Colorado Capitol Watch


Welcome Visitor

Forgot password?
Subscribe for Current Session

My CCW Tools

Look Up Bills

Look Up Legislators

Legislative Year: 2023 Change

Bill Detail: HB23-1291

Return to list of bills

emailSend an email to your legislator

Title Procedures For Expulsion Hearing Officers
Status Governor Signed (06/01/2023)
Bill Subjects
  • Education & School Finance (Pre & K-12)
House Sponsors S. Gonzales-Gutierrez (D)
J. Joseph (D)
Senate Sponsors R. Fields (D)
F. Winter (D)
House Committee Education
Senate Committee State, Veterans and Military Affairs
Date Introduced 04/10/2023

The bill clarifies the school expulsion hearing (hearing) process,
including the following:
  • A school district has the burden of proving by a
preponderance of the evidence that a student violated state
law and the school district's policy, that alternative
remedies were not appropriate, and that excluding the
student from school through expulsion or denial of
admission is necessary to preserve the learning
  • A school district is required to provide all records that the
school district intends to use as supporting evidence for
expulsion or denial of admission to the student or the
student's parent, guardian, or legal custodian at least 2
business days in which school is in session prior to the
hearing; and
  • Hearing officers are required to consider specific factors in
determining findings of fact and recommendations at the
conclusion of a hearing.
A hearing officer must not have a conflict of interest with regard
to a student under consideration for expulsion or denial of admission, or
towards any alleged victim. A hearing officer who has an unavoidable
conflict of interest, but must continue to serve as a hearing officer, is
required to provide proof of training on conflict of interest and bias and
provide evidence that the conflict of interest is unavoidable.
The bill requires the department of education (department), on or
before June 30, 2024, to create and maintain an online training program
for hearing officers who conduct expulsion hearings and school
administrators. Beginning January 1, 2025, hearing officers are required
to complete an initial 5-hour training program within 30 days after the
date the hearing officer starts work.
The training program must include information on the following:
  • Child and adolescent brain development;
  • Restorative justice;
  • Alternatives to expulsion;
  • Trauma-informed practices;
  • Conflict and bias in discipline, suspension, and expulsion;
  • The requirements and implementation of applicable federal
and state laws.
School districts, district charter schools authorized to expel or
suspend students, or the state charter school institute may waive the use
of the department's training program but shall provide a training program
to hearing officers and school administrators that meets or exceeds the
requirements of the department's training program.
The bill clarifies the judicial proceedings process available to a
student or the student's parents, guardians, or legal custodians to set aside
the school district board of education's decision to expel or deny
admission to the student.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (08/21/2023) (most recent)  
Additional Bill Documents Bill Documents
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
Lobbyists Lobbyists
Audio [This feature is available by subscription.]  
Votes House and Senate Votes
Vote Totals Vote Totals by Party
Copyright © 2008-2023 State Capitol Watch