Special Education and Universal Preschool in Colorado

Standards have been identified by the Colorado Department of Education for educational environments in which Administrative Units place preschoolers with Individual Educational Programs (IEPs).

CDE Standards for Placement of Preschoolers with IEPs in Educational Programs

Special Education Training and Authorization Requirements for Early Childhood Educators

Frequently Asked Questions

These questions related to preschool special education and universal preschool (UPK) were developed in response to questions brought forward from Colorado partners who implement preschool. The Colorado Department of Education (CDE) is responsible for administering special education, while the Colorado Department of Early Childhood (CDEC) is responsible for administering UPK. These answers were developed by CDE with consultation from CDEC.

Background Resources

Frequently Asked Questions about Special Education and Universal Preschool in Colorado (PDF)

ESSU Recurring Meetings 2023-24 School Year - Implementing Special Education for Preschoolers within UPK

CDE has scheduled a recurring meeting for the second Tuesday of each month at 2 p.m., starting on August 8th through the 2023-24 school year. Intended audience is Special Education Directors, EC administrators, and fiscal representatives. The meeting purpose is to work in collaboration to implement special education for preschoolers within UPK. Use this form to offer input on topics or issues. The following dates are scheduled and meeting materials will be made available following each meeting. Please contact Heidi White for information about joining the meeting via Zoom.

Colorado Department of Education Resolution Procedures for Disputes between Special Education Administrative Units (AUs) and the Colorado Department of Early Childhood (CDEC) Programs Related to Special Education and Colorado’s Universal Preschool Program

This dispute resolution procedure applies to special education-related disputes between Special Education Administrative Units (AUs) and CDEC Programs. CDEC Programs, for the purpose of this dispute resolution procedure, are defined as a Local Coordinating Organization (LCO), Universal Preschool Program, or Preschool Provider.

This dispute resolution process does not apply to:

• Disputes between an Administrative Unit and the state Department of Early Childhood.
• IDEA related disputes between parents/guardians and education providers governed by Section 6 of the Exceptional Children’s Educational Act. Student specific disagreements between parents and Administrative Units are resolved through IDEA’s dispute resolution options: mediation, state complaints, and due process complaints. Disputes related to the identification, evaluation, placement, or provision of a free appropriate public education (FAPE) for individual children must utilize the existing CDE IDEA Dispute Resolution procedure.

Who may initiate a request for dispute resolution?

Per ECEA Rule 3.02(3)(b), only an Administrative Unit may initiate this dispute resolution process.

Who must participate?

The Memorandum of Understanding between CDEC and CDE (PDF) obligates CDEC to require Preschool Program Providers and LCOs, where applicable, to participate in the special education dispute resolution process established by the CDE.  An AU may implement this dispute resolution process OR seek other legal or equitable remedies that may be available to the administrative unit. ECEA 3.02(3)(b)(ii).

What is the Procedure?

1. Prior to submission of a request for dispute resolution to CDE, it is expected that the parties of the dispute have discussed and attempted to resolve the dispute at the local level.
2. When a resolution cannot be made between the parties at the local level, an AU will submit a dispute resolution request form to the Colorado Department of Education (CDE) and the other parties to the dispute, describing the dispute with specificity and identifying the requested relief.
   1. Personally Identifiable Information (PII) is not to be included in the submission of the dispute resolution request form. If there is a need to include any PII in the submission, the AU should upload any information containing PII into the secure Data Management System and notify CDE of the location and date of the upload.
   2. At the time of the submission of the Dispute Resolution Request (DRR), the AU is required to notify the other parties to the dispute, sharing the same information provided to CDE in the Dispute Resolution Request Form.
3. Upon receipt of the DRR, CDE reviews the request and determines if the request fits within the scope of this process and informs the parties, in writing, if it accepts or rejects the request within a reasonable timeframe, but no later than 12 business days after receiving the request.
   1. If a request is rejected, CDE will notify the AU in writing as to why it was rejected and what other options are available, if any.
4. Upon acceptance of the request, CDE will contact the other parties to the dispute to request a written response within 15 calendar days.
5. CDE conducts a review and inquiry process:
   1. CDE will review all information provided by the parties and request additional information, in written format or through interviews, as needed, to achieve a full understanding of the dispute and the remedies sought.
   2. The parties to the dispute shall provide CDE with all documents and information requested by CDE, without limitation, any agreements between the parties that are relevant in resolving the dispute within 15 days of request.
   3. CDE will consult with CDEC, as CDE deems appropriate, during the inquiry of the dispute and in consideration of reasonably necessary remedies and relief.
6. CDE issues a written resolution decision to the parties of the dispute within 45 calendar days from the date the other parties submitted their response to the dispute.
   1. The timeline for a decision may be extended by CDE beyond 45 days for exceptional circumstances, such as voluminous documentation, complexity of the dispute, etc. Extensions of the timeline will be communicated to all parties.
   2. The written resolution decision will outline CDE’s findings.
      1. If CDE determines that remedies and/or sanctions are reasonably necessary, they will be outlined within the resolution decision document.
      2. Remedies may include entering into or revision of local agreements, training and technical assistance from state staff, and/or other appropriate remedies to effectively resolve the issues presented.
7. Enforcement of written resolution decision:
   1. Any decision issued by CDE is binding and must be implemented by the Administrative Unit and the CDEC Program.
   2. CDEC and CDE state agency staff may be responsible for implementing or enforcing remedies and sanctions, as needed. However, nothing in the ECEA Rules Section 3.02(b) shall be interpreted to confer authority on CDEC to issue orders, relief, or remedies.

Whom do I contact with questions?

Reach out to the CDE’s Early Childhood Special Education Director, Heidi White, with any questions or for additional information.

Why is this dispute resolution procedure in place? 

Section 26.5-4-206 of Colorado’s Revised Statutes requires the Colorado Department of Early Childhood (CDEC) and the CDE to collaborate to ensure that preschool services delivered through the CDEC to IDEA-eligible children comply with the federal Individuals with Disabilities Education Act (IDEA) and the Exceptional Children’s Educational Act (ECEA). To accomplish this, the statute required a Memorandum of Understanding between CDE and CDEC (PDF) 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 Program Providers operate in accordance with federal and state law concerning education for children with disabilities.

The signed MOU (PDF) requires that the CDE establish in ECEA Rule an informal special education dispute resolution process applicable to AUs, Preschool Program Providers, and Local Coordinating Organizations (LCOs) that may have disputes with other Universal Preschool Program entities. Rules governing a dispute resolution process to comply with the MOU were established in 3.02 (3)(b) of ECEA Rule in June, 2023. This written procedure supports the implementation of the ECEA Rules.

Authority and References:

CDEC-CDE MOU (PDF) text related to dispute resolution between Universal Preschool and Special Education:

7. Dispute Resolution.

The CDE shall establish by rule an informal special education dispute resolution process applicable to AUs, Preschool Program Providers, and LCOs that may have disputes with other Universal Preschool Program entities and shall establish rules requiring AUs to participate in the process. The CDEC, by contract or rule, shall require Preschool Program Providers and LCOs, where applicable, to participate in the special education dispute resolution process established by the CDE. The CDE and the CDEC agree that they will work together to investigate and assist the other entities in resolving disputes, as appropriate. CDEC and CDE state agency staff may implement remedies and sanctions, as needed, including requirements of local agreements, training and technical assistance from state staff, or other appropriate remedies required to effectively resolve the issues presented to the state agency. CDEC and CDE may apply sanctions or remedies, as required, under IDEA.  Any decision issued by either CDEC or CDE is binding and must be implemented by the Part B entity and/or AU.

ECEA Rules (Promulgated by the State Board of Education, June 2023)

2.13 Department of Early Childhood Programs 2.13(1) Department of Early Childhood (CDEC) means the department of early childhood created in 26.51.104, 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. 

3.02(3)(b) Dispute Resolution Process for Special Education-Related Disputes Between Administrative Units and Department of Early Childhood Programs
The following dispute resolution process applies to special education-related disputes between administrative units and Department of Early Childhood Programs. This process does not apply to disputes between an administrative unit and the state Department of Early Childhood. Disputes between parents/guardians and education providers are governed by Section 6 of these rules. 

3.02(3)(b)(i) The Department of Early Childhood (CDEC) program and the administrative unit will arrange to discuss issues and work to resolve the dispute at the local level. 

3.02(3)(b)(ii) If the parties are unable to resolve issues at the local level, the administrative unit may implement this dispute resolution process by notifying the Colorado Department of Education (CDE) or may seek other legal or equitable remedies that may be available to the administrative unit.

3.02(3)(b)(iii) The dispute resolution process is initiated by the administrative unit providing written notice to the CDE and the other parties to the dispute, describing the dispute with specificity and identifying the relief requested. The other parties to the dispute shall have fifteen calendar days to provide a written response. The parties to the dispute shall provide CDE with all documents and information requested by CDE, including, without limitation, any agreements between the parties that are relevant in resolving the dispute. 

3.02(3)(b)(iv) CDE, in consultation with CDEC as CDE deems appropriate, may implement, and apply remedies and sanctions, as reasonably necessary, including requirements of local agreements, training and technical assistance from state staff, or other appropriate remedies to effectively resolve the issues presented to CDE. Any decision issued by CDE is binding and must be implemented by the administrative unit and the CDEC program. Nothing in this Section 3.02(b) shall be interpreted to confer authority on CDEC to issue orders, relief, or remedies.