The short version
- Your rights depend on the setting. Colorado's PK-2 limits (HB19-1194) cover school districts, charter schools and certain state- or federally funded preschools. Private child care falls under the ADA. A child with an IEP also has federal discipline protections.
- Under Colorado law, a preschool through second grade student can be suspended or expelled only for a weapon, drugs, or conduct that endangers the health or safety of others, and only if removal is needed for a safety threat the school cannot otherwise address.
- Out-of-school suspensions for these grades are capped at three school days unless a longer period is needed to resolve the safety threat or the student is recommended for expulsion.
- Asking you to pick your child up for discipline, even briefly, counts as a suspension for these grades.
- Colorado's Early Childhood Mental Health Support Line, (833) 326-4411, is a no-cost, confidential service for anyone who cares for a child under six.
Aggressive behavior at school or daycare in Aurora can lead to a phone call, a sent-home note, or a request to find a different program. Before you decide what to do, find out which rules cover the place your child attends. Colorado law, the Americans with Disabilities Act and federal special education law each protect children in different settings.
Information current as of October 2026. This is general information, not legal advice. For a specific case, ask the school for its policy in writing and consider talking to a special education advocate or attorney.
Which rules apply to my child’s setting?
| Setting | Main rule | What it limits |
|---|---|---|
| Aurora Public Schools, Cherry Creek School District or another district school, preschool through 2nd grade | Colorado HB19-1194 (C.R.S. 22-33-106.1) | Suspension and expulsion |
| Charter school or state-funded community preschool | Same Colorado statute | Suspension and expulsion |
| Private child care center | Americans with Disabilities Act | Excluding a child because of a disability |
| Any student with an IEP | Federal IDEA discipline rules (34 CFR 300.530) | Removals of 10 school days or more, and the link between behavior and disability |
The rules stack. A kindergartner with an IEP has the Colorado limits and the IEP protections.
What does Colorado law say about preschool through 2nd grade?
Governor Polis signed HB19-1194 on May 13, 2019, and it took effect July 1, 2020. (Colorado General Assembly) It is now C.R.S. 22-33-106.1. All three conditions below must be true before a covered school can suspend or expel a student in preschool, kindergarten, first grade or second grade:
- The student’s conduct, on school grounds, in a school vehicle, or at a school activity, involves an unauthorized dangerous weapon, a controlled substance, or conduct that “endangers the health or safety of others.”
- Keeping the student in the building would create “a safety threat that cannot otherwise be addressed.”
- The school considers each factor in its general discipline statute case by case and documents the behavioral and disciplinary interventions it used first.
An out-of-school suspension cannot exceed three school days. It can run longer only if the chief administrator or a designee decides a longer period is necessary to resolve the safety threat, or if the student is recommended for expulsion. (C.R.S. 22-33-106.1)
Two details stand out. First, if a school asks a parent to pick up a child for disciplinary reasons, even briefly, that request counts as a suspension. Second, the statute does not stop a school from removing or disenrolling a child for reasons unrelated to discipline. The state board also cannot waive these provisions for districts or charter schools, and it reviews suspension and expulsion data for these grades each year. (Colorado General Assembly)
The statute does not list specific behaviors, so a school may point to hitting under the “endangers” trigger. The other two conditions still apply, and the documentation requirement is the part you can ask to see.
What are a daycare’s duties under the ADA?
Private child care centers fall under Title III of the ADA. Nearly all providers are covered, whatever their size, except programs controlled by religious organizations. The Department of Justice says centers:
- cannot exclude children with disabilities, apart from narrow exceptions;
- must adjust policies and practices unless the change would fundamentally alter the program;
- can exclude a child only when the child poses “a substantial risk of serious harm to the health and safety of others,” judged through an individualized assessment and not through generalizations about a disability.
For biting or hitting, the DOJ says a center should first try reasonable steps with the family. Expulsion may follow if those efforts fail and the child still poses a risk. (ADA.gov)
If you think a licensed program broke licensing rules, the state’s child care complaint line is 1-800-799-5876. (Colorado Department of Early Childhood)
What protections come with an IEP?
Federal rules for students with disabilities add these steps. (34 CFR 300.530)
- Short removals. A school can remove a child for up to 10 consecutive school days for a conduct violation, if it would do the same for children without disabilities. After 10 school days of removal in a year, the school must provide services during further removals.
- Manifestation determination. Within 10 school days of deciding on a change of placement, the school, the parent and relevant IEP team members review the file. They decide whether the conduct was caused by, or had a direct and substantial relationship to, the child’s disability, or resulted directly from the school’s failure to implement the IEP.
- If it is a manifestation. The team completes a functional behavioral assessment (unless one was already done) and puts a behavior intervention plan in place or revises the one that exists. The child generally returns to the prior placement unless you and the school agree otherwise.
- Exceptions. For weapons, drugs, or serious bodily injury at school, a school can move a child to an interim alternative setting for up to 45 school days whatever the manifestation finding says.
- Notice. The day a removal that changes placement is decided, the school must notify you and give you the procedural safeguards notice.
Our guide to Aurora Public Schools and Cherry Creek autism supports covers how to request an evaluation and an IEP.
What do I do the week it happens?
- Ask what happened in writing: the date, the time, what came before, and what staff did.
- Ask which rule the school is relying on. For preschool through second grade in a district school, ask where the safety threat and the earlier interventions are documented.
- Ask the school to hold a team meeting. If your child has an IEP, ask whether the removals add up to 10 school days.
- Share what works at home and ask the teacher what they tried.
- Call the Early Childhood Mental Health Support Line for a consultant who can talk through next steps, and ask your pediatrician about anything medical, such as sleep or pain.
The support line is a no-cost, confidential resource for anyone who cares for a child under six. It connects you to an experienced consultant who can help you identify supports and refer you to a team in your area. The state says it also helps early childhood professionals promote warm, responsive care, reduce stress, and reduce suspensions and expulsions. Call (833) 326-4411. (Colorado Department of Early Childhood)
Where does ABA fit?
ABA is one tool among these. The Council of Autism Service Providers says that when behavior is disruptive or dangerous, a functional assessment is warranted. It identifies where, when and the likely reasons the behavior happens, using caregiver interviews, rating scales and direct observation. The findings go into a plan built around the reason for the behavior. (CASP) Federal IDEA rules call for a similar functional assessment and behavior plan after a manifestation finding.
That is the part a school team can use. A BCBA can bring a written behavior plan and data to a school meeting, and school-based ABA can support your child in the classroom where the school agrees. Social skills training works on the skills behind the incident, such as asking for a break or waiting a turn, and parent training helps you use the same plan at home. Talk to your pediatrician or BCBA about your child. We take all major insurance including Medicaid, have no waitlist and start families within two weeks of approval. Contact us.
Sources
- Colorado General Assembly, HB19-1194: School Discipline for Preschool Through Second Grade
- Colorado Revised Statutes 22-33-106.1 (text)
- Colorado Department of Early Childhood, Early Childhood Mental Health Support Line
- ADA.gov, Child Care Centers and the ADA
- 34 CFR 300.530, Authority of school personnel (IDEA discipline)
- Council of Autism Service Providers, ABA Practice Guidelines (Version 3.0)