Special Education Directors' Corner

What's New

Notice of State Complaint Decision and Corrective Action Plan for CDE

On Sept. 30, Disability Law Colorado filed a state complaint (2022.549) against CDE concerning IDEA-eligible youth detained in county jails. The complaint contained two allegations.  First, whether CDE exercised its general supervisory responsibility pursuant to ensure the provision of a free appropriate public education (FAPE) to eligible youth between the ages of 18 to 21 incarcerated in county jails.  Second, whether CDE has a policy, practice, or procedure in place to monitor county jails or their adjoining school districts to ensure that youth with disabilities have FAPE available to them.

Because the complaint was filed against the Department, CDE contracted with an independent investigator, Lenore Knudtson, to conduct the investigation.  On Nov. 29, the investigator issued a final decision that concluded CDE has not exercised adequate general supervision under IDEA for students, aged 18-21, detained in county jails. Consequently, CDE must complete the activities identified under the “Corrective Action Plan” for State Complaint 2022.549 (attached).

Completion of these activities will require cooperation from each Administrative Unit. Shortly, CDE will be sending out instructions and requests for information related to these mandatory activities. Thank you in advance for your cooperation.

2022:549 Amended Final Decision

FAQ on Special Education and UPK Released

Frequently asked questions (FAQ) about special education and universal preschool have been released by CDE. The FAQ was developed in response to questions from the field related to preschool special education and universal preschool (UPK). 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. Answers were developed by CDE with consultation from CDEC.

Additionally, CDE Standards for Placement of Preschoolers with IEPS in Educational Programs has been released. These standards were identified by the Colorado Department of Education based on state and federal special education law, rules, and include supportive resources to assist with implementation.

Please share these documents with others in your system, as appropriate. We anticipate that additional questions and answers will be added to this CDE webpage over time.

Questions may be directed to the Early Childhood Special Education team, or Heidi White, Preschool Director, at white_h@cde.state.co.us.