File: JKF* - Educational Alternatives for Expelled Students

NOTE: While Colorado school districts are not required by law to adopt a policy on this subject, some content in this sample reflects legal requirements school districts must follow. This sample contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

Upon request of a student or the student's parent/guardian, the district shall provide educational services deemed appropriate by the district for any student expelled from the district. The educational services will be designed to enable the student to return to the school in which the student was enrolled prior to expulsion, to successfully complete the high school equivalency examination, or to enroll in a non-public, non-parochial school or in an alternative school.

Educational services include tutoring, alternative educational programs, including online programs authorized by state law, or career and technical education programs that provide instruction in the academic areas of reading, writing, mathematics, science and social studies. In addition to educational services, the student or parent/guardian may request any of the services provided by the district through agreements with state agencies and community organizations for at-risk students.

The district shall determine the amount of credit the student shall receive toward graduation for the educational services provided.

Educational services provided by the district shall be 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 conduct and discipline code of the district. Except as required by federal law for special education students, any student who is suspended or expelled while receiving educational services pursuant to this policy shall not receive further services until the period of suspension or expulsion is completed.

The educational services may be provided directly by the district or through agreements with state agencies and community organizations entered into pursuant to state law. The services need not be provided on school district property.

Students who are expelled for conduct or behavior involving a threat of harm to district students or personnel shall be served through a home-study course or in an alternative school setting designed to address such conduct or behavior, at the discretion of the district.

The superintendent is directed to apply for moneys through the expelled and at-risk student services grant program established by Colorado law or any other grant programs to assist in providing such services.

All expelled students receiving services will be included in the district's pupil enrollment, including those expelled prior to the pupil enrollment count date.

NOTE 1: The expelling district may provide services in cooperation with one or more other school districts, BOCES, charter schools, non-public, non-parochial schools or pilot schools. If so, 95% of PPR, reduced in proportion to the amount of time remaining in the school year, will be transferred from the expelling district to the entity providing the educational services.

NOTE 2: The district has discretion regarding the amount of credit to be awarded for the educational services provided to expelled students. See C.R.S. 22-33-203 (2)(a). The objective should be to reintegrate the student back into the classroom after sufficient remediation opportunities are provided.

(Adoption date)

LEGAL REFS.: C.R.S. 22-33-201.5 (definition of educational services)

C.R.S. 22-33-203 (educational alternatives for expelled students)

C.R.S. 22-33-204 (services for at-risk students)

C.R.S. 22-33-205 (expelled students grant programs)

CROSS REFS.: JIC, Student Conduct, and subcodes

JK, Student Discipline, and subcodes

[Revised November 2014]