1 Colo. Code Regs. § 301-8-9.00

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

Section 1 CCR 301-8-9.00 - OUT OF DISTRICT PLACEMENTS

9.01DEFINITIONS

9.01(1)"Applicable revenues" means:

9.01(1)(a) The Per Pupil Revenue (PPR), as follows:

9.01(1)(a)(i) The PPR of the chartering school district when a child with a disability enrolls in and attends a charter school pursuant to Article 30.5 of Title 22, C.R.S., not including enrollment in multidistrict online schools;

9.01(1)(a)(ii) The PPR of the accounting district, as defined under Section 22-30.5- 513 (1)(a), C.R.S., when a child with a disability enrolls in and attends an institute charter school pursuant to Part 5 of Article 30.5 of Title 22, C.R.S.

9.01(1)(a)(iii) The PPR of the district of attendance when a child with a disability enrolls in and attends a school in an administrative unit other than the child's administrative unit of residence pursuant to Section 22-36-101, C.R.S., not including enrollment in multidistrict online schools;

9.01(1)(a)(iv) The PPR of the district of residence when an administrative unit of residence purchases services from another administrative unit for a specific special education program not available in the administrative unit of residence; or

9.01(1)(a)(v) The per pupil funding for online enrollment set by Section 22-54- 104(4.5), C.R.S., for a child with a disability enrolled in a multidistrict online school, including a multidistrict online school provided by a charter school.

9.01(1)(c) Monies available from federal sources.

9.01(1)(d) Monies received under ECEA.

9.01(1)(e) Monies received from other state agencies, including the per child rate for preschool services as determined by the Colorado Department of Early Childhood pursuant to section 26.5-4-208, C.R.S. ("per child preschool rate").

9.01(1)(f) Monies received from other administrative units, not including tuition. 9.01(1)(g) Monies received through grants and donations.

9.01(1)(h) For an approved facility school, the amount of funds received from the state under Section 22-54-129, C.R.S.

9.01(2)"Charter School" means a charter school authorized under Article 30.5 of Title 22, C.R.S. "District Charter School" means a charter school authorized by a school district pursuant to Part 1 of Article 30.5, C.R.S. "Institute Charter School" means a charter school authorized by the state Charter School Institute pursuant to Part 5 of Article 30.5, C.R.S. "Charter school" does not include any school authorized pursuant to Section 22-80-102(4)(b), C.R.S.

9.01(3)"Facility" and "Approved Facility School" are defined in section 2.19 of these Rules.

9.01(4)"Multidistrict online school" means an multidistrict online school as defined in Section 22-30.7- 102(6), C.R.S.

9.01(5)"Public Agency", for purposes of this Rule 9.00, means a public agency that is not an administrative unit and is legally authorized to place a child in a facility with an approved facility school or another out-of-home placement.

9.01(6)"Public Placement" means the placement of a child with a disability in a facility with an approved facility school or another out-of-home placement by a court or public agency.

9.01(7)"Special Education Expenditures" means the expenditures as defined in Section 2.00 of these Rules.

9.01(8)"Tuition Costs" means:

(a) the amount of expenditures for special education services over and above applicable revenues, as defined in Section 9.01(1) of these Rules, for a child with a disability who receives special education services in a charter school, public school of choice pursuant to Section 22-36- 101, C.R.S., or a public on-line program pursuant to Section 22-33- 104.6, C.R.S.; or

(b) the tuition rate for the cost of providing special education services to a child with a disability in an approved facility school established by the Department of Education and approved by the State Board pursuant to Section 22-20-109(2)(a) & (b), C.R.S. and Section 9.06(1) of these rules.

9.02OUT OF HOME PLACEMENT

9.02(1) If it becomes necessary for a court or a public agency to place a child in a public placement (e.g., placements in approved facility schools and foster care homes):

9.02(1)(a) Non-emergency placement: prior to the public placement, the court or public agency shall work cooperatively with the child's then current administrative unit of residence and the administrative unit in which the placement is to be made to ensure that appropriate special education services are available for the child. The receiving agency, institution, administrative unit, state-operated program, or approved facility school providing the services shall cooperate in the development of the IEP.

9.02(1)(b) Emergency placement: if an emergency placement for the safety of the child is required, the placing court or placing public agency may make the emergency placement without first cooperating with the child's then current administrative unit of residence or the administrative unit in which the placement is to be made.

9.02(2) In no event shall a child be placed in an approved facility school or an administrative unit that is unable to ensure the provision of special education services that are appropriate for the child.

9.03RESPONSIBILITY FOR TUITION COSTS

9.03(1)Criteria for School Choice Placements

Tuition shall be owed to the charter school, district of attendance, or multidistrict online school for a child who has a disability identified under 9.03(1)(a) and meets one of the factors set forth in 9.03(1)(b):

9.03(1)(a) Eligible Disabilities

The child has been identified as having one or more of the following disabilities, as defined by Section 2.00 of these Rules:

9.03(1)(a)(i) A Vision Impairment, Including Blindness;

9.03(1)(a)(ii) A Hearing Impairment, Including Deafness;

9.03(1)(a)(iii) Deaf-blindness;

9.03(1)(a)(iv) A Serious Emotional Disability;

9.03(1)(a)(v) Autism Spectrum Disorder;

9.03(1)(a)(vi) A Traumatic Brain Injury;

9.03(1)(a)(vii) Multiple Disabilities; or

9.03(1)(a)(viii) Intellectual Disability.

9.03(1)(b) Indicators of Intensity and Duration of Services

9.03(1)(b)(i) For schools or programs serving a broad range of children with and without disabilities, tuition shall be owed only for those children with disabilities identified in Section 9.03(1)(a) whose program intensity and duration of services differ significantly from the intensity and duration of services provided by the school or program to children with disabilities not included in Section 9.03(1)(a).

9.03(1)(b)(ii) For schools or programs designed primarily to serve children with disabilities which provide an intensity and duration of services that differ significantly from other programs in the administrative unit of attendance, tuition shall be owed for all students listed in Section 9.03(1)(a).

9.03(2)Type of Tuition Placements

9.03(2)(a) Placement in Approved Facility Schools

9.03(2)(a)(i) When a child with a disability is placed into an approved facility school, the district of residence is responsible for paying the tuition costs. The tuition cost rate shall be determined by the Department of Education and approved by the State Board in accordance with section 9.06(1) of these Rules. Such tuition costs shall be the maximum amount the district of residence shall be obligated to pay for the special education program. Except that the district of residence may pay a higher tuition cost than the cost established by the Department of Education and approved by the State Board for children in need of specialized services, if these services are included in a child's IEP. Costs for additional services required by an individual child and documented on an IEP may be negotiated by the approved facility school and administrative unit of residence.

The district of residence is not responsible for paying tuition costs for extended school year services for a child unless the child's IEP specifies the need for extended school year services. The Department of Education does not set the amount of tuition costs that the administrative unit of attendance may charge the district of residence for children in group homes served by the administrative unit of attendance.

9.03(2)(a)(i)(A) When a child with a disability is placed into an approved facility school, the administrative unit of residence must count the child for the December Special Education Count. The approved facility school must report monthly student enrollment to CDE as required by Section 22-54-129(4)(a), C.R.S., and 1 CCR 301-39, rule 14.00, and bill CDE for the amounts due under Section 22-54-129 (2.5)(a)(I), C.R.S.

9.03(2)(a)(ii) Any court of record, the Department of Human Services, or any other public agency authorized by law to place a child with a disability in a facility with an approved facility school shall notify in writing the child's administrative unit of residence, the administrative unit in which the approved facility school is located and the Department of the placement within fifteen calendar days after the placement. If a court or public agency makes a public placement but fails to provide the required written notice, such court or public agency shall be responsible for the tuition costs for the child until such time as the required notification is made. If the child's administrative unit of residence does not provide written notice of disapproval of the child's placement in an approved facility school by a court or public agency within fifteen calendar days after the required notification, the placement shall be deemed appropriate. A decision to disapprove a placement must be based solely on the unavailability of appropriate educational services. If the placement is disapproved, the administrative unit of residence must assure that the child receives a free appropriate public education until an appropriate placement can be determined in accordance with these Rules.

9.03(2)(b) Placement in Charter Schools

When a child with a disability enrolls in and attends a charter school pursuant to Article 30.5 of Title 22, C.R.S., including a charter school that provides a multidistrict online school, the district of residence shall be responsible for paying to the charter school or the chartering authority, whichever is providing the special education services, the tuition costs incurred in educating the child. The chartering authority shall count the child for the October 1 Count, and the administrative unit of attendance shall count the child for the December 1 Special Education Count. The amount of the tuition costs shall be determined pursuant to Section 9.06(2) of these Rules. A written approval for the placement is not required from the administrative unit of residence or from the dis trict of residence. Nothing in this subsection shall be construed to apply to the charter contract entered into between a charter school and its chartering authority or to allow a charter school to seek tuition costs from its chartering authority. The tuition responsibility shall be reflected in a contract among the charter school, the administrative unit of residence and the district of residence, if it is not an administrative unit, in a form approved by the chartering authority, and consistent with Section 9.05(1) of these Rules. Under the circumstances described in this subsection, the provisions of Section 22-20-108(8), C.R.S. shall not apply.

9.03(2)(b)(i) Tuition shall be owed to the charter school for those children based on the criteria set forth in Section 9.03(1) of these Rules.

9.03(2)(b)(ii) The provisions in Section 9.03(2)(b) also apply when:

9.03(2)(b)(ii)(A) A child is already enrolled in the charter school and is subsequently identified as a child with a disability in connection with the child find process; or

9.03(2)(b)(ii)(B) A charter school, which has not been billing for tuition costs for an enrolled child with a disability, decides to initiate a tuition contract.

9.03(2)(b)(iii) The provisions in Section 9.03(2)(b) apply only if the charter school complies with the Rules herein governing tuition costs. Likewise, if the charter school does not intend to seek tuition costs, the charter school is not required to comply with Sections 9.03(2)(b), 9.04(2), 9.05(1), 9.06(2) and 9.07(2) of the Rules. This subsection in no way relieves the charter school or the administrative unit of attendance, depending on the charter contract, from the obligation to provide a free appropriate public education to the children with disabilities attending the charter school.

9.03(2)(c) Placement in Traditional Schools of Choice

When a child with a disability enrolls in and attends a school in an administrative unit other than the child's administrative unit of residence pursuant to the provisions of Section 22-36-101, C.R.S., and other than a multidistrict online school, and the school is not a charter school pursuant to Article 30.5 of Title 22, C.R.S., the district of residence shall be responsible for paying the tuition costs for educating the child to the district of attendance. The district where the child attends shall count the child for the October 1 Count, and the administrative unit of attendance shall count the child for the December 1 Special Education Count. The administrative unit of attendance, the district of attendance, if it is not an administrative unit, the administrative unit of residence, and the district of residence, if it is not an administrative unit, must negotiate a contract which does not need to be approved by the Department of Education. No written approval for the placement is required from the administrative unit of residence and/or the district of residence. The administrative unit of attendance shall provide notice in accordance with Section 9.04(1) of these Rules.

9.03(2)(c)(i) Tuition shall be owed to the district of attendance for those children based on the criteria set forth in Section 9.03(1) of these Rules.

9.03(2)(c)(ii) The provisions in Section 9.03(2)(c) of these Rules also apply when:

9.03(2)(c)(ii)(A) A child is already enrolled in the district of attendance under public schools of choice and is subsequently identified as a child with a disability in connection with the child find process; or

9.03(2)(c)(ii)(B) A district of attendance, which has not been billing for tuition costs for an enrolled child with a disability, decides to initiate a tuition contract.

9.03(2)(c)(iii) The provisions in Section 9.03(2)(c) of these Rules apply only if the district of attendance complies with the Rules herein governing tuition costs. Likewise, if the district of attendance does not intend to seek tuition costs, neither it nor the administrative unit of attendance is required to comply with Sections 9.03(2)(c), 9.04(1), 9.06(3), and 9.07(1) of these Rules. This subsection in no way relieves the administrative unit of attendance from the obligation to provide a free appropriate public education to the children with disabilities attending school in the administrative unit under public schools of choice.

9.03(2)(d) Placement in Multidistrict Online Schools

When a child with a disability enrolls in and attends a multidistrict online school that is not provided by a charter school, the district of residence shall be responsible for paying to the provider of the multidistrict online school the tuition costs incurred in educating the child. The district where the child attends school shall count the child for the October 1 Count, and the administrative unit of attendance shall count the child for the December 1 Special Education Count. The tuition responsibility shall be reflected in a contract among the administrative unit of attendance, the district of attendance, if it is not an administrative unit, the administrative unit of residence and the district of residence, if it is not an administrative unit, in accordance with Section 9.04(3) of these Rules, and in a form approved by the Department of Education. A written approval for the placement is not required from the administrative unit of residence or from the district of residence.

The online provider shall provide notice in accordance with these Rules when a child with a disability applies to enroll in the multidistrict online school. The amount of the tuition costs shall be determined pursuant to Section 9.06(4) of these Rules. Under the circumstances described in this subsection, the provisions of Section 22-20-108(8), C.R.S. shall not apply.

9.03(2)(d)(i) Tuition shall be owed to the multidistrict online school for those children based on the criteria set forth in Section 9.03(1) of these Rules.

9.03(2)(d)(ii) The provisions in Section 9.03(2)(d) of these Rules also apply when:

9.03(2)(d)(ii)(A) A child is already enrolled in the multidistrict online school and is subsequently identified as a child with a disability in connection with the child find process; or

9.03(2)(d)(ii)(B) A multidistrict online school, which has not been billing for tuition costs for a child with a disability enrolled in its program, decides to initiate a tuition contract.

9.03(2)(d)(iii) The provisions in Section 9.03(2)(d) of these Rules apply only if the multidistrict online school complies with the Rules herein governing tuition costs. Likewise, if the multidistrict online school does not intend to seek tuition costs, Sections 9.03(2)(d), 9.04(3), 9.05(2), 9.06(4) and 9.07(3) of these Rules do not apply. This subsection in no way relieves the administrative unit of attendance for the multidistrict online school from the obligation to provide a free appropriate public education to the children with disabilities attending the multidistrict online school.

9.03(2)(d)(iv) The provisions in Section 9.03(2)(d), 9.04(3), 9.05(2), 9.06(4) and 9.07(3) of these Rules do not apply to any online program that is providing services that are supplemental to the curriculum of a school district.

9.03(2)(e) Placement by Administrative Units

An administrative unit may purchase services from one or more administrative units where an appropriate special education program exists. The district of residence shall count the child for the October 1 Count, and the administrative unit of residence shall count the child for the December 1 Special Education Count. The two administrative units must negotiate a contract, including the cost of the program, which does not need to be approved by the Department of Education.

9.03(2)(f) Enrollment in Alternative Administrative Units

Notwithstanding any provision of this Section 9.03 of these Rules to the contrary:

9.03(2)(f)(i) An alternative administrative unit shall not charge the previous district of residence tuition for the excess costs incurred in educating a child with a disability unless the child is placed by a multidisciplinary team pursuant to section 22-20-108(4), C.R.S., in the alternative administrative unit and the child meets the criteria for funding pursuant to section 22-20-114(1)(c)(II), C.R.S. The amount of tuition shall be established in a manner substantially similar to the process in Section 9.03(2)(b).

9.03(2)(f)(ii) If the parents of a child with a disability remove the child from enrollment in the alternative administrative unit after the annual count date to determine state funding for children with disabilities, the alternative administrative unit continues to be deemed the administrative unit of residence for that child for the remainder of the school year and may be required to pay the tuition charge for excess costs to the administrative unit of attendance that enrolls the child for the remainder of the school year. The amount of tuition shall be prorated as appropriate and shall be established in a manner substantially similar to the process in Section 9.03(2)(b).

9.03(2)(f)(iii) If a child with a disability who is enrolled in an alternative administrative unit is placed by an IEP team in an approved facility school or other private setting for special education purposes, the child with a disability continues to be enrolled in the alternative administrative unit (which is thus the district of residence for purpose of Section 9.03(2)(a) of these Rules) until:

9.03(2)(f)(iii)(A) The parents of the child with a disability initiate a change in enrollment that results in the child with a disability attending a school affiliated with a different administrative unit;

9.03(2)(f)(iii)(B) The child with a disability is no longer enrolled in the school of the alternative administrative unit because the child with a disability is no longer entitled by age to continue in the school of the alternative administrative unit, unless the child with a disability has reached the age of eighteen and qualifies for transition services and is enrolled in a school that offers high school;

9.03(2)(f)(iii)(C) The child with a disability is no longer enrolled in the school of the alternative administrative unit because the child with a disability is home-schooled or enrolled in a private school for general education purposes; or

9.03(2)(f)(iii)(D) The placement of the child with a disability in an approved facility school or other private setting for special education purposes ends and, subsequently, the enrollment of the child with a disability in the alternative administrative unit ends for any reason permitted by law.

9.03(2)(f)(iii)(E) Nothing in this rule 9.03(2)(f)(iii) modifies rule 9.03(2)(f)(i) and (ii).

9.04SCHOOLS OF CHOICE NOTIFICATION REQUIREMENTS

9.04(1)Notice - Public Schools Of Choice That Are Not Charter Schools Or Multidistrict Online Schools

The district of attendance shall provide written notice to the district of residence when a child is admitted in one of its schools and the principal of the school knows that the child is a child with a disability. The specific requirements for the written notice are set forth below:

9.04(1)(a) Applies to Enroll

As required by federal law, the State Board interprets the term "applies to enroll" as used in Section 22-20-109, C.R.S., to refer the point at which this student is admitted, i.e., the district of attendance has offered a space to the child and the parent(s) has accepted the offer.

9.04(1)(b) Content of Notice

The written notice by the district of attendance shall identify the child by name; date of birth; state assigned student identifier (SASID), if available; date of admission; and that the child has been identified as a child with a disability.

9.04(1)(c) Manner

The notice shall be in writing, shall be signed by the school principal and shall be sent to the superintendent of the district of residence, if the district of residence is not an administrative unit, and to the special education directors of the administrative units of attendance and residence. The manner in which the written notice is provided must maintain the confidentiality of the child's personal information in accordance with the policy of the administrative unit of attendance.

9.04(1)(d) Timing

The notice shall be sent within 15 calendar days after the occurrence of the following two events:

9.04(1)(d)(i) The child has is admitted in the district of attendance; and

9.04(1)(d)(ii) Upon exercising timely and due diligence, the school principal knows that the child is a child with a disability.

9.04(1)(e) Change in District of Residence

If there is a change in the child's district of residence, the same notification and timelines set forth in this Section 9.04(1) must be followed. In addition, the district of attendance must notify the special education director of the former administrative unit of residence, the superintendent of the former district of residence, if it is not an administrative unit, and the special education director of the administrative unit of attendance that the child has moved and the date that the move occurred, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency.

9.04(2)Notice - Charter Schools

The charter school shall provide written notice to the district of residence when a child is admitted in the charter school and the charter school's administrator knows that the child is a child with a disability. The specific requirements for the written notice are set forth below:

9.04(2)(a) Applies to Enroll

As required by federal law, the State Board interprets the term "applies to enroll" as used in Section 22-20-109, C.R.S., to refer the point at which this student is admitted, i.e., the charter school has offered a space to the child and the parent(s) has accepted the offer.

9.04(2)(b) Content of Notice

The written notice by the charter school shall identify the child by name; date of birth; state assigned student identifier (SASID), if available; date of admission; and that the child has been identified as a child with a disability.

9.04(2)(c) Manner

The notice shall be in writing, shall be signed by the charter school administrator and shall be sent to the superintendent of the district of residence, if the district of residence is not an administrative unit, and to the directors of special education for both the administrative units of residence and attendance. The manner in which the written notice is provided must maintain the confidentiality of the child's personal information in accordance with the policy of the administrative unit of attendance.

9.04(2)(d) Timing

The notice shall be sent within 15 calendar days after the occurrence of the following two events:

9.04(2)(d)(i) The child has is admitted in the charter school; and

9.04(2)(d)(ii) Upon exercising timely and due diligence, the charter school administrator knows that the child is a child with a disability.

9.04(2)(e) Change in District of Residence

If there is a change in the child's district of residence, the same notification and timelines set forth in this Section 9.04(2) must be followed. In addition, the charter school must notify the special education director of the former administrative unit of residence, the superintendent of the former district of residence, if it is not an administrative unit, and the special education director for the administrative unit of attendance that the child has moved and the date that the move occurred, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency.

9.04(3) NOTICE - Multidistrict Online Schools

The multidistrict online school shall provide written notice to the district of residence when a child is admitted in the multidistrict online school and the multidistrict online school's director knows that the child is a child with a disability. The specific requirements for the written notice are set forth below:

9.04(3)(a) Applies to Enroll

As required by federal law, the State Board interprets the term "applies to enroll" as used in Section 22-20-109, C.R.S., to refer the point at which this student is admitted, i.e., the multidistrict online school has offered a space to the child and the parent(s) has accepted the offer.

9.04(3)(b) Content of Notice

The written notice by the multidistrict online school director shall identify the child by name; date of birth; state assigned student identifier (SASID), if available; anticipated date of admission; and that the child has been identified as a child with a disability.

9.04(3)(c) Manner

The notice shall be signed by the director of the multidistrict online school and shall be sent to the superintendent of the district of residence, if the district of residence is not the administrative unit of residence, and to the directors of special education for the administrative units of attendance and residence. The manner in which the written notice is provided must maintain the confidentiality of the child's personal information in accordance with the policy of the administrative unit of attendance.

9.04(3)(d) Timing

The notice shall be sent within 15 calendar days after the occurrence of the following two events:

9.04(3)(d)(i) The child has is admitted in the multidistrict online school, as defined in this Section; and

9.04(3)(d)(ii) Upon exercising timely and due diligence, the multidistrict online school director knows that the child is a child with a disability.

9.04(3)(e) Change in District of Residence

If there is a change in the child's district of residence the same notification and timelines set forth in this Section 9.04(3) must be followed. In addition, the multidistrict online school must notify the special education director of the former administrative unit of residence, the superintendent of the former district of residence, if it is not an administrative unit, and the special education director for the administrative unit of attendance that the child has moved and the date that the move occurred, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency.

9.05CONTRACT FOR TUITION RESPONSIBILITY

9.05(1)Charter Schools (Including Multidistrict Online Schools that are Charter Schools)

9.05(1)(a) Contract Elements

The charter school, the administrative unit of residence and the district of residence, if it is not an administrative unit, shall establish the tuition responsibility of the district of residence for each child with a disability through a written contract in a form approved by the chartering authority. The provisions of this section apply only if the charter school intends to seek tuition costs. Likewise, if the charter school does not intend to seek tuition costs, the charter school is not required to comply with this section. The written contract must contain, at a minimum, the following elements:

9.05(1)(a)(i) The name of the district of residence;

9.05(1)(a)(ii) The name of the administrative unit of residence, if different from the district of residence;

9.05(1)(a)(iii) The name of the charter school;

9.05(1)(a)(iv) The name of the chartering authority;

9.05(1)(a)(v) The name of the administrative unit of attendance, if different from the chartering authority;

9.05(1)(a)(vi) The name of the child;

9.05(1)(a)(vii) The child's date of birth;

9.05(1)(a)(viii) The child's address;

9.05(1)(a)(ix) The child's primary disability;

9.05(1)(a)(x) Whether the child will be attending full-time or part-time;

9.05(1)(a)(xi) The charter school's tuition cost rate as approved by the state board, or, if the tuition cost rate has not been approved as of the date that the contract has been signed, a statement that the state board approved rate will be charged;

9.05(1)(a)(xii) The number of school days (student contact days) covered by the contract;

9.05(1)(a)(xiii) The schedule for billing and payment, which should be on a monthly basis;

9.05(1)(a)(xiv) A statement that the charter school will notify the directors of special education for the administrative units of residence and attendance, as well as the superintendent of the district of residence, if the district is not an administrative unit, within 15 calendar days of the date of the child's withdrawal from the charter school or when the child is otherwise no longer attending the charter school. If the charter school is multidistrict online school, this section shall not apply. Instead, Section 9.05(2)(a)(xiii) shall apply.

9.05(1)(a)(xv) A statement that the charter school will not bill the district of residence for more than 5 consecutive days of unexcused absences or for more than 10 cumulative days of unexcused absences during the school year;

9.05(1)(a)(xvi) A statement that the charter school or the administrative unit of attendance, whichever is responsible according to the charter contract, will timely notify the director of special education for the administrative unit residence when the child's IEP team is being convened to review the child's IEP or to consider a change in placement for the child. The meeting notification shall be provided at the same time that notice is sent to the parent(s);

9.05(1)(a)(xvii) A statement that the tuition cost responsibility commences on the date that services under an existing IEP commence, unless the child's IEP team determines that the charter school is not an appropriate placement for the child or that the child is no longer a child with a disability as defined by these Rules. Nothing herein shall be construed to modify current educational placement requirements under Section 6.03(14) of these Rules; and

9.05(1)(a)(xviii) Signature lines for the individuals who are legally authorized to sign the contract on behalf of the charter school, the administrative unit of residence, and the district of residence if it is not an administrative unit.

9.05(1)(b) Additional Contract Elements for Children Enrolled in Charter School Multidistrict Online Schools

If the charter school sponsors a multidistrict online school, the costs of direct speech language instruction and related services will not be included in the charter school's tuition cost rate. Instead, the cost of those services may be added to the total tuition cost amount. When a child's IEP specifies speech/language instruction and/or related services, the contract between the charter school, the administrative unit of residence and the district of residence, if it is not an administrative unit, must contain the following additional elements:

9.05(1)(b)(i) A statement that the child's IEP specifies speech/language instruction and/or related services and a description of the nature and duration of such services;

9.05(1)(b)(ii) A statement identifying which entity (i.e., the charter school, the chartering school authority, the administrative unit of attendance, if different from the chartering authority, the administrative unit of residence or a third party) will deliver such services;

9.05(1)(b)(iii) If the parties agree that the administrative unit of residence will deliver the speech-language instruction and/or related services, a statement describing the responsibilities of the parties if it is determined that the administrative unit of residence is failing or has failed to provide appropriate services as specified by the child's IEP;

9.05(1)(b)(iv) If the parties agree that the administrative unit of attendance will deliver the speech-language instruction and/or related services, a statement describing the responsibilities of the parties if it is determined that the administrative unit of attendance is failing or has failed to provide appropriate services as specified by the child's IEP;

9.05(1)(b)(v) A statement describing whether the costs of providing the speech-language instruction and/or related services will be an add-on to the tuition cost rate approved by the State Board that will be billed and an identification of what those costs will be;

9.05(1)(b)(vi) If the speech-language instruction and/or a related service are to be provided by the charter school or a third party contractor with the charter school that is not the administrative unit of residence, the contract shall contain a statement that the district of residence will be responsible for only the cost of providing the service in the amount of time specified on the child's IEP. If such services are to be provided by the charter school or a third party contractor of the charter school, the contract shall contain a statement describing the responsibilities of the parties if it is determined that the charter school or its third party contractor is failing or has failed to provide appropriate services as specified by the child's IEP; and

9.05(1)(b)(vii) If speech-language instruction and/or related services associated with child find are being claimed, then such services must be included in the charter school's tuition cost rate.

9.05(1)(c) Change in District of Residence

If there is a change in the child's district of residence the charter school must notify the new district of residence in accordance with Section 9.04 of these Rules. The charter school must also enter into a tuition contract with the new district of residence in accordance with Section 9.05 of these Rules, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency.

9.05(1)(d) Extended School Year Services

If the child's IEP specifies that the child is to receive extended school year services, a separate contract for those services must be entered into between the charter school, the administrative unit of residence, and the district of residence, if it is not an administrative unit.

9.05(1)(e) Contract Timelines

9.05(1)(e)(i) The charter school shall send the proposed tuition contract to the special education director of the administrative unit of residence, and to the district to residence, if it is not an administrative unit, within 15 calendar days following the date it is determined that the charter school is an appropriate placement for the child.

9.05(1)(e)(ii) The district of residence shall provide written acknowledgement of the receipt of the proposed tuition contract within 15 calendar days of its receipt of the contract. The district of residence shall have 30 additional calendar days to negotiate, execute and return the contract. In the event that the contract is not executed and returned within 45 calendar days of the district of residence's receipt of the proposed contract, the tuition responsibility shall be as stated in Section 22-20-109(5), C.R.S., even though a contract has not been executed.

9.05(2)Multidistrict Online Schools (Excluding Charter Schools that Are Multidistrict Online Schools)

9.05(2)(a) Contract elements

The administrative unit of attendance, the district of attendance, if it is not an administrative unit, the administrative unit of residence, and the district of residence, if it is not an administrative unit, shall establish the tuition responsibility of the district of residence for each child with a disability through a written contract in a form approved by the Department of Education. The provisions of this section shall apply only if the multidistrict online school intends to seek tuition costs. Likewise, if the multidistrict online school does not intend to seek tuition costs, the administrative unit of attendance and the district of attendance, if it is not an administrative unit, is not required to comply with this section. The written contract must contain, at a minimum, the following elements:

9.05(2)(a)(i) The name of the district of residence;

9.05(2)(a)(ii) The name of the administrative unit of residence, if different from the district of residence;

9.05(2)(a)(iii) The name of the multidistrict online school;

9.05(2)(a)(iv) The name of the sponsoring district(s) and/or the board of cooperative services;

9.05(2)(a)(v) The name of the child;

9.05(2)(a)(vi) The child's date of birth;

9.05(2)(a)(vii) The child's address;

9.05(2)(a)(viii) The child's primary disability;

9.05(2)(a)(ix) Whether the child will be attending full-time or part-time;

9.05(2)(a)(x) The multidistrict online school's tuition cost rate as approved by the state board or, if the tuition cost rate has not been approved as of the date that the contract has been signed, a statement that the State Board approved rate will be charged;

9.05(2)(a)(xi) The number of school days (student contact days) covered by the contract;

9.05(2)(a)(xii) The schedule for billing and payment, which should be on a monthly basis;

9.05(2)(a)(xiii) A statement that when a child with a disability withdraws from the multidistrict online school, or is otherwise not attending the multidistrict online school, the multidistrict online school shall provide notice to the special education directors of the administrative units of residence and attendance, and to the superintendent of the district of residence if the district is not an administrative unit. This contract element shall not be interpreted to relieve the multidistrict online school of its obligations regarding truancy pursuant to Section 22-33-107, C.R.S. Notice pursuant to this rule for unexcused nonattendance shall be provided upon the earliest occurrence of the following:

9.05(2)(a)(xiii)(A) The child is absent for 10 consecutive school days from the multidistrict online school's regular education program; or

9.05(2)(a)(xiii)(B) The child is absent for 3 consecutive sessions of scheduled direct special education services, or the parent is absent for 3 consecutive sessions of consultative special education services; or

9.05(2)(a)(xiii)(C) The child is absent for scheduled direct special education services during 10 cumulative school days or the parent is absent for consultative special education services for 10 cumulative school days.

9.05(2)(a)(xiv) A statement that the multidistrict online school will not bill the district of residence for unexcused absences in excess of the earliest occurrence of the circumstances defined above in Section 9.05(2)(a)(xiii);

9.05(2)(a)(xv) A statement that the multidistrict online school will timely notify the special education director of the administrative unit of residence when the child's IEP team is being convened to review the child's IEP or to consider a change in placement for the child. The meeting notification shall be provided at the same time that notice is sent to the parent(s);

9.05(2)(a)(xvi) A statement that the tuition cost responsibility commences on the date that services under an existing IEP commences, unless the child's IEP team determines that the multidistrict online school is not an appropriate placement for the child or that the child is no longer a child with a disability as defined by these Rules. Nothing herein shall be construed to modify current educational placement requirements under Section 6.03(14)(a) of these Rules; and

9.05(2)(a)(xvii) Signature lines for the individuals who have legal authority to sign the contract on behalf of the administrative unit of attendance, the district of attendance if it is not an administrative unit, the administrative unit of residence, and the district of residence if it is not an administrative unit.

9.05(2)(b) Transfer of Special Education Revenues

If the administrative unit of attendance and the district of attendance, if it is not an administrative unit, on behalf of the multidistrict online school, contracts with the administrative unit of residence for all special education and related services, then all state and federal special education funds shall be forwarded to the administrative unit of residence for those services.

9.05(2)(c) Additional Contract Elements for Contracts Involving Speech-language Instruction and/or Related Services.

The costs of direct speech-language instruction and related services shall not be included in the multidistrict online school's tuition cost rate. Instead, the cost of those services may be added to the total tuition cost amount. When a child's IEP specifies speech-language instruction and/or related services, the tuition contract must contain the following additional elements:

9.05(2)(c)(i) A statement that the child's IEP specifies speech-language instruction and/or related services, and a description of the nature and duration of such services as specified by the IEP;

9.05(2)(c)(ii) A statement identifying which entity (i.e., the administrative unit of attendance, the administrative unit of residence or a third party) will deliver such services;

9.05(2)(c)(iii) If the parties agree that the administrative unit of residence will deliver the speech-language instruction and/or related services, a statement describing the responsibilities of the parties should it be determined that the administrative unit of residence is failing, or has failed, to provide appropriate services as specified by the child's IEP;

9.05(2)(c)(iv) If the parties agree that the administrative unit of attendance will deliver the speech-language instruction and/or related services and the district of residence will pay the tuition costs for such services, a statement describing the responsibilities of the parties should it be determined that the administrative unit of attendance is failing, or has failed, to provide appropriate services as specified by the child's IEP;

9.05(2)(c)(v) If the multidistrict online school is providing the speech-language instruction and/or related services, a statement describing whether the costs of providing the speech-language instruction and/or related service will be an addon to the tuition cost rate approved by the State Board and an identification of what those costs will be;

9.05(2)(c)(vi) If the speech-language instruction and/or a related service are to be provided by the multidistrict online school through a third party contractor that is not the administrative unit of residence, the contract shall contain a statement that the district of residence will be responsible for only the cost of providing the services for the amount of time specified on the child's IEP. If such services are to be provided by the multidistrict online school or a third party contractor of the multidistrict online school, the contract shall contain a statement describing the responsibilities of the parties if it is determined that the service provider is failing, or has failed, to provide appropriate services as specified by the child's IEP, and

9.05(2)(c)(vii) If speech-language instruction and/or related services associated with child find are being claimed, then such instruction and/or related services must be included in the multidistrict online school's tuition cost rate.

9.05(2)(d) Change in District of Residence

If there is a change in the child's district of residence the multidistrict online school must notify the new district of residence in accordance with Section 9.04 of these Rules. The multidistrict online school must also enter into a tuition contract with the new district of residence in accordance with Section 9.05 of these Rules, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency.

9.05(2)(e) Extended School Year Services

If the child's IEP specifies that the child is to receive extended school year services, a separate contract for those services must be entered into between the administrative unit of attendance, the district of attendance, if it is not an administrative unit, the administrative unit of residence, and the district of residence, if it is not an administrative unit.

9.05(2)(f) Contract Timelines

9.05(2)(f)(i) The district of attendance shall send the proposed tuition contract to the district of residence within 15 calendar days following the date that the child's IEP team determines that the multidistrict online school is an appropriate placement for the child.

9.05(2)(f)(ii) The district of residence shall provide written acknowledgement of the receipt of the proposed tuition contract within 15 calendar days of its receipt of the contract. The district of residence shall have 30 additional calendar days to negotiate, execute and return the contract. In the event that the contract is not executed and returned within 45 calendar days of the district of residence's receipt of the proposed contract, the tuition responsibility shall be as stated in Section 22-20-109(6), C.R.S., even though a contract has not been executed.

9.06DOCUMENTATION OF TUITION COSTS

9.06(1)Approved Facility Schools

9.06(1)(a) Starting the 2024-25 school year, tuition costs for approved facility schools will be structured in tiers. CDE will establish tiers (i.e., levels) for the purpose of tuition cost rates. CDE will annually make two designations:

(1) assignment of each approved facility school to a tier; and

(2) determination of a tuition cost rate for each tier. The tuition cost rate must be based primarily on special education staff salaries, special education staff employment benefits, and additional expenses for special education programming such as professional development, assessments, and specialized equipment. When determining annual tuition cost rates for each tier, CDE may consider previous tuition cost rates as well as actual costs incurred by approved facility schools to provide special education programming, as demonstrated by documentation submitted to CDE.

9.06(1)(b) Annually, approved facility schools must submit to CDE information about certain costs to provide special education programming, as requested on forms developed by CDE. At a minimum, CDE may collect information about the following: information about staff-to-student ratios; the number of school days that the approved facility school offers the program; special education expenditures as defined in section 2.00 of these rules; and other education costs. CDE may use the information collected to establish the tiered tuition cost rates.

9.06(1)(c) The State Board must annually review and approve CDE's assignment of approved facility school tiers and determination of tuition cost rates for each tier.

9.06(1)(d) A percentage of the baseline funding amount, to be determined annually by the Department of Education, shall be applied as revenue toward indirect costs of the special education program, such as utilities, maintenance, administrative support services, regular education, and other items that may be determined by the Department.

9.06(1)(e) In no instance shall the total revenues received by the approved facility school for Department of Education approved costs for special education services exceed 100 percent of the total expenditures for the provision of those special education services. In other words, the total revenue should not exceed the total actual costs.

9.06(1)(f) If an approved facility school believes it belongs in a different tuition rate tier than the tier designated by the Department of Education and approved by the State Board, the approved facility school may provide written notice to the Department of Education's Office of Facility Schools explaining the basis for its request to be placed in a different tuition rate tier no later than 30 days from the State Board's annual determination of tuition rate tiers. The Department of Education's Office of Facility Schools will review the request for reconsideration and issue a written decision within 30 days of receipt of the request.

9.06(2)Charter Schools, Excluding Charter Schools That Are On-line Programs

The provisions of this section apply only if the charter school intends to seek tuition costs. Likewise, if the charter school does not intend to seek tuition costs, the charter school is not required to comply with this section.

9.06(2)(a) Annually, charter schools, excluding charter schools that are also on-line programs, must submit to the Department an itemized documentation of the proposed amount of tuition costs to be charged to a district of residence for special education services provided to a child with disabilities who is enrolled in the charter school. If appropriate, multiple rates may be set for different programs within the charter school. The special education director of the administrative unit of attendance shall certify that the information contained in the documentation is accurate and that the criteria set forth in 9.03(1) are met.

9.06(2)(b) The documentation must be submitted on forms developed by the Department and in accordance with timelines established by the Department. The documentation must include the following:

9.06(2)(b)(i) Special education expenditures defined in Section 2.00 of these Rules;

9.06(2)(b)(ii) The number of days in the school year during which the charter school offers the program;

9.06(2)(b)(iii) Expenditures for the regular education program, administration, personnel costs, business services, and occupancy; and

9.06(2)(b)(iv) The average number of children enrolled in the charter school, and the number of those children with disabilities.

9.06(2)(c) For the purpose of establishing a tuition rate, student/staff ratios in a particular program shall be approved by the chartering authority and shall be reasonably consistent with the ratios of the chartering authority, for serving students with comparable disabilities.

9.06(2)(d) The type of supplies and equipment that may be included in the documented special education costs shall be unique for children with disabilities. The Department shall limit the amount for supplies and equipment to be included in the rate to no more than 1.1 times the average cost per child with disabilities for supplies and equipment for administrative units in the most recent year for which data are available.

9.06(2)(e) Tuition costs shall be determined after deducting applicable revenues, as defined in Section 9.01(1) of these Rules.

9.06(2)(f) If the charter school accepts a child for which it has not received PPR or per child preschool rate funding, the PPR or per child preschool rate amounts must still be included as an applicable revenue for purposes of establishing tuition costs.

9.06(2)(g) If the charter school provides an extended school year program for children with disabilities, a separate tuition rate form must be submitted for the program.

9.06(2)(h) In no case shall the total revenues received by the charter school for Department approved costs for special education services exceed 100 percent of the total expenditures for the provision of those special education services.

9.06(2)(i) In no case shall regular education and other education costs exceed the per pupil revenue received by the charter school.

9.06(2)(j) A percentage of the per pupil revenue or per child preschool rate, as documented on the rate setting form for each charter school, shall be applied as revenue toward the special education costs submitted on the rate setting form by the charter school.

9.06(2)(k) Based on this information, the Department will recommend to the State Board of Education for approval, tuition rates for charter schools.

9.06(2)(l) Costs for additional services, supplies or equipment required by an individual child, and documented on an IEP, shall be negotiated with the administrative unit of residence and the district of residence, if it is not an administrative unit, and shall not be included in the tuition rate submitted for approval.

9.06(3)School Districts

Special Education tuition costs involving two school districts should be negotiated between the administrative unit of attendance, the district of attendance, if it is not an administrative unit, the administrative unit of residence and the district of residence, if it is not an administrative unit, and do not need to be submitted to the Department of Education for approval. This includes costs for children with disabilities who are attending school outside their district of residence under the Public Schools of Choice law. In establishing the tuition cost, all applicable revenues as defined in Section 9.01(1) of these Rules shall be deducted.

9.06(4)Multidistrict Online Schools, Including Charter Schools

The provisions of this section apply only if the on-line program intends to seek tuition costs. Likewise, if the multidistrict online school does not intend to seek tuition costs, it is not required to comply with this section.

9.06(4)(a) Annually, multidistrict online schools must submit to the Department of Education an itemized documentation of the proposed amount of tuition costs to be charged to a district of residence for special education services provided to children with disabilities who are enrolled in the multidistrict online school. The special education director of the administrative unit of attendance shall certify that the information contained in the documentation is accurate and that the criteria set forth in 9.03(1) are met.

9.06(4)(b) The documentation must be submitted on forms developed by the Department and in accordance with timelines established by the Department. The documentation must include the following:

9.06(4)(b)(i) Special education expenditures defined in Section 2.00 of these Rules;

9.06(4)(b)(ii) The number of days in the school year during which the multidistrict online school offers the program;

9.06(4)(b)(iii) Expenditures for the regular education program, administration, personnel costs, occupancy, and business services; and

9.06(4)(b)(iv) The average number of children enrolled in the multidistrict online school, and the number of those children with disabilities.

9.06(4)(c) For the purpose of establishing a tuition rate, student/staff ratios in a particular program shall be approved by the administrative unit of attendance, and shall be reasonably consistent with that unit's ratios for serving students with comparable disabilities.

9.06(4)(d) The type of supplies and equipment that may be included in the documented special education costs shall be unique for children with disabilities. The Department shall limit the amount for supplies and equipment to be included in the rate to no more than 1.1 times the average cost per child with disabilities for supplies and equipment for administrative units in the most recent year for which data are available.

9.06(4)(e) Tuition costs shall be determined after deducting applicable revenues, as defined in Section 9.01(1) of these Rules.

9.06(4)(f) If the multidistrict online school accepts a child for which i t has not received the state minimum PPR funding, the state minimum PPR must still be included as an applicable revenue for purposes of establishing tuition costs.

9.06(4)(g) If the multidistrict online school provides an extended school year program for children with disabilities, a separate tuition rate form must be submitted for the program.

9.06(4)(h) In no case shall the total revenues received by the multidistrict online school for Department of Education approved costs for special education services exceed 100 percent of the total expenditures for the provision of those special education services.

9.06(4)(i) In no case shall regular education and other education costs exceed the per pupil revenue received by the multidistrict online school.

9.06(4)(j) A percentage of the per pupil revenue, as documented on the rate setting form for each multidistrict online school, shall be applied as revenue toward the special education costs submitted on the rate setting form by the program.

9.06(4)(k) Based on this information, the Department will recommend to the State Board of Education for approval, tuition rates for multidistrict online schools.

9.06(4)(l) Costs for additional services, supplies or equipment required by an individual child, and documented on an IEP, shall be negotiated with the administrative unit of residence, and the district of residence, if it is not an administrative unit, and shall not be included in the tuition rate submitted for approval.

9.07PROCEDURES FOR RESOLVING DISAGREEMENTS

The following procedures shall be available for resolving disputes involving tuition charges:

9.07(1) School Districts

9.07(1)(a) If a district of attendance determines that the district of residence has not paid the tuition costs incurred in educating a child with a disability as required in Section 22-20-109(4), C.R.S., the district of attendance may seek a determination from the State Board in accordance with the following provisions:

9.07(1)(a)(i) If a district of attendance determines that the district of residence has not forwarded to the district of attendance the amount due to it in accordance with the terms of the tuition contract and these rules, the district of attendance may seek a determination from the State Board regarding whether the district of residence improperly withheld any portion of the amount due to it. A district of attendance that chooses to request a determination of issues shall submit the request within the next fiscal year following the fiscal year in which the district of residence may have improperly withheld funding; except that, if the tuition contract requires the district of attendance to complete any requirements prior to seeking a determination from the State Board, the district of attendance shall submit the request no later than the end of the next fiscal year following the fiscal year in which the district of attendance completes said requirements.

9.07(1)(a)(ii) Upon receipt from a district of attendance of a request for a determination of whether the district of residence has improperly withheld any portion of the amount due to it, the State Board Shall direct the Department of Education to review the terms of the tuition contract and the relevant information of the district of attendance and the district of residence, and make a recommendation to the State Board regarding whether the district of residence improperly withheld any portion of the amount due to it. The Department shall request from the district of residence and the district of attendance all information as soon as possible following the request, but in no event later than thirty days after completion of the annual financial audit. The Department shall forward its recommendation to the State Board within sixty days after receiving all of the requested information from the districts of attendance and residence.

9.07(1)(a)(iii) At the next State Board meeting following receipt of the recommendation of the Department, the State Board shall issue its decision regarding whether the district of residence improperly withheld any portion of the amount due to the district of attendance. If the State Board finds that the district of residence improperly withheld any portion of the amount due to the district of attendance, the district of residence shall pay to the district of attendance, within thirty days after issuance of the decision, the amount improperly withheld.

9.07(1)(a)(iv) If the district of residence fails within the thirty-day period to pay the full amount that was improperly withheld, the district of attendance may notify the department. The department shall withhold from the state equalization payment of the district of residence the unpaid portion of the amount improperly withheld by the district of residence and pay the unpaid portion directly to the district of attendance.

9.07(1)(a)(v) Third Party Facilitation

The parties may utilize third party facilitation as a dispute resolution process for resolving tuition charge disputes including disputes arising out of the contract itself and disputes arising during the formation of a proposed contract. Third party facilitation must be voluntary. The parties agreeing to third party facilitation are responsible for paying its costs.

9.07(1)(b) The dispute resolution procedure established in Section 9.07 of these Rules may also be utilized by the district of residence if it determines that it has been paying a tuition charge for a child who withdrew from the district of attendance, or who otherwise has not been attending the district of attendance, or if the child's residency, as defined in Section 22-20-107.5, C.R.S., has changed.

9.07(2)Charter Schools

9.07(2)(a) If a charter school determines that the district of residence has not paid the tuition costs incurred in educating a child with a disability as required in Section 22-20-109(5), C.R.S., the charter school may seek a determination from the State Board in accordance with the following provisions:

9.07(2)(a)(i) If a charter school determines that the district of residence has not forwarded to the charter school the amount due to the charter school in accordance with the terms of the tuition contract and these Rules, the charter school may seek a determination from the State Board regarding whether the district of residence improperly withheld any portion of the amount due to the charter school. A charter school that chooses to request a determination of issues shall submit the request within the next fiscal year following the fiscal year in which the district of residence may have improperly withheld funding; except that, if the tuition contract requires the charter school to complete any requirements prior to seeking a determination from the State Board, the charter school shall submit the request no later than the end of the next fiscal year following the fiscal year in which the charter school completes said requirements.

9.07(2)(a)(ii) Upon receipt from a charter school of a request for a determination of whether the district of residence has improperly withheld any portion of the amount due to the charter school, the State Board shall direct the Department to review the terms of the tuition contract and the relevant information of the charter school and the district of residence, and make a recommendation to the State Board regarding whether the district of residence improperly withheld any portion of the amount due to the charter school. The Department shall request from the district of residence and the charter school all information as soon as possible following the request, but in no event later than thirty days after completion of the annual financial audit. The Department shall forward its recommendation to the State Board within sixty days after receiving all of the requested information from the district of residence and the charter school.

9.07(2)(a)(iii) At the next State Board meeting following receipt of the recommendation of the Department of Education, the State Board shall issue its decision regarding whether the district of residence improperly withheld any portion of the amount due to the charter school. If the State Board finds that the district of residence improperly withheld any portion of the amount due to the charter school, the district of residence shall pay to the charter school, within thirty days after issuance of the decision, the amount improperly withheld. In addition, the district of residence shall pay the costs incurred by the Department in reviewing the necessary information to make its recommendation. If the State Board finds that the district of residence did not improperly withhold any portion of the amount due to the charter school, the charter school shall pay the costs incurred by the Department in reviewing the necessary information to make its recommendation.

9.07(2)(a)(iv) If the district of residence fails within the thirty-day period to pay the full amount that was improperly withheld, the charter school may notify the Department. The Department shall withhold from the state equalization payment of the district of residence the unpaid portion of the amount improperly withheld by the district of residence and pay the unpaid portion directly to the charter school.

9.07(2)(a)(v) If the State Board finds that the district did not improperly withhold any portion of the amount due to the charter school, the charter school shall pay the costs incurred by the Department in reviewing the necessary information to make its recommendation.

9.07(2)(a)(vi) Third Party Facilitation

The parties may utilize third party facilitation as a dispute resolution process for resolving tuition cost disputes including disputes arising out of the contract itself and disputes arising during the formation of a proposed contract. Third party facilitation must be voluntary. The parties agreeing to third party facilitation are responsible for paying its costs.

9.07(2)(b) The dispute resolution procedure established in Section 9.07 of these Rules may also be utilized by the district of residence if it determines that it has been paying tuition costs for a child who withdrew from the charter school, or who otherwise has not been attending the charter school, or if the child's residency, as defined in Section 22-20-107.5, C.R.S., has changed.

9.07(3)Multidistrict Online Schools

9.07(3)(a) If a multidistrict online school determines that the district of residence has not paid the tuition charge for excess cost incurred in educating a child with a disability, as required in Section 22-20-109(6), C.R.S., the district of attendance, on behalf of the multidistrict online school, may seek a determination from the State Board in accordance with the following provisions:

9.07(3)(a)(i) If the district of attendance determines that the district of residence has not forwarded to the multidistrict online school the amount due in accordance with the terms of the tuition contract and the provisions of these Rules, the district of attendance may seek a determination from the State Board regarding whether the district of residence improperly withheld any portion of the amount due. A district of attendance that chooses to request a determination of the issues shall submit the request within the next fiscal year following the fiscal year in which the district of residence may have improperly withheld funding; except that, if the tuition contract requires the multidistrict online school and/or the district of attendance to complete any requirements prior to seeking a determination from the department, the district of attendance shall submit the request no later than the end of the next fiscal year following the fiscal year in which the multidistrict online school and/or the district of attendance completes said requirements.

9.07(3)(a)(ii) Upon receipt from a district of attendance of a request for a determination of whether the district of residence improperly withheld any portion of the amount due to the multidistrict online school, the State Board shall direct the Department to review the terms of the tuition contract and other relevant information of the multidistrict online school, and the Department shall make a recommendation to the State Board regarding whether the district of residence improperly withheld any portion of the amount due. The Department shall request from the district of residence, the district of attendance, and the multidistrict online school all information as soon as possible following the request, but in no event later than thirty days after completion of the annual financial audit. The Department shall forward its recommendation to the State Board within sixty days after receiving all of the requested information from the district of residence, the district of attendance, and the multidistrict online school.

9.07(3)(a)(iii) At the next State Board meeting following receipt of the recommendation of the Department, the State Board shall issue its decision regarding whether the district of residence improperly withheld any portion of the amount due to the multidistrict online school. If the State Board finds that the district of residence improperly withheld any portion of the amount, the district of residence shall pay to the multidistrict online school, within thirty days after issuance of the decision, the amount improperly withheld.

9.07(3)(a)(iv) If the district of residence fails within the thirty-day period to pay the full amount that was improperly withheld, the multidistrict online school may notify the Department. The Department shall withhold from the state equalization payment of the district of residence the unpaid portion of the amount improperly withheld by the district of residence and pay the unpaid portion directly to the multidistrict online school.

9.07(3)(a)(v) Third Party Facilitation

The parties may utilize third party facilitation as a dispute resolution process for resolving tuition charge disputes including disputes arising out of the contract itself and disputes arising during the formation of a proposed contract. Third party facilitation must be voluntary. The parties agreeing to third party facilitation are responsible for paying its costs.

9.07(3)(b) The dispute resolution procedure established in Section 9.07 of these Rules may also be utilized by the district of residence if it determines that it has been paying a tuition charge for a child who withdrew from the multidistrict online school, or who otherwise has not been attending the multidistrict online school, or if the child's residency, as defined in Section 22-20-107.5, C.R.S., has changed.

1 CCR 301-8-9.00

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

46 CR 23, December 10, 2023, effective 12/30/2023

47 CR 11, June 10, 2024, effective 6/30/2024