C.R.S. § 22-33-101 Short title
22-33-101. Short title. This article shall be known and may be cited as the "School Attendance Law of 1963".
School Attendance Law of 1963
C.R.S. tit. 22, art. 33
in effectC.R.S. § 22-33-102 Definitions
22-33-102. Definitions. As used in this article 33, unless the context otherwise requires:
(1) "Academic year" means that portion of the school year during which the public schools are in regular session, beginning about the first week in September and ending about the first week in June of the next year, or that portion of the school year which constitutes the minimum period during which a pupil must be enrolled.
(2) "Adult" means a person who has reached the age of twenty-one years.
(3) "Board of education" means the school board, board of directors, and board of education of a school district.
(3.5) "Child who is habitually truant" means a child who is six years of age on or before August 1 of the year in question and is under seventeen years of age and who has four unexcused absences from public school in any one month or ten unexcused absences from public school during any academic year. Absences due to suspension or expulsion of a child are considered excused absences for purposes of this article 33.
(4) "Dangerous weapon" means:
(a) A firearm, as defined in section 18-1-901 (3)(h), C.R.S.;
(b) Any pellet gun, BB gun, or other device, whether operational or not, designed to propel projectiles by spring action or compressed air;
(c) A fixed-blade knife with a blade that exceeds three inches in length;
(d) A spring-loaded knife or a pocket knife with a blade exceeding three and one-half inches in length; or
(e) Any object, device, instrument, material, or substance, whether animate or inanimate, that is used or intended to be used to inflict death or serious bodily injury.
(5) "Delinquent act" means a violation of any statute, ordinance, or order enumerated in section 19-2.5-103 (1)(a). If a juvenile is alleged to have committed or is found guilty of a delinquent act, the classification and degree of the offense is determined by the statute, ordinance, or order that the petition alleges was violated. "Delinquent act" does not include truancy or habitual truancy.
(6) "Executive officer" means the superintendent of schools or the head administrative officer designated by a board of education to execute its policy decisions.
(7) Repealed.
(8) "Habitually disruptive student" has the same meaning as set forth in section 22-33-106 (1)(c.5).
(8.5) "High school equivalency examination" means the state-board-approved battery of tests that are designed to measure the major outcomes and concepts generally associated with four years of high school education and that are administered at a testing center that has been approved by the department of education based on geographic need and testing volume.
(9) "Informal hearing" means an opportunity for a child to explain his or her position regarding a disruption or an incident that occurred on school grounds, in a school vehicle, or at a school activity or sanctioned event and that constituted grounds for discipline.
(10) "Parent" means the mother or father of a child or any other person having custody of a child.
(10.5) "Pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (10.5).
(11) "School vehicle" has the same meaning as set forth in section 42-1-102 (88.5), C.R.S.
(12) "State board" means the state board of education.
C.R.S. § 22-33-103 Free education - tuition may be charged, when
22-33-103. Free education - tuition may be charged, when. Any resident of this state who has attained the age of six years and is under the age of twenty-one years is entitled to attend public school in the school district of which he is a resident, during the academic year when the schools of the district are in regular session, and without the payment of tuition, subject only to the limitations of sections 22-33-105 and 22-33-106. Tuition may be charged for a pupil who is not a resident of the school district in which the pupil attends school if the school district of residence agrees to pay such tuition as provided in section 22-32-115. In no event shall the parents or guardian of such pupil be required to pay tuition on behalf of such pupil. Tuition may be charged to pupils whose parents or guardian are not residents of the state and to resident or nonresident adult pupils, as otherwise provided by law.
C.R.S. § 22-33-103.5 Attendance of homeless children and youth - definitions
22-33-103.5. Attendance of homeless children and youth - definitions. (1) Equal access to school. Nothing in this article 33 shall be construed to prohibit a child or youth from attending a public school without the payment of tuition solely because the child or youth is a homeless child as defined in section 22-1-102.5.
(2) Place of residence of a homeless child or youth. A child or youth found to be homeless pursuant to the provisions of section 22-1-102.5 may be deemed by the school districts described in this subsection (2), taking into consideration the best interests of the child or youth, to reside in:
(a) The school district where the child or youth presently seeks shelter or is located; or
(b) For so long as the child or youth remains homeless, the school district in which the child's or youth's school of origin is located; except that a child or youth who, subsequent to becoming homeless, becomes permanently housed in the same school year may be deemed to reside in the school district of the school of origin, but only for the remainder of the school year.
(3) School stability. In determining the best interests of a homeless child for purposes of subsection (2) of this section, the school districts described in subsection (2) of this section shall:
(a) To the extent feasible and except when it is against the wishes of the homeless child's parent or legal guardian or against the wishes of an unaccompanied homeless child, keep the homeless child in the homeless child's school of origin;
(b) Provide a written explanation in a manner and form understandable to the parent, legal guardian, or unaccompanied homeless child, including a statement regarding the right to appeal pursuant to subsection (4) of this section, to the parent or legal guardian of the homeless child, if the school districts send the homeless child to a school other than the child's or youth's school of origin or to a school other than the school requested by the parent or legal guardian;
(c) In the case of an unaccompanied homeless child, assure that the homeless education liaison designated by one of the school districts pursuant to subsection (7) of this section assists in the placement or enrollment decisions, considers the school preference of the unaccompanied homeless child, and provides notice of the right to appeal pursuant to subsection (4) of this section to the unaccompanied homeless child.
(4) Disputes. (a) If a homeless child's parent or legal guardian or an unaccompanied homeless child disagrees with the decision of the school districts pursuant to subsection (2) of this section, the homeless child shall be immediately enrolled in the school selected by the homeless child's parent or legal guardian or, in the case of an unaccompanied homeless child, by the child or youth, pending resolution of the dispute through the appeal process created by the department of education pursuant to subsection (4)(b) of this section.
(b) Consistent with federal requirements, the department of education shall create an appeal process for a parent or legal guardian of a homeless child or an unaccompanied homeless child to pursue if the parent or legal guardian or the unaccompanied homeless child disagrees with the decision of the school districts pursuant to subsection (2) of this section.
(5) Enrollment and full participation. (a) The school selected for a homeless child pursuant to this section shall immediately enroll the homeless child, even if the child or youth has missed application or enrollment deadlines during any period of homelessness or the child or youth lacks records normally required prior to enrollment. Once enrolled, the child or youth must have a full and equal opportunity to succeed at the school.
(b) The enrolling school shall immediately contact the school last attended by the homeless child to obtain any records necessary for enrollment.
as missed application or enrollment deadlines during any period of homelessness or the child or youth lacks records normally required prior to enrollment. Once enrolled, the child or youth must have a full and equal opportunity to succeed at the school.
(b) The enrolling school shall immediately contact the school last attended by the homeless child to obtain any records necessary for enrollment.
(c) If the homeless child's immunizations are incomplete or if the homeless child's immunization records are unavailable, the enrolling school shall arrange for such immunizations as may be necessary.
(6) Transportation. (a) If it is determined pursuant to subsection (2) of this section that the best interest of a homeless child is to continue his or her education at the school of origin, including preschool, and the homeless child presently seeks shelter or is located in another school district, and the homeless child's parent or legal guardian or the homeless education liaison, on behalf of an unaccompanied homeless child, requests transportation to and from school, the school district where the homeless child presently seeks shelter or is located and the school district in which the school of origin is located shall agree upon a method to apportion cost and responsibility for the transportation of the homeless child to the school district where the homeless child is attending, or, in the alternative, each school district shall share equally in the cost and responsibility for transportation.
(b) If a homeless child continues to reside in the school district in which the school of origin is located, such school district, upon request of the homeless child's parent or legal guardian or upon request of the homeless education liaison, on behalf of an unaccompanied homeless child, shall arrange or provide for transportation of the homeless child to and from school.
(7) Liaison. The board of education of each school district in the state shall designate one or more of the employees of the school district to act as a homeless education liaison. The homeless education liaison shall facilitate a homeless child's access to and success in school. The homeless education liaison shall also assist in the mediation of any disputes concerning school enrollment, assist in making arrangements for transportation of the homeless child to and from school, assist in requesting school and immunization records, and assist any unaccompanied homeless child in making enrollment decisions. On or before the pupil enrollment count day, the homeless education liaison in each school district shall report to the department of education the number of homeless children enrolled in the school district.
(8) Credit accrual and college readiness. (a) The homeless education liaison must ensure that a homeless child or youth and an unaccompanied homeless child or youth have the opportunity to meet the same state academic achievement standards as other children and youth by removing barriers that prevent a homeless child or youth and an unaccompanied homeless child or youth from receiving credit for full or partial coursework.
(b) Counseling must be provided to a homeless child or youth and to an unaccompanied homeless child or youth to assist the homeless child or youth and unaccompanied homeless child or youth by advising, preparing, and improving access to postsecondary options. Counseling must include providing prospective qualifying students with information about the financial assistance program for students experiencing homelessness created in section 23-3.3-1502.
or youth and to an unaccompanied homeless child or youth to assist the homeless child or youth and unaccompanied homeless child or youth by advising, preparing, and improving access to postsecondary options. Counseling must include providing prospective qualifying students with information about the financial assistance program for students experiencing homelessness created in section 23-3.3-1502.
(c) Pursuant to section 23-3.3-1503 (3), the department of education shall provide school district data identifying prospective qualifying students based on student level status pursuant to the federal "McKinney-Vento Homeless Assistance Act", 42 U.S.C. sec. 11301, as amended, and other data already collected by the department of education, to the department of higher education for academic year 2023-24 by July 1, 2024, and for future academic years, on each January 20 thereafter.
(9) Definitions. As used in this section, unless the context otherwise requires:
(a) "School of origin" means the school a child or youth attended at the time the child or youth became homeless, or, if the child or youth became homeless during a period that he or she was not attending school, the last school the child or youth attended prior to becoming homeless.
(b) "Unaccompanied homeless child" means a child or youth who meets the requirements of section 22-1-102.5 who is not in the physical custody of a parent or legal guardian.
C.R.S. § 22-33-104 Compulsory school attendance
22-33-104. Compulsory school attendance. (1) (a) Except as otherwise provided in subsection (2) of this section, every child who has attained the age of six years on or before August 1 of each year and is under the age of seventeen years, except as provided by this section, shall attend public school for at least the following number of hours during each school year:
(I) One thousand fifty-six hours if a secondary school pupil;
(II) Nine hundred sixty-eight hours if an elementary school pupil in a grade other than kindergarten;
(III) Nine hundred hours if a full-day kindergarten pupil; or
(IV) Four hundred fifty hours if a half-day kindergarten pupil.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a school or schools shall not be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education.
(c) A student who participates in an online program or online school pursuant to the provisions of article 30.7 of this title shall be deemed to attend school in accordance with the requirements of this subsection (1).
(d) Nothing in this section shall be interpreted to require a child who begins attending preschool or kindergarten at five or six years of age to advance to first grade in the following school year. A parent of a child who began attending preschool or kindergarten at five or six years of age may notify the child's school of the parent's wish that the child not advance to first grade in the following school year, and a school that receives such notice shall not advance the child to first grade in the following school year.
(1.5) (Deleted by amendment, L. 2006, p. 1211, § 2, effective July 1, 2007.)
(2) The provisions of subsection (1) of this section shall not apply to a child:
(a) Who is temporarily ill or injured or whose absence is approved by the administrator of the school of attendance;
(b) Who is enrolled for a minimum of one hundred seventy-two days in an independent or parochial school which provides a basic academic education. "Basic academic education" for the purpose of this article means the sequential program of instruction provided by an independent or parochial school. Such program shall include, but not be limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, and science.
(c) Who is absent for an extended period due to a physical disability or a mental or behavioral health disorder;
(d) Who has been suspended, expelled, or denied admission in accordance with the provisions of this article; except that, when a pupil is expelled for the remainder of the school year, the parent, guardian, or legal custodian is responsible for seeing that either the provisions of subsection (1) of this section are complied with during the period of expulsion from the school district or that the pupil meets the conditions for exemption specified in paragraph (b) or (i) of this subsection (2);
(e) To whom a current age and school certificate or work permit has been issued pursuant to the "Colorado Youth Employment Opportunity Act of 1971", article 12 of title 8, C.R.S.;
(f) Who is in the custody of a court or law enforcement authorities;
(g) Who is pursuing a work-study program under the supervision of a public school;
(h) Who has graduated from the twelfth grade;
(i) Who is being instructed at home:
(I) By a teacher licensed pursuant to article 60.5 or 61 of this title; or
(II) Under a nonpublic home-based educational program pursuant to section 22-33-104.5.
(III) (Deleted by amendment, L. 2003, p. 2131, § 24, effective May 22, 2003.)
(j) Who is enrolled in a school where the state board of education has approved a lesser number of days.
welfth grade;
(i) Who is being instructed at home:
(I) By a teacher licensed pursuant to article 60.5 or 61 of this title; or
(II) Under a nonpublic home-based educational program pursuant to section 22-33-104.5.
(III) (Deleted by amendment, L. 2003, p. 2131, § 24, effective May 22, 2003.)
(j) Who is enrolled in a school where the state board of education has approved a lesser number of days.
(k) Who is excused from school for a therapy, medical, legal, or victim services appointment related to harassment or discrimination, as described in section 22-1-143 (2)(f), or for behavioral or mental health concerns related to harassment or discrimination.
(3) Unless within one of the exceptions listed in subsection (2) of this section, a child who is deaf or blind, and who has attained the age of six years and is under the age of seventeen, shall attend, for at least one hundred seventy-two days during the school year, a school which provides suitable specialized instruction. The provisions of this subsection (3) shall not apply to a child if the Colorado school for the deaf and the blind refuses him admission and it is impractical to arrange for attendance at a special education class, as provided in article 20 of this title, within daily commuting distance of the child's home. If any school providing instruction for deaf or blind children offers fewer than the necessary one hundred seventy-two days of instruction, the school shall file with the school district in which it is located a report showing the number of days classes were held and the names and ages of the children enrolled.
(4) (a) The board of education shall adopt a written policy setting forth the district's attendance requirements. The policy must provide for excused absences, including those listed as exclusions from compulsory school attendance in accordance with subsection (2) of this section, as well as temporary absences due to behavioral health concerns. An attendance policy developed pursuant to this section may include appropriate penalties for nonattendance due to unexcused absence.
(b) The attendance policy adopted pursuant to this subsection (4) shall specify the maximum number of unexcused absences a child may incur before the attorney for the school district, the attendance officer, or the local board of education may initiate judicial proceedings pursuant to section 22-33-108. Calculation of the number of unexcused absences a child has incurred includes all unexcused absences occurring during any calendar year or during any school year.
(b.5) Each board of education is encouraged to establish attendance procedures for identifying students who are chronically absent and to implement best practices and research-based strategies to improve the attendance of students who are chronically absent.
(c) On or before January 1, 2009, the state board shall adopt rules establishing a standardized calculation for counting unexcused absences of students, including the circumstance in which a student is absent for part of a school day, and the format for reporting the information to the department pursuant to section 22-33-107.
(5) (a) The general assembly hereby declares that two of the most important factors in ensuring a child's educational development are parental involvement and parental responsibility. The general assembly further declares that it is the obligation of every parent to ensure that every child under such parent's care and supervision receives adequate education and training. Therefore, every parent of a child who has attained the age of six years on or before August 1 of each year and is under the age of seventeen years shall ensure that such child attends the public school in which such child is enrolled in compliance with this section.
gation of every parent to ensure that every child under such parent's care and supervision receives adequate education and training. Therefore, every parent of a child who has attained the age of six years on or before August 1 of each year and is under the age of seventeen years shall ensure that such child attends the public school in which such child is enrolled in compliance with this section.
(b) Parents whose children are enrolled in an independent or parochial school or a non-public home-based educational program pursuant to the provisions of subsection (2) of this section shall be exempt from the requirements of this subsection (5).
C.R.S. § 22-33-104.5 Home-based education - guidelines - legislative declaration - definitions
22-33-104.5. Home-based education - guidelines - legislative declaration - definitions. (1) The general assembly hereby declares that it is the primary right and obligation of the parent to choose the proper education and training for children under his care and supervision. It is recognized that home-based education is a legitimate alternative to classroom attendance for the instruction of children and that any regulation of nonpublic home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that nonpublic home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of nonpublic education.
(2) As used in this section:
(a) "Nonpublic home-based educational program" means the sequential program of instruction for the education of a child which takes place in a home, which is provided by the child's parent or by an adult relative of the child designated by the parent, and which is not under the supervision and control of a school district. This educational program is not intended to be and does not qualify as a private and nonprofit school.
(b) "Parent" includes a parent or guardian.
(c) "Qualified person" means an individual who is selected by the parent of a child who is participating in a nonpublic home-based educational program to evaluate such child's progress and who is a teacher licensed pursuant to article 60.5 of this title, a teacher who is employed by an independent or parochial school, a licensed psychologist, or a person with a graduate degree in education.
(3) The following guidelines apply to a nonpublic home-based educational program:
(a) A parent or an adult relative designated by a parent to provide instruction in a nonpublic home-based educational program shall not be subject to the requirements of the "Colorado Educator Licensing Act of 1991", article 60.5 of this title, nor to the provisions of article 61 of this title relating to teacher employment.
(b) A child who is participating in a nonpublic home-based educational program is not subject to compulsory school attendance as provided in this article 33; except that any child who is habitually truant, as defined in section 22-33-102 (3.5), at any time during the last six months that the child attended school before proposed enrollment in a nonpublic home-based educational program may not be enrolled in the program unless the child's parents first submit a written description of the curricula to be used in the program along with the written notification of establishment of the program required in subsection (3)(e) of this section to any school district within the state.
(c) A nonpublic home-based educational program shall include no less than one hundred seventy-two days of instruction, averaging four instructional contact hours per day.
(d) A nonpublic home-based educational program shall include, but need not be limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, science, and regular courses of instruction in the constitution of the United States as provided in section 22-1-108.
hundred seventy-two days of instruction, averaging four instructional contact hours per day.
(d) A nonpublic home-based educational program shall include, but need not be limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, science, and regular courses of instruction in the constitution of the United States as provided in section 22-1-108.
(e) Any parent establishing a nonpublic home-based educational program shall provide written notification of the establishment of said program to a school district within the state fourteen days prior to the establishment of said program and each year thereafter if the program is maintained. The parent in charge and in control of a nonpublic home-based educational program shall certify, in writing, only a statement containing the name, age, place of residence, and number of hours of attendance of each child enrolled in said program. Notwithstanding the provisions of section 22-33-104 (1), a parent who intends to establish a nonpublic home-based educational program is not required to:
(I) Provide written notification of the program to a school district within the state until the parent's child is six years of age;
(II) Establish the program until the parent's child is seven years of age; or
(III) Continue the program or provide the notification after the child is sixteen years of age.
(f) Each child participating in a nonpublic home-based educational program shall be evaluated when such child reaches grades three, five, seven, nine, and eleven. Each child shall be given a nationally standardized achievement test to evaluate the child's academic progress, or a qualified person shall evaluate the child's academic progress. The test or evaluation results, whichever is appropriate, shall be submitted to the school district that received the notification required by paragraph (e) of this subsection (3) or an independent or parochial school within the state of Colorado. If the test or evaluation results are submitted to an independent or parochial school, the name of such school shall be provided to the school district that received the notification required by paragraph (e) of this subsection (3). The purpose of such tests or evaluations shall be to evaluate the educational progress of each child. No scores for a child participating in a nonpublic home-based educational program shall be considered in measuring school performance or determining accreditation pursuant to article 11 of this title.
(g) The records of each child participating in a nonpublic home-based educational program shall be maintained on a permanent basis by the parent in charge and in control of said program. The records shall include, but need not be limited to, attendance data, test and evaluation results, and immunization records, as required by sections 25-4-901, 25-4-902, and 25-4-903, C.R.S. Such records shall be produced to the school district that received the notification required by paragraph (e) of this subsection (3) upon fourteen days' written notice if the superintendent of said school district has probable cause to believe that said program is not in compliance with the guidelines established in this subsection (3).
(4) Any child who has participated in a nonpublic home-based educational program and who subsequently enrolls in the public school system may be tested by the school district in which the child has enrolled for the purpose of placing the child in the proper grade and shall then be placed at the grade level deemed most appropriate by said school district, with the consent of the child's parent or legal guardian. The school district shall accept the transcripts for credit from the non-public home-based educational program for any such child; except that the school district may reject such transcripts if the school district administers testing to such child and the testing does not verify the accuracy of such transcripts.
ate by said school district, with the consent of the child's parent or legal guardian. The school district shall accept the transcripts for credit from the non-public home-based educational program for any such child; except that the school district may reject such transcripts if the school district administers testing to such child and the testing does not verify the accuracy of such transcripts.
(5) (a) (I) If test results submitted to the appropriate school district pursuant to the provisions of paragraph (f) of subsection (3) of this section show that a child participating in a nonpublic home-based educational program received a composite score on said test which was above the thirteenth percentile, such child shall continue to be exempt from the compulsory school attendance requirement of this article. If the child's composite score on said test is at or below the thirteenth percentile, the school district shall require the parents to place said child in a public or independent or parochial school until the next testing period; except that no action shall be taken until the child is given the opportunity to be retested using an alternate version of the same test or a different nationally standardized achievement test selected by the parent from a list of approved tests supplied by the state board.
(II) If evaluation results submitted to the appropriate school district pursuant to the provisions of paragraph (f) of subsection (3) of this section show that the child is making sufficient academic progress according to the child's ability, the child will continue to be exempt from the compulsory school attendance requirement of this article. If the evaluation results show that the child is not making sufficient academic progress, the school district shall require the child's parents to place the child in a public or independent or parochial school until the next testing period.
(b) If the child's test or evaluation results are submitted to an independent or parochial school, said school shall notify the school district that received the notification pursuant to paragraph (e) of subsection (3) of this section if the composite score on said test was at or below the thirteenth percentile or if the evaluation results show that the child is not making sufficient academic progress. The school district shall then require the parents to proceed in the manner specified in paragraph (a) of this subsection (5).
(6) (a) If a child is participating in a nonpublic home-based educational program but also attending a public school for a portion of the school day, the school district of the public school may count the child in accordance with the provisions of section 22-54-103 (10) for purposes of determining pupil enrollment pursuant to the "Public School Finance Act of 2025", article 54 of this title 22.
.
(6) (a) If a child is participating in a nonpublic home-based educational program but also attending a public school for a portion of the school day, the school district of the public school may count the child in accordance with the provisions of section 22-54-103 (10) for purposes of determining pupil enrollment pursuant to the "Public School Finance Act of 2025", article 54 of this title 22.
(b) (I) For purposes of this subsection (6), a child who is participating in a nonpublic home-based educational program has the same rights as a student enrolled in a public school of the school district in which the child resides or is enrolled and may participate on an equal basis in any extracurricular or interscholastic activity offered by a public school or offered by a private school, at the private school's discretion, as provided in section 22-32-116.5 and is subject to the same rules of any interscholastic organization or association of which the student's school of participation is a member. A school district, a public school, or an interscholastic organization or association shall not require a child who is participating in a nonpublic home-based educational program and who chooses to participate in an extracurricular activity at a public school selected by the district to enroll in a course or to complete any course credits as an eligibility requirement or other condition for participating in the extracurricular activity at the district-selected school of participation; except that the school district, public school, or interscholastic organization may require the student to enroll in a course if the extracurricular activity is an extension of the course, such as a performing arts group.
(II) (A) Except as provided for in sub-subparagraph (B) of this subparagraph (II), for purposes of section 22-32-116.5, the school district of attendance for a child who is participating in a nonpublic home-based educational program shall be deemed to be the school district that received the notification pursuant to paragraph (e) of subsection (3) of this section.
(B) For purposes of section 22-32-116.5, the school district of attendance for a child who withdraws from a public or private school more than fifteen days after the start of the school year and enters a non-public home-based educational program shall be the school district or private school from which the child withdrew for the remainder of that school year. If, during the remainder of that academic year, the child chooses to participate in extracurricular or interscholastic activities at the same school and was eligible for participation prior to withdrawing from the school, the child remains eligible to participate at such school.
(c) No child participating in an extracurricular or interscholastic activity pursuant to paragraph (b) of this subsection (6) shall be considered attending the public school district where the child participates in such activity for purposes of determining pupil enrollment under paragraph (a) of this subsection (6).
(d) As used in this subsection (6), "extracurricular or interscholastic activities" shall have the same meaning as "activity" as set forth in section 22-32-116.5 (10).
(e) If any fee is collected pursuant to this subsection (6) for participation in an activity, the fee shall be used to fund the particular activity for which it is charged and shall not be expended for any other purpose.
C.R.S. § 22-33-104.6 On-line program - legislative declaration - authorized - definitions
22-33-104.6. On-line program - legislative declaration - authorized - definitions. (Repealed)
C.R.S. § 22-33-104.7 Eligibility for the general educational development tests
22-33-104.7. Eligibility for the general educational development tests. (1) A student who is sixteen years of age and who submits written evidence of a need to take the high school equivalency examination to be eligible for an educational or vocational program is eligible to sit for the high school equivalency examination after complying with all statutory and regulatory requirements in regard to high school equivalency examination testing.
(2) (a) A student who is sixteen years of age and who is subject to the jurisdiction of the juvenile court is eligible to sit for the high school equivalency examination if the judicial officer or administrative hearing officer who has responsibility for the student's case finds that sitting for the high school equivalency examination is in the student's best interests based on:
(I) The number of credits that the student has earned toward high school graduation and the number needed to graduate;
(II) The outcome of previous credit recovery and school reengagement plans, if any, created for the student by the school in which the student was most recently enrolled; and
(III) The desires of the student and the student's parent concerning returning to school or sitting for the high school equivalency examination.
(b) Before sitting for the high school equivalency examination, a student who is eligible pursuant to paragraph (a) of this subsection (2) shall comply with all statutory and regulatory requirements in regard to high school equivalency examination testing.
C.R.S. § 22-33-105 Suspension, expulsion, and denial of admission
22-33-105. Suspension, expulsion, and denial of admission. (1) No child who has attained the age of six years and is under the age of twenty-one shall be suspended or expelled from or be denied admission to the public schools, except as provided by this article.
(2) In addition to the powers provided in section 22-32-110, the board of education of each district may:
(a) Delegate to any school principal within the school district or to a person designated in writing by the principal the power to suspend a pupil in his school for not more than five school days on the grounds stated in section 22-33-106 (1)(a), (1)(b), (1)(c), or (1)(e) or not more than ten school days on the grounds stated in section 22-33-106 (1)(d);
(b) Suspend, on the grounds stated in section 22-33-106, a pupil from school for not more than another ten school days, or may delegate such power to its executive officer; except that the latter may extend a suspension to an additional ten school days if necessary in order to present the matter to the next meeting of the board of education, but the total period of suspension pursuant to this paragraph (b) and paragraph (a) of this subsection (2) shall not exceed twenty-five school days; and
(c) Deny admission to, or expel for any period not extending beyond one year, any student whom the board of education, in accordance with the limitations imposed by this article 33, determines does not qualify for admission to, or continued attendance at, the public schools of the district. A board of education may delegate such powers to its executive officer or to a designee who serves as a hearing officer.
(2.3) (a) If an expulsion hearing is requested by a school district, a student, or the student's parent, guardian, or legal custodian, the school district has the burden of proving by a preponderance of the evidence that the student violated section 22-33-106 and the school district's policy.
(b) If an expulsion hearing is requested pursuant to subsection (2.3)(a) of this section by a school district, a student, or the student's parent, guardian, or legal custodian, the school district seeking to expel or deny admission to the student shall provide all records that the school district intends to use as supporting evidence for expulsion or denial of admission to the student or the student's parent, guardian, or legal custodian at least two business days in which school is in session prior to the expulsion hearing. Upon discovery of a record not previously provided, the school district shall immediately provide the record to the student or the student's parent, guardian, or legal custodian.
(c) If an executive officer acting as a hearing officer conducts an expulsion hearing pursuant to subsection (2.3)(a) of this section, the executive officer shall create a report with findings of fact and recommendations, including specific findings regarding the factors set forth in section 22-33-106 (1.2). If a designee acting as a hearing officer conducts a hearing, the designee shall forward findings of fact and recommendations to the executive officer at the conclusion of the expulsion hearing, including specific findings regarding the factors set forth in section 22-33-106 (1.2). An executive officer shall render a written opinion that imposes or refrains from imposing disciplinary action within five business days after an expulsion hearing is conducted by the executive officer or by a designee acting as a hearing officer. The executive officer shall provide the written opinion to the student or the student's parent, guardian, or legal custodian. The executive officer shall report on each case acted upon at the next meeting of the board of education, briefly describing the circumstances and the reasons for the executive officer's opinion.
nducted by the executive officer or by a designee acting as a hearing officer. The executive officer shall provide the written opinion to the student or the student's parent, guardian, or legal custodian. The executive officer shall report on each case acted upon at the next meeting of the board of education, briefly describing the circumstances and the reasons for the executive officer's opinion.
(d) A student who is denied admission or expelled as a result of the hearing described in subsection (2.3)(a) of this section has ten business days after the decision of the executive officer is rendered to appeal the decision to the board of education, after which time the decision to grant or deny the appeal is at the discretion of the board of education. The appeal must consist of a review of the facts presented and determined at the hearing conducted by the executive officer or by a designee acting as a hearing officer, arguments relating to the decision, and questions of clarification from the board of education. If the board of education upholds the determination of the executive officer to expel or deny admission to a student, the student is entitled to a review of the decision of the board of education in accordance with section 22-33-108.
(2.4) (a) A hearing officer must not have a conflict of interest with regard to a student under consideration for expulsion or denial of admission, or toward any alleged victim. A school district must ensure that any person acting as a hearing officer receives training on how to serve impartially, including avoiding prejudgment of the facts at issue and conflicts of interest. The training must be included as part of the training program offered by the department of education pursuant to subsection (2.4)(c) of this section.
(b) An executive officer involved in investigating or reporting an incident that leads to a hearing that could result in suspension, expulsion, or denial of admission of a student shall not act as a hearing officer. Instead, the executive officer shall delegate such powers to a designee who is not involved in investigating or reporting the incident.
(c) (I) On or before June 30, 2024, the department of education shall create and maintain the online training program for hearing officers who conduct expulsion hearings. The department of education shall collaborate with stakeholders on the creation of the online training program, which may occur virtually by video or audio.
(II) (A) Beginning January 1, 2025, school districts and the state charter school institute shall require hearing officers to complete an initial five-hour training program within thirty days after the date the hearing officer starts work as a hearing officer.
(B) In addition to the initial five-hour training completed pursuant to subsection (2.4)(c)(II)(A) of this section, hearing officers shall complete an annual training program to stay informed on school discipline updates.
(III) Training must include information on the following:
(A) Child and adolescent brain development;
(B) Restorative justice;
(C) Alternatives to expulsion;
(D) Trauma-informed practices;
(E) Conflict and bias in discipline, suspension, and expulsion; and
(F) Requirements and implementation of the applicable portions of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended; the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended; the "Exceptional Children's Educational Act", article 20 of this title 22; and the "School Attendance Law of 1963", established pursuant to this article 33.
(IV) Beginning January 1, 2025, it is an abuse of discretion if a hearing officer presides over an expulsion hearing and has not completed the required training pursuant to this subsection (2.4).
ct of 1974", 20 U.S.C. sec. 1232g, as amended; the "Exceptional Children's Educational Act", article 20 of this title 22; and the "School Attendance Law of 1963", established pursuant to this article 33.
(IV) Beginning January 1, 2025, it is an abuse of discretion if a hearing officer presides over an expulsion hearing and has not completed the required training pursuant to this subsection (2.4).
(V) A school district, a district charter school authorized to suspend or expel students, or the state charter school institute may develop and provide a training program to hearing officers and school administrators. The training program must meet or exceed the requirements set forth in subsections (2.4)(c)(II) and (2.4)(c)(III) of this section.
(2.5) Each board of education shall annually report to the state board the number of students expelled from schools within the district pursuant to this section and pursuant to section 25-4-907, C.R.S. Any pupil who is expelled pursuant to this section shall not be included in calculating the dropout rate for the school from which such student is expelled or in calculating the dropout rate for the school district in which such pupil was enrolled prior to being expelled.
(3) (a) If a pupil is suspended pursuant to subsection (2) of this section, the suspending authority shall immediately notify the parent, guardian, or legal custodian of the pupil that the pupil has been suspended and of the grounds for the suspension, the period of the suspension, and the time and place for the parent, guardian, or legal custodian to meet with the suspending authority to review the suspension.
(b) Except as provided in paragraph (c) of this subsection (3), a suspended pupil shall:
(I) Be required to leave the school building and the school grounds immediately, following a determination by the parent, guardian, or legal custodian and the school of the best way to transfer custody of the pupil to the parent, guardian, or legal custodian; and
(II) Not be readmitted to a public school until a meeting between the parent, guardian, or legal custodian and the suspending authority has taken place or until, in the discretion of the suspending authority, the parent, guardian, or legal custodian of the suspended pupil has substantially agreed to review the suspension with such suspending authority; except that, if the suspending authority cannot contact the parent, guardian, or legal custodian of such pupil or if such parent, guardian, or legal custodian repeatedly fails to appear for scheduled meetings, the suspending authority may readmit the pupil. The meeting shall address whether there is a need to develop a remedial discipline plan for the pupil in an effort to prevent further disciplinary action.
(c) A pupil suspended for a period of ten days or less shall receive an informal hearing by the school principal or the principal's designee prior to the pupil's removal from school, unless an emergency requires immediate removal from school, in which case an informal hearing shall follow as soon after the pupil's removal as practicable. Any pupil suspended for more than ten days shall be given the opportunity to request a review of the suspension before an appropriate official of the school district.
ncipal or the principal's designee prior to the pupil's removal from school, unless an emergency requires immediate removal from school, in which case an informal hearing shall follow as soon after the pupil's removal as practicable. Any pupil suspended for more than ten days shall be given the opportunity to request a review of the suspension before an appropriate official of the school district.
(d) The suspending authority shall:
(I) Make every reasonable effort to meet with the parent, guardian, or legal custodian of the pupil during the period of suspension;
(II) Not extend a period of suspension because of the failure of the suspending authority to meet with the parent, guardian, or legal custodian during the period of suspension;
(III) Provide an opportunity for a pupil to make up school work during the period of suspension for full or partial academic credit to the extent possible. The intent of this provision is to provide an opportunity for the pupil to reintegrate into the educational program of the district and to help prevent the pupil from dropping out of school because of an inability to reintegrate into the educational program following the period of suspension. The school district should take this intent into consideration when determining the amount of credit a student will receive for this makeup work.
(4) The board of education of each district shall establish, as an alternative to suspension, a policy that allows the pupil to remain in school by encouraging the parent, guardian, or legal custodian, with the consent of the pupil's teacher or teachers, to attend class with the pupil for a period of time specified by the suspending authority. If the parent, guardian, or legal custodian does not agree to attend class with the pupil or fails to attend class with the pupil, the pupil shall be suspended in accordance with the conduct and discipline code of the district.
(4.5) The board of education of each district shall adopt a policy that states a student must not be expelled or denied admission unless the school district considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment.
(5) (a) Whenever a petition filed in juvenile court alleges that a child at least twelve years of age but under eighteen years of age has committed an offense that would constitute unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., or a crime of violence, as defined in section 18-1.3-406, C.R.S., if committed by an adult or whenever charges filed in district court allege that a child has committed such an offense, basic identification information concerning such child and the details of the alleged delinquent act or offense shall be provided immediately to the school district in which the child is enrolled in accordance with the provisions of section 19-1-304 (5), C.R.S. Upon receipt of such information, the board of education of the school district or its designee shall determine whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other students or of school personnel in the school and whether educating the student in the school may disrupt the learning environment in the school, provide a negative example for other students, or create a dangerous and unsafe environment for students, teachers, and other school personnel. The determination may be made in executive session to the extent allowed by section 24-6-402 (4)(h), C.R.S. If the board of education or its designee, in accordance with the provisions of this subsection (5), makes a determination that the student should not be educated in the school, it may proceed with suspension or expulsion in accordance with subsection (2) of this section and section 22-33-106
he determination may be made in executive session to the extent allowed by section 24-6-402 (4)(h), C.R.S. If the board of education or its designee, in accordance with the provisions of this subsection (5), makes a determination that the student should not be educated in the school, it may proceed with suspension or expulsion in accordance with subsection (2) of this section and section 22-33-106. Alternatively, the board of education or its designee may determine that it will wait until the conclusion of the juvenile proceedings to consider the expulsion matter, in which case it shall be the responsibility of the district to provide the student with an appropriate alternate education program, including but not limited to an online program or online school authorized pursuant to article 30.7 of this title, or a home-based education program during the period pending the resolution of the juvenile proceedings. Information made available to the school district and not otherwise available to the public pursuant to the provisions of section 19-1-304, C.R.S., shall remain confidential.
(b) No student who is being educated in an alternate education program or a home-based education program pursuant to paragraph (a) of this subsection (5) shall be allowed to return to the education program in the public school until there has been a disposition of the charge. If the student pleads guilty, is found guilty, or is adjudicated a delinquent juvenile, the school district may proceed in accordance with section 22-33-106 to expel the student. The time that a student spends in an alternate education program pursuant to paragraph (a) of this subsection (5) shall not be considered a period of expulsion.
(c) No court which has jurisdiction over the charges against a student who is subject to the provisions of this subsection (5) shall issue an order requiring the student to be educated in the education program in the school in contradiction of the provisions of this subsection (5).
(6) When a pupil is expelled by a school district, the pupil's parent, guardian, or legal custodian is responsible for seeing that the pupil complies with the provisions of this article during the period of expulsion.
(7) (a) Notwithstanding any other provision of this part 1 to the contrary:
(I) An institute charter school authorized pursuant to part 5 of article 30.5 of this title 22 may carry out the functions of a suspending authority pursuant to this section; and
(II) The state charter school institute created in part 5 of article 30.5 of this title 22 may carry out the functions of a school district and its board of education with respect to the suspension, expulsion, or denial of admission of a student to an institute charter school.
(b) If a district charter school, authorized pursuant to part 1 of article 30.5 of this title 22, is authorized to suspend or expel students as stipulated in the charter school contract pursuant to section 22-30.5-106 (1)(p), the district charter school shall comply with this section.
C.R.S. § 22-33-106 Grounds for suspension, expulsion, and denial of admission
22-33-106. Grounds for suspension, expulsion, and denial of admission. (1) The following may be grounds for suspension or expulsion of a child from a public school during a school year:
(a) Continued willful disobedience or open and persistent defiance of proper authority;
(b) Willful destruction or defacing of school property;
(c) Behavior on or off school property that is detrimental to the welfare or safety of other pupils or of school personnel, including behavior that creates a threat of physical harm to the child or to other children; except that, if the child who creates the threat is a child with a disability pursuant to section 22-20-103 (5), the child may not be expelled if the actions creating the threat are a manifestation of the child's disability. However, the child shall be removed from the classroom to an appropriate alternative setting within the district in which the child is enrolled for a length of time that is consistent with federal law, during which time the school in which the student is enrolled shall give priority to and arrange within ten days for a reexamination of the child's individualized education program to amend his or her program as necessary to ensure that the needs of the child are addressed in a more appropriate manner or setting that is less disruptive to other students and is in accordance with the provisions of article 20 of this title. Nothing in this paragraph (c) shall be construed to limit a school district's authority to suspend a child with a disability for a length of time that is consistent with federal law.
(c.5) (I) Declaration as a habitually disruptive student.
(II) For purposes of this paragraph (c.5), "habitually disruptive student" means a child who has caused a material and substantial disruption on school grounds, in a school vehicle, or at a school activity or sanctioned event three or more times during the course of a school year. Any student who is enrolled in a public school may be subject to being declared a habitually disruptive student.
(III) The student and the parent, legal guardian, or legal custodian shall have been notified in writing of each disruption counted toward declaring the student as habitually disruptive pursuant to this paragraph (c.5), and the student and parent, legal guardian, or legal custodian shall have been notified in writing and by telephone or other means at the home or the place of employment of the parent or legal guardian of the definition of "habitually disruptive student".
(IV) (Deleted by amendment, L. 2000, p. 1971, § 12, effective June 2, 2000.)
(d) Committing one of the following offenses on school grounds, in a school vehicle, or at a school activity or sanctioned event:
(I) Possession of a dangerous weapon without the authorization of the school or the school district;
(II) The use, possession, or sale of a drug or controlled substance as defined in section 18-18-102 (5), C.R.S.; or
(III) The commission of an act that, if committed by an adult, would be robbery pursuant to part 3 of article 4 of title 18, C.R.S., or assault pursuant to part 2 of article 3 of title 18, C.R.S., other than the commission of an act that would be third degree assault under section 18-3-204, C.R.S., if committed by an adult.
(e) Repeated interference with a school's ability to provide educational opportunities to other students.
hat, if committed by an adult, would be robbery pursuant to part 3 of article 4 of title 18, C.R.S., or assault pursuant to part 2 of article 3 of title 18, C.R.S., other than the commission of an act that would be third degree assault under section 18-3-204, C.R.S., if committed by an adult.
(e) Repeated interference with a school's ability to provide educational opportunities to other students.
(f) Carrying, using, actively displaying, or threatening with the use of a firearm facsimile that could reasonably be mistaken for an actual firearm in a school building or in or on school property. Each school district shall develop a policy that shall authorize a student to carry, bring, use, or possess a firearm facsimile on school property for either a school-related or a nonschool-related activity. Such policy shall also consider student violations under this section on a case-by-case basis using the individual facts and circumstances to determine whether suspension, expulsion, or any other disciplinary action, if any, is necessary.
(g) Pursuant to section 22-12-105 (3), making a false accusation of criminal activity against an employee of an educational entity to law enforcement authorities or school district officials or personnel.
(1.2) Each school district shall consider each of the following factors before suspending or expelling a student pursuant to subsection (1) of this section:
(a) The age of the student;
(b) The disciplinary history of the student;
(c) Whether the student has a disability;
(d) The seriousness of the violation committed by the student;
(e) Whether the violation committed by the student threatened the safety of any student or staff member; and
(f) Whether a lesser intervention would properly address the violation committed by the student.
(1.5) Notwithstanding any other provision of law, in accordance with the provisions of 20 U.S.C. sec. 7961, a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school, shall be expelled for a period of not less than one year; except that the superintendent of the student's school district may modify this requirement for a student on a case-by-case basis if such modification is in writing.
(2) Subject to the district's responsibilities under article 20 of this title, the following may be grounds for expulsion from or denial of admission to a public school, or diversion to an appropriate alternate program:
(a) Physical or mental disability such that the child cannot reasonably benefit from the programs available;
(b) Physical or mental disability or disease causing the attendance of the child suffering therefrom to be inimical to the welfare of other pupils.
(3) The following may constitute additional grounds for denial of admission to a public school:
(a) Graduation from the twelfth grade of any school or receipt of any document evidencing completion of the equivalent of a secondary curriculum;
(b) Failure to meet the requirements of age, by a child who has reached the age of six at a time after the beginning of the school year, as fixed by the board of education of the district in which the child applies for enrollment, as provided in section 22-1-115;
(c) Having been expelled from any school district during the preceding twelve months;
(d) Not being a resident of the district, unless otherwise entitled to attend under the provisions of article 23, 32, or 36 of this title;
(e) Failure to comply with the provisions of part 9 of article 4 of title 25, C.R.S. Any suspension, expulsion, or denial of admission for such failure to comply shall not be recorded as a disciplinary action but may be recorded with the student's immunization record with an appropriate explanation.
, unless otherwise entitled to attend under the provisions of article 23, 32, or 36 of this title;
(e) Failure to comply with the provisions of part 9 of article 4 of title 25, C.R.S. Any suspension, expulsion, or denial of admission for such failure to comply shall not be recorded as a disciplinary action but may be recorded with the student's immunization record with an appropriate explanation.
(f) Behavior in another school district during the preceding twelve months that is detrimental to the welfare or safety of other pupils or of school personnel.
(4) (a) Except as provided in paragraph (b) of this subsection (4), a school district shall prohibit any student who is expelled from a public school of the school district pursuant to paragraph (c) or (d) of subsection (1) of this section or pursuant to subsection (1.5) of this section from enrolling or reenrolling in the same school in which the victim of the offense or member of a victim's immediate family is enrolled or employed. If the school district has no actual knowledge of the name of the victim of the offense for which the student was expelled, the provisions of this subsection (4) shall be implemented only upon request of the victim or a member of the victim's immediate family.
(b) In any school district that has only one school in which the expelled student can enroll, the school district shall either:
(I) Prohibit the student expelled from the school district pursuant to paragraph (c) or (d) of subsection (1) of this section or pursuant to subsection (1.5) of this section from enrolling or reenrolling in the same school in which the victim of the offense or member of a victim's immediate family is enrolled or employed; or
(II) Design a schedule for the expelled student that, to the extent possible, avoids contact between the expelled student and the victim or a member of the victim's immediate family.
(c) The provisions of this subsection (4) shall not apply to an offense that constitutes a crime against property.
(d) The provisions of this subsection (4) shall apply only if the expelled student is convicted, is adjudicated a juvenile delinquent, receives a deferred judgment, or is placed in a diversion program as a result of committing the offense for which the student was expelled. Prior to implementation of the provisions of this subsection (4), the school district shall contact the appropriate court to determine whether the provisions of this subsection (4) apply to an expelled student. The school district shall be authorized by the provisions of section 19-1-303 (1)(b), C.R.S., to obtain such information.
(e) (I) Notwithstanding any other provision of law to the contrary, any county or district court shall have original concurrent jurisdiction to issue a temporary or permanent civil restraining order that enjoins the expelled student from enrolling or reenrolling in the same school in which the victim of the offense or member of a victim's immediate family is enrolled or employed.
(II) A motion for a temporary civil restraining order pursuant to this paragraph (e) shall be set for hearing, which hearing shall be ex parte, at the earliest possible time and shall take precedence over all matters except those matters of the same character that have been on the court docket for a longer period of time. The court shall hear all such motions as expeditiously as possible.
(5) If a student who is participating in online instruction is suspended or expelled on or after March 23, 2020, in violation of section 22-1-131 (4), the school district or public school that suspends or expels the student shall revoke the suspension or expulsion and expunge the suspension or expulsion from the student's record.
C.R.S. § 22-33-106.1 Suspension - expulsion - preschool through second grade - definitions
22-33-106.1. Suspension - expulsion - preschool through second grade - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Charter school" means a charter school that is authorized by a school district board of education pursuant to part 1 of article 30.5 of this title 22 or an institute charter school that is authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.
(b) "Enrolling entity" means:
(I) A community-based preschool program that includes students who are funded through the "Colorado Preschool Program Act", article 28 of this title 22, as it exists prior to July 1, 2023, or through the "Colorado Universal Preschool Program Act", part 2 of article 4 of title 26.5, or students who are funded with state or federal money to educate children with disabilities;
(II) A school district; or
(III) A charter school.
(2) Notwithstanding any provision of this article 33 to the contrary, an enrolling entity may impose an out-of-school suspension or expel a student enrolled in preschool, kindergarten, first grade, or second grade only if:
(a) The enrolling entity determines that the student has engaged in conduct on school grounds, in a school vehicle, or at a school activity or sanctioned event that:
(I) Involves the possession of a dangerous weapon without the authorization of the public school or enrolling entity, if different;
(II) Involves the use, possession, or sale of a drug or controlled substance, as defined in section 18-18-102 (5); or
(III) Endangers the health or safety of others;
(b) The enrolling entity determines that failure to remove the student from the school building would create a safety threat that cannot otherwise be addressed; and
(c) The enrolling entity, on a case-by-case basis, considers each of the factors set forth in section 22-33-106 (1.2) before suspending or expelling the student. The enrolling entity shall document any alternative behavioral and disciplinary interventions that it employs before suspending or expelling the student.
(3) If an enrolling entity imposes an out-of-school suspension on a student who meets the criteria specified in subsection (2) of this section, the out-of-school suspension shall not exceed three school days unless the executive officer or chief administrative officer of the enrolling entity, or designee of either, determines that a longer period of suspension is necessary to resolve the safety threat or recommends that the student be expelled in accordance with section 22-33-105 (2)(c).
(4) This section does not prevent an enrolling entity from excluding, removing, or disenrolling a student for reasons unrelated to student discipline.
(5) For purposes of this section, if an enrolling entity requests that a parent remove a child for disciplinary reasons from the school grounds for any length of time during a school day, the request constitutes a suspension and is subject to the requirements of this section.
(6) The state board shall annually review the data concerning the number of students who are suspended or expelled pursuant to this section and, if available, the reasons for the suspensions and expulsions.
C.R.S. § 22-33-106.3 Disciplinary investigations - parental presence - student statements - definition
22-33-106.3. Disciplinary investigations - parental presence - student statements - definition. (1) A public school employee shall not use a student's statement concerning an act alleged to have been committed by the student that results in mandatory expulsion pursuant to section 22-33-106 (1)(d), in the expulsion hearing, unless the statement is signed by the student and a parent, guardian, or legal or physical custodian is present when the student signs the statement or admission or a reasonable attempt was made to contact the parent, guardian, or legal or physical custodian to have the parent, guardian, or legal or physical custodian present when the student signed the statement. The school shall be deemed to have made a reasonable attempt to contact the parent, guardian, or legal or physical custodian if the school calls each of the phone numbers the parent, guardian, or legal or physical custodian provides to the school and all phone numbers the student provides to the school for the parent, guardian, or legal or physical custodian.
(2) Notwithstanding the provisions of subsection (1) of this section, the student and his or her parent, guardian, or legal or physical custodian may expressly waive the requirement that the parent, guardian, or legal or physical custodian be present when a student signs a statement or admission. This express waiver shall be in writing and shall be obtained only after full advisement of the student and his or her parent, guardian, or legal or physical custodian of the student's rights prior to the signing of the statement or admission by the student.
(3) The requirements of subsection (1) of this section shall not apply if the student makes any deliberate misrepresentations affecting the applicability or requirements of this section and a school official, acting in good faith and in reasonable reliance on such deliberate misrepresentation, obtains a signed statement or admission of the student that does not comply with the requirements of subsection (1) of this section.
(4) Nothing in this section shall be construed to prevent or interfere with a fact-finding or information-gathering investigation by a school or school employee.
(5) For the purposes of this section, "physical custodian" has the same meaning as that term is defined in section 19-2.5-102.
C.R.S. § 22-33-106.5 Information concerning offenses committed by students
22-33-106.5. Information concerning offenses committed by students. (1) Upon adjudication or conviction of a person under the age of eighteen years for an offense specified in section 22-33-106 (1)(d), the adjudicating juvenile court or the convicting district court, whichever is applicable, shall notify the school district in which the person is enrolled that the person is subject to mandatory expulsion based on the adjudication or conviction.
(2) Upon adjudication or conviction of a person under the age of eighteen years for an offense that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., or for an offense involving controlled substances, or, for a person under eighteen years of age but at least twelve years of age, for an offense that would constitute unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., if committed by an adult the adjudicating or convicting court shall notify the school district in which the person is enrolled of the person's adjudication or conviction.
C.R.S. § 22-33-107 Enforcement of compulsory school attendance - definitions
22-33-107. Enforcement of compulsory school attendance - definitions. (1) The board of education of each school district shall designate one or more of the employees of the district to act as attendance officer for the district. It is the attendance officer's duty in appropriate cases to counsel with students and parents and investigate the causes of nonattendance and report to the local board of education so as to enforce the provisions of this article which relate to compulsory attendance.
(2) The commissioner of education shall designate an employee of the department of education whose duty it is to assist the individual school districts and to supervise the enforcement of compulsory school attendance for the entire state.
(3) (a) As used in this subsection (3):
(I) Repealed.
(II) "Local community services group" means the local juvenile services planning committee created pursuant to section 19-2.5-302, the local collaborative management group created by a memorandum of understanding entered into pursuant to section 24-1.9-102, or another local group of public agencies that collaborate with the school district to identify and provide support services for students.
(b) The board of education of each school district shall adopt and implement policies and procedures concerning elementary and secondary school attendance, including but not limited to policies and procedures to work with children who are habitually truant. The policies and procedures must include provisions for the development of a plan. The plan must be developed with the goal of assisting the child to remain in school and, when practicable, with the full participation of the child's parent, guardian, or legal custodian. Appropriate school personnel shall make all reasonable efforts to meet with the parent, guardian, or legal custodian of the child to review and evaluate the reasons for the child's truancy. The appropriate school personnel are encouraged to work with the local community services group to develop the plan. The plan must be in compliance with section 22-33-108 (7) and include appropriate sanctions other than placement in a juvenile detention facility for a child who is habitually truant and who has refused to comply with the plan. The policies and procedures may also include but need not be limited to the following:
(I) (Deleted by amendment, L. 96, p. 1808, § 4, effective July 1, 1996.)
(I.5) Procedures to monitor the attendance of each child enrolled in the school district to identify each child who has a significant number of unexcused absences and to work with the local community services group and the child's parent to identify and address the likely issues underlying the child's truancy, including any nonacademic issues;
(II) Annually at the beginning of the school year and upon any enrollment during the school year, notifying the parent of each child enrolled in the public schools in writing of such parent's obligations pursuant to section 22-33-104 (5) and requesting that the parent acknowledge in writing awareness of such obligations;
(III) Annually at the beginning of the school year and upon any enrollment during the school year, obtaining from the parent of each child a telephone number or other means of contacting such parent during the school day; and
public schools in writing of such parent's obligations pursuant to section 22-33-104 (5) and requesting that the parent acknowledge in writing awareness of such obligations;
(III) Annually at the beginning of the school year and upon any enrollment during the school year, obtaining from the parent of each child a telephone number or other means of contacting such parent during the school day; and
(IV) Establishing a system of monitoring individual unexcused absences of children which shall provide that, whenever a child who is enrolled in a public school fails to report to school on a regularly scheduled school day and school personnel have received no indication that the child's parent is aware of the child's absence, school personnel or volunteers under the direction of school personnel shall make a reasonable effort to notify by telephone such parent. Any person who, in good faith, gives or fails to give notice pursuant to this subparagraph (IV) shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding which results from such notice or failure to give such notice.
(4) On or before September 15, 2022, and on or before September 15 each year thereafter, the board of education of each school district shall report to the department of education the students' individual attendance information, including total days attended, total days excused, total days unexcused, total possible attendance days, and those who are habitually truant, as defined in section 22-33-102 (3.5), for the preceding academic year. The department shall post the aggregated information for each school district on its website for the public to access and may post additional information reported by school districts related to truancy.
(5) The department of education may post on its website information concerning effective, research-based, truancy- and dropout-prevention programs for the benefit of school districts.
C.R.S. § 22-33-107.1 Parental notice of dropout status
22-33-107.1. Parental notice of dropout status. (Repealed)
C.R.S. § 22-33-107.5 Notice of failure to attend
22-33-107.5. Notice of failure to attend. (1) Except as otherwise set forth in subsection (2) of this section, a school district shall notify the appropriate court or parole board if a student fails to attend all or any portion of a school day, where the school district has received notice from the court or parole board:
(a) Pursuant to section 19-2.5-305 (3)(a)(X) that the student is required to attend school as a condition of release pending an adjudicatory trial;
(b) Pursuant to section 17-22.5-404, 18-1.3-204, 19-2.5-1103 (4), 19-2.5-1108 (9), or 19-2.5-1203 (1) or (3) that the student is required to attend school as a condition of or in connection with any sentence imposed by the court, including a condition of probation or parole; or
(c) Pursuant to section 13-10-113 (8), C.R.S., that the student is required to attend school as a condition of or in connection with any sentence imposed by a municipal court.
(2) If the school district has notice that a student who is required to attend school as a condition of release or as a condition of or in connection with any sentence imposed by a court, including a condition of probation or parole, has enrolled in a nonpublic home-based educational program, pursuant to section 22-33-104.5, or in an independent or parochial school, the school district shall notify the appropriate court or parole board and shall no longer be required to notify the court or parole board, pursuant to subsection (1) of this section, if the student fails to attend.
C.R.S. § 22-33-108 Judicial proceedings
22-33-108. Judicial proceedings. (1) Those courts having jurisdiction over juvenile matters in a judicial district shall have original jurisdiction over all matters arising out of the provisions of this article.
(1.5) (a) All proceedings brought under this article shall be commenced in the judicial district in which the child resides or is present.
(b) When proceedings commence under this article in a judicial district other than that of the child's residence or when the child changes his or her judicial district of residence after a proceeding under this article commences, the court in which proceedings commenced may, on its own motion or on the motion of any interested party, transfer the case to the court in the judicial district where the child resides.
(c) When a court transfers venue pursuant to paragraph (b) of this subsection (1.5), the court shall transmit all documents and reports, or certified copies thereof, to the receiving court, which court shall proceed with the case as if the petition had been originally filed in that court.
(2) Within five business days after a board of education's determination to uphold an expulsion or denial of admission, the board of education shall issue a written order providing notice of the decision. If a student or the student's parent, guardian, or legal custodian desires court review of an order of the board of education issued pursuant to this article 33, the student or the student's parent, guardian, or legal custodian must notify the board of education in writing within five business days after receiving official notice of the board of education's action. The board of education shall issue, or cause to be issued, to the student or the student's parent, guardian, or legal custodian a statement of the reasons for the board of education's action within five business days. Upon receiving the notice from the student or the student's parent, guardian, or legal custodian, the board of education shall provide a complete and accurate copy of the expulsion record to the student or the student's parent, guardian, or legal custodian within five business days. Within ten business days after receiving the board of education's expulsion record, the student or the student's parent, guardian, or legal custodian may file with the court a petition requesting that the order of the board of education be set aside, to which must be appended the statement of the board of education. No docket or other fees are collected by the court in connection with this proceeding.
(3) After the petition is filed, the court shall notify the board of education and shall hold a hearing on the matter within twenty-one calendar days. The court shall conduct judicial review of a hearing decision pursuant to rule 106 (a)(4) of the Colorado rules of civil procedure and rule 3.8 of the Colorado rules of juvenile procedure.
(4) It is the duty of the attorney for the school district, an employee authorized by the local board of education pursuant to section 13-1-127 (7), C.R.S., to represent the school district in truancy proceedings, the attendance officer designated by the local board of education, or the local board of education to initiate, when appropriate, proceedings for the enforcement of the compulsory attendance provisions of this article upon request by the attendance officer of the district or of the state.
(5) (a) It is the intent of the general assembly that, in enforcing the compulsory school attendance requirements of this article, a school district shall employ best practices and research-based strategies to minimize the need for court action and the risk that a court will issue detention orders against a child or parent.
e upon request by the attendance officer of the district or of the state.
(5) (a) It is the intent of the general assembly that, in enforcing the compulsory school attendance requirements of this article, a school district shall employ best practices and research-based strategies to minimize the need for court action and the risk that a court will issue detention orders against a child or parent.
(b) A school district shall initiate court proceedings to compel a child and the child's parent to comply with the attendance requirements specified in this article but only as a last-resort approach to address the child's truancy and only if a child continues to be habitually truant after school or school district personnel have created and implemented a plan pursuant to section 22-33-107 (3) to improve the child's school attendance.
(c) Before initiating court proceedings to compel compliance with the attendance requirements specified in this article, the school district shall give the child and the child's parent written notice that the school district will initiate proceedings if the child does not comply with the attendance requirements of this article. The school district may combine the notice and summons. If combined, the petition must state the date on which the school district will initiate proceedings, which date must not be less than five days after the date of the notice and summons. The notice must state the provisions of this article with which compliance is required and must state that the school district will not initiate proceedings if the child complies with the identified provisions before the proceedings are filed.
(d) If a school district initiates court proceedings pursuant to this subsection (5), the school district, at a minimum, must submit to the court evidence of:
(I) The child's attendance record prior to and after the point at which the child was identified as habitually truant;
(II) Whether the child was identified as chronically absent and, if so, the strategies the school district used to improve the child's attendance;
(III) The interventions and strategies used to improve the child's attendance before school or school district personnel created the child's plan described in section 22-33-107 (3); and
(IV) The child's plan and the efforts of the child, the child's parent, and school or school district personnel to implement the plan.
(6) The court before which a proceeding to compel attendance is brought may issue, in its discretion, an order against the child or the child's parent or both compelling the child to attend school as provided by this article or compelling the parent to take reasonable steps to assure the child's attendance. The order must require the child and parent to cooperate with the school district in complying with the plan created for the child pursuant to section 22-33-107 (3).
y issue, in its discretion, an order against the child or the child's parent or both compelling the child to attend school as provided by this article or compelling the parent to take reasonable steps to assure the child's attendance. The order must require the child and parent to cooperate with the school district in complying with the plan created for the child pursuant to section 22-33-107 (3).
(7) (a) If the child or youth does not comply with the valid court order issued against the child or youth or against both the parent and the child or youth, the court may order that an assessment for neglect as described in section 19-3-102 (1) be conducted as provided in section 19-3-501. In addition, the court may order the child or youth to show cause why he or she should not be held in contempt of court. When instituting contempt of court proceedings pursuant to this subsection (7), the court shall provide all procedural protections mandated in rule 107 of the Colorado rules of civil procedure, or any successor rule, concerning punitive sanctions for contempt.
(a.5) A judge or magistrate of any court may issue a warrant that authorizes the taking into temporary custody of a child or youth who has failed to appear for a court hearing for a truancy or contempt action; except that any such warrant must provide for release of the child or youth from temporary custody on an unsecured personal recognizance bond that is cosigned by the child's or youth's parent or legal guardian or, if the child or youth is in the custody of the department of human services, cosigning may be accomplished by a representative of the department of human services. In the alternative, the warrant may direct that the child or youth must only be arrested while court is in session and that he or she be taken directly to court for an appearance rather than booked into secure confinement.
(b) The court may impose sanctions after a finding of contempt that may include, but need not be limited to, community service to be performed by the child or youth, supervised activities, participation in services for at-risk students, as described by section 22-33-204, and other activities having the goal of ensuring that the child or youth has an opportunity to obtain a quality education.
(c) (I) If the court finds that the child or youth has refused to comply with the plan created for the child or youth pursuant to section 22-33-107 (3), the court may impose on the child or youth, as a sanction for contempt of court, a sentence of detention for no more than forty-eight hours in a juvenile detention facility operated by or under contract with the department of human services pursuant to section 19-2.5-1511 and any rules promulgated by the Colorado supreme court. The court shall not sentence a child or youth to detention as a sanction for contempt of court unless the court finds that detention is in the best interest of the child or youth as well as the public. In making such a finding, the court shall consider the following factors, including that:
(A) The child or youth has violated a valid court order;
(B) National and Colorado-specific evidence shows that detaining children and youth for truancy alone is counterproductive and harmful to children and youth;
(C) The legislative intent is that a child or youth who is truant must not be placed in secure confinement for truancy alone;
(D) Detention is likely to have a detrimental effect on the child's or youth's school attendance; and
(E) Detention is likely to have an effect on the child's or youth's future involvement with the criminal justice system.
(II) There is a rebuttable presumption that a child or youth must receive credit for time served if he or she is sentenced to detention pursuant to subsection (7)(c)(I) of this section for violating a valid court order to attend school. If the court rebuts this presumption, it shall explain its reasoning on the record.
on the child's or youth's future involvement with the criminal justice system.
(II) There is a rebuttable presumption that a child or youth must receive credit for time served if he or she is sentenced to detention pursuant to subsection (7)(c)(I) of this section for violating a valid court order to attend school. If the court rebuts this presumption, it shall explain its reasoning on the record.
(8) If the parent refuses or neglects to obey the order issued against the parent or against both the parent and the child, the court may order the parent to show cause why he or she should not be held in contempt of court, and, if the parent fails to show cause, the court may impose a fine of up to but not more than twenty-five dollars per day or confine the parent in the county jail until the order is complied with.
C.R.S. § 22-33-109 Regulations
22-33-109. Regulations. The state board may prescribe necessary rules and regulations for the administration of this article.
C.R.S. § 22-33-110 Jurisdiction - board of education
22-33-110. Jurisdiction - board of education. Nothing in this article, except for the provisions of section 22-33-104 (2)(b) and the attendance records required under section 22-1-114, shall be construed to give the state board of education or any board of education jurisdiction over the internal affairs of any nonstate independent or parochial school in this state.
C.R.S. § 22-33-111 School discipline study - legislative declaration - task force appointed - report - repeal
22-33-111. School discipline study - legislative declaration - task force appointed - report - repeal. (Repealed)
C.R.S. § 22-33-112 Addressing disproportionate discipline - task force - report - legislative declaration - definitions - repeal
22-33-112. Addressing disproportionate discipline - task force - report - legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that:
(I) Students who are suspended and expelled are more likely to be without supervision during the suspension or expulsion period, causing students to fall behind in course work;
(II) Suspended and expelled students are fifty-one percent more likely to be arrested two or more times than their peers who are not suspended or expelled from school;
(III) For the 2018-19 school year in Colorado, Black students were 3.2 times more likely to be suspended than White students, and Hispanic students were 1.7 times more likely to be suspended than White students; and
(IV) Longitudinal research shows that twelve years after a suspension, suspended youth are less likely than nonsuspended youth to have earned a high school diploma or a bachelor's degree. Suspended youth are more likely to have been arrested and on probation, which suggests that suspension, rather than selection bias, explains negative outcomes.
(b) The general assembly finds, therefore, that discrimination plays a significant role in perpetuating school safety policies that push students into the criminal justice system. Research demonstrates that Black and Hispanic students are often punished more harshly for the same infractions than White students, which reinforces the role of racial bias in the school discipline system. It is critical to understand disproportionate discipline policies and take steps to address and prevent the progression from school to the criminal justice system from occurring.
(2) As used in this section, unless the context otherwise requires:
(a) "Board of cooperative services" or "BOCES" means a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
(b) "Council" means the Colorado youth advisory council created in section 2-2-1302.
(c) "Department" means the department of education created in section 24-1-115.
(d) "Governing board of a district charter school" means the governing board of a district charter school that receives delegation power to oversee school discipline for a district charter school pursuant to the terms of the district charter school contract that would have been filled by the authorizing school district.
(e) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a BOCES that operates a school.
(f) "Local school board" means a school district board of education, a governing board of a district charter school, an institute charter school board for a charter school authorized by the state charter school institute, or the governing board of a BOCES.
(g) "Review committee" means the Colorado youth advisory council review committee created in section 2-2-1305.5.
(h) "Rural school district" means a school district in Colorado that the department determines is rural based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and the total student enrollment of the school district is six thousand five hundred or fewer students.
(i) "Task force" means the school discipline task force created in subsection (3) of this section.
(3) There is created in the department the school discipline task force to study and make recommendations regarding school district discipline policies and practices, state and local discipline reporting requirements, and local engagement.
(4) The task force members must be appointed on or before September 30, 2023. The task force consists of eighteen members as follows:
ion (3) of this section.
(3) There is created in the department the school discipline task force to study and make recommendations regarding school district discipline policies and practices, state and local discipline reporting requirements, and local engagement.
(4) The task force members must be appointed on or before September 30, 2023. The task force consists of eighteen members as follows:
(a) The legislative member who is the chairperson of the review committee, or the legislative member's designee;
(b) The executive director of the department of early childhood or the executive director's designee;
(c) The commissioner of education, or the commissioner's designee, shall appoint the following members:
(I) One representative of a statewide organization for school district administrators;
(II) One representative of a statewide organization for school district boards of education;
(III) One representative of a statewide organization for rural school districts;
(IV) One representative of a statewide organization representing charter schools;
(V) One representative of a statewide association for teachers;
(VI) One representative of a statewide organization representing special education directors;
(VII) One representative of a statewide disability advocacy organization;
(VIII) One representative of a statewide mental health advocacy organization;
(IX) One representative of a statewide organization representing students who have experienced suspension, expulsion, or other school discipline issues;
(X) One representative of a statewide organization specializing in equity and inclusion;
(XI) One representative of a statewide organization that represents the interests of students and families;
(XII) One representative of a statewide organization that represents victims of violent crimes or sexual assault; and
(XIII) Three former students who attended Colorado public schools and who have lived experience with the school discipline system.
(5) (a) On or before October 15, 2023, the commissioner, or the commissioner's designee, shall call the first meeting of the task force. During the first meeting, the task force shall elect a member to serve as the chair of the task force, establish procedures to allow members of the task force to participate in the meetings remotely, develop best practices for the administration of the task force meetings, and create a plan for the engagement of stakeholders and experts to support and inform the task force's work.
(b) The task force shall meet at least six times between October 15, 2023, and the first review committee meeting in 2024.
(c) Except as otherwise provided in section 2-2-326, the task force members shall serve without compensation but must receive reimbursement for reasonable expenses incurred to participate in task force meetings.
(d) If a vacancy occurs on the task force for any reason, the original appointing authority shall appoint a person who meets the requirements of the vacant position to fill the vacancy as soon as possible after the vacancy occurs.
2-2-326, the task force members shall serve without compensation but must receive reimbursement for reasonable expenses incurred to participate in task force meetings.
(d) If a vacancy occurs on the task force for any reason, the original appointing authority shall appoint a person who meets the requirements of the vacant position to fill the vacancy as soon as possible after the vacancy occurs.
(e) The department shall provide to the task force staff assistance, meeting space, or audio-visual communication technology resources, as necessary, for the task force to meet the duties described in subsection (6)(a) of this section. The department may contract with a third party, in accordance with the "Procurement Code", articles 101 to 112 of title 24, to provide staff assistance, as needed.
(6) (a) In completing the study required in this section, the task force shall:
(I) Define disproportionate discipline with considerations for size, location, and demographics of a local education provider;
(II) Review the department's plan and progress in standardizing discipline data, as required pursuant to section 22-1-138, which may include consideration of discipline reporting categories and recommendations for discipline reporting categories;
(III) Review the department's plan for creating district profile reports, as required pursuant to section 22-1-139;
(IV) Determine whether the department's plan and progress in standardizing discipline data, as required pursuant to section 22-1-138, should include reports of alternative disciplinary measures taken prior to a student's suspension or expulsion and whether legislative or administrative changes are necessary;
(V) Recommend processes and provide resources for public engagement in a local school board's discussions of discipline data and development of improvement plans to address evidence of disproportionality in disciplinary practices;
(VI) Review existing public engagement processes implemented within the framework of school accountability plans pursuant to article 11 of this title 22 and the safe school reporting requirements pursuant to section 22-32-109.1 (2) and determine whether to establish a new public engagement process for discipline data review and response;
(VII) Review best practices identified by the department pursuant to section 22-14-103 (3) concerning dropout prevention and student re-engagement, including disciplinary actions, and recommend specific materials to be added to the best practices materials on the department's website;
(VIII) Identify alternative approaches to discipline, including but not limited to positive behavioral intervention and supports, bullying intervention and prevention, and behavior intervention plans, and address concerns around workforce and other resource shortages in school districts in relation to school discipline practices and reporting, with a focus on addressing concerns regarding school district size, location, and demographics; and
(IX) Recommend legislation, changes to the implementation of existing law, or other administrative changes, as necessary, and analyze the costs and time frames required to implement the recommended changes.
(b) The task force shall consult with additional stakeholders and experts as needed to inform discussions and to address questions necessary to finalize its findings and recommendations.
(7) (a) On or before August 1, 2024, the task force shall submit a final report, including its findings and recommendations on issues identified in subsection (6) of this section, to the review committee; the education committees of the house of representatives and the senate, or their successor committees; the governor; the state board; and the department.
alize its findings and recommendations.
(7) (a) On or before August 1, 2024, the task force shall submit a final report, including its findings and recommendations on issues identified in subsection (6) of this section, to the review committee; the education committees of the house of representatives and the senate, or their successor committees; the governor; the state board; and the department.
(b) The task force shall present its findings and recommendations to the review committee during the first meeting of the review committee in 2024.
(8) Any money appropriated to the department for purposes of this section is available through December 31, 2024.
(9) This section is repealed, effective July 1, 2025.
C.R.S. § 22-33-201 Legislative declaration
22-33-201. Legislative declaration. The general assembly hereby finds that except when a student's behavior would cause imminent harm to others in the school or when an incident requires automatic expulsion as defined by state law or a school's conduct and discipline code, expulsion should be the last step taken after several attempts to deal with a student who has discipline problems. The general assembly further finds that school districts should work with the student's parent or guardian and with state agencies and community-based nonprofit organizations to develop alternatives to help students who are at risk of expulsion before expulsion becomes a necessary step and to support students who are unable to avoid expulsion.
C.R.S. § 22-33-201.5 Definitions
22-33-201.5. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Behavioral management plan" means an action plan to address behavioral, attendance, and truancy issues, including appropriate services and supports that are developed in coordination with students, parents, and school personnel.
(2) "Chronic absenteeism" means a student is absent for any reason, excused or unexcused, ten percent or more of the days for which the student is enrolled in a public school during the school year.
(3) "Educational services" means any of the following types of services to provide instruction to meet state academic standards, reduce course failure, and increase postsecondary and workforce readiness:
(a) Tutoring services, course remediation, credit recovery, and supplemental education services;
(b) Alternative educational programs; and
(c) Career and technical education programs, work-based learning opportunities, and concurrent enrollment.
(4) "Facility school" means an approved facility school as defined in section 22-2-402 (1).
C.R.S. § 22-33-202 Identification of at-risk students - attendance issues - disproportionate discipline practices
22-33-202. Identification of at-risk students - attendance issues - disproportionate discipline practices. (1) Each school district shall adopt policies to identify students in pre-kindergarten through twelfth grade who are at risk of dropping out of school due to chronic absenteeism and disciplinary actions, including classroom removal, suspension, and expulsion. The school district shall provide students in pre-kindergarten through twelfth grade who are identified as at risk of dropping out of school due to chronic absenteeism or disciplinary actions with a plan to provide the necessary support services to help them remain in school. The school district shall work with the student's parent or guardian in providing the services and may provide the services through agreements with appropriate local governmental agencies, appropriate state agencies, community-based organizations, and institutions of higher education entered into pursuant to section 22-33-204.
(2) In providing necessary support services pursuant to subsection (1) of this section, each school district may provide attendance supports, behavior intervention, and educational services to students in pre-kindergarten through twelfth grade who are identified as at risk of dropping out of school due to chronic absenteeism or disciplinary actions, including classroom removal, suspension, and expulsion. Any school district that provides attendance supports, behavior intervention, or educational services to students in pre-kindergarten through twelfth grade who are at risk of dropping out of school due to chronic absenteeism or disciplinary actions may apply for money through the expelled and at-risk student services grant program established in section 22-33-205 to assist in providing such attendance supports, behavior intervention, and educational services.
C.R.S. § 22-33-203 Educational alternatives for expelled students
22-33-203. Educational alternatives for expelled students. (1) Upon expelling a student, the school district shall provide information to the student's parent or guardian concerning the educational alternatives available to the student during the period of expulsion. If the parent or guardian chooses to provide a home-based educational program for the student, the school district shall assist the parent in obtaining appropriate curricula for the student if requested by the parent or guardian.
(2) (a) Except as otherwise provided in subsection (2)(b) of this section, upon request of a student or the student's parent or guardian, the school district shall provide, for any student who is expelled from the school district, any educational services that are deemed appropriate for the student by the school district. The educational services provided must be designed to enable the student to return to the school in which he or she was enrolled prior to expulsion, to successfully complete the high school equivalency examination, or to enroll in a nonpublic school or in an alternative school, including but not limited to a charter school. The expelling school district shall determine the amount of credit the student must receive toward graduation for the educational services provided pursuant to this section.
(b) The educational services provided pursuant to this section are designed to provide a second chance for the student to succeed in achieving an education. While receiving educational services, a student may be suspended or expelled pursuant to the conduct and discipline code of the school district providing the educational services and the provisions of part 1 of this article 33. Except as required by federal law, the expelling school district is not required to provide educational services to any student who is suspended or expelled while receiving educational services pursuant to this section until the period of the suspension or expulsion is completed.
(c) (I) Educational services provided pursuant to this section shall be provided by the expelling school district; except that the expelling school district may provide educational services either directly or pursuant to an agreement with one or more other school districts, boards of cooperative services, charter schools, or nonpublic schools. Any program of educational services provided by a nonpublic school is subject to approval by the state board of education pursuant to section 22-2-107.
(II) Educational services may be provided by the school district through agreements entered into pursuant to section 22-33-204. The expelling school district need not provide the educational services on school district property. Any expelled student receiving educational services shall be included in the expelling school district's pupil enrollment as defined in section 22-54-103 (10).
(d) If an expelled student is receiving educational services delivered by a school district other than the expelling school district, by a charter school in a school district other than the expelling school district, by a board of cooperative services, or by a nonpublic school, pursuant to an agreement entered into pursuant to subsection (2)(c)(I) of this section, the expelling school district shall transfer ninety-five percent of the district per-pupil revenues, as defined in section 22-30.5-112 (2)(a.5)(II) to the school district, charter school, nonpublic school, or board of cooperative services that is providing educational services, reduced in proportion to the amount of time remaining in the school year at the time the student begins receiving educational services.
school district shall transfer ninety-five percent of the district per-pupil revenues, as defined in section 22-30.5-112 (2)(a.5)(II) to the school district, charter school, nonpublic school, or board of cooperative services that is providing educational services, reduced in proportion to the amount of time remaining in the school year at the time the student begins receiving educational services.
(e) Any school district, charter school, nonpublic school, or board of cooperative services that is providing educational services to expelled students pursuant to this subsection (2) may apply for money through the expelled student services grant program established in section 22-33-205 to assist in providing educational services.
(3) If a student is expelled and the student is not receiving educational services pursuant to this section, the school district shall contact the expelled student's parent or guardian at least once every sixty days until the beginning of the next school year to determine whether the student is receiving educational services from some other source; except that the school district need not contact a student's parent or guardian after the student is enrolled in another school district or in an independent or parochial school or if the student is committed to the department of human services or is sentenced pursuant to article 2.5 of title 19.
(4) In addition to the educational services required under this section, a student who is at risk of dropping out of school due to chronic absenteeism or disciplinary actions or has been suspended or expelled, or the student's parent or guardian, may request any of the services provided by the school district through an agreement entered into pursuant to section 22-33-204, and the school district may provide such services.
C.R.S. § 22-33-204 Services for at-risk students - agreements with state agencies and community organizations
22-33-204. Services for at-risk students - agreements with state agencies and community organizations. (1) Each school district, regardless of the number of students expelled by the district, may enter into agreements with appropriate local governmental agencies and, to the extent necessary, with the managing state agencies, including the department of human services and the department of public health and environment; with community-based nonprofit and faith-based organizations; with nonpublic schools; with the department of military and veterans affairs and with public and private institutions of higher education to work with the student's parent or guardian to provide services to any student in pre-kindergarten through twelfth grade, or the student's family, who is identified as being at risk of dropping out of school due to chronic absenteeism or disciplinary actions. Any services provided pursuant to an agreement with a nonpublic school are subject to approval by the state board of education pursuant to section 22-2-107. Services provided through such agreements may include, but are not limited to:
(a) Attendance supports, behavior interventions, and educational services required to be provided pursuant to section 22-33-203 (2) and any educational services provided to students who are identified as at risk of dropping out of school due to chronic absenteeism or disciplinary actions pursuant to section 22-33-202;
(b) Counseling services;
(c) Substance use disorder treatment programs;
(d) Family preservation services;
(e) Restorative justice practices, as defined in section 22-32-144; and
(f) Alternatives to suspension systems and supports.
(1.5) Each school district, regardless of the number of students expelled by the district, may enter into agreements with appropriate local government agencies and, to the extent necessary, with the managing state agencies as described in subsection (1) of this section to provide services and technical assistance to employees to support students who are identified as at risk of dropping out of school due to chronic absenteeism or disciplinary actions. Services and technical assistance provided through such agreements may include, but are not limited to:
(a) Attendance, discipline, and grading policies and practice review;
(b) Training in behavior interventions and classroom management; and
(c) Equity, diversity, and inclusion training, including anti-bias training.
(2) At a minimum, each agreement entered into pursuant to this section shall specify the services to be provided under the agreement, the entity that will coordinate and oversee provision of the services, and the responsibilities of each entity entering into the agreement. In addition, each agreement shall require each entity entering into the agreement to contribute the services or funds for the provision of the services specified in the agreement. The agreement shall specify the services or the amount and source of funds that each entity will provide and the mechanism for providing said services or funds.
(3) Each school district shall use a portion of its per-pupil revenues to provide services under agreements entered into pursuant to this section for students in pre-kindergarten through twelfth grade at risk of dropping out of school due to chronic absenteeism or disciplinary action to implement the supports and services described in subsection (1) of this section. In addition, the school district may use federal money, money received from any other state appropriation, and money received from any other public or private grant to provide said services.
C.R.S. § 22-33-204.5 Legislative declaration
22-33-204.5. Legislative declaration. The general assembly finds that a student who is placed in a residential child care facility or other facility licensed by the department of human services or in a hospital or who is receiving educational services through a day treatment center is, in most cases, dealing with significant behavioral and emotional issues. These issues make it difficult, if not impossible, for the student to function within a regular school and often severely impact the student's ability to participate in a facility school. The general assembly further finds that, although a student who is placed in a facility cannot be expelled due to the nature of the placement, the student is at risk of being unable to prosper academically and should be considered an at-risk student for purposes of section 22-33-205.
C.R.S. § 22-33-205 Services for expelled and at-risk students - grants - criteria - rules
22-33-205. Services for expelled and at-risk students - grants - criteria - rules. (1) (a) There is established in the department of education the expelled and at-risk student services grant program, referred to in this section as the "program". The program provides grants to school districts, to charter schools, to alternative schools within school districts, to nonpublic schools, to boards of cooperative services, and to facility schools to assist them in providing educational services, and other services provided pursuant to section 22-33-204; to expelled students pursuant to section 22-33-203 (2); to students who are identified as at risk of dropping out of school due to chronic absenteeism or disciplinary action as identified pursuant to section 22-33-202 (1); and to truant students pursuant to sections 22-33-107 (3) and 22-33-108 (5). Nonpublic schools may apply for a grant pursuant to this section only to fund educational services that have been approved by the state board pursuant to section 22-2-107.
(b) (Deleted by amendment, L. 2021.)
(c) Grants awarded pursuant to this section shall be paid out of money appropriated to the department of education for implementation of the program.
(2) The state board shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, for the implementation of the program, including, but not limited to, rules regarding:
(a) The application timeline and procedures by which a school district, a charter school, an alternative school within a school district, a nonpublic school, a board of cooperative services, or a facility school may annually apply for a grant under the program;
(b) The grant application requirements, which at a minimum must include:
(I) A plan to provide educational services, attendance supports, and behavior interventions. The plan must address:
(A) Disproportionate discipline practices, chronic absenteeism, and alternatives to suspension and expulsion; and
(B) Effective attendance and discipline systems, which may include multi-tiered systems of support, positive behavior intervention models, and restorative justice practices as described in section 22-32-144;
(II) A description of the supports and services to be provided, including the number of students served and how the effectiveness of the supports and services will be determined and measured; and
(III) The training and technical assistance provided to ensure the effective implementation of supports, services, and programming, which may include equity, diversity, and inclusion training;
(c) The criteria to determine which of the applicants receive grants and the amount of each grant. In awarding grants, the state board shall consider the following criteria:
(I) The quality of student supports and services provided under the plan and the likelihood that the plan will achieve its intended results, including:
(A) Increasing academic success;
(B) Reducing chronic absenteeism;
(C) Decreasing conduct and discipline code violations;
(D) Increasing age-appropriate and developmentally appropriate discipline methods; and
(E) Increasing student and family engagement;
(II) (Deleted by amendment, L. 98, p. 570, § 4, effective April 30, 1998.)
(III) The number of expelled, at-risk, or chronically absent students who are receiving attendance and behavior interventions and educational services through the applicant under agreements entered into pursuant to the provisions of this part 2 during the school year preceding the year for which the grant is requested;
(IV) (Deleted by amendment, L. 2021.)
(V) The cost-effectiveness of the plan, including the amount of funding requested by the applicant in relation to the cost of the supports and services to be provided under the plan;
ervices through the applicant under agreements entered into pursuant to the provisions of this part 2 during the school year preceding the year for which the grant is requested;
(IV) (Deleted by amendment, L. 2021.)
(V) The cost-effectiveness of the plan, including the amount of funding requested by the applicant in relation to the cost of the supports and services to be provided under the plan;
(VI) The cost-effectiveness and quality of the services described in section 22-33-204 (1.5) to be provided by the applicant under the plan to employees who support students at risk of dropping out of school due to chronic absenteeism or disciplinary action;
(VII) If the applicant is seeking to renew a grant or has been awarded a grant pursuant to this section in the previous five years, the demonstrated effectiveness of services funded by the previous grant; and
(VIII) The need for services in rural, suburban, and urban communities.
(3) The state board shall award at least one-half of any increase in the appropriation for the program for the 2009-10 fiscal year to applicants that provide services and supports that are designed to reduce the number of truancy cases requiring court involvement and that also reflect the best interests of students and families. The services and supports shall include, but need not be limited to, alternatives to guardian ad litem representation in truancy proceedings.
(4) The department of education is authorized to retain up to one percent of any money appropriated for the program for the purpose of annually evaluating the program. The department of education is authorized and encouraged to retain up to an additional two percent of any money appropriated for the program for the purpose of partnering with organizations or agencies that provide services and supports that are designed to reduce the number of truancy cases requiring court involvement and that also reflect the best interests of students and families. Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2006, and on or before January 1 each year thereafter, the department of education shall report to the education committees of the house of representatives and the senate, or any successor committees, the evaluation findings on the outcomes and the effectiveness of the program related to school attendance, attachment, and achievement. At a minimum, the report must include:
(a) Specific information on the efficacy of services and supports to reduce truancy court referrals and provide alternatives to truancy court involvement;
(b) The effectiveness of program-related attendance, supportive school discipline, and student achievement, which include:
(I) Academic measures, such as reduction in course failure, increase in grade point average, and accrual for credits at the high school level;
(II) Attendance measures, such as increased attendance rates and reductions in chronic absenteeism;
(III) Behavior and discipline measures, such as a decline in classroom removal, suspensions, and expulsion; a decrease in exclusionary discipline actions; and a reduction in referrals to law enforcement, arrests, and ticketing;
(IV) Student engagement measures, such as student and parent engagement with the services provided in the plan, participation in programs and activities, and the number of students and families served by grant-funded services;
(V) Efficacy of services and supports that address disproportionate discipline rates and the creation of age-appropriate and developmentally appropriate discipline systems; and
(VI) Effectiveness of training and technical assistance provided by the grant funds.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-22.docxFetched: 10/6/2026