§ 22-20-104 — Administration - advisory committee - rules

(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.

Legislative 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.