Committee advances bill clarifying advanced enrollment for military children with disabilities

The House Education Committee voted Feb. 12 to send Senate Bill 25,073 to the Committee of the Whole with a favorable recommendation by a recorded committee vote of 9-3 (one member excused).

Sponsor Representative Kelty said the bill is a clarifying measure intended to ensure Colorado schools recognize and act on the state's existing advanced-enrollment policies for military families whose children have individualized education programs (IEPs) or Section 504 plans. "This bill removes barriers that have long hindered military connected children with disabilities, ensuring they receive educational support they need without disruption," Kelty said.

The bill drew testimony from military parents, school liaisons serving Buckley Space Force Base and nearby installations, and a Department of Defense representative. Paul Presley, a Sergeant Major and parent of three children with special needs, described repeated school moves and the difficulty of getting proposed services implemented immediately. "None of them have been particularly easy," Presley said of transfers and added that his family often must assertively advocate to get records and services in place.

Michelle Richard, appearing for the Department of Defense, said DOD sees this as a policy-clarification measure. She cited studies the department uses showing that a significant share of active-duty families with children receiving special education experience delays in services after a move: "A study conducted in 2020 found that 51 percent of active duty families with a child in special education had trouble transferring their child's IEP to a new school," Richard told the committee.

School liaisons and parents gave examples of delays. Kelly Chappell, an active-duty military spouse whose son is legally blind, said equipment and some instruction were in place on his first day only because local staff and the military transition liaison acted quickly; other accommodations were not implemented until months later, leaving the student without full services for much of the school year. Abigail Hahn, who represents school liaisons for multiple bases, said advanced enrollment would allow schools to obtain records and plan comparable services before a student's arrival.

Committee members spent significant time discussing whether the problem is unique to military families or a broader implementation problem under federal law, the Individuals with Disabilities Education Act (IDEA). Representative Phillips and others noted that IDEA and state special education rules already require timely evaluation and provision of services when a student transfers, but witnesses and sponsors said those legal protections are not always applied in practice for military families who seek to enroll in advance of arrival.

Representatives who spoke during closing comments varied on whether the bill goes far enough. Representative Phillips said she would vote "no" on the committee motion, stating the bill as written does not create an explicit advanced-enrollment enforcement or complaint mechanism and that existing federal and state rules already address timelines for IEP implementation. Several other members, including Representatives Garcia Sander and Bradfield, said the bill addresses a real implementation gap by emphasizing advanced enrollment for military children with disabilities and noted the measure had been vetted with the Colorado Department of Education and the Consortium of Directors of Special Education.

Vice Chair Martinez moved the bill to the Committee of the Whole with a favorable recommendation; Representative Hartzick seconded. The committee recorded a 9-3 favorable vote with Representative Bacon excused.