Colorado § 22-29.5-115 - Remedies.

§ 22-29.5-115. Remedies.

[Editor's note: This section takes effect upon notice to the revisor of statutes (see the editor's note following this section)]

(1) If the department finds a violation of this article 29.5, it may order:

(a) An audit of a local education provider;

(b) The establishment of corrective action plans to be followed by the local education provider;

(c) That compensatory services or other individual remedial measures be provided by the local education provider to the qualified student with a disability;

(d) Training of the local education provider's staff;

(e) The local education provider to adopt new or revised policies, procedures, rules, and forms;

(f) The local education provider to provide or reinstate services or benefits wrongfully denied; and

(g) Any other remedy necessary, as determined by the department, to remedy violations of this article 29.5 and prospectively ensure compliance.

(2) A local education provider may contractually delegate all compliance with this article 29.5 to another local education provider. Neither local education provider may impede compliance with the provisions of this article 29.5, and both local education providers must cooperate with any complaint investigation pursuant to this article 29.5.

(3) The department may monitor a local education provider's compliance with the department's order for up to one year after the finding of a violation by the department by requiring the local education provider to implement a corrective action plan that would remedy the violation.

(4) (a) The state board of education may withhold state funds from a local education provider if the state board of education determines that the local education provider has intentionally violated this article 29.5 and demonstrated an unwillingness to enter into a corrective action plan to address the violation. Prior to initiating the process to withhold funds, the state board must provide written notice to the local education provider of the violations of this article 29.5 and the corrective action required. The local education provider must be given sixty days to respond to the notice. A local education provider may appeal a state board decision to withhold state funds to the office of administrative courts. The state board has the burden of proof, by a preponderance of the evidence, to establish the basis of the decision being appealed.

(b) No later than December 31, 2026, the state board of education shall adopt rules that establish procedures for the withholding of funds pursuant to this article 29.5.

Source: L. 2026: Entire article added, (SB 26-125), ch. 216, p. 1276, § 1, effective May 29 (see editor's note).

Editor's note: Section 22-29.5-114.5 provides that this section is effective if the department receives sufficient funding or resources to support the execution of the provisions of this section and § 22-29.5-114, and the commissioner of the department shall notify the revisor of statutes in writing of the date on which the condition specified has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. This section takes effect upon the date identified in the notice, or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes. For more information, see SB 26-125 (L. 2026, p. 1276). As of publication date, the revisor of statutes has not received the notice referred to in § 22-29.5-114.5.