1 Colo. Code Regs. § 301-8-7.00
Current through Register Vol. 47, No. 22, November 25, 2024
Section 1 CCR 301-8-7.00 - COORDINATION BETWEEN SEA AND LEAs7.01Record KeepingTo meet the requirements of Sections 22-20-104(4), C.R.S., an administrative unit shall maintain a management and information system which provides for the collection, documentation, aggregation, and reporting of student, staff, revenue and expenditure data.
7.01(1) Student data. 7.01(1)(a) Administrative units should maintain an individual student data base of the following information: 7.01(1)(a)(i) Student name.7.01(1)(a)(ii) Date of birth.7.01(1)(a)(iii) Primary disability.7.01(1)(a)(iv) Student's gender and ethnicity.7.01(1)(a)(v) Primary educational setting.7.01(1)(a)(vi) Date of the most recent meeting at which the child was determined to have a disability.7.01(1)(a)(vii) Date of the most recent meeting at which the IEP was reviewed.7.01(1)(a)(viii) Individual staff who are providing special education programs and services identified in the student's IEP.7.01(1)(b) Administrative units, community centered boards, and approved facility schools should maintain individual student records that contain the following: 7.01(1)(b)(i) Information about the disposition of each referral.7.01(1)(b)(ii) Signed permission forms for initial assessment and initial placement.7.01(1)(b)(iii) Verification that parent(s) were advised of and understood their due process rights.7.01(1)(b)(iv) Any written assessment reports.7.01(1)(b)(v) Documentation that appropriate written notice was given to parent(s).7.01(1)(b)(vi) Documentation that required participants were in attendance at meetings.7.01(1)(b)(vii) Records of all meetings at which the child was determined to have a disability.7.01(1)(b)(viii) A copy of all IEPs.7.01(1)(b)(ix) Any additional information which documents that the child is eligible for special education services.7.01(1)(c) Individually identifiable information shall be held confidential and protected in accordance with Section 6.01 of these Rules.7.01(1)(d) Destruction of records shall be in compliance with Section 6.01(14) of these Rules and 34 CFR § 300.624.7.01(2) Staff data. Administrative units should maintain the following data for all special education services staff:
7.01(2)(b) Special education position assignment.7.01(2)(c) FTE and salary attributable to special education, and source of funds supporting that salary.7.01(2)(d) Documentation of time spent with students with disabilities for each staff member who is employed part-time in special education and part-time in regular education.7.01(3) Revenue and expenditure data.7.01(3)(a) Administrative units shall maintain auditable records of all special education expenditures and of the state, federal, local and other revenues which are received in support of those expenditures.7.01(3)(b) Using the accrual basis of accounting, administrative units shall operate a budgeting and accounting procedure which records the objects of expenditure for each special education instructional and support service area.7.01(3)(c) Community centered boards and approved facility schools shall maintain auditable records of all information used to establish tuition costs reported on forms developed by the Department of Education.7.02ReportingEach administrative unit shall submit to the Department of Education annual student, staff, revenue and expenditure data according to the instructions and on forms or computer programs provided by the Department of Education. If accurate data are not submitted according to deadlines established by the Department, the disbursement of state and federal funds to that particular unit shall be delayed.
7.03SPECIAL EDUCATION FUNDING7.03(1) Federal funds. 7.03(1)(a) Administrative units shall obtain prior approval from the Department of Education for the use of federal funds in support of special education services.7.03(1)(b) The approval criteria and procedures for the use of federal funds shall be governed by relevant rules and regulations promulgated pursuant to state and federal laws.7.03(1)(c) Federally funded programs shall be considered supplementary to the basic program required by the Exceptional Children's Educational Act (ECEA).7.03(2) ECEA funds. Under the requirements of Section 22-20-104(4), C.R.S., an administrative unit shall use its state ECEA funds only on special education services and programs, as outlined in Section 2.44 of these Rules.
7.03(3) Payments of ECEA funds. ECEA funds shall be distributed in accordance with Sections 22-20-114 and 22-20-114.5, C.R.S.
7.05MonitoringEach administrative unit, State Operated Program, approved facility school, and Department of Early Childhood program shall comply with all state statutes and regulations regarding the identification and/or education of children with disabilities
7.05(1) Each administrative unit, State Operated Program, approved facility school and Department of Early Childhood program shall be subject to ongoing monitoring by the Department of Education of its policies, procedures and practices relating to the identification and/or education of children with disabilities. 7.05(1)(a) Monitoring procedures shall include:7.05(1)(a)(i) A determination of compliance with statutes according to the administrative unit on-site checklist developed by the Department of Education.7.05(1)(a)(ii) An assessment of program quality based on the standards established by the Department of Education.7.05(1)(b) Monitoring activities shall be determined by the Department of Education and shall include:7.05(1)(b)(i) Review of the comprehensive plan of the administrative unit, state-operated program or approved facility school,7.05(1)(b)(ii) A review of the data routinely collected by the Department of Education,7.05(1)(b)(iii) A planned comprehensive or targeted on-site process to identify and verify compliance with and implementation of policies and procedures as well as delivery of services,7.05(1)(b)(iv) Count audits consisting of periodic checks of student eligibility criteria through verification of documentation as found in students' files and on individual education programs.7.05(1)(c) Follow-up to assure non-compliance issues have been rectified shall be ongoing. Follow-up of non-compliance issues identified from the count audits will occur as part of the comprehensive on-site monitoring process.7.05(2) Within 90 days from the completion of any monitoring procedure or activity, the Department of Education shall provide a written report based on the administrative unit on-site checklist, to the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program, which shall include findings, non-compliance items, directives for corrective action, and recommendations for improvement.7.05(2)(a) Should the Department of Education determine that an administrative unit, state- operated program, approved facility school, or Department of Early Childhood program is in non-compliance with pertinent statutes and implementing regulations, the Department of Education shall provide such administrative unit, state-operated program, approved facility school, or Department of Early Childhood program with the legal citation of the statute or regulation it is found to have violated and the directive for corrective action or request for a corrective action plan.7.05(2)(b) Should the Department of Education determine that an administrative unit, state- operated program, approved facility school, or Department of Early Childhood program does not reasonably satisfy quality standards or guidelines established by the Department of Education, recommendations will be made.7.05(3) Within 90 days following any report of non-compliance, the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program shall provide the Department of Education with a corrective action plan including timelines, or sufficient documentation that corrective actions ordered by the Department have been made, whichever is applicable.7.05(4) Within 20 days following the receipt of the corrective action plan of the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program, the Department of Education shall acknowledge receipt of such and indicate whether it is accepted or, if rejected, notification of the revision necessary before acceptance would be given.7.05(6) If the Department of Education is unable to secure voluntary compliance through the actions described above, the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program shall be notified of the noncompliance and the subsequent steps to be taken by the Department of Education which may include any of the following or any other appropriate means of enforcing compliance requirements:7.05(6)(a) disapproval or failure to approve in whole or part, the application of the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program for funding;7.05(6)(b) order, in accordance with a final state audit resolution determination, the repayment of misspent federal funds;7.05(6)(c) withhold and/or terminate further financial assistance to the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program;7.05(6)(d) suspend payments, under an approved project, to the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program.7.05(7) Information regarding monitoring findings and resolutions shall be forwarded to the appropriate Department of Education staff for consideration in the accreditation process for a school district or the Colorado School for the Deaf and the Blind, or to the Colorado Department of Early Childhood for appropriate licensing action.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 6/30/2023