C.R.S. Section 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.

Source: Section 22-33-106.1 — Suspension - expulsion - preschool through second grade - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑33‑101
Short title 22‑33‑102
Definitions 22‑33‑103
Free education - tuition may be charged, when 22‑33‑103.5
Attendance of homeless children and youth - definitions 22‑33‑104
Compulsory school attendance 22‑33‑104.5
Home-based education - legislative declaration - definitions - guidelines 22‑33‑104.7
Eligibility for the general educational development tests 22‑33‑105
Suspension, expulsion, and denial of admission 22‑33‑106
Grounds for suspension, expulsion, and denial of admission 22‑33‑106.1
Suspension - expulsion - preschool through second grade - definitions 22‑33‑106.3
Disciplinary investigations - parental presence - student statements - definition 22‑33‑106.5
Information concerning offenses committed by students 22‑33‑107
Enforcement of compulsory school attendance - definitions 22‑33‑107.5
Notice of failure to attend 22‑33‑108
Judicial proceedings 22‑33‑109
Regulations 22‑33‑110
Jurisdiction - board of education 22‑33‑112
Addressing disproportionate discipline - task force - report - legislative declaration - definitions - repeal 22‑33‑201
Legislative declaration 22‑33‑201.5
Definitions 22‑33‑202
Identification of at-risk students - attendance issues - disproportionate discipline practices 22‑33‑203
Educational alternatives for expelled students 22‑33‑204
Services for at-risk students - agreements with state agencies and community organizations 22‑33‑204.5
Legislative declaration 22‑33‑205
Services for expelled and at-risk students - grants - criteria - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 22-33-106.1’s source at colorado​.gov