Colorado 2023 Regular Session

Colorado House Bill HB1168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0759.01 Alana Rosen x2606
1	8		HOUSE BILL 23-1168
2		-	BY REPRESENTATIVE(S) Sharbini and Joseph, Amabile, Bacon, Brown,
3		-	Dickson, Duran, English, Froelich, Lieder, Lindsay, Mabrey, McLachlan,
4		-	Michaelson Jenet, Ortiz, Snyder, Titone, Valdez, Weissman, Woodrow,
5		-	Young, Boesenecker, Garcia, Gonzales-Gutierrez, Hamrick, Ricks, Sirota,
6		-	Soper, Velasco, Willford;
7		-	also SENATOR(S) Winter F., Buckner, Cutter, Exum, Fields, Ginal,
8		-	Hinrichsen, Marchman, Moreno, Priola, Rodriguez, Sullivan.
	9	+	House Committees Senate Committees
	10	+	Education Education
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING LEGAL REPRESENTATION IN DUE PROCESS COMPLAINT
11		-	HEARINGS FOR THE PARENTS OF A STUDENT WHO MAY BE ELIGIBLE
12		-	FOR SPECIAL EDUCATION SERVICES
13		-	, AND, IN CONNECTION THEREWITH,
14		-	MAKING AN APPROPRIATION.
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, add 22-1-141 as
17		-	follows:
18		-	22-1-141. Legal representation - due process complaints -
19		-	appointments - report - definitions - repeal. (1) A
20		-	S USED IN THIS
21		-	SECTION
22		-	, UNLESS THE CONTEXT OTHERWISE REQUIRES :
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (a) "ADMINISTRATIVE UNIT" HAS THE SAME MEANING SET FORTH IN
31		-	SECTION
32		-	22-20-103.
33		-	(b) "C
34		-	OLORADO NONPROFIT LEGAL ORGANIZATION " OR "NONPROFIT
35		-	ORGANIZATION
36		-	" MEANS A COLORADO NONPROFIT LEGAL ORGANIZATION
37		-	THAT FOCUSES ON SPECIAL EDUCATION LAW
38		-	, PROVIDES AFFORDABLE LEGAL
39		-	SERVICES
40		-	, AND OPERATES PURSUANT TO SECTION 501 (c)(3) OF THE FEDERAL
41		-	"INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501, AS AMENDED.
42		-	(c) "D
43		-	EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION
44		-	CREATED IN SECTION
45		-	24-1-115.
	14	+	ONCERNING LEGAL REPRESENTATION IN DUE PROCESS COMPLAINT101
	15	+	HEARINGS FOR THE PARENTS OF A STUDENT WHO MAY BE102
	16	+	ELIGIBLE FOR SPECIAL EDUCATION
	17	+	SERVICES, AND, IN103
	18	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .104
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov.)
	25	+	Current law entitles a parent, guardian, or legal custodian of, or
	26	+	entity with educational decision-making authority for, a student with a
	27	+	disability, or a student who may be eligible for special education services
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 10, 2023
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	April 6, 2023
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	March 13, 2023
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	March 11, 2023
	40	+	HOUSE SPONSORSHIP
	41	+	Sharbini and Joseph, Amabile, Bacon, Brown, Dickson, Duran, English, Froelich, Lieder,
	42	+	Lindsay, Mabrey, McLachlan, Michaelson Jenet, Ortiz, Snyder, Titone, Valdez, Weissman,
	43	+	Woodrow, Young
	44	+	SENATE SPONSORSHIP
	45	+	Winter F., Buckner, Cutter, Exum, Fields, Ginal, Hinrichsen, Marchman, Moreno, Priola,
	46	+	Rodriguez, Sullivan
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	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
	50	+	administrative unit or a state-operated program (education provider). If
	51	+	the parent prevails in a state complaint decision, the education provider
	52	+	may file a due process complaint against the parent regarding the issues
	53	+	disputed in the state complaint. The bill requires the department of
	54	+	education (department) to create and maintain a list of attorneys qualified
	55	+	to represent a parent in a due process complaint hearing filed by an
	56	+	education provider concerning issues disputed in the state complaint in
	57	+	which the parent prevailed.
	58	+	The department shall appoint an attorney to defend a parent against
	59	+	due process complaints filed by an education provider. The parent may
	60	+	waive the appointment of the attorney.
	61	+	The bill requires the department to include information on attorney
	62	+	appointments in the procedural safeguard notice and in materials
	63	+	distributed to parents describing due process complaint procedures.
	64	+	The bill creates a fund to pay attorneys defending parents against
	65	+	due process complaints filed by an education provider.
	66	+	Be it enacted by the General Assembly of the State of Colorado:1
	67	+	SECTION 1. In Colorado Revised Statutes, add 22-1-140 as2
	68	+	follows:3
	69	+	22-1-140. Legal representation - due process complaints -4
	70	+	appointments
	71	+	- report - definitions - repeal. (1) A S USED IN THIS5
	72	+	SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6
	73	+	(a) "A
	74	+	DMINISTRATIVE UNIT" HAS THE SAME MEANING SET FORTH7
	75	+	IN SECTION 22-20-103.8 (b) "COLORADO NONPROFIT LEGAL ORGANIZATION" OR9
	76	+	"NONPROFIT ORGANIZATION" MEANS A COLORADO NONPROFIT LEGAL10
	77	+	ORGANIZATION THAT FOCUSES ON SPECIAL EDUCATION LAW , PROVIDES11
	78	+	AFFORDABLE LEGAL SERVICES, AND OPERATES PURSUANT TO SECTION 50112
	79	+	(c)(3) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", 26 U.S.C.13
	80	+	SEC. 501, AS AMENDED.14
	81	+	(c) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION15
	82	+	CREATED IN SECTION 24-1-115.16
	83	+	1168-2- 1
46	84		(d) "P
47		-	ARENT" MEANS A PARENT, GUARDIAN, OR LEGAL CUSTODIAN
48		-	OF
49		-	, OR ENTITY WITH EDUCATIONAL DECISION -MAKING AUTHORITY FOR , A
50		-	STUDENT WITH A DISABILITY OR A STUDENT WHO MAY BE ELIGIBLE FOR
51		-	SPECIAL EDUCATION SERVICES
52		-	.
	85	+	ARENT" MEANS A PARENT, GUARDIAN, OR LEGAL CUSTODIAN2
	86	+	OF, OR ENTITY WITH EDUCATIONAL DECISION-MAKING AUTHORITY FOR, A3
	87	+	STUDENT WITH A DISABILITY OR A STUDENT WHO MAY BE ELIGIBLE FOR4
	88	+	SPECIAL EDUCATION SERVICES.5
53	89		(e) "P
54		-	ROCEDURAL SAFEGUARD NOTICE " MEANS THE REQUIRED
55		-	NOTICE PROVIDED TO PARENTS CONTAINING AN EXPLANATION OF THE
56		-	AVAILABLE PROCEDURAL SAFE GUARDS PURSUANT TO THE FEDERAL
57		-	"INDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET
58		-	SEQ
59		-	., AS AMENDED , AND FEDERAL DEPARTMENT OF EDUCATION
60		-	REGULATIONS
61		-	.
	90	+	ROCEDURAL SAFEGUARD NOTICE " MEANS THE REQUIRED6
	91	+	NOTICE PROVIDED TO PARENTS CONTAINING AN EXPLANATION OF THE7
	92	+	AVAILABLE PROCEDURAL SAFEGUARDS PURSUANT TO THE FEDERAL8
	93	+	"I
	94	+	NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 14009
	95	+	ET SEQ., AS AMENDED, AND FEDERAL DEPARTMENT OF EDUCATION10
	96	+	REGULATIONS.11
62	97		(f) "S
63		-	TATE-OPERATED PROGRAM " HAS THE SAME MEANING SET
64		-	FORTH IN SECTION
65		-	22-20-103.
	98	+	TATE-OPERATED PROGRAM " HAS THE SAME MEANING SET12
	99	+	FORTH IN SECTION 22-20-103.13
66	100		(g) "S
67		-	TUDENT WITH DISABILITIES" HAS THE SAME MEANING AS
68		-	"CHILDREN WITH DISABILITIES" SET FORTH IN SECTION 22-20-103.
69		-	(2) O
70		-	N OR BEFORE AUGUST 1, 2023, THE DEPARTMENT SHALL ENTER
71		-	INTO A SERVICE AGREEMENT WITH A NONPROFIT ORGANIZATION TO CREATE
72		-	AND MAINTAIN A LIST OF ATTORNEYS QUALIFIED TO REPRESENT A PARENT IN
73		-	A DUE PROCESS COMPLAINT FILED BY AN ADMINISTRATIVE UNIT OR
74		-	STATE
75		-	-OPERATED PROGRAM PURSUANT TO SECTION 22-20-108 (3)
76		-	CONCERNING ISSUES DISPUTED IN A STATE COMPLAINT IN WHICH THE PARENT
77		-	PREVAILED
78		-	. THE SERVICE AGREEMENT IS FOR FIVE YEARS . THE NONPROFIT
79		-	ORGANIZATION MAY CONSIDER AN ATTORNEY TO BE QUALIFIED IF THE
80		-	ATTORNEY DEMONSTRATES A HISTORY OF PRACTICE IN SPECIAL EDUCATION
81		-	LAW
82		-	. THE NONPROFIT ORGANIZATION SHALL UPDATE THE LIST ON AN
83		-	PAGE 2-HOUSE BILL 23-1168 ANNUAL BASIS.
84		-	(3) A
85		-	PARENT DESCRIBED IN SUBSECTION (2) OF THIS SECTION MAY
86		-	CONTACT THE NONPROFIT ORGANIZATION FOR AN ATTORNEY APPOINTMENT
87		-	.
88		-	T
89		-	HE NONPROFIT ORGANIZATION SHALL APPOINT AN ATTORNEY FROM THE
90		-	LIST OF ATTORNEYS DESCRIBED IN SUBSECTION
91		-	(2) OF THIS SECTION TO
92		-	REPRESENT THE PARENT IN A DUE PROCESS COMPLAINT THAT AN
93		-	ADMINISTRATIVE UNIT OR A STATE
94		-	-OPERATED PROGRAM FILES PURSUANT TO
95		-	SECTION
96		-	22-20-108 (3) CONCERNING ISSUES DISPUTED IN A STATE
97		-	COMPLAINT IN WHICH THE PARENT PREVAILED
98		-	. THE NONPROFIT
99		-	ORGANIZATION SHALL ROTATE THE ATTORNEYS ON THE LIST TO DISTRIBUTE
100		-	DUE PROCESS COMPLAINT CASES EVENLY AMONG THE ATTORNEYS ON THE
101		-	LIST
102		-	.
103		-	(4) (a) T
104		-	HE DEPARTMENT SHALL ANNUALLY PROVIDE THE NONPROFIT
105		-	ORGANIZATION TWENTY THOUSAND DOLLARS TO PAY ATTORNEYS
106		-	APPOINTED PURSUANT TO SUBSECTION
107		-	(3) OF THIS SECTION AND TO CREATE,
108		-	MAINTAIN, AND ADMINISTER THE LIST OF ATTORNEYS PURS UANT TO
109		-	SUBSECTION
110		-	(2) OF THIS SECTION. THE NONPROFIT ORGANIZATION MAY
111		-	RETAIN UNSPENT MONEY AT THE END OF A BUDGET YEAR
112		-	.
113		-	(b) I
114		-	F THERE IS ANY UNSPENT MONEY AT THE END OF THE FIVE-YEAR
115		-	SERVICE AGREEMENT
116		-	, THE NONPROFIT ORGANIZATION SHALL RETURN THE
117		-	UNSPENT MONEY TO THE DEPARTMENT
118		-	. THE DEPARTMENT SHALL TRANSMIT
119		-	ALL MONEY RECEIVED FROM THE NONPROFIT ORGANIZATION TO THE STATE
120		-	TREASURER
121		-	, WHO SHALL CREDIT THE MONEY TO THE GENERAL FUND .
122		-	(5) T
123		-	HE DEPARTMENT SHALL INCLUDE INFORMATION REGARDING THE
124		-	APPOINTMENT OF ATTORNEYS DESCRIBED IN SUBSECTION
125		-	(3) OF THIS
126		-	SECTION IN THE PROCEDURAL SAFEGUARD NOTICE
127		-	, IN MATERIALS
128		-	DISTRIBUTED TO PARENTS DESCRIBING DUE PROCESS COMPLAINT
129		-	PROCEDURES
130		-	, AND FOLLOWING A DECISION THE DEPARTMENT RENDERS
131		-	CONCERNING A DISPUTE PURSUANT TO SECTION
132		-	22-20-108 (3). THE
133		-	DEPARTMENT SHALL PROMINENTLY DISPLAY THE NONPROFIT
134		-	ORGANIZATION
135		-	'S WEBSITE ON THE DEPARTMENT 'S WEBSITE.
136		-	(6) O
137		-	N OR BEFORE SEPTEMBER 1, 2024, AND EACH SEPTEMBER 1
138		-	THEREAFTER THROUGH SEPTEMBER 1, 2028, THE NONPROFIT ORGANIZATION
139		-	SHALL REPORT TO THE DEPARTMENT THE FOLLOWING
140		-	:
141		-	PAGE 3-HOUSE BILL 23-1168 (a) THE NUMBER OF ATTORNEYS APPOINTED TO PARENTS IN DUE
142		-	PROCESS COMPLAINT PROCEDURES PURSUANT TO SECTION
143		-	22-20-108 (3);
144		-	(b) T
145		-	HE COSTS ASSOCIATED WITH EACH DUE PROCESS COMPLAINT
146		-	CASE
147		-	; AND
148		-	(c) THE AMOUNT OF UNSPENT MONEY THE NONPROFIT OR GANIZATION
149		-	RETAINS AT THE END OF THE BUDGET YEAR
150		-	.
151		-	(7) T
152		-	HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2029.
153		-	SECTION 2. Appropriation. For the 2023-24 state fiscal year,
154		-	$33,260 is appropriated to the department of education. This appropriation
155		-	is from the general fund. To implement this act, the department may use this
156		-	appropriation for legal representation for due process complaints pursuant
157		-	to section 22-20-108 (3), C.R.S.
158		-	SECTION 3. Safety clause. The general assembly hereby finds,
159		-	PAGE 4-HOUSE BILL 23-1168 determines, and declares that this act is necessary for the immediate
160		-	preservation of the public peace, health, or safety.
161		-	____________________________ ____________________________
162		-	Julie McCluskie Steve Fenberg
163		-	SPEAKER OF THE HOUSE PRESIDENT OF
164		-	OF REPRESENTATIVES THE SENATE
165		-	____________________________ ____________________________
166		-	Robin Jones Cindi L. Markwell
167		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
168		-	OF REPRESENTATIVES THE SENATE
169		-	APPROVED________________________________________
170		-	(Date and Time)
171		-	_________________________________________
172		-	Jared S. Polis
173		-	GOVERNOR OF THE STATE OF COLORADO
174		-	PAGE 5-HOUSE BILL 23-1168
	101	+	TUDENT WITH DISABILITIES" HAS THE SAME MEANING AS14
	102	+	"
	103	+	CHILDREN WITH DISABILITIES" SET FORTH IN SECTION 22-20-103.15
	104	+	(2) ON OR BEFORE AUGUST 1, 2023, THE DEPARTMENT SHALL16
	105	+	ENTER INTO A SERVICE AGREEMENT WITH A NONPROFIT ORGANIZATION TO17
	106	+	CREATE AND MAINTAIN A LIST OF ATTORNEYS QUALIFIED TO REPRESENT18
	107	+	A PARENT IN A DUE PROCESS COMPLAINT FILED BY AN ADMINISTRATIVE19
	108	+	UNIT OR STATE-OPERATED PROGRAM PURSUANT TO SECTION 22-20-108 (3)20
	109	+	CONCERNING ISSUES DISPUTED IN A STATE COMPLAINT IN WHICH THE21
	110	+	PARENT PREVAILED. THE SERVICE AGREEMENT IS FOR FIVE YEARS. THE22
	111	+	NONPROFIT ORGANIZATION MAY CONSIDER AN ATTORNEY TO BE QUALIFIED23
	112	+	IF THE ATTORNEY DEMONSTRATES A HISTORY OF PRACTICE IN SPECIAL24
	113	+	EDUCATION LAW. THE NONPROFIT ORGANIZATION SHALL UPDATE THE LIST25
	114	+	ON AN ANNUAL BASIS.26
	115	+	(3) A PARENT DESCRIBED IN SUBSECTION (2) OF THIS SECTION MAY27
	116	+	1168
	117	+	-3- CONTACT THE NONPROFIT ORGANIZATION FOR AN ATTORNEY1
	118	+	APPOINTMENT. THE NONPROFIT ORGANIZATION SHALL APPOINT AN2
	119	+	ATTORNEY FROM THE LIST OF ATTORNEYS DESCRIBED IN SUBSECTION (2)3
	120	+	OF THIS SECTION TO REPRESENT THE PARENT IN A DUE PROCESS COMPLAINT4
	121	+	THAT AN ADMINISTRATIVE UNIT OR A STATE-OPERATED PROGRAM FILES5
	122	+	PURSUANT TO SECTION 22-20-108 (3) CONCERNING ISSUES DISPUTED IN A6
	123	+	STATE COMPLAINT IN WHICH THE PARENT PREVAILED. THE NONPROFIT7
	124	+	ORGANIZATION SHALL ROTATE THE ATTORNEYS ON THE LIST TO8
	125	+	DISTRIBUTE DUE PROCESS COMPLAINT CASES EVENLY AMONG THE9
	126	+	ATTORNEYS ON THE LIST.10
	127	+	(4) (a) THE DEPARTMENT SHALL ANNUALLY PROVIDE THE11
	128	+	NONPROFIT ORGANIZATION TWENTY THOUSAND DOLLARS TO PAY12
	129	+	ATTORNEYS APPOINTED PURSUANT TO SUBSECTION (3) OF THIS SECTION13
	130	+	AND TO CREATE, MAINTAIN, AND ADMINISTER THE LIST OF ATTORNEYS14
	131	+	PURSUANT TO SUBSECTION (2) OF THIS SECTION. THE NONPROFIT15
	132	+	ORGANIZATION MAY RETAIN UNSPENT MONEY AT THE END OF A BUDGET16
	133	+	YEAR.17
	134	+	(b) IF THERE IS ANY UNSPENT MONEY AT THE END OF THE18
	135	+	FIVE-YEAR SERVICE AGREEMENT, THE NONPROFIT ORGANIZATION SHALL19
	136	+	RETURN THE UNSPENT MONEY TO THE DEPARTMENT . THE DEPARTMENT20
	137	+	SHALL TRANSMIT ALL MONEY RECEIVED FROM THE NONPROFIT21
	138	+	ORGANIZATION TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY22
	139	+	TO THE GENERAL FUND.23
	140	+	(5) THE DEPARTMENT SHALL INCLUDE INFORMATION REGARDING24
	141	+	THE APPOINTMENT OF ATTORNEYS DESCRIBED IN SUBSECTION (3) OF THIS25
	142	+	SECTION IN THE PROCEDURAL SAFEGUARD NOTICE , IN MATERIALS26
	143	+	DISTRIBUTED TO PARENTS DESCRIBING DUE PROCESS COMPLAINT27
	144	+	1168
	145	+	-4- PROCEDURES, AND FOLLOWING A DECISION THE DEPARTMENT RENDERS1
	146	+	CONCERNING A DISPUTE PURSUANT TO SECTION 22-20-108 (3). THE2
	147	+	DEPARTMENT SHALL PROMINENTLY DISPLAY THE NONPROFIT3
	148	+	ORGANIZATION'S WEBSITE ON THE DEPARTMENT 'S WEBSITE.4
	149	+	(6) ON OR BEFORE SEPTEMBER 1, 2024, AND EACH SEPTEMBER 15
	150	+	THEREAFTER THROUGH SEPTEMBER 1, 2028, THE NONPROFIT6
	151	+	ORGANIZATION SHALL REPORT TO THE DEPARTMENT THE FOLLOWING :7
	152	+	(a) THE NUMBER OF ATTORNEYS APPOINTED TO PARENTS IN DUE8
	153	+	PROCESS COMPLAINT PROCEDURES PURSUANT TO SECTION 22-20-108 (3);9
	154	+	(b) THE COSTS ASSOCIATED WITH EACH DUE PROCESS COMPLAINT10
	155	+	CASE; AND11
	156	+	(c) THE AMOUNT OF UNSPENT MONEY THE NONPROFIT12
	157	+	ORGANIZATION RETAINS AT THE END OF THE BUDGET YEAR .13
	158	+	(7) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2029.14
	159	+	15
	160	+	SECTION 2. Appropriation. For the 2023-24 state fiscal year,16
	161	+	$33,260 is appropriated to the department of education. This17
	162	+	appropriation is from the general fund. To implement this act, the18
	163	+	department may use this appropriation for legal representation for due19
	164	+	process complaints pursuant to section 22-20-108 (3), C.R.S.20
	165	+	SECTION 3. Safety clause. The general assembly hereby finds,21
	166	+	determines, and declares that this act is necessary for the immediate22
	167	+	preservation of the public peace, health, or safety.23
	168	+	1168
	169	+	-5-