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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 22-36-107, add (3)(f) and (3)(g) as follows:
Page 2, Line 322-36-107. Inbound active duty military families - school
Page 3, Line 1enrollment - registration - legislative declaration - definitions.
Page 3, Line 2(3) (f) Consistent with existing state and federal law and
Page 3, Line 3regulations, the child of an inbound active duty military
Page 3, Line 4member who has an existing individualized education program,
Page 3, Line 5as defined in section 22-20-103, or an existing section 504 plan, as
Page 3, Line 6defined in section 22-20-123, is eligible for open enrollment and
Page 3, Line 7guaranteed matriculation pursuant to this section. The school
Page 3, Line 8district or charter school where the student enrolls shall
Page 3, Line 9ensure that the student receives the appropriate services and
Page 3, Line 10accommodations, consistent with the child's existing
Page 3, Line 11individualized education program or section 504 plan without unreasonable delay upon enrollment.
Page 3, Line 12(g) Each school district and charter school shall take
Page 3, Line 13reasonable steps to notify inbound active duty military members
Page 3, Line 14and their families of their rights pursuant to this section,
Page 3, Line 15including providing information on eligibility for special
Page 3, Line 16education services to prevent inadvertent exclusion and to
Page 3, Line 17ensure inbound active duty military members and their families are fully informed of available supports.
Page 3, Line 18SECTION 2. Act subject to petition - effective date. This act
Page 3, Line 19takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 20ninety-day period after final adjournment of the general assembly; except
Page 3, Line 21that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 22of the state constitution against this act or an item, section, or part of this
Page 3, Line 23act within such period, then the act, item, section, or part will not take
Page 3, Line 24effect unless approved by the people at the general election to be held in
Page 4, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.