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