Colorado § 22-20-102 - Legislative declaration.

§ 22-20-102. Legislative declaration.

(1) The general assembly, recognizing the obligation of the state of Colorado to provide educational opportunities to all children that will enable them to lead fulfilling and productive lives, declares that the purpose of this article is to provide means for identifying and educating those children who are exceptional. To this end, it is necessary to define specific responsibilities for identifying and serving children with disabilities that appropriately reflect the continuum of services that recognizes the capabilities of all state agencies, including special classes in public schools and the establishment of special schools, programs for children with disabilities who are confined to their homes or hospitals, and instruction in institutions of the state for children with disabilities. The final determination for the placement in a special education program of any eligible child with a disability shall be made by a child's individual family service program for a child from birth through two years of age and a child's individualized education program team for a child from three to twenty-one years of age as designated by the governing board of the responsible administrative unit or by the governing authority of a state-operated program.

(2) It is the intent of the general assembly, in keeping with accepted educational principles, that children from three to twenty-one years of age with disabilities shall be educated in the least restrictive environment to the maximum extent appropriate. To this end, the services of special education personnel shall be utilized within the general school programs to the maximum extent permitted by good educational practices, both in rendering services directly to children and in providing consultative services to general classroom teachers.

(3) It is further the intent of this part 1 to ensure that there is a coordination of all services available to children with disabilities and to promote interagency operating agreements or contracts between administrative units, other public agencies, nonprofit organizations, and approved facility schools for the provision of appropriate services for children with disabilities.

(4) It is further the intent of the general assembly that this part 1, and the rules promulgated pursuant to this part 1 by the state board, align closely with the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 300 and 34 CFR part 303 as it pertains to child find, in order to minimize the number of rules, regulations, and policies to which administrative units, state-operated programs, and approved facility schools are subject.

(5) Nothing in this part 1 shall be construed to affect the placement of children out of the home or alternatives to such placements as provided in section 19-1-116, C.R.S.

Source: L. 73: R&RE, p. 1258, § 1. C.R.S. 1963: § 123-22-2. L. 77: Entire section amended, p. 1067, § 10, effective July 1. L. 79: Entire section amended, p. 775, § 2, effective July 1. L. 81: Entire section amended, p. 1054, § 1, effective June 10. L. 87: Entire section amended, p. 818, § 27, effective October 1. L. 93: Entire section amended, p. 1639, § 28, effective July 1. L. 2006: Entire section amended, p. 316, § 1, effective August 7. L. 2007: Entire section amended, p. 1551, § 1, effective May 31. L. 2011: (1), (3), and (4) amended, (HB 11-1277), ch. 306, p. 1477, § 10, effective August 10; (3), (4), and (5) amended, (HB 11-1077), ch. 30, p. 74, § 1, effective August 10.

Editor's note: Amendments to subsections (3) and (4) by House Bill 11-1077 and House Bill 11-1277 were harmonized.

ANNOTATION

Enactment of this act placed the responsibility for providing and paying for special education for handicapped children on the school district of their residence thereby relieving the department of social services of any obligations it might have had prior to the effective date of the act. A.C.B. v. Denver Dept. of Soc. Servs., 725 P.2d 94 (Colo. App. 1986).