Colorado State Board of Education
Department of Education

1 Colorado Code of Regulations 301-8

Adopted:	June 11, 1992, August 13, 1992, June 8, 1995, September 11, 1997, partial adoption April 9, 1998 through section 3.04, partial adoption May 14, 1998 of sections 4.02(4)(k)(v), 5.02(4), and 8.02(1)(f)(i), final adoption July 9, 1998 of sections 4.01(3)(c) and 6.02(2), March 4, 1999, April 13, 2000, May 9, 2002, January 13, 2005.

Attorney General Opinion:	June 18, 1992, August 20, 1992, June 27, 1995, September 30, 1997, April 23, 1998, May 29, 1998, July 28, 1998, March 11, 1999, April 20, 2000, May 16, 2002, January 20, 2005.

Statutory Authority:	Article 20 of Title 22, C.R.S., Sections 22-20-104, 22-2-107 (1) (a), 22-2-107(1) (c), 22-2-107 (1) (q), 22-20-109 and 22-20-116. 

R U L E S
( F O R   T H E )
A D M I N I S T R A T I O N    O F   T H E    E X C E P T I O N A L   C H I L D R E N ' S
E D U C A T I O N A L   A C T

2220-R-1.00	STATEMENT OF BASIS AND PURPOSE
	
1.00	(1)	The statutory authority for the enactment of these Rules and the repeal of previously existing Rules 1 CCR 301-8, Rules 2220-R-1.00 through 2220-R-10.07 (2) adopted by the State Board of Education on June 11, 1992, is found in Article 20 of Title 22, C.R.S., generally in Sections 22-20-104, 22-2-107(1)(a), 22-2-107(1)(c), 22-2-107(1)(q), and 22-20-109.  The purpose of these Rules is to provide the administrative framework for services offered to students pursuant to the terms of the Exceptional Children’s Educational Act (ECEA).  Current Rules 1 CCR 301-8, 2220-R-11.00 through 11.07 (5) are not affected by this enactment.  The Rules reflect changes in educational practices and the manner of delivery of services to students within the legal parameters of the ECEA that have occurred since the prior Rules were originally enacted in 1976.  The definitions of handicapping conditions and the eligibility criteria for receiving services have been clarified.  The involvement of facilities that offer special education services to students has been recognized, and the conditions for approval for reimbursement have been established.  Additionally, the criteria for creating and maintaining an administrative unit are set forth as are standards for the provision of educational services to eligible students.  The Rules outline the procedure to be followed in identifying, assessing and serving those children eligible for services under the ECEA.  The Rules also elaborate on the various procedural safeguards available to administrative units and children and their parents pursuant to the ECEA.

1.00	(2)	The statutory basis for the amendments to these Rules adopted by the State Board of Education on September 11, 1997 is found in Sections 22-2-107(1)(c), 22-2-107(1)(q), 22-20-103(1.7) and (5.7), 22-20-104, 22-20-108(4.5) and (4.7), 22-20-109(4) and (5) and 22-20-114 C.R.S.  The purpose of the amendments is to conform the Rules to recent legislative changes in the ECEA, specifically with regard to definitions of communication mode or language and literacy mode, development of individual educational programs, and tuition for children with disabilities in Charter Schools and Schools of Choice.

1. 00	(3)	The statutory authority for the amendments to these Rules is found in Article 20 of Title 22, C.R.S., Sections 22-20-104, 22-2-107(1)(a), 22-2-107(1)(c), and 22-2-107(1)(q).  The purpose of the amendments to Rule 1 CCR 301-8, 2220-R-3.04(1)(f) is to reflect additional statutory requirements for the development of minimum standards for Educational Interpreters for the Deaf as specified in C.R.S. 22-20-116.  The amendments to Rules 1 CCR 301-8, 2220-R-2.02(9), 3.01(5)(a), 4.01(3)(c), 4.02(4)(k)(v), 5.02(4), 6.02(2), and 8.02(1)(f)(i) are the result of a review by Legislative Legal Services.

1.00	(4)	The statutory authority for the amendments to these Rules is found in Article 20 of Title 22, C.R.S., Sections 22-2-107(1)(a), 22-2-107(1)(c), 22-2-107(1)(q), and 22-20-104.  The reasons for the amendments to these Rules are to bring the state into compliance with the Individuals with Disabilities Education Act Reauthorization of 1997, to respond to the review of the BOCES conducted by the State Auditors Office, and to make technical amendments to sections that contain incorrect citations or grammatical errors.  Subsections of Section 3.01(5)(a) have been deleted because they were allowed to expire by action of the General Assembly, and under Colorado law shall not be repromulgated [C.R.S. 24-4-103(8)(d)]. 

1.00	(5)	The statutory authority for the amendments to these Rules is found in Article 20 of Title 22, C.R.S., Sections 22-2-107(1)(a), 22-2-107(1)(c), 22-2-107(1)(q), and 22-20-104.  The reason for the amendments to these Rules is to bring the State into compliance with the Individuals with Disabilities Education Act final regulations issued on March 12, 1999 and to rectify an incorrect citation.

1.00	(6)	The statutory authority for the amendments to these Rules, adopted by the State Board of Education on May 9, 2002,  is found in Article 20 of Title 22, C.R.S., Sections 22-2-107(1)(a), 22-2-107(1)(c), 22-2-107 (1)(q), and 22-20-104.  The reason for the amendments to these Rules is to bring the State into compliance with the Individuals with Disabilities Education Act and to provide clarification for implementation to the field.

1.00	(7)	The statutory authority for the amendments to these Rules is found in the Colorado Revised Statutes, Title 22, Article 20, Sections 108 and 109.  The purpose of these amendments is: (A) to address new requirements in HB04-1397 and HB04-1141 that amended the special education tuition responsibility provisions of the Exceptional Children’s Educational Act, Section 22-20-109, C.R.S.; (b) to add clarification regarding special education administrative unit responsibilities for special education services; and (c) to add additional clarifying language.

1.00	(8)	the statutory authority for the amendments to these rules is found in title 22, article 20, sections 103, 104, 104.5, 108, 109, and 114.  the purposes of the amendments are: (a) to address new requirements in sb06-118 and hb06-1375 that amended the special education tuition responsibility provisions and the out-of-home placement provisions of the exceptional children’s educational act, sections 22-20-103, 108 and 109, c.r.s.;  (b) to address new requirements in sb06-118 that amended the gifted and talented provision of said act, sections 22-20-103, 104 and 104.5, c.r.s.;  (c) to address new requirements in hb06-1375 regarding the special education funding provisions of said act, section 22-20-114, c.r.s.; (d) to add clarification regarding administrative unit responsibilities for gifted and talented programs; and (e) to add clarifying language.

7.04	Special Education Funding

7.03	SPECIAL EDUCATION FUNDING

7.04(1)	
7.03	(1)	Federal funds.

7.04(1)(a)
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.

7.04(1)(b)
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.

7.04(1)(c)
7.03	(1)	(C)	Federally funded programs shall be considered supplementary to the basic program required by the Exceptional Children's Educational Act (ECEA).

7.04(2)	
7.03	(2)	ECEA  funds.

Under the requirements of Section 22-20-104 (1), C.R.S., an administrative unit shall use its state ECEA funds only on special education services and programs, as outlined in Section 2.03(1) of these Rules.

7.04(3)	
7.03	(3)	Payments of ECEA funds.

ECEA FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH SECTION 22-20-114, C.R.S.

Beginning with the 1995-96 school year, and every year thereafter, ECEA funds will be distributed as follows:
	
7.04(3)(a)	An allocation of $49,800,756 will be distributed to each administrative unit in proportion to the amount of state ECEA funding the administrative unit received for the 1994-95 fiscal year divided by the appropriation for the 1994-95 fiscal year.  A request to distribute these funds shall be submitted to the State Board of Education for approval at its September Board meeting.  Payment of these funds will be delayed until an administrative unit’s required student, staff, revenue and expenditure data are submitted to the Department of Education.  If a district that is a part of a Board of Cooperative Services changes its membership to another Board of Cooperative Services, the original administrative unit’s allocation will be decreased, and that amount will be added to the allocation of the newly formed administrative unit.  The proportion of funds that will be transferred will be based on the total payment for the original administrative unit divided by the most recent December count for that unit.  This amount per child will then be multiplied by the number of children with disabilities the district had on the previous December count.  Once this transfer of funds is made, it will not be amended in future years unless there is a change in the configuration of the administrative unit.

7.04(3)(b)	Any increase in the appropriation over the amount described above shall be distributed to individual school districts.  The increased appropriation shall be divided by the total number of children with disabilities, ages birth through 21, reported by administrative units on the previous December 1 count to determine an amount of funding per child.  This per child amount shall then be multiplied by the December 1 count for each school district to determine each district's share of the increased allocation.  A request for payment of 100 percent of the increased allocation shall be submitted to the State Board for approval in July, at the beginning of each fiscal year.  If an administrative unit’s count is adjusted because children are determined to have been ineligible for the count by either the administrative unit or the Department of Education, the administrative unit will submit a check to the Department of Education for the per child amount for each ineligible child, and these funds will be returned to the General Fund.  

2220-R-9.00

OUT OF DISTRICT PLACEMENTS

9.01	DEFINITIONS

9.01	(1)	“APPLICABLE REVENUES” MEANS FUNDS PROVIDED FOR THE SPECIAL EDUCATION PROGRAM OF A CHILD WITH DISABILITIES AND SHALL INCLUDE:

9.01	(1)	(A)	THE PER PUPIL OPERATING REVENUE (PPOR) OR THE PER PUPIL REVENUE (PPR), WHICHEVER IS APPLICABLE, AS FOLLOWS:

9.01	(1)	(A)	(I)	THE STATE AVERAGE PPOR WHEN AN ADMINISTRATIVE UNIT OF RESIDENCE INITIATES A PLACEMENT OF A CHILD WITH A DISABILITY INTO AN ELIGIBLE FACILITY FOR ITS DAY TREATMENT OR RESIDENTIAL PROGRAM, AND THE ELIGIBLE FACILITY ALSO PROVIDES THE CHILD’S EDUCATIONAL PROGRAM;

9.01	(1)	(A)	(II)	THE PPOR OF THE DISTRICT OF RESIDENCE WHEN AN ADMINISTRATIVE UNIT OF RESIDENCE PLACES A CHILD WITH A DISABILITY INTO AN ELIGIBLE FACILITY FOR THE EDUCATIONAL PROGRAM ONLY;

9.01	(1)	(A)	(III)	THE PPR OF THE CHARTERING SCHOOL DISTRICT WHEN A CHILD WITH A DISABILITY ENROLLS IN AND ATTENDS A CHARTER SCHOOL PURSUANT TO ARTICLE 30.5 OF TITLE 22, C.R.S., NOT INCLUDING A CHARTER SCHOOL THAT PROVIDES AN ON-LINE PROGRAM PURSUANT TO SECTION 22-33-104.6, C.R.S.;

9.01	(1)	(A)	(IV)  	THE PPR OF THE ACCOUNTING DISTRICT, AS DEFINED UNDER SECTION 22-30.5-513 (1)(a), C.R.S., WHEN A  CHILD WITH A DISABILITY ENROLLS IN AND ATTENDS AN INSTITUTE CHARTER SCHOOL PURSUANT TO PART 5 OF ARTICLE 30.5 OF TITLE 22, C.R.S.

9.01	(1)	(A)	(IV)	
9.01	(1)	(A)	(V)	THE PPR OF THE DISTRICT OF ATTENDANCE WHEN A CHILD WITH A DISABILITY ENROLLS IN AND ATTENDS A SCHOOL IN AN ADMINISTRATIVE UNIT OTHER THAN THE CHILD’S ADMINISTRATIVE UNIT OF RESIDENCE PURSUANT TO SECTION 22-36-101, C.R.S., AND THE SCHOOL DOES NOT PROVIDE THE CHILD AN ON-LINE PROGRAM AND THE SCHOOL IS NOT A CHARTER SCHOOL;

9.01	(1)	(A)	(V)
9.01	(1)	(A)	(VI)	THE PPOR OF THE DISTRICT OF RESIDENCE WHEN AN ADMINISTRATIVE UNIT OF RESIDENCE PURCHASES SERVICES FROM ANOTHER ADMINISTRATIVE UNIT FOR A SPECIFIC SPECIAL EDUCATION PROGRAM NOT AVAILABLE IN THE ADMINISTRATIVE UNIT OF RESIDENCE; OR

9.01	(1)	(A)	(VI)
9.01	(1)	(A)	(VII)	THE STATE MINIMUM PPR WHEN A CHILD WITH A DISABILITY ENROLLS IN AND ATTENDS A PUBLIC ON-LINE PROGRAM PURSUANT TO SECTION 22-33-104.6, C.R.S., INCLUDING AN ON-LINE PROGRAM PROVIDED BY A CHARTER SCHOOL. 

9.01	(1)	(B)	FOR THREE- AND FOUR-YEAR OLD CHILDREN WITH DISABILITIES, AND FOR FIVE-YEAR OLD CHILDREN WITH DISABILITIES WHO ARE NOT ENROLLED IN KINDERGARTEN, 50 PERCENT PPOR SHALL BE CONSIDERED APPLICABLE REVENUE.

9.01	(1)	(C)	MONIES AVAILABLE FROM FEDERAL SOURCES.

9.01	(1)	(D)	MONIES RECEIVED UNDER ECEA.

9.01	(1)	(E)	MONIES RECEIVED FROM OTHER STATE AGENCIES TO COVER SPECIAL EDUCATION PROGRAM COSTS.

9.01	(1)	(F)	MONIES RECEIVED FROM OTHER ADMINISTRATIVE UNITS, FOR SPECIAL EDUCATION EXPENDITURES NOT INCLUDING TUITION.

9.01	(1)	(G)	MONIES RECEIVED THROUGH GRANTS AND DONATIONS AWARDED FOR THE PURPOSE OF SUPPORTING SPECIAL EDUCATION PROGRAMS AS DESCRIBED IN THE IEP OF CHILDREN WITH DISABILITIES.	

9.01	(2)	“CHARTER SCHOOL” MEANS A CHARTER SCHOOL AUTHORIZED UNDER ARTICLE 30.5 OF TITLE 22, C.R.S.  “DISTRICT CHARTER SCHOOL” MEANS A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5, C.R.S.  “INSTITUTE CHARTER SCHOOL” MEANS A CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5, C.R.S.

9.01	(3)	“ELIGIBLE FACILITY” MEANS A GROUP CARE FACILITY OR HOME, COMMUNITY-CENTERED BOARD, HOSPITAL, OR STATE-LICENSED DAY TREATMENT FACILITY THAT OFFERS A SCHOOL PROGRAM PROVIDING SPECIAL EDUCATION SERVICES TO CHILDREN WITH DISABILITIES THAT HAS BEEN APPROVED BY THE STATE BOARD OF EDUCATION. 

9.01	(4)	“ON-LINE PROGRAM” MEANS AN ALTERNATIVE ON-LINE EDUCATION PROGRAM AS DEFINED IN SECTION 22-33-104.6(2)(B), C.R.S.

9.01	(4)
9.01	(5) 	“PUBLIC AGENCY”, FOR PURPOSES OF THIS RULE 9.00, MEANS A PUBLIC AGENCY THAT IS NOT AN ADMINISTRATIVE UNIT AND IS LEGALLY AUTHORIZED TO PLACE A CHILD IN AN ELIGIBLE FACILITY OR ANOTHER OUT-OF-HOME PLACEMENT.

9.01	(5)
9.01	(6) 	“PUBLIC PLACEMENT” MEANS THE PLACEMENT OF A CHILD WITH A DISABILITY IN AN ELIGIBLE FACILITY OR ANOTHER OUT-OF-HOME PLACEMENT BY A COURT OR PUBLIC AGENCY.

9.01	(6)
9.01	(7) 	“SPECIAL EDUCATION EXPENDITURES” MEANS THE EXPENDITURES AS DEFINED IN SECTION 2.00 OF THESE RULES.

9.01	(7)
9.01	(8) 	“TUITION COSTS” SHALL MEAN THE AMOUNT OF EXPENDITURES FOR SPECIAL EDUCATION SERVICES OVER AND ABOVE APPLICABLE REVENUES, AS DEFINED IN SECTION 9.01(1) OF THESE RULES, FOR A CHILD WITH A DISABILITY WHO RECEIVES HIS OR HER SPECIAL EDUCATION SERVICES IN AN ELIGIBLE FACILITY, CHARTER SCHOOL, PUBLIC SCHOOL OF CHOICE PURSUANT TO SECTION 22-36-101, C.R.S., OR A PUBLIC ON-LINE PROGRAM PURSUANT TO SECTION 22-33-104.6, C.R.S.

2.03(2)	Tuition costs.

Tuition costs for a child with a disability who receives his or her special education services in a community centered board, eligible facility, public school of choice pursuant to Section 22-36-101, C.R.S., charter school pursuant to Section 22-30.5-101, C.R.S., or a public on-line program pursuant to Section 22-33-104.6, c.r.s., shall mean the amount of expenditures for special education services over and above applicable revenues as defined in Section 2.03(3) of these Rules.

9.02	OUT OF HOME PLACEMENT
	
9.02	(1)	IF IT BECOMES NECESSARY FOR A COURT OR A PUBLIC AGENCY TO PLACE A CHILD IN A PUBLIC PLACEMENT (E.G., PLACEMENTS IN ELIGIBLE FACILITIES AND FOSTER CARE HOMES):

9.02	(1)	(A)	NON-EMERGENCY PLACEMENT:  PRIOR TO THE PUBLIC PLACEMENT, THE COURT OR PUBLIC AGENCY SHALL WORK COOPERATIVELY WITH THE CHILD’S THEN CURRENT ADMINISTRATIVE UNIT OF RESIDENCE AND THE ADMINISTRATIVE UNIT IN WHICH THE PLACEMENT IS TO BE MADE TO ENSURE THAT APPROPRIATE SPECIAL EDUCATION SERVICES ARE AVAILABLE FOR THE CHILD.  THE RECEIVING AGENCY, INSTITUTION, ADMINISTRATIVE UNIT, STATE-OPERATED PROGRAM, OR ELIGIBLE FACILITY PROVIDING THE SERVICES SHALL COOPERATE IN THE DEVELOPMENT OF THE IEP.  

9.02	(1)	(B)	EMERGENCY PLACEMENT:  IF AN EMERGENCY PLACEMENT FOR THE SAFETY OF THE CHILD IS REQUIRED, THE PLACING COURT OR PLACING PUBLIC AGENCY MAY MAKE THE EMERGENCY PLACEMENT WITHOUT FIRST COOPERATING WITH THE CHILD’S THEN CURRENT ADMINISTRATIVE UNIT OF RESIDENCE OR THE ADMINISTRATIVE UNIT IN WHICH THE PLACEMENT IS TO BE MADE. 

9.02	(2)	IN NO EVENT SHALL A CHILD BE PLACED IN AN ELIGIBLE FACILITY OR AN ADMINISTRATIVE UNIT THAT IS UNABLE TO ENSURE THE PROVISION OF SPECIAL EDUCATION SERVICES THAT ARE APPROPRIATE FOR THE CHILD.

9.03	RESPONSIBILITY FOR TUITION COSTS

9.03	(1)	CRITERIA FOR SCHOOL CHOICE PLACEMENTS

TUITION SHALL BE OWED TO THE CHARTER SCHOOL, DISTRICT OF ATTENDANCE, OR ON-LINE PROGRAM FOR A CHILD WHO HAS A DISABILITY IDENTIFIED UNDER 9.03(1)(A) AND MEETS ONE OF THE FACTORS SET FORTH IN 9.03(1)(B):

9.03	(1)	(A)	ELIGIBLE DISABILITIES

THE CHILD HAS BEEN IDENTIFIED AS HAVING ONE OR MORE OF THE FOLLOWING DISABILITIES, AS DEFINED BY SECTION 2.00 OF THESE RULES: 

9.03	(1)	(A)	(I)	A VISION DISABILITY;

9.03	(1)	(A)	(II)	A HEARING DISABILITY;

9.03	(1)	(A)	(III)	A CONCOMITANT HEARING AND VISUAL IMPAIRMENT, THE COMBINATION OF WHICH CAUSES SEVERE COMMUNICATION AND OTHER DEVELOPMENTAL AND EDUCATIONAL NEEDS TO THE EXTENT THAT THE CHILD CANNOT BE ACCOMMODATED IN A SPECIAL EDUCATION PROGRAM SOLELY FOR CHILDREN WITH DEAFNESS OR CHILDREN WITH BLINDNESS;

9.03	(1)	(A)	(IV)	A SIGNIFICANT IDENTIFIABLE EMOTIONAL DISABILITY;

9.03	(1)	(A)	(V)	AUTISM;

9.03	(1)	(A)	(VI)	A TRAUMATIC BRAIN INJURY;

9.03	(1)	(A)	(VII)	MULTIPLE DISABILITIES; OR

9.03	(1)	(A)	(VIII)	SIGNIFICANT LIMITED INTELLECTUAL CAPACITY.

9.03	(1)	(B)	INDICATORS OF INTENSITY AND DURATION OF SERVICES

9.03	(1)	(B)	(I)	FOR SCHOOLS OR PROGRAMS SERVING A BROAD RANGE OF CHILDREN WITH AND WITHOUT DISABILITIES, TUITION SHALL ONLY BE OWED ONLY FOR THOSE CHILDREN WITH DISABILITIES IDENTIFIED IN SECTION 9.03(1)(A) WHOSE PROGRAM INTENSITY AND DURATION OF SERVICES DIFFER SIGNIFICANTLY FROM THE INTENSITY AND DURATION OF SERVICES PROVIDED BY THE SCHOOL OR PROGRAM TO CHILDREN WITH DISABILITIES NOT INCLUDED IN SECTION 9.03(1)(A).

9.03	(1)	(B)	(II)	FOR SCHOOLS OR PROGRAMS DESIGNED PRIMARILY TO SERVE CHILDREN WITH DISABILITIES WHICH PROVIDE AN INTENSITY AND DURATION OF SERVICES THAT DIFFERS  DIFFER SIGNIFICANTLY FROM OTHER PROGRAMS IN THE ADMINISTRATIVE UNIT OF ATTENDANCE LISTED IN SECTION 9.03(1)(A), TUITION SHALL BE OWED FOR ALL STUDENTS LISTED IN SECTION 9.03(1)(A).

9.03	(2)	TYPE OF TUITION PLACEMENTS

2.03(2)(a)	
9.03	(2)	(A)	PLACEMENT IN ELIGIBLE FACILITIES

9.03	(2)	(A)	(I)	When a child with a disability is placed, by a public agency, into a group home, community centered board, or AN eligible facility, the district of residence is responsible for paying the educational costs over and above applicable revenues, also known as tuition costs.  The district of residence shall count the child as a child in a group home, community centered board, or AN eligible facility on the October 1 Count, and the administrative unit of residence shall count the child for the December 1 Special Education Count.  The tuition costs shall be determined by the Department of Education for each community centered board and eligible facility in accordance with Section 7.03 9.06(1) of these Rules.  Such tuition costs shall be the maximum amount the district of residence shall be obligated to pay for the special education program.  The district of residence may pay a higher tuition cost than the cost established and approved by the Department of Education for children in need of specialized services, if these services were included in a child’s IEP but were not included in the approved tuition cost.  The district of residence is not responsible for paying tuition costs for extended school year services for a child unless the child’s IEP specifies the need for extended school year services.  The Department of Education does not set the amount of tuition costs the administrative unit of attendance may charge the district of residence for children in group homes served by the administrative unit of attendance.  When a child with a disability is placed without the written approval of the administrative unit of residence, any tuition costs shall be the financial responsibility of the court, parent, guardian, or agency making such placement.  If the administrative unit of residence does not provide written notice of disapproval within fifteen days of notification, the placement shall be deemed appropriate.  

9.03	(2)	(A)	(II)	ANY COURT OF RECORD, THE DEPARTMENT OF HUMAN SERVICES, OR ANY OTHER PUBLIC AGENCY AUTHORIZED BY LAW TO PLACE A CHILD WITH A DISABILITY IN AN ELIGIBLE FACILITY SHALL NOTIFY IN WRITING THE CHILD’S ADMINISTRATIVE UNIT OF RESIDENCE, THE ADMINISTRATIVE UNIT IN WHICH THE ELIGIBLE FACILITY IS LOCATED AND THE DEPARTMENT OF THE PLACEMENT WITHIN FIFTEEN CALENDAR DAYS AFTER THE PLACEMENT.  IF A COURT OR PUBLIC AGENCY MAKES A PUBLIC PLACEMENT BUT FAILS TO PROVIDE THE REQUIRED WRITTEN NOTICE, SUCH COURT OR PUBLIC AGENCY SHALL BE RESPONSIBLE FOR THE TUITION COSTS FOR THE CHILD UNTIL SUCH TIME AS THE REQUIRED NOTIFICATION IS MADE.  IF THE CHILD’S ADMINISTRATIVE UNIT OF RESIDENCE DOES NOT PROVIDE WRITTEN NOTICE OF DISAPPROVAL OF THE CHILD’S PLACEMENT IN AN ELIGIBLE FACILITY BY A COURT OR PUBLIC AGENCY WITHIN FIFTEEN CALENDAR DAYS AFTER THE REQUIRED NOTIFICATION, THE PLACEMENT SHALL BE DEEMED APPROPRIATE.  A decision to disapprove a placement must be based solely on the unavailability of appropriate educational services.  If the placement is disapproved, the administrative unit of residence must assure that the child receives a free appropriate public education until an appropriate placement can be determined in accordance with Sections 5.04(1) and (2) of these Rules.

2.03(2)(a)(i)	
9.03	(2)	(A)	(II)	(A)	If an administrative unit of residence initiates a placement of a child with a disability into a community centered board or AN eligible facility for its day treatment or residential program, and the community centered board or eligible facility also provides the child’s educational program, the district of residence shall count the child as a child in a community centered board or AN eligible facility on the October 1 Count, and the administrative unit of residence shall count the child on its December 1 Special Education Count.  The community centered board or eligible facility shall bill the department for the state average per pupil operating revenue, and the administrative unit of residence shall pay the community centered board or eligible facility all remaining day treatment or residential costs, as well as any additional educational costs agreed to by the parties.

2.03(2)(a)(ii)	
9.03	(2)	(A)	(II)	(B)	If an administrative unit of residence places a child with a disability into a community centered board or AN eligible facility for the educational program only, the district of residence must count the child on the October 1 Count as being in a private school placement, and the administrative unit of residence shall count the child on its December 1 Special Education Count as being in a private school placement.  The community centered board or eligible facility shall not bill the Department for the state average PPOR for the child.  Instead the community centered board or eligible facility shall bill the administrative unit of residence for the total cost of the child’s educational program, as agreed to by the community centered board or eligible facility and the administrative unit of residence.

2.03(2)(b)	
9.03	(2)	(B)	PLACEMENT IN CHARTER SCHOOLS

When a child with a disability enrolls in and attends a charter school pursuant to 22-30.5-101 ARTICLE 30.5 OF TITLE 22, C.R.S., including a charter school that provides an on-line program pursuant to Section 22-33-104.6, C.R.S., the district of residence shall be responsible for paying to the charter school or the chartering district AUTHORITY, whichever is providing the special education services, the tuition costs incurred in educating the child. The chartering school district AUTHORITY shall count the child for the october 1 count, and the administrative unit of attendance shall count the child for the december 1 Special Education Count.  The amount of the tuition costs shall be determined pursuant to Section 7.03 9.06(2) of these Rules.  A written approval for the placement is not required from the administrative unit of residence nor OR from the district of residence.  Nothing in this subsection shall be construed to apply to the charter contract entered into between a charter school and its chartering school district AUTHORITY OR TO ALLOW A CHARTER SCHOOL TO SEEK TUITION COSTS FROM ITS CHARTERING AUTHORITY.  The tuition responsibility shall be reflected in a contract among the charter school, the administrative unit of residence and the district of residence, if it is not an administrative unit, in a form approved by the chartering school district AUTHORITY, and consistent with Section 4.07(1) 9.05(1) of these Rules.  Under the circumstances described in this subsection, the provisions of Section 22-20-108(8), C.R.S. shall not apply.

9.03	(2)	(B)	(I)	TUITION SHALL BE OWED TO THE CHARTER SCHOOL FOR THOSE CHILDREN BASED ON THE CRITERIA SET FORTH IN SECTION 9.03(1) OF THESE RULES.

2.03(2)(b)(i)	
9.03	(2)	(B)	(II)	the provisions in Section 2.03(2)(b) 9.03(2)(B) also apply when:

2.03(2)(b)(i)(a)
9.03	(2)	(B)	(II)	(A)	a child is already enrolled in the charter school and is subsequently identified as a child with a disability in connection with the child find process; or

2.03(2)(b)(i)(B) 	
9.03	(2)	(B)	(II)	(B)	A charter school, which has not been billing for tuition costs for an enrolled child with a disability, decides to initiate a tuition contract.

2.03(2)(b)(ii)	
9.03	(2)	(B)	(III)	the provisions in Section 2.03(2)(b) 9.03(2)(B) apply only if the charter school complies with the rules herein governing tuition costs.  likewise, if the charter school does not intend to seek tuition costs, the charter school is not required to comply with Sections 2.03(2)(b) 9.03(2)(B), 4.07(1) 9.05(1), 7.03(2) 9.06(2) and 7.08(2) 9.07(2) of the rules.  section 4.06(2) 9.04(2) of these rules applies regardless of whether the charter school intends to bill the district of residence for tuition costs.  this subsection in no way relieves the charter school or the administrative unit of attendance, depending on the charter contract, from the obligation to provide a free appropriate public education to the children with disabilities attending the charter school.

2.03(2)(b)(iii) 	Tuition shall be owed to the charter school for only those children with disabilities receiving special education and related services for greater than sixty percent of their educational time, as specified by their IEPs.  

2.03(2)(c)	
9.03	(2)	(C)	PLACEMENT IN TRADITIONAL SCHOOLS OF CHOICE

When a child with a disability enrolls in and attends a school in an administrative unit other than the child’s administrative unit of residence pursuant to the provisions of Section 22-36-101, C.R.S., and the school does not provide the child an on-line program pursuant to Section 22-33-104.6, C.R.S., and the school is not a charter school pursuant to section 22-30.5-104 ARTICLE 30.5 OF TITLE 22, c.r.S., the district of residence shall be responsible for paying the tuition costs for educating the child to the district of attendance.   The district where the child attends shall count the child for the october 1 count, and the administrative unit of attendance shall count the child for the december 1 special education count.   The administrative unit of attendance, the district of attendance, if it is not an administrative unit, the administrative unit of residence, and the district of residence, if it is not an administrative unit, must negotiate a contract which does not need to be approved by the Department of Education.  No written approval for the placement is required from the administrative unit of residence and/or the district of residence.  The administrative unit of attendance shall provide notice in accordance with Section 4.06(1) 9.04(1) of these Rules.  Tuition shall be owed to the district of attendance for only those children with disabilities receiving special education and related services for greater than 60 percent of their educational time, as specified by their ieps.  Under the circumstances described in this subsection, the provisions of Section 22-20-108(8), C.R.S. shall not apply.

9.03	(2)	(C)	(I)	TUITION SHALL BE OWED TO THE DISTRICT OF ATTENDANCE FOR THOSE CHILDREN BASED ON THE CRITERIA SET FORTH IN SECTION 9.03(1) OF THESE RULES.

2.03(2)(c)(i)	
9.03	(2)	(C)	(II)	the provisions in Section 2.03(2)(c) 9.03(2)(C) of these Rules also apply when:

2.03(2)(c)(i)(A)	
9.03	(2)	(C)	(II)	(A)	a child is already enrolled in the district of attendance under public schools of choice and is subsequently identified as a child with a disability in connection with the child find process; or

2.03(2)(c)(i)(B)	
9.03	(2)	(C)	(II)	(B)	a district of attendance, which has not been billing for tuition costs for an enrolled child with a disability, decides to initiate a tuition contract.

2.03(2)(c)(ii)	
9.03	(2)	(C)	(III)	the provisions in Section 2.03(2)(c) 9.03(2)(C) of these Rules apply only if the district of attendance complies with the rules herein governing tuition costs.  likewise, if the district of attendance does not intend to seek tuition costs, neither it nor the administrative unit of attendance is required to comply with Sections 2.03(2)(c) 9.03(2)(C),  7.03(3) 9.06(3) and 7.08(1) 9.07(1) of these rules.  Section 4.06(1) 9.04(1) of these Rules applies regardless of whether the district of attendance intends to bill for tuition costs.  this subsection in no way relieves the administrative unit of attendance from the obligation to provide a free appropriate public education to the children with disabilities attending school in the administrative unit under public schools of choice.

2.03(2)(d)	An administrative unit may purchase services from one or more administrative units where an appropriate special education program exists.  The district of residence shall count the child for the October 1 Count, and the administrative unit of residence shall count the child for the December 1 Special Education Count.  The two administrative units must negotiate a contract, including the cost of the program, which does not need to be approved by the Department of Education.

2.03(2)(e)	
9.03	(2)	(D)	pLACEMENT IN ON-LINE PROGRAMS

			When a child with a disability enrolls in and attends a public on-line program pursuant to Section 22-33-104.6, C.R.S., that is not provided by a charter school, the district of residence shall be responsible for paying to the provider of the on-line program the tuition costs incurred in educating the child.  The district where the child attends school shall count the child for the october 1 count, and the administrative unit of attendance shall count the child for the december 1 special education count.  The tuition responsibility shall be reflected in a contract among the administrative unit of attendance, the district of attendance, if it is not an administrative unit, the administrative unit of residence and the district of residence, if it is not an administrative unit, in accordance with Section 4.06(3) 9.04(3) of these Rules, and in a form approved by the department of Education.  A written approval for the placement is not required from the administrative unit of residence nor OR from the district of residence.  The on-line provider shall provide notice in accordance with these Rules when a child with a disability applies to enroll in the on-line program.  The amount of the tuition costs shall be determined pursuant to Section 7.03(4) 9.06(4) of these Rules.  Under the circumstances described in this subsection, the provisions of Section 22-20-108(8), C.R.S. shall not apply.

9.03	(2)	(D)	(I)	TUITION SHALL BE OWED TO THE ON-LINE PROGRAM FOR THOSE CHILDREN BASED ON THE CRITERIA SET FORTH IN SECTION 9.03(1) OF THESE RULES.

2.03(2)(e)(i)
9.03	(2)	(D)	(II)	the provisions in Section 2.03(e) 9.03(2)(D) of these Rules also apply when:

2.03(2)(e)(i)(A)
9.03	(2)	(D)	(II)	(A)	a child is already enrolled in the on-line program and is subsequently identified as a child with a disability in connection with the child find process; or

2.03(2)(e)(i)(B)
9.03	(2)	(D)	(II)	(B)	An on-line program, which has not been billing for tuition costs for a child with a disability enrolled in its program, decides to initiate a tuition contract.

2.03(2)(e)(ii)
9.03	(2)	(D)	(III)	the provisions in Section 2.03(e) 9.03(2)(D) of these rules apply only if the on-line program complies with the Rules herein governing tuition costs.  likewise, if the on-line program does not intend to seek tuition costs, Sections 2.03(2)(e) 9.03(2)(D), 4.07(2) 9.05(2), 7.03(4) 9.06(4) and 7.08(3) 9.07(3) of these Rules do not apply.  Section 4.06(3) 9.04(3) of these Rules applies regardless of whether the on-line program intends to bill for tuition costs.  this subsection in no way relieves the administrative unit of attendance for the on-line program from the obligation to provide a free appropriate public education to the children with disabilities attending the on-line program.

2.03(2)(e)(iii)	Tuition shall be owed to the provider of the on-line program for only those children with disabilities receiving special education and related services for greater than sixty percent of their educational time, as specified by their IEPs. 

2.03(2)(e)(iv)
9.03	(2)	(D)	(IV)	the provisions in Section 2.03(2)(e) 9.03(2)(D), 4.06(3) 9.04(3), 4.07(2) 9.05(2), 7.03(4) 9.06(4) and 7.08(3) 9.07(3) of these rules do not apply to any on-line program that is providing services that are supplemental to the curriculum of a school district.

9.03	(2)	(E)	PLACEMENT BY ADMINISTRATIVE UNITS

AN ADMINISTRATIVE UNIT MAY PURCHASE SERVICES FROM ONE OR MORE ADMINISTRATIVE UNITS WHERE AN APPROPRIATE SPECIAL EDUCATION PROGRAM EXISTS.  THE DISTRICT OF RESIDENCE SHALL COUNT THE CHILD FOR THE OCTOBER 1 COUNT, AND THE ADMINISTRATIVE UNIT OF RESIDENCE SHALL COUNT THE CHILD FOR THE DECEMBER 1 SPECIAL EDUCATION COUNT.  THE TWO ADMINISTRATIVE UNITS MUST NEGOTIATE A CONTRACT, INCLUDING THE COST OF THE PROGRAM, WHICH DOES NOT NEED TO BE APPROVED BY THE DEPARTMENT OF EDUCATION.

4.06	procedures for notification of out-of-district enrollment under public schools of choice, charter schools, and on-line programs

9.04	SCHOOLS OF CHOICE NOTIFICATION REQUIREMENTS

4.06(1)
9.04	(1)	notice - public Sschools Oof Cchoice Tthat Aare Nnot Ccharter Sschools Oor Oon-line Pprograms 

4.06(1)(a)	Notice
The district of attendance shall provide written notice to the district of residence when a child applies to enroll or is enrolled in one of its schools and the principal of the school knows that the child is a child with a disability.  The specific requirements for the written notice are set forth below:

4.06(1)(a)(i)
9.04	(1)	(A)	applies to Eenroll

“applies to enroll” means that the district of attendance has offered a space to the child and the parent(s) has accepted the offer.

4.06(1)(a)(ii)
9.04	(1)	(B)	Content of Nnotice

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

4.06(1)(a)(iii)
9.04	(1)	(C)	Manner 

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

4.06(1)(a)(iv)
9.04	(1)	(D)	Timing

The notice shall be sent within 15 calendar days after the occurrence of the following two events:
	
4.06(1)(a)(iv)(A)
9.04	(1)	(D)	(I)	the child has applied to enroll, as that term is defined in this section, or is enrolled in the district of attendance; and

4.06(1)(a)(iv)(B)
9.04	(1)	(D)	(II)	upon exercising timely and due diligence, the school principal knows that the child is a child with a disability.  

4.06(1)(a)(v)
9.04	(1)	(E)	Change in Ddistrict of Rresidence

If there is a change in the child’s district of residence, the same notification and timelines set forth in this Subsection 4.06(1) SECTION 9.04(1) must be followed.  In addition, the district of attendance must notify the special education director of the former administrative unit of residence, the superintendent of the former district of residence, if it is not an administrative unit, and the special education director of the administrative unit of attendance that the child has moved and the date that the move occurred, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency.
		
4.06(2)	
9.04	(2)	NOTICE - Charter Schools

4.06(2)(a) 	Notice
The charter school shall provide written notice to the district of residence when a child applies to enroll or is enrolled in the charter school and the charter school’s administrator knows that the child is a child with a disability.  The specific requirements for the written notice are set forth below:

4.06(2)(a)(i)
9.04	(2)	(A)	Applies to Eenroll	

“Applies to enroll” shall mean that the charter school has offered a space to the child and the parent(s) has accepted the offer. 

4.06(2)(a)(ii)	
9.04	(2)	(B)	Content of Nnotice

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

4.06(2)(a)(iii)	
9.04	(2)	(C)	Manner
 
The notice shall be in writing, shall be signed by the charter school administrator and shall be sent to the superintendent of the district of residence, if the district of residence is not an administrative unit, and to the directors of special education for both the administrative units of residence and attendance. the manner in which the written notice is provided must maintain the confidentiality of the child’s personal information in accordance with the policy of the administrative unit of attendance.

4.06(2)(a)(iv)	
9.04	(2)	(D)	Timing

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

4.06(2)(a)(iv)(A)
9.04	(2)	(D)	(I)	the child has applied to enroll, as defined in this section, or is enrolled in the charter school; and

4.06(2)(a)(iv)(B)
9.04	(2)	(D)	(II)	upon exercising timely and due diligence, the charter school administrator knows that the child is a child with a disability. 

4.06(2)(a)(v)
9.04	(2)	(E)	Change in Ddistrict of Rresidence 

If there is a change in the child’s district of residence, the same notification and timelines set forth in this Subsection 4.06(2) SECTION 9.04(2) must be followed.  In addition, the charter school must notify the special education director of the former administrative unit of residence, the superintendent of the former district of residence, if it is not an administrative unit,  and the special education director for the administrative unit of attendance that the child has moved and the date that the move occurred, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency.

4.06(3)
9.04	(3)	NOTICE - Public On-line Programs Uunder section 22-33-104.6, C.R.S.

4.06(3)(a)	Notice
The on-line program shall provide written notice to the district of residence when a child applies to enroll or is enrolled in the on-line program and the on-line program’s director knows that the child is a child with a disability.  The specific requirements for the written notice are set forth below:

4.06(3)(a)(i)
9.04	(3)	(A)	Applies to Eenroll

“Applies to enroll” shall mean that the on-line program has offered a space to the child and the parent(s) has accepted the offer. 

4.06(3)(a)(ii)
9.04	(3)	(B)	Content of Nnotice

The written notice by the on-line program director shall identify the child by name; date of birth; state assigned student identifier (sasid), if available; the date of the enrollment application; the anticipated date of admission; and that the child has been identified as a child with a disability.

4.06(3)(a)(iii)
9.04	(3)	(C)	Manner 

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

4.06(3)(a)(iv)
9.04	(3)	(D)	Timing

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

4.06(3)(a)(iv)(A)
9.04	(3)	(D)	(I)	the child has applied to enroll or is enrolled in the on-line program, as defined in this section; and

4.06(3)(a)(iv)(B)
9.04	(3)	(D)	(II)	upon exercising timely and due diligence, the on-line program director knows that the child is a child with a disability. 

4.06(3)(a)(v)
9.04	(3)	(E)	Change in Ddistrict of Rresidence

If there is a change in the child’s district of residence the same notification and timelines set forth in this Subsection 4.06(3) SECTION 9.04(3) must be followed.  In addition, the on-line program must notify the special education director of the former administrative unit of residence, the superintendent of the former district of residence, if it is not an administrative unit, and the special education director for the administrative unit of attendance that the child has moved and the date that the move occurred, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency.

4.07	Contract for Tuition Responsibility  

9.05	CONTRACT FOR TUITION RESPONSIBILITY

4.07(1)
9.05	(1)	Charter School 

4.07(1)(a)
9.05	(1)	(A)	Contract Elements
 
The charter school, the administrative unit of residence and the district of residence, if it is not an administrative unit, shall establish the tuition responsibility of the district of residence for each child with a disability through a written contract in a form approved by the chartering district AUTHORITY.  the provisions of this section apply only if the charter school intends to seek tuition costs.  likewise, if the charter school does not intend to seek tuition costs, the charter school is not required to comply with this section.  The written contract must contain, at a minimum, the following elements:

4.07(1)(a)(i)
9.05	(1)	(A)	(I)	Tthe name of the district of residence;

4.07(1)(a)(ii)
9.05	(1)	(A)	(II)	Tthe name of the administrative unit of residence, if different from the district of residence;

4.07(1)(a)(iii)
9.05	(1)	(A)	(III)	Tthe name of the charter school; 

4.07(1)(a)(iv)
9.05	(1)	(A)	(IV)	Tthe name of the chartering school district AUTHORITY;

4.07(1)(a)(v)
9.05	(1)	(A)	(V)	Tthe name of the administrative unit of attendance, if different from the chartering district AUTHORITY;

4.07(1)(a)(vi)
9.05	(1)	(A)	(VI)	Tthe name of the child;

4.07(1)(a)(vii)
9.05	(1)	(A)	(VII)	Tthe child’s date of birth;

4.07(1)(a)(viii)
9.05	(1)	(A)	(VIII)	Tthe child’s address;

4.07(1)(a)(ix)
9.05	(1)	(A)	(IX)	Tthe child’s primary disability; 

4.07(1)(a)(x)
9.05	(1)	(A)	(X)	Wwhether the child will be attending full-time or part-time;

4.07(1)(a)(xi)
9.05	(1)	(A)	(XI)	Tthe charter school’s tuition cost rate as approved by the state board, or, if the tuition cost rate has not been approved as of the date that the contract has been signed, a statement that the state board approved rate will be charged;

4.07(1)(a)(xii)
9.05	(1)	(A)	(XII)	Tthe number of school days (student contact days) covered by the contract; 

4.07(1)(a)(xiii)
9.05	(1)	(A)	(XIII)	Tthe schedule for billing and payment, which should be on a monthly basis;

4.07(1)(a)(xiv)
9.05	(1)	(A)	(XIV)	Aa statement that the charter school will notify the directors of special education for the administrative units of residence and attendance, as well as the superintendent of the district of residence, if the district is not an administrative unit, within 15 calendar days of the date of the child’s withdrawal from the charter school or when the child is otherwise no longer attending the charter school.  if the charter school is an on-line program, this section shall not apply.  instead, Section 4.07(2)(a)(xiii) 9.05(2)(A)(XIII) shall apply.	

4.07(1)(a)(xv)
9.05	(1)	(A)	(XV)	Aa statement that the charter school will not bill the district of residence for more than 5 consecutive days of unexcused absences or for more than 10 cumulative days of  unexcused absences during the school year;

4.07(1)(a)(xvi)
9.05	(1)	(A)	(XVI)	Aa statement that the charter school or the administrative unit of attendance, whichever is responsible according to the charter contract, will timely notify the director of special education for the administrative unit residence when the child’s IEP team is being convened to review the child’s IEP or to consider a change in placement for the child.  The meeting notification shall be provided at the same time that notice is sent to the parent(s);

4.07(1)(a)(xvii)
9.05	(1)	(A)	(XVII)	Aa statement that the tuition cost responsibility commences on the date that services under an existing iep commence, unless the child’s IEP team determines that the charter school is not an appropriate placement for the child or that the child is no longer a child with a disability as defined by these rules.  Nothing herein shall be construed to modify current educational placement requirements under section 6.03(14) of these rules; and

4.07(1)(a)(xviii)
9.05	(1)	(A)	(XVIII)	Ssignature lines for the individuals who are legally authorized to sign the contract on behalf of the charter school, the administrative unit of residence, and the district of residence if it is not an administrative unit.

4.07(1)(b)
9.05	(1)	(B)	Additional Ccontract Eelements for Cchildren Eenrolled in Ccharter Sschool Oon-line Pprograms 

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

4.07(1)(b)(i)
9.05	(1)	(B)	(I)	A statement that the child’s IEP specifies speech/language instruction and/or related services and a description of the nature and duration of such services;

4.07(1)(b)(ii)
9.05	(1)	(B)	(II)	A statement identifying which entity (i.e., the charter school, the chartering school district AUTHORITY, the administrative unit of attendance, if different from the chartering school district AUTHORITY, the administrative unit of residence or a third party) will deliver such services;

4.07(1)(b)(iii)
9.05	(1)	(B)	(III)	If the parties agree that the administrative unit of residence will deliver the speech-language instruction and/or related services, a statement describing the responsibilities of the parties if it is determined that the administrative unit of residence is failing or has failed to provide appropriate services as specified by the child’s IEP;

4.07(1)(b)(iv)
9.05	(1)	(B)	(IV)	If the parties agree that the administrative unit of attendance will deliver the speech-language instruction and/or related services, a statement describing the responsibilities of the parties if it is determined that the administrative unit of attendance is failing or has failed to provide appropriate services as specified by the child’s IEP. IEP;
	 
4.07(1)(b)(v)
9.05	(1)	(B)	(V)	A statement describing whether the costs of providing the speech-language instruction and/or related services will be an add-on to the tuition cost rate approved by the State Board that will be billed and an identification of what those costs will be.  BE;

4.07(1)(b)(vi)
9.05	(1)	(B)	(VI)	If the speech-language instruction and/or a related service are to be provided by the charter school or a third party contractor with the charter school that is not the administrative unit of residence, the contract shall contain a statement that the district of residence will be responsible for only the cost of providing the service in the amount of time specified on the child’s IEP.   If such services are to be provided by the charter school or a third party contractor of the charter school, the contract shall contain a statement describing the responsibilities of the parties if it is determined that the charter school or its third party contractor is failing or has failed to provide appropriate services as specified by the child’s IEP.  IEP; AND

4.07(1)(b)(vii)
9.05	(1)	(B)	(VII)	If speech-language instruction and/or related services associated with child find are being claimed, then such services must be included in the charter school’s tuition cost rate.

4.07(1)(c)
9.05	(1)	(C)	Change in Ddistrict of Rresidence

if there is a change in the child’s district of residence the charter school must notify the new district of residence in accordance with Section 4.06(2) 9.04(2) of these Rules.  The charter school must also enter into a tuition contract with the new district of residence in accordance with section 4.07(1) 9.05(1) of these rules, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency.

4.07(1)(d)
9.05	(1)	(D)	EXTENDED SCHOOL YEAR SERVICES
	
if the child’s iep specifies that the child is to receive extended school year services, a separate contract for those services must be entered into between the charter school, the administrative unit of residence, and the district of residence, if it is not an administrative unit.

4.07(1)(e)
9.05	(1)	(E)	contract Ttimelines

4.07(1)(e)(i)
9.05	(1)	(E)	(I)	The charter school shall send the proposed tuition contract to the special education director of the administrative unit of residence, and to the district to residence, if it is not an administrative unit, within 15 calendar days following the date it is determined that the charter school is an appropriate placement for the child.  

4.07(1)(e)(ii)
9.05	(1)	(E)	(II)	The district of residence shall provide written acknowledgement of the receipt of the proposed tuition contract within 15 calendar days of its receipt of the contract.  The district of residence shall have 30 additional calendar days to negotiate, execute and return the contract.  In the event that the contract is not executed and returned within 45 calendar days of the district of residence’s receipt of the proposed contract, the tuition responsibility shall be as stated in Section 22-20-109(5), C.R.S., even though a contract has not been executed.

4.07(2)
9.05	(2)	On-line Programs (Eexcluding Ccharter Sschool Oon-line Pprograms)

4.07(2)(a)
9.05	(2)	(A)	Contract elements 

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

4.07(2)(a)(i)
9.05	(2)	(A)	(I)	Tthe name of the district of residence;

4.07(2)(a)(ii)
9.05	(2)	(A)	(II)	Tthe name of the administrative unit of residence, if different from the district of residence;

4.07(2)(a)(iii)
9.05	(2)	(A)	(III)	Tthe name of the on-line program;  

4.07(2)(a)(iv)
9.05	(2)	(A)	(IV)	Tthe name of the sponsoring district(s) and/or the board of cooperative services;

4.07(2)(a)(v)
9.05	(2)	(A)	(V)	Tthe name of the child;

4.07(2)(a)(vi)
9.05	(2)	(A)	(VI)	Tthe child’s date of birth;

4.07(2)(a)(vii)
9.05	(2)	(A)	(VII)	Tthe child’s address;

4.07(2)(a)(viii)
9.05	(2)	(A)	(VIII)	Tthe child’s primary disability; 

4.07(2)(a)(ix)
9.05	(2)	(A)	(IX)	Wwhether the child will be attending full-time or part-time;

4.07(2)(a)(x)
9.05	(2)	(A)	(X)	Tthe on-line program’s tuition cost rate as approved by the state board or, if the tuition cost rate has not been approved as of the date that the contract has been signed, a statement that the State Board approved rate will be charged;

4.07(2)(a)(xi)
9.05	(2)	(A)	(XI)	Tthe number of school days (student contact days) covered by the contract;

4.07(2)(a)(xii)
9.05	(2)	(A)	(XII)	Tthe schedule for billing and payment, which should be on a monthly basis;

4.07(2)(a)(xiii)
9.05	(2)	(A)	(XIII)	Aa statement that when a child with a disability withdraws from the on-line program, or is otherwise not attending the on-line program, the on-line program shall provide notice to the special education directors of the administrative units of residence and attendance, and to the superintendent of the district of residence if the district is not an administrative unit.  THIS CONTRACT ELEMENT SHALL NOT BE INTERPRETED TO RELIEVE THE ON-LINE PROGRAM OF ITS OBLIGATIONS REGARDING TRUANCY PURSUANT TO SECTION 22-33-107, C.R.S.  notice pursuant to this rule for unexcused nonattendance shall be provided upon the earliest occurrence of the following: 

4.07(2)(a)(xiii)(A)
9.05	(2)	(A)	(XIII)	(A)	Tthe child is absent for 10 consecutive school days from the on-line program’s regular education program; or

4.07(2)(a)(xiii)(B)
9.05	(2)	(A)	(XIII)	(B)	Tthe child is absent for 3 consecutive sessions of scheduled direct special education services, or the parent is absent for 3 consecutive sessions  of consultative special education services; or 

4.07(2)(a)(xiii)(C)
9.05	(2)	(A)	(XIII)	(C)	Tthe child is absent for scheduled direct special education services during 10 cumulative school days or the parent is absent for consultative special education services for 10 cumulative school days.

This contract element shall not be interpreted to relieve the on-line program of its obligations regarding truancy pursuant to Section 22-33-107, C.R.S.

4.07(2)(a)(xiv)
9.05	(2)	(A)	(XIV)	Aa statement that the on-line program will not bill the district of residence for unexcused absences in excess of the earliest occurrence of the circumstances defined above in Section 4.07(2)(a)(xiii). 9.05(2)(A)(XIII);

4.07(2)(a)(xv)
9.05	(2)	(A)	(XV)	Aa statement that the on-line program  will timely notify the special education director of the administrative unit of residence when the child’s IEP team is being convened to review the child’s IEP or to consider a change in placement for the child.  The meeting notification shall be provided at the same time that notice is sent to the parent(s); and   

4.07(2)(a)(xvi)
9.05	(2)	(A)	(XVI)	Aa statement that the tuition cost responsibility commences on the date that services under an existing iep commences, unless the child’s IEP team determines that the on-line program is not an appropriate placement for the child or that the child is no longer a child with a disability as defined by these rules.  Nothing herein shall be construed to modify current educational placement requirements under Section 6.03(14)(a) of these rules. RULES; AND

4.07(2)(a)(xvii)
9.05	(2)	(A)	(XVII)	Ssignature lines for the individuals who have legal authority to sign the contract on behalf of the administrative unit of attendance, the district of attendance if it is not an administrative unit, the administrative unit of residence, and the district of residence if it is not an administrative unit.

4.07(2)(b)
9.05	(2)	(B)	TRANSFER OF SPECIAL EDUCATION REVENUES

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

4.07(2)(c)
9.05	(2)	(C)	Additional Ccontract Eelements for Ccontracts Iinvolving Sspeech-language Iinstruction and/or Rrelated Sservices.

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

4.07(2)(c)(i)
9.05	(2)	(C)	(I)	Aa statement that the child’s IEP specifies speech-language instruction and/or related services, and a description of the nature and duration of such services as specified by the IEP;

4.07(2)(c)(ii)
9.05	(2)	(C)	(II)	Aa statement identifying which entity (i.e., the administrative unit of attendance, the administrative unit of residence or a third party) will deliver such services;

4.07(2)(c)(iii)
9.05	(2)	(C)	(III)	Iif the parties agree that the administrative unit of residence will deliver the speech-language instruction and/or related services, a statement describing the responsibilities of the parties should it be determined that the administrative unit of residence is failing, or has failed, to provide appropriate services as specified by the child’s IEP.  IEP;

4.07(2)(c)(iv)
9.05	(2)	(C)	(IV)	Iif the parties agree that the administrative unit of attendance will deliver the speech-language instruction and/or related services and the district of residence will pay the tuition costs for such services, a statement describing the responsibilities of the parties should it be determined that the administrative unit of attendance is failing, or has failed, to provide appropriate services as specified by the child’s IEP.  IEP;

4.07(2)(c)(v)
9.05	(2)	(C)	(V)	Iif the on-line program is providing the speech-language instruction and/or related services, a statement describing whether the costs of providing the speech-language instruction and/or related service will be an add-on to the tuition cost rate approved by the State Board and an identification of what those costs will be; and

4.07(2)(c)(vi)
9.05	(2)	(C)	(VI)	Iif the speech-language instruction and/or a related service are to be provided by the on-line program  through a third party contractor that is not the administrative unit of residence, the contract shall contain a statement that the  district of residence will be responsible for only the cost of providing the services  for the amount of time  specified on the child’s IEP.  If such services are to be provided by the on-line program or a third party contractor of the on-line program, the contract shall contain  a statement describing the responsibilities of the parties if it is determined that the service provider is failing, or has failed, to provide appropriate services as specified by the child’s iep.  IEP; AND

4.07(2)(c)(vii)
9.05	(2)	(C)	(VII)	Iif speech-language instruction and/or related services associated with child find are being claimed, then such instruction and/or related services must be included in the on-line program’s tuition cost rate.

4.07(2)(d)
9.05	(2)	(D)	Change in District of Residence

if there is a change in the child’s district of residence the on-line program must notify the new district of residence in accordance with section 4.06(3) 9.04(3) of these rules.  The on-line program must also enter into a tuition contract with the new district of residence in accordance with section 4.07(2) 9.05(2) of these rules, thereby removing from the former district of residence the tuition cost responsibility for that child as of the date of the change in residency. 

4.07(2)(e)
9.05	(2)	(E)	EXTENDED SCHOOL YEAR SERVICES

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

4.07(2)(f)
9.05	(2)	(F)	contract Timelines

4.07(2)(f)(i)
9.05	(2)	(F)	(I)	The district of attendance shall send the proposed tuition contract to the district of residence within 15  calendar days following the date that the child’s IEP team determines that the on-line program is an appropriate placement for the child.  

4.07(2)(f)(ii)
9.05	(2)	(F)	(II)	The district of residence shall provide written acknowledgement of the receipt of the proposed tuition contract within 15 calendar days of its receipt of the contract.  The district of residence shall have 30 additional calendar days to negotiate, execute and return the contract.  In the event that the contract is not executed and returned within 45 calendar days of the district of residence’s receipt of the proposed contract, the tuition responsibility shall be as stated in Section 22-20-109(6), C.R.S., even though a contract has not been executed.

7.03	Documentation of Tuition Costs

9.06	DOCUMENTATION OF TUITION COSTS

7.03(1)	
9.06	(1)	Community Centered Board and Eligible Facilities.  ELIGIBLE FACILITIES

7.03(1)(a) 
9.06	(1)	(A)	Annually, community centered boards and eligible facilities must submit to the Department of Education an itemized documentation of the proposed amount of tuition costs charged to an administrative unit of residence for special education services provided to a child with disabilities who is determined to be the responsibility of the administrative unit of residence.

7.03(1)(b)
9.06	(1)	(B)	The documentation must be submitted on forms developed by the Department of Education, and must include the following:

7.03(1)(b)(i)
9.06	(1)	(B)	(I)	Special education expenditures defined in Section 2.03 2.00 of these Rules. RULES;

7.03(1)(b)(ii)
9.06	(1)	(B)	(II)	The number of days in the school year during which the community centered boards or eligible facility offers the program.  PROGRAM; AND

7.03(1)(b)(iii)
9.06	(1)	(B)	(III)	A separate set of proposed costs for services that differ from those offered during the regular academic year. 

7.03(1)(c)
9.06	(1)	(C)	Tuition costs shall be determined after deducting applicable state, federal, or other funds REVENUES, AS DEFINED IN SECTION 9.01(1) OF THESE RULES, received by the community centered board or eligible facility for the special education program.

7.03(1)(d)
9.06	(1)	(D)	A percentage of the per pupil operating revenue, to be determined annually by the Department of Education, shall be applied as revenue toward indirect costs of the special education program, such as utilities, maintenance, administrative support services, regular education, and other items that may be determined by the Department.

7.03(1)(e)
9.06	(1)	(E)	In no instance shall the total revenues received by the community centered board or eligible facility for Department of Education approved costs for special education  services exceed 100 percent of the total expenditures for the provision of those special education services.  Based on this information, the Department will recommend to the State Board of Education tuition rates for community centered boards and eligible facilities.  Costs for additional services required by an individual child, and documented on an IEP may be negotiated with the administrative unit of residence.

7.03(2)
9.06	(2)	Charter Schools, Eexcluding Ccharter Sschools Tthat Aare Oon-line Pprograms
		
the provisions of this section apply only if the charter school intends to seek tuition costs.  likewise, if the charter school does not intend to seek tuition costs, the charter school is not required to comply with this section.

7.03(2)(a)
9.06	(2)	(A)	Annually, charter schools, excluding charter schools that are also on-line programs, must submit to the Department an itemized documentation of the proposed amount of tuition costs to be charged to a district of residence for special education services provided to a child with disabilities who is enrolled in the charter school.  if appropriate, multiple rates may be set for different programs within the charter school.  The special education director of the administrative unit of attendance shall certify that the information contained in the documentation is accurate AND THAT THE CRITERIA SET FORTH IN 9.03(1) ARE MET.

7.03(2)(b)
9.06	(2)	(B)	The documentation must be submitted on forms developed by the Department and in accordance with timelines established by the Department.  The documentation must include the following:

7.03(2)(b)(i)
9.06	(2)	(B)	(I)	Sspecial education expenditures defined in Section 2.00 of these Rules;

7.03(2)(b)(ii)
9.06	(2)	(B)	(II)	Tthe number of days in the school year during which the charter school offers the program;

7.03(2)(b)(iii)
9.06	(2)	(B)	(III)	Eexpenditures for the regular education program, administration, personnel costs, business services, and occupancy; and

7.03(2)(b)(iv)
9.06	(2)	(B)	(IV)	Tthe average number of children enrolled in the charter school, and the number of those children with disabilities.

7.03(2)(c)
9.06	(2)	(C)	For the purpose of establishing a tuition rate, student/staff ratios in a particular program shall be approved by the chartering district OR THE CHARTER SCHOOL INSTITUTE, AS APPLICABLE AUTHORITY, and shall be reasonably consistent with the RATIOS FOR OF THE chartering school district’s ratios DISTRICT, OR THE CHARTER SCHOOL INSTITUTE, AS APPLICABLE AUTHORITY, for serving students with comparable disabilities.

7.03(2)(d)
9.06	(2)	(D)	the type of supplies and equipment that may be included in the documented special education costs shall be unique for children with disabilities. the department shall limit the amount for supplies and equipment to be included in the rate to no more than 1.1 times the average cost per child with disabilities for supplies and equipment for administrative units in the most recent year for which data are available.

7.03(2)(e)
9.06	(2)	(E)	Tuition costs shall be determined after deducting applicable state, federal, and other revenues, AS DEFINED IN SECTION 9.01(1) OF THESE RULES, received by the charter school for the educational SPECIAL EDUCATION program as defined in section 2.03(3) of these rules.

7.03(2)(f)
9.06	(2)	(F)	If the charter school accepts a child for which it has not received PPR funding FUNDING, the PPR amount must still be included as an applicable revenue for purposes of establishing tuition costs.

7.03(2)(g)
9.06	(2)	(G)	If the charter school provides an extended school year program for children with disabilities, a separate tuition rate form must be submitted for the program.

7.03(2)(h)
9.06	(2)	(H)	In no case shall the total revenues received by the charter school for Department approved costs for special education services exceed 100 percent of the total expenditures for the provision of those special education services.  

7.03(2)(i)
9.06	(2)	(I)	In no case shall regular education and other education costs exceed the per pupil revenue received by the charter school.

7.03(2)(j)
9.06	(2)	(J)	a percentage of the per pupil revenue, as documented on the rate setting form for each charter school, shall be applied as revenue toward the special education costs submitted on the rate setting form by the charter school.

7.03(2)(k)
9.06	(2)	(K)	Based on this information, the Department will recommend to the State Board of Education for approval, tuition rates for charter schools.

7.03(2)(l)
9.06	(2)	(L)	Costs for additional services, supplies or equipment required by an individual child, and documented on an IEP, shall be negotiated with the administrative unit of residence and the district of residence, if it is not an administrative unit, and shall not be included in the tuition rate submitted for approval.

7.03(3)
9.06	(3)	School Districts

Special Education tuition costs involving two school districts should be negotiated between the administrative unit of attendance, the district of attendance, if it is not an administrative unit, the administrative unit of residence and the district of residence, if it is not an administrative unit, and do not need to be submitted to the Department of Education for approval.  This includes costs for children with disabilities who are attending school outside their district of residence under the Public Schools of Choice law.  In establishing the tuition cost, all applicable revenues as defined in section 2.03(3) 9.01(1) of these rules shall be deducted. 

7.03(4)
9.06	(4)	On-line Programs, Iincluding Ccharter Sschools Tthat Aare Oon-line Pprograms

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

7.03(4)(a)
9.06	(4)	(A)	Annually, on-line programs must submit to the Department of Education an itemized documentation of the proposed amount of tuition costs to be charged to a district of residence for special education services provided to children with disabilities who are enrolled in the  on-line program.  The special education director of the administrative unit of attendance shall certify that the information contained in the documentation is accurate AND THAT THE CRITERIA SET FORTH IN 9.03(1) ARE MET.

7.03(4)(b)
9.06	(4)	(B)	The documentation must be submitted on forms developed by the Department and in accordance with timelines established by the department. the documentation must include the following:

7.03(4)(b)(i)
9.06	(4)	(B)	(I)	Sspecial education expenditures defined in Section 2.03 2.00 of these Rules;

7.03(4)(b)(ii)	
9.06	(4)	(B)	(II)	Tthe number of days in the school year during which the on-line program offers the program;

7.03(4)(b)(iii)
9.06	(4)	(B)	(III)	Eexpenditures for the regular education program, administration, personnel costs, occupancy, and business services; and

7.03(4)(b)(iv)
9.06	(4)	(B)	(IV)	Tthe average number of children enrolled in the on-line program, and the number of those children with disabilities.

7.03(4)(c)
9.06	(4)	(C)	For the purpose of establishing a tuition rate, student/staff ratios in a particular program shall be approved by the administrative unit of attendance,  and shall be reasonably consistent with that unit’s ratios for serving students with comparable disabilities.

7.03(4)(d)
9.06	(4)	(D)	the type of supplies and equipment that may be included in the documented special education costs shall be unique for children with disabilities. the department shall limit the amount for supplies and equipment to be included in the rate to no more than 1.1 times the average cost per child with disabilities for supplies and equipment for administrative units in the most recent year for which data are available. 

7.03(4)(e)
9.06	(4)	(E)	Tuition costs shall be determined after deducting applicable state, federal, and other revenues, AS DEFINED IN SECTION 9.01(1) OF THESE RULES, received BY THE ON-LINE PROGRAM for the educational SPECIAL EDUCATION program as defined in section 2.03(3) of these rules.

7.03(4)(f)
9.06	(4)	(F)	If the on-line program accepts a child for which it has not received the state minimum PPR funding, the state minimum PPR must still be included as an applicable revenue for purposes of establishing tuition costs.

7.03(4)(g)
9.06	(4)	(G)	If the on-line program provides an extended school year program for children with disabilities, a separate tuition rate form must be submitted for the program.

7.03(4)(h)
9.06	(4)	(H)	In no case shall the total revenues received by the on-line program for Department of Education approved costs for special education services exceed 100 percent of the total expenditures for the provision of those special education services.  

7.03(4)(i)
9.06	(4)	(I)	in no case shall regular education and other education costs exceed the per pupil revenue received by the on-line program.

7.03(4)(j)
9.06	(4)	(J)	a percentage of the per pupil revenue, as documented on the rate setting form for each on-line program, shall be applied as revenue toward the special education costs submitted on the rate setting form by the program.

7.03(4)(k)
9.06	(4)	(K)	Based on this information, the Department will recommend to the State Board of Education for approval, tuition rates for on-line programs.

7.03(4)(l)
9.06	(4)	(L)	Costs for additional services, supplies or equipment required by an individual child, and documented on an IEP, shall be negotiated with the administrative unit of residence, and the district of residence, if it is not an administrative unit, and shall not be included in the tuition rate submitted for approval.

7.08	Procedures for Resolving Disagreements 
9.07	PROCEDURES FOR RESOLVING DISAGREEMENTS

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

7.08(1)	
9.07	(1)	school Districts 

7.08(1)(a)
9.07	(1)	(A)	If a district of attendance determines that the district of residence has not paid the tuition costs incurred in educating a child with a disability as required in section 22-20-109(4), C.R.S., the district of attendance may seek a determination from the state board in accordance with the following provisions:

7.08(1)(a)(i)
9.07	(1)	(A)	(I)	If a district of attendance determines that the district of residence has not forwarded to the district of attendance the amount due to it in accordance with the terms of the tuition contract and these rules, the district of attendance may seek a determination from the State Board regarding whether the district of residence improperly withheld any portion of the amount due to it.  a district of attendance that chooses to request a determination of issues shall submit the request within the next fiscal year following the fiscal year in which the district of residence may have improperly withheld funding; except that, if the tuition contract requires the district of attendance to complete any requirements prior to seeking a determination from the State Board, the district of attendance shall submit the request no later than the end of the next fiscal year following the fiscal year in which the district of attendance completes said requirements.

7.08(1)(a)(ii)
9.07	(1)	(A)	(II)	Upon receipt from a district of attendance of a request for a determination of whether the district of residence has improperly withheld any portion of the amount due to it, the state board shall direct the department of Education to review the terms of the tuition  contract and the relevant information of the district of attendance and the district of residence, and make a recommendation to the state board regarding whether the district of residence improperly withheld any portion of the amount due to it.  The department shall request from the district of residence and the district of attendance all information as soon as possible following the request, but in no event later than thirty days after completion of the annual financial audit.  The department shall forward its recommendation to the state board within sixty days after receiving all of the requested information from the districts of attendance and residence.

7.08(1)(a)(iii)
9.07	(1)	(A)	(III)	At the next state board meeting following receipt of the recommendation of the department, the state board shall issue its decision regarding whether the district of residence improperly withheld any portion of the amount due to the district of attendance.  If the state board finds that the district of residence improperly withheld any portion of the amount due to the district of attendance, the district of residence shall pay to the district of attendance, within thirty days after issuance of the decision, the amount improperly withheld.   

7.08(1)(a)(iv)
9.07	(1)	(A)	(IV)	If the district of residence fails within the thirty-day period to pay the full amount that was improperly withheld, the district of attendance may notify the department. The department shall withhold from the state equalization payment of the district of residence the unpaid portion of the amount improperly withheld by the district of residence and pay the unpaid portion directly to the district of attendance.

7.08(1)(a)(v)
9.07	(1)	(A)	(V)	Third Pparty Ffacilitation

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

7.08(1)(b)
9.07	(1)	(B)	the dispute resolution procedure established in 7.08(1)(a) SECTION 9.07(1)(A) OF THESE RULES may also be utilized by the district of residence if it determines that it has been paying a tuition charge for a child who withdrew from the district of attendance, or who otherwise has not been attending the district of attendance, or if the child’s residency, as defined in section 22-20-107.5, C.R.S., has changed.

7.08(2)	
9.07	(2)	Charter Schools

7.08(2)(a)
9.07	(2)	(A)	If a charter school determines that the district of residence has not paid the tuition costs incurred in educating a child with a disability as required in section 22-20-109(5), C.R.S., the charter school may seek a determination from the state board in accordance with the following provisions:

7.08(2)(a)(i)
9.07	(2)	(A)	(I)	If a charter school determines that the district of residence has not forwarded to the charter school the amount due to the charter school in accordance with the terms of the tuition contract and these rules, the charter school may seek a determination from the state board regarding whether the district of residence improperly withheld any portion of the amount due to the charter school.  A charter school that chooses to request a determination of issues shall submit the request within the next fiscal year following the fiscal year in which the district of residence may have improperly withheld funding; except that, if the tuition contract requires the charter school to complete any requirements prior to seeking a determination from the State Board, the charter school shall submit the request no later than the end of the next fiscal year following the fiscal year in which the charter school completes said requirements.

7.08(2)(a)(ii)
9.07	(2)	(A)	(II)	Upon receipt from a charter school of a request for a determination of whether the district of residence has improperly withheld any portion of the amount due to the charter school, the state board shall direct the department to review the terms of the tuition contract and the relevant information of the charter school and the district of residence, and make a recommendation to the state board regarding whether the district of residence improperly withheld any portion of the amount due to the charter school.  The department shall request from the district of residence and the charter school all information as soon as possible following the request, but in no event later than thirty days after completion of the annual financial audit.  The department shall forward its recommendation to the state board within sixty days after receiving all of the requested information from the district of residence and the charter school.

7.08(2)(a)(iii)
9.07	(2)	(A)	(III)	At the next state board meeting following receipt of the recommendation of the department of Education, the state board shall issue its decision regarding whether the district of residence improperly withheld any portion of the amount due to the charter school.  If the state board finds that the district of residence improperly withheld any portion of the amount due to the charter school, the district of residence shall pay to the charter school, within thirty days after issuance of the decision, the amount improperly withheld.  In addition, the district of residence shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation.  If the state board finds that the district of residence did not improperly withhold any portion of the amount due to the charter school, the charter school shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation.

7.08(2)(a)(iv)
9.07	(2)	(A)	(IV)	If the district of residence fails within the thirty-day period to pay the full amount that was improperly withheld, the charter school may notify the department.  the department shall withhold from the state equalization payment of the district of residence the unpaid portion of the amount improperly withheld by the district of residence and pay the unpaid portion directly to the charter school.

7.08(2)(a)(v)
9.07	(2)	(A)	(V)	If the state board finds that the district did not improperly withhold any portion of the amount due to the charter school, the charter school shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation.

7.08(2)(a)(vi)
9.07	(2)	(A)	(VI)	Third Pparty Ffacilitation

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

7.08(2)(b)
9.07	(2)	(B)	the dispute resolution procedure established in 7.08(2)(a) SECTION 9.07(2)(A) of these Rules may also be utilized by the district of residence if it determines that it has been paying tuition costs for a child who withdrew from the charter school, or who otherwise has not been attending the charter school, or if the child’s residency, as defined in section 22-20-107.5, C.R.S., has changed.

7.08(3)
9.07	(3)	On-line Programs

7.08(3)(a)
9.07	(3)	(A)	If an on-line program determines that the district of residence has not paid the tuition charge for excess cost incurred in educating a child with a disability, as required in section 22-20-109(6), C.R.S., the district of attendance, on behalf of the on-line program, may seek a determination from the State Board in accordance with the following provisions:

7.08(3)(a)(i)
9.07	(3)	(A)	(I)	If the district of attendance determines that the district of residence has not forwarded to the on-line program the amount due to the on-line program in accordance with the terms of the tuition contract and the provisions of these Rules, the district of attendance may seek a determination from the state board regarding whether the district of residence improperly withheld any portion of the amount due to the on-line program.  a district of attendance that chooses to request a determination of the issues shall submit the request within the next fiscal year following the fiscal year in which the district of residence may have improperly withheld funding; except that, if the tuition contract requires the on-line program and/or the district of attendance to complete any requirements prior to seeking a determination from the department, the district of attendance shall submit the request no later than the end of the next fiscal year following the fiscal year in which the on-line program and/or the district of attendance completes said requirements.

7.08(3)(a)(ii)
9.07	(3)	(A)	(II)	Upon receipt from a district of attendance of a request for a determination of whether the district of residence improperly withheld any portion of the amount due to the on-line program, the state board shall direct the department to review the terms of the tuition contract and other relevant information of the on-line program, and the department shall make a recommendation to the state board regarding whether the district of residence improperly withheld any portion of the amount due to the on-line program.  The department shall request from the district of residence, the district of attendance and the on-line program, all information as soon as possible following the request, but in no event later than thirty days after completion of the annual financial audit.  The department shall forward its recommendation to the state board within sixty days after receiving all of the requested information from the district of residence, the district of attendance and the on-line program.

7.08(3)(a)(iii)
9.07	(3)	(A)	(III)	At the next state board meeting following receipt of the recommendation of the department, the state board shall issue its decision regarding whether the district of residence improperly withheld any portion of the amount due to the on-line program.  If the state board finds that the district of residence improperly withheld any portion of the amount due to the on-line program, the district of residence shall pay to the on-line program, within thirty days after issuance of the decision, the amount improperly withheld.  

7.08(3)(a)(iv)
9.07	(3)	(A)	(IV)	If the district of residence fails within the thirty-day period to pay the full amount that was improperly withheld, the on-line program may notify the department.  the department shall withhold from the state equalization payment of the district of residence the unpaid portion of the amount improperly withheld by the district of residence and pay the unpaid portion directly to the on-line program.

7.08(3)(a)(v)
9.07	(3)	(A)	(V)	Third Pparty Ffacilitation

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

7.08(3)(b)
9.07	(3)	(B)	the dispute resolution procedure established in 7.08(3)(a) SECTION 9.07(3)(A) of these Rules may also be utilized by the district of residence if it determines that it has been paying a tuition charge for a child who withdrew from the on-line program, or who otherwise has not been attending the on-line program, or if the child’s residency, as defined in section 22-20-107.5, C.R.S., has changed.

2220-R-8.00	
2220-R-12.00	GIFTED AND TALENTED STUDENT PROGRAMMING	

8.01
12.01	Definitions.

8.01(1)	“Gifted and talented children” means those persons between the ages of five and twenty-one whose abilities, talents, and potential for accomplishment are so exceptional or developmentally advanced that they require special provisions to meet their educational needs. Children under five who fit this definition may also be served.  Gifted and talented children hereinafter are referred to as students.  Gifted and talented students are capable of high performance, exceptional production, or exceptional learning behavior by virtue of any or a combination of these areas:

8.01(1)(a)	General or specific intellectual ability.  

8.01(1)(b)	Specific academic aptitude.  

8.01(1)(c)	Creative or productive thinking.  

8.01(1)(d)	Leadership and human relations abilities.  

8.01(1)(e)	Visual arts, performing arts, spatial or musical abilities.  

8.01(1)(f)	Psychomotor abilities.

12.01	(1) 	“ADMINISTRATIVE UNIT” MEANS A SCHOOL DISTRICT, A BOARD OF COOPERATIVE SERVICES, OR THE STATE CHARTER SCHOOL INSTITUTE THAT: OVERSEES AND/OR PROVIDES EDUCATIONAL SERVICES TO EXCEPTIONAL CHILDREN; IS RESPONSIBLE FOR THE LOCAL ADMINISTRATION OF ARTICLE 20 OF TITLE 22, C.R.S.; AND MEETS THE CRITERIA ESTABLISHED IN SECTION 3.01 OF THESE RULES. 

12.01	(2) 	“ADVANCED LEARNING PLAN” OR “ALP” MEANS A WRITTEN RECORD OF GIFTED AND TALENTED PROGRAMMING UTILIZED WITH EACH GIFTED CHILD AND CONSIDERED IN EDUCATIONAL PLANNING AND DECISION MAKING.

8.01(2)
12.01	(3)	“Learning-related affective AFFECTIVE development” means SOCIAL AND EMOTIONAL programming intended to TO:

12.01	(3)	(A)	assist gifted and talented students in understanding themselves as gifted learners, and the implications of their abilities, talents, and potential for accomplishment (INTRAPERSONAL SKILLS); AND 

12.01	(3)	(B)	ASSIST GIFTED AND TALENTED STUDENTS IN DEVELOPING AND/OR REFINING INTERPERSONAL SKILLS.

12.01	(4)	“ARTICULATION”, FOR PURPOSES OF THIS RULE 12.00, MEANS THE COMMUNICATION THAT OCCURS AS STUDENTS MOVE OR TRANSITION THROUGH THE SCHOOL SYSTEM, GRADE BY GRADE AND SCHOOL LEVEL TO SCHOOL LEVEL.

12.01	(5)	“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.

12.01	(6)	“COMMENSURATE GROWTH” MEANS THE ACADEMIC AND AFFECTIVE PROGRESS THAT CAN BE MEASURED AND SHOULD BE EXPECTED OF A GIFTED STUDENT GIVEN THE STUDENT’S LEVEL OF ACHIEVEMENT, LEARNING NEEDS, AND ABILITIES MATCHED WITH THE APPROPRIATE INSTRUCTIONAL LEVEL.”

12.01	(7)	“EARLY CHILDHOOD SPECIAL EDUCATIONAL SERVICES” MEANS THOSE INSTRUCTIONAL STRATEGIES, CURRICULUM, AFFECTIVE AND PROGRAMMING OPTIONS THAT NURTURE AND DEVELOP EXCEPTIONAL ABILITIES OR POTENTIAL FOR GIFTED STUDENTS, INCLUDING BUT NOT LIMITED TO AN EARLY ENTRANCE STRATEGY OR ADVANCED LEVEL PRE-SCHOOL INTERVENTIONS.

12.01	(8)	“EARLY ENTRANCE” MEANS A GIFTED STUDENT IS PLACED IN A GRADE LEVEL ABOVE OTHER SAME AGED PEERS BASED UPON THE FOLLOWING CONDITIONS: 

12.01	(8)	(A)	THE STUDENT IS FORMALLY IDENTIFIED AS GIFTED AS SPECIFIED IN 12.01(9); AND

12.01	(8)	(B)	THE STUDENT MEETS REQUIREMENTS FOR ACCELERATED PLACEMENT AS DETERMINED IN AN AUDITABLE BODY OF EVIDENCE (E.G., ACHIEVEMENT, ABILITY, SOCIAL-EMOTIONAL FACTORS, SCHOOL LEARNING SKILLS, DEVELOPMENTAL CHARACTERISTICS, AND FAMILY AND SCHOOL SUPPORT).

12.01	(9)	“GIFTED AND TALENTED CHILDREN” MEANS THOSE PERSONS BETWEEN THE AGES OF FIVE AND TWENTY-ONE WHOSE ABILITIES, TALENTS, AND POTENTIAL FOR ACCOMPLISHMENT ARE SO EXCEPTIONAL OR DEVELOPMENTALLY ADVANCED THAT THEY REQUIRE SPECIAL PROVISIONS TO MEET THEIR EDUCATIONAL PROGRAMMING NEEDS.  GIFTED AND TALENTED CHILDREN ARE HEREAFTER REFERRED TO AS GIFTED STUDENTS. CHILDREN UNDER FIVE WHO ARE GIFTED AND TALENTED MAY ALSO BE PROVIDED WITH EARLY CHILDHOOD SPECIAL EDUCATIONAL SERVICES.  GIFTED STUDENTS INCLUDE GIFTED STUDENTS WITH DISABILITIES (I.E. TWICE EXCEPTIONAL) AND STUDENTS WITH EXCEPTIONAL ABILITIES OR POTENTIAL FROM ALL SOCIO-ECONOMIC AND ETHNIC, CULTURAL POPULATIONS.  GIFTED STUDENTS ARE CAPABLE OF HIGH PERFORMANCE, EXCEPTIONAL PRODUCTION, OR EXCEPTIONAL LEARNING BEHAVIOR BY VIRTUE OF ANY OR A COMBINATION OF THESE AREAS OF GIFTEDNESS:

12.01	(9)	(A)	GENERAL OR SPECIFIC INTELLECTUAL ABILITY.  

12.01	(9)	(A)	(1)	DEFINITION

				INTELLECTUAL ABILITY IS EXCEPTIONAL CAPABILITY OR POTENTIAL RECOGNIZED THROUGH COGNITIVE PROCESSES (E.G., MEMORY, REASONING, RATE OF LEARNING, SPATIAL REASONING, ABILITY TO FIND AND SOLVE PROBLEMS, ABILITY TO MANIPULATE ABSTRACT IDEAS AND MAKE CONNECTIONS, ETC.). 

12.01	(9)	(A)	(2)	CRITERIA

				INTELLECTUAL ABILITY IS AS DEMONSTRATED BY ADVANCED LEVEL ON PERFORMANCE ASSESSMENTS OR TWO OR MORE STANDARD DEVIATIONS ABOVE THE MEAN NINETY-FIFTH PERCENTILE AND ABOVE ON STANDARDIZED COGNITIVE TESTS.

12.01	(7)	(B)
12.01	(9)	(B)	SPECIFIC ACADEMIC APTITUDE 

12.01	(9)	(B)	(1)	DEFINITION

				SPECIFIC ACADEMIC APTITUDE IS EXCEPTIONAL CAPABILITY OR POTENTIAL ABILITY IN AN ACADEMIC CONTENT AREA(S) (E.G., A STRONG KNOWLEDGE BASE OR THE ABILITY TO ASK INSIGHTFUL, PERTINENT QUESTIONS WITHIN THE DISCIPLINE, ETC.).

12.01	(9)	(B)	(2)	CRITERIA

				SPECIFIC ACADEMIC APTITUDE IS AS DEMONSTRATED BY ADVANCED LEVEL ON PERFORMANCE ASSESSMENTS OR TWO OR MORE STANDARD DEVIATIONS ABOVE THE MEAN NINETY-FIFTH PERCENTILE AND ABOVE ON STANDARDIZED ACHIEVEMENT TESTS.

12.01	(7)	(C)
12.01	(9)	(C)	CREATIVE OR PRODUCTIVE THINKING

12.01	(9)	(C)	(1)	DEFINITION

				CREATIVE OR PRODUCTIVE THINKING IS EXCEPTIONAL CAPABILITY OR POTENTIAL IN MENTAL PROCESSES (E.G., CRITICAL THINKING, CREATIVE PROBLEM SOLVING, HUMOR, INDEPENDENT/ORIGINAL THINKING, AND/OR PRODUCTS, ETC.).

12.01	(9)	(C)	(2) 	CRITERIA

				CREATIVE OR PRODUCTIVE THINKING IS AS DEMONSTRATED BY ADVANCED LEVEL ON PERFORMANCE ASSESSMENTS OR TWO OR MORE STANDARD DEVIATIONS ABOVE THE MEAN NINETY-FIFTH PERCENTILE AND ABOVE ON STANDARDIZED TESTS OF CREATIVE/CRITICAL SKILLS OR CREATIVITY/CRITICAL THINKING.

12.01	(7)	(D)
12.01	(9)	(D)	LEADERSHIP ABILITIES.  

12.01	(9)	(D)	(1) 	DEFINITION

				LEADERSHIP IS THE EXCEPTIONAL CAPABILITY OR POTENTIAL TO INFLUENCE AND EMPOWER PEOPLE (E.G., SOCIAL PERCEPTIVENESS, VISIONARY ABILITY, COMMUNICATION SKILLS, PROBLEM SOLVING, INTER AND INTRA-PERSONAL SKILLS AND A SENSE OF RESPONSIBILITY, ETC.). 

12.01	(9)	(D)	(2)	CRITERIA

				LEADERSHIP IS AS DEMONSTRATED BY ADVANCED LEVEL ON PERFORMANCE ASSESSMENTS OR TWO OR MORE STANDARD DEVIATIONS ABOVE THE MEAN NINETY-FIFTH PERCENTILE AND ABOVE ON STANDARDIZED LEADERSHIP TESTS.

12.01	(7)	(E)
12.01	(9)	(E)	VISUAL ARTS, PERFORMING ARTS, MUSICAL OR PSYCHOMOTOR ABILITIES.  

12.01	(9)	(E)	(1)	DEFINITION

				VISUAL ARTS, PERFORMING ARTS, MUSICAL OR PSYCHOMOTOR ABILITIES ARE EXCEPTIONAL CAPABILITIES OR POTENTIAL IN TALENT AREAS (E.G., ART, DRAMA, MUSIC, DANCE, BODY AWARENESS, COORDINATION AND PHYSICAL SKILLS, ETC.). 

12.01	(9)	(E)	(2)	CRITERIA

				VISUAL ARTS, PERFORMING ARTS, MUSICAL OR PSYCHOMOTOR ABILITIES ARE AS DEMONSTRATED BY ADVANCED LEVEL ON PERFORMANCE TALENT-ASSESSMENTS OR TWO OR MORE STANDARD DEVIATIONS ABOVE THE MEAN NINETY-FIFTH PERCENTILE AND ABOVE ON STANDARDIZED TALENT-TESTS.

12.01	(8)
12.01	(10)	“PARENT” FOR PURPOSES OF THIS RULE 8 12 MEANS THE NATURAL OR ADOPTIVE PARENT, OR LEGAL GUARDIAN, UNLESS THE GIFTED STUDENT IS ALSO A CHILD WITH A DISABILITY IN WHICH CASE PARENT SHALL BE DEFINED CONSISTENT WITH FEDERAL SPECIAL EDUCATION LAW.

12.01	(11)	“PERFORMANCE ASSESSMENT” MEANS SYSTEMATIC OBSERVATION OF A STUDENT’S PERFORMANCE, EXAMPLES OF PRODUCTS, TASKS, OR BEHAVIORS BASED UPON ESTABLISHED CRITERIA, SCORING RUBRIC OR RATING SCALE NORMS.

12.01	(9) 
12.01	(12)	“PRE-COLLEGIATE” MEANS A VARIETY OF PROGRAMS TO HELP STUDENTS PLAN, APPLY AND PAY FOR COLLEGE. PROGRAMS MAY BE OFFERED THROUGH MIDDLE AND HIGH SCHOOLS, COLLEGES AND UNIVERSITIES OR COMMUNITY ORGANIZATIONS AND BUSINESSES.

12.01	(10)
12.01	(13)	“PRE-ADVANCED PLACEMENT” MEANS A VARIETY OF PROGRAMS AND STRATEGIES THAT PREPARE STUDENTS TO TAKE ADVANCED PLACEMENT COURSES BEGINNING IN THE EARLY GRADES, THROUGH MIDDLE SCHOOL AND HIGH SCHOOL.  “ADVANCED PLACEMENT” MEANS COLLEGE-LEVEL COURSES AND/OR EXAMS OFFERED AND CERTIFIED THROUGH THE COLLEGE BOARD.

12.01	(11)
12.01	(14)	“QUALIFIED PERSONNEL” OR “QUALIFIED PERSON” MEANS A LICENSED, CONTENT ENDORSED TEACHER WHO ALSO HAS AN ENDORSEMENT OR HIGHER DEGREE IN GIFTED EDUCATION; OR WHO IS WORKING TOWARD AN ENDORSEMENT OR HIGHER DEGREE IN GIFTED EDUCATION; OR AS A RESULT OF EMPLOYMENT/POSITION IN GIFTED EDUCATION IS GAINING KNOWLEDGE, SKILLS, AND UNDERSTANDING IN GIFTED EDUCATION THROUGH COURSEWORK, AND PROFESSIONAL DEVELOPMENT FOCUSED ON GIFTED EDUCATION INSTITUTES AND OTHER PROFESSIONAL DEVELOPMENT FOCUSED ON GIFTED EDUCATION.

12.01	(12)
12.01	(15)	“SPECIAL EDUCATIONAL SERVICES” OR “SPECIAL EDUCATIONAL PROGRAMS” MEANS THE SERVICES OR PROGRAMS PROVIDED TO EXCEPTIONAL CHILDREN PURSUANT ARTICLE 20 OF TITLE 22, C.R.S.  INCLUDING CHILDREN WITH DISABILITIES AND GIFTED STUDENTS.

12.01	(13)
12.01	(16)	“SPECIAL PROVISIONS” MEANS THE PROGRAMMING OPTIONS, STRATEGIES AND SERVICES NECESSARY TO IMPLEMENT THE GIFTED STUDENT’S ALP.

12.01	(17)	“TWICE EXCEPTIONAL” MEANS A STUDENT WHO IS:

12.01	(17)	(A)	IDENTIFIED AS A GIFTED STUDENT PURSUANT TO SECTION 12.01(9) OF THESE RULES; AND 

12.01	(17)	(B)	(1)	IDENTIFIED AS A CHILD WITH A DISABILITY PURSUANT TO SECTION 4.01(4) OF THESE RULES; OR

12.01	(17)	(B)	(2)	A QUALIFIED INDIVIDUAL PURSUANT TO SECTION 504 OF THE REHABILITATION ACT OF 1973, 29 U.S.C.A. §794.

8.02
12.02	The ADMINISTRATIVE UNIT GIFTED EDUCATION PROGRAM Plan.

In order to be eligible for funding under these Rules, an administrative unit shall submit a GIFTED EDUCATION PROGRAM plan (PROGRAM PLAN) for educating gifted and talented students to the Department on an annual basis.  Filing of the PROGRAM plan shall constitute application for funding.  Plans must SHALL be filed by May 31 APRIL 30 of the fiscal year prior to the funding year.  The Department will review all PROGRAM plans for completeness and thoroughness.  A PROGRAM plan shall be deemed complete if it contains ADDRESSES all elements specified in Section 8.02(1)(a) 12.02(1)(A) through 8.02(1)(f) 12.02(1)(F) of these Rules.  A plan shall be deemed thorough if it meets the criteria described in the elements outlined in 8.02(1)(a) through 8.02(1)(f) of these Rules.

8.02(1)	
12.02	(1)	Elements of the PROGRAM plan.  

A PROGRAM plan for the education of gifted and talented students submitted to the department DEPARTMENT for funding purposes shall contain the following elements:

12.02	(1)	(A)	COMMUNICATION OUTREACH.  

THE PROGRAM PLAN SHALL DESCRIBE HOW THE ADMINISTRATIVE UNIT WILL COMMUNICATE TO PARENTS AND EDUCATORS ABOUT AVAILABLE GIFTED PROGRAMMING OPTIONS WITHIN THE ADMINISTRATIVE UNIT AND HOW THOSE OPTIONS MAY BE ACCESSED.

8.02(1)(a)	
12.02	(1)	(B)	Definition of “gifted and talented student”.  

The PROGRAM plan shall include a written definition that is the same as or substantially similar to the definition of “gifted and talented student” specified in section 8.01(1) 8.01(7) 12.01(9) of these Rules.  This definition shall provide the basis for all other elements described in the plan SERVE AS THE BASIS FOR THE IMPLEMENTATION OF ALL OTHER PROGRAM PLAN ELEMENTS DESCRIBED BELOW.

8.02(1)(b)	
12.02	(1)	(C)	Identification procedure.  

The PROGRAM plan shall define DESCRIBE THE ASSESSMENT PROCESS the procedure used by the administrative unit for identifying students who fit MEET the definition specified in section 8.02(1)(a) 8.01(7) 12.01(9) and for identifying the educational needs of these GIFTED students. THE ASSESSMENT PROCESS SHALL RECOGNIZE A STUDENT’S EXCEPTIONAL ABILITIES OR POTENTIAL, INTERESTS, AND NEEDS IN ORDER TO GUIDE STUDENT INSTRUCTION AND INDIVIDUALIZED PROGRAMMING. Such identification THE ASSESSMENT procedures PROCESS shall include, but NEED not necessarily be limited to, TO:

12.02	(1)	(C)	(I) 	A METHOD(S) TO ENSURE EQUAL AND EQUITABLE ACCESS FOR ALL STUDENTS.  THE PROGRAM PLAN SHALL DESCRIBE THE EFFORTS THE ADMINISTRATIVE UNIT WILL MAKE TO IDENTIFY GIFTED STUDENTS FROM ALL POPULATIONS, INCLUDING PRESCHOOL (IF APPLICABLE) THROUGH SECOND TWELFTH GRADE STUDENTS, MINORITY STUDENTS, ECONOMICALLY DIVERSE STUDENTS, CULTURALLY DIVERSE STUDENTS, STUDENTS WITH LIMITED ENGLISH PROFICIENCY AND CHILDREN WITH DISABILITIES; 

12.02	(1)	(C)	(II) 	REFERRAL AND SCREENING PROCEDURES;

12.02	(1)	(C)	(III)	MULTIPLE SOURCES OF DATA IN A BODY OF EVIDENCE (I.E. QUALITATIVE AND QUANTITATIVE);

12.02	(1)	(C)	(IV)	CRITERIA FOR DETERMINING EXCEPTIONAL ABILITY OR POTENTIAL;

12.02	(1)	(C)	(V) 	A REVIEW TEAM PROCEDURE; AND

12.02	(1)	(C)	(VI)	A COMMUNICATION PROCEDURE 1) the means by which parents are made aware of gifted education and the identification THE ASSESSMENT process available in the district and schools; and FOR THEIR CHILD STUDENT, GIFTED DETERMINATION, AND DEVELOPMENT AND REVIEW OF THE CHILD’S STUDENT’S ADVANCED LEARNING PLAN ALP.

2) efforts the district will make to identify gifted and talented students from traditionally under-served populations of students, including minority students, economically disadvantaged students, culturally different students, students with Limited English Proficiency, and students with disabilities.

8.02(1)(c)	
12.02	(1)	(D)	Programming.  

The PROGRAM plan shall describe the programming services, COMPONENTS, options, and strategies that will most commonly be implemented by the administrative unit and schools to appropriately address the educational needs of gifted and talented students.  PROGRAMMING SHALL MATCH THE STRENGTHS AND INTERESTS OF THE GIFTED STUDENT.  OTHER EDUCATIONAL NEEDS SHALL BE ADDRESSED ACCORDING TO THE INDIVIDUAL STUDENT’S PROFILE.  Such services, PROGRAMMING THE PROGRAM PLAN COMPONENTS, options, and strategies should SHALL include, but not necessarily be limited to NEED NOT BE LIMITED TO: appropriate advanced/accelerated adaptations to the regular curriculum, advanced enrichment, learning-related affective needs programming, and career and future education guidance and counseling. 

12.02	(1)	(D)	(I)	ALIGNMENT OF assessment data TO PROGRAMMING OPTIONS in THE areas of giftedness;

12.02	(1)	(D)	(II) 	structureS by which gifted students are served at the different school levels (E.G., THE GENERAL CLASSROOM, RESOURCE, AND/OR PULLOUT, ETC.);

12.02	(1)	(D)	(III)	support IN differentiated instruction and methods (E.G., acceleration, cluster grouping and higher order thinking skills, ETC.);

12.02	(1)	(D)	(IV)	affective and guidance support systems (E.G., SOCIAL SKILLS TRAINING, early college and career planning, ETC.);

12.02	(1)	(D)	(V)	DIVERSE content options provided for gifted students IN THEIR AREAS OF strength (E.G., MENTORSHIP, SOCRATIC SEMINARS, ADVANCED MATH, HONORS COURSES, ETC.);

12.02	(1)	(D)	(VI)	the means by which articulation FOR PreSCHOOL (IF APPLICABLE) THROUGH GRADE 12 is planned and implemented; 

12.02	(1)	(D)	(VII)	pre-collegiate AND/or pre-advanced placement support;

12.02	(1)	(D)	(VIII)	advanced learning plan ALP DEVELOPMENT AND ANNUAL REVIEW CONDUCTED THROUGH THE COLLABORATIVE EFFORTS OF THE TEACHER(S), OTHER SCHOOL PERSONNEL (AS NEEDED), PARENTS AND THE STUDENT (AS APPROPRIATE); AND

12.02	(1)	(D)	(IX)	post secondary options available to gifted students.

8.02(1)(d)
12.02	(1)	(E)	Evaluation and Accountability.  

The ADMINISTRATIVE UNIT PROGRAM plan shall describe 1) methods to be used for assessing and evaluating gifted and talented students’ academic and/or affective growth, gain, and/or progress as a result of programming utilized; and  2) the methods for reporting such results to parents. DESCRIBE:
 
12.02	(1)	(E)	(I) 	METHODS BY WHICH STUDENT ACHIEVEMENT IS MONITORED AND MEASURED FOR CONTINUAL LEARNING PROGRESS AND HOW SUCH METHODS ALIGN WITH THE STATE ACCREDITATION PROCESS (E.G., INTERVENTION PROGRESS MONITORING DATA SOURCES, ADVANCED LEARNING PLAN GOALS, AND PERFORMANCE, DISTRICT, AND STATE ASSESSMENT DATA, ETC.);

12.02	(1)	(E)	(II)	methods by which student affective growth is monitored and measured for continual development (E.G., rubrics for personal journals and anecdotal data, student surveys, demonstration of self-advocacy,AND STUDENT career and/OR college plans, ETC.);

12.02	(1)	(E)	(III)	METHODS FOR ENSURING THAT GIFTED STUDENT ACHIEVEMENT AND REPORTING ARE CONSISTENT WITH ACCREDITATION REQUIREMENTS (I.E., DISAGGREGATION OF STATE ASSESSMENT DATA FOR GIFTED STUDENTS, IDENTIFICATION OF DISCREPANCIES IN THE DATA, GOAL SETTING AND DEMONSTRATION OF GROWTH); AND

12.02	(1)	(E)	(IV)	METHODS FOR SELF-EVALUATION OF THE GIFTED PROGRAM INCLUDING A SCHEDULE FOR PERIODIC FEEDBACK AND REVIEW (E.G., REVIEW OF GIFTED POLICY, GOALS, IDENTIFICATION PROCESS, PROGRAMMING COMPONENTS, PERSONNEL, BUDGET AND REPORTING PRACTICES, AND THE IMPACT OF GIFTED PROGRAMMING ON STUDENT ACHIEVEMENT AND PROGRESS, ETC.); AND

12.02	(1)	(E)	(V)	METHODS BY WHICH PARENTS, EDUCATORS, AND OTHER REQUIRED PERSONS ARE INFORMED ABOUT THE METHODS DESCRIBED IN 8.02(1)(E)(I-IV) 12.02(1)(E)(I-IV) ABOVE. 
    
8.02(1)(e)	
12.02	(1)	(F)	Personnel.  

12.02	(1)	(F)	(I)	The PROGRAM plan shall describe the personnel who provide direct and/or indirect instructional and programming services INSTRUCTION, COUNSELING, COORDINATION AND OTHER PROGRAMMING for gifted and talented students.  These personnel should possess appropriate knowledge PERSONNEL SHALL BE KNOWLEDGEABLE IN THE CHARACTERISTICS, DIFFERENTIATED INSTRUCTIONAL METHODS and competencies in the special education of gifted and talented students. QUALIFIED PERSONNEL WITH ENDORSEMENT OR AN ADVANCED DEGREE IN GIFTED EDUCATION ARE PREFERRED IN SPECIFIC PROGRAMS AND CLASSROOMS CONSISTING OF MAINLY GIFTED STUDENTS AND IN THE COORDINATION OF GIFTED PROGRAMMING.  TO THE MAXIMUM EXTENT POSSIBLE EACH ADMINISTRATIVE UNIT SHALL PROVIDE A QUALIFIED PERSON/S FOR THE IMPLEMENTATION OF THIS PROGRAM PLAN AND FOR SUSTAINABILITY OF QUALIFIED PERSONNEL.  BEGINNING WITH THE 2010-2011 SCHOOL YEAR, EVERY ADMINISTRATIVE UNIT SHALL EMPLOY OR CONTRACT WITH A PERSON WHO IS RESPONSIBLE FOR:

 12.02	(1)	(F)	(I) 	(A)	MANAGEMENT OF THE PROGRAM PLAN; AND 

12.02	(1)	(F)	(I) 	(B)	PROFESSIONAL DEVELOPMENT ACTIVITIES, THE PURPOSES OF WHICH ARE:

12.02	(1)	(F)	(I) 	(B)	(I)	TO IMPROVE AND ENHANCE THE SKILLS, KNOWLEDGE AND EXPERTISE OF TEACHERS AND OTHER PERSONNEL WHO PROVIDE INSTRUCTION AND OTHER SUPPORTIVE SERVICES TO GIFTED STUDENTS; AND 

12.02	(1)	(F)	(I) 	(B)	(II)	TO INCREASE, TO THE EXTENT PRACTICABLE, THE NUMBER OF QUALIFIED PERSONNEL PROVIDING INSTRUCTION TO GIFTED STUDENTS.

12.02	(1)	(F)	(II)	ADMINISTRATIVE UNITS ARE HIGHLY ENCOURAGED TO COLLABORATE WITH UNIVERSITIES AND COLLEGES FOR THE DEVELOPMENT OF QUALIFIED PERSONNEL.

12.02	(1)	(F)	(II)
12.02	(1)	(F)	(III)	PERSONNEL RESPONSIBLE FOR THE INSTRUCTION AND LEARNING OF GIFTED STUDENTS IN CORE ACADEMIC AREAS MUST MEET THE REQUIREMENTS UNDER FEDERAL LAW FOR HIGHLY QUALIFIED TEACHERS. 

12.02	(1)	(F)	(IV)	PARAPROFESSIONALS MAY SERVE IN SUPPORTIVE ROLES, BUT MAY NOT BE THE SOLE INSTRUCTIONAL PROVIDER, NOR MAY SUCH PARAPROFESSIONALS BE FUNDED USING STATE GIFTED EDUCATION FUNDS.

12.02	(1)	(F)	(III)
12.02	(1)	(F)	(V)	The PROGRAM plan shall also indicate the CONTENT OF AND means by which the administrative unit supports the acquisition and/or improvement of the knowledge and competencies of these and other personnel through appropriate staff PROFESSIONAL development relating to the education of INSTRUCTION, PROGRAMMING AND COUNSELING FOR gifted and talented students. (E.G.,  INDUCTION AND INSERVICE PROGRAMS, JOB-EMBEDDED TRAINING AND COACHING, GIFTED EDUCATION WORKSHOPS OR INSTITUTES AND COLLEGE COURSEWORK, ETC.). KEY TOPICS SHOULD INCLUDE, BUT NEED NOT BE LIMITED TO, GIFTED CHARACTERISTICS AND MYTHS, DIFFERENTIATED INSTRUCTION, AFFECTIVE NEEDS, COUNSELING, CONTENT INSTRUCTIONAL OPTIONS AND ADVANCED CURRICULAR STRATEGIES (E.G., HIGHER ORDER THINKING STRATEGIES, ETC.).

8.02(1)(f)	
12.02	(1)	(G)	Budget.  

The PROGRAM plan shall propose a budget for gifted and talented education which reflects the COLLABORATIVE EFFORTS OF THE ADMINISTRATIVE UNIT AND cost of implementing the PROGRAMMING, GOALS AND OBJECTIVES STATED IN THE PROGRAM plan.  The budget shall include a combination of DETAIL THE funding committed by the administrative unit and funding requested from the Department.  Funding committed by the administrative unit shall be equal to or greater than the amount requested from the Department.  Funds requested from the Department may be used for:

8.02(1)(f)(i)
12.02	(1)	(G)	(I)	salaries for APPROPRIATELY certified, endorsed, or licensed personnel working SERVING PRIMARILY with gifted and talented students (E.G., GIFTED EDUCATION DIRECTORS, COORDINATORS, RESOURCE TEACHERS, COUNSELORS AND TEACHERS OF GIFTED CLASSROOMS, ETC.);

8.02(1)(f)(ii)
12.02	(1)	(G)	(II)	staff PROFESSIONAL development and training relating to gifted and talented education;

8.02(1)(f)(iii)
12.02	(1)	(G)	(III)	activities associated with GIFTED PROGRAMMING OPTIONS SPECIFIC TO gifted and talented education GIFTED STUDENTS AND THEIR ADVANCED LEARNING PLANS;

8.02(1)(f)(iv)
12.02	(1)	(G)	(IV)	supplies and materials used in instructional programming for gifted and talented education; AND

8.02(1)(f)(v)
12.02	(1)	(G)	(V)	TECHNOLOGY AND equipment necessary for the education of gifted and talented students, not to exceed twenty-five percent of the total amount requested from the Department. 

8.03
12.03	Reports.   	

Any administrative unit receiving funding under the provision of these Rules SECTION 12.00 shall submit to the Department by September 30 of each year a year-end report  A REPORT FOR THE PRIOR FISCAL YEAR, including: 

8.03(1)	
12.03	(1)	a statement DETAILED REPORT of financial income and expenditures; 

8.03(2)	
12.03	(2)	the number of FORMALLY IDENTIFIED GIFTED students served through gifted and talented student PROGRAMMING REPORTED BY: 

12.03	(2)	(A)	EACH GRADE LEVEL, PRESCHOOL (IF APPLICABLE) THROUGH GRADE 12; 

12.03	(2)	(B)	GENDER AND ETHNICITY;

12.03	(2)	(C)	TWICE EXCEPTIONAL; AND

12.03	(2)	(D)	NUMBER OF GIFTED PRESCHOOLERS SERVED THROUGH EARLY ENTRANCE PER LOCAL POLICIES AND PROCEDURES, IF APPLICABLE; 

12.03	(3)	THE NUMBER OF NON-IDENTIFIED STUDENTS SERVED THROUGH GIFTED STUDENT PROGRAMMING;

8.03	(3)
12.03	(4)	the percent of students in the district OR THE CHARTER SCHOOL INSTITUTE ADMINISTRATIVE UNIT who have been identified as gifted and talented through a formal identification procedure; AND

12.03	(5)	THE NUMBER OF QUALIFIED PERSONNEL.

8.03	(4)
12.03	(5)
12.03	(6)	the types of programming strategies utilized most commonly at each school level to address the needs of gifted and talented students; and REPORTED BY:

12.03	(5)	(A)
12.03	(6)	(A)	PROGRAMMING OPTIONS FOR EACH AREA OF GIFTEDNESS AS SPECIFIED IN 8.01(7) 12.01(9) OF THESE RULES;

12.03	(5)	(B)
12.03	(6)	(B)	METHODS OF ARTICULATION THROUGH THE GRADES; AND

12.03	(5)	(C)
12.03	(6)	(C)	METHODS AND TOOLS USED IN ACCOUNTABILITY TO MONITOR GIFTED STUDENT ACHIEVEMENT AND COMMENSURATE GROWTH RELATED TO THE IMPLEMENTATION OF THE PROGRAMMING COMPONENTS; AND

8.03	(5)
12.03	(6)
12.03	(7)	the methods used to determine commensurate educational growth for gifted students given the programming strategies applied.  ADMINISTRATIVE UNITS AND THEIR MEMBER DISTRICTS, IF ANY, SHALL COMPLY WITH THE REQUIREMENTS OF ACCREDITATION, PURSUANT TO ARTICLE 11 OF TITLE 22, C.R.S., WITH REGARD TO GIFTED STUDENT ACHIEVEMENT, IDENTIFICATION OF DISPARITIES IN THE DATA, INSTRUCTIONAL GOALS, GROWTH AND REPORTING.

8.04
12.04	Audits.  

All programs receiving funding under the provisions of the Exceptional Children’s Educational Act are subject to periodic audits by authorized representatives of the legislative and executive branches of state government.  Fiscal audits shall be conducted in accordance with generally accepted auditing standards and accounting principles, as described in the Financial Policies and Procedures Handbook, published by the Department of Education pursuant to 22-44-204(3), C.R.S. MONITORING BY THE DEPARTMENT AS IS MORE FULLY DESCRIBED IN SECTION 12.07 OF THESE RULES.

8.05
12.05	Record Keeping.

Any administrative unit receiving funding will have the following record keeping and reporting responsibilities:

8.05(1)	
12.05	(1)	Financial Records.

Financial records shall be kept in accordance with generally accepted principles of governmental accounting.  Recommended accounting principles are listed in the Financial Policies and Procedures Handbook.  These procedures should be followed to the extent applicable.

8.05(2)	
12.05	(2)	Inventory.

An inventory shall be maintained of all equipment for which funding was received.  These records shall be maintained throughout the useful life of the equipment.	

8.05(3)	
12.05	(3)	Student Records/Confidentiality.  STUDENT EDUCATION RECORDS

8.05(3)	(a)
12.05	(3)	(A)	

A record of gifted and talented education THE ALP SHALL RECORD programming services, options, and strategies utilized with individual students AND shall be made part of the student’s record and RECORD.  THE ALP shall be considered in educational planning and decision-making concerning subsequent programming for that student. STUDENT AND BE USED IN THE ARTICULATION PROCESS, PRESCHOOL (IF APPLICABLE) THROUGH GRADE 12. GIFTED STUDENT RECORDS SHALL DESCRIBE THE BODY OF EVIDENCE THAT IDENTIFIES STRENGTHS, INTERESTS AND NEEDS, AND THE ONGOING PROGRAMMING AND STUDENT ACHIEVEMENT RESULTS. 

8.05(3)	(b)
12.05	(3)	(B)	
12.05	(4)	CONFIDENTIALITY OF STUDENT EDUCATION RECORDS

		Individually identifiable records of students referred, assessed, evaluated, and/or served through programming for gifted and talented students in any administrative unit shall be held to be confidential and protected in accordance with applicable federal and state laws and regulations.  

8.05(4)
12.05	(4)
12.05	(5)	Record MAINTENANCE AND Retention.  DESTRUCTION OF STUDENT EDUCATION RECORDS

Unless otherwise governed by law, the record retention period shall be three years.  GIFTED STUDENT EDUCATION RECORDS AND ADVANCED LEARNING PLANS ALPS SHALL BE MAINTAINED, AND RETAINED AND DESTROYED CONSISTENT WITH THE ONGOING SYSTEM OF STUDENT RECORD KEEPING ESTABLISHED IN THE SCHOOL DISTRICT ADMINISTRATIVE UNIT, INCLUDING ITS MEMBER DISTRICTS OR THE CHARTER SCHOOL INSTITUTE FOR STUDENT RECORDS, PRESCHOOL (IF APPLICABLE) THROUGH GRADE 12.  

12.06	DISPUTE RESOLUTION
	
THE PROGRAM PLAN SHALL DESCRIBE A DISPUTE RESOLUTION PROCESS TO BE USED FOR RESOLVING DISAGREEMENTS ABOUT THE IDENTIFICATION AND PROGRAMMING FOR GIFTED STUDENTS.  THE DISPUTE RESOLUTION PROCESS SHALL, AT A MINIMUM, AFFORD THE AGGRIEVED INDIVIDUAL NOTICE OF THE DECISION GIVING RISE TO THE DISPUTE AND AN OPPORTUNITY TO BE HEARD BEFORE THE DECISION IS IMPLEMENTED.

12.07	MONITORING

12.07	(1)	EACH ADMINISTRATIVE UNIT SHALL COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS REGARDING THE PROGRAM PLAN, IDENTIFICATION AND SPECIAL EDUCATIONAL SERVICES FOR GIFTED STUDENTS.  

12.07	(2)	EACH ADMINISTRATIVE UNIT SHALL BE SUBJECT TO ONGOING MONITORING BY THE DEPARTMENT CONCERNING IMPLEMENTATION OF THE PROGRAM PLAN.

12.07	(3)	MONITORING PROCEDURES SHALL INCLUDE:

12.07	(3)	(A)	A DETERMINATION OF COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS, AND 

12.07	(3)	(B)	AN ASSESSMENT OF PROGRAM QUALITY BASED ON THE STANDARDS ESTABLISHED BY THE DEPARTMENT OF EDUCATION.

12.07	(4)	MONITORING ACTIVITIES SHALL INCLUDE:

12.07	(4)	(A)	A REVIEW OF THE PROGRAM PLAN;

12.07	(4)	(B)	A REVIEW OF THE ANNUAL REPORT;

12.07	(4)	(C)	A PLANNED COMPREHENSIVE ON-SITE PROCESS INTEGRATED WITH THE CONTINUOUS IMPROVEMENT AND MONITORING PROCESS IN THE DEPARTMENT OF EDUCATION; AND 

12.07	(4)	(D)	FOLLOW-UP ACTIVITIES INCLUDING THE PROVISION OF TECHNICAL ASSISTANCE IN AREAS OF NON-COMPLIANCE AND VERIFICATION THAT AREAS OF NON-COMPLIANCE HAVE BEEN CORRECTED.