Code of Colorado Regulations — Department of Education

301 Colorado State Board of Education

1 CCR 301-1 Administration of Statewide Accountability Measures for the Colorado Public School System, Charter School Institute, Public School Districts and Public Schools {#sec-1-ccr-301-1 omnilex-key=us-co-regs-official--department-4--1 CCR 301-1}

Department of Education ADMINISTRATION OF STATEWIDE ACCOUNTABILITY MEASURES FOR THE COLORADO PUBLIC SCHOOL SYSTEM, CHARTER SCHOOL INSTITUTE, PUBLIC SCHOOL DISTRICTS AND PUBLIC SCHOOLS 1 CCR 301-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] 1.0 Statement of Basis and Purpose The statutory basis for these rules is found in section 22-11-101, et seq. C.R.S., the Education Accountability Act of 2009. These rules establish requirements, criteria, and timelines related to the administration of a statewide accountability system to monitor and respond to the performance of Colorado’s statewide education system, including the Charter School Institute, school districts and public schools. 2.0 Definitions 2.01 Accreditation: Certification by the State Board that a School District and the Public Schools of the School District or the Institute and the Institute Charter Schools meet the requirements established by section 22-11-101, et seq., C.R.S., and the rules promulgated thereunder. Accreditation includes the process for accrediting School Districts and the Institute and reviewing the performance of Public Schools as provided in sections 22-11-201 through 22-11-210, C.R.S., and the rules promulgated pursuant thereto. 2.02 Accreditation Contract:

(1) The contract between the State Board and a School District, as described in section 22-11-206, C.R.S. that includes, but is not limited to, the School District’s obligation to manage the accreditation of the Public Schools of the School District consistent with the provisions of Article 11 of Title 22; or (2) The contract between the State Board and the Institute, as described in

section 22-11-206, C.R.S., that includes but is not limited to the Institute’s obligation to manage the accreditation of the Institute Charter Schools consistent with the provisions of Article 11 of Title 22. 2.03 BOCES: A Board of Cooperative Educational Services, as defined by section 22- 5- 103(2), C.R.S. 2.04 Commissioner: The office of the commissioner of education created and existing pursuant to Section 1 of Article IX of the state constitution. 2.05 Department: The department of education created and existing pursuant to

section 24-1-115, C.R.S. 2.06 Demonstration Options: The methods by which a high school student may demonstrate college and career readiness as recommended in the high school graduation guidelines adopted by the State Board pursuant to section 22-2- 106(1)(a.5), C.R.S., and as specifically selected by the Local Board of the school district in which a student is enrolled or by the district charter high school or Institute charter high school in which a student is enrolled. 2.07 Detention Center: A center that addresses the temporary care of a child who requires secure custody in physically restricting facilities pending court disposition or an execution of a court order for placement or commitment. 2.08 Facility: A day treatment center, residential child care facility, or other facility licensed by the Department of Human Services pursuant to section 26-6-104, C.R.S., or a hospital licensed by the Department of Public Health and Environment pursuant to section 25-1.5-103, C.R.S. 2.09 General Education Core Courses: The postsecondary general education core courses in reading, writing, and mathematics identified pursuant to section 23-1- 125(3), C.R.S. 2.10 Improvement Plan:

(1) The plan described in and adopted by a Local Board pursuant to section 22-11-304, C.R.S., in which case it may also be referred to more specifically as a “district improvement plan”;

(2) The plan described in and adopted by the Institute pursuant to section 22- 11-304, C.R.S., in which case it may also be referred to more specifically as an “Institute improvement plan”; or (3) The plan described in and adopted by a Public School pursuant to section 22-11-404, C.R.S., in which case it may also be referred to more specifically as a “school improvement plan.” 2.11 Institute: The State Charter School Institute created pursuant to section 22-30.5- 503, C.R.S. 2.12 Institute Charter School: A charter school that is authorized by the Institute pursuant to the provisions of part 5 of Article 30.5 of Title 22. 2.13 Local Board: The board of education of a School District. “Local Board” also includes the governing board of a BOCES created pursuant to Article 5 of Title 22 if the BOCES is operating a public school. 2.14 Online School: A full-time education school authorized pursuant to Title 22 that delivers a sequential program of synchronous or asynchronous instruction, directed by a teacher, primarily through online digital learning strategies that provide students choice over time, place, and path, and teacher-guided modality, of learning. An online school has an assigned school code and operates with its own administrator, a separate budget, and a complete instructional program. An online school is responsible for fulfilling all reporting requirements and is held to state and federally mandated accountability processes. 2.15 Pathway Plan: The plan described in and adopted by a School District, the Institute or a Public School pursuant to section 22-11-213, C.R.S. For sites that have reached year five on Performance Watch, voluntarily proceed with early accountability action pursuant to sections 22-11-207(5) or –210(1)(d.5), C.R.S., or are returning to the State Board for a rehearing pursuant to sections 22-11- 209(3.5) or –210(5.5)(a), C.R.S., the Pathway Plan serves as the site’s primary strategic improvement document until the site comes off of Performance Watch. 2.16 Performance Indicators: The indicators specified in section 22-11-204, C.R.S., for measuring the performance of the state public education system, including each Public School, each School District, the Institute, and the state as a whole. 2.17 Performance Plan:

(1) The plan described in and adopted by a Local Board pursuant to section 22-11-303, C.R.S., in which case it may also be referred to more specifically as a “district performance plan”;

(2) The plan described in and adopted by the Institute pursuant to section 22- 11-303, C.R.S., in which case it may also be referred to more specifically as an “Institute performance plan”; or (3) The plan described in and adopted by a Public School pursuant to section 22-11-403, C.R.S., in which case it may also be referred to more specifically as a “school performance plan.” 2.18 Performance Watch:

(1) For a School District or the Institute, the period during which the school district or Institute performs at a level that results in being accredited with priority improvement plan or lower, as described in section 22-11- 207(4)(a), C.R.S.; and (2) For a Public School, the period during which the public school performs at a level that results in being required to adopt a priority improvement or turnaround plan, as described in section 22-11-210(1)(d)(I), C.R.S. 2.19 Priority Improvement Plan:

(1) The plan described in and adopted by a Local Board pursuant to section 22-11-305, C.R.S., in which case it may also be referred to more specifically as a “district priority improvement plan”;

(2) The plan described in and adopted by the Institute pursuant to section 22- 11-305, C.R.S., in which case it may also be referred to more specifically as an “Institute priority improvement plan”; or (3) The plan described in and adopted by a Public School pursuant to section 22-11-405, C.R.S., in which case it may also be referred to more specifically as a “school priority improvement plan.” 2.20 Public School: Has the same meaning as provided in section 22-1-101, C.R.S., and includes, but is not limited to, a district charter school, an Institute charter school, and an online school, as defined in section 22-30.7-102(9.5), C.R.S. 2.21 Quality Early Childhood Program: An early childhood program that has been rated as a 3, 4, or 5 by the Colorado Shines Rating System, accredited by the National Association for the Education of Young Children, or other similar agency as designated by the Department. 2.22 School District or District: A school district authorized by Section 15 of Article IX of the state constitution and organized pursuant to Article 30 of Title 22. “School District” also includes a BOCES created pursuant to Article 5 of Title 22 if it is operating a public school. 2.22 State Board: The State Board of Education established pursuant to Section 1 of

Article IX of the state constitution. 2.23 State-Operated Program: An approved school program supervised by the Department and operated by the Colorado School for the Deaf and Blind, the Department of Corrections, or the Department of Human Services, including but not limited to the Division of Youth Corrections and the Colorado Mental Health Institutes. 2.24 SchoolView: The Internet-based electronic data delivery system developed and maintained by the Department pursuant to section 22-11-502, C.R.S. 2.25 State Review Panel: The panel of education experts appointed by the Commissioner pursuant to section 22-11-205, C.R.S., to assist the Department and the State Board in implementing the provisions of Article 11 of Title 22. 2.26 Statewide Assessments: The assessments administered pursuant to section 22- 7- 1006.3, C.R.S. 2.27 Student Group: The grouping of students based on sex, socioeconomic status, race and ethnicity, disability, English language proficiency and gifted and talented status, as said groups are defined by State Board rule or federal requirements, and any additional student groups that the State Board may describe by rule to align with changes to federal requirements or to provide additional data for analysis of student learning. 2.28 Turnaround Plan:

(1) The plan described in and adopted by a Local Board pursuant to section 22-11-306, C.R.S., in which case it may also be referred to more specifically as a “district turnaround plan”;

(2) The plan described in and adopted by the Institute pursuant to section 22- 11-306, C.R.S., in which case it may also be referred to more specifically as an “Institute turnaround plan”; or (3) The plan described in and adopted by a Public School pursuant to section 22-11-406, C.R.S., in which case it may also be referred to more specifically as a “school turnaround plan.” 3.0 Statewide Performance Indicators and Annual Targets 3.01 The State Board shall annually review the performance of the statewide public education system, including but not limited to reviewing the success of each Public School, each District, and the Institute on the four Performance Indicators of student academic achievement, student longitudinal academic growth, student academic growth to standards, and postsecondary and workforce readiness. 3.02 The State Board shall annually set, reaffirm or revise, as appropriate, ambitious but attainable targets for the measures used to determine success on the Performance Indicators. These targets shall be adopted in accordance with the requirements of section 22-11-201, C.R.S., by no later than November 15th of each year, or as soon as possible thereafter when new metrics are established or existing metrics are revised. Within 15 days of adopting such targets, the State Board shall publish the targets on SchoolView. In order to allow Public Schools, Districts, and the Institute the opportunity to make improvement towards consistent and predictable targets, the State Board is encouraged to keep targets the same for at least three years before revising them. 3.03 Student academic achievement shall be calculated as follows:

(1) The calculation shall be based on students’ academic performance relative to the grade-level state standards adopted pursuant to section 22- 7- 1005, C.R.S., as measured by performance on the Statewide Assessments, while protecting the privacy of individual students;

(2) The calculation shall include consideration of the academic achievement of students enrolled in third and fourth grade who are identified as having significant reading deficiencies pursuant to section 22-7-1205, C.R.S., and provide additional credit for a Public School, District, or the Institute if it demonstrates higher levels of performance on the state reading assessment or the statewide English language arts assessment by said students; and (3) The calculation shall account separately for the performance of each 3.04 Student longitudinal academic growth shall be calculated as follows:

(1) The calculation shall be based on students’ academic progress on Statewide Assessments across school years and relative to students with similar assessment score histories, aggregated at the Public School-, District-, or Institute-level; and (2) The calculation shall account separately for the performance of each 3.05 Student academic growth to standards shall be calculated as follows:

(1) By no later than November 1st of each year, the Department shall calculate, to the extent practicable, what will constitute adequate longitudinal academic growth for each student for that school year in each subject that is included in the Statewide Assessments;

(2) The calculation shall be based on students’ academic growth to standards, compared to incremental targets towards meeting grade-level expectations for students who are not yet meeting expectations, and maintaining or increasing performance for students who are already meeting or exceeding grade-level expectations; and (3) The calculation shall account separately for the performance of each 3.06 Postsecondary and workforce readiness shall be calculated as follows:

(1) The calculation shall include the percentage of students enrolled in the eleventh grade in each public high school, each District, and the Institute who score at each achievement level on the standardized, curriculumbased, achievement, college entrance examination administered as a Statewide Assessment or the percentage of students enrolled in each of the grade levels included in each public high school, each District, and the Institute who scores at each achievement level on the assessments administered pursuant to section 22-7-1006.3, C.R.S.

(2) As soon as the data is available, the calculation shall include the percentage of students graduating from each public high school, each District, and the Institute who receive a diploma that includes a postsecondary and workforce readiness endorsement, as described in

section 22-7-1009(1), C.R.S., and the percentage who receive a diploma that includes an endorsement for exemplary demonstration of postsecondary and workforce readiness, as described in section 22-7- 1009(2), C.R.S.;

(3) The calculation shall include the student dropout rate and the student graduation rate, as defined by section 12.00 of these rules;

(4) The calculation shall include the percentage of students graduating from each public high school, each District, and the Institute who, in the year immediately following graduation from high school, enroll in a career and technical education program, community college, or four-year institute of higher education. As soon as the data is available, the calculation shall also include the percentage of students graduating from each public high school, each District, and the Institute who, in the year immediately following high school enlist in the military. Each of the postsecondary enrollment options listed in this subparagraph (4) shall be weighted equally;

(5) The calculation shall include the percentage of students enrolled in each public high school who demonstrate college and career readiness, based on the Demonstration Options in English language arts and math available to the students enrolled in the public high school, District, or Institute, at the higher achievement level adopted by the State Board that indicates a student is prepared, without needing remediation, to enroll in General Education Core Courses;

(6) The calculation shall include the percentage of students enrolled in each public high school, each District, and the Institute who successfully complete an advanced placement course in a subject other than English language arts or math and earn a score of three or higher on the end-ofcourse advanced placement exam, the percentage of students who successfully complete a concurrent enrollment course in a subject other than English language arts or math and earn a grade of “B” or higher in the course, and the percentage of students who successfully complete an international baccalaureate course in a subject other than English language arts or math and earn a score of four or higher;

(7) The calculation shall account separately for the performance of each Schools, Districts, and the Institute; and (8) The Department may modify these calculations in order to protect the privacy of individual students. 4.0 District and Institute Accountability Processes: Accreditation Contracts 4.01 Within 60 days of the Commissioner determining a final Accreditation category for a District, the Commissioner and State Board shall enter into an Accreditation Contract with that District’s Local Board. Within 60 days of the Commissioner determining a final Accreditation category for the Institute, the Commissioner and State Board shall enter into an Accreditation Contract with the Institute board. 4.02 Each Contract shall have a term of one year and shall be automatically renewed each year so long as the District or the Institute remains in the Accreditation category of Accredited with Distinction or Accredited. 4.03 The parties to the Contract may renegotiate the Contract at any time during the term of the Contract, based upon appropriate and reasonable changes in circumstances upon which the original terms and conditions of the Contract were based. 4.04 Each Contract, at a minimum, must address the following elements:

(1) The District’s or Institute’s level of attainment on the Performance Indicators, as determined pursuant to section 22-11-204, C.R.S.;

(2) The District’s or the Institute’s adoption and implementation of its Performance Plan, Improvement Plan, Priority Improvement Plan or Turnaround Plan, whichever is appropriate based on the District’s or Institute’s Accreditation category;

(3) The District’s implementation of its system for accrediting the District Public Schools or the Institute’s implementation of its system for accrediting the Institute Charter Schools, which system shall emphasize school attainment of the four Performance Indicators, and may, in the Local Board’s or Institute board’s discretion, include additional Accreditation indicators and measures adopted by the District or Institute;

(4) The District’s or Institute’s system for accrediting Public Schools that meet the definition of an Online School, which system shall emphasize school attainment of the four Performance Indicators, as well as the extent to which the Public School has met the quality standards outlined in section 22-30.7-105, C.R.S. and made progress in implementing any corrective actions required pursuant to section 22-30.7-103(3)(m), C.R.S., and may, in the Local Board’s or Institute Board’s discretion, include additional Accreditation indicators and measures adopted by the District or Institute;

(5) The District’s or the Institute’s substantial and good-faith compliance with the provisions of Title 22 and other statutory and regulatory requirements applicable to Districts or the Institute. 4.05 For purposes of monitoring a District’s or the Institute’s substantial and good-faith compliance with the provisions of Title 22 and other statutory and regulatory requirements, each Contract must include the following:

(1) An assurance that the District or Institute is in compliance with budgeting, accounting, and financial reporting requirements set forth in section 22-44- 101, et seq. C.R.S., and section 22-45-101, et seq. C.R.S.;

(2) For Districts, an assurance that the District is in compliance with the provisions of section 22-32-109.1, C.R.S., concerning school safety, and the Gun-Free Schools Act, 20 U.S.C. 7961;

(3) For Districts, an assurance that the District and the District’s Public Schools are in substantial, good-faith compliance with all statutory and regulatory requirements that apply to Districts;

(4) For the Institute, an assurance that the Institute and the Institute’s charter schools are in substantial, good-faith compliance with statutory and regulatory requirements that apply to the Institute; and (5) An assurance that the District and the District Public Schools or the Institute and the Institute Charter Schools are in compliance with the assessment provisions set forth in section 22-7-1013(8), C.R.S., including:

(A) An assurance that the District and District Public Schools or the Institute and Institute Charter Schools will not impose negative consequences— including prohibiting school attendance, imposing an unexcused absence, or prohibiting participation in extracurricular activities—on a student or parent if the parent excuses his or her student from participating in a Statewide Assessment. If a parent excuses his or her student from participating in a Statewide Assessment, the District and the District Public Schools or the Institute and the Institute Charter Schools will not prohibit the student from participating in an activity, or receiving any other form of reward the District or District Public Schools or the Institute or Institute Charter Schools provide to students for participating in the Statewide Assessment; and (B) An assurance that the District and District Public Schools or the Institute and Institute Charter Schools will not impose an unreasonable burden or requirement on a student that would discourage the student from taking a Statewide Assessment or encourage the student’s parent to excuse the student from taking the Statewide Assessment. 4.06 For purposes of monitoring a District’s or the Institute’s compliance with its Contract, the Department may request information or conduct site visits as needed. 4.07 If the Department has reason to believe that a District or the Institute is not in substantial compliance with one or more of the applicable statutory or regulatory requirements, the Department shall notify the Local Board or the Institute board that it has ninety (90) days after the date of notice to come into compliance. If, at the end of the ninety (90) day period, the Department finds that the District or the Institute is not substantially in compliance with the applicable statutory or regulatory requirements, meaning that the District or Institute has not yet taken the necessary measures to ensure that it will meet the applicable legal requirements as soon as practicable, the District or the Institute may be subject to the interventions specified in sections 22-11-207 through 22-11-210, C.R.S. 5.0 District and Institute Accountability Processes: Accreditation Ratings 5.01 The Department shall assign Districts and Institute to the following Accreditation categories:

(1) Accredited with Distinction, meaning the District or Institute meets or exceeds the statewide targets or targets annually set by the District or the Institute or exceeds statewide attainment on the Performance Indicators and is required to adopt and implement a Performance Plan as described in section 22-11-303, C.R.S.;

(2) Accredited, meaning the District or Institute meets statewide attainment on the Performance Indicators and is required to adopt and implement a Performance Plan as described in section 22-11-303, C.R.S.;

(3) Accredited with Improvement Plan, meaning the District or Institute is required to adopt and implement an Improvement Plan as provided in

section 22-11-304, C.R.S.;

(4) Accredited with Priority Improvement Plan, meaning the District or Institute is required to adopt and implement a Priority Improvement Plan as provided in section 22-11-305, C.R.S.

(5) Accredited with Turnaround Plan, meaning the District or the Institute is required to adopt, with the Commissioner’s approval, and implement a Turnaround Plan as provided in section 22-11-306, C.R.S.

(6) Insufficient State Data, meaning the District or Institute is required to adopt and implement: an Improvement Plan, if it was previously assigned to Accredited with Distinction, Performance Plan or Improvement Plan; a Priority Improvement Plan, if it was previously assigned to Accredited with Priority Improvement Plan; or a Turnaround Plan, if was previously assigned to Accredited with Turnaround Plan because it did not have sufficient data to either:

(A) publicly report data, including data for each Performance Indicator, while protecting the privacy of students; or (B) adequately represent the District’s or Institute’s total student population because it reflects scores from less than 25 percent of students in tested grades.

When data reflects scores from less than 25 percent of students in combined tested grades in either ELA or Math, the accreditation category will specify “Insufficient State Data – Low Participation” and the District or Institute will be subject to the corrective action plan requirements specified in section 22-11-208(5), C.R.S.

If the District or Institute was previously assigned to a Priority Improvement or Turnaround Plan and was on Performance Watch, the District or Institute will remain on Performance Watch but will not include the current year in the calculation of the consecutive years of low performance described in section 22-11-207(4)(a), C.R.S.; or (7) Unaccredited. 5.02 By no later than August 31st of each year, the Department shall provide an initial assignment to each District and the Institute into one of the Accreditation categories listed above. 5.03 In determining an initial accreditation category for each District and the Institute, the Department shall apply the following criteria:

(1) The District’s or Institute’s level of attainment of the statewide targets on the Performance Indicators, calculated in accordance with section 3.0 of these rules.

(A) The Department shall determine whether the District or Institute exceeds, meets, approaches or does not meet statewide targets for each Performance Indicator.

(B) If a Local Board or the Institute board chooses not to endorse a high school diploma as described in section 22-7-1009(2), C.R.S., the District or Institute will not be penalized for such choice when it is assigned to an Accreditation category.

(C) In evaluating the level of attainment on student dropout and graduation rates, the Department, to the extent practicable, shall ensure that Districts and the Institute are not penalized for reengaging students and ensuring that all students successfully graduate;

(2) The District’s or the Institute’s level of attainment of the Performance Indicators compared with statewide attainment of the Performance Indicators;

(3) The District’s or Institute’s compliance with the other requirements specified in its Accreditation Contract;

(4) The percentage of students enrolled in the District or Institute who are not tested on the Statewide Assessments; and (5) The District’s or Institute’s failure to administer Statewide Assessments in a standardized and secure manner so that resulting assessment scores are reflective of independent student performance. The Commissioner shall determine whether a District or Institute has failed to administer statewide assessment results in a standardized and secure manner so that resulting assessment scores are reflective of independent student performance and whether the failure was pervasive and egregious enough to warrant a change in the District’s or Institute’s Accreditation rating. If the District or Institute otherwise would have been assigned to Accredited with Distinction, Accredited with Performance Plan, or Accredited with an Improvement Plan, it instead may be assigned to Accredited with Priority Improvement Plan. If the District or Institute otherwise would have been assigned to Accredited with Priority Improvement Plan, it instead may be assigned to Accredited with Turnaround Plan. 5.04 When applying the criteria above to determine an initial Accreditation category for each District and the Institute, the Department shall place the greatest emphasis on attainment of the Performance Indicators. When evaluating attainment of the Performance Indicators, the Department shall place the greatest emphasis on student longitudinal academic growth and postsecondary and workforce readiness. 5.05 To accommodate the special circumstances of those Districts that include only a single Public School, the Commissioner may elect to apply the criteria for evaluating the performance of Public Schools, as described in section 8.02 of these rules, when evaluating such a District. 5.06 On or before the date that the Department notifies each District or the Institute of its initial Accreditation category, the Department shall also provide the data used by the Department to conduct its analysis of the District’s or Institute’s performance. 5.07 If a District or the Institute disagrees with the Department’s initial Accreditation assignment, the District or Institute may submit to the Department a request for reconsideration. Such request must be submitted within eight weeks of receiving notice of the Department’s initial Accreditation assignment. Such request must include an assurance that the District or Institute has complied with requirements for assessment participation policies under section 22-7-1013(8)(c), C.R.S. 5.08 Upon receiving a request to reconsider, the Department shall take the following information into account in determining the District’s or Institute’s final accreditation rating:

(1) When available, achievement data from a nationally-normed assessment other than a Statewide Assessment and from a grade or subject that is not tested on a Statewide Assessment, if the Department has determined that the supplemental data is valid and reliable and derived from assessments that are aligned with the state standards adopted pursuant to section 22-7- 1005, C.R.S. Such data must be representative of the applicable population, meaning that ninety-five (95) percent or more of the applicable population was tested. The Department shall separately account for the performance of each Student Group when evaluating both assessment results and participation rates;

(2) When available, growth analysis of the type of achievement data described in subparagraph (1) above;

(3) Analysis of the length of time for which the District or Institute has been unable to meet the statewide targets on the Performance Indicators;

(4) The progress the District or Institute is making in improving its performance and in approaching achievement of the statewide targets and the degree to which the District or Institute is not achieving the statewide targets;

(5) When available, measures of postsecondary and workforce readiness other than the measures described in section 3.06 of these rules when the data used for such measures is representative of at least ninety-five (95) percent of the applicable student population, as determined by the Department. This may include the percentages of students enrolled in a high school who, based on attainment of course credits or demonstrated competencies, are on schedule to graduate within four, five, six, or seven years;

(6) Where applicable, the performance of students enrolled in the District’s or Institute’s alternative education campuses that have received a designation pursuant to section 22-7-604.5, C.R.S. The performance of these students shall be evaluated based on the following:

(A) Whether removing the data for students enrolled in the campus(es) from the calculations of the District’s or Institute’s attainment of the Performance Indicators would otherwise cause the District or Institute to receive a higher Accreditation rating; and (B) Whether the campus(es) either:

(I) Has/have been assigned by the State Board to implement a School Performance Plan on the alternative education campus school performance frameworks; or (II) No longer serve(s) students.

(C) Whether, if the District or Institute serves only Alternative Education Campus(es), the calculations of the District’s or Institute’s attainment of the Performance Indicators on the Alternative Education Campus School Performance Framework would allow the District or Institute to receive a higher Accreditation rating;

(7) If the District or Institute has participation rates below eighty-five (85) percent on the Statewide Assessments, data showing how the students who participated in the Statewide Assessments are not representative of the District’s or Institute’s total population;

(8) If the District or Institute was lowered one Accreditation-level rating due to low student participation in Statewide Assessments, information concerning whether the District or Institute historically has attained ninetyfive (95) percent participation rates, inadvertent test misadministration occurred, or the District or Institute has a particularly small student population; Whether the District or Institute authorized a Public School with a Priority Improvement or Turnaround Plan type assignment and that Public School was closed or not reauthorized by the District or Institute;

(9) The extent to which the District or Institute has been subject to an event that has caused significant disruption during the school year, including but not limited to acts of violence, the death of students or staff, or natural disasters such as fire, flood, earthquake, avalanche or tornado. 5.09 When evaluating the information described above, the Department may accommodate systems with small student populations by allowing exceptions to the participation rate requirements described in section 5.08 of these rules and may allow the District or Institute to submit data for multiple years. 5.10 By no later than December 30th of each school year, the Department shall determine a final Accreditation category for each District and the Institute and shall notify the District or Institute of the Accreditation category to which it has been assigned. 5.11 If a District or the Institute receives a final Accreditation category assignment of Accredited with Priority Improvement Plan or Accredited with Turnaround Plan, it has the right to appeal the Department’s determination before the State Board.

(1) Within ten (10) days of receiving notification of the Department’s final Accreditation category assignment, the District or Institute shall provide written notice to the State Board Office that the District or Institute wishes to appeal the Accreditation category assignment.

(2) Within ten (10) days of receiving the notice of appeal, the State Board Office shall provide a scheduling notification to the District or Institute in writing. The scheduling notification shall provide the date of the next regularly scheduled State Board meeting. After conferring with the District or the Institute, the State Board Office shall include in the scheduling notification the filing deadlines for the appeal. The deadlines set forth below in this section 5.11 of these rules may be modified by agreement between the Department and the District or Institute with approval of the State Board Office.

(3) Within fifteen (15) days of receipt of the scheduling notification, the District or Institute shall file a position statement setting forth the specific grounds for the assertion that the District or Institute should not be placed in the category of Accredited with Priority Improvement Plan or Accredited with Turnaround Plan. The District or the Institute shall provide a copy of the position statement to the Department.

(4) Within fifteen (15) days of the date the position statement is filed with the State Board, the Department may file a Response to the position statement and provide a copy of the position statement to the District or Institute.

(5) The District or Institute shall file all relevant documents pertaining to the placement of the District or Institute in the category of Accredited with Priority Improvement Plan or Accredited with Turnaround Plan, which may include:

(A) Written documents issued by the Department placing the District or Institute in the category of Accredited with Priority Improvement Plan or Accredited with Turnaround Plan;

(B) Written correspondence between the District or Institute and the Department concerning Accreditation; and (C) Any other documents, reports, correspondence and other written or electronic materials related to the matters at issue.

(6) The State Board shall hold a hearing on the matter at the earliest possible regularly scheduled board meeting.

(7) The State Board shall issue a written order regarding the District’s or Institute’s final Accreditation category within thirty (30) days of the date of the hearing and provide a copy to the Local Board or Institute board and the Department. 6.0 District and Institute Accountability Processes: Contents of District and Institute Plans and Timelines for Adoption, Review, and Publication of Plans 6.01 Each Local Board and the Institute board shall adopt a plan for improving student performance, which plan shall align with the District’s or Institute’s final Accreditation rating. If assigned to Accredited with Distinction or Accredited, the Local Board or Institute board shall adopt a Performance Plan. If assigned to Accredited with Improvement Plan, the Local Board or Institute board shall adopt an Improvement Plan. If assigned to Accredited with Priority Improvement Plan, the Local Board or Institute board shall adopt a Priority Improvement Plan. If assigned to Accredited with Turnaround Plan, the Local Board or Institute board shall adopt a Turnaround Plan. If assigned to “Insufficient State Data,” the Local Board or Institute shall adopt: an Improvement Plan, if it was previously assigned to Accredited with Distinction, Performance Plan or Improvement Plan; a Priority Improvement Plan, if it was previously assigned to Accredited with Priority Improvement Plan; or a Turnaround Plan, if was previously assigned to Accredited with Turnaround Plan . As required by section 22-11-208(5), C.R.S., if assigned to “Insufficient State Data” - Low Participation,” the District or Institute shall incorporate the corrective action requirements into the adopted plan. If assigned to “Insufficient State Data – Low Participation” for three consecutive years, the District or Institute shall present its plan to the State Board. 6.02 Each District and Institute plan shall:

(1) Reflect on the targets that were set by the District or Institute in its prior plan;

(2) Set, reaffirm, or revise, as appropriate, ambitious but attainable targets that the District, including District public schools, or the Institute, including Institute charter schools, shall attain on the Performance Indicators. The targets shall be aligned with the statewide targets set by the State Board, as described in section 3.02 of these rules. These targets must include targets that the District, including the District public schools, or the Institute, including the Institute charter schools, shall attain in reducing the number of students who are identified, pursuant to section 22-7-1205, C.R.S., as having significant reading deficiencies and in ensuring that each student achieves grade-level expectations in reading;

(3) Identify positive and negative trends for District public schools as a group and individually or for Institute charter schools as a group and individually in the levels of attainment by the public schools as a group and individually on the Performance Indicators, including a description of how the District or Institute will provide differentiated supports for the District’s or Institute’s schools that are on Performance Watch;

(4) Assess and prioritize the District’s or Institute’s most significant student performance challenges;

(5) Assess and prioritize the root causes of any low-performance for the District and for the individual District public schools or for the Institute and for the individual Institute charter schools that must be addressed to raise the levels of attainment on the Performance Indicators by the District public schools or the Institute charter schools and to improve school readiness in District public schools or Institute charter schools that serve students in preschool and kindergarten. For a District’s Priority Improvement Plan or Turnaround Plan, if the District or Institute authorizes a public school that is operating under a Priority Improvement or Turnaround Plan and enrolls students in preschool, kindergarten, or any of grades one through three, the needs assessment shall include, but shall not be limited to, the early childhood learning needs assessment described in section 22-11-305(4), C.R.S;

(6) Identify specific, research-based strategies to address the District’s or Institute’s root causes of any low-performance, including strategies to address the needs of students enrolled in kindergarten and first, second, and third grade who are identified pursuant to section 22-7-1205, C.R.S., as having significant reading deficiencies.

For a District Turnaround Plan, such strategies shall, at a minimum, include one or more of the following:

(A) Employing a lead turnaround partner that uses research-based strategies and has a proven record of success working with schools under similar circumstances, which turnaround partner shall be immersed in all aspects of developing and collaboratively executing the Turnaround Plan and shall serve as a liaison to other school partners;

(B) Reorganizing the oversight and management structure within the District or the Institute to provide greater, more effective support for public schools;

(C) For a District, recognizing individual District public schools as innovation schools or clustering District public schools with similar governance or management structures into one or more innovation school zones and seeking designation as a District of innovation pursuant to Article 32.5 of Title 22;

(D) Hiring an entity that uses research-based strategies and has a proven record of success working with schools under similar circumstances to operate one or more District public schools or Institute charter schools pursuant to a contract with the Local Board or the Institute;

(E) For a District, converting one or more District public schools to charter schools;

(F) For the Institute, renegotiating and significantly restructuring an Institute charter school’s charter contract;

(G) Closing District public schools or Institute charter schools; and (H) Other actions of comparable or greater significance or effect;

(7) Identify the local, state and federal resources that the District or the Institute will use to implement the identified strategies with fidelity. For any Priority Improvement Plan or Turnaround Plan, identify budget allocations to support the needs of the District’s or Institute’s schools and create a financial sustainability plan, which must include but is not limited to salaries, facility costs, curriculum costs, and operational costs;

(8) Identify implementation benchmarks and interim measures that the District or the Institute will use to evaluate whether the identified strategies are carried out with fidelity and whether to adjust practice;

(9) For any Priority Improvement or Turnaround Plan that a District or the Institute adopts for the fourth year in which the District or Institute is on Performance Watch, include a general explanation for how the District or Institute may put into effect each of the actions described in section 22-11- 209(2)(a)(I), C.R.S., for a District or section 22-11- 209(2)(a)(II), C.R.S., for the Institute;

(10) For a District:

(A) Identify the core and supplemental reading curriculum used at each grade level including kindergarten (for each of the District public schools that includes a kindergarten educational program), which core and supplemental reading curriculum must be designed around teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension;

(B) Identify the targeted, evidence-based or scientifically based core and supplemental reading instructional programs and intervention reading instruction, services, and other supports, including those available through the multi-tiered systems of supports or a comparable intervention system that each District public school provides to students who are identified as having a significant reading deficiency or as reading below grade level;

(C) Identify the assessments that each District public school uses at each grade level to meet the requirements specified in section 22- 7- 1205(1), C.R.S.; and (D) If the District public school receives and uses per-pupil intervention money, or money received through the early literacy grant program for professional development, the plan for providing the professional development, which development must be targeted, evidence based or scientifically based, and aligned with the instruction, services, and other supports provided to students who are identified as having a significant reading deficiency or as reading below grade level.

(11) If a District or the Institute is required to address corrective action requirements pursuant to section 22-11-208(5), C.R.S., the plan shall consider how the District or Institute will create conditions to educate parents and guardians on the importance of student participation in state assessments, explain the effects of low participation rates on state assessments, and encourage student participation in assessments, as well as identify how the corrective action requirements will be monitored and reported to the State Board on a biennial basis for as long as the designation of Insufficient State Data – Low Participation remains in effect.

(12) Address any other issues raised by the Department through the Accreditation process described in sections 4.00 and 5.00 of these rules.

(13) In any year that a School District or the Institute is required to adopt a Pathway Plan as provided in section 22-11-213, C.R.S., the Department is authorized to reduce the obligations and modify the applicable deadlines related to sections 6.02 or 6.03 of these rules to ensure that the School District or the Institute can appropriately focus on and prioritize the creation of its Pathway Plan. 6.03 If a District or the Institute receives an initial accreditation rating of Accredited with a Priority Improvement Plan or Accredited with a Turnaround Plan, the Local Board or the Institute board shall adopt the Priority Improvement Plan or Turnaround Plan and submit it to the Department by no later than October 15th, unless one of the following exceptions applies; if the District or the Institute submits a request for the Department to reconsider an initial accreditation rating, appeals the Department’s accreditation rating before the State Board, or has not previously adopted a Priority Improvement Plan or Turnaround Plan, then the Local Board or the Institute Board shall adopt and submit its plan to the Department by no later than January 15th.

(1) For a Priority Improvement Plan, the Commissioner shall review the plan and may assign the State Review Panel to critically evaluate the plan, which may include one or more site visits, as described in section 22-11- 208(3), C.R.S. The Commissioner may recommend modifications to the plan. If the Commissioner recommends modifications to the plan and the Local Board or Institute board revises the plan, the Local Board or Institute board shall submit such updated plan by a date negotiated between the District or Institute and the Department and no later than three months after receiving recommendations from the Commissioner. The Department shall post each plan on SchoolView within two weeks of receiving it.

(2) For a Turnaround Plan, the Commissioner shall review the plan and may assign the State Review Panel to critically evaluate the plan, which may include one or more site visits, as described in section 22-11-208(3), C.R.S. The Commissioner may suggest modifications to the plan. If the Commissioner suggests modifications to the plan, the Local Board or Institute board shall revise the plan and resubmit an updated plan for approval by a date negotiated between the District or Institute and the Department and no later than three months after receiving suggestions from the Commissioner. The Department shall post each plan on SchoolView within two weeks of receiving it. 6.04 A District or the Institute shall adopt a Pathway Plan as described in section 22- 11-213, C.R.S., when:

(1) The District or the Institute voluntarily proceeds, as described in section 22-11-207(5), C.R.S., in the third or fourth year of Performance Watch, with a request to the State Board to direct a significant action;

(2) The District or the Institute enters the fifth year on Performance Watch; or (3) The District or the Institute returns to the State Board for a hearing based on a prior order of the State Board, as described in section 22-11- 209(3.5), C.R.S. 6.05 If a School District or the Institute is required to adopt a Pathway Plan as provided in section 22-11-213, C.R.S., and appear before the State Board for a hearing, the Local Board or the Institute Board shall adopt the Pathway Plan and submit it to the Department by no later than the submission deadline set in the scheduling notification from the State Board Office, as contemplated in section 7.04 of these rules. 6.06 A Pathway Plan submitted pursuant to section 6.04 of these rules must, at minimum, include:

(1) Identification of the proposed accountability pathway(s) from the list set forth in section 22-11-209(2)(a), C.R.S., and the supporting rationale for the proposal;

(A) If the Pathway Plan identifies the district-proposed alternative pathway contemplated by section 22-11-209(2)(a)(I)(G), C.R.S., for a School District, or section 22-11-209(2)(a)(II)(D), C.R.S., for the Institute, then the Plan must also satisfy the requirements described in section 6.07 of these rules;

(2) A rigorous analysis of student performance and system-level data to identify root causes and priority challenges;

(3) Clearly defined, research-based strategies to facilitate improvement;

(4) An action and implementation plan with a detailed timeline, short-cycle benchmarks, and annual targets for progress monitoring;

(5) A financially sustainable budget, aligned with the Pathway Plan’s priorities, demonstrating how available funds, including grant funds, will be allocated to support the start-up and recurring expenses necessary for the Plan’s success, which may include salaries, facility costs, curriculum costs, or operational costs;

(A) If the proposed budget includes the use of non-recurring grant funds, the Pathway Plan must also explain how the improvements funded by such grants will be sustained after those funds have been exhausted; this may include identifying future funding sources or operational adjustments necessary for long-term sustainability;

(6) A description of how the District or the Institute will support implementation of the Pathway Plan, such as through progress monitoring, leadership development, and accountability structures; and (7) Documentation of meaningful engagement with stakeholders, including educators, students, families, community stakeholders, the school district accountability committee created in section 22-11-301, C.R.S., and, when relevant, the school accountability committee created in section 22-11- 401, C.R.S., and any local collective bargaining groups or employee organizations, as defined in section 29-33-103, C.R.S., that represent educators.

(8) For a School District or the Institute returning to the State Board for a rehearing pursuant to section 22-11-209(3.5), C.R.S., the Pathway Plan must also include:

(A) An analysis of why the actions previously directed by the State Board have not sufficiently improved outcomes to remove the School District or the Institute from performance watch; and (B) An explanation of how the current proposal builds upon those prior actions and includes specific strategies to overcome identified barriers to achieve greater improvement. 6.07 In addition to the requirements of section 6.06 of these rules, Pathway Plans utilizing the district-proposed alternative pathway contemplated by section 22-11- 209(2)(a)(I)(G), C.R.S., for a School District, or section 22-11-209(2)(a)(II)(D), C.R.S., for the Institute, must also:

(1) Provide a detailed description of the specific actions being proposed;

(2) Include a rationale for how the proposed actions are comparable to or will have a more significant impact than the other statutory pathways listed in

section 22-11-209(2)(a)(I)(A)-(F), C.R.S., for a School District, or section 22-11-209(2)(a)(II)(A)-(C), C.R.S., for the Institute; and (3) Identify implementation risks, if any, as well as contingency strategies to mitigate such risks. 6.08 If a District or the Institute receives an initial accreditation rating of Accredited with Distinction, Accredited, Accredited with Improvement Plan or Insufficient State Data and is on Performance Watch, the Local Board or the Institute board shall adopt and submit its required plan to the Department by no later than October 15th, unless the District or the Institute submits a request for the Department to reconsider an initial Accreditation rating, whereby the Local Board or the Institute Board shall adopt and submit its plan to the Department by no later than January 15th. The Commissioner may recommend modifications to the plan. If the Commissioner recommends modifications to the plan and the Local Board or Institute board revises the plan, the Local Board or Institute board shall submit such updated plan by a date negotiated between the District or Institute and the Department and no later than three months after receiving recommendations from the Commissioner. The Department shall post each plan on SchoolView within two weeks of receiving it. 6.09 If a District or the Institute receives an initial accreditation rating of Accredited with Distinction, Accredited, Accredited with Improvement Plan or Insufficient State Data and is not on Performance Watch, the Local Board or the Institute board shall adopt and submit its required plan to the Department by no later than October 15th unless the District or the Institute submits a request for the Department to reconsider an initial accreditation rating, whereby the Local Board or the Institute Board shall adopt and submit its plan to the Department by no later than January 15th. The Department shall post each plan on SchoolView within two weeks of receiving it. 6.10 Immediately after submitting a final plan to the Department, the Local Board or the Institute board shall begin to implement the plan. 6.11 So long as a District or the Institute maintains the status of Accredited or Accredited with Distinction, the Local Board or Institute board may adopt and submit a District Performance Plan every two years. This flexibility shall not apply to any district on Performance Watch. Regardless of whether a Performance Plan is submitted only every two years, each District must submit to the Department, annually, the information described in subsection 6.02(10) of these rules. 6.12 A District with 1,000 students or fewer may submit a single plan to satisfy both the District plan requirements and any public school plan requirements, so long as the plan meets all state and federal requirements for the District and public schools included in the plan. A District with more than 1,000 but fewer than 1,200 students may, upon request and at the Department’s discretion, submit a single plan to satisfy the District plan requirements and any public school plan requirements, so long as the plan meets all state and federal requirements. A District that is authorized to submit a single plan and that, as described in section 6.11 of these rules, is also authorized to submit a two-year plan may submit a single plan to satisfy both District and public school requirements only if each of the public schools that is included in the plan also are authorized, as described in

section 9.12 of these rules, to submit a two-year Performance Plan. 7.0 District and Institute Accountability Processes: Directed Action and Removal of Accreditation 7.01 If a District or the Institute is Accredited with a Turnaround Plan and the Department determines that the District or Institute has failed to make substantial progress under its Turnaround Plan or if the District or Institute has been on Performance Watch for the full five (5) years, the Commissioner shall assign the State Review Panel to critically evaluate the District's or the Institute's performance. The Department shall exclude a District’s or the Institute’s Accreditation rating for the 2020-21, 2021-22, and 2022-23 school years from the calculation of five (5) years. However, if a District or the Institute submits a request for reconsideration in the fall of 2022 and it is approved by the Department, the District’s or Institute’s 2022-23 Accreditation rating may be factored into the calculation of five (5) years. The State Review Panel will recommend one or more of the following actions:

(1) If the recommendation applies to a District:

(A) That the District's accreditation be removed;

(B) That the District be reorganized pursuant to Article 30 of this Title 22, which reorganization may include consolidation;

(C) That a private or public entity, with the agreement of the District serve as a lead partner in the management of the District or partially or wholly manage one or more of the District Public Schools. The Local Board and the Department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with school districts and schools under similar circumstances;

(D) That one or more of the District Public Schools be converted to a charter school;

(E) That one or more of the District Public Schools be granted status as an innovation school pursuant to section 22-32.5-104, C.R.S., or that the Local Board recognize a group of District Public Schools as an innovation school zone pursuant to section 22-32.5-104, C.R.S.;

(F) That one or more of the District Public Schools be closed;

(G) That one or more of the District Public Schools be converted to a community school, as defined in section 22-32.5-103(1.5), C.R.S.; or (H) That the District take other actions, as proposed by the District, that are comparable to or that have a more significant effect than the actions described in this subsection (1) above and that are aligned to the District’s Pathway Plan and designed to support the implementation of the District’s Pathway Plan. Actions include but are not limited to contracting with external partners, using contractors or resources provided by the Department, engaging in cross-district progress monitoring, or comprehensive school redesign.

(2) If the recommendation applies to the Institute:

(A) That the Institute's Accreditation be removed;

(B) That the Institute board be abolished and that the governor appoint a new Institute board pursuant to section 22-30.5-505, C.R.S.;

(C) That a public or private entity take over management of the Institute or management of one or more of the Institute Charter Schools;

(D) That one or more of the Institute Charter Schools be closed; or (E) That the Institute take other actions, as proposed by the Institute, that are comparable to or that have a more significant effect than the actions described in this subsection (2) above and that are aligned to the Institute’s Pathway Plan and designed to support the implementation of the Institute’s Pathway Plan. Actions include but are not limited to contracting with external partners, using contractors or resources provided by the Department, engaging in cross-district progress monitoring, or comprehensive school redesign. 7.02 After critically evaluating the District’s or Institute’s performance, the State Review Panel shall submit a written recommendation to the Commissioner. The Department shall forward the written recommendation to the State Board Office, the applicable Local Board or Institute board, and District or Institute staff. 7.03 Following the release of the Department’s initial Accreditation ratings that place a District or the Institute in the fifth year of Performance Watch, the Department shall provide a copy of a written recommendation from the Commissioner to the State Board Office concerning one or more of the actions described in section 7.01 of these rules. The Department shall send a copy of the written recommendation to the applicable Local Board or Institute board and District or Institute staff. 7.04 When a District or the Institute has been on Performance Watch for five (5) years, the State Board shall hold a public hearing to consider the recommendations of the State Review Panel and the Commissioner for a District or the Institute. The public hearing shall be held by no later than June 30th of the academic school year in which the District or Institute is Accredited with a Priority Improvement Plan or Turnaround Plan for the fifth year while on Performance Watch. The State Board Office shall issue a scheduling notification informing the District or the Institute in writing of the date on which the State Board will hear the recommendations of the State Review Panel and the Commissioner. 7.05 Prior to the public hearing, the District or Institute shall submit to the State Board a Pathway Plan, as contemplated by section 22-11-213, C.R.S., and section 6.06 of these rules, detailing the District’s or Institute’s preferred course of action, based on the available options described in section 7.01 of these rules and which best addresses the root cause(s) for persistent low student performance; this Pathway Plan shall be submitted by the deadline set in the scheduling notification from the State Board Office. At the public hearing, the District or Institute and the Department shall have an opportunity to present information to the State Board.

At the conclusion of the public hearing, the State Board may ask the District or Institute and the Department to submit proposed written final determinations for the State Board’s consideration at a subsequent meeting. 7.06 Per section 22-11-209(3.5), C.R.S., if a District or the Institute continues to be Accredited with Priority Improvement or Turnaround Plan after the State Board initially directs action as described in sections 7.01 – 7.05 of these rules, then the Commissioner may in any year, but shall every two years, assign the State Review Panel to critically evaluate the District’s or Institute’s performance and recommend one or more of the actions described in section 7.01 of these rules.

The State Board shall consider the State Review Panel’s recommendations, the previously- directed actions, the fidelity with which the District or Institute has implemented the directed actions, and whether the amount of time to implement the previously directed actions is reasonably sufficient to achieve results. At its discretion, the State Board also may consider the District’s or Institute’s 2022-23 Accreditation rating. The State Board shall require the District or the Institute either to continue the previously directed actions or to undertake additional or different actions outlined in section 7.01 of these rules. 7.07 If the Department recommends to the Commissioner and State Board that the State Board remove a District’s or the Institute’s Accreditation for the reasons outlined in section 22-11- 209(1)(c), C.R.S., concerning budget and financial policies and procedures or accounting and financial reporting, the District or Institute shall have the right to appeal to the State Board before the State Board takes action to remove the District’s or the Institute’s accreditation. Any such appeal shall proceed as follows:

(1) Within ten (10) days of receiving the Department’s written recommendation, the District or Institute shall file with the State Board notice that the District or Institute wishes to appeal the recommendation.

(2) Within ten (10) days of receiving the notice of appeal, the State Board Office shall provide a scheduling notification to the District or Institute in writing. The scheduling notification shall provide the date of the next regularly scheduled State Board meeting. After conferring with the District or the Institute, the State Board Office shall include in the scheduling notification the filing deadlines for the appeal. The deadlines set forth below in this section 7.03 of these rules may be modified by agreement between the Department and the District or Institute with approval of the State Board Office.

(3) Within fifteen (15) days of receipt of the scheduling notification, the District or Institute shall file a position statement setting forth the specific grounds for the assertion that the District or Institute should not have its Accreditation removed. The District or the Institute shall provide a copy of the position statement to the Department.

(4) Within fifteen (15) days of the date the position statement is filed with the State Board, the Department may file a Response to the position statement and provide a copy of the position statement to the District or Institute.

(5) The District or Institute shall file all relevant documents pertaining to the removal of the District’s or Institute’s Accreditation, which may include:

(A) Written documents issued by the Department recommending removal of Accreditation;

(B) Written correspondence between the District or Institute concerning Accreditation; and (C) Any other documents, reports, correspondence and other written or electronic materials related to the matters at issue.

(6) The State Board shall hold a hearing on the matter at the earliest possible regularly scheduled board meeting.

(7) The State Board shall issue a written final determination on the removal of the District’s or Institute’s Accreditation within thirty (30) days of the date of the hearing, and provide a copy to the District or Institute and the Department. The written determination shall be final. 7.08 If a District's or the Institute's Accreditation is removed and the District or the Institute is reorganized and takes any other actions directed by the State Board, the State Board shall reinstate the District's or the Institute's Accreditation at the Accreditation category deemed appropriate by the State Board. 8.0 Public School Accountability Processes: Plan Type Assignments 8.01 By no later than August 31st of each year, the Department shall provide to Public School authorizers an initial recommendation for each of the authorizer’s Public Schools as to whether the Public School must implement a Performance Plan, Improvement Plan, Priority Improvement Plan or Turnaround Plan. 8.02 In determining an initial recommendation for each Public School, the Department shall apply the following criteria:

(1) The Public School’s level of attainment of the statewide targets on the Performance Indicators, calculated in accordance with section 3.0 of these rules.

(A) The Department shall determine whether the Public School exceeds, meets, approaches or does not meet statewide targets for each Performance Indicator.

(B) If the Public School’s authorizer chooses not to endorse a high school diploma as described in section 22-7-1009(2), C.R.S., the Public School will not be penalized for such choice when it is assigned to a plan type.

(C) In evaluating the level of attainment on student dropout and graduation rates, the Department, to the extent practicable, shall ensure that the Public School is not penalized for re-engaging students and ensuring that all students successfully graduate;

(2) The percentage of students enrolled in the Public School who are not tested on the Statewide Assessments; and (3) The Public School’s failure to administer Statewide Assessments in a standardized and secure manner so that resulting assessment scores are reflective of independent student performance. The Commissioner shall determine whether a Public School has failed to administer statewide assessment results in a standardized and secure manner so that resulting assessment scores are reflective of independent student performance and whether the failure was pervasive and egregious enough to warrant a change in the Public School’s Accreditation rating. If the Public School otherwise would have been directed to implement a Performance Plan or Improvement Plan, it instead may be directed to implement a Priority Improvement Plan. If the Public School otherwise would have been directed to implement a Priority Improvement Plan, it instead may be directed to implement a Turnaround Plan. 8.03 When applying the criteria above to determine an initial recommendation for the type of plan each Public School shall implement, the Department shall place the greatest emphasis on attainment of the Performance Indicators. When evaluating attainment of the Performance Indicators, the Department shall place the greatest emphasis on student longitudinal academic growth and postsecondary and workforce readiness. 8.04 The Department shall assign a Public School the “Insufficient State Data” label and direct the Public School to adopt an Improvement Plan, if it was previously directed to adopt a Performance Plan or Improvement Plan; a Priority Improvement Plan, if it was previously directed to adopt a Priority Improvement Plan; or a Turnaround Plan, if was previously directed to adopt a Turnaround Plan if the Public School does not have sufficient data to either:

(1) publicly report data, including data for each Performance Indicator, while protecting the privacy of students; or (2) adequately represent the Public School’s total student population because it reflects scores from less than 25 percent of students in tested grades. If the Public School was previously assigned to a Priority Improvement or Turnaround Plan and was on Performance Watch, the Public School will remain on Performance Watch but will not include the current year in the calculation of consecutive years of low performance described in section 22-11-210(1)(d)(I), C.R.S.

When data reflects scores from less than 25 percent of students in combined tested grades in either ELA or Math, the assignment will specify “Insufficient State Data – Low Participation” and the Public School will be subject to the corrective action plan requirements specified in 22-11-210(10), C.R.S. 8.05 If a single Public School divides into two or more schools, the student performance data and accountability history and status from the original school’s relevant grade span will carry over to the new schools. 8.06 On or before the date that the Department notifies each Public School authorizer of the initial recommendation for the type of plan the authorizer’s Public Schools shall implement, the Department shall also provide the data used by the Department to conduct its analysis of each Public School’s performance. 8.07 If a District or the Institute disagrees with one or more of the Department’s initial recommendations for the type of plan a Public School shall implement, the District or Institute may submit to the Department a request for reconsideration.

Such request shall be submitted within eight weeks of receiving notice of the Department’s initial recommendation for the type of plan the Public School shall implement. Such request must include an assurance that the District or Institute has complied with requirements for assessment participation policies under

section 22-7-1013(8)(c), C.R.S. 8.08 Upon receiving a request for reconsideration, the Department shall take the following information into account in determining a final plan type recommendation:

(1) When available, achievement data from a nationally-normed assessment other than a Statewide Assessment from a grade or subject that is not tested on a Statewide Assessment, if the Department has determined that the supplemental data is valid and reliable and derived from assessments that are aligned with the state standards adopted pursuant to section 22-7- 1005, C.R.S. Such data must be representative of the applicable population, meaning that ninety-five (95) percent or more of applicable population was tested. The Department shall separately account for the performance of each Student Group when evaluating both assessment results and participation rates;

(2) When available, growth analysis of the type of achievement data described in subparagraph (1) above;

(3) Analysis of the length of time for which the Public School has been unable to meet the statewide targets on the Performance Indicators;

(4) The progress the Public School is making in improving its performance and in approaching achievement of the statewide targets and the degree to which the Public School is not achieving the statewide targets;

(5) When available, measures of postsecondary and workforce readiness other than the measures described in section 3.06 of these rules when the data used for such measures is representative of at least ninety-five (95) percent of the applicable student population, as determined by the Department. This may include the percentages of students enrolled in a high school who, based on attainment of course credits or demonstrated competencies, are on schedule to graduate within four, five, six, or seven years;

(6) If the Public School has participation rates below eighty-five (85) percent on the Statewide Assessments, data showing how the students who participated in the Statewide Assessments are not representative of the Public School’s total population;

(7) If the Public School’s plan type assignment was lowered one level due to low student participation in Statewide Assessments, information concerning whether the Public School historically has attained ninety-five (95) percent participation rates, inadvertent test misadministration occurred, or the Public School has a particularly small student population;

(8) The extent to which the Public School has been subject to an event that has caused significant disruption during the school year, including but not limited to acts of violence, the death of students or staff, or natural disasters such as fire, flood, earthquake, avalanche or tornado. 8.09 When evaluating the information described above, the Department may accommodate Public Schools with small student populations by allowing exceptions to the participation rate requirements described in section 8.08 of these rules and may allow the Public School to submit data for multiple years. 8.10 By no later than December 15th of each school year, the Department shall submit final school plan type recommendations to the State Board for the State Board’s approval. By no later than December 30th of each school year, the Department shall notify Public Schools, School Districts and the Institute of the type of plan the Public Schools shall implement. 9.0 Public School Accountability Processes: Contents of School Plans and Timelines for Adoption, Review, and Publication of School Plans 9.01 If a District public school is directed to implement a Performance Plan or Improvement Plan, the school principal and District superintendent, or his or her designee, shall adopt the plan. The Local Board is encouraged to review and approve such plan and to consider in its local policies whether it would like to require the school principal and District superintendent or designee to submit the plan to the Local Board for approval. If a District public school is directed to implement a Priority Improvement Plan or Turnaround Plan, the Local Board shall adopt the plan. As required by section 22-11-210(10)(a), C.R.S., if assigned to “Insufficient State Data – Low Participation,” the public school shall incorporate the corrective action requirements into the adopted plan. If assigned to “Insufficient State Data – Low Participation” for three consecutive years, the public school’s plan shall be presented to the State Board. 9.02 If an Institute charter school is directed to implement a Performance Plan or Improvement Plan, the school principal shall adopt the plan. The Institute board is encouraged to review and approve such plan. The Institute board is encouraged to consider whether it would like to require the school principal to submit the plan to the Institute board for approval. If an Institute charter school is directed to implement a Priority Improvement Plan or Turnaround Plan, the Institute board shall adopt the plan. 9.03 Each public school plan shall:

(1) Reflect on the targets that were set by the public school in its prior plan;

(2) Set, reaffirm, or revise, as appropriate, ambitious but attainable targets that the public school shall attain on the Performance Indicators. The targets shall be aligned with the statewide targets set by the State Board, as described in section 3.02 of these rules. If the public school serves students in kindergarten and first, second, and third grades, these targets must include targets that the public school shall attain in reducing the number of students who are identified, pursuant to section 22-7-1205, C.R.S., as having significant reading deficiencies and in ensuring that each student achieves grade-level expectations in reading;

(3) Identify positive and negative trends in the levels of attainment by the public school on the Performance Indicators;

(4) Assess and prioritize the public school’s most significant student performance challenges;

(5) Assess and prioritize the root causes of any low-performance for the public school that must be addressed to raise the levels of attainment on the Performance Indicators by the public school and to improve school readiness, if the public school serves students in preschool or kindergarten. If the public school serves students in preschool, kindergarten, or any of grades one through three and is directed to implement a Priority Improvement Plan or Turnaround Plan, the needs assessment shall include, but shall not be limited to, the early childhood learning needs assessment described in section 22-11-405(4.5), C.R.S;

(6) Identify specific, research-based strategies that are appropriate in scope, intensity, and type to address the public school’s root causes of any lowperformance. If the public school serves students in kindergarten and first, second, and third grades, these strategies must include the strategies to be used in addressing the needs of students enrolled in kindergarten and first, second, and third grade who are identified pursuant to section 22-7- 1205, C.R.S., as having significant reading deficiencies. For a Priority Improvement Plan or Turnaround Plan, these strategies must incorporate strategies to increase parent engagement in the public school. For a Turnaround Plan, such strategies shall, at a minimum, include one or more of the following:

(A) Employing a lead turnaround partner that uses research-based strategies and has a proven record of success working with schools under similar circumstances, which turnaround partner shall be immersed in all aspects of developing and collaboratively executing the Turnaround Plan and shall serve as a liaison to other school partners;

(B) Reorganizing the oversight and management structure within the public school to provide greater, more effective support;

(C) For a District public school, seeking recognition as an innovation school or clustering with other District public schools that have similar governance or management structures to form an innovation school zone pursuant to Article 32.5 of Title 22;

(D) Hiring a public or private entity that uses research-based strategies and has a proven record of success working with schools under similar circumstances to manage the public school pursuant to a contract with the Local Board or the Institute;

(E) For a District public school that is not a charter school, converting to a charter school;

(F) For a District charter school or an Institute charter school, renegotiating and significantly restructuring the charter school’s charter contract;

(G) For a public school that serves students enrolled in kindergarten or any of grades one through three, that the public school invest in research-based strategies focused on early learning and development to address any deficiencies identified in the early childhood learning needs assessment described in section 22-11- 305(4), C.R.S., if the cause of the public school’s low performance is directly related to lack of school readiness and access to quality early learning opportunities, as demonstrated by student achievement data for the early elementary grades, and the public school has not successfully implemented these strategies in the preceding school years. A public school shall implement such strategies focused on early learning and development in combination with at least one other research-based strategy described in this subsection 9.03(6) of these rules; and (H) Other actions of comparable or greater significance or effect;

(7) Identify the local, state, and federal resources that the public school will use to implement the identified strategies with fidelity. For any Priority Improvement or Turnaround Plan, identify budget allocations to support the needs of the school and create a financial sustainability plan, which must include but not be limited to salaries, facility costs, curriculum costs, and operational costs;

(8) Identify implementation benchmarks and interim measures that the public school will use to evaluate whether the identified strategies are carried out with fidelity and whether to adjust practice;

(9) For any Priority Improvement or Turnaround Plan that a public school adopts for the fourth year in which the public school is on Performance Watch, include a general explanation for how the public school may put into effect the applicable actions described in section 22-11-210(5)(a), C.R.S.; and (10) For a District charter school plan or an Institute charter school plan:

(A) Identify the core and supplemental reading curriculum used at each grade level including kindergarten (for each school that includes a kindergarten educational program), which core and supplemental reading curriculum must be designed around teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension;

(B) Identify the targeted, evidence-based or scientifically based core and supplemental reading instructional programs and intervention reading instruction, services, and other supports, including those available through the multi-tiered systems of supports or a comparable intervention system that the school provides to students who are identified as having a significant reading deficiency or as reading below grade level;

(C) Identify the assessments that the school uses at each grade level to meet the requirements specified in section 22-7-1205(1), C.R.S.; and (D) If the school receives and uses per-pupil intervention money, or money received through the early literacy grant program for professional development, the school’s plan for providing the professional development, which development must be targeted, evidence based or scientifically based, and aligned with the instruction, services, and other supports provided to students who are identified as having a significant reading deficiency or as reading below grade level.

(11) If a Public School is required to address corrective action plan requirements pursuant to section 22-11-210(10)(a), the shall consider describe how the Public School will create conditions to educate parents and guardians on the importance of student participation in state assessments, explain the effects of low participation rates on state assessments, and encourage student participation in assessments, as well as identify how the corrective action requirements will be monitored and reported to the State Board on a biennial basis for as long as the designation of Insufficient State Data – Low Participation remains in effect.

(12) Address any other issues raised by the Department through the performance review described in section 8.00 of these rules.

(13) In any year that a School District or the Institute is required to adopt a Pathway Plan for a public school as provided in section 22-11-213, C.R.S., the Department is authorized to reduce the obligations and modify the applicable deadlines related to sections 9.03 or 9.04 of these rules to ensure that the School District or the Institute can appropriately focus on and prioritize the creation of the public school’s Pathway Plan. 9.04 If a public school receives an initial school plan type assignment of Priority Improvement Plan or Turnaround Plan, the Local Board or the Institute board shall adopt such plan and submit it to the Department by no later than October 15th unless one of the following exceptions applies; if the District or the Institute submits a request for the Department to reconsider an initial school plan type or has not previously adopted a Priority Improvement Plan or Turnaround Plan for the school, then the Local Board or the Institute Board shall adopt and submit such plan to the Department by no later than January 15th.

(1) For a Priority Improvement Plan, the Commissioner may assign the State Review Panel to critically evaluate the plan, which may include one or more site visits, subject to available appropriations and as described in

section 22-11-210(4), C.R.S. The Commissioner may recommend modifications to the plan. If the Commissioner recommends modifications to the plan and the Local Board or Institute board revises the plan, the Local Board or Institute board shall resubmit such updated plan to the Commissioner by a date negotiated between the District or Institute and the Department and no later than three months after receiving recommendations from the Commissioner. The Department shall post each plan on SchoolView within two weeks of receiving it.

(2) For a Turnaround Plan, the State Review Panel shall critically evaluate the plan, which may include one or more site visits, as described in section 22-11-210(4), C.R.S. The Commissioner may suggest modifications to the plan. If the Commissioner suggests modifications to the plan, the Local Board or Institute board shall revise the plan, if necessary, and resubmit the plan for approval by a date negotiated with the Department and no later than three months after receiving the suggestions from the Commissioner. The Department shall post each plan on SchoolView within two weeks of receiving it. 9.05 A School District or the Institute shall develop a Pathway Plan for a public school as described in section 22-11-213, C.R.S., when:

(1) The public school voluntarily proceeds, as described in section 22-11- 210(1)(d.5), C.R.S., in the third or fourth year of performance watch, with a request to the State Board to direct a significant action;

(2) The public school enters the fifth year on performance watch; or (3) The public school returns to the State Board for a hearing based on a prior order of the State Board, as described in section 22-11-210(5.5)(a), C.R.S. 9.06 If a School District or the Institute is required to develop a Pathway Plan for a public school as provided in section 22-11-213, C.R.S., and appear before the State Board for a hearing, the Local Board or the Institute Board shall develop the Pathway Plan and submit it to the Department by no later than the submission deadline set in the scheduling notification from the State Board Office, as contemplated in section 10.04 of these rules. 9.07 A Pathway Plan submitted pursuant to section 9.05 of these rules must, at a minimum, include:

(1) Identification of the proposed accountability pathway(s) from the list set forth in section 22-11-210(5)(a), C.R.S., and the supporting rationale for the proposal;

(A) If the Pathway Plan identifies the district-proposed alternative pathway contemplated by section 22-11-210(5)(a)(VII), C.R.S., the Plan must also satisfy the requirements described in section 9.08 of these rules;

(2) A rigorous analysis of student performance and system-level data to identify root causes and priority challenges;

(3) Clearly defined, research-based strategies to facilitate improvement;

(4) An action and implementation plan with a detailed timeline, short-cycle benchmarks, and annual targets for progress monitoring;

(5) A financially sustainable budget, aligned with the Pathway Plan’s priorities, demonstrating how available funds, including grant funds, will be allocated to support the start-up and recurring expenses necessary for the Plan’s success, which may include salaries, facility costs, curriculum costs, or operational costs.

(A) If the proposed budget includes the use of non-recurring grant funds, the Pathway Plan must also explain how the improvements funded by such grants will be sustained after those funds have been exhausted; this may include identifying future funding sources or operational adjustments necessary for long-term sustainability;

(6) A description of how the School District or the Institute will support the public school’s implementation of the Pathway Plan, such as through progress monitoring, leadership development, and accountability structures; and (7) Documentation of meaningful engagement with stakeholders, including educators, students, families, community stakeholders, the school accountability committee created in section 22-11-401, C.R.S., and any local collective bargaining groups or employee organizations, as defined in

section 29-33-103, C.R.S., that represent educators.

(8) For a School District or the Institute returning, on behalf of a public school, to the State Board for a rehearing pursuant to section 22-11-210(5.5)(a), C.R.S., the Pathway Plan must also include:

(A) An analysis of why the actions previously directed by the State Board have not sufficiently improved outcomes to remove the public school from performance watch; and (B) An explanation of how the current proposal builds upon those prior actions and includes specific strategies to overcome identified barriers to achieve greater improvement. 9.08 In addition to the requirements of section 9.07 of these rules, Pathway Plans utilizing the district-proposed alternative pathway contemplated by section 22-11- 210(5)(a)(VII), C.R.S., must also:

(1) Provide a detailed description of the specific actions being proposed;

(2) Include a rationale for how the proposed actions are comparable to or will have a more significant impact than the other statutory pathways listed in

section 22-11-210(5)(a)(I)-(VI), C.R.S.; and (3) Identify implementation risks, if any, as well as contingency strategies to mitigate such risks. 9.09 If a public school receives an initial school plan type assignment of Performance Plan, Improvement Plan, or Insufficient State Data while on Performance Watch, the Local Board or Institute board shall submit its required plan to the Department by no later than October 15th unless the District or the Institute has submitted a request for the Department to reconsider an initial school plan type.

If the District or the Institute has sought reconsideration of the initial school plan type assignment, the Local Board or the Institute Board shall submit the plan to the Department by no later than January 15th. The Commissioner may recommend modifications to the plan. If the Commissioner recommends modifications to the plan and the public school revises the plan, the Local Board or Institute board shall resubmit such updated plan to the Commissioner by a date negotiated between the District or Institute and the Department and no later than three months after receiving the recommendations from the Commissioner.

The Department shall post each plan on SchoolView within two weeks of receiving it. 9.10 If a public school receives an initial school plan type assignment of Performance Plan, Improvement Plan, or Insufficient State Data and is not on Performance Watch, the Local Board or Institute board shall submit its required plan to the Department by no later than October 15th unless the District or the Institute has submitted a request for the Department to reconsider the initial school plan type, whereby the Local Board or the Institute Board shall submit such plan to the Department by no later than January 15th. The Department shall post the plan on SchoolView within two weeks of receiving it. 9.11 For a District public school, immediately after submitting a final plan to the Department, the Local Board or the Institute board shall begin to implement the plan. For an Institute school, immediately after submitting a final plan to the Department, the principal shall begin to implement the plan. 9.12 So long as a public school continues to be directed to implement a Performance Plan, the school principal and District superintendent or designee, for a District public school, or the school principal for an Institute charter school, may adopt and submit a Performance Plan every two years. This flexibility shall not apply to any public school on Performance Watch or to any public school assigned the “Insufficient State Data” label. 10.0 Public School Accountability Processes: Directed Action 10.01 If a public school fails to make adequate progress under its Turnaround Plan or continues on Performance Watch for the full five (5) years, the Commissioner shall assign the State Review Panel to critically evaluate the Public School’s performance through an on-site visit to the Public School and a review of documents. The Department shall exclude the 2020-21, 2021-22, and 2022-23 school years from the calculation of five (5) years. However, if a District or the Institute submits a request for reconsideration in the fall of 2022 and it is approved by the Department, the Public School’s 2022-23 plan type may be factored into the calculation of five (5) years. Upon completing the evaluation, the State Review Panel shall determine which of the following actions to recommend:

(1) If the recommendation applies to a District Public School that is not a Charter School:

(A) That the Public School be partially or wholly managed by a private or public entity other than the District. The Local Board and the Department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with school districts and schools under similar circumstances;

(B) That the Public School be converted to a Charter School;

(C) That the Public School be granted status as an innovation school pursuant to section 22-32.5-104, C.R.S.;

(D) That the Public School be closed;

(E) That the Public School be converted to a community school, as defined in section 22-32.5-103(1.5), C.R.S.; or (F) Other actions that are comparable to or that have a more significant effect than the actions described in this subsection (1) above that the Public School proposes and that are aligned with the school’s Pathway Plan and designed to support implementation of the school’s Pathway Plan. Actions may include but are not limited to comprehensive school redesign, contracting with external partners, or using contractors or resources provided by the Department.

(2) If the recommendation applies to a District or Institute Charter School:

(A) That the public or private entity operating the Charter School or the governing board of the Charter School be replaced by a different public or private entity or governing board; or (B) That the Public School's charter be revoked. 10.02 The State Review Panel shall submit a written recommendation to the Commissioner. The Department shall send a copy of the written recommendation to the State Board Office, the applicable Local Board or Institute board, and District or Institute staff. 10.03 The State Board must hold a public hearing to consider the recommendation of the State Review Panel for a Public School that has been on Performance Watch for five (5) years. The public hearing shall be held by no later than June 30th of the academic school year in which the Public School is in its 5th year of a Priority Improvement or Turnaround Plan type while on Performance Watch. The State Board Office shall issue a scheduling notification informing the District or the Institute in writing of the date on which the State Board will hear the recommendations of the State Review Panel and the Commissioner for the School. 10.04 Prior to the public hearing, the District or Institute shall submit to the State Board a Pathway Plan, as contemplated by section 22-11-213, C.R.S., and section 9.07 of these rules, detailing the District’s or Institute’s preferred course of action for the Public School under consideration, based on the available options described in section 10.01 of these rules and which best addresses the root cause(s) for persistent low student performance; this Pathway Plan shall be submitted by the deadline set in the scheduling notification from the State Board Office. At the public hearing, the District or Institute and the Department shall have an opportunity to present information to the State Board. At the conclusion of the public hearing, the State Board may ask the District or Institute to submit, with support from the Department, a proposed written final determination for the State Board’s consideration. 10.05 Per section 22-11-210(5.5), C.R.S., if a Public School continues to be required to implement a Priority Improvement or Turnaround Plan after the State Board initially directs action as described in sections 10.01 – 10.04 of these rules, then the Commissioner may in any year, but shall every two years, assign the State Review Panel to critically evaluate the Public School’s performance and recommend one of the actions described in section 10.01 of these rules. The State Board shall consider the State Review Panel’s recommendations, the previously-directed actions, the fidelity with which the authorizing District or Institute and the Public School have implemented the directed actions, and whether the amount of time to implement the previously directed actions is reasonably sufficient to achieve results. At its discretion, the State Board also may consider the Public School’s 2022-23 plan type. The State Board shall require the Local Board or the Institute board either to continue the previously directed actions or to undertake additional or different actions as provided in

section 10.01 of these rules. 11.0 Performance Reporting 11.01 The Department shall publish on SchoolView a school performance report for each Public School in the state, a School District performance report for each School District in the state, a performance report for the Institute, and a performance report for the state as a whole. 11.02 The Department shall continuously update the data included in the performance reports as soon as practicable, but not later than sixty (60) days, after the data become available. Data shall be considered “available” following processing and verification. 11.03 The Department shall ensure that the information reported on SchoolView is transparent and serves as a tool for parents, educators, and the community at large to understand and communicate about state, district, school, classroom and programmatic performance. 11.04 The information in each type of performance report shall be consistent and, at a minimum, shall include the following:

(1) The report subject’s level of attainment on each of the Performance Indicators as determined pursuant to section 3.0 of these rules, including whether the report subject met the targets set for the applicable school year. This portion of the performance report may be referred to as the “School Performance Framework Report” or “District Performance Framework Report”;

(2) The percentage of students enrolled by the report subject who score at each of the performance levels identified by the State Board for the statewide assessments, reported by grade level and assessment;

(3) For Public School performance reports, a comparison of the report subject’s levels of attainment on the Performance Indicators with the levels of attainment of the other Public Schools of the District and in the state;

(4) For District performance reports and the Institute performance report, a comparison of the report subject’s levels of attainment on the Performance Indicators with other Districts in the state and the Institute;

(5) Information concerning comparisons of student performance over time and among Student Groups;

(6) The report subject’s rates of completion, mobility, and truancy, calculated according to the requirements in section 12.00 of these rules; and (7) Any additional information that may be required by federal law. 11.05 Each school performance report shall include the following information concerning the operations and environment of the Public School that is the subject of the report:

(1) The name of the Public School, the type of school program provided at the Public School, and the school year for which the information in the performance report is provided. The performance report shall also include the Public School’s street address, telephone number, and email address, and, if one exists, the Web site address of the District or Public School;

(2) Information concerning the percentages of students who are not tested or whose scores are not included in determining attainment of the Performance Indicators;

(3) The occurrence of student conduct and discipline code violations reported pursuant to section 22-32-109.1(2)(b), C.R.S., expressed as a number and as a percentage of the total occurrences of violations reported;

(4) The following student enrollment and attendance information:

(A) The number of students enrolled at the Public School;

(B) Students, reported as the number and percentage of the total student enrollment at the Public School, who are eligible for free or reduced-cost lunch pursuant to the federal “National School Lunch Act”, 42 U.S.C. sec. 1751, et seq.;

(C) Average daily attendance at the Public School; and (D) For elementary schools, the availability of a preschool program, fullday kindergarten program, and before- and after-school programs at the Public School;

(5) The following information concerning the staff employed at the Public School:

(A) The number of persons employed at the Public School in each of the following categories and explanations of the job descriptions for each category: classroom teachers; paraprofessionals; administrators; other professionals; school support staff; school counselors; and school librarians;

(B) The students-per-classroom-teacher ratios for each grade level included in the Public School;

(C) The average number of years of teaching experience among the teachers employed at the Public School;

(D) The number of teachers employed at the Public School who hold master’s or doctoral degrees;

(E) For junior high, middle, and high schools, the percentage of teachers employed at the Public School who are teaching in the subject areas in which they received their bachelor’s or graduate degrees;

(F) The number of teachers employed at the Public School who have three or more years of teaching experience in the District; and (G) The number of professional development days included in the school year.

(6) Information concerning whether the following courses and programs are available to students enrolled in the Public School and, to the extent they are available on the Public School’s, District’s or Institute’s Web site, Internet links to descriptions of the following courses and programs. For purposes of this section, a “course” shall be defined as including, but not limited to, a traditional class, an on-line program, an internship, an externship, a mentor experience, or an independent study course that culminates in an integrative or specialized performance, showcase, or exhibition:

(A) Visual art;

(B) Drama or theater;

(C) Music;

(D) Dance;

(E) Comprehensive health education;

(F) Physical education;

(G) Economics;

(H) World languages;

(I) History;

(J) Geography;

(K) Civics;

(L) For middle and high schools, career and technical education;

(M) For high schools, concurrent enrollment courses made available by the Public School on-line or on the Public School’s campus. A concurrent enrollment course shall be defined as any course that allows a student to simultaneously earn credit both by a local education provider and an institution of higher education;

(N) Opportunities for civic or community engagement;

(O) Internet safety programs;

(P) School library programs, as defined by the Commissioner;

(Q) For high schools, advanced placement, International Baccalaureate or honors courses;

(R) For elementary schools, International Baccalaureate or Montessori curricula;

(S) Extracurricular activities;

(T) Athletics;

(U) For middle and high schools, credit recovery programs. A credit recovery program shall be defined as a program implemented at the school and/or District level that enables high school students who have fallen behind on graduation requirements to make up credits or middle school students who have fallen behind in grade promotion and/or transition into high school. This includes programs or activities that facilitate accrual of credits or course remediation especially in core courses (math, science, reading and social studies) and/or allow struggling students to continue earning course credits and make progress toward graduation or grade promotion. Credit recovery may occur as a student is completing other courses or as an extension activity, such as summer school. Examples include: self-paced digital content programs, online courses, work/study that awards credits, course remediation programs and alternative education programming that result in accrual of credits; and (V) For middle and high schools, assistance for out-of-school youth to re-enroll. Assistance for out-of-school youth to re-enroll shall be defined as school and/or District approaches and systems to reengage youth who are not enrolled in school and have not earned a high school credential (either a diploma or equivalency credential, such as a general education development certificate).

This includes retrieval of students who have dropped out within the current school year or those who have dropped out in previous years. Examples include: designating staff to identify and outreach to students who have dropped out and re-enrollment processes that involve individualized transition planning and assessment of a re-enrolled student’s educational needs/strengths and provision of support and link to resources; and (7) To the extent that the Public School, District or Institute has adopted a wellness policy and to the extent it is available on the Public School’s, District’s or Institute’s Web site, Internet links to the Public School’s wellness policy, as well as information concerning whether the following programs and services are available to students enrolled at the Public School to support student health and wellness:

(A) All students in grades K through 6 have access to recess (yes/no);

(B) A school health team or school wellness committee exists (yes/no);

(C) Students have access to a school-based or school-linked health center, as defined by the Commissioner (yes/no);

(D) Comprehensive health education is required for all students (yes/no);

(E) Physical education is required for all students (yes/no);

(F) The Public School participates in the federal school breakfast program (yes/no); and (G) A registered school nurse who is licensed with the Department and the Colorado Department of Regulatory Agencies is available on the school premises or for consultation (yes/no). 11.06 Each District and Institute performance report shall include financial information outlining the District’s or Institute’s various revenue sources, including: local tax contributions; state tax contributions; federal grants; state grants; private and public-private partnerships grants; and other discretionary income. It also shall include the District’s or Institute’s total audited expenditures for items including: instruction; student and staff support; administration; operations and maintenance; food services; transportation; capital expenditures; debt service; and other expenditures. 11.07 Prior to the publication of the performance reports on SchoolView, the Department shall allow each District and the Institute a reasonable period of time to review the District’s or Institute’s information as it shall appear on the performance reports and correct any errors or misinformation identified by the District or Institute. 11.08 The school performance report produced for each Public School may contain Internet links through which a person may access additional information not provided in detail in the report. 12.00 Data Collection Calculations and End-of-Year Data Collection Process 12.01 Student Dropout Rate (1) The annual student dropout rate is the percentage of students in grades 7 through 12 who drop out of school in a given year between July 1 and June 30 and have not returned to an educational environment on or before the end of the school year or June 30. An educational environment is a Public School within a District or the Institute, nonpublic or private school, home-based education program (home school) pursuant to section 22-33- 104.5, C.R.S., High School Equivalency Diploma (HSED) program, vocational education program, licensed eligible Facility, State-Operated Program, Detention Center, or other education program operated by the Department of Youth Corrections or Department of Corrections. This includes students in grades 7 through 12 who:

(A) Were enrolled in school at some time during the current reporting school year; and (B) Were not enrolled at the end of the school year or June 30; and (C) Have not graduated from high school or received a HSED certificate, or completed a district-approved educational program;

(D) Do not meet any of the following exclusionary conditions: temporary absence due to serious illness or injury, suspension or expulsion; death; or transfer to another educational environment.

(2) The numerator for the student dropout rate is the number of grade 7-12 students who dropped out and the denominator is the cumulative unduplicated enrollment for grades 7-12.

(3) The following student dropout rate formula shall be applied: Number of dropouts in year X (4) Dropout rate clarifications:

(A) Any student whose transfer to another educational environment cannot be verified is a dropout for reporting purposes. Districts and the Institute must apply a default status of dropout to any student who does not have adequate documentation on file, meaning a records request or confirmation of enrollment and attendance at another District or the Institute, by the end of the school year. Please see further clarifications below.

(B) Mandatory school age legislation, in section 22-33-104(1) C.R.S., requires that every child who has attained the age of six years and is under the age of seventeen years attend public school. This mandatory school age legislation does not exempt a District or the Institute from reporting a student as a dropout. Students at any stage in court proceedings to compel compliance with the compulsory attendance statute who have not yet returned to school shall be counted as dropouts.

(C) Students transferring to another District or the Institute who are identified through the Department’s post-collection process as not returning to another District or the Institute by the end of the current school year or June 30 shall be counted as dropouts. The Department shall verify student attendance through the data submitted by other Districts and the Institute through the end-ofyear data collection.

(D) Various forms of documentation may or may not serve as adequate documentation for an educational transfer and may be requested by the Department for review as part of the end-of-year verification process based on the following:

(I) In-state transfers to a Public School may not be documented through records requests or the Record Integration Tracking System (RITS) because a student may never have attended the school in which the student enrolled. An in-state confirmation of attendance is adequate documentation and may be requested as part of the end-of-year verification processes. This confirmation of attendance should include, at a minimum:

(a) Student: State Assigned Student ID (SASID)

(b) Student: Full name (c) Student: Date of birth (d) Student: Gender (e) Sending School: School Code and Name (f) Sending School: Last Date of Attendance (g) Receiving School: School Code and Name (h) Receiving School: Date Began Attending (i) Receiving School: Signature, Date, and Name of LEA Representative (II) In-state transfers to other Colorado entities such as private schools, Detention Centers, licensed eligible Facilities, or State-Operated Programs may be documented through records requests or confirmations of attendance. Adequate documentation of a transfer to home-based education programs (home school) pursuant to section 22-33-104.5, C.R.S., is a parent/guardian signature on a written confirmation, which can include a digital signature, of the intent to home school.

(III) Out-of-state transfers may be documented through records requests or confirmations of attendance.

(IV) Transfers to an out-of-country educational entity can be documented by a records request, a confirmation of attendance, a written confirmation by a school administrator or designee based on a conversation with a parent/guardian, or a parent/guardian signature on a written confirmation of the intent to emigrate to and attend school in another country.

(E) Adequate documentation for other student statuses is as follows:

(I) Seriously ill students can be documented by a written confirmation by physician or health care provider.

(II) Deceased students may be documented by a copy of the obituary, a letter from the parent/guardian or a written confirmation by a school administrator or designee.

(F) Determination of whether a student has completed the school year or is considered a dropout is based upon two factors, length of time absent prior to the end of the school year and coursework completion.

(G) Students shall be counted as completing the school year if they leave school within three weeks of the last day of school or have completed all coursework early, meaning that they have completed the locally defined requirements for the current grade level and will be promoted into the next higher grade the following school year.

(H) Students who leave within three weeks of the last day of school or June 30th, whichever comes first, whether with excused or unexcused absences, are not dropouts, but non-exiting students.

However, these early exiting students who are recorded as completing the current school year who are not documented to return to an educational program the following school year must be recorded as summer dropouts in the next reporting period.

(I) Students who do not meet the exclusionary conditions listed under

section 12.01(1)(D) of these rules and are absent more than three weeks from the last day of school and have not completed all coursework, whether with excused or unexcused absences, are dropouts. Students shall be considered to have completed all coursework if they have completed the locally defined requirements for the current grade level and will be promoted into the next higher grade the following school year.

(J) For students who are withdrawing from a Public School, Districts and the Institute are authorized to request information from the parent or guardian about the specific type of educational environment to which the student will be transferring, in order to monitor compliance with the School Attendance Law, section 22- 33-104 (1), C.R.S. If a student in seventh through twelfth grade has indicated on a written notification of withdrawal that he or she is transferring to another Colorado School District or the Institute but the Department’s post-collection process indicates that the student has not attended class in another Colorado District or the Institute, that student will be classified as a dropout, unless further investigation proves otherwise. Colorado Public Schools and local education agencies are required to send transcripts or to confirm enrollment and attendance when requested from another Colorado Public School or local education agency within two weeks of receiving the request. The exception is for students in out-of-home placements whose records must be transferred within five (5) days pursuant to sections 22-32-138(2)(a)(II) and (3)(a), C.R.S.

(K) Students who register for school but never attend are not to be included in reported dropout data. Students who never attend may 12.02 Four-year Graduation Rate:

(1) The high school graduation rate is the percentage of students from a beginning of the year ninth grade cohort, adjusted for verified transfers in and out, who leave school as graduates, as defined by the District or the Institute Charter School, and meeting at least one option from the Graduation Guidelines Menu of Options in both English and Math, in four years or less. Verified transfers refer to transfers for which a records request or confirmation of enrollment and attendance has been provided.

(2) The numerator for the four-year graduation rate is the number of cohort members (students) who graduated in year x and the denominator is the number of beginning of the year ninth grade cohort members adjusted for verified transfers in and out.

(3) The formula for the four-year graduation rate is as follows:

Number of four-year or prior graduates in year X ((Number of beginning-of-year 9th graders in year X – 3) + (Number of (4) Four-year Graduation Rate Clarifications:

(A) Graduation rates for a high school not containing a ninth grade will be adjusted according to the grades contained within the Public School. Notations will be made when the standard four-year graduation rates are not applied.

(B) District and Institute graduation rates will be held to a four-year standard regardless of the grade ranges of the Public Schools in the School District or Institute.

(C) Expanded graduation rates, when used, should always be clearly labeled with the time span to differentiate from the four-year graduation rate.

(D) Students shown as aging out, dropping out, expelled, or transferring to non-district HSED programs are included in graduation calculations.

(E) Students are not considered graduates until educational services have ended, unless specified by law or rule. Beginning in 2017- 18, ASCENT and PTECH students who have met graduation requirements may be counted as graduates within the four-year graduation rate. However, the high school diploma cannot be dated and conferred until the student has completed or left the program. 12.03 Expanded Graduation Rates:

(1) The three-year graduation rate formula is as follows:

Number of three-year graduates in year X ((Number of beginning-of-year 9th graders in year X – 2) + (Number of (2) The five-year graduation rate formula is as follows:

Number of five-year graduates in year X ((Number of beginning-of-year 9th graders in year X – 4) + (Number of (3) The six-year graduation rate formula is as follows:

Number of six-year graduates in year X ((Number of beginning-of-year 9th graders in year X – 5) + (Number of (4) The seven-year graduation rate formula is as follows:

Number of seven-year graduates in year X ((Number of beginning-of-year 9th graders in year X – 6) + (Number of 12.04 Completion Rate:

(1) The high school completion rate is the percentage of students from a beginning of the year ninth grade cohort adjusted for verified transfers in and out, who leave school as graduates or completers, as defined by the District or Institute Charter School. Students who do not meet specified graduation requirements are not graduates, but completers. Verified transfers refer to transfers for which a records request or confirmation of enrollment and attendance has been provided. Completers include students who: receive a HSED certificate through the completion of a HSED program; receive a certificate of completion; complete a vocational program; or are accepted into an institution of higher education to pursue either a bachelor’s or associate’s degree.

(2) The numerator for the completion rate is the number of cohort members (students) who graduated or completed in year X and the denominator is the number of beginning of the year ninth grade cohort members enrollment adjusted for verified transfers in and out.

(3) The formula for the completion rate is as follows:

Number of four-year or prior graduates and completers in year X ((Number of beginning-of-year 9th graders in year X – 3) + (Number of transfers in) – (Number of transfers out))

(4) Completion rate clarifications:

(A) For purposes of the completion rates, completers are those students who have received a certificate or other designation of high school completion, such as a HSED. Completers have met the locally defined requirements for high school completion and are not continuing to receive educational services from a local education agency. Students are not considered completers until educational services have ended, unless specified by law or rule.

(B) Completion rates for a high school not containing a ninth grade will be adjusted according to the grades contained within the school.

Notations will be made when the standard four-year completion rates are not applied.

(C) District and Institute completion rates will be held to a four-year standard regardless of the grade ranges of the Public Schools in the District or Institute.

(D) Students shown as aging out, dropping out, expelled, or transferring to non-district HSED programs are included in completion calculations. 12.05 Expanded Completion Rates:

(1) The three-year completion rate formula is as follows:

Number of three-year graduates and completers in year X ((Number of beginning-of-year 9th graders in year X – 2) + (Number of transfers in) – (Number of transfers out))

(2) The five-year completion rate is as follows:

Number of five-year graduates and completers in year X ((Number of beginning-of-year 9th graders in year X – 4) + (Number of transfers in) – (Number of transfers out))

(3) The six-year completion rate is as follows:

Number of six-year graduates and completers in year X ((Number of beginning-of-year 9th graders in year X – 5) + (Number of (4) The seven-year completion rate is as follows:

Number of seven-year graduates and completers in year X ((Number of beginning-of-year 9th graders in year X – 6) + (Number of 12.06 Mobility:

(1) Mobility is an indicator of turnover in the student population within a given school year. Stability is an indicator of students who do not move within a given school year. Mobility includes any student in grades K-12 who enters or leaves a school after Student October Count Day and the last day of school, defined by:

(A) Transferring into a District or Institute Charter School;

(B) Transferring within a District or Institute Charter School;

(C) Transferring to another District or Institute Charter School, nonpublic or private school, home-based education program (home school) pursuant to section 22-33-104.5, C.R.S., HSED program, vocational education program, licensed eligible Facility, State-Operated Program, Detention Center, or other educational program operated by the Department of Youth Corrections or Department of Corrections;

(D) Having been expelled;

(E) Having dropped out or exited to an unknown educational setting;

(F) Being absent for extended periods; or (G) Being seriously ill or deceased.

(2) Mobility Clarifications:

(A) Districts and the Institute shall indicate an instance of mobility for a student after ten consecutive days of excused or unexcused absences. An instance of mobility should not mean an automatic unenrollment for a student. The Department should develop guidance to support district compliance with attendance and mobility.

(B) Students who register for school but never attend are not to be included in reported mobility data. Students who never attend may 12.07 Mobility Rates: The Department shall calculate rates of mobility and stability to better understand movement of students, number of moves of students, and potential impact of mobility that can include the following.

(1) The mobility rate is the proportion of students having moved during the school year. Each student is counted once regardless of the number of times a student moves.

(2) The numerator for the mobility rate is the unduplicated count of grade K- 12 students who moved into or out of a school during the school year and the denominator is the cumulative unduplicated student enrollment for kindergarten through twelfth grades. This can be calculated at the school, District, Institute, or state-level.

(3) The formula for the mobility rate is as follows:

Unduplicated count of grade K-12 students who moved into _or out a school in Year X 12.08 Truancy:

(1) Truancy is an indicator of unexcused absences from public school within a given school year.

(2) Truancy Clarifications:

(A) Districts shall address truancy in accordance with the Local Board policies and procedures established pursuant to the compulsory school attendance law, section 22-33-107(3)(b) C.R.S.

(B) School Districts and the Institute shall report unexcused absence days. An unexcused absence occurs when a student is absent without a reason or for an unacceptable reason as identified within the attendance rules set by a Local Board’s policy adopted pursuant to section 22-33-104(4)(a). If authorized school officials determine that a parent’s excuse is not valid or verified, the absence shall be considered unexcused.

(C) Students who register for school, but never attend are not to be included in reported truancy data. Students who never attend may (D) Truancy rates will be reported for alternative education campuses and online Public Schools. These schools must have a method to track the attendance for enrolled students. 12.09 Truancy Rate:

(1) The truancy rate is the proportion of days in which students were absent without an excuse.

(2) The numerator for the truancy rate is the aggregate number of days of unexcused student absences. The denominator is the aggregate number of student days possible, which is calculated by adding the total student days attended, the total student days of excused absences and the total student days of unexcused absences.

(3) The formula for the truancy rate is as follows: _Total student days unexcused Total possible attendance days 12.10 Truancy Rate – Habitually Truant Rate:

(1) The numerator for the habitually truant rate is the number of students who are habitually truant, meaning all students who are at least the age of six on or before August 1 of the year in question and under the age of seventeen years and who have four (4) total days of unexcused absences from public school in any one calendar month or ten (10) total days of unexcused absences from public school within a given school year. The denominator is the cumulative unduplicated enrollment for grades K-12.

(2) The formula for the habitually truant rate is as follows:

Number of students who have 4 total days of unexcused absences in any one calendar month or 10 total days of unexcused absences during the school year 12.11 Chronic Absenteeism Rate (1) The chronic absenteeism rate is the percentage of students who are absent, excused and unexcused, for 10% or more of enrolled days within a school year.

(2) The numerator for chronic absenteeism rate is the aggregate number of days of unexcused and excused student absences. The denominator is the aggregate number of student days possible, which is calculated by adding the total student days attended, the total student days of excused absences and the total student days of unexcused absences.

(3) The formula for the chronic absenteeism rate is as follows:

Total student absence days unexcused & excused Total possible attendance days 12.12 End-of-Year Collection Process:

(1) District and Institute Responsibilities:

(A) Districts and the Institute shall ensure that the student data submitted is as clean and accurate as possible.

(B) In order to know the whereabouts of K-12th grade transfer students, Districts and the Institute are encouraged to conduct timely inquiries when students withdraw from school, keep documentation on file regarding each, and follow-up on all students. To ensure accurate dropout rate calculations, it is important to follow-up on 7-12th grade students for whom appropriate documentation has not been secured.

(C) The reporting period for the end-of-year collection is from July 1st to June 30th, annually. Districts and the Institute shall mark the appropriate information as of the last day of school or June 30th, whichever occurs first.

(D) Districts and the Institute may include summer graduates or completers up until August 31st of each year. Districts and the Institute shall include graduates and completers after that date in the next end-of-year reporting period.

(E) On or before September 15th of each year, every District and the Institute shall initially approve submitted end-of-year files.

(F) Each year, every District and the Institute shall approve submitted end-of-year files on or before the Department’s announced interim and final deadlines.

(G) If a District provides educational programs to Detention Centers as well as Facilities, they must continue to report accurate and complete data in terms of the 7th through 12th grade students served within the end-of-year reporting period until such time as cross-agency data sharing has eliminated the need to do so.

(2) Department Responsibilities:

(A) The Department shall ensure that student data is as clean and accurate as possible.

(B) The Department shall coordinate with other state agencies as needed to ensure completeness of data.

(C) The Department shall announce the annual schedule of each collection no later than one month prior to collection opening.

(D) The Department shall annually notify Districts and the Institute where lists of Detention Centers and Facilities with educational programs administered by Districts are located on the Department’s website.

Editor’s Notes

History Entire rule eff. 06/30/2008.

Entire rule eff. 05/31/2010.

Rules SB&P, 5.07, 12.02, 12.04 eff. 03/31/2011.

Rules SB&P, 1.00-2.00, 4.00, 7.04(A)-(B)(9), 9.02(C)-(D)(2), 10.01-10.11(C)(7), 11.01- 11.04(G), 13.00 eff. 07/30/2012.

Rules 1.00, 2.02(C)(1)(b), 3.04(D), 4.03(C)(2), 9.02(C)(2)-(3), 9.02(D)(1)(e)-(f), 10.04, 10.05, 10.08(C)(7), 10.09(B), 10.09(C)(1), 10.09(C)(7), 10.10(B)(2), 10.10(B)(6)- (7), 10.10(D)(1), 10.10(D)(7), 10.11(C)(1), 10.11(C)(7), 11.05(F), 13.01(A), 13.01(D)(10), 13.09(B) eff. 03/02/2013.

Rules SB&P, 5.03, 5.05-5.10, 10.01(B)-(D) eff. 04/30/2013.

Rules SB&P, 1.11, 1.31, 1.37, 1.42-1.51, 2.02(B)(3), 3.02, 3.05(B), 4.01(D)-4.01(E), 4.03(B), 5.01, 5.03, 7.01, 7.03(D)(1), 7.03(D)(4), 7.04(C)(1), 7.04(C)(4), 9.02(B), 10.01, 10.04, 10.08, 10.10(A)(1)-(2), 10.10(B)(1)-(2) 10.10(D)(1), 10.10(D)(4), 10.10(D)(7), 10.11(A)(1)-(2), 10.11(B)(1)-(2), 10.11(C)(1), 10.11(C)(4), 10.11(C)(7), 11.04(B)-11.04(F), 11.05(C)(6)-(7), 11.05(C)(9)-(10), 13.09(B)(1) eff. 04/30/2014. Rules 7.02, 10.09, 12.0 repealed eff. 04/30/2014.

Rules 3.05(C)-3.05(E)(2) eff. 11/14/2016.

Rules 2202-R-0.00, 1.28-1.53, 5.10(B), 7.03(D)(3), 7.04(C)(3), 10.07(B), 10.10(D)(3), 10.11(C)(3), 10.11(C)(4)(f)-(h) eff. 05/30/2018.

Entire rule eff. 09/30/2019.

Rules 6.00A, 9.00A eff. 07/30/2020.

Rules 1.0, 6.0, 9.0 eff. 11/30/2020.

Rules 6.00B, 9.00B eff. 04/30/2021.

Rules 1.0, 5.0A, 8.0A eff. 09/30/2021.

Rules 5.0, 6.0, 7.1, 7.5, 8.0, 9.0, 10.1, 10.5 eff. 08/14/2022.

Entire rule eff. 07/16/2026.

1 CCR 301-2 Rules for the Administration of the High School Equivalency (hse) Examination Program {#sec-1-ccr-301-2 omnilex-key=us-co-regs-official--department-4--1 CCR 301-2}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE HIGH SCHOOL EQUIVALENCY (HSE) EXAMINATION PROGRAM 1 CCR 301-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority: 22-2-106(1) (a), 22-2-107(1) (c), 22-2-112 (2), and 22-33-104.7 C.R.S. 1.00 Statement of Basis and Purpose Pursuant to 22-2-106 (1)(a) and 22-2-107(1)(c), C.R.S., the State Board of Education shall promulgate and adopt policies, rules and regulations concerning general supervision of the public schools, the department, and the educational programs maintained and operated by all state governmental agencies for persons who have not completed the twelfth-grade level of instruction.

Section 22-33-102 (8.5) authorizes the State Board of education to approve the High School Equivalency Examination(s) utilized in Colorado. 2.00 Definitions 2.00(1) Department: The Department of Education created pursuant to section 24-1-115, C.R.S. 2.00(2) High School Equivalency Diploma: means a diploma issued by the Department of Education which indicates that the holder has met the minimum score requirements on the State Board approved high school equivalency examination(s). 2.00(3) High School Equivalency Examination(s): The State-Board-approved battery of tests that are designed to measure the major outcomes and concepts generally associated with four years of high school education pursuant to section 22-33-102 (8.5), C.R.S. 3.00 Issuing of the Credential The Colorado High School Equivalency Diploma will be issued by the Colorado Department of Education to all qualified candidates on receipt of the minimum proficiency level. 4.00 State Program Fees The Department may charge a fee for state administration of the high school equivalency examination(s). _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/30/2016.

1 CCR 301-3 Food and Nutrition Services {#sec-1-ccr-301-3 omnilex-key=us-co-regs-official--department-4--1 CCR 301-3}

DEPARTMENT OF EDUCATION

Colorado State Board of Education FOOD AND NUTRITION SERVICES 1 CCR 301-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 2202-R-200.00 Basis and Purpose 200.01 The basis of these rules is found is Section 22-2-107(1)(c), C.R.S. and the purpose of these rules relating to food and nutrition services are:

To preserve and protect the nutritional integrity of food and nutrition service operations in school districts, recognizing the proven link between nutrition and a child's ability to learn, as well as to foster the Declaration of Policy and Purpose set forth in the Richard B. Russell National School Lunch Act (42 U.S.C., 1751 Et. Seq.) and the Child Nutrition Act of 1966 (42 U.S.C., 1771 Et.

Seq.), as amended, and;

To assist district food and nutrition service operations in complying with federal and state law and regulations pertaining to such operations.

The purpose for the 2015 amendments are to streamline and consolidate these rules including incorporating the rules related to the food service fund into 1 CCR 301-11 Rules for Accounting and Reporting. Additionally, the 2015 amendments include clarifications to assist school districts in complying with federal and state law and regulations pertaining to food and nutrition service operations. 2202-R-201.00 Competitive Food Service 201.01 In those schools participating in the School Breakfast and/or National School Lunch Program(s), competitive food service is any food or beverage available to students that is separate from the district's nonprofit federally reimbursed food service program, and is provided by a schoolapproved organization or by a school-approved outside vendor. 201.02 Competitive food service, except as outlined in Section 201.03, shall not operate in competition with the district's food service program. Such competitive foods cannot be sold 30 minutes before to 30 minutes after each scheduled meal service on any area of the school campus that is accessible to students. 201.03 The restriction in Section 201.02 does not apply to the service of competitive, mechanicallyvended beverages offered to students at the senior high level. 201.04 As stated in Section 22-32-136(4), C.R.S., each district’s board of education is encouraged to establish rules specifying the time and place at which competitive foods may be sold on school property in order to encourage the selection of healthful food choices by students.

Colorado State Board of Education 2202-R-202.00 Records 202.01 Records must be kept in such a way as to substantiate the claims of the district and meet the requirements of the USDA. At a minimum, all records pertaining to the federal child nutrition programs, including claims, financial records and supporting documentation, must be retained for a period of three years after the end of the federal fiscal year (October 1 through September 30) to which they pertain. 202.02 Records pertaining to the Public School Finance Act of 1996, including direct certification listings, applications for free and reduced price school meals, family economic data survey forms, district listings of migrant, homeless, runaway or foster students, and Head Start documented participation must be retained until audited by CDE or until five years from the certification due date whichever comes first. 2202-R-203.00 Food Service Management Companies 203.01 Districts and school food authorities may contract for the services of a food service management company (FSMC). 203.02 School food authorities wishing to enter into a FSMC contract must comply with all federal rules and regulations pertaining to such FSMC contracts. 203.03 To ensure compliance with state and federal requirements relating to contracting with FSMC's, school food authorities must utilize the request for proposal (RFP) and contract prototypes and procedures as provided by CDE. 203.04 All RFP documents must be approved by CDE prior to release of the RFP. All contracts must be approved by CDE prior to the inception of the contract. 203.05 The school food authorities must maintain control of meal prices, and retain signature authority on all agreements, reimbursement claims, free and reduced price policy implementation, and any other required forms and reports. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 02/18/2009; expired eff. 05/18/2009.

Entire rule emer. rule eff. 08/09/2009.

Entire rule eff. 11/30/2009.

Entire rule eff. 06/30/2015.

1 CCR 301-4 DETERMINATION OF INDIGENCY AND ESTABLISHING POLICY ON SCHOOL FEES [Repealed eff. 04/30/2017] {#sec-1-ccr-301-4 omnilex-key=us-co-regs-official--department-4--1 CCR 301-4}

DEPARTMENT OF EDUCATION

Colorado State Board of Education DETERMINATION OF INDIGENCY AND ESTABLISHING POLICY ON SCHOOL FEES - Repealed eff. 04/30/2017 1 CCR 301-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 04/30/2017.

1 CCR 301-8 Rules for the Administration of the Exceptional Children's Educational Act {#sec-1-ccr-301-8 omnilex-key=us-co-regs-official--department-4--1 CCR 301-8}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE EXCEPTIONAL CHILDREN'S EDUCATIONAL ACT

1 CCR 301-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 STATEMENT OF BASIS AND PURPOSE These rules implement the Exceptional Children's Educational Act (“ECEA”), §§ 22-20-101, et seq., C.R.S., under the rulemaking authority granted in § 22-20-104, C.R.S., § 22-20-123(3)(b), and related statutes.

2.00 DEFINITIONS USED IN THESE RULES 2.01 Abbreviated School Day Abbreviated School Day means any school day during which a child with disabilities receives instruction or educational services for fewer hours than the majority of other students who are in the same grade and school as the child with disabilities, whether the abbreviated school day was planned or unplanned. For purposes of the definitions in Rule 2.01 and 2.01(1) of these rules and the required AU policy regarding abbreviated school days, a child with disabilities means a child who has been determined eligible for services under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973, or for whom a request or referral for evaluation under either law has been made. 2.01(1) Abbreviated School Day Schedule Abbreviated School Day Schedule means a schedule designed and approved by the IEP Team or 504 Team that plans for the child with disabilities to regularly receive instruction or educational services for fewer hours than the majority of other students who are in the same grade and school as the child with a disability. 2.02 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. 2.03 Administrative Unit Administrative Unit (AU) means a school district, board of cooperative services, multi-district administrative unit, a charter school network, a charter school collaborative, 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, an entity shall meet all minimum standards established in Section 3.01 of these Rules. All administrative units shall be approved by the Department of Education. 2.03(1) Administrative unit of residence Pursuant to sections 22-1-102 and 22-20-107.5, C.R.S., an administrative unit of residence (AUR) shall mean the unit in which the child resides on a day-to-day basis with the following exceptions to apply when a child has been determined to have a disability: 2.03(1)(a) If a child with a disability is living at one of the regional centers, an approved facility school, a group home or group center, a mental health institute operated by the Department of Human Services, or if the child attends the Colorado School for the Deaf and the Blind, such child shall be deemed to reside where the parent or guardian of such child resides. 2.03(1)(b) If a child has been placed by a Colorado public agency and lives in one of the regional centers, a mental health institute, a facility, or a group home or group center, and the AUR cannot be determined because parental rights have been relinquished by the parents or terminated by a court, the parents are incarcerated, cannot be located, reside out of state, are deceased, or the child is legally emancipated, the child shall be considered a resident of the administrative unit in which the regional center, mental health institute, facility or group home or group center is located, except as otherwise provided in Rule 2.03(1)(i) below. 2.03(1)(c) If the child resides in a foster care home, the child shall be deemed to be a resident of the AU in which the foster care home is located, except as otherwise provided in Rule 2.03(1)(i) below. 2.03(1)(d) When a child attends a school in another district under the provisions of the public schools of choice law, the child shall be considered a resident of the AU in which the parent or guardian resides. 2.03(1)(e) When a child attends a Charter School in another district, the child shall be considered a resident of the AU in which the parent or guardian resides (unless Rule 2.03(1)(h) applies). 2.03(1)(f) When a child attends a public school on-line program in another district, the child shall be considered a resident of the AU in which the parent or guardian resides (unless

Rule 2.03(1)(h) applies). 2.03(1)(g) If a child with a disability is homeless, as defined by Section 22-1-102.5, C.R.S., the provisions of Section 22-1-102(2), C.R.S., apply. 2.03(1)(h) If a child with a disability enrolls in a district or institute charter school that participates in an alternative administrative unit, the alternative administrative unit is deemed the administrative unit of residence and of attendance so long as the child is enrolled in the alternative administrative unit. 2.03(1)(i) If a child with a disability is a student in out-of-home placement (as defined in

section 22-32-138, C.R.S.), is enrolled in a school of origin (as defined in section 22-32- 138, C.R.S.) other than an approved facility school or a state-licensed day treatment facility, and was considered a resident of the school district at the time the child became a student in out-of-home placement or at the time of enrollment in the school of origin (whichever is most recent), then the school of origin’s administrative unit remains the student’s administrative unit of residence regardless of the out-of-home placement’s location. 2.03(1)(j) Disputes regarding residency If there is a dispute as to which AU constitutes the AUR, the Commissioner of Education shall have the authority to determine questions of residency and thus responsibility after reviewing necessary details involved in the determination of residency. 2.03(2) Administrative unit of attendance An administrative unit of attendance (AUA) shall mean the unit that delivers the special education program for a child. It may be different from the AUR when: 2.03(2)(a) The AUR does not have an adequate number of children with similar needs, and chooses to send the child to another AU for his or her special education program. 2.03(2)(b) The child resides at one of the regional centers, mental health institutes, residential child care facilities, hospitals, group care facilities or homes or in a facility formerly operated by or under contract to the Department of Institutions and now transferred to the Department of Human Services, or attends the Colorado School for the Deaf and the Blind and the special education program is provided by an AU other than the AUR. 2.03(2)(c) The child attends a Charter School, School of Choice or a public school on-line program and the Special Education program is provided by a special education AU other than the AUR. 2.03(3) Alternative Administrative Unit Alternative Administrative Unit means the state charter school institute acting in accordance with

section 22–30.5–105.3 as the administrative unit, pursuant to section 22–20–106(1)(b), for a charter school authorized by a school district; a charter school network authorized and acting as an administrative unit pursuant to section 22–20–106(1)(b); or a charter school collaborative authorized and acting as an administrative unit pursuant to section 22–20–106(1)(b). 2.03(4) Multi-district Administrative Unit Multi-district Administrative Unit means a group of two or more school districts that did not form a Board of Cooperative Services but were (a) parties to an agreement existing on January 1, 2011, to provide educational services to exceptional children and to be responsible for the local administration of these Rules, and (b) recognized by the Department as of January 1, 2011, as an administrative unit. 2.04 Assistive Technology Device Assistive Technology Device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device. 2.05 Assistive Technology Service 2.05(1) Assistive Technology Service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes- 2.05(1)(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment; 2.05(1)(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities; 2.05(1)(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; 2.05(1)(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; 2.05(1)(e) Training or technical assistance for a child with a disability or, if appropriate, that child's family; and 2.05(1)(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child. 2.06 Board of Cooperative Services 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. 2.07 Charter Schools 2.07(1) District Charter School means a charter school authorized by a school district pursuant to Part 1 of Article 30.5 of Title 22, C.R.S. 2.07(2) Institute Charter School means a charter school authorized by the State Charter School Institute pursuant to Part 5 of Article 30.5 of Title 22, C.R.S. 2.07(3) The term charter school includes both district charter schools and institute charter schools, but not charter schools authorized under section 22-80-102(4)(b), C.R.S., unless context otherwise requires. 2.07(4) Charter school collaborative means a charter school collaborative formed pursuant to section 22- 30.5-603, C.R.S. 2.07(5) Charter school network means a charter school network formed pursuant to section 22-30.5- 104.7, C.R.S. 2.08 Child Find Child Find means the program component of child identification that is more fully described in Section 4.02 of these Rules. 2.09 Children with Disabilities Children with Disabilities shall mean those persons from three to twenty-one years of age who, by reason of one or more of the following conditions, are unable to receive reasonable benefit from general education. A child shall not be determined to have a disability if the determinant factor for that determination is: lack of appropriate instruction in reading or math or limited English proficiency; and if the child does not otherwise meet the eligibility criteria under this Section 2.09. A child upon reaching his/her third birthday becomes eligible for services as of that date. A child reaching the age of 21 after the commencement of the academic year has the right to complete the semester in which the 21st birthday occurs or attend until he/she graduates, whichever comes first. In such a case, the child is not entitled to extended school year services during the summer following such current academic year. If it is determined, through an appropriate evaluation, under Section 4.02(4) of these Rules, that a child has one of the following disabilities but only needs a related service (as defined in Section 2.38 of these Rules) and not special education (as defined in Sections 2.44 and 2.52 of these Rules), then the child is not a child with a disability under these Rules. For purposes of Part C of IDEA Child Find activities, Children with Disabilities also means persons from birth to twenty-one years of age consistent with Section 22-20- 103(5)(b), C.R.S. 2.09(1) A child with an Autism Spectrum Disorder (ASD) is a child with a developmental disability significantly affecting verbal and non-verbal social communication and social interaction, generally evidenced by the age of three. Other characteristics often associated with ASD are engagement in repetitive activities and stereotyped movements, resistance to environmental changes or changes in daily routines, and unusual responses to sensory experiences. 2.09(1)(a) The Autism Spectrum Disorder prevents the child from receiving reasonable educational benefit from general education as evidenced by at least one characteristic in each of the following three areas (i.e., subsections (a)(i) through (a)(iii), below): 2.09(1)(a)(i) The child displays significant difficulties or differences or both in interacting with or understanding people and events. Examples of qualifying characteristics include, but are not limited to: significant difficulty establishing and maintaining social-emotional reciprocal relationships, including a lack of typical back and forth social conversation; and/or significant deficits in understanding and using nonverbal communication including eye contact, facial expression and gestures; 2.09(1)(a)(ii) The child displays significant difficulties or differences which extend beyond speech and language to other aspects of social communication, both receptively and expressively. Examples of qualifying characteristics include, but are not limited to: an absence of verbal language or, if verbal language is present, typical integrated use of eye contact and body language is lacking; and/or significant difficulty sharing, engaging in imaginative play and developing and maintaining friendships; and 2.09(1)(a)(iii) The child seeks consistency in environmental events to the point of exhibiting significant rigidity in routines and displays marked distress over changes in the routine, and/or has a significantly persistent preoccupation with or attachment to objects or topics. 2.09(1)(b) The following characteristics may be present in a child with ASD, but shall not be the sole basis for determining that a child is an eligible child with ASD if the child does not also meet the eligibility criteria set out in subsection (a) of this rule, above. 2.09(1)(b)(i) The child exhibits delays or regressions in motor, sensory, social or learning skills. 2.09(1)(b)(ii) The child exhibits precocious or advanced skill development, while other skills may develop at or below typical developmental rates. 2.09(1)(b)(iii) The child exhibits atypicality in thinking processes and in generalization.

The child exhibits strengths in concrete thinking while difficulties are demonstrated in abstract thinking, awareness and judgment. Perseverative thinking and impaired ability to process symbolic information is present. 2.09(1)(b)(iv) The child exhibits unusual, inconsistent, repetitive or unconventional responses to sounds, sights, smells, tastes, touch or movement. 2.09(1)(b)(v) The child’s capacity to use objects in an age appropriate or functional manner is absent or delayed. The child has difficulty displaying a range of interests or imaginative activities or both. 2.09(1)(b)(vi) The child exhibits stereotypical motor movements, which include repetitive use of objects and/or vocalizations, echolalia, rocking, pacing or spinning self or objects. 2.09(2) A child with Hearing Impairment, Including Deafness shall have a deficiency in hearing sensitivity as demonstrated by an elevated threshold of auditory sensitivity to pure tones or speech where, even with the help of amplification, the child is prevented from receiving reasonable educational benefit from general education. 2.09(2)(a) A “deficiency in hearing sensitivity” shall be one of the following as measured by behavioral or electrophysiological audiological assessments: 2.09(2)(a)(i) Three frequency, pure tone average hearing loss in the speech range (500 – 4000 Hertz Hz) of at least 20 decibels Hearing Level (dBHL) in the better ear which is not reversible. 2.09(2)(a)(ii) A high frequency, pure tone average hearing loss of at least 35 dBHL in the better ear for two or more of the following frequencies: 2000, 3000, 4000 or 6000 Hz. 2.09(2)(a)(iii) A three frequency, pure tone average unilateral hearing loss in the speech range (500 – 4000Hz) of at least 35 dBHL which is not reversible. 2.09(2)(a)(iv) A transient hearing loss, meeting one of the criteria in (a)(i) – (a)(iii) above, that is exhibited for three (3) months cumulatively during a calendar year (i.e., any three months during the calendar year) and that typically is caused by non-permanent medical conditions such as otitis media or other ear problems. 2.09(2)(b) The Hearing Impairment, Including Deafness, as described above, prevents the child from receiving reasonable educational benefit from general education as evidenced by one or more of the following: 2.09(2)(b)(i) Delay in auditory skills and/or functional auditory performance including speech perception scores (in quiet or noise), which demonstrates the need for specialized instruction in auditory skill development or assistive technology use; 2.09(2)(b)(ii) Receptive and/or expressive language (spoken or signed) delay including a delay in syntax, pragmatics, semantics, or if there is a significant discrepancy between the receptive and expressive language scores and/or function which adversely impacts communication and learning; 2.09(2)(b)(iii) An impairment of speech articulation, voice and/or fluency; 2.09(2)(b)(iv) Lack of adequate academic achievement and/or sufficient progress to meet age or state-approved grade-level standards in reading, writing, and/or math; 2.09(2)(b)(v) Inconsistent performance in social and learning environments compared to typically developing peers; and/or 2.09(2)(b)(vi) Inability to demonstrate self advocacy skills or utilize specialized technology/resources to access instruction. 2.09(3) A child with a Serious Emotional Disability shall have emotional or social functioning which prevents the child from receiving reasonable educational benefit from general education. 2.09(3)(a) Serious Emotional Disability means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree: 2.09(3)(a)(i) An inability to learn which is not primarily the result of intellectual, sensory or other health factors; 2.09(3)(a)(ii) An inability to build or maintain interpersonal relationships which significantly interferes with the child’s social development; 2.09(3)(a)(iii) Inappropriate types of behavior or feelings under normal circumstances; 2.09(3)(a)(iv) A general pervasive mood of unhappiness or depression; and/or 2.09(3)(a)(v) A tendency to develop physical symptoms or fears associated with personal or school problems. 2.09(3)(b) As a result of the child’s Serious Emotional Disability, as described above, the child exhibits one of the following characteristics: 2.09(3)(b)(i) Impairment in academic functioning as demonstrated by an inability to receive reasonable educational benefit from general education which is not primarily the result of intellectual, sensory, or other health factors, but due to the identified serious emotional disability. 2.09(3)(b)(ii) Impairment in social/emotional functioning as demonstrated by an inability to build or maintain interpersonal relationships which significantly interferes with the child’s social development. Social development involves those adaptive behaviors and social skills which enable a child to meet environmental demands and assume responsibility for his or her own welfare. 2.09(3)(c) In order to qualify as a child with a Serious Emotional Disability, all four of the following qualifiers shall be documented: 2.09(3)(c)(i) A variety of instructional and/or behavioral interventions were implemented within general education and the child remains unable to receive reasonable educational benefit from general education. 2.09(3)(c)(ii) Indicators of social/emotional dysfunction exist to a marked degree; that is, at a rate and intensity above the child's peers and outside of his or her cultural norms and the range of normal development expectations. 2.09(3)(c)(iii) Indicators of social/emotional dysfunction are pervasive, and are observable in at least two different settings within the child's environment. For children who are attending school, one of the environments shall be school. 2.09(3)(c)(iv) Indicators of social/emotional dysfunction have existed over a period of time and are not isolated incidents or transient, situational responses to stressors in the child's environment. 2.09(3)(d) The term “Serious Emotional Disability” does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disability under paragraph (3)(a) of this section 2.09. 2.09(4) A child with an Intellectual Disability shall have reduced general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which prevents the child from receiving reasonable educational benefit from general education. 2.09(4)(a) Criteria for Intellectual Disability preventing the child from receiving reasonable educational benefit from regular education shall include: 2.09(4)(a)(i) A full scale score of 2.0 or more standard deviations below the mean on individually administered measures of cognition. 2.09(4)(a)(ii) A comprehensive adaptive skills assessment based on a body of evidence that reflects the child’s social, linguistic, and cultural background. The level of independent adaptive behavior is significantly below the culturally imposed expectations of personal and social responsibility. This body of evidence shall include results from each of the following: 2.09(4)(a)(ii)(A) A full scale score of 2.0 or more standard deviations below the mean on a standard or nationally normed assessment of adaptive behavior; 2.09(4)(a)(ii)(B) Interview of parents; and 2.09(4)(a)(ii)(C) Observations of the child’s adaptive behavior that must occur in more than one educational setting. A discrepancy must occur in two or more domains related to adaptive behavior in more than one educational setting. 2.09(4)(b) A deficiency in academic achievement, either as indicated by scores 2.0 or more standard deviations below the mean in formal measures of language, reading and math, or a body of evidence on informal measures when it is determined that reliable and valid assessment results are not possible due to the student’s functioning level. 2.09(5) A child with Multiple Disabilities shall have two or more areas of significant impairment, one of which shall be an intellectual disability. The other areas of impairment include: Orthopedic Impairment; Visual Impairment, Including Blindness; Hearing Impairment, Including Deafness;

Speech or Language Impairment; Serious Emotional Disability; Autism Spectrum Disorders;

Traumatic Brain Injury; or Other Health Impaired. The combination of such impairments creates a unique condition that is evidenced through a multiplicity of severe educational needs which prevent the child from receiving reasonable educational benefit from general education. 2.09(5)(a) In order to be eligible as a child with multiple disabilities, the child must satisfy all eligibility criteria for each individual disability, as described in these Rules. Documentation for each identified eligibility category must be included. 2.09(5)(b) The Multiple Disabilities, as described in section 2.09(5) above, prevents the child from receiving reasonable educational benefit from general education such that the child exhibits two or more of the following: 2.09(5)(b)(i) Inability to comprehend and utilize instructional information. 2.09(5)(b)(ii) Inability to communicate efficiently and effectively. 2.09(5)(b)(iii) Inability to demonstrate problem solving skills when such information is presented in a traditional academic curriculum. 2.09(5)(b)(iv) Inability to generalize skills consistently. 2.09(6) A child with an Orthopedic Impairment has a severe neurological/muscular/skeletal abnormality that impedes mobility, which prevents the child from receiving reasonable educational benefit from general education. 2.09(6)(a) Orthopedic Impairment may be a result of a congenital anomaly (e.g. spina bifida, osteogenesis imperfecta, clubfoot); effects of a disease (e.g. bone tumor, muscular dystrophy, juvenile arthritis); or from other causes (e.g. cerebral palsy, amputations, trauma, and/or fractures or burns that cause contractures). 2.09(6)(b) The Orthopedic Impairment, as described above, prevents the child from receiving reasonable educational benefit from general education because the disabling condition interferes with functions of daily living, including but not limited to, ambulation, attention, hand movements, coordination, communication, self-help skills and other activities of daily living, to such a degree that the child requires specialized instruction and related services, which may include special equipment. 2.09(7) Other Health Impaired (OHI) means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment due to a chronic or acute health problem, including but not limited to asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, leukemia, kidney disease, sickle cell anemia or Tourette syndrome.

As a result of the child’s Other Health Impairment, as described above, the child is prevented from receiving reasonable educational benefit from general education, as evidenced by one or more of the following: 2.09(7)(a) Limited strength as indicated by an inability to perform typical tasks at school; 2.09(7)(b) Limited vitality as indicated by an inability to sustain effort or to endure throughout an activity; and/or 2.09(7)(c) Limited alertness as indicated by an inability to manage and maintain attention, to organize or attend, to prioritize environmental stimuli, including heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment. 2.09(8) A child with a Specific Learning Disability shall have a learning disorder that prevents the child from receiving reasonable educational benefit from general education. 2.09(8)(a) Specific Learning Disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

Specific Learning Disability does not include learning problems that are primarily the result of: visual impairment, including blindness; hearing impairment, including deafness; orthopedic impairment; intellectual disability; serious emotional disability; cultural factors; environmental or economic disadvantage; or limited English proficiency. 2.09(8)(b) A child may be determined to have a Specific Learning Disability that prevents the child from receiving reasonable educational benefit from general education if a body of evidence demonstrates the following criteria are met: 2.09(8)(b)(i) The child does not achieve adequately for the child’s age or to meet state-approved grade-level standards and exhibits significant academic skill deficit(s) in one or more of the following areas when provided with learning experiences and instruction appropriate for the child’s age or state-approved grade-level standards: 2.09(8)(b)(i)(A) Oral expression; 2.09(8)(b)(i)(B) Listening comprehension; 2.09(8)(b)(i)(C) Written expression; 2.09(8)(b)(i)(D) Basic reading skill; 2.09(8)(b)(i)(E) Reading fluency skills; 2.09(8)(b)(i)(F) Reading comprehension; 2.09(8)(b)(i)(G) Mathematical calculation; 2.09(8)(b)(i)(H) Mathematics problem solving; and 2.09(8)(b)(ii) The child does not make sufficient progress to meet age or stateapproved grade-level standards in one or more of the areas identified in Section 2.09(8)(b)(i) when using a process based on the child’s response to scientific, research-based intervention. 2.09(9) A child with a Speech or Language Impairment shall have a communicative disorder which prevents the child from receiving reasonable educational benefit from general education. 2.09(9)(a) Speech or Language Impairment may be classified under the headings of articulation, fluency, voice, functional communication or delayed language development and shall mean a dysfunction in one or more of the following: 2.09(9)(a)(i) Receptive and expressive language (oral and written) difficulties, including syntax (word order, word form, developmental level), semantics (vocabulary, concepts and word finding), and pragmatics (purposes and uses of language); 2.09(9)(a)(ii) Auditory processing, including sensation (acuity), perception (discrimination, sequencing, analysis and synthesis), association and auditory attention; 2.09(9)(a)(iii) Deficiency of structure and function of oral peripheral mechanism; 2.09(9)(a)(iv) Articulation including substitutions, omissions, distortions or additions of sound; 2.09(9)(a)(v) Voice, including deviation of respiration, phonation (pitch, intensity, quality), and/or resonance; 2.09(9)(a)(vi) Fluency, including hesitant speech, stuttering, cluttering and related disorders; and/or 2.09(9)(a)(vii) Problems in auditory perception such as discrimination and memory. 2.09(9)(b) The Speech or Language Impairment, as set out above, prevents the child from receiving reasonable educational benefit from general education and shall include one or more of the following: 2.09(9)(b)(i) Interference with oral and/or written communication in academic and social interactions in his/her primary language; 2.09(9)(b)(ii) Demonstration of undesirable or inappropriate behavior as a result of limited communication skills; and/or 2.09(9)(b)(iii) The inability to communicate without the use of assistive, augmentative/alternative communication devices or systems. 2.09(10) A child with a Traumatic Brain Injury (TBI) is a child with an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, which impairment adversely affects the child’s ability to receive reasonable educational benefit from general education. A qualifying Traumatic Brain Injury is an open or closed head injury resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term “traumatic brain injury” under this rule does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. 2.09(10)(a) To be eligible as a child with a Traumatic Brain Injury, there must be evidence of the following criteria: 2.09(10)(a)(i) Either medical documentation of a traumatic brain injury, or a significant

history of one or more traumatic brain injuries reported by a reliable and credible source and/or corroborated by numerous reporters; and 2.09(10)(a)(ii) The child displays educational impact most probably and plausibly related to the traumatic brain injury. 2.09(10)(b) Additionally, to be eligible as a child with a Traumatic Brain Injury, the traumatic brain injury prevents the child from receiving reasonable educational benefit from general education as evidenced by one or more of the following: 2.09(10)(b)(i) A limited ability to sustain attention and/or poor memory skills, including but not limited to difficulty retaining short-term memory, long-term memory, working memory and incidental memory; 2.09(10)(b)(ii) An inefficiency in processing, including but not limited to a processing speed deficit and/or mental fatigue; 2.09(10)(b)(iii) Deficits in sensory-motor skills that affect either one, or both, visual or auditory processing, and may include gross motor and/or fine motor deficits; 2.09(10)(b)(iv) Delays in acquisition of information including new learning and visualspatial processing; 2.09(10)(b)(v) Difficulty with language skills, including but not limited to receptive language, expressive language and social pragmatics; 2.09(10)(b)(vi) Deficits in behavior regulation, including but not limited to impulsivity, poor judgment, ineffective reasoning and mental inflexibility; 2.09(10)(b)(vii) Problems in cognitive executive functioning, including but not limited to difficulty with planning, organization and/or initiation of thinking and working skills; 2.09(10)(b)(viii) Delays in adaptive living skills, including but not limited to difficulty with activities of daily living (ADL); and/or 2.09(10)(b)(ix) Delays in academic skills, including but not limited to reading, writing, and math delays that cannot be explained by any other disability. They may also demonstrate an extremely uneven pattern in cognitive and achievement testing, work production and academic growth. 2.09(11) A child with a Visual Impairment, Including Blindness has an impairment in vision that, even with correction, adversely affects the child’s educational performance and that requires specialized instruction. The term includes low vision, blindness and/or progressive vision loss. 2.09(11)(a) A determination that a child is an eligible child with a Visual Impairment, Including Blindness may include but not be limited to: 2.09(11)(a)(i) Visual acuity of no better than 20/70 in the better eye after correction; 2.09(11)(a)(ii) Visual field restriction to 20 degrees or less; and/or 2.09(11)(a)(iii) A physical condition of visual system which cannot be medically corrected and, as such, affects visual functioning to the extent that specially designed instruction is needed. These criteria are reserved for special situations such as, but not restricted to cortical visual impairment and/or a progressive visual loss where field and/or acuity deficits alone may not meet the aforementioned criteria. 2.09(12) A child with Deaf-blindness has concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. A child may qualify as an eligible child with Deaf-blindness by meeting one of the following criteria: 2.09(12)(a) The child shall have a deficiency in hearing sensitivity as demonstrated by an elevated threshold of auditory sensitivity to pure tones or speech, as specified in section 2.09(2)(a) and (b); and a deficiency in visual acuity and/or visual field and/or visual functioning, as specified in section 2.09(11)(a) and (b), where, even with the help of amplification and/or use of lenses or corrective devices, he/she is prevented from receiving reasonable educational benefit from general education; or 2.09(12)(b) The child has documented hearing and/or visual impairment that, if considered individually per section 2.09(2)(a) and (b) and section 2.09(11)(a) and (b), may not meet the requirements for Hearing Impairment, Including Deafness or Visual Impairment, Including Blindness, but the combination of such losses adversely affect the student’s educational performance; or 2.09(12)(c) The child has a documented medical diagnosis of a progressive medical condition that will result in concomitant hearing and visual losses. 2.09(13) A child with a Developmental Delay shall be three through eight years of age and who is experiencing developmental delays in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development and as a result is unable to receive reasonable educational benefit from general education and requires special education and related services. 2.09(13)(a) For children ages three through eight efforts will be made to identify a child’s primary disability under one of the other Part B eligibility criteria. A child shall be determined to be eligible under the Developmental Delay category only in those situations in which a clear determination cannot be made under any other category as measured by developmentally appropriate diagnostic instruments and procedures. In order for a child to be deemed a child with a Developmental Delay, multiple sources of information must be used to determine if a child meets one or more of the following criteria: 2.09(13)(a)(i) A score in the seventh percentile or below on a valid standardized diagnostic instrument, or the technical equivalent in standard scores (77 if the mean is 100 and the standard deviation is 15) or standard deviations (1.5 standard deviations below the mean) in one or more of the following areas of development: physical development, cognitive development, communication development, social or emotional development, or adaptive development as one of the multiple sources of evaluation information; 2.09(13)(a)(ii) Empirical data showing a condition known to be associated with significant delays in development; or 2.09(13)(a)(iii) A body of evidence indicating that patterns of learning are significantly different from age expectations across settings and there is written documentation by the evaluation team which includes the parent(s). 2.09(14) An Infant / Toddler with a Disability shall be a child from birth through two years of age meeting the definition and criteria described in 2 CCR 503-1, 16.920 D. 2.10 Communication Mode or Language Communication Mode or Language means one or more of the following systems or methods of communication applicable to children who are deaf or hard of hearing: 2.10(1) American Sign Language; 2.10(2) English-based manual or sign systems; or 2.10(3) Oral, aural, or speech-based training. 2.11 Consent Consent means that: 2.11(1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication; 2.11(2) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and 2.11(3)(a) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime. 2.11(3)(b) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). 2.11(3)(c) If the parent revokes consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent. 2.12 Day; Business Day; School Day 2.12(1) Day means calendar day unless otherwise indicated as business day or school day. 2.12(2) Business Day means Monday through Friday, except for federal and state holidays (unless holidays are specifically included in the designation of business day (e.g., 34 CFR §300.148(d)(1)(ii)). 2.12(3) School Day has the same meaning for all children in school, including children with and without disabilities and shall mean any day, including a partial day that children are in attendance at school for instructional purposes. 2.13 Department Department means the Department of Education, created and existing pursuant to Section 24-1-115, C.R.S. 2.14 Department of Early Childhood Programs 2.14(1) Department of Early Childhood (CDEC) means the department of early childhood created in 26.5- 1.104, C.R.S. 2.14(2) Local Coordinating Organization (LCO) means an entity as defined in 26.5-2-102(5), C.R.S. 2.14(3) Preschool Provider means an entity as defined in 26.5-4-203(14), C.R.S. 2.14(4) Universal Preschool Program or Preschool Program means the preschool program created in 26.5-4-201 et. seq., C.R.S. As defined in 26.5-4-203(4), C.R.S., Preschool Program includes all participating Preschool Providers. 2.15 Educational Surrogate Parent Educational Surrogate Parent shall mean a person who meets the qualifications established in Section 6.02(8)(e)(iii) of these Rules and is assigned to represent the child in all educational decision-making processes pertaining to the identification, evaluation, educational placement of the child and the provision of a free, appropriate public education to the child whenever the parent of a child with a disability is unknown, cannot be located, is unavailable or the child is a ward of the State. The assignment of an educational surrogate parent shall be in accordance with Section 6.02(8) of these Rules. 2.16 Equipment Equipment means that equipment used especially for the instruction or evaluation of children with 2.17 ESEA ESEA means the federal “Elementary and Secondary Education Act”, 20 U.S.C. § §6301-9276. 2.18 Evaluation 2.18(1) For purposes of Part B of IDEA, the term “Evaluation” means procedures used in accordance with

Section 4.02(2) of these Rules, to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs. 2.19 Excess Costs When used in 34 CFR Part B, Excess Costs means those costs that are in excess of the average annual per-student expenditure in an AU or state-operated program during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting: 2.19(1) Amounts received: 2.19(1)(a) Under Part B of the Act; 2.19(1)(b) Under Part A of Title I of the ESEA; and 2.19(1)(c) Under Parts A and B of Title III of the ESEA and; 2.19(2) Any state or local funds expended for programs that would qualify for assistance under any of the Parts described in paragraph (1) of this Section, but excluding any amounts for capital outlay or debt service. (See Appendix A of 34 CFR Part 300 for an example of how excess costs must be calculated.) 2.19(3) This definition for “Excess Costs” is different from the term “Tuition Costs” as defined in Section 9.00 of these Rules. 2.20 Facility Facility means a day treatment center, residential child care facility, or other facility licensed by the department of human services pursuant to section 26-6-104, C.R.S., or a hospital licensed by the department of public health and environment pursuant to section 25-1.5-103, C.R.S. 2.20(1) Approved Facility School means an educational program that is operated by a facility or a specialized day school authorized by CDE’s Office of Facility Schools to provide educational services to students placed in the facility, including special education services to children with disabilities, and that has been placed, pursuant to section 22-2-407, C.R.S., on the list of facility schools that are approved to receive reimbursement for providing those educational services. An educational program provided by an administrative unit at a facility is not an approved facility school, but rather is an educational program of the administrative unit that does not require approval by the Department. 2.21 Free Appropriate Public Education Free Appropriate Public Education or FAPE means special education and related services that: 2.21(1) Are provided at public expense, under public supervision and direction, and without charge; 2.21(2) Meet the standards of the Department, including the requirements of these Rules; 2.21(3) Include an appropriate preschool, elementary school, or secondary school education in the State; 2.21(4) Are provided in conformity with an individualized education program (IEP) that meets the IEP content, development, review and revision requirements of Section 4.03 of these Rules and 34 CFR § §300.320 through 300.324. 2.22 Homeless Children Homeless Children has the meaning given the term Homeless Children and Youths in Section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq. and Section 22-1-102.5, C.R.S.

2.23 IDEA

IDEA means the federal “Individuals with Disabilities Education Improvement Act of 2004”, 20 U.S.C. §1400 et seq., as amended, and its implementing regulations, 34 CFR Part 300 and also 34 CFR Part 303, as those regulations pertain to child find. 2.24 Include Include means that the items named are not all of the possible items that are covered, whether like or unlike the ones named. 2.25 Individualized Education Program Individualized Education Program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with Section 4.03 of these Rules and 34 CFR § §300.320 through 300.324. 2.26 Individualized Education Program Team Individualized Education Program Team or IEP Team means a group of individuals described in Section 4.03(5) of these Rules that is responsible for developing, reviewing, or revising an IEP for a child with a 2.27 Individual Family Service Plan Individual Family Service Plan or IFSP means a written statement for a child from birth through two years of age with a disability, which statement is developed, reviewed, and revised in accordance with Part C Child Find of IDEA and with rules promulgated by the Department of Early Childhood.. 2.28 Institution of Higher Education Institution of Higher Education - 2.28(1) Has the meaning given the term in Section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C. 1021 et seq. (HEA); and 2.28(2) Also includes any community college receiving funds from the Secretary of the Interior under the tribally controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801, et seq. 2.29 Least Restrictive Environment Consistent with 34 CFR §300.114(a)(2), Least Restrictive Environment means that: 2.29(1) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and 2.29(2) Special classes, separate schooling, or other removal of children with disabilities from the general educational environment occurs only if the nature or severity of the disability is such that education in general educational classes with the use of supplementary aids and services cannot be achieved satisfactorily. 2.30 Limited English Proficient Limited English Proficient has the meaning given the term in 20 U.S.C. § 1401(18). 2.31 Literacy Mode Literacy Mode means one of the following four systems or methods of achieving literacy applicable to children who are blind: 2.31(1) Auditory Mode means any method or system of achieving literacy that depends upon the auditory senses, including the use of readers, taped materials, electronic speech, speech synthesis, or any combination of the above. 2.31(2) Braille means the system of reading and writing by means of raised points, commonly known as Standard English Braille. 2.31(3) Print Enlargement means any method or system of achieving literacy that includes optical aids to enhance apprehension of printed material, electronic enlargement or printed material, books and textual materials printed in large print, and any combination of the above. 2.31(4) Regular Print Mode means any method or system of achieving literacy that depends upon the apprehension of regular-sized printed material. 2.32 Local Educational Agency When used in 34 CFR Part B, the term Local Educational Agency means an administrative unit, as defined in Section 2.03 of these Rules, or a state-operated program as defined in Section 2.50 of these 2.33 Native Language 2.33(1) Native Language, when used with respect to an individual who is limited English proficient, means the following: 2.33(1)(a) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (1)(b) of this Section. 2.33(1)(b) In all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment. 2.33(2) For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication). 2.34 Parent 2.34(1) Parent means- 2.34(1)(a) A biological or adoptive parent of a child; 2.34(1)(b) A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent; 2.34(1)(c) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); 2.34(1)(d) An individual acting in the place of a biological or adoptive parent (including a grandparent, step-parent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or 2.34(1)(e) An educational surrogate parent who has been assigned in accordance with

Section 6.02(8) of these Rules. 2.34(2)(a) Except as provided in Section (2)(b) of this Rule 2.33, the biological or adoptive parent, when attempting to act as the parent under these Rules and when more than one party is qualified under Section (1) of this Rule 2.34 to act as a parent, must be presumed to be the parent for purposes of this Section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. 2.34(2)(b) If a judicial decree or order identifies a specific person or persons under Sections (1)(a) through (d) of this Rule 2.34 to act as the “parent” of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the “parent” for purposes of this Section. 2.35 Personally Identifiable Personally Identifiable means information that contains- 2.35(1) The name of the child, the child's parent, or other family member; 2.35(2) The address of the child; 2.35(3) A personal identifier, such as the child's social security number or student number; or 2.35(4) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty. 2.36 Public Agency The term “Public Agency”: 2.36(1) When used in connection with out of district placements, shall have the meaning given it in

Section 9.01(5) of these Rules. 2.36(2) When used in 34 CFR Part 300, shall mean an administrative unit, as defined in Section 2.03 of these Rules, and a state-operated program as defined in Section 2.50 of these Rules. In addition, the term “public agency” also includes the Department in the following circumstances: when used in 34 CFR 300.33 to define a public agency, in 34 CFR 300.151-153, Section 7.06 of these Rules, and the Department’s procedures to define a party subject to state complaint procedures, and in 34 CFR 300.507 and Section 6.02(7.5) of these Rules to define a party subject to due process complaint procedures. 2.37 Public Placement The term “Public Placement” shall have the meaning given it in Section 9.01(6) of these Rules. 2.38 Related Services 2.38(1) General.

Related Services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes audiology services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; early identification and evaluation of disabilities in children; counseling services, including rehabilitation counseling; orientation and mobility services; and medical services for diagnostic or evaluation purposes.

Related services also include school health services and school nurse services; social work services in schools; and parent counseling and training. 2.38(2) Exception.

Services that apply to children with surgically implanted devices, including cochlear implants. 2.38(2)(a) Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g., mapping), maintenance of that device, or the replacement of that device. 2.38(2)(b) Nothing in Section 2.38(2)(a)- 2.38(2)(b)(i) Limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in paragraph (a) of this

Section) that are determined by the IEP Team to be necessary for the child to receive FAPE. 2.38(2)(b)(ii) Limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or 2.38(2)(b)(iii) Prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required in 34 CFR §300.113(b). 2.38(3) Individual related services terms defined.

The terms used in this definition are defined as follows: 2.38(3)(a) Audiology includes- 2.38(3)(a)(i) Identification of children with hearing loss; 2.38(3)(a)(ii) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; 2.38(3)(a)(iii) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation; 2.38(3)(a)(iv) Creation and administration of programs for prevention of hearing loss; 2.38(3)(a)(v) Counseling and guidance of children, parents, and teachers regarding hearing loss; and 2.38(3)(a)(vi) Determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification. 2.38(3)(b) Counseling services means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. 2.38(3)(c) Early identification and assessment of disabilities in children means the implementation of a formal plan for identifying a disability as early as possible in a child's life. 2.38(3)(d) Interpreting services that includes- 2.38(3)(d)(i) The following, when used with respect to children who are deaf or hard of hearing: oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, such as communication access real-time translation (CART), c-print, and typewell; and 2.38(3)(d)(ii) Special interpreting services for children who are deaf-blind. 2.38(3)(e) Medical services means services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services. 2.38(3)(f) Occupational therapy- 2.38(3)(f)(i) Means services provided by a qualified occupational therapist; and 2.38(3)(f)(ii) Includes- 2.38(3)(f)(ii)(A) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation; 2.38(3)(f)(ii)(B) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and 2.38(3)(f)(ii)(C) Preventing, through early intervention, initial or further impairment or loss of function. 2.38(3)(g) Orientation and mobility services- 2.38(3)(g)(i) Means services provided to blind or visually impaired children by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; 2.38(3)(g)(ii) Includes teaching children the following, as appropriate: 2.38(3)(g)(ii)(A) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street); 2.38(3)(g)(ii)(B) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for children with no available travel vision; 2.38(3)(g)(ii)(C) To understand and use remaining vision and distance low vision aids; and 2.38(3)(g)(ii)(D) Other concepts, techniques, and tools. 2.38(3)(h) Parent counseling and training means assisting parents in understanding the special needs of their child; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP. 2.38(3)(i) Physical therapy means services provided by a qualified physical therapist. 2.38(3)(j) Psychological services includes- 2.38(3)(j)(i) Administering psychological and educational tests, and other assessment procedures; 2.38(3)(j)(ii) Interpreting assessment results; 2.38(3)(j)(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning; 2.38(3)(j)(iv) Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological test interviews, direct observation, and behavioral evaluations; 2.38(3)(j)(v) Planning and managing a program of psychological services, including psychological counseling for children and parents; and 2.38(3)(j)(vi) Assisting in developing positive behavioral intervention strategies. 2.38(3)(k) Recreation includes- 2.38(3)(k)(i) Assessment of leisure function; 2.38(3)(k)(ii) Therapeutic recreation services; 2.38(3)(k)(iii) Recreation programs in schools and community agencies; and 2.38(3)(k)(iv) Leisure education. 2.38(3)(l) Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. 2.38(3)(m) School health services and school nurse services means health services that are designed to enable a child with a disability to receive FAPE as described in the child's IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person. 2.38(3)(n) Social work services in schools includes- 2.38(3)(n)(i) Preparing a social or developmental history on a child with a disability; 2.38(3)(n)(ii) Group and individual counseling with the child and family; 2.38(3)(n)(iii) Working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school; 2.38(3)(n)(iv) Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program; and 2.38(3)(n)(v) Assisting in developing positive behavioral intervention strategies. 2.38(3)(o) Transportation includes- 2.38(3)(o)(i) Travel to and from school and between schools; 2.38(3)(o)(ii) Travel in and around school buildings; and 2.38(3)(o)(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability. 2.39 Scientifically Based Research Scientifically Based Research has the meaning given the term in 20 USC § 9501(18). 2.40 School 2.40(1) Elementary School When used in 34 CFR Part B, Elementary School means a nonprofit institutional day or residential school, including a public elementary charter school that provides elementary education, as determined under State law. 2.40(2) Secondary School When used in 34 CFR Part B, Secondary School means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12. 2.41 School District School District means a school district organized and existing pursuant to law, but shall not include a junior college district. 2.42 Services Plan Services Plan means a written statement that describes the special education and related services the administrative unit will provide to a parentally-placed child with a disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary, consistent with 34 CFR §300.132, and is developed and implemented in accordance with 34 CFR § §300.137 through 300.139. 2.43 Secretary The term “Secretary”, when used in 34 CFR Parts 300 and 303, means the Secretary of the United States 2.44 Special Education 2.44(1) General. 2.44(1)(a) Special Education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including - 2.44(1)(a)(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and 2.44(1)(a)(ii) Instruction in physical education. 2.44(1)(b) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (1)(a) of this Section - 2.44(1)(b)(i) Speech-language pathology services that includes - 2.44(1)(b)(i)(A) Identification of children with speech or language impairments; 2.44(1)(b)(i)(B) Diagnosis and appraisal of specific speech or language impairments; 2.44(1)(b)(i)(C) Referral for medical or other professional attention necessary for the habilitation of speech or language impairments; 2.44(1)(b)(i)(D) Provision of speech and language services for the habilitation or prevention of communicative impairments; and 2.44(1)(b)(i)(E) Counseling and guidance of parents, children, and teachers regarding speech and language impairments. 2.44(1)(b)(i)(F) Rule of construction: A child with a disability, as defined in

Section 2.09 of these Rules, shall be entitled to receive speech language pathology services as specially designed instruction if the child’s IEP Team determines that the child needs speech language pathology services in order to receive a free appropriate public education. 2.44(1)(b)(ii) Travel training; and 2.44(1)(b)(iii) Vocational education. 2.44(2) Individual special education terms defined.

The terms in this definition are defined as follows: 2.44(2)(a) At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the general education program. 2.44(2)(b) Physical education means - 2.44(2)(b)(i) The development of - 2.44(2)(b)(i)(A) Physical and motor fitness; 2.44(2)(b)(i)(B) Fundamental motor skills and patterns; and 2.44(2)(b)(i)(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and 2.44(2)(b)(ii) Includes special physical education, adapted physical education, movement education, and motor development. 2.44(2)(c) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction - 2.44(2)(c)(i) To address the unique needs of the child that result from the child's disability; and 2.44(2)(c)(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards of the responsible administrative unit or state-operated program as established in Section 8.00 of these Rules. 2.44(2)(d) Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to - 2.44(2)(d)(i) Develop an awareness of the environment in which they live; and 2.44(2)(d)(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community). 2.44(2)(e) Vocational education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree. 2.45 Special Education Expenditures Special Education Expenditures are those costs which are incurred by an administrative unit, stateoperated program or approved facility school for professional services associated with special education referrals and evaluations of children who may be disabled and for the provision of special education and related services as identified on individual students' Individualized Educational Programs (IEPs), and do not include costs of the regular education program. Special Education expenditures shall be supplemental to the general education program and shall be above what is provided by the administrative unit, stateoperated program, or approved facility school for general education students and staff and may include: 2.45(1) Special education teachers; 2.45(2) Home-hospital teachers for students with disabilities; 2.45(3) Speech-language pathologists and speech-language pathology assistants; 2.45(4) Specialty teachers (e.g., adapted physical education teachers, music teachers, art teachers, family and consumer education teachers, and industrial/technical education teachers); 2.45(5) Special education instruction paraprofessionals; 2.45(6) Educational interpreters; 2.45(7) School nurses; 2.45(8) Occupational therapists and occupational therapy assistants; 2.45(9) Physical therapists and physical therapy assistants; 2.45(10) School psychologists; 2.45(11) School social workers; 2.45(12) Audiologists; 2.45(13) Orientation and mobility specialists; 2.45(14) Other special education professionals; 2.45(15) Special education administrators and office support; 2.45(16) Other noncertified or nonlicensed support; 2.45(17) Employee benefits for special education staff; 2.45(18) Supplies, materials, and equipment used for individual students’ special education programs and services; 2.45(19) Purchased service contracts for personal services; 2.45(20) Tuition to other administrative units and approved tuition rates to approved facility schools for special education; 2.45(21) Staff travel related to special education; 2.45(22) Professional development for special education staff, or all staff, if the content of the professional development is specific to services for children with disabilities; 2.45(23) Other purchased services related to special education; 2.45(24) Dues, fees and other expenditures specific to the special education program; and 2.45(25) Parent counseling and training, as defined by the IDEA and its implementing regulations. 2.46 Special Education Services Special Education Services or Special Education Programs means the services or programs provided to a child with a disability in conformity with the child’s IEP. 2.47 State Board State Board means the State Board of Education, created and existing pursuant to Section 1 of Article IX of the State Constitution. 2.48 State Charter School Institute State Charter School Institute means the State Charter School Institute created pursuant to Part 5 of

Article 30.5 of Title 22, C.R.S. 2.49 State Educational Agency The term “State Educational Agency”, when used in 34 CFR Parts 300 and 303, means the Colorado 2.50 State-Operated Program State-Operated Program means an approved school program supervised by the Department and operated by: 2.50(1) The Colorado School for the Deaf and the Blind, including any schools authorized under Section 22-80-102(4)(b), C.R.S.; 2.50(2) The Department of Corrections; or 2.50(3) The Department of Human Services, including but not limited to the Division of Youth Corrections and the Mental Health Institutes at Fort Logan and Pueblo. 2.51 Supplementary Aids and Services Supplementary Aids and Services means aids, services, and other supports that are provided in general education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with 34 CFR § §300.114 through 300.116. 2.52 Transition Services 2.52(1) Transition Services means a coordinated set of activities for a child with a disability that – 2.52(1)(a) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; 2.52(1)(b) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes - 2.52(1)(b)(i) Instruction; 2.52(1)(b)(ii) Related services; 2.52(1)(b)(iii) Community experiences; 2.52(1)(b)(iv) The development of employment and other post-school adult living objectives; and 2.52(1)(b)(v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation. 2.52(2) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education. 2.53 Universal Design The term “Universal Design”, when used in 34 CFR Parts 300 and 303, has the meaning given the term in

Section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. 3002. 2.54 Ward of the State As used in 34 CFR Part B, the term Ward of the State means: 2.54(1) General. Subject to 2.54(2) of this Section, ward of the State means a child who, as determined by the State where the child resides, is - 2.54(1)(a) A foster child; 2.54(1)(b) A ward of the State; or 2.54(1)(c) In the custody of a public child welfare agency. 2.54(2) Exception. Ward of the State does not include a foster child who has a foster parent who meets the definition of a parent in Section 2.34 of these Rules.

3.00 ADMINISTRATION 3.01 Standards For Administrative Units 3.01(1) A special education AU shall satisfy the following standards: 3.01(1)(a) The AU must be of sufficient size and geographic makeup to fulfill the requirements of the IDEA, the ECEA, and their implementing regulations. Whether an AU is of sufficient size and geographic makeup shall be measured by the AU’s compliance or ability to comply with the standards and responsibilities of AUs in these rules and: 3.01(1)(a)(i) The AU’s performance as determined by monitoring activities conducted by the Department including: desk audits; focused and comprehensive on-site monitoring; dispute resolution findings; and verification activities to ensure timely correction of noncompliance; 3.01(1)(a)(ii) The AU’s performance as determined by its annual determination issued by the Department consistent with 34 CFR § 300.604 and related indicators under Colorado’s IDEA Part B State Performance Plan; 3.01(1)(a)(iii) A federal application, approved by the Department, for IDEA Part B and Preschool grant funds; 3.01(1)(a)(iv) Compliance with all federal and state reporting requirements, including fiscal and data reporting requirements; 3.01(1)(a)(v) Compliance with IDEA Part B and IDEA Preschool grant fiscal requirements, including maintenance of effort, excess costs and “supplement not supplant” requirements; and 3.01(1)(a)(vi) Maintaining auditable documentation to track expenditures of state and federal special education funds, to ensure that the funds are used solely for allowable uses, as defined by federal and state law; 3.01(1)(b) Provide for 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 with disabilities as defined by ECEA Rule 2.09. 3.01(1)(c) Employment of a properly licensed and endorsed professional who will function at least half time as director of special education and who has the authority and responsibility to assure that all the duties and responsibilities of the AU as specified in these Rules are carried out. 3.01(1)(d) Development and implementation of compliant special education comprehensive plan as required by IDEA and approved by the Department. 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 board as follows: 3.01(1)(f)(i) In the case of a single district AU, the local board of education; 3.01(1)(f)(ii) In the case of an AU that is a board of cooperative services, the board of cooperative services; 3.01(1)(f)(iii) In the case of a multi-district AU, governance consistent with the AU’s operating agreement; 3.01(1)(f)(iv) In the case of the Charter School Institute, the Institute Board; and 3.01(1)(f)(v) In the case of a charter school collaborative or charter school network, governance consistent its governing charter or agreement. 3.01(2) Organization of Administrative Units Every school district and Board of Cooperative Services that provides services to children with disabilities must be an administrative unit or a part of an administrative unit. Every charter school shall be part of an administrative unit, which may be an alternative administrative unit. 3.01(2)(a) Districts that do not meet the qualifications of an administrative unit must enter into an operating agreement to become part of an approved administrative unit that is a board of cooperative services and must abide by all policies and procedures contained in that unit’s comprehensive plan. Multi-district administrative units must have signed operating agreements entered into by the administrative unit with its member districts.

Such operating agreements must clearly set out the special education responsibilities of the administrative unit and each member district and must be binding throughout the period of the operating agreement, regardless of change in governance of the member school districts, change in composition of the administrative unit, or personnel changes in a member district or the administrative unit. The operating agreement must also address the special education fiscal arrangement between the AU and its member districts. 3.01(2)(a)(i) In addition to any other contractual remedies that may be set forth in the operating agreement, the AU shall be authorized to retain all or any portion of the IDEA and ECEA fund allocation attributable to a particular member district as necessary to cover the costs of meeting special education responsibilities to students within the member district. 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 and until such time when the Department approves new or reorganized administrative units that serve all students in the current administrative unit. 3.01(2)(c) Existing units that 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. 3.01(3) Applications for new or reorganized Administrative Units 3.01(3)(a) Administrative units or member school districts of administrative units desiring to form new or reorganized administrative units must apply to the State Director of Special Education and, if applicable, the AU of which the district is currently a member pursuant to the timelines set forth below. This application must demonstrate that the applicant can meet the standards of 3.01. In addition, the application must include the following: 3.01(3)(a)(i) A letter of intent that: 3.01(3)(a)(i)(A) Specifies the objectives to be sought by the change; 3.01(3)(a)(i)(B) States the positions of the entities impacted by the application (e.g. existing BOCES and member districts), based on a conferral that occurred prior to filing the application; 3.01(3)(a)(i)(C) States whether any entity has requested a third-party review of the application, based on a conferral that occurred prior to filing the application and confirms that the parties agreed upon the third-party. 3.01(3)(a)(ii) If a BOCES is seeking to dissolve and all districts are seeking to join another reorganized AU or become a new AU, applications must address clear plans for maintaining services for all students in the existing BOCES because the Department will not grant an application for a new or reorganized AU until all students in the current AU are under new approved comprehensive plans; 3.01(3)(a)(iii) For any applicant that has not met the federal and/or state requirements for provision of special education services to students with disabilities, the application must demonstrate that the proposed administrative unit will have the capacity to meet those requirements; 3.01(3)(a)(iv) Identify all due process hearings or state complaints that have involved the applicant district (the district seeking to become a new AU or join a reorganized AU) or any of its schools within the past four school years inclusive of the year in which the application is made; 3.01(3)(a)(iv)(A) If the decisions or actions of the applicant district’s staff resulted in any adverse findings against the existing AU because of a due process hearing or state complaint, the applicant district must evidence that all required corrective actions required by the administrative law judge or state complaint officer have been completed in full. 3.01(3)(a)(v) Identify any findings of noncompliance resulting from any general supervision or monitoring activities conducted by the Department that involved the applicant district or any of its schools within the past four school years inclusive of the year in which the application is made; and 3.01(3)(a)(v)(A) The applicant district must evidence that all corrective actions required by the Department have been completed in full. 3.01(3)(a)(vi) An analysis that addresses the following: 3.01(3)(a)(vi)(A) If the applicant district(s) is/are approved to form a new or reorganized AU, what are the projected revenues and expenditures for the newly formed AU(s), and/or reorganized AU(s), and any existing AUs? 3.01(3)(a)(vi)(B) If the applicant district(s) is/are approved to form a new or reorganized AU(s), what are the programmatic impacts for special education services for both the new or reorganized AU and any existing administrative unit? 3.01(3)(a)(vi)(C) If the applicant district(s) is/are approved to form a new or reorganized AU, what is the potential impact on recruiting and retaining qualified special education teachers and special service providers for the new or reorganized AU(s) and any existing administrative unit? 3.01(3)(a)(vi)(D) If the applicant district(s) is/are approved to form a new or reorganized AU, what are the potential negative impacts of the reorganization on services to all eligible special education students within the existing AU’s jurisdiction and can they be mitigated? 3.01(3)(a)(vi)(E) Will the new or reorganized AU(s) improve the academic and functional outcomes of special education students through the efficient and effective delivery of special education services to special education students within its jurisdiction? 3.01(3)(a)(vii) If one of the impacted parties requested (during the pre-filing conferral process) that a report be completed by an agreed-upon third party, the third-party report should be submitted with the application for a new or reorganized administrative unit. 3.01(3)(b) A charter school network or charter school collaborative seeking to become approved and designated as an administrative unit shall submit an application to the State Director of Special Education pursuant to this Rule 3.01(3), which application shall also include evidence that each charter school expected to participate in the new administrative unit: 3.01(3)(b)(i) Demonstrates the capacity and commitment to serve children with disabilities, as defined in section 22–20–103, C.R.S., through an analysis of the charter school's existing record of serving children with disabilities or by expressly submitting a plan to the new administrative unit articulating an existing or intended commitment; 3.01(3)(b)(ii) Creates a strategic plan for the enrollment of children with disabilities in the charter school to increase educational options for families with children with disabilities; 3.01(3)(b)(iii) Has or develops and implements special education programming that results in the continued enrollment of children with disabilities; 3.01(3)(b)(iv) Has or develops and implements multi-tiered systems of support to identify and refer children with disabilities to special education services; and 3.01(3)(b)(v) Demonstrates how the new administrative unit will allow the charter school to better and more efficiently serve children with disabilities. 3.01(4) Timelines for Review of Application for a New or Reorganized Administrative Unit 3.01(4)(a) Before submitting an application for a new or reorganized AU, the prospective applicant should meet and confer with other impacted entities (e.g. the existing AU and other members of the existing AU) to discuss the intent to apply. In this conferral process, the potential applicant will confirm whether any of the impacted entities seeks a thirdparty review of the application. The parties are encouraged to begin conferral conversations early enough to ensure completion of the third-party report by the deadline. 3.01(4)(b) An application for a new or reorganized AU must be submitted by June 1 (or the next business day, if June 1 falls on a weekend). The Department will not begin review of the application until September 1 in order to provide the parties with time to do additional conferrals and/or mediation over the summer. If the parties determine through mediation or other conferrals that the application or the third-party report need revisions, the applicant may submit a revised application and/or third party report to the Department by September 1. This timeline is designed to ensure that the parties have sufficient time to review the budgetary and other impacts on the proposed change. The timeline is also designed to ensure that the applicant and other impacted entities receive a decision with sufficient time to plan for new budgets and new staffing in spring after receiving the Department’s decision, with a launch of the new or reorganized AU in the subsequent school year. 3.01(4)(c) After September 1, the Department shall review the application to determine whether it contains the documentation and information required by this Rule. The Department shall have until September 15 (or the next business day, if September 15 falls on a weekend or holiday) to determine whether the application is complete. The Department will provide the applicant and affected entities with written notification of whether the application is complete or whether additional information is requested and, if applicable, which specific information and/or documentation is being requested. The Department may also request that multiple entities submit applications jointly when the Department will not be able to grant one application unless it can grant all applications related to the students of an existing AU. 3.01(4)(d) The applicant shall have until September 29 (or the next business day if September 29 falls on a weekend) to provide any additional information requested or to resubmit applications jointly. 3.01(4)(e) If an applicant to form a new or reorganized administrative unit fails to timely submit a complete application containing the documentation and information required by this rule and the Department’s request, the application shall be deemed incomplete and shall be denied. 3.01(4)(f) When there is a request to submit a third-party report, the applicant will submit the third-party report with the application. The applicant shall be responsible for the cost of the third-party report. 3.01(4)(f)(i) The independent third party shall conduct an analysis of the questions stated in rule 3.01(3)(a)(vi). 3.01(4)(f)(ii) The independent third party shall possess sufficient expertise in the following areas: accounting, special education budget development and projection, special education fiscal requirements, and the delivery of special education services. 3.01(4)(f)(iii) The Department will provide technical assistance, upon request, regarding the completion of third-party reports. 3.01(4)(g) By June 15, either the applicant or the affected parties may request mediation. If mediation occurs, it should be completed by August 20. 3.01(4)(g)(i) The applicant and affected entities must agree on a mediator. The costs and expenses of the mediation will be split among the participating parties. 3.01(4)(g)(ii) Once selected by mutual agreement, the selected mediator will convene a meeting with representatives who have decision-making authority for the applicant(s) and the current administrative unit. Such meeting will be attended by representatives of the respective entities and may be attended by the attorneys of the parties. 3.01(4)(g)(iii) The Department will provide the mediator with the full application, the third-party report, if applicable, and any other relevant supporting documentation. 3.01(4)(g)(iv) The purpose of the mediation is to discuss the reasons the applicant(s) wish to form a new or reorganized AU and the facts that form the basis of the application(s), so that the affected entity or entities have the opportunity to resolve the disputes and concerns that are the basis for the application(s). 3.01(4)(h) The Department shall have until November 30 (or the next business day, if November 30 falls on a weekend or holiday) to approve or deny the application. 3.01(4)(i) For the 2025 application year only, the following modifications are made: an applicant must notify potentially impacted parties of an intent to file an application by June 1; however, the application and third-party report will not be due until August 1, 2025. All other deadlines and procedures remain the same. 3.01(5) Department of Education Approval of Application for a New or Reorganized Administrative Unit 3.01(5)(a) The Department shall approve an application for a new or reorganized administrative unit only if the application materials submitted by the applicant, any thirdparty report, and any other evidence considered and documented by the Department demonstrate: 3.01(5)(a)(i) That the proposed administrative unit will be able to meet all its obligations under state and federal special education law and the standards in these rules; and 3.01(5)(a)(ii) That the existing or remaining administrative unit will be able to meet all its obligations under state and federal special education law and the standards in these rules. 3.01(5)(b) The Department shall present its decision approving or denying an application in writing to the applicant and affected entities, including its reasons for denying an application, as applicable. 3.01(5)(c) If an affected entity disagrees with the determination of the Department, the affected entity may appeal the decision to the Commissioner of the Department of Education. In hearing an appeal, the Commissioner shall only overturn a decision by the Department upon a finding that in approving or denying the application, the Department or the applicant violated the application procedures or processes required by these rules, or that the Department’s decision was not supported the evidence presented in the application, the third-party report, and/or other relevant documentation named and considered in the Department’s written decision. The party bringing the appeal bears all burdens of proof, presentation, and persuasion to demonstrate that the decision of the Department should be overturned. 3.01(5)(c)(i) The affected entity shall submit its appeal to the Commissioner within 30 calendar days of the entity's receipt of the Department’s decision to approve or deny the application. 3.01(5)(c)(ii) The Commissioner shall consider the appeal and make a determination concerning the appeal by January 31 (or the next business day). The Commissioner shall provide written notice of the decision on appeal to the affected entity. 3.01(5)(c)(iii) The decision of the Commissioner shall be final and shall not be subject to further review. 3.02 Standards for Approved Facility Schools, State Operated Programs, and Department of Early Childhood Programs 3.02(1) Approved Facility Schools – see Rules for the Administration of the Facility Schools Act, 1 CCR 304-1. 3.02(2) State Operated Programs 3.02(2)(a) Minimum Standards for State Operated Programs.

State Operated Programs shall satisfy the following standards. 3.02(2)(a)(i) Employment of sufficient instructional and related services staff to identify and assess 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. 3.02(2)(a)(ii) Each state-operated program shall employ or contract in writing, on at least a part-time basis, for a Director of Special Education who meets the qualification standards established by Section 3.04(1)(d) of these Rules. 3.02(2)(a)(iii) Development and implementation of an approved special education comprehensive plan. 3.02(2)(a)(iv) Accurate completion and submission of all special education student, staff, cost and revenue data on or before dates established by the Department of Education. 3.02(2)(a)(v) Provision of special education and related services to all children with disabilities placed in or committed to the State Operated Program. 3.02(3) Department of Early Childhood Programs 3.02(3)(a) Minimum Standards for Department of Early Childhood Programs.

The Colorado Department of Education is the state educational agency responsible for compliance with IDEA, Part B, and the ECEA, including compliance within Department of Early Childhood programs. The local administrative unit is the local education agency responsible for identification, placement, re-evaluation, of special education and related services for students with disabilities. Accordingly, Department of Early Childhood Programs shall satisfy the following minimum standards related to IDEA Part B and the ECEA. 3.02(3)(a)(i) Complete all training and certification requirements established by the Department of Education for identifying children suspected of having a disability and referring such children to the appropriate administrative unit for evaluation.

Preschool Providers that have provided services to children with disabilities in prior Colorado public preschool programs are exempt from this requirement. 3.02(3)(a)(ii) Preschool Providers shall complete all special education training and licensing or authorization requirements for early childhood educators established by the Department of Education prior to any placement by the administrative unit of a child with disabilities in its program. Preschool Providers that have provided services to children with disabilities in prior Colorado public preschool programs are exempt from this requirement. 3.02(3)(a)(iii) Preschool providers that may provide preschool services to children with disabilities shall comply with all state and federal laws, regulations, requirements, including requirements and corrective actions established by the relevant administrative unit prior to placement by the administrative unit of a child with disabilities in its program. 3.02(3)(a)(iv) Preschool Providers shall employ sufficient staff that have completed the training and licensing or authorization requirements for early childhood educators established by the Department of Education prior to such staff providing services to children with disabilities at the direction of the administrative unit. 3.02(3)(b) Dispute Resolution Process for Special Education-Related Disputes Between Administrative Units and Department of Early Childhood Programs The following dispute resolution process applies to special education-related disputes between administrative units and Department of Early Childhood Programs. This process does not apply to disputes between an administrative unit and the state Department of Early Childhood. Disputes between parents/guardians and education providers are governed by Section 6 of these rules. 3.02(3)(b)(i) The Department of Early Childhood (CDEC) program and the administrative unit will arrange to discuss issues and work to resolve the dispute at the local level. 3.02(3)(b)(ii) If the parties are unable to resolve issues at the local level, the administrative unit may implement this dispute resolution process by notifying the Colorado Department of Education (CDE) or may seek other legal or equitable remedies that may be available to the administrative unit. 3.02(3)(b)(iii) The dispute resolution process is initiated by the administrative unit providing written notice to the CDE and the other parties to the dispute, describing the dispute with specificity and identifying the relief requested. The other parties to the dispute shall have fifteen calendar days to provide a written response. The parties to the dispute shall provide CDE with all documents and information requested by CDE, including, without limitation, any agreements between the parties, that are relevant in resolving the dispute. 3.02(3)(b)(iv) CDE, in consultation with CDEC as CDE deems appropriate, may implement, and apply remedies and sanctions, as reasonably necessary, including requirements of local agreements, training and technical assistance from state staff, or other appropriate remedies to effectively resolve the issues presented to CDE. Any decision issued by CDE is binding and must be implemented by the administrative unit and the CDEC program. Nothing in this

Section 3.02(b) shall be interpreted to confer authority on CDEC to issue orders, relief, or remedies. 3.03 Resource Allocation Sufficient personnel shall be available to provide for identification, referral, evaluation, determination of disability and eligibility for special education services and development and review of IEPs, and to provide appropriate special education instructional and related services to implement all IEPs for children with 3.03(1) Each administrative unit shall have a method or standards by which it determines the number and types of special education personnel required to meet the needs of children with disabilities. Such method or standard shall be a part of the local comprehensive plan. 3.03(2) Each administrative unit shall assure that licensed/certificated personnel qualified in a child's identified area(s) of need will have diagnostic and ongoing instructional responsibilities and contact with the child and the child's other service providers and parents. 3.04 Personnel Qualifications All personnel providing special education services to children with disabilities shall be qualified. 3.04(1) Personnel qualifications 3.04(1)(a) Teachers 3.04(1)(a)(i) Special education All special education teachers shall hold Colorado teacher's certificates or licenses with appropriate endorsements in special education. Special education teachers shall also meet the requirements under 34 C.F.R. § 300.156.

Each special education teacher will serve, at a minimum, a majority of special education students with the same identified area of need as that teacher's special education license or certification endorsement. The endorsement level must be appropriate for the age being taught. 3.04(1)(a)(ii) Home-hospital Home-hospital teachers for children with disabilities shall hold Colorado teacher's certificates or licenses. \\3.04(1)(a)(iii) Specialty Specialty teachers in music, art, adapted physical education, home economics, industrial arts and vocational education shall possess Colorado teacher's certificates or licenses with endorsements in the area of instruction. 3.04(1)(b) Related services personnel All related services personnel providing services to children with disabilities shall hold Colorado special services licenses or certificates with appropriate endorsements. For those areas for which Colorado special services licenses or certificates are not available, appropriate licenses from the state regulatory agency or professional organization registration are required. 3.04(1)(c) Special education coordinators Special education coordinators shall have at least a Bachelor's degree and certification and/or licensure in a relevant field. Documentation of their expertise shall be submitted to the Department of Education. 3.04(1)(d) Administrators Special education directors and assistant directors must possess a certificate or administrator's license with appropriate endorsement. 3.04(1)(e) Paraprofessionals Paraprofessionals may assist licensed personnel in the provision of services related to instruction or supervision of children and may assist in the provision of special education and related services. They must be appropriately and adequately trained and supervised based on their role. Each AU or approved facility school will determine the qualifications, competencies, and training required for paraprofessionals to ensure student safety and their preparation to assist in the lawful provision of special education and related services. The level of supervision should generally increase for students with a higher level of vulnerability due to their disability (e.g. line-of-sight supervision for non-verbal students). 3.04(1)(e)(i) Required training should be based on the necessary skills for the role of the paraprofessional and completed prior to starting service or within a reasonable period of time based on the necessity of the skills being taught. Any necessary refresher training should be completed annually. Role appropriate training could include, for example, the confidentiality provisions of the Family Educational Rights and Privacy Act (FERPA) and state privacy laws, mandatory reporter of child abuse training pursuant to section 22-32-109(1)(z), C.R.S., the characteristics of disabling conditions, proper techniques for behavior modification and de-escalation, the legal requirements related to the provision of special education, and any relevant local policies and procedures. Training can and should be differentiated based on the paraprofessional’s role – e.g. whether the individual is a 1:1 aide, or providing instructional support for a classroom, or providing related services (e.g. feeding tube assistance), or supporting students who are Deaf, Blind, or non-verbal, or is a transportation paraprofessional, or substitute paraprofessional. 3.04(1)(e)(ii) Pursuant to Colorado law, a paraprofessional is precluded from employment if they were convicted of felony child abuse. When an employer receives notice of a misdemeanor child abuse conviction and is conducting an individualized determination regarding whether to offer or retain employment for a special education paraprofessional, the employer should consider that students with disabilities are a vulnerable population and that there is a strong connection to the nature of the job sought that is likely to preclude employment. 3.04(1)(e)(iii) Administrative units and approved facility schools shall assure and document that they meet the requirements for supervision and training of noncertificated personnel. 3.04(1)(f) Educational Interpreters As of July 1, 2000, any person employed as an Educational Interpreter by an AU or approved facility school on a full-time or part-time basis shall meet the following minimum standards, and documentation for meeting these standards must be renewed every five years: 3.04(1)(f)(i) Demonstration of a rating of 3.5 (average) or better in the four areas of the Educational Interpreter Performance Assessment (EIPA). 3.04(1)(f)(ii) Documented content knowledge in these areas: child development, language development, curriculum, teaching and tutoring methods, deafness and the educational process for deaf children.

The Colorado Department of Education will provide guidelines for the implementation of these minimum standards. 3.04(2) [Expired 05/15/2014 per House Bill 14-1123] 3.04(3) Temporary Educator Eligibility (TEE) Authorization / Special Education Temporary Authorization (SETA)

Authorization for Temporary Educator Eligibility (TEE) for staff providing special education and related services to students with disabilities shall be formally referred to as Special Education Temporary Authorization (SETA) and conducted in accordance with Section 4.13 of the Rules for the Colorado Educator Licensing Act of 1991 at 1 CCR 301-37, 2260.5-R-4.13. 3.05 Staff Development Administrative units and approved facility schools shall provide for staff development to assure opportunities for appropriate educational services to children with disabilities. 3.05(1) Opportunities for staff development shall be provided to foster the continuing development of the awareness, skills and knowledge of each staff member. 3.05(1)(a) Opportunities for staff development shall be furnished to all staff providing direct or indirect services to children with disabilities. 3.05(1)(b) Opportunities for staff development activities shall be designed to bring about changes in knowledge, attitudes, actual performance skills and interpersonal relations of staff members. 3.05(2) Staff development shall include an evaluation component to determine its effectiveness. 3.06 Program Evaluation Each administrative unit or approved facility school shall maintain records of results of all qualitative and quantitative evaluations of special education services rendered. Evaluations of special education services shall occur annually and within a period of five years systematically cover aspects of services to children with disabilities. Such evaluations shall review: 3.06(1) Extent to which quality special education policies and practices are in place and where improvements can occur. 3.06(2) Degree to which children with disabilities are achieving their individual goals as well as school, district, and state standards and student outcomes.

4.00 CHILD FIND, EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED

EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS 4.01 Parental Consent Except for IDEA Part C Child Find, the parental consent requirements and procedures set forth in 34 CFR §300.300 shall apply in their entirety to this Section 4.00. 4.02 Child Identification Process 4.02(1) General Requirements 4.02(1)(a) Administrative Units.

Each administrative unit shall develop and implement procedures for locating, identifying and evaluating all children ages three to 21 who may have a disability and are eligible for special education services under IDEA Part B (ages 3 to 21) even though such children are advancing from grade to grade. Such procedures shall be available throughout the year to all children including children who have not yet entered school, children who discontinue their education, children who are attending private schools, children whose parents choose home schooling, children who are wards of the State or children who are highly mobile (such as migrant or homeless children) and may be suspected of having a 4.02(1)(a)(ii) IDEA Part B Child Identification

Part B child identification shall include child find, special education referral, initial evaluation, and determination of disability and eligibility for special education.

Child identification shall be the responsibility of the administrative unit in which the child attends public or private school or, if (s)he is not enrolled in school, it shall be the responsibility of the administrative unit in which the child resides. For children ages 3 to 21 under IDEA Part B, child identification shall be consistent with Sections 4.01 and 4.02 of these Rules. 4.02(1)(b) State-Operated Programs – Part B Child Identification.

For children for whom a state-operated program is responsible, as established in Section 8.00 of these Rules, each state-operated program shall adopt and implement procedures for locating, identifying and evaluating all children who may have a disability and be eligible for special education, even though they are advancing from grade to grade. Child identification, when used in connection with state-operated programs, includes relevant components of child find; special education referral; initial evaluation; and determination of disability and eligibility. 4.02(1)(c) Department of Early Childhood Programs – Part B Child Identification.

The Colorado Department of Education is the state educational agency responsible for compliance with IDEA Part B and ECEA. Administrative Units are the local educational agencies pursuant to IDEA Part B and ECEA and are responsible for initial evaluations.

However, Department of Early Childhood programs may receive information about preschool children that triggers Child Find identification and referral obligations. Each Department of Early Childhood program shall comply with the Child Find identification and referral procedures established by the Department of Education. The administrative unit shall remain responsible for all initial evaluation requirements. 4.02(2) IDEA Part B Child Find. 4.02(2)(a) The IDEA Part B child find process shall: 4.02(2)(a)(i) Be a process designed to inform the public and to identify children ages 3 to 21 who may be eligible to receive special education services. Notice shall be published or announced in newspapers or other media with adequate circulation to notify parents throughout the administrative unit. 4.02(2)(a)(ii) Be designed to utilize available resources within the community. 4.02(2)(a)(iii) Involve families and provide information to the families. 4.02(2)(b) Each administrative unit and state-operated program shall have one person designated as the child find coordinator who shall be responsible for an ongoing child identification process. 4.02(2)(c) The child find process shall include specific strategies for children 3 through five years of age, children in school, and children out of school who are discontinuers or dropouts. It shall be available throughout the year and shall include the following components: 4.02(2)(c)(i) Planning and development in the areas of public awareness, community referral systems, community and building based screening, diagnostic evaluations, service coordination and staff development. 4.02(2)(c)(ii) Coordination and implementation in the areas of interagency collaboration, public awareness, referral, screening and resource coordination. 4.02(2)(c)(iii) Screening procedures for identifying from the total population of children ages 3 to 21 years those who may need more in-depth evaluation to determine eligibility for special education and related services.

Follow up to vision and hearing screening shall interface with the vision and hearing screenings which occur for all children in public kindergarten, grades 1, 2, 3, 5, 7 and 9 yearly in accordance with Section 22-1-116, C.R.S. Appropriate educational referrals shall be made if the child is suspected of having an educationally significant vision or hearing loss and parents shall be informed of any need for further medical evaluation. 4.02(2)(c)(iv) A systematic procedure for considering those children ages 17 to 21 who are out of school and who may have a disability. 4.02(2)(c)(v) Referral procedures to ensure that parents of children are given information about all public and private resources that can meet identified needs.

This may include a process for a building level referral. The purpose of the building level process is to consider all pertinent information, the unique needs of the child and to generate alternative strategies, such as Response to Intervention (RtI), for meeting these needs in non-special education settings or to determine the need for special education referral. These procedures may include dropout prevention strategies and recruitment of special education discontinuers. 4.02(2)(c)(vi) Evaluation of the effectiveness and efficiency of child identification procedures. 4.02(3) Special Education Referral Process A special education referral shall be clearly distinguished from a building level referral or a referral for screening both of which are regular education processes. The administrative unit or stateoperated program shall establish and follow procedures for referring a child for an initial evaluation to determine whether the child has a disability and needs special education and related services. 4.02(3)(a) A special education referral may be initiated by: 4.02(3)(a)(i) An administrative unit or state-operated program because of a building level screening and/or referral process; or 4.02(3)(a)(ii) The parent of the child; or 4.02(3)(a)(iii) A Department of Early Childhood program.

Any other interested person who believes that a child needs an initial evaluation must work with the parent or the appropriate administrative unit, state-operated program, or Department of Early Childhood program. 4.02(3)(b) Parental Notification of Referral 4.02(3)(b)(i) Referrals from an administrative unit or state operated program: A parent of any child referred shall be informed of the referral and be provided with prior written notice consistent with Section 6.02(3) and 34 CFR §300.503 and a copy of the Procedural Safeguards Notice consistent with Section 6.02(4) and 34 CFR §300.504. 4.02(3)(b)(ii) Referrals from a Department of Early Childhood Program: The program shall comply with all Child Find procedures established by the Department of Education for parental notification of referral. The administrative unit shall remain responsible for all initial evaluation requirements. 4.02(3)(c) Once a written special education referral has been initiated, the initial evaluation, shall be completed within 60 calendar days from the point of initiation of the special education referral. The special education referral process is initiated when one of the following occurs: 4.02(3)(c)(i) The parent is informed of the special education referral as a result of the building level process or screening and the parent provides written consent to conduct the initial evaluation; or 4.02(3)(c)(ii) The request for an initial evaluation is received from the parent and the parent provides written consent to conduct the initial evaluation. 4.02(3)(c)(iii) Exception. The time frame described in Section 4.02(3)(c) within which to conduct an initial evaluation shall not apply to the administrative unit or stateoperated program if: 4.02(3)(c)(iii)(A) The parent of a child repeatedly fails or refuses to produce the child for evaluation; or 4.02(3)(c)(iii)(B) A child enrolls in a school of another AU or state-operated program after the relevant timeframe in Section 4.02(3)(c) of these Rules has begun, and prior to a determination by the child’s previous AU or state-operated program as to whether the child is child with a disability under Section 2.09 of these Rules. 4.02(3)(c)(iv) The exception in Section 4.02(3)(c)(iii) applies only if the subsequent AU or state-operated program is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent AU or stateoperated program agree to a specific time when the evaluation will be completed. 4.02(3)(d) A record shall be maintained of the disposition of each special education referral. 4.02(4) Initial Evaluation Process.

An initial evaluation process for children ages three to twenty-one shall be provided for the purposes of determining whether the child is a child with a disability under Section 2.09 of these Rules and what the educational needs of the child are. The requirements and procedures for initial evaluations shall be in accordance with 34 CFR §300.301, §300.304 and §300.305 and shall ensure that the initial evaluation is sufficiently comprehensive to appropriately identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified. 4.02(4)(a) Parental Consent.

Prior to conducting an initial evaluation, the administrative unit or state-operated program shall comply with the parental consent requirements set forth in 34 CFR §300.300. 4.02(4)(b) Screening for instructional purposes is not an evaluation.

The screening of a student by a teacher or a specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. 4.02(4)(c) Personnel shall be appropriately licensed and endorsed.

Administrative unit and state-operated program personnel evaluating children for the

purpose of determining eligibility for special education services shall be appropriately licensed and endorsed. For those areas where CDE licensure and endorsement are not available, appropriate professional licensure, registration or credentials is required. 4.02(5) Reevaluations.

The requirements and procedures for conducting and completing reevaluations shall be consistent with 34 CFR §300.303 and Section 4.02(4) of these Rules. The additional procedures for identifying specific learning disability shall also be utilized consistent with Section 4.02(7) of 4.02(6) Determination of Disability and Eligibility.

Requirements and procedures for determining disability and eligibility shall be consistent with 34 CFR §300.306. Once a special education referral has been made and the initial evaluation has been completed, a meeting shall be held to determine if the child has a disability and if the child is eligible for special education. If the child is determined to have a disability and is eligible, an IEP shall be developed for the child in accordance with Section 4.03 of these Rules. These functions may occur at the same meeting or at different meetings. 4.02(6)(a) Timeline. 4.02(6)(a)(i) A meeting to discuss the initial evaluation of the child and to determine if the child has a disability and is eligible for special education shall be held within a reasonable time after the initial evaluation is completed. 4.02(6)(a)(ii) Following a reevaluation, a meeting shall be held within a reasonable time to discuss the reevaluation of the child to determine if the child continues to be eligible for special education and/or to identify all of the child’s special education and related services needs. 4.02(6)(b) Participants.

Meetings to determine if the child has a disability and is eligible for special education, whether held separately or in connection with a meeting to develop an IEP, must include: 4.02(6)(b)(i) A multidisciplinary team knowledgeable about the child and about the meaning of the evaluation data. The multidisciplinary team shall include: 4.02(6)(b)(i)(A) At least one teacher or other specialist with knowledge in the area of the child’s suspected disability; 4.02(6)(b)(i)(B) As necessary, other qualified professionals, e.g., an occupational therapist; a speech language pathologist; a physical therapist; and a school psychologist; and 4.02(6)(b)(i)(C) The parent of the child. 4.02(6)(b)(ii) At the discretion of the special education director for the administrative unit of residence, the special education director or designee for the administrative unit of residence. 4.02(6)(c) Change of disability and/or eligibility.

A change of disability and/or eligibility may only be made after reevaluation conducted in accordance with Section 4.02(5) of these Rules and at a meeting in which the results of reevaluation are considered in accordance with Section 4.02(6)(a)(ii). In addition, a change involving a specific learning disability shall be made consistent with the additional procedures set forth in Section 4.02(7) of these Rules. 4.02(6)(c)(i) The evaluation described in Section 4.02(6)(c) is not required before the termination of a child’s eligibility for special education due to graduation from secondary school with a regular diploma, or due to reaching age 21. 4.02(6)(c)(ii) For a child whose eligibility terminates under circumstances described in

Section 4.02(6)(c)(i), the administrative unit/state-operated program must provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. 4.02(7) Additional procedures for identifying children with specific learning disabilities.

The definition and criteria for the Specific Learning Disability category are set forth in Section 2.09(6) of these Rules. The additional requirements and procedures for identifying children with specific learning disabilities shall be consistent with 34 CFR §300.307(b), §300.308, §300.309(b)

• (c), §300.310 and §300.311. 4.02(7)(a) Exception: The optional documentary statement contained in 34 CFR §300.311(a)(5)(ii)(B) shall not apply. 4.02(8) Record of meeting.

If the determination of disability and eligibility occur at a separate meeting from the IEP meeting, a record of the meeting shall be maintained which must include, when applicable, a statement of the child's disability and the criteria utilized to determine eligibility as identified in Section 2.03 of 4.03 Individualized Education Programs The term “Individualized Education Program” or “IEP” means a written statement for each child with a disability that is developed, reviewed and/or revised in accordance with these Rules. Except as is otherwise set forth in this Section 4.03, the requirements regarding IEPs shall be consistent with 34 CFR §300.320 through §300.325. 4.03(1) The requirements governing when IEPs must be in effect shall be consistent with 34 CFR §300.323. The topics addressed by 34 CFR §300.323 include: 4.03(1)(a) The general requirement that an IEP for each child with a disability must be in effect at the beginning of each school year; 4.03(1)(b) Options for utilizing an IEP for children aged three through five; 4.03(1)(c) The administrative unit of residence shall participate in meetings regarding the transition planning process from infant/toddler to special education preschool services consistent with the requirements of 34 CFR §300.124; 4.03(1)(d) The initial provision of services, including timelines; 4.03(1)(d)(i) Exception: The initial IEP for a child shall be developed within 90 calendar days of the date that parental consent was obtained to conduct the initial evaluation. 4.03(1)(e) Accessibility of the child’s IEP to teachers and others; 4.03(1)(f) IEPs for children who transfer public agencies within the State; 4.03(1)(g) IEPs for children who transfer from another State; and 4.03(1)(h) Transmittal of records. 4.03(2) The requirements for the development, review, and revision of the IEP shall be consistent with 34 CFR §300.324. The topics covered by 34 CFR §300.324 include: 4.03(2)(a) General factors that the IEP Team must consider; 4.03(2)(b) Special factors that the IEP Team must consider; 4.03(2)(c) Requirements with respect to the general education teacher; 4.03(2)(d) IEP changes mutually agreed to by the parent and the administrative unit or state-operated program after the annual IEP review meeting and without convening the IEP Team; 4.03(2)(e) Consolidation of IEP Team meetings; 4.03(2)(f) Amendments to the IEP; 4.03(2)(g) Review and revision of the IEP; 4.03(2)(h) Failure to meet transition objectives; 4.03(2)(i) Rule of construction; 4.03(2)(j) Children with disabilities in adult prisons; 4.03(3) Meetings to review and revise each child’s IEP and to determine the child’s placement shall be initiated and conducted at least once every 365 days. 4.03(4) Responsibility for IEP Meetings.

The relative responsibilities of administrative units, state-operated programs and approved facility schools for IEP development, review and revision are established in Rule 8.00. 4.03(5) Participants in meetings.

Except as is otherwise provided for in this Section 4.03(5), the IEP Team requirements contained in 34 CFR §300.321 shall apply in their entirety to meetings held for the development of an initial IEP or for the review of an IEP. 4.03(5)(a) The Director of special education or designee who is knowledgeable about the availability of resources of the administrative unit and has the authority to commit those resources shall be a required agency representative consistent with 34 CFR 300.321(a)(4). The requirements contained in 34 CFR §300.321(e) regarding the nonattendance or excusal of certain IEP Team members shall not apply to this IEP Team member. 4.03(5)(b) If the meeting is not the responsibility of the administrative unit of residence, the special education director or designee for the administrative unit of residence may, at his/her discretion, participate in the meeting. 4.03(5)(c) If the child has been publicly placed at an approved facility school, private school, or Department of Early Childhood program, a representative of the approved facility school, private school, or Department of Early Childhood program must attend the IEP Team meeting. If the representative is unable to attend, their participation must be ensured through methods consistent with 34 CFR §300.328. 4.03(6) Content of IEP/Record of Meeting.

The IEP must meet the IEP content requirements established by 34 CFR §300.320(a) and §300.320(c). In addition, the following IEP content is required: 4.03(6)(a) The written IEP for each child with a hearing disability shall include a Communication Plan as developed by the IEP team. The Plan shall include the following: 4.03(6)(a)(i) A statement identifying the child’s primary communication mode as one or more of the following: Aural, Oral, Speech-based, English Based Manual or Sign System, American Sign Language. Further, there should be no denial of opportunity for instruction in a particular communication mode based on: 4.03(6)(a)(i)(A) residual hearing, 4.03(6)(a)(i)(B) the parents’ inability to communicate in the child’s communication mode or language, nor 4.03(6)(a)(i)(C) the child’s experience with another mode of communication or language. 4.03(6)(a)(ii) A statement documenting that an explanation was given of all educational options provided by the school district and available to the child. 4.03(6)(a)(iii) A statement documenting that the IEP team, in addressing the child’s needs, considered the availability of deaf/hard of hearing adult role models and a deaf/hard of hearing peer group of the child’s communication mode or language. 4.03(6)(a)(iv) The communication-accessible academic instruction, school services, and extracurricular activities the student will receive must be identified.

The teachers, interpreters, and other specialists delivering the communication plan to the student must have demonstrated proficiency in, and be able to accommodate for, the child’s primary communication mode or language. 4.03(6)(b) The written IEP for each child with a vision disability shall include a Learning Media Plan as developed by the IEP team based on comprehensive assessment of the student’s learning and literacy modalities by a licensed teacher endorsed in the area of visual impairment. Braille shall be the literacy medium selected unless the IEP team determines, based on the comprehensive literacy learning media assessment that instruction in Braille is not appropriate. 4.03(6)(b)(i) The plan shall include the following: 4.03(6)(b)(i)(A) A statement of how the selected learning and literacy mode or modes will be implemented as the student’s primary or secondary mode for achieving literacy and why such mode or modes have been selected, 4.03(6)(b)(i)(B) A statement of how the student’s instruction in the selected learning and literacy mode or modes will be integrated into educational activities. 4.03(6)(b)(i)(C) The date on which the student’s instruction in the selected mode or modes shall commence, the amount of instructional time to be dedicated to each learning and literacy mode, and the service provider responsible for each area of instruction, and 4.03(6)(b)(i)(D) A statement of the level of competency in each selected learning and literacy mode or modes which the student should achieve by the end of the period covered by the IEP. 4.03(6)(b)(ii) Colorado teachers licensed and endorsed in Visual Impairment must have demonstrated competency in reading and writing literary Braille per the guidelines developed by the Colorado Department of Education. 4.03(6)(c) Academic Content Standards 4.03(6)(c)(i) The IEP for a child enrolled in a school district or the State Charter School Institute shall specify: 4.03(6)(c)(i)(A) Whether the child shall achieve the content standards adopted by the district in which the child is enrolled or by the State Charter School Institute; or 4.03(6)(c)(i)(B) Whether the child shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP: 4.03(6)(c)(ii) For each child attending school in an approved facility school or stateoperated program, the IEP shall specify: 4.03(6)(c)(ii)(A) Whether the child shall achieve State or local content standards; or 4.03(6)(c)(ii)(B) Whether the child shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP. 4.03(6)(d) Exception: In lieu of 34 CFR §300.320(b), the IEP content requirement for transition services shall be as follows: 4.03(6)(d)(i) Beginning with the first IEP developed when the child is age 15, but no later than the end of 9th grade, or earlier if deemed appropriate by the IEP Team, and updated annually, thereafter, the IEP must include: 4.03(6)(d)(ii) Appropriate measurable postsecondary goals based upon ageappropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and; 4.03(6)(d)(iii) The transition services (as defined in Section 2.51 of these Rules and including courses of study) needed to assist the child in reaching those goals. 4.03(6)(e) Beginning not later than one year before the child reaches the age of majority (i.e., age 21), the IEP must include a statement that the child has been informed of the child’s rights under 6.02(9) of these Rules and 34 CFR §300.520. 4.03(6)(f) Benchmarks and Short-Term Objectives. 4.03(6)(f)(i) Consistent with 34 CFR §300.320(a)(2)(ii), for students with disabilities who take alternate assessments aligned to alternate achievement standards, the IEP shall contain a description of benchmarks or short-term objectives. 4.03(6)(f)(ii) Rule of construction: Nothing in these Rules shall be construed to prohibit an administrative unit or state-operated program from including benchmarks or short-term objectives in a child’s IEP. 4.03(7) Parent Participation 4.03(7)(a) The requirements for ensuring parent participation in the development of IEPs shall be consistent with 34 CFR §300.322. 4.03(7)(b) Exception: In lieu of 34 CFR §300.322(b)(2), the requirements regarding parent participation at meetings involving postsecondary goals and services for a child shall be as follows: 4.03(7)(b)(i) Beginning with the first IEP developed when the child is age 15, but no later than the end of 9th grade, or earlier if deemed appropriate by the IEP Team, and updated annually, thereafter, the notice of meeting must: 4.03(7)(b)(i)(A) Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services in accordance with

Section 4.03(6)(d) of these Rules; 4.03(7)(b)(i)(B) Indicate that the responsible administrative unit or state-operated program will invite the student; and 4.03(7)(b)(i)(C) Identify any other agency that will be invited to send a representative. consistent with 34 CFR §300.321(b)(3), the administrative unit or state-operated program must obtain the consent of the parent to invite such representative. 4.03(8) The requirements for parent involvement in educational placement decisions shall be consistent with 34 CFR §300.116, §300.327, and §300.501(c). 4.03(8)(a) The determination of placement must be based on the child’s IEP and made by the IEP Team. The terms “placement” or “educational placement” are used interchangeably and mean the provision of special education and related services and do not mean a specific place, such as a specific classroom or specific school. Decisions regarding the physical location in which a child’s IEP will be implemented and the assignment of special education staff responsibilities shall be made by the Director of Special Education or designee, subject to the limitations in this section 4.03(8). 4.03(8)(b) Change in placement. 4.03(8)(b)(i) Nonsignificant change in program/services.

When a child’s educational program is altered, such as a change in the amount of a given service, the change in program/services is a nonsignificant change in program/services. 4.03(8)(b)(i)(A) Prior written notice of such changes must be provided to the parent. 4.03(8)(b)(i)(B) Consent is not required. 4.03(8)(b)(i)(C) A non-significant change in program/services must be made by the IEP Team unless the parent and the administrative unit or stateoperated program mutually agree to change the IEP after the annual IEP meeting in a school year consistent with 34 CFR §300.324(a)(4).

However, reevaluation is not required. 4.03(8)(b)(ii) Significant change in placement: 4.03(8)(b)(ii)(A) A significant change in placement for educational purposes includes: 4.03(8)(b)(ii)(A)(I) placement or referral to a private school or approved facility school by the administrative unit, 4.03(8)(b)(ii)(A)(II) the AU’s addition or termination of an instructional or related service, 4.03(8)(b)(ii)(A)(III) when the student moves or is moved from in-person learning to online or at-home learning or from a brick-and-mortar school to an online school/program or vice versa, or 4.03(8)(b)(ii)(A)(IV) any change which would result in the following: 4.03(8)(b)(ii)(A)(IV)(1) The child having different opportunities to participate in nonacademic and extracurricular services; or 4.03(8)(b)(ii)(A)(IV)(2) The new placement option is a change in the educational environment categories required for reporting data to the Secretary of the U.S. Department of Education pursuant to Section 618 of the IDEA; or 4.03(8)(b)(ii)(B) A significant change in placement shall be made only upon consideration of reevaluation consistent with 34 CFR 300.305. A significant change in placement shall be made only by an IEP Team with the addition of those persons conducting the reevaluation unless the parent and the administrative unit or state-operated program mutually agree to change the IEP after the annual IEP meeting in a school year consistent with 34 CFR §300.324(a)(4). 4.03(8)(b)(iii) A change in building or location A change in building or location that is not a change in placement, as described in Section 4.03(8)(b), may be accomplished without convening the child’s IEP Team or conducting a reevaluation. Decisions changing location or building should be made with due consideration for the impact on the child’s total education program and must include parent participation. A location or building decision that does not constitute a change in placement does not require prior written notice or an IEP Team meeting, except as provided in section 4.03(8)(c) of these Rules. 4.03(8)(b)(iv) Public School Choice.

When a student transfers to a new school or program under Sections 22-30.5- 104(3) (to a charter school), 22-30.5-507(3) (to a CSI school), 22-30.7-101 et seq. (to an online school or program), 22-32.5-101 et seq. (to an innovation school/zone), or 22-36-101(1), C.R.S. (open enrollment to any inter- or intradistrict school of choice), the requirements contained in 34 CFR §300.323(e) or 34 CFR §300.323(a) apply, depending on the timing of the transfer. The administrative unit shall not 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 such a process the district must ensure and should provide assurance in applicable public communications that it does not use the information collected until after the admissions have been completed. Following admissions, if the transfer constitutes a significant change in placement, as described in Section 4.03(8)(b)(ii) of these Rules, the administrative unit in which the receiving school or program is located must comply with Section 4.03(8)(b)(ii)(B) and also convene an IEP Team to ensure that the receiving school or program is an appropriate placement for the student. When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide the special education services and to conduct the IEP meeting required by this Rule, the charter school shall be responsible for the evaluation and IEP meeting. However, the administrative unit of the charter school remains ultimately responsible for ensuring compliance with all special education requirements. 4.03(8)(c) The administrative unit or state-operated program shall consider the cost to the administrative unit or state-operated program when choosing between two or more appropriate placements. However, as required by Sections 22-30.5-104(3), 22-30.5- 507(3), and 22-36-101(1), C.R.S., an administrative unit shall not choose a location other than the parents’ school of choice unless the IEP team determines that an appropriate placement cannot be provided at that location. An administrative unit that determines that the parents’ school of choice is not an appropriate educational placement shall include a specific explanation of its determination in either the IEP or a separate prior written notice compliant with 34 C.F.R. § 300.503. 4.03(9) Participation of the Administrative Unit of Residence If the administrative unit of residence is not responsible for a meeting, as set forth in Section 8.00 of these Rules, the administrative unit of attendance or state-operated program shall timely notify the Special Education Director/designee for the administrative unit of residence. Such notification shall be provided at the same time and in the same manner that the parent is notified of the meeting. 4.03(10) Private Placements Made by Administrative Units and Public Agencies Every administrative unit and every public agency, as that term is defined in Section 9.01(5) of these Rules, shall comply with the out-of-home and out-of-district placement requirements set forth in 34 CFR §300.325 and Section 9.00 of these Rules. 4.03(11) Alternative Means of Meeting Participation Alternative means of meeting participation and carrying out administrative matters involving procedural safeguards shall be consistent with 34 CFR §300.328.

5.00 REQUIREMENTS FOR FUNDING ELIGIBILITY 5.01 State Eligibility The State of Colorado (“State”) is eligible for assistance under Part B of the Individuals with Disabilities Education Act (“IDEA”) if the State has in effect policies and procedures to ensure that the State meets the conditions of 34 CFR § §300.101 through 300.176 as follows: 5.01(1) FAPE requirements as established by: 5.01(1)(a) 34 CFR §300.101 which addresses the following topics: 5.01(1)(a)(i) General requirements for FAPE; 5.01(1)(a)(ii) FAPE for children beginning at age 3; and 5.01(1)(a)(iii) Children advancing from grade to grade. 5.01(1)(b) 34 CFR §300.102 which establishes the limitations and exceptions to FAPE requirements including: 5.01(1)(b)(i) Children who do not meet the State’s age requirements for FAPE; 5.01(1)(b)(ii) Children incarcerated in adult correctional facilities; 5.01(1)(b)(iii) Children with disabilities who have graduated from high school with a regular diploma; and 5.01(1)(b)(iv) Children who are eligible under Subpart 34 CFR §300.800 through §300.818 (preschool grants for children with disabilities); 5.01(1)(c) 34 CFR §300.103 - Methods and payments; 5.01(1)(d) 34 CFR §300.104 - Residential placement; 5.01(1)(e) 34 CFR §300.105 - Assistive technology; 5.01(1)(f) 34 CFR §300.106 - Extended school year services; 5.01(1)(g) 34 CFR §300.107 - Nonacademic services; 5.01(1)(h) 34 CFR §300.108 - Physical education; 5.01(1)(i) 34 CFR §300.109 - Full educational opportunity goal; 5.01(1)(j) 34 CFR §300.110 - Program options; 5.01(1)(k) 34 CFR §300.111 - Child find; 5.01(1)(l) 34 CFR §300.112 - IEPs; and 5.01(1)(m) 34 CFR §300.113 - Routine checking of hearing aids and external components of surgically implanted medical devices. 5.01(2) Least restrictive environment (LRE) requirements as established by: 5.01(2)(a) 34 CFR §300.114 - General requirements; 5.01(2)(b) 34 CFR §300.115 - Continuum of alternative placements; 5.01(2)(c) 34 CFR §300.116 - Placements; 5.01(2)(d) 34 CFR §300.117 - Nonacademic settings; 5.01(2)(e) 34 CFR §300.118 - Children in public or private institutions; 5.01(2)(f) 34 CFR §300.119 - Technical assistance and training activities; and 5.01(2)(g) 34 CFR §300.120 - Monitoring activities. 5.01(3) Requirements for procedural safeguards as established by 34 CFR 300.121 and §300.500 through §300.536 except as is otherwise provided for in Section 6.02 of these Rules. 5.01(4) Requirements for evaluation as established by 34 CFR §300.122 and §300.300 through §300.311 except as is otherwise provided for in Section 4.03 of these Rules. 5.01(5) Requirements for safeguarding the confidentiality of personally identifiable information as established by 34 CFR §300.123 and §300.610 through §300.626 and Section 6.01 of these 5.01(6) Requirements regarding the transition of children from Part C programs to preschool programs under Part B of IDEA as established by 34 CFR §300.124. 5.01(7) Requirements regarding children with disabilities enrolled by their parents in private schools as established by 34 CFR §300.129 through §300.144. 5.01(8) Requirements regarding children with disabilities placed in or referred to private schools or approved facility schools by an administrative unit or a state-operated program as means of providing special education services as established by 34 CFR §300.145 through §300.147. 5.01(9) Requirements regarding children with disabilities enrolled by their parents in private schools when FAPE is at issue as established by 34 CFR §300.148. 5.01(10) Requirements regarding the Department’s responsibilities for general supervision as established by 34 CFR §300.149 and §300.150. 5.01(11) Requirements regarding State complaint procedures as established by 34 CFR §300.151 through §300.153 and the Department’s specific procedures. 5.01(12) Requirements regarding methods for ensuring services as established by 34 CFR §300.154. 5.01(13) Requirements regarding hearings related to LEA eligibility as established by 34 CFR §300.155 and Section 3.01 of these Rules. 5.01(14) Requirements regarding personnel qualifications as established by 34 CFR §300.156 and Sections 2.20 and 3.04 of these Rules. 5.01(15) Requirements regarding performance goals and indicators as established by 34 CFR §300.157. 5.01(16) Requirements regarding the supplementation of state, local and other federal funds as established by 34 CFR §300.162 through §300.164 and §300.166. 5.01(17) Requirements regarding public participation as established by 34 CFR §300.165. 5.01(18) Requirements regarding the Colorado Special Education Advisory Committee as established by 34 CFR §300.168 and §300.169. 5.01(19) Requirements regarding suspension and expulsion rates as established by 34 CFR §300.170. 5.01(20) Requirements regarding an annual description of Part B funds as established by 34 CFR §300.171. 5.01(21) Requirements regarding access to instructional materials, including the Department’s adoption of the National Instructional Materials Accessibility Standard (NIMAS) as established by 34 CFR §300.172. 5.01(21)(a) The Department adopts the NIMAS, published as Appendix C to Part 300 of 34 CFR. 5.01(21)(b) The Department shall coordinate with the National Instructional Materials Access Center (NIMAC) for purposes of providing instructional materials in a timely manner to children with disabilities who may qualify to receive books and other publications in specialized formats. 5.01(21)(c) Definitions applicable to this subsection and Section 5.02(10) of these Rules: 5.01(21)(c)(i) “In a timely manner” means that all reasonable steps have been taken to provide children with disabilities instructional materials at the same time that instructional materials are provided to nondisabled peers; 5.01(21)(c)(ii) When used in 34 CFR §300.172, the term “blind persons or other persons with print disabilities” has the meaning given it in 34 CFR §300.172(e)(1)(ii); 5.01(21)(c)(iii) “National Instructional Materials Access Center” or “NIMAC” has the meaning given the term in 34 CFR §300.172(e)(1)(ii); 5.01(21)(c)(iv) “National Instructional Materials Accessibility Standard” or “NIMAS” has the meaning given the term in 34 CFR §300.172(e)(1)(iii). 5.01(22) Requirements regarding overidentification and disproportionality as established in 34 CFR §300.173. 5.01(23) Requirements, including the rule of construction, regarding the prohibition on mandatory medication as established by 34 CFR §300.174. 5.01(23)(a) Personnel of the Department, an administrative unit, a school district, a stateoperated program, or a Department of Early Childhood program are prohibited from requiring parents to obtain a prescription for substances identified in 34 CFR §300.174(a) as a condition of attending school, receiving an evaluation under Section 4.02 of these Rules, or receiving special education services. 5.01(24) Requirements regarding the participation of all children with disabilities in general state and district-wide assessment programs as established in 34 CFR §300.160. 5.02 Administrative Unit Eligibility An administrative unit is eligible for assistance under Part B of the Individuals with Disabilities Education Act (“IDEA” ) if the administrative unit submits a plan that provides assurance to the Department that the administrative unit meets each of the conditions established by 34 CFR §300.200 through §300.213 as follows: 5.02(1) Consistency with State policies established under the relevant subsections of Section 5.01 of these Rules and 34 CFR §300.101 through §300.163, and §300.165 through §300.174 and §300.201; 5.02(2) Requirements regarding the use of amounts of Part B funds as established in 34 CFR §300.202; 5.02(3) Requirements regarding maintenance of effort as established in 34 CFR §300.203; 5.02(4) Requirements regarding exceptions to maintenance of effort established in 34 CFR §300.204; 5.02(5) Requirements regarding adjustment of local fiscal efforts in certain fiscal years as established in 34 CFR §300.205; 5.02(6) Requirements regarding schoolwide programs under Title I of the ESEA as established in 34 CFR §300.206; 5.02(7) Requirements regarding personnel development as established in 34 CFR §300.207; 5.02(8) Requirements regarding permissive use of funds as established in 34 CFR §300.208; 5.02(9) Requirements regarding the treatment of charter schools as established in 34 CFR §300.209; 5.02(10) Requirements regarding the purchase of instructional materials as established in 34 CFR §300.210; 5.02(11) Requirements regarding the provision of information to the department as established in 34 CFR §300.211; 5.02(12) Requirements regarding the accessibility of all Part B Eligibility Documents to parents and the general public as established in 34 CFR §300.212; 5.02(13) Requirements regarding records pertaining to migratory children with disabilities as established in 34 CFR §300.213; 5.02(14) Requirements regarding prior local plans as established by 34 CFR §300.220; 5.02(15) Requirements regarding administrative unit and state-operated program compliance with 34 CFR § §300.200 through 300.221; and 5.02(16) Requirements regarding early intervening services. 5.03 State-Operated Program Eligibility A state-operated program is eligible for assistance under Part B of the IDEA if the state-operated program demonstrates to the satisfaction of the Department that it meets the requirements set forth in 34 CFR §300.228. 5.04 Additional Funding and Reporting Requirements 5.04(1) In order to receive funding under Part B of the IDEA, administrative units and state-operated programs must timely provide the information required by Section 618 of the Act, 20 USC §1418. 5.04(2) In order to receive funding under the Exceptional Children’s Educational Act, administrative units and state-operated programs must timely provide the information required by Section 22-20- 114(4) and (6), C.R.S.

6.00 CONFIDENTIALITY OF INFORMATION AND PROCEDURAL SAFEGUARDS - DUE

PROCESS PROCEDURES FOR PARENTS AND CHILDREN 6.01 Confidentiality of Information Procedures regarding the confidentiality of information shall be consistent with 34 CFR §300.611 through §300.626 which address the following topics: 6.01(1) 34 CFR §300.611 - Definitions; 6.01(2) 34 CFR §300.612 - Notice to parents; 6.01(3) 34 CFR §300.613 - Parent access to records; 6.01(4) 34 CFR §300.614 - Record of access; 6.01(5) 34 CFR §300.615 - Records on more than one child; 6.01(6) 34 CFR §300.616 - List of types and locations of information; 6.01(7) 34 CFR §300.617 - Fees; 6.01(8) 34 CFR §300.618 - Amendment of records at parent’s request; 6.01(9) 34 CFR §300.619 - Opportunity for a hearing; 6.01(10) 34 CFR §300.620 - Result of hearing; 6.01(11) 34 CFR §300.621 - Hearing procedures; 6.01(12) 34 CFR §300.622 - Consent; 6.01(13) 34 CFR §300.623 - Safeguards; 6.01(14) 34 CFR §300.624 - Destruction of information; 6.01(15) 34 CFR §300.625 - Children’s rights; and 6.01(16) 34 CFR §300.626 - Enforcement. 6.02 Procedural Safeguards and Due Process Procedures for Parents and Children Except as otherwise provided for in this Section 6.02, each administrative unit and state-operated program shall establish, maintain, and implement procedural safeguards that meet the requirements of 34 CFR § §300.500 through 300.536. The topics addressed by such regulations include: 6.02(1) 34 CFR §300.501—Opportunity to examine records and parent participation in meetings. 6.02(2) 34 CFR §300.502—Independent educational evaluation. 6.02(3) 34 CFR §300.503—Prior written notice and content of prior written notice. 6.02(4) 34 CFR §300.504—Procedural Safeguards Notice. 6.02(5) 34 CFR §300.505—Electronic mail. 6.02(6) 34 CFR §300.506—Mediation. 6.02(7) [Repealed] 6.02(7.5) Due Process Complaints and Civil Actions 6.02(7.5)(a) General.

Except as is otherwise provided for in this Section 6.02(7.5), the requirements regarding resolution meetings and due process hearings shall be consistent with 34 CFR §300.507 through §300.515. 6.02(7.5)(a)(i) Procedures regarding the due process complaint, including the content of the due process complaint and filing requirements, shall be consistent with 34 CFR §300.507 and §300.508. 6.02(7.5)(a)(ii) Consistent with 34 CFR §300.509, a parent or the administrative unit or state-operated program may use the model due process complaint form developed by the Department, or another form or other document, so long as the form or document that is used meets the due process complaint content requirements as set forth in 34 CFR §300.508(b). 6.02(7.5)(a)(iii) Upon receipt of the first due process complaint filed by a parent in a school year, the Special Education Director of the administrative unit or stateoperated program must provide the parent with a copy of the procedural safeguards notice available to parents consistent with 34 CFR §300.504. 6.02(7.5)(a)(iv) A due process complaint can be filed against the Department. 6.02(7.5)(b) Due Process Complaint – specific filing requirements. 6.02(7.5)(b)(i) The party filing a due process complaint shall file a copy of the due process complaint with the Department at the same time that the due process complaint is filed with the opposing party to ensure that the Department timely assigns an Administrative Law Judge (ALJ) to the case. 6.02(7.5)(b)(ii) If the party filing the complaint is a parent, the party shall file the due process complaint with the Special Education Director of the affected administrative unit or state-operated program. If the due process complaint is filed against the Department, the party need only file the complaint with the Department. 6.02(7.5)(b)(iii) All timelines related to the due process complaint begin on the date that the complaint is received by both the opposing party and the Department. 6.02(7.5)(b)(iv) Regardless of whether the administrative unit/state-operated program or the parent has initiated the due process complaint, when the Special Education Director of the administrative unit or state-operated program knows that a due process complaint has been filed, it is the responsibility of the Special Education Director to: 6.02(7.5)(b)(iv)(A) By telephone, immediately notify the Department of the existence of the due process complaint; and 6.02(7.5)(b)(iv)(B) By facsimile, immediately provide a complete copy of the due process complaint to the Department accompanied by a written statement documenting the date when the due process complaint was filed. The Department will notify the public once secure electronic submission of due process complaints is available, and the parties may then submit any required documentation via this option. 6.02(7.5)(b)(v) Under no circumstance may the party receiving a due process complaint unilaterally determine that the due process complaint is insufficient or that it fails to state a claim under federal or state special education law. A notice of insufficiency may be presented to the ALJ pursuant to 34 CFR §300.508(d). 6.02(7.5)(c) Assignment of an Administrative Law Judge.

Within two business days after the Department’s receipt of a due process complaint, the Department shall notify the Office of Administrative Courts (OAC) in order to have an ALJ assigned to the complaint. 6.02(7.5)(d) Timelines applicable to resolution meetings and mediation. 6.02(7.5)(d)(i) Resolution Meeting 6.02(7.5)(d)(i)(A) Within 15 days of receiving notice of the parent's due process complaint, and prior to the commencement of a due process hearing, the administrative unit or state-operated program must convene a resolution meeting with the parent and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the due process complaint that - 6.02(7.5)(d)(i)(A)(I) Includes a representative of the administrative unit or state-operated program who has decision-making

authority on behalf of that agency; and 6.02(7.5)(d)(i)(A)(II) May not include an attorney of the administrative unit or state-operated program unless the parent is accompanied by an attorney. 6.02(7.5)(d)(i)(B) The purpose of the resolution meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the administrative unit or state-operated program has the opportunity to resolve the dispute that is the basis for the due process complaint. 6.02(7.5)(d)(i)(C) The resolution meeting described need not be held if - 6.02(7.5)(d)(i)(C)(I) The parent and the administrative unit or stateoperated program agree in writing to waive the resolution meeting; or 6.02(7.5)(d)(i)(C)(II) The parent and the administrative unit or stateoperated program agree to use the mediation process described in 34 CFR §300.506 and Section 6.02(6) of these Rules. 6.02(7.5)(d)(i)(D) The parent and the administrative unit or state-operated program determine the relevant members of the IEP Team to attend the resolution meeting. 6.02(7.5)(d)(ii) Resolution Period 6.02(7.5)(d)(ii)(A) The ALJ has no authority to extend the 30-day resolution period. 6.02(7.5)(d)(ii)(B) The parties may extend the resolution period but only under the circumstances described in Section 6.02(7.5)(d)(iii)(C). 6.02(7.5)(d)(ii)(C) If the administrative unit or state-operated program has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur. 6.02(7.5)(d)(ii)(D) Except as provided in Section 6.02(7.5)(d)(iii), below, the timeline for issuing a final due process decision begins at the expiration of the 30-day resolution period 6.02(7.5)(d)(ii)(E) Except where the parties have jointly agreed to waive the resolution process or to use mediation, the failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held. 6.02(7.5)(d)(ii)(F) If the administrative unit or state-operated program is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented (using the procedures in 34 CFR §300.322(d)(1) through (3)), the administrative unit or state-operated program may, at the conclusion of the 30-day resolution period, request that the ALJ dismiss the parent's due process complaint. 6.02(7.5)(d)(ii)(G) If the administrative unit or state-operated program fails to hold the resolution meeting within 15 days of receiving notice of a parent's due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of the ALJ to begin the due process hearing 45-day timeline. 6.02(7.5)(d)(iii) Adjustments to 30-day resolution period. The 45-day timeline for the due process hearing starts the day after one of the following events: 6.02(7.5)(d)(iii)(A) Both parties agree in writing to waive the resolution meeting; 6.02(7.5)(d)(iii)(B) After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible; or 6.02(7.5)(d)(iii)(C) When a party withdraws from mediation after the parties previously agreed, at the end of the 30-day resolution period, to continue the mediation as described below: 6.02(7.5)(d)(iii)(C)(I) The parties’ agreement to continue the mediation shall be in writing and signed by each party; and 6.02(7.5)(d)(iii)(C)(II) Immediately after the parties’ execution of the agreement to continue mediation, the parties shall jointly and simultaneously file the written agreement to continue mediation with the ALJ and the Department. 6.02(7.5)(e) Timelines applicable to due process hearings and convenience of hearings. 6.02(7.5)(e)(i) The Department must ensure that not later than 45 days after the expiration of the 30 day resolution period, or the adjusted time periods described in Section 6.02(7.5)(d)(iii), above - 6.02(7.5)(e)(i)(A) A final decision is reached in the hearing; and 6.02(7.5)(e)(i)(B) A copy of the decision is mailed to each of the parties. 6.02(7.5)(e)(ii) At the request of either party, the ALJ may grant specific extensions of time beyond the 45 day due process hearing period. Any such extension of time shall be accomplished in accordance with the requirements for time extensions set forth in Section 6.02(7.5)(f)(v), below. 6.02(7.5)(e)(iii) Each hearing must be conducted at a time and place that is reasonably convenient to the parents and child involved. 6.02(7.5)(f) Conduct of due process hearings The procedures regarding the conduct of due process hearings shall be consistent with the requirements established by 34 CFR §300.511. The topics addressed in 34 CFR §300.511 include: 6.02(7.5)(f)(i) The qualifications of ALJs.

At a minimum, an ALJ must meet the qualifications established by 34 CFR §300.511(c). The Department, at its discretion, may require additional qualifications. 6.02(7.5)(f)(ii) The subject matter of due process hearings. 6.02(7.5)(f)(iii) The timeline and exceptions to the timeline for requesting a hearing. 6.02(7.5)(f)(iv) Specific procedures.

The ALJ shall: 6.02(7.5)(f)(iv)(A) Consistent with the timelines in Section 6.02(7.5)(e), above, establish the procedures and timelines to be followed during the hearing; 6.02(7.5)(f)(iv)(B) Schedule the time and place for the hearing; 6.02(7.5)(f)(iv)(C) Schedule a prehearing conference at which the issues will be identified and the specific requests of the parties determined; 6.02(7.5)(f)(iv)(D) At the request of either party, issue subpoenas to compel attendance of witnesses at the hearing; 6.02(7.5)(f)(iv)(E) Ensure that a written or electronic verbatim account of the hearing is kept; and 6.02(7.5)(f)(iv)(F) Provide to the Department a copy of any order or decision issued. 6.02(7.5)(f)(v) Extension of timelines 6.02(7.5)(f)(v)(A) The ALJ shall not have authority to extend the 45 day due process decision timeline until after the resolution period described in section 6.02(7.5)(d)(ii), above, has occurred. 6.02(7.5)(f)(v)(B) Any request by a party to extend a due process hearing decision timeline shall be made within a reasonable period of time prior to the expiration of the 45 day period or previously extended time period; 6.02(7.5)(f)(v)(C) The ALJ’s decision regarding the requested extension of a due process decision timeline shall be issued on or before the date of the expiration of the existing timeline and documented in a written order; 6.02(7.5)(f)(v)(D) The ALJ shall provide a copy of such written order to the parties and to the Department. 6.02(7.5)(f)(v)(E) Exception. In the case of an expedited due process hearing requested as a result of a disciplinary change of placement pursuant to 34 CFR § 300.532(c), the specific timelines established in

Section 6.02(7.5)(i)(ii), below, shall apply. 6.02(7.5)(g) Hearing Rights Hearing rights accorded to parties shall be consistent with 34 CFR §300.512. 6.02(7.5)(h) Hearing Decisions 6.02(7.5)(h)(i) General. Due process hearing decisions shall be consistent with the requirements established by 34 CFR §300.513. The topics addressed by 34 CFR §300.513 include: 6.02(7.5)(h)(i)(A) The decision of the ALJ on the provision of FAPE; 6.02(7.5)(h)(i)(B) Separate request for a due process hearing; and 6.02(7.5)(h)(i)(C) Transmittal of the findings and decision to the Colorado Special Education Advisory Committee and to the general public. 6.02(7.5)(h)(ii) Specific requirements for due process decisions. 6.02(7.5)(h)(ii)(A) The ALJ shall render, in writing, all findings of fact and the decision based upon the evidence. 6.02(7.5)(h)(ii)(B) The ALJ shall mail the decision by certified mail to the parties and the Department within the timelines specified by Section 6.02(7.5)(e) or, in the case of an expedited hearing, within the timelines specified by 6.02(7.5)(i)(ii). 6.02(7.5)(h)(ii)(C) The ALJ shall include within the decision notification that, any party aggrieved by the findings and decision, has the right to bring a civil action consistent with the requirements as set forth in 34 CFR §300.516. 6.02(7.5)(h)(ii)(D) Except for the caption of the case, the decision shall be written such that it does not disclose personally identifiable information of the child or the parent(s). 6.02(7.5)(h)(ii)(E) The record of the hearing shall include all findings of fact, evidence admitted during the hearing, the decision, and the recording of the hearing, if available. The record shall be forwarded to the Department within 100 days after the conclusion of all due process proceedings if no civil action is brought. 6.02(7.5)(i) Expedited Due Process Hearings 6.02(7.5)(i)(i) General.

Consistent with 34 CFR §300.532(a), the parent of a child with a disability who disagrees with any decision regarding a disciplinary placement under 34 CFR § §300.530 and 300.531, or the manifestation determination under §300.530(e), or an administrative unit or state-operated program that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, may appeal the decision by requesting a hearing, and must have the opportunity for an expedited hearing. The requirements for expedited due process hearings, including timelines, shall be in accordance with 34 CFR §300.532. 6.02(7.5)(i)(ii) Specific Timelines 6.02(7.5)(i)(ii)(A) The Department is responsible for arranging the expedited due process hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed. The ALJ must make a determination within 10 school days after the hearing. 6.02(7.5)(i)(ii)(B) Unless the parents and administrative unit or stateoperated program agree in writing to waive the resolution meeting described below, or agree to use the mediation process described in 34 CFR §300.506 - 6.02(7.5)(i)(ii)(B)(I) The resolution meeting must occur within seven days of receiving notice of the due process complaint; and 6.02(7.5)(i)(ii)(B)(II) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint. 6.02(7.5)(i)(ii)(B)(III) The ALJ has no authority to extend any of the timelines set forth in this section 6.02(7.5)(i)(ii). 6.02(7.5)(i)(ii)(B)(IV) The parties may not agree to mutually extend the resolution period to resolve an expedited due process complaint. 6.02(7.5)(i)(iii) The requirements and procedures contained in this Section 6.02(7.5)(a) through 6.02(7.5)(h) shall apply to expedited due process hearings to the extent that such requirements and procedures are not in conflict with 34 CFR §300.532. 6.02(7.5)(j) Civil Action.

Any party aggrieved by the findings and decision of the administrative law judge has the right to bring a civil action consistent with the requirements set forth in 34 CFR §300.516. 6.02(7.5)(k) Attorneys' fees.

Reasonable attorneys’ fees may be awarded to a prevailing party by a court of competent jurisdiction, as described in 34 CFR §300.516, and consistent with the requirements established by 34 CFR §300.517. 6.02(7.5)(l) Child’s status during proceedings The child’s status during the pendency of any administrative or judicial proceeding shall be governed by the requirements established by 34 CFR §300.518 unless the due process complaint involves the disciplinary placement of the child, in which case the provisions of 34 CFR §300.533 apply. 6.02(8) 34 CFR §300.519 - Educational Surrogate Parents 6.02(8)(a) General.

The administrative unit of attendance and each state-operated program must ensure that the rights of a child are protected when - 6.02(8)(a)(i) No parent (as defined in Section 2.33 of these Rules) can be identified; 6.02(8)(a)(ii) The administrative unit of attendance or the state-operated program, after reasonable efforts, cannot locate a parent; 6.02(8)(a)(iii) The child is a ward of the State; or 6.02(8)(a)(iv) The child is a homeless child as defined in Section 22-1-102.5, C.R.S. 6.02(8)(b) Educational Surrogate Parent Registry The Department shall maintain a registry of each child with a disability determined to be in need of an educational surrogate parent and the educational surrogate parent assigned to the child. The purpose of the registry is to track those students for whom an educational surrogate parent has been assigned through the procedures established in this Section 6.02(8). 6.02(8)(c) Duties of the administrative unit of attendance or state-operated program.

The duties of an administrative unit of attendance or a state-operated program under

Section 6.02(8) include the assignment of an individual to act as an educational surrogate parent for the child. This must include a method- 6.02(8)(c)(i) For determining whether a child needs an educational surrogate parent; 6.02(8)(c)(ii) For assigning an educational surrogate parent to the child. 6.02(8)(d) Children placed in the legal custody of the Colorado Department of Human Services.

In the case of a child who is placed in the legal custody of the Colorado Department of Human Services, the educational surrogate parent alternatively may be appointed by the court overseeing the child’s case, provided that the educational surrogate parent meets the requirements in Section 6.02(8)(e)(iii). 6.02(8)(e) Criteria for selection of educational surrogate parents. 6.02(8)(e)(i) The Special Education Director of the administrative unit of attendance or state-operated program shall assign educational surrogate parents. 6.02(8)(e)(ii) After determining that a child needs an educational surrogate parent but before the educational surrogate parent is assigned, the Special Education Director must contact the Department to verify that there is no existing educational surrogate assignment for the child. 6.02(8)(e)(iii) The Special Education Director must ensure that a person selected and assigned as an educational surrogate parent - 6.02(8)(e)(iii)(A) Is not an employee of the Department, the administrative unit of residence, the administrative unit of attendance (if different from the administrative unit of residence), or state-operated program, or any other public agency that is involved in the education or care of the child; 6.02(8)(e)(iii)(B) Has no personal or professional interest that conflicts with the interest of the child whom the educational surrogate parent represents; 6.02(8)(e)(iii)(C) Has knowledge and skills that ensure adequate representation of the child. 6.02(8)(f) Requirement for written certification The Special Education Director shall document in writing, on a form approved by the Department of Education, each assignment of an educational surrogate parent, including a written certification that the requirements of Section 6.02(8)(e)(iii) have been met. The Special Education Director shall provide a copy of the written assignment to the Department within three (3) business days of the date of the assignment. 6.02(8)(g) Non-employee requirement; compensation.

A person otherwise qualified to be an educational surrogate parent under Section 6.02(8)(e)(iii) is not an employee of the administrative unit of attendance or stateoperated program solely because he or she is paid by such administrative unit or stateoperated program to serve as an educational surrogate parent. 6.02(8)(h) Homeless children.

In the case of a child who is an unaccompanied homeless child, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary educational surrogate parents without regard to Section 6.02(8)(e)(iii), above, until an educational surrogate parent can be appointed that meets all of the requirements of Section 6.02(8)(e)(iii). 6.02(8)(i) Educational surrogate parent responsibilities.

The educational surrogate parent may represent the child in all matters relating to - 6.02(8)(i)(i) The identification, evaluation, and educational placement of the child; 6.02(8)(i)(ii) The provision of FAPE to the child. 6.02(8)(j) Responsibility of the Department.

The Department must make reasonable efforts to ensure the assignment of an educational surrogate parent not more than 30 days after the responsible administrative unit or state-operated program determines that the child needs an educational surrogate parent. 6.02(8)(k) Approved Facilities Schools.

Notwithstanding Section 6.02(8)(c), above, if it is determined that a child placed in an approved facility school needs an educational surrogate parent, the child’s administrative unit of residence or state-operated program is responsible for locating and assigning the educational surrogate parent. If the approved facility school is not located within the boundaries of the administrative unit of residence, the administrative unit in which the approved facility school is located shall cooperate with the administrative unit of residence in locating an educational surrogate parent for the child. 6.02(9) 34 CFR §300.520 - Transfer of parental rights at age of majority. The age of majority for educational purposes in the State of Colorado is age 21; 6.02(10) 34 CFR §300.530 through §300.537 - Student discipline procedures.

Student discipline procedures and protections for children with disabilities shall be consistent with the requirements set forth in 34 CFR §300.530 through §300.537. The topics addressed by those requirements include: 6.02(10)(a) Authority of school personnel - 34 CFR §300.530; 6.02(10)(b) Removals for not more than ten (10) consecutive school days and patterns of removal - 34 CFR §300.530(b)(1); 6.02(10)(c) Removals cumulating to more than ten (10) school days in a school year - 34 CFR §300.530(b)(2); 6.02(10)(d) Removals exceeding 10 consecutive schools days - 34 CFR §300.530(c); 6.02(10)(e) Required provision of services for students suspended or expelled for more than ten cumulative school days in a school year - 34 CFR §300.530(b)(2) and 34 CFR §300.530(d); 6.02(10)(f) Manifestation determinations - 34 CFR §300.530(e) and 34 CFR §300.530(f); 6.02(10)(g) Special circumstances - 34 CFR §300.530(g); 6.02(10)(h) Requirements regarding notification to parents - 34 CFR §300.530(h); 6.02(10)(i) Applicable definitions - 34 CFR §300.530(i); 6.02(10)(j) Determination of setting - 34 CFR §300.531; 6.02(10)(k) Appeal (including expedited due process hearings) - 34 CFR §300.532; 6.02(10)(l) Placement during appeals - 34 CFR §300.533; 6.02(10)(m) Protections for children not determined eligible for special education and related services - 34 CFR §300.534; 6.02(10)(n) Referral to and action by law enforcement and judicial authorities - 34 CFR §300.535; and 6.02(10)(o) Change of placement because of disciplinary removals - 34 CFR §300.536. 7.00 COORDINATION BETWEEN SEA AND LEAs 7.01 Record Keeping To meet the requirements of Sections 22-20-104(4), C.R.S., an administrative unit shall maintain a management and information system which provides for the collection, documentation, aggregation, and reporting of student, staff, revenue and expenditure data. 7.01(1) Student data. 7.01(1)(a) Administrative units should maintain an individual student data base of the following information: 7.01(1)(a)(i) Student name. 7.01(1)(a)(ii) Date of birth. 7.01(1)(a)(iii) Primary disability. 7.01(1)(a)(iv) Student's gender and ethnicity. 7.01(1)(a)(v) Primary educational setting. 7.01(1)(a)(vi) Date of the most recent meeting at which the child was determined to have a disability. 7.01(1)(a)(vii) Date of the most recent meeting at which the IEP was reviewed. 7.01(1)(a)(viii) Individual staff who are providing special education programs and services identified in the student's IEP. 7.01(1)(b) Administrative units, community centered boards (or case management agencies), and approved facility schools should maintain individual student records that contain the following: 7.01(1)(b)(i) Information about the disposition of each referral. 7.01(1)(b)(ii) Signed permission forms for initial assessment and initial placement. 7.01(1)(b)(iii) Verification that parent(s) were advised of and understood their due process rights. 7.01(1)(b)(iv) Any written assessment reports. 7.01(1)(b)(v) Documentation that appropriate written notice was given to parent(s). 7.01(1)(b)(vi) Documentation that required participants were in attendance at meetings. 7.01(1)(b)(vii) Records of all meetings at which the child was determined to have a 7.01(1)(b)(viii) A copy of all IEPs. 7.01(1)(b)(ix) Any additional information which documents that the child is eligible for special education services. 7.01(1)(c) Individually identifiable information shall be held confidential and protected in accordance with Section 6.01 of these Rules. 7.01(1)(d) Destruction of records shall be in compliance with Section 6.01(14) of these Rules and 34 CFR §300.624. 7.01(2) Staff data.

Administrative units should maintain the following data for all special education services staff: 7.01(2)(a) Name. 7.01(2)(b) Special education position assignment. 7.01(2)(c) FTE and salary attributable to special education, and source of funds supporting that salary. 7.01(2)(d) Documentation of time spent with students with disabilities for each staff member who is employed part-time in special education and part-time in regular education. 7.01(3) Revenue and expenditure data. 7.01(3)(a) Administrative units shall maintain auditable records of all special education expenditures and of the state, federal, local and other revenues which are received in support of those expenditures. 7.01(3)(b) Using the accrual basis of accounting, administrative units shall operate a budgeting and accounting procedure which records the objects of expenditure for each special education instructional and support service area. 7.01(3)(c) Community centered boards (or case management agencies) and approved facility schools shall maintain auditable records of all information used to establish tuition costs reported on forms developed by the Department of Education. 7.02 Reporting Each administrative unit shall submit to the Department of Education annual student, staff, revenue and expenditure data according to the instructions and on forms or computer programs provided by the Department of Education. If accurate data are not submitted according to deadlines established by the Department, the disbursement of state and federal funds to that particular unit shall be delayed.

7.03 SPECIAL EDUCATION FUNDING 7.03(1) Federal funds. 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. 7.03(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. 7.03(1)(c) Federally funded programs shall be considered supplementary to the basic program required by the Exceptional Children's Educational Act (ECEA). 7.03(2) ECEA funds.

Under the requirements of Section 22-20-104(4), C.R.S., an administrative unit shall use its state ECEA funds only on special education services and programs, as outlined in Section 2.45 of 7.03(3) Payments of ECEA funds.

ECEA funds shall be distributed in accordance with Sections 22-20-114 and 22-20-114.5, C.R.S. 7.04 (Reserved) 7.05 Monitoring Each administrative unit, State Operated Program, approved facility school, and Department of Early Childhood program shall comply with all state statutes and regulations regarding the identification and/or education of children with disabilities. 7.05(1) Each administrative unit, State Operated Program, approved facility school and Department of Early Childhood program shall be subject to ongoing monitoring by the Department of Education of its policies, procedures and practices relating to the identification and/or education of children with disabilities. 7.05(1)(a) Monitoring procedures shall include: 7.05(1)(a)(i) A determination of compliance with statutes according to the administrative unit on-site checklist developed by the Department of Education. 7.05(1)(a)(ii) An assessment of program quality based on the standards established by the Department of Education. 7.05(1)(b) Monitoring activities shall be determined by the Department of Education and shall include: 7.05(1)(b)(i) Review of the comprehensive plan of the administrative unit, stateoperated program or approved facility school, 7.05(1)(b)(ii) A review of the data routinely collected by the Department of Education, 7.05(1)(b)(iii) A planned comprehensive or targeted on-site process to identify and verify compliance with and implementation of policies and procedures as well as delivery of services, 7.05(1)(b)(iv) Count audits consisting of periodic checks of student eligibility criteria through verification of documentation as found in students' files and on individual education programs. 7.05(1)(b)(v) Confirmation that the AU adopted the policy on Abbreviated School Day Schedules. 7.05(1)(c) Follow-up to assure non-compliance issues have been rectified shall be ongoing.

Follow-up of non-compliance issues identified from the count audits will occur as part of the comprehensive on-site monitoring process. 7.05(2) Within 90 days from the completion of any monitoring procedure or activity, the Department of Education shall provide a written report based on the administrative unit on-site checklist, to the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program, which shall include findings, non-compliance items, directives for corrective action, and recommendations for improvement. 7.05(2)(a) Should the Department of Education determine that an administrative unit, stateoperated program, approved facility school, or Department of Early Childhood program is in non-compliance with pertinent statutes and implementing regulations, the Department of Education shall provide such administrative unit, state-operated program, approved facility school, or Department of Early Childhood program with the legal citation of the statute or regulation it is found to have violated and the directive for corrective action or request for a corrective action plan. 7.05(2)(b) Should the Department of Education determine that an administrative unit, stateoperated program, approved facility school, or Department of Early Childhood program does not reasonably satisfy quality standards or guidelines established by the Department of Education, recommendations will be made. 7.05(3) Within 90 days following any report of non-compliance, the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program shall provide the Department of Education with a corrective action plan including timelines, or sufficient documentation that corrective actions ordered by the Department have been made, whichever is applicable. 7.05(4) Within 20 days following the receipt of the corrective action plan of the administrative unit, stateoperated program, approved facility school, or Department of Early Childhood program, the Department of Education shall acknowledge receipt of such and indicate whether it is accepted or, if rejected, notification of the revision necessary before acceptance would be given. 7.05(5) [Deleted] 7.05(6) If the Department of Education is unable to secure voluntary compliance through the actions described above, the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program shall be notified of the noncompliance and the subsequent steps to be taken by the Department of Education which may include any of the following or any other appropriate means of enforcing compliance requirements: 7.05(6)(a) disapproval or failure to approve in whole or part, the application of the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program for funding; 7.05(6)(b) order, in accordance with a final state audit resolution determination, the repayment of misspent federal funds; 7.05(6)(c) withhold and/or terminate further financial assistance to the administrative unit, state-operated program, approved facility school, or Department of Early Childhood program; 7.05(6)(d) suspend payments, under an approved project, to the administrative unit, stateoperated program, approved facility school, or Department of Early Childhood program. 7.05(7) Information regarding monitoring findings and resolutions shall be forwarded to the appropriate Department of Education staff for consideration in the accreditation process for a school district or the Colorado School for the Deaf and the Blind, or to the Colorado Department of Early Childhood for appropriate licensing action. 7.06 State Complaint Procedures The Department shall accept, investigate, and resolve state-level complaints under 34 CFR §§ 300.151 to 300.153 as part of its duty of general supervision. 7.06(1) Pursuant to section 22-20-104(1)(a)(VIII), C.R.S., the Department shall publish rules of agency organization governing how it processes state complaints. These state complaint procedures shall identify: 7.06(1)(a) The process for filing a complaint with the Department consistent with 34 CFR §§ 300.151(a)(1) and 300.153; 7.06(1)(b) Time limits and procedures consistent with 34 CFR § 300.152; and 7.06(1)(c) A reminder to public agencies to comply with 34 CFR § 300.504(a)(2). 7.06(2) As required by 34 CFR § 300.151(a)(2), the state complaint procedures must be posted to the Department’s website, described in the Department’s procedural safeguards notice, and otherwise widely disseminated to parents and other interested individuals. 7.06(3) The Department’s decisions in a state complaint shall not be subject to appeal, but the same issues may be subject to a due process complaint if the party has a right to file a due process complaint consistent with 34 CFR 300.507. Subsequent due process proceedings will not delay implementation of any remedies imposed by a state complaint decision unless and until: 7.06(3)(a) The specific legal violation to which the remedy is directed is at issue in the due process complaint; and 7.06(3)(b) There is a direct conflict between the state complaint decision and the final decision of the administrative law judge.

8.00 RESPONSIBILITIES OF ADMINISTRATIVE UNITS, STATE-OPERATED PROGRAMS AND

APPROVED FACILITY SCHOOLS 8.01 General Responsibilities 8.01(1) Duties and responsibilities of administrative units.

An administrative unit shall carry out all applicable State and Federal statutes and regulations and shall be responsible for and provide assurances for: 8.01(1)(a) The development and adoption of a Comprehensive Plan in accordance with the applicable statutes and regulations. Such Plan shall also include a description of the following: 8.01(1)(a)(i) Financial commitments and agreements of the unit and of the participating districts for special education programs and services. 8.01(1)(a)(ii) Method or standards utilized to determine the number and types of special education personnel required to meet the needs of children with 8.01(1)(a)(iii) Procedures for regular, periodic evaluation of programs, services and student progress. 8.01(1)(b) Resource allocation and management to assure adequate personnel, facilities, materials and equipment in accordance with the provisions of Section 3.03 of these Rules to meet the needs of children with disabilities. 8.01(1)(c) Qualified personnel in accordance with the provisions of Section 3.04 of these 8.01(1)(d) Maintenance of and access to student records in accordance with Section 7.01 of 8.01(1)(e) Child find, referral, evaluation, planning and delivery of services in accordance with the provisions of Sections 4.00, 5.00, and 8.00 of the Rules. 8.01(1)(f) Procedures for ensuring confidentiality and required procedural safeguards in accordance with Section 6.00 of the Rules. 8.01(1)(g) Staff development in accordance with Section 3.05 of these Rules. 8.01(1)(h) Program evaluation in accordance with Section 3.06 of these Rules. 8.01(1)(i) Reporting of any Department of Early Childhood Program noncompliance with state and federal special education laws, regulations, and requirements to the Department of Education and Department of Early Childhood. Such reports shall be made in writing to the Commissioner of Education and the Executive Director of the Department of Early Childhood or their designees no later than five business days after discovery of the acts or omissions giving rise to the noncompliance. 8.01(1)(j) Adoption and implementation of a policy regarding Abbreviated School Day Schedules by July 1, 2025 that is substantially similar to a policy that the Department will create pursuant to section 22-20-123(3)(a), C.R.S., and which must include the following at minimum: 8.01(1)(j)(i) The definitions of Abbreviated School Day and Abbreviated School Day Schedule in rules 2.01 and 2.01(1) of these rules; and 8.01(1)(j)(ii) An explanation of and expectations on how Abbreviated School Days relate to school discipline and informal removals, which includes the following: 8.01(1)(j)(ii)(I) When a school unilaterally shortens a child’s school day to address behavioral concerns, it must count this as a disciplinary removal even if the child was not formally suspended. This includes, but is not limited to, the following circumstances: when the school calls the child’s parent/guardian to pick them up early due to behavior; when a teacher does not allow a child to attend class due to behavior; and when a school official unilaterally determines that the child must attend for an Abbreviated School Day due to behavior; and 8.01(1)(j)(ii)(II) These removals must be accurately recorded and tracked to ensure the child receives the disciplinary protections to which they are entitled, such as a manifestation determination review should the combined removals constitute a disciplinary change of placement under

Section 504 or the IDEA; and 8.01(1)(j)(ii)(III) These provisions do not mean that a school is prohibited from disciplining a child with disabilities for conduct that violates the student code of conduct as long as it does so consistent with the protections afforded to children with disabilities under IDEA and Section 504; and 8.01(1)(j)(iii) An explanation of and expectations regarding how Abbreviated School Days relate to school attendance, which includes the following: 8.01(1)(j)(iii)(I) A child with disabilities in high school who voluntarily enrolls in a reduced class load, consistent with other non-disabled students in the school, and who is on track to graduate is not considered to be on an Abbreviated School Day Schedule; and 8.01(1)(j)(iii)(II) Children with disabilities appropriately placed on an Abbreviated School Day Schedule by an IEP or 504 Team may not be considered truant or chronically absent based solely on the abbreviated schedule.

Compulsory school attendance requirements pursuant to Section 22-33- 104, C.R.S., do not apply to children with disabilities who have been placed on an Abbreviated School Day Schedule by an IEP or 504 team in accordance with the Department’s policy and state and federal law; 8.01(1)(j)(iii)(III) Children with disabilities should have the same opportunity to participate in field trips, school functions, and extracurricular activities as their nondisabled, same-aged peers. A child who has been placed on an Abbreviated School Day Schedule by their IEP or 504 team should not be determined ineligible to participate in field trips, school functions, and extracurriculars based on the abbreviated schedule. If a child with a disability needs supplementary aids and services to meaningfully participate in field trips, school functions, and extracurricular activities, these should be determined by the IEP or 504 team and described in the IEP or 504 plan; and 8.01(1)(j)(iv) The role of the IEP or 504 Team in Determining an Abbreviated School Day Schedule, including at minimum: 8.01(1)(j)(iv)(I) The IEP or 504 team must determine whether an Abbreviated School Day Schedule is appropriate based on the child’s unique disability-related needs, consistent with IDEA and Section 504. For an IDEA-eligible child, initial placement on an Abbreviated School Day Schedule may not be determined through the IEP amendment process described in 300.324(a)(4); and 8.01(1)(j)(iv)(II) In making this determination, the team must consider and document in the IEP or 504 plan how FAPE will be achieved with the Abbreviated School Day Schedule and whether the Abbreviated School Day Schedule will impact the ability to educate the child with disabilities in the LRE. FAPE and LRE must be determined consistent with the requirements of IDEA or Section 504; and 8.01(1)(j)(iv)(III) Additional technical guidance that will be provided in the Department’s Abbreviated School Day Schedule policy related to components that must be determined and documented in the IEP or 504 process as well as how often the Abbreviated School Day Schedule should be reviewed; and 8.01(1)(j)(v) The requirements for consent and information provided to parents, legal guardians, and custodians of children with disabilities, including: 8.01(1)(j)(v)(I) Explaining student rights related to informal removals for conduct or behavior as described in rule 8.01(1)(j)(ii). 8.01(1)(j)(v)(II) There are times when a lawfully convened IEP or 504 team meets and determines that an Abbreviated School Day Schedule is necessary to ensure a FAPE for the student (e.g. a student with a medical condition that requires homebound). When an offer of FAPE is made that includes an Abbreviated School Day Schedule, and the parent/guardian disagrees that the Abbreviated School Day Schedule is necessary for FAPE, the parent/guardian can pursue existing remedies under state and federal law. For IDEA-eligible children, the parent/guardian can request mediation, file a state complaint, or file a due process complaint. For children on a 504 plan, the parent/guardian can file a complaint with the Office of Civil Rights. 8.01(1)(j)(v)(III) For any Abbreviated School Days or Abbreviated School Day Schedules that are not connected to the offer of FAPE determined by the IEP or 504 Team (and are not lawful and proper disciplinary removals), the school must obtain informed and written consent from the child’s parent(s), legal guardian(s), or custodian(s) prior to implementing the Abbreviated School Day or Abbreviated School Day Schedule. A parent, guardian, or custodian may revoke this consent in writing at any time. 8.01(1)(j)(v)(IV) Additional technical guidance that will be provided by the Department in its Abbreviated School Day Schedule policy related to consent; and 8.01(1)(j)(vi) Additional requirements related to documentation and record keeping for Abbreviated School Day Schedules that will be included in the Department’s policy on Abbreviated School Day Schedules. 8.01(2) Duties and responsibilities of approved facility schools.

An approved facility school with an on-grounds school approved by the Facility School Board in accordance with the Rules for the Administration of the Facility Schools Act, 1 CCR 304-1, shall be responsible for: 8.01(2)(a) Development of a Comprehensive Plan in accordance with the Rules for the Administration of the Facility Schools Act, 1 CCR 304-1. 8.01(2)(b) Resource allocation and management in accordance with Section 3.03 of these Rules to assure adequate personnel, facilities, materials and equipment to meet the needs of children with disabilities. 8.01(2)(c) Qualified personnel in accordance with the provisions of Section 3.04 of these 8.01(2)(d) Maintenance and access to student records in accordance with Section 7.01 of 8.01(2)(e) IEP planning, in collaboration with the responsible administrative unit, and the delivery of services in accordance with the provisions of Sections 4.00, 5.00 and 8.00 of 8.01(2)(f) Procedures for ensuring confidentiality and required procedural safeguards in accordance with Section 6.00 of the Rules. 8.01(2)(g) Staff development in accordance with Section 3.05 of these Rules. 8.01(2)(h) Program evaluation in accordance with Section 3.06 of these Rules. 8.01(3) Duties and responsibilities of state-operated programs.

A state-operated program shall carry out all applicable State and Federal statutes and regulations and shall be responsible for and provide assurances for the development and adoption of a Comprehensive Plan in accordance with the applicable statutes and regulations. Such Plan shall also include a description of the following: 8.01(3)(a) Method or standards utilized to determine the number and types of special education personnel required to meet the needs of children with disabilities. 8.01(3)(b) Resource allocation and management in accordance with Section 3.03 of these Rules to assure adequate personnel, facilities, materials and equipment to meet the needs of children with disabilities. 8.01(3)(c) Qualified personnel in accordance with the provisions of Section 3.04 of these 8.01(3)(d) Maintenance of and access to student records in accordance with Section 7.01 of 8.01(3)(e) Child find, referral, evaluation, planning and delivery of services in accordance with the provisions of Sections 4.00 and 5.00 of these Rules. 8.01(3)(f) Procedures for ensuring confidentiality and required procedural safeguards in accordance with Section 6.00 of these Rules. 8.01(3)(g) Staff development in accordance with Section 3.05 of these Rules. 8.01(3)(h) Program evaluation in accordance with Section 3.06 of these Rules. 8.01(4) Duties and responsibilities of alternative administrative units. 8.01(4)(a) For a child with disabilities who is enrolled in a charter school that participates in an alternative administrative unit, the alternative administrative unit, for the duration of the child's enrollment in the charter school, is solely legally and fiscally responsible for specialized instruction and related services to provide a free appropriate public education for the child and for dispute resolution pursuant to the “Exceptional Children's Educational Act”, article 20 of title 22 of the Colorado Revised Statutes, and the federal “Individuals with Disabilities Education Act”, 20 U.S.C. sec. 1400 et seq., as amended.

Dispute resolution includes, but is not limited to, resolution of state complaints, due process hearings, and investigations by the federal department of education. 8.02 Specific Responsibilities for Special Education Functions and Services 8.02(1) Except as is otherwise provided for in these Rules, the administrative unit of attendance is responsible for child identification, as defined by Section 4.02 of these Rules, IEP planning, delivery of special education services, and the provision of a free appropriate public education to each child with a disability attending public school within the administrative unit, including convening and conducting required meetings related to such special education functions. 8.02(1)(a) A child with a disability attending public school is entitled to all special education services specified by the child’s IEP and to a free appropriate public education. 8.02(1)(b) Consistent with 34 CFR § §300.129 through 300.144, each administrative unit is responsible for conducting child identification and serving designated parentally placed private school students with disabilities in elementary and secondary private schools located within the boundaries of the administrative unit, including developing a services plan for such designated students. 8.02(1)(c) The administrative unit of attendance is not responsible for the delivery of special education services or the provision of a free appropriate public education to a child with a disability placed in an approved facility school approved by the Facility Schools Board. It is, however, responsible for certain other special education functions identified in this

Rule 8.00. 8.02(2) If a child with a disability is not enrolled in school, the administrative unit of residence is responsible for the provision of child find identification services. 8.03 Responsibility for Special Education Tuition 8.03(1) Pursuant to Section 9.03 of these Rules, the district of residence is responsible for the payment of special education tuition as that term is defined by Section 9.01(8) of these Rules. 8.03(2) The relative responsibilities of administrative units, alternative administrative units, districts of residence, approved facility schools, charter schools and online schools or programs for public out-of-district placement of students, school choice placement of students, and special education tuition are established in Section 9.00 of these Rules. Each BOCES and its member districts shall jointly develop procedures and/or cooperative agreements that will ensure compliance with such 8.03(3) If the child’s district of attendance is not the child’s district of residence but is within the same administrative unit as the child’s district of residence, the payment of tuition, if any, shall be determined by the administrative unit and the two districts involved. 8.04 Responsibility for Initial Assessment and Reevaluation 8.04(1) Responsibility for initial assessment and reevaluation shall be with the administrative unit in which the child attends school, or, if (s)he is not enrolled in school, it shall be the responsibility of the administrative unit in which the child resides. The administrative unit of attendance shall invite the Special Education Director or designee of the administrative unit of residence to participate in the process of the initial assessment or re-evaluation. State-operated programs and approved facility schools shall be excepted from this Rule as follows: 8.04(1)(a) Initial assessment and re-evaluation for children attending the Colorado School for the Deaf and the Blind or residing at the Mental Health Institutes or the Division of Youth Corrections shall be the responsibility of those agencies, which shall invite the administrative unit of residence to participate. 8.04(1)(b) Initial assessment and re-evaluation for incarcerated children shall be the responsibility of the Department of Corrections. 8.04(1)(c) Re-evaluation for children at approved facility schools shall be the responsibility of the administrative unit of residence. 8.04(1)(d) When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide initial evaluations and reevaluations, the charter school shall be responsible for conducting such evaluations and complying with Section 4.02 of these Rules. However, the administrative unit of the charter school remains ultimately responsible for ensuring that all such evaluations meet the requirements of Section 4.02. 8.05 Meetings During Which a Disability or Eligibility is Initially Considered 8.05(1) Meetings during which a disability or eligibility is initially considered shall be the responsibility of the administrative unit in which the child attends school or, if (s)he is not enrolled in school, it shall be the responsibility of the administrative unit in which the child resides. 8.05(1)(a) If the administrative unit in which the parent resides would be different from the administrative unit of attendance, the administrative unit of attendance shall notify the Special Education Director of the administrative unit in which the child's parent resides prior to the assessment process so that the administrative unit of residence may choose to participate in the process. 8.05(1)(b) If the administrative unit in which the parent resides disagrees with the determination of eligibility, the administrative unit of residence may elect to initiate an informal process such as negotiation or mediation or it may request the Commissioner of Education to review the process of determination. Disagreements subject to this informal dispute resolution option are limited to those involving allegations that the administrative unit of attendance failed to comply with the evaluation and eligibility determination procedures established by Section 4.02 of these Rules, including the requirement that the administrative unit of residence be invited to participate in the evaluation of the child consistent with Section 8.05(1)(a) of these Rules. 8.05(1)(c) Except for state-operated programs and approved facility schools, review meetings in which the determination of disability and eligibility is reconsidered shall be the responsibility of the administrative unit of attendance. This includes review meetings for children with disabilities attending online schools or programs within the administrative unit of attendance. For state-operated programs, review meetings in which the determination of disability and eligibility are reconsidered shall be the responsibility of the state-operated programs. For approved facility schools, review meetings in which the determination of disability and eligibility are reconsidered shall be the responsibility of the administrative unit of residence. 8.05(1)(d) When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide the special education services and to conduct the eligibility determination meetings required by these Rules, the charter school shall be responsible for meeting the eligibility determination requirements in compliance with Section 4.02 of these Rules. However, the administrative unit of the charter school remains ultimately responsible for ensuring that all eligibility determinations and related meetings comply with the requirements of Section 4.02. 8.06 Meetings to Initially Develop or to Subsequently Review the Child’s Individualized Educational Program (IEP) 8.06(1) If the determination is made that the child has a disability and is eligible for special education, all meetings to initially develop or to subsequently review the child’s individualized educational program (IEP) shall be the responsibility of the administrative unit of attendance which shall timely invite the Special Education Director of the administrative unit of residence to participate as an IEP team member. This includes online schools or programs operated within the administrative unit of attendance. Exceptions to this Rule are as follows: 8.06(1)(a) All meetings for children attending the Colorado School for the Deaf and the Blind or residing at the Mental Health Institutes and the Division of Youth Corrections shall be the responsibility of those agencies which shall invite the administrative unit of residence to participate. 8.06(1)(b) All meetings for incarcerated children at the Department of Corrections shall be the responsibility of that agency. 8.06(1)(c) Meetings to develop the initial individualized educational program (IEP) for children at approved facility schools shall be the responsibility of the administrative unit of attendance (the administrative unit in which the facility is located). Thereafter IEP review meetings and re-determination of eligibility shall be the responsibility of the administrative unit of residence. 8.06(1)(d) When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide the special education services and to conduct the meetings required by these Rules, the charter school shall be responsible for meetings to initially develop and subsequently review the IEP in compliance with Section 4.03 of these Rules. However, the administrative unit of the charter school remains ultimately responsible for ensuring that IEP planning and related meetings comply with the requirements of Section 4.03. 8.07 Transfers Under Public School Choice Involving a Significant Change in Placement 8.07(1) When a child seeks to transfer to a new school or program, including an online school or program under public school choice, and the transfer constitutes a significant change in placement, as described in Section 4.03(8)(b)(ii) of these Rules: 8.07(1)(a) A reevaluation consistent with Section 4.03(8)(b)(ii)(B) must be conducted by the administrative unit in which the school or program is located, and an IEP Team convened by such administrative unit. The purpose of the IEP Team meeting is to ensure that the receiving school or program is an appropriate placement for the student. Consistent with this Section 8.00, if the administrative unit of the receiving school or program is different from the administrative unit of residence, the Special Education Director of the administrative unit of residence shall be notified of the reevaluation and also invited to the IEP meeting. 8.07(1)(b) When the applicable contract between a charter school and its authorizer or alternative administrative unit allows the charter school to provide the special education services and to conduct the IEP meeting required by Section 4.03, the charter school shall be responsible for the reevaluation and the IEP meeting in compliance with this

section and Section 4.03(8)(b)(ii). However, the administrative unit of the charter school remains ultimately responsible for ensuring compliance with this section and Section 4.03(8)(b)(ii).

9.00 OUT OF DISTRICT PLACEMENTS

9.01 DEFINITIONS 9.01(1) “Applicable revenues” means: 9.01(1)(a) The Per Pupil Revenue (PPR), as follows: 9.01(1)(a)(i) 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 enrollment in multidistrict online schools; 9.01(1)(a)(ii) 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)(iii) 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., not including enrollment in multidistrict online schools; 9.01(1)(a)(iv) The PPR 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)(v) The per pupil funding for online enrollment set by Section 22-54- 104(4.5), C.R.S., for a child with a disability enrolled in a multidistrict online school, including a multidistrict online school provided by a charter school. 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, including the per child rate for preschool services as determined by the Colorado Department of Early Childhood pursuant to section 26.5-4-208, C.R.S. (“per child preschool rate”). 9.01(1)(f) Monies received from other administrative units, not including tuition. 9.01(1)(g) Monies received through grants and donations. 9.01(1)(h) For an approved facility school, the amount of funds received from the state under Section 22-54-129, C.R.S. 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. “Charter school” does not include any school authorized pursuant to Section 22-80-102(4)(b), C.R.S. 9.01(3) “Facility” and “Approved Facility School” are defined in section 2.19 of these Rules. 9.01(4) “Multidistrict online school” means an multidistrict online school as defined in Section 22-30.7- 102(6), C.R.S. 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 a facility with an approved facility school or another out-of-home placement. 9.01(6) “Public Placement” means the placement of a child with a disability in a facility with an approved facility school or another out-of-home placement by a court or public agency. 9.01(7) “Special Education Expenditures” means the expenditures as defined in Section 2.00 of these 9.01(8) “Tuition Costs” means:

(a) 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 special education services in a 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.; or (b) the tuition rate for the cost of providing special education services to a child with a disability in an approved facility school established by the Department of Education and approved by the State Board pursuant to Section 22-20-109(2)(a) & (b), C.R.S. and

Section 9.06(1) 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 approved facility schools 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 approved facility school 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 approved facility school 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 multidistrict online school 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 Impairment, Including Blindness; 9.03(1)(a)(ii) A Hearing Impairment, Including Deafness; 9.03(1)(a)(iii) Deaf-blindness; 9.03(1)(a)(iv) A Serious Emotional Disability; 9.03(1)(a)(v) Autism Spectrum Disorder; 9.03(1)(a)(vi) A Traumatic Brain Injury; 9.03(1)(a)(vii) Multiple Disabilities; or 9.03(1)(a)(viii) Intellectual Disability. 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 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 differ significantly from other programs in the administrative unit of attendance, tuition shall be owed for all students listed in Section 9.03(1)(a). 9.03(2) Type of Tuition Placements 9.03(2)(a) Placement in Approved Facility Schools 9.03(2)(a)(i) When a child with a disability is placed into an approved facility school, the district of residence is responsible for paying the tuition costs. The tuition cost rate shall be determined by the Department of Education and approved by the State Board in accordance with section 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. Except that the district of residence may pay a higher tuition cost than the cost established by the Department of Education and approved by the State Board for children in need of specialized services, if these services are included in a child’s IEP. Costs for additional services required by an individual child and documented on an IEP may be negotiated by the approved facility school and administrative unit of residence. 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 that the administrative unit of attendance may charge the district of residence for children in group homes or group centers served by the administrative unit of attendance. 9.03(2)(a)(i)(A) When a child with a disability is placed into an approved facility school, the administrative unit of residence must count the child for the December Special Education Count. The approved facility school must report monthly student enrollment to CDE as required by Section 22-54- 129(4)(a), C.R.S., and 1 CCR 301-39, rule 14.00, and bill CDE for the amounts due under Section 22-54-129(2.5)(a)(I), C.R.S. 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 a facility with an approved facility school shall notify in writing the child’s administrative unit of residence, the administrative unit in which the approved facility school 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 approved facility school 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 these 9.03(2)(b) Placement in Charter Schools When a child with a disability enrolls in and attends a charter school pursuant to Article 30.5 of Title 22, C.R.S., including a charter school that provides a multidistrict online school, the district of residence shall be responsible for paying to the charter school or the chartering authority, whichever is providing the special education services, the tuition costs incurred in educating the child. The chartering 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 9.06(2) of these Rules. A written approval for the placement is not required from the administrative unit of residence 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 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 authority, and consistent with Section 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. 9.03(2)(b)(ii) The provisions in Section 9.03(2)(b) also apply when: 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 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. 9.03(2)(b)(iii) The provisions in Section 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 9.03(2)(b), 9.04(2), 9.05(1), 9.06(2) and 9.07(2) of the Rules. 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. 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 other than a multidistrict online school, and the school is not a charter school pursuant to 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 9.04(1) of these Rules. 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. 9.03(2)(c)(ii) The provisions in Section 9.03(2)(c) of these Rules also apply when: 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 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. 9.03(2)(c)(iii) The provisions in Section 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 9.03(2)(c), 9.04(1), 9.06(3), and 9.07(1) of these Rules. 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. 9.03(2)(d) Placement in Multidistrict Online Schools When a child with a disability enrolls in and attends a multidistrict online school that is not provided by a charter school, the district of residence shall be responsible for paying to the provider of the multidistrict online school 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 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 or from the district of residence.

The online provider shall provide notice in accordance with these Rules when a child with a disability applies to enroll in the multidistrict online school. The amount of the tuition costs shall be determined pursuant to Section 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 multidistrict online school for those children based on the criteria set forth in Section 9.03(1) of these Rules. 9.03(2)(d)(ii) The provisions in Section 9.03(2)(d) of these Rules also apply when: 9.03(2)(d)(ii)(A) A child is already enrolled in the multidistrict online school and is subsequently identified as a child with a disability in connection with the child find process; or 9.03(2)(d)(ii)(B) A multidistrict online school, which has not been billing for tuition costs for a child with a disability enrolled in its program, decides to initiate a tuition contract. 9.03(2)(d)(iii) The provisions in Section 9.03(2)(d) of these Rules apply only if the multidistrict online school complies with the Rules herein governing tuition costs.

Likewise, if the multidistrict online school does not intend to seek tuition costs, Sections 9.03(2)(d), 9.04(3), 9.05(2), 9.06(4) and 9.07(3) of these Rules do not apply. This subsection in no way relieves the administrative unit of attendance for the multidistrict online school from the obligation to provide a free appropriate public education to the children with disabilities attending the multidistrict online school. 9.03(2)(d)(iv) The provisions in Section 9.03(2)(d), 9.04(3), 9.05(2), 9.06(4) and 9.07(3) of these Rules do not apply to any online 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. 9.03(2)(f) Enrollment in Alternative Administrative Units Notwithstanding any provision of this Section 9.03 of these Rules to the contrary: 9.03(2)(f)(i) An alternative administrative unit shall not charge the previous district of residence tuition for the excess costs incurred in educating a child with a disability unless the child is placed by a multidisciplinary team pursuant to section 22–20–108(4), C.R.S., in the alternative administrative unit and the child meets the criteria for funding pursuant to section 22–20–114(1)(c)(II), C.R.S. The amount of tuition shall be established in a manner substantially similar to the process in Section 9.03(2)(b). 9.03(2)(f)(ii) If the parents of a child with a disability remove the child from enrollment in the alternative administrative unit after the annual count date to determine state funding for children with disabilities, the alternative administrative unit continues to be deemed the administrative unit of residence for that child for the remainder of the school year and may be required to pay the tuition charge for excess costs to the administrative unit of attendance that enrolls the child for the remainder of the school year. The amount of tuition shall be prorated as appropriate and shall be established in a manner substantially similar to the process in Section 9.03(2)(b). 9.03(2)(f)(iii) If a child with a disability who is enrolled in an alternative administrative unit is placed by an IEP team in an approved facility school or other private setting for special education purposes, the child with a disability continues to be enrolled in the alternative administrative unit (which is thus the district of residence for purpose of Section 9.03(2)(a) of these Rules) until: 9.03(2)(f)(iii)(A) The parents of the child with a disability initiate a change in enrollment that results in the child with a disability attending a school affiliated with a different administrative unit; 9.03(2)(f)(iii)(B) The child with a disability is no longer enrolled in the school of the alternative administrative unit because the child with a disability is no longer entitled by age to continue in the school of the alternative administrative unit, unless the child with a disability has reached the age of eighteen and qualifies for transition services and is enrolled in a school that offers high school; 9.03(2)(f)(iii)(C) The child with a disability is no longer enrolled in the school of the alternative administrative unit because the child with a disability is home-schooled or enrolled in a private school for general education purposes; or 9.03(2)(f)(iii)(D) The placement of the child with a disability in an approved facility school or other private setting for special education purposes ends and, subsequently, the enrollment of the child with a disability in the alternative administrative unit ends for any reason permitted by law. 9.03(2)(f)(iii)(E) Nothing in this rule 9.03(2)(f)(iii) modifies rule 9.03(2)(f)(i) and (ii).

9.04 SCHOOLS OF CHOICE NOTIFICATION REQUIREMENTS 9.04(1) Notice - Public Schools Of Choice That Are Not Charter Schools Or Multidistrict Online Schools The district of attendance shall provide written notice to the district of residence when a child is admitted 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: 9.04(1)(a) Applies to Enroll As required by federal law, the State Board interprets the term “applies to enroll” as used in Section 22-20-109, C.R.S., to refer the point at which this student is admitted, i.e., the district of attendance has offered a space to the child and the parent(s) has accepted the offer. 9.04(1)(b) Content of Notice 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 admission; and that the child has been identified as a child with a disability. 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. 9.04(1)(d) Timing The notice shall be sent within 15 calendar days after the occurrence of the following two 9.04(1)(d)(i) The child has is admitted in the district of attendance; and 9.04(1)(d)(ii) Upon exercising timely and due diligence, the school principal knows that the child is a child with a disability. 9.04(1)(e) Change in District of Residence If there is a change in the child’s district of residence, the same notification and timelines set forth in this 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 9.04(2) Notice - Charter Schools The charter school shall provide written notice to the district of residence when a child is admitted 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: 9.04(2)(a) Applies to Enroll As required by federal law, the State Board interprets the term “applies to enroll” as used in Section 22-20-109, C.R.S., to refer the point at which this student is admitted, i.e., the charter school has offered a space to the child and the parent(s) has accepted the offer. 9.04(2)(b) Content of Notice 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 admission; and that the child has been identified as a child with a disability. 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. 9.04(2)(d) Timing The notice shall be sent within 15 calendar days after the occurrence of the following two 9.04(2)(d)(i) The child has is admitted in the charter school; and 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. 9.04(2)(e) Change in District of Residence If there is a change in the child’s district of residence, the same notification and timelines set forth in this 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 9.04(3) NOTICE – Multidistrict Online Schools The multidistrict online school shall provide written notice to the district of residence when a child is admitted in the multidistrict online school and the multidistrict online school’s director knows that the child is a child with a disability. The specific requirements for the written notice are set forth below: 9.04(3)(a) Applies to Enroll As required by federal law, the State Board interprets the term “applies to enroll” as used in Section 22-20-109, C.R.S., to refer the point at which this student is admitted, i.e., the multidistrict online school has offered a space to the child and the parent(s) has accepted the offer. 9.04(3)(b) Content of Notice The written notice by the multidistrict online school director shall identify the child by name; date of birth; state assigned student identifier (SASID), if available; anticipated date of admission; and that the child has been identified as a child with a disability. 9.04(3)(c) Manner The notice shall be signed by the director of the multidistrict online school 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. 9.04(3)(d) Timing The notice shall be sent within 15 calendar days after the occurrence of the following two 9.04(3)(d)(i) The child has is admitted in the multidistrict online school, as defined in this Section; and 9.04(3)(d)(ii) Upon exercising timely and due diligence, the multidistrict online school director knows that the child is a child with a disability. 9.04(3)(e) Change in District of Residence If there is a change in the child’s district of residence the same notification and timelines set forth in this Section 9.04(3) must be followed. In addition, the multidistrict online 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.

9.05 CONTRACT FOR TUITION RESPONSIBILITY 9.05(1) Charter Schools (Including Multidistrict Online Schools that are Charter Schools) 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 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: 9.05(1)(a)(i) The name of the district of residence; 9.05(1)(a)(ii) The name of the administrative unit of residence, if different from the district of residence; 9.05(1)(a)(iii) The name of the charter school; 9.05(1)(a)(iv) The name of the chartering authority; 9.05(1)(a)(v) The name of the administrative unit of attendance, if different from the chartering authority; 9.05(1)(a)(vi) The name of the child; 9.05(1)(a)(vii) The child’s date of birth; 9.05(1)(a)(viii) The child’s address; 9.05(1)(a)(ix) The child’s primary disability; 9.05(1)(a)(x) Whether the child will be attending full-time or part-time; 9.05(1)(a)(xi) The 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; 9.05(1)(a)(xii) The number of school days (student contact days) covered by the contract; 9.05(1)(a)(xiii) The schedule for billing and payment, which should be on a monthly

basis; 9.05(1)(a)(xiv) A 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 multidistrict online school, this section shall not apply.

Instead, Section 9.05(2)(a)(xiii) shall apply. 9.05(1)(a)(xv) A 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; 9.05(1)(a)(xvi) A 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); 9.05(1)(a)(xvii) A 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 9.05(1)(a)(xviii) Signature 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. 9.05(1)(b) Additional Contract Elements for Children Enrolled in Charter School Multidistrict Online Schools If the charter school sponsors a multidistrict online school, 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: 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 9.05(1)(b)(ii) A statement identifying which entity (i.e., the charter school, the chartering school authority, the administrative unit of attendance, if different from the chartering authority, the administrative unit of residence or a third party) will deliver such services; 9.05(1)(b)(iii) If the parties agree that the administrative unit of residence will deliver 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; 9.05(1)(b)(iv) If the parties agree that the administrative unit of attendance will deliver 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; 9.05(1)(b)(v) A statement describing whether the costs of providing the speechlanguage 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; 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; and 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. 9.05(1)(c) Change in District of Residence 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 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 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 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. 9.05(1)(e) Contract Timelines 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. 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. 9.05(2) Multidistrict Online Schools (Excluding Charter Schools that Are Multidistrict Online Schools) 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 multidistrict online school intends to seek tuition costs. Likewise, if the multidistrict online school 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: 9.05(2)(a)(i) The name of the district of residence; 9.05(2)(a)(ii) The name of the administrative unit of residence, if different from the district of residence; 9.05(2)(a)(iii) The name of the multidistrict online school; 9.05(2)(a)(iv) The name of the sponsoring district(s) and/or the board of cooperative 9.05(2)(a)(v) The name of the child; 9.05(2)(a)(vi) The child’s date of birth; 9.05(2)(a)(vii) The child’s address; 9.05(2)(a)(viii) The child’s primary disability; 9.05(2)(a)(ix) Whether the child will be attending full-time or part-time; 9.05(2)(a)(x) The multidistrict online 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; 9.05(2)(a)(xi) The number of school days (student contact days) covered by the contract; 9.05(2)(a)(xii) The schedule for billing and payment, which should be on a monthly

basis; 9.05(2)(a)(xiii) A statement that when a child with a disability withdraws from the multidistrict online school, or is otherwise not attending the multidistrict online school, the multidistrict online school 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 multidistrict online school 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: 9.05(2)(a)(xiii)(A) The child is absent for 10 consecutive school days from the multidistrict online school’s regular education program; or 9.05(2)(a)(xiii)(B) The 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 9.05(2)(a)(xiii)(C) The 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. 9.05(2)(a)(xiv) A statement that the multidistrict online school will not bill the district of residence for unexcused absences in excess of the earliest occurrence of the circumstances defined above in Section 9.05(2)(a)(xiii); 9.05(2)(a)(xv) A statement that the multidistrict online school 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); 9.05(2)(a)(xvi) A 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 multidistrict online 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)(a) of these Rules; and 9.05(2)(a)(xvii) Signature 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. 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 multidistrict online school, 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. 9.05(2)(c) Additional Contract Elements for Contracts Involving Speech-language Instruction and/or Related Services.

The costs of direct speech-language instruction and related services shall not be included in the multidistrict online 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 tuition contract must contain the following additional elements: 9.05(2)(c)(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 as specified by the IEP; 9.05(2)(c)(ii) A statement identifying which entity (i.e., the administrative unit of attendance, the administrative unit of residence or a third party) will deliver such 9.05(2)(c)(iii) If the parties agree that the administrative unit of residence will deliver 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; 9.05(2)(c)(iv) If 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; 9.05(2)(c)(v) If the multidistrict online school 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 addon to the tuition cost rate approved by the State Board and an identification of what those costs will be; 9.05(2)(c)(vi) If the speech-language instruction and/or a related service are to be provided by the multidistrict online school 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 multidistrict online school or a third party contractor of the multidistrict online school, 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, and 9.05(2)(c)(vii) If 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 multidistrict online school’s tuition cost rate. 9.05(2)(d) Change in District of Residence If there is a change in the child’s district of residence the multidistrict online school must notify the new district of residence in accordance with Section 9.04(3) of these Rules.

The multidistrict online school must also enter into a tuition contract with the new district of residence in accordance with Section 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. 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. 9.05(2)(f) Contract Timelines 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 multidistrict online school is an appropriate placement for the child. 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.

9.06 DOCUMENTATION OF TUITION COSTS 9.06(1) Approved Facility Schools 9.06(1)(a) Starting the 2024-25 school year, tuition costs for approved facility schools will be structured in tiers. CDE will establish tiers (i.e., levels) for the purpose of tuition cost rates. CDE will annually make two designations: (1) assignment of each approved facility school to a tier; and (2) determination of a tuition cost rate for each tier. The tuition cost rate must be based primarily on special education staff salaries, special education staff employment benefits, and additional expenses for special education programming such as professional development, assessments, and specialized equipment. When determining annual tuition cost rates for each tier, CDE may consider previous tuition cost rates as well as actual costs incurred by approved facility schools to provide special education programming, as demonstrated by documentation submitted to CDE. 9.06(1)(b) Annually, approved facility schools must submit to CDE information about certain costs to provide special education programming, as requested on forms developed by CDE. At a minimum, CDE may collect information about the following: information about staff-to-student ratios; the number of school days that the approved facility school offers the program; special education expenditures as defined in section 2.00 of these rules; and other education costs. CDE may use the information collected to establish the tiered tuition cost rates. 9.06(1)(c) The State Board must annually review and approve CDE’s assignment of approved facility school tiers and determination of tuition cost rates for each tier. 9.06(1)(d) A percentage of the baseline funding amount, 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. 9.06(1)(e) In no instance shall the total revenues received by the approved facility school 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. In other words, the total revenue should not exceed the total actual costs. 9.06(1)(f) If an approved facility school believes it belongs in a different tuition rate tier than the tier designated by the Department of Education and approved by the State Board, the approved facility school may provide written notice to the Department of Education’s Office of Facility Schools explaining the basis for its request to be placed in a different tuition rate tier no later than 30 days from the State Board’s annual determination of tuition rate tiers. The Department of Education’s Office of Facility Schools will review the request for reconsideration and issue a written decision within 30 days of receipt of the request. 9.06(2) Charter Schools, Excluding Charter Schools That Are On-line Programs 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. 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. 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: 9.06(2)(b)(i) Special education expenditures defined in Section 2.00 of these Rules; 9.06(2)(b)(ii) The number of days in the school year during which the charter school offers the program; 9.06(2)(b)(iii) Expenditures for the regular education program, administration, personnel costs, business services, and occupancy; and 9.06(2)(b)(iv) The average number of children enrolled in the charter school, and the number of those children with disabilities. 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 authority and shall be reasonably consistent with the ratios of the chartering authority, for serving students with comparable 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. 9.06(2)(e) Tuition costs shall be determined after deducting applicable revenues, as defined in Section 9.01(1) of these Rules. 9.06(2)(f) If the charter school accepts a child for which it has not received PPR or per child preschool rate funding, the PPR or per child preschool rate amounts must still be included as an applicable revenue for purposes of establishing tuition costs. 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. 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. 9.06(2)(i) In no case shall regular education and other education costs exceed the per pupil revenue received by the charter school. 9.06(2)(j) A percentage of the per pupil revenue or per child preschool rate, 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. 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. 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. 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 9.01(1) of these Rules shall be deducted. 9.06(4) Multidistrict Online Schools, Including Charter Schools The provisions of this section apply only if the on-line program intends to seek tuition costs.

Likewise, if the multidistrict online school does not intend to seek tuition costs, it is not required to comply with this section. 9.06(4)(a) Annually, multidistrict online schools 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 multidistrict online 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. 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: 9.06(4)(b)(i) Special education expenditures defined in Section 2.00 of these Rules; 9.06(4)(b)(ii) The number of days in the school year during which the multidistrict online school offers the program; 9.06(4)(b)(iii) Expenditures for the regular education program, administration, personnel costs, occupancy, and business services; and 9.06(4)(b)(iv) The average number of children enrolled in the multidistrict online school, and the number of those children with disabilities. 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 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. 9.06(4)(e) Tuition costs shall be determined after deducting applicable revenues, as defined in Section 9.01(1) of these Rules. 9.06(4)(f) If the multidistrict online school 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. 9.06(4)(g) If the multidistrict online school provides an extended school year program for children with disabilities, a separate tuition rate form must be submitted for the program. 9.06(4)(h) In no case shall the total revenues received by the multidistrict online school 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. 9.06(4)(i) In no case shall regular education and other education costs exceed the per pupil revenue received by the multidistrict online school. 9.06(4)(j) A percentage of the per pupil revenue, as documented on the rate setting form for each multidistrict online school, shall be applied as revenue toward the special education costs submitted on the rate setting form by the program. 9.06(4)(k) Based on this information, the Department will recommend to the State Board of Education for approval, tuition rates for multidistrict online schools. 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.

9.07 PROCEDURES FOR RESOLVING DISAGREEMENTS

The following procedures shall be available for resolving disputes involving tuition charges: 9.07(1) School Districts 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: 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. 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. 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 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. 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. 9.07(1)(a)(v) Third Party Facilitation 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 9.07(1)(b) The dispute resolution procedure established in 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. 9.07(2) Charter Schools 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: 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 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. 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. 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. 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. 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. 9.07(2)(a)(vi) Third Party Facilitation 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 9.07(2)(b) The dispute resolution procedure established in 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. 9.07(3) Multidistrict Online Schools 9.07(3)(a) If a multidistrict online school 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 multidistrict online school, may seek a determination from the State Board in accordance with the following provisions: 9.07(3)(a)(i) If the district of attendance determines that the district of residence has not forwarded to the multidistrict online school the amount due 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. 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 multidistrict online school 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 multidistrict online school and/or the district of attendance completes said requirements. 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 multidistrict online school, the State Board shall direct the Department to review the terms of the tuition contract and other relevant information of the multidistrict online school, 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. The Department shall request from the district of residence, the district of attendance, and the multidistrict online 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, the district of attendance, and the multidistrict online school. 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 multidistrict online school. If the State Board finds that the district of residence improperly withheld any portion of the amount, the district of residence shall pay to the multidistrict online school, within thirty days after issuance of the decision, the amount improperly withheld. 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 multidistrict online 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 multidistrict online school. 9.07(3)(a)(v) Third Party Facilitation 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 9.07(3)(b) The dispute resolution procedure established in 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 multidistrict online school, or who otherwise has not been attending the multidistrict online school, or if the child’s residency, as defined in Section 22-20-107.5, C.R.S., has changed. 10.00 (reserved) 11.00 (reserved)

12.00 GIFTED AND TALENTED STUDENT PROGRAMMING

Administrative units shall implement gifted education student programs providing programming options and services for gifted children for at least the number of days calendared for the school year by each school district. 12.01 Definitions. 12.01(1) “Administrative Unit” or “AU” means a school district, a board of cooperative services, a charter school network, a charter school collaborative, 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 (see Rule 2.03 of these Rules). 12.01(2) “Advanced Learning Plan” or “ALP” means a written record of a gifted student’s strengths, academic and affective learning goals and the resulting programming utilized with each gifted child and considered in educational planning and decision making. 12.01(3) “Affective Development” means social and emotional programming intended to: 12.01(3)(a) assist gifted 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 students in developing and/or refining interpersonal skills. 12.01(4) “Annual Plan” means an AU’s comprehensive educational plan and annual proposed budget form that the AU submits to the Department pursuant to State Board rules. 12.01(5) “Aptitude” means abilities or behaviors that can be monitored, evaluated, or observed to determine potential or a level of performance in problem solving, reasoning, and other cognitive functions (e.g., memory, synthesis, creativity, speed in problem solving). Aptitude or general ability assessments predict potential in an area of giftedness and/or academic school success. 12.01(6) “Aptitude Test” means an ability test to determine potential or level of performance in problem solving, reasoning and other cognitive functions. Aptitude or ability tests predict potential in an area of giftedness and/or future academic school success. 12.01(7) “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(8) “Assessment” means methods, tools, and data collected as a body of evidence for use in the following gifted education processes: 12.01(8)(a) Identification and programming; 12.01(8)(b) Monitoring the gifted child’s performance and outcomes; and 12.01(8)(c) Program evaluation. 12.01(9) “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(10) “Competence” means documented performance, achievement, or test scores on standardized or locally normed test results. Screening procedures consider competence in the context of a defined range of student performance, as described herein, for purposes of recognizing gifted potential or identifying a talent pool for developing giftedness. 12.01(11) “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(12) “Early Access” means early entrance to kindergarten at age 4 or early entrance to first grade at age 5 for highly advanced gifted children who are placed in a grade level above other same aged peers based upon the following conditions: 12.01(12)(a) the student is formally identified as gifted as specified in 12.01(16); and 12.01(12)(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(13) “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(14) “Engagement” means the collaboration of families, schools, and communities as active partners in improving learner, classroom, school, district, and state outcomes. 12.01(15) “Evaluation” means evaluation procedures, methods, and tools used to initially identify a gifted child, assess and monitor the child’s progress, and evaluate the child and the gifted program. Evaluation includes, but need not be limited to: 12.01(15)(a) Identifying the child’s unique strengths, interests, and needs; 12.01(15)(b) Monitoring the child’s academic achievement and growth and affective goals; 12.01(15)(c) Identifying the priorities and concerns of the child’s family and resources to which the family and the child’s school have access; and 12.01(15)(d) Determining program strengths and areas for program improvement. 12.01(16) “Gifted Children” means those persons between the ages of four and twenty-one whose aptitude or competence in abilities, talents, and potential for accomplishment in one or more domains are so exceptional or developmentally advanced that they require special provisions to meet their educational programming needs. Gifted children are hereafter referred to as gifted students. Children under five who are gifted 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, ethnic, and 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(16)(a) General or Specific Intellectual Ability 12.01(16)(a)(i) 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(16)(a)(ii) Criteria Intellectual ability is demonstrated by advanced level on performance assessments or ninety-fifth percentile and above on standardized cognitive tests. 12.01(16)(b) Specific Academic Aptitude 12.01(16)(b)(i) Definition Specific academic aptitude is exceptional capability or potential 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(16)(b)(ii) Criteria Specific academic aptitude is demonstrated by advanced level on performance assessments or ninety-fifth percentile and above on standardized achievement tests. 12.01(16)(c) Creative or Productive Thinking 12.01(16)(c)(i) 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(16)(c)(ii) Criteria Creative or productive thinking is demonstrated by advanced level on performance assessments or ninety-fifth percentile and above on standardized tests of creative/critical skills or creativity/critical thinking. 12.01(16)(d) Leadership Abilities 12.01(16)(d)(i) 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(16)(d)(ii) Criteria Leadership is demonstrated by advanced level on performance assessments or ninety-fifth percentile and above on standardized leadership tests. 12.01(16)(e) Visual Arts, Performing Arts, Musical, Dance, or Psychomotor Abilities 12.01(16)(e)(i) Definition Visual arts, performing arts, musical, dance 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(16)(e)(ii) Criteria Visual arts, performing arts, musical, dance or psychomotor abilities are demonstrated by advanced level on performance talent-assessments or ninetyfifth percentile and above on standardized talent-tests. 12.01(17) “Gifted Education Services” or “Gifted Education Programs” means the services, delivery model and programs provided to gifted students pursuant to these Rules. “Gifted education services” and “gifted education programs” include, but need not be limited to, strategies, programming options, and interventions reflecting evidence-based practices, such as acceleration, concurrent enrollment, differentiated instruction, and affective guidance. 12.01(18) “Highly Advanced Gifted Child” means a gifted child whose body of evidence demonstrates a profile of exceptional ability or potential compared to same-age gifted children. To meet the needs of highly advanced development, early access to educational services may be considered as a special provision. For purposes of early access into kindergarten or first grade, the highly advanced gifted child exhibits exceptional ability and potential for accomplishment in cognitive process and academic areas. 12.01(19) “Parent” for purposes of this Rule 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(20) “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 for juried performance. 12.01(21) “Portability” means that a student’s state-approved identification in one or more categories of giftedness transfers to any district in the state. Gifted programming must continue according to the receiving district’s programming options. Portability of identification is a part of the student’s permanent record and advanced learning plan. 12.01(22) “Pre-Collegiate” means a variety of programs to help students plan for college, identify scholarship opportunities, and provide assistance with the application process for selected postsecondary options. Programs may be offered through middle and high schools, colleges and universities or community organizations and businesses. 12.01(23) “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(24) “Program Elements” means components of a comprehensive program plan, which include, but need not be limited to, definition, communication, identification, programming, personnel, accountability, reporting, record keeping, and resolution of disagreements. 12.01(25) “Program Plan” means a comprehensive and complete narrative of program elements, including, but need not be limited to: 12.01(25)(a) Procedures and criteria the AU will use for identification; 12.01(25)(b) Programming options for each category of giftedness that the AU will implement in the gifted program; and 12.01(25)(c) Actions and tools for the academic achievement of gifted children, and for evaluating the gifted program, which actions and tools are aligned with state accountability and program evaluations. 12.01(26) “Qualified Personnel” or “Qualified Person” means a licensed, content endorsed educator who also has an endorsement or higher degree in gifted education; or who is working toward an endorsement or higher degree in gifted education. 12.01(27) “Screening” means an assessment method that uses a tool(s) to determine if the resulting data provides evidence of exceptional potential in an area of giftedness. Screening tools may be qualitative or quantitative in nature, standardized and/or normative. Screening data are one component in a body of evidence for making identification and instructional decisions. 12.01(28) “Special Educational Services” or “Special Educational Programs” means the services or programs provided to exceptional children including children with disabilities and gifted students. 12.01(29) “Special Provisions” means the programming options, strategies and services necessary to implement the gifted student’s ALP. 12.01(30) “Twice Exceptional” means a student who is: 12.01(30)(a) Identified as a gifted student pursuant to Section 12.01(9) of these Rules; and 12.01(30)(b)(1) Identified as a child with a disability pursuant to Section 4.02 of these Rules; or 12.01(30)(b)(2) A qualified individual pursuant to Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. §794. 12.01(31) “Universal Screening”, for purposes of Section 22-20-202, C.R.S., means the systematic assessment of all students within a grade level of an AU or district for identifying students with exceptional ability or potential, especially students from traditionally underrepresented populations; and/or screening in conjunction with creation of each student’s individual career and academic plan (ICAP). 12.02 Administrative Unit Gifted Education Program Plan 12.02(1) Annual Plan Administrative units shall submit to the Department an annual plan that is a gifted education UIP addendum. In multi-district AUs or BOCES, member districts submit the UIP addendum. Multidistrict AUs and BOCES submit a summary for improving gifted student performance that includes annual assurances and a proposed budget for the forthcoming fiscal year. For charter networks and charter school collaboratives, the UIP addendum shall be submitted with each participating school’s UIP.

The annual plan shall be integrated with a district’s accountability UIP timelines. The UIP gifted education addendum, as the annual plan, shall include an action plan to meet designated targets.

An AU shall submit an annual plan before receiving AU gifted education funds. Exception to this annual plan is for small rural districts that function on a bi-annual unified improvement plan submission. (C.R.S. 22-11-303(4)(b)) 12.02(2) Comprehensive Plan Administrative units shall submit to the Department a comprehensive gifted education program plan on a multiple-year cycle as declared by the Department, such cycle to be no longer than 5 years. The program plan shall be implemented by all constituent schools and districts of the AU.

The filing of the program plan shall include a proposed program plan budget. Plans shall be filed by April 15 of the fiscal year prior to the funding year. The Department will review all program plans for completeness. An AU’s program plan shall be deemed complete if it addresses all elements specified in Section 12.02(2)(a) through 12.02(2)(l) of these Rules. A program plan for the education of gifted students submitted to the Department for funding purposes and program description shall contain the following elements: 12.02(2)(a) Procedures for Parent, Family, and Student Engagement and Communication 12.02(2)(a)(i) The program plan shall describe how the AU implements parent, family, and student engagement and communication with regard to gifted education programs that include, but are not limited to: how parents are informed about access to identification procedures; ways to educate parents and families about giftedness or parenting gifted students; information about involvement and progress reporting; what programming options are available to match student strengths and challenges; information about concurrent enrollment; how to be involved in college and career planning; primary languages in the AU, and ways parents and families may participate in the school community. 12.02(2)(a)(ii) In multi-district AUs and BOCES, methods of engagement and communication may vary based upon individual district procedures, but each district must have a plan for parent, family, and student communication and engagement. 12.02(2)(b) Definition of “Gifted Student”

The program plan shall include a written definition that is the same as or substantially similar to the definition of “gifted student” specified in section 12.01(16) of these Rules.

This definition shall serve as the basis for the implementation of all other program plan elements described below. 12.02(2)(c) Identification Procedures The program plan shall describe the assessment process used by the AU for identifying students who meet the definition specified in section 12.01(16) and for identifying the educational needs of 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 planning and programming. In traditionally underrepresented student groups and visual/music/performing arts student groups or talent pools, identification may require the collection of student information over time, using additional data points from a response to intervention approach, or additional assessment. The AU identification procedures shall include, but need not be limited to: 12.02(2)(c)(i) A method(s) to ensure equal and equitable access for all students. The program plan shall describe the efforts that the AU will make to identify gifted students from all populations, including preschool (if applicable) through twelfth grade students, minority students, economically diverse students, culturally diverse students, students with limited English proficiency and children with disabilities; 12.02(2)(c)(ii) Referral procedures that seek referrals from a variety of sources, and screening procedures used for conducting identification assessment. Every AU is strongly encouraged to include optional universal screening in identification procedures; 12.02(2)(c)(iii) A time line of no more than 30 school days after a referral to determine whether a student will continue with formal identification assessment, or will receive talent pool designation; 12.02(2)(c)(iv) Implementation of assessments that align with the purpose of identifying exceptionality in the categories of giftedness, and in traditionally underrepresented populations. The AU may choose local assessment tools from the Department’s chart of common and varied assessment tools used in identification; 12.02(2)(c)(v) Collection of data for a body of evidence that includes, but is not limited to: assessment results from multiple sources and multiple types of data (i.e. qualitative and quantitative data about achievement, cognitive ability, performance, parent and teacher input, motivation and observations of gifted characteristics/behaviors). The body of evidence contains data to identify the strength area defined in the definition of gifted children and determine appropriate programming services. These same categories are used in data collection and for developing the ALP; 12.02(2)(c)(vi) A review team procedure; and that includes at least one person trained or endorsed in gifted identification and programming; 12.02(2)(c)(vii) A review team procedure for determining identification or a talent pool designation from a body of evidence and for developing individualized ALPs for identified students. When only cognitive ability assessment data meets criteria in a body of evidence, the review team may determine that the student is identified with general or specific intellectual ability. This identification meets the condition of portability; 12.02(2)(c)(viii) A determination letter for parents and school files describing the decision of the review team, and area(s) of giftedness if the student is found to have exceptional abilities; and 12.02(2)(c)(ix) A communication procedure by which parents are made aware of the identification assessment process for their student, understand the results of the determination, and engage in the development and review of the student’s ALP. 12.02(2)(d) Criteria for Determining Exceptional Ability (Giftedness) or Talent Pool 12.02(2)(d)(i) For each category of giftedness defined in 12.01(16), criteria for exceptional ability means: 95 percentile or above on a standardized nationally normed test or observation tool, or a rating on a performance assessment that indicates exceptionality/distinguished compared to age mates. 12.02(2)(d)(ii) Not meeting criteria on a single assessment tool shall not prevent further data collection or consideration for identification, if other indicators suggest exceptional potential as observed in a body of evidence. 12.02(2)(d)(iii) Criteria for screening assessments is a score range less than the 95 percentile ranking or results on observation/performance assessment tools as determined by the AU to determine referrals, further data collection and observation, and/or formation of student talent pools. 12.02(2)(e) Identification Portability Identification portability shall be based upon AU implementation of statewide identification procedures required in Section 12.02(2)(c) and use of criteria set for exceptionality in

Section 12.02(2)(d) and determination of a student’s identification in one or more of the categories of giftedness as described in the state definition of gifted children in Section 12.01(16). Administrative units shall implement procedures for statewide portability of identification that include, but may not be limited to: 12.02(2)(e)(i) A requirement that the sending school/district transfer the body of evidence for identification and the ALP with student records when the student moves from one district to another; 12.02(2)(e)(ii) Review of the transferred student’s ALP within 45 school days of start date to determine programming options and services that serve the identified area(s) according to the district and community resources of the receiving district; 12.02(2)(e)(iii) If the receiving district finds the body of evidence to be incomplete, the receiving district shall consult with, as practical, the former district, parents, and student and re-evaluate the identification determination; and 12.02(2)(e)(iv) Communication to parents within 60 school days of start date about how the new district will meet the needs outlined in the student’s ALP. 12.02(2)(f) Advanced Learning Plan Content The AU shall develop an ALP for every gifted student according to the student’s determined area(s) of giftedness, interests, and instructional and affective needs. The ALP shall be considered in educational planning toward post-secondary readiness outcomes and decision-making concerning subsequent programming for that student and be used in the articulation/transition process, preschool (if applicable) through grade 12.

At the high school level ALPs may blend with the student’s individualized career and academic plan (ICAP) if all content of the ALP are inclusive in the ICAP which includes achievement and affective goals. The ALP content shall include, but not be limited to: 12.02(2)(f)(i) A student profile described in a body of evidence. This profile shall be subject to the AU’s student records confidentiality guidelines. The local AU determines periodic updates of the student profile, especially in terms of interests, and/or demonstration of previously unidentified strengths; 12.02(2)(f)(ii) A working-document section of the ALP. This portion of the ALP records annual measurable, attainable achievement and affective goals and progress.

Achievement goals are standards-based statements in strength area(s).

Additional achievement goals may be needed to address documented achievement gaps or career interest. Affective goals reflect development of personal, social, communication, leadership, and/or cultural competency; 12.02(2)(f)(iii) Description or delineation of supplemental curriculum, activities, specific programs or coursework, specific strategies, and/or extended or expanded learning opportunities available in the AU that match a student’s strength area(s) and support the goals; 12.02(2)(f)(iv) Progress reports that align with the AU’s or member district’s schedule for parent-reporting and/or conferences about student progress. Adjustments to goals and programming options may occur during any progress reporting period; 12.02(2)(f)(v) Personnel involved in ALP development, and in progress report meetings or conferences, including, but not limited to classroom teacher(s), student, parents, gifted education staff or staff with training in gifted education identification and programming, and support staff as appropriate. 12.02(2)(g) ALP Procedures and Responsibilities The AU shall have procedures for developing ALPs that include, but need not be limited to: 12.02(2)(g)(i) Notification of ALP development and times in the school year when parents, teachers and the student talk about student academic and affective goal progress; 12.02(2)(g)(ii) Personnel assigned with the responsibility for development and monitoring. At minimum the student’s parents and classroom teachers should be familiar with and support ALP goals, and/or write ALP measurable goals according to local procedures. Gifted education resource personnel may assist in the writing of goals, but may not be the sole custodian of the ALP. Goals are written and aligned with classroom tiered instruction and expanded learning opportunities for supplemental or intensive programming; 12.02(2)(g)(iii) A method to develop student awareness and active participation in the ALP process; 12.02(2)(g)(iv) A process for management of ALPs within the cumulative file system including a procedure for transferring ALPs between grade levels, school levels, and districts. It is highly encouraged that ALPs are written by those working with the gifted student and that the ALP is an ongoing plan for coursework, tiered instruction, and increasing performance in the student’s area of strength. ALP goals should be written or reviewed for current relevancy to teachers and students at the beginning of the school year; 12.02(2)(g)(v) An ALP progress reporting timeline. The review of progress integrates with ongoing conference or reporting periods of the district. It is highly encouraged that ALPs be student-led at the secondary level; and 12.02(2)(g)(vi) A system to show evidence of parent engagement and input in ALP development and in the review of progress. Evidence may include, but is not limited to: signature, electronic signature or checkbox of involvement, checklist, or other assurance supporting the student’s growth. If after 3 documented attempts to contact the parents for signature, no parental signature is obtained, school personnel shall continue with ALP implementation and continue to engage parents in the process. 12.02(2)(h) Programming 12.02(2)(h)(i) The program plan shall describe the programming components, options, and strategies that will be implemented by the AU and schools to appropriately address the educational needs of gifted students. Programming shall match the academic strengths and interests of the gifted student. Other educational or affective needs shall be addressed according to the individual student’s profile.

Programming components, options, and strategies shall include, but need not be limited to: 12.02(2)(h)(i)(A) Alignment of the gifted student’s assessment data and ALP goals to programming options in the areas of giftedness; 12.02(2)(h)(i)(B) Structures or type of delivery by which gifted students are served at the different school levels (e.g., the general classroom, resource location, small instructional group, and/or pullout for direct and extended instruction aligned to strength area); 12.02(2)(h)(i)(C) Support in differentiated instruction and methods (e.g., acceleration, cluster grouping and higher order thinking skills); 12.02(2)(h)(i)(D) Affective and guidance support systems (e.g., social skills training, early college and career planning); 12.02(2)(h)(i)(E) Diverse content options provided for gifted students in their areas of strength (e.g., mentorship, Socratic seminars, advanced math, honors courses); 12.02(2)(h)(i)(F) The means by which articulation for preschool (if applicable) through grade 12 is planned and implemented; 12.02(2)(h)(i)(G) Pre-collegiate and/or pre-advanced placement support; 12.02(2)(h)(i)(H) ALP development and reviews conducted through the collaborative efforts of the teacher(s), other school personnel (as needed), parents and the student (as appropriate); and 12.02(2)(h)(i)(I) Post-secondary options available to gifted students. 12.02(2)(h)(i)(J) Concurrent enrollment opportunities, if indicated by a gifted child’s ALP or ICAP. To be considered in an ALP, the AU shall consider the student’s need for appropriate concurrent enrollment, available options, funding, and requirement for administrative approval. 12.02(2)(h)(ii) Students identified with exceptional ability require provisions to develop the areas of strength over time. When underachievement and/or motivational issues are observed behaviors in a gifted student, the ALP team, child study team, or review team shall problem solve in collaboration with the family, the student, and appropriate staff. 12.02(2)(i) Evaluation and Accountability Procedures The comprehensive program plan shall describe the AU’s procedures for evaluation and accountability including, but not limited to: 12.02(2)(i)(i) Unified improvement plan addendum methods by which gifted student performance is monitored and measured for continual learning progress and how such methods align with the state accreditation process (e.g., annual UIP gifted education addendum, multi-district/BOCES summary, intervention progress monitoring data sources, ALP goals, and performance, district, and/or state assessment data). These methods include UIP elements such as annual gifted student performance target(s) and an action plan to meet the target(s) and a timeline to report on progress toward targets; 12.02(2)(i)(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); 12.02(2)(i)(iii) Methods for ensuring that gifted student performance (achievement and growth) and reporting are consistent with state accreditation and accountability requirements (i.e., disaggregation of state assessment data for gifted students, identification of discrepancies in the data, goal setting and demonstration of achievement and growth); and 12.02(2)(i)(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); 12.02(2)(i)(v) Methods by which parents, educators, and other required persons are informed about the methods described in 12.02(2)(i)(i-iv) above. 12.02(2)(j) Personnel 12.02(2)(j)(i) The program plan shall describe the personnel who provide instruction, counseling, coordination and other programming for gifted students. Personnel shall be knowledgeable in the characteristics, differentiated instructional methods and competencies in the special education of gifted students. Qualified personnel with endorsement or an advanced degree in gifted education are preferred in specific programs and classrooms consisting of mainly gifted students. Beginning with the 2010-2011 school year, every AU shall employ or contract with a person who is responsible for: 12.02(2)(j)(i)(A) Management of the program plan; and 12.02(2)(j)(i)(B) Professional development activities, the purposes of which are: 12.02(2)(j)(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(2)(j)(i)(B)(II) To increase, to the extent practicable, the number of qualified personnel providing instruction to gifted students. 12.02(2)(j)(ii) The AU shall make good faith effort to hire and retain on at least a halftime basis one qualified person to administer and monitor the implementation of the AU’s gifted program. 12.02(2)(j)(iii) Administrative units should consider employing sufficient personnel for ALP writing and monitoring, and differentiated instruction for gifted students. 12.02(2)(j)(iv) Administrative units should collaborate with universities and colleges for the development of qualified personnel. 12.02(2)(j)(v) Personnel responsible for the instruction and learning of gifted students in core academic areas must meet the teacher qualification requirements under federal law. 12.02(2)(j)(vi) 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(2)(j)(vii) The program plan shall also indicate the content of and means by which the AU supports the acquisition and/or improvement of the knowledge and competencies of personnel through appropriate professional development relating to the instruction, programming and counseling for gifted students. (e.g., induction and in-service programs, job-embedded training and coaching, gifted education workshops or institutes and college coursework). 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). 12.02(2)(k) Budget 12.02(2)(k)(i) The AU shall include in the annual plan a budget for gifted education which reflects the collaborative efforts of the AU and cost of implementing the program elements and the student goals stated in the annual comprehensive program plan. The budget shall detail the funding committed by the AU and funding requested from the Department. Funding committed by the AU shall be an amount determined by the AU to contribute towards the AU’s gifted student education program described in the AU’s program plan. Funds requested from the Department may be used for: 12.02(2)(k)(i)(A) Salaries for appropriately licensed and endorsed personnel primarily serving gifted students (e.g., gifted education directors, coordinators, resource teachers, counselors and teachers of gifted classrooms); 12.02(2)(k)(i)(B) Professional development and training relating to gifted education; 12.02(2)(k)(i)(C) Programming options and school counseling or affective guidance specific to gifted students and their ALPs ; 12.02(2)(k)(i)(D) Materials used in instructional programming for gifted education; 12.02(2)(k)(i)(E) Administrative costs (classified or grant fiscal staff), technology, and equipment necessary for the education of gifted students up to ten percent for any one of these limited expenditures, and, not to collectively exceed twenty percent of the total amount requested from the Department. 12.02(2)(k)(ii) Administrative units may contract with other AUs to establish and maintain gifted student programs (e.g., art, music, online coursework, and counseling) for the education of gifted children, sharing costs of student programing in accordance with terms of a contract. This action is optional based upon available AU resources, and subject to AU discretion. An AU with less than six children who need a particular program may purchase services from one or more AUs that provide the appropriate gifted education program for individual or groups of gifted students. Gifted education personnel in these AUs shall collaborate on the content and monitoring of such contracts. 12.02(2)(l) Early Access If early access is permitted in the AU, an AU shall include in its program plan provisions to identify and serve highly advanced gifted children pursuant to Section 12.08 of these Rules. Constituent schools or districts within the AU shall abide by the requirements established in the program plan. 12.03 Reports Administrative units shall submit to the Department an end-of-year report for the prior fiscal year, including: 12.03(1) A detailed report of financial income and expenditures; 12.03(2) The number of formally identified gifted students served through gifted 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) Free and reduced lunch; 12.03(2)(d) Area(s) of giftedness; 12.03(2)(e) Twice exceptionality; and 12.03(2)(f) Gifted preschoolers served through early entrance per local policies and procedures, if applicable; 12.03(3) The percent of students in the AU who have been identified as gifted and talented through a formal identification procedure; 12.03(4) Qualified personnel by school level, district resource personnel and central administration; 12.03(5) The types of programming strategies utilized most commonly at each school level to address the needs of gifted students reported by: 12.03(5)(a) Programming options for each area of giftedness as specified in 12.01(16) of these Rules; 12.03(5)(b) Methods of articulation through the grades; and 12.03(5)(c) Methods and tools used in accountability to monitor gifted student achievement and commensurate growth related to the implementation of the programming components; and 12.03(6) 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. 12.04 Audits All programs receiving funding under the provisions of the Exceptional Children’s Educational Act are subject to monitoring by the Department as is more fully described in Section 12.07 of these Rules. 12.05 Record Keeping Administrative units shall have the following record keeping and reporting responsibilities: 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. 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. 12.05(3) Student Education Records The ALP documents shall be part of the student’s cumulative education record. 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 AU shall be held to be confidential and protected in accordance with applicable federal and state laws and regulations. Student records that are collected and/or stored electronically shall be held to current state law and FERPA regulations governing the protection of personally identifiable information and the privacy interests of students. 12.05(5) Maintenance and Destruction of Student Education Records Gifted student education records and ALPs shall be maintained, retained and destroyed consistent with the ongoing system of student record keeping established in the AU, including its member districts or the Charter School Institute for student records, preschool (if applicable) through grade 12. 12.06 Procedures for Disagreements The program plan shall describe procedures for resolving disagreements with parents/guardians, or students in regard to identification, programming, and ALPs. The procedures for resolving disagreements shall include, but need not be limited to: a method for the aggrieved individual to express issues and concerns; a means to discuss disagreements in a timely manner with personnel designated by the district with authority to resolve the disagreement. The procedures shall afford the aggrieved individual notice of the decision giving rise to the dispute and an opportunity to be heard before the decision is implemented.

The procedures must be posted for ease of access by stakeholders. 12.07 Monitoring 12.07(1) Each AU 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 AU 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 12.07(4) Monitoring activities shall include: 12.07(4)(a) A review of the annual and comprehensive program plans; 12.07(4)(b) A review of the annual enrollment and student performance reports; 12.07(4)(c) A planned comprehensive on-site procedure integrated with the continuous improvement and gifted education review 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. 12.08 Early Access 12.08(1) General Provisions 12.08(1)(a) Early access shall be provided by the AU to identify and serve highly advanced gifted children who are: 12.08(1)(a)(i) Four years of age and for whom early access to kindergarten is deemed appropriate by the AU; and 12.08(1)(a)(ii) Five years of age and for whom early access to first grade is deemed appropriate by the AU. 12.08(1)(b) If the AU permits early access, early access provisions shall be included in its early childhood and gifted instructional programs, and the AU shall expand access to kindergarten through grade one for students deemed appropriate for early access. 12.08(1)(c) Early access shall not be an acceleration pattern recommended for the majority of age 4 or age 5 gifted children who will benefit from preschool gifted programming that responds to the strength area. The purpose of early access is to identify and serve the few highly advanced gifted children who require comprehensive academic acceleration. 12.08(1)(d) When an AU permits early access, its program plan shall describe the elements of an early access process and how those elements, criteria and components will be implemented. Determinations made by the AU shall be made after consideration of criteria required by Section 12.08(2)(d) of these Rules. 12.08(1)(e) In 2008, an AU may submit an early access addendum to its program plan by September 10, 2008. Thereafter, AUs shall submit an addendum for early access by January 1 preceding the initial school year in which early access will be permitted, thus early access assessment may occur after the addendum is approved by the Department. 12.08(2) Elements of an Early Access Process An early access process shall include the following elements: 12.08(2)(a) Communication The AU shall communicate with parents, educators and community members as specified in Section 12.02(1)(a) of these Rules. Early access communication is: 12.08(2)(a)(i) Information about the criteria and process for identifying a highly advanced gifted child for whom early access is deemed appropriate, time frames, portfolio referral, deadlines, specific tests and threshold scores used to make final determinations concerning such a student; 12.08(2)(a)(ii) Professional development of educators, or other means to increase the understanding of a highly advanced gifted child and the educational needs of such a student; 12.08(2)(a)(iii) A method for collaborative efforts among preschool, general and gifted education personnel and parents; and 12.08(2)(a)(iv) An advanced learning plan for the highly advanced gifted child determined appropriate for early access. 12.08(2)(b) Optional Fee Condition 12.08(2)(b)(i) The AU may charge parents a reasonable fee for assessment and other procedures performed for the purpose of identifying a highly advanced gifted child and making determinations for early access. The AU shall describe the fee related to the implementation of the referral, testing and/or decision making processes. 12.08(2)(b)(ii) No charge shall be assessed if the child who is the subject of such assessments is eligible for a reduced-cost meal or free meal pursuant to the federal “National School Lunch Act”, 42 U.S.C. §1751,et seq. 12.08(2)(b)(iii) When evaluating the need for fees, the AU will: 12.08(2)(b)(iii)(A) Integrate the costs of assessment and decision making into the ongoing general instructional and assessment practices conducted by early childhood and gifted education personnel to the maximum extent possible; 12.08(2)(b)(iii)(B) Take into account the economic circumstances of the community and applicant’s family; and 12.08(2)(b)(iii)(C) Consider test results within three months of application from outside licensed professionals paid by the parent. 12.08(2)(c) Funding and Reporting Administrative units that permit early access shall receive funding from the state education fund created in Article IX, Section 17(4) of the Colorado Constitution. To receive funding the AU shall abide by the Rules in this Section 12.08, and: 12.08(2)(c)(i) Support integration of early access in early childhood and gifted programming; 12.08(2)(c)(ii) Report age four gifted children provided early access using date of birth, grade level placement and gifted student designations on the October Enrollment Count and the End-of-Year Report; and 12.08(2)(c)(iii) Report age five gifted children provided early access using date of birth, grade level placement and gifted student designations on the October Enrollment Count and the End-of-Year Report. 12.08(2)(d) Criteria for Early Access The AU shall evaluate a child referred by the parent for early access using the following criteria. The evaluation will lead to a student profile of strengths, performance, readiness, needs and interests, and a determination of appropriate placement. All criteria must be considered in making the determination – test scores alone do not meet the standards of a determination. 12.08(2)(d)(i) Aptitude 12.08(2)(d)(i)(A) Aptitude supporting early access is indicated by a highly advanced level of performance compared to age-peers on cognitive abilities rating scales or 97th percentile and above on standardized cognitive ability tests. Every child with a score above 97th percentile may not benefit from early access to kindergarten or first grade. 12.08(2)(d)(i)(B) The AU shall describe the method(s) and the developmentally appropriate tools for assessment that will be used to determine potential in general cognitive abilities and school success (e.g., individualized ability test, such as the Wechsler Preschool and Primary Scale of Intelligence or Woodcock Johnson Cognitive Ability Scale, or Kaufman Brief Intelligence Test). 12.08(2)(d)(ii) Achievement 12.08(2)(d)(ii)(A) Achievement supporting early access is indicated by a highly advanced level of performance compared to age-peers on achievement rating scales, performance assessment, or 97th percentile and above on standardized achievement tests. Typically, early access children function two or more years above their age peers. 12.08(2)(d)(ii)(B) The AU shall describe the method(s) and tools for assessment that will be used to determine knowledge and skills in reading, writing and mathematics (e.g., curriculum-based assessment, above-level testing, and individualized achievement tests, such as the test of early math ability/reading ability, Woodcock Johnson III Tests of achievement, or Iowa Tests of basic skills). 12.08(2)(d)(iii) Performance 12.08(2)(d)(iii)(A) Performance supporting early access is indicated by work samples and informal teacher and/or parent data indicating demonstrated ability above age peers. 12.08(2)(d)(iii)(B) The AU shall describe the method(s) and tools for assessment that will be used to determine actual demonstration of the student’s work (e.g., work samples, independent reading, advanced vocabulary, observational data). 12.08(2)(d)(iv) Readiness, Social Behavior and Motivation 12.08(2)(d)(iv)(A) Readiness, social behavior and motivation for early access are determined by the child’s ability to demonstrate the indicators deemed necessary for kindergarten or first grade by the district’s standards or national standards (e.g., district readiness checklist, normed-checklists and rating scales, such as the California Preschool Competency Scale or the Preschool/Kindergarten Behavioral and Social Scale or Bracken School Readiness). 12.08(2)(d)(iv)(B) The AU shall describe the method(s) and tools for evaluation that will be used to determine a child’s readiness for kindergarten or first grade, social maturity, and eagerness to learn. 12.08(2)(d)(v) Support Systems 12.08(2)(d)(v)(A) The AU shall define and implement a support system to assist in a child’s success in and transition through early access by evidence of: 12.08(2)(d)(v)(A)(I) A letter of determination of the early access decision signed by the parent, gifted education staff, early childhood staff, the receiving teacher and building administrator indicating recognition and support of the child’s placement (determination letters will be placed in the child’s cumulative file); 12.08(2)(d)(v)(A)(II) A transition goal in the child’s advanced learning plan for the first year of early access; 12.08(2)(d)(v)(A)(III) Methods of communication with the student about school success; and 12.08(2)(d)(v)(A)(IV) Methods for parent-teacher communication. 12.08(2)(d)(v)(B) The AU will describe how parents, teachers, school administrators and the learning environment will contribute to a positive support system. 12.08(2)(e) Process for Early Access The AU shall establish a collaborative process among parents, preschool, general and gifted educators and school administration for evaluating early access referrals. The process implemented shall include the following components: 12.08(2)(e)(i) Timelines 12.08(2)(e)(i)(A) Applications for early access are due by April 1 for the next school year. Each AU shall declare when it will begin accepting applications. 12.08(2)(e)(i)(B) Determinations shall be made within 60 calendar days of the AU receiving the child’s portfolio submitted by the child’s parent in accordance with Section 12.08(2)(e)(iii)(A) of these Rules. 12.08(2)(e)(i)(C) For referrals received after April 1, the AU may, at its discretion, consider the child’s information, provided the determination is made by September 1 or by the start of the upcoming school year, whichever is earlier. 12.08(2)(e)(i)(D) A student shall be age 4 by October 1 for kindergarten; and, age 5 by October 1 for first grade. 12.08(2)(e)(ii) Personnel The AU shall identify personnel at the AU, district, and/or school level who will be involved in the early access process based on the following list. Designated personnel may serve in multiple capacities during the early access process. 12.08(2)(e)(ii)(A) A person designated to collect portfolio referrals; 12.08(2)(e)(ii)(B) Educators designated to collect data used in a body of evidence including the test examiner(s), early childhood teacher(s), a gifted education resource person, and others as identified by the AU (e.g., a performance assessment team, principal); 12.08(2)(e)(ii)(C) A determination team consisting of an AU level or school level gifted education resource person, a teacher in early childhood, and others as identified by the AU (e.g., principal, psychologist, counselor, parent); 12.08(2)(e)(ii)(D) A support team during transition including the receiving teacher and school administrator, parents, and gifted education/early childhood personnel; and 12.08(2)(e)(ii)(E) Other persons helpful in collecting data or making determinations, including the person who assisted in developing the screening portfolio. 12.08(2)(e)(iii) Evaluation The AU shall describe the implementation steps for early access evaluation. The steps shall include, but not be limited to: 12.08(2)(e)(iii)(A) Screening Portfolio Parents are responsible for collecting the information required for an early access portfolio application, and for submitting the portfolio to the appropriate AU personnel. The AU must describe the requirements for an application portfolio that shall include: 12.08(2)(e)(iii)(A)(I) Applicant contact information; 12.08(2)(e)(iii)(A)(II) A screening tool completed, individually, by the parent and the child’s current teacher; or, if the child is not in school, by the parent and another adult who knows the child from other early childhood experiences (developmentally appropriate screening tools are district-developed tools and/or standardized tools, like the Gifted Rating Scales for Preschool and Kindergarten or the Kingore Observation Scale); and 12.08(2)(e)(iii)(A)(III) Information about the performance of the child that provides evidence of a need for early access evaluation (e.g., work samples, data from the child’s current teacher or an adult from early childhood experiences, or indicators of early access readiness factors). 12.08(2)(e)(iii)(B) Referral The AU shall designate the gifted education director/coordinator, principal, or other qualified person, to accept the referral portfolio provided by the parent, and make an initial decision as to whether early access assessment should continue. 12.08(2)(e)(iii)(C) Testing and a Body of Evidence The AU shall conduct the necessary tests and collect student information, including test results accepted pursuant to Section 12.08(2)(b)(iii)(C) of these Rules, regarding the criteria and factors for early access outlined in Section 12.08(2)(d) of these Rules. The body of evidence is complete if data regarding all criteria, and other considerations deemed necessary by the AU, are compiled for data analysis and decision making. 12.08(2)(e)(iii)(D) Decision Making 12.08(2)(e)(iii)(D)(I) Early access decisions will be a consensus process within the determination team that analyzes multiple criteria from a body of evidence resulting in a student profile of strengths, needs and interests of the child. Test scores alone will not determine early access. If the team cannot reach consensus, the building principal or the gifted education director/coordinator shall make the final decision in accordance with the AU’s early access program plan. 12.08(2)(e)(iii)(D)(II) A determination letter will be signed by members of the determination team and the parent; and, forwarded for signature of the receiving teacher and principal if they are not on the determination team. Parents may accept or decline the offer of early access. When a child is deemed appropriate for early access, an advanced learning plan (ALP) shall be developed according to the AU’s procedures, but no later than the end of the first month after the start of school. The ALP shall include academic and transition goals. 12.08(2)(e)(iii)(D)(III) If the determination team finds the child gifted, but does not find that the child meets the criteria for early access, the team will provide the child’s school with the child’s assessment portfolio for serving the area of exceptionality in the child’s public preschool or public kindergarten program. 12.08(2)(e)(iii)(D)(IV) If the student transfers during the first year of an early access placement the new AU shall maintain the placement. 12.08(2)(e)(iv) Monitoring of Student Performance The student’s teacher shall monitor student performance at least every five weeks during the student’s first year of early access. The monitoring process shall be based on the advanced learning plan and performance reports shared with the parents and child. 12.08(2)(e)(v) Procedures for Disagreements Procedures for disagreements for early access shall be in accordance with Section 12.06 of these Rules. 12.09 Gifted Education Grants 12.09(1) Screening Grants An AU may apply to the Department for a grant for the universal screenings it conducts. An AU may conduct a universal screening of enrolled students no later than end of second grade; and/or a second universal screening in conjunction with the creation of each child's ICAP by end of eighth grade year. 12.09(1)(a) The amount of each grant request must be based on the number of students who participate in the screening and the per pupil cost of the screening. 12.09(2) Grants to offset the costs incurred in employing qualified personnel An AU that hires a qualified person to administer the AU’s gifted programs and implement the AU’s program plan may apply to the Department for a grant to offset the costs incurred in employing the qualified person up to .5 FTE. 12.09(2)(a) The amount of each grant request must be equal to the costs incurred by the applying AU in employing the qualified person up to .5 FTE. 12.09(3) Grant Distribution Grants are dependent upon the annual appropriation provided to the Department in any given year and shall be distributed to applicants in accordance with 22-20-205, C. R. S. 12.09(3)(a) If funds are sufficient to fully fund all requests received by the Department, the Department shall distribute awards to each AU applicant. 12.09(3)(b) If funds are insufficient to fully fund all the requests received by the Department, the Department shall distribute funds in the order in which the Department received the applications by date of receipt over the course of three days. If funds are sufficient to fully fund each request received on the first date of receipt, the Department shall distribute awards to each AU application received on that date. If funds are insufficient to fund each request received on day-one of receipt, then funds will be proportionally distributed to each day-one applicant on a pro-rata basis. If grant funds remain after day-one distributions, then funds for day-two applicants and day-three applicants would be distributed in the same manner, until all funds are expended. 12.09(3)(c) If grant funds are not fully expended in a given fiscal year, the Department shall distribute the monies appropriated in the same manner that it distributes AU annual allocations. 12.09(4) Application Window During the first year of implementation, 2014-15 school year, applications will be due to the Department during a three-day application window no later than December 15 as specified in the grant application. Beginning on April 15-17, 2015, and each year thereafter, subject to available appropriations, Gifted Education Grant applications will be due during an April 15-17 application window for funding available July 1 of the subsequent fiscal year. 12.09(5) Application Procedures The Department will develop an application, pursuant to the Department’s grant process and pursuant to the requirements and timelines found in 22-20-205, C.R.S. Each grant application may include a request for one, or more, of the allowable uses: one qualified personnel (up to .5 FTE), as the term is defined by 22-20-202(7), C. R. S. and universal screenings in K-2 and/or in conjunction with the creation of each child’s individual career and academic plan. 12.09(5)(a) Each universal screening grant request shall at a minimum specify the name of the screening tool, the number of students who will participate in the universal screening, and the per pupil cost of the screening; 12.09(5)(b) Each qualified personnel grant request shall at a minimum specify the cost to employ a qualified person and a letter or certified document that verifies the qualified person has an endorsement or higher degree in gifted education, or is working toward attaining an endorsement or higher degree in gifted education. 12.09(6) Duration of Grant Awards Each grant shall have a term of one year. Funds must be utilized within the fiscal year (July-June) of the distribution of grant funds. 12.09(7) Reporting In any fiscal year in which the General Assembly makes an appropriation to the Department for the purposes of the grant program, each AU that receives a grant shall report the following information to the Department each year during the term of the grant: 12.09(7)(a) The number of and grade of students who participated in the universal screening, the per pupil cost of the screening, evidence of payment for the screening tool, and the name of tool(s) used; and/or 12.09(7)(b) The number of qualified personnel hired using grant moneys, and the type of endorsement/degree held by the qualified person or documentation that the qualified person is working toward attaining an endorsement or higher degree in gifted education. 12.10 Advisory Committee Administrative units are highly encouraged to establish and maintain a local advisory committee for gifted education.

13.00 INCORPORATION BY REFERENCE

The foregoing rules incorporate by reference several sections and appendices from the IDEA Part B regulations, 34 CFR, Parts 300 and 303, as those regulations stood on November 13, 2024. The foregoing rules do not incorporate by reference any later amendment or editions to the IDEA Part B regulations.

The regulations are available at https://www.ecfr.gov/. They are also available for public inspection during regular business hours from the Colorado Department of Education, 201 E. Colfax Ave., Denver, Colorado 80203. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2007.

Rules 2220-R-1.00, 12.00 emer. rules eff. 08/14/2008.

Rules 2220-R-1.00, 12.00 eff. 10/31/2008.

Rules 2220-R-1.00 (11); 2.08 (7), 2.08 (7)(b) - (b)(i-iii), 2.10 - 2.11; 5.01, 5.01 (24) eff. 09/30/2009.

Rules 2220-R-1.00 (12); 2.02; 3.01(1)(a), 3.01(2)(a), 3.01(3), 3.01(4)(a-c); 7.06 emer. rule eff. 10/06/2010; expired eff. 02/03/2011.

Rules 2220-R-1.00(12); 12.01(1), 12.02(1)(g) eff. 03/02/2011.

Rules 2220-R-1.00(13), 2.02, 2.08(6), 6.02 - 6.02(7.5) emer. rules eff. 06/08/2011.

Rules 2220-R-1.00(13), 2.02, 2.08(6), 6.02 - 6.02(7.5) eff. 09/30/2011.

Rules 2220-R-1.00(13) – (14), 2.02, 3.01, 7.07 eff. 7/30/2012.

Rules 2220-R-1.00(15), 2.02, 2.08, 2.14, 2.44, 3.02, 9.01(3) eff. 10/30/2012.

Rules 2220-R-1.00(16), 2.02, 2.02(1)(b), 2.08(13), 2.14 – 2.18, 2.20, 3.02(1), 3.04(1)(e) – (f), 3.04(2), 3.05, 3.06, 4.03(4), 4.03(5)(c), 4.03(6)(c)(ii), 4.03(8)(b)(ii)(A), 5.01(8), 6.02(7.5), 6.02(7.5)(d)(ii)(D), 6.02(8)(k), 7.01(1)(b), 7.01(3)(c), 7.05, 7.07, 8.00, 8.01(2), 8.01(2)(a), 8.02(1)(c), 8.03(2), 8.04(1), 8.04(1)(c), 8.05(1)(c), 8.06(1)(c), 9.01(1)(a)(i) – (ii), 9.01(3), 9.01(5) – (6), 9.01(8), 9.02(1), 9.02(1)(a), 9.02(2), 9.03(1)(a), 9.03(2)(a), 9.06(1) eff. 03/02/2013.

Regulation 2220-R-6.02(7) repealed eff. 03/02/2013.

Rules 2220-R-1.00(17), 12.01(23), 12.09 emer. rules eff. 12/01/2014; expired 03/12/2015.

Rules 2220-R-1.00(17), 2.02, 3.01(1), 3.04(1)(e)-(f), 3.04(3), 4.03(6)(b), 12.00-12.07, 12.08(2)-12.10 eff. 06/01/2015.

Rules 2220-R-1.00(18), 9.01(1), 9.03(2)(a) eff. 03/01/2016.

Rules 2220-R-2.00 2.49(1), 2220-R-3.00 3.04(1)(a)(i), 2220-R-4.00 4.03(8), 2220-R-8.00 803(2), 8.05(1)(c), 8.06(1), 8.07(1), 2220-R-9.00, 2220-R-12.00 12.02(2)(j)(v) eff. 06/30/2022. Rules 2.20, 7.07 repealed eff. 06/30/2022.

Entire rule eff. 06/30/2023.

Rules 9.01(1)(e), 9.01(8), 9.06(2) eff. 12/30/2023.

Rules 2.02(1)(b), 2.02(1)(c), 2.02(1)(i)-(j), 2.19(1), 9.01(1)(h), 9.01(3), 9.01(8), 9.03(2)(a)(i), 9.03(2)(a)(i)(A), 9.06 eff. 06/30/2024. Rules 9.03(2)(a)(ii)(A)-(B) repealed eff. 06/30/2024.

Rules 1.00-3.01, 3.04(1)(e), 4.02(1)(c), 4.02(3)(b)(ii), 4.03(8)(b)(ii), 4.03(8)(b)(v), 6.02(7.5)(a)(iv), 6.02(7.5)(b), 7.01(1)(b), 7.01(3)(c), 7.05(1)(b)(v), 7.06, 8.01(1)(j), 9.03(2)(a)(i), 12.02(1), 12.09(5), 13.00 eff. 05/15/2025.

Annotations

Rule 3.04(2) (adopted 01/09/2013) was not extended by House Bill 14-1123 and therefore expired 05/15/2014.

1 CCR 301-10 Rules for the Administration of the English Language Proficiency Act {#sec-1-ccr-301-10 omnilex-key=us-co-regs-official--department-4--1 CCR 301-10}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE ENGLISH LANGUAGE PROFICIENCY ACT

EXCELLENCE AWARD PROGRAM

1 CCR 301-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 2224-R-1.00 Statement of Basis and Purpose These rules are promulgated pursuant to section 22-24-107, C.R.S., which establishes the English Language Proficiency Act Excellence Award Program to award grants to local education providers and charter schools that achieve the highest English language and academic growth among English language learners and the highest academic achievement for English language learners who transition out of the English language proficiency program. 2224-R-2.00 Definitions 2.00 (1) “Charter school” means a charter school authorized by a district pursuant to part 1 of article 30.5 of this title or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22. 2.00 (2) “Department” means the Colorado Department of Education. 2.00 (3) “District” means a school district organized and existing pursuant to article 30 of title 22 or a board of cooperative services organized and existing pursuant to article 5 of this title. 2.00 (3) “English language learner” means a student who is linguistically diverse and who is identified pursuant to section 22-24-105(2), C.R.S. as having a level of English language proficiency that requires language support to achieve standards in grade-level content in English. 2.00 (4) “English language proficiency program” means a program implemented by a local education provider that is designed to develop English language proficiency for an English language learner while enabling the English language learner to achieve and maintain grade-level performance in academic content areas. 2.00 (5) “Local education provider” means a district, the state charter school institute, or an approved facility school, as defined in section 22-2-402(1), C.R.S. 2.00 (6) “State charter school institute” means the state charter school institute created pursuant to part 5 of article 30.5 of title 22. 2224-R-3.00 The English Language Proficiency Act Excellence Award Program 3.00 (1) Award Timeline By December 1 of each year, when data and appropriations are available, the Department will identify the local education providers and charter schools that achieve the highest English language and academic growth among English language learners and that achieve the highest academic achievement for English language learners who transition out of the English language proficiency program. 3.00 (2) Award Procedures The Department will develop and provide an application for funds to local education providers and charter schools that qualify for the excellence award grant. The application will request contact information and an agreement to program reporting requirements detailed in section 4.00 (5) of the English Language Proficiency Act Excellence Award Program Rules. 3.00 (3) Criteria to Identify Highest Academic Growth All eligible local educator providers and charter schools accepting award will be in compliance with all state and federal legal requirements, unless they have received an exception to the requirements. The following criteria will be used by the Department to identify the local education providers and charter schools that achieve the highest English language and academic growth among English language learners in an English language proficiency program and that achieve the highest academic achievement for English language learners who transition out of an English language proficiency program: 3.00 (3) (a) High growth percentiles on the state’s English language proficiency assessment for English language learners in an English language proficiency program; 3.00 (3) (b) High growth percentiles on the state’s academic content assessments for English language arts and math for English language learners in an English language proficiency program, as described in section 22-7-1006.3, C.R.S.; and 3.00 (3) (c) High percentages of students who meet or exceed expectations on the state content assessments on the state content assessments for English language arts and math (and, when available, science and social studies) for English language learners who have transitioned out of an English language proficiency program, as described in section 22-7-1006.3, C.R.S. 3.00 (4) Duration and Amount of Grant Awards.

Subject to available appropriations, the Department will award grants to local education providers and charter schools pursuant to the English Language Proficiency Act Excellence Award Program. The amount of the grant award will be based on the student enrollment of the local education providers and charter schools receiving the award and the concentration of English language learners enrolled by the local education provider and charter schools as a percentage of the total student enrollment. Each grant will have a term of one fiscal year. 3.00 (5) Reporting 3.00 (5) (a) Each local education provider and charter school that receives a grant pursuant to this section, at the conclusion of each school year for which it receives a grant, must submit to the Department:

(i) A data analysis and summary of the local education provider’s or charter school’s English language proficiency program; and (ii) A report of the local education provider’s or charter school’s use of the grant moneys received. 3.00 (5) (b) The Department will provide the information received pursuant to section 22-24- 107(3)(a), C.R.S. to local education providers and will make the information available to the public through the data portal operated pursuant to section 22-11-502, C.R.S. _______________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 09/10/2014; expired 01/08/2015.

Entire rule eff. 01/30/2015.

Rules 2224-R-3.00 (3), 2224-R-3.00 (4) eff. 09/30/2018.

Entire rule eff. 04/30/2020.

1 CCR 301-11 Rules for Accounting and Reporting {#sec-1-ccr-301-11 omnilex-key=us-co-regs-official--department-4--1 CCR 301-11}

DEPARTMENT OF EDUCATION

RULES FOR ACCOUNTING AND REPORTING

1 CCR 301-11 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ Adopted: 10-2-75, 11-12-92, 12-9-93, 3-6-08 Attorney General Opinion: 11-21-75, 12-15-92, 12-17-93 Statutory Authority: 22-45-101, 22-45-102, 22-45-103, 22-30.5-104, 22-30.5-503, 22-2-107(1)(c), 22-30.5- 603, 22-44-206, C.R.S. 2245-R-1.00 Applicability.

The rules stated herein shall apply to Colorado public school districts, the charter school institute, charter schools, charter school collaboratives, and boards of cooperative educational services. 2245-R-2.00 No Tax Authority.

Establishment of a fund under these rules confers no authority to levy a tax for the purpose of the fund, except as otherwise established by statute. 2245-R-3.00 Funds and Accounts Structure.

The local board of education shall establish within the funds and accounts structure stated herein those local school district funds and accounts necessary to meet legal requirements, Colorado Department of Education (CDE) reporting requirements, and generally accepted principles of governmental accounting.

In addition to the funds created in statute (Section 22-45-103, C.R.S.), the following funds are available for school district financial accounting and reporting. 3.01 Charter school fund. Used to track revenues and expenditures of charter schools. The district is not required to include charter school transactions in its financial database for normal day-to-day operations. However, charter school transactions must be included in the district’s database in the financial reporting system pursuant to Section 22-44-105(4)(a), C.R.S. for reporting purposes. 3.02 Universal Preschool Program (UPK)/Colorado Preschool Program (CPP) Sub-Fund of the General Fund. An optional fund, if used, this fund allows a district to separate the UPK/CPP accounting and maintain a self-balancing set of records specific to the UPK/CPP requirements for allocations. Used to account for the purposes and limitations specified by Section 22-28-108(5.5), C.R.S. and Section 26.5-4-208, C.R.S. 3.03 Special Revenue Funds. The special revenue funds established by the local board of education are used to account for the proceeds of specific revenue sources, other than debt service or capital projects, that are legally restricted or committed to expenditure for specified purposes.

Governmental designated-purpose grants may be accounted for in special revenue funds. The general fund portion of blended component units may be accounted for in special revenue funds. 3.03(1) Food Service Funds. A separate fund shall be maintained for the food service program, in order to identify all allowable and reportable expenditures and revenues related to the federal grant program. 3.03(2) The food service fund is a special revenue fund that shall be used to account for all reportable and allowable revenues, expenditures, and other sources and uses of food service transactions funded in part or in whole through the United States Department of Agriculture programs including, but not limited to: School Breakfast Program (CFDA 10.553); National School Lunch Program (CFDA 10.555); Special Milk Program for Children (CFDA 10.556); Summer Food Service Program for Children (CFDA 10.559); and Federal Fresh Fruit and Vegetable Program (CFDA 10.582) as well as food service transactions funded in part or in whole through the State of Colorado including, but not limited to: Healthy School Meals for All, Start Smart Nutrition Program; and Child Nutrition School Lunch Protection Program. 3.03(3) A school food authority must use the food service special revenue fund for all food service transactions. A district that is not a school food authority must not use the food service special revenue fund. 3.03(4) As stated in Section 22-32-120, C.R.S., the food service fund shall be operated as nearly as practicable on a nonprofit basis. Districts are encouraged to consider the appropriate levels of reserves in the food service fund through the budget process in consultation with the district official responsible for the operation of the district's food service program participating in the School Breakfast and/or National School Lunch Program(s). 3.03(5) Food service funds shall not be used to pay salaries or wages for dining room supervision. 3.03(6) For each school year, indirect costs or direct charging of indirect cost items may be recovered from the food service fund, but shall be limited to that amount established by the approved unrestricted indirect cost rate as determined by CDE under the federal indirect cost rate agreement. 3.03(6)(a) School Food Authorities must submit a proposal to CDE for review and approval for the initial year of charging indirect costs to the nonprofit food service account. 3.03(7) Capital equipment purchases must be made based upon the CDE approved equipment list or prior approval process. As stated in Section 22-32-120(2), C.R.S., capital outlay and equipment rental costs shall not be included in computing the cost of reimbursable school meals served. 3.03(8) Net cash resources must be limited to three months average expenditures based upon a nine-month operating year. Net cash resources is defined as current assets less current liabilities, except that current assets shall not include the value of inventories and prepaid expenditures for the purpose of computing net cash resources. 3.03(9) As stated in Section 22-32-120(1)(a), C.R.S., food service facilities shall be deemed to be an integral part of the district and shall be maintained, operated and governed in the same manner as the schools of the district. As such, expenditures including but not limited to new kitchens with new equipment related to new school construction and to major renovations of school facilities are the responsibility of the district from other district funding sources. 3.03(10) Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year must remain in the funds, shall be used for the support of the food service program pursuant to these rules, and shall not be used for any other purpose. 3.04 Pupil Activity Funds. The pupil activity funds may be used to account for revenues and expenditures related to school-sponsored pupil activities supported by revenues from pupils, gate receipts, or fund-raising sources. The pupil activity funds are accounted for as special revenue funds or fiduciary (trust and agency) funds, depending on their purpose and source of funding. 3.05 Building Fund. The building fund shall be used to account for the proceeds of bond sales, revenues from other sources, and capital expenditures for land or existing buildings, improvements of grounds, or replacement of equipment as authorized by the local board of education. The building fund is accounted for as a capital projects fund. 3.05(1) Proceeds from the sale of bonds remaining after the completion of the project for which such bonds were authorized may be transferred to the bond redemption fund or in the event all bonds have been redeemed, to the general fund. 3.06 Enterprise Fund. Enterprise funds may be used to account for revenues and expenses for activities that are financed and operated in a manner similar to private business enterprises. 3.07 Internal Service Fund. The internal service funds may be used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the school district, or to other school districts, on a cost-recovery basis. 3.08 Fiduciary (Trust and Agency) Funds. The trust and agency funds may be used to account for money and property held by the school district in a trustee capacity or as an agent for individuals, private organizations, and/or other governmental units. 3.08(1) A private-purpose trust fund may be used to report any trust arrangement under which the principal and/or income benefit individuals or organizations and the funds are not used as part of the operations of the district. 3.08(2) An agency fund may be used to account for assets held for other governments, private organizations, or individuals. Agency funds generally serve as clearing accounts. 3.09 Permanent fund. The GASB 34 permanent fund is a governmental fund type used to report resources that are legally restricted to the extent that only earnings, and not principal, may be used for purposes that support the reporting government’s programs. 3.10 Foundations. The district will report foundation activity in fund 85 in the financial reporting system pursuant to Section 22-44-105(4)(a), C.R.S., and will indicate that the audit reflects this activity in a specific fund based on the purpose of the foundation. 3.11 Certificate of Participation (COP) Debt Service Fund. A debt service type fund may be established to allow school districts to account for the accumulation of resources and payment of principal, interest, and related expenses on any COP debt. 2245-R-4.00 Statement of Basis and Purpose.

Conforms these regulations to the Accounting and Reporting Law and the School District Budget Law, as amended through the 2007 legislative session. The basis for these rules is found in Article 2 of Title 22,

Article 30.5 of Title 22 and Article 45 of Title 22. 4.01 Statement of Basis and Purpose. The basis for these rules is found in C.R.S. Article 45 of Title 22, Accounting and Reporting; Article 30.5 of Title 22, Charter Schools, as well as in Section 22- 2- 107(l)(c) which relates to the duties of the state board of education. The Accounting and Reporting law identifies eight funds to be used by school districts in financial accounting and reporting and specifies conditions and requirements regarding the use of these funds. The funds are: General Fund, Bond Redemption Fund, Capital Reserve Fund, Special Building and Technology Fund, Risk Management Reserves, Transportation Fund, Preschool and Kindergarten Program Fund, and Full-day Kindergarten fund.

Article 45 allows the authorization through regulation of additional funds by the state board of education. These regulations authorize nine additional funds for use by school districts in financial management and reporting. Generally accepted principles of governmental accounting permit the use of these funds. 4.02 Statement of Basis and Purpose amendments. The 2010 changes to the rules are due to statutory amendments in HB 08-1388 and SB 10-161, modifications to Governmental Accounting Standards (Statement No. 54), and procedural changes by the U.S. Department of Agriculture (elimination of the separate commodity coding).

The Accounting and Reporting law identifies seven funds to be used by school districts in financial accounting and reporting and specifies conditions and requirements regarding the use of these funds. The funds are: General Fund, Bond Redemption Fund, Capital Reserve Fund, Special Building and Technology Fund, Risk Management Reserves, Transportation Fund, and Full-day Kindergarten Fund.

Article 45 allows the authorization through regulation of additional funds by the state board of education. These regulations authorize ten additional funds for use by school districts in financial management and reporting. Generally accepted principles of governmental accounting permit the use of these funds. 4.03 Statement of Basis and Purpose for Amendments. The 2012 amendment to these rules are in response to recommendations from the Financial Policies and Procedures Advisory Committee to designate a Debt Service Type Fund that will allow school districts to account for the accumulation of resources and payment of principal, interest, and related expenses on any nonvoter approved debt. 4.04 Statement of Basis and Purpose for Amendments. The 2015 amendments to these rules are in response to recommendations from the Financial Policies and Procedures Advisory Committee to change the food service fund from an enterprise fund to a special revenue fund. Additionally, the 2015 amendments incorporate rules related to the food service fund which were previously included in 1 CCR 301-3 Food and Nutrition Services into these rules and makes appropriate updates and clarifications to assist school districts in complying with federal and state law and regulations pertaining to food and nutrition service operations and to preserve and protect the fiscal integrity of food and nutrition service operations in school districts. 4.05 Statement of Basis and Purpose for Amendments. The 2025 amendments to these rules are based on recent statutory changes including adding references for the Universal Preschool Program and the Healthy School Meals for All Program, removing references for the Breakfast After the Bell Nutrition Program, and providing for a review process for the initial year of charging indirect costs. _______________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/30/2008.

Entire rule eff. 03/02/2011.

Entire rule eff. 04/14/2012.

Entire rule eff. 06/30/2015.

Rules 3.01, 3.02, 3.03(2), 3.03(6)(a), 4.05 eff. 12/01/2025.

1 CCR 301-13 ADMINISTRATION OF THE PILOT PROGRAMS CONCERNED WITH AN EXTENDED SCHOOL YEAR [Repealed eff. 10/01/2004] {#sec-1-ccr-301-13 omnilex-key=us-co-regs-official--department-4--1 CCR 301-13}

DEPARTMENT OF EDUCATION

Colorado State Board of Education ADMINISTRATION OF THE PILOT PROGRAMS CONCERNED WITH AN EXTENDED SCHOOL YEAR – Repealed eff. 10/01/2004 1 CCR 301-13 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

1 CCR 301-14 Rules for the Administration of the Public School Transportation Fund {#sec-1-ccr-301-14 omnilex-key=us-co-regs-official--department-4--1 CCR 301-14}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE PUBLIC SCHOOL TRANSPORTATION FUND

1 CCR 301-14 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 0.0 Statement of Basis and Purpose.

The basis for these rules is found in Article 51 of Title 22, CRS. The state board has the responsibility to establish rules and regulations to implement the provisions of this article.

The purpose of these rules is to:

Establish regulations and procedures for administration of the public school transportation fund.

Establish regulations and procedures regarding the determination of current operating expenditures, mileage count and revenues received by district and institute charter schools for providing pupil 1.0 Definition of Terms 1.1 “Capital Outlay” means an expenditure in excess of $10,000 and with a useful life of more than one year, for pupil transportation vehicles or facilities. 1.2 “Department” means the Colorado Department of Education. 1.3 “District” means any public school district organized under the laws of Colorado. 1.4 “Local Board of Education” means the board of education of a district or the governing board of an institute charter school. 1.5 “Pupil” means a person under age 21 as of the official mileage count date who has not met the graduation requirements of his/her district and institute charter school as of the official mileage count date. 1.6 “Pupil Transportation Vehicle” means every motor vehicle that is owned by a school district and institute charter school, charter school, or service provider and operated, rented, or leased for the transportation of students to and from school, from school to school, or to school- related events, or which is privately owned and operated for compensation provided that such transportation service is sponsored and approved by the local Board of Education or schools governing body and operating within the State of Colorado. 1.7 “State Board” means the Colorado State Board of Education. 1.8 “Legal residence”, for purposes of these rules only, means the location at which the pupil dwells within the district and institute charter school claiming reimbursement for that student. 1.8 (a) A pupil for whom legal residence within the district and institute charter school claiming reimbursement cannot be established, may be included if the student is identified as homeless or runaway using guidelines established under the McKinney-Vento Act by the district and institute charter school as of the count day. 2.0 General 2.1 The Department shall prepare necessary forms and appropriate directions related thereto, which a district and institute charter school shall use to provide the data required by the Department to meet its responsibilities relating to the administration of the Public School Transportation Fund. 2.01(1) A district and the Colorado Charter School Institute annually shall submit a form CDE-40 no later than September 15 to be eligible to receive reimbursement from the Public School Transportation Fund for prior year’s pupil transportation costs. 3.0 Official Mileage Count Date 3.1 The official mileage count date shall be the same as the pupil enrollment count date, as defined in

section 22-54-103 (10.5) (a), C.R.S. 3.2 Determination of the official mileage count date shall not be affected by a district and institute charter school’s decision to not have a school day on the official mileage count date as defined above. 4.0 Current Operating Expenditures 4.1 The term “current operating expenditures” means actual expenditures, not including encumbrances, incurred during the entitlement period by a district and institute charter school in transporting pupils from home to school, school to school, and school to home, both in state and to and from an adjoining state border. 4.01(1) A district and institute charter school shall include employment costs of pupil transportation vehicle drivers including Public Employee's Retirement Association (PERA) and/or other retirement plan costs, and health and other fringe benefits. 4.01(2) A district and institute charter school shall include employment costs of personnel paid exclusively for pupil transportation supervision and support services, including Public Employee's Retirement Association (PERA) and/or other retirement plan costs, and health and other fringe benefits. 4.01(3) A district and institute charter school shall include a percentage of employment costs of personnel with non-pupil transportation responsibilities as well as specific pupil transportation responsibilities, including Public Employee's Retirement Association (PERA) and/or other retirement plan costs, and health and other fringe benefits. 4.01(4) A district and institute charter school shall include expenditures for professional development directly related to pupil transportation. 4.01(4)(a) A district and institute charter school may include expenditures directly related to the cost of attending annual state or national school transportation workshops or conferences, including registration fees and related travel expenses. 4.01(4)(b) A district and institute charter school shall not include expenditures for awards, banquets or ceremonies, or other types of employee recognition. 4.01(4)(c) A district and institute charter school shall not include expenditures for workshops or conferences related to advertising or other non-pupil transportation topics. 4.01(5) A district and institute charter school shall include insurance premiums related to pupil transportation and prorated insurance pool contributions equivalent to commercial insurance premiums. In addition, a district and institute charter school may include the equivalent commercial insurance premium value of a self- insurance program contribution prorated to reflect the pupil transportation insurance costs. A district and institute charter school may include the net cost of self-insured repairs and self-insured replacement. 4.01(6) If a school district and institute charter school contracts to furnish transportation for another school district and institute charter school, the district and institute charter school furnishing the transportation shall include operation expenses. 4.01(7) A district and institute charter school shall include costs of contracts with independent contractors providing pupil transportation less a calculated amount for capital outlay. 4.01(7)(a) The department shall base its calculation of the capital outlay amount on the contractor's acquisition cost of pupil transportation vehicles less than ten years old and on the percentage of total vehicle use attributable to the district and institute charter school. 4.01(8) A district and institute charter school shall include costs of contracts with commercial transportation carriers subject to the cost of federal regulations, title 49, parts 390 to 397, or successor regulations thereto to provide pupil transportation pursuant to section 22-51- 104(c), CRS. 4.01(8)(a) The department shall calculate the portion of this contract to be included in the current operating expenditures pursuant to section 22-51-104(1)(c). 4.01(9) A district and institute charter school shall include reimbursements to pupils who use public transportation services pursuant to section 22-51-102(1)(a), CRS. 4.01(10) A district and institute charter school shall include payments to other school district and institute charter schools for the purpose of furnishing pupil transportation. 4.01(11) A district and institute charter school shall include payments to district and institute charter school-approved persons for providing pupil transportation due to the absence of a district and institute charter school-approved established bus route. The total reimbursement entitlement attributable to district and institute charter school approved persons shall not exceed the amount actually paid to district and institute charter school-approved persons. 4.01(11)(a) A district and institute charter school-approved person shall not be considered an independent contractor if he/she transports only him/herself or members of his/her immediate family to or from school, or between schools. 4.01(12) A district and institute charter school shall include fuel and oil for pupil transportation vehicles. 4.01(13) A district and institute charter school shall include costs of supplies, materials, and other expendable non- capital outlay items utilized by the district and institute charter school in direct support of pupil transportation services. 4.01(14) A district and institute charter school shall include repair and maintenance costs of a pupil transportation vehicle only to the extent of restoration to original condition and/or mandatory condition. 4.01(15) A district and institute charter school shall include repair and maintenance costs of equipment and facilities used for pupil transportation only to the extent of restoration to original condition. 4.01(16) A district and institute charter school shall include the cost of the following types of additions or alterations to pupil transportation vehicles.

1. manual transmission to automatic transmission 2. gas engine to diesel engine or alternative fuel 3. reflective tape on the outside of vehicle 4. state-of-the-art auxiliary braking systems for purposes of supplementing service brake systems of school buses 5. heated mirrors 6. engine compartment noise reduction package (diesel engine in front engine transit only)

2. passenger seatbelts 8. air brake drying system 9. mirror system to provide a seated driver an unobstructed view of the front and front sides of a bus 10. wheelchair lifts and other special modifications which are necessary for a specially equipped school bus designed, equipped, and/or modified to accommodate students with special transportation needs.

3. automatic tire chains 12. video surveillance cameras (internal and/or external to the vehicle)

4. global positioning system (GPS) equipment 14. emergency equipment, including but not limited to fire extinguishers, first aid kits, emergency reflectors, body fluid cleanup kits, and durable webbing cutters.

5. routing software 16. other additions or alterations with prior written approval by the department which increase efficiency and safety or are necessary to meet minimum standards. 4.01(16)(a) A district and institute charter school shall own any pupil transportation vehicle to be added to or altered for a minimum of three years in order for the costs of additions or alterations to be reimbursable. 4.01(16)(b) A district and institute charter school shall request and receive from the department prior written approval of additions or alterations to a pupil transportation vehicle not specifically listed in rule 4.01(16) in order for the cost to be reimbursable. The Department may request necessary information from the district and institute charter school for use in making a determination for approval or disapproval. 4.01(16)(c) The Department shall inform a district and institute charter school in writing of approvals and disapprovals of reimbursable additions and alterations to vehicles. 4.01(16)(d) A district and institute charter school shall retain the written approval provided by the Department for a specific addition or alteration to a pupil transportation vehicle with the other records substantiating the reimbursement claim of the district and institute charter school for five years or until an audit by the department, whichever occurs first. 4.01(17) A district and institute charter school shall not include expenditures, including rent, lease or lease purchase, for all capital outlay items except those additions and alterations to vehicles specifically listed in rule 4.01(16). 4.01(18) A district and institute charter school shall not include expenditures for school field trips, extracurricular trips, or athletic trips. 4.01(19) A district and institute charter school shall not include liability claims incurred and paid by the district and institute charter school associated with providing pupil 4.01(20) A district and institute charter school shall not include expenditures relating to any district and institute charter school vehicle not used for the specific purpose of pupil 4.01(20)(a) A district and institute charter school shall not include expenditures relating to elderly transportation services. 4.01(20)(b) A district and institute charter school shall not include expenditures relating to recreational district and institute charter school transportation services. 4.01(20)(c) A district and institute charter school shall not include expenditures relating to advertising. 4.01(21) A district and institute charter school shall not include any other expenditure not specifically identified above in 4.01. 5.0 Revenues Received Through the Operation of the Pupil Transportation Program 5.1 A district and institute charter school shall reduce its reported current operating expenditures by the amount of summer school and pre-school program revenues received for pupil transportation. 5.2 A district and institute charter school shall reduce its reported current operating expenditures by the amount of revenues received from other school district and institute charter schools through contracts to furnish pupil transportation. 5.3 A district and institute charter school shall reduce its reported current operating expenditures by the amount of revenues received from federal sources for pupil transportation. 5.4 Since a district and institute charter school does not include expenditures resulting from non-pupil transportation activities per rule 4.01(20), a district and institute charter school shall not reduce its reported current operating expenditures by the amount of revenues received for non-pupil transportation activities. 5.04(1) A district and institute charter school shall not reduce its reported current operating expenditures by the amount of revenues received from the elderly for transportation services. 5.04(2) A district and institute charter school shall not reduce its reported current operating expenditures by the amount of revenues received from recreational district and institute charter schools for transportation services. 5.04(3) A district and institute charter school shall not reduce its reported current operating expenditures by the amount of revenues received for advertising on any transportation vehicles. 5.5 A district and institute charter school shall not reduce its reported current operating expenditures by the amount of revenues received from the state public school transportation fund. 5.6 A district and institute charter school shall not reduce its reported current operating expenditures by the amount of revenues received from fees imposed and collected for pupil transportation pursuant to a resolution adopted by a local board of education in accordance with the provisions of section 22-32-113(5), CRS. 5.7 A district and institute charter school shall not reduce its reported current operating expenditures by the amount of revenues received from a transportation levy approved at an election for the

purpose of recovering excess pupil transportation costs pursuant to 22-40-102(1.7), CRS. 6.0 Mileage Count Reporting 6.1 A district and institute charter school shall report its total mileage scheduled to be traveled by pupil transportation vehicles on the official mileage count date in transporting all pupils enrolled in its schools. 6.01(1) A district and institute charter school shall report scheduled mileage to and from a pupil's legal residence and school in which the pupil is enrolled, both in-state and to and from an adjoining state border. 6.01(2) A district and institute charter school shall report scheduled mileage to and from a pupil's legal residence and school in which the pupil is enrolled, including mileage for loaded and unloaded pupil transportation vehicles. 6.01(3) A district and institute charter school shall report scheduled mileage between two or more schools in which pupils are regularly enrolled and which pupils are required to attend as a

part of their scheduled programs. 6.01(4) A district and institute charter school shall report actual mileage traveled by a district and institute charter school approved person due to the absence of a district and institute charter school-approved established bus route, if the district and institute charter school reimburses said district and institute charter school-approved person for such pupil transportation services. 6.01(5) District and institute charter schools with scheduled routes as of the count day that vary by more than three days from the amount reported in 7.01(3) shall calculate a weighted average (split calendar calculation) of the total scheduled mileage for these routes. 6.2 A district and institute charter school shall report its total scheduled miles as defined above if the district and institute charter school operates a year-round school calendar at a school or schools within the district and institute charter school. The mileage count for year-round schools shall include only unique routes that are traveled specifically for the year-round program. 6.3 A district and institute charter school paying another district and institute charter school for pupil transportation services shall report miles traveled by the district and institute charter school providing the pupil transportation services. 6.4 A district and institute charter school shall not include in its reported scheduled mileage miles traveled for the purpose of providing pupil transportation for the pupils of another district and institute charter school. 6.5 A district and institute charter school shall not include in its reported scheduled mileage miles traveled for school field trips, extracurricular trips, or athletic trips. 6.6 A district and institute charter school shall not include in its reported scheduled mileage miles traveled in trips which are not for the purpose of transporting pupils from home to school, school to school, or school to home. 6.06(1) A district and institute charter school shall not include in its reported scheduled mileage miles traveled for transportation services for the elderly. 6.06(2) A district and institute charter school shall not include in its reported scheduled mileage miles traveled for transportation services for recreational district and institute charter schools. 6.7 A district and institute charter school shall not include in its reported scheduled mileage miles traveled by pupil transportation support and service vehicles. 7.0 Certifications by Local Boards of Education 7.1 A district and institute charter school desiring reimbursement under the Public School Transportation Fund for any entitlement period shall report to the department all required information. 7.01(1) A district and institute charter school shall report current operating expenditures as defined in R-4.00 and R-5.00 of these rules. 7.01(2) A district and institute charter school shall report total scheduled mileage as defined in R- 6.00 of these rules. 7.01(3) A district and institute charter school shall report the number of days of the school or district and institute charter school calendar that pupils are actually transported. 7.01(4) A district and institute charter school shall report the number of pupils scheduled to be transported on the official mileage count date. 7.01(5) A district and institute charter school shall report the total cost of a contract pursuant to

rule 4.01(7) for the purposes of providing pupil transportation. 7.01(6) A district and institute charter school shall report the total cost of a contract with a commercial transportation carrier pursuant to rule 4.01(8) for the purposes of providing pupil transportation. 7.01(6)(a) A district and institute charter school shall report the comparable district and institute charter school cost of providing pupil transportation in the absence of a contract with a commercial transportation carrier. 7.01(7) A district and institute charter school shall report the total actual miles traveled for school field trips, extracurricular trips, and athletic trips by pupil transportation vehicles. 7.01 (7)(a) A district and institute charter school may consider actual miles incurred for the purposes of maintaining a pupil transportation vehicle or training to transport pupils to be attributed to the primary pupil transportation purpose of the vehicle as determined by the mileage incurred. 7.01(8) A district and institute charter school shall report the total actual miles traveled for any

purpose by all pupil transportation vehicles. 7.01(9) A district and institute charter school shall report that the data reported is accurate and that the pupil transportation program has been operated in compliance with all applicable rules of the state board. 7.01(10) A district and institute charter school shall report other data as deemed necessary by the department. 8.0 Documentation 8.1 A district and institute charter school shall maintain and retain appropriate records pertaining to its application for reimbursement for five years or until an audit by the Department has been completed, whichever occurs first. 8.2 Documentation shall include appropriate mileage reports and route descriptions as of the official mileage count date which clearly define the routes and show mileage. 8.3 Documentation shall include appropriate financial records of the district and institute charter school. 8.4 Documentation shall support the number of actual miles traveled on the official mileage count date by persons who are reimbursed by the district and institute charter school for furnishing their own district and institute charter school approved transportation. 8.5 Documentation shall include the odometer reading taken at the beginning of the entitlement period and taken at the end of the entitlement period and total miles traveled for each pupil transportation vehicle operated during the entitlement period. 8.6 Documentation shall include time sheets, work schedules, or other auditable documentation used to support the transportation claim as well as documentation to support allocation methods used to determine the amount of the claim. 8.7 Documentation shall include information from independent contractors showing the acquisition cost of vehicles used for pupil transportation and less than ten years old and showing the total value of such contracts. 8.8 Documentation shall support total expenditures for public transportation contracts. 8.9 Documentation shall support total expenditures for commercial transportation carrier contracts.

Documentation shall support the amount of revenues from sources pursuant to 5.00 of these rules, such as election ballot and board resolution. _________________________________________________________________________ Editor’s Notes

History For a new CCR section:

Entire rule eff. 01/14/2013.

Rule 2.02(1) eff. 07/30/2020.

Entire rule eff. 12/15/2021.

Entire rule eff. 12/01/2025.

Annotations

Rule 2251-R-2.02(1) (adopted 06/10/2020) was not extended by Senate Bill 21-152 and therefore expired 05/15/2021.

1 CCR 301-21 ADMINISTRATION OF COUNTY EQUALIZATION GRANT PROGRAMS [Repealed eff. 06/30/2009] {#sec-1-ccr-301-21 omnilex-key=us-co-regs-official--department-4--1 CCR 301-21}

DEPARTMENT OF EDUCATION

Colorado State Board of Education ADMINISTRATION OF COUNTY EQUALIZATION GRANT PROGRAMS – Repealed effective 06/30/2009 1 CCR 301-21 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose The State Board, upon the Department’s recommendation, is repealing the within rules because funding for this program ceased in 2001, and efficiencies have been introduced that render the program obsolete.

Existing Rules were last approved in 1988. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 06/30/2009.

1 CCR 301-22 Regional Library Service System {#sec-1-ccr-301-22 omnilex-key=us-co-regs-official--department-4--1 CCR 301-22}

DEPARTMENT OF EDUCATION

Colorado State Board of Education REGIONAL LIBRARY SERVICE SYSTEM 1 CCR 301-22 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 2202-R-0.00 Statement of Basis and Purpose.

Statement of Basis and Purpose The State Board, upon the Department’s recommendation, amends 1 CCR 301-22 to conform to statutory changes enacted in 2005 in 24-90-101, C.R.S. et seq., and to incorporate the current practices based on the statutory scheme. The amendments clarify System plan and voting requirements. Existing rules were last approved in 1994. These rules are enacted pursuant to the authority found in Section 24-90-105 (1)(a)(II)(g), C.R.S.; 24-90-105 (2) (c) C.R.S.; 24-90-115 (1) (b) C.R.S. The amendments adopted by the Board: 1) Update portions of the present rules which are out-of-date and no longer relevant, 2) Promote greater efficiency and effectiveness in the Regional Library Service System operations, 3) Clarify and strengthen the reporting and Regional Library Service System accountability, 4) Coordinate System activity towards the improvement of library service for the state's libraries and the residents of Colorado. 2490-R-70.00 Definition and Mission. 70.01 Definition of RLSS. A Regional Library Service System is an organization of publicly supported libraries within a designated geographic area established to develop and coordinate cooperative services. A System provides continuing education, consulting, technical assistance, and professional support for all publicly supported member libraries and the Colorado library community. 70.02 Mission of RLSS. A Regional Library Service System encourages, promotes, and aids System members by providing leadership in developing library and media services. A System works cooperatively and in collaboration with any other Systems that may be created, the State Library, library communities, and other organizations to meet the information needs of Colorado residents now and in the future. 70.03 Geographic Area. All geographic areas of Colorado are currently included in a Regional Library Service System. The geographic area of a Regional Library Service System will be based on the effective and efficient coordination and utilization of library resources. Changes in System boundaries are made by the State Board of Education, upon recommendation of the Colorado State Librarian or designee, after consultation with the boards of the impacted Systems. 2490-R-71.00 System Membership. 71.01 Types of Members 71.01 (a) Public Libraries. Any public library legally established as defined by Section 24-90- 103, C.R.S., and its subsequent amendments or revisions may elect to participate in a System. 71.01 (b) School Districts. Any school district organized and existing pursuant to Section 22-30- 103, C.R.S., may elect to participate in a System. 71.01 (c) Academic Libraries. Any state university, college, or community college as defined by

Section 23-2-102, C.R.S., may elect to participate in a System. 71.01 (d) Special Libraries and Cooperatives. Any publicly supported special library or cooperative providing library services may elect to participate in a System. 71.02 Associates. A System Board may extend non-voting associate status as defined by individual System bylaws. 2490-R-72.00 System Governance 72.01 Membership Council 72.01 (a) The Membership Council will consist of one voting representative from each System member. A council representative will be specifically empowered by the System member to represent it. 72.01 (b) A Governing Board which is representative of at least three of the four types of members will be elected through an annual election, by the Membership Council as defined by 72.01 (a). 72.02 Governing Boards. The governing body of a Regional Library Service System will be called the Governing Board, pursuant to Section 24-90-115, C.R.S. The Governing Board will have the right to exercise all powers vested in a public library board of trustees pursuant to Section 24-90-109, C.R.S. 72.03 Staff 72.03 (a) The Governing Board will employ the director of the Regional Library Service System in compliance with applicable state and federal equal employment opportunity laws. The director must hold a graduate degree from an American Library Association accredited school, or a masters degree in educational media or educational technology from a National Council of Accreditation of Teacher Education (NCATE) accredited institution of higher education. 72.03 (b) The Governing Board of a Regional Library Service System, upon the recommendation of the director, will employ such other staff as may be necessary in compliance with applicable state and federal equal employment opportunity laws. 72.03 (c) The Governing Board will adopt personnel policies which may include staff selection, resignation and dismissal procedures, leave policies, job descriptions, employee benefits, and personnel performance evaluations. 2490-R-73.00 Long Range Plan and Annual Plan 73.01 Long Range Plan 73.01 (a) A Long Range Plan to provide developmental and strategic guidance for a System shall be submitted every three years by the governing board to the Colorado State Librarian or designee. Plans shall be submitted 90 days prior to the fiscal year in accordance with a timeline set by the Colorado State Librarian. 73.01 (b) The Long Range Plan shall include, but not be limited to:

(1) Needs assessment (2) Goals and objectives (3) Proposed evaluation process 73.02 Annual Plan 73.02 (a) A System is required to have an Annual Plan. The Annual Plan will be submitted by the Governing Board for approval to the Colorado State Librarian or designee no later than 90 days prior to the beginning of the System's next fiscal year. 73.02 (b) The Annual Plan for a System's fiscal year will include:

1. Services that address the State’s Long Range Plan for libraries (2) Goals and objectives (3) Budget (4) Other information as needed or as requested by the Colorado State Librarian in consultation with the System director. 2490-R-74.00 Funding, Reporting, and Fiscal Year 74.01 Funding 74.01 (a) Funds appropriated by the Colorado General Assembly for a Regional Library Service System will be allocated by the Colorado State Librarian, or designee. Elements for allocation may include, but need not be limited to: basic administrative costs, other factors related to System service areas, and the State's Long Range Plan for libraries. 74.01 (b) A System will receive 90% of its total annual state funding upon receipt and approval of the System's next fiscal year Annual Plan by the Colorado State Librarian, or designee. 74.01 (c) A System will receive 10% of its total annual state funding upon receipt and approval of the Annual Report for the previous fiscal year required in Rule 2490-R-74.02 (b) by the Colorado State Librarian or designee. 74.01 (d) These regulations will not be construed in such a way as to restrict or hamper the Governing Board in obtaining or accepting private financial support, supplementary public funding, or grants from any agency, public or private, or entering into remunerative contracts or agreements in accord with the System Annual or Long Range Plan. 74.02 Reporting 74.02 (a) The Governing Board will have the System's financial records audited annually in accordance with generally accepted auditing principles. The written audit shall be submitted to the Colorado State Librarian, or designee, no more than six months after the close of the System's fiscal year. 74.02 (b) The Governing Board will submit an Annual Report providing statistical and narrative information requested by the Colorado State Librarian, or designee. The Annual Report will include a report of activities related to goals and objectives in the System's Annual Plan, and sources of income of System activities. This document is to be submitted to the Colorado State Librarian or designee no later than 90 days after the close of the System's fiscal year. 74.03 Fiscal Year. The fiscal year of the Systems will be determined by the Colorado State Librarian, or designee. 2490-R-75.00 System Establishment 75.01 Establishment of a new Regional Library Service System requires the submission of an organizational plan to the Colorado State Librarian or designee for approval by the State Board of Education. The organizational plan will include, but not be limited to: 75.01 (a) A copy of proposed bylaws. 75.01 (b) Description of structure. 75.01 (c) Evidence of the endorsement of participating libraries. 75.01 (d) Hiring of System director in accordance with Rule 2490-R-72.03, and designation of System headquarters. 75.01 (e) Procedures permitting membership of all types of publicly supported libraries. 75.01 (f) Procedures for a library to inform a System that it wishes to become a member or withdraw from membership. 75.01 (g) Needs assessment for the System area. 75.01 (h) A statement of long-range goals and objectives of the System. 2490-R-76.00 Dissolution and Mergers 76.01 In the event the Board or a majority of members represented by the Board decides that the need for a Regional Library Service System ceases to exist, the Governing Board thereof may, by a two-thirds vote of its System members, declare its intent to dissolve the organization and file with the Colorado State Librarian, or designee, a plan for effecting such dissolution, which will be carried out upon approval by the State Board of Education pursuant to Section 24-90-115, C.R.S. 76.02 In the event of a reconfiguration of one or more Systems, a plan for disposition of assets and liabilities must be submitted to the State Librarian, or designee, along with the organization plan for reconfiguration and must be approved by the State Board of Education. 2490-R-77.00 Local Autonomy.

The organization or operation of a Regional Library Service System will not be construed to infringe upon the autonomy of any Board of Trustees of a public library or the Governing Board of any publicly supported library in accordance with Section 24-90-115, C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 06/30/2009.

1 CCR 301-23 ADMINISTRATION OF THE COLORADO LIBRARY NETWORK - PAYMENT FOR LENDING PROGRAM (COLOUET-PFL) [Repealed eff. 06/30/2009] {#sec-1-ccr-301-23 omnilex-key=us-co-regs-official--department-4--1 CCR 301-23}

DEPARTMENT OF EDUCATION

Colorado State Board of Education ADMINISTRATION OF THE COLORADO LIBRARY NETWORK - PAYMENT FOR LENDING PROGRAM (COLOUET-PFL) - Repealed effective 06/30/2009 1 CCR 301-23 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose The State Board, upon the Department’s recommendation, is repealing the within rules because funding for this program ceased in 2003, and efficiencies introduced since then render the program obsolete.

Existing Rules have not been updated since 1973. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 06/30/2009.

1 CCR 301-25 Colorado Minimum Standards Governing School Transportation Vehicles {#sec-1-ccr-301-25 omnilex-key=us-co-regs-official--department-4--1 CCR 301-25}

DEPARTMENT OF EDUCATION

COLORADO MINIMUM STANDARDS GOVERNING SCHOOL TRANSPORTATION VEHICLES

1 CCR 301-25 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose 1.1 Colorado law provides for the State Board of Education to adopt and enforce regulations governing the safe operation of school buses and school transportation vehicles used for the transportation of students pursuant to Sections 22-51-108 and 42- 4-1904, C.R.S. 1.2 The purpose of these rules is to adopt and enforce regulations governing the reasonable and adequate standards of safety for school buses and school transportation vehicles that promote the welfare of the students and afford reasonable protection to the public. The purpose of the amendments is to update the minimum standards to align with recent federal standards and reflect current industry practices. 1.02(a) This does not include informal or intermittent arrangements, such as sharing of actual gasoline expenses or participation in a carpool and the use of vehicles rented and/or leased that are operated in other states. 1.02(b) Exemption: Vehicles that carry students as part of their operation as a common carrier under the jurisdiction of the United States Department of Transportation or Colorado Public Utilities Commission are not included within the definition of a school transportation vehicle, including transportation network companies; except that common carriers (other than public transit) that are contracted to provide route transportation carrying 12 or more students per route shall comply with sections 6 through 49 of these Rules without regard to the operator’s status as a common carrier. 1.3 The Commissioner, or designee, may provide an exemption to these Minimum Standards to the extent the Commissioner finds an exemption to be appropriate. 2.0 Effective Date 2.1 Except as indicated in Rule 6.01(a), of these rules, school transportation vehicles manufactured, per the date listed on the certification plate, or decal, on or after the effective date of these rules, for the purpose of transporting Colorado students shall meet or exceed the Minimum Standards. 2.2 School districts, charter schools, and service providers are discouraged from operating school buses, per Rule 7.15, of these rules, that were manufactured, per the date listed on the certification plate, or decal, which are over 25 years of age. 2.3 School districts, charter schools, and service providers shall not sell or lease any school bus or school transportation vehicle(s) over 20 years of age, per the date listed on the certification plate, or decal, to any other school district, charter school, or service provider for the use of transporting Colorado students for any purpose. Likewise, a school district, charter school, or service provider shall not purchase any school bus or school transportation vehicle over 20 years of age. 2.4 School districts, charter schools, and service providers are discouraged from operating school transportation small-capacity vehicles, per rule 7.19, of these rules, that were manufactured, per the date listed on the certification plate, or decal, which are over 15 years of age. 3.0 Testing and Certification 3.1 School bus manufacturers shall provide annual certification to the Colorado Department of Education that their product(s) meet or exceed the regulations in Colorado Minimum Standards and all applicable Federal Motor Vehicle Safety Standards (FMVSS) in effect at the time of manufacture. School bus manufacturers shall record and report to CDE the test results as required by Section 8, Construction, of these rules. All school bus bodies that meet applicable FMVSS regulations and comply with the Minimum Standards shall be certified by the school bus manufacturer by attaching a certification plate or decal. 3.2 It shall be the responsibility of the school district, charter school, and service provider to ascertain whether all school buses purchased, leased, or under contract to the school district, charter school, or service provider meet all specifications of the Minimum Standards. This verification should be obtained at the time of delivery, in addition to the statement of compliance in the purchase bid, contract for, or lease agreement. 3.3 When selling a school transportation vehicle, it is the responsibility of the school district, charter school, or service provider to eliminate the school district, charter school, or service provider’s full name from the vehicle. 3.4 New and used school bus dealers, and service providers, shall register with the Colorado Department of Education, School Transportation Unit, certifying that only school transportation vehicles meeting or exceeding Colorado Minimum Standards will be sold leased, rented, or used in contracted services to a school district, charter school, or service provider providing transportation from home to school, school to school, and to school-related events in Colorado.

There shall be no fee to register. Service providers will be required to renew their registration every five years. 3.5 All school transportation vehicles must meet and continue to meet all applicable FMVSS regulations in effect on the date of manufacture, per the date listed on the certification plate or decal. 4.0 Responsibility of Suppliers 4.1 Dealers, distributors, manufacturers of school buses, and school transportation vehicles each have a responsibility to comply with the Minimum Standards on or after the effective date of these 4.2 Dealers, distributors, or manufacturers that supply school buses and school transportation vehicles for use in the State of Colorado that do not meet the specifications of these rules shall be notified of non-compliance and a written notice will be sent to all school districts, charter schools, and service providers within the State of Colorado advising that equipment supplied by such dealer, distributor, or manufacturer is not in compliance with the Minimum Standards. 4.02(a) If a dealer, distributor, or manufacturer has been notified of non-compliance in accordance with Rule 4.2 of these rules and replaces or modifies the equipment to meet the Minimum Standards, a written notification of compliance will be issued from the Colorado Department of Education (CDE) within 30 days after proof of compliance. 4.3 Under 49 U.S.C. 30101, et seq., a vehicle is regarded as being sold for use as a school bus if, at the time of sale, it is evident that the vehicle is likely to be significantly used to transport students to or from school or school-related events. The National Highway Transportation Safety Administration (NHTSA) prohibits the purchase or lease of new school transportation smallcapacity vehicles pursuant to 49 US Code, Section 30112(a)(2). While Federal regulations do not prohibit the use of vans by schools, they do require any van (with a capacity of more than 10) sold or leased for use as a school bus to meet the safety standards applicable to school buses.

Each state prescribes its own regulations that apply to the use of any vehicle that is used to transport students. See Section 6.0 of these rules. 5.0 Bus Delivery Requirements 5.1 The bus manufacturer shall provide the following materials and information for direct delivery to the customer upon request: 5.01(a) Line set tickets for each individual unit including chassis and body, 5.01(b) A copy of the pre-delivery service performed and verified by a checkout form for each individual unit, 5.01(c) Warranty book and statement of warranty for each individual unit, 5.01(d) Service manual (hard copy or electronic copy) for each individual unit or identical units for all major components of the bus (e.g., body, chassis, transmission, etc.), and 5.01(e) Parts manual (hard copy or electronic copy) for each individual unit or identical units for all major components of the bus (e.g., body, chassis, transmission, etc.). 6.0 Prohibited Use 6.1 Under federal law (49 USC 30112(a)), a new over-the-road motor coach bus shall not be sold for the purpose of transporting school-age students to and from school or to school related events unless it meets all FMVSS regulations for school buses. 6.01(a) Upon passage of a local board of education resolution, a school district, charter school, or service provider may purchase an over-the-road motor coach bus and/or attain a short-term rental of a motor coach bus from a contract carrier for the transportation of students to school related events. Such a resolution shall specify that consideration was given to the standards of safety to promote the welfare of students, including recommendations from national transportation organizations. 6.2 A motor coach shall not be used for transporting students to and from school or school to school for route purposes. 6.02(a) A board resolution is not necessary for transporting students on public transit common carriers. 6.3 Type B, C, and D multifunction buses shall not be used for transporting students to and from school for route purposes. 6.4 Effective January 1, 2025, pursuant to Section 8 of these rules, vehicles with a capacity of more than 12 passengers that do not meet the definition of a Type A School Bus or a Type A Multifunction Bus, or do not meet the Colorado Rack and Load, Kentucky Pole Test, and FMVSS School Bus Safety Standards, as required, are prohibited from transporting students for any reason. 6.5 Per the effective date of these rules, school transportation vehicles, per Rule 7.17, of these rules, owned or leased by the school district, charter school, or service providers that are used for student transportation shall not have the windows obstructed in any way by advertising, decorations, or vehicle wraps. 6.05(a) Exception: Tint applied by the vehicle manufacturer to industry standards. 6.05(b) Exception: Route identification is permitted per Rule 28.5, of these rules. 6.6 Any type of passenger vehicle with a fiberglass roof shall not be permitted to transport students unless it meets Colorado Rack and Load. 7.0 Definitions 7.1 Boards of Cooperative Educational Services - (BOCES) means a regional educational service unit designed to provide supporting, instructional, administrative, facility, community, or any other services contracted by participating members pursuant to Section 22-5-103(2), C.R.S. 7.2 Charter School - a charter school is a public school that operates pursuant to a charter contract entered into pursuant to the provisions of Article 30.5 of Title 22. As used in this title, unless the context otherwise requires, “Charter School” includes any type of Charter School created pursuant to the provisions of Article 30.5 of Title 22, Section 22- 1-101(2), C.R.S. 7.3 Colorado Rack and Load Test - is designed to verify the structural integrity and crashworthiness of school bus design as outlined in rule 8.8 and rule 8.9 of these rules. The test simulates a rollover crash by applying a constant load along the full length of the bus body. This ensures that all push-out windows and emergency exits will be fully functional after an accident occurs. 7.4 GVWR – means Gross Vehicle Weight Rating. 7.5 Kentucky Pole Test - is designed to verify that the interior panels above the window will not separate and expose sharp edges in the event of a crash. The test involves a rollover simulation, in which the bus strikes a pole-like object, which forces the roof to bend into the passenger compartment. Standards require that separation of body panels must not occur when the roof bends between 8-10 inches. 7.6 Fifteen Passenger Van - is a van, not a Type A school bus, that has the capacity of transporting more than 12 passengers, not including the driver. 7.7 Lease – More than seven consecutive calendar days. 7.8 Local Board of Education (LEA) - means the Board of Education of a school district or the governing board of a BOCES. 7.9 Motorcoach - is a bus that has a high elevated floor, with a full row of luggage bays found below the main cabin. It also has premium features such as restrooms, reclining seats, power outlets, television, etc. 7.10 Multifunction School Activity Bus (MFSAB) - is a type of school bus that is required to meet all FMVSS regulations applicable to school buses, except those requiring the installation of traffic control devices. Pursuant to Rule 6.3, of these rules, Type B, C, and D multifunction buses should not be used for transporting students to and from home to school for route purposes. 7.10(a) Exception: Per I CCR 301-26, 19.1, Type A multifunction buses may be used to transport students to and from school, school to school for route purposes and activities. 7.11 Public School District - means a public school district that derives its support, in whole or in part, for money's raised by a general state, county, or district tax pursuant to Section 22-1-101, C.R.S. 7.12 Regenerative Braking System - this is a mechanism found on most hybrid and full electric vehicles. It captures the kinetic energy from braking and converts it into the electrical power that charges the vehicle's high-voltage battery. Regenerative braking also slows the vehicle down, which assists the use of traditional service brakes. 7.13 Rented – Seven or less consecutive calendar days. 7.14 SAE - Acronym for Society of Automotive Engineers, Inc. 7.15 School Bus - means a passenger vehicle that is designed and used to carry more than 12 passengers in addition to the driver, and which the Secretary of Transportation determines is likely to be significantly used for the purpose of transporting pre-primary, primary, or secondary school students to or from school or an event related to school. School buses are specifically designed for maximum safety. 7.16 School Bus Eight-Way Alternating Flashing Warning Signal Lamps - are amber and red lamps mounted at the same horizontal level intended to identify the vehicle as a school bus and to inform other users of the highway that such vehicle is stopped or about to stop on the roadway to take on or discharge school children. 7.17 School Transportation Vehicle - means every motor vehicle that is owned by a school district, charter school, or service provider and operated, rented, or leased for the transportation of students to and from school, from school to school, or to school- related events, or which is privately owned and operated for compensation provided that such transportation service is sponsored and approved by the local Board of Education or schools governing body and operating within the State of Colorado. 7.18 Secondary Braking System - includes retarders, engine brakes, turbo brakes, driveline, brakes, etc. 7.19 Small-Capacity Vehicle - means a motor vehicle, which does not meet the requirements of Type A, B, C, or D school buses, designed for general purpose use. These vehicles (12 passengers including the driver or less) may be used to carry students to and from school, from school to school, or to school-related events, and shall meet or exceed all applicable rules and regulations. 7.20 Specially Equipped Bus – is any bus that is designed, equipped, and/or modified to accommodate students with special transportation needs. 7.21 Transportation Network Company (TNC) - transportation provided by a company or individual as

part of their operation as a common carrier, or transportation network company operating pursuant to Section 40-10.1-602(3), C.R.S., under the jurisdiction of the US Department of Transportation or the Public Utilities Commission. 7.22 Type A School Bus - is a conversion or body constructed utilizing a cutaway front- section vehicle with a left-side driver's door and a gross vehicle weight rating (GVWR) of 21,500 pounds or less. 7.23 Type B School Bus - is a body constructed and installed upon a stripped chassis. Part of the engine is beneath and/or behind the windshield and beside the driver's seat. The service door is behind the front wheels. 7.24 Type C School Bus - is constructed utilizing a chassis with a hood and fender assembly. This includes the cutaway truck chassis, including the cab, with or without a left-side driver door, and with a GVWR greater than 21,500 pounds. The service door is behind the front wheels. 7.25 Type D School Bus - is constructed utilizing a stripped chassis, the engine may be behind the windshield and beside the driver's seat; or it may be at the rear of the bus, behind the rear wheels. The service door is ahead of the front wheels. 7.26 Vehicle Seating Capacity - is the number of passengers (excluding the driver) assigned by the manufacturer as indicated on the certificate plate, or decal and cannot be changed by the purchaser. 7.27 Wheelchair Tie-Down Occupant Restraint System (WTORS) – is a system or device for securing wheelchairs and a system of belts for restraining occupants seated in the secured wheelchairs.

This can include both strap-type and docking-type securement systems. 8.0 Construction 8.1 All metal surfaces that will be painted shall be chemically cleaned, etched, zinc phosphatecoated and zinc-chromate or epoxy primed or conditioned by an equivalent process. Particular attention shall be given to lapped surfaces, welded connections of structural members, cut edges, punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas, and surfaces subject to abrasion during vehicle operation. 8.2 The floor shall be at least 14-gauge, mill applied, zinc-coated steel sheet, and shall be on one plane. There shall be a main floor cross member of at least 10-gauge steel or equivalent extending the full width of the floor plate and permanently attached. There shall be a minimum of two intermediate floor cross members of at least 16-gauge steel equally between the main floor cross members and permanently attached. 8.02(a) Type A buses 14,500 GVWR or less, may use other metal or material with strength and corrosion resistance at least equivalent to all-steel construction as certified by the bus body manufacturer. 8.3 The subfloor shall be either five ply nominal 5/8 inches thick plywood, or a material of equal or greater strength and insulation R-value and it will equal or exceed properties of exterior-type softwood plywood C-D grade, as specified in National Bureau of Standards (NBS) Product Standard 1-83. Type A buses, 14,500 GVWR or less, shall have nominal ½-inch thick plywood or equivalent material equal to or exceeding the properties listed above. 8.4 Ceiling Panels: If the ceiling is constructed to contain lap joints, the forward panel shall be lapped by the rear panel, and the exposed edges shall be beaded, hemmed, flanged, or otherwise treated to eliminate sharp edges. 8.5 All body components shall be designed and constructed to avoid the entrapment of moisture and dust. 8.6 All openings between the chassis and passenger-carrying compartment made for any reason must be sealed. 8.7 On Type B, C, and D buses, the bus body shall meet the test standards of the Kentucky Pole Test as outlined in rule 8.8. 8.8 In addition to complying with FMVSS 220 test procedures, the body manufacturer shall record and report the downward vertical movement of the force at 0, 25, 50, 75, and 100% of the maximum force (both loading and unloading). The expected force- deflection curve is Illustrated schematically in Figure 1a. Low load nonlinearities may indicate joint confirmation; high load nonlinearities may indicate yielding structural members. 8.08(a) A second load cycle shall be performed following the procedure given in the first paragraph. The expected force-deflection curve is Illustrated schematically in Figure 1b.

Any hysteresis following the initial shakedown will be revealed by this second cycle.

Figure 1. Static Load Test Load-Deflection Curves 8.9 A diagonal (racking) load test shall be performed on Type A, B, C, and D school buses to ensure adequate shear stiffness and strength of the bus body. Details of the tests are provided below. A two-cycle loading sequence shall be conducted following the procedure described in Rule 8.08 of these rules. 8.09(a) Requirements: When a force equal to 1 ½ times the GVW is applied to the edge of the roof of the vehicle's body structure through a force application plate as specified in (b), Test Procedures: 8.09(a)(1) The diagonal movement of the force at any point on the application plate shall not exceed 5 ⅛ inches. 8.09(a)(2) Each emergency exit of the vehicle provided in accordance with FMVSS 217 shall be capable of operation as specified in that standard during the full application of the force and after the release of the force. 8.09(b) Test Procedures: Each vehicle shall be capable of meeting the requirements of (1) and (2) when tested in accordance with the procedures set forth below. 8.09(b)(1) The vehicle shall be supported on a rigid surface along the lower edge of the frame or along the body sills in the absence of a frame. 8.09(b)(2) The load shall be applied through a force application plate that is flat and rigid. The dimensions of the plate shall be chosen to ensure that the plate edges never make contact with the vehicle skin during testing. The typical width is 18 inches. A typical length is 20 inches less than the length of the vehicle's roof measured along its longitudinal centerline. 8.09(b)(3) Place the force application plate in contact with the edge of the vehicle roof. Orient the plate so that its flat, rigid surface is perpendicular to a diagonal line connecting the most distant points on an interior cross-section of the vehicle.

The rear edge of the plate shall be positioned approximately 20 inches from the rear edge of the vehicle roof. A temporary stand may be used to support the plate until a force is applied. 8.09(b)(4) Apply an evenly distributed force in a diagonally downward direction through the force application plate at any rate not more than 0.5 inches per second, until a force of 500 pounds has been applied. 8.09(b)(5) Apply additional force in a diagonally downward direction through the force application plate at a rate of not more than 0.5 inches per second until the force specified in (a) has been applied and maintains this application of force. 8.09(b)(6) Measure the diagonal movement of any point on the force application plate that occurred during the application of force in accordance with Rule 8.09(b)5 and upon the emergency exits as specified in Rule 8.09(a)2 of these 8.09(b)(7) Release all diagonal force applied through the force application plate and operate the emergency exits as specified in Rule 8.09(a)(2) of these rules. 8.09(c) Test Conditions: The following conditions apply to the requirements specified in Rule 8.09(b)(3). 8.09(c)(1) Temperature: the ambient temperature is any level between 32 degrees Fahrenheit and 90 degrees Fahrenheit. 8.09(c)(2) Windows and Doors: Vehicle windows, doors, and emergency exits are in the fully closed position and latched but not locked. 8.09(d) An alternative method of testing for the racking load test shall be as follows: 8.09(d)(1) The racking load shall be applied along a line connecting the most distant points on a transverse cross-section of the bus interior. It produces a shear distortion of the cross-section as shown in Figure 2.

A representative method of loading which employs a hydraulic jack to load a two-frame test assembly is Illustrated in Figure 2.

The maximum jack load for the two-frame assembly is determined by the following formula:

J = 2P J - maximum jack load for two-frame test assembly P = load/frame where P = DVW divided by N DVW = dynamic vehicle weight N = total number of bus body frames and DVW = DF x GVW DF = dynamic factor, not less than 1.5 GVW = gross vehicle weight Thus, for a DF = 1.5, a GVW = 22,000 pounds-force (lbf), and N = 11, the dynamic vehicle weight is DVW = 33,000 lbf, the load/frame is P=3000 lbf and the maximum jack load is j = 6000 lbf. 8.09(d)(2) When a complete bus body is rack loaded, the total load DVW must be distributed uniformly along the bus body. One method is to mount a series of hydraulic jacks along the length of the bus interior. Seats may be removed to facilitate jack mounting. The rack load will be considered to be uniformly distributed when the variation in the hydraulic jack readings is less than 10%. A maximum load for DVW shall be the sum of all jack readings.

Figure 2: Transverse Cross Section Side View Arrangement of Hydraulic Jack for Rack-Loading of Two-Frame Assembly 8.09(d)(2)(A) The test may be performed on a complete bus body or on a representative section composed of at least two complete frames (body posts plus roof bows) and floor. Standard seats may be installed in the test section in a manner identical to that of the full bus body. Fabrication procedures for the test assembly shall be identical to normal bus body production. 8.09(d)(2)(B) A two-cycle loading sequence shall be conducted, with intermediate and final load and deflection readings recorded according to the procedure described. 8.09(d)(2)(C) The maximum deflection in line with the jack (A, maximum) shall not exceed four inches. 8.09(d)(3) Manufacturers shall specify which testing method was used and submit appropriate certification information as called for and 3.1 of these rules. 9.0 Aisle 9.1 The minimum aisle clearance between seats and for all emergency doors shall be 12 inches at seat level. 9.2 On forward (front engine) Type D buses, the aisle passage area shall not be less than 12 inches, measured from floor level up, between the engine cover and any other object. Hold-down fastening devices used on the engine cover shall be designed to prevent hooking or catching on clothes or clothing. 10.0 Axles 10.1 The rear axle shall be single-speed. 11.0 Battery (Low Voltage) 11.1 On Type B, C, and D buses, a drawer-type pull-out tray shall be provided to facilitate servicing or removal of battery(ies) not used for the motive propulsion of the bus. The battery(ies) shall be enclosed by a vented compartment, provided with drain ports, a hold-down carrier mounted to avoid blocking filler ports, and a latching device to prevent accidental opening. Under-coating shall be provided and applied to the battery box. The battery tray is to be equipped with a safety device to keep the tray from sliding completely out. 11.2 On Type A buses equipped with more than one battery, all batteries should be positioned in one location. 11.3 Battery labels should be placed at all locations where batteries are installed. 11.4 Batteries shall be equipped with sufficient battery cable to allow the drawer-type pull-out tray to fully extend. 12.0 Brakes 12.1 Type C and D buses shall be equipped with full compressed air brake systems. Both air drum brake and air disc brake applications are acceptable. 12.2 Air Brakes: 12.02(a) Compressors: On buses using full compressed air brakes for service, emergency, and parking brakes, the compressor shall be a standard production model but the minimum 12 cubic foot per minute displacement 12.02(b) Moisture ejection valve: An automatic heated, moisture ejection valve or airdrying system shall be properly installed. This is made to automatically eject moisture, sludge, and/or foreign matter and maintain clean, dry air lines. 12.02(c) Control requirements: The control valve for the parking brake system shall be designed and constructed to conform with the following: 12.02(c)(1) The parking brake control valve shall be visible to the driver and shall be mounted on the dash panel within 15 inches to the right of the steering column. 13.0 Bumpers 13.1 Front bumper shall: 13.01(a) Be at least 3/16 inch thick of pressed steel channel, one-piece construction with a minimum of eight-inch width (high), except Type A buses under 14,500 GVWR. 13.01(b) Be of extended design to offer maximum protection of fender lines without permitting snagging or hooking. 13.01(c) Be attached to the frame and extend forward of the grille, headlights, fender, or hood sections to provide maximum protection. 13.01(d) Be of sufficient strength to ensure that the front of the bus may be lifted by means of a bumper-type jack without permanent deformation of the bumper. 13.2 Rear bumper shall: 13.02(a) Be of pressed steel channel or equivalent material, at least 3/16 inch thick, and shall be a minimum of eight inches wide (high) on Type A buses and shall be a minimum of 9 ½ inches (high) on Type B, C and D buses. 13.02(b) Be wrapped around the back corners of the bus and extend forward at least 12 inches from the rear-most point of the body at the floor line. 13.02(c) Be fastened to chassis frame side rails in such a manner as to develop the full strength of the bumper section from a rear or side impact. Bracing materials shall have an impact ratio comparable to that of the bumper material and shall be fastened at the ends and radii of the bumper, attached to the side of the frame only, and not to the body at any point. 13.02(d) Extend beyond the rear-most part of the body surface at least 1-inch, measured at floor lines. 13.02(e) Not allow spaces, projections, or cutouts that will permit a hand-hold or foothold. 13.02(f) Have the front ends enclosed by end caps or other protective metal or have the ends rounded or tucked in and shall be free from sharp edges or projections likely to cause injury or snagging. 13.02(g) Have a gasket, rubber, or equivalent, installed to close the opening between the top of the rear bumper and body metal. 13.02(h) Be of sufficient strength to permit being pushed by another vehicle of similar size.

The bumper shall be of sufficient strength to ensure that the rear of the bus may be lifted by means of a bumper-type jack without permanent deformation of the bumper. 13.3 Bumper stickers and/or signage are considered advertising. Consistent with Rule 30.09(a) of these rules, advertising must have prior written CDE approval. 13.03(a) One bumper sticker, no larger than 3.75 inches by 15 inches, may be included on the rear bumper of school transportation vehicles. 13.03(b) An American flag sticker, no larger than 7 inches by 11 inches, may be included on school transportation vehicles, consistent with the limitations outlined in Rule 30.09(a), of these Rules. 13.03(c) Bumper stickers and/or signage shall not be located in the rear windows of the school transportation vehicles. 13.03(d) Bumper stickers and/or signage that do not comply with the above exemptions will need to be remediated. 14.0 Color 14.1 All exterior metal shall be painted National School Bus Glossy Yellow (NSBY) except for: 14.01(a) Lettering and numbering shall be black, white, or yellow for the bumper area. 14.01(b) Bumpers and frames shall be black. 14.01(b)(1) Exception: Bumpers may be colored blue or green to reflect the type of fuel being used in the vehicle. 14.01(c) Rub rails shall be black or yellow. 14.01(c)(1) Exception: Rub rails may be colored blue or green on an electric vehicle (EV) or to reflect the type of fuel being used in the vehicle. 14.01(d) The background area for alternating flashing warning lights shall be black. 14.01(e) The roof of the bus may be painted white, not to extend below the drip rails on the sides of the body. 14.01(f) Student window frames, post and service door frame may be black. 14.01(g) The hood of the bus may be painted matte black. 15.0 Cooling System 15.1 A permanent ethylene-glycol base or environmentally safe equivalent anti-freeze shall be provided to protect the cooling system to -30 degrees Fahrenheit when tested at normal engine temperature. 15.2 The cooling system shall be equipped with a visual fluid level indicator. 16.0 Defrosters 16.1 A defroster system shall be installed of sufficient capacity to keep the windshield area, the left front side window to the rear of the driver's vision, and the service door glass area free of condensation or ice. 16.2 The defrosting system shall conform to the requirements of the Society of Automotive Engineers, Inc. (SAE) J381-202006. 16.3 A minimum of one and no more than three adjustable 6-inch auxiliary fans shall be installed to complement the defroster system used by the manufacturer. Such fans shall be controlled individually by two-speed switches located on the control panel. The fan blade shall be covered with the protective cage. 16.3(a) The fans shall be located to not interfere with the driver's horizontal line of sight vision. 17.0 Doors 17.1 The service door shall be power or manually operated, under the control of the driver, and so designed to afford easy release and prevent accidental opening. When the manual lever is used, no parts shall come together to sheer or crush fingers. 17.2 Manual door controls shall not require more than 25 pounds of force to operate at any point throughout the range of operation as tested on a 10% grade both uphill and downhill. Power door controls shall be located within easy access of the driver. 17.3 The service door shall be located on the right side of the bus opposite the driver and within the driver's direct view. 17.4 Power-operated doors shall be equipped with a separate manual emergency release, readily accessible in the door area, either above the service door, to the side of the service door, or on the dash, so that the door may be opened in the event of an emergency. The release shall be plainly labeled with instructions for use. 17.5 There shall be a head bumper pad installed on the inside at the top of the entrance door. The pad shall be approximately three inches wide (high), at least one inch thick, and extend across the entire top of the service door opening. 18.0 Drive Shaft 18.1 Each drive shaft or section thereof shall be equipped with adequate metal guard(s) to prevent whipping through the floor or dropping to the ground if broken. 19.0 Electric Drive High Voltage Specs (EV) 19.1 An electric-powered school transportation vehicle shall meet all Federal Motor Vehicle Safety Standards and all SAE standards that are applicable at the time of manufacture. 19.2 EV-Specific Labeling 19.02(a) Each door, cover, or other panels that afford immediate access to any high voltage area shall be plainly marked with a hazard warning label which shall read WARNING-HIGH VOLTAGE or DANGER - HIGH VOLTAGE. This label shall be in a highly conspicuous place. All high-voltage access areas shall be equipped with a lock or otherwise secured to prevent unauthorized access. 19.02(b) An EV identifying label shall be affixed to the right rear corner of the bus body.

An additional label shall be applied to the right side of the bus rear of the entrance door and to the left side of the bus in front of the driver's window. 19.3 EV High Voltage Drive System Batteries 19.03(a) EV High Voltage Batteries shall not be in or accessible from the interior of the school bus. 19.03(b) Energy storage for the EV High Voltage Drive System shall be protected from crash impacts and shall be encased in a non-conductive, acid-resistant compartment.

This compartment shall be well-ventilated to preclude the possibility of hydrogen gas buildup. Energy storage shall be in an area and in such a way as to provide ease of service. 19.03(c) EV High Voltage Batteries shall require automatic electrical isolation in the case of a vehicle crash. 19.03(d) EV High Voltage-Powered Vehicles: Buses utilizing a high voltage propulsion system (more than 48 nominal volts) shall meet the requirements of FMVSS 305, Electric Powered Vehicles: Electrolyte Spillage and Electrical Shock Protection, except for the following: 19.03(d)(1) The propulsion power source (batteries, fuel cells, etc.) shall be located outside the passenger compartment. 19.03(d)(2) The propulsion power source enclosure shall be constructed to conform to the power source manufacturer’s requirements and recommendations. 19.03(d)(3) Due to the much larger size and quantities of the propulsion power sources on larger vehicles, buses over 10,000 lbs. are permitted to exceed the 5.0-liter spillage. Electrolyte damage from propulsion batteries and the requirements to statically rotate the vehicle on its longitudinal access post-test. 19.4 EV High Voltage Wiring Standards and Protection 19.04(a) Wire, cable, and conductor insulation in the High Voltage System shall provide adequate insulation for the voltage used and for ambient temperatures ranging from -15 degrees Fahrenheit to 120 degrees Fahrenheit. All high voltage circuits shall be bright orange in color or otherwise labeled as HIGH VOLTAGE. All high-voltage circuits shall provide adequate and automatic protection against electrical overloads caused by short circuits or other excessive current conditions through the use of fuses, circuit breakers, and ground fault interruption. 19.04(b) The EV Drive System shall have a system for protecting system components from thermal damage due to electrical overload. This system shall include temperature sensors at critical points and be capable of reducing EV Drive System electrical power when necessary. 19.04(c) The EV High Voltage System shall be designed so that when the ignition switch is off or in accessory mode, the propulsion motor is positively disconnected. All other accessories powered by the main propulsion battery circuit shall remain operable when the ignition switch is in accessory mode. 19.04(d) All buses shall be equipped with an additional manual and automatic switch or device independent of the propulsion motor disconnect controls that permit the positive disconnection of all circuits from the Drive System Batteries. This switch shall be operable from outside the vehicle. Each door or panel providing access to this switch shall be plainly marked to indicate that it is a main-power-disconnect switch or device. 19.04(e) The ignition switch circuit shall be linked to the Battery Management System and shall prevent driving the vehicle while it is connected to an external battery charging source. 19.04(f) The charging connection point shall be outside the passenger compartment. 19.04(g) The High Voltage System shall be designed to prevent the passenger compartment from becoming energized. 19.04(h) Battery packs shall be cooled and heated as necessary to maintain proper operating temperatures. 19.5 EV Instrumentation 19.05(a) In addition to the required gauges, the instrument display panel must also contain an indication showing the state of charge (power and/ or range). 19.05(b) The instrument display panel shall have a warning light that indicates when an EV drive system component exceeds a safe temperature. The warning light should illuminate prior to critical temperature to allow sufficient time to safely stop the bus. 19.05(c) The instrument display panel shall have a warning light that indicates when an EV Drive System has a mechanical or electrical fault. 19.6 EV Range 19.06(a) All electric school buses shall have an OEM design that is capable of operating with a range of 100 miles or more on a current charge. 19.7 Sound Generation 19.07(a) All electric school buses shall comply with FMVSS 141 producing sound while in motion below 20 mph. 19.8 Propulsion System 19.08(a) The propulsion system on all-electric school buses shall be of sufficient power to propel the vehicle fully loaded up to 65 mph. 19.08(b) The propulsion system may be mounted utilizing a normal drivetrain or positioned in a way to provide direct power to the wheels. All propulsion systems must be contained below the floor line and cannot come into contact with the road surface. 19.9 Brakes 19.09(a) On electric school buses, brakes may produce regenerated power. 19.09(b) Park brake testing procedure: 19.09(b)(1) Allow the brake system air pressure to build to at least 100 psi. 19.09(b)(2) Place the drive selector of the vehicle in low gear, release the parking brake, and drive the vehicle forward to a speed of three (3) to five (5) mph. 19.09(b)(3) While in motion place the vehicle in neutral and engage the parking brake and the vehicle should stop. 19.10 Passenger Heating System 19.10(a) On electric school buses the heating system must be capable of meeting performance and design standards without a fuel-fired heater. See Section 27.0 of these 19.10(b) Heating systems that are independent of other cooling system functions may forgo the use of manual shutoff valves to the passenger compartment as long as the flow of coolant can be stopped by means of a heating system shut down or an electric heater control valve. 20.0 Emergency Equipment 20.1 All school transportation vehicles, except for small-capacity vehicles, shall be equipped with at least one pressurized, five-pound, dry-chemical fire extinguisher, with a total rating of not less than 2A10BC. The operating mechanism shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher. 20.01(a) The fire extinguisher shall be securely mounted in an extinguisher bracket (automatic type) and located in full view of and readily accessible to the driver within the cab, or in a location plainly indicated by appropriate signage. A pressure gauge shall be mounted on the extinguisher to be easily read without removing the extinguisher from its mounted position. 20.01(b) Fire extinguishers shall be inspected annually for charging and certification to standards by a certified fire extinguisher technician. 20.2 Small-capacity vehicles shall be equipped with one securely mounted, 2 ½ pound, dry chemical fire extinguisher with a minimum rating of 1A10BC. 20.3 First Aid Kit: All school transportation vehicles shall carry one First Aid Kit which shall be securely mounted in full view of the driver or with the location plainly indicated by appropriate signage.

Additional kits may be installed. The kit(s) shall be mounted for easy removal. 20.03(a) The kit shall be sealed. The seal verifies the integrity of the contents without opening the kit. The seal shall be designed to allow easy access to the kit’s contents. If zip ties are used to seal the kit, they must be breakaway zip ties. 20.03(b) Consideration should be given to replacing items in the First Aid Kit every 36 months due to the breakdown of materials.

Contents of the 24-Unit First Aid Kit:

Item Unit(s)

Adhesive tape 1 1-inch bandage compress 2 2-inch bandage compress 1 3-inch bandage compress 1 4-inch bandage compress 1 4-inch x 3-inch plain gauze pads 1 Gauze roller bandage 2-inch wide 2 Plain absorbent gauze -½ square yard 4 Plain absorbent gauze- 24-inch by 72 inches 3 Triangular bandages 4 Scissors, Tweezers 1 Space rescue blanket 1 Non-latex disposable pair of gloves 1 CPR mask or mouth to mouth airway 1 Moisture and dustproof kit of sufficient capacity to store the required items. 20.4 Emergency Reflectors: All school transportation vehicles shall carry three bidirectional emergency triangle reflectors in compliance with Section 42-4-230, C.R.S. and with FMVSS 125, contained in a securely mounted case easily accessible to the driver or in a location plainly indicated by appropriate markings. 20.5 Body Fluid Cleanup Kit: All school transportation vehicles shall have a one removable body fluid cleanup kit accessible to the driver, within the cab, or in a location plainly indicated by appropriate signage.

Contents of the Basic Body Fluid Clean-Up Kit:

Item Unit(s)

Antiseptic towelette 1 Disinfected towelette 1 Absorbing powder (capable of 1/2-gallon absorption) 1 Non-latex disposable pair of gloves, pair 1 Disposable wiper towels 2 Disposable scoop bag with closure mechanism and scraper Moisture and dustproof container of sufficient capacity to store the required items. 20.05(a) Consideration should be given to replacing items in the Body Fluid Cleanup Kit every 36 months due to the breakdown of materials. 20.6 All school transportation vehicles shall be equipped with one durable webbing cutter having a fullwidth handgrip and a protected blade. The cutter shall be mounted in a location accessible to the seated driver. 20.6 (a)Seat belt cutters shall be replaced after they have been used, or if there is any sign of rust or corrosion on the blade. 20.7 Emergency Equipment shall be securely mounted, clearly visible, or in a location plainly indicated by appropriate signage 21.0 Emergency Exits 21.1 All emergency exits shall conform to FMVSS 217. 21.2 A district, charter school, and service provider may choose to have more emergency exits installed. 21.3 Emergency doors may be installed in place of emergency windows. 21.03(a) Emergency door(s) shall be equipped with a three-point latch mechanism. The inside door handle shall be designed with a guard for protection against accidental release. 21.03(b) The exterior door handle shall be of a permanent hitch-proof design and mounted with enough clearance to permit opening without touching the door surface. 21.03(c) All emergency door openings shall be completely weather-stripped. No obstruction shall be higher than 1/4 inch across the bottom of any emergency door opening. 21.03(d) A head bumper pad shall be installed over the emergency door on the inside of the bus body. The pad shall be approximately 3-inches wide (high), at least 1-inch thick, and extend across the entire top of the emergency door opening. The padding shall be of the same materials as the padding used over the service door. 21.03(e) The rear emergency door shall contain upper and lower glass panels that comply with FMVSS 205. Glass in the emergency door shall provide the maximum area of visibility for the safe operation of the bus. 21.03(f) The emergency window glass shall meet FMVSS 205. Glass shall be tempered unless specified laminated by the purchaser. 22.0 Exhaust System 22.1 The tailpipe shall not exit the right side of the bus body. 22.2 The exhaust system shall be insulated in a manner to prevent any damage to any fuel system component. 22.3 There shall be a switch to manually start the diesel particulate filter regeneration process. 22.4 The tailpipe shall be flush with but not extend more than one inch beyond the perimeter of the body for side exit or the bumper for rear exit. 22.5 Tailpipe shall not exit beneath any fuel filler location or beneath any emergency door or lift door. 23.0 Floor Coverings 23.1 The floor in the under-seat area, including tops of wheel housings, driver’s compartment, aisle, and the kick board shall be covered with fire-resistant rubber floor covering or equivalent that is non-skid and wear-resistant. 23.2 The floor covering in the aisle shall be fire-resistant rubber or equivalent, non-skid, wear-resistant, and ribbed. The minimum overall thickness shall be .1875 inches measured from the tops of the ribs. 23.3 The floor covering shall be permanently bonded to the floor and must not crack when subjected to sudden changes in temperatures. Bonding or adhesive material shall be waterproof and shall be of the type recommended by the manufacturer of floor covering material. All seams must be sealed with a waterproof sealer. 23.4 Cove molding or new and emerging coatings shall be used along the side walls and rear corners.

All floor seam separations shall be properly bonded or secured. 23.5 The entrance step treads, including the edge at floor level, shall be of the same quality as the aisle material. Step treads shall have an integral white or yellow nosing of 1 ½ inch or more or use diagonal stripes. Treads shall be permanently bonded to the metal steps and sealed to prevent water from getting underneath the step tread. 23.05(a) New and emerging coatings may be used in lieu of step treads but shall incorporate white or yellow nosing. A sealed and insulated plate shall be provided when required to access the fuel tank sending unit. The plate shall not be installed under flooring material. Type A buses 14,500 GVWR and under are exempt. 24.0 Frame 24.1 No holes shall be permitted in the chassis rails except when drilled at the manufacturing plant or authorized by the manufacturer. 24.2 Any welding to the frame side rails that is necessary by design to strengthen, modify, or alter basic vehicle configuration shall be authorized and documented by the manufacturer. 25.0 Fuel System 25.1 All fuel tank specifications shall conform to FMVSS 301, FMVSS 303, FMVSS 305, National Fire Protection Association code 52, and/or National Fire Protection Association Code 58, as applicable. 25.2 The engine supply line shall not be mounted below the fuel tank. Wiring shall be hidden whenever possible. 25.3 The fuel fill cap opening in the body skirt shall be equipped with a hinged cover held closed by a spring or other conveniently operated. Type A buses under 14,500 GVWR and small-capacity vehicles are exempt. 26.0 Handrail 26.1 For Type A, B, C, and D buses an assist handrail not less than 20 inches in length designed to provide maximum loading assistance, shall be provided in an unobstructed location inside the service door. 26.2 At least one handrail shall be installed inside the service door. The handrail shall be a minimum of 1-inch in diameter and be constructed from corrosion-resistant material(s). The handrail(s) shall assist passengers during entry or exit and shall be designed to prevent entanglement, as evidenced by the passing of the NHTSA String and Nut Test. 26.3 The handrail may be offered in a color provided by and applied by the manufacturer. 27.0 Heating System 27.1 All school buses shall be equipped with two or more hot water heaters capable of delivering water to the system at a rate of six gallons per minute using an ambient temperature of 0 degrees Fahrenheit to +10 degrees Fahrenheit and maintaining passenger compartment temperature of 50 degrees Fahrenheit. One of the heaters shall be in the rear half of the bus on or behind the rear wheel axle line. This standard must be obtained without a secondary heating source. 27.01(a) Lift-equipped buses may place the rear heater under the last row of seats or wall mount. The front heater may be wall-mounted. 27.2 Buses shall be equipped with front heater(s) and integrated defroster system of capacity to provide heat for the front part of the bus (including the driver’s compartment) and to keep the windshield area, service door glass, driver’s left glass area, and step well clear of moisture, ice, and snow. 27.3 Heater cores and fans shall be completely encased but designed to permit servicing heater assembly by removing all or part of the case. 27.4 Heater hose installation in the engine compartment shall include two shut-off valves shutting off coolant completely when necessary. 27.04(a) One shut-off valve mounted between the water pump outlet and heater hose connection. 27.04(b) One shut-off valve mounted between the motor block and the return heater hose connection. 27.04(c) Heater hoses shall be adequately supported to guard against excessive wear due to vibration. Hoses shall not rub against the chassis, body, or other edges. 27.5 The body manufacturer shall add the required amount of permanent ethylene glycol base or environmentally safe equivalent antifreeze after heaters have been connected to protect the cooling system of the bus to -30 degrees Fahrenheit tested at normal engine temperature. 27.6 A heater water flow regulating valve shall be installed for convenient operation by the driver. 28.0 Identification 28.1 School buses shall bear the words “SCHOOL BUS” in black letters at least eight inches high on both the front and rear of the body. Lettering shall be placed without impairment of its visibility. All lettering shall conform to Standard Alphabets for Highway Signs, Series B 2000. Lettering shall have a retro-reflective NSBY material background pursuant to Rule 36.1 of these rules. 28.2 School buses shall bear the name of the school district, charter school, and service provider on each side of the bus. The lettering must be black, standard, unshaded letters, and at least 5 inches in height. If there is insufficient space due to the length of the name of the school district, charter school or service provider, terms such as community, consolidated, and district may be abbreviated. 28.3 Small-capacity vehicles shall bear the name of the school district, charter school, and service provider plainly visible on each side of the vehicle. 28.4 The manufacturer's original rated capacity of the vehicle shall be printed to the left of the service door on the lower skirt in two-inch characters. The word “capacity” may be abbreviated.

(Example: Cap.48) 28.5 The numbering of individual buses for identification purposes is permissible. 28.6 Lettering and numerals shall be painted or may be pressure-sensitive markings of similar performance quality. 28.7 “STOP” shall be printed on the rear of the bus in letters at least eight inches high. “ON FLASHING RED” shall be printed below “STOP” in letters at least 4 1/2 inches high. An LED message panel giving safety messages to alert motorists may be used instead of the above lettering. These letters shall be placed in the area(s) visible to the approaching motorist. 28.8 The school district, charter school, and service provider logo may be placed above the side window drip line or along the side of the bus but shall not interfere with any required lettering. 28.9 Only signs and lettering specifically permitted by state law or regulation, and any marking necessary for safety and identification shall appear on the outside of the bus. 28.09(a) Advertising, approved by the local Board of Education, charter school’s or service provider’s governing board, may appear only on the side(s) of the bus in the following areas: 28.09(a)(1) The location and securement of the advertising shall have prior written CDE approval. 28.09(a)(2) The signs shall not extend from the body to allow a handhold or present a danger to pedestrians. 28.09(a)(3) The signs shall not interfere with the operation of any door, window, required lettering, lamps, reflectors, or other devices. 28.09(a)(4) The signs shall not be placed on side emergency door(s). 28.09(a)(5) Advertising signs shall not interfere with retro-reflective tape on the side of the bus. 28.09(a)(6) Bumper stickers and/or signage are considered advertising. Consistent with Rule 28.09(a)(1) of these rules, advertising shall have prior written CDE approval. 28.10 The exterior of the battery compartment shall be labeled with the word “Battery”. 28.11 Identification of fuel type shall be located outside and adjacent to the fuel filler opening. 28.12 Multifunction buses shall bear the words “ACTIVITY BUS” in black letters at least 8 inches high on both the front and rear of the body. Lettering shall be placed without impairment of its visibility.

All lettering shall conform to Standard Alphabets for Highway Signs, Series B 2000. 29.0 Insulation 29.1 The bus body shall be fully insulated in the roof including roof bows and all body panels.

Insulation 1-inch minimum thickness shall be fiberglass or equivalent and fire resistant. 30.0 Interior 30.1 Inside body height shall be 72 inches or more, measured metal to metal at any point on the longitudinal center line from front vertical bow to rear vertical bow. Type A school buses of 14,500 GVWR or less shall have 62 inches or more inside height, measured metal to metal. Neither measurement shall include air conditioning units. 30.2 The interior of a school transportation vehicle shall be free of all projections likely to cause injury.

Therefore, the use of low-profile interior cameras is encouraged. 30.3 Global Positioning System Tablets 30.03(a) Tablets shall be mounted in a location that will not interfere with the driver's vision. 30.03(b) Wiring for the tablet is to be routed to not interfere with controls, vision, or become a tripping hazard. Wiring shall be hidden whenever possible. 30.03(c) When the vehicle is placed in gear, the tablet may go black, but it is still permitted to give auditory directions. Once the vehicle is placed into “park” the screen may then become visible. Districts, charter schools, and service providers may opt to have the screen visible while driving to aid substitute and new operators. 31.0 Lamps and Signals 31.1 All lamps, signals, reflectors and their installation shall conform to the requirements of The Society of Automotive Engineers, Inc. (SAE) J2442. No lettering, symbols, or arrows, except manufacturer’s markings, shall be on any lens. 31.2 Tail and stop (brake) lamps: 31.02(a) The bus shall be equipped with four combination red stop/tail lamps. Two combination stop lamps shall have a lens diameter of at least seven- inches or 38.48 square inches. Two combination tail lamps shall have a lens diameter of at least 4 inches or 12 ½ square inches. 31.02(b) If the bus is equipped with a retarder, secondary braking system/or another system that supplements the service brake system, the four brake lamps shall be illuminated when the braking system or other supplemental system is activated. 31.3 Interior lamps: Interior lamps shall be provided which adequately illuminate the aisle. A separate lamp shall be provided in the step well. 31.4 Back-up lamps: Back-up lamps shall have a lens diameter of at least 7 inches or 38.48 square inches, or a 4-inch LED shall be provided. 31.5 Turn signal lamps: 31.05(a) The bus shall be equipped with two amber turn signals in front and two amber turn signals in the rear. The rear turn signal shall be at least 7 inches or a total of 38.48 square inches in diameter. 31.05(b) On buses over 30 feet, a minimum of one additional turn signal shall be mounted on each side below the window and behind the service door axis plane. 31.6 All school buses shall be equipped with an alternating flashing eight-way warning signal lamp system 31.7 The amber flashing warning signal lamps shall be energized manually by a switch. The flashing red warning signal lamp system shall be a sequential mode type. 31.8 The flashing warning signal lamp system shall have two pilot or indicator lights; one shall show amber light when the amber signal lamps are flashing and the other shall show red light when the red signal lamps are flashing. 31.08(a) The areas around the lens of each alternating flashing signal lamp shall be black. 31.08(b) Visors shall be provided and securely mounted to adequately shade and protect the dual-lamp assemblies from sunlight above but not to obstruct the rear and side effectiveness of the warning lamps. LED warning signal lamps are not required to use visors. 31.9 Type D rear engine buses shall have two hazard lamps each visible to the rear when the engine door is open. The lamps shall be wired to be illuminated when the main hazard lamp circuit is energized. 31.10 A white flashing strobe light may be installed on the roof of a school bus. An amber lens may be used upon approval of a local traffic regulatory authority. The light shall have a single clear lens emitting light 360 degrees around its vertical axis and may not extend above the roof more than eight inches. A manual switch and a pilot light must be included to indicate when the light is in operation. The lamp must not be capable of activating emergency traffic control light switches. 32.0 Mirrors 32.1 Exterior mirrors shall meet FMVSS 111. 33.0 Mounting, Body, and Chassis 33.1 Insulation material shall be placed at all attachment points between the body and chassis frame on all buses and shall be attached to the chassis frame or body to prevent movement under severe operating conditions. 33.2 The body front shall be attached and sealed to the chassis cowl to prevent the entry of moisture and gases. 34.0 Multifunction School Activity Bus 34.1 A Multifunction School Activity Bus, pursuant to rule 7.10 of these rules, shall meet the standard contained in these Minimum Standards. The Multifunction School Activity Bus shall comply with the following: 34.01(a) Color shall not be traditionally National School Bus Glossy Yellow as required by Rule14.1 of these rules. 34.01(b) Shall not have the identification of “SCHOOL BUS,” as required by Rule 28.1 of these rules. 34.01(c) Shall not have the identification of “STOP ON FLASHING RED,” as required by

Rule 28.7 of these rules. 34.01(d) Shall not have a school bus eight-way alternating flashing warning signal lamps, as required by Rule 31.6 of these rules. 34.01(e) Shall not have a stop signal arm, as required by Rule 42.1 of these rules. 34.01(f) Shall not be required to have the retro-reflective material color, as required by

Rule 36.3 of these rules. 34.01(f)(1) Exception: A Multifunction School Activity Bus is required to meet the requirements of Rule 36.4 of these rules. 35.0 Overall Size 35.1 The overall length of school buses shall not exceed 40 feet pursuant to Section 42-4- 504, C.R.S. 35.2 The overall width of the school bus shall not exceed eight feet six inches (8 ½ feet) pursuant to

Section 42-4-502, C.R.S. 36.0 Retro-Reflective material 36.1 Retro-reflective material shall be installed on the bus conforming to the requirements of FMVSS 131 and 217. 36.2 Rear of bus body: strips of between 1-inch and 2-inch retro-reflective NSBY material shall be applied horizontally above the rear windows and above the rear bumper, extending from the rear emergency exit perimeter marking outward to the left and right rear corners of the bus, with vertical strips applied at the corners connecting the horizontal strips. 36.3 “School Bus” signs: shall be marked with retro-reflective NSBY material comprising background for the lettering of the front and/or rear “School Bus” signs. 36.4 Sides of the multifunction bus body shall be marked with white retro-reflective material at least 1 ¾ inches in width, extending the length of the bus body and located (vertically) as close as practicable to the floor line. 36.5 Sides of the school bus body: shall be marked with retro-reflective NSBY material at least 1 ¾ inches in width, extending the length of the bus body and located (vertically) as close as practical to the floor line 37.0 Rub Rails 37.1 There shall be one rub rail located on each side of the bus at approximately seat level which shall extend from the rear side of the service door completely around the bus body (except for emergency and/or access door) to the point of curvature near outside cowl on the left side. 37.2 There shall be one rub rail located at approximately the floor line which shall cover the same longitudinal areas as the upper rub rail, except at the wheel housing, and shall extend at least to the radii of the right and left rear corners 37.3 There shall be one rub rail located on each side of the bus at the bottom of the side skirts, or a side skirt stiffener of equivalent strength 37.4 Rub rails shall be attached at each body post and all other upright structural members. 37.5 Rub rails shall be four inches or more in width, 16-gauge steel, or equivalent strength, constructed in corrugated or ribbed fashion, and shall be self-draining. 37.6 Rub rails shall be applied to the outside of the body panels. Pressed-in or snap-on rub rails do not satisfy this requirement. 38.0 Seats/Restraining Barriers 38.1 Type A school buses shall be equipped with restraining barriers conforming to FMVSS 222. 38.2 No bus shall be equipped with any type of seats that are not secured to the floor by the manufacturer. 38.3 The forward-most pupil seat on the right side of the bus shall be located not to interfere with the driver's vision. The seat shall not be farther forward than the barrier behind the driver or the rear of the driver's seat when adjusted to its rear-most position. 38.4 Use of a flip seat at any side emergency door location and conformance with FMVSS 222, including required aisle width to the side door, is acceptable. Any flip seat shall be free of sharp projections on the underside of the seat bottom. The underside of the flip- up seat bottoms shall be padded or contoured to reduce the possibility of snagged clothing or injury during use. Flip seats shall be constructed to prevent passenger limbs from becoming entrapped between the seat back and the seat cushion when in the upright position. The seat cushion shall be designed to rise to a vertical position automatically when not occupied. 38.5 School bus student seats and seat spacing shall meet FMVSS 222. 38.6 School bus seat materials shall meet FMVSS 302. 38.7 Integrated child seats shall not be installed at an emergency exit. 38.8 Each individual wheelchair securement system shall consist of materials from one brand only. 39.0 Specially Equipped Buses 39.1 Aisles 39.01(a) All school buses equipped with a power lift shall provide a minimum 30-inch pathway leading from any wheelchair position to at least one 30-inch-wide emergency exit door. 39.2 Identification 39.02(a) Specially equipped buses shall display the International Symbol of Accessibility on all four sides of the bus. 39.02(a)(1) Such emblems shall be white on a blue or black background and shall not exceed 12 inches square in size. 39.02(b)(2) Such emblems shall be of high-intensity retroreflective material meeting the requirements of the Federal Highway Administration’s Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, FP- 24. 39.3 Lighting 39.03(a) Doorways in which lifts are installed shall be equipped with a special interior light that is located above the lift, and that provides a minimum of two-foot candles of illumination measured on the floor of the bus immediately adjacent to the lift during lift operations. 39.4 Power Lifts and Ramps 39.04(a) The power lift shall be located on the right side of the bus body. 39.04(b) Vehicle Lift and installation 39.04(b)(1) Vehicle lifts and installations shall comply with the requirements set forth in 49 C.F.R., 571.403 and 49 C.F.R., 571.404. 39.04(b)(2) The lifting mechanism(s) and platform shall be capable of operating effectively with a wheelchair and occupant mass of at least 600 pounds per 49 C.F.R., 38.23 and 38.159. 39.04(c) A ramp device may be used in lieu of a mechanic lift if the ramp meets all of the requirements of the Americans with Disabilities Act (ADA) as found in 36 C.F.R., 1192.83. 39.04(c)(1) The floor of the ramp shall be covered with non-skid material. 39.04(c)(2) The ramp shall be of weight and equipped with a handle or handles to permit one person to put the ramp in place and return it to the storage location. 39.04(c)(3) The ramp shall be equipped with a protective flange on each longitudinal side to keep the wheelchair on the ramp. 39.5 Special Service Entrance 39.05(a) Power lift-equipped bodies shall have a special service entrance to accommodate the power lift. 39.05(b) The special service entrance and door shall be located on the right side of the bus and shall be designed so as not to obstruct the regular service entrance. 39.05(c) The opening may extend below the floor through the bottom of the body skirt. If such an opening is used, reinforcements shall be installed at the front and rear of the floor opening to support the floor and give the same strength as other floor openings. 39.05(d) Drip molding shall be installed above the special service entrance to effectively divert water from the entrance. 39.05(e) Door posts and headers at the special service entrance shall be reinforced sufficiently to provide support and strength equivalent to the areas of the side of the bus not used for the special service entrance. 39.6 Special Service Entrance Doors 39.06(a) A single door or double door may be used for the special service entrance. 39.06(b) A single door shall be hinged to the forward side of the entrance unless this would obstruct the regular service entrance. If the door is hinged to the rearward side of the doorway, the door shall utilize a safety mechanism that will prevent the door from swinging open should the primary door latch fail. 39.06(c) If double doors are used, the system shall be designed to prevent the door(s) from being blown open by the aerodynamic forces created by the forward motion of the bus and/or shall incorporate a safety mechanism to provide secondary protection should the primary latching mechanism(s) fail. 39.06(d) All doors shall have a positive fastening mechanism to hold the door(s) in the “open” position when the special service entrance is in use per 21.03(a) of these rules. 39.06(e) All doors shall be weather-sealed, per 21.03(c) of these rules. 39.06(f) When manually operated dual doors are provided, the rear door shall have at least a one-point fastening mechanism to the header, and the forward- mounted door shall have at least three one-point fastening mechanisms per 21.03(a) of these rules. 39.06(f)(1) One fastening mechanism shall be to the header, one to the floor line of the body, and the other shall be into the rear door. 39.06(g) The door and hinge mechanism shall have strength that is greater than, or equivalent to, the strength of the emergency exit door. 39.06(h) Door materials, panels, and structural components shall have strength equivalent to conventional service and emergency exit doors. 39.06(h)(1) Color, Rub rail extensions, lettering, and other exterior features shall match adjacent sections of the body. 39.06(i) Each door shall have windows set in a waterproof manner that are visually similar in size and location to adjacent non-door windows per 21.03(e) of these rules. 39.06(i)(1) Glazing shall be of the same type and tinting (if applicable) as standard fixed glass in other body locations per 21.03(f) of these rules, 39.06(j) Door(s) shall be equipped with a device that will actuate an audible or visible signal located in the driver’s compartment when the door(s) is not securely closed, and the ignition is in the “on” position. 39.06(k) A switch shall be installed so that the lift mechanism will not operate when the lift platform door(s) is closed. 39.06(l) Special service doors shall be equipped with padding at least three inches wide and one-inch thick at the top edge of the door opening and shall extend the full width of the door opening. 39.7 Support Equipment and Accessories (New Information) 39.07(a) If transporting oxygen that is not in use, the oxygen shall be secured.

Consideration should be given to utilizing a securement device meeting SAE J3043, if applicable. 39.8 Wheelchair Tie-Down and Occupant Restraint System (WTORS) 39.08(a) Each individual wheelchair securement system shall consist of materials from one brand or manufacturer only. 39.08(b) Each wheelchair tie-down and occupant restraint system shall be designed, installed, and operated with forward-facing, wheelchair-seated passengers. 39.08(b)(1) All wheelchair tie-down and occupant restraint systems shall comply with all applicable requirements of FMVSS 222, FMVSS 302, and SAE J2249. 39.08(c) Wheelchair securement positions shall be located so that wheelchairs and their occupants do not block access to the lift door. 39.08(d) When the wheelchair tie-down occupant restraint system (WTORS) is not in use, the WTORS shall be secured. A storage device should be used to keep the WTORS clean, secure within the passenger compartment, and readily accessible. 39.08(e) Each wheelchair position in a specially equipped school bus shall have a minimum clear floor area of 30 inches laterally by 48 inches longitudinally. Additional floor area may be required for some wheelchairs per 49 C.F.R., 38.23 and 38.159. 39.08(f) Occupant Restraint System: If the upper torso belt anchorage is higher than 44 inches measured from the vehicle floor, an adjustment device shall be supplied as part of the occupant restraint system. 40.0 Steering Gear Assembly 40.1 All school bus chassis, and all passenger capacities, shall be equipped with heavy-duty, trucktype integral power steering. Power steering components shall be compatible with GVW. 40.2 No changes shall be made to the steering apparatus that are not authorized in writing by the manufacturer. 40.3 There shall be a clearance of at least two inches between the steering wheel and any other surface or control. 41.0 Steps 41.1 The first service doorstep shall be not less than ten inches from the ground while the vehicle is in motion and not more than 16 inches from the ground when measured from the top surface of the step to the ground. An auxiliary step may be provided to compensate for the increase in groundto-first step clearance. The auxiliary step is not required to be enclosed. 41.2 Step risers shall not exceed a height of 10 inches. When plywood is used on the top step, the riser height may be increased by the thickness of the wood. 41.3 The surface of the steps shall be of non-skid material. 42.0 Stop Signal Arm 42.1 The stop signal arm shall meet FMVSS 131. The stop signal arm may extend up to but shall not exceed 6 1/2 feet in length from the side of the bus. 42.2 Rubber spacers shall be installed on either the side of the bus or the stop arm to prevent the sign from making abrasive contact with the side of the bus. 42.3 The wind guard shall be provided to keep the sign in the retracted position. 43.0 Storage Compartment 43.1 A metal container of adequate strength and capacity for the storage of tire chains, tow chains, and such tools as may be necessary for minor emergency repairs while the bus is en route may be provided. The storage container may be located either inside or outside the passenger compartment. If inside, the storage compartment shall be securely fastened to prevent the contents from spilling and shall have a latched or secured cover other than a seat cushion. 44.0 Sun Visor 44.1 An interior, adjustable, sun visor shall be installed not less than six inches wide and 30 inches long. Type A school buses 14,500 GVWR or less shall have a sun visor according to the manufacturer's standard size. 45.0 Tires and Rims 45.1 Minimum tire and rim sizes for vehicles with a 10,000 GVWR or greater, shall be in accordance with FMVSS 120. 45.2 Type B, C, and D school buses shall have dual rear tires. 45.3 All wheels shall be one-piece disc type. 46.0 Tow Hooks 46.1 Two heavy-duty tow hooks/loops shall be factory installed on the front of Type C and D buses. 46.2 Two heavy-duty tow hooks/loops shall be factory installed on the rear of school buses. 46.3 Hooks/loops shall not extend beyond the front or rear bumper of any school bus. 47.0 Undercoating 47.1 The entire underside of the bus body, including floor sections, cross members, and below-floor line side panels, shall be coated with rust-proofing material. 47.2 The undercoating material shall be applied with a suitable airless or conventional spray equipment as per manufacturer-recommended film thickness and shall show no evidence of voids in the cured film. 47.3 The undercoating materials shall not cover any exhaust components of the chassis. 48.0 Ventilation 48.1 School transportation vehicles more than 20 feet in length shall be equipped with a multi-speed powered exhaust roof ventilator or powered vent fan in the roof hatch, mounted in the rear half of the bus. 49.0 Windshield Wipers and Washers 49.1 The wipers shall be operated by one or more air or electric motors. If one motor is used, the wiper shall work in tandem to give a full sweep of the windshield. 49.2 All wiper controls shall be located within easy reach of the driver and designated to move blades from the driver's direct view when in the stop position. 49.3 The system reservoir capacity shall be a minimum of one gallon. 50.0 Wiring 50.1 All wiring shall conform to the requirements of the Society of Automotive Engineers, Inc. (SAE)

J2202. 50.01(a) An appropriate identifying diagram (color plus a name or number code) for all chassis electrical circuits shall be provided to the body manufacturer for distribution to the end user. 50.01(b) A body wiring diagram, sized to be easily read, shall be furnished with each bus body or affixed to an area convenient to the electrical accessory control panel. 50.01(c) Each wire passing through a metal opening shall be protected by a grommet. 51.0 Incorporation by reference 51.1 The foregoing rules incorporate by reference the Federal Motor Vehicle Safety Standards (FMVSS), 49 C.F.R., Part 571 (as codified as of May 11th, 2023, unless an earlier version is applicable). They also incorporate by reference ADA regulations in 48 C.F.R., Part 38 and in 36 C.F.R. § 1192.83, as codified on the effective date of these rules. The foregoing rules do not incorporate by reference any later amendment or editions to the Federal Motor Vehicle Safety Standards or to the cited ADA regulations. The Federal Motor Vehicle Safety Standards and the cited ADA regulations are available at https://www.ecfr.gov/. They are also available for public inspection during regular business hours from the Colorado Department of Education, 201. Colfax Ave., Denver, Colorado 80203 51.2 The foregoing rules also incorporate by reference (1) certain standards promulgated by the Society of Automotive Engineers, Inc. (“SAE”), as published at https://www.sae.org/standards/;

(2) codes promulgated by the National Fire Protection Association and available at https://www.nfpa.org/for-professionals/codes-and- standards/list-of-codes-and-standards; and (3) the Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects, available at https://highways.dot.gov/federal-lands/specs; and (4) the Standard Alphabets for Highway Signs from the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, available at https://mutcd.fhwa.dot.gov/knowledge/hwy_sign_calculator/index.cfm. These standards are incorporated as they stood on May 30, 2024. The foregoing rules do not incorporate by reference any later amendment or editions to these standards. The incorporated standards are available at the foregoing websites and are available for public inspection during regular business hours from the Colorado Department of Education, 201 E. Colfax Ave., Denver, Colorado 80203. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/01/2007.

Entire rule eff. 04/30/2015.

Entire rule eff. 08/14/2023.

Entire rule eff. 10/30/2024.

1 CCR 301-26 Colorado Rules for the Operation, Maintenance, and Inspection of School Transportation Vehicles {#sec-1-ccr-301-26 omnilex-key=us-co-regs-official--department-4--1 CCR 301-26}

DEPARTMENT OF EDUCATION

COLORADO RULES FOR THE OPERATION, MAINTENANCE, AND INSPECTION OF SCHOOL

TRANSPORTATION VEHICLES

1 CCR 301-26 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose 1.1 Colorado law provides for the State Board of Education to adopt and enforce regulations governing the safe operation of school buses and school transportation vehicles used for the transportation of students pursuant to C.R.S. 22-51-108 and 42-4-1904. 1.2 The purpose of these rules is to adopt and enforce regulations governing the reasonable and adequate standards of safety for the operation, maintenance, and inspection of school transportation vehicles that promote the welfare of the students and afford reasonable protection to the public. These rules are designed to align with federal laws and standards, state laws and standards, reflect current industry practices, and incorporate recommendations from school districts, charter schools, and service provider transportation professionals. 1.3 The Commissioner, or designee, may provide an exemption to the Rules for the Operation, Maintenance, and Inspection of School Transportation Vehicles to the extent the Commissioner finds an exemption to be appropriate. 2.0 Applicability of Rules 2.1 These rules and regulations apply to the operation, maintenance, and inspection of all public school transportation conducted by: 2.01(a) A school district, charter school, or service provider for routes (home to school, school to school, and school to home); and 2.01(b) A school district, charter school, or service provider for activity trips (school- related events). 2.01(c) As used in these Rules, “service provider” means a company or individual that exclusively transports students from home to school, school to school, and school-related events that is hired by a school district or charter school. 2.2 These rules are not intended to include: 2.02(a) Private motor vehicles used exclusively to carry members of the owner’s household. 2.02(b) Transportation arrangements not authorized by the school district, charter school, or service provider, including but not limited to sharing of actual gasoline expense or participation in a car-pool; 2.02(c) The operations of vehicles in bona fide emergencies consistent with policies of the local board of education; 2.02(d) Transportation conducted by an individual for activity trips (school-related events), including parent volunteers and coaches or teachers using a private motor vehicle; or 2.02(e) Transportation provided by a company or individual as part of their operation as a common carrier (RTD, taxi, limousine, etc.) or transportation network company operating pursuant to C.R.S. 40-10.1-602, under the jurisdiction of the US Department of Transportation or the Public Utilities Commission; except that such service providers (other than public transit) that are contracted to provide route transportation carrying 12 or more students per route shall comply with these Rules without regard to the operator’s status as a common carrier. 2.3 These rules shall not preclude a school district, charter school, or service provider from establishing a more rigid standard or policy when deemed necessary by the local board of education or service provider. 3.0 Non-Compliance 3.1 CDE will perform periodic School Transportation Advisory Reviews (STAR) of school districts, charter schools, and service providers to evaluate and assist with compliance with these rules. 3.01(a) CDE will provide school districts, charter schools, and service providers with written notification of the STAR findings. 3.01(b) Upon receipt of the written notification of STAR findings, school districts, charter schools, and service providers shall respond in writing to outline corrective actions if necessary. 3.2 CDE shall revoke or suspend the certificate for a school transportation annual inspector, school transportation annual inspector hands-on tester, school transportation entry-level driver instructor, CDE ELDT hands-on trainer, or inspection site under the following circumstances: 3.02(a) A school transportation annual inspector, school transportation annual inspector handson tester, school transportation entry-level driver instructor, CDE ELDT hands-on trainer, or inspection site does not meet the requirements outlined in these rules: or 3.02(b) School transportation annual inspections, school transportation entry-level driver instruction, or hands-on training and tests have not been properly conducted. 4.0 School District, Charter School, and Service Provider Responsibilities 4.1 School districts, charter schools, and service providers shall outline job responsibilities and develop job qualification standards for each school transportation vehicle operator and school transportation paraprofessionals, annual inspector, and school transportation entry-level driver instructor, consistent with federal and state regulations. A copy of these requirements shall be provided to each school transportation vehicle operator, annual inspector, school transportation entry-level driver instructor, and paraprofessional upon employment. A signed copy shall also be maintained in the applicable qualification file. 4.2 School districts, charter schools, and service providers shall maintain separate files for each school transportation vehicle operator, school transportation paraprofessional, school transportation entry-level driver instructor, and school transportation annual inspector with written documentation evidencing all listed requirements indicated in Rule 5.00, Rule 6.00, Rule 7.00, and Rule 8.00, as applicable. Training documentation shall include the trainer’s name, date of the training, description of the training, duration of each topic covered, and the signature of all attendees. 4.02(a) If a school transportation vehicle operator, school transportation paraprofessional, or school transportation annual inspector works for more than one school district, charter school, service provider, or operator of an inspection site, each employer shall maintain a file with documentation in accordance with this rule. 4.3 Pursuant to 49 C.F.R., Part 382, school districts, charter schools, and service providers shall ensure that all employees required to possess a commercial driver’s license (CDL) are enrolled in the Federal Motor Carrier Administration Drug and Alcohol Clearinghouse, and in a US DOTapproved drug and alcohol substance abuse testing program. Supervisor Reasonable Suspicion Training is also required. 4.4 School districts, charter schools, and service providers shall not permit a school transportation vehicle operator to transport students while the operator’s ability or alertness is so impaired, through fatigue, illness, or any other cause, as to make it unsafe for the operator to transport students. 4.5 School districts, charter schools, and service providers shall have written emergency procedures and/or contingency plans to be followed in the event of a traffic accident, vehicle breakdown, unexpected school closing, unforeseen route change, or relocation of a student stop in an emergency. 4.6 School districts, charter schools, and service providers shall ensure that documentation outlining transportation-related services and requirements, including required use of Child Safety Restraint Systems and medical and behavioral information as it relates to student transportation, is available to applicable school transportation vehicle operators and paraprofessionals prior to providing transportation services. 4.06(a) Any paraprofessional assigned to support IDEA-eligible students must be appropriately and adequately prepared and trained to implement relevant provisions of a student’s individualized education program, which may include behavioral intervention, Personalized Learning Systems (PLS), or individualized health care plans pursuant to 34 C.F.R., 300.156. 4.7 Pursuant to 49 C.F.R., Part 380, 380.601, effective February 7, 2022, school districts, charter schools, and service providers shall ensure that all entry-level school transportation operators required to possess a commercial driver’s license (CDL) receive pre-service training in compliance with the FMCSA theory and behind-the-wheel training curricula via an entity listed on the FMCSA Training Provider Registry (TPR). 4.8 Service providers shall register with the Colorado Department of Education, School Transportation Unit, certifying that only school transportation vehicles meeting or exceeding Colorado Minimum Standards will be leased, rented, or used in contracted service to a school district, or charter school, providing transportation from home to school, school to school, and to school-related events in Colorado. There shall be no fee to register. Service providers are required to renew their registration every five years. 4.9 School districts, charter schools, and service providers shall require all transportation directors or other supervisory position(s) responsible for direct oversight of any aspects of transportation personnel, training, record keeping, fleet operations and maintenance, general operations, and policies to attend the CDE New to Transportation Class within the first 12 months of employment. 4.10 School districts, charter schools, and service providers shall conduct background checks pursuant to Section 22-32-122(4) C.R.S. or Section 22-32-109.8, whichever is applicable, on all supervisors, trainers, drivers, paraprofessionals, technicians, and dispatchers. Additionally, backgrounds may be checked through driving records, and employment history as applicable. 4.11 School districts, charter schools, and service providers are encouraged to utilize cameras on school transportation vehicles. When cameras are in use, districts, charter schools, and service providers should develop policies and procedures for reviewing, storing, retaining, and requesting access to the recordings. 5.0 School Transportation Vehicle Operations Requirements 5.1 School transportation vehicle operators driving any vehicle with a capacity of 16 or greater passengers (counting the driver) shall meet or exceed the following requirements: 5.01(a) The operator shall possess a valid commercial driver’s license (CDL) with the proper class and endorsement for the size and type of vehicle(s) to be driven and the associated Medical Examination Report required pursuant to the Federal Motor Carrier Safety Regulations, 49 C.F.R. 391.43. 5.01(b) The operator shall be a minimum of 18 years of age. 5.01(c) School districts, charter schools, and service providers shall obtain a motor vehicle record of each operator prior to transporting students and annually thereafter. Upon 5.01(d) The operator shall be given and/or have access to the CDE School Bus/Multifunction Bus/Motor Coach Bus Operator Guide prior to transporting students. A copy of the Certificate of Receipt, signed by the operator, shall be placed in the driver qualification 5.01(e) The operator shall receive a minimum of six hours of in-service training annually. A portion of this annual in-service requirement may occur during the school year. 5.01(f) The operator shall successfully pass a CDE School Bus/Multifunction Bus/Motor Coach Bus Operator written test for the current school year prior to transporting students and annually thereafter. 5.01(g) The operator shall successfully pass a driver performance test, including a pre-trip inspection, prior to transporting students and annually thereafter. This test shall be conducted in a vehicle that is similar in type and size to the vehicle the applicant is assigned to operate. School districts, charter schools, and service providers have the option to re-test at their discretion. 5.01(h) The operator shall receive pre-service training on the type of vehicle(s) to be driven, the type of duties they may be required to perform, mountain and adverse weather training pursuant to C.R.S. 42-4-1902, mandatory reporter training pursuant to C.R.S. 22-32- 109(1)(z), and student confidentiality laws under C.R.S. 22-1-123 and 22-32-109.3, prior 5.01(i) The operator shall have written documentation evidencing that they have received first aid training, including cardiopulmonary resuscitation and universal precautions, within 90 calendar days after initial employment. If the operator holds a current first aid and cardiopulmonary resuscitation certificate, it will meet the requirements of this section.

Operators shall receive first aid training and/or recertification training every two years thereafter 5.01(j) The operator shall receive training regarding the proper use of physical restraints and intervention of students, the proper use and maintenance of Child Safety Restraint transportation involving these systems and devices, prior to transporting students. 5.01(k) Effective February 7, 2022, entry-level commercial operators shall have a copy of their training certificate(s) and training syllabus from a training provider listed on the FMCSA Training Provider Registry (TPR) placed in their qualification file, indicating that they have passed all required FMCSA pre-service training. 5.2 School transportation vehicle route operators (transporting students to and from school or from school to school) driving vehicles with a capacity of 15 or fewer passengers (counting the driver), including Type A Multifunction Bus and Small-Capacity Vehicles, shall meet or exceed the following requirements: 5.02(a) The operator shall possess a valid driver’s license. A commercial license is not required for this class of vehicle. 5.02(b) The operator shall be a minimum of 18 years of age. 5.02(c) The operator shall annually complete the CDE Vehicle Operator’s Medical Information Form (STU-17). Any yes annotations shall require a doctor’s release. 5.02(d) School districts, charter schools, and service providers shall obtain a motor vehicle record of each operator prior to transporting students and annually thereafter. Upon 5.02(e) The operator shall be given and/or have access to the CDE Type A Multifunction Bus/ Small-Capacity Vehicle Route Driver Guide prior to transporting students. A copy of the Certificate of Receipt, signed by the operator, shall be placed in the driver qualification 5.02(f) The operator shall receive a minimum of six hours of in-service training annually. A portion of this annual in-service requirement may occur during the school year. 5.02(g) The operator shall successfully pass a CDE Type A Multifunction Bus/Small-Capacity Vehicle Route Operator written test for the current school year prior to transporting students and annually thereafter. 5.02(h) The operator shall pass a driving performance test, including a pre-trip inspection, prior to transporting students and annually thereafter. This test shall be conducted in a vehicle that is similar in type and size to the vehicle the applicant is assigned to operate. School districts, charter schools, and service providers have the option to re-test at their discretion. 5.02(i) The operator shall receive pre-service training on the type of vehicle(s) to be driven, the type of duties they may be required to perform, mountain and adverse weather training pursuant to C.R.S. 42-4-1902, mandatory reporter training pursuant to C.R.S. 22-32- 109(1)(z), and student confidentiality laws under C.R.S. 22-1-123 and 22-32-109.3, prior 5.02(j) The operator shall have written documentation evidencing that they have received first aid training, including cardiopulmonary resuscitation and universal precautions, within 90 calendar days after initial employment. If the operator holds a current first aid and cardiopulmonary resuscitation certificate, it will meet the requirements of this section.

Operators shall receive first aid training and/or recertification training every two years thereafter. 5.02(k) The operator shall receive training regarding the proper use of physical restraint and intervention of students, the proper use and maintenance of Child Safety Restraint transportation involving these systems and devices, prior to transporting students. 5.3 School transportation vehicle operators, other than route operators, driving vehicles with a capacity of 15 or fewer passengers (counting the driver), including Type A Multifunction Bus and Small-Capacity Vehicle, shall meet or exceed the following requirements: 5.03(a) The operator shall possess a valid driver’s license. A commercial license is not required for this class of vehicle. 5.03(b) The operator shall be a minimum of 18 years of age. 5.03(c) School districts, charter schools, and service providers shall obtain a motor vehicle record of each operator prior to transporting students and annually thereafter. Upon 5.03(d) The operator shall be given and/or have access to the CDE Type A Multifunction Bus/ Small-Capacity Vehicle Operator Guide prior to transporting students. A copy of the Certificate of Receipt, signed by the operator, shall be placed in the driver qualification 5.03(e) The operator shall successfully pass a Type A CDE Multifunction Bus/Small-Capacity Vehicle Operator written test for the current school year prior to transporting students and annually thereafter. 5.03(f) The operator shall annually complete the CDE Vehicle Operator’s Medical Information Form (STU-17). Any yes annotation shall require a doctor’s release. 5.03(g) The operator shall receive pre-service training on the type of vehicle(s) to be driven, the type of duties they may be required to perform, mountain and adverse weather training pursuant to C.R.S. 42-4-1902, mandatory reporter training pursuant to C.R.S. 22-32- 109(1)(z), and student confidentiality laws under C.R.S. 22-1-123 and 22-32-109.3, prior 5.03(h) The operator shall be given and/or have access to first aid information, including cardiopulmonary resuscitation and universal precautions. 5.03(i) The operator shall pass an initial driving performance test, including a pre- trip inspection, prior to transporting students. This test shall be conducted in a vehicle that is similar in type and size to the vehicle the applicant is assigned to operate. School districts, charter schools, and service providers have the option to re-test at their discretion. 5.03(j) Prior to driving a school transportation vehicle pursuant to 1 CCR 301-26, operators shall receive training or provide verifiable experience of towing a trailer. 5.03(k) The operator shall receive training regarding the proper use of physical restraint and intervention of students, the proper use and maintenance of Child Safety Restraint transportation involving these systems and devices before transporting students. 5.4 A school transportation paraprofessional is a person assigned to assist a school transportation vehicle operator in controlling the behavior of students on the bus and/or ensuring the safety of students getting on and off the school transportation vehicle. 5.04(a) The school transportation paraprofessional shall possess a state, government, district, charter, or service provider valid photo identification card. 5.04(b) The school transportation paraprofessional shall receive pre-service training for the type of duties they may be required to perform prior to assisting with transporting students.

This shall include mandatory reporter training pursuant to C.R.S. 22-32-109(1)(z) and student confidentiality laws under C.R.S. 22-1-123 and 22-32-109.3, 5.04(c) The school transportation paraprofessional shall be given and/or have access to the CDE Colorado School Transportation Paraprofessional Guide prior to assisting with transporting students. A copy of the Certificate of Receipt, signed by the paraprofessional, shall be placed in the paraprofessional qualification file. 5.04(d) The school transportation paraprofessional shall have written documentation evidencing that they have received first aid training, including cardiopulmonary resuscitation and universal precautions, within 90 calendar days after initial employment. If the paraprofessional holds a current first aid and cardiopulmonary resuscitation certificate, it will meet the requirements of this section. School transportation paraprofessionals shall receive first aid training and/or re-certification every two years thereafter. 5.5 School transportation vehicle operators and school transportation paraprofessionals are required to be able to perform all essential functions including emergency evacuations when transporting students as determined by the school district, charter school, or service provider job qualification standards. 5.05(a) The employing school district, charter school, or service provider has the authority to require at any time a medical evaluation or a physician release of a school transportation vehicle operator or school transportation paraprofessional for any condition that could impair the employee’s ability to operate a vehicle safely, assist the student(s) as required by their position, and/or perform other required job duties, and may take appropriate action on the outcome of such evaluation. 5.05(b) School transportation vehicle operators and school transportation paraprofessionals that have medical conditions that result in temporary loss of performance abilities shall provide return-to-work documentation from their physician, and any other requirements per school district, charter school, or service provider policy to the employing school district/service provide prior to returning to their assigned duties. 5.6 School transportation vehicle operators and paraprofessionals transporting students with special needs, when transportation is listed as a related service per the student’s Individual Education Plan (IEP) or 504 Plan, shall meet the following requirements: 5.06(a) Federal mandates pursuant to the Individuals with Disabilities Education Act (IDEA) 34 C.F.R. 300.323(d), and the Family Educational Rights and Privacy Act (FERPA) 34 C.F.R., 99.3(a)(1) require transportation staff that have received confidentiality training to receive information regarding transportation as a related service on an IEP or 504 Plan, as well as other pertinent medical or behavioral information. 5.06(b) The operator and paraprofessional shall receive pre-service training specific to transporting students with special needs. Training shall include characteristics of disabling conditions, the utilization of required equipment, techniques for behavior modification and de-escalation, and legal requirements related to special education transportation, in addition to district, charter, and service provider policies and procedures before transporting students with special needs. 5.06(c) The operator and paraprofessional shall receive training on emergency evacuation procedures for students with special needs and assistive devices. 5.06(d) The operator and paraprofessional shall receive training on the operation of the power lift, and the proper placement and securement of a wheelchair or mobility device on the power lift. 5.06(e) The operator and paraprofessional shall receive training on selecting the correct securement point(s) on wheelchairs, the proper use of the wheelchair tie-down occupant restraint system (WTORS), the proper use of restraints on students, and the proper use of all Child Safety Restraint Systems (CSRS), including the proper maintenance and storage of all assistive and securement devices. 6.0 School Transportation Entry-Level Driver Instructor Requirements 6.1 A CDE school transportation entry-level driver instructor is a person qualified to teach either the theory and/or the behind-the-wheel curriculum, pursuant to 49 C.F.R., 380, Appendix B, C, and D. 6.2 Pursuant to 49 C.F.R., 380.605, the CDE school transportation entry-level theory instructor shall (1) possess a valid commercial driver’s license with a Class B (or higher), School Bus and Passenger endorsements; and (2) have two years of verifiable experience operating a school transportation vehicle requiring a commercial operator’s license with a Class B (or higher), School Bus and Passenger endorsements in the State of Colorado. 6.02(a) Exception: A theory instructor is not required to hold a CDL of the same (or higher) class, and with all endorsements necessary to operate the CMV for which training is to be provided, if the instructor previously held a CDL of the same (or higher) class and complies with the other requirements set forth in this section. 6.3 The CDE school transportation entry-level driver theory instructor shall successfully complete the CDE entry-level theory instructor program initially, and every three years thereafter pass the CDE School Transportation Entry-Level Theory Instructor Recertification Written Test. 6.4 Pursuant to 49 C.F.R.,380.605, the CDE school transportation entry-level behind-the- wheel instructor shall (1) possess a valid commercial driver’s license with a Class B (or higher), and School Bus and Passenger endorsements; and (2) have two years of verifiable experience operating a school transportation vehicle requiring a commercial operator’s license with a Class B (or higher), and School Bus and Passenger endorsements in the State of Colorado. 6.04(a) Exception: A behind-the-wheel instructor who provides training solely on a range that is not a public road is not required to hold a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, as long as the instructor previously held a CDL of the same (or higher) class, and with all endorsements necessary to operate the CMV for which training is to be provided and complies with the other requirements set forth in this section. 6.5 The CDE school transportation entry-level driver behind-the-wheel instructor shall successfully complete the CDE entry-level behind-the-wheel instructor program initially, and every three years thereafter, pass the CDE School Transportation Entry-Level Behind-the-Wheel Instructor Recertification Written Test. 6.6 If any of the above requirements become invalid, the school transportation entry-level driver theory, and/or behind-the-wheel instructor certificate is invalid until the requirement(s) is made valid. 6.7 An entity on the Training Provider Registry shall submit the CDE Entry-Level School Transportation Instructor Recertification Form (STU-5 and STU-6) to CDE, verifying that all applicable instructor requirements have been satisfied. CDE will then re-issue the applicable Instructor Certificate. 6.8 If a school transportation entry-level driver instructor has an expired certificate, the certificate can be recertified as follows: 6.08(a) If the certificate has been expired less than six months, then the applicable CDE School Transportation Entry-Level Driver Instructor Recertification Written Test(s) is required. 6.08(b) If the certificate has been expired between six and 12 months, then the applicable CDE School Transportation Entry-Level Driver Instructor Program Written Test(s) is required. 6.08(c) If the certificate has been expired for more than one year, then the instructor must retake and pass the applicable CDE School Transportation Entry-Level Driver Instructor Program(s). 7.0 CDE Entry-Level Driver Training (ELDT) Hands-On Trainer 7.1 A CDE ELDT Hands-On Trainer is a person qualified to provide appropriate training and evaluation to prospective School Transportation ELDT Instructor candidates. 7.2 CDE ELDT Hands-On Trainers shall meet the following requirements: 7.02(a) The CDE ELDT Hands-On Trainer shall have maintained a CDE ELDT Instructor certificate for a minimum of two years. 7.02(b) The CDE ELDT Hands-On Trainer shall satisfactorily complete the CDE ELDT Hands-On Trainer instruction class. 7.02(c) The CDE ELDT Hands-On Trainer shall train at least two ELDT Trainers every three years or attend a CDE ELDT Hands-On Trainer class to recertify as a CDE ELDT Hands- On Trainer. 7.02(d) The CDE ELDT Hands-On Trainer candidate shall submit a CDE Application for Certification or Recertification of CDE ELDT Hands-On Trainer Form (STU-14 New form) verifying that the above criteria have been satisfied. CDE will then issue a CDE ELDT Hands-On Trainer Certificate. 7.3 If any of the above requirements become invalid, the Hands-On Trainer certificate is invalid until the requirement(s) are made valid by retaking the training class listed in 7.02(b). 8.0 School Transportation Annual Inspector Requirements 8.1 A school transportation annual inspector is a person qualified to perform annual inspections on a school transportation vehicle to confirm the vehicle complies with CDE regulations. 8.2 School transportation annual inspectors shall meet or exceed the following requirements: 8.02(a) The school transportation annual inspector shall possess a valid driver's license with the proper class and endorsements for the size and type of the vehicle(s) to be inspected. 8.02(b) The school transportation annual inspector shall provide to the school district, charter school, or service provider a Brake Inspector Qualification Certificate Meeting the requirements of the Federal Motor Carrier Safety Regulations, 49 C.F.R., 396.25. 8.02(c) The school transportation annual inspector shall have at least two years of verifiable experience in the maintenance of light, medium, or heavy-duty vehicles. 8.02(d) The school transportation annual inspector shall successfully pass the CDE initial handson performance test proctored by a certified school transportation annual inspector hands-on tester. 8.02(e) The school transportation annual inspector shall successfully pass the CDE annual inspector qualification written test initially and every three years thereafter pass a CDE annual inspector recertification written test. 8.02(e)(1) When the test is given in paper format, a representative of the school district, charter school, or service provider, other than a school transportation annual inspector candidate, shall grade the written test. 8.02(f) The school transportation annual inspector shall have training on the maintenance of electric vehicles prior to inspecting an electric vehicle. 8.3 A school district, charter school, service provider, or operator of an inspection site may submit a CDE application for CDE Annual Inspector Qualification or Recertification form (STU-20) to CDE verifying that the above requirements have been satisfied. CDE will then issue an Annual Inspector Certificate. 8.4 If any of the above requirements become invalid, the annual inspector certificate is invalid until the requirement(s) is made valid. 8.5 If a school transportation annual inspector has an expired certificate, the certificate can be recertified as follows: 8.05(a) If the certificate has been expired for less than six months, then the CDE Annual Inspector Recertification Written Test is required. 8.05(b) If the certificate has been expired between six to 12 months, then the CDE Annual Inspector Qualification Written Test is required 8.05(c) If the certificate has been expired for more than one year, then both the CDE Annual Inspector Qualification Written Test and the CDE hands-on performance test are required. 9.0 Annual Inspector Hands-On Tester 9.1 A School transportation annual inspector hands-on tester is a person qualified to proctor handson tests to annual inspector candidates. 9.2 School transportation annual inspector hands-on testers shall meet or exceed the following requirements: 9.02(a) The School transportation annual inspector hands-on tester shall have a current CDE Annual Inspector certificate and maintained it for a minimum of two years. 9.02(b) The school transportation annual inspector hands-on tester shall have satisfactorily completed a CDE school transportation annual inspector hands-on tester training. 9.02(c) The school transportation annual inspector hands-on testers shall have completed a minimum of four hours of verifiable medium/heavy brake system training in the last three years or have maintained an ASE School Bus or Medium/Heavy Duty Truck or Transit Bus Brake Certification. 9.02(d) The school transportation annual inspector hands-on tester candidate shall submit a CDE Application for the Qualification/Recertification of a CDE Annual Inspector Hands-On Tester Form (STU-30) verifying that the above criteria have been satisfied. CDE will then issue an Annual Inspector Hands-On Tester Certificate. 9.02(e) The school transportation annual inspector hands-on tester shall conduct at least two hands-on tests every three years or attend a CDE school transportation annual inspector hands-on recertification training to recertify as a school transportation annual inspector hands-on tester. 9.3 If any of the above requirements become invalid, the hands-on tester certificate is invalid until the requirement(s) is made valid by retaking the tester training class in rule 9.02(b). 10.0 Pre-trip/Post-trip Vehicle Inspections 10.1 Each school transportation vehicle shall have a daily pre-trip and post-trip inspection performed and documented by the school transportation vehicle operator or other transportation employee authorized by the school district, charter school, or service provider. A daily pre-trip inspection shall be completed prior to a vehicle being placed in service. A daily post-trip inspection shall be completed at the end of the daily operation of each vehicle. 10.2 The pre-trip and post-trip inspection requirements for school transportation vehicles, other than small-capacity vehicles, shall include, at a minimum, all items listed on the CDE School Transportation Vehicle (School Bus/Multifunction Bus/Motor Coach Bus) – Pre-Trip and Post-Trip Requirements Form (STU-9). 10.3 The pre-trip and post-trip inspection requirements for school transportation small- capacity vehicles shall include, at a minimum, all items listed on the CDE School Transportation Vehicle (Small-Capacity Vehicle) - Pre-Trip and Post-Trip Requirements Form (STU-8). 10.4 School districts, charter schools, and service providers shall have a procedure in place to verify that students are not left on an unattended school transportation vehicle. 11.0 Inspection Site Certification 11.1 A CDE Inspection Site Certificate is required at each facility/location where annual inspections for school transportation vehicles are performed. 11.2 The inspection site shall meet or exceed the following criteria to acquire and maintain an inspection site certificate: 11.02(a) The inspection site shall be large enough to accommodate the vehicle, equipment, and tools necessary to perform the inspection. 11.02(b) The inspection site shall have a floor surface or pad adequate to safely support the maximum weight of the largest vehicle to be inspected. 11.02(c) The inspection site shall have adequate lighting and ventilation. 11.02(d) The inspection site or inspector shall, at the time of inspection, have the equipment and tools necessary to properly complete the annual inspection. 11.02(e) The inspection site or inspector shall have tools designed and calibrated to take accurate readings of appropriate measurements, such as brakes and tires. 11.3 The operator of an inspection site shall submit a request for an inspection site certificate on the CDE Application for Inspecting Site Certification Form (STU-22) that the above criteria have been satisfied. 11.4 The operator of an inspection site shall post the CDE Inspection Site Certificate at the inspection site. 12.0 Annual Inspection 12.1 School districts, charter schools, and service providers shall ensure all school transportation vehicles and trailers, pursuant to 1 CCR 301-26 have a CDE annual inspection conducted by a CDE-certified annual inspector prior to transporting students and annually thereafter. 12.01(a) Recently purchased school transportation vehicles shall successfully pass a CDE annual inspection prior to transporting students, and then annually thereafter. 12.2 Annual inspection results shall be documented on the CDE Affidavit of Annual Inspection for School Transportation Vehicles Form (STU-25). 12.02(a) A copy of the current Affidavit must be maintained inside the vehicle, and a copy must be placed in the vehicle file. 12.3 All annual inspection criteria of school transportation vehicles must meet or exceed the manufacturer’s specifications. The annual inspection shall be documented and shall include, at a minimum, all fields listed on the CDE Annual Inspection and Preventive Maintenance Requirements Form (STU-26). 12.4 All annual inspection criteria of trailers must meet or exceed the manufacturer’s specifications and shall include, at a minimum, all fields listed on the CDE Trailer Annual Inspection and Preventive Maintenance Requirements Form (STU-27). 12.5 During the annual inspection, all four wheels shall be pulled for a full inspection of the foundation brake system. The three exceptions are: 12.05(a) School transportation vehicles with less than 4,000 miles since the previous annual inspection shall have two wheels (one front and one rear) pulled that are different from those pulled for the previous inspection. 12.05(b) School transportation vehicles equipped with a retarder meeting the specifications outlined in 1 CCR 301-25, shall have two wheels (one front and one rear) pulled that are different from those pulled for the previous inspection. 12.05(c) Trailers, pursuant to 1 CCR 301-26-13.11, shall have 50% of the wheels pulled different from those pulled for the previous inspection. 13.0 Maintenance and Repair 13.1 School districts, charter schools, and service providers must ensure all school transportation vehicles are systematically inspected, maintained, and repaired by a qualified mechanic to ensure that school transportation vehicles are in safe and proper operating condition. 13.2 School districts, charter schools, and service providers shall have a system to document preventative maintenance, reported defects, and repairs made to school transportation vehicles. 13.3 School districts, charter schools, and service providers shall maintain separate files for each school transportation vehicle with documentation of all annual inspections, all preventative maintenance, and all reported damage, defects, or deficiencies and the corresponding repair and maintenance performed. 13.4 Any identified damage, defect, or deficiency of a school transportation vehicle must be reported to the school district, charter schools, or service provider if it: 13.04(a) Could affect the safety of operation of the school transportation vehicle; 13.04(b) Could result in a mechanical breakdown of the school transportation vehicle; 13.04(c) Results in noncompliance with Colorado Minimum Standards Governing School Transportation Vehicles (1 CCR 301-25) and/or manufacturer’s specifications. 13.5 Documentation for reported defects must include all the following: 13.05(a) The name of the school district, charter school, or service provider; 13.05(b) Date and time the report was submitted; 13.05(c) All damage, defects, or deficiencies of the school transportation vehicle; 13.05(d) The name of the individual who prepared the report. 13.6 Following a reported damage, defect, or deficiency of a school transportation vehicle, school districts, charter schools, and service providers or a representative agent must repair the reported damage, defects, or deficiencies or document that no repair is necessary, ensuring that the vehicle is in safe and proper operating condition prior to transporting students. 13.7 School districts, charter schools, and service providers shall not transport students in a school transportation vehicle that is not in safe and proper operating condition. A school transportation vehicle shall be designated as “out-of-service” by a school district, charter schools or service provider, a school transportation annual inspector, or the CDE School Transportation Unit. 13.07(a) Any school transportation vehicle discovered to be in an unsafe condition while being operated on the highway, roadway, or private road may be continued in operation only to the nearest place where repairs can safely be affected. Such operation shall be conducted only if it is less hazardous to the public than to permit the vehicle to remain on the highway, roadway, or private road. 13.8 Following a school transportation vehicle being placed “out-of-service,” a school district, charter school, service provider, or a representative agent must make required repairs, ensuring that the vehicle is in safe and proper operating condition prior to transporting students. In the event of being placed “out-of-service” during an annual inspection, the school transportation vehicle must successfully pass a CDE annual inspection prior to transporting students. 13.9 The preventative maintenance inspection on air drum brake systems shall include, at a minimum, that the brake rod travel has been measured and documented. The applied pressure method shall be used. 13.09(a) The inspection interval shall not exceed 4,000 miles for buses equipped with a manual slack adjuster air brake system. 13.09(b) The inspection interval shall not exceed 6,000 miles for buses equipped with an automatic slack adjuster air brake system. 13.10 The preventive maintenance inspection interval of air disc brake systems shall not exceed 6,000 miles and shall include, at a minimum; inspection and documentation of: 13.10(a) The pad thickness by checking the mechanical wear indicators. 13.10(b) The visible part of the rotors for cracks, excessive wear, damage, etc. 13.10(c) The running clearance. If the caliper has no movement or appears to move greater than the distances indicated by the manufacturer, then a full wheel removal inspection will be necessary. 13.11 The preventive maintenance inspection interval of hydraulic brake systems shall not exceed 6,000 miles and shall include, at a minimum, inspection and documentation of: 13.11(a) Proper parking brake operation; 13.11(b) Proper brake fluid level and clarity; 13.11(c) Adequate pedal reserve; 13.11(d) Proper hydraulic/vacuum assist operation; and 13.11(e) Visual inspection for brake fluid leakage. 13.12 If brake adjustment or repair is needed, the work shall be completed by or supervised by a DOT or equivalent qualified brake inspector, meeting the requirements of the Federal Motor Carrier Safety Regulations, 49 C.F.R.,396.25. 13.13 If maintenance or repair work is needed on an electric vehicle, the work shall be completed by or supervised by a qualified mechanic with appropriate training in the maintenance and repair of electric vehicles. 14.0 Operation of a School Transportation Vehicle 14.1 A school transportation vehicle shall not be operated in a manner that is unsafe, likely to cause an accident, or likely to damage the vehicle. 14.2 A school transportation vehicle shall not be placed in motion on a roadway, highway, or private road with the passenger entry door/service door open. 14.3 A school transportation vehicle's headlights shall be activated while the vehicle is in operation. 14.4 A school transportation vehicle shall not be fueled while students are on board, except in instances when unloading the students would present a greater hazard or peril to their safety. 14.5 Use of tobacco products as defined in C.R.S. 18-13-121(5), use or possession of illegal controlled substances, use or possession of alcohol, and use or possession of marijuana or cannabinoid product, except as otherwise allowed by law, aboard any school transportation vehicle shall be prohibited at all times. 14.6 A school transportation vehicle operator shall not consume food unless the vehicle is stopped at a safe location with the park/emergency brake set. 14.7 When a school transportation vehicle is equipped with a roof-mounted strobe lamp, the use of the strobe lamp is permitted only when the vehicle presents a hazard to other motorists, such as loading or unloading students in inclement weather, or to enhance the visibility of the vehicle when barriers inhibit such visibility. 14.8 A school transportation vehicle operator may use the strobe, in addition to the four-way hazard lamps, to warn other motorists that the vehicle is not in motion or is being operated at a speed of 25 miles per hour or less. 14.9 The school transportation vehicle operator shall use extreme caution when backing. Before backing on a roadway, or highway, or private property, the horn or audible warning device shall be sounded, and four-way hazard lamps actuated or there shall be a person outside the vehicle giving direction. 14.09(a) Backing a school transportation vehicle when students are outside of the vehicle at a student stop is prohibited. 14.10 A Type A, B, C, and D School Bus, Multifunction Bus, and Motor Coach Bus shall not be operated with a trailer or other vehicle attached while students are being transported. 14.11 School transportation small-capacity vehicles, with a manufacturer-assigned capacity of 12 or fewer passengers (counting the driver), may tow trailers while students are being transported to the extent that trailering is a necessary component of a school district or charter school sponsored program. 15.0 Authorized Passengers 15.1 Only school district, charter school, or service provider personnel; students enrolled in a school district or charter school; law enforcement officials; or individuals that have received prior authorization from the school district, charter schools, or service provider may be passengers on any school transportation vehicle. 15.2 The number of passengers transported on any school transportation vehicle shall not exceed the maximum seating capacity of the vehicle. Small vehicle capacity shall not exceed the number of safety belts as designed by the vehicle manufacturer. 15.3 Passengers shall not be permitted to stand in any school transportation vehicle while the vehicle is in motion. This does not preclude authorized persons (such as school transportation paraprofessionals) from completing their duties as required. 15.4 School districts, charter schools, and service providers shall consider the size of the passengers when determining the number of passengers that can safely occupy a school transportation vehicle seat. 16.0 Safety Restraints 16.1 A school transportation vehicle operator shall have the safety belt fastened, worn correctly, and properly adjusted prior to the school transportation vehicle being placed in motion. 16.2 All passengers in a school transportation vehicle under 10,000 lbs. GVWR shall have their safety belts fastened, worn correctly, and properly adjusted prior to the school transportation vehicle being placed in motion. 17.0 Transportation of Miscellaneous Items 17.1 A school transportation vehicle operator shall ensure that all carry-on items are properly handled to minimize the danger to all others. 17.2 All baggage, articles, equipment, or medical supplies (except those held by individual passengers) shall be secured in a manner that assures unrestricted access to all exits by occupants, does not restrict the driver's ability to operate the bus and/or protects all occupants against injury resulting from falling or displacement of any baggage, article, or equipment.

Oxygen cylinders that are medically necessary meet this standard if they are securely attached to a wheelchair, or otherwise secured in the vehicle and do not impede access to any exit. School districts, charter schools, and service providers shall use reasonable care in determining the number of cylinders that may be safely transported at one time. 17.3 All chemicals and cleaning supplies carried on a school transportation vehicle must meet the following precautions: 17.03(a) Container is non-breakable; 17.03(b) Container is labeled with contents; 17.03(c) Pressurized aerosols are prohibited; 17.03(d) Container is secured in a bracket, or in a closed compartment in the driver’s area or a compartment on the exterior of the bus; and 17.03(e) Containers and quantities of products are no more than 32 ounces in size. 17.4 Interior decorations shall not be located within the driver’s area (including the space in front of the front barriers, the step-well, dash, walls and ceiling, the windshield, the entry door, the driver’s side window, and all windows in front of the front barrier), the first two passenger windows on both sides of the vehicle or all windows on the rear of the vehicle. Other decorations within the passenger compartment shall not:, 17.04(a) Cover any required lettering; 17.04(b) Impede the aisle or any emergency exit; 17.04(c) Hang from the walls and/or ceiling. 17.5 Per the effective date of these rules, school transportation vehicles owned or leased by the district, charter school, and service provider that are used for student transportation shall not have the windows obstructed in any way by advertising, decorations, or vehicle wraps. 17.05(a) Exception: Tint applied by the vehicle manufacturer to industry standards. 17.05(b) Exception: Route identification is permitted per 1CC 301-26, rule 17.04 of these rules. 18.0 Maximum Driving Time for School Transportation Vehicle Operators 18.1 School transportation vehicle operators, including small-capacity vehicle operators, shall not drive (nor shall the school districts, charter schools, or service providers permit or require operators to drive): 18.01(a) In excess of 10 hours or after being on-duty 14 hours until completing 10 hours off-duty. This would include on-duty time for all employers. Ten hours off-duty may be consecutive or accumulated in two or more periods of off-duty time, with one period having a minimum of six consecutive hours off-duty. 18.01(b) After being on-duty for more than 70 hours in any seven consecutive days. 18.01(c) In case of emergency, an operator may complete the trip without being in violation if such a trip reasonably could have been completed absent the emergency. 18.2 In lieu of section 18.00 of these rules, a school district, charter school, or service provider may comply with the Federal Motor Carrier Safety Regulations, 49 C.F.R. 395. 18.3 Definitions: 18.03(a) Day - Means any 24-consecutive hour period beginning at the time designated by the school district, charter school, or service provider. 18.03(b) On-duty time - Includes all time worked for all employers, including all driving and non-driving duties. 18.03(c) Off-duty time - School transportation vehicle operators may consider waiting time (whether compensated time or not) at special events, meal stops, and school related events as off-duty if the following criteria are met: 18.03(c)(1) The operator shall be relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and students, and 18.03(c)(2) The operator shall be at liberty to pursue activities of his/her choice, including leaving the premises on which the bus is located. 18.4 All school transportation vehicle operators shall document that they are in compliance with this

section, hours of service. 18.04(a) An operator’s daily log, or equivalent, shall be completed for the trip in the operator’s own handwriting when the trip requires a scheduled or unscheduled overnight stay away from the work reporting location. 19.0 Route Planning - Student Loading and Discharge 19.1 School transportation small-capacity vehicles, Type A Multifunction Buses, and School Buses (Types A, B, C, and D) may be used to transport students. Multifunction Buses Type B, C, D, and Motor Coach Buses shall not be used to transport students to and from school. 19.2 The location of student stops shall consider factors including: 19.02(a) Ages of the students; 19.02(b) Visibility; 19.02(c) Lateral clearance; 19.02(d) Student access; and 19.02(e) Control of other motorists 19.02(e)(1) Student stops for Type A Multifunction Buses and school transportation small-capacity vehicles should be located off the roadway whenever possible. 19.3 School transportation vehicle operators shall stop at least 10 feet away from students at each designated stop. The school transportation vehicle operator shall apply the parking brake and shift the vehicle into neutral or park prior to opening the service door of a bus or the passenger door(s) of a small-capacity vehicle. 19.4 The school transportation vehicle operator shall stop as far to the right of the roadway, highway, or private road as possible before discharging or loading passengers - allowing sufficient area to the right and front of the vehicle but close enough to the right to prevent traffic from passing on the right - so that students may clear the vehicle safely while in sight of the operator. 19.04(a) Exception: The school transportation vehicle operator may block the lane of traffic when passengers being received or discharged are required to cross the roadway. 19.5 Student stops shall not be located on the side of any major thoroughfare whenever access to the destination of the passenger is possible by a road or street which is adjacent to the major thoroughfare. 19.6 School districts, charter schools, and service providers shall ensure that if students are required to cross a roadway, highway, or private road on which a student stop is being performed, they are prohibited from crossing a roadway, highway, or private road constructed or designed to permit three or more separate lanes of vehicular traffic in either direction or with a median separating multiple lanes of traffic. 19.7 Four-way hazard lamps shall be used on private property such as parking lots. 19.8 Alternating flashing red warning signal lamps shall not be activated within 200 feet of an intersection if the intersection is controlled by a traffic control signal. 19.9 Routes shall be planned as to: 19.09(a) Eliminate, when practical, railroad crossings; and 19.09(b) Have stops be a minimum of 200 feet apart (since alternating flashing amber warning signal lamps must be activated a minimum of 200 feet in advance of the stop on the roadway on which the bus stop will be performed). 19.09(b)(1) Exception: In areas where wildlife may create a high risk of threat to students’ safety while they are waiting and/or walking to a student stop, designated stops may be less than 200 feet apart upon detailed written approval by the school district board of education or governing body of a charter school (or the board’s designee). A copy of the written approval shall be kept in the school transportation office, and route operators shall be given written notice of the exception and have it indicated on route sheets. 19.10 In determining the length of routes, school districts, charter schools, and service providers must make an effort to minimize student ride times while considering student educational needs, geographic boundaries, terrain, traffic congestion, and financial resources within the district. A local board of education, or the governing body of a charter school, may establish a maximum student ride time. 19.11 Pursuant to C.R.S. 42-4-1903(2), school transportation vehicle operators are not required to actuate the alternating flashing red warning signal lamps on a school bus: 19.11(a) When the student stop is at a location where the local traffic regulatory authority has by prior written designation declared such actuation unnecessary and no passenger is required to cross the roadway; or 19.11(b) When discharging or loading passengers who require the assistance of a lift device and no passenger is required to cross the roadway. 19.11(c) Further, Type A Multifunction Buses and school transportation small- capacity vehicles do not have the functionality to control traffic. In these instances, the school transportation vehicle operator shall stop as far to the right off the roadway as possible to reduce obstruction to traffic, activate the four-way hazard warning lamps a minimum of 200 feet prior to the student stop, continue to display the four-way hazard warning lamps until the process of discharging or loading passengers has been completed, and deactivate the four-way hazard lamps before resuming motion. Students are prohibited from crossing any lanes of traffic to access the student stop or after disembarking. 19.12 School transportation vehicle operators shall not relocate a student stop without the approval of the school district, charter school, or service provider. 19.13 Pursuant to C.R.S. 42-4-707, School transportation vehicle operators of School Buses, Multifunction Buses, and Motor Coach Buses, whether transporting students or not, shall apply the following procedures during the process of approaching, stopping, and crossing railroad tracks: 19.13(a) Activate the four-way hazard lamps not less than 200 feet from the railroad crossing to alert other motorists of the pending stop for the crossing; 19.13(b) Stop the bus within 50 feet but not less than 15 feet from the nearest rail of the railway; 19.13(c) When stopped, the bus shall be as far to the right of the roadway as possible and shall not form two lanes of traffic unless the highway is marked for four or more lanes of traffic; and 19.13(d) Use a prearranged signal to alert students to the need for quiet aboard the bus when approaching railroad tracks. Turn off all noise- making equipment (fans, heater, radio, etc.) 19.14 After quietness aboard the stopped bus has been achieved, bus operators shall open the service door and operator window. The bus operator shall listen and look in both directions along the track(s) for any approaching train(s) and for signals indicating the approach of a train or on-track equipment. 19.14(a) If the tracks are clear, the bus operator shall close the service door and may then proceed in a gear low enough to permit crossing the tracks without having to manually shift gears. The bus operator shall cancel the four-way hazard lamps after the bus has cleared the tracks. 19.14(b) When two or more tracks are to be crossed, the bus operator shall not stop a second time unless the bus is completely clear of the first crossing, with at least 15 feet clearance in the front and at least 15 feet clearance to the rear. 19.14(c) Before crossing the tracks, the bus operator shall verify that there is enough space after the tracks for the bus plus 15 feet if it is necessary to stop after crossing the tracks. 19.15 School transportation vehicle operators of School Buses, Multifunction Buses, and Motor Coach Buses are not required to stop at crossings controlled: 19.15(a) Only by a red, amber, or green traffic control signal when it is in the green position; 19.15(b) Or when the crossing is controlled by a police officer or human flag person; 19.15(c) Or when the crossing is marked with an official “exempt” sign placed on the railroad crossing light post or cross bucks post. 20.0 Emergency Evacuation Drills 20.1 Emergency evacuation drills shall be conducted with students by all school transportation vehicle route operators, excluding small-capacity vehicle operators as defined in 1 CCR 301-25, and school transportation paraprofessionals at least twice during each school year. 20.01(a) One drill shall be conducted in the fall, and the second drill conducted in the spring. 20.01(b) Substitute and Multifunction operators shall be trained on how to conduct emergency evacuation drills. 20.2 Students on school-related events shall receive emergency evacuation instructions prior to every initial departure. 20.3 School districts, charter schools, and service providers shall maintain records documenting that the required evacuation drills were conducted and/or evacuation instruction was given. 21.0 Incorporation by Reference 21.1 The foregoing rules incorporate by reference several sections and appendices from the Federal Motor Carrier Safety Regulations, 49 C.F.R., Parts 380, 382, 391, 395, and 396 (as codified as of June 30, 2024). They also incorporate by reference select sections of Volume 34 of the Code of Federal Regulations. The foregoing rules do not incorporate by reference any later amendment or editions to the Federal Motor Carrier Safety Regulations or to the cited sections of 34 C.F.R. The Federal Motor Carrier Safety Regulations and the cited sections of 34 C.F.R. are available at https://www.ecfr.gov/. They are also available for public inspection during regular business hours from the Colorado Department of Education, 201 E. Colfax Ave., Denver, Colorado 80203. __________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/01/2009.

Entire rule emer. rule eff. 07/07/2016; expired 11/04/2016.

Entire rule eff. 12/15/2016.

Entire rule emer. rule eff. 05/10/2017; expired 09/07/2017.

Entire rule eff. 09/30/2017.

Entire rule eff. 12/15/2021.

Entire rule eff. 06/14/2023.

Entire rule eff. 10/30/2024.

Rules 4.10, 5.04(d)-(e), 5.05(a), 17.2 eff. 05/15/2025.

1 CCR 301-28 Administration of the State Publications Depository and Distribution Center {#sec-1-ccr-301-28 omnilex-key=us-co-regs-official--department-4--1 CCR 301-28}

DEPARTMENT OF EDUCATION

Colorado State Board of Education ADMINISTRATION OF THE STATE PUBLICATIONS DEPOSITORY AND DISTRIBUTION CENTER 1 CCR 301-28 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 24-90-201, et seq., C.R.S., establishes a State Publications Depository and Distribution Center as a

section of the State Library. The Rules address state agencies' deposit of publications, and depository libraries' designation and responsibilities. 24-90-203(3) C.R.S. requires the State Board to adopt rules to accomplish the provisions of 24-90-203(2) C.R.S.

The amendments to 1 CCR 301-28 conform the rules to current statutory authority found at 24-90-201 C.R.S. et seq. 2490-R-200.00 State Agencies' Deposit of Publications 200.01 Who Shall Deposit 200.01 (1) State agencies supported wholly or in part by state funds are required by Section 24-90-204, C.R.S. 1973, to deposit immediately upon publication the digital copy or, if printed, at least four copies and preferably twenty (20) copies of their state publications with the State Publications Depository and Distribution Center, Colorado State Library (Depository Center), within ten (10) days of publication. 200.01 (2) “State Publication” means any information for public distribution, regardless of format, method of reproduction, source, or copyright that is produced, purchased for distribution, or authorized, with the imprint of, or at the total or partial expense of the agency, with the exception of correspondence, interoffice memoranda, or those items detailed by section 24-72-204. “State Publication” includes, without limitation, information available electronically by means of computer diskettes, compact discs, computer tapes, other electronic storage media, or a public telecommunications network. 200.02 Publications Required to be Deposited 200.02 (1) Publications required to be deposited are those informational materials defined in Section 24- 90-202(4), C.R.S. 1973, published by the authority of a state agency and released for distribution to the public which are not compiled and produced solely to meet the internal operating needs of the agency, or its divisions. Materials may be in any physical format, reproduced by any method, and may deal with any subject matter. 200.02 (2) Informational materials specifically required by Federal or State law to be disseminated to the public fall under this definition and are required to be deposited with the Center. Materials offered to the public for sale or by paid subscription are published for public distribution and are required to be deposited. 200.02 (3) Most items published by state agencies are obvious candidates for deposit with the Center.

Such items as annual reports, budgets, maps, magazines, directories, special reports, studies, handbooks, manuals and guides are important items for deposit. 200.02 (4) An agency may produce some items which are not appropriate for deposit. Agencies should consult with the Depository Center staff for assistance in interpretation. An appeals procedure is available to resolve differences. Agencies wishing to have a comprehensive, documented agreement for excluding certain items have the option of requesting a memorandum of understanding with the Depository Center. 200.03 Materials Not Required to be Deposited 200.03 (1) The following materials are not required to be deposited: 200.03 (1) (a) Materials which are not “state publications” as defined above. 200.03 (1) (b) Correspondence and inter-office memoranda compiled and reproduced solely to meet the internal operating needs of the agency and its divisions. 200.03 (1) (c) Materials which are not released for public distribution. 200.03 (1) (d) Materials specifically excluded by negotiation between the Depository Center and the agency. These decisions may be formalized in a memorandum of understanding. 200.04 Guidelines for Determination of Deposit Titles 200.04 (1) To assist agencies in complying with the requirements to deposit state publications, the Depository Center will offer guidance with general problems and requirements for depositing specific items. 200.05 Number of Copies to be Deposited 200.05 (1) Every state agency shall, within ten (10) days of publication, deposit at least four, and preferably twenty (20), copies of each of its state publications (with the exception of audiovisual materials) with the Center. One copy of each such audiovisual material shall be deposited with the Center. The State Librarian or designee may require additional copies of certain state publications to be deposited when deemed more than four or twenty (20) copies are required to fulfill the purposes of this part 2, (Section 24-90-204, C.R.S. 1973). 200.05 (2) Whenever any report is required or allowed to be made to the General Assembly, the filing of such report in each House of the General Assembly plus copies to those legislators requesting such, shall be deemed to be sufficient compliance with the direction or authority to make such report. 200.06 Publications Liaison Officer 200.06 (1) Every state agency shall designate one of its staff members or employees as the publications liaison officer for the agency, shall notify the Depository Center of the identity of such officer, and shall immediately notify the Center should a change occur. 200.06 (2) The publications liaison officer of each state agency shall have the duty to provide the Depository Center with copies of all state publications of the agency, to compile and forward to the Center required lists of the agency's publications, and to provide other related information as may be requested by the Center. 200.07 Determination Whether Rules Apply 200.07 (1) If a state agency is in doubt whether a specific publication is required to be deposited as set forth in the above rules, or if the number of copies to be deposited is questioned, the publications liaison officer of the agency shall consult with the division head of the Depository Center for assistance in interpreting the rules. If the state agency is not satisfied with the determination of the head of the Center, a written request should be submitted to the State Librarian or designee who will make the final ruling. 200.08 Agency List of Publications 200.08 (1) Upon written request from the State Librarian or designee, every state agency, including all institutions of higher education, shall provide to the Depository Center a complete list of its state publications, regardless of format. 200.09 Standard Format for State Publications 200.09 (1) To assure that the identity of a publication can be ascertained in terms of the issuing authority, author, and subject matter, the following information should be included on the title page or other suitable place near the beginning of each state publication which is required to be deposited with the Depository Center: 200.09 (1) (a) Full name of the issuing agency, including the division or subdivision responsible for publication, and the parent body. 200.09 (1) (b) Name of any personal author to whom credit is intended to be given. 200.09 (1) (c) Title of the publication. 200.09 (1) (d) Date, month and year and Place of publication. 200.09 (1) (e) Frequency and number of issue if a periodical, that is, weekly, monthly, etc. 200.09 (1) (f) Volume and number of issue, if appropriate. 2490-R-201.00 Depository Libraries' Designation and Responsibilities 201.00 (1) The Colorado State Library will designate depository libraries. Each designated depository library will enter into a formal agreement with the State Publications Depository and Distribution Center, Colorado State Library. 201.00 (2) Depository libraries shall be open to the general public for the free use of depository publications. 201.00 (3) Depository libraries shall have the interest, the resources (including staff, equipment and space), and the ability to provide public service and custody of state publications. 201.00 (4) Depository libraries shall keep the documents collection open for public service the same hours as other major parts of the library. 201.00 (5) Depository libraries must provide loan service of documents to any library in the State that is unable to obtain the material from another library. 201.00 (6) Each depository library, in conjunction with the publications liaison officer, shall notify the Depository Center of state publications not appearing in the distribution program and, upon the request of the Depository Center, shall provide the Center with copy(ies) of said publications. 201.01 Designation Procedures 201.01 (1) Each interested library shall notify the Depository Center of its interest in becoming a depository and submit an application to the Center. 201.01 (2) Depository designations shall be based on a combination of a geographical location, size of collection, designation as a federal depository library, population and demographic factors.

Academic and public libraries will be given equal consideration. 201.01 (3) One depository designation will be reserved for each geographic area of the state. Additional depository designations shall be made as funding permits and shall be based on geographical locations, size of collection, designation as a federal depository library, population and demographic factors. 201.01 (4) Each designated depository library will agree to participate in a program of monitoring by the Depository Center staff designed to ensure compliance with rules and agreement provisions. 201.01 (5) The Depository Center will monitor the service programs of the depository libraries to determine compliance with agreement provisions. Depositories will be notified before monitoring visits occur. If a violation is found, the depository library will be granted six months to comply and a follow-up monitoring visit will be conducted to verify compliance. 201.01 (6) The total number of depositories will not exceed thirty (30). 201.02 General Provisions 201.02 (1) Depository libraries will abide by the retention of materials guidelines provided by the Depository Center. 201.02 (2) Depository libraries will file reports required by the Colorado State Library with the Depository Center on forms provided by the State Library. 201.02 (3) Each depository library will appoint a staff member who will be responsible for the state publications collection and service to serve as the contact person with the Depository Center and will immediately notify the Center should a change occur. Each depository library will be expected to send this representative or his designee to attend Depository Center meetings. 201.03 Termination of Depository Designations 201.03 (1) If a designated depository library wishes to terminate its depository agreement, a written notice must be given to the Colorado State Library thirty (30) days prior to the intended date of termination. 201.03 (2) Depository libraries found to be in violation of the depository agreement shall be subject to termination of their depository status by the Colorado State Library. The Depository Center staff will make a recommendation to terminate depository status to the State Librarian or designee and will give written notice of the intent to terminate depository status to the director of the library in question. 201.03 (3) A depository library that receives notice of intent to terminate depository status may appeal that action within sixty (60) days from the date of notice to the State Librarian. It is the responsibility of the depository library to show cause why the termination should not occur and that it is in compliance with the depository agreement provisions. The final decision will be made by the State Librarian. 201.03 (4) A depository library that receives the final decision from the State Librarian may appeal that action within thirty (30) days of the final decision to the State Board of Education. It is the responsibility of the depository library to show cause why the termination should not occur and that it is in compliance with the depository agreement provisions. The final decision will be made by the State Board of Education. 201.03 (5) All materials deposited with the depository libraries remain the property of the Colorado State Library. 201.03 (6) Upon termination of a depository agreement, disposition of the materials deposited with the library will be determined by the Colorado State Library.

GUIDELINES FOR DEPOSITORY LIBRARIES

1. The Depository Center will notify depository libraries of forthcoming monitoring visits.

2. Depository libraries which notify the Depository Center of documents not distributed through the program will provide the Center a copy of the cover, the title page and other information needed to identify the issuing agency. A complete copy of the document will be provided upon request of the Depository Center.

3. The Depository Center recommends that depository libraries organize the state documents collection according to the classification numbers assigned to each publication by the Center in order to facilitate use of the index to state publications provided by the Center.

4. Depository libraries shall provide for the orderly processing and custody of state publications provided by the Depository Center.

5. Claims for missing items should be made to the Center within three weeks of receipt of each shipment.

6. Depository libraries will assume the responsibility for the replacement of lost or damaged depository documents except for those items missing from the original shipments made by the Depository Center.

7. Depository libraries will retain state documents provided by the Depository Center indefinitely, or until permission to discard or distribute to other libraries is received from the Center.

8. Superseded items will be identified by the Center and those items shall be discarded unless needed for the collection of the depository library for historic purposes. Such items shall be marked as superseded.

9. Depository libraries shall send status reports of activities on forms supplied by the Colorado State Library to the Depository Center at least once each year. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 06/30/2009.

1 CCR 301-29 RULES FOR THE ANNUAL INSPECTION AND PREVENTATIVE MAINTENANCE OF SCHOOL TRANSPORTATION VEHICLES (Recodified as 1 CCR 301-26) {#sec-1-ccr-301-29 omnilex-key=us-co-regs-official--department-4--1 CCR 301-29}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ANNUAL INSPECTION AND PREVENTATIVE MAINTENANCE OF SCHOOL TRANSPORTATION VEHICLES - Recodified as 1 CCR 301-26 1 CCR 301-29 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/30/2010.

Entire rule emer. rule repealed and recodified as 1 CCR 301-26 eff. 07/07/2016; expired 11/04/2016.

Entire rule repealed and recodified as 1 CCR 301-26 eff. 12/15/2016.

1 CCR 301-30 RULES FOR THE ADMINISTRATION OF THE SECOND CHANCE PILOT PROGRAM [Repealed eff. 04/30/2017] {#sec-1-ccr-301-30 omnilex-key=us-co-regs-official--department-4--1 CCR 301-30}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE SECOND CHANCE PILOT PROGRAM - Repealed eff. 04/30/2017 1 CCR 301-30 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 04/30/2017.

1 CCR 301-31 Declaratory Orders Procedures {#sec-1-ccr-301-31 omnilex-key=us-co-regs-official--department-4--1 CCR 301-31}

DEPARTMENT OF EDUCATION

Colorado State Board of Education DECLARATORY ORDERS PROCEDURES 1 CCR 301-31 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 2404-R-1.00 Declaratory Orders Procedures Any person may petition the State Board of Education (hereinafter “board”) for a declaratory order to terminate controversies or to remove uncertainties as to the applicability to the petitioner of any statutory provision or of any rule or order of the board. The petition shall be filed with the Commissioner of Education. 1.02 Any petition filed pursuant to this rule shall set forth the following: 1.02 (1) The name and address of the petitioner. 1.02 (2) The statute, rule or order to which the petition relates. 1.02 (3) A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner. Petitioner may also include a concise statement of the legal authorities upon which petitioner relies. 1.02 (4) A concise statement of the specific declaratory order sought by petitioner. 1.03 The board will determine, in its discretion and without notice to petitioner, whether to rule upon any such petition. If the board determines that it will not rule upon such a petition, the board shall promptly notify the petitioner of its action and state the reasons for such action. 1.04 The board may for any reason whatsoever elect to rule upon or not rule upon a petition filed pursuant to this rule. Any of the following grounds, among others, is sufficient reason to refuse to

rule upon a petition: 1.04 (1) Failure to comply with 1.02. 1.04 (2) A ruling on the petition will not terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision or rule or order of the board. 1.04 (3) The petition involves any issue raised in an investigation, complaint or proceeding currently pending before the board, the Department of Education, an administrative agency, local school district or a court, particularly if such proceeding involves one or more of the petitioners. 1.04 (4) The petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion. 1.05 If the board determines that it will rule on the petition, the following procedures shall apply: 1.05 (1) The board may rule upon the petition without holding an evidentiary hearing. In such case: 1.05 (1) (a) Any ruling of the board will apply only to the extent of the facts presented in the petition and any amendment to the petition. 1.05 (1) (b) The board may order the petitioner to file a written clarification of factual matters, written brief, memorandum or statement of position. 1.05 (1) (c) The board may set the petition, upon due notice to petitioner, for a nonevidentiary hearing. 1.05 (1) (d) The board may dispose of the petition on the sole basis of the matters set forth in the petition. 1.05 (1) (e) The board may take administrative notice of commonly known facts within its expertise or contained in its records and consider such facts in ruling on the petition. The board may also request information from other persons. 1.05 (1) (f) If the board rules upon the petition without a hearing, it shall promptly notify the petitioner of its decision. 1.05 (2) The board may, in its discretion, set the petition for evidentiary hearing, upon due notice to the petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition. The notice to the petitioner setting such hearing shall set forth, to the extent known, the factual or other matters into which the board intends to inquire. For the

purpose of such a hearing, the petitioner shall have the burden of proving all of the facts stated in the petition, all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the board to consider. The board will exclude irrelevant evidence and will conduct the hearing in an expeditious manner. The board may also request information from persons other than the petitioner. 1.06 The parties to any proceeding pursuant to this rule shall be the board and the petitioner. Any other person may seek leave of the board to intervene in such a proceeding. The board may also request persons to intervene. Leave to intervene will be granted at the sole discretion of the board. A petition to intervene shall set forth the same matters as required by section 1.02 of this

rule. Any reference to a “petitioner” in this rule also refers to any person who has been granted leave to intervene by the board. 1.07 Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to section 24-4-106, C.R.S. 2404-R-2.00 Statement of Basis and Purpose:

The statutory authority for the adoption of these rules, adopted by the State Board of Education on June 18, 1987 is section 24-4-105(11), C.R.S. These regulations provide for the entertaining and prompt disposition of petitions for declaratory orders to terminate controversies or to remove uncertainties as to the applicability of the petitioners of any statutory provision or of any rule or order of the State Board of Education. These rules retain discretion in the State Board of Education either to entertain or not rule on any petition for declaratory orders and alert persons wishing to file such petitions to reasons the State Board of Education may rely upon in refusing to entertain petitions. The orderly process for filing and resolution of declaratory orders petitions provides for maximum flexibility in handling petitions in a prompt fashion. _________________________________________________________________________ Editor’s Notes

History

1 CCR 301-32 RULES FOR THE ADMINISTRATION OF THE COLORADO PRESCHOOL PROGRAM ACT [Repealed eff. 05/15/2024] {#sec-1-ccr-301-32 omnilex-key=us-co-regs-official--department-4--1 CCR 301-32}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE COLORADO PRESCHOOL PROGRAM ACT - Repealed eff. 05/15/2024 1 CCR 301-32 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

Rule 6.04(1) eff. 08/30/2020.

Entire rule repealed eff. 05/15/2024.

1 CCR 301-35 Rules for the Administration of the Waiver of Statute and Rule {#sec-1-ccr-301-35 omnilex-key=us-co-regs-official--department-4--1 CCR 301-35}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE WAIVER OF STATUTE AND RULE

1 CCR 301-35 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 0.00 Statement of Basis and Purpose The basis of these rules, adopted by the State Board of Education is found in 22-2-117, C.R.S. and 22- 30.5-104(6). The purpose of these rules is to clarify the process that schools and school districts must follow to seek waivers from statutes or rules. In addition, the rules specify the process by which the State Board may grant waivers to charter schools and clarify the standards that the State Board will use in determining which waiver requests meet the statutory requirements. 1.0 Definitions 1.1 “Charter School” means a public school that enters into a charter contract pursuant to Article 30.5 of Title 22. 1.2 “Institute Charter School” means a charter school authorized pursuant to Article 30.5 of Title 22. 1.3 “State Board” means the state board of education. 1.4 “Automatic Waiver” means the waiver of a state statute or state board rule: 1.04(a) That is included on the list of automatic waivers contained in these rules; 1.04(b) That is available to each charter school, including an Institute Charter School, and is valid for the initial or subsequent renewal, term of the charter contract; and 1.04(c) For which a charter school, including an Institute Charter School, is not required to submit a statement that specifies the manner in which the charter school intends to comply with the intent of the automatically waived state statute or state board rule. 2.0 Waiver Requests by School Districts 2.1 Legal Standard for granting waivers The State Board shall grant waivers to school districts when it determines that such waivers would enhance educational opportunity and quality within the school district and when the costs to the school district of complying with the requirements for which the waiver is requested significantly limit educational opportunities within the school district. 2.2 Duration/Revocation Any waiver granted by the State Board of Education to a school district (not involving a charter school) shall continue indefinitely unless: 2.02(a) The school district board of education that holds the waiver by resolution requests revocation of the waiver; or 2.02(b) The State Board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the State Board. 2.3 Pre-Application Process 2.03(a) Prior to submitting an application for a waiver, a school district board of education, in a public meeting including a public hearing, shall adopt a resolution stating the board's intent to apply for a waiver and specifying the statutes and rules for which the board will request waivers. 2.03(b) The school district board of education shall post notice of such public meeting in three public places within the school district for a period of not less than thirty calendar days prior to such meeting, giving the time and location of such meeting and a description of the waiver request, and, if a newspaper is published within the county, shall publish such notice once each week for at least four weeks prior to the meeting in such newspaper. 2.03(c) At least sixty days prior to such public meeting and hearing, the school district board of education shall meet with the school district accountability committee to consult with the committee concerning the intent to seek the waiver(s). 2.4 Application Process 2.04(a) Written requests for waivers shall be submitted electronically to the State Board of Education by emailing state.board@cde.state.co.us and electronically copying the Schools of Choice Unit at schoolsofchoice@cde.state.co.us. 2.04(b) A complete request for a waiver shall include: 2.04(b)(i) A list of statutes and/or rules requested for waiver; 2.04(b)(ii) A statement explaining how the waiver would enhance educational opportunity and quality within the school district; 2.04(b)(iii) A statement explaining how costs to the school district of complying with the requirement for which the waiver is requested significantly limit educational opportunity within the school district; 2.04(b)(iv) A statement describing the manner in which the school district shall comply with the intent of the waived rules or statutes as well as how it shall be accountable to the state board for such compliance; 2.04(b)(v) Documentation of legal requirements for district's public hearing process; and 2.04(b)(vi) Additionally, a school district of 3,000 or more pupils shall provide signatures demonstrating that its application has the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the affected school district teachers and shall indicate how the affected staff and committee were determined. 2.5 State Board Ruling The State Board of Education will rule on a waiver request by a school district within 120 days of receipt of a complete request for waiver. 2.6 Sections of Law Ineligible for Waiver The State Board of Education shall not waive any of the requirements for those sections of law identified as ineligible for a waiver and specified in section 22-2-117(1)(b) and (1.5), C.R.S. 3.0 Waiver Requests by Charter Schools and Automatic Waivers 3.1 List of automatically waived statutes for all charter schools:

The following statutes are automatically waived for all charter schools. These waivers will be automatically granted to a charter school upon entering into a charter contract with its authorizer, pursuant to section 22-30.5-105, C.R.S. 3.01(a) 22-32-109(1)(f), C.R.S. Local board duties concerning selection of staff and pay; 3.01(b) 22-32-109(1)(t), C.R.S. Determine educational program and prescribe textbooks; 3.01(c) 22-32-110(1)(h), C.R.S. Local board powers-Terminate employment of personnel; 3.01(d) 22-32-110(1)(i), C.R.S. Local board duties-Reimburse employees for expenses; 3.01(e) 22-32-110(1)(j), C.R.S. Local board powers-Procure life, health, or accident insurance; 3.01(f) 22-32-110(1)(k)(I), C.R.S. Local board powers-Policies relating to in-service training and official conduct, except as it relates to unlawful discrimination, including discrimination based on hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race; 3.01(g) 22-32-110(1)(ee), C.R.S. Local board powers-Employ teachers’ aides and other noncertificated personnel; 3.01(h) 22-32-126, C.R.S. Employment and authority of principals; 3.01(i) 22-33-104(4), C.R.S. Compulsory school attendance-Attendance policies and excused absences; 3.01(j) 22-63-301, C.R.S. Teacher Employment Act- Grounds for dismissal; 3.01(k) 22-63-302, C.R.S. Teacher Employment Act-Procedures for dismissal of teachers; 3.01(l) 22-63-401, C.R.S. Teacher Employment Act-Teachers subject to adopted salary schedule; 3.01(m) 22-63-402, C.R.S. Teacher Employment Act-Certificate required to pay teachers; 3.01(n) 22-63-403, C.R.S. Teacher Employment Act-Describes payment of salaries; and 3.01(o) 22-1-112, C.R.S School Year-National Holidays. 3.2 Legal standard for granting non-automatic waivers to charter schools 3.02(a) Pursuant to contract, a local board of education may waive locally imposed school district requirements, without seeking approval of the State Board. 3.02(b) The State Board of Education shall grant waivers of state statutory requirements or rules when in the judgment of the State Board it deems waivers necessary. 3.2(c) Upon request of the charter applicant, the State Board and the charter school authorizer shall provide summaries of such regulations and policies for the applicant to use in preparing its application. 3.3 Duration/Revocation 3.03(a) Any waiver of state or local school district regulations shall be for the term of the charter for which the waiver is made. 3.03(b) A waiver of state statutes or regulations shall be subject to review periodically, but at least every five years. A waiver may be revoked if the State Board deems the waiver no longer necessary. 3.4 Application Process Waiver requests by charter schools shall be submitted for the term of the charter as follows: 3.4(a) Within ten days after the charter contract is approved, a complete copy of the signed charter contract must be submitted to the State Board of Education by the charter school authorizer and charter school. 3.5 Sections of Law Ineligible for Waiver The State Board of Education shall not waive any of the requirements for those sections of law identified as ineligible for a waiver and specified in section 22-30.5-104(6)(c), C.R.S. and section 22-30.5-507(7)(b), C.R.S. _______________________________________________________________________ Editor’s Notes

History Rules 2.04(a), 3.06(b)-(w), 4.05 eff. 01/14/2013.

Rules 2217-R-1.00, 2217-R-3.00, 4.06 eff. 01/15/2015.

Entire rule eff. 01/30/2016.

Rules 2.05, 2.06(j)-(m), 3.01(C)-(Q), 4.07 eff. 12/15/2016.

Rules 2.06(n), 3.01, 3.05(d)-(f), 4.08 eff. 12/30/2017.

Entire rule eff. 11/30/2018.

Entire rule eff. 06/30/2019.

Rules 3.01(f), 3.01(l) eff. 03/31/2021.

Annotations

Rule 2.6(o) (adopted 10/10/2018) was not extended by Senate Bill 19-168 and therefore expired 05/15/2019.

1 CCR 301-36 RULES FOR THE INTERDISTRICT PUBLIC SCHOOLS OF THE CHOICE PILOT PROGRAM [Repealed eff. 04/30/2013] {#sec-1-ccr-301-36 omnilex-key=us-co-regs-official--department-4--1 CCR 301-36}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE INTERDISTRICT PUBLIC SCHOOLS OF THE CHOICE PILOT PROGRAM 1 CCR 301-36 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ The statute authorizing the Interdistrict Schools of Choice Pilot Program in sections 22-36-103 through 105, C.R.S., was repealed in 1997, and these rules are therefore no longer applicable. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 04/30/2013.

1 CCR 301-37 Rules for the Administration of the Educator Licensing Act of 1991 {#sec-1-ccr-301-37 omnilex-key=us-co-regs-official--department-4--1 CCR 301-37}

Department of Education COLORADO EDUCATOR LICENSING ACT OF 1991 1 CCR 301-37 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] 1.00 Statement of Basis and Purpose The statutory basis for these rules is found in section 22-60.5-101, et seq, C.R.S., the Colorado Educator Licensing Act of 1991, and section 22-2-109(1), C.R.S., State board of education – additional duties.

These rules establish the standards and criteria for the issuance of licenses and authorizations to teachers, special services providers, principals, and administrators.

The Act calls for the State Board of Education to adopt rules for a three-tiered system of licensure for education personnel which includes an initial license for entry-level educators, a professional license for experienced educators, and a voluntary master certificate for outstanding educators. These rules also provide for the issuance of authorizations to educators as necessary to meet the needs of Colorado schools and students. Criteria for the renewal of licenses and authorizations, which provide for significant involvement of practicing educators, are established.

Section 22-60.5-106, C.R.S. requires the State Board to establish appropriate license endorsement areas and their eligibility criteria. The endorsement criteria for subject areas and other areas of educational specialization for teachers, special service providers, principals and administrators are set forth in these rules.

Standards and processes for the approval of educator preparation programs through institutions of higher education and designated agencies for alternative preparation are provided. These rules provide a process for the recognition of educator preparation programs in other states to facilitate the movement of educators among states. The rules establish the requirements for induction programs to assist new educators through support, supervision, ongoing professional development and evaluation.

The rules establish the standards and processes by which licenses may be denied, suspended, annulled or revoked for conviction of certain criminal offenses, unethical behavior, professional incompetence, and other reasons enumerated by statute. Other miscellaneous provisions are included to meet the requirements of the Act. 2.00 General Licensing Regulations The Colorado Department of Education has the sole authority to issue educator licenses and authorizations. Pursuant to sections 22-63-201 and 22-32-126, C.R.S., a Colorado license or authorization is required for employment as a teacher, special services provider or principal in a Colorado school or school district. All licenses and authorizations must be endorsed to indicate the grade levels/developmental levels and specialization area(s) which are appropriate to the applicant's preparation, training and experience. 2.01 Definitions 2.01(1) Accepted institution of higher education: An institution of higher education that offers at least the standard bachelor's degree and is recognized by one of the following regional associations: Western Association of Schools and Colleges; Northwest Commission on Colleges and Universities; Higher Learning Commission; New England Commission of Higher Education; Southern Association of Colleges and Schools; or Middle States Commission on Higher Education. 2.01(2) Administrator: Any person who may or may not be licensed, but who administers, directs or supervises an education instructional or education-related program, or a portion thereof, in any school or school district, or nonpublic school in the state and who is not the chief executive officer or an assistant chief executive officer of such school. 2.01(3) Alternative principal: Any person employed as the chief executive officer or an assistant chief executive officer of any school in the state to administer, direct or supervise the education instruction program in such school or nonpublic school under a principal authorization and is actively participating in an alternative principal program or an individualized alternative principal program. 2.01(4) Alternative principal program: a program of study provided by a designated agency, as described in section 22-60.5-305.5(6), C.R.S., for principal preparation designed to provide the information, experience, and training to enable participants to develop the skills and obtain experience and training comparable to that possessed by a person who qualifies for an initial principal license. 2.01(5) Alternative teacher contract: A one- or two-year contract, as described in

section 22-60.5-207 C.R.S., entered into by a holder of an alternative teacher license pursuant to section 22-60.5- 201(1)(a), C.R.S., or an interim authorization pursuant to 22-60.5-111(7), C.R.S., and a school district, board of cooperative services, nonpublic school, or charter school that provides or participates in, a one-year or two-year alternative teacher program. 2.01(6) Alternative teacher program: A one-year or two-year program of study and training for teacher preparation for a person of demonstrated knowledge and ability who holds an alternative teacher license or an interim authorization. An alternative teacher program must meet the standards of and obtain the approval of the state board of education and, upon completion, lead to a recommendation for licensure by the designated agency providing the alternative teacher program. 2.01(7) Alternative teacher support team: A team established by the designated agency for each holder of an alternative teacher license or an interim authorization pursuant to 22-60.5-111(7), C.R.S., employed as an alternative teacher. At a minimum, each alternative teacher support team must be composed of the alternative teacher's mentor, the building principal and a representative of the approved designated agency. 2.01(8) Alternative teacher: Any person employed to instruct students in any public or nonpublic school in the state under an alternative teacher license or interim authorization pursuant to 22-60.5-111(7) and actively participating in an alternative teacher program. 2.01(9) Approved content tests: assessments approved by the State Board of Education for the purpose of evaluating the required subject matter knowledge and skills for a license, authorization, and/or endorsement. 2.01(10) Approved induction program: A program of continuing professional development for initial license-holders that meets the requirements of and is approved by the State Board of Education, and that upon completion leads to a recommendation for a professional license by the school district or districts, charter school, nonpublic school, or the institute providing such induction 2.01(11) Approved program of educator preparation: A program of study for the preparation of educators, approved by the State Board of Education, that prepares educator candidates to meet the quality standards established pursuant to section 22-9-105.5 (10), C.R.S. and the requirements for licensure endorsement(s) adopted by state board rule pursuant to section 22-60.5-106, C.R.S. and which, upon completion, leads to a recommendation for licensure. 2.01(12) Board of Cooperative Services (BOCES): A regional educational service unit designed to provide supporting, instructional, administrative, facility, community or any other services contracted by participating members. 2.01(13) Board of education: The governing body authorized by law to administer the affairs of any school district in the state except junior and community college districts. “Board of education” also includes a BOCES organized pursuant to

section 22-5-101, C.R.S. 2.01(14) Charter school: A school authorized by a school district pursuant to Part 1 of Article 30.5 of Title 22 or a school authorized by the state charter school institute pursuant to Part 5 of Article 30.5 of Title 22. 2.01(15) Colorado Academic Standards: The state academic standards that identify the knowledge and skills that a student should acquire as the student progresses from preschool through elementary and secondary education, as adopted by the State Board of Education pursuant to section 22-7-1005, C.R.S. The Colorado Academic Standards are available at www.cde.state.co.us. 2.01(16) Colorado Teacher of the Year: The Colorado teacher selected as Teacher of the Year in the state program administered by the Department and coordinated through the national teacher of the year program. 2.01(17) Critical teacher shortage: A grade level or content area in which a local education provider (LEP) determines there is a severe need and impact on students and in which an LEP has been unable to place an appropriately licensed teacher in the vacant position(s) despite reasonable attempts to fill the position. 2.01(18) Department of Education or Department: The Colorado State Department of Education (CDE) as defined in section 24-1-115, C.R.S. 2.01(19) Designated agency: A school district or districts, a BOCES, an accepted institution of higher education, a nonprofit organization, a charter school, nonpublic school, the institute or any combination thereof that is responsible for the organization, management and operation of an alternative teacher program or an alternative principal program. 2.01(20) Diversity: The backgrounds of all students and school personnel. 2.01(21) Endorsement: The designation on a license or an authorization of grade level(s) or developmental level(s), subject matter, or service specialization in accordance with the preparation, training and experience of the holder of such license or authorization. Endorsements typically reflect major areas of specialization. 2.01(22) Field-based experiences: Experiences conducted at a school site, school administration center, school clinic, or community agency. These experiences may include classroom observations; tutoring; assisting school principals, administrators, teachers or special services providers; participation in schooland community-wide activities; student teaching or internships. 2.01(23) Individualized alternative principal program: Created in collaboration between a school district, charter school, the institute, or nonpublic school and an individual identified as requiring principal preparation, it is a plan of preparation that aligns to the Principal Quality Standards in section 6.00 of these rules and comprises coursework, practicums and other educational requirements the individual will complete while serving as a principal or assistant principal under a principal authorization in the collaborating school district, charter school, the institute or nonpublic school. 2.01(24) Institute: The state charter school institute created pursuant to section 22- 30.5-503, C.R.S. 2.01(25) Licensure: The official recognition by a state governmental agency that an individual has met state-mandated minimum requirements and is approved to practice as a duly certified/licensed educator in the state. 2.01(26) Local education provider (LEP): A school district, a charter school authorized by a school district pursuant to Part 1 of Article 30.5 of Title 22, C.R.S., a charter school authorized by the State Charter School Institute pursuant to Part 5 of Article 30.5 of Title 22, C.R.S., or a BOCES created and operating pursuant to Article 5 of Title 22, C.R.S. that operates a public school. 2.01(27) Mentor administrator: Any administrator who is designated by a school district or districts, charter school, nonpublic school, or the institute providing an approved induction program for initial administrator license-holders, who has demonstrated outstanding administrative skills and school leadership and who can provide exemplary modeling and counseling to initial administrator licenseholders participating in an approved induction program. 2.01(28) Mentor principal: Any principal who is designated by a school district or districts, charter school, nonpublic school, or the institute providing an approved induction program for initial principal license- holders, who has demonstrated outstanding principal skills and school leadership and who can provide exemplary modeling and counseling to initial principal license- holders participating in an approved induction program. 2.01(29) Mentor special services provider: Any special services provider who is designated by a school district or districts, charter school, nonpublic school, or the institute providing an approved induction program for initial special services license-holders, who has demonstrated outstanding special services provider skills and school leadership and who can provide exemplary modeling and counseling to initial special services license-holders participating in an approved induction program. 2.01(30) Mentor teacher: A teacher who holds a professional license designated by a school district, charter school or nonpublic school, who has demonstrated outstanding teaching and school leadership and who can provide exemplary modeling and counseling to novice teachers. 2.01(31) Nonpublic school: Any independent or parochial school that provides a basic academic education. Neither the State board of Education nor any local school board has jurisdiction over the internal affairs of any independent or parochial school in Colorado. 2.01(32) Practicum: An intensive experience in which candidates practice and demonstrate professional skills and knowledge. Student teaching and internships are examples of a practicum. 2.01(33) Principal: Any person who is employed as the chief executive officer or an assistant chief executive officer of any school in the state and who administers, directs or supervises the education instruction program in such school or nonpublic school. 2.01(34) Qualified, licensed teacher: An individual who holds a valid Colorado teaching license in the grade level and subject endorsement area(s) in which that individual teaches or will teach. 2.01(35) Rural school district: A school district in Colorado that the Department determines is rural, based on the district’s geographic size and its distance from the nearest large, urbanized area, with a total student enrollment of 6,500 students or fewer students. 2.01(36) School: Any of the public schools of the state. 2.01(37) School district: Any school district organized and existing pursuant to law, but not including junior or community college districts. “School district” includes a BOCES organized pursuant to 22-5-101, C.R.S. 2.01(38) Special services provider: Any person other than a teacher, principal or administrator who is employed by any school district, charter school, nonpublic school or the institute to provide professional services to students in direct support of the education instructional program. 2.01(39) Specialization area: The sequence of courses and experiences in the academic or professional area that the candidate plans to teach, for the grade level(s) or developmental level(s) at which the candidate plans to teach, and/or for the services that the candidate plans to provide. Examples of specialty areas include science (grades 7-12), elementary education (grades K-6), early childhood education (ages birth-8), reading specialist (grades K-12) and physical education (grades K-12)., 2.01(40) State Board of Education: The Colorado State Board of Education established by section 1 of Article IX of the Constitution of the State of Colorado. 2.01(41) Student teaching: Part of the 800 hours of field or clinical experience required in a teacher preparation program as specified in 11.02 of these rules, that is an in-depth, direct teaching experience conducted in a school and classroom setting. It is considered a culminating field- based experience for the basic teacher preparation program where candidates practice and demonstrate professional skills and knowledge. 2.01(42) Student: A child or youth who has attained 3 years of age on or before August 1 and who is under 21 years of and who is enrolled in any public or nonpublic school in the state. 2.01(43) Teacher: Any person employed to instruct students in any public or nonpublic school in the state. 2.01(44) Teacher apprentice: A person who is registered and enrolled in a stateapproved teacher degree apprenticeship program (pursuant to section 22-60.5- 111.5, C.R.S.), is enrolled in an affiliated bachelor’s degree program from an accredited institution, and holds a teacher apprenticeship authorization pursuant to section 22-60.5-111(16), C.R.S. 2.01(45) Teacher of record: A person licensed pursuant to section 22-60.5- 201(1)(a.5), C.R.S. 2.02 Validity of certificates/license. 2.02(1) Certificates and letters of authorization issued by the Department prior to July 1, 1994, must remain valid for the period for which they were issued. 2.02(2) Endorsements placed on teacher or special services certificates prior to July 1, 1994, which were based on major areas of specialization or experience and academic credit, may be issued on subsequent teacher or special services license renewals provided all renewal requirements specified in section 7.00 of these rules have been met. 2.02(3) Certificates, licenses and authorizations which have expired are not valid unless the applicant has submitted a complete and qualifying application to the Department prior to the expiration date identified on the certificate, license or authorization. 2.03 General Requirements for Colorado Licenses 2.03(1) Degree. Each applicant for a Colorado license must hold the appropriate academic degree for the license and/or endorsement sought from an accepted institution of higher education. 2.03(1)(a) It will be determined that an applicant “holds” or “has been awarded” the bachelor's or higher degree when the registrar of the accepted institution of higher education certifies that the applicant has met all institutional requirements for graduation with the degree, whether or not the degree has been conferred upon the applicant in formal ceremonies or otherwise conveyed to the individual. 2.03(1)(b) The Department and accepted institutions of higher education may recognize credits and degrees earned in foreign institutions of higher education if, after appropriate evaluation by an established credentials evaluation service as selected by the Department, there is evidence that such credits and degrees are the equivalent of those approved as fulfilling the specific license requirements. 2.03(2) Approved program of preparation. An initial license may be issued upon satisfactory completion of an approved program of preparation, an alternative teacher program, an alternative principal program, an individualized alternative principal program, an approved Colorado teacher degree apprenticeship program or an out-of-state educator preparation program approved or authorized by a state other than Colorado as defined in section 2.03(3)(b) of these rules, and upon demonstration of required competencies as specified in these rules.

Applicants who completed an approved program in a state other than Colorado must meet the requirements in section 2.03(3) of these rules. 2.03(3) Out-of-state applicants. An initial license may be issued to an applicant from another state or country whose qualifications meet or exceed the requirements of the State Board of Education and who has met the following requirements: 2.03(3)(a) has completed the appropriate degree, experiences and educational level for the license and endorsement(s) requested as specified in these rules; 2.03(3)(b) has successfully completed an educator preparation program approved or authorized by a state other than Colorado, including a program at an accepted institution of higher education in the endorsement area sought or another educator preparation program, including an alternative teacher preparation program; 2.03(3)(c) has successfully completed a clinical experience that meets or exceeds Colorado’s field-based experience requirement as specified in 11.02 of these rules; 2.03(3)(d) holds a standard license issued by the state education agency of another state or country, is eligible to hold a standard license issued by the state education agency of the preparing state, or meets the official requirements of the legally designated licensing agency of the preparing state; and 2.03(3)(e) has demonstrated professional competencies and depth of content knowledge appropriate to the license and endorsement requested, as specified in 2.03(4) of these rules. 2.03(4) An out-of-state applicant must meet the subject matter knowledge requirements for every endorsement sought by demonstrating professional competencies and depth of content knowledge for each endorsement or by providing evidence of completion of three or more years of successful full-time, fully licensed, evaluated, post-preparation experience in the endorsement area(s) sought within the previous seven years as a teacher, special services provider, principal or administrator in an established elementary or secondary school in another state or country. 2.03(4)(a) Applicants who satisfy the requirements of sections 2.03(3)(a)-(d) but not 2.03(3)(e) may be eligible for an interim authorization as provided in section 3.19 of these rules. 2.03(4)(b) Applicants who satisfy the requirements in sections 2.03(3)(a)-(d) but not 2.03(3)(e) and who provide evidence of completion of three or more years of successful full-time, fully licensed, evaluated postpreparation experience within the previous seven years as a teacher, special services provider, principal, or administrator in an established elementary or secondary school in another state or country, may be eligible for a Colorado professional license. 2.03(5) The State Board of Education may enter into interstate reciprocal agreements whereby the Department agrees to issue initial licenses to persons licensed in other states and such states agree to issue licenses to Colorado license-holders. Such agreements must not be inconsistent with section 2.03(3) 2.03(6) Pursuant to section 22-60.5-201(3)(c), C.R.S., the state board may annually designate teacher shortage areas and modify the requirements for licensure and endorsement in such shortage areas for the purpose of issuing initial teacher licenses or interim authorizations as outlined in these rules to applicants. 2.03(7) Pursuant to section 22-60.5-201(3.5), C.R.S., the Department may issue professional teacher licenses to applicants who have earned and present certificates issued by the National Board for Professional Teaching Standards. 2.04 Application Procedures 2.04(1) Prior to submitting to the Department an application for a license, authorization, or endorsement, or for the renewal of a license or authorization, the applicant must submit to the Colorado Bureau of Investigation (CBI) a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of a school district or BOCES using fingerprinting equipment that meets the Federal Bureau of Investigation image quality standards, or any third party approved by the CBI for the purpose of obtaining a criminal history record check, and any fingerprint processing fee(s). 2.04(1)(a) The applicant must give his or her social security number, if any, to the CBI and must indicate to the CBI that the criminal history is to be forwarded to the Department. An applicant who holds an ITIN but not a social security number may contact CDE to initiate the criminal history record check process. 2.04(1)(a)(i) If an individual submits an application or renewal application after the expiration of a credential, the individual must submit a new, complete set of fingerprints to the CBI. 2.04(1)(a)(ii) If an applicant previously submitted a complete set of fingerprints to the CBI pursuant to section 22-2-119.3, C.R.S., the individual need not submit a new set of fingerprints unless: (1) he or she has not continuously resided in Colorado for more than one full year; (2) he or she submits an application or renewal application after the expiration of a credential from the Department; or (3) the individual has been convicted of a felony or misdemeanor, other than a misdemeanor traffic offense or traffic infraction, subsequent to the educator's licensure or authorization. 2.04(2) An applicant must submit a complete application to the Department via its online system, which includes all required information and documentation as set forth in these rules, the application form, and any other application instructions published by the Department on its website. Required information and documentation includes that which the applicant is responsible for submitting and any other information and documentation that may be required from other sources to support the application, including but not limited to the following: 2.04(2)(a) The applicant must provide official transcripts showing conferral of the degree required for the license and endorsement sought: 2.04(2)(a)(i) Each transcript must be authentic, original or photocopy, bearing the printed or embossed seal of the institution and the signature of the registrar, and include descriptive titles, course numbers, credits and grades for each course listed and degrees conferred, if any. For the purpose of these rules, credits must be in semester hours. Quarter, trimester, unit or term credits will be converted to semester hours at the time of evaluation. Submission of an incomplete, unofficial or illegible transcript will render an application incomplete. 2.04(2)(a)(ii) Transcripts from institutions of higher education outside the United States must be evaluated by an established credential evaluation service, selected by the Department, for course equivalence. 2.04(2)(a)(iii) Copies of official transcripts submitted with an application become part of the applicant's record with the Department and are not returnable. 2.04(2)(b) The applicant must provide an institutional recommendation from the educator preparation program, appropriate to the license sought and on the Department’s program verification form, which at a minimum confirms: the date of completion of an educator preparation program; endorsement area(s) and grade level(s); completion of student teaching, clinical experience or practicum; that the applicant holds or is eligible to hold a license in the preparing state or territory; and any additional information requested on the Department form. 2.04(2)(b)(i) The recommendation must certify that the applicant completed the educator preparation program in a satisfactory manner and is in good standing; and 2.04(2)(b)(ii) The recommendation must indicate the subject and level or grades of student teaching, the number of hours of field-based experience performed, and the area of recommended endorsement as defined in section 4.00 of these rules. 2.04(2)(b)(iii) An individual applying for an initial license or professional license for the first time who holds a valid license or certificate in another state and demonstrates three or more years of successful full-time, evaluated, fully licensed teaching experience (post completion of an educator preparation program) within the previous seven years may be exempt from the institutional recommendation requirement. 2.04(2)(c) When demonstrating professional competencies and depth of content knowledge by approved content test(s), the applicant must provide a copy of the official test score report(s). Submission of a score report for a test not approved by the state board at the time of application will render the application incomplete. When demonstrating professional competencies and depth of content knowledge by portfolio submission, achievement of sufficiently high education course work grades of B minus or better, or a combination of methods, failure to submit the documentation or other evidence required by state board rule for the license sought will render the application incomplete. 2.04(2)(d) Out-of-state applicants must include a copy of any and all educator credentials held (valid or expired) in other states or territories. 2.04(2)(e) The applicant must submit the following to verify their identity: 2.04(2)(e)(i) the applicant’s name and mailing address; and 2.04(2)(e)(ii) applicant’s social security number, or if unavailable, the individual taxpayer identification number, and one of the following documents verifying the applicant’s identity: a clear copy of one of the following forms of government- issued photo identification: a valid passport or passport card; a valid driver’s license from any state; an identification card or document from any state; a United States military card or a military dependent identification card; a United States Coast Guard Merchant Mariner card; or a Native American tribal document. 2.04(2)(f) The applicant must submit a complete and accurate response, including but not limited to every required disclosure, form and supporting document, to every applicable section of the online application and attest that all information submitted is true and complete to the best of the applicant’s knowledge. 2.04(3) The fee for the evaluation and review of an application is established by the State Board of Education and shall be nonrefundable. 2.04(4) In any application for licensure, the applicant must indicate all endorsements sought and pay the established fees for the requested endorsement(s) at the time of submission of the application. If an applicant fails to indicate an endorsement(s) sought in a license application and subsequently seeks an endorsement, the Department will not consider the endorsement request until the applicant submits a complete added endorsement application and all required fees. 2.04(5) An application is deemed complete when all required information, documentation and fees are received by the Department. An application that fails to include required information, documentation or fees will be deemed incomplete. Within 45 business days of submission, an applicant whose application is deemed incomplete will be notified and may cure the deficiency or submit to the Department a written request for reconsideration which states the

basis for reconsideration. An applicant who fails to cure the deficiency or request reconsideration within 60 days of notification will be deemed to have withdrawn the application and such withdrawal shall not be subject to appeal or review. The Department will issue a written determination to an applicant in response to any request for reconsideration within 30 days of its receipt of the request. 2.04(6) Applications that are initiated in the Department’s online system but not submitted will be closed and deemed withdrawn 14 days after initiation. Such closed and withdrawn applications shall not be subject to appeal or review. 2.04(7) The Department will promptly act upon complete applications. The Department may require additional information and documentation from an applicant to determine compliance with applicable laws and rules or to verify any information and documentation submitted. 3.00 License, Master Certificate, Authorization & Endorsement Qualifications This section 3.00 sets forth the general requirements for endorsements and adding subsequent endorsements to a teacher, special services or administrator license, as well as the discontinuation and establishing endorsements. Requirements for an initial endorsement issued on a teacher, special services, principal or administrator license or authorization are set forth in rules 3.01-3.29. 3.00(1) Review of license and endorsement standards: 3.00(1)(a) Pursuant to 22-2-109(1)(g)-(i), C.R.S., the standards of qualification, preparation and experience required for the issuance of licenses and which prescribe standards for endorsement appropriate for licenses must be reviewed periodically for currency. 3.00(1)(b) The Colorado State Board of Education shall establish by rule and

regulation appropriate endorsements and the criteria for such endorsements; and 3.00(1)(c) The Colorado State Board of Education must establish a schedule for the review of all license/endorsement standards. 3.00(2) Development and approval of new endorsement areas and the discontinuance of endorsement areas: 3.00(2)(a) The Department must utilize appropriate content area representatives from among the education community and interested stakeholders to develop the recommendations for consideration by the state board with regard to the adoption of new endorsement areas or the discontinuance of endorsement areas that are no longer relevant or applicable to student needs.

License-holders may qualify for additional endorsements as follows: 3.00(3) Second or subsequent endorsements to a teacher license may be awarded by the department based on one of the following: 3.00(3)(a) completion of an approved program of teacher preparation at an accepted institution of higher education, which includes completion of field experiences, student teaching or practicum or internship, unless waived by the approved institution pursuant to the following: 3.00(3)(a)(i) a waiver of field experience, student teaching, practicum or internship may be granted upon verification of satisfactory experience in the area of endorsement being sought. Waivers of coursework or other program requirements may also be granted for work experience, including teaching or administrative experience in schools. 3.00(3)(a)(ii) institutions of higher education must have written criteria, procedures and due- process procedures for the recognition of competencies acquired through experience. Such criteria and dueprocess procedures must include a process for appealing the denial of a request for waiver of field experience, student teaching, practicum, internship or other coursework or program requirements. 3.00(3)(a)(iii) applicants who complete approved programs for additional endorsements must provide evidence of successful completion of the Colorado State Board of Education– approved assessment of content area knowledge in the endorsement area being sought, where required. 3.00(3)(b) academic preparation, experience or assessment for endorsements in section 4.00 of these rules: 3.00(3)(b)(i) for elementary education (grades k-6) or early childhood education (ages 0-8): 3.00(3)(b)(i)(A) passage of the Colorado State Board of Education-approved content exam(s) for the specified endorsement; or 3.00(3)(b)(i)(B) submitting evidence of achieving coursework in the endorsement area sought, as defined by the department and specified in rule 3.01(1)(e)(iv), with a minimum grade of B minus; 3.00(3)(b)(ii) for special education generalist (ages 5-21) and early childhood special education (ages 0-8): 3.00(3)(b)(ii)(A) completion of an approved preparation program or verification of 24 semester hours of specific coursework completed at an accepted institution of higher education, of which up to six semester hours may be fulfilled via verified relevant teaching experience or professional development activities, as determined by the department; 3.00(3)(b)(ii)(B) passage of the Colorado State Board of Education-approved exams for the specified endorsement; or 3.00(3)(b)(ii)(C) submitting evidence of achieving coursework in the endorsement area sought, as defined by the department and specified in rule 3.01(1)(e)(iv), with a minimum grade of B minus. 3.00(3)(b)(iii) for secondary (grades 6-12), middle school mathematics (grades 6-8) and any K-12 and other endorsements not identified in

rule 3.00(1)(b)(iv)-(xi): 3.00(3)(b)(iii)(A) a bachelor’s or higher degree in the endorsement area; or 3.00(3)(b)(iii)(B) verification of 24 semester hours of specific coursework completed at an accepted institution of higher education, of which up to six semester hours may be fulfilled via verified relevant teaching experience or professional development activities, as determined by the Department; or 3.00(3)(b)(iii)(C) passage of the Colorado State Board of Education-approved exam for the specified endorsement. 3.00(3)(b)(iv) for culturally and linguistically diverse education (grades K- 12): 3.00(3)(b)(iv)(A) a valid Colorado teacher license; and 3.00(3)(b)(iv)(B) completion of an approved preparation program as specified in 4.21 of these rules or verification of 24 semester hours of specific coursework completed at an accepted institution of higher education, for which up to six semester hours may be fulfilled via verified relevant teaching experience of professional development activities, as determined by the department; 3.00(3)(b)(v) for culturally and linguistically diverse education bilingual specialist (grades K-12): 3.00(3)(b)(v)(A) a valid Colorado teacher license with a culturally and linguistically diverse education endorsement; 3.00(3)(b)(v)(B) completion of an approved program for culturally and linguistically diverse bilingual specialists as specified in 4.22 of these rules or demonstration of the standards, as determined by the department. 3.00(3)(b)(vi) for mentor teacher (grades K-12): 3.00(3)(b)(vi)(A) a valid Colorado teacher license; 3.00(3)(b)(vi)(B) completion of an approved mentor teacher training program as specified in 4.24 of these rules; and 3.00(3)(b)(vi)(C) completion of one full school year of successful experience serving as a mentor teacher for a teacher candidate who is participating in clinical practice or for a novice teacher. 3.00(3)(b)(vii) for gifted education (ages 4-21); 3.00(3)(b)(vii)(A) a valid Colorado teacher license; and 3.00(3)(b)(vii)(B) completion of an approved program as specified in 4.29 of these rules. 3.00(3)(b)(viii) for mathematics specialist (grades K-12); 3.00(3)(b)(viii)(A) a valid Colorado teacher license with an elementary education (grades K-6), middle school mathematics (grades 6-8) or mathematics (grades 6-12) endorsement; 3.00(3)(b)(viii)(B) three years’ full-time, demonstrated classroom teaching experience; and 3.00(3)(b)(viii)(C) completion of an approved program for mathematics specialists as outlined in 4.30 of these rules, which includes a supervised practicum or internship as a mathematics specialist. 3.00(3)(b)(ix) for teacher librarian (grades K-12): 3.00(3)(b)(ix)(A) a valid Colorado teacher license; and 3.00(3)(b)(ix)(B) completion of an approved program as specified in 4.31 of these rules. 3.00(3)(b)(x) for adapted physical education (ages 3-21): 3.00(3)(b)(x)(A) a valid Colorado teacher license with a physical education endorsement earned via completion of an approved physical education program as specified in 4.16 of 3.00(3)(b)(x)(B) completion of an approved adapted physical education program for school-aged children, including a 200hour practicum across elementary and secondary grade levels, as specified in 4.32 of these rules. 3.00(3)(b)(xi) for reading specialist (grades K-12); 3.00(3)(b)(xi)(A) a valid Colorado teacher license; 3.00(3)(b)(xi)(B) an earned master’s degree in reading; 3.00(3)(b)(xi)(C) three years’ full-time teaching experience; and 3.00(3)(b)(xi)(D) completion of an approved reading specialist program, including a supervised practicum or internship, as specified in 4.33 of these rules. 3.00(3)(c) If the annual 1,000-limit of portfolio reviews as described in 3.01(1)(e)(iii) has not been reached, licensed Colorado teachers seeking additional endorsements may demonstrate professional competencies using the multiple measures set forth in 3.01(1)(e). 3.00(4) Second or subsequent special services endorsements may be awarded by the department upon fulfilling the requirements per specialty as specified in 3.02 3.00(5) Second or subsequent administrator endorsements may be awarded by the department upon fulfilling the requirements per endorsement as specified in 3.04 of these rules. 3.00(6) In the event that the State Board of Education discontinues an endorsement, individuals who at the time of discontinuance are actively enrolled in a Colorado program for the discontinued endorsement have five years from the date the endorsement is discontinued to complete their program and apply to the Colorado Department of Education for the endorsement. 3.00(7) Applicants will have a maximum of five years from the date of a discontinued content exam to submit an application with the successful content exam score report to satisfy exam criteria for that endorsement. 3.01 Initial Teacher License An initial teacher license is valid for three years from the date of issuance and may be renewed as provided in section 7.01 of these rules. 3.01(1) An initial teacher license may be issued to an applicant who: 3.01(1)(a) holds an earned bachelor’s or higher degree from an accepted 3.01(1)(b) has completed an approved program of preparation at an accepted institution of higher education or state-approved alternative preparation program, including the clinical experience as specified in 11.02 of these rules; 3.01(1)(c) has provided an institutional recommendation which meets the requirements outlined in 2.04(2)(b) and: 3.01(1)(c)(i) verifies satisfactory completion of the approved program; 3.01(1)(c)(ii) specifies the grade/developmental level(s) and endorsement area(s) or specialization(s) completed by the applicant; 3.01(1)(c)(iii) verifies successful completion of student teaching, internship or practicum as specified in 2.01(41) of these rules; the grade/developmental level(s) and endorsement/specialization areas of the experience; and 3.01(1)(c)(iv) certifies that the applicant has demonstrated thorough knowledge of the subject matter to be taught and has the competencies essential for educational service as specified in 3.01(1)(e) of these rules. 3.01(1)(d) has submitted a complete application for a license as defined in

section 2.04 of these rules; and 3.01(1)(e) has demonstrated professional competencies and depth of content knowledge necessary for teaching in the endorsement area as outlined below: 3.01(1)(e)(i) for an early childhood education (ages birth-8), early childhood special education (ages birth-8), elementary education endorsement (grades K-6) or special education generalist (ages 5- 21) endorsement: 3.01(1)(e)(i)(A) passage of the Colorado State Board of Education-approved content exam(s); or 3.01(1)(e)(i)(B) an approved submission of demonstrated professional competencies and depth of content knowledge necessary for teaching in the endorsement area, as determined by the department, as specified in 3.01(1)(e)(iii) 3.01(1)(e)(ii) for a secondary (grades 6-12), middle school mathematics (grades 6-8) and K-12 or other endorsement areas not specified in 3.01(1)(b)(vi)-(xi) of these rules: 3.01(1)(e)(ii)(A) an earned bachelor’s or higher degree from an accepted institution of higher education in the endorsement area; 3.01(1)(e)(ii)(B) verification of 24 semester hours of qualifying coursework in the endorsement area sought, as defined by the department, with a minimum grade of B minus, completed at an accepted institution of higher education; 3.01(1)(e)(ii)(C) passage of the Colorado State Board of Education-approved content exam; or 3.01(1)(e)(ii)(D) an approved submission of demonstrated professional competencies and depth of content knowledge necessary for teaching in the endorsement area, as determined by the Department, as specified in 3.01(1)(e)(iii) 3.01(1)(e)(iii) approval of a portfolio of coursework reviewed by the Department or its designee. This option is available for up to 1,000 applicants per fiscal year on a first-come, first-served basis. The Department will publicly post on its website when the 1,000 limit has been reached; 3.01(1)(e)(iii)(A) A portfolio of coursework will consist of coursework and teaching-based artifacts and evidence that demonstrate professional competencies and depth of content knowledge, including, but not limited to, live teaching videos, copies of lessons developed by the applicant, syllabi and other curricular materials developed by the applicant, papers written by the applicant, demonstrated classroom experience in which a rubric review was utilized, and/or professional development assessment of content knowledge, etc. 3.01(1)(e)(iii)(B) Portfolio artifacts and evidence must be submitted with a content matter worksheet(s) for the endorsement sought and demonstrate competency in the endorsement area as defined by the endorsement area standards in section 4.00 of these rules. 3.01(1)(e)(iii)(C) Portfolio coursework artifacts and evidence of depth of content knowledge will be evaluated based on the degree to which they demonstrate competency in the endorsement area sought, as outlined below, and applicants will receive ratings of “met” or “not met” based on the alignment of the artifacts and evidence to the endorsement area standards in section 4.00 of these rules. Each applicable endorsement standard will be evaluated as follows: 3.01(1)(e)(iii)(C)(I) No evidence = No evidence provided or provided evidence does not align to the endorsement standard; 3.01(1)(e)(iii)(C)(II) Insufficient evidence = Evidence provided does not fully demonstrate attainment of the standard; and 3.01(1)(e)(iii)(C)(III) Adequate evidence = Evidence provided demonstrates attainment of the standard; 3.01(1)(e)(iv) submitting evidence of achieving coursework in the endorsement area sought, as defined by the Department, with a minimum grade of B minus; or 3.01(1)(e)(v) a combination of the measures outlined in 3.01(1)(e). 3.01(2) An initial teacher license may be issued to an applicant who has completed an alternative teacher program and who: 3.01(2)(a) holds an alternative teacher license as prescribed in section 3.12 of these rules or an interim authorization as prescribed in section 3.19(2) of 3.01(2)(b) has completed an alternative teacher program as defined in section 2.01(6) of these rules; 3.01(2)(c) has submitted a complete application for an initial license as defined in section 2.04 of these rules; 3.01(2)(d) has provided an institutional recommendation from the approved designated agency and which meets the requirements outlined in 2.04(2)(b), and: 3.01(2)(d)(i) verifies satisfactory completion of the alternative teacher 3.01(2)(d)(ii) verifies employment as an alternative teacher as provided in sections 22-60.5-201 and 22-60.5-205, C.R.S., in the endorsement area sought; and 3.01(2)(d)(iii) certifies that the applicant has demonstrated thorough knowledge of the subject matter to be taught and has demonstrated the competencies essential for educational service. 3.01(2)(e) has demonstrated subject matter knowledge necessary for teaching in the endorsement area as specified in 3.01(1)(e) of these rules. 3.01(3) An initial teacher license may be issued to an applicant who has completed a Colorado State Board of Education-approved Teacher Degree Apprenticeship Program and who: 3.01(3)(a) holds a teacher degree apprenticeship authorization as prescribed in 3.29 of these rules; 3.01(3)(b) has submitted a complete application for an initial teacher license as defined in 2.04 of these rules; 3.01(3)(c) has received a recommendation for initial licensure from the Teacher Degree Apprenticeship Program sponsor, which verifies the candidate has: 3.01(3)(c)(i) satisfied all requirements to earn a bachelor’s degree; 3.01(3)(c)(ii) satisfactorily completed the Level 4 one-year teacher of record requirement; 3.01(3)(c)(iii) satisfactorily reached Level 5 to complete the Teacher Degree Apprenticeship Program; and 3.01(3)(d) has demonstrated professional competencies and depth of content knowledge necessary for teaching in the endorsement area as specified in 3.01(1)(e) of these rules. 3.01(3)(e) An applicant who competes an approved induction program and receives a certificate of apprenticeship completion from the Teacher Degree Apprenticeship Program sponsor may qualify for a professional teacher license, as specified in 3.05(4) of these rules. 3.02 Initial Special Services License An initial special services license is valid for three years from the date of issuance and may be renewed as provided in section 7.01 of these rules. 3.02(1) An initial special services license may be issued to an applicant who: 3.02(1)(a) meets the requirements for the specialty area specified in 3.02 of these rules: 3.02(1)(b) has supplied an institutional recommendation which meets the requirements outlined in 2.04(2), and: 3.02(1)(c) verifies satisfactory completion of the appropriate degree for the specialization from an accepted institution of higher education; 3.02(1)(d) specifies the area(s) of specialization completed by the applicant; 3.02(1)(d)(i) verifies successful completion of internship or practicum in a school setting or other appropriate setting, as specified by rule for the specialization area sought for licensure; 3.02(2)(d)(ii) certifies that the applicant has demonstrated thorough knowledge of the special service area and has the professional competencies essential for educational service; and 3.02(1)(e) has submitted a complete application for a license as defined in

section 2.04 of these rules. 3.02(2) An initial special services license may be issued in one or more of the following specializations: 3.02(2)(a) School Audiologist (Ages Birth-21) 3.02(2)(a)(i) holds a clinical doctorate in audiology from an accepted 3.02(2)(a)(i)(A) for candidates who graduated before July 1, 2007, a master’s degree in audiology meets this requirement; 3.02(2)(a)(ii) has successfully completed an accredited audiology program and 3.02(2)(a)(iii) has passed the state-approved audiology exam. 3.02(2)(a)(iv) An individual who provides a valid license to practice audiology in Colorado pursuant to the Audiologists Practice Act (section 12-210-101, et. seq., C.R.S.) or a valid license issued by another state and is able to practice audiology in Colorado pursuant to the audiology and speech-language pathology interstate compact (section 24-60-4202, C.R.S.) satisfies the requirements specified in section 3.02(2)(a)(ii)-(iii). 3.02(2)(b) School Occupational Therapist (Ages Birth-21) 3.02(2)(b)(i) holds an earned bachelor’s or higher degree in occupational therapy from an Accreditation Council for Occupational Therapy Education-accredited program; 3.02(2)(b)(ii) has successfully completed a practicum or internship, as required by the school of occupational therapy attended, which may be held in a variety of settings; 3.02(2)(b)(iii) has passed the occupational therapy national registration examination administered by the national board for certification in occupational therapy; and 3.02(2)(b)(iv) holds a valid license to practice in Colorado pursuant to the Occupational Therapy Practice Act (section 12-270-101, et. seq., C.R.S.) or a valid licensed issued by another state and able to practice in Colorado pursuant to the occupational therapy licensure interstate compact (section 24-60-4101, C.R.S.). 3.02(2)(c) School Orientation & Mobility Specialist (Ages Birth-21) 3.02(2)(c)(i) holds an earned bachelor’s or higher degree from an 3.02(2)(c)(ii) has successfully completed an approved preparation program for orientation and mobility specialists; 3.02(2)(c)(iii) has successfully completed a practicum or internship in a school setting, equivalent to a minimum of 320 full-time hours under the supervision of an Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP)-certified orientation and mobility specialist; 3.02(2)(c)(iv) has passed the ACVREP orientation and mobility specialist exam; and 3.02(2)(c)(v) holds valid ACVREP Certified Orientation and Mobility Specialist (COMS) -certification. 3.02(2)(vi) An applicant who provides valid ACVREP COMS certification and who meets the practicum experience requirements stated above satisfies the requirements specified in 3.02(2)(c)(ii)- (v). 3.02(2)(d) School Physical Therapist (Ages Birth-21) 3.02(2)(d)(i) holds an earned bachelor’s or higher degree from an 3.02(2)(d)(ii) has completed a physical therapy program accredited by the American Physical Therapy Association’s (APTA) Commission on Accreditation in Physical Therapy Education (CAPTE); and 3.02(2)(d)(iii) holds a valid license to practice in Colorado pursuant to the Physical Therapy Practice Act (section 12-285-101, et. seq., C.R.S.) or a valid license issued by another state and able to practice in Colorado pursuant to the physical therapy licensure compact (section 24-60-3702, C.R.S.). 3.02(2)(e) School Nurse (Ages Birth-21) 3.02(2)(e)(i) holds an associate’s or higher degree in nursing from an accepted institution of higher education or one recognized by the U.S. Secretary of Education as a specialized accrediting agency; 3.02(2)(e)(ii) holds a valid license to practice professional nursing pursuant to the Nurse Practice Act (section 12-255-101, et. seq., C.R.S.) or a valid multi-state license and able to practice in Colorado pursuant to the nurse licensure compact (section 24-60- 3802, C.R.S.) 3.02(2)(f) School Social Worker (Ages Birth-21) 3.02(2)(f)(i) holds an earned master’s or higher degree in social work from an accepted institution of higher education; 3.02(2)(f)(ii) has completed a supervised, 900-clock hour practicum in the field of social work, which must have been completed in a school, social service agency, mental health clinic or facility and/or hospital setting and which provided the social worker opportunities to synthesize and apply a broad range of relevant knowledge and skills, as well as analyze intervene and evaluate in ways that were highly differentiated, discriminating and self-critical, and differentially refine the candidate’s communication skills with a variety of client populations, colleagues and members of the community; 3.02(2)(f)(iii) has successfully completed at least 200 hours working with school-age children/students; 3.02(2)(f)(iv) has documented evidence of completion of coursework in school and special education law, including content covering functional behavior assessment and the development of behavior intervention plans. 3.02(2)(f)(v) An applicant who provides valid Certified School Social Work (C-SSWS) certification from the National Association of Social Workers satisfies the in 3.02(f)(ii)-(iv). 3.02(2)(f)(vi) An applicant who holds a license to practice in Colorado pursuant to Part Four of the Mental Health Practice Act (section 12- 245-401, et. seq., C.R.S.) may meet endorsement requirements upon completion of coursework in school law and special education law, functional behavior assessments and the development of behavior intervention plans. 3.02(2)(g) School Speech-Language Pathologist (Ages Birth-21) 3.02(2)(g)(i) holds an earned master’s or higher degree in communication disorders or speech-language pathology from an American Speech-Language-Hearing Association (ASHA)-approved Council on Academic Accreditation-accredited program at an accepted institution of higher education; and 3.02(2)(g)(ii) has successfully completed a practicum or internship with children/students ages birth-21 in a school setting, equivalent to a minimum of eight weeks full-time, under the supervision of a professionally licensed school speech-language pathologist. 3.02(2)(g)(iii) An applicant who holds valid ASHA Certificate of Clinical Competence (CCC-SLP), a valid license to practice in Colorado as a speech-language pathologist pursuant to the Speech-language Pathology Practice Act (section 12-305-101, et. seq., C.R.S.) or a valid license issued by another state and able to practice in Colorado pursuant to the audiology and speech-language pathology interstate compact (section 24-60-4202, et. seq., C.R.S.)

– and who also meets the practicum experience requirement above – satisfies the requirements specified in 3.02(2)(g)(i)-(ii). 3.02(2)(h) School Psychologist (Ages Birth-21) 3.02(1)(h)(i) has completed an approved Education Specialist (Ed.S.) program with a minimum of 60 graduate semester hours or a doctoral program for the preparation of school psychologists serving students ages 0-21 at an accepted institution of higher education; that includes: 3.02(2)(h)(i)(A) practicums consisting of a sequence of closely supervised on campus or field-based activities, designed to develop and evaluate a candidate’s mastery of district professional skills, consistent with the program and/or course goals; 3.02(2)(h)(i)(B) an internship consisting of a full-time experience over one year or half-time experience over two consecutive years, with a minimum of 1,200 clock hours, of which at least 600 hours must be in a school setting and which requires a candidate to demonstrate, under supervision, the ability to provide a wide range of outcomebased school psychological services, and 600 hours in other acceptable internship experiences including private, stateapproved education programs or other appropriate mental health or education-related programs; 3.02(2)(h)(ii) has passed the state-approved content exam; and 3.02(2)(h)(iii) has successfully fulfilled the requirements specified in

section 5.01 of these rules. 3.02(2)(h)(iv) An applicant who provides a valid Nationally Certified School Psychologist (NCSP) credential satisfies the requirements specified in 3.02(h)(ii)-(iii). 3.02(2)(h)(v) An applicant who holds a valid license to practice in Colorado pursuant to Part Three of the Mental Health Practice Act (section 12-245-301, et. seq, C.R.S.) or a valid license issued by another state and able to practice in Colorado pursuant to the Psychology Interjurisdictional Compact (section 24-60-3902, et. seq., C.R.S), or is eligible to sit for licensure examinations to obtain these credentials, may provide an institutional recommendation from an accredited school psychology program verifying the applicant’s acquisition of the competencies listed in section 5.01 of these rules, including completion of an appropriate internship and a passing score on the state-approved content exam, to satisfy the requirements specified in 3.02(2)(h)(i)(A)-3.02(h)(iii). 3.02(2)(i) School Counselor (PreK-12) 3.02(2)(i)(i) holds a master's or higher degree in school counseling from an accepted institution of higher education or from a Council for Accreditation of Counseling and Related Educational Programsaccredited program, including; 3.02(2)(i)(i)(A) a minimum 100 clock-hour practicum, scheduled throughout the program; 3.02(2)(i)(i)(B) a 600 clock-hour internship, supervised by a licensed school counselor in a school setting with multiple grade levels of students that provides opportunities for the candidate, to engage in a variety of activities that an effective school counselor would be expected to perform; 3.02(2)(i)(ii) has passed the state-approved school counseling assessment; and 3.02(2)(i)(iii) has successfully fulfilled the requirements specified in

section 5.02 of these rules. 3.03 Initial Principal License An initial principal license is valid for three years from the date of issuance and may be renewed as provided in section 7.01 of these rules. 3.03(1) An initial principal license may be issued to an applicant who: 3.03(1)(a) holds an earned bachelor’s or higher degree from an accepted 3.03(1)(b) has completed an approved principal preparation program at an accepted institution of higher education, including the required clinical experience as specified in 11.02 of these rules, an individualized alternative principal program as defined in sections 22-60.5-305.5 and 22- 60.5-111(14), C.R.S., an alternative principal program created by a designated agency and approved by the State Board of Education pursuant to section 22-60.5-305.5(6)(a), C.R.S., or has evidence of partial completion of an approved principal preparation program in each of two or more accepted institutions of higher education. Upon a finding by the Department of completion of the equivalent of any one program by combining work completed at different programs, the requested license may be issued, assuming all requirements set forth in these rules have been met; 3.03(1)(c) has provided an institutional recommendation from the principal preparation program, appropriate to the license sought and on the Department’s program verification form, which at a minimum confirms: 3.03(1)(c)(i) the date of satisfactory completion of an approved principal program and the associated grade levels; 3.03(1)(c)(ii) successful completion of internship or practicum in a school setting; and 3.03(1)(c)(iii) that the applicant has demonstrated thorough knowledge of the Principal Quality Standards specified in section 6.01 of these rules and has the competencies essential for educational service. 3.03(1)(d) provides documented evidence of three or more years of full-time, successful experience working with students as a licensed or certificated professional in a public or nonpublic elementary or secondary school in this state or another state or has three or more years of experience working with students as a professional in a nonpublic school; 3.03(1)(e) has submitted a complete application for an initial license as defined in section 2.04 of these rules; and 3.03(1)(f) has demonstrated professional competencies as evidenced by a passing score on the State Board of Education-approved content test. 3.03(2) An initial principal license must be valid in any school district, BOCES, nonpublic or charter school which provides, participates in or has been granted a waiver from providing an approved induction program for principals as described in section 9.00 of these rules. 3.03(3) An initial principal license must be valid for occasional teaching, which must not constitute more than one-half of a typical teaching assignment. 3.04 Initial Administrator License An initial administrator license is valid for three years from the date of issuance and may be renewed as provided in section 7.01 of these rules. 3.04(1) An initial administrator license may be issued to an applicant who: 3.04(1)(a) holds an earned bachelor’s or higher degree from an accepted 3.04(1)(b) has completed an approved program for district-level administrators at an accepted institution of higher education or has evidence of partial completion of an approved administrator preparation program in each of two or more accepted institutions of higher education. Upon the Department’s determination of completion of the equivalent of any one program by combining coursework completed at different programs, the requested license may be issued, assuming all requirements set forth in these rules have been met; 3.04(1)(c) has supplied an institutional recommendation from the preparing administrator preparation program, appropriate to the license sought and on the Department’s program verification form, which at a minimum confirms: 3.04(1)(c)(i) the date of satisfactory completion of an approved administrator program and the associated grade levels; 3.04(1)(c)(ii) the area(s) of endorsement/specialization completed by the applicant; 3.04(1)(c)(iii) successful completion of internship, or practicum in a school setting or other appropriate setting in the endorsement/specialization area sought for licensure; and 3.04(1)(c)(iv) that the applicant has demonstrated thorough knowledge of the Administrator Quality Standards specified in section 6.02(1) of these rules and has the competencies essential for educational service. 3.04(1)(d) has submitted a complete application for an initial license as defined in section 2.04 of these rules; and 3.04(1)(e) has demonstrated professional competencies as evidenced by a passing score on the State Board of Education-approved content test for administrators. 3.04(2) An initial administrator license must be valid in any school district, BOCES, nonpublic school or charter school, which provides, participates in or has been granted a waiver from providing an approved induction program for administrators as described in section 9.00 of these rules. 3.04(3) A holder of an initial administrator license who has completed three or more years of full-time, continuous, successful experience working with students as a licensed professional in a public or nonpublic elementary or secondary school in this state or another state may function as an occasional teacher. For purposes of this section, occasional teaching is defined as no more than one-half of a typical teaching assignment. 3.04(4) The applicant for an initial administrator license with a director of gifted education endorsement must: 3.04(4)(a) hold a master’s or higher degree from an accepted institution of higher education and a professional teacher license with a gifted education endorsement (or demonstrate knowledge and application of standards for the gifted education endorsement, as determined upon evaluation by the Department); 3.04(4)(b) have a minimum of two years’ full-time experience working with students with exceptional academic and talent aptitude; 3.04(4)(c) have completed an approved program for the preparation of directors of gifted education, which must include a supervised field-based experience, as confirmed on the institutional recommendation from the preparing program; 3.04(4)(d) have demonstrated professional competencies as evidenced by a passing score on the Colorado State Board of Education-approved content test for administrators; and 3.04(4)(e) meet the professional competencies outlined in section 6.02(3) of these rules. 3.04(5) The applicant for an initial administrator license with a director of special education endorsement must meet requirements as outlined in either pathway detailed in rule 3.04(5)(a) or 3.04(5)(b) below: 3.04(5)(a) holders of a bachelor’s or higher degree in special education from an accepted institution of higher education or a department-issued special services professional license with endorsement as a speech-language pathologist or school psychologist must: 3.04(5)(a)(i) have a minimum of two years’ full-time experience working with students with special needs; 3.04(5)(a)(ii) have completed an approved program for the preparation of directors of special education, which must include a supervised field-based experience, as confirmed on the institutional recommendation from the preparing program; 3.04(5)(a)(iii) have a passing score on the Colorado State Board of Education-approved content test for administrators; and 3.04(5)(a)(iv) meet the professional competencies outlined in section 6.02(2) of these rules. 3.04(5)(b) holders of a department-issued professional special services license with an endorsement as a school audiologist, counselor, nurse, occupational therapist, orientation and mobility specialist, physical therapist or social worker must: 3.04(5)(b)(i) have five years’ full-time experience under the professional license in their specialty; 3.04(5)(b)(ii) have three years’ full-time experience as a special education administrator (such as a special education coordinator), which included supervision and evaluation of special education teachers and special service providers; 3.04(5)(b)(iii) have verified experience, supervision and execution of responsibilities for the special education administration as required by the federal Individuals With Disabilities Education Act and Colorado Exceptional Children’s Education Act, including: 3.04(5)(b)(iii)(A) special education program supervision and evaluation, funding requirements, budget development, implementation costs and accountability, including maintenance of effort; 3.04(5)(b)(iii)(B) assurance and implementation of Child Find; 3.04(5)(b)(iii)(C) knowledge and understanding of the criteria for special education eligibility categories and special education referral, evaluation, eligibility determination and re- evaluation processes; 3.04(5)(b)(iii)(D) general requirements for the provision of a free and appropriate education and obligations to students with disabilities in all education settings; 3.04(5)(b)(iii)(E) development, implementation and evaluation of Individualized Education Programs, including a strong depth of knowledge in curriculum and instruction as it pertains to the delivery of specially designed instruction as defined in the Individuals With Disabilities Education Act; 3.04(5)(b)(iii)(F) student discipline procedures and confidentiality, procedural safeguards and dispute resolution processes for parents and children; 3.04(5)(b)(iii)(G) the integration of general and special education, including curriculum, instructional strategies, assessments, individualized instruction in support of academic achievement for all students; and 3.04(5)(b)(iii)(H) knowledge and supervision of the birth-21 continuum of services offered by school, district or BOCES; 3.04(5)(b)(iv) have completed an approved program for the preparation of directors of special education, which must include a supervised field-based experience, as confirmed on the institutional recommendation from the preparing program; 3.04(5)(b)(v) have a passing score on the approved content test for administrators; and 3.04(5)(b)(vi) meet the professional competencies outlined in section 6.02(2) of these rules. 3.05 Professional Teacher or Special Services License A professional teacher or special services license is valid for a period of seven years from the date of issuance and may be renewed as provided in section 7.02 of these rules. 3.05(1) A professional teacher or special services license may be issued to an applicant who: 3.05(1)(a) holds a Colorado initial teacher license or Colorado initial special services license; 3.05(1)(b) has successfully completed an approved teacher or special services induction program as prescribed in section 8.00 of these rules and/or has been recommended for the professional teacher or special services license by the district or BOCES providing such induction program; and 3.05(1)(c) has submitted a complete application for a professional teacher or professional special services license as defined in rule 2.04. 3.05(2) Notwithstanding the provisions in 3.05(1)(b), the Department may issue a professional teacher license if the applicant meets the requirements for an initial teacher license and previously completed an induction program while teaching under an adjunct instructor authorization, an emergency authorization, an interim authorization, a temporary educator eligibility authorization or alternative teacher license. If the applicant is employed by a school district, charter school, the institute, nonpublic school or BOCES that has obtained a waiver of the induction program requirement, the applicant must demonstrate completion of any requirements specified in the school district’s, charter school’s, the institute’s, nonpublic school’s or BOCES’s plan for support, assistance and training of an initially licensed educator. 3.05(3) Notwithstanding the provisions in 3.05(1)(b), the Department may issue a professional special services license if the applicant meets the requirements for an initial special services license and previously completed an induction program while serving under an emergency authorization or a temporary educator eligibility authorization. If the applicant is employed by a school district, charter school, the institute, nonpublic school or BOCES that has obtained a waiver of the induction program requirement, the applicant must demonstrate completion of any requirements specified in the school district’s, charter school’s, the institute’s, nonpublic school’s or BOCES’s plan for support, assistance and training of an initially licensed educator. 3.05(4) Notwithstanding the provisions in 3.05(1), the Department may issue a professional teacher license to an applicant who holds a certificate of apprenticeship completion from an approved teacher degree apprenticeship 3.05(5) An applicant for a professional teacher license who did not demonstrate professional competencies prior to obtaining an initial teacher license may demonstrate professional competencies and depth of content knowledge as provided in rule 3.01(1)(e). 3.06 Professional Principal License A professional principal license is valid for a period of seven years from the date of issuance and may be renewed as provided in section 7.02 of these rules. 3.06(1) A professional principal license may be issued to an applicant who: 3.06(1)(a) holds: 3.06(1)(a)(i) an earned master’s degree from an accepted institution of higher education and has successfully completed an approved principal preparation program at an accepted institution of higher education, an alternative principal program or an individualized alternative principal program; and 3.06(1)(a)(ii) an initial principal license; 3.06(1)(b) has successfully completed an approved principal induction program as described in section 9.00 of these rules; 3.06(1)(c) has been recommended for a professional license by the school district(s), BOCES, nonpublic school, charter school or the institute which provided the induction program; and 3.06(1)(d) has submitted a complete application for a professional license as defined in rule 2.04. 3.06(2) Notwithstanding the provisions in 3.06(1)(b), the Department may issue a professional principal license if the applicant meets the requirements for an initial principal license and completed an approved principal induction program while employed under an emergency authorization, interim authorization or principal authorization. The applicant need not complete an approved induction program as an initial principal license-holder if the applicant previously completed an induction program while employed under an emergency authorization, interim authorization, or a principal authorization or if the school district, BOCES, nonpublic school, charter school or the institute in which the applicant is employed has obtained waiver of the induction program requirement pursuant to

section 22-60.5-114(2), C.R.S. 3.06(3) A professional principal license is valid for occasional teaching, which must not constitute more than one-half of a typical teaching assignment. 3.07 Professional Administrator License A professional administrator license is valid for a period of seven years from the date of issuance and may be renewed as provided in section 7.02 of these rules. 3.07(1) A professional administrator license may be issued to an applicant who: 3.07(1)(a) holds: 3.07(1)(a)(i) an earned master’s degree from an accepted institution of higher education and has completed an approved administrator program at an accepted institution of higher education; and 3.07(1)(a)(ii) a valid initial administrator license; 3.07(1)(b) completes an approved administrator induction program; 3.07(1)(c) has been recommended for professional licensure by the school district, charter school, the institute, nonpublic school or BOCES that provided such an induction program; and 3.07(1)(d) has submitted a complete application for a professional license as defined in rule 2.04. 3.07(2) Notwithstanding the provisions of section 3.07(1)(a)(ii), the Department may issue a professional administrator license if an applicant meets the requirements for an initial administrator license and completed an approved administrator induction program while employed under an emergency authorization, interim authorization or a temporary educator eligibility authorization. The applicant need not complete an approved induction program as an initial license-holder if the applicant previously completed an induction program while employed under an emergency authorization, interim authorization, or a temporary educator eligibility authorization or if the school district, BOCES, nonpublic school, charter school or the institute in which the applicant is employed has obtained waiver of the induction program requirement pursuant to section 22-60.5-306(1)(b)(C), C.R.S. 3.07(3) A holder of professional administrator licenses who has completed three or more years of full- time, continuous, successful, evaluated experience working with students as a licensed or certificated professional in a public or nonpublic elementary or secondary school in this state or another state may function as an occasional teacher. For purposes of this section, occasional teaching is defined as no more than one-half of a typical teaching assignment. 3.08 Master Certificate - Teacher expectations in the Teacher Quality Standards outlined in section 4.00of these rules. A master certificate is valid for the period of time for which the applicant's professional teacher license is valid and is renewable upon renewal of the professional license as provided in section 7.02 of these rules. 3.08(1) A master certificate may be issued to an applicant who holds a valid Colorado professional teacher license and who has demonstrated advanced teaching competencies or expertise through: 3.08(1)(a) the attainment of National Board for Professional Teaching Standards certification; or 3.08(1)(b) demonstrated excellence in the following standards: 3.08(1)(b)(i) Standard 1: The master teacher develops a personal leadership vision focused on the successful learning and development of each student.  Element A: The master teacher develops a leadership mission that promotes whole-child success and the wellbeing of each student.  Element B: The master teacher articulates, advocates for, and cultivates core values that promote student-centered education, high expectations, learner support, equity, inclusiveness, social justice, openness, caring, trust, and continuous improvement.  Element C: The master teacher strategically develops, implements and evaluates actions to achieve one’s personal leadership mission and vision.  Element D: The master teacher anticipates, identifies and addresses barriers to achieving one’s leadership vision and mission.  Element E: The master teacher models one’s leadership mission, vision and core values in all interactions with students, colleagues, parents and community members. 3.08(1)(b)(ii) Standard 2: The master teacher understands the principles of adult learning and knows how to develop a collaborative culture of collective responsibility in the school. The master teacher uses this knowledge to promote an environment of collegiality, trust and respect that focuses on continuous improvement in instruction and student learning.  Element A: The master teacher utilizes group processes to help colleagues (for the purposes of this section, including all members of the school community involved in the education of children) work collaboratively to solve problems, make decisions, manage conflict and promote meaningful change.  Element B: The master teacher models effective skills in listening, presenting ideas, leading discussions, clarifying, mediating and identifying the needs of self and others to advance shared goals and professional learning.  Element C: The master teacher facilitates the creation of trust among colleagues, development of collective wisdom, building ownership and action that supports collective efficacy and student  Element D: The master teacher uses knowledge and understanding of different backgrounds, races, ethnicities, cultures, and languages to create an inclusive culture and promote effective interactions among colleagues. 3.08(1)(b)(iii) Standard 3: The master teacher understands how research creates new knowledge, informs policies and practices and improves teaching and learning. The master teacher models and facilitates the use of systematic inquiry as a critical component of teachers’ ongoing learning and development.  Element A: The master teacher assists colleagues in accessing and using research to select appropriate strategies to improve student  Element B: The master teacher models and facilitates analysis of student learning data, collaborative interpretation of results and application of findings to improve teaching and learning.  Element C: The master teacher supports colleagues in collaborating with higher education institutions and other organizations engaged in researching critical education issues.  Element D: The master teacher teaches and supports colleagues to collect, analyze, and communicate data from their classrooms to improve teaching and learning.  Element E: The master teacher collaborates with colleagues to identify promising, innovative practices and conduct action research to determine effectiveness and expansion possibilities. 3.08(1)(b)(iv) Standard 4: The master teacher understands the evolving nature of teaching and learning, established and emerging technologies, and the school community. The master teacher uses this knowledge to promote, design and facilitate job-embedded professional learning aligned with school improvement goals.  Element A: The master teacher collaborates with colleagues and school administrators to plan professional learning that is teambased, job-embedded, sustained over time, aligned with content standards and linked to school/district improvement goals.  Element B: The master teacher uses information about adult learning to respond to the diverse learning needs of colleagues by identifying, promoting and facilitating varied and personalized  Element C: The master teacher identifies and uses appropriate technologies to promote collaborative and personalized  Element D: The master teacher works with colleagues to collect, analyze, and disseminate data related to the quality of professional learning and its effect on teaching and student learning.  Element E: The master teacher advocates for sufficient preparation, time, and support for colleagues to work in teams to engage in jobembedded professional learning.  Element F: The master teacher provides constructive feedback to colleagues to strengthen teaching practice and improve student  Element G: The master teacher uses information about emerging education, economic, and social trends in planning and facilitating 3.08(1)(b)(v) Standard 5: The master teacher demonstrates a deep understanding of the teaching and learning processes and uses this knowledge to advance the professional skills of colleagues by being a continuous learner and modeling reflective practice based on student results. The master teacher works collaboratively with colleagues to ensure instructional practices are aligned to a shared vision, mission and goals.  Element A: The master teacher models, facilitates and enhances the process for collection, analysis, and use of classroom-and school- based data to identify opportunities to improve curriculum, instruction, assessment, school organization and school culture.  Element B: The master teacher engages in reflective dialogue with colleagues based on student learning and helps make connections to research-based effective practices.  Element C: The master teacher serves as a team leader to harness the skills, expertise, and knowledge of colleagues to address curricular expectations and student learning needs.  Element D: The master teacher uses knowledge of existing and emerging learning innovations to guide colleagues in helping students skillfully and appropriately navigate the universe of knowledge available on the Internet, use social media to promote collaborative learning and connect with people and resources around the globe.  Element E: The master teacher supports instructional strategies that respect issues of diversity and equity in the classroom and that promote equitable outcomes for all students. 3.08(1)(b)(vi) Standard 6: The master teacher is knowledgeable about current research on classroom- and school-based data and the design and selection of appropriate formative and summative assessment methods. The master teacher shares this knowledge and collaborates with colleagues to use assessment and other data to make informed decisions that improve learning for all students and to inform school and district improvement strategies.  Element A: The master teacher increases the capacity of colleagues to identify and use multiple assessment tools aligned to state and local standards.  Element B: The master teacher collaborates with colleagues in assessment design, implementation, scoring and interpreting student data to improve educational practice and student learning.  Element C: The master teacher creates a climate of trust and critical reflection to engage colleagues in challenging conversations about student learning data that lead to solutions to identified issues.  Element D: The master teacher works with colleagues to use assessment and data findings at multiple levels to promote changes in instructional practices or organizational structures to improve student learning.  Element E: The master teacher collaborates with colleagues to design opportunities to collect, analyze, and use qualitative data to improve teaching and learning.  Element F: The master teacher collaborates with colleagues to lead students to evaluate their own data and set relevant goals. 3.08(1)(b)(vii) Standard 7: The master teacher understands that families, cultures, and communities have a significant impact on educational processes and student learning. The master teacher works with colleagues to promote ongoing systematic collaboration with families, community members, business and community leaders and other stakeholders to improve the educational system and expand opportunities for student learning.  Element A: The master teacher uses knowledge and understanding of the different backgrounds, ethnicities, races, cultures and languages in the school community to promote effective interactions among colleagues, families and the larger community.  Element B: The master teacher models and teaches effective communication and collaboration skills with families and other stakeholders focused on attaining equitable achievement for students of all backgrounds and circumstances.  Element C: The master teacher facilitates colleagues’ selfexamination of their own biases and understandings of community culture and diversity and how they can develop an asset-oriented mindset along with culturally responsive strategies to enrich the educational experiences of students and achieve high levels of learning for all students.  Element D: The master teacher develops a shared understanding among colleagues of the diverse educational needs of families and the community.  Element E: The master teacher collaborates with families, communities, and colleagues to develop comprehensive strategies to address the diverse educational needs of families and the community. 3.08(1)(b)(viii) Standard 8: The master teacher understands how educational policy is made at the local, state, and national level, as well as the roles school leaders, boards of education, legislators and other stakeholders have in formulating those policies.  Element A: The master teacher shares information with colleagues within and/or beyond the district regarding how local, state and national trends and policies can impact classroom practices and expectations for student learning.  Element B: The master teacher works with colleagues to identify and use research to advocate for teaching and learning processes that meet the needs of all students.  Element C: The master teacher collaborates with colleagues to select appropriate opportunities to advocate for the rights and/or needs of students, to secure additional resources within the building or district that support student learning, and to communicate effectively with targeted audiences, such as parents and community members.  Element D: The master teacher advocates for access to professional resources, including financial support and human and other material resources, that allow colleagues to spend significant time learning about effective practices and developing a professional learning community focused on school improvement goals and student success.  Element E: The master teacher represents and advocates for the profession in contexts inside and outside of the classroom. 3.09 Master Certificate - Special Services expectations in the Special Services Provider Quality Standards outlined in section 5.0 of these rules. A master certificate is valid for the period of time for which the applicant's professional special services license is valid and is renewable upon renewal of the professional license as provided in section 7.02 of these rules. 3.09(1) A master certificate may be issued to an applicant who: 3.09(1)(a) is employed in a Colorado school district in the area of specialization; 3.09(1)(b) has been involved in ongoing professional development and training; 3.09(1)(c) has demonstrated advanced competencies or expertise as identified by the educator evaluation system employed in the district; 3.09(1)(d) has been recognized for outstanding achievements in the field of specialization; and 3.09(1)(e) meets the following requirements for the area(s) of specialization: 3.09(1)(e)I(i) School Audiologist: 3.09(1)(e)(i)(A) holds national certification in audiology; 3.09(1)(e)(i)(B) has completed at least five years of full-time, continuous, successful, evaluated experience as a school audiologist; 3.09(1)(e)(i)(C) has completed additional graduate-level university training in school audiology and related areas; 3.09(1)(e)(i)(D) has been involved in at least four of the following areas: local, state or national professional organizations; mentoring or supervision of peers; publication; professional presentations; funded grants; professional leadership; community activities and organizations; and 3.09(1)(e)(i)(E) has been granted an exemplary performance evaluation by a team of peers. 3.09(1)(e)(ii) School Counselor: 3.09(1)(e)(ii)(A) has held a Colorado professional special services license in school counseling for a minimum of five years; 3.09(1)(e)(ii)(B) has demonstrated professional growth through continuing education, professional leadership experiences and exceptional program development; 3.09(1)(e)(ii)(C) has demonstrated commitment to the school counseling profession through professional organization involvement, supervision and training of other school counselors, publication of professional materials and presentations at professional conferences; and 3.09(1)(e)(ii)(D) has demonstrated active community involvement, development of effective parent partnership programs and promotion of cooperation with other professional educators. 3.09(1)(e)(iii) School Occupational Therapist: 3.09(1)(e)(iii)(A) holds a master's degree in occupational therapy from an accepted institution of higher education; 3.09(1)(e)(iii)(B) has demonstrated outstanding contribution or accomplishments to the profession through at least three of the following: achieved certification or accreditation in an area of specialization of occupational therapy; supervised and mentored occupational therapy students; completed graduate-level professional coursework; completed research and/or publication in the area of school occupational therapy; made presentations at professional meetings; wrote grants; held or holds office in national, state or local professional organizations or boards; 3.09(1)(e)(iii)(C) has received recognition for outstanding achievements in occupational therapy; and 3.09(1)(e)(iii)(D) is involved in community programs. 3.09(1)(e)(iv) School Orientation and Mobility Specialist: 3.09(1)(e)(iv)(A) has demonstrated outstanding professional activities in at least three of the following areas: authored professional publications; juried articles, newsletters or books; made presentations at professional meetings or conferences; mentored other professionals and supervised student practicum experiences; taught at the university or school district in service levels; served as a model for demonstrations; provided active community leadership by promoting disability education and participation; or wrote grant proposals which were funded; and 3.09(1)(e)(iv)(B) has received recognition for demonstrated leadership in the field. 3.09(1)(e)(v) School Physical Therapist: 3.09(1)(e)(v)(A) holds a master's degree in physical therapy; 3.09(1)(e)(v)(B) has demonstrated outstanding contributions or accomplishments to the profession through at least three of the following: achieved certification or accreditation in an area of specialization of physical therapy; supervised and mentored physical therapy students; completed graduatelevel professional coursework; completed research and/or publication in the area of school physical therapy; presented at professional meetings; wrote grants; held or holds office in national, state or local professional organizations or boards; 3.09(1)(e)(v)(C) has received recognition for outstanding achievements in physical therapy; and 3.09(1)(e)(v)(D) has been involved in community programs. 3.09(1)(e)(vi) School Nurse: 3.09(1)(e)(vi)(A) has completed additional preparation in advanced practice in nursing or specialties in school healthrelated fields or has earned additional certification in nursing administration, vocational education or other certifications applicable to school nursing; 3.09(1)(e)(vi)(B) has demonstrated professional leadership experiences and exceptional program development; 3.09(1)(e)(vi)(C) has mentored school nurses and supervised practicum students; 3.09(1)(e)(vi)(D) has had active participation in school nurse professional organizations; and 3.09(1)(e)(vi)(E) has participated in teaching, research and/or publishing to further the specialty of school nursing. 3.09(1)(e)(vii) School Psychologist: 3.09(1)(e)(vii)(A) has demonstrated commitment to the profession of school psychology through active involvement and leadership in local, state or national school psychology organizations; 3.09(1)(e)(vii)(B) has mentored school psychologists with an initial license and supervised school psychology interns; 3.09(1)(e)(vii)(C) has contributed to school and district program 3.09(1)(e)(vii)(D) has produced professional publications and presentations; and 3.09(1)(e)(vii)(E) has received recognition by peers for outstanding performance. 3.09(1)(e)(viii) School Social Worker: 3.09(1)(e)(viii)(A) has demonstrated leadership in state school social work organizations; 3.09(1)(e)(viii)(B) has actively participated in leadership roles in national social work organizations other community and human service organizations; 3.09(1)(e)(viii)(C) holds advanced credentials in the field (e.g., doctorate in social work, school social work specialist credential, diplomate in clinical social work); 3.09(1)(e)(viii)(D) has demonstrated outstanding skill in service to schools and children, such as the creation of innovative and successful programs and services to meet the needs of students and mentoring and supervising school social workers and other school professionals; and 3.09(1)(e)(viii)(E) has received recognition by peers for outstanding performance. 3.09(1)(e)(ix) Speech/Language Pathologist: 3.09(1)(e)(ix)(A) has demonstrated professional growth through professional leadership experiences and exceptional program development; 3.09(1)(e)(ix)(B) has demonstrated commitment through involvement in local, state or national professional organizations; 3.09(1)(e)(ix)(C) has accepted additional responsibilities at the school, district, state or national levels; 3.09(1)(e)(ix)(D) has published appropriate materials at the district, state or national levels; 3.09(1)(e)(ix)(E) has presented original research and materials at professional conferences; 3.09(1)(e)(ix)(F) has supervised practicum and internship students; and 3.09(1)(e)(ix)(G) has mentored and supervised other speech/language pathologists. 3.10 Master Certificate - Principal A master certificate represents achievements and contributions over and above the expectations in the Principal Quality Standards outlined in section 6.0 of these rules. A master certificate is valid for the period of time for which the applicant's professional principal license is valid and is renewable upon renewal of the professional license as provided in section 7.02 of these rules. 3.10(1) A master certificate may be issued to an applicant who: 3.10(1)(a) has displayed excellence and depth in all of the content and performance standards required for the professional principal license; 3.10(1)(b) displays depth in all content knowledge; has modeled sustained commitment to improved student performance, to ongoing systemic renewal and to strengthening the profession; and has demonstrated superior performance through accomplishments having significant impact on the school's educational community; 3.10(1)(b)(i) The master principal must demonstrate knowledge of: 3.10(1)(b)(i)(A) systemic renewal strategies; 3.10(1)(b)(i)(B) multiple models for school and district management; 3.10(1)(b)(i)(C) dynamic political and policy movements in the state; 3.10(1)(b)(i)(D) promising practices in the professional development of educational leaders; and 3.10(1)(b)(i)(E) leading research and writing on instructional strategies, student learning, assessment methodology and supervisory techniques. 3.10(1)(b)(ii) The master principal must demonstrate the ability to: 3.10(1)(b)(ii)(A) create a community of learners who focus on student performance; 3.10(1)(b)(ii)(B) translate vision into program excellence; 3.10(1)(b)(ii)(C) provide value-added leadership to create an organization that has purpose, direction and energy; 3.10(1)(b)(ii)(D) implement programs in schools that result in sustained improvement in student performance; 3.10(1)(b)(ii)(E) integrate multiple instructional models to meet diverse learning needs of both students and adults to enhance student performance; 3.10(1)(b)(ii)(F) imagine alternatives based on knowledge of best practices and create those alternatives as a model for 3.10(1)(b)(ii)(G) engage a diverse school community in sustained efforts for school improvement; 3.10(1)(b)(ii)(H) influence and provide a model for larger systems (e.g., the district, BOCES or state); 3.10(1)(b)(ii)((I) contribute to the development of the profession through mentoring, teaching, writing and other modalities; 3.10(1)(b)(ii)(J) capitalize on opportunities presented by diverse stakeholders. 3.10(1)(c) has demonstrated evidence of positive impacts on student performance at the building level; and 3.10(1)(d) has contributed to the education community through service as a mentor, teacher, writer, researcher or other service-oriented activity. 3.11 Master Certificate - Administrator expectations in the Administrator Quality Standards outlined in section 6.0 of these rules. A master certificate is valid for the period of time for which the applicant's professional administrator license is valid and is renewable upon renewal of the professional license as provided in section 7.02 of these rules. 3.11(1) A master certificate may be issued to an applicant who: 3.11(1)(a) has displayed excellence and depth in all of the content and performance standards required for the professional license; 3.11(1)(b) has demonstrated excellence on all performance standards and displays depth in all content knowledge; has modeled sustained commitment to improved student performance, to ongoing systemic renewal and to strengthening of profession; and has demonstrated superior performance through accomplishments having significant impact on an educational community; 3.11(1)(b)(i) The master administrator must demonstrate knowledge in the following areas: 3.11(1)(b)(i)(A) systemic renewal strategies; 3.11(1)(b)(i)(B) multiple models for school and district management; 3.11(1)(b)(i)(C) dynamic political and policy movements in the state; 3.11(1)(b)(i)(D) promising practices in the professional development of educational leaders; 3.11(1)(b)(i)(E) leading research and writing on instructional strategies, student learning, assessment methodology and supervisory techniques; and 3.11(1)(b)(ii) The master administrator must demonstrate the ability to: 3.11(1)(b)(ii)(A) initiate and sustain significant change in the district directed toward predetermined goals, themes and needs; 3.11(1)(b)(ii)(B) create a community of learners who focus on student performance; 3.11(1)(b)(ii)(C) translate vision into program excellence; 3.11(1)(b)(ii)(D) provide value added leadership to create an organization that has shared purpose, direction and energy; 3.11(1)(b)(ii)(E) provide incentives, direction and motivation for development of programs that enhance student performance; 3.11(1)(b)(ii)(F) imagine alternatives based on knowledge of best practices and create those alternatives as a model for 3.11(1)(b)(ii)(G) engage a diverse community in sustained efforts for school improvement in the entire district; 3.11(1)(b)(ii)(H) influence and provide a model for the larger system (e.g., the district/BOCES or state); 3.11(1)(b)((ii)(I) contribute to the development of the profession through mentoring, teaching, writing and other modalities; 3.11(1)(b)(ii)(J) capitalize on opportunities presented by diverse stakeholders. 3.11(1)(c) has demonstrated evidence of positive impacts on student performance throughout the district; and 3.11(1)(d) has contributed to the education community through service as a mentor, teacher, writer, researcher or other service-oriented activity. 3.12 Alternative Teacher License An alternative teacher license is valid for either a one-, two- or three-year period, as outlined below. An alternative teacher license authorizes the holder to be employed only as an alternative teacher while participating in an alternative teacher program, pursuant to the terms of an alternative teacher contract, as provided by 22-60.5-201(1)(a), C.R.S. 3.12(1) An alternative teacher license may be issued to an applicant who meets the following criteria: 3.12(1)(a) holds a bachelor's degree from an accepted institution of higher 3.12(1)(b) has submitted a complete application as defined in section 2.04 of 3.12(1)(c) has demonstrated, in a manner prescribed by rule 3.01(1)(e), subject matter knowledge in the endorsement area; and 3.12(1)(d) provides a statement of assurance signed by the employing school or district, representative of the designated agency and the applicant verifying that the applicant is enrolled in an approved alternative teacher program, employed as a teacher or participating in a clinical experience, and that the placement is in the endorsement area for which the teacher has demonstrated appropriate subject matter knowledge. 3.12(2) An alternative teacher license also may be issued to an applicant who meets the following criteria pursuant to 22-60.5-205(2)(d)(III)(A): 3.12(2)(a) holds a Colorado Professional Teacher License; 3.12(2)(b) has submitted a complete application as defined in section 2.04 of 3.12(2)(c) provides a statement of assurance signed by the employing school or district, representative of the designated agency and the applicant verifying that the applicant is enrolled in an approved early childhood special education or special education generalist added endorsement alternative teacher program to obtain training and clinical experience while employed as a general education teacher. 3.12(2) An alternative teacher license is valid as follows: 3.12(2)(a) The alternative teacher license for a one-year program is valid for one year from the date of issuance and may be renewed for one additional year, but only upon written evidence of: (1) unforeseen circumstances; and (2) that the employing school district, BOCES, charter school or nonpublic school anticipates extending the alternative teacher’s contract for one additional year pursuant to section 22-60.5-207(2), C.R.S. 3.12(2)(b) The alternative teacher license for a two-year program is valid for two years from the date of issuance. 3.12(2)(c) A person may be employed as an alternative teacher for a total of three years for the purpose of receiving a special education generalist or early childhood special education endorsement. 3.12(3) An alternative teacher license is valid in any school district, BOCES, nonpublic school or charter school. 3.13 Teacher of Record License and Program 3.13(1) Teacher of Record License. A teacher of record license is valid for two years from the date of issuance and may be renewed once, but only if the holder did not complete a bachelor’s degree due to unforeseen circumstances or hardship. 3.13(1)(a) A teacher of record license may be issued to an applicant who: 3.13(1)(a)(i) is enrolled in an accepted institution of higher education and has no more than 36 credit hours remaining for completion of a bachelor’s degree that leads to a teacher license, but has not yet completed field-based experience requirements; 3.13(1)(a)(ii) is enrolled in a one- or two-year Teacher of Record Program pursuant to section 22-60.5-208.7, C.R.S.; and 3.13(1)(a)(iii) is or will be employed by an LEP, in a position for which no other qualified licensed teacher has applied, and for which the LEP has determined that there is a critical teacher shortage as defined in Rule 2.01(17). 3.13(1)(b) The standards and competencies for an individual working under a teacher of record license are those set forth in section 5.0 of these rules. 3.13(1)(c) A teacher of record license may not be issued with an endorsement in special education. 3.13(2) Teacher of Record Program. An LEP is authorized to implement a oneor two-year teacher of record program and may employ a teacher of record only when the individual will fill a vacant position in a critical teacher shortage area and when no other qualified, licensed applicants applied for the posted vacant position. 3.13(2)(a) A teacher candidate employed in a teacher of record program established pursuant to this section shall hold a teacher of record license issued pursuant to section 22-60.5-201(1)(a.5), C.R.S., and section 3.13 3.13(2)(b) To assist the teacher of record in meeting the Teacher Quality Standards, established pursuant to section 22-2-109(3), C.R.S., and

section 5.0 of these rules, the teacher of record program must include, at a minimum: 3.13(2)(b)(i) Course requirements and provided supports: 3.13(2)(b)(i)(A) identification of the courses and number of credit hours that a teacher candidate must complete before and while a teacher of record, 3.13(2)(b)(i)(B) identification of the time and support (e.g., financial resources, class coverage) the LEP will provide for the teacher of record to complete the coursework; 3.13(2)(b)(i)(C) identification of accepted institution of higher education supports, including a description of how supports will be delivered (e.g., mentoring, professional development, evaluation and LEP-identified supports); and 3.13(2)(b)(ii) professional development, teacher mentorship, the LEP’s induction program and other supports for the teacher of record over the course of the program. 3.13(2)(c) If the teacher of record successfully completes an induction program, the teacher of record may apply completion of the induction program toward meeting the requirements for a professional teacher 3.13(2)(d) An LEP shall treat a teacher of record as a first-year teacher for purposes of compensation and placement on a teacher salary schedule. 3.13(2)(e) The teacher of record program must be approved by the Department prior to submission of an application for the teacher of record license. At a minimum, the approval process will include review of: 3.13(2)(e)(i) the demonstration of need; 3.13(2)(e)(ii) proposed program details as outlined in section 3.13(2) of 3.13(2)(e)(iii) the teacher candidate’s education, experience and demonstration of content-area competency via an approved content test; and 3.13(2)(e)(iv) assurances from the institution of higher education, LEP and teacher of record candidate. 3.14 Adjunct Instructor Authorization To address recruiting challenges and establish a diverse workforce, a school district, BOCES or charter school may employ as an adjunct instructor a specialist or contentarea expert who is without formal educator training. The purpose of adjunct instruction is to provide students with highly specialized academic enrichment in support of required content areas. 3.14(1) An adjunct instructor authorization is issued for three years to an applicant who meets the following criteria: 3.14(1)(a) an applicant possesses outstanding talent or demonstrates specific abilities and knowledge in a particular area of specialization; 3.14(1)(b) a school district board of education or superintendent or the principal of a charter school or BOCES requests the applicant’s services and provides evidence of the applicant’s outstanding talent or specific abilities and particular knowledge for the assignment; 3.14(1)(c) the school district, BOCES, or charter school provides evidence that the applicant's services are required; and 3.14(1)(d) the applicant has been employed for at least five years in the area of specialization or holds an earned bachelor’s or higher degree in the area of specialization. 3.14(2) An adjunct instructor authorization may be renewed for succeeding threeyear periods at the employing school district’s or charter school’s request when the school district or charter school provides documented evidence of ongoing need for the adjunct instructor’s services. 3.14(3) A person may be employed under an adjunct instructor authorization only by the school district or charter school that requested the person’s services. 3.14(4) A person who holds an adjunct instructor authorization and is employed by a school district may teach only under the general supervision of a licensed professional teacher. For the purposes of this provision, “general supervision” means support, mentorship and supervision of an adjunct instructor, and does not require more than one teacher in a classroom at a time. 3.14(4)(a) A school district or charter school shall not employ a person under an adjunct instructor authorization as a full-time teacher; except 3.14(4)(a)(i) a rural school district may employ an adjunct instructor authorization- holder as a full-time teacher if there are no qualified, licensed applicants for the position. 3.15 Special Services Intern Authorization A special services intern works under the supervision of a Colorado licensed professional special services provider from the same discipline. 3.15(1) The special services intern authorization may be issued for one academic year. It may only be renewed if the special services intern is employed by a district or BOCES and the intern has not completed the approved program of preparation due to unforeseen circumstances or hardship. 3.15(2) The applicant must hold a bachelor’s or higher degree from an accepted institution of higher education and be enrolled in an approved program of preparation for special services providers. The program of preparation must require an internship and offered by an accepted institution of higher education. 3.15(3) For the period of time while the authorization-holder serves as an intern, the authorization-holder may receive pay from the school district. 3.16 Emergency Authorization The applicant for an emergency authorization has not yet met the requirements for a Colorado initial teacher, principal, administrator or special services license or a school speech/language pathology assistant authorization but provides evidence of holding an earned bachelor’s degree or higher from an accepted institution of higher education and of enrollment in an approved program of preparation. 3.16(1) An applicant for a school speech-language pathology assistant emergency authorization must hold a bachelor’s degree in speech, language and hearing sciences; communications disorders- speech sciences; or any other field with completion of 24 semester hours in speech, language hearing sciences from an accepted institution of higher education, as determined by the Department’s transcript review. 3.16(2) The emergency authorization may be issued for up to one year and may be renewed for up to one additional year when: 3.16(2)(a) a school district or BOCES requests the emergency authorization in order to employ a non-licensed teacher, principal, administrator or special services provider; 3.16(2)(b) the district provides evidence of a need for specific and essential educational services which can be provided by the applicant, and which would otherwise be unavailable, due to a shortage of licensed educators with appropriate endorsements; and 3.16(2)(c) in the judgment of the department: 3.16(2)(c)(i) the employment of the non-licensed applicant is essential to the preservation of the district's instructional program, and 3.16(2)(c)(ii) that the establishment of an alternative teacher program by the local board of education is not a practicable solution to resolve the demonstrated shortage. 3.16(3) The district may provide an induction program for an individual on an emergency authorization, as specified in sections 8.00 and 9.00 of these rules.

Induction programs completed while holding an emergency authorization may count toward fulfilling requirements for a professional license. 3.17 Career and Technical Education Authorization 3.17(1) An initial career and technical education (CTE) authorization may be issued for three years and may not be renewed. The applicant must meet the minimum qualifications adopted by the State Board for Community Colleges and Occupational Education under section 23-60-304(3)(a), C.R.S. 3.17(2) A professional career and technical education authorization may be issued for five years to an applicant who holds an initial career and technical education authorization and who meets the necessary requirements for holding a professional-level CTE authorization. It may be renewed for succeeding five-year periods. The applicant must meet the minimum qualifications or renewal requirements that the State Board for Community Colleges and Occupational Education adopts pursuant to section 23-60-304(3)(a), C.R.S. 3.17(3) Postsecondary career and technical education credentials are issued by the Colorado Community College System and are governed by the rules for the Administration of the Colorado Vocational Act, 8 CCR 1504-2. 3.18 Substitute Authorization A substitute authorization may be issued to an applicant to serve as a substitute teacher. 3.18(1) A substitute authorization is valid for one, three or five years, as specified below. It may be renewed indefinitely upon application. 3.18(1)(a) A five-year substitute authorization may be issued when an applicant has completed an approved teacher preparation program (as indicated by a signed approved program verification form and bachelor or higher degree-conferred transcript) or holds or has held a Colorado initial or professional license or an equivalent out-of-state-issued license. 3.18(1)(b) A three-year substitute authorization may be issued to an applicant who holds an earned bachelor's or higher degree from an accepted institution of higher education. 3.18(1)(c) A one-year substitute authorization may be issued when the applicant holds a high school diploma or its equivalent, and the applicant attests to having worked successfully with children. 3.19 Interim Authorization An interim authorization may be issued for one year and may be renewed upon application for one additional year to a person who is: 3.19(1) certified or licensed, or eligible for certification or licensure, as a teacher, principal or administrator in another state and who has not successfully demonstrated professional competencies and depth of content knowledge as outlined in 3.01(1)(e), 3.03 or 3.04 to obtain an initial license but who meets the other requirements for an initial license; or 3.19(2) enrolled in an alternative teacher program as defined in 2.01(6) of these rules and meets the requirements for an alternative teacher license, except that the person has not successfully demonstrated professional competencies and depth of content knowledge as outlined in 3.12(1)(c) to obtain an alternative teacher license. 3.19(3) A holder of an interim authorization must demonstrate professional competencies and depth of content knowledge as specified in 3.01(1)(e), 3.03 or 3.04 to obtain an initial license. 3.19(4) The employing school district may provide an induction program for holders of interim authorizations as specified in sections 8.00 and 9.00 of these rules. Induction programs completed while holding interim authorizations may count toward fulfilling the requirements of a professional license. 3.20 Military Spouse Interim Authorization A military spouse interim authorization is valid for one year, and the Department may renew the authorization for one additional year. 3.20(1) A military spouse interim authorization may be issued to a military spouse when: 3.20(1)(a) the applicant is a spouse of an active-duty member of the United States armed forces who has been transferred to Colorado, is scheduled to be transferred to Colorado, is domiciled in Colorado or has moved to Colorado on a permanent change-of-station basis; 3.20(1)(b) the applicant is certified, licensed or eligible for certification or licensure as a teacher, special services provider, principal or administrator in another state; and 3.20(1)(c) the applicant has not successfully demonstrated professional competencies and depth of content knowledge as outlined in 3.01(1)(e), 3.02, 3.03 and 3.04 required for obtaining an initial license but otherwise meets the requirements for an initial license. 3.20(2) A holder of a military spouse interim authorization must demonstrate professional competencies and depth of content knowledge as specified in 3.01(1)(e), 3.02, 3.03 or 3.04 to obtain an initial license. 3.20(3) The employing school district may provide an induction program for holders of military spouse interim authorization as specified in sections 8.00 and 9.00 of these rules. Induction programs completed while holding this authorization may count toward fulfilling the requirements of a professional 3.21 School Speech-Language Pathology Assistant Authorization A school speech-language pathology assistant (SLPA) serves as a member of an educational team and is authorized to perform tasks prescribed, directed and supervised by a licensed school speech-language pathologist (SLP) in implementing services for children/students with speech, language, cognitive, voice and augmentative/alternative communication disorders and hearing impairments. 3.21(1) An SLPA authorization is valid for five years and may be renewed for succeeding five-year periods upon application and completion of content-related renewal requirements, including 50 contact hours of continuing education. 3.21(1)(a) an applicant for SLPA authorization must: holds a bachelor’s degree in speech communication, speech-language pathology, communication disorders-speech sciences or a bachelor’s degree in any other field with completion of 24 semester hours in speech language hearing sciences from an accepted institution of higher education, as determined by the Department’s transcript review; 3.21(1)(b) have successfully completed a speech-language pathology assistant program at a regionally or nationally accredited institution; 3.21(1)(c) have successfully completed a minimum 100 clock-hours of a school-based practicum under the supervision of an American Speech- Language-Hearing Association- certified and licensed school SLP, in accordance with the requirements of section 4.11(6) below; and 3.21(1)(d) have demonstrated through Department transcript review knowledge in the competencies specified in sections 4.11(3) and 4.11(4) below. 3.21(2) As determined by the Department of Higher Education, the SLPA applicant is knowledgeable about communication processes and basic human communication, and is able to articulate: 3.21(2)(a) the anatomical/physiological, psychological, developmental, linguistic and cultural bases of communication processes; 3.21(2)(b) communication disorders, articulation, fluency, voice and resonance, receptive and expressive language and language-based learning disabilities; 3.21(2)(c) hearing disorders and their impact on speech and language; 3.21(2)(d) cognitive and social aspects of communication disorders; 3.21(2)(e) communication modalities including oral, written, manual, augmentative and alternative communication techniques and assistive technologies; 3.21(2)(f) normal development of reading and writing in the context of the general education curriculum; and 3.21(2)(g) characteristics of exceptional students including categorical disabilities, learning differences and developmental deficits. 3.21(3) The SLPA is knowledgeable about service delivery and must be able to: 3.21(3)(a) use appropriate verbal and written language in interactions with children/students, teachers and related professionals; 3.21(3)(b) follow oral and written directions, including those in intervention plans; 3.21(3)(c) assist in the selection, preparation and presentation of instructional and other related materials; 3.21(3)(d) maintain accurate and concise documentation in a timely manner; 3.21(3)(e) implement documented intervention plans developed by the supervising speech- language pathologist; 3.21(3)(f) assist with clerical duties assigned by the supervising speechlanguage pathologist including, but not limited to, scheduling, safety/maintenance of supplies and equipment and record keeping; 3.21(3)g) collect data for quality improvement including child/student performance data in classrooms or individual therapy settings; 3.21(3)(h) record children’s/students’ each student’s status with regard to progress towards established objectives as stated in the intervention plans, and report information to the supervising SLP; 3.21(3)(i) use constructive feedback from the supervising SLP to adapt or modify interaction and/or intervention with children/students; 3.21(3)(j) provide consistent, discriminating and meaningful feedback and reinforcement to the children/students; and 3.21(3)(k) implement designated intervention goals/objectives in specified sequence; and 4.11(3)(l) provide services via telepractice to students as directed by the supervising SLP. 3.21(4) The SLPA is knowledgeable about screening and assessment, but may not perform standardized or non-standardized diagnostic tests, including, but not limited to, feeding evaluations or interpreting test results, and is able to: 3.21(4)(a) assist the SLP during assessment of students (e.g., setting up the testing environment, gathering and prepping material, taking notes as advised by the supervising SLP, etc.); 3.21(4)(b) assist with informal documentation as directed by the SLP; 3.21(4)(c) provide directly to the supervising SLP descriptive behavioral observations that contribute to screening/assessment results; and 3.21(4)(d) support the SLP in research projects, service training and public relations programs, including Child Find activities. 3.21(5) The SLPA is knowledgeable about ethical practice and maintaining appropriate relationships with children/students, families, teachers and related service professionals, and must be able to: 3.21(5)(a) demonstrate respect for and maintain the confidentiality of information pertaining to students and their families; 3.21(5)(b) behave in accordance with educational facility guidelines; 3.21(5)(c) articulate an awareness of student needs and respect for cultural values; 3.21(5)(d) direct student, family and educational professionals to the supervising SLP for information regarding testing, intervention and referral; 3.21(5)(e) request assistance from the supervising SLP, as needed; 3.21(5)(f) manage time effectively and productively; and 3.21(5)(g) recognize personal professional limitations and perform within boundaries of training and job responsibilities. 3.21(6) The SLPA may not counsel parents, but may: 3.21(6)(a) share objective information (e.g., accuracy in speech and language skills addressed, participation in treatment, response to treatment) regarding student performance to students, families, teachers and other service providers without interpretation or recommendations as directed by the supervising SLP; and 3.21(6)(b) provide culturally responsive services while communicating and collaborating with students, families, teachers other service providers and the supervising SLP. 3.22 Exchange Educator Interim Authorization An exchange educator interim authorization may be issued to a participant in a districtrecognized educator exchange program who has not completely fulfilled Colorado educator licensure requirements. 3.22(1) An exchange educator interim authorization is valid for one year and may be renewed upon application for one additional year. 3.22(2) Applicants must: 3.22(2)(a) be a participant in a district-recognized educator exchange program; and 3.22(2)(b) be certified, licensed or eligible for certification or licensure as a teacher, special services provider, principal or administrator in another country. 3.23 Temporary Educator Eligibility Authorization The Department may issue a temporary educator eligibility (TEE) authorization to a person who is enrolled in an approved program of preparation for a special education educator or who is working to attain an initial special services license but who has not yet met the requirements for the applicable initial educator license or endorsement sought. 3.23(1) A TEE authorization is valid for one year. Renewal is contingent upon the applicant maintaining continuous progress toward completion of requirements for the license or endorsement sought. A TEE authorization may be renewed twice, for a total of three years. 3.23(2) A TEE authorization may be issued to an applicant when: 3.23(2)(a) a school district requests the TEE authorization in order to employ as a special education teacher, special services provider or special education administrator an applicant who does not yet meet licensing requirements but who meets the eligibility requirements specified below; 3.23(2)(b) the district provides evidence of a demonstrated need for specific and essential educational services that can be provided by the applicant but that would be otherwise unavailable to students due to a shortage of licensed educators with appropriate endorsement(s). 3.23(3) TEE applicants must: 3.23(3)(a) hold a bachelor’s degree from an accepted institution of higher education; and 3.23(3)(b) be enrolled in an approved or alternative special education, special education director or special services preparation program offered by an 3.23 (3)(b)(i) except that individuals who hold a Department of Regulatory

Authority license in a clinical counseling field may enroll in prescribed school counselor endorsement coursework to meet requirements for a school counselor endorsement. 3.23(3)(c) In the preparation program, the candidate must: 3.23(3)(c)(i) receive high-quality professional development that is sustained, intensive, and classroom-focused; 3.23(3)(c)(ii) participate in a program of intensive supervision that consists of structured guidance and regular ongoing support or a mentoring program specific to the license or endorsement sought; 3.23(3)(c)(iii) demonstrate satisfactory progress toward full licensure (e.g., transcripts demonstrating movement toward the completion of the educator preparation or degree program; documentation verifying attempts to pass the required content exam(s) or documentation of attempts to demonstrate professional competencies and depth of content knowledge through other options under rule 3.01(1)(e) or 3.02). 3.23(3)(d) If an applicant has completed the required program or coursework for licensure or the endorsement sought, the applicant may continue working under a TEE as long as they can provide documentation showing initiation of steps towards demonstrating professional competencies and depth of content knowledge as provided by rule 3.01(1)(e) or 3.02. 3.23(4) In addition to the criteria in 3.23(3), CDE may issue a TEE to a special services provider who has met the minimum degree requirements necessary to practice in their area of specialization, but who has not completed the necessary content assessment or school practicum in the area of specialization. A district may employ a person who holds a TEE pursuant to this rule 3.23(4) only if the person is under the supervision of a professionally licensed person in the same area of specialization. 3.23(5) The employing school district may provide an induction program for an individual on a TEE authorization as specified in sections 8.00 and 9.00 of these rules. Induction programs completed while holding this authorization may count toward fulfilling the requirements of a professional license. 3.24 Educational Interpreter Authorization The educational interpreter authorization allows a school district to employ a person to provide teaching and interpreting services for students who are deaf or hard of hearing. 3.24(1) An educational interpreter authorization is valid for five years and may be renewed for succeeding five-year periods upon application and submission of evidence of completion of four (4) semester hours of professional development or its equivalent of 60 contact/clock-hours in educational interpreter content. 3.24(2) The applicant must provide evidence of: 3.24(2)(a) an associate’s or higher degree in educational interpreting or a related field; 3.24(2)(b) a certificate of completion for the Educational Interpreter Performance Assessment (EIPA) written exam; 3.24(2)(c) successful performance on one or more of the following professional skill assessments: 3.24(2)(c)(i) for sign language interpreters, a score of 3.5 or higher on the EIPA or current certification with the Registry of Interpreters for the Deaf (RID); 3.24(2)(c)(ii) for cued speech transliterators, a score of 4.0 or higher on the EIPA- Cued Speech exam or a passing score on the Cued Language Transliterator National Certification Exam; or 3.24(2)(c)(iii) for oral interpreters, a current Oral Transliteration Certificate from RID. 3.24(2)(d) demonstration of the following competencies: 3.24(2)(d)(i) effectively analyze communication for the speaker's style, affect, register and overall prosodic and coherence markers; 3.24(2)(d)(ii) effectively manage the interpreting process in order to produce a linguistically appropriate representation of classroom communication, as based on student ability and the individualized education program (IEP) goals; 3.24(2)(d)(iii) manage the process for effectively switching from one speaker and mode to another; 3.24(2)(d)(iv) utilize attending and interrupting techniques effectively, based on culturally appropriate methods and classroom protocol; and 3.24(2)(d)(v) effectively apply knowledge of: 3.24(2)(d)(v)(A) cognitive processes associated with consecutive and simultaneous interpreting and the implication of each for interpreting classroom discourse; 3.24(2)(d)(v)(B) the differences between classroom discourse and conversational discourse, and the implication of those differences in the interpreting process; 3.24(2)(d)(v)(C) communication processes with inclusive students who are deaf or hard-of-hearing as related, but not limited to, issues of taking turns, avoiding overlap of speaking/signing processes, challenges associated with the use of multimedia and uncaptioned materials; and 3.24(2)(d)(v)(D) classroom subject matter concepts and associated vocabulary and terminology. 3.24(3) Applicants who have yet to take the EIPA performance exam or who are awaiting receipt of their EIPA performance exam results may: 3.24(3)(a) qualify for the authorization by providing evidence of: 3.24(3)(a)(i) an associate’s or higher degree in educational interpreting or a related field; 3.24(3)(a)(ii) a certificate of completion verifying a passing score on the Educational Interpreter Performance Assessment (EIPA) written exam; 3.24(3)(a)(iii) successful performance on the CDE-approved Pre- Hire Screening; and 3.24(3)(a)(iv) verification of enrollment in a CDE-approved mentor 3.24(3)(b) Within 24 months of the date of application for the authorization, the applicant must submit evidence to CDE of successful performance on one or more of the following professional skill assessments: 3.24(3)(b)(i) for sign language interpreters, a score of 3.5 or higher on the EIPA or current certification with the Registry of Interpreters for the Deaf (RID); 3.24(3)(b)(ii) for cued speech transliterators, a score of 4.0 or higher on the EIPA- Cued Speech exam or a passing score on the Cued Language Transliterator National Certification Exam; or 3.24(3)(b)(iii) for oral interpreters, a current Oral Transliteration Certificate from RID. 3.24(4) Applicants who fail to fulfill the requirement outlined in 4.14 (3)(b) of these rules and provide proof of completion to CDE within 24 months of applying for the authorization will be deemed to have withdrawn the application and such withdrawal shall not be subject to appeal or review. 3.25 Junior Reserve Officer Training Corps (JROTC) Instructor Authorization A JROTC instructor authorization may be issued to allow a person to instruct a JROTC unit hosted by a school district. 3.25(1) The JROTC Instructor Authorization is valid for five years and may be renewed upon application and submittal of evidence of service-specific JROTC recertification. 3.25(2) Applicants must provide documented evidence of JROTC certification based upon successful acquisition of service-specific JROTC program director certification or completion of service- specific JROTC preparation program requirements. 3.26 Adult Basic Education Authorization An adult basic education authorization allows a person to work as an adult basic education instructor in an adult education program operated by a school district before, during, or after regular school hours. 3.26(1) An adult basic education authorization is valid for five years and may be renewed for succeeding five-year periods upon application. To be eligible for renewal, the application must submit evidence of completion of 90 contact hours of adult education instructor professional development activities completed within the period of time for which the authorization was issued. 3.26(2) An adult basic education authorization may be issued to an applicant who: 3.26(2)(a) holds an associate’s or higher degree from an accepted institution of higher education or accredited community, technical, or junior college; 3.26(2)(b) has submitted an application for an adult basic education authorization, which includes: 3.26(2)(b)(i) a copy of an official degree-conferred transcript; and 3.26(2)(b)(ii) evidence of the completion of adult basic education coursework aligned with federal Workforce Innovation & Opportunity Act guidelines, College and Career Readiness Standards for Adult Education and English Language Proficiency Standards for Adult Education, including: 3.26(2)(b)(ii)(A) a copy of an official transcript from an accepted institution of higher education or accredited community, technical or junior college showing the completion of adult basic education coursework within the seven years immediately preceding the date of application.

Coursework must include: evidence-based reading instruction; programmatic accessibility; state- standardized assessment and instructional strategies that effectively prepare and support adult learners through transition pathways to college and/or career; teaching adult basic education/adult secondary education; and teaching English as a second language (ESL) to adults; or 3.26(2)(b)(ii)(B) evidence of completion of other adult basic education coursework in lieu of an official transcript showing completion of courses specified in section 3.26(2)(b)(ii)(A).

The applicant must submit the Department’s equivalency form and copies of official transcripts from an accepted institution of higher education or accredited community, technical or junior college showing coursework completed within the seven years immediately preceding the date of application. The Department will determine whether the coursework is equivalent to that listed in section 3.26(2)(b)(ii)(A). 3.26(3) Applicants who have not met the requirements as specified in section 3.26(2)(b)(ii) may submit evidence of experience, including: 3.26(3)(a) documentation illustrating 750 hours of performance of adult basic education instruction, adult secondary education instruction or ESL instruction to adults; and 3.26(3)(b) the Department’s observation form, which includes observations of the applicant’s instruction and competencies in adult basic education. The observation form must be completed by a qualified observer as determined by the Department. 3.27 Principal Authorization A principal authorization may be issued to a person who does not hold or may not qualify for an initial principal license but who holds a bachelor’s or higher degree from an accepted institution of higher education and who will be employed by a district, charter school or nonpublic school under an individualized alternative principal program or who participates in an alternative principal program through a designated agency. A school district may employ a person who holds a principal authorization to perform principal or assistant principal duties only when the authorization-holder is supervised by a professional principal license-holder. 3.27(1) A principal authorization is valid for three years and may not be renewed. 3.27(2) To submit a principal authorization application for an individualized alternative principal program, an applicant, in collaboration with a school district, charter school, nonpublic school or the institute, must submit to the Department documentation pursuant to section 13.01 of these rules. 3.27(3) To submit a principal authorization application for a person participating in an alternative principal program through a designated agency, the applicant must provide documentation of employment as an alternative principal or assistant principal and enrollment in an alternative principal program approved by the Department pursuant to section 13.02 of these rules. 3.27(4) Upon successful completion of an individualized alternative principal program or alternative principal program, if the principal authorization-holder has three or more years of licensed experience in a school, that person may apply for an initial principal license. 3.27(5) The employer may provide an induction program for an individual working under a principal authorization as specified in section 9.00 of these rules.

Induction programs completed while holding this authorization may count toward fulfilling requirements for a professional license. 3.28 Native American Language & Culture Instructor Authorization A Native American language and culture instructor authorization may be issued to a person to provide instruction in the Native American language and culture in which the person has demonstrated expertise. 3.28(1) The Native American language and culture instructor authorization is valid for five years. It may be renewed for succeeding five-year periods upon application and at the request of the school district. The district must submit evidence of continuing need. 3.28(2) To receive a Native American language and culture instructor authorization, the applicant must: 3.28(2)(a) qualify for an adjunct instructor authorization as specified in section 4.01 of these rules; or 3.28(2)(b) demonstrate expertise in a Native American language of a federally recognized tribe by: 3.28(2)(b)(i) providing evidence of demonstrated expertise in a Native American language of a federally recognized tribe, as verified by the employing school district; 3.28(2)(b)(ii) identifying a partnering, licensed teacher, as verified by the employing school district; and 3.28(2)(b)(iii) meeting the following objective standards, as verified by the employing school district: 3.28(2)(b)(iii)(A) is able to listen, speak, read and write the Native American language identified at a proficient level for the purposes of interpersonal, interpretive and presentational communication; 3.28(2)(b)(iii)(B) is knowledgeable about the language and related culture, can describe their interrelationships, and is able to articulate to students, other educators and interested stakeholders: 3.28(2)(b)(iii)(B)(I) perspectives related to historic and contemporary ideas, attitudes and values of the Native American culture; 3.28(2)(b)(iii)(B)(II) the practices within the Native American culture that are based on historical, geographical and sociological influences; 3.28(2)(b)(iii)(B)(III) the contributions and achievements of the culture to the fields of literature, the arts, science, mathematics, business, technology and other areas; 3.28(2)(b)(iii)(B)(IV) the geographic, economic, social and political features of traditional and contemporary cultures associated with the Native American language being taught; 3.28(2)(b)(iii)(C) and is able to create a learning environment that accepts, encourages and promotes the culture and language that Native American language speakers bring into the classroom. 3.28(3) A holder of a Native American language and culture instruction authorization is prohibited from teaching any subject other than the Native American language for which he or she has demonstrated expertise. 3.29 Teacher Apprenticeship Authorization The department may issue a teacher apprenticeship authorization to a teacher apprentice who is enrolled in a state-approved teacher degree apprenticeship program that allows the teacher apprentice to be employed by a local education provider in roles of increasing responsibility, as specified in section 22- 60.5-111(16), C.R.S. 3.29(1) To receive a teacher apprenticeship authorization, a person must: 3.29(1)(a) be employed by a school district, BOCES, charter school or institute charter school as a teacher apprentice; 3.29(1)(b) be actively registered in a teacher apprenticeship program; and 3.29(1)(c) be actively enrolled in an affiliated bachelor’s degree program from an accredited institution. 3.29(2) While under the teacher apprenticeship authorization, the following qualification and competencies must be demonstrated through the following allowable roles for a teacher apprentice and aligned to the Teacher Quality Standards as specified in section 4.02 of these rules: 3.29(2)(a) Level 1: Pre-Apprentice does not require the teacher apprenticeship authorization but may allow for substitute teaching if applicant meets substitute teaching authorization requirements as outlined in section 4.5 of these rules. 3.29(2)(b) Level 2: Beginner Apprentice requires each apprentice either hold a Colorado substitute authorization, obtain Colorado student teaching criminal history record check as outlined in CRS 22-2-119.3 or obtain the teacher apprenticeship authorization. 3.29(2)(b)(i) Allowable activities include substitute teaching, student teaching and/or participation in a residency model. 3.29(2)(b)(ii) This level requires demonstration of competency in Teacher Quality Standard 2 as determined by the state-approved Teacher Degree Apprenticeship Program. 3.29(2)(c) Level 3: Intermediate Apprentice continues Level 2 allowable student teaching activities and/or participation in a residency model, at which point the apprentice must hold this authorization . 3.29(2)(c)(i) This level may include starting the required one-year minimum of teacher apprentice working as the teacher of record as required in 22-60.5-111.5(1)(d). 3.29(2)(c)(ii) This level requires demonstration of competency in Teacher Quality Standard 1 and in Teacher Quality Standard 3 as determined by the state- approved Teacher Degree Apprenticeship Program. 3.29(2)(c)(iii) This level requires demonstration of content competency through passing score on the appropriate state board of educationapproved content exam or portfolio equivalents as defined by endorsement area. 3.29(2)(d) Level 4: Trained Apprentice will culminate in a minimum of one year as teacher of record as required in 22-60.5-111.5(1)(d) and completion of all Department competencies related to the Teacher Quality Standards, as determined by the state- approved Teacher Degree Apprenticeship Program. 3.29(3) A teacher apprenticeship authorization is valid for four years while the apprentice completes the bachelor’s degree and on-the-job training requirements of the program. 3.29(4) The authorization may be renewed twice, for two-year periods, as necessary for the teacher apprentice to fulfill the apprenticeship requirements. 3.29(5) The authorization will be automatically revoked should the apprentice withdraw from the teacher apprenticeship program or from the affiliated bachelor’s degree program. The teacher apprenticeship program sponsor may revoke the authorization if the teacher apprentice does not make satisfactory progress in the teacher apprenticeship program, as determined by the employer. 3.29(6) When a teacher apprentice withdraws from the teacher apprenticeship program or affiliated bachelor’s degree program, the teacher apprenticeship program sponsor must notify CDE of the withdrawal. 4.00 Teacher Licensure Endorsement Standards In addition to a demonstrated understanding of the Colorado Academic Standards, the Colorado Reading To Ensure Academic Development Act (Colorado READ Act); strict data privacy and security practices; special education regulations as specified in 11.02 of these rules; professional practices to address multiple pathways for students to be postsecondary and workforce ready as outlined in sections 22-2-106, 22-2-136, 22-7- 1003(15), and 22-32-109, C.R.S., and individual endorsement standards outlined in sections 4.01 to 4.33 of these rules, the following serve as standards for authorization and reauthorization of programming and content for educator preparation programs and licensing of all teacher candidates in Colorado.

Except where identified, programs for individual endorsements may be offered at the undergraduate or graduate level. 4.00(1) Teacher Quality Standards 4.00(1)(a) Quality Standard I: Teachers demonstrate mastery of and pedagogical expertise in the content they teach. The elementary teacher is an expert in literacy and mathematics and is knowledgeable in all other content that he or she teaches (e.g., science, social studies, the arts, physical education or world languages). The secondary teacher has knowledge of literacy and mathematics and is an expert in the content area(s) in which the teacher is endorsed.  Element A: Teachers provide instruction that is aligned with the Colorado Academic Standards and their district’s organized plan of instruction.  Element B: Teachers develop and implement lessons that connect to a variety of content areas/disciplines and emphasize literacy and mathematics.  Element C: Teachers demonstrate knowledge of the content, central concepts, inquiry, appropriate evidence-based instructional practices and specialized characteristics of the disciplines they teach 4.00(1)(b) Quality Standard II: Teachers establish a safe, inclusive and respectful learning environment for a diverse population of students.  Element A: Teachers foster a predictable learning environment characterized by acceptable student behavior and efficient use of time, in which each student has a positive, nurturing relationship with caring adults and peers.  Element B: Teachers demonstrate an awareness of, a commitment to and a respect for multiple aspects of diversity, while working toward common goals as a community of learners.  Element C: Teachers engage students as individuals, including those with diverse needs and interests, across a range of ability levels by adapting their teaching for the benefit of all students.:  Element D: Teachers work collaboratively with the families and/or significant adults for the benefit of students. 4.00(1)(c) Quality Standard III: Teachers plan and deliver effective instruction and create an environment that facilitates learning for their students.  Element A: Teachers demonstrate knowledge about the ways in which learning takes place, including the levels of intellectual, physical, social and emotional development of their students.  Element B: Teachers use formal and informal methods to assess student learning and provide feedback, and they use results to inform planning and instruction.  Element C: Teachers utilize appropriate, available technology to engage students in authentic learning experiences.  Element D: Teachers establish and communicate high expectations and support the development of critical-thinking and problem-solving skills.  Element E: Teachers provide students with opportunities to work in teams and develop leadership.  Element F: Teachers model and promote effective communication. 4.00(1)(d) Quality Standard IV: Teachers demonstrate professionalism through ethical conduct, reflection, and leadership.  Element A: Teachers demonstrate high standards for professional conduct.  Element B: Teachers link professional growth to their professional goals.  Element C: Teachers respond to a complex, dynamic environment.  Element D: Teachers demonstrate leadership in their school, the community and the teaching profession. 4.00(2) English Language Learner Quality Standards In order to ensure that all Colorado educators are well-equipped and able to teach Colorado’s diverse student population, all educator pre-service programs, including approved programs of preparation at institutions of higher education and designated agencies providing alternative teacher programs, must ensure the following standards are fully taught and practiced in their programs. The following standards equate to approximately six (6) semester hours or the equivalent of 90 clock-hours.

Note: The following standards are to supplement, not supplant, the culturally and linguistically diverse (CLD) endorsement. These standards can and should be consistent with the CLD endorsement standards as noted in rule 4.22 1 CCR 301-101 if the educator preparation entity is seeking to graduate students with dual endorsements in a content area and in CLD. 4.00(2)(a) Quality Standard I: Educators are knowledgeable about CLD  Element A: Educators are knowledgeable in and can apply the major theories, concepts and research related to culture, diversity and equity in order to support academic access and opportunity for CLD student  Element B: Educators are knowledgeable in and can use progress monitoring, in conjunction with formative and summative assessments, to support student learning. 4.00(2)(b) Quality Standard II: Educators should be knowledgeable in first and second language acquisition.  Element A: Educators understand and can implement strategies and select materials to aid in English language and content learning.  Element B: Educators are knowledgeable in and can apply the major theories, concepts and research related to culture, diversity and equity in order to support academic access and opportunity for CLD student 4.00(2)(c) Quality Standard III: Educators should understand literacy development for CLD students.  Element A: Educators are knowledgeable in and can apply the major theories, concepts and research related to literacy development for CLD  Element B: Educators understand and can implement strategies and select materials to aid in English language and content learning. 4.00(2)(d) Quality Standard IV: Educators are knowledgeable in the teaching strategies, including methods, materials and assessment for CLD students.  Element A: Educators are knowledgeable in, understand and able to use the major theories, concepts, and research related to language acquisition and language development for CLD students.  Element B: Educators are knowledgeable in and can use progress monitoring, in conjunction with formative and summative assessments, to support student learning. 4.01 Early Childhood Education (Ages Birth-8) 4.01(1) Child growth and development: Understanding a child’s growth, development and learning is paramount in providing experiences that foster each child’s predictable steps and sequences of development. Knowing how children typically grow, develop and learn allows early childhood educators to plan, guide and monitor learning experiences that address the integration of developmental domains for each and every child. Developmentally appropriate learning experiences consider a child’s developmental abilities, temperament, language and cultural background, needs and learning styles while recognizing factors such as family characteristics and community influences. Fully understanding the importance of child growth, development and learning means all children are valued individually and inclusivity is expected and respected, including: 4.01(1)(a) Knowledge of developmental domains, changes and milestones:

ECE professionals are expected to understand, analyze and implement strategies that reflect current child-development pedagogy, theory and research. Primarily, ECE professionals use this knowledge to plan and implement developmentally appropriate environments and experiences to meet the diverse needs of children and families. The diverse needs include but are not limited to culture, language, economic and ability. In order for ECE professionals to provide pedagogically sound experiences for children and families, they need to identify and address children’s diverse developmental abilities and collaborate with community partners to assess children’s strengths and challenges; 4.01(1)(b) Individual needs and differences: ECE professionals identify children’s and families’ risk and protective factors and accordingly plan interventions to support children’s growth and development. ECE professionals use evidence-based practices to assess and address children’s individual needs with respect to culturally responsive curricula and environments; 4.01(1)(c) Special needs: ECE professionals understand and apply inclusive practices for children with diverse developmental abilities. ECE professionals create inclusive environments that respect the individual abilities of children and incorporate individual goals/outcomes into daily routines and practices; and 4.01(1)(d) Fostering healthy attachment and relationships: ECE professionals apply knowledge of healthy caregiver/parent/child attachments to support individual child growth, development and learning. ECE professionals understand the importance of positive relationships and their foundation in social-emotional development and learning. 4.01(2) Child observation and assessment: Child observation and assessment enables ECE professionals to use reliable and valid procedures and practices to gather information on an individual child’s growth and development. Through gathering information on growth, achievement, learning styles, interests, experiences, challenges and understandings of individual children, the curriculum can be enriched to support children through the developmental stages.

Observation and assessment policies, procedures and practices should be sensitive to individual children’s needs, culture, language and abilities. Policies, procedures and practices must incorporate ethical standards around confidentiality and unbiased documentation. Allocated time to share results with families and others involved with the child is a critical component to child observation and assessment, including: 4.01(2)(a) Principles: ECE professionals use a continuous authentic assessment process to ask questions, collect information (i.e., data), interpret the information and then make instructional decisions that are individualized and culturally responsive; 4.01(2)(b) Gathering and documenting: ECE professionals use a body of evidence from a variety of sources to systematically collect authentic assessment data. ECE professionals collaborate with specialized teams to use the assessment data to recognize and respond to children’s developmental concerns through a multi-tiered system of supports; 4.01(2)(c) Summarizing and interpreting: ECE professionals link assessment data to the instructional needs of individual children, recognizing many influential factors; and 4.01(2)(d) Data sharing and reporting: ECE professionals share assessment information to families and other professionals in a culturally sensitive, strength-based manner, using the families’ home language. 4.01(3) Family and community partnerships: Recognizing that families are their child’s first teachers and caregivers is the cornerstone of developing strong partnerships between families and early childhood educators. Children’s lives are rooted in their families and communities, so valuing families in the context of their culture, language, home and community is paramount in building strong connections with children and their families. Celebrating and respecting diversity in terms of ability, language, values, customs, traditions, expectations and attitudes is essential for ECE professionals to understand in order to offer developmentally and culturally appropriate learning opportunities that will help children grow, develop and learn. Understanding that children develop in the context of different family structures and dynamics helps ECE professionals to honor the interests, needs, strengths and challenges of developing children as well. When ECE professionals work collaboratively with community organizations and agencies to meet children’s needs and to encourage community involvement, children’s development is enhanced. Collaborative, reciprocal family and community partnerships help to optimize a child’s growth, development and learning, including: 4.01(3)(a) Valuing families: ECE professionals recognize, value and include families’ preferences and perspectives when planning and implementing curricular decisions; 4.01(3)(b) Respect for diversity: ECE professionals implement culturally responsive practices and acknowledge diversity including cultural, language, economic, religious, family structure and ability level; 4.01(3)(c) Effective communication: ECE professionals communicate effectively with families using a variety of effective strategies that respect families’ home language and individual communicative needs and preferences; 4.01(3)(d) Building reciprocal relationships with families: ECE professionals support families by building meaningful relationships with them so that families have the ability to engage in their children’s development and learning experiences; and 4.01(3)(e) Resources that support children and families: ECE professionals support and provide opportunities to families to engage with their children in meaningful ways. Resources are embedded within the community and reflect the diversity of the families. 4.01(4) Guidance: Incorporating responsive guidance strategies into an early childhood program provides opportunities for establishing secure, interpersonal peer-to-peer, adult-to-child and adult-to-adult relationships. Developmentally appropriate guidance strategies help children to better understand themselves as individuals and as members of a group. A warm and caring, culturally and linguistically responsive environment in which staff consistently use a variety of evidence-based guidance strategies helps children and families feel respected, valued and accepted. Creating an inclusive and supportive culture is fostered through providing both individual and group guidance strategies, including: 4.01(4)(a) Positive interactions and relationships with individual children: ECE professionals provide responsive, caring environments for children and implement positive guidance strategies based on individualized needs and developmental characteristics; 4.01(4)(b) Child guidance and discipline – promoting social and emotional:

ECE professionals implement evidence-based social-emotional practices that promote children’s development of self-regulation that contributes to the foundation for future learning and emotional health; 4.01(4)(c) Communication: ECE professionals work collaboratively with families and specialists to assess and support children with challenging behaviors. Communication between families and professionals will be responsive and strength-based; and 4.01(4)(d) Guidance and the role of staff and other adults: ECE Professionals will maintain a supportive environment for staff and families so that they can engage in effective communication, problem-solving and teaming. 4.01(5) Health, safety and nutrition: Optimal child development is enhanced if young children are safe from physical and emotional harm. In designing learning environments and experiences for young children, meeting the health, safety and nutritional needs are critical to child growth, development and learning.

Environments for young children should be safe from hazards and potential injuries to enable them to explore and learn. Programs should ensure that children are protected from infectious diseases through the implementation of appropriate health, safety and sanitation policies, procedures and daily practices.

ECE professionals should work in partnership with families and communities to create healthy, safe and nutritionally sound environments, while honoring family preferences for their children. ECE professionals establish a foundation for future healthy lifestyles and a pathway for lifelong health and well-being, including: 4.01(6) Professional development and leadership: ECE professionals who identify and conduct themselves as professionals play an important role in the growth, development and learning of children. ECE professionals see themselves as members of the larger community of specialized care and education professionals and have a full understanding of the context in which the early childhood profession originated. Those working in the field adopt professional responsibilities, which include adherence to ethical codes of conduct, advocacy and the effective communication of the importance of high-quality early childhood programming. The knowledge achieved in the profession is based on a foundation of research-based practices that is then implemented in all aspects of child, family, colleagues and community involvement. ECE professionals equipped with specialized education, training and coaching/mentoring are better able to provide environments and experiences that support every aspect of a child’s growth, development and learning, including aspects related to a child’s and family’s diverse needs. Participation in advocacy efforts on behalf of children, families and the profession are critical to advancing the knowledge regarding the importance of high-quality early childhood education. 4.01(7) Program planning and development is vital to high-quality early childhood programs. Sustaining a philosophical base that utilizes research-driven practices with clear goals and objectives while striving for continuous quality improvement helps to ensure high-quality programming for children and their families. An important responsibility of an early childhood professional is to know and uphold rules, regulations and high-quality standards within the daily operations of the program. Professionals implementing best practices and upholding high-quality standards helps to create high-quality early care and learning environments.

Participation in a strong strategic planning process that includes colleagues, community resources, and specialists and takes into account various aspects of organizational, personnel, and financial management is essential. 4.01(8) Teaching practices: ECE educators are responsible for planning, implementing and supporting intentional experiences that promote children’s growth, development and learning in all developmental and academic domains as defined by the Colorado academic standards. Understanding that children learn from a supportive physical, social and temporal environment, it is important that ECE professionals create opportunities where all children can play interactively, communicate, create, explore and construct knowledge and skills to better understand their world. Establishing a learning environment with regard for student perspectives and that honors all children’s individual cultures, strengths, languages, needs and interests and reflects diversity also helps to build a responsive early childhood setting. Planning and implementing a curriculum that responds to the developmental needs of each child and allows children to construct knowledge, skills, concepts, attitudes and dispositions through intentional experiences enhances the learning environment. Teaching practices reflect Colorado Teacher Quality Standards for effective teaching, including: 4.01(8)(a) Planning framework for curricula and learning environment: ECE professionals will plan, implement and evaluate intentional and differentiated instruction that supports the holistic development of all children while adhering to children’s strengths, challenges, learning preferences and diversity. Curricula and learning will be embedded within the daily routines and natural environments so that learning is authentic, functional and meaningful to the child and family; 4.01(8)(b) Physical health development: ECE professionals plan, implement and adapt activities that promote physical development that is appropriate for children of all ability levels and include indoor and outdoor play experiences that are embedded within the daily routines and developmentally appropriate curriculum; 4.01(8)(c) Physical proximity and engagement: ECE professionals plan, implement and adapt activities that promote social engagement that is culturally appropriate for the children and families in their care.; 4.01(8)(d) Language and research-based literacy development: ECE professionals plan, implement and adapt research-driven curricula through meaningful interactions and daily routines to encourage children of all ability levels to use their home language to understand language, various forms of literacy, interact with others and express themselves through verbal, nonverbal and written forms of communication; including 4.01(8)(d)(i) research-based literacy instruction as outlined in 4.02(5)-(13) of these rules; 4.01(8)(e) Cognitive development: ECE professionals plan, implement and adapt developmentally appropriate curricula throughout daily routines so that children of all ability levels are engaged in learning new concepts, completing tasks and adapting information through meaningful experiences and materials; 4.01(8)(f) Social-emotional development: ECE professionals plan, implement and adapt meaningful activities that focus on the promotion of self-

regulation, pro-social interactions and emotional expression. Children who are socially and emotionally ready for learning and engagement understand and effectively express their feelings, cooperate with adults and peers and resolve conflicts with support; 4.01(8)(g) Fostering creativity: ECE professionals plan, implement and adapt curricula that provide children an opportunity to express themselves through a variety of creative means regardless of their individual abilities, language or culture; 4.01(8)(h) Knowledge of productivity: ECE professionals plan and implement a balance of experiences for children that address various levels of play, interactions and activity levels, in addition to responding to the diverse needs of the children in their care; 4.01(8)(i) How children learn and approaches to learning: ECE professionals plan, implement and adapt activities that promote all children’s creativity, innovation, curiosity, exploration and problem-solving in learning environments and daily routines; and 4.01(8)(j) evidence-informed practices in mathematics as outlined in sections 4.02(14)-(16) of these rules. 4.02 Elementary Education (Grades K-6) 4.02(1) The elementary educator is knowledgeable about curriculum development and instruction and is able to: 4.02(1)(a) design and implement an integrated curriculum based upon adopted content standards including, but not limited to, language arts (e.g., reading, writing, speaking and listening), science, mathematics, social studies, the arts, health, physical education and technology; 4.02(1)(b) select and use equipment, materials and technology which support a wide variety of instructional strategies to be implemented based on adopted content standards and on both informal and formal assessments of student learning needs; 4.02(1)(c) implement appropriate strategies and activities to increase student achievement; and 4.02(1)(d) understand and adhere to strict data privacy and security practices. 4.02(2) The elementary educator is knowledgeable about child development as it applies to learning and is able to: 4.02(2)(a) incorporate documented and proven theories of child development and learning as appropriate for all learners including, but not limited to, exceptional and linguistically diverse learners; 4.02(2)(b) plan and implement differentiated instructional strategies that address stages of individual development, personal traits and interests, language diversity and exceptionality; 4.02(2)(c) recognize and display respect for family, culture, economic and societal influences that affect students' learning and academic progress and draw upon their strengths and experiences in planning for instruction; 4.02(2)(d) effectively articulate the elements of and rationale for the instructional program to students, parents and other professionals. 4.02(3) The elementary educator is knowledgeable about classroom environment and is able to: 4.02(3)(a) provide a safe and engaging learning environment responsive to individual learner needs and student choices and interests; 4.02(3)(b) effectively utilize developmentally appropriate, learner-responsive time- management techniques; and 4.02(3)(c) implement positive and effective classroom management strategies that encourage behaviors that will enhance learning for all students. 4.02(4) The elementary educator is knowledgeable about assessment and is able 4.02(4)(a) effectively administer a wide variety of ongoing formal and informal assessments that are developmentally appropriate, responsive to the needs of diverse learners and inclusive of adopted content standards; 4.02(4)(b) effectively utilize assessment results and related data to plan for appropriate student instruction; 4.02(4)(c) actively involve students in understanding the importance of assessment and its relationship to meeting learning objectives; and 4.02(4)(d) effectively communicate with students, parents and other professionals concerning assessments and student performance. 4.02(5) The elementary educator is highly knowledgeable about research-based literacy development, is able to develop oral and written learning, as well as: 4.02(5)(a) understand and explain the language processing requirements of proficient reading and writing including phonological (speech sound) processing; orthographic (print) processing; semantic (meaning) processing; syntactic (sentence level) processing; discourse (connected text level) processing; 4.02(5)(b) understand and explain other aspects of cognition and behavior that affect reading and writing including attention, executive function, memory, processing speed and graphomotor control; 4.02(5)(c) define and identify environmental, cultural and social factors that contribute to literacy development (e.g., language spoken at home, language and literacy experiences, cultural values); 4.02(5)(d) know and identify phases in the typical developmental progression of oral language (semantic, syntactic, pragmatic); phonological skill; printed word recognition; spelling; reading fluency; reading comprehension; and written expression; 4.02(5)(e) understand and explain the known causal relationship among phonological skill, phonic decoding, spelling, accurate and automatic word recognition, text reading fluency, background knowledge, verbal reasoning skill, vocabulary, reading comprehension and writing; 4.02(5)(f) know and explain how the relationships among the major components of research-based literacy development change with reading development (i.e., changes in oral language, including phonological awareness; phonics and word recognition; spelling; reading and writing fluency; vocabulary; reading comprehension skills and strategies; written expression); and 4.02(5)(g) know reasonable goals and expectations for learners at various stages of reading and writing development. 4.02(6) The elementary educator is knowledgeable about the structure of language including: 4.02(6)(a) phonology (the speech sound system), and is able to: 4.02(6)(a)(i) identify, pronounce, classify and compare the consonant and vowel phonemes of English; 4.02(6)(b) orthography (the spelling system), and is able to: 4.02(6)(b)(i) understand the broad outline of historical influences on English spelling patterns, especially Anglo-Saxon, Latin (romance) and Greek; 4.02(6)(b)(ii) define grapheme as a functional correspondence unit or representation of a phoneme; 4.02(6)(b)(iii) recognize and explain common orthographic rules and patterns in English; 4.02(6)(b)(iv) know the difference between “high frequency” and “irregular” words; and 4.02(6)(b)(v) identify, explain and categorize six basic syllable types in English spelling. 4.02(6)(c) morphology, and is able to: 4.02(6)(c)(i) identify and categorize common morphemes in English, including Anglo- Saxon compounds, inflectional suffixes, and derivational suffixes; Latin-based prefixes, roots, and derivational suffixes; and Greek-based combining forms. 4.02(6)(d) semantics, and is able to: 4.02(6)(d)(i) understand and identify examples of meaningful word relationships or semantic organization. 4.02(6)(e) syntax, and is able to: 4.02(6)(e)(i) define and distinguish among phrases, dependent clauses, and independent clauses in sentence structure; and 4.02(6)(e)(ii) identify the parts of speech and the grammatical role of a word in a sentence. 4.02(6)(f) discourse organization, and is able to: 4.02(6)(f)(i) explain the major differences between narrative and expository discourse; 4.02(6)(f)(ii) identify and construct expository paragraphs of varying logical structures (e.g., classification, reason, sequence); and 4.02(6)(f)(iii) identify cohesive devices in text and inferential gaps in the surface language of text. 4.02(7) The elementary educator is knowledgeable about the administration and interpretation of assessments for planning instruction, including: 4.02(7)(a) understanding the differences among screening, diagnostic, outcome and progress monitoring assessments; 4.02(7)(b) understanding basic principles of test construction including reliability, validity, norm-referencing and criterion-referencing; 4.02(7)(c) understanding the principles of progress monitoring and the use of graphs to indicate progress; 4.02(7)(d) knowing the range of skills typically assessed in terms of phonological skills, decoding skills, oral reading skills, spelling and writing; 4.02(7)(e) recognizing the content and purposes of the most common diagnostic tests used by psychologists and educational evaluators; and 4.02(7)(f) interpreting measures of reading comprehension and written expression to make appropriate instructional recommendations. 4.02(8) The elementary educator is able to develop phonology, and is able to: 4.02(8)(a) identify the general goal of phonological skill instruction and be able to explicitly state the goal of any phonological teaching activity; 4.02(8)(b) know the progression of phonological skill development (i.e., rhyme, syllable, onset-rime, phoneme differentiation); 4.02(8)(c) identify the differences among various phonological manipulations, including identifying, matching, blending, segmenting, substituting and deleting sounds; 4.02(8)(d) understand the principles of phonological skill instruction: brief, multisensory, conceptual and auditory-verbal; 4.02(8)(e) understand the reciprocal relationship among phonological processing, reading, spelling and vocabulary; and 4.02(8)(f) understand the phonological features of a second language, such as Spanish, and how they interfere with English pronunciation and phonics. 4.02(9) The elementary educator is able to develop phonics and word-recognition knowledge related to reading including: 4.02(9)(a) knowing or recognizing the appropriate sequence of phonics concepts from basic to advanced; 4.02(9)(b) understanding principles of explicit and direct teaching; model, lead, give guided practice and review; 4.02(9)(c) stating the rationale for multisensory and multimodal techniques; 4.02(9)(d) knowing the routines of a complete lesson format, from the introduction of a word-recognition concept to fluent application in meaningful reading and writing; and 4.02(9)(e) understanding research-based adaptations of instruction for students with weaknesses in working memory, attention, executive function or processing speed. 4.02(10) The elementary educator is able to develop fluent, automatic reading of text: 4.02(10)(a) understanding the role of fluency in word recognition, oral reading, silent reading, comprehension of written discourse and motivation to read; 4.02(10)(b) understanding reading fluency as a stage of normal reading development, as the primary symptom of some reading disorders and as a consequence of practice and instruction; 4.02(10)(c) defining and identifying examples of text at a student’s frustration, instructional and independent reading level; 4.02(10)(d) knowing sources of activities for building fluency in component reading skills; 4.02(10)(e) knowing which instructional activities and approaches are most likely to improve fluency outcomes; 4.02(10)(f) understanding techniques to enhance a student’s motivation to read; 4.02(10)(g) understanding appropriate uses of assistive technology for students with serious limitations in reading fluency; and 4.02(10)(h) understand the relationship between accuracy and reading fluency. 4.02(11) The elementary educator is knowledgeable about vocabulary development related to reading instruction including: 4.02(11)(a) understanding the role of vocabulary development and vocabulary knowledge in comprehension; 4.02(11)(b) understanding the role and characteristics of direct and indirect (contextual) methods of vocabulary instruction; 4.02(11)(c) knowing varied techniques for vocabulary instruction before, during and after reading; 4.02(11)(d) understanding that word knowledge is multifaceted; and 4.02(11)(e) understanding the sources of wide differences in students’ vocabularies. 4.02(12) The elementary educator is able to develop text comprehension including: 4.02(12)(a) being familiar with teaching strategies that are appropriate before, during and after reading and that promote reflective reading; 4.02(12)(b) contrasting the characteristics of major text genres, including narration, exposition and argumentation; 4.02(12)(c) understanding the similarities and differences between written composition and text comprehension, and the usefulness of writing in building comprehension; 4.02(12)(d) identifying in any text the phrases, clauses, sentences, paragraphs and “academic language” that could be a source of miscomprehension; 4.02(12)(e) understanding levels of comprehension including the surface code, text base and mental model (situation model); and 4.02(12)(f) understanding factors that contribute to deep comprehension, including background knowledge, vocabulary, verbal reasoning ability, knowledge of literary structures and conventions, and use of skills and strategies for close reading of text. 4.02(13) The elementary educator is able to develop handwriting, spelling and written expression: 4.02(13)(a) handwriting: 4.02(13)(a)(i) knowing research-based principles for teaching letter naming and letter formation, both manuscript and cursive; and 4.02(13)(a)(ii) knowing techniques for teaching handwriting fluency. 4.02(13)(b) spelling: 4.02(13)(b)(i) recognizing and explaining the relationship between transcription skills and written expression; 4.02(13)(b)(ii) identifying students’ level of spelling development and orthographic knowledge; and 4.02(13)(b)(iii) recognizing and explaining the influences of phonological, orthographic, and morphemic knowledge on spelling. 4.02(13)(c) written expression: 4.02(13)(c)(i) understanding the major components and processes of written expression and how they interact (e.g., basic writing/transcription skills versus text generation); 4.02(13)(c)(ii) knowing grade and developmental expectation for students’ writing in the following areas: mechanics and conventions of writing, composition, revision and editing processes; and 4.02(13)(c)(iii) understanding appropriate uses of assistive technology in written expression. 4.02(14) The elementary educator is knowledgeable about mathematics concepts and able to articulate these concepts as well as concepts that precede and that follow the content they teach, regarding: 4.02(14)(a) counting and cardinality, including: 4.02(14)(a)(i) perceptual and conceptual subitizing, counting and matching, and how these skills are related and developed. 4.02(14)(b) numbers and operations in base ten, including: 4.02(14)(b)(i) the comparison of quantities and less-than and greater-than relationships as an early step toward decomposing and composing numbers in ways that are necessary in common arithmetic procedures; 4.02(14)(b)(ii) the importance of the benchmarks of 5 and 10 as support for seeing numbers as combinations of other numbers; 4.02(14)(b)(iii) that computation includes mental computation, estimation strategies, invented and standard algorithms; 4.02(14)(b)(iv) how efficient base-ten computation methods rely on decomposing numbers and applying properties of operations to decompose the calculation into parts; 4.02(14)(b)(v) how to interpret multiple meanings of fractions, including part-whole relationships, measures, locations on a number line, quotients, ratios and operators; and 4.02(14)(b)(vi) the unit as a foundational concept, especially as it is fundamental to the interpretation of rational numbers. 4.02(14)(c) operations and algebraic thinking, including: 4.02(14)(c)(i) the varied arithmetic problem types such as joining, separating and comparing problems with different parts of a problem situation unknown; 4.02(14)(c)(ii) that the equal sign denotes that two expressions have the same value, avoiding the common misconception of the equal sign as an indication that the answer comes next; 4.02(14)(c)(iii) the rationale behind equivalent fractions and operations with fractions, and how the concept of equivalence supports early algebraic thinking; and 4.02(14)(c)(iv) how to translate and contextualize symbolic representations of phenomena as well as notice mathematical relations and patterns within real-life and problem contexts. 4.02(14)(d) geometry and measurement, including: 4.02(14)(d)(i) how the relationships between parts of twodimensional shapes define and describe circles, triangles, rectangles, squares, rhombuses, trapezoids, hexagons and other polygons; 4.02(14)(d)(ii) how the relationships between three-dimensional shapes define and describe cubes, prisms, cylinders, pyramids, cones and spheres; 4.02(14)(d)(iii) how the composition and decomposition of shapes underlies the understanding of fractions, coordinate geometry, area measurement and volume; and 4.02(14)(d)(iv) how determining an object’s size relates to both the object’s measurable geometric attributes and the choice of unit needed to quantify that attribute. 4.02(14)(e) data analysis, including: 4.02(14)(e)(i) that the foundations of statistical reasoning begin with collecting and organizing data to answer a question about our world and then examining the variability of that situation; 4.02(14)(e)(ii) that number and measurement are central to categorizing and understanding data, and data analysis provides a context in which number and measurement are used; and 4.02(14)(e)(iii) how to use data displays to ask and answer questions about data, including the mean, median, interquartile range, and mean absolute deviation, and use these measures to compare data sets. 4.02(15) The elementary educator is knowledgeable of the eight common standards for mathematical practice, including: 4.02(15)(a) engaging in appropriate mathematical processes and practices and supporting students in doing the same; and 4.02(15)(b) exhibiting productive mathematical dispositions toward the teaching and learning of mathematics to support students’ sense making, understanding and reasoning. 4.02(16) The elementary educator is knowledgeable about mathematics-specific pedagogy and practices, including: 4.02(16)(a) analyzing the mathematical content of curriculum, including the learning trajectories for key mathematical topics and how they connect to foundational frameworks related to standards, curriculum, and assessment; 4.02(16)(b) using research evidenced core set of pedagogical practices that are effective for developing students’ meaningful learning of mathematics; 4.02(16)(c) using mathematical tools and technology, such as physical models and mathematical representations, that are designed to support mathematical reasoning and sensemaking; 4.02(16)(d) understanding students as learners of mathematics, including students’ mathematical knowledge, skills and dispositions; and 4.02(16)(e) identifying and utilizing acceleration and intervention strategies to help students who are below grade level or struggling in mathematics, children with disabilities, gifted students and students who are English language learners. 4.02(17) The elementary educator shall self-assess the effectiveness of instruction 4.03 Agriculture, Food and Natural Resources (Grades 6-12) 4.03(1) The agriculture, food and renewable natural resources educator must have extensive preparation in agriculture, food and renewable natural resources and demonstrate knowledge in related content including, but not limited to, animal sciences; power, structural and technical systems; plant sciences; agribusiness systems; environmental science and natural resource systems; and food products and processing. 4.03(1)(a) The agriculture, food and renewable natural resources educator must be knowledgeable and able to effectively instruct students about one or more of the following content areas: 4.03(1)(a)(i) animal sciences to include, but not be limited to: trends in the animal industry, best practices for animal welfare, nutrition, reproduction, environmental management and performance; 4.03(1)(a)(ii) agricultural power, structural and technical systems to include, but not be limited to: physical science applications in agriculture PST systems; equipment operation, repair and maintenance; planning, building and maintaining agriculture structures; agricultural metal fabrication; and operation and utilization of geospatial technologies in agriculture; 4.03(1)(a)(iii) plant systems to include, but not be limited to: crop management planning; plant anatomy, classification and philosophy; propagation, culture and harvest of plant products; and principles of design in plant systems for environmental enhancement; 4.03(1)(a)(iv) agricultural business systems to include, but not be limited to: business management principles; financial and production data collection and recording; credit and cash management; business planning; and sales and marketing; 4.03(1)(a)(v) environmental science and natural resources to include, but not be limited to: natural resources use planning; interrelationships between natural resources and humans; sustainable production and use of natural resources; environmental analytical procedures; tools and equipment; environmental policies and regulations; and environmental service systems; and 4.03(1)(a)(vi) food products and processing to include, but not be limited to: food safety, sanitation and practices; food nutrition; biology, microbiology and chemistry; food processes, storage, distribution and consumption; and food industry scope and 4.03(1)(b) The agriculture, food and renewable natural resources educator is knowledgeable about and able to: 4.03(1)(b)(i) ensure that students' work reflects industry standards and that students remain aware of current issues in the field; 4.03(1)(b)(ii) maintain an active advisory committee(s) composed of local business/industry representatives to assure that implementation of the curriculum accurately reflects current industry conditions and standards, and to serve as a resource for the placement of 4.03(1)(b)(iii) acquire and allocate supplementary fiscal and human resources, as needed, from and within the school, community and industry; 4.03(1)(b)(iv) provide experiences in simulated or real workplace environments that can provide students with appropriate and applicable firsthand experience to enable them to make career decisions based on a knowledgeable perspective; 4.03(1)(b)(v) provide students with a wide variety of opportunities to gain experience with and be able to exercise initiative in applying the skills and abilities of organizational management and leadership, public speaking and parliamentary procedure, and to earn awards and recognition through participation in student vocational and community service organizations; 4.03(1)(b)(vi) provide students with the ability to evaluate, select, adapt and apply technology as needed; 4.03(1)(b)(vii) incorporate and reinforce practical applications of core content knowledge, skills and abilities in simulated or realworld situations and by coordinating instruction with other educational staff; 4.03(1)(b)(viii) present and discuss controversial issues related to agriculture and renewable resources in the instructional setting with clarity and without bias; and 4.03(1)(b)(ix) maintain a safe, well-equipped and well-maintained learning environment and instruct students in the safe and appropriate use, care and maintenance of tools, equipment and applicable substances and materials. 4.03(2) The agriculture, food and renewable resources educator shall self-assess the effectiveness of instruction based on the achievement of students and pursue 4.04 Visual Arts (Grades K-12) 4.04(1) The visual arts educator is knowledgeable about and able to instruct students in: 4.04(1)(a) determining and interpreting meaning in works of art; 4.04(1)(b) creating personal meaning in art; and 4.04(1)(c) identifying the variety of viewpoints and philosophies behind works of art. 4.04(2) The visual arts educator is able to effectively inform students about the terminology and facets of art inherent in their own and other works of art 4.04(2)(a) the vocabulary and critical language of arts discourse around relevant art processes; 4.04(2)(b) the expressive features and characteristics of art; and 4.04(2)(c) the ability to create multiple solutions to visual arts problems. 4.04(3) The visual arts educator is able to effectively instruct students regarding: 4.04(3)(a) the preparation, research, safety, interrelationships, processes and materials applicable to areas of specialization in art including, but not limited to: 4.04(3)(a)(i) drawing, painting, sculpture, photography, printmaking, fibers, ceramics, jewelry, crafts and media arts; and 4.04(3)(a)(ii) appropriate hands-on art experiences taught in a curriculum designed around the state standards and focused on developing cognitive and manipulative skills. 4.04(4) The visual arts educator is able to teach students about the history of art including that in contemporary and past cultures, with an emphasis on: 4.04(4)(a) the contributions of the arts to the development of civilization and culture; 4.04(4)(b) the relationship of the arts to the culture/society in which they originated; 4.04(4)(c) the influence of the arts on subsequent and current culture(s); and 4.04(4)(d) how the arts are an academic discipline that can relate, connect and transfer to a multitude of life experiences, subjects and disciplines such as math; science; reading, writing and communicating; and social studies. 4.04(5) The visual arts educator is able to instruct students on the objective and subjective evaluation and critique of art, and how to: 4.04(5)(a) formulate and articulate judgments about works of art based on objective and subjective rationale; and 4.04(5)(b) engage in knowledgeable discourse about aesthetics, including the

purpose and value of art to the individual and society, from a variety of philosophical stances. 4.04(6) The visual arts educator shall provide students with motivation and encouragement to pursue appropriate forms of self-expression in the visual and other arts. 4.04(7) The visual arts educator shall promote more advanced instruction where appropriate. 4.04(8) The visual arts educator shall self-assess the effectiveness of instruction 4.05 Business/ Marketing (Grades 6-12) 4.05(1) The business/marketing educator must have extensive preparation in business and marketing and be knowledgeable about and able to effectively instruct students in the following content areas: 4.05(1)(a) economics, labor market conditions and micro- and macroeconomic factors of a domestic and global economy; 4.05(1)(b) technology and its appropriate applications; 4.05(1)(c) information management; 4.05(1)(d) accounting and finance including the basic functions of auditing, banking, investments, taxation, insurance and risk taking; 4.05(1)(e) personnel policies and human resource management including hiring, staff development, compensation and employee relations; 4.05(1)(f) business communications including the use of technology, written communication and presentation skills; 4.05(1)(g) business law, sales contracts, consumer law, employment (including personnel policies and practices), business organization and related matters; 4.05(1)(h) legislation as it affects business and/or marketing fields and issues; 4.05(1)(i) business and marketing ethics’ 4.05(1)(j) new and traditional business and/or marketing options, as related to career skills and abilities and career development; and 4.05(1)(k) marketing principles and practices of buyer analysis including, but not limited to, development and distribution of products and services. 4.05(2) The business/marketing educator shall self-assess the effectiveness of 4.06 (Rule Number Reserved) 4.07 Drama Theatre Arts (Grades K-12) 4.07(1) The drama theatre arts educator is knowledgeable about the content and creative processes of drama theatre arts and is able to instruct students about: 4.07(1)(a) historical and cultural context including, but not limited to, global theatrical styles, techniques and traditions over time and acknowledging drama theatre arts in society as creative, expressive, communicable and social; 4.07(1)(b) a variety of approaches to critically analyze, observe and critique a variety of styles, genres, aesthetics and technical design, and uses of drama and theatre arts; 4.07(1)(c) skillful use of drama theatre arts literacy in students, demonstrating ways to read, write and communicate using the language of drama theatre arts; 4.07(1)(d) informed demonstration and identification of a variety of techniques and styles of drama theatre arts with confidence, expression, accuracy and intent; and 4.07(1)(e) approaches to design, write, problem-solve and innovate to find their own unique dramatic voice. 4.07(2) The drama theatre arts educator is able to instruct, effectively demonstrate and provide experiences for students in various areas of drama theatre arts pedagogical theory and practice including, but not limited to: 4.07(2)(a) determining and interpreting meaning in dramatic works; 4.07(2)(b) methods of teaching drama theatre arts to students, as age and grade appropriate, and to other educators, as related but not limited to direction and selection of dramatic or theatrical subject matter; communication of ideas through drama and/or theatre; distinguishing theatrical forms and styles; creation of a variety of dramatic and/or theatrical works, employing skills related to dramatic and/or theatrical performances; evaluation of dramatic and/or theatrical works; and relating drama theatre arts to diverse cultures; 4.07(2)(c) knowledge and method of how drama theatre arts relates, informs, connects and transfers to other subjects and disciplines; and 4.07(2)(d) knowledge and the ability to envision and implement the creative cyclical process, including critically responding to dramatic and/or theatrical works, the ability to create dramatic and/or theatrical works; and the ability to perform in a variety of dramatic and/or theatrical works. 4.07(3) The drama theatre arts educator shall facilitate students’ learning in order to develop critical- thinking and reasoning skills, information literacy, collaboration, self-direction and invention skills for lifelong learning about drama theatre arts, including the personal pursuit of further experience in drama theatre arts. 4.07(4) The drama theatre arts educator shall self-assess and act upon feedback regarding the effectiveness of instruction, based on the achievement of students, and pursue continuous professional development through appropriate activities and coursework and through participation in relevant professional organizations. 4.08 Computer Science (Grades K-12) 4.08(1) The computer science teacher is knowledgeable about and able to demonstrate: 4.08(1)(a) computational thinking and concepts of programming, including: 4.08(1)(a)(i) problem-solving skills, variables and control structures, abstraction and algorithms; 4.08(1)(a)(ii) code comments, pseudocode, flowcharts and other documentation; and 4.08(1)(a)(iii) testing and debugging; 4.08(1)(b) hardware and software systems, including: 4.08(1)(b)(i) inputs and outputs; 4.08(1)(b)(ii) storage and the process of the transformation of data; 4.08(1)(b)(iii) specific functions and use of hardware; and 4.08(1)(b)(iv) troubleshooting problems; 4.08(1)(c) internet and network systems, including: 4.08(1)(c)(i) the internet’s role as facilitator of the transfer of information; 4.08(1)(c)(ii) a network as a series of interconnected devices and the internet as a series of interconnected networks; and 4.08(1)(c)(iii) basic internet safety; 4.08(1)(d) how to collect, store, transform, analyze, evaluate and secure data; 4.08(1)(e) the impacts of computing, including: 4.08(1)(e)(i) the interaction between human and computing systems; 4.08(1)(e)(ii) the history of computer science; 4.08(1)(e)(iii) equity and access considerations; 4.08(1)(e)(iv) laws and ethics associated with the field of computer science and the ramifications of the misuse of technology; and 4.08(1)(e)(v) tradeoffs between usability and security in hardware, networks and the internet. 4.08(2) The computer science educator is able to: 4.08(2)(a) create and foster an engaging environment in which all students develop the requisite computer science skills to participate more fully in a technologically based collaborative society; 4.08(2)(b) analyze and evaluate computer science curricula to ensure age- and grade- appropriate content; 4.08(2)(c) effectively integrate technology into instructional and assessment strategies, as appropriate to computer science education and the learner; 4.08(2)(d) perform laboratory-based, hands-on activities, including unplugged activities, block- based programming and thirdgeneration programming language, that demonstrate gradeappropriate programming concepts and proficiency; and 4.08(2)(e) implement instructional practices and grade-appropriate applications on the interrelationships between the field of computer science and disparate content areas to: 4.08(2)(e)(i) make concrete and abstract representations; and 4.08(2)(e)(ii) connect computer science with real-world situations. 4.08(3) The computer science educator is knowledgeable and able to effectively instruct students about: 4.08(3)(a) artificial intelligence; 4.08(3)(b) computational sciences; 4.08(3)(c) computer programming; 4.08(3)(d) cybersecurity; 4.08(3)(e) data science; 4.08(3)(f) hardware and network systems; 4.08(3)(g) machine learning; and 4.08(3)(h) robotics. 4.08(4) The computer science educator is knowledgeable about the specific shifts in general instruction practices required for computer science education and is able to help students: 4.08(4)(a) develop resilience and perseverance with regard to computer science and computational learning experiences; 4.08(4)(b) attain a level of comfort with ambiguity and open-ended problems; 4.08(4)(c) see failure as an opportunity to learn and innovate; 4.08(4)(d) understand that computational thinking is a fundamental human ability and does not require a computer, and how that understanding can leverage the power of computers to solve a problem; 4.08(4)(e) recognize that not all problems can be solved computationally; and 4.08(4)(f) understand the role and importance of cybersecurity. 4.08(5) The computer science educator shall self-assess and act upon feedback regarding the effectiveness of instruction based on the achievement of students and pursue continuous professional development through appropriate activities, coursework and participation in relevant professional organizations to keep abreast of the ever-changing developments in technology. 4.09 English Language Arts (Grades 6-12) 4.09(1) The English language arts educator is knowledgeable about the content of the English language arts and is able to develop English language arts skills in students based on an applicable understanding of the history and structure of the English language including, but not limited to, the impact of literary and psycholinguistic, sociolinguistic, cultural, familial and other relevant factors, and is able to: 4.09(1)(a) articulate to students an understanding of the relationships between the English language arts and their applications including, but not limited to, reading, writing, speaking, listening and viewing. 4.09(1)(b) select, adapt and create resources, instructional materials and coursework which provide students at all academic levels with: 4.09(1)(b)(i) multiple and varied ways of reinforcing and adding to English language skills development; 4.09(1)(b)(ii) opportunities to gain an understanding and appreciation of the history, structure and evolving nature of the English language; 4.09(1)(b)(iii) the ability to use appropriate variations in language depending on purpose and audience; and 4.09(1)(b)(iv) the ability to use standard English language (e.g., usage, grammar, spelling and syntax) when communicating with and understanding others in a variety of formal and informal situations. 4.09(2) The English language arts educator is knowledgeable about literature written for adolescents and adults and is able to strategically and with intention present to students an age-appropriate selection of a wide and balanced variety of literary works, authors and genres including, but not limited to: 4.09(2)(a) traditional and contemporary literature, including young adult literature, representing a range of cultures and viewpoints from the United States and other countries; and 4.09(2)(b) works of literary theory and literary criticism. 4.09(3) The English language arts educator is knowledgeable about appropriate, varied and high-quality literature which can demonstrate to students that literature is central to the humanities and provides a shared reference point from which questions of values, attitudes and beliefs can be explored, and is able to present opportunities for students to: 4.09(3)(a) learn to enjoy and appreciate literature; 4.09(3)(b) gain a critical understanding of a wide variety of literary types, styles and themes – both fiction and non-fiction; 4.09(3)(c) explore, analyze, interpret and evaluate literature; 4.09(3)(d) demonstrate their comprehension of texts in a variety of forms of literature and writings; 4.09(3)(e) use a range of written and oral, formal and informal means of responding to literature; and 4.09(3)(f) gain an appreciation of literature that reflects the breadth and diversity of the human experience which serves as a mirror of their own experiences as well as a window into the experiences and perspectives of others. 4.09(4) The English language arts educator is knowledgeable about developing students' abilities to read strategically and is able to instruct them about skills related, but not limited to: 4.09(4)(a) analyzing, identifying and clarifying the meaning of texts; 4.09(4)(b) comprehending, interpreting and evaluating texts; 4.09(4)(c) choosing reading materials with increasing sophistication and complexity; and 4.09(4)(d) understanding the synergistic relationship between reading and writing. 4.09(5) The English language arts educator is knowledgeable about a wide range of readings, from fiction and non-fiction print literature to non-print texts; classical literary genres to those in popular culture; and traditional to contemporary works, and is able to teach students the skills and abilities to: 4.09(5)(a) make sound choices for individual reading; 4.09(5)(b) read independently for pleasure, learning and research; 4.09(5)(c) develop individual strategies for reading and comprehending texts; 4.09(5)(d) ask strategic questions, predict, infer, paraphrase and summarize what is read; 4.09(5)(e) use a range of strategies to read with a critical eye to discern the craft of the written piece, rhetorical strategies, authorial intent and literary technique; and 4.09(5)(f) compare the development of themes, concepts and authors’ writing styles by analyzing a variety of literary works. 4.09(6) The English language arts educator is knowledgeable about written communication and able to develop skills and abilities including, but not limited 4.09(6)(a) effective composition for different purposes and audiences, in a variety of ways and through a variety of genres; 4.09(6)(b) effective writing processes (e.g., planning, drafting, revising, proofreading, editing and publishing); 4.09(6)(c) effective use of the rules of written language; and 4.09(6)(d) appropriate and effective thinking skills (e.g., problem-solving, analysis, synthesis, evaluation, etc.) to craft written work. 4.09(7) The English language arts educator is knowledgeable about oral communication and is able to develop appropriate student usage thereof 4.09(7)(a) employing communication strategies for different purposes and audiences in a variety of formats; 4.09(7)(b) utilizing appropriate oral communication processes (e.g., research, organization, presentation and incorporation of feedback); 4.09(7)(c) applying elements of effective communication (e.g., clarity of thought and speech, appropriateness of language, effective use of voice and articulation, and listening skills); and 4.09(7)(d) employing listening and speaking as complementary processes. 4.09(8) The English language arts educator is knowledgeable about instructional strategies and is able to instruct so that students develop an appropriate vocabulary consisting of academic language as well as real-world language, and so that students are able to use written and oral language for a variety of communication purposes, by providing them with opportunities to: 4.09(8)(a) practice and gain proficiency in the art of written and oral communication for a variety of purposes and audiences; 4.09(8)(b) reinforce writing and speaking skills to underscore their importance in learning and communicating; 4.09(8)(c) experience thoughtful guided discourse that allows the practice of a variety of communication strategies; and 4.09(8)(d) be evaluated on oral presentations and written work based upon a prearranged, clearly defined set of criteria that provides fair, consistent and constructive feedback for improvement. 4.09(9) The English language arts educator is knowledgeable about visual communication and information processes and is able to instruct students about: 4.09(9)(a) active and constructive viewing and the visual representation of ideas to assure clear understanding of what is intended; 4.09(9)(b) critically evaluating information, media and technology; 4.09(9)(c) utilizing technological resources for the access, selection and application of relevant information; 4.09(9)(d) identifying the influence of mode and style on representation of content; and 4.09(9)(e) identifying relevant research for various purposes and materials. 4.09(10) The English language arts educator is knowledgeable about technology and media and is able to incorporate them into classroom use and instruction so that students become familiar with visual communication and information processes and are able to: 4.09(10)(a) acquire knowledge through the use of a variety of strategies, resources, processes and technologies; 4.09(10)(b) judge the quality, usefulness and appropriateness of media and technology presentations; 4.09(10)(c) use multi-media technology to communicate their own ideas in a variety of ways; and 4.09(10)(d) identify visual and electronic texts as significant components of the English language arts and be able to select, analyze and evaluate them based on need or usefulness. 4.09(11) The English language arts educator is knowledgeable about student assessments and is able to: 4.09(11)(a) develop a variety of ways students may demonstrate mastery appropriate to the English language arts classroom; 4.09(11)(b) articulate the relationship between standards, assessments, curricula and classroom instructional strategies; 4.09(11)(c) analyze and incorporate assessment data: 4.09(11)(c)(i) into the planning for individual and group instruction; 4.09(11)(c)(ii) into the diagnosis of individual student and group needs to increase and/or enhance achievement including, but not limited to, remediation or acceleration; and 4.09(11)(d) incorporate a range of clearly identified useful, appropriate, fair and equitable assessment methods to provide students: 4.09(11)(d)(i) feedback, guidance and instruction to increase their proficiency in reading, writing, speaking and listening; 4.09(11)(d)(ii) multiple opportunities to create products which demonstrate competence in communication through a variety of means including, but not limited to, audio/visual, written and oral presentation; and 4.09(11)(d)(iii) instruction based on assessments of students’ needs and on approved standards for English language arts. 4.09(12) The English language arts educator is knowledgeable about literacy and is able to: 4.09(12)(a) provide students with extensive opportunities to acquire and use language and to evaluate literature and texts through reading, writing, speaking, listening and viewing; 4.09(12)(b) demonstrate and promote a commitment to the development of literacy and its applications; 4.09(12)(c) assist students whose first language is one other than English in developing fluency and competence in English language arts; 4.09(12)(d) develop materials and activities that promote student understanding of the synergistic interrelationship between all of the English language arts as defined in 4.09(1)(a); 4.09(12)(e) assist students in identifying and defining questions related to literature and other texts; 4.09(12)(f) effectively model to students the mastery of English oral and written language; 4.09(12)(g) select, adapt and create resources based on an assessment of student academic needs and relevant to required curricula, age gradelevel expectations and levels of English-language proficiency; 4.09(12)(h) refine instruction and instructional materials based on student progress; 4.09(12)(i) create an inclusive, challenging, engaging classroom environment in which individual ideas are encouraged, acknowledged, respected and valued; 4.09(12)(j) incorporate student content standards into ongoing lesson plans; 4.09(12)(k) use assessment results to evaluate and improve teaching effectiveness and to plan for professional growth. 4.09(13) The English language arts educator is able to effectively communicate to students, parents, staff and other interested audiences about curriculum, assessment, class requirements, methods of instructional delivery and high standards and expectations for all students. 4.09(14) The English language arts educator shall self-assess the effectiveness of 4.10 World Languages (Grades K-12)

The following regulations set forth the standards for these world languages: American Sign Language, French, German, Italian, Japanese, Latin, Mandarin Chinese, Russian and Spanish. 4.10(1) Language proficiency: A competent world languages teacher is proficient in the language(s) taught, according to the proficiency guidelines outlined by the American Council of the Teaching of Foreign Languages; is able to communicate effectively in interpersonal, interpretive and presentational contexts at a minimum proficiency level, equivalent to the advanced low level defined by the council’s proficiency guidelines; and is able to: 4.10(1)(a) speak in the interpersonal mode of communication (except classical languages such as Latin, as there is no requirement for them to be spoken in interpersonal mode); 4.10(1)(b) interpret oral, printed and video texts and visual images by demonstrating both literal and figurative or symbolic comprehension; and 4.10(1)(c) present oral and written information to audiences of listeners or readers. 4.10(2) Cultures, linguistics, literatures and concepts from other disciplines: A competent world languages teacher demonstrates understanding of the multiple content areas that comprise the field of world language learning, recognizes the changing nature of language and is able to: 4.10(2)(a) demonstrate understanding of the interrelatedness of perspectives, products and practices in the target cultures; 4.10(2)(b) demonstrate target cultural understandings and compare cultures through perspectives, products and practices of those cultures; 4.10(2)(c) identify the linguistic elements of the target language system needed to communicate in a variety of settings; 4.10(2)(d) demonstrate an understanding of linguistics and the changing nature of language, and compare language systems; 4.10(2)(e) identify distinctive viewpoints in the literary texts, films, art works and documents from a range of disciplines available only through the target language; and 4.10(2)(f) demonstrate an understanding of texts on literary and cultural themes as well as interdisciplinary topics. 4.10(3) Language acquisition: A competent world languages teacher understands second language acquisition theories and their applications to teaching methodologies, and is able to: 4.10(3)(a) apply second language acquisition theories which can be used to help students develop proficiency, increase knowledge and strengthen cognitive skills; 4.10(3)(b) articulate curriculum and instruction to ensure a sequence of ageappropriate learning experiences, progressing from a simple to a more advanced use of the language; and 4.10(3)(c) understand the proficiency range levels as defined by the American Council on the Teaching of Foreign Languages. 4.10(4) Diversity of learners: A competent world languages teacher understands how learners differ in their knowledge, experiences, abilities and approaches to language learning; creates interactive, engaging and supportive learning environments that encourage student self-motivation and promote their language learning and understanding; and is able to: 4.10(4)(a) demonstrate an understanding of child and adolescent development to create a supportive learning environment for each student; 4.10(4)(b) create an inclusive, caring, challenging and stimulating differentiated classroom environment in which meaningful communication in the target language occurs and in which all students learn through active participation; 4.10(4)(c) promote a learning environment that encourages lifelong learning and that goes beyond the classroom to include families and communities; 4.10(4)(d) provide learning experiences that reflect learner diversity; and 4.10(4)(e) use a variety of language-appropriate resources, available technologies and current state world language standards which meet the instructional and linguistic needs of all students and foster critical and creative thinking. 4.10(5) Colorado Academic Standards in world languages in planning and instruction: A competent world languages teacher understands and uses the current Colorado Academic Standards in world languages to make instructional decisions and integrate them into curricular planning, and is able to: 4.10(5)(a) demonstrate an understanding of the Colorado Academic Standards in world languages and use them as a basis for instructional planning; 4.10(5)(b) align K-12 world language curriculum and instruction with the Colorado Academic Standards in world languages and local school district policies; 4.10(5)(c) integrate the Colorado Academic Standards in world languages into their classroom practice; and 4.10(5)(d) use the Colorado Academic Standards in world languages to select and integrate texts including authentic texts, use technology, and adapt and create instructional materials for use in communication. 4.10(6) Assessment of languages and cultures and impact on student learning: A competent world languages teacher designs ongoing assessments using a variety of assessment models to show evidence of K-12 students’ ability to communicate in the instructed language in interpersonal, interpretive and presentational modes; expresses understanding of cultural and literary products, practices and perspectives of the instructed language; and is able to: 4.10(6)(a) design ongoing, authentic performance assessments using a variety of assessment models for all learners; 4.10(6)(b) reflect on and analyze the results of student assessments and adjust instruction accordingly; 4.10(6)(c) use data to inform and strengthen instruction; 4.10(6)(d) interpret the results of student performances to all stakeholders in the community; and 4.10(6)(e) build student responsibility for his/her own learning. 4.10(7) Professional learning and reflection: A competent teacher of world languages engages in ongoing professional learning opportunities to strengthen personal linguistic, cultural and pedagogical competence and promote reflection on practice, and in so doing is able to: 4.10(7)(a) demonstrate an understanding of the value of professional learning and reflection on instructional practice and professional growth; 4.10(7)(b) continually evaluate the effects of personal choices and their impact on student learning; 4.10(7)(c) reflectively evaluate the effect and impact of professional learning choices on instructional practice and student achievement; 4.10(7)(d) demonstrate an understanding of their professional responsibility to keep current with events relevant to the cultures of the target language; 4.10(7)(e) demonstrate an understanding of professional growth opportunities such as membership in professional organizations, accessing professional journals, attending conferences and study and/or travel abroad. 4.10(8) Advocacy: A competent teacher of world languages articulates the role and value of languages and cultures to interact successfully in the global community and is able to: 4.10(8)(a) articulate the role and value of languages and cultures in preparing students to interact in the global community; and 4.10(8)(b) foster relationships with school colleagues, families and agencies in the larger community to support students’ language learning and student achievement. 4.10(9) American Sign Language (ASL). To be endorsed in American Sign Language, an applicant must hold an earned bachelor’s or higher degree from an accepted institution of higher education; have completed an approved teacher preparation program; have completed an approved program for the preparation of American Sign Language teachers including prescribe field experience and student teaching requirements; and have demonstrated the competencies for American Sign Language. 4.10(10) The world language educator shall self-assess the effectiveness of 4.11 Health (Grades K-12) 4.11(1) The health educator is knowledgeable about the content of physical and mental health and is able to incorporate the following into the various aspects of health instruction and delivery, with recognition of the cultural, societal and familial sensitivity necessary to handle often controversial subject matter with students of differing personal characteristics and circumstances, backgrounds and developmental stages: 4.11(1)(a) information about ecology and its interaction with society as related, but not limited to, studies in such fields as the biological and behavioral sciences; 4.11(1)(b) bases for students to make informed and healthy life choices about current and continuing health issues of individuals in a society including, but not limited to: physical, emotional and social health; alcohol, tobacco and other controlled substances; prescription medication; wellness, nutrition and exercise; disease prevention and control; and communicable and non-communicable diseases; 4.11(1)(c) information on individual rights, options and responsibilities with regard to health care; and 4.11(1)(d) information about physical and psychological human growth and development, as well as the status of and matters related to individual, self-monitored and family health, as relevant and appropriate to a health curriculum and program and the age and/or grade level of students. 4.11(2) The health educator is knowledgeable about evaluation and identification of criteria for evaluation and is able to articulate effectively to students regarding the use of valid and reliable health information and resources including, but not limited to: 4.11(2)(a) consumer health; public and school health care programs; informed selection of health products and services; consumer protection agencies and other related resources; health wellness choices -- with recognition given to cultural considerations and style of life – fallacies and superstitions; health insurance and plans; health care systems; health care-related technology; and accurate information-technology and other informational sources; and 4.11(2)(b) identification of emerging health problems and issues in general, and specifics related to urban, suburban and rural areas. 4.11(3) The health educator is knowledgeable about and is able to effectively articulate to students the dynamics of accidents and how to create conditions conducive to safe living. 4.11(4) The health educator is knowledgeable about and able to effectively promote health and health care careers to students. 4.11(5) The health educator must be able to effectively integrate into instruction the following skills: collaboration, critical thinking and reasoning, information literacy, self-direction and invention. 4.11(6) The health educator shall self-assess the effectiveness of instruction 4.12 Family and Consumer Sciences (Grades 6-12) 4.12(1) The family and consumer sciences educator must have extensive preparation in family and consumer sciences and be knowledgeable about and able to effectively instruct students regarding the following content areas: 4.12(1)(a) human development and parenting including, but not limited to: 4.12(1)(a)(i) theories, principles and sequences of human development – prenatal through late adulthood – and family structures and functions, as they influence, support and/or inhibit human 4.12(1)(a)(ii) the family as the basis of a strong society including, but not limited to, the historical and cultural elements of family structures; what is essential for a healthy marriage (i.e., commitment and determination to build a long-lasting relationship); role expectations; nuclear and extended family interactions; and universal core values (e.g., caring, responsibility, respect, trust, relationships, et.al.); 4.12(1)(a)(iii) cultural and individual community differences; social issues; ethical conduct; and legal rights, obligations and responsibilities; 4.12(1)(a)(iv) selection of a spouse and development of a parenting partnership; 4.12(1)(a)(v) developmentally appropriate parenting skills including, but not limited to nurturing, intellectual and creative stimulation; health, nutrition and exercise; safety and constructive discipline of children; 4.12(1)(a)(vi) strategies for balancing work and family life including, but not limited to time and financial management and criteria for evaluating family support services (e.g., child and elder care). 4.12(1)(b) nutrition and foods including, but not limited to: 4.12(1)(b)(i) food chemistry, preparation, packaging, food allergies, the global market and biotechnology; 4.12(1)(b)(ii) dietary elements and determination of adequacy; sources and functions of nutrients; criteria for making appropriate nutritional, fitness/exercise and and health and nutrition-related issues, conditions and diseases; 4.12(1)(b)(iii) food safety, personal hygiene and safety practices/standards according to industry standards, including official and/or accepted industry hygiene standards; and 4.12(1)(b)(iv) use of cooking tools and equipment; methods and terminology; use and conversion of recipes; incorporation of research, preparation, product and general technology; evaluation, use and preparation of convenience foods; and the basic skills of food preparation, balance, portion control and presentation. 4.12(1)(c) resource management including, but not limited to: 4.12(1)(c)(i) personal finance management principles and skills of the various life stages, such as budgeting, banking, saving and investment, credit (its use and misuse), insurance, taxes, estate planning and consideration of the effect of legislation, public policy and economic conditions on personal financial choices; 4.12(1)(c)(ii) consumer market skills such as rights and responsibilities, laws and public policy, comparative shopping, evaluation of advertising claims and consumer complaints, resources and options; 4.12(1)(c)(iii) consumer resource management skills such as values and goals, community resources, sound criteria for decision-making and information, technology and human resources; 4.12(1)(c)(iv) the active role consumers can play in business and public decision- making and policy-formation with regard to housing, clothing, transportation, energy conservation, environmental issues, etc.; 4.12(1)(c)(v) the principles and elements of design as applied to clothing and the housing environment and the consideration and selection of clothing and housing, as based on historical, psychological, physical, social and cultural needs in accordance with personal preference; and 4.12(1)(c)(vi) selection, use, care and disposal of fibers, fabrics and finishes as specifically applied to clothing and to the housing 4.12(1)(d) interpersonal relationships including, but not limited to: 4.12(1)(d)(i) individual self-concept, wellness and responsible decisionmaking related to personal choices throughout various life stages in areas such as substance abuse, sexuality, violence and conflict resolution; 4.12(1)(d)(ii) personal goal-setting and decision-making; work ethic; communication, leadership, teamwork and negotiations skills; and coping strategies to handle and manage peer pressure, change and crisis situations; and 4.12(1)(d)(iii) cultural and style of life choices, social issues, and legal and ethical rights and responsibilities in a variety of lifeaffecting situations. 4.12(2) The family and consumer sciences educator is able to: 4.12(2)(a) use a variety of applicable assessment strategies to determine the learning needs, comprehension and levels of experience of participating 4.12(2)(b) design programs and activities for students that incorporate core and other academic skills and abilities with career/technical content to provide students relevant and current information about the key issues, concepts, competencies and skills necessary for personal application by the student and/or for work/employment in a specific industry; 4.12(2)(c) instruct students about employment basics and employability skills, family and consumer studies career pathways and qualities necessary to function in the workplace; 4.12(2)(d) inform students about careers in family and consumer sciences professions and related fields, such as service-oriented industries, and about the role professional organizations play in the field; 4.12(2)(e) evaluate, purchase and maintain an inventory of appropriate equipment, technology, materials and products; 4.12(2)(f) demonstrate for and instruct students about necessary safety practices and procedures; 4.12(2)(g) demonstrate for and instruct students in the proper identification, storage, handling, use and disposal of food; 4.12(2)(h) articulate to students a well-founded philosophy regarding career and technical education to keep students aware of current issues in the field and present relevant and appropriate issues with clarity and without bias; and 4.12(2)(i) arrange for and supervise relevant and appropriate experiences and opportunities in simulated or real-world environments to help students base their decision-making on first-hand knowledge and sound criteria, by providing: 4.12(2)(i)(i) coordination for cooperative/internship programs and off-site experiences for students by maintaining business/industry/inter-and intra-school partnerships and/or other community and school district contacts; 4.12(2)(i)(ii) students with a wide variety of opportunities to gain experience with and be able to exercise initiative in applying the skills and abilities required in family and consumer sciences, and to earn awards and recognition, through participation in student vocational and/or community service organizations; and 4.12(2)(i)(iii) supervision of students during community service, travel, conferences and related instructional family and consumer sciences activities. 4.12(3) The family and consumer sciences educator is able to demonstrate the value of family and consumer sciences professions by seeking professional development and by remaining current in the field and participating in appropriate 4.12(4) The family and consumer sciences educator is able to develop additional resources, as appropriate and necessary, from and within the community and the school itself. 4.12(5) The family and consumer sciences educator shall self-assess the effectiveness of instruction based on the achievement of students and pursue 4.13 Technology Education (Grades 6-12) 4.13(1) Knowledge: The beginning technology educator must have: 4.13(1)(a) a basic understanding of the history of technology education and the historical development and trends of technology and technology 4.13(1)(b) extensive preparation in technology systems and processes and demonstrate applied knowledge with respect to the following areas: 4.13(1)(b)(i) communication/information including verbal, written, graphic and electronic components; 4.13(1)(b)(ii) transportation including power, energy and mechanical systems; and 4.13(1)(b)(iii) production including construction, manufacturing, authoring, design and prototyping; 4.13(1)(c) additional preparation and demonstrated applied knowledge in the natural physical sciences, including environmental science, as used in technological systems and processes; 4.13(1)(d) additional preparation and demonstrated applied knowledge in mathematics as used in technological systems and processes; 4.13(1)(e) extensive preparation in the principles of contextual learning methodology; 4.13(1)(f) a knowledge and understanding of workforce preparation documents and employability skills and standards; 4.13(1)(g) a basic understanding of the principles of high-productivity organizations from business and industry; 4.13(1)(h) a basic understanding of the economic, political and legal consequences inherent within the application of technological systems and processes to our society; 4.13(1)(i) extensive preparation in application of the various tools accessible by students to facilitate improved self-learning; 4.13(1)(j) a basic understanding of the methodologies of research into projected developments and applications of emerging technologies; 4.13(1)(k) an understanding of good questioning skills and techniques to be used with students and peers to collect, organize and interpret information; and 4.13(1)(l) the knowledge and understanding to organize and manage a student organization. 4.13(2) Performance: The beginning technology educator is able to: 4.13(2)(a) manage all student work areas in a safe and prudent manner and guide students in the safe use of tools, systems and processes in schoolbased and work-based learning sites; 4.13(2)(b) guide students to become knowledgeable in: 4.13(2)(b)(i) the application of academic concepts from math, science and communications as they apply to technological systems and processes; 4.13(2)(b)(ii) the allocation of resources such as time, money, materials, facilities and human resources; 4.13(2)(b)(iii) the acquisition, evaluation, organization, interpretation and communication of information related to technological systems and processes: 4.13(2)(b)(iv) the selection and application of technology appropriate to tasks; 4.13(2)(b)(v) the maintenance of systems of information, technology and records; and 4.13(2)(b)(vi) the application of relevant conflict resolution techniques as applied to the workplace; 4.13(2)(c) work as a team member in conjunction with academic and other occupational educators to develop systems that support learning across curricular disciplines; 4.13(2)(d) demonstrate competency in the management of equipment, materials, supplies and people; 4.13(2)(e) demonstrate good questioning skills and techniques to be used with students and peers to collect, organize and interpret information; 4.13(2)(f) employ interpersonal and organizational skills to develop an ongoing working relationship with community business and industry partners; 4.13(2)(g) communicate the possible career pathways for students entering an occupation in the communications, transportation, architecture, construction, manufacturing and environmental areas; 4.13(2)(h) guide students in the use of communication technologies to research occupational clusters occupational opportunities; 4.13(2)(i) guide students to develop problem-solving techniques or adopt problem-solving techniques from other sources; 4.13(2)(j) demonstrate the proper use of tools, systems and processes appropriate to the course content with respect to the acceptable standards of business and industry; 4.13(2)(k) construct individual and cooperative learning experiences which integrate school- based and work-based learning for students utilizing student-centered approaches; and 4.13(2)(l) reinforce the academic concepts by demonstrating their practical applications. 4.13(3) The technology educator shall self-assess the effectiveness of instruction 4.14 Mathematics (Grades 6-12) 4.14(1) Develop in students an understanding and use of: 4.14(1)(a) number sense, properties and operations; 4.14(1)(b) patterns, functions and algebraic structures; 4.14(1)(c) measurement; 4.14(1)(d) data analysis, statistics and probability; 4.14(1)(e) functions and use of variables; and 4.14(1)(f) shape, dimension and geometric relationships. 4.14(2) The mathematics educator is able to effectively demonstrate to students and instruct: 4.14(2)(a) approaches to problem-solving that utilize mathematical content in identifying, analyzing, formulating and solving problems that occur in mathematical processes and everyday situations; 4.14(2)(b) the utilization of mathematical ideas, both verbally and in writing, using both everyday language and mathematical terminology; 4.14(2)(c) the utilization of verbal and written discourse, between teacher and students and among students, to develop and extend students' mathematical understanding; 4.14(2)(d) the construction and evaluation of mathematical conjectures and arguments to validate one's own mathematical thinking; 4.14(2)(e) independent study in mathematics; 4.14(2)(f) the use of mathematics in studying patterns and relationships; and 4.14(2)(g) the interrelationships within mathematics; how to connect concrete, pictorial and abstract representations; and the connections between mathematics and other disciplines and real-world situations through the selection of appropriate applications from such fields as natural sciences, social sciences, business and engineering, and is able to: 4.14(2)(g)(i) utilize a wide variety of resource materials, including, but not limited to, manipulative materials, graphing calculators, computers and other technologies as tools in learning and for the application(s) of mathematics; 4.14(2)(g)(ii) utilize assessment data to monitor students' acquisition of mathematical skills and abilities and in the process of determining appropriate delivery of instruction based on identified student need and to select appropriate mathematical tasks to reinforce and promote students' development of mathematical concepts and skills; 4.14(2)(g)(iii) create an engaging and effective environment in which all students develop mathematically in order to participate more fully in a technologically based society; 4.14(2)(g)(iv) create an environment in which reflection, uncertainty and inquiry are incorporated in the learning of mathematical skills, abilities and concepts; and 4.14(2)(g)(v) apply appropriate knowledge of current research in the teaching and learning of mathematics and incorporate national, state and local guidelines related to mathematics instruction. 4.14(3) The mathematics teacher is knowledgeable about the curriculum and planning and trained in evidence-informed practices in mathematics, including identifying and utilizing acceleration and intervention strategies to help students who are below grade level or struggling in mathematics, children with disabilities, gifted students and students who are English language learners. 4.14(4) The mathematics educator shall consistently seek out professional development in the field of mathematics, which can provide enhanced knowledge, skills and abilities in the content area and participate in professional organizations appropriate and relevant to the field. 4.15 Music (Grades K-12) 4.15(1) The music educator is knowledgeable about the content and creative processes of music and is able to: 4.15(1)(a) teach the historical and cultural context of music including, but not limited to, global musical styles, techniques and traditions over time and acknowledging music in society as creative, expressive, communicable and social; 4.15(1)(b) use a variety of approaches to critically analyze, observe and critique a variety of styles, genres, aesthetics and technical aspects of music; 4.15(1)(c) develop music literacy in students, demonstrating ways to read, write and communicate using the language of music; 4.15(1)(d) provide informed demonstration and identification of a variety of techniques and styles of music with confidence, expression, accuracy and intent; and 4.15(1)(e) use a variety of approaches to teach students to design, write, problem-solve and innovate to find their own unique musical voice. 4.15(2) The music educator is able to instruct about, effectively demonstrate and provide experiences for students in various areas of music pedagogical theory and practice including, but not limited to: 4.15(2)(a) determining and interpreting meaning in musical works; 4.15(2)(b) methods of teaching music to students, as age and grade appropriate, and to other educators, regarding the direction and selection of musical repertoire; communication of ideas through music; distinguishing musical forms and styles; creation of a variety of musical works; employing skills related to musical performances; evaluation of musical works and relating music to diverse cultures; 4.15(2)(c) knowledge and method of how music relates, informs, connects and transfers to other subjects and disciplines; and 4.15(2)(d) knowledge and the ability to envision and implement the creative cyclical process, including applying and demonstrating a variety of music theory skills, creating musical works; expressing music in a performance setting; and critiquing, evaluating and refining musical works. 4.15(3) The music educator shall be knowledgeable about and be able to facilitate students’ learning in order to develop critical-thinking and reasoning skills, information literacy, collaboration, self-direction and invention skills for lifelong learning about music including the personal pursuit of further experience in music. 4.15(4) The music educator shall self-assess and act upon feedback regarding the effectiveness of instruction based on the achievement of students and pursue 4.16 Physical Education (Grades K-12) 4.16(1) The physical education educator is knowledgeable about physical education and is able to effectively: 4.16(1)(a) articulate to students, other educators and interested stakeholders the socio-cultural, philosophical and psychological foundations of physical education, including the history of physical education, and the benefits of physical education and physical activity; 4.16(1)(b) describe and apply the physical and biological science foundations of physical education including, but not limited to, such areas as human anatomy, exercise physiology, kinesiology, nutrition and health; and 4.16(1)(c) instruct students about the fundamentals of physical movement including movement concepts, individual and team activities, physical fitness and perceptual motor activities. 4.16(2) The physical education educator is knowledgeable about and able to demonstrate and effectively instruct K-12 students at appropriate age, grade, and ability levels using developmentally appropriate tasks and progressions, including but not limited to teaching rules and techniques about: 4.16(2)(a) locomotor, non-locomotor, manipulative skills and movements (e.g., jumping and landing, striking, kicking) in non-dynamic and dynamic practice, tasks and environments; 4.16(2)(b) movement sequences in a variety of practice tasks and small-sided games; activity-specific movement skills in lifetime, individual, dual, and team sports/activities (e.g., soccer, basketball, tennis, golf), recreational games, outdoor pursuits, dance, fitness training, skill-related fitness and health-related fitness; and 4.16(2)(c) student wellness through a whole child approach that supports physical, social and emotional wellness. 4.16(3) The physical education educator is knowledgeable about and able to demonstrate the organization, planning, administering, teaching and evaluating of a program of health and physical education including, but not limited to: 4.16(3)(a) the ability to adjust activities that build physical skills and knowledge for students with disabilities, ensuring inclusivity and equal participation through tailored instruction, and a supportive atmosphere; 4.16(3)(a)(i) collaborating with other professionals and utilizing appropriate resources to facilitate the integration of students with disabilities into physical education programs. 4.16(3)(b) the use of effective health education pedagogy to plan and implement age appropriate, culturally relevant, inclusive and effective skills-based health education lessons integrated into a physical education setting and in a classroom setting; 4.16(3)(c) the ability to assess students holistically, including aspects of cognitive, affective and psychomotor domains through effective student assessments to ensure a comprehensive evaluation that promotes lifelong habits and skill development; and 4.16(3)(d) knowledge of emergency protocols and procedures such as what to do in the event of an accident or injury and how to effectively notify and work with other school staff, such as school nurses. 4.16(4) The physical education educator provides students with motivation and encouragement through best practices to establish attitudes and behaviors and to pursue activities which will result in lifetime fitness. 4.16(5) The physical education educator is knowledgeable about and able to effectively integrated into instruction the following essential skills: collaboration, critical thinking and reasoning, information literacy, self-direction and invention. 4.16(6) The physical education educator shall self-assess and engage in a reflective teaching and learning practice to foster student learning and engagement (e.g., self-assessment, professional development, workshops, and professional organizations). 4.17 Science (Grades 6-12) 4.17(1) The science educator is knowledgeable about the content, concepts and skills of the sciences and is able to effectively facilitate student learning regarding physical, life and earth sciences and applicable mathematics. 4.17(2) The science educator must have completed an area or areas of concentration in, demonstrate knowledge of, and effectively instruct students about one or more areas selected from: 4.17(2)(a) general science, general chemistry, physics, biology, earth and space science environmental science and applicable mathematics; and 4.17(2)(b) physics including, but not limited to, general and experimental physics, mechanics, electricity, magnetism, quantum and atomic physics, sound, and optics; 4.17(2)(c) chemistry including, but not limited to, general chemistry, organic chemistry, inorganic chemistry, analytical chemistry and physical chemistry; 4.17(2)(d) biology including, but not limited to, general biology, environmental biology, biotechnology, genetics, evolution, human anatomy, ecology, molecular biology, and matter and energy in living systems; or 4.17(2)(e) earth and space science including, but not limited to, historical and physical geology, astronomy, environmental science, meteorology, oceanography, geomorphology, stratigraphy, mineralogy and earth systems. 4.17(3) The science educator is knowledgeable about pedagogy and is able to effectively: 4.17(3)(a) model for and instruct students about the basic elements of the nature of science including, but not limited to, inquiry, curiosity, discovery, openness to new ideas and skepticism; 4.17(3)(b) engage students in discourse and discussion around current issues and events affecting or affected by science; age-/grade-appropriate topics from multiple science perspectives, including historical, dynamic and philosophical bases; and an analytical approach to students with clarity and without bias; 4.17(3)(c) model and instruct students on the use of a wide variety of science tools, including primary and secondary source materials (graphics, tables, digital resources), deciphering credible digital information, guiding responsible use of technology and artificial intelligence; 4.17(3)(d) instruct and engage students in core scientific practices which include, but are not limited to, asking questions and defining problems; analyzing and interpreting data; engaging in argument from evidence; constructing explanations and designing solutions; developing and using models; planning and carrying out investigations; obtaining, evaluating, and communicating information; and using mathematics and computational thinking; 4.17(3)(e) purposely select technology to assess student learning, obtain and analyze student data, and adapt instruction based on learning needs; 4.17(3)(f) instruct students about the interconnected nature of science as it is practiced and experienced in the real world, including the connections between and among the science domains/disciplinary core ideas and within other content areas (social studies, math, English language arts, visual arts, etc.); 4.17(3)(g) demonstrate for and instruct students in the linkage(s) between curriculum, instruction and assessment, including the connection between an inquiry-based lesson and a large conceptual-based module and how they relate to state-approved student science academic standards; 4.17(3)(h) model for and instruct students about safety considerations in science instruction and in the science classroom including, but not limited to, proper use, storage and disposal or maintenance of biological, chemical and scientific equipment and specimens; 4.17(3)(i) instruct and supervise students in the proper preparation and use of laboratory equipment and materials; 4.17(3)(j) identify and manage the resolution of potential safety hazards in laboratory settings, equipment, materials and procedures; 4.17(3)(k) provide solutions to equipment problems and be able to make minor adjustments in the operation of equipment; and 4.17(3)(l) maintain awareness of and preparedness to advocate for current state and federal regulations, legal issues and guidelines pertaining to scientific materials and specimens. 4.17(4) The science educator shall self-assess the effectiveness of instruction based on the achievement of students to align ongoing professional development through appropriate activities, coursework and participation in relevant 4.18 Social Studies (Grades 6-12) 4.18(1) The social studies educator is knowledgeable about social studies including history, geography, political science and economics, and is able to effectively instruct students about: 4.18(1)(a) history including, but not limited to, Colorado, the United States and world history; 4.18(1)(b) geography including, but not limited to, cultural and physical geography, human geography and globalization; 4.18(1)(c) political science including, but not limited to, that of the United States and comparative state, local and other national governments; 4.18(1)(d) economics including, but not limited to, that of comparative economic theories, applications and institutions, past and present; micro-, macro-and global economics; and personal financial literacy; and 4.18(1)(e) the behavioral and social sciences including, but not limited to, psychology, sociology, anthropology and concepts related and integral to the historical and current organization of culture and society. 4.18(2) The social studies educator is knowledgeable about and is able to: 4.18(2)(a) effectively demonstrate and instruct students about civil discourse in the classroom, including the utilization of oral and written communication and presentation; 4.18(2)(b) effectively analyze social and historical events from multiple perspectives for students and articulate an appropriate analytical approach with clarity and balance and without bias; 4.18(2)(c) effectively integrate discussion of and address with students grade level/age- appropriate current events and issues, including controversial issues, with clarity and balance and without bias; 4.18(2)(d) effectively instruct students about the use of primary and secondary source documents acquired through appropriate use of technology and other relevant means as part of informed research, and in the acquisition and enhancement of knowledge and skills; 4.18(2)(e) effectively teach students the skills of data analysis and interpretation; 4.18(2)(f) promote to students appropriate, relevant, positive and productive community service and experiences; 4.18(2)(g) provide students with identifiable connections between the various social science disciplines and other disciplines; 4.18(2)(h) implement informal and formal assessment tools relevant and appropriate to the social studies classroom, and apply assessment data to planning for student instruction; 4.18(2)(i) effectively demonstrate and instruct students about elements of social studies applications including, but not limited to, inquiry, an openness to new ideas, skepticism, analysis, problem-solving, decisionmaking and active citizenship, and provide opportunities for students to utilize these skills; and 4.18(2)(j) integrate into instruction and provide opportunities for students to develop the skills of collaboration, critical-thinking and reasoning, information literacy, self-direction and invention. 4.18(3) The social studies educator shall self-assess the effectiveness of 4.19 Reserved 4.20 Dance (Grades K-12) 4.20(1) The dance educator is knowledgeable about the art of dance and is able 4.20(1)(a) teach the historical and cultural context including, but not limited to, global dance styles and traditions over time, acknowledging dance in society as creative, expressive, communicable and social; 4.20(1)(b) instruct students to use criticism and analysis to reflect upon and understand new works, reconstructions and masterpieces; 4.20(1)(c) apply the skillful use of dance literacy and the use of traditional and/or non- traditional notation systems via words, symbols and/or media technology; 4.20(1)(d) implement the choreographic process as the art of making dance using form, intent, dynamics and principles of time, space and energy, structure and design; and 4.20(1)(e) help students develop the skills and technique that produce competence and confidence during performance, and the ability to communicate choreographic intent. 4.20(2) The dance educator is knowledgeable about and is able to instruct, effectively demonstrate and provide experiences for students in various areas of dance pedagogical theory and practice including, but not limited to: 4.20(2)(a) dance theory aligned with safe and developmentally appropriate pedagogical approaches; 4.20(2)(b) methods of teaching dance to students, as age and grade appropriate, and to other educators as related, but not limited to, the creative process; direction and selection of all performance repertoire and productions in the school setting; and performance, evaluation, choreography, and cultural and historical context; 4.20(2)(c) knowledge and method of how dance relates, informs, connects and transfers to other subjects and disciplines; and 4.20(2)(d) knowledge and the ability to envision and implement the creative cyclical process, including the skills of movement, technique and performance; the ability to create, compose, and choreograph; an understanding of historical and cultural context, and the ability to reflect, connect and respond. 4.20(3) The dance educator shall facilitate students’ learning in order to develop critical-thinking and reasoning skills, information literacy, collaboration, selfdirection and invention skills for lifelong learning about dance including the physical benefits and personal pursuit of further experience in dance. 4.20(4) The dance educator shall self-assess and act upon feedback regarding the effectiveness of instruction based on the achievement of students and pursue 4.21 Culturally and Linguistically Diverse Education (Grades K-12) 4.21(1) The educator of CLD student populations must be knowledgeable about, understand and be able to use the major theories, concepts and research related to language acquisition and language development for CLD students. In support of student learning, the candidate must demonstrate understanding and ability to implement research-based knowledge about: 4.21(1)(a) linguistics that include orthography, phonology, morphology, vocabulary, syntax, semantics and pragmatics applied to English language development for culturally and linguistically diverse students; 4.21(1)(b) instructional practices that support acquisition of English language as an additional language for CLD students; 4.21(1)(c) written and oral discourse that includes intention and functions of speech, genres and organizational features and patterns; and 4.21(1)(d) sociolinguistics that include cultural references, register, varieties of dialects and accents, and nonverbal communication. 4.21(2) The educator of CLD student populations must be knowledgeable about, understand and be able to apply the major theories, concepts and research related to research-based literacy development for CLD students. In support of student learning, the CLD educator must demonstrate understanding and ability to implement research-based knowledge about: 4.21(2)(a) research-based literacy instruction including the identification and use of linguistic interdependence to support development of the components of language development (listening, speaking, reading, writing and critical-thinking) in English for CLD students; 4.21(2)(b) the basic elements of research-based literacy and the ability to provide effective instruction that is systematic, explicit, comprehensive and effective in support of the English language developmental needs of CLD 4.21(2)(c) language and literacy development for CLD students for social and instructional purposes in the school setting, with an emphasis on communication of information, ideas and concepts necessary for academic success, particularly in language arts, mathematics, science and social studies; 4.21(2)(d) the contribution of native language to acquisition of English as an additional language; and 4.21(2)(e) the distinction between language differences and learning disabilities. 4.21(3) The educator of CLD student populations must understand and implement strategies and select materials to aid English language and content learning. In support of student learning, the CLD educator must demonstrate understanding of and the ability to implement research-based knowledge about: 4.21(3)(a) the functions of the English language to second language learners to support their development of both social and academic language skills; 4.21(3)(b) effective instructional techniques, methodologies and strategies to develop English language literacy and to meet the diverse needs of second language learners, including those students with learning disorders; 4.21(3)(c) effective instruction and instructional planning that is systemic, sequential, well- articulated and delivered in an engaging environment; 4.21(3)(d) selection and utilization of instructional materials and resources that are age-, grade level- and language proficiency-appropriate, that are aligned with the curriculum, English language proficiency standards and English language arts content standards, and that maintain and/or improve student achievement; 4.21(3)(e) maintenance and support of high academic performance standards and expectations for CLD student populations; and 4.21(3)(f) providing instructional strategies that integrate the development of English language literacy and content literacy to improve student access to content curricula, particularly in language arts, mathematics, science and social studies. 4.21(4) The educator of CLD student populations must be knowledgeable about, understand and be able to apply the major theories, concepts and research related to culture, diversity and equity in order to support academic access and opportunity for CLD student populations. In support of student learning, the CLD educator must be able to demonstrate knowledge and understanding of: 4.21(4)(a) Colorado state law and federal law, history and socio-political context related to CLD student populations, education, multicultural education and bilingual education; 4.21(4)(b) the role of culture in language development and academic success; 4.21(4)(c) the relation of cultural identity and heritage language to English language learning and academic success; 4.21(4)(d) the contribution of heritage language maintenance to the development of English language literacy; and 4.21(4)(e) the relationship of culture to family and community involvement in schools in order to communicate, collaborate and enhance parental involvement. 4.21(5) The educator of CLD student populations must be knowledgeable about, understand and be able to use progress monitoring in conjunction with formative and summative assessments to support student learning. In support of student learning, the candidate must demonstrate knowledge and ability to: 4.21(5)(a) assist content teachers in the interpretation of summative assessments of content knowledge, including national content assessments and Colorado-approved content assessments, for the

purpose of guiding instruction and learning for CLD students; 4.21(5)(b) administer and interpret the results of summative assessments of English language proficiency, including national and Colorado-approved content assessments for the purpose of assessing English proficiency and guiding instruction; 4.21(5)(c) develop, administer and interpret the results of formative assessments and progress monitoring of English language proficiency that are appropriate for the language proficiency level of the student for the

purpose of guiding instruction; and 4.21(5)(d) communicate and collaborate with other educators, special services providers and student population family members to identify and assist in the implementation of a comprehensive instructional plan that responds to the socio-economic, academic and linguistic needs of CLD students. 4.21(6) The culturally and linguistically diverse education educator shall selfassess the effectiveness of instruction based on the achievement of students and pursue continuous professional development through appropriate activities, coursework and participation in relevant professional organizations. 4.22 Culturally and Linguistically Diverse (CLD) Bilingual Education Specialist (Grades K-12) 4.22(1) The CLD bilingual education specialist must be knowledgeable about and able to demonstrate: 4.22(1)(a) a high level of proficiency in the standards noted in rule 4.22(1)-(5); 4.22(1)(b) ability to implement research-based knowledge to effectively deliver literacy and content instruction in a heritage language of a current Colorado student population; 4.22(1)(c) research-based knowledge and ability to utilize students’ heritage language to help them transition skills and strategies learned in the heritage language to literacy and content areas in English; 4.22(1)(d) demonstrate the research-based knowledge and ability to plan and implement lessons to help students make cross-language connections; 4.22(1)(e) a high level of biliteracy and academic language proficiency in English and in one other heritage language used by Colorado students – as determined by the Department -- including, but not limited to, reading, writing, listening, oral communication and critical thinking; 4.22(1)(f) understanding and ability to implement research-based knowledge to discriminate between effective and ineffective bilingual programs in order to develop and deliver effective research-informed structures and programs that support bilingual development; 4.22(1)(g) proficiency and ability to teach in a non-English language; and 4.22(1)(h) understanding of research-based knowledge of the culture and

history of a heritage language community of Colorado students. 4.22(2) The culturally and linguistically diverse education bilingual specialist shall self-assess the effectiveness of instruction based on the achievement of students and pursue continuous professional development through appropriate activities, coursework and participation in relevant professional organizations. 4.23 Middle School Mathematics (Grades 6-8) 4.23(1) Develop in students an understanding and use of: 4.23(1)(a) number and quantity; 4.23(1)(b) algebra and functions; 4.23(1)(c) measurement; 4.23(1)(d) data, statistics, and probability; and 4.23(1)(e) geometry. 4.23(2) The mathematics educator is knowledgeable about and is able to effectively demonstrate to students and instruct: 4.23(2)(a) approaches to problem-solving that utilize mathematical content in identifying, analyzing, formulating and solving problems that occur in mathematical processes and everyday situations; 4.23(2)(b) the utilization of mathematical ideas, both verbally and in writing, using both everyday language and mathematical terminology; 4.23(2)(c) the utilization of verbal and written discourse, between teacher and students and among students, to develop and extend students' mathematical understanding; 4.23(2)(d) the construction and evaluation of mathematical conjectures and arguments to validate one's own mathematical thinking; 4.23(2)(e) independent study in mathematics; 4.23(2)(f) the use of mathematics in studying patterns and relationships; and 4.23(2)(g) the interrelationships within mathematics; how to connect concrete, pictorial and abstract representations; and the connections between mathematics and other disciplines and real-world situations through the selection of appropriate applications from such fields as natural sciences, social sciences, business and engineering, and is able to: 4.23(2)(g)(i) utilize a wide variety of resource materials, including, but not limited to, manipulative materials, graphing calculators, computers and other technologies as tools in learning and for the application(s) of mathematics; 4.23(2)(g)(ii) utilize assessment data to monitor students' acquisition of mathematical skills and abilities and in the process of determining appropriate delivery of instruction based on identified student need and to select appropriate mathematical tasks to reinforce and promote students' development of mathematical concepts and skills; 4.23(2)(g)(iii) create an engaging and effective environment in which all students develop mathematically in order to participate more fully in a technologically based society; 4.23(2)(g)(iv) create an environment in which reflection, uncertainty and inquiry are incorporated in the learning of mathematics skills, abilities and concepts; and 4.23(2)(g)(v) apply appropriate knowledge of current research in the teaching and learning of mathematics and incorporate national, state and local guidelines related to mathematics instruction. 4.23(3) The middle school mathematics teacher is knowledgeable about curriculum and planning and trained in evidence-informed practices in mathematics, including identifying and utilizing acceleration and intervention strategies to help students who are below grade level or struggling in mathematics, children with disabilities, gifted students and students who are English language learners. 4.23(4) The mathematics educator shall consistently seek out professional development in the field of mathematics, which can provide enhanced knowledge, skills and abilities in the content area, and participate in professional organizations appropriate and relevant to the field. 4.24 Mentor Teacher (Grades K-12) 4.24(1) The mentor teacher develops instructional leadership skills to advance mentoring, the teaching profession and equitable outcomes for every student, and: 4.24(1)(a) develops and continuously pursues professional growth goals and short-term goal setting that are informed by mentor and beginning teacher data of practice and student learning data; 4.24(1)(b) collects and analyzes mentor and beginning teacher data of practice to inform instructional mentoring decisions that are based on short-term goals and will improve beginning teacher practice and the academic, social, and emotional learning of every student; 4.24(1)(c) supports the work of collaborative partnerships with school and district instructional leaders, teacher leaders, and school communities to advance the teaching profession and advocate for equitable outcomes for every student; and 4.24(1)(d) participates in and contributes to beginning teacher professional learning that is aligned with professional teaching standards, school and district instructional goals, and promotes development of optimal learning environments and rigorous content learning for every student. 4.24(2) The mentor teacher deepens and maintains expertise around the practices that maximize student achievement including deep content knowledge, social and emotional learning, learner variability, culturally responsive pedagogy and professional ethics, and: 4.24(2)(a) deepens and maintains own knowledge of Colorado Academic Standards and evidence outcomes, lessons, and curriculum to ensure that every student has instruction that supports maximum achievement; 4.24(2)(b) deepens and maintains own knowledge of research-based practices that create emotionally, intellectually, and physically safe classroom environments for every student; 4.24(2)(c) engages in district and school-offered professional learning opportunities to deepen and maintain knowledge of strategies and research-based frameworks designed to support the beginning teacher to expect, plan for, and meet the variable learning needs of every student; 4.24(2)(d) deepens and maintains own knowledge of best practices for coaching the beginning teacher in the use of equity principles and culturally responsive pedagogy to identify and address inequitable practices and reflecting on their own practice through an equity lens. 4.24(3) The mentor teacher creates and maintains collaborative, respectful, instructionally focused mentoring partnerships to foster beginning teacher ownership of continuous improvement of practice and advance the learning of every student, and: 4.24(3)(a) cultivates relational trust, caring, mutual respect, and honesty with the beginning teacher to build ownership, solve problems, and foster beginning teacher agency, resilience, and commitment to the success of every student; 4.24(3)(b) uses purposeful language and instructionally focused tools and protocols to efficiently and effectively engage the beginning teacher in collaborative, instructionally focused, problem-solving conversations and reflective analysis to promote beginning teacher agency and improved student academic, social, and emotional growth’ 4.24(3)(c) creates strategic, flexible, and individualized mentoring outcomes and plans for meetings with the beginning teacher to address the needs of diverse beginning teacher contexts and advance beginning teacher practice and the learning of every student; 4.24(3)(d) facilitates reflective conversations about race, culture, and the diversity of the school and community to improve instruction and ensure that every student has what they need to be successful academically, socially, and emotionally; and 4.24(3)(e) utilizes reflective conversations to build the beginning teacher’s capacity to create effective partnerships with families and local communities to improve instruction and learning for students of all backgrounds. 4.24(4) The mentor teacher builds beginning teacher capacity to advance equitable learning by providing rigorous, standards- aligned instruction that meets the needs of every student, and: 4.24(4)(a) advances standards-aligned instruction and student learning of rigorous content by engaging the beginning teacher in ongoing, datadriven teaching-coaching cycles to advance equitable learning for every student; 4.24(4)(b) builds beginning teacher capacity to advance the learning of every student through use of appropriate assessments of student academic, social, and emotional skills; 4.24(4)(c) builds beginning teacher capacity to analyze student learning data to guide the planning and delivery of standards-aligned instruction that meets the variable learning needs of every student; and 4.24(4)(d) builds beginning teacher capacity for continuous improvement through meaningful, ongoing, and actionable feedback that is aligned to the professional growth plan that will be used to inform the beginning teacher’s annual evaluation. 4.24(5) The mentor teacher builds beginning teacher capacity to advance equitable and inclusive learning by providing an environment that is culturally responsive and meets the diverse academic, social and emotional needs of every student, and: 4.24(5)(a) engages beginning teacher in developing and applying researchbased knowledge, skills, and strategies to create emotionally, intellectually, and physically safe learning environments for every student; 4.24(5)(b) builds beginning teacher capacity to advance equitable and inclusive instruction for every student based on applying principles of equity, culturally responsive pedagogy, and professional ethics; 4.24(5)(c) builds beginning teacher capacity to establish and maintain an inclusive classroom environment that fosters self-regulation and learner agency; and 4.24(5)(d) builds beginning teacher capacity to equitably meet the diverse learning needs of every student through the instructional use of technology, including the ability to adapt to contexts in which access to technology is limited. 4.24(6) The mentor teacher completes at least one full school year of successful experience serving as a mentor teacher for a teacher candidate who is participating in clinical practice or for a novice teacher. 4.25 Special Education Generalist (Ages 5-21)

In addition to demonstrating the foundational knowledge and competencies of elementary reading and mathematics found in sections 4.02(5) – 4.02(16) of these rules; 4.25(1) Learner development and individual learning differences: Beginning special education professionals are able to articulate their personal philosophy of special education and understand how exceptionalities may interact with development and learning and use this knowledge to provide meaningful and challenging learning experiences for individuals with exceptionalities; and 4.25(1)(a) understand how language, culture and family background influence the learning of individuals with exceptionalities; 4.25(1)(b) use understanding of development and individual differences to respond to the needs of individuals with exceptionalities and; 4.25(1)(c) are knowledgeable of: 4.25(1)(c)(i) typical and atypical human growth and development; 4.25(1)(c)(ii) similarities, differences and characteristics among individuals with exceptionalities and their typically developing peers, as well as the educational implications of various 4.25(1)(c)(iii) educational implications of characteristics of various 4.25(1)(c)(iv) family systems and the role of families in supporting 54.25(1)(c)(v) cultural perspectives influencing the relationships among families, schools and communities as related to instruction; 4.25(1)(c)(vi) variations in beliefs, traditions and values across and within cultures and their effects on relationships among individuals with exceptionalities, family and the educational process; 4.25(1)(c)(vii) characteristics and influences of the cultural and environmental milieu of the individual with exceptionalities and the family; 4.25(1)(c)(viii) similarities and differences of individuals with and without exceptionalities; 4.25(1)(c)(ix) valid and reliable resources and/or strategies to learn the possible effects of various medications on individuals with 4.25(1)(c)(x) effects of growth and development on academic, social and behavioral milestones; 4.25(1)(c)(xi) impact of learners’ academic and social abilities, attitudes, interests and values on instruction and career 4.25(1)(c)(xii) unique ways of learning practiced by individuals with exceptionalities, including those from culturally and/or linguistically diverse backgrounds and strategies for addressing these differences; and 4.25(1)(c)(xiii) expected ways of behaving and communicating among cultures related to developmental milestones that can lead to misinterpretation and misunderstanding; 4.25(1)(d) demonstrate skills to apply consistent and fair disciplinary practices in the classroom and demonstrate the ability to: 4.25(1)(d)(i) maintain adequate and appropriate data regarding student behavior to determine whether student actions are a manifestation of a disability and/or to address such implication(s) in the expulsion process; 4.25(1)(d)(ii) collect and use student achievement data and incorporate it in the development of individualized education programs (IEPs); 4.25(1)(d)(iii) establish measurable goals, objectives and adaptations based on student need; 4.25(1)(d)(iv) assess and report progress regarding student attainment of annual goals and objectives; and 4.25(1)(d)(v) modify student plans in a timely way based on student data. 4.25(2) Learning environments: Beginning special education professionals create safe, inclusive, culturally responsive learning environments so that individuals with exceptionalities become active and effective learners and develop emotional well-being, positive social interactions and self-determination and: 4.25(2)(a) collaborate with general education and other educational team members to engage individuals with exceptionalities in meaningful learning activities and social interactions within the least restrictive environment for each student and promote meaningful inclusion; 4.25(2)(b) use effective, accessible and age-respectful instructional interventions to teach individuals with exceptionalities how to adapt to different environments; 4.25(2)(c) intervene safely and appropriately with individuals with exceptionalities in crisis; and 4.25(2)(d) are knowledgeable of: 4.25(2)(d)(i) the demands of a variety of learning environments; 4.25(2)(d)(ii) basic classroom management theories and strategies for 4.25(2)(d)(iii) effective management of teaching and learning in a variety of settings; 5.01(2)(d)(iv) verbal and non-verbal adult attitudes and behaviors that influence and/or catalyze the behavior of individuals with exceptionalities; 4.25(2)(d)(v) development and instruction of social skills needed for educational and other environments, such as the workplace, college and the military; 4.25(2)(d)(vi) strategies for crisis prevention and intervention; 4.25(2)(d)(vii) strategies for preparing individuals to live productively in a culturally diverse world; 4.25(2)(d)(viii) ways to create learning environments that allow individuals to retain and appreciate their own and each other’s respective language and cultural heritage; 4.25(2)(d)(ix) ways cultures are negatively stereotyped, as well as implicit and explicit biases that may impact student behavior; and 4.25(2)(d)(x) strategies used by diverse populations to cope with a legacy of former and continuing racism, as well as the implications and impacts of systemic biases on educational outcomes. 4.25(2)(e) Beginning special education professionals demonstrate the skills to: 4.25(2)(e)(i) create a safe, equitable, positive and supportive learning environment in which diversities are valued; 4.25(2)(e)(ii) identify appropriately ambitious and age-respectful expectations for personal and social behavior in various settings; 4.251(2)(e)(iii) identify supports needed for safe and effective inclusion, access and participation in various program placements; 4.25(2)(e)(iv) design learning environments that encourage active participation in individual and group activities; 4.25(2)(e)(v) adapt, as appropriate, the learning environment to promote expected prosocial behaviors; 4.25(2)(e)(vi) use performance data and information from all involved parties to make or suggest adaptations in learning environments; 4.25(2)(e)(vii) establish and maintain rapport with individuals with and without exceptionalities; 4.25(2)(e)(viii) teach developmentally appropriate, age-respectful self-advocacy; 4.25(2)(e)(ix) create an environment that encourages developmentally appropriate, age-respectful self-advocacy and increased independence, characterized by appropriate student behavior, efficient use of time and disciplined student acquisition of knowledge, skills and application thereof through: 4.25(2)(e)(ix)(A) the provision of a safe, productive learning environment that is responsive to the physical, social, cognitive, academic, linguistic, cultural and functional needs of student learners; 4.25(2)(e)(ix)(B) evaluation to determine specific learner affective needs and to match student strengths with appropriate curriculum and instructional delivery strategies in an environment organized to encourage optimal learning; 4.25(2)(3)(ix)(C) matching classroom management and organizational techniques to the needs of groups of students; and 4.25 (2)(e)(ix)(D) effective communication and collaboration with families to link school services and supports to home that focus on addressing cultural, socio- economic and linguistic diversity issues and other life- affecting conditions spanning kindergarten through transition-related learning needs; 4.25(2)(e)(x) use effective and varied behavior management strategies that are positively stated, developmentally appropriate, agerespectful and aligned with student need and that address the function of the behavior; 4.25(2)(e)(xi) use the least intensive behavior intervention strategy consistent with the needs of the individual with exceptionalities; 4.25(2)(e)(xii) design and managing daily routines; 4.25(2)(e)(xiii) organize, develop and sustain learning environments that support positive intra- and intercultural experiences; 4.25(2)(e)(xiv) mediate controversial intercultural issues among individuals with exceptionalities within the learning environment in ways that enhance any culture, group or person; 4.25(2)(e)(xv) provide guidance, structure, coaching and support to para-educators, volunteers and tutors and others on the educational team related to instruction, intervention and direct services to ensure that each student’s IEP is implemented effectively; and 4.25(2)(e)(xvi) use universal precautions for health and safety. 4.25(3) Curricular content knowledge: Beginning special education professionals use knowledge of general and specialized curricula to individualize learning for individuals with exceptionalities. 4.25(3)(a) Beginning special education professionals understand the central concepts, structures of the discipline and tools of inquiry of the content areas they teach, and can organize this knowledge, integrate crossdisciplinary skills and develop meaningful learning progressions for individuals with exceptionalities by: 4.25(3)(a)(i) using general and specialized content knowledge for teaching across curricular content areas to individualize learning for 4.25 (3)(a)(ii) identifying and prioritizing areas of the general curriculum and accommodations for individuals with 4.25(3)(a)(iii) providing accommodations and/or modifications to general and specialized curricula to make them accessible to individuals with exceptionalities; and 4.25(3)(a)(iv) integrating affective, social and life skills with academic curricula. 4.25(3)(e) Beginning special education professionals are aware of the scope and sequences of general and special curricula and are knowledgeable of: 4.25(3)(b)(i) theories and research that form the basis of curriculum development and instructional practice; 4.25(3)(b)(ii) national, state and local curricula standards; and 4.25(3)(b)(iii) technology for planning and managing the teaching and learning environment. 4.25(3)(c) Beginning special education professionals are knowledgeable about: 4.25(3)(c)(i) reading, writing and communicating instruction and are able to collaborate and consult with content-area teachers in developing students’ knowledge and skills in reading and written and oral communication and demonstrate the skills to: 4.25(3)(c)(i)(A) plan and organize reading and writing instruction and interventions informed by a variety of ongoing student assessment and implement methods of intensifying interventions to address challenges in literacy; 4.25(3)(c)(i)(B) use knowledge of typical and atypical language and cognitive development to guide the choice of instructional strategies and interventions in meeting the learning needs of individual students; 4.25(3)(c)(i)(C) develop in students the phonological and linguistic skills related to reading including phonemic awareness, concepts of print, systematic explicit phonics and other word identification strategies to enhance vocabulary development and spelling instruction; 4.25(3)(c)(i)(D) develop reading comprehension skills in students, including comprehension strategies within a variety of genres, literary response and analysis, content area literacy and the promotion of independent reading; 4.25(3)(c)(i)(E) increase oral and written English language arts skills and proficiency of students, including the appropriate and correct use of vocabulary and standard English, punctuation, grammar, sentence structure and spelling, as well as an understanding of the relationships between reading, writing and communicating; 4.25(3)(c)(i)(F) design instruction and interventions based on the unique strengths and needs of students with exceptionalities to assist them in their acquisition of reading, writing and communicating skills; 4.25(3)(c)(i)(G) apply a variety of effective evidence-based specialized instructional strategies and curricular approaches to the teaching of reading and writing skills; and 4.25(3)(c)(i)(H) match appropriate instructional strategies to student needs related to the acquisition of knowledge and skills in required content areas, such as reading, writing and communicating; 4.25(3)(c)(ii) mathematics and mathematics instruction and are able to collaborate and consult with content-area teachers in developing students’ knowledge and skills in the use of number systems, number sense, geometry, measurement, statistics, probability, mathematical functions and the use of variables; and 4.25(3)(c)(iii) general academic content of and basic concepts related to civics, economics, foreign language, geography, history, science, music, visual arts and physical education in order to collaborate with the general classroom teacher to provide the adaptations necessary for students to access and learn the content area. 4.25(3)(d) Beginning special education professionals are able to: 4.25(3)(d)(i) incorporate effective evidence-based strategies and interventions into collaborative roles with other professionals as related to planning for instructional delivery; 4.25(3)(d)(ii) consult and form evaluation teams with other school professionals, families and students to support learners in gaining required access to content aligned with individuals needs outlined in the IEP so that they may achieve the Colorado Academic Standards; and 4.25(3)(d)(iii) ensure instruction is consistent with state academic standards, and school and district priorities and requirements. 4.25(4) Assessment: Beginning special education professionals are knowledgeable about basic terms used in assessment, the use of technology in data-driven assessment, the multiple methods of assessment and data-sources used in making educational decisions, and the legal provisions and ethical principles regarding the assessment of individuals, and demonstrate skills to; 4.25(4)(a) develop individualized assessment strategies, utilize a wide variety of progress monitoring tools and select and use technically sound nonbiased formal and informal assessments; 4.25(4)(b) use measurement principles and practices to interpret assessment results and guide educational decisions for individuals with 4.25(4)(c) collaborate with colleagues and families to use multiple types of assessment information in making decisions about and/or adapting instruction for individuals with exceptionalities; 4.25(4)(d) assess and evaluate the effects that a wide variety of teaching strategies and interventions have on student performance through an examination of student performance and assessment data; 4.25(4)(e) use functional assessment data to design and implement positive behavioral and intervention support systems collaboration with educational team members; 4.25(4)(f) use assessment information in making eligibility, program and placement decisions for individuals with exceptionalities, including those for culturally and/or linguistically diverse backgrounds; 4.25(4)(g) provide assessment results to all interested parties and specific and timely verbal feedback to students to guide and improve their academic performance related to academic standards; and 4.25(4)(h) prepare students for required state assessments and for any other formal and informal assessments of academic achievement. 4.25(5) Instructional planning and strategies: Beginning special education professionals select, adapt and use a repertoire of evidence-based instructional strategies to advance learning of individuals with exceptionalities and demonstrate skills to: 4.25(5)(a) consider an individual’s abilities, interests, learning environments and cultural and linguistic factors in the selection, development and adaptation of instruction and learning experiences for individuals with 4.25(5)(b) use technologies to support instructional assessment, planning and delivery for individuals with exceptionalities; 4.25(5)(c) incorporate validated evidence-based practices for specific characteristics of learners and settings to design short- and long-range instruction and intervention plans aligned to the Colorado Academic Standards; 4.25(5)(d) support students with exceptionalities via augmentative and alternative communication systems and current and assistive technologies for receptive and expressive communication and to meet students’ instructional needs; 4.25(5)(e) use strategies to enhance language development and communication skills of individuals with exceptionalities; 4.25(5)(f) develop and implement a variety of education and transition plans for individuals with exceptionalities across a wide range of settings and different learning experiences in collaboration with individuals, families and teams; 4.25(5)(g) teach to mastery and promote cross-disciplinary knowledge and skills such as critical- thinking and problem-solving to individuals with 4.25(5)(h) support students in their acquisition of technology skills according to needs, levels of learning and requirements for assistive technology; and 4.25(5)(i) develop and implement comprehensive, longitudinal individualized programs in collaboration with the educational team. 4.25(5)(i)(i) involving the student and family in setting instructional goals and monitoring progress; 4.25(5)(i)(ii) using task analysis; 4.25(5)(i)(iii) sequencing, implementing and evaluating individualized learning objectives; 4.25(5)(i)(iv) developing and selecting instructional content, resources and strategies that respond to cultural, linguistic and gender differences; 4.25(5)(i)(v) incorporating and implementing instructional and assistive technology into the educational program; 4.25(5)(i)(vi) preparing lesson plans and organizing materials to implement them; 4.25(5)(i)(vii) using instructional time effectively and making responsive adjustments to instruction based on continual observations; 4.25(5)(i)(viii) using procedures to increase the individual’s selfawareness, self- management, self-control, self-reliance and selfesteem to prepare individuals to exhibit self-enhancing behavior in response to societal attitudes and actions; and 4.25(5)(i)(ix) implementing strategies to facilitate integration into various settings; including strategies that: 4.25(5)(i)(ix)(A) teach individuals to self-assess, problem-solve and use other cognitive strategies to meet their needs; 4.25(5)(i)(ix)(B) facilitate maintenance and generalization of skills across learning environments; 4.25(5)(i)(ix)(C) promote successful transitions for individuals with exceptionalities; and 4.25(5)(i)(ix)(D) facilitate understanding of subject matter for individuals with exceptionalities whose primary language is not the dominant language. 4.25(6) Professional learning and ethical practice: Beginning special education professionals conduct professional activities in compliance with applicable laws and policies, use foundational knowledge of the field and professional ethical principles and practice standards to inform special education practice, are committed to lifelong learning, remaining current in research-validated and evidence-based practices and advancing the profession and demonstrate skills 4.25(6)(a) hold high standards of competence and integrity, exercise sound judgment and demonstrate familiarity with ethical principles in the special education field, , high leverage practices and other standards of the profession; 4.25(6)(b) act ethically in advocacy for appropriate and unbiased identification, assessment, instruction and service delivery; 4.25(6)(c) practice within one’s skill limitations and obtain assistance as needed; 4.25(6)(d) make ethical decisions with regard to unbiased identification, assessment, instructional and service delivery for students in special 4.25(6)(e) conduct self-evaluation of instruction and reflect on one’s practice to improve instruction and guide professional growth; 4.25(6)(f) promote the highest quality-of-life potential of individuals with exceptionalities; and 4.25(6)(g) be sensitive to the culture, language, religion, gender, disability, socio- economic status and sexual orientation of individuals. 4.25(6)(h) Beginning special education professionals understand: 4.25(6)(h)(i) models, theories, philosophies and research methods that form the basis for special education practice; 4.25(6)(h)(ii) laws, policies and ethical principles regarding functional and positive behavior management planning and implementation addressing function of behavior and how to provide unbiased supports; 4.25(6)(h)(iii) the relationship of special education to the organization and the function of educational agencies; 4.25(6)(h)(iv) the rights and responsibilities of individuals with exceptionalities, parents, teachers, other professionals and schools related to exceptionalities; 4.25(6)(h)(v) issues, assurances and due process rights related to assessments, eligibility and placement within a continuum of 4.25(6)(h)(vi) issues in definition and identification of individuals with exceptionalities, including those from dual language and culturally and linguistically diverse backgrounds, including: 4.25(6)(h)(vi)(A) how diversity is part of families, cultures and schools and that complex human issues can interact with the delivery of special education services; 4.25(6)(h)(vi)(B) historical points of view and contribution of culturally diverse groups; and 4.25(6)(h)(vi)(C) the impact of the dominant culture on shaping school culture and the importance of providing culturally responsive pedagogy; 4.25(6)(h)(vii) issues, assurances and due-process rights related to assessments, eligibility and placement within a continuum of 4.25(6)(h)(viii) family systems and the role of families in the educational process; 4.25(6)(h)(ix) personal cultural biases and differences that affect one’s teaching, behaviors, evaluation and collaboration; and 4.25(6)(h)(x) the importance of serving as an intentional model of inclusion for individuals with exceptionalities. 4.25(6)(i) The beginning special education professional is knowledgeable about the relationship of education to democracy, the school’s role in teaching and perpetuating a democratic system of government; educational governance; careers in teaching; the relationship(s) between the various government entities that create laws, rules, regulations and policies and special education practices, and is able to: 4.25(6)(i)(i) model and articulate democratic ideals to students and other stakeholders, by: 4.25(6)(i)(i)(A) teaching about productive citizenship; and 4.25(6)(i)(i)(B) teaching and perpetuating the principles of a democratic republic; 4.25(6)(i)(ii) model for and develop in students positive and accepted behaviors to accepted standards and respect for the rights of others as necessary for successful personal, family and community involvement and well-being; 4.25(6)(i)(iii) demonstrate respect for and effectively address in planning the influences that affect educational practice, including; 4.25(6)(i)(iii)(A) federal and state constitutional provisions; 4.25(6)(i)(iii)(B) federal and state executive, legislative and legal policies; 4.25(6)(i)(iii)(C) the roles of elected officials in policy-making; 4.25(6)(i)(iii)(D) local boards of education, school district and school administration policies and those of boards of cooperative services; 4.25(6)(i)(iii)(E) the influence of nontraditional and nonpublic schools, including charter, private and home schools, and 4.25(6)(i)(iii)(F) public sector input from business, advocacy groups and the public. 4.25(6)(i)(iv) promote teaching as a worthy career and describe the wide variety of career paths in education; and 4.25(6)(i)(v) participate in professional development options that can improve performance and provide professional development or other learning opportunities to colleagues in school buildings related to best practices in special education. 4.25(7) Collaboration and cultural responsiveness: Beginning special education professionals understand the theory and elements of effective collaboration and serve as a collaborative resource to families, other educators, related service providers, individuals with exceptionalities and personnel from community agencies in culturally responsive ways to address the needs of individuals with exceptionalities across a range of learning experiences and demonstrate knowledge of: 4.25(7)(a) promoting the well-being of individuals with exceptionalities across a wide range of settings and collaborators; 4.25(7)(b) models and strategies of consultation and collaboration; 4.25(7)(c) the roles of individuals with exceptionalities, families and school and community personnel in planning of an IEP; 4.25(7)(d) concerns of families of individuals with exceptionalities and strategies to help address these concerns; and 4.25(7)(e) culturally responsive factors that promote effective communication and collaboration with individuals with exceptionalities, families, school personnel and community members. 4.25(7)(f) Beginning special education professionals demonstrate the skills to: 4.25(7)(f)(i) maintain confidential communication about individuals with 4.25(7)(f)(ii) collaborate with families and others in assessment of 4.25(7)(f)(iii) foster respectful and beneficial relationships between families and professionals; 4.25(7)(f)(iv) assist individuals with exceptionalities and their families in becoming active participants in the educational team; 4.25(7)(f)(v) plan and conduct collaborative conferences with individuals with exceptionalities and their families; 4.25(7)(f)(vi) collaborate with school personnel and community members in integrating individuals with exceptionalities into various settings; 4.25(7)(f)(vii) use group problem-solving skills to develop, implement and evaluate collaborative activities; 4.25(7)(f)(viii) model techniques and provide professional development and coaching to others in the use of instructional methods and accommodations; 4.25(7)(f)(ix) communicate with school personnel about the characteristics and needs of individuals with exceptionalities; 4.25(7)(f)(x) communicate effectively with families of individuals with exceptionalities from diverse backgrounds; 4.25(7)(f)(xi) assist content-area teachers in adapting curriculum, instruction and strategies utilizing evidence-based practices and technology to support students with exceptionalities in meeting Colorado Academic Standards and extended evidence outcomes; 4.25(7)(f)(xii) assist students in education, behavior and transition services or transitions with family, educators, other professional and relevant community representatives; and 4.25(7)(f)(xiii) strategize with other professionals when a student’s medical condition or medication must be considered in terms of its effect on a student’s learning or behavior. 4.26 Early Childhood Special Education (Ages Birth-8)

In addition to demonstrating the foundational knowledge and competencies of elementary reading and mathematics found in 4.02(5) – 4.02(16) of these rules; 4.26(1) Learner development and individual learning differences (builds upon rule 4.01(1)): Beginning early childhood special education professionals understand how exceptionalities may interact with development and learning and use this knowledge to provide meaningful and challenging learning experiences for individuals with exceptionalities. 4.26(1)(a) Beginning early childhood special education professionals demonstrate knowledge of: 4.26(1)(a)(i) the impact that different theories and philosophies of early learning and development have on assessment, curriculum, intervention and instruction decisions; 4.26(1)(a)(ii) biological and environmental factors that may support or constrain children’s early development and learning as they plan and implement early intervention and instruction; 4.26(1)(a)(iii) characteristics, etiologies and individual differences within and across the range of abilities, including development delays and disabilities, and their potential impact on children’s early development and learning; and 4.261)(a)(iv) normative sequences of early development, individual differences and families’ social and cultural linguistic diversity to support each child’s development and learning across contexts. 4.26(1)(b) Beginning early childhood special education professionals 4.26(1)(b)(i) develop and match learning experiences and strategies to characteristics of infants and young children; 4.26(1)(b)(ii) identify systematic, responsive and intentional evidencebased practices and use these practices with fidelity to support young children’s learning and development across all developmental and content domains; and 4.26(1)(b)(iii) establish communication systems for young children that support self- advocacy, including the use of assistive technology for young children who are deaf and/or hard of hearing. 4.26(2) Learning environments and instructional planning and strategies (builds upon rule 4.01(4) and4.01(8)): Beginning early childhood special education professionals create safe, inclusive, culturally responsive learning environments and select, adapt and use a repertoire of evidence- based instructional strategies to advance the learning of individuals with exceptionalities. 4.26(2)(a) Beginning early childhood special education professionals 4.26(2)(a)(i) engage in ongoing planning and use flexible and embedded instructional and environmental arrangements and appropriate materials to support the use of interactions, interventions and instruction addressing the development and academic content domains, which are adapted to meet the needs of each child and their family; 4.26(2)(a)(ii) use responsive interactions, interventions and instruction with sufficient intensity and types of support across activities, routines and environments to promote child learning and development and facilitate access, participation and engagement in natural environments and inclusive settings; 4.26(2)(a)(iii) plan for, adapt and improve approaches to interactions, interventions and instruction based on multiple sources of data across a range of natural environments and inclusive settings; 4.26(2)(a)(iv) use technologies to support instructional assessment, planning and delivery for individuals with exceptionalities; 4.26(2)(a)(v) identify and create multiple opportunities for young children to develop and learn play skills and engage in meaningful play experiences independently and across contexts; 4.26(2)(a)(vi) promote young children’s social and emotional competence and communication and proactively plan and implement function-based interventions to prevent and address challenging behaviors; 4.26(2)(a)(vii) structure, direct and support the activities of paraeducators, volunteers and tutors; 4.26(2)(a)(viii) intervene safely and appropriately with individuals with exceptionalities in a crisis; and 4.26(2)(a)(ix) use universal precautions. 4.26(3) Curricular content knowledge (builds upon rule 4.01(8)): Beginning early childhood special education professionals use knowledge of general and specialized curricula to individualize learning for individuals with exceptionalities. 4.26(3)(a) Beginning early childhood special education professionals are knowledgeable of early childhood curriculum frameworks, developmental and academic content knowledge and related pedagogy to plan and ensure equitable access to universally designed, developmentally appropriate and challenging learning experiences in natural and inclusive environments. 4.26(3)(b) Beginning early childhood special education professionals 4.26(3)(b)(i) collaborate with families and other professionals to identify an evidence- based curriculum addressing developmental and content domains to design and facilitate meaningful and culturally responsive learning experiences that support the unique abilities and needs of all children and families; and 4.26(3)(b)(ii) engage in ongoing reflective practice and access evidencebased information to improve their own practices. 4.26(4) Assessment (builds upon rule 4.01(2)): Beginning early childhood special education professionals use multiple methods of assessment and data-sources in making educational decisions. 4.26(4)(a) Beginning early childhood special education professionals are knowledgeable of the: 4.26(4)(a)(i) purposes of formal and informal assessment, including ethical and legal considerations, and use this information to choose developmentally, culturally and linguistically appropriate, valid, reliable tools and methods that are responsive to characteristics of the young child, family and program; 4.26(4)(a)(ii) process for developing and administering informal assessments and/or selecting and using valid, reliable formal assessments that use evidence-based practices, including technology, in partnership with families and other professionals; 4..26(4)(a)(iii) process for exiting children from special education when appropriate; and 5.02(4)(a)(iv) the data collection for federal reporting requirements (entries and exits to early childhood special education) and the need for collaboration with general education early childhood educators to support this data collection. 4.26(4)(b) Beginning early childhood special education professionals 4.26(4)(b)(i) analyze, interpret, document and share assessment information using a strength-based approach with families and other professionals; and 4.26(4)(b)(ii) collaborate with families and other team members to use data to determine eligibility, develop child and family-based outcomes and goals, plan for interventions and instruction, and monitor progress to determine efficacy of programming. 4.26(5) Professional learning and ethical practice (builds upon rule 4.01(6)):

Beginning early childhood special education professionals use foundational knowledge of the field and their professional ethical principles and practice standards to inform early childhood special education practice, to engage in lifelong learning and to advance the profession. 4.26(5)(a) Beginning early childhood special education professionals are knowledgeable of trends and issues in early childhood education, early childhood special education and early intervention and practice in accordance with ethical and legal policies and procedures. 4.26(5)(b) Beginning early childhood special education professionals 4.26(5)(b)(i) advocate for improved outcomes for young children, families and the profession, including the promotion and use of evidencebased practices and decision- making; 4.26(5)(b)(ii) recognize signs of emotional distress, neglect and abuse, and follow reporting procedures; 4.26(5)(b)(iii) implement the level of support needed by the family to achieve the desired outcomes for the child; 4.26(5)(b)(iv) fully understand procedural safeguards and ensure families understand them and are part of the decision-making; 4.26(5)(b)(v) implement family services consistent with due process safeguards; 4.26(5)(b)(vi) serve as a model for individuals with exceptionalities; 4.26(5)(b)(vii) conduct professional activities in compliance with applicable laws and policies; and 4.26(5)(b)(viii) engage with the early intervention/early childhood special education profession by participating in local, regional, national and/or international activities and organizations. 4.26(6) Collaboration (builds upon rule 4.01(3)): Beginning early childhood special education professionals collaborate with families, other educators, related service providers, individuals with exceptionalities and personnel from community agencies in culturally responsive ways to address the needs of individuals with exceptionalities across a range of learning experiences. 4.26(6)(a) Beginning early childhood special education professionals 4.26(6)(a)(i) apply teaming models, skills and processes and appropriate uses of technology when collaborating and communicating with families, professionals with varying skills, expertise and roles across multiple disciplines, community partners and agencies; 4.26(6)(a)(ii) use a variety of evidence-based, collaborative strategies when working with adults that are culturally and linguistically responsive and appropriate to the task, the environment and service delivery approach; 4.26(6)(a)(iii) partner with families and other professionals to develop individualized plans and support the various transitions that occur for the child and their family throughout the birth-8 age span; 4.26(6)(a)(iv) apply family-centered practices, family systems theory and knowledge of the changing needs and priorities in families’ lives to develop trusting, respectful, affirming and culturally responsive partnerships with all families to allow for the mutual exchange of knowledge and information; 4.26(6)(b)(v) engage in reciprocal partnership with families and other professionals to facilitate responsive adult-child interactions, interventions and instruction in support of child learning and 4.26(6)(b)(vi) engage families in identifying their strengths, priorities and concerns; and 4.26(6)(b)(vii) promote families’ competence and confidence during assessment, individualized planning, intervention and transition processes to support their goals for their family and young child’s development and learning. 4.27 Special Education Specialist : Visually Impaired (Ages Birth-21)

The following standards must be part of a master’s degree program for the preparation of special education specialists for the visually impaired: 4.27(1) The special education specialist: visually impaired is knowledgeable about the foundations of special education including, but not limited to, the legal framework, historical precedents, auricular foundation and cultural and socioeconomic factors affecting students with visual impairment(s) and other disabilities, and is able to: 4.27(1)(a) articulate to a variety of audiences the models, theories, historical foundation and philosophies that provide the bases for special education practice related to learners who are visually impaired; 4.27(1)(b) articulate to a variety of audiences variations in beliefs, traditions and values across cultures and their effect on attitudes toward and expectations for students with visual impairment(s); 4.27(1)(c) identify and gain access to federal entitlements that provide specialized equipment and materials for students with visual impairment(s); and 4.27(1)(d) articulate and explain current educational definitions, identification criteria, labeling issues, and incidence and prevalence figures for students with visual impairment(s) and deaf blindness. 4.27(2) The special education specialist: visually impaired is knowledgeable about the characteristics of learners, human development and the implications of blindness, visual impairment(s) and deaf blindness upon developmental and academic skills acquisition, and is able to articulate and incorporate into the planning for students relevant information about: 4.27(2)(a) the structure, function and normal development of the human visual system; 4.27(2)(b) basic terminology, manifestations and educational implications of diseases and disorders of the human visual system; 4.27(2)(c) effects of medication(s) on the function(s) of the visual system; 4.27(2)(d) the development of other senses when vision is impaired; 4.27(2)(e) the effects of visual impairment(s) on early development of motor skills, cognition, social/emotional interaction, self-help, communication and early literacy; 4.27(2)(f) similarities and differences between the cognitive, physical, cultural, social, emotional, sensory and literacy needs of students with and without visual impairment(s); 4.27(2)(g) differential characteristics of students with visual impairments including levels of severity and the impact of concomitant additional disabilities; 4.27(2)(h) the effects of visual impairment(s) on the family and the reciprocal impact on the individual’s self-esteem; 4.27(2)(i) psychosocial aspects of visual impairment(s); 4.27(2)(j) the impact of visual impairment(s) and deaf blindness on formal and incidental learning experiences; and 4.27(2)(k) psychosocial aspects of visual impairment(s). 4.27(3) The special education specialist: visually impaired is knowledgeable about visual disorders and is able to: 4.27(3)(a) explain the characteristics of visual disorders to families and to other educational service providers; 4.27(3)(b) describe the effects of visual impairment(s) – with and without additional disabilities – on development, learning and literacy; 4.27(3)(c) provide information regarding the cognitive, communication, physical, medical, cultural, social, emotional, sensory and literacy needs of students with visual impairment(s) to their families and to educational and related service providers; and 4.27(3)(d) recommend adaptations within instructional environments to identify and accommodate individual sensory need(s). 4.27(4) The special education specialist: visually impaired is knowledgeable about assessment and evaluation and is able to complete accurate assessments of students' developmental and academic performance, apply the information in planning for students and articulate to a variety of audiences regarding: 4.27(4)(a) specialized terminology used in the medical diagnoses and educational assessment(s) of students with visual impairment(s); 4.27(4)(b) specific assessments that measure functional vision and learning modalities; 4.27(4)(c) ethical considerations, legal provisions, regulations and guidelines related to the valid and relevant assessment of students with visual 4.27(4)(d) specialized policies and procedures for screening, pre-referral, referral, classification and placement of students with visual impairment(s); 4.27(4)(e) alternative assessment tools and techniques for students with visual impairment(s) including, but not limited to, state- or district-level alternate assessment practices; 4.27(4)(f) appropriate interpretation and application of assessment scores for students with visual impairment(s) and deaf blindness; and 4.27(4)(g) the relationship(s) between assessment, individualized family service plan (IFSP) and individualized education program (IEP) development, and placements, as each affects the educational services provided to students with visual impairment(s). 4.27(5) The special education specialist: visually impaired is knowledgeable about and able to evaluate the validity of individual tests for use with students with visual impairment(s) and is able to: 4.27(5)(a) use disability-specific assessment instruments; 4.27(5)(b) adapt and implement a variety of assessment procedures in evaluating students with visual impairments and deaf blindness; 4.27(5)(c) interpret eye reports and other information related to the visual impairment(s) including, but not limited to, low-vision evaluation reports to students with visual impairment(s), their families and to other educational and related service providers; 4.27(5)(d) utilize assessment and performance data to develop specific recommendations for modification(s) of and accommodations for the student's learning environment(s) and educational materials; 4.27(5)(e) conduct, interpret and apply the results of formal and informal assessment(s) of functional vision and learning modalities; 4.27(5)(f) create and maintain disability-related records for students with visual impairment(s); 4.27(5)(g) gather background information and family history relevant to the individual student's visual status and instructional needs; 4.27(5)(h) incorporate assessment information into the development of IFSPs and lEPs; and 4.27(5)(i) utilize assessment information to develop literacy modality plans for students with visual impairment(s). 4.27(6) The special education specialist: visually impaired is knowledgeable about instructional content and practice, specialized instructional strategies and appropriate accommodation(s), and is able to demonstrate these strategies and/or teach learners with visual impairment(s): 4.27(6)(a) the use of the abacus, slate and stylus, Braille writer, electronic note taker(s), talking calculator, tactile graphics, computers and other types of access and adaptive technology; 4.27(6)(b) basic concepts related to content standards; 4.27(6)(c) increasing visual access to and within learning environments related to instruction, the use of print adaptations and optical and nonoptical devices; 4.27(6)(d) increasing non-visual access to learning environments; 4.27(6)(e) alternative reasoning and decision-making skills; 4.27(6)(f) organization and study skills; 4.27(6)(g) structured pre-cane orientation and mobility assessment and instruction; 4.27(6)(h) tactual perceptual skills; 4.27(6)(i) health and health issues; 4.27(6)(j) adapted physical and recreational skills; 4.27(6)(k) social and daily living skills; 4.27(6)(l) developing career awareness and providing them with vocational counseling; 4.27(6)(m) promoting self-advocacy; 4.27(6)(n) identifying sources of and acquiring specialized instructional and other relevant materials; and 4.27(6)(o) identifying techniques for the adaptation of instructional methods and materials. 4.27(7) The special education specialist: visually impaired is knowledgeable about planning for the instruction of students with visual impairment(s) and is able to: 4.27(7)(a) develop comprehensive short- and long-range individualized learning programs for students with visual impairment(s) and deaf blindness; 4.27(7)(b) prepare appropriate individual and group lesson plans; 4.27(7)(c) involve the student with visual impairment(s) in setting instructional goals and charting progress; 4.27(7)(d) select, adapt and utilize instructional strategies and materials appropriate to the learning needs of the student with visual impairment(s); 4.27(7)(e) use strategies to help students learn, maintain new skills and be able to generalize those skills across other learning environments; 4.27(7)(f) choose and implement instructional techniques that promote successful transitions for students with visual impairment(s); 4.27(7)(g) evaluate and modify instruction according to student need; 4.27(7)(h) interpret and use multiple sources of assessment data in planning for the instruction of students with visual impairment(s) and deaf blindness; 4.27(7)(i) choose and use appropriate forms of technology to accomplish instructional objectives for students with visual impairment(s) and integrate technology into the instructional process; 4.27(7)(j) sequence, implement and evaluate learning objectives based on standards- based education and the expanded core curriculum for students with visual impairment(s); and 4.27(7)(k) teach students with visual impairment(s) to think, solve problems and utilize other cognitive strategies to meet individual learning needs. 4.27(8) The special education specialist: visually impaired is knowledgeable about effective planning for and management of the teaching and learning environment to provide a setting conducive to group and individualized learning, and is able 4.27(8)(a) transcribe, proofread and interline materials in contracted literary, Nemeth and foreign language Braille codes; 4.27(8)(b) utilize specialized equipment and software, such as Braille writers, slate and stylus, computerized Braille transcription and tactile image enhancers, to prepare adapted or modified materials in Braille, accessible print, tactile and other formats appropriate to the assessed needs of students with visual impairment(s); 4.27(8)(c) obtain and organize materials intended to implement instructional objectives for students with visual impairment(s); 4.27(8)(d) design multisensory learning environments that engage the active participation of students with visual impairment(s) in group and individual activities; 4.27(8)(e) design and implement strategies and techniques that facilitate the inclusion of students with visual impairment(s) into a wide variety of educational and community settings; 4.27(8)(f) direct the activities of a classroom paraprofessional, volunteer, peer tutor or Braille transcriber; and 4.27(8)(g) create learning environments that encourage self-advocacy and independence for students with visual impairment(s). 4.27(9) The special education specialist: visually impaired is knowledgeable about promoting appropriate student behavior and social interaction skills and demonstrates: 4.27(9)(a) effective learning environment management which engenders positive behavior(s) between and among students, such as, but not limited to, strategies that: 4.27(9)(a)(i) identify ways to address attitudes and behaviors that can positively or negatively influence the deportment and achievement of students with visual impairments; 4.27(9)(a)(ii) effectively instruct students in the development of the social skills needed across educational and living environments; 4.27(9)(a)(iii) identify strategies for preparing students with visual impairment(s) to live harmoniously and productively in a diverse world; and 4.27(9)(a)(iv) identify and address inappropriate behaviors attributable to or caused by visual impairment(s). 4.27(10) The special education specialist: visually impaired is knowledgeable about and able to manage student behavior(s) and learning through: 4.27(10)(a) the modification of the learning environment including, but not limited to, schedule, physical arrangement and/or materials; 4.27(10)(b) the selection, implementation and evaluation of appropriate and applicable classroom management strategies for students with visual 4.27(10)(c) the incorporation of social skills training into the curriculum; 4.27(10)(d) utilization of procedures intended to increase student selfawareness, self- control, self-reliance and self-esteem; 4.27(10)(e) preparing students with visual impairment(s) to present themselves in a socially appropriate manner, providing information about, but not limited to, that related to grooming, dress and interpersonal skills; 4.27(10)(f) preparing students to adapt to progressive eye conditions when necessary; 4.27(10)(g) preparing students with visual impairment(s) to appropriately and effectively utilize the services of support personnel; 4.27(10)(h) preparing students with visual impairment(s) to gain access to information about services provided in and for the community; 4.27(10)(i) preparing students with visual impairment(s) to act appropriately in social situations; and 4.27(10)(j) preparing students with visual impairment(s) to respond to societal attitudes and actions with positive behavior(s) and self-advocacy. 4.27(11) The special education specialist: visually impaired is knowledgeable about communication and collaborative partnerships and demonstrates: 4.27(11)(a) effective communication and the ability to collaborate with students, their families, and school and community personnel in identifying and addressing: 4.27(11)(a)(i) typical and/or specific concerns of parents of students with visual impairment(s) and appropriate strategies to assist them in resolving concerns; 4.27(11)(a)(ii) roles of students with visual impairment(s), parents, educational service providers and community personnel in planning individualized programs for students; 4.27(11)(a)(iii) strategies for assisting families and other team members in planning appropriate transitions for students with visual 4.27(11)(a)(iv) unique services, networks and organizations that serve as resources to/for students with visual impairment(s); 4.27(11)(a)(v) roles of paraprofessionals or para-educators who work directly with students with visual impairment(s) and deaf blindness; and 4.27(11)(a)(vi) the necessity for role models for students with visual impairment(s). 4.27(12) The special education specialist: visually impaired demonstrates the ability to collaborate with others and is able to: 4.27(12)(a) identify and implement strategies for working with students with disabilities, parents, and school and community persons, in a wide variety of learning and learning- related environments; 4.27(12)(b) communicate and consult with students, parents, education service providers and community personnel; 4.27(12)(c) foster respectful and beneficial relationships between and among families and professionals; 4.27(12)(d) encourage and assist families in becoming active participants in the education of their own children; 4.27(12)(e) plan and conduct conferences with families or primary caregivers as required and/or necessary; 4.27(12)(f) collaborate with general education teachers and other school and community personnel regarding the integration of students with disabilities into the general learning environment; 4.27(12)(g) communicate with general education teachers, administrators and other school personnel about the characteristics and needs of students with disabilities; 4.27(12)(h) assist families and other team members in understanding the impact of visual impairment(s) and deaf blindness on learning and experience; 4.27(12)(i) report results of specialized assessments to students with visual impairment(s), their families and pertinent team members in relevant and appropriate ways; and 4.27(12)(j) manage and direct the activities of para-educators or peer tutors who work with students with visual impairment(s). 4.27(13) The special education specialist: visually impaired is knowledgeable about professionalism and ethical practices and demonstrates: 4.27(13)(a) appropriate professional practices in contributing to the field of education and to the academic achievement of each individual student 4.27(13)(a)(i) decision-making based on the ethical considerations governing the profession of special education, especially as related to the field of the education of the visually impaired learner;4.27(13)(a)(ii) recognizing cultural bias and how it can affect teaching; 4.27(13)(a)(iii) serving as a role model for students with visual 4.27(13)(a)(iv) participation in consumer and professional organizations and remaining up-to-date with publications and journals relevant to the field of visual impairments; and 4.27(13)(a)(v) the ability to research information related to the learning needs of and outcomes for students with visual impairment(s). 4.27(14) The special education specialist: visually impaired functions in a professional manner by: 4.27(14)(a) demonstrating professional ethics; 4.27(14)(b) accepting the personal characteristic(s) of students with and without visual impairment(s); 4.27(14)(c) remaining up-to-date on literature related to students with visual 4.27(14)(d) participating in professional organizations representing the field of visual impairment(s), as appropriate; 4.27(14)(e) engaging in professional-growth activities which may benefit students with visual impairment(s), their families and/or colleagues; and 4.27(14)(f) practicing self-assessment related to instruction, and seeking professional development activities which support the advancement of personal skills and knowledge. 4.28 Special Education Specialist: Deaf/Hard-of-Hearing (Ages Birth-21)

The following standards must be part of a master’s degree program for the preparation of special education specialists for the deaf/hard-of-hearing: 4.28(1) The special education specialist: deaf/hard-of-hearing is knowledgeable about the philosophical, historical and legal foundations of special education and is able to articulate and incorporate into planning for students: 4.28(1)(a) current definitions of students with hearing loss including terminology, identification criteria, labeling issues and current incidence and prevalence figures. 4.28(1)(b) models, theories and appropriate philosophies that provide the

basis for educational practice relevant to students who are deaf or hard-of- 4.28(1)(c) variations in beliefs, traditions and values across cultures and within society, and the effect of the relationships between children who are deaf or hard-of-hearing, their families, schools and communities, and can: 4.28(1)(c)(i) identify resources, model programs, organizations, agencies, research centers and technology that can be of assistance in working with students who are deaf or hard-of-hearing; 4.28(1)(c)(ii) apply understanding of proven theory, of philosophy and of models of effective practice to the education of students who are deaf or hard-of-hearing; and 4.28(1)(c)(iii) articulate the pros and cons of current issues and trends in special education and in educating students who are deaf or hard- 4.28(2) The special education specialist: deaf/hard-of-hearing is knowledgeable about factors that impact the learning of students who are deaf or hard-of-hearing and is able to articulate and incorporate into planning for these students: 4.28(2)(a) relevant elements of learning necessary for enhancement of cognitive, emotional and social development. 4.28(2)(b) proven and effective research on communication, socialization and cognition. 4.28(2)(c) cultural dimensions of being deaf or hard-of-hearing. 4.28(2)(d) the specific impact of various etiologies of hearing loss on the sensory, motor and/or learning capability. 4.28(2)(e) knowledge of the effect of family involvement, onset of hearing loss, age of identification, amplification and provision of services. 4.28(2)(f) knowledge of the impact of early and ongoing comprehensible communication. 4.28(2)(g) the effect of sensory input, including both incidental communication and experiences, on the development of language and cognition. 4.28(3) The special education specialist: deaf/hard-of-hearing is knowledgeable about and is able to: 4.28(3)(a) demonstrate effective communication strategies to students who are deaf or hard-of-hearing. 4.28(3)(b) describe how to make incidental learning opportunities accessible. 4.28(3)(c) articulate the interrelationship between communication, socialization and cognition. 4.28(4) The special education specialist: deaf/hard-of-hearing is knowledgeable about the assessment, effective teaching, service and special services provision and the evaluation of students who are deaf or hard-of-hearing, and is able to: 4.28(4)(a) implement formal and informal assessment procedures for eligibility, placement and program planning. 4.28(4)(b) articulate legal provisions, regulations and guidelines regarding unbiased diagnostic assessment(s) and the use of instructional assessment measures. 4.28(4)(c) incorporate into planning the specifics of policies regarding referral and placement procedures. 4.28(4)(d) demonstrate amplification system's parts and articulate function, benefits and limitations of options in group and personal amplification. 4.28(4)(e) administer assessment procedures and instruments for students who are deaf or hard-of-hearing and those with additional disabilities, and utilize appropriate assessment tools and informal assessment and evaluation procedures, utilizing natural/heritage/preferred language. 4.28(4)(f) use assessment data in making informed instructional decisions and for planning individual programs that result in appropriate service delivery and intervention for students who are deaf or hard-of-hearing. 4.28(4)(g) troubleshoot amplification problems and explain the parts and functions of group and personal amplification. 4.28(4)(h) develop and implement effective communication plans. 4.28(4)(i) plan an educational program to address the needs of students who are deaf or hard-of-hearing and who may have additional disabilities or conditions that impact learning. 4.28(5) The special education specialist: deaf/hard-of-hearing is knowledgeable about content standards and practice and is able to: 4.28(5)(a) identify and utilize specialized instructional materials relevant to specific student need and content standards. 4.28(5)(b) incorporate into planning information related but not limited to the syntactic, semantic use of American Sign Language (ASL) and English. 4.28(5)(c) incorporate into planning information related to languages and systems used to communicate with individuals who are deaf or hard-of- 4.28(5)(d) articulate normal speech development and characteristics of speech development for deaf or hard-of-hearing students. 4.28(5)(e) implement assessment procedures and curricula designed for: 4.28(5)(e)(i) the speech development of students who are deaf or hardof-hearing and those who may have additional disabilities; 4.28(5)(e)(ii) ASL and English language development; 4.28(5)(e)(iii) stimulating the utilization of residual hearing; 4.28(5)(e)(iv) strategies/techniques related to the promotion of reading development; and 4.28(5)(e)(v) written language development. 4.28(5)(f) design and implement strategies and techniques for positively affecting the speech development of students who are deaf or hard-of- 4.28(5)(g) design and implement strategies/techniques to effectively instruct students about ASL and English language development. 4.28(5)(h) design and implement strategies/techniques for the stimulation and utilization of residual hearing. 4.28(5)(i) address in planning ways to facilitate cultural identity, linguistic, academic, cognitive, physical and social-emotional development. 4.28(5)(j) plan effective multi-level lessons. 4.28(5)(k) incorporate proven and effective research-supported instructional strategies and practices. 4.28(5)(l) implement strategies and procedures that effectively facilitate the deaf or hard-of- hearing student's transition to new settings and to meeting life challenges. 4.28(5)(m) communicate with advanced proficiency in relevant language(s)

(English, ASL) and/or sign systems. 4.28(5)(n) select, modify, design, produce and utilize specialized and appropriate media, instructional materials, resources and technology. 4.28(5)(o) infuse communication skills into academic areas. 4.28(5)(p) apply appropriate and effective first- and second-language teaching strategies to meet student need. 4.28(5)(q) promote and encourage speech development; ASL and English language development; the utilization of residual hearing; reading and written language development to students who are deaf or hard-of- 4.28(5)(r) implement multi-level lessons for students who are deaf or hard-of- 4.28(5)(s) develop effective transition plan for students who are deaf or hard- 4.28(6) The special education specialist: deaf/hard-of-hearing is knowledgeable about the learning environment and is able to: 4.28(6)(a) demonstrate the adaptations needed within a variety of learning environments and within the community for students who are deaf or hard- 4.28(6)(b) manage assistive devices appropriate for students who are deaf or hard-of- hearing. 4.28(6)(c) select, implement and evaluate effective classroom management strategies. 4.28(6)(d) adapt learning environments to effectively meet needs of students who are deaf or hard-of-hearing and those who may have additional disabilities or special needs. 4.28(6)(e) plan and effectively implement instruction for students who are deaf or hard-of- hearing and those with additional disabilities or special needs. 4.28(7) The special education specialist: deaf/hard-of-hearing is knowledgeable about promoting student social interaction and independence and is able to: 4.28(7)(a) demonstrate processes for establishing ongoing interactions of students who are deaf or hard-of-hearing with peers and role models who are deaf, hard-of-hearing or hearing. 4.28(7)(b) provide opportunities for interaction with communities of individuals who are deaf, hard-of-hearing or hearing on the local, state and national levels. 4.28(7)(c) provide students with a wide variety of communication strategies which allow effective interaction with people and in places, situations and organizations within the community. 4.28(7)(d) implement strategies for teaching appropriate social skills and behavior in a variety of situations to students who are deaf or hard-of- 4.28(7)(e) provide appropriate methods of effective self-advocacy to students who are deaf or hard-of-hearing. 4.28(7)(f) articulate social/emotional/psychological developmental and social/emotional issues related to students who are deaf or hard-of- 4.28(7)(g) promote independence and responsibility to students who are deaf or hard-of- hearing. 4.28(7)(h) effectively teach students who are deaf or hard-of-hearing: 4.28(7)(h)(i) how to use support personnel and contact resources appropriately and effectively; 4.28(7)(h)(ii) how to be self-advocates; 4.28(7)(h)(iii) how to be independent and take responsibility for their own actions; 4.28(7)(h)(iv) about legal procedures, their rights and how to take appropriate action; 4.28(7)(h)(v) to express emotions appropriately; and 4.28 (7)(h)(vi) how to use a wide variety of assistive devices. 4.28(8) The special education specialist: deaf/hard-of-hearing is knowledgeable about communication and collaborative partnerships and is able to: 4.28(8)(a) provide a wide variety of resources to family members and professionals who are deaf or hard-of-hearing; to assist them in dealing with educational concerns and options, utilizing relevant available services and determining appropriate communication modes; and to identify cultural and community opportunities for students who are deaf or hard-of- 4.28(8)(b) identify and articulate appropriate roles and responsibilities of educators and support personnel including, but not limited to, interpreters, note-takers and paraprofessionals in the delivery of education and education-related activities and programs to students who are deaf or hard-of-hearing. 4.28(8)(c) articulate the effects of communication on the development of family relationships and strategies to facilitate communication in families with children who are deaf or hard-of-hearing. 4.28(8)(d) articulate appropriate strategies to promote partnerships and to overcome barriers between families and professionals to effectively meet the needs of students who are deaf or hard-of-hearing. 4.28(8)(e) articulate to families and professionals the educational options, communication modes/philosophies, services, cultural issues and community resources available for children who are deaf or hard-of- 4.289(8)(f) facilitate communication between the child who is deaf and his or her family and/or other caregivers when, and as, appropriate. 4.28(8)(g) facilitate/oversee coordination of and supervise support personnel including but not limited to interpreters, note-takers and paraprofessionals, to meet the needs of students who are deaf or hard-of-hearing. 4.28(8)(h) use collaborative strategies and effective communication skills with individuals who are deaf or hard-of-hearing, parents, school and community personnel in various learning environments. 4.28(8)(i) advocate for meeting the social-emotional, educational and communication needs of students who are deaf or hard-of-hearing in a wide variety of settings. 4.28(9) The special education specialist: deaf/hard-of-hearing is knowledgeable about professionalism and ethical practice and is able to: 4.28(9)(a) acquire the additional knowledge and skills necessary to effectively educate students who are deaf or hard-of-hearing and to work successfully with their families, other professionals and interested stakeholders. 4.28(9)(b) participate in relevant professional and other organizations and remain current regarding publications and journals relevant to the field of educating students who are deaf or hard-of-hearing. 4.28(9)(c) self-assess, design and implement an ongoing professional development plan relevant to being an effective educator of students who are deaf and hard-of-hearing. 4.29 Gifted Education (Ages 4-21) 4.29(1) Learner development and individual learning differences: An educator with a gifted education endorsement understands the cognitive, social, emotional and developmental characteristics of students with gifts and talents. They recognize the asynchronous and diverse nature of gifted students and apply this understanding to design responsive, meaningful and challenging learning experiences by: 4.29(1)(a) applying current theories of intelligence, creativity, cognitive development and the expression of talent to understand and support the learning of all gifted students, including those in early childhood, twiceexceptional, highly gifted individuals and students from culturally, linguistically and economically diverse backgrounds, as well as underachieving students with high potential; 4.29(1)(b) recognizing and addressing the unique social, emotional, behavioral and development needs of gifted students, including the effects of asynchronous development, by implementing systemic, evidence-based supports and fostering independence, self-awareness, self-efficacy and adaptability; 4.29(1)(c) applying knowledge of human development (ages 4-21) to implement developmentally appropriate strategies for gifted students across grade levels; and 4.29(1)(d) recognizing and responding to how language, culture, economic status, family background, disability and diverse beliefs influence the identification, learning and development of gifted students. 4.29(2) Learning environments and instruction: An educator with a gifted education endorsement designs inclusive, culturally responsive and emotionally supportive learning environments that foster the academic, social and career development of students with gifts and talents. They use data-informed, evidence-based instructional strategies to differentiate, enrich and accelerate learning, while promoting independence, creativity and lifelong learning by: 4.29(2)(a) selecting and applying a repertoire of evidence-based instructional strategies to differentiate, accelerate and enrich curriculum for diverse gifted students, including twice-exceptional students and those from underrepresented backgrounds; 4.29(2)(b) developing and implementing long-range and short-term instructional plans that are grounded in gifted education research and aligned with local, state and national standards, ensuring differentiated instruction that maintains high expectations and academic rigor; 4.29(2)(c) incorporating varied methods, such as content modification, curriculum compacting, flexible grouping, acceleration, mentorship, internships, dual enrollment and enrichment, to meet individual learning needs and promote high-level engagement; 4.29(2)(d) evaluating how well instructional strategies and programming meet students’ identified educational needs; 4.29(2)(e) creating safe, inclusive and culturally responsive learning environments that affirm students’ identities, support the social-emotional well-being of gifted students and promote equitable access to gifted programming through mutual respect, creativity and self-expression; 4.29(2)(f) applying strategies to address the unique social and emotional needs of gifted students, including coping with perfectionism, underachievement, discrimination and asynchronous development; 4.29(2)(g) modifying learning environments to promote independence, selfawareness, self-efficacy and the development of habits of mind, such as goal setting, self-evaluation and lifelong learning; 4.29(2)(h) ensuring equitable access to challenging learning opportunities and support systems for all gifted students, including those from underrepresented groups and twice-exceptional students; 4.29(2)(i) applying research-based differentiation strategies to modify content, process, product and learning environments for gifted students that reflect and respect diverse perspectives, traditions and values and that integrate multicultural content and resources; 4.29(2)(j) fostering the development of leadership, communication and collaboration skills that prepare gifted students for success in a global, multicultural society; 4.29(2)(k) using data to develop and monitor advanced learning plans that support gifted students’ academic and affective growth, while guiding them to set meaningful goals, advocate for their needs and build the skills needed for independent, creative and productive futures; 4.29(l) improving programming supports and services at the classroom, school, community and educational system levels; 4.29(m) implementing tools of inquiry and strategies that promote higherlevel thinking, reasoning and creativity across content areas; 4.29(n) fostering the development of metacognitive skills, self-directed learning and intellectual risk-taking; 4.29(o) encouraging the transfer of advanced knowledge and skills across disciplines and real-life contexts; and 4.29(p) providing timely, specific and actional feedback to students to support growth and challenge. 4.29(3) Curricular content knowledge: An educator with a gifted education endorsement demonstrates advanced content knowledge and pedagogical expertise and uses this knowledge to design, adapt and implement differentiated, culturally responsive and intellectually rigorous curricula that meet the diverse cognitive and affective needs of students with gifts and talents. They apply research-based practices and data-informed strategies to ensure depth, complexity, creativity and acceleration in learning by: 4.29(3)(a) demonstrating deep understanding of central concepts, structures and tools of inquiry within academic disciplines; 4.29(3)(b) organizing knowledge and developing meaningful learning progressions within and across grade levels to support advanced learning; 4.29(3)(c) integrating cross-disciplinary skills and concepts to design curriculum that reflects the interconnectedness of content areas and fosters higher-order thinking; 4.29(3)(d) using assessment data to inform and adapt instruction, including modifying assessments to address individual learning needs; 4.29(3)(e) designing and implementing curriculum that supports acceleration, enrichment and the development of creativity, critical thinking, leadership and problem-solving skills; 4.29(3)(f) selecting and designing curriculum resources and strategies that reflect and respond to gifted students’ cultural, linguistic and intellectual diversity; 4.29(3)(g) integrating diverse perspectives and voices into curriculum planning to ensure inclusivity and relevance; 4.29(3)(h) applying understanding of individual learning differences and cultural contexts to develop comprehensive, equitable curricula for all gifted students, including twice-exceptional and underrepresented populations; 4.29(3)(i) designing and implementing high-quality, research-based and differentiated curriculum that supports advanced learning and talent development, including selecting appropriate curricular resources, aligning with students’ current performance and growth potential, applying relevant theories and models, and incorporating real-world, community-based and extended learning opportunities. 4.29(4) Assessment and evaluation: An educator with a gifted education endorsement demonstrates expertise in selecting, administering, interpreting and communicating assessment data to support the identification, instruction and development of students with gifts and talents, using valid, reliable and culturally responsive assessment practices to inform educational decisions, monitor progress and evaluate the effectiveness of gifted programming by: 4.29(4)(a) implementing identification instruments and procedures that align with state requirements, district policies and evidence-based practices; 4.29(4)(b) reviewing, selecting and interpreting multiple psychometrically sound, non-biased and equitable qualitative and quantitative instruments to develop a body of evidence for identifying giftedness across diverse populations, including twice-exceptional and underrepresented students; 4.29(4)(c) applying defensible methods for screening and identifying gifted students, including the use of portfolios, checklists and culturally sensitive tools that align with state identification rules and district identification policies; 4.29(4)(d) communicating the identification process clearly to families, obtaining informed consent and gathering evidence of student potential from multiple environments; 4.29(4)(e) demonstrating understanding of measurement theory, including validity, reliability, norms, bias and limitations of assessments; 4.29(4)(f) interpreting assessment results with an understanding of how cultural, linguistic, socioeconomic and trauma-related factors influence student performance and identification, ensuring equitable and informed decisionmaking; 4.29(4)(g) using assessment data and a deep understanding of each student's strengths, interests and needs to develop, implement and monitor individualized advanced learning plans that support both academic and affective growth; 4.29(4)(h) using a variety of pre-, formative and summative assessments— including performance-based, differentiated and off-level tools—to assess, monitor and evaluate the progress of gifted students in both general and specialized curricula; 4.29(4)(i) utilizing assessments that promote higher-order thinking, creativity and real-world application, including performance-based tasks, portfolios and off-level assessments; 4.29(4)(j) using assessments (e.g., observations, checklists, surveys) to identify affective needs, develop individualized affective goals within advanced learning plans and guiding social-emotional supports; 4.29(4)(k) engaging students in self-assessment and goal setting to foster metacognition and ownership of learning; 4.29(4)(l) using qualitative and quantitative data to evaluate the effectiveness of gifted curricula, services and programming; 4.29(4)(m) providing input into the design and improvement of gifted programming on assessment outcomes and student performance data; 4.29(4)(n) evaluating the implementation of strategies to ensure delivery of programming goals for all gifted students, including those from culturally and linguistically diverse and twice-exceptional backgrounds. 4.29(5) Collaboration and communication: An educator with a gifted education endorsement possesses skills in communicating, teaming and collaborating with diverse individuals and across diverse groups, and demonstrates competence in interpersonal and technical communication skills, as well as advanced oral and written skills, and applies knowledge of regulations and laws regarding confidentiality, using this deep understanding to improve programming for gifted students by: 4.29(5)(a) using verbal, nonverbal and digital communication strategies to convey information clearly and respectfully across diverse audiences; 4.29(5)(b) communicating effectively with students and their families to promote transparency and ensure understanding of assessment results, identification, gifted programming, while recognizing and respecting cultural, linguistic and community factors that influence communication and collaboration; 4.29(5)(c) collaborating with families, educators and community partners to assess needs, plan evidence-based services, create equitable opportunities and support the holistic development of gifted students, while advocating through awareness, addressing misconceptions and promoting engagement in gifted education; 4.29(5)(d) advocating for gifted education through inclusive leadership within schools and communities to promote and improve gifted programming; 4.29(5)(e) facilitating consensus-building and collaborative problem-solving to enhance programming and outcomes for gifted students; 4.29(5)(f) maintaining confidentiality and upholding ethical standards in all communications regarding gifted students; 4.29(5)(g) coordinating transitions across grade levels and educational settings, collaborating with families, educators and external agencies to ensure continuity of programming and support for gifted students as they prepare for school, career and life pathways; 4.29(5)(h) facilitating the development and implementation of advanced learning plans through inclusive and collaborative processes; 4.29(5)(i) building capacity among partners to support the instructional, social-emotional and behavioral needs of diverse gifted students to promote understanding, resolve conflicts and build consensus; and 4.29(5)(h) participating in strategic planning with school and district personnel to align gifted education initiatives with broader educational goals. 4.29(6) Professional practice and program evaluation: An educator with a gifted education endorsement engages in structured, reflective professional learning that is aligned to personal goals and needs, upholds ethical standards and advocates for excellence in gifted education by: 4.29(6)(a) engaging in continuous professional development aligned with school, district and state initiatives focused on gifted education and collaborating with school and district personnel to develop and implement learning opportunities in schools related to best practices in gifted 4.29(6)(b) acquiring and applying knowledge and skills necessary to effectively teach and support gifted students; 4.29(6)(c) demonstrating leadership in gifted education by staying current with research and best practices, engaging in self-reflection and pursuing professional growth through activities such as contributing to publications, participating in professional networks or attending conferences; 4.29(6)(d) engaging in continuous professional growth in gifted education by reflecting on instructional practices, incorporating feedback from supervisors and colleagues and participating in research-based professional development; 4.29(6)(e) fostering inclusive, respectful environments that respect and safeguard the rights of gifted students and their families, while applying district, state and federal policies to ensure equitable access to gifted 4.29(6)(f) applying continuous improvements to inform and improve gifted education practices; 4.29(6)(g) advocating for policies, practices and professional development that are grounded in research and designed to improve outcomes for gifted students and their families; 4.29(6)(h) promoting advancement of the gifted education profession through leadership, collaboration and dissemination of best practices in gifted 4.29(6)(i) supporting initiatives that increase awareness, understanding and support for gifted education while using disaggregated data to monitor equity and effectiveness in gifted programming; 4.29(6)(j) demonstrating a comprehensive understanding of the foundations of gifted education, including its history, evolving theories, evidence-based practices and relevant laws and policies, and applying this knowledge to address key issues and trends—such as diversity, inclusion and twiceexceptionality—while recognizing the influence of culture, language and personal bias; 4.29(6)(k) reflecting on and evaluating personal and systemic perspectives to create equitable, culturally responsive learning environments that honor the diverse backgrounds and needs of gifted students and their families; 4.29(6)(l) contributing to the continuous evaluation of gifted programming by assessing the effectiveness of strategies, grouping practices and service models, using data and partner input to drive improvements, align with program goals and promote equitable outcomes for all gifted students, including those from diverse and twice-exceptional backgrounds. 4.30 Mathematics Specialist (Grades K-12) 4.30(1) The mathematics specialist is knowledgeable about K-12 mathematics content and practices, including: 4.30(1)(a) progressions and coherence of mathematical topics across grade levels; 4.30(1)(b) the standards for mathematical practice that describe how people productively engage in the learning of mathematics; and 4.30(1)(c) the five strands of mathematical proficiency, including adaptive reasoning, strategic competence, conceptual understanding, productive disposition and procedural fluency.4.30(2) The mathematics specialist is knowledgeable about K- 12 mathematics pedagogy, including: 4.30(2)(a) knowing how to use students’ diversities, existing knowledge and skills and other strengths to advance learning while fostering positive mathematics identities; 4.30(2)(b) planning for responsive instruction and making curricular decisions, including: 4.30(2)(b)(i) using what they know about learners to choose, design and/or adapt relevant and appropriate mathematics curriculum materials and instruction that support the development of the five strands of mathematical proficiency; and 4.30 (2)(b)(ii) understanding and using curriculum effectively. 4.30(2)(c) modeling effective problem solving and mathematical practices – questioning, representing, communicating, conjecturing, making connections, reasoning and proving, self-monitoring and cultivating the development of such practices in learners; 4.30(2)(d) recognizing and providing interventions when misconceptions, errors and/or opportunities for advancement exist and designing appropriate interventions for acceleration pathways; 4.30(2)(e) recognizing, evaluating and responding to multiple, often nonstandard solutions to problems, including analyzing and evaluating student ideas and work and providing appropriate, meaningful and actionable feedback; 4.30(2)(f) constructing and evaluating multiple representations of mathematical ideas or processes, establishing correspondences between representations and understanding the purpose and value of doing so; 4.30(2)(g) using what they know about learners to choose, design and/or adapt relevant and appropriate mathematics tasks that incorporate discussions, written work, presentations or performance on more formal measures to support the learning of new mathematical ideas or methods, and to test learners’ understanding, application and demonstration of such ideas or methods, and developing effective questioning and assessment techniques to ensure understanding; 4.30(2)(h) supporting learning of appropriate technical language associated with mathematics, attending to both mathematical integrity and usability by learners; 4.30(2)(i) using discourse to effectively probe mathematical understanding and make productive use of responses; 4.30(2)(j) developing learners’ abilities to give clear and coherent public mathematical communications to defend thinking and understanding in a classroom setting; 4.30(2)(k) using various instructional applications of technology judiciously, in ways that are mathematically and pedagogically grounded; 4.30(2)(l) developing skillful and flexible use of different instructional formats – whole group, small group, partner, and individual – in support of learning goals; and 4.30(2)(m) creating academically safe learning environments that promote risktaking and engage students in collaborative mathematical exploration and discourse. 4.30(3) The mathematics specialist must effectively use curriculum and assessment and support teachers so they are able to: 4.30(3)(a) understand the importance of careful sequencing and development of mathematical ideas, concepts and skills in the K-12 curriculum and engage in discussions and decision making to establish appropriate benchmarks for learning goals; 4.30(3)(b) select, use, adapt and determine the suitability of mathematics curricula and teaching materials (e.g., textbooks, technology, manipulatives) for particular learning goals; 4.30(3)(c) use a formative assessment cycle (collect student data, plan for interventions and extensions of learning, implement plan of action) to locate, modify and/or create resources for these purposes; and 4.30(3)(d) analyze formative and summative assessment results, make appropriate interpretations, and communicate results to appropriate and varied audiences. 4.30(4) The mathematics specialist must be prepared to take on leadership roles within their schools and districts to support effective instruction and professional growth by being able to: 4.30(4)(a) take an active role in their professional growth by participating in professional development experiences that directly relate to the learning and teaching of mathematics pedagogy, application and content; 4.30(4)(b) facilitate continuous and collaborative learning that draws upon research in mathematics education to inform practice; involve colleagues and other school professionals, families and various stakeholders; and advance the development of others as reflective practitioners; 4.30(4)(c) evaluate educational structures and policies that affect students’ equitable access to high quality mathematics instruction, and act professionally to ensure that all students have appropriate opportunities to learn important mathematics (e.g., evaluate the alignment of mathematics curriculum standards, textbooks and required assessments, and make recommendations for addressing learning and achievement gaps); advocate for the rights and/or needs of all students to secure additional resources as needed; 4.30(4)(d) use mathematics-focused instructional leadership skills to improve mathematics programs at the school and district levels (e.g., serve as coach/mentor/content facilitator) providing feedback to colleagues to strengthen practice and improve student learning; develop appropriate classroom or school level learning environments; build relationships with teachers, administrators and the community; collaborate to create a shared vision and develop an action plan for school improvement; establish and maintain learning communities; partner with school-based professionals to improve each student’s achievement; mentor new and experienced teachers to better serve students; and 4.30(4)(e) select from a repertoire of methods to communicate in an unbiased, professional manner concerning student growth and advancement, curriculum, instructional observations and data and assessment feedback to educational constituents – caregivers, school administrators and school boards. 4.31 Teacher Librarian (Grades K-12) 4.31(1) Quality standard 1: mastery and pedagogical instruction – A teacher demonstrates mastery of and pedagogical expertise in the content area(s) taught. The elementary teacher is an expert in research-based literacy and mathematics and is knowledgeable in all other content areas taught (e.g., science, social studies, the arts, physical education or world languages). The secondary teacher has knowledge of research-based literacy and mathematics and is an expert in specific content area(s) (CDE Model Teacher Evaluation System). A candidate for a teacher librarian endorsement demonstrates skills to implement the principles of effective teaching and learning that contribute to an active, inquiry- and standards-based approach to learning. The candidate develops lessons that reflect the interconnectedness of content areas/disciplines and makes use of a variety of instructional strategies and assessment tools to design and develop learning experiences in partnership with classroom teachers and other educators (AASL). 4.31(1)(a) Instructional pedagogy – The candidate employs inquiry-based instructional design including differentiated instruction to reach all learners. The candidate is also knowledgeable in designing and delivering learning instruction along with technology literacy, information literacy and digital citizenship that empowers K-12 students to be workforce ready. 4.31(1)(b) Instructional design – The candidate is knowledgeable about leadership techniques for facilitating a standards-based backward design process for authentic, active learning lessons and units. The candidate provides an environment where students can practice and learn new strategies and receive feedback while learning content and demonstrating understanding. 4.31(1)(c) Children’s and young adult literature reading promotion – The candidate promotes reading for children, young adults and other education professionals through the use of high-quality, high-interest literature in print and digital formats that reflect diverse developmental, cultural, social and linguistic needs of K-12 students and communities. The candidate is aware of current trends in literature and displays the ability to work within the school-wide culture to foster curiosity in student and staff learners. The candidate is knowledgeable about a variety of innovative formats to teach, enrich and expand critical, creative and independent thinking. 4.31(1)(d) Research-based Literacy strategies – The candidate demonstrates knowledge of research-based reading strategies including reading fluency and reading comprehension to increase students’ reading levels, developmental abilities and personal interests. The candidate demonstrates the importance of systematic and explicit reading development tied to the overall school goals for literacy development in 4.31(2) Quality standard 2: safe, inclusive, respectful environment – A teacher establishes safe, inclusive and respectful learning environments for a diverse population of students. 4.31(2)(a) Respect for diversity – The candidate demonstrates the ability to develop a collection of reading and information materials in print and digital formats that support the diverse developmental, cultural, social and linguistic needs of K-12 students and their communities. 4.31(2)(b) Equitable access – The candidate demonstrates the ability to develop solutions for addressing physical, social and intellectual barriers to equitable access to resources and services. The candidate works with the school administration team to allow for collaboration and flexibility to be able to teach at point of need. The candidate allows for and supports flexibility so that the library is available during and after school hours for students, teachers, parents and the community. The candidate demonstrates the ability to develop and support 24/7 access to learning resources. 4.31(3) Quality standard 3: plan and deliver effective instruction – A teacher plans and delivers effective instruction and creates environments that facilitate learning for students (CDE Model Teacher Evaluation System). 4.31(3)(a) Collaboration in planning and teaching -- The candidate demonstrates the ability to work with other teachers from a variety of disciplines and grade levels to systematically integrate Colorado Academic Standards skills. The candidate develops a collaborative culture and demonstrates the ability to model for students how to work collaboratively with one another and provide evidence of new thinking and 4.31(3)(b) Technology integration – The candidate is knowledgeable in recommending current and meaningful use of technology and is part of school-level technology discussions. The candidate models a classroom that integrates skills from the Colorado Academic Standards (i.e., critical thinking, invention, information literacy and digital citizenship) through the use of innovative technology strategies. The candidate demonstrates the ability to utilize a variety of current technology tools in the classroom and to incorporate emerging tools as they become available, as well as the ability to have a digital presence within their schools and learning communities. 4.31(3)(c) Assessment of learning – The candidate demonstrates the ability to develop consistent means of assessing how well students are acquiring essential skills and knowledge through the use of formative or summative assessments such as rubrics, checklists and journaling. 4.31(3)(d) Learning environment – The candidate demonstrates the ability to create and maintain a flexible, dynamic learning environment with the goal of producing successful learners skilled in multiple literacies. 4.31(3)(e) Collection development – The candidate demonstrates the ability to develop and implement policies in collaboration with district and appropriate school personnel for collection development/selection, weeding criteria and the reconsideration of challenged resources, with procedures used to defend the challenged material, that is consistent with the mission, goals and objectives of the school building and school district, through: 4.31(3)(e)(i) materials acquisition and organization – The candidate demonstrates the ability to select a balanced collection of digital and print resources that meet the diverse curricular, personal and professional needs of students, teachers and administrators. The candidates demonstrates the ability to organize collections for easy access, one that aligns to curriculum, meets independent reading needs and reflects diverse points of view; 4.31(3)(e)(ii) resource review – The candidate identifies and provides support for diverse student information needs. The candidate models multiple strategies for students, other teachers and administrators to locate, evaluate and ethically use information for specific purposes. The candidate collaborates with students, other teachers and administrators to efficiently access, interpret and communicate information; and 4.31(3)(e)(iii) materials deselection – The candidate regularly weeds the collection to create a viable and current collection for an aesthetically pleasing environment designed to meet the diverse curricular, personal and professional needs of students, teachers and administrators. 4.31(3)(f) Program management – The candidate designs strong library programs with resources, services, policies, procedures and programming that are aligned with the school’s goals. The candidate demonstrates the ability to practice the ethical principles of their profession, advocate for intellectual freedom and privacy, and promote and model digital citizenship and responsibility. The candidate educates the school community on the ethical use of information and ideas. 4.31(3)(g) Supervision – The candidate demonstrates knowledge of the ability to recruit, supervise and evaluate library staff and volunteers. 4.31(3)(h) Budget management – The candidate demonstrates the ability to prepare, justify and maintain the school library program budget to ensure funding for the continuous acquisition of standards-based curriculum materials and services. The candidate displays the knowledge to pursue school-aligned alternative funding sources (such as grants or sponsorships) at the local, state and national level to enhance library funding and general program support. 4.31(3)(i) Program analysis/advocacy – The candidate uses evidence-based action research to collect data. The candidate interprets and uses data to create and share new knowledge to improve practice in school libraries.

The candidate shows the ability to manage, organize and evaluate school library physical resources (facilities), fiscal resources (budgets) and human resources (personnel) to ensure the school library program recognizes, celebrates and advocates for the curricular, personal and professional needs of all stakeholders. 4.31(4) Quality standard 4: reflect on practice –A teacher reflects on personal teaching practice (CDE Model Teacher Evaluation System). 4.31(4)(a) Strategic planning – The candidate displays the leadership skills to develop school-aligned yearly goals (growth plans, action plans, etc.) as a guide to creating a library program and instruction that positively impacts student achievement and helps students thrive in today’s society. The candidate demonstrates the ability to effectively use feedback and data to measure implementation of yearly growth plan goals. The candidate makes effective use of data and information to assess how the library program addresses the needs of diverse communities. 4.31(4)(b) Lifelong learning – The candidate plans for ongoing professional growth and know-how to articulate a personal learning network: 4.31(4)(b)(i) instructional/digital coach – The candidate displays the ability to work directly and indirectly with teachers, staff and the building principal(s) to improve the effectiveness of classroom instruction and increase student learning, performance and overall achievement especially in the areas of technology skills and digital literacy (information literacy, technology literacy and digital citizenship); and 4.31(4)(b)(ii) professional development – The candidate demonstrates the ability to be an instructional leader who develops and leads a variety of technology professional development opportunities (aligned with school’s goals) for staff. 4.31(5) Quality standard 5: leadership and professional learning – A teacher demonstrates leadership (CDE Model Teacher Evaluation System). 4.31(5)(a) Development and/or leading professional learning networks (PLN’s) –The teacher-librarian educator shall self-assess effectiveness based on student achievement and pursue continuous professional development in a variety of ways (e.g. digitally, in- person and networking) through appropriate activities, coursework and participation in relevant 4.31(5)(b) Family and community engagement – The candidate understands the importance of partnering with families to coordinate learning between home and school and advocates for the inclusion of teachers and families in education and government decision-making processes. 4.32 Adapted Physical Education (Ages 3-21) 4.32(1) The adapted physical education educator has a strong foundational knowledge of the major theories, concepts and research pertaining to: 4.32(1)(a) human growth and development and its unique application to students with disabilities including; 4.32(1)(a)(i) the principles behind how motor skills are learned and developed; 4.32(1)(a)(ii) advanced motor development, gross motor skills and patterns, physical and motor fitness, the physiological and biomechanical applications for students with disabilities; and 4.32(1)(a)(iii) psychomotor, cognitive and affective learning outcomes of physical education; 4.32(1)(b) the disability categories and other impairments and their effect on typical development including; 4.32(1)(b)(i) the specific learning styles, contraindications and medical implications associated with different disabilities; 4.32(1)(b(ii) communication styles of students with disabilities, including those who are nonverbal or have limited verbal expression, and the use of assistive technology; and 4.32(1)(b)(iii) the unique social-emotional attributes of students with disabilities and their effect on peer interaction and participation; 4.32(1)(c) the needs and characteristics of students with disabilities and the developmental challenges that can prevent them from participating in physical education exercises and activities including; 4.32(1)(c)(i) the use of and safety concerns related to specialized equipment used by students with disabilities; 4.32(1)(c)(ii) the social implications and impact the use of such equipment has on the student, educator and classroom environment; and 4.32(1)(d) creating safe, engaging and inclusive environments for all students to receive services, support and instruction in the least restrictive 4.32(2) The adapted physical education educator is knowledgeable about the importance of student evaluation, and the administration and use of standardized and/or criterion-referenced instruments for assessing and determining the current level of motor performance in students with disabilities via: 4.32(2)(a) fitness and motor skills tests, reflex and perceptual inventories, motor development profiles and direct measures; 4.32(2)(b) the comparison of norm-referenced and criterion-reference assessments; 4.32(2)(c) formal and informal methods for gathering both qualitative and quantitative data on motor performance, physical fitness, play, recreation, leisure and sports concepts and skills; and 4.32(2)(d) effective and appropriate reporting and communication about assessment results to all members of the individualized education program (IEP) team. 4.32(3) The adapted physical education educator is knowledgeable about the professional, legal and ethical practices of adapted physical education and: 4.32(3)(a) understands federal and state special education laws and other regulations that govern adapted physical education in the state of Colorado, including: 4.32(3)(a)(i) the IEP development process and implementation; 4.32(3)(a)(ii) eligibility requirements for adapted physical education 4.32(3)(a)(iii) the adapted physical education educator’s role in the IEP process and data collection for progress monitoring; and 4.32(3)(b) conducts themself in an ethical manner when providing programs and services for students with disabilities. 4.32(4) The adapted physical education educator is knowledgeable about the methodology of teaching and engaging students with disabilities and able to: 4.32(4)(a) advocate for and effectively implement appropriate instructional strategies, adaptations and accessibility for attaining individualized, measurable goals for students with disabilities using safe and developmentally appropriate physical education in a variety of settings, related to: 4.32(4)(a)(i) behavior management; 4.32(4)(a)(ii) equipment development and adaptation (e.g., modifications and/or accommodations); 4.32(4)(a)(iii) unified physical education, reverse inclusion and team and/or co- teaching; and 4.32(4)(a)(iv) research- and evidence-based practice; 4.32(4)(b) collaborate and consult with other instructors and service providers, family members and community-based organizations; 4.32(4)(c) develop and implement extracurricular athletic programs and interscholastic adapted sports programs for students with disabilities; and 4.32(4)(d) implement sequential and continuous transition planning for students with disabilities to ensure postsecondary and workforce readiness, successful transition to adulthood, and enhance the student’s ability to incorporate appropriate fitness and wellness activities across the student’s lifespan. 4.32(5) The adapted physical education educator is knowledgeable about the cultural values of students with disabilities and able to demonstrate and effectively instruct these students about: 4.32(5)(a) the activities specified in section 4.16 of these rules; 4.32(5)(b) movement opportunities and sport and recreation options outside the classroom for lifelong wellness, including intramural and lifetime sports and community-based support services and funding; 4.32(5)(c) emotional regulation; and 4.32(5)(d) social skills, identity, self-advocacy and acceptance of self and peers. 4.32(6) The adapted physical education educator shall self-assess the effectiveness of instruction and practice based on their students with disabilities’ achievement and pursue continuous professional development through appropriate activities, coursework and participation in relevant professional organizations. 4.33 Reading Specialist (Grades K-12)

The following standards must be part of a master’s degree program in reading for the preparation of reading specialists: 4.33(1) The reading specialist is knowledgeable about literacy assessments and evaluation and is able to: 4.33(1)(a) utilize and implement validated screening assessments designed to identify students at risk for reading difficulties, including students who are multi-lingual and English-language learners; 4.33(1)(b) utilize information from screening (interim) assessments, diagnostic surveys, progress monitoring and descriptive data to: 4.33(1)(b)(i) make instructional decisions regarding content, entry point, pace, intensity and student group; and 4.33(1)(b)(ii) determine appropriate methods for literacy instruction and intervention. 4.33(1)(c) support teachers in administering, understanding, interpreting and using the results of formal and informal assessments in reading, spelling, writing and relevant literacy subskills that are targeted for instruction; 4.33(1)(d) administer and interpret diagnostic assessments of: 4.33(1)(d)(i) phonological and phonemic awareness; 4.33(1)(d)(ii) decoding skill, oral reading fluency and comprehension; and 4.33(1)(d)(iii) spelling and writing. 4.33(1)(e) utilize formative and summative assessment data to: 4.33(1)(e)(i) evaluate instructional effectiveness at all levels – student, classroom, grade, school and district – to inform decisions about resources and instruction; and 4.33(1)(e)(ii) set and evaluate specific and measurable short- and longterm goals for the student, classroom and/or school. 4.33(2) The reading specialist is knowledgeable about the nature, manifestations and prevalence of and research-supported treatments for reading and writing difficulties and: 4.33(2)(a) recognizes that dyslexia, dysgraphia and other reading disorders exist along a continuum of severity; 4.33(2)(b) understands how reading difficulties and their characteristics may change over time in response to instruction and development; 4.33(2)(c) understands how both intrinsic and extrinsic factors contribute to reading difficulties, including how certain conditions/exceptionalities can affect reading (e.g., Attention Deficit Hyperactivity Disorder, Autism Spectrum Disorder and language processing and comprehension disorders); 4.33(2)(d) recognizes the social-emotional impact reading difficulties may have on students and their families; 4.33(2)(e) has a foundational knowledge of the tenets of National Institute of Child Health and Human Development (NICHD)/International Dyslexia Association’s (IDA) definition of dyslexia; and 4.33(2)(f) recognizes the distinguishing characteristics of a person with dyslexia. 4.33(3) The reading specialist is trained to effectively instruct, direct or supervise instruction of students with reading disorders and demonstrates expertise and advanced knowledge and application of: 4.33(3)(a) processes, strategies and approaches to reading; 4.33(3)(b) explicit, systemic and evidence-based learning and instruction addressing: 4.33(3)(b)(i) the five components of scientifically based reading, including phonemic awareness, phonics, vocabulary, fluency, and comprehension; 4.33(3)(b)(ii) cognitive skills associated with reading success (e.g., working memory, rapid naming ability, metacognition); 4.33(3)(b)(iii) oral language and writing development; and 4.33(3)(c) targeted, structured multisensory instruction strategies for phonologically based disorders. 4.33(4) The reading specialist shall self-assess the effectiveness of instruction, direction and/or supervision based on the achievement of students and pursue 5.00 Special Services Endorsement Standards In addition to a demonstrated understanding of strict data privacy and security practices; special education regulations as specified in 11.02 of these rules; professional practices to address multiple pathways for students to be postsecondary and workforce ready as outlined in sections 22-2-106, 22-2-136, 22-7-1003(15) and 22-32-109, C.R.S.; English Learner Quality Standards specified in 4.00 of these rules; and individual endorsement standards outlined in 5.01 and 5.02 of these rules, the following serve as standards for authorization of programming and content for educator preparation programs and licensing of school psychologists and school counselors in Colorado: 5.00(1) Development and approval of new endorsement areas and discontinuance of endorsement areas: 5.00(1)(a) The Colorado State Board of Education may establish by rule and

regulation appropriate endorsements and the criteria for such endorsements. 5.00(1)(b) The department must utilize appropriate content are representatives from among the education community and interested stakeholders to develop the recommendations for consideration by the State Board of Education with regard to the adoption of new endorsement areas or the discontinuance of endorsement areas that are no longer relevant or applicable to student needs. 5.00(2) Special Services Provider Quality Standards 5.00(2)(a) Quality Standard I: Special services providers demonstrate mastery of and expertise in the domain for which they are responsible.  Element A: Special services providers provide services aligned with state and federal laws, local policies and procedures, Colorado Academic Standards, their district’s organized plans of instruction and the individual needs of their students.  Element B: Special services providers demonstrate knowledge of effective services that support learning.  Element C: Special services providers demonstrate knowledge of their professions and integrate evidence-based practices and research findings into their services. 5.00(2)(b) Quality Standard II: Special services providers support or establish safe, inclusive and respectful learning environments for a diverse population of students.  Element A: Special services providers foster a safe and accessible learning environment characterized by acceptable student behavior and efficient use of time, in which each student has a positive, nurturing relationship with caring adults and peers.  Element B: Special services providers understand and respond to diversity within the home, school and community.  Element C: Special services providers engage students as individuals with diverse needs and interests, across a range of ability levels, by adapting services for the benefit of students.  Element D: Special services providers work collaboratively with the families and/or significant adults for the benefit of students. 5.00(2)(c) Quality Standard III: Special services providers plan and deliver effective services in an environment that facilitates student learning.  Element A: Special services providers apply knowledge of the ways in which learning takes place, including the appropriate levels of intellectual, physical, social and emotional development of their students.  Element B: Special services providers utilize formal and informal assessments to inform service delivery.  Element C: Special services providers utilize appropriate, available technology to engage students in authentic learning experiences.  Element D: Special services providers establish and communicate high expectations and support the development of critical-thinking, problem-solving and self-advocacy skills.  Element E: Special services providers develop and implement services related to student needs, learning, and progress towards goals.  Element F: Special services providers model and promote effective communication. 5.00(2)(d) Quality Standard IV: Special services providers demonstrate professionalism through ethical conduct, reflection, and leadership.  Element A: Special services providers demonstrate high standards for ethical and professional conduct.  Element B: Special services providers link professional growth to their professional goals.  Element C: Special services providers respond to a complex, dynamic  Element D: Special services providers demonstrate leadership and advocacy in the school, the community and their profession. 5.01 School Psychologist (Ages 0-21)

The following must be part of an Education Specialist (Ed.S.) program of at least 60 graduate semester hours or of a doctoral program for the preparation of school psychologists. 5.01(1) The school psychologist is knowledgeable about human learning processes from infancy to young adulthood, techniques to assess these processes, and direct and indirect services applicable to the development of cognitive and academic skills; and is able to: 5.01(1)(a) apply learning, motivation and developmental theories to improve learning and achievement for all children/students; 5.01(1)(b) utilize developmentally appropriate practices that support the education of children/students ages birth-21 with disabilities or delays in 5.01(1)(c) use results from ongoing assessment(s) in the development of appropriate cognitive and academic goals for children/students with differing abilities, disabilities, strengths and needs; 5.01(1)(d) implement interventions such as consultation, behavioral assessment/intervention and counseling to achieve student goals; and 5.01(1)(e) evaluate the effectiveness of interventions and modify as necessary and appropriate. 5.01(2) The school psychologist is knowledgeable about a wide variety of models and methods of informal and formal assessment across ages birth-21 that can identify strengths and needs, and measure progress and functioning, in school, home and community environments, and is able to: 5.01(2)(a) select evaluation methods and instruments that are most appropriate and based upon effective up-to-date measurement theory and research; 5.01(2)(b) implement a systematic process to collect data including, but not limited to, test administration; interviews and observations; behavioral, curriculum- and play- based assessments and ecological or environmental evaluations; 5.01(2)(c) translate assessment results into empirically based decisions about service delivery to promote child/student achievement; and 5.01(2)(d) evaluate the outcomes of programs and services incorporating appropriate and relevant research design, statistics and methodology. 5.01(3) The school psychologist is knowledgeable about typical and atypical human developmental processes from birth to adulthood; the techniques to assess these processes; and the application of direct and indirect services for individuals, groups and families and, in collaboration with others, is able to: 5.01(3)(a) develop appropriate behavioral, affective, adaptive, social and transition goals for students of varying abilities, disabilities, strengths and needs; 5.01(3)(b) implement interventions and services including, but not limited to, consultation, behavioral assessment and intervention, counseling and interagency collaboration based on identified goals; and 5.01(3)(c) evaluate the intervention(s) and modify as needed and appropriate to increase and assure effectiveness. 5.01(4) The school psychologist is knowledgeable about individual diversity, abilities and disabilities, and the influence of social, cultural, ethnic, socioeconomic, gender-related and linguistic factors on development, learning and behavior, and is able to: 5.01(4)(a) identify biological, cognitive, affective, developmental, social and cultural bases that contribute to individual differences.; 5.01(4)(b) identify risk and resiliency factors; 5.01(4)(c) recognize psychopathology and articulate its potential influence on school functioning; 5.01(4)(d) demonstrate the sensitivity, skills and respect necessary to work with diverse types of individuals and families; 5.01(4)(e) display respect for diversity in social and cultural backgrounds and linguistic differences when working with families, school personnel and community agencies; and 5.01(4)(f) select and/or adapt prevention and intervention strategies based on individual characteristics, strengths and needs to improve learning, achievement and adaptive functioning for all children/students. 5.01(5) The school psychologist is knowledgeable about general education, special education, other educational and related services, the importance of multiple systems and their interactions, and organizational practices that maximize learning, and is able to: 5.01(5)(a) develop and implement policies and practices that create and maintain safe, supportive and effective learning environments; 5.01(5)(b) participate in and facilitate school reform efforts; and 5.01(5)(c) translate federal and state law, state rules and regulations and local policy into building- and district-level practice. 5.01(6) The school psychologist is knowledgeable about models of effective evidence-based programs as related to health promotion; school safety; and primary, secondary and tertiary intervention, and is able to: 5.01(6)(a) implement school-wide prevention and intervention programs which may include, but are not limited to, individual and group counseling, affective education and positive behavior interventions and supports to promote the mental health, physical well-being and the achievement of children/students of all ages; 5.01(6)(b) participate in risk assessments and crisis response planning, to promote and maintain school safety; and 5.01(6)(c) respond effectively to crisis situations. 5.01(7) The school psychologist is knowledgeable about collaboration and consultation models and methods and their applications in school, family and community systems, and is able to: 5.01(7)(a) consult and collaborate effectively with children/students, school personnel, families and community professionals to promote and provide comprehensive services to children and families and to advance student achievement; 5.01(7)(b) communicate information that is readily understandable to students, families, educators and community members during meetings, in-services and consultations; 5.01(7)(c) promote family involvement in education and service delivery; 5.01(7)(d) collaborate with families and other service providers to meet the needs of infants, toddlers and preschoolers in home and community settings and 5.01(7)(e) link community resources that serve infants, toddlers, children, adolescents, young adults and their families and facilitate children's/students' transitions across various service delivery systems. 5.01(8) The school psychologist is knowledgeable about the history and foundations of school psychology, standards for legal and ethical practice, evidence-based service models and methods and public policy, and is able to: 5.01(8)(a) demonstrate professional leadership that exemplifies a personal and professional commitment to ethical, professional and legal standards; 5.01(8)(b) practice in accordance with all applicable federal and state statutes, rules, regulations and local policies, especially those concerning due process, informed consent, privacy rights and confidentiality; 5.01(8)(c) integrate information sources and current technology to enhance quality of service; 5.01(8)(d) utilize data-based decision-making in all aspects of professional practice; 7.06(8)(d) maintain professional preparation, development and supervision as related to the population served; and 5.01(8)(e) contribute professionally to the advancement of school psychology. 5.01(9) The school psychologist shall self-assess the effectiveness of practice, direction and/or supervision based on the well-being and achievement of students and pursue continuous professional development through appropriate activities, coursework and participation in relevant professional organizations. 5.02 School Counselor (PreK-12)

The following must be part of a master’s or higher degree program for the preparation of school counselors. 5.02(1) The school counselor is knowledgeable about and able to demonstrate competency in communication, consultation and collaboration with education partners, and: 5.02(1)(a) apply confidentiality, informed consent, documentation and information-sharing practices in accordance with established ethical and legal guidelines; and 5.02(1)(b) effectively communicate and collaborate with diverse education partners to plan and deliver a comprehensive program that improves student academic outcomes and career and social-emotional 5.02(2) The school counselor is knowledgeable about comprehensive school counseling frameworks and developmentally appropriate school counseling practices, and is able to: 5.02(2)(a) effectively provide short-term, school-based counseling and responsive services for individuals and groups using developmentally appropriate techniques and theories to support academic, college and career and social-emotional needs within the scope of practice; 5.02(2)(b) assist students in effectively addressing factors that impede learning and school engagement, including life transitions, stress and trauma; 5.02(2)(c) identify, select and implement interventions grounded in child and adolescent development theory; and 5.02(2)(d) apply understanding of historical, cultural, political, traumatic and social influences on current educational and school counseling practices. 5.02(3) The school counselor is knowledgeable about and demonstrates competency in prevention, intervention, postvention and crisis response and appropriate referral resources and procedures, and is able to: 5.02(3)(a) recognize, identify and respond to warning signs and influence of social, emotional, cultural and systemic factors impacting student learning and safety; 5.02(3)(b) identify and implement effective evidence-based prevention and intervention strategies and programs; and 5.02(3)(c) participate in collaborative school and district crisis response teams (e.g., Student Assistance Teams and Multi-Tiered Systems of Support teams) to effectively identify and address emotional/behavioral needs, support student safety and connect students and their families with appropriate resources and supports. 5.02(4) The school counselor is knowledgeable about and demonstrates the ability to address social and cultural factors in program planning for student academic, career and social-emotional progress and development, and is able 5.02(4)(a) create and implement equitable school counseling practices by identifying and responding to the impact of social, cultural, racial and economic factors on student outcomes; 5.02(4)(b) design and deliver school counseling programming and educational opportunities that ensure equitable access and are responsive to students’ diverse social, cultural and individual contexts into all planning; and 5.02(4)(c) contribute to and/or establish safe, inclusive and respectful learning environments through data-driven prevention programming, responsive practices, collaboration and systems-level advocacy that support diverse student populations. 5.02(5) The school counselor demonstrates knowledge of and the ability to deliver developmentally appropriate career development and education planning across PreK-12 settings, and is able to: 5.02(5)(a) assist students in developing, refining and continuously monitoring measurable personal, educational and occupational goals using appropriate tools and data; 5.02(5)(b) facilitate students’ awareness, exploration, understanding and use of their strengths, interests and developing skills to support future planning and decision-making in ways that are appropriate across all grade levels; 5.02(5)(c) assist students in navigating and successfully completing PreK-12 and postsecondary transitions; and 5.02(5)(d) design and deliver developmentally appropriate school counseling instruction that promotes students’ academic, career and social-emotional 5.02(6) The school counselor demonstrates competency in the use of assessment and data to support student success and evaluate program effectiveness, and is able to: 5.02(6)(a) analyze and interpret standardized assessment data to inform the counseling program; 5.02(6)(b) communicate assessment findings and implications to students, families and other relevant education partners; 5.02(6)(c) use data to evaluate student outcomes and the impact of the school counseling program; and 5.02(6)(d) understand theoretical bases, validity and reliability, diverse appraisal methods and related cultural, legal and ethical issues. 5.02(7) The school counselor is knowledgeable about and uses research, needs assessments, program evaluation and data-informed decision-making to improve school counseling programs, and is able to: 5.02(7)(a) use data to design, implement and evaluate comprehensive school counseling programming and continuous improvement efforts; 5.02(7)(b) use data to advocate for systemic changes in policy, procedures and school planning that enhance student academic achievement, attendance, behavior and well-being; and 5.02(7)(c) use digital literacy and tools to create, manage, evaluate and critically apply data in all aspects of school counseling practice, assessment and education partner communication. 5.02(8) The school counselor is knowledgeable about professional identity and leadership, legal and ethical practice, current trends, professional standards and the role of professional organizations, and is able to: 5.02(8)(a) engage in ongoing professional development and critical reflection to improve practice and professional growth and advocate for students and the school counseling profession; 5.02(8)(b) collaborate with other educational and support professionals to meet diverse student academic, behavioral and mental health needs; 5.08(c) apply knowledge of legal and ethical standards, including district policy, state and federal laws and regulations and national school counseling standards to support academic, career readiness and socialemotional development; and 5.02(8)(d) demonstrate collaboration, advocacy and leadership through comprehensive program implementation within the school system and broader educational community. 6.00 Principal and Administrator Endorsement Standards 6.01 Principal Endorsement Standards In addition to demonstrating an understanding of the Colorado Academic Standards; the Colorado Reading To Ensure Academic Development Act (Colorado READ Act) including the evidence-based training standards for school administrators as outlined in 1 CCR 301-92, rule 13.01(D)(1-4); strict data privacy and security practices; special education laws regulations as specified in 11.02 of these rules; educator evaluator training standards as outlined in 1 CCR 301-87, rule (5.3)(H)(2)(a)-(e);a principal must understand professional practices necessary to address multiple pathways for students to be postsecondary and workforce ready, as outlined in sections 22-2-106, 22-2-136, 22-7-1003(15), and 22-32-109, C.R.S., and the English Learner Quality Standards specified in 4.00 of these rules.

The following standards must guide the development of the content of principal preparation programs offered by accepted institutions of higher education, designated agencies and individualized alternative principal programs and must guide the ongoing professional development of these principals in Colorado. 6.01(1) Quality Standard I: Principals demonstrate organizational leadership by strategically developing a vision and mission, leading change, enhancing the capacity of personnel, distributing resources and aligning systems of communication for continuous school improvement.  Element A: Principals collaboratively develop the vision, mission and strategic plan, based on a cycle of continuous improvement of student outcomes, and facilitate their integration into the school community.  Element B: Principals collaborate with staff and stakeholders to implement strategies for change to improve student outcomes.  Element C: Principals establish and effectively manage systems that ensure high-quality staff.  Element D: Principals establish systems and partnerships for managing all available school resources to facilitate improved student outcomes.  Element E: Principals facilitate the design and use of a variety of communication strategies with all stakeholders. 6.01(2) Quality Standard II: Principals demonstrate inclusive leadership practices that foster a positive school culture and promote safety and equity for all students, staff and community members.  Element A: Principals create a professional school environment and foster relationships that promote staff and student success and well-being.  Element B: Principals ensure that the school provides an orderly and supportive environment that fosters a sense of safety and well-being.  Element C: Principals commit to an inclusive and positive school environment that meets the needs of all students and promotes the preparation of students to live productively and contribute to the diverse cultural contexts of a global society.  Element D: Principals create and utilize systems to share leadership and support collaborative efforts throughout the school.  Element E: Principals design and/or utilize structures and processes which result in family and community engagement and support. 6.01(3) Quality Standard III: Principals demonstrate instructional leadership by: aligning curriculum, instruction and assessment; supporting professional learning; conducting observations; providing actionable feedback; and holding staff accountable for student outcomes.  Element A: Principals establish, align and ensure implementation of a district/BOCES plan of instruction, instructional practice, assessments and use of student data that result in academic growth and achievement for all students.  Element B: Principals foster a collaborative culture of job-embedded professional  Element C: Principals demonstrate knowledge of effective instructional practice and provide feedback to promote continuous improvement of teaching and  Element D: Principals hold all staff accountable for setting and achieving measurable student outcomes. 6.01(4) Quality Standard IV: Principals demonstrate professionalism through ethical conduct, reflection and external leadership.  Element A: Principals demonstrate high standards for professional conduct.  Element B: Principals link professional growth to their professional goals.  Element C: Principals build and sustain productive partnerships with key community stakeholders, including public and private sectors, to promote school improvement, student learning and student well-being. 6.02 Administrator Endorsement Standards In addition to knowledge of and the ability to demonstrate the requirements in section 6.01 (Principal Quality Standards) of these rules and the English Learner Quality Standards in section 4.00 of these rules, the following administrator rules describe additional competencies required to lead at the district level and serve as standards for authorization of program content for educator preparation programs preparing administrators and licensing of all administrator candidates in Colorado. 6.02(1) Administrator Quality Standards 6.02(1)(a) Quality Standard I: Administrators demonstrate organizational leadership.  Element A: Administrators establish the district/program vision, mission and strategic plan;  Element B: Administrators engage in continual and sustainable district/program improvement;  Element C: Administrators direct the recruitment, development, supervision, evaluation and retention of high-quality personnel;  Element D: Administrators foster district and community partnerships;  Element E: Administrators maintain open communication with internal and external stakeholders;  Element F: Administrators oversee fiscal and resource management, as well as resource-development strategies; and  Element G: Administrators ensure compliance with policies, laws, rules and regulations. 6.02(1)(b) Quality Standard II: Administrators demonstrate inclusive leadership practices and systems .  Element A: Administrators establish coherent systems of teaching, learning and leading, including curricular and extracurricular activities;  Element B: Administrators foster positive culture and climate for staff and student success and well-being;  Element C: Administrators maintain safe and orderly environments for the protection and welfare of all;  Element D: Administrators ensure equitable and inclusive practices to address diverse student populations and needs;  Element E: Administrators develop systems for collaborative and distributed leadership; and  Element F: Administrators value and champion family and community engagement. 6.02(1)(c) Quality Standard III: Administrators demonstrate instructional leadership .  Element A: Administrators establish and maintain aligned systems of curriculum, instruction and assessment;  Element B: Administrators promote professional learning for all staff that supports student learning;  Element C: Administrators focus on student outcomes for growth, achievement, engagement and post-secondary and workforce readiness;  Element D: Administrators engage in continuous improvement accountability systems (e.g., goal setting, data-informed decisions, multitiered systems of support and research-based practices). 6.02(1)(d) Quality Standard IV: Administrators demonstrate professionalism .  Element A: Administrators exhibit ethical behavior and establish professional norms;  Element B: Administrators engage in conflict resolution, problem solving and decision making;  Element C: Administrators foster and maintain board-administrator relationships;  Element D: Administrators develop partnerships with internal stakeholders and external organizations; and  Element E: Administrators engage in democratic and civic participation and advocacy. 6.02(2) Director of Special Education Endorsement Standards In addition to knowledge of and the ability to demonstrate the requirements in sections 6.02(1) of these rules (Administrator Quality Standards), the following standards must be addressed by an accepted institution of higher education’s director of special education initial preparation program in Colorado. They are also the standards for the ongoing professional development of these educators. The specific performance indicators for each of these standards must be described in the Department’s Performance Indicators for Professional Competency Standards. 6.02(2)(a) Quality Standard I – Foundations for Leadership: The director of special education must have a solid foundation for leadership.  Element A: Directors of special education demonstrate a comprehensive knowledge of special education organization, programs, laws and best practices.  Element B: Directors of special education set high standards and a positive direction for special education consistent with the values, mission and vision of the state and administrative unit. 6.0(2)(2)(b) Quality Standard II – Special Education and School Systems:

The director of special education must demonstrate knowledge of organizational culture.  Element A; Directors of special education apply a systems approach to the development of special education programs and processes .  Element B: Directors of special education facilitate effective system change. 6.02(2)(c) Quality Standard III – Law and Policy: The director of special education is knowledgeable about and able to apply relevant federal and state statutes, regulations, case law and policies that impact all children, including those with disabilities. 6.02(2)(d) Quality Standard IV – Instructional Leadership: The director of special education is able to integrate general education and special education, including curriculum, instructional strategies, assessments and individualized instruction, in support of academic achievement for all children, including those with disabilities. 6.02(2)(e) Quality Standard V – Program Planning and Organization: The director of special education is able to evaluate the efficacy and efficiency of special education programs, facilities, services and monitoring systems.

The director is able to use the evaluation data to improve the programs and services for all children, including those with disabilities. 6.02(2)(f) Quality Standard VI – Human Resource Functions: The director of special education must have the knowledge and ability to recruit, retain and evaluate qualified personnel. 6.02(2)(g) Quality Standard VII – Parent, Family and Community Engagement: The director of special education is knowledgeable about and able to facilitate partnerships and engage parents, families and communities in the implementation of special education programs. 6.02(2)(h) Quality Standard VIII – Budget and Resources: The director of special education is knowledgeable about and able to demonstrate school district budgeting and resource allocation, including those related to special education. 6.02(3) Director of Gifted Education Endorsement Standards In addition to knowledge of and the ability to demonstrate the requirements in section 6.02 (Administrator Quality Standards) of these rules, the following standards must be addressed by the director of gifted education initial preparation program offered by accepted institutions of higher education in Colorado. They must also guide the ongoing professional development of these educators. The director of gifted education must demonstrate the performance indicators specific to gifted education and the Department’s Performance Indicators for Professional Competency Standards. 6.02(3)(a) Quality Standard I - Foundations for Leadership: The director of gifted education is knowledgeable about professional, ethical leadership and supports educators, students, family and community members to effectively address outcomes for gifted learners. The director sets high standards and a positive direction for gifted education consistent with values, mission and vision of the state and administrative unit.  Element A: The director of gifted education demonstrates methods to develop vision, mission, goals and design for gifted education programs.  Element B: The director brings together stakeholders to implement general program and gifted- student goals and best practices in gifted education.  Element C: The director implements collaborative decision-making strategies, as appropriate.  Element D: The director applies knowledge of models and practices in change theory for improvement efforts.  Element E: The director is able to define, advocate for, and make changes with regard to issues in gifted education. 6.02(3)(b) Quality Standard II - Gifted Education and School Systems:

The director of gifted education is knowledgeable about organizational culture, applies a systems approach to the development of gifted education programs and implements processes in order to facilitate effective system change.  Element A: The director of gifted education understands how systems within a district or administrative unit influence gifted-student instruction and performance.  Element B: The director fosters a school and community culture that supports gifted-student programming within and outside the school setting.  Element C: The director applies a systems approach for developing gifted programs to enhance integrated support and service to gifted students and their families. 6.02(3)(c) Quality Standard III - Law and Policy: The director of gifted education must have comprehensive knowledge and the ability to apply state and federal laws, regulations, case laws and policies that impact all children, including those with exceptional academic and talent aptitude.  Element A: The director of gifted education demonstrates proficiency in gifted education policy, regulations, case law and federal programs supporting key instructional needs of gifted students.  Element B: The director identifies needs and recommends and promotes new policies.  Element C: The director clarifies law and regulations for all stakeholders.  Element D: The director ensures implementation of privacy laws and district confidentiality and privacy policies.  Element E: The director develops, revises, and/or make recommendations to amend school board or administrative unit policy to align with laws and regulations. 6.02(3)(d) Quality Standard IV - Instructional Leadership: The director of gifted education is able to blend the resources of general and gifted education for the positive benefit of gifted students. The director is knowledgeable about best practices for gifted learners, including specialized curriculum, effective instructional strategies, assessments, social- emotional/affective support and individualized instruction.  Element A: The director of special education demonstrates knowledge of and support for identification methods and procedures.  Element B: The director interprets and shares data to increase the identification of under-identified, underserved populations and aligns professional development initiatives to needs.  Element C: The director understands models of differentiation, acceleration and research-based instructional practices that support rigor, challenge, depth and complexity in instruction and assessment for gifted  Element D: The director establishes high expectations for all gifted students and families, including underserved populations and twiceexceptional learners.  Element E: The director monitors standards-based advanced learning plans in order to ensure alignment of programming options to gifted students’ needs.  Element F: The director blends the instructional needs of gifted students into the school system.  Element G: The director supports and defends gifted education initiatives within the general education setting. 6.02(3)(e) Quality Standard V - Program Planning and Organization: The director of gifted education evaluates the efficacy and efficiency of gifted education programing, delivery settings, services and monitoring systems and uses evaluation data to improve the programs and services for all children, including those with exceptional academic and talent aptitude.  Element A: The director of gifted education designs and implements needs-assessments and uses data to inform restructuring or adjustments to gifted programs.  Element B: The director develops and implements action plans for gifted education based upon student outcomes, challenges, root causes, improvement strategies and benchmarks.  Element C: The director is knowledgeable about effective, research-based gifted education models and practices that have positive impacts on gifted  Element D: The director supports and/or builds gifted programs that effectively embed district and alternative pathways to college and career outcomes. 6.02(3)(f) Quality Standard VI - Human resource functions: The director of gifted education is able to recruit, retain, supervise and evaluate qualified personnel.  Element A: The director of gifted education understands educator effectiveness standards in order to observe and evaluate teachers of gifted students.  Element B: The director designs ongoing professional development that increases educators’ capacity to understand and address the needs of gifted students.  Element C: The director promotes an understanding and sensitivity toward culture, ethnicity and diversity of language within staff and student body.  Element D: The director understands the skills and knowledge necessary for educators to meet the specific needs of gifted and talented students. 6.02(3)(g) Quality Standard VII - Parent, Family and Community Partnership: The director of gifted education is knowledgeable about effective communication, decision-making, problem- solving and conflict-resolution strategies. The director must be able to facilitate partnerships and engage parents, families, educators, administrators, students and communities in the implementation of gifted education programs.  Element A: The director of gifted education promotes understanding, resolves conflicts and builds consensus for improving gifted programs.  Element B: The director develops the infrastructure to include parents, families and the community in the gifted education program.  Element C: The director applies methods and systems to maximize parent and family involvement.  Element D: The director implements family partnership practices that support gifted student achievement and school involvement.  Element E: The director cooperatively develops and shares a vision for the district or administrative unit that supports and promotes gifted education. 6.02(3)(h) Quality Standard VIII - Budget and Resources: The director of gifted education must be able to budget and allocate resources related to gifted education.  Element A: The director of gifted education develops and manages a gifted education budget and facilitates stakeholders’ involvement in a collaborative budget development process.  Element B: The director leverages resources for gifted education within school systems.  Element C: The director’s gifted education budget addresses state requirements.  Element D: The director conducts research and needs assessments in order to accurately identify specific budget needs and promotes initiatives for gifted education funding through grants and other funding opportunities. 7.00 Renewal of Colorado Licenses The following must serve as standards for the renewal of initial and professional licenses and master certificates and endorsements thereon. 7.00(1) In the event that a license is expired, prior to submitting a renewal application and in addition to meeting the requirements outlined in in 7.01 and 7.02 of these rules, the applicant must submit fingerprints to CBI for a current criminal history check and the results must be transferred to the Department, as provided by section 2.04(1) of these rules. 7.01 Initial Licenses An initial teacher, special services, principal or administrator license and endorsements may be renewed once for a period of three years for applicants who have not completed the requirements for a professional license as specified in sections 3.05-3.07 of these rules. An initial license may be renewed for one or more additional three-year periods for good cause if the holder is unable to complete an approved induction program for reasons other than incompetence. A renewal request must include a complete application for renewal, payment of the required fee, evidence of satisfying any requirements established by these rules and a statement concerning the circumstances related to the applicant’s inability to complete the induction program. 7.02 Professional Licenses A professional teacher, special services, principal or administrator license and endorsements may be renewed for a period of seven years upon submission of a complete application for renewal, payment of the required fee and completion of professional development activities that meet the requirements of this section 7.02. To be eligible to renew a professional license, the holder must complete such activities within the period of time for which the professional license is valid or, if expired, within the seven years immediately preceding the date of application. A contact hour may be granted for every hour of active participation. An applicant for renewal must meet the following requirements: 7.02(1) Professional development activities: An educator requesting license renewal must complete professional development activities equivalent to six semester hours or 90 contact hours.

Applicants must electronically submit an affidavit attesting to the completion of applicable professional development. Such activities must be related to increasing the license-holder’s competence in his or her existing or potential endorsement area; to increasing the license- holder’s skills and competence in delivery of instruction in his or her existing or potential endorsement area; to evidence-based practices for teaching reading and literacy; or to culturally and linguistically diverse education. Professional development activities may be selected from one or more of the following: 7.02(1)(a) In-service education: School districts and BOCES are approved entities for in- service education programs. 7.02(1)(b) College or university credit: College or university credit may be earned from accepted institutions of higher education or accepted community, technical or junior colleges. Courses must be directly related to the standards for professional development as provided in section 7.02 of these rules. One semester hour equates to 15 contact hours. Copies of official transcripts may be submitted, in addition to the online affidavit form, as evidence of completion of college/university credit. Though submission of official transcripts is not required, the Department may audit renewal applications to verify college or university credit. 7.02(1)(c) Educational travel: Educational travel must be directly applicable to the endorsement area of the license-holder as documented by the licenseholder and accompanied by supervisor verification. Travel time to and from the intended destination must not be included in the hours accumulated. 7.02(1)(d) Involvement in school and/or district initiatives: When verified by the license- holder’s supervisor, activities may include, but are not limited to: 7.02(1)(d)(i) participation in school site or district accountability or improvement committee(s); 7.02(1)(d)(ii) curriculum, standards or assessment development or implementation in the license-holder’s endorsement area; 7.02(1)(d)(iii) the implementation of standards; 7.02(1)(d)(iv) the development or implementation of evidencebased practices for teaching reading, literacy or numeracy; and 7.02(1)(d)(v) professional development in the area of culturally and linguistically diverse education. 7.02(1)(e) Internships/Externships: Advanced field experiences offered as

part of graduate study or other professional training and designed to acquire knowledge or enhance the skills of the educator may qualify as an internship. The internship must be directly related to the standards for professional development as provided in section 7.02 of these rules.

Official transcripts or supervisor verification must be submitted, in addition to the online renewal summary form, as evidence of completion. 7.02(1)(f) Ongoing professional development and training experiences:

Online or in-person professional development confirmed by certificate or documentation of completion or instructor verification, attendance or presentation at professional conferences; service on statewide or national educational task forces or boards; professional research and publication; supervision of student teachers or interns; mentorships; and the pursuit of national educator certification. 7.02(2) For renewal of a professional teacher license, at least 10 of the 90 contact hours of professional development activities required must be related to: 7.02(2)(a) behavioral health training that is culturally responsive and traumaand evidence- informed; and 7.02(2)(b) increasing awareness of laws and practices relating to educating students with disabilities in the classroom, including, but not limited to, Child Find and inclusive learning environments. 7.02(2)(c) The behavioral health training required pursuant to section 7.02(2)(a) may include: 7.02(2)(c)(i) mental health first-aid training, specific to youth and teens; 7.02(2)(c)(ii) training modules concerning teen suicide prevention; 7.02(2)(c)(iii) training on interconnected systems framework for positive behavioral interventions and supports and mental health; 7.02(2)(c)(iv) training approved or provided by the school district where the teacher is employed; 7.02(2)(c)(v) training concerning students with behavioral concerns or disabilities; 7.02(2)(c)(vi) training modules concerning child traumatic stress; 7.02(2)(c)(vii) any other program or training that meets the requirements of rule 7.02(2)(a). 7.02(3) A teacher may obtain the 10 hours required by section 7.02(2) through any combination of courses as long as that combination includes at least one hour of training in each area. A single professional development course or activity may satisfy both content requirements. 7.02(4) For renewal of a professional special services, principal or administrator license, at least 10 of the 90 contact hours of professional development activities required for renewal must be in professional development activities related to increasing awareness of laws and practices relating to educating students with disabilities in the classroom, as described in section 7.02(2)(b). 7.02(5) Professional license-holders must meet the requirement outlined in this

section 7.02(2) or 7.02(4), as applicable, during the term of the license, each seven-year renewal cycle. 7.02(6) Except for the activities undertaken to satisfy the requirements of Rule 7.02(2) and 7.02(4) above, activities completed for professional license renewal must be directly related to one or more of the following standards: 7.02(6)(a) knowledge of subject matter content and learning, including knowledge and application of the Colorado Academic Standards, special education laws and processes, postsecondary workforce readiness, career counseling, multi-tiered systems of support and other appropriate student-based supports; 7.02(6)(b) knowledge of the Teacher Quality Standards, Special Services Provider Quality Standards, Principal Quality Standards and Administrator Quality Standards as outlined in sections 4.00 -6.00 of these rules; 7.02(6)(c) knowledge of the English Language Learner Educator Standards as outlined in section 4.00 of these rules; 7.02(6)(d) knowledge of content area endorsement standards as outlined in 1 CCR 301- 101; 7.02(6)(e) knowledge of the standards for preparation of special education and gifted education as outlined in sections 4.25 and 4.29 of these rules; 7.02(6)(f) knowledge of the Colorado Reading to Ensure Academic Development (READ) Act as outlined in 1 CCR 301-92; 7.02(6)(g) effective organization, leadership and management of human and financial resources to create a safe and effective working and learning environment; 7.02(6)(h) awareness of warning signs of dangerous behavior in youth and situations that present a threat to themselves and to the health and safety of students, and knowledge of the community resources available to enhance the health and safety of other students and the school community, youth mental health, safe de-escalation of crisis situations, recognition of signs of poor mental health and substance use, and support of students; 7.02(6)(i) effective teaching of the democratic ideal; 7.02(6)(j) recognition, appreciation and support for ethnic, cultural, gender, economic and human diversity to create inclusive learning environments that foster fair and equitable treatment and consideration for all; 7.02(6)(k) effective communication with students, colleagues, parents and the community; 7.02(6)(l) effective modeling of appropriate behaviors to ensure quality learning experiences for students and for colleagues; 7.02(6)(m) consistently ethical behavior and creation of an environment that encourages and develops responsibility, ethics and citizenship in self and 7.06(6)(n) achievement as a continuous learner who encourages and supports personal and professional development of self and others; or 7.06(6)(o) awareness of laws and practices relating to educating students with disabilities in the classroom, including, but not limited to, Child Find and inclusive learning environments. 7.02(7) Professional development activities completed by an applicant for license renewal must apply equally to renewal of any professional educator license or endorsement held by the applicant. 7.02(8) Upon completion of the professional development activities and within the six months prior to the expiration of the professional license(s) to be renewed, the applicant must submit: 7.02(8)(a) a complete application for license renewal, including a signed affidavit in which the license-holder affirms under oath that: 7.02(8)(a)(i) the license-holder satisfactorily completed the ongoing professional development activities specified in the affidavit; 7.02(8)(a)(ii) the activities were completed within the term of the professional license; and 7.02(8)(a)(iii) to the best of the license-holder’s knowledge, the activities comply with the requirements of section 7.02 of these rules and

section 22-60.5-110, C.R.S.; 7.02(8)(b) a statement of how the activities selected aided the license-holder in meeting the standards for professional educators; 7.02(8)(c) the required evaluation fee; 7.02(8)(d) the oath required in section 2.04(2)(f) of these rules; and 7.02(8)(e) a complete set of license-holder’s fingerprints taken by a qualified law enforcement agency, an authorized employee of a school district or Board of Cooperative Services using fingerprinting equipment that meets the Federal Bureau of Investigation image quality standards, or any third party approved by the Colorado Bureau of Investigation, unless the applicant previously submitted a complete and approved set of fingerprints to the Colorado Bureau of Investigation and satisfactory record of this submission is on file with the Department. 7.02(9) The Department will evaluate the application and supporting evidence and renew the license, request additional information or explanation, or recommend denial of the license renewal if the requirements of section 7.02(4) of these rules are not met. 7.02(10) Master certificates. License-holders who hold master certificates in conjunction with professional licenses may renew the master certification by providing evidence that the license- holder continued to engage in professional development and leadership and continued to demonstrate advanced competencies and expertise during the period in which the master certificate was valid. Master certificates are valid for the period of time for which a professional license is valid and are renewable upon expiration and renewal of the license. 7.02(10)(a) Professional development activities for the renewal of master certificates may include but need not be limited to: involvement in school reform efforts; service on state- wide boards or commissions; supervision and mentorship of advanced-level practicum or internship students; advanced study appropriate to the quality standards for the license type; and original research and/or publication.

English Language Learner Professional Development 7.02(11) Effective beginning in the 2018-19 school year and every year thereafter, educators endorsed in elementary, math, science, social studies, English language arts or any middle-level endorsement and seeking a renewal of their professional license, must complete professional development activities equivalent to 45 contact hours or three semester hours in Culturally and Linguistically Diverse (CLD) Education within the seven-year renewal period. The activities must meet or exceed the standards set forth in section 7.02 and in sections 5.09-5.12 of these rules. This requirement must only be completed once. Professional development activities completed to satisfy this requirement may also be counted toward the requirements in section 7.02(1). 7.02(11)(a) Educators may demonstrate knowledge of the standards outlined in

section 4.00 of these rules in one or in a combination of the following ways: 7.02(11)(a)(i) through a collection of professional development, inservice credit, college/university credit and/or work experience that meet the standards as outlined; 7.02(11)(a)(ii) completion of any Department-approved English Language Learner pathway, which may include district, college or university, BOCES or nonprofit programs; 7.02(11)(a)(ii)(A) Agencies wishing to become an approved pathway may submit an application for approval of an English Language Learner pathway to the Department’s Educator Talent Division. 7.02(11)(a)(ii)(B) Approved pathways will be reviewed every three years to ensure consistency and alignment to the standards as noted. 7.02(11)(a)(iii) completion of a Colorado CLD or a related out-ofstate endorsement program that meets or exceeds Colorado’s standards, as determined by the Department; and/or 7.02(11)(a)(iv) completion of a Department-facilitated English Language Learner professional development pathway. 7.02(11)(b) A district superintendent annually may request a waiver from the English language learner professional development requirements for their educators endorsed in elementary, math, science, social studies or English language arts if the district has had an average of 2% or fewer identified English language learners in the three years immediately preceding such request, as identified in the Department’s annual Student October Pupil Enrollment data collection. 7.02(11)(c) The principal of a charter school authorized by the institute annually may request a waiver from the English language learner professional development requirements for educators in their charter school authorized by the institute endorsed in elementary, math, science, social studies or English language arts if the charter school has had an average of 2% or fewer identified English language learners in the three years immediately preceding such request as identified in the Department’s annual Student October Pupil Enrollment data collection. 7.02(11)(d) The leader of a nonpublic school annually may request a waiver from the English language learner professional development requirements for educators in their nonpublic school endorsed in elementary, math, science, social studies or English language arts if the nonpublic school has had an average of 2 percent or fewer identified English language learners in the three years immediately preceding such request. To demonstrate eligibility for the waiver, the nonpublic school must collect and submit data to the Department for approval, including the school’s total enrollment, the number of non-English proficient students and the number of limited-English proficient students and equivalent data related to English language learners, as collected in the Department’s annual Student October Pupil Enrollment data collection. 7.02(11)(e) Upon submission of an application for renewal, license-holders must also submit the superintendent’s or institute’s notice of request for waiver. The Department will evaluate the waiver request based on the average of the last three years of the English language learner population in the district. 7.03 Appeals Process An applicant whose application for renewal of any license has been denied by the Department may submit an appeal to the State Board of Education. If the State Board of Education finds that the applicant has met the criteria for license renewal, the Department must approve the license renewal. 7.04 Reinstatement of Expired Licenses or Certificates An applicant whose previous professional license or certificate was not renewed may reinstate his or her professional license or certificate by fulfilling the requirements to renew a professional license as set forth in section 7.02 of these rules. 8.00 Approved Induction Programs for Teachers, Special Services Providers and Authorization- Holders Initial licenses are valid only in school districts, nonpublic schools, BOCES or charter schools that provide approved induction programs unless the State Board of Education has waived the induction program requirement as provided in section 16.00 of these rules. Colorado school districts, consortia of districts, BOCES, nonpublic schools, charter schools, the institute or other educational entities that employ licensed educators (herein referred to as providers for the purposes of this section 8.00 only) may develop induction programs for initial license-holders and holders of authorizations.

Induction programs must meet the criteria of these rules and be approved by the Department. The Department may grant initial or continuing approval to induction programs.

Each induction program must conduct a self-evaluation every five years. The evaluation information must be submitted to the Department for use in evaluating renewal of the induction program. The Department may conduct visits to induction sites and survey participants regarding the effectiveness of the program. 8.01 Criteria for Approval and Review of Induction Programs for Teachers The following must serve as criteria for the approval of induction programs for teachers.

The Department must provide technical assistance and support in the development of successful induction programs. 8.01(1) Effective induction programs must include opportunities which: 8.01(1)(a) enhance educator performance according to the quality standards prescribed in section 5.00 of these rules by providing through mentors and other professionals: 8.01(1)(a)(i) demonstrations of high-quality instructional practices; 8.01(1)(a)(ii) improvement of educational experiences for all students; and 8.01(1)(a)(iii) ways to adapt curriculum and instruction to accommodate diverse student populations. 8.01(1)(b) encourage professionalism and educator development by: 8.01(1)(b)(i) building a foundation for the continued study of teaching; 8.01(1)(b)(ii) encouraging collaborative relationships among administrators and teachers and partnerships between providers and universities; 8.01(1)(b)(iii) providing an orientation for teachers to the culture of the provider, the community and the teaching profession; 8.01(1)(b)(iv) providing a thorough orientation to the provider’s educator effectiveness evaluation model; and 8.01(1)(b)(v) providing opportunities for professional growth and ongoing professional development and training, including ethics, for both teachers and mentors. 8.01(2) Effective induction programs must establish: 8.01(2)(a) a training program for site administrators in the Colorado Academic Standards, the Teacher Quality Standards and the educator induction process; 8.01(2)(b) standards for the selection and training of mentors who work with teachers; 8.01(2)(c) an assessment model to review, evaluate and guide the induction 8.01(2)(d) a process for the selection and training of mentors and for the matching of mentors with inductees; 8.01(2)(e) the primary role of the mentor as coach, advocate, support and guide for teachers; and 8.01(2)(f) whether mentors will be included in the evaluation of inductees. If mentors are to be involved in such evaluations, policies must state the specific roles and responsibilities of the mentor in evaluations. 8.01(3) Effective induction programs must include professional support for inductees that includes: 8.01(3)(a) information relating to the Colorado Academic Standards and Teacher Quality Standards; 8.01(3)(b) detailed information regarding the educator effectiveness evaluation model; 8.01(3)(c) information related to provider’s policies and procedures, including how policies, procedures and practices are updated; 8.01(3)(d) the provider’s goals and induction program content standards; 8.01(3)(e) educator roles and responsibilities, including moral and ethical conduct; 8.01(3)(f) information about the school community; 8.01(3)(g) substantive feedback to the inductee about performance; and 8.01(3)(h) provisions for the extension of the induction program if deemed necessary by the provider. 8.01(4) Effective induction programs should: 8.01(4)(a) develop plans and policies that: 8.01(4)(a)(i) encourage collaboration between LEP induction programs, professional organizations and institutions of higher education; 8.01(4)(a)(ii) provide release time for both mentors and inductees; and 8.01(4)(a)(iii) provide some form of compensation for mentors. 8.01(4)(b) formalize commitments to: 8.01(4)(b)(i) provide inductees with supervisors and mentors skilled in assisting teachers; 8.01(4)(b)(ii) provide pathways that address potential challenges within the mentor- inductee relationship (e.g., reassignment, conflict management and grievance processes); 8.01(4)(b)(iii) define clear roles and conditions to support school leadership and mentors to work in partnerships focused on improving teacher instructional practice; and 8.01(4)(b)(iv) clarify expectations for inductees and mentors. 8.01(4)(c) adopt guidelines for mentor selection that ensure: 8.01(4)(c)(i) each mentor is an experienced professional who consistently models the quality standards outlined in section 5.00 of these rules and who has demonstrated excellence in practice as measured by the provider’s educator effectiveness system; and 8.01(4)(c)(ii) each mentor is skilled in working with adult learners and is sensitive to the viewpoints of others. 8.01(4)(d) adopt guidelines for mentor assignment that ensure: 8.01(4)(d)(i) each mentor is closely matched to the inductee in terms of assignment; and 8.01(4)(d)(ii) each mentor is located, when possible, in close proximity to the inductee. 8.01(5) Effective induction programs should implement best practices, including: 8.01(5)(a) utilizing appropriate needs assessments to identify specific and 8.01(5)(b) promoting a sequential learning plan for inductees based on current level of knowledge and skills; 8.01(5)(c) ensuring mentors are onboarded and trained in the components of the induction program; 8.01(5)(d) ensuring, when possible, that mentors do not serve as evaluators; 8.01(5)(e) providing mentors with ongoing professional learning and support for their mentoring activities; 8.01(5)(f) providing communities of practice for mentors, when possible; 8.01(5)(g) ensuring inductees participate in some form of learning community to foster problem- solving and collaborative inquiry; and 8.01(5)(h) engaging in annual program review with all stakeholders to promote systemic change and continuous improvement. 8.02 Criteria for Approval and Review of Induction Programs for Special Services Providers The following must serve as criteria for the approval of induction programs for special services providers (SSPs). The Department must provide technical assistance in the development of induction programs and disseminate information concerning successful programs. 8.02(1) Effective induction programs must include opportunities for SSPs which: 8.02(1)(a) enhance SSP performance according to the quality standards prescribed in section 5.00 of these rules by providing through mentors and other professionals: 8.02(1)(a)(i) demonstrations of high-quality instructional and/or evidencebased practices specific to the discipline; 8.02(1)(a)(ii) improvement of educational experiences for all students; and 8.02(1)(a)(iii) ways to accommodate diverse student populations. 8.02(1)(b) encourage professionalism and SSP development by: 8.02(1)(b)(i) building a foundation for the continued study of the SSP’s discipline; 8.02(1)(b)(ii) encouraging collaborative relationships within the school system and partnerships between providers, institutions of higher education and community organizations; 8.02(1)(b)(iii) providing an orientation for SSPs to the application of the profession in the educational context, including the culture of the school system, the provider and the community; 8.02(1)(b)(iv) providing a thorough orientation to the provider’s SSP effectiveness evaluation model; and 8.02(1)(b)(v) providing opportunities for professional growth and ongoing development and training, including ethics, for both SSPs and mentors. 8.02(2) Effective induction programs must establish: 8.02(2)(a) standards for the selection and training of mentors who work with SSPs; 8.02(2)(b) an assessment model to review, evaluate and guide the induction 8.02(2)(c) a process for the selection and training of mentors and for the matching of mentors with inductees; 8.02(2)(d) the primary role of the mentor as teacher, coach, advocate, support and guide for SSPs; and 8.02(2)(e) whether mentors will be included in the evaluation of inductees. If mentors are to be involved in such evaluations, policies must state the specific roles and responsibilities of the mentor in evaluations and provide training for mentors in those roles. 8.02(3) Effective induction programs must include professional support for inductees that includes information about: 8.02(3)(a) the SSP quality standards and how specific SSP disciplines interact with the Colorado Academic Standards, Individualized Education Program training and school and special education law as applicable to each discipline; 8.02(3)(b) the provider’s SSP effectiveness evaluation model; 8.02(3)(c) the provider’s policies and procedures, including how policies, procedures and practices are updated; 8.02(3)(d) the provider’s goals and induction program content standards; 8.02(3)(e) SSP roles and responsibilities, including moral and ethical obligations; 8.02(3)(f) the school community; 8.02(3)(g) substantive feedback to the inductee about performance; and 8.02(3)(h) provisions for the extension of the induction program if deemed necessary by the provider. 8.02(4) Effective induction programs: 8.02(4)(a) develop plans and policies that include: 8.02(4)(a)(i) release time for both mentors and inductees; and 8.02(4)(a)(ii) some form of compensation for mentors. 8.02(4)(b) formalize commitments to: 8.02(4)(b)(i) provide inductees with supervisors skilled in helping SSPs and mentors skilled in the specific SSP discipline; 8.02(4)(b)(ii) clarify expectations for inductees and mentors; and 8.02(4)(b)(iii) provide supports that address potential challenges within the mentor- inductee relationship (e.g., reassignment, conflict management and grievance processes). 8.02(4)(c) adopt guidelines for mentor selection that ensure: 8.02(4)(c)(i) each mentor is an experienced professional within the SSP discipline who consistently models the quality standards as reflected in section 5.00 of these rules; 8.02(4)(c)(ii) each mentor is skilled in working with adult learners and is sensitive to the viewpoints of others; and 8.02(4)(c)(iii) the mentor is an active and open learner who is competent in interpersonal skills and has a record of being an ambassador for the provider and the profession; and 8.02(4)(d) adopt guidelines for mentor assignment that ensure: 8.02(4)(d)(i) each mentor is closely matched to the inductee in terms of discipline and assignment; and 8.02(4)(d)(ii) each mentor is located in close proximity to the inductee, when possible, though experience within the SSP discipline may be considered as a priority over proximity to the inductee. 8.02(5) Effective SSP induction programs should implement best practices, including 8.02(5)(a) utilizing appropriate needs assessments to identify specific and 8.02(5)(b) promoting a sequential learning plan for inductees based on current level of knowledge and skills; 8.02(5)(c) providing differentiated, meaningful professional learning related to the specific roles and tasks of the SSP; 8.02(5)(d) cultivating capacity for collaboration and self-advocacy to enhance the working conditions, job satisfaction and efficacy of SSPs; 8.02(5)(e) providing the inductee with a safe, collegial atmosphere where professional growth takes place; 8.02(5)(f) promoting systemic change and continuous improvement, including input from inductees and a program emphasis on student learning; and 8.02(5)(g) ensuring, when possible, that mentors do not serve as evaluators. 9.00 Approved Induction Programs for Principals and Administrators Initial licenses are valid only in school districts, nonpublic schools, BOCES or charter schools which provide approved induction programs, unless the State Board of Education has waived the induction program requirements as provided in section 16.00 Colorado school districts, consortia of districts, BOCES, nonpublic schools, charter schools, the institute or other educational entities that employ licensed principals and administrators may develop induction programs for initial license-holders and holders of applicable authorizations. Induction programs must meet the criteria of these rules and be approved by the Department. The Department may grant initial or continuing approval for induction programs.

Each induction program must conduct a self-evaluation every five years. The evaluation information must be submitted to the Department for use in evaluating renewal of the induction program. The Department may conduct visits to induction sites and survey participants regarding the effectiveness of the program. 9.01 Criteria for Approval and Review of Induction Programs for Principals and Administrators The following must serve as criteria for the approval of induction programs for principals, administrators and directors of special and gifted education. Induction programs must follow the same criteria and ensure Quality Standards are met as outlined in section 6.00 of these rules. The Department must provide technical assistance and support in the development of successful induction programs. 9.01(1) Effective induction programs must provide inductees: 9.01(1)(a) support for school improvement planning and processes; 9.01(1)(b) support for the application of effective, research-based teaching practices in an emotionally, intellectually and physically safe learning environment; 9.01(1)(c) assistance with systems of collaboration with families, colleagues, instructional teams and the broader educational community to ensure the success of all students; 9.01(1)(d) assistance with development of and advocacy for supportive, inclusive and rigorous learning environments that honor students’ diversity; and 9.01(1)(e) training in the legal and ethical obligations of school leaders to support the diverse learning needs of all students. 9.01(2) Effective induction programs must include opportunities for inductees to: 9.01(2)(a) enhance their performance according to the quality standards in

section 6.00 of these rules by providing through mentors and other professionals; 9.01(2)(a)(i) orientation to the profession; 9.01(2)(a)(ii) technical skill development; 9.01(2)(a)(iii) professional networking; 9.01(2)(a)(iv) school improvement planning; 9.01(2)(a)(v) leadership development; and 9.01(2)(b) support the application of effective, research-based teaching practices in an emotionally, intellectually and physically safe learning 9.01(3) Effective induction programs must: 9.01(3)(a) train site administrators in the Colorado Academic Standards adopted by the State Board pursuant to section 22-7-1005, C.R.S. and the principal and administrator quality standards adopted by the State Board pursuant to section 22-9-105.5, C.R.S.; 9.01(3)(b) establish standards for the selection and training of mentors who work with inductees, ensuring that mentors: 9.01(3)(b)(i) have demonstrated leadership and effectiveness as a school principal or district administrator; 9.01(3)(b)(ii) have a deep understanding and knowledge of the Principal Quality Standards; 9.01(3)(b)(iii) exhibit well-developed interpersonal skills, including the ability to empathize with others, listen and question effectively and explore multiple solutions to problems; 9.01(3)(b)(iv) are effective communicators in both oral and written form; and 9.01(3)(b)(v) have a contextual awareness of the political, social and practical realities of the inductee. 9.01(3)(c) establish a process for matching mentors with inductees; 9.01(3)(d) implement a staff development plan to provide mentors with ongoing professional learning and support for their mentoring activities which includes: 9.01(3)(d)(i) skills development as a mentor and coach; 9.01(3)(d)(ii) training in how to support inductee development in the knowledge and skills required in the Quality Standards; 9.01(3)(d)(iii) training in providing effective, growth-producing feedback; and 9.01(3)(e) ensure, when possible that mentors do not serve as evaluators of inductees, if possible. 9.01(3)(e)(i) If mentors are to be involved in such evaluations, policies must state the specific roles and responsibilities of the mentor in evaluations and provide training for mentors in those roles. 9.01(4) Effective induction programs should: 9.01(4)(a) utilize needs assessments to identify specific needs and design 9.01(4)(b) promote a sequential learning plan for inductees based on current level of knowledge and skills; and 9.01(4)(c) engage in annual program review with all stakeholders to promote systemic change and continuous improvement. 10.00 Denial, Suspension, Revocation or Annulment of Licenses and School District Reporting Requirements This section establishes a procedure for processing adverse information, which may result in the State Board seeking denial, suspension, revocation or annulment of licenses, including lifetime certificates, endorsements and authorizations. It establishes standards against which said adverse information may be judged. This section also provides due process protections for license-holders and applicants and specifies requirements for school districts’ reports to the Department on employee misconduct.

For the purpose of this section, “license” means any license, certificate, authorization or endorsement issued by the Department on or after July 1, 1994, pursuant to section 22- 60.5-101, C.R.S., and any certificate, letter of authorization or endorsement issued by the Department on or before June 30, 1994, pursuant to section 22-60-101, C.R.S. 10.00(1) A license may be denied, annulled, suspended or revoked by the State Board of Education in accordance with the State Administrative Procedures Act, sections 24-4-101 through 107, C.R.S., in the following circumstances: 10.00(1)(a) If the applicant obtained or attempts to obtain the license through misrepresentation, fraud, misleading information or an untruthful statement submitted with the intent to misrepresent, mislead or conceal the truth; 10.00(1)(b) If the Department mistakenly issued the license and it is subsequently determined that the holder is not entitled to the license due to a failure to meet educational or non-educational requirements in effect when the license was issued; 10.00(1)(c) When the applicant or holder is or has ever been convicted of, pleads or has ever pleaded nolo contendere to, or receives or has ever received a deferred sentence for a violation of any one of the following offenses: 10.00(1)(c)(i) contributing to the delinquency of a minor, as described in section 18-6- 701, C.R.S.; 10.00(1)(c)(ii) a misdemeanor, the underlying factual basis of which has been found by the court on the record to involve domestic violence, as defined in section 18-6-800.3 (1), C.R.S., and the conviction is a second or subsequent conviction for the same offense; 10.00(1)(c)(iii) misdemeanor sexual assault, as described in section 18-3-402, C.R.S.; 10.00(1)(c)(iv) misdemeanor unlawful sexual conduct, as described in section 18-3-404, C.R.S.; 10.00(1)(c)(v) misdemeanor sexual assault on a client by a psychotherapist, as described in section 18-3-405.5, C.R.S.; 10.00(1)(c)(vi) misdemeanor child abuse, as described in section 18- 6- 401, C.R.S.; 10.00(1)(c)(vii) a crime under the laws of the United States, another state, a municipality of this state or another state, or any territory subject to the jurisdiction of the United States, the elements of which are substantially similar to one of the offenses described in this paragraph (d); or 10.00(1)(c)(viii) a misdemeanor committed under the laws of the United States, another state, a municipality of another state or any territory subject to the jurisdiction of the United States, the elements of which are substantially similar to sexual exploitation of children as described in section 18-6-403(3)(b.5), C.R.S.; 10.00(1)(d) When the applicant or holder is or has ever been found guilty of, or pleads or has ever pleaded guilty or nolo contendere to, a misdemeanor violation of any law of this state or another state, any municipality of this state or another state, or the United States or any territory subject to the jurisdiction of the United States involving the illegal sale of controlled substances, as defined in section 18-18-102(5), C.R.S.; 10.00(1)(e) When the applicant or holder is or has ever been found guilty of a felony, other than a felony described in section 10.00(2) of these rules, or upon the court's acceptance of a guilty plea or a plea of nolo contendere to a felony, other than a felony described in section 10.00(2) of these rules, in this state or under the laws of any other state, the United States or any territory subject to the jurisdiction of the United States, of a crime which, if committed within this state, would be a felony, other than a felony described in section 10.00(2) of these rules, when the commission of said felony, in the judgment of the State Board of Education, renders the applicant or holder unfit to perform the services authorized by his or her license; 10.00(1)(f) When the applicant or holder has ever received a disposition or an adjudication for an offense involving what would constitute a physical assault, a battery or a drug- related offense if committed by an adult and if the offense was committed within the 10 years preceding the date of the license application; 10.00(1)(g) When the applicant or holder is or was charged with having committed a felony or misdemeanor and forfeits or has ever forfeited any bail, bond or other security deposited to secure his or her appearance; pays or has ever paid a fine; enters or has ever entered a plea of nolo contendere; or receives or has ever received a deferred or suspended sentence imposed by the court for any offense described in sections 10.00(2)(a), (b), or (d) of these rules; 10.00(1)(h) Notwithstanding any provision of section 10.00(2) of these rules to the contrary, when the State Board of Education determines an applicant or holder who held a license prior to June 6, 1991, has ever been convicted of an offense described in sections 10.00(2)(a)-(c) of these rules, unless the applicant or holder was previously afforded the rights set forth in section 22-60.5-108, C.R.S., with respect to the offense and the applicant or holder received or retained his or her license as a result; 10.00(1)(i) When the holder, without good cause, resigns or abandons his or her contracted position with a school district without giving written notice to the employing local board of education of his or her intent to terminate his or her employment contract for the succeeding academic year at least 30 days prior to the commencement of the succeeding academic year or the commencement of services under his or her employment contract or without giving written notice to the employing local board of education of his or her intent to terminate his or her employment contract for the current academic year at least 30 days prior to the date he or she intends to stop performing the services required by the employment contract. In this case, the license may be suspended; 10.00(1)(j) When the State Board of Education finds and determines that the applicant or holder is or has ever been professionally incompetent as described in section 10.01 of these rules; 10.00(1)(k) When the State Board of Education finds and determines that the applicant or holder is or has ever been guilty of unethical behavior as described in section 10.02 of these rules; or 10.00(1)(l) When the State Board of Education finds and determines that the license-holder knowingly and intentionally failed to protect student data pursuant to section 22-1-123, C.R.S. In this case, the license may be suspended or revoked for a period not less than 90 days. 10.00(2) A license must be denied, annulled, suspended or revoked by the State Board of Education in accordance with the State Administrative Procedures Act, sections 24-4-101 through 107, C.R.S., in the following circumstances: 10.00(2)(a) A license must be denied, suspended or revoked when the applicant or holder is or has ever been convicted by a jury verdict, by entry of a verdict, by acceptance of a guilty plea or a plea of nolo contendere by a court of: 10.00(2)(a)(i) felony child abuse, as specified in section 18-6-401, C.R.S.; 10.00(2)(a)(ii) a crime of violence, as defined in section 18-1.3-406, C.R.S.; 10.00(2)(a)(iii) a felony offense involving unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S; 10.00(2)(a)(iv) a felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.; 10.00(2)(a)(iv)(A) This ground for mandatory denial, suspension or revocation of a license only applies for a period of five years following the date the offense was committed, provided the applicant or holder has successfully completed any domestic violence treatment required by the court; or 10.00(2)(a)(v) a felony offense in another state, the United States or territory subject to the jurisdiction of the United States, the elements of which are substantially similar to the elements of one of the offenses described in this section 10.00(2)(a). 10.00(2)(b) A license must be denied, suspended or revoked when the applicant or holder is or has ever been convicted by a jury verdict, by entry of a verdict, or by acceptance of a guilty plea or a plea of nolo contendere by a court of indecent exposure, as described in section 18-7-302, C.R.S., or of a crime under the laws of another state, a municipality of this or another state, the United States or a territory subject to the jurisdiction of the United States, the elements of which are substantially similar to the offense of indecent exposure described in this section 10.00(2)(b). 10.00(2)(c) A license must be denied, suspended or revoked when the applicant or holder receives or has ever received a disposition or an adjudication for an offense that would constitute felony unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S., if committed by an adult. 10.00(2)(d) A license must be denied, suspended or revoked if the applicant or holder is or has ever been convicted by a jury verdict, by entry of a verdict, or by acceptance of a guilty plea or a plea of nolo contendere by a court of a felony drug offense described in section 18-18-401, et seq., C.R.S., and committed on or after August 25, 2012, or is convicted of an offense under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States, committed on or after June 11, 2021, the elements of which are substantially similar to a felony drug offense described in part 4 of article 18 of title 18, C.R.S. 10.00(2)(d)(i) This requirement for denial, suspension or revocation of a license only applies for a period of five years following the date the offense was committed. 10.00(2)(e) A license must be denied, suspended or revoked when the applicant or holder fails to submit his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of a school district or Board of Cooperative Services using fingerprinting equipment that meets the Federal Bureau of Investigation image quality standards, or any third party approved by the Colorado Bureau of Investigation to the Department within 30 days after receipt of the Department's written request for fingerprints, which fingerprint submission the Department required upon finding probable cause to believe that the applicant or holder had been convicted of a felony or misdemeanor, other than a misdemeanor traffic offense or traffic infraction, subsequent to his or her licensure. 10.00(2)(f) A license must be denied, suspended or revoked when the applicant or holder is determined to be mentally incompetent by a court of competent jurisdiction and a court enters, pursuant to section 15-14-301, et seq.; 15-14-401, et seq.; 27-65-109(4); or 27- 65-127, C.R.S., an order specifically finding that the mental incompetency is of such a degree that the applicant or holder is incapable of continuing to perform his or her job.

In this circumstance, no hearing is required to deny, annul, suspend or revoke the license, notwithstanding section 22-60.5-108, C.R.S.; denial, annulment, suspension or revocation happens by operation of law after the Department gives reasonable notice to the applicant or license-holder. 10.00(3) The State Board of Education may take immediate action to deny, annul or suspend a license without a hearing, notwithstanding the provisions of section 22-60.5-108, C.R.S., upon receipt of a certified copy of the judgment of conviction, a deferred sentence or the acceptance of a guilty plea or a plea of nolo contendere for any violation of sections 10.00(1)(c)-(e) of these rules or upon receipt of a certified copy of the judgment of conviction or the acceptance of a guilty plea or a plea of nolo contendere for any violation of sections 10.00(2)(a)- (d) of these rules. The State Board of Education may revoke a suspended license based on a violation of sections 10.00(1)(c)-(e) of these rules and must revoke a suspended license based on a violation of sections 10.00(2)(a)-(d) of these rules without a hearing and without any further action after the exhaustion of all appeals, if any, or after the time for seeking an appeal has elapsed and upon the entry of a final judgment. A certified copy of the judgment of a court of competent jurisdiction of a conviction, a deferred sentence or the acceptance of a guilty plea or a plea of nolo contendere is conclusive evidence of such conviction or plea for the purposes of sections 10.00(1)(c)-(e) of these rules. A certified copy of the judgment of a court of competent jurisdiction of a conviction or the acceptance of a guilty plea or a plea of nolo contendere is conclusive evidence of such conviction or plea for the purposes of sections 10.00(2)(a)-(d) of these rules. 10.00(4) In cases where the State Board of Education deems summary suspension is appropriate, pursuant to section 24-4-104(4), C.R.S., proceedings for suspension or revocation may be instituted upon the Board's own motion without a proceeding pursuant to these regulations. The holder is entitled to a postdeprivation hearing consistent with section 24-4-105, C.R.S. At such hearing, the burden of proof rests with the license-holder. 10.01 Standards of Professional Incompetence The following serve as standards against which charges of professional incompetence will be judged. To warrant denial, annulment, suspension or revocation of the license, violations must be found to be substantial or continued, as well as related to services rendered within the scope of the license. It is considered professional incompetence for a license-holder or applicant to: 10.01(1) willfully depart or to have ever willfully departed from the quality standards described in sections 4.00, 5.00 or 6.00 of these rules; 10.01(2) willfully fail or to have ever willfully failed to practice with reasonable skill and safety; 10.01(3) act or to have ever acted in a manner evidencing a clear and substantial lack of knowledge, ability or fitness to perform the services rendered within the scope of the license; 10.01(4) refuse or to have ever refused to perform duties required by federal and state law and regulation; 10.01(5) recklessly disregard or to have ever recklessly disregarded duties required by federal and state law and regulation; 10.01(6) have or to have ever had a mental or physical condition, as diagnosed by a professional competent to make such a diagnosis, that results in the licenseholder’s or applicant’s inability to satisfactorily perform required duties, subject to the American with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and other nondiscrimination law; or 10.01(7) habitually abuse or to have ever habitually abused alcoholic, narcotic, hypnotic or other substances, the abuse of which results in the license-holder’s or applicant’s inability to satisfactorily perform required duties, subject to the American with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and other nondiscrimination law. 10.02 Standards of Unethical Behavior The following serve as standards against which charges of unethical behavior will be judged. To warrant denial, annulment, suspension or revocation of the license, violations must be found to be substantial or continued. It is considered unethical behavior for a license-holder or applicant to: 10.02(1) fail or to have ever failed to make reasonable effort to protect a minor from conditions harmful to health and safety; 10.02(2) provide or to have ever provided professional services in a discriminatory manner regarding age, gender, gender identity, sexual orientation, national origin, race, ethnicity, color, creed, religion, language, disability, socio-economic status or marriage status; 10.02(3) fail or to have ever failed to keep in confidence information obtained in the course of professional services, unless disclosure serves to protect the child, other children or school personnel is required by law; 10.02(4) direct or to have ever directed a person to carry out professional responsibilities knowing that such person is not qualified for the responsibility given, except for assignments of short duration in emergency situations; 10.02(5) deliberately distort or suppress or to have ever deliberately distorted or suppressed curricular materials or educational information in order to promote their own personal view, interest or goal; 10.02(6) falsify or misrepresent or to have ever falsified or misrepresented records or facts relating to the license-holder or applicant’s qualifications, another educator's qualifications or a student’s records; 10.02(7) make or to have ever made false or malicious statements about students or school personnel; 10.02(8) using one’s position for personal gain; 10.02(9) fail or to have ever failed to conduct financial transactions relating to the school program in a manner consistent with applicable law, rule or regulation; 10.02(10) engage or to have ever engaged in immoral conduct that affects the health, safety or welfare of children; conduct that offends the morals of the community; or conduct that sets an inappropriate example for children or youth whose ideals the educator is expected to foster and elevate; 10.02(11) engage or to have ever engaged in unlawful distribution or sale of dangerous or unauthorized prescription drugs or other dangerous nonprescription substances, alcohol or tobacco; or 10.02.(12) engage or to have ever engaged in a sexual act, meaning sexual contact, sexual intrusion or sexual penetration as defined in section 18-3-401, C.R.S., with a student enrolled at the school where the license-holder or applicant is or was employed at the time of the sexual act, including a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act. 10.03 Filing of Adverse Information Regarding an Educator License 10.03(1) Filing of external complaints: 10.03(1)(a) A complaint regarding an educator is a formal statement, filed by an aggrieved party or a party in interest against an individual who holds or has applied for an educator license, of an alleged violation of conditions that, if found to be substantial or continued, and if found to be true, becomes grounds for denying, annulling, revoking or suspending the license. The Department must supply necessary complaint forms and information for the filing of adverse information. 10.03(1)(b) The complainant must personally deliver, send by mail or send in a secured electronic environment the complaint to the Department. The complainant must sign and swear to the complaint, regardless of delivery method. The complaint must allege actions serving as the basis of the complaint, and the alleged actions must be substantial or continued. The complaint must specify the statutory and regulatory violations. 10.03(2) Filing of notification by public district/school: 10.03(2)(a) The local board of education, charter school, BOCES or its designee must notify the Department pursuant to the requirements of

section 10.05 of these rules. 10.03(3) Conducting investigations and pursuing formal action by the State Board of Education: 10.03(3)(a) The Department conducts background investigations upon receipt of any adverse information. The purpose of this inquiry is to determine if there is probable cause to seek annulment, revocation or suspension of the license or denial of the application. If the Department determines probable cause exists, the Department may ask the State Board of Education to direct the initiation of formal proceedings against the licenseholder pursuant to section 22-60.5-108, C.R.S., or to deny the application pursuant to section 24-4-104(8), C.R.S. 10.03(3)(b) Except in cases of summary suspension, the Department must provide the license-holder or applicant notice of the allegations against him or her and an opportunity to respond prior to asking the State Board of Education to deny an application or initiate formal proceedings. The Department must provide such an opportunity by sending a formal written letter of inquiry by first-class mail to the applicant or license holder, explaining the allegations, requesting a response within 20 days, and notifying them of their right to return a response within 20 days. If the Department knows that the person is an employee of a Colorado charter school, BOCES or school district, the Department must notify the charter school, BOCES or school district of the inquiry. 10.03(3)(c) After the expiration of the 20-day response period or upon receipt of the response, whichever is sooner, the Department will review the allegations and response and determine whether to pursue the charges for denial, revocation or annulment of the license. In any case where, based on the response, the Department determines probable cause does not exist, the Department must withdraw or dismiss the complaint and notify the person complained against and the school district, charter school or BOCES of the Department's action. Any handling of the complaint must be consistent with the laws on confidentiality unless contrary to statute. 10.03(3)(d) The Department is authorized to grant extensions to any of the processing deadline dates in sections 10.03(3)-(4) of these rules, based upon sufficient cause shown. 10.03(3)(e) The Department will present its findings and recommendations to the State Board of Education for action. 10.03(3)(e)(i) If the Department recommends revocation or annulment and the State Board of Education accepts that recommendation, the Board must refer the matter for a hearing in accordance with section 24-4-105, C.R.S. The Department must notify by first-class mail the person charged of the State Board of Education’s decision to refer the matter for a hearing. If the State Board of Education rejects the Department’s recommendation, the Department must dismiss the complaint and notify the person complained against and the complainant of the Department's action. Any handling of the complaint must be consistent with the laws on confidentiality unless contrary to statute. 10.03(3)(e)(ii) If the Department recommends denial and the State Board of Education accepts that recommendation, the Department must notify by first-class mail the applicant of the denial and the applicant's right to request a hearing conducted in accordance with

section 24-4-105, C.R.S. If the State Board of Education rejects the Department’s recommendation, the Department may clear the application and issue the credential to the applicant, provided that all requirements for the requested license and endorsement(s) are met. 10.03(3)(f) If the State Board of Education refers the matter for a hearing and if the Department knows that the person charged is a current employee of a Colorado charter school, BOCES or school district, the Department must notify such school, BOCES or school district of the State Board of Education’s decision. 10.03(3)(g) If the State Board of Education refers the matter for a hearing, or if the applicant timely requests a hearing concerning the Board’s denial of his or her application, the hearing and subsequent proceedings must be conducted by an administrative law judge appointed by the Colorado Division of Administrative Hearings in accordance with section 24-4- 105(3), C.R.S.. 10.03(3)(h) Pursuant to section 24-4-105(14), C.R.S., the decision of the administrative law judge must include a statement of findings and conclusions and the appropriate order, sanction, relief or denial thereof. If the administrative law judge sustains the charge, the decision must result in revocation or denial of the license. 10.04 Application for License Following Suspension, Revocation, Annulment or Denial 10.04(1) A license-holder whose license has been suspended or revoked may submit an application for a new license, the renewal of the expired license or the reinstatement of the license to the Department and for review by the State Board of Education. The application must include justification for license issuance, renewal or reinstatement, with evidence as to rehabilitation appropriate to the

basis for the prior suspension or revocation. The application must demonstrate the current fitness of the applicant to resume educational duties, in accordance with all laws and rules. The burden of proof rests with the applicant. 10.04(1)(a) The reinstated license will bear the same expiration date as had been originally issued. 10.04(1)(b) In the event the original license expired during the period of suspension or revocation, the applicant will be required to meet all requirements for the renewal of the license. 10.04(2) An applicant whose license application has been denied or annulled by the State Board of Education may apply for a license to the Department and for review by the State Board. The application will include justification for issuance, with appropriate supporting documentation as to the current fitness of the applicant to resume educational duties, in accordance with all laws and rules.

The burden of proof must rest with the applicant. 10.05 Mandatory Reporting of Misconduct 10.05(1) The local board of education, charter school, BOCES or designee must notify the Department within 10 business days of any employee’s dismissal or resignation if the dismissal or resignation is based on an allegation of unlawful behavior involving a child or student, including unlawful sexual behavior or allegation of a sexual act (meaning sexual contact, sexual intrusion or sexual penetration as those terms are defined in section 18-3-401, C.R.S.) even if it involves a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence. The local board, charter school, BOCES or designee must provide any information requested by the Department concerning the circumstances of the dismissal or resignation. 10.05(2) The local board of education, charter school, BOCES or designee must immediately notify the Department when any employee’s resignation or dismissal is based upon a conviction, guilty plea, plea of nolo contendere or deferred sentence as set forth in sections 10.00(1)(d)-(g) and 10.00(2)(a)-(c) of these rules. The local board, charter school, BOCES or designee must provide any information requested by the Department concerning the circumstances of the employee's dismissal or resignation. 10.05(3) The local board of education, charter school, BOCES or designee must notify the Department when the county department of social services or local law enforcement agency reasonably believes that an incident of abuse or neglect has occurred and an employee of the district, charter school or BOCES is the suspected perpetrator and was acting in his or her official capacity as an employee. The local board, charter school, BOCES or its designee must provide any information requested by the Department concerning the employee's alleged abuse or neglect. 10.05(4) The local board of education, charter school, BOCES or designee must notify the Department when it reasonably believes that one of its employees is guilty of unethical behavior or professional incompetence as set forth in sections 10.01 and 10.02 of these rules. The local board, charter school, BOCES or its designee must provide any information requested by the Department concerning the employee's behavior or competence. 10.05(5) The local board of education, charter school, BOCES or designee must notify the Department when it learns from a source other than the Department that a current or past employee has been convicted of, has pled nolo contendere to or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children. 10.06 Mandatory Disclosure of Attempts to Seal Criminal Records An applicant or license-holder who files a petition to seal a criminal record under § 24- 72-701, et seq., C.R.S., must notify the Department of the pending petition to seal. The Department may inquire into the facts of the criminal offense(s) for which the petition to seal is pending under § 24-72-703(2)(d)(III), C.R.S. The applicant or license-holder does not have any right to privilege or privilege that justifies refusal to answer the Department’s questions about the criminal offense(s) at issue in the petition to seal. 11.00 Standards for the Approval of Educator Preparation Programs The Department will review, authorize and approve educator preparation programs at Colorado public, private and proprietary institutions of higher education based on the identified requirements for approval under section 22-60.5-121, C.R.S.

The Department’s Educator Talent Division promotes high-quality programs that meet the requirements, policies and the best practices identified by the Department of Education and Department of Higher Education pursuant to sections 22-2-109, C.R.S., 22-60.5-121, C.R.S. and 23-78-104, C.R.S.

Pursuant to 22-60.5-121, C.R.S and the standards set forth in sections 4.00 through 6.00 of these rules, the State Board of Education will review all traditional and alternative educator preparation programs, to ensure that each program meets the minimum requirements in § 22-60.5-121, C.R.S., sections 11.00 and 13.00 of these rules, and that the programs are implemented in a way that enables educator candidates to meet the quality standards for the applicable license and requirements for licensure endorsement. 11.01 Program Review by the Department’s Educator Talent Division 11.01(1) The Educator Talent Division’s program review must ensure that each program is designed and implemented in a manner that will enable a candidate to meet licensure and endorsement requirements. Rules outlined below apply to both educator preparation programs at institutions of higher education and alternative preparation programs. 11.01(2) For the reauthorization of educator preparation programs at Colorado’s public, private or proprietary postsecondary institutions of higher education recognized by the Colorado Department of Higher Education, the Educator Talent Division will provide the State Board of Education information for its consideration as to whether the Board should issue an approval, conditional approval, probation or termination. 11.01(3) For alternative teacher programs and alternative principal programs, the State Board of Education will determine full reauthorization, conditional reauthorization, probationary reauthorization or termination of the program. 11.01(3)(a) An on-site evaluation for the reauthorization of alternative preparation programs will occur no more frequently than once every five years. 11.01(3)(b) An initial site visit and review will be conducted 12 to 24 months after approval for all newly authorized alternative preparation programs. 11.02 Standards for Educator Preparation Programs and Alternative Preparation Programs The following must serve as standards for the initial and continuing approval of all preparation programs. 11.02(1) An educator preparation program and an alternative program must: 11.02(1)(a) Be designed around candidate proficiency and professionalism that supports decision-making about partnerships and the integration of curricula, learners, coursework and clinical experience; 11.02(1)(b) Map, plan, develop, assess and support candidate proficiency, including: 11.02(1)(b)(i) a candidate’s deep understanding of content knowledge, pedagogical knowledge, the content knowledge required for educating students and the dispositions and professional qualities necessary to be a successful educator; 11.02(1)(b)(ii) comprehensive, ongoing assessment including evaluation of each candidate’s subject matter (as outlined in the endorsement standards in sections 4.00 through 6.00 of these rules) and professional knowledge and ability to demonstrate skill in applying the professional knowledge base (as outlined in the quality standards specified in sections 4.00, through 6.00 of these rules); 11.02(1)(b)(iii) pedagogical instruction in high-quality practices for face-to-face, online and blended learning. 11.02(1)(c) Include coursework that: 11.02(1)(c)(i) provides content knowledge specific to teaching the aligned preschool through elementary and secondary education standards, pursuant to 22-7-1005, C.R.S.; 11.02(1)(c)(ii) is aligned with the Colorado READ Act (as established in 22-7-12, C.R.S.) and the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills and reading comprehension, and the skills and strategies necessary to ensure that every student learns how to read; 11.02(1)(c)(ii)(A) Reading coursework and clinical practice opportunities must be a significant focus for teachers preparing for endorsement in early childhood, elementary or special education. 11.02(1)(c)(iii) provides educator candidates with an overview of Title II of the federal “Americans With Disabilities Act of 1990,”

section 504 of the federal “Rehabilitation Act of 1973,” the federal “Individuals With Disabilities Education Act,” individualized education programs (as defined in 22- 20-103(15), C.R.S.) and child find, and that teaches educators effective special education classroom practices, including, but not limited to, inclusive learning environments; and 11.02(1)(c)(iv) integrates theory and practice and educates candidates in the methodologies, practices and procedures of teaching standards-based education, and specifically the quality standards specified in 4.00 through 6.00 of these rules. 11.02(1)(d) Include intentional clinical experiences, early on and through the program, relating to predetermined state content standards that afford candidates multiple, intentional experiences to learn from practice. 11.02(1)(d)(i) Clinical experiences must be aligned with educator preparation program curricula so that candidates develop pedagogical skills and pedagogical content knowledge; and 11.02(1)(d)(i)(A) include a minimum of 800 hours for teacher candidates; 11.02(1)(d)(i)(B) include a minimum of 300 hours for principal and administrator candidates; and 11.02(1)(d)(i)(C) a majority of the clinical experience hours must be completed through a continuous clinical placement. 11.02(1)(d)(i)(D) For every additional endorsement or advanced degree, a candidate shall complete an appropriate amount of supervised clinical experiences related to predetermined state content standards, including best practices and relevant national norms related to the candidate’s endorsement(s). 11.02(1)(d)(ii) To maximize candidates’ clinical experiences, educator preparation programs must establish a formal mentor/cooperating educator selection and training process that: 11.02(1)(d)(ii)(A) selects mentors or cooperating educators based on a defined set of criteria, which must include but need not be limited to: evidence of exemplary teaching and/or school leadership; the ability to model and counsel the candidate; relevant mentorship coursework; and a valid teacher license and endorsement in the candidate’s content area if available (a mentor teacher endorsement is not required); 11.02(1)(d)(ii)(B) includes a training program for mentors that provides direction with regard to structured guidance, the provision of regular ongoing support to new educators and educator performance evaluation; 11.02(1)(d)(ii)(C) identifies the duties of the mentor or cooperating educator including, as applicable: serving as a member of the support team; providing ongoing observation, counseling and supervision; and representing the support team for purposes of making recommendations about the licensing for the individual; 11.02(1)(d)(ii)(D) provides a checklist of the duties of the mentor and the time required; and 11.02(1)(d)(ii)(E) defines provisions made by the educator preparation program to assist the mentor teacher in properly discharging their regular duties, such as: 11.02(1)(d)(ii)(E)(I) providing a substitute teacher so the mentor teacher may have release time to coach and support the mentee, as necessary and appropriate; 11.02(1)(d)(ii)(E)(II) allowing for adequate compensatory time and/or other compensation for the mentor teacher's required planning and observation schedule and ongoing regular conferences with the alternative teacher. 11.02(1)(e) Require each teacher preparation candidate in an initial licensure program to complete at least one semester- or quarter-length course in behavioral health training and one semester- or quarter-length course in using culturally responsive and trauma- and evidence- informed practices; 11.02(1)(f) Require candidates for an elementary, middle school mathematics or secondary mathematics endorsement training in evidence-informed practices in mathematics, including interventions to help students who are below grade level or struggling in mathematics, students with disabilities and students who are English language learners; 11.02(1)(g) Require each educator preparation candidate, prior to graduation, to demonstrate the skills required for licensure; 11.02(1)(h) Engage in continuous evidence-based review cycles regarding the program’s impact on candidate’s development through the program, by implementing procedures for: 11.02(1)(h)(i) collecting and reviewing evaluative data concerning the preparation program and for modifying the program as necessary in response to the date collected; 11.02(1)(h)(ii) reviewing the scores achieved on professional competency demonstrations by teacher candidates enrolled in and graduating from/completing the program, and modifying the program as necessary to improve those scores; and 11.02(1)(h)(iii) engaging stakeholder feedback for program continuous improvement, including at a minimum: 11.02(1)(h)(iii)(A) processes to evaluate strengths, challenges, and improvement foci; 11.02(1)(h)(iii)(B) processes for gathering stakeholder feedback and other impact evidence from candidates, faculty, staff, partners, and others; and 11.02(1)(h)(iii)(C) for alternative programs only, establishing an advisory council, which must include, at a minimum, representatives from participating school districts, charter schools, nonpublic schools, the institute or BOCES; at least one qualified mentor teacher; and a representative from any accepted institution of higher education cooperating with the designated agency, if applicable. 11.02(1)(h)(iii)(C)(I) Representatives on the advisory council must reflect the geographic make-up of the educator preparation program if the program is composed of more than one entity; and 11.02(1)(h)(iii)(C)(II) Advisory council’s duties must include but need not be limited to: providing the educator preparation program with information regarding the organization and management and operation of the approved alternative teacher 11.02(2) In addition to the requirements outlined in 11.02(1), traditional educator preparation programs at an approved institution of higher education must: 11.02(2)(a) be designed to be completed within four academic years; 11.02(2)(b) have a comprehensive admission system that includes screening of and counseling for students who are considering becoming teacher candidates; and 11.02(2)(c) have practicing educators or faculty members regularly screen and counsel candidates. 11.02(3) In addition to the requirements outlined in 11.02(1), alternative teacher preparation programs at an approved Designated Agency must: 11.02(3)(a) be a one-year or two-year teacher preparation program for persons of demonstrated knowledge and ability who hold an alternative teacher license or interim authorization pursuant to section 22-60.5-111(7), C.R.S.; 11.02(3)(a)(i) one-year programs shall be designed to be completed in one year. The program may be extended for one additional year based on documentation of unforeseen circumstances, as demonstrated by the applicant and the designated agency and approved by the Department; 11.02(3)(a)(ii) two-year programs shall be designed to be completed in two years; and 11.02(3)(a)(iii) provide for a person being alternatively prepared as a special education generalist or in early childhood special education to be employed as an alternative teacher for a maximum of three years; 11.02(3)(b) Ensure that alternative teachers: 11.02(3)(b)(i) are employed by or have a clinical agreement in place with a school district, a licensed nonpublic childcare or other preschool facility, charter school, the Charter School Institute, nonpublic school or BOCES to teach; 11.02(3)(b)(ii) demonstrate competency in their subject area endorsement and/or assignment pursuant to section 3.00 of these rules including: 11.02(3)(b)(ii)(A) Excepting the provisions specified in 11.02(3)(b)(iii)(B) of these rules, if the alternative teacher is asked to teach in any content area(s) outside of their assessed content area, the school or school district is required to keep on file documented evidence that the alternatively licensed teacher has completed 24 semester hours of applicable coursework with a minimum grade of Bin the additional content area(s) or the equivalent thereof, or has passed the related approved content area test(s); and 11.02(3)(b)(iii) include a minimum of 225 clock-hours of planned instruction, including, but not limited to, teacher preparation courses that meet the quality standards and English Language Learner Quality Standards specified in 4.00 of these rules, training in dropout prevention, and prepare candidates to meet the additional endorsement standards for the endorsement area sought. 11.02(3)(b)(iii)(A) Varied program length and design are allowable for programs to address differentiated clock-hours needed for alternative teacher candidates based on their endorsement area standards. 11.02(3)(b)(iii)(B) For a person who holds a professional teacher license to obtain an added endorsement by completing an approved alternative teacher program in early childhood special education or special education generalist while employed as a general education teacher, a candidate must be actively engaged in preparation, mentoring, release time and assigned responsibility necessary to show competency in the following areas: 11.02(3)(b)(iii)(B)(I) diagnostic, formative and summative special education assessment;11.02(3)(b)(iii)(B)(II) progress monitoring;11.02(3)(b)(iii)(B)(III) drafting and finalizing Individualized Education Programs (IEP) and transition plans; 11.02(3)(b)(iii)(B)(IV) leading and facilitating reviews and IEP meetings; 11.02(3)(b)(iii)(B)(V) coordinating student services and resources with special service providers and special education paraprofessionals; 11.02(3)(b)(iii)(B)(VI) developing and delivering specially designed instruction specific to disability; 11.02(3)(b)(iii)(B)(VII) supporting differentiated instructional needs (i.e., accommodation and modification) in the student’s general education classroom(s). 11.02(3)(c) Evaluate alternative teachers’ progress in accordance with section 22-9-106, C.R.S.; 11.02(3)(c)(i) Mentor teachers may assess alternative teachers if trained in accordance with 22-9-106(4), C.R.S., except that mentor teachers are not required to hold a principal or administrator 11.02(3)(c)(ii) If a mentor teacher is not available, the designated agency may submit a plan for mentor support that provides that same level of mentorship to the alternative teacher.11.02(3)(d)

Include an alternative teacher support team consisting of, at a minimum, the alternative teacher’s mentor, the building principal and a representative of the approved designated agency; 11.02(3)(e) Identify the duties of the alternative teacher support team including: 11.02(3)(e)(i) evaluating the related prior education and experience of the alternative teacher to determine the appropriate program elements which will prepare the candidate for full licensure or added special education endorsements; 11.02(3)(e)(ii) providing the alternative teacher with an orientation to the school, its student population, the policies and procedures which affect teaching, classroom management strategies and the teacher’s responsibilities. 11.02(3)(e)(iii) ensuring the majority of the alternative teacher’s assignment will be in the content area in which the alternative teacher has been approved by the department under section 3.12; 11.02(3)(e)(iv) the method of evaluation and inventory tracking for each alternative teacher's proficiencies using performance evaluations, as based on the quality standards and as prescribed by section 5.00 of these rules; and 11.02(3)(e)(v) the schedule of mentor and principal observations, as well as a minimum of four alternative teacher observations by program leaders. 11.02(4) School districts, BOCES, accepted institutions of higher education, nonprofit organizations, nonpublic schools, charter schools, the institute or any combination thereof may apply to the State Board of Education for approval as an alternative teacher preparation program under section 22-60.5-205, C.R.S. 11.03 Authorization of New Educator Preparation Programs and Alternative Preparation Programs 11.03(1) Proposals submitted to the Department by entities for authorization by the State Board of Education as approved educator preparation programs and alternative preparation programs must include, but not be limited to: 11.03(1)(a) demonstrated evidence of a need for the proposed program; and 11.03(1)(b) detailed plan to address standards outlined in section 11.02 of these rules. 11.03(2) When an entity is approved for a new educator preparation program, including alternative preparation programs, the Department may review the new educator preparation program no sooner than 12 months but no more than 24 months after the new preparation program is initially approved. The program may be approved for up to five years. 11.03(3) When an approved entity offers a new educator preparation program or significantly modifies an existing program, the entity shall submit the new or modified program to the Department for review. 11.03(4) Each approved educator preparation program, including approved programs and alternative programs, must complete required data submissions for enrollee and program completers as well as additional data as requested by the Department. 11.04 Reauthorization of Approved Programs of Educator Preparation and Alternative Programs 11.04(1) An evaluation for the reauthorization of approved programs of educator preparation and alternative programs will occur no more frequently than once every five years, as specified in 22-60.5-121(4)(a)(I), C.R.S., if they have obtained full approval at the program’s last reauthorization review. 11.04(2) As part of the reauthorization process, programs: 11.04(2)(a) are responsible for providing evidence and documentation as requested by the Department, including but not limited to program design and implementation to meet standards in sections 4.00 through 6.00 of 11.04(2)(b) will facilitate, in collaboration with the Department, the onsite evaluation and corresponding logistics of a state review team site visit. 11.04(2)(b)(i) State review team members may include Department staff, educator preparation program leaders from other institutions, content experts, and educator leaders from Colorado schools. 11.04(2)(b)(ii) Programs are responsible for the costs associated with their reauthorization site visit to include such items as transportation, lodging, parking, and meals for the state review team. 11.04(3) Based on recommendations from the Department, the State Board of Education will determine whether a program will be approved, conditionally approved, placed on probation or terminated. 11.04(3)(a) Approval status can be for all content areas offered by a program or for individual areas the program has been authorized to provide for educator preparation. 11.04(3)(b) Programs placed on conditional approval or probation will receive identified areas for improvement that must be fully met through additional reviews and site visits prior to reconsideration by the State Board of Education. 11.04(3)(c) Programs placed on conditional approval may continue to enroll candidates but programs receiving probationary status are not able to enroll new candidates until such time that their status moves to conditional or approved. 11.04(3)(d) Programs placed on probationary status have no more than a year to address areas for improvement and either receive full or conditional approval. 11.04(3)(d)(i) If programs on probation cannot improve their approval status within the identified timeline, they will be terminated. 12.00 Reserved 13.00 Individualized Alternative Principal Programs and Alternative Principal Programs The following will serve as standards for the initial and continuing approval of individualized alternative principal programs and alternative principal programs. 13.01 In designing an individualized alternative principal program, the school district, charter school or nonpublic school shall, at a minimum, submit to the State Board: 13.01(1) documentation of the coursework, practicum and other educational requirements identified by the school district, charter school or nonpublic school that will comprise the individualized alternative principal program plan and that will be completed while the applicant is employed under the principal authorization; and 13.01(2) a letter from the district, charter school or nonpublic school stating its intention to employ the applicant as a principal or assistant principal upon issuance of the principal authorization. 13.01(3) At a minimum, an individualized alternative principal program must ensure that: 13.01(3)(a) the applicant will attain the information, experience, training and skills comparable to those possessed by a person who qualifies for an initial principal license as provided in section 22-60.5-301(1)(a), C.R.S.; 13.01(3)(b) upon completion, the candidate will be able to provide documented evidence of having met or surpassed the Principal Quality Standards cited in section 6.00 of these rules; 13.01(3)(c) the candidate will receive coaching and mentoring from one or more licensed principals and administrators, as well as continuing performance-based assessment of the candidate’s skills development; 13.01(3)(d) except that, if the candidate participates in a nonpublic school’s individualized alternative principal program approved by the State Board of Education, the candidate must receive coaching and mentoring from one or more principals and administrators who have three or more years of experience in a nonpublic school; 13.01(3)(e) the candidate demonstrates professional competencies using the assessment of quality standard measures in subject matter areas as specified by rule of the State Board pursuant to section 22-60.5-303, C.R.S.; and 13.01(3)(f) the candidate receives information and training on special education laws and regulations, as outlined in section 22-60.5- 111(14)(c)(IV), C.R.S. 13.02 A school district or districts, BOCES, accepted institution of higher education, nonprofit organization, charter school, the institute, nonpublic school or any combination thereof may apply to the State Board for approval as a designated agency of alternative principal programs under section 22-60.5-305.5, C.R.S. 13.02(1) In designing an alternative principal program, the designated agency must, at a minimum, demonstrate that: 13.02(1)(a) the applicant will attain the information, experience, training and skills comparable to those possessed by a person who qualifies for an initial principal license as provided in section 22-60.5- 301(1)(a), C.R.S.; 13.02(1)(b) the program content meets or exceeds the Principal Quality Standards cited in section 6.00 of these rules; 13.02(1)(c) training of alternative principals will include a minimum of 225 clock-hours of planned instruction, and activities must include, but not be limited to, principal preparation courses that meet the Principal Quality Standards and English Language Learner Quality Standards. 13.02(1)(d) the candidate will receive coaching and mentoring from one or more licensed principals and administrators, as well as continuing performance-based assessment of the candidate’s skills development; 13.02(1)(e) the candidate will be required to demonstrate professional competencies using the assessment of quality standard measures in subject matter areas as specified by rule of the State Board pursuant to

section 22-60.5-303, C.R.S.; 13.02(1)(f) the candidate will receive information and training on special education laws and regulations, as outlined in section 22-60.5- 111(14)(c)(IV), C.R.S.; and 13.02(1)(g) the alternative principal program will be designed to be completed in three years or less. 13.02(1)(g)(i) School districts may only employ a person under a principal authorization for three years, after which time, the person must obtain an initial or professional license in order to continue working as a principal. 13.02(2) Proposals submitted by entities for authorization as designated agencies of alternative principal programs must include, but not be limited to: 13.02(2)(a) demonstrated evidence of a need for the proposed program; 13.02(2)(b) evidence of the establishment of an advisory council by the designated agency; 13.02(2)(c) a listing of the advisory council’s duties, which must include but need not be limited to: providing the designated agency with information regarding the organization, management and operation of the approved alternative principal program; 13.02(2)(d) criteria for the selection of mentor principals which must include but need not be limited to: evidence of exemplary school leadership; the ability to model and counsel the alternative principal; relevant coursework; and a valid license and endorsement as a professional principal. 13.03 When a new designated agency is approved to offer a new alternative principal program, the department may review the new program no sooner than 12 months but not more than 24 months after the new program is initially approved.

The designated agency that operates an alternative principal program will be reauthorized not more than once every five years. 14.00 Colorado Teacher of the Year Program 14.01 Administration 14.01(1) The Colorado Teacher of the Year is selected in accordance with the National Teacher of the Year selection criteria as articulated by the Council of Chief State School Officers. 14.01(2) The Department may reward the educator with gifts, services and opportunities that may include: 14.01(2)(a) a sabbatical from teaching responsibilities that includes moneys awarded to the recipient’s employer for the purpose of hiring a substitute teacher during the award recipient’s sabbatical; 14.01(2)(b) a cash gift; 14.01(2)(c) travel and lodging expenses; 14.01(2)(d) a computer; 14.01(2)(e) supplies and equipment for the award recipient’s classroom or school; and 14.01(2)(f) the opportunity to receive additional training or education. 14.01(3) During tenure as Colorado Teacher of the Year, the award recipient may participate in activities such as: 14.01(3)(a) attending local, regional and national events related to the award recipient’s designation as Colorado Teacher of the Year; 14.01(3)(b) promoting the teaching profession; 14.01(3)(c) teaching best practices to other teachers; 14.01(3)(d) teaching temporarily in other public schools or school districts; 14.01(3)(e) mentoring students in teacher preparation programs and supporting newer teachers in Colorado; 14.01(3)(f) collaborating with institutions of higher education in scholarly research and teaching; and 14.01(3)(g) participating in special projects relating to education that are important to the award recipient. 15.00 Inactive Status of Licenses 15.01 Holders of professional licenses may request to place their licenses in inactive status by notifying the Department, via an online application. 15.01(1) While on inactive status, the expiration date of a professional license is suspended and the individual is deemed as not holding the credential. 15.01(2) A person may return a professional license to active status at any time upon application. 15.01(3) Upon application to return to active status, the Department must reissue the professional license with a new expiration date reflecting the period remaining on the professional license as of the date the license-holder placed the license in inactive status. 15.01(4) The Department may, upon request of a license-holder, and with evidence of the license-holder’s active military service, reissue the license with a new expiration date reflecting the amount of time which remained on the license prior to the license-holder’s active military service, plus the amount of time during which the license-holder served in active military service. 15.01(1)(5) Renewal of licenses previously inactive: 15.01(1)(5)(a) Any person who placed a license on inactive status may, but is not required, to complete professional development activities which meet the requirements of section 7.02 of these rules. Such activities completed while on inactive status must apply to renewal of the person's professional license after the person returns to active status, as long as: 15.01(1)(5)(a)(i) at the time of renewal, the license-holder provides to the Department evidence of completion of the professional development activities which meet the requirements for license renewal as provided in section 7.02 of these rules; and 15.01(1)(5)(a)(ii) the professional development activities were completed within the five years preceding the date on which the professional license will expire after its return to active status. 16.00 Waivers 16.01 A written request for a waiver must be received by the State Board of Education at least 120 days prior to proposed implementation. The State Board is authorized to waive any requirement regarding alternative teacher programs or approved induction programs. Waiver applications must include: 16.01(1) the specific portion of these rules to be waived; 16.01(2) the rationale for the request; 16.01(3) detailed information on the innovative programs or plans to be instituted; 16.01(4) financial impact of the proposed waiver, if applicable; 16.01(5) reasons why these innovative programs or plans cannot be implemented under the applicable rule; and 16.01(6) a detailed plan for the evaluation of the innovative programs or plans to show their effectiveness in improving the quality of the affected educators.

Editor’s Notes

History Rules 2260.5-R-1.00, 15.00, 15.05 emer. rules eff. 08/14/2008.

Rules 2260.5-R-1.00, 15.00, 15.05 eff. 10/31/2008.

Rules 2260.5-R-1.16, 4.04 eff. 10/30/2009.

Rules 2260.5-R-1.00-2.04, 3.01, 3.03, 3.12, 4.03, 4.12, 4.17, 7.02, 13.00, 18.00-19.00 eff. 07/30/2010.

Rules 2260.5-R-1.19, 4.11, 4.14(11)(d-e) emer. rules eff. 09/16/2010.

Rules 2260.5-R-1.17, 4.11, 6.13, 10.05 eff. 12/31/2010.

Rules 2260.5-R-1.20, 8.22-8.23 eff. 01/31/2011.

Rules 2260.5-R-1.21, 4.16, 15.00-15.00(5) eff. 09/30/2012.

Rules 2260.5-R-2.01, 2.03, 3.01, 3.03, 3.05-3.07, 3.12, 4.02-4.04, 4.11, 4.13, 4.17, 8.02, 8.04, 8.14, 12.02, 15.03, 18.00, 23.01 eff. 01/30/2013.

Rules 2260.5-R-1.23, 3.01(2)(e)(ii)(3), 3.06(1), 3.12(3)(b)(i), 4.13(3), 4.13(5), 4.17 eff. 05/15/2014.

Rule 2260.5-R-8.20 eff. 07/30/2014.

Rule 2260.5-R-4.18 eff. 08/14/2014.

Entire rule eff. 03/30/2016.

Rules 2260.5-R-1.24, 2.01(26), 3.02(1), 3.05-3.07, 4.02(1), 4.09, 4.12-4.14, 4.17, 4.18, 7.02(1), 8.14, 9.01, 9.05-9.07, 10.02, 10.04-10.06, 11.09, 12.00, 12.02, 13.00, 13.01, 15.00, 15.01 eff. 06/14/2017.

Rules 2260.5-R-1.25, 2.01, 12.02(1), 13.00, 15.00, 18.00, 18.01 eff. 01/30/2018.

Entire rule eff. 08/14/2018.

Entire rule eff. 05/30/2019.

Entire rule eff. 07/30/2020.

Entire rule eff. 04/30/2021.

Entire rule eff. 12/30/2021.

Entire rule eff. 11/30/2022.

Entire rule eff. 06/30/2023.

Rules 1.00, 2.01(11), 2.01(42)-(43), 3.02, 3.04(5), 3.05(4)-(5), 4.19, 5.04, 7.01, 7.02, 8.02(3)(a), 11.0, 12.00 eff. 05/30/2024.

Entire rule eff. 11/30/2024.

Entire rule eff. 03/31/2026.

Annotations Introductory paragraph of Rule 2260.5-R-23.00 (adopted 11/10/2005) was not extended by House Bill 07-1167 and therefore expired 05/15/2007.

Rules 2260.5-R-3.03(2)(a), 3.06(1)(a), 3.06(1)(c), 3.07(1)(d), 4.13(4)(c), 4.17(7), 15.00(2)(d), 15.00(2)(j) (adopted 12/14/2006) were not extended by Senate Bill 08-075 and therefore expired 05/15/2008.

Rules 2260.5-R-3.07(1), 4.17(1), 4.17(2), 4.17(3) were repealed by Senate Bill 08-075, eff. 05/15/2008.

Rules 4.11(6)-4.11(6)(d) (adopted 08/08/2012) were not extended by Senate Bill 13-079 and therefore expired 05/15/2013.

Rule 4.04 (adopted 12/05/2012) was not extended by Senate Bill 15-100 and therefore expired 05/15/2015.

1 CCR 301-38 Rules for the Administration of the School District Budget Law {#sec-1-ccr-301-38 omnilex-key=us-co-regs-official--department-4--1 CCR 301-38}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE SCHOOL DISTRICT BUDGET LAW 1 CCR 301-38 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Adopted: 6-9-94, 3-6-08 Attorney General Opinion: 6-29-94 Statutory Authority: 22-44-105, 22-44-111, 22-30.5-104, 22-30.5-503, 22-2-107(l)(c), 22-30.5-603, C.R.S. 2244-R-1.00 Applicability.

The rules stated herein shall apply to Colorado public school districts. The term districts shall include public school districts, the charter school institute, charter schools, charter school collaboratives, and boards of cooperative educational services. 2244-R-2.00 Summary Budget Format.

Districts shall utilize a Summary budget format in presenting their budgets. The Summary budget format shall be understandable to any layperson and shall meet the following guidelines. 2.01 The budget format shall allow comparisons of revenues and expenditures among districts by pupil. 2.02 The budget format shall itemize expenditures of the district by fund and by pupil. The budget shall describe the expenditure and show the amount budgeted for the current fiscal year, the amount estimated to be expended for the current fiscal year, and the amount budgeted for the ensuing fiscal year. 2.03 The budget shall ensure that the district holds unrestricted general fund or cash fund emergency reserves in the amount required under the provisions of section 20 (5) of article X of the state constitution; except that, if a board of education provides for a district emergency reserve in the General Fund for the budget year, established at an amount equal to at least 3% of the amount budgeted to the General Fund, the board may: (1) designate real property owned by the district as all or a portion of the reserve required as long as the board has filed with the state treasurer and the Department of Education a letter of intent that expresses the intent of the board to increase the liquidity of such property upon the occurrence of a declared emergency within the meaning of section 20 (5) of article X of the state constitution by entering into one or more leasepurchase agreements with respect to such property or by other means acceptable to the state treasurer, or (ii) secure a letter of credit from an investment-grade bank as all or a portion of the reserve required so long as the board has filed with the state treasurer and the Department of Education a letter of intent that expresses the intent of the board to satisfy its obligation to reimburse the bank for moneys drawn on the letter of credit upon the occurrence of a declared emergency that are not reimbursed to the bank within the same fiscal year by entering into leasepurchase agreements with respect to real property owned by the district. 2.04 The budget shall summarize revenues by revenue source and shall summarize expenditures by chart of account program, fund, and object. 2.05 The adopted budget shall not provide for expenditures, interfund transfers, or reserves, in excess of available revenues and beginning fund balances. 2.06 If the budget includes the use of a beginning fund balance or if at any time during the fiscal year following the adoption of a budget by a board of education the school district determines that the use of an additional portion of the school district’s beginning fund balance is necessary, the district board of education shall adopt a resolution specifically authorizing the use of a portion of the beginning fund balance in the district budget. The resolution, at a minimum, shall specify the amount of the beginning fund balance to be spent under the district budget, state the purpose for which the expenditure is needed, and state the district’s plan to ensure that the use of the beginning fund balance will not lead to an ongoing deficit. 2.07 Each district shall annually prepare an itemized reconciliation between the fiscal year end fund balances based on a budgetary basis of accounting used by the district and the fiscal year end fund balances based on the modified accrual basis of accounting. The reconciliation shall include, but need not be limited to, the liability for accrued salaries and related benefits. The reconciliation shall be included with the final version of the amended budget and the annual audited financial statements. 2.08 The proposed expenditures and anticipated revenues in the budget shall be supported as needed by explanatory schedules or statements of sufficient detail to judge the validity thereof, including a statement which summarizes the aggregate of revenues, appropriations, assets, and liabilities of each fund in balanced relations. The budget shall disclose planned compliance with section 20 of

article X of the state constitution. 2.09 The summary budget shall be presented annually to the community on the Summary budget report adopted periodically by the state board of education. The Summary budget report will reflect the criteria required by rules 2244-R-2.00 through 2.09. 2244-R-3.00 Uniform Summary Sheet The state board of education, with input and recommendations from the financial policies and procedures advisory committee created in the department of education, shall establish by rule the standard budget report format and uniform summary sheet format to be used by each board of education. 3.01 Each district shall include a uniform summary sheet within its adopted annual budget each year. 3.02 For each fund budgeted by the district, the following information will be provided within its adopted budget: budgeted pupil count, beginning fund balance, revenues by grouped source, allocations to/from other funds, transfers to/from other funds, expenditures by program and object group, reserves, and non-appropriated reserves. 2244-R-4.00 Statement of Basis and Purpose.

The basis for these rules is found in C.R.S. Article 44 of Title 22, School District Budget Law;

Article 30.5 of Title 22, Charter Schools; as well as in Section 22-2-107(l)(c) which relates to the duties of the state board of education. School District Budget Law requires the state board of education to establish in rule and regulation a Summary budget format that meets certain criteria relating to the need for the public to be able to understand and compare school district budgets.

These rules establish a Summary budget format and require school districts to utilize the summary budget report adopted by the state board of education in presenting their budget to the community and the adopted annual budget data to the department of education. 4.01 Statement of Basis and Purpose Amendments. The 2010 changes to the rules are being made due to statutory amendments included in HB 08-1388, HB 10-1013, HB 10-1171, SB 09-256, and SB 10-161.

The rules are being modified to include charter school collaboratives for purposes of applicability, elimination of the budget reporting requirements to the department, addition of a required uniform summary sheet format to the budget process, and expansion of the 3% emergency reserve requirement to allow a letter of credit or designation of real property. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/30/2008.

Entire rule eff. 03/02/2011.

1 CCR 301-39 Rules for the Administration of the Public School Finance Act of 1994 {#sec-1-ccr-301-39 omnilex-key=us-co-regs-official--department-4--1 CCR 301-39}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE PUBLIC SCHOOL FINANCE ACT

1 CCR 301-39 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose These rules are adopted pursuant to the authority in section 22-54-103(10) and (10.5), -104(5)(c)(IV), - 120, and -129(6), C.R.S., and are intended to be consistent with the requirements of the State Administrative Procedures Act, sections 24-4-101, et seq., C.R.S. The purpose of these Rules is to:

Establish regulations and procedures for administration of the Public School Finance Act, including (but not limited to) procedures for revocation or withholding of school district accreditation for Act violations; determination of district pupil membership, enrollment, and district at-risk funding; English Language Learner funding; and assignment of cost of living factors in the event of district reorganizations;

Implementing funding for approved facility schools and state programs; coordinating these rules with the administration of the Exceptional Children Educational Act (Article 20 of Title 22, C.R.S.); and assuring the pupil count associated with the Public School Finance Act fairly distributes funding to school districts to provide continuing instructional services.

1. Definitions 1.01 “Alternative teacher-pupil instruction” means the organized delivery of educational content (aligned to state standards where applicable) for pupils enrolled in a brick-and-mortar public school under the supervision of a licensed educator that may take place asynchronously. The following types of courses with alternative teacher-pupil instruction can be funded with appropriate documentation: independent study, work-based learning as defined in sections 22- 54-202(8) and 8-83-601(15), C.R.S., blended learning, and supplemental online learning. 1.01(1) Work-based learning courses are credit-bearing courses that must be incorporated within the student’s Individual Career and Academic Plan (ICAP) in order to qualify for funding.

They are learning opportunities that occur in part or in whole in the workplace and provide the learner with hands-on, real-world experience and training for skills development. 1.01(2) Blended Learning courses are credit-bearing courses for a student enrolled in a traditional brick-and-mortar school where some of the direct instruction is regularly received in-person and on-site and some of the digitally delivered asynchronous instruction is received off-site (with some element of student control over the time and place of participation). 1.01(3) Independent study courses are credit-bearing courses in which some or all of the course is being completed off-site, independently by the student. They include the provision of content aligned to grade-level standards (where applicable) and are substantially equivalent to a traditional course. In order to qualify for funding, the independent study course must have a written learning plan that includes the course outline or plan for study, the digital or print curriculum or materials to be used, requirements for submitting assignments and recording the academic progress, and the role of the supervising licensed teacher. A pupil can be funded for only one alternative instruction independent study course for the fall semester unless the student has exhausted the curriculum options in their brick-and-mortar school. 1.01(4) Supplemental online courses are credit-bearing courses taken by students enrolled in traditional, brick-and-mortar schools in which all of the instruction is digitally delivered and is received off-site or is taken on-site but not at a scheduled time where attendance is mandatory. 1.01(5) Credit-bearing means that a passing grade and credits are given for satisfactory completion of course requirements within the parameters of the academic calendar. 1.01(6) Asynchronous means the delivery of educational content designed to allow the teacher and the pupils to engage with the educational content at different times. 1.01(7) On-site means the physical location where the school or contractor regularly delivers in person instruction. 1.01(8) Equivalency refers to the fundable time for alternative instruction courses. Whereas direct instruction is funded based on “time in seat,” alternative instruction courses are based on an equivalency to the time that a pupil would have been “in a seat” if they had taken a similar course in-person and on-site. The instructional time for all alternative instruction courses will be determined based on equivalency to a same or similar credit-bearing course in the school or district that is delivered 100 percent on site. 1.02 “Applicable count date” means the pupil enrollment count date under section 3 of these rules or, if approved by the Department, the alternative count date under section 4 of these rules. 1.03 “BOCES” means a board of cooperative services pursuant to Article 5 of Title 22, C.R.S. 1.04 “Catalog of Courses Using Alternative Teacher-Pupil Instruction” means a listing of alternative teacher-pupil instruction courses that are eligible for student enrollment by a district, BOCES, innovation school, innovation zone, or charter school. 1.04(1) The catalog of courses using alternative teacher-pupil instruction must include a listing of courses, a description of each of the courses and identification of course provider if applicable, and the credit associated with each course. 1.05 “Commissioner” means the commissioner of education. 1.06 “District” means any public school district organized under the laws of Colorado, except a junior college district. “District” includes a BOCES, innovation school, innovation zone, charter school, or other entity when said entity has legal responsibility for the applicable school calendars and student schedules. 1.07 “Department” means the Colorado Department of Education. 1.08 “Direct teacher-pupil instruction” means the organized delivery of educational content (aligned to state standards where applicable) for pupils enrolled in brick-and-mortar public schools under the supervision of a licensed educator that takes place synchronously, when the licensed educator and the pupil are in the same physical location or when the licensed educator and the pupil are in the same virtual classroom. Direct instruction also includes engagement with educational content in courses, such as study hall or advisory or credit recovery lab or independent study, that are onsite at a scheduled time during regular school hours and for a set amount of time and where attendance is mandatory. 1.08(1) For the purpose of these rules, “synchronous” refers to the organized delivery of educational content which occurs during scheduled times and includes real-time interactions between teacher and pupils in-person, by video, or by phone. 1.09 “Home-bound pupil” means a pupil who cannot receive instruction in a school setting due to a temporary or permanent illness, hospitalization, medical or mental health impairment or condition, or due to an expelled or incarcerated status. 1.10 “Home school pupil” means a pupil receiving a non-public home-based educational program pursuant to Section 22-33-104.5, C.R.S. who is also enrolled and receiving instruction part-time from a Colorado public school. 1.11 “Licensed educator” or “licensed teacher” means a teacher with an active Colorado educator credential. Each local board shall define “supervision of a licensed teacher.” For purposes of these Rules only, “licensed teacher” shall be construed to include any educator of record when the district is not required by law to use a licensed teacher. 1.12 “Local board” means the board of education of a district or the board of a BOCES, charter school, innovation school, innovation zone, or other entity when said entity has legal responsibility for the applicable school calendar and student schedule. 1.13 “Major Religious Holiday,” for purposes of identifying a statewide pupil enrollment count, means a day or days on which approximately two (2) percent of the state’s K-12 pupil population is likely to be absent in order to observe a religious holiday. The Department will identify the percentage of pupils likely to observe a religious holiday based on the most current religious demographic data available from a reliable research organization, such as the Association of Religious Data Archives or The Pew Research Center’s Forum on Religion and Public Life. 1.14 “Private school pupil” means a pupil enrolled in an independent or parochial school which provides a basic academic education pursuant to Section 22-33-104(2)(b), C.R.S. and who has also been enrolled by a parent or guardian and receiving instruction part-time from a Colorado public school. 1.15 “Pupil” means, except as otherwise provided in Section 22-2-402(7) or Articles 20 and 28 of Title 22, C.R.S, a student (1) under age 21 as of October 1 of the applicable budget year who has not met the graduation requirements of the district as of the applicable count date, and (2) at least age five as of October 1 of the applicable budget year. 1.16 “Semester” means the total number of scheduled student contact days for the school year as documented by the district’s adopted board calendar divided by two. 1.17 “State Board” means the state board of education.

2. General 2.01 The Public School Finance Act of 1994 and these rules shall apply to all schools within districts.

Section 2.05 does not apply to online schools and programs, which are governed instead by §22- 30.7-105(2)(a) and 1 CCR 301-71, Rule 8. The Commissioner may grant variances to any or all of these Rules. 2.01(1) If the Department determines that a district has not complied with the provisions of the Public School Finance Act of 1994 or these rules, the Department shall notify such district in writing of the specific violation and shall state that the district’s accreditation may be revoked or withheld by the State Board for such violation. 2.01(2) Such district shall have 30 days in which to respond in writing to the Department’s notification. 2.01(3) The Department shall review such responses. 2.01(3)(a) If after making such review, the Department determines that such district is in compliance, no further action is necessary. 2.01(3)(b) If after making such review, the Department determines that such district is still not in compliance, it shall forward the notification and the district response to the State Board. 2.01(4) When necessary, the State Board shall schedule a hearing with such district at the next available regularly scheduled State Board meeting occurring after the end of the 30-day district response time and shall notify the district of such hearing. 2.01(5) At such hearing, the Department shall present its findings of non-compliance to the State Board, and the district shall respond to such presentation. 2.01(6) At the next regularly scheduled State Board meeting following such presentation, the State Board shall decide if it intends to revoke or withhold such district’s accreditation under section 22-2-106(1), C.R.S., and shall notify the district in writing of its decision. 2.01(7) If the State Board places such district on non-accredited status, the Commissioner shall initiate school organization planning pursuant to Article 30 of Title 22, C.R.S. 2.02 The Department shall prepare necessary forms and appropriate directions related thereto, which a district shall use to provide data required by the Department to meet its responsibilities in the Public School Finance Act of 1994. 2.02(1) A district shall submit its electronic data exchange student file, along with a signed form “certification of pupil enrollment”, no later than November 10. 2.03 The Department shall make available to a district detailed procedures with standard forms and records, which a district shall use to compute its certification of pupil enrollment to the State Board pursuant to Section 22-54-112, C.R.S. 2.03(1) A district may request and receive approval from the Department for alternative procedures for documentation which do not follow the standard procedural manual. 2.03(2) The Department requires districts to automate the pupil count process; nonetheless, any such computerization does not reduce or eliminate a district's obligation to provide source documents for auditing purposes. 2.04 Computation and reporting of data shall be as outlined below. 2.04(1) A district and the Department shall compute and report mill levy data to the nearest thousandth. 2.04(2) A district and the Department shall compute and report any dollar data to the nearest cent dollar. 2.04(3) A district and the Department shall compute and report any funded pupil count, pupil membership and pupil enrollment data to the nearest tenth. 2.05 Instructional Time for Purposes of the School Finance Act 2.05(1) To receive funding, a district must provide evidence of Instructional Time for purposes of funding each enrolled and attending pupil. 2.05(1)(a) For grades six through twelve, Instructional Time for funding each pupil may include direct teacher-pupil instruction and alternative teacher-pupil instruction for that pupil. 2.05(1)(a)(I) Alternative teacher-pupil instruction courses may not be considered for funding purposes if the course is not included in the published catalog. Beginning with calendars adopted for the 2024-25 school year and each school year thereafter, districts shall publish a catalog of courses using alternative teacher-pupil instruction (as defined in these rules) for any such courses they intend to provide to secondary pupils that they would also like included as instructional time. The catalog must be published on the school/district/BOCES website by the applicable count date. 2.05(1)(b) For grades kindergarten through five, Instructional Time for funding each pupil may include direct teacher-pupil instruction. 2.05(1)(b)(I) Alternative teacher-pupil instruction time may be used for homebound students, as outlined in 5.03(2)(c). 2.05(1)(c) For all grades, kindergarten through twelve: 2.05(1)(c)(I) For on-site classes, passing between two classes, and between a class and lunch, may be included as instructional time which counts towards funding eligibility. Each passing that can be considered as instructional time which counts towards determining funding eligibility shall not exceed 7 minutes. 2.05(1)(c)(II) Time provided for breakfast or lunch may not be included as instructional time for purposes of determining funding eligibility. 2.05(1)(c)(II)(i) A lunch break of at least 20 minutes must be provided to students scheduled for more than five hours of daily instruction. 2.05(1)(c)(III) A district may include time for independent study and/or asynchronous learning that occurs off-site when a district conducts remote learning sporadically in response to public health and safety orders and precautions as instructional time for purposes of determining funding eligibility. 2.05(1)(c)(IV) Instructional time for purposes of determining funding eligibility does not include parent-led or parent-directed instruction. 2.05(1)(c)(IV)(i) Direct teacher-pupil instruction minutes cannot include the minutes where the parent is instructing or supervising the delivery of educational content. 2.05(1)(c)(IV)(ii) Instructional time for purpose of the Public School Finance Act does not include instructional time based on the district (or its contractor) providing funding directly to families or creating a spending account for the parent to use to design their educational experience. For example, a music class counts as instructional time if it is designed by the district (or its contractor) and delivered by employees of the district (or its contractor) that are subject to the Department’s HR data collection; by contrast, a music class does not count as instructional time based on directly or indirectly providing funding to families (e.g., reimbursement or direct order) to pay for a private music instructor off-site. 2.05(1)(c)(IV)(iii) For alternative teacher-pupil instruction courses, the course must be designed by the district or contractor rather than custom built by a parent. The catalog of courses must include the educational content that will be provided in the course, not what could be provided based on the interests of the parent. 2.05(1)(c)(IV)(iv) Parent includes guardian or other person living in the home with the pupil. Parent does not include an individual who is employed by or contracted with the school or district and is subject to Human Resources data collections. 2.05(1)(c)(V) In no instance shall a district submit a pupil for funding if the instructional time used to qualify a pupil for funding is provided in an environment that requires participation in a tuition-based non-public school. 2.05(2) A district must comply with Section 22-32-109, C.R.S. regarding planned and actual hours for “teacher-pupil instruction and teacher-pupil contact” at the school level. The Commissioner issues additional guidance regarding the reporting of “teacher-pupil instruction and teacher-pupil contact” for purposes of Section 22-32-109(1)(n), C.R.S. In the Commissioner’s guidance, Instructional Time for purposes of funding under the School Finance Act may be the same or different from “teacher-pupil instruction and teacher-pupil contact” for purposes of planned and actual hours in compliance with

Section 22-32-109(1)(n).

3. Pupil Enrollment Count Date 3.01 The Department shall identify the pupil enrollment count date by no later than July 1 of each year.

The pupil enrollment count date is October 1 of each year, except as otherwise provided below. 3.01(1) In any year in which October 1 is a Saturday or a Sunday, except as described in section 3.01(2) of these rules, the pupil enrollment count date is the Monday following that Saturday or Sunday. 3.01(2) In any year in which a day of a Major Religious Holiday occurs upon October 1, or, in years in which October 1 falls on a Saturday or Sunday, as described in section 3.01(a) of these rules, or upon the Monday directly following October 1, the pupil enrollment count day is the first week day immediately following the conclusion of the holiday. 3.02 A district shall use the pupil enrollment count date unless an alternative count date is approved by the Department. 3.03 The Department may accept amended pupil enrollment count date pupil data, with appropriate supporting documentation, as provided by a district, unless the pupil enrollment count date pupil data has been audited by the Department. 3.04 In no instance shall a district solicit pupils from other districts for the sole purpose of attendance for the applicable pupil enrollment count date . 3.05 In no instance shall a district solicit pupils from the home school population solely for purposes of attendance for the applicable pupil enrollment count date .

4. Alternative Count Date 4.01 As needed, a district may submit to the Department a proposal for an alternative count date or dates. The Department may approve the establishment of district or school alternative count date(s) as appropriate prior to a district's proposed alternative count date(s). Such alternative count date(s) shall be set not more than forty-five (45) school days after the first school day of the applicable school year. 4.02 The count on the alternative count date will be conducted in the same manner as the count on the pupil enrollment count date. 4.03 The Department may accept amended alternative count date pupil data, with appropriate supporting documentation, as provided by a district, unless the alternative count date pupil data has been audited by the Department.

5. Determination of Membership and Funded Pupil Count Enrollment 5.01 A district's pupil membership and funded pupil count shall include only pupils enrolled in the district and in attendance in the district or educational program with which the district has contracted to provide instructional services. 5.01(1) No pupil shall be counted in a district’s funded pupil count more than one full-time equivalent. A pupil in membership in two or more districts or in two or more eligible educational entities shall not be counted in the state’s funded pupil count more than one full-time equivalent in total. 5.01(2) A pupil included in a district's full-time membership shall equal one full-time equivalent (1.0) for purposes of the district’s funded pupil count, and a pupil included in a district's

part-time membership shall equal one-half of one full-time equivalent (0.5) for purposes of the district’s funded pupil count. 5.01(3) Following the November 10 data submission (as described in 2.02(1) of this section), pupils counted in membership by multiple districts, such that the pupil exceeds one fulltime equivalent in the state’s funded pupil count will be included in the state’s duplicate count process as determined by the Department. During the duplicate count process, the Department will evaluate appropriate documentation submitted by each district to determine which district may include the pupil in membership. 5.01(4) A district may only enroll pupils in a school authorized to serve the grades in which the pupils will be enrolled. Authorized to serve means the grades were included in the contract with the authorizer (if applicable) and the school has a school code that reflects the relevant grades. 5.02 A pupil shall be “enrolled” during the school year if such pupil attends a public school, or educational program with which the district has contracted to provide instructional services, at any time on or prior to the applicable count date. 5.02(1) Enrollment must be evidenced by the receiving district with official registration, entry date of pupil, and official individual class schedule dated on or before the applicable count date, as well as the date the pupil first attended on or before the applicable count date. 5.02(2) A district shall record withdrawals and transfers as of the last date of attendance prior to the date the pupil or the pupil’s parent or guardian gives oral or written notification of the withdrawal or transfer. 5.03 A pupil shall be in “attendance” if one or more of the following apply. 5.03(1) The pupil is in attendance for all or any portion of the applicable count date. 5.03(1)(a) For pupils exclusively enrolled in alternative teacher-pupil instruction (as defined in these rules), the district must provide attendance verification based upon direct teacher-pupil interaction or evidence of student engagement with course content. The Department will outline additional details in the Student October Count Audit Resource Guide. Districts may obtain pre-approval from the Department to include other forms of attendance verification. 5.03(2) The pupil is not in attendance on the applicable count date, for any reason but has been in attendance with the reporting district at some time prior to the applicable count date during the current school year, has not withdrawn or transferred from the district, and has resumed attendance within 30 calendar days after the applicable count date. 5.03(2)(a) A pupil who is not in attendance on the applicable count date or within 30 days following the applicable count date, but has established attendance prior to the applicable count date, may be considered in attendance if the student is identified as truant and the district has taken legal action as outlined in Article 33 of Title 22, C.R.S., to compel the pupil’s attendance. A district shall document that it has notified the pupil’s parent or guardian of its request for action by the court or of its directive to its attorney to file a request with the court. A district shall also document that it has made such a request of the court within 10 school days of the applicable count date. Nothing in this section 5.03(2)(a) modifies the rules for counting dropouts or attendance under 1 CCR 301-1 and 1 CCR 301- 78. 5.03(2)(b) A pupil that has established attendance within the school year prior to the applicable count date, is expelled, and, within 30 calendar days following the applicable count date, (1) resumes attendance, (2) begins receiving educational services under an Individual Educational Plan (IEP), or (3) begins receiving educational services under Section 22-33-203(2)(c), C.R.S., is enrolled and in attendance for purpose of these Rules. 5.03(2)(c) A pupil that has established attendance within the school year prior to the applicable count date, begins receiving home-bound services, and, within 30 calendar days following the applicable count date, (1) resumes attendance or (2) begins receiving educational services under an Individual Educational Plan (IEP) is enrolled and in attendance for purpose of these Rules. 5.04 A district shall count a pupil in full-time funded pupil count, if (1) the pupil is enrolled and in attendance as of the applicable count day pursuant to these Rules, and (2) the pupil has a schedule that provides at least 360 hours of Instructional Time (as defined in these Rules) in the semester of the applicable count date. 5.04(1) A pupil receiving services under an IEP which states the pupil is unable to benefit from a full-time program of services and explicitly describes how the pupil’s disability affects their involvement, progress, and participation in appropriate activities such that the student would not be able to meet the full-time scheduling requirement, shall be deemed to meet the requirements of this section 5.05. 5.04 (2) A pupil who completes one school year of enrollment in a half-day kindergarten educational program and does not advance to first grade, pursuant to Section 22-7-1207, C.R.S., is counted as a full-day pupil for the second year in which the pupil is enrolled in the half-day kindergarten educational program. 5.05 A district shall count a pupil in part-time funded pupil count, if (1) the pupil is enrolled and in attendance as of the applicable count day pursuant to these Rules, and (2) the pupil has a schedule that provides at least 90 hours but less than 360 hours of Instructional Time (as defined in these Rules) in the semester of the applicable count date. 5.05(1) Unless a pupil is reported by the district as being in kindergarten, receiving services under an IEP, identified by the Department as being in their fifth year of high school or beyond, or identified as participating in High School Equivalency Diploma program, or identified as a home-based education student receiving educational services by the district, a district shall obtain documentation which describes the reasons the pupil is enrolled part-time and confirms how the pupil is compliant with the Compulsory school attendance requirements of Section 22-33-104, C.R.S. 5.05(2) A district may include home school pupils enrolled and attending a district educational program who meet the requirements of these Rules. A home school pupil is not eligible to be counted for more than a part-time funded pupil count (0.5 FTE). 5.05(3) A district may include private school pupils enrolled and attending a district educational program who meet the requirements of these Rules. A private school pupil is not eligible to be counted for more than a part-time funded pupil count (0.5 FTE). 5.06 For purposes of applying sections 5.03(2)(c), 5.03(2)(d), 5.05, and 5.06 of these Rules, the district shall utilize the pupil’s home-bound or expelled schedule if the student has been receiving home-bound or expelled services since the start of the school year, or the pupil’s schedule that was in place prior to beginning home-bound or expelled services if the pupil established attendance using that schedule during the current school year. 5.07 For pupils exclusively enrolled in alternative teacher-pupil instruction or any pupil that has a schedule that does not require the pupil’s regular physical presence at a public school, program or contracted service provider at a location in Colorado, the district must verify and document student residency in the State of Colorado upon enrollment and annually thereafter. 5.08 Pupils exclusively enrolled in online K-12 courses that take place off-site, but are not enrolled in an online school, must be enrolled in an online program. A student is not exclusively enrolled in online K-12 courses if they have at least one course scheduled to take place on-site, in-person, at a regularly scheduled time during regular school hours and where attendance is mandatory. 5.08 (1) Exception: Home-bound pupils, including expelled and incarcerated pupils, as defined in

section 1.09 of these rules, do not need to be enrolled in an online program. 5.9 For pupils enrolled in and attending post-secondary courses: 5.09(1) A pupil may meet the attendance requirements of sections 5.03 and 5.04 by attending either the district school or the institution of higher education. A district shall document the attendance as of the applicable count date of all pupils included in its pupil membership who are enrolled in secondary courses and shall provide evidence of tuition payment for courses at institutions of higher learning. 5.09(2) Pupils enrolled only in courses offered by an institution of higher education may be counted in full-time funded pupil count if the number of semester credit hours for the courses in which the pupil is enrolled on the applicable count date is equivalent to a fulltime pupil credit load as defined for the institution of higher education, or is equal to at least twelve semester credit hours. 5.09(3) Pupils enrolled only in courses offered by an institution of higher education may be counted in part-time funded pupil count if the number of semester credit hours for the courses in which the pupil is enrolled on the applicable count date is less than a full-time pupil credit load as defined for the institution of higher education or is less than twelve semester credit hours, but is at least three semester credit hours. 5.09(4) Pupils enrolled in both courses offered by the district and courses offered by an institution of higher education may be counted in full-time funded pupil count if the sum of the instructional hours in the district’s educational program is at least 90 hours and the credit hours for the institution of higher education’s courses is at least 3 semester credit hours. 5.09(5) If a pupil is enrolled in classes through the district only, sections 5.05 and 5.06 of these Rules apply. 5.09 (6) A district shall keep at its central district office a record of pupils included in its pupil membership who are enrolled at institutions of higher learning as of the applicable count date, as well as a record of the class schedules of such pupils. 5.10 A district’s pupil enrollment shall be the membership of the district as of the applicable count date and any adjustments for the following as applicable. 5.10(1) A pupil enrolled in a public school and receiving education services from another entity through a purchase agreement may be included in the district’s enrollment. The district shall ensure that the educational service provider maintains documentation sufficient to demonstrate compliance with these rules. The district shall be prepared to provide the contract and evidence of payment for the entire cost of services used to determine funding eligibility. The district shall also be prepared to provide documentation from the educational provider that evidences funding criteria have been met, including, at minimum, the provider calendar, provider bell schedule, student attendance, student schedules, and the Department’s annual statutory compliance assurances. 5.10(1)(a) Districts must ensure contractual education is of comparable quality and meet the same requirements and standards that would apply if performed by the school district as required by Section 22-32-122(3)(a), C.R.S. 5.10 (2) A pupil receiving services from a district under Section 22-32-141, C.R.S., on the applicable count date may be included in the district’s pupil enrollment. Pupils receiving services from a district under Section 22-32-141, C.R.S., who has established attendance within any Colorado public school district during the current school year prior to the applicable count date and resume attendance within 30 days after the applicable count date may be included in the district’s pupil enrollment if the pupil is not included in any other district’s pupil enrollment. 5.11 In the event a pupil meets the funding criteria at multiple districts, the Department will determine which district is eligible for funding. The following duplicate count process criteria will be considered in determining which district is eligible to submit the pupil for funding: 5.11(1) If one district is using the pupil enrollment count date and another is using an approved alternative count date, the district using the pupil enrollment count date is eligible to submit the pupil for funding. 5.11 (2) If a pupil transfers on the pupil enrollment count date and meets the funding requirements at multiple districts on the pupil enrollment count date, the receiving district is eligible to submit the pupil for funding. 5.11 (3) If a pupil transfers between two districts with approved alternative count dates and meets the funding requirements at both districts on their respective approved alternative count dates, the receiving district is eligible to include the pupil for funding. 5.11 (4) If a pupil is enrolled part-time at two Colorado public schools (and is not a home-school or private school pupil), both reporting districts may be eligible to submit the pupil for a maximum of part-time funding, pending a review of documentation to confirm the pupil’s eligibility. 5.11 (5) If a home-school or private school pupil is simultaneously enrolled and receiving educational services at two different districts, and the pupil meets the part-time funding criteria at both, the district of primary residence is allowed to submit the pupil for funding. 5.12 A pupil in a short-term detention center on the applicable pupil enrollment count date may be included in a district’s pupil membership if they meet the following criteria: 5.12 (1) The pupil was in attendance in the month preceding the count date, has not withdrawn from the district of residence, and the resident district received notification from the district in which the detention center is located verifying the pupil was in the detention center as of the pupil enrollment count day. 5.12 (2) Students not in attendance in the month preceding the count date are eligible to be counted if the district of residence is also the district where the detention center is located. The district must enroll and establish a schedule with intent to have the pupil attend district schools after release from the detention center. 5.12 (3) The district where the detention center is located (district of attendance) may count a pupil that is not eligible to be counted by the district of residence. The district of attendance must receive written verification from the district of residence stating that the pupil was not eligible to be counted by the district of residence. The district of attendance must provide the educational program at the detention center. 5.12 (4) Pupils in detention centers are not considered facility placed students. 5.13 A pupil for whom a district either pays or receives any amount of tuition may be included in a district’s pupil membership as follows: 5.13 (1) A pupil for whom a district receives maximum tuition shall be included only in the pupil enrollment of the district which agrees to pay the tuition. In the event an individual and not a school district is to pay the tuition, no district shall include the pupil in its pupil enrollment.

6. At-Risk Pupils, English Language Learners, Special Education Pupils 6.01 Pursuant to Section 22-54-103(1.5)(d), C.R.S., funding eligible pupils must be identified by a district as eligible for free or reduced-priced lunch as of the applicable count date in order to be included in the district’s at-risk count. 6.02 When determining a pupil's eligibility for free or reduced-priced lunch, a district may use a Direct Certification list, Application for Free or Reduced-Price Meals, Family Economic Data Survey form, combination form, or categorical eligibility determination list. All qualifying documentation and records shall be retained by the applicable district office. 6.02(1) Documentation evidencing a pupil's eligibility status shall be for the school year of the applicable count date. 6.02(2) Absent the current year documentation evidencing any lunch eligibility status, a district may submit the pupil's prior year documentation, which shall be valid evidence through the applicable count date of the current year. 6.02(3) A copy of the direct certification listing as of the applicable count date which includes the pupil’s name. 6.02(4) For a district with a school or schools operating under a federal Special Assistance Certification and Reimbursement Alternative, documentation must include evidence of the pupil’s inclusion on the district’s base year count and further evidence that such pupil remains included in a Special Assistance Certification and Reimbursement Alternative site within the district’s pupil enrollment. This method shall not be available if a district alters the boundaries of the participating schools. 6.03 Pursuant to Section 22-54-103(6.5)(a), C.R.S., funding eligible pupils are considered English Language Learners if they are reported with a Language Proficiency of Non-English Proficient or Limited-English Proficient as of the applicable count date and are within the five-year services window defined in English Language Proficiency Act (ELPA). 6.03(1) Districts must follow the state's standardized identification and redesignation procedures to identify and redesignate English Language Learners and retain documentation showing these procedures have been followed. 6.04 Consistent with section 22-54-103(10.8), C.R.S., a funding eligible pupil in the Student October Pupil Enrollment data collection is considered a Special Education Pupil if they are a child with a disability as defined in section 22-20-103(5), C.R.S. as of the applicable count date. Under

section 22-10-103(5), C.R.S., a child with a disability who, by reason of the conditions listed in

section 22-20-103(5)(a)(I), C.R.S. is unable to receive reasonable benefit from general education.

Special Education Pupils can be identified by a district through one of the following: 6.04(1) a current Individualized Education Program (IEP), or 6.04(2) a current determination of eligibility form dated within three years of the applicable count date.

7. Cost of Living Factor -- Newly Organized Districts 7.01 Except in the event of a deconsolidation as described in Section 22-30-102(2)(a), C.R.S., resulting in a newly organized district, the Department shall assign a cost-of-living factor for purposes of the Public School Finance Act of 1994 to a new district organized pursuant to Article 30 of Title 22, C.R.S. 7.02 In determining a cost-of-living factor to assign, the Department shall review materials used in the most recent cost of living analysis conducted by the staff of the legislative council for those districts affected by the reorganization. The Department shall also consult with representatives of the affected school districts and with other parties as necessary. Such cost–of-living factor shall be valid until the staff of the legislative council certifies a cost-of-living factor for such district pursuant to Section 22-54-104(5), C.R.S. 7.03 In the event of a consolidation of existing districts and a cost-of-living factor assigned by the Department which is less than the cost-of-living factor previously applicable to the district prior to consolidation, the Department’s assignment shall be attributable to matters other than the mere consolidation of the districts. 7.04 The Department shall assign such cost-of-living factor at least 30 days prior to the start of the newly organized district’s budget year and shall certify such factor to the district in writing.

8. Department Audits of Districts 8.01 The Department shall perform audits of pupil enrollment count data to ensure the accuracy of the information used to determine funding. 8.02 Each district shall retain complete documentation supporting any certification made to the Department or any other data given to the Department for purposes of administering the Public School Finance Act of 1994 until audited by the Department or until five years from the certification due date whichever comes first. The Department encourages a district to retain all required documentation in a central location. 8.03 In addition to satisfying section 8.02 of these rules for its own pupils (if any), a BOCES providing services on behalf of a district, charter school, or BOCES shall ensure that its documentation is sufficient to allow such district, charter school, or BOCES to meet the requirement in section 8.02. 8.04 If the Department determines that a district has received payment of funds greater than the amount to which the district or approved facility school is entitled, the district shall be responsible for repayment to the Department. 8.04(1) Audit repayments shall be assessed interest as provided in Section 22-2-113(1)(g), C.R.S. 8.04(2) A district that refuses to pay a determined repayment amount may have its current and future payments or reimbursements withheld until the full amount of the repayment, plus applicable interest, is recovered. 8.05 If the Department determines that a district has not received full payment of funds to which it is entitled, the Department shall be responsible for payment to the district or eligible facility within 45 days following the date the final audit report is issued. 8.06 A district or an eligible facility may appeal any audit finding in writing to the Commissioner within 30 calendar days following the date the final audit report is issued. The Commissioner shall rule within 30 calendar days of receipt of a written appeal. The ruling shall be in writing and shall either uphold, modify, or overturn the appealed audit finding(s). The Commissioner’s ruling shall be final, and no additional administrative appeals shall be provided.

9. State Average Per Pupil Revenues 9.01 The Department shall certify the state average per pupil revenues pursuant to Section 22-54-103, C.R.S., by June 15 next preceding the fiscal year. The certified figure may be subject to minor correction and audit changes; agreements between districts and other entities to pay the state average need not be adjusted to the revised figure.

10. Buyout of Categorical Programs 10.01 The Department shall certify to those districts required to levy additional mills pursuant to Section 22-54-107, C.R.S., the amount of categorical program funding which is subject to buyout requirements. 10.02 The Department shall use the best available data, including estimated amounts if actual figures are unknown.

11. Timely Payment of School District Obligations 11.01 If a district has bonds or other obligations described in Section 22-41-110, C.R.S., and does not have adequate funds to pay principal and interest payments due, such district shall notify the Department in writing of its inability to pay no later than 20 calendar days prior to the payment due date.

12. Authorization of Additional Local Revenues 12.01 If a district holds an election pursuant to Article X, Section 20 of the State Constitution, Section 22-40-102, C.R.S., Section 22-42-102, C.R.S., or Sections 22-54-107.5 through -108.7, C.R.S., the president of the local board of education of the district or a designee shall provide to the Department no later than ten business days after the election: (1) a copy of the official ballot question language as certified to the county clerk for a coordinated election or a copy of the official ballot marked with the word “sample;” and (2) the number of votes cast for the question and the number of votes cast against the question. 12.02 When a local board of education decides not to raise any or all of the amount approved at an election pursuant to Section 22-54-108, C.R.S., the amount approved shall not be reduced and shall be available for the local board to include in determining the general fund levy in any future fiscal years.

13. Pupils In State Programs 13.01 “State program” has the same definition as the term is defined in Section 22-54-129(1)(f), C.R.S. 13.02 For purposes of this section, “pupil” means a child or youth who has attained three years of age on or before August 1 and who is under twenty-one years of age, as defined in Section 22-2- 402(7), C.R.S. When a pupil reaches age 21, a state program may include such pupil in its monthly report of pupils served and in its calculation of full-time equivalent membership only through the end of the semester in which the pupil reaches age 21. 13.03 State programs shall provide to the Department a pupil enrollment count pursuant to these rules on or before October 5 of each budget year. The mental health institute at Pueblo or Fort Logan shall count only pupils for whom the institute has responsibility because of a court order or other action by a public entity in Colorado (as defined in Section 22-2-402(4.5), C.R.S.). 13.04 On or before the fifteenth day of each month, a state program shall report to the Department the actual number of pupils who received educational services during the prior calendar month and the corresponding number of full-time equivalent pupils to which the state program provided such services. 13.04(1) The mental health institute at Pueblo or Fort Logan shall count only pupils for whom the institute has responsibility because of a court order or other action by a public entity in Colorado, as defined in Section 22-2-402(4.5), C.R.S. 13.04(2) Full-time equivalent membership is determined as follows: Total instructional days in membership divided by total instructional calendar days in reporting period equals full-time equivalent membership. 13.04(3) The first day of attendance following a pupil’s enrollment in the educational program establishes the first day of the pupil’s full-time equivalent membership in an educational program. 13.04(4) Membership in an educational program continues until the pupil withdraws and the pupil’s name no longer appears on the roster of the state program, or until terminated automatically after five consecutive unexcused absences. 13.04(5) A state program may include in its full-time equivalent membership: (1) up to ten days of excused absences for a pupil; and (2) up to five days of unexcused absence. 13.04(6) A state program shall retain documentation of pupil names (first, middle, last); date of birth; parent/guardian resident address; district of residence; state assigned student identification number (SASID); dates of admission and discharge; schedules; and records of attendance, until audited by the Department or until five years from the date the state department submits its monthly reports to the Department, whichever is earlier. 13.05 For each full-time equivalent membership reported, a state program shall receive a monthly payment reflecting a daily rate of statewide base per pupil funding, divided by 176, times 1.4. A state program may claim no more than 235 days of funding per calendar year (amounting to no more than 1.73 times statewide base per pupil funding) for any one pupil. Funding may be prorated under Section 22-22-54-129(4)(c), C.R.S., based on available appropriations.

14. Pupils In Approved Facility Schools 14.01 “Approved facility school” has the same meaning as the term is defined in section 22-54- 129(1)(a), C.R.S. 14.02 For purposes of this section, “pupil” means a child or youth who has attained three years of age on or before August 1 and who is under twenty-one years of age, as defined in Section 22-2- 402(7), C.R.S. When a pupil reaches age 21, an approved facility school may include such pupil in its monthly report of pupils served and in its calculation of full-time equivalent membership only through the end of the semester in which the pupil reaches age 21. 14.03 “Baseline funding” means a funding amount based on student enrollment projections that is intended to provide sufficient funding for minimum education program services for an approved facility school. 14.04 “Public entity” means a public entity responsible for referring students to or placing students in out-of-home, day treatment, residential treatment, hospital, and specialized day school placements with providers. 14.05 The Department shall utilize monthly enrollment counts and point-in-time enrollment counts to determine the student count number used to calculate the baseline funding amount annually for each approved facility school. 14.06 On or before the fifteenth day of each month, an approved facility school shall report to the Department the actual number of pupils enrolled to receive educational services during the prior calendar month and the corresponding number of full-time equivalent pupils to which the approved facility school provided such services. 14.06(1) Approved facility schools shall only use student enrollment numbers for those students who are residents of Colorado and are: 14.06(1)(a) placed by a court order, 14.06(1)(b) referred or placed by a public entity, including but not limited to school districts, departments of human services, Department of Youth Services (DYS); 14.06(1)(c) patients of a hospital; or 14.06(1)(d) a homeless child as defined in Section 22-1-102.5, C.R.S. 14.06(2) Full-time equivalent membership is determined as follows: Total instructional days in membership divided by total instructional calendar days in reporting period equals full-time equivalent membership. 14.06(3) The first day of attendance following a pupil’s enrollment in the educational program establishes the first day of the pupil’s full-time equivalent membership in an educational program. 14.06(4) Membership in an educational program continues until the pupil withdraws and the pupil’s name no longer appears on the roster of the approved facility school, or until terminated automatically after five consecutive unexcused absences. 14.06(5) An approved facility school may include in its full-time equivalent membership:

(1) up to ten days of excused absences for a pupil; and (2) up to five days of unexcused absence. 14.06(6) An approved facility school shall retain documentation of pupil names (first, middle, last); date of birth; parent/guardian resident address; district of residence; state assigned student identification number (SASID); whether the pupil was placed in the facility as defined in Section 22-2-402(4) and (4.5), C.R.S.; dates of admission and discharge; schedules; and records of attendance, until audited by the Department or until five years from the date it submits its monthly reports to the Department, whichever is earlier. 14.07 Approved facility schools shall receive payments monthly, including applicable prorations, pursuant to section 22-54-129(2.5), C.R.S. An approved facility school shall receive one twelfth of the total baseline funding amount on the 15th of each month. The baseline funding amount shall include the offset amount for the special education rate and hospital offset amount. The baseline funding formula shall be adjusted annually based on inflation, determined by the department. The department shall publicly post and distribute a schedule of student enrollment thresholds and associated decreases, as required by Section 22-54-129(2.5)(e)(I)(C), C.R.S., by July 1st each year. Funding may be prorated under Section 22-22-54-129(2.5)(f), C.R.S., based on available appropriations.

15. Census Block Data Collection 15.01 The Department of Education shall suspend the collection of data pursuant to section 22-54- 104.6(1.5), C.R.S., if the Department determines that the data indicates that the student population identified through the census block data collection is substantially similar to the at-risk student population identified through Rule 6.01 and 6.02. 15.01(1) The Department shall consider census block data collection rates and administrative burden when making the determination whether to suspend the data collection. 15.02 The Department of Education shall re-start the census block data collection after suspension of this data collection if the Department determines the at-risk student population identified through

Rule 6.01 and 6.02 no longer provides a reasonable measure for identifying students who are atrisk of below-average academic performance because of socioeconomic disadvantages or poverty. _________________________________________________________________________ Editor’s Notes

History

Section 2254-R-5.00 eff. 05/10/2007.

Entire rule eff. 09/30/2007.

Sections 2254-R-1.00, 14.00 – 20.00 emer. rule eff. 09/11/2008.

Sections 2254-R-1.00; 14.00 – 20.00 eff. 11/30/2008.

Sections SB&P, 2254-R-14.00 through 19.00 emer. rule eff. 06/10/2009; expired 09/10/2009. Section 2254-R-20.00 emer. rule repealed eff. 06/10/2009; expired 09/10/2009.

Sections SB&P, 2254-R-2.00, 2254-R-14.00 through 19.00 eff. 09/30/2009. Section 2254-R-20.00 repealed eff. 09/30/2009.

Entire rule emer. rule eff. 07/30/2012; expired 10/10/2012.

Entire rule eff. 12/30/2012.

Entire rule eff. 10/30/2020.

Entire rule eff. 05/15/2024.

Entire rule eff. 10/30/2025.

Annotations

Rule 2254-R-5.19(3) (adopted 08/08/2007) was not extended by Senate Bill 08-075 and therefore expired 05/15/2008.

Rules 2254-R-14.01(1), 14.03, 14.04, 14.06, 14.07(3), 14.07(5), 14.08, 16.01(1), 16.01(1.01), 16.01(1.02), 16.02, 16.02(1), 17.02, 19.01(2), 20.00 (adopted 10/01/2008) were not extended by House Bill 09-1292 and therefore expired 05/15/2009.

Rules 3.04, 5.04, 5.12(6) (adopted 03/14/2024) were not extended by Senate Bill 25-125 and therefore expired 05/15/2025.

1 CCR 301-40 Rules for the Administration of Pilot Schools for Expelled Students {#sec-1-ccr-301-40 omnilex-key=us-co-regs-official--department-4--1 CCR 301-40}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF PILOT SCHOOLS FOR EXPELLED STUDENTS 1 CCR 301-40 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 2238-R-1.00 Statement of Basis and Purpose for Adoption of Rules.

The statutory basis for these Rules is found in 22-2-107(1)(c), State Board-Powers, 22-38-101, et. seq., C.R.S., the Pilot Schools for Students Expelled from Sixth through Ninth Grades, and 22-2-109(1), State Board-Additional Duties. The Act requires the State Board to promulgate Regulations that establish the criteria for applications submitted under this Act. The Act requires that specific criteria be included in these applications. The Rules identify these required components. 2238-R-2.00 Applications All applications under this Article shall be submitted to the State Board and shall include: 2.01 A description of the applicant, its experience in providing educational, counseling, social, and other necessary services to expelled and other students, and, in the case of nonprofit organizations, its balance sheets and operating statements for the previous five years; 2.02 Information regarding the educational background, experience, and qualifications of personnel who will serve on the Board of Directors and operate the school; 2.03 The mission statement of the proposed pilot school; 2.04 The goals, objectives, and performance standards to be achieved by the pilot school; 2.05 A description of the standards upon which the pilot school will select and admit expelled and at-risk students and determine when an expelled student will be admitted as a residential student; 2.06 A description of the pilot school's educational program, student performance standards, curriculum, and student conduct code; 2.07 A description of the pilot school's plan for evaluating student performance, the types of assessments that will be used to measure student progress toward achievement of the school's student performance standards, the timeline for achievement of such standards, and the procedures for taking corrective action in the event that student performance at the pilot school falls below such standards; 2.08 Evidence that the proposed pilot school is economically sound, a proposed budget for the term of the contract, and a description of the manner in which an annual audit of the financial and administrative operations of the pilot school is to be conducted; 2.09 A description of the governance and operation of the pilot school, including the nature and extent of parental, professional educator, social services, and community involvement; 2.10 An explanation of the relationship that will exist between the proposed pilot school and its employees; 2.11 A description of the insurance that the pilot school will obtain; 2.12 A description of how the pilot school plans to meet the residential needs of its students and, if the pilot school plans to provide transportation for students, a plan for addressing their transportation needs; 2.13 A description of how the school will assist students in adapting to a public school or other appropriate learning or work environment upon the student's departure from the pilot school; 2.14 A description of how the residential pilot schools will transition the student back into the home environment if the student will be returning home; 2.15 A description of how the pilot school will involve parents in order to enhance students' performance in the pilot school, including the use of any mutual responsibility contracts authorized pursuant to

Section 22-38-104(6); 2.16 A description of the pilot school's plan to sponsor periodic meetings, conferences, or training seminars to provide information concerning expelled or at-risk students to personnel in the school district or school districts that represent the geographic area in which the pilot school is located; 2.17 Identification of the entity that will evaluate the pilot school as required pursuant to Section 22-38- 114; 2.18 A description of how the pilot school plans to foster an awareness of cultural needs; and 2.19 Any other information deemed necessary by the State Board. _______________________________________________________________________________ Editor’s Notes

History

1 CCR 301-41 PROPOSED RULES FOR THE ADMINISTRATION OF THE CHARTER SCHOOL DISTRICT PILOT PROGRAM [Repealed eff. 04/30/2013] {#sec-1-ccr-301-41 omnilex-key=us-co-regs-official--department-4--1 CCR 301-41}

DEPARTMENT OF EDUCATION

Colorado State Board of Education PROPOSED RULES (FOR THE) ADMINISTRATION OF THE CHARTER SCHOOL DISTRICT PILOT PROGRAM 1 CCR 301-41 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ The statute authorizing the Charter School District Pilot Program, established in sections 22-30.5-201 through 209, C.R.S., was repealed in 2003, and these rules are therefore no longer applicable. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 04/30/2013.

1 CCR 301-42 RULES FOR THE ADMINISTRATION OF COLORADO BASIC LITERACY ACT [Repealed eff. 01/14/2025] {#sec-1-ccr-301-42 omnilex-key=us-co-regs-official--department-4--1 CCR 301-42}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF COLORADO BASIC LITERACY ACT - Repealed eff. 01/01/2025 1 CCR 301-42 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repeal of Rules Due to Repeal of Underlying Statute _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 01/14/2025.

1 CCR 301-43 Rules for the Administration of Educational Alternatives for Expelled Students {#sec-1-ccr-301-43 omnilex-key=us-co-regs-official--department-4--1 CCR 301-43}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE EXPELLED AND AT-RISK STUDENT SERVICES

GRANT PROGRAM

1 CCR 301-43 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose for Adoption of Rules. 1.1 The statutory basis for these Rules is § 22-33-205(2), C.R.S., Services for Expelled Students - Grants - Criteria. Statute requires the State Board of Education (state board) to promulgate rules to implement the grant program, including the application timeline, application requirements, and criteria for determining awards. 2.0 Eligibility 2.1 Eligible applicants for the Expelled and At-Risk Student Services Grant Program (grant) include school districts, charter schools, alternative education campuses (AECs) within school districts, nonpublic schools, boards of cooperative services (BOCES), and facility schools. 2.01(a) Nonpublic schools may apply for a grant only to fund educational services that have been approved by the state board pursuant to section 22-2-107(1)(s), C.R.S. 3.0 Application Timeline and Procedures 3.1 The Department of Education (department) shall annually post the application for funding under the grant on its website. 3.2 To be eligible for funding, applicants shall submit an application for the grant by a deadline specified by the department. 3.3 The department will annually make recommendations for funding to the state board, and the state board shall award funds. 4.0 Application Requirements Applications for funding under the grant program must include the following items. 4.1 The number of students at the applicant school or district during the school year preceding the school year who: 4.01(a) were expelled, as defined in section 22-33-203(2), C.R.S., from applicant district or school during the school year preceding the school year for which the grant is requested; 4.01(b) were identified as at risk of dropping out of school due to chronic absenteeism or disciplinary action as identified in section 22-33-202(1), C.R.S.; and/or 4.01(c) were identified as truant pursuant to sections 22-33-107(3) and 22-33-108(5), C.R.S. 4.2 The applicant’s plan to provide educational services, attendance supports, and behavior interventions. The plan must address: 4.02(a) disproportionate discipline practices, chronic absenteeism, and alternatives to suspension and expulsion; and 4.02(b) effective attendance and discipline systems, which may include multi-tiered systems of support, positive behavior intervention models, or restorative justice practices as described in section 22-32-144, C.R.S.; 4.3 A description of the supports and services to be provided, including the number of students served and how the effectiveness of the supports and services will be determined and measured; 4.4 The training and technical assistance provided to ensure the effective implementation of supports, services, and programming, which may include equity, diversity, and inclusion training; 4.5 The cost of the services to be provided under the plan and the overall funding requested; 5.0 Grant Criteria The department and the state board shall use the following criteria in making recommendations for and awarding funding under the grant program. 5.1 The quality of student supports and services provided under the applicant’s plan and the likelihood that the plan will achieve its intended results, including: 5.01(a) increasing academic success; 5.01(b) reducing chronic absenteeism; 5.01(c) decreasing conduct and discipline code violations; 5.01(d) increasing age-appropriate and developmentally appropriate discipline methods; and 5.01(e) increasing student and family engagement; 5.2 The number of expelled, at-risk, or chronically absent students who are receiving attendance and behavior interventions and educational services through the applicant under agreements entered into pursuant to the provisions of section 22-33-204, C.R.S., during the school year preceding the year for which the grant is requested; 5.3 The cost-effectiveness of the plan, including the amount of funding requested by the applicant in relation to the cost of the supports and services to be provided under the applicant’s plan; 5.4 The cost-effectiveness and quality of the services that the applicant will provide under the plan to employees who support students at risk of dropping out of school due to chronic absenteeism or disciplinary action, pursuant to section 22-33-204(1.5), C.R.S.; 5.5 If the applicant is seeking to renew a grant or has been awarded a grant pursuant to this section in the previous five years, the demonstrated effectiveness of services funded by the previous grant; and 5.6 The need for services in rural, suburban, and urban communities. 6.0 Reporting 6.1 Grantees shall submit information related to the effectiveness of the grant program to the department on an annual basis, including: 6.01(a) academic measures, such as reduction in course failure, increase in grade point average, and accrual for credits at the high school level; 6.01(b) attendance measures, such as increased attendance rates and reductions in chronic absenteeism; 6.01(c) behavior and discipline measures, such as a decline in classroom removal, suspensions, and expulsion; a decrease in exclusionary discipline actions; and a reduction in referrals to law enforcement, arrests, and ticketing; 6.01(d) student engagement measures, such as student and parent engagement with the services provided in the plan, participation in programs and activities, and the number of students and families served by grant-funded services; 6.01(e) efficacy of services and supports that address disproportionate discipline rates and the creation of age-appropriate and developmentally appropriate discipline systems; 6.01(f) effectiveness of training and technical assistance provided by the grant funds; and 6.01(g) any other information specified by the department in order for the department to meet the reporting obligations under Section 22-33-205(4), C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/14/2022.

1 CCR 301-44 RULES FOR THE ADMINISTRATION OF THE NATIONAL ACADEMIC CONTESTS FUND [Repealed eff. 01/14/2025] {#sec-1-ccr-301-44 omnilex-key=us-co-regs-official--department-4--1 CCR 301-44}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES (FOR THE) ADMINISTRATION OF THE NATIONAL ACADEMIC CONTESTS FUND - Repealed eff. 01/14/2025 1 CCR 301-44 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repeal of Rules Due to Repeal of Underlying Statute _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 01/14/2025.

1 CCR 301-45 Rules for the Administration of the Protection of Students from Restraint and Seclusion Act {#sec-1-ccr-301-45 omnilex-key=us-co-regs-official--department-4--1 CCR 301-45}

Department of Education RULES FOR THE ADMINISTRATION OF THE PROTECTION OF STUDENTS FROM RESTRAINT AND SECLUSION ACT 1 CCR 301-45 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

1.00 STATEMENT OF BASIS AND PURPOSE 1.00(1) These Rules were developed in accordance with C.R.S. 26-20-101, et seq. Specific statutory authority for the development of these Rules comes from C.R.S. 26-20-108. These Rules are provided pursuant to the terms of the “Protection of Individuals from Restraint and Seclusion Act”. These Rules outline the procedures to be followed in the administration of restraint and seclusion, staff training, documentation requirements, and the review of the use of restraint and seclusion. 1.00(2) The statutory authority for the 2009 amendments to these Rules is found in 26-20-108, C.R.S. The purpose of these amendments is to better align these Rules to the Protection of Persons from Restraint Act; add clarifying language; and reorganize these Rules to provide enhanced clarification for implementation. 1.00(3) The purpose of the 2017 amendments is to conform to the changes made in HB 17-1276 to update definitions, generally prohibit the use of prone holds and restraints, and outline the process for complaints concerning the use of restraint or seclusion. 1.00(4) The purpose of the 2023 amendments is to conform to changes made by HB 22-1376 regarding increased restrictions on the use of restraints and seclusion on students and new reporting requirements. 1.00(5) The purpose of the 2025 amendments is to conform to changes made by HB 25-1248, which removed public schools from the “Protection of Individuals from Restraint and Seclusion Act” and created the “Protection of Students from Restraint and Seclusion Act” that is specific to local education providers.

2.0 DEFINITIONS 2.00(1) “Deadly Weapon” is defined in Section 18-1-901(3)(e)(e) and means a firearm, whether loaded or unloaded; a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury. 2.00(2) “Emergency” means a serious, probable, imminent threat of bodily harm to self or others when there is the present ability to effect such bodily harm. 2.00(3) “IEP Team” has the same meaning as described in Section 22-20-108, C.R.S. 2.00(4) “Individualized Education Program” or “IEP” has the same meaning as set forth in Section 22-20-103, C.R.S. 2.00(5) “Local Education Provider” means a school district, a charter school authorized by a school district pursuant to Article 30 of Title 22, C.R.S., a charter school authorized by the state Charter School Institute pursuant to Article 30.5 of Title 22, C.R.S., or a Board of Cooperative Services (BOCES) created and operating pursuant to Article 5 of Title 22, C.R.S. that operates one or more public schools. 2.00(6) “Parent” means 2.00(6)(a) A biological or adoptive parent of a child; 2.00(6)(b) A foster parent, unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent; 2.00(6)(c) A guardian generally authorized to act as the child’s parent or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); 2.00(6)(d) An individual acting in the place of a biological or adoptive parent (including a grandparent, step-parent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; 2.00(6)(e) An educational surrogate parent who has been assigned in accordance with 1 C.C.R. 301-8 6.02(8); 2.00(6)(f) Except as provided in section (6)(b) of this Rule 2.00(6), the biological or adoptive parent, when attempting to act as the parent under these Rules and when more than one party is qualified under Section (6) of this Rule 2.00 to act as a parent, must be presumed to be the parent for the purposes of this Section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. 2.00(6)(g) If a judicial decree or order identifies a specific person or persons under Sections 6(a) through (d) of this rule to act as the “parent” of a child or to make educational decisions on behalf of a child, then such persons(s) shall be determined to be the “parent” for the purposes of this

Section 2.00(6). 2.00(7) “Restraint” means a method or device that is used to limit a student’s voluntary freedom of movement. “Restraint” includes seclusion, chemical restraint, mechanical restraint, and physical restraint. 2.00(7)(a) “Chemical Restraint” means the involuntary administration of medication to a student for the purpose of restraining the student.

“Chemical Restraint” does not include: 2.00(7)(a)(i) Administering prescription medication that is regularly administered to the student for medical treatment other than to restrain the student’s freedom of movement (e.g., asthma corticosteroid, mood disorder medication, insulin, or glucagon); or 2.00(7)(a)(ii) Administering medication for voluntary or life-saving medical procedures, including epinephrine or diazepam. 2.00(7)(b) “Mechanical Restraint” means a physical device used to restrict a student’s voluntary freedom of movement or the movement or normal function of a portion of their body. “Mechanical Restraint” does not include: 2.00(7)(b)(i) A device that is recommended for the student by a physician, occupational therapist, or physical therapist; is agreed to for use by the student’s parent (if the student does not have an IEP or 504 Team), by the student’s IEP Team, or by the student’s

Section 504 Team; and is used in accordance with the student’s Individualized Education Program (IEP) or Section 504 Plan; 2.00(7)(b)(ii) A protective device that is used to prevent a student from self-harm, is agreed to for use by the student’s parent (if the student does not have an IEP or 504 Team), by the student’s IEP Team, or by the student’s Section 504 Team, and is used in accordance with the student’s IEP or Section 504 Plan. The protective device may include a helmet or mitts; 2.00(7)(b)(iii) An adaptive device that is used to facilitate instruction or therapy for the student that is recommended for the student by a physician, occupational therapist, or physical therapist; is agreed to for use by the student, by the student’s IEP Team or Section 504 Team; and is used in accordance with the student’s IEP or Section 504 Plan; or 2.00(7)(b)(iv) A positioning or securing device that is used to facilitate the student’s medical treatment that is recommended for the student by a physician, occupational therapist, or physical therapist; is agreed to for use by the student, by the student’s IEP Team or Section 504 Team, and is used in accordance with the student’s IEP or Section 504 Plan. 2.00(7)(c) For purposes of these rules, a “Physical Restraint” means the use of bodily, physical force to limit a student’s voluntary freedom of movement for more than one minute. “Physical Restraint” does not include: 2.00(7)(c)(i) A physical intervention administered on a student that lasts one minute or less for the protection of a student, others, or property; 2.00(7)(c)(ii) The holding of a student by an adult for the purpose of calming or comforting the student; 2.00(7)(c)(iii) Minimal physical contact for the purpose of safely escorting a student from one place to another; or 2.00(7)(c)(iv) Minimal physical contact for the purpose of assisting a student with a task or response. 2.00(7)(d) “Prone Restraint” means a restraint in which the student who is being restrained is secured in a face-down position. 2.00(8) “Seclusion” is a form of restraint and means:

• the placement of a student • alone in a room or area • from which egress is prevented. 2.00(8)(a) “Seclusion” does not mean: 2.00(8)(a)(i) Placement of a student in residential services in the student’s room for the night; or 2.00(8)(a)(ii) A “Time-out,” which is the removal of a student from a potentially rewarding situation or from a situation that would otherwise produce negative reinforcement. A Time-out does not prevent a student’s egress. 2.00(9) “Section 504 Plan” has the same meaning as set forth in Section 22-20- 123(2), C.R.S. 2.00(10) “Section 504 Team” has the same meaning as set forth in Section 22-20- 123(2), C.R.S. 2.00(11) “Armed” is defined as lawfully carrying a firearm as part of the officer’s job duties.

3.0 RESTRAINT PROHIBITED - EXCEPTIONS 3.00(1) Except as provided in these rules, the use of a restraint on a student of a local education provider is prohibited when the student is on the property of the local education provider or is participating in an off-campus activity or event sponsored by the local education provider. 3.00(2) The prohibition on the use of restraint in Rule 3.00(1) does not apply to: 3.00(2)(a) The use of mechanical, physical, or prone restraints on a student enrolled in a local education provider who openly displays a deadly weapon. 3.00(2)(b) The use of mechanical or prone restraints by an armed security officer or a certified peace officer working in a local education provider’s facilities when the conditions of rule 3.00(2)(d) are met and the officer: 3.00(2)(b)(i) Has received documented training in defensive tactics utilizing handcuffing procedures; 3.00(2)(b)(ii) Has received documented training in restraint tactics utilizing prone restraint; and 3.00(2)(b)(iii) Has made a referral to a law enforcement agency and is making an arrest or is referring to law enforcement to make an arrest. 3.00(2)(c) The use of mechanical, physical, or prone restraints by a school resource officer or a law enforcement officer acting in the officer’s official capacity on the local education provider’s property, in a local education provider’s vehicle, or at an activity or event sponsored by the local education provider if there is a danger to the student or others or during a custodial arrest that requires transport. 3.00(2)(d) The use of physical restraint or seclusion in an emergency: 3.00(2)(d)(i) after the failure of less restrictive alternatives, or 3.00(2)(d)(ii) after the determination that less restrictive alternatives would be inappropriate or ineffective during the emergency. 3.00(3) Nothing in these rules prohibits transportation provided by the local education provider from having seat belts, harnesses, car seats, or other devices for passenger safety.

4.0 SECLUSION REQUIREMENTS 4.00(1) If a local education provider uses a room for seclusion as a type of restraint, there must be at least one window to monitor the student when the door is closed. 4.00(1)(a) If a window is not feasible, monitoring must be with a video camera. 4.00(2) A room used for seclusion must be in a safe space free of injurious items. 4.00(2)(a) The room must not be used by school staff for storage, custodial purposes, or office space. 4.00(3) A student placed in seclusion must be continually monitored and provided relief periods from seclusion for reasonable access to toilet facilities.

5.0 LIMITATIONS AND DUTIES ON THE USE OF RESTRAINTS 5.00(1) A local education provider that, or a local education provider’s employee or agent who, uses restraint shall use the restraint: 5.00(1)(a) Only for the purpose of preventing the continuation or renewal of the appropriate circumstances described in Rule 3.00(2); 5.00(1)(b) Only for the period of time necessary to accomplish its purpose; and 5.00(1)(c) In the case of physical restraint, only if no more force than is necessary to limit the individual’s freedom of movement is used. 5.00(2) If property damage may be involved, a local education provider may only use restraint when: 5.00(2)(a) The destruction of property would result in a serious, probable, imminent threat of bodily harm to self or others; and 5.00(2)(b) There is the present ability to effect such bodily harm. 5.00(3) A local education provider, or local education provider’s employee or agent, must not use restraint as a: 5.00(3)(a) Form of punishment or disciplinary sanction; 5.00(3)(b) Form of treatment as part of a treatment plan or as a way to modify behavior as part of a behavior modification plan; or 5.00(3)(c) Form of retaliation. 5.00(4) A local education provider that, or a local education provider’s employee or agent who, uses a physical restraint must ensure that: 5.00(4)(a) A physical restraint does not place excess pressure on the student’s chest or back or inhibit or impede the student’s ability to breathe; and 5.00(4)(b) During the physical restraint of a student, the student’s breathing is not compromised; and 5.00(4)(c) The student is released from the restraint within fifteen minutes after the initiation of the restraint, except when it would be unsafe to do so.

6.0 TRAINING 6.00(1) A local education provider that uses restraint must ensure that all employees and agents who are involved in using restraint in its facilities or programs are trained. Training must include: 6.00(1)(a) The appropriate use of restraint, which includes; 6.00(1)(a)(i) A continuum of prevention techniques; 6.00(1)(a)(ii) Environmental management; 6.00(1)(a)(iii) A continuum of de-escalation techniques; 6.00(1)(a)(iv) An understanding of the impact of adverse childhood events or trauma on students and their behavior and how to respond appropriately to avoid further harm or trauma to students through the use of restraint or seclusion; 6.00(1)(a)(v) Nationally recognized physical management and restraint practices, including, but not limited to, techniques that allow restraint in an upright or sitting position and information about the dangers created by prone restraint; 6.00(1)(b) Methods to explain the use of restraint to a student who is restrained and the student’s family; and 6.00(1)(c) Appropriate documentation and notification procedures, including monitoring and recording the time duration of a restraint or seclusion. 6.00(2) Retraining shall occur at a frequency of at least every two years. 6.00(3) The Department shall make training available to local education providers and their employees and agents on the requirements of the statute and on these rules. This training will include differences between state law and current federal guidance on restraint and seclusion.

7.0 DOCUMENTATION AND NOTIFICATION REQUIREMENTS 7.00(1) If there is a reasonable probability that a physical restraint or seclusion may be used with a specific student, the local education provider shall provide written notice to the parent of the student and, if appropriate, to the student, regarding physical restraint or seclusion procedures that may be used, the circumstances in which physical restraint or seclusion might be used, and the local education provider’s employees or agents who may be involved. The local education provider shall meet with a parent who received a written notice pursuant to this subsection 7.00(1) and requested a meeting to discuss the written notice. 7.00(2) Notification and Documentation Requirements: 7.00(2)(a) All restraints: A local education provider shall require its employee or agent who uses a restraint on a student to submit a written report of the incident to the local education provider no later than one school day after the incident occurred. 7.00(2)(b) Physical restraint, more than one minute but less than five minutes: If a physical restraint is used for more than one minute but less than five minutes, the local education provider must provide written notice on the day of the restraint to the parent or legal guardian of the student.

The written notice must include the date, the name of the student, and the number of restraints used that day that lasted between one and five minutes. 7.00(2)(c) Physical restraint, five minutes or more, and any seclusion: If a physical restraint is used for five minutes or more, or if the student is placed in seclusion for any length of time, the local education provider shall provide verbal or written notice on the day of the physical restraint or seclusion to the parent of the student and shall mail or email a written report of the incident to the parent of the student not more than five calendar days after the use of the restraint on the student. The written report of the use of restraint must be placed in the student’s confidential file and include: 7.00(2)(c)(i) The antecedent of the student’s behavior, if known; 7.00(2)(c)(ii) A description of the incident; 7.00(2)(c)(iii) Any efforts made to deescalate the situation; 7.00(2)(c)(iv) Any alternatives to the use of restraint or seclusion that were attempted; 7.00(2)(c)(v) The type and duration of the restraint or seclusion used; 7.00(2)(c)(vi) Any injuries that occurred; 7.00(2)(c)(vii) The names of the local education provider’s employees or agents who were present and employees and agents who were involved in administering the restraint or seclusion; 7.00(2)(c)(viii) The start and end time of the restraint or seclusion; 7.00(2)(c)(ix) Details concerning the notification provided to the parent or legal guardian; and 7.00(2)(c)(x) For seclusion, details concerning whether the door was opened or closed. 7.00(3) When administration staff completes the written report described in 7.00(2)(c), the administrative staff or their designees should also review to assure that appropriate procedures were followed and to minimize future use of restraint when possible. 7.00(3)(a) Such staff review should include, but is not limited to: 7.00(3)(a)(i) Ensuring there is follow up communication with the student and their parent; 7.00(3)(a)(ii) Considering whether there were alternative strategies that could have been used; and 7.00(3)(a)(iii) Recommending adjustment of procedures, if appropriate. 7.00(3)(b) If requested by the local education provider or the parent of the student, the local education provider shall convene a meeting to review the incident. For students with IEPs or Section 504 Plans, such a review may occur through the IEP or Section 504 process.

8.0 ANNUAL REVIEW OF THE USE OF RESTRAINT 8.00(1) Annual Restraint Review Process 8.00(1)(a) Each local education provider shall establish an annual review process and document the results of each review in writing. 8.00(1)(a)(i) For a charter school authorized by a school district, the data and the written review shall be integrated into the annual review of the authorizing school district. 8.00(1)(a)(ii) Each institute charter school shall conduct their own review. 8.00(1)(a)(iii) Each BOCES that operates one or more public schools shall conduct their own review. 8.00(1)(b) The purpose of each annual review process is to ensure that the local education provider is properly administering restraint, minimizing and preventing the use of restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students, employees, and agents. 8.00(1)(c) Each annual review process must include, but is not limited to: 8.00(1)(c)(i) An analysis of incident reports, including consideration of procedures used during the restraint, preventative or alternative techniques attempted, documentation, and follow up; 8.00(1)(c)(ii) Training needs of staff; 8.00(1)(c)(iii) Staff-to-student ratios; and 8.00(1)(c)(iv) Environmental considerations, including physical space, student seating arrangements, and noise levels.

9.0 ANNUAL REPORTING 9.00(1) No later than June 30, 2026, and no later than every June 30 thereafter, each school district, BOCES that operates one or more public schools, and institute charter school shall submit in a report to the Department of Education, the information from the annual review conducted pursuant to rule 8.00 and the following data on restraints used by employees or agents of the local education provider: 9.00(1)(a) The total number of physical restraints lasting more than one minute but less than five minutes; 9.00(1)(b) The total number of physical restraints lasting five minutes or more; 9.00(1)(c) The total number of students who experienced at least one physical restraint lasting more than one minute but less than five minutes; 9.00(1)(d) The total number of students who experienced at least one physical restraint lasting five minutes or more; and 9.00(1)(e) The total number of students who experienced at least one seclusion. 9.00(1)(f) The total number of seclusions; 9.00(1)(g) The total number of mechanical restraints; 9.00(1)(h) Within the total number of mechanical restraints, how many were restraints using handcuffs; and 9.00(1)(i) The total number of prone restraints. 9.00(2) School districts should track restraints in their district schools, charter schools authorized by the district, and any separate school operated by the school district for students with disabilities. 9.00(3) Each institute charter school shall track its own restraints. 9.00(4) Each BOCES that operates one or more public schools shall track all restraints used in the BOCES schools and those students shall be reported through the BOCES code rather than the school district code. 9.00(5) For purposes of this data collection, local education providers are not required to track restraints for students that are placed outside of the local education provider (e.g., at a facility). 9.00(6) Local education providers may have additional reporting requirements under law or contract, even if their restraints are not reported pursuant to these rules.

10.0 COMPLAINT PROCEDURES AND REGULATIONS 10.00(1) A student or a parent, or a third party on behalf of a student or the student’s parent, may file a complaint about the use of restraint used by a local education provider. 10.00(2) Required Content of Complaints: A Complaint must contain the following information: 10.00(2)(a) A statement that a local education provider employee or agent has violated a requirement regarding the use of restraint on the student and an identification of the portion of the law or rule alleged to have been violated, if known by the complainant; 10.00(2)(b) The facts on which the Complaint is based, including the names and positions or titles of persons involved, the date of the alleged violation, the location where the alleged violation took place, and a description of what happened; 10.00(2)(c) The name and the residential address of the child against whom the alleged violation occurred; 10.00(2)(d) The name of the school that the child was attending when the alleged violation occurred; 10.00(2)(e) A proposed resolution to the alleged violation, if the complainant has a suggestion; 10.00(2)(f) The Complaint must allege that the violation(s) set forth in the Complaint occurred not more than one (1) year prior to the date that the Complaint is filed with the CDE; 10.00(2)(g) The signature and contact information (minimally, address and telephone number) for the complainant; and 10.00(2)(h) Written verification in a cover letter accompanying the Complaint that a complete copy of the Complaint and any attachments have also been mailed, hand-delivered, or delivered by other secure method to the local education provider serving the child. 10.00(3) The Complaint, including any attachments, must be mailed, handdelivered, or delivered by other secure method to the IDEA State Complaints Officer:

State Complaints Officer Colorado Department of Education Office of Special Education, Dispute Resolution 201 East Colfax Avenue Denver, Colorado 80202 Additionally, as noted in paragraph 10.00(2)(h) above, a complete copy of the Complaint, including any attachments, must also be mailed, hand-delivered, or delivered by other secure method to the local education provider serving the child. 10.00(4) Complaints involving children with disabilities 10.00(4)(a) If the State Complaints Officer determines that the Complaint alleges a violation of the Individuals with Disabilities Education Act (IDEA) or its implementing regulations in 34 C.F.R. Part 300, then the Complaint shall be processed through CDE’s IDEA state complaint process. In these cases, the State Complaints Officer shall also have the authority to investigate and process a Complaint alleging improper use of seclusion and restraints in accordance with the timelines and procedures outlined in these rules. 10.00(4)(b) If the State Complaints Officer determines that the Complaint does not meet the criteria under section 10.00(4)(a), he or she shall refer the Complaint to the Restraint Complaints Officer (RCO) within five calendar days of receiving the Complaint and shall notify the complainant in writing of this referral. 10.00(4)(c) Nothing in this subsection shall require the complainant to submit an additional Complaint directly to the RCO. 10.00(5) The Complaint shall be considered properly filed with the Department when it is received in CDE’s Dispute Resolution Office and satisfies paragraph 10.00(2) above. A Complaint, once filed, will not be accepted for investigation if the CDE does not have jurisdiction (i.e., authority) to investigate; or if the Complaint does not set forth sufficient grounds on which to grant relief. 10.00(6) Within ten calendar (10) days of receipt of the Complaint, the RCO shall decide to accept or reject the Complaint for investigation and notify the complainant in writing. If the Complaint was sent via mail, the RCO’s decision shall be postmarked by the 10th day. If the Complaint is accepted, the RCO shall: 10.00(6)(a) Notify the complainant of receipt and acceptance of the Complaint; 10.00(6)(b) Notify, by certified or overnight mail, the local education provider of each and every allegation contained in the Complaint together with a complete copy of the Complaint; and 10.00(6)(c) Initiate an investigation concerning the allegations contained in the Complaint. 10.00(7) Complaint Timelines: 10.00(7)(a) Response: Within fifteen (15) calendar days of receiving the RCO’s notification of the Complaint, the local education provider may file a Response to the Complaint allegations and provide information which it deems necessary or useful for the RCO to consider in conducting a thorough investigation. If the local education provider fails to timely respond to an allegation, the RCO may, in the RCO’s sole discretion, deem the allegation admitted.

The Response is due by 5:00 p.m. on the date due. The local education provider shall provide any written Response to the RCO and also a complete copy of the Response, including any attachments, to the complainant unless doing so would violate relevant laws regarding confidentiality. The local education provider shall provide the RCO with a legible copy of the written tracking receipt which verifies that a complete copy of the Response, including any attachments, was sent by certified or overnight mail to the complainant. 10.00(7)(b) Reply: Within ten (10) calendar days of delivery of the response, the complainant may file a written Reply to the Response, including any attachments, in support of the complainant’s position. The complainant shall provide any written Reply to the RCO at the address identified in paragraph 10.00(3), above, and also provide the RCO by 5:00 p.m. on the date due with written verification that a complete copy of the Reply, including any attachments, was also mailed or hand-delivered to the local education provider.

The Response and Reply must be delivered by 5:00 p.m. on the date due to the office of the RCO and not merely postmarked by the due date. If the Response or Reply is untimely, the RCO may, within the RCO’s sole discretion, refuse to consider the late document. 10.00(7)(c) Timeline Extensions: If the RCO finds that exceptional circumstances exist with respect to a particular Complaint, the RCO may, in the RCO’s sole discretion, extend for a reasonable period of time, any of the timelines set forth in these Complaint procedures. Any request and extension of a timeline must occur prior to expiration of the timeline and shall be documented in a written order issued by the RCO prior to the expiration of the timeline and mailed to the parties. The RCO does not have authority to extend the regulatory statute of limitations of one (1) year described in Section 10.00(2)(f) above. 10.00(7)(d) If one or more due dates in the process fall on a weekend or a state holiday, the due date shall be the next calendar day following a weekend or state holiday if the due date is on a weekend or state holiday. 10.00(8) Complaint Investigations: 10.00(8)(a) The Complaint investigation may include but is not limited to: an onsite investigation; request(s) that the complainant or local education provider provide additional information; and request(s) to review records in the possession of either party. 10.00(8)(b) Any time after a Complaint is filed and before the Complaint is resolved, the RCO may recommend a local education provider to undertake immediate action in an extraordinary situation when it is imperative to do so in order to protect the rights, health or safety of any student. 10.00(8)(c) The CDE, through the RCO, shall have sixty (60) calendar days from the date of receipt of the properly filed Complaint, to resolve the Complaint. The parties may mutually agree to extend the sixty (60) calendar day time limit in order to engage in voluntary mediation. Any extension of the Decision due date will be set by the RCO to a date certain as per section 10.00(7)(c), above. 10.00(9) Complaint Resolution: 10.00(9)(a) The RCO shall issue a written decision which details the findings of fact and conclusions of law unless the issues have been previously resolved. Based upon a finding that a local education provider has failed substantially to comply with state laws and regulations for the use of restraint or seclusion, the RCO will, as part of the resolution of the Complaint, make recommendations to the local education provider of remedial actions that may be taken in order to come into compliance with applicable law and regulations, (e.g., technical assistance and training activities). 10.00(9)(b) The department of education has enforcement authority over the restraint and seclusion investigation decisions and may require corrective action by the local education agency. 10.00(9)(c) The decision of the RCO shall be final.

Editor’s Notes

History Entire rule eff. 12/31/2009.

Entire rule eff. 11/30/2017.

Entire rule eff. 06/30/2023.

Entire rule eff. 06/01/2026.

1 CCR 301-46 Rules for the Administration of the College Entrance Exam {#sec-1-ccr-301-46 omnilex-key=us-co-regs-official--department-4--1 CCR 301-46}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE COLLEGE ENTRANCE EXAM 1 CCR 301-46 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 STATEMENT OF BASIS AND PURPOSE.

These rules were amended and combined with 1 CCR 301-54 Rules for the Administration of the ACT Assessment on a National Test Date to reflect the amendments of HB 15-1323. The statutory basis for these rules is found in §22-2-106(1)(a) and (c), C.R.S., State Board Duties; §22-2-107(1)(c), State Board Powers; and §22-7-1006.3 State assessments – administration – rules. 1.01 STATEMENT OF BASIS AND PURPOSE. The statutory basis for amendments to these rules adopted in 2016 is §22-7-1006.3, C.R.S. following the passage of H.B. 15-1323. H.B. 15-1323 made numerous amendments to the administration of state assessments, including the college entrance exam. Specifically, §22-7-1006.3(2)(c)(II), C.R.S. allows any student who shows a need to take the college entrance exam on a date on which the exam is administered throughout the country may take the exam on such a date, prior to the date established by the department pursuant to §22-7-1006.3(2)(c)(I), C.R.S. The Department shall pay all costs associated with a student taking the college entrance exam pursuant to §22-7-1006.3(2)(c)(II), C.R.S. In addition, the State Board is required to adopt rules pursuant to §22-7-1006.3(2)(d) to ensure that any requirements of the administrator of the college entrance exam, such as a secure environment, are met and to identify the level of need that a student must demonstrate to take the college entrance exam on a date on which the exam is administered throughout the country. 2.00 Definitions. 2.01 “Students” means public school 11 th grade students eligible to take the college entrance exam. 2.02 “College entrance exam” means the assessment identified in Section 22-7-1006.3(2)(b), C.R.S. 2.03 “Department” means the Colorado Department of Education. 2.04 “Department-designated dates” means days scheduled by the Colorado Department of Education for the administration of the college entrance exam across Colorado. 2.05 “Legitimate instructional or curricular activities” means any activity of an educational nature with curricular or instructional value. This would include the need to take the college entrance exam on a national test day in order to comply with certain scholarship programs. 3.00 Students Eligible to Take the College Entrance Exam on a National Test Date. 3.01 Students eligible to take the college entrance exam on a nationally established test date shall take the exam according to all rules and policies established annually by the vendor of the college entrance exam.

Agency Name 3.02 Eligible students are students unable to take the college entrance exam on either of the Department-designated school dates due to conflicts with legitimate instructional, curricular, or other activities, as determined by the Department; or 3.03 Students who are unable to take the college entrance exam on either of the Departmentdesignated school dates due to religious holidays; or 3.04 Students attending online schools full-time which are unable to establish secure testing sites. 3.05 On or before December 31st of each calendar year, the Department shall schedule a date by which each school must submit a number of students meeting the requirements to receive a voucher to take the college entrance exam on a national test date. At a local level, schools will maintain a roster of students who have met the requirements to take the college entrance exam on a national test date. This roster will include student name, student state identifier, district name, district state identifier, school name, school state identifier, birthdate and the justification for the need to take the college entrance exam on a national test date in place of the Departmentdesignated dates. Rosters will be provided to the Department upon its request. Vendor-provided vouchers for payment for the college entrance exam will be issued for Department-approved students. Vouchers will be good for at least one national test date occurring prior to the Department-designated dates. 4.00 College Entrance Exam Administrator Requirements. 4.01 Administrative Requirements Test administrators, test supervisors, and test proctors must: 4.01(1) Administer the college entrance exam using the correct testing materials; 4.01(2) Not allow students to select their own seats; 4.01(3) Follow scripts exactly. Prompting of correct responses to students is prohibited; 4.01(4) Remain alert and vigilant at all times during testing; 4.01(5) Not engage in activities that are not related to testing, such as eating or drinking, talking on phones (prohibited for all staff as well as students), using a computer, or grading papers; 4.01(6) Ensure that at least one staff member trained in the vendor administration and security procedures is in the testing room at all times; 4.01(7) Not copy or otherwise reproduce (e.g. take a picture of, copy by hand, type, text) any part of secure test materials including test stimuli, test items, and student responses or save any part of the assessments; 4.01(8) Not discuss, memorize, photocopy, scan, encode, email, take notes, text, blog, or communicate via other forms of social networking, or reproduce using any other methodology; 4.01(9) Ensure that students do not use calculators, phones, or prohibited aids during breaks; 4.01(10) Monitor test materials at all times; do not leave them unattended with students under any circumstances;

Agency Name 4.01(11) Guard against test materials being removed from the room; 4.01(12) Immediately report significant problems or events that interfere with specific testing procedures or that compromise test security, either before or on the test date; and 4.01(13) Participate in resolving in a timely manner any testing irregularities with the administrator of the college entrance exam and the Department. 4.02 Material Requirements 4.02(1) Test materials shipment must be checked and counted within 24 hours of delivery to make sure all items are accounted for. After the shipment has been validated, test materials must be re-packaged and cartons must be resealed for storage until the test date. 4.01(2) Materials must be stored in a secure, locked location with access to the storage area limited to no more than three authorized individuals. 4.02(3) School staff members who are relatives of students taking the college entrance exam must not have access to testing materials at any time. 4.02(4) Materials must be tracked via a documented chain of custody using a written checkout/check-in procedure. 4.02(5) Materials must not be copied or otherwise reproduced (e.g. taken a picture of, copied by hand, typed, texted) in whole or in part including test stimuli, test items, and student responses, nor may any part of the assessments be saved. 4.02(6) Materials must not be removed from the school. 4.02(7) Materials must not be stored at home/residence, in a vehicle or in a classroom. 4.02(8) Materials must be stored securely until pickup. 4.02(9) Answer documents and other testing materials must be returned to the vendor according to the procedures and deadlines established annually by the Department. 4.03 Visitor Requirements 4.03(1) Staff from the vendor or Department may visit schools the day of the test or the week preceding it. These visitors will have identification and a letter of authorization from the vendor or the Department. No other visitors are allowed in the testing rooms or access to testing materials. 4.03(2) If the media are present during a test, they must remain outside of the building. At no time may media have access to testing materials. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/30/2010.

Entire rule eff. 12/30/2016.

1 CCR 301-47 RULES FOR THE ADMINISTRATION OF THE READ TO ACHIEVE GRANT PROGRAM [Repealed eff. 05/30/2017] {#sec-1-ccr-301-47 omnilex-key=us-co-regs-official--department-4--1 CCR 301-47}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE READ TO ACHIEVE GRANT PROGRAM - Repealed eff. 05/30/2017 1 CCR 301-47 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 05/10/2007.

Entire rule eff. 09/30/2007.

Entire rule repealed eff. 05/30/2017.

1 CCR 301-48 AMENDED RULES FOR THE ADMINISTRATION OF THE TEACHER DEVELOPMENT GRANT PROGRAM [Repealed eff. 05/30/2017] {#sec-1-ccr-301-48 omnilex-key=us-co-regs-official--department-4--1 CCR 301-48}

DEPARTMENT OF EDUCATION

Colorado State Board of Education AMENDED RULES FOR THE ADMINISTRATION OF THE TEACHER DEVELOPMENT GRANT PROGRAM - Repealed eff. 05/30/2017 1 CCR 301-48 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 05/30/2017.

1 CCR 301-49 RULES FOR THE ADMINISTRATION OF THE SCIENCE AND TECHNOLOGY EDUCATION CENTER GRANT PROGRAM [Repealed eff. 05/30/2017] {#sec-1-ccr-301-49 omnilex-key=us-co-regs-official--department-4--1 CCR 301-49}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE SCIENCE AND TECHNOLOGY EDUCATION CENTER GRANT PROGRAM - Repealed eff. 05/30/2017 1 CCR 301-49 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 05/30/2017.

1 CCR 301-50 Rules for the Administration of the Summer School Grant Program for Academic Achievement {#sec-1-ccr-301-50 omnilex-key=us-co-regs-official--department-4--1 CCR 301-50}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE SUMMER SCHOOL GRANT PROGRAM FOR ACADEMIC ACHIEVEMENT 1 CCR 301-50 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 2207801-R-1.00 Statement of Basis and Purpose.

The statutory basis for these rules, adopted November 8, 2001, repealed on October 9, 2003, and readopted on February 8, 2007 is found in 22-2-106(1)(a) and (c), State Board duties; 22-2-107(1)(c), State Board powers; and 22-7-801 through 22-7-807, C.R.S., the Summer School Grant Program for Academic Achievement.

The Summer School Grant Program, 22-7-801 through 22-7-807, C.R.S., requires the State Board of Education to promulgate rules which include, but are not limited to: The funding of programs designed to provide intensive reading, writing, and/or mathematics services to eligible children; application procedures that describe the research-based curriculum and assessments that the school district will use in the summer program; the number of eligible students to be served; time frames for submitting applications; the form of the grant program application; evaluation of progress; and other criteria the State Board may deem appropriate. 2207801-R-2.00 Definitions.

2.00 (1) CSAP.

The Colorado Student Assessment Program administered pursuant to section 22-7-409, C.R.S. 2.00 (2) Department (CDE).

Department (CDE) means the Department of Education created and existing pursuant to section 24-1-115, C.R.S. 2.00 (3) Eligible Student.

A student who will begin fifth, sixth, seventh, or eighth grade in the next academic year and who has received an unsatisfactory proficiency level score on the reading, writing, or mathematics assessment administered through the CSAP for the preceding academic year. 2.00 (4) Grant Program.

Grant Program means the Summer School Grant Program created in section 22-7-803, C.R.S. to provide grants to school districts and institute charter schools to operate summer school programs that will provide intensive reading, writing, or mathematics education services to students entering the fifth through eighth grades who received an unsatisfactory proficiency level score on the reading, writing, or mathematics subject area(s) of the Colorado Student Assessment Program (CSAP) for the previous academic year. Research-based practices will be required that can demonstrate significant improvement in a student’s reading, writing, or mathematics achievement in a short period of time. 2.00 (5) State Board.

State Board means the State Board of Education created pursuant to Section I of Article IX of the State Constitution. 2207801-R-2.01 Implementation Procedures. 2.01 (1) Funding Levels.

CDE will accept applications from school districts, a group of school districts (consortium), and /or institute charter schools to fund the operation of summer school reading, writing, and/or mathematics programs for eligible students. In total, a minimum of eight regional grants ( at least one grant per region) will be awarded to a school district, a group of school districts (consortium), and /or an individual grant to an institute charter school. The grant awards will be proportionate in each region based on the number of eligible students within each region. 2.01 (1)(a)

For the 2006-2007 budget year and for each budget year thereafter, subject to available appropriations, the general assembly shall annually appropriate from the state education fund for summer school programs. School district(s) and/or institute charter schools applying for subsequent grants will not be funded in successive years, if adequate progress was not demonstrated in the previous grant cycle.

2.01 (1)(B)

All grants awarded pursuant to 22-7-803 C.R.S. will be issued to school districts or Institute Charter Schools on or before April 30 of each budget year for which moneys are appropriated for the grant program. 2.01 (2) Application Procedures and Timelines.

Programs will be funded on an annual basis based on the most recent CSAP results regarding unsatisfactory performance of students in the subject area(s) of reading, writing, and/or mathematics, who are entering the fifth through eighth grades. CDE will develop a Request for Proposal (RFP), pursuant to the requirements found in 22-7-803, C.R.S. In order for applications to be approved by CDE, applicants must submit, on forms to be provided by CDE, the following documentation, assurances, and/or information on or before March 21 of each year: 2.01 (2)(a)

The number of eligible students the school district(s) and / or institute charter school will serve. 2.01 (2)(b)

A description of the curriculum that the school district(s) and/or institute charter school will use in the Summer School Program. The school district(s) and/or institute charter school must assure to CDE in its application that the proposed curriculum is aligned with Colorado’s academic content standards for reading, writing, and/or mathematics and that the proposed curriculum and program(s) of instruction are research-based, with proven intensity to demonstrate significant improvement in a student’s performance in a short period of time, and that it will be administered by teachers who have been trained in the use of the program. 2.01 (2)(c)

A draft budget in compliance with CDE’s standard fiscal rules including a budget narrative. A final budget and budget narrative will be required after actual allocations are determined. Upon approval of a final budget and budget narrative, funds will be released to the grantees. 2.01 (2)(d)

Signature Page. 2.01 (2)(e)

Other assurances required by applicants in the application include: An assurance that the applicant will annually provide CDE such information as may be required to determine if the grantee is making satisfactory progress toward accomplishing the funded activities, including participation in evaluations or studies; an assurance that the district will not discriminate against anyone regarding race, gender, national origin, color, disability or age; an assurance that funded projects will maintain appropriate fiscal and program records and that fiscal audits of this program will be conducted by the grantees as a part of their regular audits; an assurance that if any findings of misuse of these funds are discovered, project funds will be returned to CDE; and an assurance that the grantee will maintain sole responsibility for the project even though subcontractors may be used to perform certain services. 2.01 (3) Reporting Requirements.

Each school district, group of school districts (consortium), and /or institute charter school participating in the program must submit an annual report to CDE on or before October 1 following the completion of the summer school program and shall include the following information: 2.01 (3)(a)

The number of eligible students who participated in the school district(s’) and /or institute charter school’s summer school program. 2.01 (3)(b)

Pre and post test performance data in the subject area(s) in which the summer school program was offered, based on an assessment instrument, determined by CDE, which will be administered to the eligible students before and after participating in the program. 2.01 (4) Evaluation of Progress The Department will review pre and post test performance data, for each participating student, in the subject area(s) in which the summer school program was offered, based on an assessment instrument determined by CDE. A comparison of pre and post test data will be reviewed to evaluate the progress of programs. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/30/2007.

Entire rule eff. 12/30/2007.

1 CCR 301-51 Rules for the Administration of the Colorado School Awards Program {#sec-1-ccr-301-51 omnilex-key=us-co-regs-official--department-4--1 CCR 301-51}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE COLORADO SCHOOL AWARDS PROGRAM

1 CCR 301-51 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ 2207-R-1.00 Statement of Basis and Purpose.

The statutory basis for these rules is found in § § 22-2-106 (1) (a) and (c), C.R.S., State Board duties; § 22-2-107 (1) (c), C.R.S., State Board powers; and § § 22-11-601 through 604, C.R.S., Colorado School Awards Program. The Colorado School Awards Program, § § 22-11-601 through 604, C.R.S., requires the State Board of Education to promulgate rules which include, but are not limited to procedures for transmitting the financial awards to schools that demonstrate outstanding performance. The modifications to the rules adopted by the State Board on February 9, 2011 were made in compliance with the requirements of the Committee on Legal Services.

Amendments to these rules were made pursuant to H.B. 14-1385, § 22-11-603.7, C.R.S., concerning the creation of High School Academic Growth Awards and authorizing the State Board to adopt rules establishing the method by which to identify the public high schools that demonstrate the highest rate of student longitudinal growth. 2207-R-2.00 Definitions. 2.01 “Classification” means the grouping of schools established biennially by the statewide association for high school activities for the sport of football. 2.02 “Colorado Growth Model” means a scientifically rigorous statistical model that the Department uses to calculate students’ annual academic growth in the subjects included in the Statewide Assessments based on students’ scores on the annual Statewide Assessments, which model is adopted by the State Board pursuant to § 22-11-202, C.R.S. 2.03 “Colorado School Awards Program” or “Program” means the Awards program administered by the Department of Education pursuant to § § 22-11-601 through 604, C.R.S. whereby the State Board of Education annually presents financial awards to schools that demonstrate outstanding performance. 2.04 “Department” means the Department of Education created and existing pursuant to § 24-1-115, C.R.S. 2.05 “Public School” shall have the same meaning as provided in § 22-1-101, C.R.S., and includes, but is not limited to, a charter school of a public school district, an Institute charter school, and an online program, as defined in § 22-30.7-103 (9), C.R.S. 2.06 “School Accountability Committee” means the committee established by the Public School pursuant to § 22-11-401, C.R.S. 2.07 “State Board” means the State Board of Education created pursuant to Section 1 of Article IX of the State Constitution. 2.08 “Statewide Assessments” means the assessments administered pursuant to the Colorado student assessment program created in § 22-7-409, C.R.S., or as part of the system of assessments adopted by the State Board pursuant to § 22-7-1006, C.R.S. 2207-R-3.00 Implementation Procedures. 3.01 John Irwin Schools of Excellence Awards 3.01 (A) Of the moneys available for the Colorado School Awards Program pursuant to

part 6 of article 11 of title 22 and remaining after the distribution of funding under the Centers of Excellence Awards, one third shall be awarded as John Irwin Schools of Excellence Awards. 3.01 (B) These awards shall be granted to the Public Schools whose level of attainment on the performance indicator concerning student achievement levels, as calculated pursuant to § 22-11-204 (3), C.R.S., is within the top eight percent of all Public Schools in the state. 3.01 (C) Subject to available appropriations, each John Irwin Schools of Excellence Award shall be five thousand, ten thousand, or fifteen thousand dollars. 3.01 (D) These amounts shall depend on the number of pupils attending the Public School as reported in the state’s October 1 student count, pursuant to the Public School Finance Act, during the academic school year in which the school’s outstanding performance was achieved. 3.01 (D) (1) An amount of five thousand dollars shall be awarded to those schools not exceeding 200 pupils. 3.01 (D) (2) An amount of ten thousand dollars shall be awarded to those schools with more than 200 pupils but not exceeding 500 pupils. 3.01 (D) (3) An amount of fifteen thousand dollars shall be awarded to those schools with more than 500 pupils. 3.01 (D) (4) If the available appropriations are insufficient to award each school the amount specified, the Department shall reduce all awards for that year proportionately. 3.01 (D) (5) The monetary award shall be based on the total number of pupils within the school. 3.02 Governor's Distinguished Improvement Awards. 3.02 (A) Of the moneys available for the Colorado School Awards Program pursuant to

part 6 of article 11 of title 22 and remaining after the distribution of funding under the Centers of Excellence Awards, two thirds shall be awarded as Governor’s Distinguished Improvement Awards. 3.02 (B) These awards shall be granted to the Public Schools in the state demonstrating the highest rates of sustained student longitudinal growth across multiple years, measured by median student growth percentiles as calculated by the Colorado Growth Model, and in a manner that appropriately considers school size. 3.02 (C) Awards shall be given to those elementary, middle and high schools with the highest sustained student growth rates as determined pursuant to subsection (B) of this

section and, as appropriate, as informed by the school performance evaluation framework established pursuant to article 11 of title 22. 3.02 (D) The number of Public Schools recognized with awards shall be based on the amount of funding available. 3.03 Centers of Excellence Awards. 3.03 (A) Of the moneys available for the Colorado School Awards Program pursuant to

part 6 of article 11 of title 22, two hundred fifty thousand dollars shall be awarded under the Centers of Excellence Awards. 3.03 (B) These awards shall be granted to the Public Schools in the state that (1) enroll a student population of which at least seventy-five (75) percent are at-risk pupils, as defined in § 22-54-103 (1.5), C.R.S., and (2) demonstrate the highest rates of sustained student longitudinal growth across multiple years, measured by median student growth percentiles as calculated by the Colorado Growth Model and in a manner that appropriately considers school size. 3.03 (C) Awards shall be given to those elementary, middle and high schools with the highest sustained student growth rates as determined pursuant to subsection (B) of this

section and, as appropriate, as informed by the school performance evaluation framework established pursuant to article 11 of title 22. 3.03 (D) The number of Public Schools recognized with awards shall be based on the amount of funding available. 3.04 High School Academic Growth Awards. 3.04 (A) Subject to available appropriations, the State Board shall annually present an award to the public high school that demonstrates the highest levels of student academic growth within each Classification. 3.04 (B) The High School Academic Growth Awards must be in the form of trophies that resemble the trophies presented for athletic accomplishments. 3.04 (C) The following criteria will be used to identify the public high schools that demonstrate the highest rate of student longitudinal growth in one or more years, as measured by the Colorado Growth Model. 3.04 (C) (1) In order to be eligible for the high school growth award, schools must have at least 20 or more students that have growth scores in each of the growth content areas: reading, writing and math. For schools that have at least 20 or more students that have growth scores based on the most recent single year of data, award determinations will be based on a single year of data. For schools that do not have at least 20 or more students that have growth scores based on the most recent single year of data, award determinations will be based on three years of data. Schools that do not have at least 20 or more students that have growth scores based on either one or three years of data will not be considered for a growth award. 3.04 (C) (2) A single cross-content median student growth percentile will be used to determine which high schools have demonstrated the highest rates of student growth within each classification. This median will reflect growth data from all three content areas (reading, writing, and math). 3.04 (C) (3) Within each Classification, schools with the highest cross- content median growth percentiles will be identified as the highest performers. If there are ties within a given Classification, all schools with the highest ranked crosscontent median growth percentile will be eligible for an award. 3.04 (D) The High School Academic Growth Awards are named for each Classification and known as the academic growth award for that Classification. 3.04 (E) Any moneys that the department may receive pursuant to § 22-11-605, C.R.S.

(1) in the form of public or private gifts, grants, or donations, in the 2014-15 budget year and each budget year thereafter, the department shall use up to one thousand five hundred dollars to award trophies pursuant to § 22-11-603.7. The department shall apportion the remainder of the moneys available for awards as provided in §§ 22-11-602, 22-11-603, and 22-11-603.5, C.R.S. 3.05 Distribution of Awards 3.05 (A) The State Board shall award funding to Public Schools for use within the Public School as the principal, after consultation with the School Advisory Council, deems appropriate. 3.05 (B) Funding shall be distributed directly to the recipient Public School’s district or the Charter School Institute, whichever is applicable, on behalf of the recipient Public School.

Funding shall only be used for the purposes identified by the Public School’s principal. 3.05 (C) These award funds shall not supplant moneys made available to the public school from funding received by the school district pursuant to Article 54 of the Colorado School Laws or pursuant to the taxing authority of the school district. 3.06 Timeline for Distribution. 3.06 (A) Within 90 days after the Department has conducted its annual review of each Public School’s performance, pursuant to § 22-11-210, C.R.S., the State Board shall notify recipients of any of the Colorado School Awards that they have been granted an award. 3.06 (B) Distribution of the award funds, pending annual appropriations, will occur as soon as final determination of award amounts is calculated and moneys become available for distribution. 3.07 School Awards Program Fund. 3.07 (A) Funds for the program shall be appropriated to the Department by the General Assembly. 3.07 (B) Any funds unexpended and unencumbered at the end of the fiscal year will remain in the program fund. However, interest from the deposit and investment of these moneys shall be credited to the General Fund. 3.07 (C) No moneys are available to the Department for administering the program. 3.07 (D) The amount allocated by the state for the program may be increased by grants, gifts, and donations from public or private sources that will be credited to the fund. _______________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 01/13/2010; expired 04/13/2010.

Entire rule eff. 04/30/2010.

Entire rule eff. 03/31/2011.

Entire rule emer. rule eff. 12/01/2014; expired 03/12/2015.

Entire rule eff. 04/15/2015.

1 CCR 301-52 RULES FOR THE ADMINISTRATION OF THE SCHOOL IMPROVEMENT PLAN AND GRANT PROGRAM [Repealed eff. 12/30/2020] {#sec-1-ccr-301-52 omnilex-key=us-co-regs-official--department-4--1 CCR 301-52}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE SCHOOL IMPROVEMENT PLAN AND GRANT PROGRAM - Repealed eff. 12/30/2020 1 CCR 301-52 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ C.R.S. 22-7-609 through 22-7-609.5, which outlined the administration of school improvement plans under a previous school accountability system and authorized the School Improvement Grant Program, were repealed by the Colorado General Assembly in 2009. The corresponding rules in 1 CCR 301-52 have become obsolete and are being repealed by the Colorado State Board of Education. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 12/30/2020.

1 CCR 301-53 ADMINISTRATION OF THE TEACHER PAY INCENTIVE PROGRAM - Expired effective 05/15/03 {#sec-1-ccr-301-53 omnilex-key=us-co-regs-official--department-4--1 CCR 301-53}

DEPARTMENT OF EDUCATION

Colorado State Board of Education ADMINISTRATION OF THE TEACHER PAY INCENTIVE PROGRAM - Expired effective 05/15/03 1 CCR 301-53 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

1 CCR 301-54 RULES FOR THE ADMINISTRATION OF THE ACT ASSESSMENT ON A NATIONAL TEST DATE [Repealed eff. 12/30/2016] {#sec-1-ccr-301-54 omnilex-key=us-co-regs-official--department-4--1 CCR 301-54}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE ACT ASSESSMENT ON A NATIONAL TEST DATE – Repealed eff. 12/30/2016.

1 CCR 301-54 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 12/30/2016. See 1 CCR 301-46.

1 CCR 301-55 PROPOSED RULES FOR THE IMPLEMENTATION AND FINANCING OF REGIONAL EDUCATION AND SUPPORT SERVICES [Repealed eff. 04/30/2017] {#sec-1-ccr-301-55 omnilex-key=us-co-regs-official--department-4--1 CCR 301-55}

DEPARTMENT OF EDUCATION

Colorado State Board of Education PROPOSED RULES FOR THE IMPLEMENTATION AND FINANCING OF REGIONAL EDUCATION AND SUPPORT SERVICES - Repealed eff. 04/30/2017 1 CCR 301-55 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 04/30/2017.

1 CCR 301-56 RULES FOR THE ADMINISTRATION OF COLORADO ONLINE PROGRAMS [Repealed eff. 11/30/2008] {#sec-1-ccr-301-56 omnilex-key=us-co-regs-official--department-4--1 CCR 301-56}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF COLORADO ONLINE PROGRAMS - Repealed effective 11/30/2008 1 CCR 301-56 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes In 2003, the State Board of Education approved the Rules for the Administration of Colorado Online Programs (1 CCR 301-56). With the passage of SB07-215, which repealed former statute regarding online program requirements, and with the promulgation of the 2008 Rules for the Administration, Certification and Oversight of Online Programs (1 CCR 301-71), the repeal of 1 CCR 301-56 is necessary in order to comport with current statute.

History Entire rule repealed eff. 11/30/2008.

1 CCR 301-57 Rules for the Administration of Accountability for Alternative Campuses {#sec-1-ccr-301-57 omnilex-key=us-co-regs-official--department-4--1 CCR 301-57}

DEPARTMENT OF EDUCATION

THE ADMINISTRATION OF ACCOUNTABILITY FOR ALTERNATIVE CAMPUSES

1 CCR 301-57 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ 1.00 Statement of Basis and Purpose.

Section 22-7-604.5, C.R.S., requires the State Board to adopt rules specifying the criteria and application process for a school to be designated an alternative education campus and to adopt rules specifying the information that will be used to effectively communicate to parents of students enrolled in an alternative education campus and to the public the performance of the alternative education campus and the performance of students enrolled in the alternative education campus. Section 22-11-210 (1) (b), C.R.S., requires the State Board to promulgate rules establishing objective, measurable criteria that the Department shall apply in recommending to the State Board that an alternative education campus implement a performance, improvement, priority improvement or turnaround plan or that an alternative education campus shall be subject to restructuring. 2.00 Definitions. 2.01 “Alternative Education Campus” means a public school, including a charter school that receives a designation pursuant to §22-7-604.5(1), C.R.S. 2.02 “Charter School Institute” means the entity created pursuant to §22-30.5-503, C.R.S. 2.03 “Commissioner” means the office of the commissioner of education created and existing pursuant to section 1 of article IX of the state constitution. 2.04 “High-Risk Student” means a student enrolled in a public school who meets the criteria outlined in §22-7-604.5(1.5), C.R.S. 2.05 “Institute charter school” means a charter school that is authorized by the Charter School Institute pursuant to the provisions of part 5 of article 30.5 of title 22, C.R.S. 2.06 “Local school board” means the board of education of a district. “Local school board” also includes the governing board of a Board of Cooperative Education Services, as defined by §22-5- 101, C.R.S., et seq., if the Board of Cooperative Education Services is operating a public school. 2.07 “Public school” shall have the same meaning as provided in §22-1-101, C.R.S., and includes but is not limited to a district charter school, an Institute Charter School, and an online school as defined in section §22-30.7-102(9.5), C.R.S. 2.08 “State Board” means the State Board of Education established pursuant to section 1 of article IX of the state constitution. 2.09 “Statewide Assessments” means the assessments administered pursuant to the Colorado student assessment program created in § 22-7-409, C.R.S., or as part of the system of assessments adopted by the State Board pursuant to § 22-7-1006, C.R.S. 3.00 Criteria and Application Process for a School to be Designated an Alternative Education Campus. 3.005 As a result of the Governor’s declaration of a state of disaster emergency in the spring of 2020, the suspension of the 2020 Statewide Assessments, and the temporary suspension of normal inperson instruction at public elementary and secondary schools thereafter, the State Board suspends Rules 3.02 and 3.05 for calendar year 2020. The State Board may allow any Public School that was designated as an Alternative Education Campus in school year 2019-2020 to retain that designation in school year 2020-21. Any public school not previously designated as an Alternative Education Campus but seeking such designation for school year 2020-2021 may apply only in accordance with these rules. 3.01 To be designated an Alternative Education Campus, a public school must: 3.01(A) Have a specialized mission and serving a special needs or at-risk population; 3.01(B) Be an autonomous public school, meaning that the school provides a complete instructional program that allows students to proceed to the next grade level or to graduate; 3.01(C) Have an administrator who is not under the supervision of an administrator at another public school; 3.01(D) Have a budget separate from any other public school; 3.01(E) Have nontraditional methods of instruction delivery; and 3.01(F) One of the following: 3.01(F)(i) Serve students who have severe limitations that preclude appropriate administration of the assessments administered pursuant to §22-7-409, C.R.S.; 3.01(F)(ii) Serve a student population in which more than ninety percent of the students have an individual education program pursuant to §22-20-108, C.R.S. or meet the definition of a High-Risk Student, or any combination of these two criteria that equals at least ninety percent of the student population; or 3.01(F)(iii) Serve students who attend on a part-time basis and who come from other public schools where the part-time students are counted in the enrollment of the other public school; except that the results of the assessments administered pursuant to §22-7-409, C.R.S., of all part-time students and High- Risk Students shall be used in determining the levels of attainment on the performance indicators for the public school for which the student is counted for enrollment purposes.; 3.02 On or before July 1 of each year, the Institute or local school board for any public school that desires to be designated an Alternative Education Campus pursuant to §22-7-602, C.R.S., shall file with the State Board a request for designation as an Alternative Education Campus. A public school may submit an application on its own, with approval from the Institute or local school board. Each request shall contain sufficient information to establish that the public school meets the requirements established by these rules. The application will include the selection of the evaluation measures described in section 3.05 of these rules, below. 3.03 On or before August 20 of each year, the State Board shall approve the designation as an Alternative Education Campus for any public school for which a request has been filed and that is found by the State Board to meet the requirements of these rules. 3.04 If the State Board denies a request for a public school to be designated as an Alternative Education Campus, the public school or the Institute or local school board for the public school, may resubmit the application with any relevant information, within ten (10) business days of the State Board’s initial determination. On or before September of each year, the State Board shall reconsider the public school’s designation as an Alternative Education Campus and shall issue a final determination on the matter. 3.05 The Department shall annually review the performance of each Alternative Education Campus based on the following indicators, and using the following measures: 3.05(A) Student achievement. Student achievement shall be measured on the Statewide Assessments, if sufficient data is available. If sufficient data on the Statewide Assessments is not available, or if the Alternative Education Campus provides sufficient rationale for why information in addition to the Statewide Assessment data is necessary, student achievement also shall be measured on an alternative standardzed assessment selected by the Alternative Education Campus, agreed to by the local school board for that Alternative Education Campus or the Institute, whichever is applicable, and approved by the Department pursuant to section 3.08 of these rules. Assessments other than the Statewide Assessments must be aligned with the academic standards adopted by the local school board or Institute pursuant to § 22-7-1013; 3.05(B) Student longitudinal academic growth. Student longitudinal academic growth shall be measured on the Statewide Assessments, if sufficient data is available. If sufficient data on the Statewide Assessments is not available, or if the Alternative Education Campus provides sufficient rationale for why information in addition to the Statewide Assessment data is necessary, student longitudinal academic growth also shall will be measured on an alternative standardized assessment selected by the Alternative Education Campus, agreed to by the local school board for that Alternative Education Campus or the Institute, whichever is applicable, and approved by the Department pursuant to section 3.08 of these rules. The measures of student longitudinal academic growth must be consistent with the measures set forth in § 22-11-204 (2), C.R.S.; 3.05(C) Post-secondary and workforce readiness. Post-secondary and workforce readiness shall be measured in a manner that is consistent with § 22-7-1008, C.R.S., and § 22-11-204, C.R.S., on measures that are selected by the Alternative Education Campus, agreed to by the local school board for that Alternative Education Campus or the Institute, whichever is applicable, and approved by the Department pursuant to section 3.08 of these rules. Post-secondary and workforce readiness measures shall include performance on the standardized, curriculum-based, achievement, college entrance examination administered as a Statewide Assessment or the postsecondary and workforce readiness assessment described in § 22-7-1003 (16), C.R.S., if sufficient data is available. Post-secondary and workforce readiness measures also shall include transition success for non-degree granting institutions; and 3.05(D) Student engagement. Student engagement shall be measured in a manner that is selected by the Alternative Education Campus, agreed to by the local school board for that Alternative Education Campus or the Institute, whichever is applicable, and approved by the Department pursuant to section 3.08 of these rules. Student engagement may include attendance rates, truancy rates, student re-engagement rate or other measures of student/parent attitude or behavior that promote positive educational outcomes. 3.06 The measures used to evaluate the performance of each Alternative Education Campus shall reflect the unique purposes of the campus and unique circumstances of and challenges that must be met by the students enrolled in the campus, as well as consider the statewide performance targets established pursuant to § 22-11-201, C.R.S.. 3.07 Prior to being evaluated, each Alternative Education Campus, after having received approval from its local school board or the Institute, whichever is applicable, shall submit the following to the Department for approval: 3.07(A) The selected measure for each indicator (student achievement on a standardized assessment, student longitudinal academic growth on a standardized assessment, postsecondary and workforce readiness, and student engagement); and 3.07(B) Measurable targets for each indicator that are achievable but ambitious, based on research, to the extent available, or, when such research is not available or adequate, calculated to enable rigorous review of school performance and future research; 3.08 Department approval of the measures and targets used to evaluate the performance of each Alternative Education Campus shall be based on: 3.08(A) Whether the measures fairly evaluate the performance of the Alternative Education Campus based on the size and distinctive student population and mission of the school, and whether those measures can reasonably demonstrate successful changes in student attitudes, behaviors and performance; 3.08(B) Whether the targets are achievable but ambitious, and allow for evaluation of progress towards attainment on each of the indicators described in section 3.05 of these rules; 3.08(C) Whether the measures and targets reflect expectations established for students becoming postsecondary and workforce ready as described in Part 10 of Article 7 of Title 22 (the Preschool to Postsecondary Education Alignment Act) and § 22-2-136, C.R.S.; 3.08(D) Whether the measures and targets recognize and make appropriate use of wellestablished or widespread existing practices in education of High-Risk Students or subgroups of such students; and 3.08(E) Whether the measures and targets are based on data that will allow the Department to collect, evaluate, and, if needed, audit said data. 3.09 In evaluating the performance of each Alternative Education Campus, greatest emphasis shall be placed on student academic growth and postsecondary and workforce readiness. 3.10 Each August, the Department shall conduct a review of the performance of each Alternative Education Campus based on the school performance evaluation framework described in 1 CCR 301-1 and the performance evaluation framework described in section 3.05 of these rules.

Following this annual review, the Department shall recommend to the Commissioner and the State Board whether the Alternative Education Campus shall adopt a performance, improvement, priority improvement, or turnaround plan, as said plans are described in § §22-11-403 to 22-11- 406, C.R.S. Based on the recommendations, the State Board shall notify each Alternative Education Campus and its district school board or the Charter School Institute, if the Alternative Education Campus is an Institute Charter School, of the type of plan the Alternative Education Campus shall adopt. In adopting its plan, each Alternative Education Campus shall comply with the provisions of § §22-11-403 to 22-11-406, C.R.S., as applicable. 3.11 The local school board for an Alternative Education Campus or the Charter School Institute, if the Alternative Education Campus is an Institute Charter School, shall specify the accreditation category for the Alternative Education Campus in accordance with the accreditation process adopted by the district school board or the Charter School Institute pursuant to §22-11-307, C.R.S. 3.12 The Department shall publish on SchoolView a performance report for each Alternative Education Campus. The performance report for an Alternative Education Campus will effectively communicate to the parents of students enrolled in the Alternative Education Campus and to the public the performance of the Alternative Education Campus and the performance of students enrolled in the Alternative Education Campus. Said report will include the following information: 3.12(A) All information included in the school performance reports for all other public schools in the state, pursuant to §22-11-503, C.R.S.; and 3.12(B) Any additional information related to the performance of the Alternative Education Campus on the indicators described in section 3.05 of these rules, above. 3.13 Prior to the publication of the performance reports on SchoolView, the Department shall allow each District and the Institute a reasonable period of time to review the Alternative Education Campus’ information as it will appear on the performance reports and correct any errors or misinformation identified by the District or Institute. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/30/2010.

Entire rule eff. 05/31/2011.

Entire rule eff. 07/30/2012.

Rules 2.04, 3.01(F)(ii), 3.05(A) eff. 12/15/2016.

Entire rule eff. 07/30/2020.

1 CCR 301-58 RULES FOR THE ADMINISTRATION OF THE SUMMER SCHOOL GRANT PROGRAM FOR FACILITY SCHOOLS [Repealed eff. 12/30/2020] {#sec-1-ccr-301-58 omnilex-key=us-co-regs-official--department-4--1 CCR 301-58}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE SUMMER SCHOOL GRANT PROGRAM FOR FACILITY SCHOOLS - Repealed eff. 12/30/2020 1 CCR 301-58 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ C.R.S. 22-86-101 through 22-86-106, which authorized the Summer School Grant Program for Facility Schools, was repealed by the Colorado General Assembly in 2008. The corresponding rules in 1 CCR 301-58 have become obsolete and are being repealed by the Colorado State Board of Education. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 12/30/2020.

1 CCR 301-62 Rules for the Administration and the Assessment of Students Whose Dominant Language Is Not English {#sec-1-ccr-301-62 omnilex-key=us-co-regs-official--department-4--1 CCR 301-62}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION AND THE ASSESSMENT OF STUDENTS WHOSE DOMINANT LANGUAGE IS NOT ENGLISH 1 CCR 301-62 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ 2224-R-1.OO STATEMENT OF BASIS AND PURPOSE The statutory basis for these rules is found in Colorado Revised Statutes 22-24-106 (1) (a); and 22-24- 103 (4) (a)(b) of the English Language Proficiency Act and in the H.R. 1 federal legislation: No Child Left Behind Law 107-110, Title I, Part A, and Title III.

These rules establish standards and criteria for the development of assessments, accommodations and reporting mechanisms for the achievement of students whose dominant language is not English.

The State Board of Education will determine accommodations which may be allowed for the assessment of students whose dominant language is not English.

1.01 PURPOSE 1.02 To provide a process for the State Board of Education to fulfill the constitutional responsibility for supervising the educational opportunities of limited English proficient students in the public schools of the state. 1.03 Support efforts to improve the educational opportunities of students whose dominant language is not English. 1.04 Provide clarity and uniformity in the selection, development, and administration of assessments. 1.05 Provide a reporting mechanism that is easily understood by educators and the public. 2224-r 2.00 DEFINITIONS 2.01 A student whose dominant language is not English is a public school student whose academic achievement and English language proficiency has been determined by his or her local school district, using instruments and tests approved by the State Board of Education, and found to be unable to comprehend or speak English adequately, due to the influence of a language other than English. 2.02 The term “limited English proficient child” refers to an individual who is between the ages of 3 and 21; may or may not have been born in the United States, including a Native American, Alaskan native, or migratory, and comes from an environment where a language other than English is dominant and has documented difficulty speaking, reading, writing, and understanding the English language. 2.03 The term “all students” refers to students fitting the definition of limited English proficient (LEP), who are dominant in a language other than English, regardless of nationality; gender; socio-economic level; disadvantaged status; racial, ethnic, or cultural background; exceptional abilities, or disabilities. 2.04 The term “immigrant child” means an individual who is ages 3 through 21; was not born in any of the United States has not been attending one or more schools in any one or more states, for more than 3 full academic years. 2.05 A non-English proficient (NEP) student speaks and comprehends a language other than English and does not speak, read, write, or comprehend English. 2.06 A limited English proficient (LEP) student is a student who may comprehend, speak, read, or write English partially, but whose predominant comprehension or speech is in a language other than English. 2.07 A fluent English proficient student (FEP) speaks, read, or writes a language other than English, and is able to comprehend, speak, read, and write English on a level comparable to his or her monolingual English- speaking peers. 2.08 A redesignated student is one that has achieved a level of “fluent” on a reliable, valid language proficiency assessment and has achieved a level of partially proficient or proficient on the CSAP. 2.08.1 An exited student is a student that has been redesignated as fluent, has completed two consecutive monitoring years and is ready for formal exit into the mainstream. 2224-r3.00 DEPARTMENT POWERS AND DUTIES 3.01 The Colorado Department of Education shall provide oversight to school districts in their requirement to assess the language proficiency of students whose dominant language is one other than English. 3.02 Districts shall be required to assess and identify the numbers and percentages of students whose dominant language is not English, and to track student progress toward English language acquisition; meeting language arts content standards; and to report progress and achievement data for students, in grades k-5, 6-8 and 9-12, to the department, annually. 3.03 The Department is required by annually to report district progress in meeting annual measurable achievement objectives for English proficiency to state and federal agencies. 3.04 The Department is charged with overseeing that assessment accommodations are planned and applied in the administration of the Colorado Student Assessment Program (CSAP) to students whose language is one other than English in the categories of time/scheduling, timing/scheduling, and setting/environment. 3.05 All accommodations extended to these students must be part of the language instruction educational plan (LIEP) for three months prior to the administration of the assessment. 3.06 The accommodations shall be reviewed annually to determine if students are receiving appropriate, adequate, and consistent assistance, prior to and during the administration of formal student achievement and language assessments. 3.07 The Department shall establish criteria for the development of a trained interpreters corps, which shall include, but not be limited to instruction in the implementation of guidelines for the use of translated materials; CSAP administration practices; and evaluation of existing accommodations. 3.08 The Department shall collect data to track all elements related to the acquisition of language proficiency and academic progress. 3.09 Districts will be required to assess students using a single language proficiency assessment instrument, for the purpose of measuring language proficiency and the computation of measurable achievement objectives. 3.10 Presently sanctioned language proficiency assessment instruments may be used for screening purposes and initial placement. 3.11 The Department shall collect data to track all elements related to the acquisition of language proficiency and academic progress. 2224-r-4.00 ADVISORY COMMISSIONS 4.01 A six-member advisory commission, established by the Colorado State Board of Education, is charged with assisting the ELA and assessment units with the alignment of federal and state legislative - mandates pertaining to the assessment of limited English proficient students. The board will continue to define and support the development of future structures. 2224-r-5.00 ASSESSMENT 5.01 School districts shall assess students, whose dominant language is one other than English, to determine annual measurable achievement objectives, as required by state and federal legislation. 5.02 School districts shall be required to: 5.02 (a) Administer the state language proficiency assessment 5.02 (b) Report Annual Measurable Achievement Objectives for students in grades K-12, by grade level, school and district 5.02 (c) Report the number and percentage of students in each of the language proficiency categories 5.02 (d) Report the number and percentage of students attaining English language proficiency. 5.02 (e) Report the number and percentage of students meeting academic content standards, for each of the two years after they have left language instruction educational programs and moved into general classroom instruction. 5.02 (f) Report the type of language instruction educational program provided by district. 5.03 The Department will implement one single language accountability measure by 2004-2005 and shall certify annually to the Colorado State Board of Education, and to relevant federal and state agencies, the total number and percent of students whose dominant language is not English, and include the number of languages reported, the number of students in the non-English proficient, limited English proficient, fluent English proficient, redesignated and exited categories, and the progress of individual students in each category. 5.04 The performance of limited English proficient students is to be reported by school districts under the following categories: 5.04 (a) Non-English proficient or pre-emergent and emergent 5.04 (b) Limited English proficient - post emergent and intermediate 5.04 (c) Fluent English proficiency or fluent/advanced 5.04 (d) Redesignated (no longer in need of services in a language instruction educational program) 5.04 (e) Monitored (years 1 and 2) 5.04 (f) Exited - number and percentage of students who exit, each year 5.05 School districts shall prepare annual reports relaying language category information in accordance with department-designated formats to meet state and federal reporting requirements. 5.06 The language proficiency assessment shall track progress towards meeting academic standards; shall be conducted on an annual basis; and each district shall submit results annually to the department, for inclusion in required reporting. 5.07 The department, in collaboration with school districts, will annually track the performance of students whose dominant language is other than English, through the following accountability measures: 5.07 (a) Adequate yearly progress (AYP) 5.07 (b) Annual Measurable Achievement Objectives for language proficiency . (AMAO) 5.07 (c) Accreditation indicators 5.07 (d) Accountability reports 5.07 (e) Biannual reports to United States Department of Education 2224-r-6.00 ACCREDITATION INDICATORS 6.01 The Board of Education will continue to require a report on the progress of students whose dominant language is one other than English as an indicator on the accreditation report. 6.02 Districts shall report language proficiency assessment scores for the numbers and percentages of students who are in the non-English proficient (NEP), limited English proficient (LEP), fluent English proficient (FEP), reclassified/monitored yl, y2, and exited categories. 2224-r-7.00 ACCOUNTIBILATY REPORTS 7.01 The district accountability report shall provide information pertaining to the following indicators. 7.01 (a) Annual measurable achievement objectives for language proficiency 7.02 (b) Adequate Yearly Progress 7.03 Districts shall by June 30, annually submit data reports that include the number of students certified; number of languages reported; progress on annual measurable achievement objectives; and AYP, as part of the ELPA certification report and consolidated application. 7.04 Districts shall submit the accountability reports prescribed in the accountability report rules and regulations guidance document. 7.05 The accountability report shall include relevant information regarding the indicators listed in this document under section (5.04) as aggregate data on numbers and percentages of students in elementary, middle and high school and shall provide accurate information on students' language proficiency, by proficiency level, grade level, and include relevant data and information pertaining to the annual measurable objectives and targets. 2224 r-8.00 SCHOOL ACCOUNTABILITY REPORTS-FORMAT 8.01 The Colorado State Board of Education shall approve the accountability report format to ensure that it meets state and federal reporting requirements. 2224-r-9.00 and r-10.00 REVISED SUBSECTIONS 9.01 The new language proficiency assessment is to be aligned and linked with state language arts content standards pursuant to section C.R.S. 22-7-406. 9.02 The Department shall select and maintain a task force which shall meet, as needed, to ensure that English language development (ELD) standards are aligned with language arts standards and are updated when necessary. 9.03 The language proficiency assessment is to be conducted annually, between the second Monday in March and the third Monday in April. 10.01 The Department shall provide annual reports to the Colorado State Board of Education, school districts, and state and federal agencies, regarding the disaggregated results of the language proficiency assessment and shall disseminate such data via electronic means to state and federal agencies, and to school districts, and will post them on the English language acquisition unit (ELA) web site as public information. 10.02 The ELA unit will compile and submit an annual report regarding individual district data and is to include performance and measurable objectives prepared according to state and federal regulatory guidance. 10.03 The Colorado State Board of Education, in collaboration with Title I and the ELA units, will identify schools in need of improvement and corrective action and will support the administration of prescribed sanction measures. 10.04 The Department shall provide language proficiency and achievement data to districts of students enrolled in schools receiving an academic performance rating of unsatisfactory. 10.05 Colorado State Board of Education shall disseminate language proficiency assessment results to school districts in order to provide teachers with diagnostic information, in support of improvement plans, improving academic performance and closing the learning gap. 10.06 Per section C.R.S. 22-7-409, the department shall require that all .students identified as limited English proficient, receiving services in a language instruction educational program, be assessed annually and progress tracked through language proficiency and/or CSAP assessment scores. 10.07 School districts shall report assessment results by June 30, annually to comply with state and federal reporting timelines. 10.08 The Department shall include language proficiency scores in the calculation of participation and performance indicators as part of an integrated AYP model. 10.09 The Colorado State Board of Education shall continue to develop and refresh Spanish writing assessments for students enrolled in the third and fourth grade. 10.10 The Colorado State Board of Education will continue to support and encourage the development and adoption of additional assessments to measure the development of skills in the language and mathematics content areas. _________________________________________________________________________ Editor’s Notes

History

1 CCR 301-63 RULES FOR THE ADMINISTRATION OF THE SCHOOL DISTRICT CAPITAL CONSTRUCTION ASSISTANCE PROGRAM [Repealed eff. 01/30/2012] {#sec-1-ccr-301-63 omnilex-key=us-co-regs-official--department-4--1 CCR 301-63}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE SCHOOL DISTRICT CAPITAL CONSTRUCTION ASSISTANCE PROGRAM - Repealed Effective 01/30/2012 1 CCR 301-63 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ 2243.7-R-1.00 Statement of Basis and Purpose The statute authorizing the School District Capital Construction Assistance Program, established in sections 22-43.7-101 through 106, C.R.S., was repealed and reenacted in 2008, and these rules are therefore no longer applicable. _______________________________________________________________________________

Editor's Notes

History Entire rule repealed eff. 01/30/2012.

1 CCR 301-64 RULES FOR THE ADMINISTRATION OF THE CAPITAL CONSTRUCTION EXPENDITURES RESERVE [Repealed eff. 01/30/2012] {#sec-1-ccr-301-64 omnilex-key=us-co-regs-official--department-4--1 CCR 301-64}

DEPARTMENT OF EDUCATION

State Board of Education RULES FOR THE ADMINISTRATION OF THE CAPITAL CONSTRUCTION EXPENDITURES RESERVE - Repealed Effective 01/30/2012 1 CCR 301-64 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ 2254117-R-1.00 Statement of Basis and Purpose The statute authorizing the Capital Construction Expenditures Reserve established in sections 22- 54- 117(1.5), (1.6), and (1.7) C.R.S., was repealed in 2008, and these rules are therefore no longer applicable. _______________________________________________________________________________

Editor's Notes

History Entire rule repealed eff. 01/30/2012.

1 CCR 301-66 Administration of the Dropout Prevention Activity Grant Program {#sec-1-ccr-301-66 omnilex-key=us-co-regs-official--department-4--1 CCR 301-66}

DEPARTMENT OF EDUCATION

Colorado State Board of Education ADMINISTRATION OF THE DROPOUT PREVENTION ACTIVITY GRANT PROGRAM 1 CCR 301-66 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 22-275-R-1.00 Statement of Basis and Purpose The statutory basis for the enactment of the Rules, adopted by the State Board of Education on November 10, 2005 is found in 22-27.5-103(1), C.R.S. The Dropout Prevention Activity Grant Program requires the State Board of Education to promulgate rules which include, but are not limited to: procedures for applying for a grant, the form of the grant application, the information to be provided by the applicant, and the criteria for awarding grants. 22-275-R-2.00 Definitions 2.01 Qualified School is a school that serves any of the grades six through twelve and that receives an academic rating of “low” or “unsatisfactory” for the school year preceding the year that the school is applying for the grant. 2.02 Qualified Community Organization means a non-profit, nonsectarian, community based organization that has the capacity to provide before-and after-school, arts-based or vocational activity programs to low-income youth enrolled in grades six through twelve, and has entered into a formal partnership with a qualified school. The formal partnership is a contract or memorandum of understanding signed by the district superintendent and the chief executive officer of the community based organization. 22-275-R-3.00 Notification The department of education shall notify the local district boards within 30 days after being notified by the department of revenue of the amount of money available in the grant fund and the date the grant application will be posted on the department’s web site. The local board will be responsible for notifying the qualified schools in the district of the availability of the grant. 22-275-R-4.00 Grant Application Procedures Each qualified school and each qualified community organization that has a valid partnership agreement with a qualified school shall notify the district superintendent and school board president of the amount of money they will apply for and the proposed use of the funds within a timeframe determined by the local board policy prior to submitting the application. The local board shall determine if the proposal meets the district policy and shall either approve or disapprove the application submission to the department of education. 22-275-R-5.00 Grant Application The grant application shall require at a minimum a statement of student needs used to determine the program being submitted for funding, the capacity of the staff for the program to deliver the services, a description of how the program will be evaluated for effectiveness including measurable objectives, the hours of operation, and the number of children to be served. If the program is being implemented by a qualified community based organization a description of that organization’s capacity and history of delivering such programs shall be included. 22-275-R-6.00 Criteria for Awarding the Grant In order to select the most effective programs for funding the department shall apply the following criteria: the demonstrated need for the program including dropout rates, the extent to which the program utilizes an arts-based or vocational activity program, the percentage of minority students to be served, free and reduced lunch rates at the school, the quality of the program used to address the needs, the number of students who will participate in the program, the quality of the evaluation and the cost effectiveness of the services. The criteria for selecting the best programs shall be included in the application. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/01/2006.

1 CCR 301-67 ADMINISTRATION OF COLORADO DATA REPORTING FOR SCHOOL ACCREDITATION [Repealed eff. 07/30/2012] {#sec-1-ccr-301-67 omnilex-key=us-co-regs-official--department-4--1 CCR 301-67}

DEPARTMENT OF EDUCATION

Colorado State Board of Education ADMINISTRATION OF COLORADO DATA REPORTING FOR SCHOOL ACCREDITATION - Repealed eff. 07/30/2012 1 CCR 301-67 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1 CCR 301-67 are repealed and all rules pertaining to data reporting for school accountability shall be found in section 13.00 of 1 CCR 301-1. _________________________________________________________________________ Editor’s Notes

History Sections SB&P, 3.02, 4.00, 5.00 eff. 06/30/2009.

Entire rule repealed eff. 07/30/2012.

1 CCR 301-68 Rules for Administration of Medications {#sec-1-ccr-301-68 omnilex-key=us-co-regs-official--department-4--1 CCR 301-68}

Department of Education RULES FOR ADMINISTRATION OF MEDICATIONS 1 CCR 301-68 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Statement of Basis and Purpose The statutory basis for the enactment of these Rules is found in sections 22-1-119.3, C.R.S, 22-1-119.5, C.R.S., and 22-2-135, C.R.S. Section 22-1-119.3 permits the State Board of Education to promulgate rules concerning local policies for student possession and administration of prescription medications. Section 22-1-119.5 is referred to as “Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act”. It requires the State Board of Education, with assistance from the department of public health and environment, to promulgate rules concerning treatment plans for management of students with life-threatening allergies. Section 22-2-135 is referred to as “Colorado School Children's Food Allergy and Anaphylaxis Management Act.” It requires the State Board of Education, in consultation with the department of public health and environment, to promulgate rules for the management of food allergies and anaphylaxis among public school students. 1.00 Definitions 1.01 “Appropriate Staff” means employees of the school whom the principal or equivalent executive, in consultation with the School Nurse, determines to be appropriate recipients of emergency anaphylaxis treatment training, which employees shall include, but need not be limited to, employees who are directly involved during the school day with a student who has a known food allergy. 1.02 “Contract” means the written contract between the student, the student’s parents or legal guardian, and the School Nurse or the school administrator in consultation with the School Nurse, which clearly defines responsibility for the student to self-carry the student’s emergency medication. 1.03 “Delegation” of a Medical or Nursing Task is the transfer of responsibility for the performance of a task from one individual to another while retaining accountability for the outcome. 1.04 “Designated School Personnel” means (a) an employee in a school who has been trained on the administration of emergency-use epinephrine consistent with the rules on administration of emergency-use epinephrine and to whom a school nurse has delegated the nursing task of administering emergency-use epinephrine to students; or (b) an employee in a school who has been trained on the administration of emergency-use epinephrine consistent with the rules on administration of emergency-use epinephrine and to whom a school nurse has delegated the nursing task of administering emergency-use epinephrine to students or who has been trained by a medical professional licensed under

article 240 of title 12 or part 1 of article 255 of title 12 and to whom the licensee has delegated the administration of emergency-use epinephrine under the

authority of that person’s license. 1.05 "Emergency-Use Epinephrine" means a portable, disposable drug delivery device or product approved by the federal food and drug administration that contains a premeasured, single dose of epinephrine that is used to treat anaphylaxis in an emergency situation. 1.06 “Health Care Plan” hereinafter referred to as the “Plan” is a plan for a specific student that addresses the administration of medications and/or treatments for the student, including emergency treatment, and is based on the student’s Healthcare Practitioner’s orders for the administration of medications and/or treatments for the student and includes input from the parents or legal guardian. 1.07 “Healthcare Practitioner” means a physician, nurse practitioner, or physician assistant who has prescriptive authority and is licensed to practice in the State of Colorado. 1.08 “School Nurse” means a nurse licensed to practice as a registered nurse in Colorado who is licensed as a Special Service Provider – School Nurse by the Colorado Department of Education. 1.09 “School Personnel” means school personnel designated by agreement between the principal or his or her designee and a parent or legal guardian. 1.10 “Standing Order and Protocol” is a written plan developed by a Healthcare Practitioner that authorizes specific medical action and includes the administration of selected medication. 2.00 Policy for Management of Food Allergy and Anaphylaxis in the School for Students with a Known Allergy Each school district board of education shall adopt and implement a policy for the management of food allergies and anaphylaxis among students enrolled in public schools. For purposes of this Rule, “school district” and “school board” also refers to other entities authorized to adopt policies on behalf of public school students, including the Charter Schools Institute and its authorized charter schools and Boards of Cooperative Services that operate schools. This policy, at a minimum, shall address the following requirements. 2.01 The management of food allergies and anaphylaxis in the school setting shall be a collaboration between the school district, parents, Healthcare Practitioner, and student, as appropriate. 2.02 The School Nurse or school administrator, in consultation with the School Nurse, shall be responsible for the development and implementation of the Plan for each student with the diagnosis of a potential life-threatening food allergy after reviewing the information provided by the student’s parent or legal guardian and Healthcare Practitioner on the allergy and anaphylaxis standard form developed by the Colorado Department of Public Health and Environment pursuant to

section 25-1.5-109, C.R.S., and referenced in section 22-2-135, C.R.S. If a student qualifies as a student with a disability in accordance with federal law, including but not limited to Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, or the Individuals with Disabilities Education Act, the development of a Health Care Plan and/or other plan as appropriate, in accordance with such federal laws, shall be deemed to meet the requirements of 2.03 The school shall have a plan in place for communication between the school and emergency medical services, including instructions for emergency medical responders. 2.04 Reasonable accommodations shall be made to reduce the student's exposure to agents that may cause anaphylaxis within the school environment as set forth in

section 22-2-135(3)(a)(II), C.R.S. The School Nurse, school personnel, Healthcare Practitioner, the student's parent or legal guardian, and student as appropriate, shall work in partnership to develop reasonable accommodations to reduce the risk of the student’s exposure to agents that cause anaphylaxis. If a student qualifies as a student with a disability in accordance with federal law, including but not limited to Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, or the Individuals with Disabilities Education Act, the development of a Health Care Plan and/or other plan as appropriate, in accordance with such federal laws, shall be deemed to meet the requirements of 2.05 Training shall be done for Appropriate Staff as outlined below in section 3.00 of 2.06 Emergency medications shall be kept in a secure location easily accessible for designated staff. 2.07 The parent or legal guardian of the student shall be responsible for supplying to the school in a timely fashion the medication needed for treatment of food allergies or anaphylaxis unless the student is authorized to self-carry. 2.08 Prior to the beginning of each school year, each school district shall provide notice to the parent or legal guardian of each student enrolled in a public school of the policy adopted by the school district pursuant to section 22-32-139, C.R.S.

The notice shall direct the parent or legal guardian how to access the standard form referred to in section 22-2-135(3)(b), C.R.S. and developed by the Colorado Department of Public Health and Environment pursuant to section 25-1.5-109, C.R.S. 3.00 Appropriate Staff Training 3.01 The principal or an equivalent school administrator, in consultation with the School Nurse, shall determine the appropriate recipients of emergency anaphylaxis treatment training, including Appropriate Staff directly involved during the school day with a student who has a known food allergy. 3.02 Training shall, at a minimum, prepare Appropriate Staff to have a basic understanding of food allergies and the importance of reasonable avoidance of agents that may cause anaphylaxis, the ability to recognize symptoms of anaphylaxis, and the ability to respond appropriately in the event of the student experiencing anaphylaxis including how to administer emergency-use epinephrine if delegated. The training shall also include awareness of the ability of the student to carry and self-administer emergency-use epinephrine. 3.03 Staff training and delegation of emergency medications by the School Nurse shall be done in accordance with section C.R.S. 12-255-101 et seq. and 12-240- 101 et seq. 4.00 Requirements for Students to Self-Carry Asthma/Anaphylaxis Medication 4.01 In order to determine whether a student is eligible to administer the student’s own medication, the School Nurse or administrator in consultation with the School Nurse and in collaboration with the parent or legal guardian and Healthcare Practitioner shall make an assessment of the student’s knowledge of the condition and the ability to self-administer medication. The skill level assessment shall include, but not be limited to, the following areas: ability to identify the correct medication, a demonstration of the correct administration technique, knowledge of the dose required, the frequency of use, and the ability to recognize when to take the medication. 4.02 A Contract between the School Nurse or school administrator in consultation with the School Nurse, the student, and the student's parents or legal guardian shall be established assigning levels of responsibility for each individual. This Contract shall accompany orders for the medication from a Healthcare Practitioner. There must be agreement by all parties that noncompliance with the Contract may result in withdrawal of the privilege. 4.03 The Contract for the student shall include, but not be limited to:

(a) The ability to demonstrate competency in taking the medication;

(b) The ability to demonstrate asthma/allergy management and self-care skills;

(c) The ability to notify school staff if emergency medication has been administered or when having more difficulty than usual with the condition;

(d) And the express prohibition against allowing another person to use the student’s medication. 4.04 The Contract for the parent or legal guardian shall include, but not be limited to:

(a) The provision of a written order by the Healthcare Practitioner;

(b) The provision of a written authorization by the parent or legal guardian;

(c) The assurance that the container is appropriately labeled by a pharmacist or Healthcare Practitioner;

(d) The requirement that the medication device contains the medication;

(e) The requirement that the medication has not expired, that backup medication will be provided to the Health Office for emergencies, and that, on a regular basis, the status of the student’s asthma/allergy is reviewed with the student. 4.05 The Contract for the School Nurse or the school administrator, in consultation with the School Nurse, shall include but not be limited to:

(a) The review with the student of the correct technique for use of the medication device(s);

(b) An understanding of the order for time and dosages;

(c) An understanding of the appropriate use of the medication;

(d) A review of the status of the student's asthma/allergy with the student on a regular basis;

(e) A requirement to notify school staff that needs to know whether the student has asthma, or a life-threatening allergy and has permission to carry and self-administer the medication, and the assignment of a designee to make a 911 emergency call if the student has an exposure that results in the need to use epinephrine. 5.00 Use of Stock Epinephrine in Emergency Situations in School Settings 5.01 A local school board may adopt and implement a policy permitting its schools to acquire and maintain a stock supply of epinephrine for use in emergency anaphylaxis events that occur on school grounds. 5.02 For local school boards that elect to adopt such a policy, the school district shall meet the following requirements: 5.02(a) The school district must have a Standing Order and Protocol regarding the administration of emergency-use epinephrine. The Standing Order and Protocol shall include the dosage of epinephrine, indications for use, route of medication and follow-up procedures. Standing Orders must be renewed annually and with any change in prescriber. 5.02(b) Building level administrators in consultation with the School Nurse shall identify at least two employees who are “Designated School Personnel”. Schools with larger populations are encouraged to train additional staff as Designated School Personnel. 5.02(c) Training of Designated School Personnel must be conducted by a School Nurse or Healthcare Practitioner using a state approved course.

Training must include the components identified in section 3.02 of these rules and shall also include: defining anaphylaxis, recognizing symptoms of anaphylaxis, understanding standards and procedures for storage, the correct methods for administering epinephrine, and follow up procedures.

Such training and delegation are encouraged to be conducted on an annual basis 5.02(d) Delegation by the School Nurse or Healthcare Practitioner, in accordance with state legislation and rules concerning the practice, may only occur after Designated School Personnel have received the training described in Section 5.02(c). 6.00 Reporting Requirements 6.01 Schools must submit a report to the State School Nurse Consultant at the Department of Education within 10 days regarding any incident at the school or a school-related event involving a severe allergic reaction, the administration of emergency-use epinephrine, or both. Such report shall be on a form developed by the Department of Education. This reporting requirement applies to any nonpublic school that maintains a stock supply of emergency-use epinephrine and to all public schools, regardless of whether they maintain a stock supply of emergency-use epinephrine. 6.02 In school districts with a board-adopted policy allowing for the administration of stock emergency-use epinephrine, the School Nurse must report to the State School Nurse Consultant at the Department of Education whether training and delegation has occurred and, if so, the number of employees in the school or school district that have been trained and delegated to administer emergencyuse epinephrine. 7.00 Policy for Management of Student Possession and Administration of Prescription Medication A local school board of education shall adopt a policy for student possession and administration of prescription medication. A policy for management of student possession and administration of prescription medication shall address the following requirements. 7.01 The parent or legal guardian of a student for whom prescription medication is required shall notify the school’s administration or School Nurse of the student’s medical needs and that the student will be in possession of the medication. The policy may require the notification to include a Plan developed by the Healthcare Practitioner for any qualifying student or as deemed appropriate by the School Nurse or the school administrator in consultation with the School Nurse. 7.02 There shall be a process by which a School Nurse or school administrator, in consultation with the school nurse, with input from the prescribing Healthcare Practitioner, and parent or legal guardian, determine any restrictions for a student to possess and self-administer their medication. Factors to be considered in establishing any such restrictions include the age and/or maturity of the student, the degree of responsibility of the student, the type of medication, and whether the student’s possession or self-administration poses a significant risk of harm to the student or to other students. The School District may limit a student's ability to possess and carry medication in the event the student's possession of the medication becomes a disruption or danger to the student or learning environment. 7.03 If a prescription medication is carried for a life-threatening condition, the parent or legal guardian of the student shall provide a sufficient supply to be kept at the school and be accessible for emergencies. 7.04 A student shall carry only one day's dose of a prescription medication and the medication shall be kept in the original container with the prescription label that includes the student’s name, name of medication, dosage and the name of the prescribing Healthcare Practitioner. This restriction shall not apply to medication that is contained in a multi-dose device including but not limited to asthma inhaler or insulin pump. 7.05 A student shall not possess or self-administer controlled substances, including medical marijuana, as defined in section 27-80-203(7), C.R.S., on school grounds, on a school bus, or at any school sponsored event. Exceptions to the restriction against controlled substances, other than medical marijuana, may be determined by the school administrator and parents or legal guardian in consultation with the School Nurse. The sale or sharing of any drug or controlled substance may be grounds for suspension or expulsion according to section 22- 33-106(1)(d)(I), C.R.S. 7.06 There shall be a process for the storage, possession, and administration of medical marijuana in a nonsmokeable form to a student who holds a valid recommendation for medical marijuana upon the grounds of the preschool or primary or secondary school in which the student is enrolled. For purposes of this

rule, a public school shall treat a recommendation for a nonsmokeable form of medical marijuana from a licensed physician as medication that is prescribed by a licensed healthcare practitioner. 7.06(a) A primary caregiver may possess and administer to a student who holds a valid recommendation for medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. School personnel may volunteer to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form to any student with a valid recommendation for medical marijuana. The primary caregiver shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students. 7.06(b) Nothing in this section requires the school district staff to administer medical marijuana. 7.06(c) A school district board of education or charter school may adopt policies regarding who may act as a primary caregiver pursuant to section 7.06 and the reasonable parameters of the administration and use of medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. 7.06(d) This section 7.06 does not apply to a school district or charter school if: 7.06(d)(I) The school district or charter school loses or will lose federal funding as a result of implementing this section 7.06; 7.06(d)(II) The school district or charter school can demonstrate a reasonable, documented expectation of lost federal funding based on federal guidance or grant requirements directly as a result of implementing this section 7.06; and 7.06(d)(III) The school district or charter school posts on its website in a conspicuous place a statement regarding its decision not to comply with this section 7.06. 7.06(e) Student possession, use, distribution, or sale or being under the influence of a cannabinoid product inconsistent with this section 7.06 is not permitted. 7.06(f) Notwithstanding the provision of section 22-33-106 (1)(d)(II) C.R.S., a school district or charter school may not discipline a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as authorized by 22- 1-119.3, C.R.S. 7.06(g) A school district or charter school may not deny eligibility to attend school to a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as authorized by 22-1-119.3, C.R.S. 8.00 Requirements for the Administration of Medical Marijuana by School Personnel 8.01 [Expired 05/15/2020 per House Bill 20-1179] 8.01 Prior to the administration of the medical marijuana in a nonsmokeable form at school, the student’s parent or legal guardian shall complete and submit to the school the following documentation consistent with the local school board’s adopted policy under section 7 of these rules. 8.01(a) A written medical marijuana recommendation that includes the signature of one of the recommending physicians and the purpose, recommended dosage, frequency, length of time between dosages, and delivery route of the medical marijuana in a nonsmokeable form to be administered. Such recommendation shall be renewed by the recommending physicians on an annual basis; and 8.01(b) A written statement from the student’s parent or legal guardian releasing the school, and employees and volunteers of the school, from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan outlined in section 8.02(a). 8.02 Nothing in this section shall require any school personnel to possess or administer medical marijuana. 8.03 A school district board of education, a school administration, the Colorado Department of Education or the Colorado State Board of Education shall not discipline or retaliate against any school personnel who volunteers to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form pursuant to the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction.

Editor’s Notes

History Entire rule eff. 12/31/2009.

Entire rule eff. 04/30/2012.

Entire rule eff. 01/30/2014.

Entire rule eff. 03/02/2019.

Rules 7.00, 8.00 eff. 03/17/2022.

Rules 1.00-6.00 eff 07/16/2026 Annotations

Rule 8.01 (adopted 01/10/2019) was not extended by House Bill 20-1179 and therefore expired 05/15/2020.

1 CCR 301-69 Administration of Closing the Achievement Gap {#sec-1-ccr-301-69 omnilex-key=us-co-regs-official--department-4--1 CCR 301-69}

DEPARTMENT OF EDUCATION

Colorado State Board of Education ADMINISTRATION OF CLOSING THE ACHIEVEMENT GAP 1 CCR 301-69 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 227611-R-1.00 Statement of Basis and Purpose The statutory basis for these rules adopted January 12, 2006 is found in 22-2-106(1)(a) and (c), State Board duties; 22-2-107(1)(c), State Board powers; 22-7-611(5) C.R.S. Closing the Achievement Gap Program According to section 22-7-611, C.R.S., the State Board of Education shall determine the criteria by which eligible schools shall be selected to participate in the voluntary Closing the Achievement Gap Program and shall promulgate rules that set forth that criteria.

The State Board is promulgating the proposed amendments pursuant to SB09-256, 22-7-613 C.R.S., which creates a cash fund to support closing the achievement gap. 227611-R-1.01 Statement of Basis and Purpose The statutory basis for these rules is found in 22-2-106(1)(a) and (c), State Board duties; 22-2-107(1)(c), State Board powers; 22-7-611, Closing the Achievement Gap Program, C.R.S. The amendments to the rules are made in response to the Office of Legislative Legal Services’ observation that the State Board of Education should provide more specificity with regard to the criteria by which eligible schools shall be selected to participate in the voluntary Closing the Achievement Gap Program. 27611-R-2.00 Definitions 2.01 “Department” means the Department of Education created pursuant to section 24-1-115(A), C.R.S. 2.02 “State Board” means the State Board of Education created pursuant to Section 1, Article IX of the State Constitution. 2.03 “Eligible District” means a school district that has been identified by rule of the State Board as having a significant achievement gap. 2.04 “Eligible School” means a public school that has been identified by rule of the State Board as having a significant achievement gap. 2.05 “Poverty” means those students who are eligible to receive free or reduced-price lunch. 227611-R-3.00 Selection Criteria The following criteria shall be used to identify districts and schools that demonstrate a significant achievement gap and thus are eligible to submit an application for funds: 3.01 Of all the districts and schools in the state with gaps in achievement status on the Colorado Student Achievement Program (CSAP) between minority and non-minority groups and poverty and nonpoverty groups, the 10% of districts and schools with the highest gap, based on CSAP data from the previous 2 consecutive years; and 3.02 Of all the districts and schools in the state with gaps in growth percentiles for performance on the CSAP between minority and non-minority groups and poverty and non-poverty groups, the 10% of districts and schools with the highest growth gaps, based on CSAP growth model data from the previous 2 consecutive years. 3.03 The following criteria shall be utilized in determining which Eligible Districts and Eligible Schools shall be selected to participate in the program: 3.01(a) Consideration of quantitative achievement data, CSAP and formative data, which are disaggregated by race, socio-economic status (SES), and gender. Gap analyses, by subgroup, with an indication of those areas of greatest strength and need; 3.01(b) A description of the scope and range of achievement disparities, which include a clear presentation of the proposed intervention. 3.01(c) An identification of the root cause for performance disparity, broken out by subgroup, over which the school has control; 3.01(d) A rubric showing that the proposed plan is aligned with the district strategic plan, state expectations for academic content, and student achievement results, including annual goals and interim targets focused on closing the achievement gap; 3.01(e) Identification of specific assessments, using disaggregated assessment data results used in decision-making related to teacher training, and student achievement progress monitoring by subgroup; 3.01(f) Inclusion of culturally responsive practices integrated throughout the plan; 3.01(g) The time sequence of events must include major implementation activities with expected completion dates. 3.01(h) Professional development shall be considered. 3.01(i) A plan detailing the expenditure of grant funds, including a budget narrative linked to project goals and activities; 3.01(j) Demonstration that the proposed project budget is reasonable and sufficient in relation to objectives, design, and scope of project activities; and 3.01(k) Identification and description of formative assessment costs which are paid for by the district, the grant, or any other sources shall be included in the narrative and in the budget allocations. 227611-R-4.00 Timeline 4.01 The Department shall provide an outline of different strategies that the Eligible District or Eligible School may implement to improve academic achievement on the Department website, www.cde.state.co.us, by April 1 of the school year preceding the school year in which the Eligible District or Eligible School intends to participate in the program, with the exception of academic year 2009-10, when the outline of strategies will be posted on or before November 15, 2009. 4.02 The Eligible District or Eligible School shall provide to its district school board a list of strategies selected from the outline provided by the department that the Eligible District or Eligible School intends to implement to improve academic achievement by May 1 of the school year preceding the school year in which the Eligible District or Eligible School intends to participate in the program. 4.03 The district school board shall provide to the Department a list of strategies that the district school board and the Eligible District or Eligible School have chosen to implement to improve academic achievement by June 1 of the school year preceding the school year in which the Eligible District or Eligible School intends to participate in the program. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 03/02/2006.

Entire rule emer. rule eff. 11/12/2009.

Entire rule eff. 01/30/2010.

Entire rule eff. 03/02/2011.

1 CCR 301-70 RULES FOR THE ADMINISTRATION OF THE ACCESSIBLE EDUCATIONAL MATERIALS FOR STUDENTS WITH PRINT DISABILITIES GRANT PROGRAM [Repealed eff. 12/30/2020] {#sec-1-ccr-301-70 omnilex-key=us-co-regs-official--department-4--1 CCR 301-70}

DEPARTMENT OF EDUCATION

COLORADO STATE BOARD OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE ACCESSIBLE EDUCATIONAL MATERIALS FOR

STUDENTS WITH PRINT DISABILITIES GRANT PROGRAM - Repealed eff. 12/30/2020 1 CCR 301-70 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ C.R.S. 22-88-102, which authorized the Accessible Educational Materials for Students with Print Disabilities Grant Program, was repealed by the Colorado General Assembly in 2010. The corresponding rules in 1 CCR 301-70 have become obsolete and are being repealed by the Colorado State Board of Education. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 05/30/2007.

Entire rule repealed eff. 12/30/2020.

1 CCR 301-71 Rules for the Administration, Certification and Oversight of Colorado Online Programs {#sec-1-ccr-301-71 omnilex-key=us-co-regs-official--department-4--1 CCR 301-71}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION, CERTIFICATION AND OVERSIGHT OF COLORADO ONLINE

PROGRAMS

1 CCR 301-71 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose.

The statutory basis for these rules is found in sections 22-30.7-105(3)(b), 22-30.7-106(4), 22-30.7-106(5), and 22-30.7-106(6),C.R.S.

Pursuant to these statutes, the State Board of Education shall promulgate rules to achieve the following purposes, including but not limited to:

(a) Establishing quality standards for online programs;

(b) Promoting Online Program student participation in statewide assessments;

(c) Establishing criteria to be used by the Online Division in certifying Multi-District Online Programs;

(d) Establishing processes and timelines by which a prospective Authorizer may apply to the Online Division for certification of a Multi-District Online Program;

(e) Establishing an expedited procedure for the approval or denial of certification for Multi-District Online Programs that were operating as of January 1, 2007;

(f) Establishing a timeline by which an Authorizer of an online program shall submit a report to the Online Division;

(g) Establishing a process for responding to a corrective action notice resulting from an audit of annual reporting;

(h) Providing a process for notification to the State Board with recommendations for actions the State Board may take to address a situation of non-response to a corrective action notice; and (i) Establishing a process and timeline for continual review of the Multi-District Online Program after certification. 2.0 Definitions 2.1 “Authorizer” means an entity that authorizes an online program or online school. “Authorizer” shall include a school district, any group of two or more school districts, a board of cooperative services created pursuant to §22-5-104 C.R.S., or the state Charter School Institute established pursuant to §22-30.5-503, C.R.S. 2.2 This definition of “complete educational program” is applicable to all public school educational programs that derive their support, in whole or in part, from moneys raised by a general state, county, or School District tax. 2.2.1 “Complete Educational Program” means for the purposes of §22-32-109(2) C.R.S., only, a sequential k-12 program of instruction, managed and operated by a local school district, for the education of a child that is intended to qualify for per pupil revenues under the Public School Finance Act of 1994 and, for children under seventeen years of age, qualifies the child by his or her attendance to be in compliance with Colorado compulsory school attendance laws. 2.2.2 For purposes of §22-32-109(2) C.R.S., the term “Complete Educational Program” shall exclude an online education program as defined by rule 2.10 and which is not delivered in a Learning Center as defined in rule 2.06. 2.2.3 For purposes of §22-32-109(2) C.R.S., the term “Complete Educational Program” shall also exclude a Learning Center as defined by rule 2.06, which is operating in the district pursuant to an MOU negotiated with the district, or pursuant to an order of the State Board of Education under rule 10.07. 2.3 “Course Completion Requirements,” for the purposes of transcript recording and statistical enrollment reporting, means the student completion of a course based on meeting the Authorizer’s approved academic content work and testing requirements. 2.3.1 The course may be counted as having been completed when academic content work, as based upon authorizer accreditation curriculum standards, has been completed. 2.3.2 Any student counted as an enrollment for the pupil enrollment count date, as defined in

section 22-54-103 (10.5) (a), C.R.S., must be included in the course completion rate data. 2.3.3 For calculation purposes, any student who leaves the course within the first 25% of said course shall not be counted in course completion rates. 2.3.4 Mastery or passing a course is not a requirement of course completion, but mastery levels should be consistent with the Authorizer. 2.4 “Department” means the Department of Education created and existing pursuant to §24-1-115, C.R.S. 2.5 “Learning Center” means a facility in which a consistent group of students meets more often than once per week under the supervision of a Teacher or Mentor for a significant portion of a school day for the purpose of participating in an Online School or Program. A group of Parents and students meeting repeatedly, occasionally, and informally, even if facilitated by a school, shall not constitute a “Learning Center”, and a private home shall not be considered a “Learning Center” under any circumstances pursuant to §22-30.7-102 C.R.S. 2.5.1 For purposes of these rules, a “significant portion of the school day for the purpose of participating in an online program” means that students of the Learning Center must be actively participating in the curricula of the certified online program for more than fiftypercent of the school day. 2.5.2 A curriculum that is not part of the certified Online School or Program must be nonreligious and non- sectarian and may only be offered for less than fifty-percent of the school day. 2.5.3 In no event shall the parents or guardians of the students enrolled in the Online School or Program be required to pay tuition on behalf of such students for the Online School or Program at such Learning Center. 2.6 “Mentor” means an individual who is responsible for providing supervision at a Learning Center. A “Mentor” shall not be required to be a licensed Teacher but shall, at a minimum, satisfy the requirements specified for a paraprofessional as such requirements are described in the federal law “Every Student Succeeds Act”, 20 U.S.C. §6301 et seq. 2.7 “Multi-District Online School” means an Online School that serves a student population drawn from two or more school districts. 2.8 “Online Division” means the division of online learning created in the Department pursuant to §22- 30.7-103, C.R.S 2.9 “Online Program” means a full-time education program authorized pursuant to Title 22 of the Colorado Revised Statutes that delivers a sequential program of synchronous or asynchronous instruction directed by a teacher primarily through online digital learning strategies that provide students choice over time, place, and path, and teacher-guided modality of learning. “Online Program” does not include a supplemental program. Accountability for each student in an online program is attributed back to a designated school that houses the online program. An Online Program with one hundred or more students is an Online School and not an Online Program 2.10 “Online School” means a full-time, education school authorized pursuant to Title22 of the Colorado Revised Statutes that delivers a sequential program of synchronous or asynchronous instruction directed by a teacher primarily through online digital learning strategies that provide students choice over time, place, and path, and teacher- guided modality of learning. An Online School has an assigned school code and operates with its own administrator, a separate budget, and a complete instructional program. An Online School is responsible for fulfilling all reporting requirements and is held to state and federally mandated accountability processes. 2.11 “Parent” means a biological parent, adoptive parent, or legal guardian. 2.12 “Single-District Online Program” means an Online Program that serves only students who reside within a single school district. 2.13 “Standard MOU Form” means the standard Memorandum of Understanding Form adopted by the State Board pursuant to section §22-30.7-111 (5) C.R.S. 2.14 “State Board” means the State Board of Education created and existing pursuant to section 1 of

Article IX of the Colorado State Constitution. 2.15 “Supplemental Program” means a program that offers one or more online courses to students to augment an educational program provided by a school, school district, charter school, or board of cooperative services. 2.16 “Successor School” means an online school that is a replication, addition, division, or reorganization of an existing or previously authorized online school as determined by the criteria adopted by the Department. 2.17 “Teacher” means any person who holds a Teacher’s license issued pursuant to the provisions of

article 60.5 of Title 22, CRS and who is employed to instruct, direct, or supervise the instructional program, “Teacher” includes those persons employed by a charter school as a Teacher pursuant to a waiver granted to the charter school by the State Board pursuant to §22-30.5-105(3), C.R.S., or who are employed by a school district as a Teacher pursuant to a waiver granted to a school district pursuant to §22-2-117, C.R.S. 2.18 “Teacher-pupil contact and teacher-pupil instruction” means that time when a pupil is actively engaged in the educational process of a district. 2.18(1) Each local board of education shall define “educational process”. 3.0 Quality Standards for Online Schools and Programs. 3.1 In supporting and, evaluating Online Schools and Programs, and in certifying Multi-District Online Schools, the Online Division will provide guidance related to, and use the following Quality Standards. 3.2 Consistent with its Authorizer or school district, Online Schools and Programs shall meet or exceed the following quality standards in the administration of program and delivery of curriculum: 3.2.1 The Online School or Program involves representatives of the Online School or Program’s community, as well as staff, in a collaborative process to develop and communicate the Online School or Program's vision, mission, goals and results, in a manner appropriate to the online model for that school or program. The Online School or Program provides leadership, governance, and structure to support this vision and these supports are used by all staff to guide the decision-making. 3.2.2 The Online School or Program has, or has a plan and timeline in place to accomplish, the technological infrastructure capable of meeting the needs of students and staff, and of supporting teaching and learning. The Online School or Program uses a variety of technology tools and has a user-friendly interface. The Online School or Program meets industry accepted accessibility standards for interoperability and appropriate access for learners with special needs. Technological support structures and programs are in place to reduce barriers to learning for all students. 3.2.3 The Online School or Program has, and implements, a technology plan that includes (but is not limited to) documentation that all students and Parents know and understand acceptable use of the internet in accordance with all federal and state statutes. When providing direct services (for example, ISP, computer equipment or “at location”) to students, the Online School or Program will use filtering software to prevent access to inappropriate materials. 3.2.4 Online Schools and Programs must comply with all statutory requirements, including the existing budgetary reporting procedures under state law, as well as being consistent with the format required by the authorizing entity. Budgets and accounting records must be transparent, open to the public, and demonstrate support of student academic achievement. 3.2.5 Online School or Program demonstrates levels of attainment of statewide performance indicators that meet expectations established by the Department’s annual performance review as described in §22-11-210, C.R.S. 3.2.6 The Online School’s or Program’s Teachers use ongoing, research based formative and summative assessments to measure student academic performance. Students have varied opportunities to demonstrate mastery of skills, show academic progress, and receive meaningful feedback on their learning. 3.2.7 An Online School or Program has a policy regarding course completion. 3.2.8 An Online School or Program follows policies for tracking enrollment, attendance, participation, and truancy. The policy includes documentation of Teacher / student interaction. 3.2.9 The Online School or Program has a policy, and the infrastructure to store, retrieve, analyze and report, required student, Teacher, financial, and other required data collections. 3.2.10 The Online School or Program has a policy providing guidance counseling services as appropriate to grade level and student need. 3.2.11 The Online School or Program has a policy guiding school/home communication about student and program progress, program governance, and program accountability that is relevant, regular, and available in native language where reasonable. 3.2.12 Instructional strategies, practices, and content address various learning needs and styles of students. The Online School or Program uses a body of evidence to identify advanced, under- performing, economically disadvantaged, or other special needs students. The Online School or Program will work with its Authorizer to ensure that support structures and programs, including but not limited to, Title I, ESL, Special Ed., and Gifted and Talented, are integrated into the school’s instructional program to promote and support student learning. 3.2.13 The Online School or Program evaluates the degree to which it achieves the goals and objectives for student learning. There is a systematic process for collecting, disaggregating, managing, and analyzing data that enables the Online School’s or Program’s leadership, Teachers, Parents, students, community members and other stakeholders to determine areas of strength and challenge. The data collected are analyzed using a systems approach, and the analysis includes the use of the school performance reports required pursuant to §22-11-503, C.R.S 3.2.14 The Online School or Program shall ensure that background checks in accordance with law are performed on all volunteers and paid staff, including but not limited to Mentors, Teachers, Administrators, or any other persons in unsupervised contact with the student, except Parents supervising their children’s educational program. 4.0 Multi-District Online School Application Criteria 4.1 The Certification of the Online School does not constitute approval of operations for the Online School. The approval of the Online School is the responsibility of the Authorizer. The Online School may begin student instruction and operations only after approval by the Authorizer and receipt of certification from the Department. 4.2 The Authorizer of the Multi-District Online School must include in its application evidence of adequate resources and capacity to oversee the Online School, or evidence of a plan and timeline demonstrating that adequate resources and capacity for oversight of the Online School will be in place by the beginning of student instruction. Capacity will be determined based upon the following components: 4.2.1 Curriculum and instruction; 4.2.2 Use of software applications and technology; 4.2.3 Data gathering analysis and reporting; 4.2.4 Human resources management; 4.2.5 Financial management, facilities management, and risk management. 4.2.6 Other relevant public education administrative functions as submitted by the Multi-district Online School, to be reviewed as appropriate by the Unit of Online Learning of CDE. 4.3 The Authorizer, in its application, will document and verify an acceptable level of compliance by the Online School to the quality standards as listed in §3.02 of these rules. 4.3.1 For new Online Schools the Authorizer, in its application, will provide evidence of a plan and timeline that the quality standards will be met as listed in §3.02 of these rules. 4.4 The plan for operating and monitoring the Online School must be agreed to by the Authorizer and the principal, director, charter school governing board, or other chief administrator of the Multi- District Online School, and must be included with the application. The plan must include specific information on how the following items are addressed in the delivery of the Online School: 4.4.1 A statement of the Online School’s vision, mission and goals; 4.4.2 The organizational structure and governance of the Online School, including governing board and School policies and procedures, including procedures for public access to records; 4.4.3 Equitable access for all students, within the parameters for operating and monitoring the Multi-District Online School; 4.4.4 Guidance counseling services for all students enrolled in the Multi-District Online School in accordance with Authorizer policy; 4.4.5 Student academic credit policies consistent with the Authorizer; 4.4.6 Student achievement and attendance policies, including the monitoring of graduation and dropout rates as well as Course Completion rates pursuant to the policy referenced in §3.02.8 of these rules and the definition as defined in rule 2.04; 4.4.7 Student records policies and procedures consistent with the Authorizer pursuant to SB- 07-215; 4.4.8 Student admission and placement policies and procedures; 4.4.9 Staff development plans; 4.4.10 Student services including tutorial support consistent with the Authorizer; 4.4.11 Staff, student, and parent handbooks; 4.4.12 Employment and contractor policies and procedures; 4.4.13 Annual budgeting and finance practices; 4.4.14 Facility plans, including any contemplated physical sites; 4.4.15 Risk management, including school safety, staff policies, and background checks for all employees as required by law; 4.4.16 Data development analysis and reporting; and 4.4.17 Policies and procedures for facilitating communication between the Multi-District Online School, Parents, community, and school districts in which students that are enrolled in the Multi-District Online School reside. 4.5 The Authorizer will include in its application a list of the Learning Centers for which an MOU has been agreed upon by the local school district and the Online School, including the name, address, facility contact, and telephone number for each, and evidence of compliance by the Learning Center with section §2.06 of these rules. 4.6 During the application process for multi-district certification, the Online Division will determine whether the proposed multi-district online school is a new school or a successor school to a previously authorized multi-district online school. 4.7 If the Online Division determines that a proposed multi-district online school is a successor school during the application process or other internal processes, the Authorizer may appeal to the State Board within 30 days of receiving notice from the Online Division. 5.0 Procedure and Timeline for Multi-District Online School Certification by the State Board. 5.1 Authorizers must submit applications for certification of Multi-District Online Schools to the Online Division at the Department. 5.2 For Multi-District Online Schools intending to begin operations on or after the 2009-2010 school year, submissions will be reviewed twice a year, with submissions accepted no later than January 2nd and April 1st (or closest business day thereafter) of each year. A decision will be made based upon rubrics established by the Online Division. 5.3 The response will be given to the Authorizer within sixty days of January 2nd and April 1st (or closest business day thereafter) with detailed reasons for denial if applicable. 5.4 When an Authorizer seeks to authorize a currently operating multi-district online school that has been previously authorized by another Authorizer, the new Authorizer must apply to the Online Division for a new certification of the multi-district online school. 5.5 Online schools that have had grades or programs closed in whole or in part as a result of actions taken pursuant to §22-11-210 (5), C.R.S. and intend to re-open, or a current school that is deemed a successor school, must reapply to the Online Division for certification before continuing or beginning operations. 6.0 Procedure and Timeline for Submitting Annual Financial and Accounting Report 6.1 Pursuant to § 22-30.7-109.5, C.R.S., each Online School that is not a charter school shall submit to its Authorizer an annual financial and accounting report, which the Authorizer shall submit to the Department on or before December 31st of each year, or up to sixty days later, if an extension is requested pursuant to § 29-1-606 (4), C.R.S. Said report shall be submitted in accordance with 1 CCR 301-39, Amended Rules for Administration of Public School Finance, in

section 2254-R-7.00. 6.2 Online Schools that are charter schools and already submit the financial information required pursuant to § 22-30.5-112(7), C.R.S., may submit a single financial report to satisfy requirements of § 22-30.7-109.5, C.R.S. 7.0 Timeline and Procedure for the Amendment of a Certification of a Multi-District Online School 7.1 A Multi-District Online School shall notify its authorizer and the Online Division within the Department of any intent to amend the program’s application for certification to expand grade levels served by the program or school, 7.2 If the Department concludes that the Online School should not be permitted to amend its application for certification to expand grade levels served by the program or school, based on the Quality Standards for Online Schools and Programs outlined in section 3.02 of these rules, the Department shall notify the Authorizer of the Online School of its decision within thirty (30) days after receiving the notification from the Online School. The Authorizer shall then have thirty (30) days to appeal the Department’s decision to the State Board, pursuant to the State Board’s administrative policies. 8.0 Process for Documenting Students Enrolled in an Online Program or Online School 8.1 Pursuant to HB14-1382,a student participating in an Online program or Online school is subject to the compulsory attendance requirements as provided in article 33 of the Colorado Revised Statutes and is deemed to comply with the compulsory attendance requirements through participation in an online program or online school. Each online program and online school must document a student’s compliance with compulsory attendance requirements during the official count window. 8.01.1 For the 2015-16 school year and thereafter, Authorizers must adopt policies tracking student enrollment, attendance, and participation as set forth in §3.02.8 above and may document students’ attendance and participation in educational activities in a manner the Authorizer deems appropriate to support student learning. Acceptable forms of documentation include, but need not be limited to, assessment, orientation, and induction activities, in-person educational instruction; and synchronous and asynchronous internetbased educational activities. On a form provided by the Department, the Authorizer must provide Assurances to the Department of the Authorizer’s verification of the students’ attendance and participation in the Online Program or Online School. Beginning in the 2015-16 school year, authorizers of online schools or programs need to provide these assurances to the Colorado Department of Education no later than two weeks prior to the first day of the October count window. Once an authorizer has provided these assurances, the department will assume the authorizer plans to continue to use the policies identified in their assurance form. Annual submission is not required, however, resubmission to the department per the above timeline is required if/when the authorizer wishes to change their count policy. 8.2 Thereafter, the determination of full-time or part-time status is based upon the minimum number of hours provided for a student to receive instruction. Minimum hours can be based on the number of hours per day (or week) required to earn an equivalent number of credits in a traditional classroom setting. 8.3 The Online School or Program must have a calendar that reasonably aligns with the beginning date of the school year of the Authorizer that operates it or has been approved for an alternative calendar by the Authorizer and the Department. 8.4 A full time student must have a schedule that provides for a minimum of three hundred and sixty (360) hours of teacher-pupil instruction per semester to receive full-time funding. 8.5 A part time student must have a schedule that provides for a minimum of ninety (90) hours of teacher-pupil instruction per semester to receive part-time funding. 8.6 An Online School or Program must verify and document student residency in the State of Colorado upon enrollment and annually thereafter and retain a copy of the document or written statement offered as verification in the student’s mandatory permanent record. Colorado residency is determined by the student and Parent or legal guardian currently residing within the State of Colorado boundaries, except for students of military families pursuant to §8.06.5 of these rules. Reasonable evidence of residency may be established by documentation including, but not limited to, any of the following: 8.6.1 Property tax payment receipts; 8.6.2 Rent payment receipts; 8.6.3 Utility service payment receipts; or 8.6.4 Written Statement of Residency executed by the student's parent/guardian. The written statement of residency should follow §1-2-102(a) and (b) C.R.S. and may be satisfied by a statement such as: “I___________________, swear and affirm under penalty of perjury that I am a resident of the State of Colorado.” 8.6.5 A member or dependent of a member of the United States Armed Services shall be eligible to participate in an Online Program, notwithstanding the length of his or her residency, upon moving to Colorado on a change of station basis. 8.6.6 A member or dependent of a member of the United States Armed Services shall be eligible to participate in an Online Program, upon moving out of Colorado on a change of station basis as long as the member of the United States Armed Services qualifies for Colorado residency. 8.6.7 In order to meet residency requirements, a member or dependent of a member of the United States Armed Services must maintain Colorado as their state of legal residence for tax purposes, and voters must maintain Colorado voter registration. 9.0 (Reserved) 10.0 Notice and Right of Appeal for Refusal to Enter into an MOU agreement. 10.1 A school board may refuse to enter into a memorandum of understanding with a Multi-District School only on the following grounds: 10.1.1 If the Standard MOU Form provided by the Multi-District School failed to satisfy the requirements of §22-30.7-111(1)(b), C.R.S.; or 10.1.2 If the school board reasonably determines that the Multi-District School is contrary to the best interests of the pupils, parents, community, or school district. 10.2 The school district shall be required to state its reasons for determining that the Multi- District School is contrary to the best interests of the pupils, parents, community or school district. 10.3 If a school board refuses to enter into a memorandum of understanding for the operation of a Learning Center, it must provide the applicant with a detailed statement of refusal. The applicant may appeal the decision of the school board to the State Board by submitting a notice of appeal to the State Board within fourteen days after receipt of notice of the school board's decision. The applicant shall include a brief statement in the notice of appeal of the reason(s) it contends the school board’s denial was in error. The appeal will proceed in accordance with the scheduling order to be issued by the Department on behalf of the State Board. 10.4 Pursuant to the timeline set forth by the State Board order, 1. The applicant shall submit a brief in support of the appeal to the State Board and the school board shall submit a brief in opposition to the appeal.

2. The applicant may submit a reply brief to the State Board after the school board submits its brief in opposition to the appeal.

3. The State Board, in its sole discretion, may request an oral presentation on the matter. 10.5 Within forty-five days after receipt of the notice of appeal by the State Board, and after reasonable public notice, the State Board shall review the decision of the local board of education and make its findings. The State Board’s review of the decision shall be without a hearing; except that the State Board may, in its discretion, choose to request oral presentations from the parties. 10.6 If the State Board finds that the local board's decision was contrary to the best interests of the pupils, parents, community, or school district, the State Board shall issue an order directing the school district to enter into a final memorandum of understanding with the Multi-District Online School regarding the placement of one or more Learning Centers within the school district and to use the Standard MOU Form provided pursuant to §22-30.7-111 C.R.S. 10.7 The Memorandum of Understanding must be entered into by the District within thirty days after receipt of the State Board’s order. 10.8 If the State Board finds that the local board's decision was in the best interest of the pupils, parents, community, or school district, the State Board will issue a notice to uphold the decision of the local board. 10.9 The decision of the State Board shall be final and not subject to further agency appeal. 10.10 For each new Learning Center operated by the Multi-District Online School, within thirty days of acceptance, the Authorizer or Online School will submit to the Online Division the name, address, facility contact, and telephone number and evidence of compliance by the Learning Center with 2.05of these rules. _________________________________________________________________________

Editor's Notes

History Entire rule emer. rule eff. 03/06/2008.

Entire rule eff. 04/30/2008.

Entire rule eff. 03/01/2012.

Rules 1.0, 2.03.2, 2.09-2.16, 8.01 eff. 12/30/2012.

Rules 1.0, 2.09, 2.10, 3.02.9, 6.01, 8.0-9.0 emer. rules eff. 08/13/2014; expired 12/11/2014.

Entire rule eff. 01/15/2015.

Rules 1.0, 2.01, 7.01, 7.02 eff. 01/30/2017.

Rules 1.0, 2.06, 2.16-2.18, 3.02.2-3.02.14, 4.06, 4.07, 5.04, 5.05, 8.01.1, 10.02-10.10 eff. 01/15/2020.

Entire rule eff. 06/30/2024.

Annotations

Rule 3.02.2 (adopted 06/03/2010) was not extended by Senate Bill 11-078 and therefore expired 05/15/2011.

1 CCR 301-72 Rules for the Longitudinal Analysis of Student Assessments {#sec-1-ccr-301-72 omnilex-key=us-co-regs-official--department-4--1 CCR 301-72}

COLORADO DEPARTMENT OF EDUCATION

RULES FOR THE LONGITUDINAL ANALYSIS OF STUDENT ASSESSMENTS

1 CCR 301-72 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 Statement of Basis and Purpose.

The statutory basis for these rules is found in section 22-2-107(1)(c) and section 22-11-202(1), C.R.S.

Section 22-11-202(1), C.R.S., requires the state board of education to adopt by rule a student longitudinal academic growth model. 2.00 Definitions. 2.00 (1) Department.

“Department” means the Colorado Department of Education created and existing pursuant to § 24-1-115, C.R.S. 2.00 (2) State Board.

“State Board” means the State Board of Education created pursuant to Section 1 of Article IX of the State Constitution. 2.00 (3) Statewide Assessments.

“Statewide Assessments” means the assessments administered pursuant to section 22-7-1006.3, C.R.S. 2.00 (4) Academic Peers.

“Academic Peers” are all students in the same grade being tested in the same subject and having a similar statewide assessment score history in that subject prior to the current year. 2.00 (5) Quantile Regression.

“Quantile Regression” is a statistical regression procedure where various quantiles are predicted from an existing set of data rather than predicting the mean response as in typical regression procedures. 2.00 (6) Student Growth Percentile.

A “Student Growth Percentile” is the position of a student’s current statewide assessment scale score relative to academic peers. The student growth percentile provides a measure of academic growth (i.e., relative position change) where students who have similar academic score histories provide a baseline for understanding each student’s progress. 3.00 Implementation Procedures. 3.00 (1) Longitudinal Growth Model 3.00 (1) (a) The longitudinal model to be used in the State of Colorado for the analysis of student academic growth will utilize a Quantile Regression technique to estimate Student Growth Percentiles for each student in the state who completes at least two successive Statewide Assessments in at least one academic subject. The individual Student Growth Percentiles estimated through use of a Quantile Regression technique will be used to identify how much growth a student has made in relation to his or her Academic Peers in the state of Colorado and to identify which students are making adequate academic growth. Medians of the individual Student Growth Percentiles will be computed for schools based on all students for whom qualified scale scores are available as defined by the Department. The median Student Growth Percentiles computed for each school will serve as the indicators of student growth associated with specific schools. Median Student Growth Percentiles will also be computed for each school district and will serve as the indicators of student growth associated with specific school districts. 3.00 (1) (b) By August 15th (fifteenth) of each school year, the Department will report to each school district in the state and each charter school in the state a median growth percentile for each school by subject, grade, performance level, and student group. CDE shall also report median growth percentiles in a manner that relates them to school achievement levels. 3.00 (2) Defining Low, Typical and High Student Growth 3.00 (2) (a) The 50th (fiftieth) Student Growth Percentile will be defined as typical student growth in any given year. Due to measurement imprecision inherent in the Statewide Assessments and uncertainty introduced when utilizing statistical models, Student Growth Percentiles will not provide perfect measures of student growth. A margin of error, to be determined by the Department and subject to change over time, will be added and subtracted from the 50th (fiftieth) growth percentile to arrive at a range of Student Growth Percentiles that are statistically indistinguishable from the 50th (fiftieth) Student Growth Percentile. The margin of error is to be initially set at 15 (fifteen) percentile points such that students for whom Student Growth Percentiles are at or between the 35th (thirty-fifth) and 65th (sixty-fifth) percentile will be considered to have made typical growth 3.00 (2) (b) Growth below the margin of error below the 50th Percentile shall be considered Low growth and growth above the margin of error above the 50th Percentile shall be considered High growth. 3.00 (2) (c) By August 15th (fifteenth), or as soon as practicable, of each school year, the Department will report to each school district in the state and the Charter School Institute (Institute) the individual student growth percentiles for each student and which students enrolled in schools authorized by the school district or Institute made low growth, typical growth, and high growth. 3.00 (3) Identification of Students Making Adequate Academic Growth 3.00 (3) (a) The definition of adequate academic growth is dependent upon the current scale score of individual students. Adequate academic growth is defined as a growth rate within a subject area sufficient for a student to reach the next incremental target toward proficiency within or maintain grade level proficiency throughout a timeframe designated by the Department. 3.00 (3) (b) By November 1st, or as soon as practicable, of each school year, the Department will report to each school district and the Institute the individual Student Growth Percentiles for each student enrolled in a school authorized by the school district or Institute, which of those students did make adequate academic growth and which of those students did not, and the amount of growth needed for each student to attain his or her designated incremental target or maintain grade level proficiency within the timeframe designated by the Department. Descriptors of the amount of growth needed shall include the categories of Low, Typical, High, and the actual growth percentile needed. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 03/06/2008.

Entire rule eff. 04/30/2008.

Entire rule eff. 07/30/2019.

1 CCR 301-73 Rules for the Administration of the Supplemental Online Education Grant {#sec-1-ccr-301-73 omnilex-key=us-co-regs-official--department-4--1 CCR 301-73}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE SUPPLEMENTAL ONLINE EDUCATION GRANT 1 CCR 301-73 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose.

The statutory basis for these rules is found in § 22-2-130 C.R.S.; generally, and specifically subsections (4) and (5) and; § 22-2-107(1)(c) C.R.S § 22-2-130 C.R.S., requires the State Board of Education to promulgate rules specifying the procedures and time frames for applying for a grant, the form of the grant application, the information to be provided by the applicant, and any criteria for awarding grants that are in addition to those specified in § 22-2- 130(6)(b). 2.0 Definitions 2.01 "BOCES" means a Board of Cooperative Educational Services created pursuant to § 22-5-101 C.R.S. et seq., all member school districts of which are eligible school districts. 2.02 "Eligible Charter School" means: 2.02.1 A charter school that is authorized by an eligible school district pursuant to § 22-30.5-101 C.R.S. and that does not operate an on-line program; or 2.02.2 An institute charter school that is authorized pursuant to § 22-30.5-501, C.R.S. et seq. that enrolls fewer than three thousand students, as determined by the institute charter school's pupil enrollment certified by the state charter school institute on behalf of the institute charter school to the state board pursuant to section § 22-30.5-513 (3) (a), C.R.S. and that does not operate an on-line program. 2.03 "Department" means the Department of Education created and existing pursuant to § 24-1-115, C.R.S. 2.04 "Eligible School District" means a school district that does not export an on-line program to students receiving the program at a location outside of the school district's geographic boundaries and that enrolls fewer than three thousand students, as determined by the school district's pupil enrollment certified to the state board pursuant to section 22-54-112. 2.05 "Grant Program" means the supplemental on-line education grant program. 2.06 "Provider" means an entity that sells Supplemental Online Education Courses that are taught by employees of the provider who are teachers licensed in Colorado pursuant to § 22-60.5-101 C.R.S. et seq. 2.07 "Supplemental Online Education Course" means an online education course that is: 2.07.1 Taught by a teacher who is licensed pursuant to § 22-60.5-101 C.R.S. et seq.; 2.07.2 Delivered via an internet format to one or more students at a location that is remote from the delivery point; and 2.07.3 Purchased by an Eligible School District, Eligible Charter School, or BOCES from a Provider to augment the education program provided by the eligible school district, eligible charter school, or BOCES. 3.0 Implementation Procedures 3.01 Criteria to determine Eligible School Districts and Eligible Charter Schools shall be limited to: (a) those Eligible School Districts and Eligible Charter Schools that do not export an on-line program to students receiving the program at a location outside of the school district's geographic boundaries; and (b) those Eligible School Districts and Eligible Charter Schools that enroll fewer than three thousand students, as determined by pupil enrollment. 3.02 The Department will be the responsible agency for implementing the Supplemental Online Education Grant. The Department will develop a Request for Proposal (“RFP” ), pursuant to the Department’s RFP process and pursuant to the requirements found in § 22-2-130 C.R.S. 3.03 The RFP must include evidence that the proposed program will support the removing of financial and technical barriers to provide Supplemental Online Education Courses and will be used for one or more of the following purposes: 3.03.1 As additional reimbursement for the cost of purchasing Supplemental Online Education Courses; or 3.03.2 To increase ability to access Supplemental Online Education Courses by: 3.03.2.1 Providing technical equipment or hiring technical specialists to audit and configure computer networks; 3.03.2.2 Providing staff development and training for onsite personnel; or 3.03.2.3 Providing financial assistance to help hire site coordinators or other personnel needed to facilitate online access. 3.04 The selection of grant recipients will give priority to Eligible School Districts and Eligible Charter Schools that have not been financially or technologically able to provide Supplemental Online Education Courses and that can demonstrate need in the RFP proposal. 3.05 Additional consideration will be given in the RFP process to those Eligible School Districts and Eligible Charter Schools where: 3.05.1 It can be demonstrated that barriers prevent the offering of courses to students in order to meet the higher education admission standards as adopted by the Colorado Commission on Higher Education and that Supplemental Online Education Courses can assist in eliminating those barriers. 3.05.2 There are limited additional revenue sources available to assist in overcoming the financial and technological barriers to providing supplemental online education courses. 3.06 Grants awarded through RFP review and approval will not exceed five thousand dollars in a fiscal year. Recipients may receive grants in consecutive years only if recipient re-applies and is approved through the RFP procedure. 3.07 For projects beginning before June 30, 2008, RFP’s must be submitted no later than May 1, 2008.

All funds for these approved projects must be expended prior to June 30, 2008. Grants awarded before June 30, 2008 may be used for reimbursement of eligible expenditures from the 2007- 2008 school year with appropriate documentation as required in section 3.10 of these rules. 3.08 For projects beginning after June 30, 2008 and each year thereafter, RFP’s must be submitted no later than August 1 and January 2 (or closest business day following) each year thereafter. All funds must be expended prior to June 30 of the following year. 3.09 The responses to the RFP shall be reviewed within thirty days of the application and applicants shall be notified of their acceptance or denial. 3.10 Each Eligible School District or Eligible Charter School participating in the program must submit an annual report to CDE no later than August 1 of each year following the completion of the grant program and shall include the following information: 3.10.1 The number of students from the Eligible School District or Eligible Charter School whose tuitions were funded by the grant program with applicable course titles for each student. 3.10.2 The number of students who completed the courses funded by the grant. 3.10.3 Photocopy of receipts for any eligible expenditure pursuant to section 3.03 that was supported by the grant program. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 03/06/2008.

Entire rule eff. 05/30/2008.

1 CCR 301-74 Rules for the Administration of the School Counselor Corps Grant Program {#sec-1-ccr-301-74 omnilex-key=us-co-regs-official--department-4--1 CCR 301-74}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE SCHOOL COUNSELOR CORPS GRANT PROGRAM

1 CCR 301-74 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority: Article IX, Section 1, Colorado Constitution. 22-2-106(1)(a) and (c); 22-2-107(1)(c); 22-7- 409(1.5); 22-91-101 et seq. of the Colorado Revised Statutes (C.R.S.). 1.00 Statement of Basis and Purpose.

The School Counselor Corps Grant Program, sections 22-91-101 through 22-91-105, C.R.S., requires the State Board of Education to promulgate rules for implementation of the Program, as further described in

section 22-91-103(2), C.R.S. 2.00 Definitions. 2.00(1) Advisory Board: The Colorado School Counselor Corps Advisory Board created in section 22-91- 104.5, C.R.S., which provides recommendations to the Department for the Program. 2.00(2) Department: The Department of Education created pursuant to section 24-1-115, C.R.S. 2.00(3) Education Provider: A school district, a board of cooperative services, a charter school authorized by a school district pursuant to Part 1 of Article 30.5 of Title 22 C.R.S., or a charter school authorized by the State Charter School Institute pursuant to Part 5 of Article 30.5 of Title 22, C.R.S. 2.00(4) Postsecondary Service Provider: An independent agency whose primary purpose is to provide career and college preparatory services to students. 2.00(5) Program: The School Counselor Corps Grant Program created in section 22-91-103, C.R.S. 2.00(6) Recipient School: A school at which an Education Provider will use moneys received from the Program to either increase the number of School Counselors or otherwise raise the level of school counseling provided. 2.00(7) School Counselor: A person who holds a special services provider license with a School Counselor endorsement issue pursuant to Article 60.5 of Title 22 or who is otherwise endorsed or accredited by a national association to provide school counseling services. This includes a person who holds a special services intern authorization pursuant to section 22-60.5-111(3), C.R.S. 2.00(8) State Board: The State Board of Education created pursuant to Section 1, Article IX of the State Constitution. 2.01 Implementation Procedures. 2.01(1) Application Timeline. The Department will determine on an annual basis if resources may be available to fund a new cohort for the Program and hold a grant funding competition accordingly.

Applications will be due to the Department on behalf of the Advisory Board as determined by the funding cycle. The Department will notify grant recipients of funding no later than July 1 of each funding cycle, subject to available appropriations. 2.01(2) Application Procedures. The Department will be the responsible agency for implementing the Program. The Department will develop a Request for Proposal (RFP), pursuant to the Department’s RFP process and pursuant to the requirements and timelines found in sections 22- 91-104, C.R.S. Each grant application, at a minimum, must specify: 2.01(2)(a) How receipt of the grant will affect the culture of postsecondary planning at the applicant Education Provider, and a vision for how the grant will transform the postsecondary expectations and options of students served; 2.01(2)(b) The intended Recipient Schools, the number of professional School Counselors employed by the Education Provider prior to receipt of a grant, and the ratio of students to School Counselors in the schools operated by or receiving services from the Education Provider; 2.01(2)(c) Whether the Education Provider has agreed to use state guidelines and standards to implement a comprehensive counseling model for School Counselor responsibilities as specified by the Department to include a time and effort assessment, postsecondary workforce ready programming, social emotional counseling work, and career and academic planning; 2.01(2)(d) Utilization of state models for accountability; 2.01(2)(e) The extent to which the Education Provider has developed and/or plans to develop partnerships, which may include but need not be limited to institutions of higher education or Postsecondary Service Providers, to support and increase the capacity and effectiveness of the school counseling and postsecondary preparation services provided to students enrolled in or receiving educational services from the Education Provider; 2.01(2)(f) The Education Provider’s plan for use of the grant moneys, including the extent to which the grant moneys will be used to increase the number of School Counselors at Recipient Schools and to provide professional development for a team of School Counselors and professional development to enable other faculty members and administrators to provide school counseling and postsecondary preparation services at Recipient Schools; 2.01(2)(g) The Education Provider’s plan for involving leaders at the Recipient Schools and in the surrounding community and the faculty at Recipient Schools in increasing the capacity and effectiveness of the school counseling and postsecondary preparation services provided to students enrolled in or receiving educational services from the Education Provider; 2.01(2)(h) The extent to which the Education Provider has developed or plans to develop partnerships, whether within the school district, with external education agencies and/or community and/or business/workforce partners, to serve the postsecondary needs for every student enrolled in or receiving educational services from the Education Provider; 2.01(2)(i) The extent to which the Education Provider has implemented or plans to implement individual career and academic plans for students; 2.01(2)(j) The Education Provider’s use of district-level, or school-level if the Education Provider is a charter school, needs assessments that use data to (1) identify challenging issues in the district or school in terms of student learning and success and barriers to learning, and (2) identify programs, strategies, or services delivered by the Education Provider to students that have helped to increase graduation rates and the level of postsecondary success among graduates, and (3) identify the strategies that will be used by the Education Provider to address the challenges identified in this self assessment and to strengthen, expand, or improve existing programs to improve graduation rates and post-secondary enrollment and success rates; 2.01(2)(k) The attendance, grade-retention and promotion, and grading policies implemented by the Education Provider, including an analysis of how the schools’ and districts’ current policies and practices in these areas contribute to success or act as obstacles to students graduating from high school, as well as a description of a plan for how these policies and practices will be improved or modified to increase the graduation rate, as well as college-going and college-success rates of high school students; 2.01(2)(l) Whether the Education Provider intends to provide matching funds to augment any grant moneys received from the Program and the anticipated amount and source of any matching funds; 2.01(2)(m) The Education Provider’s plan for continuing to fund the increases in school counseling services following expiration of the grant; and 2.01(2)(n) The Education Provider’s plan for using data over time to (1) demonstrate outcomes and (2) revise and improve programs, policies, and practices to improve outcomes. 2.01(3) Application Review Criteria. In reviewing applications and making recommendations, the Advisory Board will make recommendations to the Department and State Board as to whether or not a grant shall be awarded to the Education Provider and the recommended amount of the grant, and shall consider the following criteria, as applicable: 2.01(3)(a) The dropout rate at the intended Recipient School or Schools and, if the Education Provider is a school district, at all of the schools within the school district.

Priority will be given to Education Providers that intend to use the grant moneys to assist schools at which the dropout rate exceeds the statewide average; 2.01(3)(b) The remediation rate at the intended Recipient School or Schools, at which remediation rates exceed the statewide average; 2.01(3)(c) The percentage of students enrolled in the intended Recipient School or Schools who are eligible for free or reduced-cost lunch or considered at-risk students. Priority will be given to Education Providers that identify intended Recipient Schools with a high percentage of said students; 2.01(3)(d) The percentage of students enrolled in the intended Recipient School or Schools, and if the Education Provider is a school district, in the school district, who graduate and enroll in postsecondary education within two years after graduating from high school; 2.01(3)(e) The number of students enrolled in the school, and if the Education Provider is a school district, in the school district, who are considered first-generation college students as defined in section 22-91-102 (2.5), C.R.S.; 2.01(3)(f) Whether the Education Provider has adopted, or has demonstrated a commitment to adopting, state guidelines and standards for School Counselor responsibilities that meet or exceed those recommended by the Department; 2.01(3)(g) Assurance that the Education Provider shall use the grant funding to increase the level of funding the Education Provider allocated to school-based counseling prior to receiving the grant and not to replace other funding sources allocated to school-based counseling; 2.01(3)(h) The student-to-counselor ratios at Recipient Schools; 2.01(3)(i) The overall quality of the plan, including but not limited to the quality of professional development, the quality of partnerships, how the ratio of students to counselors will be impacted, school-wide involvement in postsecondary and workforce readiness preparation, and the quality of the role of the School Counselor; 2.01(3)(j) Consideration of the geographic location of the Education Provider in providing preference to underserved areas of the state; and 2.01(3)(k) The likelihood that the Education Provider will continue to fund the increases in the level of school counseling services following expiration of the grant. 2.01(4) Professional Development. The Department shall provide support to the Recipient Schools to train principals on the most effective use of the Program. 2.01(5) Creation of Advisory Board. The Advisory Board will be created within the Department. The Department shall consult with experts in the area of school counseling, including but not limited to School Counselors, persons who provide education and professional development in the areas of school counseling and career counseling, Postsecondary Service Providers, and higher education admissions officers, in establishing any additional criteria for awarding grants and in reviewing applications and selecting grant recipients. 2.01(5)(a) The Department will establish guidelines for the Advisory Board to include the duties, membership, and responsibilities of the Advisory Board. 2.01(5)(b) The Advisory Board may include members who represent the Department, Higher Education, Labor and Employment, Community Colleges, school districts, or individuals with expertise in elementary, middle, and high school counseling; student retention; counselor education; career and technical education; student support services; career planning; pre-collegiate services and college admissions; or mental health and suicide prevention. 2.01(6) Duration and Amount of Grant Awards. Subject to available appropriations, the State Board shall award grants to applying Education Providers pursuant to section 22-91-104, C.R.S. The State Board shall base the grant awards on the Department’s recommendations. Each grant shall have a term of four years. In making the award, the State Board shall specify the amount of each grant. 2.01(7) Reporting. Each Education Provider that receives a grant through the Program shall report the following information to the Department each year during the term of the grant: 2.01(7)(a) The number of School Counselors hired using grant moneys; 2.01(7)(b) Any professional development programs provided using grant moneys; 2.01(7)(c) Any other services provided using grant moneys; 2.01(7)(d) The impact of school counseling on student achievement, attendance rates, and student behavior; 2.01(7)(e) A comparison of the dropout rates, postsecondary and workforce readiness rates, and the college matriculation and remediation rates, if applicable, at the Recipient Schools for the years prior to the receipt of the grant and the years for which the Education Provider receives the grant; and 2.01(7)(f) Information indicating an increase in the level of postsecondary preparation services provided to students at Recipient Schools, such as the use of individual career and academic plans or enrollment in pre-collegiate preparation programs or postsecondary or vocational preparation programs. 2.01(8) Evaluation of Program. On or before May 15, 2011, and on or before May 15 each year thereafter, the Department shall submit to the State Board of Education and to the education committees of the Senate and the House of Representatives, or any successor committees, a report that, at a minimum, summarizes the information received by the Department pursuant to subsection (1) of 22-91-105, C.R.S. The Department shall also post the report to its website. 2.01(8)(a) The Department shall work with the Department of Higher Education to obtain information necessary for the report submitted by the Department pursuant to subsection (2) of 22-91-105, C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 06/11/2008; expired 09/04/2008.

Entire rule eff. 09/30/2008.

Entire rule eff. 10/30/2014.

Rules 1.00, 2.00(6), 2.00(8), 2.00(9), 2.01(2)-2.01(4), 2.01(6)(e) eff. 12/30/2017.

Rules 1.00, 2.00(7) eff. 03/02/2019.

1 CCR 301-75 RULES RELATED TO THE ADMINISTRATION OF ACADEMIC PERFORMANCE RATING [Repealed eff. 04/30/2010] {#sec-1-ccr-301-75 omnilex-key=us-co-regs-official--department-4--1 CCR 301-75}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF ACADEMIC PERFORMANCE RATING – Repealed eff. 04/30/2010 1 CCR 301-75 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ The Education Accountability Act of 2009 (article 11 of title 22) repealed the section of law, § 22-7-604, C.R.S., authorizing the Department to assign academic performance ratings to school based on the “CSAP penalty” and weighted index. The Rules for the Administration of Academic Performance Rating (1 CCR 301-75) are no longer authorized by law and must be repealed. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/31/2008.

Entire rule repealed eff. 04/30/2010.

1 CCR 301-76 Rules Related to the Development Expansion Implementation and Management of the Regional Service Areas {#sec-1-ccr-301-76 omnilex-key=us-co-regs-official--department-4--1 CCR 301-76}

DEPARTMENT OF EDUCATION

RULES FOR THE DEVELOPMENT, EXPANSION, IMPLEMENTATION, AND MANAGEMENT OF THE

REGIONAL SERVICE AREAS

1 CCR 301-76 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority: Article IX, Section 1, Colorado Constitution. 22-2-106(1)(a) and (c); 22-2-107(1)(c); 22-7- 409(1.5); and Article 5.5 of Title 22 of the Colorado Revised Statutes (C.R.S.). 1.00 Statement of Basis and Purpose.

The statutory basis for these rules is found in 22-2-106(1)(a) and (c), State Board Duties; 22-2-107(1)(c), State Board Powers; and Article 5.5 of Title 22, Regional Service Areas Act, C.R.S.

The Regional Service Area Act, Article 5.5 of Title 22, C.R.S., requires the State Board of Education to promulgate rules pursuant to the “State Administrative Procedure Act”, Article 4 of Title 24, C.R.S., for the development, expansion, implementation, and management of the regional service areas.

Revisions to section 2.02 (3) of these rules are made to incorporate new statutory requirements established by H.B. 12-1090 (concerning the annual count date for establishing total pupil enrollment of each public school) in section 22-54-103 (10.5) (a), C.R.S. 2.0 Definitions. 2.00(1) Administrative Unit: A school district, a Board of Cooperative Services, a multi-district administrative unit, a charter school network, a charter school collaborative, or the state charter school institute, that is providing educational services to exceptional children and that is responsible for the local administration of Article 20 of Title 22 of the Colorado Revised Statutes. 2.00(2) Board: The Board of Education of a school district. 2.00(3) Board of Cooperative Services or BOCES: A Board of Cooperative Services created and operating pursuant to Article 5 of Title 22. 2.00(4) Department: The Department of Education created and exists pursuant to section 24-1-115, C.R.S. 2.00(5) Postsecondary Institution: A community or technical college, a junior college, or a state-supported institution of higher education. 2.00(6) Regional Service Area: One of twelve regional service areas created pursuant to section 22-5.5- 104, C.R.S. 2.00(7) Regional Service Council: The governing body of a regional service area plan, which governing body is established pursuant to section 22-5.5-105, C.R.S. 2.00(8) School District: A school district existing pursuant to law. 2.00(9) State Board: The State Board of Education created and exists pursuant to Section 1 of Article IX of the State Constitution. 2.1 Regional Service Areas Development and Expansion Procedures.

On or before December 1, 2008, the State Board, in consultation with the Department, school districts, and boards of cooperative services, shall divide the state into twelve regional service areas throughout the state. Each regional service area shall consist of at least two school districts and one or more boards of cooperative services. 2.01(1) Regional Service Areas Organization. Following the creation of the twelve regional service areas by the State Board, but on or before June 30, 2009, individuals in a regional service area may organize a regional service area. Participants in a regional service area may include, but need not be limited to, representatives from school districts, boards of cooperative services, administrative units, early childhood councils, postsecondary institutions, business and industry, other education agencies in the regional service area, teachers, and parents. A regional service area plan shall be governed by no more than one regional service council. 2.01(1)(a) Participation by school districts or boards of cooperative services in a regional service area is voluntary. 2.01(1)(b) Participation in a regional service area will not divide an existing BOCES. 2.01(1)(c) All school districts in a region are contiguous and take into account geographic barriers and distance (e.g., mountain passes). 2.01(2) [Expired 05/15/2024 per House Bill 24-1227] 2.01(3) Regional Service Areas Funding Plan. To receive funding, the regional service council on behalf of each regional service area shall submit a plan to the State Board for approval, as a prerequisite to the receipt of state moneys, on or before June 30, 2009. On or before August 1, 2009, the State Board shall notify each regional service council that submitted a plan for a regional service area of its approval or rejection. The plan shall address the needs of large and small school districts within the regional service area and focus on increasing effectiveness and efficiencies in providing education and services throughout the region. The plan shall include, at a minimum: 2.01(3)(a) A list of representatives from various educational agencies and business and industry in the regional service area; 2.01(3)(b) A description of how the regional service area intends to use and develop state, regional, and local expertise; 2.01(3)(c) An outline of available funding sources, including local and regional contributions, federal moneys, and any available state resources; 2.01(3)(d) A description of how the agencies within the regional service area will coordinate and collaborate to enhance effectiveness and efficiencies among and between regional service areas; 2.01(3)(e) A strategy to address the needs of participating school districts within the regional service area; 2.01(3)(f) A budget outlining projected expenditures by the regional service area; and 2.01(3)(g) Accountability criteria associated with the plan, including but not limited to: 2.01(3)(g)(I) Evaluation of alignment with established state priorities; 2.01(3)(g)(II) Rationale for selection of priorities based upon regional needs assessment data; 2.01(3)(g)(III) Goals that are specific, measurable, achievable, and realistic, all within an established timeframe; 2.01(3)(g)(IV) Specific outcomes demonstrated with effectiveness and efficiencies; 2.01(3)(g)(V) An evaluation process and criteria; and 2.01(3)(g)(VI) Budget alignment with priorities and activities. 2.2 Implementation Procedures. 2.02(1) Development Grant. On or before June 30, 2009, a regional service council may apply to the State Board on behalf of a regional service area for a one-time grant of up to ten thousand dollars for direct reimbursement of expenses related to the development of the plan for the regional service area. The State Board shall provide an applying regional service council with the one-time grant for reimbursement of expenses related to the development of the plan no later than thirty days following the submission of the grant application. 2.02(2) Regional Service Area Grant. If the plan for a regional service area is approved by the State Board pursuant to section 22-5.5-105, C.R.S., on or after July 1, 2009, and annually thereafter, the State Board shall award to the regional service area a grant of up to fifty thousand dollars, subject to available appropriations by the general assembly. If available moneys are insufficient to award each eligible regional service area a full fifty-thousand-dollar grant, the state board shall reduce proportionately all grant awards for eligible regional service areas for that year. A regional service council may choose not to accept funding on behalf of the regional service area if the prorated amount is insufficient to allow the regional service area to function effectively. 2.02(3) Per-Pupil Allocation. In addition to the Development and Regional Service Area Grants, on or after July 1, 2009, and annually thereafter, the Department shall, subject to available appropriation, allocate to each eligible regional service area an amount equal to up to fifty cents per pupil based on the pupil enrollment for each school district in the regional service area as of the pupil enrollment count date, defined in section 22-54-103 (10.5) (a), C.R.S., of the previous year. 2.02(4) Continued Funding. Funding for a regional service area after the first grant is contingent upon the successful implementation of the regional service area’s plan, as evaluated by the State Board and the Department. The State Board shall annually notify each regional service council on or before August 1 regarding whether the regional service area will receive moneys pursuant to 22- 5.5.-106 (2) and (3), C.R.S., in the coming year and the amounts. 2.02(5) Grant Management and Fiscal Oversight. A regional service council may use a maximum of ten percent of the amount annually received by the regional service area for grant management and fiscal oversight. For regions with a total pupil enrollment of less than fifteen thousand students, the regional service council may use up to twenty percent of the amount annually received by the regional service area for grant management and fiscal oversight. 2.02(6) Budget Reporting. Each regional service council that receives funding on behalf of a regional service area shall submit to the Department a revised annual budget on or before March 1, 2010, and on or before March 1 each year thereafter. If a regional service council expects to exceed by more than ten percent the projected expenditures specified in the budget included in the original plan submitted to the State Board, the regional service council shall first seek prior written approval for the expenditure from the Department and may only expend beyond the ten percent after having secured prior written approval from the Department. 2.02(7) Gifts, Grants, and Donations. Each regional service council is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of Article 5.5. of Title 22, C.R.S., except that a gift, grant, or donation shall not be accepted if the conditions attached to the gift, grant, or donation require its expenditure in a manner contrary to law. Any gifts, grants, or donations received by a regional service council shall be submitted directly to the Board of Cooperative Services that is acting as the regional service council’s fiscal agent. 2.02(8) Fiscal Agent. Each regional service shall select one Board of Cooperative Services in the regional service area to act as its fiscal agent to receive the moneys from the State Treasurer or any gifts, grants, or donations accepted pursuant to 22-5.5-106 (6.5), C.R.S. 2.3 Management Procedures. 2.03(1) Programs and Services. A regional service area may provide any of the following services and programs, including but not limited to: 2.03(1)(a) Data and assessment centers; 2.03(1)(b) Shared financial services among school districts and boards of cooperative services; 2.03(1)(c) Cooperative purchases; 2.03(1)(d) Technology infrastructure and support; 2.03(1)(e) Distance, on-line learning, and other alternative learning opportunities for students; 2.03(1)(f) Precollegiate programs, counseling, and dropout prevention; 2.03(1)(g) Capital construction planning assistance; 2.03(1)(h) Curriculum and instructional expertise and support; 2.03(1)(i) Professional development for teachers and administrators; 2.03(1)(j) Regional and state initiatives; 2.03(1)(k) Shared administration and support services for school districts; 2.03(1)(l) Early childhood and preschool programs; and 2.03(1)(m) Postsecondary partnerships and services to support student transitions into postsecondary schools. 2.03(2) Reporting Requirements. On or before July 1 of the year following the approval of a regional service area’s plan pursuant to section 22-5.5-105, C.R.S., and on or before January 1 each year thereafter, the regional service council shall submit a written report on behalf of the regional service area to the State Board and the Department summarizing its activities for the calendar year, especially those activities related to the measurable goals and objectives outlined in the plan, a summary of any efficiencies or improved effectiveness achieved at the district or regional level by the regional service area, and any proposed amendments to the plan originally submitted to the State Board. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/31/2008.

Sections 1.00, 2.02(3) eff. 12/30/2012.

Entire rule eff. 04/30/2023.

Annotations

Rule 2.01(2) (adopted 03/08/2023) was not extended by House Bill 24-1227 and therefore expired 05/15/2024.

1 CCR 301-77 RULES FOR THE ADMINISTRATION OF THE POSTSECONDARY AND WORKFORCE READINESS ASSESSMENTS PILOT PROGRAM [Repealed eff. 04/30/2017] {#sec-1-ccr-301-77 omnilex-key=us-co-regs-official--department-4--1 CCR 301-77}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE POSTSECONDARY AND WORKFORCE READINESS ASSESSMENTS PILOT PROGRAM - Repealed eff. 04/30/2017 1 CCR 301-77 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 04/30/2017.

1 CCR 301-78 Rules Concerning the Standardized Calculation for Counting Student Attendance and Truancy {#sec-1-ccr-301-78 omnilex-key=us-co-regs-official--department-4--1 CCR 301-78}

DEPARTMENT OF EDUCATION

STANDARDIZED CALCULATION FOR COUNTING STUDENT ATTENDANCE AND TRUANCY

1 CCR 301-78 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 Statement of Basis and Purpose This regulation is adopted pursuant to the authority in section 22-33-104 (4)(c), C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq.

(the “APA”), C.R.S.

This regulation shall govern the standardized calculation for counting unexcused absences of students, including the circumstance in which a student is absent for part of a school day, and the format for reporting the number of students identified as habitually truant. Many research studies have concluded that truancy is a problem that impacts a student’s ability to attain the maximum benefit from the education process. Families, schools and communities must work together to ensure regular daily and punctual school attendance. Students should be advised that each scheduled school day will count in their attendance records. Further, students are required to attend classes, unless excused for good reason, in accordance with the Colorado School Attendance Law (C.R.S. 22-33-101). The purpose of this regulation is to provide specificity for consistency in reporting attendance and truancy data across school districts and BOCES. This regulation intends to increase data accuracy by generating uniform indicators for aggregate excused and unexcused absences and habitually truant student numbers. Another purpose is to allow the usage of these indicators to leverage resources to support the complete success of children and youth in school. 2.00 Definitions 2.00(1) “Absences” means the scheduled school days or portions thereof missed by the student. 2.00(2) “Attendance Period” means the period of time in which student attendance is recorded. 2.00(3) “Attendance” is one collection of the Data Pipeline system to obtain attendance, excused and unexcused absences and habitually truant information. 2.00(4) “Data Pipeline” means the state reporting system to collect, through electronic transfer where possible, all student and public school performance data as required by 22-7-603 C.R.S. 2.00(5) “BOCES” means Boards of Cooperative Educational Services. 2.00(6) “Department” means the Colorado Department of Education. 2.00(7) “Excused Absence” means the student is absent for a reason as identified within the attendance policy set by local school board of education as declared in 22-33-104 (4)(a) C.R.S. which may include, but is not limited to, the following reasons: funerals, illness, injury, legal obligations, medical procedures and religious observations. 2.00(8) “Habitually Truant” means a student who is at least the age of six on or before August 1 of the school year in question and under the age of seventeen years having four total days of unexcused absences from public school in any one calendar month or ten total days of unexcused absences from public school during the reported school year in congruence with C.R.S. 22-33-107(3)(a). 2.00(9) “Level of Detail” means the most detailed data available for reporting purposes of attendance information. 2.00(10) “Month” means a named calendar month regardless of the number of school days within each month. 2.00(11) “Reported School Year” means the full school year as defined by the local school board of education. 2.00(12) “Tardies” may be defined by local school district/BOCES board policy, generally meaning a student entering classes after the scheduled start time. 2.00(13) “Truancy/Unexcused Absence” means a student is absent from school without a valid and verifiable excuse by the parent/guardian that is consistent with school or board policy as defined in 22-33-104 (4)(a) C.R.S. or the student leaves school or a class without permission of authorized school staff. 2.00(14) “Unexcused Absence/Truancy” means a student is absent from school without a valid and verifiable excuse by the parent/guardian that is consistent with school or board policy as defined in 22-33-104 (4)(a) C.R.S. or the student leaves school or a class without permission of authorized school staff. 3.00 Standardized Calculation for Counting Absences of Students 3.01 District/BOCES Uphold Written Attendance Policy. 3.01(1) The local board of education shall adopt a written policy setting forth the district's or BOCES’ attendance requirements. Said policy shall provide for Excused Absences, including those listed as exclusions from compulsory school attendance as declared in 22-33-104 (4)(a). 3.01(2) The school district or BOCES shall uphold its written attendance policy. To ensure consistency in reporting attendance and Truancy data, districts and BOCES shall enforce uniform interpretations of the definitions of Excused Absences and Unexcused Absences across all schools within the school district or BOCES, according to the adopted district/BOCES attendance policy. 3.01(3) The district/BOCES attendance policy shall be implemented in accordance with 22-33- 107 C.R.S. which states that school district/BOCES policies shall include provisions for the development of a plan with the goal of assisting the child who is habitually truant to remain in school and when practicable, with the full participation of the child’s parent, guardian or legal custodian. 3.02 Excused Versus Unexcused Absences. 3.02(1) Excused Absences. 3.02(1)(a) Excused Absences occur when the student is absent for an acceptable reason as identified within the attendance policy set by local school board of education as declared in 22-33-104 (4)(a) C.R.S. which may include, but is not limited to, the following reasons: funeral, illness, injury, legal obligation, medical procedure and religious observation. 3.02(1)(b) Local schools may require appropriate documentation to verify excused absences. 3.02(1)(c) Absences due to suspension or expulsion of a child shall be considered excused absences for purposes of calculating habitually truant students (22-33- 107 (3)(a) C.R.S.). 3.02(2) Unexcused Absences. 3.02(2)(a) Unexcused Absences occur when the student is absent without a reason or for an unacceptable reason as identified within the attendance rules set by local school board of education policy as declared in 22-33-104 (4)(a) C.R.S. 3.02(2)(b) If authorized school officials determine that the parent’s excuse is not valid or verified, the absence shall be unexcused. 3.02(2)(c) Unexcused Absences are used to calculate Truancy rates. 3.03 Aggregation of Absences. 3.03(1) A district or BOCES, and its schools, shall report truancy/attendance data as specifically as its student information system (SIS) allows, i.e., by minutes, hours or by periods. 3.03(2) At a minimum, attendance shall be recorded once during each scheduled school day. 3.03(3) For Department reporting purposes, a student who is absent more than 50 percent of any Attendance Period during a scheduled school day shall be considered absent for that entire recorded and reported period. For the 2020-21 academic year, during any period during which students are participating in remote learning due to public health and safety requirements, students may be recorded as present when participating in that remote learning. Districts should record absences and attendance consistent with the district’s attendance policy as it applies to these remote learning situations. 3.03(4) For Department reporting purposes, a student who is present 50 percent or more of any Attendance Period during a scheduled school day shall be considered present for that entire recorded and reported period. For the 2020-21 academic year, during any period during which students are participating in remote learning due to public health and safety requirements, students may be recorded as present when participating in that remote learning. Districts should record absences and attendance consistent with the district’s attendance policy as it applies to these remote learning situations. 3.03(5) All units of time shall be summed and converted to the number of days absent for reporting to the Department. 3.03(6) Student Excused Absences shall be totaled for each student utilizing the most specific Level of Detail collected and reported to the Department through the Attendance collection. When totaling this sum, the calculation shall include percentages of each student’s scheduled instructional day as applicable. 3.03(7) Student Unexcused Absences shall be totaled for each student utilizing the most specific Level of Detail collected and reported to the Department through the Attendance collection. When totaling this sum, the calculation shall include percentages of each student’s scheduled instructional day as applicable. 3.04 Days Suspended/Expelled. 3.04(1) Days suspended or expelled shall be totaled within the student Total Days Excused reported to the Department in accordance with 22-33-107 C.R.S. through the Attendance collection. 3.04(2) Absences due to suspension or expulsion of a student shall not be totaled into the student Total Days Unexcused reported to the Department through Attendance collection. 3.04(3) For expelled students enrolled in a district-sponsored or BOCES-sponsored expulsion program, attendance shall be taken and counted toward the school that administers the program or the student’s school of record at the discretion of the district/BOCES.

Absences for students in such programs shall be determined to be excused or unexcused in accordance with the rules in this document. 4.00 Format for Reporting Habitually Truant Student Data to the Department 4.01 Habitually Truant. 4.01(1) A Habitually Truant student is one who is at least the age of six on or before August 1 of the year in question and under the age of seventeen years having four total days of Unexcused Absences from public school in any one calendar Month or ten total days of Unexcused Absences from public school during the Reported School Year. 4.02 Habitually Truant Status. 4.02(1) The status of a Habitually Truant student is calculated using the sum of Unexcused Absences converted to days and fractions of days. 4.02(2) A student shall be reported as a Habitually Truant student if, at any time during the Reported School Year, their Unexcused Absences from public school in any one calendar Month equals or exceeds four total days. 4.02(1) A student shall be reported as a Habitually Truant student, if at any time during the Reported School Year, their Unexcused Absences from public school equals or exceeds ten total days. 4.03 Days Suspended/ Expelled. 4.03(1) Student Absences due to suspension or expulsion shall be considered excused for purposes of determining student Truancy status (22-33-107 (3)(a) C.R.S.) and as such, shall not be included in the calculation of Habitually Truant status. 4.04 Tardies. 4.04(1) Tardies shall not be included in the calculation of Habitually Truant students for Department reporting purposes. 4.05 Reporting Categories. 4.05(1) Districts and BOCES shall report Habitually Truant students in each school during the entire Reported School Year. Each student will be reported only once in one of three categories. 4.05(2) “Four or more days in any one month” indicates that the Habitually Truant student accrued four or more total days of Unexcused Absences from the reporting public school in any one calendar Month, but never accumulated ten or more total days Unexcused Absences from that public school during the Reported School Year. 4.05(3) “Ten or more days in one school year” indicates that the Habitually Truant student accrued ten or more total days of Unexcused Absences from the reporting public school during the Reported School Year, but never accumulated four or more total days of Unexcused Absences from that public school in any one calendar Month. 4.05(4) “Met both conditions” indicates that the Habitually Truant student accrued four or more total days of Unexcused Absences from the reporting public school in any one calendar Month and also accumulated ten or more total days Unexcused Absences from the same public school during the Reported School Year. 4.06 Data Collection. 4.06(1) Districts and BOCES shall provide Habitually Truant student data in the Data Pipeline Attendance collection. 4.07 Beginning Date. 4.07(1) Districts and BOCES shall provide Habitually Truant student data beginning with the 2009-2010 school year. 4.08 Duplication of Data. 4.08(1) The Habitually Truant student counts provided may be duplicated across schools within a district or BOCES, and will be duplicated in state totals because of student mobility between schools and districts. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/30/2009.

Entire rule eff. 10/30/2020.

1 CCR 301-79 Rules for the Administration of the Healthy Beverages Policy {#sec-1-ccr-301-79 omnilex-key=us-co-regs-official--department-4--1 CCR 301-79}

COLORADO DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE HEALTHY BEVERAGES POLICY 1 CCR 301-79 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose 1.01 The statutory basis for these rules is found in Section 22-32-134.5, C.R.S. and Section 22-2-107(1)(c), C.R.S. 1.02 Pursuant to these statutes, the State Board of Education shall promulgate rules concerning public schools to achieve the following purposes, including but not limited to: 1.02.1 Describing beverages that school districts and schools may permit to be sold to students;

(a) Each beverage described shall satisfy minimum nutritional standards for beverages, which standards are science-based and established by a national organization; and 1.02.2 Describing specific events occurring outside of the regular and extended school day at which a school district or school may permit other beverages other than those described above to be sold to students. 2.0 Definitions 2.01 “Public School” means a school that derives its support, in whole or in part, from moneys raised by a general state, county, or district tax and is not limited to those schools participating in the National School Lunch Program. 2.02 “Regular School Day” means the period from midnight the night before the first class period to 30 minutes after the end of the last class period. 2.03 “Extended School Day” means any time spent by students at school after the regular school day, including but not limited to participation in extracurricular activities or childcare programs. 3.0 District Beverage Policies 3.01 On or before the 2017-2018, school year each school district board of education and the state charter school institute shall adopt and implement a policy in accordance with

Section 22-32-134.5 (1), C.R.S. and the rules herein.

Colorado State Board of Education 4.0 Establishing of Healthy Beverage Standards for Public Schools During the Regular School Day and Extended School Day 4.01 The beverage policies adopted by district boards of education and the state of charter school institute pursuant to Section 3.0 may permit the sale of beverages to students on school grounds during both the regular and extended school day if those beverages meet the United States Department of Agriculture (USDA)’s current regulations for nutrition standards for beverages sold in schools. 5.0 Events Occurring Outside of the Regular and Extended School Day 5.01 The extended school day includes but is not limited to, before and after school activities such as clubs, year book, band, student government, drama, and childcare programs. 5.02 District boards of education and the state charter school institute may permit the sale of other beverages at school-related events where parents and other adults are invited attendees. Such activities include but are not limited to selling beverages as boosters at events such as interscholastic sporting events, school plays, and band concerts. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/30/2009.

Entire rule eff. 11/14/2016.

1 CCR 301-80 Rules for the Administration of the Alternative Teacher Compensation Plan Grant Program {#sec-1-ccr-301-80 omnilex-key=us-co-regs-official--department-4--1 CCR 301-80}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE ALTERNATIVE TEACHER COMPENSATION PLAN GRANT PRORAM 1 CCR 301-80 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority: House Bill 08-1388, 22-69-104 C.R.S, 22-69-105 C.R.S. and 22-2-107 (1) (c) C.R.S. 1.00 Statement of Basis and Purpose. [Eff. 05/01/2009]

The statutory basis for these rules is found in 22-69-104 C.R.S. and 22-69-105 C.R.S. 22-69-101 et seq., C.R.S., creates an alternative teacher compensation plan grant program to be administered through the Department of Education and directs that funds be provided for a competitive grant program to school districts that seek to develop alternative teacher compensation plans. The goals of the program include teaching excellence and high student achievement in the participating school districts. The statute further directs that the Colorado Department of Education, through the alternative teacher compensation plan grant program, shall provide funding to school districts to support the design and development of an alternative teacher compensation plan that is tailored to the particular school district. 22-69-105(1) further provides that the State Board of Education shall promulgate rules in accordance with the State Administrative Procedure Act, article 4 of title 24, C.R.S., for implementation of the grant program. At a minimum, the rules shall specify the procedures and time frames for applying for the grant, the form of the grant application, the information to be provided by the school district applicant, and any additional criteria for awarding the grants. Subject to available appropriations, beginning in the 2008-2009 fiscal year, the state board shall annually award grants under the grant program to applying school districts, taking into account the department’s recommendations. 2.00 Definitions [Eff. 05/01/2009] 2.00 (1) "Department" means the Department of Education, created and existing pursuant to section 24- 1-115, C.R.S. 2.00 (2) "Grant Program" means the alternative teacher compensation plan grant program created pursuant to section 22-69-104. 2.00 (3) "P-20 Council" means the Governor’s P-20 education coordinating council created by the Governor under Executive Order B 003 07. 2.00 (4) "School District" means any school district organized and existing pursuant to law but does not include a Junior College District. 2.00 (5) "State Board" means the State Board of Education, created and existing pursuant to Section 1 of Article IX of the Colorado State Constitution. 2.00 (6) "Teacher" means a person employed to instruct students in a public school in the state. 3.00 Implementation Procedures [Eff. 05/01/2009] 3.01 A School District may apply to the Department, in accordance with procedures and time frames established by the State Board, to receive grant moneys for the designing and development of an alternative teacher compensation plan.

(a) Proposals are due by January 30, 2009. Mailed proposals must be postmarked by January 26, 2009;

(b) Proposals will be reviewed by a review team to ensure they contain all required components and meet the standards of the RFP;

(c) Applicants will be notified of awards no later than February 20, 2009;

(d) All funds must be spent by August 31, 2009; and (e) Each funded project must submit a Project Completion Financial Report to CDE before September 30, 2009. 3.02 Criteria for Awarding the Grants: The criteria for awarding grants, at a minimum, shall require that:

(a) Eligible applicants are defined as Colorado Public School Districts (including the Colorado Charter School Institute) or Colorado Boards of Cooperative Educational Services (BOCES);

(b) The final alternative teacher compensation plan shall be designed and developed collaboratively with administrators, parents, and the School District Board of Education, and with teachers through the School District’s adopted compensation procedures;

(c) The final alternative teacher compensation plan shall be open to all teachers who meet the established performance criteria without regard to grade level, subject area, or assignment;

(d) The School District shall seek a stable, sufficient, and sustainable source of revenue to fund the alternative teacher compensation plan on an ongoing basis;

(e) The narrative shall include a needs statement, project activities and outcomes, timelines for activities, and a list of the key stakeholders participating in the project, and (f) The budget must contain a justification for each budget item with a cost comparison for items over five thousand dollars ($5,000). 3.03 How the Funds May be Used by the School District 3.03 (1) Moneys awarded to a School District pursuant to the Grant Program shall be used by the School District to support the creation of the School District’s alternative teacher compensation plan. Support may include, but need not be limited to: 3.03 (1) (a) Identifying overall goals and objectives for the School District’s alternative teacher compensation plan; 3.03 (1) (b) Identifying various methods of assessing student achievement and teacher effectiveness; 3.03 (1) (c) Creating data systems needed for an alternative teacher compensation system; 3.03 (1) (d) Forecasting the costs of the alternative teacher compensation system to ensure sustainability; 3.03 (1) (e) Linking the alternative teacher compensation plan with the overall School District instructional improvement strategy and the state’s education goals; 3.03 (1) (f) Aligning the School District’s human resources, curriculum, and professional development structures with the pay structure specified in the alternative teacher compensation plan; 3.03 (1) (g) Establishing outreach and on-going communication within the School District and to the community regarding the alternative teacher compensation plan; 3.03 (1) (h) Developing strategies for recruiting and supporting highly effective teachers in struggling schools; and 3.03 (1) (i) Developing strategies for recruiting and retaining high-quality teachers in subject areas that are difficult to staff. 3.03 (2) Components of the Plan: A School District’s final plan for an alternative teacher compensation system shall: 3.03 (2) (a) Provide compensation in addition to existing pay schedules; 3.03 (2) (b) Be transparent with respect to how a teacher qualifies for additional compensation and how much additional compensation a qualifying teacher may receive; 3.03 (2) (c) Contain broad, multi-dimensional criteria for assessing performance within the system; 3.03 (2) (d) Include all of the additional compensation in a teacher’s retirement or pension calculations; and 3.03 (2) (e) Include a procedure for challenging adverse decisions under the system to ensure fairness. 3.04 3.04 (1) Evaluation Plan: The plan shall contain a process for continual evaluation of the system that shall, at a minimum, address the following: 3.04 (1) (a) How the alternative teacher compensation plan will demonstrate measurable effectiveness; 3.04 (1) (b) How the alternative teacher compensation plan will measure and demonstrate a decrease in the School District’s dropout rate; 3.04 (1) (c) How the alternative teacher compensation plan will help to close the achievement gap; and 3.04 (1) (d) How the alternative teacher compensation plan will help to increase students’ attainment of postsecondary degrees and certificates. 3.05 Duration and Amount of Grant Awards. The Department shall review each grant application received from a School District pursuant to section 22-69-104 C.R.S. and shall make recommendations to the State Board concerning whether a grant should be awarded to a School District and the amount of the grant to be awarded. Subject to available appropriations, beginning in the 2008-2009 fiscal year, the State Board shall annually award grants under the grant program to qualifying School Districts, taking into account the Department’s recommendations. 3.06 Reporting. Each School District that receives a grant through the program shall report the following information to the Department on or before August 31, 2009: 3.06 (1) The determined goals and how were they implemented. 3.06 (2) Any outside funding sources the School District identified to help accomplish the plan. 3.06 (3) Report the process for continual evaluation of the plan that shall include but not be limited to the following measures:

(a) Measureable effectiveness of the plan;

(b) How the alternative teacher compensation plan will measure and demonstrate a decrease in the School District drop out rate;

(c) How the alternative teacher compensation plan to will help close the achievement gap; and (d) How the alternative teacher compensation plan will help to increase students’ attainment of postsecondary degrees and certificates. 3.06 (4) The number of teachers in the School District and how many teachers will be eligible for the alternative teacher compensation plan in the first year and in each subsequent year. 3.06 (5) The final and annual costs of the plan. 3.07 Evaluation of Program . On or before January 15, 2010, and on or before January 15 each year thereafter, so long as grant moneys were awarded to at least one School District pursuant to the grant program during the preceding calendar year, the Department shall report to the Education Committees of the House of Representatives and the Senate, or any successor committees, and to the Governor the following information from the preceding calendar year: 3.07 (1) A general description of how the grant program was implemented, including the criteria used to award the grants to School Districts; 3.07 (2) The number of grants awarded, the name of each School District receiving a grant, and the amount of each grant awarded; 3.07 (3) A summary of the goals of each School District awarded a grant with respect to the design and development of its alternative teacher compensation plan; and 3.07 (4) A summary of the key components of each final alternative teacher compensation plan submitted to the Department, pursuant to section 22-69-104 (6) C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 05/01/2009.

1 CCR 301-81 Rules Governing Standards for Individual Career and Academic Plans {#sec-1-ccr-301-81 omnilex-key=us-co-regs-official--department-4--1 CCR 301-81}

DEPARTMENT OF EDUCATION

RULES GOVERNING STANDARDS FOR INDIVIDUAL CAREER AND ACADEMIC PLANS

1 CCR 301-81 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority: Article IX, Section 1, Colorado Constitution. The statutory basis for these rules is found in

section 22- 2-106(1)(a), C.R.S., State Board Duties; section 22-2-107(1)(c), C.R.S., State Board Powers;

section 22-2-136, C.R.S., Additional duty – state board – individual career and academic plans; 22-30.5- 117, Charter Schools – basic skills placement; section 22- 30.5-525, C.R.S., Institute Charter Schools – Individual career and academic plans; and sections 22-32-109(1)(oo)(I) and 22-32-109.5. C.R.S., Board of Education – specific duties. 1.00 Statement of Basis and Purpose.

Pursuant to 22-2-136(1), C.R.S., the State Board of Education is required to promulgate rules to establish standards for Individual Career and Academic Plans (“ICAP”) for all students enrolled in public schools in the state. The intent of this provision in the legislation is to ultimately decrease dropout rates and increase graduation rates by assisting students in developing and maintaining a personalized postsecondary career and educational plan that ensures readiness for postsecondary and workforce success and aligns to requirements set forth in section 22-7-1001 et seq. C.R.S. and section 22-11-101, et seq. C.R.S.

Pursuant to section 22-2- 136(1). C.R.S., an ICAP shall be designed to assist a student and their parent or legal guardian in exploring the postsecondary career and educational opportunities available to the student, aligning course work and curriculum, applying to postsecondary education institutions, securing financial aid, and ultimately entering the workforce. 2.0 Definitions. 2.1 Approved Postsecondary Service Providers: Representatives of pre-collegiate service-providing programs who support middle and high school students’ postsecondary objectives and planning and who have a formal service agreement with the schools they serve. 2.2 Contextual and Service Learning: Activities performed by the student that establish connections between school-based instruction and the world of work, careers, and learning that occurs beyond the school itself (i.e., Career and Technical Education, expeditionary learning, experiential education, internship or externships, and apprenticeships). 2.3 Department: The Department of Education created pursuant to section 24-1-115(1), C.R.S. 2.4 Individual Career and Academic Plan (ICAP): An individualized plan, developed by the student and the student’s parent or legal guardian, in collaboration with their school counselors, school administrators, school personnel and/or Approved Postsecondary Service Providers that is used to help establish personalized academic and career goals, explore postsecondary career and educational opportunities, align course work and curriculum, apply to postsecondary institutions, secure financial aid and ultimately enter the workforce school. 2.5 Institute Charter School: A charter school authorized pursuant to section 22-30.5-501, C.R.S. 2.6 Portfolio: A digital or paper record that includes, at minimum, the components required by these rules. The Portfolio may include student-created information and/or reflections (e.g., websites, documents, surveys) as well as records created by the district or school. The Portfolio may be maintained in different systems by the district or school. For example, some components of the Portfolio may be maintained in the student record system and other components may live in an electronic or paper file. All components of the Portfolio should be accessible as defined in rule 3.02 of these rules. The district or school should communicate to students and parent(s)/guardian(s) in writing how the information contained in the ICAP Portfolio can be accessed. 2.7 Postsecondary and Workforce Readiness (PWR): Colorado high school graduates demonstrate the knowledge and skills (competencies) needed to succeed in postsecondary settings and to advance in career pathways as lifelong learners and contributing citizens. 2.8 Progress in Visual Arts and Performing Arts Courses: Evidence of having participated in and grades earned in Visual Arts and Performing Arts Courses as defined in 22-1-104.5 (1)(a) - (c), C.R.S. 2.9 State Board: The State Board of Education created pursuant to Section 1, Article IX of the State Constitution. 3.0 Standards for Individual Career and Academic Plans. 3.1 Each ICAP shall include a career planning, guidance and tracking component and portfolio that reflects, at a minimum, standards as required, but not limited to section 22-2-136, C.R.S. 3.01(1) Documentation of the student’s efforts in exploring careers, including: a written postsecondary and workforce goal for the student; yearly benchmarks for reaching that goal; interest surveys that the student completes; and anticipated postsecondary studies; 3.01(2) The student’s academic progress including the courses taken, any remediation or credit recovery and any concurrent enrollment credits earned; 3.01(3) The student’s progress in visual arts and performing arts courses; 3.01(4) An intentional sequence of courses reflecting progress toward accomplishment of the student’s postsecondary and workforce objectives; 3.01(5) Relevant assessment scores; including basic skills placement or assessment tests. For schools districts and charter schools that choose to administer the basic skills placement or assessment tests, the student’s scores on the basic skills placement or assessment tests administered pursuant to section 22-30.5-117, 22-30.5-526 or 22-32- 109.5(4), C.R.S., any intervention plan created for the student and the student’s progress in meeting the intervention plan; 3.01(6) The student’s plans for and experiences in Contextual and Service Learning, if applicable; 3.01(7) A record of the student’s college applications and resume, or alternative applications as they are prepared and submitted; 3.01(8) The student’s postsecondary studies as the student progresses through high school; 3.01(9) The student’s progress toward securing scholarships, work-study, student loans and grants; 3.01(10) Other data reflecting student progress toward postsecondary and workforce readiness, including the student’s understanding of the financial impact of postsecondary education; 3.01(11) The student’s scores on basic skills or assessment tests and based on an analysis of the scores (if a district chooses to administer), the student’s level of PWR at the time of the test. If a student’s scores indicate that he or she is at risk of being unable to demonstrate readiness prior to or upon high school graduation, school personnel shall work with the student and the student’s parent or legal guardian to create an intervention plan that identifies the necessary courses and education support services that the student requires to achieve readiness prior to or upon high school graduation to be prepared to continue into a postsecondary education option. 3.01(12) Assisting the student and the student’s parent or legal guardian in exploring apprenticeship programs registered through the United States Department of Labor’s Office of Apprenticeship or a state apprenticeship agency recognized by that office. 3.2 Each ICAP shall be accessible to educators, students, parents, legal guardians, and Approved Postsecondary Service Providers; and may be shared in compliance with the “Federal Family Education Rights and Privacy Act of 1974”; and the student data privacy law section 22-16-101 et seq., C.R.S. 3.02(1) Each ICAP portfolio shall be transferable in print and/or electronic form for internal and external district use so that when a student transfers from one school or district to another, the ICAP follows the student. 3.3 Each public school, in assisting students and parents in creating and maintaining ICAPs shall comply with the requirements of the Federal “Family Educational Rights and Privacy Act of 1974”, 20 U.S.C. 1232g. 3.4 As part of the process of establishing the ICAP, the student and the student’s parents must be made aware of the importance of completing the free application for federal student aid or the Colorado application for state financial aid, or successor forms for accessing federal and state financial aid, and be provided help in completing the forms, if requested. 3.5 The ICAP process shall begin no later than ninth grade, but can begin earlier if the district or institute charter school chooses to do so. 3.6 The documentation in the Portfolio can be used to support funding for a student’s work-based learning course, pursuant to 1 CCR 301-39. For purposes of supporting funding, the documentation in the Portfolio should include, at minimum, the student’s name, the term for which it applied (i.e., Fall 2024), the date the documentation was created/updated, the work-based learning the student pursued; and a description of how the work-based learning course connected to the student’s postsecondary workforce or education goals. 3.7 Districts shall comply with all requirements set forth in sections 22-32-109(1)(oo)(I) and 22-32- 109.5(4)(b), C.R.S. 3.8 Institute charter schools shall comply with all requirements in sections 22-30.5-117(2) and 22- 30.5- 525, C.R.S. 4.0 Model Approach to Implementing State Board ICAP Standards 4.1 4.1 The State Board directs the Department to create a model approach to implementing the State Board’s ICAP Standards. A district or institute charter school can elect to follow the model approach developed by the Department or it can develop its own approach to compliance with the standards in these rules and other expectations set forth in state statutes. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 03/10/2010.

Entire rule eff. 06/30/2011.

Entire rule eff. 04/15/2013.

Entire rule eff. 03/02/2018.

Entire rule eff. 01/14/2025.

1 CCR 301-82 Rules for the Authorization of Charter Schools and Charter School Collaboratives as School Food Authorities {#sec-1-ccr-301-82 omnilex-key=us-co-regs-official--department-4--1 CCR 301-82}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE AUTHORIZATION OF CHARTER SCHOOLS AND CHARTER SCHOOL COLLABORATIVES AS SCHOOL FOOD AUTHORITIES 1 CCR 301-82 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose The statutory basis for these rules is found in sections §22-2-107(1)(c), § 22-2-108, §22-30.5-502 (10.5), § 22-30.5-505(14), § 22-32-120, 22-30.5-603, 42 U.S.C., 1751 et seq. 42 U.S.C., 1771 et seq.

Pursuant to these statutes, the State Board of Education shall promulgate rules to achieve the following purposes, including but not limited to:

(a) Establishing a timeline and processes by which a district charter school, charter school collaborative or an institute charter school may apply for authorization as a school food authority; and (b) Establishing a timeline, standards, and procedures to use in granting or denying authorization as a School Food Authority to a district charter school, charter school collaborative or institute charter school. 2.0 Definitions 2.01 "Applicant" means a district charter school, charter school collaborative or an institute charter school. 2.02 "Charter School Collaborative" means two or more charter schools that contract with one another to form a charter school collaborative that is a legal entity separate from each of the contracting charter school and is authorized to provide any function, service or facility that is lawfully authorized for each of the contracting charter schools, pursuant to §22-30.5-603. 2.03 "Charter School Collaborative School Food Authority" means a Charter School Collaborative as defined above operating as a School Food Authority pursuant to §22-30.5-603 (3.5). 2.04 "Charter School Food Authority" means a district charter school or an institute charter school that: (i) the commissioner or his or her designee provisionally authorizes as a School Food Authority pursuant to section § 22-32-120(6) or (ii) the Department authorizes as a School Food Authority pursuant to section § 22-32-120(5). 2.05 "Child Nutrition Programs" (CNP) means the Programs a School Food Authority may participate in that includes but is not limited to: the National School Lunch Program(7CFR-210) (NSLP), School Breakfast Program (7CFR-220) (SBP), Afterschool Care Snack Program (7 CFR 210.10) (ACSP), Fresh Fruit and Vegetable Program (7 CFR 211 & 235) (FFVP), Special Milk Program (7CFR- 215) (SMP), Summer Food Service Program (7CFR 225) (SFSP) 2.06 "Department" means the Colorado Department of Education created and existing pursuant to §24- 1-115, C.R.S. 2.07 "FNS" means the Food and Nutrition Service, United States Department of Agriculture. 2.08 "Food Service Management Company" (FSMC) means a commercial enterprise or a nonprofit organization which is or may be contracted with by the school food authority to manage any aspect of the school food service and that meets all state and federal requirements. 2.09 "Office of School Nutrition"(OSN) means the Department office responsible for the administration of all the Programs in Colorado. This includes review, monitoring, and training of SFAs. 2.10 "Program" or "Programs" means any one or more of the Child Nutrition Programs administered by the Department. 2.11 "Public School" means a school that received a majority of its funding from moneys raised by a general state, county, or district tax and whose property is owned and operated by a political subdivision of the state. 2.12 "School Food Authority" means the governing body which is responsible for the administration of one or more schools, and has the legal authority to operate the Program therein or be otherwise approved by FNS to operate the Program, including but not limited to a Charter School Food

Authority or a Charter School Collaborative School Food Authority. 2.13 "State Board" means the State Board of Education created pursuant to Section 1 of Article IX of the State Constitution. 3.0 Procedures for Authorization as a School Food Authority 3.01 The application, documentation, and other necessary information must be submitted on forms to be provided or approved by the Department on or before the established deadline for review. 3.02 Application Requirements 3.02.1 A description of the scope and nature of the proposed food service operation including the number of sites and estimated number of students to be served. 3.02.2 A business plan to include: 3.02.2.1 Program Budget: A budget which includes projected revenues and expenditures. Revenues are to include, but are not limited to: student payments, adult payments, federal reimbursement, state reimbursement, and other revenues.

Expenditures are to include, but are not limited to: food and milk, salaries and benefits, purchased services, other supplies and materials, equipment, and depreciation 3.02.2.2 Staffing: The number of employees planned to operate and administer the operation of the particular Program or Programs, detailing positions and hours by employee type. Staffing requirements may vary depending on the Program(s), number of students served , food production method and administrative duties. 3.02.2.3 Facilities: A description of facility type and equipment, including but not limited to an evaluation, assessment, and description of equipment and facility layout:

(a) Full Preparation Kitchen: All food is stored, prepared and served on-site. The facility has preparation equipment, i.e., convection ovens, steamers, warmers, steam table, refrigeration. Food service staff prepares and serves meals.

(b) Heat and Serve Only: Limited preparation and production required. Majority of items are commercially prepared items.

(c) Serve Only: All food is prepared and delivered into the school by an outside food service company/catering company; the school has no capacity to heat and serve meals. Hot and cold holding equipment is required. 3.02.2.4 Types of Meal Service (delivery): Specification of the type of meal service that will be provided for the operation, including the estimated number of sites and students to be served. The types of meal service can include:

(a) Self-preparation/on-site meal preparation: Preparation of meals by the SFA at the school’s site.

(b) Vended: A vended meal contract with an FSMC for delivery of meals prepared off-site by the FSMC to the school site(s) for the Program(s).

All vended meals must be obtained by a competitive purchase procedure that complies with federal and Department procurement requirements.

All SFAs must utilize the Request for Proposal (RFP) and Contract prototypes and procedures as provided by the OSN and any necessary modifications shall be approved in advance by the OSN. All RFP documents must be approved by the OSN prior to release of the RFP and prior to the execution of the contract.

(c) Contracting with a Food Service Management Company: Contract with an FSMC to manage any aspect of the school food service for the Program(s), including meal preparation at the school site. SFAs must comply with all federal and state rules and regulations pertaining to FSMC contracts. All SFAs must utilize the (RFP) and Contract prototypes and procedures as provided by the OSN, and any necessary modifications shall be approved in advance by the OSN. All RFP documents must be approved by the OSN prior to release of the RFP and prior to the execution of the contract. 3.02.2.5 Proposed timeline and plan for:

(a) Procurement of necessary equipment;

(b) Hiring and training personnel, including accommodations for attending all mandatory SFA training by the Department;

(c) Securing necessary food licenses and inspections;

(d) Establishing ordering, payment, and charging policies for school sites as well as method of communicating to parents about those procedures (e) A system for issuance of meal benefits and updating eligibility of free and reduced price meals.

(f) Procuring vended meals or a full-service contract with an FSMC and (g) Estimated start date for serving meals to students. 3.02.2.6 Proposed infrastructure to service schools from other districts requesting to participate. The plan must include specific information on how the Charter School Food Authority or Charter School Collaborative School Food Authority will work with participating charter schools to providetraining and oversight. 3.02.3 Charter SFA Applicants must include a statement from the Applicant of its willingness to contract, to the extent practicable, with other district charter schools and institute charter schools to provide a food service program. 3.03 Review Procedures 3.03.1 The Department shall review the submitted applications and requested business plans for Applicant charter schools and Charter School Collaboratives who have successfully submitted all necessary documentation. 3.03.2 A business plan will be reviewed by the Department and meetings will be set up as needed for clarification and assistance in developing a program that complies with all CNP rules and regulations. 3.03.3 Applications will be reviewed and approved based on the following criteria: 3.03.3.1 The ability to operate a sound financial program based on past, present, and forecasted financial standing; 3.03.3.2 The proposed SFA’s ability to serve a minimum of 200 students; 3.03.3.3 The ability to comply with all USDA and state regulations and rules concerning participation in the applicable Program(s). The capacity to operate a particular Program including the basis of staffing, facilities, and management structure; and 3.03.3.4 Willingness and capability to provide services to charter schools residing in other geographic areas in Colorado which may include schools in several school districts. 3.04 Eligibility and Implementation 3.04.1 A Charter SFA Applicant shall request in writing to its authorizing school district or the charter school institute to contract for food services under terms specified by the Applicant. 3.04.2 A Charter SFA Applicant must first negotiate with the district board of education for food services. If the school district is unable to provide the requested service, then the school district board of education shall allow the district charter school to transfer the maintenance, supervision, and operation of the district charter school’s food-service facility from the district to a Charter School Food Authority. 3.04.3.1 A Charter SFA Applicant shall submit to the Department a written authorization from the local board of education or superintendent releasing the applicant from the existing SFA. 3.04.3.2 A Charter School Collaborative SFA Applicant will notify authorizers of all charter schools participating in the SFA or changes thereto by June 1 annually. 3.04.4 For Charter SFAs only, the Department shall not grant authorization as a Charter School Food Authority to more than ten Applicant charter SFAs until July 1, 2016. 3.04.5 Application due date: February 15th of any year unless a specific extension is granted by the Department. 3.04.6 Approved Applicants must complete all Department training necessary for Program implementation within 30 days prior to their approved Program start date. 3.04.7 No later than April 1 of any year, the Department will grant or deny authorization to a charter school or Charter School Collaborative applying as a School Food Authority. If an extension is granted pursuant to 3.04.5 the authorization will be determined within 45 days of the receipt of the application. 3.04.8 Approved Charter School Collaborative SFAs must have an entity code assigned by the Department for claims processing and reporting requirements. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/30/2010.

Entire rule eff. 01/14/2013.

1 CCR 301-83 PARENTAL NOTIFICATION UPON AN ARREST MADE OR CHARGES BROUGHT AGAINST SCHOOL EMPLOYEE - Expired effective 05/15/2012 per House Bill 12-1086 {#sec-1-ccr-301-83 omnilex-key=us-co-regs-official--department-4--1 CCR 301-83}

DEPARTMENT OF EDUCATION

Colorado State Board of Education PARENTAL NOTIFICATION UPON AN ARREST MADE OR CHARGES BROUGHT AGAINST SCHOOL EMPLOYEE - Expired effective 05/15/2012 per House Bill 12-1086 1 CCR 301-83 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ Editor’s Notes

History Entire rule eff. 05/31/2011.

Annotation Entire rule was not extended by House Bill 12-1086 and therefore expired 05/15/2012.

1 CCR 301-84 Rules Concerning Dropout Prevention and Student Re-Engagement {#sec-1-ccr-301-84 omnilex-key=us-co-regs-official--department-4--1 CCR 301-84}

DEPARTMENT OF EDUCATION

Colorado State Board of Education DROPOUT PREVENTION AND STUDENT RE-ENGAGEMENT 1 CCR 301-84 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority : Article IX, Section 1, Colorado Constitution. § §22-2-106(1) (a) and (c); 22-2-107(1) (c); 22- 2-136(1), C.R.S. The statutory basis for these rules is found in § § 22-2-106(1) (a) and (c), State Board Duties; 22-2-107(1) (c), State Board Powers; and 22-2136(1), C.R.S.

1.0 STATEMENT OF BASIS AND PURPOSE

The Dropout Prevention and Student Re-engagement Act, Article 14 of Title 22 of the Colorado Revised Statutes, requires the State Board of Education to promulgate rules to establish criteria for identifying high priority and priority local education providers, rules for implementing the Student Re-engagement Grant Program and defining and calculating the following rates: student dropout rate, graduation rate, completion rate, the student re-engagement rate; truancy rate, student mobility rate, student suspension rate and student expulsion rate.

2.00 DEFINITIONS

Definitions as defined in § 22-14-103, C.R.S. 2.01 "Completion" means a student graduates from high school or receives a certificate or other designation of high school completion such as a general educational development certificate. 2.02 "Department" means the Department of Education created and existing pursuant to § 24-1-115, C.R.S. 2.03 "Dropout Prevention" means school and community-based initiatives to promote positive social, emotional, familial, and educational factors that maintain and strengthen student engagement and address barriers and conditions that may lead a student to drop out of school. 2.04 "Expanded Learning Opportunity Programs" means programs that provide kindergarten-through twelfth-grade supervised learning activities that may include, but need not be limited to, afterschool programs, before-school programs, summer school programs, weekend programs, and extended-day and extended-year programs. 2.05 "Graduation" means a student meets the locally defined requirements for a high school diploma. 2.06 "Grant Program" means the student re-engagement grant program established in § 22-14-109, C.R.S. 2.07 "High Priority Local Education Provider" means a local education provider that the Office identifies pursuant to § 22-14-103 (4), C.R.S. as being most in need of technical assistance and support. 2.08 "Local Education Provider” means a school district, a board of cooperative services created pursuant to article 5 of title 22, or the state Charter School Institute created pursuant to § 22- 30.5-503, C.R.S. 2.09 "Office" means the Office of Dropout Prevention and Student Re-Engagement created within the Department of Education pursuant to § 22-14-103, C.R.S. 2.10 "Parent" means a student's biological or adoptive parent or the student's legal guardian or legal custodian. 2.11 "Priority Local Education Provider" means a local education provider that the Office identifies pursuant to § 22-14-103 (4), C.R.S. as being in significant need of technical assistance and support. 2.12 "State Board" means the State Board of Education created and existing pursuant to Section 1 of

article IX of the State Constitution. 2.13 "Student Engagement" means a student's sense of belonging, safety, and involvement in school that leads to academic achievement, regular school attendance, and graduation. Elements of promoting student engagement include providing rigorous and relevant instruction, creating positive relationships with teachers and counselors, providing social and emotional support services for students and their families, creating partnerships with community organizations and families that foster learning outside of the classroom, and cultivating regular school attendance. 2.14 "Student Graduation and Completion Plan" means a local education provider's plan, created pursuant to § 22-14-107, C.R.S., for reducing the student dropout rate and increasing the rates of student engagement, re-engagement, graduation, and completion. 2.15 "Student Re-Engagement" means that a student reenrolls in high school after dropping out prior to completion. Student re-engagement usually results from a local education provider's use of evidence- or research-based strategies to reach out to students who have dropped out of school and to assist them in transitioning back into school and obtaining their high school diplomas or otherwise completing high school. 2.16 "Student Support Personnel" means a state-licensed or state-certified school counselor, school psychologist, school social worker, or school nurse, or other state-licensed or state-certified mental health professional qualified under state law to provide support services to children and adolescents.

3.00 HIGH PRIORITY AND PRIORITY LOCAL EDUCATION PROVIDERS

The Office shall collaborate with other divisions within the Department to identify annually through the accreditation process, as defined in CCR 301-1 (Rules for the Administration of Statewide Accountability Measures), those local education providers (LEPs) that do not meet expectations for Graduation and Completion rates. Of those LEPs identified, those most in need of improvement and assistance shall be recognized as High Priority and those in significant need of improvement and assistance shall be recognized as Priority based on the following criteria: 3.00 (1) Identified LEPs with Graduation and Completion rates that are significantly below State averages or those that do not meet expectations for post secondary workforce readiness indicators, as defined pursuant to CCR 301-1 (Rules for the Administration of Statewide Accountability Measures), will be designated Priority. 3.00 (1) (a) Identification shall consider size of pupil membership in determining designation of Priority. 3.00 (2) Identified LEPs will be designated High Priority if they meet the criteria for Priority and there is indication that they are most in need of improvements. Indicators shall be based on data highly correlated with the likelihood that students will dropout, including but not limited to dropout rates, truancy rates, suspension or expulsion rates that significantly above state averages. These rates are defined in section 5.00 of these rules. 3.00 (3) The designation of High Priority and Priority will be recognized and in effect for three consecutive fiscal years to allow time to complete the “practices assessment,” adopt Student Graduation and Completion Plan and review and evaluate plans as described in sections 3.02 and 3.05 in these rules. Based on the timeline listed in 3.01 (1) in these rules, the first group of High Priority LEPs will begin in fiscal year 2009-2010. The first group of Priority LEPs will begin in fiscal year 2010-2011. In subsequent years, the timeline will follow criteria described in section 3.07 of these rules. 3.00 (4) If after completion of the three-year period, a designated LEP meets its Graduation and Completion rate expectation(s), the LEP shall no longer be recognized as High Priority or Priority. If after completion of the three-year period, a designated LEP does not meet its Graduation and Completion rate expectation(s), the Department shall review continuation of the designation of High Priority or Priority in collaboration with other divisions within the Department and may require an update of the LEP’s “practices assessment” and a revision and further evaluation of the LEP’s Student Graduation and Completion Plan. 3.01 Practices Assessment. Each High Priority and Priority LEP shall conduct a “practices assessment” as described in 22-14-106(2), C.R.S. Each High Priority and Priority LEP’s “practices assessment” shall consider community partnerships with state and local government agencies and community-based organizations and current practices and policies as they relate to different types of dropout students or students at risk of dropping out. 3.01 (1) For the first group, each High Priority LEP shall complete its initial “practices assessment” no later than June 30, 2010. Each Priority LEP shall complete its initial “practices assessment” no later than June 30, 2011. Following completion of the initial “practices assessment,” each High Priority and Priority LEP shall review and update the “practices assessment” in accordance with timelines as described in section 3.06 and 3.07 of these rules. 3.01 (2) Each LEP that is not a High Priority or Priority LEP is encouraged to conduct a “practices assessment” and to periodically review and update the “practices assessment.” A LEP that chooses to conduct a “practices assessment” shall comply with provisions pursuant to this paragraph and shall comply with provisions of section 3.04 of these rules. 3.01 (3) If a High Priority or Priority LEP has authorized one or more existing charter schools pursuant to article 30.5 of title 22 of the Colorado Revised Statutes, each charter school shall conduct its own “practices assessment” in accordance with the deadlines specified in subsection (1) and section 3.07 of these rules. In addition, they shall submit the assessment to the Department as described in section 3.04 of these rules. A “practices assessment” conducted by a charter school shall conform to the requirements specified in section 3.02 of these rules. 3.02 Practices Assessment Implementation. Each practices assessment, at a minimum, shall address the High Priority or Priority LEP's: 3.02 (1) Attendance and truancy reporting and enforcement policies and definitions; 3.02 (2) Risk factors and remedies applicable to students who are failing one or more courses, have experienced traumatic life events, or have lost academic interest or motivation and to students whose presence or actions are perceived to be detrimental to other students; 3.02 (3) Interaction with the judicial system in enforcing compulsory school attendance; 3.02 (4) Interaction with the juvenile justice system in: 3.02 (4) (a) Assisting in administering juvenile diversion programs and coordinating supports for all students transitioning out of the juvenile justice system to aid in the continuation of the students' education, especially for those students involved in the juvenile justice system as a result of school-related violations of the LEP's code of conduct or crimes committed on school property; and 3.02 (4) (b) Coordinating with juvenile probation officers regarding school-related conditions of probation; 3.02 (5) Coordination with child welfare services, including but not limited to county departments of social services, facility schools, and other youth services providers; 3.02 (6) Grading policies; 3.02 (7) Policies for grade repetition and remediation; 3.02 (8) Course completion requirements and policies; and 3.02 (9) Policies and practices relating to: 3.02 (9) (a) The use of individual career and academic plans; 3.02 (9) (b) Addressing ethnicity, language and cultural barriers between students' homes and school; 3.02 (9) (c) English-language acquisition; 3.02 (9) (d) Student acquisition of behavioral, social and emotional skills; 3.02 (9) (e) Students' health care needs; 3.02 (9) (f) Alternative and flexible educational strategies; 3.02 (9) (g) Family involvement and family support services; 3.02 (9) (h) Expanded Learning Opportunity Programs; 3.02 (9) (i) Staff development in implementing evidence-based strategies; 3.02 (9) (j) Innovations to address barriers to school engagement and success; 3.02 (9) (k) Outreach services to re-engage students who drop out of school; and 3.09 (9) (l) Review and analysis of data regarding dropout rates, Graduation rates, school completion rates, truancy rates, the number of students who are habitually truant, suspension rates, and expulsion rates. 3.03 Technical Assistance. The Office shall provide technical assistance to High Priority LEPs to assist them in completing their “practices assessments” and Student Graduation and Completion Plans.

The Office may provide technical assistance to Priority LEPs as allowable within available appropriations. In addition, at the request of a High Priority or Priority LEP and to the extent practicable within available resources, the Office shall provide a template, which includes any student data that is pertinent to the High Priority or Priority LEP and to which the Office has access, to assist the High Priority or Priority LEP in preparing its “practices assessment” . 3.04 Publication of Assessment. Upon completing its practices assessment or any updates to the assessment, each High Priority and Priority LEP shall transmit the assessment to the Department for publication on the internet. 3.05 Student Graduation and Completion Plan. 3.05 (1) Based on the completed “practices assessment,” for the first group of designated LEPs, each High Priority LEP shall adopt a Student Graduation and Completion Plan for the schools operated or approved by the High Priority LEP by October 1, 2010. Each Priority LEP shall adopt a Student Graduation and Completion Plan by October 1, 2011.

Timelines for subsequent years are described in section 3.07 of these rules. 3.05 (2) For the first group of designated LEPs, following adoption of the initial Student Graduation and Completion Plan, each High Priority and Priority LEP shall review and update the Student Graduation and Completion Plan in accordance with timelines described in section 3.06 of these rules. In setting the dates for adoption of the initial Student Graduation and Completion Plan and the timelines for reviewing and updating the Student Graduation and Completion Plan, the State Board shall ensure that the dates coincide with the dates by which each LEP is required to adopt the plan required by its accreditation category or its annual performance review. The timelines for subsequent years are described in section 3.07 of these rules. 3.05 (3) Each LEP that is not a High Priority or Priority LEP is encouraged to adopt a Student Graduation and Completion Plan and to periodically review and update the plan. A LEP that chooses to adopt a Student Graduation and Completion shall comply with the provisions of subsection (8). 3.05 (4) Notwithstanding any provision in subsection (1) to the contrary, if a High Priority or Priority LEP has authorized one or more existing charter high schools pursuant to article 30.5 of this title, each charter high school shall adopt its own Student Graduation and Completion Plan in accordance with the deadlines specified in sections 3.06 and 3.07 of these rules and submit the plan to the Department pursuant to subsection (8). A Student Graduation and Completion Plan adopted by a charter high school shall conform to the requirements specified in subsections (5) and (6). 3.05 (5) At a minimum, each High Priority and Priority LEP's Student Graduation and Completion Plan shall include: 3.05 (5) (a) The percentage by which the High Priority or Priority LEP anticipates reducing the student truancy rate and dropout rate and the timeline for achieving the reductions; 3.05 (5) (b) The percentage by which the High Priority or Priority LEP anticipates increasing the student attendance, graduation, and completion rates and the timeline for achieving the increases; 3.05 (5) (c) Other objectives that the High Priority or Priority LEP identifies that are designed to result in improved Dropout Prevention, improved student attendance, and improved Student Engagement and Re-engagement within the schools operated or approved by the High Priority or Priority LEP; 3.05 (5) (d) The manner in which the High Priority or Priority LEP will measure success in achieving the goals and objectives of the Student Graduation and Completion Plan; 3.05 (5) (e) The manner in which school staff and Parents will work together to address the risk factors and remedies for students; and 3.05 (5) (f) A description of the supports that the High Priority or Priority LEP will provide to a student who leaves a public school prior to graduation or completion, which supports, at a minimum, shall include an explanation of the educational alternatives available to the student to assist him or her in re-engaging in school and other information to assist with his or her transition into other educational settings, including but not limited to an adult basic education, general educational development, or English-as-a-second-language program, or into the workforce or job training. 3.05 (6) In designing its Student Graduation and Completion Plan, each High Priority or Priority LEP is encouraged to: 3.05 (6) (a) Include a variety of innovative dropout reduction efforts in the plan, including new schools and programs that provide educational environments that are specifically designed to promote Student Re-Engagement, including policies and programs that create alternative pathways to high school Graduation; and 3.05 (6) (b) Review existing supports and resources that the High Priority or Priority LEP may leverage to support implementation of the plan, including but not limited to grants for expelled and at-risk student services available pursuant to § 22-33- 205, C.R.S. grants available through the school counselor corps grant program created in article 91 of this title, assistance available through the closing the achievement gap program pursuant to § 22-7-611, C.R.S. and federal moneys available pursuant to the "safe and drug-free schools and communities act", 20 U.S.C. Sec. 7101 et seq. 3.05 (7) Each High Priority or Priority LEP, in adopting its Student Graduation and Completion Plan, shall also adopt a process by which annually to review and evaluate the effectiveness of the plan. Each High Priority or Priority LEP that is a school district shall include its “practices assessment” and its Student Graduation and Completion Plan with the plan the school district is required to adopt pursuant to CCR 301-1 (Rules for the Administration of Statewide Accountability Measures). 3.05 (8) Upon adopting its Student Graduation and Completion Plan or any updates to the plan, each High Priority or Priority LEP shall transmit the plan to the Department for publication on the internet. 3.05 (9) Beginning in the 2011-12 academic year, the Office shall annually evaluate each High Priority LEP's Student Graduation and Completion Plan as part of the accreditation review process. The Office shall evaluate the components of each Student Graduation and Completion Plan, the High Priority LEP's implementation of the plan, and the results achieved. In evaluating the Student Graduation and Completion Plans, the Office shall generally ensure that the High Priority LEP applies best practices and strategies and employs rigorous ongoing program evaluation and oversight in implementing the plan. On completion of the evaluation, the Office may provide recommendations to the High Priority LEP concerning improvements in the plan design and implementation. 3.05 (9) (a) The Office may evaluate, as described in subsection (6) (a), the Student Graduation and Completion Plans of Priority LEPs as allowable within available appropriations. 3.06 Timeline for the First High Priority and Priority Local Education Providers That Are Identified For the first LEPs designated as High Priority and Priority, the following timeline will be implemented in accordance with § 22-14-106, C.R.S: 3.06 (1) High Priority LEPs shall complete their “practices assessment” by June 30, 2010. 3.06 (2) Priority LEPs shall complete “practices assessment” by June 30, 2011. 3.06 (3) High Priority LEPs shall adopt Student Graduation and Completion Plans by October 1, 2010. 3.06 (4) Priority LEPs shall adopt Student Graduation and Completion Plans by October 1, 2011. 3.06 (5) By December 31 of the 2011-12 academic year, the Office shall review and evaluate the Student Graduation and Completion Plans of High Priority LEPs. 3.06 (6) By the December 31 of 2012-13 of the academic year, the Office shall review and Evaluate the Student Graduation and Completion Plans of Priority LEPs. 3.07 Timeline for High Priority and Priority Local Education Providers in Subsequent Years In subsequent years, beginning in fiscal 2011-2012, LEPs newly designated as High Priority and Priority will be subject to the following timelines: 3.07(1) By December 15 of each year, in cooperation with other units at the Department and accreditation, the Office will identify LEPs that did not meet their Graduation and Completion rate expectation(s) pursuant to section 3.00 of these rules. Within 60 days of identification, the Office shall designate High Priority and Priority based on the criteria as described in sections 3.00 (1) and 3.00 (2) of these rules and will be in effect for three consecutive fiscal years in accordance with section 3.00 (3) of these rules. 3.07 (1) (a) In year one of their designation, High Priority LEPs shall complete their “practices assessment” by June 30. 3.07 (1) (b) Priority LEPs shall begin their “practices assessment” in year one of their designation and complete them no later than October 31 in year two of their designation. 3.07 (1) (c) High Priority LEPs shall adopt Student Graduation and Completion Plans no later than January 15 in the second year of their designation, subject to revision based on CCR 301-1 (Rules for the Administration of Statewide Accountability Measures) timelines for district improvement plans and accreditation. 3.07 (1) (d) Priority LEPs shall adopt their Student Graduation and Completion Plans no later than June 30 in year two of their designation, subject to revision based on CCR 301-1 (Rules for the Administration of Statewide Accountability Measures) timelines for district improvement plans and accreditation. 3.07 (1) (e) In year three of designation, the Office will review and evaluate the Student Graduation and Completion Plans of High Priority and Priority LEPs in collaboration with other units at the Department and accreditation, on or before June 30 and pursuant to sections 305 (9) and 305 (9) (a), of these rules 4.00 IMPLEMENTATION OF THE STUDENT RE-ENGAGEMENT GRANT PROGRAM The Student Re-engagement Grant Program, pursuant to C.R.S. 22-14-109, is created to provide grant moneys to local education providers (LEPs) to use in providing educational services and supports to students to maintain Student Engagement and support Student Re-Engagement in high school. 4.01 Application Timelines, The timeline is based on the state fiscal year and is only in effect based on the availability of funds; 4.01 (1) Application deadline: Applications shall be submitted to the Department by June 30. 4.01 (2) Application review: Applications will be reviewed within 30 days of the application deadline. 4.01 (3) Notification of awards: Award notification will occur within 30 days after the completion of the application review. 4.02 Application Procedures. The Department will be the responsible agency for implementing the Student Re-Engagement Grant Program. The Department will develop the Request for Proposal (RFP), pursuant to the Department’s RFP process and pursuant to the requirements and timelines found in § 22-14-109, C.R.S. Each grant application will include, at a minimum: 4.02 (1) The number of students to be served 4.02 (2) The LEP’s plan for providing educational services, including social-emotional and behavioral support services and appropriate academic challenge; 4.02 (3) A description of the services to be provided based upon previous research or evaluation of such services and that must include strategies that address social, emotional and academic needs; 4.02 (4) The estimated cost of providing the services; 4.02 (5) The criteria the LEP will use to measure the effectiveness of the services provided, at minimum, shall include improvements of outcomes such as Student Engagement and Student Re-Engagement rates, graduation rates, dropout rates and suspension and expulsion rates; and 4.02 (6) The description of the LEP’s policies and practices related to: 4.02 (6) (a) Course completion and credit recovery; 4.02 (6) (b) Attendance and behavior improvements; 4.02 (6) (c) Alternative and flexible and tiered learning strategies; 4.02 (6) (d) Safe and welcoming school environments; 4.02 (6) (e) Student social and emotional supports; 4.02 (6) (f) Family engagement and family support strategies; 4.02 (6) (g) Staff development in meeting diverse student needs; 4.02 (6) (h) Innovations to address barriers to school engagement and student success; and 4.02 (6) (i) Transference of student records to and receipt of student records from others. 4.03 Duration and Amount of Grant Awards. The Department shall review the grant applications received and recommend grant recommendations and grant amounts to the State Board. Subject to available appropriations, the State Board shall award grants to applicants pursuant to § 22-14- 109 (3), C.R.S. Each grant shall have a term of up to three years subject to availability of funds, compliance with assurances and measurable progress. 4.04 Evaluation of Program. On or before February 15, 2011, and on or before February 15 each year thereafter, the Department shall evaluate the educational and support services provided by each LEP that received a grant pursuant to § 22-14-109 (5), C.R.S., in the preceding fiscal year; except that the Department need not provide an evaluation for any fiscal year in which grants were not awarded. At a minimum, the Department shall review: 4.04 (1) The outcomes and effectiveness of the services provided as measured by the demonstrated degree of Student Engagement and Student Re-Engagement; 4.04 (2) The academic growth of students who received services as a result of the grant, to the extent the information is available; 4.04 (3) The reduction in the dropout rate; and 4.04 (4) The increase in the graduation and completion rates for the grant recipients’ schools. 4.05 Reporting. The Department shall report the evaluation results to the education committees of the senate and the House of Representatives, or any successor committees by February 15, in conjunction with the report submitted pursuant to § 22-14-111, C.R.S.

5.00 DEFINING AND CALCULATING RATES

In evaluating the following rates, the intent is to ensure incentives for re-engaging students and ensuring that students successfully achieve statewide academic standards upon Graduation, as defined and calculated in CCR-301-1 (Rules for the Administration of Statewide Accountability Measures). 5.01 The Student Dropout Rate: The annual student dropout rate will be calculated based on the percentage of students in grades seven through twelve who drop out of school in a given year between July 1 and June 30 and have not returned to an educational environment on or before the end of the school year or June 30 as defined and calculated in CCR 301-1 (Rules for the Administration of Statewide Accountability Measures). 5.02 The Graduation Rate: The student graduation rate will be based on the calculations defined and calculated pursuant to CCR 301-1 (Rules for the Administration of Statewide Accountability Measures), or as otherwise required by the Elementary and Secondary Education Act of 1965. 5.03 The Completion Rate: The high school completion rate is the percentage of students from an end of year eighth grade cohort adjusted for verified transfers in and out with adequate documentation, who leave school as graduates or completers as defined by the District as defined and calculated in CCR 301-1 (Rules for the Administration of Statewide Accountability Measures). 5.04 The Student Re-engagement Rate: The Student Re-engagement rate is based on the percent of students who dropped out in the prior year (PY) and re-enrolled in their home school/district in the following year and the percent who dropped out and were retrieved anywhere in the state in the following year. The pairing of these percentages provides information to assist in analyzing the cost-benefit of Student Re-Engagement and recognizes the levels of re-engaging students who have dropped out. 5.04 (1) Calculation of percentages based on retrieved into same school or district: 5.04 (1) (a) School rate based on re-enrolled: Number of PY dropouts who are retrieved into same school the following year/Number of PY dropouts 5.04 (1) (b) District rate based on re-enrolled: Number of PY dropouts who are retrieved into same district the following year/Number of PY dropouts 5.04 (1) (c) State rate based on re-enrolled: Sum of PY dropouts who were retrieved into the same district the following year / Sum of PY dropouts from all districts 5.04 (2) Calculation of percentages based on retrieved anywhere in the state: 5.04 (2) (a) School rate based on retrieved: Number of PY dropouts who are retrieved anywhere in the state the following year /Number of PY dropouts 5.04 (2) (b) District rate based on retrieved: Number of PY dropouts who are retrieved anywhere in the state the following year /Number of PY dropouts 5.04 (2) (c) State rate based on retrieved: Sum of all PY dropouts retrieved anywhere in the state the following year / Sum of all PY dropouts from all districts 5.05 The Truancy Rate: Truancy rates measure the number of unexcused absences from Public School and number of habitually truant students. They will include two calculations to determine the rate of unexcused absences and habitually truant student rate as defined in CCR 301.78 (Rules Concerning the Standardized Calculation for Counting Student Attendance and Truancy) pursuant to § 22-33-104 (4) (c), C.R.S. 5.06 The Student Mobility Rate: The student mobility rate measures the unduplicated count of the number of students who have moved into or out of a particular education setting as defined and calculated in CCR 301-1 (Rules for the Administration of Statewide Accountability Measures). 5.07 The Student Suspension Rate: The rate is defined as the number of students suspended (may include in-school suspensions, out of school suspensions and classroom suspensions) during the year divided by the student enrollment as of October 1. It is calculated at the school, district and state level as determined by the collection of the Department’s Automated Data Exchange system to obtain behavioral incidents and the actions taken. If a student was suspended multiple times within the school year, each time is included in the count . 5.08 The Student Expulsion Rate: The rate is defined as the number of students expelled during the year divided by the student enrollment as of October 1. It is calculated at the school, district and state level as determined by the collection of the Department’s Automated Data Exchange system to obtain behavioral incidents and the actions taken. If a student was expelled multiple times, each time is included in the count. _________________________________________________________________________ Editor’s Notes

History Entire emer. rule eff. 02/10/2010; expired 05/10/2010.

Entire rule eff. 05/31/2010.

1 CCR 301-85 Rules Governing the Renewable Energy and Energy Efficiency for Schools Loan Program {#sec-1-ccr-301-85 omnilex-key=us-co-regs-official--department-4--1 CCR 301-85}

Department of Education Colorado State Board of Education RULES GOVERNING THE RENEWABLE ENERGY AND ENERGY EFFICIENCY FOR SCHOOLS LOAN PROGRAM 1 CCR 301-85 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Editor’s Notes

History Entire rule eff. 07/30/2010.

Entire rule eff. 01/30/2015.

Entire rule repealed eff. 07/16/2026.

1 CCR 301-86 Rules for the Administration of the Concurrent Enrollment Program {#sec-1-ccr-301-86 omnilex-key=us-co-regs-official--department-4--1 CCR 301-86}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE CONCURRENT ENROLLMENT PROGRAM

1 CCR 301-86 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority: The statutory authority for these rules is found in Article IX, Section 1 of the Colorado Constitution and Colorado Revised Statutes sections 22-2-106(1) (a) and (c) (State Board Duties);

section 22-2-107(1)(c) (State Board Powers); and section 22-35-101, C.R.S., et. seq. Concurrent Enrollment Programs Act). Revisions to these rules are required by HB 09-1319 (repealing the Postsecondary Enrollment Options Act and Fast College Fast Jobs Act) 1.00 Statement of Basis and Purpose.

Pursuant to the Concurrent Enrollment Programs Act (section 22-35-111 C.R.S.), the State Board of Education is required to promulgate rules for schools and school districts to follow in satisfying state and federal reporting requirements concerning the enrollment status of accelerating students through concurrent enrollment program participants. 2.0 Definitions. 2.00(1) Approved Postsecondary Service Providers: Representatives of pre-collegiate service- providing programs who support middle and high school students’ postsecondary objectives and planning and who have a formal service agreement with the schools they serve. 2.00(2) ASCENT Program: Accelerating students through concurrent enrollment program created in

section 22-35-108, C.R.S. 2.00(3) Board of Cooperative Services (BOCES): A board of cooperative services created and operating pursuant to Article 5 of Title 22 that operates one or more public schools. 2.00(4) College Opportunity Fund (COF): A trust fund for the benefit of eligible undergraduate students which consists of a stipend for each undergraduate student in Colorado who applies for the stipend and who is admitted and registers to attend a state or participating private Institution of Higher Education pursuant to section 23-18-201(1), C.R.S. The stipend payment is paid to the Institution of Higher Education upon receipt of the student’s authorization, and is then applied against the student’s total in-state tuition pursuant to section 23-18-202(5)(a), C.R.S. 2.00(5) Concurrent Enrollment: The simultaneous enrollment of a Qualified Student in a Local Education Provider and in one or more postsecondary courses, including academic or career and technical education courses, which may include course work related to apprenticeship programs or internship programs, at an Institution of Higher Education pursuant to the provisions of Article 35 of Title 22, at no tuition cost to the qualified student or the qualified student’s parent or legal guardian, except when the parent or legal guardian signs a document prior to the student’s concurrent enrollment in a course pursuant to 22-35-105(4)(c), C.R.S. Upon successfully completing a concurrent enrollment postsecondary course, the qualified student must receive credit that applies to completion of high school graduation requirements and postsecondary credit that applies toward completion of developmental education courses, applies toward earning a certificate or degree awarded through an approved postsecondary career and technical education program, is approved by the department of higher education for transfer from a two- year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, is approved for statewide transfer pursuant to section 23-1-125, C.R.S. or is part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a), C.R.S.

(a) “concurrent enrollment” does not include a student's simultaneous enrollment in:

(i) a local education provider and in one or more secondary career and technical education courses, advanced placement courses, or international baccalaureate courses;

(ii) an early college and a postsecondary course;

(iii) a Pathways in Technology Early College High School, as defined in section 22- 35.3- 102 CRS, and a postsecondary course; or (iv) a local education provider and a postsecondary course that does not meet the requirements specified in subsection 2.00(5) of these rules. 2.00(6) Department: The Department of Education created and existing pursuant to section 24-1-115, C.R.S. 2.00(7) Developmental education: Coursework that serves as a prerequisite to the level of work expected at a postsecondary institution and that includes academic skills courses and preparatory courses. 2.00(8) District Charter School: A charter school authorized by a school district pursuant to Part 1 of

Article 30.5 of Title 22 that serves any of grades nine through twelve. 2.00(9) Family Educational Rights and Privacy Act (FERPA) of 1974: A Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education pursuant to 20 U.S.C. §1232g; 34 CFR

Part 99. 2.00(10) Individual Career and Academic Plan (ICAP): An individualized plan, developed by the student and the student’s parent or legal guardian, in collaboration with their school counselors, school administrators, school personnel and/or Approved Postsecondary Service Providers that is used to help establish personalized academic and career goals, explore postsecondary career and educational opportunities, align course work and curriculum, apply to postsecondary institutions, secure financial aid and ultimately enter the workforce. 2.00(11) Institute Charter School: A charter school authorized by the State Charter School Institute pursuant to Part 5 of Article 30.5 of Title 22, that serves any of grades nine through twelve. 2.00(12) Institution of Higher Education: Either:

(a) A state university or college, community college, junior college, local district college or area vocational school described in Title 23, C.R.S.;

(b) A postsecondary career and technical education program;

(c) An educational institution operating in this state that:

(i) Does not receive state general fund moneys in support of its operating costs;

(ii) Admits as regular students only persons having a high school diploma or the recognized equivalent of such a certificate;

(iii) Is accredited by a regional accrediting agency or association;

(iv) Provides an educational program for which it awards a bachelor’s degree or a graduate degree;

(v) Is authorized by the Department of Higher Education to do business in Colorado pursuant to section 23-2-103.3, C.R.S.;

(vi) Maintains a physical campus or instructional facility in Colorado; and (vii) Has been determined by the United States Department of Education to be eligible to administer federal financial aid programs pursuant to Title IV of the federal “Higher Education Act of 1965”, as amended. 2.00(13) Local Education Provider: A school district, a Board of Cooperative Services, a District Charter School, or an Institute Charter School. 2.00(14) Postsecondary Career and Technical Education Program: A career and technical education program that offers postsecondary courses and is approved by the State Board for Community Colleges and Occupational Education pursuant to section 23-8-103, C.R.S. 2.00(15) Postsecondary Education: All formal public education that requires as a prerequisite the acquisition of a high school diploma, its equivalent, or the achievement of a minimum score on a placement assessment that is administered by an Institution of Higher Education, which minimum score is determined by the institution. Postsecondary Education includes programs resulting in the acquisition of a certificate, an associate degree of applied sciences, an associate degree of general studies, an associate degree of arts, or an associate degree of science and all baccalaureate degree programs. 2.00(16) Qualified Student: A person who is less than twenty-one years of age and is enrolled in the ninth grade or a higher grade level in a Local Education Provider. 2.00(17) State Assigned Student Identifier (SASID): Uniquely assigned number given to each student in Colorado in order to track assessment scores and other information over time and across districts. 2.00(18) State Board: The State Board of Education created pursuant to Section 1 of Article IX of the State Constitution. 2.01 Guidelines for Creating Standard Concurrent Enrollment Application Forms. 2.01(1) A standard Concurrent Enrollment application form shall allow a Qualified Student enrolled in a high school of a Local Education Provider who seeks to enroll in an Institution of Higher Education to apply to the superintendent of the student’s school district, or the superintendent’s designee, for approval of Concurrent Enrollment. A standard Concurrent Enrollment application form also shall allow a Qualified Student enrolled in a District Charter School, an Institute Charter School, or a high school of a BOCES who seeks to concurrently enroll in an Institution of Higher Education to apply to the chief administrator of the District Charter School, Institute Charter School, or high school of the BOCES for approval of Concurrent Enrollment. 2.01(2) A standard Concurrent Enrollment application form shall include, but need not be limited to, the following:

(a) A list of all the courses in which the Qualified Student intends to enroll, including the number of academic credit hours the Qualified Student would receive from the Institution of Higher Education upon successful completion of each course;

(b) Confirmation of the number of credits for which the Local Education Provider agrees to pay;

(c) Verification that the following requirements have been met:

(i) The Qualified Student has been advised by the Local Education Provider regarding Concurrent Enrollment participation if available, at the Local education Provider level;

(ii) Each course is consistent with the Qualified Student’s Individual Career and Academic Plan (ICAP);

(iii) The Qualified Student meets the same prerequisites as students enrolled in the Institution of Higher Education; and (iv) Each course satisfies Postsecondary Education degree, certificate or developmental education requirements at the Institution of Higher Education.

(d) Assurance of consent by the Qualified Student and parent or legal guardian to the following:

(i) If the Qualified Student receives a failing grade or an “Incomplete” or withdraws in one or more courses after the designated drop period, the student and parent or legal guardian may be responsible to the sponsoring Local Education Provider for payment for the respective course(s);

(ii) The grade received will appear on the district’s official high school and postsecondary transcripts for the Qualified Student (iii) If the Qualified Student withdraws from a course after the designated drop period, the official high school and postsecondary transcripts will reflect a “Withdraw” or “F” for that course;

(iv) The Qualified Student gives permission to the Institution of Higher Education to provide information to the Local Education Provider in compliance with the Family Educational Rights and Privacy Act (FERPA) of 1974 as it relates to the successful completion of the postsecondary course;

(v) The Qualified Student will register for the College Opportunity Fund (COF) stipend and understands that credits earned will be deducted from the COF lifetime account (145.0 credit hours) for courses being taken at Institutions of Higher Education that participate in the College Opportunity Fund, with the exception of developmental education credits;

(vi) When applicable, the Qualified Student authorizes the transfer of the College Opportunity Fund (COF) stipend to the Institution of Higher Education pursuant to

section 23-18-202 (5)(c)(I)(B), C.R.S.;

(vii) The Local Education Provider is authorized to release the State Assigned Student Identifier (SASID) for the purpose of COF, to the Institution of Higher Education if the Institution of Higher Education receives COF funding; 2.02 Guidelines for Approving or Disapproving Academic Plans of Study. 2.02(1) A Qualified Student who seeks to concurrently enroll in an Institution of Higher Education shall establish, in consultation with the administration of his or her Local Education Provider, an academic plan of study that describes all of the courses that the student intends to complete to satisfy his or her remaining requirements for graduation from the Local Education Provider. Prior to the Qualified Student’s Concurrent Enrollment in the Institution of Higher Education, the principal, a counselor, or a teacher advisor of the Qualified Student’s Local Education Provider shall approve the academic plan of study. 2.02(2) The academic plan of study described in (1) of this Rule must include, at a minimum:

(a) A description of the courses that the student intends to complete to satisfy his or her remaining requirements for graduation from the Local Education Provider;

(b) The Qualified Student’s academic progress including the courses taken, any remediation or credit recovery and any Concurrent Enrollment credits earned;

(c) An intentional sequence of courses reflecting progress toward accomplishment of the Qualified Student’s postsecondary and workforce objectives;

(d) Assessment scores relevant to the student’s postsecondary and workforce objectives; and (e) A timeline for the Qualified Student to sign up for the ASCENT program prior to September 1 of the student’s twelfth-grade year. 2.03 Reporting Requirements for ASCENT Program Participants. 2.03(1) In calculating and reporting the completion of high school graduation requirements by Qualified Students who have been designated by the Department as ASCENT program participants, Local Education Providers shall, at a minimum:

(a) Meet the reporting requirements relating to the provisions of Article 7 of Title 22 of C.R.S., concerning educational accountability, which shall include 4th, 5th, and 6th year graduation requirements;

(b) Meet the reporting requirements relating to the provisions of Article 11 of Title 22 of C.R.S., concerning educational accountability;

(c) Provide financial information as described in section 2.03 (2) below; and (d) Provide pupil enrollment information as described in section 2.03(3) below. 2.03(2) Financial Transparency and Accountability for Concurrent Enrollment Participants:

(a) Consistent with the “Guidelines for Creating Standard Concurrent Enrollment Application Forms” (2.01), the Local Education Provider shall report financial information to the Department to ensure accurate information for students participating in Concurrent Enrollment programs are appropriately captured in pupil counts and accurately funded pursuant to the Public School Finance Act of 1994.

(b) A standard Concurrent Enrollment report from the Local Education Provider to the Department shall include, but need not be limited to, the following:

(i) A list of all the courses in which the Qualified Students intends to enroll;

(ii) Documentation of the amount of academic credit to be granted for course work successfully completed by the Qualified Students concurrently enrolled in the Institution of Higher Education; and (iii) Confirmation of the number of credits that the Local Education Provider agrees to pay. 2.03(3) Pupils enrolled in the ASCENT Program:

(a) A pupil enrolled in the ASCENT program through a Local Education Provider, and who is enrolled and participating in such program on October 1 within the applicable budget year, and who is enrolled in less than twelve credit hours of postsecondary courses, including academic courses and career and technical education courses through such program, shall be counted and included in the district ASCENT program pupil enrollment as a part-time pupil;

(b) A pupil enrolled in the ASCENT program through a Local Education Provider, and who is enrolled and participating in such program on October 1 within the applicable budget year, and who is enrolled in at least twelve credit hours of postsecondary courses, including academic courses and career and technical education courses through such program, shall be counted and included in the district ASCENT program pupil enrollment as a full-time pupil; and (c) For purposes of funding, a Local Education Provider’s ASCENT program pupils shall be funded on a part-time or full-time basis – based on criteria in 2.03(a) or (b) – pursuant to rates defined by section 22-54-104(4.7), C.R.S. 2.04 Number of Postsecondary Credits for Enrollment Status 2.04(1) Full-time: A qualified student concurrently enrolled in 12 postsecondary credits or more as of the pupil enrollment count date, as evidenced only by the district’s or institute charter school’s nonrefundable obligation to pay the student share of tuition for the postsecondary course on behalf of the student, shall be counted and included as a full-time pupil for purposes of the “Public School Finance Act of 1994”, article 54 of title 22. 2.04(2) Part-time: A qualified student concurrently enrolled in 3-11 postsecondary credits as of the pupil enrollment count date as evidenced only by the district’s or institute charter school’s nonrefundable obligation to pay the student share of tuition for the postsecondary course on behalf of the student, shall be counted and included as a part-time pupil for purposes of the “Public School Finance Act of 1994”, article 54 of title 22. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/30/2010.

Entire rule eff. 09/30/2012.

Rules 2.00(5), 2.00(7), 2.01(2)(c)(iv), 2.01(2)(d)(v), 2.04 eff. 07/30/2020.

1 CCR 301-87 Rules for the Administration of a Statewide System to Evaluate the Effectiveness of Licensed Personnel Employed by School Districts and Boards of Cooperative Education Services {#sec-1-ccr-301-87 omnilex-key=us-co-regs-official--department-4--1 CCR 301-87}

DEPARTMENT OF EDUCATION

RULES FOR ADMINISTRATION OF A STATEWIDE SYSTEM TO EVALUATE THE EFFECTIVENESS

OF LICENSED PERSONNEL EMPLOYED BY SCHOOL DISTRICTS AND BOARDS OF

COOPERATIVE SERVICES

1 CCR 301-87 [Editor's Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 0.0 STATEMENT OF BASIS AND PURPOSE These rules are promulgated pursuant to Colorado Revised Statutes sections 22-9-104(2), 22-9-104(3) and 22-9-105.5(10). Section 22-9-101, C.R.S., et seq. creates a system to evaluate the effectiveness of licensed personnel in school districts and boards of cooperative services throughout the state as a means of improving the quality of education in Colorado.

The basic purposes of the statewide system to evaluate the effectiveness of licensed personnel are:

• To ensure that all Licensed Personnel are evaluated using multiple, fair, transparent, timely, rigorous, and valid methods, is determined by Measures of Student Learning.;

• To ensure that all licensed personnel receive adequate feedback and professional development support to provide them a meaningful opportunity to improve their effectiveness; and • To ensure that all licensed personnel are provided the means to share effective practices with other educators throughout the state.

1.0 DEFINITIONS 1.1 “Administrator” means any person who administers, directs, or supervises the education instructional program, or a portion thereof, in any school or school district in the state and/or a person who is otherwise defined as an Administrator by their employing school, school district or BOCES. Administrator does not include a Principal or Teacher. 1.2 “BOCES” or “board of cooperative services” has the same meaning as provided in section 22-5- 103(2), C.R.S. 1.3 “Colorado Academic Standards” mean the standards adopted by the State Board pursuant to

section 22-7-1005, C.R.S that identify the knowledge and skills that a student should acquire as the student progresses from preschool through elementary and secondary education and include English language proficiency standards. Section 22-7-1013, C.R.S., requires each local education provider to ensure that its preschool through elementary and secondary education standards meet or exceed the Colorado Academic Standards. When referenced in these rules, the Colorado Academic Standards may be substituted with these locally adopted standards. 1.4 “Department” means the Colorado Department of Education. 1.5 “Educator” see definition for “Licensed Personnel”. 1.6 “Element” means the detailed description of knowledge and skills that contribute to effective teaching and leading, and which corresponds to a particular Principal Quality Standard, Teacher Quality Standard, or Special Services Provider Quality Standard. 1.7 “Licensed Personnel” or “Licensed Person” means a person who is employed to instruct students, to provide professional services to students in direct support of the education instructional program or to administer, direct, or supervise the instructional program in a school in the state and who holds a valid license or authorization pursuant to the article 60.5 of title 22, Colorado Revised Statutes and is employed in a position requiring such license or authorization. Licensed Personnel include Teachers, Principals (which includes Assistant Principals by its definition), Administrators, and Special Service Providers who meet these qualifications for Licensed Personnel. In these rules, Licensed Personnel are also referred to as “Educators.” A school district or BOCES have discretion to include certain employees in their Licensed Personnel evaluation systems even if they are not required to be evaluated by these rules or statute. 1.8 “Measures of Student Learning” or “MSLs” mean the methods used by school districts and BOCES for measuring Student Academic Growth. 1.9 “Measures of Student Outcomes” mean the methods used by school districts and BOCES for measuring student outcomes in order to evaluate Special Services Providers. Measures are not limited to academic measures and may include measures focused on increasing access to learning since these educators may concentrate on non-academic factors that affect overall student well-being. 1.10 “Performance Evaluation Rating” means the summative evaluation rating assigned by a school district or BOCES to licensed personnel and reported to the Department on an annual basis. It is the equivalent of a “performance standard,” as defined in section 22-9-103(2.5), C.R.S. 1.11 “Principal” means a person who is employed as the chief executive officer (e.g., principal) or an assistant chief executive officer of a school (e.g. assistant principal) in the state and who administers, directs, or supervises the education program in the school. 1.12 “Principal Professional Performance Plan” means the plan required by section 22-9-105.5(3)(a.5), C.R.S., and is a written agreement developed by a Principal and school district administration or local school board that outlines the steps to be taken to improve the Principal's effectiveness. The Principal Professional Performance Plan must include professional development opportunities. 1.13 “Principal Quality Standard” means the Professional Practices or the Measures of Student Learning needed to achieve effectiveness as a Principal. 1.14 “Principal Evaluation System” means the complete evaluation system that all school districts and BOCES must use to evaluate Principals employed by them. The complete Principal Evaluation System includes the following components: (i) definition of Principal Effectiveness set forth in

section 2.1 of these rules, (ii) the Principal Quality Standards described in section 2.2 of these rules, (iii) Measures of Student Learning described in section 5.1 (D) (3), (iv) required elements of a written evaluation system described in section 5.1 of these rules, and (v) the weighting and aggregation of evidence of performance that are used to assign a Principal to one of four Performance Evaluation Ratings as described in section 2.3 of these rules. 1.15 “Professional Practice” means the behaviors, skills, and knowledge that educators should exhibit.

Teacher Quality Standards, Principal Quality Standards, and Special Services Provider Quality Standards reflect the Professional Practice expectations for educators in Colorado. 1.16 “School District” or “District” means a school district organized pursuant to article 30 of title 22, 1.17 “Special Services Provider” or “SSP” refers to any person licensed under § 22-60.5-201 and employed in a position requiring an SSP license or authorization., 1.18 “Special Services Providers Quality Standards” means the Professional Practices or Measures of Student Outcomes needed to achieve effectiveness as a special services provider. 1.19 “State Board” means the State Board of Education established pursuant to Section 1 of Article IX of the state constitution. 1.20 “State Model System” means the personnel evaluation system and supporting resources developed by the Department, which meets all of the requirements for local personnel evaluation systems that are outlined in statute and rule. 1.21 “Statewide Summative Assessments” mean the assessments administered pursuant to the Colorado student assessment system of assessments adopted by the State Board pursuant to

section 22-7-1006, C.R.S. 1.22 “Student Academic Growth” means the change in student achievement against Colorado Academic Standards for individual students between two or more points in time; however, it can be measured in other ways as described below. For Principal and Teacher evaluation systems, there should be multiple measures to assess Student Academic Growth. One of those measures may be the results of statewide summative assessments. Student Academic Growth may also include other standards-based measures that are rigorous and comparable across classrooms of similar content areas and levels. As set forth below, a limited portion of Student Academic Growth may be based on the performance of all students at a school in which a Teacher or Principal is employed. Student Academic Growth also may include gains in progress towards postsecondary and workforce readiness, which, for Principals, may include performance outcomes for successive student cohorts. Student Academic Growth may include progress toward academic and functional goals included in an individualized education program and/or progress made towards Student Academic Growth Objectives. For the purposes of measuring effectiveness, expectations of student academic growth must take into consideration diverse factors, including but not limited to special education, student mobility, and classrooms with a student population in which ninety-five percent meet the definition of high-risk student as defined in section 22-7- 604.5(1.5). 1.23 “Student Academic Growth Objectives” mean a participatory method of setting measurable goals, or objectives for a specific assignment or class, in a manner aligned with the subject matter taught, and in a manner that allows for the evaluation of the baseline performance of students and the measurable gain in student performance during the course of instruction. 1.24 “Teacher” means a person who holds an alternative, initial, or professional teacher license issued pursuant to the provisions of article 60.5 of title 22 and who is employed by a school district, BOCES, or charter school in the state to instruct students. 1.25 “Teacher Evaluation System” means the complete evaluation system that all school districts and BOCES must use to evaluate teachers employed by them. A diagram of the complete Teacher Evaluation System includes the following component parts: (i) definition of Teacher Effectiveness set forth in section 3.01 of these rules; (ii) the Teacher Quality Standards described in section 3.02 of these rules; (iii) Measures of Student Learning described in section 5.01 (D)(7); (iv) required elements of a written evaluation system described in section 5.01 of these rules; (v) the weighting and aggregation of evidence of performance to assign a Teacher to one; and (vi) the opportunity to appeal an ineffective rating as contemplated in section 22-9-105.5(3)(e)(VII), 1.26 “Teacher Development Plan” means the plan required by section 22-9-105.5(3)(a), C.R.S., defined in section 22-9-103(6), C.R.S. It is a written agreement mutually developed by a Teacher and their Principal that outlines the steps to be taken to improve the Teacher’s effectiveness. The plan may include consideration of induction and mentorship programs, use of highly effective teachers as instructional leaders or coaches, and appropriate professional development activities. 1.27 “Teacher Quality Standard” means the Professional Practices or the Measures of Student Learning needed to achieve effectiveness as a teacher. 1.28 “Unified Improvement Plan” means the school plan required pursuant to section 22-11-210, 2.0 PRINCIPALS: DEFINITION OF EFFECTIVENESS, QUALITY STANDARDS AND PERFORMANCE EVALUATION RATINGS 2.1 Definition of Principal Effectiveness: Effective Principals in the state of Colorado are responsible for the collective success of their schools, including the learning, growth and achievement of both students and staff. Effective Principals are adept at creating systems that maximize the utilization of resources, foster collaboration and facilitate constructive change. By creating a common vision and articulating shared values, effective Principals lead and manage their schools in a manner that supports schools' ability to promote equity and continually improve their positive impact on students and families. As the schools' primary instructional leaders, effective Principals enable collaborative communication and reflection based on data to inform curriculum, instruction, and assessment and create structures to facilitate improvement. Effective Principals model ethical behavior and continuously reflect on their practice in order to improve systems that support student learning 2.2 Principal Quality Standards.

The Principal Quality Standards outline the knowledge and skills required of an effective Principal and will be used to evaluate Principals in the state of Colorado. All school districts and BOCES must base their evaluations of their Principals on either the full set of Principal Quality Standards and associated elements included below or must adopt their own locally developed standards that meet or exceed the Principal Quality Standards and Elements. A school district or BOCES that adopts its own locally developed standards must crosswalk those standards to the Principal Quality Standards and Elements, so that the school district or BOCES is able to report the data required by section 6.1 of these rules. 2.2 (A) Quality Standard I: Principals demonstrate organizational leadership by strategically developing a vision and mission, leading change, enhancing the capacity of personnel, distributing resources, and aligning systems of communication for continuous school improvement. 2.2 (A) (1) Element A: Principals collaboratively develop the vision, mission, and strategic plan, based on a cycle of continuous improvement of student outcomes, and facilitate their integration into the school community. 2.2 (A) (2) Element B: Principals collaborate with staff and stakeholders to implement strategies for change to improve student outcomes. 2.2 (A) (3) Element C: Principals establish and effectively manage systems that ensure high-quality staff. 2.2 (A) (4) Element D: Principals establish systems and partnerships for managing all available school resources to facilitate improved student outcomes. 2.2 (A) (5) Element E: Principals facilitate the design and use of a variety of communication strategies with all stakeholders. 2.2 (B) Quality Standard II: Principals demonstrate inclusive leadership practices that foster a positive school culture and promote safety and equity for all students, staff, and community. 2.2 (B) (1) Element A: Principals create a professional school environment and foster relationships that promote staff and student success and well-being. 2.2 (B) (2) Element B: Principals ensure that the school provides an orderly, and supportive environment that fosters a sense of safety and well-being. 2.2 (B) (3) Element C: Principals commit to an inclusive and positive school environment that meets the needs of all students and promotes the preparation of students to live productively and contribute to the diverse cultural contexts of a global society. 2.2 (B) (4) Element D: Principals create and utilize systems to share leadership and support collaborative efforts throughout the school. 2.2 (B) (5) Element E: Principals design and/or utilize structures and processes which result in family and community engagement and support. 2.2 (C) Quality Standard III: Principals demonstrate instructional leadership by: aligning curriculum, instruction and assessment; supporting professional learning; conducting observations; providing actionable feedback; and holding staff accountable for student outcomes. 2.2 (C) (1) Element A: Principals establish, align, and ensure implementation of a district/BOCES plan of instruction, instructional practices, assessments, and use of student data that result in Student Academic Growth and achievement for all students. 2.2 (C) (2) Element B: Principals foster a collaborative culture of job- embedded professional learning. 2.2 (C) (3) Element C: Principals demonstrate knowledge of effective instructional practice and provide feedback to promote continuous improvement of teaching and learning. 2.2 (C) (4) Element D: Principals hold staff accountable for setting and achieving measurable student outcomes. 2.2 (D) Quality Standard IV: Principals demonstrate professionalism through ethical conduct, reflection, and external leadership. 2.2 (D) (1) Element A: Principals demonstrate high standards for professional conduct. 2.2 (D) (2) Element B: Principals link professional growth to their professional goals. 2.2 (D) (3) Element C: Principals build and sustain productive partnerships with key community stakeholders, including public and private sectors, to promote school improvement, student learning, and student well-being. 2.3 Performance Evaluation Ratings for Principals. The following four Performance Evaluation Ratings for principals must be used statewide: ineffective, partially effective, effective, and highly effective. The Department must develop a scoring method for assigning ratings to as a part of the State Model System and must provide guidelines for evaluating Principals who are consistently rated highly effective.

School districts and BOCES may use this scoring method or may adopt their own scoring method, provided they ensure that each of the Principal Quality Standards have a measurable influence on the final Professional Practice score assigned to principals.

3.0 TEACHERS: DEFINITION OF EFFECTIVENESS, QUALITY STANDARDS, AND

PERFORMANCE EVALUATION RATINGS 3.1 Definition of Teacher Effectiveness. Effective teachers in the state of Colorado have the knowledge, skills, and commitments needed to provide excellent and equitable learning opportunities and growth for all students. They strive to support growth and development, close achievement gaps and to prepare diverse student populations for postsecondary and workforce success. Effective teachers facilitate mastery of content and skill development and employ and adjust evidence-based strategies and approaches for students who are not achieving mastery and students who need acceleration. They also develop in students the skills, interests and abilities necessary to be lifelong learners, as well as for democratic and civic participation.

Effective teachers communicate high expectations to students and their families and utilize diverse strategies to engage them in a mutually supportive teaching and learning environment.

Because effective teachers understand that the work of ensuring meaningful learning opportunities for all students cannot happen in isolation, they engage in collaboration, continuous reflection, ongoing learning, and leadership within the profession. 3.2 Teacher Quality Standards. The Teacher Quality Standards outline the knowledge and skills required of an effective Teacher and will be used to evaluate teachers in the state of Colorado. All school districts and BOCES must base their evaluations of licensed classroom teachers on the full set of Teacher Quality Standards and associated detailed Elements included below or must adopt their own locally developed standards that meet or exceed the Teacher Quality Standards and Elements. School districts and BOCES that adopt their own locally developed standards must crosswalk those standards to the Teacher Quality Standards and Elements, so that the school district or BOCES is able to report the data required by section 6.1 of these rules. 3.2 (A) Quality Standard I: Teachers demonstrate mastery of and pedagogical expertise in the content they teach. The elementary teacher is an expert in literacy and mathematics and is knowledgeable in all other content that he or she teaches (e.g., science, social studies, arts, physical education, or world languages). The secondary teacher has knowledge of literacy and mathematics and is an expert in his or her content endorsement area(s). 3.2 (A) (1) Element A: Teachers provide instruction that is aligned with the Colorado Academic Standards and their districts’ organized plan of instruction. 3.2 (A) (2) Element B: Teachers develop and implement lessons that connect to a variety of content areas/disciplines and emphasize literacy and mathematics. 3.2 (A) (3) Element C: Teachers demonstrate knowledge of the content, central concepts, inquiry, appropriate evidence-based instructional practices, and specialized characteristics of the disciplines being taught. 3.2 (B) Quality Standard II: Teachers establish a safe, inclusive, and respectful learning environment for a diverse population of students. 3.2 (B) (1) Element A: Teachers foster a predictable learning environment characterized by acceptable student behavior and efficient use of time in which each student has a positive, nurturing relationship with caring adults and peers. 3.2 (B) (2) Element B: Teachers demonstrate an awareness of, a commitment to, and respect for multiple aspects of diversity, while working toward common goals as a community of learners. 3.2 (B) (3) Element C: Teachers engage students as individuals, including those with diverse needs and interests, across a range of ability levels by adapting their teaching for the benefit of all students. 3.2 (B) (4) Element D: Teachers work collaboratively with the families and/or significant adults for the benefit of students. 3.2 (C) Quality Standard III: Teachers plan and deliver effective instruction and create an environment that facilitates learning for their students. 3.2 (C) (1) Element A: Teachers demonstrate knowledge about the ways in which learning takes place, including the levels of intellectual, physical, social, and emotional development of their students. 3.2 (C) (2) Element B: Teachers use formal and informal methods to assess student learning, provide feedback, and use results to inform planning and instruction. 3.2 (C) (3) Element C: Teachers integrate and utilize appropriate available technology to engage students in authentic learning experiences. 3.2 (C) (4) Element D: Teachers establish and communicate high expectations and use processes to support the development of critical-thinking and problemsolving skills. 3.2 (C) (5) Element E: Teachers provide students with opportunities to work in teams and develop leadership. 3.2 (C) (6) Element F: Teachers model and promote effective communication. 3.2 (D) Quality Standard IV: Teachers demonstrate professionalism through ethical conduct, reflection, and leadership. 3.2 (D) (1) Element A: Teachers demonstrate high standards for professional conduct. 3.2 (D) (2) Element B: Teachers link professional growth to their professional goals. 3.2 (D) (3) Element C: Teachers are able to respond to a complex, dynamic environment. 3.2 (D) (4) Element D: Teachers demonstrate leadership in the school, the community, and the teaching profession. 3.3 Performance Evaluation Ratings for Teachers. The following four Performance Evaluation Ratings for teachers must be used statewide: ineffective, partially effective, effective, and highly effective. The Department must develop a scoring method for assigning ratings as a part of the State Model System and must provide guidelines for evaluating teachers who are consistently rated highly effective.

School districts and BOCES may use the scoring method developed by the Department or may adopt their own scoring method, provided they ensure that each Performance Evaluation Rating is based thirty percent on Measures of Student Learning and that each of the Teacher Quality Standards (Professional Practice) has a measurable influence on the final Performance Evaluation Rating.

School districts and BOCES must assign one of the Teacher Performance Evaluation Ratings to each teacher in a written evaluation report. As required by section 22-9-106 (3), C.R.S., all evaluation reports must contain a written improvement plan, that must be specific as to what improvements, if any, are needed in the performance of the teacher and clearly sets forth recommendations for improvements, including recommendations for additional education and training during the teacher’s license renewal process. As required by section 22-9-105.5 (3) (a), C.R.S., each teacher must be provided with an opportunity to improve their effectiveness through a teacher development plan that links their evaluation and performance standards to professional development opportunities.

The following status implications apply for each Teacher Performance Evaluation Rating. These status implications do not apply to at-will employees. 3.3 (A) Ineffective. 3.3 (A) (1) A teacher whose performance is deemed ineffective must receive written notice that their Performance Evaluation Rating shows a rating of ineffective and includes a copy of the documentation relied upon in measuring their performance and identification of deficiencies. 3.3 (A) (2) Implications for earning or losing nonprobationary status: A nonprobationary teacher who is rated ineffective or partially effective for two consecutive years loses nonprobationary status. 3.3 (B) Partially Effective. 3.3 (B) (1) Implications for earning or losing nonprobationary status: A nonprobationary teacher who is rated partially effective or ineffective for two consecutive years loses nonprobationary status. Nonprobationary status is only lost if the teacher is rated partially effective or ineffective during the year directly after the first rating of partially effective or ineffective. 3.3 (C) Effective. 3.3 (C) (1) Implications for earning or losing nonprobationary status: A probationary teacher may earn nonprobationary status after a minimum of three consecutive years of earning a rating of effective or highly effective. A nonprobationary teacher must maintain an effective rating to retain nonprobationary status. Two consecutive ratings below effective results in the loss of nonprobationary status. 3.3 (D) Highly Effective. 3.3 (D) (1) Implications for earning or losing nonprobationary status: For the purposes of gaining or losing nonprobationary status, a rating of highly effective has the same implications as a rating of effective.

4.0 SPECIAL SERVICES PROVIDERS: DEFINITION OF EFFECTIVENESS, QUALITY

STANDARDS, AND PERFORMANCE EVALUATION RATINGS 4.1 Definition of Special Services Providers Effectiveness. Effective SSPs in the state of Colorado are vital members of the education team and have the knowledge and skills necessary to ensure that diverse student populations have equitable access to academic instruction and participation in school-related activities. Effective SSPs develop and/or implement evidencebased services or specially designed instruction to meet the unique needs of their students. They support growth and development to close achievement gaps and prepare students for postsecondary and workforce success. They have a deep understanding of the interconnectedness of the home, school and community and collaborate with all members of the education team to strengthen those connections. Through reflection, advocacy, and leadership, they enhance the outcomes and development of their students. 4.2 Special Services Providers Quality Standards. The SSP Quality Standards outline the knowledge and skills required for effective special services providers practice and will be used to evaluate SSPs in the state of Colorado. All school districts and BOCES must base their evaluations of SSPs on the full set of SSP Quality Standards and associated detailed descriptions of knowledge and skills (also known as “Elements”). School districts and BOCES must either adopt the state Quality Standards and Elements or adopt a locally developed set of quality standards and elements that meet or exceed the state standards and elements, as determined by the Department. While there is a single set of SSP Quality Standards which apply to all licensure categories of SSPs, school districts and BOCES must ensure that the tools used to evaluate these providers adequately differentiate the Professional Practices for each category of SSP. 4.2 (A) Quality Standard I: Special services providers demonstrate mastery of and expertise in the domain for which they are responsible. 4.2 (A) (1) Element A: Special services providers provide services aligned with state and federal laws, local policies and procedures, Colorado Academic Standards, their district’s organized plans of instruction and the individual needs of their students. 4.2 (A) (2) Element B: Special services providers demonstrate knowledge of effective services that reduce barriers to and support learning. 4.2 (A) (3) Element C: Special services providers demonstrate knowledge of their professions and integrate evidence-based practices and research findings into their services. 4.2 (B) Quality Standard II: Special services providers support or establish safe, inclusive, and respectful learning environments for a diverse population of students. 4.2 (B) (1) Element A: Special services providers foster a safe, accessible, and predictable learning environment characterized by acceptable student behavior and efficient use of time in which each student has a positive, nurturing relationship with caring adults and peers. 4.2 (B) (2) Element B: Special services providers understand and respond to diversity within the home, school, and community. 4.2 (B) (3) Element C: Special services providers engage students as individuals with diverse needs and interests, across a range of ability levels by adapting services for the benefit of students. 4.2 (B) (4) Element D: Special services providers work collaboratively with the families, and/or significant adults for the benefit of students. 4.2 (C) Quality Standard III: Special services providers plan and deliver effective services in an environment that facilitates learning for their students. 4.2 (C) (1) Element A: Special services providers apply knowledge of the ways in which learning takes place, including the appropriate levels of intellectual, physical, social, and emotional development of their students. 4.2 (C) (2) Element B: Special services providers utilize formal and informal assessments to inform planning and service delivery. 4.2 (C) (3) Element C: Special services providers integrate and utilize appropriate available technology to engage students in authentic learning experiences. 4.2 (C) (4) Element D: Special services providers establish and communicate high expectations and use strategies to support the development of critical- thinking, problem-solving skills, and self-advocacy. 4.2 (C) (5) Element E: Special services providers develop and implement services related to student needs, learning, and progress towards goals. 4.2 (C) (6) Element F: Special services providers model and promote effective communication. 4.2 (D) Quality Standard IV: Special services providers demonstrate professionalism through ethical conduct, reflection, and leadership. 4.2 (D) (1) Element A: Special services providers demonstrate high standards for ethical and professional conduct. 4.2 (D) (2) Element B: Special services providers link professional growth to their professional goals. 4.2 (D) (3) Element C: Special services providers are able to respond to a complex, dynamic environment. 4.2 (D) (4) Element D: Special service providers demonstrate leadership and advocacy in the school, the community, and their profession. 4.3 Performance Evaluation Ratings for Special Services Providers. The following four Performance Evaluation Ratings for SSPs must be used statewide: ineffective, partially effective, effective, and highly effective.

The Department must develop a scoring method for assigning ratings as a part of the State Model System and must provide guidelines for evaluating SSPs who are consistently rated highly effective. School districts and BOCES may use the scoring method developed by the Department or may adopt their own scoring method, provided they ensure that each of the SSP Professional Practices has a measurable influence on the final Professional Practice score assigned to SSPs.

While school districts and BOCES annually must assign a Performance Evaluation Rating to each licensed SSP, school districts and BOCES have discretion to determine how these ratings will be used for purposes of employment contracts, employee retention, and/or the assignment of probationary or nonprobationary status, if applicable.

Supervisors must clearly communicate to SSPs the consequences of each category of Performance Evaluation Rating, including how each SSP’s assigned rating contributes to the loss or gain of nonprobationary status for that SSP, if the employer decides in its discretion to award probationary or nonprobationary status to its SSPs. 4.4 Local Systems for Evaluating Special Services Providers 4.4 (A) School districts and BOCES are strongly encouraged to involve providers with relevant expertise in the evaluation of each SSP in their first three years of practice, for any evaluation of an SSP that will be relied upon for decisions concerning job protection status, and once for every third annual evaluation for all other SSPs. If a school district or BOCES chooses to involve such providers, the following practices are recommended: 4.4 (A) (1) The participation of such providers may consist of observations, review of documents or data relevant to the evaluation, interviews with educators, parents, and/or students, and/or any other review that relates to the performance of the SSP and is appropriate and informative for the evaluation of the SSP. 4.4 (A) (2) For each evaluation in which they participate, school districts and BOCES are encouraged to ensure that such providers have participated in one of the trainings in evaluation skills described in section 5.3 (B) of these rules and meet at least one of the following requirements: 4.4 (A) (2) (a) credential and/or license and work experience in the same domain as the SSP being evaluated; 4.4 (A) (2) (b) if currently working in the field, a Performance Evaluation Rating of effective or highly effective; and/or 4.4 (A) (2) (c) thorough knowledge about professional expectations and responsibilities, aligned to the SSP Quality Standards. 4.4 (A) (3) In advance of the SSP’s evaluation, the SSP’s supervisor is encouraged to establish the role of any expert’s participation in the evaluation. 4.4 (A) (4) As a part of the expert’s participation in the evaluation process, the expert is encouraged to contribute to actionable feedback for the SSP and must provide the SSP’s supervisor(s) with support designed to advance the supervisor(s)’s knowledge of professional expectations and context. 4.4 (B) A school district’s or BOCES’ policies for evaluating SSPs may reflect a determination that different categories of SSPs or SSPs for whom evaluation results will have greater consequences require varying degrees of evaluation and support. 4.4 (C) In developing their written local system for the evaluation of licensed personnel, school districts and BOCES are encouraged to do the following: 4.4 (C) (1) collaborate with SSPs, including representatives of relevant local associations or federations, if they exist, in the selection of the measures to be used for SSP evaluations, to ensure that these measures are relevant and appropriate; 4.4 (C) (2) include an SSP as a member of the school district’s or BOCES’ advisory personnel performance evaluation council and the district advisory council described in section 5.2 of these rules; 4.4 (C) (3) gather student perceptions of their support experiences, not only as a measure of professional practice for purposes of formal evaluation, but also to provide SSPs with ongoing, informal feedback; and 4.4 (C) (4) consult with principals in determining the role that SSP final Performance Evaluation Ratings will play in a principal’s Performance Evaluation Rating. 4.5 Supporting Implementation of Local Systems for Evaluating Special Services Providers. 4.5 (A) The Department will maintain resources that support school districts and BOCES in the design, implementation, and ongoing support of their SSP evaluation systems, and that includes a broad array of materials applicable to multiple SSP contexts. 4.5 (B) The Department is strongly encouraged to establish a pool of providers with field expertise who are willing to support the evaluation of SSPs in the manner described in

section 4.4 (A) of these rules. School districts and BOCES may use this pool as a resource if they choose to involve these providers in the evaluation of SSPs.

5.0 PERFORMANCE EVALUATION SYSTEMS: DUTIES AND POWERS OF LOCAL SCHOOL

BOARDS AND BOARDS OF COOPERATIVE EDUCATION SERVICES 5.1 Required Components of Written Local Evaluation System. Every school district and BOCES must adopt either the State Model System or a locally-developed evaluation system that includes the following components of the State Model System: 5.1 (A) The purposes of the evaluation system, including, but not limited to, the following: 5.1 (A) (1) providing a basis for the improvement of instruction; 5.1 (A) (2) enhancing implementation of programs of curriculum; 5.1 (A) (3) providing the measurement of satisfactory performance for individual licensed personnel and serving as documentation for an unsatisfactory performance dismissal proceeding under article 63 of title 22; and 5.1 (A) (4) serving as a measurement of the professional growth and development of licensed personnel. 5.1 (B) The licensed personnel positions to be evaluated, which includes all teachers, including

part-time as defined in section 22-63-103(6), C.R.S., SSPs, administrators, and principals; 5.1 (C) The title or position of the evaluator for each position to be evaluated; 5.1 (D) Evaluating Licensed Personnel. The standards set by the local school board or BOCES for effective performance for licensed personnel and the criteria to be used to evaluate the performance of each licensed person against such standards, consistent across types of licensed personnel. Though the selected criteria may vary among categories of personnel, to reflect the diversity of students, the evaluation system must apply consistent criteria to each category of personnel, including the various categories of principals, teachers, and SSPs; 5.1 (D) (1) Principal Effectiveness and Principal Quality Standards. The definition of principal effectiveness, included in section 2.1 of these rules, and either the Principal Quality Standards and associated Elements, included in

section 2.2 of these rules, or locally adopted standards that meet or exceed the Principal Quality Standards and Elements. 5.1 (D) (2) Method for Evaluating Principal Performance on Professional Practice. A description of the method for evaluating principals’ Professional Practice, which method must include data collection for multiple measures on multiple occasions.

School districts and BOCES are encouraged to experiment, with agreement from their personnel performance evaluation councils, with innovative methods of observation, which may include and not be limited to the use of observations by mentors and peers. 5.1 (D) (2) (a) Required Measures of Principal Professional Practice. School districts and BOCES must measure principal performance against Quality Standards I–IV using tools that capture information about the following: (i) input from teachers employed at the principal’s school, provided that clear expectation is established prior to collection of the data that at least one of the purposes of collecting the input is to inform an evaluation of the principal’s performance and provided that systems are put in place to ensure that the information collected remains anonymous and confidential; and (ii) the percentage and number of teachers in the school who are rated as: highly effective, effective, partially effective, and ineffective; and the number and percentage of teachers who are improving their performance, in comparison to the goals articulated in the principal’s Professional Performance Plan. 5.1 (D) (2) (b) Additional Measures of Principal Professional Practice. In addition to the required measures of Professional Practice, school districts and BOCES may also use other sources of evidence regarding a principal’s Professional Practice. School districts and BOCES are strongly encouraged to use measures, where appropriate, that capture evidence about the following: (i) student perceptions; (ii) parent/guardian perceptions; and (iii) perceptions of other administrators about a principal’s professional performance. Other measures may include the following: (i) direct observations; and (ii) examination of a portfolio of relevant documentation regarding the principal’s performance against the Principal Quality Standards, which may include, but need not be limited to, professional development strategies and opportunities, evidence of team development, staff meeting notes, school newsletters; content of website pages, award structures developed by the school, master school schedule, or evidence of community partnerships, parent engagement and participation rates, “360 degree” survey tools designed to solicit feedback from multiple stakeholder perspectives, examination of a Unified Improvement Plan, teacher retention data, external review of budgets, and school communications plan. 5.1 (D) (3) Method for Evaluating Principal Performance Related to Student Academic Growth. A description of the method for evaluating principals’ performance related to Student Academic Growth. The Measures of Student Learning used for evaluating principals’ performance must meet the following 5.1 (D) (3) (a) When available, school districts and BOCES must ensure that data included in the school performance framework, required pursuant to

section 22-11- 204, C.R.S., is used to evaluate principal performance.

School districts and BOCES may choose to weight specific components of the school performance framework differently than they are weighted in the school performance framework, depending on the principal’s responsibilities and the performance needs of the school, so long as student longitudinal growth carries the greatest weight. 5.1 (D) (3) (b) School districts and BOCES must incorporate at least one other Measure of Student Learning and must ensure that the Measures of Student Learning selected for principal evaluations are consistent with the Measures of Student Learning used for the evaluation of teachers in each principal’s school, as described in section 5.1 (D) (7) of these rules. 5.1 (D) (3) (c) School districts and BOCES are strongly encouraged to involve principals in a discussion of which of the available Measures of Student Learning are appropriate to the principals’ schools and school improvement efforts. 5.1 (D) (3) (d) Measures of Student Learning must reflect the growth of students in all subject areas and grades, not only those in subjects and grades that are tested using statewide summative assessments and must reflect the broader responsibility a principal has for ensuring the overall outcomes of students in the building. 5.1 (D) (3) (e) School districts and BOCES must seek to ensure that Measures of Student Learning correspond to implementation benchmarks and targets included in the Unified Improvement Plan for the school at which a principal is employed. 5.1 (D) (3) (f) School districts and BOCES must seek to ensure that Measures of Student Learning are valid, meaning that they measure growth towards attainment of the academic standards adopted by the local school board pursuant to section 22-7-1013, C.R.S. and that analysis and inferences from the measures can be supported by evidence and logic. 5.1 (D) (3) (g) School districts and BOCES must seek to ensure that Measures of Student Learning are reliable, meaning that the measures should be reasonably stable over time and in substance and that data from the measures will be sufficient to warrant reasonably consistent inferences. 5.1 (D) (3) (h) Early Childhood - Grade 3. For those principals responsible for students in early childhood education through grade 3, evaluation measures must be consistent with outcomes used as the basis for evaluations for teachers teaching these grade levels, which may include, and are not limited to, assessments of early literacy and/or mathematics shared among members of the school community that may be used to measure student longitudinal growth. 5.1 (D) (3) (i) Grades 4-8. For those principals responsible for students in grades 4-8, a portion of the evaluation for Measures of Student Learning must be based on the results of the Colorado longitudinal growth model, calculated pursuant to section 22-11-203, C.R.S., for subjects tested by statewide summative assessments. The weight of this measure may be increased to reflect the increased proportion of subjects covered by statewide summative assessments over time. A portion of the principal’s evaluation also must be based on other appropriate Measures of Student Learning for students in grades 4-8, which may include, but are not limited to, Measures of Student Learning shared among the evaluated personnel in the school. 5.1 (D) (3) (j) Grades 9-12. For those principals responsible for students in grades 9-12, a portion of the evaluation must be based on the results of the Colorado longitudinal growth model, calculated pursuant to section 22-11-203, C.R.S., for subjects tested by state summative assessments.

To account for the portion of teachers without direct or indirect results from the Colorado longitudinal growth model, a portion of a principal’s growth determination may be based upon appropriate Measures of Student Learning for personnel teaching in subjects and grades not tested by statewide summative assessments, which may include, but are not limited to, Measures of Student Learning shared among evaluated personnel in the school. 5.1 (D) (3) (k) For the evaluation of principals responsible for students in multiple grade spans, school districts and BOCES must select a combination of Measures of Student Learning reflecting the grade levels of all students in the school. 5.1 (D) (3) (l) When compiling Measures of Student Learning to evaluate performance, school districts and BOCES must give the most weight to those measures that demonstrate the highest technical quality and rigor. 5.1 (D) (3) (m) For the evaluation of a principal who has been employed by a school district or BOCES for one school year or less, Measures of Student Learning must not include data that was created prior to the date on which the principal commenced employment with the school district or BOCES. 5.1 (D) (4) Weighting of Performance on Principal Quality Standards. A description of the manner in which performance on each of the Principal Quality Standards will be weighed in assigning a Performance Evaluation Rating.

Measures of Principal Professional Practice must determine seventy percent of a principal’s overall Performance Evaluation Rating, and Measures of Student Learning must determine the other thirty percent of the overall Performance Evaluation Rating. Each of the Principal Quality Standards I-IV (Professional Practice) must have a measurable influence on the overall Performance Evaluation Rating. 5.1 (D) (4) (a) A measure of collectively attributed Student Academic Growth, whether on a school-wide basis or across grades or subjects, must not exceed ten percent of the principal’s evaluation. 5.1 (D) (5) Teacher Effectiveness and Teacher Quality Standards. The definition of teacher effectiveness, included in section 3.1 of these rules, and either the Teacher Quality Standards and associated Elements, included in section 3.2 of these rules, or locally adopted standards that meet or exceed the Teacher Quality Standards and Elements. 5.1 (D) (6) Method for Evaluating Teacher Professional Practice. A description of the method for evaluating teachers’ Professional Practice, which method must include data collection for multiple measures on multiple occasions. School districts and BOCES must collect teacher performance data related to Professional Practice using observations and at least one of the following measures: (a) student perception measures (e.g., surveys), where appropriate and feasible, (b) peer feedback, (c) feedback from parents or guardians; or (d) review of teacher lesson plans or student work samples.

The method for evaluating teachers’ Professional Practice may include additional measures.

In determining how to use the data collected about teacher performance, whether for written evaluation reports or for informal feedback and identification of appropriate professional development, school districts and BOCES must consider the technical quality and rigor of the methods used to collect the data, and the technical quality of the data itself.

School districts and BOCES are encouraged to experiment, with agreement from their personnel performance evaluation councils, with innovative methods of observation, which may include and not be limited to the use of observations by mentors, teaching coaches, peers, department leaders, and video or digital recording. 5.1 (D) (7) Method for Evaluating Teacher Performance Related to Student Academic Growth. A description of the method for evaluating teachers’ performance related to Student Academic Growth.

School districts and BOCES must categorize teachers into appropriate categories based on the availability and technical quality of student assessments available for the courses and subjects taught by those teachers. School districts and BOCES must then choose or develop appropriate Measures of Student Learning to be used in the evaluation of each personnel category.

Student Academic Growth must be measured using multiple measures. When compiling these measures to evaluate performance, school districts and BOCES must consider the relative technical quality and rigor of the various measures.

Measures of Student Learning must include the following: 5.1 (D) (7) (a) A measure of individually attributed Student Academic Growth, meaning that outcomes on that measure are attributed to an individual Teacher; 5.1 (D) (7) (b) A measure of collectively attributed Student Academic Growth, whether on students within a grade level or within the school in which the Teacher is employed, meaning that outcomes on that measure are attributed to at least two licensed personnel which must not exceed ten percent of the teacher’s evaluation; 5.1 (D) (7) (c) When available, statewide summative assessment results may be used for teachers. For the evaluation of a teacher who has been employed by a school district or BOCES for one school year or less, Measures of Student Learning must not include data that was created prior to the date on which the teacher commenced employment with the school district or BOCES; and 5.1 (D) (7) (d) School districts and BOCES are strongly encouraged to involve teachers in a discussion of which of the available measures of Student Academic Growth are appropriate to the teacher’s role and student growth goals. 5.1 (D) (8) Selection of Measures for Evaluating Teacher Performance Related to Student Academic Growth. The method for evaluating Teachers’ performance related to Student Academic Growth is described in section 5.1 (D)

(7) of these rules. These measures must meet the following criteria: 5.1 (D) (8) (a) School districts and BOCES must seek to ensure that Measures of Student Learning are valid, meaning that the measures are aligned with the academic standards adopted by the local school board pursuant to section 22-7-1013, C.R.S. and that analysis and inferences from the measures can be supported by evidence and logic; 5.1 (D) (8) (b) School districts and BOCES must seek to ensure that Measures of Student Learning are reliable, meaning that the measures should be stable over time and in substance and that data from the measures will be sufficient to warrant reasonably consistent inferences; 5.1 (D) (8) (c) In the effort to ensure that Measures of Student Learning are comparable among teachers of similar content areas and grades, school districts and BOCES are strongly encouraged to include teachers in a discussion of which measures are most appropriate to the teachers’ classrooms; and 5.1 (D) (8) (d) For teachers teaching two or more subjects, individual Measures of Student Learning must include Student Academic Growth scores from all subjects for which the teacher is responsible. 5.1 (D) (9) Weighting of Performance on Teacher Quality Standards. A description of the manner in which performance on each of the Teacher Quality Standards will be weighted in assigning teachers to a Performance Evaluation Rating.

Measures of Teacher Professional Practice must determine seventy percent of a teacher’s total overall Performance Evaluation Rating, and Measures of Student Learning must determine the other thirty percent of the overall Performance Evaluation Rating. Each of the Teacher Quality Standards I-IV (Professional Practice) must have a measurable influence on the final Performance Evaluation Rating. 5.1 (D) (10) Special Services Providers Effectiveness and Quality Standards.

The definition of Special Services Providers effectiveness, included in section 4.1 of these rules, and either the Special Services Providers Quality Standards and associated Elements, included in section 4.2 of these rules, or locally adopted standards that meet or exceed the SSP Quality Standards and Elements. 5.1 (D) (11) Method for Evaluating Special Services Providers Professional Practice. School districts and BOCES must include a description of their method for evaluating SSPs in the written local system for the evaluation of licensed personnel. This method must meet the following criteria: 5.1 (D) (11) (a) School districts and BOCES must ensure that the person or persons responsible for supervising each SSP’s work is clearly identified to the SSP at the beginning of each contract year. The supervisor(s) is responsible for the SSP’s evaluation; 5.1 (D) (11) (b) School districts or BOCES must select evaluation measures for each of the nine licensure categories of SSPs employed by the school district or BOCES, which measures must reflect varying assignments and job duties; 5.1 (D) (11) (c) The evaluation of SSPs must incorporate multiple measures to evaluate SSPs against the SSP Quality Standards, which measures must be gathered using multiple formats and occasions; 5.1 (D) (11) (d) Data used in evaluating SSPs must be collected from the sites, or a representative sample of the sites, at which the SSP provides services; 5.1 (D) (11) (e) At least one of the evaluation measures must be an observation by the SSP’s supervisor(s) or a trained evaluator with relevant professional expertise. The supervisor(s) is encouraged to consult with the SSP in determining the appropriate approach and timing of the observation, based on the SSP’s role and duties; 5.1. (D) (11) (f) In addition to an observation, evaluations of SSP’s must be based on at least one of the following performance measures, when appropriate to the SSP’s assigned duties: student perception measures (where appropriate and feasible), peer feedback, feedback from parents or guardians, review of student support documentation, and/or any other evidence relevant to the SSP’s assigned duties; 5.1 (D) (11) (g) School districts and BOCES must seek to ensure that measures to evaluate SSPs against the SSP Quality Standards are valid, meaning that the measures are aligned with the professional services that the SSP provides and that analysis and inferences from the measures can be supported by evidence and logic, and that the measures are reliable, meaning that the measures are stable over time and in substance and that data from the measures will be sufficient to warrant reasonably consistent inferences; 5.1. (D) (11) (h) In making decisions about how to use data collected about SSP performance, school districts and BOCES must consider whether the data collected are better suited for use within the final written evaluation report or for the purpose of providing feedback and professional development opportunities for the individual professional, or for both purposes provided they are appropriately weighted. In making this decision, school districts and BOCES must consider the technical quality and rigor of the methods used to collect the data, and the technical quality of the data itself.

School districts and BOCES are encouraged to experiment, with agreement from their personnel performance evaluation councils, with innovative methods of observation, which may include and not be limited to the use of observations by mentors, coaches, peers, department leaders, subject matter expert(s) in the content area of the SSP being evaluated and video or digital recording. 5.1 (D) (12) Method for Evaluating Special Services Providers Related to Student Outcomes. A description of the method for evaluating SSPs performance related to Student Outcomes. This method must meet the following 5.1 (D) (12) (a) Thirty percent of the evaluation must be based on at least two measures of student outcomes, and the measures must be aligned with the role and duties of the individual SSP being evaluated. 5.1 (D) (12) (b) For the evaluation of an SSP who has been employed by a school district or BOCES for one school year or less, Measures of Student Learning must not include data that was created prior to the date on which the SSP commenced employment with the school district or BOCES 5.1 (D) (13) Weighting of Performance on Special Services Providers Quality Standards. A description of the manner in which performance on each of the Special Services Providers Quality Standards will be weighted in assigning SSPs a Performance Evaluation Rating.

Measures of Special Services Providers Professional Practice must determine seventy percent of a SSP’s total overall Performance Evaluation Rating, and Measures of Student Outcomes must determine the other thirty percent of the overall Performance Evaluation Rating. Each of the Special Services Providers Quality Standards I-IV (Professional Practice) must have a measurable influence on the final Performance Evaluation Rating. 5.1 (E) Evaluation Process. The process to evaluate Principals, Teachers, and Special Services Providers should include observations and feedback that result in a final Performance Evaluation Rating and a written report. The frequency and duration of the observations, which must be on a regular basis and of such frequency and duration as to ensure the collection of a sufficient amount of data from which fair and reliable conclusions may be drawn, and which meet the following requirements: 5.1 (E) (1) Principals. Principals must receive at least one observation and a written evaluation report each academic year. The written evaluation report, informed by a body of evidence collected systematically in the months prior, must provide a final Performance Evaluation Rating that rates a Principal as highly effective, effective, partially effective, or ineffective. 5.1 (E) (2) Teachers. Probationary teachers must receive at least two documented observations and a written evaluation report each academic year.

Nonprobationary teachers must receive at least one documented observation and a written evaluation report each academic year.

The written evaluation report, informed by a body of evidence collected in the months prior, must include fair and reliable measures of the teacher’s performance against the Teacher Quality Standards and be used to determine a final Performance Evaluation Rating that rates a teacher as highly effective, effective, partially effective, or ineffective. Teachers must receive the written evaluation report at least two weeks before the last class day of the school year. 5.1 (E) (3) Special Services Providers. A final Performance Evaluation Rating must be assigned once a year, using a body of evidence collected systematically in the months prior. School districts and BOCES must seek to ensure that the complete body of evidence leads to a valid and reliable measure of each professional’s performance against the SSP Quality Standards and provides the SSP with a written evaluation report. 5.1 (E) (4) Educator Evaluation Scoring System. School districts and BOCES must use the State Model scoring system or develop a locally created system to determine how the multiple measures of educator performance will be aggregated to provide a single rating for Professional Practice on the applicable Quality Standards I-IV (Professional Practice), which will then be combined with a single rating for Measures of Student Learning/Outcomes to determine a final Performance Evaluation Rating. In developing its weighting policies, each school district or BOCES must ensure that Quality Standards I-IV are aggregated in such a way that each standard has a measurable influence on the rating for Professional Practice. Each school district or BOCES must ensure that the weight assigned to each particular measure is consistent with the measure’s technical quality and rigor. 5.1 (E) (5) Prior to and multiple times throughout the evaluation process, the supervisor(s) for each principal, teacher, and SSP must engage in professional dialogue with the educator focused on their Professional Practice and growth for the course of the year. 5.1 (E) (6) Ongoing Data Collection and Analysis. School districts and BOCES must collect and analyze data on multiple occasions, in order to provide actionable feedback and support to educators on a regular basis in an effort to make evaluation an ongoing process rather than an event and to facilitate continuous improvement. 5.1 (E) (7) Differentiated Evaluation and Support Needs. District evaluation policies may reflect a determination that different categories of educators require varying degrees of evaluation and support. 5.1 (F) A description of the process that the school district or BOCES used for validating its evaluation methods. Such process must address: 5.1 (F) (1) consistency among the multiple measures used for evaluations; 5.1 (F) (2) inter-rater agreement when the measures are applied by different evaluators; and 5.1 (F) (3) consistency of data used to evaluate performance (i.e., observation, surveys, Measures of Student Learning) and the Performance Evaluation Ratings that are assigned. 5.1 (G) A description of the school district’s or BOCES’ system for ensuring that every Principal is provided with a Principal Professional Performance Plan. 5.1 (G) (1) This Principal Professional Performance Plan must be developed in collaboration with the individual Principal and must outline annual goals for the Principal with respect to their school’s performance and the resources and supports which will be made available to support the Principal in achieving the outlined goals. A Principal’s Professional Performance Plan must be consistent with the measures that are used to evaluate that principal and how the Principal Quality Standards are weighted for that principal’s evaluation. School Districts and BOCES are encouraged to include goals related to a Principal’s and their designee’s ability to conduct meaningful evaluations of licensed personnel. 5.1 (G) (2) Principals must be held accountable for progress against the goals laid out in the Principal Professional Performance Plan and school districts or BOCES must continually monitor performance goals, provide feedback and adjust support for the principal as needed. 5.1 (G) (3) The Principal Professional Performance Plan must include the following: 5.1 (G) (3) (a) Goals addressing the number and percentages of effective teachers in the school, and the number and percentage of teachers who are improving, in a manner consistent with the goals for the school outlined in the school's Unified Improvement Plan; and 5.1 (G) (3) (b) Goals addressing school climate and working conditions, developed with reference to a working conditions or school leadership survey (for example, the state-funded biennial Teaching and Learning Conditions in Colorado (TLCC) Survey, required pursuant to section 22- 2-503, C.R.S.), and other appropriate data, including conditions highlighted in comprehensive appraisal for district improvement (CADI) and school support team (SST) diagnostic reviews facilitated by the Department. 5.1 (G) (4) School districts and BOCES are also strongly encouraged to include in Principal Professional Performance Plans goals related to staff participation in the Teaching and Learning Conditions in Colorado (TLCC) Survey, administered by the Department pursuant to section 22-2-503, C.R.S., or other working conditions, culture and climate, or school leadership surveys, and use of survey results to guide improvement efforts. 5.1 (H) Evaluation Process for Highly Effective Educators. School districts and BOCES may offer an optional modified evaluation process for principals, teachers, and special services providers who have received a rating of highly effective for at least three consecutive years. If offered, the modified evaluation process must provide an opportunity for the educator to continue to grow professionally as well as deepen and refine their professional practices. 5.1 (H) (1) When offered, the modified evaluation process must meet the following 5.1 (H) (1) (a) Becomes an available option after the educator earns a highly effective final Performance Evaluation Rating for three consecutive years; 5.1 (H) (1) (b) Eligible educators and their evaluators discuss and select use of the modified evaluation process no later than one month from the start of the school year. The school district or BOCES must provide guidance and parameters for selecting the modified evaluation process and for implementation once selected; 5.1 (H) (1) (c) Includes a modified rubric that maintains the established Quality Standards and Elements outlined in sections 2.2, 3.2, and 4.2 of these rules; 5.1 (H) (1) (d) The modified evaluation process must result in a final Performance Evaluation Rating of highly effective, effective, partially effective, and ineffective as outlined in sections 2.3, 3.3, and 4.3 of these rules and provide feedback to the educator. 5.1 (H) (1) (e) Identifies the conditions in which an educator will return to using the standard evaluation process and includes a formal review process a minimum of every three years to determine if the educator will continue to use the modified evaluation process. 5.1 (H) (2) School districts and BOCES are strongly encouraged to include input from educators and members of their advisory councils described in section 5.2 of these rules in the decision to offer the modified evaluation process for highly effective educators, as well as in the creation and implementation of this modified evaluation process when offered. 5.1 (H) (3) The Department will ensure that the State Model System is updated to support districts/BOCES using the system to meet the criteria listed in section 5.1 (H) (1) of these rules. 5.2 Process for Developing Local Evaluation System. Colorado statute outlines requirements for various entities to be involved in the development of local personnel evaluation systems. School districts and BOCES must collaborate with these entities in developing systems that meet the minimum requirements for evaluation systems described in section 5.1 of these rules. 5.2 (A) Each school district must have an advisory personnel performance evaluation council, which, at a minimum, consists of the following members appointed by the local school board: 5.2 (A) (1) One teacher; 5.2 (A) (2) One administrator; 5.2 (A) (3) One principal from the school district; 5.2 (A) (4) One school district resident who is a parent of a child attending a school within the school district; and 5.2 (A) (5) One school district resident who is not a parent with a child attending school within the school district. 5.2 (B) The council for a school district may be composed of any other school district committee having proper membership, as defined in section 5.2 (A) of these rules. 5.2 (C) Each BOCES that employs licensed personnel must have a BOCES advisory personnel performance evaluation council, which, at a minimum, consists of the following members to be appointed by the BOCES: 5.2 (C) (1) One teacher; 5.2 (C) (2) One administrator; 5.2 (C) (3) One principal representative of the school district or districts participating in the BOCES; 5.2 (C) (4) One person employed by the BOCES who is defined as licensed personnel pursuant to section 22-9-103(1.5), C.R.S.; 5.2 (C) (5) One resident who is a parent of a child attending a school within the participating school district(s); and 5.2 (C) (6) One resident who is not a parent of a child attending a school within the participating school district(s). 5.2 (D) These advisory personnel performance evaluation councils must consult with the local school board or BOCES as to the fairness, effectiveness, credibility, and professional quality of the licensed personnel performance evaluation system and its processes and procedures and must conduct continuous evaluation of the system. 5.2 (E) Additionally, each local school board, pursuant to section 22-11-301, C.R.S., must appoint or create a process for the election of a district accountability committee that consists of: 5.2 (E) (1) At least three parents of students enrolled in the school district public schools; 5.2 (E) (2) At least one teacher who is employed by the school district; 5.2 (E) (3) At least one school administrator who is employed by the school district; and 5.2 (E) (4) At least one person who is involved in business in the community within the school district boundaries. 5.2 (F) Among the other powers and duties outlined in section 22-11-302, C.R.S., a district accountability committee is responsible for providing input and recommendations on an advisory basis to principals concerning the development and use of assessment tools used for the purpose of measuring and evaluating Student Academic Growth as it relates to teacher evaluations. 5.2 (G) Each public school, pursuant to section 22-11-401, C.R.S., must establish a school accountability committee that consists of at least the following members: 5.2 (G) (1) the principal of the school or the principal’s designee; 5.2 (G) (2) at least one teacher who provides instruction at the school; 5.2 (G) (3) at least three parents of students enrolled in the school; 5.2 (G) (4) at least one adult member of an organization of parents, teachers and students recognized by the school; and 5.2 (G) (5) at least one person from the community. 5.2 (H) Among the other powers and duties outlined in section 22-11-402, C.R.S., a school accountability committee is responsible for providing input and recommendations on an advisory basis to district accountability committees and school district administration concerning the Principal Professional Performance Plan for the principal of their school and principal evaluations. 5.3 Training for Evaluators and Educators 5.3 (A) School districts and BOCES must provide training to all evaluators and educators to provide an understanding of their local evaluation system and to provide the skills and knowledge needed for its implementation. 5.3 (B) As required by section 22-9-106(4)(a), C.R.S., all performance evaluations must be conducted by an individual who has completed a Department-approved training in evaluation skills. Teachers may fill the role of an evaluator if they are a designee of an individual with a principal or administrator license and have completed a Departmentapproved training on evaluation skills. The Department must develop a process for approving education and training programs for evaluators that is consistent with the approval process previously developed pursuant to section 22-9-108, C.R.S. 5.3 (C) School districts and BOCES are encouraged to provide training to teachers, so that teachers may conduct peer coaching observations in order to support other teachers by providing actionable feedback on Professional Practice. 5.3 (D) School districts and BOCES must clearly communicate to all teachers the tools that will be used to measure their performance of the Teacher Quality Standards and Measures of Student Learning prior to their use, and how these will be weighted and aggregated to determine final Performance Evaluation Ratings. School districts and BOCES must clearly articulate to each educator the personnel category into which they are assigned, and how the growth of the students they teach will be measured for the purpose of informing their Performance Evaluation Rating. If measures are altered any time through an evaluation cycle, School districts/BOCES must clearly communicate with educators on the need and reason for these changes and how they will impact the Performance Evaluation Ratings. School districts and BOCES that elect to adopt their own locally developed quality standards for evaluating teachers must clearly communicate how those local standards align with the state’s Teacher Quality Standards. School districts and BOCES must clearly communicate to teachers the consequences of each category of Performance Evaluation Rating, including how each teacher’s assigned rating contributes to the loss or gain of nonprobationary status. 5.3 (E) School districts and BOCES must clearly communicate to all principals the tools that will be used to measure their performance on the Principal Quality Standards and Measures of Student Learning prior to their use, how the selected measurement tools will be used to determine performance on each Principal Quality Standard, the party or parties responsible for making decisions, and how these multiple measures will be weighted and aggregated to determine final ratings. School districts and BOCES must clearly articulate to principals how Student Academic Growth for principals will be measured and delineate the manner in which these measures are aligned with the Measures of Student Learning for teachers. School districts and BOCES that elect to adopt their own locally developed quality standards for evaluating principals must clearly communicate how those local standards align with the state’s Principal Quality Standards. School districts and BOCES must clearly communicate to principals the consequences of each category of Performance Evaluation Rating. 5.3 (F) School districts and BOCES must clearly communicate to the SSP the tools that may be used to measure performance against the SSP Quality Standards prior to their use and the weighting policies that will be used to aggregate data for each SSP Quality Standard into a final Performance Evaluation Rating. Supervisors must clearly articulate for each SSP the category or categories of personnel into which they are assigned. School districts and BOCES that elect to adopt their own locally developed set of SSP quality standards must clearly communicate how those local standards align with the state’s SSP Quality Standards. 5.3 (G) School districts and BOCES must provide training to educators to help them understand how the growth of the students for which they are responsible will be measured for their performance evaluation, and to assist educators in responding to Student Academic Growth data. 5.3 (H) The Department will provide training, directly and through approved training providers (e.g., school districts or BOCES), for all persons who are responsible for the evaluation of licensed personnel (i.e., principals, teachers, and SSPs) that is focused on the skills and knowledge necessary to provide observation and feedback in support of the overall evaluation process and the educator’s ongoing professional growth and development. 5.4(H) (1) Beginning August 1, 2024, any person who is responsible for the evaluation of a licensed educator (i.e., Principal, Teacher, or SSP) must complete the training provided by or approved by the department prior to obtaining an initial principal/administrator license or prior to renewing an existing license. 5.3 (H) (1) (a) Completion of the training will result in a licensure designation. 5.3 (H) (2) School districts, BOCES, or other entities interested in gaining approval from CDE to provide this training for evaluators of licensed personnel must meet or exceed the following standards: 5.4 (H) (2) (a) Evaluator Training Standard I: Evaluators will be able to identify the connection points within the evaluation cycle. 5.3 (H) (2) (a) (i) Element A: Evaluators understand the timing and purpose of the connection points within the evaluation cycle. 5.3 (H) (2) (a) (ii) Element B: Evaluators understand the observation and feedback cycle within the evaluation process. 5.3 (H) (2) (a) (iii) Element C: Evaluators can connect the evaluation cycle to their local evaluation system and influence on students’ educational experience. 5.3 (H) (2) (b) Evaluator Training Standard II: Evaluators will be able to apply observation and feedback best practices to their evaluation process. 5.3 (H) (2) (b) (i) Element A: Evaluators understand best practices for observations and feedback. 5.3 (H) (2) (b) (ii) Element B: Evaluators are aware of the Quality Standards and Elements for the educators’ role(s) they are evaluating. 5.3 (H) (2) (b) (iii) Element C: Evaluators understand the connection between observations, feedback, and educators’ professional growth and development. 5.3 (H) (2) (c) Evaluator Training Standard III: Evaluators will be able to identify potential for bias in observations and data collection. 5.3 (H) (2) (c) (i) Element A: Evaluators understand the types of observational bias. 5.3 (H) (2) (c) (ii) Element B: Evaluators understand how bias can influence observation, data collection, and the evaluation process. 5.3 (H) (2) (d) Evaluator Training Standard IV: Evaluators will obtain strategies for interpreting observation data and preparing for meaningful feedback and follow-up for educators. 5.3 (H) (2) (d) (i) Element A: Evaluators understand strategies to differentiate observations. 5.3 (H) (2) (d) (ii) Element B: Evaluators understand the steps to create meaningful feedback based on observation data. 5.3 (H) (2) (d) (iii) Element C: Evaluators can identify strategies for supporting low-performing educators. 5.3 (H) (2) (e) Evaluator Training Standard V: Evaluators will be familiar with resources to support the evaluation process and educators’ ongoing professional growth and development. 5.3 (H) (2) (e) (i) Element A: Evaluators are aware of available options to share evaluation responsibilities and how to leverage those options in the evaluation process. 5.3 (H) (2) (e) (ii) Element B: Evaluators are aware of resources and supports for evaluators and the evaluation process. 5.4 Process for Nonprobationary Teacher to Appeal Second Consecutive Performance Evaluation Rating of Ineffective or Partially Effective. 5.4 (A) Requirements for All School Districts. The following requirements apply to the appeal process developed by school districts for a nonprobationary teacher to appeal a second consecutive Performance Evaluation Rating of ineffective or partially effective. For purposes of the appeal process, a rating of ineffective and a rating partially effective carry the same consequence; a teacher loses nonprobationary status after receiving two consecutive ratings of either ineffective or partially effective. The appeal process must allow for a final determination of the appealing teacher’s Performance Evaluation Rating and a final determination of whether that teacher retains nonprobationary status; it does not serve the purpose of determining employment and/or termination. 5.4 (A) (1) Each school district must ensure that a nonprobationary teacher who objects to a second consecutive Performance Evaluation Rating of ineffective or partially effective has an opportunity to appeal that rating. 5.4 (A) (2) The appeal process must adhere to the following principles: 5.4 (A) (2) (a) the appeal process must be appropriate to the size and location of the school district; 5.4 (A) (2) (b) the appeal process must be fair and clearly communicated to teachers, evaluators, principals, and, where appropriate, students and parents of students; 5.4 (A) (2) (c) the appeal process must be a component of a larger system designed to increase the number of educators able to be successful rather than provide excuses for failure; 5.4 (A) (2) (d) the appeal process must be clearly connected to the school district’s educator evaluation process; and 5.4 (A) (2) (e) the appeal process must be constructed to produce appeal decisions in a timely and decisive manner; 5.4 (A) (3) The appeal process must be developed, where applicable, through collective bargaining. 5.4 (A) (4) The appeal process must be voluntary for a teacher and initiated only if they choose to file an appeal. As required by section 22-9-106 (4.5)(b), C.R.S., at a minimum, the appeal process provided must allow the nonprobationary teacher to appeal the rating of ineffectiveness to the superintendent of the School District and place the burden upon the nonprobationary teacher to demonstrate that a rating of effective was appropriate. 5.4 (A) (5) The appeal process begins on the date that a teacher receives their second consecutive Performance Evaluation Rating of ineffective or partially effective and concludes no more than forty-five (45) calendar days after they receive the Performance Evaluation Rating. A teacher must file an appeal within fifteen (15) calendar days after receiving their rating. These time requirements may be waived, by mutual agreement of both the teacher and the school district. 5.4 (A) (6) A teacher is permitted only one appeal for the second consecutive Performance Evaluation Rating of ineffective or partially effective. A teacher filing an appeal must include all grounds for the appeal within a single written document. Any grounds not raised at the time the written appeal is filed are deemed waived. 5.4 (A) (7) The grounds for an appeal are limited to the following: 5.4 (A) (7) (a) The evaluator did not follow evaluation procedures that adhere to the requirements of statute and rule and that failure had a material impact on the final Performance Evaluation Rating that was assigned (e.g., an observation was never completed, or feedback was never shared with the teacher); and/or 5.4 (A) (7) (b) The data relied upon was inaccurately attributed to the teacher (e.g., data included in the evaluation was from students for whom the teacher was not responsible). 5.4 (A) (8) Any documents and/or proceedings related to the appeal process must be deemed confidential. 5.4 (A) (9) The superintendent, or their designated individual, is the final decisionmaking authority in determining a teacher’s final Performance Evaluation Rating and whether a nonprobationary teacher loses their nonprobationary status. The superintendent must provide a written rationale for their final determination. 5.4 (A) (10) The appeal process is final in regard to the final Performance Evaluation Rating and loss or retention of nonprobationary status. 5.4 (A) (11) If the superintendent determines that a rating of ineffective or partially effective was not accurate but there is not sufficient information to assign a rating of effective, the teacher must receive a “no score” and must not lose his or her nonprobationary status. The assignment of a “no score” shall not interrupt the count of consecutive years towards earning or loss of nonprobationary status. 5.4 (B) State Model System. The Department must include in the State Model System a model appeal process for a nonprobationary teacher to appeal a second consecutive Performance Evaluation Rating of ineffective or partially effective.

Each School District that adopts the State Model System may choose either of the following options: (1) to use the model appeal process that incorporates the use of a review panel; or (2) to develop its own distinctive appeal process that adheres to the requirements in section 5.4 (A) of these rules.

In addition to meeting the requirements outlined in section 5.4 (A) of these rules, the Department’s model appeal process must include the following components. 5.4 (B) (1) The review panel must serve in an advisory capacity to the superintendent. The superintendent must be the final decision-making authority in determining the teacher’s final Performance Evaluation Rating. 5.4 (B) (2) The review panel must be comprised of members that were not directly involved in the evaluation process for the appealing teacher. The superintendent may appoint himself or herself to the review panel. 5.4 (B) (3) Panel members must be selected and trained in a manner designed to ensure the credibility and expertise of the panel members. The panel must be comprised of equal numbers of teachers and administrators, with no more than six panel members total. A process must be developed to ensure continuity of the review panel members. 5.4 (B) (4) The appealing teacher must be given the opportunity to address and provide evidence to the review panel in person or in writing. The review panel must review any written information provided by the appealing teacher prior to meeting to render a recommendation. 5.4 (B) (5) The review panel may invite the teacher or teacher’s principal to present in person or in writing where clarification is necessary; however, the teacher and principal have the right of refusal without prejudice. 5.4 (B) (6) To overturn a rating of ineffective or partially effective, in accordance with the board policy or collective bargaining agreement, the panel must unanimously find that the rating of ineffective or partially effective was inaccurate, with the potential for submission of a majority opinion to the superintendent if the panel is not able to reach unanimous consent. 5.4 (C) Continuous Improvement. As a part of its review of local personnel evaluation systems and implementation of the State Model System, the Department must report on the role of the model system appeals process as a lever to ensure broader system accountability.

Specifically, the Department must report on how the appeals process supports the following: 5.4 (C) (1) early identification to teachers of any performance deficiencies, well in advance of a second consecutive Performance Evaluation Rating of partially effective or ineffective; 5.4 (C) (2) the provision of targeted and timely opportunities, including resources and training, to teachers to address any identified areas of deficiency promptly after they receive an initial Performance Evaluation Rating of partially effective or ineffective and throughout the following school year; 5.4 (C) (3) a process to ensure that effective teachers are not inappropriately rated as ineffective or partially effective; and 5.4 (C) (4) the completion of performance evaluations only by individuals who have completed a Department-approved training in evaluation skills, as required by

section 22-9-106(4)(a), C.R.S. 5.5 Appeals Process for Special Services Providers SSPs who receive a second consecutive Performance Evaluation Rating of ineffective or partially effective and who are not employed with a district or BOCES that provides the ability to earn nonprobationary status may appeal their rating using the process described in section 5.4 of these rules. School districts and BOCES may choose to, and are not required to, provide this appeal process for SSPs who are employed with the ability to earn non-probationary status.

6.0 SUPPORTING IMPLEMENTATION OF REQUIREMENTS FOR LOCAL PERFORMANCE

EVALUATION SYSTEMS: DUTIES AND POWERS OF COLORADO DEPARTMENT OF

EDUCATION 6.1 Monitoring and Reporting on Implementation of Requirements for Local Evaluation Systems. The Department will monitor school districts’ and BOCES’ implementation of the requirements for local personnel evaluation systems as described in these rules and as otherwise required by federal or state statute and regulation. The intent of monitoring these systems is to understand whether they are implemented in a manner that provides educators with evaluations using multiple, fair, transparent, timely, rigorous, and valid methods and ensures that educators receive adequate feedback and professional development support to provide them a meaningful opportunity to improve their effectiveness.

The Department will collect an assurance from each school district and BOCES no later than July 1 of each year, indicating that the school district or BOCES is either implementing the State Model System or is implementing its own locally created personnel evaluation system that satisfies the requirements in section 5.1 of these rules. These assurances must be signed by the executive director of the BOCES or superintendent of the school district or their designated representative.

Additional methods that the Department may use to monitor local personnel evaluation systems are (i) integrating information about evaluation systems into accountability and improvement efforts, including, if applicable, the school and district performance reports, required pursuant to

section 22-11-503, C.R.S., and (ii) incorporating monitoring data into school and district Unified Improvement Plans. 6.1 (A) School districts and BOCES must submit data, as requested by the Department, to allow said monitoring to occur and the Department will report this data on the website data portal. In order to report required data to the Department, school districts and BOCES must categorize all teachers they employ as a teacher of record and/or contributing professional, using the statewide definitions of those terms that are established by the Department. 6.1 (B) School districts and BOCES must submit data, as requested by the Department, to allow the Department to monitor implementation of locally created personnel evaluation systems. The required data must allow the Department to conduct the analysis described in section 6.1(D) of these rules, including analysis of the Performance Evaluation Ratings assigned to each principal, teacher, and SSP and the performance results for principals, teachers, and SSPs on each of the applicable Quality Standards and Measures of Student Learning/Outcomes. 6.1 (C) The Department may only publicly report data related to Performance Evaluation Ratings in the aggregate at the school-, district- and state-level, and may not publicly report this data for cohorts smaller than five educators. 6.1 (D) The Department will annually publish online the results of these monitoring efforts. At a minimum, monitoring efforts must focus on the following objectives and include the following analysis: 6.1 (D) (1) Increasing the effectiveness of all educators, the progress of which may be evaluated using the following data: 6.1 (D) (1) (a) the number of educators assigned to each Performance Evaluation Rating and how those numbers change over time; 6.1 (D) (1) (b) information concerning teacher and principal retention, correlated with Performance Evaluation Ratings and reasons teachers and principals leave districts and schools; and 6.1 (D) (1) (c) perception survey data of Colorado educators, parents and students. 6.1 (D) (2) Analyze the correlation between student performance outcomes and the assignment of educators to Performance Evaluation Ratings, which may be evaluated using the following data: 6.1 (D) (2) (a) student performance data for each public school and data concerning the number of educators at each public school assigned to each Performance Evaluation Rating; 6.1 (D) (2) (b) student performance data, organized according to academic subjects and grades, and data concerning the number of educators assigned to each Performance Evaluation Rating, organized according to academic subjects and grades; 6.1 (D) (2) (c) information concerning the distribution of educators assigned to each Performance Evaluation Rating within each public school and school district; 6.1 (D) (2) (d) information concerning the correlation of Measures of Student Learning used and student performance on statewide summative assessments; and 6.1 (D) (2) (e) information concerning performance results for educators on each of the Teacher Quality Standards and each of the Principal Quality Standards, and analysis of the correlation between results for individual educators on the Measures of Student Learning and the Professional Practice Quality Standards; 6.1 (D) (3) Analyze the equitable distribution of effective and highly effective educators, which may be evaluated using the following data: 6.1 (D) (3) (a) the number of educators assigned to each Performance Evaluation Rating, disaggregated by common course code, educator demographics, student demographics, and school demographics. 6.1 (D) (4) Analyze the extent to which principals and teachers understand how they are being evaluated, what they need to do to improve, and how to access resources they need to support their professional development, which may be evaluated using surveys, focus groups, and/or feedback received during trainings. 6.1 (E) When data collected by the Department indicates that a school district or BOCES is unable to implement a local evaluation system that meets the objectives of the Licensed Personnel Performance Evaluation Act, section 22-9-101, C.R.S., et seq., the Department will conduct a more thorough review of the school districts’ or BOCES’ processes and procedures for its licensed personnel evaluation system to assure that the system is professional, sound, results in fair, adequate, and credible evaluation, satisfies the Quality Standards in a manner that is appropriate to the size, demographics, and location of the school district or BOCES, and is consistent with the purposes of article 9, title 22.

Pursuant to section 22-11-206(4)(b), C.R.S., if the Department has reason to believe that a school district is not in substantial compliance with one or more of the statutory or regulatory requirements that applies to school districts, the Department must notify the local school board that it has ninety days after the date of notice to come into compliance.

If, at the end of the ninety-day period, the Department finds that the school district is not substantially in compliance with the applicable statutory or regulatory requirements, the school district may be subject to the interventions specified in article 11 of title 22, Colorado Revised Statutes. 6.2 Evaluation and Continuous Improvement of the Statewide System to Evaluate the Effectiveness of Licensed Personnel The Department will use information obtained through monitoring and reporting efforts to identify opportunities for improvement. No later than July 1 of each year the State Board must review these rules (1 CCR 301-87) and using information from implementation of the State Model System and other local systems, determine whether to affirm or revise the rules in order to reflect what has been learned.

7.0 PARENT AND STUDENT PARTNERSHIP WITH TEACHERS AND PUBLIC SCHOOL

ADMINISTRATORS 7.1 Parents and Guardians. Districts and schools must create systems and structures that focus on providing parents and guardians with meaningful opportunities to support the academic achievement and growth of their children. These systems and structures must proactively encourage and support: 7.1 (A) high-quality and ongoing communication between parents/guardians and educators and schools using a variety of methods, such as various media, resources and languages; 7.1 (B) involvements of parents/guardians in school and district leadership as currently supported by law and further identified through the implementation of local evaluation systems; and 7.1 (C) the engagement of parent/guardian and community partnerships to ensure the successful implementation of the Principal, Teacher, and SSP Quality Standards. 7.2 As appropriate, the Department will provide resources and technical assistance, through the online resource bank, to support districts in developing systems and structures that provide meaningful opportunities for parents/guardians to support the academic achievement and growth of their children. 7.3 The Department must encourage districts to monitor and measure the effectiveness of community and family involvement strategies and to use data gathered to inform system refinements. 7.4 Students. Districts are strongly encouraged to gather student perceptions of their learning experience in order to provide teachers with feedback on their performance. Where appropriate, districts are encouraged to use student perception data as part of the multiple measures used to evaluate teacher Professional Practice, described in section 5.1 (D) (6) of these rules. 7.5 Districts are strongly encouraged to gather student perceptions to provide principals with feedback on their performance. _________________________________________________________________________

Editor's Notes

History Entire rule eff. 02/15/2012.

Rules SB&P, 5.04 eff. 05/30/2012.

Rules 0.0, 1.00, 4.00 eff. 01/30/2014.

Entire rule eff. 08/14/2018.

Entire rule eff. 05/30/2019.

Entire rule eff. 06/30/2023.

1 CCR 301-88 Standards for Charter Schools and Charter School Authorizers {#sec-1-ccr-301-88 omnilex-key=us-co-regs-official--department-4--1 CCR 301-88}

DEPARTMENT OF EDUCATION

STANDARDS FOR CHARTER SCHOOLS AND CHARTER SCHOOL AUTHORIZERS

1 CCR 301-88 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 0.0 STATEMENT OF BASIS AND PURPOSE These rules are promulgated pursuant to Colorado Revised Statutes § 22-2-107 (1) (c) and § 22-2-106 (1) (h). Pursuant to HB 10-1412, the State Board of Education is required to promulgate rules establishing standards for charter schools and charter school authorizers based on the recommendations made by the charter school and charter authorizer standards review committee pursuant to § 22-30.5-104.5, C.R.S.

These rules do not contradict or supersede the standard of review for appeals or the standards for renewal or revocation decisions outlined in the Charter School Act, § § 22-30.5-108 and 22-30.5-110, C.R.S.

1.0 DEFINITIONS 1.1 “Charter School” means a district charter school established pursuant to § § 22-30.5-101 to 115, C.R.S., an independent charter school established pursuant to § § 22-30.5-301 to 308, C.R.S., or an institute charter school established pursuant to § 22.30.5 (6)-502, C.R.S. 1.2 “Charter School Authorizer” means, in the case of a district charter school or an independent charter school, a school district board of education or, in the case of a state institute charter school, the board of the state charter school institute as defined in § 22- 30.5-502 (5), C.R.S. 1.3 “Colorado Academic Standards” means the standards adopted by the State Board pursuant to § 22-7-1005, C.R.S. 1.4 “Department” means the Department of Education created and existing pursuant to § 24- 1-115, C.R.S. 1.5 “State Board” means the State Board of Education created and existing pursuant to section 1 of

Article IX of the Colorado State Constitution.

2.0 STANDARDS FOR CHARTER SCHOOLS

The following standards for Charter Schools shall be considered by the State Board as guiding principles when considering an appeal from a Charter School and when making decisions concerning exclusive chartering authority. These standards also shall serve as guiding principles to Charter Schools and Charter School Authorizers when developing a charter contract. 2.1 Conflict of Interest, Nepotism, and Excessive Compensation: 2.01(A) The Charter School adopts conflict of interest policies that comply with federal and state laws applicable to public officials. 2.01(B) The Charter School’s compensation complies with excessive executive compensation requirements under federal law or applicable industry standards. 2.01(C) The Charter School ensures that all board members and senior administrators receive training on its conflict of interest policies and excessive executive compensation requirements. 2.1(D) When the Charter School board contracts with a third party education service provider for the general day-to-day operation of a school, such contracts and any amendments to such contracts are subject to review by the Charter School Authorizer. 2.2 Nondiscrimination: 2.02(A) Charter Schools are subject to all federal and state laws regarding nondiscrimination. The Charter School provides evidence of annual training on nondiscrimination laws to employees and board members, and otherwise ensures that its board and leadership stay current on all relevant provisions. 2.02(B) The Charter School provides access to services for students with disabilities and ensures that services are delivered to students with disabilities as required by federal and state law. 2.02(C) The Charter School provides access to services for and appropriately serves other special populations of students, including English language learners, homeless students, and gifted students. The Charter School collaborates with its Charter School Authorizer to deliver appropriate services as required by federal and state law. 2.02(D) The Charter School does not engage in or adopt discriminatory recruiting, marketing, application, or enrollment policies or practices. The Charter School strives for transparent and honest communication. 2.02(E) The Charter School does not establish undue barriers to students applying for enrollment, such as mandated testing prior to acceptance, that have the effect of excluding students based on socioeconomic, family, or language background, prior academic performance, special education status, or parental involvement. 2.02(E)(1) The Charter School maintains a page on its website that clearly communicates to parents how to participate in the school’s enrollment process.

The web page must include a non-discrimination statement affirming protections for all classes covered by applicable federal and state law. 2.02(E)(2) The Charter School’s recruitment materials do not indicate or signal that the school refuses admission generally to any applicant that is part of a protected class, including students with disabilities. 2.02(E)(3) The Charter School takes appropriate steps to ensure that enrollment applications are accessible to and usable by applicants with disabilities. The Charter School takes appropriate steps to provide the language assistance necessary to ensure meaningful communication with limited English proficient parents in a language they can understand. 2.02(E)(4) The Charter School’s application materials and process do not inquire into characteristics that would reveal protected characteristics, except where allowed by applicable federal or state law. 2.02(E)(5) The Charter School conducts annual training for its admissions staff on Federal protections against pre-enrollment inquiries about disability status for students and on when it is appropriate to inquire about disability status postadmission. 2.02(F) The Charter School admits students through a publicly verifiable selection process that is either random in nature or first-come-first-served. 2.02(G) The Charter School adopts post-admissions enrollment practices that ensure that enrollment decisions are non-discriminatory and consistent with the best interests of the student applicant. Such practices include training staff on compliance with applicable federal and state statutes. 2.02(H) The Charter School annually reviews its discipline and enrollment records to ensure that its policies have been applied equitably to all students.

3.0 STANDARDS FOR CHARTER SCHOOL AUTHORIZERS

The following standards for Charter School Authorizers shall be considered by the State Board as guiding principles when considering an appeal from an already operating Charter School and when making decisions concerning exclusive chartering authority. These standards also shall serve as guiding principles to Charter Schools and Charter School Authorizers when developing a charter contract. A Charter School Authorizer may choose to contract with other entities or develop other partnerships that will improve its ability to meet these principles and standards.

The standards described in sections 3.01 through 3.06 of these rules are based on the 2010 Edition of the Principles and Standards of Quality Charter School Authorizing adopted by the National Association of Charter School Authorizers. 3.1 Three Core Principles of Charter Authorizing. The Charter School Authorizer engages in responsible oversight of charter schools by ensuring that schools have both the autonomy to which they are entitled and the public accountability for which they are responsible. The following three responsibilities lie at the heart of the authorizing endeavor, and authorizers should be guided by and fulfill these core principles in all aspects of their work: maintain high standards for schools, uphold school autonomy, and protect student and public interests. 3.01(A) The Charter School Authorizer maintains high standards by doing the following: 3.01(A)(1) Setting high standards for approving charter applicants; 3.01(A)(2) Maintaining high standards for the schools it oversees; 3.01(A)(3) Effectively cultivating quality charter schools that meet identified educational needs; 3.01(A)(4) Overseeing charter schools that, over time, meet the performance standards and targets set forth in their charter contracts on a range of measures and metrics; and 3.01(A)(5) Closing schools that fail to meet standards and targets set forth in law and by contract. 3.01(B) The Charter School Authorizer upholds school autonomy by doing the following: 3.01(B)(1) Honoring and preserving innovations and core autonomies crucial to school success, including governing board independence from the authorizer, personnel, school vision and culture, instructional programming, design, and use of time, and budgeting; 3.01(B)(2) Assuming responsibility not for the success or failure of individual schools but for holding schools accountable for their performance; 3.01(B)(3) Minimizing administrative and compliance burdens on schools; and 3.01(B)(4) Focusing on holding schools accountable for outcomes rather than processes. 3.01(C) The Charter School Authorizer protects student and public interests by doing the 3.01(C)(1) Making the well-being and interests of students the fundamental value informing all the authorizer’s actions and decisions; 3.01(C)(2) Holding schools accountable for fulfilling fundamental public education obligations to all students, including: providing nonselective, nondiscriminatory access to all eligible students; fair treatment for all students in admissions and disciplinary actions; and appropriate services for all students in accordance with law. Specifically, the Charter School Authorizer does not engage in or adopt discriminatory recruiting or marketing policies or practices, adopts enrollment practices that ensure that enrollment decisions are non-discriminatory and consistent with the best interests of the student applicant, and develops systems to ensure that services are delivered to students with disabilities as required by federal and state law. 3.01(C)(3) Holding schools accountable for fulfilling fundamental obligations to the public, including providing: sound governance, management, and stewardship of public funds; and public information and operational transparency in accordance with law; 3.01(C)(4) Ensuring in its own work: ethical conduct; focus on the mission of chartering high-quality schools; clarity, consistency, and public transparency in authorizing policies, practices, and decisions; effective and efficient public stewardship; and compliance with applicable laws and regulations; and 3.1(C)(5) Supporting parents and students in being well-informed about the quality of education provided by charter schools. 3.2 Agency Commitment and Capacity. The Charter School Authorizer recognizes that chartering is a means to foster excellent schools that meet identified needs; clearly prioritizes a commitment to excellence in education and in authorizing practices; and creates organizational structures and commits to human and financial resources necessary to conduct its authorizing duties effectively and efficiently. 3.02(A) The Charter School Authorizer plans and commits to excellence by doing the following: 3.02(A)(1) Supporting and advancing the purposes of charter school law; 3.02(A)(2) Ensuring that the authorizer’s governing board, leadership, and staff understand and are committed to the three Core Principles of authorizing; 3.02(A)(3) Defining external relationships and lines of authority to protect its authorizing functions from conflicts of interest and political influence; 3.02(A)(4) Implementing policies, processes, and practices that streamline and systematize its work toward stated goals, and executes its duties efficiently while minimizing administrative burdens on schools; 3.02(A)(5) Evaluating its work regularly against national standards for quality authorizing and recognized effective practices, and develops and implements timely plans for improvement when it falls short; 3.02(A)(6) Stating a clear mission for quality authorizing (advanced standard); 3.02(A)(7) Articulating and implementing an intentional strategic vision and plan for chartering, including clear priorities, goals, and time frames for achievement (advanced standard); 3.02(A)(8) Evaluating its work regularly against its chartering mission and strategic plan goals, and implementing plans for improvement when it falls short of its mission and strategic plan (advanced standard); and 3.02(A)(9) Providing an annual public report on the authorizer’s progress and performance in meeting its strategic plan goals (advanced standard). 3.02(B) The Charter School Authorizer demonstrates exemplary practices in human resources by doing the following: 3.02(B)(1) Enlisting expertise and competent leadership for all areas essential to charter school oversight - including, but not limited to, education leadership; curriculum, instruction, and assessment; special education; performance management and accountability; law; finance; facilities; and nonprofit governance and management - through staff, contractual relationships, and/or intra- or interagency collaborations; 3.02(B)(2) Employing competent personnel at a staffing level appropriate and sufficient to carry out all authorizing responsibilities in accordance with national standards, and commensurate with the scale of the charter school portfolio; 3.02(B)(3) Providing for regular professional development for the agency’s leadership and staff to achieve and maintain high standards of professional authorizing practice and enable continual agency improvement; and 3.02(B)(4) Reviewing conflict of interest policies, excessive executive compensation requirements, and compliance therewith as part of its oversight and contract renewal process. 3.02(C) The Charter School Authorizer demonstrates exemplary financial practices by doing the 3.02(C)(1) Determining the financial needs of the authorizing office and devoting sufficient financial resources to fulfill its authorizing responsibilities in accordance with national standards and commensurate with the scale of the charter school portfolio; 3.02(C)(2) Structuring its funding in a manner that avoids conflicts of interest, inducements, incentives, or disincentives that might compromise its judgment in charter approval and accountability decision making; 3.02(C)(3) Deploying funds effectively and efficiently with the public’s interests in mind; and 3.2(C)(4) Requiring each Charter School to conduct an annual financial audit by an independent auditor to be selected by the Charter School. 3.3 Application Process and Decision Making. The Charter School Authorizer implements a comprehensive application process that includes clear application questions and guidance; follows fair, transparent procedures and rigorous criteria; and grants charters only to applicants who demonstrate a strong capacity to establish and operate a quality charter school. 3.03(A) The Charter School Authorizer demonstrates exemplary practices in matters related to proposal information, questions, and guidance by doing the following: 3.03(A)(1) Issuing a charter application information packet or request for proposals (RFP) that: states any chartering priorities the authorizer may have established; articulates comprehensive application questions to elicit the information needed for rigorous evaluation of applicants’ plans and capacities; and provides clear guidance and requirements regarding application content and format, while explaining evaluation criteria; 3.03(A)(2) Welcoming proposals from first-time charter applicants as well as existing school operators/replicators, while appropriately distinguishing between the two kinds of developers in proposal requirements and evaluation criteria; 3.03(A)(3) Encouraging expansion and replication of charter schools demonstrating success and capacity for growth; 3.03(A)(4) Being open to considering diverse educational philosophies and approaches; and 3.03(A)(5) Broadly inviting and soliciting charter applications while publicizing the authorizer’s strategic vision and chartering priorities, without restricting or refusing to review applications that propose to fulfill other goals (advanced standard). 3.03(B) The Charter School Authorizer employs fair, transparent, quality-focused procedures in the following areas: 3.03(B)(1) Implementing a charter application process that is open, well- publicized, and transparent, and is organized around clear, realistic time lines; 3.03(B)(2) Allowing sufficient time for each stage of the application and school preopening process to be carried out with quality and integrity; 3.03(B)(3) Explaining how each stage of the application process is conducted and evaluated; 3.03(B)(4) Communicating chartering opportunities, processes, approval criteria, and decisions clearly to the public; and 3.03(B)(5) Informing applicants of their rights and responsibilities and promptly notifying applicants of approval or denial, while explaining the factors that determined the decision. 3.03(C) The Charter School Authorizer uses rigorous approval criteria in the following manner: 3.03(C)(1) Requiring all applicants to present a clear and compelling mission; a quality educational program; a solid business plan; effective governance and management structures and systems; founding team members demonstrating diverse and necessary capabilities; and clear evidence of the applicant’s capacity to execute its plan successfully; 3.03(C)(2) Establishing distinct requirements and criteria for applicants who are existing school operators or replicators; 3.03(C)(3) Establishing distinct requirements and criteria for applicants proposing to contract with education service or management providers; 3.03(C)(4) Establishing distinct requirements and criteria for applicants proposing to operate virtual or online charter schools. 3.03(D) The Charter School Authorizer uses rigorous decision making in the following manner: 3.03(D)(1) Granting charters only to applicants that have demonstrated competence and capacity to succeed in all aspects of the school, consistent with the stated approval criteria; 3.03(D)(2) Rigorously evaluating each application through thorough review of the written proposal, a substantive in-person interview with the applicant group, and other due diligence to examine the applicant’s experience and capacity, conducted by knowledgeable and competent evaluators; 3.03(D)(3) Engaging, for both written application reviews and applicant interviews, highly competent teams of internal and external evaluators with relevant educational, organizational (governance and management), financial, and legal expertise, as well as a thorough understanding of the essential principles of charter school autonomy and accountability; 3.03(D)(4) Providing orientation or training to application evaluators (including interviewers) to ensure consistent evaluation standards and practices, observance of essential protocols, and fair treatment of applicants; and 3.3(D)(5) Ensuring that the application review process and decision making are free of conflicts of interest, and requiring full disclosure of any potential or perceived conflicts of interest between reviewers or decision makers and applicants. 3.4 Performance Contracting. The Charter School Authorizer executes contracts with charter schools that articulate the rights and responsibilities of each party regarding school autonomy, funding, administration and oversight, outcomes, measures for evaluating success or failure, performance consequences, and other material terms. The contract is an essential document, separate from the charter application, that establishes the legally binding agreement and terms under which the school will operate. 3.04(A) The Charter School Authorizer demonstrates exemplary practices in matters related to contract term, negotiation, and execution by doing the following: 3.04(A)(1) Executing a contract with a legally incorporated governing board independent of the Charter School Authorizer; 3.04(A)(2) Granting charter contracts for a term of five operating years, or longer only with periodic high-stakes reviews every five years; 3.04(A)(3) Defining material terms of the contract; 3.04(A)(4) Ensuring mutual understanding and acceptance of the terms of the contract by the school’s governing board prior to authorization or charter granting by the authorizing board; and 3.04(A)(5) Allowing - and requiring contract amendments for - occasional material changes to a school’s plans, but does not require amending the contract for nonmaterial modifications. 3.04(B) The Charter School Authorizer demonstrates exemplary practices related to rights and duties by doing the following: 3.04(B)(1) Executing charter contracts that clearly: 3.04(B)(1)(a) State the rights and responsibilities of the Charter School and the Charter School Authorizer; 3.04(B)(1)(b) State and respect the autonomies to which schools are entitled based on statute, waiver, or authorizer policy - including those relating to the school’s authority over educational programming, staffing, budgeting, and scheduling; 3.04(B)(1)(c) Define performance standards, criteria and conditions for renewal, intervention, revocation, and non-renewal, while establishing the consequences for meeting or not meeting standards or conditions; 3.04(B)(1)(d) State the statutory, regulatory, and procedural terms and conditions for the school’s operation; 3.04(B)(1)(e) State reasonable pre-opening requirements or conditions for new schools to ensure that they meet all health, safety, and other legal requirements prior to opening and are prepared to open smoothly; 3.04(B)(1)(f) State the responsibility and commitment of the school to adhere to essential public education obligations, including admitting and serving all eligible students so long as space is available, and not expelling or counseling out students except as pursuant to a legal discipline policy approved by the authorizer; and 3.04(B)(1)(g) State the responsibilities of the school and the authorizer in the event of school closure; and 3.04(B)(2) Ensuring that any fee-based services provided by the authorizer are set forth in a services agreement separate from the charter contract; and ensures that purchasing such services is explicitly not a condition of charter approval, continuation, or renewal. 3.04(C) The Charter School Authorizer demonstrates exemplary practices in matters related to performance framework and standards by executing charter contracts that clearly: 3.04(C)(1) Establish the performance framework under which schools will be evaluated, using objective and verifiable measures of student achievement as the primary measure of school quality; 3.04(C)(2) Define clear, measurable, and attainable academic, financial, and operational performance standards and targets that the school must meet as a condition of renewal, including, but not limited to, state and federal measures; 3.04(C)(3) Define the sources of data that will form the evidence base for ongoing and renewal evaluation, including state-mandated and other standardized assessments, internal assessments, qualitative reviews, and performance comparisons with other public schools in the district and state; and 3.04(C)(4) Continuously reflect upon its practices and pursue innovative and promising approaches to authorizing. 3.04(D) The Charter School Authorizer, if it contracts with education services or management, demonstrates exemplary practices in the following manner: 3.04(D)(1) For any school contracting with a third-party provider for education design and operation or management, including additional contractual provisions that ensure rigorous, independent contract oversight by the charter governing board and the school’s financial independence from the external provider; 3.04(D)(2) Reviewing the proposed third-party contract as a condition of charter approval to ensure that it is consistent with applicable law, authorizer policy, and the public interest; 3.4(D)(3) Otherwise ensuring that the oversight of the school’s contract complies with the standards outlined in section 3.01 of these rules. 3.5 Ongoing Oversight and Evaluation. The Charter School Authorizer conducts contract oversight that competently evaluates performance and monitors compliance; ensures schools' legally entitled autonomy; protects student rights; informs intervention, revocation, and renewal decisions; and provides annual public reports on school performance. 3.05(A) The Charter School Authorizer demonstrates exemplary practices related to performance evaluation and compliance monitoring by doing the following: 3.05(A)(1) Implementing a comprehensive performance accountability and compliance monitoring system that is defined by the charter contract and provides the information necessary to make rigorous and standards- based renewal, revocation, and intervention decisions; 3.05(A)(2) Defining and communicating to schools the process, methods, and timing of gathering and reporting school performance and compliance data; 3.05(A)(3) Implementing an accountability system that effectively streamlines federal, state, and local performance expectations and compliance requirements while protecting schools’ legally entitled autonomy and minimizing schools’ administrative and reporting burdens; 3.05(A)(4) Visiting each school as appropriate and necessary for collecting data that cannot be obtained otherwise and in accordance with the contract, while ensuring that the frequency, purposes, and methods of such visits respect school autonomy and avoid operational interference; 3.05(A)(5) Evaluating each school annually on its performance and progress toward meeting the standards and targets stated in the charter contract, including essential compliance requirements, and clearly communicates evaluation results to the school’s governing board and leadership; 3.05(A)(6) Communicating regularly with schools as needed, including both the school leader and governing board, and provides timely notice of contract violations or performance deficiencies; 3.05(A)(7) Providing an annual written report to each school, summarizing its performance and compliance to date and identifying areas of strength and areas needing improvement; and 3.05(A)(8) Articulating and enforcing stated consequences for failing to meet performance expectations or compliance requirements. 3.05(B) The Charter School Authorizer demonstrates respects school autonomy by doing the 3.05(B)(1) Respecting the school's authority over its day-to-day operations; 3.05(B)(2) Collecting information from the school in a manner that minimizes administrative burdens on the school, while ensuring that performance and compliance information is collected with sufficient detail and timeliness to protect student and public interests; and 3.05(B)(3) Periodically reviewing compliance requirements and evaluating the potential to increase school autonomy based on flexibility in the law, streamlining requirements, demonstrated school performance, or other considerations. 3.05(C) The Charter School Authorizer protects student rights by doing the following: 3.05(C)(1) Ensuring that schools admit students through a random selection process that is open to all students, publicly verifiable, and does not establish undue barriers to application (such as mandatory information meetings, mandated volunteer service, or parent contracts) that have the effect of excluding students based on socioeconomic, family, or language background, prior academic performance, special education status, or parental involvement; 3.05(C)(2) Ensuring that schools provide access and services to students with disabilities as required by federal and state law; 3.05(C)(3) Ensuring that schools provide access to and appropriately serve other special populations of students, including English learners, homeless students, and gifted students, as required by federal and state law; and 3.05(C)(4) Ensuring that schools' student discipline policies and actions are legal and fair, and that no student is expelled or counseled out of a school outside of that process. 3.05(D) The Charter School Authorizer demonstrates exemplary practices related to intervention by doing the following: 3.05(D)(1) Establishing and making known to schools at the outset an intervention policy stating the general conditions that may trigger intervention and the types of actions and consequences that may ensue; 3.05(D)(2) Giving schools clear, adequate, evidence-based, and timely notice of contract violations or performance deficiencies; 3.05(D)(3) Allowing schools reasonable time and opportunity for remediation in nonemergency situations; and 3.05(D)(4) Where intervention is needed, engaging in intervention strategies that clearly preserve school autonomy and responsibility (identifying what the school must remedy without prescribing solutions). 3.5(E) The Charter School Authorizer produces an annual public report that provides clear, accurate performance data for the charter schools it oversees, reporting on individual school and overall portfolio performance according to the framework set forth in the charter contract. 3.6 Revocation and Renewal Decision Making. The Charter School Authorizer designs and implements a transparent and rigorous process that uses comprehensive academic, financial, and operational performance data to make merit-based renewal decisions, and revokes charters when necessary to protect student and public interests. 3.06(A) The Charter School Authorizer revokes a charter during the charter term if there is clear evidence of extreme underperformance or violation of law or the public trust that imperils students or public funds. 3.06(B) In addition to the required standards outlined in § 22-30.50-110, C.R.S., the Charter School Authorizer ensures that renewal decisions are based on merit and inclusive evidence by doing the following: 3.06(B)(1) Basing the renewal process and renewal decisions on thorough analyses of a comprehensive body of objective evidence defined by the performance framework in the charter contract, and ensuring that improved academic achievement is the most important factor to consider when determining whether to revoke or not renew a charter; 3.06(B)(2) Granting renewal only to schools that have achieved the standards and targets stated in the charter contract, are organizationally and fiscally viable, and have been faithful to the terms of the contract and applicable law; and 3.06(B)(3) Not making renewal decisions, including granting probationary or shortterm renewals, on the basis of political or community pressure or solely on promises of future improvement. 3.06(C) The Charter School Authorizer demonstrates exemplary practices related to its cumulative report and renewal application by doing the following: 3.06(C)(1) Providing to each school, in advance of the renewal decision, a cumulative performance report that summarizes the school’s performance record over the charter term and states the authorizer’s summative findings concerning the school’s performance and its prospects for renewal; and 3.06(C)(2) Requiring any school seeking renewal to apply for it through a renewal application, which provides the school a meaningful opportunity and reasonable time to respond to the cumulative report; correct the record, if needed; and present additional evidence regarding its performance. 3.06(D) The Charter School Authorizer uses a fair and transparent process by doing the 3.06(D)(1) Clearly communicating to schools the criteria for charter revocation, renewal, and non-renewal decisions, consistent with the charter contract; 3.06(D)(2) Promptly notifying each school of its renewal (or, if applicable, revocation) decision, including written explanation of the reasons for the decision; 3.06(D)(3) Promptly communicating renewal or revocation decisions to the school community and public within a time frame that allows parents and students to exercise choices for the coming school year; 3.06(D)(4) Explaining in writing any available rights of legal or administrative appeal through which a school may challenge the authorizer’s decision; and 3.06(D)(5) Regularly updating and publishing the process for renewal decision making, including guidance regarding required content and format for renewal applications. 3.06(E) In the event of a school closure, the Charter School Authorizer oversees and works with the school governing board and leadership in carrying out a detailed closure protocol that ensures timely notification to parents; orderly transition of students and student records to new schools; and disposition of school funds, property, and assets in accordance with law. _________________________________________________________________________

Editor's Notes

History Entire rule eff. 03/01/2012.

Entire rule eff. 03/17/2022.

1 CCR 301-89 Rules for Administration of Funding Assistance to Boards of Cooperative Education Services in Implementing and Meeting State Educational Priorities {#sec-1-ccr-301-89 omnilex-key=us-co-regs-official--department-4--1 CCR 301-89}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR ADMINISTRATION OF FUNDING ASSISTANCE TO BOARDS OF COOPERATIVE EDUCATION SERVICES IN IMPLEMENTING AND MEETING STATE EDUCATIONAL PRIORITIES 1 CCR 301-89 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 0.00 STATEMENT OF BASIS AND PURPOSE These rules are promulgated pursuant to Colorado Revised Statutes section 22-2-107 (1) (c) and section 22-5-122 (6). Section 22-5-122, C.R.S., authorizes the Colorado Department of Education to administer state moneys to Boards of Cooperative Education Services to assist their participating school districts in implementing and meeting the state’s educational priorities. Section 22-5-122 (6), C.R.S., requires the Colorado State Board of Education to promulgate rules for the administration of this funding.

1.00 DEFINITIONS 1.01 "BOCES" or "Board of Cooperative Services" shall have the same meaning as provided in section 22-5-103 (2), C.R.S. 1.02 "Commissioner" means the office of the commissioner of education created and existing pursuant to

section 1 of article IX of the state constitution. 1.03 "Department" means the Colorado Department of Education created pursuant to section 24-1-115, C.R.S. 1.04 "School District" or "District" means a School District organized and authorized by section 15 of

Article IX of the state constitution and organized pursuant to article 30 of title 22, Colorado Revised Statutes. 1.05 "State Board" means the State Board of Education established pursuant to Section 1 of Article IX of the state constitution.

2.00 ELIGIBILITY AND APPLICATION FOR FUNDING 2.01 On or before June 1, 2012, on or before March 1, 2015, and on or before March 1 every third year thereafter, the Commissioner, in consultation with a statewide association in the state that represents one or more BOCES in the state and a council created by the Commissioner that advises the Commissioner and the Department regarding the needs and concerns of rural school districts in the state, shall determine the state’s educational priorities for purposes of section 22-5- 122, C.R.S. The priorities may include, but need not be limited to, educator effectiveness, School District accreditation and accountability, and standards and assessments for preschool through elementary and secondary education. 2.02 For the 2012-13 fiscal year and each fiscal year thereafter, a BOCES may receive state moneys, in addition to any other moneys received pursuant to Article 22, by submitting a plan to the State Board that details how the BOCES will use the additional moneys to assist its participating School Districts in implementing and meeting the state’s educational priorities. 2.03 Plans submitted by BOCES to the State Board shall be submitted electronically, using a template provided by the Department, and shall include the following information: 2.03 (A) A description of how the BOCES will use the additional moneys to assist its participating School Districts in implementing and meeting the state’s educational priorities; 2.03 (B) Information about which School Districts will be participating in the plan and evidence that the participating School Districts have reviewed and consented to the plan; 2.03 (C) Information concerning the key personnel who will be responsible for the activities described in the plan and general timelines for when the activities will be carried out; 2.03 (D) The measureable student outcomes that the BOCES expects its School Districts to achieve as a result of the activities described in the plan; and 2.03 (E) For the 2013-14 fiscal year, and each fiscal year thereafter, for a BOCES that also submitted a plan in the previous fiscal year, a description of the results of the previous year’s plan. 2.04 The Department will review the plans submitted and work with applicants to ensure quality plans likely to deliver desired student outcomes. 2.05 A BOCES may develop a memorandum of understanding with a School District that is contiguous to the area of the BOCES, but that is not a member of the BOCES, to enable the District to participate with the BOCES in the plan submitted to the State Board. 2.06 Two or more BOCES may collaborate regarding the implementation of a plan submitted to the State Board. 2.07 If a BOCES chooses not to submit a plan to the State Board, the member Districts of that BOCES shall be permitted to submit a plan as a consortium of Districts or as a newly formed BOCES.

Districts that submit a plan as a consortium shall identify a lead District to administer and account for the funds on behalf of the consortium. 2.08 If a BOCES submits a plan to the State Board, one or more of its member School Districts may choose not to participate in the BOCES plan. This shall not prevent the BOCES ability to work with the BOCES’ other member School Districts to implement the plan.

3.00 DISTRIBUTION OF FUNDING 3.01 The Colorado General Assembly may appropriate moneys to the Department for purposes of

section 22-5-122, C.R.S. Of the amount appropriated, the Department may retain up to one hundred twenty thousand dollars annually for the purpose of funding a Departmental liaison for rural School Districts and up to fifty thousand dollars annually for the purpose of funding the Department’s ongoing support of a council created by the Commissioner that advises the Commissioner and the Department regarding the needs and concerns of rural School Districts.

The Department shall distribute the remaining amount appropriated by the General Assembly for purposes of section 22-5-122, C.R.S. as described in sections 3.02-3.04 of these rules. 3.02 Of the amount remaining after subtracting the amounts specified in section 3.01 of these rules, the Department shall distribute the appropriated funding as follows: 3.02 (A) Forty-five (45) percent shall be distributed equally to the BOCES that submit plans as described in section 2.03 of these rules. 3.02 (B) Forty-five (45) percent shall be distributed based on the total number of member School Districts of the participating BOCES and nonmember School Districts that participate with the BOCES as detailed in the memorandum of understanding entered into pursuant to

section 2.04 of these rules. 3.02 (C) Ten (10) percent shall be distributed based on the total number of students enrolled in the member School Districts of the participating BOCES and enrolled in the nonmember School Districts that participate with the BOCES as detailed in the memorandum of understanding entered into pursuant to section 2.04 of these rules. The total number of students enrolled shall be determined using the prior year’s District funded pupil count. 3.03 For purposes of distributing funding pursuant to section 22-5-122, C.R.S., School Districts shall select a single BOCES or consortium of Districts with which to be affiliated. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 08/30/2012; expired 12/06/2012.

Entire rule eff. 04/15/2013.

1 CCR 301-90 Rules for Administration of Early Literacy Grant Program {#sec-1-ccr-301-90 omnilex-key=us-co-regs-official--department-4--1 CCR 301-90}

DEPARTMENT OF EDUCATION

RULES FOR ADMINISTRATION OF EARLY LITERACY GRANT PROGRAM

1 CCR 301-90 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 0.0 STATEMENT OF BASIS AND PURPOSE These rules are promulgated pursuant to Colorado Revised Statutes section 22-2-107 (1) (c) and section 22-7-1209 (1) (f). Section 22-7-1211, C.R.S., authorizes the Colorado Department of Education to provide money to local education providers to implement literacy support and intervention instruction programs to assist students in kindergarten and first, second, and third grades to achieve reading competency.

Section 22-7-1209 (1) (f), C.R.S., requires the Colorado State Board of Education to promulgate rules for the administration of these grant programs.

1.0 DEFINITIONS 1.1 “BOCES” or “Board of Cooperative Services” shall have the same meaning as provided in section 22-5-103 (2), C.R.S. 1.2 “Department” means the Colorado Department of Education created pursuant to section 24-1- 115, C.R.S. 1.3 “Evidence-Based” means the instruction or item described is based on reliable, trustworthy, and valid evidence and has demonstrated a record of success in adequately increasing students’ reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension. 1.4 “District Charter School” means a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22. 1.5 “Institute Charter School” means a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22. 1.6 “Local Education Provider” means a school district, a Board of Cooperative Services, a district charter school, or an institute charter school. 1.7 “Rural School District” means a Colorado school district that the Department has determined to be rural based on the geographic size of the district and the distance from the nearest large urban/urbanized area. 1.8 “School District” or “District” means a school district organized and authorized by section 15 of

Article IX of the state constitution and organized pursuant to article 30 of title 22, Colorado Revised Statutes. 1.9 “Scientifically-Based” means that the instruction or item described is based on research that applies rigorous, systematic, and objective procedures to obtain valid knowledge that is relevant to reading development, reading instruction, and reading difficulties. 1.10 “Significant Reading Deficiency” means that a student does not meet the minimum skill levels for reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension established by the State Board pursuant to section 22-7-1209, C.R.S., for the student’s grade level. 1.11 “Small Rural School District” means a Rural School District that enrolls fewer than one thousand two hundred students in kindergarten through twelfth grade. 1.12 “State Board” means the State Board of Education established pursuant to Section 1 of Article IX of the state constitution.

2.0 APPLICATION REQUIREMENTS AND TIMELINE FOR COMPREHENSIVE EARLY LITERACY 2.1 Any local education provider interested in obtaining funding shall submit a Comprehensive Early Literacy Grant application electronically to the Department, using the application form provided by the Department. Local education providers may apply individually or as part of a group of local education providers. These grants will be offered on a four year cycle. 2.2 Each Comprehensive Early Literacy Grant application submitted shall include, but need not be limited to, the following: 2.2(A) Information concerning the percentage of kindergarten and first-, second-, and thirdgrade students enrolled in the applying local education provider or group of local education providers who have Significant Reading Deficiencies and the percentage of kindergarten and first-, second-, and third-grade students who do not have Significant Reading Deficiencies but who are not meeting the grade-level expectations in reading adopted by the State Board; 2.2(B) Identification of instructional programs aligned to the READ Act that the applicant(s) plan to implement using the grant money, including a description of whether the programs are Evidence-Based or Scientifically-Based literacy support and intervention instruction programs that are proven to be successful in other public schools in Colorado or in other states; 2.2(B.3) Whether the applicant(s) employs reading coaches or plans to use all or a portion of the grant money to employ reading coaches who are trained in the science of reading and in teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension to provide educator professional development in teaching foundational reading skills. Preference will be given to the grant applicant(s) who propose to implement an embedded instructional coaching model to enhance teacher effectiveness in teaching foundational reading skills; 2.2(B.5) The degree to which the instructional program incorporates the effective use of technology, including software, to assist in assessing and monitoring student progress toward reading competency and how the grantee(s) will regularly use progress monitoring data to inform instructional decision-making; 2.2(C) Identification of the professional development program(s) that the applicant(s) plan to implement for educators to assist students in kindergarten and first, second, and third grades to achieve reading competency; 2.2(D) A description of the methods that will be used to sustain positive student achievement outcomes over time to ensure that students who move out of the Significant Reading Deficiency designation are able to sustain their improvement; 2.2(E) An explanation of the cost of the instructional program that the applicant(s) plan to implement using the grant money and an explanation of how grant funding will be used to supplement and not supplant any funding currently being used on intensive literacy programs already provided for eligible students; 2.2(F) The measurable student outcomes that the applicant expects to achieve as a result of implementing the proposed program and a description of the method that will be used to monitor and evaluate outcomes; and 2.2(G) Any other necessary information, as identified by the Department. 2.3 Starting in fiscal year 2018-2019 the Department shall approve and review the Comprehensive Early Literacy Grants on a four year cycle. The first year of the grant award will serve as an implementation year followed by three years of operationalizing the grant. Upon completion of the four-year cycle, grantees will have the opportunity to apply for an additional one year sustainability grant described in section 3.0. 2.4 If the legislature alters the appropriation for the Early Literacy Grant Program through the annual appropriations process prior to the completion of a four year cycle, the Department may choose to open another application cycle, or reduce or increase current grantees’ annual funding as necessary.

3.0 APPLICATION REQUIREMENTS AND TIMELINE FOR EARLY LITERACY SUSTAINABILITY 3.1 An application for grants to assist local education providers in sustainability planning after their receipt of a Comprehensive Early Literacy Grant, including the continued use of a literacy coach, will be opened in the final year of the Comprehensive Early Literacy Grant cycle. 3.2 Eligibility for the Sustainability Grants is limited to those local education providers that have received and are in the last year of funding for the Comprehensive Early Literacy Grant. 3.3 Each Sustainability Grant application submitted shall include but need not be limited to the following: 3.3(A) Progress made by the school(s) over the course of the Comprehensive Early Literacy Grant period; 3.3(B) A description of how the funds will support on-going positive student outcomes in literacy beyond the sustainability year; and 3.3(C) A budget for the funds requested and a plan describing how the funds will be used in the sustainability year.

4.0 APPLICATION REQUIREMENTS FOR RURAL LOCAL EDUCATION PROVIDERS 4.1 The State Board shall ensure that a local education provider that is a Rural School District or a Small Rural School District, or a District Charter School or an Institute Charter School that is located within the boundaries of a Rural School District or a Small Rural School District may submit a simplified grant application. The simplified application process will include: 4.1(A) A request to the Department for an application that includes pre-populated data indicating the percentage of kindergarten and first-, second-, and third-grade students enrolled in the applying local education provider or group of local education providers who have Significant Reading Deficiencies. 4.1(B) An optional narrative to the cost/budget proposals portion of the Comprehensive Early Literacy Grant application. 4.1(C) An optional submission of the executive summary describing the proposal. 4.1(D) Technical assistance from the Department to support application efforts. 4.2 The Department shall continue to monitor and make adjustments to the application process based on feedback from rural and small rural school districts.

5.0 APPLICATION REQUIREMENTS AND TIMELINE FOR PROFESSIONAL DEVELOPMENT 5.1 On an annual basis, any local education provider interested in obtaining funding shall submit an Early Literacy Professional Learning Grant application electronically to the Department, using the application form provided by the Department. A local education provider may apply individually or as part of a group of local education providers. 5.2 Each Early Literacy Professional Learning Grant application submitted shall include, but need not be limited to, the following: 5.2(A) Information concerning the percentage of kindergarten and first-, second-, and thirdgrade students enrolled in the applying local education provider or group of local education providers who have Significant Reading Deficiencies and the percentage of kindergarten and first-, second-, and third-grade students who do not have Significant Reading Deficiencies but who are not meeting the grade-level expectations in reading adopted by the State Board; 5.2(B) Identification of the Evidence-Based or Scientifically-Based universal instruction and intervention programs that the applicant(s) are currently implementing; 5.2(B.3) Whether the applicant(s) employ reading coaches or plan to use all or a portion of the grant money to employ reading coaches who are trained in the science of reading and in teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension to provide educator professional development in teaching foundational reading skills. Preference will be given to the grant applicant(s) who propose to implement an embedded instructional coaching model to enhance teacher effectiveness in teaching foundational reading skills; 5.2(B.5) The degree to which the instructional program incorporates the effective use of technology, including software, to assist in assessing and monitoring student progress toward reading competency and how the grantee(s) will regularly use progress monitoring data to inform instructional decision-making; 5.2(C) Identification of the professional development program(s) that are evidenced-based or scientifically based and that the applicant(s) plan to implement for educators to assist students in kindergarten and first, second, and third grades to achieve reading competency; 5.2(D) A description of how acquiring these additional funds will support positive student achievement outcomes over time to ensure that students in all tiers, including those who move out of the Significant Reading Deficiency designation are able to sustain their improvement; 5.2(E) An explanation of the cost of the identified professional development plan that the applicant(s) requests to implement using the grant money and an explanation of how grant funding will be used to supplement and not supplant any funding currently being used; 5.2(F) The measurable student outcomes that the applicant expects to achieve as a result of implementing the proposed professional development plan and a description of the method that will be used to monitor and evaluate outcomes; and 5.2(G) Any other necessary information, as identified by the Department. 5.3 Annually, the Department shall review each grant application received and recommend to the State Board whether to award the grant and the duration and amount of each grant. 5.4 On or before June 15 of each year, based on the recommendations of the Department, the State Board shall award grants to applying local education providers or groups of local education providers.

6.0 APPLICATION EVALUATION CRITERIA 6.1 In reviewing applications for the Comprehensive and Professional Development Early Literacy Grant to recommend which applicants should receive grant funding and the duration and amount of each grant, the Department shall consider the following criteria: 6.1(A) The percentage of kindergarten and first-, second-, and third-grade students enrolled in the applying local education provider or group of local education providers who have Significant Reading Deficiencies and the percentage of kindergarten and first-, second-, and third-grade students who do not have Significant Reading Deficiencies but who are not meeting grade-level expectations in reading adopted by the State Board; 6.1(B) The use or proposed use of instructional programming which is aligned to the READ Act and is Evidence-Based or Scientifically-Based; 6.1(C) Whether the local education provider or group of local education providers employs reading coaches or plans to use all or a portion of the grant money to employ reading coaches; 6.1(D) The degree to which the instructional program incorporates the effective use of technology, including software, to assist in assessing and monitoring student progress toward reading competency; 6.1(E) In the case of a board of cooperative services that applies for a grant to provide instructional support in literacy, the number of small rural school districts, the number of kindergarten and first-, second-, and third-grade students enrolled in the small rural school districts, and the resources available to the small rural school districts that will receive instructional support as a result of the grant; 6.1(F) The quality of the professional development program(s) that the applicant(s) plan to implement for educators to assist students in kindergarten and first-, second-, and thirdgrade students to achieve reading competency; 6.1(G) The plan the applicant has to sustain positive student gains over time; 6.1(H) The cost of the instructional program that the applicant(s) plan to implement using the grant money; and 6.1(I) The rigor with which the applicant(s) intend(s) to monitor and evaluate the implementation of the proposed program. 6.2 In reviewing applications for the Early Literacy Sustainability Grant to recommend which applicants should receive grant funding, the duration, and the amount of each grant, the Department shall consider the following: 6.2(A) How and what local funds will be used to support literacy achievement over time; 6.2(B) The transition plan to ensure that new personnel and stakeholders are aligned to the grant efforts; 6.2(C) The professional development plan to build system capacity as consultant and CDE support transition out of the system; and 6.2(D) The quality of the written plan describing how support and continued professional growth will be offered through and beyond the sustainability fund year aligned to ongoing monitoring of student growth and progress.

7.0 DATA COLLECTION AND REPORTING 7.1 Each local education provider that receives an early literacy grant shall submit information to the Department describing the following: 7.1(A) In detail, the specific expenditures for which the local education provider used the grant money; 7.1(B) If the local education provider purchased instructional programming in reading using grant money, the scores attained by students enrolled in kindergarten through third grade on the interim reading assessments administered pursuant to section 22-7-1205, C.R.S.; 7.1(C) The number and grade levels of students who participated in each of the types of programs or services provided; 7.1(D) The progress made by participating students in achieving reading competency; and 7.1(E) Any other information required by the Department or the independent evaluator contracted by the Department to complete the evaluation described in section 22-7- 1209(8). The local education provider, in providing the information, and the Department and independent evaluator in receiving and using the information, shall comply with state and federal laws to protect the privacy of student information. The local education provider, the Department and the independent evaluator shall collaborate to minimize the impact on instructional time that may result from collecting and providing the information. 7.2 The Department shall annually submit to the State Board, governor, the president of the senate, the speaker of the house of representatives, and the education committees of the house of representatives and the senate, or any successor committees, and shall post on the Department web site a report that includes a summary of the implementation of the early literacy grant program in the preceding budget year, including the number of grants, the local education providers that received grants, and the amount of each grant. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 11/30/2012.

Entire rule eff. 11/30/2018.

Entire rule eff. 10/30/2019.

Rules 6.1, 7.1(A) eff. 04/15/2020.

Annotations

Rule 4.01(D) (adopted 10/17/2012) was not extended by Senate Bill 13-079 and therefore expired 05/15/2013.

1 CCR 301-91 Rules Concerning Charter Schools Applying for Federal and State Grants and Programs {#sec-1-ccr-301-91 omnilex-key=us-co-regs-official--department-4--1 CCR 301-91}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES CONCERNING CHARTER SCHOOLS APPLYING FOR FEDERAL AND STATE GRANTS AND PROGRAMS 1 CCR 301-91 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 Statement of Basis and Purpose.

Revisions to these rules are required by H.B. 13-1219, which revised sections 22-30.5-101, 503, and 507 C.R.S., to allow a charter school or consortium of charter schools to be treated as a local education agency for the purposes of applying for and determining eligibility for a non-formulaic, competitive grant or program and to allow the charter school institute to act as the fiscal manager for the grant or program.

These rules are applicable to state administered non-formulaic, competitive grants or programs of state or federal funds.

The statutory basis for these rules is found in section 22-2-107 (1) (c), C.R.S., outlining state board duties and in section 22-30.5-503, C.R.S., which requires the state board of education to promulgate rules to establish processes, guidelines, and eligibility for a single school or consortium of schools to apply for non-formulaic, competitive grants and programs. 2.00 Definitions. 2.01 Charter School means a public school that enters into a charter contract pursuant to the provisions of part 1 of article 30.5 of title 22, C.R.S., or an institute charter school authorized pursuant to part 5 of article 30.5 of title 22, C.R.S. 2.02 Charter School Institute or CSI means the independent agency in the Colorado Department of Education, established pursuant to section 22-30.5-503, C.R.S. 2.03 Local Education Agency or LEA refers to a local school district, the Charter School Institute, or a charter school or consortium of charter schools, for purposes of applying and determining eligibility for a non-formulaic, competitive grant program created by a federal or state statute or program. 3.00 Eligibility Criteria 3.01 A Charter School or consortium of Charter Schools may apply for a non-formulaic, competitive grant or program targeted towards either school-level or LEA-level activities if the Charter School or consortium itself meets the specific grant or program application eligibility requirements. 3.02 A single Charter School or consortium of Charter Schools shall not be eligible to apply to a grant program created in the federal "Individuals with Disabilities Education Act" 20. U.S.C. sec 1400 et seq. as amended, or in its implementing regulations. 4.00 Grant and Program Application and Administrative Processes 4.01 A Charter School that wishes to be treated as a Local Education Agency for eligibility to apply for a non-formulaic, competitive grant or program must designate either its authorizer or CSI to serve as the fiscal manager for the grant or program. A Charter School consortium that wishes to be treated as a Local Education Agency for eligibility to apply for a non-formulaic, competitive grant or program must designate either a lead authorizer or CSI to serve as the fiscal manager for the grant or program. 4.02 If a Charter School intends to apply for a grant that the school’s authorizing school district is also intending to apply for, the Charter School shall seek to collaborate with the school district in the application and to submit the application jointly. If the Charter School and the school district are unable to agree to collaborate in applying for the grant, the Charter School may apply for the grant independently or in collaboration with other Charter Schools. 4.03 A Charter School or consortium of Charter Schools that wishes to have its authorizer or a lead authorizer serve as the fiscal manager for a grant or program application must notify the authorizer in advance of applying for the grant or program. A Charter School or consortium of Charter Schools that wishes to have CSI serve as the fiscal manager for a grant or program application must contact CSI and obtain permission from CSI in advance of applying for the grant or program. 4.04 In accordance with any rule established by the Charter School Institute board, a Charter School or consortium of Charter Schools may be required to pay a fee to CSI if CSI is requested to act as the fiscal manager for the Charter School or consortium. The amount of the fee must not exceed the direct costs incurred by the Institute in administering the grant or program. 4.05 A Charter School that applies for a grant, independently or as a part of a consortium, pursuant to

section 22-30.5-104, C.R.S. shall provide the following to its authorizer: 4.05(a) a copy of the grant application at the time the application is submitted to the grant maker; 4.05(b) notice that the Charter School did or did not receive the grant moneys; and 4.05(c) if the Charter School receives grant moneys, a summary of the grant requirements, a summary of how the Charter School is using the grant moneys, and periodic reports on the Charter School’s progress in meeting the goals of the grant as stated in the application. 4.06 For any grant or program funds distributed by the Colorado Department of Education, the fiscal manager identified by the Charter School or the consortium of Charter Schools (either a Charter School authorizer or CSI) shall receive the distribution from the department and then provide the Charter School with access to that funding. 4.07 If CSI serves as the fiscal manager for a Charter School or consortium of Charter Schools, grant or program funding shall be distributed to the Charter School or consortium by CSI, as dictated by the grant distribution schedule, and if not dictated by the grant distribution schedule, then as agreed to in writing by CSI and the Charter School or consortium. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/14/2013.

Entire rule eff. 03/30/2014.

1 CCR 301-92 Rules for the Administration of the Colorado Reading to Ensure Academic Development Act (read Act) {#sec-1-ccr-301-92 omnilex-key=us-co-regs-official--department-4--1 CCR 301-92}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE COLORADO READING TO ENSURE ACADEMIC

DEVELOPMENT ACT (READ ACT)

1 CCR 301-92 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose.

These rules are promulgated pursuant to Colorado Revised Statutes sections 22-7-1208(6)(f), 1208(6.5)(d), 1208(6.7)(d), and 1209(1), which authorize the Colorado State Board of Education to promulgate Rules for the Administration of the Colorado Reading to Ensure Academic Development Act (the Colorado READ Act). 2.0 Definitions. 2.1 Administrator: Any school-based or centrally- or regionally-based employee of an LEP who is responsible for designing, implementing and/or providing professional development on the elementary literacy instructional program for kindergarten or any of grades one through three in any school or LEP in the state, and who is not the principal. This would include an assistant or vice principal of an elementary school. It also includes any employee of the LEP conducting observations of and/or providing coaching to a teacher providing literacy instruction in kindergarten or grades one through three. 2.2 Advisory: Recommendations made by the Colorado Department of Education that meet the requirements for scientifically based reading research or evidence-based. These may include but are not limited to the topics of classroom resource materials, instructional programming, interventions, and professional development. 2.3 Body of Evidence: A collection of information about a student’s academic performance which, when considered in its entirety, documents the level of a student’s academic performance. A body of evidence, at a minimum, shall include scores on formative or interim assessments and work that a student independently produces in a classroom, including but not limited to the school readiness assessments adopted pursuant to section 22-7-1004(2)(a), C.R.S.. A body of evidence may include scores on summative assessments if a local education provider decides that summative assessments are appropriate and useful in measuring students’ literacy skills. 2.4 Colorado Academic Standards: The 2020 Colorado Academic Standards for Reading, Writing, and Communicating (adopted June 13, 2018), which identify the knowledge and skills that a student should acquire as the student progresses from preschool through elementary and secondary education, as adopted by the State Board of Education pursuant to section 22-7-1005, C.R.S. 2.5 Comprehension: The process of extracting and constructing meaning from written texts.

Comprehension has three key elements: (1) the reader; (2) the text; and (3) the activity. 2.6 Department: The Colorado Department of Education created pursuant to section 24-1-115, C.R.S. 2.7 Diagnostic Assessment: A state board approved assessment which schools are required to use for students identified through screening as possibly having a significant reading deficiency so as to pinpoint a student’s specific area(s) of weakness and provide in-depth information about students’ skills and instructional needs. 2.8 Duration: The length (number of minutes) of a session multiplied by the number of sessions per school year. 2.9 Enrollment: For the purposes of the READ Act, enrollment refers to the student’s first day of school. 2.10 Explicit Instruction: Instruction that involves direct explanation in which concepts are explained and skills are modeled, without vagueness or ambiguity. The teacher’s language is concise, specific, and related to the objective, and guided practice is provided. 2.11 Evidence-Based: The instruction or item described is based on reliable, trustworthy, and valid evidence and has demonstrated a record of success in adequately increasing students’ reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension. 2.12 Fidelity: The delivery of instruction in the way in which it was designed to be delivered. 2.13 Fluency: The capacity to read words in connected text with sufficient accuracy, rate, and prosody to comprehend what is read. 2.14 Frequency: How often an intervention occurs used within a Response to Intervention framework.

Frequency of an intervention, in conjunction with intensity, fidelity of delivery, and duration, may be used as an element to determine the effectiveness of an intervention. 2.15 Intervention: The practice of providing scientifically-based, high-quality instruction and progress monitoring to students who are below proficient in reading. 2.16 Instructional Programming: Scientifically-based or evidence-based resources in reading instruction that local education providers are encouraged to use including but not limited to interventions, tutoring, and instructional materials that adequately teach students to read and may include materials used within a multi-tiered system of support including the universal/core level and supplemental and intensive interventions. 2.17 Intensity: More time daily above and beyond 90+ minutes of universal (Tier 1) instruction, which is focused on the specific needs of the student as identified by a diagnostic measure. Instruction can be intensified in three ways: (1) more time, (2) more targeted instruction, and (3) smaller group size. 2.18 Interim Assessment: A universal screening assessment administered to all students to identify those who may experience lower than expected reading outcomes who may be at risk for reading challenges. 2.19 Judicious Review: A review of previously learned information over time, integrated into more complex tasks, in order to enhance the learning of new skills. 2.20 Local Education Provider or LEP: A school district, a board of cooperative services, a district charter school, or an institute charter school. 2.21 Mastery: A student can successfully perform, apply, and transfer their knowledge of the task at least 85% of the time. 2.22 Multi-tiered Systems of Supports: A systemic preventive approach that addresses the academic and social-emotional needs of all students at the universal, targeted, and intensive levels.

Through the multi-tiered systems of supports, a teacher provides high-quality, scientifically based or evidence-based instruction and intervention that is matched to student needs; uses a method of monitoring progress frequently to inform decisions about instruction and goals; and applies the student’s response data to important educational decisions. 2.23 Oral Language: The ability to produce and comprehend spoken language, including vocabulary and grammar. 2.24 Phonemic Awareness: A subset of phonological awareness in which listeners are able to hear, identify, and manipulate phonemes, the smallest units of sound that can differentiate meaning. 2.25 Phonological Awareness: Awareness of the sound structure of spoken words at three levels: (1) rhyming to onset and rime; (2) segmenting and blending; and (3) manipulating individual phonemes 2.26 Phonics: A method of teaching reading and writing by developing learners’ phonemic awareness, that is, the ability to hear, identify, and manipulate the sounds (phonemes) in order to teach the correspondence between these sounds and the spelling patterns (graphemes) that represent them. 2.27 Principal: Any person who is employed as the chief executive officer of any school in the state that serves kindergarten or any of grades one through three. 2.28 Professional Development: Activities that develop an individual’s skills, knowledge, expertise and other characteristics as a teacher or educational professional. Such activities include but are not limited to, updating individuals’ knowledge of literacy in light of recent advances; updating individuals’ skills, attitudes, and approaches in light of the development of new teaching techniques and objectives, new circumstances, and new educational research; enabling individuals to apply changes made to curricula or other aspects of the teaching practice of literacy; enabling schools to develop and apply new strategies concerning the curriculum and other aspects of the teaching of literacy; and exchanging information and expertise among teachers and others. This definition recognizes that professional development can be provided in many ways, ranging from the formal to the informal and can be made available through external expertise in the form of courses, workshops or formal qualification programs, and through collaboration between schools or teachers across schools. 2.29 Progress Monitoring: An assessment used to determine whether students are making adequate progress and to determine whether instruction needs to be adjusted. 2.30 Reading Interventionist: An individual employed to teach students and whose primary job duties include providing reading intervention to students on READ Act Plans during regular school hours to supplement core academic instruction and who is employed in any of grades K-12. 2.31 School District: A school district, other than a junior college district, organized and existing pursuant to law. 2.32 Scientifically Based: The instruction or item described is based on research that applies rigorous, systematic, and objective procedures to obtain valid knowledge that is relevant to reading development, reading instruction, and reading difficulties. 23.33 Screening: An assessment that provides a quick sample of critical reading skills that will inform the teacher if the student is on track for grade level reading competency by the end of the school year. A screening assessment is a first alert that a student may need extra help to make adequate progress in reading during the year. 2.34 Significant Reading Deficiency: A student does not meet the minimum skill levels for reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension established by the state board for the student’s grade level. 2.35 State Board: The state board of education created pursuant to section 1 of article IX of the state constitution. 2.36 Sufficient Duration: Dependent on a number of factors including the program or strategy being used, the age of the student, and the severity of the deficit involved. 2.37 Summative Assessment: An end of year comprehensive measurement of student mastery in order to inform taxpayers and state policy makers, support identification of successful programs, and serve a variety of state and federal accountability needs. 2.38 Systematic Instruction: A carefully planned sequence of instruction that is thought out and designed before activities and lessons are planned, maximizing the likelihood that whenever children are asked to learn something new, they already possess the appropriate prior knowledge and understandings to see its value and to learn it effectively. 2.39 Teacher: The professional responsible for the literacy instruction of the student(s) and may include the main instructor for a class, an instructional coach, Reading Interventionist (in grades K-3), special education teacher, Title I teacher or other personnel who are identified as effective in the teaching of reading and who has been employed to teach kindergarten or any of grades one through three. 2.40 Vocabulary: Knowledge of words and word meanings and includes words that a person understands and uses in language. Vocabulary is essential for both learning to read and comprehending text. 3.00 Administration of Interim and Diagnostic Reading Assessments and Determination of a Significant Reading Deficiency. 3.01 All students in grades K-3 shall be assessed with a state board approved interim reading assessment. 3.01(A) Students in kindergarten shall be assessed using a state board approved interim reading assessment during the first 90 days of the school year. If an LEP administers the state board approved interim reading assessment within the first 60 days of the school year, it is not required to administer the literacy component of the school readiness assessment required pursuant to section 22-7-1014(1)(a), C.R.S. 3.01(B) Each student in grades one through three shall be assessed using a state board approved interim reading assessment within 30 calendar days of the student’s first day of attendance. 3.01(C) If, based on grade-level cut-scores on the state board approved interim reading assessment in a specific school year, a teacher finds that a student demonstrates reading competency appropriate for his or her grade level, the LEP is not required to administer the state board approved interim reading assessments to the student for the remainder of the specific school year. Students who score at or below the cut-off score for a significant reading deficiency on a state board approved interim reading assessment shall receive the services outlined in section 4.00 of these rules, below. 3.01(D) If a student scores below the cut-score on the approved interim assessment, the student shall be assessed using a state board approved diagnostic assessment within 60 calendar days of the initial administration of the interim reading assessment. During the 60 day window, the LEP shall ensure the student receives scientifically-based and evidence-based core instruction and intervention. The diagnostic assessment shall be used to identify the student’s specific skill deficiencies in one or more of the following components of reading: phonemic awareness; phonics; vocabulary development; reading fluency including oral skills and reading comprehension. 3.02 In grades K-3, a determination that a child has a significant reading deficiency in English will be based on: 3.02(A) A child scoring below the cut-score for a significant reading deficiency on a state board approved interim assessment; and 3.02(B) Results from a state board approved diagnostic assessment that identifies a student’s significant reading deficiency in one or more of the following components of reading: phonemic awareness; phonics; vocabulary development; reading fluency including oral skills and reading; and 3.02(C) A body of evidence. 3.03 For students who receive literacy instruction in both English and Spanish, the LEP may opt to utilize a state board approved interim reading assessment in Spanish to determine whether the student has a significant reading deficiency. In these instances, students shall also be assessed once annually using a state board approved interim reading assessment in English for the

purpose of informing reading instruction and intervention services and for the monitoring of student progress toward grade level reading competency. This section 3.04 shall not apply to a student who is an English language learner, as defined in section 22-24-103, C.R.S., and whose native language is Spanish. 3.04 For a student who is an English language learner, as defined in section 22-24-103, C.R.S., and whose native language is Spanish, the LEP shall determine whether the student takes the state board approved interim reading assessment in English or Spanish. If the state board adopts a list of approved readiness assessments pursuant to section 22-7-1209, C.R.S., that includes assessments in languages other than English or Spanish, the LEP shall determine whether a student who is an English language learner, as defined in section 22-24-103, C.R.S., and whose native language is not Spanish, will take the state board approved interim reading assessments in the student’s native language. If a student takes a reading assessment in the student’s native language, the LEP may also administer a state board approved interim reading assessment in English to the student, at the request of the student’s parent. The LEP shall explain the rationale for the decision verbally and in writing. 3.05 If a student who is an English language learner takes a state board approved interim reading assessment in the student’s native language, the LEP shall determine, and communicate in writing to the student’s parent in a language the parent understands, if possible, the level of English proficiency at which the student must take at least one of the state board approved interim reading assessments in English. In determining whether a student must take the reading assessments in a language other than English, each LEP shall review the student’s score on the most recent annual assessment administered pursuant to the English Language Proficiency Act, C.R.S. section 22-24-101, et seq. If the student scores within the range that the LEP determines demonstrates partial proficiency in English or higher, the LEP shall ensure that the student annually takes at least one of the state board approved interim reading assessments in English. 4.00 Upon Determination of Significant Reading Deficiency. 4.01 For students in grades K-3, upon determining a child has a significant reading deficiency, the LEP shall complete all of the following: 4.01(A) The LEP shall ensure that information from the diagnostic assessment and a body of evidence is used to inform the development of the student’s READ plan pursuant to

section 22-7-1206, C.R.S. as soon as practicable. 4.01(B) The LEP shall monitor the ongoing progress of students determined to have a significant reading deficiency by administering the selected state board approved interim assessment periodically throughout the school year and by collecting a body of evidence demonstrating student progress toward the Minimum Reading Competency Skill Levels described below. Once a student demonstrates grade level competency, he or she may be removed from a READ plan. 4.01(C) Beginning in the 2020-21 school year and annually thereafter, the department, in consultation with stakeholders, shall provide guidance on how to determine when a student demonstrates grade level competency and should be removed from a READ plan. 5.00 Minimum Reading Competency Skill Levels.

The following competency skill levels guide literacy instruction and interventions for students. These competency skill levels are based on the scores attained on the approved reading assessments identified in section 9.00 of these rules and the Colorado Academic Standards, and have a significant correlation to reading on grade level. Students in second and third grades may demonstrate that they have attained the minimum reading skill levels primarily through scores from a state board approved interim reading assessment. The state board shall review the minimum reading competency skill levels on or before July 1, 2019, and every four years thereafter and update them as necessary. 5.01 Kindergarten Minimum Reading Competency Skill Levels:

(A) Phonological Awareness. 5.01(A)(1) Recognize and produce rhyming words; 5.01(A)(2) Identify and produce groups of words that begin with the same sound (alliteration); 5.01(A)(3) Count, pronounce, blend, and segment syllables in spoken words. 5.01(B) Phonemic Awareness. 5.01(B)(1) Blend and segment the onset and rime of single syllable spoken words; 5.01(B)(2) Identify phonemes for letters; 5.01(B)(3) Identify the initial, medial, and final phoneme of spoken words; 5.01(B)(4) Isolate and pronounce initial, medial vowel, and final sounds in spoken single-syllable words; 5.01(B)(5) Add or substitute individual sounds in simple, one-syllable words to make new words. 5.01(C) Concept of print. 5.01(C)(1) Demonstrate understanding of the organization and basic features of print; 5.01(C)(2) Understand that words are separated by spaces in print, also known as concept of word; 5.01(C)(3) Identify the front cover, back cover, and title page of a book; while significant, this skill is a lower indicator of future reading success and should not be weighed as heavily as the other skills when determining if a child has attained mastery of the Minimum Reading Competency Skill Levels; 5.01(C)(4) Recognize that spoken words are represented in written language by specific sequences of letters. 5.01(D) Alphabetic Principle. 5.01(D)(1) Recognize and name all upper- and lowercase letters of the alphabet.. 5.01(E) Phonics. 5.01(E)(1) Demonstrate basic knowledge of letter-sound correspondences by producing the primary or most frequent sound for each consonant; 5.01(E)(2) Distinguish between similarly spelled words by identifying the sounds of the letters that differ; 5.01(E)(3) Associate the long and short sounds with the common spellings for the five major vowels; 5.01(E)(4) Read text consisting of short sentences comprised of learned sight words and consonant-vowel-consonant (CVC) words and may also include rebuses that represent words that cannot be decoded or recognized. 5.01(F) Vocabulary Development. 5.01(F)(1) Identify new meanings for familiar words and apply them accurately; 5.01(F)(2) Use the most frequently occurring inflections and affixes; 5.01(F)(3) Use new vocabulary that is directly taught through reading, speaking, and listening; while significant, this skill is a lower indicator of future reading success and should not be weighed as heavily as the other skills when determining if a child has attained mastery of the Minimum Reading Competency Skill Levels; 5.01(F)(4) Relate new vocabulary to prior knowledge; while significant, this skill is a lower indicator of future reading success and should not be weighed as heavily as the other skills when determining if a child has attained mastery of the Minimum Reading Competency Skill Levels. 5.01(G) Oral Language. 5.01(G)(1) Use words and phrases acquired through conversations, reading and being read to, and responding to texts; 5.01(G)(2) Confirm understanding of a text read aloud or information presented orally or through other media by answering questions about key details and requesting clarification if something is not understood; 5.01(G)(3) Ask and answer questions in order to seek help, get information, or clarify something that is not understood; 5.01(G)(4) Participate in collaborative conversations with diverse partners about Kindergarten topics and texts with peers and adults in small and large groups; while significant, this skill is a lower indicator of future reading success and should not be weighed as heavily as the other skills when determining if a child has attained mastery of the Minimum Reading Competency Skill Levels; 5.01(G)(5) Listen with comprehension to follow two-step directions; while significant, this skill is a lower indicator of future reading success and should not be weighed as heavily as the other skills when determining if a child has attained mastery of the Minimum Reading Competency Skill Levels. 5.01(H) Listening Comprehension. 5.01(H)(1) With prompting and support, answer questions about key details in a text; 5.01(H)(2) With prompting and support, identify characters, settings, and major events in a story; 5.01(H)(3) Recognize common types of texts. 5.02 First Grade Minimum Reading Competency Skill Levels. 5.02(A) Phonemic Awareness. 5.02(A)(1) Orally produce single-syllable words by blending sounds, including blends; 5.02(A)(2) Segment spoken single-syllable words into their complete sequence of individual sounds; 5.02(A)(3) Distinguish long from short vowel sounds in spoken single-syllable words. 5.02(B) Concept of Print 5.03(B)(1) Recognize the distinguishing features of a sentence. 5.02(C) Phonics 5.02(C)(1) Know the spelling-sound correspondences for common consonant digraphs; 5.02(C)(2) Use knowledge that every syllable must have a vowel sound to determine the number of syllables in a printed word; 5.02(C)(3) Decode two-syllable words following basic patterns by breaking words into syllables; 5.02(C)(4) Know final -e and common vowel team conventions for representing long vowel sounds; 5.02(C)(5) Read words with inflectional endings; 5.02(C)(6) Use onsets and rimes to create new words (ip to make dip, lip, slip, ship); 5.02(C)(7) Accurately decode unknown words that follow a predictable letter/sound relationship 5.02(D) Reading Fluency. 5.02(D)(1) Read grade-appropriate irregularly spelled words; 5.02(D)(2) Read a minimum of 23 words per minute in the winter with fluency; read a minimum of 53 words per minute in the spring with fluency. 5.02(E) Vocabulary Development. 5.02(E)(1) Use sentence level context as a clue to the meaning of a word or phrase; 5.02(E)(2) Identify and understand compound words. 5.02(F) Oral Language. 5.02(F)(1) Use sentence level context as a clue to the meaning of a word or phrase; 5.02(F)(2) Produce complete sentences when appropriate to task and situation. 5.02(G) Reading Comprehension. 5.02(G)(1) Answer questions about key details in a text; 5.02(G)(2) Make predictions about what will happen in the text and explain whether they were confirmed or not and why, providing evidence from the text; 5.02(G)(3) Explain major differences between books that tell stories and books that give information; 5.02(G)(4) Identify who is telling the story at various points in a text; 5.02(G)(5) Describe the connection between two individuals, events, ideas, or pieces of information in a text; 5.02(G)(6) Know and use various text features to locate key factors or information in a text; 5.02(G)(7) Identify the reasons an author gives to support points in a text; 5.02(G)(8) Compare and contrast the adventures and experiences of characters in stories; 5.02(G)(9) Describe characters, settings, and major events in a story, using key details; 5.02(G)(10) Identify basic similarities in and differences between two texts on the same topic. 5.03 Second Grade Minimum Reading Competency Skill Levels. 5.03(A) Phonemic Awareness. 5.03(A)(1) The student must be able to demonstrate all of the phonemic awareness skill competencies outlined in Kindergarten and First grade. 5.03(B) Phonics. 5.03(B)(1) Decode words with common prefixes and suffixes; 5.03(B)(2) Identify words with inconsistent but common spelling-sound correspondences; 5.03(B)(3) Distinguish long and short vowels in regularly spelled one syllable words; 5.03(B)(4) Know spelling-sound correspondences for additional common vowel teams; 5.03(B)(5) Read multisyllabic words accurately and fluently; 5.03(B)(6) Decode regularly spelled two-syllable words with long vowels. 5.03(C) Reading Fluency. 5.03(C)(1) Read grade-appropriate irregularly spelled words; 5.03(C)(2) Read a minimum of 51 words per minute in the fall with fluency; read a minimum of 72 words per minute in the winter with fluency; read a minimum of 89 words per minute in the spring with fluency; 5.03(C)(3) Read grade level text accurately and fluently, attending to phrasing, intonation, and punctuation. 5.03(D) Vocabulary Development. 5.03(D)(1) Determine the meaning of a new word formed when a known prefix is added to a known word; 5.03(D)(2) Use a known root word as a clue to the meaning of an unknown word with the same root; 5.03(D)(3) Create new words by combining base words with affixes to connect known words to new words; 5.03(D)(4) Use knowledge of the meaning of individual words to predict the meaning of compound words. 5.03(E) Oral Language. 5.03(E)(1) Use content specific vocabulary to ask questions and provide information; 5.03(E)(2) Recount or describe key ideas or details from a text read aloud. 5.03(F) Reading Comprehension. 5.03(F)(1) Recount or describe key ideas or details from a text read aloud; 5.03(F)(2) Use context to confirm or self-correct word recognition and understanding, rereading as necessary; 5.03(F)(3) Answer such questions as who, what, where, when, why and how to demonstrate understanding of key details in a text; 5.03(F)(4) Summarize the main idea using relevant and significant details in a variety of texts; 5.03(F)(5) Know and use various text features to locate key factors or information in a text efficiently; 5.03(F)(6) Identify the main purpose of a text, including what the author wants to answer, explain, or describe; 5.03(F)(7) Read text to perform a specific task such as follow a recipe or play a game; 5.03(F)(8) Explain how specific images contribute to and clarify a text; 5.03(F)(9) Compare and contrast the most important points presented by two texts on the same topic; 5.03(F)(10) Read and comprehend informational texts, including history/social studies, science, and technical texts; 5.03(F)(11) Describe how characters in a story respond to major events and challenges; 5.03(F)(12) Describe the overall structure of a story, including describing how the beginning introduces the story and the ending concludes the story; 5.03(F)(13) Compare and contrast two or more versions of the same story by different authors or by different cultures. 5.04 Third Grade Minimum Reading Competency Skills. 5.04(A) Phonemic Awareness. 5.04(A)(1) The student must be able to demonstrate all of the phonemic awareness skill competencies outlined in Kindergarten and First grade. 5.04(B) Phonics. 5.04(B)(1) Identify and know the meaning of the most common prefixes and derivational suffixes; 5.04(B)(2) Decode words with common Latin suffixes; 5.04(B)(3) Decode multisyllabic words; 5.04(C) Reading Fluency. 5.04(C)(1) Read grade-appropriate irregularly spelled words. 5.04(C)(2) Read a minimum of 71 words per minute in the fall with fluency; read a minimum of 92 words per minute in the winter with fluency; read a minimum of 107 words per minute in the spring with fluency; 5.04(C)(3) Read grade level text accurately and fluently, attending to phrasing, intonation, and punctuation. 5.04(D) Vocabulary Development. 5.04(D)(1) Determine the meaning of a new word formed when a known affix is added to a known word; 5.04(D)(2) Determine the meaning of words and phrases as they are used in a text, distinguishing literal from nonliteral language; 5.04(D)(3) Use sentence-level context as a clue to the meaning of a word or phrase; 5.04(D)(4) Use knowledge of word relationships to identify antonyms or synonyms to clarify meaning; 5.04(D)(5) Use a known root word as a clue to the meaning of an unknown word with the same root; 5.04(D)(6) Determine the meaning of general academic and domain-specific words and phrases in a text relevant to a grade 3 topic or subject area. 5.04(E) Reading Comprehension. 5.04(E)(1) Identify a main topic of a multi-paragraph text as well as the focus of specific paragraphs within the text; 5.04(E)(2) Answer questions to demonstrate understanding of a text, referring explicitly to the text as the basis for the answers; 5.04(E)(3) Use a variety of comprehension strategies to interpret text (attending, searching, predicting, checking, and self-correcting); 5.04(E)(4) Determine the main idea of a text; recount the key details and explain how they support the main idea; 5.04(E)(5) Summarize central ideas and important details from a text; 5.04(E)(6) Compare and contrast the themes, settings, and plots of stories written by the same author about the same or similar characters; 5.04(E)(7) Use semantic cues and signal words (because, although) to identify cause/effect and compare/contrast relationships; 5.04(E)(8) Describe the logical connection between particular sentences and paragraphs in a text; 5.04(E)(9) Read and comprehend informational texts, including history/social studies, science, and technical texts; 5.04(E)(10) Compare and contrast the most important points and key details presented in two texts on the same topic; 5.04(E)(11) Describe the relationship between a series of historical events, scientific ideas or concepts, or steps in technical procedures in a text, using language that pertains to time, sequence, and cause/effect. 6.00 Attributes of Effective Universal Instruction. 6.01 The attributes of a multi-tiered system of support contribute to more meaningful identification of learning problems related to literacy achievement, improve instructional quality, provide all students with the best opportunity to learn to read, assist with the identification of learning disabilities specific to learning to read, and accelerate the reading skills of advanced readers. The following are attributes of effective universal instruction. 6.01(A) Addresses the five components of reading (phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension) appropriate to the age, grade, language of instruction and needs of students, recognizing the continuum of reading development; and 6.01(B) Guided by the assessment of a student’s reading competency using a state board approved interim assessment and, based on a student’s level of risk, on an on-going

basis through the use of interim assessment probes specific to the student’s diagnosed reading skill deficiencies throughout the academic year; and 6.01(C) A minimum of 90 minutes of instruction; and 6.01(D) Utilizes a scope and sequence that is delivered explicitly with judicious review, allowing for active and engaged students; and 6.01(E) Driven by the Colorado Academic Standards. 7.00 Attributes of Effective Targeted and Intensive Instructional Intervention. 7.01 The attributes of a multi-tiered system of support contribute to more meaningful identification of learning problems related to literacy achievement, improve instructional quality, provide all students with the best opportunity to learn to read, assist with the identification of learning disabilities specific to learning to read, and accelerate the reading skills of advanced readers. The following are attributes of effective targeted and intensive instructional intervention. 7.01(A) Addresses one or more of the five components of reading with intentional focus on identified area(s) of deficit according to interim and diagnostic assessments (phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension) and; 7.01(B) Delivered with sufficient intensity, frequency, urgency, and duration and; 7.01(C) Guided by data from diagnostic, interim, and observational assessments focused on students’ areas of need and; 7.01(D) Directed by an effective teacher in the teaching of reading and; 7.01(E) Utilizes a scope and sequence that is delivered explicitly with judicious review, allowing for active and engaged students; 7.01(F) Delivered in a small group format. 8.00 Notice of Process for Possible Inclusion in Approved Assessment List(s). 8.01 At least one month prior to recommending any new interim, diagnostic, and summative assessments be added to the approved assessment list, the department must post a notice on its web-site indicating the timeline for review and recommendation of new interim, diagnostic, and summative assessments, the process and deadline for submitting assessments for consideration, and the criteria that the department will use in reviewing assessments. 8.02 In reviewing the interim, diagnostic, and summative assessments, the department will ensure that each recommended assessment: is evidence-based or scientifically-based and aligned with the preschool through elementary and secondary education Colorado Academic Standards for reading; is valid and reliable; is proven to effectively and accurately measure students’ reading skills in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension; and is proven to accurately identify deficiencies.

At least one assessment shall be normed for students who speak Spanish, consistent with the criteria outlined in section 22-7-1209 (2) (a), C.R.S. 8.03 In reviewing assessments, the department will ensure that the list of interim and diagnostic assessments includes at least one assessment that can be administered using pencil and paper as outlined in section 22-7-1209 (2) (a), C.R.S. 8.04 After reviewing all submissions, the department must notify publishers of recommended lists of interim, diagnostic, and summative assessments to be presented to the state board. 8.05 The department must review lists of approved interim, diagnostic, and summative assessments at least every four years and recommend updates to the state board as appropriate. 8.06 In reviewing, updating, and making recommendations for new reading assessments, the department must consult with LEPs, including those with high enrollments of students who are English Language Learners as defined in section 22-24-103, C.R.S., and with third-party experts to provide a technical review as necessary. The department shall ensure that the procedure outlined in section 8.00 of these rules is inclusive and transparent. 9.0 Approved Interim Reading Assessments. 9.1 In choosing approved interim reading assessments, the following criteria are considered: (1) whether the assessment is rated highly by the Department’s external evaluator; (2) it must meet all statutory criteria; (3) whether indicators that screen for the characteristics of dyslexia are imbedded into the assessment; (4) whether there is a Spanish version of the assessment that is normed for the performance of students who speak Spanish as their native language; and (5) whether there is a paper and pencil version. The following are approved interim assessments through the conclusion of the 2023-24 school year: 9.01(A) Acadience Reading (previously published under DIBELS Next) published by Acadience; 9.01(B) Amplify mCLASS with DIBELS 8th Edition, 2018; mClass Lectura 2022; 9.01(C) aimswebPlus (English and Spanish) published by Pearson; 9.01(D) FAST earlyReading English (K-1) and FAST CBMreading English (1 -3); 9.01(E) Incidaores Dinamicos del Exito en la Lectura (IDEL) published by the University of Oregon; 9.01(F) Indicators of Progress for Early Reading (ISIP ER) (English and Spanish) published by Istation; 9.01(G) i-Ready published by Curriculum Associates; 9.01(H) Curriculum Associates, LLC i-Ready Assessment for Reading, 13.0, 2022; 9.01(I) Phonological Awareness Literacy Screening (PALS) and Phonological Awareness Literacy Screening Espanol published by the University of Virginia; and 9.01(J) Star Early Learning publishes by Renaissance Learning, Inc. 9.2 Starting in the 2024-25 school year, the following will be approved interim reading assessments: 9.01(A) Acadience Reading (previously published under DIBELS Next) published by Acadience; 9.01(B) Amplify mCLASS with DIBELS 8th Edition, 2018; mClass Lectura 2022; 9.01(C) Curriculum Associates, LLC i-Ready Assessment for Reading, 13.0, 2022; 9.01(D) Indicators of Progress for Early Reading (ISIP ER) (English and Spanish) published by Istation; and 9.01(E) Star Early Learning published by Renaissance Learning, Inc. 9.3 As reading comprehension is dependent upon students’ understanding of the language, children with limited English proficiencies, as determined by the individual district’s criteria and documentation, must be assessed in their language of reading instruction, leading to their competency in reading English. 10.00 Notice of Process for Possible Inclusion on Advisory Lists of Instructional Programming and Supporting Technologies and Rigorous Professional Development Programs. 10.01 The department will review its advisory lists of instructional programming and supporting technologies and rigorous professional development programs at least every two years and update as appropriate. 10.02 At least one month prior to revising the lists, the department will post a notice on its web-site indicating the timeline for review and selection of new items, the process and deadline for submitting items for consideration, and criteria that will be used by the department in reviewing items. 10.03 The list of evidence-based or scientifically-based instructional programming and supporting technologies, including software, for assessing and monitoring student progress must be aligned with the recommended reading assessments. The list may include only programming and supporting technologies that, at a minimum: 10.03(A) Have been proven to accelerate student progress in attaining reading competency; 10.03(B) With regard to instructional programming, provides explicit and systematic skill development in the areas of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension; 10.03(C) With regard to instructional programming, is evidence-based or scientificallybased and aligned with the Colorado Academic Standards; 10.03(D) Includes evidence-based or scientifically based reliable assessments; 10.03(E) Provides initial and ongoing analysis of student’s progress; and 10.03(F) With regard to instructional programming, includes texts on core academic content. 10.04 The list of rigorous professional development programs must include programs that are available online and may only include programs that: 10.04(A) Are focused on or align with the science of reading, including teaching in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension; and 10.04(B) Are aligned to the educator preparation literacy standards referenced in the state board’s Rules for the Administration of Educator License Endorsements, 1 CCR 301-101,

section 4.02(5) through 4.02(12) (effective May 30, 2019); and 10.04(C) Include rigorous evaluations of learning throughout and at the end of the course that a person taking the course must pass to successfully complete the course. 10.05 In reviewing and updating its advisory list of instructional programming and professional development programs, the department must consult with LEPs, including those with high enrollments of students who are English Language Learners as defined in section 22-24-103, C.R.S., and with third-party experts to provide a technical review as necessary. The department shall ensure that the procedure outlined in section 10.00 of these rules is inclusive and transparent.10.06 After reviewing all submissions, the department will notify publishers of recommended lists of instructional programming and supporting technologies and rigorous professional development programs. 11.00 Appeals Process for LEPs and Publishers of Assessments, Instructional Programs and Supporting Technologies, or Rigorous Professional Development Programs. 11.01 If an LEP or publisher submitted an assessment, instructional programming and supporting technologies, or rigorous professional development program that is not included on the approved list, the publisher or LEP may submit a written appeal to the department no later than 14 days after receiving notification. As part of the appeal, the department and the state board will consider findings that the appellant may submit from a nationally recognized, evidence-based information clearinghouse that demonstrate that a program has achieved positive results for a substantially similar population of students who are identified as having significant reading deficiencies. 11.02 Within 30 days of receiving the written appeal, the department shall either recommend that the state board add the assessment, instructional programming and supporting technologies, and/or rigorous professional development program to the approved lists or provide the publisher or the LEP a written explanation of why it will not recommend that the assessment, instructional programming, or professional development program be added to the approved list. 12.00 Third-Party Evaluators to Review Reading Assessments 12.01 Instructional Programming, and Professional Development Programs. Third-party evaluators may be used to review and recommend reading assessments, instructional programming, and professional development programs. In selecting third-party evaluators, the department will consider: 12.01(A) Potential evaluator’s qualifications, specialized skills and areas of expertise, as they pertain to literacy instruction with special attention given to expertise in phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension and professional development and assessment in these 5 components of reading; and 12.01(B) Availability and flexibility of evaluator; and 12.01(C) Costs of acquiring evaluator’s services; and 12.01(D) Any ethical issues, including any conflicts of interest or issues that would prevent an evaluator’s ability to provide fair and objective evaluation. 13.0 District Reporting Requirements. 13.1 Annually, by June 30, in order to receive a distribution of per-pupil intervention money, each LEP must submit to the department: 13.01(A) The number of students enrolled in kindergarten and first, second, and third grades in public schools operated by the LEP who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed; 13.01(B) A budget, including a narrative explanation, for the use of the per-pupil intervention money in accordance with the uses described in section 22-7-1210.5(4).

Each LEP may only carry over 15 percent of funds from the previous budget year. In the event an LEP retains funds in excess of the 15 percent cap, the Department must reduce that LEP’s distribution of per-pupil intervention funds by that excess amount; and 13.01(C) Evidence that each Teacher (including each Reading Interventionist) employed to teach kindergarten or any of grades one through three and, beginning in 2024-25, each Reading Interventionist employed to teach students in any of grades four through twelve has successfully completed evidence-based training in teaching reading that was either: included as a course in an approved program of preparation or an alternative teacher program; included as a course in a post-graduate degree program in teaching reading or literacy; provided by CDE or included on the CDE advisory list of professional development programs; or provided by an LEP or deemed appropriate for license renewal pursuant to section 22-60.5-110(3), C.R.S. 13.01(C)(1) The evidence-based training in teaching reading must have included a minimum of 45 hours and must have addressed the content of the educator preparation literacy standards referenced in the state board’s Rules for the Administration of Educator License Endorsements, 1 CCR 301-101, section 4.02(5) through 4.02(12) (effective January 15, 2020). 13.01(C)(2) A Teacher in K-3 grades or Reading Interventionist in grades 4-12 is deemed to have successfully completed evidenced-based training in teaching reading if the LEP submits evidence that the Teacher in K-3 grades or the Reading Interventionist in grades 4-12: 13.01(C)(2)(a) successfully completed a CDE-provided reading training designed to meet this training requirement and passed the end of course assessment of learning; or 13.01(C)(2)(b) passed a CDE-approved undergraduate or graduate reading course and passed the end of course assessment of learning; or 13.01(C)(2)(c) passed a CDE-approved district or BOCES reading course or a course appropriate for license renewal and passed the end of course assessment of learning; or 13.01(C)(2)(d) holds a state of Colorado endorsement as a Reading Teacher or Reading Specialist; or 13.01(C)(2)(e) successfully completed a training program included on the department’s advisory list of professional development programs created pursuant to C.R.S. § 22-7-1209(2)(c) and passed the end of course assessment of learning. 13.01(C)(3) In the event that a Teacher in K-3 grades or a Reading Interventionist in grades 4-12 completes one of the evidence-based training options listed in 13.01(C)(2) but lacks proof of passing an end of course assessment, the Teacher or Reading Interventionist may take and pass an alternate assessment authorized by the State Board aligned to the expectations of this section. 13.01(C)(4) An LEP that is not in compliance with this subsection 13.01(C) for Reading Interventionists employed to teach students in any of grades four through twelve as of the beginning of the 2024-25 school year or for a subsequent school year may request a one-year extension from the state board based on demonstration of good cause for inability to comply. The request, including an explanation of the good cause for inability to comply, must be submitted in writing to the state board at state.board@cde.state.co.us. 13.01(D) For the 2024-25 budget year and budget years thereafter, evidence that each principal as defined in section 2.27 and each administrator as defined in section 2.01 has successfully completed evidence-based training designed for school administrators in the science of reading and was either: included as a CDE- approved course in an approved program of preparation, as defined in section 22-60.5-102(8), C.R.S., for principals or administrators or an individualized alternative principal program or other alternative principal program approved pursuant to section 22-60.5-305.5, C.R.S.; included as a course in a CDE-approved post-graduate degree program in teaching reading or literacy; provided by CDE or included on the CDE advisory list of professional development programs provided by the department pursuant to section 22-7-1209(2)(c), C.R.S.; or included in a CDE-approved training provided by an LEP or deemed appropriate for license renewal pursuant to section 22-60.5-110(3), C.R.S. 13.01(D)(1) The evidence-based training designed for school administrators in the science of reading must include a minimum of 20 hours. However, for a principal or administrator who has previously completed the CDE-approved evidencebased training in teaching reading for teachers, as described in section 13.01(C), the evidence-based training designed for school administrators in the science of reading may be abbreviated and must include a minimum of 5 hours. Any evidence-based training designed for school administrators in the science of reading must address the following standards: 13.01(D)(1)(a) Principal Literacy Standard I: Foundational Knowledge of the Science of Reading: Principals demonstrate knowledge of the evidence- based foundations of language and literacy (reading, writing, speaking, and listening), instructional practice, and the major theoretical, conceptual, and evidence-based foundations of the science of reading to implement schoolwide scientifically and evidence-based reading instructional programming to improve literacy achievement for all students. 13.01(D)(1)(a)(i) Element A: Principals demonstrate knowledge of the foundational reading skills in the science of reading, including phonological and phonemic awareness, phonics, vocabulary development, reading fluency, and reading comprehension. 13.01(D)(1)(a)(ii) Element B: Principals demonstrate knowledge of the instructional practice of explicit, systematic, and evidencebased learning and instruction addressing oral language development and writing. 13.01(D)(1)(a)(iii) Element C: Principals demonstrate knowledge of the major theoretical instructional models such as The Simple View of Reading and Scarborough’s Reading Rope. 13.01(D)(1)(b) Principal Literacy Standard II: Curriculum, Instruction, Assessment, and Evaluation: Principals ensure the implementation of curriculum and instructional programming aligned to the science of reading, understand that reading difficulty exists along a continuum of severity, understand how curriculum impacts learning, and coach and evaluate to increase the quality of instruction for all students. 13.01(D)(1)(b)(i) Element A: Principals understand the components of the science of reading and use that knowledge to ensure schoolwide adoption and implementation of standardsaligned, scientifically and evidence-based core, supplemental, and intervention curricular resources. 13.01(D)(1)(b)(ii) Element B: Principals understand that reading difficulty exists along a continuum of severity, understand the distinguishing characteristics of reading difficulties, and understand how this affects curricular and instructional programming decisions to support learners on this continuum. 13.01(D)(1)(b)(iii) Element C: Principals coach and evaluate educators in their use of evidence-based literacy instruction to ensure that the school meets the literacy needs of all students. 13.01(D)(1)(b)(iv) Element D: Principals ensure that literacy assessments and evaluations are scientifically and evidencebased. 13.01(D)(1)(b)(v) Element E: Principals lead, monitor, and evaluate the school's comprehensive scientifically and evidencebased language and literacy assessment systems, monitor gaps or redundancy across assessments, and adjust the assessment system accordingly to foster school literacy improvement for all students. 13.01(D)(1)(c) Principal Literacy Standard III: Literacy Leadership and Professional Learning: Principals demonstrate leadership by aligning literacy instructional programming to the science of reading and supporting evidence-based professional learning, 13.01(D)(1)(c)(i) Element A: Principals establish, align, and ensure the implementation of the science of reading through jobembedded professional learning based on school-wide assessment data. 13.01(D)(1)(c)(ii) Element B: Principals analyze and guide literacy instruction through data analysis, observation, and coaching conversations. 13.01(D)(1)(d) Principal Literacy Standard lV: Diversity, Equity, and Inclusion: Principals lead and guide school efforts to advance diversity, equity, and inclusion. 13.01(D)(1)(d)(i) Element A: Principals promote self-reflection by school personnel about the effect of culture, beliefs, and potential biases on literacy instruction; and lead change in educational practices and institutional structures to promote equitable literacy instruction for all students. 13.01(D)(1)(d)(ii) Element B: Principals apply foundational knowledge of scientifically and evidence-based practices and promote equitable literacy instruction to meet the diverse and inclusive needs of all learners. 13.01(D)(1)(d)(iii) Element C: Principals create an environment that prioritizes transforming and creating scientifically and evidence-based learning experiences for students that reflect their language and culture and create a link between the school and family literacy practices. 13.01(D)(2) A principal or administrator is deemed to have successfully completed the evidenced-based training if the LEP submits evidence that the principal or administrator: 13.01(D)(2)(a) Successfully passed a CDE-approved course in an approved program of preparation, as defined in section 22-60.5-102(8), C.R.S., for principals or administrators, or an individualized alternative principal program, or other alternative principal program, approved pursuant to

section 22-60.5-305.5, C.R.S. and passed the end of course assessment of learning; 13.01(D)(2)(b) Successfully passed a CDE-approved course in a post- graduate degree program in teaching reading or literacy and passed the end of course assessment of learning; 13.01(D)(2)(c) Successfully completed a training provided by CDE or included on the advisory list of rigorous professional development programs provided by CDE pursuant to section 22-7-1209(2)(c) and passed the end of course assessment of learning; or 13.01(D)(2)(d) Successfully completed a CDE-approved training that was provided by an LEP or that is appropriate for license renewal pursuant to

section 22-60.5-110(3) and passed the end of course assessment of learning. 13.01(D)(3) In the event that a principal or administrator completes one of the evidence-based training options listed in 13.01(D)(2) but lacks proof of passing an end of course assessment, the principal or administrator may take and pass an alternate assessment authorized by the State Board aligned to the expectations of this section. 13.01(D)(4) An LEP that is not in compliance with this subsection 13.01(D) as of the beginning of the 2024-25 school year or for a subsequent school year may request a one-year extension from the state board based on demonstration of good cause for inability to comply. The request, including an explanation of the good cause for inability to comply, must be submitted in writing to the state board at state.board@cde.state.co.us. 13.2 In order for the department to comply with the reporting requirements found in section 22-7-1213, C.R.S., on an annual basis, LEPs must submit the following information to the department. The state board will review the data annually to determine if district reporting requirements are consistent with section 22-7-1213, C.R.S. 13.02(A) Student background information (SASID, name, gender, date of birth and grade level); 13.02(B) Indication of whether the student has been identified as having a significant reading deficiency; 13.02(C) Interim assessment selected by the district (from list of approved assessments); 13.02(D) Interim assessment score (If the LEP is required to administer to a student at least one assessment in English, either because the student has demonstrated at least partial proficiency in English or because the student’s parent has requested the student to be assessed in English, the LEP must submit the student’s score on that English assessment.); 13.02(E) Indication of whether testing accommodations were provided; 13.02(F) Testing date; 13.02(G) Indication of whether retention was recommended; 13.02(H) Indication of whether student was retained; 13.02(I) The specific, allowable expenditures for which the LEP used per-pupil intervention funding, including the number and grade levels of students who participated in each of the types of programs or services provided; 13.02(J) If the LEP purchased instructional programming in reading using per-pupil intervention funding, the scores attained by students enrolled in kindergarten through third grade on an approved interim reading assessment; and 13.02(K) Any other information required by the department or the independent evaluator contracted by the department to complete the evaluation described in section 22-7- 1209(8), C.R.S., including information necessary for the evaluator to determine a baseline indication of the level and quality of pre-service and in-service training in teaching reading that is received by each educator who is employed to teach kindergarten or one of grades one through three. The LEP, in providing the information, and the department and independent evaluator in receiving and using the information, shall comply with state and federal laws to protect the privacy of student information. The LEP, the department and the independent evaluator shall collaborate to minimize the impact on instructional time that may result from collecting and providing the information. 14.00 Incorporation by Reference.

The 2020 Colorado Academic Standards for Reading, Writing, and Communicating (adopted June 13, 2018), and the state board’s Rules for the Administration of Educator License Endorsements, 1 CCR 301- 101 (effective January 15, 2020), are incorporated by reference as noted above. Both are available for public inspection at the Colorado Department of Education, 201 East Colfax Avenue, Denver, Colorado, during regular business hours, as well as at www.cde.state.co.us. This Rule does not incorporate by reference any later amendment or editions to the Colorado Academic Standards and the state board’s Rules for the Administration of Educator License Endorsements, after the effective dates noted herein. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/30/2013.

Entire rule eff. 06/30/2015.

Rules 2.34, 3.00-5.00, 5.04(B)(3), 6.01(B), 8.01(C)-(E), 13.01(I) eff. 04/30/2016.

Rules 1.0, 3.04, 3.05(A)-(B), 13.00 eff. 11/30/2017.

Entire rule eff. 04/30/2020.

Rules 1.0, 2.0, 9.0, 13.01(C)-13.01(D), 14.00 eff. 12/30/2022.

1 CCR 301-95 Rules for the Administration of the School Transformation Grant Program {#sec-1-ccr-301-95 omnilex-key=us-co-regs-official--department-4--1 CCR 301-95}

Department of Education RULES FOR THE ADMINISTRATION OF THE SCHOOL TRANSFORMATION GRANT PROGRAM 1 CCR 301-95 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Authority: Article IX, Section 1, Colorado Constitution. Sections 22-2-107(1)(c) and 22- 13-103(2) of the Colorado Revised Statutes (C.R.S.). 1.00 Statement of Basis and Purpose.

The statutory basis for these rules is Sec 22-13-103, C.R.S., which requires the State Board of Education to promulgate rules to implement and administer the School Transformation Grant Program. 2.00 Definitions. 2.00(1) Charter School: A charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22 or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22 of the Colorado Revised Statutes. 2.00(2) Department: The Department of Education created and existing pursuant to section 24-1-115, C.R.S. 2.00(3) Institute: The State Charter School Institute established in section 22-30.5- 503, C.R.S. 2.00(4) Program: The School Transformation Grant program created in section 22-13-103. 2.00(5) Provider: A public or private entity that offers a high-quality turnaround leadership development program for Colorado educators. 2.00(6) School District: A school district organized pursuant to article 30 of title 22, C.R.S. 2.00(7) School Turnaround Leader: A principal or teacher leader in a school that is required to adopt a priority improvement plan or turnaround plan pursuant to

section 22-11-210, C.R.S. or a district-level administrator or employee of the State Charter School Institute that coordinates and supports turnaround efforts in schools of the School District or Institute Charter schools that implement priority improvement plans or turnaround plans. 2.00(8) State Board: The State Board of Education created pursuant to Section 1 of Article IX of the Colorado Constitution. 2.01 Turnaround Leadership Development Providers Request for Proposals The Department must issue a request for proposals (RFP) from providers who seek to participate in the program. Based on the criteria outlined below, the Department will identify one or more providers to provide turnaround leadership development programs for school districts, the Institute, and charter schools that receive grants. 2.01(1) Criteria for identifying approved Turnaround Leadership Development Providers. The Department must develop an RFP, which consists of an application and scoring rubric template. Thereafter, the Department must undertake a fair and equitable application review. In such review, the Department must consider the following for identifying providers from among those that respond to the RFP: 2.01(1)(a) Each Provider's experience in developing successful, effective leadership in low-performing schools and school districts; 2.01(1)(b) The leadership qualities that each Provider's turnaround leadership development program is expected to develop; 2.01(1)(c) A Provider’s capacity to implement identified program components that make up a comprehensive leadership development experience; and 2.01(1)(d) The availability of turnaround leadership development programs for school turnaround leaders in public schools throughout the state. The grant program shall seek to ensure approved providers are available for leaders in all regions of the state. 2.01(2) Timeline for approving new Turnaround Leadership Development Providers. Applications for new providers to apply will open at the Department’s discretion and a decision notification will occur within 90 days of the closing application date. 2.01(3) Review of approved Turnaround Leadership Development Providers. The department, on a regular basis, shall review each provider's turnaround leadership development programs, including the success achieved by the persons who complete the programs, and revise the list of identified providers as appropriate to ensure that the turnaround leadership development programs that are available through the program are of the highest quality. 2.01(4) Reporting requirements for approved Turnaround Leadership Development Providers. Each approved provider shall track the effectiveness of persons who are engaged in and who complete a turnaround leadership development program and report the effectiveness to the department on or before July 1 of the year following the training. The report must use department rubrics to measure the effectiveness of persons who complete the turnaround leadership development program. Each grant recipient must report on the following: 2.01(4)(a) Number of participants in program; 2.01(4)(b) Schools served; and 2.01(4)(c) Change in principals’ or aspiring leaders’ actions/behavior (as data is available). 2.02 School Transformation Grants. 2.02(1) Use of funds for School Transformation Grants. Subject to available appropriations, the State Board shall award School Transformation Grants to one or more school districts or charter schools or the Institute to use in one or more of the following areas: 2.02(1)(a) Assist in the design of turnaround leadership development programs and to provide funding to support training and development of school turnaround leaders for the public schools in the state; 2.02(1)(b) Support school districts, the institute, and charter schools in pursuing bold solutions by providing educator professional development and transforming instruction in public schools that are required to adopt priority improvement or turnaround plans for the immediate or preceding school year, including, but not limited to, management restructuring, creating a pipeline for leadership and educator development, asset restructuring, collaborative problem-solving, designing budgetary expectations for school turnaround plans and implementing a funding sustainability plan, distributing resources to the schools most in need, and ensuring the school district plan details the allocation of resources to address school district needs; 2.02(1)(c) Assist school districts, the institute, and charter schools that are implementing priority improvement or turnaround plans in planning for and implementing one or more of the following rigorous district redesign strategies outlined in 22-11-209(2)(a):

(i) That the school district’s accreditation be removed;

(ii) That the school district be reorganized pursuant to article 30 of this title 22, which reorganization may include consolidation;

(iii) That a private or public entity, with the agreement of the school district, serve as a lead partner in the management of the school district or partially or wholly manage one or more of the district public schools. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with school districts and schools under similar circumstances;

(iv) That one or more of the district public schools be converted to a charter school;

(v) That one or more of the district public schools be granted status as an innovation school pursuant to section 22-32.5-104 or that the local school board recognize a group of district public schools as an innovation school zone pursuant to section 22-32.5-104;

(vi) That one or more of the district public schools be closed;

(vii) That one or more of the district public schools be converted to a community school, as defined in section 22-32.5-103 (1.5);

(viii) That the school district take other actions, as proposed by the school district, that are comparable to or that have a more significant effect than the actions described this section and that are aligned to the pathway plan and designed to support the implementation of the pathway plan. Actions include, but are not limited to, contracting with external partners, using contractors or resources provided by the department, engaging in cross-district progress monitoring, or comprehensive school redesign.

(ix) That the institute’s accreditation be removed;

(x) That the institute board be abolished and that the governor appoint a new institute board pursuant to section 22-30.5-505;

(xi) That a public or private entity take over management of the institute or management of one or more of the institute charter school;

(xii) That one or more of the institute charter schools be closed.

(xiii) That the institute take other actions, as proposed by the institute, that are comparable to or that have a more significant effect than the actions described this section and that are aligned to the pathway plan and designed to support the implementation of the pathway plan. Actions include, but are not limited to, contracting with external partners, using contractors or resources provided by the department, engaging in cross-district progress monitoring, or comprehensive school redesign. 2.02(1)(d) Assist school districts, the institute, and charter schools that are implementing priority improvement or turnaround plans in planning for and implementing one or more of the following rigorous school redesign strategies outlined in 22-11-210(5)(a):

(i) With regard to a district public school that is not a charter school, that the district public school should be partially or wholly managed by a private or public entity other than the school district. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with schools under similar circumstances;

(ii) With regard to a district or institute charter school, that the public or private entity operating the charter school or the governing board of the charter school should be replaced by a different public or private entity or governing board;

(iii) With regard to a district public school, that the district public school be converted to a charter school if it is not already authorized as a charter school;

(iv) With regard to a district public school, that the district public school be granted status as an innovation school pursuant to section 22- 32.5-104;

(v) That the public school be closed or, with regard to a district charter school or an institute charter school, that the public school’s charter be revoked;

(vi) With regard to a district public school, that the district public school be converted to a community school, as defined in section 22-32.5- 103 (1.5); or (vii) Other actions that are comparable to or that have a more significant effect than the actions described in this section that the public school proposes and that are aligned with the pathway plan and designed to support the implementation of the pathway plan.

Actions may include, but are not limited to, comprehensive school redesign, contracting with external partners, or using contractors or resources provided by the department. 2.02(1)(e) Support school districts, the institute, and charter schools that are implementing priority improvement or turnaround plans to use local assessment data to identify performance indicator gaps and provide supports and interventions; or 2.02(1)(f) Assist school districts, the institute, and charter schools that have been required to adopt a priority improvement or turnaround plan for one, two, or three consecutive years to engage in community-led improvement strategies. 2.02(2) Timeline for School Transformation Grants. For the 2018-19 school year and each year thereafter, subject to available appropriations, School Transformation Grant applications will be due each year no later than January 15. Application decision notification will occur directly after State Board approval, no later than by the following April meeting. 2.02(3) Application procedures for School Transformation Grants. The Department must develop a grant application and scoring rubric template.

Thereafter, the Department must undertake a fair and equitable application review. 2.02(4) Application requirements for School Transformation Grants—turnaround leadership development applicants. The following minimum requirements will be included in applications for School Transformation Grants for turnaround leadership development programs: 2.02(4)(a) The goals that the applicant expects to achieve through the grant; 2.02(4)(b) The number of individuals to participate in leadership programs, including: existing leaders, aspiring leaders, district managers or support staff; 2.02(4)(c) A clear plan for leadership development, implementation, and application of skills in the schools and district; and 2.02(4)(d) A plan to evaluate impact of program. 2.02(5) Application requirements for School Transformation Grants—all other applicants. The following minimum requirements will be included in all other applications for School Transformation Grants: 2.02(5)(a) The goals that the applicant expects to achieve through the grant; 2.02(5)(b) A clear action plan and corresponding budget for grant activities comprised of reasonable and necessary requests for funding; and 2.02(5)(c) A plan for monitoring and reporting on the effectiveness of grant funds. 2.02(6) Criteria for selecting recipients of School Transformation Grants. The following minimum criteria will be considered in selecting School Transformation Grant recipients: 2.02(6)(a) For applying school districts, the concentration of schools of the school district or, for the Institute, the concentration of Institute charter schools, that must implement priority improvement or turnaround plans.

For applying charter schools, those that are implementing priority improvement or turnaround plans will be prioritized. 2.02(6)(b) Quality of grant applications and demonstrated need, based on the applicant’s:

(i) Goals to be achieved through the grant;

(ii) Action plan and corresponding budget for grant activities comprised of reasonable and necessary requests for funding; and (iii) A plan for monitoring and reporting on the effectiveness of grant funds. 2.02(7) Duration of School Transformation Grant awards. Each grant may continue for up to three budget years. The Department shall annually review each grant recipient's use of the grant money and may rescind the grant if the Department finds that the grant recipient is not making adequate progress toward achieving the goals identified in the grant application. 2.02(8) Reporting requirements for School Transformation Grant—turnaround leadership development. Each grant recipient will annually track the effectiveness of persons who complete a turnaround leadership development program and report the effectiveness to the department on or before July 1 of the year following the training. The report must use department surveys to measure the effectiveness of persons who complete the turnaround leadership development program and include the following information, at a minimum: 2.02(8)(a) Number of people who participated and in which programs; 2.02(8)(b) Schools served; 2.02(8)(c) Impact of the grant on raising student achievement and establishing a positive school culture; and 2.02(8)(d) Change in principals’ or aspiring leaders’ actions/behavior. 2.02(9) Reporting requirements for School Transformation Grant— all other grantees. Each grant recipient will annually report the following at a minimum: 2.02(9)(a) Impact of the grant on raising student achievement and establishing a positive school culture. 2.02(10) Evaluation of School Transformation Grant Program. The Department will analyze and summarize the reports received from grant recipients and annually submit to the State Board, the Governor, and the Education Committees of the Senate and the House of Representatives, or any successor committees, a report of the effectiveness of the School Transformation Grants awarded pursuant to this section. The Department will also post the annual report on its web site.

Editor’s Notes

History New rule emer. rule eff. 09/10/2014; expired 01/08/2015.

Entire rule eff. 01/15/2015.

Entire rule eff. 01/30/2016.

Sections 2.01(2)-2.01(5) eff. 01/30/2017.

Entire rule emer. rule eff. 10/30/2018.

Entire rule eff. 12/30/2018.

Rules 2.01(4), 2.02(1) eff. 07/16/2026.

1 CCR 301-96 Rules for the Administration of the Instruction of Cardiopulmonary Resuscitation in Public Schools Grant Program {#sec-1-ccr-301-96 omnilex-key=us-co-regs-official--department-4--1 CCR 301-96}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE INSTRUCTION OF CARDIOPULMONARY RESUSCITATION IN PUBLIC SCHOOLS GRANT PROGRAM 1 CCR 301-96 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority: Article IX, Section 1, Colorado Constitution. 22-2-106(1)(a) and (c); 22-2-107(1)(c); 22-7- 409(1.5); 22-1-129 and 22-1-125.5 of the Colorado Revised Statutes (C.R.S.). 1.00 Statement of Basis and Purpose.

The statutory basis for these emergency rules adopted on August 14, 2014 is found in 22-2-106(1)(a) and (c), State Board Duties; 22-2-107(1)(c), State Board Powers; 22-1-129(3) C.R.S., Instruction in Cardiopulmonary Resuscitation and the Use of Automated External Defibrillators; and 22-1-125.5(2), C.R.S., Requirement for Certification of Public School Athletic Coaches in Cardiopulmonary Resuscitation.

The Cardiopulmonary Resuscitation in Public Schools Act requires the State Board of Education to promulgate rules for the implementation of the program, including at a minimum: The process by which a local education provider may apply for and receive grant moneys pursuant to this section, including application requirements and deadlines; the number and amount of each grant and whether grant moneys will be awarded in the order applications are received or through some other method; the process for achieving a balanced distribution of grant moneys to applicants including rural, urban, and suburban local education providers; and procedures for monitoring a local education provider's compliance with the provisions of this section and specifically that moneys awarded pursuant to this

section are used for reasonable costs associated with psychomotor-skills- based cardiopulmonary resuscitation training and training on the use of automated external defibrillators, including but not limited to training materials and the temporary employment of cardiopulmonary resuscitation instructors or other trainers.

The Requirement for Certification of Public School Athletic Coaches in Cardiopulmonary Resuscitation, 22-1-125.5(2), C.R.S., requires that the State Board shall promulgate rules concerning the coaching staff positions that are included in this requirement. 2.00 Definitions. 2.00 (1) Department: The Department of Education created and existing pursuant to section 24-1-115, C.R.S. 2.00 (2) Local Education Provider: A school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools. 2.00 (3) Psychomotor Skills Development: The use of hands-on practice that supports cognitive learning. 2.00 (4) State Board: The State Board of Education created and existing pursuant to Section 1 of Article IX of the State Constitution. 2.00 (5) Currently Certified in CPR: The person has completed training in cardiopulmonary resuscitation from a nationally recognized evidence- based certification program within the preceding two years. 2.00 (6) Coach: Head and assistant coaches of all athletic programs recognized by the Colorado High School Activities Association (CHSAA). 2.00 (7) Qualified Cardiopulmonary Instructors: Instructors that have successfully completed a nationally recognized instruction and have maintained current certification to teach cardiopulmonary resuscitation. 2.01 Grant awards for the Instruction of Cardiopulmonary Resuscitation to Students and Coaches.

Local education providers may apply for a grant or grants to provide instruction to students in any of grades nine through twelve and school staff in any of grades nine through twelve in cardiopulmonary resuscitation and the use of an automated external defibrillator. The instruction funded pursuant to

section 22-1-129, C.R.S., must include a nationally recognized, psychomotor-skills-based instructional program that reflects current, national, evidence-based, emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator. 2.01 (1) Application Timeline. Subject to available appropriations, applications will be due to the Department on or after September 1 in each year that funding is available. 2.01 (2) Application Procedures. The Department will be the responsible agency for implementing the Instruction of Cardiopulmonary Resuscitation to Students and Coaches Grant Program. The Department will develop a Request for Proposal (RFP), pursuant to the Department’s RFP process and pursuant to the requirements and timelines found in 22-1-129, C.R.S. 2.01 (3) Number and Amount of Grants. No more than 200 grants will be awarded and distribution of funds will be subject to available appropriations. 2.01 (4) Geographic Distribution. The Department will award grants through a balanced distribution of grant moneys to applicants including rural, urban and suburban local education providers. 2.01 (5) Reporting. In any fiscal year in which the general assembly makes an appropriation to the department for the purposes of the program, each education provider that receives a grant through the program will report to the Department of Education at the end of the school year. This report will include: 2.01 (5) (a) The program used for instruction; 2.01 (5) (b) The number of classes taught; 2.01 (5) (c) The number of students completing the instruction; 2.01 (5) (d) The number of coaches certified in CPR; and 2.01 (5) (e) An accounting of the funds used to provide these trainings. 2.02 Requirement for certification of public school athletic coaches in cardiopulmonary resuscitation and use of automated external defibrillators.

By January 1, 2015, all coaches currently employed by local education providers must have current certification in CPR. The program must also include training regarding the use of automated external defibrillators. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 08/13/2014.

Entire rule eff. 11/30/2014.

1 CCR 301-97 Rules for the Administration of the School Health Professional Grant Program {#sec-1-ccr-301-97 omnilex-key=us-co-regs-official--department-4--1 CCR 301-97}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE SCHOOL HEALTH PROFESSIONAL GRANT

PROGRAM

1 CCR 301-97 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 Statement of Basis and Purpose.

The School Health Professional Grant Program, sections 22-96-101 through 22-96-105, C.R.S., requires the State Board of Education to promulgate rules for the implementation of the program, including but not limited to: the timeline for submitting applications to the Department; the form of the grant application and any information in addition to that specified in section 22-96-104 (2), C.R.S. to be included in the application; any criteria for awarding grants in addition to those specified in section 22-96-104 (3), C.R.S.; and any information to be included in the Department’s program report in addition to that required in

section 22-96-105, C.R.S. 2.00 Definitions. 2.00(1) Behavioral health care: Services to prevent, identify, and treat substance use disorders, substance misuse, and mental health disorders, including services to support social- emotional health. 2.00 (2) Department: The Department of Education created and existing pursuant to section 24-1-115, C.R.S. 2.00 (3) Education provider: A school district, a board of cooperative services, a charter school authorized by a school district pursuant to Part 1 of Article 30.5 of Title 22 C.R.S., or a charter school authorized by the State Charter School Institute pursuant to Part 5 of Article 30.5 of Title 22 C.R.S. 2.00 (4) School health professional: A state-licensed or state-certified school nurse, school psychologist, school social worker, school counselor, or other state-licensed or state-certified professional qualified under state law to provide support services to children and adolescents, including mental health professionals licensed pursuant to article 245 of title 12, C.R.S. 2.00 (5) School: A public elementary, middle, junior high, or high school. 2.00 (6) State Board: The State Board of Education created pursuant to Section 1 of Article IX of the State Constitution. 2.01 Implementation Procedures. 2.01 (1) Application Timeline. Grants will be awarded for an initial term of one year. Grantees may receive funds for up to two additional years, based on annual approval by the Department and available appropriations. Applications will be due to the Department on or before May 1 of each funding cycle, subject to available appropriations. The Department will make funding available to grantees on or before June 30 of the same fiscal year. 2.01 (2) Application Procedures. The Department will be the responsible agency for implementing the School Health Professional Grant Program. The Department will develop a Request for Proposal (RFP), pursuant to the Department’s RFP process and pursuant to the requirements and timelines found in 22-96-104, C.R.S. If the Department determines an application is missing any information required by rule to be included with the application, the Department may contact the education provider to obtain the missing information. As applicable, each grant application, at a minimum, shall specify: 2.01 (2) (a) The intended recipient schools, the number of health professionals employed by the education provider in schools prior to receipt of a grant, and the ratio of students to school health providers in the schools operated by or receiving services from the education provider; 2.01 (2) (b) The education provider's plan for use of the grant moneys, including the extent to which the grant moneys will be used to increase the number of school health professionals at recipient schools and to provide behavioral health care services at recipient schools, including but not limited to screenings, counseling, therapy, referrals to community organizations, and training for students and staff on behavioral health issues; 2.01 (2) (c) The education provider's plan for involving leaders at the recipient schools and in the surrounding community and the faculty at recipient schools in increasing the capacity and effectiveness of the behavioral health care services provided to school students enrolled in or receiving educational services from the education provider; 2.01 (2) (d) The extent to which the education provider has developed or plans to develop community partnerships to serve the behavioral health care needs of all of the students enrolled in or receiving educational services from the education provider; 2.01 (2) (e) The extent to which the education provider has seen increased incidence of disciplinary actions for drug use or selling drugs, suicide attempts, deaths by suicide, bullying, adverse childhood experiences, or other factors that affect students’ mental wellbeing; 2.01 (2) (f) The extent to which the education provider has an existing program that can be expanded to increase the availability of school health professionals; 2.01 (2) (g) The amount of matching funds that the education provider intends to provide to augment any grant moneys received from the program and the anticipated amount and source of any matching funds; and 2.01 (2) (h) The education provider's plan for continuing to fund the increase in school health professional services following expiration of the grant. 2.01 (3) Application Priority Criteria. In reviewing applications and making recommendations to the State Board, the Department shall prioritize applications based on the following criteria: 2.01 (3) (a) The education provider's need for additional school health professionals in schools, demonstrated by the local school and community data regarding student alcohol or drug use, access to behavioral health care provider, or other data showing the need for a school health professional; 2.01 (3) (b) The existence of a successful school health team in the education provider's school or schools; 2.01 (3) (c) The amount of the matching money that the education provider or a community partner is able to commit; 2.01 (3) (d) The education provider's emphasis and commitment to implement evidencebased and research-based programs and strategies; and 2.01 (3) (e) The likelihood that the education provider or community partner will continue to fund the increases in the level of school health professional services following expiration of the grant; 2.01 (3) (f) The extent to which the education provider prioritizes use of grant money for staff training related to behavioral health supports; and 2.01 (3) (g) Whether the education provider has an established process for a parent or legal guardian to opt their child out of a health course, part of the health curriculum, or behavioral health services. 2.01 (4) Additional Review Criteria. The Department and the State Board shall consult with experts in the area of school health professional services when establishing any additional criteria for awarding grants and in reviewing applications and selecting grant recipients. 2.01 (5) Duration, Amount, and Use of of Grant Funding. Subject to available appropriations, the State Board shall award grants to applying education providers pursuant to 22-96-104, C.R.S. The State Board shall base the grant awards on the Department’s recommendations. Each grant shall have an initial term of one year and may be renewed for two subsequent years based on annual approval by the Department and available appropriation. In making the award, the State Board shall specify the amount of each grant. 2.01 (5) (a) An education provider that receives a grant under the program shall use the money to increase the level of funding the education provider allocates to school health professionals to provide behavioral health care to students prior to receiving the grant and not to replace other funding sources allocated to provide school health professionals for students in schools. 2.01 (5) (b) An education provider may use the money to contract with a community partner for behavioral healthcare services, including hiring private health care professionals, training, screening, and preventive supports. Additionally, the education provider may use the money to provide direct services or consultation by a school health professional through telehealth technology. 2.01 (6) Reporting. In any fiscal year in which the general assembly makes an appropriation to the department for the purposes of the program, each education provider that receives a grant through the program shall report the following Information to the department each year during the term of the grant: 2.01 (6) (a) The number of school health professionals hired using grant moneys; and 2.01 (6) (b) A list and explanation of the services provided using grant moneys. 2.01 (7) Evaluation of Program. On or before May 1, 2015, and on or before May 1 in each fiscal year thereafter in which the general assembly makes an appropriation to the Department for the purposes of the program, the Department shall submit to the Education Committees of the Senate and the House of Representatives, or any successor Committees, a report that, at a minimum, summarizes the Information received by the department pursuant to subsection (1) of this 22-96-105, C.R.S. The Department shall also post the report to its web site. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 08/13/2014.

Entire rule eff. 11/30/2014.

Rules 2.00 (4), 2.01 (1) - 2.01 (2) (d), 2.01 (3) (a), 2.01 (5) emer. rules eff. 08/17/2017; expired 12/15/2017.

Rules 2.00 (4), 2.01 (1), 2.01 (2), 2.01 (3) (a), 2.01 (5) eff. 12/30/2017.

Rules 1.00, 2.00 (3), 2.01 (1), 2.01 (5) eff. 03/02/2019.

Rules 1.00, 2.00, 2.01 (2)-2.01 (4) eff. 03/01/2020.

1 CCR 301-98 Rules for the Administration of the Adult Education and Literacy Grant Program {#sec-1-ccr-301-98 omnilex-key=us-co-regs-official--department-4--1 CCR 301-98}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE ADULT EDUCATION AND LITERACY GRANT

PROGRAM

1 CCR 301-98 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 0.0 Statement of Basis and Purpose The statutory authority for these rules is found in sections 22-10-104 and 22-10-105, C.R.S. The Adult Education and Literacy Act authorizes the Colorado Department of Education to provide state funding for workforce development partnerships through which eligible adults receive basic education in literacy, digital literacy, and numeracy that leads to additional skills acquisition, a high school diploma or an equivalency certificate, postsecondary credential attainment, and employment, or education attainment partnerships that assist adults in attaining basic literacy, digital literacy, and numeracy skills that lead to additional skill acquisition, and may lead to a high school diploma or an equivalency certificate, postsecondary credentials and employment, for the participating adults and their children or the children for whom they provide care. 1.0 Definitions 1.1 “Adult education and literacy programs” mean programs that provide adult basic education, adult education leading to a high school diploma or an equivalency credential, English as a second language instruction, or integrated basic education, digital literacy, and skills training. 1.2 “Adult education provider” means one of the following entities that the Department recognizes as providing appropriate and effective adult education and literacy programs:

(a) a secondary or postsecondary, public or private, nonprofit educational entity, including but not limited to a school district, charter school, board of cooperative services, state institution of higher education, local district college, and area technical college;

(b) a community-based nonprofit agency or organization;

(c) an Indian tribe or nation;

(d) a library;

(e) a literacy council or other literacy institute;

(f) a business or business association that provides adult education and literacy programs either on site or off site;

(g) a volunteer literacy organization;

(h) a local work force board, as defined in section 8-83-203, C.R.S., that oversees a work force development program described in the “Colorado Career Advancement Act”;

(i) a one-stop partner, as described in section 8-83-216, C.R.S., under the “Colorado Career Advancement Act”; or (j) a consortia of entities described in this rule 1.02. 1.3 “Department” means the Department of Education created and existing pursuant to section 24-1- 115, C.R.S. 1.4 “Digital literacy” means the skills associated with using technology that enables users to find, evaluate, organize, create, disseminate, and communicate information online. 1.5 “Education attainment partnership” means a collaboration that assists adults in attaining basic literacy, digital literacy, and numeracy skills that lead to additional skill acquisition and may lead to postsecondary credentials and employment. At a minimum, an education attainment partnership must consist of at least one adult education provider that is not listed in rule 1.02(a) that partners with at least one elementary or secondary school or school district, a public or private institution of higher education, a local district college, or an area technical college. 1.6 “Eligible adult” means a person who: 1.6.1 Is at least 17 years of age 1.6.2 Is not enrolled in a public or private secondary school; and 1.06.3 (I) Lacks a high school diploma or its equivalency; or (ll) Is in need of English language instruction; or (III) Lacks sufficient mastery of the basic literacy, digital literacy, and numeracy skills necessary to enable the person to function effectively in the workplace. 1.7 “English language instruction” means instruction that is designed to assist a person with limited English proficiency to achieve competence in the English language, thus allowing the person to understand and navigate governmental, educational, and workplace systems. 1.8 “Literacy” means a person’s ability to read, write, and speak English at levels of proficiency that are necessary to function on the job and in society, achieve the person’s goals, and develop the person’s knowledge and potential. 1.9 “Numeracy” means a person’s ability to compute and solve mathematical problems at levels of proficiency that are necessary to function on the job and in society, achieve the person’s goals, and develop the person’s knowledge and potential. 1.10 “State board” means the State Board of Education created in Section 1 of Article IX of the State Constitution. 1.11 “Workforce development partnership” means a collaboration that assists adults in attaining basic literacy, digital literacy, and numeracy skills leading to additional skill acquisition, postsecondary credentials, and employment. At a minimum, a workforce development partnership must include at least one adult education provider and at least one workforce development provider. 1.11.1 For purposes of this rule 1.11.1, a workforce development provider includes, but need not be limited to: 1.11.1.1 A work force development program described in the “Colorado Career Advancement Act,” Part 2 of Article 83 of Title 8, C.R.S.; and 1.11.1.2 A program that is supported by the state workforce development council created in Article 46.3 of Title 24, C.R.S. 2.0 Application Requirements and Timeline 2.1 Grants will be awarded through a competitive application process. Funding will be subject to funding appropriations and grant recipients’ annual demonstration of adequate progress toward achieving the goals of the adult education and literacy program that were specified in the grant application. 2.2 Any adult education provider interested in obtaining grant funding must submit an Adult Education and Literacy Grant application to the Department, using the application form provided by the Department. Any applicant that has not received funding in the year prior must submit an application to the Department within 60 days of the date that the Department posts a request for applications. Any applicant that has received funding in the year prior must submit an application to the Department within 45 days of the date that the Department posts a request for continuation applications. Each applicant must be a member of a workforce development partnership or education attainment partnership. 2.3 Each application submitted must include, but need not be limited to, the following: 2.3.1 Information concerning: 2.3.1.1 The percentage of eligible adults expected to be enrolled in the adult education and literacy programs funded by the grant who are members of minority groups; 2.3.1.2 The percentage of adults in the area to be served using grant money who have not completed ninth grade and are not enrolled in or have not completed adult education and literacy programs; 2.3.1.3 The percentage of eligible adults in the area to be served using grant money who do not have a high school diploma or equivalency and who are not currently enrolled in adult education and literacy programs. 2.3.1.4 The percentage of eligible adults expected to be enrolled in the adult education and literacy programs funded by the grant who are receiving either state or federal public assistance or the percentage of eligible adults in the area to be served who are unemployed workers; and 2.3.2 Information concerning whether the program provided by the applicant would serve populations that are underserved by federal funding; 2.3.3 Whether the adult education provider serves eligible adults who have not completed ninth grade or may otherwise be identified as lowest-level learners; 2.3.4 Information demonstrating that the applicant is an experienced adult education provider with a strong record of providing education, career, and supportive service navigation to assist adult learners in attaining employment, enrolling in postsecondary education, engaging in civic activities, or supporting their own children or children for whom they provide care in achieving academic success and, specifically, success with learners who have not completed ninth grade or may otherwise be identified as lowest-level learners; 2.3.5 A description of the instructional program that the applicant plans to implement using the grant money; 2.3.6 A description of the professional development program that the applicant plans to implement for educators to assist adult students achieve their educational and career goals; 2.3.7 Information demonstrating that the applicant is an active member of a workforce development partnership or an education attainment partnership and a description of services and responsibilities of each of the partnership members; 2.3.8 An explanation of the cost of the instructional and student support program that the applicant plans to implement using the grant money and an explanation of how grant funding will be used to supplement and not supplant any funding currently being used on workforce preparation activities; 2.3.9 The measurable goals of the adult education and literacy program that the applicant expects to achieve using the grant money, including student outcomes identified by the Department such as employment and entrance into postsecondary education or training, and a description of the method that will be used to monitor and evaluate outcomes; and 2.3.10 Any other necessary information, as identified by the Department. 2.4 For initial applications, within 60 days of the date that initial applications for grant funding are due to the Department, the Department will review the applications and develop recommendations for grant funding. Within 45 days of the date that the Department finalizes its recommendations, based on these recommendations and available funding, the State Board must award grants to adult education providers. 2.5 For continuation applications, within 80 days of the date that continuation applications for grant funding are due to the Department, the Department will review the applications. If the Department finds that a grant recipient is not making sufficient progress towards achieving the goals outlined in the provider’s initial application, the Department will not continue funding for the grantee. 3.0 Application Evaluation Criteria 3.1 In reviewing grant applications to recommend which applicants should receive grant funding and the amount and duration of each grant, the Department will consider but not be limited to the following criteria: 3.1.1 The quality of the instructional program that the applicant plans to implement using the grant money; 3.1.2 The effectiveness and completeness of the planned partnership; 3.1.3 The cost of the instructional and student support program that the applicant plans to implement using the grant money, including the average cost per eligible adult served by the adult education provider in assisting the eligible adult in attaining additional skills, a high school diploma or an equivalency certificate, postsecondary credentials, employment, or increased capacity to support the academic achievement of the eligible adult’s own children or children for whom the eligible adult provides care; 3.1.4 The rigor with which the applicant intends to monitor and evaluate the implementation of the proposed program; 3.1.5 Information concerning: 3.1.5.1 The percentage of eligible adults expected to be enrolled in the adult education and literacy programs funded by the grant who are members of minority groups; 3.1.5.2 The percentage of eligible adults in the area to be served using grant money who have not completed ninth grade and are not enrolled in or have not completed adult education and literacy programs; 3.1.5.3 The percentage of eligible adults in the area to be served using grant money who do not have a high school diploma or equivalency and who are not currently enrolled in adult education and literacy programs; 3.1.5.4 The percentage of eligible adults expected to be enrolled in the adult education and literacy programs funded by the grant who are receiving either state or federal public assistance or the percentage of eligible adults in the area to be served who are unemployed workers; 3.1.6 Whether the program provided by the applicant would serve populations that are underserved by federal funding; 3.1.7 Whether the adult education provider serves eligible adults who have not completed ninth grade or may otherwise be identified as lowest-level learner; and 3.1.8 The demonstrated success of the applicant in enabling adults to attain basic literacy, digital literacy, and numeracy skills and in assisting them to attain additional skills, a high school diploma or an equivalency certificate, postsecondary credentials, employment, and increased capacity to support the academic achievement of their own children or children for whom they provide care and, specifically, success with learners who have not completed ninth grade or may otherwise be identified as lowest-level learners. 4.0 Data Collection and Reporting 4.1 Each adult education provider that receives an Adult Education and Literacy Grant shall submit information to the Department. The Department will establish reasonable reporting and documentation requirements for providers. In collecting and reporting this information, the Department must ensure that it adheres to federal and state data privacy laws. In addition to any reporting and documentation requirements established by the Department, grantees also must submit information to the Department describing the following: 4.1.1 The instructional programs and services for which the adult education provider used the grant; 4.1.2 The number of and demographic information, including age, gender, race, ethnicity, native language, zip code, and income, for adult students who enrolled in each of the types of programs and services provided; 4.1.3 The educational progress made by participating students as measured by standardized tests, training completion, and/or credential of value. This includes literacy skills gained by an eligible adult enrolled in an adult education and literacy program; 4.1.4 The nature of the education attainment partnership or workforce development partnership and a description of how this partnership contributed to the success of the program; and 4.1.5 The number of students who are making progress toward the goals of the adult education and literacy program that were specified in the grant application. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 09/10/2014; expired 01/08/2015.

Entire rule eff. 01/30/2015.

Entire rule eff. 03/31/2021.

Entire rule eff. 12/30/2023.

1 CCR 301-99 Rules for the Administration of the School Bullying Prevention and Education Grant Program {#sec-1-ccr-301-99 omnilex-key=us-co-regs-official--department-4--1 CCR 301-99}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE SCHOOL BULLYING PREVENTION AND EDUCATION

GRANT PROGRAM

1 CCR 301-99 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY: ARTICLE XCII, SECTION 1, COLORADO CONSTITUTION. 22-93-101 ET SEQ.; 22-2-

107(1)(C) OF THE COLORADO REVISED STATUTES (C.R.S.).

0.0 STATEMENT OF BASIS AND PURPOSE

The Bullying Prevention and Education Program, 22-93-101 et. seq., C.R.S., requires the State Board of Education to promulgate rules to implement and administer the program. At a minimum, the rules must include: Application procedures by which public schools, facility schools, and collaborative groups of public schools and facility schools may apply for grants; criteria for the department to apply in selecting the public schools, facility schools, and collaborative groups of public schools and facility schools that shall receive grants and determining the amount of grant moneys to be awarded to each grant recipient.

1.0 DEFINITIONS 1.01 For purposes of the bullying prevention and education grant program, “bullying” means any written or verbal expression, or physical or electronic act or gesture, or a pattern thereof, that a reasonable person would believe is intended to coerce, intimidate, or cause any physical, mental, or emotional harm to any student. Bullying is prohibited against any student for any reason, including but not limited to any such behavior that is directed toward a student on the basis of his or her academic performance; or against whom federal and state laws prohibit discrimination upon any of the bases described in section 22-32-109(1)(ll)(I). This definition is not intended to infringe upon any right guaranteed to any person by the First Amendment to the United States Constitution and shall not be used to prevent the expression of any religious, political, or philosophical views. 1.02 “Cash Fund” means the school bullying prevention and education cash fund created in section 22- 93-105, C.R.S. 1.03 “Department” means the department of education created and existing pursuant to section 24-1- 115, C.R.S. 1.04 “Evidence-based best practices” means that the bullying prevention practice is based on research that applies rigorous, systematic, and objective procedures to obtain valid knowledge that is relevant to bullying and bullying prevention. 1.05 “Facility Schools” means an approved facility school, as defined in section 22-2-402 (1), C.R.S. 1.06 “Program” means the school bullying prevention and education grant program created in section 22- 93-102, C.R.S. 1.07 “Public School” means a school of a school district, a district charter school, an institute charter school, or a board of cooperative services, as defined in section 22-5-103, C.R.S. 1.08 “State Board” means the state board of education created pursuant to section 1 of article IX of the state constitution. 1.09 “Website” means the Department of Education’s Bullying Prevention Website as outlined in

section 2.0., created pursuant to 22-93-106, C.R.S.

2.0 BULLYING PREVENTION WEBSITE 2.01 The department of education shall maintain a page on its public website pursuant to 22-93-106, C.R.S. 2.01.1 As a part of this website, the department continuously makes publicly available resources and evidence-based best practices in bullying prevention. 2.01.2 Using the website, the department will also continuously make publicly available procedures for the distribution, collection, standardization, and analysis of data collected from surveys of students’ impressions of the severity of bullying in their schools for the Bullying Prevention and Education Grant Program. 2.01.2.1 These procedures shall include those to ensure the confidentiality of each student’s answers to the survey and to clarify that the completion of a survey shall be voluntary and shall not be required of any student. 2.01.2.2 The website will also provide guidance on survey questions, such as the forms of bullying that the student has experienced, where those incidents occurred, how frequently the student witnessed bullying at his or her school and how frequently the student perceives himself or herself to be a victim of bullying.

3.0 APPLICATION REQUIREMENTS AND TIMELINE 3.01 As legislated monies are available, the department shall solicit, review, and award grants to public schools, facility schools, and collaborative groups of public schools and facility schools for periods of one to three years. 3.02 On an annual basis on a date determined by the Department, public schools, facility schools, and collaborative groups of public schools and facility schools interested in obtaining funding shall submit a bullying prevention grant application electronically to the department, using the application form provided by the Department. 3.03 Each application submitted shall include, but need not be limited to the following: 3.03.1 A description of the evidence-based best practices for preventing bullying that applicants plan to implement using the grant moneys, including a description of the evidence supporting the chosen practices that have proven successful in other public schools in the country. These evidence-based practices for bullying prevention may be drawn from the department’s bullying prevention website, pursuant to section 2.01.1; 3.03.2 A description of the methods that will be used to ensure sustained implementation of evidence-based best practices in bullying prevention that result in improved outcomes and reduced bullying over time and past the grant period; 3.03.3 A description of how grantees will use at least a portion of awarded grant moneys for the

purpose of educating students’ parents and legal guardians regarding the grant recipient’s policies concerning bullying prevention and education, the grant recipient’s ongoing efforts to reduce the frequency of bullying incidents, and the grant recipient’s strategies for including families and the community in school bullying prevention. 3.03.4 A description of how grantees will include student leadership and voice in the creation and implementation of bullying prevention strategies. 3.03.5 A description of how the applicant will adopt specific policies concerning bullying education and prevention that includes: 3.03.5.1 Creation or revision of a district safe school plan as indicated in 22-32- 109.1; 3.03.5.2 Provisions for the administration of surveys of students’ impressions of the severity of bullying in their schools; 3.03.5.3 The designation of a team of persons at each school of the school district who advise the school administration concerning the severity and frequency of bullying incidents; 3.03.5.4 Provisions for adequate due processes and safeguards for students accused of engaging in bullying behaviors. 3.03.6 A description of the procedures for the distribution, collection, standardization, and analysis of student impression survey data collected, and procedures that ensure the confidentiality of each student’s answers to the survey, and clarify that the completion of a survey shall be voluntary and shall not be required of any student. 3.03.6.1 A description of the survey that will be used to ask about how frequently the student witnesses bullying at his or her school and how frequently the student perceives himself or herself to be a victim of bullying; 3.03.6.2 To the extent practicable, grantees may utilize existing forms and procedures, including those outlined on the Bullying Prevention website, to administer surveys; 3.03.6.3 Grantees may use a digital or paper and pencil version of the survey; 3.03.6.4 Grantees are required to implement an active opt in procedure for parents and students for any surveys used as a part of the grantee’s program; 3.03.7 A description of the procedures for the distribution, collection, standardization, and analysis of implementation data that indicates the degree to which the school, leadership teams, and school staff implement the evidence-based bullying prevention best practices; and 3.03.8 An explanation of the cost of the bullying prevention program that the applicant(s) plan to implement using the grant moneys and an explanation of how grant funding will be used to supplement and not supplant any funding currently being used on bullying prevention practices already provided to the students, school, families, and community.

4.0 APPLICATION EVALUATION CRITERIA 4.01 In reviewing grant applications to determine which applicants should receive grant funding and the duration and amount of each grant, the Department shall consider the following criteria: 4.01.1 The quality of the evidence-based best practices for preventing bullying that the applicant(s) plans to implement using the grant moneys, including the evidence supporting the chosen practices that have proven successful in other public schools in the country; 4.01.2 The quality of the methods that will be used to ensure sustained implementation of the best practices in bullying prevention that can result in improved outcomes and reduced bullying over time and beyond the grant period; 4.01.3 The quality of the plan for using at least a portion of awarded grant moneys for the

purpose of educating students’ parents and legal guardians regarding the grant recipient’s policies concerning bullying prevention and education, the grant recipient’s ongoing efforts to reduce the frequency of bullying incidents, and the grant recipient’s strategies for including families and the community in school bullying prevention; 4.01.4 The quality of the plan for including student leadership and voice in the creation and implementation of bullying prevention strategies; 4.01.5 The quality of the plans to adopt specific policies concerning bullying education and prevention; 4.01.6 The rigor with which the applicant(s) intend(s) to monitor the distribution, collection, standardization, and analysis of survey data collected, and procedures that ensure the confidentiality of each student’s answers to the survey and clarify that the completion of a survey shall be voluntary and shall not be required of any student; 4.01.7 The rigor with which the applicant(s) intend(s) to monitor the distribution, collection, standardization, and analysis of implementation data that indicates the degree to which the school, leadership teams, and school staff implement the evidence-based bullying prevention best practices; and 4.01.8 The cost of the bullying prevention best evidence-based practices that the applicant(s) plan to implement using the grant moneys.

5.0 DATA COLLECTION AND REPORTING 5.01 Each public school, facility school, and collaborative group of public schools and facility schools funded through the Bullying Prevention and Education Grant Program shall submit annually information to the Department describing the following: 5.01.1 The evidence-based best practices in bullying prevention that the applicant(s) implemented using the grant moneys; 5.01.2 The number and grade levels of students who participated in each of the bullying prevention practices or services provided; 5.01.3 The progress made by the participating public schools, facility schools, and collaborative groups of public schools and facility schools in including family and community partnering in school bullying prevention strategies; 5.01.4 The progress made by the participating public schools, facility schools, and collaborative groups of public schools and facility schools in adopting specific policies concerning bullying education and prevention; 5.01.5 The progress made by the participating public schools, facility schools, and collaborative groups of public schools and facility schools in implementing the evidence-based best practices in bullying prevention with fidelity; and 5.01.6 The progress made by the participating public schools, facility schools, and collaborative groups of public schools and facility schools in reducing the frequency of bullying as indicated by school surveys and other relevant measures. 5.02 On or before May 1, 2017, and each year thereafter as long as monies are available, the Department shall submit annually to the state board and to the education committees of the senate and house of representatives, or any successor committees, the following information regarding the administration of the program in the preceding year: 5.02.1 The number of grant recipients that received grants under the program; 5.02.2 The amount of each grant awarded to each grant recipient; 5.02.3 The average amount of each grant awarded under the program; 5.02.4 The number of pupils who are either enrolled at each public school of each grant recipient or receiving services through each facility school of each grant recipient; and 5.02.5 The source and amount of each gift, grant, and donation received by the Department for the implementation of the bullying prevention program, pursuant to section 22-93-105 (3)

(b), C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 06/30/2016.

1 CCR 301-100 Rules for the Administration of the Teacher Grants for Computer Science Education Program {#sec-1-ccr-301-100 omnilex-key=us-co-regs-official--department-4--1 CCR 301-100}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE TEACHER GRANTS FOR COMPUTER SCIENCE

EDUCATION PROGRAM

1 CCR 301-100 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY: ARTICLE IX, SECTION 1, COLORADO CONSTITUTION. 22-97-101 ET SEQ.; 22-2-

107(1)(C) OF THE COLORADO REVISED STATUTES (C.R.S.).

0.0 STATEMENT OF BASIS AND PURPOSE

The Teacher Grants for Computer Science Education Program, sections 22-97-102 and 22-97-103, C.R.S., requires the State Board of Education to promulgate rules to implement and administer the program. At a minimum, the rules must include: the application process, including requirements; and deadlines; criteria for the award of grants, including award priorities; the amount and duration of the grants; and the approved uses of the grant.

1.0 DEFINITIONS 1.01 “Computer science education” means the study of computers, algorithmic processes, and computer programming and coding, including their principles, their hardware and software designs, their applications, and their impact on society. 1.02 “Department” means the Department of Education created and existing pursuant to Section 24-1- 115, C.R.S. 1.03 “Eligible teacher” means a person who is employed as a teacher in a public school in the state. 1.04 “Public school” has the same meaning as provided in Section 22-1-101 and includes, but is not limited to, a district charter school, an institute charter school, and an online school, as defined in

Section 22-30.7-102(9.5). 1.05 “School district” means a school district authorized by Section 15 of Article IX of the state constitution and organized pursuant to Article 30 of Title 22. “School district” also includes a Board of Cooperative Services created pursuant to Article 5 of Title 22, if it is operating a public school; a district charter school; an institute charter school; or an online school, as defined in

Section 22-30.7-102(9.5). 1.06 “State Board” means the state board of education created pursuant to Section 1 of Article IX of the state constitution.

2.0 COMPUTER SCIENCE EDUCATION GRANTS FOR TEACHERS PROGRAM 2.01 The Department shall create and administer a grant program for eligible teachers who wish to pursue additional postsecondary education in order to provide computer science education to students in public schools.

3.0 ELIGIBILITY, APPLICATION REQUIREMENTS, AND TIMELINE 3.01 A school district or school district on behalf of an eligible teacher or teachers may apply for a grant under the Teacher Grants for Computer Science Education program. Individual teachers are not eligible to receive grant funding directly from the Department. 3.01 As legislated monies are available, the Department shall solicit, review, and recommend awards to school districts for a period of one year. The State Board shall annually approve the amount of the awards under the Computer Science Education Grants for Teachers program which must be used for tuition, fees, training program costs, and/or books and materials for educators. 3.02 Unless otherwise specified by the department, on or before March of each year that monies are available, school districts interested in obtaining funding shall submit a grant application electronically to the Department, using the application form provided by the Department. 3.03 Each application submitted shall include, but need not be limited to the following: 3.03.1 The number of eligible school teachers the grant will serve and a description of whether those teachers teach a high-poverty student population; a high number of minority students; or students in rural areas. 3.03.2 A description of how the grantee plans to use funds, including: 3.03.2(a) If applicable, a description of how the eligible teachers served by the grant intend to continue teaching in public schools in Colorado after completing postsecondary education obtained through the grant program (i.e. what type of role the eligible teacher will serve in a public school). If an applicant applies on behalf of teachers who fit this description, an assurance from those teachers is required as part of the application. 3.03.2(b) If applicable, a description of how eligible teachers will use the grant for postsecondary coursework or training that enables them to teach computer science, including concurrent enrollment in computer science or Advanced Placement computer science courses, and whether that coursework or training applies toward the completion of a degree or industry-recognized certificate in computer science, the completion of a high-quality training program, or the mastery of a teaching content area in computer science. 3.03.2(c) If applicable, a description of the high-quality training program to be offered in the district that will enable teachers to teach computer science.

4.0 APPLICATION EVALUATION PRIORITIES 4.01 In reviewing grant applications to make recommendations to the State Board for grant awards, the Department shall consider the following priorities: 4.01.1 The extent to which the grant will benefit a teacher or teachers in a school district that serves a high-poverty student population; 4.01.2 The extent to which the grant will benefit a teacher or teachers in a school district that serves a high-number of minority students; 4.01.3 The extent to which the grant will benefit a teacher or teachers in a school district that serves students in rural areas; 4.01.4 The extent to which the grant will benefit a teacher or teachers who intend to continue teaching in public schools in Colorado after completing postsecondary education obtained through the grant program; 4.01.5 The extent to which the grant funding will be used for postsecondary coursework or training that enables a teacher or teachers to teach computer science, including concurrent enrollment courses in computer science or Advanced Placement computer science and whether that coursework or training applies toward the completion of a degree or industry-recognized certificate in computer science, the completion of a highquality training program, or the mastery of a teaching content area in computer science; 4.01.6 The extent to which the school district intends to use the grant to fund high-quality training programs to be offered to teachers in the district that enable the teachers to teach computer science courses; and 4.01.7 The cost of the professional development activities that the applicant intends to pursue using the grant funds.

5.0 AWARD PROCESS 5.01 On an annual basis, as legislated moneys are available, the Department shall make recommendations for grant awards to the State Board. 5.02 The State Board shall approve grant awards to school districts on an annual basis, as legislated moneys are available, for a term of one year. 5.03 Awards shall be made available to grantees on the first of the month following approval by the State Board.

6.0 REPORTING 6.01 Each school district funded through the Computer Science Grants for Teachers program shall submit annually information to the Department describing the following: 6.01.1 The number of teachers in each school district who benefitted from the grant; 6.01.2 The outcomes of the grant, including the postsecondary courses, degrees, training programs, or industry-recognized certificates completed and the education provider that provided the education; 6.01.3 The amount of funding each grantee dedicated toward allowable expenses, including tuition, fees, training programs, books, and/or materials on behalf of teachers; and 6.01.4 The expected impact of the additional teacher training and education on students. 6.02 On or before January 1, 2019, and each year thereafter as long as monies are available, the Department shall submit annually to the education committees of the senate and house of representatives, or any successor committees, the following information regarding the administration of the program in the preceding calendar year: 6.02.1 The number of grants awarded during the previous calendar year; 6.02.2 The amount of each grant awarded to each grant recipient in the previous calendar year; 6.02.3 The number of teachers in each school district who benefitted from the grant; 6.02.4 The uses of each grant, including the postsecondary courses, degrees, training programs, or industry-recognized certificates completed and the education provider that provided the education; and 6.02.5 The expected impact of the additional teacher training and education on students. _________________________________________________________________________ Editor’s Notes

History New rule eff. 12/30/2017.

Rules 3.01, 3.02 emer. rules eff. 04/12/2018; expired 08/10/2018.

Rules 3.01, 3.02 eff. 09/30/2018.

1 CCR 301-101 Rules for the Administration of Educator License Endorsements {#sec-1-ccr-301-101 omnilex-key=us-co-regs-official--department-4--1 CCR 301-101}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR THE ADMINISTRATION OF EDUCATOR LICENSE ENDORSEMENTS – Repealed eff. 03/31/2026 1 CCR 301-101 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Editor’s Notes

History New rule eff. 08/14/2018.

Rule 7.09 eff. 11/30/2018.

Entire rule eff. 05/30/2019.

Rules 4.24, 6.07(6)-(8), 7.09 eff. 01/15/2020. Rule 4.21 repealed eff. 01/15/2020.

Entire rule eff. 11/30/2022.

Entire rule eff. 05/30/2024.

Entire rule eff. 11/30/2024.

Entire rule repealed eff. 03/31/2026.

1 CCR 301-102 Rules for the Administration of the Retaining Teachers Grant Program {#sec-1-ccr-301-102 omnilex-key=us-co-regs-official--department-4--1 CCR 301-102}

Department of Education Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE RETAINING TEACHERS GRANT PROGRAM 1 CCR 301-102 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Editor’s Notes

History New rule eff. 12/30/2018.

Entire rule repealed eff. 07/16/2026.

1 CCR 301-103 Rules for the Administration of the Accelerated College Opportunity Exam Fee Grant Program {#sec-1-ccr-301-103 omnilex-key=us-co-regs-official--department-4--1 CCR 301-103}

Department of Education Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE ACCELERATED COLLEGE OPPORTUNITY EXAM FEE GRANT PROGRAM 1 CCR 301-103 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Editor’s Notes

History New rule eff. 05/18/2019.

Entire rule eff. 11/30/2019.

Entire rule repealed eff. 07/16/2026.

1 CCR 301-104 Rules for the Administration of the Educational Stability Grant Program for Highly Mobile Students {#sec-1-ccr-301-104 omnilex-key=us-co-regs-official--department-4--1 CCR 301-104}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE EDUCATIONAL STABILITY GRANT PROGRAM FOR

HIGHLY MOBILE STUDENTS

1 CCR 301-104 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 0.0 STATEMENT OF BASIS AND PURPOSE The Educational Stability Grant Program, 22-32-138.5, C.R.S., requires the State Board of Education to adopt rules for the implementation of the grant program. At a minimum, the rules must include: timelines and procedures associated with the application process and information to be included in the grant applications.

1.0 DEFINITIONS 1.1 “County department” has the same meaning as provided in section 19-1-103 (32), C.R.S. 1.2 “Department of education” means the department of education created in section 24-1-115, C.R.S. 1.3 “Division of youth services placement facilities” means a secure facility or contract community residential program of the division of youth services in the state department of human services. 1.4 “Education provider” means a school district, the state charter school institute, or a board of cooperative educational services that operates a school, public school of a school district, a school operated by a board of cooperative educational services pursuant to article 5 of title 22, C.R.S., an institute charter school authorized pursuant to part 5 of article 30.5 of title 22, C.R.S., a state-licensed day treatment facility, an approved facility school as defined in section 22-2-402 (1), C.R.S. 1.5 “Highly mobile students” means children or youth who at any time during the academic year were homeless, as defined in section 22-1-102.5, C.R.S; were in noncertified kinship care, as defined in section 19-1-103, C.R.S; were students in out-of-home placement, as defined in section 22-32- 138(1)(h), C.R.S.; or were migrant children, as defined in section 22-23-103, C.R.S. 1.6 “Student in out-of-home placement” means a student who at any time during an academic term is in foster care and receiving educational services through a state-licensed day treatment facility, who is otherwise in placement out of the home as that term is defined in section 19-1-103 (85), C.R.S. or who is in placement outside of the home as a result of an adjudication pursuant to

article 2 of title 19, C.R.S. It includes a child or youth who transfers enrollment as a result of being returned to his or her home at the conclusion of out-of-home placement.

2.0 IMPLEMENTATION OF THE EDUCATIONAL STABILITY GRANT PROGRAM 2.1 The department of education shall create and administer the educational stability grant program to provide grant money to education providers to use in providing academic and social-emotional services and supports to highly mobile students. 2.2 Subject to available appropriations, commencing with the 2019-20 fiscal year, the Colorado State Board of Education shall award educational stability grants to eligible applicants, which include preschool, elementary, and secondary education providers from money appropriated from the educational stability grant program fund.

3.0 AWARD PROCESS 3.1 Each education provider that seeks a grant under these rules must submit an application to the department of education in accordance with these rules. 3.2 The department of education shall review the applications received and recommend recipients and grant amounts to the state board. The state board shall annually award grants after considering the department's recommendations. 3.3 In recommending awards to the state board, the department may consider geographic distribution, scope of problem, and results of annual program review as described in section 5 of these rules in addition to the application information required as a part of section 4.3 of these rules. 3.3.1 The department will outline specific priorities, duration of grants, and scoring criteria as

part of the request for proposal process.

4.0 TIMELINE AND PROCEDURE 4.1 The timeline is only in effect based on the availability of funds. 4.2 Grant applications shall be submitted to the department of education by June 30, 2019 and by June 30 in subsequent years in which the grant is funded. 4.3 Each grant application submitted must include: 4.3.1 The number of highly mobile students the education provider served in the previous school year. These data may be requested from the department of education; 4.3.2 A description of services to be provided through the grant, including a description of innovative practices to address barriers for students. Such description may emphasize innovative practices that address barriers and increase opportunities for highly mobile students, including collaboration with school-community partnerships, division of youth services placement facilities, or county agencies; and specialized academic and career planning for students served by the grant; 4.3.3 A description of the need for the services funded by the grant. The description should include, as appropriate, data analysis reflecting the stated needs, such as a needs assessment, analysis of contributing community conditions, analysis of academic performance factors, or gap analysis for the population to be served by the grant; 4.3.4 An estimated cost of services that would be funded by the grant; 4.3.5 An explanation of the criteria that will be used to measure the effectiveness of the services; 4.3.6 A description of the education provider's existing policies and practices relating to the transfer of student records between education providers; 4.3.7 A description of the education provider's collaboration with county departments to make best-interest determinations and to provide any necessary transportation and services when needed as outlined in section 22-32-138, C.R.S.; 4.3.8 A description of the services the education provider will provide for highly mobile students who receive special education services. Such description should include, at a minimum, the education provider’s plans to review, update, and implement Individual Education Plans (IEPs) and Section 504 plans; 4.3.9 A description of practices to allow access to extracurricular activities for highly mobile students and, in particular, for highly mobile students who receive special education services; 4.3.10 A description of the transition practices relating to school moves for highly mobile students. Such description may include details on the education provider’s student induction programs, policies for immediate records transfer of highly mobile students, or new student orientation procedures; 4.3.11 A description of how the education provider will promote engagement in academic supports, such as work-based learning. “Work-based learning” has the same meaning as set forth in section 8-83-601(15), C.R.S; and 4.3.12 If previously awarded funds under this grant program, a description of how the previously funded services have been sustained in the time period between the end of the first grant and application for additional funds and a description of the effectiveness of services provided with previous funding.

5.0 ANNUAL REVIEW AND REPORTING 5.1 On or before March 31 of each year for which grants are to be distributed, the department of education shall evaluate the educational stability services provided by each education provider that received a grant in the preceding fiscal year. 5.2 At a minimum, the department of education shall review the outcomes and effectiveness of services provided as measured by the demonstrated degree of educational stability. The analysis of the degree of educational stability should examine: 5.2.1 The improvement in school attendance; 5.2.2 The reduction in behavioral and discipline incidents; 5.2.3 The increase in grade-level promotion; 5.2.4 The reduction in the dropout rate; and 5.2.5 The increase in the graduation and completion rates for the grant recipients' schools. 5.3 The department of education shall report the evaluation results to the education committees of the senate and of the house of representatives, or any successor committees, in conjunction with the report on Dropout Prevention and Student Re-Engagement submitted pursuant to section 22- 14-111, C.R.S. _________________________________________________________________________ Editor’s Notes

History New rule eff. 05/18/2019.

Rules 4.3.2-4.3.12 eff. 12/30/2022.

1 CCR 301-105 Rules for the Review of Early College Designations {#sec-1-ccr-301-105 omnilex-key=us-co-regs-official--department-4--1 CCR 301-105}

DEPARTMENT OF EDUCATION

RULES FOR THE REVIEW OF EARLY COLLEGE DESIGNATIONS

1 CCR 301-105 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose These Early College rules are promulgated under section 22-35-111(1), C.R.S., to implement section 22- 35-103(10)(b), C.R.S. 1.00 Definitions 1.01 “Department” means the department of education created and existing pursuant to section 24-1- 115, C.R.S. 1.02 “Early College” is defined in section 22-35-103(10)(a), C.R.S. A school that includes grades below the ninth grade may qualify if the secondary-school grade levels of the school meet the definition of an Early College. 1.03 “Local education provider” means a school district, a board of cooperative services, a district charter school, or an institute charter school. 1.04 “Postsecondary career and technical education program” means a career and technical education program that offers postsecondary courses and is approved by the state board for community colleges and occupational education pursuant to section 23-8-103, C.R.S. 1.05 “Postsecondary credential” means:

(a) a degree or credential conferred by an institution of higher education; or (b) an industry-recognized certificate, materially similar to those identified under section 22- 54-138(3), C.R.S.; or (c) a certificate from a postsecondary career and technical education program. 1.06 “State Board” means the state board of education created pursuant to section 1 of article IX of the state constitution. 2.00 Review of Early College Designations 2.01 Schools designated as Early Colleges under subparagraphs 22-35-103(10)(a)(VI) and (VII), C.R.S. who wish to retain that designation, and any school seeking a new Early College designation, must submit a review application. The review application must include:

(a) The name of the school and the school’s local education provider (or, if the school is itself a local education provider, the names of the school and the school’s authorizer);

(b) A description of the school’s four-year curriculum, under which students enroll in and complete secondary and postsecondary courses such that, upon successful completion of the curriculum, the student will have completed the requirements of a high school diploma and either (1) an associate’s degree or other postsecondary credential or (2) at least sixty credits toward the completion of a postsecondary credential;

(c) A statement of the school’s graduation requirements, requiring each student to complete said curriculum in order to receive a diploma;

(d) A description of the agreements in place with postsecondary partners that allow implementation of said curriculum (a copy of written agreements can be submitted in lieu of a description); and (e) A description of the supports provided to students who appear unable to successfully complete said curriculum within four years. 2.02 The Department shall set a schedule for the review cycle, which must include deadlines for (1) schools to submit review applications, (2) CDE to submit recommendations to the State Board, (3) schools may submit responses to CDE’s recommendations, and (4) the State Board to make determinations. The Department may revise such schedule as needed, but the schedule and any revisions must be publicly disseminated at least 60 days before the deadline for schools to submit review applications. The schedule need not be the same for initial applications as for applications to retain a designation. 2.03 In making Early College determinations, the State Board shall consider whether the secondary school offers only a curriculum compliant with section 22-35-103(10)(a), C.R.S. The rate at which students successfully complete the Early College curriculum within four years shall be relevant evidence for purposes of the State Board’s determination for renewal applications. 2.04 Any secondary school determined to be an Early College must submit a review application under this section 2.00 of these rules to retain its Early College designation, no later than five years after its most recent State Board determination. The Department may recommend an early review for any Early College, and the State Board may review any Early College’s designation at any time by voting to (a) request a review application under section 2.03 and (b) set a schedule therefor. A failure to submit a timely review application (either as due every five years or as requested by the State Board) shall be deemed an abandonment of the designation, and the Department will recommend to the State Board that it make a determination accordingly. 3.00 Effect of Early College Designations 3.01 A secondary school that the State Board determines meets the curriculum requirements specified in 22-35-103(10)(a), C.R.S., qualifies for the exclusion in 22-35-110(4), C.R.S. The schools enumerated in subparagraphs 22-35-103(10)(a)(I)-(V), C.R.S., qualify for the exclusion in 22-35- 110(4), C.R.S., without the need for a State Board determination. 3.02 A secondary school that the State Board determines does not meet the curriculum requirements specified in 22-35-103(10)(a), C.R.S., is no longer designated as an Early College. The provisions of the Concurrent Enrollment Programs Act, sections 22-35-101 et seq., C.R.S., shall apply to the school beginning with the following academic year. A school may apply or re-apply for early college designation through the State Board process. _________________________________________________________________________ Editor’s Notes

History New rule eff. 05/30/2019.

1 CCR 301-106 Rules for the Administration of the Ninth Grade Success Grant Program {#sec-1-ccr-301-106 omnilex-key=us-co-regs-official--department-4--1 CCR 301-106}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE NINTH GRADE SUCCESS GRANT PROGRAM

1 CCR 301-106 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose.

These rules are promulgated pursuant to section 22-14-110, C.R.S., which requires the Colorado State Board of Education (State Board) to promulgate rules as may be necessary to implement the provisions of Article 14 of Title 22, including rules required pursuant to section 22-14-109.5 for the Ninth Grade Success Grant Program.

The Ninth Grade Success Grant Program provides funding to local education providers and charter schools to assist students enrolled in ninth grade to develop the skills they need to successfully persist in high school graduation and succeed in their education and professional careers. 2.0 Definitions 2.1 “Charter school” means a charter school authorized by a school district pursuant to Part 1 of

Article 30.5 of Title 22, C.R.S., or an institute charter school authorized by the state charter school institute pursuant to Part 5 of Article 30.5 of Title 22, C.R.S. 2.2 “Evidence-Informed” means a program or practice in mathematics that relies on peer-reviewed evidence to establish a basis for accelerating learning. “Evidence-informed” includes evidenceinformed curricula, interventions, acceleration strategies, and assessment options. 2.3 “Local education provider” means a school district, a board of cooperative services created pursuant to article 5 of Title 22, C.R.S., or the state charter school institute created pursuant to

section 22-30.5-503, C.R.S. 2.4 “Small rural school district” means a school district in Colorado that the Colorado Department of Education determines is rural based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand students in kindergarten through twelfth grade. 2.5 “Success team” means a cross-disciplinary team of ninth-grade teachers and support staff as described section 22-14-109.5(5), C.R.S. 3.0 Eligibility 3.1 A local education provider or charter school that serves students enrolled in grades nine through twelve may apply for funding under the Ninth Grade Success Grant Program. Each Ninth Grade Success Program must ensure that all ninth-grade teachers receive information concerning the incoming ninth-grade students before the start of the school year and receive professional development concerning how to use the information to inform instruction for the students. 3.2 An alternative education campus designated pursuant to section 22-7-604.5, C.R.S., may not apply for or receive money or services through the Ninth Grade Success Grant Program. 4.0 Allowable Uses of Funds 4.1 Grant funding must be used to implement a ninth grade success program that, at a minimum, includes the following elements outlined in section 22-14-109.5(5), C.R.S.: 4.01(1) Creating and implementing a cross-disciplinary success team of ninth grade teachers and support staff, which must include at least one school counselor, school mental health professional, or school social worker. To the extent practicable, a success team must include all of the ninth-grade teachers who teach core courses, as defined in section 22- 11-503.5. The local education provider or charter school shall designate a member of the success team to serve as the success team leader and reduce the team leader’s workload to a level that allows the team leader sufficient time to complete the leadership duties, which include team logistics, preparing team meeting agendas, and facilitating team meetings; 4.01(2) The success team must meet at least every two weeks, to the extent practicable, throughout the school year to collaborate on identifying and implementing strategies to improve outcomes for ninth-grade students who are found to be at risk of dropping out of school before graduation and to address systems-level barriers to success for all ninthgrade students. The strategies must be informed by information concerning, at a minimum, ninth-grade students’ behavior, attendance, and grades across demographic categories and student groups. The local education provider or charter school shall allow success team members time during the work day for planning and collaboration or provide incentives to meet outside of the work day; 4.01(3) In analyzing such information the grantees, and those with whom they contract with or accept free services from, shall comply with state and federal laws to protect the privacy of student information including the Colorado Student Data Transparency and Security Act (see C.R.S. 22-16-101 et seq.). 4.01(4) Organizing the school staff to ensure that, to the extent practicable, the ninth-grade classes are taught by a single group of teachers who teach only or mostly ninth-grade classes; 4.01(5) Implementing a information system that provides real-time access to integrated information concerning a student’s behavior, attendance, and grades and provides the ability to compare the information across demographic categories and student groups; 4.01(6) Identifying and prioritizing services for ninth-grade students who are at risk of academic failure in ninth grade; 4.01(7) Providing instructional support for ninth-grade students including attendance support, content-specific academic interventions, tutoring, course-completion programs, socialemotional learning, and trauma-informed instruction; 4.01(8) Ensuring that school leadership, school counselors, and key members of the success team receive and review information on all incoming ninth-grade students and plan course work and supports for the students based on the information received; 4.01(9) Ensuring that all ninth-grade teachers receive information concerning the incoming ninthgrade students before the start of the school year and receive professional development concerning how to use the information to inform instruction for the students. To the extent possible, the local education provider or charter school shall ensure that middle school teachers provide information to ninth-grade teachers concerning the incoming ninthgrade students; 4.01(10) Providing summer orientation for incoming ninth-grade students and their parents to introduce students to the behavioral and academic expectations of high school; and 4.01(11) Evaluating with rigor the impact of the interventions provided through the Ninth Grade Success Grant Program on student attendance, behavior, course completion, academic results, discipline rates, teacher surveys, student surveys, dropout rates, and graduation rates as the information becomes available for ninth-grade students who receive interventions through the Ninth Grade Success Grant Program. Such evaluation must be disaggregated by school and by student groups. 5.0 Application Requirements 5.1 A local education provider or charter school that is selected to receive a grant must, as a condition of accepting the grant, provide a grant match. Grant matches may include in-kind contributions, meaning donations of goods or services, rather than funding. Grant matches cannot include funding from other state or federal grants. Grant matches must be obtained for the following amounts: 5.01(1) For a local education provider that is a small rural school district or for a charter school, fifteen percent of the grant amount; and 5.01(2) For all other local education providers, twenty-five percent of the grant amount. 5.2 Grant applications must include the following information: 5.02(1) The applicant’s four-year graduation rate for the three preceding school years for the districts and schools; 5.02(2) The applicant’s plan for implementing a ninth grade success program that, at a minimum, includes the elements described in section 4.01 of these rules, above, and an explanation of how such program will improve the success of students enrolled in ninth grade; 5.02(3) Whether the applicant already has in place an information system that allows school leaders and teachers real-time access to integrated information concerning a student’s behavior, attendance, and grades and allows comparison of the information across demographic categories and student groups; 5.02(4) For a local education provider, designation of the schools in which the local education provider will use the grant money to implement ninth grade success teams; and 5.02(5) Indication of the applicant’s ability to provide the required grant match and any type and value of in-kind contribution that the applicant may provide. 5.02(6) If applicable, information on the applicant’s proposed programming focused on evidenceinformed mathematic skills, intervention strategies, and acceleration strategies. 6.0 Application Review Criteria 6.1 The Colorado Department of Education (Department), in making recommendations to the State Board, and the State Board, in awarding grants, shall: 6.01(1) Consider the degree to which the applicant’s plan addresses all of the required elements outlined in section 22-14-109.5(5), C.R.S. and the likelihood that the applicant will implement the plan effectively to improve the success of ninth-grade students. 6.01(2) Prioritize applicants that: 6.01(2)(a) Have a four-year graduation rate that, over the preceding three school years, has consistently ranked within the lowest twenty-five percent of the fouryear graduation rates for public high schools in Colorado; 6.01(2)(b) Propose programming focused on evidence-informed mathematics skills, intervention strategies, and acceleration strategies, including a focus on students who are below grade level or struggling in mathematics; and 6.01(2)(c) Have academic achievement levels in mathematics that are consistently ranked the lowest for public high schools in the state, as determined by the department and which may include PSAT scores, on-track metrics, or ninth grade course passage. 6.01(3) To the extent possible, ensure that grant recipients vary in student population size and are located in urban, suburban, and rural areas throughout the state. 7.0 Application Timelines and Duration of Grant Awards 7.1 For initial grant awards, applications will be released in September of the fiscal year in which funding is available and the State Board will award grants by January. Grant funding may be approved for up to a four and a half-year term, subject to available appropriations. 7.2 The State Board shall award any continuation grants for those grantees who were previously approved for an initial grant award on an annual basis by July 1st of each applicable fiscal year. 8.0 Grant Reporting 8.1 Each local education provider and charter school that has received funding must provide information to the Department concerning the implementation of the Ninth Grade Success Program and the evaluation of impact. The Department shall specify, in the grant application materials, the information to be reported. 8.2 For the first cohort of grants awarded in the 2019-20 academic school year, grant recipients must submit information by no later than June 30, 2020 in the first year, and by no later than July 30, in subsequent years. For subsequent cohorts, grant recipients must submit their information by no later than July 30, annually. 8.3 Dropout rates and graduation rates must be reported as the information becomes available for ninth-grade students who have received interventions through the Ninth Grade Success Grant Program. _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 08/29/2019.

Entire rule eff. 11/30/2019.

Entire rule eff. 11/14/2023.

1 CCR 301-107 Rules for the Administration of the Concurrent Enrollment Expansion and Innovation Grant Program {#sec-1-ccr-301-107 omnilex-key=us-co-regs-official--department-4--1 CCR 301-107}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE CONCURRENT ENROLLMENT EXPANSION AND

INNOVATION GRANT PROGRAM

1 CCR 301-107 [Editor’s Notes follow the text of the rules at the end of this CCR Document] _________________________________________________________________________ 1.00 Statement of Basis and Purpose.

The statutory authority for these rules is found in section 22-35-114, C.R.S. The Concurrent Enrollment Expansion and Innovation Grant Program provides grants, subject to available appropriations, to partnering local education providers and institutions of higher education that seek to begin offering or to expand their capacity to offer concurrent enrollment opportunities to qualified students. An applicant that seeks a grant must submit an application to the Colorado Department of Education in accordance with rules of the Colorado State Board of Education. 2.00 Definitions. 2.01 “Concurrent enrollment” means the simultaneous enrollment of a qualified student in a local education provider and in one or more postsecondary courses, including academic or career and technical education courses, which may include course work related to apprenticeship programs or internship programs, at an institution of higher education pursuant to the provisions of article 35 of title 22, at no tuition cost to the qualified student or the qualified student's parent or legal guardian, except as provided in section 22-35-105(4)(c), C.R.S. As provided in section 22-35-104 (5) and (6)(b)(ii), C.R.S., upon successfully completing a concurrent enrollment postsecondary course, the qualified student must receive credit that applies to completion of high school graduation requirements and postsecondary credit that applies toward completion of developmental education courses, applies toward earning a certificate or degree awarded through an approved postsecondary career and technical education program, is approved by the Colorado Department of Higher Education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, is approved for statewide transfer pursuant to section 23-1-125, C.R.S., or is part of a statewide degree transfer agreement pursuant to section 23-1-108(7)(a), C.R.S.

"Concurrent enrollment" does not include a student's simultaneous enrollment in:

(1) A local education provider and in one or more secondary career and technical education courses, advanced placement courses, or international baccalaureate courses;

(2) An early college, as defined in section 22-35-103(10), C.R.S., and a postsecondary course, which enrollment is not subject to the provisions of article 35 of title 22, C.R.S.;

(3) A p-tech school, as defined in section 22-35.3-102, C.R.S., and a postsecondary course, which enrollment is subject to the provisions of article 35.3 of title 22; or (4) A local education provider and a postsecondary course that does not meet the requirements specified above. 2.02 “Department” means the department of education created and existing pursuant to section 24-1- 115, C.R.S. 2.03 “District charter school” means a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22 that serves any of grades nine through twelve. 2.04 “Institute charter school” means a charter school authorized by the State Charter School Institute pursuant to part 5 of article 30.5 of title 22, C.R.S. that serves any of grades nine through twelve. 2.05 “Institution of higher education” means either:

(1) A state university or college, community college, local district college or area technical college described in title 23, C.R.S.;

(2) A postsecondary career and technical education program; or (3) An educational institution operating in Colorado that:

(i) Does not receive state general fund moneys in support of its operating costs;

(ii) Admits as regular students only persons having a high school diploma or the recognized equivalent of such a certificate;

(iii) Is accredited by a regional accrediting agency or association;

(iv) Provides an educational program for which it awards a bachelor’s degree or a graduate degree;

(v) Is authorized by the Colorado Department of Higher Education to do business in Colorado pursuant to section 23-2-103.3, C.R.S.;

(vi) Maintains a physical campus or instructional facility in Colorado; and (vii) Has been determined by the United States Department of Education to be eligible to administer federal financial aid programs pursuant to title IV of the federal “Higher Education Act of 1965”, as amended. 2.06 “Local education provider” means a school district, Board of Cooperative Services, a district charter school, or an Institute charter school. 2.07 “Partnership” means one or more Local Education Providers and one or more Institutions of Higher Education. 2.08 “Postsecondary career and technical education program” means a career and technical education program that offers postsecondary courses and is approved by the State Board for Community Colleges and Occupational Education pursuant to section 23-8-103, C.R.S. 2.09 “Qualified student” means a person who is less than twenty-one years of age and is enrolled in the ninth grade or a higher grade level in a local education provider. 2.10 “State Board” means the state board of education created pursuant to Section 1 of Article IX of the State Constitution. 2.11 “Student group” has the same meaning as provided in section 22-11-103, C.R.S. 3.00 Application Submissions 3.01 The Department will develop a grant application form for interested applicants. 3.02 Each application must specify the following: 3.02(1) The number of qualified students, in total and disaggregated by student group, participating in concurrent enrollment in each of the preceding five school years, including the types of postsecondary courses in which qualified students enrolled, including academic and career and technical education courses, which may have included course work related to apprenticeship programs and internship programs; the number of postsecondary credits earned; and whether the postsecondary credits were generally transferable to institutions of higher education throughout the state; 3.02(2) The number of qualified students, in total and disaggregated by student group, who applied for Concurrent Enrollment in each of the preceding five school years but were denied and the reasons for the denials; 3.02(3) The financial terms of the cooperative agreement between the members of the Partnership; 3.02(4) The manner in which the local education provider and the partnering Institution of Higher Education publicize the availability of Concurrent Enrollment to its students and the amount of counseling provided to students and their parents or legal guardians concerning the costs and benefits of concurrent enrollment and the transferability of credits obtained through concurrent enrollment; 3.02(5) The description of the manner in which the partnership plans to use the grant money to expand the number of qualified students concurrently enrolled in postsecondary courses, which may include: 3.02(5)(i) Assisting one or more teachers with the cost of obtaining a graduate degree in a specific subject so that the teacher may be certified to teach a postsecondary course at a high school; 3.02(5)(ii) Removing barriers to concurrent enrollment for qualified students, which may include paying the costs of books, supplies, fees, or transportation; 3.02(5)(iii) Sharing data between the members of the partnership, which may include purchasing technology software and equipment to assist in the student enrollment process; and 3.02(5)(iv) Providing services, support, and coordination resources for concurrent enrollment for either or both members of the Partnership; and 3.02(6) Information that demonstrates the applicant's need for financial support for concurrent enrollment and the likelihood that the applicant's use of the grant will increase the participation of low-income or first-generation qualified students in concurrent enrollment. 4.00 Application Reviews 4.01 The Department shall review applications in cooperation with the Colorado Department of Higher Education. The Departments, in making recommendations for grant awards, and the State Board, in selecting grant recipients, shall consider the following criteria: 4.01(1) Whether the applicant either does not already provide concurrent enrollment or concurrently enrolls few qualified students at the time of application; 4.01(2) Whether the applicant demonstrates the greatest degree of need for financial support to expand concurrent enrollment, including need that may arise as a result of a higher-thananticipated participation rate; 4.01(3) Whether the applicant demonstrates the most effective use of the grant money to provide the greatest expansion of concurrent enrollment, which may include expanding by using technological strategies or partnering with the statewide supplemental online and blended learning program described in section 22-5-119, C.R.S., and must include expanding the participation of low-income or first-generation qualified students in concurrent enrollment; 4.01(4) Whether the applicant has demonstrated success in providing concurrent enrollment to a large percentage of the qualified students enrolled by the local education providers and is seeking to implement innovations to expand the number of qualified students concurrently enrolled; or 4.01(5) Whether the applicant has a plan in place to ensure that course work related to apprenticeship programs and internship programs is eligible to receive transferable postsecondary course credits. 5.00 Reporting Requirements 5.01 Each grant recipient shall report to the Department and the Colorado Department of Higher Education: 5.01(1) The manner in which the grant recipient used the grant money received; 5.01(2) The number and demographics of the qualified students concurrently enrolled in postsecondary courses in the school year before, during and after the grant recipient received the grant; 5.01(3) The number of teachers who received a credential using assistance received from a grant; 5.01(4) The types of postsecondary courses, including career and technical education courses and any course work related to apprenticeship programs and internship programs, in which qualified students enrolled in the school year before, during and after the grant recipient received the grant; 5.01(5) The number and transferability of the postsecondary credits earned through concurrent enrollment in the school year before, during and after the grant recipient received the grant; and 5.01(6) The number of students who participated in concurrent enrollment who completed an associate degree or a certificate from a postsecondary career and technical education program, in total and disaggregated by student group. _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 08/14/2019.

Entire rule eff. 11/30/2019.

1 CCR 301-108 Rules for the Administration of the John W. Buckner Automatic Enrollment in Advanced Courses Grant Program {#sec-1-ccr-301-108 omnilex-key=us-co-regs-official--department-4--1 CCR 301-108}

Department of Education Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE JOHN W. BUCKNER AUTOMATIC ENROLLMENT IN ADVANCED COURSES GRANT PROGRAM 1 CCR 301-108 [Editor’s Notes follow the text of the rules at the end of this CCR Document]

Editor’s Notes

History New rule eff. 01/15/2020.

Entire rule repealed eff. 07/16/2026.

1 CCR 301-109 Rules for the Administration of the Computer Science Education Grant Program {#sec-1-ccr-301-109 omnilex-key=us-co-regs-official--department-4--1 CCR 301-109}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE COMPUTER SCIENCE EDUCATION GRANT

PROGRAM

1 CCR 301-109 [Editor’s Notes follow the text of the rules at the end of this CCR Document] _________________________________________________________________________ 1.0 Statement of Basis and Purpose These rules are promulgated pursuant to section 22-97-203, C.R.S., which establishes the Computer Science Education Grant Program to provide money to public schools or school districts in order to increase enrollment or participation of traditionally underrepresented students in computer science education and requires the Department to administer the grant program in accordance with State Board rules. 2.0 Definitions 2.01 “Computer science education” means the study of computers, algorithmic processes, and computer programming and coding, including their principles, their hardware and software designs, their applications, and their impact on society. 2.02 “Department” means the department of education created and existing pursuant to

section 24-1115, C.R.S. 2.03 “Grant program” means the computer science education grant program created pursuant to section 22-97-203, C.R.S. 2.04 “Public school” has the same meaning as provided in section 22-1-101, C.R.S., and includes, but is not limited to, a district charter school or an Institute charter school. 2.05 “School district” means a school district authorized by section 15 of article IX of the state constitution and organized pursuant to article 30 of title 22, C.R.S. “School district” also includes a board of cooperative services created pursuant to article 5 of title 22, C.R.S., if it is operating a public school; a district charter school; an Institute charter school; and an online school, as defined in section 22-30.7-102(9.5), C.R.S. 2.06 “State Board” means the state board of education created and existing pursuant to

section 1 of article IX of the state constitution. 3.0 Application Process, Requirements, and Deadlines 3.01 Public schools or school districts may submit an application electronically, using the application form provided by the Department. 3.02 Each application submitted must include, at a minimum: 3.02(1) Data regarding the total number of students who are currently enrolled or participating in computer science education activities offered by the applicant, if any, disaggregated based on: gender; race and ethnicity; students who are enrolled in special education services or programs, as defined in section 22-20- 103(23), C.R.S.; students who are English language learners, as defined in

section 22-24-103(4); and students who are eligible for free or reduced-cost lunch. If a demographic category contains five or fewer students, that number on the application must be withheld in order to protect the identity of those students; 3.02(2) A description of the computer science education activities currently offered by the public school or school district applicant, if any, including whether any advanced placement computer science courses are offered; and 3.02(3) A description of how technology equipment, including but not limited to hardware, software, or accessories, will be used to increase enrollment or participation of students described in section 3.02(1) of these rules in computer science education activities. A grant application must not request more than fifty percent of the total grant award for technology equipment. 4.0 Allowable Uses of Grant Awards 4.01 Grant funding may be used for any of the following categories to increase enrollment or participation of traditionally underrepresented students in computer science education: 4.01(1) Increasing student awareness through activities including but not limited to computer science career events or guest speakers; 4.01(2) Implementing outreach through activities including but not limited to family and community awareness events, the development of community and educational partnerships, or initiatives to increase enrollment or participation of traditionally underrepresented students; 4.01(3) Improving learning space(s) including but not limited to designing learning spaces accessible to students with diverse abilities, supporting the integration of computer science within the general curriculum, or purchasing and installing hardware and accessories (equal to no more than fifty percent of the total grant award); and/or 4.01(4) Purchasing resources including but not limited to computer science curriculum, student training material, or software as service-based computer science courses. 5.0 Application Review Criteria 5.01 The Department, in making recommendations to the State Board, and the State Board, in awarding grants, shall give priority to applications that: 5.01(1) Demonstrate how the applicant will use the grant to serve: a high-poverty student population; a high percentage of minority students; students in rural areas; or a high percentage of female students; 5.01(2) Expose students to diverse professionals within the computer science industry; or 5.01(3) Demonstrate a low number of computer science education activities offered in the public school or school district, if any. 6.0 Amount and Duration of Grant Awards 6.01 Subject to available appropriations, the State Board shall award grants in amounts that the State Board specifies for each grant recipient. 6.02 Grant funding will be awarded for a one-year term and may be awarded on a recurring

basis. 7.0 Grant Reporting 7.01 By no later than October 1, 2021, and no later than each October 1 thereafter, each grant recipient that was awarded a grant during the previous school year shall submit an end of year report. If data pertains to five or fewer students, such data must not be included in the report in order to protect the identity of those students. The report must include the following information: 7.01(1) The total number of all computer science education activities, with a description of the computer science programs and computer science curriculum covered; 7.01(2) The total number of students who are enrolled in the computer science education activities offered by the grant recipient, and disaggregated based on: gender; race and ethnicity; students who are enrolled in special education services or programs, as defined in section 22-20-103(23), C.R.S.; students who are English language learners, as defined in section 22-24-103(4); and students who are eligible for free or reduced-cost lunch; 7.01(3) The number of students who enrolled in the computer science education activities offered by the grant recipient and took an end-of-course advanced placement exam; 7.01(4) The number of students who enrolled in the computer science education activities offered by the grant recipient and scored three or above on an end-ofcourse advanced placement exam; 7.01(5) The number of students who were exposed to diverse professionals within the computer science industry; and 7.01(6) The number of students who benefitted from improved learning spaces. _________________________________________________________________________ Editor’s Notes

History New rule eff. 10/30/2019.

1 CCR 301-110 Rules for the Administration of the High School Innovative Learning Pilot Program {#sec-1-ccr-301-110 omnilex-key=us-co-regs-official--department-4--1 CCR 301-110}

Department of Education Colorado State Board of Education 1 CCR 301-110 RULES FOR THE ADMINISTRATION OF THE HIGH SCHOOL INNOVATIVE LEARNING PILOT PROGRAM [Editor’s Notes follow the text of the rules at the end of this CCR Document]

Editor’s Notes

History New rule eff. 01/15/2020.

Rules 2.3, 2.5, 3.02(2), 3.02(4), 3.3, 4.01(3)-(5), 5.0, 6.1 eff. 12/30/2021.

Entire rule repealed eff. 07/16/2026.

1 CCR 301-111 Rules for the Administration of the School Leadership Program {#sec-1-ccr-301-111 omnilex-key=us-co-regs-official--department-4--1 CCR 301-111}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE SCHOOL LEADERSHIP PROGRAM

1 CCR 301-111 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 STATEMENT OF BASIS AND PURPOSE

Section 22-13-201, et seq. C.R.S., creates the School Leadership Program. The program provides embedded, experiential professional development to a cohort of school principals to improve the quality of school principals and empower them to exercise distributive and collaborative leadership that supports collaboration among the professional educators in the building. Pursuant to statute, the Colorado Department of Education designs and implements the program.

The statutory authority for these rules is found in section 22-13-203(3), C.R.S., which requires the State Board to adopt rules regarding time frames, procedures, and content for program applications.

2.0 DEFINITIONS 2.1 “Department” means the Department of Education created and existing pursuant to section 24-1- 115, C.R.S. 2.2 “Program” means the School Leadership Program created in section 22-13-203, C.R.S. 2.3 “Public school” means a school that derives its support, in whole or in part, from money raised by a general state or school district tax and includes a school of a school district, a public school operated by a board of cooperative services, and an institute charter school authorized by the State Charter School Institute pursuant to part 5 of Article 30.5 of Title 22. 2.4 “School principal” means an individual who is employed as the chief administrative officer of a public elementary, middle, or high school in Colorado. 2.5 “State Board” means the state board of education created in Section 1 of Article IX of the State Constitution.

3.0 APPLICATIONS

School principals who seek to receive training through the program must submit an application to the Department. 3.1 Application timeline 3.01(1) The Department will make the application form available to applicants by June 30th each year. 3.01(2) Applications must be submitted to the Department by August 15th each year. 3.01(3) The Department will notify all applicants as to whether they have been selected to receive professional development through the program no later than August 31st annually.. 3.2 Application contents 3.02(1) The Department will develop a program application form. Each application must specify: 3.02(1)(a) Applicant name 3.02(1)(b) Race 3.02(1)(c) Gender 3.02(1)(d) School at which the applicant serves as a school principal 3.02(1)(e) School level and type (e.g. elementary, K-8, middle, high, Alternative Education Campus) 3.02(1)(f) District in which applicant is employed 3.02(1)(g) Years of school leadership experience 3.02(1)(h) District setting (urban, suburban, rural) as determined by the Department and outlined in the application materials 3.02(1)(i) School Performance Framework rating for school at which the applicant serves as a school principal 3.02(2) In addition to the information in Rule 3.02(1), each application must include open-ended questions developed by the Department, which address school leadership topics, including but not limited to: 3.02(2)(a) Cohort learning 3.02(2)(b) Positive climate and culture 3.02(2)(c) Distributive leadership 3.02(2)(d) Daily workload and priorities 3.02(2)(e) Increased student academic outcomes 3.02(2)(e)(i) For elementary or K-8 school principals, increased student academic outcomes in reading proficiency 3.02(2)(f) Teacher retention 3.02(2)(g) Self-reflection and feedback 3.02(3) Documented evidence that the applicant’s employer and building staff support the applicant’s participation in the School Leadership Program. _________________________________________________________________________ Editor’s Notes

History New rule eff. 04/01/2020.

Entire rule eff. 11/30/2022.

1 CCR 301-112 Rules for Individualized Medical Seizure Action Plans {#sec-1-ccr-301-112 omnilex-key=us-co-regs-official--department-4--1 CCR 301-112}

DEPARTMENT OF EDUCATION

Colorado State Board of Education RULES FOR INDIVIDUALIZED MEDICAL SEIZURE ACTION PLANS 1 CCR 301-112 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 0.0 STATEMENT OF BASIS AND PURPOSE The statutory basis for these rules is 22-1-132, C.R.S., which requires the State Board of Education to promulgate rules for individualized medical seizure action plans, including training and seizure care guidelines. Statute requires the Department, in collaboration with recognized sources on epilepsy and seizure disorders and a state organization that represents school nurses, to develop strategic resources to improve safety for students who have been diagnosed with a seizure disorder.

1.0 DEFINITIONS 1.1 “Appropriate staff” means one or more employees of the school whom the principal or equivalent executive, in consultation with the school nurse or health-care practitioner, determines to be the appropriate recipient or recipients of free seizure recognition and first aid training developed by recognized sources on epilepsy and seizure disorders, as identified by the Department of Education. “Appropriate staff” may include but need not be limited to employees who have direct contact with and supervision of students who have a seizure disorder. 1.2 “Department” means the department of education created and existing pursuant to section 24- 1- 115, C.R.S. 1.3 “Designated employee” means an employee of the school who is designated and trained by the school nurse or health-care practitioner on how to administer or assist with the administration of seizure treatment and medications, seizure rescue medications, and manual vagus nerve stimulation. 1.3 “Public school” means a public school in the state that enrolls students in any of grades kindergarten through twelfth grade, including a traditional public school of a school district; a charter school of a school district; an Institute charter school; or an approved facility school, as defined in C.R.S. 22-2-402(1). 1.4 “Seizure action plan” means a written, individualized seizure action plan for a specific student, created by the school nurse or health-care practitioner, in conjunction with the student’s parent or legal guardian and the student’s physician, as appropriate, that is designed to acknowledge and prepare for the healthcare needs of a student diagnosed with a seizure disorder. The seizure action plan must be in accordance with the guidelines developed by the department of education. 1.5 “Seizure disorder” means a medical condition, including epilepsy, in which episodes of uncontrolled activity in the brain produce symptoms that produce one or more seizures.

Colorado State Board of Education 2.0 INDIVIDUALIZED SEIZURE ACTION PLANS 2.1 If a student has a diagnosed seizure disorder and the student might need medical intervention with seizure-related care in a school setting or school activity, the student’s parent or legal guardian is encouraged to create, in conjunction with school personnel, sign, and submit to the student’s school an individualized seizure action plan for the student. The school nurse or healthcare practitioner shares responsibility with the school administrators for the management of the student’s seizure disorder while the student is at school, during any school-sponsored activities, and while in transit to or from school or school-sponsored activities if the student is being transported by school district personnel. 2.2 A student’s parent or legal guardian is encouraged to submit the required information for the student’s individualized seizure action plan or amended seizure action plan to the student’s school: at the beginning of the school year or upon the student’s enrollment; as soon as practicable following the student’s diagnosis of a seizure disorder; or if a student’s health status changes significantly during the school year. A parent or legal guardian is encouraged to inform the school, in a timely manner, of any changes needed to the student’s individualized seizure action plan or emergency contact information. 2.3 A public school must follow the school district’s or public school’s medication policy in approving the individualized seizure action plan and ensuring that the individualized seizure action plan is in accordance with the “Nurse and Nurse Aide Practice Act,” article 255 of title 12 of the Colorado Revised Statutes.

3.0 TRAINING 3.1 Within sixty days after the beginning of the 2021-22 academic year and each year thereafter, each public school must provide training to one or more appropriate staff on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid. 3.2 No later than eight weeks after a public school is notified of a student who has been diagnosed with a seizure disorder or the receipt of an individualized seizure action plan signed by the student’s parent or legal guardian, whichever is later, the public school must have at least one designated employee who has met the training requirements necessary to administer or assist with the administration of seizure treatment medications, seizure rescue medications, and manual vagus nerve stimulation.

4.0 SEIZURE CARE GUIDELINES 4.1 By October 2021, in order to support school districts in meeting the requirements of the law, the Department, in consultation with recognized sources on epilepsy and seizure disorders and a state organization that represents school nurses, must develop seizure care guidelines. The guidelines must identify recognized sources that provide training for school personnel on seizure recognition and seizure first aid for epilepsy and seizure disorders. Such guidelines must be consistent with programs and guidelines developed by these recognized sources. 4.2 The Department must review such guidelines at least every three years to ensure that they remain consistent with best practices. _________________________________________________________________________ Editor’s Notes

History New rule eff. 12/15/2021.

1 CCR 301-113 Rules for the Administration of the Educator Recruitment and Retention Program {#sec-1-ccr-301-113 omnilex-key=us-co-regs-official--department-4--1 CCR 301-113}

Department of Education RULES FOR THE ADMINISTRATION OF THE EDUCATOR RECRUITMENT AND RETENTION PROGRAM 1 CCR 301-113 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

1.00 STATEMENT OF BASIS AND PURPOSE

Section 22-60.3-202, et seq. C.R.S., creates the Educator Recruitment and Retention Program. The purpose of the program is to provide support to members of the armed forces, nonmilitary-affiliated educator candidates, and local education providers to recruit, select, train, and retain highly qualified educators across the state.

The statutory authority for these rules is found in section 22-60.3-202(5), C.R.S., which permits the State Board to adopt rules as necessary to implement the program.

2.00 DEFINITIONS 2.00(1) Alternative teacher: A teacher who has been issued an alternative teacher license as defined in 22-60.5.-201(a), C.R.S. 2.00(2) CTE credential: A Career and Technical Education authorization as defined in 22-60.5-111(9), C.R.S. 2.00(3) Department: The Colorado Department of Education as defined in section 24-1-115, C.R.S. 2.00(4) Educator preparation program: An approved program of preparation, as defined in section 22-60.5-102(8), C.R.S., or an alternative teacher program, as defined in section 22-60.5-102(5), C.R.S., or other organization that provides educator preparation for a qualified program participant and is approved by the Department. 2.00(5) Program: The Educator Recruitment and Retention Program created in

section 22-60.3-202, C.R.S. 2.00(6) Local Education Provider: A school district, a charter school authorized by a school district pursuant to Part 1 of Article 30.5 of Title 22, a charter school authorized by the State Charter School Institute pursuant to Part 5 of Article 30.5 of Title 22, or a Board of Cooperative Services created and operating pursuant to

Article 5 of Title 22 that operates one or more public schools. 2.00(7) Member of the armed forces: A member of the United States Army, Air Force, Navy, Marine Corps, Coast Guard, Space Force or any of the armed forces’ active reserve components or of the National Guard. 2.00(8) Qualified program participant: An individual who meets the program criteria and is either a member of the armed forces or a nonmilitary-affiliated educator candidate. 2.00(9) Rural school district: A Colorado school district that the Department determines is rural, based on the geographic size of the school district, the distance of the school district from the nearest large, urbanized area and the total student enrollment is 6,500 or fewer students in pre-kindergarten through twelfth grade. 2.00(10) Separation: An honorable discharge, release from active duty, release from custody and control of the armed forces or a similar change in active or reserve status. 2.00(11) Shortage area: An educator shortage area determined by the State Board of Education. 2.00(12) Small rural school district: A Colorado school district that the Department determines is rural, based on the geographic size of the school district, the distance of the school district from the nearest large, urbanized area and that enrolls fewer than 1,000 students in pre-kindergarten through twelfth grade. 2.00(13) State Board of Education: The Colorado State Board of Education established by section 1 of Article IX of the Constitution of the State of Colorado. 2.00(14) Temporary educator eligibility (TEE) educator: An educator who has been issued a temporary educator eligibility authorization as defined in 22-60.5-11(5), C.R.S.

3.00 FINANCIAL ASSISTANCE 3.01 A member of the armed forces with honorable discharge status or currently serving, or a nonmilitary-affiliated educator candidate may apply to the program to receive financial assistance of up to $7,500 for the tuition cost of an educator preparation program in which the applicant is enrolled. 3.02 The department shall review each application and determine whether the applicant meets the following criteria for participation in the program: 3.02(1) Is enrolled in a Colorado-approved traditional or alternative educator preparation program or institute of higher education for applicants pursuing a CTE credential; 3.02(2) Meets one of the following: 3.02(2)(a) Has earned bachelor’s or higher degree from a regionally accredited college or university and has secured employment as an alternative teacher or temporary educator eligibility (TEE) educator in a rural or small rural district; or 3.02(2)(b) Is currently employed as a paraprofessional in a school district, charter school or BOCES and is working toward a baccalaureate degree as required to pursue a professional teaching license; or 3.02(2)(c) Has secured a position as a CTE instructor in a rural or small rural district and meets state CTE requirements: 3.02(3)(c)(i) as outlined in 23-60-304(3)(a) and section 4.04 of 1 CCR 301-37; or 3.02(3)(c)(ii) has the equivalent of eighteen (18) semester hours of postsecondary enrollment and six (6) years of military experience that are applicable to a CTE credential. 3.03 Subject to available appropriations, upon determination of qualification, the Department shall provide to the educator preparation program in which the qualified program participant is enrolled financial assistance for the tuition cost of the educator preparation program up to the total amount of the applicant’s award.

The maximum award for each applicant is $7,500. 3.03(1) As a condition of receiving financial assistance, applicants must agree to serve for a minimum of three years in a rural or small rural district or in an educator shortage area, as determined by the State Board of Education. Residency year(s) in an approved alternative preparation program can count towards the years of teaching in a rural or small rural school district or an educator shortage area. 3.03(1)(a) For programs that are more than one year in length, payments may be made to the educator preparation program in multiple installments throughout the duration of the program. For programs lasting more than one year, or for situations requiring payments to be made subsequent to the year of the original award, payment will depend on availability of funds for the fiscal year in which payment is requested. 3.03(1)(b) The Department will issue a grant award letter to the educator preparation program for an amount of up to $7,500. The total amount of payment(s) made will depend on the actual tuition amount of the educator preparation program. The grant payments may not exceed the tuition amount of the program. 3.04 If the qualified program participant does not fulfill the service condition outlined in

Rule 3.03(1), and without documentation of good cause (such as illness, death, spouse military transfer, etc.), the participant shall repay the awarded financial assistance to the Department within 90 days of leaving their employment in a rural school district, small rural school district, or educator shortage area. 3.04(1) Program participants must sign an agreement acknowledging the commitment to teach in a rural school district, small rural district or shortage area for three years as a condition of funding and agreeing to pay back the funds if they do not complete the service obligation. 3.04(2) Program participants must also annually certify their continued employment in a rural school district, small rural district, or shortage area for the entire three-year service period.

4.00 APPLICATIONS

Qualified program participants who wish to receive financial assistance must submit an application to the Department. 4.01 Application timeline 4.01(1) The Department will make the application form available to applicants by Feb. 1, 2022, and annually every year after that. 4.01(2) Applications will be accepted on a rolling basis. 4.01(3) The Department will notify applicants of the decision on their application within 60 days of receipt of the application. 4.02 Application contents 4.02(1) The Department will develop a program application form. Each application, at a minimum, must specify: 4.02(1)(a) Applicant name; 4.02(1)(b) Race; 4.02(1)(c) Gender; 4.02(1)(d) Educator preparation program in which the applicant is currently enrolled; 4.02(1)(e) Military status; 4.02(1)(f) Highest level of education attained; 4.02(1)(g) Applicable employment as a paraprofessional; 4.02(1)(h) Documentation of relevant coursework, military experience, or other professional experience which meets the eligibility criteria for a CTE credential; 4.02(1)(i) Relevant employment documentation: 4.02(1)(i)(i) Current verification of employment as a CTE instructor, alternative teacher, or paraprofessional; or 4.02(1)(i)(ii) Executed intent to hire form; and 4.02(1)(j) Agreement to teach for three years in a rural or small rural school district or shortage area and agreement to provide the Department with annual certification of such employment on a form provided by the Department.

Editor’s Notes

History New rule eff. 12/30/2021.

Entire rule eff. 11/30/2022.

Entire rule eff. 06/01/2026.

1 CCR 301-114 Rules for the Administration of the Healthy School Meals for All Program {#sec-1-ccr-301-114 omnilex-key=us-co-regs-official--department-4--1 CCR 301-114}

Department of Education RULES FOR HEALTHY SCHOOL MEALS FOR ALL PROGRAM 1 CCR 301-114 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

0.0 STATEMENT OF BASIS AND PURPOSE

The statutory basis for these rules is 22-82.9-201, et. seq., C.R.S., which requires the State Board of Education to promulgate rules for implementation of the Healthy School Meals for All Program. The purpose of these rules is to assist public School Food Authorities that participate in the National School Lunch Program or School Breakfast Program in complying with federal and state law.

1.0 DEFINITIONS 1.1 “Community Eligibility Provision” means the Federal program created in 42 U.S.C. sec. 1759a(a)(1)(F) that allows school districts to choose to receive federal assistance payments for school meals in exchange for providing free school meals to all students enrolled in all or selected schools of the school district. 1.2 “Department” means the department of education created and existing pursuant to section 24-1-115, C.R.S. 1.3 “Direct Certification” means a process conducted by the states and by local education agencies to certify eligible students for free meals without the need for free or reduced price school meal applications. 1.4 “Federal Free Reimbursement Rate” means the free reimbursement rate set by the United States Department of Agriculture for meals that qualify for reimbursement under the National School Breakfast Program and the National School Lunch Program. 1.5 “Identified Students” means students certified based on documentation of benefit receipt or categorical eligibility as described in 7 CFR 245.6, as it existed as of the most recent adoption of these rules. 1.6 “Identified Student Percentage” means the percentage of a public school’s or school district’s student enrollment who, pursuant to the National School Lunch Program, are certified as eligible for free meals based on documentation of benefit receipt or categorical eligibility 1.7 “Local Food Program” means the program authorized pursuant to section 22- 82.9-205, C.R.S., that provides School Food Authorities grant funds for the purchase of Colorado grown, raised, or processed products. 1.8 “National School Lunch Program” means the federal school lunch program created in the “Richard B. Russell National School Lunch Act”, 42 U.S.C. sec. 1751 et seq. 1.9 “Participating Provider” means an authorized entity that chooses to participate in the Healthy School Meals for All Program. 1.10 “School Breakfast Program” means the federal school breakfast program created in 42 U.S.C. sec. 1773. 1.11 “School Food Authority” (SFA) has the same meaning as provided in section 22- 32-120(8), C.R.S., the governing body which is responsible for the administration of the National School Lunch or School Breakfast Program of one or more schools. 1.12 “School Meal Applications” means the application to determine school meal eligibility based on reported information including household size and income or participation in approved assistance programs. 1.13 “Supplemental Nutrition Assistance Program” means the federal program that provides nutrition benefits used by low-income individuals and families to purchase food at stores. 1.14 “Valued-added processed products” means products that are altered from their unprocessed or minimally processed state through preservation techniques, including cooking, baking, or canning.

2.0 ANNUAL NOTIFICATION 2.1 Participating SFAs must submit annual notification to the Department to participate in the Healthy School Meals for All Program prior to the beginning of each school year and must indicate whether they intend to implement the Community Eligibility Provision for eligible schools, as described in section 3.0 of these rules. The School Breakfast Program and the National School Lunch Program must be implemented in all community eligible schools, per federal guidelines. 2.2 As part of the annual notification, participating SFAs must attest to serving free meals to all students at participating schools in both community eligible and noncommunity eligible schools.

3.0 MAXIMIZING FEDERAL FUNDING 3.1 To be eligible for Community Eligibility Provision, a public school and/or school district is required to have an Identified Student Percentage that meets the threshold required under the National School Lunch Program. 3.2 An SFA may elect to use the Community Eligibility Provision on behalf of a single school, a group of schools, or all schools based on eligibility. An SFA may, in consultation with the Department, choose to group community eligible schools in order to maximize federal funding. Under this practice, individual schools that meet the identified student threshold required under the National School Lunch Program may participate in community eligibility so long as the aggregate percentage of the group of schools electing together meets the required threshold. 3.3 During the annual notification process, an SFA seeking to participate in the Healthy School Meals for All Program may, as needed, work with the Department to complete analysis of school data to determine operating recommendations for participating sites. 3.4 Schools with higher Identified Student Percentage receive the federal free reimbursement for a greater percentage of their meals, making direct certification an important factor in maximizing federal funding. Participating SFAs must directly certify students during required timeframes, based on federal regulations.

One representative from each participating SFA must complete the Department’s direct certification training annually.

4.0 LOCAL FOOD PROGRAM - ALLOWABLE COSTS 4.1 The majority of Local Food Program grant funding must go toward purchasing Colorado grown, raised, or processed products. Up to 10 percent of money received by a participating provider may cover allowable program related costs that are reasonable and support the Local Food Program's goals. Up to 12 percent of grant funding received may support the implementation of the advisory committee as described in section 22-82.9-205(3)(a), C.R.S. and up to 25 percent of funds can be used to purchase value-added processed products. 4.2 Allowable program related costs include operating and administrative expenses.

Participating providers must track all program expenses. All costs will be reviewed by the Department, as a part of its review under section 22-82.9-205(4), C.R.S. 4.02(a) Operating costs include expenses for acquiring, delivering, preparing, and serving local food products or equipment. Any salary expenses that are identified as operating costs must be limited to tasks that are directly related to the implementation of the Local Food Program, such as washing and preparing local produce. 4.02(b) Administrative costs include documented expenses for planning the program, managing the paperwork, and procuring needed equipment. Any salary expenses that are identified as administrative costs must be limited to tasks directly related to the administration of the Local Food Program, such as compiling and tracking the local food purchases and ordering produce. 4.02(c) If equipment is purchased with Local Food Program funds, written justification must be provided to the Department to support the purchase.

Equipment purchased with Local Food Program funds that will also be used in other school food programs must only be used for school nutrition programs. 4.3 The Department will monitor purchases and expenses on an annual basis to ensure that Local Food Program funds are only used to pay for allowable program costs. Each year, the Department will identify a selected group of participating providers that received a grant in the preceding budget year.

Selected providers must submit to the Department a representative sample of the invoices for the products purchased using the grant money. If a selected participating provider spends more than 15 percent of Local Food Program funding on unallowable products and expenses, the provider is ineligible to receive the grant for the next budget year after the year the Department conducts the review.

5.0 FUNDING FOR WAGES AND STIPENDS AND REQUIRED DOCUMENTATION 5.1 Participating providers are eligible to receive additional funding to increase wages or provide stipends to individuals who directly prepare and serve food for school meals. These individuals include kitchen staff and kitchen managers who, based on their job descriptions, spend at least 70% of their time preparing meal ingredients, cooking, and directly serving meals to students. 5.01(a) A participating provider may receive an amount described in

section 22-82.9-211(3), C.R.S. 5.01(b) The wages or stipends shall be in addition to a participating provider’s employees scheduled salary placement. 5.2 To be eligible for funding, a participating provider must use 100 percent of the amount received under this rule 5.0 to increase wages or provide stipends for individuals whom the participating provider employs to directly prepare and serve food for school meals. This funding can be used to cover the increased benefits costs directly associated with the increase in wages or stipends. In subsequent years, the funding can also be used to maintain wage increases or stipends that were provided pursuant to these rules. 5.02(a) If the amount received is used to increase wages or provide stipends, the wages or stipends shall be in addition to a participating provider’s employees scheduled salary placement. 5.3 As part of the annual grant process, participating providers must provide documentation to the Department on the provider’s planned uses of funding received under this rule 5.0. Appropriate documentation may include, but is not limited to, a written plan for the use of the funds and a link to the provider’s proposed budget, and relevant job descriptions. 5.4 Funding will be provided up front once documentation is received and the participating provider’s plan is approved. Funds will be disbursed by the end of the current calendar year. Participating providers must record all expenditures. If a provider is unable to spend these funds within the current or subsequent fiscal year, they are required to return the funding to the Department.

6.0 RECORD RETENTION 6.1 All records related to expenditures and program operations must be kept in such a way as to substantiate the claim reimbursements of the participating providers and to meet federal U.S. Department of Agriculture requirements. At a minimum, all records pertaining to the federal child nutrition programs and the Healthy School Meals for All Program, including eligibility, claims, financial records and supporting documentation, must be retained for a period of three years after the end of the federal fiscal year (October 1 through September 30) to which they pertain. Record retention must continue if any audit findings from the period during which the records were in use remain outstanding. In any such case, records must be retained until all issues raised by the audit have been fully resolved. Failure to retain required documentation may result in requiring the school(s) to return to standard meal counting and claiming procedures and/or fiscal action.

7.0 INCORPORATION BY REFERENCE 7.1 The foregoing rules incorporate by reference 7 CFR 245.6 as codified as of October 26, 2023, which are federal regulations regarding providing free and reduced price meals and free milk in the National School Lunch Program, the School Breakfast Program, and the Special Milk Program for Children. The foregoing rules do not incorporate by reference any later amendment or editions to these regulations. 7.2 The federal regulations are available at https://www.ecfr.gov/. They are also available for public inspection, upon appointment, during regular business hours from the Colorado Department of Education, 201 E. Colfax Ave., Denver, Colorado 80203.

Editor’s Notes

History New rule eff. 06/14/2023.

Rule 7.1 eff. 12/30/2023.

Entire rule eff. 05/01/2026.

1 CCR 301-115 Rules for the Credit Transfer Process for Justice Engaged Youth in Custody {#sec-1-ccr-301-115 omnilex-key=us-co-regs-official--department-4--1 CCR 301-115}

DEPARTMENT OF EDUCATION

RULES FOR THE VOLUNTARY CREDIT TRANSFER PROCESS FOR JUSTICE ENGAGED YOUTH IN

CUSTODY

1 CCR 301-115 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 STATEMENT OF BASIS AND PURPOSE The statutory basis for these rules is section 22-108-106, et seq., C.R.S., the Supporting Justice-Engaged Students in Education Act. The purpose of these rules is to establish a voluntary process which ensures that, upon their return to the traditional educational environment, justice-engaged youth have access to quality educational programs and receive credit for any work completed while in custody.

2.0 DEFINITIONS 2.1 “Academic Records” means those records, files, documents, and other materials made or maintained by an educational agency or institution which relate to a student’s scholastic performance or achievements, as well as any specialized services they receive. 2.2 “Credit” means any formal merit applied toward graduation or school continuation that a local education provider awards for the satisfactory completion of course requirements within the parameters of the academic calendar. Local education providers determine how credits are defined based on local graduation requirements. 2.3 “Custody” means, but is not limited to, a justice-engaged student’s time spent in a facility operated by the department of human services, facility school, psychiatric facility, or day treatment center. This does not include a student whose placement is solely based on the determination of an IEP team pursuant to the Individuals with Disabilities Education Act. 2.4 “Department” means the department of education created and existing pursuant to section 24-1- 115, C.R.S. 2.5 “Facility” means any facility operated by the Department of Human Services, a facility school as defined by section 22-2-4-2(1), C.R.S., psychiatric facility, or a day treatment center. 2.6 “Justice-engaged student” means a student who is involved in the criminal justice system in any capacity, including, but not limited to, adjudication, probation, ticketing, detention, diversion, commitment, or community supervision. 2.7 “Local education provider” means a school district created pursuant to article 30 of title 22, C.R.S., a board of cooperative services, a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, C.R.S., or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, C.R.S. 2.8 “Traditional Educational Environment” means a school operated by a local education agency or the Charter School Institute that is not a facility or detention center. A traditional educational environment may include alternative education campuses or online schools.

3.0 VOLUNTARY CREDIT TRANSFER PROCESS 3.1 In order to ensure that students transferring into or returning to a Traditional Educational Environment from any facility or other form of state custody can continue their academic progress, local education providers are encouraged, but not required, to adhere to the credit transfer process outlined below. 3.2 Once a local education provider is informed that a student is newly enrolling or returning for enrollment from a facility or other form of state custody, the local education provider will: 3.2 (1) Within 10 business days of contact, both: request academic records from the previous facility, if known and available, from the time the student was in attendance; and request academic records from any previous local education provider, if different from the current local education provider. Disclosures of academic records in response to a request under these rules must be conducted in compliance with all applicable state and federal laws, including the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. Part 99.” 3.3 After receiving academic records or other requested information, the local education provider shall: 3.3 (1) Review all academic records provided by a facility or previous local education provider to identify where they align with the local education provider’s academic courses. 3.3 (2) Identify where credit or partial credit can be awarded for work completed. 3.3 (3) Identify course placements that are based on student academic records, progress, and any previous diagnostic or summative assessments as applicable. 3.3 (4) Identify where coursework can be recognized within courses. 3.3 (5) If applicable, determine whether students need specialized services and what, if any, required services are needed based on a students’ Individualized Education Program (IEP), 504 plan, or Advanced Learning Plan (ALP). 3.4 After a local education provider has reviewed the student’s records and evaluated the items above, the local education providers will: 3.4 (1) Notify a student and family of placement and/or course schedule, and any credits or partial credits awarded and rationale for this. 3.4 (2) Ensure that previous academic records, academic progress, credit and partial credit are incorporated into a student’s Individual Career and Academic Plan (ICAP) including how many credits count towards graduation requirements. 3.4 (3) Share the local education provider’s process for updating a student’s ICAP. 3.4 (4) Share the local education provider’s services and course opportunities that support student’s academic progress and growth.

4.0 SUPPORT PROVIDED BY DEPARTMENT OF EDUCATION 4.1 The department must coordinate with the Division of Youth Services in the Colorado Department of Human Services to develop the guidance required by section 22-108-104, C.R.S. This guidance must incorporate best practices for addressing credit transfer and recognition of work completed. 4.2 The department must publish this guidance on its website for local education providers to use in developing and implementing their credit transfer process. _________________________________________________________________________ Editor’s Notes

History New rule eff. 10/15/2025.

1 CCR 301-116 Rules for the Administration of Postsecondary and Workforce Readiness Start-Up Funding {#sec-1-ccr-301-116 omnilex-key=us-co-regs-official--department-4--1 CCR 301-116}

Department of Education RULES FOR THE ADMINISTRATION OF POSTSECONDARY AND WORKFORCE READINESS START-UP FUNDING 1 CCR 301-116 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] 1.0 Statement of Basis and Purpose These rules are adopted pursuant to the authority in section 22-54-203, C.R.S., as established by SB 25-315. The purpose of these rules is to enhance equity in access to postsecondary and workforce readiness programs by adopting a formula for the allocation of funds to local education providers. To that end, these rules establish a funding formula to determine a local education provider’s start-up funding, the eligibility requirements for local education providers to receive such funding, and the categories of eligible expenses for such funding. 2.0 Definitions 2.1 "Department" means the Department of Education, created in section 24-1-115, C.R.S. 2.2 "Industry-recognized credential" means an industry certification and a nondegree credential, as both are defined in section 23-5-145.8, C.R.S., that satisfy the requirements developed pursuant to section 23-5-145.6(2), C.R.S., and identified in the most recent annual Colorado talent pipeline report prepared pursuant to

section 24-46.3-103(3), C.R.S. 2.3 "Local Education Provider (LEP)" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, or a board of cooperative services created and operating pursuant to article 5 of title 22 that operates one or more public schools. 2.4 "Postsecondary and Workforce Readiness Start-Up Funding" or "start-up funding" means funding pursuant to section 22-54-203, C.R.S. 2.5 "Postsecondary credit attainment" means transferrable college credit(s) that may be attained while a student is in high school, in alignment with the Colorado commission on higher education admissions standards set forth in section 23-1- 113, C.R.S., which may include the successful completion of a concurrent enrollment course as described in sections 22-35-103 and 22-35-104 (5)(b), C.R.S., a sufficient score as determined by the State Board of Education on an end-of-course advanced placement exam, or a sufficient score in an international baccalaureate course. 2.6 "Work-based learning" means demonstrating learning through work or at work, consistent with the work-based learning quality expectations established pursuant to section 8-83-602(5), C.R.S. "Work-based learning" includes the same meaning as set forth in section 8-83-601, C.R.S. 3.0 Start-Up Funding Eligibility Requirements 3.1 General eligibility LEP eligibility for start-up funding will be based on the formula factors identified in

section 4 of these rules as well as a demonstrated need for resources to achieve equity through developing and implementing postsecondary and workforce readiness programs. 3.2 Opt-in and assurances In order to be eligible for potential funding under the formula outlined in section 4 of these rules, an LEP must opt-in to receiving funding and provide an assurance to the Department that it is ready to use start-up funding on eligible expenses identified in

section 5 of these rules. The Department shall develop a method for collecting assurances from LEPs prior to determining final funding amounts and distributing funds.

Interested LEPs shall provide an assurance to the Department within 30 days after receiving notification of funding availability from the Department. 4.0 Start-Up Funding Formula 4.1 Data used to determine start-up funding In order to create consistency across all elements of the start-up funding formula, the Department shall use the most recent set of comprehensive data across all metrics validated by the Department when calculating and distributing start-up funding. 4.2 Start-up funding formula metrics The Department shall use the following metrics for calculations in section 4.3 of these rules. Metrics include an LEP’s: 4.2(1) Postsecondary and workforce readiness program participation rate. This rate is based on student participation and outcomes as calculated by the Department for relevant postsecondary workforce readiness programs and activities such as the Career Development Incentive Program, industry recognized credentials, workbased learning, Accelerating Students through Concurrent Enrollment (ASCENT), Teacher Recruitment Education and Preparation (TREP) program, Pathways in Technology Early College High Schools (P-TECH), Innovative Learning Opportunities Pilot (ILOP) program, and early college. 4.2(2) Percentage of students in grades 9-12 identified in the annual October count as eligible for free and reduced-price lunch (FRL). 4.2(3) Chronic absenteeism rate for students in grades 9-12 as identified in the Department’s annual attendance data collection. 4.2(4) Dropout rate for students in grades 9-12 as identified in the Department’s annual end-of-year data collection, excluding students who are or were enrolled in an alternative school. 4.2(5) Four-year graduation rate calculated by the Department based on data from its annual end-of-year data collection. 4.2(6) National Center for Education Statistics (NECS) locale designation pursuant to

section 22-54-103.5(12)(d), C.R.S. 4.3 Minimum and maximum student counts In addition to the metrics identified in section 4.2 of these rules, the formula for start-up funding includes an LEP’s adjusted funded student count for students in grades 9-12.

The adjusted student count reflects the number of students in an LEP in grades 9-12 identified for funding in the annual October count. The maximum for the adjusted student count shall be 2,000 students, such that any LEP with more than 2,000 students in grades 9-12 as identified for funding in the annual October count shall have an adjusted student count of 2,000. The minimum for the adjusted student count shall be 500 students, such that any LEP with less than 500 students and at least one student in grades 9-12 as identified for funding in the annual October count shall have an adjusted student count of 500. The funded student count means the number of students in grades 9-12 identified for full-time funding only in the annual October count. 4.4 Start-up formula calculations 4.4(1) High, medium, and low threshold determinations Each metric identified in section 4.2 of these rules shall have an associated high, medium, and low threshold for purposes of calculating start-up funding. These thresholds shall be determined annually by the Department. 4.4(2) Points awarded based on threshold determinations LEPs are awarded points for each metric identified in section 4.2 of these rules consistent with the applicable threshold band (high, medium or low) identified in

section 4.4(A) of these rules. Points awarded based on metric and threshold bands are outlined below. 4.4(2)(a) Postsecondary and workforce readiness program participation rate in grades 9-12 4.4(2)(a)(i) Above High threshold: 0.0 points 4.4(2)(a)(ii) High to Medium threshold: 1.0 points 4.4(2)(a)(iii) Medium to Low threshold: 2.0 points 4.4(2)(a)(iv) Less than Low threshold: 4.0 points 4.4(2)(b) Percentage of students in grades 9-12 identified in the annual October count as eligible for free and reduced-price lunch (FRL) 4.4(2)(b)(i) Above High threshold: 2.0 points 4.4(2)(b)(ii) High to Medium threshold: 1.5 points 4.4(2)(b)(iii) Medium to Low threshold: 1.0 points 4.4(2)(b)(iv) Less than Low threshold: 0.0 points 4.4(2)(c) Chronic absenteeism rate for students in grades 9-12 as identified in the Department’s annual attendance data collection 4.4(2)(c)(i) Above High threshold: 2.0 points 4.4(2)(c)(ii) High to Medium threshold: 1.5 points 4.4(2)(c)(iii) Medium to Low threshold: 1.0 points 4.4(2)(c)(iv) Less than Low threshold: 0.0 points 4.4(2)(d) Four-year graduation rate calculated by the Department based on data from its annual end-of-year data collection 4.4(2)(d)(i) Above High threshold: 0.0 points 4.4(2)(d)(ii) High to Medium threshold: 0.5 points 4.4(2)(d)(iii) Medium to Low threshold: 0.75 points 4.4(2)(d)(iv) Less than Low threshold: 1.0 points 4.4(2)(e) Dropout rate for students in grades 9-12 as identified in the Department’s annual end-of-year data collection, excluding students who are or were enrolled in an alternative school. 4.4(2)(e)(i) Above High threshold: 1.0 points 4.4(2)(e)(ii) High to Medium threshold: 0.75 points 4.4(2)(e)(iii) Medium to Low threshold: 0.5 points 4.4(2)(e)(iv) Less than Low threshold: 0.0 points 4.4(2)(f) NCES Locale Classification type and subtype as determined by the National Center for Education Statistics in the Institute of Education Sciences of the United States Department of Education. 4.4(2)(f)(i) Rural: Remote: 2.0 points 4.4(2)(f)(ii) Rural: Distant: 1.75 points 4.4(2)(f)(iii) Rural: Fringe: 1.5 points 4.4(2)(f)(iv) Town: Remote: 1.25 points 4.4(2)(f)(v) Town: Distant: 1.0 points 4.4(2)(f)(vi) Town: Fringe: 0.75 points 4.4(2)(f)(vii) Suburban: Small: 0.0 points 4.4(2)(f)(viii) Suburban: Midsize: 0.0 points 4.4(2)(f)(ix) Suburban: Large: 0.0 points 4.4(2)(f)(x) City: Small: 0.0 points 4.4(2)(f)(xi) City: Midsize: 0.0 points 4.4(2)(f)(xii) City: Large: 0.0 points 4.4(3) Allocation calculation 4.4(3)(a) In order to calculate an LEPs allocation of start-up funding, the Department shall sum the LEP’s points for each metric as determined in

section 4.4(2) of these rules. 4.4(3)(a)(i) If the sum of those points is greater than or equal to the point threshold as determined by the department, then the Department shall calculate Start-Up funding as follows: 4.4(3)(a)(i)(A) The Department shall sum the LEP’s points for each metric as determined in section 4.4(2) of these rules and multiply the total points by the LEPs adjusted student count as determined under section 4.3 of these rules. 4.4(3)(a)(i)(B) The Department shall calculate the summation of all remaining eligible LEPs total point allocations multiplied by all eligible remaining LEPs grades 9-12 adjusted student count. 4.4(3)(a)(i)(C) The Department shall then divide the amount calculated under section 4.4(3)(a)(i)(A) of these rules by the amount calculated under section 4.4(3)(a)(i)(B) of these rules. 4.4(3)(a)(i)(D) The Department shall then multiply the amount calculated under section 4.4(3)(a)(i)(C) of these rules by the amount available annually for Start-Up funding. 4.4(3)(a)(ii) If the sum of the points calculated for an LEP under section 4.4(3)(a) of these rules is less than point threshold identified by the Department, then an LEP is not eligible for Start-Up funding for the current fiscal year. 5.0 Start-Up Funding Eligible Expenses LEPs shall use start-up funding for expenses that are associated with developing and implementing a postsecondary and workforce readiness program that fits into one or more of the categories identified in section 5.1 of these rules, aligns with the state’s workforce demands or priorities, and supports students in successfully earning postsecondary credit or industry-recognized credentials, or successfully completing work-based learning requirements. 5.1 Categories of eligible expenses The following are considered categories of eligible expenses for start-up funding: 5.1(1) Program planning and design. Eligible expenses in this category may include, but are not necessarily limited to, paying school staff for additional time to write curriculum and develop new Career and Technical Education programs. 5.1(2) Course materials, technology, and equipment. Eligible expenses in this category may include, but are not necessarily limited to curriculum, books, software and software subscriptions, machines, supplies, industry-aligned tools and equipment, equipment upkeep and repair, industry certification fees, and Advanced Placement and International Baccalaureate exam fees. 5.1(3) Professional development, certification, authorization, or licensure. Eligible expenses in this category may include, but are not necessarily limited to, initial or professional Career and Technical Education authorization and endorsement; staff tuition reimbursement; costs associated with creating and implementing staff training related to quality in-demand non-degree credentials, earned postsecondary credits, or high-quality work-based learning opportunities. 5.1(4) Contracting with an entity or hiring school staff to support the development and implementation of a postsecondary workforce readiness program. Eligible expenses in this category may include, but are not necessarily limited to, school and district staff salaries to develop partnerships and write curriculum; contracting with BOCES, multi-district collaboratives and intermediary partners to analyze local workforce needs and develop partnerships; contracting for technical assistance to help design and establish postsecondary workforce readiness programs. 5.1(5) Individual career and academic plan resources and supports, as described in

section 22-2-136, C.R.S., including academic and career advising and exploration. Eligible expenses in this category may include, but are not necessarily limited to, student support staff salaries, such as school counselors, and online platforms to manage individual career and academic plan processes. 5.1(6) Costs associated with concurrent enrollment. Eligible expenses in this category may include, but are not necessarily limited to, covering expenses for teachers to become qualified concurrent enrollment instructors, student fees, transportation costs, stipends for concurrent enrollment teachers. However, student tuition for concurrent enrollment is not an eligible expense. 5.1(7) Costs associated with work-based learning. Eligible expenses in this category may include, but are not necessarily limited to, student stipends, apprentice wages, background check fees for employees working with students, costs associated with labor market analysis, and insurance costs. 5.1(8) Transportation costs. Eligible expenses in this category may include, but are not necessarily limited to, district-owned transportation, public transportation and transportation alternatives such as rideshares. 5.1(9) Outreach, awareness and marketing costs to help students, families and businesses learn about available postsecondary workforce readiness opportunities. Eligible expenses in this category may include, but are not necessarily limited to, graphic design, advertising fees and printing fees. 6.0 Economies of scale LEPs are encouraged to collaborate with each other, as well as board of cooperative services (BOCES) to maximize economies of scale and expand student access to a postsecondary and workforce readiness program.

Editor’s Notes

History Entire rule eff. 05/01/2026.

1 CCR 301-117 Rules for the Administration of Postsecondary and Workforce Readiness Sustain Funding {#sec-1-ccr-301-117 omnilex-key=us-co-regs-official--department-4--1 CCR 301-117}

Department of Education RULES FOR THE ADMINISTRATION OF POSTSECONDARY AND WORKFORCE READINESS SUSTAIN FUNDING 1 CCR 301-117 [Editor’s Notes follow the text of the rules at the end of this CCR Document] 1.0 Statement and Basis of Purpose These rules are adopted pursuant to the authority in section 22-54-205, C.R.S., as established by SB 25-315. The purpose of these rules is to increase the number of students participating in postsecondary and workforce readiness programs by providing funds to local education providers based on their student outcomes in the areas of postsecondary credit attainment, industry-recognized credentials, and work-based learning. To that end, these rules establish the amount of funding assigned to these different outcome areas and the process for receiving funding and verifying postsecondary workforce readiness outcomes. 2.0 Definitions 2.0 “Department” means the Department of Education, created in section 24-1-115, C.R.S. 2.1 “Highly mobile students” means children or youth who at any time during the academic year were homeless, as defined in section 22-1-102.5, C.R.S.; were in noncertified kinship care, as defined in section 19-1-103, C.R.S.; were students in out-of-home placement, as defined in section 22-32-138, C.R.S.; or were migrant children, as defined in section 22-23-103, C.R.S. 2.2 “Industry-recognized credential” means an industry certification or a nondegree credential, as both are defined in section 23-5-145.8, C.R.S., that satisfy the requirements developed pursuant to section 23-5-145.6(2), C.R.S., and identified in the most recent annual Colorado talent pipeline report prepared pursuant to

section 24-46.3-103(3), C.R.S. 2.3 “Local Education Provider (LEP)” means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, or a board of cooperative services created and operating pursuant to article 5 of title 22 that operates one or more public schools. 2.4 “Postsecondary And Workforce Readiness Sustain Funding” or “Sustain Funding” means funding pursuant to section 22-54-205, C.R.S. 2.5 “Postsecondary Credit Attainment” means transferrable college credit(s) that may be attained while a student is in high school, in alignment with the Colorado Commission On Higher Education Admissions Standards set forth in section 23- 1- 113, C.R.S., which may include the successful completion of a Concurrent Enrollment course as described in sections 22-35-103(6) and 22-35-104(5)(b), C.R.S., a sufficient score on an end-of-course Advanced Placement exam, or a sufficient score in an International Baccalaureate course as outlined in section 4.1 of these rules. 2.6 “Work-Based Learning” means demonstrating learning through work or at work, consistent with the work-based learning quality expectations established pursuant to section 8-83-602(5), C.R.S. “Work-Based Learning” includes the same meaning as set forth in section 8-83-601(15), C.R.S. 3.0 Sustain Funding Eligibility Requirements 3.1 Student-Level Criteria LEPs are eligible to receive Sustain Funding based on student outcomes if the students for whom Sustain Funding is requested meet the following criteria: 3.1(1) The student has successfully satisfied the requirements in rule 4.0 for attaining postsecondary credit, attaining an industry-recognized credential, or participating in a work-based learning opportunity. 3.1(2) The student is enrolled in the LEP when the outcome is achieved. 3.1(3) The student is enrolled in grades 9 and up. 3.1(4) The student may be enrolled in a Pathways in Technology Early College High School (P-TECH). 3.1(5) The student may be participating in the Teacher Recruitment Education and Preparation (TREP) program. 3.1(6) The student may be receiving transition services pursuant to the Exceptional Children’s Education Act and its implementing regulations. 3.1(7) The student is identified for full-time funding only in the annual Student October Count data collection in the same budget year the outcome is achieved. 3.1(8) Outcomes earned by students that are summer graduates will be counted for the Sustain Fund in the following budget year. 4.0 Outcomes Eligible for Postsecondary and Workforce Readiness Sustain Funding Reimbursement for outcomes under the Postsecondary and Workforce Readiness Sustain Funding must fall in one of the three categories below (postsecondary credit attainment, industry-recognized credentials, work-based learning) and meet the following requirements identified in the relevant category. 4.1 Postsecondary Credit Attainment Requirements 4.1(1) An LEP may receive funding for students who have successfully earned 12 postsecondary credits. Postsecondary credit must be one of the following: 4.1(1)(a) Transferrable college credit earned at an institution of higher education as defined by 23-18-102(10)(a), C.R.S.; local district college, as defined in section 23-71-102, C.R.S.; or area technical college, as defined in section 23-60-103, C.R.S., and meets the following: 4.1(1)(a)(i) Transferrable college credit that aligns with the Colorado Commission On Higher Education Admissions Standards set forth in section 23-1-113, C.R.S.; or 4.1(1)(a)(ii) Transferrable college credit earned through concurrent enrollment as described in sections 22-35-103(6), C.R.S. and 22- 35-104(5)(b), C.R.S. that: 4.1(1)(a)(ii)(A) Applies toward completion of developmental courses; 4.1(1)(a)(ii)(B) Applies toward earning a certificate or degree through an approved postsecondary career and technical education program; 4.1(1)(a)(ii)(C) Is approved by the Department of Higher Education for transfer from a two-year institution to a fouryear institution in satisfaction of prerequisite courses for a specific major; 4.1(1)(a)(ii)(D) Is approved for statewide transfer pursuant to

section 23-1-125, C.R.S.; or 4.1(1)(a)(ii)(E) Is approved as part of a statewide degree transfer agreement pursuant to section 23-1-108(7)(a), C.R.S. 4.1(1)(b) Transferrable college credit earned through a Pathways in Technology Early College High School program pursuant to sections 22- 35.3-101, et seq., C.R.S. 4.1(1)(c) Earning the minimum score or higher on an end-of-course Advanced Placement (AP) exam as listed on the Colorado Department of Higher Education's statewide transfer credit online platform set forth in

section 23-1-125.5, C.R.S. Guaranteed Transfer Pathways shall qualify for the awarding of three credit hours of postsecondary credit attainment, unless the student has earned a minimum score or higher on a GT-SC1 AP Exam, which may qualify for the awarding of four credit hours of postsecondary credit attainment. Minimum scores and credit equivalencies are established by the Colorado Department of Higher Education pursuant to section 23-1-125.5(4)(d), C.R.S. 4.1(1)(c)(i) In the case of AP science exams, if there is a verified laboratory experience that is discipline-specific to the AP exam or advanced high school course taken, then at least four credit hours shall apply to the GT-SC1 category. or 4.1(1)(d) Earning the minimum score or higher on an end-of-course International Baccalaureate (IB) exam as listed on the Colorado Department of Higher Education's statewide transfer credit online platform set forth in section 23-1-125.5, C.R.S. Guaranteed Transfer Pathways shall qualify for the awarding of three credit hours of postsecondary credit attainment, unless the student has earned a minimum score or higher on a GT-SC1 IB Exam, which may qualify for the awarding of four credit hours of postsecondary credit attainment. Minimum scores and credit equivalencies are established by the Colorado Department of Higher Education pursuant to section 23-1-125.5(4)(e), C.R.S. 4.1(2) The Department will identify students who may have completed qualifying postsecondary credits with data from the Colorado Department of Higher Education, College Board, and International Baccalaureate. 4.1(2)(a) The Department will establish a method by which an LEP can view this postsecondary credit data. 4.2 Industry-Recognized Credential Requirements 4.2(1) In order to receive funding for students earning industry-recognized credentials, the credential must meet the following criteria: 4.2(1)(a) The credential is included on the List of Qualified Credentials (LoQC) published in the Annual Colorado Talent Pipeline Report prepared pursuant to section 24-46.3-103(3), C.R.S. 4.2(1)(b) Industry-recognized credentials not currently listed on the LoQC will require LEPs to request industry-recognized credential(s) to be eligible for Sustain Funding with the Department and the Colorado Workforce Development Council. This process will include the LEP submitting data demonstrating the industry-recognized credential aligns with local industry and economic demand and meets or exceeds the Quality and In-demand Non-degree Credentials rubric developed pursuant to section 23-5- 145.6(2), C.R.S. The Department and the Colorado Workforce Development Council will review the submitted information to determine if the credential will be added to the list in the following program year. 4.2(2) For students earning industry-recognized credentials, the LEP shall retain an electronic copy of each credential or certificate or other supporting documentation from the issuing authority. The supporting documentation must include, at a minimum, the student’s name, the name of the credential, and the date the credential was issued. 4.3 Work-based Learning Requirements 4.3(1) An LEP may receive funding for a student’s successful completion of 60 cumulative hours, in a single academic year (July 1 - June 30), of work-based learning experiences in the following categories: 4.3(1)(a) Clinical Experience 4.3(1)(a)(i) One of the more critical experiences for healthcare science students is exposure to patients in a clinical setting. This type of experience will allow you to ensure that you enjoy working with patients and that you are well suited for a career in medicine. 4.3(1)(b) Internship 4.3(1)(b)(i) An opportunity in real world environments for exposure to the requirements of a particular occupation or industry, the work environment and the behavioral expectations for success on the job. Such work experiences are not expected to provide formal training for occupational skills, although some skills may be learned. 4.3(1)(c) Pre-Apprenticeship 4.3(1)(c)(i) Services and programs, often including classroom instruction, designed to prepare individuals to enter and succeed in Registered Apprenticeship programs operating under article 15.7 of title 8, C.R.S. These programs should have a documented partnership with at least one Registered Apprenticeship program sponsor and together, they expand the participant's career pathway opportunities with industry-based training coupled with classroom instruction. 4.3(1)(d) Industry-sponsored Project 4.3(1)(d)(i) The objective of an industry-sponsored project is to create a unique, high-quality educational opportunity for participants, where the educational content will enhance educational objectives of the program and class to which it is assigned. 4.3(1)(e) School-Based Enterprise 4.3(1)(e)(i) A school-based enterprise is a simulated or actual business conducted within a school. It is designed to replicate a specific business or segment of an industry and assist students in acquiring work experience related to their chosen career cluster. The management and leadership of the business enterprise should be provided by student positions identified in the business 4.3(1)(f) Supervised Entrepreneurship Experience 4.3(1)(f)(i) An entrepreneurial student business is student-developed and -led, usually with a school staff or community mentor. Outside sources may provide facilities, inputs, resources, and equipment in the business operation, which develops skills and competencies necessary to succeed in business. 4.3(1)(g) Registered Apprenticeship 4.3(1)(g)(i) Registered Apprenticeship under article 15.7 of title 8, C.R.S., is an industry-driven, high-quality career pathway where employers can develop and prepare their future workforce, and individuals can obtain paid work experience, receive progressive wage increases, classroom instruction, and a portable, nationallyrecognized credential. Registered Apprenticeships are industryvetted and approved and validated by the U.S. Department of Labor or a State Apprenticeship Agency as shown by the U.S.

Department of Labor Apprenticeship Number. 4.3(1)(h) On-the-Job Training 4.3(1)(h)(i) Training in the public or private sector that is given to a paid employee while he or she is engaged in productive work and provides knowledge and skills essential to the full and adequate performance on the job. 4.3(2) An LEP shall retain documentation of all necessary criteria identified in section 4.3 of these rules to show that a student satisfied the minimum Work-Based Learning requirements for funding. 5.0 Postsecondary and Workforce Readiness Sustain Funding Calculations 5.1 Percentages of the total amount of Sustain Funding for each category 5.1(1) For the 2026-27 budget year, the Department shall divide the total amount of Sustain Funding into the following categories: 5.1(1)(a) Twenty percent of the total amount of Sustain Funding for postsecondary credit attainment; 5.1(1)(b) Forty percent of the total amount of Sustain Funding for industryrecognized credentials earned; 5.1(1)(c) Thirty-five percent of the total amount of Sustain Funding for workbased learning; and 5.1(1)(d) Five percent of the total amount of Sustain Funding allocated to the Department to offset the direct and indirect costs incurred in administering the Sustain Funding. 5.1(1)(e) If money that is allocated to a category is not expended because of insufficient demand, the Department may reallocate the money to another category to satisfy that category's demand. 5.1(2) Beginning in the 2027-28 budget year, the State Board shall annually review, and adjust as necessary, the percentages of the total amount of Sustain Funding assigned to the postsecondary credit attainment, industry-recognized credentials, and work-based learning categories, except that five percent of the total amount of Sustain Funding shall be reserved to offset the direct and indirect costs incurred in administering the Sustain Funding. In determining the percentages, the State Board shall consider: 5.1(2)(a) The availability of postsecondary and workforce readiness opportunities offered by LEPs; 5.1(2)(b) Student participation in postsecondary and workforce readiness opportunities; 5.1(2)(c) Evidence of student outcomes in postsecondary and workforce readiness opportunities; 5.1(2)(d) Student matriculation into postsecondary education and training; 5.1(2)(e) If money that is allocated to a category is not expended because of insufficient demand, the Department may reallocate the money to another category to satisfy that category's demand. 5.2 Funding amounts 5.2(1) The Department shall distribute funding to LEPs for outcomes for eligible students that meet the requirements under section 4.0 of these rules. The state board shall annually review and set funding levels for each of the three outcome categories: 5.2(1)(a) Post-secondary credit attainment funding levels 5.2(1)(b) Industry-recognized credentials funding levels 5.2(1)(c) Work-based learning funding levels 5.2(2) LEPs that are identified as the following National Center for Education Statistics (NECS) locale classification types and subtypes pursuant to section 22-54- 103.5(12)(d), C.R.S. pursuant to section 22-7-1211(4), C.R.S., will receive an additional 10 percent weight for student outcomes earned: 5.2(2)(a) Rural: Remote, 5.2(2)(b) Rural: Distant, 5.2(2)(c) Rural: Fringe, 5.2(2)(d) Town: Remote, 5.2(2)(e) Town: Distant, and 5.2(2)(f) Town: Fringe. 5.2(3) Outcomes earned by students identified as free and reduced-price lunch (FRL) in the annual Student October Count data collection will receive an additional 10 percent weight. 5.2(4) Outcomes earned by students identified as special education in the annual 5.2(5) Outcomes earned by students identified as multilingual learners in the annual 5.2(6) Outcomes earned by students identified as highly mobile students in the annual 5.2(7) No one LEP may receive a distribution of more than 10 percent of the total funding available in each of the three outcome categories in a single budget year. 5.2(7)(a) For purposes of this 10 percent funding limit, a school district's calculation shall exclude any district-authorized charter school that is recognized as a separate LEP under these rules. 5.2(8) LEPs are encouraged to cover the costs associated with students earning outcomes in the three outcome categories. 5.2(9) The per-student outcome funding amount in each category is determined by taking the total number of students achieving that outcome in the preceding budget year, applying the weights listed above in this section, and dividing the total amount of funding available in the category. 5.2(10) Regardless of actual costs, an LEP’s total Sustain Fund distribution shall not exceed the amount calculated for that LEP under section five of these rules. 5.3 Funding for Students Satisfying Multiple Outcomes 5.3(1) Postsecondary credits 5.3(1)(a) An LEP is only eligible to receive funding for a student who earns postsecondary credits across multiple budget years once that student has successfully earned at least twelve credits that qualify under section 4.1 of these rules. The Sustain Funding distribution for that student shall occur in the budget year following the budget year in which the twelfth qualifying postsecondary credit was earned. 5.3(1)(b) An LEP may receive only one Sustain Fund distribution per student for each budget year. An LEP may receive an additional Sustain Fund distribution for the same student in subsequent budget years if that student earns twelve additional credits beyond the twelve for which the LEP has already received a distribution. 5.3(2) Industry-recognized credentials and work-based learning 5.3(2)(a) In a single budget year, an LEP may receive one funding distribution in the industry-recognized credentials funding category for each student that has earned an industry-recognized credential that meets the requirements in section 4.2 of these rules. 5.3(2)(b) In a single budget year, an LEP may receive one funding distribution in the work-based learning funding category for each student that has successfully completed the work-based learning requirements in

section 4.3 of these rules. 5.3(3) In a single budget year, an LEP may receive multiple funding distributions for a single student if that student has achieved outcomes in multiple outcome categories based on the requirements in section 4.0 of these rules. 5.4 Funding for Students Enrolled in Multiple LEPs For students who are enrolled in more than one LEP during a given budget year, outcomes for such students shall be counted and funded as follows: 5.4(1) For postsecondary credit, the LEP that facilitated the student earning the twelfth credit shall receive the Sustain funding. 5.4(2) For industry-recognized credential outcomes, the LEP that submitted the outcome for funding and it is confirmed that the student is enrolled in that LEP at the time the credential is issued shall receive funding. 5.4(3) For work-based learning outcomes, the LEP that submitted the outcome for funding and it is confirmed that the student is enrolled in that LEP at the time of completion of the work-based learning outcome shall receive funding. 5.4(4) The Department will establish a process to determine which LEP receives funding if more than one LEP reports the same single student outcome in a given budget year. 5.5 Funding to Charter Schools 5.5(1) A charter school authorizer must include in its data submission all eligible student outcomes earned by eligible students enrolled in all of the charter school LEPs they authorize. 5.5(2) A school district that authorizes a charter school shall forward to the district charter school an amount equal to one hundred percent of the Sustain Funding amount that the school district receives for a student who is enrolled in the district charter school and who meets the requirements for outcomes as identified in 5.5(3) The state charter school institute shall forward to an institute charter school an amount equal to one hundred percent of the Sustain Funding amount that the state charter school institute receives for a student who is enrolled in the institute charter school and who meets the requirements for outcomes as identified in 5.5(4) The Department shall provide charter school authorizers with the information necessary to identify the amount of funding that must be distributed to each charter school. 6.0 Eligible Expenses 6.1 Eligible Expense Categories An LEP shall use Postsecondary and Workforce Readiness Sustain Funding for expenses that are associated with maintaining and expanding its postsecondary and workforce readiness program that aligns with the state's workforce demands or priorities. The following are considered categories of eligible expenses for Sustain Funding: 6.1(1) Program planning and design. Eligible expenses in this category may include, but are not necessarily limited to, paying school staff for additional time to write curriculum and develop new Career and Technical Education programs. 6.1(2) Course materials, technology, and equipment. Eligible expenses in this category may include, but are not necessarily limited to curriculum, books, software and software subscriptions, machines, supplies, industry-aligned tools and equipment, equipment upkeep and repair, industry certification fees, and Advanced Placement and International Baccalaureate exam fees. 6.1(3) Professional development, certification, authorization, or licensure. Eligible expenses in this category may include, but are not necessarily limited to, initial or professional Career and Technical Education authorization and endorsement; staff tuition reimbursement; costs associated with creating and implementing staff training related to quality in-demand non-degree credentials, earned postsecondary credits, or high-quality work-based learning opportunities. 6.1(4) Contracting with an entity or hiring school staff to support the development and implementation of a postsecondary and workforce readiness program. Eligible expenses in this category may include, but are not necessarily limited to, school and district staff salaries to develop partnerships and write curriculum; contracting with BOCES, multi-district collaboratives and intermediary partners to analyze local workforce needs and develop partnerships; contracting for technical assistance to help design and establish postsecondary workforce readiness programs. 6.1(5) Individual career and academic plan resources and supports, as described in

section 22-2-136, C.R.S., including academic and career advising and exploration. Eligible expenses in this category may include, but are not necessarily limited to, student support staff salaries, such as school counselors, and online platforms to manage individual career and academic plan processes. 6.1(6) Costs associated with concurrent enrollment and P-TECH. Eligible expenses in this category may include, but are not necessarily limited to, covering expenses for teachers to become qualified concurrent enrollment and P-TECH teachers, student fees, transportation costs, and stipends for concurrent enrollment and P- TECH teachers. However, student tuition for concurrent enrollment is not an eligible expense. 6.1(7) Wages for employed apprentices participating in Registered Apprenticeships. 6.1(8) Costs associated with work-based learning. Eligible expenses in this category may include, but are not necessarily limited to, student stipends, background check fees for employees working with students, costs associated with labor market analysis, and insurance costs. 6.1(9) Transportation costs. Eligible expenses in this category may include, but are not necessarily limited to, district-owned transportation, public transportation and transportation alternatives such as rideshares. 6.1(10) Outreach, awareness and marketing costs to help students, families and businesses learn about available postsecondary workforce readiness opportunities. Eligible expenses in this category may include, but are not necessarily limited to, graphic design, advertising fees and printing fees. 6.2 Economies of scale LEPs are encouraged to collaborate with each other, as well as board of cooperative services (BOCES) to maximize economies of scale and expand student access to a postsecondary and workforce readiness program. 7.0 Department Monitoring and Support of Local Education Providers LEPs must follow the requirements outlined in the Department’s Sustain Fund Eligibility and Compliance Guidebook for Sustain Funding. If an LEP has received payment of funds greater than the amount to which the LEP is entitled, the LEP shall be responsible for repayment to the Department. Department staff will manage the monitoring process and provide simultaneous support to LEPs to improve future Sustain funding eligibility and compliance. 7.1 Student Eligibility Monitoring 7.1(1) The Department is authorized to verify the eligibly of students submitted for Sustain Funding. 7.1(1)(a) The Department may verify student eligibility by reviewing data reported to the Department and any supporting documentation that an LEP must retain for each funding category. 7.1(1)(b) The Department may recover funds paid to an LEP based on ineligible students, including by withholding future Sustain funding payments to that LEP. 7.2 Student Outcomes Monitoring 7.2(1) The Department is authorized to verify the student outcomes submitted for Sustain Funding. 7.2(1)(a) The Department may verify student outcomes for eligibility by reviewing supporting documentation that an LEP must retain as outlined in 7.2(1)(b) The Department may recover funds paid to an LEP based on student outcomes for which the LEP has failed to maintain the necessary supporting documentation, including by withholding future Sustain funding payments to that LEP. 7.3 Expenses Monitoring 7.3(1) The Department is authorized to verify that LEPs are properly expending funds in compliance with section 6.1 of these rules. 7.3(1)(a) The Department may verify expenditure eligibility by reviewing supporting documentation that an LEP must retain for expenses. 7.3(1)(b) The Department may recover funds paid to an LEP that were used for ineligible expenses or for which the LEP has failed to maintain the necessary supporting documentation, including by withholding future Sustain funding payments to that LEP.

Editor’s Notes

History New rule eff. 07/16/2026.

302 Colorado State Charter School Institute

1 CCR 302-1 Rules for the Administration of the State Charter School Institute {#sec-1-ccr-302-1 omnilex-key=us-co-regs-official--department-4--1 CCR 302-1}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE STATE CHARTER SCHOOL INSTITUTE

1 CCR 302-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Statutory Authority: Article IX, Section 1, Colorado Constitution. Sections 22-30.5-503(1)(c), 505(4)(k),505(5), and 510(1)(b) and (c), CRS.

Rule 1.00 Statement of basis and purpose.

The statutory basis for these Rules adopted October 16, 2012, is found in Sections 22-30.5- 503(1)(c),505(4)(k), 505(5), and 510(1)(b) and (c), CRS.

1. Section 22-30.5-505, et. seq., CRS., requires the Institute Board to promulgate Rules for the administration of Part 5, Article 30.5, Title 22, CRS. The purposes of these Rules include, but are not limited to, establishing regulations to:

a) set forth procedures for acceptance of Institute Charter School applications.

b) identify the criteria and process for evaluating Institute Charter School applications.

c) set forth the criteria for approving Institute Charter Schools.

d) provide procedures for entering into, renewing, terminating and revoking Institute Charter School contracts.

e) specify procedures for monitoring and overseeing Institute Charter Schools.

f) state procedures concerning Institute Charter School accountability.

g) provide procedures for adoption of content standards by Institute Charter Schools pursuant to Section 22-30.5-505(8), CRS.

h) provide for procedures for entering into contracts with a Board of Cooperative Services or with any other qualified individual or private or public entity pursuant to Section 22-30.5- 505(6)(a), CRS.

Rule 2.00 Definitions.

1. At-risk student. "At-risk student" means a student:

a) who is eligible to receive free or reduced-cost lunch pursuant to the provisions of the federal "national school lunch act", 42 USC. Sec. 1751, et seq.; or b) who has performed at the proficiency level of "unsatisfactory" or "Partially Proficient" on a Statewide assessment.

2. Board of Cooperative Services. "Board of Cooperative Services" means a Board of Cooperative Services as defined in Section 22-5-103(2), CRS.

3. Charter School Institute. "Charter School Institute" means the Charter School Institute created and existing pursuant to Section 22-30.5-501, et seq., CRS.

4. Charter School Contract. "Charter School Contract" means the contract between an Institute Charter School and the Charter School Institute.

5. Education Management Provider. "Education Management Provider" means a nonprofit, not-forprofit, or for-profit entity that contracts with an Institute Charter School to provide, manage, or oversee all or substantially all of the Educational services provided by the Institute Charter 6) Existing school. "Existing school" means a school or program within a school that is already in existence, including, but not limited to, a Charter School operating under a contract pursuant to

Part 1 of Article 30.5 of Title 22, CRS., with a local Board of Education; an existing non-charter public school, an existing non-public school, or a discrete program that is a Part of one of the forgoing schools.

7. Institute Charter School. "Institute Charter School" means a public, nonsectarian, nonreligious, non-home-based school that operates pursuant to a Charter School contract with the Charter School Institute.

8. Institute Board. "Institute Board" means the Board of the Charter School Institute appointed pursuant to Section 22-30.5-505, CRS.

9. Department. "Department" means the Colorado Department of Education created and existing pursuant to Section 24-1-115, CRS.

10. School district. "School district" means a school district organized and existing under the laws of Colorado, except a junior college district pursuant to Section 22-30.5-502(10), CRS; except that, for purposes of Section 22-30.5-513, CRS, "school district" shall have the meaning set forth in

Section 22-30.5-513(1)(a), CRS.

11. State Board. "State Board" means the Colorado State Board of Education created and existing pursuant to Section 1 of Article IX of the Colorado State constitution.

Rule 3.00 Institute Charter School application procedures.

1. Deadline. An Institute Charter School application shall be submitted to the Institute Board by a date determined by the Institute annually and reasonably publicized to interested Parties.

a) The deadline for filing an application may be extended in the discretion of the Institute upon written request by the applicant.

b) Prior to any change in the application deadline, the Charter School Institute shall notify each known Institute Charter School applicant of the proposed change by certified letter.

2. An application may be submitted by one or more individuals (e.g., a Partnership); by a non-profit, governmental, or other entity or organization; or by an existing school.

3. An application for an Institute Charter School may not be submitted if the school district within which the Institute Charter School is to be located has retained exclusive authority to authorize Charter Schools pursuant to Part 5, Article 30.5, Title 22, CRS, unless the Board of Education of such school district has approved, by resolution, the establishment of one or more Institute Charter Schools within its geographic boundaries, has submitted the resolution to the State Board, and has not rescinded the resolution.

4. Applications from an existing school.

a) Timeline: existing schools wishing to convert to the Charter School Institute must submit an application in the year before the desired conversion according to a timeline that the Institute will promulgate annually with sufficient notice to any interested schools.

b) If the existing school is a Charter School approved by a school district:

i) the existing school must have consent from its authorizing school district if it is seeking to convert to the Charter School Institute before the end of its current charter contract unless it is in the last year of the current charter contract.

ii) the existing school does not need to be non-renewed by its authorizing school district to apply to the Charter School Institute.

iii) the existing school may submit a renewal application to the current school district at the same time it submits an application to the Charter School Institute.

iv) the existing school is not required to seek consent if its authorizing district does not have exclusive authorization.

5. An application may be withdrawn at any time by filing a written request for withdrawal signed by the applicant(s) or authorized representatives of the applicant(s). The withdrawal shall be effective on the date the notice of withdrawal is received by the Institute.

6. On or before the date the application is submitted to the Institute Board, the applicant shall provide proof that it has given written notice of the application and provided a complete copy of the application to the Board of Education and the Accountability Committee of the school district in which the proposed Institute Charter School is to be located. If the application is supplemented or amended (including responses to questions raised at any interview of the applicant), on or before the date the amendment or supplement is submitted to the Institute Board, the applicant shall provide proof that a complete copy of the amendment or supplement has been provided to the Board of Education and the Accountability Committee of the School District in which the proposed Institute Charter School is to be located. The Board of Education and the Accountability Committee may each comment on the application to the Institute Board, in writing, within 30 days of receiving notice of the application or of any supplement or amendment.

7. Applications for an Institute Charter School shall be in both electronic form and hard copy and in a format published by the Institute.

Rule 4.00 Institute Charter School application contents.

1. The Institute Charter School application is a proposed agreement upon which the Institute charter applicant and the Institute negotiate a charter contract. At a minimum, each Institute Charter School application includes:

a) an executive summary that outlines the elements of the application and provides an overview of the proposed Institute Charter School;

b) the vision and mission statements of the proposed Institute Charter School;

c) the goals, objectives, and student performance standards the proposed Institute Charter School expects to achieve, including but not limited to the performance indicators specified in CRS Section 22-11-204 and applicable standards and goals specified in federal law;

d) evidence that an adequate number of parents and pupils support the formation of an Institute Charter School;

e) descriptions of the proposed Institute Charter School's Educational program, student performance standards, and curriculum;

(f) a plan for evaluating student performance across the curriculum, which plan aligns with the proposed Institute Charter School's mission and educational objectives and provides a description of the proposed Institute Charter School's measurable annual targets for the measures used to determine the levels of attainment of the performance indicators specified in CRS Section 22-11-204 and procedures for taking corrective action if student performance at the school falls below the described targets;

g) evidence that the plan for the proposed Institute Charter School is economically sound, including a proposed budget for a term of at least five years. The Institute charter application shall also describe the method for obtaining an independent annual audit of the proposed Institute Charter School's financial Statements consistent with generally accepted auditing standards and Circular A-133 of the United States Office of Management and Budget, as originally published in the Federal Register of June 30, 1997, and as subsequently amended.

h) a description of the governance and operation of the proposed Institute Charter School, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the proposed Institute Charter School, that is consistent with the standards adopted by Rule of the State Board pursuant to CRS

Section 22-2-106 (1) (h);

i) an explanation of the relationship that will exist between the proposed Institute Charter School and its employees and the proposed Institute Charter School's employment policies;

j) a proposal regarding the Parties' respective legal liabilities and applicable insurance coverage, which insurance coverage shall include, at a minimum, workers' compensation, liability insurance, and insurance for the proposed Institute Charter School's facility and its contents;

k) the proposed Institute Charter School's expectations and plans for ongoing parent and community involvement;

l) a description of the proposed Institute Charter School's enrollment policy, consistent with the requirements of CRS Section 22-30.5-507 (3) and Rules adopted by the State Board pursuant to CRS Section 22-2-106 (1) (h), and the criteria for enrollment decisions;

m) a statement of whether the proposed Institute Charter School plans to address the transportation or food service needs of its students while they are attending the school.

The proposed Institute Charter School may choose not to provide transportation or food services, may choose to develop or form a Charter School Collaborative as described in CRS Section 22-30.5-603 to provide transportation or food services, or may choose to negotiate with a school district, Board of Cooperative Services, or private Provider to provide transportation or food services for its students. If the proposed Institute Charter School chooses to provide transportation or food services, the application shall include a plan for each provided service, which plan, at a minimum, shall specifically address serving the needs of low-income and academically low-achieving students, complying with insurance and liability issues, and complying with any applicable State or federal rules or regulations.

n) a facilities plan that details viable facilities options that are consistent with CRS Section 22- 32-124 and that includes the reasonable costs of the facility, which are reflected in the proposed budget;

o) a list of the waivers of statute and state rules that the proposed Institute Charter School is requesting, which list explains the rationale for each requested non-automatic waiver and the manner in which the proposed Institute Charter School plans to meet the intent of the waived statute or rule pursuant to CRS Section 22-30.5-509(1)(o);

p) policies regarding student discipline, expulsion, and suspension that are consistent with the intent and purpose of CRS Section 22-33-106, provide adequately for the safety of students and staff, and provide a level of due process for students that, at a minimum, complies with the requirements of the federal "Individuals with Disabilities Education Act", 20 USC Sec. 1400 et seq.;

q) a plan for serving students with special needs, including budget and staff requirements, which plan shall include identifying and meeting the learning needs of at-risk students, students with disabilities, gifted and talented students, and English language learners;

r) a dispute resolution process, as provided in CRS Section 22-30.5-107.5; and s) if the proposed Institute Charter School intends to contract with an Education Management Provider:

i) a summary of the performance data for all of the schools the Education Management Provider is managing at the time of the application or has managed previously, including documentation of academic achievement and school management success;

ii) an explanation of and evidence demonstrating the Education Management Provider's capacity for successful expansion while maintaining quality in the schools it is managing;

iii) an explanation of any existing or potential conflicts of interest between the governing Board of the proposed Institute Charter School and the Education Management Provider; and iv) a copy of the actual or proposed performance contract between the governing Board for the proposed Institute Charter School and the Education Management Provider that specifies, at a minimum, the following material terms:

a) performance evaluation measures;

b) the methods of contract oversight and enforcement that the governing Board will apply;

(c) the compensation structure and all fees that the proposed Institute Charter School will pay to the Education Management Provider; and d) the conditions for contract renewal and termination.

2. If the applicant is an existing school, the application shall contain the information described under

Section 1 above in addition to the following information:

a) If the existing school is a Charter School, identify each pre-existing obligation of the school to the school district that authorized the Charter School. For all existing schools, identify any contractual obligations to or relationships with other Parties and provide a detailed plan for addressing each such pre-existing obligation or relationship in the context of a conversion to the Institute. The applicant shall acknowledge that the Institute Board’s approval of the application shall not relieve the applicant of these pre-existing obligations or relationships.

b) An organization chart or other summary showing staffing of the existing school, by year, for the past three years.

c) Audited financial statements for the past three years.

d) A discussion of the pupil performance standards used at the existing school, a summary of the assessment methods used to measure pupils’ performance, and copies of any performance reports issued by the District for the last three years.

e) A description of the existing school’s educational program in each of the last three years.

f) Other planning, performance, and evaluation reports and information to the extent they are available, as determined by the Institute.

Rule 5.00 Institute Charter School application review process and criteria.

1. It is the intent of the Institute Board that all Institute Charter School applications address how the proposed school will be among the highest-performing schools in academic achievement.

2. An application is considered filed when the Institute receives the Institute charter application from the Institute charter applicant either in hard copy or electronically.

3. Within fifteen days after receiving an Institute Charter School application, the Institute shall determine whether the application contains the minimum components specified in Section 22- 30.5-509 (1) and is therefore complete. If the application is not complete, the Institute shall notify the applicant within the fifteen-day period and provide a list of the information required to complete the Institute charter application. The applicant has fifteen days after the date it receives the notice to provide the required information to the Institute for review. The Institute is not required to take action on the Institute charter application if the applicant does not provide the required information within the fifteen-day period. The Institute may request additional information during the review period and provide reasonable time for the applicant to respond. The Institute may, but is not required to, accept any additional information the applicant provides that the Institute does not request.

4. The Institute’s review of applications shall include, but is not limited to, the following key evaluative areas:

a) The number of at-risk students that the applicant school anticipates serving, both as an absolute number and as a percentage of the entire student body expected to enroll at the applicant school;

b) Curriculum and instructional program;

c) Non-academic program characteristics;

d) Financial viability;

e) Appropriate governance model and proposed practices;

f) Appropriate, consistent, clear, and measurable accountability systems;

g) The extent to which the instructional program fits the mission statement of the applicant school;

h) Whether the applicant school will provide an Educational option that substantially differs from the Educational opportunities provided by existing schools of the school district that have capacity to accommodate additional students;

i) The applicant school’s plan for outreach and recruitment of students whose race, gender and ethnicity reflect the demographics of the community that the applicant school intends to serve; and j) The applicant school’s plan for identifying and reducing the academic achievement gaps among its student population.

5. Once the Institute has completed an initial review of the Institute Charter School application, the Institute may ask for supplemental information, including but not limited to, interviews with the applicant school’s leadership, founding Board members, administrators, teachers, and representatives of companies partnering or assisting in the development of the applicant school.

The Institute will focus on approving only those Charter School applications that have a high likelihood of success, especially in regard to academics and financial operations.

6. The Institute Board shall rule by resolution on an application for authorization of an Institute Charter School, either new or existing, in a public hearing, following reasonable public notice, within ninety (90) days of receipt of a complete application, unless the Institute and the applicant school mutually agree in writing to a longer period of time. Before making its decision, the Institute Board shall give the applicant and members of the public reasonable opportunity to be heard.

7. If the application is denied, the Institute Board shall advise the applicant, in writing, of the reason(s) for the denial. Within thirty (30) days of the date of the denial, the applicant may submit to the State Board a notice of appeal stating the grounds for the appeal.

8. If the application is approved or approved with conditions, the Institute Board shall advise the applicant in writing.

9. After the Institute Board has approved an application, the applicant shall progress through a checklist of criteria or milestones that must be met before opening the Institute Charter School.

The timeline for completing the checklist shall be mutually agreed between the Institute and the applicant school. Completion of the checklist, however, is required before the Institute Charter School may begin serving students.

10. The Institute Board and the school applicant may jointly waive any of the deadlines in this Rule 5 by mutual agreement in writing.

Rule 6.00 Institute Charter School contract 1) If a proposed Institute Charter School is approved by the Institute Board, the applicant school and the Institute Board shall negotiate a Charter School contract. The Institute Board and the Institute Charter School shall conclude negotiations and agree upon all terms of the Charter School contract within forty-five (45) days of the date the Institute Board approves the Institute Charter 2) The approved Institute Charter School application shall serve as the basis of the contract between the Institute Charter School and the Charter School Institute.

3. The Institute may approve a new charter contract for an Institute Charter School for a period of four academic years, and the Institute may renew the charter contract for succeeding periods not to exceed five academic years.

4. Any material change to the terms of the Charter School contract may be made only with the written approval of the Institute Board and the governing body of the Institute Charter School.

5. The terms of the Charter School contract must include, but are not limited to:

a) A statement of each state law or rule or Institute Board policy for which a waiver is requested from the State Board or the Institute Board.

b) An agreement as to the services, other than necessary administration, oversight, and management services, to be provided to the Institute Charter School by any third party with which the Institute Charter School or the Charter School Institute contracts, including, for each such service:

i) the nature of the service.

ii) the anticipated vendor of the service.

iii) the cost of the service.

c) The minimum enrollment of the Institute Charter School for financial viability.

d) The finances required for contracted services for the Institute Charter School, including the source and application of funds.

Rule 7.00 Institute Charter School Oversight and Monitoring.

1. The Charter School Institute will accredit each individual Institute Charter School based on the Charter School Institute’s accreditation contract with the State Board.

2. During the term of a charter contract, the Institute shall annually review the Institute Charter School's performance. At a minimum, the review includes the Institute Charter School's progress in meeting the objectives identified in the plan the Institute Charter School is required to implement pursuant to Section 22-11-210 and the results of the Institute Charter School's most recent annual financial audit. The Institute shall provide to the Institute Charter School written feedback from the review and shall include the results of the Institute Charter School's annual review in the body of evidence that the Institute Board takes into account in deciding whether to renew or revoke the charter contract and that supports the renegotiation of the charter contract.

3. The Institute shall adopt and revise as necessary procedures and timelines for the charterrenewal process, which procedures and timelines are in conformance with the requirements of

Part 5 of Article 22, Section 30.5, CRS. The Institute shall ensure that each of the Institute Charter Schools receives a copy of the Institute’s charter renewal procedures and timelines and any revisions to the procedures and timelines.

Rule 8.00 Accountability Reporting.

1. Each Institute Charter School shall be responsible for gathering and submitting to the Charter School Institute the data necessary to prepare a school performance report required by Section 22- 11-503, CRS, for the Institute Charter School. The data shall be in the format required by

Section 22-11-503, CRS, and, whenever possible, using the State data reporting system described in Section 22-11-501, CRS, and other data as required by the Charter School Institute and the Colorado Department of Education. This data shall be submitted to the Institute in accordance with a timeline established by the Institute.

Rule 9.00 Institute Charter School Content Standards.

1. Each Institute Charter School shall adopt content standards which meet or exceed the preschool through elementary and postsecondary education standards adopted pursuant to Section 22-7- 1005, CRS, as amended.

2. Content standards may be adopted for each grade level or may be adopted for groupings of grade levels.

3. In adopting content standards, each Institute Charter School may seek input from educators, parents, students, business persons, and members of the general community who are representative of the cultural diversity at the Institute Charter School. In any event, however, the Institute Charter School’s standards shall align with content standards adopted by the Colorado department of Education.

4. Following adoption of content standards pursuant to this Section, each Institute Charter School shall develop a plan for:

a) Revising curriculum and programs of instruction to align them with adopted content standards and to ensure that each student will have the Educational experiences needed to achieve the adopted content standards.

b) Selecting or developing and administering assessments that will adequately measure each student's progress toward and achievement of the adopted content standards for the subject areas that are not tested by the State pursuant to Section 22-7-1006.3, CRS, including specification of an acceptable performance level. Such performance level shall be reexamined not less than yearly.

c) Addressing the different learning styles and needs of students of various backgrounds and abilities and eliminating barriers to equity which may exist within the Institute Charter d) Providing professional educator development in standards-based Education.

5. The plan adopted by the Institute Charter School pursuant to this Section shall specifically address the education of exceptional students. In addition, such plan shall adopt timelines for the implementation of standards-based education pursuant to CRS 22-7-1001, et seq., as amended.

6. Following adoption of content standards pursuant to this Section, each Institute Charter School shall review and revise such content standards as necessary, but at least in 2017 and every 6 years thereafter to promote the highest student achievement pursuant to Section 22-7-1013(5), CRS. In revising such content standards, each Institute Charter School shall seek recommendations from and shall work in cooperation with educators, parents, students, business persons, and members of the general community who are representative of the cultural diversity of the Institute Charter School.

7. Any individual education program which is developed for a student with disabilities pursuant to CRS 22-20-108(4), et seq. shall specify whether such student shall achieve the Institute Charter School’s adopted standards or whether such student shall achieve individualized standards which would indicate the student has met the requirements of such student's Individual Education Program.

Rule 10.00 Revocation of the Charter School contract.

1. The Institute may revoke a charter school contract pursuant to C.R.S. § 22-30.5-511 and this

Rule 10.00.

2. Grounds for Revocation: The Institute Board (“Board”) may revoke a Charter School Contract (“Contract”) if the Board determines that an Institute Charter School (“School”) did any of the following:

a) Committed a material violation of any of the conditions, standards, or procedures set forth in the Contract;

b) Failed to meet or make adequate progress toward achievement of the content standards, pupil performance standards, or targets for the measures used to determine the levels of attainment of the performance indicators identified in the Contract;

c) Was required to adopt a turnaround plan and the State Board recommended pursuant to C.R.S. § 22-11-210 that the School be restructured;

d) Failed to meet generally accepted standards of fiscal management; or e) Violated any provision of law from which the School was not specifically exempted.

f) If a School is required to implement a turnaround plan pursuant to C.R.S. § 22-11-210 (2) for a second consecutive school year, the School shall present to the Board, in addition to the turnaround plan, a summary of the changes made by the School to improve its performance, the progress made in implementing the changes, and evidence, as requested by the Board, that the School is making sufficient improvement to attain a higher accreditation category within two school years or sooner. If the Board finds that the School's evidence of improvement is not sufficient or if the School is required to implement a turnaround plan for a third consecutive school year, the Board may revoke the School's Contract.

3. Notice of Intent to Revoke a) The Charter School Institute Executive Director (“Executive Director”), upon reasonable belief that grounds for revocation of the Contract exist, shall notify by certified mail or electronic equivalent the governing body of the School by issuing a Notice of Intent to Revoke.

i. The Notice of Intent to Revoke shall set forth the grounds for the proposed revocation.

b) Within thirty (30) days of receipt of the Notice of Intent to Revoke, the governing body of the School shall respond in writing.

i. If the School admits the accuracy of the grounds of revocation, the response must contain a description of the School’s plan and timeline for correcting the deficiencies (“Plan of Correction”).

ii. If the School denies the accuracy of the grounds of revocation, the response shall include sufficient evidence to support its position.

iii. If the School does not respond by the deadline, the accuracy of the grounds of revocation shall be deemed admitted.

c) In addition to responding in writing, School representatives may also choose to meet with the Executive Director or his/her designee.

i. This meeting must also occur within thirty (30) days of receipt of the Notice of Intent to Revoke.

ii. This meeting may occur in person, by phone, by video or any other means mutually agreed upon between the School and the Institute.

d) Within fourteen (14) days of receipt of the School’s written response, the Executive Director shall decide whether to withdraw the Notice of Intent to Revoke or proceed with a revocation hearing.

e) The Executive Director may withdraw the Notice of Intent to Revoke if he/she determines:

i) The School’s Plan of Correction is reasonable and likely to correct the identified deficiencies within an acceptable amount of time;

ii) The School’s response addressed the perceived deficiencies in the Notice of Intent to Revoke in a satisfactory manner; or iii) There is any other good reason to do so.

4. Revocation Hearing a) The Executive Director shall initiate a revocation hearing before the Board if he/she determines that, after proceeding through the Notice of Intent to Revoke process, grounds for revocation of the Contract exist.

b) The Executive Director shall send a notice of the revocation hearing to the Board and i. The notice of revocation hearing shall state the grounds for revocation as well as a written recommendation, including reasons supporting the recommendation, concerning whether to revoke the Contract. See C.R.S. § 22-30.5-511(5)(a)

(stating requirement of written recommendation).

ii. The notice shall also state when and where the hearing shall occur.

c) Within thirty (30) days of receipt of a notice of revocation hearing, the Board shall convene a revocation hearing.

d) Within fourteen (14) days of receipt of the notice of revocation hearing, the School shall provide a written position statement to the Board and Executive Director.

i. The School’s position statement should respond as fully as possible to the grounds for revocation and recommendation identified in the notice of revocation hearing.

ii. The School should include with its position statement exhibits, affidavits, and any other evidence it wants the Board to consider.

e) Within fourteen (14) days of receipt of the School’s position statement, the Executive Director may provide to the Board and the School a written reply, which may include documentation to support its reply.

i. The reply may not raise new grounds for revocation.

f) At the revocation hearing, the Executive Director or his/her designee and the School or its designee shall each have thirty minutes to make their presentation to the Board, during which time Board members may question the parties.

g) After the parties’ presentations, Board members may discuss among themselves whether to revoke the Contract. This discussion shall take place in open session and in compliance with the Open Meetings Law.

h) The Board shall decide whether to revoke the Contract by resolution, and a copy of the resolution shall be provided to the School’s governing Board, the Executive Director, and the State Board.

i. The resolution shall state the Board’s reasons for the revocation.

ii. The resolution shall also state the effective date of the revocation, recognizing that the State Board may review the Board’s decision to revoke.

5. Any decision to revoke a Contract may be reviewed by the State Board pursuant to C.R.S. § 22- 30.5-511(6).

a) If the School wishes to appeal the revocation, it shall provide the Board and the State Board with a notice of appeal within thirty (30) days after the Board’s decision to revoke.

6. Notwithstanding any other provision of a Contract, monies remaining in the School’s accounts upon revocation of the Contract revert to the Institute, unless there are specific instructions from a donor for disposing of a gift. See C.R.S. § 22-30.5-513.5(9)(b)(6)(b).

7. Notwithstanding the above procedures for revocation, if the Executive Director determines that emergency action to revoke a School contract is necessary to protect the safety of students or to preserve the school’s funds and/or property, the Board may convene a revocation hearing.

a) An emergency revocation hearing shall be commenced at least 15 days after written notice to the School by the Executive Director of the circumstances justifying emergency revocation.

b) The procedure at the hearing shall be as provided in Rule 10.6 above, except that each side shall provide its written position Statement to the other Party no later than 24 hours before the hearing.

Rule 11.00 Termination of the Charter School Contract by Institute Charter School.

1. The Institute Charter School governing body, by a majority vote, may, at any time and for any reason, request termination of the Charter School contract as follows:

a) The Institute Charter School’s request for termination shall be made to the Charter School Institute Executive Director not less than ten (10) calendar months in advance of the Institute Charter School’s proposed effective date of termination.

b) Upon receipt of the Institute Charter School’s request for termination, the Charter School Institute Executive Director shall present the request for termination to the Institute Board. a copy of the Institute Charter School’s resolution approving the contract termination, including a summary of the reasons for terminating the contract, shall be included with the Institute Charter School’s request for termination.

c) At the Institute Board’s next regularly scheduled meeting, the Board will consider and vote on the proposed termination request. The Institute Board may, in its sole direction, waive the ten (10) month advance notice requirement for terminating the contract.

d) The Institute shall adopt procedures for closing an Institute Charter School following revocation or nonrenewal of the Institute Charter School's charter contract.at a minimum, the procedures shall ensure that:

(a) when practicable and in the best interest of the students of the Institute Charter School, the Institute Charter School continues to operate through the end of the school year. if the Institute determines it is necessary to close the Institute Charter School prior to the end of the school year, the Institute shall work with the Institute Charter School to determine an earlier closure date.

(b) the Institute works with the parents of the students who are enrolled in the Institute Charter School when the charter contract is revoked or not renewed to ensure that the students are enrolled in schools that meet their Educational needs; and (c) the Institute Charter School meets its financial, legal, and reporting obligations during the period that the Institute Charter School is concluding operations.

Rule 12.00 Renewal of the Charter School Contract.

1. The governing body of an Institute Charter School shall submit a renewal application in the year before the Charter School contract expires, according to a timeline that the Institute will promulgate annually with sufficient notice to schools. The application shall include but not be limited to the following information:

a) A complete, detailed report on the progress of the Institute Charter School in implementing the plans and in achieving the goals, objectives, student performance standards, content standards and other objectives set forth in its application.

b) If the Institute Charter School is requesting a term longer than five years for the purpose of enhancing the terms of any lease or financial obligation, it shall identify each such lease and/or obligation and state the enhancement to be obtained through the longer term.

2. The Institute Board shall act on the application for renewal within seventy-five (75) days of the receipt of the completed renewal application, unless extended by mutual consent in writing.

3. A Charter School contract shall not be renewed for more than five years unless the Institute Board and the Institute Charter School jointly agree to extend the charter for a longer period for the purpose of enhancing the terms of any lease or financial obligation.

4. The Institute Board shall hold a hearing on the renewal application, after reasonable notice, at which the applicant and the public shall be given reasonable notice to be heard. The Institute Board shall Rule by resolution on the application within seventy-five (75) days of receipt of the completed renewal application.

5. The grounds for non-renewal are the same as the grounds for revocation set forth in Rule 10.1 above. In addition, the Institute Board may deny renewal on the grounds that it is not in the best interests of the pupils attending the Institute Charter School to continue operation of the Institute Charter School.

6. At least fifteen days prior to the date on which the Institute Board will consider whether to revoke or renew a charter contract, the Institute shall provide to the Institute Board and the Institute Charter School a written recommendation, including the reasons supporting the recommendation, concerning whether to revoke or renew the charter contract.

7. If the Institute Board denies the application for renewal, the governing body of the Institute Charter School may appeal the decision to the State Board by giving both the State Board and the Institute Board a notice of appeal within thirty (30) days of the date of the decision of the Institute Board not to renew the Charter School contract.

8. The Institute shall adopt procedures for closing an Institute Charter School following revocation or nonrenewal of the Institute Charter School’s charter contract. At a minimum, the procedures shall ensure that:

a) When practicable and in the best interest of the students of the Institute Charter School, the Institute Charter School continues to operate through the end of the school year. If the Institute determines it is necessary to close the Institute Charter School prior to the end of the school year, the institute shall work with the Institute Charter School to determine an earlier closure date.

b) The Institute works with the parents of the students who are enrolled in the Institute charter School when the charter contract is revoked or not renewed to ensure that the students are enrolled in schools that meet their educational needs; and c) The Institute Charter School meets its financial, legal, and reporting obligations during the period that the Institute Charter School is concluding operations.

Rule 13.00 Institute Contracts with a Board of Cooperative Services or Otherwise Qualified Individual or Private or Public Entity.

1. The Institute Board may contract with a Board of cooperative services, or with any other qualified individual or public or private entity or organization, including a school district, for the provision of administrative or other support services directly to the Institute or for the benefit of Institute Charter Schools.

2. Contracts pursuant to this Section shall be in accordance with Colorado laws, Rules, and policies, including, but not limited to, the Colorado fiscal Rules (1 CCR 101-1) and the Colorado procurement Rules (1 CCR 101-9).

3. The qualifications of Boards of cooperative services, individuals, or private or public entities shall be determined by the Institute Board during the selection process for the particular contract at issue.

4. Each contract entered shall have appropriate liquidated damages and/or penalties for failing to comply with the terms and conditions of the contract. _________________________________________________________________________ Editor’s Notes

History

Rule 3 emer. rule eff. 07/09/2007.

Rule 3 eff. 09/30/2007.

Entire emer. rule eff. 07/19/2011; expired eff. 11/16/2011.

Entire rule eff. 12/31/2011.

Rules 1-7, 9-12 eff. 03/15/2013.

Rule 10.00 eff. 01/31/2015.

Rule 10.00.6)-7)a) eff. 11/30/2015.

Rules 2.00 3),6),10), 4.00 1),1)o),2), 8.00 1), 9.00 1),4)b),5),6), 10.00 6) eff. 03/01/2016.

1 CCR 302-2 Rules for the Administration of the Healthy Beverages Policy {#sec-1-ccr-302-2 omnilex-key=us-co-regs-official--department-4--1 CCR 302-2}

DEPARTMENT OF EDUCATION

Colorado Charter School Institute 1 CCR 302-2 RULES FOR THE ADMINISTRATION OF THE HEALTHY BEVERAGES POLICY [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose The statutory basis for these rules is found in sections § 22-30.5-505, and § 22-30.5-517, Colorado Revised Statutes.

Pursuant to these statutes, the Charter School Institute board shall promulgate rules to achieve the following purposes, including but not limited to:

(a) Describing beverages that school districts and schools may permit to be sold to students;

(b) Each beverage described shall satisfy minimum nutritional standards for beverages, which standards are science-based and established by a national organization; and (c) Describing specific events occurring outside of the regular and extended school day. 2.0 Definitions 2.01 “Institute charter school” means a school that received a majority of its funding from moneys raised by a general state, county, or district tax and whose property is owned and operated by a political subdivision of the state. 2.02 "State Board" means the State Board of Education created pursuant to Section 1 of Article IX of the State Constitution. 2.03 "Extended School Day" means the regular hours of operation for any public school including institute charter schools, plus any time spent by students after the regular hours of operation for any purpose, including but not limited to participation in extracurricular activities or childcare programs. 3.0 Establishing of Healthy Beverage Standards for Schools 3.01 Beginning July 1, 2009, beverages sold to students on school grounds during the regular and extended school day shall, at a minimum, meet the following nutritional standards. 3.01.1 Beverages sold in elementary school (a) Bottled water (b) Up to 8 ounce servings of fat free or low fat milk. Milk includes nutritionally equivalent milk alternatives (per USDA)

(c) Up to 8 ounce servings of fat free or low fat nutritionally equivalent flavored milk up to 150 calories / 8 ounces (d) Up to 8 ounce servings of 100% juice, with no added sweeteners and up to 120 3.01.2 Beverages sold in middle school (a) Bottled water (b) Up to 10 ounce servings of fat free or low fat milk. Milk includes nutritionally equivalent milk alternatives (per USDA)

(c) Up to 10 ounce servings of fat free or low fat nutritionally equivalent flavored milk up to 150 calories / 8 ounces (d) Up to 10 ounce servings of 100% juice, with no added sweeteners and up to 120 3.01.3 Beverages sold in high school (a) Bottled water (b) No or low calorie beverages with up to 10 calories / 8 ounces, except diet soda may not be sold in high school (e.g., unsweetened or diet teas, low calorie sport drinks, fitness waters, flavored waters, seltzers)

(c) Up to 12 ounce servings of fat free or low fat milk. Milk includes nutritionally equivalent milk alternatives (per USDA)

(d) Up to 12 ounce servings of fat free or low fat nutritionally equivalent flavored milk up to 150 calories / 8 ounces (e) Up to 12 ounce servings of 100% juice, with no added sweeteners and up to 120 (f) Other drinks, up to 12 ounce servings with no more than 66 calories / 8 ounces (g) At least 50% of non-milk beverages must be water and no or low calorie options 3.02 If the middle and high school students have shared access to areas on a common campus or in common buildings, then the school community has the option to adopt the high school standard. 3.03 The sale of beverages to students from any source includes but is not limited to: school cafeterias, vending machines, school stores, and fund-raising activities conducted on school campuses. 3.04 The provisions of these beverage standards shall apply to beverage contracts entered into or renewed by a school district on or after July 1, 2009. 3.05 To the greatest extent possible beverage products should be Colorado produced products. 4.0 Events occurring outside of the regular and extended school day 4.01.1 The extended school day includes but is not limited to, before and after school activities such as clubs, year book, band, student government, drama, and childcare/latchkey programs. 4.01.2 School-Related Events where parents and other adults are a significant part of an audience are exempt from these rules. Such activities include but are not limited to selling beverages as boosters at events such as interscholastic sporting events, school plays, and band concerts. 5.0 Implementation Procedures 5.01 On or before July 1, 2009, the state charter school institute shall adopt and implement a policy for the sale of beverages that at a minimum meet the standards set forth in these rules. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/01/2010.

1 CCR 302-3 Rules for the Administration of the Institute Charter School Assistance Fund {#sec-1-ccr-302-3 omnilex-key=us-co-regs-official--department-4--1 CCR 302-3}

DEPARTMENT OF EDUCATION

Colorado Charter School Institute RULES FOR THE ADMINISTRATION OF THE INSTITUTE CHARTER SCHOOL ASSISTANCE FUND 1 CCR 302-3 [Editor's Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis and Purpose.

The statutory basis for these rules is found in § 24-4-101, § 22-30.5-505, § 22-30.5-506, § 22-30.5-513, and § § 22-30.5-515.5, et. seq. C.R.S.

Pursuant to these statutes, the Charter School Institute board promulgates these rules to achieve the following purposes, including but not limited to:

(a) Describing the procedures and requirements for which Institute Charter Schools are eligible for a Loan or Grant under this Program;

(b) Establish the priority for when, how and to whom the Grants or Loans will be awarded;

(b) Describe the procedure and forms required to apply for a Grant or Loan under this Program; and (c) Describe the source of funds for this Program and manner of disbursement. 2.0 Definitions. 2.01 "BEST Program" means the Building Excellent Schools Today Act established in § 22-43.7-101, 2.02 "Board" means the Charter School Institute governing board created pursuant to § 22-30.5-505, 2.03 "CECFA" means the Colorado Educational and Cultural Facilities Authority created pursuant to

Article 15 of Title 23, C.R.S. 2.03 "Institute" means the Charter School Institute created pursuant to § 22-30.5-503, C.R.S. 2.04 "Institute Charter School" means a school that is authorized by the Charter School Institute Board and is operating pursuant to § 22-30.5-507, C.R.S. 2.05 "CDE" means the Colorado Department of Education created and existing pursuant to § 24-1-115, C.R.S., and as further defined in § 22-2-103(1)(a) and (b), C.R.S.. 2.06 "Program" means the Institute Charter School Assistance Fund Program created by § 22-30.5- 515.5, C.R.S. 2.07 "Grant" shall mean financial assistance to an Institute Charter School, authorized and made by the Board pursuant to an application filed in accordance with the Program and these rules that does not have to be repaid by the Institute Charter School. 2.08 "Loan" shall mean financial assistance to an Institute Charter School, authorized and made by the Board pursuant to an application filed in accordance with the Program and these rules that must be repaid by the Institute Charter School 2.08 "Fund" shall mean the "fund" established in § 22-30.5-515.5, C.R.S. 2.09 "Reasonable funding emergency," for purposes of these rules and CRS 22-30.5-515.5(5), is defined as:

1. An unanticipated event or situation concerning the school's facility which poses a significant risk of affecting the health or safety of students and for which other funds are not available;

2. An unanticipated situation arising outside the normal IEP process which requires emergency funding to meet the special education needs of one or more students;

3. Any other event or situation which, in the discretion of the Institute board, merits emergency funding. 3.0 Establishment of Loan Grant Program and Application Requirements 3.01 Types of Assistance. Beginning July 1, 2009, Institute Charter Schools will be eligible for consideration and awarding of a Grant or Loan under this Program. Institute Charter Schools seeking a Grant or Loan shall submit to the Institute an application in accordance with the timelines and procedures set forth below. Institute Charter Schools may apply for any of four different types of Grants or Loans, as set forth below. 3.01.1 Matching Moneys for the BEST Program.

An Institute Charter School seeking a Grant or Loan to use matching moneys to obtain financial assistance for capital construction through the BEST Program must file an application with the Institute detailing, at a minimum:

(i) Evidence that the Institute Charter School meets the definition of a "Charter School" in §22-43.7-103(7), C.R.S.

(i) A copy of the application that the Institute Charter School has submitted or is preparing to submit to the BEST Program Board pursuant to § 22-43.7-109, (ii) An estimate of the amount of matching moneys as defined in §22-43.7-103(11), C.R.S. that the BEST Program Board will require, if known;and (iii) Information concerning any other sources of funding available to the Institute Charter School. 3.01.2 Financing Repayment of Moneys under CECFA or Other Loan An Institute Charter School seeking a Grant or Loan to use in repaying bonds or notes issued on behalf of the Institute Charter School by CECFA must file an application with the Institute detailing, at a minimum:

(i) Copies of the documents that the Institute Charter School has submitted or will submit to CECFA or other lender to request issuance of the bonds or notes.

(ii) The amount of bonds or notes issued or to be issued and the total amount the Institute Charter School is required to repay. (iii) Information concerning any other sources of funding available to the Institute Charter School. 3.01.3 Other Capital Construction Costs.

An Institute Charter School seeking a Grant or Loan to assist in meeting other capital construction costs must file an application with the Institute detailing, at a minimum:

(i) A description of the Institute Charter School's capital construction needs.

(ii) A description of the capital construction project the Institute Charter School has undertaken or will undertake to meet its needs including the estimated costs to complete the project.

(iii) Information concerning any other sources of funding available to the Institute Charter School. 3.01.4 Emergency Grants.

An Institute Charter School seeking a Grant or Loan to address a reasonable funding emergency must file an application with the Institute detailing, at a minimum:

(i) A description of the Institute Charter School's emergency and how it qualifies as a reasonable funding emergency under these rules and policies adopted by the Institute Board;

If applicable, a description of the special education services required by the individualized education progam for the student at issue;

(ii) A description of when the funding is needed. 3.02 Criteria for Awarding Loans or Grants The Institute staff shall review each application received pursuant to Section 3.01 above and shall recommend to the Board those Institute Charter Schools that should receive moneys pursuant to this Program, including whether the moneys should be awarded in the form of Grants or Loans, and the amounts of the Grants or Loans. In making its recommendations, the Institute staff shall apply the criteria listed below:

(a) Levels of economic need.

(b) The viability of the capital construction project or seriousness of the funding emergency.

(c) The merit of the capital construction project or the specific circumstances of the funding emergency.

(d) Funding priorities for Loans or Grants are at the discretion of the Board. 3.03 Limitations and Conditions Regarding Awards of Loans or Grants.

(a) The institute board may adopt a formula to annually adjust the percentage limit on the assistance fund balance specified in paragraph (a) of Subsection (4) of CRS 22-30.5- 506, as well as the total amount limit on the assistance fund balance specified in paragraph (c) of subsection 1 of CRS 22-30.5-515.5, by multiplying the total pupil enrollment for institute charter schools in the preceding budget year by a per-pupil dollar amount set annually by the institute board in collaboration with a council of Institute charter schools.

(b) The Institute will generally not make more than one Loan and/or Grant to any one Institute Charter School at any time. No loan term will be longer than the building lease or length of the financing, subject to annual appropriations. No Institute Charter School will be allocated more than 20 percent of the Fund balance, as calculated at the beginning of the fiscal year, whether through Grants or Loans or a combination thereof.

(c) The assistance fund will maintain such maximum balances as are required by statutory law or policy of the CSI Board of Directors, as determined in association with the Institute Council of Schools. The Institute will strive to ensure a reasonable minimum fund balance after the award cycle to ensure sufficient funds for other emergencies before the end of any given fiscal year. 4.00 Procedures and Process for Reviewing and Approving Applications. 4.01 Submission Deadline.

Applications for non-emergency Loans or Grants will be accepted during February of each year..

Every attempt will be made to present recommendations regarding applications to the Board no later than forty five (45) days following a completed application.

Emergency applications may be submitted at any time and will be acted upon by the Board within 30 days following receipt provided the application is complete. 4.02 Approval Process and Timeline. The applications received by the Institute staff will be reviewed for completeness and establishment of priority. Once complete, applications will be reviewed and either approved or denied by the Board, every attempt will be made to present recommendations regarding applications to the Board no later than forty five (45) days following a completed application, subject however to the limitations set forth below.

(a) Grants and Loans will be awarded on an annual basis.

(b) The Board shall consider the Institute staff's recommendations, and shall award Grants and Loans to assist Institute Charter Schools based on the criteria established in Section 3.02 and the level of economic need demonstrated by the applicant and the viability and merit of the capital construction project proposed in the application or, for special education services funding emergencies, the seriousness of the special education services required by the Individualized Education Program for the student at issue..

(c) Loans shall be interest free, and shall be subject to other terms and repayment schedules approved by the Board.

(d) The Board shall not pay a Grant or a Loan awarded for use as matching moneys to obtain financial assistance for the BEST Program until the recipient Institute Charter School provides proof that the BEST Board has selected it to receive financial assistance, or alternatively such award by the Board may be contingent upon, and shall not be disbursed until receipt of the same.

(e) The Board shall not pay a Grant or a Loan awarded for use as matching moneys to obtain financial assistance for a CECFA bond or other Loan until the recipient Institute Charter School provides proof that CECFA or another lender has finally approved issuance of the bonds or notes on the Institute Charter School's behalf.

(f) Awards of Grants and Loans under this Program shall be at the sole discretion of the Board.

Nothing in these rules shall be interpreted as creating an entitlement in an Institute Charter School for receipt of a Grant or a Loan from the fund. 5.00 Payment Options and Length of Loans (Terms and Conditions). 5.01 Payment structure will be decided once the Board has approved the Loan. The Institute will require repayment of all Loans by a direct intercept from the School's state equalization payments. 6.00 Reporting Requirements. 6.01 The Institute staff will report to the Board on a monthly basis the balance of the Fund account including any earned interest. Such report will also include the names of all applicants, status of the review process, and the outstanding balance of all prior approved Loans. 6.02 On an annual basis the Institute staff will prepare a report to the Board on the status of all revenues, Loans and Grants for the Program, as part of the budget process. _________________________________________________________________________

Editor's Notes

History Entire rule emer. rule eff. 09/21/2010; expired eff. 01/19/2011.

Entire rule eff. 05/15/2011.

Entire rule eff. 10/30/2013.

303 Division of Public School Capital Construction Assistance

1 CCR 303-1 Rules Pertaining to the Administration of the Public School Capital Construction Assistance Board {#sec-1-ccr-303-1 omnilex-key=us-co-regs-official--department-4--1 CCR 303-1}

DEPARTMENT OF EDUCATION

PUBLIC SCHOOL FACILITY CONSTRUCTION GUIDELINES

1 CCR 303-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Article 1 - Purpose and Authority to Promulgate Rules 1.1. Purpose 1.1.1. Section 22-43.7-107(1)(a), C.R.S. states, The board shall establish public school facility construction guidelines for use by the board in assessing and prioritizing public school capital construction needs throughout the state as required by section 22-43.7-108, C.R.S. reviewing applications for financial assistance, and making recommendations to the state board regarding appropriate allocation of awards of financial assistance from the assistance fund only to applicants. The board shall establish the guidelines in rules promulgated in accordance with article 4 of title 24, C.R.S. 1.1.2. Section 22-43.7-107(1)(b), C.R.S. states, It is the intent of the general assembly that the Public School Facility Construction Guidelines established by the board be used only for the purposes specified in section 1.1.1 above. 1.1.3. The Public School Facility Construction Guidelines shall identify and describe the capital construction, renovation, and equipment needs in public school facilities and means of addressing those needs that will provide educational and safety benefits at a reasonable cost. 1.2. Statutory Authority 1.2.1. Section 22-43.7-106(2)(i)(I) C.R.S. states, the board may promulgate rules in accordance with article 4 of title 24, C.R.S. The board is directed to establish Public School Facility Construction Guidelines in rule pursuant to 22-43.7-107(1)(a), C.R.S.

Article 2 - Definitions 2.1. The definitions provided in 22-43.7-103, C.R.S., shall apply to these rules. The following additional definitions shall also apply:

“C.R.S.” means Colorado Revised Statutes.

“ES” means Elementary School.

“F.T.E.s” means Full Time Equivalent Students.

“Gross Square Feet (GSF)” means the total area of the building (inclusive of all levels as applicable) of a building within the outside faces of the exterior walls, including all vertical circulation and other shaft (HVAC) areas connecting one floor to another.

“Guidelines” means the Public School Facility Construction Guidelines.

“Historical significance” means having importance in the history, architecture, archaeology, or culture of this state or any political subdivision thereof or of the United States, as determined by the state historical society.

“HS” means High School.

“K12” means Kindergarten through 12th Grade School that is under all one facility / campus.

“MS” means Middle School.

“SF” means Square Foot.

“S.T.E.M.” means Science, Technology, Engineering, & Mathematics.

Article 3 - Codes, Documents and Standards incorporated by reference 3.1. The following materials are incorporated by reference within the Public School Facility Construction Guidelines: 3.1.1. ASHRAE 90.1-2013 Energy Standard for Buildings Except Low-Rise Residential Buildings. 3.1.2. ASHRAE Standard Benchmark Energy Utilization Index (October 2009). 3.1.3. ASHRAE Standard 189.1 - 2011 Standard for the Design of High-Performance Green Buildings. 3.1.4. ANSI/ASA S12.60-2010/ Part 1, Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools, Part 1 Permanent Schools 3.1.5. International Code Council’s International Plumbing Code (2015) amended by Rules and Regulations of the Colorado State Plumbing Board 3 CCR 720-1, 2016-4-1 3.1.6. National Fire Protection Association (NFPA) 70: National Electrical Code (2014). 3.1.7. National Fire Protection Association (NFPA) 13: Standard for the Installation of Sprinkler Systems, 2013 Edition 3.1.8. National Fire Protection Association (NFPA) 72: National Fire Alarm and Signaling Code, 2013 Edition. 3.1.9. National Fire Protection Association (NFPA) 80: Standard for Fire Doors and Other Opening Protectives, 2016 Edition 3.1.10. ASHRAE Standard 62.1-2013 Ventilation for Acceptable Indoor Air Quality (2013). 3.1.11. Colorado Department of Public Health and Environment which references Air Quality, Hazardous Waste, Public and environmental health, Radiation Control, Solid Waste and Water Quality. 3.1.12. International Fire Code (IFC) – 2015 Edition, First Printing: May 2014 (Copyright 2014 by International Code Council, Inc. - Washington, D.C.), including Appendices B and C. 3.1.13. International Mechanical Code - 2015 Edition, First Printing: May 2014 (Copyright 2014 by International Code Council, Inc. - Washington, D.C.) 3.1.14. International Energy Conservation Code (IECC) - 2015 Edition, First Printing: May 2014 (Copyright 2014 by International Code Council, Inc. - Washington, D.C.) 3.1.15. International Existing Building Code – 2015 Edition, First Printing: May 2014 (Copyright 201 by International Code Council, Inc. - Washington, D.C.) 3.1.16. All projects shall be constructed and maintained in accordance with the codes and regulations as currently adopted by the Colorado Division of Fire Prevention & Control which incorporates current building, fire, existing building, mechanical, and energy conservation codes. 3.2. The Division shall maintain copies of the complete texts of the referenced incorporated materials, which are available for public inspection during regular business hours with copies available at a reasonable charge. Interested parties may inspect the referenced incorporated materials by contacting the Director of the Division of Public School Capital Construction Assistance, 1580 Logan Street, Suite 310, Denver, Colorado 80203. 3.3. This rule does not include later amendments or editions of the incorporated material.

Article 4 - These Guidelines are not mandatory standards to be imposed on school districts, charter schools, institute charter schools, the boards of cooperative services or the Colorado School for the Deaf and Blind. As required by statute, the Guidelines address: 4.1 Health and safety issues, including security needs and all applicable health, safety and environmental codes and standards as required by state and federal law. Public school facility accessibility. 4.1.1 Sound building structures. Each building should be constructed and maintained with sound structural foundation, floor, wall and roof systems. 4.1.1.1 - All building structures shall conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30. 4.1.2 Classroom Acoustics. To address issues of reverberation time and background noise in classrooms refer to ANSI/ASA S12.60-2010/ Part 1, American National Standard Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools, Part 1: Permanent Schools. 4.1.3 Roofs. A weather-tight roof that drains water positively off the roof and discharges the water off and away from the building. All roofs shall be installed by a qualified contractor who is approved by the roofing manufacturer to install the specified roof system and shall receive the specified warranty upon completion of the roof. The National Roofing Contractors Association divides roofing into two generic classifications: low-slope roofing and steep-slope roofing. Low-slope roofing includes water impermeable, or weatherproof types of roof membranes installed on slopes of less than or equal to 3:12 (fourteen degrees). Steep slope roofing includes water-shedding types of roof coverings installed on slopes exceeding 3:12 (fourteen degrees). 4.1.3.1 - Low slope roofing systems: 4.1.3.1.1 - Built-up – minimum 4 ply, type IV fiberglass felt, asphalt BUR system. Gravel or cap sheet surfacing required. 4.1.3.1.2 - Ethylene Propylene Diene Monomer - minimum 60 mil EPDM membrane, with a ballasted or adhered system. 4.1.3.1.3 - Poly Vinyl Chloride - minimum 60 mil PVC membrane adhered or mechanically attached systems. 4.1.3.1.4 - Thermal Polyolefin - minimum 60 mil membrane adhered or mechanically attached systems. 4.1.3.1.5 - Polymer-modified bitumen sheet membrane - Styrene- Butadiene-Styrene (SBS) membranes only, to be used only as a component of a built-up system noted above. 4.1.3.2 - Steep slope roofing systems: 4.1.3.2.1 - Asphalt shingles - minimum 50 year spec asphalt shingles, UL Class A. 4.1.3.2.2 - Clay tile and concrete tile - minimum 50 year spec clay or concrete tile, UL Class A. 4.1.3.2.3 - Metal roof systems for steep-slope applications - minimum 24 gage prefinished steel, standing seam roof system with a minimum 1.5” seam height. 4.1.3.2.4 - Slate - ¼” minimum thickness, 50 year spec. UL Class A. 4.1.3.2.5 - Synthetic shingles - minimum 50 year spec, UL Class A. 4.1.4 Electrical Systems – Power Distribution and Utilization. Safe and secure electrical service and distribution systems shall be designed and installed to meet the National Electrical Code (NEC, NFPA 70); edition as enforced by the Colorado State Buildings Programs (SBP), unless otherwise more stringent based on local Authority Having Jurisdiction (AHJ), and ANSI/ASHRAE/IES Standard 90.1-2013 “Energy Standard for Buildings Except Low-Rise Residential Buildings”. 4.1.4.1 – Energy use intensity should not exceed the U.S. Department of Energy (DOE) building benchmarks, and shall conform to ASHRAE Standard Benchmark Energy Utilization Index (October 2009). 4.1.4.2 - Emergency lighting shall operate when normal lighting systems fail in locations and shall conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30. 4.1.5 Lighting Systems. Lighting systems shall be designed and installed to achieve appropriate lighting levels utilizing energy-efficient lighting fixtures and energy-saving automatic and manual control systems. 4.1.5.1 - Lighting systems shall be designed and installed to meet the National Electrical Code (NEC, NFPA 70) edition as enforced by the Colorado State Buildings Programs (SBP), unless otherwise more stringent based on local Authority Having Jurisdiction (AHJ). 4.1.5.2 – Illuminance levels shall meet the requirements for applicable spaces as recommended within in the Illuminating Engineering Society (IES) Handbook, and dictated by the Rules and Regulations Governing Schools in the State of Colorado 6 CCR 1010-6. 4.1.5.3 – Lighting power density shall not exceed the values indicated in ANSI/ASHRAE/IES Standard 90.1-2013. 4.1.5.4 - Lighting Control Systems shall be provided to comply with ANSI/ASHRAE/IES Standard 90.1-2013. 4.1.6 Mechanical Systems – Heating, Ventilation, and Air Conditioning (HVAC). Safe and energy efficient mechanical systems shall be designed and installed to provide proper ventilation, and maintain the building temperature and relative humidity, while achieving appropriate sound levels. 4.1.6.1 – Mechanical systems shall be designed and installed to meet the International Mechanical Code, International Fuel Gas Code, International Building Code, and other Codes as adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507. 4.1.6.2 - Healthy building indoor air quality (IAQ) shall be provided through the use of the mechanical heating, ventilation and air conditioning (HVAC) systems, or by operable windows, and by reducing air infiltration and water penetration with a tight building envelope, in compliance with the enforced International Building Code and ASHRAE Standard 62. 1- 2013. 4.1.6.3 - Mechanical systems shall comply with: ASHRAE Standard 62.1-2013 Ventilation for Acceptable Indoor Air Quality, ASHRAE Standard 90.1-2013 Energy Standard for Buildings Except Low-Rise Residential Buildings, and ASHRAE Standard 189.1-2014 Standard for the Design of High-Performance Green Buildings. 4.1.6.4 Sound levels due to mechanical equipment shall comply with Occupational Safety & Health Administration Standard 1910.95 and ANSI/ASA Standard S12.60-2010 Part 1 for acoustical considerations within school facilities. 4.1.7 Plumbing Systems - Waste Water, Storm water, Domestic Water and Plumbing Supporting HVAC shall be in compliance with Division of Fire Prevention and Control in 8 CCR1507 and the Colorado Department of Health & Environment regulations. 4.1.8 Fire Protection Systems. Building fire detection, alarm and emergency notification systems in all school facilities shall be designed in accordance with State requirements.

Exceptions where code required systems are not mandatory and the occupancy classification according to the International Building Code 2015 does not warrant a system. All fire management systems shall conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30 and the adopted Fire Code. 4.1.8.1 - Types of fire alarm notifications systems. 4.1.8.1.1 – Internal audible and visual alarms. 4.1.8.1.2 – External alarm monitoring and dispatch via internet / modem, telephone, radio, or cellular monitoring systems. 4.1.8.2 - Automatic Sprinkler Systems in Group E Occupancy a sprinkler system shall be provided as noted in the adopted Fire Code. Refer to the adopted Fire Code for exceptions. 4.1.8.2.1 All Group E fire areas greater than 12,000 square feet in area. 4.1.8.2.2 Throughout every portion of educational buildings below the lowest level of exit discharge serving that portion of the building. 4.1.8.3 - Types of Fire Protection Water Supplies. 4.1.8.3.1 - Fire hydrants. 4.1.8.3.2 - Static fire water storage tanks. 4.1.9 Means of egress. A continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way. A means of egress consists of three separate and distinct parts: the exit access, the exit and the exit discharge. Reference 2015 International Building Code, Chapter 2, Definitions. A building code analysis shall be conducted to determine all code requirements. 4.1.10 Facilities with safely managed hazardous materials. Potential hazardous materials in building components, which are identified in the Asbestos Hazard Emergency Response Act (AHERA) report, may include: asbestos, radon, lead, lamps and devices containing mercury. Additional hazardous materials may include: science chemicals, cleaning chemicals, blood-borne pathogens, acid neutralization tank for science departments, and bulk fuel storage (UST/AST) management that may be stored by the occupant. 4.1.10.1 - Public schools shall comply with all AHERA criteria and develop, maintain, and update an asbestos management plan, to be kept on record at the school district. This should include a building survey of the exterior of the building, and identification of all friable, non-friable, and trace asbestos materials.

Reference regulation Number 8, Control of Hazardous Air Pollutants, 5 CCR 1001-10. 4.1.10.2 - All new facilities and additions shall conduct radon testing following completion of construction within nineteen months after occupancy as required by Colorado Department of Public Health and Environment, 6 CCR 1010-6. 4.1.10.3 - Lead based paint. All schools shall conform to the regulations adopted by the Colorado Air Quality Control Commission governing the abatement of lead-based paint from target housing (constructed prior to 1978) and childoccupied facilities, reference C.R.S. 25-5-1101. 4.1.11 Security. The degree of resistance to, or protection from, harm. It applies to any vulnerable and valuable asset; such as a person, building or dwelling. Security provides “a form of protection where a separation is created between the assets and the threat.”

These separations are generically called “controls,” and sometimes include changes to the asset or the threat. These separations and degrees of resistance can be achieved through several models and techniques. 4.1.11.1 - Video Management Systems (VMS). 4.1.11.1.1 - Cameras. Video cameras are typically used to implement a video management system. In new construction, these should be internet protocol (IP) cameras on Power over Ethernet (PoE) cabling infrastructure, with color CCD, day-night operation and supplemental IR illuminators and environmental accessories as required for application, Cameras should support motion activation, digital zoom and focus, and standard video compression. Fixed and pan-tilt-zoom (PTZ) cameras shall be considered to meet requirements. Consideration shall be given to cameras with integral audio microphones. 4.1.11.1.2 - Monitoring & Recording Systems. - A central video management system should be capable of monitoring live feeds from multiple cameras from a central location and remote locations, recording all video, searching and reviewing recorded video, and exporting video to portable digital media. A minimum of 30 days of storage of all videos at 15fps (frames per second) is required. 4.1.11.2 - Controlled Access. 4.1.11.2.1 - General Requirements 4.1.11.2.1.1 - The number of entryways into the building or onto the campus should be limited. New construction shall be designed to restrict normal entrance to only one or two locations, with no recessed doorways, provided that sufficient entryways are available for fire department access and shall conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30. 4.1.11.2.1.2 - All exterior doors shall be locking and equipped with panic bars to open readily from the egress side. Panic bars should utilize flush push bar hardware to prevent chaining doors shut. 4.1.11.2.1.2.1 - Unless a door is intended for ingress, exterior doors should not have handles and locks on the outside.

In all cases exposed hardware should be minimized, provided that sufficient entryways are available for fire department access and shall conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30. 4.1.11.2.1.3 - Doors should be constructed of steel, aluminum alloy, or solid-core hardwood. If necessary, glass doors should be fully framed and equipped with burglar-resistant tempered glass.

Translucent glass should be avoided in all cases. 4.1.11.2.1.4 - Exit doors with panic push-bars should be “Access Control Doors” per the codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30, to prevent easy access by criminals and vandals, or in a lock-down / lockout situation. 4.1.11.2.1.5 - Heavy-duty metal or solid-core wooden doors should be used at entrances in areas containing expensive items. These areas include classrooms, storerooms, and custodians’ rooms.

Interior doorway doors should also be heavy-duty metal or solidcore wooden doors. 4.1.11.2.1.6 - Door hinges should have non-removable pins. 4.1.11.2.1.7 - Door frames should be constructed of pry-proof material. 4.1.11.2.1.8 - Armored strike plates shall be securely fastened to the door frame in direct alignment to receive the latch easily. 4.1.11.3 - Automated Locking Mechanisms. 4.1.11.3.1.1 Use of automated locking mechanisms (electronic access control) should be considered for exterior doors identified for entry and select interior doors associated with the main entry vestibule. 4.1.11.3.1.2 Acceptable automated electronic access control systems include RF-based proximity credential readers and biometric scanning devices. If the electronic access control systems are to be utilized the following shall apply: 4.1.11.3.1.2.1 - School personnel may be issued credentials for authenticating their identity in order to maintain efficient access to school facilities. 4.1.11.3.1.2.2 Students are not necessarily expected to carry electronic access control credentials. During normal arrival times, electronic locking systems may be disengaged via a timer while entries are monitored by school personnel. 4.1.11.3.1.2.3 All exterior doors shall utilize door position switches to notify staff of open doors and eliminate “door propping”. 4.1.11.3.1.2.4 Doors utilizing electronic access controls shall “fail secure” from the unsecure side. Free egress shall not be inhibited from the secure side in any scenario. 4.1.11.4 Manual Locking Devices 4.1.11.4.1 Use of a manual locking mechanism, such as traditional cylinder and key locks, should be provided for all interior doors requiring access control. 4.1.11.4.2 Manual and Electronic access control should not be used on the same door. 4.1.11.5 Emergency Lockdown 4.1.11.5.1 All exterior doors shall be able to be quickly and automatically secured from a position of safety (Administrative desk, Principal’s office, etc) without traveling to each individual exterior door. 4.1.11.5.2 Interior doors to occupied spaces shall be capable of quickly being secured from the inside by school personnel. Locking of doors may be done via manual deadbolt or automatic locking mechanism. Locking mechanism shall not interfere with automatic closing and latching functions required by the fire code and may have door sidelights, or door vision glass that allow line of sight into the corridors during emergencies, and shall conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30. 4.1.11.6 Intrusion Detection 4.1.11.6.1 A system shall be put in place to identify, alarm, and notify authorities in the case of unauthorized entry. 4.1.11.7 Alarm System Passive infrared (PIR) sensors shall be located interior to all building entries to monitor human movement. 4.1.11.7.1.1 – An alarm keypad shall be located at selected building entries to arm and disarm the intrusion detection system. 4.1.11.7.1.2 – A manual alarm device shall be located in a position of safety (Administrative desk, Principal’s office, etc.) to force intrusion detection system into alarm status. 4.1.11.7.1.3 – The intrusion detection shall notify local authorities or monitoring company upon alarm status. 4.1.11.8 Security Integration 4.1.11.8.1 The Video Management System (VMS), Access Control System, and Intrusion Detection System may be components of an integrated security solution. 4.1.11.9 - Main Entry Physical Security 4.1.11.9.1 - Building vestibules. Where appropriate, buildings shall employ double entry door designs that provide a secured area for visitors to authenticate and gain clearance. Known as “man traps”, security vestibules solve several common security issues such as students opening doors for visitors, visitors bypassing check-in points, direct access to the interior from attackers, piggy-back entrances, and propped doors. 4.1.11.9.2 - Video based entrance intercom systems. Building designs shall allow for school personnel to be able to monitor incoming visitors from a safe location out of reach, or line of site from incoming visitors who have not yet been authenticated or cleared for entry. These entry points shall use remote video and access control technology to conduct multi-factor authentication of incoming visitors (e.g. visual verification and ID, PIN/password and ID, or biometric and other form of visual identification). 4.1.11.9.2.1 - Video based entrance systems shall use IP technology to allow access control to be conducted by school personnel from multiple locations, so that multiple personnel can provide coverage for screening incoming visitors. 4.1.11.9.3 - Line of sight. The front entrance should be designed to maximize the line of sight distance for school occupants to detect an intruder from each relevant perimeter (e.g. classroom to hallway, office or guard station to entryway, or entryway to exterior fence access, or exterior fence access to property perimeter). 4.1.11.10 - Event alerting and notification (EAN) system. An EAN system that utilizes an intercom / phone system with communication devices located in all classrooms and throughout the school to provide efficient inter-school communications, and communication with local fire, police, and medical agencies during emergency situations. 4.1.11.11 - Secure sites should include the following: 4.1.11.11.1 - Locations to avoid. 4.1.11.11.2 - Location of utilities. 4.1.11.11.3 - Roof access. 4.1.11.11.4 - Lighted walkways. 4.1.11.11.5 - Secured playgrounds. 4.1.11.11.6 - Bollards at main entrances and shop areas with overhead doors. 4.1.11.11.7 - Signage. 4.1.12 Health code standards. Schools, including labs, shops, vocational and other areas with hazardous substances shall conform to the Department Of Public Health and Environment, Division of Environmental Health and Sustainability, 6 CCR 1010-6 Rules and Regulations Governing Schools in the State of Colorado. 4.1.13 Food preparation equipment and maintenance. Food preparation and associated facilities equipped and maintained to provide sanitary facilities for the preparation, distribution, and storage of food as required by Department Of Public Health And Environment, Division of Environmental Health and Sustainability, 6 CCR 1010-6 Rules and Regulations Governing Schools in the State of Colorado. 4.1.14 Health care room. A separate health care room shall be provided and shall comply with the Department Of Public Health and Environment, Division of Environmental Health and Sustainability, 6 CR 1010-6 Rules and Regulations Governing Schools in the State of Colorado. 4.1.15 A site that safely separates pedestrian and vehicular traffic and is laid out with the following guidelines: 4.1.15.1 - Physical routes for basic modes (busses, cars, pedestrians, and bicycles) of traffic should be separated as much as possible from each other. If schools are located on busy streets and/or high traffic intersections, coordinate with the applicable municipality or county to provide for adequate signage, traffic lights, and crosswalk signals to assist school traffic in entering the regular traffic flow. 4.1.15.2 - When possible, provide a dedicated bus staging and unloading area located away from students, staff, and visitor parking. 4.1.15.3 - Provide an adequate driveway zone for stacking cars on site for parent drop-off/pick-up zones. Drop-off area design should not require backward movement by vehicles, and be one-way in a counterclockwise direction where students are loaded and unloaded directly to the curb/sidewalk. Students should not have to load or unload where they have to cross a vehicle path before entering the building. It is recommended all loading areas have “No Parking” signs posted. 4.1.15.4 - Provide well-maintained sidewalks and a designated safe path leading to the school entrance(s). 4.1.15.5 - Building service loading areas and docks should be independent from other traffic and pedestrian crosswalks. If possible, loading areas shall be located away from school pedestrian entries. 4.1.15.6 - Facilities should provide bicycle access and storage if appropriate. 4.1.15.7 - Fire lanes shall conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30 or the local fire department. Local fire department must adhere to the codes adopted by DFPC. 4.1.15.8 - Playgrounds shall comply with the ICC A117.1-2009 Accessible and Usable Buildings and Facilities and shall conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507-30. 4.1.16 Severe weather preparedness. 4.1.16.1 - Designated emergency shelters shall conform to all applicable codes adopted by the Colorado Division of Fire Prevention and Control in 8 CCR 1507- 30 and ICC 500. 4.2 Technology, including but not limited to telecommunications and internet connectivity technology and hardware, devices or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher. 4.2.1 Educational facilities for individual student learning, classroom instruction, online instruction and associated technologies, connected to the Colorado institutions of higher education distant learning networks “Internet” and “Internet two.” 4.2.2 Educational facilities shall be supplied with standards-based wired and wireless network connectivity. 4.2.3 Security and associated filtering and intrusion control for internal voice, video and data networks shall be provided. 4.2.4 External internet service provider (ISP) connection and internal wide area network (WAN) connections meeting or exceeding recommended guidelines of the state education technology education directors association (SETDA) broadband imperative, and devices meeting or exceeding recommended specifications according to the most current version of technology guidelines for the partnership for assessment of readiness for college and careers (PARCC) assessments. 4.2.5 Provide school administrative offices with web-based activity access. 4.2.6 Building shall be constructed with long-term sustainable technology infrastructure.

Facilities should be built with sufficient data cabling and/or conduit and power infrastructure to allow for maximum flexibility as technological systems are upgraded and replaced in the future. A plan for technology lifecycle review intervals should be put in place for review at 2-4 year intervals. 4.2.6.1 Applicable Standards. The design and installation of technology systems shall comply with:

4.2.6.1.1 ANSI/TIA/EIA-568-C

4.2.6.1.2 ANSI/TIA/EIA-569

4.2.6.1.3 ANSI/TIA/EIA-606-B

4.2.6.1.4 ANSI/TIA/EIA-607-B 4.2.6.1.5 ANSI/BICSI 001-2009, Information Transport Systems Design Standard for K-12 Educational Institutions. 4.2.7 Telecom Equipment Rooms 4.2.7.1 - Uninterruptible power supplies (UPS). Telecom Rooms (TRs) and Equipment Rooms (ERs) shall be provided with UPS equipment to provide continuous clean power to communications systems for a minimum of 90 minutes. 4.2.7.2 - Generators. A backup generator shall be considered for providing backup power to telecommunications systems of backup power is required beyond 9 minutes, or if the generator is already located for other purposes. 4.2.7.3 - Heating, Ventilation and Air Conditioning (HVAC). Mechanical equipment shall be used to accommodate heating loads within TRs and ERs. Ventilation-only systems may be used in spaces with limited equipment, active cooling systems should be considered for larger rooms. Maintained space temperatures shall target 65 degrees F. peak space temperatures shall not exceed 90 degrees F. 4.2.7.3.1 Direct evaporative cooling systems shall not be used, due to lack of control on humidity levels. 4.2.7.4 - Alarms shall be provided to notify assigned school personnel if environmental conditions approach or exceed bounds of operational conditions. 4.2.8 Connectivity standards. 4.2.8.1 - Wireless. Data cabling shall be planned to support appropriately spaced multiple-antenna wireless networking infrastructure allowing for wireless access points to support expected quantity of connected devices and required bandwidth. Support for 802.11b/g/n, 802.11ac, and/or newer protocols are recommended. 4.2.8.2 - Wired. 4.2.8.2.1 - Cabling. All new runs of copper data cable should be Category 6 cable or newer standards. Any data outlet should be supplied by two cables. Unshielded twisted pair (UTP) shall be used unless local conditions warrant otherwise. 4.2.8.2.2 - Telecom Rooms (TRs) and Equipment Rooms (ERs). TRs and ERs shall be connected by conduit and a combination of copper and fiber optic cable to allow for maximum data performance and upgradeability. 4.2.8.2.3 - TR to classroom. Classrooms should have a data outlet on the wall at the front and back of the room at a minimum for network/ internet access. Additional cabling may be warranted for security, audiovisual and special systems purposes. 4.2.8.2.4 - TR to office, and library or technology/media centers. Any areas designed for independent work or study should have a dedicated data outlet with two copper cable runs each. 4.2.8.2.5 - TR to common areas, auditorium, and cafeteria. Common areas should contain data outlets located as required to support program and curriculum requirements. 4.3 Building site requirements. Functionality of existing and planned public school facilities for core educational programs, particularly those educational programs for which the State Board has adopted state model content standards. Capacity of existing and planned public school facilities, taking into consideration potential expansion of services for the benefit of students such as fullday kindergarten and preschool- and school-based health services and programs. 4.3.1 Traditional education model, S.T.E.M. & Montessori / Expeditionary education models. 4.3.1.1 - Minimum occupancy requirements for schools: 15,064 16,102 19,183 16,393 29,197 31,813 38,030 32,298 42,401 47,136 56,540 47,715 54,674 62,068 74,713 62,645 66,017 76,610 92,550 77,087 76,429 90,763 110,050 91,041 85,912 104,526 127,214 104,508 94,464 117,899 144,041 117,488 102,086 130,883 160,531 129,979 108,778 143,476 176,685 141,984 114,540 155,680 192,502 153,500 119,371 167,494 207,982 164,529 Median Gross Square Foot (GSF) Per Pupil Traditional ES (K-5)

Traditional HS (9-12)

Traditional K-12 Traditional MS (6-8)

Exp. Mtsri. S.T.E.M. Exp. Mtsri. S.T.E.M. Exp. Mtsri. S.T.E.M. Exp. Mtsri. S.T.E.M. 100 160 161 156 171 169 166 203 198 201 174 172 200 155 156 151 169 167 164 202 196 199 171 170 300 150 151 146 167 165 162 200 194 197 169 167 400 145 146 141 164 163 160 198 192 195 166 164 500 140 141 137 162 161 158 196 191 194 163 162 600 135 136 132 160 159 156 194 189 192 161 159 700 130 131 127 158 157 154 193 187 190 158 157 800 125 126 122 156 155 152 191 185 188 156 154 900 120 121 117 154 153 150 189 184 187 153 152 1000 115 116 113 152 151 148 187 182 185 151 149 1100 110 111 108 150 149 146 186 180 183 148 146 1200 105 106 103 148 147 144 184 179 181 145 144 Median Gross Square Foot Per Pupil - Alternate Programs (Expeditionary (Exp.), Montessori (Mtsri.), S.T.E.M.)

Alt. ES (GSF/Pupil)

Alt. MS (GSF/Pupil)

Alt. HS (GSF/Pupil)

Alt. K12 (GSF/Pupil) 1,300 1,500 1,700 1,700 1,600 2,000 2,000 1,900 2,100 2,300 2,300 2,600 2,800 2,800 2,700 2,900 3,100 3,100 3,200 3,400 3,400 Square Foot Values - Assembly ES Assembly MS Assembly HS Assembly K12 Assembly - Cafeteria Capacity assumes three (3) seatings without a secondary function overlay.

• Auditorium Capacity SF is sized for 1/3 of General enrollment and is inclusive of stage (size varies: 1,000 to 1,800); Basis is 9 SF per seat (1/3 FTES) plus stage at various sizes, stage includes a small amount of storage or similar support.

Kindergarten 1,140 1,140 Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 Grade 9 Grade 10 Grade 11 Grade 12 Montessori Expeditionary Square Foot (SF) Values - Core Classrooms (Minimum (Min) classroom size = 675 sf)

ES Min (24-30 FTES)

K12 Min (24-30 FTES)

HS Min (24-30 FTES)

MS Min (24-30 FTES)

Comp/Tech Music Science Lecture Art Gym / MP Special Ed VoAg Media Center "Gymatorium"

Square Foot (SF) Values - Exploratory Spaces (minimum size = 675 sf) 1200 sf (30 occ) 3,000 SF (50'x60') 2400 sf (60 occ) 5,400 SF (60'x90') 4,400 SF (See notes) 4,400 SF (See notes)

K12 Min (24-30 F.T.E.s)

HS Min (24-30 F.T.E.s)

MS Min (24-30 F.T.E.s)

ES Min (24-30 F.T.E.s) 3600 sf (60 occ) 7,300 SF (70'x104') 3600 sf (60 occ) 7,300 SF (70'x104')

• ES Gymnasium basis is 50'X60' play area; Capacity Assumes (GE*.25)/7 periods (without fixed seats)

• MS Gymnasium basis is 60’X90’ play area; Capacity Assumes (GE*.5)/7 periods (without fixed seats)

• HS Gymnasium basis is 70’X104’ practice gym; Capacity Assumes (GE*.5)/7 periods (with limited fixed seats) Note: National Federation of State High School Association’s standards outline an “ideal” court for high school age as 84'x50' (and not greater than 94'x50')

• “Gymatorium” basis is 50'x60' play area and 1000 SF platform stage with 400 SF storage Office - large Space Type:

Office - typical Instruction - sm group Storage Staff toilets Team planning (conf)

Work room Instructor / Support Areas Notes:

Multiple may be required due to scale Multiple indivual (or in aggregate) may be required due to scale 12-16 occupants (assembly use) 16 occupants (classroom use)

Ave per instructor Square Feet These facility area standards are copyrighted by Cuningham Group Architecture, Inc. and may not be reproduced or distributed without inclusion of “Copyright 2014 Cuningham Group Architecture, Inc.”. The data was derived from a multi-year national facility area standards study, supported in part by the Colorado League of Charter Schools. 4.3.2 Other rooms. 4.3.2.1 - Facilities with preschools shall comply with Rules Regulating Child Care Centers (Less Than 24-Hour Care) 12 CCR 2509-8 and shall comply with the Colorado Department of Public Health and Safety’s Regulations Governing Child Care, 6 CCR 1010-7. 4.3.2.2 - Special education classrooms. Special Education classrooms and facilities meeting or exceeding the accessibility and adaptive needs of the current and reasonably anticipated student population, in accordance with Section 504 and Title II of the Americans with Disabilities Act, the Exceptional Children’s Educational Act, and Individuals with Disabilities Education Act. 4.4 Building performance standards and guidelines for green building and energy efficiency.

Section 24-30-1305.5 C.R.S., requires all new facilities, additions, and renovation projects funded with 25% or more of state funds to conform with the High Performance Certification Program (HPCP) policy adopted by the Office of the State Architect (OSA) if:

• The new facility, addition, or renovation project contains 5,000 or more building square feet; and • The project includes an HVAC system; and • If increased initial cost resulting from HPCP can be recouped by decreased operational costs within 15 years, and • In the case of a renovation project, the cost of the renovation exceeds 25% of the current value of the property. 4.4.1 High Performance Certification Programs. 4.4.1.1 The Department of Personnel and Administration, Office of the State Architect has determined the following three guidelines as meeting the High Performance Certification Program (HPCP) requirements per C.R.S.24-30-1305.5; the U.S.

Green Building Council, Leadership in Energy and Environmental Design – New Construction (USGBC LEED™-NC) guideline with Gold as the targeted certification level; and the Green Building Initiative (GBI), Green Globes guideline with Three Globes the targeted certification level; and for the Colorado Department of Education, K-12 construction, the Collaborative for High Performance Schools (US-CHPS) is an optional guideline with Verified Leader as the targeted certification level. 4.4.1.2 – LEED, or Leadership in Energy and Environmental Design (for schools) is a globally recognized symbol of excellence in green building. 4.4.1.2.1 LEED is an internationally recognized certification system that measures a building using several metrics, including: energy savings, water efficiency, sustainable land use, improved air quality, and stewardship of natural resources. 4.4.1.2.2 Points are awarded on a 100-point scale, and credits are weighted to reflect their potential environmental impacts. Different levels of certification are granted based on the total number of earned points.

The four progressive levels of certification from lowest to highest are: certified, silver, gold and platinum. 4.4.1.3 United States Collaborative for High Performance Schools (US-CHPS). US- CHPS reflects the three priority outcomes of the Core Criteria. These are, in order of importance. 4.4.1.3.1 Maximize the health and performance of students and staff. 4.4.1.3.2 Conserve energy, water and other resources in order to save precious operating dollars. 4.4.1.3.3 Minimize material waste, pollution and environmental degradation created by a school. 4.4.1.3.4 The CHPS National Technical Committee has weighted the available point totals for prerequisites and credits in seven categories to reflect these three priorities. 4.4.2 Renewable energy strategies. 4.4.2.1 - Solar Photovoltaic / Solar Thermal. 4.4.2.1.1 SB 20-124 Requires consultation with the incumbent electric utility regarding energy efficiency; beneficial electrification, as defined in

section 40-3.2-106 (6)(a); and renewable distributed generation opportunities. 4.4.2.2 - Geothermal / Geo exchange. 4.4.2.3 - Wind. 4.4.2.4 - Passive Solar Design. 4.4.3 Energy management plan. 4.4.3.1 - Energy programs assist with creating a culture of energy efficiency within a school. Reference Energy Star Guidelines for Energy Management to help develop a plan. 4.4.4 Other energy efficient options. 4.4.4.1 - ENERGY STAR Labeled HVAC / mechanical systems. 4.4.4.2 - Windows, doors, and skylights (collectively known as fenestration). 4.4.4.3 - Building Envelope. 4.4.4.3.1 - The interface between the interior of the building and the outdoor environment, including the walls, roof, and foundation – serves as a thermal barrier and plays an important role in determining the amount of energy necessary to maintain a comfortable indoor environment relative to the outside environment. 4.4.4.3.2 - Roof. Roof design and materials can reduce the amount of air conditioning required in hot climates by increasing the amount of solar heat that is reflected, rather than absorbed, by the roof. For example, roofs that qualify for ENERGY STAR® are estimated to reduce the demand for peak cooling by 10 to 15 percent. 4.4.4.3.3 - Insulation is important throughout the building envelope. 4.4.4.4 - Lighting. 4.4.4.4.1 - Light emitting diodes (LEDs), compact fluorescents (CFLs) and fluorescent lighting should be considered over traditional incandescent lighting. 4.4.4.4.5 - Commissioning, retro commissioning and re-commissioning. 4.4.4.4.5.1 - Commissioning ensures that a new building operates initially as the owner intended and that building staff are prepared to operate and maintain its systems and equipment. 4.4.4.4.5.2 - Retro commissioning is the application of the commissioning process to existing buildings. 4.4.4.4.5.3 - Re-commissioning is another type of commissioning that occurs when a building that has already been commissioned, undergoes another commissioning process. 4.4.4.4.6 - Measurement and verification. 4.4.4.4.6.1 Measurement and verification (M&V) is the term given to the process for quantifying savings delivered by an Energy Conservation Measure (ECM), as well as the sub-sector of the energy industry involved with this practice. M & V demonstrates how much energy the ECM has avoided using, rather than the total cost saved. 4.4.4.4.7 - Landscaping 4.4.4.4.7.1 Irrigation: Consider water management which could include reducing storm-water run-off, preventing erosion and decreasing the effects of soil expansion. 4.4.4.4.7.2 Plant Materials: Consider Native materials, Xeriscaping. 4.4.4.4.7.3 Grass/ Sod Areas: Consider use of grass/ sod areas, consider water use, alternate options if planting sports fields. 4.4.4.4.8 – Permitting 4.4.4.4.8.1 Application for public school construction projects permits can be made at the DFPC website, www.colorado.gov/dfpc > Sections > Fire & Life Safety > Permits and Construction > School Construction. 4.4.4.4.8.2 If a local building department has entered into a memorandum of understanding (MOU) with DFPC, that local building department is considered a Prequalified Building Department (PBD). A School District may, at its discretion, choose to apply for permit through DFPC or the PBD that has jurisdiction of construction projects for the location of the school construction project. The list of PBD’s is available on the DFPC website, School Construction. 4.5 The historic significance of existing public school facilities and their potential to meet current programming needs by rehabilitating such facilities. 4.5.1 Buildings that are 50 years or older at the time of application may be subject to the State Register Act 24-80.1-101 to 108 in determining if the affected properties have historical significance. 4.5.1.1 - Historical significance means having importance in the history, architecture, archaeology, or culture of this state or any political subdivision thereof or of the United States, as determined by the state historical society. 4.5.2 When determining if a facility should be replaced, the cost to rehabilitate versus the cost to replace should be evaluated. ________________________________________________________________________

Editor's Notes

History Entire rule emer. rule eff. 9/10/2008; expired 12/10/2008.

Entire rule eff. 01/30/2009.

Rules 3.10, 3.11, 4.3, 5, 6 eff. 11/30/2009.

Entire rule eff. 12/30/2011.

Rules 5.1.24.1-5.1.24.3 eff. 12/30/2012.

Entire rule eff. 01/30/2015.

Rules 3.1.4, 3.1.9-3.1.11 eff. 10/30/2015.

Articles 3, 4 eff. 11/30/2016.

Rules 3.1, 4.1.6.4, 4.1.16.1, 4.2, 4.4.2-4.4.6 eff. 03/30/2017.

Rule 4.2 eff. 12/30/2017.

Rule 4.4.2.1.1 eff. 02/14/2021.

1 CCR 303-2 Rules Pertaining to the Capital Construction Assistance Full-Day Kindergarten Facility Program {#sec-1-ccr-303-2 omnilex-key=us-co-regs-official--department-4--1 CCR 303-2}

DEPARTMENT OF EDUCATION

DIVISION OF PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE

FULL-DAY KINDERGARTEN FACILITY CAPITAL CONSTRUCTION ASSISTANCE

1 CCR 303-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority § 22-43.7-202 C.R.S., the Capital Construction Assistance Board may promulgate rules for evaluating Full-day Kindergarten Facility Capital Construction applications.

Scope and Purpose This regulation shall govern all Full-day Kindergarten Facility Capital Construction applications accepted for consideration of funding pursuant to § 22-43.7-201 C.R.S.

1. Definitions 1.1. “Accounting District” means the School District within whose geographical boundaries an Institute Charter School is located. 1.2. “Applicant” means any entity that may submit an application for financial assistance to the Board if the entity submits such an application, including: 1.2.1. A School District; 1.2.2. A District Charter School; 1.2.3. An Institute Charter School. 1.3. “Application” means the application for a grant or matching grant submitted by an Applicant. 1.4. “Board” means the Public School Capital Construction Assistance Board Created in § 22-43.7-106 (1) C.R.S. 1.5. “Capital Construction” shall have the same meaning as set forth in section § 24-75-301 (1) C.R.S. 1.6. “District Charter School” means a Charter School as described in section § 22-30.5-104 C.R.S. 1.7. “Division” means the Division of Public School Capital Construction Assistance created in § 22- 43.7-105 C.R.S. 1.8. “Fund” means the Full-Day Kindergarten facility Capital Construction Fund created in § 22-43.7- 201(1) C.R.S. 1.9. “Grantee” means a School District or the Charter School Institute that has applied for a grant for a School District, or on behalf of a Charter School or Institute Charter School and received a grant; 1.10. “Institute Charter School” means a charter school chartered by the Colorado State Charter School Institute. 1.11. “Matching Moneys” means moneys required to be used directly to pay a portion of the costs of a public school facility Capital Construction project by an Applicant as a condition of an award of financial assistance to the applicant pursuant to § 22-43.7-109 (9) C.R.S. 1.12. “School District” means a school district, other than a junior or community college district, organized and existing pursuant to law in Colorado. 1.13. “State Board” means the State Board of Education created and existing pursuant to section 1 of

article IX of the State Constitution. 1.14. “Temporary Auxiliary Facility” means a temporary building that will be placed on the same campus as a main education facility.

2. Application Requirements 2.1. Eligible Applicants 2.1.1. Applicants are eligible for a grant or matching grant only if, at the time the application was filed and in the absence of such a grant, the School District or Institute Charter School would be unable to provide a facility in which to offer a full day of kindergarten to more students than were offered a full day of kindergarten in the 2007-08 school year.. 2.1.2. An individual school of a School District, including a District Charter School, may apply for a grant or matching grant through the School District in which the school is located, and the School District may then apply to the Board for the grant or matching grant on behalf of the school. 2.1.3. An Institute Charter School may apply directly to the Board. 2.2. Eligible Projects 2.2.1. The following Capital Construction projects that will be used in conjunction with providing a full day kindergarten program are eligible for consideration for grants or matching grants under this program: 2.2.1.1. A Capital Construction project to renovate a facility; 2.2.1.2. A Capital Construction project to rent a facility; 2.2.1.3. A Capital Construction project to provide a Temporary Auxiliary Facility. 2.3. An application will not be accepted unless it is received in the Board office by 4:30 pm on or before the deadline date determined by the Board. The deadline date cannot be later than July 1 for the budget year commencing on that July 1. 2.4. The Board prefers Applications to be in electronic form but one hard copy to the Board office is acceptable. Each Application shall be in a form prescribed by the Board and shall include, but is not limited to, the following (with supporting documentation): 2.4.1.1. A description of the scope and nature of the Capital Construction project; 2.4.1.2. A description of the architectural, functional, and construction standards that are to be applied to the facility that is the subject of the Capital Construction project; 2.4.1.3. The total estimated cost of the Capital Construction project, 2.4.1.4. The form and amount of financial effort that will be provided by the Applicant for the Capital Construction project; 2.4.1.5. A demonstration of the Applicant’s ability and willingness to maintain the Capital Construction project; 2.4.1.6. The number of students, if any, in the School District, District Charter School, or the Institute Charter School who attended full day and half-day kindergarten in the 2007-2008 school year and the number of students in the School District, District Charter School, or the Institute Charter School who will attend full day and half day kindergarten without the Capital Construction Project or if the Capital Construction Project is completed ; 2.4.1.7. If the application is for a Capital Construction project to rent a facility, a copy of the lease or proposed lease and all other supporting detail concerning the facility; 2.4.1.8. Signature of School District Superintendent, a School District board officer, and if applicable District Charter School director, or Institute Charter School director and Charter School Institute executive director; 2.4.1.9. Any other information the Board may reasonably require for the evaluation of the Application.

3. Application Review 3.1. Applications that are incomplete may be rejected without further review. 3.1.1. The Board may request supplementation of an Application with additional information or supporting documentation. 3.2. Each budget year, the Board shall use fifty percent of the moneys in the fund to provide grants and fifty percent of the moneys in the fund to provide matching grants under section § 22-43.7-201 C.R.S 3.3. The Board shall prioritize the Applications that are eligible to receive a grant and determine the type and amount of the grant or matching grant based on the following criteria, in descending order of importance: 3.3.1. Capital construction projects in School Districts or, for Institute Charter Schools, Accounting Districts that have reached ninety percent or more of their limit on bonded indebtedness under section § 22-42-104 C.R.S; and 3.3.2. Capital construction projects from Applicants that have previously demonstrated consistent efforts to allocate money to the Applicant’s capital reserve fund in excess of the minimum amounts required pursuant to § 22-54-105(2) C.R.S. or 22-30.5-514(1) C.R.S. 3.3.3. Additional considerations used for prioritization may include, but are not limited to: 3.3.3.1. Maximizing the total number of students statewide who will be able to attend a full day of kindergarten due to the availability of a renovated facility or Temporary Auxiliary Facility for a full-day kindergarten program; 3.3.3.2. The amount of the matching contribution being provided in excess or less than the minimum; 3.3.3.3. A School District’s or Accounting District’s bonded debt and bonded capacity used; 3.3.3.4. A School District’s or Accounting District’s bonded mill levy; 3.3.3.5. Whether the Applicant has been placed on financial watch by the Colorado Department of Education; 3.3.3.6. Overall condition of the Applicant’s existing facilities; 3.3.3.7. If the Applicant has a current facility master plan; 3.3.3.8. The project cost per pupil based on number of pupils affected by the proposed FDK project; 3.3.3.9. The project life cycle; 3.3.3.10. Per Pupil Assessed Valuation of the applying district or Accounting District relative to the State average; 3.3.3.11. Percent of pupils eligible for free and reduced lunch in the applying district, charter school, or Institute Charter School; 3.3.3.12. Median household income of the applying district or Accounting District relative to the State average. 3.4. The Board shall submit to the State Board the prioritized list of Capital Construction projects. The prioritized list shall include: 3.4.1. The Board’s recommendation to the State Board as to the amount of financial assistance to be provided to each Applicant approved by the Board to receive funding and whether the assistance should be in the form of a grant or a matching grant. 3.5. Additional actions the Board can take when reviewing a Application: 3.5.1. The Board may modify the amount of financial assistance requested or modify the amount of matching contribution required by the applicant as necessary; 3.5.2. The Board may recommend funding a project in its entirety or recommend a partial award to the project; 3.5.2.1. If a project is partially funded a written explanation will be provided.

4. Waiver in Matching Contribution 4.1. If a waiver for part or all of the matching contribution is submitted, it should discuss the following items and include additional issues or impacts that are inhibiting the Applicant’s ability to make the financial commitment of a matching contribution to the project: 4.1.1. The general fund and capital reserve fund balance and an explanation of why they are at that level (do not include TABOR Reserves); 4.1.1.1. Commitments to the capital reserve fund, showing why the capital reserve fund can not be used to fund the matching contribution; 4.1.2. Bond history including an explanation of factors contributing to the decision to pursue or not pursue a bond issue, and factors contributing to past bond issue failures and successes; 4.1.3. Changes in insurance costs; 4.1.4. Changes in salaries; 4.1.5. Other increased expenses; 4.1.6. Changes in enrollment; 4.1.7. Changes in revenues; 4.1.8. Additional projects undertaken or additional projects which are budgeted or are being saved for; 4.1.9. Upgrades to technology, textbooks, facilities or other upgrades being contemplated or undertaken beyond the submitted projects; 4.1.10. Recent unexpected maintenance to facilities or equipment; 4.1.11. Planned maintenance or equipment replacement; 4.1.12. Busses and other capital purchases; 4.1.13. Additional circumstances that make it financially impractical or impossible to provide the matching contribution.

5. Payment and Oversight 5.1. Payment. 5.1.1. Payment of grant funds will be on a draw basis. As a Grantee expends funds on an awarded grant project, the grantee may submit a request for funds to the Division on a fund request form provided by the Division. The fund request must be accompanied by copies of invoices from the vendors for which reimbursement is being requested; 5.1.2. The Division will review the fund request and make payment. Payments will only be made for work that is included in the project scope of work defined in the Application; 5.1.3. If the Grantee is a School District, request for payment must come from the School District.

Requests will not be accepted from individual School District schools; 5.1.4. If the Grantee is a District Charter School, request for payment must come from the School District. Payment shall be made to the School District and the School District shall make payment to the charter school. The School District may not retain any portion of the moneys for any reason; 5.1.5. If the Grantee is an Institute Charter School, request for payment must come from the Charter School Institute and the Charter School Institute shall make payment to the Institute Charter School. Payment shall be made directly to the Charter School Institute. 5.2. Oversight 5.2.1. School districts and the Charter School Institute shall submit a progress report to the Division by July 31 of each year on a Division provided form for each grant they have received and have not closed out; 5.2.2. When an School districts and the Charter School Institute completes a grant project they must submit a final report to the Division on a Division provided form before final payment will be made. Once the final report is submitted and final payment is made, the grant shall be considered closed; 5.2.3. If the Grantee has not used all of the awarded funding on a closed out grant project, the unused balance will be returned to the fund; 5.2.4. The Division may make site visits to review project progress or to review a completed project; 5.2.5. The Division may require a Grantee receiving a grant to hire additional independent professional construction management to represent the Applicant’s interests, if the Division deems it necessary due to the size of the project, the complexity of the project, or the Grantee’s ability to manage the project with Grantee personnel.

6. Technical Consultation 6.1. The Division may provide technical consultation and administrative services to School Districts and Institute Charter Schools to evaluate the need for full day kindergarten Capital Construction funding and the School Districts' and Institute Charter Schools' plans for expending any assistance received. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/01/2009.

Rules 1.6, 2.2 – 2.4, 3.2 – 3.5, 5.1.5 eff. 11/30/2009.

1 CCR 303-3 Building Excellent Schools Today Grant Program {#sec-1-ccr-303-3 omnilex-key=us-co-regs-official--department-4--1 CCR 303-3}

DEPARTMENT OF EDUCATION

BUILDING EXCELLENT SCHOOLS TODAY GRANT PROGRAM

1 CCR 303-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority § 22-43.7-106(2)(i)(I) C.R.S., the Public School Capital Construction Assistance Board may promulgate rules, in accordance with Article 4 of Title 24, C.R.S., as are necessary and proper for the administration of the BEST Act.

Scope and Purpose This regulation shall govern the Building Excellent Schools Today (BEST) Public School Capital Construction Assistance Program pursuant to the BEST Act.

1. Definitions 1.1. “Applicant” means an entity that submits an Application for Financial Assistance to the Board, including: 1.1.1. A School District; 1.1.2. A District Charter School; 1.1.3. An Institute Charter School; 1.1.4. A Board of Cooperative Educational Services (BOCES); 1.1.5. The Colorado School for the Deaf and Blind. 1.2. “Application” means the Application for Financial Assistance submitted by an Applicant. 1.3. “Assistance Fund” means the public school capital construction assistance fund created in § 22- 43.7-104(1) C.R.S. 1.4. “Authorizer” means the School District that authorized the charter contract of a Charter School or, in the case of an Institute Charter School, as defined in § 22-43.7-106(1) C.R.S., the State Charter School Institute created and existing pursuant to § 22-30.5-502(6) C.R.S. 1.5. “BEST Act” means § 22-43.7-101 C.R.S. et seq. 1.6. “BEST Lease-purchase Funding” means funding from a sublease-purchase agreement entered into between the state and an entity as described in 2.1 pursuant to § 22-43.7-110(2) C.R.S. 1.7. “BEST Cash Grant” means cash funding as a matching grant. 1.8. “BEST Emergency Grant” means a request for Financial Assistance in connection with a Public School Facility Emergency. 1.9. “Board” means the Public School Capital Construction Assistance Board created in § 22-43.7-106 (1) C.R.S. 1.10. “Board of Cooperative Educational Services” or “BOCES” means a Board of Cooperative Services created and existing pursuant to § 22-5-104 C.R.S. that is eligible to receive State moneys pursuant to § 22-5-114 C.R.S. 1.11. “Capital Construction” has the same meaning as set forth in § 24-30-1301 (2); C.R.S. except that the term also includes technology, as defined in § 22-43.7-109 (5)(a)(I)(B) 1.12. “Capital Renewal Reserve” means moneys set aside by an Applicant that has received an award for a project for the specific purpose of replacing major Public School Facility systems with projected life cycles such as, but not limited to, roofs, interior finishes, electrical systems and heating, ventilating, and air conditioning systems. 1.13. “Charter School” means a Charter School as described in § 22-54-124 (1)(f.6)(I)(A) or (1)(f.6)(I)(B) C.R.S. 1.14. “Eligible Charter School” means a qualified charter school that is eligible for the Loan Program as defined in § 22-30.5-408(1)(c) C.R.S. and authorized to receive financial assistance pursuant to 22-43.7-103(7) C.R.S. 1.15. “Division” means the Division of Public School Capital Construction Assistance created in § 22- 43.7-105 C.R.S. 1.16. “Financial Assistance” means BEST Cash Grants; BEST Lease-purchase Funding; BEST Emergency Grants; funding provided as matching grants by the Board from the Assistance Fund to an Applicant; or any other expenditure made from the Assistance Fund for the purpose of financing Public School Facility Capital Construction as authorized by the BEST Act. 1.17. “Grantee” means a School District, Charter School, Institute Charter School, BOCES or the Colorado School for the Deaf and Blind that has applied for Financial Assistance and received an award. 1.18. “Institute Charter School” means a Charter School chartered by the Colorado State Charter School Institute pursuant to § 22-30.5-507 C.R.S. 1.19. “Loan Program” means the charter school matching moneys loan program pursuant to 22-43.7- 110.5 C.R.S. 1.20. “Matching Moneys” means moneys required to be used directly to pay a portion of the costs of a Public School Facility Capital Construction project by an Applicant as a condition of an award of Financial Assistance to the Applicant pursuant to § 22-43.7-109 (9) C.R.S and/or 22-43.7-110(2)

C.R.S. 1.21. “Project” means the Capital Construction Project for which Financial Assistance is being requested. 1.22. “Public School Facility” means a building or portion of a building used for educational purposes by a School District, Charter School, Institute Charter School, a Board of Cooperative Education Services, the Colorado School for the Deaf and Blind created and existing pursuant to § 22-80- 102(1)(a) C.R.S., including but not limited to school sites, classrooms, data centers, libraries and media centers, cafeterias and kitchens, auditoriums, multipurpose rooms, and other multi-use spaces; except that “Public School Facility” does not include a learning center, as defined in § 22- 30.7-102(4) C.R.S., that is not used for any other public school purpose and is not part of a building otherwise owned, or leased in its entirety, by a School District, a Board of Cooperative Education Services, a Charter School, Institute Charter School, or the Colorado School for the Deaf and Blind for educational purposes. 1.23. “Public School Facility Construction Guidelines” means Public School Facility Construction Guidelines as established in § 22-43.7-107 C.R.S. 1.24. “Public School Facility Emergency” means an unanticipated event that makes all or a significant portion of a Public School Facility unusable for educational purposes or poses an imminent threat to the health or safety of persons using the Public School Facility. 1.25. “School District” means a School District, other than a junior or community college district, organized and existing pursuant to law in Colorado pursuant to § 22-43.7-103 (14) C.R.S. 1.26. “State Board” means the State Board of Education created and existing pursuant to section 1 of

article IX of the State Constitution. 1.27. “Statewide Assessment” means the Financial Assistance priority assessment conducted pursuant to § 22-43.7-108 C.R.S.

2. Eligibility 2.1. The following entities are eligible to apply for Financial Assistance: 2.1.1. A School District; 2.1.2. A District Charter School or individual school of a School District if the school applies through the School District in which the school is located. The School District shall forward the Application from a Charter School or individual school of a School District to the Division with its comments; 2.1.3. An Institute Charter School; 2.1.4. A Board of Cooperative Educational Services (BOCES); 2.1.5. The Colorado School for the Deaf and Blind. 2.2. The Board may only provide Financial Assistance for a Project for a Public School Facility that the Applicant owns or will have the right to own in the future under the terms of a lease-purchase agreement with the owner of the facility or a sublease-purchase agreement with the state entered into pursuant to § 22-43.7-110(2) C.R.S. 2.3. The Board, with the support of the Division and subject to the approval of the State Board and the lessor of the property, may provide financial assistance as specified in this section to an applicant that is operating or will operate in the next budget year in a leased facility that is: 2.3.1. Listed on the state inventory of real property and improvements and other capital assets maintained by the Office of the State Architect pursuant to § 24-30-1303.5, C.R.S.; or 2.3.2. State-owned property leased by the State Board of Land Commissioners, described in § 36-1-101.5, C.R.S., to the applicant. 2.3.3. An award of financial assistance must be used to preserve or enhance the value of stateowned, leased property. 2.4. The Board may only provide financial assistance for a capital construction project for a public school in existence for at least three years at any time before the Board receives an application for financial assistance. 2.5. For a BEST Emergency Grant, the Applicant shall be operating in the Public School Facility for which Financial Assistance is requested.

3. Assistance Board 3.1. Conflict of Interest 3.1.1. In regard to Board members providing information to potential Applicants: 3.1.1.1. Board members shall exercise caution when responding to requests for information regarding potential Applications, especially in regard to questions that may increase the chances that the Board would give a favorable recommendation on an Application or Project. 3.1.2. If a potential or actual conflict of interest occurs with a Board member, the Board member will complete a Conflict of Interest disclosure form and it will be presented at the following CCAB meeting. The Division shall document the date of the disclosure, the name of the board member and conflict disclosed, and the documented disclosure shall be retained and made available at all board meetings which evaluation of applications or voting occurs. 3.1.3. Board members, and their firms, shall not present their position on the Board to School Districts, Charter Schools, Institute Charter Schools, BOCES, or the Colorado School for the Deaf and Blind as an advantage for using their firm over other firms in a bid to provide services on any capital construction project. 3.1.4. In regard to Board members avoiding potential conflicts of interest in evaluation of and voting on Applications: 3.1.4.1. If a Board member’s firm has no prior involvement regarding the Project included in an Application and the Board member does not have a direct or indirect substantial financial interest in an Application, the Board member may appropriately vote on the Application, but may not bid or work on the Project. The Board member’s firm may bid or work on the Project, so long as the Board member plays no role in the entire procurement process and the Board member discloses any conflict of interest; 3.1.4.2. No Board member shall participate in the Board’s evaluation process, including voting, for any Application when the Board member has a direct or indirect substantial financial interest in the Project or Application or the Board member’s firm has had prior involvement with the Applicant directly related to the Project or Application; 3.1.4.3. At all times Board members must exercise judgment and caution to avoid conflicts of interest and/or appearance of impropriety, and should inform the Division staff of any questionable situation that may arise. A Board member may recuse himself or herself from any vote. 3.1.4.4. Board members shall be aware of and comply with the Colorado Code of Ethics, § 24-18-108.5(2), C.R.S., and shall not perform any official act which may have a direct economic benefit on a business or other undertaking in which the member has a direct or substantial financial interest. 3.1.4.4.1. A financial interest means a substantial interest held by an individual which is (i) an ownership interest in a business, (ii) a creditor interest in an insolvent business, (iii) an employment or prospective employment for which negotiations have begun, (iv) an ownership interest in real or personal property, (v) a loan or any other, or (vi) a directorship or officer ship in a business. 3.1.4.4.2. An official action means any vote decision, recommendation, approval, disapproval or other action, including inaction, which involves the use of discretionary authority. 3.1.5. In cases where a Board member has violated the conflict of interest policy as determined by the board chair, the Division Director will notify the Board member’s appointing

authority of the violation in writing. In the event of a conflict involving the board chair, the vice-chair will make the determination.

4. Matching Requirement 4.1. Except as provided below in section 4.2, Financial Assistance may be provided only if the Applicant provides Matching Moneys in an amount equal to a percentage of the total cost of the Project determined by the Board after consideration of the Applicant’s financial capacity, based on the following factors: 4.1.1. With respect to a School District's Application for Financial Assistance: 4.1.1.1. The School District's assessed value per pupil relative to the state average; 4.1.1.2. The School District's median household income relative to the state average; 4.1.1.3. The total dollar amount of all school district mills, per capita, relative to the statewide average; 4.1.1.4. The percentage of pupils enrolled in the School District who are eligible for free or reduced-cost lunch; 4.1.1.5. The school district's current available bond capacity remaining; and 4.1.1.6. The amount of effort put forth by the School District to obtain voter approval for a ballot question for bonded indebtedness, including but not limited to, a ballot question for entry by the district into a sublease-purchase agreement of the type that constitutes an indebtedness of the district pursuant to § 22-32-127 C.R.S., during the ten years preceding the year in which the district submitted the Application, which factor may be used only to reduce the percentage of Matching Moneys required from a district that has put forth such effort and not to increase the amount of Matching Moneys required from any district; 4.1.1.7. A School District shall not be required to provide any amount of Matching Moneys in excess of the difference between the School District's limit of bonded indebtedness, as calculated pursuant to § 22-42-104 C.R.S., and the total amount of outstanding bonded indebtedness already incurred by the School District. 4.1.2. With respect to a Board of Cooperative Education Services' Application for Financial Assistance: 4.1.2.1. The average assessed value per pupil of all members of the Board of Cooperative Education Services participating in the Project relative to the state average; 4.1.2.2. The average median household income of all members of the Board of Cooperative Education Services participating in the Project relative to the state average; 4.1.2.3. The average total dollar amount of all school district mills, per capita, of all members of the Board of Cooperative Education Services participating in the Project relative to the statewide average; 4.1.2.4. The percentage of pupils enrolled in the member schools within the Board of Cooperative Education Services that are participating in the Project who are eligible for free or reduced-cost lunch; 4.1.2.5. The average available bond capacity remaining of all members of the board of cooperative services participating in the capital construction project; 4.1.2.6. The amount of effort put forth by the members of the Board of Cooperative Education Services to obtain voter approval for a ballot question for bonded indebtedness, including but not limited to a ballot question for entry by any member into a sublease-purchase agreement of the type that constitutes an indebtedness of the member pursuant to § 22-32-127 C.R.S., during the ten years preceding the year in which the Board of Cooperative Education Services submitted the Application, which factor may be used only to reduce the percentage of Matching Moneys required from a Board of Cooperative Education Services whose members, or any of them, have put forth such effort and not to increase the amount of Matching Moneys required from any Board of Cooperative Education Services. 4.1.3. With respect to a Charter School's Application for Financial Assistance: 4.1.3.1. For a district charter school that is occupying a district facility and paying only the direct costs of occupancy for its facility pursuant to § 22-30.5-104 (7)(c) C.R.S., the match percentage of the district charter school's authorizing district; 4.1.3.2. For district charter schools that are not included in subsection 4.1.3.1 of this

section, seventy-five percent of the match percentage of the district charter school's authorizing school district; or 4.1.3.3 Fifty percent of the average match percentages for all school districts in the state for an institute charter school; 4.1.3.4. Whether a district charter school’s authorizer retains no more than ten percent of it’s capacity to issue bonds; 4.1.3.5. In the ten years preceding the year in which the charter school submits the application, the number of times the charter school has sought or been afforded: 4.1.3.5.1. Grant funding for capital needs from a source other than the assistance fund; and 4.1.3.5.2 Funding, including financing for capital construction, other than state aid pursuant to section § 22-54-124 C.R.S. from any other source; 4.1.3.6. If the charter school is a district charter school, the student enrollment of the district charter school as a percentage of the student enrollment of the charter school’s authorizing school district and; 4.1.3.7 The percentage of students enrolled in the charter school who are eligible for the federal free and reduced-cost lunch program in relation to the overall percentage of students enrolled in the public schools in the State who are eligible for the federal free and reduced-cost lunch program. 4.1.3.8 The match percentage for a charter school calculated based on the above criteria shall not be higher than the highest match percentage for a school district, or lower than the lowest match percentage for a school district, in the same grant cycle. 4.2. Waiver or reduction of Matching Moneys 4.2.1. An Applicant may apply to the Board for a waiver or reduction of the Matching Moneys requirement. Such application shall discuss unique issues demonstrating why the percentage is not representative of the Applicant’s current financial state. The Board may grant a waiver or reduction if it determines: 4.2.1.1. That the waiver or reduction would significantly enhance educational opportunity and quality within a School District, Board of Cooperative Education Services, or Applicant school, 4.2.1.2. That the cost of complying with the Matching Moneys requirement would significantly limit educational opportunities within a School District, Board of Cooperative Education Services, or Applicant school, or 4.2.1.3. That extenuating circumstances deemed significant by the Board make a waiver appropriate. 4.2.2. An applicant must complete a waiver application and submit it to the Board in conjunction with their grant application. The waiver application shall explain issues and impacts in detail, including dollar amounts of the issues and impacts, and demonstrate why each of the factors used to calculate their Matching Moneys percentage are not representative of their actual financial capacity. The Board will determine the merit of the waiver by evaluating each wavier application using the prescribed wavier application evaluation tool. 4.3. Charter School matching moneys Loan Program. 4.3.1. The Charter School matching moneys Loan Program will assist Eligible Charter Schools in obtaining the Matching Moneys requirement for an award of Financial Assistance pursuant to 22-43.7-109 C.R.S. 4.3.2. An Eligible Charter School that chooses to seek a loan through the Loan Program shall apply to the Board to receive a loan. 4.3.3. To be an Eligible Charter School for the Loan Program means a Charter School that is described in § 22-30.5-104 or an Institute Charter School as that term is defined in § 22- 30.5-502 has a stand-alone credit assessment or rating of at least investment grade by a nationally recognized rating agency at the time of issuance of any qualified Charter School bonds on behalf of the Charter School by the Colorado educational and cultural facilities authority pursuant to the “Colorado Educational and Cultural Facilities Authority Act”, article 15 of title 23, C.R.S., and that has been certified as a qualified Charter School by the State Treasurer. 4.3.4. The Board may approve a loan for an Eligible Charter School in an amount that does not exceed fifty percent of the amount of Matching Moneys calculated for the Eligible Charter School pursuant to 22-43.7-109(9)(c) C.R.S. 4.3.5. If a loan is approved by the Board the project will be considered as a BEST Lease- Purchase project pursuant to 22-43.7-110.5(2)(b)C.R.S., and the proposed project must be one that is financeable. 4.3.6. The Board shall direct the State Treasurer to include the amount of a loan approved pursuant to the terms in the Lease-Purchase agreement entered into pursuant to 22- 43.7-110 (2) C.R.S. to provide Financial Assistance to the Eligible Charter School for which the loan is approved. 4.3.7. Charter School Loan Program application 4.3.7.1. An application for a loan shall include: 4.3.7.1.1. Basic contact information, justification for seeking a BEST loan and documentation of a stand-alone credit assessment or rating of at least investment grade by a nationally recognized rating agency for the Charter School; 4.3.7.1.2. Identify the Charter Schools current facilities and indicate if those facilities are owned, leased or in a lease-purchase agreement; 4.3.7.1.3. A current credit disclosure statement along, any business notes payable or reviews, notices or warnings from the Charter School’s authorizer; 4.3.7.1.4. Financial information to include internal financial statements, CPA Audits and IRS 990’s for the previous three years. Detailed operating budget for the current and next year. The Charter School’s projected operating budget for the next five years. Enrollment figures for the previous three years, the current year and the following three years; 4.3.7.1.5. CDE listed minimum match requirement for the BEST grant; 4.3.7.1.6. Amount of total match provided by the Charter School for the BEST grant; 4.3.7.1.7. Amount of the loan request for the BEST grant; 4.3.7.1.8. A loan application from a Charter School shall include signatures of the District Superintendent, School Board Officer, and the Charter School Director; 4.3.7.1.9. A loan application from an Institute Charter School shall include signatures of the Charter School Institute Director and the Institute Charter School Director; 4.3.7.1.10. Applications that are incomplete may be rejected without further review. 4.3.8. Charter School Loan Program deadline for submission 4.3.8.1. The loan application, along with any supporting material, shall be submitted with the BEST grant application on or before the BEST grant application due date. 4.3.8.2. An application will not be accepted unless it is received in the Board office by 4:30 p.m. on or before the deadline date determined by the board. 4.3.8.3. The Board may, in its sole discretion and upon a showing of good cause in written request from an Applicant, extend the deadline for filing an Application. 4.3.9. To receive a loan through the Loan Program, an Eligible Charter School shall: 4.3.9.1. Authorize the State Treasurer to withhold moneys payable to the Eligible Charter School in the amount of the loan payments pursuant to 22-30.5-406 C.R.S.; 4.3.9.2. Pay an interest rate on the loan that is equal to the interest rate paid by the State Treasurer on the Lease-Purchase agreement entered into pursuant to 22-43.7- 110 C.R.S. to provide Financial Assistance to the Eligible Charter School for which the loan is approved; 4.3.9.3. Amortize the loan payments over the same period in years as the Lease- Purchase agreement entered into pursuant to 22-43.7-110 C.R.S. to provide Financial Assistance to the Eligible Charter School for which the loan is approved; except that the Eligible Charter School may pay the full amount of the loan early without incurring a prepayment penalty; and 4.3.9.4. Create an escrow account for the benefit of the state with a balance in the amount of six months of loan payments.

5. Applications 5.1. Deadline for submission 5.1.1. Except as provided below, Applications shall be filed with the Board on or before a date determined by the Board. 5.1.2. An Application will not be accepted unless it is received in the Board office by 4:00 p.m. on or before the deadline date determined by the Board. This does not apply to an Application in connection with a Public School Facility Emergency; 5.1.3. The Board may, in its sole discretion and upon a showing of good cause in a written request from an Applicant, extend the deadline for filing an Application. 5.2. The Board prefers Applications to be in electronic form, but one hard copy to the Board office is acceptable. Each Application shall be in a form prescribed by the Board and shall include, but not be limited to, the following (with supporting documentation): 5.2.1. A description of the scope and nature of the Project; 5.2.2. A description of the architectural, functional, and construction standards that are to be applied to the Project that indicates whether the standards are consistent with the Construction Guidelines and provides an explanation for the use of any standard that is not consistent with the Construction Guidelines; 5.2.3. The estimated amount of Financial Assistance needed for the Project and the form and amount of Matching Moneys that the Applicant will provide for the Project; 5.2.4. If the Project involves the construction of a new Public School Facility or a major renovation of an existing Public School Facility, a demonstration of the ability and willingness of the Applicant to renew the Project over time that includes, at a minimum, the establishment of a capital renewal budget and a commitment to make annual contributions to a Capital Renewal Reserve within a School District's capital reserve fund or any functionally similar reserve fund separately maintained by an Applicant that is not a School District; 5.2.5. If the Application is for Financial Assistance for the renovation, reconstruction, expansion, or replacement of an existing Public School Facility, a description of the condition of the Public School Facility at the time the Applicant purchased or completed the construction of the Public School Facility and, if the Public School Facility was not new or was not adequate at that time, the rationale of the Applicant for purchasing the Public School Facility or constructing it in the manner in which it did; 5.2.6. A statement regarding the means by which the Applicant intends to provide Matching Moneys required for the project, including but not limited to voter-approved multiple-fiscal year debt or other financial obligations, utility cost savings associated with any utility costs-savings contract, as defined in § 24-30-2001 (6), gifts, grants, donations, or any other means of financing permitted by law, or the intent of the Applicant to seek a waiver of the Matching Moneys requirement. If an Applicant that is a School District or a Board of Cooperative Educational Services with a participating School District intends to raise Matching Moneys by obtaining voter approval to enter into a sublease-purchase agreement that constitutes an indebtedness of the district as pursuant to § 22-32-127 C.R.S., it shall indicate whether it has received the required voter approval or, if the election has not already been held, the anticipated date of the election; 5.2.7. A description of any efforts by the Applicant to coordinate Capital Construction projects with local governmental entities or community-based or other organizations that provide facilities or services that benefit the community in order to more efficiently or effectively provide such facilities or services, including but not limited to a description of any financial commitment received from any such entity or organization that will allow better leveraging of any Financial Assistance awarded; 5.2.8. If deemed relevant by the applicant, a statement of the applicant’s annualized utility costs, including electricity, natural gas, propane, water, sewer, waste removal, telecommunications, internet, or other monthly billed utility services, and the amount of any reduction in such costs expected to result if the applicant receives financial assistance; 5.2.9. A copy of any existing Master Plan or facility assessment relating to the facility(ies) for which Financial Assistance is sought; 5.2.10. If the Application is for Financial Assistance for either the construction of a new Public School Facility that will replace one or more existing Public School Facilities or the reconstruction or expansion of an existing Public School Facility and if the Applicant will stop using an existing Public School Facility for its current use if it receives the Grant, the Applicant will include a plan for the future use or disposition of the existing Public School Facility and the estimated cost of implementing the plan. 5.2.11. Any other information that the Board may require for the evaluation of the project; 5.2.12. An Application from a School District shall include signatures of the Superintendent and a District Board Officer; 5.2.13. An Application from a Charter School shall include signatures of the District Superintendent, School Board Officer, and the Charter School Director; 5.2.14. An Application from an Institute Charter School shall include signatures of the Charter School Institute Director and the Institute Charter School Director; 5.2.15. An Application from a Board of Cooperative Educational Services shall include signatures of the BOCES Director and a BOCES Board Officer; 5.2.16. An Application from the Colorado School for the Deaf and Blind shall include signatures of the Colorado School for the Deaf and Blind Director and a Colorado School for the Deaf and Blind Board Officer. 5.3. BEST Lease-Purchase Funding 5.3.1. In addition to the information required in section 5.2 above, the Applicant shall agree to provide any necessary documentation related to securing the lease-purchase agreement. 5.4. BEST Emergency Grants 5.4.1. Applicant shall contact the Division by phone, fax, or email. Appropriate follow up documentation will be determined based on type and severity of emergency, including financial need. 5.4.2. In the event the Governor declares a disaster emergency, pursuant to § 24-33.5-704(4)

C.R.S., the Division shall, as soon as possible following the declaration of the disaster emergency, contact each affected school facility in any area of the State in which the Governor declared the disaster emergency to assess any facility needs resulting from the declared disaster emergency. 5.4.2.1. The Division must report its findings to the Board as soon as possible following its outreach. 5.4.2.2. In determining whether to recommend to the State Board that Emergency Financial Assistance be provided, the Board shall consider the findings that the Division provided to the Board. 5.4.3. The Board shall meet within fifteen days of receiving the Application for a BEST Emergency Grant to determine whether to recommend to the State Board that emergency Financial Assistance be provided, the amount of any assistance recommended to be provided, and any conditions that the Applicant shall meet to receive the assistance. 5.5. Applications that are incomplete may be rejected without further review. 5.6. The Board may request supplementation of an Application with additional information or supporting documentation.

6. Application Review 6.1. Time for Review 6.1.1. The Board, with the support of the Division, will review the Applications; 6.1.2. The Board will submit the prioritized list of Projects to the State Board for which the Board is recommending Financial Assistance according to the timeline established by the Board; 6.1.3. In the case of Financial Assistance that involves lease-purchase agreements, the prioritized list is subject to both the preliminary approval of the state board and the final approval of the capital development committee. 6.1.4. The Board may, in its discretion, extend these deadlines. 6.2. The Board, taking into consideration the Statewide Financial Assistance Priority Assessment, conducted pursuant to § 22-43.7-108 shall prioritize and determine the type and amount of the grant or matching grant for Applications for Projects deemed eligible for Financial Assistance based on the following criteria, in descending order of importance: 6.2.1. Projects that will address safety hazards or health concerns at existing Public School Facilities, including concerns relating to Public School Facility security, and projects that are designed to incorporate technology into the educational environment 6.2.2. As used in § 22-43.7-109(5)(a)(1), “technology” means hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher. 6.2.2.1. In prioritizing an Application for a Public School Facility renovation project that will address safety hazards or health concerns, the Board shall consider the condition of the entire Public School Facility for which the project is proposed and determine whether it would be more fiscally prudent to replace the entire facility than to provide Financial Assistance for the renovation project. 6.2.3. Projects that will relieve overcrowding in Public School Facilities, including but not limited to projects that will allow students to move from temporary instructional facilities into permanent facilities, and. 6.2.4. Projects that will provide career and technical education capital construction in public school facilities; and 6.2.5 Projects that assist public schools to replace prohibited American Indian mascots as required by Section 22-1-133 6.2.6. All other projects. 6.2.7. Among other considerations, the Board may take into account the following in reviewing Applications: 6.2.7.1. The amount of the matching contribution being provided in excess of or less than the minimum; 6.2.7.2. Whether the Applicant has been placed on financial watch by the Colorado Department of Education; 6.2.7.3. Overall condition of the Applicant’s existing facilities; 6.2.7.4. The project cost per pupil based on number of pupils affected by the proposed Project; 6.2.7.5. The project life cycle. 6.2.7.6. The Public School Facility’s Facility Condition Index (FCI), Colorado Facility Index (CFI), school priority score and construction guidelines score. 6.2.7.7. The Applicants ability to help itself, including available bonding capacity, planning and criteria in sections 4.1.1 or 4.1.2 or 4.1.3. 6.3. Additional actions the Board may take when reviewing an Application: 6.3.1. The Board may modify the amount of Financial Assistance requested or modify the amount of Matching Moneys required; and 6.3.2. The Board may recommend funding a Project in its entirety or recommend a partial award to the Project; 6.3.2.1. If a Project is partially funded a written explanation will be provided. 6.3.2.2. If the Board recommends partial funding for a Project and the Applicant declines such funding, the Board will deem the Applicant to have withdrawn its Application. 6.4. The Board shall submit to the State Board the prioritized list of Projects. 6.4.1. The prioritized list shall include the Board’s recommendation to the State Board as to the amount of Financial Assistance to be provided to each Applicant approved by the Board to receive funding and whether the assistance should be in the form of a BEST Cash Grant, BEST Lease-purchase Funding or a BEST Emergency Grant. 6.4.2. When funding State Board-approved alternate Projects, the Board may offer funding to a Project in its entirety or may offer a partial award, based on available appropriations. If the Board offers partial funding to a Project and the Applicant declines such funding, the Board will deem the Applicant to have withdrawn solely for purposes of allowing the nexthighest priority alternate Projects to be funded. 6.5. In considering the amount of each recommended award of Financial Assistance, the Board shall seek to be as equitable as practical in considering the total financial capacity of each Applicant.

7. BEST Lease-purchase Funding 7.1. Subject to the following limitations, the Board may instruct the State Treasurer to enter into leasepurchase agreements on behalf of the state to provide Lease-purchase Funding for Projects for which the State Board has authorized provision of Financial Assistance. 7.2. Whenever the State Treasurer enters into a lease-purchase agreement pursuant to § 22-43.7-110 C.R.S., the Applicant that will use the facility funded with the Lease-purchase Funding shall enter into a sublease-purchase agreement with the state that includes, but is not limited to, the following requirements: 7.2.1. The Applicant shall perform all the duties of the state to maintain and operate the Public School Facility that are required by the lease-purchase agreement; 7.2.2. The Applicant shall make periodic rental payments to the state, which payments shall be credited to the Assistance Fund as Matching Moneys of the Applicant; 7.2.3. Ownership of the Public School Facility shall be transferred by the state to the Applicant upon fulfillment of both the state’s obligations under the lease-purchase agreement and the Applicant’s obligations under the sublease-purchase agreement.

8. Payment and Oversight 8.1. Payment. 8.1.1. All Cash Grant Financial Assistance Grantees must sign a grant contract with CDE outlining the terms and conditions associated with the Financial Assistance. 8.1.2. All Financial Assistance awarded is expressly conditioned on the availability of funds. 8.1.3. Payment of Financial Assistance will be on a draw basis. As a Grantee expends funds on a Project, the Grantee may submit a request for funds to the Division on a fund request form provided by the Division. The fund request shall be accompanied by copies of invoices from the vendors for which reimbursement is being requested and any other documentation requested by the Division. 8.1.3.1. The Division will review the fund request and make payment. Payments will only be made for work that is included in the Project scope of work defined in the Application. 8.1.3.2. If the Grantee is a School District, request for payment shall come from the School District. Requests will not be accepted from individual School District schools. 8.1.3.3. If the Grantee is a District Charter School, request for payment shall come from the School District. Payment shall be made to the School District and the School District shall make payment to the charter school. The School District may not retain any portion of the moneys for any reason. 8.1.3.4. If the Grantee is an Institute Charter School, request for payment shall come from the Charter School Institute and the Charter School Institute shall make payment to the Institute Charter School. Payment shall be made directly to the Charter School Institute. 8.1.3.5. If the Grantee is a Board of Cooperative Educational Services, request for payment shall come from the Board of Cooperative Educational Services.

Requests will not be accepted from individual Board of Cooperative Educational Services schools. 8.1.3.6. If the Grantee is the Colorado School for the Deaf and Blind, request for payment shall come from the Colorado School for the Deaf and Blind. 8.1.4. Payment of BEST Lease-purchase Funding will be determined by the terms of the leasepurchase agreement and any subsequent sublease-purchase agreements. 8.2. Oversight 8.2.1. When a Grantee completes Project, it shall submit a final report to the Division on a Division provided form before final payment will be made. Once the final report is submitted and final payment is made, the Project shall be considered closed. 8.2.2. If a Grantee has not used all Financial Assistance on a closed out BEST Cash Grant, the unused balance will be returned to the Assistance Fund. 8.2.3. If a Grantee has not used all Financial Assistance on a closed out Lease-Purchase Grant, the unused balance will be treated in accordance with the Board policy on returning Matching Moneys. 8.2.4. The Division may make site visits to review Project progress or to review a completed Project; 8.2.5. The Division may require a Grantee to hire additional independent professional construction management to represent the Applicant’s interests, if the Division deems it necessary due to the size of the Project, the complexity of the Project, or the Grantee’s ability to manage the Project with Grantee personnel. 8.2.6. Upon completion of a new school, major renovation or addition Project, the Grantee shall affix a permanent sign that reads: “Funding for this school was provided through the Building Excellent Schools Today Program from local matching dollars, Colorado State Land Board, School Trust Lands, the Colorado Lottery, and excise taxes.” with modifications if waived in writing by the Division.

9. Technical Consultation 9.1. The Division will provide technical consultation and administrative services to School Districts, Charter Schools, Institute Charter Schools, BOCES and the Colorado School for the Deaf and Blind. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 11/19/2008; expired 02/19/2009.

Entire rule eff. 03/30/2009.

Entire rule eff. 12/30/2009.

Entire rule eff. 08/14/2011.

Entire rule eff. 12/30/2012.

Entire rule eff. 05/15/2014.

Rules 3.1.3-3.1.4, 4.3.8.3, 5.4, 8.1.5 eff. 01/30/2015. Rule 6.1.5 repealed eff. 01/30/2015.

Rules 1.13, 1.14, 2.3-2.5, 6.2.1-6.2.4.7, 8.1.3.5, 8.1.5 eff. 11/30/2016.

Rules 1.11, 2.31, 2.32, 3.1.4.4, 4.3.3, 5.2.6, 5.2.8-5.2.15, 5.4.2, 6.2 eff. 12/30/2017.

Rules 5.2.10-5.2.16, 8.2.6 eff. 01/30/2019.

Rules 6.24-6.26 eff. 01/01/2020.

Rules 6.25-6.2.7.7 eff. 04/30/2022.

Rules 6.3.1-6.3.2.2, 6.4-6.4.2 eff. 01/14/2023. Rules 8.1.5-8.1.5.3 repealed eff. 01/14/2023.

Rule 4.1 eff. 12/15/2023.

304 Facility Schools Board

1 CCR 304-1 Rules for the Administration of the Facility Schools Act {#sec-1-ccr-304-1 omnilex-key=us-co-regs-official--department-4--1 CCR 304-1}

DEPARTMENT OF EDUCATION

RULES FOR THE ADMINISTRATION OF THE FACILITY SCHOOLS ACT

1 CCR 304-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Statutory Authority: Sections § 22-2-406 and § 22-2-407, C.R.S.

222-R-1.00 STATEMENT OF BASIS AND PURPOSE 1.01 The statutory authority for the promulgation of these rules is found in Article 2 of Title 22, C.R.S. sections 406 and 407. 1.01(1) Section 22-2-406 C.R.S. requires the Facility Schools Board to promulgate rules to establish procedures by which a student who participates in an Approved Facility School may apply to receive a high school diploma awarded by the Facility Schools Board. The Facility Schools Board is also required to establish by rule the graduation requirements that a student receiving educational services through an Approved Facility School shall meet to be awarded the facility school’s high school diploma. The Facility Schools Board shall also promulgate rules for the creation and maintenance of a list of schools that are authorized to operate as specialized day schools and are approved as facility schools to receive reimbursement for providing educational services to students placed in the specialized day school. 1.01(2) Section 22-2-407, C.R.S. requires the Facility Schools Board to promulgate rules for the creation and maintenance of a list of Approved Facility Schools to receive reimbursement for providing educational services to students placed in the facility. The rules shall include: the procedures by which a facility school may apply for approval; the information that each facility school shall provide in the application; the reporting requirements for Approved Facility Schools; the criteria that a facility school shall meet to be placed on the list of Approved Facility Schools; requirements for maintenance of the school approval; and any additional rules as may be necessary for the implementation of the approval process.

222-R-2.00 DEFINITIONS 2.1 Approved Facility School. “Approved Facility School” means an educational program that is operated by a facility to provide educational services to students placed in the facility and that has been placed on the list of facility schools that are approved to receive reimbursement for providing educational services to students placed in a facility. 2.2 Eligible Facility. “Eligible Facility” means a day treatment center, residential childcare facility, or other facility licensed by the Department of Human Services pursuant to § 26-6-905, C.R.S. or hospital licensed by the Department of Public Health and Environment pursuant to § 25-1.5- 103, C.R.S., or a Specialized Day School authorized by the Office. 2.3 Facility Schools Board. “Facility Schools Board” means the seven-member board established pursuant to § 22-2-404, C.R.S. to adopt curriculum standards and accountability measures, and promulgate rules regarding graduation requirements and procedures for the approval process of facility schools. The Facility Schools Board is also charged with issuing high school diplomas for those students who have met graduation requirements established by the board. It may also make recommendations regarding other pertinent issues related to Approved Facility Schools in accordance with § 22-2-406 (2), C.R.S. 2.4 Office of Facility Schools. “Office” means the Office of Facility Schools created within the Colorado Department of Education pursuant to § 22-2-403, C.R.S. 2.5 Public Entity. “Public entity” means a public entity responsible for referring students to or placing students in out-of-home, day treatment, residential treatment, hospital, and specialized day school placements with providers. 2.6 Specialized Day School. “Specialized Day School” means a school that serves students who are referred to or placed by a Public Entity or placed in a specialized day school by a hospital, healthcare provider, behavioral health provider, case management service, court, division of youth services, school district, county department of human or social services, or other state agency because the students’ behavioral and educational needs are beyond the capacity of the students’ current educational placement due to the severity of the students’ needs or the requirement for highly specialized programming. 2.7 State Board of Education. “State Board of Education” or “State Board” means the State Board of Education created and existing pursuant to section 1 of article IX of the state constitution.

222-R-3.00 ADMINISTRATION 3.1 Authorization as a Specialized Day School 3.01(1) An applicant seeking authorization as a specialized day school must submit the following documentation to the Office: 3.01(1)(a) Proof of successful health, fire, and safety inspections, as evidenced by a letter or certificate issued by the applicable inspection entity. The applicant is responsible for contacting the applicable inspection entity to arrange for inspections. 3.01(1)(b) City and county zoning approval to operate the specialized day school, as required by applicable city and county regulations, evidenced by a letter or certificate issued by the applicable zoning entity. The applicant is responsible for contacting and partnering with the applicable zoning entity to arrange for zoning approval. 3.01(1)(c) For any employee not licensed pursuant to Article 60.5 of Title 22, confirmation of a Colorado Bureau of Investigation (CBI), Federal Bureau of Investigation (FBI), and registered sex offender background check procured through a process developed between the eligible facility and CBI. 3.01(1)(d) Records demonstrating that the applicant has a written policy for tracking and reporting incidents including but not limited to, emergency calls (medical or law enforcement), physical managements, injuries, threats to self or others, safety concerns, and missed medications. Such a policy shall specify where reports are to be made (e.g., the county department of human services and school districts, when applicable) and follow all state and federal mandatory child abuse reporting requirements. 3.01(1)(e) Records demonstrating that all educational staff are licensed by the Colorado Department of Education pursuant to Article 60.5 of Title 22 of the Colorado Revised Statutes. 3.01(2) The Office will conduct an onsite visit to evaluate the physical site and inspect documentation related to the requirements of section 3.01(1) of these rules, above. 3.01(3) The Office will have 30 days to review the completed application and conduct a site visit.

If all requirements have been met and demonstrated, the Office will present its findings to the Facility Schools Board for review at the next regularly scheduled meeting. Following its presentation to the Facility Schools Board, the Office will formally authorize the facility as a specialized day school and provide written notice of authorization within 30 days following the Facility Schools Board meeting. 3.01(4) Renewal of Specialized Day School Authorization. After initial authorization, the Office shall periodically review each specialized day school to determine whether it continues to maintain records demonstrating compliance in the areas described in section 3.01(1) of these rules. Specialized day schools must keep relevant documentation on file available for inspection. 3.2 Minimum Standards for Approved Facility Schools 3.02(1) Criteria for Approved Facility Schools The purpose of the facility school approval process is to allow an Eligible Facility to receive public education funding for educational services provided to students. 3.02(2) To qualify as an Approved Facility School program, an Eligible Facility shall meet the following criteria: 3.02(2)(a) Prior licensing by appropriate state agencies:

An Eligible Facility must be licensed by the Colorado Department of Human Services as a Residential Child Care Facility, Day Treatment program or other facility; or must be licensed as a hospital by the Colorado Department of Public Health and Environment; or must be authorized by the Office as a Specialized Day School. 3.2(2)(b) Employment of Sufficient Qualified Staff To qualify for approval, the Eligible Facility shall employ sufficient qualified administrative, instructional and support staff to plan for and provide services for all children including those who are determined to have a disability; 3.02(2)(c) Employment of Special Education Director To qualify for approval, each Eligible Facility shall employ or contract in writing, on at least a part-time basis, with a Director of Special Education who meets the qualification standards established by ECEA Rules, 1 CCR 301-8, Section 3.04(1)(d) and any other relevant rules promulgated by the State Board of Education; 3.02(2)(d) Implementation of a Comprehensive Plan for Provision of Special Education To qualify for approval, each Eligible Facility shall develop and implement a comprehensive plan approved by the Eligible Facility's governing body, which must include educational policies and procedures, a description of the purpose, vision and mission of the Eligible Facility, a description of the population to be served, demonstration of appropriately qualified education staff if serving students with disabilities, policies to ensure least restrictive environment requirements, as defined in section 22-20-103(18) C.R.S., are met in placing any students, and a description of the curriculum that will be implemented; 3.02(2)(e) To qualify for approval, an Eligible Facility shall agree in writing to implement the Individual Career and Academic Plan requirements outlined in

section 4.0 of these rules and the graduation requirements outlined in section 5.0 of these rules; 3.02(2)(f) To qualify for approval, an Eligible Facility shall agree in writing to comply with the accountability and accreditation measures adopted by the Facility Schools Board; 3.02(2)(g) To qualify for approval, an Eligible Facility shall comply with reporting and records tracking requirements specified by the Office; and 3.01(2)(h) To qualify for approval, an Eligible Facility shall agree to carry out the duties and responsibilities identified in these Rules. 3.3 Procedures and Application for Approval 3.03(1) Once authorized as a specialized day school or licensed as a facility, a facility wishing to obtain state or federal funds to provide education services to students, including children with disabilities, must be approved by the Office. 3.03(2) Facilities wishing to establish an approved school program shall submit a letter of intent to the Office, at least ninety (90) calendar days prior to the day on which the facility is to begin providing services and/or receiving state education funding. 3.03(3) The Office shall have sixty (60) calendar days after receiving a complete application to review the application, conduct an onsite visit and present it to the Facility Schools Board. 3.03(4) If the Office determines that the facility meets state requirements as defined in 3.02 of these rules and relevant statute, the Office shall add the facility to a preliminary list of Approved Facility Schools. 3.03(5) If the Office determines that the facility is unable to meet requirements for approval, it shall notify the facility of the reasons for such findings in writing. 3.3(6) If within thirty (30) calendar days of the Office's notification of findings, the facility is unable to negotiate a satisfactory resolution of differences with the Office, the facility may utilize the appeal process outlined in these rules. 3.03(7) The Office shall present its preliminary list of Approved Facility Schools to the Facility Schools Board at one of its regularly scheduled meetings. The Facility Schools Board may request a facility to present information regarding the facility at this or another board meeting. The board shall provide input on the list of Approved Facility Schools.

Subsequently, the Office will finalize the list of Approved Facility Schools and provide written notice of the final list to all applicant facilities. 3.4 Accreditation Procedures 3.04(1) After obtaining approval pursuant to section 3.03 of these rules, an Approved Facility School shall implement accountability measures in the areas of student longitudinal academic growth, postsecondary and workforce readiness and student engagement. 3.04(2) On or before December 1, 2026, the Facility Schools Board shall review the implementation of accountability measures by an Approved Facility School that has been approved for at least one year and recommend to the Colorado State Board of Education whether to accredit the Approved Facility School. 3.04(3) If an Approved Facility School has been approved for less than one year when the Facility Schools Board conducts its review, the Approved Facility School shall have one year to implement the accountability measures before the Facility Schools Board’s review. 3.5 Maintenance of Approved Status In order to maintain approval of its school program, each Approved Facility School shall: 3.05(1) Continue to meet the initial approval requirements outlined in section 3.02(2) of these rules above; 3.05(2) Comply with the reporting and records tracking requirements established by the Office, including use of the Facility Schools Student Data System and including submission of accountability data in the areas of student achievement, student longitudinal academic growth, postsecondary and workforce readiness and student engagement; 3.05(3) Implement a curriculum consistent with the curriculum guides adopted by the Facility Schools Board; 3.05(4) Implement the Individual Career and Academic Plan requirements outlined in section 4.0 of these rules, below, and the graduation requirements outlined in section 5.0 of these rules, below; 3.05(5) Demonstrate that the Approved Facility School continues to remain accredited; ; 3.05(6) Complete and submit to the Office an annual improvement plan based on guidelines established by the Office. 3.05(7) Notify the Office, in writing in the event of: 3.05(7)(a) A change in the management or administration of the facility; 3.05(7)(b) Purchase by or merger with another agency; 3.05(7)(c) A change of educational coordinator or special education director; 3.05(7)(d) An application for a new or different license from the Department of Human Services, the loss of a license or notification of probationary status; 3.05(7)(e) A change in location or the addition of another location; 3.05(7)(f) A change of program focus; 3.05(7)(g) A change in the age of students served; 3.05(7)(h) Any increase in the number of students included in the student enrollment count reported to the Department; and 3.05(7)(i) Other factors unique to the program or situation, including planned closure. 3.6 Review of Approved Status 3.06(1) Periodic Monitoring 3.06(1)(a) The Office shall periodically monitor all Approved Facility Schools to determine compliance with the requirements outlined in section 3.02 of these rules, above. 3.06(1)(b) Monitoring procedures shall include on-site visitation and interviews. 3.06(1)(c) The Office shall issue a written report stating any matters of noncompliance and the time frame to resolve any such matters. 3.06(1)(d) The Approved Facility School shall submit a corrective action plan outlining the steps to be taken in correcting any compliance issues, including the timeframe for implementation. 3.06(2) Review of Changes and Determination of Approval Status 3.06(2)(a) In the event of any of the changes noted in section 3.05(7) of these rules, the Office shall review the pertinent information and determine whether the change impacts the approved status of the Approved Facility School. The facility shall be notified in writing of any actions which need to be taken in order to maintain approved status. 3.06(3) Revocation of Approved Status 3.06(3)(a) When a facility is found to be out of compliance with the requirements of approval, the Office may delay facility school state revenue payments until compliance is demonstrated. 3.06(3)(b) Should the Eligible Facility fail to come into compliance, the Office shall revoke the facility’s approval and notify the appropriate Administrative Units that the facility is out of compliance and that tuition cost payments should be suspended. 3.06(3)(c) Loss of the license by the appropriate state agency shall result in immediate revocation of the Approved Facility School’s approval and any corresponding tuition cost payments and facility school state revenue. The Office shall notify the Approved Facility School of such revocation in writing. If the Approved Facility School in question wishes to regain its approved status, a new application for approval must be submitted. 3.06(4) Appeal Process 3.06(4)(a) Any decision of the Office relating to the approval or revocation of approval of a facility school may be appealed by the affected entity to the Facility Schools Board within sixty (60) calendar days of the entity's receipt of the written notice from the Office. 3.06(4)(b) The Facility Schools Board shall conduct a hearing and make a determination concerning the appeal within sixty (60) days from the date of the written request. The decision of the Facility Schools Board shall be final. 3.06(4)(c) A written notice of the Facility Schools Board’s final determination concerning denial or approval shall be provided to the Eligible Facility.

222-R-4.00 RESPONSIBILITIES OF APPROVED FACILITY SCHOOLS 4.01 Career, Academic and Post Secondary Planning 4.01(1) Approved Facility Schools shall include a request for the Individual Career and Academic Plan (ICAP) document, or access to the electronic portfolio in its general records request to the students’ district of residence. 4.01(2) Approved Facility Schools shall review, revise, and contribute to the previously developed plan as appropriate. 4.01(3) If an ICAP has not yet been developed for a student who is likely to be in a facility placement for at least thirty (30) calendar days, the Approved Facility School shall initiate the planning for career, education and independent living beginning in 9th grade or earlier if appropriate. A variety of assessment tools shall be used including those that are used for transition services planning for students with disabilities. 4.01(4) The ICAP shall be developed consistent with guidance provided by the Office of Facility Schools. 4.01(5) For students identified as eligible for special education services, the ICAP shall be consistent with the transition planning process required by State Board Rules, 1 CCR 301- 8, Section 4.03(6)(d) 4.01(6) In addition to planning for career preparation, education and post-secondary training, the ICAP shall address skills for emancipation and successful independent living in the community as appropriate.

222-R-5.00 GRADUATION REQUIREMENTS AND APPLICATION FOR A HIGH SCHOOL DIPLOMA 5.1 Application 5.01(1) A student attending an Approved Facility School may apply for a high school diploma to be granted by the Facility Schools Board. 5.01(1)(a) The education staff at the Approved Facility School shall assist the student in preparing the application. 5.01(1)(b) The application shall include all pertinent information regarding coursework and credits earned, certification that graduation requirements have been met and shall be submitted using the forms and procedures established by the Office of Facility Schools. 5.01(1)(c) Specific coursework and credits required for graduation will be contained in procedures established by the Office of Facility Schools with the approval of the Facility Schools Board. 5.01(1)(d) The Office of Facility Schools shall establish a process whereby diploma applications are reviewed, transcripts evaluated, and decisions are made regarding the awarding of high school diplomas. The process shall be developed in a manner which ensures consistent implementation across all approved facility schools. 5.01(1)(e) A student may also apply for a high school diploma with one or more endorsements indicating advanced achievement in one or more of the core academic areas. Procedures for the application, evaluation and approval of diploma endorsements shall be established by the Office of Facility Schools in a manner which ensures consistency across all Approved Facility Schools. 5.2 Methods of Accruing Credits 5.02(1) Various methods of accruing credits are allowed in accordance with guidelines and procedures developed by the Office of Facility Schools, including: 5.02(1)(a) Successful completion of coursework based on semester classes; 5.02(1)(b) Successful performance on approved assessments; 5.02(1)(c) Portfolios or integrated projects according to established guidelines; 5.02(1)(d) Credit Recovery programs; 5.02(1)(e) Service Learning according to established guidelines; and 5.02(1)(f) Authorized paid or unpaid work study credit. 5.3 Wavier Process 5.03(1) A process for requesting a waiver to the graduation requirements shall be established by the Office of Facility Schools. The process shall ensure consistency across all facility schools in the review and granting of specific waivers for legitimate and documented reasons. 5.4 Earning a High School Diploma from a Colorado School District. 5.04(1) When secondary aged students are placed in an Approved Facility School, the Approved Facility School shall request transcripts from previous educational placements and review credits earned against the requirements of the student’s district of residence. 5.04(2) If it is likely that the student will be transitioning back to a school district prior to graduation, or if the student and/or parent prefers to seek a diploma from the student’s district of residence, the education staff at the Approved Facility School shall assist the student in working with the district or other entity in that process by compiling credit information, providing transcripts and other pertinent information and by assisting with the request for a credit review from the district as appropriate. 5.04(3) In all such cases, the policies and procedures of that school district shall be followed. 5.04(4) A decision regarding whether or not a student may earn a diploma from a particular district always lies with that district. 5.5 Graduation Ceremonies Diplomas shall be awarded in graduation ceremonies either at the individual facility or in group events at the discretion of the Approved Facility School and the Office of Facility Schools. 5.6 Training The Office of Facility Schools shall provide appropriate training opportunities related to all aspects of the graduation and diploma process. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/30/2011.

Entire rule eff. 01/30/2024.