1 Colo. Code Regs. § 301-8-3.00

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

Section 1 CCR 301-8-3.00 - ADMINISTRATION

3.01Standards For Administrative Units

3.01(1) A special education AU shall satisfy the following standards:

3.01(1)(a) The AU shall be deemed to be of sufficient size and geographic makeup if it fulfills the requirements of the IDEA, the ECEA, and their implementing regulations. Administrative unit compliance with these requirements shall be measured by:

3.01(1)(a)(i) The AU's performance as determined by monitoring activities conducted by the Department including: desk audits; focused and comprehensive on-site monitoring; dispute resolution findings; and verification activities to ensure timely correction of noncompliance;

3.01(1)(a)(ii) The AU's performance as determined by its annual determination issued by the Department consistent with 34 CFR § 300.604 and related indicators under Colorado's IDEA Part B State Performance Plan;

3.01(1)(a)(iii) A federal application, approved by the Department, for IDEA Part B and Preschool grant funds;

3.01(1)(a)(iv) Compliance with all federal and state reporting requirements, including fiscal and data reporting requirements;

3.01(1)(a)(v) Compliance with IDEA Part B and IDEA Preschool grant fiscal requirements, including maintenance of effort, excess costs and "supplement not supplant" requirements;

3.01(1)(a)(vi) Maintaining auditable documentation to track expenditures of state and federal special education funds, to ensure that the funds are used solely for allowable uses, as defined by federal and state law;

3.01(1)(b) Provide for sufficient instructional and related services staff to identify and evaluate children who are suspected of having a disability, and plan for and provide appropriate services for all children with disabilities as defined by ECEA Rule 2.08.

3.01(1)(c) Employment of a properly licensed and endorsed professional who will function at least half time as director of special education and who has the authority and responsibility to assure that all the duties and responsibilities of the AU as specified in these Rules are carried out.

3.01(1)(d) Development and implementation of compliant special education comprehensive plan as required by IDEA and approved by the Department.

3.01(1)(e) Accurate completion and submission of all special education student, staff, cost and revenue data on or before dates established by the Department of Education.

3.01(1)(f) Governance by a board which may be a local board as follows:

3.01(1)(f)(i) In the case of a single district AU, the local board of education;

3.01(1)(f)(ii) In the case of an AU that is a board of cooperative services, the board of cooperative services;

3.01(1)(f)(iii) In the case of a multi-district AU, governance consistent with the AU's operating agreement;

3.01(1)(f)(iv) In the case of the Charter School Institute, the Institute Board; and

3.01(1)(f)(v) In the case of a charter school collaborative or charter school network, governance consistent its governing charter or agreement.

3.01(2) Organization of Administrative Units

Every school district and Board of Cooperative Services that provides services to children with disabilities shall be an administrative unit or a part of an administrative unit. Every charter school shall be part of an administrative unit, which may be an alternative administrative unit.

3.01(2)(a) Districts that do not meet the qualifications of an administrative unit shall enter into an operating agreement to become part of an approved administrative unit that is a board of cooperative services and shall abide by all policies and procedures contained in that unit's comprehensive plan. Multi-district administrative units shall have signed operating agreements entered into by the administrative unit with its member districts. Such operating agreements shall clearly set out the special education responsibilities of the administrative unit and each member district and shall be binding throughout the period of the operating agreement, regardless of change in governance of the member school districts, change in composition of the administrative unit, or personnel changes in a member district or the administrative unit. The operating agreement shall also address the special education fiscal arrangement between the AU and its member districts.

3.01(2)(b) The administrative unit shall provide special education services to all children with disabilities within its responsibility as defined in Section 8.00 of the Rules.

3.01(2)(c) Existing units that do not meet the qualifications and/or for the efficient administration of or provision of services stipulated in these Rules shall be subject to revocation of unit status and loss of all state and federal special education funds. Notice of such revocation shall be in writing from the Department of Education and subject to the appeal process.

3.01(3) Applications for new or reorganized Administrative Units

3.01(3)(a) Administrative units or member school districts of administrative units desiring to form new or reorganized administrative units shall submit an application to the State Director of Special Education and the AU of which the district is currently a member by September 1 (or the next business day, if September 1 falls on a weekend or holiday) of the year preceding the fiscal year in which the new administrative unit proposes to begin operation. This application will demonstrate it has the capacity to meet the standards of 3.01 and shall include:

3.01(3)(a)(i) A letter of intent that:

3.01(3)(a)(i)(A) Specifies the objectives to be sought by the change;

3.01(3)(a)(i)(B) Outlines how the proposed administrative unit will comply with the requirements of the ECEA Rules, including the operating agreement requirement for multi-district administrative units;

3.01(3)(a)(i)(C) Includes a proposed compliant comprehensive plan for the newly reorganized administrative unit(s);

3.01(3)(b) For any applicant(s) that has not met its current maintenance of effort requirement, the application must demonstrate that the current and the proposed administrative units will satisfy the maintenance of effort requirement;

3.01(3)(c) For any applicant(s) that has not met the federal and state requirements for provision of special education services to students with disabilities, the application must demonstrate that the proposed administrative unit will have the capacity to meet those requirements.

3.01(3)(d) Either the Department or any entity impacted by an application for a new or reorganized administrative unit may request the entity seeking the change to secure and pay for a report prepared by a Department-approved independent third party, which report shall describe the anticipated revenues and expenditures for all affected administrative units. The independent third party shall possess sufficient expertise in the following areas: accounting, special education budget development and projection, and special education fiscal requirements. The request for the third-party report must be made within 14 calendar days of the day the Department notifies the applicant and affected entities that the application is complete (see Rule 3.01(4)).

3.01(3)(e) A charter school network or charter school collaborative seeking to become approved and designated as an administrative unit shall submit an application to the State Director of Special Education pursuant to this Rule 3.01(3), which application shall also include evidence that each charter school expected to participate in the new administrative unit:

3.01(3)(e)(i) Demonstrates the capacity and commitment to serve children with disabilities, as defined in section 22-20-103, C.R.S., through an analysis of the charter school's existing record of serving children with disabilities or by expressly submitting a plan to the new administrative unit articulating an existing or intended commitment;

3.01(3)(e)(ii) Creates a strategic plan for the enrollment of children with disabilities in the charter school to increase educational options for families with children with disabilities;

3.01(3)(e)(iii) Has or develops and implements special education programming that results in the continued enrollment of children with disabilities;

3.01(3)(e)(iv) Has or develops and implements multi-tiered systems of support to identify and refer children with disabilities to special education services; and

3.01(3)(e)(v) Demonstrates how the new administrative unit will allow the charter school to better and more efficiently serve children with disabilities.

3.01(4) Timelines for Review of Application for a New or Reorganized Administrative Unit Upon receipt of an application to form a new or reorganized administrative unit, the Department shall review the application to determine whether it contains the documentation and information required by this Rule. The Department shall have until September 22 (or the next business day, if September 22 falls on a weekend or holiday) to determine whether the application is complete and to provide the applicant and affected entities with written notification of this determination.

3.01(4)(a) If an applicant to form a new or reorganized administrative unit fails to timely submit a complete application containing the documentation and information required by this Rule, the application shall be deemed incomplete and shall be denied.

3.01(4)(b) If an applicant to form a new or reorganized administrative unit timely submits a complete application and the Department determines that it does not require additional information or documentation, the Department shall have until November 30 (or the next business day, if November 30 falls on a weekend or holiday) to approve or deny the application.

3.01(4)(c) If an applicant timely submits a complete application but the Department or another entity determines it requires additional information or documentation, the Department's notification shall identify the specific information or documentation requested, including, as necessary, information from affected administrative units. The applicant shall provide the requested information or documentation to the Department by October 1. The Department shall have until November 30 (or the next business day, if November 30 falls on a weekend or holiday) to approve or deny the application.

3.01(5) Department of Education Approval of Application for a New or Reorganized Administrative Unit

3.01(5)(a) The Department shall approve an application for a new or reorganized administrative unit only if the application materials submitted by the applicant demonstrate:

3.01(5)(a)(i) That the proposed administrative unit will be able to meet all of its obligations, including maintenance of effort, under state and federal special education law; and

3.01(5)(a)(ii) That the existing or remaining administrative unit will be able to meet all of its obligations, including maintenance of effort, under state and federal special education law.

3.01(5)(b) In reviewing an application, the Department shall also consider the impact of approving additional administrative units on the efficiency and effectiveness of all existing AUs and on the Department.

3.01(5)(c) The Department shall present its decision approving or denying an application in writing to the applicant and affected entities, including its reasons for denying an application, as applicable.

3.01(5)(d) If an affected entity disagrees with the determination of the Department, the affected entity may appeal the decision to the Commissioner of the Department of Education. In hearing an appeal, the Commissioner shall only overturn a decision by the Department upon a finding that that in approving or denying the application, the Department or the applicant violated the application procedures or processes required by the ECEA, or that the Department's decision was not supported the evidence presented in the application. The party bringing the appeal bears all burdens of proof, presentation, and persuasion to demonstrate that the decision of the Department should be overturned.

3.01(5)(d)(i) The affected entity shall submit its appeal to the Commissioner within 60 days of the entity's receipt of the Department's decision to approve or deny the application.

3.01(5)(d)(ii) The Commissioner shall consider the appeal and make a determination concerning the appeal within 60 days of the date the appeal is submitted. The Commissioner shall provide written notice of the decision on appeal to the affected entity.

3.01(5)(d)(iii) The decision of the Commissioner shall be final and shall not be subject to further review.

3.02Standards for Approved Facility Schools, State Operated Programs, and Department of Early Childhood Programs

3.02(1) Approved Facility Schools - see Rules for the Administration of the Facility Schools Act, 1 CCR 304-1.

3.02(2) State Operated Programs

3.02(2)(a) Minimum Standards for State Operated Programs.

State Operated Programs shall satisfy the following standards.

3.02(2)(a)(i) Employment of sufficient instructional and related services staff to identify and assess children who are suspected of having a disability, and plan for and provide appropriate services for all children who have been determined to have a disability.

3.02(2)(a)(ii) Each state-operated program shall employ or contract in writing, on at least a part-time basis, for a Director of Special Education who meets the qualification standards established by Section 3.04(1)(d) of these Rules.

3.02(2)(a)(iii) Development and implementation of an approved special education comprehensive plan.

3.02(2)(a)(iv) Accurate completion and submission of all special education student, staff, cost and revenue data on or before dates established by the Department of Education.

3.02(2)(a)(v) Provision of special education and related services to all children with disabilities placed in or committed to the State Operated Program.

3.02(3)Department of Early Childhood Programs

3.02(3)(a) Minimum Standards for Department of Early Childhood Programs.

The Colorado Department of Education is the state educational agency responsible for compliance with IDEA, Part B, and the ECEA, including compliance within Department of Early Childhood programs. The local administrative unit is the local education agency responsible for identification, placement, re-evaluation, of special education and related services for students with disabilities. Accordingly, Department of Early Childhood Programs shall satisfy the following minimum standards related to IDEA Part B and the ECEA.

3.02(3)(a)(i) Complete all training and certification requirements established by the Department of Education for identifying children suspected of having a disability and referring such children to the appropriate administrative unit for evaluation. Preschool Providers that have provided services to children with disabilities in prior Colorado public preschool programs are exempt from this requirement.

3.02(3)(a)(ii) Preschool Providers shall complete all special education training and licensing or authorization requirements for early childhood educators established by the Department of Education prior to any placement by the administrative unit of a child with disabilities in its program. Preschool Providers that have provided services to children with disabilities in prior Colorado public preschool programs are exempt from this requirement.

3.02(3)(a)(iii) Preschool providers that may provide preschool services to children with disabilities shall comply with all state and federal laws, regulations, requirements, including requirements and corrective actions established by the relevant administrative unit prior to placement by the administrative unit of a child with disabilities in its program.

3.02(3)(a)(iv) Preschool Providers shall employ sufficient staff that have completed the training and licensing or authorization requirements for early childhood educators established by the Department of Education prior to such staff providing services to children with disabilities at the direction of the administrative unit.

3.02(3)(b) Dispute Resolution Process for Special Education-Related Disputes Between Administrative Units and Department of Early Childhood Programs

The following dispute resolution process applies to special education-related disputes between administrative units and Department of Early Childhood Programs. This process does not apply to disputes between an administrative unit and the state Department of Early Childhood. Disputes between parents/guardians and education providers are governed by Section 6 of these rules.

3.02(3)(b)(i) The Department of Early Childhood (CDEC) program and the administrative unit will arrange to discuss issues and work to resolve the dispute at the local level.

3.02(3)(b)(ii) If the parties are unable to resolve issues at the local level, the administrative unit may implement this dispute resolution process by notifying the Colorado Department of Education (CDE) or may seek other legal or equitable remedies that may be available to the administrative unit.

3.02(3)(b)(iii) The dispute resolution process is initiated by the administrative unit providing written notice to the CDE and the other parties to the dispute, describing the dispute with specificity and identifying the relief requested. The other parties to the dispute shall have fifteen calendar days to provide a written response. The parties to the dispute shall provide CDE with all documents and information requested by CDE, including, without limitation, any agreements between the parties, that are relevant in resolving the dispute.

3.02(3)(b)(iv) CDE, in consultation with CDEC as CDE deems appropriate, may implement, and apply remedies and sanctions, as reasonably necessary, including requirements of local agreements, training and technical assistance from state staff, or other appropriate remedies to effectively resolve the issues presented to CDE. Any decision issued by CDE is binding and must be implemented by the administrative unit and the CDEC program. Nothing in this Section 3.02shall be interpreted to confer authority on CDEC to issue orders, relief, or remedies.

3.03Resource Allocation

Sufficient personnel shall be available to provide for identification, referral, evaluation, determination of disability and eligibility for special education services and development and review of IEPs, and to provide appropriate special education instructional and related services to implement all IEPs for children with disabilities.

3.03(1) Each administrative unit shall have a method or standards by which it determines the number and types of special education personnel required to meet the needs of children with disabilities. Such method or standard shall be a part of the local comprehensive plan.

3.03(2) Each administrative unit shall assure that licensed/certificated personnel qualified in a child's identified area(s) of need will have diagnostic and ongoing instructional responsibilities and contact with the child and the child's other service providers and parents.

3.04Personnel Qualifications

All personnel providing special education services to children with disabilities shall be qualified.

3.04(1) Personnel qualifications

3.04(1)(a) Teachers

3.04(1)(a)(i) Special education

All special education teachers shall hold Colorado teacher's certificates or licenses with appropriate endorsements in special education. Special education teachers shall also meet the requirements under 34 C.F.R. § 300.156.

Each special education teacher will serve, at a minimum, a majority of special education students with the same identified area of need as that teacher's special education license or certification endorsement. The endorsement level must be appropriate for the age being taught.

3.04(1)(a)(ii) Home-hospital

Home-hospital teachers for children with disabilities shall hold Colorado teacher's certificates or licenses.

3.04(1)(a)(iii) Specialty

Specialty teachers in music, art, adapted physical education, home economics, industrial arts and vocational education shall possess Colorado teacher's certificates or licenses with endorsements in the area of instruction.

3.04(1)(b) Related services personnel

All related services personnel providing services to children with disabilities shall hold Colorado special services licenses or certificates with appropriate endorsements. For those areas for which Colorado special services licenses or certificates are not available, appropriate licenses from the state regulatory agency or professional organization registration are required.

3.04(1)(c) Special education coordinators

Special education coordinators shall have at least a Bachelor's degree and certification and/or licensure in a relevant field. Documentation of their expertise shall be submitted to the Department of Education.

3.04(1)(d) Administrators

Special education directors and assistant directors must possess a certificate or administrator's license with appropriate endorsement.

3.04(1)(e) Paraprofessionals

Each AU or approved facility school will determine the qualifications and competencies required for paraprofessionals. Administrative units and approved facility schools shall assure and document that they meet the requirements for supervision of non-certificated personnel as mandated under Section 22-32-110(1)(ee), C.R.S.

3.04(1)(f) Educational Interpreters

As of July 1, 2000, any person employed as an Educational Interpreter by an AU or approved facility school on a full-time or part-time basis shall meet the following minimum standards, and documentation for meeting these standards must be renewed every five years:

3.04(1)(f)(i) Demonstration of a rating of 3.5 (average) or better in the four areas of the Educational Interpreter Performance Assessment (EIPA).

3.04(1)(f)(ii) Documented content knowledge in these areas: child development, language development, curriculum, teaching and tutoring methods, deafness and the educational process for deaf children.

The Colorado Department of Education will provide guidelines for the implementation of these minimum standards.

3.04(2) [Expired 05/15/2014 per House Bill 14-1123]

3.04(3) Temporary Educator Eligibility (TEE) Authorization / Special Education Temporary Authorization (SETA)

Authorization for Temporary Educator Eligibility (TEE) for staff providing special education and related services to students with disabilities shall be formally referred to as Special Education Temporary Authorization (SETA) and conducted in accordance with Section 4.13 of the Rules for the Colorado Educator Licensing Act of 1991 at 1 CCR 301-37, 2260.5-R-4.13.

3.05Staff Development

Administrative units and approved facility schools shall provide for staff development to assure opportunities for appropriate educational services to children with disabilities.

3.05(1) Opportunities for staff development shall be provided to foster the continuing development of the awareness, skills and knowledge of each staff member.

3.05(1)(a) Opportunities for staff development shall be furnished to all staff providing direct or indirect services to children with disabilities.

3.05(1)(b) Opportunities for staff development activities shall be designed to bring about changes in knowledge, attitudes, actual performance skills and interpersonal relations of staff members.

3.05(2) Staff development shall include an evaluation component to determine its effectiveness.

3.06Program Evaluation

Each administrative unit or approved facility school shall maintain records of results of all qualitative and quantitative evaluations of special education services rendered. Evaluations of special education services shall occur annually and within a period of five years systematically cover aspects of services to children with disabilities. Such evaluations shall review:

3.06(1) Extent to which quality special education policies and practices are in place and where improvements can occur.

3.06(2) Degree to which children with disabilities are achieving their individual goals as well as school, district, and state standards and student outcomes.

1 CCR 301-8-3.00

38 CR 09, May 10, 2015, effective 6/1/2015

39 CR 03, February 10, 2016, effective 3/1/2016

45 CR 09, May 10, 2022, effective 6/30/2022

46 CR 11, June 10, 2023, effective 6/30/2023