1 CCR 301-8-7.00 - COORDINATION BETWEEN SEA AND LEAs
7.01
Record Keeping
To meet the requirements of Sections 22-20-104(4), C.R.S., an administrative unit shall maintain a management and information system which provides for the collection, documentation, aggregation, and reporting of student, staff, revenue and expenditure data.
7.01(1) Student data.
7.01(1)(a) Administrative units should
maintain an individual student data base of the following information:
7.01(1)(a)(i) Student name.
7.01(1)(a)(ii) Date of birth.
7.01(1)(a)(iii) Primary disability.
7.01(1)(a)(iv) Student's gender and
ethnicity.
7.01(1)(a)(v) Primary
educational setting.
7.01(1)(a)(vi)
Date of the most recent meeting at which the child was determined to have a
disability.
7.01(1)(a)(vii) Date of
the most recent meeting at which the IEP was reviewed.
7.01(1)(a)(viii) Individual staff who are
providing special education programs and services identified in the student's
IEP.
7.01(1)(b)
Administrative units, community centered boards (or case management agencies),
and approved facility schools should maintain individual student records that
contain the following:
7.01(1)(b)(i)
Information about the disposition of each referral.
7.01(1)(b)(ii) Signed permission forms for
initial assessment and initial placement.
7.01(1)(b)(iii) Verification that parent(s)
were advised of and understood their due process rights.
7.01(1)(b)(iv) Any written assessment
reports.
7.01(1)(b)(v)
Documentation that appropriate written notice was given to parent(s).
7.01(1)(b)(vi) Documentation that required
participants were in attendance at meetings.
7.01(1)(b)(vii) Records of all meetings at
which the child was determined to have a disability.
7.01(1)(b)(viii) A copy of all
IEPs.
7.01(1)(b)(ix) Any additional
information which documents that the child is eligible for special education
services.
7.01(1)(c)
Individually identifiable information shall be held confidential and protected
in accordance with Section 6.01 of these Rules.
7.01(1)(d) Destruction of records shall be in
compliance with Section 6.01(14) of these Rules and
34 CFR §
300.624.
7.01(2) Staff data.
Administrative units should maintain the following data for all special education services staff:
7.01(2)(a) Name.
7.01(2)(b) Special education position
assignment.
7.01(2)(c) FTE and
salary attributable to special education, and source of funds supporting that
salary.
7.01(2)(d) Documentation of
time spent with students with disabilities for each staff member who is
employed part-time in special education and part-time in regular
education.
7.01(3)
Revenue and expenditure data.
7.01(3)(a)
Administrative units shall maintain auditable records of all special education
expenditures and of the state, federal, local and other revenues which are
received in support of those expenditures.
7.01(3)(b) Using the accrual basis of
accounting, administrative units shall operate a budgeting and accounting
procedure which records the objects of expenditure for each special education
instructional and support service area.
7.01(3)(c) Community centered boards (or case
management agencies) and approved facility schools shall maintain auditable
records of all information used to establish tuition costs reported on forms
developed by the Department of Education.
7.02
Reporting
Each administrative unit shall submit to the Department of Education annual student, staff, revenue and expenditure data according to the instructions and on forms or computer programs provided by the Department of Education. If accurate data are not submitted according to deadlines established by the Department, the disbursement of state and federal funds to that particular unit shall be delayed.
7.03
SPECIAL EDUCATION FUNDING
7.03(1) Federal funds.
7.03(1)(a) Administrative units shall obtain
prior approval from the Department of Education for the use of federal funds in
support of special education services.
7.03(1)(b) The approval criteria and
procedures for the use of federal funds shall be governed by relevant rules and
regulations promulgated pursuant to state and federal laws.
7.03(1)(c) Federally funded programs shall be
considered supplementary to the basic program required by the Exceptional
Children's Educational Act (ECEA).
7.03(2) ECEA funds.
Under the requirements of Section 22-20-104(4), C.R.S., an administrative unit shall use its state ECEA funds only on special education services and programs, as outlined in Section 2.45 of these Rules.
7.03(3) Payments of
ECEA funds.
ECEA funds shall be distributed in accordance with Sections 22-20-114 and 22-20-114.5, C.R.S.
7.04 (Reserved)
7.05
Monitoring
Each administrative unit, State Operated Program, approved facility school, and Department of Early Childhood program shall comply with all state statutes and regulations regarding the identification and/or education of children with disabilities.
7.05(1) Each administrative unit, State
Operated Program, approved facility school and Department of Early Childhood
program shall be subject to ongoing monitoring by the Department of Education
of its policies, procedures and practices relating to the identification and/or
education of children with disabilities.
7.05(1)(a) Monitoring procedures shall
include:
7.05(1)(a)(i) A determination of
compliance with statutes according to the administrative unit on-site checklist
developed by the Department of Education.
7.05(1)(a)(ii) An assessment of program
quality based on the standards established by the Department of
Education.
7.05(1)(b)
Monitoring activities shall be determined by the Department of Education and
shall include:
7.05(1)(b)(i) Review of the
comprehensive plan of the administrative unit, state-operated program or
approved facility school,
7.05(1)(b)(ii) A review of the data routinely
collected by the Department of Education,
7.05(1)(b)(iii) A planned comprehensive or
targeted on-site process to identify and verify compliance with and
implementation of policies and procedures as well as delivery of
services,
7.05(1)(b)(iv) Count
audits consisting of periodic checks of student eligibility criteria through
verification of documentation as found in students' files and on individual
education programs.
7.05(1)(b)(v)
Confirmation that the AU adopted the policy on Abbreviated School Day
Schedules.
7.05(1)(c)
Follow-up to assure non-compliance issues have been rectified shall be ongoing.
Follow-up of non-compliance issues identified from the count audits will occur
as part of the comprehensive on-site monitoring process.
7.05(2) Within 90 days from the completion of
any monitoring procedure or activity, the Department of Education shall provide
a written report based on the administrative unit on-site checklist, to the
administrative unit, state-operated program, approved facility school, or
Department of Early Childhood program, which shall include findings,
non-compliance items, directives for corrective action, and recommendations for
improvement.
7.05(2)(a) Should the Department
of Education determine that an administrative unit, state-operated program,
approved facility school, or Department of Early Childhood program is in
non-compliance with pertinent statutes and implementing regulations, the
Department of Education shall provide such administrative unit, state-operated
program, approved facility school, or Department of Early Childhood program
with the legal citation of the statute or regulation it is found to have
violated and the directive for corrective action or request for a corrective
action plan.
7.05(2)(b) Should the
Department of Education determine that an administrative unit, state-operated
program, approved facility school, or Department of Early Childhood program
does not reasonably satisfy quality standards or guidelines established by the
Department of Education, recommendations will be made.
7.05(3) Within 90 days following any report
of non-compliance, the administrative unit, state-operated program, approved
facility school, or Department of Early Childhood program shall provide the
Department of Education with a corrective action plan including timelines, or
sufficient documentation that corrective actions ordered by the Department have
been made, whichever is applicable.
7.05(4) Within 20 days following the receipt
of the corrective action plan of the administrative unit, state-operated
program, approved facility school, or Department of Early Childhood program,
the Department of Education shall acknowledge receipt of such and indicate
whether it is accepted or, if rejected, notification of the revision necessary
before acceptance would be given.
7.05(5) [Deleted]
7.05(6) If the Department of Education is
unable to secure voluntary compliance through the actions described above, the
administrative unit, state-operated program, approved facility school, or
Department of Early Childhood program shall be notified of the noncompliance
and the subsequent steps to be taken by the Department of Education which may
include any of the following or any other appropriate means of enforcing
compliance requirements:
7.05(6)(a)
disapproval or failure to approve in whole or part, the application of the
administrative unit, state-operated program, approved facility school, or
Department of Early Childhood program for funding;
7.05(6)(b) order, in accordance with a final
state audit resolution determination, the repayment of misspent federal
funds;
7.05(6)(c) withhold and/or
terminate further financial assistance to the administrative unit,
state-operated program, approved facility school, or Department of Early
Childhood program;
7.05(6)(d)
suspend payments, under an approved project, to the administrative unit,
state-operated program, approved facility school, or Department of Early
Childhood program.
7.05(7) Information regarding monitoring
findings and resolutions shall be forwarded to the appropriate Department of
Education staff for consideration in the accreditation process for a school
district or the Colorado School for the Deaf and the Blind, or to the Colorado
Department of Early Childhood for appropriate licensing action.
7.06
State Complaint
Procedures
The Department shall accept, investigate, and resolve state-level complaints under 34 CFR §§ 300.151 to 300.153 as part of its duty of general supervision.
7.06(1) Pursuant
to section
22-20-104(1)(a)(VIII),
C.R.S., the Department shall publish rules of agency organization governing how
it processes state complaints. These state complaint procedures shall identify:
7.06(1)(a) The process for filing a complaint
with the Department consistent with
34 CFR §§
300.151(a)(1) and
300.153;
7.06(1)(b) Time limits and procedures
consistent with 34 CFR
§
300.152; and
7.06(1)(c) A reminder to public agencies to
comply with 34 CFR §
300.504(a)(2).
7.06(2) As required by
34 CFR §
300.151(a)(2), the state
complaint procedures must be posted to the Department's website, described in
the Department's procedural safeguards notice, and otherwise widely
disseminated to parents and other interested individuals.
7.06(3) The Department's decisions in a state
complaint shall not be subject to appeal, but the same issues may be subject to
a due process complaint if the party has a right to file a due process
complaint consistent with 34
CFR 300.507. Subsequent due process
proceedings will not delay implementation of any remedies imposed by a state
complaint decision unless and until:
7.06(3)(a) The specific legal violation to
which the remedy is directed is at issue in the due process complaint;
and
7.06(3)(b) There is a direct
conflict between the state complaint decision and the final decision of the
administrative law judge.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
7.01 Record Keeping
To meet the requirements of Sections 22-20-104(4), C.R.S., an administrative unit shall maintain a management and information system which provides for the collection, documentation, aggregation, and reporting of student, staff, revenue and expenditure data.
7.01(1) Student data.
7.01(1)(a) Administrative units should maintain an individual student data base of the following information:
7.01(1)(a)(i) Student name.
7.01(1)(a)(ii) Date of birth.
7.01(1)(a)(iii) Primary disability.
7.01(1)(a)(iv) Student's gender and ethnicity.
7.01(1)(a)(v) Primary educational setting.
7.01(1)(a)(vi) Date of the most recent meeting at which the child was determined to have a disability.
7.01(1)(a)(vii) Date of the most recent meeting at which the IEP was reviewed.
7.01(1)(a)(viii) Individual staff who are providing special education programs and services identified in the student's IEP.
7.01(1)(b) Administrative units, community centered boards, and approved facility schools should maintain individual student records that contain the following:
7.01(1)(b)(i) Information about the disposition of each referral.
7.01(1)(b)(ii) Signed permission forms for initial assessment and initial placement.
7.01(1)(b)(iii) Verification that parent(s) were advised of and understood their due process rights.
7.01(1)(b)(iv) Any written assessment reports.
7.01(1)(b)(v) Documentation that appropriate written notice was given to parent(s).
7.01(1)(b)(vi) Documentation that required participants were in attendance at meetings.
7.01(1)(b)(vii) Records of all meetings at which the child was determined to have a disability.
7.01(1)(b)(viii) A copy of all IEPs.
7.01(1)(b)(ix) Any additional information which documents that the child is eligible for special education services.
7.01(1)(c) Individually identifiable information shall be held confidential and protected in accordance with Section 6.01 of these Rules.
7.01(1)(d) Destruction of records shall be in compliance with Section 6.01(14) of these Rules and 34 CFR § 300.624.
7.01(2) Staff data.
Administrative units should maintain the following data for all special education services staff:
7.01(2)(a) Name.
7.01(2)(b) Special education position assignment.
7.01(2)(c) FTE and salary attributable to special education, and source of funds supporting that salary.
7.01(2)(d) Documentation of time spent with students with disabilities for each staff member who is employed part-time in special education and part-time in regular education.
7.01(3) Revenue and expenditure data.
7.01(3)(a) Administrative units shall maintain auditable records of all special education expenditures and of the state, federal, local and other revenues which are received in support of those expenditures.
7.01(3)(b) Using the accrual basis of accounting, administrative units shall operate a budgeting and accounting procedure which records the objects of expenditure for each special education instructional and support service area.
7.01(3)(c) Community centered boards and approved facility schools shall maintain auditable records of all information used to establish tuition costs reported on forms developed by the Department of Education.
7.02 Reporting
Each administrative unit shall submit to the Department of Education annual student, staff, revenue and expenditure data according to the instructions and on forms or computer programs provided by the Department of Education. If accurate data are not submitted according to deadlines established by the Department, the disbursement of state and federal funds to that particular unit shall be delayed.
7.03 SPECIAL EDUCATION FUNDING
7.03(1) Federal funds.
7.03(1)(a) Administrative units shall obtain prior approval from the Department of Education for the use of federal funds in support of special education services.
7.03(1)(b) The approval criteria and procedures for the use of federal funds shall be governed by relevant rules and regulations promulgated pursuant to state and federal laws.
7.03(1)(c) Federally funded programs shall be considered supplementary to the basic program required by the Exceptional Children's Educational Act (ECEA).
7.03(2) ECEA funds.
Under the requirements of Section 22-20-104(4), C.R.S., an administrative unit shall use its state ECEA funds only on special education services and programs, as outlined in Section 2.44 of these Rules.
7.03(3) Payments of ECEA funds.
ECEA funds shall be distributed in accordance with Sections 22-20-114 and 22-20-114.5, C.R.S.
7.04 (Reserved)
7.05 Monitoring
Each administrative unit, State Operated Program, approved facility school, and Department of Early Childhood program shall comply with all state statutes and regulations regarding the identification and/or education of children with disabilities
7.05(1) Each administrative unit, State Operated Program, approved facility school and Department of Early Childhood program shall be subject to ongoing monitoring by the Department of Education of its policies, procedures and practices relating to the identification and/or education of children with disabilities.
7.05(1)(a) Monitoring procedures shall include:
7.05(1)(a)(i) A determination of compliance with statutes according to the administrative unit on-site checklist developed by the Department of Education.
7.05(1)(a)(ii) An assessment of program quality based on the standards established by the Department of Education.
7.05(1)(b) Monitoring activities shall be determined by the Department of Education and shall include:
7.05(1)(b)(i) Review of the comprehensive plan of the administrative unit, state-operated program or approved facility school,
7.05(1)(b)(ii) A review of the data routinely collected by the Department of Education,
7.05(1)(b)(iii) A planned comprehensive or targeted on-site process to identify and verify compliance with and implementation of policies and procedures as well as delivery of services,
7.05(1)(b)(iv) Count audits consisting of periodic checks of student eligibility criteria through verification of documentation as found in students' files and on individual education programs.
7.05(1)(c) Follow-up to assure non-compliance issues have been rectified shall be ongoing. Follow-up of non-compliance issues identified from the count audits will occur as part of the comprehensive on-site monitoring process.
7.05(2) Within 90 days from the completion of any monitoring procedure or activity, the Department of Education shall provide a written report based on the administrative unit on-site checklist, to the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program, which shall include findings, non-compliance items, directives for corrective action, and recommendations for improvement.
7.05(2)(a) Should the Department of Education determine that an administrative unit, state- operated program, approved facility school, or Department of Early Childhood program is in non-compliance with pertinent statutes and implementing regulations, the Department of Education shall provide such administrative unit, state-operated program, approved facility school, or Department of Early Childhood program with the legal citation of the statute or regulation it is found to have violated and the directive for corrective action or request for a corrective action plan.
7.05(2)(b) Should the Department of Education determine that an administrative unit, state- operated program, approved facility school, or Department of Early Childhood program does not reasonably satisfy quality standards or guidelines established by the Department of Education, recommendations will be made.
7.05(3) Within 90 days following any report of non-compliance, the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program shall provide the Department of Education with a corrective action plan including timelines, or sufficient documentation that corrective actions ordered by the Department have been made, whichever is applicable.
7.05(4) Within 20 days following the receipt of the corrective action plan of the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program, the Department of Education shall acknowledge receipt of such and indicate whether it is accepted or, if rejected, notification of the revision necessary before acceptance would be given.
7.05(5) [Deleted]
7.05(6) If the Department of Education is unable to secure voluntary compliance through the actions described above, the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program shall be notified of the noncompliance and the subsequent steps to be taken by the Department of Education which may include any of the following or any other appropriate means of enforcing compliance requirements:
7.05(6)(a) disapproval or failure to approve in whole or part, the application of the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program for funding;
7.05(6)(b) order, in accordance with a final state audit resolution determination, the repayment of misspent federal funds;
7.05(6)(c) withhold and/or terminate further financial assistance to the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program;
7.05(6)(d) suspend payments, under an approved project, to the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program.
7.05(7) Information regarding monitoring findings and resolutions shall be forwarded to the appropriate Department of Education staff for consideration in the accreditation process for a school district or the Colorado School for the Deaf and the Blind, or to the Colorado Department of Early Childhood for appropriate licensing action.
7.07 [Deleted]