Grounds for Suspension/Expulsion
According to Colorado Revised Statutes 22-33-106 (1)(a-g) and 22-12-105 (3), the following may be grounds for suspension or expulsion from a public school:
- Continued willful disobedience or open and persistent defiance of proper authority.
- Willful destruction or defacing of school property.
- Behavior on or off school property which is detrimental to the welfare or safety of other pupils or of school personnel including behavior which creates a threat of physical harm to the child or other children.
- 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 three times or more during the course of the school year on school grounds, in a school vehicle or at a school activity or sanctioned event. 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 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.”
- The use, possession or sale of a drug or controlled substance.
- The commission of an act which if committed by an adult would be robbery pursuant to Part 3, Article 4, Title 18, C.R.S. or assault pursuant to Part 2, Article 3, Title 18, C.R.S. 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.
- Possessing a dangerous weapon without the authorization of the school or school district.
For purposes of this paragraph, “dangerous weapon” means:
- A firearm.
- Any pellet gun, BB gun or other device, whether operational or not, designed to propel projectiles by spring action or compressed air.
- A fixed blade knife with a blade that exceeds three inches in length or a spring loaded knife or a pocket knife with a blade exceeding three and one-half inches in length.
- Any object, device, instrument, material, or substance, whether animate or inanimate, that is used or intended to be used to inflict death or serious bodily injury.
- Repeated interference with a school’s ability to provide educational opportunities to other students.
- 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 without the authorization of the school or school district.
- Making a false accusation of criminal activity against a district employee to law enforcement or to the district.
According to C.R.S. 22-33-106 (2), subject to the district’s responsibilities under the Exceptional Children’s Education Act and applicable federal law (see policy JK*-2, Discipline of Students with Disabilities), the following may be grounds for expulsion from or denial of admission to a public school or diversion to an appropriate alternate program:
- Physical or mental disability such that the child cannot reasonably benefit from the programs available.
- Physical or mental disability or disease causing the attendance of the child suffering therefrom to be inimical to the welfare of other students.
Issued: August 9, 1977
Revised: June 11, 1985
Revised: December 14, 1993
Revised: March 11, 1997
Revised: December 12, 2000
Revised: August 9, 2005
Revised: September 23, 2014
Huerfano School District Re-1, Walsenburg, Colorado