CO enacts RTC for parents in due process appeals where parent prevailed below

Parents of disabled students who may be eligible for special education services are entitled to appointed counsel where “an administrative unit” or “state-operated program” appeals a decision made in favor of the parent, guardian or custodian as to their child’s disability status and rights to a special education. See Colo. Rev. Stat. § 22-1-141(3).  The law defines “Parent” as “a parent, guardian, or legal custodian of, or entity with educational decision-making authority for, a student with a disability or a student who may be eligible for special education services.” Id. at (1)(d).

The new law, enacted by the Colorado legislature in 2023, requires

[t]he Department [of Education to] enter into a service agreement with a nonprofit organization to create and maintain a list of attorneys qualified to represent a parent in a due process complaint filed by an administrative unit or state-operated program pursuant to section 22-20-18 (3) concerning issues disputed in a state complaint in which the parent prevailed.

H.B. 1168, 74th Gen. Assemb., 1st Reg. Sess. (Colo. 2023) (codified at Colo. Rev. Stat. § 22-1-141).  Under the statute, “[a] parent … may contact the nonprofit organization for an attorney appointment. The nonprofit organization shall appoint an attorney from the list of attorneys … to represent the parent in a due process complaint [appeal] …”  Colo. Rev. Stat. § 22-1-141(3).