Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Colorado: What Parents Need to Know

Q: What is the state dispute resolution process in Colorado?

Colorado offers mediation, state complaints filed with the Colorado Department of Education (CDE), and due process hearings. State complaints must be filed within one year of the alleged violation. Due process requests are subject to a two-year statute of limitations.

Q: What is the Colorado Department of Education's role in special education?

The Colorado Department of Education (CDE) oversees special education through its Exceptional Student Services Unit (ESSU). ESSU monitors district compliance, investigates state complaints, provides technical assistance, and maintains resources for families.

Q: Where can Colorado families get free advocacy help?

Colorado families can contact PEAK Parent Center, the state's Parent Training and Information (PTI) center, for free advocacy support, training, and information. Disability Law Colorado is the state's Protection and Advocacy organization and provides legal services in special education cases.

Colorado families have rights under both federal law and Colorado's own special education rules. Here's what the timelines look like and who to contact when you need help.

Meghan Moore, BCBA, M.A. Special Education

Colorado Special Education Overview

Special education in Colorado is governed by the federal Individuals with Disabilities Education Act (IDEA) and the Colorado Exceptional Children's Educational Act (ECEA). The Colorado Department of Education (CDE) oversees compliance through its Exceptional Student Services Unit (ESSU).

Colorado's rules generally follow IDEA's federal requirements. Where Colorado adds state-specific provisions, those are noted below.

Evaluation Timelines

Colorado must complete an initial special education evaluation within 60 school days of receiving parental consent. This is a school day timeline, not calendar days. School breaks do not count. The evaluation must be completed and the results shared with parents before the eligibility determination meeting.

IEP Meeting Timelines

After eligibility is determined, the school must develop the initial IEP and begin services within a reasonable time, typically 30 days. Annual IEP reviews must occur at least once every 12 months. Reevaluations must occur at least every three years, or sooner if conditions warrant or you request one.

Prior Written Notice

Colorado requires prior written notice (PWN) before any proposal to initiate, change, or refuse to change your child's identification, evaluation, placement, or provision of FAPE. The notice must be provided in time for you to understand and respond before the change takes effect. If you request something and the school refuses, they must send a PWN explaining why.

Dispute Resolution in Colorado

State Complaints

You can file a state complaint with the Colorado Department of Education alleging that a school district violated IDEA or ECEA. Complaints must be filed within one year of the alleged violation. CDE must investigate and issue a decision within 60 days.

Contact: CDE Exceptional Student Services Unit
Phone: 303-866-6694

Mediation

Colorado offers voluntary, confidential mediation at no cost to parents. A trained mediator helps the parties reach a written agreement. Mediation is available before or during due process proceedings.

Due Process

Either parent or district can request a due process hearing. Colorado uses a two-year statute of limitations for due process complaints (matching the federal IDEA standard). After filing, there is a 30-day resolution period before the hearing proceeds.

Colorado-Specific Resources

PEAK Parent Center

PEAK Parent Center is Colorado's federally funded Parent Training and Information (PTI) center. PEAK provides free training, information, and individual support to families of children with disabilities from birth through age 26.

Website: peakparent.org
Phone: 719-531-9400

Disability Law Colorado

Disability Law Colorado is the state's Protection and Advocacy (P&A) organization. It provides legal services and advocacy in special education cases, particularly where rights have been violated.

Website: disabilitylawco.org
Phone: 303-722-0300

Key Things to Know in Colorado

Colorado uses a 60 school day evaluation timeline
State complaints go to CDE's Exceptional Student Services Unit
PEAK Parent Center offers free advocacy support
Disability Law Colorado provides legal assistance
Colorado follows federal IDEA timelines for IEP development and annual reviews

Frequently Asked Questions

How long does Colorado have to evaluate my child for special education?

Colorado must complete the initial evaluation within 60 school days of receiving parental consent. The evaluation report must be provided to parents before the eligibility determination meeting.

What is the state dispute resolution process in Colorado?

Colorado offers mediation, state complaints filed with CDE, and due process hearings. State complaints must be filed within one year of the alleged violation. Due process requests have a two-year statute of limitations.

What is the Colorado Department of Education's role in special education?

The Colorado Department of Education oversees special education through its Exceptional Student Services Unit. ESSU monitors compliance, investigates state complaints, and maintains resources for families.

Where can Colorado families get free advocacy help?

PEAK Parent Center is Colorado's PTI center and provides free advocacy support. Disability Law Colorado is the state's P&A organization and provides legal services in special education cases.