Section 22-20-106 - Special education programs - early intervening services - rules(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. 77, 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.)Amended by 2022 Ch. 242, § 4, eff. 8/10/2022.Amended by 2021 Ch. 83, § 13, eff. 7/1/2024.Amended by 2014 Ch. 71, § 2, eff. 3/27/2014.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. 77, p. 77, § 6, effective August 10; (2)(a)(I), (3), (5), (6), and (7) amended, (HB 11-1277), ch. 1484, p. 1484, § 13, effective August 10. L. 2014: (1)(a) amended, (HB 14 -1208), ch. 301, p. 301, § 2, effective March 27. L. 2021: (3)(c) amended, (HB 21 -1187), ch. 328, p. 328, § 13, effective 7/1/2024.(1) Subsection (9) was added in House Bill 90-1314. That subsection was superseded by the addition of subsection (9) in House Bill 90-1137.
(2) Amendments to this section by Senate Bill 06-118 and Senate Bill 06-137 were harmonized.
(3) Amendments to subsection (3)(a) by House Bill 11-1077 and House Bill 11-1277 were harmonized.
(4) Section 6 of House Bill 11-1077 incorrectly states that it amends subsection (3)(c) when the actual provision it amends is subsection (3.5)(c) and it fails to include the subsection (3.5) designation before the amended paragraph (c).
2022 Ch. 242, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 1994 act amending subsections (3) and (6), see section 1 of chapter 198, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act enacting subsection (3.5), see section 1 of chapter 177, Session Laws of Colorado 2008.