Colorado § 22-29.5-108 - Free and appropriate public education.
Full text of Colorado Colorado Revised Statutes § 22-29.5-108 — Free and appropriate public education., with citation guidance and answers to common questions.
§ 22-29.5-108. Free and appropriate public education.
(1) (a) A local education provider shall provide a free and appropriate public education to each qualified student with a disability who is in the local education provider's jurisdiction, regardless of the nature or severity of the student's disability.
(b) Implementation of an IEP developed in accordance with the IDEA is one way of meeting the individual educational needs of a student with a disability as adequately as the needs of a student without a disability are met.
(2) A local education provider shall ensure that a qualified student with a disability within that local education provider's jurisdiction receives an appropriate education even if the student is placed or referred to a program, aid, benefit, or service other than one operated by the local education provider.
(3) A free education may consist of either the provision of free services or payment to a third party if the local education provider places a qualified student with a disability in a program other than one operated by the local education provider.
(4) If a local education provider places a qualified student with a disability or refers such student for aid, benefits, or services at a facility not operated or provided by the local education provider as a means of providing a free and appropriate public education, the referring local education provider shall ensure that the qualified student with a disability has adequate transportation to and from the facility where the aid, benefits, or services are provided. The transportation must be provided at no greater cost than would be incurred by the qualified student with a disability or their parent if the student received the aids, benefits, or services from the referring local education provider.
(5) If it is necessary for a qualified student with a disability to be placed in a public or private residential facility to provide the student with a free and appropriate public education, as determined by a section 504 team or IEP team, the placement, including nonmedical care and room and board, shall be provided at no cost to the student or their parents or guardians.
(6) If a local education provider has made available a free and appropriate public education to a qualified student with a disability pursuant to this section and the student's parents or guardians choose to place the student in a private school, the local education provider is not required to pay for the student's education in the private school.
Source: L. 2026: Entire article added, (SB 26-125), ch. 216, p. 1268, § 1, effective May 29.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 22-29.5-108
What does Colorado Revised Statutes § 22-29.5-108 cover?
Section 22-29.5-108 ("Free and appropriate public education.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 22-29.5-108?
A common citation format is "Colorado Revised Statutes § 22-29.5-108" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 22-29.5-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.