Source: L. 87: Entire section added, p. 828, � 4, effective May 16. L. 93: Entire section amended, p. 1648, � 40, effective July 1. L. 96: Entire section repealed, p. 1232, � 61, effective August 7.
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(3) to (5) Repealed.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.
Source: L. 97: Entire section added, p. 70, � 1, effective March 24. L. 2003: (4) and (5) repealed, p. 1991, � 35, effective May 22. L. 2004: (6) and (7) amended, p. 1629, � 28, effective July 1. L. 2006: Entire section amended, p. 333, � 12, effective August 7. L. 2011: Entire section amended, (HB 11-1277), ch. 306, p. 1498, � 21, effective August 10.
Editor's note: Subsection (3)(d) provided for the repeal of subsection (3), effective July 1, 1998. (See L. 97, p. 70.)
22-20-117. Study of funding education programs for children with disabilities - report to the general assembly - repeal. (Repealed)
Source: L. 2000: Entire section added, p. 486, � 8, effective April 28.
Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2001. (See L. 2000, p. 486.)
22-20-118. Child find from birth through two years of age - responsibilities - rules - interagency operating agreements - funding - repeal. (Repealed)
Source: L. 2007: Entire section added, p. 1557, � 4, effective May 31. L. 2008: (2)(d) amended, p. 1468, � 13, effective August 5. L. 2013: (2)(a) amended, (HB 13-1314), ch. 323, p. 1805, � 33, effective March 1, 2014. L. 2017: (1)(c)(III) amended, (SB 17-294), ch. 264, p. 1395, � 46, effective May 25. L. 2018: (1.5) added, (HB 18-1333), ch. 176, p. 1213, � 7, effective April 30. L. 2021: (2)(a), (2)(c), and (2)(d) amended, (HB 21-1187), ch. 83, p. 328, � 15, effective July 1, 2024; (3) added by revision, (SB 21-275), ch. 393, p. 2618, �� 13, 15.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2022. (See L. 2021, p. 2618.)
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.
Source: L. 2021: Entire section added, (SB 21-275), ch. 393, p. 2612, � 5, effective June 30. L. 2022: (1), IP(2), (2)(e), (2)(l), and (3) amended, (HB 22-1295), ch. 123, p. 840, � 54, effective July 1.
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.
Source: L. 2011: Entire section added, (HB 11-1277), ch. 306, p. 1499, � 22, effective August 10.
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.
Source: L. 2019: Entire section added, (SB 19-215), ch. 345, p. 3195, � 1, effective May 29.
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.
Source: L. 2022: Entire section added, (HB 22-1260), ch. 320, p. 2268, � 2, effective August 10.
Cross references: For the legislative declaration in HB 22-1260, see section 1 of chapter 320, Session Laws of Colorado 2022.
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 requester.
(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.
Source: L. 2024: Entire section added, (SB 24-069), ch. 407, p. 2800, � 1, effective August 7.
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.
(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.
(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.
Source: L. 2024: Entire section added, (HB 24-1063), ch. 436, p. 3047, � 1, effective June 5.