C.R.S. § 22-20-101 Short title
22-20-101. Short title. This article shall be known and may be cited as the "Exceptional Children's Educational Act".
Education of Exceptional Children
C.R.S. tit. 22, art. 20
in effectC.R.S. § 22-20-102 Legislative declaration
22-20-102. Legislative declaration. (1) The general assembly, recognizing the obligation of the state of Colorado to provide educational opportunities to all children that will enable them to lead fulfilling and productive lives, declares that the purpose of this article is to provide means for identifying and educating those children who are exceptional. To this end, it is necessary to define specific responsibilities for identifying and serving children with disabilities that appropriately reflect the continuum of services that recognizes the capabilities of all state agencies, including special classes in public schools and the establishment of special schools, programs for children with disabilities who are confined to their homes or hospitals, and instruction in institutions of the state for children with disabilities. The final determination for the placement in a special education program of any eligible child with a disability shall be made by a child's individual family service program for a child from birth through two years of age and a child's individualized education program team for a child from three to twenty-one years of age as designated by the governing board of the responsible administrative unit or by the governing authority of a state-operated program.
(2) It is the intent of the general assembly, in keeping with accepted educational principles, that children from three to twenty-one years of age with disabilities shall be educated in the least restrictive environment to the maximum extent appropriate. To this end, the services of special education personnel shall be utilized within the general school programs to the maximum extent permitted by good educational practices, both in rendering services directly to children and in providing consultative services to general classroom teachers.
(3) It is further the intent of this part 1 to ensure that there is a coordination of all services available to children with disabilities and to promote interagency operating agreements or contracts between administrative units, other public agencies, nonprofit organizations, and approved facility schools for the provision of appropriate services for children with disabilities.
(4) It is further the intent of the general assembly that this part 1, and the rules promulgated pursuant to this part 1 by the state board, align closely with the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 300 and 34 CFR part 303 as it pertains to child find, in order to minimize the number of rules, regulations, and policies to which administrative units, state-operated programs, and approved facility schools are subject.
(5) Nothing in this part 1 shall be construed to affect the placement of children out of the home or alternatives to such placements as provided in section 19-1-116, C.R.S.
C.R.S. § 22-20-102.5 Legislative declaration - identification of gifted children
22-20-102.5. Legislative declaration - identification of gifted children. (Repealed)
C.R.S. § 22-20-103 Definitions
22-20-103. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "Administrative unit" means a school district, a board of cooperative services, a multi-district administrative unit, a charter school network, a charter school collaborative, or the state charter school institute, that is providing educational services to exceptional children and that is responsible for the local administration of this article 20.
(2) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10, 2011.)
(2.5) "Applicable revenues" means those revenues, as defined by rules promulgated by the state board pursuant to this article, that support special education expenditures.
(2.7) "Approved facility school" means an educational program that is operated by a facility to provide educational services to students placed in the facility and that, pursuant to section 22-2-407, has been placed on the list of facility schools that are approved to receive reimbursement for providing those educational services to students placed in the facility. An educational program provided by an administrative unit at a facility is not an approved facility school but is an educational program of the administrative unit that does not require approval by the department.
(3) "Board of cooperative services" means a regional educational services unit created pursuant to article 5 of this title and designed to provide supporting, instructional, administrative, facility, community, or any other services contracted by participating members.
(3.4) "Charter school collaborative" means a charter school collaborative formed pursuant to section 22-30.5-603.
(3.5) "Charter school network" means a charter school network formed pursuant to section 22-30.5-104.7.
(4) "Child find" means the program component of the IDEA that requires states to find, identify, locate, evaluate, and serve all children with disabilities, from birth to twenty-one years of age. Child find includes:
(a) Part C child find, administered by the department of human services, is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from birth through two years of age; and
(b) Part B child find, administered by the department, is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from three to twenty-one years of age.
(5) (a) "Children with disabilities" means:
(I) Those persons from three to twenty-one years of age who, by reason of one or more of the following conditions, are unable to receive reasonable benefit from general education:
(A) Autism spectrum disorders;
(B) A hearing impairment, including deafness;
(C) A serious emotional disability;
(D) An intellectual disability;
(E) Multiple disabilities;
(F) An orthopedic impairment;
(G) Other health impairment;
(H) A specific learning disability;
(I) A speech or language impairment;
(J) Traumatic brain injury;
(K) A visual impairment, including blindness; and
(L) Deaf-blindness.
(M) Repealed.
(II) Those persons from birth through two years of age who have been determined to be an infant or a toddler with a disability;
(III) Those persons from three through eight years of age who have been determined pursuant to 34 CFR 300.8 (b) to be children experiencing developmental delays.
(b) Notwithstanding the provisions of paragraph (a) or (b) of this subsection (5), for purposes of child find activities, "children with disabilities" means persons from birth to twenty-one years of age.
(6) "Communication mode or language" means one or more of the following systems or methods of communication applicable to children who are deaf or hard of hearing:
(a) American sign language;
(b) English-based manual or sign systems; or
raph (a) or (b) of this subsection (5), for purposes of child find activities, "children with disabilities" means persons from birth to twenty-one years of age.
(6) "Communication mode or language" means one or more of the following systems or methods of communication applicable to children who are deaf or hard of hearing:
(a) American sign language;
(b) English-based manual or sign systems; or
(c) Oral, aural, or speech-based training.
(7) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(8) "District charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title.
(8.3) "Early intervening services" means programs and activities for students in kindergarten through grade twelve, with an emphasis on students in kindergarten through grade three, who at the time they receive early intervening services are not identified as children with disabilities, but who need additional academic and behavioral supports in order to succeed in a general education environment.
(8.5) Repealed.
(8.7) "Educational placement" means the provision of special education services, including but not limited to those points along the continuum of alternative placements. "Educational placement" does not mean a specific place, such as a specific classroom or school.
(9) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1478, § 11, effective August 10, 2011.)
(9.5) "Emergency public placement" means a public placement made necessary because of an imminent danger to a child or others.
(10) "Equipment" means that equipment used especially for the instruction or assessment of children with disabilities.
(11) "Evaluation" means, for the purposes of part B child find, procedures used under IDEA for children with disabilities to determine whether a child has a disability and the nature and extent of special education and related services that the child will need.
(12) "Exceptional child" means:
(a) A child defined in subsection (5) of this section as a child with a disability. An administrative unit shall serve every child with a disability from three to twenty-one years of age.
(b) A child defined in section 22-20-202 (11) as a gifted child. Pursuant to section 22-20-204 (1), an administrative unit shall adopt and submit to the department a program plan to identify and serve gifted children who are at least five years of age.
(12.3) "Facility" means a day treatment center, residential child care facility, or other facility licensed by the department of human services pursuant to section 26-6-905 or a hospital licensed by the department of public health and environment pursuant to section 25-1.5-103.
(12.7) "Foster home" has the same meaning as a "foster care home" as defined in section 26-6-903 and must be licensed by the state department of human services or certified by a county department of human or social services or certified by a child placement agency as defined in section 26-6-903.
(13) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10, 2011.)
(13.3) "Group home" means a congregate care facility licensed by the department of human services pursuant to section 26-6-905.
(13.5) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10, 2011.)
(14) "IDEA" means the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 300 and also 34 CFR part 303 as it pertains to child find.
(15) "Individualized education program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with this part 1 and the rules promulgated by the state board.
h Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 300 and also 34 CFR part 303 as it pertains to child find.
(15) "Individualized education program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with this part 1 and the rules promulgated by the state board.
(16) "Individualized family service plan" or "IFSP" means a written statement developed by an entity representing the department of human services for a child from birth through two years of age with a disability, which statement is developed, reviewed, and revised in accordance with part C child find of IDEA and with rules promulgated by the department of human services.
(17) "Institute charter school" means a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title.
(18) "Least restrictive environment" means that:
(a) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who do not have disabilities; and
(b) Special classes, separate schooling, or other removal of children with disabilities from the general educational environment occurs only if the nature and severity of the disability is such that education in general classes with the use of supplementary aids and services cannot be satisfactorily achieved.
(19) "Literacy mode" means one of the following four systems or methods of achieving literacy applicable to blind children:
(a) "Auditory mode" means any method or system of achieving literacy that depends upon the auditory senses, including the use of readers, taped materials, electronic speech, speech synthesis, or any combination of the above.
(b) "Braille" means the system of reading and writing by means of raised points, commonly known as standard English braille.
(c) "Print enlargement" means any method or system of achieving literacy that includes optical aids to enhance apprehension of printed material, electronic enlargement of printed material, books and textual materials printed in large print, and any combination of the above.
(d) "Regular print mode" means any method or system of achieving literacy that depends upon the apprehension of regular-sized printed material.
(19.3) "Multi-district administrative unit" means a group of two or more school districts that did not form a board of cooperative services but were parties to an agreement existing on January 1, 2011, to provide educational services to exceptional children and to be responsible for the local administration of this article, which group of school districts the department recognized as of January 1, 2011, as an administrative unit.
(19.7) (a) "Parent" means:
(I) A biological or adoptive parent of a child;
(II) A foster parent;
(III) A guardian generally authorized to act as a child's parent, or authorized to make educational decisions for the child, but not the state if the child is a ward of the state;
(IV) An individual acting in the place of a biological or adoptive parent, including but not limited to a grandparent, stepparent, or other relative, and with whom the child lives, or an individual who is legally responsible for the child's welfare; or
(V) An educational surrogate parent assigned by the responsible administrative unit consistent with rules promulgated by the state board in accordance with this article.
ng in the place of a biological or adoptive parent, including but not limited to a grandparent, stepparent, or other relative, and with whom the child lives, or an individual who is legally responsible for the child's welfare; or
(V) An educational surrogate parent assigned by the responsible administrative unit consistent with rules promulgated by the state board in accordance with this article.
(b) (I) Except as provided in subparagraph (II) of this paragraph (b), the biological or adoptive parent, when attempting to act as a parent pursuant to this article, and when more than one party is qualified pursuant to paragraph (a) of this subsection (19.7) to act as a parent, shall be presumed to be the parent for purposes of this subsection (19.7) unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(II) If a judicial decree or order identifies a specific person or persons listed in subparagraphs (I) to (IV) of paragraph (a) of this subsection (19.7) to act as the parent of a child or to make educational decisions on behalf of a child, then the person or persons shall be determined to be the parent for purposes of this article.
(20) "Public agency" means a public agency that:
(a) Is not an administrative unit; and
(b) Is legally authorized to place a child in a facility or another out-of-home placement, including but not limited to a group home or a foster home.
(21) "Public placement" means the placement of a child with a disability in a facility or another out-of-home placement, including but not limited to a group home or foster home, by a court or public agency.
(22) "School district" means a school district organized and existing pursuant to law, but shall not include a local college district.
(22.7) "Special education expenditures" means those expenditures that are incurred by an administrative unit, state-operated program, or approved facility school for professional services associated with special education referrals and evaluations of children who may have a disability and the provision of special education services as identified on an individual student's individualized education program. Special education expenditures do not include the costs of the general education program. Special education expenditures shall be supplemental to the general education program and shall be above what is provided by the administrative unit, state-operated program, or approved facility school for general education students and staff and may include:
(a) Special education teachers;
(b) Home-hospital teachers for students with disabilities;
(c) Speech-language pathologists and speech-language pathology assistants;
(d) Specialty teachers;
(e) Special education instructional paraprofessionals;
(f) Educational interpreters;
(g) School nurses;
(h) Occupational therapists and occupational therapy assistants;
(i) Physical therapists and physical therapy assistants;
(j) School psychologists;
(k) School social workers;
(l) Audiologists;
(m) Orientation and mobility specialists;
(n) Other special education professionals;
(o) Special education administrators and office support;
(p) Other noncertified or nonlicensed support;
(q) Employee benefits for special education staff;
(r) Supplies, materials, and equipment used for individual students' special education programs and services;
(s) Purchased service contracts for personal services;
(t) Tuition to other administrative units and approved tuition rates to approved facility schools for special education;
(u) Staff travel related to special education;
(v) Professional development for special education staff, or all staff, if the content of the professional development is specific to services for children with disabilities;
(w) Other purchased services related to special education;
(x) Dues, fees, and other expenditures specific to the special education program; and
chools for special education;
(u) Staff travel related to special education;
(v) Professional development for special education staff, or all staff, if the content of the professional development is specific to services for children with disabilities;
(w) Other purchased services related to special education;
(x) Dues, fees, and other expenditures specific to the special education program; and
(y) Parent counseling and training, as defined by the IDEA and its implementing regulations.
(23) "Special education services" or "special education programs" means the services or programs provided to a child with a disability in conformity with the child's IEP.
(24) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10, 2011.)
(25) "Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written. The disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, and includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. "Specific learning disability" does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities; an intellectual and developmental disability; an emotional disturbance; or an environmental, cultural, or economic disadvantage.
(26) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
(27) "State charter school institute" means the state charter school institute created pursuant to part 5 of article 30.5 of this title.
(28) "State-operated program" means an approved school program supervised by the department and operated by:
(a) The Colorado school for the deaf and the blind;
(b) The department of corrections; or
(c) The department of human services, including but not limited to the division of youth services and the mental health institutes.
C.R.S. § 22-20-104 Administration - advisory committee - rules
22-20-104. Administration - advisory committee - rules. (1) (a) The department shall administer this part 1. Administration of this part 1 includes the recommendation to the state board of reasonable rules necessary to implement this part 1, including but not limited to:
(I) Minimum standards for administrative units, state-operated programs, approved facility schools, and personnel;
(II) Criteria for determining disability and eligibility for special education services;
(III) Procedures regarding the identification of children with disabilities pursuant to part B child find;
(IV) Requirements for parental consent, including but not limited to parental consent for the evaluation of children with disabilities and the initial provision of special education services;
(V) Required IEP content and procedures for IEP development, review, and revision;
(VI) Application of school discipline procedures to children with disabilities;
(VII) Required procedural safeguards;
(VIII) Procedures for special education dispute resolution;
(IX) Extended school year services; and
(X) Requirements pursuant to the IDEA regarding children with disabilities who are enrolled in private schools.
(XI) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1483, § 12; (HB 11-1077), ch. 30, p. 75, § 4, effective August 10, 2011.)
(b) The state board shall adopt appropriate recommendations as rules to implement this part 1 following public comment and hearing. The rules promulgated by the state board shall be in accord with the legislative declaration set forth in section 22-20-102.
(c) An administrative unit, a state-operated program, or an approved facility school that provides plans, programs, or services that do not comply with the rules adopted by the state board will be provided by the department with a detailed analysis of any discrepancies noted along with specific recommendations for their correction. Applicable federal and state funding will be provided or continued for a reasonable period of time, as determined by the department, to allow the administrative unit, state-operated program, or approved facility school an opportunity to comply with such rules.
(2) (a) In order to assist the state board in the performance of its responsibilities for the implementation of this part 1, the state board shall appoint a state special education advisory committee of an appropriate size. The members of the advisory committee must be representative of the state population and composed of persons involved in or concerned with the education of children with disabilities, including parents of children with disabilities ages birth through twenty-six years; individuals with disabilities; teachers; representatives of institutions of higher education that prepare special education and related services personnel; state and local education officials, including officials who carry out activities under section 22-33-103.5; administrators of programs for children with disabilities; representatives of other state agencies involved in the financing or delivery of related services to children with disabilities; representatives of private schools, district charter schools, and institute charter schools; at least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; a representative from child welfare services in the department of human services established pursuant to section 26-5-102; and representatives from the division of youth services in the department of human services and from the department of corrections. A majority of the members of the advisory committee must be individuals with disabilities or parents of children with disabilities. Members are appointed for terms as determined by the by-laws of the advisory committee. Any additions to the composition of the advisory committee must be made pursuant to the procedures of the state board.
ent of human services and from the department of corrections. A majority of the members of the advisory committee must be individuals with disabilities or parents of children with disabilities. Members are appointed for terms as determined by the by-laws of the advisory committee. Any additions to the composition of the advisory committee must be made pursuant to the procedures of the state board.
(b) (Deleted by amendment, L. 91, p. 694, § 6, effective April 20, 1991.)
(3) Repealed.
(4) To comply with this section, the department shall maintain a special education data and information system on children, personnel, costs, and revenues, and such data and information shall be used to ensure that state moneys provided to administrative units under the provisions of section 22-20-106 and other applicable revenues are being spent only on special education expenditures.
(5) and (6) Repealed.
(7) (a) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 4, effective August 10, 2011.)
(b) Repealed.
C.R.S. § 22-20-104.5 Plan for academic excellence - inclusion of gifted children - cooperation - rules
22-20-104.5. Plan for academic excellence - inclusion of gifted children - cooperation - rules. (Repealed)
C.R.S. § 22-20-105 Depository and retrieval network for visually and hearing impaired children
22-20-105. Depository and retrieval network for visually and hearing impaired children. (Repealed)
C.R.S. § 22-20-105.5 Statewide information and communication network
22-20-105.5. Statewide information and communication network. (Repealed)
C.R.S. § 22-20-106 Special education programs - early intervening services - rules
22-20-106. Special education programs - early intervening services - rules. (1) (a) Every school district in the state is either an administrative unit in itself or in a board of cooperative services that the department designates as an administrative unit or is participating in a multi-district administrative unit. The department shall not recognize or authorize a group of school districts as an administrative unit unless the group of school districts qualifies as a multi-district administrative unit or is a board of cooperative services.
(b) The state charter school institute is an administrative unit for the purpose of delivering special education services to all institute charter schools, and to district charter schools that enter into an agreement with the state charter school institute pursuant to section 22-30.5-105.3, and shall meet the criteria established by the state board governing the duties and responsibilities of the director of special education. An administrative unit is also a school district, board of cooperative services, charter school network, or charter school collaborative that meets criteria established by the state board governing the duties and responsibilities of the director of special education and is:
(I) A board of cooperative services that conducts special education programs for all school districts that are members of the board of cooperative services;
(II) A school district that meets criteria established by the state board, including geographic size and location, to achieve maximum efficiency in administering programs of special education; or
(III) A charter school network or charter school collaborative that is designated and approved as an administrative unit by the department, delivers special education services to district charter schools or institute charter schools, and meets criteria established by the state board that are substantially consistent with the criteria applied to boards of cooperative services and school districts.
(c) Although the state board shall define the qualifications and the general duties and responsibilities of directors of special education, such directors shall be regarded for all purposes as employees of their local administrative units and subject to the administrative direction of such units.
(2) (a) Each administrative unit, state-operated program, and approved facility school shall submit a comprehensive plan to the department pursuant to the rules promulgated by the state board indicating how the administrative unit, state-operated program, or approved facility school will provide for the education of all children with disabilities. Each comprehensive plan shall include the type and number of children with disabilities served, the services to be provided, and the estimated resources necessary.
(b) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 77, § 6, effective August 10, 2011.)
(3) (a) Each administrative unit, state-operated program, and approved facility school shall make available special education services as specified by the IEP for any child with a disability for whom it is responsible, as defined by the rules adopted by the state board pursuant to this part 1. General education services are the responsibility of the school district in which a foster home is located, and special education services are the responsibility of the administrative unit in which a foster care home is located. General education services are the responsibility of the school district in which a group home is located, and special education services are the responsibility of the administrative unit in which a group home is located. The administrative unit in which the group home is located may seek tuition costs consistent with section 22-20-109 (2.5).
nistrative unit in which a foster care home is located. General education services are the responsibility of the school district in which a group home is located, and special education services are the responsibility of the administrative unit in which a group home is located. The administrative unit in which the group home is located may seek tuition costs consistent with section 22-20-109 (2.5).
(b) In providing special education services, an administrative unit, state-operated program, or approved facility school may pay for special education expenditures as defined in section 22-20-103 (22.7).
(c) The district of residence shall pay the tuition costs for a child with a disability in an approved facility school pursuant to sections 22-20-108 (8) and 22-20-109 (1). Special education services may be provided by a case management agency or an entity, as those terms are defined in section 25.5-6-1702, in cooperation with administrative units.
(3.5) (a) An administrative unit may provide early intervening services to a student who is not identified as a child with a disability at the time the early intervening services are provided. An administrative unit may provide early intervening services to students in kindergarten through grade twelve, with an emphasis on students in kindergarten through grade three.
(b) Early intervening services may include programs and activities, including response to intervention, as determined by the state board and set forth in rules promulgated by the state board pursuant to this subsection (3.5).
(c) An administrative unit may annually use no more than fifteen percent of the funding amount that the administrative unit annually receives pursuant to this part 1 for the provision of early intervening services.
(d) Each participating administrative unit shall collect information and report to the department, on an annual basis, the uniquely identifying student numbers of the students receiving early intervening services pursuant to this subsection (3.5).
(e) Nothing in this subsection (3.5) shall be construed to create a right for a student to receive early intervening services nor act to improperly delay the determination, pursuant to section 22-20-108, that a child has a disability and is eligible for special education services.
(f) The state board by rule shall identify the programs and activities that qualify as early intervening services and the allowable expenses related to those programs and activities. The state board may also promulgate such other rules as may be necessary to implement this subsection (3.5).
(4) To comply with this section, an administrative unit may contract with one or more administrative units to establish and maintain special education programs for the education of exceptional children, sharing the costs thereof in accordance with the terms of the contract agreed upon; or an administrative unit having fewer than six children who need a particular kind of special education program may purchase services from one or more administrative units where an appropriate special education program exists.
(5) Each administrative unit shall employ a director of special education. Each state-operated program or approved facility school shall employ or contract in writing for a director of special education. A director of special education shall meet qualification standards promulgated by rule of the state board.
(6) Each administrative unit, state-operated program, and approved facility school shall employ or contract in writing for a sufficient number of appropriately licensed and endorsed special education teachers and staff to adequately carry out those functions for which it is responsible, as defined by the rules promulgated by the state board pursuant to this article, including but not limited to child identification, IEP development, and professional development for school staff.
shall employ or contract in writing for a sufficient number of appropriately licensed and endorsed special education teachers and staff to adequately carry out those functions for which it is responsible, as defined by the rules promulgated by the state board pursuant to this article, including but not limited to child identification, IEP development, and professional development for school staff.
(7) Any administrative unit or state-operated program planning to utilize federal funds from any source for the education of children with disabilities as provided in this article shall obtain prior approval from the department for the use of such funds. The use of such funds in the administrative unit or state-operated program shall be for special education expenditures as defined in section 22-20-103 (22.7) and in accordance with rules as established by the state board, which are not in conflict with federal law or regulations.
(8) Nothing in this section shall be construed to change the purpose and function of the Colorado school for the deaf and the blind in Colorado Springs or to change the requirements or standards for admission thereto.
(9) (Deleted by amendment, L. 2006, p. 323, § 6, effective August 7, 2006.)
(10) Repealed.
C.R.S. § 22-20-107 Authority to contract with institutions of higher education or case management agencies
22-20-107. Authority to contract with institutions of higher education or case management agencies. (1) An administrative unit may contract with an institution of higher education, a case management agency, or an entity, as those terms are defined in section 25.5-6-1702, as provided in section 25.5-10-206, for the provision by the administrative unit of an education and training program for children with disabilities. If an agreement is arrived at by the two agencies, the administrative unit shall place the responsibility for administering the program with the director of special education of the administrative unit.
(2) Repealed.
C.R.S. § 22-20-107.5 District of residence of a child with a disability - jurisdiction
22-20-107.5. District of residence of a child with a disability - jurisdiction. (1) Notwithstanding the provisions of section 22-1-102 (2), for the purposes of this article 20, the district of residence of a child with a disability is the school district in which such child lives on a day-to-day basis, including a child placed in a foster home pursuant to section 19-1-115.5 (1); except that:
(a) If a child with a disability is homeless, as defined by section 22-1-102.5, the provisions of section 22-1-102 (2)(h) shall apply;
(b) The child shall be deemed to reside where the child's parent resides if the child is living at one of the following:
(I) A regional center that is operated by the department of human services;
(II) A facility;
(III) A group home;
(IV) A mental health institute operated by the department of human services; or
(V) The Colorado school for the deaf and the blind;
(c) If a child lives in a regional center, a mental health institute, a facility, or a group home, and the district of residence cannot be determined due to the inability to locate a parent or due to the homelessness of a parent, the child shall be considered a resident of the school district in which the regional center, mental health institute, facility, or group home is located; or
(d) If a child with a disability is a student in out-of-home placement, as defined in section 22-32-138, and is enrolled in a school of origin, as defined in section 22-32-138, other than an approved facility school, as defined in section 22-2-402, or a state-licensed day treatment facility, section 22-1-102 (2)(j) applies.
(2) If there is a dispute as to which school district constitutes the district of residence, the commissioner of education shall have the authority to determine questions of residency and thus jurisdiction after reviewing necessary details involved in the determination of residency.
C.R.S. § 22-20-108 Determination of disability - enrollment
22-20-108. Determination of disability - enrollment. (1) (a) The determination that a child has a disability and is eligible for special education services shall be made by a multidisciplinary team that shall include, at a minimum, the parent of the child and professionally qualified personnel designated by the responsible administrative unit or state-operated program. The composition of the multidisciplinary team and the procedures to be used for determining a child's eligibility for special education services shall be prescribed by rules promulgated by the state board pursuant to this part 1.
(b) The development of an IEP for a child with a disability and determination of educational placement shall be made by the child's IEP team, including but not limited to the child's parent and qualified professional personnel designated by the responsible administrative unit or state-operated program. The composition of the IEP team and the procedures to be used for developing the child's IEP shall be prescribed by rules promulgated by the state board pursuant to this part 1.
(2) (Deleted by amendment, L. 2006, p. 325, § 8, effective August 7, 2006.)
(3) (a) In the event of a dispute between the parents of a child with a disability and an administrative unit or state-operated program, the parents or the administrative unit or state-operated program shall have the same rights to an impartial due process hearing as are provided in the IDEA and the federal regulations, 34 CFR part 300, implementing the act. To request a due process hearing, the parents of a child with a disability or the administrative unit or state-operated program shall simultaneously file complete copies of the due process complaint with the opposing party and with the commissioner of education or his or her designee to ensure the timely assignment of an impartial hearing officer.
(b) If a due process hearing is requested pursuant to paragraph (a) of this subsection (3), the department shall provide the hearing in compliance with the requirements and provisions of IDEA and the federal regulations, 34 CFR part 300, implementing the act, including but not limited to the requirements governing due process complaints, resolution meetings, impartial due process hearing procedures, hearing rights, timelines, hearing decisions, and civil actions.
(c) The findings and decision made by the department shall be final. Any party aggrieved by the department's findings and decision has the right to bring a civil action pursuant to the provisions of IDEA and the federal regulations, 34 CFR 300.516 (a), implementing the act.
(4) Each child determined to have a disability by the multidisciplinary team pursuant to paragraph (a) of subsection (1) of this section shall be provided with an IEP developed by the child's IEP team pursuant to paragraph (b) of subsection (1) of this section and shall be reviewed annually. The IEP for each child enrolled in a school district or an institute charter school shall specify whether the child shall achieve the content standards adopted by the district in which the child is enrolled or by the state charter school institute or whether the child shall achieve individualized standards which would indicate the child has met the requirements of his or her IEP. For each child attending school in an approved facility school or state-operated program, the IEP shall specify whether the child shall achieve state or local content standards, or whether the child shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP. When a child with a disability is to be placed outside of the district of residence, the receiving agency, institution, administrative unit, state-operated program, or approved facility school providing the special education services shall cooperate in the development of the IEP
d shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP. When a child with a disability is to be placed outside of the district of residence, the receiving agency, institution, administrative unit, state-operated program, or approved facility school providing the special education services shall cooperate in the development of the IEP. The IEP shall be coordinated with all individual plans required by other federal or state programs in order to provide for maximum coordination of service to the child with a disability, which may include the provision of appropriate special education services for the child with a disability, by agreement or contract with public agencies, nonprofit organizations, or approved facility schools. Any court of record, the department of human services, or any other public agency authorized by law to place a child in a facility shall notify in writing the child's administrative unit of residence, the administrative unit in which the child will receive special education services, and the department of such placement within fifteen calendar days after the placement. An administrative unit of residence that disapproves of the placement shall do so in writing pursuant to subsection (8) of this section.
(4.5) (a) In developing the IEP pursuant to subsection (4) of this section for a child who is blind or visually impaired, in addition to any other requirements established by the state board, the IEP team shall assess and determine which literacy mode or modes would be most appropriate for the child's instruction. The IEP for a child who is blind or visually impaired shall specify the following:
(I) How the selected literacy mode or modes will be implemented as the child's primary or secondary mode for achieving literacy and why such mode or modes have been selected;
(II) How the child's instruction in the selected literacy mode or modes will be integrated into educational activities;
(III) The date on which the child's instruction in the selected mode or modes shall commence, the amount of instructional time to be dedicated to each literacy mode, and the service provider responsible for each area of instruction; and
(IV) The level of competency in the selected literacy mode or modes which the child should achieve by the end of the period covered by the IEP.
(b) A child who is blind or visually impaired shall not be denied the opportunity for instruction in braille solely because the child has some remaining vision. Any child for whom instruction in braille is determined to be beneficial shall receive such instruction as part of such child's IEP.
(c) If the IEP team determines that a child's IEP shall include instruction in braille, such instruction shall be sufficient to enable the child to read and write effectively and efficiently at a level commensurate with the child's sighted peers of comparable physical and cognitive abilities and grade level.
(d) If the IEP team determines that a child's IEP shall include instruction in braille, the child shall receive such instruction from a teacher who can demonstrate competence in reading and writing braille according to standards to be established by the state board.
(e) Nothing in this subsection (4.5) shall require an administrative unit, a state-operated program, or an approved facility school to expend additional resources or hire additional personnel to implement the provisions of this section.
receive such instruction from a teacher who can demonstrate competence in reading and writing braille according to standards to be established by the state board.
(e) Nothing in this subsection (4.5) shall require an administrative unit, a state-operated program, or an approved facility school to expend additional resources or hire additional personnel to implement the provisions of this section.
(f) The department shall develop guidelines for caseload management for instructors of children who are blind or visually impaired in the schools of the administrative units. Such guidelines will evaluate how much instructional time should be allotted for children who are blind or visually impaired, will reflect the varying levels of severity of such children's needs, and will be renewed and updated on a periodic basis to incorporate current research and practice.
(4.7) (a) In developing an IEP pursuant to subsection (4) of this section for a child who is deaf or hard of hearing, in addition to any other requirements established by the state board, the IEP team shall consider the related services and program options that provide the child with an appropriate and equal opportunity for communication access. The IEP team shall consider the child's specific communication needs and, to the extent possible under paragraph (g) of this subsection (4.7), address those needs as appropriate in the child's IEP. In considering the child's needs, the IEP team shall expressly consider the following:
(I) The child's individual communication mode or language;
(II) The availability to the child of a sufficient number of age, cognitive, and language peers of similar abilities;
(III) The availability to the child of deaf or hard-of-hearing adult models of the child's communication mode or language;
(IV) The provision of appropriate, direct, and ongoing language access to teachers of the deaf and hard of hearing and educational interpreters and other specialists who are proficient in the child's primary communication mode or language; and
(V) The provision of communication-accessible academic instruction, school services, and extracurricular activities.
(b) To enable a parent to make informed decisions concerning which educational options are best suited to the parent's child, all of the educational options provided by the administrative unit, state-operated program, or approved facility school and available to the child at the time the child's IEP is prepared shall be explained to the parent.
(c) A child who is deaf or hard-of-hearing shall not be denied the opportunity for instruction in a particular communication mode or language solely because:
(I) The child has some remaining hearing;
(II) The child's parents are not fluent in the communication mode or language being taught; or
(III) The child has previous experience with some other communication mode or language.
(d) Nothing in this subsection (4.7) shall preclude instruction in more than one communication mode or language for any particular child. Any child for whom instruction in a particular communication mode or language is determined to be beneficial shall receive such instruction as part of the child's IEP.
(e) Notwithstanding the provisions of subparagraph (II) of paragraph (a) of this subsection (4.7), nothing in this subsection (4.7) may be construed to require that a specific number of peers be provided for a child who is deaf or hard of hearing.
(f) Nothing in this subsection (4.7) shall abrogate parental choice among public educational programs as provided in section 22-20-109 or article 30.5 or 36 of this title or as otherwise provided by law.
II) of paragraph (a) of this subsection (4.7), nothing in this subsection (4.7) may be construed to require that a specific number of peers be provided for a child who is deaf or hard of hearing.
(f) Nothing in this subsection (4.7) shall abrogate parental choice among public educational programs as provided in section 22-20-109 or article 30.5 or 36 of this title or as otherwise provided by law.
(g) Nothing in this subsection (4.7) shall require an administrative unit to expend additional resources or hire additional personnel to implement the provisions of this subsection (4.7).
(4.8) In developing an IEP pursuant to subsection (4) of this section for a child who is an English language learner, in addition to any other requirements established by the state board, the IEP shall consider the related services and program options that provide the child with an appropriate and equal opportunity for communication access. Communication access must include access to effective communication pursuant to Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12131 et seq., as amended. The IEP team shall consider the child's specific communication needs and, to the extent possible, address those needs as appropriate in the child's IEP. In considering the child's needs, the IEP team may translate or contract with a translation service provider to translate any IEP draft documents into the dominant language spoken in the home of the child's parent, guardian, or legal custodian. Upon request of the child's parent, guardian, or legal custodian, the IEP team shall translate or contract with a translation service provider to translate the final IEP document into a written translation or an oral recording in the dominant language spoken in the home of the child's parent, guardian, or legal custodian. The IEP team shall verbally inform the child's parent, guardian, or legal custodian of the right to request translation services.
(5) In formulating recommendations for the least restrictive environment for a child with a disability, the IEP team shall:
(a) Determine, utilizing guidelines recommended by the department, whether the nature or severity of the child's disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily or, when provided with supplementary aids and services, the nature or severity of the child's disability is so disruptive that the education of other children in such classes would be significantly impaired;
(b) Work cooperatively with the department of human services, when applicable; and
(c) Be guided by the legislative declaration contained in section 22-20-102.
(5.5) The administrative unit or state-operated program shall consider the cost to the administrative unit or state-operated program when choosing between two or more appropriate educational placements.
(6) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 78, § 7, effective August 10, 2011.)
(7) (a) If an out-of-district placement by an administrative unit appears to be necessary, it is the responsibility of the child's IEP team of the administrative unit of residence to determine whether the child requires a more restrictive setting based on the unique needs of the child. It is the responsibility of the special education director of the administrative unit of residence to place the child in the least restrictive environment consistent with the educational placement decision of the IEP team.
bility of the child's IEP team of the administrative unit of residence to determine whether the child requires a more restrictive setting based on the unique needs of the child. It is the responsibility of the special education director of the administrative unit of residence to place the child in the least restrictive environment consistent with the educational placement decision of the IEP team.
(b) If it becomes necessary for a court or public agency to place a child in a public placement:
(I) Prior to such public placement, the court or public agency shall work cooperatively with the affected administrative unit or units, as defined by rules promulgated by the state board pursuant to this article, to ensure that appropriate special education services are available for the child;
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b), the court or public agency may make the public placement without first cooperating with the affected administrative unit or units if an emergency public placement is required for the child.
(c) In no event shall the public agency place a child in an administrative unit or approved facility school that is unable to ensure the provision of special education services that are appropriate for the child. The costs of educating the child shall be the responsibility of the school district of residence, and the school district shall pay tuition costs in accordance with section 22-20-109.
(8) Notwithstanding the provisions of paragraph (c) of subsection (7) of this section, if a court or public agency makes a public placement but fails to comply with the notification requirements of subsection (4) of this section, the court or public agency shall be responsible for the tuition costs for the child until such time as the required notification is made. If a child's administrative unit of residence does not provide written notice of disapproval of a placement in a facility by a court or a public agency within fifteen calendar days after the notification made pursuant to subsection (4) of this section, the placement shall be deemed to be approved. An administrative unit of residence may disapprove a placement in a facility by a court or public agency only on the basis of the unavailability of appropriate special education services in the administrative unit in which the child will be placed. If the administrative unit of residence disapproves the placement in the facility, it shall ensure that the child receives a free appropriate public education until an appropriate placement can be determined. If the administrative unit of residence disapproves the placement in the facility, the disapproval shall be subject to appeal as provided for in subsection (3) of this section.
(9) If a teacher of a child with a disability determines that the child's presence in a general education classroom is so disruptive that other children's learning in the class is significantly impaired, the teacher may utilize the district's or the state charter school institute's regular in-school disciplinary procedure unless it would be inconsistent with the child's IEP or with the IDEA's student discipline protections for children with disabilities. Alternatively, the teacher may request a review of the child's IEP, behavior plan, or both to consider changes in services or educational placement. In making any such determination for educational placement or a plan of discipline for the child, the IEP team shall apply the rules promulgated by the state board regarding IEP reviews and school discipline procedures and protections for children with disabilities as specified by the IDEA and its implementing regulations.
(10) (Deleted by amendment, L. 2006, p. 325, § 8, effective August 7, 2006.)
C.R.S. § 22-20-109 Tuition - rules
22-20-109. Tuition - rules. (1) (a) An administrative unit of residence may contract with another administrative unit or an approved facility school to provide a special education program for a child with a disability. An administrative unit may purchase services from one or more administrative units where an appropriate special education program exists. The two administrative units shall negotiate a contract, including but not limited to the cost of the special education program, that need not be approved by the department.
(b) An administrative unit may contract for special education services with an approved facility school pursuant to rules promulgated by the state board.
(2) (a) When a child with a disability is publicly placed in an approved facility school, the approved facility school shall document to the department a list of costs of providing the special education program and the applicable revenues. Notwithstanding any provision of section 22-32-115 to the contrary, the tuition charge for educating a child with a disability in an approved facility school shall be established by the department and approved by the state board. The tuition charge shall be the maximum amount the school district of residence shall be obligated to pay for the special education program; except that the school district of residence may pay a higher tuition charge than the charge established and approved pursuant to this subsection (2) for a student in need of specialized services, which services were included in the student's IEP but were not included in the tuition charge established pursuant to this subsection (2).
(b) The state board shall promulgate rules to define the contract approval process and the method for determining the tuition rate that a school district of residence of a child with a disability shall pay as tuition to educate that child at an approved facility school. The rules for determining a tuition rate must include, but need not be limited to, the limitations on the number of staff members per number of students, the number of school days, all special education expenditures as defined in section 22-20-103 (22.7) and specified by the child's IEP, other education costs, and applicable revenues associated with the approved facility school's educational program. The rules may not require that, in calculating the amount of the tuition charge for educating a child with a disability in an approved facility school, the costs incurred by the approved facility school in providing the special education program be reduced by the amount of revenues, if any, received by the approved facility school as donations or special education grants. The school district of residence is responsible for paying as tuition any excess costs above the amount the department pays to provide these services pursuant to section 22-54-129.
(c) In addition to any other tuition costs that a school district of residence is required to pay pursuant to this section, the school district may pay those costs documented to and approved by the department pursuant to this subsection (2). Notwithstanding the provisions of this subsection (2), a school district of residence shall not be required to pay costs incurred by an approved facility school in providing educational services at the approved facility school during the months of June, July, or August.
(2.5) (a) When a child with a disability is placed out of the home in a group home and attends school in an administrative unit other than the child's administrative unit of residence and the school does not provide the child with an online program or online school pursuant to article 30.7 of this title, the district of residence shall be responsible for paying the tuition charge for educating the child to the administrative unit of attendance.
ed out of the home in a group home and attends school in an administrative unit other than the child's administrative unit of residence and the school does not provide the child with an online program or online school pursuant to article 30.7 of this title, the district of residence shall be responsible for paying the tuition charge for educating the child to the administrative unit of attendance.
(b) The administrative unit of attendance shall not charge the district of residence tuition for the excess costs incurred in educating a child with a disability unless the child meets the criteria for funding pursuant to section 22-20-114 (1)(c)(II).
(c) The administrative unit of attendance shall provide notice to the administrative unit of residence and to the district of residence, if it is not an administrative unit, in accordance with the rules adopted pursuant to paragraph (b) of subsection (2) of this section when a child with a disability applies to enroll in a school of the district of attendance. The notice shall be in writing and shall also be sent to the special education directors for the administrative units of residence and of attendance. If the administrative unit of attendance does not intend to seek tuition costs, notification is not required. The state board shall adopt rules to specify the content, manner, and timing of the notice required pursuant to this paragraph (c).
(d) The amount of the tuition charge shall be determined pursuant to a contract entered into by the administrative unit of attendance, the district of attendance if it is not an administrative unit, the administrative unit of residence, and the district of residence if it is not an administrative unit.
(3) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1489, § 17, effective August 10, 2011.)
(4) (a) When a child with a disability enrolls and attends a school in an administrative unit other than the child's administrative unit of residence pursuant to the provisions of section 22-36-101, and the school does not provide the child an online program or online school pursuant to article 30.7 of this title, the district of residence shall be responsible for paying the tuition charge for educating the child to the administrative unit of attendance.
(b) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1489, § 17, effective August 10, 2011.)
(c) The administrative unit of attendance shall not charge the district of residence tuition for the excess costs incurred in educating a child with a disability unless the child meets the criteria for funding pursuant to section 22-20-114 (1)(c)(II).
(d) The administrative unit of attendance shall provide notice to the administrative unit of residence and to the district of residence, if it is not an administrative unit, in accordance with the rules adopted pursuant to this paragraph (d) when a child with a disability applies to enroll in a school of the district of attendance. The notice shall be in writing and shall also be sent to the special education directors for the administrative units of residence and of attendance. If the administrative unit of attendance does not intend to seek tuition costs, notification is not required. The state board shall adopt rules to specify the content, manner, and timing of the notice required pursuant to this paragraph (d).
endance. The notice shall be in writing and shall also be sent to the special education directors for the administrative units of residence and of attendance. If the administrative unit of attendance does not intend to seek tuition costs, notification is not required. The state board shall adopt rules to specify the content, manner, and timing of the notice required pursuant to this paragraph (d).
(e) The amount of the tuition charge shall be determined pursuant to a contract entered into by the administrative unit of attendance, the district of attendance if it is not an administrative unit, the administrative unit of residence, and the district of residence if it is not an administrative unit. Under the circumstances described in this subsection (4), the provisions of section 22-20-108 (8) shall not apply.
(5) (a) When a child with a disability enrolls in and attends a district charter school pursuant to the provisions of part 1 of article 30.5 of this title or an institute charter school pursuant to part 5 of article 30.5 of this title, including a district or institute charter school that provides an online program or operates as an online school pursuant to article 30.7 of this title, the district of residence shall be responsible for paying to the district or institute charter school the tuition charge for the excess costs incurred in educating the child.
(b) Nothing in this subsection (5) shall be construed to apply to the charter contract entered into between a charter school and the chartering local board of education pursuant to part 1 of article 30.5 of this title or to allow a charter school to seek tuition costs from its chartering authority.
(c) The district or institute charter school shall not charge the district of residence tuition for the excess costs incurred in educating a child with a disability unless the child meets the criteria for funding pursuant to section 22-20-114 (1)(c)(II).
(d) The district or institute charter school shall provide notice to the administrative unit of residence, the district of residence if it is not an administrative unit, and the administrative unit of attendance in accordance with state board rules adopted pursuant to subsection (7) of this section when a child with a disability applies to enroll in the district or institute charter school. The notice shall be in writing and shall be sent to the special education directors for the administrative units of residence and of attendance. If the district or institute charter school does not intend to seek tuition costs, no notification is required.
(e) The amount of the tuition charged shall be determined pursuant to rules adopted by the state board pursuant to subsection (7) of this section. The tuition responsibility shall be reflected in a contract between the charter school, the administrative unit of residence, the district of residence if it is not an administrative unit, the administrative unit of attendance including the state charter school institute, and the chartering school district if it is not an administrative unit. The contract shall be in a form approved by the chartering entity. Under the circumstances described in this subsection (5), the provisions of section 22-20-108 (8) shall not apply.
the district of residence if it is not an administrative unit, the administrative unit of attendance including the state charter school institute, and the chartering school district if it is not an administrative unit. The contract shall be in a form approved by the chartering entity. Under the circumstances described in this subsection (5), the provisions of section 22-20-108 (8) shall not apply.
(5.5) (a) Notwithstanding the provisions of subsection (5) of this section, if a child with a disability enrolls in a district or institute charter school that participates in an alternative administrative unit, the alternative administrative unit is deemed the administrative unit of residence and of attendance so long as the child is enrolled in the alternative administrative unit. If the parents of a child with a disability remove the child from enrollment in the alternative administrative unit after the annual count date to determine state funding for children with disabilities, the alternative administrative unit continues to be deemed the administrative unit of residence for that child for the remainder of the school year and may be required to pay the tuition charge for excess costs to the administrative unit of attendance that enrolls the child for the remainder of the school year.
(b) (I) If a child with a disability who is enrolled in an alternative administrative unit is placed by an IEP team in an approved facility school or other private setting for special education purposes, the child with a disability continues to be enrolled in the alternative administrative unit until:
(A) The parents of the child with a disability initiate a change in enrollment that results in the child with a disability attending a school affiliated with a different administrative unit;
(B) The child with a disability is no longer enrolled in the school of the alternative administrative unit because the child with a disability is no longer entitled by age to continue in the school of the alternative administrative unit, unless the child with a disability has reached the age of eighteen and qualifies for transition services and is enrolled in a school that offers high school;
(C) The child with a disability is no longer enrolled in the school of the alternative administrative unit because the child with a disability is home-schooled or enrolled in a private school for general education purposes; or
(D) The placement of the child with a disability in an approved facility school or other private setting for special education purposes ends and, subsequently, the enrollment of the child with a disability in the alternative administrative unit ends for any reason permitted by law.
(II) Nothing in this subsection (5.5)(b) modifies subsection (5.5)(a) of this section.
(c) The alternative administrative unit in which a district or institute charter school participates shall not charge the district of residence tuition for the excess costs incurred in educating a child with a disability unless the child is placed by a multidisciplinary team pursuant to section 22-20-108 (4) in the alternative administrative unit and the child meets the criteria for funding pursuant to section 22-20-114 (1)(c)(II).
(d) If the alternative administrative unit charges tuition as allowed in subsection (5.5)(c) of this section, the amount of the tuition charged must be determined pursuant to rules adopted by the state board pursuant to subsection (7) of this section. The tuition responsibility must be reflected in a contract between the district or institute charter school, the district of residence, and the alternative administrative unit in which the district or institute charter school participates. The contract must be in a form approved by the alternative administrative unit in which the district or institute charter school participates. Under the circumstances described in this subsection (5.5), section 22-20-108 (8) does not apply.
or institute charter school, the district of residence, and the alternative administrative unit in which the district or institute charter school participates. The contract must be in a form approved by the alternative administrative unit in which the district or institute charter school participates. Under the circumstances described in this subsection (5.5), section 22-20-108 (8) does not apply.
(e) As used in this subsection (5.5), "alternative administrative unit" has the same meaning as provided in section 22-30.5-103.
(6) (a) When a child with a disability enrolls in and attends an online program or online school pursuant to article 30.7 of this title that is not provided by a district or institute charter school, the district of residence shall be responsible for paying to the provider of the online program or online school the tuition charge for the excess costs incurred in educating the child.
(b) The provider of the online program or online school shall not charge the district of residence tuition for the excess costs incurred in educating a child with a disability who receives educational services from the provider of the online program or online school unless the child meets the criteria for funding pursuant to section 22-20-114 (1)(c)(II).
(c) The online provider shall provide notice to the administrative unit of attendance, the administrative unit of residence, and the district of residence if it is not an administrative unit, in accordance with state board rules adopted pursuant to subsection (7) of this section when a child with a disability applies to enroll in the online program or online school. The notice shall be in writing and shall also be sent to the special education directors for the administrative units of residence and of attendance. If the online provider does not intend to seek tuition costs, notification is not required.
(d) The amount of the tuition charge shall be determined pursuant to rules adopted by the state board pursuant to subsection (7) of this section. The tuition responsibility shall be reflected in a contract entered into by the administrative unit of residence, the district of residence if it is not an administrative unit, the administrative unit of attendance, and the district of attendance if it is not an administrative unit. Under the circumstances described in this subsection (6), the provisions of section 22-20-108 (8) shall not apply.
(7) For the 2004-05 budget year and budget years thereafter, the state board shall promulgate rules pertaining to the education of children with disabilities in charter schools and rules pertaining to the education of children with disabilities through online programs and online schools. Both sets of rules shall include, but need not be limited to, rules to:
(a) Specify the content, manner, and timing of the notice that a charter school or online provider shall provide pursuant to subsections (5) and (6) of this section, respectively;
(b) Define the types and amounts of allowable costs in excess of the per pupil funding for the child with a disability, as determined pursuant to article 54 of this title, and any other state and federal revenues received for educating the child, that a charter school, online program, or online school may charge as tuition to a district of residence;
(c) Define other applicable revenues that a district of residence of a child with a disability shall apply in paying the tuition charge for excess costs incurred in educating the child at a charter school or through an online program or online school;
(d) Specify the limitations on the number of staff members per number of students that a charter school, online program, or online school shall provide in educating children with disabilities;
(e) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1489, § 17, effective August 10, 2011.)
(f) and (g) (Deleted by amendment, L. 2006, p. 332, § 9, effective August 7, 2006.)
or online school;
(d) Specify the limitations on the number of staff members per number of students that a charter school, online program, or online school shall provide in educating children with disabilities;
(e) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1489, § 17, effective August 10, 2011.)
(f) and (g) (Deleted by amendment, L. 2006, p. 332, § 9, effective August 7, 2006.)
(h) Identify any other expenses involved in the provision of educational services to children with disabilities in accordance with each child's individualized education program;
(i) Establish a dispute resolution process for disagreements resulting from contracts entered into pursuant to subsection (5) or (6) of this section; and
(j) Specify elements to be included in a contract between entities described in subsection (5) of this section.
(8) Repealed.
C.R.S. § 22-20-110 Maintenance
22-20-110. Maintenance. (Repealed)
C.R.S. § 22-20-111 Equipment
22-20-111. Equipment. An administrative unit, a state-operated program, or an eligible facility may purchase equipment for the instruction or support of children with disabilities.
C.R.S. § 22-20-112 Length of school year
22-20-112. Length of school year. (1) An administrative unit may conduct special education programs as prescribed in this part 1 for any length of time; except that the administrative unit must meet the minimum length of time as established by law for school districts.
(2) Each administrative unit, state-operated program, and approved facility school shall provide extended school year services to a child with a disability only if the child's IEP team determines that extended school year services are necessary to provide the child with a free appropriate public education.
C.R.S. § 22-20-113 School district report
22-20-113. School district report. (Repealed)
C.R.S. § 22-20-114 Funding of programs - legislative declaration
22-20-114. Funding of programs - legislative declaration. (1) Subject to the provisions of subsection (3) of this section, for the 2005-06 budget year and each budget year thereafter, the total amount appropriated to the department for the payment of costs incurred by administrative units for the provision of special education programs must be distributed to each administrative unit that provides educational services for children with disabilities as follows:
(a) (I) Five hundred thousand dollars to administrative units that enroll children with disabilities:
(A) For whom tuition is paid by the administrative units for the children to receive educational services at approved facility schools; and
(B) For whom parental rights have been relinquished by the parents or terminated by a court, the parents of whom are incarcerated, the parents of whom cannot be located, the parents of whom reside out of the state but the department of human services has placed the children within the administrative unit, or children with disabilities who are legally emancipated.
(II) The moneys appropriated pursuant to subparagraph (I) of this paragraph (a) shall be distributed in each budget year to administrative units based upon each administrative unit's share of the aggregate number of children with disabilities who are specified in subparagraph (I) of this paragraph (a); except that an administrative unit shall not receive an amount that exceeds the aggregate amount of tuition paid by that administrative unit for the specified children with disabilities to receive educational services at approved facility schools during the immediately preceding budget year. For purposes of this paragraph (a), the number of children with disabilities that are specified in subparagraph (I) of this paragraph (a) shall be based upon the count taken in December of the immediately preceding budget year.
(a.5) and (a.7) Repealed.
(b) (I) For the budget years preceding the 2022-23 budget year, an amount equal to one thousand two hundred fifty dollars for each child with disabilities receiving special education services from the administrative unit;
(II) Except as specified in subsection (1.3) of this section, for the 2022-23 budget year and each budget year thereafter, an amount equal to one thousand seven hundred fifty dollars for each child with disabilities receiving special education services from the administrative unit; and
(c) (I) If any amount of the total annual appropriation remains after the distributions specified in subsections (1)(a) and (1)(b) of this section have been made, and after the distribution of the portion of the total annual appropriation designated for high-cost grants pursuant to subsection (2) of this section has been made, six thousand dollars per child with one or more disabilities, as described in subsection (1)(c)(II) of this section, for a percentage of such children receiving special education services from the administrative unit. The department shall annually determine the percentage of such children for which an administrative unit may receive additional funding pursuant to this subsection (1)(c) based on the amount of the remaining appropriation, the money available pursuant to subsection (1)(c)(III) of this section, and the per pupil amount of six thousand dollars.
(II) An administrative unit that provides special education services to children who have one or more of the following disabilities may receive funding pursuant to this paragraph (c):
(A) A visual impairment, including blindness, as defined by the state board;
(B) A hearing impairment, including deafness, as defined by the state board;
(C) Deaf-blindness, as defined by the state board;
(D) A serious emotional disability as defined by the state board;
(E) Autism spectrum disorders as defined by the state board;
(F) A traumatic brain injury as defined by the state board;
(G) Multiple disabilities as defined by the state board; or
by the state board;
(B) A hearing impairment, including deafness, as defined by the state board;
(C) Deaf-blindness, as defined by the state board;
(D) A serious emotional disability as defined by the state board;
(E) Autism spectrum disorders as defined by the state board;
(F) A traumatic brain injury as defined by the state board;
(G) Multiple disabilities as defined by the state board; or
(H) An intellectual disability as defined by the state board.
(III) (A) For the 2013-14 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsection (1)(c)(I) of this section, the general assembly shall appropriate twenty million dollars from the state education fund to the department for the purposes of this subsection (1)(c).
(B) For the 2019-20 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsections (1)(c)(I) and (1)(c)(III)(A) of this section, the general assembly shall appropriate twenty-two million dollars, which amount may be appropriated from the state education fund or the general fund or as amounts from both funds, to the department for the purposes of this subsection (1)(c).
(B.1) Except as specified in subsection (1.3) of this section, for the 2022-23 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsections (1)(c)(I), (1)(c)(III)(A), and (1)(c)(III)(B) of this section, the general assembly shall appropriate twenty-six million eight hundred twenty-five thousand dollars, which amount may be appropriated from the state education fund or the general fund or as amounts from both funds, to the department for the purposes of this subsection (1)(c).
(B.2) Except as specified in subsection (1.3) of this section, for the 2023-24 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsections (1)(c)(I), (1)(c)(III)(A), (1)(c)(III)(B), and (1)(c)(III)(B.1) of this section, the general assembly shall appropriate forty million two hundred three thousand six hundred seventy-one dollars, which amount may be appropriated from the state education fund created in section 17 (4) of article IX of the state constitution or the general fund, or as amounts from both funds, to the department for the purposes of this subsection (1)(c).
(C) The general assembly finds and declares that, for the purposes of section 17 of article IX of the state constitution, providing additional money to children with one or more disabilities, as described in subsection (1)(c)(II) of this section, for a percentage of such children receiving special education services from an administrative unit is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(D) It is the intent of the general assembly to increase funding for special education services as necessary for the 2023-24 budget year and budget years thereafter to fully fund special education services pursuant to this subsection (1)(c).
(1.3) For the 2024-25 budget year and budget years thereafter, the dollar amounts set forth in subsections (1)(b)(II) and (1)(c)(III) of this section are annually increased by the rate of inflation. The amounts must be rounded to the nearest dollar. As used in this subsection (1.3), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.
)(c)(III) of this section are annually increased by the rate of inflation. The amounts must be rounded to the nearest dollar. As used in this subsection (1.3), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.
(2) (a) (I) In addition to the amount appropriated for distribution pursuant to subsection (1) of this section, for the 2006-07 and 2007-08 budget years, subject to available appropriations, the general assembly shall appropriate two million dollars from the general fund or from any other source to the department to fund grants to administrative units as provided in section 22-20-114.5 for reimbursement of high costs incurred in providing special education services in the preceding budget year.
(II) (A) In addition to the amount appropriated for distribution pursuant to subsection (1) of this section, for the 2008-09 budget year and each budget year thereafter, subject to available appropriations, the general assembly shall appropriate four million dollars from the general fund or from any other source to the department to fund grants to administrative units as provided in section 22-20-114.5 for reimbursement of high costs incurred in providing special education services in the preceding budget year.
(B) The general assembly hereby finds and declares that for the purposes of section 17 of article IX of the state constitution, providing grants to administrative units for reimbursement for high costs incurred in providing special education services is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(b) Any amount received by an administrative unit as a reimbursement pursuant to this subsection (2) shall be in addition to the amount received by the administrative unit pursuant to subsection (1) of this section. The moneys appropriated by the general assembly to the department shall be distributed by the Colorado special education fiscal advisory committee in accordance with section 22-20-114.5.
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), for the 2005-06 budget year, the department shall recalculate the distribution of funds to administrative units for providing educational services to children with disabilities as necessary to comply with the provisions of subsection (1) of this section.
(b) Notwithstanding the provisions of subsection (1) of this section, if the application of the provisions of subsection (1) of this section would result in an administrative unit receiving a lesser amount for providing educational services to children with disabilities for the 2005-06 budget year than it would have received under the provisions of this section as they existed prior to April 28, 2006, then the department shall not recalculate the distribution of funds for the administrative unit for the 2005-06 budget year.
(4) An administrative unit shall not receive the amount of funding to which it is entitled under the provisions of subsection (1) of this section unless the administrative unit has provided to the department the data collected concerning special education programs, as required by subsection (6) of this section, including the count of assessed children with disabilities.
(5) Payments made under the provisions of this part 1 shall not affect the amount of other state aid for which an administrative unit may qualify.
ction (1) of this section unless the administrative unit has provided to the department the data collected concerning special education programs, as required by subsection (6) of this section, including the count of assessed children with disabilities.
(5) Payments made under the provisions of this part 1 shall not affect the amount of other state aid for which an administrative unit may qualify.
(6) Each administrative unit shall be required to collect the data required by the federal government concerning special education programs. Each administrative unit shall provide to the department the data collected concerning special education programs in order to receive the amount of funding to which it is entitled under the provisions of subsection (1) of this section.
(7) It is the general assembly's intent that, as a result of receiving an increase in the distribution of state moneys, an administrative unit, in complying with the maintenance of effort requirement specified in the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6381 et seq., shall not reduce the level of state and local expenditures below the level of state and local expenditures for the preceding budget year. Any additional appropriation of moneys for distribution pursuant to this section is intended to alter the ratio between state and local expenditures, but the overall level of expenditures may remain the same, thereby satisfying the federal maintenance of effort requirements.
(8) Repealed.
C.R.S. § 22-20-114.3 Agreements with administrative units for special education services - legislative declaration
22-20-114.3. Agreements with administrative units for special education services - legislative declaration. (1) The general assembly finds and declares that the requirements described in subsection (2) of this section are necessary as a matter of public policy.
(2) No later than July 1, 2025, a district or institute charter school that is served by a multi-district administrative unit for the establishment, maintenance, or provision of special education services must update an existing agreement concerning special education services to contain provisions regarding the allocation of any district special education pupil funding received by a served district or institute charter school pursuant to article 54 of this title 22.
C.R.S. § 22-20-114.5 Special education fiscal advisory committee - special education high-cost grants - definitions - repeal
22-20-114.5. Special education fiscal advisory committee - special education high-cost grants - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Committee" means the Colorado special education fiscal advisory committee created in subsection (2) of this section.
(b) "High costs" means the costs incurred by an administrative unit above a threshold amount determined pursuant to paragraph (e) of subsection (3) of this section in providing special education services, either directly or by contract, to a child with disabilities regardless of the child's district of residence.
(c) Repealed.
(2) (a) There is hereby created the Colorado special education fiscal advisory committee in the department. The committee shall consist of twelve members as follows:
(I) A representative from the unit in the department responsible for the administration of special education programs;
(II) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1497, § 20, effective August 10, 2011.)
(III) A special education director from a board of cooperative services with expertise in special education finance selected by the state board based on a recommendation from the statewide association that represents boards of cooperative services;
(IV) A business official from a small rural administrative unit to be selected by the state board based on a recommendation from a statewide association of school executives;
(V) A business official from a large urban or suburban administrative unit to be selected by the state board based on a recommendation from a statewide association of school executives; and
(VI) Eight special education specialists with appropriate statewide geographic representation to be selected by the state board based on recommendations from a statewide consortium of special education directors.
(b) The members of the committee shall serve without compensation but shall be reimbursed by the department for any necessary expenses incurred in the conduct of their official duties on the committee.
(c) This subsection (2) is repealed, effective September 1, 2031. Before its repeal, the committee is scheduled for review in accordance with section 2-3-1203.
(3) (a) An administrative unit that incurs high costs in providing special education services to a child with disabilities may apply for a high cost grant to recover all or a portion of such high costs. To receive a grant, an administrative unit shall apply to the committee in a form and manner determined by the committee and provide such information as may be requested by the committee to document the administrative unit's high costs.
(a.5) Of the total amount appropriated in a budget year for the purpose of awarding grants pursuant to this section, the committee shall use fifty percent of the amount to award grants to administrative units that have one or more children being served in an out-of-district placement for special education services and fifty percent of the amount to award grants to administrative units with one or more children being served in an in-district placement for special education services.
ants pursuant to this section, the committee shall use fifty percent of the amount to award grants to administrative units that have one or more children being served in an out-of-district placement for special education services and fifty percent of the amount to award grants to administrative units with one or more children being served in an in-district placement for special education services.
(b) (I) Subject to the requirements of subsection (3)(a.5) of this section, the committee has the discretion to award a grant to an administrative unit that applies and qualifies to receive a grant pursuant to subsection (3)(a) of this section. In determining whether to award a grant to an administrative unit and the amount of the grant to be awarded, the committee shall consider the administrative unit's annual audited operating expenses for the preceding budget year, or the administrative unit's annual audited operating expenses for one year prior to the preceding budget year if the annual audited operating expenses for the most recent preceding budget year are not available, and the percentage of the administrative unit's annual audited operating expenses, or the administrative unit's annual audited operating expenses for one year prior to the preceding budget year if the annual audited operating expenses for the most recent preceding budget year are not available, that represents the high costs incurred by the administrative unit in the preceding budget year. All grants awarded by the committee are subject to approval by the state board.
(II) (A) In awarding grants pursuant to this section to administrative units that have one or more children being served in an out-of-district placement for special education services, the committee shall first prioritize those administrative units that spent the highest percentages, based on the administrative unit's annual audited operating expenses, in the preceding budget year on high costs incurred in providing special education services to children in such out-of-district placements.
(B) In awarding grants pursuant to this section to administrative units with one or more children being served in an in-district placement for special education services, the committee shall first prioritize those administrative units that spent the highest percentages, based on the administrative unit's annual audited operating expenses, in the preceding budget year on high costs incurred in providing special education services to children in such in-district placements.
(c) An administrative unit shall not receive a grant in an amount that exceeds one hundred percent of the high costs that the administrative unit incurred in the preceding budget year.
(d) The committee shall not award a grant to an administrative unit that fails to provide the department with the data collected concerning special education programs, as required by section 22-20-114 (6), including the count of assessed special education students.
t in an amount that exceeds one hundred percent of the high costs that the administrative unit incurred in the preceding budget year.
(d) The committee shall not award a grant to an administrative unit that fails to provide the department with the data collected concerning special education programs, as required by section 22-20-114 (6), including the count of assessed special education students.
(e) For the purpose of grants awarded in the 2006-07 budget year, the threshold amount of costs incurred in providing special education services to a child with disabilities above which an administrative unit may receive reimbursement in the form of a grant pursuant to the provisions of this subsection (3) is forty thousand dollars. For the purpose of grants awarded in the 2007-08 budget year and each budget year thereafter, the committee shall annually determine the threshold amount of costs incurred in providing special education services to a child with disabilities above which an administrative unit may receive reimbursement in the form of a grant.
(4) (a) The department shall gather and provide to the committee data that includes but need not be limited to the following:
(I) The extent to which the amount appropriated pursuant to section 22-20-114 (1) is distributed based on the needs of children with disabilities and the severity of the needs of such children;
(II) The number of children with disabilities who receive special education services from each administrative unit and the nature of the disability of each child who receives special education services from each administrative unit;
(III) Patterns of identifying children with disabilities that include but need not be limited to recognized incidence rates of over- and under-identification of children with disabilities at the administrative unit, state, and national levels;
(IV) The number of hours of special education services that each administrative unit provides, disaggregated by disability; and
(V) The percentage of the school day during which children with disabilities receive special education services from the administrative unit, disaggregated by disability.
(b) On or before January 1, 2008, the committee shall submit to the state board, the education committees of the house of representatives and the senate, or any successor committees, a statewide organization of special education directors, and the financial policies and procedures advisory committee created in the department, a report that includes but need not be limited to the following:
(I) The information that the department gathered pursuant to paragraph (a) of this subsection (4) and any analysis conducted by the committee;
(II) Recommended changes, if any, to the manner of distributing funds to administrative units for special education programs pursuant to section 22-20-114 (1)(a) and (1)(b); and
(III) Recommended changes, if any, to the categorization of children with disabilities pursuant to section 22-20-114 (1)(b) and (1)(c) for the purpose of distributing funds for the provision of special education programs.
(5) On January 15, 2008, and on January 15 of each year thereafter, the committee shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report that includes but need not be limited to a list of the administrative units that applied for and received a grant pursuant to subsection (3) of this section during the preceding budget year.
(6) (a) In addition to awarding grants pursuant to subsection (3) of this section, the committee shall award high-cost special education trust fund grants and report on those grants pursuant to section 22-20-114.7.
ncludes but need not be limited to a list of the administrative units that applied for and received a grant pursuant to subsection (3) of this section during the preceding budget year.
(6) (a) In addition to awarding grants pursuant to subsection (3) of this section, the committee shall award high-cost special education trust fund grants and report on those grants pursuant to section 22-20-114.7.
(b) This subsection (6) is repealed, effective July 1, 2027.
(7) On or before January 1, 2023, the committee shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report that includes but need not be limited to:
(a) An analysis of funding for special education services in other states compared to the funding model used in Colorado, with a focus on the proportionate shares provided by federal, state, and local funding and how other states fund different categories of disabilities to target the needs of children with disabilities;
(b) An analysis of the actual costs to provide special education services to children with disabilities in Colorado;
(c) An analysis of the effectiveness of the current funding model for special education services and whether the current funding model adequately supports special education services;
(d) An examination of the high-cost special education trust fund created in section 22-20-114.7, including how the high-cost special education trust fund is currently operating, who is receiving funding from the high-cost special education trust fund, and how the high-cost special education trust fund impacts those who receive funds;
(e) An analysis of the current disability categories for children with disabilities described in section 22-20-103 (5)(a) and whether the disability categories are sufficient for meeting the needs of children with disabilities; and
(f) Recommended changes, if any, to the special education services funding model described in section 22-20-114.
C.R.S. § 22-20-114.7 High-cost special education trust fund - creation - grants - eligibility - legislative declaration - definition - annual report - repeal
22-20-114.7. High-cost special education trust fund - creation - grants - eligibility - legislative declaration - definition - annual report - repeal. (1) (a) The general assembly finds and declares that:
(I) Providing equal access to high-quality public education for all students, including children with disabilities, is a top priority for the state;
(II) Each administrative unit in the state is responsible for making available special education services required by the IEP for any child with a disability for whom it is responsible;
(III) Each year, a small number of cases, randomly affecting administrative units across the state, become extraordinarily expensive, threatening to jeopardize the administrative unit's ability to provide equal access to each child and to maintain financial stability;
(IV) Ensuring that financial support is available to help administrative units defray the costs associated with providing high-cost special education services is a statewide concern; and
(V) Building a reserve that may provide necessary funding for administrative units experiencing high costs will help bring equity and stability to the state's special education programs.
(b) Therefore, the general assembly declares that it is necessary and appropriate to create a high-cost special education trust fund to build a reserve for high-cost special education services.
(2) (a) The high-cost special education trust fund, referred to in this section as the "trust fund", is created in the state treasury. The trust fund is administered by the Colorado special education fiscal advisory committee, created in the department of education pursuant to section 22-20-114.5 (2), and referred to in this section as the "committee".
(b) (I) On July 1, 2019, the state treasurer shall transfer two million five hundred thousand dollars from the marijuana tax cash fund, created in section 39-28.8-501, to the trust fund.
(II) The general assembly is encouraged to prioritize the transfer or appropriation of money to the trust fund in future fiscal years.
(c) The trust fund consists of money transferred to the trust fund pursuant to subsection (2)(b) of this section and any other money that the general assembly may appropriate to the trust fund and the interest and income earned on the principal of the trust fund.
(d) Transfers to the trust fund pursuant to subsection (2)(b) of this section and any money appropriated to the trust fund pursuant to subsection (2)(c) of this section constitute the principal of the trust fund. The principal of the trust fund remains in the trust fund and shall not be appropriated, transferred, or expended.
(e) The state treasurer is authorized and directed to manage the trust fund through prudent investments and shall credit all interest and income derived from the deposit and investment of money in the trust fund to the trust fund.
(f) Trust fund interest and income is continuously appropriated to the department for high-cost special education trust fund grants awarded by the committee pursuant to subsection (3) of this section. Interest and income not expended during the fiscal year for high-cost special education trust fund grants may be expended in subsequent fiscal years for that purpose.
(g) Notwithstanding any provision of this subsection (2) to the contrary, on July 1, 2020, the state treasurer shall transfer the amount of any unexpended and unencumbered trust fund principal to the state public school fund created in section 22-54-114.
(3) (a) The committee may award high-cost special education trust fund grants from interest and income in the trust fund.
ars for that purpose.
(g) Notwithstanding any provision of this subsection (2) to the contrary, on July 1, 2020, the state treasurer shall transfer the amount of any unexpended and unencumbered trust fund principal to the state public school fund created in section 22-54-114.
(3) (a) The committee may award high-cost special education trust fund grants from interest and income in the trust fund.
(b) An administrative unit may apply to the committee for a high-cost special education trust fund grant if the administrative unit:
(I) Has expenditures, as defined in subsection (3)(c) of this section, in the preceding budget year to meet the needs of a single student with an IEP; and
(II) The expenditures exceed the lesser of:
(A) One hundred thousand dollars; or
(B) Two and one-half percent of the administrative unit's annual audited operating expenses for the preceding budget year.
(c) For the purposes of subsection (3)(b) of this section, "expenditures" includes items that are allowable special education expenditures pursuant to state and federal law. An administrative unit applying for a high-cost special education trust fund grant shall provide documentation or other certification of expenditures, as required by the committee.
(d) If the committee determines that an administrative unit is eligible for a high-cost special education trust fund grant, the committee shall consider the following criteria in determining whether to award a trust fund grant and in what amount:
(I) Number of applications received in a given year;
(II) The amount of high-cost special education trust fund grant money available for distribution in a given year; and
(III) Any special circumstances associated with the individual high-cost special education trust fund grant request.
(e) The committee shall make the final determination as to the high-cost special education trust fund grant award and amount; however, the committee shall attempt to award trust fund grants in proportion to the need presented by individual cases and the number of applications presented by administrative units in a given year.
(f) The committee may request additional information from administrative units prior to the distribution of high-cost special education trust fund grants.
(g) The committee is encouraged to work directly with an administrative unit to help tailor high-cost special education trust fund grants to the specific needs of the individual administrative unit for the most efficient use of trust fund grant money.
(4) (a) For each fiscal year in which the committee awards a high-cost special education trust fund grant, the committee shall incorporate the following information regarding the special education trust fund grant into the annual special education fiscal advisory committee report to the state board of education and the education committees of the house of representatives and of the senate, or any successor committees:
(I) The number of applications received for a high-cost special education trust fund grant;
(II) The number of high-cost special education trust fund grants awarded during the fiscal year;
(III) The name of the administrative unit receiving a high-cost special education trust fund grant and the amount of money awarded for each trust fund grant; and
(IV) The balance in the trust fund, including principal and available interest and income in the trust fund.
(b) Notwithstanding the provisions of section 24-1-136 (11)(a)(I) to the contrary, the report required pursuant to this subsection (4) continues indefinitely.
(5) (a) This section is repealed, effective July 1, 2027.
(b) Prior to such repeal, the state treasurer shall:
(I) Transfer any unexpended and unencumbered trust fund interest and income to the general fund; and
(II) Transfer any remaining marijuana tax cash fund money transferred to the trust fund pursuant to subsection (2)(b) of this section to the marijuana tax cash fund, created in section 39-28.8-501.
C.R.S. § 22-20-115 Study - report to general assembly
22-20-115. Study - report to general assembly. (Repealed)
C.R.S. § 22-20-116 Minimum standards for educational interpreters for the deaf in the public schools - committee to recommend standards - rules
22-20-116. Minimum standards for educational interpreters for the deaf in the public schools - committee to recommend standards - rules. (1) The general assembly hereby finds that interpreting services in administrative units, state-operated programs, and approved facility schools for students who are deaf or hard of hearing need to be improved and that the absence of state standards for evaluating educational interpreters allows for inconsistencies in the delivery of educational information to students who are deaf or hard of hearing. The general assembly recognizes that educational interpreters in such educational settings must not only interpret the spoken word but must also convey concepts and facilitate the student's understanding of the educational material. The general assembly also finds that standards should be based on performance and should be developed with input from the deaf community and from persons involved in instructing deaf students. Therefore, the general assembly enacts this section for the purpose of developing appropriate standards for persons employed as educational interpreters in administrative units, state-operated programs, and approved facility schools.
(2) For purposes of this section, "educational interpreter" means a person who uses sign language in an administrative unit, a state-operated program, or an approved facility school for purposes of facilitating communication between users and nonusers of sign language and who is fluent in the languages used by both deaf and nondeaf persons.
(3) to (5) Repealed.
(6) After review and study of the recommendations of the interpreter standards committee, the state board, on or before July 1, 1998, shall promulgate rules setting minimum standards for educational interpreters for the deaf employed by or in an administrative unit, a state-operated program, or an approved facility school. The state board may revise and amend such minimum standards as it deems necessary. The state board shall promulgate rules that set forth the documentation that a person seeking employment as an educational interpreter for the deaf must submit to the employing administrative unit, state-operated program, or approved facility school.
(7) On or after July 1, 2000, in addition to any other requirements that an administrative unit, a state-operated program, or an approved facility school may establish, any person employed as an educational interpreter for deaf students on a full-time or part-time basis by or in an administrative unit, a state-operated program, or an approved facility school shall meet the minimum standards for educational interpreters for the deaf as established by rules of the state board.
C.R.S. § 22-20-117 Study of funding education programs for children with disabilities - report to the general assembly - repeal
22-20-117. Study of funding education programs for children with disabilities - report to the general assembly - repeal. (Repealed)
C.R.S. § 22-20-118 Child find from birth through two years of age - responsibilities - rules - interagency operating agreements - funding - repeal
22-20-118. Child find from birth through two years of age - responsibilities - rules - interagency operating agreements - funding - repeal. (Repealed)
C.R.S. § 22-20-118.5 Child find - responsibilities - interagency operating agreements
22-20-118.5. Child find - responsibilities - interagency operating agreements. (1) As of July 1, 2022, the department of early childhood shall administer part C child find pursuant to part 4 of article 3 of title 26.5; except that, beginning May 1, 2022, and continuing until July 1, 2022, the department of human services shall administer the referral intake process for part C child find evaluations.
(2) On or before July 1, 2022, the department shall establish a state-level interagency operating agreement, referred to in this section as the "agreement", with the department of early childhood concerning the coordination of transitions of children from part C child find to part B child find. In developing the agreement, the department and the department of early childhood shall involve stakeholder participation, including representatives from administrative units and part C entities. The agreement must also include:
(a) The definition of a child who is potentially eligible for part B;
(b) The processes for a parent of a child to opt out of required notifications;
(c) The required notification concerning a child who is potentially eligible for part B;
(d) A process for resolving disputes between an administrative unit and a part C entity concerning the satisfaction of agreement requirements, including remedies and sanctions;
(e) A process for resolving disputes between the department and the department of early childhood concerning systemic and statewide issues related to agreement requirements;
(f) The development and delivery of standardized communication materials for a parent of a child who is potentially eligible for part B, including information concerning eligibility, referral, evaluation, and service delivery;
(g) The development and delivery of standardized training for part C and part B providers, including information concerning eligibility, referral, evaluation, and service delivery for the programs;
(h) The process for transferring a child's assessment, IFSP, and other necessary information to an administrative unit for consideration of a part B evaluation and eligibility determination, if a parent has provided written consent;
(i) (I) Processes to ensure timely notification to the administrative unit if a child is potentially eligible for part B. At a minimum, timely notification must occur not later than when a child is two years and six months of age; except that timely notification must occur not later than when a child is two years and three months of age if a child has a low incidence diagnosis including, but not limited to, visual impairment, including blindness; hearing impairment, including deafness; or deaf-blind.
(II) If a child is determined to be eligible for part C when the child is older than the ages described in subsection (2)(i)(I) of this section, timely notification must occur not later than ten business days after the eligibility determination.
(j) A process for including an administrative unit representative in a transition conference for a child who transitions from part C to part B;
(k) A process for including an early intervention services provider in the development of an IEP, if requested by the parent of the child; and
(l) A process for timely transferring data that is required by law between the department and the department of early childhood.
(3) The department and the department of early childhood shall review and revise the agreement to account for any changes to state or federal law, as necessary. At a minimum, the agreement must be reviewed once every five years. In the review and revision of the agreement, the department and the department of early childhood shall involve stakeholder participation, including representatives from administrative units and part C entities.
C.R.S. § 22-20-119 Implementation of change of disability categories for children with disabilities
22-20-119. Implementation of change of disability categories for children with disabilities. On or before November 1, 2011, the department shall develop guidelines and timelines to be used by administrative units and state-operated programs for developing local systems and infrastructure that incorporate the disability categories set forth in section 22-20-103 (5)(a). The guidelines shall address necessary revisions to model forms and local training needs, pursuant to section 2-2-802, C.R.S. The timelines shall encourage administrative units and state-operated programs to implement the disability categories and related eligibility criteria established in section 22-20-103 (5)(a) as soon as possible after the state board issues implementing rules, to be adopted on or before December 1, 2012. Administrative units and state-operated programs shall have until July 1, 2016, to implement any necessary changes without loss of special education funding or incurring any other penalties.
C.R.S. § 22-20-120 Parents encouraging parents conference - legislative declaration
22-20-120. Parents encouraging parents conference - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Parents of children with disabilities often support their children until their death;
(b) There are no resources that adequately prepare parents for the task of supporting children with disabilities;
(c) Parents of children with disabilities struggle to obtain time away from caring for their child in order to gain personal insight and support from each other while learning of educational, legal, behavioral, and community resources;
(d) Both parents and professionals play critical interactive roles in a child's educational success and in developing and sustaining family and school partnerships;
(e) The parents encouraging parents conference uniquely motivates interpersonal and intrapersonal insight that is critical for successful parent and professional partnerships;
(f) The parents encouraging parents program was founded in 1978 and has made a difference in the lives of thousands of families; and
(g) Parents encouraging parents program evaluations have shown that participating parents feel less isolated than before participation and feel more hopeful and empowered to engage in advocacy for their child's education and life plans.
(2) Therefore, the general assembly declares that it is necessary to continue the parents encouraging parents program for families of children with disabilities.
(3) Subject to available federal funds, or subject to state appropriations, the department shall provide up to four parents encouraging parents conferences, referred to in this section as "conference", per year. The parents of a child with a disability are encouraged to attend as a couple. Alternatively, a parent is encouraged to attend with a support person.
(4) The department shall develop and facilitate an application process for people who want to attend a conference. At a minimum, a person is eligible to attend a conference if he or she is the parent of a child with a disability.
(5) A conference must be provided of sufficient length for content to be delivered, including at least one overnight stay.
(6) A conference shall be held at a venue equipped to meet regional conference participant needs.
(7) The department shall provide all conference participants with lodging and food, subject to available funding and consistent with state fiscal rules.
(8) The conference curriculum must include topics that enable parents to effectively partner with their children's teachers and schools to provide children with appropriate education services such as, but not limited to, the stages of grieving; special education in Colorado and the program standards for parent engagement in schools; an individual with a disability's legal rights under the federal "Individuals with Disabilities Education Act", 20 U.S.C. 1400 et seq., as amended, or other related federal or state laws; participation in regional work sessions on family and school partnerships and resources; and how parents of children with a disability can advocate for their children.
(9) The conference must provide peer support for parents at working meals and during breaks.
C.R.S. § 22-20-121 Medically necessary treatment in school setting - policy - report - definitions
22-20-121. Medically necessary treatment in school setting - policy - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Medically necessary treatment" means treatment recommended or ordered by a Colorado licensed health-care provider acting within the scope of the health-care provider's license.
(b) "Private health-care specialist" means a health-care provider who is licensed, certified, or otherwise authorized to provide health-care services in Colorado, including pediatric behavioral health treatment providers pursuant to the state medical assistance program, articles 4, 5, and 6 of title 25.5, and autism services providers who provide treatment pursuant to section 10-16-104 (1.4).
(2) (a) No later than July 1, 2023, each administrative unit shall adopt a policy that addresses how a student who has a prescription from a qualified health-care provider for medically necessary treatment receives such treatment in the school setting as required by applicable federal and state laws, including section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended, and Title II of the federal "Americans with Disabilities Act of 1990".
(b) The policy developed pursuant to subsection (2)(a) of this section must:
(I) Include a notice to the parent or legal guardian of the student that section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended, and Title II of the federal "Americans with Disabilities Act of 1990" provide rights and protections to students to access medically necessary treatment required by the student to have meaningful access to the benefits of a public education, or to attend school without risks to the student's health or safety due to the student's disabling medical condition;
(II) Address the process in which a private health-care specialist may observe the student in the school setting, collaborate with instructional personnel in the school setting, and provide medically necessary treatment in the school setting as required by section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended, and Title II of the federal "Americans with Disabilities Act of 1990"; and
(III) Provide notice of a student's right to appeal the decision of an administrative unit concerning access to medically necessary treatment in the school setting.
(3) Each administrative unit shall make the policy developed pursuant to subsection (2) of this section publicly available on the administrative unit's website and available to the parent or legal guardian of the student, upon request.
(4) (a) Beginning July 1, 2024, and each July 1 thereafter, each administrative unit shall compile and provide to the department of education the total number of requests for access to a student by a private health-care specialist pursuant to this section and whether the access was authorized or denied.
(b) Beginning January 2025, and each January thereafter, the department of education shall make the information reported pursuant to subsection (4)(a) of this section available on the department's website and report the information to the house of representatives education committee and the senate education committee, or their successor committees, as part of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by part 2 of article 7 of title 2.
C.R.S. § 22-20-122 Special education parents - training program - publish materials - legislative declaration - definition
22-20-122. Special education parents - training program - publish materials - legislative declaration - definition. (1) (a) The general assembly finds that:
(I) In the 2017-18 school year, twenty-one thousand one hundred nine students in Colorado public schools were eligible to receive special education services pursuant to the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq.;
(II) In the 2022-23 school year, twelve percent of students in Colorado public schools were identified as having a disability that qualified those students for special education services pursuant to the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq. and this article 20;
(III) Approximately fifteen percent of students in Colorado public schools are children who have an individualized education program or a section 504 accommodation; and
(IV) Federal and state laws, and related processes regarding individualized education programs, are complex and challenging to navigate.
(b) Therefore, the general assembly declares that it is an important priority to provide assistance to parents and the public to help promote understanding of individualized education programs and participation in our children's education.
(2) (a) On or before July 1, 2026, the department shall create, deliver, and make publicly available a training program. The training program must present comprehensive information, in plain and easy-to-understand language, regarding federal and state laws and procedures regarding individualized education programs, including, but not limited to, parent and student rights. The department may include interpersonal and communication strategy exercises in the training program.
(b) The department shall deliver the training program in person and make the training accessible online. The general assembly encourages anyone who wishes to participate to complete the training program in person, if practicable, in order to benefit from any interpersonal and communication strategy exercises offered during the training program.
(c) The department shall collaborate with stakeholders to create the training program. At a minimum, the department is encouraged to collaborate with parents of children who have an individualized education program, teachers, persons with disabilities, school district representatives, and members of the public.
(3) (a) On or before July 1, 2026, the department shall publish, and update as necessary, the following materials on the department's website:
(I) A recording of the training delivered pursuant to this section; and
(II) Any resources or materials developed to accompany the training program created and delivered pursuant to this section.
(b) The materials and resources published pursuant to subsection (3)(a) of this section must be available to the public and in plain and easy-to-understand language.
(3.5) Subject to available appropriations, the general assembly may appropriate money to the department for purposes of this section in state fiscal years 2024-25 and 2025-26. For state fiscal year 2026-27, and each fiscal year thereafter, the general assembly shall not appropriate money to the department for purposes of this section, and the department shall perform any duties required pursuant to this section within existing resources.
(4) Upon the request of a school district, school, state or local special education advisory committee, or community group, the department shall provide training program materials to the requestor.
(5) Upon the request of any person, the department shall provide any resources or materials developed to accompany the training program in the language requested by the person.
C.R.S. § 22-20-123 Abbreviated school days - report - rules - legislative declaration - definitions
22-20-123. Abbreviated school days - report - rules - legislative declaration - definitions. (1) (a) The general assembly finds and declares that:
(I) In the 2017-18 school year, twenty-one thousand one hundred nine students in Colorado schools were eligible to receive special education services pursuant to section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq., as amended;
(II) In the 2022-23 school year, twelve percent of students in Colorado schools were identified as having a disability that qualified these students for special education pursuant to the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400, et seq., as amended, and the "Exceptional Children's Educational Act", this article 20;
(III) Children with disabilities who are on an individualized education program or a section 504 plan account for fifteen percent of the student population in Colorado;
(IV) It is difficult for children with disabilities to receive services in accordance with their IEP or section 504 plan or access general education curriculum when they are not in school;
(V) Many children with disabilities are not allowed to attend a full day of school; and
(VI) The United States department of education and the Colorado department of education have mechanisms to enforce the rights of children with disabilities, but clarification is needed to define what constitutes abbreviated school days and the process that occurs when children with disabilities are placed on abbreviated school day schedules.
(b) The general assembly finds, therefore, that clarifying when and how abbreviated school day schedules may be implemented in compliance with the requirements of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400, et seq., as amended; section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq., as amended; and the "Exceptional Children's Educational Act", this article 20, is important.
(2) As used in this section, unless the context otherwise requires:
(a) "Abbreviated school day" means any school day during which a child with disabilities receives instruction or educational services for fewer hours than the majority of other students who are in the same grade and school district of attendance as the child with disabilities, whether the abbreviated school day is planned or unplanned.
(b) "Section 504" means section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq., as amended.
(c) "Section 504 plan" means a plan pursuant to section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq., as amended, that provides guidance and support for a child with disabilities.
(d) "Section 504 team" means a group of knowledgeable individuals who consider a variety of sources to determine what a student needs to receive a free appropriate public education in accordance with section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq., as amended.
U.S.C. sec. 701 et seq., as amended, that provides guidance and support for a child with disabilities.
(d) "Section 504 team" means a group of knowledgeable individuals who consider a variety of sources to determine what a student needs to receive a free appropriate public education in accordance with section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq., as amended.
(3) (a) The department shall create and implement a policy that explains the:
(I) Definition of an abbreviated school day, including how the definition applies to attendance and school discipline;
(II) Circumstances in which abbreviated school day schedules are permissible and impermissible;
(III) Role of the IEP team or section 504 team who must make the decision to assign the children with disabilities to abbreviated school day schedules;
(IV) Extent to which children with disabilities may participate in field trips, school functions, and extracurricular activities;
(V) Documentation and maintenance of records for each child with disabilities who is placed on an abbreviated school day schedule, which must include the following:
(A) The daily school schedule of the child with disabilities;
(B) Whether the parents, legal guardians, or custodians of the child with disabilities consented to the assigned abbreviated school day schedule;
(C) The administrative unit's justification for the abbreviated school day schedule;
(D) How the delivery of a free appropriate public education will be achieved with the abbreviated school day schedule if the child with disabilities has an IEP or a section 504 plan;
(E) Whether the abbreviated school day schedule will impact the ability to educate the child with disabilities in the least restrictive environment;
(F) A timeline to review the abbreviated school day schedule to determine the percentage of the school year the child with disabilities is in school and if it is appropriate and complies with applicable federal and state laws and regulations; and
(G) The appropriate point of contact for parents, legal guardians, or custodians if there is concern that a law, regulation, or policy has been violated;
(VI) Review of an abbreviated school day schedule on a regular basis as determined by an IEP team, as described in section 22-20-108 (1)(b), or a section 504 team, to consider whether the abbreviated school day schedule is necessary for the child with disabilities. During the review meetings, the IEP team or the section 504 team shall discuss and document the need for continuing an abbreviated school day schedule for the child with disabilities.
(VII) Information that parents, legal guardians, or custodians of children with disabilities must receive regarding abbreviated school day schedules, which must inform the parents, legal guardians, or custodians of their right to consent to, revoke consent to, or oppose the abbreviated school day schedule; and
(VIII) Procedural safeguard information distributed to parents, legal guardians, or custodians of children with disabilities prior to any meeting in which an abbreviated school day schedule is discussed.
(b) The state board shall promulgate rules as necessary for the implementation of this section.
(c) Administrative units shall adopt the policy described in subsection (3)(a) of this section.
(4) (a) A child with disabilities who voluntarily enrolls in classes consistent with full-time attendance and graduates timely is not considered on an abbreviated school day schedule.
chedule is discussed.
(b) The state board shall promulgate rules as necessary for the implementation of this section.
(c) Administrative units shall adopt the policy described in subsection (3)(a) of this section.
(4) (a) A child with disabilities who voluntarily enrolls in classes consistent with full-time attendance and graduates timely is not considered on an abbreviated school day schedule.
(b) This section does not prohibit the extension of education time for children with disabilities receiving services in accordance with their IEP or section 504 plan.
(5) Each administrative unit shall create a plan to support a child with disabilities who is assigned an abbreviated school day schedule, which must include the outcomes for placing the child with disabilities on an abbreviated school day schedule and a description of the stages for gradual reintroduction to return the child with disabilities to a full-time school day schedule.
(6) (a) The department, through its general supervision and monitoring responsibilities required pursuant to the IDEA, shall apply the relevant provisions of the IDEA to eliminate the frequent and long-term use of abbreviated school days that may constitute the denial of a free appropriate public education for children with disabilities.
(b) The department does not have jurisdiction to enforce section 504. Complaints regarding section 504 must be made to the United States department of education's office of civil rights or the United States department of justice.
(7) The department shall provide ongoing technical assistance on abbreviated school day schedules to administrative units.
(8) The department shall provide annual training to administrative units. The annual training must include guidance on how abbreviated school days impact Colorado's compliance with the IDEA and section 504.
(9) (a) On or before July 1, 2026, and each July 1 thereafter, local education providers, as defined in section 22-16-103, shall submit a report to the department summarizing the following:
(I) The number of children with disabilities who were placed on an abbreviated school day schedule during the preceding school year;
(II) The number of days and the percentage of the school year that each child with disabilities was placed on an abbreviated school day schedule;
(III) The student demographic information for each child with disabilities placed on an abbreviated school day schedule, including race, gender, English language learner status, and whether the child has a disability pursuant to section 504 or the IDEA, to the extent possible while maintaining student privacy; and
(IV) The student demographic data collected in subsections (9)(a)(I) to (9)(a)(III) of this section disaggregated by race, gender, English language learner status, and disability status pursuant to section 504 or the IDEA, to the extent possible while maintaining student privacy.
(b) The department shall collect the individual student data described in subsection (9)(a) of this section.
(c) On or before November 1, 2026, and each November 1 thereafter, the department shall post the reports received pursuant to subsection (9)(a) of this section to the department's website.
(10) (a) Beginning in January 2027, and in January every year thereafter, the department shall include as part of its presentation during its "SMART Act" hearing required by section 2-7-203 information concerning abbreviated school days and the data reported pursuant to subsection (9) of this section.
(b) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (10) continues indefinitely.
C.R.S. § 22-20-201 Legislative declaration
22-20-201. Legislative declaration. (1) The general assembly, recognizing the obligation of the state of Colorado to provide educational opportunities to all children that will enable them to lead fulfilling and productive lives, declares that the purpose of this part 2 is to provide means for identifying and educating those children who are gifted.
(2) It is the intent of the general assembly that:
(a) Evidence-based practices support instruction and the social and emotional development of gifted children; and
(b) Each gifted child is educated in a rigorous learning environment and culture that develops the child's areas of exceptionality and coordinates programs and services among available support systems.
(3) The general assembly further finds and declares that traditional assessment methods may not adequately identify some gifted children, including children from all socioeconomic, ethnic, and cultural populations and gifted children who also have disabilities. It is therefore the general assembly's intent that the state board, the department, and every administrative unit include all student groups in each administrative unit's procedures for identifying gifted children and for developing educational programs that include gifted children.
(4) The general assembly declares that, for purposes of section 17 of article IX of the state constitution, gifted education programs are accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-20-202 Definitions
22-20-202. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Administrative unit" means a school district, a board of cooperative services, a charter school network, a charter school collaborative, or the state charter school institute that is providing educational services to exceptional children and that is responsible for the local administration of this article 20.
(2) "Advanced learning plan" means a written record of a gifted student's strengths and academic and affective learning goals and the resulting programming utilized with each gifted child and considered in educational planning and decision-making.
(3) "Annual plan" means an administrative unit's comprehensive gifted education plan and annual proposed budget form that the administrative unit submits to the department pursuant to state board rules.
(4) "Aptitude" means an exceptional ability to reason and learn. Screening procedures for gifted children may consider aptitude in the context of a defined top range of performance or test scores for purposes of recognizing gifted potential or for identifying a talent pool for developing giftedness in one or more domains, as defined by rule of the state board.
(5) "Assessment" means methods, tools, and data collected as a body of evidence for use in the following gifted education processes:
(a) Identification and programming; and
(b) Monitoring the gifted child's performance and outcomes.
(6) "Board of cooperative services" means a regional educational services unit created pursuant to article 5 of this title and designed to provide supporting, instructional, administrative, facility, community, or any other services contracted by participating members.
(7) "Competence" means documented performance, achievement, or test scores on standardized or locally normed test results. Screening procedures may consider competence in the context of a defined range of student performance, as described by rule of the state board, for purposes of recognizing gifted potential or identifying a talent pool for developing giftedness.
(8) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(9) "Evaluation" means evaluation procedures, methods, and tools used to initially identify a gifted child, assess and monitor the child's progress, and evaluate the child and the gifted program. Evaluation includes, but needs not be limited to:
(a) Identifying the child's unique strengths, interests, and needs;
(b) Monitoring the child's academic achievement and growth;
(c) Identifying the priorities and concerns of the child's family and resources to which the family and the child's school have access; and
(d) Determining program strengths and areas for program improvement.
(10) "Exceptional child" means:
(a) A child defined in section 22-20-103 (5) as a child with a disability. An administrative unit shall serve every child with a disability from three to twenty-one years of age and may serve children with disabilities from birth through two years of age.
and the child's school have access; and
(d) Determining program strengths and areas for program improvement.
(10) "Exceptional child" means:
(a) A child defined in section 22-20-103 (5) as a child with a disability. An administrative unit shall serve every child with a disability from three to twenty-one years of age and may serve children with disabilities from birth through two years of age.
(b) A child defined in subsection (11) of this section as a gifted child. Pursuant to section 22-20-204 (1), an administrative unit shall adopt and submit to the department a program plan to identify and serve gifted children who are at least five years of age.
(11) "Gifted child" means a person from four to twenty-one years of age whose aptitude or competence in abilities and talents and potential for accomplishments in one or more domains, as defined by state board rule, are so outstanding that he or she requires special provisions to meet his or her educational needs.
(12) "Gifted education services" or "gifted education programs" means the services or programs provided to gifted children pursuant to this part 2. "Gifted education services" and "gifted education programs" include, but need not be limited to, strategies, programming options, and interventions reflecting evidence-based practices, such as acceleration, concurrent enrollment, differentiated instruction, and affective guidance.
(13) "Highly advanced gifted child" means a gifted child that an administrative unit, using criteria and a process established by rules that the state board promulgates pursuant to section 22-20-204.5 (4), has identified as a highly advanced gifted child.
(14) "Individual career and academic plan" means the plan created for each student pursuant to sections 22-30.5-525 and 22-32-109 (1)(oo).
(15) "Program elements" means components of a program plan, which include, but need not be limited to, definition, communication, identification, programming, personnel, accountability, reporting, record keeping, and resolution of disagreements.
(16) "Program plan" means a comprehensive and complete narrative of program elements described in state board rules. A program plan must include, but need not be limited to:
(a) The procedures the administrative unit will use to identify gifted students;
(b) The programming and documentation options that the administrative unit will implement in operating the gifted program; and
(c) Actions and tools for ensuring accountability for the academic achievement of gifted children and for evaluating the gifted program, which actions and tools are aligned with state accountability and program evaluations.
(17) "Qualified person" or "qualified personnel" means an educator that holds or is working toward attaining a gifted education license endorsement, a director of gifted education license endorsement, or a master's degree or higher in gifted education.
(18) "School district" means a school district organized and existing pursuant to law, but shall not include a local college district.
(19) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-20-203 Administration - rules - state advisory committee
22-20-203. Administration - rules - state advisory committee. (1) (a) The department shall administer this part 2, which includes recommending to the state board reasonable rules necessary to implement this part 2, including but not limited to:
(I) Procedures regarding the identification of gifted children and the collection of data on their areas of giftedness;
(II) Criteria that administrative units must satisfy in adopting program plans to identify and serve gifted children;
(III) Required contents of an advanced learning plan and the procedures and responsibilities for creating a gifted child's advanced learning plan;
(IV) Statewide procedures to ensure the portability of a gifted child's identification as gifted;
(V) Criteria and procedures to ensure accountability for gifted students' academic achievement and for evaluation of gifted education programs;
(VI) Criteria to ensure administrative units' accountability for annual gifted education program budgets and expenditures;
(VII) Procedures for parent, family, and student engagement and communication with regard to gifted education programs; and
(VIII) Procedures that an administrative unit must use in resolving disagreements with parents.
(b) The state board shall adopt appropriate recommendations as rules to implement this part 2 following public comment and hearing. The rules that the state board promulgates must be in accord with the legislative declaration set forth in section 22-20-201. The state board rules that are in effect to implement this part 2 before August 6, 2014, may continue in effect after that date to the extent the state board finds that the rules continue to be appropriate, and the state board shall promulgate pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., such additional rules as may be necessary to implement this part 2.
(c) The department shall provide to an administrative unit that provides gifted education program plans, programs, advanced learning plans, or services that do not comply with the state board rules, a detailed analysis of any discrepancies noted along with specific recommendations to correct the discrepancies. The department must allocate or continue allocating to the administrative unit applicable federal and state funding for a reasonable period of time, as determined by the department, to allow the administrative unit an opportunity to comply with the rules. An administrative unit may establish a claim for variance based on conditions indigenous to or unique to the administrative unit.
(2) To implement the provisions of this part 2, the state board and the department may provide for such personnel within the department as are deemed necessary for these purposes.
(3) The general assembly recognizes that, to assist the state board in performing its responsibilities in implementing this part 2, the state board has appointed a state gifted education advisory committee of an appropriate size. On and after August 6, 2014, the membership of the advisory committee must continue to include representatives from each congressional district in the state and consist of persons involved in or concerned with the education of gifted children. The state board shall continue to appoint members for terms as stated in the bylaws of the advisory committee. Members of the advisory committee continue to serve without compensation but may receive reimbursement for expenses.
C.R.S. § 22-20-204 Gifted education - program plans - implementation - qualified personnel - local advisory committees
22-20-204. Gifted education - program plans - implementation - qualified personnel - local advisory committees. (1) Each administrative unit shall provide a gifted education program in accordance with this part 2 and the rules of the state board. Each administrative unit shall adopt a gifted education program plan that the administrative unit can implement within the local, state, and federal moneys and resources that are available to the administrative unit for gifted education. Each administrative unit shall submit the program plan to the department, as provided in state board rule. At a minimum, each program plan must:
(a) Include procedures for reporting data collection and maintenance concerning implementation of the gifted education program;
(b) Include appropriate opportunities for concurrent enrollment, as provided in article 35 of this title, if indicated by a gifted child's advanced learning plan or individual career and academic plan;
(c) Satisfy any criteria established by rules promulgated by the state board for the implementation of this part 2; and
(d) Be consistent with the advanced learning plans of the gifted children that the administrative unit identifies.
(2) Each administrative unit is also strongly encouraged to include in the program plan a universal screening, as defined by state board rule, of enrolled students no later than second grade to identify gifted children and a second screening of gifted children in conjunction with the creation of each child's individual career and academic plan.
(3) To implement the program plan that each administrative unit adopts pursuant to this section, each administrative unit shall ensure that its constituent schools and school districts make available the gifted education services specified in each gifted child's advanced learning plan to the extent described in the administrative unit's program plan.
(4) To comply with this section, an administrative unit may contract with one or more administrative units to establish and maintain gifted education programs for the education of gifted children, sharing the costs of the gifted education programs in accordance with the terms of the contract. An administrative unit that has fewer than six children who need a particular kind of gifted education program may purchase services from one or more administrative units that provide the appropriate gifted education program.
(5) (a) Each administrative unit shall make a good-faith effort to hire and retain on at least a half-time basis at least one qualified person in gifted education to administer the administrative unit's gifted programs and implement the administrative unit's program plan. The qualified person must meet the qualification standards set by rule of the state board.
(b) Institutions of higher education that are located within the state are encouraged to work with the administrative units, the state board, and the department to provide endorsement and degree programs, other staff development, and in-service opportunities to increase the number of qualified persons and to increase the capacity of all educators to implement each administrative unit's gifted education program and to implement gifted students' advanced learning plans.
(6) To assist an administrative unit in implementing its program plan and providing services to gifted children, each administrative unit is strongly encouraged to establish and maintain a local advisory committee that includes persons who are involved in or concerned with gifted education and concerned with improving the delivery of and communication concerning gifted education.
C.R.S. § 22-20-204.3 Identification of gifted children - advanced learning plans - creation - rules
22-20-204.3. Identification of gifted children - advanced learning plans - creation - rules. (1) Each administrative unit, through its program plan, shall use an identification assessment and review by a team, as described in state board rule, to identify gifted children. The team shall use a body of evidence upon which to base the determination of giftedness, which evidence must include, at a minimum, the identification assessment results, parental input, and multiple types of measures and data sources.
(2) When a child is identified as gifted, the administrative unit shall ensure that an advanced learning plan is created for the child, which specifies the programming, services, and interventions that correspond to the child's strengths and needs. The administrative unit shall implement each gifted child's advanced learning plan in accordance with the administrative unit's program plan.
(3) The state board shall promulgate rules that specify the procedures and criteria for identifying gifted children and creating advanced learning plans.
C.R.S. § 22-20-204.5 Highly advanced gifted children - identification - rules - legislative declaration
22-20-204.5. Highly advanced gifted children - identification - rules - legislative declaration. (1) (a) In adopting and implementing a program plan to identify and serve gifted children pursuant to section 22-20-204, each administrative unit may include in its program plan provisions to identify and serve highly advanced gifted children who are:
(I) Four years of age and for whom early access to kindergarten is deemed appropriate by the administrative unit; and
(II) Five years of age and for whom early access to first grade is deemed appropriate by the administrative unit.
(b) In making determinations pursuant to paragraph (a) of this subsection (1), an administrative unit shall apply the criteria and process established by rules promulgated by the state board pursuant to subsection (4) of this section.
(2) If an administrative unit includes in its program plan provisions to identify and serve highly advanced gifted children as described in subsection (1) of this section, the administrative unit must make available to a person upon request the administrative unit's criteria and process for identifying a highly advanced gifted child for whom early access to kindergarten or first grade is deemed appropriate. At a minimum, the administrative unit must provide the time frames, deadlines, and any specific tests and threshold scores that the administrative unit uses to identify and make a final determination concerning a highly advanced gifted child.
(3) If an administrative unit includes in its program plan provisions to identify and serve highly advanced gifted children as described in subsection (1) of this section, the administrative unit may charge a fee for any assessments or other procedures that the administrative unit performs to identify a highly advanced gifted child for whom early access to kindergarten or first grade is deemed appropriate; except that an administrative unit shall not charge a fee for any assessments or other procedures if the child who is the subject of the assessments or other procedures is eligible for a free or reduced-price meal pursuant to the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.
(4) (a) The state board shall promulgate rules to establish criteria and a process that an administrative unit must use, pursuant to subsection (1) of this section, to make determinations regarding the advanced placement of highly advanced gifted children.
(b) At a minimum, the criteria established by rules must include consideration of a child's:
(I) Aptitude;
(II) Achievement;
(III) Performance;
(IV) Readiness for advanced placement;
(V) Observable social behavior;
(VI) Motivation to learn; and
(VII) Support from parents, teachers, and school administrators.
(c) The process established by rules must include:
(I) A timeline according to which a child's parents may apply for advanced placement for the child;
(II) A description of the administrative unit personnel who are involved in the process of identifying highly advanced gifted children for whom advanced placement is appropriate;
(III) A description of how the administrative unit personnel must evaluate each child for whom the child's parents are seeking advanced placement;
(IV) A description of the entire body of evidence that the administrative unit personnel must use to evaluate each child for whom the child's parents are seeking advanced placement;
(V) A description of how administrative unit personnel must collaboratively make decisions concerning the advanced placement of highly advanced gifted children; and
(VI) A description of how an administrative unit must monitor the performance of a child who has received an advanced placement pursuant to this section.
valuate each child for whom the child's parents are seeking advanced placement;
(V) A description of how administrative unit personnel must collaboratively make decisions concerning the advanced placement of highly advanced gifted children; and
(VI) A description of how an administrative unit must monitor the performance of a child who has received an advanced placement pursuant to this section.
(5) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, provisions to identify and serve highly advanced gifted children who are four years of age and for whom early access to kindergarten is deemed appropriate by an administrative unit or who are five years of age and for whom early access to first grade is deemed appropriate by an administrative unit are important elements of accountable education reform and expanding the availability of preschool and kindergarten programs and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-20-205 Gifted education - funding - legislative declaration
22-20-205. Gifted education - funding - legislative declaration. (1) For each fiscal year, the appropriations that the general assembly makes to fund programs for gifted children must be designated by a separate line item in the annual general appropriation act. The moneys that the general assembly appropriates for gifted education programs must supplement, not supplant, funding for programs for students with disabilities.
(2) (a) The general assembly shall appropriate moneys to offset the costs incurred by administrative units in:
(I) Conducting a universal screening of enrolled students no later than second grade to identify gifted children and a second screening of gifted children in conjunction with the creation of each child's individual career and academic plan;
(II) Employing a qualified person in gifted education as described in section 22-20-204 (4)(a).
(b) An administrative unit may conduct either or both the universal screening of enrolled students no later than second grade and the second screening in conjunction with the creation of each child's individual career and academic plan. An administrative unit may apply to the department for a grant for the screenings it conducts. The department shall distribute moneys appropriated for the costs of conducting the screenings to each administrative unit that applies for a grant. The amount of each grant must be based on the number of students who participate in the screening and the per pupil cost of the screening.
(c) An administrative unit that hires a qualified person on at least a half-time basis to administer the administrative unit's gifted programs and implement the administrative unit's program plan may apply to the department for a grant to offset the costs incurred in employing the qualified person on a half-time basis. The department shall distribute moneys appropriated for the costs of employing qualified persons on a half-time basis to each administrative unit that applies for a grant. The amount of each grant must be equal to the costs incurred by the applying administrative unit in employing the qualified person on a half-time basis.
(d) The state board shall promulgate rules as necessary to implement paragraphs (b) and (c) of this subsection (2), including, but not limited to, rules to specify the deadline by which administrative units must apply for grants pursuant to paragraphs (b) and (c) of this subsection (2). The department shall distribute any amount remaining of the moneys appropriated for purposes of paragraphs (b) and (c) of this subsection (2) to administrative units in the same manner that it distributes the moneys appropriated pursuant to subsection (1) of this section. Notwithstanding any provision of this section to the contrary, in a budget year in which the general assembly does not appropriate moneys pursuant to paragraph (a) of this subsection (2) in an amount that is sufficient to fully fund the grants authorized in paragraph (b) or (c) of this subsection (2), the department shall distribute moneys to grant applicants, subject to the available appropriations, based on the order in which it receives applications.
rary, in a budget year in which the general assembly does not appropriate moneys pursuant to paragraph (a) of this subsection (2) in an amount that is sufficient to fully fund the grants authorized in paragraph (b) or (c) of this subsection (2), the department shall distribute moneys to grant applicants, subject to the available appropriations, based on the order in which it receives applications.
(e) If an administrative unit is conducting the universal screening and the second screening or employing a qualified person in gifted education before August 6, 2014, the administrative unit must use the moneys received pursuant to paragraph (b) or (c) of this subsection (2) for other costs incurred in implementing the administrative unit's gifted education program as provided in subsection (4) of this section.
(3) An administrative unit may not refuse to accept state or federal moneys for implementing a program plan, but shall adopt and implement a program plan that the administrative unit can implement within the local, state, and federal moneys and resources that are available to the administrative unit for gifted education.
(4) An administrative unit may use funding for gifted education programs only for the costs associated with:
(a) Appropriately licensed and endorsed personnel;
(b) Programming options and counseling related to serving gifted children;
(c) Materials used in serving gifted children;
(d) Professional development for personnel who serve gifted children; and
(e) The direct administrative costs and other limited expenditures, as defined by state board rule, that the administrative unit incurs in implementing the gifted education program.
(5) (a) Beginning in the 2023-24 budget year, the general assembly shall appropriate from the state education fund the amount necessary each budget year to provide by the 2027-28 budget year full universal screening of enrolled students no later than second grade to identify gifted children and a second screening of gifted children in conjunction with the creation of each child's individual career and academic plan, and qualified personnel necessary to provide the screenings.
(b) The general assembly finds and declares that for the purposes of section 17 of article IX of the state constitution, providing funds for universal screening for the purpose of providing universal screening of enrolled students no later than second grade to identify gifted children and a second screening of gifted children in conjunction with the creation of each child's individual career and academic plan, and qualified personnel necessary to provide the screenings, pursuant to this section is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-20-206 Length of gifted education program
22-20-206. Length of gifted education program. An administrative unit shall ensure that its gifted education program provides programs and services for gifted children for at least the number of days calendared for the school year by each school district in which the administrative unit provides the gifted education program.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-22.docxFetched: 10/6/2026