As used in this part 1, unless the context otherwise requires:
(2.5) "Applicable revenues" means those revenues, as defined by rules promulgated by the state board pursuant to this article, that support special education expenditures.
(2.7) "Approved facility school" means an educational program that is operated by a facility to provide educational services to students placed in the facility and that, pursuant to section 22-2-407, has been placed on the list of facility schools that are approved to receive reimbursement for providing those educational services to students placed in the facility. An educational program provided by an administrative unit at a facility is not an approved facility school but is an educational program of the administrative unit that does not require approval by the department.
(4) [ Editor's note: This version of subsection (4) is effective July 1, 2022. ] "Child find" means the program component of the IDEA that requires states to find, identify, locate, evaluate, and serve all children with disabilities, from birth to twenty-one years of age. Child find includes:
(a) Part C child find, administered by the department of human services, is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from birth through two years of age; and
(b) Part B child find, administered by the department, is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from three to twenty-one years of age.
(8.3) "Early intervening services" means programs and activities for students in kindergarten through grade twelve, with an emphasis on students in kindergarten through grade three, who at the time they receive early intervening services are not identified as children with disabilities, but who need additional academic and behavioral supports in order to succeed in a general education environment.
(8.7) "Educational placement" means the provision of special education services, including but not limited to those points along the continuum of alternative placements. "Educational placement" does not mean a specific place, such as a specific classroom or school.
(9.5) "Emergency public placement" means a public placement made necessary because of an imminent danger to a child or others.
(11) [ Editor's note: This version of subsection (11) is effective July 1, 2022. ] "Evaluation" means, for the purposes of part B child find, procedures used under IDEA for children with disabilities to determine whether a child has a disability and the nature and extent of special education and related services that the child will need.
(a) [ Editor's note: This version of subsection (12)(a) is effective July 1, 2022. ] A child defined in subsection (5) of this section as a child with a disability. An administrative unit shall serve every child with a disability from three to twenty-one years of age.
(12.3) "Facility" means a day treatment center, residential child care facility, or other facility licensed by the department of human services pursuant to section 26-6-104, C.R.S., or a hospital licensed by the department of public health and environment pursuant to section 25-1.5-103, C.R.S.
(12.7) "Foster home" has the same meaning as a "foster care home" as defined in section 26-6-102 (14) and must be licensed by the state department of human services or certified by a county department of human or social services or certified by a child placement agency as defined in section 26-6-102 (7).
(13.3) "Group home" means a congregate care facility licensed by the department of human services pursuant to section 26-6-104, C.R.S.
(13.5) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10, 2011.)
(16) [ Editor's note: This version of subsection (16) is effective July 1, 2022. ] "Individualized family service plan" or "IFSP" means a written statement developed by an entity representing the department of human services for a child from birth through two years of age with a disability, which statement is developed, reviewed, and revised in accordance with part C child find of IDEA and with rules promulgated by the department of human services.
(19.3) "Multi-district administrative unit" means a group of two or more school districts that did not form a board of cooperative services but were parties to an agreement existing on January 1, 2011, to provide educational services to exceptional children and to be responsible for the local administration of this article, which group of school districts the department recognized as of January 1, 2011, as an administrative unit.
(22.7) "Special education expenditures" means those expenditures that are incurred by an administrative unit, state-operated program, or approved facility school for professional services associated with special education referrals and evaluations of children who may have a disability and the provision of special education services as identified on an individual student's individualized education program. Special education expenditures do not include the costs of the general education program. Special education expenditures shall be supplemental to the general education program and shall be above what is provided by the administrative unit, state-operated program, or approved facility school for general education students and staff and may include:
(23) [ Editor's note: This version of subsection (23) is effective July 1, 2022. ] "Special education services" or "special education programs" means the services or programs provided to a child with a disability in conformity with the child's IEP.
Source: L. 73: R&RE, p. 1258, § 1. C.R.S. 1963: § 123-22-3. L. 77: (5.5) added, p. 1067, § 11, effective July 1. L. 79: (1), (3), (4), and (5) amended and (3.4) and (3.7) added, p. 775, § 3, effective July 1. L. 81: (5.5) amended, p. 1055, § 2, effective June 1. L. 88: (3) amended and (5) repealed, pp. 762, 763, §§ 1, 4, effective May 31. L. 90: (4) amended, p. 1088, § 57, effective May 31; (3.4) and (4) amended, p. 1044, § 1, effective July 1. L. 93: (1.5) added and (3), (3.4), (4), and (5.5) amended, p. 1640, § 30, effective July 1. L. 94: (5.7) added, p. 914, § 1, effective July 1. L. 96: (1.7) added, p. 40, § 2, effective March 18. L. 97: (5.5) amended, p. 422, § 1, effective July 1. L. 2004: (1) and (5.5) amended and (2.5) and (11) added, p. 1624, § 22, effective July 1. L. 2006: Entire section amended, p. 317, § 2, effective August 7. L. 2007: Entire section amended, p. 1552, § 2, effective May 31; (12) amended, p. 1763, § 2, effective July 1. L. 2008: (12)(b) and (13) amended and (13.5) added, p. 774, § 1, effective May 14; (9) amended, p. 1386, § 14, effective May 27; (8.3) and (8.5) added, p. 624, § 3, effective July 1. L. 2011: IP, (2), (12), (13), (13.5), (15), and (24) amended, (HB 11-1077), ch. 30, p. 75, § 3, effective August 10; (4), (5), (9), (10), IP(12), (12)(a), (14), (18), (20)(b), (21), and (28) amended and (2.5), (2.7), (8.7), (9.5), (12.3), (12.7), (13.3), (19.7), and (22.7) added, (HB 11-1277), ch. 306, p. 1478, § 11, effective August 10. L. 2012: (5)(a)(I)(K) and (5)(a)(I)(L) amended, (5)(a)(III) added, and (5)(a)(I)(M) repealed, (HB 12-1345), ch. 188, p. 719, § 6, effective May 19. L. 2014: (1) amended and (19.3) added, (HB 14-1208), ch. 71, p. 300, § 1, effective March 27; (12)(b) amended, (HB 14-1102), ch. 330, p. 1472, § 11, effective August 6. L. 2016: (12.7) amended, (SB 16-189), ch. 210, p. 762, § 36, effective June 6. L. 2017: (28)(c) amended, (HB 17-1329), ch. 381, p. 1979, § 47, effective June 6. L. 2018: (12.7) amended, (SB 18-092 ), ch. 38 , p. 438, § 89 , effective August 8; (25) amended, (SB 18-096), ch. 44, p. 472, § 9, effective August 8. L. 2021: (4), (11), (12)(a), (16), and (23) amended, (SB 21-275), ch. 393, p. 2609, § 1, effective July 1, 2022; (8.5)(b) added by revision, (SB 21-275), ch. 393, pp. 2609, 2618, §§ 1, 15.
Cross references: For the legislative declaration contained in the 2008 act enacting subsections (8.3) and (8.5), see section 1 of chapter 177, Session Laws of Colorado 2008. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.
Structure Colorado Code
Article 20 - Education of Exceptional Children
Part 1 - Education of Children With Disabilities
§ 22-20-102. Legislative Declaration
§ 22-20-103. Definitions - Repeal
§ 22-20-104. Administration - Advisory Committee - Rules
§ 22-20-106. Special Education Programs - Early Intervening Services - Rules
§ 22-20-107. Authority to Contract With Institutions of Higher Education or Case Management Agencies
§ 22-20-107.5. District of Residence of a Child With a Disability - Jurisdiction
§ 22-20-108. Determination of Disability - Enrollment
§ 22-20-112. Length of School Year
§ 22-20-114. Funding of Programs - Legislative Declaration - Repeal
§ 22-20-118.5. Child Find - Responsibilities - Interagency Operating Agreements
§ 22-20-119. Implementation of Change of Disability Categories for Children With Disabilities
§ 22-20-120. Parents Encouraging Parents Conference - Legislative Declaration