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)  The statutory authority for these emergency Rules is found in Title 22, Article 20, Sections 104(1)(b) and 107(1)(c).  The existing rules regarding standards for new and reorganized administrative units have been in place since 1973, and revision to such standards is required based on demographic, legal and financial changes in the State since that time.  The purpose of the emergency rules is to repeal language in the rules pertaining to variances from approved administrative unit standards while the Department develops recommendations for revised rules establishing new administrative standards in conjunction with a task force formed for that specific purpose.  The intent of the emergency rules is to provide adequate notice to all administrative units that the State Board will maintain the status quo for a short period of time while the proposed rules revisions could be finalized.   The emergency rules are imperatively necessary so that there is no disruption of services in administrative units during the rules revision process and so that the revision to the rules may be carried out in a uniform manner.
2220-R-2.00	DEFINITIONS USED IN THESE RULES
2.01	Act
Act, when used in 34 CFR Parts 300 and 303, means the federal Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. §1400 et seq. (IDEA) as amended.
2.02	Administrative Unit
Administrative Unit (AU) means a school district, board of cooperative services, or the State Charter School Institute, that is providing educational services to exceptional children and that is responsible for the local administration of these Rules. In order to qualify as an administrative unit, school districts and boards of cooperative services shall meet all minimum standards established in Section 3.01 of these Rules. The Charter School Institute shall meet all minimum standards established in Section 3.01 of these Rules. All administrative units shall be approved by the Department of Education. 

2220-R-3.00	ADMINISTRATION
3.01	Standards For Administrative Units
3.01(1)	Minimum standards for special education administrative units.
To qualify as a special education administrative unit, a school district or a board of cooperative services shall satisfy the following standards.
3.01(1)(a)	[Reserved] 3.01(1)(b)	Employment of sufficient instructional and related services staff to identify and evaluate children who are suspected of having a disability, and plan for and provide appropriate services for all children who have been determined to have a disability.
3.01(1)(c)	Employment of a qualified and certificated full-time professional who has the flexibility to function at least half time as director of special education and who has the authority to assure that all the duties and responsibilities of the administrative unit as specified in these Rules are carried out.
3.01(1)(d)	Development and implementation of an approved special education comprehensive plan.
3.01(1)(e)	Accurate completion and submission of all special education student, staff, cost and revenue data on or before dates established by the Department of Education.
3.01(1)(f)	Governance by a board which may be a local school board of education or a Board of Cooperative Educational Services. 
3.01(2)	Every school district and Board of Cooperative Services that provides services to children with disabilities shall be an administrative unit or a part of an administrative unit.
Small districts that do not meet the qualifications of an administrative unit and are not a part of a board of cooperative services shall contract to become part of an approved unit and shall abide by all policies and procedures contained in that unit’s comprehensive plan. Such contract shall be approved by the Department of Education.
3.01(2)(a)	 [Reserved] 
3.01(2)(b)	The administrative unit shall provide special education services to all children with disabilities within its responsibility as defined in Section 8.00 of the Rules.
3.01(3)	[Reserved] 
3.01(4)	[Reserved] 
3.01(4)(a)[Reserved] 
3.01(4)(b)	[Reserved] 3.01(4)(c)	[Reserved] 
3.01(4)(d)	Existing units which do not meet the qualifications and/or for the efficient administration of or provision of services stipulated in these Rules shall be subject to revocation of unit status and loss of all state and federal special education funds. Notice of such revocation shall be in writing from the Department of Education and subject to the appeal process.
3.02	Standards for Eligible Facilities and State Operated Programs [No change]
3.03	Resource Allocation [no change]
2220-R-4.00	CHILD FIND, EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS
4.01	Parental Consent [no change]
4.02	Child Identification Process
4.03	Individualized Education Programs [no change]
2220-R-5.00	REQUIREMENTS FOR FUNDING ELIGIBILITY [no change]
5.02	Administrative Unit Eligibility [ no change]
5.03	State-Operated Program Eligibility [ no change]
5.04	Additional Funding and Reporting Requirements [ no change]
2220-R-6.00	CONFIDENTIALITY OF INFORMATION AND PROCEDURAL SAFEGUARDS - DUE PROCESS PROCEDURES FOR PARENTS AND CHILDREN [no change]
6.02	Procedural Safeguards and Due Process Procedures for Parents and Children [ no change]
2220-R-7.00	COORDINATION BETWEEN SEA AND LEAs [no change]
7.04	(Reserved)
7.05	Monitoring [no change]

7.06	 [Reserved]
7.07	Appeals [no change]