§ 22-20-102 — Legislative declaration

(1) The general assembly, recognizing
the obligation of the state of Colorado to provide educational opportunities to all
children that will enable them to lead fulfilling and productive lives, declares that
the purpose of this article is to provide means for identifying and educating those
children who are exceptional. To this end, it is necessary to define specific
responsibilities for identifying and serving children with disabilities that
appropriately reflect the continuum of services that recognizes the capabilities of
all state agencies, including special classes in public schools and the establishment
of special schools, programs for children with disabilities who are confined to their
homes or hospitals, and instruction in institutions of the state for children with
disabilities. The final determination for the placement in a special education
program of any eligible child with a disability shall be made by a child's individual
family service program for a child from birth through two years of age and a child's
individualized education program team for a child from three to twenty-one years of
age as designated by the governing board of the responsible administrative unit or
by the governing authority of a state-operated program.

(2) It is the intent of the general assembly, in keeping with accepted
educational principles, that children from three to twenty-one years of age with
disabilities shall be educated in the least restrictive environment to the maximum
extent appropriate. To this end, the services of special education personnel shall be
utilized within the general school programs to the maximum extent permitted by
good educational practices, both in rendering services directly to children and in
providing consultative services to general classroom teachers.

(3) It is further the intent of this part 1 to ensure that there is a coordination
of all services available to children with disabilities and to promote interagency
operating agreements or contracts between administrative units, other public
agencies, nonprofit organizations, and approved facility schools for the provision of
appropriate services for children with disabilities.

(4) It is further the intent of the general assembly that this part 1, and the
rules promulgated pursuant to this part 1 by the state board, align closely with the
federal Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., as
amended, and its implementing regulations, 34 CFR part 300 and 34 CFR part 303
as it pertains to child find, in order to minimize the number of rules, regulations, and
policies to which administrative units, state-operated programs, and approved
facility schools are subject.

(5) Nothing in this part 1 shall be construed to affect the placement of
children out of the home or alternatives to such placements as provided in section
19-1-116, C.R.S.

Legislative History

Source: L. 73: R&RE, p. 1258, � 1. C.R.S. 1963: � 123-22-2. L. 77: Entire section amended, p. 1067, � 10, effective July 1. L. 79: Entire section amended, p. 775, � 2, effective July 1. L. 81: Entire section amended, p. 1054, � 1, effective June 10. L. 87: Entire section amended, p. 818, � 27, effective October 1. L. 93: Entire section amended, p. 1639, � 28, effective July 1. L. 2006: Entire section amended, p. 316, � 1, effective August 7. L. 2007: Entire section amended, p. 1551, � 1, effective May 31. L. 2011: (1), (3), and (4) amended, (HB 11-1277), ch. 306, p. 1477, � 10, effective August 10; (3), (4), and (5) amended, (HB 11-1077), ch. 30, p. 74, � 1, effective August 10.