Colorado State Board of Education Rulemaking Hearing
On April 13, 2022, the Colorado State Board of Education adopted changes to the Rules governing Colorado’s Exceptional Children’s Educational Act (ECEA). This information provides a brief overview of the new rules regarding a change in building location and enrollment in schools of choice for students with disabilities. The following changes will be effective on June 30, 2022. Clink on the link below for a PDF of the Factsheet the Colorado Department of Education is providing to inform you of the ECEA rules change.
New Process for Changing Student Assignment to a Building or Campus
A change in building or location that is not a change in educational placement must now include meaningful parent participation and consider the impact of the change on the child’s total educational program. A change in location may be accomplished without convening the child’s IEP Team and does not require reevaluation and prior written notice if the change does not also constitute a change in educational placement. The Special Education Director or designee has the authority to make the final decision about the location where the child’s IEP will be implemented subject to the new requirements for parent input and due consideration of how the change impacts the child’s total educational program.
New Admission and Enrollment Procedures for Public School Choice Options
When a child applies for admission or a transfer through public school choice options, the AU may no longer inquire about the transferring child’s IEP or disability status until after the child has been admitted, unless the transfer is part of a centralized districtwide admissions process. If the transfer is part of a centralized districtwide admission process, the
AU must ensure that it does not use the information collected until after admission has been completed. An AU that uses such a process must also inform the public that a child’s IEP or disability status will not be used as part of the admission process to the school of choice.
The AU continues to be responsible for ensuring that all children within their jurisdiction who are eligible and served through special education receive a free and appropriate public education (FAPE) and, therefore, may convene the child’s IEP team after the child has been admitted to the school of choice to determine if FAPE may be provided at the school of choice. If the IEP team determines that the child’s IEP can not be appropriately implemented at the school of choice, the AU may assign the child to another campus or building where the child’s IEP can be implemented as developed by the IEP team. If the AU assigns the child to another building, it must provide parents with meaningful participation and consider the impact of the location on the child’s total educational program. If the IEP team determines that the parents’ school of choice is not an appropriate educational placement, it must include a specific explanation of its determination in either the IEP or a separate prior written notice that meets the requirements of 34 C.F.R. § 300.503.