C.R.S. Section 22-20-107.5
District of residence of a child with a disability

  • jurisdiction

(1)

Notwithstanding the provisions of section 22-1-102 (2), for the purposes of this article 20, the district of residence of a child with a disability is the school district in which such child lives on a day-to-day basis, including a child placed in a foster home pursuant to section 19-1-115.5 (1); except that:

(a)

If a child with a disability is homeless, as defined by section 22-1-102.5, the provisions of section 22-1-102 (2)(h) shall apply;

(b)

The child shall be deemed to reside where the child’s parent resides if the child is living at one of the following:

(I)

A regional center that is operated by the department of human services;

(II)

A facility;

(III)

A group home;

(IV)

A mental health institute operated by the department of human services; or

(V)

The Colorado school for the deaf and the blind;

(c)

If a child lives in a regional center, a mental health institute, a facility, or a group home, and the district of residence cannot be determined due to the inability to locate a parent or due to the homelessness of a parent, the child shall be considered a resident of the school district in which the regional center, mental health institute, facility, or group home is located; or

(d)

If a child with a disability is a student in out-of-home placement, as defined in section 22-32-138, and is enrolled in a school of origin, as defined in section 22-32-138, other than an approved facility school, as defined in section 22-2-402, or a state-licensed day treatment facility, section 22-1-102 (2)(j) applies.

(2)

If there is a dispute as to which school district constitutes the district of residence, the commissioner of education shall have the authority to determine questions of residency and thus jurisdiction after reviewing necessary details involved in the determination of residency.

Source: Section 22-20-107.5 — District of residence of a child with a disability - jurisdiction, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑20‑101
Short title 22‑20‑102
Legislative declaration 22‑20‑103
Definitions 22‑20‑104
Administration - advisory committee - rules 22‑20‑106
Special education programs - early intervening services - rules 22‑20‑107
Authority to contract with institutions of higher education or case management agencies 22‑20‑107.5
District of residence of a child with a disability - jurisdiction 22‑20‑108
Determination of disability - enrollment 22‑20‑109
Tuition - rules 22‑20‑111
Equipment 22‑20‑112
Length of school year 22‑20‑114
Funding of programs - legislative declaration - repeal 22‑20‑114.5
Special education fiscal advisory committee - special education high-cost grants - definitions - repeal 22‑20‑114.7
High-cost special education trust fund - creation - grants - eligibility - legislative declaration - definition - annual report - repeal 22‑20‑116
Minimum standards for educational interpreters for the deaf in the public schools - committee to recommend standards - rules 22‑20‑118.5
Child find - responsibilities - interagency operating agreements 22‑20‑119
Implementation of change of disability categories for children with disabilities 22‑20‑120
Parents encouraging parents conference - legislative declaration 22‑20‑121
Medically necessary treatment in school setting - policy - report - definitions 22‑20‑201
Legislative declaration 22‑20‑202
Definitions 22‑20‑203
Administration - rules - state advisory committee 22‑20‑204
Gifted education - program plans - implementation - qualified personnel - local advisory committees 22‑20‑204.3
Identification of gifted children - advanced learning plans - creation - rules 22‑20‑204.5
Highly advanced gifted children - identification - rules - legislative declaration 22‑20‑205
Gifted education - funding - legislative declaration 22‑20‑206
Length of gifted education program
Green check means up to date. Up to date

Current through Fall 2024

§ 22-20-107.5’s source at colorado​.gov