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DELTA COUNTY SCHOOL DISTRICT

Independent Expulsion Hearing Officer

Contract Position Compensation: $425 per case (1099 Independent Contractor)

Position Title Independent Expulsion Hearing Officer District Delta County School District, Colorado Classification Independent Contractor (1099) not a district employee Compensation $425 flat fee per completed case, invoiced upon submission of written findings Reports To Superintendent or Superintendent's designee

Position Summary

The Independent Expulsion Hearing Officer conducts impartial student expulsion hearings on behalf of Delta County School District, ensuring due process and full compliance with Colorado Revised Statutes Title 22, Article 33, and applicable district policy. The Hearing Officer serves as an independent contractor, not a district employee, and issues a written recommendation to the Superintendent and Board of Education, which retains final decision-making authority.

Key Responsibilities

• Review case files, disciplinary referrals, and evidence submitted by the district prior to the hearing.
• Confirm no conflict of interest exists with the student or any alleged victim before accepting a case, per C.R.S. 22-33-105(2.4)(a).
• Verify the district has provided all supporting evidence to the student and parent/guardian at least two business days (school days in session) prior to the hearing.
• Conduct the hearing: administer oath, hear testimony from school staff, the student, parent/guardian, and witnesses, and pose clarifying questions.
• Apply the preponderance-of-the-evidence standard, with the burden of proof resting on the school district.
• Evaluate and document the statutory factors required under C.R.S. 22-33-106: the student's age, disciplinary history, disability status, the seriousness of the violation, whether the violation threatened student or staff safety, and whether a lesser intervention could address the violation.
• Prepare a written report of findings of fact and a recommendation, and submit it to the Superintendent within the district's required timeframe.
• Maintain strict confidentiality of student records in accordance with FERPA.
• Maintain accurate records of each hearing conducted.

Colorado Training & Compliance Requirements

• Complete the Colorado Department of Education's initial 5-hour Expulsion Hearing Officer training within 30 days of first accepting a case.
• Complete annual refresher training to remain current on school discipline law and maintain eligibility.
• Demonstrate working knowledge of C.R.S. Title 22, Article 33 (Student Conduct and Discipline) and current district policy.
• Serve with demonstrated impartiality; disclose any potential conflict of interest immediately upon case assignment.

Qualifications

• Background in education law, administrative law, or K-12 student discipline (J.D., retired school administrator, or certified hearing officer preferred).
• Completion of, or documented eligibility to complete, the CDE Expulsion Hearing Officer training program.
• No current employment relationship with Delta County School District or personal relationship with the student's family.
• Strong written communication skills for preparing findings-of-fact reports.
• Ability to manage confidential and sensitive information professionally.

Compensation & Contract Terms

• $425 flat fee per completed case, covering file review, hearing facilitation, and the written findings report.
• Payment issued via invoice upon submission of the completed written recommendation.
• Engaged as an independent contractor (1099); no district benefits, leave, or employment protections apply.
• Assignments made on a per-case, as-needed basis; no guaranteed minimum number of cases.

Nature of the Role

The Hearing Officer's recommendation is advisory. Final authority to expel a student rests with the Delta County Board of Education, consistent with C.R.S. 22-33-105(1)(c). The hearing is administrative in nature; formal rules of evidence do not apply, though proceedings must remain fair, impartial, and well-documented.

Equal Employment Opportunity

In compliance with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and applicable Colorado law, Delta County School District 50J is committed to equal opportunity and does not unlawfully discriminate in its educational programs, activities, services, or employment. For complete information, please refer to Board Policy AC: Nondiscrimination/Equal Opportunity.