Colorado § 26-21-103 - Definitions.

§ 26-21-103. Definitions.

As used in this article 21, unless the context otherwise requires:

(1) Repealed.

(1.5) "Auxiliary services" means those aids and services that assist in effective communication with a person who is deaf, hard of hearing, or deafblind. "Auxiliary services" are also known as "communication access services" and may include but are not limited to:

(a) The services of a qualified interpreter as defined in section 13-90-202 (8);

(b) The provision of a qualified communication access realtime translation (CART) reporter;

(c) The provision of an assistive listening device; or

(d) The acquisition or modification of equipment or devices to assist in effective communication with a person who is deaf, hard of hearing, or deafblind.

(2) Repealed.

(2.3) "Board" means the board of directors of the enterprise appointed pursuant to section 26-21-103.5 (2).

(3) "Commission" means the Colorado commission for the deaf, hard of hearing, and deafblind advisory council created pursuant to section 26-21-104 (1).

(3.5) "Communication access realtime translation" or "CART" has the same meaning as "communication access realtime translation (CART) reporter", as set forth in section 13-90-202 (5).

(4) "Communications technology" means any communication device or application utilizing radio, television, cellular phone, computer and network hardware and software, satellite, cable, broadband systems, or similar medium and the services and applications associated with those mediums, including video and teleconference services.

(4.3) "Deafblind" means a person who has concomitant hearing and visual impairments, the combination of which causes such severe communication barriers and developmental and educational challenges that a child who is deafblind cannot be accommodated in special education programs designed solely for children who are deaf or children who are blind.

(4.4) "Division" means the division for the deaf, hard of hearing, and deafblind created in section 26-21-106 within the enterprise.

(4.5) "Enterprise" means the communication services for people with disabilities enterprise created in section 26-21-103.5.

(4.6) "Fund" means the Colorado division for the deaf, hard of hearing, and deafblind cash fund created in section 26-21-107.

(4.7) "Intervener" means a person who is at least eighteen years of age and:

(a) Is knowledgeable in a variety of techniques used to support a child who is deafblind to meaningfully participate in the child's community;

(b) Has completed or is enrolled in an intervener training or certification program that is recognized and accepted by the division;

(c) Has the ability to proficiently communicate in the functional language of the child to whom the intervener is assigned;

(d) Has at least one year of experience working with individuals with deafness, blindness, deafblindness, or intellectual and developmental disabilities; and

(e) Has at least six months of experience working with individuals who have deafblindness.

(4.8) "Intervener program manager" means a person who is knowledgeable about interveners, the deafblind community, and program management and:

(a) Has a minimum of one year of paid experience in community programs planning and providing direct services to children with deafness, blindness, deafblindness, or multiple disabilities, and has a master's degree in a health and human services-related field; or

(b) Has a minimum of two years of paid experience in community programs planning and providing direct services to individuals with deafness, blindness, deafblindness, or multiple disabilities, and has a bachelor's degree in a health and human services-related field.

(5) "Late deafened" means a person whose hearing loss began in late childhood, adolescence, or adulthood, after the person acquired oral language skills.

(6) "Latent deafblind" means a person who has an existing ear and eye condition that has not yet manifested.

(7) "Low vision" means an eye condition where visual acuity is 20/70 or poorer in the better eye and the condition cannot be corrected or improved with optical corrective devices.

(8) "Orientation and mobility specialist" means a professional who focuses on instructing individuals who are deafblind on how to effectively and independently travel through their environment.

(8.5) "Prepaid telephone disability access charge" or "charge" means the charge imposed by the enterprise pursuant to section 26-21-103.5 (1)(a)(III).

(9) "State court system" means the system of courts, or any part thereof, established pursuant to articles 1 to 9 of title 13 and article VI of the state constitution. "State court system" does not include the municipal courts or any part thereof.

(10) "Support service provider" means a person who provides visual and environmental information, acts as a sighted guide, or facilitates communication for deafblind individuals.

(11) "Telecommunications relay services" means any telecommunications services through a third party that allow an individual who is deaf, hard of hearing, or deafblind or who has a speech disability to communicate by any compatible telecommunications service with one or more individuals in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability.

(12) "Telephone disability access surcharge" or "surcharge" means the surcharge imposed by the enterprise pursuant to section 26-21-103.5 (1)(a)(II).

Source: L. 2000: Entire article added, p. 1625, § 1, effective June 1. L. 2009: Entire section amended, (SB 09-144), ch. 219, p. 985, § 2, effective August 5. L. 2011: (7) amended, (HB 11-1303), ch. 264, p. 1171, § 79, effective August 10. L. 2015: (3.3) and (3.6) added, (SB 15-178), ch. 151, p. 455, § 3, effective July 1. L. 2018: Entire section amended, (HB 18-1108), ch. 303, p. 1837, § 13, effective August 8. L. 2023: (4.3), (4.7), and (4.8) added, (HB 23-1067), ch. 186, p. 907, § 2, effective August 7. L. 2024: (1) amended, (1.5) added, and (2) repealed, (HB 24-1276), ch. 267, p. 1748, § 4, effective August 7. L. 2025: (1) repealed, (2.3), (3.5), (4.4), (4.5), (4.6), (8.5), (11), and (12) added, and (3), (4.7)(b), and IP(4.8) amended, (HB 25-1154), ch. 230, p. 1066, § 3, effective May 22.

Cross references: For the legislative declaration in HB 23-1067, see section 1 of chapter 186, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1276, see section 1 of chapter 267, Session Laws of Colorado 2024.