File: JKD/JKE-E - Grounds for Suspension/Expulsion

NOTE: This exhibit does not need to be filed in the Board's policy manual. It is provided as informational only and if applicable, may be kept by the district in another location.

Beginning July 1, 2020, State law limits the grounds for which the district may impose an out-of-school suspension or expulsion for a student enrolled in preschool, kindergarten, first grade, or second grade. C.R.S. 22-33-106.1.

According to Colorado Revised Statutes 22-33-106 (1)(a-g), 22-33-106.1, and 22-12-105 (3), the following may be grounds for suspension or expulsion from a public school:

1. Continued willful disobedience or open and persistent defiance of proper authority.

2. Willful destruction or defacing of school property.

3. Behavior on or off school property which is detrimental to the welfare, health, or safety of other pupils or of school personnel including behavior which creates a threat of physical harm to the child or other children.

4. Declaration as a habitually disruptive student.

a. For purposes of this paragraph, "habitually disruptive student" means a child who has caused a material and substantial disruption three times or more during the course of the school year on school grounds, in a school vehicle or at a school activity or sanctioned event. Any student who is enrolled in a public school may be subject to being declared a habitually disruptive student.

b. The student and the parent, legal guardian, or legal custodian shall have been notified in writing of each disruption counted toward declaring the student as habitually disruptive and the student and parent, legal guardian, or legal custodian shall have been notified in writing and by telephone or other means at the home or the place of employment of the parent or legal guardian of the definition of "habitually disruptive student."

5. The use, possession or sale of a drug or controlled substance.

6. The commission of an act which if committed by an adult would be robbery pursuant to Part 3, Article 4, Title 18, C.R.S. or assault pursuant to Part 2, Article 3, Title 18, C.R.S. other than the commission of an act that would be third degree assault under C.R.S. 18-3-204 if committed by an adult.

7. Possessing a dangerous weapon without the authorization of the school or school district.

NOTE: In accordance with federal law, expulsion shall be mandatory and for no less than one full calendar year for a student who brings or possesses a firearm at school. The superintendent may modify the length of this federal requirement for expulsion on a case-by-case basis. Such modification shall be in writing.

For purposes of this paragraph, "dangerous weapon" means:

a. A firearm.

b. Any pellet gun, BB gun, or other device, whether operational or not, designed to propel projectiles by spring action or compressed air.

c. A fixed blade knife with a blade that exceeds three inches in length or a spring loaded knife or a pocket knife with a blade exceeding three and one-half inches in length.

d. Any object, device, instrument, material, or substance, whether animate or inanimate, that is used or intended to be used to inflict death or serious bodily injury.

8. Repeated interference with a school's ability to provide educational opportunities to other students.

9. Carrying, using, actively displaying, or threatening with the use of a firearm facsimile that could reasonably be mistaken for an actual firearm in a school building or in or on school property without the authorization of the school or school district.

10. Making a false accusation of criminal activity against a district employee to law enforcement or to the district.

According to C.R.S. 22-33-106 (2), subject to the district's responsibilities under the Exceptional Children's Education Act and applicable federal law (see policy JK*-2, Discipline of Students with Disabilities), the following may be grounds for expulsion from or denial of admission to a public school or diversion to an appropriate alternate program:

1. Physical or mental disability such that the child cannot reasonably benefit from the programs available.

2. Physical or mental disability or disease causing the attendance of the child suffering therefrom to be inimical to the welfare of other students.

(Issue date)

[Revised January 2020]