Rep. Mary Young

The act requires the state board of health in the department of public health and environment, with regard to nursing care facilities and assisted living residences, and the medical services board in the department of health care policy and financing, with regard to adult day care facilities, to adopt rules requiring these facilities to provide dementia training for staff providing direct-care services to clients and residents of the facilities. (Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies (department), as specified in the department's sunset review of the "Speech-language Pathology Practice Act", as follows: Continues the practice act for 11 years, until September 1, 2033; Allows the director of the division of professions and occupations in the department to extend a provisional certification beyond 24 months; and Specifies that insurance fraud and abuse are grounds for discipline.(Note: This summary applies to this bill as enacted.)

The act allows a district charter school or an institute charter school, upon approval of the authorizing school district board of education or the state charter school institute (CSI), respectively, to develop and administer an enrollment preference plan to give enrollment preference to children with disabilities. In exercising the enrollment preference plan for children with disabilities, a district charter school and an institute charter school shall ensure compliance with the obligation to provide a free appropriate public education in the least restrictive environment pursuant to the federal "Individuals with Disabilities Education Act". A district charter school or an institute charter school may allow parents to voluntarily provide information regarding the existence of a child's disability. The act allows the department of education (department) to designate a charter school network or charter school collaborative that meets specified criteria as an administrative unit for the purpose of providing special education services to children with disabilities. If the department designates a charter school network or charter school collaborative as an administrative unit, a district charter school or institute charter school that is within the charter school network or is participating in the charter school collaborative is required to amend its district charter contract or institute charter contract, respectively, to reflect that the district charter school or institute charter school is participating in the administrative unit of the charter school network or charter school collaborative. If the parents of a child with a disability remove the child from enrollment in the alternative administrative unit in which a district charter school or institute charter school participates after the annual count date to determine state funding for children with disabilities, that alternative administrative unit continues to be deemed the child's administrative unit of residence for the remainder of the school year and may be required to pay the tuition charge for excess costs to the administrative unit of attendance that enrolls the child for the remainder of the school year. The act further clarifies provisions concerning the payment of tuition for excess costs when a child with a disability is enrolled in a district charter school or institute charter school that participates in an alternative administrative unit that is a charter school network or charter school collaborative. The act further clarifies that if a child with a disability who is enrolled in an alternative administrative unit is placed by an IEP team in an approved facility school or other private setting for special education purpose, the child continues to be enrolled in the alternative administrative unit until certain circumstances occur. The act allows a district charter school or an institute charter school, upon the department's approval of the administrative unit of a charter school network or charter school collaborative, to enter into an agreement to participate in the existing alternative administrative unit. After the department approves an application for the reorganization of the administrative unit to include the district charter school, the district charter school is required to amend its district charter contract to reflect that the district charter school is participating in the existing alternative administrative unit of the charter school network or charter school collaborative. The institute charter school is required to amend its institute charter contract to reflect that the institute charter school is participating in the existing alternative administrative unit of the charter school network or charter school collaborative. The act allows a district charter school, upon approval of the CSI, to enter into an agreement with the CSI to participate in the CSI's administrative unit. After the department approves an application for the reorganization of the CSI's administrative unit to include the district charter school, the district charter school is required to amend its charter contract to reflect that it is participating in the CSI's administrative unit. The act clarifies that a school district or the CSI shall not require a district charter school or an institute charter school, respectively, to participate in an alternative administrative unit as a condition of approval of its application or approval or renewal of its contract with the school district or the CSI. The act specifies that a charter school collaborative may provide special education and related services to participating schools as authorized by the contract creating the charter school collaborative. Participating charter schools of the charter school collaborative shall share costs and financial support for special education and related services. The act clarifies that a district charter school is not required to pay its authorizing school district for federally required educational services that are not available to the district charter school. The act appropriates $375,000 from the general fund to the department for use by the CSI to distribute to eligible institute charter schools. (Note: This summary applies to this bill as enacted.)

The act creates in the department of higher education (department) the inclusive higher education grant program to provide grants to state institutions of higher education for the purpose of establishing, or expanding existing, inclusive higher education programs for students with intellectual and developmental disabilities. The act requires the department to contract with an organization that has demonstrated success in assisting students with intellectual and developmental disabilities attend institutions of higher education to administer the grant program, perform annual evaluations of the grant recipients, and produce an annual report that is submitted to the education committees of the house of representatives and the senate. The act appropriates $450,000 from the general fund to the department of higher education to implement the act. (Note: This summary applies to this bill as enacted.)

The act requires the department of education (department) to collect and compile data and create reports based on information received from school districts and charter schools (schools) related to chronic absenteeism rates, the number of in-school and out-of-school suspensions, the number of expulsions, the number of students handcuffed or restrained, the number of referrals to law enforcement, and the number of school-related arrests. The department shall to annually update and post such data and reports on its website. The department shall ensure all student-level data is kept confidential and complies with federal reporting requirements. The act requires the department to create and post easily accessible and user-friendly school district profiles relating to school climate, including school climate surveys. The act increases restrictions concerning the use of restraints on students. If a physical restraint is used for more than one minute but less than five minutes, the student's parent must be notified on the day of the restraint. The written notice must include the date, the name of the student, and the number of restraints. If a physical restraint is used for five minutes or more, the school administration shall mail, fax, or email a written report of the incident to the parent or legal guardian of the student not more than five calendar days after the use of the restraint on the student. The written report must be placed in the student's confidential file. A school resource officer or a law enforcement officer acting in the officer's official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall not use handcuffs on any student, unless there is a danger to themselves or others or handcuffs are used during a custodial arrest that requires transport. If a school uses a seclusion room, there must be at least one window for monitoring when the door is closed. If a window is not feasible, monitoring must be possible through a video camera. A student placed in a seclusion room must be continually monitored. The room must be a safe space free of injurious items. The seclusion room must not be a room that is used by school staff for storage, custodial, or office space. The department has enforcement authority over restraint investigation decisions and must follow the procedures outlined for state complaints under the federal "Individuals with Disabilities Education Act" and the department's state-level complaint procedures. The act requires the peace officers standards and training (P.O.S.T.) board, with respect to the hiring, training, and evaluation of school resource officers and professionalizing a school-police partnership, to create a model policy for selecting school resource officers. The P.O.S.T. board shall consult with school board members, school resource officers, K-12 advocates, and other relevant stakeholders, including student groups, in the development of the model policy. The department shall post the model policy on its website and distribute the policy to schools for consideration and possible adoption. The model policy may be used by schools and police departments. For the 2022-23 state fiscal year, the act appropriates $516,451 to the department of education from the general fund for information technology services and the office of dropout prevention and student reengagement. An additional $30,000 is appropriated to the department of law for use by the peace officers training board from the P.O.S.T board cash fund to implement the provisions of the act. (Note: This summary applies to this bill as enacted.)

The act creates the behavioral health administration (BHA) in the department of human services (department) to create a coordinated, cohesive, and effective behavioral health system in the state. The BHA will handle most of the behavioral health programs that were previously handled by the office of behavioral health in the department. The act establishes a commissioner as the head of the BHA and authorizes the commissioner and state board of human services to adopt and amend rules that previously were promulgated by the executive director of the department. By July 1, 2024, the act requires the BHA to establish: A statewide behavioral health grievance system; A behavioral health performance monitoring system; A comprehensive behavioral health safety net system; Regionally-based behavioral health administrative service organizations; The BHA as the licensing authority for all behavioral health entities; and The BHA advisory council to provide feedback to the BHA on the behavioral health system in the state. The act transfers to the department of public health and environment responsibility for community prevention and early intervention programs previously administered by the department. The act makes extensive conforming amendments. The act appropriates from the general fund to the department: $671,538 for use by the executive director's office; $542,470 for administration and finance; and $2,495,231 for use by the behavioral health administration; The act makes various adjustments to the 2022 general appropriations act for the department, the department of public health and environment, and the legislative department. The act appropriates to the department of public health and environment $638,608 for use by the prevention services division of which $48,111 is from the general fund and $590,497 is from the marijuana tax cash fund. The act appropriates to the department of public health and environment: From reappropriated federal funds $8,181,248 for use by the prevention services division; From the marijuana tax cash fund $18,127 for administration; and From the general fund $11,846 for use by administration and support. The act appropriates from the general fund to the department of health care policy and financing, $246,399 for use by the executive director's office. The act appropriates from the division of insurance cash fund $142,766 to the department of regulatory agencies for use by the division of insurance. (Note: This summary applies to this bill as enacted.)

The act creates in the university of Colorado the Colorado pediatric psychiatry consultation and access program (CoPPCAP). The purpose of CoPPCAP is to support primary care providers in identifying and treating mild to moderate behavioral health conditions in children in primary care practices or school-based health centers. The act requires the general assembly to appropriate from the behavioral and mental health cash fund: $4.6 million to CoPPCAP; $5 million to the behavioral health care professional matching grant program to expand access to behavioral health-care services for children and families; and $1.5 million to the school-based health center grant program.(Note: This summary applies to this bill as enacted.)

The act directs the state treasurer to transfer $3,698,586 from the general fund to the division of professions and occupations cash fund for use beginning in the 2022-23 state fiscal year and until fully expended to fund the expenses of the state board of psychologist examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners in order to facilitate fee relief for mental health professionals regulated by those boards. (Note: This summary applies to this bill as enacted.)

The act requires the state treasurer to transfer $3,900,000 from the general fund to the Colorado DRIVES vehicle services account in the highway users tax fund. This transfer allows the department to maintain the current driver license fee while supporting the solvency of the fund. (Note: This summary applies to this bill as enacted.)

The bill creates the competitive transportation innovation grant program (grant program) in the department of education (department) to address the public school transportation shortage. The bill allows school districts, charter schools, institute charter schools, the state charter school institute, boards of cooperative services, a consortium of school districts, tribal governments, local governments, and community organizations that partner with school districts (eligible applicants) to apply to the grant program. The state board of education (state board) shall select grantees who develop and implement innovative solutions, strategies, and services to address the public school transportation shortage. Eligible applicants shall serve students of color and students from under-resourced communities who are disproportionately impacted by the transportation shortage and struggle to access school districts of their choice and career pathway programs because of their limited access to transportation. The department operates the grant program. The grant program is a one-time grant program, but grantees have 2 years to spend the grant money. If selected for a grant, a grantee is required to submit a report to the department on or before August 1, 2024, and to submit a second report on or before August 1, 2025. The report must include an explanation of the solutions, strategies, and services developed and implemented with the grant money as described in the grantee's grant application. On or before August 30, 2024, and again on or before August 30, 2025, the department is required to submit a report summarizing information submitted by the grantee. The bill requires the general assembly to appropriate money from the revenue loss restoration cash fund to address the public school transportation shortage resulting from the COVID-19 pandemic. The bill repeals the grant program, effective July 1, 2026. (Note: This summary applies to this bill as introduced.)