(1) As used in this section, unless the context otherwise requires: (a) "Committee" means the Colorado special education fiscal advisory committee created in subsection (2) of this section. (b) "High costs" means the costs incurred by an administrative unit above a threshold amount determined pursuant to paragraph (e) of subsection (3) of this section in providing special education services, either directly or by contract, to a child with disabilities regardless of the child's district of residence. (c) Repealed. (2) (a) There is hereby created the Colorado special education fiscal advisory committee in the department. The committee shall consist of twelve members as follows: (I) A representative from the unit in the department responsible for the administration of special education programs; (II) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1497, § 20, effective August 10, 2011.) (III) A special education director from a board of cooperative services with expertise in special education finance selected by the state board based on a recommendation from the statewide association that represents boards of cooperative services; (IV) A business official from a small rural administrative unit to be selected by the state board based on a recommendation from a statewide association of school executives; (V) A business official from a large urban or suburban administrative unit to be selected by the state board based on a recommendation from a statewide association of school executives; and (VI) Eight special education specialists with appropriate statewide geographic representation to be selected by the state board based on recommendations from a statewide consortium of special education directors. (b) The members of the committee shall serve without compensation but shall be reimbursed by the department for any necessary expenses incurred in the conduct of their official duties on the committee. (c) This subsection (2) is repealed, effective September 1, 2031. Before its repeal, the committee is scheduled for review in accordance with section 2-3-1203. (3) (a) An administrative unit that incurs high costs in providing special education services to a child with disabilities may apply for a high cost grant to recover all or a portion of such high costs. To receive a grant, an administrative unit shall apply to the committee in a form and manner determined by the committee and provide such information as may be requested by the committee to document the administrative unit's high costs. (a.5) Of the total amount appropriated in a budget year for the purpose of awarding grants pursuant to this section, the committee shall use fifty percent of the amount to award grants to administrative units that have one or more children being served in an out-of-district placement for special education services and fifty percent of the amount to award grants to administrative units with one or more children being served in an in-district placement for special education services. (b) (I) Subject to the requirements of subsection (3)(a.5) of this section, the committee has the discretion to award a grant to an administrative unit that applies and qualifies to receive a grant pursuant to subsection (3)(a) of this section. In determining whether to award a grant to an administrative unit and the amount of the grant to be awarded, the committee shall consider the administrative unit's annual audited operating expenses for the preceding budget year, or the administrative unit's annual audited operating expenses for one year prior to the preceding budget year if the annual audited operating expenses for the most recent preceding budget year are not available, and the percentage of the administrative unit's annual audited operating expenses, or the administrative unit's annual audited operating expenses for one year prior to the preceding budget year if the annual audited operating expenses for the most recent preceding budget year are not available, that represents the high costs incurred by the administrative unit in the preceding budget year. All grants awarded by the committee are subject to approval by the state board. (II) (A) In awarding grants pursuant to this section to administrative units that have one or more children being served in an out-of-district placement for special education services, the committee shall first prioritize those administrative units that spent the highest percentages, based on the administrative unit's annual audited operating expenses, in the preceding budget year on high costs incurred in providing special education services to children in such out-of- district placements. (B) In awarding grants pursuant to this section to administrative units with one or more children being served in an in-district placement for special education services, the committee shall first prioritize those administrative units that spent the highest percentages, based on the administrative unit's annual audited operating expenses, in the preceding budget year on high costs incurred in providing special education services to children in such in-district placements. (c) An administrative unit shall not receive a grant in an amount that exceeds one hundred percent of the high costs that the administrative unit incurred in the preceding budget year. (d) The committee shall not award a grant to an administrative unit that fails to provide the department with the data collected concerning special education programs, as required by section 22-20-114 (6), including the count of assessed special education students. (e) For the purpose of grants awarded in the 2006-07 budget year, the threshold amount of costs incurred in providing special education services to a child with disabilities above which an administrative unit may receive reimbursement in the form of a grant pursuant to the provisions of this subsection (3) is forty thousand dollars. For the purpose of grants awarded in the 2007-08 budget year and each budget year thereafter, the committee shall annually determine the threshold amount of costs incurred in providing special education services to a child with disabilities above which an administrative unit may receive reimbursement in the form of a grant. (4) (a) The department shall gather and provide to the committee data that includes but need not be limited to the following: (I) The extent to which the amount appropriated pursuant to section 22-20-114 (1) is distributed based on the needs of children with disabilities and the severity of the needs of such children; (II) The number of children with disabilities who receive special education services from each administrative unit and the nature of the disability of each child who receives special education services from each administrative unit; (III) Patterns of identifying children with disabilities that include but need not be limited to recognized incidence rates of over- and under-identification of children with disabilities at the administrative unit, state, and national levels; (IV) The number of hours of special education services that each administrative unit provides, disaggregated by disability; and (V) The percentage of the school day during which children with disabilities receive special education services from the administrative unit, disaggregated by disability. (b) On or before January 1, 2008, the committee shall submit to the state board, the education committees of the house of representatives and the senate, or any successor committees, a statewide organization of special education directors, and the financial policies and procedures advisory committee created in the department, a report that includes but need not be limited to the following: (I) The information that the department gathered pursuant to paragraph (a) of this subsection (4) and any analysis conducted by the committee; (II) Recommended changes, if any, to the manner of distributing funds to administrative units for special education programs pursuant to section 22-20-114 (1)(a) and (1)(b); and (III) Recommended changes, if any, to the categorization of children with disabilities pursuant to section 22-20-114 (1)(b) and (1)(c) for the purpose of distributing funds for the provision of special education programs. (5) On January 15, 2008, and on January 15 of each year thereafter, the committee shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report that includes but need not be limited to a list of the administrative units that applied for and received a grant pursuant to subsection (3) of this section during the preceding budget year. (6) (a) In addition to awarding grants pursuant to subsection (3) of this section, the committee shall award high-cost special education trust fund grants and report on those grants pursuant to section 22-20-114.7. (b) This subsection (6) is repealed, effective July 1, 2027. (7) On or before January 1, 2023, the committee shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report that includes but need not be limited to: (a) An analysis of funding for special education services in other states compared to the funding model used in Colorado, with a focus on the proportionate shares provided by federal, state, and local funding and how other states fund different categories of disabilities to target the needs of children with disabilities; (b) An analysis of the actual costs to provide special education services to children with disabilities in Colorado; (c) An analysis of the effectiveness of the current funding model for special education services and whether the current funding model adequately supports special education services; (d) An examination of the high-cost special education trust fund created in section 22- 20-114.7, including how the high-cost special education trust fund is currently operating, who is receiving funding from the high-cost special education trust fund, and how the high-cost special education trust fund impacts those who receive funds; (e) An analysis of the current disability categories for children with disabilities described in section 22-20-103 (5)(a) and whether the disability categories are sufficient for meeting the needs of children with disabilities; and (f) Recommended changes, if any, to the special education services funding model described in section 22-20-114.
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