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 1 - SCHOOL ATTENDANCE LAW OF 1963 (§§ 22-33-101 — 22-33-112) › 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.
Amended by 2022 Ch. 123, § 58, eff. 7/1/2022.
Added by 2019 Ch. 160, § 2, eff. 7/1/2020.
L. 2019: Entire section added, (HB 19-1194), ch. 1886, p. 1886, § 2, effective 7/1/2020.
For the legislative declaration in HB 19-1194, see section 1 of chapter 160, Session Laws of Colorado 2019.