CDE Proposes Changes to ECEA Rules
The Colorado Department of Eeducation (CDE) has recently drafted specific changes to the Rules for the Administration of the Exceptional Childrens Educational Act (ECEA Rules). The public is invited to submit comments to these proposed changes through December 31, 2012. The proposed changes must be considered by and approved by the Colorado Board of Education before they become law.
The proposed revisions to the ECEA Rules involve changing the eligibility category of “Preschooler with a Disability” to “Child with a Developmental Delay.” This eligibility category change is required by HB12-1345. The proposed ECEA Rules also complete the elimination of the provisions related to the two-tier dus process hearing system. The current ECEA Rules provide for two different types of due process hearing procedures depending on whether the due process complaint was filed before or after June 31, 2011. As of July 1, 2011, Colorado joined those states that have adopted a single-tier due process procedure. Now, due process complaints and due process hearings are handled at the State level by Administrative Law Judges with the Colorado Office of Administrative Courts. The proposed changes to the ECEA Rules also include many changes related to “Facility Schools” to make them consistent with the new administrative rules that were enacted to specifically govern Facility Schools. These new laws are included in a separate section titled “Rules for the Administration of the Facility Schools Act.” 1 CCR 304-1.