(1) Upon expelling a student, the school district shall provide information to the student's parent or guardian concerning the educational alternatives available to the student during the period of expulsion. If the parent or guardian chooses to provide a home-based educational program for the student, the school district shall assist the parent in obtaining appropriate curricula for the student if requested by the parent or guardian.
(2) (a) Except as otherwise provided in subsection (2)(b) of this section, upon request of a student or the student's parent or guardian, the school district shall provide, 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 must be designed to enable the student to return to the school in which he or she was enrolled prior to expulsion, to successfully complete the high school equivalency examination, or to enroll in a nonpublic school or in an alternative school, including but not limited to a charter school. The expelling school district shall determine the amount of credit the student must 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 conduct and discipline code of the school district providing the educational services and the provisions of part 1 of this article 33. 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.
(c) (I) Educational services provided pursuant to this section shall be provided by the expelling school district; except that the expelling school district may provide educational services either directly or pursuant to an agreement with one or more other school districts, boards of cooperative services, charter schools, or nonpublic schools. Any program of educational services provided by a nonpublic school is subject to approval by the state board of education pursuant to section 22-2-107.
(II) Educational services may be provided by the school district through agreements entered into pursuant to section 22-33-204. 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 22-54-103 (10).
(d) If an expelled student is receiving educational services delivered by a school district other than the expelling school district, by a charter school in a school district other than the expelling school district, by a board of cooperative services, or by a nonpublic school, pursuant to an agreement entered into pursuant to subsection (2)(c)(I) of this section, the expelling school district shall transfer ninety-five percent of the district per-pupil revenues, as defined in section 22-30.5-112 (2)(a.5)(II) to the school district, charter school, nonpublic school, or board of cooperative services that is providing educational services, reduced in proportion to the amount of time remaining in the school year at the time the student begins receiving educational services.
(e) Any school district, charter school, nonpublic school, or board of cooperative services that is providing educational services to expelled students pursuant to this subsection (2) may apply for money through the expelled student services grant program established in section 22-33-205 to assist in providing educational services.
(3) If a student is expelled 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 2.5 of title 19.
(4) In addition to the educational services required under this section, a student who is at risk of dropping out of school due to chronic absenteeism or disciplinary actions 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 22-33-204, and the school district may provide such services.
Source: L. 96: Entire part added, p. 433, � 4, effective April 22. L. 97: (2) amended, p. 589, � 24, effective April 30. L. 98: (2) and (3) amended and (4) added, p. 568, � 2, effective April 30. L. 2000: Entire part amended, p. 1967, � 11, effective June 2. L. 2012: (2)(b) and (3) amended, (HB 12-1345), ch. 188, p. 749, � 41, effective May 19. L. 2014: (2)(a) amended, (SB 14-058), ch. 102, p. 381, � 12, effective April 7. L. 2021: (2) and (4) amended, (SB 21-268), ch. 222, p. 1178, � 19, effective June 11; (3) amended, (SB 21-059), ch. 136, p. 741, � 102, effective October 1.
22-33-204. Services for at-risk 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 the department of human services and the department of public health and environment; with community-based nonprofit and faith-based organizations; with nonpublic schools; with the department of military and veterans 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 in pre-kindergarten through twelfth grade, or the student's family, who is identified as being at risk of dropping out of school due to chronic absenteeism or disciplinary actions. Any services provided pursuant to an agreement with a nonpublic school are subject to approval by the state board of education pursuant to section 22-2-107. Services provided through such agreements may include, but are not limited to:
(a) Attendance supports, behavior interventions, and educational services required to be provided pursuant to section 22-33-203 (2) and any educational services provided to students who are identified as at risk of dropping out of school due to chronic absenteeism or disciplinary actions pursuant to section 22-33-202;
(b) Counseling services;
(c) Substance use disorder treatment programs;
(d) Family preservation services;
(e) Restorative justice practices, as defined in section 22-32-144; and
(f) Alternatives to suspension systems and supports.
(1.5) Each school district, regardless of the number of students expelled by the district, may enter into agreements with appropriate local government agencies and, to the extent necessary, with the managing state agencies as described in subsection (1) of this section to provide services and technical assistance to employees to support students who are identified as at risk of dropping out of school due to chronic absenteeism or disciplinary actions. Services and technical assistance provided through such agreements may include, but are not limited to:
(a) Attendance, discipline, and grading policies and practice review;
(b) Training in behavior interventions and classroom management; and
(c) Equity, diversity, and inclusion training, including anti-bias training.
(2) At a minimum, each agreement entered into pursuant to this section shall specify the services to be provided under the agreement, the entity that will coordinate and oversee provision of the services, and the responsibilities of each entity entering into the agreement. In addition, each agreement shall require each entity entering into the agreement to contribute the services or funds for the provision of the services specified in the agreement. The agreement shall specify the services or the amount and source of funds that each entity will provide and the mechanism for providing said services or funds.
(3) Each school district shall use a portion of its per-pupil revenues to provide services under agreements entered into pursuant to this section for students in pre-kindergarten through twelfth grade at risk of dropping out of school due to chronic absenteeism or disciplinary action to implement the supports and services described in subsection (1) of this section. In addition, the school district may use federal money, money received from any other state appropriation, and money received from any other public or private grant to provide said services.
Source: L. 96: Entire part added, p. 433, � 4, effective April 22. L. 98: (1) amended, p. 570, � 3, effective April 30. L. 2000: Entire part amended, p. 1968, � 11, effective June 2. L. 2002: IP(1) amended, p. 355, � 7, effective July 1. L. 2010: (3) amended, (HB 10-1013), ch. 399, p. 1913, � 39, effective June 10. L. 2017: IP(1) and (1)(c) amended, (SB 17-242), ch. 263, p. 1319, � 172, effective May 25. L. 2021: (1) and (3) amended and (1.5) added, (SB 21-268), ch. 222, p. 1179, � 20, effective June 11.
Cross references: For the legislative declaration contained in the 2002 act amending the introductory portion to subsection (1), see section 1 of chapter 121, Session Laws of Colorado 2002. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.