(1) Notwithstanding the provisions of section 22-1-102 (2), for the purposes of this article the district of residence of a child with a disability is the school district in which such child lives on a day-to-day basis, including a child placed in a foster home pursuant to section 19-1-115.5 (1), C.R.S.; except that:
If a child with a disability is homeless, as defined by section 22-1-102.5, the provisions of section 22-1-102 (2)(h) shall apply;
The child shall be deemed to reside where the child's parent resides if the child isliving at one of the following:
A regional center that is operated by the department of human services;
A facility;
A group home;
A mental health institute operated by the department of human services; or
The Colorado school for the deaf and the blind;
If a child lives in a regional center, a mental health institute, a facility, or a grouphome, and the district of residence cannot be determined due to the inability to locate a parent or due to the homelessness of a parent, the child shall be considered a resident of the school district in which the regional center, mental health institute, facility, or group home is located.
(2) If there is a dispute as to which school district constitutes the district of residence, the commissioner of education shall have the authority to determine questions of residency and thus jurisdiction after reviewing necessary details involved in the determination of residency.
Source: L. 81: Entire section added, p. 1055, § 3, effective June 10. L. 83: Entire section amended, p. 1159, § 14, effective April 26. L. 84: Entire section amended, p. 590, § 1, effective March 5. L. 90: Entire section amended, p. 1041, § 3, effective April 3. L. 91: Entire section amended, p. 1144, § 9, effective May 18. L. 93: Entire section amended, p. 1644, § 35, effective July 1. L. 94: Entire section amended, p. 650, § 1, effective April 14; entire section amended, p.
2616, § 25, effective July 1. L. 2006: Entire section amended, p. 325, § 7, effective August 7. L. 2011: (1) amended, (HB 11-1277), ch. 306, p. 1486, § 15, effective August 10.
Editor's note: Amendments to this section in Senate Bill 94-185 and House Bill 94-1029 were harmonized.
Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.