C.R.S. Section 22-1-141
Legal representation

  • due process complaints
  • appointments
  • report
  • definitions
  • repeal

(1)

As used in this section, unless the context otherwise requires:

(a)

“Administrative unit” has the same meaning set forth in section 22-20-103.

(b)

“Colorado nonprofit legal organization” or “nonprofit organization” means a Colorado nonprofit legal organization that focuses on special education law, provides affordable legal services, and operates pursuant to section 501 (c)(3) of the federal “Internal Revenue Code of 1986”, 26 U.S.C. sec. 501, as amended.

(c)

“Department” means the department of education created in section 24-1-115.

(d)

“Parent” means a parent, guardian, or legal custodian of, or entity with educational decision-making authority for, a student with a disability or a student who may be eligible for special education services.

(e)

“Procedural safeguard notice” means the required notice provided to parents containing an explanation of the available procedural safeguards pursuant to the federal “Individuals with Disabilities Education Act”, 20 U.S.C. sec. 1400 et seq., as amended, and federal department of education regulations.

(f)

“State-operated program” has the same meaning set forth in section 22-20-103.

(g)

“Student with disabilities” has the same meaning as “children with disabilities” set forth in section 22-20-103.

(2)

On or before August 1, 2023, the department shall enter into a service agreement with a nonprofit organization to create and maintain a list of attorneys qualified to represent a parent in a due process complaint filed by an administrative unit or state-operated program pursuant to section 22-20-108 (3) concerning issues disputed in a state complaint in which the parent prevailed. The service agreement is for five years. The nonprofit organization may consider an attorney to be qualified if the attorney demonstrates a history of practice in special education law. The nonprofit organization shall update the list on an annual basis.

(3)

A parent described in subsection (2) of this section may contact the nonprofit organization for an attorney appointment. The nonprofit organization shall appoint an attorney from the list of attorneys described in subsection (2) of this section to represent the parent in a due process complaint that an administrative unit or a state-operated program files pursuant to section 22-20-108 (3) concerning issues disputed in a state complaint in which the parent prevailed. The nonprofit organization shall rotate the attorneys on the list to distribute due process complaint cases evenly among the attorneys on the list.

(4)

Intentionally left blank —Ed.

(a)

The department shall annually provide the nonprofit organization twenty thousand dollars to pay attorneys appointed pursuant to subsection (3) of this section and to create, maintain, and administer the list of attorneys pursuant to subsection (2) of this section. The nonprofit organization may retain unspent money at the end of a budget year.

(b)

If there is any unspent money at the end of the five-year service agreement, the nonprofit organization shall return the unspent money to the department. The department shall transmit all money received from the nonprofit organization to the state treasurer, who shall credit the money to the general fund.

(5)

The department shall include information regarding the appointment of attorneys described in subsection (3) of this section in the procedural safeguard notice, in materials distributed to parents describing due process complaint procedures, and following a decision the department renders concerning a dispute pursuant to section 22-20-108 (3). The department shall prominently display the nonprofit organization’s website on the department’s website.

(6)

On or before September 1, 2024, and each September 1 thereafter through September 1, 2028, the nonprofit organization shall report to the department the following:

(a)

The number of attorneys appointed to parents in due process complaint procedures pursuant to section 22-20-108 (3);

(b)

The costs associated with each due process complaint case; and

(c)

The amount of unspent money the nonprofit organization retains at the end of the budget year.

(7)

This section is repealed, effective July 1, 2029.

Source: Section 22-1-141 — Legal representation - due process complaints - appointments - report - definitions - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑1‑101
Schools defined 22‑1‑102
Residence of child 22‑1‑102.5
Definition of homeless child 22‑1‑103
Policy of state to instruct in English - exceptions 22‑1‑104
Teaching of history, culture, and civil government 22‑1‑104.3
History, culture, social contributions, and civil government in education commission - established - membership - duties 22‑1‑104.5
Teaching of visual arts and performing arts - definitions 22‑1‑104.7
Teaching of Holocaust and genocide studies - definitions 22‑1‑106
Information as to honor and use of flag 22‑1‑107
Pupils to be instructed 22‑1‑108
Federal constitution to be taught 22‑1‑109
Taught at what stages 22‑1‑110
Effect of use of alcohol and controlled substances to be taught 22‑1‑112
School year - national holidays 22‑1‑114
Statements from private schools 22‑1‑115
School census - school age 22‑1‑116
School children - sight and hearing tests 22‑1‑117
Secret fraternities forbidden 22‑1‑118
School board to enforce 22‑1‑119
Students - dispensing of drugs to - liability 22‑1‑119.1
Policy for employee and agent possession and administration of opiate antagonists - definitions 22‑1‑119.2
Policy for employee and agent furnishing non-laboratory synthetic opiate detection tests - definition 22‑1‑119.3
Policy for student possession and administration of prescription medication - rules - definitions 22‑1‑119.5
Asthma, food allergy, and anaphylaxis health management - self-administered medication - staff-administered medication - rules - definitions 22‑1‑120
Rights of free expression for public school students 22‑1‑121
Nonpublic schools - employment of personnel - notification by department of education 22‑1‑122
Transportation token program - legislative declaration - eligibility - fund 22‑1‑123
Protection of student data - parental or legal guardian consent for surveys 22‑1‑124
Sex offender information 22‑1‑125.5
Requirement for certification of public school athletic coaches in cardiopulmonary resuscitation - use of automated external defibrillators - definitions 22‑1‑126
Safe2tell program 22‑1‑127
Incentives for school enrollment or attendance - prohibited - exceptions - definitions 22‑1‑128
Comprehensive human sexuality education - legislative declaration - definitions - guidelines and content standards 22‑1‑129
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - definitions - rules 22‑1‑129.5
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - guidelines and content standards - definition 22‑1‑130
Notice to parents of alleged criminal conduct by school employees - legislative declaration - definitions 22‑1‑131
Online instruction - student protections - short title - definitions 22‑1‑132
Seizure safe schools - action plan - training - rules - short title - definitions 22‑1‑133
Prohibition on use of American Indian mascots - exemptions - definitions 22‑1‑134
Hunter education course - gifts, grants, or donations - definitions 22‑1‑135
Terms and conditions in public school contracts - definitions 22‑1‑135.5
Nondisclosure agreements - protection of school district, board of cooperative services, and public school employees - definitions 22‑1‑136
Student identification cards - information required 22‑1‑138
Information collected and posted on department website 22‑1‑139
Accessible district profile reports - school climate reports and surveys - reporting - definition 22‑1‑140
Corporal punishment prohibited - definition 22‑1‑141
Legal representation - due process complaints - appointments - report - definitions - repeal 22‑1‑142
Tribal regalia at school graduation ceremonies - definitions 22‑1‑143
Harassment or discrimination - policy required - training and notification - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 22-1-141’s source at colorado​.gov