Changes Coming for Out-Of-School Suspensions and Expulsions

During the 2019 legislative session, Governor Jared Polis signed into law HB-1194, which significantly changed the process and permissibility of out-of-school suspensions and expulsions for preschool through second grade students. The law takes effect July 1, 2020, so now is the time to understand the changes and prepare accordingly.

The idea behind HB-1194 is that out-of-school suspensions and expulsions for students in the early grades makes it more likely that they will “experience further disciplinary action later in their academic careers, drop out or disengage from high school, report feeling disconnected from school, and be incarcerated later in life.” 

Accordingly, the new law only allows out-of-school suspensions and expulsions in limited circumstances. For example, the student’s conduct must involve the possession of a dangerous weapon; the use, possession, or sale of a drug or controlled substance; or endangers the health or safety of others. The school must additionally believe that a safety threat exists that cannot otherwise be addressed. Out-of-school suspensions typically cannot exceed three days. 

July 1, 2020 is not far off. If you need assistance amending polices or otherwise preparing for the change, do not hesitate to reach out. We would be happy to assist you.