First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0759.01 Alana Rosen x2606
HOUSE BILL 23-1168
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING LEGAL REPRESENTATION IN DUE PROCESS COMPLAINT101
HEARINGS FOR THE PARENTS OF A STUDENT WHO MAY BE102
ELIGIBLE FOR SPECIAL EDUCATION SERVICES .103
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.)
Current law entitles a parent, guardian, or legal custodian of, or
entity with educational decision-making authority for, a student with a
disability, or a student who may be eligible for special education services
(parent), to file a state complaint in the event of a dispute with an
administrative unit or a state-operated program (education provider). If
HOUSE SPONSORSHIP
Sharbini,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. the parent prevails in a state complaint decision, the education provider
may file a due process complaint against the parent regarding the issues
disputed in the state complaint. The bill requires the department of
education (department) to create and maintain a list of attorneys qualified
to represent a parent in a due process complaint hearing filed by an
education provider concerning issues disputed in the state complaint in
which the parent prevailed.
The department shall appoint an attorney to defend a parent against
due process complaints filed by an education provider. The parent may
waive the appointment of the attorney.
The bill requires the department to include information on attorney
appointments in the procedural safeguard notice and in materials
distributed to parents describing due process complaint procedures.
The bill creates a fund to pay attorneys defending parents against
due process complaints filed by an education provider.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 22-1-140 as2
follows:3
22-1-140. Legal representation - due process complaints -4
appointments - fund - definitions. (1) A
S USED IN THIS SECTION, UNLESS5
THE CONTEXT OTHERWISE REQUIRES :6
(a) "A
DMINISTRATIVE UNIT" HAS THE SAME MEANING SET FORTH7
IN SECTION 22-20-103.8
(b) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION9
CREATED IN SECTION 24-1-115.10
(c) "F
UND" MEANS THE STUDENTS WITH DISABILITIES LEGAL11
REPRESENTATION CASH FUND CREATED IN SUBSECTION (5) OF THIS12
SECTION.13
(d) "P
ARENT" MEANS A PARENT, GUARDIAN, OR LEGAL CUSTODIAN14
OF, OR ENTITY WITH EDUCATIONAL DECISION-MAKING AUTHORITY FOR, A15
STUDENT WITH A DISABILITY OR A STUDENT WHO MAY BE ELIGIBLE FOR16
SPECIAL EDUCATION SERVICES.17
HB23-1168-2- (e) "PROCEDURAL SAFEGUARD NOTICE " MEANS THE REQUIRED1
NOTICE PROVIDED TO PARENTS CONTAINING AN EXPLANATION OF THE2
AVAILABLE PROCEDURAL SAFEGUARDS PURS UANT TO THE FEDERAL3
"I
NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 14004
ET SEQ., AS AMENDED, AND FEDERAL DEPARTMENT OF EDUCATION5
REGULATIONS.6
(f) "S
TATE-OPERATED PROGRAM " HAS THE SAME MEANING SET7
FORTH IN SECTION 22-20-103.8
(g) "S
TUDENT WITH DISABILITIES" HAS THE SAME MEANING AS9
"
CHILDREN WITH DISABILITIES" SET FORTH IN SECTION 22-20-103.10
(2) O
N OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL CREATE11
AND MAINTAIN A LIST OF ATTORNEYS QUALIFIED TO REPRESENT A PARENT12
IN A DUE PROCESS COMPLAINT FILED BY AN ADMINISTRATIVE UNIT OR A13
STATE-OPERATED PROGRAM PURSUANT TO SECTION 22-20-108 (3)14
CONCERNING ISSUES DISPUTED IN A STATE COMPLAINT IN WHICH THE15
PARENT PREVAILED. THE DEPARTMENT SHALL CONSIDER AN ATTORNEY TO16
BE QUALIFIED IF THE ATTORNEY DEMONSTRATES A HISTORY OF PRACTICE17
IN THE AREA OF SPECIAL EDUCATION LAW . THE DEPARTMENT SHALL18
UPDATE THE LIST ON AN ANNUAL BASIS.19
(3) (a) T
HE DEPARTMENT SHALL APPOINT AN ATTORNEY FROM THE20
LIST OF ATTORNEYS DESCRIBED IN SUBSECTION (2) OF THIS SECTION TO21
REPRESENT A PARENT IN A DUE PROCESS COMPLAINT THAT AN22
ADMINISTRATIVE UNIT OR A STATE-OPERATED PROGRAM FILES PURSUANT23
TO SECTION 22-20-108 (3) CONCERNING ISSUES DISPUTED IN A STATE24
COMPLAINT IN WHICH THE PARENT PREVAILED . THE PARENT MAY WAIVE25
THE APPOINTMENT OF THE ATTORNEY BY SUBMITTING A WRITTEN WAIVER26
TO THE DEPARTMENT. THE DEPARTMENT SHALL ROTATE THE ATTORNEYS27
HB23-1168
-3- ON THE LIST TO DISTRIBUTE DUE PROCESS COMPLAINT CASES EVENLY1
AMONG THE ATTORNEYS ON THE LIST .2
(b) T
HE DEPARTMENT SHALL DISBURSE MONEY FROM THE FUND3
CREATED IN SUBSECTION (5) OF THIS SECTION TO PAY FOR THE4
REASONABLE COSTS OF INDEPENDENT LEGAL REPRESENTATION INCURRED5
BY AN ATTORNEY APPOINTED TO REPRESENT A PARENT . AN ATTORNEY6
MAY RECEIVE UP TO SEVEN THOUSAND FIVE HUNDRED DOLLARS FROM THE7
FUND TO REPRESENT A PARENT IN A CASE DESCRIBED IN SUBSECTION (3)(a)8
OF THIS SECTION.9
(4) T
HE DEPARTMENT SHALL INCLUDE INFORMATION REGARDING10
THE APPOINTMENT OF ATTORNEYS DESCRIBED IN SUBSECTION (3) OF THIS11
SECTION IN THE PROCEDURAL SAFEGUARD NOTICE AND IN MATERIALS12
DISTRIBUTED TO PARENTS DESCRIBING DUE PROCESS COMPLAINT13
PROCEDURES PURSUANT TO SECTION 22-20-108 (3).14
(5) (a) T
HE STUDENT WITH DISABILITIES LEGAL REPRESENTATION15
CASH FUND IS CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF16
MONEY CREDITED TO THE FUND PURSUANT TO SUBSECTIONS (6) AND (7) OF17
THIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY18
APPROPRIATE OR TRANSFER TO THE FUND .19
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND20
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE21
FUND TO THE FUND . SUBJECT TO ANNUAL APPROPRIATION BY THE22
GENERAL ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY FROM THE23
FUND FOR PURPOSES OF THIS SECTION.24
(6) (a) O
N OR BEFORE JULY 1, 2024, AND EACH JULY 125
THEREAFTER, THE STATE TREASURER SHALL TRANSFER TEN THOUSAND26
DOLLARS FROM THE GENERAL FUND TO THE FUND .27
HB23-1168
-4- (b) IF AN ATTORNEY RECEIVES ADDITIONAL MONEY TO1
COMPENSATE THE ATTORNEY FOR THE ATTORNEY 'S SERVICES RELATED TO2
REPRESENTING A PARENT IN A DUE PROCESS COMPLAINT AS DESCRIBED IN3
SUBSECTION (3) OF THIS SECTION FROM ANOTHER SOURCE, THE ATTORNEY4
SHALL RETURN AN AMOUNT OF MONEY EQUAL TO THE AMOUNT RECEIVED5
FROM THE OTHER SOURCE , NOT TO EXCEED SEVEN THOUSAND FIVE6
HUNDRED DOLLARS, TO THE DEPARTMENT . THE DEPARTMENT SHALL7
TRANSMIT ALL MONEY RECEIVED FROM AN ATTORNEY TO THE STATE8
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .9
(7) T
HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,10
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE11
PURPOSES OF THIS SECTION. THE DEPARTMENT SHALL TRANSMIT ALL12
MONEY RECEIVED THROUGH GIFTS , GRANTS, OR DONATIONS TO THE STATE13
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .14
SECTION 2. Safety clause. The general assembly hereby finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety.17
HB23-1168
-5-