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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2010-00973

CCR details

Tracking Number 2010-00973
Type of Filing Permanent Rule
Department 300 Department of Education
Agency 301 Colorado State Board of Education
CCR Number 1 CCR 301-8

Proposed rule

Notice Filed with SOS 10/21/2010
Rule ProposedRuleAttach2010-00973.RTF
Additional Information AddInfoAttach2010-00973.RTF
Statutory Authority 22-2-107(1)(c), 22-20-104.5(1), 22-20-104(1)(XI)(b) C.R.S.
Description of Subjects/Issues Modification to the ECEA rules for gifted education
Purpose/Objective of Rule Beginning in 1990, the section of the Exceptional Children?s Education Act pertaining to the rules for gifted education required administrative units to provide matching funds or greater than the state allocation to support local gifted student education program plans. In 2010, the question of the state board?s authority to require matching funds was presented to the Attorney General?s Office. The Attorney General?s Office issued an informal opinion recommending that the state board?s rules should be modified, removing the matching funds provision on the grounds that the statute does not provide authority to the state board to promulgate rules requiring matching funds. Pursuant to 22-20-104.5(1), 22-20-104(1)(XI)(b) and 22-2-107(1)(c), the state board has authority to promulgate rules concerning the Exceptional Children?s Education Act.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation?
Hearing Date 12/06/2010
Hearing Time 02:00 PM
Hearing Location Colorado Department of Education, 201 E. Colfax Ave., State Board Room, Denver, CO 80203
Contact Name Mary Frances Nevans
Contact Title Director of State Board Relations
Contact Telephone (303) 866-6809
Contact email Nevans_mf@cde.state.co.us

Adopted rule

Adopted Rules AdoptedRules02010-00973.RTF
Redline Redline2010-00973.RTF
Adopted Date 01/12/2011
AGO requested date 01/14/2011
Attorney General Opinion 01/25/2011
Effective Date 03/02/2011
Inserted into CCR 02/23/2011