Transcript Education Law in the Child Welfare System FEDERAL & COLORADO LAW Education Matters • Stable and positive school experiences: • Enhance children’s well-being • Help.

Education Law in the Child
Welfare System
FEDERAL & COLORADO LAW
Education Matters
• Stable and positive school experiences:
• Enhance children’s well-being
• Help children make more successful transitions to adulthood
• Increase their chances for personal fulfillment and selfsufficiency
• Educational success is a potential positive
counterweight to abuse, neglect, separation, and
impermanence.
Introductions
• What’s your role?
• What county do you work in?
• What do you hope to learn in this session?
• Specific issues coming up in your practice?
Primary Stakeholders
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Children
Parents
Caseworkers & DHS
Judges
GALs
RPCs
CASAs
Educators
Topics
• School stability
• Colorado statutes
• McKinney-Vento
• Fostering Connections
• Access to Records
• FERPA
• Students with Disabilities
• Section 504 of the Rehabilitation Act
• IDEA
• Student Discipline in General Education
School Stability
Overview of Statutes
• When a child’s residence changes, there is often
pressure to move the child to a new school, but
there are some protections against this.
Refer to Handout 3 – Fostering Connections Reference
• Colorado Laws
• Same school for remainder of semester (sometimes school
year) for all CO students
• Transfer procedures for students in out-of-home placement
• Federal Laws:
• McKinney-Vento: Same school/new school based on best
interests for students who are homeless
• Fostering Connections: Same school/new school based on
best interests for students in out-of-home placement
All
Colorado
Students
• All children in
Colorado can
remain in their
school until the end
of the semester.
• § 22-32-116, C.R.S.
• Statute implies the
district might have to
provide
transportation in
some situations
CO – Elementary
• Elementary students can stay in the same school for
the rest of the year and reenroll if:
• The child was included in the last October pupil count and has
attended continuously since; and
• The guardian sends a written request to principal; and
• The principal finds there is space and approves the request.
• Explicitly states no transportation after the end of the
semester
• This implies transportation for 1st semester.
CO – Seniors
• 12th graders:
• Can stay in the same school for the rest of the school year
• Same implication for district-provided transportation
McKinneyVento
Homeless
Assistance
Act
• 42 U.S.C. §11431 et. Seq.
• Children who are
homeless stay in “school
of origin” if in best
interest
• If not in best interests to
stay in same school,
right to immediate
enrollment in new
school, even without all
records
• Colorado
implementation: §22-33103.5(5)
McKinney-Vento – Same School
• Homeless youth have the right to stay in school of
origin if in best interests
• School of Origin = the school attended when permanently
housed or the school last enrolled
• Status applies for school year or as long as homelessness
continues
• Transportation provided to stay in same school
• School districts can share costs
• School of choice pending dispute resolution
McKinney-Vento - New School
• Immediate and appropriate enrollment in new
school, even without records
• Enrolling school must contact previous school to request
records
• If child has no immunization records, enrolling school must
arrange for immunizations
• C.R.S. § 22-33-103.5
Who is “Homeless?”
• Children who lack a fixed, regular, and adequate
nighttime residence, including:
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Children living in emergency or transitional shelters
Children abandoned in hospitals
Unaccompanied homeless youth
Children “awaiting foster care placement”
• No state or federal definition of children “awaiting foster care
placement”
• P.L. 110-351, 42 U.S.C.
629 et seq. and 42
U.S.C. 670 et seq.
Fostering
Connections
• Affects many areas of
child welfare law; we
are just looking at
educational stability
• “Ensures”
educational stability
for children in out-ofhome placements
• 42 U.S.C. § 675(1)(G)
FC – What is “School Stability?”
• Fostering Connections requires DHS to “ensure”
that:
• Youth stay in same school if in their best interests
• If moving schools is in their best interests, immediate and
appropriate enrollment in a new school
FC – Same School
• Stay in the same school if it is in their best interests
• When changing residential placements DHS must:
• Consider the appropriateness of the educational placement
and the proximity of the current school
• Coordinate with educational authorities to maintain child’s
school placement if in child’s best interests
• What are you seeing in your practice?
FC – Same School & Transportation
• Transportation is an implied obligation of DHS
• DHS must “ensure” school stability
• Transportation is an allowable IV-E expense
• Cost of transportation is not a permissible factor in determining
the child’s best interests
• DHS may provide transportation w/ Title IV-E funds
• How to use IV-E funds is a county decision
FC – Same School & Transportation
• Act amends the definition of IV-E foster care
maintenance payment to include "reasonable
travel” to school of origin.
• Now reimbursed at the Medicaid matching rate
• Previously, travel related expenses were an “administrative
expense” with set 50% reimbursement
• Makes no rate difference in CO b/c our Medicaid rate is
50%
FC – New School
• “immediate enrollment…with all records
transferred…”
• Ambiguous timing for records – Immediate and
contemporaneous with enrollment?
• Either way, enrollment must be immediate
• What is “immediate” enrollment?
• The ACF has declined to clarify what “immediate” means
other than to say “without delay.”
• What is “appropriate” enrollment?
FC Implementation in Volume 7
• Requires CWs to:
• Describe how new placement is in reasonable proximity to
child’s school;
• Coordinate with school districts;
• Either 1) notify sending school of records transfer request as
soon as possible; or 2) request the records themselves and
provide to the new school;
• Document efforts to maintain child in same school; and
• Document reasons why remaining in same school not in
child’s best interests.
Fostering Connections vs. CO
Implementation
Fostering Connections
C.R.S. § 19-3-213
• Stay in same school if in
best interests
• CW “shall attempt to
select a placement
that allows the child to
remain in the current
school, or to transfer to
a comparable
educational situation.”
• Transportation implied
OR
• Immediate enrollment
in new school
• Only if staying in same
school is not in best
interests
• Best interests?
• Preference for same
school?
Fostering Connections vs. McKinney-Vento
Fostering Connections
• Out-of-home youth
• Obligates DHS
• No reciprocal mandate on
schools to “ensure” stability
• Same school if in best
interest
• Immediate enrollment
• Transportation implied by
DHS
• Title IV-E (SSA) funds for
transportation
McKinney-Vento
• Homeless youth
• Obligates school districts
• Same school if in best
interest
• School of student’s choice
pending dispute
• Immediate enrollment
• Transportation must be
provided by district(s)
• Title I (education) funds
Transportation – Your Experiences
• What have you tried to secure transportation? What
has worked?
• People/agencies who could potentially provide
transportation:
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DHS (may be through private company)
School district (may be through private company)
Kin
Foster parents
Group home staff
Others?
Best Interest Determinations
• The ACF “encourages” development of a
“standard and deliberate process for determining
best interests” for school placement.
• Since this is part of the case plan, the family should be
included in determining best interests
Discussion with Your Table
Handout 4 - ABA Model Form
• What factors should we consider in making
best interest determinations?
• See handout for ABA’s model best interest
determination form
• This should be completed with input from all needed
parties, including parents
• Would something like this work in your practice?
What it does:
C.R.S. §22-32138 (HB 081019)
• Address prompt enrollment
and records transfer for
out-of-home youth who are
changing schools
• Address need for
reciprocal mandate for
schools to coordinate with
DHS
What it does not:
• Implement Fostering
Connections – applies to
school districts, not DHS
• Provide protection for
foster youth to remain in
the same school if in their
best interests
CO – New school
out-of-home placements
• Creates child welfare education liaisons who:
• Are designated by each school district or charter institute
• Are responsible for:
• Collaborating with child placement agencies, county
departments, the state department to ensure proper school
placement, transfer, and enrollment of foster children
CO – New school
out-of-home placements
• When foster youth transfer to a new school:
• Sending school must send educational records within 5 days
of request.
• Cannot delay/refuse request for any reason, including unpaid
fines
• Receiving school must enroll student within 5 days of
receiving records.
• Students must be enrolled even if they cannot meet usual
requirements such as providing immunization records or
compliance with dress code.
• 14 days after enrollment to provide immunization records
State and Federal Combined – New School
• Fostering Connections:
• “immediate enrollment…with all records transferred…”
Ambiguous timing for records
• C.R.S. § 22-32-138:
• Sending school must transfer records within 5 school days, and
receiving school must enroll within 5 school days of receipt
• Combined:
• Right to immediate enrollment, and records must be
transferred in 5 school days
Fee Waivers
Fee Waivers
• Applies to children who are in out-of-home
placements:
• C.R.S. §22-32-138: schools and districts must waive fees for
students in out-of-home placements.
• This includes, but is not limited to:
• Extracurricular activities and programs before, during, and
after school
• Books and lab fees
• Recently the Children’s Law Center has applied this statute
successfully for waiver of full-day kindergarten fees.
Fee Waivers
• Children who have disabilities:
• IDEA – does not waive fees, but note the “free” in FAPE.
• If something is provided for in the IEP as special education
related service, it should be free, even if a fee would apply
to other students.
FERPA
FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT
Family Educational Rights and Privacy Act
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“FERPA” - 20 U.S.C. § 1232g and 34 CFR Part 99
Protects privacy of educational records and
Parents have the right to review records
Within “a reasonable time” – max 45 days
• Can be charged for copies unless fee effectively denies
access
• Requests for waiver of copying fees rarely denied
• Rights pass to children when they turn 18
FERPA
• All records about the child that are maintained by
the school. Including, but not limited to:
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Grades, progress reports, test scores
Attendance
IEPs, evaluations, and all other related documents
Discipline records
Internal communication (e.g., emails) about the student
Law enforcement records maintained by the school
• Does NOT include:
• Notes in maker’s sole possession & sole access
• Law enforcement records maintained by a law
enforcement unit that may operate in the school.
Uninterrupted Scholars Act
• Amendment to FERPA:
• Permits child welfare agencies to access education records
without a court order when the agency has legal custody of
the child
• Allows child welfare agencies to share the information with
people “engaged in addressing the child’s educational
needs,” while still protecting confidentiality; and
• When a D&N court orders access to records (such as to GALs),
the school does not need to provide additional notice to the
parent
• 20 U.S.C. 1232g(b)
Section 504
OF THE REHABILITATION ACT
Section 504
• Prohibits discrimination against people with
disabilities
• Unlike IDEA, applicable to other government programs, not
just education.
• “Disability” means impairments that substantially
limit major life activities (walking, talking, learning,
working, seeing, breathing)
• Services under Section 504 are implemented by
school districts.
Section 504
• Non-Discrimination:
• Provides equal access to a free appropriate public
education:
• The provision of regular or special education and related aids or
services to meet the needs of students with disabilities as
adequately as the needs of students without disabilities
• EQUAL ACCESS vs. affirmative right to FAPE
Section 504
• Eligible students have a “504 Plan” with
accommodations that do not fundamentally alter
the program.
• Ex:
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Insulin administered by trained personnel
Access to large print materials or Braille
Extra time on exams; quiet space for exams
Directions given one at a time; check for understanding
• 504 plans can include special education services as
well as accommodations.
Discipline Under Section 504
• Generally, IDEA discipline protections also apply
under Section 504.
• Mainly through case law and OCR guidance, not statute
• No placement change (long-term suspension or
expulsion) for behavior that is a manifestation of the
disability
• One key difference: IDEA eligible students continue to
receive FAPE if long-term suspended; students only eligible
under 504 only receive educational services if general
education students would as well.
• Affirmative right to FAPE vs. Equal Access to FAPE
Individuals with Disabilities
Education Act
Free Appropriate Public Education (FAPE)
• Special education and related services that:
• Have been provided at public expense, under public
supervision and direction, without charge
• Meet the standards of the Colo. Dept. of Education
• Include an appropriate preschool, elementary school, or
secondary school in Colorado
• Are provided in conformity with the Individualized
Education Program (IEP)
IDEA – Sources of Law
• 20 USC §1401 et seq
• See also 34 C.F.R. §300.00 et seq
• State implementation:
• 22-20-101 et seq, C.R.S.
• 1 CCR 301–8. Rules for the Administration of the Exceptional
Children's Educational Act
IDEA – 2 Parts
• Part C: 0 – 3 years old
• Early Intervention Services through an Individualized Family
Service Plan (IFSP)
• Most challenging piece – transition to Part B
• Part B: 3 – 21 years old
• 3-5 years old – Preschool
• 5-21 years old – K-12
• Special Education and Related Services through
Individualized Education Program (IEP)
Child Find
• School districts have a duty to identify children with
disabilities.
• Many referral sources for evaluating a child 0-3:
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Pediatricians
Caseworkers
Parents
GAL/CASA
• Referral for all children 0-3 who are “the subject of
substantiated case of child abuse or neglect”
• Only the “parent” or someone from the school
district can refer a child 3-21 for an evaluation for
Part B services.
IDEA Part C
CHILDREN AGES 0-3
Part C Eligibility
• Responsibility for Child Find Evaluation is on the
public school district where child is living.
• Assessment completed by Early Intervention MultiDisciplinary Team
• Evaluation AND initial IFSP must be completed
within 45 days
• State Early Intervention Colorado
• (888) 777-4041, www.eicolorado.org
IFSP for Children 0-3 Years Old
• IFSP: Individualized Family Service Plan
• Reviewed at least every 6 months, with a meeting
at least annually
• If parents consent, the district may use an IFSP
instead of an IEP for children ages 3-5.
• IFSP for children 3-5 must promote school readiness
• Part B procedures still apply for children 3-5
IFSP Services
• Services delivered in a natural environment
• “The IFSP process emphasizes services to meet the
child’s and family’s needs and considers the
resources, priorities, and concerns of the family.”
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Family therapist
Dietician
Speech/Language
OT/PT
School readiness (required for ages 3-5)
Transitions from Part C to Part B
• Part C services terminate immediately upon 3rd
birthday
• Funding streams change
• Part C coordinator is required to initiate transition to
Part B
• Begin transition at least ninety days prior to child’s 3rd
birthday
IDEA Part B
CHILDREN AGES 3-21
Part B Eligibility
• Eligible population: children 3-21 with disabilities and
who need special education as a result of their
disabilities
• Applies to students from the age of 3 until they graduate
high school or turn 21, whichever come first
Who are Children with Disabilities?
• Infant/Toddler with a
Disability (birth-2)
• Developmental Delay
(3-8)
• A child 3-21 with:
• Orthopedic Impairment
• Other Health Impairment
• Serious Emotional
Disability
• Specific Learning
Disability
• Speech or Language
Impairment
• Traumatic Brain Injury
• Visual Impairment
• Autism Spectrum
Disorder
• Deaf-Blindness
• Hearing Impairment
• Intellectual Disability
• Multiple Disabilities
…AND as a result, needs special education.
IDEA Eligibility
• Should you make a referral for special education?
• Pros and cons?
Referrals
• For children under Part B of the Act (3-21), only the
“parent” or school can make a referral.
• The referral itself can trigger some discipline
protections.
• In general, children with disabilities cannot have their
placement changed/be suspended more than 10 days for
behavior that is a “manifestation” of their disability.
• If the district had knowledge that a child has a disability
before the behavior occurs, then the child has the same
protections even if the child has not yet been found eligible
for special education.
Who is a “parent” under IDEA?
• A “parent” can be a foster parent, guardian, kinship
caregiver, or a surrogate appointed by the school or
court.
• Without a court appointment, the biological/adoptive parent
is the “parent” IF they attempt to act as parent for IDEA
purposes.
• Keeping parents involved in educational decisions can
support reunification.
Who is a “parent” under IDEA?
• If there is no one who meets the previous definition of
“parent,” an educational surrogate parent must be
appointed.
• Appointments can be the court or the district, but court
trumps.
• The court might appoint an ESP even if someone else
could be the parent.
• This is based in the juvenile court’s authority to act in the
child’s best interests.
• A designation promotes clarity and empowers active
decision-making.
• The ESP can never be someone who works for DHS or the
school district.
Eligibility Timeline
• The school district has 60 days from the date they
receive consent from the parent to make an
eligibility determination.
• Referral ≠ consent
• This means the district has to complete the
evaluation process and issue a decision about
whether the child is a child with a disability.
Transitions Pending Eligibility
• If a child moves school districts while an eligibility
determination is still pending, then the former does
not have to complete the evaluation within 60
days,
but ONLY IF:
• The new district is making “sufficient progress” to
complete the evaluation and the parent and new
district agree to a specific time when the evaluation
will be completed.
Substance of the Evaluation
• Child must be assessed in all areas of suspected
disability
• Variety of assessment tools and strategies
• Including outside evals that are provided to the school
• Must evaluate specific skills, not just overall ability
• If parent disagrees with evaluation, can request
independent evaluation at school’s expense.
Response to Intervention (RTI)
• RTI is a tiered system of interventions to help children
who are struggling in school to catch up.
• Lots of positives about RTI, but . . .
• RTI CANNOT be used to delay or deny an evaluation for
special education.
• Experiences with this?
Eligibility Workshop
Handout 5
The IEP
IDEA PART B CONTINUED
Steps in the IEP process
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Identification
Evaluation
Eligibility Determination
Develop IEP We are here
Implementation
Refer to Handout 7 – CDE’s Model IEP Form
Eligibility: Child found to
have a disability
Right to FAPE
FAPE = Implement the IEP
Members of the IEP team
Parents
Regular education teacher
Special education teacher
A representative of the school district who is
qualified to provide special education services, is
knowledgeable about and has authority to commit
district resources*
• Someone qualified to interpret evaluations
impacting the child’s
• Others who have knowledge regarding the child or
services
• The student, where appropriate
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When do you have an IEP meeting?
• Initial
• Determination of
eligibility
• Annual Review
• Review of Progress
• Triennial Evaluation
• Re-determination of
eligibility
• Special Request IEP
• Address specific
concerns outside of
annual review
• Transition IEP
• Facilitates transitions
from school to school
or transfers in-state or
out-of-state (not
always mandatory)
Significant Change in Placement
• When the district places or refers student to a private
school or facility school; and/or:
• Different nonacademic and extracurricular
opportunities
• Change in LRE category:
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Gen. ed. at least 80% of the time
Gen. ed. 40-79% of the time
Gen. ed. less than 40% of the time
Separate school
• Transfer in or out of online school
The IEP: Order of Operations
FIRST
• Present levels of academic achievement and
functional performance
• The first objective is to identify and understand the child’s
unique strengths and needs, including by reviewing
progress on previous IEP goals.
The IEP: Order of Operations
SECOND
• Annual goals, including academic and functional
goals
• Next, the IEP team sets annual goals that are appropriate
for the individual child.
Write SMART Goals
Specific:
List what you want your child to
know and be able to do
Measurable:
Observe and collect data to
show progress
Achievable:
Realistic in one year
Relevant:
Target areas of greatest need
Time-Limited:
Identify what the child will
learn in one year
Take 1:
Behavior Goal
• Sarah will pay attention
in class.
Academic Goal
• Sarah will improve her
reading.
Take 2:
Behavior Goal
• Sarah will pay attention
in class 90% of the time.
Academic Goal
• Sarah will improve her
reading fluency skills.
Take 3:
Behavior Goal
• Sarah will remain seated
and focused on
assignment for 20
minutes with no more
than 1 re-direct.
Academic Goal
• Sarah will improve her
DIBELS Oral Reading
Fluency score from 52
to 105
• (Note: this represents
improvement from midrange “at risk” for
beginning 4th grade to
high-range “some risk” for
beginning 5th grade)
The IEP: Order of Operations
THIRD
• Special Education and Related Services
• Next, the team decides what special education and related
services the child needs, given the child’s needs, strengths,
and goals discussed already.
• Special Education: Specially designed instruction, at
no cost to parents, to meet the unique needs of the
child
• Related Services: Transportation and such
developmental, corrective, and other supportive
services as are required to assist a child with a
disability to benefit from special education
IEP: Accommodations & Modifications
• Accommodations = changes in conditions or
environment
• Modifications = changes in content
The IEP: Order of Operations
FOURTH
• Placement
• Finally, the team decides on what placement, including how
much time in general education (“Least Restrictive
Environment”), is most appropriate given all of the above.
• General placement categories:
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Gen. ed. at least 80% of the time
Gen. ed. 40-79% of the time
Gen. ed. less than 40% of the time
Private school
Facility school
Residential school
The IEP: Supplementary Services
• Least Restrictive Environment:
• Children should be removed from the regular educational
environment only if education in regular classes with the use
of supplementary aids and services cannot be achieved
satisfactorily.
• Supplementary Aids and Services
• Services to enable students to be in the least restrictive
environment
• This should be discussed before determining a child needs a
more restrictive placement.
Parts of the IEP: Transition Services
• Transition refers to the transition from school to some
post-secondary plan.
• College
• Vocational training
• Employment
• Independent living
• Transition Goals and Services must be included
beginning with the first IEP developed when the child is
age 15, but no later than the end of 9th grade.
“As Needed” Parts of an IEP
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Assistive Technology
Communication Plan
Literacy Modality Plan/Learning Media Plan
Health Care Plan
Safety Plan
Behavior Intervention Plan
Transition Services (required for older students)
Preparing for IEP Meetings
• Do your homework – get the child’s records, review
them, consult with the child’s therapists, GAL,
teachers if possible, and others.
• Consider writing a letter to inform the school’s
representative in advance of what issues you’d like
to discuss and what you hope to achieve.
Behavior Intervention Plans
IDEA PART B > THE IEP CONTINUED
Functional Behavioral Assessment
Behavior Intervention Plans should start with a
Functional Behavioral Assessment
• Problem Behavior:
• Jerry, who has always struggled with math, is in 9th grade
Algebra I. In Algebra class, he refuses to work on assignments,
is disrespectful to the teacher, and walks out of class.
• Function/motivation of misbehavior?
• To avoid appearing “stupid” in front of his peers
• To avoid frustration and failure with challenging work
• Desired Replacement Behavior:
• Ask for help when work is challenging
• Use appropriate coping skills to manage frustration
Functional Behavioral Assessments
Skill Deficit?
Jerry does not have coping skills.
Jerry has learned coping skills,
but he rarely attempts to use
them.
Jerry has study skills, but he
chooses not to try.
Jerry doesn’t have study skills.
Jerry doesn’t have selfadvocacy skills.
vs.
Performance Deficit?
Jerry demonstrates selfadvocacy skills at times, but he
frequently chooses not to ask
for help because he is
embarrassed.
Behavior Intervention Plans
• The IEP team discusses the functional behavior
assessment in an IEP meeting.
• The team comes up with appropriate interventions
and identifies the triggers for when the interventions
are used.
• When Jerry works on task for 15 min, the teacher will…
• Jerry’s teachers will set a positive tone by greeting Jerry and
checking in with him at the beginning of class.
• This is written down and becomes a part of the IEP.
BIPs – Types of Interventions
• Interventions include steps to redirect behavior and
to address the function of the misbehavior in an
appropriate way.
• Prevention - make problem behavior irrelevant
• Teaching – teach new skills, make problem behavior
inefficient
• Extinction – Minimize reward, make problem behavior
ineffective
• Reinforcement – incentives for desired behavior
• Punishment (only if necessary)
• Safety (if relevant)
Behavior Interventions
Workshop
Handout 8
Discipline under IDEA
P R O T E C T I O N S F O R S T U D E N T S WI T H D I S A B I L I T I E S
Why extra protections?
• Long history of complete exclusion of children with
disabilities
• Schools are much more inclusive now, but push-out
continues today
Manifestation Determinations
• Children with disabilities cannot be removed for
more than 10 days for behavior that is a
manifestation of their disability.
Manifestation Determinations
• When a student’s misbehavior is “caused by, or had
a direct and substantial relationship to,” the child’s
disability, it is a manifestation.
• Because of the disability, was the child:
• Unable to control the behavior?
• Unable to understand the impact or consequences of the
behavior?
• Not the same as asking whether the child knew right from
wrong.
Manifestation Determinations
• If the conduct was the direct result of the school’s
failure to implement the IEP or BIP, it is always a
manifestation.
When does the IEP Team make a
manifestation determination?
• Whenever a school changes or proposes to change
the placement of a student with a disability for
disciplinary reasons
More than 10 days suspension in school year
=
Change in placement (usually)
When Behavior is a manifestation
• If the conduct IS a manifestation of the disability,
the school must conduct a Functional Behavioral
Assessment (unless already done) and create or
revise a Behavior Intervention Plan.
• The student must be returned to school, unless the
parent and school agree to a change in
placement as a part of the modification of the
behavior intervention plan.
• 34 CFR § 300.530(f)(2)
When Behavior is not a manifestation
• The child can be disciplined like any other child,
• But, even when suspended or expelled, children
with disabilities are guaranteed FAPE.
• They must receive services starting on the 11th day of
removal for that school year.
Exceptions for Dangerous Conduct
• Exception to the rule: Regardless of the
manifestation determination, if the student:
• Had a WEAPON
• Had or used illegal DRUGS or a controlled substance
• Inflicted SEROIUS BODILY INJURY
• Then the student may be removed to an “interim
alternative setting” for up to 45 school days.
IDEA Dispute Resolution
Dispute Resolution Options
• State complaint
•
•
•
•
May trigger an investigation by a State Complaint Officer
One year statute of limitations
Systemic relief available
Not appealable, but can follow with Due Process
• Due Process Appeal
•
•
•
•
A full hearing before the Colorado Administrative Court
Two year statute of limitations
No systemic relief available
Appealable federal district court
• Mediation
• Facilitated by an impartial mediator.
Dispute Resolution Options
• http://www.cde.state.co.us/spedlaw/index.htm
• Formal dispute resolution can be costly and time
consuming. Resolving issues at the district level is
usually preferred.
Discipline in General Education
PROTECTIONS FOR ALL STUDENTS
Due Process
• Children have rights to at least minimal due process
before being suspended from school.
• Goss v. Lopez
• At the very least, an explanation of why the student is being
punished and an opportunity to respond.
• School districts and schools must follow their own
policies.
Appeals in Colorado
• School must notify parent or guardian immediately
of the suspension and arrange a time to meet to
“review” the suspension.
Short-Term Suspensions
• Suspension for ten days or less:
• Informal hearing by the school principal or the principal's
designee prior to the pupil's removal from school,
• Unless an emergency requires immediate removal from
school, in which case an informal hearing shall follow “as
soon after the pupil's removal as practicable.”
Long-Term Suspensions
• “Something more” for suspensions longer than 10
days. Goss v. Lopez
•
•
•
•
Right to counsel?
Right to examine witnesses?
Impartial hearing officer?
Written findings?
Long-Term Suspensions
• Suspension for more than ten days:
• Opportunity to request a review of the suspension before an
appropriate official of the school district.
Grounds For Suspension
• C.R.S. 22-33-16 lists all the potential grounds for
suspension.
• Schools & Districts still have to follow their own policies, but
within this framework.
• The only zero tolerance law mandated in Colorado is
that if a student brings a gun to school, they must be
expelled for 1 year.
• This is required by federal law (20 U.S.C. § 7151)
• Even this can be modified on a case-by-case basis
Make-Up Work
• The school “shall provide an opportunity” for the
student to make up school work while they are
suspended.
• The school district determines how much credit to
give for the make-up work.
• They should “take into consideration” that purpose of this
law is to allow the student to reintegrate into school.
• C.R.S. § 22-33-105(3)(d)(3)
District & School Policies
• Go to the school district’s website and look for
“school board” and then “policies.”
• The discipline section is usually a subsection under
“students” or “pupils”
• The subsections are in numerical or alphabetical order
• School policies
• Sometimes the student handbook is on the school’s website,
but you may have to request a copy.
Colorado Discipline Statutes
• C.R.S. § 22-33-105
• C.R.S. § 22-33-106
• C.R.S. § 22-33-106.3
Issue Spotting Workshop
Handout 9