Colorado 2025 Regular Session

Colorado Senate Bill SB073 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REENGROSSED
5-This Version Includes All Amendments
6-Adopted in the House of Introduction
4+ENGROSSED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the House of Introduction
77 LLS NO. 25-0485.01 Alana Rosen x2606
88 SENATE BILL 25-073
99 Senate Committees House Committees
1010 Education
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING ENHANCING SUPPORT FOR MILITARY -CONNECTED101
1414 CHILDREN WITH DISABILITIES WHO ENROLL IN COLORADO102
1515 SCHOOLS.103
1616 Bill Summary
1717 (Note: This summary applies to this bill as introduced and does
1818 not reflect any amendments that may be subsequently adopted. If this bill
1919 passes third reading in the house of introduction, a bill summary that
2020 applies to the reengrossed version of this bill will be available at
2121 http://leg.colorado.gov
2222 .)
2323 The bill clarifies the process and timeline for an administrative unit
2424 or a state-operated program to provide special education services to a
2525 military-connected child with disabilities (child) who transfers from one
2626 administrative unit or state-operated program within Colorado to another,
2727 or transfers from an out-of-state school district or private school to an
2828 SENATE
29-3rd Reading Unamended
30-February 25, 2025
31-SENATE
3229 Amended 2nd Reading
3330 February 24, 2025
3431 SENATE SPONSORSHIP
35-Liston and Marchman, Amabile, Coleman, Cutter, Exum, Hinrichsen, Jodeh, Kipp,
36-Kolker, Michaelson Jenet, Mullica, Pelton B., Roberts, Rodriguez, Snyder, Weissman, Winter
37-F.
32+Liston and Marchman,
3833 HOUSE SPONSORSHIP
3934 Keltie and Martinez,
4035 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4136 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4237 Dashes through the words or numbers indicate deletions from existing law. administrative unit or a state-operated program within Colorado, as a
4338 result of an inbound active duty military member's (member) order to
4439 permanently change military stations.
4540 For a child who transfers from an administrative unit or
4641 state-approved program to a private school within Colorado, or transfers
4742 from an out-of-state school district or private school to a private school
4843 within Colorado, the administrative unit with jurisdiction over the
4944 geographic boundary that the private school is located in shall review the
5045 child's evaluation information and existing individualized education
5146 program (IEP) or section 504 plan in consultation with the child's
5247 member, parent, legal guardian, or custodian. The administrative unit
5348 shall determine and provide equitable special education and related
5449 services, an IEP, or a section 504 plan to the child enrolled in the private
5550 school.
5651 For a child who transfers from an out-of-state school district or
5752 private school with an individualized family service plan, the
5853 administrative unit or the state-operated program shall follow the process
5954 to coordinate, in conjunction with the department of early childhood, the
6055 transition of the child from an early intervention program for infants and
6156 toddlers pursuant to part C of the federal "Individuals with Disabilities
6257 Education Act" (IDEA) to a program component to serve children with
6358 disabilities from 3 to 21 years of age pursuant to part B of the IDEA.
6459 The bill requires an administrative unit, a state-operated program,
6560 or an administrative unit with jurisdiction over the geographic boundary
6661 that a private school is located in to receive informed consent from the
6762 member, parent, legal guardian, or custodian of a child before:
6863 ! There are revisions to the child's category of disability;
6964 ! There are revisions to the child's IEP or section 504 plan;
7065 ! There are changes to the child's eligibility for special
7166 education and related services; or
7267 ! There is a partial or complete termination of special
7368 education and related services, except if the child graduates
7469 with a standard or advanced studies diploma.
7570 In the event a dispute between an administrative unit or a
7671 state-operated program and a member, parent, legal guardian, or
7772 custodian of a child results in a due process hearing, the administrative
7873 unit or the state-operated program has the burden of proof.
7974 Be it enacted by the General Assembly of the State of Colorado:1
8075 SECTION 1. In Colorado Revised Statutes, 22-36-107, add (3)(f)
8176 2
8277 and (3)(g) as follows:3
8378 22-36-107. Inbound active duty military families - school4
8479 073-2- enrollment - registration - legislative declaration - definitions.1
8580 (3) (f) C
8681 ONSISTENT WITH EXISTING STATE AND FEDERAL LAW AND
8782 2
8883 REGULATIONS, THE CHILD OF AN INBOUND ACTIVE DUTY MILITARY3
8984 MEMBER WHO HAS AN EXISTING INDIVIDUALIZED EDUCATION PROGRAM ,4
9085 AS DEFINED IN SECTION 22-20-103, OR AN EXISTING SECTION 504 PLAN, AS5
9186 DEFINED IN SECTION 22-20-123, IS ELIGIBLE FOR OPEN ENROLLMENT AND6
9287 GUARANTEED MATRICULATION PURSUANT TO THIS SECTION . THE SCHOOL7
9388 DISTRICT OR CHARTER SCHOOL WHERE THE STUDENT ENROLLS SHALL8
9489 ENSURE THAT THE STUDENT RECEIVES THE APPROPRIATE SERVICES AND9
9590 ACCOMMODATIONS , CONSISTENT WITH THE CHILD 'S EXISTING10
9691 INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 PLAN WITHOUT11
9792 UNREASONABLE DELAY UPON ENROLLMENT .12
9893 (g) E
9994 ACH SCHOOL DISTRICT AND CHARTER SCHOOL SHALL TAKE
10095 13
10196 REASONABLE STEPS TO NOTIFY INBOUND ACTIVE DUTY MILITARY MEMBERS14
10297 AND THEIR FAMILIES OF THEIR RIGHTS PURSUANT TO THIS SECTION ,15
10398 INCLUDING PROVIDING INFORMATION ON ELIGIBILITY FOR SPECIAL16
10499 EDUCATION SERVICES TO PREVENT INADVERTENT EXCLUSION AND TO17
105100 ENSURE INBOUND ACTIVE DUTY MILITARY MEMBERS AND THEIR FAMILIES18
106101 ARE FULLY INFORMED OF AVAILABLE SUPPORTS .19
107102 SECTION 2. Act subject to petition - effective date. This act20
108103 takes effect at 12:01 a.m. on the day following the expiration of the21
109104 ninety-day period after final adjournment of the general assembly; except22
110105 that, if a referendum petition is filed pursuant to section 1 (3) of article V23
111106 of the state constitution against this act or an item, section, or part of this24
112107 act within such period, then the act, item, section, or part will not take25
113108 effect unless approved by the people at the general election to be held in26
114109 073
115110 -3- November 2026 and, in such case, will take effect on the date of the1
116111 official declaration of the vote thereon by the governor.2
117112 073
118113 -4-