JKD-1 – Suspension or Expulsion of Students (and Other Disciplinary Interventions)

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I. General Considerations The Board of Education ("Board") shall provide due process of law to students, parents and school personnel through written procedures consistent with law for the suspension or expulsion of students and the denial of admission. Proportionate disciplinary interventions and consequences shall be imposed to address the student's misconduct and maintain a safe and supportive learning environment for students and staff. The Board directs the Superintendent or the Superintendent's designee to periodically review current procedures and, if necessary, develop new procedures consistent with this policy. The District shall consider the following factors in determining whether to suspend or expel a student:
  1. The student's age;
  2. The student's disciplinary history;
  3. The student's eligibility as a student with a disability;
  4. The seriousness of the violation committed by the student;
  5. The threat posed to any student or staff; and
  6. The likelihood that a lesser intervention would properly address the violation
A student shall not be expelled or denied admission unless the District considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment. This policy shall be made available electronically to all students and their families through the District website. II. Expulsion/Suspension for Students in Preschool through Second Grade For students in preschool through second grade, the District shall document any alternative behavioral and disciplinary interventions that it employs before suspending or expelling the student. For a student in preschool, kindergarten, first grade, or second grade, out-of-school suspension or expulsion may only be imposed if:
  1. The student has engaged in conduct on school grounds, in a school vehicle, or at a school sponsored activity that:
    1. Involves the possession of a dangerous weapon without the authorization of the District; or
    2. Involves the use, possession, or sale of a drug or controlled substance, as defined in C.R.S. § 18-18-102(5); or
    3. Endangers the health or safety of others; and
  2. It is determined that failure to remove the student from the school building would create a safety threat that cannot otherwise be addressed; and
  3. Each of the factors set forth in C.R.S. § 22-33-106(1.2) and hereinabove in Section I are considered for each case before suspending or expelling the student.
III. Other Disciplinary Interventions for all Students
  1. In lieu of an out-of-school suspension or expulsion and in accordance with applicable law, the principal or the principal's designee may consider the use of available interventions to address a student's misconduct. The use of such interventions will vary, depending upon the facts and circumstances of an individual case. Such interventions shall be at the principal's or the principal's designee's sole discretion and include but are not limited to: detention, in-school suspension, counseling, restorative intervention or other approaches to address the student's misconduct that do not involve an out-of-school suspension or expulsion.
  2. As an alternative to suspension, the principal or the principal's designee may permit the student to remain in school with the consent of the student's teachers if the parent/guardian attends class with the student for a period of time specified by the principal or the principal's designee. If the parent/guardian does not agree or fails to attend class with the student, the student shall be suspended in accordance with the applicable regulations.
    1. This alternative to suspension shall not be used if expulsion proceedings have been or are about to be initiated or if the principal or the principal's designee determines that the student's presence in school, even if accompanied by a parent/guardian, would be disruptive to the operations of the school, be detrimental to the learning environment, or create a dangerous and unsafe environment for students and/or school personnel.
    IV. Delegation of Authority
    1. 1. For Students in preschool through second grade: The Board delegates to principals or principals' designees the power to suspend a student in preschool, kindergarten, first grade, or second grade for not more than three (3) school days on the grounds stated in C.R.S. § 22-33-106.1(2), unless the principal or the principal's designee determines that a longer period of suspension is necessary to resolve the safety threat or recommends that the student be expelled in accordance with C.R.S. § 22-33-105(2)(c).
    2. 2. For Students in third grade and higher grade levels: The Board delegates to principals or the principals' designees the power to suspend a student for not more than five (5) school days on the grounds stated in C.R.S. § 22‑33‑106(1)(a), (1)(b), (1)(c), or 1(e), or not more than ten (10) schools days on the grounds stated in C.R.S. § 22-33-106(1)(d), or to recommend that the student be expelled in accordance with C.R.S. § 22-33-105(2)(c).
    3. 3. The Board delegates to the Superintendent the authority to suspend a student, in accordance with C.R.S. § 22‑33‑105, and C.R.S. § 22-33-106.1(3), for an additional ten (10) school days, and when necessary to suspend for an additional ten (10) days in accordance with the provisions of C.R.S. § 22-33-105(b). The total period of suspension shall not exceed twenty-five (25) school days.
    4. 4. In resolving problems of discipline and behavior which are adverse to the welfare and safety of other students and the school environment, the District reserves the right to re-open the investigation of a suspension if newly acquired information or evidence is discovered, and take whatever action is appropriate. Any such re-opening is subject to procedural due process requirements.
    5. 5. The Board of Education delegates to the Superintendent, in accordance with C.R.S. § 22‑33‑105, the authority to deny admission to or expel for any period not extending beyond one (1) year any student whom the Superintendent, in accordance with the limitations imposed by C.R.S. § 22-33-101 - 22-33-110, and Board policy, determines does not qualify for admission to or continued attendance at the schools in the District.
    6. V. Expulsion for Unlawful Sexual Behavior or Crime of Violence
    When a petition is filed in juvenile court or district court that alleges a student between the ages of 12 to 18 years has committed an offense that would constitute unlawful sexual behavior as defined in C.R.S. § 18-3-411, or a crime of violence, as defined in C.R.S. § 18-1.3-406, if committed by an adult, basic identification information, as defined in state law, along with the details of the alleged delinquent act or offense, shall be provided immediately to the district in which the juvenile is enrolled. The information shall be used by the District to determine whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other students or school personnel and whether educating the student in the school may disrupt the learning environment in the school, provide a negative example for other students, or create a dangerous and unsafe environment for students, teachers, and other school personnel. Upon completion of the District's investigation, the District shall take whatever disciplinary action may be appropriate, which may include suspension or expulsion in accordance with the student code of conduct and related policies. The District may determine to wait until the conclusion of court proceedings to consider expulsion, in which case it shall be the responsibility of the District to provide an alternative education program for the student as specified in state law. VI. Reports The Board annually shall report to the State Board of Education the number of students expelled from District schools for disciplinary reasons. Expelled students shall not be included in calculating the dropout rate for the school or the District. The Superintendent shall provide reports on each expulsion and denial of admission to the Board at regularly scheduled Board meetings. VII. Information to Parents Upon expelling a student, District personnel shall provide information to the student's parent or guardian concerning the educational alternatives available to the student during the period of expulsion, including the right of the parent/guardian to request that the District provide services during the expulsion. If the parent/guardian chooses to provide a home-based education program for the student, the parent/guardian may request assistance from the District in obtaining appropriate curricula for the student. If a student is expelled for the remainder of the school year and is not receiving educational services through the District, the District shall contact the expelled student's parent/guardian at least once every 60 days until the beginning of the next school year to determine whether the child is receiving educational services from some other source. Originally Adopted: November 8, 2004 Last Revised: August 13, 2012 Current Revision: December 11, 2023
    Legal References: C.R.S. § 16-22-102(9) (unlawful sexual behavior)
    C.R.S. § 18-1.3-406 (crime of violence)
    C.R.S. § 22-32-109.1(2) (safe school plan)
    C.R.S. § 22-32-109.1(2)(a) (conduct and discipline code - policy requirements)
    C.R.S. § 22-32-109.1(3) (agreements with state agencies to keep schools safe)
    C.R.S. § 22-32-144 (restorative justice practices in schools)
    C.R.S. § 22-33-105 (suspension, expulsion and denial of admission)
    C.R.S. § 22-33-106 (grounds for suspension, expulsion and denial of admission)
    C.R.S. § 22-33-106.1 (suspension and expulsion for students in preschool through second grade)
    C.R.S. § 22-33-106.5 (courts shall notify school districts of certain offenses committed by students)
    C.R.S. § 24-10-106.3 (Claire Davis School Safety Act)
    Adoption Date: November 08, 2004 Last Revised: December 11, 2023
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