1 Colo. Code Regs. § 301-8-5.00

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

Section 1 CCR 301-8-5.00 - REQUIREMENTS FOR FUNDING ELIGIBILITY

5.01State Eligibility

The State of Colorado ("State") is eligible for assistance under Part B of the Individuals with Disabilities Education Act ("IDEA") if the State has in effect policies and procedures to ensure that the State meets the conditions of 34 CFR § § 300.101 through 300.176 as follows:

5.01(1) FAPE requirements as established by:

5.01(1)(a)34 CFR § 300.101 which addresses the following topics:

5.01(1)(a)(i) General requirements for FAPE;

5.01(1)(a)(ii) FAPE for children beginning at age 3; and

5.01(1)(a)(iii) Children advancing from grade to grade.

5.01(1)(b)34 CFR § 300.102 which establishes the limitations and exceptions to FAPE requirements including:

5.01(1)(b)(i) Children who do not meet the State's age requirements for FAPE;

5.01(1)(b)(ii) Children incarcerated in adult correctional facilities;

5.01(1)(b)(iii) Children with disabilities who have graduated from high school with a regular diploma; and

5.01(1)(b)(iv) Children who are eligible under Subpart 34 CFR § 300.800 through § 300.818 (preschool grants for children with disabilities);

5.01(1)(c)34 CFR § 300.103 - Methods and payments;

5.01(1)(d)34 CFR § 300.104 - Residential placement;

5.01(1)(e)34 CFR § 300.105 - Assistive technology;

5.01(1)(f)34 CFR § 300.106 - Extended school year services;

5.01(1)(g)34 CFR § 300.107 - Nonacademic services;

5.01(1)(h)34 CFR § 300.108 - Physical education;

5.01(1)(i)34 CFR § 300.109 - Full educational opportunity goal;

5.01(1)(j)34 CFR § 300.110 - Program options;

5.01(1)(k)34 CFR § 300.111 - Child find;

5.01(1)(l)34 CFR § 300.112 - IEPs; and

5.01(1)(m)34 CFR § 300.113 - Routine checking of hearing aids and external components of surgically implanted medical devices.

5.01(2) Least restrictive environment (LRE) requirements as established by:

5.01(2)(a)34 CFR § 300.114 - General requirements;

5.01(2)(b)34 CFR § 300.115 - Continuum of alternative placements;

5.01(2)(c)34 CFR § 300.116 - Placements;

5.01(2)(d)34 CFR § 300.117 - Nonacademic settings;

5.01(2)(e)34 CFR § 300.118 - Children in public or private institutions;

5.01(2)(f)34 CFR § 300.119 - Technical assistance and training activities; and

5.01(2)(g)34 CFR § 300.120 - Monitoring activities.

5.01(3) Requirements for procedural safeguards as established by 34 CFR 300.121 and § 300.500 through § 300.536 except as is otherwise provided for in Section 6.02 of these Rules.

5.01(4) Requirements for evaluation as established by 34 CFR § 300.122 and § 300.300 through § 300.311 except as is otherwise provided for in Section 4.03 of these Rules.

5.01(5) Requirements for safeguarding the confidentiality of personally identifiable information as established by 34 CFR § 300.123 and § 300.610 through § 300.626 and Section 6.01 of these Rules.

5.01(6) Requirements regarding the transition of children from Part C programs to preschool programs under Part B of IDEA as established by 34 CFR § 300.124.

5.01(7) Requirements regarding children with disabilities enrolled by their parents in private schools as established by 34 CFR § 300.129 through § 300.144.

5.01(8) Requirements regarding children with disabilities placed in or referred to private schools or approved facility schools by an administrative unit or a state-operated program as means of providing special education services as established by 34 CFR § 300.145 through § 300.147.

5.01(9) Requirements regarding children with disabilities enrolled by their parents in private schools when FAPE is at issue as established by 34 CFR § 300.148.

5.01(10) Requirements regarding the Department's responsibilities for general supervision as established by 34 CFR § 300.149 and § 300.150.

5.01(11) Requirements regarding State complaint procedures as established by 34 CFR § 300.151 through § 300.153 and the Department's specific procedures.

5.01(12) Requirements regarding methods for ensuring services as established by 34 CFR § 300.154.

5.01(13) Requirements regarding hearings related to LEA eligibility as established by 34 CFR § 300.155 and Section 3.01 of these Rules.

5.01(14) Requirements regarding personnel qualifications as established by 34 CFR § 300.156 and Sections 2.20 and 3.04 of these Rules.

5.01(15) Requirements regarding performance goals and indicators as established by 34 CFR § 300.157.

5.01(16) Requirements regarding the supplementation of state, local and other federal funds as established by 34 CFR § 300.162 through § 300.164 and § 300.166.

5.01(17) Requirements regarding public participation as established by 34 CFR § 300.165.

5.01(18) Requirements regarding the Colorado Special Education Advisory Committee as established by 34 CFR § 300.168 and § 300.169.

5.01(19) Requirements regarding suspension and expulsion rates as established by 34 CFR § 300.170.

5.01(20) Requirements regarding an annual description of Part B funds as established by 34 CFR § 300.171.

5.01(21) Requirements regarding access to instructional materials, including the Department's adoption of the National Instructional Materials Accessibility Standard (NIMAS) as established by 34 CFR § 300.172.

5.01(21)(a) The Department adopts the NIMAS, published as Appendix C to Part 300 of 34 CFR.

5.01(21)(b) The Department shall coordinate with the National Instructional Materials Access Center (NIMAC) for purposes of providing instructional materials in a timely manner to children with disabilities who may qualify to receive books and other publications in specialized formats.

5.01(21)(c) Definitions applicable to this subsection and Section 5.02(10) of these Rules:

5.01(21)(c)(i) "In a timely manner" means that all reasonable steps have been taken to provide children with disabilities instructional materials at the same time that instructional materials are provided to nondisabled peers;

5.01(21)(c)(ii) When used in 34 CFR § 300.172, the term "blind persons or other persons with print disabilities" has the meaning given it in 34 CFR § 300.172(e)(1) (ii);

5.01(21)(c)(iii) "National Instructional Materials Access Center" or "NIMAC" has the meaning given the term in 34 CFR § 300.172(e)(1)(ii);

5.01(21)(c)(iv) "National Instructional Materials Accessibility Standard" or "NIMAS" has the meaning given the term in 34 CFR § 300.172(e)(1)(iii).

5.01(22) Requirements regarding overidentification and disproportionality as established in 34 CFR § 300.173.

5.01(23) Requirements, including the rule of construction, regarding the prohibition on mandatory medication as established by 34 CFR § 300.174.

5.01(23)(a) Personnel of the Department, an administrative unit, a school district, a state-operated program, or a Department of Early Childhood program are prohibited from requiring parents to obtain a prescription for substances identified in 34 CFR § 300.174(a) as a condition of attending school, receiving an evaluation under Section 4.02 of these Rules, or receiving special education services.

5.01(24) Requirements regarding the participation of all children with disabilities in general state and district-wide assessment programs as established in 34 CFR § 300.160.

5.02Administrative Unit Eligibility

An administrative unit is eligible for assistance under Part B of the Individuals with Disabilities Education Act ("IDEA") if the administrative unit submits a plan that provides assurance to the Department that the administrative unit meets each of the conditions established by 34 CFR § 300.200 through § 300.213 as follows:

5.02(1) Consistency with State policies established under the relevant subsections of Section 5.01 of these Rules and 34 CFR § 300.101 through § 300.163, and § 300.165 through § 300.174 and § 300.201;

5.02(2) Requirements regarding the use of amounts of Part B funds as established in 34 CFR § 300.202;

5.02(3) Requirements regarding maintenance of effort as established in 34 CFR § 300.203;

5.02(4) Requirements regarding exceptions to maintenance of effort established in 34 CFR § 300.204;

5.02(5) Requirements regarding adjustment of local fiscal efforts in certain fiscal years as established in 34 CFR § 300.205;

5.02(6) Requirements regarding schoolwide programs under Title I of the ESEA as established in 34 CFR § 300.206;

5.02(7) Requirements regarding personnel development as established in 34 CFR § 300.207;

5.02(8) Requirements regarding permissive use of funds as established in 34 CFR § 300.208;

5.02(9) Requirements regarding the treatment of charter schools as established in 34 CFR § 300.209;

5.02(10) Requirements regarding the purchase of instructional materials as established in 34 CFR § 300.210;

5.02(11) Requirements regarding the provision of information to the department as established in 34 CFR § 300.211;

5.02(12) Requirements regarding the accessibility of all Part B Eligibility Documents to parents and the general public as established in 34 CFR § 300.212;

5.02(13) Requirements regarding records pertaining to migratory children with disabilities as established in 34 CFR § 300.213;

5.02(14) Requirements regarding prior local plans as established by 34 CFR § 300.220;

5.02(15) Requirements regarding administrative unit and state-operated program compliance with 34 CFR §§ 300.200 through 300.221; and

5.02(16) Requirements regarding early intervening services.

5.03State-Operated Program Eligibility

A state-operated program is eligible for assistance under Part B of the IDEA if the state-operated program demonstrates to the satisfaction of the Department that it meets the requirements set forth in 34 CFR § 300.228.

5.04Additional Funding and Reporting Requirements

5.04(1) In order to receive funding under Part B of the IDEA, administrative units and state-operated programs must timely provide the information required by Section 618 of the Act, 20 USC § 1418.

5.04(2) In order to receive funding under the Exceptional Children's Educational Act, administrative units and state-operated programs must timely provide the information required by Section 22-20-114(4) and (6), C.R.S.

1 CCR 301-8-5.00

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