1 Colo. Code Regs. § 301-8-8.00

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

Section 1 CCR 301-8-8.00 - RESPONSIBILITIES OF ADMINISTRATIVE UNITS, STATE-OPERATED PROGRAMS AND APPROVED FACILITY SCHOOLS

8.01General Responsibilities

8.01(1) Duties and responsibilities of administrative units.

An administrative unit shall carry out all applicable State and Federal statutes and regulations and shall be responsible for and provide assurances for:

8.01(1)(a) The development and adoption of a Comprehensive Plan in accordance with the applicable statutes and regulations. Such Plan shall also include a description of the following:

8.01(1)(a)(i) Financial commitments and agreements of the unit and of the participating districts for special education programs and services.

8.01(1)(a)(ii) Method or standards utilized to determine the number and types of special education personnel required to meet the needs of children with disabilities.

8.01(1)(a)(iii) Procedures for regular, periodic evaluation of programs, services and student progress.

8.01(1)(b) Resource allocation and management to assure adequate personnel, facilities, materials and equipment in accordance with the provisions of Section 3.03 of these Rules to meet the needs of children with disabilities.

8.01(1)(c) Qualified personnel in accordance with the provisions of Section 3.04 of these Rules.

8.01(1)(d) Maintenance of and access to student records in accordance with Section 7.01 of these Rules.

8.01(1)(e) Child find, referral, evaluation, planning and delivery of services in accordance with the provisions of Sections 4.00, 5.00, and 8.00 of the Rules.

8.01(1)(f) Procedures for ensuring confidentiality and required procedural safeguards in accordance with Section 6.00 of the Rules.

8.01(1)(g) Staff development in accordance with Section 3.05 of these Rules.

8.01(1)(h) Program evaluation in accordance with Section 3.06 of these Rules.

8.01(1)(i) Reporting of any Department of Early Childhood Program noncompliance with state and federal special education laws, regulations, and requirements to the Department of Education and Department of Early Childhood. Such reports shall be made in writing to the Commissioner of Education and the Executive Director of the Department of Early Childhood or their designees no later than five business days after discovery of the acts or omissions giving rise to the noncompliance.

8.01(2) Duties and responsibilities of approved facility schools.

An approved facility school with an on-grounds school approved by the Facility School Board in accordance with the Rules for the Administration of the Facility Schools Act, 1 CCR 304-1, shall be responsible for:

8.01(2)(a) Development of a Comprehensive Plan in accordance with the Rules for the Administration of the Facility Schools Act, 1 CCR 304-1.

8.01(2)(b) Resource allocation and management in accordance with Section 3.03 of these Rules to assure adequate personnel, facilities, materials and equipment to meet the needs of children with disabilities.

8.01(2)(c) Qualified personnel in accordance with the provisions of Section 3.04 of these Rules.

8.01(2)(d) Maintenance and access to student records in accordance with Section 7.01 of these Rules.

8.01(2)(e) IEP planning, in collaboration with the responsible administrative unit, and the delivery of services in accordance with the provisions of Sections 4.00, 5.00 and 8.00 of these Rules.

8.01(2)(f) Procedures for ensuring confidentiality and required procedural safeguards in accordance with Section 6.00 of the Rules.

8.01(2)(g) Staff development in accordance with Section 3.05 of these Rules.

8.01(2)(h) Program evaluation in accordance with Section 3.06 of these Rules.

8.01(3) Duties and responsibilities of state-operated programs.

A state-operated program shall carry out all applicable State and Federal statutes and regulations and shall be responsible for and provide assurances for the development and adoption of a Comprehensive Plan in accordance with the applicable statutes and regulations. Such Plan shall also include a description of the following:

8.01(3)(a) Method or standards utilized to determine the number and types of special education personnel required to meet the needs of children with disabilities.

8.01(3)(b) Resource allocation and management in accordance with Section 3.03 of these Rules to assure adequate personnel, facilities, materials and equipment to meet the needs of children with disabilities.

8.01(3)(c) Qualified personnel in accordance with the provisions of Section 3.04 of these Rules.

8.01(3)(d) Maintenance of and access to student records in accordance with Section 7.01 of these Rules.

8.01(3)(e) Child find, referral, evaluation, planning and delivery of services in accordance with the provisions of Sections 4.00 and 5.00 of these Rules.

8.01(3)(f) Procedures for ensuring confidentiality and required procedural safeguards in accordance with Section 6.00 of these Rules.

8.01(3)(g) Staff development in accordance with Section 3.05 of these Rules.

8.01(3)(h) Program evaluation in accordance with Section 3.06 of these Rules.

8.01(4) Duties and responsibilities of alternative administrative units.

8.01(4)(a) For a child with disabilities who is enrolled in a charter school that participates in an alternative administrative unit, the alternative administrative unit, for the duration of the child's enrollment in the charter school, is solely legally and fiscally responsible for specialized instruction and related services to provide a free appropriate public education for the child and for dispute resolution pursuant to the "Exceptional Children's Educational Act", article 20 of title 22 of the Colorado Revised Statutes, and the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended. Dispute resolution includes, but is not limited to, resolution of state complaints, due process hearings, and investigations by the federal department of education.

8.02Specific Responsibilities for Special Education Functions and Services

8.02(1) Except as is otherwise provided for in these Rules, the administrative unit of attendance is responsible for child identification, as defined by Section 4.02 of these Rules, IEP planning, delivery of special education services, and the provision of a free appropriate public education to each child with a disability attending public school within the administrative unit, including convening and conducting required meetings related to such special education functions.

8.02(1)(a) A child with a disability attending public school is entitled to all special education services specified by the child's IEP and to a free appropriate public education.

8.02(1)(b) Consistent with 34 CFR § § 300.129 through 300.144, each administrative unit is responsible for conducting child identification and serving designated parentally placed private school students with disabilities in elementary and secondary private schools located within the boundaries of the administrative unit, including developing a services plan for such designated students.

8.02(1)(c) The administrative unit of attendance is not responsible for the delivery of special education services or the provision of a free appropriate public education to a child with a disability placed in an approved facility school approved by the Facility Schools Board. It is, however, responsible for certain other special education functions identified in this Rule 8.00.

8.02(2) If a child with a disability is not enrolled in school, the administrative unit of residence is responsible for the provision of child find identification services.

8.03Responsibility for Special Education Tuition

8.03(1) Pursuant to Section 9.03 of these Rules, the district of residence is responsible for the payment of special education tuition as that term is defined by Section 9.01(8) of these Rules.

8.03(2) The relative responsibilities of administrative units, alternative administrative units, districts of residence, approved facility schools, charter schools and online schools or programs for public out-of-district placement of students, school choice placement of students, and special education tuition are established in Section 9.00 of these Rules. Each BOCES and its member districts shall jointly develop procedures and/or cooperative agreements that will ensure compliance with such Rules.

8.03(3) If the child's district of attendance is not the child's district of residence but is within the same administrative unit as the child's district of residence, the payment of tuition, if any, shall be determined by the administrative unit and the two districts involved.

8.04Responsibility for Initial Assessment and Reevaluation

8.04(1) Responsibility for initial assessment and reevaluation shall be with the administrative unit in which the child attends school, or, if (s)he is not enrolled in school, it shall be the responsibility of the administrative unit in which the child resides. The administrative unit of attendance shall invite the Special Education Director or designee of the administrative unit of residence to participate in the process of the initial assessment or re-evaluation. State-operated programs and approved facility schools shall be excepted from this Rule as follows:

8.04(1)(a) Initial assessment and re-evaluation for children attending the Colorado School for the Deaf and the Blind or residing at the Mental Health Institutes or the Division of Youth Corrections shall be the responsibility of those agencies, which shall invite the administrative unit of residence to participate.

8.04(1)(b) Initial assessment and re-evaluation for incarcerated children shall be the responsibility of the Department of Corrections.

8.04(1)(c) Re-evaluation for children at approved facility schools shall be the responsibility of the administrative unit of residence.

8.04(1)(d) When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide initial evaluations and reevaluations, the charter school shall be responsible for conducting such evaluations and complying with Section 4.02 of these Rules. However, the administrative unit of the charter school remains ultimately responsible for ensuring that all such evaluations meet the requirements of Section 4.02.

8.05Meetings During Which a Disability or Eligibility is Initially Considered

8.05(1) Meetings during which a disability or eligibility is initially considered shall be the responsibility of the administrative unit in which the child attends school or, if (s)he is not enrolled in school, it shall be the responsibility of the administrative unit in which the child resides.

8.05(1)(a) If the administrative unit in which the parent resides would be different from the administrative unit of attendance, the administrative unit of attendance shall notify the Special Education Director of the administrative unit in which the child's parent resides prior to the assessment process so that the administrative unit of residence may choose to participate in the process.

8.05(1)(b) If the administrative unit in which the parent resides disagrees with the determination of eligibility, the administrative unit of residence may elect to initiate an informal process such as negotiation or mediation or it may request the Commissioner of Education to review the process of determination. Disagreements subject to this informal dispute resolution option are limited to those involving allegations that the administrative unit of attendance failed to comply with the evaluation and eligibility determination procedures established by Section 4.02 of these Rules, including the requirement that the administrative unit of residence be invited to participate in the evaluation of the child consistent with Section 8.05(1)(a) of these Rules.

8.05(1)(c) Except for state-operated programs and approved facility schools, review meetings in which the determination of disability and eligibility is reconsidered shall be the responsibility of the administrative unit of attendance. This includes review meetings for children with disabilities attending online schools or programs within the administrative unit of attendance. For state-operated programs, review meetings in which the determination of disability and eligibility are reconsidered shall be the responsibility of the state-operated programs. For approved facility schools, review meetings in which the determination of disability and eligibility are reconsidered shall be the responsibility of the administrative unit of residence.

8.05(1)(d) 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 eligibility determination meetings required by these Rules, the charter school shall be responsible for meeting the eligibility determination requirements in compliance with Section 4.02 of these Rules. However, the administrative unit of the charter school remains ultimately responsible for ensuring that all eligibility determinations and related meetings comply with the requirements of Section 4.02.

8.06Meetings to Initially Develop or to Subsequently Review the Child's Individualized Educational Program (IEP)

8.06(1) If the determination is made that the child has a disability and is eligible for special education, all meetings to initially develop or to subsequently review the child's individualized educational program (IEP) shall be the responsibility of the administrative unit of attendance which shall timely invite the Special Education Director of the administrative unit of residence to participate as an IEP team member. This includes online schools or programs operated within the administrative unit of attendance. Exceptions to this Rule are as follows:

8.06(1)(a) All meetings for children attending the Colorado School for the Deaf and the Blind or residing at the Mental Health Institutes and the Division of Youth Corrections shall be the responsibility of those agencies which shall invite the administrative unit of residence to participate.

8.06(1)(b) All meetings for incarcerated children at the Department of Corrections shall be the responsibility of that agency.

8.06(1)(c) Meetings to develop the initial individualized educational program (IEP) for children at approved facility schools shall be the responsibility of the administrative unit of attendance (the administrative unit in which the facility is located). Thereafter IEP review meetings and re-determination of eligibility shall be the responsibility of the administrative unit of residence.

8.06(1)(d) 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 meetings required by these Rules, the charter school shall be responsible for meetings to initially develop and subsequently review the IEP in compliance with Section 4.03 of these Rules. However, the administrative unit of the charter school remains ultimately responsible for ensuring that IEP planning and related meetings comply with the requirements of Section 4.03 .

8.07Transfers Under Public School Choice Involving a Significant Change in Placement

8.07(1) When a child seeks to transfer to a new school or program, including an online school or program under public school choice, and the transfer constitutes a significant change in placement, as described in Section 4.03(8)(b)(ii) of these Rules:

8.07(1)(a) A reevaluation consistent with Section 4.03must be conducted by the administrative unit in which the school or program is located, and an IEP Team convened by such administrative unit. The purpose of the IEP Team meeting is to ensure that the receiving school or program is an appropriate placement for the student. Consistent with this Section 8.00 , if the administrative unit of the receiving school or program is different from the administrative unit of residence, the Special Education Director of the administrative unit of residence shall be notified of the reevaluation and also invited to the IEP meeting.

8.07(1)(b) 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 Section 4.03 , the charter school shall be responsible for the reevaluation and the IEP meeting in compliance with this section and Section 4.03 . However, the administrative unit of the charter school remains ultimately responsible for ensuring compliance with this section and Section 4.03(8)(b)(ii).

1 CCR 301-8-8.00

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