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. 23-0925.01 Alana Rosen x2606
HOUSE BILL 23-1263
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING TRANSLATING INDI VIDUALIZED EDUCATION PROGRAMS101
FOR CHILDREN WHO MAY BE ELIGIBLE FOR SPECIAL EDUCATION102
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
.)
The bill permits the multidisciplinary team that creates an
individualized education program (IEP) for a child, who may be eligible
for special education services, to translate the IEP draft documents into
the dominant language spoken in the home of the child's parent, guardian,
or legal custodian. The bill requires the multidisciplinary team to translate
HOUSE
Amended 2nd Reading
April 13, 2023
HOUSE SPONSORSHIP
Garcia and Young, Amabile, Bacon, Bird, Bockenfeld, Boesenecker, Brown, deGruy
Kennedy, Dickson, Duran, Epps, Gonzales-Gutierrez, Jodeh, Joseph, Kipp, Lindsay,
Lindstedt, Mabrey, Marshall, Martinez, McLachlan, Michaelson Jenet, Ortiz, Parenti,
Sharbini, Sirota, Story, Titone, Velasco, Weissman, Willford, Woodrow
SENATE SPONSORSHIP
Zenzinger and Gonzales, Buckner, Danielson, Hinrichsen, Jaquez Lewis, Kirkmeyer,
Moreno, 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. the final IEP document into the dominant language spoken in the home
of the child's parent, guardian, or legal custodian.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) The federal "Individuals with Disabilities Education Act", 204
U.S.C. sec. 1400 et seq., as amended, states that parents, guardians, or5
legal custodians shall be a meaningful part of the individualized6
education program (IEP) development team;7
(b) Meaningful engagement includes the participation of parents,8
guardians, or legal custodians, which is possible only if parents or9
guardians understand the proposed IEP;10
(c) School districts currently cover costs necessary to11
meaningfully engage families, which does not include financial support12
from the federal government; and13
(d) By adding translation services to the "Exceptional Children's14
Educational Act" pursuant to article 20 of title 22, Colorado Revised15
Statutes, school districts can access resources from the state to support the16
translation of IEPs, including draft documents, into the dominant17
language spoken in the home of the parents, guardians, or legal18
custodians receiving the IEP.19
(2) The general assembly finds, therefore, that children who20
require an IEP deserve the best chance at success, which includes21
engaging parents, guardians, or legal custodians by translating IEPs into22
the dominant language spoken in the home of the parents, guardians, or23
legal custodians. It also includes engagement between parents, guardians,24
or legal custodians and critical school district partners.25
1263-2- SECTION 2. In Colorado Revised Statutes, 22-20-108, add (4.8)1
as follows:2
22-20-108. Determination of disability - enrollment. (4.8) I
N3
DEVELOPING AN IEP PURSUANT TO SUBSECTION (4) OF THIS SECTION FOR4
A CHILD WHO IS AN ENGLISH LANGUAGE LEARNER , IN ADDITION TO ANY5
OTHER REQUIREMENTS ESTABLISHED BY THE STATE BOARD , THE IEP6
SHALL CONSIDER THE RELATED SERVICES AND PROGRAM OPTIONS THAT7
PROVIDE THE CHILD WITH AN APPROPRIATE AND EQUAL OPPORTUNITY FOR8
COMMUNICATION ACCESS .
COMMUNICATION ACCESS MUST INCLUDE9
ACCESS TO EFFECTIVE COMMUNICATION PURSUANT TO TITLE II OF THE10
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.11
12131 ET SEQ., AS AMENDED. THE IEP TEAM SHALL CONSIDER THE CHILD'S12
SPECIFIC COMMUNICATION NEEDS AND , TO THE EXTENT POSSIBLE ,13
ADDRESS THOSE NEEDS AS APPROPRIATE IN THE CHILD 'S IEP. IN14
CONSIDERING THE CHILD'S NEEDS, THE IEP TEAM MAY TRANSLATE OR15
CONTRACT WITH A TRANSLATION SERVICE PROVIDER TO TRANSLATE ANY16
IEP
DRAFT DOCUMENTS INTO THE DOMINANT LANGUAGE SPOKEN IN THE17
HOME OF THE CHILD'S PARENT, GUARDIAN, OR LEGAL CUSTODIAN. THE IEP18
TEAM SHALL TRANSLATE
OR CONTRACT WITH A TRANSLATION SERVICE19
PROVIDER TO TRANSLATE THE FINAL IEP DOCUMENT INTO THE DOMINANT20
LANGUAGE SPOKEN IN THE HOME OF THE CHILD 'S PARENT, GUARDIAN, OR21
LEGAL CUSTODIAN.22
SECTION 3. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
1263
-3- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2024 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
1263
-4-