First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0759.01 Alana Rosen x2606
HOUSE BILL 23-1168
House Committees Senate Committees
Education
Appropriations
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, AND, IN103
CONNECTION THEREWITH , MAKING AN APPROPRIATION .104
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
HOUSE
Amended 2nd Reading
March 11, 2023
HOUSE SPONSORSHIP
Sharbini and Joseph,
SENATE SPONSORSHIP
Winter F.,
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. (parent), to file a state complaint in the event of a dispute with an
administrative unit or a state-operated program (education provider). If
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
- report - definitions - repeal. (1) A S USED IN THIS5
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6
(a) "A
DMINISTRATIVE UNIT" HAS THE SAME MEANING SET FORTH7
IN SECTION 22-20-103.8 (b) "COLORADO NONPROFIT LEGAL ORGANIZATION" OR9
"NONPROFIT ORGANIZATION" MEANS A COLORADO NONPROFIT LEGAL10
ORGANIZATION THAT FOCUSES ON SPECIAL EDUCATION LAW , PROVIDES11
AFFORDABLE LEGAL SERVICES, AND OPERATES PURSUANT TO SECTION 50112
(c)(3) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", 26 U.S.C.13
SEC. 501, AS AMENDED.14
(c) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION15
CREATED IN SECTION 24-1-115.16
1168-2- 1
(d) "P
ARENT" MEANS A PARENT, GUARDIAN, OR LEGAL CUSTODIAN2
OF, OR ENTITY WITH EDUCATIONAL DECISION-MAKING AUTHORITY FOR, A3
STUDENT WITH A DISABILITY OR A STUDENT WHO MAY BE ELIGIBLE FOR4
SPECIAL EDUCATION SERVICES.5
(e) "P
ROCEDURAL SAFEGUARD NOTICE " MEANS THE REQUIRED6
NOTICE PROVIDED TO PARENTS CONTAINING AN EXPLANATION OF THE7
AVAILABLE PROCEDURAL SAFEGUARDS PURSUANT TO THE FEDERAL8
"I
NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 14009
ET SEQ., AS AMENDED, AND FEDERAL DEPARTMENT OF EDUCATION10
REGULATIONS.11
(f) "S
TATE-OPERATED PROGRAM " HAS THE SAME MEANING SET12
FORTH IN SECTION 22-20-103.13
(g) "S
TUDENT WITH DISABILITIES" HAS THE SAME MEANING AS14
"
CHILDREN WITH DISABILITIES" SET FORTH IN SECTION 22-20-103.15
(2) ON OR BEFORE AUGUST 1, 2023, THE DEPARTMENT SHALL16
ENTER INTO A SERVICE AGREEMENT WITH A NONPROFIT ORGANIZATION TO17
CREATE AND MAINTAIN A LIST OF ATTORNEYS QUALIFIED TO REPRESENT18
A PARENT IN A DUE PROCESS COMPLAINT FILED BY AN ADMINISTRATIVE19
UNIT OR STATE-OPERATED PROGRAM PURSUANT TO SECTION 22-20-108 (3)20
CONCERNING ISSUES DISPUTED IN A STATE COMPLAINT IN WHICH THE21
PARENT PREVAILED. THE SERVICE AGREEMENT IS FOR FIVE YEARS. THE22
NONPROFIT ORGANIZATION SHALL CONSIDER AN ATTORNEY TO BE23
QUALIFIED IF THE ATTORNEY DEMONSTRATES A HISTORY OF PRACTICE IN24
SPECIAL EDUCATION LAW. THE NONPROFIT ORGANIZATION SHALL UPDATE25
THE LIST ON AN ANNUAL BASIS.26
(3) A PARENT DESCRIBED IN SUBSECTION (2) OF THIS SECTION MAY27
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-3- CONTACT THE NONPROFIT ORGANIZATION FOR AN ATTORNEY1
APPOINTMENT. THE NONPROFIT ORGANIZATION SHALL APPOINT AN2
ATTORNEY FROM THE LIST OF ATTORNEYS DESCRIBED IN SUBSECTION (2)3
OF THIS SECTION TO REPRESENT THE PARENT IN A DUE PROCESS COMPLAINT4
THAT AN ADMINISTRATIVE UNIT OR A STATE-OPERATED PROGRAM FILES5
PURSUANT TO SECTION 22-20-108 (3) CONCERNING ISSUES DISPUTED IN A6
STATE COMPLAINT IN WHICH THE PARENT PREVAILED. THE NONPROFIT7
ORGANIZATION SHALL ROTATE THE ATTORNEYS ON THE LIST TO8
DISTRIBUTE DUE PROCESS COMPLAINT CASES EVENLY AMONG THE9
ATTORNEYS ON THE LIST.10
(4) (a) THE DEPARTMENT SHALL ANNUALLY PROVIDE THE11
NONPROFIT ORGANIZATION TWENTY THOUSAND DOLLARS TO PAY12
ATTORNEYS APPOINTED PURSUANT TO SUBSECTION (3) OF THIS SECTION13
AND TO CREATE, MAINTAIN, AND ADMINISTER THE LIST OF ATTORNEYS14
PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE NONPROFIT15
ORGANIZATION MAY RETAIN UNSPENT MONEY AT THE END OF A BUDGET16
YEAR.17
(b) IF THERE IS ANY UNSPENT MONEY AT THE END OF THE18
FIVE-YEAR SERVICE AGREEMENT, THE NONPROFIT ORGANIZATION SHALL19
RETURN THE UNSPENT MONEY TO THE DEPARTMENT . THE DEPARTMENT20
SHALL TRANSMIT ALL MONEY RECEIVED FROM THE NONPROFIT21
ORGANIZATION TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY22
TO THE GENERAL FUND.23
(5) THE DEPARTMENT SHALL INCLUDE INFORMATION REGARDING24
THE APPOINTMENT OF ATTORNEYS DESCRIBED IN SUBSECTION (3) OF THIS25
SECTION IN THE PROCEDURAL SAFEGUARD NOTICE , IN MATERIALS26
DISTRIBUTED TO PARENTS DESCRIBING DUE PROCESS COMPLAINT27
1168
-4- PROCEDURES, AND FOLLOWING A DECISION THE DEPARTMENT RENDERS1
CONCERNING A DISPUTE PURSUANT TO SECTION 22-20-108 (3). THE2
DEPARTMENT SHALL PROMINENTLY DISPLAY THE NONPROFIT3
ORGANIZATION'S WEBSITE ON THE DEPARTMENT 'S WEBSITE.4
(6) ON OR BEFORE SEPTEMBER 1, 2024, AND EACH SEPTEMBER 15
THEREAFTER THROUGH SEPTEMBER 1, 2028, THE NONPROFIT6
ORGANIZATION SHALL REPORT TO THE DEPARTMENT THE FOLLOWING :7
(a) THE NUMBER OF ATTORNEYS APPOINTED TO PARENTS IN DUE8
PROCESS COMPLAINT PROCEDURES PURSUANT TO SECTION 22-20-108 (3);9
(b) THE COSTS ASSOCIATED WITH EACH DUE PROCESS COMPLAINT10
CASE; AND11
(c) THE AMOUNT OF UNSPENT MONEY THE NONPROFIT12
ORGANIZATION RETAINS AT THE END OF THE BUDGET YEAR .13
(7) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2029.14
15
SECTION 2. Appropriation. For the 2023-24 state fiscal year,16
$33,260 is appropriated to the department of education. This17
appropriation is from the general fund. To implement this act, the18
department may use this appropriation for legal representation for due19
process complaints pursuant to section 22-20-108 (3), C.R.S.20
SECTION 3. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
1168
-5-