1 CCR 301-8-8.00 - RESPONSIBILITIES OF ADMINISTRATIVE UNITS, STATE-OPERATED PROGRAMS AND APPROVED FACILITY SCHOOLS
General Responsibilities
8.01(1) Duties and responsibilities of
administrative units.
An administrative unit shall carry out all applicable State and Federal statutes and regulations and shall be responsible for and provide assurances for:
8.01(1)(a) The
development and adoption of a Comprehensive Plan in accordance with the
applicable statutes and regulations. Such Plan shall also include a description
of the following:
8.01(1)(a)(i) Financial
commitments and agreements of the unit and of the participating districts for
special education programs and services.
8.01(1)(a)(ii) Method or standards utilized
to determine the number and types of special education personnel required to
meet the needs of children with disabilities.
8.01(1)(a)(iii) Procedures for regular,
periodic evaluation of programs, services and student progress.
8.01(1)(b) Resource allocation and
management to assure adequate personnel, facilities, materials and equipment in
accordance with the provisions of Section 3.03 of these Rules to meet the needs
of children with disabilities.
8.01(1)(c) Qualified personnel in accordance
with the provisions of Section 3.04 of these Rules.
8.01(1)(d) Maintenance of and access to
student records in accordance with Section 7.01 of these Rules.
8.01(1)(e) Child find, referral, evaluation,
planning and delivery of services in accordance with the provisions of Sections
4.00, 5.00, and 8.00 of the Rules.
8.01(1)(f) Procedures for ensuring
confidentiality and required procedural safeguards in accordance with Section
6.00 of the Rules.
8.01(1)(g) Staff
development in accordance with Section 3.05 of these Rules.
8.01(1)(h) Program evaluation in accordance
with Section 3.06 of these Rules.
8.01(1)(i) Reporting of any Department of
Early Childhood Program noncompliance with state and federal special education
laws, regulations, and requirements to the Department of Education and
Department of Early Childhood. Such reports shall be made in writing to the
Commissioner of Education and the Executive Director of the Department of Early
Childhood or their designees no later than five business days after discovery
of the acts or omissions giving rise to the noncompliance.
8.01(1)(j) Adoption and implementation of a
policy regarding Abbreviated School Day Schedules by July 1, 2025 that is
substantially similar to a policy that the Department will create pursuant to
section 22-20-123(3)(a),
C.R.S., and which must include the following at minimum:
8.01(1)(j)(i) The definitions of Abbreviated
School Day and Abbreviated School Day Schedule in rules 2.01 and 2.01(1) of
these rules; and
8.01(1)(j)(ii) An
explanation of and expectations on how Abbreviated School Days relate to school
discipline and informal removals, which includes the following:
8.01(1)(j)(ii)(I) When a school unilaterally
shortens a child's school day to address behavioral concerns, it must count
this as a disciplinary removal even if the child was not formally suspended.
This includes, but is not limited to, the following circumstances: when the
school calls the child's parent/guardian to pick them up early due to behavior;
when a teacher does not allow a child to attend class due to behavior; and when
a school official unilaterally determines that the child must attend for an
Abbreviated School Day due to behavior; and
8.01(1)(j)(ii)(II) These removals must be
accurately recorded and tracked to ensure the child receives the disciplinary
protections to which they are entitled, such as a manifestation determination
review should the combined removals constitute a disciplinary change of
placement under Section 504 or the IDEA; and
8.01(1)(j)(ii)(III) These provisions do not
mean that a school is prohibited from disciplining a child with disabilities
for conduct that violates the student code of conduct as long as it does so
consistent with the protections afforded to children with disabilities under
IDEA and Section 504; and
8.01(1)(j)(iii) An explanation of and
expectations regarding how Abbreviated School Days relate to school attendance,
which includes the following:
8.01(1)(j)(iii)(I) A child with disabilities
in high school who voluntarily enrolls in a reduced class load, consistent with
other non-disabled students in the school, and who is on track to graduate is
not considered to be on an Abbreviated School Day Schedule; and
8.01(1)(j)(iii)(II) Children with
disabilities appropriately placed on an Abbreviated School Day Schedule by an
IEP or 504 Team may not be considered truant or chronically absent based solely
on the abbreviated schedule. Compulsory school attendance requirements pursuant
to Section
22-33-104, C.R.S., do not apply to
children with disabilities who have been placed on an Abbreviated School Day
Schedule by an IEP or 504 team in accordance with the Department's policy and
state and federal law; and
8.01(1)(j)(iii)(III) Children with
disabilities should have the same opportunity to participate in field trips,
school functions, and extracurricular activities as their nondisabled,
same-aged peers. A child who has been placed on an Abbreviated School Day
Schedule by their IEP or 504 team should not be determined ineligible to
participate in field trips, school functions, and extracurriculars based on the
abbreviated schedule. If a child with a disability needs supplementary aids and
services to meaningfully participate in field trips, school functions, and
extracurricular activities, these should be determined by the IEP or 504 team
and described in the IEP or 504 plan; and
8.01(1)(j)(iv) The role of the IEP or 504
Team in Determining an Abbreviated School Day Schedule, including at minimum:
8.01(1)(j)(iv)(I) The IEP or 504 team must
determine whether an Abbreviated School Day Schedule is appropriate based on
the child's unique disability-related needs, consistent with IDEA and Section
504. For an IDEA-eligible child, initial placement on an Abbreviated School Day
Schedule may not be determined through the IEP amendment process described in
300.324(a)(4); and
8.01(1)(j)(iv)(II) In making this
determination, the team must consider and document in the IEP or 504 plan how
FAPE will be achieved with the Abbreviated School Day Schedule and whether the
Abbreviated School Day Schedule will impact the ability to educate the child
with disabilities in the LRE. FAPE and LRE must be determined consistent with
the requirements of IDEA or Section 504; and
8.01(1)(j)(iv)(III) Additional technical
guidance that will be provided in the Department's Abbreviated School Day
Schedule policy related to components that must be determined and documented in
the IEP or 504 process as well as how often the Abbreviated School Day Schedule
should be reviewed; and
8.01(1)(j)(v) The requirements for consent
and information provided to parents, legal guardians, and custodians of
children with disabilities, including:
8.01(1)(j)(v)(I) Explaining student rights
related to informal removals for conduct or behavior as described in rule
8.01(1)(j)(ii).
8.01(1)(j)(v)(II)
There are times when a lawfully convened IEP or 504 team meets and determines
that an Abbreviated School Day Schedule is necessary to ensure a FAPE for the
student (e.g. a student with a medical condition that requires homebound). When
an offer of FAPE is made that includes an Abbreviated School Day Schedule, and
the parent/guardian disagrees that the Abbreviated School Day Schedule is
necessary for FAPE, the parent/guardian can pursue existing remedies under
state and federal law. For IDEA-eligible children, the parent/guardian can
request mediation, file a state complaint, or file a due process complaint. For
children on a 504 plan, the parent/guardian can file a complaint with the
Office of Civil Rights.
8.01(1)(j)(v)(III) For any Abbreviated School
Days or Abbreviated School Day Schedules that are not connected to the offer of
FAPE determined by the IEP or 504 Team (and are not lawful and proper
disciplinary removals), the school must obtain informed and written consent
from the child's parent(s), legal guardian(s), or custodian(s) prior to
implementing the Abbreviated School Day or Abbreviated School Day Schedule. A
parent, guardian, or custodian may revoke this consent in writing at any
time.
8.01(1)(j)(v)(IV) Additional
technical guidance that will be provided by the Department in its Abbreviated
School Day Schedule policy related to consent; and
8.01(1)(j)(vi) Additional requirements
related to documentation and record keeping for Abbreviated School Day
Schedules that will be included in the Department's policy on Abbreviated
School Day Schedules.
8.01(2) Duties and responsibilities of
approved facility schools.
An approved facility school with an on-grounds school approved by the Facility School Board in accordance with the Rules for the Administration of the Facility Schools Act, 1 CCR 304-1, shall be responsible for:
8.01(2)(a) Development of a
Comprehensive Plan in accordance with the Rules for the Administration of the
Facility Schools Act, 1 CCR 304-1.
8.01(2)(b) Resource allocation and management
in accordance with Section 3.03 of these Rules to assure adequate personnel,
facilities, materials and equipment to meet the needs of children with
disabilities.
8.01(2)(c) Qualified
personnel in accordance with the provisions of Section 3.04 of these
Rules.
8.01(2)(d) Maintenance and
access to student records in accordance with Section 7.01 of these
Rules.
8.01(2)(e) IEP planning, in
collaboration with the responsible administrative unit, and the delivery of
services in accordance with the provisions of Sections 4.00, 5.00 and 8.00 of
these Rules.
8.01(2)(f) Procedures
for ensuring confidentiality and required procedural safeguards in accordance
with Section 6.00 of the Rules.
8.01(2)(g) Staff development in accordance
with Section 3.05 of these Rules.
8.01(2)(h) Program evaluation in accordance
with Section 3.06 of these Rules.
8.01(3) Duties and responsibilities of
state-operated programs.
A state-operated program shall carry out all applicable State and Federal statutes and regulations and shall be responsible for and provide assurances for the development and adoption of a Comprehensive Plan in accordance with the applicable statutes and regulations. Such Plan shall also include a description of the following:
8.01(3)(a) Method or standards utilized to
determine the number and types of special education personnel required to meet
the needs of children with disabilities.
8.01(3)(b) Resource allocation and management
in accordance with Section 3.03 of these Rules to assure adequate personnel,
facilities, materials and equipment to meet the needs of children with
disabilities.
8.01(3)(c) Qualified
personnel in accordance with the provisions of Section 3.04 of these
Rules.
8.01(3)(d) Maintenance of
and access to student records in accordance with Section 7.01 of these
Rules.
8.01(3)(e) Child find,
referral, evaluation, planning and delivery of services in accordance with the
provisions of Sections 4.00 and 5.00 of these Rules.
8.01(3)(f) Procedures for ensuring
confidentiality and required procedural safeguards in accordance with Section
6.00 of these Rules.
8.01(3)(g)
Staff development in accordance with Section 3.05 of these Rules.
8.01(3)(h) Program evaluation in accordance
with Section 3.06 of these Rules.
8.01(4) Duties and responsibilities of
alternative administrative units.
8.01(4)(a)
For a child with disabilities who is enrolled in a charter school that
participates in an alternative administrative unit, the alternative
administrative unit, for the duration of the child's enrollment in the charter
school, is solely legally and fiscally responsible for specialized instruction
and related services to provide a free appropriate public education for the
child and for dispute resolution pursuant to the "Exceptional Children's
Educational Act", article 20 of title 22 of the Colorado Revised Statutes, and
the federal "Individuals with Disabilities Education Act",
20 U.S.C. sec.
1400 et seq., as amended. Dispute resolution
includes, but is not limited to, resolution of state complaints, due process
hearings, and investigations by the federal department of
education.
8.02
Specific Responsibilities for Special Education Functions and
Services
8.02(1) Except as is
otherwise provided for in these Rules, the administrative unit of attendance is
responsible for child identification, as defined by Section 4.02 of these
Rules, IEP planning, delivery of special education services, and the provision
of a free appropriate public education to each child with a disability
attending public school within the administrative unit, including convening and
conducting required meetings related to such special education functions.
8.02(1)(a) A child with a disability
attending public school is entitled to all special education services specified
by the child's IEP and to a free appropriate public education.
8.02(1)(b) Consistent with
34 CFR §
§
300.129 through
300.144, each administrative unit
is responsible for conducting child identification and serving designated
parentally placed private school students with disabilities in elementary and
secondary private schools located within the boundaries of the administrative
unit, including developing a services plan for such designated
students.
8.02(1)(c) The
administrative unit of attendance is not responsible for the delivery of
special education services or the provision of a free appropriate public
education to a child with a disability placed in an approved facility school
approved by the Facility Schools Board. It is, however, responsible for certain
other special education functions identified in this Rule
8.00.
8.02(2) If a child
with a disability is not enrolled in school, the administrative unit of
residence is responsible for the provision of child find identification
services.
8.03
Responsibility for Special Education Tuition
8.03(1) Pursuant to Section 9.03 of these
Rules, the district of residence is responsible for the payment of special
education tuition as that term is defined by Section 9.01(8) of these
Rules.
8.03(2) The relative
responsibilities of administrative units, alternative administrative units,
districts of residence, approved facility schools, charter schools and online
schools or programs for public out-of-district placement of students, school
choice placement of students, and special education tuition are established in
Section 9.00 of these Rules. Each BOCES and its member districts shall jointly
develop procedures and/or cooperative agreements that will ensure compliance
with such Rules.
8.03(3) If the
child's district of attendance is not the child's district of residence but is
within the same administrative unit as the child's district of residence, the
payment of tuition, if any, shall be determined by the administrative unit and
the two districts involved.
8.04
Responsibility for Initial
Assessment and Reevaluation
8.04(1)
Responsibility for initial assessment and reevaluation shall be with the
administrative unit in which the child attends school, or, if (s)he is not
enrolled in school, it shall be the responsibility of the administrative unit
in which the child resides. The administrative unit of attendance shall invite
the Special Education Director or designee of the administrative unit of
residence to participate in the process of the initial assessment or
re-evaluation. State-operated programs and approved facility schools shall be
excepted from this Rule as follows:
8.04(1)(a)
Initial assessment and re-evaluation for children attending the Colorado School
for the Deaf and the Blind or residing at the Mental Health Institutes or the
Division of Youth Corrections shall be the responsibility of those agencies,
which shall invite the administrative unit of residence to
participate.
8.04(1)(b) Initial
assessment and re-evaluation for incarcerated children shall be the
responsibility of the Department of Corrections.
8.04(1)(c) Re-evaluation for children at
approved facility schools shall be the responsibility of the administrative
unit of residence.
8.04(1)(d) When
the applicable contract between a charter school and its authorizer or
alternative administrative unit allows the charter school to provide initial
evaluations and reevaluations, the charter school shall be responsible for
conducting such evaluations and complying with Section 4.02 of these Rules.
However, the administrative unit of the charter school remains ultimately
responsible for ensuring that all such evaluations meet the requirements of
Section 4.02.
8.05
Meetings During Which a Disability
or Eligibility is Initially Considered
8.05(1) Meetings during which a disability or
eligibility is initially considered shall be the responsibility of the
administrative unit in which the child attends school or, if (s)he is not
enrolled in school, it shall be the responsibility of the administrative unit
in which the child resides.
8.05(1)(a) If the
administrative unit in which the parent resides would be different from the
administrative unit of attendance, the administrative unit of attendance shall
notify the Special Education Director of the administrative unit in which the
child's parent resides prior to the assessment process so that the
administrative unit of residence may choose to participate in the
process.
8.05(1)(b) If the
administrative unit in which the parent resides disagrees with the
determination of eligibility, the administrative unit of residence may elect to
initiate an informal process such as negotiation or mediation or it may request
the Commissioner of Education to review the process of determination.
Disagreements subject to this informal dispute resolution option are limited to
those involving allegations that the administrative unit of attendance failed
to comply with the evaluation and eligibility determination procedures
established by Section 4.02 of these Rules, including the requirement that the
administrative unit of residence be invited to participate in the evaluation of
the child consistent with Section 8.05(1)(a) of these Rules.
8.05(1)(c) Except for state-operated programs
and approved facility schools, review meetings in which the determination of
disability and eligibility is reconsidered shall be the responsibility of the
administrative unit of attendance. This includes review meetings for children
with disabilities attending online schools or programs within the
administrative unit of attendance. For state-operated programs, review meetings
in which the determination of disability and eligibility are reconsidered shall
be the responsibility of the state-operated programs. For approved facility
schools, review meetings in which the determination of disability and
eligibility are reconsidered shall be the responsibility of the administrative
unit of residence.
8.05(1)(d) When
the applicable contract between a charter school and its authorizer or
alternative administrative unit allows the charter school to provide the
special education services and to conduct the eligibility determination
meetings required by these Rules, the charter school shall be responsible for
meeting the eligibility determination requirements in compliance with Section
4.02 of these Rules. However, the administrative unit of the charter school
remains ultimately responsible for ensuring that all eligibility determinations
and related meetings comply with the requirements of Section 4.02.
8.06
Meetings to
Initially Develop or to Subsequently Review the Child's Individualized
Educational Program (IEP)
8.06(1) If
the determination is made that the child has a disability and is eligible for
special education, all meetings to initially develop or to subsequently review
the child's individualized educational program (IEP) shall be the
responsibility of the administrative unit of attendance which shall timely
invite the Special Education Director of the administrative unit of residence
to participate as an IEP team member. This includes online schools or programs
operated within the administrative unit of attendance. Exceptions to this Rule
are as follows:
8.06(1)(a) All meetings for
children attending the Colorado School for the Deaf and the Blind or residing
at the Mental Health Institutes and the Division of Youth Corrections shall be
the responsibility of those agencies which shall invite the administrative unit
of residence to participate.
8.06(1)(b) All meetings for incarcerated
children at the Department of Corrections shall be the responsibility of that
agency.
8.06(1)(c) Meetings to
develop the initial individualized educational program (IEP) for children at
approved facility schools shall be the responsibility of the administrative
unit of attendance (the administrative unit in which the facility is located).
Thereafter IEP review meetings and re-determination of eligibility shall be the
responsibility of the administrative unit of residence.
8.06(1)(d) When the applicable contract
between a charter school and its authorizer or alternative administrative unit
allows the charter school to provide the special education services and to
conduct the meetings required by these Rules, the charter school shall be
responsible for meetings to initially develop and subsequently review the IEP
in compliance with Section 4.03 of these Rules. However, the administrative
unit of the charter school remains ultimately responsible for ensuring that IEP
planning and related meetings comply with the requirements of Section
4.03.
8.07
Transfers Under Public School Choice Involving a Significant Change in
Placement
8.07(1) When a child seeks to
transfer to a new school or program, including an online school or program
under public school choice, and the transfer constitutes a significant change
in placement, as described in Section 4.03(8)(b)(ii) of these Rules:
8.07(1)(a) A reevaluation consistent with
Section 4.03(8)(b)(ii)(B) must be conducted by the administrative unit in which
the school or program is located, and an IEP Team convened by such
administrative unit. The purpose of the IEP Team meeting is to ensure that the
receiving school or program is an appropriate placement for the student.
Consistent with this Section 8.00, if the administrative unit of the receiving
school or program is different from the administrative unit of residence, the
Special Education Director of the administrative unit of residence shall be
notified of the reevaluation and also invited to the IEP meeting.
8.07(1)(b) When the applicable contract
between a charter school and its authorizer or alternative administrative unit
allows the charter school to provide the special education services and to
conduct the IEP meeting required by Section 4.03, the charter school shall be
responsible for the reevaluation and the IEP meeting in compliance with this
section and Section 4.03(8)(b)(ii). However, the administrative unit of the
charter school remains ultimately responsible for ensuring compliance with this
section and Section 4.03(8)(b)(ii).
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.
8.01 General Responsibilities
8.01(1) Duties and responsibilities of administrative units.
An administrative unit shall carry out all applicable State and Federal statutes and regulations and shall be responsible for and provide assurances for:
8.01(1)(a) The development and adoption of a Comprehensive Plan in accordance with the applicable statutes and regulations. Such Plan shall also include a description of the following:
8.01(1)(a)(i) Financial commitments and agreements of the unit and of the participating districts for special education programs and services.
8.01(1)(a)(ii) Method or standards utilized to determine the number and types of special education personnel required to meet the needs of children with disabilities.
8.01(1)(a)(iii) Procedures for regular, periodic evaluation of programs, services and student progress.
8.01(1)(b) Resource allocation and management to assure adequate personnel, facilities, materials and equipment in accordance with the provisions of Section 3.03 of these Rules to meet the needs of children with disabilities.
8.01(1)(c) Qualified personnel in accordance with the provisions of Section 3.04 of these Rules.
8.01(1)(d) Maintenance of and access to student records in accordance with Section 7.01 of these Rules.
8.01(1)(e) Child find, referral, evaluation, planning and delivery of services in accordance with the provisions of Sections 4.00, 5.00, and 8.00 of the Rules.
8.01(1)(f) Procedures for ensuring confidentiality and required procedural safeguards in accordance with Section 6.00 of the Rules.
8.01(1)(g) Staff development in accordance with Section 3.05 of these Rules.
8.01(1)(h) Program evaluation in accordance with Section 3.06 of these Rules.
8.01(1)(i) Reporting of any Department of Early Childhood Program noncompliance with state and federal special education laws, regulations, and requirements to the Department of Education and Department of Early Childhood. Such reports shall be made in writing to the Commissioner of Education and the Executive Director of the Department of Early Childhood or their designees no later than five business days after discovery of the acts or omissions giving rise to the noncompliance.
8.01(2) Duties and responsibilities of approved facility schools.
An approved facility school with an on-grounds school approved by the Facility School Board in accordance with the Rules for the Administration of the Facility Schools Act, 1 CCR 304-1, shall be responsible for:
8.01(2)(a) Development of a Comprehensive Plan in accordance with the Rules for the Administration of the Facility Schools Act, 1 CCR 304-1.
8.01(2)(b) Resource allocation and management in accordance with Section 3.03 of these Rules to assure adequate personnel, facilities, materials and equipment to meet the needs of children with disabilities.
8.01(2)(c) Qualified personnel in accordance with the provisions of Section 3.04 of these Rules.
8.01(2)(d) Maintenance and access to student records in accordance with Section 7.01 of these Rules.
8.01(2)(e) IEP planning, in collaboration with the responsible administrative unit, and the delivery of services in accordance with the provisions of Sections 4.00, 5.00 and 8.00 of these Rules.
8.01(2)(f) Procedures for ensuring confidentiality and required procedural safeguards in accordance with Section 6.00 of the Rules.
8.01(2)(g) Staff development in accordance with Section 3.05 of these Rules.
8.01(2)(h) Program evaluation in accordance with Section 3.06 of these Rules.
8.01(3) Duties and responsibilities of state-operated programs.
A state-operated program shall carry out all applicable State and Federal statutes and regulations and shall be responsible for and provide assurances for the development and adoption of a Comprehensive Plan in accordance with the applicable statutes and regulations. Such Plan shall also include a description of the following:
8.01(3)(a) Method or standards utilized to determine the number and types of special education personnel required to meet the needs of children with disabilities.
8.01(3)(b) Resource allocation and management in accordance with Section 3.03 of these Rules to assure adequate personnel, facilities, materials and equipment to meet the needs of children with disabilities.
8.01(3)(c) Qualified personnel in accordance with the provisions of Section 3.04 of these Rules.
8.01(3)(d) Maintenance of and access to student records in accordance with Section 7.01 of these Rules.
8.01(3)(e) Child find, referral, evaluation, planning and delivery of services in accordance with the provisions of Sections 4.00 and 5.00 of these Rules.
8.01(3)(f) Procedures for ensuring confidentiality and required procedural safeguards in accordance with Section 6.00 of these Rules.
8.01(3)(g) Staff development in accordance with Section 3.05 of these Rules.
8.01(3)(h) Program evaluation in accordance with Section 3.06 of these Rules.
8.01(4) Duties and responsibilities of alternative administrative units.
8.01(4)(a) For a child with disabilities who is enrolled in a charter school that participates in an alternative administrative unit, the alternative administrative unit, for the duration of the child's enrollment in the charter school, is solely legally and fiscally responsible for specialized instruction and related services to provide a free appropriate public education for the child and for dispute resolution pursuant to the "Exceptional Children's Educational Act", article 20 of title 22 of the Colorado Revised Statutes, and the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended. Dispute resolution includes, but is not limited to, resolution of state complaints, due process hearings, and investigations by the federal department of education.
8.02 Specific Responsibilities for Special Education Functions and Services
8.02(1) Except as is otherwise provided for in these Rules, the administrative unit of attendance is responsible for child identification, as defined by Section 4.02 of these Rules, IEP planning, delivery of special education services, and the provision of a free appropriate public education to each child with a disability attending public school within the administrative unit, including convening and conducting required meetings related to such special education functions.
8.02(1)(a) A child with a disability attending public school is entitled to all special education services specified by the child's IEP and to a free appropriate public education.
8.02(1)(b) Consistent with 34 CFR § § 300.129 through 300.144, each administrative unit is responsible for conducting child identification and serving designated parentally placed private school students with disabilities in elementary and secondary private schools located within the boundaries of the administrative unit, including developing a services plan for such designated students.
8.02(1)(c) The administrative unit of attendance is not responsible for the delivery of special education services or the provision of a free appropriate public education to a child with a disability placed in an approved facility school approved by the Facility Schools Board. It is, however, responsible for certain other special education functions identified in this Rule 8.00.
8.02(2) If a child with a disability is not enrolled in school, the administrative unit of residence is responsible for the provision of child find identification services.
8.03 Responsibility for Special Education Tuition
8.03(1) Pursuant to Section 9.03 of these Rules, the district of residence is responsible for the payment of special education tuition as that term is defined by Section 9.01(8) of these Rules.
8.03(2) The relative responsibilities of administrative units, alternative administrative units, districts of residence, approved facility schools, charter schools and online schools or programs for public out-of-district placement of students, school choice placement of students, and special education tuition are established in Section 9.00 of these Rules. Each BOCES and its member districts shall jointly develop procedures and/or cooperative agreements that will ensure compliance with such Rules.
8.03(3) If the child's district of attendance is not the child's district of residence but is within the same administrative unit as the child's district of residence, the payment of tuition, if any, shall be determined by the administrative unit and the two districts involved.
8.04 Responsibility for Initial Assessment and Reevaluation
8.04(1) Responsibility for initial assessment and reevaluation shall be with the administrative unit in which the child attends school, or, if (s)he is not enrolled in school, it shall be the responsibility of the administrative unit in which the child resides. The administrative unit of attendance shall invite the Special Education Director or designee of the administrative unit of residence to participate in the process of the initial assessment or re-evaluation. State-operated programs and approved facility schools shall be excepted from this Rule as follows:
8.04(1)(a) Initial assessment and re-evaluation for children attending the Colorado School for the Deaf and the Blind or residing at the Mental Health Institutes or the Division of Youth Corrections shall be the responsibility of those agencies, which shall invite the administrative unit of residence to participate.
8.04(1)(b) Initial assessment and re-evaluation for incarcerated children shall be the responsibility of the Department of Corrections.
8.04(1)(c) Re-evaluation for children at approved facility schools shall be the responsibility of the administrative unit of residence.
8.04(1)(d) When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide initial evaluations and reevaluations, the charter school shall be responsible for conducting such evaluations and complying with Section 4.02 of these Rules. However, the administrative unit of the charter school remains ultimately responsible for ensuring that all such evaluations meet the requirements of Section 4.02.
8.05 Meetings During Which a Disability or Eligibility is Initially Considered
8.05(1) Meetings during which a disability or eligibility is initially considered shall be the responsibility of the administrative unit in which the child attends school or, if (s)he is not enrolled in school, it shall be the responsibility of the administrative unit in which the child resides.
8.05(1)(a) If the administrative unit in which the parent resides would be different from the administrative unit of attendance, the administrative unit of attendance shall notify the Special Education Director of the administrative unit in which the child's parent resides prior to the assessment process so that the administrative unit of residence may choose to participate in the process.
8.05(1)(b) If the administrative unit in which the parent resides disagrees with the determination of eligibility, the administrative unit of residence may elect to initiate an informal process such as negotiation or mediation or it may request the Commissioner of Education to review the process of determination. Disagreements subject to this informal dispute resolution option are limited to those involving allegations that the administrative unit of attendance failed to comply with the evaluation and eligibility determination procedures established by Section 4.02 of these Rules, including the requirement that the administrative unit of residence be invited to participate in the evaluation of the child consistent with Section 8.05(1)(a) of these Rules.
8.05(1)(c) Except for state-operated programs and approved facility schools, review meetings in which the determination of disability and eligibility is reconsidered shall be the responsibility of the administrative unit of attendance. This includes review meetings for children with disabilities attending online schools or programs within the administrative unit of attendance. For state-operated programs, review meetings in which the determination of disability and eligibility are reconsidered shall be the responsibility of the state-operated programs. For approved facility schools, review meetings in which the determination of disability and eligibility are reconsidered shall be the responsibility of the administrative unit of residence.
8.05(1)(d) When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide the special education services and to conduct the eligibility determination meetings required by these Rules, the charter school shall be responsible for meeting the eligibility determination requirements in compliance with Section 4.02 of these Rules. However, the administrative unit of the charter school remains ultimately responsible for ensuring that all eligibility determinations and related meetings comply with the requirements of Section 4.02.
8.06 Meetings to Initially Develop or to Subsequently Review the Child's Individualized Educational Program (IEP)
8.06(1) If the determination is made that the child has a disability and is eligible for special education, all meetings to initially develop or to subsequently review the child's individualized educational program (IEP) shall be the responsibility of the administrative unit of attendance which shall timely invite the Special Education Director of the administrative unit of residence to participate as an IEP team member. This includes online schools or programs operated within the administrative unit of attendance. Exceptions to this Rule are as follows:
8.06(1)(a) All meetings for children attending the Colorado School for the Deaf and the Blind or residing at the Mental Health Institutes and the Division of Youth Corrections shall be the responsibility of those agencies which shall invite the administrative unit of residence to participate.
8.06(1)(b) All meetings for incarcerated children at the Department of Corrections shall be the responsibility of that agency.
8.06(1)(c) Meetings to develop the initial individualized educational program (IEP) for children at approved facility schools shall be the responsibility of the administrative unit of attendance (the administrative unit in which the facility is located). Thereafter IEP review meetings and re-determination of eligibility shall be the responsibility of the administrative unit of residence.
8.06(1)(d) When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide the special education services and to conduct the meetings required by these Rules, the charter school shall be responsible for meetings to initially develop and subsequently review the IEP in compliance with Section 4.03 of these Rules. However, the administrative unit of the charter school remains ultimately responsible for ensuring that IEP planning and related meetings comply with the requirements of Section 4.03.
8.07 Transfers Under Public School Choice Involving a Significant Change in Placement
8.07(1) When a child seeks to transfer to a new school or program, including an online school or program under public school choice, and the transfer constitutes a significant change in placement, as described in Section 4.03(8)(b)(ii) of these Rules:
8.07(1)(a) A reevaluation consistent with Section 4.03must be conducted by the administrative unit in which the school or program is located, and an IEP Team convened by such administrative unit. The purpose of the IEP Team meeting is to ensure that the receiving school or program is an appropriate placement for the student. Consistent with this Section 8.00, if the administrative unit of the receiving school or program is different from the administrative unit of residence, the Special Education Director of the administrative unit of residence shall be notified of the reevaluation and also invited to the IEP meeting.
8.07(1)(b) When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide the special education services and to conduct the IEP meeting required by Section 4.03, the charter school shall be responsible for the reevaluation and the IEP meeting in compliance with this section and Section 4.03 . However, the administrative unit of the charter school remains ultimately responsible for ensuring compliance with this section and Section 4.03(8)(b)(ii).