According to Colorado Revised Statutes (C.R.S.) §§ 22‑33‑106 (1)(a-g) and 3(c, e, and f), 22-33-106.1, and 22-12-105(3), the following may be grounds for suspension, expulsion or denial of admission from a public school:
Adoption Date: November 09, 2009
Last Revised: April 10, 2023
- Continued willful disobedience or open and persistent defiance of proper authority. (C.R.S. § 22‑33‑106(1)(a))
- Willful destruction or defacing of school property. (C.R.S. § 22‑33‑106(1)(b))
- Behavior on or off school property which is detrimental to the welfare, morals, or safety of other students or District personnel, including behavior which creates a threat of physical harm to the student exhibiting the behavior or another student. (C.R.S. § 22‑33‑106(1)(c))
- Repeated interference with a District's ability to provide educational opportunities to other students. (C.R.S. § 22‑33‑106(1)(e))
- Making a false accusation of criminal activity against a District employee to law enforcement or to the District. (C.R.S. 22-12-105 (3))
- Having been expelled from any school district during the preceding twelve (12) months. (C.R.S. § 22‑33‑106(3)(c))
- Behavior in another school district during the preceding twelve (12) months that is detrimental to the welfare or safety of other pupils or of school personnel. (C.R.S. § 22‑33‑106(3)(f))
- The use, possession or sale of a drug or controlled substance as defined in C.R.S. § 18-18-102 (5), on school grounds, in a school vehicle, or at a school sponsored activity. (C.R.S. § 22‑33‑106(1)(d)(II))
- The commission of an act on school grounds, in a school vehicle, or at a school sponsored activity, which if committed by an adult would be robbery pursuant C.R.S. §18-4-301 et seq., or assault pursuant to C.R.S. § 18-3-202 et seq. 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. (C.R.S. § 22‑33‑106(1)(d)(III))
- Possession of a dangerous weapon without the authorization of the school or the District, on school grounds, in a school vehicle, or at a school sponsored activity. NOTE: In accordance with federal law, expulsion shall be mandatory and for no less than one full calendar year for a student who is determined to have brought to or possessed 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. (C.R.S. § 22‑33‑106(1)(d)(I))
For purposes of this paragraph, the following are presumptively "DANGEROUS WEAPONS":
-
- A firearm, whether loaded or unloaded, as defined in C.R.S. § 18-1-901(3)(h);
- Any pellet gun, BB gun, or other device, whether operational or not, designed to propel projectiles by spring action or compressed air, or a flare gun, which discharges flares, blanks and/or smoke;
- A fixed blade knife with a blade that measures longer than three (3) inches in length or a spring loaded knife or a pocket knife with a blade longer than three and one-half (3 ½) inches. Knife blades are to be measured from the point where the metal touches the handle;
- Any other object, device, instrument, material, or substance, whether animate or inanimate, used or intended to be used to inflict death or serious bodily injury, including, but not limited to a slingshot, nunchucks, spring gun, throwing star, bludgeon, brass knuckles or artificial knuckles of any kind.
- 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 District property. (C.R.S. § 22‑33‑106(1)(f))
- Failure to comply with the provisions of C.R.S. § 25-4-901 et seq. (immunization requirements). Any suspension, expulsion or denial of admission for such failure to comply shall not be recorded as a disciplinary action but may be recorded with the student's immunization record with an appropriate explanation. (C.R.S. § 22‑33‑106(3)(e))
- Declaration as a habitually disruptive student.
- For purposes of this paragraph, "habitually disruptive student" means a child who has caused a material and substantial disruption on school grounds, in a school vehicle, or at a school sponsored activity, three (3) or more times during the course of a school year. Any student who is enrolled in a public school may be subject to being declared a habitually disruptive student.
- The student and the parent, legal guardian, or other 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."
- 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.
| Legal References: | C.R.S. § 25-4-901 (immunization prior to attending school) |
| C.R.S. § 22-33-106.1 (suspension, expulsion, preschool through second grade) | |
| C.R.S. § 22-33-106(3) (c, e, and f) (grounds for denial of admission) | |
| C.R.S. § 22-33-106(2) (grounds for suspension, expulsion, and denial of admission, subject to the Exceptional Children's Education Act) | |
| C.R.S. § 22-33-106(1)(a - g) (grounds for suspension, expulsion, and denial of admission) | |
| C.R.S. § 22-33-102(4) (state law definition of "dangerous weapon") | |
| C.R.S. § 22-20-101 et seq. (Exceptional Children's Education Act) | |
| C.R.S. § 22-12-105(3) (false reports) | |
| C.R.S. § 18-4-301 et seq. (Colorado Criminal Code provisions on robbery) | |
| C.R.S. § 18-3-202 et seq. (Colorado Criminal Code provisions on assaults) | |
| C.R.S. § 18-1-901(3)(e) and (h) (state law definitions of "deadly weapon" and "firearm" | |