(1)Beginning August 15, 2010, a state-licensed day treatment facility, facility school, or hospital licensed or certified
pursuant to section 25-3-101 shall notify the appropriate child welfare education
liaison, designated pursuant to section 22-32-138 (2)(a), 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 wit
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(1) Beginning August 15, 2010, a state-licensed day treatment facility, facility school, or hospital licensed or certified
pursuant to section 25-3-101 shall notify the appropriate child welfare education
liaison, designated pursuant to section 22-32-138 (2)(a), 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.
(2) This section applies only 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 (2), 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.
(3) The notification required in subsection (1) 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.
(4) 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.
(5) 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.
(6) 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.
(7) On or before July 1, 2011, the department of human services and the
department of education shall enter into a memorandum of understanding,
pursuant to section 22-2-139, concerning the enrollment of students in the public
school system who meet the requirements of subsection (1) of this section.