Suspension, Expulsion, and Denial of Admission ProcedureTwo bills passed in the 2023 legislative session that impact procedures for suspending, expelling, or denying admission to a student. For more information on these bills, please review CASB's 2023 Legislative Summary. - SB23-029, Disproportionate Discipline in Public Schools, has an effective date of August 7, 2023. It creates a task force to study disproportionate discipline, and also requires schools to consider a list of factors before suspending, expelling, or denying admission to a student. These factors were already outlined in law, but they were "highly recommended," rather than required. CASB sample policy already included these factors in discipline policies.
- HB23-1291, Procedures for Expulsion Hearing Officers, has an effective date of June 1, 2023. It makes more changes to procedure than SB23-029 does, including changes to hearing officer training requirements, hearing officer conflict of interests, as well as providing legal protections for students in expulsion or denial of admission hearings. This bill does not change suspension procedure - only expulsions and denials of admissions.
The following chart (also available in PDF and Word) explains the changes in these bills as compared to previous legal requirements. "N/A" means that there was no legal requirement.
| Topic | Previous Law | New Law as of June 1, 2023 | | Appeals of School Expulsion/Denial Decisions | A child denied admission or expelled has ten days to appeal the decision to the board of education. | A child now has ten business days to appeal the decision to the board.[i]
[i] HB23-1291, C.R.S. 22-33-105 (2.3)(d) | | Burden of Proof in Expulsion/Denial Hearings | N/A | In an expulsion hearing, the school district has the burden of proving by a preponderance of the evidence that the student violated one of the grounds for suspension or expulsion listed in C.R.S. 22-33-106 and the school district’s policy.[i]
[i] HB23-1291, C.R.S. 22-33-105(2.3)(a) | | Conflict of Interest for Hearing Officers or Superintendents | N/A | A hearing officer cannot have a conflict of interest toward a student under consideration for expulsion or denial of admission, or toward any alleged victim.[i] A superintendent cannot serve as a hearing officer if they were involved in investigating or reporting an incident that leads to a hearing. In this situation, the superintendent must delegate their powers to someone who was not involved.[ii]
[i] HB23-1291, C.R.S. 22-33-105 (2.4)(a) [ii] HB23-1291, C.R.S. 22-33-105 (2.4)(b) | | Consideration of Factors in Expulsions/Denials | Previous law “encouraged” school districts to consider a list of factors.[i]
[i] C.R.S. 22-33-106: factors include the student’s age; the student’s disciplinary history; the student’s eligibility as a student with a disability; the seriousness of the violation committed by the student; the threat posed to any student or staff; and the likelihood that a lesser intervention would properly address the violation. | Boards are now required to consider the same list of factors.[i] Boards must adopt a policy that states a student must not be expelled or denied admission unless the district considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment.[ii]
[i] SB23-029, C.R.S. 22-33-106: CASB sample policy JKD/JKE included all these factors and stated that the board “shall” consider them. [ii] HB23-1291, C.R.S. 22-33-105(4.5): CASB sample policy JKD/JKE included alternative remedies already, but has been updated to include the consideration of whether excluding the student from school is necessary. | | Records in Expulsion/Denial Hearings | N/A | School district must provide all records intended to be used as supporting evidence at least two business days in which school is in session prior to the expulsion hearing. Any other records discovered that were not already sent, must be sent immediately upon discovery.[i]
[i] HB23-1291, C.R.S. 22-33-105(2.3)(b) | | Training for Hearing Officers or Superintendents | N/A | CDE is required to create an online training program with certain requirements by June 30, 2024.[i]
Starting January 1, 2025, school districts must require hearing officers to complete an initial five-hour training program within thirty days after beginning work as a hearing officer, as well as an annual training program.[ii] School districts may utilize CDE’s training program, or may develop their own training program, as long as it is in compliance with the requirements.[iii]
[i] HB23-1291, C.R.S. 22-33-105(2.4)(a) and (c). Training must include information on child and adolescent brain development; restorative justice; alternatives to expulsion; trauma-informed practices; conflict and bias in discipline, suspension, and expulsion; and requirements of various relevant federal laws. The bill also states that impartiality training will include “avoiding prejudgment of the facts at issue and conflicts of interest.” [ii] HB23-1291, C.R.S. 22-33-105(2.4)(c)(II)(A) and (B). Beginning January 1, 2025, it shall be an abuse of discretion if a hearing officer presides over an expulsion hearing and hasn’t completed the required training. C.R.S. 22-33-105(2.4)(c)(IV). [iii] HB23-1291, C.R.S. 22-33-105(2.4)(c)(V) | | Written Opinion in Expulsion/Denial Hearings | Superintendent must write a written opinion. The written opinion must be completed within five days of the hearing. | Adds that the written opinion must impose or refrain from imposing disciplinary action, must be sent within five business days of the hearing, and must be provided to the student and parent/guardian.[i]
[i] HB23-1291, C.R.S. 22-33-105(2.3)(c) |
__________ July 2023 |
