Education of Handicapped Children (ch. 123, art. 22).

SEC. 123-22-1. Short title.-This article shall be known and may be cited as the "Handicapped Children's Educational Act".

SEC. 123-22-2. Legislative declaration.-The general assembly, recognizing the obligation of the state of Colorado to provide educational opportunities to all children which will enable them to lead fulfilling and productive lives, declares that the purpose of this article is to provide means of educating those children who are handicapped. It is the intent of the general assembly, in keeping with accepted educational principles, that handicapped children shall be educated in regular classrooms, insofar as practicable, and should be assigned to special education classrooms only when the nature of the child's handicap makes the inclusion of the child in a regular classroom impractical. To this end, the services of special education personnel shall be utilized within the regular school programs to the maximum extent permitted by good educational practices, both in rendering services directly to children and in providing consultative services to regular classroom teachers.

SEC. 123-22-3. Definitions.—(1) As used in this article, unless the context otherwise requires:

(2) "Administrative unit" means a school district or a board of cooperative services that is providing educational services to handicapped children and that is responsible for the local administration of this article.

(3) "Department" means the department of education.

(4) "Equipment" means that equipment used especially for the education of handicapped children which is approved by the state board. The state board shall publish a list of the types of approved equipment.

(5) "Handicapped children” means those persons between the ages of five and twenty-one who by reason of one or more of the following conditions are unable to receive reasonable benefit from ordinary education: Long-term physical impairment or illness; significant limited intellectual capacity; significant identifiable emotional or behavior disorder or identifiable perceptual or communicative disorders; or speech disorders. "Handicapped children" also means those persons between the ages of five and twenty-one whose presence in the ordinary educational program is detrimental to the education of others and must therefore receive modified or supplementary assistance and services in order to function and learn. A school district may make special educational programs and services available to persons under age five who would otherwise qualify as handicapped children under this subsection (5), and such persons enrolled in special educational programs or receiving special educational services shall be deemed to be "handicapped children" for all purposes of this article. The state board shall develop guidelines for the identification of handicapped children who may become eligible for special educational services under provisions of this article. (6) "Instructional materials" means those materials used especially for the education of handicapped children. Consumable materials and regular textbooks shall not be considered reimbursable items if such materials and textbooks are not to be used especially for the education of handicapped children.

(7) "optometrist" means a doctor of optometry duly licensed to practice optometry.

(8) "Physician" means a doctor of medicine or osteopathy duly licensed to practice medicine.

(9) (a) "Psychologist" means any person who meets any one of the following requirements:

(b) He is properly certificated as a school psychologist by the state board. (c) He is properly certified as a psychologist by the Colorado state board of psychologist examiners.

(d) He has a minimum of two years of graduate training in psychology, is supervised by a psychologist as defined in paragraphs (b) or (c) of this subsection (9), and is employed as a psychologist by an institution of higher education, hospital, or mental health clinic or agency that is supported at least in part by government funds.

(10) "School district" means a school district organized and existing pursuant to law, but shall not include a junior college district.

(11) "State board" means the state board of education.

SEC. 123-22-5. Depository and retrieval network for visually and hearing handicapped children.-The department will maintain a production, inventory, and depository system for those textbooks, equipment, and instructional and resource materials used in the education of visually and hearing handicapped children or in the inservice training of professional personnel. The services of said system shall be available to those administrative units which find it more economical to employ materials from a central depository than to maintain their own.

SEC. 123-22-6. Special educational programs.—(1) By September 1, 1973, every school district in the state shall be either an administrative unit in itself or in a board of cooperative services which shall be designated as an administrative unit. An administrative unit shall be a school district or board of cooperative services which meets criteria established by the state board governing the duties and responsibilities of the director of special education and is either a board of cooperative services which conducts special educational programs for all school districts which are members of the board of cooperative services or is a school district which meets criteria of geographic size, location, and number of pupils established by the state board to achieve maximum efficiency in administering programs of special education. Although the state board shall define the qualifications and the general duties and responsibilities of directors of special education, such directors shall be regarded for all purposes as employees of their local administrative units and subject to the administrative direction of such units.

(2) Each administrative unit shall submit a plan to the department no later than January 1, 1974, indicating how the school district will provide for education of all handicapped children between the ages of five and twenty-one no later than July 1, 1975. Each unit plan shall include the type and number of handicapped children in the unit based upon the department's criteria of incidence, the services to be provided, and the estimated resources necessary. If any administrative unit fails to submit an acceptable plan by January 1, 1974, the state board shall provide a comprehensive plan by July 1, 1974, for the education of handicapped children within the administrative unit. (3) Administrative units may until July 1, 1975, and shall thereafter make available special educational services for the education of any handicapped child between the ages of five and twenty-one under jurisdiction of the administrative unit.

(4) To comply with this section, an administrative unit may contract with one or more administrative units to establish and maintain special educational programs for the education of handicapped children, sharing the costs thereof in accordance with the terms of the contract agreed upon; or an administrative unit having fewer than six children who need a particular kind of special educational program may purchase services from one or more administrative units where an appropriate special educational program exists.

(5) By September 1, 1973, and thereafter, each administrative unit shall employ a director of special education. From and after July 1, 1975, no director of special education shall be employed who does not meet qualification standards as set by the state board.

(6) By July 1, 1975, and thereafter, each administrative unit shall employ a sufficient number of school psychologists and school social workers or contract for services to adequately carry out those functions that provide for teacher referral of children who may be handicapped, case finding and assessment, staffing of the special committee as provided for in section 123-22-8 (1) and (4), teacher and parent counseling and consultation, and in-service education for school staff and volunteers. In submitting that portion of the plan to comply with this subsection (6), the administrative unit may

indicate how it intends to utilize the services of existing mental health clinics or centers in carrying out the functions named above in cooperation and coordination with the school psychologists and school social workers. (7) Any administrative unit planning to utilize federal funds from any source for the education of handicapped children as provided in this article shall obtain prior approval from the department for the use of such funds. The use of such funds in the administrative unit shall be in accordance with rules and regulations as established by the department, which are not in conflict with federal law or regulations.

(8) Nothing in this section shall be construed to change the purpose and function of the school for the deaf and blind in Colorado Springs, or to change the requirements or standards for admission thereto.

SEC. 123-22-8. Determination of handicap-enrollment.-(1) The determination that a child is handicapped and the recommendation for placement of that child in a special educational program shall be made by a committee of professionally qualified personnel designated by the board of education of the school district or by the governing board of the board of cooperative services if the administrative unit encompasses more than a single school district. The composition of the committee shall be prescribed by the state board and may be composed of but not limited to the following: A psychologist, a social worker, a physician, a school administrator, and a teacher of the handicapped. The committee shall give parents of an allegedly handicapped child an opportunity to consult with the committee or representative thereof prior to determination that their child is handicapped.

(2) Before any child is given an individually administered battery of psychological tests for placement in a special educational program, the child's parent or guardian must give consent in writing.

(3) In case of appeal, the final approval of the enrollment of any eligible handicapped child in a special educational program shall be made by the board of education of the school district of the child's residence.

(4) The committee, named in subsection (1) of this section, shall review the placement of each child who is enrolled in a special educational program at least once every year.

(5) In formulating recommendations for placement of a handicapped child, the committee shall work cooperatively with the department of institutions, when applicable, and shall be guided by the legislative declaration contained in section 123-22-2.

SEC. 123-22-9. Tuition.-If an administrative unit cannot provide an educational program for a handicapped child because of the uniqueness of the handicap, the administrative unit may contract with another administrative unit to provide the needed program, upon approval by the department. In such an instance the administrative unit of the child's residence shall reimburse the administrative unit of the child's attendance in an amount equal to the cost of educating that child after applicable revenues from federal funds, state equalization funds, and reimbursements under the provisions of this article have been deducted. Reimbursement by the department under this section shall not be subject to proration under the provisions of section 123-22-14(3). SEC. 123-22-12. Length of school year.-Administrative units may conduct special educational programs as prescribed in this article for any length of time, except that the administrative unit must meet the minimum length of time as established by law for school districts.

Curriculum

General Provisions (ch. 123, art. 21).

SEC. 123-21-8. Federal constitution to be taught. In all public and private schools located within the state of Colorado, there shall be given regular courses of instruction in the constitution of the United States.

SEC. 123-21-9. Taught at what stages. Such instruction in the constitution of the United States shall begin not later than the opening of the junior high schools or seventh grade and shall continue in the high school course and in courses in state colleges, universities and the educational departments of state

and municipal institutions to an extent to be determined by the state commissioner of education.

Pupil Transportation

School District Boards-Powers and Duties (ch. 123, art. 30).

SEC. 123-30-14. Transportation of pupils-when.-(1)(a) The board of education of a school district may furnish transportation:

(b) To and from public schools of the district for any reasonable classification of resident pupils enrolled in the schools of the district * * *

Records and Reports

General Provisions (ch. 123, art. 21).

SEC. 123-21-14. Statements from private schools.-Whenever requested by the board of education of the school district wherein the same is located, but not oftener than once per month, the person, or corporation in charge and control of any school other than a public school, shall certify in writing, and if so requested, upon forms or blanks furnished by the said school district for that purpose, a statement containing the name, age, place of residence, and number of days of attendance at school during the preceding month or since the preceding report of all children of school age who then are, or since the preceding report have been attending any such school.

Health and Safety

Health (ch. 66, art. 40). (School Entry Immunization.).

SEC. 66-40-1. Definition.-As used in this article, unless the context otherwise requires, "school" means public, private, or parochial nursery school, day care center, child care facility, head start program, or elementary school.

SEC. 66-40-2. Immunization prior to entering school.-Except as provided in sections 66-40-3 and 66-40-7, no child shall be admitted to any school for the first time in the state of Colorado unless such child can present to the appropriate official of the school or facility certification from a licensed physician or authorized representative of the department of health or local health department stating that such child has received immunizations against communicable diseases as specified by the department of health or a written authorization signed by one parent or guardian requesting that local health officials administer the immunizations.

SEC. 66-40-7. Certification and certification forms.—(1) The department of health shall provide the forms for certification to the schools, facilities, private physicians, and local health departments. Any immunization record signed by a licensed physician may be accepted by the school official as certification if the information is transferred to the official certification form and verified by the school official.

(2) On or before November 15 of each year, a school official shall deliver the certifications to the department of health. School authorities shall not deny the right of a child to enter school, but are required to provide the department of health with a list of enrollees not complying with the law by November 15. (3) Certification of immunization will not be required until July 1, 1974.

Eye Protective Devices (ch. 66. art. 36).

SEC. 123-36-1. Duties regarding eye protective devices.—(1) It shall be the duty of the governing board of every school district, university, college, or other institution of higher learning, and of every person, firm, or organization maintaining any private school, university, college, or other institution of

higher learning, in this state, to provide eye protective devices for the use of all students, teachers, and visitors when participating in the courses and activities enumerated in section 123-36-2.

(2) It shall be the duty of the persons charged with the supervision of any such course or activity to require such eye protective devices to be worn by students, teachers, and visitors under the circumstances prescribed in section 123-36-2.

SEC. 123-36-2. Courses in which devices to be used-substances and activities dangerous to eyes.-(1) Eye protective devices shall be worn in courses including, but not limited to, vocational or industrial art shops or laboratories, and chemistry, physics, or combined chemistry-physics laboratories, at any time at which the individual is engaged in, or observing, an activity or the зe of hazardous substances likely to cause injury to the eyes. (2) Hazardous substances likely to cause physical injury to the eyes include materials which are flammable, toxic, or corrosive to living tissues, irritating, strongly sensitizing, radioactive, or which generate pressure through heat, decomposition, or other means.

(3)(a) Activity or the use of hazardous substances includes, but is not limited to, the following:

(b) Working with hot molten metal;

(c) Milling, sawing, turning, shaping, cutting, grinding, and stamping of any solid materials;

(d) Heat treating, tempering, or kiln firing of any metal or other materials; (e) Gas or electric arc welding;

(f) Working with hot liquids, solids, or chemicals which are flammable, toxic, corrosive to living tissues, irritating, sensitizing, radioactive, or which generate pressure through heat, decomposition, or other means.

SEC. 123-36-3. Standards for devices. -For the purposes of this article, the eye protective devices utilized shall be industrial quality eye protective devices which meet the standards of the U.S.A. standard practice for occupational and educational eye and face protection, Z87.1-1968, and subsequent revisions thereof, approved by the United States of America standards institute, inc.

Federal Aid

State Department of Education (ch. 123, art. 1).

SEC. 123-1-8. Federal financial assistance.-(1) The state board of education is hereby authorized to accept, use, and administer all moneys and properties heretofore and hereafter granted or made available to the state or any agency thereof for an educational purpose, except those moneys, and properties granted or made available for such purpose to another such agency specifically designated.

Miscellaneous

General Provisions (ch. 123, art. 21).

SEC. 123-21-6. Information as to honor and use of flag. The commissioner of education for the state of Colorado shall provide the necessary instruction and information so that all teachers in the grade and high schools in the state of Colorado may teach the pupils therein the proper respect of the flag of the United States, to honor and properly salute the flag when passing in parade and to properly use the flag in decorating and displaying.

SEC. 123-21-7. Pupils to be instructed.-Upon such information and instruction being furnished, it shall thereupon be the duty of each teacher in such schools to see that the pupils therein receive such instruction and information.

Taxation I. General Property Tax, Exemptions (ch. 137, art. 2).

SEC. 137-2-1. Exempt property.-(1) The following shall be exempt from general taxation under the provisions of this chapter:

(7) Property, real and personal, owned and used solely and exclusively for schools, other than schools held or conducted for private or corporate profit. As used in this chapter, the term “school” means an educational institution having a curriculum comparable to that of a publicly supported elementary or secondary school, or college, or any combination thereof, and requiring daily attendance.

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Declaration of Rights (art. first).

SEC. 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in the state; provided, that the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state.

Of Religion (art. seventh).

SEC. 1. It being the right of all men to worship the Supreme Being, the Great Creator and Preserver of the Universe, and to render that worship in a mode consistent with the dictates of their consciences, no person shall by law be compelled to join or support, nor be classed or associated with, any congregation, church or religious association. No preference shall be given by law to any religious society or denomination in the state. Each shall have and enjoy the same and equal powers, rights and priveleges, and may support and maintain the ministers or teachers of its society or denomination, and may build and repair houses for public worship.

Of Education (art. eighth).

SEC. 4. The fund, called the School Fund, shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public schools throughout the state, and for the equal benefit of all the people thereof. The value and amount of said fund shall be ascertained in such manner as the general assembly may prescirbe, published, and recorded in the comptroller's office; and no law shall ever be made, authorizing such fund to be diverted to any other use than the encouragement and support of public schools, among the several school societies, as justice and equity shall require.

Miscellaneous

General Provisions (art. eleventh).

SEC. 5. The rights and duties of all corporations shall remain as if this constitution had not been adopted; with the exception of such regulations and restrictions as are contained in this constitution.***

STATUTORY PROVISIONS

Education (title 10).

Approval/Supervision/Support

Educational Opportunities (ch. 164). (Part II. High Schools)

SEC. 10.34. Approval by state board of incorporated or endowed high school or academy.—The state board of education may examine any incorporated or endowed high school or academy in this state and, if it appears that such school or academy meets the requirements of the state board of education for the approval of public high schools, said board may approve such school or academy under the provisions of this part, and any town in which a high school is not maintained shall pay the whole of the tuition fees of pupils attending such school or academy, except if it is a school under ecclesiastical control. [1949 Rev., S. 1372.]

Special Act No. 74-99 (Substitute Senate Bill No. 285)

An Act Concerning Nonpublic School Programs for Disadvantaged Pupils.— The sum of one hundred thousand dollars is appropriated to the department of education to carry out the provisions of section 10-2661 of the general statutes, which appropriation shall be from the sum appropriated to the finance advisory committee under section 1 of substitute house bill 5709 of the current session, for the reserve for legislation affecting agency budgets, and shall be administered by said department. [effective October 1, 1974.]

Compulsory Education

School Attendance and Employment of Children (ch. 168).

SEC. 10-184. Duties of parents.-All parents and those who have the care of children shall bring them up in some lawful and honest employment and instruct them or cause them to be instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and in citizenship, including a study of the town, state and federal governments. Each parent or other person having control of a child over seven and under sixteen years of age shall cause such child to attend a public day school regularly during the hours and terms the public school in the district wherein such child resides is in session, or while the school is in session in which provision for the instruction of such child is made according to law, unless the parent or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools. Children over fourteen years of age shall not be subject to the requirements of this section while lawfully employed at labor at home or elsewhere; but this provision shall not permit such children to be irregular in attendance at school while they are enrolled as pupils nor exempt any child who is enrolled as a member of a school from any rule concerning irregularity of attendance enacted by the board of education having control of the school. [1949 Rev., S. 1445; 1959, P.A. 198, S. 1.]

Special Education

Educational Opportunities (Part V. Special Schools and Classes) (ch. 164).

SEC. 10-76a. Definitions.—Whenever used in sections 10-76a to 10-76g, inclusive, and 10-94a:

(a) "Secretary" means the secretary of the state board of education. (b) "Child" means any person under twenty-one years of age.

(c) An "exceptional child" means a child who deviates either intellectually, physically, socially, or emotionally so markedly from normally expected growth and development patterns that he is or will be unable to progress effectively in a regular school program and needs a special class, special instruction or special services.

(d) "Special education" means special classes, programs or services designed to meet the educational needs of exceptional children in accordance with the regulations of the secretary, subject to approval by the state board of education.

(e) "Children requiring special education" includes any exceptional child who (1) is mentally retarded, physically handicapped, socially and emotionally maladjusted, neurologically impaired, or suffering an identifiable learning disability which impedes his rate of development, which disability is amenable to correction or which rate of development may be improved by special education, or (2) has extraordinary learning ability or outstanding talent in the creative arts, the development of which requires programs or services beyond the level of those ordinarily provided in regular school programs but which may be provided through special education as part of the public school program. (f) A "mentally retarded child" means one who, by reason of retarded mental development, is not capable of profiting from the educational programs of the public schools established for the normal child, but shall not include any child who requires custodial care, or does not have clean bodily habits, responsiveness to directions or means of intelligible communication; an "'educable mentally retarded child” means one who, at maturity, cannot be expected to attain a level of intellectual functioning greater than that commonly expected from a child of twelve years of age but who can be expected to attain a level of intellectual functioning greater than that of a seven-year-old child; a "trainable" mentally retarded child means one who, at maturity, cannot be expected to attain an intellectual functioning greater than that commonly expected of a seven-year-old child and who, for entrance into a public school, special program, can walk, has clean bodily habits and is responsive to simple direction. (g) A "physically handicapped child" is one who because of some physical handicap, as defined in regulations of the state board of education, requires special educational programs or services.

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(h) A "socially and emotionally maladjusted child” or “neurologically impaired child" is one who is incapable of fully profiting from the general educational programs of the public schools because of some serious social or emotional handicap or an ima pirment of the nervous system, respectively, as defined by regulation by the state board of education, but who is expected to profit from special education.

(i) "School age children” are those who have attained the age at which the town must commence to provide educational opportunities pursuant to section 10-186.

(j)"Learning disabilities," "extraordinary learning ability" and "outstanding creative talent" shall be defined by regulation by the secretary, subject to the approval of the state board of education, after consideration by him of the opinions of appropriate specialists and of the normal range of ability and rate of progress of children in the Connecticut public schools. [1967, P.A. 627, sec. 1, eff. July 1, 1967; 1969, P.A. 793, sec. 1, eff. July 1, 1969.]

SEC. 10-76b. State supervision. Regulations. Coordinating agency.—(a) The state board of education shall provide for the development and supervision of the educational programs and services for children requiring special education and may regulate curriculum, conditions of instruction, physical facilities and

equipment, class composition and size, admission of students, and the requirements respecting necessary special services and instruction to be provided by town and regional boards of education. Said board shall supervise the educational aspects of the training of all children requiring special education who are residing in or attending any child-caring institution receiving money from the state.

(b) The secretary shall designate by regulation, subject to the approval of the state board of education, the procedures which shall be used to identify exceptional children.

(c) Said board shall be the agency for cooperation and consultation with federal agencies, other state agencies and private bodies on matters of public school education of children requiring special education, provided the full responsibilities for other aspects of the care of such children shall be reserved to such other agencies.

(d) The state board of education shall periodically evaluate the progress and accomplishments of programs covered by sections 10-76a to 10-76g, inclusive. Said board shall annually, on or before February first, review, with the joint standing committee on education of the general assembly, the disbursement of funds, the types of projects funded, and the evaluation of programs dealing with children requiring special education in order to apprise the general assembly of the true condition, progress and needs of special education. [1967, P.A. 627, sec. 2, eff. July 1, 1967; 1971, P.A. 326; 1973, P.A. 73-319.]

SEC. 10-76d. Duties and powers of boards of education to provide special education programs and services.-(a) In accordance with the regulations and procedures established by the secretary and approved by the state board of education, each town or regional board of education shall provide the professional services requisite to identification of school age children requiring special education, identify each such child within its jurisdiction, determine the eligibility of such children for special education pursuant to sections 10-76a to 10-76h, inclusive, prescribe suitable educational programs for eligible children, maintain a record thereof and make such reports as the secretary may require. Immediately upon the formal identification of any child as a child requiring special education, the responsible town or regional board of education shall inform the parent or guardian of such child of the laws relating to special education. No school age child requiring special education shall be excluded or exempted from school privileges except with the express approval of the secretary based upon appropriate professional advice. Said secretary shall immediately report any child so excluded or exempted to any state agency responsible by law for any aspect of the welfare of such child.

(b) In accordance with the regulations of the state board of education, each town and regional school district shall:

(1) Provide special education for school age children requiring special education who are described in subdivision (1) of subsection (e) of section 10-76a. The obligation of the school district under this subsection shall terminate when such child is graduated from high school or reaches age twenty-one, whichever occurs first;

(2) provide special education for children requiring special education who are described in subdivision (1) of subsection (e) of section 10-76a and who have not attained school age, but whose educational potential will be irreparably diminished without special education at an early age. The state board of education shall define the criteria by which the town or regional district shall determine whether a given child is eligible for special education pursuant to this subdivision, and such determination shall be made by the district when requested by a parent or guardian, or upon referral by a physician, clinic or social worker, provided the parent or guardian so permits.

(c) Each town or regional school district may provide special education for children requiring it who are described by subdivision (2) of subsection (e) of section 10-76a and for other exceptional children for whom provision of special education is not required by law.

(d) To meet its obligations under sections 10-76a to 10-76g, inclusive, any town or regional board of education may make agreements with another such board or, subject to the consent of the parent or guardian of any child affected