Senate Bill 25-073, introduced in the Colorado General Assembly, aims to streamline the provision of special education services to military-connected children with disabilities transferring into or within Colorado. Key provisions include:
Transfer Process:
Clarifies procedures for providing special education services to children transferring from in-state or out-of-state schools due to a parent’s military reassignment.
Administrative units must review existing IEPs or 504 plans and provide equitable services for children in private schools.
Early Intervention Transition:
Ensures smooth transitions from early intervention programs for infants to services for children aged 3-21 under the IDEA.
Parental Consent:
Requires informed consent for changes to a child’s disability category, IEP, eligibility, or termination of services (except in cases of graduation).
Burden of Proof:
Places the burden of proof on the administrative unit in due process hearings related to disputes over special education services.
This bill seeks to provide clarity, consistency, and fairness in special education for military families in Colorado.
Summary
The bill clarifies the process and timeline for an administrative unit
or a state-operated program to provide special education services to a military-connected child with disabilities (child) who transfers from one administrative unit or state-operated program within Colorado to another, or transfers from an out-of-state school district or private school to an administrative unit or a state-operated program within Colorado, as a result of an inbound active duty military member's (member) order to permanently change military stations.
For a child who transfers from an administrative unit or
state-approved program to a private school within Colorado, or transfers from an out-of-state school district or private school to a private school within Colorado, the administrative unit with jurisdiction over the geographic boundary that the private school is located in shall review the child's evaluation information and existing individualized education program (IEP) or section 504 plan in consultation with the child's member, parent, legal guardian, or custodian. The administrative unit shall determine and provide equitable special education and related services, an IEP, or a section 504 plan to the child enrolled in the private school.
For a child who transfers from an out-of-state school district or
private school with an individualized family service plan, the administrative unit or the state-operated program shall follow the process to coordinate, in conjunction with the department of early childhood, the transition of the child from an early intervention program for infants and toddlers pursuant to part C of the federal Individuals with Disabilities Education Act (IDEA) to a program component to serve children with disabilities from 3 to 21 years of age pursuant to part B of the IDEA.
The bill requires an administrative unit, a state-operated program,
or an administrative unit with jurisdiction over the geographic boundary that a private school is located in to receive informed consent from the member, parent, legal guardian, or custodian of a child before:
•
There are revisions to the child's category of disability;
•
There are revisions to the child's IEP or section 504 plan;
•
There are changes to the child's eligibility for special education and related services; or
•
There is a partial or complete termination of special education and related services, except if the child graduates with a standard or advanced studies diploma.
In the event a dispute between an administrative unit or a
state-operated program and a member, parent, legal guardian, or custodian of a child results in a due process hearing, the administrative unit or the state-operated program has the burden of proof.
