IEP Discipline Procedures in Colorado
Can a school suspend or expel a student with an IEP in Colorado?
Colorado student discipline procedures for children with disabilities follow the federal framework established at 34 CFR §§300.530–300.537, as adopted by 1 CCR 301-8 (ECEA Rules), §6.02(10). Colorado's Abbreviated School Day Schedule policy (ECEA Rules §8.01(1)(j)) creates an important Colorado-specific discipline protection: when a school unilaterally shortens a child's school day to address behavioral concerns — such as calling parents to pick up a child early, excluding from class, or informally placing on an abbreviated schedule — this constitutes a disciplinary removal and counts toward the cumulative 10-school-day threshold that triggers manifestation determination and disciplinary change-of-placement protections. Expedited due process hearings for disciplinary placements must occur within 20 school days of the complaint filing, with an Administrative Law Judge (ALJ) decision within 10 school days of the hearing (ECEA Rules §6.02(7.5)(i)(ii)(A)). Colorado's Children's Act for Positive Practices (C.R.S. §22-20-108.5) further shapes disciplinary practice by requiring positive behavioral interventions before more restrictive responses.
What Colorado Requires
Student discipline procedures must be consistent with 34 CFR §§300.530–300.537, including manifestation determination reviews, protections for children not yet determined eligible, and interim alternative educational settings (1 CCR 301-8, §6.02(10)).
A manifestation determination review must occur within 10 school days when a removal constitutes a disciplinary change of placement (more than 10 cumulative school days or a pattern of removals) (34 CFR 300.530(e)).
Unilateral school-initiated shortening of a child's school day for behavioral reasons is a disciplinary removal and counts toward the 10-day cumulative threshold; all such removals must be accurately tracked (1 CCR 301-8, §8.01(1)(j)(ii)).
Services must continue for students suspended or expelled for more than 10 cumulative school days in a school year, enabling progress toward IEP goals (34 CFR 300.530(b)(2), (d)).
Special circumstances allow removal to an interim alternative educational setting for up to 45 school days for weapons, drugs, or serious bodily injury offenses regardless of manifestation (34 CFR 300.530(g)).
Key Timelines
Manifestation determination review must occur within 10 school days of a change of placement decision (34 CFR 300.530(e)).
Expedited due process hearing for disciplinary matters must occur within 20 school days of the complaint filing (1 CCR 301-8, §6.02(7.5)(i)(ii)(A)).
ALJ must issue decision within 10 school days of the expedited hearing (1 CCR 301-8, §6.02(7.5)(i)(ii)(A)).
Interim alternative educational settings may last up to 45 school days (34 CFR 300.530(g)).