HOUSE BILL 23-1168
BY REPRESENTATIVE(S) Sharbini and Joseph, Amabile, Bacon, Brown,
Dickson, Duran, English, Froelich, Lieder, Lindsay, Mabrey, McLachlan,
Michaelson Jenet, Ortiz, Snyder, Titone, Valdez, Weissman, Woodrow,
Young, Boesenecker, Garcia, Gonzales-Gutierrez, Hamrick, Ricks, Sirota,
Soper, Velasco, Willford;
also SENATOR(S) Winter F., Buckner, Cutter, Exum, Fields, Ginal,
Hinrichsen, Marchman, Moreno, Priola, Rodriguez, Sullivan.
C
ONCERNING LEGAL REPRESENTATION IN DUE PROCESS COMPLAINT
HEARINGS FOR THE PARENTS OF A STUDENT WHO MAY BE ELIGIBLE
FOR SPECIAL EDUCATION SERVICES
, AND, IN CONNECTION THEREWITH,
MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-1-141 as
follows:
22-1-141. Legal representation - due process complaints -
appointments - report - definitions - repeal. (1) A
S USED IN THIS
SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) "ADMINISTRATIVE UNIT" HAS THE SAME MEANING SET FORTH IN
SECTION
22-20-103.
(b) "C
OLORADO NONPROFIT LEGAL ORGANIZATION " OR "NONPROFIT
ORGANIZATION
" MEANS A COLORADO NONPROFIT LEGAL ORGANIZATION
THAT FOCUSES ON SPECIAL EDUCATION LAW
, PROVIDES AFFORDABLE LEGAL
SERVICES
, AND OPERATES PURSUANT TO SECTION 501 (c)(3) OF THE FEDERAL
"INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501, AS AMENDED.
(c) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION
CREATED IN SECTION
24-1-115.
(d) "P
ARENT" MEANS 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
.
(e) "P
ROCEDURAL SAFEGUARD NOTICE " MEANS THE REQUIRED
NOTICE PROVIDED TO PARENTS CONTAINING AN EXPLANATION OF THE
AVAILABLE PROCEDURAL SAFE GUARDS PURSUANT TO THE FEDERAL
"INDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET
SEQ
., AS AMENDED , AND FEDERAL DEPARTMENT OF EDUCATION
REGULATIONS
.
(f) "S
TATE-OPERATED PROGRAM " HAS THE SAME MEANING SET
FORTH IN SECTION
22-20-103.
(g) "S
TUDENT WITH DISABILITIES" HAS THE SAME MEANING AS
"CHILDREN WITH DISABILITIES" SET FORTH IN SECTION 22-20-103.
(2) O
N OR BEFORE AUGUST 1, 2023, THE DEPARTMENT SHALL ENTER
INTO A SERVICE AGREEMENT WITH A NONPROFIT ORGANIZATION TO CREATE
AND MAINTAIN A LIST OF ATTORNEYS QUALIFIED TO REPRESENT A PARENT IN
A DUE PROCESS COMPLAINT FILED BY AN ADMINISTRATIVE UNIT OR
STATE
-OPERATED PROGRAM PURSUANT TO SECTION 22-20-108 (3)
CONCERNING ISSUES DISPUTED IN A STATE COMPLAINT IN WHICH THE PARENT
PREVAILED
. THE SERVICE AGREEMENT IS FOR FIVE YEARS . THE NONPROFIT
ORGANIZATION MAY CONSIDER AN ATTORNEY TO BE QUALIFIED IF THE
ATTORNEY DEMONSTRATES A HISTORY OF PRACTICE IN SPECIAL EDUCATION
LAW
. THE NONPROFIT ORGANIZATION SHALL UPDATE THE LIST ON AN
PAGE 2-HOUSE BILL 23-1168 ANNUAL BASIS.
(3) A
PARENT DESCRIBED IN SUBSECTION (2) OF THIS SECTION MAY
CONTACT THE NONPROFIT ORGANIZATION FOR AN ATTORNEY APPOINTMENT
.
T
HE NONPROFIT ORGANIZATION SHALL APPOINT AN ATTORNEY FROM THE
LIST OF ATTORNEYS DESCRIBED IN SUBSECTION
(2) OF THIS SECTION TO
REPRESENT THE PARENT IN A DUE PROCESS COMPLAINT THAT AN
ADMINISTRATIVE UNIT OR A STATE
-OPERATED PROGRAM FILES PURSUANT TO
SECTION
22-20-108 (3) CONCERNING ISSUES DISPUTED IN A STATE
COMPLAINT IN WHICH THE PARENT PREVAILED
. THE NONPROFIT
ORGANIZATION SHALL ROTATE THE ATTORNEYS ON THE LIST TO DISTRIBUTE
DUE PROCESS COMPLAINT CASES EVENLY AMONG THE ATTORNEYS ON THE
LIST
.
(4) (a) T
HE DEPARTMENT SHALL ANNUALLY PROVIDE THE NONPROFIT
ORGANIZATION TWENTY THOUSAND DOLLARS TO PAY ATTORNEYS
APPOINTED PURSUANT TO SUBSECTION
(3) OF THIS SECTION AND TO CREATE,
MAINTAIN, AND ADMINISTER THE LIST OF ATTORNEYS PURS UANT TO
SUBSECTION
(2) OF THIS SECTION. THE NONPROFIT ORGANIZATION MAY
RETAIN UNSPENT MONEY AT THE END OF A BUDGET YEAR
.
(b) I
F THERE IS ANY UNSPENT MONEY AT THE END OF THE FIVE-YEAR
SERVICE AGREEMENT
, THE NONPROFIT ORGANIZATION SHALL RETURN THE
UNSPENT MONEY TO THE DEPARTMENT
. THE DEPARTMENT SHALL TRANSMIT
ALL MONEY RECEIVED FROM THE NONPROFIT ORGANIZATION TO THE STATE
TREASURER
, WHO SHALL CREDIT THE MONEY TO THE GENERAL FUND .
(5) T
HE DEPARTMENT SHALL INCLUDE INFORMATION REGARDING THE
APPOINTMENT OF ATTORNEYS DESCRIBED IN SUBSECTION
(3) OF THIS
SECTION IN THE PROCEDURAL SAFEGUARD NOTICE
, IN MATERIALS
DISTRIBUTED TO PARENTS DESCRIBING DUE PROCESS COMPLAINT
PROCEDURES
, AND FOLLOWING A DECISION THE DEPARTMENT RENDERS
CONCERNING A DISPUTE PURSUANT TO SECTION
22-20-108 (3). THE
DEPARTMENT SHALL PROMINENTLY DISPLAY THE NONPROFIT
ORGANIZATION
'S WEBSITE ON THE DEPARTMENT 'S WEBSITE.
(6) O
N OR BEFORE SEPTEMBER 1, 2024, AND EACH SEPTEMBER 1
THEREAFTER THROUGH SEPTEMBER 1, 2028, THE NONPROFIT ORGANIZATION
SHALL REPORT TO THE DEPARTMENT THE FOLLOWING
:
PAGE 3-HOUSE BILL 23-1168 (a) THE NUMBER OF ATTORNEYS APPOINTED TO PARENTS IN DUE
PROCESS COMPLAINT PROCEDURES PURSUANT TO SECTION
22-20-108 (3);
(b) T
HE COSTS ASSOCIATED WITH EACH DUE PROCESS COMPLAINT
CASE
; AND
(c) THE AMOUNT OF UNSPENT MONEY THE NONPROFIT OR GANIZATION
RETAINS AT THE END OF THE BUDGET YEAR
.
(7) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2029.
SECTION 2. Appropriation. For the 2023-24 state fiscal year,
$33,260 is appropriated to the department of education. This appropriation
is from the general fund. To implement this act, the department may use this
appropriation for legal representation for due process complaints pursuant
to section 22-20-108 (3), C.R.S.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 4-HOUSE BILL 23-1168 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 23-1168