; AND THE24 |
---|
| 282 | + | "S |
---|
| 283 | + | CHOOL ATTENDANCE LAW OF 1963", ESTABLISHED PURSUANT TO THIS25 |
---|
| 284 | + | ARTICLE 33.26 |
---|
| 285 | + | 27 |
---|
| 286 | + | 1291 |
---|
| 287 | + | -8- (IV) BEGINNING JANUARY 1, 2025, IT IS AN ABUSE OF DISCRETION1 |
---|
| 288 | + | IF A HEARING OFFICER PRESIDES OVER AN EXPULSION HEARING AND HAS2 |
---|
| 289 | + | NOT COMPLETED THE REQUIRED TRAINING PURSUANT TO THIS SUBSECTION3 |
---|
| 290 | + | (2.4).4 |
---|
| 291 | + | (V) A SCHOOL DISTRICT, A DISTRICT CHARTER SCHOOL5 |
---|
| 292 | + | AUTHORIZED TO SUSPEND OR EXPEL STUDENTS , OR THE STATE CHARTER6 |
---|
| 293 | + | SCHOOL INSTITUTE MAY DEVELOP AND PROVIDE A TRAINING PROGRAM7 |
---|
| 294 | + | TO HEARING OFFICERS AND SCHOOL ADMINISTRATORS . THE TRAINING8 |
---|
| 295 | + | PROGRAM MUST MEET OR EXCEED THE REQUIREMENTS SET FORTH IN9 |
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| 296 | + | SUBSECTIONS (2.4)(c)(II) AND (2.4)(c)(III) OF THIS SECTION.10 |
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| 297 | + | (4.5) THE BOARD OF EDUCATION OF EACH DISTRICT SHALL ADOPT11 |
---|
| 298 | + | A POLICY THAT STATES A STUDENT MUST NOT BE EXPELLED OR DENIED12 |
---|
| 299 | + | ADMISSION UNLESS THE SCHOOL DISTRICT CONSIDERS WHETHER13 |
---|
| 300 | + | ALTERNATIVE REMEDIES ARE APPROPRIATE AND WHETHER EXCLUDING THE14 |
---|
| 301 | + | STUDENT FROM SCHOOL IS NECESSARY TO PRESERVE THE LEARNING15 |
---|
| 302 | + | ENVIRONMENT.16 |
---|
| 303 | + | (7) (a) Notwithstanding any other provision of this part 1 to the17 |
---|
| 304 | + | contrary:18 |
---|
| 305 | + | (a) (I) An institute charter school authorized pursuant to part 5 of19 |
---|
| 306 | + | article 30.5 of this title TITLE 22 may carry out the functions of a20 |
---|
| 307 | + | suspending authority pursuant to this section; and21 |
---|
| 308 | + | (b) (II) The state charter school institute created in part 5 of article22 |
---|
| 309 | + | 30.5 of this title TITLE 22 may carry out the functions of a school district23 |
---|
| 310 | + | and its board of education with respect to the suspension, expulsion, or24 |
---|
| 311 | + | denial of admission of a student to an institute charter school.25 |
---|
290 | | - | ITHIN FIVE BUSINESS DAYS |
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291 | | - | AFTER A BOARD OF EDUCATION |
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292 | | - | 'S DETERMINATION TO UPHOLD AN EXPULSION |
---|
293 | | - | OR DENIAL OF ADMISSION |
---|
294 | | - | , THE BOARD OF EDUCATION SHALL ISSUE A |
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295 | | - | WRITTEN ORDER PROVIDING NOTICE OF THE DECISION |
---|
296 | | - | . If a child or his parent |
---|
297 | | - | STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN |
---|
298 | | - | desires court review of an order of the board of education issued pursuant |
---|
299 | | - | to this article, he shall ARTICLE 33, THE STUDENT OR THE STUDENT'S PARENT, |
---|
300 | | - | GUARDIAN, OR LEGAL CUSTODIAN MUST notify the board OF EDUCATION in |
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301 | | - | writing within five |
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302 | | - | BUSINESS days after receiving official notificationNOTICE of the board's BOARD OF EDUCATION 'S action. The board of |
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303 | | - | education shall thereupon issue, or cause to be issued, to the child STUDENT |
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304 | | - | or his parent THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN a |
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305 | | - | statement of the reasons for the board's BOARD OF EDUCATION'S action |
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306 | | - | WITHIN FIVE BUSINESS DAYS. UPON RECEIVING THE NOTICE FROM THE |
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307 | | - | STUDENT OR THE STUDENT |
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308 | | - | 'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN, THE |
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309 | | - | BOARD OF EDUCATION SHALL PROVIDE A COMPLETE AND ACCURATE COPY OF |
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310 | | - | PAGE 7-HOUSE BILL 23-1291 THE EXPULSION RECORD TO THE STUDENT OR THE STUDENT 'S PARENT, |
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311 | | - | GUARDIAN, OR LEGAL CUSTODIAN WITHIN FIVE BUSINESS DAYS . Within ten |
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312 | | - | BUSINESS days thereafter AFTER RECEIVING THE BOARD OF EDUCATION 'S |
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313 | | - | EXPULSION RECORD |
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314 | | - | , the child |
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315 | | - | STUDENT or his parents THE STUDENT'S |
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316 | | - | PARENT |
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317 | | - | , GUARDIAN, OR LEGAL CUSTODIAN may file with the court a petition |
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318 | | - | requesting that the order of the board of education be set aside, to which |
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319 | | - | shall |
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320 | | - | MUST be appended the statement of the board of education. No docket |
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321 | | - | or other fees shall be ARE collected by the court in connection with this |
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322 | | - | proceeding. |
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| 328 | + | ITHIN FIVE BUSINESS12 |
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| 329 | + | DAYS AFTER A BOARD OF EDUCATION 'S DETERMINATION TO UPHOLD AN13 |
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| 330 | + | EXPULSION OR DENIAL OF ADMISSION, THE BOARD OF EDUCATION SHALL14 |
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| 331 | + | ISSUE A WRITTEN ORDER PROVIDING NOTICE OF THE DECISION . If a child or |
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| 332 | + | 15 |
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| 333 | + | his parent STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL16 |
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| 334 | + | CUSTODIAN desires court review of an order of the board of education17 |
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| 335 | + | issued pursuant to this article, he shall ARTICLE 33, THE STUDENT OR THE18 |
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| 336 | + | STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN MUST notify the19 |
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| 337 | + | board |
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| 338 | + | OF EDUCATION in writing within five BUSINESS days after receiving20 |
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| 339 | + | official notification |
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| 340 | + | NOTICE of the board's BOARD OF EDUCATION'S action.21 |
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| 341 | + | The board of education shall thereupon issue, or cause to be issued, to the22 |
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| 342 | + | child STUDENT or his parent THE STUDENT'S PARENT, GUARDIAN, OR23 |
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| 343 | + | LEGAL CUSTODIAN a statement of the reasons for the board's BOARD OF24 |
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| 344 | + | EDUCATION'S action WITHIN FIVE BUSINESS DAYS. UPON RECEIVING THE25 |
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| 345 | + | NOTICE FROM THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR26 |
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| 346 | + | LEGAL CUSTODIAN, THE BOARD OF EDUCATION SHALL PROVIDE A27 |
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| 347 | + | 1291 |
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| 348 | + | -10- COMPLETE AND ACCURATE COPY OF THE EXPULSION RECORD TO THE1 |
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| 349 | + | STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN2 |
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| 350 | + | WITHIN FIVE BUSINESS DAYS. Within ten BUSINESS days thereafter AFTER3 |
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| 351 | + | RECEIVING THE BOARD OF EDUCATION 'S EXPULSION RECORD, the child4 |
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| 352 | + | STUDENT or his parents THE STUDENT'S PARENT, GUARDIAN, OR LEGAL5 |
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| 353 | + | CUSTODIAN may file with the court a petition requesting that the order of6 |
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| 354 | + | the board of education be set aside, to which shall MUST be appended the7 |
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| 355 | + | statement of the board of education. No docket or other fees shall be ARE8 |
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| 356 | + | collected by the court in connection with this proceeding.9 |
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