CO HB1168

Department of Education must enter into a five-year service agreement with a Colorado nonprofit legal organization by August 1, 2023, to create and maintain a list of attorneys qualified to represent parents in special education due process complaint hearings.

Parents who prevailed in a state complaint can request appointment of an attorney from the qualified list to represent them in any subsequent due process complaint filed by an administrative unit or state-operated program concerning the same disputed issues.

The nonprofit organization shall rotate attorneys on the list to distribute due process complaint cases evenly among qualified attorneys with a history of practice in special education law.

Department shall provide the nonprofit organization $20,000 annually to pay appointed attorneys and maintain the attorney list, with unspent funds retained by the nonprofit and any remaining balance returned to the state at the end of the five-year agreement.

Nonprofit organization must report annually (September 1, 2024-2028) on the number of attorneys appointed, costs per case, and unspent money retained; the statute repeals effective July 1, 2029.

$33,260 appropriated to the Department of Education for fiscal year 2023-24 from the general fund to implement the program.