HB23-1109 Summary

• School districts must provide all records intended as evidence in expulsion hearings to students or parents at least 5 business days before the hearing, with immediate provision of any newly discovered records.

• Students and parents have the right to cross-examine adverse witnesses and must be notified at least 5 business days before hearings if written statements or oral testimony will be presented.

• School districts must prove by clear and convincing evidence that expulsion or denial of admission is necessary, and must establish a direct and substantial nexus between off-campus conduct and imminent threats to school safety; criminal charges unrelated to school events are not automatic grounds for discipline.

• Hearing officers must receive annual training on state and federal school discipline laws including IDEA, Section 504, and must recuse themselves if conflicts of interest exist; officers involved in investigating incidents cannot serve as hearing officers.

• Courts may award reasonable attorney fees and litigation expenses if they find a school district violated a student's or parent's constitutional or statutory rights in expulsion proceedings.