C.R.S. Section 22-2-139
Memorandum of understanding

  • notification of risk
  • rules

(1)

On or before July 1, 2011, the state department of human services and the department of education shall enter into a memorandum of understanding concerning the enrollment of students in the public school system from a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101. The memorandum of understanding must include, but need not be limited to:

(a)

A consistent and uniform approach to notification and appropriate and allowable data-sharing about students, including but not limited to medical, mental health, sociological, and scholastic achievement, within the limits of state and federal privacy and confidentiality law, between school districts, charter schools, institute charter schools, and county departments of human or social services for the purposes of collaboration in the placement of students pursuant to this section and section 22-20-108, better facilitation of the creation of transition plans for students, and ensuring the safety of the people in the school community;

(b)

A plan for utilizing existing state and federal data and any existing information-sharing activities;

(c)

A plan for determining accountability and collecting data concerning the implementation of the notifications and invitation required pursuant to this section and a mechanism by which school districts and the state charter school institute shall report the aggregate data to the department of human services and department of education on or before February 15, 2012, and on or before February 15 each year thereafter. The data to report shall include, but need not be limited to:

(I)

The number of placements occurring in a school year;

(II)

The number of emergency placements occurring in a school year;

(III)

The types of placements from which the students are transitioning;

(IV)

The educational setting into which the student is being placed; and

(V)

Demographic information of students, including but not limited to age, race, gender, and ethnicity;

(d)

A process for determining information sharing and collaboration for placement of students pursuant to sections 22-20-108 and 26-1-138, C.R.S.;

(e)

Recommendations for an approach to sharing data that conforms with the interdepartmental data protocol established pursuant to section 24-37.5-704, C.R.S., and that is in compliance with all state and federal laws, rules, and regulations concerning the privacy of information;

(f)

Identification of training and professional development needs associated with implementing information sharing between responsible entities and funding sources that could be utilized for this purpose; and

(g)

Consideration of recommendations made by existing working groups or projects that have been involved with information sharing or technology relating to information sharing among multiple entities as it relates to students transitioning back into public schools. A report of these recommendations shall be provided to the department of human services, the state board of human services, the department of education, and the state board of education prior to the final adoption of the memorandum of understanding.

(2)

Beginning August 15, 2010, a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 that is transferring a student to a public school shall notify the appropriate school district child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of the pending enrollment in a public school of a student who:

(a)

Is transferring to a public school from a state-licensed day treatment facility licensed by the department of human services pursuant to section 26-6-905, facility school as defined in section 22-2-402 (1), or hospital, licensed or certified pursuant to section 25-3-101; and

(b)

Has been determined by the state-licensed day treatment facility, the facility school, the hospital licensed or certified pursuant to section 25-3-101, C.R.S., or the court to be a risk to himself or herself or the community within the twelve months prior to the proposed transfer.

(3)

This section only applies to a hospital licensed or certified pursuant to section 25-3-301 that is providing inpatient acute care or psychiatric services for a student for more than ten days and if there is actual knowledge that the student will attend an identified public school within sixty days after discharge from the hospital. For purposes of this subsection (3), information shared with the state department of human services, county department of human or social services, or child education welfare liaison must be shared only for a student who has been deemed to be a risk to himself or herself or the community within the twelve months prior to discharge.

(4)

The notification required in subsection (2) of this section must be made at least ten calendar days prior to the student’s transition from the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101, and subsequent enrollment in a public school and must include an invitation to the child welfare education liaison, or his or her designee, to participate in the development of a transition plan for the student. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student’s educational records from the transferring educational facility and an outline of the student’s transitional needs to be successful in the public school setting, which information would assist the school district in meeting the student’s needs and ensuring a successful transition. If the transitioning student is in the custody of the state department of human services or a county department of human or social services, the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 shall also provide the notification to the state department of human services.

(5)

If a change of placement is required for the safety of the student or if a court, the state department of human services, or a county department of human or social services makes a placement change with fewer than ten calendar days notice, the responsible state or county department of human services or social services shall provide information to the child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of the receiving school district, charter school, or institute charter school within five calendar days following the student’s placement. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student’s educational records from the transferring educational facility and an outline of the student’s transitional needs to be successful in the public school setting, which information would assist the district in meeting the student’s needs and ensuring a successful transition.

(6)

The responsible county department of human or social services and the receiving school district, charter school, or institute charter school shall cooperate to ensure that an appropriate placement including educational services is made pursuant to this section and sections 19-1-115.5, 22-20-108, and 22-32-138, as applicable.

(7)

Within the confidentiality and privacy limits of state and federal law, the responsible county department of human or social services or the school district, charter school, institute charter school, or facility school shall provide information about the student to assist the receiving entity in determining an appropriate educational placement for the student.

(8)

Nothing in this section alters the rights and obligations of the department of education, the state department of human services, a county department of human or social services, or a school district, as such rights and obligations are set forth in this title 22; 20 U.S.C. sec. 1400 et seq.; 29 U.S.C. sec. 701 et seq.; 42 U.S.C. sec. 11431 et seq.; and 42 U.S.C. sec. 675, as amended by the federal “Fostering Connections to Success and Increasing Adoptions Act of 2008”, Pub.L. 110-351.

(9)

The state board of education may promulgate rules pursuant to the “State Administrative Procedure Act”, article 4 of title 24, C.R.S., concerning the implementation of this section, including but not limited to rules regarding notification and sharing of information as described in subsection (1) of this section.

Source: Section 22-2-139 — Memorandum of understanding - notification of risk - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑2‑101
Short title
22‑2‑102
Definitions
22‑2‑103
Department of education
22‑2‑104
Offices and positions - nature
22‑2‑105
State board of education - composition
22‑2‑105.5
State board of education - definitions - vacancies - procedure for filling
22‑2‑106
State board - duties - rules
22‑2‑106.5
State board - duties with regard to student data - memorandum of understanding
22‑2‑107
State board - power
22‑2‑108
Federal financial assistance
22‑2‑109
State board of education - additional duties - teacher standards - principal standards - rules
22‑2‑110
Commissioner of education - oath - qualifications - tenure
22‑2‑111
Commissioner of education - office - records - confidential nature
22‑2‑112
Commissioner - duties - report - legislative declaration
22‑2‑113
Commissioner - powers
22‑2‑113.8
Department of education - additional local revenues - distribution to schools - annual report
22‑2‑114.1
Dropout rates - collection of data on grades seven through twelve
22‑2‑116
Additional power - waiver of reporting requirements - review of reporting requirements
22‑2‑116.5
Department of education - student-level course completion data
22‑2‑117
Additional power - state board - waiver of requirements - rules
22‑2‑119
Department of education - inquiries concerning prospective employees - background investigation fee
22‑2‑119.3
Department of education - educator preparation program students - record check - fee - definitions
22‑2‑119.5
Department of education - duty to report - convictions
22‑2‑122
Grants to schools and school districts
22‑2‑122.5
COVID-19 learning impacts - extended learning opportunities - funding - combined application, reporting, and evaluation process - rules - legislative declaration - definitions - repeal
22‑2‑125
Loan program for capital improvements in growth school districts - use of public school fund
22‑2‑127
Financial literacy - resource bank - technical assistance - definitions - appropriation - repeal
22‑2‑127.1
Stipends for financial aid training - definitions - appropriation - repeal
22‑2‑127.3
Holocaust and genocide studies - resource bank - technical assistance - definitions
22‑2‑127.5
Computer science programs - resource bank
22‑2‑127.7
Marijuana education materials - resource bank - technical assistance
22‑2‑127.9
Mental health education literacy - resource bank - technical assistance
22‑2‑128
Department of education - reciprocal agreements with adjacent states - report
22‑2‑129
Department of education - approved supplemental education services providers - list
22‑2‑130
Supplemental online education grant program - legislative declaration - definitions - creation - eligibility - award - fund
22‑2‑132
Department of education - career and technical education authorization - rules
22‑2‑133
Assessment and identification of students with literacy challenges including dyslexia - training and technical assistance - collaboration with higher education - report
22‑2‑135
Food allergy and anaphylaxis management - rules
22‑2‑136
Additional duty - state board - individual career and academic plans - standards - rules
22‑2‑137
State schools - legislative declaration - feasibility study - authority to contract - funding
22‑2‑138
State environmental education plan - fund created
22‑2‑139
Memorandum of understanding - notification of risk - rules
22‑2‑141
Early literacy assessment tool - request for proposals - software - hardware - training - distribution - legislative declaration
22‑2‑144
Bullying prevention and education policies - short title - study
22‑2‑145
Media literacy - committee - report - strategic plan - resource bank - definition - rules
22‑2‑146
Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration
22‑2‑146.5
Department of education - improving mathematics outcomes - training and technical assistance - report - definitions
22‑2‑146.6
Colorado academic accelerator grant program - report - rules - definitions
22‑2‑147
Menstrual hygiene products accessibility grant program - eligibility - rules - report - definitions
22‑2‑148
Secondary school student substance use - committee - definitions - repeal
22‑2‑301
Short title
22‑2‑302
Legislative declaration
22‑2‑303
Definitions
22‑2‑304
Education data advisory committee - creation - duties - approval
22‑2‑305
Data dictionary - legislative declaration - creation - contents - report
22‑2‑306
Advance notice - legislative declaration - data collection - data submission changes - website update - submission windows
22‑2‑307
Data reporting requirements - interpretation of federal law - suspension
22‑2‑308
Data reporting requirements - office of legislative legal services
22‑2‑401
Legislative declaration
22‑2‑402
Definitions
22‑2‑403
Office of facility schools - created
22‑2‑404
Facility schools board - created - membership
22‑2‑405
Facility schools office - duties
22‑2‑406
Facility schools board duties - curriculum - graduation standards - report - rules
22‑2‑407
List of approved facility schools - application - criteria - rules
22‑2‑407.5
Facility schools - sustainable model of education for facility students - work group - created - membership - duties - reporting requirements - funding
22‑2‑408
Approved facility schools - funding
22‑2‑409
Notification of risk
22‑2‑410
Administration - licensing - reports
22‑2‑411
Shared operational services grant program - creation - report - rules - definitions - repeal
22‑2‑412
Technical assistance center - creation - definitions
22‑2‑501
Legislative declaration
22‑2‑502
Definitions
22‑2‑503
Teaching and learning conditions survey
22‑2‑504
National certification compensation - definition - study
22‑2‑505
Minority teacher recruitment - short title - legislative declaration - study - report
Green check means up to date. Up to date

Current through Fall 2024

§ 22-2-139’s source at colorado​.gov