DEPARTMENT OF EDUCATION
Colorado State Board of Education
RULES (FOR THE) ADMINISTRATION OF THE EXCEPTIONAL CHILDREN'S EDUCATIONAL ACT
1 CCR 301-8
2220-R-1.00 STATEMENT OF BASIS AND PURPOSE
1.00(12)  Beginning in 1990, the section of the Exceptional Children’s Education Act pertaining to the rules for gifted education required administrative units to provide matching funds or greater than the state allocation to support local gifted student education program plans. In 2010, the question of the state board’s authority to require matching funds was presented to the Attorney General’s Office. The Attorney General’s Office issued an informal opinion recommending that the state board’s rules should be modified, removing the matching funds provision on the grounds that the statute does not provide authority to the state board to promulgate rules requiring matching funds.  Pursuant to 22-20-104.5(1), 22-20-104(1)(XI)(b) and 22-2-107(1)(c), the state board has authority to promulgate rules concerning the Exceptional Children’s Education Act.
2220-R-12.00	GIFTED AND TALENTED STUDENT PROGRAMMING
12.01	Definitions.
12.01(1)	“Administrative Unit” or “AU” 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.
2220-R-12.00 GIFTED AND TALENTED STUDENT PROGRAMMING 
[NOTE: ALL RULES SET FORTH IN 2220-R-12.00 PRIOR TO 12.02(1)(g) REMAIN AS PUBLISHED]
12.02(1)(g)	Budget. 
The program plan shall propose a budget for gifted 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 detail the funding committed by the administrative unit and funding requested from the Department.  Funding committed by the Administrative Unit shall be an amount determined by the AU to contribute towards the gifted student education elements described in the AU’s program plan.  Funds requested from the Department may be used for:
12.02(1)(g)(i)	salaries for appropriately certified, endorsed, or licensed personnel serving primarily gifted students (e.g., gifted education directors, coordinators, resource teachers, counselors and teachers of gifted classrooms);
12.02(1)(g)(ii)	professional development and training relating to gifted education;
12.02(1)(g)(iii)	activities associated with gifted programming options specific to gifted students and their advanced learning plans;
12.02(1)(g)(iv)	supplies and materials used in instructional programming for gifted education; and
12.02(1)(g)(v)	technology and equipment necessary for the education of gifted students, not to exceed twenty-five percent of the total amount requested from the Department.
[NOTE: ALL RULES FOLLOWING 12.02(1)(g) REMAIN AS PUBLISHED]