Parents want their children to succeed in school. Success looks different for every child, but a surefire way to impede the path to success is to expel a child from school or take other punitive disciplinary actions. Studies show that expelled or suspended kids are much less likely to go on to higher education or finish high school. Sometimes, a mistake, a fight, or a wrongful accusation can result in a child being suspended or sent to an “alternative education” program.
Alternative education programs exist to keep schools safe for all children and staff while ensuring kids still get the education they need. But school systems in Colorado sometimes send kids to these disciplinary programs for the wrong reasons or unfairly. Ultimately, they can harm your child's future. So, in this FAQ, we've answered some of our clients' most common questions about alternative education programs and expulsion in Colorado. If your child faces disciplinary action in a Colorado school, you should consider attorney-advisor Joseph D. Lento and the National Education Law Team at the Lento Law Firm. Call them at 888-535-3686.
What Disciplinary Measures Do Colorado Schools Use?
Like many in the nation, Colorado schools take a restorative justice approach to discipline for students. Teachers can't teach effectively, and students can learn if they don't feel safe at school. So, Colorado's disciplinary policies must balance school safety and discipline with the rights of all students to learn. Restorative justice should focus on restoring kids to school and not rely heavily on suspension or expulsion. But in practice, this may not always happen in Colorado schools.
Colorado's Restorative Practices Guide for Schools focuses on programs that include:
- Conferences,
- Counseling,
- Circles for reintegration,
- Trauma-responsive restorative dialogue,
- Mentoring,
- Mediation,
- Reflection and reframing, and
- Community service.
While most Colorado schools will first try restorative justice practices, suspensions and expulsions are still common. Schools must plan for kids who are expelled or suspended long-term to ensure they can still receive an education. These plans often involve “alternative education programs” that can negatively impact a child's future. Even if you think a suspension or expulsion isn't a big deal because the child can eventually return to school, it can still harm their learning and future opportunities.
Can My High School Student Be Expelled in Colorado?
Under Colorado law, kids between the ages of six and 21 can't be expelled, suspended, or denied admission unless it's expressly permitted under state law. A district's board of education can delegate to the principal of each school the power to suspend a child for no more than five to ten days, depending on the offense. CRS § 22-33-105. A school board also can't suspend or expel a child for more than 25 days total, including extensions, without a hearing.
If a student is expelled or faces a long-term suspension, the school must provide educational alternatives designed to eventually allow the student to return, to successfully complete a high school equivalency exam, or to enroll in a nonparochial or alternative school, including a pilot or charter school established for this purpose under Colorado's education law.
Students may be expelled in Colorado if:
- They are charged with a crime of unlawful sexual or violent behavior,
- They engage in “Continued willful disobedience or open and persistent defiance of proper authority,
- They engage in Willful destruction or defacing of school property,
- They engage in “behavior on or off school property that is detrimental to the welfare or safety of other pupils or of school personnel, including behavior that creates a threat of physical harm to the child or to other children.”
Children can also face expulsion for the following actions on school grounds:
(I) Possession of a dangerous weapon without the authorization of the school or the school district;
(II) The use, possession, or sale of a drug or controlled substance […];
(III) The commission of an act that, if committed by an adult, would be robbery […], or assault […], other than the commission of an act that would be third degree assault […], if committed by an adult.
(e) Repeated interference with a school's ability to provide educational opportunities to other students.
(f) 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 school property.
(g) […] Making a false accusation of criminal activity against an employee of an educational entity to law enforcement authorities or school district officials or personnel.
CRS § 22-33-106.
In May of 2023, the Colorado legislature killed a bill that would have restricted schools' ability to expel, suspend, or deny admission to students for behavior outside of the classroom that doesn't involve other students.
What Happens to Expelled High School Students in Colorado?
Even if your child is expelled, they must still attend school. Each school district must provide alternative education programs for kids. If you choose to homeschool, they may assist you in acquiring a suitable curriculum, but most alternative education plans involve alternative high schools for “at-risk” kids. Colorado has 92 alternative public schools, serving more than 17,000 students, with some counties sharing programs.
Under Colorado law, these schools have a “specialized mission.” They also:
- Have “nontraditional methods of instruction delivery,”
- Serve a “student population in which more than 90% of the students have an individualized education program […] or meet the definition of a high-risk student.”
While the maximum term a child can spend at these schools is one year, most are there for an average of 90 days, meaning their education throughout the school year may be interrupted and inconsistent.
How Does a Student Get Sent to Alternative Education in Colorado?
Typically, a student will end up in an alternative school after being expelled or suspended from their current public school. The alternative school will involve an alternative education campus (AEC) or disciplinary alternative education program (DAEP). Every school district has its own individual code of conduct for students, but typically students in Colorado can face expulsion for:
- Bullying or cyberbullying,
- Using drugs, tobacco, or alcohol,
- Vandalism or theft,
- Possessing a weapon in school,
- Assaulting a student or teacher, and
- Misusing technology.
Before suspending or expelling a student for more than ten days, the school board must follow a hearing process that involves the following:
- Explaining the evidence for the violation,
- Describing the discipline necessary if the board finds the student responsible,
- Allowing the student to testify and explain, and
- Giving the student the right to retain counsel.
If the board removes a student, you have ten days to appeal.
However, in some cases, the school may use emergency procedures to remove your student. Under the Colorado School Violence Prevention Legal Manual, a local school board can remove a student on an emergency basis if they pose a threat to anyone's health or safety. Under the law, an emergency situation can arise from:
- A threat to loss of life,
- Concern about personal injury to a student, or
- Risk of damage to the personal property of students.
If the school board uses an emergency removal, they must hold a hearing as soon as practicable after the removal.
Will My Student Face Expulsion if They Bring a Gun to School in Colorado?
Colorado was the scene of the first mass school shooting at Columbine High School in 1999. Since then, children can face suspension or expulsion for possessing a firearm on school grounds. Under Colorado law, kids can be expelled for “possession of a dangerous weapon without the authorization of the school or the school district.” They can also face expulsion for “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 school property.”
However, expulsion for firearms violations isn't automatic. School policy must “consider student violations under this section on a case-by-case basis using the individual facts and circumstances to determine whether suspension, expulsion, or any other disciplinary action, if any, is necessary.” CRS § 22-33-106. While the law states that students found to have had a weapon on campus will be expelled for at least a year, that also depends on the circumstances. The law states:
Notwithstanding any other provision of law, […] a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school, shall be expelled for a period of not less than one year; except that the superintendent of the student's school district may modify this requirement for a student on a case-by-case basis if such modification is in writing.
However, if your child is facing expulsion from school, even for an alleged weapons charge, it won't happen automatically. Your child is entitled to an expulsion hearing with the school. At the hearing, you and your attorney-advisor can provide context. For example, if your child was facing bullying or threats at school that the school knew or should have known about, your advisor may be able to negotiate a better alternative or submit an appeal.
It is important to note that even if your child isn't automatically suspended for bringing a weapon to school, it is a felony to bring one onto public or private school grounds in Colorado without a statutory exception, such as for law enforcement officials. See CRS §18-12-105.5 (2013). A felony conviction is punishable by one year to 18 months in prison and a fine of up to $100,000. These penalties are in addition to expulsion and punishment from the school.
How Long Do Colorado Expulsions and Alternative Education Placements Last?
In Colorado, as with most U.S. states, the maximum expulsion duration is a full calendar year. How long an expulsion or suspension, and its accompanying alternative education placement, will vary based on the offense. However, attorney-advisor Joseph D. Lento and the Education Law Team at the Lento Law Firm can negotiate the length of your child's expulsion and the type of alternative placement they receive at the expulsion hearing or appeal.
You and your child may have to agree to a rehabilitation plan as part of the expulsion. The rehabilitation plan will state the objectives your child should meet before the end of their expulsion and readmission to their original school. If your child doesn't meet the terms of the rehabilitation plan, the school system may extend the expulsion beyond one full calendar year. This is why negotiating the rehabilitation plan and the expulsion terms is essential during your expulsion hearing.
What Happens During My Student's Alternative Education Placement?
In Colorado, you and your student must often agree to a rehabilitation plan if your child is expelled and sent to an alternative education program. During their alternative education placement, students must:
- Still receive educational services and participate in the general education program fitting Colorado standards for writing, reading, math, social studies, and science;
- Work and educational instruction in the alternative program can't be below their academic or grade level or “busy work;”
- The student must receive counseling in the alternative program if they received it before their placement;
- If needed, the student will receive a behavioral intervention or an assessment after multiple violations;
- The alternative program should also provide career, academic, and personal counseling and guidance if needed.
Some school districts now also offer online instruction for expelled students. The online plan will provide instruction in all core courses and electives to ensure your student maintains and advances their knowledge and skill in these areas. Your student may also have an assigned expulsion specialist from their home school who will meet with them and your family to discuss expectations during the expulsion. Your student's online expulsion plan will include an education plan, pacing guide, communication log, and reporting on weekly academic progress.
Will My Student Have a Hearing Before Expulsion?
The school board must hold a hearing before suspending or expelling your child for more than ten days. The school must tell you about the evidentiary basis for the expulsion and the discipline they believe is necessary. At the hearing, your student will have the right to legal representation and to testify and explain their side of the story. The school must also consider the following:
(a) The age of the student;
(b) The disciplinary history of the student;
(c) Whether the student has a disability;
(d) The seriousness of the violation committed by the student;
(e) Whether the violation committed by the student threatened the safety of any student or staff member; and
(f) Whether a lesser intervention would properly address the violation committed by the student.
CRS § 22-33-106(1.2).
Can My Student Appeal Their School Expulsion?
You can appeal the decision from your student's expulsion hearing. When the school first expels your student, you will have ten days to appeal the decision. The school board will then hold an expulsion hearing presided over by a hearing officer, a third party hired by the school board. The board will then forward their recommendation to the school superintendent, who has five days to issue a decision. The superintendent's decision will include whether your student should be suspended and for how long. You will then have ten days to appeal the superintendent's decision to the school board, who will have the final say in the matter. However, you can still take the matter to court.
It's important to note that a hearing before the school board is informal and doesn't comply with the rules of evidence and civil procedure. As a result, your attorney-advisor must be experienced in handling education expulsion hearings. Attorney Joseph D. Lento and the skilled Education Defense Team at the Lento Law Firm can help.
Can an Alternative Education Plan Have Downsides for My Child?
Unfortunately, an alternative education plan can significantly impact your child's education and future. An expulsion will stay on their record, hurting their chances of college admission and scholarships. It could also affect employment after high school if it's serious enough. The program itself can also affect the continuity and quality of your child's education.
- Lower Education Levels: While the alternative education plan is supposed to meet your student's grade and academic level, alternative schools, even online programs, often don't have the same academic rigor as traditional schools, particularly for high school students. Alternative schools may also have fewer resources, opportunities for therapy and other services, and no extracurricular activities or sports.
- Fewer Campus Options: There are fewer alternative high schools if your student must attend in person. It can sometimes be logistically challenging to make it to school on time, increasing absences and tardies.
- More Punitive: At times, alternative schools focus more on maintaining order than traditional schools. This means your child can be punished for normal in-class behavior, leading to more problems and challenges in returning to their home school. Moreover, when your child is treated like a criminal, it can harm their mental health.
- Emotional Affects: When your child is uprooted from their school, teachers, and friends, it can have a devastating after on their mental health and, ultimately, their grades.
Can My Child Be Sent to Alternative Education in Colorado More Than Once?
Yes, students in Colorado can be sent to an alternative education program multiple times. While the limit of expulsion is typically one year, students can face expulsion more than once.
What Should I Do If My Child Is About to Be Expelled?
If you suspect that their child may face expulsion or suspension for a major disciplinary incident, there are some steps you can take:
- Collect all the incident facts from your child's school and any possible disciplinary actions.
- Talk to your child to hear their side of the story. Are there any recent events that precipitated the event leading to discipline? Make sure you take notes and put everything in writing or record it.
- If your child was injured, record their injuries with photos. Record any notes or feedback from teachers or homework and assignments.
- Save all your correspondence with the school. If you have a meeting or phone call, follow up with an email with details about your conversation. When that isn't possible, take notes with the date, time, and details of any conversations.
- Consult attorney-advisor Joseph D. Lento and his experienced Education Defense Team at the Lento Law Firm. They can help you develop a strategy for your child's defense.
- Look for the school's student code of conduct and find the rule your child allegedly broke. Make sure to take note of disciplinary procedures.
Can Expelled Students Go to College Colorado?
Your child should be able to attend college in Colorado after an expulsion and placement in an alternative education program. However, many schools may be hesitant to admit a student with an expulsion on their record. Moreover, interrupting your child's education can impact their grades and test scores. Prospective colleges are also likely to ask for details about an expulsion to investigate any possible risk to students on their campus if they admit your child.
You Need Experienced Help with Your Student's Colorado Expulsion
If your student is facing an expulsion and alternative education program in Colorado, this isn't something you should try to handle on your own. The consequences for your child can be serious and long-lasting. Attorney-Advisor Joseph D. Lento and the National Education Law Team at the Lento Law Firm have helped many students in Colorado and nationwide with school disciplinary matters. They're skilled in negotiating with school administrations, representing students at school board hearings, building the best possible defense for an accused student, and litigating educational discipline cases when necessary. Find out how they can help you too. Call the Lento Law Firm at 888-535-3686 or contact them online to schedule your consultation.
