Colorado § 26.5-4-206 - Preschool special education services - department collaboration - memorandum of understanding.

§ 26.5-4-206. Preschool special education services - department collaboration - memorandum of understanding.

(1) The department shall collaborate with the department of education through a memorandum of understanding as described in subsection (2) of this section to ensure all children with disabilities are served equitably in the Colorado universal preschool program, ensure access to classrooms that meet the individual needs of children with disabilities based on their individualized education programs, and ensure that preschool providers operate in accordance with federal and state law concerning education for preschool-age children with disabilities. In collaborating pursuant to this section, the department and the department of education shall, at a minimum:

(a) Support local implementation of best practices;

(b) Create training for preschool providers concerning the legal obligations for serving children with disabilities, including the responsibilities and obligations of administrative units specified in IDEA and ECEA; and

(c) Collaborate to ensure preschool services delivered through the preschool program to children with disabilities are delivered in compliance with IDEA and ECEA.

(2) The department and the department of education shall enter into a memorandum of understanding that, at a minimum:

(a) Defines the roles and responsibilities of both departments, administrative units as defined in section 22-20-103, and preschool providers, recognizing that the department of education is the identified agency responsible for compliance with the part B component of IDEA, as described in section 22-20-103 (4)(b);

(b) Describes data collection and sharing responsibilities in accordance with federal requirements and timelines, ensuring that all critical data can be disaggregated, while adhering to requirements for protecting personally identifiable information;

(c) Describes each department's role in helping preschool providers and communities provide inclusive, individualized, meaningful, culturally relevant, linguistically relevant, active, and participatory learning for all children with disabilities, in accordance with each child's individualized education program;

(d) Establishes procedures for holding all preschool providers accountable for providing access and supports for children with disabilities;

(e) Recommends training programs for preschool providers in working with children with disabilities;

(f) With regard to preschool program rules, establishes processes to:

(I) Ensure that preschool program requirements are in compliance with and do not conflict with IDEA and ECEA; and

(II) Ensure preschool program rules address all legal requirements for the provision of preschool services to eligible children with disabilities.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 697, § 3, effective July 1.