What Counts as a Violation of Due Process for Public School Students in Colorado?

Why Due Process Matters in Public Education

Every student in a Colorado public school has the right to a fair process when facing serious disciplinary action. These rights are protected by the Fourteenth Amendment to the United States Constitution, which guarantees that no state shall deprive any person of life, liberty, or property without due process of law. In the school context, that means students must be given a fair opportunity to respond before they are suspended, expelled, or otherwise removed from access to education. 

When schools fail to meet these obligations, they may be violating a student's constitutional rights. Public education is not just a service; it is a protected interest. Because of that, public schools are required to follow specific procedures when disciplining students. Those procedures are meant to ensure fairness and prevent arbitrary decisions.

What Situations Require Due Process in Colorado Schools?

Due process becomes a legal requirement when a school decides to take action that will significantly affect a student’s right to attend school or impact their future. These situations include:

• Out-of-school suspensions, particularly longer than ten days
• Expulsions or recommendations for permanent removal from school
• Disciplinary transfers to alternative schools
• Disciplinary records that may affect college admissions or job opportunities

In these cases, the student’s right to a public education is considered a property interest. When the discipline could also harm the student’s reputation, such as in cases involving accusations of violence, weapons, or harassment, it may also involve a liberty interest. In either case, schools must offer procedural protections before imposing discipline.

What Does a Fair Disciplinary Process Look Like?

The United States Supreme Court has set clear expectations for what constitutes a fair process in public school discipline. In the landmark case Goss v. Lopez, the Court held that students facing suspension must be given notice of the charges and an opportunity to be heard. For short-term suspensions of ten days or fewer, this process may be informal but must still include:

• A clear explanation of what the student is accused of doing
• A summary of the evidence the school is relying on
• A chance for the student to tell their side of the story

This meeting should take place before the student is removed from school, except in emergency situations where immediate action is necessary. If the student is removed first, the school must still provide the opportunity for explanation shortly afterward. For long-term suspensions, expulsions, or alternative placements, a more formal process is required. In Colorado, this typically includes:

• Written notice of the proposed disciplinary action
• A hearing before a neutral decision-maker
• The right to bring legal counsel or an advocate
• The opportunity to present evidence and call witnesses
• A chance to challenge the school’s evidence and question witnesses
• An appeal process after the decision is made

In all cases, the process must be meaningful. Schools cannot treat the hearing as a formality. They must consider the evidence presented and issue a decision based on facts.

Examples of Due Process Violations

Schools do not always get it right. Even when administrators are acting in good faith, they may miss critical steps or make decisions without providing proper notice. Common due process violations include:

• Suspending or expelling a student without first giving them a chance to respond
• Failing to notify the student and their parents of the charges in writing
• Denying the student a hearing when the consequences are long-term
• Assigning a school official to the case who is biased or directly involved in the incident
• Preventing the student from presenting witnesses or submitting evidence in their defense

These types of actions can result in real harm to students. They may miss weeks or months of class, fall behind academically, or lose scholarships and future opportunities. In the worst cases, students are labeled as dangerous or disruptive without a fair chance to defend themselves.

How Colorado Law Supports Student Rights

In addition to federal protections, Colorado has specific laws that outline student discipline procedures. These laws reinforce the importance of notice and hearing rights and place limits on how and when schools can impose harsh punishments. For example, schools are encouraged to use restorative practices before turning to suspension or expulsion. Districts must also consider the age and needs of the student, including whether they have an Individualized Education Program (IEP) or a 504 plan. 

Colorado law also requires schools to document the steps they take during the discipline process. If a family requests a hearing or appeal, the district must maintain records that show the decision was made fairly. Students with disabilities have additional protections under the Individuals with Disabilities Education Act (IDEA). Schools must follow specific procedures before disciplining a student with a disability, including conducting a manifestation determination review.

Call Ernst Legal Group if You Suspect a Due Process Violation

If you believe your child has been suspended or expelled without a fair hearing, it is important to act quickly. Start by requesting a copy of the school’s disciplinary policy and any records related to your child’s case. You have the right to challenge the decision and request a hearing. You also have the right to seek legal representation. 

An attorney can help you understand your rights and determine whether the school violated the law. In some cases, it may be appropriate to pursue legal action against the school district. Courts can order the school to reverse the disciplinary action, clear the student's record, or provide compensation for lost educational opportunities.

If your child has been removed from school without a fair process, contact us. We represent students and families throughout Colorado and are committed to protecting their constitutional rights in education.