1 Colo. Code Regs. § 304-1.222-R-3.00

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 1 CCR 304-1.222-R-3.00 - ADMINISTRATION

3.01 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.

3.02Minimum 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.

3.02(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

3.02(2)(h) To qualify for approval, an Eligible Facility shall agree to carry out the duties and responsibilities identified in these Rules.

3.03Procedures 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.

3.03(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.

3.04Accreditation 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.

3.05Maintenance 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.

3.06Review 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 non-compliance 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.

1 CCR 304-1.222-R-3.00

47 CR 01, January 10, 2024, effective 1/30/2024