Section 22-20-107.5 - District of residence of a child with a disability - jurisdiction(1) Notwithstanding the provisions of section 22-1-102 (2), for the purposes of this article 20, the district of residence of a child with a disability is the school district in which such child lives on a day-to-day basis, including a child placed in a foster home pursuant to section 19-1-115.5 (1); except that:(a) If a child with a disability is homeless, as defined by section 22-1-102.5, the provisions of section 22-1-102 (2)(h) shall apply;(b) The child shall be deemed to reside where the child's parent resides if the child is living at one of the following: (I) A regional center that is operated by the department of human services;(IV) A mental health institute operated by the department of human services; or(V) The Colorado school for the deaf and the blind;(c) If a child lives in a regional center, a mental health institute, a facility, or a group home, and the district of residence cannot be determined due to the inability to locate a parent or due to the homelessness of a parent, the child shall be considered a resident of the school district in which the regional center, mental health institute, facility, or group home is located; or(d) If a child with a disability is a student in out-of-home placement, as defined in section 22-32-138, and is enrolled in a school of origin, as defined in section 22-32-138, other than an approved facility school, as defined in section 22-2-402, or a state-licensed day treatment facility, section 22-1-102 (2)(j) applies.(2) If there is a dispute as to which school district constitutes the district of residence, the commissioner of education shall have the authority to determine questions of residency and thus jurisdiction after reviewing necessary details involved in the determination of residency.Amended by 2023 Ch. 112,§ 2, eff. 4/25/2023.L. 81: Entire section added, p. 1055, § 3, effective June 10. L. 83: Entire section amended, p. 1159, § 14, effective April 26. L. 84: Entire section amended, p. 590, § 1, effective March 5. L. 90: Entire section amended, p. 1041, § 3, effective April 3. L. 91: Entire section amended, p. 1144, § 9, effective May 18. L. 93: Entire section amended, p. 1644, § 35, effective July 1. L. 94: Entire section amended, p. 650, § 1, effective April 14; entire section amended, p. 2616, § 25, effective July 1. L. 2006: Entire section amended, p. 325, § 7, effective August 7. L. 2011: (1) amended, (HB 11 -1277), ch. 306, p. 1486, § 15, effective August 10.Amendments to this section in Senate Bill 94-185 and House Bill 94-1029 were harmonized.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.