1 Colo. Code Regs. § 301-39-14

Current through Register Vol. 47, No. 22, November 25, 2024

Section 1 CCR 301-39-14 - Pupils In Approved Facility Schools

14.01 "Approved facility school" has the same meaning as the term is defined in section 22-54-129(1)(a), C.R.S.

14.02 For purposes of this section, "pupil" means a child or youth who has attained three years of age on or before August 1 and who is under twenty-one years of age, as defined in Section 22-2-402(7), C.R.S. When a pupil reaches age 21, an approved facility school may include such pupil in its monthly report of pupils served and in its calculation of full-time equivalent membership only through the end of the semester in which the pupil reaches age 21.

14.03 "Baseline funding" means a funding amount based on student enrollment projections that is intended to provide sufficient funding for minimum education program services for an approved facility school.

14.04 "Public entity" means a public entity responsible for referring students to or placing students in out-of-home, day treatment, residential treatment, hospital, and specialized day school placements with providers.

14.05 The Department shall utilize monthly enrollment counts and point-in-time enrollment counts to determine the student count number used to calculate the baseline funding amount annually for each approved facility school.

14.06 On or before the fifteenth day of each month, an approved facility school shall report to the Department the actual number of pupils enrolled to receive educational services during the prior calendar month and the corresponding number of full-time equivalent pupils to which the approved facility school provided such services.

14.06(1) Approved facility schools shall only use student enrollment numbers for those students who are residents of Colorado and are:

14.06(1)(a) placed by a court order,

14.06(1)(b) referred or placed by a public entity, including but not limited to school districts, departments of human services, Department of Youth Services (DYS);

14.06(1)(c) patients of a hospital; or

14.06(1)(d) a homeless child as defined in Section 22-1-102.5, C.R.S.

14.06(2) Full-time equivalent membership is determined as follows: Total instructional days in membership divided by total instructional calendar days in reporting period equals full-time equivalent membership.

14.06(3) The first day of attendance following a pupil's enrollment in the educational program establishes the first day of the pupil's full-time equivalent membership in an educational program.

14.06(4) Membership in an educational program continues until the pupil withdraws and the pupil's name no longer appears on the roster of the approved facility school, or until terminated automatically after five consecutive unexcused absences.

14.06(5) An approved facility school may include in its full-time equivalent membership:

(1) up to ten days of excused absences for a pupil; and

(2) up to five days of unexcused absence.

14.06(6) An approved facility school shall retain documentation of pupil names (first, middle, last); date of birth; parent/guardian resident address; district of residence; state assigned student identification number (SASID); whether the pupil was placed in the facility as defined in Section 22-2-402(4) and (4.5), C.R.S.; dates of admission and discharge; schedules; and records of attendance, until audited by the Department or until five years from the date it submits its monthly reports to the Department, whichever is earlier.

14.07 Approved facility schools shall receive payments monthly, including applicable prorations, pursuant to section 22-54-129 (2.5), C.R.S. An approved facility school shall receive one twelfth of the total baseline funding amount on the 15th of each month. The baseline funding amount shall include the offset amount for the special education rate and hospital offset amount. The baseline funding formula shall be adjusted annually based on inflation, determined by the department. The department shall publicly post and distribute a schedule of student enrollment thresholds and associated decreases, as required by Section 22-54-129 (2.5)(e)(I)(C), C.R.S., by July 1st each year. Funding may be prorated under Section 22-22-54-129(2.5)(f), C.R.S., based on available appropriations.

1 CCR 301-39-14

43 CR 19, October 10, 2020, effective 10/30/2020

47 CR 08, April 25, 2024, effective 5/15/2024