22-33-203. Educational alternatives for expelled students.
(1) Upon expelling a student, the school district shall provide information to the students parent or guardian concerning the educational alternatives available to the student during the period of expulsion. If the parent or guardian chooses to provide a home-based educational program for the student, the school district shall assist the parent in obtaining appropriate curricula for the student if requested by the parent or guardian.
(2) (a) Except as otherwise provided in subsection (2)(b) of this section, upon request of a student or the students parent or guardian, the school district shall provide, for any student who is expelled from the school district, any educational services that are deemed appropriate for the student by the school district. The educational services provided must be designed to enable the student to return to the school in which he or she was enrolled prior to expulsion, to successfully complete the high school equivalency examination, or to enroll in a nonpublic school or in an alternative school, including but not limited to a charter school. The expelling school district shall determine the amount of credit the student must receive toward graduation for the educational services provided pursuant to this section.
(b) The educational services provided pursuant to this section are designed to provide a second chance for the student to succeed in achieving an education. While receiving educational services, a student may be suspended or expelled pursuant to the conduct and discipline code of the school district providing the educational services and the provisions of part 1 of this article 33. Except as required by federal law, the expelling school district is not required to provide educational services to any student who is suspended or expelled while receiving educational services pursuant to this section until the period of the suspension or expulsion is completed.
(c) (I) Educational services provided pursuant to this section shall be provided by the expelling school district; except that the expelling school district may provide educational services either directly or pursuant to an agreement with one or more other school districts, boards of cooperative services, charter schools, or nonpublic schools. Any program of educational services provided by a nonpublic school is subject to approval by the state board of education pursuant to section 22-2-107.
(II) Educational services may be provided by the school district through agreements entered into pursuant to section 22-33-204. The expelling school district need not provide the educational services on school district property. Any expelled student receiving educational services shall be included in the expelling school districts pupil enrollment as defined in section 22-54-103 (10).
(d) If an expelled student is receiving educational services delivered by a school district other than the expelling school district, by a charter school in a school district other than the expelling school district, by a board of cooperative services, or by a nonpublic school, pursuant to an agreement entered into pursuant to subsection (2)(c)(I) of this section, the expelling school district shall transfer ninety-five percent of the district per-pupil revenues, as defined in section 22-30.5-112 (2)(a.5)(II) to the school district, charter school, nonpublic school, or board of cooperative services that is providing educational services, reduced in proportion to the amount of time remaining in the school year at the time the student begins receiving educational services.
(e) Any school district, charter school, nonpublic school, or board of cooperative services that is providing educational services to expelled students pursuant to this subsection (2) may apply for money through the expelled student services grant program established in section 22-33-205 to assist in providing educational services.
(3) If a student is expelled and the student is not receiving educational services pursuant to this section, the school district shall contact the expelled students parent or guardian at least once every sixty days until the beginning of the next school year to determine whether the student is receiving educational services from some other source; except that the school district need not contact a students parent or guardian after the student is enrolled in another school district or in an independent or parochial school or if the student is committed to the department of human services or is sentenced pursuant to article 2.5 of title 19.
(4) In addition to the educational services required under this section, a student who is at risk of dropping out of school due to chronic absenteeism or disciplinary actions or has been suspended or expelled, or the students parent or guardian, may request any of the services provided by the school district through an agreement entered into pursuant to section 22-33-204, and the school district may provide such services.
Source: L. 96: Entire part added, p. 433, 4, effective April 22. L. 97: (2) amended, p. 589, 24, effective April 30. L. 98: (2) and (3) amended and (4) added, p. 568, 2, effective April 30. L. 2000: Entire part amended, p. 1967, 11, effective June 2. L. 2012: (2)(b) and (3) amended, (HB 12-1345), ch. 188, p. 749, 41, effective May 19. L. 2014: (2)(a) amended, (SB 14-058), ch. 102, p. 381, 12, effective April 7. L. 2021: (2) and (4) amended, (SB 21-268), ch. 222, p. 1178, 19, effective June 11; (3) amended, (SB 21-059), ch. 136, p. 741, 102, effective October 1.