House Committee of Reference Report
Committee on Education
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March 18, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1282 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. Legislative declaration. (1) The general
Page 1, Line 4assembly finds that:
Page 1, Line 5(a) Colorado school districts provide comprehensive educational
Page 1, Line 6and enrichment opportunities to students through before- and
Page 1, Line 7after-school-age programs;
Page 1, Line 8(b) Colorado Revised Statutes and rules adopted by the Colorado
Page 1, Line 9state board of education require the Colorado department of education
Page 1, Line 10and other state agencies to extensively regulate and oversee school district
Page 1, Line 11operations, including fire and radon inspections, playground equipment,
Page 1, Line 12and staff training;
Page 1, Line 13(c) Regulation of a school district's before- and after-school-age
Page 1, Line 14programs by the Colorado department of education, the Colorado
Page 1, Line 15department of early childhood, and other state agencies has resulted in
Page 1, Line 16duplicative and contradictory requirements, including, but not limited to:
Page 1, Line 17(I) Conflicting restrictions on playground equipment; and
Page 1, Line 18(II) Duplicative fire and radon inspections; and
Page 1, Line 19(d) The duplicative and conflicting regulations for a school
Page 1, Line 20district's before- and after-school-age programs significantly increase
Page 1, Line 21administrative costs, delay staff onboarding, restrict student access and
Page 1, Line 22program capacity, and create confusion for students and families without
Page 1, Line 23improving student health or safety or program quality.
Page 1, Line 24(2) Therefore, the general assembly declares it is necessary and
Page 1, Line 25appropriate that before- and after-school-age programs operated by a
Page 1, Line 26school district not be subject to conflicting or duplicative regulations
Page 1, Line 27from the Colorado department of education and the Colorado department
Page 1, Line 28of early childhood.
Page 2, Line 1SECTION 2. In Colorado Revised Statutes, 26.5-5-309, amend
Page 2, Line 2(3)(b) as follows:
Page 2, Line 326.5-5-309. Licenses - rules - definition - appropriation -
Page 2, Line 4repeal.
Page 2, Line 5(3) (b) (I) A child care center that provides child care exclusively
Page 2, Line 6to school-age children and operates on the property of a school district,
Page 2, Line 7district charter school, or institute charter school may satisfy any fire or
Page 2, Line 8radon inspection requirement required by law by providing a copy of a
Page 2, Line 9satisfactory fire or radon inspection report of the property of a school
Page 2, Line 10district, district charter school, or institute charter school where the child
Page 2, Line 11care is provided if the fire or radon inspection report was completed
Page 2, Line 12within the preceding twelve months. The department shall not require a
Page 2, Line 13duplicate fire or radon inspection if a satisfactory fire or radon inspection
Page 2, Line 14report of the property was completed within the preceding twelve months.
Page 2, Line 15(II) A child care center that provides child care
Page 2, Line 16exclusively to school-age children and operates on the
Page 2, Line 17property of a school district, district charter school, or
Page 2, Line 18institute charter school may satisfy any staff training or
Page 2, Line 19minimum square footage of floor space per child requirements
Page 2, Line 20required by law by providing to the department documented
Page 2, Line 21evidence of compliance with substantially similar requirements
Page 2, Line 22imposed by the Colorado department of education, except that,
Page 2, Line 23if the requirements or monitoring of those requirements imposed
Page 2, Line 24by the Colorado department of education do not meet any
Page 2, Line 25applicable requirements of any federal grants-in-aid
Page 2, Line 26administered by the department, the department shall require
Page 2, Line 27the child care center to meet any applicable minimum
Page 2, Line 28requirements of the federal grants-in-aid.
Page 2, Line 29SECTION 3. In Colorado Revised Statutes, 26.5-5-314, amend
Page 2, Line 30(2)(e)(III) as follows:
Page 2, Line 3126.5-5-314. Standards for facilities and agencies - rules -
Page 2, Line 32definition.
Page 2, Line 33(2) The standards prescribed by department rules are restricted to:
Page 2, Line 34(e) (III) The department shall require an annual inspection of
Page 2, Line 35playground facilities on the property where a child care center operates.
Page 2, Line 36For purposes of a playground facility inspection, the department shall
Page 2, Line 37accept as satisfactory proof of valid certification of the playground
Page 2, Line 38facility, certification, or a copy of certification, from an individual or
Page 2, Line 39entity who is licensed or certified to perform playground safety
Page 2, Line 40inspections through the national recreation and park association, or other
Page 2, Line 41nationally recognized playground facility safety organization, including,
Page 2, Line 42but not limited to, a public health agency. The department shall not
Page 2, Line 43require a duplicate inspection if a satisfactory inspection report was
Page 3, Line 1completed within the preceding twelve months.
Page 3, Line 2SECTION 4. In Colorado Revised Statutes, 26.5-5-313, amend
Page 3, Line 3(4) introductory portion, (4)(a), and (4)(b); and add (7) as follows:
Page 3, Line 426.5-5-313. Applications - waivers - appeals - rules.
Page 3, Line 5(4) The executive director shall promulgate adopt rules for the
Page 3, Line 6implementation of this section, including:
Page 3, Line 7(a) The requirements for the granting of a waiver request,
Page 3, Line 8including the requirement that the department make a decision on the
Page 3, Line 9waiver request and notify the child care center of its decision no later than
Page 3, Line 10sixty calendar days after receipt of the request respond to a waiver
Page 3, Line 11request within thirty calendar days after receipt of the request
Page 3, Line 12and close a waiver request within ninety calendar days after
Page 3, Line 13receipt of the request;
Page 3, Line 14(b) The requirements for the denial of a waiver request, including
Page 3, Line 15the requirement that the department make a decision on the waiver
Page 3, Line 16request and notify the child care center of its decision no later than sixty
Page 3, Line 17calendar days after receipt of the request respond to a waiver request
Page 3, Line 18within thirty calendar days after receipt of the request and
Page 3, Line 19close a waiver request within ninety calendar days after
Page 3, Line 20receipt of the request; and
Page 3, Line 21(7) The department shall review the waiver process
Page 3, Line 22required by this section and the process for appeals filed
Page 3, Line 23pursuant to section 26.5-5-314 (5) at least annually.
Page 3, Line 24 SECTION 5. In Colorado Revised Statutes, 26.5-5-314, add (7)
Page 3, Line 25as follows:
Page 3, Line 2626.5-5-314. Standards for facilities and agencies - rules -
Page 3, Line 27appeals - waivers - definition.
Page 3, Line 28 (7) The department shall not charge a fee associated
Page 3, Line 29with stringency appeals.
Page 3, Line 30SECTION 6. Effective date. This act takes effect July 1, 2026.
Page 3, Line 31SECTION 7. Safety clause. The general assembly finds,
Page 3, Line 32determines, and declares that this act is necessary for the immediate
Page 3, Line 33preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 34the support and maintenance of the departments of the state and state
Page 3, Line 35institutions.".