RULES FOR THE ADMINISTRATION OF THE EXCEPTIONAL CHILDREN'S EDUCATIONAL ACT
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1.00
STATEMENT OF BASIS AND PURPOSE
These rules implement the Exceptional Children's Educational Act (“ECEA”), §§ 22-20-101, et seq.,
C.R.S., under the rulemaking authority granted in § 22-20-104, C.R.S., § 22-20-123(3)(b), and related
statutes.
2.00
DEFINITIONS USED IN THESE RULES
2.01
Abbreviated School Day
Abbreviated School Day means any school day during which a child with disabilities receives instruction
or educational services for fewer hours than the majority of other students who are in the same grade and
school as the child with disabilities, whether the abbreviated school day was planned or unplanned. For
purposes of the definitions in Rule 2.01 and 2.01(1) of these rules and the required AU policy regarding
abbreviated school days, a child with disabilities means a child who has been determined eligible for
services under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation
Act of 1973, or for whom a request or referral for evaluation under either law has been made.
2.01(1) Abbreviated School Day Schedule
Abbreviated School Day Schedule means a schedule designed and approved by the IEP Team or
504 Team that plans for the child with disabilities to regularly receive instruction or educational
services for fewer hours than the majority of other students who are in the same grade and
school as the child with a disability.
2.02
Act
Act, when used in 34 CFR Parts 300 and 303, means the federal Individuals with Disabilities Education
Improvement Act of 2004, 20 U.S.C. §1400 et seq. (IDEA) as amended.
2.03
Administrative Unit
Administrative Unit (AU) means a school district, board of cooperative services, multi-district
administrative unit, a charter school network, a charter school collaborative, or the State Charter School
Institute, that is providing educational services to exceptional children and that is responsible for the local
administration of these Rules
400 et seq. (IDEA) as amended.
2.03
Administrative Unit
Administrative Unit (AU) means a school district, board of cooperative services, multi-district
administrative unit, a charter school network, a charter school collaborative, or the State Charter School
Institute, that is providing educational services to exceptional children and that is responsible for the local
administration of these Rules. In order to qualify as an administrative unit, an entity shall meet all
minimum standards established in Section 3.01 of these Rules. All administrative units shall be approved
by the Department of Education.
Code of Colorado Regulations
Secretary of State
State of Colorado
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2.03(1) Administrative unit of residence
Pursuant to sections 22-1-102 and 22-20-107.5, C.R.S., an administrative unit of residence
(AUR) shall mean the unit in which the child resides on a day-to-day basis with the following
exceptions to apply when a child has been determined to have a disability:
2.03(1)(a)
If a child with a disability is living at one of the regional centers, an approved
facility school, a group home or group center, a mental health institute operated by the
Department of Human Services, or if the child attends the Colorado School for the Deaf
and the Blind, such child shall be deemed to reside where the parent or guardian of such
child resides.
2.03(1)(b)
If a child has been placed by a Colorado public agency and lives in one of the
regional centers, a mental health institute, a facility, or a group home or group center, and
the AUR cannot be determined because parental rights have been relinquished by the
parents or terminated by a court, the parents are incarcerated, cannot be located, reside
out of state, are deceased, or the child is legally emancipated, the child shall be
considered a resident of the administrative unit in which the regional center, mental
health institute, facility or group home or group center is located, except as otherwise
ause parental rights have been relinquished by the
parents or terminated by a court, the parents are incarcerated, cannot be located, reside
out of state, are deceased, or the child is legally emancipated, the child shall be
considered a resident of the administrative unit in which the regional center, mental
health institute, facility or group home or group center is located, except as otherwise
provided in Rule 2.03(1)(i) below.
2.03(1)(c)
If the child resides in a foster care home, the child shall be deemed to be a
resident of the AU in which the foster care home is located, except as otherwise provided
in Rule 2.03(1)(i) below.
2.03(1)(d)
When a child attends a school in another district under the provisions of the
public schools of choice law, the child shall be considered a resident of the AU in which
the parent or guardian resides.
2.03(1)(e)
When a child attends a Charter School in another district, the child shall be
considered a resident of the AU in which the parent or guardian resides (unless Rule
2.03(1)(h) applies).
2.03(1)(f)
When a child attends a public school on-line program in another district, the child
shall be considered a resident of the AU in which the parent or guardian resides (unless
Rule 2.03(1)(h) applies).
2.03(1)(g)
If a child with a disability is homeless, as defined by Section 22-1-102.5, C.R.S.,
the provisions of Section 22-1-102(2), C.R.S., apply.
2.03(1)(h)
If a child with a disability enrolls in a district or institute charter school that
participates in an alternative administrative unit, the alternative administrative unit is
deemed the administrative unit of residence and of attendance so long as the child is
enrolled in the alternative administrative unit
ection 22-1-102.5, C.R.S.,
the provisions of Section 22-1-102(2), C.R.S., apply.
2.03(1)(h)
If a child with a disability enrolls in a district or institute charter school that
participates in an alternative administrative unit, the alternative administrative unit is
deemed the administrative unit of residence and of attendance so long as the child is
enrolled in the alternative administrative unit.
2.03(1)(i)
If a child with a disability is a student in out-of-home placement (as defined in
section 22-32-138, C.R.S.), is enrolled in a school of origin (as defined in section 22-32-
138, C.R.S.) other than an approved facility school or a state-licensed day treatment
facility, and was considered a resident of the school district at the time the child became
a student in out-of-home placement or at the time of enrollment in the school of origin
(whichever is most recent), then the school of origin’s administrative unit remains the
student’s administrative unit of residence regardless of the out-of-home placement’s
location.
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2.03(1)(j)
Disputes regarding residency
If there is a dispute as to which AU constitutes the AUR, the Commissioner of Education
shall have the authority to determine questions of residency and thus responsibility after
reviewing necessary details involved in the determination of residency.
2.03(2) Administrative unit of attendance
An administrative unit of attendance (AUA) shall mean the unit that delivers the special education
program for a child. It may be different from the AUR when:
2.03(2)(a)
The AUR does not have an adequate number of children with similar needs, and
chooses to send the child to another AU for his or her special education program
he determination of residency.
2.03(2) Administrative unit of attendance
An administrative unit of attendance (AUA) shall mean the unit that delivers the special education
program for a child. It may be different from the AUR when:
2.03(2)(a)
The AUR does not have an adequate number of children with similar needs, and
chooses to send the child to another AU for his or her special education program.
2.03(2)(b)
The child resides at one of the regional centers, mental health institutes,
residential child care facilities, hospitals, group care facilities or homes or in a facility
formerly operated by or under contract to the Department of Institutions and now
transferred to the Department of Human Services, or attends the Colorado School for the
Deaf and the Blind and the special education program is provided by an AU other than
the AUR.
2.03(2)(c)
The child attends a Charter School, School of Choice or a public school on-line
program and the Special Education program is provided by a special education AU other
than the AUR.
2.03(3) Alternative Administrative Unit
Alternative Administrative Unit means the state charter school institute acting in accordance with
section 22–30.5–105.3 as the administrative unit, pursuant to section 22–20–106(1)(b), for a
charter school authorized by a school district; a charter school network authorized and acting as
an administrative unit pursuant to section 22–20–106(1)(b); or a charter school collaborative
authorized and acting as an administrative unit pursuant to section 22–20–106(1)(b).
2.03(4) Multi-district Administrative Unit
Multi-district Administrative Unit means a group of two or more school districts that did not form a
Board of Cooperative Services but were (a) parties to an agreement existing on January 1, 2011,
to provide educational services to exceptional children and to be responsible for the local
administration of these Rules, and (b) recognized by the Department as of January 1, 2011, as an
administrative unit
-district Administrative Unit means a group of two or more school districts that did not form a
Board of Cooperative Services but were (a) parties to an agreement existing on January 1, 2011,
to provide educational services to exceptional children and to be responsible for the local
administration of these Rules, and (b) recognized by the Department as of January 1, 2011, as an
administrative unit.
2.04
Assistive Technology Device
Assistive Technology Device means any item, piece of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the
functional capabilities of a child with a disability. The term does not include a medical device that is
surgically implanted, or the replacement of such device.
2.05
Assistive Technology Service
2.05(1) Assistive Technology Service means any service that directly assists a child with a disability in
the selection, acquisition, or use of an assistive technology device. The term includes-
2.05(1)(a)
The evaluation of the needs of a child with a disability, including a functional
evaluation of the child in the child's customary environment;
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2.05(1)(b)
Purchasing, leasing, or otherwise providing for the acquisition of assistive
technology devices by children with disabilities;
2.05(1)(c)
Selecting, designing, fitting, customizing, adapting, applying, maintaining,
repairing, or replacing assistive technology devices;
2.05(1)(d)
Coordinating and using other therapies, interventions, or services with assistive
technology devices, such as those associated with existing education and rehabilitation
plans and programs;
2.05(1)(e)
Training or technical assistance for a child with a disability or, if appropriate, that
child's family; and
2.05(1)(f)
Training or technical assistance for professionals (including individuals providing
education or rehabilitation services), employers, or other individuals who provide service
evices, such as those associated with existing education and rehabilitation
plans and programs;
2.05(1)(e)
Training or technical assistance for a child with a disability or, if appropriate, that
child's family; and
2.05(1)(f)
Training or technical assistance for professionals (including individuals providing
education or rehabilitation services), employers, or other individuals who provide services
to, employ, or are otherwise substantially involved in the major life functions of that child.
2.06
Board of Cooperative Services
Board of Cooperative Services means a regional educational services unit created pursuant to Article 5 of
Title 22, C.R.S. and designed to provide supporting, instructional, administrative, facility, community, or
any other services contracted by participating members.
2.07
Charter Schools
2.07(1) District Charter School means a charter school authorized by a school district pursuant to Part 1
of Article 30.5 of Title 22, C.R.S.
2.07(2) Institute Charter School means a charter school authorized by the State Charter School Institute
pursuant to Part 5 of Article 30.5 of Title 22, C.R.S.
2.07(3) The term charter school includes both district charter schools and institute charter schools, but
not charter schools authorized under section 22-80-102(4)(b), C.R.S., unless context otherwise
requires.
2.07(4) Charter school collaborative means a charter school collaborative formed pursuant to section 22-
30.5-603, C.R.S.
2.07(5) Charter school network means a charter school network formed pursuant to section 22-30.5-
104.7, C.R.S.
2.08
Child Find
Child Find means the program component of child identification that is more fully described in Section
4.02 of these Rules.
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ter school collaborative formed pursuant to section 22-
30.5-603, C.R.S.
2.07(5) Charter school network means a charter school network formed pursuant to section 22-30.5-
104.7, C.R.S.
2.08
Child Find
Child Find means the program component of child identification that is more fully described in Section
4.02 of these Rules.
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2.09
Children with Disabilities
Children with Disabilities shall mean those persons from three to twenty-one years of age who, by reason
of one or more of the following conditions, are unable to receive reasonable benefit from general
education. A child shall not be determined to have a disability if the determinant factor for that
determination is: lack of appropriate instruction in reading or math or limited English proficiency; and if the
child does not otherwise meet the eligibility criteria under this Section 2.09. A child upon reaching his/her
third birthday becomes eligible for services as of that date. A child reaching the age of 21 after the
commencement of the academic year has the right to complete the semester in which the 21st birthday
occurs or attend until he/she graduates, whichever comes first. In such a case, the child is not entitled to
extended school year services during the summer following such current academic year. If it is
determined, through an appropriate evaluation, under Section 4.02(4) of these Rules, that a child has one
of the following disabilities but only needs a related service (as defined in Section 2.38 of these Rules)
and not special education (as defined in Sections 2.44 and 2.52 of these Rules), then the child is not a
child with a disability under these Rules. For purposes of Part C of IDEA Child Find activities, Children
with Disabilities also means persons from birth to twenty-one years of age consistent with Section 22-20-
103(5)(b), C.R.S
eeds a related service (as defined in Section 2.38 of these Rules)
and not special education (as defined in Sections 2.44 and 2.52 of these Rules), then the child is not a
child with a disability under these Rules. For purposes of Part C of IDEA Child Find activities, Children
with Disabilities also means persons from birth to twenty-one years of age consistent with Section 22-20-
103(5)(b), C.R.S.
2.09(1) A child with an Autism Spectrum Disorder (ASD) is a child with a developmental disability
significantly affecting verbal and non-verbal social communication and social interaction,
generally evidenced by the age of three. Other characteristics often associated with ASD are
engagement in repetitive activities and stereotyped movements, resistance to environmental
changes or changes in daily routines, and unusual responses to sensory experiences.
2.09(1)(a)
The Autism Spectrum Disorder prevents the child from receiving reasonable
educational benefit from general education as evidenced by at least one characteristic in
each of the following three areas (i.e., subsections (a)(i) through (a)(iii), below):
2.09(1)(a)(i)
The child displays significant difficulties or differences or both in
interacting with or understanding people and events. Examples of qualifying
characteristics include, but are not limited to: significant difficulty establishing and
maintaining social-emotional reciprocal relationships, including a lack of typical
back and forth social conversation; and/or significant deficits in understanding
and using nonverbal communication including eye contact, facial expression and
gestures;
2.09(1)(a)(ii)
The child displays significant difficulties or differences which extend
beyond speech and language to other aspects of social communication, both
receptively and expressively
lationships, including a lack of typical
back and forth social conversation; and/or significant deficits in understanding
and using nonverbal communication including eye contact, facial expression and
gestures;
2.09(1)(a)(ii)
The child displays significant difficulties or differences which extend
beyond speech and language to other aspects of social communication, both
receptively and expressively. Examples of qualifying characteristics include, but
are not limited to: an absence of verbal language or, if verbal language is
present, typical integrated use of eye contact and body language is lacking;
and/or significant difficulty sharing, engaging in imaginative play and developing
and maintaining friendships; and
2.09(1)(a)(iii)
The child seeks consistency in environmental events to the point of
exhibiting significant rigidity in routines and displays marked distress over
changes in the routine, and/or has a significantly persistent preoccupation with or
attachment to objects or topics.
2.09(1)(b)
The following characteristics may be present in a child with ASD, but shall not be
the sole basis for determining that a child is an eligible child with ASD if the child does not
also meet the eligibility criteria set out in subsection (a) of this rule, above.
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2.09(1)(b)(i)
The child exhibits delays or regressions in motor, sensory, social or
learning skills.
2.09(1)(b)(ii)
The child exhibits precocious or advanced skill development, while other
skills may develop at or below typical developmental rates.
2.09(1)(b)(iii)
The child exhibits atypicality in thinking processes and in generalization.
The child exhibits strengths in concrete thinking while difficulties are
demonstrated in abstract thinking, awareness and judgment. Perseverative
thinking and impaired ability to process symbolic information is present
kill development, while other
skills may develop at or below typical developmental rates.
2.09(1)(b)(iii)
The child exhibits atypicality in thinking processes and in generalization.
The child exhibits strengths in concrete thinking while difficulties are
demonstrated in abstract thinking, awareness and judgment. Perseverative
thinking and impaired ability to process symbolic information is present.
2.09(1)(b)(iv)
The child exhibits unusual, inconsistent, repetitive or unconventional
responses to sounds, sights, smells, tastes, touch or movement.
2.09(1)(b)(v)
The child’s capacity to use objects in an age appropriate or functional
manner is absent or delayed. The child has difficulty displaying a range of
interests or imaginative activities or both.
2.09(1)(b)(vi)
The child exhibits stereotypical motor movements, which include
repetitive use of objects and/or vocalizations, echolalia, rocking, pacing or
spinning self or objects.
2.09(2) A child with Hearing Impairment, Including Deafness shall have a deficiency in hearing sensitivity
as demonstrated by an elevated threshold of auditory sensitivity to pure tones or speech where,
even with the help of amplification, the child is prevented from receiving reasonable educational
benefit from general education.
2.09(2)(a)
A “deficiency in hearing sensitivity” shall be one of the following as measured by
behavioral or electrophysiological audiological assessments:
2.09(2)(a)(i)
Three frequency, pure tone average hearing loss in the speech range
(500 – 4000 Hertz Hz) of at least 20 decibels Hearing Level (dBHL) in the better
ear which is not reversible.
2.09(2)(a)(ii)
A high frequency, pure tone average hearing loss of at least 35 dBHL in
the better ear for two or more of the following frequencies: 2000, 3000, 4000 or
6000 Hz.
2.09(2)(a)(iii)
A three frequency, pure tone average unilateral hearing loss in the
speech range (500 – 4000Hz) of at least 35 dBHL which is not reversible
els Hearing Level (dBHL) in the better
ear which is not reversible.
2.09(2)(a)(ii)
A high frequency, pure tone average hearing loss of at least 35 dBHL in
the better ear for two or more of the following frequencies: 2000, 3000, 4000 or
6000 Hz.
2.09(2)(a)(iii)
A three frequency, pure tone average unilateral hearing loss in the
speech range (500 – 4000Hz) of at least 35 dBHL which is not reversible.
2.09(2)(a)(iv)
A transient hearing loss, meeting one of the criteria in (a)(i) – (a)(iii)
above, that is exhibited for three (3) months cumulatively during a calendar year
(i.e., any three months during the calendar year) and that typically is caused by
non-permanent medical conditions such as otitis media or other ear problems.
2.09(2)(b)
The Hearing Impairment, Including Deafness, as described above, prevents the
child from receiving reasonable educational benefit from general education as evidenced
by one or more of the following:
2.09(2)(b)(i)
Delay in auditory skills and/or functional auditory performance including
speech perception scores (in quiet or noise), which demonstrates the need for
specialized instruction in auditory skill development or assistive technology use;
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2.09(2)(b)(ii)
Receptive and/or expressive language (spoken or signed) delay
including a delay in syntax, pragmatics, semantics, or if there is a significant
discrepancy between the receptive and expressive language scores and/or
function which adversely impacts communication and learning;
2.09(2)(b)(iii)
An impairment of speech articulation, voice and/or fluency;
2.09(2)(b)(iv)
Lack of adequate academic achievement and/or sufficient progress to
meet age or state-approved grade-level standards in reading, writing, and/or
math;
2.09(2)(b)(v)
Inconsistent performance in social and learning environments compared
to typically developing peers; and/or
2.09(2)(b)(vi)
Inability to demonstrate self advocacy skills or utilize specialized
technology/resources to access instruct
iv)
Lack of adequate academic achievement and/or sufficient progress to
meet age or state-approved grade-level standards in reading, writing, and/or
math;
2.09(2)(b)(v)
Inconsistent performance in social and learning environments compared
to typically developing peers; and/or
2.09(2)(b)(vi)
Inability to demonstrate self advocacy skills or utilize specialized
technology/resources to access instruction.
2.09(3) A child with a Serious Emotional Disability shall have emotional or social functioning which
prevents the child from receiving reasonable educational benefit from general education.
2.09(3)(a)
Serious Emotional Disability means a condition exhibiting one or more of the
following characteristics over a long period of time and to a marked degree:
2.09(3)(a)(i)
An inability to learn which is not primarily the result of intellectual,
sensory or other health factors;
2.09(3)(a)(ii)
An inability to build or maintain interpersonal relationships which
significantly interferes with the child’s social development;
2.09(3)(a)(iii)
Inappropriate types of behavior or feelings under normal circumstances;
2.09(3)(a)(iv)
A general pervasive mood of unhappiness or depression; and/or
2.09(3)(a)(v)
A tendency to develop physical symptoms or fears associated with
personal or school problems.
2.09(3)(b)
As a result of the child’s Serious Emotional Disability, as described above, the
child exhibits one of the following characteristics:
2.09(3)(b)(i)
Impairment in academic functioning as demonstrated by an inability to
receive reasonable educational benefit from general education which is not
primarily the result of intellectual, sensory, or other health factors, but due to the
identified serious emotional disability.
2.09(3)(b)(ii)
Impairment in social/emotional functioning as demonstrated by an
inability to build or maintain interpersonal relationships which significantly
interferes with the child’s social development
reasonable educational benefit from general education which is not
primarily the result of intellectual, sensory, or other health factors, but due to the
identified serious emotional disability.
2.09(3)(b)(ii)
Impairment in social/emotional functioning as demonstrated by an
inability to build or maintain interpersonal relationships which significantly
interferes with the child’s social development. Social development involves those
adaptive behaviors and social skills which enable a child to meet environmental
demands and assume responsibility for his or her own welfare.
2.09(3)(c)
In order to qualify as a child with a Serious Emotional Disability, all four of the
following qualifiers shall be documented:
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2.09(3)(c)(i)
A variety of instructional and/or behavioral interventions were
implemented within general education and the child remains unable to receive
reasonable educational benefit from general education.
2.09(3)(c)(ii)
Indicators of social/emotional dysfunction exist to a marked degree; that
is, at a rate and intensity above the child's peers and outside of his or her cultural
norms and the range of normal development expectations.
2.09(3)(c)(iii)
Indicators of social/emotional dysfunction are pervasive, and are
observable in at least two different settings within the child's environment. For
children who are attending school, one of the environments shall be school.
2.09(3)(c)(iv)
Indicators of social/emotional dysfunction have existed over a period of
time and are not isolated incidents or transient, situational responses to stressors
in the child's environment.
2.09(3)(d)
The term “Serious Emotional Disability” does not apply to children who are
socially maladjusted, unless it is determined that they have an emotional disability under
paragraph (3)(a) of this section 2.09
Indicators of social/emotional dysfunction have existed over a period of
time and are not isolated incidents or transient, situational responses to stressors
in the child's environment.
2.09(3)(d)
The term “Serious Emotional Disability” does not apply to children who are
socially maladjusted, unless it is determined that they have an emotional disability under
paragraph (3)(a) of this section 2.09.
2.09(4) A child with an Intellectual Disability shall have reduced general intellectual functioning, existing
concurrently with deficits in adaptive behavior and manifested during the developmental period,
which prevents the child from receiving reasonable educational benefit from general education.
2.09(4)(a)
Criteria for Intellectual Disability preventing the child from receiving reasonable
educational benefit from regular education shall include:
2.09(4)(a)(i)
A full scale score of 2.0 or more standard deviations below the mean on
individually administered measures of cognition.
2.09(4)(a)(ii)
A comprehensive adaptive skills assessment based on a body of
evidence that reflects the child’s social, linguistic, and cultural background. The
level of independent adaptive behavior is significantly below the culturally
imposed expectations of personal and social responsibility. This body of
evidence shall include results from each of the following:
2.09(4)(a)(ii)(A) A full scale score of 2.0 or more standard deviations below the
mean on a standard or nationally normed assessment of adaptive
behavior;
2.09(4)(a)(ii)(B) Interview of parents; and
2.09(4)(a)(ii)(C) Observations of the child’s adaptive behavior that must occur in
more than one educational setting. A discrepancy must occur in two or
more domains related to adaptive behavior in more than one educational
setting
score of 2.0 or more standard deviations below the
mean on a standard or nationally normed assessment of adaptive
behavior;
2.09(4)(a)(ii)(B) Interview of parents; and
2.09(4)(a)(ii)(C) Observations of the child’s adaptive behavior that must occur in
more than one educational setting. A discrepancy must occur in two or
more domains related to adaptive behavior in more than one educational
setting.
2.09(4)(b)
A deficiency in academic achievement, either as indicated by scores 2.0 or more
standard deviations below the mean in formal measures of language, reading and math,
or a body of evidence on informal measures when it is determined that reliable and valid
assessment results are not possible due to the student’s functioning level.
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2.09(5) A child with Multiple Disabilities shall have two or more areas of significant impairment, one of
which shall be an intellectual disability. The other areas of impairment include: Orthopedic
Impairment; Visual Impairment, Including Blindness; Hearing Impairment, Including Deafness;
Speech or Language Impairment; Serious Emotional Disability; Autism Spectrum Disorders;
Traumatic Brain Injury; or Other Health Impaired. The combination of such impairments creates a
unique condition that is evidenced through a multiplicity of severe educational needs which
prevent the child from receiving reasonable educational benefit from general education.
2.09(5)(a)
In order to be eligible as a child with multiple disabilities, the child must
satisfy all eligibility criteria for each individual disability, as described in these
Rules. Documentation for each identified eligibility category must be included.
2.09(5)(b)
The Multiple Disabilities, as described in section 2.09(5) above, prevents
the child from receiving reasonable educational benefit from general education
such that the child exhibits two or more of the following:
2.09(5)(b)(i)
Inability to comprehend and utilize instructional information
s described in these
Rules. Documentation for each identified eligibility category must be included.
2.09(5)(b)
The Multiple Disabilities, as described in section 2.09(5) above, prevents
the child from receiving reasonable educational benefit from general education
such that the child exhibits two or more of the following:
2.09(5)(b)(i)
Inability to comprehend and utilize instructional information.
2.09(5)(b)(ii)
Inability to communicate efficiently and effectively.
2.09(5)(b)(iii)
Inability to demonstrate problem solving skills when such
information is presented in a traditional academic curriculum.
2.09(5)(b)(iv)
Inability to generalize skills consistently.
2.09(6) A child with an Orthopedic Impairment has a severe neurological/muscular/skeletal abnormality
that impedes mobility, which prevents the child from receiving reasonable educational benefit
from general education.
2.09(6)(a)
Orthopedic Impairment may be a result of a congenital anomaly (e.g. spina
bifida, osteogenesis imperfecta, clubfoot); effects of a disease (e.g. bone tumor, muscular
dystrophy, juvenile arthritis); or from other causes (e.g. cerebral palsy, amputations,
trauma, and/or fractures or burns that cause contractures).
2.09(6)(b)
The Orthopedic Impairment, as described above, prevents the child from
receiving reasonable educational benefit from general education because the disabling
condition interferes with functions of daily living, including but not limited to, ambulation,
attention, hand movements, coordination, communication, self-help skills and other
activities of daily living, to such a degree that the child requires specialized instruction
and related services, which may include special equipment
onable educational benefit from general education because the disabling
condition interferes with functions of daily living, including but not limited to, ambulation,
attention, hand movements, coordination, communication, self-help skills and other
activities of daily living, to such a degree that the child requires specialized instruction
and related services, which may include special equipment.
2.09(7) Other Health Impaired (OHI) means having limited strength, vitality, or alertness, including a
heightened alertness to environmental stimuli, that results in limited alertness with respect to the
educational environment due to a chronic or acute health problem, including but not limited to
asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a
heart condition, hemophilia, leukemia, kidney disease, sickle cell anemia or Tourette syndrome.
As a result of the child’s Other Health Impairment, as described above, the child is prevented
from receiving reasonable educational benefit from general education, as evidenced by one or
more of the following:
2.09(7)(a)
Limited strength as indicated by an inability to perform typical tasks at school;
2.09(7)(b)
Limited vitality as indicated by an inability to sustain effort or to endure
throughout an activity; and/or
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2.09(7)(c)
Limited alertness as indicated by an inability to manage and maintain attention,
to organize or attend, to prioritize environmental stimuli, including heightened alertness to
environmental stimuli that results in limited alertness with respect to the educational
environment.
2.09(8) A child with a Specific Learning Disability shall have a learning disorder that prevents the child
from receiving reasonable educational benefit from general education
anage and maintain attention,
to organize or attend, to prioritize environmental stimuli, including heightened alertness to
environmental stimuli that results in limited alertness with respect to the educational
environment.
2.09(8) A child with a Specific Learning Disability shall have a learning disorder that prevents the child
from receiving reasonable educational benefit from general education.
2.09(8)(a)
Specific Learning Disability means a disorder in one or more of the basic
psychological processes involved in understanding or in using language, spoken or
written, that may manifest itself in the imperfect ability to listen, think, speak, read, write,
spell or to do mathematical calculations, including conditions such as perceptual
disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
Specific Learning Disability does not include learning problems that are primarily the
result of: visual impairment, including blindness; hearing impairment, including deafness;
orthopedic impairment; intellectual disability; serious emotional disability; cultural factors;
environmental or economic disadvantage; or limited English proficiency.
2.09(8)(b)
A child may be determined to have a Specific Learning Disability that prevents
the child from receiving reasonable educational benefit from general education if a body
of evidence demonstrates the following criteria are met:
2.09(8)(b)(i)
The child does not achieve adequately for the child’s age or to meet
state-approved grade-level standards and exhibits significant academic skill
deficit(s) in one or more of the following areas when provided with learning
experiences and instruction appropriate for the child’s age or state-approved
grade-level standards:
2.09(8)(b)(i)(A) Oral expression;
2.09(8)(b)(i)(B) Listening comprehension;
2.09(8)(b)(i)(C) Written expression;
2.09(8)(b)(i)(D) Basic reading skill;
2.09(8)(b)(i)(E) Reading fluency skills;
2.09(8)(b)(i)(F) Reading comprehension;
2.09(8)(b)(i)(G) Mathematical calculation;
2.09(8)(b)(i)
h learning
experiences and instruction appropriate for the child’s age or state-approved
grade-level standards:
2.09(8)(b)(i)(A) Oral expression;
2.09(8)(b)(i)(B) Listening comprehension;
2.09(8)(b)(i)(C) Written expression;
2.09(8)(b)(i)(D) Basic reading skill;
2.09(8)(b)(i)(E) Reading fluency skills;
2.09(8)(b)(i)(F) Reading comprehension;
2.09(8)(b)(i)(G) Mathematical calculation;
2.09(8)(b)(i)(H) Mathematics problem solving; and
2.09(8)(b)(ii)
The child does not make sufficient progress to meet age or state-
approved grade-level standards in one or more of the areas identified in Section
2.09(8)(b)(i) when using a process based on the child’s response to scientific,
research-based intervention.
2.09(9) A child with a Speech or Language Impairment shall have a communicative disorder which
prevents the child from receiving reasonable educational benefit from general education.
2.09(9)(a)
Speech or Language Impairment may be classified under the headings of
articulation, fluency, voice, functional communication or delayed language development
and shall mean a dysfunction in one or more of the following:
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2.09(9)(a)(i)
Receptive and expressive language (oral and written) difficulties,
including syntax (word order, word form, developmental level), semantics
(vocabulary, concepts and word finding), and pragmatics (purposes and uses of
language);
2.09(9)(a)(ii)
Auditory processing, including sensation (acuity), perception
(discrimination, sequencing, analysis and synthesis), association and auditory
attention;
2.09(9)(a)(iii)
Deficiency of structure and function of oral peripheral mechanism;
2.09(9)(a)(iv)
Articulation including substitutions, omissions, distortions or additions of
sound;
2.09(9)(a)(v)
Voice, including deviation of respiration, phonation (pitch, intensity,
quality), and/or resonance;
2.09(9)(a)(vi)
Fluency, including hesitant speech, stuttering, cluttering and related
disorders; and/or
2.09(9)(a)(vii)
Problems in auditory
ure and function of oral peripheral mechanism;
2.09(9)(a)(iv)
Articulation including substitutions, omissions, distortions or additions of
sound;
2.09(9)(a)(v)
Voice, including deviation of respiration, phonation (pitch, intensity,
quality), and/or resonance;
2.09(9)(a)(vi)
Fluency, including hesitant speech, stuttering, cluttering and related
disorders; and/or
2.09(9)(a)(vii)
Problems in auditory perception such as discrimination and memory.
2.09(9)(b)
The Speech or Language Impairment, as set out above, prevents the child from
receiving reasonable educational benefit from general education and shall include one or
more of the following:
2.09(9)(b)(i)
Interference with oral and/or written communication in academic and
social interactions in his/her primary language;
2.09(9)(b)(ii)
Demonstration of undesirable or inappropriate behavior as a result of
limited communication skills; and/or
2.09(9)(b)(iii)
The inability to communicate without the use of assistive,
augmentative/alternative communication devices or systems.
2.09(10)
A child with a Traumatic Brain Injury (TBI) is a child with an acquired injury to the brain
caused by an external physical force resulting in total or partial functional disability or
psychosocial impairment, or both, which impairment adversely affects the child’s ability to receive
reasonable educational benefit from general education. A qualifying Traumatic Brain Injury is an
open or closed head injury resulting in impairments in one or more areas, such as cognition;
language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory,
perceptual, and motor abilities; psychosocial behavior; physical functions; information processing;
and speech. The term “traumatic brain injury” under this rule does not apply to brain injuries that
are congenital or degenerative, or to brain injuries induced by birth trauma
re areas, such as cognition;
language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory,
perceptual, and motor abilities; psychosocial behavior; physical functions; information processing;
and speech. The term “traumatic brain injury” under this rule does not apply to brain injuries that
are congenital or degenerative, or to brain injuries induced by birth trauma.
2.09(10)(a)
To be eligible as a child with a Traumatic Brain Injury, there must be evidence of
the following criteria:
2.09(10)(a)(i)
Either medical documentation of a traumatic brain injury, or a significant
history of one or more traumatic brain injuries reported by a reliable and credible
source and/or corroborated by numerous reporters; and
2.09(10)(a)(ii)
The child displays educational impact most probably and plausibly
related to the traumatic brain injury.
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2.09(10)(b)
Additionally, to be eligible as a child with a Traumatic Brain Injury, the traumatic
brain injury prevents the child from receiving reasonable educational benefit from general
education as evidenced by one or more of the following:
2.09(10)(b)(i)
A limited ability to sustain attention and/or poor memory skills, including
but not limited to difficulty retaining short-term memory, long-term memory,
working memory and incidental memory;
2.09(10)(b)(ii)
An inefficiency in processing, including but not limited to a processing
speed deficit and/or mental fatigue;
2.09(10)(b)(iii) Deficits in sensory-motor skills that affect either one, or both, visual or
auditory processing, and may include gross motor and/or fine motor deficits;
2.09(10)(b)(iv) Delays in acquisition of information including new learning and visual-
spatial processing;
2.09(10)(b)(v)
Difficulty with language skills, including but not limited to receptive
language, expressive language and social pragmatics;
2.09(10)(b)(vi) Deficits in behavior regulation, including but not limited to impulsivity,
poor judgment
include gross motor and/or fine motor deficits;
2.09(10)(b)(iv) Delays in acquisition of information including new learning and visual-
spatial processing;
2.09(10)(b)(v)
Difficulty with language skills, including but not limited to receptive
language, expressive language and social pragmatics;
2.09(10)(b)(vi) Deficits in behavior regulation, including but not limited to impulsivity,
poor judgment, ineffective reasoning and mental inflexibility;
2.09(10)(b)(vii) Problems in cognitive executive functioning, including but not limited to
difficulty with planning, organization and/or initiation of thinking and working
skills;
2.09(10)(b)(viii) Delays in adaptive living skills, including but not limited to difficulty with
activities of daily living (ADL); and/or
2.09(10)(b)(ix) Delays in academic skills, including but not limited to reading, writing,
and math delays that cannot be explained by any other disability. They may also
demonstrate an extremely uneven pattern in cognitive and achievement testing,
work production and academic growth.
2.09(11)
A child with a Visual Impairment, Including Blindness has an impairment in vision that,
even with correction, adversely affects the child’s educational performance and that requires
specialized instruction. The term includes low vision, blindness and/or progressive vision loss.
2.09(11)(a)
A determination that a child is an eligible child with a Visual Impairment, Including
Blindness may include but not be limited to:
2.09(11)(a)(i)
Visual acuity of no better than 20/70 in the better eye after correction;
2.09(11)(a)(ii)
Visual field restriction to 20 degrees or less; and/or
2.09(11)(a)(iii) A physical condition of visual system which cannot be medically
corrected and, as such, affects visual functioning to the extent that specially
designed instruction is needed
ing
Blindness may include but not be limited to:
2.09(11)(a)(i)
Visual acuity of no better than 20/70 in the better eye after correction;
2.09(11)(a)(ii)
Visual field restriction to 20 degrees or less; and/or
2.09(11)(a)(iii) A physical condition of visual system which cannot be medically
corrected and, as such, affects visual functioning to the extent that specially
designed instruction is needed. These criteria are reserved for special situations
such as, but not restricted to cortical visual impairment and/or a progressive
visual loss where field and/or acuity deficits alone may not meet the
aforementioned criteria.
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2.09(12)
A child with Deaf-blindness has concomitant hearing and visual impairments, the
combination of which causes such severe communication and other developmental and
educational needs that they cannot be accommodated in special education programs solely for
children with deafness or children with blindness. A child may qualify as an eligible child with
Deaf-blindness by meeting one of the following criteria:
2.09(12)(a)
The child shall have a deficiency in hearing sensitivity as demonstrated by an
elevated threshold of auditory sensitivity to pure tones or speech, as specified in section
2.09(2)(a) and (b); and a deficiency in visual acuity and/or visual field and/or visual
functioning, as specified in section 2.09(11)(a) and (b), where, even with the help of
amplification and/or use of lenses or corrective devices, he/she is prevented from
receiving reasonable educational benefit from general education; or
2.09(12)(b)
The child has documented hearing and/or visual impairment that, if considered
individually per section 2.09(2)(a) and (b) and section 2.09(11)(a) and (b), may not meet
the requirements for Hearing Impairment, Including Deafness or Visual Impairment,
Including Blindness, but the combination of such losses adversely affect the student’s
educational performance; or
2.09(12)(c)
The child has a documented
child has documented hearing and/or visual impairment that, if considered
individually per section 2.09(2)(a) and (b) and section 2.09(11)(a) and (b), may not meet
the requirements for Hearing Impairment, Including Deafness or Visual Impairment,
Including Blindness, but the combination of such losses adversely affect the student’s
educational performance; or
2.09(12)(c)
The child has a documented medical diagnosis of a progressive medical
condition that will result in concomitant hearing and visual losses.
2.09(13)
A child with a Developmental Delay shall be three through eight years of age and who is
experiencing developmental delays in one or more of the following areas: physical development,
cognitive development, communication development, social or emotional development, or
adaptive development and as a result is unable to receive reasonable educational benefit from
general education and requires special education and related services.
2.09(13)(a)
For children ages three through eight efforts will be made to identify a child’s
primary disability under one of the other Part B eligibility criteria. A child shall be
determined to be eligible under the Developmental Delay category only in those
situations in which a clear determination cannot be made under any other category as
measured by developmentally appropriate diagnostic instruments and procedures. In
order for a child to be deemed a child with a Developmental Delay, multiple sources of
information must be used to determine if a child meets one or more of the following
criteria:
2.09(13)(a)(i)
A score in the seventh percentile or below on a valid standardized
diagnostic instrument, or the technical equivalent in standard scores (77 if the
mean is 100 and the standard deviation is 15) or standard deviations (1.5
standard deviations below the mean) in one or more of the following areas of
development: physical development, cognitive development, communication
development, social or emotional development, or adaptive development as one
of the multiple sourc
agnostic instrument, or the technical equivalent in standard scores (77 if the
mean is 100 and the standard deviation is 15) or standard deviations (1.5
standard deviations below the mean) in one or more of the following areas of
development: physical development, cognitive development, communication
development, social or emotional development, or adaptive development as one
of the multiple sources of evaluation information;
2.09(13)(a)(ii)
Empirical data showing a condition known to be associated with
significant delays in development; or
2.09(13)(a)(iii) A body of evidence indicating that patterns of learning are significantly
different from age expectations across settings and there is written
documentation by the evaluation team which includes the parent(s).
2.09(14)
An Infant / Toddler with a Disability shall be a child from birth through two years of age
meeting the definition and criteria described in 2 CCR 503-1, 16.920 D.
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2.10
Communication Mode or Language
Communication Mode or Language means one or more of the following systems or methods of
communication applicable to children who are deaf or hard of hearing:
2.10(1) American Sign Language;
2.10(2) English-based manual or sign systems; or
2.10(3) Oral, aural, or speech-based training.
2.11
Consent
Consent means that:
2.11(1) The parent has been fully informed of all information relevant to the activity for which consent is
sought, in his or her native language, or other mode of communication;
2.11(2) The parent understands and agrees in writing to the carrying out of the activity for which his or
her consent is sought, and the consent describes that activity and lists the records (if any) that will
be released and to whom; and
2.11(3)(a)
The parent understands that the granting of consent is voluntary on the part of
the parent and may be revoked at anytime
other mode of communication;
2.11(2) The parent understands and agrees in writing to the carrying out of the activity for which his or
her consent is sought, and the consent describes that activity and lists the records (if any) that will
be released and to whom; and
2.11(3)(a)
The parent understands that the granting of consent is voluntary on the part of
the parent and may be revoked at anytime.
2.11(3)(b)
If a parent revokes consent, that revocation is not retroactive (i.e., it does not
negate an action that has occurred after the consent was given and before the consent
was revoked).
2.11(3)(c)
If the parent revokes consent in writing for their child’s receipt of special
education services after the child is initially provided special education and related
services, the public agency is not required to amend the child’s education records to
remove any references to the child’s receipt of special education and related services
because of the revocation of consent.
2.12
Day; Business Day; School Day
2.12(1) Day means calendar day unless otherwise indicated as business day or school day.
2.12(2) Business Day means Monday through Friday, except for federal and state holidays (unless
holidays are specifically included in the designation of business day (e.g., 34 CFR
§300.148(d)(1)(ii)).
2.12(3) School Day has the same meaning for all children in school, including children with and without
disabilities and shall mean any day, including a partial day that children are in attendance at
school for instructional purposes.
2.13
Department
Department means the Department of Education, created and existing pursuant to Section 24-1-115,
C.R.S.
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e meaning for all children in school, including children with and without
disabilities and shall mean any day, including a partial day that children are in attendance at
school for instructional purposes.
2.13
Department
Department means the Department of Education, created and existing pursuant to Section 24-1-115,
C.R.S.
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2.14
Department of Early Childhood Programs
2.14(1) Department of Early Childhood (CDEC) means the department of early childhood created in 26.5-
1.104, C.R.S.
2.14(2) Local Coordinating Organization (LCO) means an entity as defined in 26.5-2-102(5), C.R.S.
2.14(3) Preschool Provider means an entity as defined in 26.5-4-203(14), C.R.S.
2.14(4) Universal Preschool Program or Preschool Program means the preschool program created in
26.5-4-201 et. seq., C.R.S. As defined in 26.5-4-203(4), C.R.S., Preschool Program includes all
participating Preschool Providers.
2.15
Educational Surrogate Parent
Educational Surrogate Parent shall mean a person who meets the qualifications established in Section
6.02(8)(e)(iii) of these Rules and is assigned to represent the child in all educational decision-making
processes pertaining to the identification, evaluation, educational placement of the child and the provision
of a free, appropriate public education to the child whenever the parent of a child with a disability is
unknown, cannot be located, is unavailable or the child is a ward of the State. The assignment of an
educational surrogate parent shall be in accordance with Section 6.02(8) of these Rules.
2.16
Equipment
Equipment means that equipment used especially for the instruction or evaluation of children with
disabilities.
2.17
ESEA
ESEA means the federal “Elementary and Secondary Education Act”, 20 U.S.C. § §6301-9276
t be located, is unavailable or the child is a ward of the State. The assignment of an
educational surrogate parent shall be in accordance with Section 6.02(8) of these Rules.
2.16
Equipment
Equipment means that equipment used especially for the instruction or evaluation of children with
disabilities.
2.17
ESEA
ESEA means the federal “Elementary and Secondary Education Act”, 20 U.S.C. § §6301-9276.
2.18
Evaluation
2.18(1) For purposes of Part B of IDEA, the term “Evaluation” means procedures used in accordance with
Section 4.02(2) of these Rules, to determine whether a child has a disability and the nature and
extent of the special education and related services that the child needs.
2.19
Excess Costs
When used in 34 CFR Part B, Excess Costs means those costs that are in excess of the average annual
per-student expenditure in an AU or state-operated program during the preceding school year for an
elementary school or secondary school student, as may be appropriate, and that must be computed after
deducting:
2.19(1) Amounts received:
2.19(1)(a)
Under Part B of the Act;
2.19(1)(b)
Under Part A of Title I of the ESEA; and
2.19(1)(c)
Under Parts A and B of Title III of the ESEA and;
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2.19(2) Any state or local funds expended for programs that would qualify for assistance under any of the
Parts described in paragraph (1) of this Section, but excluding any amounts for capital outlay or
debt service. (See Appendix A of 34 CFR Part 300 for an example of how excess costs must be
calculated.)
2.19(3) This definition for “Excess Costs” is different from the term “Tuition Costs” as defined in Section
9.00 of these Rules.
2.20
Facility
Facility means a day treatment center, residential child care facility, or other facility licensed by the
department of human services pursuant to section 26-6-104, C.R.S., or a hospital licensed by the
department of public health and environment pursuant to section 25-1.5-103, C.R.S
“Excess Costs” is different from the term “Tuition Costs” as defined in Section
9.00 of these Rules.
2.20
Facility
Facility means a day treatment center, residential child care facility, or other facility licensed by the
department of human services pursuant to section 26-6-104, C.R.S., or a hospital licensed by the
department of public health and environment pursuant to section 25-1.5-103, C.R.S.
2.20(1) Approved Facility School means an educational program that is operated by a facility or a
specialized day school authorized by CDE’s Office of Facility Schools to provide educational
services to students placed in the facility, including special education services to children with
disabilities, and that has been placed, pursuant to section 22-2-407, C.R.S., on the list of facility
schools that are approved to receive reimbursement for providing those educational services. An
educational program provided by an administrative unit at a facility is not an approved facility
school, but rather is an educational program of the administrative unit that does not require
approval by the Department.
2.21
Free Appropriate Public Education
Free Appropriate Public Education or FAPE means special education and related services that:
2.21(1) Are provided at public expense, under public supervision and direction, and without charge;
2.21(2) Meet the standards of the Department, including the requirements of these Rules;
2.21(3) Include an appropriate preschool, elementary school, or secondary school education in the State;
and
2.21(4) Are provided in conformity with an individualized education program (IEP) that meets the IEP
content, development, review and revision requirements of Section 4.03 of these Rules and 34
CFR § §300.320 through 300.324.
2.22
Homeless Children
Homeless Children has the meaning given the term Homeless Children and Youths in Section 725 (42
U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq.
and Section 22-1-102.5, C.R.S
am (IEP) that meets the IEP
content, development, review and revision requirements of Section 4.03 of these Rules and 34
CFR § §300.320 through 300.324.
2.22
Homeless Children
Homeless Children has the meaning given the term Homeless Children and Youths in Section 725 (42
U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq.
and Section 22-1-102.5, C.R.S.
2.23
IDEA
IDEA means the federal “Individuals with Disabilities Education Improvement Act of 2004”, 20 U.S.C.
§1400 et seq., as amended, and its implementing regulations, 34 CFR Part 300 and also 34 CFR Part
303, as those regulations pertain to child find.
2.24
Include
Include means that the items named are not all of the possible items that are covered, whether like or
unlike the ones named.
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2.25
Individualized Education Program
Individualized Education Program or IEP means a written statement for a child with a disability that is
developed, reviewed, and revised in accordance with Section 4.03 of these Rules and 34 CFR §
§300.320 through 300.324.
2.26
Individualized Education Program Team
Individualized Education Program Team or IEP Team means a group of individuals described in Section
4.03(5) of these Rules that is responsible for developing, reviewing, or revising an IEP for a child with a
disability.
2.27
Individual Family Service Plan
Individual Family Service Plan or IFSP means a written statement for a child from birth through two years
of age with a disability, which statement is developed, reviewed, and revised in accordance with Part C
Child Find of IDEA and with rules promulgated by the Department of Early Childhood..
2.28
Institution of Higher Education
Institution of Higher Education -
2.28(1) Has the meaning given the term in Section 101 of the Higher Education Act of 1965, as amended,
20 U.S.C. 1021 et seq
rough two years
of age with a disability, which statement is developed, reviewed, and revised in accordance with Part C
Child Find of IDEA and with rules promulgated by the Department of Early Childhood..
2.28
Institution of Higher Education
Institution of Higher Education -
2.28(1) Has the meaning given the term in Section 101 of the Higher Education Act of 1965, as amended,
20 U.S.C. 1021 et seq. (HEA); and
2.28(2) Also includes any community college receiving funds from the Secretary of the Interior under the
tribally controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801, et
seq.
2.29
Least Restrictive Environment
Consistent with 34 CFR §300.114(a)(2), Least Restrictive Environment means that:
2.29(1) To the maximum extent appropriate, children with disabilities, including children in public or
private institutions or other care facilities, are educated with children who are nondisabled; and
2.29(2) Special classes, separate schooling, or other removal of children with disabilities from the general
educational environment occurs only if the nature or severity of the disability is such that
education in general educational classes with the use of supplementary aids and services cannot
be achieved satisfactorily.
2.30
Limited English Proficient
Limited English Proficient has the meaning given the term in 20 U.S.C. § 1401(18).
2.31
Literacy Mode
Literacy Mode means one of the following four systems or methods of achieving literacy applicable to
children who are blind:
2.31(1) Auditory Mode means any method or system of achieving literacy that depends upon the auditory
senses, including the use of readers, taped materials, electronic speech, speech synthesis, or
any combination of the above.
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the following four systems or methods of achieving literacy applicable to
children who are blind:
2.31(1) Auditory Mode means any method or system of achieving literacy that depends upon the auditory
senses, including the use of readers, taped materials, electronic speech, speech synthesis, or
any combination of the above.
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2.31(2) Braille means the system of reading and writing by means of raised points, commonly known as
Standard English Braille.
2.31(3) Print Enlargement means any method or system of achieving literacy that includes optical aids to
enhance apprehension of printed material, electronic enlargement or printed material, books and
textual materials printed in large print, and any combination of the above.
2.31(4) Regular Print Mode means any method or system of achieving literacy that depends upon the
apprehension of regular-sized printed material.
2.32
Local Educational Agency
When used in 34 CFR Part B, the term Local Educational Agency means an administrative unit, as
defined in Section 2.03 of these Rules, or a state-operated program as defined in Section 2.50 of these
Rules.
2.33
Native Language
2.33(1) Native Language, when used with respect to an individual who is limited English proficient,
means the following:
2.33(1)(a)
The language normally used by that individual, or, in the case of a child, the
language normally used by the parents of the child, except as provided in paragraph
these Rules, or a state-operated program as defined in Section 2.50 of these
Rules.
2.33
Native Language
2.33(1) Native Language, when used with respect to an individual who is limited English proficient,
means the following:
2.33(1)(a)
The language normally used by that individual, or, in the case of a child, the
language normally used by the parents of the child, except as provided in paragraph
(1)(b) of this Section.
2.33(1)(b)
In all direct contact with a child (including evaluation of the child), the language
normally used by the child in the home or learning environment.
2.33(2) For an individual with deafness or blindness, or for an individual with no written language, the
mode of communication is that normally used by the individual (such as sign language, Braille, or
oral communication).
2.34
Parent
2.34(1) Parent means-
2.34(1)(a)
A biological or adoptive parent of a child;
2.34(1)(b)
A foster parent, unless State law, regulations, or contractual obligations with a
State or local entity prohibit a foster parent from acting as a parent;
2.34(1)(c)
A guardian generally authorized to act as the child's parent, or authorized to
make educational decisions for the child (but not the State if the child is a ward of the
State);
2.34(1)(d)
An individual acting in the place of a biological or adoptive parent (including a
grandparent, step-parent, or other relative) with whom the child lives, or an individual who
is legally responsible for the child's welfare; or
2.34(1)(e)
An educational surrogate parent who has been assigned in accordance with
Section 6.02(8) of these Rules.
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ing in the place of a biological or adoptive parent (including a
grandparent, step-parent, or other relative) with whom the child lives, or an individual who
is legally responsible for the child's welfare; or
2.34(1)(e)
An educational surrogate parent who has been assigned in accordance with
Section 6.02(8) of these Rules.
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2.34(2)(a)
Except as provided in Section (2)(b) of this Rule 2.33, the biological or adoptive
parent, when attempting to act as the parent under these Rules and when more than one
party is qualified under Section (1) of this Rule 2.34 to act as a parent, must be presumed
to be the parent for purposes of this Section unless the biological or adoptive parent does
not have legal authority to make educational decisions for the child.
2.34(2)(b)
If a judicial decree or order identifies a specific person or persons under Sections
(1)(a) through (d) of this Rule 2.34 to act as the “parent” of a child or to make educational
decisions on behalf of a child, then such person or persons shall be determined to be the
“parent” for purposes of this Section.
2.35
Personally Identifiable
Personally Identifiable means information that contains-
2.35(1) The name of the child, the child's parent, or other family member;
2.35(2) The address of the child;
2.35(3) A personal identifier, such as the child's social security number or student number; or
2.35(4) A list of personal characteristics or other information that would make it possible to identify the
child with reasonable certainty.
2.36
Public Agency
The term “Public Agency”:
2.36(1) When used in connection with out of district placements, shall have the meaning given it in
Section 9.01(5) of these Rules.
2.36(2) When used in 34 CFR Part 300, shall mean an administrative unit, as defined in Section 2.03 of
these Rules, and a state-operated program as defined in Section 2.50 of these Rules
the
child with reasonable certainty.
2.36
Public Agency
The term “Public Agency”:
2.36(1) When used in connection with out of district placements, shall have the meaning given it in
Section 9.01(5) of these Rules.
2.36(2) When used in 34 CFR Part 300, shall mean an administrative unit, as defined in Section 2.03 of
these Rules, and a state-operated program as defined in Section 2.50 of these Rules. In addition,
the term “public agency” also includes the Department in the following circumstances: when used
in 34 CFR 300.33 to define a public agency, in 34 CFR 300.151-153, Section 7.06 of these Rules,
and the Department’s procedures to define a party subject to state complaint procedures, and in
34 CFR 300.507 and Section 6.02(7.5) of these Rules to define a party subject to due process
complaint procedures.
2.37
Public Placement
The term “Public Placement” shall have the meaning given it in Section 9.01(6) of these Rules.
2.38
Related Services
2.38(1) General.
Related Services means transportation and such developmental, corrective, and other supportive
services as are required to assist a child with a disability to benefit from special education, and
includes audiology services; interpreting services; psychological services; physical and
occupational therapy; recreation, including therapeutic recreation; early identification and
evaluation of disabilities in children; counseling services, including rehabilitation counseling;
orientation and mobility services; and medical services for diagnostic or evaluation purposes.
Related services also include school health services and school nurse services; social work
services in schools; and parent counseling and training.
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abilities in children; counseling services, including rehabilitation counseling;
orientation and mobility services; and medical services for diagnostic or evaluation purposes.
Related services also include school health services and school nurse services; social work
services in schools; and parent counseling and training.
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2.38(2) Exception.
Services that apply to children with surgically implanted devices, including cochlear implants.
2.38(2)(a)
Related services do not include a medical device that is surgically implanted, the
optimization of that device's functioning (e.g., mapping), maintenance of that device, or
the replacement of that device.
2.38(2)(b)
Nothing in Section 2.38(2)(a)-
2.38(2)(b)(i)
Limits the right of a child with a surgically implanted device (e.g.,
cochlear implant) to receive related services (as listed in paragraph (a) of this
Section) that are determined by the IEP Team to be necessary for the child to
receive FAPE.
2.38(2)(b)(ii)
Limits the responsibility of a public agency to appropriately monitor and
maintain medical devices that are needed to maintain the health and safety of the
child, including breathing, nutrition, or operation of other bodily functions, while
the child is transported to and from school or is at school; or
2.38(2)(b)(iii)
Prevents the routine checking of an external component of a surgically
implanted device to make sure it is functioning properly, as required in 34 CFR
§300.113(b).
2.38(3) Individual related services terms defined
lth and safety of the
child, including breathing, nutrition, or operation of other bodily functions, while
the child is transported to and from school or is at school; or
2.38(2)(b)(iii)
Prevents the routine checking of an external component of a surgically
implanted device to make sure it is functioning properly, as required in 34 CFR
§300.113(b).
2.38(3) Individual related services terms defined.
The terms used in this definition are defined as follows:
2.38(3)(a)
Audiology includes-
2.38(3)(a)(i)
Identification of children with hearing loss;
2.38(3)(a)(ii)
Determination of the range, nature, and degree of hearing loss, including
referral for medical or other professional attention for the habilitation of hearing;
2.38(3)(a)(iii)
Provision of habilitative activities, such as language habilitation, auditory
training, speech reading (lip-reading), hearing evaluation, and speech
conservation;
2.38(3)(a)(iv)
Creation and administration of programs for prevention of hearing loss;
2.38(3)(a)(v)
Counseling and guidance of children, parents, and teachers regarding
hearing loss; and
2.38(3)(a)(vi)
Determination of children's needs for group and individual amplification,
selecting and fitting an appropriate aid, and evaluating the effectiveness of
amplification.
2.38(3)(b)
Counseling services means services provided by qualified social workers,
psychologists, guidance counselors, or other qualified personnel.
2.38(3)(c)
Early identification and assessment of disabilities in children means the
implementation of a formal plan for identifying a disability as early as possible in a child's
life.
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Counseling services means services provided by qualified social workers,
psychologists, guidance counselors, or other qualified personnel.
2.38(3)(c)
Early identification and assessment of disabilities in children means the
implementation of a formal plan for identifying a disability as early as possible in a child's
life.
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2.38(3)(d)
Interpreting services that includes-
2.38(3)(d)(i)
The following, when used with respect to children who are deaf or hard
of hearing: oral transliteration services, cued language transliteration services,
sign language transliteration and interpreting services, and transcription services,
such as communication access real-time translation (CART), c-print, and
typewell; and
2.38(3)(d)(ii)
Special interpreting services for children who are deaf-blind.
2.38(3)(e)
Medical services means services provided by a licensed physician to determine a
child's medically related disability that results in the child's need for special education and
related services.
2.38(3)(f)
Occupational therapy-
2.38(3)(f)(i)
Means services provided by a qualified occupational therapist; and
2.38(3)(f)(ii)
Includes-
2.38(3)(f)(ii)(A) Improving, developing, or restoring functions impaired or lost
through illness, injury, or deprivation;
2.38(3)(f)(ii)(B) Improving ability to perform tasks for independent functioning if
functions are impaired or lost; and
2.38(3)(f)(ii)(C) Preventing, through early intervention, initial or further
impairment or loss of function
cupational therapist; and
2.38(3)(f)(ii)
Includes-
2.38(3)(f)(ii)(A) Improving, developing, or restoring functions impaired or lost
through illness, injury, or deprivation;
2.38(3)(f)(ii)(B) Improving ability to perform tasks for independent functioning if
functions are impaired or lost; and
2.38(3)(f)(ii)(C) Preventing, through early intervention, initial or further
impairment or loss of function.
2.38(3)(g)
Orientation and mobility services-
2.38(3)(g)(i)
Means services provided to blind or visually impaired children by
qualified personnel to enable those students to attain systematic orientation to
and safe movement within their environments in school, home, and community;
and
2.38(3)(g)(ii)
Includes teaching children the following, as appropriate:
2.38(3)(g)(ii)(A) Spatial and environmental concepts and use of information
received by the senses (such as sound, temperature and vibrations) to
establish, maintain, or regain orientation and line of travel (e.g., using
sound at a traffic light to cross the street);
2.38(3)(g)(ii)(B) To use the long cane or a service animal to supplement visual
travel skills or as a tool for safely negotiating the environment for children
with no available travel vision;
2.38(3)(g)(ii)(C) To understand and use remaining vision and distance low vision
aids; and
2.38(3)(g)(ii)(D) Other concepts, techniques, and tools.
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B) To use the long cane or a service animal to supplement visual
travel skills or as a tool for safely negotiating the environment for children
with no available travel vision;
2.38(3)(g)(ii)(C) To understand and use remaining vision and distance low vision
aids; and
2.38(3)(g)(ii)(D) Other concepts, techniques, and tools.
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2.38(3)(h)
Parent counseling and training means assisting parents in understanding the
special needs of their child; providing parents with information about child development;
and helping parents to acquire the necessary skills that will allow them to support the
implementation of their child's IEP.
2.38(3)(i)
Physical therapy means services provided by a qualified physical therapist.
2.38(3)(j)
Psychological services includes-
2.38(3)(j)(i)
Administering psychological and educational tests, and other
assessment procedures;
2.38(3)(j)(ii)
Interpreting assessment results;
2.38(3)(j)(iii)
Obtaining, integrating, and interpreting information about child behavior
and conditions relating to learning;
2.38(3)(j)(iv)
Consulting with other staff members in planning school programs to meet
the special educational needs of children as indicated by psychological test
interviews, direct observation, and behavioral evaluations;
2.38(3)(j)(v)
Planning and managing a program of psychological services, including
psychological counseling for children and parents; and
2.38(3)(j)(vi)
Assisting in developing positive behavioral intervention strategies.
2.38(3)(k)
Recreation includes-
2.38(3)(k)(i)
Assessment of leisure function;
2.38(3)(k)(ii)
Therapeutic recreation services;
2.38(3)(k)(iii)
Recreation programs in schools and community agencies; and
2.38(3)(k)(iv)
Leisure education
logical services, including
psychological counseling for children and parents; and
2.38(3)(j)(vi)
Assisting in developing positive behavioral intervention strategies.
2.38(3)(k)
Recreation includes-
2.38(3)(k)(i)
Assessment of leisure function;
2.38(3)(k)(ii)
Therapeutic recreation services;
2.38(3)(k)(iii)
Recreation programs in schools and community agencies; and
2.38(3)(k)(iv)
Leisure education.
2.38(3)(l)
Rehabilitation counseling services means services provided by qualified
personnel in individual or group sessions that focus specifically on career development,
employment preparation, achieving independence, and integration in the workplace and
community of a student with a disability. The term also includes vocational rehabilitation
services provided to a student with a disability by vocational rehabilitation programs
funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.
2.38(3)(m)
School health services and school nurse services means health services that are
designed to enable a child with a disability to receive FAPE as described in the child's
IEP. School nurse services are services provided by a qualified school nurse. School
health services are services that may be provided by either a qualified school nurse or
other qualified person.
2.38(3)(n)
Social work services in schools includes-
2.38(3)(n)(i)
Preparing a social or developmental history on a child with a disability;
2.38(3)(n)(ii)
Group and individual counseling with the child and family;
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alth services are services that may be provided by either a qualified school nurse or
other qualified person.
2.38(3)(n)
Social work services in schools includes-
2.38(3)(n)(i)
Preparing a social or developmental history on a child with a disability;
2.38(3)(n)(ii)
Group and individual counseling with the child and family;
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2.38(3)(n)(iii)
Working in partnership with parents and others on those problems in a
child's living situation (home, school, and community) that affect the child's
adjustment in school;
2.38(3)(n)(iv)
Mobilizing school and community resources to enable the child to learn
as effectively as possible in his or her educational program; and
2.38(3)(n)(v)
Assisting in developing positive behavioral intervention strategies.
2.38(3)(o)
Transportation includes-
2.38(3)(o)(i)
Travel to and from school and between schools;
2.38(3)(o)(ii)
Travel in and around school buildings; and
2.38(3)(o)(iii)
Specialized equipment (such as special or adapted buses, lifts, and
ramps), if required to provide special transportation for a child with a disability.
2.39
Scientifically Based Research
Scientifically Based Research has the meaning given the term in 20 USC § 9501(18).
2.40
School
2.40(1) Elementary School
When used in 34 CFR Part B, Elementary School means a nonprofit institutional day or
residential school, including a public elementary charter school that provides elementary
education, as determined under State law.
2.40(2) Secondary School
When used in 34 CFR Part B, Secondary School means a nonprofit institutional day or residential
school, including a public secondary charter school that provides secondary education, as
determined under State law, except that it does not include any education beyond grade 12.
2.41
School District
School District means a school district organized and existing pursuant to law, but shall not include a
junior college district
B, Secondary School means a nonprofit institutional day or residential
school, including a public secondary charter school that provides secondary education, as
determined under State law, except that it does not include any education beyond grade 12.
2.41
School District
School District means a school district organized and existing pursuant to law, but shall not include a
junior college district.
2.42
Services Plan
Services Plan means a written statement that describes the special education and related services the
administrative unit will provide to a parentally-placed child with a disability enrolled in a private school who
has been designated to receive services, including the location of the services and any transportation
necessary, consistent with 34 CFR §300.132, and is developed and implemented in accordance with 34
CFR § §300.137 through 300.139.
2.43
Secretary
The term “Secretary”, when used in 34 CFR Parts 300 and 303, means the Secretary of the United States
Department of Education.
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2.44
Special Education
2.44(1) General.
2.44(1)(a)
Special Education means specially designed instruction, at no cost to the
parents, to meet the unique needs of a child with a disability, including -
2.44(1)(a)(i)
Instruction conducted in the classroom, in the home, in hospitals and
institutions, and in other settings; and
2.44(1)(a)(ii)
Instruction in physical education
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2.44
Special Education
2.44(1) General.
2.44(1)(a)
Special Education means specially designed instruction, at no cost to the
parents, to meet the unique needs of a child with a disability, including -
2.44(1)(a)(i)
Instruction conducted in the classroom, in the home, in hospitals and
institutions, and in other settings; and
2.44(1)(a)(ii)
Instruction in physical education.
2.44(1)(b)
Special education includes each of the following, if the services otherwise meet
the requirements of paragraph (1)(a) of this Section -
2.44(1)(b)(i)
Speech-language pathology services that includes -
2.44(1)(b)(i)(A) Identification of children with speech or language impairments;
2.44(1)(b)(i)(B) Diagnosis and appraisal of specific speech or language
impairments;
2.44(1)(b)(i)(C) Referral for medical or other professional attention necessary for
the habilitation of speech or language impairments;
2.44(1)(b)(i)(D) Provision of speech and language services for the habilitation or
prevention of communicative impairments; and
2.44(1)(b)(i)(E) Counseling and guidance of parents, children, and teachers
regarding speech and language impairments.
2.44(1)(b)(i)(F) Rule of construction: A child with a disability, as defined in
Section 2.09 of these Rules, shall be entitled to receive speech language
pathology services as specially designed instruction if the child’s IEP
Team determines that the child needs speech language pathology
services in order to receive a free appropriate public education.
2.44(1)(b)(ii)
Travel training; and
2.44(1)(b)(iii)
Vocational education.
2.44(2) Individual special education terms defined.
The terms in this definition are defined as follows:
2.44(2)(a)
At no cost means that all specially-designed instruction is provided without
charge, but does not preclude incidental fees that are normally charged to nondisabled
students or their parents as a part of the general education program
training; and
2.44(1)(b)(iii)
Vocational education.
2.44(2) Individual special education terms defined.
The terms in this definition are defined as follows:
2.44(2)(a)
At no cost means that all specially-designed instruction is provided without
charge, but does not preclude incidental fees that are normally charged to nondisabled
students or their parents as a part of the general education program.
2.44(2)(b)
Physical education means -
2.44(2)(b)(i)
The development of -
2.44(2)(b)(i)(A) Physical and motor fitness;
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2.44(2)(b)(i)(B) Fundamental motor skills and patterns; and
2.44(2)(b)(i)(C) Skills in aquatics, dance, and individual and group games and
sports (including intramural and lifetime sports); and
2.44(2)(b)(ii)
Includes special physical education, adapted physical education,
movement education, and motor development.
2.44(2)(c)
Specially designed instruction means adapting, as appropriate to the needs of an
eligible child under this part, the content, methodology, or delivery of instruction -
2.44(2)(c)(i)
To address the unique needs of the child that result from the child's
disability; and
2.44(2)(c)(ii)
To ensure access of the child to the general curriculum, so that the child
can meet the educational standards of the responsible administrative unit or
state-operated program as established in Section 8.00 of these Rules.
2.44(2)(d)
Travel training means providing instruction, as appropriate, to children with
significant cognitive disabilities, and any other children with disabilities who require this
instruction, to enable them to -
2.44(2)(d)(i)
Develop an awareness of the environment in which they live; and
2.44(2)(d)(ii)
Learn the skills necessary to move effectively and safely from place to
place within that environment (e.g., in school, in the home, at work, and in the
community)
to children with
significant cognitive disabilities, and any other children with disabilities who require this
instruction, to enable them to -
2.44(2)(d)(i)
Develop an awareness of the environment in which they live; and
2.44(2)(d)(ii)
Learn the skills necessary to move effectively and safely from place to
place within that environment (e.g., in school, in the home, at work, and in the
community).
2.44(2)(e)
Vocational education means organized educational programs that are directly
related to the preparation of individuals for paid or unpaid employment, or for additional
preparation for a career not requiring a baccalaureate or advanced degree.
2.45
Special Education Expenditures
Special Education Expenditures are those costs which are incurred by an administrative unit, state-
operated program or approved facility school for professional services associated with special education
referrals and evaluations of children who may be disabled and for the provision of special education and
related services as identified on individual students' Individualized Educational Programs (IEPs), and do
not include costs of the regular education program. Special Education expenditures shall be supplemental
to the general education program and shall be above what is provided by the administrative unit, state-
operated program, or approved facility school for general education students and staff and may include:
2.45(1) Special education teachers;
2.45(2) Home-hospital teachers for students with disabilities;
2.45(3) Speech-language pathologists and speech-language pathology assistants;
2.45(4) Specialty teachers (e.g., adapted physical education teachers, music teachers, art teachers,
family and consumer education teachers, and industrial/technical education teachers);
2.45(5) Special education instruction paraprofessionals;
2.45(6) Educational interpreters;
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ists and speech-language pathology assistants;
2.45(4) Specialty teachers (e.g., adapted physical education teachers, music teachers, art teachers,
family and consumer education teachers, and industrial/technical education teachers);
2.45(5) Special education instruction paraprofessionals;
2.45(6) Educational interpreters;
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2.45(7) School nurses;
2.45(8) Occupational therapists and occupational therapy assistants;
2.45(9) Physical therapists and physical therapy assistants;
2.45(10)
School psychologists;
2.45(11)
School social workers;
2.45(12)
Audiologists;
2.45(13)
Orientation and mobility specialists;
2.45(14)
Other special education professionals;
2.45(15)
Special education administrators and office support;
2.45(16)
Other noncertified or nonlicensed support;
2.45(17)
Employee benefits for special education staff;
2.45(18)
Supplies, materials, and equipment used for individual students’ special education
programs and services;
2.45(19)
Purchased service contracts for personal services;
2.45(20)
Tuition to other administrative units and approved tuition rates to approved facility
schools for special education;
2.45(21)
Staff travel related to special education;
2.45(22)
Professional development for special education staff, or all staff, if the content of the
professional development is specific to services for children with disabilities;
2.45(23)
Other purchased services related to special education;
2.45(24)
Dues, fees and other expenditures specific to the special education program; and
2.45(25)
Parent counseling and training, as defined by the IDEA and its implementing regulations.
2.46
Special Education Services
Special Education Services or Special Education Programs means the services or programs provided to
a child with a disability in conformity with the child’s IEP.
2.47
State Board
State Board means the State Board of Education, created and existing pursuant to Section 1 of Article IX
of the State Constitution
, as defined by the IDEA and its implementing regulations.
2.46
Special Education Services
Special Education Services or Special Education Programs means the services or programs provided to
a child with a disability in conformity with the child’s IEP.
2.47
State Board
State Board means the State Board of Education, created and existing pursuant to Section 1 of Article IX
of the State Constitution.
2.48
State Charter School Institute
State Charter School Institute means the State Charter School Institute created pursuant to Part 5 of
Article 30.5 of Title 22, C.R.S.
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2.49
State Educational Agency
The term “State Educational Agency”, when used in 34 CFR Parts 300 and 303, means the Colorado
Department of Education.
2.50
State-Operated Program
State-Operated Program means an approved school program supervised by the Department and
operated by:
2.50(1) The Colorado School for the Deaf and the Blind, including any schools authorized under Section
22-80-102(4)(b), C.R.S.;
2.50(2) The Department of Corrections; or
2.50(3) The Department of Human Services, including but not limited to the Division of Youth Corrections
and the Mental Health Institutes at Fort Logan and Pueblo.
2.51
Supplementary Aids and Services
Supplementary Aids and Services means aids, services, and other supports that are provided in general
education classes, other education-related settings, and in extracurricular and nonacademic settings, to
enable children with disabilities to be educated with nondisabled children to the maximum extent
appropriate in accordance with 34 CFR § §300.114 through 300.116
Supplementary Aids and Services
Supplementary Aids and Services means aids, services, and other supports that are provided in general
education classes, other education-related settings, and in extracurricular and nonacademic settings, to
enable children with disabilities to be educated with nondisabled children to the maximum extent
appropriate in accordance with 34 CFR § §300.114 through 300.116.
2.52
Transition Services
2.52(1) Transition Services means a coordinated set of activities for a child with a disability that –
2.52(1)(a)
Is designed to be within a results-oriented process, that is focused on improving
the academic and functional achievement of the child with a disability to facilitate the
child's movement from school to post-school activities, including postsecondary
education, vocational education, integrated employment (including supported
employment), continuing and adult education, adult services, independent living, or
community participation;
2.52(1)(b)
Is based on the individual child's needs, taking into account the child's strengths,
preferences, and interests; and includes -
2.52(1)(b)(i)
Instruction;
2.52(1)(b)(ii)
Related services;
2.52(1)(b)(iii)
Community experiences;
2.52(1)(b)(iv)
The development of employment and other post-school adult living
objectives; and
2.52(1)(b)(v)
If appropriate, acquisition of daily living skills and provision of a functional
vocational evaluation.
2.52(2) Transition services for children with disabilities may be special education, if provided as specially
designed instruction, or a related service, if required to assist a child with a disability to benefit
from special education.
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acquisition of daily living skills and provision of a functional
vocational evaluation.
2.52(2) Transition services for children with disabilities may be special education, if provided as specially
designed instruction, or a related service, if required to assist a child with a disability to benefit
from special education.
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2.53
Universal Design
The term “Universal Design”, when used in 34 CFR Parts 300 and 303, has the meaning given the term in
Section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. 3002.
2.54
Ward of the State
As used in 34 CFR Part B, the term Ward of the State means:
2.54(1) General. Subject to 2.54(2) of this Section, ward of the State means a child who, as determined
by the State where the child resides, is -
2.54(1)(a)
A foster child;
2.54(1)(b)
A ward of the State; or
2.54(1)(c)
In the custody of a public child welfare agency.
2.54(2) Exception. Ward of the State does not include a foster child who has a foster parent who meets
the definition of a parent in Section 2.34 of these Rules.
3.00
ADMINISTRATION
3.01
Standards For Administrative Units
3.01(1) A special education AU shall satisfy the following standards:
3.01(1)(a)
The AU must be of sufficient size and geographic makeup to fulfill the
requirements of the IDEA, the ECEA, and their implementing regulations. Whether an AU
is of sufficient size and geographic makeup shall be measured by the AU’s compliance or
ability to comply with the standards and responsibilities of AUs in these rules and:
3.01(1)(a)(i)
The AU’s performance as determined by monitoring activities conducted
by the Department including: desk audits; focused and comprehensive on-site
monitoring; dispute resolution findings; and verification activities to ensure timely
correction of noncompliance;
3.01(1)(a)(ii)
The AU’s performance as determined by its annual determination issued
by the Department consistent with 34 CFR § 300.604 and related indicators
under Colorado’s IDEA
itoring activities conducted
by the Department including: desk audits; focused and comprehensive on-site
monitoring; dispute resolution findings; and verification activities to ensure timely
correction of noncompliance;
3.01(1)(a)(ii)
The AU’s performance as determined by its annual determination issued
by the Department consistent with 34 CFR § 300.604 and related indicators
under Colorado’s IDEA Part B State Performance Plan;
3.01(1)(a)(iii)
A federal application, approved by the Department, for IDEA Part B and
Preschool grant funds;
3.01(1)(a)(iv)
Compliance with all federal and state reporting requirements, including
fiscal and data reporting requirements;
3.01(1)(a)(v)
Compliance with IDEA Part B and IDEA Preschool grant fiscal
requirements, including maintenance of effort, excess costs and “supplement not
supplant” requirements; and
3.01(1)(a)(vi)
Maintaining auditable documentation to track expenditures of state and
federal special education funds, to ensure that the funds are used solely for
allowable uses, as defined by federal and state law;
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3.01(1)(b)
Provide for sufficient instructional and related services staff to identify and
evaluate children who are suspected of having a disability, and plan for and provide
appropriate services for all children with disabilities as defined by ECEA Rule 2.09.
3.01(1)(c)
Employment of a properly licensed and endorsed professional who will function
at least half time as director of special education and who has the authority and
responsibility to assure that all the duties and responsibilities of the AU as specified in
these Rules are carried out.
3.01(1)(d)
Development and implementation of compliant special education comprehensive
plan as required by IDEA and approved by the Department.
3.01(1)(e)
Accurate completion and submission of all special education student, staff, cost
and revenue data on or before dates established by the Department of Education
he duties and responsibilities of the AU as specified in
these Rules are carried out.
3.01(1)(d)
Development and implementation of compliant special education comprehensive
plan as required by IDEA and approved by the Department.
3.01(1)(e)
Accurate completion and submission of all special education student, staff, cost
and revenue data on or before dates established by the Department of Education.
3.01(1)(f)
Governance by a board which may be a local board as follows:
3.01(1)(f)(i)
In the case of a single district AU, the local board of education;
3.01(1)(f)(ii)
In the case of an AU that is a board of cooperative services, the board of
cooperative services;
3.01(1)(f)(iii)
In the case of a multi-district AU, governance consistent with the AU’s
operating agreement;
3.01(1)(f)(iv)
In the case of the Charter School Institute, the Institute Board; and
3.01(1)(f)(v)
In the case of a charter school collaborative or charter school network,
governance consistent its governing charter or agreement.
3.01(2) Organization of Administrative Units
Every school district and Board of Cooperative Services that provides services to children with
disabilities must be an administrative unit or a part of an administrative unit. Every charter school
shall be part of an administrative unit, which may be an alternative administrative unit.
3.01(2)(a)
Districts that do not meet the qualifications of an administrative unit must enter
into an operating agreement to become part of an approved administrative unit that is a
board of cooperative services and must abide by all policies and procedures contained in
that unit’s comprehensive plan. Multi-district administrative units must have signed
operating agreements entered into by the administrative unit with its member districts
qualifications of an administrative unit must enter
into an operating agreement to become part of an approved administrative unit that is a
board of cooperative services and must abide by all policies and procedures contained in
that unit’s comprehensive plan. Multi-district administrative units must have signed
operating agreements entered into by the administrative unit with its member districts.
Such operating agreements must clearly set out the special education responsibilities of
the administrative unit and each member district and must be binding throughout the
period of the operating agreement, regardless of change in governance of the member
school districts, change in composition of the administrative unit, or personnel changes in
a member district or the administrative unit. The operating agreement must also address
the special education fiscal arrangement between the AU and its member districts.
3.01(2)(a)(i)
In addition to any other contractual remedies that may be set forth in the
operating agreement, the AU shall be authorized to retain all or any portion of the
IDEA and ECEA fund allocation attributable to a particular member district as
necessary to cover the costs of meeting special education responsibilities to
students within the member district.
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3.01(2)(b)
The administrative unit shall provide special education services to all children
with disabilities within its responsibility as defined in Section 8.00 of the Rules and until
such time when the Department approves new or reorganized administrative units that
serve all students in the current administrative unit.
3.01(2)(c)
Existing units that do not meet the qualifications and/or for the efficient
administration of or provision of services stipulated in these Rules shall be subject to
revocation of unit status and loss of all state and federal special education funds
l
such time when the Department approves new or reorganized administrative units that
serve all students in the current administrative unit.
3.01(2)(c)
Existing units that do not meet the qualifications and/or for the efficient
administration of or provision of services stipulated in these Rules shall be subject to
revocation of unit status and loss of all state and federal special education funds. Notice
of such revocation shall be in writing from the Department of Education and subject to the
appeal process.
3.01(3) Applications for new or reorganized Administrative Units
3.01(3)(a)
Administrative units or member school districts of administrative units desiring to
form new or reorganized administrative units must apply to the State Director of Special
Education and, if applicable, the AU of which the district is currently a member pursuant
to the timelines set forth below. This application must demonstrate that the applicant can
meet the standards of 3.01. In addition, the application must include the following:
3.01(3)(a)(i)
A letter of intent that:
3.01(3)(a)(i)(A) Specifies the objectives to be sought by the change;
3.01(3)(a)(i)(B) States the positions of the entities impacted by the application
(e.g. existing BOCES and member districts), based on a conferral that
occurred prior to filing the application;
3.01(3)(a)(i)(C) States whether any entity has requested a third-party review of
the application, based on a conferral that occurred prior to filing the
application and confirms that the parties agreed upon the third-party
States the positions of the entities impacted by the application
(e.g. existing BOCES and member districts), based on a conferral that
occurred prior to filing the application;
3.01(3)(a)(i)(C) States whether any entity has requested a third-party review of
the application, based on a conferral that occurred prior to filing the
application and confirms that the parties agreed upon the third-party.
3.01(3)(a)(ii)
If a BOCES is seeking to dissolve and all districts are seeking to join
another reorganized AU or become a new AU, applications must address clear
plans for maintaining services for all students in the existing BOCES because the
Department will not grant an application for a new or reorganized AU until all
students in the current AU are under new approved comprehensive plans;
3.01(3)(a)(iii)
For any applicant that has not met the federal and/or state requirements
for provision of special education services to students with disabilities, the
application must demonstrate that the proposed administrative unit will have the
capacity to meet those requirements;
3.01(3)(a)(iv)
Identify all due process hearings or state complaints that have involved
the applicant district (the district seeking to become a new AU or join a
reorganized AU) or any of its schools within the past four school years inclusive
of the year in which the application is made;
3.01(3)(a)(iv)(A) If the decisions or actions of the applicant district’s staff resulted
in any adverse findings against the existing AU because of a due
process hearing or state complaint, the applicant district must evidence
that all required corrective actions required by the administrative law
judge or state complaint officer have been completed in full.
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r actions of the applicant district’s staff resulted
in any adverse findings against the existing AU because of a due
process hearing or state complaint, the applicant district must evidence
that all required corrective actions required by the administrative law
judge or state complaint officer have been completed in full.
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3.01(3)(a)(v)
Identify any findings of noncompliance resulting from any general
supervision or monitoring activities conducted by the Department that involved
the applicant district or any of its schools within the past four school years
inclusive of the year in which the application is made; and
3.01(3)(a)(v)(A) The applicant district must evidence that all corrective actions
required by the Department have been completed in full.
3.01(3)(a)(vi)
An analysis that addresses the following:
3.01(3)(a)(vi)(A) If the applicant district(s) is/are approved to form a new or
reorganized AU, what are the projected revenues and expenditures for
the newly formed AU(s), and/or reorganized AU(s), and any existing
AUs?
3.01(3)(a)(vi)(B) If the applicant district(s) is/are approved to form a new or
reorganized AU(s), what are the programmatic impacts for special
education services for both the new or reorganized AU and any existing
administrative unit?
3.01(3)(a)(vi)(C) If the applicant district(s) is/are approved to form a new or
reorganized AU, what is the potential impact on recruiting and retaining
qualified special education teachers and special service providers for the
new or reorganized AU(s) and any existing administrative unit?
3.01(3)(a)(vi)(D) If the applicant district(s) is/are approved to form a new or
reorganized AU, what are the potential negative impacts of the
reorganization on services to all eligible special education students within
the existing AU’s jurisdiction and can they be mitigated?
3.01(3)(a)(vi)(E) Will the new or reorganized AU(s) improve the academic and
functional outcomes of special education stude
.01(3)(a)(vi)(D) If the applicant district(s) is/are approved to form a new or
reorganized AU, what are the potential negative impacts of the
reorganization on services to all eligible special education students within
the existing AU’s jurisdiction and can they be mitigated?
3.01(3)(a)(vi)(E) Will the new or reorganized AU(s) improve the academic and
functional outcomes of special education students through the efficient
and effective delivery of special education services to special education
students within its jurisdiction?
3.01(3)(a)(vii)
If one of the impacted parties requested (during the pre-filing conferral
process) that a report be completed by an agreed-upon third party, the third-party
report should be submitted with the application for a new or reorganized
administrative unit.
3.01(3)(b)
A charter school network or charter school collaborative seeking to become
approved and designated as an administrative unit shall submit an application to the
State Director of Special Education pursuant to this Rule 3.01(3), which application shall
also include evidence that each charter school expected to participate in the new
administrative unit:
3.01(3)(b)(i)
Demonstrates the capacity and commitment to serve children with
disabilities, as defined in section 22–20–103, C.R.S., through an analysis of the
charter school's existing record of serving children with disabilities or by
expressly submitting a plan to the new administrative unit articulating an existing
or intended commitment;
3.01(3)(b)(ii)
Creates a strategic plan for the enrollment of children with disabilities in
the charter school to increase educational options for families with children with
disabilities;
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ren with disabilities or by
expressly submitting a plan to the new administrative unit articulating an existing
or intended commitment;
3.01(3)(b)(ii)
Creates a strategic plan for the enrollment of children with disabilities in
the charter school to increase educational options for families with children with
disabilities;
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3.01(3)(b)(iii)
Has or develops and implements special education programming that
results in the continued enrollment of children with disabilities;
3.01(3)(b)(iv)
Has or develops and implements multi-tiered systems of support to
identify and refer children with disabilities to special education services; and
3.01(3)(b)(v)
Demonstrates how the new administrative unit will allow the charter
school to better and more efficiently serve children with disabilities.
3.01(4) Timelines for Review of Application for a New or Reorganized Administrative Unit
3.01(4)(a)
Before submitting an application for a new or reorganized AU, the prospective
applicant should meet and confer with other impacted entities (e.g. the existing AU and
other members of the existing AU) to discuss the intent to apply. In this conferral process,
the potential applicant will confirm whether any of the impacted entities seeks a third-
party review of the application. The parties are encouraged to begin conferral
conversations early enough to ensure completion of the third-party report by the deadline.
3.01(4)(b)
An application for a new or reorganized AU must be submitted by June 1 (or the
next business day, if June 1 falls on a weekend). The Department will not begin review of
the application until September 1 in order to provide the parties with time to do additional
conferrals and/or mediation over the summer. If the parties determine through mediation
or other conferrals that the application or the third-party report need revisions, the
applicant may submit a revised application and/or third party report to the Department by
September 1
tment will not begin review of
the application until September 1 in order to provide the parties with time to do additional
conferrals and/or mediation over the summer. If the parties determine through mediation
or other conferrals that the application or the third-party report need revisions, the
applicant may submit a revised application and/or third party report to the Department by
September 1. This timeline is designed to ensure that the parties have sufficient time to
review the budgetary and other impacts on the proposed change. The timeline is also
designed to ensure that the applicant and other impacted entities receive a decision with
sufficient time to plan for new budgets and new staffing in spring after receiving the
Department’s decision, with a launch of the new or reorganized AU in the subsequent
school year.
3.01(4)(c)
After September 1, the Department shall review the application to determine
whether it contains the documentation and information required by this Rule. The
Department shall have until September 15 (or the next business day, if September 15
falls on a weekend or holiday) to determine whether the application is complete. The
Department will provide the applicant and affected entities with written notification of
whether the application is complete or whether additional information is requested and, if
applicable, which specific information and/or documentation is being requested. The
Department may also request that multiple entities submit applications jointly when the
Department will not be able to grant one application unless it can grant all applications
related to the students of an existing AU.
3.01(4)(d)
The applicant shall have until September 29 (or the next business day if
September 29 falls on a weekend) to provide any additional information requested or to
resubmit applications jointly
equest that multiple entities submit applications jointly when the
Department will not be able to grant one application unless it can grant all applications
related to the students of an existing AU.
3.01(4)(d)
The applicant shall have until September 29 (or the next business day if
September 29 falls on a weekend) to provide any additional information requested or to
resubmit applications jointly.
3.01(4)(e)
If an applicant to form a new or reorganized administrative unit fails to timely
submit a complete application containing the documentation and information required by
this rule and the Department’s request, the application shall be deemed incomplete and
shall be denied.
3.01(4)(f)
When there is a request to submit a third-party report, the applicant will submit
the third-party report with the application. The applicant shall be responsible for the cost
of the third-party report.
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3.01(4)(f)(i)
The independent third party shall conduct an analysis of the questions
stated in rule 3.01(3)(a)(vi).
3.01(4)(f)(ii)
The independent third party shall possess sufficient expertise in the
following areas: accounting, special education budget development and
projection, special education fiscal requirements, and the delivery of special
education services.
3.01(4)(f)(iii)
The Department will provide technical assistance, upon request,
regarding the completion of third-party reports.
3.01(4)(g)
By June 15, either the applicant or the affected parties may request mediation. If
mediation occurs, it should be completed by August 20.
3.01(4)(g)(i)
The applicant and affected entities must agree on a mediator. The costs
and expenses of the mediation will be split among the participating parties.
3.01(4)(g)(ii)
Once selected by mutual agreement, the selected mediator will convene
a meeting with representatives who have decision-making authority for the
applicant(s) and the current administrative unit
ld be completed by August 20.
3.01(4)(g)(i)
The applicant and affected entities must agree on a mediator. The costs
and expenses of the mediation will be split among the participating parties.
3.01(4)(g)(ii)
Once selected by mutual agreement, the selected mediator will convene
a meeting with representatives who have decision-making authority for the
applicant(s) and the current administrative unit. Such meeting will be attended by
representatives of the respective entities and may be attended by the attorneys
of the parties.
3.01(4)(g)(iii)
The Department will provide the mediator with the full application, the
third-party report, if applicable, and any other relevant supporting documentation.
3.01(4)(g)(iv)
The purpose of the mediation is to discuss the reasons the applicant(s)
wish to form a new or reorganized AU and the facts that form the basis of the
application(s), so that the affected entity or entities have the opportunity to
resolve the disputes and concerns that are the basis for the application(s).
3.01(4)(h)
The Department shall have until November 30 (or the next business day, if
November 30 falls on a weekend or holiday) to approve or deny the application.
3.01(4)(i)
For the 2025 application year only, the following modifications are made: an
applicant must notify potentially impacted parties of an intent to file an application by
June 1; however, the application and third-party report will not be due until August 1,
2025. All other deadlines and procedures remain the same
ovember 30 falls on a weekend or holiday) to approve or deny the application.
3.01(4)(i)
For the 2025 application year only, the following modifications are made: an
applicant must notify potentially impacted parties of an intent to file an application by
June 1; however, the application and third-party report will not be due until August 1,
2025. All other deadlines and procedures remain the same.
3.01(5) Department of Education Approval of Application for a New or Reorganized Administrative Unit
3.01(5)(a)
The Department shall approve an application for a new or reorganized
administrative unit only if the application materials submitted by the applicant, any third-
party report, and any other evidence considered and documented by the Department
demonstrate:
3.01(5)(a)(i)
That the proposed administrative unit will be able to meet all its
obligations under state and federal special education law and the standards in
these rules; and
3.01(5)(a)(ii)
That the existing or remaining administrative unit will be able to meet all
its obligations under state and federal special education law and the standards in
these rules.
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3.01(5)(b)
The Department shall present its decision approving or denying an application in
writing to the applicant and affected entities, including its reasons for denying an
application, as applicable.
3.01(5)(c)
If an affected entity disagrees with the determination of the Department, the
affected entity may appeal the decision to the Commissioner of the Department of
Education
f Education
34
3.01(5)(b)
The Department shall present its decision approving or denying an application in
writing to the applicant and affected entities, including its reasons for denying an
application, as applicable.
3.01(5)(c)
If an affected entity disagrees with the determination of the Department, the
affected entity may appeal the decision to the Commissioner of the Department of
Education. In hearing an appeal, the Commissioner shall only overturn a decision by the
Department upon a finding that in approving or denying the application, the Department
or the applicant violated the application procedures or processes required by these rules,
or that the Department’s decision was not supported the evidence presented in the
application, the third-party report, and/or other relevant documentation named and
considered in the Department’s written decision. The party bringing the appeal bears all
burdens of proof, presentation, and persuasion to demonstrate that the decision of the
Department should be overturned.
3.01(5)(c)(i)
The affected entity shall submit its appeal to the Commissioner within 30
calendar days of the entity's receipt of the Department’s decision to approve or
deny the application.
3.01(5)(c)(ii)
The Commissioner shall consider the appeal and make a determination
concerning the appeal by January 31 (or the next business day). The
Commissioner shall provide written notice of the decision on appeal to the
affected entity.
3.01(5)(c)(iii)
The decision of the Commissioner shall be final and shall not be subject
to further review.
3.02
Standards for Approved Facility Schools, State Operated Programs, and Department of
Early Childhood Programs
3.02(1) Approved Facility Schools – see Rules for the Administration of the Facility Schools Act, 1 CCR
304-1.
3.02(2) State Operated Programs
3.02(2)(a)
Minimum Standards for State Operated Programs.
State Operated Programs shall satisfy the following standards
ject
to further review.
3.02
Standards for Approved Facility Schools, State Operated Programs, and Department of
Early Childhood Programs
3.02(1) Approved Facility Schools – see Rules for the Administration of the Facility Schools Act, 1 CCR
304-1.
3.02(2) State Operated Programs
3.02(2)(a)
Minimum Standards for State Operated Programs.
State Operated Programs shall satisfy the following standards.
3.02(2)(a)(i)
Employment of sufficient instructional and related services staff to
identify and assess children who are suspected of having a disability, and plan
for and provide appropriate services for all children who have been determined to
have a disability.
3.02(2)(a)(ii)
Each state-operated program shall employ or contract in writing, on at
least a part-time basis, for a Director of Special Education who meets the
qualification standards established by Section 3.04(1)(d) of these Rules.
3.02(2)(a)(iii)
Development and implementation of an approved special education
comprehensive plan.
3.02(2)(a)(iv)
Accurate completion and submission of all special education student,
staff, cost and revenue data on or before dates established by the Department of
Education.
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3.02(2)(a)(v)
Provision of special education and related services to all children with
disabilities placed in or committed to the State Operated Program.
3.02(3) Department of Early Childhood Programs
3.02(3)(a)
Minimum Standards for Department of Early Childhood Programs.
The Colorado Department of Education is the state educational agency responsible for
compliance with IDEA, Part B, and the ECEA, including compliance within Department of
Early Childhood programs. The local administrative unit is the local education agency
responsible for identification, placement, re-evaluation, of special education and related
services for students with disabilities
od Programs.
The Colorado Department of Education is the state educational agency responsible for
compliance with IDEA, Part B, and the ECEA, including compliance within Department of
Early Childhood programs. The local administrative unit is the local education agency
responsible for identification, placement, re-evaluation, of special education and related
services for students with disabilities. Accordingly, Department of Early Childhood
Programs shall satisfy the following minimum standards related to IDEA Part B and the
ECEA.
3.02(3)(a)(i)
Complete all training and certification requirements established by the
Department of Education for identifying children suspected of having a disability
and referring such children to the appropriate administrative unit for evaluation.
Preschool Providers that have provided services to children with disabilities in
prior Colorado public preschool programs are exempt from this requirement.
3.02(3)(a)(ii)
Preschool Providers shall complete all special education training and
licensing or authorization requirements for early childhood educators established
by the Department of Education prior to any placement by the administrative unit
of a child with disabilities in its program. Preschool Providers that have provided
services to children with disabilities in prior Colorado public preschool programs
are exempt from this requirement.
3.02(3)(a)(iii)
Preschool providers that may provide preschool services to children with
disabilities shall comply with all state and federal laws, regulations, requirements,
including requirements and corrective actions established by the relevant
administrative unit prior to placement by the administrative unit of a child with
disabilities in its program
rograms
are exempt from this requirement.
3.02(3)(a)(iii)
Preschool providers that may provide preschool services to children with
disabilities shall comply with all state and federal laws, regulations, requirements,
including requirements and corrective actions established by the relevant
administrative unit prior to placement by the administrative unit of a child with
disabilities in its program.
3.02(3)(a)(iv)
Preschool Providers shall employ sufficient staff that have completed the
training and licensing or authorization requirements for early childhood educators
established by the Department of Education prior to such staff providing services
to children with disabilities at the direction of the administrative unit.
3.02(3)(b)
Dispute Resolution Process for Special Education-Related Disputes Between
Administrative Units and Department of Early Childhood Programs
The following dispute resolution process applies to special education-related disputes
between administrative units and Department of Early Childhood Programs. This process
does not apply to disputes between an administrative unit and the state Department of
Early Childhood. Disputes between parents/guardians and education providers are
governed by Section 6 of these rules.
3.02(3)(b)(i)
The Department of Early Childhood (CDEC) program and the
administrative unit will arrange to discuss issues and work to resolve the dispute
at the local level.
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unit and the state Department of
Early Childhood. Disputes between parents/guardians and education providers are
governed by Section 6 of these rules.
3.02(3)(b)(i)
The Department of Early Childhood (CDEC) program and the
administrative unit will arrange to discuss issues and work to resolve the dispute
at the local level.
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3.02(3)(b)(ii)
If the parties are unable to resolve issues at the local level, the
administrative unit may implement this dispute resolution process by notifying the
Colorado Department of Education (CDE) or may seek other legal or equitable
remedies that may be available to the administrative unit.
3.02(3)(b)(iii)
The dispute resolution process is initiated by the administrative unit
providing written notice to the CDE and the other parties to the dispute,
describing the dispute with specificity and identifying the relief requested. The
other parties to the dispute shall have fifteen calendar days to provide a written
response. The parties to the dispute shall provide CDE with all documents and
information requested by CDE, including, without limitation, any agreements
between the parties, that are relevant in resolving the dispute.
3.02(3)(b)(iv)
CDE, in consultation with CDEC as CDE deems appropriate, may
implement, and apply remedies and sanctions, as reasonably necessary,
including requirements of local agreements, training and technical assistance
from state staff, or other appropriate remedies to effectively resolve the issues
presented to CDE. Any decision issued by CDE is binding and must be
implemented by the administrative unit and the CDEC program. Nothing in this
Section 3.02(b) shall be interpreted to confer authority on CDEC to issue orders,
relief, or remedies
ing requirements of local agreements, training and technical assistance
from state staff, or other appropriate remedies to effectively resolve the issues
presented to CDE. Any decision issued by CDE is binding and must be
implemented by the administrative unit and the CDEC program. Nothing in this
Section 3.02(b) shall be interpreted to confer authority on CDEC to issue orders,
relief, or remedies.
3.03
Resource Allocation
Sufficient personnel shall be available to provide for identification, referral, evaluation, determination of
disability and eligibility for special education services and development and review of IEPs, and to provide
appropriate special education instructional and related services to implement all IEPs for children with
disabilities.
3.03(1) Each administrative unit shall have a method or standards by which it determines the number and
types of special education personnel required to meet the needs of children with disabilities. Such
method or standard shall be a part of the local comprehensive plan.
3.03(2) Each administrative unit shall assure that licensed/certificated personnel qualified in a child's
identified area(s) of need will have diagnostic and ongoing instructional responsibilities and
contact with the child and the child's other service providers and parents.
3.04
Personnel Qualifications
All personnel providing special education services to children with disabilities shall be qualified.
3.04(1) Personnel qualifications
3.04(1)(a)
Teachers
3.04(1)(a)(i)
Special education
All special education teachers shall hold Colorado teacher's certificates or
licenses with appropriate endorsements in special education. Special education
teachers shall also meet the requirements under 34 C.F.R. § 300.156.
Each special education teacher will serve, at a minimum, a majority of special
education students with the same identified area of need as that teacher's special
education license or certification endorsement. The endorsement level must be
appropriate for the age being taught.
endorsements in special education. Special education
teachers shall also meet the requirements under 34 C.F.R. § 300.156.
Each special education teacher will serve, at a minimum, a majority of special
education students with the same identified area of need as that teacher's special
education license or certification endorsement. The endorsement level must be
appropriate for the age being taught.
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3.04(1)(a)(ii)
Home-hospital
Home-hospital teachers for children with disabilities shall hold Colorado teacher's
certificates or licenses.
\\\3.04(1)(a)(iii) Specialty
Specialty teachers in music, art, adapted physical education, home economics,
industrial arts and vocational education shall possess Colorado teacher's
certificates or licenses with endorsements in the area of instruction.
3.04(1)(b)
Related services personnel
All related services personnel providing services to children with disabilities shall
hold Colorado special services licenses or certificates with appropriate
endorsements. For those areas for which Colorado special services licenses or
certificates are not available, appropriate licenses from the state regulatory
agency or professional organization registration are required.
3.04(1)(c)
Special education coordinators
Special education coordinators shall have at least a Bachelor's degree and
certification and/or licensure in a relevant field. Documentation of their expertise
shall be submitted to the Department of Education.
3.04(1)(d)
Administrators
Special education directors and assistant directors must possess a certificate or
administrator's license with appropriate endorsement.
3.04(1)(e)
Paraprofessionals
Paraprofessionals may assist licensed personnel in the provision of services
related to instruction or supervision of children and may assist in the provision of
special education and related services. They must be appropriately and
adequately trained and supervised based on their role
must possess a certificate or
administrator's license with appropriate endorsement.
3.04(1)(e)
Paraprofessionals
Paraprofessionals may assist licensed personnel in the provision of services
related to instruction or supervision of children and may assist in the provision of
special education and related services. They must be appropriately and
adequately trained and supervised based on their role. Each AU or approved
facility school will determine the qualifications, competencies, and training
required for paraprofessionals to ensure student safety and their preparation to
assist in the lawful provision of special education and related services. The level
of supervision should generally increase for students with a higher level of
vulnerability due to their disability (e.g. line-of-sight supervision for non-verbal
students).
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3.04(1)(e)(i)
Required training should be based on the necessary skills for the role of
the paraprofessional and completed prior to starting service or within a
reasonable period of time based on the necessity of the skills being taught. Any
necessary refresher training should be completed annually. Role appropriate
training could include, for example, the confidentiality provisions of the Family
Educational Rights and Privacy Act (FERPA) and state privacy laws, mandatory
reporter of child abuse training pursuant to section 22-32-109(1)(z), C.R.S., the
characteristics of disabling conditions, proper techniques for behavior
modification and de-escalation, the legal requirements related to the provision of
special education, and any relevant local policies and procedures. Training can
and should be differentiated based on the paraprofessional’s role – e.g. whether
the individual is a 1:1 aide, or providing instructional support for a classroom, or
providing related services (e.g
ditions, proper techniques for behavior
modification and de-escalation, the legal requirements related to the provision of
special education, and any relevant local policies and procedures. Training can
and should be differentiated based on the paraprofessional’s role – e.g. whether
the individual is a 1:1 aide, or providing instructional support for a classroom, or
providing related services (e.g. feeding tube assistance), or supporting students
who are Deaf, Blind, or non-verbal, or is a transportation paraprofessional, or
substitute paraprofessional.
3.04(1)(e)(ii)
Pursuant to Colorado law, a paraprofessional is precluded from
employment if they were convicted of felony child abuse. When an employer
receives notice of a misdemeanor child abuse conviction and is conducting an
individualized determination regarding whether to offer or retain employment for
a special education paraprofessional, the employer should consider that students
with disabilities are a vulnerable population and that there is a strong connection
to the nature of the job sought that is likely to preclude employment.
3.04(1)(e)(iii)
Administrative units and approved facility schools shall assure and
document that they meet the requirements for supervision and training of non-
certificated personnel.
3.04(1)(f)
Educational Interpreters
As of July 1, 2000, any person employed as an Educational Interpreter by an AU
or approved facility school on a full-time or part-time basis shall meet the
following minimum standards, and documentation for meeting these standards
must be renewed every five years:
3.04(1)(f)(i)
Demonstration of a rating of 3.5 (average) or better in the four areas of
the Educational Interpreter Performance Assessment (EIPA).
3.04(1)(f)(ii)
Documented content knowledge in these areas: child development,
language development, curriculum, teaching and tutoring methods, deafness and
the educational process for deaf children
ting these standards
must be renewed every five years:
3.04(1)(f)(i)
Demonstration of a rating of 3.5 (average) or better in the four areas of
the Educational Interpreter Performance Assessment (EIPA).
3.04(1)(f)(ii)
Documented content knowledge in these areas: child development,
language development, curriculum, teaching and tutoring methods, deafness and
the educational process for deaf children.
The Colorado Department of Education will provide guidelines for the
implementation of these minimum standards.
3.04(2) [Expired 05/15/2014 per House Bill 14-1123]
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3.04(3) Temporary Educator Eligibility (TEE) Authorization / Special Education Temporary Authorization
(SETA)
Authorization for Temporary Educator Eligibility (TEE) for staff providing special education and
related services to students with disabilities shall be formally referred to as Special Education
Temporary Authorization (SETA) and conducted in accordance with Section 4.13 of the Rules for
the Colorado Educator Licensing Act of 1991 at 1 CCR 301-37, 2260.5-R-4.13.
3.05
Staff Development
Administrative units and approved facility schools shall provide for staff development to assure
opportunities for appropriate educational services to children with disabilities.
3.05(1) Opportunities for staff development shall be provided to foster the continuing development of the
awareness, skills and knowledge of each staff member.
3.05(1)(a)
Opportunities for staff development shall be furnished to all staff providing direct
or indirect services to children with disabilities.
3.05(1)(b)
Opportunities for staff development activities shall be designed to bring about
changes in knowledge, attitudes, actual performance skills and interpersonal relations of
staff members.
3.05(2) Staff development shall include an evaluation component to determine its effectiveness
elopment shall be furnished to all staff providing direct
or indirect services to children with disabilities.
3.05(1)(b)
Opportunities for staff development activities shall be designed to bring about
changes in knowledge, attitudes, actual performance skills and interpersonal relations of
staff members.
3.05(2) Staff development shall include an evaluation component to determine its effectiveness.
3.06
Program Evaluation
Each administrative unit or approved facility school shall maintain records of results of all qualitative and
quantitative evaluations of special education services rendered. Evaluations of special education services
shall occur annually and within a period of five years systematically cover aspects of services to children
with disabilities. Such evaluations shall review:
3.06(1) Extent to which quality special education policies and practices are in place and where
improvements can occur.
3.06(2) Degree to which children with disabilities are achieving their individual goals as well as school,
district, and state standards and student outcomes.
4.00
CHILD FIND, EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS
4.01
Parental Consent
Except for IDEA Part C Child Find, the parental consent requirements and procedures set forth in 34 CFR
§300.300 shall apply in their entirety to this Section 4.00.
4.02
Child Identification Process
4.02(1) General Requirements
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ERMINATIONS, INDIVIDUALIZED
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS
4.01
Parental Consent
Except for IDEA Part C Child Find, the parental consent requirements and procedures set forth in 34 CFR
§300.300 shall apply in their entirety to this Section 4.00.
4.02
Child Identification Process
4.02(1) General Requirements
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4.02(1)(a)
Administrative Units.
Each administrative unit shall develop and implement procedures for locating, identifying
and evaluating all children ages three to 21 who may have a disability and are eligible for
special education services under IDEA Part B (ages 3 to 21) even though such children
are advancing from grade to grade. Such procedures shall be available throughout the
year to all children including children who have not yet entered school, children who
discontinue their education, children who are attending private schools, children whose
parents choose home schooling, children who are wards of the State or children who are
highly mobile (such as migrant or homeless children) and may be suspected of having a
disability.
4.02(1)(a)(ii)
IDEA Part B Child Identification
Part B child identification shall include child find, special education referral, initial
evaluation, and determination of disability and eligibility for special education.
Child identification shall be the responsibility of the administrative unit in which
the child attends public or private school or, if (s)he is not enrolled in school, it
shall be the responsibility of the administrative unit in which the child resides. For
children ages 3 to 21 under IDEA Part B, child identification shall be consistent
with Sections 4.01 and 4.02 of these Rules.
4.02(1)(b)
State-Operated Programs – Part B Child Identification
of the administrative unit in which
the child attends public or private school or, if (s)he is not enrolled in school, it
shall be the responsibility of the administrative unit in which the child resides. For
children ages 3 to 21 under IDEA Part B, child identification shall be consistent
with Sections 4.01 and 4.02 of these Rules.
4.02(1)(b)
State-Operated Programs – Part B Child Identification.
For children for whom a state-operated program is responsible, as established in Section
8.00 of these Rules, each state-operated program shall adopt and implement procedures
for locating, identifying and evaluating all children who may have a disability and be
eligible for special education, even though they are advancing from grade to grade. Child
identification, when used in connection with state-operated programs, includes relevant
components of child find; special education referral; initial evaluation; and determination
of disability and eligibility.
4.02(1)(c)
Department of Early Childhood Programs – Part B Child Identification.
The Colorado Department of Education is the state educational agency responsible for
compliance with IDEA Part B and ECEA. Administrative Units are the local educational
agencies pursuant to IDEA Part B and ECEA and are responsible for initial evaluations.
However, Department of Early Childhood programs may receive information about
preschool children that triggers Child Find identification and referral obligations. Each
Department of Early Childhood program shall comply with the Child Find identification
and referral procedures established by the Department of Education. The administrative
unit shall remain responsible for all initial evaluation requirements.
4.02(2) IDEA Part B Child Find.
4.02(2)(a)
The IDEA Part B child find process shall:
4.02(2)(a)(i)
Be a process designed to inform the public and to identify children ages
3 to 21 who may be eligible to receive special education services
tion
and referral procedures established by the Department of Education. The administrative
unit shall remain responsible for all initial evaluation requirements.
4.02(2) IDEA Part B Child Find.
4.02(2)(a)
The IDEA Part B child find process shall:
4.02(2)(a)(i)
Be a process designed to inform the public and to identify children ages
3 to 21 who may be eligible to receive special education services. Notice shall be
published or announced in newspapers or other media with adequate circulation
to notify parents throughout the administrative unit.
4.02(2)(a)(ii)
Be designed to utilize available resources within the community.
4.02(2)(a)(iii)
Involve families and provide information to the families.
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4.02(2)(b)
Each administrative unit and state-operated program shall have one person
designated as the child find coordinator who shall be responsible for an ongoing child
identification process.
4.02(2)(c)
The child find process shall include specific strategies for children 3 through five
years of age, children in school, and children out of school who are discontinuers or
dropouts. It shall be available throughout the year and shall include the following
components:
4.02(2)(c)(i)
Planning and development in the areas of public awareness, community
referral systems, community and building based screening, diagnostic
evaluations, service coordination and staff development.
4.02(2)(c)(ii)
Coordination and implementation in the areas of interagency
collaboration, public awareness, referral, screening and resource coordination.
4.02(2)(c)(iii)
Screening procedures for identifying from the total population of children
ages 3 to 21 years those who may need more in-depth evaluation to determine
eligibility for special education and related services
and staff development.
4.02(2)(c)(ii)
Coordination and implementation in the areas of interagency
collaboration, public awareness, referral, screening and resource coordination.
4.02(2)(c)(iii)
Screening procedures for identifying from the total population of children
ages 3 to 21 years those who may need more in-depth evaluation to determine
eligibility for special education and related services.
Follow up to vision and hearing screening shall interface with the vision and
hearing screenings which occur for all children in public kindergarten, grades 1,
2, 3, 5, 7 and 9 yearly in accordance with Section 22-1-116, C.R.S. Appropriate
educational referrals shall be made if the child is suspected of having an
educationally significant vision or hearing loss and parents shall be informed of
any need for further medical evaluation.
4.02(2)(c)(iv)
A systematic procedure for considering those children ages 17 to 21 who
are out of school and who may have a disability.
4.02(2)(c)(v)
Referral procedures to ensure that parents of children are given
information about all public and private resources that can meet identified needs.
This may include a process for a building level referral. The purpose of the
building level process is to consider all pertinent information, the unique needs of
the child and to generate alternative strategies, such as Response to Intervention
(RtI), for meeting these needs in non-special education settings or to determine
the need for special education referral. These procedures may include dropout
prevention strategies and recruitment of special education discontinuers.
4.02(2)(c)(vi)
Evaluation of the effectiveness and efficiency of child identification
procedures.
4.02(3) Special Education Referral Process
A special education referral shall be clearly distinguished from a building level referral or a referral
for screening both of which are regular education processes
may include dropout
prevention strategies and recruitment of special education discontinuers.
4.02(2)(c)(vi)
Evaluation of the effectiveness and efficiency of child identification
procedures.
4.02(3) Special Education Referral Process
A special education referral shall be clearly distinguished from a building level referral or a referral
for screening both of which are regular education processes. The administrative unit or state-
operated program shall establish and follow procedures for referring a child for an initial
evaluation to determine whether the child has a disability and needs special education and
related services.
4.02(3)(a)
A special education referral may be initiated by:
4.02(3)(a)(i)
An administrative unit or state-operated program because of a building
level screening and/or referral process; or
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4.02(3)(a)(ii)
The parent of the child; or
4.02(3)(a)(iii)
A Department of Early Childhood program.
Any other interested person who believes that a child needs an initial evaluation
must work with the parent or the appropriate administrative unit, state-operated
program, or Department of Early Childhood program.
4.02(3)(b)
Parental Notification of Referral
4.02(3)(b)(i)
Referrals from an administrative unit or state operated program: A parent
of any child referred shall be informed of the referral and be provided with prior
written notice consistent with Section 6.02(3) and 34 CFR §300.503 and a copy
of the Procedural Safeguards Notice consistent with Section 6.02(4) and 34 CFR
§300.504.
4.02(3)(b)(ii)
Referrals from a Department of Early Childhood Program: The program
shall comply with all Child Find procedures established by the Department of
Education for parental notification of referral. The administrative unit shall remain
responsible for all initial evaluation requirements
03 and a copy
of the Procedural Safeguards Notice consistent with Section 6.02(4) and 34 CFR
§300.504.
4.02(3)(b)(ii)
Referrals from a Department of Early Childhood Program: The program
shall comply with all Child Find procedures established by the Department of
Education for parental notification of referral. The administrative unit shall remain
responsible for all initial evaluation requirements.
4.02(3)(c)
Once a written special education referral has been initiated, the initial evaluation,
shall be completed within 60 calendar days from the point of initiation of the special
education referral. The special education referral process is initiated when one of the
following occurs:
4.02(3)(c)(i)
The parent is informed of the special education referral as a result of the
building level process or screening and the parent provides written consent to
conduct the initial evaluation; or
4.02(3)(c)(ii)
The request for an initial evaluation is received from the parent and the
parent provides written consent to conduct the initial evaluation.
4.02(3)(c)(iii)
Exception. The time frame described in Section 4.02(3)(c) within which to
conduct an initial evaluation shall not apply to the administrative unit or state-
operated program if:
4.02(3)(c)(iii)(A) The parent of a child repeatedly fails or refuses to produce the
child for evaluation; or
4.02(3)(c)(iii)(B) A child enrolls in a school of another AU or state-operated
program after the relevant timeframe in Section 4.02(3)(c) of these Rules
has begun, and prior to a determination by the child’s previous AU or
state-operated program as to whether the child is child with a disability
under Section 2.09 of these Rules.
4.02(3)(c)(iv)
The exception in Section 4.02(3)(c)(iii) applies only if the subsequent AU
or state-operated program is making sufficient progress to ensure a prompt
completion of the evaluation, and the parent and subsequent AU or state-
operated program agree to a specific time when the evaluation will be completed
to whether the child is child with a disability
under Section 2.09 of these Rules.
4.02(3)(c)(iv)
The exception in Section 4.02(3)(c)(iii) applies only if the subsequent AU
or state-operated program is making sufficient progress to ensure a prompt
completion of the evaluation, and the parent and subsequent AU or state-
operated program agree to a specific time when the evaluation will be completed.
4.02(3)(d)
A record shall be maintained of the disposition of each special education referral.
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4.02(4) Initial Evaluation Process.
An initial evaluation process for children ages three to twenty-one shall be provided for the
purposes of determining whether the child is a child with a disability under Section 2.09 of these
Rules and what the educational needs of the child are. The requirements and procedures for
initial evaluations shall be in accordance with 34 CFR §300.301, §300.304 and §300.305 and
shall ensure that the initial evaluation is sufficiently comprehensive to appropriately identify all of
the child’s special education and related services needs, whether or not commonly linked to the
disability category in which the child has been classified.
4.02(4)(a)
Parental Consent.
Prior to conducting an initial evaluation, the administrative unit or state-operated program
shall comply with the parental consent requirements set forth in 34 CFR §300.300.
4.02(4)(b)
Screening for instructional purposes is not an evaluation.
The screening of a student by a teacher or a specialist to determine appropriate
instructional strategies for curriculum implementation shall not be considered to be an
evaluation for eligibility for special education and related services.
4.02(4)(c)
Personnel shall be appropriately licensed and endorsed.
Administrative unit and state-operated program personnel evaluating children for the
purpose of determining eligibility for special education services shall be appropriately
licensed and endorsed
ies for curriculum implementation shall not be considered to be an
evaluation for eligibility for special education and related services.
4.02(4)(c)
Personnel shall be appropriately licensed and endorsed.
Administrative unit and state-operated program personnel evaluating children for the
purpose of determining eligibility for special education services shall be appropriately
licensed and endorsed. For those areas where CDE licensure and endorsement are not
available, appropriate professional licensure, registration or credentials is required.
4.02(5) Reevaluations.
The requirements and procedures for conducting and completing reevaluations shall be
consistent with 34 CFR §300.303 and Section 4.02(4) of these Rules. The additional procedures
for identifying specific learning disability shall also be utilized consistent with Section 4.02(7) of
these Rules.
4.02(6) Determination of Disability and Eligibility.
Requirements and procedures for determining disability and eligibility shall be consistent with 34
CFR §300.306. Once a special education referral has been made and the initial evaluation has
been completed, a meeting shall be held to determine if the child has a disability and if the child is
eligible for special education. If the child is determined to have a disability and is eligible, an IEP
shall be developed for the child in accordance with Section 4.03 of these Rules. These functions
may occur at the same meeting or at different meetings.
4.02(6)(a)
Timeline.
4.02(6)(a)(i)
A meeting to discuss the initial evaluation of the child and to determine if
the child has a disability and is eligible for special education shall be held within a
reasonable time after the initial evaluation is completed.
4.02(6)(a)(ii)
Following a reevaluation, a meeting shall be held within a reasonable
time to discuss the reevaluation of the child to determine if the child continues to
be eligible for special education and/or to identify all of the child’s special
education and related services needs.
eligible for special education shall be held within a
reasonable time after the initial evaluation is completed.
4.02(6)(a)(ii)
Following a reevaluation, a meeting shall be held within a reasonable
time to discuss the reevaluation of the child to determine if the child continues to
be eligible for special education and/or to identify all of the child’s special
education and related services needs.
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4.02(6)(b)
Participants.
Meetings to determine if the child has a disability and is eligible for special education,
whether held separately or in connection with a meeting to develop an IEP, must include:
4.02(6)(b)(i)
A multidisciplinary team knowledgeable about the child and about the
meaning of the evaluation data. The multidisciplinary team shall include:
4.02(6)(b)(i)(A) At least one teacher or other specialist with knowledge in the
area of the child’s suspected disability;
4.02(6)(b)(i)(B) As necessary, other qualified professionals, e.g., an occupational
therapist; a speech language pathologist; a physical therapist; and a
school psychologist; and
4.02(6)(b)(i)(C) The parent of the child.
4.02(6)(b)(ii)
At the discretion of the special education director for the administrative
unit of residence, the special education director or designee for the administrative
unit of residence.
4.02(6)(c)
Change of disability and/or eligibility.
A change of disability and/or eligibility may only be made after reevaluation conducted in
accordance with Section 4.02(5) of these Rules and at a meeting in which the results of
reevaluation are considered in accordance with Section 4.02(6)(a)(ii). In addition, a
change involving a specific learning disability shall be made consistent with the additional
procedures set forth in Section 4.02(7) of these Rules
disability and/or eligibility may only be made after reevaluation conducted in
accordance with Section 4.02(5) of these Rules and at a meeting in which the results of
reevaluation are considered in accordance with Section 4.02(6)(a)(ii). In addition, a
change involving a specific learning disability shall be made consistent with the additional
procedures set forth in Section 4.02(7) of these Rules.
4.02(6)(c)(i)
The evaluation described in Section 4.02(6)(c) is not required before the
termination of a child’s eligibility for special education due to graduation from
secondary school with a regular diploma, or due to reaching age 21.
4.02(6)(c)(ii)
For a child whose eligibility terminates under circumstances described in
Section 4.02(6)(c)(i), the administrative unit/state-operated program must provide
the child with a summary of the child’s academic achievement and functional
performance, which shall include recommendations on how to assist the child in
meeting the child’s postsecondary goals.
4.02(7) Additional procedures for identifying children with specific learning disabilities.
The definition and criteria for the Specific Learning Disability category are set forth in Section
2.09(6) of these Rules. The additional requirements and procedures for identifying children with
specific learning disabilities shall be consistent with 34 CFR §300.307(b), §300.308, §300.309(b)
- (c), §300.310 and §300.311.
4.02(7)(a)
Exception: The optional documentary statement contained in 34 CFR
§300.311(a)(5)(ii)(B) shall not apply.
4.02(8) Record of meeting.
If the determination of disability and eligibility occur at a separate meeting from the IEP meeting,
a record of the meeting shall be maintained which must include, when applicable, a statement of
the child's disability and the criteria utilized to determine eligibility as identified in Section 2.03 of
these Rules.
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eeting.
If the determination of disability and eligibility occur at a separate meeting from the IEP meeting,
a record of the meeting shall be maintained which must include, when applicable, a statement of
the child's disability and the criteria utilized to determine eligibility as identified in Section 2.03 of
these Rules.
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4.03
Individualized Education Programs
The term “Individualized Education Program” or “IEP” means a written statement for each child with a
disability that is developed, reviewed and/or revised in accordance with these Rules. Except as is
otherwise set forth in this Section 4.03, the requirements regarding IEPs shall be consistent with 34 CFR
§300.320 through §300.325.
4.03(1) The requirements governing when IEPs must be in effect shall be consistent with 34 CFR
§300.323. The topics addressed by 34 CFR §300.323 include:
4.03(1)(a)
The general requirement that an IEP for each child with a disability must be in
effect at the beginning of each school year;
4.03(1)(b)
Options for utilizing an IEP for children aged three through five;
4.03(1)(c)
The administrative unit of residence shall participate in meetings regarding the
transition planning process from infant/toddler to special education preschool services
consistent with the requirements of 34 CFR §300.124;
4.03(1)(d)
The initial provision of services, including timelines;
4.03(1)(d)(i)
Exception: The initial IEP for a child shall be developed within 90
calendar days of the date that parental consent was obtained to conduct the
initial evaluation.
4.03(1)(e)
Accessibility of the child’s IEP to teachers and others;
4.03(1)(f)
IEPs for children who transfer public agencies within the State;
4.03(1)(g)
IEPs for children who transfer from another State; and
4.03(1)(h)
Transmittal of records.
4.03(2) The requirements for the development, review, and revision of the IEP shall be consistent with 34
CFR §300.324
d to conduct the
initial evaluation.
4.03(1)(e)
Accessibility of the child’s IEP to teachers and others;
4.03(1)(f)
IEPs for children who transfer public agencies within the State;
4.03(1)(g)
IEPs for children who transfer from another State; and
4.03(1)(h)
Transmittal of records.
4.03(2) The requirements for the development, review, and revision of the IEP shall be consistent with 34
CFR §300.324. The topics covered by 34 CFR §300.324 include:
4.03(2)(a)
General factors that the IEP Team must consider;
4.03(2)(b)
Special factors that the IEP Team must consider;
4.03(2)(c)
Requirements with respect to the general education teacher;
4.03(2)(d)
IEP changes mutually agreed to by the parent and the administrative unit or
state-operated program after the annual IEP review meeting and without convening the
IEP Team;
4.03(2)(e)
Consolidation of IEP Team meetings;
4.03(2)(f)
Amendments to the IEP;
4.03(2)(g)
Review and revision of the IEP;
4.03(2)(h)
Failure to meet transition objectives;
4.03(2)(i)
Rule of construction;
CODE OF COLORADO REGULATIONS
1 CCR 301-8
Colorado State Board of Education
46
4.03(2)(j)
Children with disabilities in adult prisons;
4.03(3) Meetings to review and revise each child’s IEP and to determine the child’s placement shall be
initiated and conducted at least once every 365 days.
4.03(4) Responsibility for IEP Meetings.
The relative responsibilities of administrative units, state-operated programs and approved facility
schools for IEP development, review and revision are established in Rule 8.00.
4.03(5) Participants in meetings.
Except as is otherwise provided for in this Section 4.03(5), the IEP Team requireme
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