§ 22-2-407.5. Facility Schools – Sustainable Model of Education for Facility Students – Work Group – Created – Membership – Duties – Reporting Requirements – Funding

1. 1. On or before July 1, 2021, the department shall convene a work group of the stakeholders described in subsection (1)(b) of this section. The purpose of the work group is to develop and implement a sustainable model with capacity to meet the educational needs of children and youth in or at risk of out-of-home placement and children and youth who are at risk of educational failure due to challenging behavior, mental or behavioral health needs, or disabilities, regardless of the child’s or youth’s eligibility for special education services.
   2. The work group shall obtain input from parents and students who reflect the diversity of the state with regard to race, ethnicity, immigration status, income, and disability. The work group must include representatives from the following entities:
      1. School districts;
      2. Boards of cooperative services;
      3. Special education directors;
      4. Facility schools and facility school board members;
      5. The department of health care policy and financing;
      6. The department of education;
      7. The department of human services, including the division of youth services; and
      8. County departments of human or social services.
2. The work group shall:
   1. Define the target population of facility students;
   2. Analyze data to determine the educational needs of students in the target population;
   3. Analyze cost data for providing educational services to students in the target population;
   4. Evaluate existing capacity within the state, including, but not limited to, the location and number of desks in each facility school and other programs that currently serve students in the target population in Colorado;
   5. Evaluate other effective evidence-based options that currently exist in Colorado or in other states and that may be incorporated into the model to ensure the necessary capacity to serve students in the target population in the state;
   6. Identify barriers and develop solutions to address the development of additional capacity in educational programs in meeting the needs of students in the target population;
   7. Identify and analyze:
      1. The state’s current capacity to provide appropriate instruction, support, and services to students in the target population;
      2. The current funding methodology for facility schools;
      3. The federal, state, local, and other sources of funding available to support the current educational options for serving students in the target population, including the restrictions on use of each type of funding;
      4. The capacity and funding necessary to adequately serve and support students in the target population who will receive educational services through the model developed pursuant to this section; and
      5. The funding methodology and necessary resources to ensure long-term viability;
   8. Identify the outcomes that are to be evaluated pursuant to subsection (3) of this section; and
   9. Develop short-term strategies to address the lost capacity in facility schools.
3. The educational options for the model must clearly define the roles of the department of education, the department of human services, the department of health care policy and financing, and the department of public health and environment in the model’s continuum, which includes, but is not limited to, residential treatment, day treatment, and hospitals. The model must include a means by which to evaluate appropriate outcomes of the target population served in the continuum.
4. 1. After analyzing the data required pursuant to subsection (2) of this section, and no later than October 1, 2022, the work group shall develop the model through which educational services will be made available to the target population. On or before October 1, 2022, the work group shall develop the implementation plan, including the deadlines for identified deliverables within the plan to ensure that implementation of the model can begin on or before July 1, 2023, and be fully implemented on or before July 1, 2027. Additionally, the work group shall develop a report identifying any necessary statutory changes for full implementation of the model, as well as any fiscal impact of the model’s implementation.
   2. The work group shall submit the information required by this subsection (4) to the department on or before October 1, 2022. On or before November 1, 2022, the department shall submit a written report summarizing the work group’s work, as required pursuant to this subsection (4), to the joint budget committee.
   3. The department may contract with an independent facilitator to support the work group and write the report required pursuant to this subsection (4), and an independent entity to perform the financial analysis required pursuant to subsection (2)(g) of this section.
   4. On or before December 31, 2022, the commissioner of education, as defined in section 22-2-102, shall present the report compiled pursuant to subsection (4)(b) of this section to the joint budget committee, including details of the model, the implementation plan and timeline, any fiscal impact of implementing the model, any necessary statutory changes, and any recommendations to increase Colorado’s system to serve and its capacity to support students in the target population, including short-term strategies developed to address lost facility school capacity.
   5. On or before October 1, 2023, and on or before each October 1 during the implementation phase of the model, the department shall submit a written report concerning the progress of the model’s implementation, including but not limited to, the status of each deliverable identified in the implementation plan, any modifications to the implementation plan, and any statutory changes and funding necessary in the upcoming fiscal year in order to successfully implement each phase of the model.

Source: L. 2021: Entire section added, (SB 21-274), ch. 341, p. 2224, § 3, effective June 25.

Cross references: For the legislative declaration in SB 21-274, see section 1 of chapter 341, Session Laws of Colorado 2021.