C.R.S. Section 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.

Source: Section 22-33-106.3 — Disciplinary investigations - parental presence - student statements - definition, 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

§ 22-33-106.3’s source at colorado​.gov