(1) On or before July 1, 2011, the state department of human services and the department of education shall enter into a memorandum of understanding concerning the enrollment of students in the public school system from a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101. The memorandum of understanding must include, but need not be limited to:
(a) A consistent and uniform approach to notification and appropriate and allowable data-sharing about students, including but not limited to medical, mental health, sociological, and scholastic achievement, within the limits of state and federal privacy and confidentiality law, between school districts, charter schools, institute charter schools, and county departments of human or social services for the purposes of collaboration in the placement of students pursuant to this section and section 22-20-108, better facilitation of the creation of transition plans for students, and ensuring the safety of the people in the school community;
(b) A plan for utilizing existing state and federal data and any existing information-sharing activities;
(c) A plan for determining accountability and collecting data concerning the implementation of the notifications and invitation required pursuant to this section and a mechanism by which school districts and the state charter school institute shall report the aggregate data to the department of human services and department of education on or before February 15, 2012, and on or before February 15 each year thereafter. The data to report shall include, but need not be limited to:
(I) The number of placements occurring in a school year;
(II) The number of emergency placements occurring in a school year;
(III) The types of placements from which the students are transitioning;
(IV) The educational setting into which the student is being placed; and
(V) Demographic information of students, including but not limited to age, race, gender, and ethnicity;
(d) A process for determining information sharing and collaboration for placement of students pursuant to sections 22-20-108 and 26-1-138, C.R.S.;
(e) Recommendations for an approach to sharing data that conforms with the interdepartmental data protocol established pursuant to section 24-37.5-704, C.R.S., and that is in compliance with all state and federal laws, rules, and regulations concerning the privacy of information;
(f) Identification of training and professional development needs associated with implementing information sharing between responsible entities and funding sources that could be utilized for this purpose; and
(g) Consideration of recommendations made by existing working groups or projects that have been involved with information sharing or technology relating to information sharing among multiple entities as it relates to students transitioning back into public schools. A report of these recommendations shall be provided to the department of human services, the state board of human services, the department of education, and the state board of education prior to the final adoption of the memorandum of understanding.
(2) Beginning August 15, 2010, a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 that is transferring a student to a public school shall notify the appropriate school district child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of the pending enrollment in a public school of a student who:
(a) Is transferring to a public school from a state-licensed day treatment facility licensed by the department of human services pursuant to section 26-6-905, facility school as defined in section 22-2-402 (1), or hospital, licensed or certified pursuant to section 25-3-101; and
(b) Has been determined by the state-licensed day treatment facility, the facility school, the hospital licensed or certified pursuant to section 25-3-101, C.R.S., or the court to be a risk to himself or herself or the community within the twelve months prior to the proposed transfer.
(3) This section only applies to a hospital licensed or certified pursuant to section 25-3-301 that is providing inpatient acute care or psychiatric services for a student for more than ten days and if there is actual knowledge that the student will attend an identified public school within sixty days after discharge from the hospital. For purposes of this subsection (3), information shared with the state department of human services, county department of human or social services, or child education welfare liaison must be shared only for a student who has been deemed to be a risk to himself or herself or the community within the twelve months prior to discharge.
(4) The notification required in subsection (2) of this section must be made at least ten calendar days prior to the student's transition from the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101, and subsequent enrollment in a public school and must include an invitation to the child welfare education liaison, or his or her designee, to participate in the development of a transition plan for the student. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the school district in meeting the student's needs and ensuring a successful transition. If the transitioning student is in the custody of the state department of human services or a county department of human or social services, the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 shall also provide the notification to the state department of human services.
(5) If a change of placement is required for the safety of the student or if a court, the state department of human services, or a county department of human or social services makes a placement change with fewer than ten calendar days notice, the responsible state department of human services or county department of human or social services shall provide information to the child welfare education liaison, designated pursuant to section 22-32-138, of the receiving school district, charter school, or institute charter school within five calendar days following the student's placement. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the district in meeting the student's needs and ensuring a successful transition.
(6) The responsible county department of human or social services and the receiving school district, charter school, or institute charter school shall cooperate to ensure that an appropriate placement including educational services is made pursuant to this section and sections 19-1-115.5, 22-20-108, and 22-32-138, as applicable.
(7) Within the confidentiality and privacy limits of state and federal law, the responsible county department of human or social services or the school district, charter school, institute charter school, or facility school shall provide information about the student to assist the receiving entity in determining an appropriate educational placement for the student.
(8) Nothing in this section alters the rights and obligations of the department of education, the state department of human services, a county department of human or social services, or a school district, as such rights and obligations are set forth in this title 22; 20 U.S.C. sec. 1400 et seq.; 29 U.S.C. sec. 701 et seq.; 42 U.S.C. sec. 11431 et seq.; and 42 U.S.C. sec. 675, as amended by the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub.L. 110-351.
(9) The state board of education may promulgate rules pursuant to the State Administrative Procedure Act, article 4 of title 24, C.R.S., concerning the implementation of this section, including but not limited to rules regarding notification and sharing of information as described in subsection (1) of this section.
Source: L. 2010: Entire section added, (HB 10-1274), ch. 271, p. 1245, � 2, effective May 25. L. 2016: (2)(a) amended, (SB 16-189), ch. 210, p. 761, � 33, effective June 6. L. 2018: IP(1), (1)(a), and (3) to (8) amended, (SB 18-092), ch. 38, p. 434, � 84, effective August 8. L. 2022: IP(2) and (2)(a) amended, (HB 22-1295), ch. 123, p. 838, � 46, effective July 1. L. 2024: (5) amended, (HB 24-1222), ch. 155, p. 689, � 10, effective August 7.
Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 271, Session Laws of Colorado 2010. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
22-2-140. Digital learning study - legislative declaration - definitions - notice of funding through gifts, grants, and donations - repeal. (Repealed)
Source: L. 2012: Entire section added, (HB 12-1124), ch. 211, p. 909, � 1, effective May 24.
Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2013. (See L. 2012, p. 909.)
22-2-141. Early literacy assessment tool - request for proposals - software - hardware - training - distribution - legislative declaration. (1) (a) By October 1, 2012, the department shall issue a request for proposals for the purchase of an early literacy assessment tool that teachers may use to obtain real-time assessments of the reading skill levels of students enrolled in kindergarten and first, second, and third grades and, based on the assessment results, generate intervention plans and materials.
(b) At a minimum, the request for proposals shall include the purchase of:
(I) Software that, at a minimum:
(A) Provides individualized assessments with immediate results;
(B) Stores and analyzes assessments results, recommends activities that are aligned with the assessment results, and assists in tracking student performance and identifying strategies to improve student performance;
(C) Provides student grouping recommendations based on the assessment scores and provides proposed lesson plans on a short-term cycle; and
(D) Assists in generating and populating individualized plans to improve students' reading skills; and
(II) Training in using the software for teachers or other personnel selected by each local education provider.
(c) The request for proposals shall include the purchase of a sufficient number of software licenses for each local education provider in the state to use the early literacy assessment tool in all of its kindergarten and first-, second-, and third-grade classes; except that the department may draft the contract to phase in the requirements of this paragraph (c) over multiple budget years based on available appropriations.
(2) The department shall select from among the responses received and enter into a contract for the purchase of software licenses and training no later than March 1, 2013. In negotiating the terms of the contract, the department shall include performance measures, which may include student outcomes, as conditions affecting the amounts payable under the contract.
(3) (a) As soon as practicable after entering into the contract, the department shall notify the local education providers and provide information explaining:
(I) The software licenses purchased;
(II) The availability of training in the use of the software including dates, times, and locations; and
(III) The procedures and timelines by which each local education provider may apply to receive the software licenses and training to implement the early literacy assessment tool.
(b) Based on the level of available appropriations, the department shall select the local education providers who will receive the early literacy assessment tool, including the training, from among those that apply. In selecting among the applicants, the department shall:
(I) Select local education providers from various regions of the state and of varying student population size;
(II) Give preference to local education providers with the highest percentages of kindergarten and first-, second-, and third-grade students who are below grade level expectations in reading; and
(III) Give preference to local education providers with the highest percentages of schools that are eligible to receive moneys under Title I of the federal Elementary and Secondary Education Act of 1965, 20 U.S.C. sec. 6301 et seq.
(c) A local education provider that is selected to receive the early literacy assessment tool in one budget year is not required to reapply in subsequent budget years. The department shall, to the extent possible within available appropriations, annually increase the number of local education providers that receive the early literacy assessment tool.
(d) The department may choose to provide the early literacy assessment tool only to those schools of a selected school district that are eligible to receive moneys under Title I of the federal Elementary and Secondary Education Act of 1965, 20 U.S.C. sec. 6301 et seq.
(4) During the 2014 regular legislative session and during the 2016 regular legislative session, the department shall submit to the governor's office, the joint budget committee, and 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, the following information:
(a) The percentage of students enrolled in kindergarten and first, second, and third grades throughout the state that are receiving services using the early literacy assessment tool;
(b) The local education providers that have received the early literacy assessment tool;
(c) The improvements, if any, in the reading skill levels of students who received or are receiving services using the early literacy assessment tool; and
(d) The amount of appropriations required to purchase an adequate number of software licenses to enable the local education providers in the state to use the early literacy assessment tool in all of the kindergarten and first-, second-, and third-grade classes in the state.
(5) As used in this section, local education provider means a school district; a charter school that enrolls students in kindergarten and first, second, and third grades; and a public school operated by a board of cooperative services that enrolls students in kindergarten and first, second, and third grades.
(6) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, purchasing an early literacy assessment tool as described in this section for the use of local education providers is an important element of 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.
Source: L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 719, � 7, effective May 19.