2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › SCHOOL DISTRICTS (§§ 22-30-101 — 22-38-115) › Article 33 - School Attendance Law of 1963 (§§ 22-33-101 — 22-33-205) › Part 2 - EXPULSION PREVENTION PROGRAMS (§§ 22-33-201 — 22-33-205) › Section 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;
(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.
Amended by 2021 Ch. 222, § 21, eff. 6/11/2021.
Amended by 2017 Ch. 242, § 15, eff. 8/9/2017.
L. 97: Entire section added, p. 590, § 25, effective April 30. L. 98: Entire section amended, p. 570, § 4, effective April 30; (1) amended, p. 976, § 24, effective May 27. L. 2000: Entire part amended, p. 1969, § 11, effective June 2. L. 2002: (1)(b) amended, p. 356, § 8, effective July 1. L. 2005: (4) added, p. 997, § 1, effective June 2. L. 2008: (1)(a), (1)(b), (2)(a), and IP(2)(b) amended, p. 1399, § 40, effective May 27; (1)(a) and (2)(b)(III) amended, p. 518, § 4, effective August 5. L. 2009: (3) and (4) amended, (SB 09-256), ch. 1558, p. 1558, § 18, effective May 21. L. 2017: (4) amended, (HB 17-1267), ch. 997, p. 997, § 15, effective August 9. L. 2021: Entire section amended, (SB 21-268), ch. 1180, p. 1180, § 21, effective June 11.
Amendments to subsection (1)(a) by House Bill 08-1204 and House Bill 08-1336 were harmonized.
For the legislative declaration contained in the 2002 act amending subsection (1)(b), see section 1 of chapter 121, Session Laws of Colorado 2002.