Legislative declaration.

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(1) The general assembly hereby finds that:

  1. There is an urgent and substantial need to enhance the development of infants andtoddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child's first three years of life;

  2. The longer a child's developmental delays are not addressed, the more developmentaldifficulties the child will experience in the future, the less prepared the child will be for school, the more special education needs the child is likely to have, and the more costly those problems will be to address;

  3. The capacity of families to meet the special needs of their infants and toddlers withdisabilities needs to be supported and enhanced;

  4. Colorado's system for providing early intervention services to eligible infants andtoddlers from birth through two years of age with significant developmental delays and disabilities relies on multiple sources of funding;

  5. The early childhood and school readiness commission, which was the successor ofthe child care commission, was created in the 2004 legislative session to study, review, and evaluate the development of plans for creating a comprehensive early childhood system;

  6. The early childhood and school readiness commission extensively studied and evaluated issues regarding early intervention services for infants and toddlers who have delays in development and learned that there is no coordinated system of payment for early intervention services, resulting in the provision of disjunctive or interrupted services to eligible children and inadequate reimbursement of early intervention service providers;

  7. The early childhood and school readiness commission was also informed that manyeligible children are covered as dependents by their parents' health care plans, but some of the plans may deny benefits for early intervention services, thereby eliminating a source of private funds for the payment of early intervention services;

  8. Pursuant to part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., there is an urgent and substantial need to facilitate the coordination of payment for early intervention services from federal, state, local, and private sources, including public medical assistance and private insurance coverage;

  9. Existing levels of local, state, federal, and private funding may be more efficientlyused, more children may be served, and a higher quality of services may be provided if the existing early intervention system is modified to create a more coherent and coordinated system of payment for early intervention services;

  10. The involvement of a child's primary health care provider and other health care providers is an essential component of effective planning for the provision of early intervention services; and

  11. The provision of early intervention services is intended only to meet the developmental needs of an infant or toddler and not to replace other needed medical services that are recommended by the child's primary health care provider.

Source: L. 2008: Entire part R&RE, p. 1456, § 11, effective August 5. L. 2009: (1)(j) and (1)(k) added, (HB 09-1237), ch. 216, p. 979, § 2, effective May 2.

Editor's note: This section is similar to former § 27-10.5-701 as it existed prior to 2008.


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