Colorado § 22-54-109 - Attendance in district other than district of residence.

§ 22-54-109. Attendance in district other than district of residence.

(1) Districts paying tuition for pupils of residence in the district to attend public schools in other Colorado school districts and in school districts of adjoining states shall report and be entitled to support for such pupils; except that no district shall report any pupil who is from another district and whose tuition is paid by the pupil's district of residence.

(2) Any court of record, the department of human services, or any other agency authorized to place a child in a residential child care facility shall notify the school district of residence of such child, the district in which the child will receive educational services, and the department of education of such placement within fifteen days after the placement.

(3) (Deleted by amendment, L. 2008, p. 1197, § 8, effective May 22, 2008.)

(4) For a child with disabilities residing in a particular school district but receiving educational services from another school district, the state average per pupil revenues shall be the district of residence's total responsibility under this article for the education of that child. The provisions of this subsection (4) shall not apply to children with disabilities enrolled in an interdistrict participating school district pursuant to the provisions of article 36 of this title.

Source: L. 94: Entire article added with relocations, p. 796, § 2, effective April 27. L. 2008: (3) and (4) amended, p. 1197, § 8, effective May 22. L. 2010: (4) amended, (HB 10-1013), ch. 399, p. 1915, § 43, effective June 10. L. 2024: (2) amended, (HB 24-1222), ch. 155, p. 690, § 12, effective August 7.

Editor's note: This section is similar to former § 22-53-104 as it existed prior to 1994.

Cross references: For the legislative declaration contained in the 2008 act amending subsections (3) and (4), see section 1 of chapter 286, Session Laws of Colorado 2008.

ANNOTATION

Annotator's note. Since § 22-54-109 is similar to § 22-50-104 as it existed prior to the 1989 repeal of article 50, a case construing that provision has been included in the annotations to this section.

Notice requirement of this section makes it clear that governmental entities which might have a financial or other interest in learning of a child's placement are entitled to be notified of the fact and circumstances of such placement by the court or agency which finally places the child. People v. Adams County Sch. Dist. No. 50, 732 P.2d 1222 (Colo. App. 1986).

School district which had not received notice of placement of child in residential care facility as required by this section could not be held financially responsible for excess costs resulting from such placement. People v. Adams County Sch. Dist. No. 50, 732 P.2d 1222 (Colo. App. 1986).