(1)
On or before July 1, 2011, the state department of human services and the
department of education shall enter into a memorandum of understanding
concerning the enrollment of students in the public school system from a state-licensed day treatment facility, facility school, or hospital licensed or certified
pursuant to section 25-3-101. The memorandum of understanding must include, but
need not be limited to:
(a) A consistent and uniform approach to notification and appropriate and
allowable data-sharing about students, including but not limited to medical, mental
health, sociological, and scholastic achievement, within the limits of state and
federal privacy and confidentiality law, between school districts, charter schools,
institute charter schools, and county departments of human or social services for
the purposes of collaboration in the placement of students pursuant to this section
and section 22-20-108, better facilitation of the creation of transition plans for
students, and ensuring the safety of the people in the school community;
(b) A plan for utilizing existing state and federal data and any existing
information-sharing activities;
(c) A plan for determining accountability and collecting data concerning the
implementation of the notifications and invitation required pursuant to this section
and a mechanism by which school districts and the state charter school institute
shall report the aggregate data to the department of human services and
department of education on or before February 15, 2012, and on or before February
15 each year thereafter. The data to report shall include, but need not be limited to:
(I) The number of placements occurring in a school year;
(II) The number of emergency placements occurring in a school year;
(III) The types of placements from which the students are transitioning;
(IV) The educational setting into which the student is being placed; and
(V) Demographic information of students, including but not limited to age,
race, gender, and ethnicity;
(d) A process for determining information sharing and collaboration for
placement of students pursuant to sections 22-20-108 and 26-1-138, C.R.S.;
(e) Recommendations for an approach to sharing data that conforms with the
interdepartmental data protocol established pursuant to section 24-37.5-704,
C.R.S., and that is in compliance with all state and federal laws, rules, and
regulations concerning the privacy of information;
(f) Identification of training and professional development needs associated
with implementing information sharing between responsible entities and funding
sources that could be utilized for this purpose; and
(g) Consideration of recommendations made by existing working groups or
projects that have been involved with information sharing or technology relating to
information sharing among multiple entities as it relates to students transitioning
back into public schools. A report of these recommendations shall be provided to
the department of human services, the state board of human services, the
department of education, and the state board of education prior to the final
adoption of the memorandum of understanding.
(2) Beginning August 15, 2010, a state-licensed day treatment facility,
facility school, or hospital licensed or certified pursuant to section 25-3-101 that is
transferring a student to a public school shall notify the appropriate school district
child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of
the pending enrollment in a public school of a student who:
(a) Is transferring to a public school from a state-licensed day treatment
facility licensed by the department of human services pursuant to section 26-6-905, facility school as defined in section 22-2-402 (1), or hospital, licensed or
certified pursuant to section 25-3-101; and
(b) Has been determined by the state-licensed day treatment facility, the
facility school, the hospital licensed or certified pursuant to section 25-3-101,
C.R.S., or the court to be a risk to himself or herself or the community within the
twelve months prior to the proposed transfer.
(3) This section only applies to a hospital licensed or certified pursuant to
section 25-3-301 that is providing inpatient acute care or psychiatric services for a
student for more than ten days and if there is actual knowledge that the student
will attend an identified public school within sixty days after discharge from the
hospital. For purposes of this subsection (3), information shared with the state
department of human services, county department of human or social services, or
child education welfare liaison must be shared only for a student who has been
deemed to be a risk to himself or herself or the community within the twelve
months prior to discharge.
(4) The notification required in subsection (2) of this section must be made at
least ten calendar days prior to the student's transition from the state-licensed day
treatment facility, facility school, or hospital licensed or certified pursuant to
section 25-3-101, and subsequent enrollment in a public school and must include an
invitation to the child welfare education liaison, or his or her designee, to participate
in the development of a transition plan for the student. The information provided to
the child welfare education liaison must include, but need not be limited to, the
transitioning student's educational records from the transferring educational
facility and an outline of the student's transitional needs to be successful in the
public school setting, which information would assist the school district in meeting
the student's needs and ensuring a successful transition. If the transitioning
student is in the custody of the state department of human services or a county
department of human or social services, the state-licensed day treatment facility,
facility school, or hospital licensed or certified pursuant to section 25-3-101 shall
also provide the notification to the state department of human services.
(5) If a change of placement is required for the safety of the student or if a
court, the state department of human services, or a county department of human or
social services makes a placement change with fewer than ten calendar days
notice, the responsible state department of human services or county department
of human or social services shall provide information to the child welfare education
liaison, designated pursuant to section 22-32-138, of the receiving school district,
charter school, or institute charter school within five calendar days following the
student's placement. The information provided to the child welfare education
liaison must include, but need not be limited to, the transitioning student's
educational records from the transferring educational facility and an outline of the
student's transitional needs to be successful in the public school setting, which
information would assist the district in meeting the student's needs and ensuring a
successful transition.
(6) The responsible county department of human or social services and the
receiving school district, charter school, or institute charter school shall cooperate
to ensure that an appropriate placement including educational services is made
pursuant to this section and sections 19-1-115.5, 22-20-108, and 22-32-138, as
applicable.
(7) Within the confidentiality and privacy limits of state and federal law, the
responsible county department of human or social services or the school district,
charter school, institute charter school, or facility school shall provide information
about the student to assist the receiving entity in determining an appropriate
educational placement for the student.
(8) Nothing in this section alters the rights and obligations of the department
of education, the state department of human services, a county department of
human or social services, or a school district, as such rights and obligations are set
forth in this title 22; 20 U.S.C. sec. 1400 et seq.; 29 U.S.C. sec. 701 et seq.; 42 U.S.C.
sec. 11431 et seq.; and 42 U.S.C. sec. 675, as amended by the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008, Pub.L. 110-351.
(9) The state board of education may promulgate rules pursuant to the
State Administrative Procedure Act, article 4 of title 24, C.R.S., concerning the
implementation of this section, including but not limited to rules regarding
notification and sharing of information as described in subsection (1) of this section.