C.R.S. § 26-21-101 Short title
26-21-101. Short title. The short title of this article 21 is the "Colorado Commission for the Deaf, Hard of Hearing, and Deafblind Act".
Communication Services for People with Disabilities Enterprise Act
C.R.S. tit. 26, art. 21
in effectC.R.S. § 26-21-102 Legislative declaration
26-21-102. Legislative declaration. The general assembly hereby finds, determines, and declares that a commission for the deaf, hard of hearing, and deafblind facilitates the provision of state and local government services to the deaf, hard of hearing, and deafblind while making government more efficient. Under the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, Colorado has a duty to provide equivalent access to state government and public accommodations to the deaf, hard of hearing, and deafblind. This duty requires state departments and agencies to provide auxiliary services, communications technology equipment, and other resources to ensure access. Centralizing and unifying such resources under a Colorado commission creates cost savings for the state. In addition, the consolidation of resources facilitates quality control and increases the effectiveness of services while increasing access to services by the deaf, hard of hearing, and deafblind.
C.R.S. § 26-21-103 Definitions
26-21-103. Definitions. As used in this article 21, unless the context otherwise requires:
(1) "Advisory council" means the Colorado deafblind advisory council appointed by the commission in accordance with section 26-21-105 (2)(f).
(1.5) "Auxiliary services" means those aids and services that assist in effective communication with a person who is deaf, hard of hearing, or deafblind. "Auxiliary services" are also known as "communication access services" and may include but are not limited to:
(a) The services of a qualified interpreter as defined in section 13-90-202 (8);
(b) The provision of a qualified communication access realtime translation (CART) reporter;
(c) The provision of an assistive listening device; or
(d) The acquisition or modification of equipment or devices to assist in effective communication with a person who is deaf, hard of hearing, or deafblind.
(2) Repealed.
(3) "Commission" means the Colorado commission for the deaf, hard of hearing, and deafblind.
(4) "Communications technology" means any communication device or application utilizing radio, television, cellular phone, computer and network hardware and software, satellite, cable, broadband systems, or similar medium and the services and applications associated with those mediums, including video and teleconference services.
(4.3) "Deafblind" means a person who has concomitant hearing and visual impairments, the combination of which causes such severe communication barriers and developmental and educational challenges that a child who is deafblind cannot be accommodated in special education programs designed solely for children who are deaf or children who are blind.
(4.7) "Intervener" means a person who is at least eighteen years of age and:
(a) Is knowledgeable in a variety of techniques used to support a child who is deafblind to meaningfully participate in the child's community;
(b) Has completed or is enrolled in an intervener training program and has obtained an intervener certificate or provisional intervener certificate;
(c) Has the ability to proficiently communicate in the functional language of the child to whom the intervener is assigned;
(d) Has at least one year of experience working with individuals with deafness, blindness, deafblindness, or intellectual and developmental disabilities; and
(e) Has at least six months of experience working with individuals who have deafblindness.
(4.8) "Intervener program manager" means a person who has demonstrated intervener abilities and can proficiently communicate in the functional language of children who are deafblind and:
(a) Has a minimum of one year of paid experience in community programs planning and providing direct services to children with deafness, blindness, deafblindness, or multiple disabilities, and has a master's degree in a health and human services-related field; or
ho has demonstrated intervener abilities and can proficiently communicate in the functional language of children who are deafblind and:
(a) Has a minimum of one year of paid experience in community programs planning and providing direct services to children with deafness, blindness, deafblindness, or multiple disabilities, and has a master's degree in a health and human services-related field; or
(b) Has a minimum of two years of paid experience in community programs planning and providing direct services to individuals with deafness, blindness, deafblindness, or multiple disabilities, and has a bachelor's degree in a health and human services-related field.
(5) "Late deafened" means a person whose hearing loss began in late childhood, adolescence, or adulthood, after the person acquired oral language skills.
(6) "Latent deafblind" means a person who has an existing ear and eye condition that has not yet manifested.
(7) "Low vision" means an eye condition where visual acuity is 20/70 or poorer in the better eye and the condition cannot be corrected or improved with optical corrective devices.
(8) "Orientation and mobility specialist" means a professional who focuses on instructing individuals who are deafblind on how to effectively and independently travel through their environment.
(9) "State court system" means the system of courts, or any part thereof, established pursuant to articles 1 to 9 of title 13 and article VI of the state constitution. "State court system" does not include the municipal courts or any part thereof.
(10) "Support service provider" means a person who provides visual and environmental information, acts as a sighted guide, or facilitates communication for deafblind individuals.
C.R.S. § 26-21-104 Commission created - appointments
26-21-104. Commission created - appointments. (1) The Colorado commission for the deaf, hard of hearing, and deafblind is created in the department of human services. The commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(2) The commission consists of seven members appointed by the governor as follows:
(a) One member who is deaf;
(b) One member who is hard of hearing;
(c) One member who is a professional working with individuals in the deaf, hard-of-hearing, or deafblind community;
(d) One member who is a parent of a deaf, hard-of-hearing, or deafblind person;
(e) One member who is late deafened;
(f) One member who is an auxiliary services provider for the deaf, hard of hearing, or deafblind and who is qualified to use at least one of the titles listed in section 6-1-707 (1)(e); and
(g) One member who is deafblind.
(3) (a) Members shall serve terms of four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A member shall not serve more than two consecutive four-year terms.
(b) The governor shall appoint a qualified person to fill any vacancy on the commission for the remainder of any unexpired term.
(4) At least ninety days prior to the expiration of a member's term of office, the commission shall create a list of nominees. The nominees' names shall be submitted to the governor at least forty-five days prior to the expiration of the preceding term for which the nominees are being considered. If the governor approves the nominees, the governor shall appoint one of the nominees for each open position within ninety days after the date of each vacancy; otherwise, the governor shall appoint qualified persons in consultation with the commission.
C.R.S. § 26-21-105 Appointment of commission director - commission procedures - advisory council - creation
26-21-105. Appointment of commission director - commission procedures - advisory council - creation. (1) The executive director of the department of human services or the executive director's designee shall appoint a director of the commission. The executive director of the department shall provide comment and input to the commission on the hiring of the director.
(2) (a) The commission shall convene its first meeting of each fiscal year no later than October 1.
(b) The commission may adopt such policies as are necessary to facilitate orderly conduct of its business.
(c) The commission shall meet at least quarterly. Meetings shall also be held on call of the chair or at the request of at least three members of the commission.
(d) The commission shall adopt no official position, recommendation, or action except by the concurrence of a majority of the members.
(e) The commission shall encourage development and coordination of public and private agencies providing assistance to deaf, hard-of-hearing, and deafblind persons.
(f) (I) There is created the Colorado deafblind advisory council consisting of seven members.
(II) The advisory council shall advise the commission, state and local governments, and other relevant entities on how to increase competitive integrated employment as defined in section 8-84-301, enlarge economic opportunities, enhance independence and self-sufficiency, and improve services for deafblind persons.
(III) The commission shall appoint initial members to the advisory council by July 1, 2019. The commission shall designate four members to serve an initial four-year term and three members to serve an initial six-year term. After the initial terms, all subsequent appointees serve four-year terms. The commission shall appoint a qualified person to fill any vacancy on the advisory council for the remainder of any unexpired term. The advisory council has the following appointees:
(A) One member who is deaf and blind;
(B) One member who is deaf and low vision;
(C) One member who is hard of hearing and blind;
(D) One member who is hard of hearing and low vision;
(E) One member who is latent deafblind;
(F) One member who is a professional working with the deafblind community; and
(G) One member who is a parent of a deafblind child.
(3) and (4) (Deleted by amendment, L. 2009, (SB 09-144), ch. 219, p. 987, § 4, effective August 5, 2009.)
C.R.S. § 26-21-106 Powers, functions, and duties of commission - auxiliary services program- community access program - report - rules - definitions
26-21-106. Powers, functions, and duties of commission - auxiliary services program- community access program - report - rules - definitions. (1) The powers, functions, and duties of the commission include:
(a) Serving as a liaison between deaf, hard of hearing, and deafblind and the general assembly, governor, and Colorado departments and agencies;
(b) Serving as an informational resource to state and local governments, deaf, hard of hearing, deafblind, private agencies, and other entities;
(c) Serving as a referral agency for deaf, hard of hearing, and deafblind to state agencies and institutions, local government agencies, private agencies, and other entities;
(d) Assessing how communications technology has affected the needs of deaf, hard of hearing, and deafblind. The commission shall assess the type and amount of equipment needed by deaf, hard-of-hearing, and deafblind persons who qualify under the federal poverty guidelines established in accordance with the "Omnibus Budget Reconciliation Act of 1981", 42 U.S.C. 9902 (2).
(e) Assessing the needs of deaf, hard of hearing, and deafblind and reporting annually to the governor and the general assembly any recommendations for legislation or administrative changes that may facilitate or streamline the provision of general government services to deaf, hard of hearing, and deafblind. Notwithstanding section 24-1-136 (11)(a)(I), on or before September 1 of each year, the commission must file the report required by this subsection (1)(e). In preparing the annual report and recommendations, the commission shall consider the following:
(I) Whether any existing statutory or administrative provisions impede the ability of the commission to act as a statewide coordinating agency advocating for deaf, hard-of-hearing, and deafblind individuals in Colorado;
(II) Any methods, programs, or policies that may improve communication accessibility and quality of existing services, promote or deliver necessary new services, and assist state agencies in the delivery of services to deaf, hard of hearing, and deafblind;
(III) Any methods, programs, or policies that may make providing access to government services more efficient; and
(IV) Any methods, programs, or policies that may improve implementation of state policies affecting deaf, hard of hearing, and deafblind and their relationship with the general public, industry, health care, and educational institutions.
(f) Approving an entity's certification of sign language interpreters in accordance with section 6-1-707 (1)(e)(I)(B).
(2) The commission shall consider the findings of any study authorized under this section and may approve, disapprove, or amend the findings. After consideration of the findings, the commission shall submit a report with recommendations including proposed legislation, if necessary, to the governor and to the general assembly. The commission shall submit the report annually notwithstanding section 24-1-136 (11)(a)(I), and may combine the report with, or include the report as a part of, the annual report prepared under subsection (1)(e) of this section.
(3) The commission shall establish and coordinate a communications technology program that is consistent with the findings of subsection (1) of this section to obtain and distribute interactive telecommunications and other communications technology equipment needed by deaf, hard-of-hearing, and deafblind persons.
(4) The commission, in collaboration with the judicial department, shall arrange for auxiliary services for the state court system. Arranging auxiliary services for the state court system includes:
(a) Coordinating statewide and day-to-day scheduling of auxiliary services;
(b) Creating and managing a process by which requests for auxiliary services may be filled;
(c) Identifying, coordinating, and placing the appropriate auxiliary services with all concerned parties;
rrange for auxiliary services for the state court system. Arranging auxiliary services for the state court system includes:
(a) Coordinating statewide and day-to-day scheduling of auxiliary services;
(b) Creating and managing a process by which requests for auxiliary services may be filled;
(c) Identifying, coordinating, and placing the appropriate auxiliary services with all concerned parties;
(d) Coordinating the purchase, shipment, and receipt of assistive listening devices and systems pursuant to applicable state rules;
(e) Creating and managing efficient and consistent processes through which auxiliary services providers may submit required documentation and receive payment for services;
(f) Communicating with auxiliary services users, providers, and state court system agencies to resolve issues between those parties; and
(g) (I) Establishing, monitoring, and publishing a list of available qualified interpreters and CART providers for deaf, hard-of-hearing, or deafblind persons.
(II) For the purposes of this subsection (4)(g):
(A) "CART provider" means a person providing a word-for-word speech-to-text translation service for deaf, hard of hearing, or deafblind.
(B) "Qualified interpreter" means a person who has a valid certification of competency accepted by the commission and includes, but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.
(5) Repealed.
(6) The commission shall establish and maintain outreach and consulting services to improve and ensure effective access to auxiliary services by critical state and local government agencies, private agencies, and other entities. The commission shall also use these services to increase awareness of the programs funded by the Colorado telephone users with disabilities fund established pursuant to section 40-17-104.
(7) The commission's outreach and consulting services include the following duties:
(a) Provide resources to individuals who have encountered barriers to obtaining necessary services;
(b) Assist individuals in understanding and accessing services that may be available to them;
(c) Consult with state and local government agencies and private entities so that they are equipped to provide direct services or services with accommodations to deaf, hard-of-hearing, and deafblind individuals;
(d) Increase public awareness of the needs and issues facing deaf, hard-of-hearing, and deafblind individuals; and
(e) Develop and maintain a comprehensive resource directory of services and other programs that may be of use to deaf, hard-of-hearing, and deafblind individuals and to agencies that serve them.
(8) The commission shall maintain a community access program for one-on-one system navigating services to ensure resources are available to individuals and to protect each person's right to effective communication and access to environmental information. The community access program must include the following:
(a) Support service providers for deafblind individuals;
(b) Orientation and mobility specialists for deafblind individuals; and
ity access program for one-on-one system navigating services to ensure resources are available to individuals and to protect each person's right to effective communication and access to environmental information. The community access program must include the following:
(a) Support service providers for deafblind individuals;
(b) Orientation and mobility specialists for deafblind individuals; and
(c) Peer system navigation for deaf, hard-of-hearing, and deafblind individuals who encounter barriers accessing programs, activities, or services.
(8.5) (a) On or before October 1, 2023, the commission shall establish a family and community intervener program. The family and community intervener program shall work with children who are deafblind to facilitate critical connections between the child and the child's family, community, and environment. The family and community intervener program must include, but need not be limited to, access to a family and community intervener with specific training in deafblindness, strategies to build language and communication skills, and intervention strategies. The intervener shall:
(I) Work one-on-one with a child who is deafblind in order to facilitate critical connections between the child and the child's community, family, and environment;
(II) Open channels of communication between the child and others;
(III) Facilitate the development or use of receptive and expressive communication skills by the child;
(IV) Develop and maintain a trusting, interactive relationship with the child that promotes social and emotional well-being; and
(V) Provide the child with opportunities for learning and development in the community and at home.
(b) The commission shall hire an intervener program manager to direct services for children who are deafblind and ensure that an intervener:
(I) Works with no more than one child at a time;
(II) Instructs and supports the child in skills related to community involvement;
(III) Transports the child to gain access to community services and resources;
(IV) Provides communication and information to the child concerning the child's environment that otherwise would be available through vision and hearing;
(V) Uses interpersonal communication, including sign language, speech, tangible communication symbols, gestures, calendars, and augmentative communication devices;
(VI) Makes sights, sounds, and activities accessible to the child by learning the child's specific communication system; and
(VII) Forms a working alliance with the deafblind child's family members, neighbors, community organizations, and professionals with whom the child has contact.
(c) The intervener program manager shall document the following outcomes for intervener services in the child's record:
(I) Whether the child is effectively communicating wants and needs to the child's intervener; and
(II) Whether the child is actively participating in community activities and activities of daily living to the extent of the child's ability.
nals with whom the child has contact.
(c) The intervener program manager shall document the following outcomes for intervener services in the child's record:
(I) Whether the child is effectively communicating wants and needs to the child's intervener; and
(II) Whether the child is actively participating in community activities and activities of daily living to the extent of the child's ability.
(d) The intervener program manager and intervener shall collaborate with other state agencies as appropriate that provide direct or indirect services to children who are deafblind and their families to identify potential additional services or opportunities for children who are deafblind.
(9) (a) The commission shall arrange for the provision of auxiliary services in rural areas of the state by performing the following functions:
(I) Coordinating on a statewide basis the day-to-day scheduling for auxiliary services to be provided in rural areas;
(II) Creating and managing a process for the intake and fulfillment of requests for auxiliary services in rural areas, including the identification, coordination, and appointment of auxiliary services providers to meet the needs of all parties involved in the proceeding, event, or circumstance for which a request is made;
(III) Creating and managing efficient and consistent processes through which an auxiliary services provider may submit required documentation and receive payment for auxiliary services provided;
(IV) To resolve any issues that arise with regard to auxiliary services, communicating with auxiliary services users, auxiliary services providers, and appointing authorities, as defined in section 13-90-202 (1), in the rural areas in which auxiliary services are requested or are being provided pursuant to this subsection (9);
(V) Providing training opportunities for potential auxiliary services providers who are willing to accept assignments in rural areas;
(VI) Awarding scholarships for potential auxiliary services providers' education, internships, and certification testing for qualified programs;
(VII) Conducting outreach to rural users in need of auxiliary services and auxiliary services providers;
(VIII) Establishing, monitoring, and publishing on the commission's public website a list of available CART providers and qualified interpreters, as defined in subsections (4)(g)(II)(A) and (4)(g)(II)(B) of this section, respectively, who are willing to work in rural areas for persons who are deaf, hard of hearing, or deafblind;
(IX) Creating an advisory council to make recommendations to the commission about the provision of auxiliary services in rural areas; and
(X) Developing and implementing other strategies to increase capacity for auxiliary services in rural areas.
(b) The executive director shall promulgate rules in consultation with, or as proposed by, the commission and the deaf, hard of hearing, and deafblind community, regarding implementation of this subsection (9). The rules must define the term "rural area".
(c) (I) On or before November 1, 2022, and on or before November 1 of each year thereafter, the commission shall submit a report to the joint budget committee summarizing the commission's implementation of the program described in this subsection (9) over the previous twelve months.
(II) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement set forth in subsection (9)(c)(I) of this section continues indefinitely.
C.R.S. § 26-21-107 Colorado commission for the deaf, hard of hearing, and deafblind cash fund - creation - gifts, grants, and donations - reimbursement
26-21-107. Colorado commission for the deaf, hard of hearing, and deafblind cash fund - creation - gifts, grants, and donations - reimbursement. (1) There is hereby created in the state treasury the Colorado commission for the deaf, hard of hearing, and deafblind cash fund. All money credited to the fund must be used exclusively for the administration and discharge of this article 21. All money credited to the fund and any interest earned from the investment of money in the fund remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year.
(2) The commission, subject to spending authority granted by the general assembly, is authorized to receive and expend gifts, grants, and donations from individuals, private organizations, foundations, or any governmental unit; except that no gift, grant, or donation may be accepted by the commission if it is subject to conditions that are inconsistent with this article or any other law of this state.
(3) Commission members shall be reimbursed for actual and necessary expenses incurred in the discharge of their official duties, including an allowance for mileage as provided in section 24-9-104 (2), C.R.S. The commission may establish a standardized per diem designed to cover the actual expenses of the members pursuant to this subsection (3).
C.R.S. § 26-21-107.5 Colorado commission for the deaf, hard of hearing, and deafblind grant program - creation - standards - applications - definition
26-21-107.5. Colorado commission for the deaf, hard of hearing, and deafblind grant program - creation - standards - applications - definition. (1) The Colorado commission for the deaf, hard of hearing, and deafblind grant program is hereby established to provide funding for entities to address the needs of Colorado's deaf, hard-of-hearing, and deafblind individuals.
(2) (a) The Colorado commission for the deaf, hard of hearing, and deafblind grant program committee appointed pursuant to section 26-21-107.7 shall administer the grant program as provided in section 26-21-107.7.
(b) The commission shall pay the grants awarded through the grant program from money appropriated by the general assembly.
(c) Subject to available money, the general assembly shall appropriate to the commission no more than fifty thousand dollars annually to administer the grant program.
(3) The state department shall adopt rules addressing timelines and guidelines for the grant program and establishing criteria for approving or disapproving grant applications.
(4) An entity seeking to provide services to deaf, hard-of-hearing, or deafblind persons or to enhance existing deaf, hard-of-hearing, or deafblind programs may apply for a grant through the grant program.
(5) As used in this section, "entity" means a local government, state agency, state-operated program, or private nonprofit or not-for-profit organization.
(6) Grants must be awarded as provided in section 26-21-107.7 (3) and in compliance with applicable state rules.
(7) Grantees shall comply with reporting requirements established by the commission.
C.R.S. § 26-21-107.7 Colorado commission for the deaf, hard of hearing, and deafblind grant program committee - creation - members - duties - reimbursement for expenses
26-21-107.7. Colorado commission for the deaf, hard of hearing, and deafblind grant program committee - creation - members - duties - reimbursement for expenses.
(1) (a) Repealed.
(a.5) (I) There is hereby created the Colorado commission for the deaf, hard of hearing, and deafblind grant program committee, referred to in this section as the "committee", consisting of five members, for the purpose of recommending to the commission approval or disapproval of applications for the grant program.
(II) The commission shall appoint four members to the committee as follows:
(A) One person who is deaf;
(B) One person who is deafblind;
(C) One person who is hard of hearing; and
(D) One representative of the public at large.
(III) This subsection (1)(a.5) is effective September 1, 2018, and applies to appointments to the committee on or after September 1, 2018. All initial appointments in accordance with this subsection (1)(a.5) must be made by September 30, 2018.
(b) In addition to the appointed committee members, the director shall serve as an ex-officio member of the committee.
(c) In appointing members to the committee, the commission shall choose persons who have knowledge and awareness of innovative strategies that address challenges faced by the deaf, hard-of-hearing, and deafblind community.
(d) The appointed members of the committee shall serve three-year terms; except that, of the members first appointed, one of the members shall serve a two-year term and two of the members shall serve one-year terms. The commission shall choose those members who shall serve the initial shortened terms. If a vacancy arises in one of the appointed positions, the commission shall appoint a replacement to fill the vacancy for the remainder of the term.
(e) Members of the committee are entitled to be reimbursed out of available appropriations for all actual and necessary expenses incurred in the performance of their duties.
(f) The committee may meet via electronic communication when necessary.
(2) The committee shall review all applications received pursuant to section 26-21-107.5. Based on criteria established by the commission, the committee shall recommend to the commission those applications to approve, with recommended grant amounts, and those to disapprove.
(3) The commission shall review and may follow the recommendations of the committee for approval or disapproval of applications for the grant program and for grant amounts. If the commission disagrees with the recommendations of the committee, the executive director of the department shall have final decision-making authority to approve or disapprove the applications and to set the grant amounts.
C.R.S. § 26-21-108 Repeal of article - sunset review
26-21-108. Repeal of article - sunset review. (1) This article 21 is repealed, effective September 1, 2031.
(2) Prior to the repeal, the commission shall be reviewed as provided for in section 24-34-104, C.R.S.
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