22-20-104. Administration - advisory committee - rules.

Statute text

(1) (a) The department shall administer this part 1. Administration of this part 1 includes the recommendation to the state board of reasonable rules necessary to implement this part 1, including but not limited to:

(I) Minimum standards for administrative units, state-operated programs, approved facility schools, and personnel;

(II) Criteria for determining disability and eligibility for special education services;

(III) Procedures regarding the identification of children with disabilities pursuant to part B child find;

(IV) Requirements for parental consent, including but not limited to parental consent for the evaluation of children with disabilities and the initial provision of special education services;

(V) Required IEP content and procedures for IEP development, review, and revision;

(VI) Application of school discipline procedures to children with disabilities;

(VII) Required procedural safeguards;

(VIII) Procedures for special education dispute resolution;

(IX) Extended school year services; and

(X) Requirements pursuant to the IDEA regarding children with disabilities who are enrolled in private schools.

(XI) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1483, 12; (HB 11-1077), ch. 30, p. 75, 4, effective August 10, 2011.)

(b) The state board shall adopt appropriate recommendations as rules to implement this part 1 following public comment and hearing. The rules promulgated by the state board shall be in accord with the legislative declaration set forth in section 22-20-102.

(c) An administrative unit, a state-operated program, or an approved facility school that provides plans, programs, or services that do not comply with the rules adopted by the state board will be provided by the department with a detailed analysis of any discrepancies noted along with specific recommendations for their correction. Applicable federal and state funding will be provided or continued for a reasonable period of time, as determined by the department, to allow the administrative unit, state-operated program, or approved facility school an opportunity to comply with such rules.

(2) (a) In order to assist the state board in the performance of its responsibilities for the implementation of this part 1, the state board shall appoint a state special education advisory committee of an appropriate size. The members of the advisory committee must be representative of the state population and composed of persons involved in or concerned with the education of children with disabilities, including parents of children with disabilities ages birth through twenty-six years; individuals with disabilities; teachers; representatives of institutions of higher education that prepare special education and related services personnel; state and local education officials, including officials who carry out activities under section 22-33-103.5; administrators of programs for children with disabilities; representatives of other state agencies involved in the financing or delivery of related services to children with disabilities; representatives of private schools, district charter schools, and institute charter schools; at least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; a representative from child welfare services in the department of human services established pursuant to section 26-5-102; and representatives from the division of youth services in the department of human services and from the department of corrections. A majority of the members of the advisory committee must be individuals with disabilities or parents of children with disabilities. Members are appointed for terms as determined by the by-laws of the advisory committee. Any additions to the composition of the advisory committee must be made pursuant to the procedures of the state board.

(b) (Deleted by amendment, L. 91, p. 694, 6, effective April 20, 1991.)

(3) Repealed.

(4) To comply with this section, the department shall maintain a special education data and information system on children, personnel, costs, and revenues, and such data and information shall be used to ensure that state moneys provided to administrative units under the provisions of section 22-20-106 and other applicable revenues are being spent only on special education expenditures.

(5) and (6) Repealed.

(7) (a) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, 4, effective August 10, 2011.)

(b) Repealed.

History

Source: L. 73: R&RE, p. 1260, 1. C.R.S. 1963: 123-22-4. L. 77: (2) amended and (5) and (6) added, pp. 1067, 1068, 12, 13, effective July 1. L. 79: (1) amended, p. 776, 4, effective July 1. L. 86: (2) amended, p. 412, 17, effective March 26. L. 88: (7) added, p. 809, 5, effective May 25. L. 90: (5) amended, p. 1045, 2, effective July 1. L. 91: (2) amended, p. 694, 6, effective April 20. L. 93: (1), (2)(a), (3), (5), and (6) amended, p. 1641, 31, effective July 1. L. 94: (2)(a) amended, p. 2689, 215, effective July 1; (3) and (4) amended and (5) and (6) repealed, p. 1142, 3, 4, 5, effective July 1. L. 95: (7)(a) amended, p. 1100, 23, effective May 31. L. 96: (7)(b) repealed, p. 1232, 62, effective August 7. L. 98: (2)(a) amended, p. 113, 1, effective March 23; (3) repealed, p. 1075, 2, effective June 1. L. 2004: (1) and (4) amended, p. 1625, 23, effective July 1. L. 2006: (1), (2)(a), and (4) amended, p. 320, 3, effective August 7. L. 2007: (1)(a) and (1)(b) amended, p. 1556, 3, effective May 31; (1)(a)(IX) and (1)(a)(X) amended and (1)(a)(XI) added, p. 1764, 5, effective July 1. L. 2008: (1)(a)(XI) amended, p. 1897, 72, effective August 5. L. 2011: (1), (2)(a), and (4) amended, (HB 11-1277), ch. 306, p. 1483, 12, effective August 10; (1)(a), (1)(b), (2)(a), and (7)(a) amended, (HB 11-1077), ch. 30, p. 75, 4, effective August 10. L. 2017: (2)(a) amended, (HB 17-1329), ch. 381, p. 1980, 48, effective June 6. L. 2021: IP(1)(a) and (1)(a)(III) amended, (SB 21-275), ch. 393, p. 2610, 2, effective July 1, 2022.

Annotations

Editor's note: (1) Amendments to subsection (1)(a) by House Bill 07-1244 and Senate Bill 07-255 were harmonized.

(2) Amendments to subsections (1) and (2)(a) by House Bill 11-1077 and House Bill 11-1277 were harmonized.

Annotations

Cross references: For the legislative declaration contained in the 1994 act amending subsection (2)(a), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1994 act amending subsections (3) and (4) and repealing subsections (5) and (6), see section 1 of chapter 198, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act repealing subsection (7)(b), see section 1 of chapter 237, Session Laws of Colorado 1996.

Annotations

 

ANNOTATION

Annotations

The board is authorized to exercise quasi-legislative and quasi-judicial powers. Although the state board of education is an administrative agency of the state, the statutes under which the board administers the special education program authorize the board to exercise quasi-legislative and quasi-judicial powers. Flemming v. Adams, 377 F.2d 975 (10th Cir. 1967), cert. denied, 389 U.S. 898, 88 S. Ct. 219, 19 L. Ed. 2d 216 (1967).

Such as prescribing rules and regulations. The act vests administration in the board and empowers it to prescribe rules and regulations for establishing special education programs in local school districts. Flemming v. Adams, 377 F.2d 975 (10th Cir. 1967), cert. denied, 389 U.S. 898, 88 S. Ct. 219, 19 L. Ed. 2d 216 (1967).