2.01ActAct, when used in 34 CFR Parts 300 and 303, means the federal Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. § 1400 et seq. (IDEA) as amended.
2.02Administrative UnitAdministrative Unit (AU) means a school district, board of cooperative services, multi-district administrative unit, a charter school network, a charter school collaborative, or the State Charter School Institute, that is providing educational services to exceptional children and that is responsible for the local administration of these Rules. In order to qualify as an administrative unit, an entity shall meet all minimum standards established in Section 3.01 of these Rules. All administrative units shall be approved by the Department of Education.
2.02(1) Administrative unit of residence Pursuant to sections 22-1-102 and 22-20-107.5, C.R.S., an administrative unit of residence (AUR) shall mean the unit in which the child resides on a day-to-day basis with the following exceptions to apply when a child has been determined to have a disability:
2.02(1)(a) If a child with a disability is living at one of the regional centers, an approved facility school, a group home, a mental health institute operated by the Department of Human Services, or if the child attends the Colorado School for the Deaf and the Blind, such child shall be deemed to reside where the parent or guardian of such child resides.2.02(1)(b) If a child has been placed by a Colorado public agency and lives in one of the regional centers, a mental health institute, a facility, or a group home, and the AUR cannot be determined because parental rights have been relinquished by the parents or terminated by a court, the parents are incarcerated, cannot be located, reside out of state, are deceased, or the child is legally emancipated, the child shall be considered a resident of the administrative unit in which the regional center, mental health institute, facility or group home is located, except as otherwise provided in Rule 2.02(1)(i) below.2.02(1)(c) If the child resides in a foster care home, the child shall be deemed to be a resident of the AU in which the foster care home is located, except as otherwise provided in Rule 2.02(1)(i) below.2.02(1)(d) When a child attends a school in another district under the provisions of the public schools of choice law, the child shall be considered a resident of the AU in which the parent or guardian resides.2.02(1)(e) When a child attends a Charter School in another district, the child shall be considered a resident of the AU in which the parent or guardian resides (unless Rule 2.02(1)(h) applies).2.02(1)(f) When a child attends a public school on-line program in another district, the child shall be considered a resident of the AU in which the parent or guardian resides (unless Rule 2.02(1)(h) applies).2.02(1)(g) If a child with a disability is homeless, as defined by Section 22-1-102.5, C.R.S., the provisions of Section 22-1-102(2), C.R.S., apply.2.02(1)(h) If a child with a disability enrolls in a district or institute charter school that participates in an alternative administrative unit, the alternative administrative unit is deemed the administrative unit of residence and of attendance so long as the child is enrolled in the alternative administrative unit.2.02(1)(i) If a child with a disability is a student in out-of-home placement (as defined in section 22-32-138, C.R.S.), is enrolled in a school of origin (as defined in section 22-32- 138, C.R.S.) other than an approved facility school or a state-licensed day treatment facility, and was considered a resident of the school district at the time the child became a student in out-of-home placement or at the time of enrollment in the school of origin (whichever is most recent), then the school of origin's administrative unit remains the student's administrative unit of residence regardless of the out-of-home placement's location.2.02(1)(j) Disputes regarding residency If there is a dispute as to which AU constitutes the AUR, the Commissioner of Education shall have the authority to determine questions of residency and thus responsibility after reviewing necessary details involved in the determination of residency.
2.02(2) Administrative unit of attendance An administrative unit of attendance (AUA) shall mean the unit that delivers the special education program for a child. It may be different from the AUR when:
2.02(2)(a) The AUR does not have an adequate number of children with similar needs, and chooses to send the child to another AU for his or her special education program.2.02(2)(b) The child resides at one of the regional centers, mental health institutes, residential child care facilities, hospitals, group care facilities or homes or in a facility formerly operated by or under contract to the Department of Institutions and now transferred to the Department of Human Services, or attends the Colorado School for the Deaf and the Blind and the special education program is provided by an AU other than the AUR.2.02(2)(c) The child attends a Charter School, School of Choice or a public school on-line program and the Special Education program is provided by a special education AU other than the AUR.2.02(3) Alternative Administrative Unit Alternative Administrative Unit means the state charter school institute acting in accordance with section 22-30.5-105.3 as the administrative unit, pursuant to section 22-20-106(1)(b), for a charter school authorized by a school district; a charter school network authorized and acting as an administrative unit pursuant to section 22-20-106(1)(b); or a charter school collaborative authorized and acting as an administrative unit pursuant to section 22-20-106(1)(b).
2.02(4) Multi-district Administrative Unit Multi-district Administrative Unit means a group of two or more school districts that did not form a Board of Cooperative Services but were (a) parties to an agreement existing on January 1, 2011, to provide educational services to exceptional children and to be responsible for the local administration of these Rules, and (b) recognized by the Department as of January 1, 2011, as an administrative unit.
2.03Assistive Technology DeviceAssistive Technology Device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.
2.04Assistive Technology Service2.04(1) Assistive Technology Service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes- 2.04(1)(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;2.04(1)(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;2.04(1)(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;2.04(1)(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;2.04(1)(e) Training or technical assistance for a child with a disability or, if appropriate, that child's family; and2.04(1)(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.2.05Board of Cooperative ServicesBoard of Cooperative Services means a regional educational services unit created pursuant to Article 5 of Title 22, C.R.S. and designed to provide supporting, instructional, administrative, facility, community, or any other services contracted by participating members.
2.06Charter Schools2.06(1)District Charter School means a charter school authorized by a school district pursuant to Part 1 of Article 30.5 of Title 22, C.R.S.2.06(2)Institute Charter School means a charter school authorized by the State Charter School Institute pursuant to Part 5 of Article 30.5 of Title 22, C.R.S.2.06(3) The term charter school includes both district charter schools and institute charter schools, but not charter schools authorized under section 22-80-102(4)(b), C.R.S., unless context otherwise requires.2.06(4)Charter school collaborative means a charter school collaborative formed pursuant to section 22-30.5-603, C.R.S.2.06(5)Charter school network means a charter school network formed pursuant to section 22-30.5-104.7, C.R.S.2.07Child FindChild Find means the program component of child identification that is more fully described in Section 4.02 of these Rules.
2.08Children with DisabilitiesChildren with Disabilities shall mean those persons from three to twenty-one years of age who, by reason of one or more of the following conditions, are unable to receive reasonable benefit from general education. A child shall not be determined to have a disability if the determinant factor for that determination is: lack of appropriate instruction in reading or math or limited English proficiency; and if the child does not otherwise meet the eligibility criteria under this Section 2.08. A child upon reaching his/her third birthday becomes eligible for services as of that date. A child reaching the age of 21 after the commencement of the academic year has the right to complete the semester in which the 21st birthday occurs or attend until he/she graduates, whichever comes first. In such a case, the child is not entitled to extended school year services during the summer following such current academic year. If it is determined, through an appropriate evaluation, under Section 4.02 of these Rules, that a child has one of the following disabilities but only needs a related service (as defined in Section 2.37 of these Rules) and not special education (as defined in Sections 2.43 and 2.51 of these Rules), then the child is not a child with a disability under these Rules. For purposes of Part C of IDEA Child Find activities, Children with Disabilities also means persons from birth to twenty-one years of age consistent with Section 22-20-103(5)(b), C.R.S.
2.08(1) A child with an Autism Spectrum Disorder (ASD) is a child with a developmental disability significantly affecting verbal and non-verbal social communication and social interaction, generally evidenced by the age of three. Other characteristics often associated with ASD are engagement in repetitive activities and stereotyped movements, resistance to environmental changes or changes in daily routines, and unusual responses to sensory experiences. 2.08(1)(a) The Autism Spectrum Disorder prevents the child from receiving reasonable educational benefit from general education as evidenced by at least one characteristic in each of the following three areas (i.e., subsections (a)(i) through (a)(iii), below): 2.08(1)(a)(i) The child displays significant difficulties or differences or both in interacting with or understanding people and events. Examples of qualifying characteristics include, but are not limited to: significant difficulty establishing and maintaining social-emotional reciprocal relationships, including a lack of typical back and forth social conversation; and/or significant deficits in understanding and using nonverbal communication including eye contact, facial expression and gestures;2.08(1)(a)(ii) The child displays significant difficulties or differences which extend beyond speech and language to other aspects of social communication, both receptively and expressively. Examples of qualifying characteristics include, but are not limited to: an absence of verbal language or, if verbal language is present, typical integrated use of eye contact and body language is lacking; and/or significant difficulty sharing, engaging in imaginative play and developing and maintaining friendships; and2.08(1)(a)(iii) The child seeks consistency in environmental events to the point of exhibiting significant rigidity in routines and displays marked distress over changes in the routine, and/or has a significantly persistent preoccupation with or attachment to objects or topics.2.08(1)(b) The following characteristics may be present in a child with ASD, but shall not be the sole basis for determining that a child is an eligible child with ASD if the child does not also meet the eligibility criteria set out in subsection (a) of this rule, above. 2.08(1)(b)(i) The child exhibits delays or regressions in motor, sensory, social or learning skills.2.08(1)(b)(ii) The child exhibits precocious or advanced skill development, while other skills may develop at or below typical developmental rates.2.08(1)(b)(iii) The child exhibits atypicality in thinking processes and in generalization. The child exhibits strengths in concrete thinking while difficulties are demonstrated in abstract thinking, awareness and judgment. Perseverative thinking and impaired ability to process symbolic information is present.2.08(1)(b)(iv) The child exhibits unusual, inconsistent, repetitive or unconventional responses to sounds, sights, smells, tastes, touch or movement.2.08(1)(b)(v) The child's capacity to use objects in an age appropriate or functional manner is absent or delayed. The child has difficulty displaying a range of interests or imaginative activities or both.2.08(1)(b)(vi) The child exhibits stereotypical motor movements, which include repetitive use of objects and/or vocalizations, echolalia, rocking, pacing or spinning self or objects.2.08(2) A child with Hearing Impairment, Including Deafness shall have a deficiency in hearing sensitivity as demonstrated by an elevated threshold of auditory sensitivity to pure tones or speech where, even with the help of amplification, the child is prevented from receiving reasonable educational benefit from general education. 2.08(2)(a) A "deficiency in hearing sensitivity" shall be one of the following as measured by behavioral or electrophysiological audiological assessments: 2.08(2)(a)(i) Three frequency, pure tone average hearing loss in the speech range (500 - 4000 Hertz Hz) of at least 20 decibels Hearing Level (dBHL) in the better ear which is not reversible.2.08(2)(a)(ii) A high frequency, pure tone average hearing loss of at least 35 dBHL in the better ear for two or more of the following frequencies: 2000, 3000, 4000 or 6000 Hz.2.08(2)(a)(iii) A three frequency, pure tone average unilateral hearing loss in the speech range (500 - 4000Hz) of at least 35 dBHL which is not reversible.2.08(2)(a)(iv) A transient hearing loss, meeting one of the criteria in (a)(i) - (a)(iii) above, that is exhibited for three (3) months cumulatively during a calendar year (i.e., any three months during the calendar year) and that typically is caused by non-permanent medical conditions such as otitis media or other ear problems.2.08(2)(b)The Hearing Impairment, Including Deafness, as described above, prevents the child from receiving reasonable educational benefit from general education as evidenced by one or more of the following: 2.08(2)(b)(i) Delay in auditory skills and/or functional auditory performance including speech perception scores (in quiet or noise), which demonstrates the need for specialized instruction in auditory skill development or assistive technology use;2.08(2)(b)(ii) Receptive and/or expressive language (spoken or signed) delay including a delay in syntax, pragmatics, semantics, or if there is a significant discrepancy between the receptive and expressive language scores and/or function which adversely impacts communication and learning;2.08(2)(b)(iii) An impairment of speech articulation, voice and/or fluency;2.08(2)(b)(iv) Lack of adequate academic achievement and/or sufficient progress to meet age or state-approved grade-level standards in reading, writing, and/or math;2.08(2)(b)(v) Inconsistent performance in social and learning environments compared to typically developing peers; and/or2.08(2)(b)(vi) Inability to demonstrate self advocacy skills or utilize specialized technology/resources to access instruction.2.08(3)A child with a Serious Emotional Disability shall have emotional or social functioning which prevents the child from receiving reasonable educational benefit from general education. 2.08(3)(a)Serious Emotional Disability means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree: 2.08(3)(a)(i) An inability to learn which is not primarily the result of intellectual, sensory or other health factors;2.08(3)(a)(ii) An inability to build or maintain interpersonal relationships which significantly interferes with the child's social development;2.08(3)(a)(iii) Inappropriate types of behavior or feelings under normal circumstances;2.08(3)(a)(iv) A general pervasive mood of unhappiness or depression; and/or2.08(3)(a)(v) A tendency to develop physical symptoms or fears associated with personal or school problems.2.08(3)(b) As a result of the child's Serious Emotional Disability, as described above, the child exhibits one of the following characteristics: 2.08(3)(b)(i) Impairment in academic functioning as demonstrated by an inability to receive reasonable educational benefit from general education which is not primarily the result of intellectual, sensory, or other health factors, but due to the identified serious emotional disability.2.08(3)(b)(ii) Impairment in social/emotional functioning as demonstrated by an inability to build or maintain interpersonal relationships which significantly interferes with the child's social development. Social development involves those adaptive behaviors and social skills which enable a child to meet environmental demands and assume responsibility for his or her own welfare.2.08(3)(c) In order to qualify as a child with a Serious Emotional Disability, all four of the following qualifiers shall be documented: 2.08(3)(c)(i) A variety of instructional and/or behavioral interventions were implemented within general education and the child remains unable to receive reasonable educational benefit from general education.2.08(3)(c)(ii) Indicators of social/emotional dysfunction exist to a marked degree; that is, at a rate and intensity above the child's peers and outside of his or her cultural norms and the range of normal development expectations.2.08(3)(c)(iii) Indicators of social/emotional dysfunction are pervasive, and are observable in at least two different settings within the child's environment. For children who are attending school, one of the environments shall be school.2.08(3)(c)(iv) Indicators of social/emotional dysfunction have existed over a period of time and are not isolated incidents or transient, situational responses to stressors in the child's environment.2.08(3)(d) The term "Serious Emotional Disability" does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disability under paragraph (3)(a) of this section 2.08.2.08(4) A child with an Intellectual Disability shall have reduced general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which prevents the child from receiving reasonable educational benefit from general education. 2.08(4)(a) Criteria for Intellectual Disability preventing the child from receiving reasonable educational benefit from regular education shall include: 2.08(4)(a)(i) A full scale score of 2.0 or more standard deviations below the mean on individually administered measures of cognition.2.08(4)(a)(ii) A comprehensive adaptive skills assessment based on a body of evidence that reflects the child's social, linguistic, and cultural background. The level of independent adaptive behavior is significantly below the culturally imposed expectations of personal and social responsibility. This body of evidence shall include results from each of the following: 2.08(4)(a)(ii)(A) A full scale score of 2.0 or more standard deviations below the mean on a standard or nationally normed assessment of adaptive behavior;2.08(4)(a)(ii)(B) Interview of parents; and2.08(4)(a)(ii)(C) Observations of the child's adaptive behavior that must occur in more than one educational setting. A discrepancy must occur in two or more domains related to adaptive behavior in more than one educational setting.2.08(4)(b) A deficiency in academic achievement, either as indicated by scores 2.0 or more standard deviations below the mean in formal measures of language, reading and math, or a body of evidence on informal measures when it is determined that reliable and valid assessment results are not possible due to the student's functioning level.2.08(5) A child with Multiple Disabilities shall have two or more areas of significant impairment, one of which shall be an intellectual disability. The other areas of impairment include: Orthopedic Impairment; Visual Impairment, Including Blindness; Hearing Impairment, Including Deafness; Speech or Language Impairment; Serious Emotional Disability; Autism Spectrum Disorders; Traumatic Brain Injury; or Other Health Impaired. The combination of such impairments creates a unique condition that is evidenced through a multiplicity of severe educational needs which prevent the child from receiving reasonable educational benefit from general education. 2.08(5)(a) In order to be eligible as a child with multiple disabilities, the child must satisfy all eligibility criteria for each individual disability, as described in these Rules. Documentation for each identified eligibility category must be included.2.08(5)(b) The Multiple Disabilities, as described in section 2.08above, prevents the child from receiving reasonable educational benefit from general education such that the child exhibits two or more of the following: 2.08(5)(b)(i) Inability to comprehend and utilize instructional information.2.08(5)(b)(ii) Inability to communicate efficiently and effectively.2.08(5)(b)(iii) Inability to demonstrate problem solving skills when such information is presented in a traditional academic curriculum.2.08(5)(b)(iv) Inability to generalize skills consistently.2.08(6) A child with an Orthopedic Impairment has a severe neurological/muscular/skeletal abnormality that impedes mobility, which prevents the child from receiving reasonable educational benefit from general education.2.08(6)(a)Orthopedic Impairment may be a result of a congenital anomaly (e.g. spina bifida, osteogenesis imperfecta, clubfoot); effects of a disease (e.g. bone tumor, muscular dystrophy, juvenile arthritis); or from other causes (e.g. cerebral palsy, amputations, trauma, and/or fractures or burns that cause contractures).2.08(6)(b) The Orthopedic Impairment, as described above, prevents the child from receiving reasonable educational benefit from general education because the disabling condition interferes with functions of daily living, including but not limited to, ambulation, attention, hand movements, coordination, communication, self-help skills and other activities of daily living, to such a degree that the child requires specialized instruction and related services, which may include special equipment.2.08(7)Other Health Impaired (OHI) means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment due to a chronic or acute health problem, including but not limited to asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, leukemia, kidney disease, sickle cell anemia or Tourette syndrome. As a result of the child's Other Health Impairment, as described above, the child is prevented from receiving reasonable educational benefit from general education, as evidenced by one or more of the following: 2.08(7)(a) Limited strength as indicated by an inability to perform typical tasks at school;2.08(7)(b) Limited vitality as indicated by an inability to sustain effort or to endure throughout an activity; and/or2.08(7)(c) Limited alertness as indicated by an inability to manage and maintain attention, to organize or attend, to prioritize environmental stimuli, including heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment.2.08(8) A child with a Specific Learning Disability shall have a learning disorder that prevents the child from receiving reasonable educational benefit from general education. 2.08(8)(a)Specific Learning Disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific Learning Disability does not include learning problems that are primarily the result of: visual impairment, including blindness; hearing impairment, including deafness; orthopedic impairment; intellectual disability; serious emotional disability; cultural factors; environmental or economic disadvantage; or limited English proficiency.2.08(8)(b) A child may be determined to have a Specific Learning Disability that prevents the child from receiving reasonable educational benefit from general education if a body of evidence demonstrates the following criteria are met: 2.08(8)(b)(i) The child does not achieve adequately for the child's age or to meet state-approved grade-level standards and exhibits significant academic skill deficit(s) in one or more of the following areas when provided with learning experiences and instruction appropriate for the child's age or state-approved grade-level standards: 2.08(8)(b)(i)(A) Oral expression;2.08(8)(b)(i)(B) Listening comprehension;2.08(8)(b)(i)(C) Written expression;2.08(8)(b)(i)(D) Basic reading skill;2.08(8)(b)(i)(E) Reading fluency skills;2.08(8)(b)(i)(F) Reading comprehension;2.08(8)(b)(i)(G) Mathematical calculation;2.08(8)(b)(i)(H) Mathematics problem solving; and2.08(8)(b)(ii) The child does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the areas identified in Section 2.08when using a process based on the child's response to scientific, research-based intervention.2.08(9) A child with a Speech or Language Impairment shall have a communicative disorder which prevents the child from receiving reasonable educational benefit from general education. 2.08(9)(a)Speech or Language Impairment may be classified under the headings of articulation, fluency, voice, functional communication or delayed language development and shall mean a dysfunction in one or more of the following: 2.08(9)(a)(i) Receptive and expressive language (oral and written) difficulties, including syntax (word order, word form, developmental level), semantics (vocabulary, concepts and word finding), and pragmatics (purposes and uses of language);2.08(9)(a)(ii) Auditory processing, including sensation (acuity), perception (discrimination, sequencing, analysis and synthesis), association and auditory attention;2.08(9)(a)(iii) Deficiency of structure and function of oral peripheral mechanism;2.08(9)(a)(iv) Articulation including substitutions, omissions, distortions or additions of sound;2.08(9)(a)(v) Voice, including deviation of respiration, phonation (pitch, intensity, quality), and/or resonance;2.08(9)(a)(vi) Fluency, including hesitant speech, stuttering, cluttering and related disorders; and/or2.08(9)(a)(vii) Problems in auditory perception such as discrimination and memory.2.08(9)(b) The Speech or Language Impairment, as set out above, prevents the child from receiving reasonable educational benefit from general education and shall include one or more of the following:2.08(9)(b)(i) Interference with oral and/or written communication in academic and social interactions in his/her primary language;2.08(9)(b)(ii) Demonstration of undesirable or inappropriate behavior as a result of limited communication skills; and/or2.08(9)(b)(iii) The inability to communicate without the use of assistive, augmentative/alternative communication devices or systems.2.08(10) A child with a Traumatic Brain Injury (TBI) is a child with an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, which impairment adversely affects the child's ability to receive reasonable educational benefit from general education. A qualifying Traumatic Brain Injury is an open or closed head injury resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term "traumatic brain injury" under this rule does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. 2.08(10)(a) To be eligible as a child with a Traumatic Brain Injury, there must be evidence of the following criteria: 2.08(10)(a)(i) Either medical documentation of a traumatic brain injury, or a significant history of one or more traumatic brain injuries reported by a reliable and credible source and/or corroborated by numerous reporters; and2.08(10)(a)(ii) The child displays educational impact most probably and plausibly related to the traumatic brain injury.2.08(10)(b) Additionally, to be eligible as a child with a Traumatic Brain Injury, the traumatic brain injury prevents the child from receiving reasonable educational benefit from general education as evidenced by one or more of the following: 2.08(10)(b)(i) A limited ability to sustain attention and/or poor memory skills, including but not limited to difficulty retaining short-term memory, long-term memory, working memory and incidental memory;2.08(10)(b)(ii) An inefficiency in processing, including but not limited to a processing speed deficit and/or mental fatigue;2.08(10)(b)(iii) Deficits in sensory-motor skills that affect either one, or both, visual or auditory processing, and may include gross motor and/or fine motor deficits;2.08(10)(b)(iv) Delays in acquisition of information including new learning and visual-spatial processing;2.08(10)(b)(v) Difficulty with language skills, including but not limited to receptive language, expressive language and social pragmatics;2.08(10)(b)(vi) Deficits in behavior regulation, including but not limited to impulsivity, poor judgment, ineffective reasoning and mental inflexibility;2.08(10)(b)(vii) Problems in cognitive executive functioning, including but not limited to difficulty with planning, organization and/or initiation of thinking and working skills;2.08(10)(b)(viii) Delays in adaptive living skills, including but not limited to difficulty with activities of daily living (ADL); and/or2.08(10)(b)(ix) Delays in academic skills, including but not limited to reading, writing, and math delays that cannot be explained by any other disability. They may also demonstrate an extremely uneven pattern in cognitive and achievement testing, work production and academic growth.2.08(11) A child with a Visual Impairment, Including Blindness has an impairment in vision that, even with correction, adversely affects the child's educational performance and that requires specialized instruction. The term includes low vision, blindness and/or progressive vision loss. 2.08(11)(a) A determination that a child is an eligible child with a Visual Impairment, Including Blindness may include but not be limited to: 2.08(11)(a)(i) Visual acuity of no better than 20/70 in the better eye after correction;2.08(11)(a)(ii) Visual field restriction to 20 degrees or less; and/or2.08(11)(a)(iii) A physical condition of visual system which cannot be medically corrected and, as such, affects visual functioning to the extent that specially designed instruction is needed. These criteria are reserved for special situations such as, but not restricted to cortical visual impairment and/or a progressive visual loss where field and/or acuity deficits alone may not meet the aforementioned criteria.2.08(12)A child with Deaf-blindness has concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. A child may qualify as an eligible child with Deaf-blindness by meeting one of the following criteria: 2.08(12)(a) The child shall have a deficiency in hearing sensitivity as demonstrated by an elevated threshold of auditory sensitivity to pure tones or speech, as specified in section 2.08(2)(a) and (b); and a deficiency in visual acuity and/or visual field and/or visual functioning, as specified in section 2.08, where, even with the help of amplification and/or use of lenses or corrective devices, he/she is prevented from receiving reasonable educational benefit from general education; or2.08(12)(b) The child has documented hearing and/or visual impairment that, if considered individually per section 2.08(2)(a) and (b) and section 2.08, may not meet the requirements for Hearing Impairment, Including Deafness or Visual Impairment, Including Blindness, but the combination of such losses adversely affect the student's educational performance; or2.08(12)(c) The child has a documented medical diagnosis of a progressive medical condition that will result in concomitant hearing and visual losses.2.08(13) A child with a Developmental Delay shall be three through eight years of age and who is experiencing developmental delays in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development and as a result is unable to receive reasonable educational benefit from general education and requires special education and related services.2.08(13)(a) For children ages three through eight efforts will be made to identify a child's primary disability under one of the other Part B eligibility criteria. A child shall be determined to be eligible under the Developmental Delay category only in those situations in which a clear determination cannot be made under any other category as measured by developmentally appropriate diagnostic instruments and procedures. In order for a child to be deemed a child with a Developmental Delay, multiple sources of information must be used to determine if a child meets one or more of the following criteria: 2.08(13)(a)(i) A score in the seventh percentile or below on a valid standardized diagnostic instrument, or the technical equivalent in standard scores (77 if the mean is 100 and the standard deviation is 15) or standard deviations (1.5 standard deviations below the mean) in one or more of the following areas of development: physical development, cognitive development, communication development, social or emotional development, or adaptive development as one of the multiple sources of evaluation information;2.08(13)(a)(ii) Empirical data showing a condition known to be associated with significant delays in development; or2.08(13)(a)(iii) A body of evidence indicating that patterns of learning are significantly different from age expectations across settings and there is written documentation by the evaluation team which includes the parent(s).2.08(14) An Infant / Toddler with a Disability shall be a child from birth through two years of age meeting the definition and criteria described in 2 CCR 503-1, 16.920 D.2.09Communication Mode or LanguageCommunication Mode or Language means one or more of the following systems or methods of communication applicable to children who are deaf or hard of hearing:
2.09(1) American Sign Language;2.09(2) English-based manual or sign systems; or2.09(3) Oral, aural, or speech-based training.2.10ConsentConsent means that:
2.10(1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;2.10(2) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and 2.10(3)(a) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.2.10(3)(b) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).2.10(3)(c) If the parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.2.11Day; Business Day; School Day2.11(1)Day means calendar day unless otherwise indicated as business day or school day.2.11(2)Business Day means Monday through Friday, except for federal and state holidays (unless holidays are specifically included in the designation of business day (e.g., 34 CFR § 300.148(d)(1) (ii)).2.11(3)School Day has the same meaning for all children in school, including children with and without disabilities and shall mean any day, including a partial day that children are in attendance at school for instructional purposes.2.12DepartmentDepartment means the Department of Education, created and existing pursuant to Section 24-1-115, C.R.S.
2.13Department of Early Childhood Programs2.13(1)Department of Early Childhood (CDEC) means the department of early childhood created in 26.5-1.104, C.R.S.2.13(2)Local Coordinating Organization (LCO) means an entity as defined in 26.5-2-102(5), C.R.S.2.13(3)Preschool Provider means an entity as defined in 26.5-4-203(14), C.R.S.2.13(4)Universal Preschool Program or Preschool Program means the preschool program created in 26.5-4-201et. seq., C.R.S. As defined in 26.5-4-203(4), C.R.S., Preschool Program includes all participating Preschool Providers.2.14Educational Surrogate ParentEducational Surrogate Parent shall mean a person who meets the qualifications established in Section 6.02 of these Rules and is assigned to represent the child in all educational decision-making processes pertaining to the identification, evaluation, educational placement of the child and the provision of a free, appropriate public education to the child whenever the parent of a child with a disability is unknown, cannot be located, is unavailable or the child is a ward of the State. The assignment of an educational surrogate parent shall be in accordance with Section 6.02(8) of these Rules.
2.15EquipmentEquipment means that equipment used especially for the instruction or evaluation of children with disabilities.
2.16ESEAESEA means the federal "Elementary and Secondary Education Act", 20 U.S.C. § § 6301-9276.
2.17Evaluation2.17(1) For purposes of Part B of IDEA, the term "Evaluation" means procedures used in accordance with Section 4.02 of these Rules, to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.2.18Excess CostsWhen used in 34 CFR Part B, Excess Costs means those costs that are in excess of the average annual per-student expenditure in an AU or state-operated program during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting:
2.18(1) Amounts received: 2.18(1)(a) Under Part B of the Act;2.18(1)(b) Under Part A of Title I of the ESEA; and2.18(1)(c) Under Parts A and B of Title III of the ESEA and;2.18(2) Any state or local funds expended for programs that would qualify for assistance under any of the Parts described in paragraph (1) of this Section, but excluding any amounts for capital outlay or debt service. (See Appendix A of 34 CFR Part 300 for an example of how excess costs must be calculated.)2.18(3) This definition for "Excess Costs" is different from the term "Tuition Costs" as defined in Section 9.00 of these Rules.2.19FacilityFacility means a day treatment center, residential child care facility, or other facility licensed by the department of human services pursuant to section 26-6-104, C.R.S., or a hospital licensed by the department of public health and environment pursuant to section 25-1.5-103, C.R.S.
2.19(1)Approved Facility School means an educational program that is operated by a facility or a specialized day school authorized by CDE's Office of Facility Schools to provide educational services to students placed in the facility, including special education services to children with disabilities, and that has been placed, pursuant to section 22-2-407, C.R.S., on the list of facility schools that are approved to receive reimbursement for providing those educational services. An educational program provided by an administrative unit at a facility is not an approved facility school, but rather is an educational program of the administrative unit that does not require approval by the Department.2.20Free Appropriate Public EducationFree Appropriate Public Education or FAPE means special education and related services that:
2.20(1) Are provided at public expense, under public supervision and direction, and without charge;2.20(2) Meet the standards of the Department, including the requirements of these Rules;2.20(3) Include an appropriate preschool, elementary school, or secondary school education in the State; and2.20(4) Are provided in conformity with an individualized education program (IEP) that meets the IEP content, development, review and revision requirements of Section 4.03 of these Rules and 34 CFR § § 300.320 through 300.324.2.21Homeless ChildrenHomeless Children has the meaning given the term Homeless Children and Youths in Section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq. and Section 22-1-102.5, C.R.S.
2.22IDEAIDEA means the federal "Individuals with Disabilities Education Improvement Act of 2004", 20 U.S.C. § 1400 et seq., as amended, and its implementing regulations, 34 CFR Part 300 and also 34 CFR Part 303, as those regulations pertain to child find.
2.23IncludeInclude means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.
2.24Individualized Education ProgramIndividualized Education Program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with Section 4.03 of these Rules and 34 CFR § § 300.320 through 300.324.
2.25Individualized Education Program TeamIndividualized Education Program Team or IEP Team means a group of individuals described in Section 4.03 of these Rules that is responsible for developing, reviewing, or revising an IEP for a child with a disability.
2.26Individual Family Service PlanIndividual Family Service Plan or IFSP means a written statement for a child from birth through two years of age with a disability, which statement is developed, reviewed, and revised in accordance with Part C Child Find of IDEA and with rules promulgated by the Department of Early Childhood..
2.27Institution of Higher EducationInstitution of Higher Education -
2.27(1) Has the meaning given the term in Section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C. 1021 et seq. (HEA); and2.27(2) Also includes any community college receiving funds from the Secretary of the Interior under the tribally controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801, et seq.2.28Least Restrictive EnvironmentConsistent with 34 CFR § 300.114(a)(2), Least Restrictive Environment means that:
2.28(1) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and2.28(2) Special classes, separate schooling, or other removal of children with disabilities from the general educational environment occurs only if the nature or severity of the disability is such that education in general educational classes with the use of supplementary aids and services cannot be achieved satisfactorily.2.29Limited English ProficientLimited English Proficient has the meaning given the term in Section 9101(25) of the ESEA.
2.30Literacy ModeLiteracy Mode means one of the following four systems or methods of achieving literacy applicable to children who are blind:
2.30(1) Auditory Mode means any method or system of achieving literacy that depends upon the auditory senses, including the use of readers, taped materials, electronic speech, speech synthesis, or any combination of the above.2.30(2)Braille means the system of reading and writing by means of raised points, commonly known as Standard English Braille.2.30(3) Print Enlargement means any method or system of achieving literacy that includes optical aids to enhance apprehension of printed material, electronic enlargement or printed material, books and textual materials printed in large print, and any combination of the above.2.30(4) Regular Print Mode means any method or system of achieving literacy that depends upon the apprehension of regular-sized printed material.2.31Local Educational AgencyWhen used in 34 CFR Part B, the term Local Educational Agency means an administrative unit, as defined in Section 2.02 of these Rules, or a state-operated program as defined in Section 2.49 of these Rules.
2.32Native Language2.32(1)Native Language, when used with respect to an individual who is limited English proficient, means the following: 2.32(1)(a) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (1) (b) of this Section.2.32(1)(b) In all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment.2.32(2) For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication).2.33Parent2.33(1)Parent means- 2.33(1)(a) A biological or adoptive parent of a child;2.33(1)(b) A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;2.33(1)(c) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);2.33(1)(d) An individual acting in the place of a biological or adoptive parent (including a grandparent, step-parent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or2.33(1)(e) An educational surrogate parent who has been assigned in accordance with Section 6.02(8) of these Rules.2.33(2)(a) Except as provided in Section (2)(b) of this Rule 2.33, the biological or adoptive parent, when attempting to act as the parent under these Rules and when more than one party is qualified under Section (1) of this Rule 2.33 to act as a parent, must be presumed to be the parent for purposes of this Section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.2.33(2)(b) If a judicial decree or order identifies a specific person or persons under Sections (1)(a) through (d) of this Rule 2.33 to act as the "parent" of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the "parent" for purposes of this Section.2.34Personally IdentifiablePersonally Identifiable means information that contains-
2.34(1) The name of the child, the child's parent, or other family member;2.34(2) The address of the child;2.34(3) A personal identifier, such as the child's social security number or student number; or2.34(4) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.2.35Public AgencyThe term "Public Agency":
2.35(1) When used in connection with out of district placements, shall have the meaning given it in Section 9.01(5) of these Rules.2.35(2) When used in 34 CFR Part 300, shall mean an administrative unit, as defined in Section 2.02 of these Rules, and a state-operated program as defined in Section 2.49 of these Rules.2.36Public PlacementThe term "Public Placement" shall have the meaning given it in Section 9.01(6) of these Rules.
2.37Related Services2.37(1) General. Related Services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes audiology services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; early identification and evaluation of disabilities in children; counseling services, including rehabilitation counseling; orientation and mobility services; and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services; social work services in schools; and parent counseling and training.
2.37(2) Exception. Services that apply to children with surgically implanted devices, including cochlear implants.
2.37(2)(a) Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g., mapping), maintenance of that device, or the replacement of that device.2.37(2)(b) Nothing in Section 2.37(2)(a)- 2.37(2)(b)(i) Limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in paragraph (a) of this Section) that are determined by the IEP Team to be necessary for the child to receive FAPE.2.37(2)(b)(ii) Limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or2.37(2)(b)(iii) Prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required in 34 CFR § 300.113(b).2.37(3) Individual related services terms defined. The terms used in this definition are defined as follows:
2.37(3)(a) Audiology includes- 2.37(3)(a)(i) Identification of children with hearing loss;2.37(3)(a)(ii) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;2.37(3)(a)(iii) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation;2.37(3)(a)(iv) Creation and administration of programs for prevention of hearing loss;2.37(3)(a)(v) Counseling and guidance of children, parents, and teachers regarding hearing loss; and2.37(3)(a)(vi) Determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.2.37(3)(b) Counseling services means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.2.37(3)(c) Early identification and assessment of disabilities in children means the implementation of a formal plan for identifying a disability as early as possible in a child's life.2.37(3)(d) Interpreting services that includes-2.37(3)(d)(i) The following, when used with respect to children who are deaf or hard of hearing: oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, such as communication access real-time translation (CART), c-print, and typewell; and2.37(3)(d)(ii) Special interpreting services for children who are deaf-blind.2.37(3)(e) Medical services means services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services.2.37(3)(f) Occupational therapy-2.37(3)(f)(i) Means services provided by a qualified occupational therapist; and2.37(3)(f)(ii) Includes- 2.37(3)(f)(ii)(A) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;2.37(3)(f)(ii)(B) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and2.37(3)(f)(ii)(C) Preventing, through early intervention, initial or further impairment or loss of function.2.37(3)(g) Orientation and mobility services- 2.37(3)(g)(i) Means services provided to blind or visually impaired children by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and2.37(3)(g)(ii) Includes teaching children the following, as appropriate: 2.37(3)(g)(ii)(A) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);2.37(3)(g)(ii)(B) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for children with no available travel vision;2.37(3)(g)(ii)(C) To understand and use remaining vision and distance low vision aids; and2.37(3)(g)(ii)(D) Other concepts, techniques, and tools.2.37(3)(h) Parent counseling and training means assisting parents in understanding the special needs of their child; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP.2.37(3)(i) Physical therapy means services provided by a qualified physical therapist.2.37(3)(j) Psychological services includes- 2.37(3)(j)(i) Administering psychological and educational tests, and other assessment procedures;2.37(3)(j)(ii) Interpreting assessment results;2.37(3)(j)(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;2.37(3)(j)(iv) Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological testinterviews, direct observation, and behavioral evaluations;2.37(3)(j)(v) Planning and managing a program of psychological services, including psychological counseling for children and parents; and2.37(3)(j)(vi) Assisting in developing positive behavioral intervention strategies.2.37(3)(k) Recreation includes- 2.37(3)(k)(i) Assessment of leisure function; 2.37(3)(k)(ii) Therapeutic recreation services;2.37(3)(k)(iii) Recreation programs in schools and community agencies; and2.37(3)(k)(iv) Leisure education.2.37(3)(l) Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.2.37(3)(m) School health services and school nurse services means health services that are designed to enable a child with a disability to receive FAPE as described in the child's IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person.2.37(3)(n) Social work services in schools includes-2.37(3)(n)(i) Preparing a social or developmental history on a child with a disability;2.37(3)(n)(ii) Group and individual counseling with the child and family;2.37(3)(n)(iii) Working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school;2.37(3)(n)(iv) Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program; and2.37(3)(n)(v) Assisting in developing positive behavioral intervention strategies.2.37(3)(o) Transportation includes- 2.37(3)(o)(i) Travel to and from school and between schools;2.37(3)(o)(ii) Travel in and around school buildings; and2.37(3)(o)(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.2.38Scientifically Based ResearchScientifically Based Research has the meaning given the term in Section 9101(37) of the ESEA.
2.39School2.39(1) Elementary School When used in 34 CFR Part B, Elementary School means a nonprofit institutional day or residential school, including a public elementary charter school that provides elementary education, as determined under State law.
2.39(2) Secondary School When used in 34 CFR Part B, Secondary School means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12.
2.40School DistrictSchool District means a school district organized and existing pursuant to law, but shall not include a junior college district.
2.41Services PlanServices Plan means a written statement that describes the special education and related services the administrative unit will provide to a parentally-placed child with a disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary, consistent with 34 CFR § 300.132, and is developed and implemented in accordance with 34 CFR § § 300.137 through 300.139.
2.42SecretaryThe term "Secretary", when used in 34 CFR Parts 300 and 303, means the Secretary of the United States Department of Education.
2.43Special Education2.43(1) General. 2.43(1)(a)Special Education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including - 2.43(1)(a)(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and2.43(1)(a)(ii) Instruction in physical education.2.43(1)(b) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (1)(a) of this Section - 2.43(1)(b)(i) Speech-language pathology services that includes - 2.43(1)(b)(i)(A) Identification of children with speech or language impairments;2.43(1)(b)(i)(B) Diagnosis and appraisal of specific speech or language impairments;2.43(1)(b)(i)(C) Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;2.43(1)(b)(i)(D) Provision of speech and language services for the habilitation or prevention of communicative impairments; and2.43(1)(b)(i)(E) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.2.43(1)(b)(i)(F) Rule of construction: A child with a disability, as defined in Section 2.08 of these Rules, shall be entitled to receive speech language pathology services as specially designed instruction if the child's IEP Team determines that the child needs speech language pathology services in order to receive a free appropriate public education.2.43(1)(b)(ii) Travel training; and2.43(1)(b)(iii) Vocational education.2.43(2) Individual special education terms defined. The terms in this definition are defined as follows:
2.43(2)(a)At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the general education program.2.43(2)(b)Physical education means -2.43(2)(b)(i) The development of - 2.43(2)(b)(i)(A) Physical and motor fitness;2.43(2)(b)(i)(B) Fundamental motor skills and patterns; and2.43(2)(b)(i)(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and2.43(2)(b)(ii) Includes special physical education, adapted physical education, movement education, and motor development.2.43(2)(c)Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction -2.43(2)(c)(i) To address the unique needs of the child that result from the child's disability; and2.43(2)(c)(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards of the responsible administrative unit or state-operated program as established in Section 8.00 of these Rules.2.43(2)(d)Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to - 2.43(2)(d)(i) Develop an awareness of the environment in which they live; and2.43(2)(d)(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).2.43(2)(e)Vocational education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.2.44Special Education ExpendituresSpecial Education Expenditures are those costs which are incurred by an administrative unit, state-operated program or approved facility school for professional services associated with special education referrals and evaluations of children who may be disabled and for the provision of special education and related services as identified on individual students' Individualized Educational Programs (IEPs), and do not include costs of the regular education program. Special Education expenditures shall be supplemental to the general education program and shall be above what is provided by the administrative unit, state-operated program, or approved facility school for general education students and staff and may include:
2.44(1)Special education teachers;2.44(2)Home-hospital teachers for students with disabilities;2.44(3) Speech-language pathologists and speech-language pathology assistants;2.44(4) Specialty teachers (e.g., adapted physical education teachers, music teachers, art teachers, family and consumer education teachers, and industrial/technical education teachers);2.44(5) Special education instruction paraprofessionals;2.44(6) Educational interpreters;2.44(8) Occupational therapists and occupational therapy assistants;2.44(9) Physical therapists and physical therapy assistants;2.44(10) School psychologists;2.44(11) School social workers;2.44(13) Orientation and mobility specialists;2.44(14) Other special education professionals;2.44(15) Special education administrators and office support;2.44(16) Other noncertified or nonlicensed support;2.44(17) Employee benefits for special education staff;2.44(18) Supplies, materials, and equipment used for individual students' special education programs and services;2.44(19) Purchased service contracts for personal services;2.44(20) Tuition to other administrative units and approved tuition rates to approved facility schools for special education;2.44(21) Staff travel related to special education;2.44(22) Professional development for special education staff, or all staff, if the content of the professional development is specific to services for children with disabilities;2.44(23) Other purchased services related to special education;2.44(24) Dues, fees and other expenditures specific to the special education program; and2.44(25) Parent counseling and training, as defined by the IDEA and its implementing regulations.2.45Special Education ServicesSpecial Education Services or Special Education Programs means the services or programs provided to a child with a disability in conformity with the child's IEP.
2.46State BoardState Board means the State Board of Education, created and existing pursuant to Section 1 of Article IX of the State Constitution.
2.47State Charter School InstituteState Charter School Institute means the State Charter School Institute created pursuant to Part 5 of Article 30.5 of Title 22, C.R.S.
2.48State Educational AgencyThe term "State Educational Agency", when used in 34 CFR Parts 300 and 303, means the Colorado Department of Education.
2.49State-Operated ProgramState-Operated Program means an approved school program supervised by the Department and operated by:
2.49(1) The Colorado School for the Deaf and the Blind, including any schools authorized under Section 22-80-102(4)(b), C.R.S.;2.49(2) The Department of Corrections; or2.49(3) The Department of Human Services, including but not limited to the Division of Youth Corrections and the Mental Health Institutes at Fort Logan and Pueblo.2.50Supplementary Aids and ServicesSupplementary Aids and Services means aids, services, and other supports that are provided in general education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with 34 CFR § § 300.114 through 300.116.
2.51Transition Services2.51(1)Transition Services means a coordinated set of activities for a child with a disability that - 2.51(1)(a) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;2.51(1)(b) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes - 2.51(1)(b)(i) Instruction;2.51(1)(b)(ii) Related services;2.51(1)(b)(iii) Community experiences;2.51(1)(b)(iv) The development of employment and other post-school adult living objectives; and2.51(1)(b)(v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.2.51(2)Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.2.52Universal DesignThe term "Universal Design", when used in 34 CFR Parts 300 and 303, has the meaning given the term in Section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. 3002.
2.53Ward of the StateAs used in 34 CFR Part B, the term Ward of the State means:
2.53(1) General. Subject to 2.53(2) of this Section, ward of the State means a child who, as determined by the State where the child resides, is - 2.53(1)(a) A foster child;2.53(1)(b) A ward of the State; or2.53(1)(c) In the custody of a public child welfare agency.2.53(2) Exception. Ward of the State does not include a foster child who has a foster parent who meets the definition of a parent in Section 2.33 of these Rules.38 CR 09, May 10, 2015, effective 6/1/201539 CR 03, February 10, 2016, effective 3/1/201645 CR 09, May 10, 2022, effective 6/30/202246 CR 11, June 10, 2023, effective 6/30/202347 CR 11, June 10, 2024, effective 6/30/2024