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Second Regular Session
Sixty-first General Assembly
LLS NO. 980201.01 JAP
SENATE BILL 98001
STATE OF COLORADO
BY SENATOR Wells;
also REPRESENTATIVE Adkins. REREVISED
A BILL FOR AN ACT
CONCERNING DISCIPLINE OF STUDENTS IN PUBLIC SCHOOLS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Clarifies that school districts are required to provide educational services to expelled students upon request of the student or the student's parent or guardian. Requires that any educational services provided to enable the student to return to school shall result in credits that apply toward graduation upon the student's return. Specifies that a student who is receiving educational services may be suspended or expelled in accordance with school district policy and state statute and that any student so suspended or expelled is not entitled to educational services during the period of suspension or expulsion.
Clarifies that an expelling school district need not provide educational services on school property. Specifies the types of educational services that a school district shall provide. Clarifies that a student who is at risk of suspension or expulsion or is suspended or expelled, or the student's parent or guardian, may also request other types of services that the school district may provide.
Expands the definition of "pupil enrollment" for school finance purposes to include students who are expelled prior to October 1, but are receiving educational services as of October 1.
Deletes the requirement that a student be expelled upon being declared an habitually disruptive student.
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 2 of article 33 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
2233201.5. Definitions. FOR PURPOSES OF THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "EDUCATIONAL SERVICES" MEANS ANY OF THE FOLLOWING TYPES OF SERVICES TO PROVIDE INSTRUCTION IN THE ACADEMIC AREAS OF READING, WRITING, MATHEMATICS, SCIENCE, AND SOCIAL STUDIES:
(a) TUTORING SERVICES;
(b) ALTERNATIVE EDUCATIONAL PROGRAMS;
(c) VOCATIONAL EDUCATION PROGRAMS.
SECTION 2. 2233203 (2) and (3), Colorado Revised Statutes, are amended, and the said 2233203 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
2233203. Educational alternatives
for expelled students. (2) (a) EXCEPT
AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (2),
upon request of a student or the student's parent or guardian,
the school district
working with the
student's parent or guardian, shall
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
shall be designed to enable the student to return to school or
to successfully complete the GED. whichever
is deemed appropriate by the expelling school district, the student's
parent or guardian, and the student.
THE EXPELLING SCHOOL DISTRICT SHALL DETERMINE THE AMOUNT OF
CREDIT THE STUDENT SHALL 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 DISCIPLINE CODE OF THE SCHOOL DISTRICT PROVIDING
THE EDUCATIONAL SERVICES AND THE PROVISIONS OF PART 1 OF THIS
ARTICLE. 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.
EDUCATIONAL services PROVIDED PURSUANT TO THIS SECTION shall be
provided by the expelling school district; except that, if the
expelling school district expelled fewer than fifty students in
the preceding school year, the expelling school district may provide
EDUCATIONAL services in cooperation with one or more other school
districts, boards of cooperative services, or pilot schools established
pursuant to article 38 of this title under contract with the expelling
EDUCATIONAL services may be provided by the school
district through agreements entered into pursuant to section 2233204.
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 2254103
(b) (d) If
an expelled student is receiving EDUCATIONAL services delivered
by a school district other than the expelling school district,
by a board of cooperative services, or by a pilot school pursuant
to an agreement entered into pursuant to paragraph
(a) SUBPARAGRAPH (I) OF
PARAGRAPH (c) of this subsection (2), the expelling school district
shall transfer eighty percent of the district per pupil operating
revenues to the school district, board of cooperative services,
or pilot school that is providing such
EDUCATIONAL services, reduced in
proportion to the amount of time remaining in the school year
at the time the student begins receiving such
(c) (e) Any
school district that is providing EDUCATIONAL services
within the school district to expelled students pursuant to paragraph
(a) of this subsection (2) may apply
for moneys through the expelled student services grant program
established in section 2233205 to assist in providing
(3) If a student is expelled for the remainder of the school year 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 of title 19, C.R.S.
(4) IN ADDITION TO THE EDUCATIONAL SERVICES REQUIRED UNDER THIS SECTION, A STUDENT WHO IS AT RISK OF SUSPENSION OR EXPULSION 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 2233204, AND THE SCHOOL DISTRICT MAY PROVIDE SUCH SERVICES.
SECTION 3. 2233204 (1), Colorado Revised Statutes, is amended to read:
2233204. Services for atrisk 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 but not limited to the department of human services and the department of public health and environment, with communitybased nonprofit organizations, WITH THE DEPARTMENT OF MILITARY 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 who is identified as being at risk of suspension or expulsion or who has been suspended or expelled and to the student's family. Services provided THROUGH SUCH AGREEMENTS may include, but are not limited to:
services EDUCATIONAL SERVICES
REQUIRED TO BE PROVIDED UNDER SECTION 2233203 (2);
(b) Counseling services;
(c) Drug or alcoholaddiction treatment programs;
(d) Family preservation services.
SECTION 4. 2233205, Colorado Revised Statutes, is amended to read:
2233205. Services for expelled
students grants criteria.
(1) There is hereby established in the department
of education the expelled student services grant program, referred
to in this section as the "program". The program shall
provide grants to school districts and to pilot schools established
pursuant to article 38 of this title to assist them in providing
EDUCATIONAL SERVICES to expelled students
services that will enable such students to either return to school
or to successfully complete the GED, whichever is deemed appropriate
by the expelling school district, the student's parent or guardian,
and the student PURSUANT TO SECTION
2233203 (2) AND TO STUDENTS AT RISK OF EXPULSION.
Any school district that provides such
EDUCATIONAL services within the
school district pursuant to section 2233203 (2) and
any pilot school that provides EDUCATIONAL services pursuant
to an agreement entered into pursuant to section 2233203
(2) is eligible to participate in the grant program. Grants awarded
pursuant to this section shall be paid for out of any general
fund moneys appropriated to the department of education for implementation
of the program.
(2) (a) The state board by rule shall establish application procedures by which a school district or a pilot school may annually apply for a grant under the program. At a minimum, the application shall include a plan for provision of EDUCATIONAL services, including the type of EDUCATIONAL services to be provided and the estimated cost of providing such EDUCATIONAL services.
(b) The state board shall determine which of the applying school districts and pilot schools shall receive grants and the amount of each grant. In awarding grants, the state board shall consider the following criteria:
of students expelled from COSTS INCURRED
BY the applying school district IN PROVIDING EDUCATIONAL SERVICES
TO EXPELLED STUDENTS during the school year preceding the school
year for which the grant is requested;
number of students enrolled in the school district who are anticipated
to be at risk of suspension or expulsion during the year for which
the grant is requested;
(III) The number of expelled students
receiving educational services through the applying pilot school
under agreements entered into pursuant to section 2233203
(2) during the school year preceding the year for which the grant
and the number of expelled
students anticipated to receive such services during the year
for which the grant is requested;
(IV) The quality of EDUCATIONAL services to be provided by the school district or pilot school under the plan;
(V) The costeffectiveness of the EDUCATIONAL services to be provided under the plan; and
(VI) The amount of funding received by the school district under article 54 of this title or by the pilot school in relation to the cost of the EDUCATIONAL services provided under the plan.
SECTION 5. 2254103 (10) (a) and (10) (f), Colorado Revised Statutes, are amended to read:
2254103. Definitions. As used in this article, unless the context otherwise requires:
(10) (a) "Pupil enrollment" means the number of pupils enrolled on October 1 within the applicable budget year or the school day nearest said date, as evidenced by the actual attendance of such pupils prior to said date PLUS THE NUMBER OF PUPILS EXPELLED PRIOR TO OCTOBER 1 WITHIN THE APPLICABLE BUDGET YEAR WHO ARE RECEIVING EDUCATIONAL SERVICES PURSUANT TO SECTION 2233203 AS OF OCTOBER 1 OF THE APPLICABLE BUDGET YEAR. The department of education is authorized to establish alternative dates for determining pupil enrollment in appropriate circumstances, including, but not limited to, when schools are on a yearround schedule pursuant to section 2232109 (1) (n) and pupils will be on authorized breaks on October 1 within the applicable budget year; except that such alternative dates shall be set not more than fortyfive calendar days after the first school day occurring after October 1.
(f) In certifying the district's pupil enrollment to the state board pursuant to the provisions of section 2254112, the district shall specify the number of pupils enrolled in kindergarten, the number of pupils enrolled in first grade through twelfth grade, THE NUMBER OF EXPELLED PUPILS RECEIVING EDUCATIONAL SERVICES PURSUANT TO SECTION 2233203, the number of pupils enrolled in the district's preschool program, the number of pupils receiving educational programs under the "Exceptional Children's Educational Act", and the number of atrisk pupils.
SECTION 6. 2232110 (2) (b) (V), Colorado Revised Statutes, is amended to read:
2232110. Board of education specific powers. (2) (b) The board of education of each school district shall adopt a written conduct and discipline code as required by section 2232109 (1) (w) which shall include, but need not be limited to:
(V) General policies and procedures for
the imposition of
DETERMINING THE CIRCUMSTANCES UNDER AND THE MANNER IN WHICH disciplinary
actions, including suspension and expulsion, which
comply SHALL BE IMPOSED IN ACCORDANCE
with the provisions of sections 2233105 and 2233106;
SECTION 7. 2233106 (1) (c.5)(IV), Colorado Revised Statutes, is amended to read:
2233106. Grounds for suspension, expulsion, and denial of admission. (1) The following shall be grounds for suspension or expulsion of a child from a public school during a school year:
(c.5) (IV) No child shall be declared
to be an habitually disruptive student prior to the development
of a remedial discipline plan for the child that shall address
the child's disruptive behavior, his or her educational needs,
and the goal of keeping the child in school. The remedial discipline
plan shall be developed after the
SECOND suspension for a material and substantial disruption. and
reviewed and modified after the second suspension.
The district shall encourage and solicit the full participation
of the child's parent, guardian, or legal custodian in the development
of the remedial discipline plan.
SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.