Colorado § 22-29.5-111 - Evaluation - consent - procedure - reevaluation.

§ 22-29.5-111. Evaluation - consent - procedure - reevaluation.

(1) At least annually, a local education provider must take appropriate steps to identify and locate every qualified student with a disability who resides in the local education provider's jurisdiction and who is not receiving a public education and take appropriate steps to notify their parent of the local education provider's duty to identify and locate the student in accordance with this section.

(2) Prior to evaluating a student under this section, a local education provider shall notify the student's parent of the proposed evaluation and obtain consent from the parent to evaluate the student.

(3) If a student's parent consents to an evaluation pursuant to subsection (2) of this section, a local education provider shall conduct an evaluation of any student who is, or who is believed to be, a qualified student with a disability to determine if the student is a qualified student with a disability.

(4) A local education provider shall establish and comply with standards and procedures for evaluations that are consistent with the requirements of this section and shall ensure that:

(a) Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer;

(b) Tests and other evaluation materials include those criteria tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; and

(c) Tests are selected and administered to best ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or other factor that the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills, except where those skills are the factors that the test purports to measure.

(5) In interpreting evaluation data and in making placement decisions, a local education provider shall:

(a) Draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;

(b) Ensure that information obtained from all such sources is documented and carefully considered;

(c) Ensure that the eligibility determination and placement decision is made by a group of persons that are knowledgeable about the child, the meaning of the evaluation data, and the placement options; and

(d) Ensure that the placement decision is made in conformity with the least restrictive environment provisions in section 22-29.5-109.

(6) For students identified as eligible pursuant to this article 29.5, local education providers shall conduct reevaluations at least every three years. Consent from a parent is not required for a reevaluation.

(7) A local education provider may satisfy the evaluation requirements if:

(a) The local education provider complies with the procedural requirements specified in section 22-29.5-112; and

(b) A group of knowledgeable people, based on existing evaluation data, determine the student's eligibility and placement, including the services and accommodations the student needs, and the local education provider and parent agree.

Source: L. 2026: Entire article added, (SB 26-125), ch. 216, p. 1270, § 1, effective May 29.