A Bill for an Act
Page 1, Line 101Concerning enhancing support for military-connected
Page 1, Line 102children with disabilities who enroll in Colorado
Page 1, Line 103schools.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill clarifies the process and timeline for an administrative unit or a state-operated program to provide special education services to a military-connected child with disabilities (child) who transfers from one administrative unit or state-operated program within Colorado to another, or transfers from an out-of-state school district or private school to an administrative unit or a state-operated program within Colorado, as a result of an inbound active duty military member's (member) order to permanently change military stations.
For a child who transfers from an administrative unit or state-approved program to a private school within Colorado, or transfers from an out-of-state school district or private school to a private school within Colorado, the administrative unit with jurisdiction over the geographic boundary that the private school is located in shall review the child's evaluation information and existing individualized education program (IEP) or section 504 plan in consultation with the child's member, parent, legal guardian, or custodian. The administrative unit shall determine and provide equitable special education and related services, an IEP, or a section 504 plan to the child enrolled in the private school.
For a child who transfers from an out-of-state school district or private school with an individualized family service plan, the administrative unit or the state-operated program shall follow the process to coordinate, in conjunction with the department of early childhood, the transition of the child from an early intervention program for infants and toddlers pursuant to part C of the federal "Individuals with Disabilities Education Act" (IDEA) to a program component to serve children with disabilities from 3 to 21 years of age pursuant to part B of the IDEA.
The bill requires an administrative unit, a state-operated program, or an administrative unit with jurisdiction over the geographic boundary that a private school is located in to receive informed consent from the member, parent, legal guardian, or custodian of a child before:
- There are revisions to the child's category of disability;
- There are revisions to the child's IEP or section 504 plan;
- There are changes to the child's eligibility for special education and related services; or
- There is a partial or complete termination of special education and related services, except if the child graduates with a standard or advanced studies diploma.
In the event a dispute between an administrative unit or a state-operated program and a member, parent, legal guardian, or custodian of a child results in a due process hearing, the administrative unit or the state-operated program has the burden of proof.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 22-20-103, amend (16) as follows:
Page 2, Line 322-20-103. Definitions. As used in this part 1, unless the context otherwise requires:
Page 3, Line 1(16) "Individualized family service plan" or "IFSP" means a
Page 3, Line 2written statement developed by an entity representing the
department ofPage 3, Line 3
human servicesPage 3, Line 4through two years of age with a disability, which statement is developed,
Page 3, Line 5reviewed, and revised in accordance with part C child find of IDEA and
Page 3, Line 6with rules
promulgated by the department of human servicesPage 3, Line 7SECTION 2. In Colorado Revised Statutes, add 22-20-108.5 as follows:
Page 3, Line 822-20-108.5. Military-connected children with disabilities -
Page 3, Line 9determination of disability - enrollment - parental consent - burden
Page 3, Line 10of proof - definitions. (1) As used in this section, unless the context otherwise requires:
Page 3, Line 11(a) "Inbound active duty military member" or "member"
Page 3, Line 12means an active duty military member who receives new orders,
Page 3, Line 13or a command letter issued in lieu of orders, for a permanent
Page 3, Line 14change of station to a department of defense military installation within the state.
Page 3, Line 15(b) "Section 504" means section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq.
Page 3, Line 16(c) "Section 504 plan" means a plan pursuant to section 504 that provides guidance and support for a child with disabilities.
Page 3, Line 17(d) "Section 504 team" means a group of knowledgeable
Page 3, Line 18individuals who consider a variety of sources to determine what
Page 3, Line 19a student needs to receive a free appropriate public education in
Page 3, Line 20accordance with section 504.
Page 4, Line 1(2) (a) Notwithstanding any provision of the law to the
Page 4, Line 2contrary, when a child with disabilities of an inbound active
Page 4, Line 3duty military member transfers from one administrative unit or
Page 4, Line 4state-operated program to another within Colorado, or
Page 4, Line 5transfers from an out-of-state school district or private school
Page 4, Line 6to an administrative unit or a state-operated program within
Page 4, Line 7Colorado, the IEP team or the section 504 team of the
Page 4, Line 8administrative unit or the state-operated program in which the
Page 4, Line 9child enrolls shall immediately review the child's evaluation
Page 4, Line 10information and existing IEP or section 504 plan in consultation
Page 4, Line 11with the child's member, parent, legal guardian, or custodian.
Page 4, Line 12The IEP team or section 504 team shall create a program
Page 4, Line 13comparable to the child's existing IEP or section 504 plan as follows:
Page 4, Line 14(I) For a military-connected child with disabilities who
Page 4, Line 15transfers from one administrative unit or state-operated
Page 4, Line 16program to another administrative unit or state-operated
Page 4, Line 17program within Colorado, the administrative unit or the
Page 4, Line 18state-operated program in which the child enrolls shall
Page 4, Line 19implement the existing IEP or section 504 plan as written if the
Page 4, Line 20administrative unit or the state-operated program and the
Page 4, Line 21member, parent, legal guardian, or custodian agree. If the
Page 4, Line 22administrative unit or the state-operated program do not agree
Page 4, Line 23to implement the existing IEP or section 504 plan, the
Page 4, Line 24administrative unit or the state-operated program shall
Page 4, Line 25conduct, with the informed consent of the member, parent, legal
Page 4, Line 26guardian, or custodian, the necessary evaluations and
Page 5, Line 1assessments of the child. Within thirty calendar days after the
Page 5, Line 2child enrolls in the administrative unit or the state-operated
Page 5, Line 3program and after the member, parent, legal guardian, or
Page 5, Line 4custodian gives informed consent, the administrative unit or the
Page 5, Line 5state-operated program shall develop, adopt, and implement a new IEP or section 504 plan for the child.
Page 5, Line 6(II) For a military-connected child with disabilities who
Page 5, Line 7transfers from an out-of-state school district or a private
Page 5, Line 8school to an administrative unit or a state-operated program
Page 5, Line 9within Colorado, the administrative unit or the state-operated
Page 5, Line 10program shall conduct evaluations and assessments, as
Page 5, Line 11necessary, with the informed consent of the member, parent,
Page 5, Line 12legal guardian, or custodian. Within thirty calendar days after
Page 5, Line 13the child enrolls in the administrative unit or the
Page 5, Line 14state-operated program and after the member, parent, legal
Page 5, Line 15guardian, or custodian gives informed consent, the
Page 5, Line 16administrative unit or the state-operated program shall
Page 5, Line 17develop, adopt, and implement a new IEP or section 504 plan for the child.
Page 5, Line 18(b) For a military-connected child with disabilities who
Page 5, Line 19transfers from an administrative unit or state-operated
Page 5, Line 20program, out-of-state school district, or private school to a
Page 5, Line 21private school within Colorado, the administrative unit with
Page 5, Line 22jurisdiction over the geographic boundary that the private
Page 5, Line 23school is located in shall review the child's evaluation
Page 5, Line 24information and existing IEP or section 504 plan in consultation
Page 5, Line 25with the child's member, parent, legal guardian, or custodian.
Page 6, Line 1Within thirty calendar days after the child enrolls in the
Page 6, Line 2private school and after the member, parent, legal guardian, or
Page 6, Line 3custodian gives informed consent, the administrative unit shall
Page 6, Line 4determine and provide special education and related services,
Page 6, Line 5an IEP, or a section 504 plan to the child enrolled in the private school.
Page 6, Line 6(c) For a military-connected child with disabilities who
Page 6, Line 7transfers with an IFSP from an out-of-state school district or
Page 6, Line 8private school to an administrative unit or a state-operated
Page 6, Line 9program, the administrative unit or the state-operated program
Page 6, Line 10shall follow the process set forth in the state-level
Page 6, Line 11interagency operating agreement described in sections
Page 6, Line 1222-20-118.5 (2) and 26.5-3-404 (3) to coordinate the transition of
Page 6, Line 13the child from part C child find to part B child find, as both are defined in section 26.5-3-402.
Page 6, Line 14(d) (I) An administrative unit or a state-operated program
Page 6, Line 15in which a military-connected child with disabilities enrolls
Page 6, Line 16shall take reasonable steps to promptly obtain the child's
Page 6, Line 17records, including an existing IEP, IFSP, or section 504 plan and supporting documentation.
Page 6, Line 18(II) If the military-connected child with disabilities
Page 6, Line 19transfers from one administrative unit or state-operated
Page 6, Line 20program to another within Colorado, the administrative unit or
Page 6, Line 21the state-operated program from which the child transferred
Page 6, Line 22shall promptly respond to all records requests from the
Page 6, Line 23administrative unit or the state-operated program that the
Page 6, Line 24child is enrolled in.
Page 7, Line 1(3) Notwithstanding any provision of the law to the
Page 7, Line 2contrary, an administrative unit, a state-operated program, or
Page 7, Line 3an administrative unit with jurisdiction over the geographic
Page 7, Line 4boundary that a private school is located in shall receive
Page 7, Line 5informed consent from a member, parent, legal guardian, or custodian of a military-connected child with disabilities before:
Page 7, Line 6(a) There are revisions to the child's category of disability;
Page 7, Line 7(b) There are revisions to the child's IEP or section 504 plan;
Page 7, Line 8(c) There are changes to the child's eligibility for special education and related services; or
Page 7, Line 9(d) There is a partial or complete termination of special
Page 7, Line 10education and related services, except if the child graduates with a standard or advanced studies diploma.
Page 7, Line 11(4) Notwithstanding any provision of the law to the
Page 7, Line 12contrary, in the event of a dispute between an administrative
Page 7, Line 13unit or a state-operated program and a member, parent, legal
Page 7, Line 14guardian, or custodian of a military-connected child with a
Page 7, Line 15disability that results in a due process hearing, as described in
Page 7, Line 16section 22-20-108 (3)(a), the administrative unit or
Page 7, Line 17state-operated program has the burden of proof, including the burden of persuasion.
Page 7, Line 18SECTION 3. In Colorado Revised Statutes, 22-20-118.5, add (4) as follows:
Page 7, Line 1922-20-118.5. Child find - responsibilities - interagency
Page 7, Line 20operating agreements. (4) In the process for transferring a child's
Page 8, Line 1assessment, IFSP, and other necessary information as described
Page 8, Line 2in the operating agreement pursuant to subsection (2)(h) of this
Page 8, Line 3section, the department and the department of early childhood
Page 8, Line 4shall include a process to transition a military-connected child
Page 8, Line 5with disabilities who transfers from an out-of-state school
Page 8, Line 6district or private school to an administrative unit or a
Page 8, Line 7state-operated program as described in section 22-20-108.5 (2)(c)
Page 8, Line 8from part C child find to part B child find, as both are defined in section 26.5-3-402.
Page 8, Line 9SECTION 4. In Colorado Revised Statutes, 22-36-107, add (2)(a.5), (2)(b.5), (2)(b.6), (2)(d), and (4) as follows:
Page 8, Line 1022-36-107. Inbound active duty military families - school
Page 8, Line 11enrollment - registration - legislative declaration - definitions. (2) As used in this section, unless the context otherwise requires:
Page 8, Line 12(a.5) "Children with disabilities" has the same meaning set forth in section 22-20-103.
Page 8, Line 13(b.5) "Individualized education program" or "IEP" has the same meaning set forth in section 22-20-103.
Page 8, Line 14(b.6) "Individualized family service plan" or "IFSP" has the same meaning set forth in section 22-20-103.
Page 8, Line 15(d) "Section 504 plan" has the same meaning set forth in section 22-20-108.5 (1).
Page 8, Line 16(4) (a) This section applies to children with disabilities who
Page 8, Line 17have an individualized education program, an individualized family service plan, or a section 504 plan.
Page 8, Line 18(b) The school district or the charter school in which a
Page 8, Line 19child of an inbound active duty military member is open enrolled
Page 9, Line 1shall determine if the child has an existing IEP, IFSP, or a section
Page 9, Line 2504 plan. If the child transfers with an existing IEP, IFSP, or
Page 9, Line 3section 504 plan, the school district or the charter school shall
Page 9, Line 4follow the process for military-connected children with
Page 9, Line 5disabilities described in section 22-20-108.5 (2) to ensure
Page 9, Line 6comparable services are in place when the child arrives at the school district or charter school.
Page 9, Line 7SECTION 5. In Colorado Revised Statutes, 26.5-3-404, add (5) as follows:
Page 9, Line 826.5-3-404. Child find - responsibilities - interagency
Page 9, Line 9operating agreements. (5) In the process for transferring a child's
Page 9, Line 10assessment, IFSP, and other necessary information as described
Page 9, Line 11in the operating agreement pursuant to subsection (3)(h) of this
Page 9, Line 12section, the department and the department of education shall
Page 9, Line 13include a process to transition a military-connected child with
Page 9, Line 14disabilities who transfers from an out-of-state school district
Page 9, Line 15or private school to an administrative unit or a state-operated
Page 9, Line 16program as described in section 22-20-108.5 (2)(c) from part C child find to part B child find.
Page 9, Line 17SECTION 6. Act subject to petition - effective date. This act
Page 9, Line 18takes effect at 12:01 a.m. on the day following the expiration of the
Page 9, Line 19ninety-day period after final adjournment of the general assembly; except
Page 9, Line 20that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 9, Line 21of the state constitution against this act or an item, section, or part of this
Page 9, Line 22act within such period, then the act, item, section, or part will not take
Page 9, Line 23effect unless approved by the people at the general election to be held in
Page 10, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.