Colorado § 22-2-402 - Definitions.

§ 22-2-402. Definitions.

As used in this part 4, unless the context otherwise requires:

(1) "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 (2), has been placed on the list of facility schools that are approved to receive reimbursement for providing educational services to students placed in a facility.

(2) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.

(3) "Facility" means a day treatment center, residential child care facility or other facility licensed by the department of human services pursuant to section 26-6-905, a hospital licensed by the department of public health and environment pursuant to section 25-1.5-103, or a specialized day school authorized by the office.

(3.3) "Facility student", as used in section 22-2-407.5, means a student who is in an approved facility school, eligible facility school, or school district setting, and who is receiving or requires specialized services, and whose educational needs may be beyond the delivery capacity of the student's current educational setting.

(3.8) "Model" means the sustainable educational continuum designed to meet the educational needs of facility students in the target population as defined by the work group pursuant to section 22-2-407.5.

(3.9) "Office" means the office of facility schools created within the department pursuant to section 22-2-403.

(4) "Placed in a facility" means a student is in a facility due to:

(a) A court order or other action by a public entity in Colorado; or

(b) The student's determination, if the student is a homeless child as defined in section 22-1-102.5.

(4.5) "Public entity" means a public entity responsible for referring students to or placing students in out-of-home, day treatment, residential treatment, hospital, and specialized day school placements with providers.

(5) "School district" means a school district organized and existing pursuant to law but does not include a local college district.

(5.5) "Specialized day school" means a school that serves students who are referred to or placed by a public entity or placed in a specialized day school by a hospital, health-care provider, behavioral health provider, case management service, court, division of youth services, school district, county department of human or social services, or other state agency because the students' behavioral and educational needs are beyond the capacity of the students' current educational placement due to the severity of the students' needs or the requirement for highly specialized programming.

(6) "State board of education" or "state board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.

(7) "Student" means a child or youth who has attained three years of age on or before August 1 and who is under twenty-one years of age.

(7.5) "Student with exceptionally severe or specialized needs" means a student with exceptionally severe or specialized needs that a school district is unable to serve adequately within the school district's regular or specialized educational services.

(8) Repealed.

(9) "Work group" means the work group created and convened pursuant to section 22-2-407.5.

Source: L. 2008: Entire part added, p. 1376, § 1, effective May 27. L. 2021: (3.3), (3.8), and (9) added, (SB 21-274), ch. 341, p. 2224, § 2, effective June 25. L. 2022: (3) amended, (HB 22-1295), ch. 123, p. 838, § 47, effective July 1. L. 2023: (3) amended, (3.9), (4.5), (5.5), and (7.5) added, and (8) repealed, (SB 23-219), ch. 88, p. 316, § 2, effective April 20.

Cross references: For the legislative declaration in SB 21-274, see section 1 of chapter 341, Session Laws of Colorado 2021.