38 | 33 | | HOUSE SPONSORSHIP |
---|
39 | 34 | | Keltie and Martinez, |
---|
40 | 35 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
---|
41 | 36 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
---|
42 | 37 | | Dashes through the words or numbers indicate deletions from existing law. administrative unit or a state-operated program within Colorado, as a |
---|
43 | 38 | | result of an inbound active duty military member's (member) order to |
---|
44 | 39 | | permanently change military stations. |
---|
45 | 40 | | For a child who transfers from an administrative unit or |
---|
46 | 41 | | state-approved program to a private school within Colorado, or transfers |
---|
47 | 42 | | from an out-of-state school district or private school to a private school |
---|
48 | 43 | | within Colorado, the administrative unit with jurisdiction over the |
---|
49 | 44 | | geographic boundary that the private school is located in shall review the |
---|
50 | 45 | | child's evaluation information and existing individualized education |
---|
51 | 46 | | program (IEP) or section 504 plan in consultation with the child's |
---|
52 | 47 | | member, parent, legal guardian, or custodian. The administrative unit |
---|
53 | 48 | | shall determine and provide equitable special education and related |
---|
54 | 49 | | services, an IEP, or a section 504 plan to the child enrolled in the private |
---|
55 | 50 | | school. |
---|
56 | 51 | | For a child who transfers from an out-of-state school district or |
---|
57 | 52 | | private school with an individualized family service plan, the |
---|
58 | 53 | | administrative unit or the state-operated program shall follow the process |
---|
59 | 54 | | to coordinate, in conjunction with the department of early childhood, the |
---|
60 | 55 | | transition of the child from an early intervention program for infants and |
---|
61 | 56 | | toddlers pursuant to part C of the federal "Individuals with Disabilities |
---|
62 | 57 | | Education Act" (IDEA) to a program component to serve children with |
---|
63 | 58 | | disabilities from 3 to 21 years of age pursuant to part B of the IDEA. |
---|
64 | 59 | | The bill requires an administrative unit, a state-operated program, |
---|
65 | 60 | | or an administrative unit with jurisdiction over the geographic boundary |
---|
66 | 61 | | that a private school is located in to receive informed consent from the |
---|
67 | 62 | | member, parent, legal guardian, or custodian of a child before: |
---|
68 | 63 | | ! There are revisions to the child's category of disability; |
---|
69 | 64 | | ! There are revisions to the child's IEP or section 504 plan; |
---|
70 | 65 | | ! There are changes to the child's eligibility for special |
---|
71 | 66 | | education and related services; or |
---|
72 | 67 | | ! There is a partial or complete termination of special |
---|
73 | 68 | | education and related services, except if the child graduates |
---|
74 | 69 | | with a standard or advanced studies diploma. |
---|
75 | 70 | | In the event a dispute between an administrative unit or a |
---|
76 | 71 | | state-operated program and a member, parent, legal guardian, or |
---|
77 | 72 | | custodian of a child results in a due process hearing, the administrative |
---|
78 | 73 | | unit or the state-operated program has the burden of proof. |
---|
79 | 74 | | Be it enacted by the General Assembly of the State of Colorado:1 |
---|
80 | 75 | | SECTION 1. In Colorado Revised Statutes, 22-36-107, add (3)(f) |
---|
81 | 76 | | 2 |
---|
82 | 77 | | and (3)(g) as follows:3 |
---|
83 | 78 | | 22-36-107. Inbound active duty military families - school4 |
---|
84 | 79 | | 073-2- enrollment - registration - legislative declaration - definitions.1 |
---|
85 | 80 | | (3) (f) C |
---|
86 | 81 | | ONSISTENT WITH EXISTING STATE AND FEDERAL LAW AND |
---|
87 | 82 | | 2 |
---|
88 | 83 | | REGULATIONS, THE CHILD OF AN INBOUND ACTIVE DUTY MILITARY3 |
---|
89 | 84 | | MEMBER WHO HAS AN EXISTING INDIVIDUALIZED EDUCATION PROGRAM ,4 |
---|
90 | 85 | | AS DEFINED IN SECTION 22-20-103, OR AN EXISTING SECTION 504 PLAN, AS5 |
---|
91 | 86 | | DEFINED IN SECTION 22-20-123, IS ELIGIBLE FOR OPEN ENROLLMENT AND6 |
---|
92 | 87 | | GUARANTEED MATRICULATION PURSUANT TO THIS SECTION . THE SCHOOL7 |
---|
93 | 88 | | DISTRICT OR CHARTER SCHOOL WHERE THE STUDENT ENROLLS SHALL8 |
---|
94 | 89 | | ENSURE THAT THE STUDENT RECEIVES THE APPROPRIATE SERVICES AND9 |
---|
95 | 90 | | ACCOMMODATIONS , CONSISTENT WITH THE CHILD 'S EXISTING10 |
---|
96 | 91 | | INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 PLAN WITHOUT11 |
---|
97 | 92 | | UNREASONABLE DELAY UPON ENROLLMENT .12 |
---|
98 | 93 | | (g) E |
---|
99 | 94 | | ACH SCHOOL DISTRICT AND CHARTER SCHOOL SHALL TAKE |
---|
100 | 95 | | 13 |
---|
101 | 96 | | REASONABLE STEPS TO NOTIFY INBOUND ACTIVE DUTY MILITARY MEMBERS14 |
---|
102 | 97 | | AND THEIR FAMILIES OF THEIR RIGHTS PURSUANT TO THIS SECTION ,15 |
---|
103 | 98 | | INCLUDING PROVIDING INFORMATION ON ELIGIBILITY FOR SPECIAL16 |
---|
104 | 99 | | EDUCATION SERVICES TO PREVENT INADVERTENT EXCLUSION AND TO17 |
---|
105 | 100 | | ENSURE INBOUND ACTIVE DUTY MILITARY MEMBERS AND THEIR FAMILIES18 |
---|
106 | 101 | | ARE FULLY INFORMED OF AVAILABLE SUPPORTS .19 |
---|
107 | 102 | | SECTION 2. Act subject to petition - effective date. This act20 |
---|
108 | 103 | | takes effect at 12:01 a.m. on the day following the expiration of the21 |
---|
109 | 104 | | ninety-day period after final adjournment of the general assembly; except22 |
---|
110 | 105 | | that, if a referendum petition is filed pursuant to section 1 (3) of article V23 |
---|
111 | 106 | | of the state constitution against this act or an item, section, or part of this24 |
---|
112 | 107 | | act within such period, then the act, item, section, or part will not take25 |
---|
113 | 108 | | effect unless approved by the people at the general election to be held in26 |
---|
114 | 109 | | 073 |
---|
115 | 110 | | -3- November 2026 and, in such case, will take effect on the date of the1 |
---|
116 | 111 | | official declaration of the vote thereon by the governor.2 |
---|
117 | 112 | | 073 |
---|
118 | 113 | | -4- |
---|