Colorado 2023 Regular Session

Colorado House Bill HB1291 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-1006.01 Alana Rosen x2606
18 HOUSE BILL 23-1291
2-BY REPRESENTATIVE(S) Joseph and Gonzales-Gutierrez, Bacon,
3-Bockenfeld, Brown, Epps, Garcia, Lieder, Lindsay, Lindstedt, Mabrey,
4-Ricks, Story, Velasco, Vigil, Willford, Woodrow, Amabile, Dickson,
5-Duran, English, Froelich, Jodeh, Martinez, Mauro, McLachlan,
6-Michaelson Jenet, Ortiz, Sharbini, Sirota, McCluskie;
7-also SENATOR(S) Winter F. and Fields, Coleman, Exum, Gonzales,
8-Buckner, Cutter, Moreno, Priola, Rodriguez, Sullivan.
9+House Committees Senate Committees
10+Education State, Veterans, & Military Affairs
11+Appropriations Appropriations
12+A BILL FOR AN ACT
913 C
10-ONCERNING PROCEDURES FOR EXPULSION HEARING OFFICERS , AND, IN
11-CONNECTION THEREWITH
12-, MAKING AN APPROPRIATION.
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. Legislative declaration. (1) The general assembly
15-finds and declares that:
16-(a) Providing a quality education for all is fundamental to creating
17-a peaceful and prosperous Colorado;
18-(b) Education gives people the knowledge and skills they need to
19-stay healthy, become employed, and foster tolerance;
20-NOTE: This bill has been prepared for the signatures of the appropriate legislative
21-officers and the Governor. To determine whether the Governor has signed the bill
22-or taken other action on it, please consult the legislative status sheet, the legislative
23-history, or the Session Laws.
24-________
25-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26-through words or numbers indicate deletions from existing law and such material is not part of
27-the act. (c) According to the U.S. Department of Education, minorities and
28-students with limited English proficiency are disciplined in school at higher
29-rates than their White peers;
30-(d) Expulsions or zero-tolerance policies have a disparate impact on
31-students with disabilities, minority students, and students from working
32-class families;
33-(e) Expulsions put students at a higher risk for negative life
34-outcomes, including involvement in the criminal justice system;
35-(f) The state has an obligation to develop best practices for school
36-expulsion policies and procedures;
37-(g) To that end, effective unconscious bias training for expulsion
38-hearing officers who are engaged in the expulsion process is necessary to
39-increase awareness, manage biases, adjust behaviors, track progress, and
40-provide information that contradicts stereotypes;
41-(h) Additionally, students who are disproportionately impacted by
42-their schools' expulsion policies and procedures often deal with personal
43-and social trauma that, in turn, impacts students' brain development and
44-behavior; and
45-(i) Ensuring expulsion hearing officers who are involved in the
46-school expulsion process adopt a trauma-informed perspective and are
47-trained in recognizing unconscious biases is necessary to make sustainable
48-long-term structural changes to expulsion policies and procedures that
49-negatively impact Colorado's marginalized students.
50-(2) The general assembly, therefore, finds and declares that it is
51-necessary to bolster K-12 school attendance and require unconscious bias
52-and trauma-informed practice training for expulsion hearing officers.
53-SECTION 2. In Colorado Revised Statutes, 22-33-105, amend
54-(2)(c) and (7); and add (2.3), (2.4), and (4.5) as follows:
55-22-33-105. Suspension, expulsion, and denial of admission.
56-(2) In addition to the powers provided in section 22-32-110, the board of
57-education of each district may:
58-PAGE 2-HOUSE BILL 23-1291 (c) Deny admission to, or expel for any period not extending beyond
59-one year, any child STUDENT whom the board of education, in accordance
60-with the limitations imposed by this article, shall determine ARTICLE 33,
61-DETERMINES does not qualify for admission to, or continued attendance at,
62-the public schools of the district. A board of education may delegate such
63-powers to its executive officer or to a designee who shall serve
64- SERVES as
65-a hearing officer. If the hearing is conducted by a designee acting as a
66-hearing officer, the hearing officer shall forward findings of fact and
67-recommendations to the executive officer at the conclusion of the hearing.
68-The executive officer shall render a written opinion within five days after
69-a hearing conducted by the executive officer or by a hearing officer. The
70-executive officer shall report on each case acted upon at the next meeting
71-of the board of education, briefly describing the circumstances and the
72-reasons for the executive officer's action. A child who is denied admission
73-or expelled as an outcome of the hearing shall have ten days after the denial
74-of admission or expulsion to appeal the decision of the executive officer to
75-the board of education, after which time the decision to grant or deny the
76-appeal shall be at the discretion of the board of education. The appeal shall
77-consist of a review of the facts that were presented and that were
78-determined at the hearing conducted by the executive officer or by a
79-designee acting as a hearing officer, arguments relating to the decision, and
80-questions of clarification from the board of education. No board of
81-education shall deny admission to, or expel, any child without a hearing, if
82-one is requested by the parent, guardian, or legal custodian of the child, at
83-which evidence may be presented in the child's behalf. If the child is denied
84-admission or expelled, the child shall be entitled to a review of the decision
85-of the board of education in accordance with section 22-33-108.
86-(2.3) (a) IF AN EXPULSION HEARING IS REQUESTED BY A SCHOOL
87-DISTRICT
88-, A STUDENT, OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL
89-CUSTODIAN
90-, THE SCHOOL DISTRICT HAS THE BURDEN OF PROVING BY A
91-PREPONDERANCE OF THE EVIDENCE THAT THE STUDENT VIOLATED SECTION
92-22-33-106 AND THE SCHOOL DISTRICT'S POLICY.
14+ONCERNING PROCEDURES FOR EXPULSION HEARING
15+OFFICERS, AND,101
16+IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The bill clarifies the school expulsion hearing (hearing) process,
25+including the following:
26+! A school district has the burden of proving by a
27+preponderance of the evidence that a student violated state
28+law and the school district's policy, that alternative
29+remedies were not appropriate, and that excluding the
30+SENATE
31+3rd Reading Unamended
32+May 5, 2023
33+SENATE
34+2nd Reading Unamended
35+May 4, 2023
36+HOUSE
37+3rd Reading Unamended
38+May 1, 2023
39+HOUSE
40+Amended 2nd Reading
41+April 29, 2023
42+HOUSE SPONSORSHIP
43+Joseph and Gonzales-Gutierrez, Bacon, Bockenfeld, Brown, Epps, Garcia, Lieder,
44+Lindsay, Lindstedt, Mabrey, Ricks, Story, Velasco, Vigil, Willford, Woodrow, Amabile,
45+Dickson, Duran, English, Froelich, Jodeh, Martinez, Mauro, McCluskie, McLachlan,
46+Michaelson Jenet, Ortiz, Sharbini, Sirota
47+SENATE SPONSORSHIP
48+Winter F. and Fields, Coleman, Exum, Gonzales, Buckner, Cutter, Moreno, Priola,
49+Rodriguez, Sullivan
50+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
51+Capital letters or bold & italic numbers indicate new material to be added to existing law.
52+Dashes through the words or numbers indicate deletions from existing law. student from school through expulsion or denial of
53+admission is necessary to preserve the learning
54+environment;
55+! A school district is required to provide all records that the
56+school district intends to use as supporting evidence for
57+expulsion or denial of admission to the student or the
58+student's parent, guardian, or legal custodian at least 2
59+business days in which school is in session prior to the
60+hearing; and
61+! Hearing officers are required to consider specific factors in
62+determining findings of fact and recommendations at the
63+conclusion of a hearing.
64+A hearing officer must not have a conflict of interest with regard
65+to a student under consideration for expulsion or denial of admission, or
66+towards any alleged victim. A hearing officer who has an unavoidable
67+conflict of interest, but must continue to serve as a hearing officer, is
68+required to provide proof of training on conflict of interest and bias and
69+provide evidence that the conflict of interest is unavoidable.
70+The bill requires the department of education (department), on or
71+before June 30, 2024, to create and maintain an online training program
72+for hearing officers who conduct expulsion hearings and school
73+administrators. Beginning January 1, 2025, hearing officers are required
74+to complete an initial 5-hour training program within 30 days after the
75+date the hearing officer starts work.
76+The training program must include information on the following:
77+! Child and adolescent brain development;
78+! Restorative justice;
79+! Alternatives to expulsion;
80+! Trauma-informed practices;
81+! Conflict and bias in discipline, suspension, and expulsion;
82+and
83+! The requirements and implementation of applicable federal
84+and state laws.
85+School districts, district charter schools authorized to expel or
86+suspend students, or the state charter school institute may waive the use
87+of the department's training program but shall provide a training program
88+to hearing officers and school administrators that meets or exceeds the
89+requirements of the department's training program.
90+The bill clarifies the judicial proceedings process available to a
91+student or the student's parents, guardians, or legal custodians to set aside
92+the school district board of education's decision to expel or deny
93+admission to the student.
94+Be it enacted by the General Assembly of the State of Colorado:1
95+1291-2- SECTION 1. Legislative declaration. (1) The general assembly1
96+finds and declares that:2
97+(a) Providing a quality education for all is fundamental to creating3
98+a peaceful and prosperous Colorado;4
99+(b) Education gives people the knowledge and skills they need to5
100+stay healthy, become employed, and foster tolerance;6
101+(c) According to the U.S. Department of Education, minorities7
102+and students with limited English proficiency are disciplined in school at8
103+higher rates than their White peers;9
104+(d) Expulsions or zero-tolerance policies have a disparate impact10
105+on students with disabilities, minority students, and students from11
106+working class families;12
107+(e) Expulsions put students at a higher risk for negative life13
108+outcomes, including involvement in the criminal justice system;14
109+(f) The state has an obligation to develop best practices for school15
110+expulsion policies and procedures;16
111+(g) To that end, effective unconscious bias training for expulsion17
112+hearing officers who are engaged in the expulsion process is necessary to18
113+increase awareness, manage biases, adjust behaviors, track progress, and19
114+provide information that contradicts stereotypes;20
115+(h) Additionally, students who are disproportionately impacted by21
116+their schools' expulsion policies and procedures often deal with personal22
117+and social trauma that, in turn, impacts students' brain development and23
118+behavior; and24
119+(i) Ensuring expulsion hearing officers who are involved in the25
120+school expulsion process adopt a trauma-informed perspective and are26
121+trained in recognizing unconscious biases is necessary to make27
122+1291
123+-3- sustainable long-term structural changes to expulsion policies and1
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
132+education of each district may:10
133+(c) Deny admission to, or expel for any period not extending11
134+beyond one year, any child STUDENT whom the board of education, in12
135+accordance with the limitations imposed by this article, shall determine13
136+ARTICLE 33, DETERMINES does not qualify for admission to, or continued14
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
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
148+hearing shall have ten days after the denial of admission or expulsion to26
149+appeal the decision of the executive officer to the board of education,27
150+1291
151+-4- after which time the decision to grant or deny the appeal shall be at the1
152+discretion of the board of education. The appeal shall consist of a review2
153+of the facts that were presented and that were determined at the hearing3
154+conducted by the executive officer or by a designee acting as a hearing4
155+officer, arguments relating to the decision, and questions of clarification5
156+from the board of education. No board of education shall deny admission6
157+to, or expel, any child without a hearing, if one is requested by the parent,7
158+guardian, or legal custodian of the child, at which evidence may be8
159+presented in the child's behalf. If the child is denied admission or9
160+expelled, the child shall be entitled to a review of the decision of the10
161+board of education in accordance with section 22-33-108.11
162+(2.3) (a) I
163+F AN EXPULSION HEARING IS REQUESTED BY A SCHOOL12
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
93170 (b) I
94-F AN EXPULSION HEARING IS REQUESTED PURSUANT TO
95-SUBSECTION
96- (2.3)(a) OF THIS SECTION BY A SCHOOL DISTRICT, A STUDENT,
97-OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN, THE SCHOOL
98-DISTRICT SEEKING TO EXPEL OR DENY ADMISSION TO THE STUDENT SHALL
99-PROVIDE ALL RECORDS THAT THE SCHOOL DISTRICT INTENDS TO USE AS
100-SUPPORTING EVIDENCE FOR EXPULSION OR DENIAL OF ADMISSION TO THE
101-PAGE 3-HOUSE BILL 23-1291 STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN AT
102-LEAST TWO BUSINESS DAYS IN WHICH SCHOOL IS IN SESSION PRIOR TO THE
103-EXPULSION HEARING
104-. UPON DISCOVERY OF A RECORD NOT PREVIOUSLY
105-PROVIDED
106-, THE SCHOOL DISTRICT SHALL IMMEDIATELY PROVIDE THE RECORD
107-TO THE STUDENT OR THE STUDENT
108-'S PARENT, GUARDIAN, OR LEGAL
109-CUSTODIAN
110-.
171+F AN EXPULSION HEARING IS REQUESTED PURSUANT TO17
172+SUBSECTION (2.3)(a) OF THIS SECTION BY A SCHOOL DISTRICT, A STUDENT,18
173+OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN , THE19
174+SCHOOL DISTRICT SEEKING TO EXPEL OR DENY ADMISSION TO THE STUDENT20
175+SHALL PROVIDE ALL RECORDS THAT THE SCHOOL DISTRICT INTENDS TO USE21
176+AS SUPPORTING EVIDENCE FOR EXPULSION OR DENIAL OF ADMISSION TO22
177+THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL23
178+CUSTODIAN AT LEAST TWO BUSINESS DAYS IN WHICH SCHOOL IS IN SESSION24
179+PRIOR TO THE EXPULSION HEARING. UPON DISCOVERY OF A RECORD NOT25
180+PREVIOUSLY PROVIDED, THE SCHOOL DISTRICT SHALL IMMEDIATELY26
181+PROVIDE THE RECORD TO THE STUDENT OR THE STUDENT 'S PARENT,27
182+1291
183+-5- GUARDIAN, OR LEGAL CUSTODIAN.1
111184 (c) I
112-F AN EXECUTIVE OFFICER ACTING AS A HEARING OFFICER
113-CONDUCTS AN EXPULSION HEARING PURSUANT TO SUBSECTION
114- (2.3)(a) OF
115-THIS SECTION
116-, THE EXECUTIVE OFFICER SHALL CREATE A REPORT WITH
117-FINDINGS OF FACT AND RECOMMENDATIONS
118-, INCLUDING SPECIFIC FINDINGS
119-REGARDING THE FACTORS SET FORTH IN SECTION
120-22-33-106 (1.2). IF A
121-DESIGNEE ACTING AS A HEARING OFFICER CONDUCTS A HEARING
122-, THE
123-DESIGNEE SHALL FORWARD FINDINGS OF FACT AND RECOMMENDATIONS TO
124-THE EXECUTIVE OFFICER AT THE CONCLUSION OF THE EXPULSION HEARING
125-,
126-INCLUDING SPECIFIC FINDINGS REGARDING THE FACTORS SET FORTH IN
127-SECTION
128-22-33-106 (1.2). AN EXECUTIVE OFFICER SHALL RENDER A WRITTEN
129-OPINION THAT IMPOSES OR REFRAINS FROM IMPOSING DISCIPLINARY ACTION
130-WITHIN FIVE BUSINESS DAYS AFTER AN EXPULSION HEARING IS CONDUCTED
131-BY THE EXECUTIVE OFFICER OR BY A DESIGNEE ACTING AS A HEARING
132-OFFICER
133-. THE EXECUTIVE OFFICER SHALL PROVIDE THE WRITTEN OPINION TO
134-THE STUDENT OR THE STUDENT
135-'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN.
136-T
137-HE EXECUTIVE OFFICER SHALL REPORT ON EACH CASE ACTED UPON AT THE
138-NEXT MEETING OF THE BOARD OF EDUCATION
139-, BRIEFLY DESCRIBING THE
140-CIRCUMSTANCES AND THE REASONS FOR THE EXECUTIVE OFFICER
141-'S OPINION.
185+F AN EXECUTIVE OFFICER ACTING AS A HEARING OFFICER2
186+CONDUCTS AN EXPULSION HEARING PURSUANT TO SUBSECTION (2.3)(a) OF3
187+THIS SECTION, THE EXECUTIVE OFFICER SHALL CREATE A REPORT WITH4
188+FINDINGS OF FACT AND RECOMMENDATIONS , INCLUDING SPECIFIC FINDINGS5
189+REGARDING THE FACTORS SET FORTH IN SECTION 22-33-106 (1.2). IF A6
190+DESIGNEE ACTING AS A HEARING OFFICER CONDUCTS A HEARING , THE7
191+DESIGNEE SHALL FORWARD FINDINGS OF FACT AND RECOMMENDATIONS TO8
192+THE EXECUTIVE OFFICER AT THE CONCLUSION OF THE EXPULSION HEARING ,9
193+INCLUDING SPECIFIC FINDINGS REGARDING THE FACTORS SET FORTH IN10
194+SECTION 22-33-106 (1.2). AN EXECUTIVE OFFICER SHALL RENDER A11
195+WRITTEN OPINION THAT IMPOSES OR REFRAINS FROM IMPOSING12
196+DISCIPLINARY ACTION WITHIN FIVE BUSINESS DAYS AFTER AN EXPULSION13
197+HEARING IS CONDUCTED BY THE EXECUTIVE OFFICER OR BY A DESIGNEE14
198+ACTING AS A HEARING OFFICER. THE EXECUTIVE OFFICER SHALL PROVIDE15
199+THE WRITTEN OPINION TO THE STUDENT OR THE STUDENT 'S PARENT,16
200+GUARDIAN, OR LEGAL CUSTODIAN. THE EXECUTIVE OFFICER SHALL REPORT17
201+ON EACH CASE ACTED UPON AT THE NEXT MEETING OF THE BOARD OF18
202+EDUCATION, BRIEFLY DESCRIBING THE CIRCUMSTANCES AND THE REASONS19
203+FOR THE EXECUTIVE OFFICER'S OPINION.20
142204 (d) A
143- STUDENT WHO IS DENIED ADMISSION OR EXPELLED AS A RESULT
144-OF THE HEARING DESCRIBED IN SUBSECTION
145- (2.3)(a) OF THIS SECTION HAS
146-TEN BUSINESS DAYS AFTER THE DECISION OF THE EXECUTIVE OFFICER IS
147-RENDERED TO APPEAL THE DECISION TO THE BOARD OF EDUCATION
148-, AFTER
149-WHICH TIME THE DECISION TO GRANT OR DENY THE APPEAL IS AT THE
150-DISCRETION OF THE BOARD OF EDUCATION
151-. THE APPEAL MUST CONSIST OF A
152-REVIEW OF THE FACTS PRESENTED AND D ETERMINED AT THE HEARING
153-CONDUCTED BY THE EXECUTIVE OFFICER OR BY A DESIGNEE ACTING AS A
154-HEARING OFFICER
155-, ARGUMENTS RELATING TO THE DECISION, AND QUESTIONS
156-OF CLARIFICATION FROM THE BOARD OF EDUCATION
157-. IF THE BOARD OF
158-EDUCATION UPHOLDS THE DETERMINATION OF THE EXECUTIVE OFFICER TO
159-EXPEL OR DENY ADMISSION TO A STUDENT
160-, THE STUDENT IS ENTITLED TO A
161-REVIEW OF THE DECISION OF THE BOARD OF EDUCATION IN ACCORDANCE
162-WITH SECTION
163-22-33-108.
164-PAGE 4-HOUSE BILL 23-1291 (2.4) (a) A HEARING OFFICER MUST NOT HAVE A CONFLICT OF
165-INTEREST WITH REGARD TO A STUDENT UNDER CONSIDERATION FOR
166-EXPULSION OR DENIAL OF ADMISSION
167-, OR TOWARD ANY ALLEGED VICTIM . A
168-SCHOOL DISTRICT MUST ENSURE THAT ANY PERSON ACTING AS A HEARING
169-OFFICER RECEIVES TRAINING ON HOW TO SERVE IMPARTIALLY
170-, INCLUDING
171-AVOIDING PREJUDGMENT OF THE FACTS AT ISSUE AND CONFLICTS OF
172-INTEREST
173-. THE TRAINING MUST BE INCLUDED AS PART OF THE TRAINING
174-PROGRAM OFFERED BY THE DEPARTMENT OF EDUCATION PURSUANT TO
175-SUBSECTION
176- (2.4)(c) OF THIS SECTION.
205+ STUDENT WHO IS DENIED ADMISSION OR EXPELLED AS A21
206+RESULT OF THE HEARING DESCRIBED IN SUBSECTION (2.3)(a) OF THIS22
207+SECTION HAS TEN BUSINESS DAYS AFTER THE DECISION OF THE EXECUTIVE23
208+OFFICER IS RENDERED TO APPEAL THE DECISION TO THE BOARD OF24
209+EDUCATION, AFTER WHICH TIME THE DECISION TO GRANT OR DENY THE25
210+APPEAL IS AT THE DISCRETION OF THE BOARD OF EDUCATION . THE APPEAL26
211+MUST CONSIST OF A REVIEW OF THE FACTS PRESENTED AND DETERMINED27
212+1291
213+-6- AT THE HEARING CONDUCTED BY THE EXECUTIVE OFFICER OR BY A1
214+DESIGNEE ACTING AS A HEARING OFFICER, ARGUMENTS RELATING TO THE2
215+DECISION, AND QUESTIONS OF CLARIFICATION FROM THE BOARD OF3
216+EDUCATION. IF THE BOARD OF EDUCATION UPHOLDS THE DETERMINATION4
217+OF THE EXECUTIVE OFFICER TO EXPEL OR DENY ADMISSION TO A STUDENT ,5
218+THE STUDENT IS ENTITLED TO A REVIEW OF THE DECISION OF THE BOARD6
219+OF EDUCATION IN ACCORDANCE WITH SECTION 22-33-108.7
220+(2.4) (a) A
221+ HEARING OFFICER MUST NOT HAVE A CONFLICT OF8
222+INTEREST WITH REGARD TO A STUDENT UNDER CONSIDERATION FOR9
223+EXPULSION OR DENIAL OF ADMISSION, OR TOWARD ANY ALLEGED VICTIM .10
224+A
225+ SCHOOL DISTRICT MUST ENSURE THAT ANY PERSON ACTING AS A11
226+HEARING OFFICER RECEIVES TRAINING ON HOW TO SERVE IMPARTIALLY ,12
227+INCLUDING AVOIDING PREJUDGMENT OF THE FACTS AT ISSUE AND13
228+CONFLICTS OF INTEREST. THE TRAINING MUST BE INCLUDED AS PART OF14
229+THE TRAINING PROGRAM OFFERED BY THE DEPARTMENT OF EDUCATION15
230+PURSUANT TO SUBSECTION (2.4)(c) OF THIS SECTION.16
177231 (b) A
178-N EXECUTIVE OFFICER INVOLVED IN INVESTIGATING OR
179-REPORTING AN INCIDENT THAT LEADS TO A HEARING THAT COULD RESULT IN
180-SUSPENSION
181-, EXPULSION, OR DENIAL OF ADMISSION OF A STUDENT SHALL
182-NOT ACT AS A HEARING OFFICER
183-. INSTEAD, THE EXECUTIVE OFFICER SHALL
184-DELEGATE SUCH POWERS TO A DESIGNEE WHO IS NOT INVOLVED IN
185-INVESTIGATING OR REPORTING THE INCIDENT
186-.
232+N EXECUTIVE OFFICER INVOLVED IN INVESTIGATING OR17
233+REPORTING AN INCIDENT THAT LEADS TO A HEARING THAT COULD RESULT18
234+IN SUSPENSION, EXPULSION, OR DENIAL OF ADMISSION OF A STUDENT19
235+SHALL NOT ACT AS A HEARING OFFICER. INSTEAD, THE EXECUTIVE OFFICER20
236+SHALL DELEGATE SUCH POWERS TO A DESIGNEE WHO IS NOT INVOLVED IN21
237+INVESTIGATING OR REPORTING THE INCIDENT .22
187238 (c) (I) O
188-N OR BEFORE JUNE 30, 2024, THE DEPARTMENT OF
189-EDUCATION SHALL CREATE AND MAINTAIN THE ONLINE TRAINING PROGRAM
190-FOR HEARING OFFICERS WHO CONDUCT EXPULSION HEARINGS
191-. THE
192-DEPARTMENT OF EDUCATION SHALL COLLABORATE WITH STAKEHOLDERS ON
193-THE CREATION OF THE ONLINE TRAINING PROGRAM
194-, WHICH MAY OCCUR
195-VIRTUALLY BY VIDEO OR AUDIO
196-.
239+N OR BEFORE JUNE 30, 2024, THE DEPARTMENT OF23
240+EDUCATION SHALL CREATE AND MAINTAIN
241+THE ONLINE TRAINING24
242+PROGRAM FOR HEARING OFFICERS WHO CONDUCT EXPULSION HEARINGS.25
243+ THE DEPARTMENT OF EDUCATION SHALL COLLABORATE WITH26
244+STAKEHOLDERS ON THE CREATION OF THE ONLINE TRAINING PROGRAM,27
245+1291
246+-7- WHICH MAY OCCUR VIRTUALLY BY VIDEO OR AUDIO .1
197247 (II) (A) B
198-EGINNING JANUARY 1, 2025, SCHOOL DISTRICTS AND THE
199-STATE CHARTER SCHOOL INSTITUTE SHALL REQUIRE HEARING OFFICERS TO
200-COMPLETE AN INITIAL FIVE
201--HOUR TRAINING PROGRAM WITHIN THIRTY DAYS
202-AFTER THE DATE THE HEARING OFFICER STARTS WORK AS A HEARING
203-OFFICER
204-.
248+EGINNING JANUARY 1, 2025, SCHOOL DISTRICTS AND THE2
249+STATE CHARTER SCHOOL INSTITUTE SHALL REQUIRE HEARING OFFICERS TO3
250+COMPLETE AN INITIAL FIVE-HOUR TRAINING PROGRAM WITHIN THIRTY4
251+DAYS AFTER THE DATE THE HEARING OFFICER STARTS WORK AS A HEARING5
252+OFFICER.6
205253 (B) I
206-N ADDITION TO THE INITIAL FIVE-HOUR TRAINING COMPLETED
207-PURSUANT TO SUBSECTION
208- (2.4)(c)(II)(A) OF THIS SECTION, HEARING
209-OFFICERS SHALL COMPLETE AN ANNUAL TRAINING PROGRAM TO STAY
210-INFORMED ON SCHOOL DISCIPLINE UPDATES
211-.
254+N ADDITION TO THE INITIAL FIVE-HOUR TRAINING COMPLETED7
255+PURSUANT TO SUBSECTION (2.4)(c)(II)(A) OF THIS SECTION, HEARING8
256+OFFICERS SHALL COMPLETE AN ANNUAL TRAINING PROGRAM TO STAY9
257+INFORMED ON SCHOOL DISCIPLINE UPDATES .10
212258 (III) T
213-RAINING MUST INCLUDE INFORMATION ON THE FOLLOWING :
259+RAINING MUST INCLUDE INFORMATION ON THE FOLLOWING :11
214260 (A) C
215-HILD AND ADOLESCENT BRAIN DEVELOPMENT ;
261+HILD AND ADOLESCENT BRAIN DEVELOPMENT ;12
216262 (B) R
217-ESTORATIVE JUSTICE;
218-PAGE 5-HOUSE BILL 23-1291 (C) ALTERNATIVES TO EXPULSION;
263+ESTORATIVE JUSTICE;13
264+(C) A
265+LTERNATIVES TO EXPULSION;14
219266 (D) T
220-RAUMA-INFORMED PRACTICES;
267+RAUMA-INFORMED PRACTICES;15
221268 (E) C
222-ONFLICT AND BIAS IN DISCIPLINE, SUSPENSION, AND EXPULSION;
223-AND
224-(F) REQUIREMENTS AND IMPLEMENTATION OF THE APPLICABLE
225-PORTIONS OF THE FEDERAL
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
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
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
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
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
296+SUBSECTIONS (2.4)(c)(II) AND (2.4)(c)(III) OF THIS SECTION.10
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
271312 (b) I
272-F A DISTRICT CHARTER SCHOOL, AUTHORIZED PURSUANT TO PART
273-1 OF ARTICLE 30.5 OF THIS TITLE 22, IS AUTHORIZED TO SUSPEND OR EXPEL
274-STUDENTS AS STIPULATED IN THE CHARTER SCHOOL CONTRACT PURSUANT
275-TO SECTION
276-22-30.5-106 (1)(p), THE DISTRICT CHARTER SCHOOL SHALL
277-COMPLY WITH THIS SECTION
278-.
279-SECTION 3. In Colorado Revised Statutes, 22-33-106, amend
280-(1.2) introductory portion as follows:
281-22-33-106. Grounds for suspension, expulsion, and denial of
282-admission. (1.2) Each school district is encouraged to
283- SHALL consider each
284-of the following factors before suspending or expelling a student pursuant
285-to a provision of
286- subsection (1) of this section:
287-SECTION 4. In Colorado Revised Statutes, 22-33-108, amend (2)
288-and (3) as follows:
313+F A DISTRICT CHARTER SCHOOL, AUTHORIZED PURSUANT TO26
314+PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, IS AUTHORIZED TO SUSPEND OR27
315+1291
316+-9- EXPEL STUDENTS AS STIPULATED IN THE CHARTER SCHOOL CONTRACT1
317+PURSUANT TO SECTION 22-30.5-106 (1)(p), THE DISTRICT CHARTER2
318+SCHOOL SHALL COMPLY WITH THIS SECTION .3
319+SECTION 3. In Colorado Revised Statutes, 22-33-106, amend4
320+(1.2) introductory portion as follows:5
321+22-33-106. Grounds for suspension, expulsion, and denial of6
322+admission. (1.2) Each school district is encouraged to SHALL consider7
323+each of the following factors before suspending or expelling a student8
324+pursuant to a provision of subsection (1) of this section:9
325+SECTION 4. In Colorado Revised Statutes, 22-33-108, amend10
326+(2) and (3) as follows:11
289327 22-33-108. Judicial proceedings. (2) W
290-ITHIN FIVE BUSINESS DAYS
291-AFTER A BOARD OF EDUCATION
292-'S DETERMINATION TO UPHOLD AN EXPULSION
293-OR DENIAL OF ADMISSION
294-, THE BOARD OF EDUCATION SHALL ISSUE A
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
301-writing within five
302-BUSINESS days after receiving official notificationNOTICE of the board's BOARD OF EDUCATION 'S action. The board of
303-education shall thereupon issue, or cause to be issued, to the child STUDENT
304-or his parent THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN a
305-statement of the reasons for the board's BOARD OF EDUCATION'S action
306-WITHIN FIVE BUSINESS DAYS. UPON RECEIVING THE NOTICE FROM THE
307-STUDENT OR THE STUDENT
308-'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN, THE
309-BOARD OF EDUCATION SHALL PROVIDE A COMPLETE AND ACCURATE COPY OF
310-PAGE 7-HOUSE BILL 23-1291 THE EXPULSION RECORD TO THE STUDENT OR THE STUDENT 'S PARENT,
311-GUARDIAN, OR LEGAL CUSTODIAN WITHIN FIVE BUSINESS DAYS . Within ten
312-BUSINESS days thereafter AFTER RECEIVING THE BOARD OF EDUCATION 'S
313-EXPULSION RECORD
314-, the child
315- STUDENT or his parents THE STUDENT'S
316-PARENT
317-, GUARDIAN, OR LEGAL CUSTODIAN may file with the court a petition
318-requesting that the order of the board of education be set aside, to which
319-shall
320- MUST be appended the statement of the board of education. No docket
321-or other fees shall be ARE collected by the court in connection with this
322-proceeding.
328+ITHIN FIVE BUSINESS12
329+DAYS AFTER A BOARD OF EDUCATION 'S DETERMINATION TO UPHOLD AN13
330+EXPULSION OR DENIAL OF ADMISSION, THE BOARD OF EDUCATION SHALL14
331+ISSUE A WRITTEN ORDER PROVIDING NOTICE OF THE DECISION . If a child or
332+15
333+his parent STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR LEGAL16
334+CUSTODIAN desires court review of an order of the board of education17
335+issued pursuant to this article, he shall ARTICLE 33, THE STUDENT OR THE18
336+STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN MUST notify the19
337+board
338+OF EDUCATION in writing within five BUSINESS days after receiving20
339+official notification
340+ NOTICE of the board's BOARD OF EDUCATION'S action.21
341+The board of education shall thereupon issue, or cause to be issued, to the22
342+child STUDENT or his parent THE STUDENT'S PARENT, GUARDIAN, OR23
343+LEGAL CUSTODIAN a statement of the reasons for the board's BOARD OF24
344+EDUCATION'S action WITHIN FIVE BUSINESS DAYS. UPON RECEIVING THE25
345+NOTICE FROM THE STUDENT OR THE STUDENT 'S PARENT, GUARDIAN, OR26
346+LEGAL CUSTODIAN, THE BOARD OF EDUCATION SHALL PROVIDE A27
347+1291
348+-10- COMPLETE AND ACCURATE COPY OF THE EXPULSION RECORD TO THE1
349+STUDENT OR THE STUDENT'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN2
350+WITHIN FIVE BUSINESS DAYS. Within ten BUSINESS days thereafter AFTER3
351+RECEIVING THE BOARD OF EDUCATION 'S EXPULSION RECORD, the child4
352+STUDENT or his parents THE STUDENT'S PARENT, GUARDIAN, OR LEGAL5
353+CUSTODIAN may file with the court a petition requesting that the order of6
354+the board of education be set aside, to which shall MUST be appended the7
355+statement of the board of education. No docket or other fees shall be ARE8
356+collected by the court in connection with this proceeding.9
323357 (3) After the petition is filed, the court shall notify the board
324-OF
325-EDUCATION
326- and shall hold a hearing on the matter WITHIN TWENTY-ONE
327-CALENDAR DAYS
328-. The court shall conduct judicial review of a hearing
329-decision pursuant to rule 106 (a)(4) of the Colorado rules of civil procedure
330-and rule 3.8 of the Colorado rules of juvenile procedure.
331-SECTION 5. Appropriation. For the 2023-24 state fiscal year,
332-$162,720 is appropriated to the department of education. This appropriation
333-is from the general fund and is based on an assumption that the department
334-will require an additional 0.9 FTE. To implement this act, the department
335-may use this appropriation for expulsion hearing officer training and
336-support.
337-SECTION 6. Safety clause. The general assembly hereby finds,
338-PAGE 8-HOUSE BILL 23-1291 determines, and declares that this act is necessary for the immediate
339-preservation of the public peace, health, or safety.
340-____________________________ ____________________________
341-Julie McCluskie Steve Fenberg
342-SPEAKER OF THE HOUSE PRESIDENT OF
343-OF REPRESENTATIVES THE SENATE
344-____________________________ ____________________________
345-Robin Jones Cindi L. Markwell
346-CHIEF CLERK OF THE HOUSE SECRETARY OF
347-OF REPRESENTATIVES THE SENATE
348- APPROVED________________________________________
349- (Date and Time)
350- _________________________________________
351- Jared S. Polis
352- GOVERNOR OF THE STATE OF COLORADO
353-PAGE 9-HOUSE BILL 23-1291
358+OF10
359+EDUCATION and shall hold a hearing on the matter WITHIN TWENTY-ONE11
360+CALENDAR DAYS. The court shall conduct judicial review of a hearing12
361+decision pursuant to rule 106 (a)(4) of the Colorado rules of civil13
362+procedure and rule 3.8 of the Colorado rules of juvenile procedure.14
363+SECTION 5. Appropriation. For the 2023-24 state fiscal year,15
364+$162,720 is appropriated to the department of education. This16
365+appropriation is from the general fund and is based on an assumption that17
366+the department will require an additional 0.9 FTE. To implement this act,18
367+the department may use this appropriation for expulsion hearing officer19
368+training and support.20
369+SECTION 6. Safety clause. The general assembly hereby finds,21
370+determines, and declares that this act is necessary for the immediate22
371+preservation of the public peace, health, or safety.23
372+1291
373+-11-