Military-Connected Children with Disabilities

The bill clarifies the process and timeline for an administrative unit or a state-operated program to provide special education services to a military-connected child with disabilities (child) who transfers from one administrative unit or state-operated program within Colorado to another, or transfers from an out-of-state school district or private school to an administrative unit or a state-operated program within Colorado, as a result of an inbound active duty military member's (member) order to permanently change military stations. For a child who transfers from an administrative unit or state-approved program to a private school within Colorado, or transfers from an out-of-state school district or private school to a private school within Colorado, the administrative unit with jurisdiction over the geographic boundary that the private school is located in shall review the child's evaluation information and existing individualized education program (IEP) or section 504 plan in consultation with the child's member, parent, legal guardian, or custodian. The administrative unit shall determine and provide equitable special education and related services, an IEP, or a section 504 plan to the child enrolled in the private school. For a child who transfers from an out-of-state school district or private school with an individualized family service plan, the administrative unit or the state-operated program shall follow the process to coordinate, in conjunction with the department of early childhood, the transition of the child from an early intervention program for infants and toddlers pursuant to part C of the federal "Individuals with Disabilities Education Act" (IDEA) to a program component to serve children with disabilities from 3 to 21 years of age pursuant to part B of the IDEA. The bill requires an administrative unit, a state-operated program, or an administrative unit with jurisdiction over the geographic boundary that a private school is located in to receive informed consent from the member, parent, legal guardian, or custodian of a child before:

• There are revisions to the child's category of disability;
• There are revisions to the child's IEP or section 504 plan;
• There are changes to the child's eligibility for special education and related services; or
• There is a partial or complete termination of special education and related services, except if the child graduates with a standard or advanced studies diploma.

In the event a dispute between an administrative unit or a state-operated program and a member, parent, legal guardian, or custodian of a child results in a due process hearing, the administrative unit or the state-operated program has the burden of proof. The bill clarifies that the child of an inbound active duty military member (member) who has an existing individualized education program (IEP) or existing section 504 plan is eligible for open enrollment and guaranteed matriculation. The bill requires the school district, district charter school, or an institute charter school (local education provider) where the child enrolls to ensure the student receives the appropriate services and accommodations, consistent with the child's existing IEP or section 504 plan, without unreasonable delay upon enrollment. The bill requires each local education provider to take reasonable steps to notify members and their families of their rights, including providing information on eligibility for special education services to prevent inadvertent exclusion and to ensure members and their families are fully informed of available supports.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)