C.R.S. § 22-29.5-108: Free and appropriate public education.

(1) (a) A local education provider shall provide a free and appropriate public education to each qualified student with a disability who is in the local education provider's jurisdiction, regardless of the nature or severity of the student's disability.

(b) Implementation of an IEP developed in accordance with the IDEA is one way of meeting the individual educational needs of a student with a disability as adequately as the needs of a student without a disability are met.

(2) A local education provider shall ensure that a qualified student with a disability within that local education provider's jurisdiction receives an appropriate education even if the student is placed or referred to a program, aid, benefit, or service other than one operated by the local education provider.

(3) A free education may consist of either the provision of free services or payment to a third party if the local education provider places a qualified student with a disability in a program other than one operated by the local education provider.

(4) If a local education provider places a qualified student with a disability or refers such student for aid, benefits, or services at a facility not operated or provided by the local education provider as a means of providing a free and appropriate public education, the referring local education provider shall ensure that the qualified student with a disability has adequate transportation to and from the facility where the aid, benefits, or services are provided. The transportation must be provided at no greater cost than would be incurred by the qualified student with a disability or their parent if the student received the aids, benefits, or services from the referring local education provider.

(5) If it is necessary for a qualified student with a disability to be placed in a public or private residential facility to provide the student with a free and appropriate public education, as determined by a section 504 team or IEP team, the placement, including nonmedical care and room and board, shall be provided at no cost to the student or their parents or guardians.

(6) If a local education provider has made available a free and appropriate public education to a qualified student with a disability pursuant to this section and the student's parents or guardians choose to place the student in a private school, the local education provider is not required to pay for the student's education in the private school.