2018 Colorado Revised Statutes
Title 22 - Education
Compensatory Education
Article 20 - Education of Exceptional Children
Part 1 - Education of Children With Disabilities
§ 22-20-118. Child find from birth through two years of age - responsibilities - rules - interagency operating agreements - funding
(1) The department shall have the following responsibilities concerning part C child find:
(a) To ensure that administrative units perform the necessary screening and evaluation of children with disabilities from birth through two years of age;
(b) To promulgate rules and administrative remedies to ensure that the IDEA timelines and requirements of part C child find are met by administrative units and to establish a process for addressing situations where administrative units fail to meet the timelines and requirements;
(c) To establish state-level interagency operating agreements, including but not limited to:
(I) Working with the department of human services as necessary and within existing resources to assist in developing and implementing the department of human services' statewide plan described in section 27-10.5-103, C.R.S., for community education outreach and awareness efforts related to part C child find and the availability of early intervention services. The department's responsibilities shall be limited to those activities that relate to facilitating the implementation of part C child find activities and a collaborative system of early intervention services.
(II) Coordinating a process with the department of human services to provide for, accept, and assist with referrals to families in finding the appropriate agency for intake and case management as defined in section 27-10.5-102, C.R.S.;
(III) Facilitating the implementation of part C child find and the use of medicaid funds related to part C child find activities, including sharing of information where appropriate with the department of human services or the department of health care policy and financing as it provides part C child find services, provided that both departments act in compliance with the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. sec. 1320, as amended, and the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted thereto; and
(IV) Monitoring screenings and evaluations by administrative units of children with disabilities.
(1.5) On or before October 1, 2018, the department shall enter into an interagency agreement with the department of human services pursuant to section 27-10.5-703.5.
(2) The administrative units shall:
(a) Establish local-level interagency operating agreements with community-centered boards, as described in section 27-10.5-102, C.R.S., as necessary to assist in developing and implementing the department of human services' statewide plan defined in section 27-10.5-704, C.R.S., for community education outreach and awareness efforts related to part C child find and the availability of early intervention services. The administrative units' responsibilities shall be limited to those activities that relate to facilitating the implementation of part C child find activities and a collaborative system of early intervention services.
(b) Screen and evaluate children from birth through two years of age who have been referred to the administrative unit for services under part C child find. Administrative units may elect to serve children from birth through two years of age identified as needing services under part C child find as defined in section 22-20-103 (4)(a).
(c) Pursuant to the development of the IFSP, coordinate with community centered boards to have the same representative who conducts a part C child find evaluation attend the mandatory meeting at which the family receives information concerning the results of the part C child find evaluation; and
(d) Pursuant to section 27-10.5-704, C.R.S., coordinate with community centered boards, the department of human services, and the department to assist a child with disabilities as he or she transitions from the developmental disabilities system into the public education system no later than the age of three.
