(1) (a) Every school district in the state is either an administrative unit in itself or in a
board of cooperative services that the department designates as an administrative
unit or is participating in a multi-district administrative unit. The department shall
not recognize or authorize a group of school districts as an administrative unit
unless the group of school districts qualifies as a multi-district administrative unit
or is a board of cooperative services.
(b) The state charter school institute is an administrative unit for the purpose
of delivering special education services to all institute charter schools, and to
district charter schools that enter into an agreement with the state charter school
institute pursuant to section 22-30.5-105.3, and shall meet the criteria established
by the state board governing the duties and responsibilities of the director of
special education. An administrative unit is also a school district, board of
cooperative services, charter school network, or charter school collaborative that
meets criteria established by the state board governing the duties and
responsibilities of the director of special education and is:
(I) A board of cooperative services that conducts special education programs
for all school districts that are members of the board of cooperative services;
(II) A school district that meets criteria established by the state board,
including geographic size and location, to achieve maximum efficiency in
administering programs of special education; or
(III) A charter school network or charter school collaborative that is
designated and approved as an administrative unit by the department, delivers
special education services to district charter schools or institute charter schools,
and meets criteria established by the state board that are substantially consistent
with the criteria applied to boards of cooperative services and school districts.
(c) Although the state board shall define the qualifications and the general
duties and responsibilities of directors of special education, such directors shall be
regarded for all purposes as employees of their local administrative units and
subject to the administrative direction of such units.
(2) (a) Each administrative unit, state-operated program, and approved
facility school shall submit a comprehensive plan to the department pursuant to the
rules promulgated by the state board indicating how the administrative unit, state-operated program, or approved facility school will provide for the education of all
children with disabilities. Each comprehensive plan shall include the type and
number of children with disabilities served, the services to be provided, and the
estimated resources necessary.
(b) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 77, � 6, effective
August 10, 2011.)
(3) (a) Each administrative unit, state-operated program, and approved
facility school shall make available special education services as specified by the
IEP for any child with a disability for whom it is responsible, as defined by the rules
adopted by the state board pursuant to this part 1. General education services are
the responsibility of the school district in which a foster home is located, and
special education services are the responsibility of the administrative unit in which
a foster care home is located. General education services are the responsibility of
the school district in which a group home is located, and special education services
are the responsibility of the administrative unit in which a group home is located.
The administrative unit in which the group home is located may seek tuition costs
consistent with section 22-20-109 (2.5).
(b) In providing special education services, an administrative unit, state-operated program, or approved facility school may pay for special education
expenditures as defined in section 22-20-103 (22.7).
(c) The district of residence shall pay the tuition costs for a child with a
disability in an approved facility school pursuant to sections 22-20-108 (8) and 22-20-109 (1). Special education services may be provided by a case management
agency or an entity, as those terms are defined in section 25.5-6-1702, in
cooperation with administrative units.
(3.5) (a) An administrative unit may provide early intervening services to a
student who is not identified as a child with a disability at the time the early
intervening services are provided. An administrative unit may provide early
intervening services to students in kindergarten through grade twelve, with an
emphasis on students in kindergarten through grade three.
(b) Early intervening services may include programs and activities, including
response to intervention, as determined by the state board and set forth in rules
promulgated by the state board pursuant to this subsection (3.5).
(c) An administrative unit may annually use no more than fifteen percent of
the funding amount that the administrative unit annually receives pursuant to this
part 1 for the provision of early intervening services.
(d) Each participating administrative unit shall collect information and report
to the department, on an annual basis, the uniquely identifying student numbers of
the students receiving early intervening services pursuant to this subsection (3.5).
(e) Nothing in this subsection (3.5) shall be construed to create a right for a
student to receive early intervening services nor act to improperly delay the
determination, pursuant to section 22-20-108, that a child has a disability and is
eligible for special education services.
(f) The state board by rule shall identify the programs and activities that
qualify as early intervening services and the allowable expenses related to those
programs and activities. The state board may also promulgate such other rules as
may be necessary to implement this subsection (3.5).
(4) To comply with this section, an administrative unit may contract with one
or more administrative units to establish and maintain special education programs
for the education of exceptional children, sharing the costs thereof in accordance
with the terms of the contract agreed upon; or an administrative unit having fewer
than six children who need a particular kind of special education program may
purchase services from one or more administrative units where an appropriate
special education program exists.
(5) Each administrative unit shall employ a director of special education.
Each state-operated program or approved facility school shall employ or contract in
writing for a director of special education. A director of special education shall
meet qualification standards promulgated by rule of the state board.
(6) Each administrative unit, state-operated program, and approved facility
school shall employ or contract in writing for a sufficient number of appropriately
licensed and endorsed special education teachers and staff to adequately carry out
those functions for which it is responsible, as defined by the rules promulgated by
the state board pursuant to this article, including but not limited to child
identification, IEP development, and professional development for school staff.
(7) Any administrative unit or state-operated program planning to utilize
federal funds from any source for the education of children with disabilities as
provided in this article shall obtain prior approval from the department for the use
of such funds. The use of such funds in the administrative unit or state-operated
program shall be for special education expenditures as defined in section 22-20-103 (22.7) and in accordance with rules as established by the state board, which are
not in conflict with federal law or regulations.
(8) Nothing in this section shall be construed to change the purpose and
function of the Colorado school for the deaf and the blind in Colorado Springs or to
change the requirements or standards for admission thereto.
(9) (Deleted by amendment, L. 2006, p. 323, � 6, effective August 7, 2006.)
(10) Repealed.
Source: L. 73: R&RE, p. 1260, � 1. C.R.S. 1963: � 123-22-6. L. 76: (3) amended,
p. 564, � 1, effective July 1. L. 77: (6) R&RE, p. 1038, � 1, effective May 14. L. 79: (6)
amended, p. 780, � 1, effective June 21; (2) to (4) amended, p. 777, � 1, effective July
1. L. 90: (9) and (10) added, p. 1088, � 58, effective May 31; (2) and (3) amended and
(9) and (10) added, p. 1045, � 3, effective July 1. L. 93: (2), (3), (6), (7), and (9)
amended, p. 1642, � 33, effective July 1. L. 94: (3) and (6) amended, p. 1143, � 7,
effective July 1. L. 98: (10) repealed, p. 1075, � 3, effective June 1. L. 2000: (6)
amended, p. 1854, � 50, effective August 2. L. 2004: (1), (2), and (3) amended, p.
1625, � 24, effective July 1. L. 2006: Entire section amended, p. 323, � 6, effective
August 7; (5) amended, p. 598, � 13, effective August 7. L. 2007: (3)(a) amended, p.
1764, � 4, effective July 1. L. 2008: (3.5) added, p. 624, � 2, effective July 1. L. 2011: (1)(b), (2)(b), (3)(a), (3.5)(c), and (4) amended, (HB 11-1077), ch. 30, p. 77, � 6, effective
August 10; (2)(a)(I), (3), (5), (6), and (7) amended, (HB 11-1277), ch. 306, p. 1484, � 13,
effective August 10. L. 2014: (1)(a) amended, (HB 14-1208), ch. 71, p. 301, � 2,
effective March 27. L. 2021: (3)(c) amended, (HB 21-1187), ch. 83, p. 328, � 13,
effective July 1, 2024. L. 2022: (1)(a) and (1)(b) amended, (HB 22-1294), ch. 242, p.
1788, � 4, effective August 10.