1 Colo. Code Regs. § 301-8-4.00

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

Section 1 CCR 301-8-4.00 - CHILD FIND, EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS

4.01Parental Consent

Except for IDEA Part C Child Find, the parental consent requirements and procedures set forth in 34 CFR § 300.300 shall apply in their entirety to this Section 4.00.

4.02Child Identification Process

4.02(1) General Requirements

4.02(1)(a) Administrative Units.

Each administrative unit shall develop and implement procedures for locating, identifying and evaluating all children ages three to 21 who may have a disability and are eligible for special education services under IDEA Part B (ages 3 to 21) even though such children are advancing from grade to grade. Such procedures shall be available throughout the year to all children including children who have not yet entered school, children who discontinue their education, children who are attending private schools, children whose parents choose home schooling, children who are wards of the State or children who are highly mobile (such as migrant or homeless children) and may be suspected of having a disability.

4.02(1)(a)(ii) IDEA Part B Child Identification

Part B child identification shall include child find, special education referral, initial evaluation, and determination of disability and eligibility for special education. Child identification shall be the responsibility of the administrative unit in which the child attends public or private school or, if (s)he is not enrolled in school, it shall be the responsibility of the administrative unit in which the child resides. For children ages 3 to 21 under IDEA Part B, child identification shall be consistent with Sections 4.01 and 4.02 of these Rules.

4.02(1)(b) State-Operated Programs - Part B Child Identification.

For children for whom a state-operated program is responsible, as established in Section 8.00 of these Rules, each state-operated program shall adopt and implement procedures for locating, identifying and evaluating all children who may have a disability and be eligible for special education, even though they are advancing from grade to grade. Child identification, when used in connection with state-operated programs, includes relevant components of child find; special education referral; initial evaluation; and determination of disability and eligibility.

4.02(1)(c) Department of Early Childhood Programs - Part B Child Identification.

The Colorado Department of Education is the state educational agency responsible for compliance with IDEA Part B and ECEA. Administrative Units are the local educational agencies pursuant to IDEA Part B and ECEA and are responsible for Child Find evaluations. However, Department of Early Childhood programs may receive information about preschool children that triggers Child Find identification and referral obligations. Each Department of Early Childhood program shall comply with the Child Find identification and referral procedures established by the Department of Education. The administrative unit of residence shall remain responsible for all Child Find evaluation requirements.

4.02(2) IDEA Part B Child Find.

4.02(2)(a) The IDEA Part B child find process shall:

4.02(2)(a)(i) Be a process designed to inform the public and to identify children ages 3 to 21 who may be eligible to receive special education services. Notice shall be published or announced in newspapers or other media with adequate circulation to notify parents throughout the administrative unit.

4.02(2)(a)(ii) Be designed to utilize available resources within the community.

4.02(2)(a)(iii) Involve families and provide information to the families.

4.02(2)(b) Each administrative unit and state-operated program shall have one person designated as the child find coordinator who shall be responsible for an ongoing child identification process.

4.02(2)(c) The child find process shall include specific strategies for children 3 through five years of age, children in school, and children out of school who are discontinuers or dropouts. It shall be available throughout the year and shall include the following components:

4.02(2)(c)(i) Planning and development in the areas of public awareness, community referral systems, community and building based screening, diagnostic evaluations, service coordination and staff development.

4.02(2)(c)(ii) Coordination and implementation in the areas of interagency collaboration, public awareness, referral, screening and resource coordination.

4.02(2)(c)(iii) Screening procedures for identifying from the total population of children ages 3 to 21 years those who may need more in-depth evaluation to determine eligibility for special education and related services.

Follow up to vision and hearing screening shall interface with the vision and hearing screenings which occur for all children in public kindergarten, grades 1, 2, 3, 5, 7 and 9 yearly in accordance with Section 22-1-116, C.R.S. Appropriate educational referrals shall be made if the child is suspected of having an educationally significant vision or hearing loss and parents shall be informed of any need for further medical evaluation.

4.02(2)(c)(iv) A systematic procedure for considering those children ages 17 to 21 who are out of school and who may have a disability.

4.02(2)(c)(v) Referral procedures to ensure that parents of children are given information about all public and private resources that can meet identified needs. This may include a process for a building level referral. The purpose of the building level process is to consider all pertinent information, the unique needs of the child and to generate alternative strategies, such as Response to Intervention (RtI), for meeting these needs in non-special education settings or to determine the need for special education referral. These procedures may include dropout prevention strategies and recruitment of special education discontinuers.

4.02(2)(c)(vi) Evaluation of the effectiveness and efficiency of child identification procedures.

4.02(3) Special Education Referral Process

A special education referral shall be clearly distinguished from a building level referral or a referral for screening both of which are regular education processes. The administrative unit or state-operated program shall establish and follow procedures for referring a child for an initial evaluation to determine whether the child has a disability and needs special education and related services.

4.02(3)(a) A special education referral may be initiated by:

4.02(3)(a)(i) An administrative unit or state-operated program because of a building level screening and/or referral process; or

4.02(3)(a)(ii) The parent of the child; or

4.02(3)(a)(iii) A Department of Early Childhood program.

Any other interested person who believes that a child needs an initial evaluation must work with the parent or the appropriate administrative unit, state-operated program, or Department of Early Childhood program.

4.02(3)(b) Parental Notification of Referral

4.02(3)(b)(i) Referrals from an administrative unit or state operated program: A parent of any child referred shall be informed of the referral and be provided with prior written notice consistent with Section 6.02 and 34 CFR § 300.503 and a copy of the Procedural Safeguards Notice consistent with Section 6.02 and 34 CFR § 300.504.

4.02(3)(b)(ii) Referrals from a Department of Early Childhood Program: The program shall comply with all Child Find procedures established by the Department of Education for parental notification of referral. The administrative unit of residence shall remain responsible for all Child Find evaluation requirements.

4.02(3)(c) Once a written special education referral has been initiated, the initial evaluation, shall be completed within 60 calendar days from the point of initiation of the special education referral. The special education referral process is initiated when one of the following occurs:

4.02(3)(c)(i) The parent is informed of the special education referral as a result of the building level process or screening and the parent provides written consent to conduct the initial evaluation; or

4.02(3)(c)(ii) The request for an initial evaluation is received from the parent and the parent provides written consent to conduct the initial evaluation.

4.02(3)(c)(iii) Exception. The time frame described in Section 4.02within which to conduct an initial evaluation shall not apply to the administrative unit or state-operated program if:

4.02(3)(c)(iii)(A) The parent of a child repeatedly fails or refuses to produce the child for evaluation; or

4.02(3)(c)(iii)(B) A child enrolls in a school of another AU or state-operated program after the relevant timeframe in Section 4.02 of these Rules has begun, and prior to a determination by the child's previous AU or state-operated program as to whether the child is child with a disability under Section 2.08 of these Rules.

4.02(3)(c)(iv) The exception in Section 4.02applies only if the subsequent AU or state-operated program is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent AU or state-operated program agree to a specific time when the evaluation will be completed.

4.02(3)(d) A record shall be maintained of the disposition of each special education referral.

4.02(4) Initial Evaluation Process.

An initial evaluation process for children ages three to twenty-one shall be provided for the purposes of determining whether the child is a child with a disability under Section 2.08 of these Rules and what the educational needs of the child are. The requirements and procedures for initial evaluations shall be in accordance with 34 CFR § 300.301, § 300.304 and § 300.305 and shall ensure that the initial evaluation is sufficiently comprehensive to appropriately identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

4.02(4)(a) Parental Consent.

Prior to conducting an initial evaluation, the administrative unit or state-operated program shall comply with the parental consent requirements set forth in 34 CFR § 300.300.

4.02(4)(b) Screening for instructional purposes is not an evaluation.

The screening of a student by a teacher or a specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

4.02(4)(c) Personnel shall be appropriately licensed and endorsed.

Administrative unit and state-operated program personnel evaluating children for the purpose of determining eligibility for special education services shall be appropriately licensed and endorsed. For those areas where CDE licensure and endorsement are not available, appropriate professional licensure, registration or credentials is required.

4.02(5) Reevaluations.

The requirements and procedures for conducting and completing reevaluations shall be consistent with 34 CFR § 300.303 and Section 4.02(4) of these Rules. The additional procedures for identifying specific learning disability shall also be utilized consistent with Section 4.02(7) of these Rules.

4.02(6) Determination of Disability and Eligibility.

Requirements and procedures for determining disability and eligibility shall be consistent with 34 CFR § 300.306. Once a special education referral has been made and the initial evaluation has been completed, a meeting shall be held to determine if the child has a disability and if the child is eligible for special education. If the child is determined to have a disability and is eligible, an IEP shall be developed for the child in accordance with Section 4.03 of these Rules. These functions may occur at the same meeting or at different meetings.

4.02(6)(a) Timeline.

4.02(6)(a)(i) A meeting to discuss the initial evaluation of the child and to determine if the child has a disability and is eligible for special education shall be held within a reasonable time after the initial evaluation is completed.

4.02(6)(a)(ii) Following a reevaluation, a meeting shall be held within a reasonable time to discuss the reevaluation of the child to determine if the child continues to be eligible for special education and/or to identify all of the child's special education and related services needs.

4.02(6)(b) Participants.

Meetings to determine if the child has a disability and is eligible for special education, whether held separately or in connection with a meeting to develop an IEP, must include:

4.02(6)(b)(i) A multidisciplinary team knowledgeable about the child and about the meaning of the evaluation data. The multidisciplinary team shall include:

4.02(6)(b)(i)(A) At least one teacher or other specialist with knowledge in the area of the child's suspected disability;

4.02(6)(b)(i)(B) As necessary, other qualified professionals, e.g., an occupational therapist; a speech language pathologist; a physical therapist; and a school psychologist; and

4.02(6)(b)(i)(C) The parent of the child.

4.02(6)(b)(ii) At the discretion of the special education director for the administrative unit of residence, the special education director or designee for the administrative unit of residence.

4.02(6)(c) Change of disability and/or eligibility.

A change of disability and/or eligibility may only be made after reevaluation conducted in accordance with Section 4.02 of these Rules and at a meeting in which the results of reevaluation are considered in accordance with Section 4.02. In addition, a change involving a specific learning disability shall be made consistent with the additional procedures set forth in Section 4.02(7) of these Rules.

4.02(6)(c)(i) The evaluation described in Section 4.02is not required before the termination of a child's eligibility for special education due to graduation from secondary school with a regular diploma, or due to reaching age 21.

4.02(6)(c)(ii) For a child whose eligibility terminates under circumstances described in Section 4.02, the administrative unit/state-operated program must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

4.02(7) Additional procedures for identifying children with specific learning disabilities.

The definition and criteria for the Specific Learning Disability category are set forth in Section 2.08 of these Rules. The additional requirements and procedures for identifying children with specific learning disabilities shall be consistent with 34 CFR § 300.307(b), § 300.308, § 300.309(b) - (c), § 300.310 and § 300.311.

4.02(7)(a) Exception: The optional documentary statement contained in 34 CFR § 300.311(a)(5)(ii)(B) shall not apply.

4.02(8) Record of meeting.

If the determination of disability and eligibility occur at a separate meeting from the IEP meeting, a record of the meeting shall be maintained which must include, when applicable, a statement of the child's disability and the criteria utilized to determine eligibility as identified in Section 2.02 of these Rules.

4.03Individualized Education Programs

The term "Individualized Education Program" or "IEP" means a written statement for each child with a disability that is developed, reviewed and/or revised in accordance with these Rules. Except as is otherwise set forth in this Section 4.03, the requirements regarding IEPs shall be consistent with 34 CFR § 300.320 through § 300.325.

4.03(1) The requirements governing when IEPs must be in effect shall be consistent with 34 CFR § 300.323. The topics addressed by 34 CFR § 300.323 include:

4.03(1)(a) The general requirement that an IEP for each child with a disability must be in effect at the beginning of each school year;

4.03(1)(b) Options for utilizing an IEP for children aged three through five;

4.03(1)(c) The administrative unit of residence shall participate in meetings regarding the transition planning process from infant/toddler to special education preschool services consistent with the requirements of 34 CFR § 300.124;

4.03(1)(d) The initial provision of services, including timelines;

4.03(1)(d)(i) Exception: The initial IEP for a child shall be developed within 90 calendar days of the date that parental consent was obtained to conduct the initial evaluation.

4.03(1)(e) Accessibility of the child's IEP to teachers and others;

4.03(1)(f) IEPs for children who transfer public agencies within the State;

4.03(1)(g) IEPs for children who transfer from another State; and

4.03(1)(h) Transmittal of records.

4.03(2) The requirements for the development, review, and revision of the IEP shall be consistent with 34 CFR § 300.324. The topics covered by 34 CFR § 300.324 include:

4.03(2)(a) General factors that the IEP Team must consider;

4.03(2)(b) Special factors that the IEP Team must consider;

4.03(2)(c) Requirements with respect to the general education teacher;

4.03(2)(d) IEP changes mutually agreed to by the parent and the administrative unit or state-operated program after the annual IEP review meeting and without convening the IEP Team;

4.03(2)(e) Consolidation of IEP Team meetings;

4.03(2)(f) Amendments to the IEP;

4.03(2)(g) Review and revision of the IEP;

4.03(2)(h) Failure to meet transition objectives;

4.03(2)(i) Rule of construction;

4.03(2)(j) Children with disabilities in adult prisons;

4.03(3) Meetings to review and revise each child's IEP and to determine the child's placement shall be initiated and conducted at least once every 365 days.

4.03(4) Responsibility for IEP Meetings.

The relative responsibilities of administrative units, state-operated programs and approved facility schools for IEP development, review and revision are established in Rule 8.00.

4.03(5) Participants in meetings.

Except as is otherwise provided for in this Section 4.03(5), the IEP Team requirements contained in 34 CFR § 300.321 shall apply in their entirety to meetings held for the development of an initial IEP or for the review of an IEP.

4.03(5)(a) The Director of special education or designee who is knowledgeable about the availability of resources of the administrative unit and has the authority to commit those resources shall be a required agency representative consistent with 34 CFR 300.321(a) (4). The requirements contained in 34 CFR § 300.321(e) regarding the non-attendance or excusal of certain IEP Team members shall not apply to this IEP Team member.

4.03(5)(b) If the meeting is not the responsibility of the administrative unit of residence, the special education director or designee for the administrative unit of residence may, at his/her discretion, participate in the meeting.

4.03(5)(c) If the child has been publicly placed at an approved facility school, private school, or Department of Early Childhood program, a representative of the approved facility school, private school, or Department of Early Childhood program must attend the IEP Team meeting. If the representative is unable to attend, their participation must be ensured through methods consistent with 34 CFR § 300.328.

4.03(6) Content of IEP/Record of Meeting.

The IEP must meet the IEP content requirements established by 34 CFR § 300.320(a) and § 300.320(c). In addition, the following IEP content is required:

4.03(6)(a) The written IEP for each child with a hearing disability shall include a Communication Plan as developed by the IEP team. The Plan shall include the following:

4.03(6)(a)(i) A statement identifying the child's primary communication mode as one or more of the following: Aural, Oral, Speech-based, English Based Manual or Sign System, American Sign Language. Further, there should be no denial of opportunity for instruction in a particular communication mode based on:

4.03(6)(a)(i)(A) residual hearing,

4.03(6)(a)(i)(B) the parents' inability to communicate in the child's communication mode or language, nor

4.03(6)(a)(i)(C) the child's experience with another mode of communication or language.

4.03(6)(a)(ii) A statement documenting that an explanation was given of all educational options provided by the school district and available to the child.

4.03(6)(a)(iii) A statement documenting that the IEP team, in addressing the child's needs, considered the availability of deaf/hard of hearing adult role models and a deaf/hard of hearing peer group of the child's communication mode or language.

4.03(6)(a)(iv) The communication-accessible academic instruction, school services, and extracurricular activities the student will receive must be identified.

The teachers, interpreters, and other specialists delivering the communication plan to the student must have demonstrated proficiency in, and be able to accommodate for, the child's primary communication mode or language.

4.03(6)(b) The written IEP for each child with a vision disability shall include a Learning Media Plan as developed by the IEP team based on comprehensive assessment of the student's learning and literacy modalities by a licensed teacher endorsed in the area of visual impairment. Braille shall be the literacy medium selected unless the IEP team determines, based on the comprehensive literacy learning media assessment that instruction in Braille is not appropriate.

4.03(6)(b)(i) The plan shall include the following:

4.03(6)(b)(i)(A) A statement of how the selected learning and literacy mode or modes will be implemented as the student's primary or secondary mode for achieving literacy and why such mode or modes have been selected,

4.03(6)(b)(i)(B) A statement of how the student's instruction in the selected learning and literacy mode or modes will be integrated into educational activities.

4.03(6)(b)(i)(C) The date on which the student's instruction in the selected mode or modes shall commence, the amount of instructional time to be dedicated to each learning and literacy mode, and the service provider responsible for each area of instruction, and

4.03(6)(b)(i)(D) A statement of the level of competency in each selected learning and literacy mode or modes which the student should achieve by the end of the period covered by the IEP.

4.03(6)(b)(ii) Colorado teachers licensed and endorsed in Visual Impairment must have demonstrated competency in reading and writing literary Braille per the guidelines developed by the Colorado Department of Education.

4.03(6)(c) Academic Content Standards

4.03(6)(c)(i) The IEP for a child enrolled in a school district or the State Charter School Institute shall specify:

4.03(6)(c)(i)(A) Whether the child shall achieve the content standards adopted by the district in which the child is enrolled or by the State Charter School Institute; or

4.03(6)(c)(i)(B) Whether the child shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP:

4.03(6)(c)(ii) For each child attending school in an approved facility school or state-operated program, the IEP shall specify:

4.03(6)(c)(ii)(A) Whether the child shall achieve State or local content standards; or

4.03(6)(c)(ii)(B) Whether the child shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP.

4.03(6)(d) Exception: In lieu of 34 CFR § 300.320(b), the IEP content requirement for transition services shall be as follows:

4.03(6)(d)(i) Beginning with the first IEP developed when the child is age 15, but no later than the end of 9^th grade, or earlier if deemed appropriate by the IEP Team, and updated annually, thereafter, the IEP must include:

4.03(6)(d)(ii) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and;

4.03(6)(d)(iii) The transition services (as defined in Section 2.51 of these Rules and including courses of study) needed to assist the child in reaching those goals.

4.03(6)(e) Beginning not later than one year before the child reaches the age of majority (i.e., age 21), the IEP must include a statement that the child has been informed of the child's rights under 6.02(9) of these Rules and 34 CFR § 300.520.

4.03(6)(f) Benchmarks and Short-Term Objectives.

4.03(6)(f)(i) Consistent with 34 CFR § 300.320(a)(2)(ii), for students with disabilities who take alternate assessments aligned to alternate achievement standards, the IEP shall contain a description of benchmarks or short-term objectives.

4.03(6)(f)(ii) Rule of construction: Nothing in these Rules shall be construed to prohibit an administrative unit or state-operated program from including benchmarks or short-term objectives in a child's IEP.

4.03(7) Parent Participation

4.03(7)(a) The requirements for ensuring parent participation in the development of IEPs shall be consistent with 34 CFR § 300.322.

4.03(7)(b) Exception: In lieu of 34 CFR § 300.322(b)(2), the requirements regarding parent participation at meetings involving postsecondary goals and services for a child shall be as follows:

4.03(7)(b)(i) Beginning with the first IEP developed when the child is age 15, but no later than the end of 9^th grade, or earlier if deemed appropriate by the IEP Team, and updated annually, thereafter, the notice of meeting must:

4.03(7)(b)(i)(A) Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services in accordance with Section 4.03(6)(d) of these Rules;

4.03(7)(b)(i)(B) Indicate that the responsible administrative unit or state-operated program will invite the student; and

4.03(7)(b)(i)(C) Identify any other agency that will be invited to send a representative. consistent with 34 CFR § 300.321(b)(3), the administrative unit or state-operated program must obtain the consent of the parent to invite such representative.

4.03(8) The requirements for parent involvement in educational placement decisions shall be consistent with 34 CFR § 300.116, § 300.327, and § 300.501(c).

4.03(8)(a) The determination of placement must be based on the child's IEP and made by the IEP Team. The terms "placement" or "educational placement" are used interchangeably and mean the provision of special education and related services and do not mean a specific place, such as a specific classroom or specific school. Decisions regarding the physical location in which a child's IEP will be implemented and the assignment of special education staff responsibilities shall be made by the Director of Special Education or designee, subject to the limitations in this section 4.03(8).

4.03(8)(b) Change in placement.

4.03(8)(b)(i) Nonsignificant change in program/services.

When a child's educational program is altered, such as a change in the amount of a given service, the change in program/services is a nonsignificant change in program/services.

4.03(8)(b)(i)(A) Prior written notice of such changes must be provided to the parent.

4.03(8)(b)(i)(B) Consent is not required.

4.03(8)(b)(i)(C) A non-significant change in program/services must be made by the IEP Team unless the parent and the administrative unit or state-operated program mutually agree to change the IEP after the annual IEP meeting in a school year consistent with 34 CFR § 300.324(a)(4). However, reevaluation is not required.

4.03(8)(b)(ii) Significant change in placement:

4.03(8)(b)(ii)(A) A significant change in placement for educational purposes includes placement or referral to a private school or approved facility school by the administrative unit, the addition or termination of an instructional or related service or any change which would result in the following:

4.03(8)(b)(ii)(A)(I) The child having different opportunities to participate in nonacademic and extracurricular services;

4.03(8)(b)(ii)(A)(II) The new placement option is a change in the educational environment categories required for reporting data to the Secretary of the U.S. Department of Education pursuant to Section 618 of the IDEA; or

4.03(8)(b)(ii)(A)(III) The child transfers from a brick and mortar school to an online school or program or vice versa. The administrative unit for the entity sponsoring the online school or program is responsible for consideration of reevaluation and convening the IEP Team to determine whether the online school or program is an appropriate placement for the child.

4.03(8)(b)(ii)(B) A significant change in placement shall be made upon consideration of reevaluation. Such change shall be made only by an IEP Team with the addition of those persons conducting such reevaluation unless the parent and the administrative unit or state-operated program mutually agree to change the IEP after the annual IEP meeting in a school year consistent with 34 CFR § 300.324(a)(4).

4.03(8)(b)(iii) A change in building or location

A change in building or location that is not a change in placement, as described in Section 4.03(8)(b), may be accomplished without convening the child's IEP Team or conducting a reevaluation. Decisions changing location or building should be made with due consideration for the impact on the child's total education program and must include parent participation. A location or building decision that does not constitute a change in placement does not require prior written notice or an IEP Team meeting, except as provided in section 4.03(8)(c) of these Rules.

4.03(8)(b)(iv) Public School Choice.

When a student transfers to a new school or program under Sections 22-30.5-104(3), 22-30.5-507(3), 22-30.7-101 et seq., 22-32.5-101 et seq., and 22-36-101(1), C.R.S., the transfer requirements contained in 34 CFR § 300.323(e) apply. The administrative unit shall not inquire about the transferring child's IEP or disability status until after the child has been admitted unless the transfer is part of a centralized districtwide admissions process. If the transfer is part of such a process the district must ensure and should provide assurance in applicable public communications that it does not use the information collected until after the admissions have been completed. Following admissions, if the transfer constitutes a significant change in placement, as described in Section 4.03 of these Rules, the administrative unit in which the receiving school or program is located must comply with Section 4.03 and also convene an IEP Team to ensure that the receiving school or program is an appropriate placement for the student. When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide the special education services and to conduct the IEP meeting required by this Rule, the charter school shall be responsible for the evaluation and IEP meeting. However, the administrative unit of the charter school remains ultimately responsible for ensuring compliance with all special education requirements.

4.03(8)(c) The administrative unit or state-operated program shall consider the cost to the administrative unit or state-operated program when choosing between two or more appropriate placements. However, as required by Sections 22-30.5-104(3), 22-30.5-507(3), and 22-36-101(1), C.R.S., an administrative unit shall not choose a location other than the parents' school of choice unless the IEP team determines that an appropriate placement cannot be provided at that location. An administrative unit that determines that the parents' school of choice is not an appropriate educational placement shall include a specific explanation of its determination in either the IEP or a separate prior written notice compliant with 34 C.F.R. § 300.503.

4.03(9) Participation of the Administrative Unit of Residence

If the administrative unit of residence is not responsible for a meeting, as set forth in Section 8.00 of these Rules, the administrative unit of attendance or state-operated program shall timely notify the Special Education Director/designee for the administrative unit of residence. Such notification shall be provided at the same time and in the same manner that the parent is notified of the meeting.

4.03(10) Private Placements Made by Administrative Units and Public Agencies

Every administrative unit and every public agency, as that term is defined in Section 9.01 of these Rules, shall comply with the out-of-home and out-of-district placement requirements set forth in 34 CFR § 300.325 and Section 9.00 of these Rules.

4.03(11) Alternative Means of Meeting Participation

Alternative means of meeting participation and carrying out administrative matters involving procedural safeguards shall be consistent with 34 CFR § 300.328.

1 CCR 301-8-4.00

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