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Appendix: Legislative Authority
Handbook Contents
- Overview Page
- CDE-Verified List of Preschool Providers Eligible to Serve Children with IEPs
- Preschool Programs Identified by an AU to be Added to the CDE-Verified List of Preschool Programs Eligible to Serve Children with IEPs
- Every Licensed Child Care Program
- Local Coordinating Organizations and Colorado Department of Early Childhood Universal Preschool Staff
- Optional Professional Learning Available to all CDE Authorized Preschool Programs for Preschoolers with IEPs
- Appendix: Colorado’s Competencies for Early Childhood Educators and Professionals
- Appendix: Legislative Authority
The following relevant statutes establish CDE's responsibility to set training requirements for the Colorado Department of Early Childhood (CDEC), Local Coordinating Organizations (LCOs), and Preschool Program Providers.
Memorandum of Understanding Between The Colorado Department of Education and the Colorado Department of Early Childhood For Preschool Special Education Services
II A. 1. e. Training: The CDE shall establish the specific training and certification requirements for Part B for the CDEC, LCOs and Preschool Program Providers.
MOU between CDE and CDEC for Preschool Special Education Services
Exceptional Children's Education Act (ECEA)
Definitions
2.13(1) Department of Early Childhood (CDEC) means the department of early childhood created in 26.5-1.104, C.R.S.
2.13(2) Local Coordinating Organization (LCO) means an entity as defined in 26.5-2-102(5), C.R.S.
2.13(3) Preschool Provider means an entity as defined in 26.5-4-203(14), C.R.S*.
2.13(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.
* 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.
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