Appendix: Legislative Authority

* 26.5-4-203(14), C.R.S. "Preschool provider" means any of the following entities that are licensed pursuant to part 3 of article 5 of this title 26.5:

(a) A family child care home, as defined in section 26.5-5-303;
(b) A child care center, as defined in section 26.5-5-303;
(c) A school district licensed to operate as a public preschool provider;
(d) A charter school licensed to operate as a public preschool provider; or
(e) A head start 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)(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.

Exceptional Children's Education Act

Additional ECEA Rules regarding the responsibilities of AUs

ECEA -2.02 Administrative Unit (AU) … that is providing educational services to exceptional children and that is responsible for the local administration of these Rules

ECEA Special Education and Related Service are

2.19 (1) provided at public expense, under public supervision and direction, and without charge;

ECEA 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.

ECEA 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.