FEDERAL & COLORADO LAW Education Law in the Child Welfare System.

FEDERAL & COLORADO LAW

Education Law in the Child Welfare System

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 self-

sufficiency

• 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

• 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 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

All Colorado Students

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

• 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: §22-33-103.5(5)

McKinney-Vento Homeless Assistance Act

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:• 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.• Affects many areas of

child welfare law; we are just looking at educational stability

• “Ensures” educational stability for children in out-of-home placements• 42 U.S.C. § 675(1)(G)

Fostering Connections

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

• Stay in same school if in best interests• Transportation implied

OR• Immediate enrollment

in new school • Only if staying in same

school is not in best interests

C.R.S. § 19-3-213

• 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.”• 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:• 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:• 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

C.R.S. §22-32-138 (HB 08-1019)

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.

FERPAFAMILY EDUCATIONAL RIGHTS & PRIVACY ACT

Family Educational Rights and Privacy Act

• “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:• 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 504OF 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:• 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:• 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

Multi- Disciplinary 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.”• 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?

…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

• Identification• Evaluation• Eligibility Determination• Develop IEP We are here• Implementation

Refer to Handout 7 – CDE’s Model IEP Form

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

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:• 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 mid-range “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:• 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

• 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 PlansIDEA 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

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 IDEAPROTECTIONS FOR STUDENTS WITH DISABILITIES

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 6