A Bill for an Act
Page 1, Line 101Concerning measures to modify the department of early
Page 1, Line 102childhood.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Current law authorizes the executive director of the department of early childhood (department) to adopt all rules for the administration of the department, for the execution and administration of department functions, and for the programs and services managed by the department. The bill repeals the executive director's rule-making authority and creates the state board of early childhood services (state board). The bill authorizes the state board to adopt all rules for the administration of the department, for the execution and administration of department functions, and for the programs and services managed by the department.
Current law allows a local coordinating organization (LCO) to participate in the Colorado universal preschool program (program) by allocating funding to school- and community-based preschool providers (preschool providers), ensuring a mixed delivery system of preschool providers, and coordinating with preschool providers and the early childhood and family support programs and services. On June 1, 2026, LCOs will no longer participate in the program, but LCOs will continue to support families who apply for early childhood and family support programs and services, coordinate with county departments and tribal agencies, and work with early child care providers to increase recruitment and retention of individuals in the early child care workforce.
The bill requires the department to modify the unified application to grant administrative access to a preschool provider who participates in the program to help families enroll their children in the program and to assist families with their administrative needs, including with the completion of their first program application and maintaining the continued enrollment of their children who have been receiving preschool services from the preschool provider. Administrative units will also have access to the unified application to help families enroll children with disabilities in the program and to assist families with their administrative needs.
Current law requires the executive director to adopt rules for the maximum allowable educator-to-child ratios and group sizes (ratios and group sizes) in alignment with national best practices. The bill requires the state board to adopt rules for ratios and group sizes in alignment with state licensing standards. When the department adjusts ratios and group sizes, and prior to adopting rules for the preschool program, the department is required to coordinate with preschool providers to determine the ratios and group sizes.
The bill requires the department to distribute funding to preschool providers in advance of services provided throughout the school year based on enrollment data.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 26.5-1-103, amend (2); and add (6) as follows:
Page 2, Line 326.5-1-103. Definitions. As used in this title 26.5, unless the
Page 2, Line 4context otherwise requires:
Page 3, Line 1(2) "Department rule" means a rule
promulgated by the executivePage 3, Line 2
director adopted by the state board as authorized in section 26.5-1-105.Page 3, Line 3(6) "State board of early childhood services" or "state
Page 3, Line 4board" means the state board of early childhood services created in section 26.5-1-105.
Page 3, Line 5SECTION 2. In Colorado Revised Statutes, 26.5-1-105, amend
Page 3, Line 6(2)(h)(I), (2)(i), and (2)(j); and repeal and reenact, with amendments, (1) as follows:
Page 3, Line 726.5-1-105. Powers and duties of the state board of early
Page 3, Line 8childhood services - rules - rules advisory council - repeal.
Page 3, Line 9(1) (a) (I) The state board of early childhood is created in the
Page 3, Line 10department. The state board is a type 1 entity, as defined in
Page 3, Line 11section 24-1-105. The state board consists of the executive
Page 3, Line 12director of the department, or the executive director's designee,
Page 3, Line 13and eight members who are appointed by the governor as follows:
Page 3, Line 14(A) One member representing the department;
Page 3, Line 15(B) Two members representing community-based preschool providers;
Page 3, Line 16(C) Two members representing school-based preschool providers;
Page 3, Line 17(D) Two members representing counties; and
Page 3, Line 18(E) One member with a professional background in special education.
Page 3, Line 19(II) In making appointments, the governor shall take into
Page 3, Line 20consideration the recommendations of the following organizations:
Page 4, Line 1(A) An association focused on early childhood education;
Page 4, Line 2(B) A statewide organization that represents school executives;
Page 4, Line 3(C) A statewide organization that represents counties; and
Page 4, Line 4(D) A consortium of special education directors.
Page 4, Line 5(III) No later than August 15, 2025, the governor shall
Page 4, Line 6appoint the members to the state board. The members who are
Page 4, Line 7first appointed are designated to serve for staggered terms so
Page 4, Line 8that the term of at least one member will expire each year. Thereafter, the term of each member is four years.
Page 4, Line 9(IV) The governor may take into consideration the
Page 4, Line 10geographic diversity of the state in appointing members of the state board.
Page 4, Line 11(V) If a vacancy arises for any reason, the governor shall
Page 4, Line 12appoint a person who meets the requirements of the vacant
Page 4, Line 13position to fill the vacancy as soon as possible after the vacancy occurs.
Page 4, Line 14(VI) The members of the state board serve without
Page 4, Line 15compensation but may receive reimbursement, within existing
Page 4, Line 16resources, for necessary travel expenses actually incurred in serving on the state board.
Page 4, Line 17(VII) No more than five members of the state board may be registered with the same political party.
Page 4, Line 18(b) No later than September 15, 2025, the executive
Page 4, Line 19director shall call the first meeting of the state board, at
Page 5, Line 1which the members of the state board shall elect a member to
Page 5, Line 2serve as a chair and a member to serve as the vice-chair of the
Page 5, Line 3state board. The members of the state board shall elect a chair
Page 5, Line 4and vice-chair annually thereafter. The chair of the state
Page 5, Line 5board shall call meetings of the state board as necessary to complete the duties of the state board.
Page 5, Line 6(c) The state board shall:
Page 5, Line 7(I) Adopt, in accordance with the "State Administrative
Page 5, Line 8Procedure Act", article 4 of title 24, all rules for the
Page 5, Line 9administration of the department and for the execution and
Page 5, Line 10administration of the functions specified in section 26.5-1-109
Page 5, Line 11and for the programs and services specified in this title 26.5. In
Page 5, Line 12adopting rules, the state board shall, to the greatest extent possible:
Page 5, Line 13(A) Reduce the administrative burden of accessing
Page 5, Line 14programs and services, implementing programs, and providing services to families and providers;
Page 5, Line 15(B) Decrease duplication and conflicts in implementing programs and providing services;
Page 5, Line 16(C) Increase equity in access to programs and services and in child and family outcomes;
Page 5, Line 17(D) Increase administrative efficiency among the programs and services provided by the department; and
Page 5, Line 18(E) Ensure that the rules are coordinated across
Page 5, Line 19programs and services so that programs are implemented and
Page 5, Line 20services are provided with improved ease of access, quality of
Page 5, Line 21family and provider experience, and ease of implementation by state, local, and tribal agencies;
Page 6, Line 1(II) Hold hearings relating to the formulation and revision of the policies of the department; and
Page 6, Line 2(III) Advise the executive director as to any matters that the executive director may bring before the state board.
Page 6, Line 3(d) The department may adopt guidelines and procedures
Page 6, Line 4to assist in the implementation and delivery of the programs and
Page 6, Line 5services that the department provides pursuant to this title
Page 6, Line 626.5. When appropriate to reduce potential administrative
Page 6, Line 7burden, the department may differentiate in the adopted
Page 6, Line 8guidelines and procedures among communities, including
Page 6, Line 9communities in rural areas, based on community capacity and readiness for implementing programs and delivering services.
Page 6, Line 10(2) (h) (I) The council shall meet as often as requested by the
Page 6, Line 11
executive director state board. Except as otherwise provided inPage 6, Line 12subsection (2)(h)(II) of this section, a member of the council and a
Page 6, Line 13non-council member who serves on a subcommittee may receive the same
Page 6, Line 14per diem compensation for attendance at council or subcommittee
Page 6, Line 15meetings as is provided for members of boards and commissions pursuant
Page 6, Line 16to section 12-20-103 (6) and reimbursement for any expenses necessary
Page 6, Line 17to support the member's participation at a council or subcommittee
Page 6, Line 18meeting, including any required dependent or attendant care and, if the
Page 6, Line 19member resides more than fifty miles from the location of the council or
Page 6, Line 20subcommittee meeting, expenses incurred in traveling to and from the
Page 6, Line 21meeting, including any required dependent or attendant travel, food, and lodging.
Page 6, Line 22(i) In reviewing and making recommendations concerning rules
Page 7, Line 1and in preparing other recommendations for the
executive director statePage 7, Line 2board, the council shall strive to develop recommendations that are
Page 7, Line 3detailed and measurable and consider the impacts on children, parents,
Page 7, Line 4families, providers, school districts, counties, and local coordinating
Page 7, Line 5organizations. The council must approve recommendations by a majority
Page 7, Line 6vote and provide those recommendations to the
executive director statePage 7, Line 7board in writing. Members of the council voting in the minority may
Page 7, Line 8submit a written explanation of their opposition to the recommendations to the
executive director state board.Page 7, Line 9(j) Before
promulgating adopting a rule, theexecutive directorPage 7, Line 10state board shall solicit feedback from and consider the
Page 7, Line 11recommendations of the council. If the
executive director state boardPage 7, Line 12decides not to follow the recommendations of the council with regard to
Page 7, Line 13a rule, the
executive director state board shall provide a written explanation of the rationale for the decision.Page 7, Line 14SECTION 3. In Colorado Revised Statutes, 26.5-1-110, amend (2)(g) and (2)(h); and add (2)(i) and (2)(j) as follows:
Page 7, Line 1526.5-1-110. Unified application - child care, services, and education. (2) At a minimum, the unified application must:
Page 7, Line 16(g) Allow for customization as may be necessary for certain programs or services;
andPage 7, Line 17(h) Coordinate with other agencies and programs, as appropriate,
Page 7, Line 18to ensure appropriate referral and enrollment of children and families to early childhood programs administered by other departments;
Page 7, Line 19(i) Grant a preschool provider, as defined in section 26.5-4-203, administrative access to the unified application to:
Page 7, Line 20(I) Help families enroll their children in the universal preschool program;
Page 8, Line 1(II) Assist families with any administrative needs
Page 8, Line 2regarding the universal preschool program, including assisting
Page 8, Line 3families with the completion of their first universal preschool
Page 8, Line 4program application and maintaining the continued enrollment
Page 8, Line 5of their children who have been receiving preschool services from the preschool provider; and
Page 8, Line 6(III) Access the unified application without requiring the
Page 8, Line 7assistance of the department or a local coordinating organization; and
Page 8, Line 8(j) Grant an administrative unit, as defined in section 22-20-103, administrative access to the unified application to:
Page 8, Line 9(I) Help families enroll their children with disabilities in the universal preschool program;
Page 8, Line 10(II) Assist families with any administrative needs
Page 8, Line 11regarding the universal preschool program, including assisting
Page 8, Line 12families with the completion of their first universal preschool
Page 8, Line 13program application and maintaining the continued enrollment
Page 8, Line 14of their children who have been receiving preschool services from the preschool provider; and
Page 8, Line 15(III) Access the unified application without requiring the
Page 8, Line 16assistance of the department or a local coordinating organization.
Page 8, Line 17SECTION 4. In Colorado Revised Statutes, 26.5-2-102, amend (4); and repeal (1), (6), (7), and (8) as follows:
Page 8, Line 1826.5-2-102. Definitions. As used in this part 1, unless the context
Page 8, Line 19otherwise requires:
Page 9, Line 1(1)
"Colorado universal preschool program" or "state preschoolPage 9, Line 2
program" means the Colorado universal preschool program created in part 2 of article 4 of this title 26.5.Page 9, Line 3(4) "Local and tribal agencies" means county departments of
Page 9, Line 4human or social services and agencies of an Indian tribe that have
Page 9, Line 5responsibility for funding for early childhood and family support
Page 9, Line 6programs and services
school districts, charter schools that participate in the state preschool program, and head start agencies.Page 9, Line 7(6)
"Mixed delivery system" has the same meaning as provided in section 26.5-4-203.Page 9, Line 8(7)
"Preschool provider" has the same meaning as provided in section 26.5-4-203.Page 9, Line 9(8)
"Preschool services" means preschool services providedPage 9, Line 10
through the state preschool program in the school year precedingPage 9, Line 11
kindergarten eligibility to children who are four or five years of age andPage 9, Line 12
preschool services provided through the state preschool program to a limited number of children who are three years of age or younger.Page 9, Line 13SECTION 5. In Colorado Revised Statutes, 26.5-2-103, amend
Page 9, Line 14(2)(c)(V), (2)(d), and (5); and repeal (2)(c)(I), (2)(e), and (4)(b) as follows:
Page 9, Line 1526.5-2-103. Local coordinating organization - applications -
Page 9, Line 16selection - rules. (2) An entity that seeks to serve as a local coordinating
Page 9, Line 17organization must apply to the department in accordance with department
Page 9, Line 18rules, if any, procedures, and timelines. At a minimum, the application must include:
Page 9, Line 19(c) The applicant's plan to coordinate with, at a minimum, the
Page 9, Line 20following entities within the proposed community:
Page 10, Line 1(I)
Administrative units, as defined in section 22-20-103, whichPage 10, Line 2
remain responsible for overseeing implementation of the part BPage 10, Line 3
component of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended;Page 10, Line 4(V) County departments of human or social services in providing
Page 10, Line 5child care services through the Colorado child care assistance program
Page 10, Line 6established in part 1 of article 4 of this title 26.5 and other family support programs and services; and
Page 10, Line 7(d) The applicant's proposed operating model for meeting the
Page 10, Line 8duties and responsibilities of a local coordinating organization, including,
Page 10, Line 9at a minimum, the applicant's personnel capacity and a proposed budget
Page 10, Line 10that reflects the anticipated operating and overhead costs and sources of funding.
andPage 10, Line 11(e)
If the applicant is a preschool provider, the applicant's plan forPage 10, Line 12
ensuring that serving as the local coordinating organization does notPage 10, Line 13
result in an unfair advantage to the applicant with regard to allocations ofPage 10, Line 14
preschool funding generally or in coordinating with the other preschoolPage 10, Line 15
providers in the community to ensure the availability of a mixed deliveryPage 10, Line 16
system and the allocation of funding among preschool providers based on parent choice.Page 10, Line 17(4) The department, in accordance with department rules, if any,
Page 10, Line 18and procedures, shall review each application received pursuant to this
Page 10, Line 19section and select local coordinating organizations for communities
Page 10, Line 20throughout the state, ensuring that, to the extent possible, every family in
Page 10, Line 21the state resides within a community for which a local coordinating
Page 10, Line 22organization is selected. In selecting local coordinating organizations
Page 10, Line 23from among the applications received, the department shall, at a minimum, evaluate:
Page 11, Line 1(b)
The applicant's capacity to equitably recruit preschoolPage 11, Line 2
providers to participate in the Colorado universal preschool program andPage 11, Line 3
provide preschool services through a mixed delivery system that, to the fullest extent practicable, accommodates parent choice;Page 11, Line 4(5) The
executive director may promulgate state board mayPage 11, Line 5adopt rules and the department shall adopt procedures and timelines as
Page 11, Line 6necessary to implement this part 1, including adopting a process for
Page 11, Line 7receiving and reviewing applications that results in the initial selection of
Page 11, Line 8local coordinating organizations as soon as practicable after April 25,
Page 11, Line 92022. The department shall enter into a coordinator agreement with each
Page 11, Line 10local coordinating organization in accordance with section 26.5-2-105.
Page 11, Line 11Before the termination or conclusion of a coordinator agreement, the
Page 11, Line 12department shall solicit applications for a local coordinating organization
Page 11, Line 13for the affected community pursuant to this section and may re-select the same entity to serve as a local coordinating organization.
Page 11, Line 14SECTION 6. In Colorado Revised Statutes, 26.5-2-104, amend
Page 11, Line 15(1)(a)(III), (1)(a)(V), (1)(b), (2)(d), (2)(e), (2)(g), and (3); and repeal (1)(a)(IV), (1)(a)(VI), (1)(a)(VIII), (2)(b), and (2)(c) as follows:
Page 11, Line 1626.5-2-104. Local coordinating organization - community plan
Page 11, Line 17- duties. (1) (a) Each local coordinating organization shall adopt a
Page 11, Line 18community plan that fosters equitable access for families to, and robust
Page 11, Line 19participation by providers in, early childhood and family support
Page 11, Line 20programs and services by increasing access to, coordinating, and
Page 11, Line 21allocating funding for said programs and services within the community. The community plan must, at a minimum, address:
Page 11, Line 22(III) The manner in which the local coordinating organization will
Page 12, Line 1recruit and work with providers to ensure that families' needs for
school-Page 12, Line 2
and community-based preschool providers, child care and other earlyPage 12, Line 3childhood services within the community are met to the fullest extent possible;
Page 12, Line 4(IV)
The method by which the local coordinating organizationPage 12, Line 5
will ensure that a mixed delivery system of school- and community-basedPage 12, Line 6
preschool providers, based on parental choice, is available within thePage 12, Line 7
community, including identifying the existing school- andPage 12, Line 8
community-based preschool providers in the community and establishingPage 12, Line 9
goals and benchmarks for increasing the availability of preschool providers as necessary to be responsive to family preferences;Page 12, Line 10(V) A plan for working with early care
and education providersPage 12, Line 11to increase recruitment and retention of individuals in the early care and
Page 12, Line 12education workforce and to increase compensation for those individuals, with the goal of providing a living wage;
Page 12, Line 13(VI)
A plan for coordinating the school- and community-basedPage 12, Line 14
preschool providers that are available within the community with thePage 12, Line 15
other available early childhood and family support programs and services for children who enroll in the preschool providers and their families;Page 12, Line 16(VIII)
A plan for the allocation of funding among school- andPage 12, Line 17
community-based preschool providers and other early care and educationPage 12, Line 18
providers in the community, with the goal of maximizing the use ofPage 12, Line 19
funding to meet community needs, including the need for full-day services;Page 12, Line 20(b)
Notwithstanding subsection (1)(a) of this section, the initialPage 12, Line 21
community plan that a local coordinating organization creates may bePage 12, Line 22
limited to addressing participation in the Colorado universal preschoolPage 13, Line 1
program and the needs for, access to, and allocation of funding forPage 13, Line 2
school- and community-based preschool providers. With subsequentPage 13, Line 3
revisions of the plan, In the community plans, the local coordinatingPage 13, Line 4organization shall address the provision and coordination of additional
Page 13, Line 5early childhood and family support programs and services in the
Page 13, Line 6community as provided in subsection (1)(a) of this section in collaboration with local and tribal agencies.
Page 13, Line 7(2) Each local coordinating organization shall implement the community plan and shall:
Page 13, Line 8(b)
Subject to the availability and enrollment capacity of preschoolPage 13, Line 9
providers in the community, provide universal access, in alignment withPage 13, Line 10
family choice, to high-quality school- and community-based preschoolPage 13, Line 11
providers within the community for children in the year before eligibility for kindergarten;Page 13, Line 12(c)
Manage a mixed delivery system of preschool providers;Page 13, Line 13(d) Allocate, in coordination with local and tribal agencies, when
Page 13, Line 14applicable, local early childhood funding
and state preschool programPage 13, Line 15
funding to public and private providers within the community, based onPage 13, Line 16the community plan, and ensure, to the greatest extent possible, that
Page 13, Line 17children who, pursuant to department rules adopted in accordance with
Page 13, Line 18section 26.5-4-204 (4)(a), are in low-income families and meet qualifying
Page 13, Line 19factors are prioritized, as directed by the department, to receive early childhood and family support programs and services;
Page 13, Line 20(e) Support and ensure the availability of high-quality early
Page 13, Line 21childhood care
and education for all children, including supporting access to training and support for members of the early childhood workforce;Page 13, Line 22(g) Increase over time the capacity of high-quality early child care
Page 14, Line 1
and education programs within the community to better meet family and community needs;Page 14, Line 2(3) Each local coordinating organization shall work with entities
Page 14, Line 3within the community, including, at a minimum, the entities specified in
Page 14, Line 4section 26.5-2-103 (2)(c), to implement the community plan, which may
Page 14, Line 5include subcontracting or partnering with or otherwise delegating
Page 14, Line 6responsibility to one or more public or private entities. The local
Page 14, Line 7coordinating organization remains responsible to the department for
Page 14, Line 8implementing the community plan, meeting the goals specified in the
Page 14, Line 9community plan and the coordinator agreement, and meeting any
Page 14, Line 10additional requirements imposed by this part 1,
by part 2 of article 4 ofPage 14, Line 11
this title 26.5 concerning the Colorado universal preschool program, by department rule, or by the coordinator agreement.Page 14, Line 12SECTION 7. In Colorado Revised Statutes, 26.5-2-105, amend
Page 14, Line 13(1)(b) introductory portion, (3)(a) introductory portion, (4)(a)(I), (4)(a)(II), and (5); and repeal (1)(b)(II) as follows:
Page 14, Line 1426.5-2-105. Department duties - coordinator agreements -
Page 14, Line 15review. (1) To support and provide oversight for the statewide system of local coordinating organizations, the department shall:
Page 14, Line 16(b) Enter into a coordinator agreement with each local
Page 14, Line 17coordinating organization that is partially based on the community plan
Page 14, Line 18and that specifies the respective duties of the local coordinating
Page 14, Line 19organization and the department in implementing the community plan and
Page 14, Line 20in meeting the requirements specified in this part 1
in part 2 of article 4Page 14, Line 21
of this title 26.5 concerning the Colorado universal preschool program,Page 14, Line 22and in department rule. The coordinator agreements are not subject to the
Page 14, Line 23requirements of the "Procurement Code", articles 101 to 112 of title 24.
Page 15, Line 1The term of the initial coordinator agreement for a local coordinating
Page 15, Line 2organization is three years, and subsequent coordinator agreements must
Page 15, Line 3have terms of at least three but not more than five years, as determined by the department. The coordinator agreement, at a minimum, must include:
Page 15, Line 4(II)
If the local coordinating organization is a preschool provider,Page 15, Line 5
expectations that the local coordinating organization must meet inPage 15, Line 6
ensuring the availability of a mixed delivery system within the communityPage 15, Line 7
that supports equitable parent choice and in ensuring that the organizationPage 15, Line 8
is not unfairly advantaged in allocating funding among preschool providers based on parent choice;Page 15, Line 9(3) (a) The department shall implement a review process
Page 15, Line 10established in department rule by which the department at least annually
Page 15, Line 11reviews the performance of each local coordinating organization in
Page 15, Line 12serving its community, including implementing the approved community
Page 15, Line 13plan; fulfilling the duties specified in section 26.5-2-104;
includingPage 15, Line 14
providing a mixed delivery system of preschool providers; and complyingPage 15, Line 15with the coordinator agreement. In implementing the review process, the department shall, at a minimum:
Page 15, Line 16(4) (a) For any area within the state for which a local coordinating
Page 15, Line 17organization is not selected or for which the local coordinating
Page 15, Line 18organization is not fully capable of implementing all aspects of the
Page 15, Line 19community plan, the department shall work with the local coordinating
Page 15, Line 20organization, if any, and the families, providers, local governments, and
Page 15, Line 21local and tribal agencies in the area, as necessary, to oversee and
Page 15, Line 22coordinate the availability and provision of early childhood and family
Page 15, Line 23support programs and services within the area until such time as a local
Page 15, Line 24coordinating organization is selected or is deemed capable of
Page 16, Line 1implementing all aspects of the community plan. At a minimum, the department shall:
Page 16, Line 2(I) Assist families in applying for early childhood and family
Page 16, Line 3support programs and services and in enrolling children with early care
and education providers;Page 16, Line 4(II)
Ensure, to the extent practicable, that an equitable mixedPage 16, Line 5
delivery system of preschool providers is available within the area, whichPage 16, Line 6
may include contracting with providers for the delivery of preschool services;Page 16, Line 7(5) The
executive director state board shall establish by rule aPage 16, Line 8process by which an applying entity that is not selected to act as a local
Page 16, Line 9coordinating organization, or a local coordinating organization for which
Page 16, Line 10the coordinating agreement is terminated, may appeal the decision of the department.
Page 16, Line 11SECTION 8. In Colorado Revised Statutes, 26.5-4-203, repeal (11) as follows:
Page 16, Line 1226.5-4-203. Definitions. As used in this part 2, unless the context otherwise requires:
Page 16, Line 13(11)
"Local coordinating organization" means the entity selectedPage 16, Line 14
by the department pursuant to section 26.5-2-103 to implement aPage 16, Line 15
community plan for early childhood and family support programs and services within a specified community.Page 16, Line 16SECTION 9. In Colorado Revised Statutes, 26.5-4-204, amend
Page 16, Line 17(2), (4)(a) introductory portion, (4)(a)(I), (4)(a)(II), and (4)(b) introductory portion as follows:
Page 16, Line 1826.5-4-204. Colorado universal preschool program - created
Page 16, Line 19- eligibility - workforce development plan - program funding - rules.
Page 17, Line 1(2) (a) For the 2023-24 school year and each school year thereafter,
Page 17, Line 2subject to the availability and enrollment capacity of preschool providers,
Page 17, Line 3parents throughout the state may enroll their children, free of charge, in
Page 17, Line 4ten hours per week of publicly funded preschool services for the school
Page 17, Line 5year preceding the school year in which the children are eligible to enroll
Page 17, Line 6in kindergarten. The department working with local coordinating
Page 17, Line 7organizations, shall identify and recruit preschool providers throughout
Page 17, Line 8the state to participate in the Colorado universal preschool program. In
Page 17, Line 9identifying and recruiting preschool providers, the department and local
Page 17, Line 10coordinating organizations shall, to the extent practicable, establish a
Page 17, Line 11mixed delivery system in communities throughout the state that enables
Page 17, Line 12parents to select preschool providers for their children from as broad a range as possible within their respective communities.
Page 17, Line 13(b) The department shall grant administrative access to
Page 17, Line 14the unified application, created in section 26.5-1-110, to a
Page 17, Line 15preschool provider and an administrative unit, as defined in
Page 17, Line 16section 22-20-103, to help families enroll their children in the
Page 17, Line 17preschool program and to assist families with their
Page 17, Line 18administrative needs regarding the preschool program,
Page 17, Line 19including assisting families with the completion of their first
Page 17, Line 20preschool program application and maintaining the continued
Page 17, Line 21enrollment of their children who have been receiving preschool
Page 17, Line 22services from the preschool provider or administrative unit.
Page 17, Line 23Preschool providers and administrative units must have access
Page 17, Line 24to the unified application without requiring the assistance of the department or a local coordinating organization.
Page 17, Line 25(4) (a) The
executive director state board shall adopt rules to implement the preschool program, which must include:Page 18, Line 1(I) The level of income that identifies a family as being
Page 18, Line 2low-income for purposes of identifying children who are three years of
Page 18, Line 3age or younger and are eligible for preschool services and prioritizing
Page 18, Line 4funding for those additional preschool services. The
executive directorPage 18, Line 5state board shall, to the extent practicable, ensure that the income
Page 18, Line 6eligibility requirements for other publicly funded child care programs are aligned with the income level set pursuant to this subsection (4)(a)(I).
Page 18, Line 7(II) The qualifying factors that a child must meet to be eligible to
Page 18, Line 8receive additional preschool services. The
executive director statePage 18, Line 9board shall ensure that the qualifying factors are reviewed and, as
Page 18, Line 10necessary, revised at least every
five three years. The purpose of thePage 18, Line 11qualifying factors is to identify children who are at risk of entering
Page 18, Line 12kindergarten without being ready for school. The qualifying factors must
Page 18, Line 13include identification as a dual-language learner or a child with
Page 18, Line 14disabilities and may include such other factors as the department may identify.
Page 18, Line 15(b) In adopting rules, the
executive director state board shall, to the extent possible:Page 18, Line 16SECTION 10. In Colorado Revised Statutes, 26.5-4-204, amend (2) as follows:
Page 18, Line 1726.5-4-204. Colorado universal preschool program - created
Page 18, Line 18- eligibility - workforce development plan - program funding - rules.
Page 18, Line 19(2) For the 2023-24 school year and each school year thereafter, subject
Page 18, Line 20to the availability and enrollment capacity of preschool providers, parents
Page 18, Line 21throughout the state may enroll their children, free of charge, in ten hours
Page 18, Line 22per week of publicly funded preschool services for the school year
Page 19, Line 1preceding the school year in which the children are eligible to enroll in
Page 19, Line 2kindergarten. The department
working with local coordinatingPage 19, Line 3
organizations, shall identify and recruit preschool providers throughoutPage 19, Line 4the state to participate in the Colorado universal preschool program. In
Page 19, Line 5identifying and recruiting preschool providers, the department
and localPage 19, Line 6
coordinating organizations shall, to the extent practicable, establish aPage 19, Line 7mixed delivery system in communities throughout the state that enables
Page 19, Line 8parents to select preschool providers for their children from as broad a range as possible within their respective communities.
Page 19, Line 9SECTION 11. In Colorado Revised Statutes, 26.5-4-205, amend (1)(a) introductory portion and (2)(c) as follows:
Page 19, Line 1026.5-4-205. Quality standards - evaluation - support.
Page 19, Line 11(1) (a) The department shall develop, and the
executive director statePage 19, Line 12board shall establish by rule, the quality standards that each preschool
Page 19, Line 13provider must meet to receive funding through the Colorado universal
Page 19, Line 14preschool program. The quality standards must, at a minimum, address
Page 19, Line 15the issues specified in this section and must reflect national and
Page 19, Line 16community-informed best practices with regard to school readiness,
Page 19, Line 17academic and cognitive development, healthy environments,
Page 19, Line 18social-emotional learning, and child and family outcomes. The
Page 19, Line 19department and the
executive director state board shall work withPage 19, Line 20families, educators, and program administrators to review and, as
Page 19, Line 21necessary, revise the quality standards at least every five years to ensure
Page 19, Line 22the standards continue to reflect national and community-informed
Page 19, Line 23best practices and meet the other requirements specified in this section.
Page 19, Line 24In developing, reviewing, revising, and adopting the quality standards, the
Page 19, Line 25department and the
executive director state board shall consider, at a minimum:Page 20, Line 1(2) At a minimum, the quality standards established in rule must include:
Page 20, Line 2(c) (I) The maximum allowable educator-to-child ratios and group
Page 20, Line 3sizes, aligned with
national best practices. The department, by rule, mayPage 20, Line 4
implement a waiver process to allow a preschool provider thatPage 20, Line 5
implements a nationally recognized preschool program model toPage 20, Line 6
implement the educator-to-child ratios and group sizes that support thePage 20, Line 7
instructional practices of the model, so long as the preschool providerPage 20, Line 8
meets the national standards for the model or is accredited to provide thePage 20, Line 9
model state licensing standards pursuant to part 3 of article 5 of this title 26.5.Page 20, Line 10(II) The department, by rule, may implement a waiver
Page 20, Line 11process to allow a preschool provider that implements a
Page 20, Line 12nationally recognized preschool program model to implement
Page 20, Line 13the educator-to-child ratios and group sizes that support the
Page 20, Line 14instructional practices of the model, as long as the preschool
Page 20, Line 15provider meets the national standards for the model or is accredited to provide services that conform to the model.
Page 20, Line 16SECTION 12. In Colorado Revised Statutes, 26.5-4-207, amend (3) as follows:
Page 20, Line 1726.5-4-207. Preschool program evaluation and improvement
Page 20, Line 18process - independent evaluator. (3) The department shall
Page 20, Line 19communicate the evaluations and recommendations of the independent
Page 20, Line 20evaluator to families, communities, preschool providers,
localPage 20, Line 21
coordinating organizations, the state board of education, and the generalPage 20, Line 22assembly, as appropriate, to inform and improve early childhood teaching and education and policy-making related to early childhood education.
Page 21, Line 1SECTION 13. In Colorado Revised Statutes, 26.5-4-208, amend (1)(e) and (3)(a) as follows:
Page 21, Line 226.5-4-208. Preschool provider funding - per-child rates - local
Page 21, Line 3contribution - distribution and use of money - definitions. (1) (e) In
Page 21, Line 4establishing the formulas and other distribution amounts, the department
Page 21, Line 5shall consult with the state board, the rules advisory council, the early
Page 21, Line 6childhood leadership commission, and members of the early childhood
Page 21, Line 7community, including parents of preschool-age children, preschool
Page 21, Line 8educators, preschool providers, early childhood councils, school districts,
Page 21, Line 9charter schools, representatives of county departments of human or social
Page 21, Line 10services, local coordinating organizations, and individuals with financial
Page 21, Line 11expertise in public and private funding sources for early childhood services.
Page 21, Line 12(3) (a) Beginning in the 2023-24 fiscal year and for each fiscal
Page 21, Line 13year thereafter, the department working with local coordinating
Page 21, Line 14organizations as provided in each local coordinating organization's
Page 21, Line 15coordinator agreement with the department, shall distribute the funding
Page 21, Line 16appropriated to the department for preschool services from the preschool
Page 21, Line 17programs cash fund and any amount received pursuant to section
Page 21, Line 1826.5-4-209 (2). The department and local coordinating organizations, as
Page 21, Line 19applicable, shall base the amounts distributed on the per-child rates and
Page 21, Line 20any special purpose distributions established for the applicable fiscal year
Page 21, Line 21pursuant to subsection (1) of this section. At the start of each fiscal year,
Page 21, Line 22the department and local coordinating organizations, as applicable, shall
Page 21, Line 23distribute, in advance of services provided, a portion of the funding
Page 21, Line 24to preschool providers based on the numbers and types of eligible
Page 22, Line 1children expected to enroll in preschool as estimated in the community
Page 22, Line 2plans or as estimated by the department for an area that does not have a
Page 22, Line 3local coordinating organization. The department and local coordinating
Page 22, Line 4organizations, as applicable, shall continue distributing, in advance of
Page 22, Line 5services provided, portions of the funding periodically throughout the
Page 22, Line 6school year and shall adjust the amounts distributed based on the actual numbers and types of eligible children enrolled by preschool providers.
Page 22, Line 7SECTION 14. In Colorado Revised Statutes, 26.5-4-208, amend (1)(c), (1)(e), (3)(a), (3)(c)(II), and (3)(c)(IV) as follows:
Page 22, Line 826.5-4-208. Preschool provider funding - per-child rates - local
Page 22, Line 9contribution - distribution and use of money - definitions. (1) (c) In
Page 22, Line 10establishing the formula for additional preschool services, in addition to
Page 22, Line 11the considerations specified in subsection (1)(a) of this section, the
Page 22, Line 12department may consider the amount of local funding available to assist
Page 22, Line 13families within a community.
based on the community plan or availablePage 22, Line 14
within an area that does not have a local coordinating organization. APage 22, Line 15preschool provider is prohibited from charging a fee for additional
Page 22, Line 16preschool services to a family that participates in the preschool program
Page 22, Line 17that exceeds the amount charged to families that do not receive additional preschool services.
Page 22, Line 18(e) In establishing the formulas and other distribution amounts,
Page 22, Line 19the department shall consult with the rules advisory council, the early
Page 22, Line 20childhood leadership commission, and members of the early childhood
Page 22, Line 21community, including parents of preschool-age children, preschool
Page 22, Line 22educators, preschool providers, early childhood councils, school districts,
Page 22, Line 23charter schools, representatives of county departments of human or social
Page 22, Line 24services,
local coordinating organizations, and individuals with financialPage 23, Line 1expertise in public and private funding sources for early childhood services.
Page 23, Line 2(3) (a) Beginning in the 2023-24 fiscal year and for each fiscal
Page 23, Line 3year thereafter, the department
working with local coordinatingPage 23, Line 4
organizations as provided in each local coordinating organization'sPage 23, Line 5
coordinator agreement with the department, shall distribute the fundingPage 23, Line 6appropriated to the department for preschool services from the preschool
Page 23, Line 7programs cash fund and any amount received pursuant to section
Page 23, Line 826.5-4-209 (2). The department
and local coordinating organizations, asPage 23, Line 9
applicable, shall base the amounts distributed on the per-child rates andPage 23, Line 10any special purpose distributions established for the applicable fiscal year
Page 23, Line 11pursuant to subsection (1) of this section. At the start of each fiscal year,
Page 23, Line 12the department
and local coordinating organizations as applicable, shallPage 23, Line 13distribute a portion of the funding to preschool providers based on the
Page 23, Line 14numbers and types of eligible children expected to enroll in preschool
asPage 23, Line 15
estimated in the community plans or as estimated by the department.forPage 23, Line 16
an area that does not have a local coordinating organization. ThePage 23, Line 17department
and local coordinating organizations, as applicable, shallPage 23, Line 18continue distributing portions of the funding periodically throughout the
Page 23, Line 19school year and shall adjust the amounts distributed based on the actual numbers and types of eligible children enrolled by preschool providers.
Page 23, Line 20(c) (II) The department
and local coordinating organizations, asPage 23, Line 21
applicable, shall distribute the funding for preschool services for childrenPage 23, Line 22who are three years of age or younger as described in subsection
Page 23, Line 23(3)(c)(I)(B) of this section only to preschool providers that are school
Page 23, Line 24districts or charter schools for the eligible children who are three years of
Page 23, Line 25age and younger whom the school district or charter school enrolls in
Page 24, Line 1accordance with the preschool program; except that, in a fiscal year in
Page 24, Line 2which the general assembly specifically appropriates an amount to
Page 24, Line 3provide preschool services for children three years of age or younger who
Page 24, Line 4do not have disabilities that exceeds the amount described in subsection
Page 24, Line 5(3)(c)(I)(B) of this section, the department may distribute
in accordancePage 24, Line 6
with the applicable community plans all or any portion of the excessPage 24, Line 7appropriation amount to community-based preschool providers. A school
Page 24, Line 8district may distribute all or a portion of the amount received pursuant to
Page 24, Line 9this subsection (3)(c)(II) to a head start agency or community-based
Page 24, Line 10preschool provider that provides preschool services pursuant to a contract with the school district.
Page 24, Line 11(IV) In a fiscal year in which the amount described in subsection
Page 24, Line 12(3)(c)(I)(B) of this section to fund preschool services for children who are
Page 24, Line 13three years of age or younger is less than is required to fully fund the
Page 24, Line 14number of said eligible children who actually enroll for preschool
Page 24, Line 15services, the department shall first provide funding for the eligible
Page 24, Line 16children with disabilities and eligible children who are in low-income
Page 24, Line 17families and meet at least one qualifying factor and then provide funding
Page 24, Line 18for the remaining eligible children who are in low-income families. If any
Page 24, Line 19amount of the appropriation described in subsection (3)(c)(I)(B) of this
Page 24, Line 20section remains, the department, working with the rules advisory council,
Page 24, Line 21
the local coordinating organizations, and any other interested persons,Page 24, Line 22shall establish the priority for distributing the funding among the remaining eligible children.
Page 24, Line 23SECTION 15. In Colorado Revised Statutes, 26.5-4-209, repeal (5) as follows:
Page 24, Line 2426.5-4-209. Preschool programs cash fund - created - use -
Page 25, Line 1repeal. (5)
The department may use money appropriated from thePage 25, Line 2
preschool programs cash fund for the administrative costs of local coordinating organizations.Page 25, Line 3SECTION 16. In Colorado Revised Statutes, 13-3-113, amend (5)(d) as follows:
Page 25, Line 413-3-113. Family-friendly courts. (5) Grant applications -
Page 25, Line 5duties of judicial districts. (d) The judicial districts that are selected by
Page 25, Line 6the state court administrator to provide family-friendly court services that
Page 25, Line 7provide child care services shall meet the licensing requirements for child
Page 25, Line 8care facilities set forth in part 3 of article 5 of title 26.5, and all child care
Page 25, Line 9licensing rules
promulgated by the executive director adopted by thePage 25, Line 10state board of early childhood services of the department of early childhood.
Page 25, Line 11SECTION 17. In Colorado Revised Statutes, 19-1-307, amend (2.5)(a) as follows:
Page 25, Line 1219-1-307. Dependency and neglect records and information -
Page 25, Line 13access - fee - records and reports fund - misuse of information -
Page 25, Line 14penalty - adult protective services data system check - rules. (2.5) Fee
Page 25, Line 15- records and reports fund - rules. (a) Any person or agency provided
Page 25, Line 16information from the state department of human services or department
Page 25, Line 17of early childhood pursuant to subsections (2)(i), (2)(k) to (2)(o), (2)(t),
Page 25, Line 18and (2)(y) of this section and any child placement agency must be
Page 25, Line 19assessed a fee that is established and collected by the state department of
Page 25, Line 20human services or established and collected by the department of early
Page 25, Line 21childhood pursuant to parameters set forth in rule established by the state
Page 25, Line 22board of human services or the
department state board of earlyPage 25, Line 23childhood pursuant to parameters set forth in rule established by the
Page 26, Line 1
executive director state board of early childhood services of thePage 26, Line 2department of early childhood, whichever is applicable. At a minimum,
Page 26, Line 3the rules must include a provision requiring the state department of
Page 26, Line 4human services or department of early childhood, as applicable, to
Page 26, Line 5provide notice of the fee to interested persons and the maximum fee
Page 26, Line 6amount that the department shall not exceed without the express approval
Page 26, Line 7of the state board of human services or
executive director state boardPage 26, Line 8of early childhood services of the department of early childhood, as
Page 26, Line 9applicable. The fee established must not exceed the direct and indirect
Page 26, Line 10costs of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y) of this section.
Page 26, Line 11SECTION 18. In Colorado Revised Statutes, 24-1-120.5, add (5) as follows:
Page 26, Line 1224-1-120.5. Department of early childhood - creation. (5) The
Page 26, Line 13state board of early childhood services, created in section
Page 26, Line 1426.5-1-105, is a type 1 entity, as defined in section 24-1-105, and
Page 26, Line 15exercises its powers, duties, and functions under the department of early childhood.
Page 26, Line 16SECTION 19. In Colorado Revised Statutes, 24-34-104, repeal (31)(a)(XI) as follows:
Page 26, Line 1724-34-104. General assembly review of regulatory agencies
Page 26, Line 18and functions for repeal, continuation, or reestablishment - legislative
Page 26, Line 19declaration - repeal. (31) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2031:
Page 26, Line 20(XI)
The rule-making function of the executive director of the department of early childhood pursuant to section 26.5-1-105 (1);Page 26, Line 21SECTION 20. In Colorado Revised Statutes, 26-1-116, amend (3) as follows:
Page 27, Line 126-1-116. County boards - district boards. (3) The county
Page 27, Line 2board may hold a meeting to address the public assistance and welfare
Page 27, Line 3duties, responsibilities, and activities of the county department in
Page 27, Line 4conjunction with a meeting of the board of county commissioners, upon
Page 27, Line 5full and timely notice given pursuant to the provisions of section
Page 27, Line 624-6-402. The county board shall act in accordance with rules adopted by
Page 27, Line 7the state board when addressing public assistance, and welfare duties,
Page 27, Line 8responsibilities, and activities of the county department. The county board
Page 27, Line 9shall act in accordance with rules adopted by the
executive director statePage 27, Line 10board of early childhood services of the department of early
Page 27, Line 11childhood when addressing child care assistance duties, responsibilities, and activities of the county department.
Page 27, Line 12SECTION 21. In Colorado Revised Statutes, 26-1-122, amend (6)(c) as follows:
Page 27, Line 1326-1-122. County appropriations and expenditures -
Page 27, Line 14advancements - procedures. (6) (c) The state department shall establish
Page 27, Line 15rules concerning what constitutes administrative costs and program costs
Page 27, Line 16for the Colorado works program. The
executive director state board ofPage 27, Line 17early childhood services of the department of early childhood, in
Page 27, Line 18coordination with county departments, shall establish rules concerning
Page 27, Line 19what constitutes administrative costs and program costs for the Colorado
Page 27, Line 20child care assistance program. The state treasurer shall make
Page 27, Line 21advancements to county departments for the costs of administering the
Page 27, Line 22Colorado works program and the Colorado child care assistance program
Page 27, Line 23from funds appropriated or made available for such purpose, upon
Page 27, Line 24authorization of the department of early childhood or the state
Page 28, Line 1department, as applicable; except that in no event shall the department of
Page 28, Line 2early childhood or the state department authorize expenditures greater
Page 28, Line 3than the annual appropriation by the general assembly for such
Page 28, Line 4administrative costs of the county departments. As funds are advanced,
Page 28, Line 5adjustment shall be made from subsequent monthly payments for those purposes.
Page 28, Line 6SECTION 22. In Colorado Revised Statutes, 26-2-703, amend (4) as follows:
Page 28, Line 726-2-703. Definitions. As used in this part 7, unless the context otherwise requires:
Page 28, Line 8(4) "Colorado child care assistance program" means the state
Page 28, Line 9program of child care assistance implemented pursuant to the provisions
Page 28, Line 10of part 1 of article 4 of title 26.5 and rules of the
executive director statePage 28, Line 11board of early childhood services of the department of early childhood.
Page 28, Line 12SECTION 23. In Colorado Revised Statutes, 26-2-706.6, amend (6) as follows:
Page 28, Line 1326-2-706.6. Payments and services under Colorado works -
Page 28, Line 14rules. (6) Child care assistance. Subject to available appropriations and
Page 28, Line 15pursuant to rules
promulgated by the executive director adopted by thePage 28, Line 16state board of early childhood services of the department of early
Page 28, Line 17childhood, a county may provide child care assistance to a participant
Page 28, Line 18pursuant to the provisions of part 1 of article 4 of title 26.5 and rules
Page 28, Line 19
promulgated by the executive director adopted by the state board ofPage 28, Line 20early childhood services of the department of early childhood for implementation of said part 1.
Page 28, Line 21SECTION 24. In Colorado Revised Statutes, 26.5-1-106, repeal (1)(c) as follows:
Page 29, Line 126.5-1-106. Transfer of functions - employees - property -
Page 29, Line 2contracts. (1) (c)
The rules pertaining to the powers, duties, functions,Page 29, Line 3
and obligations transferred to the department pursuant to subsection (1)(a)Page 29, Line 4
of this section that are adopted by the department of human services, thePage 29, Line 5
state board of human services, or the state board of education and are inPage 29, Line 6
effect as of July 1, 2022, continue in effect and apply to the departmentPage 29, Line 7
and persons or entities licensed or providing services pursuant to this titlePage 29, Line 8
26.5 until replaced by rules adopted by the executive director pursuant to section 26.5-1-105.Page 29, Line 9SECTION 25. In Colorado Revised Statutes, amend 26.5-1-107 as follows:
Page 29, Line 1026.5-1-107. Final agency action - authority of the state board
Page 29, Line 11- rules. Hearings conducted by an appointed administrative law judge are
Page 29, Line 12considered initial decisions of the department that the
executive director,Page 29, Line 13
or an executive director's designee state board shall review. IfPage 29, Line 14exceptions to the initial decision are filed pursuant to section 24-4-105
Page 29, Line 15(14)(a)(I), the review must be in accordance with section 24-4-105 (15);
Page 29, Line 16except that the department may, at its discretion, permit a party to file an
Page 29, Line 17audio recording in lieu of a written transcript if the party cannot afford a
Page 29, Line 18written transcript. The
executive director state board may adopt rulesPage 29, Line 19delineating the criteria and process for filing an audio recording in lieu of
Page 29, Line 20a written transcript. In the absence of an exception filed pursuant to
Page 29, Line 21section 24-4-105 (14)(a)(I), the
executive director state board shallPage 29, Line 22review the initial decision in accordance with a procedure adopted by the
Page 29, Line 23
executive director state board. The procedure must be consistent withPage 29, Line 24federal mandates concerning the single state agency requirement. Review
Page 30, Line 1by the
executive director state board in accordance with sectionPage 30, Line 224-4-105 (15) or the procedure adopted by the
executive director state board pursuant to this section constitutes final agency action.Page 30, Line 3SECTION 26. In Colorado Revised Statutes, 26.5-2-203, amend (4) as follows:
Page 30, Line 426.5-2-203. Early childhood councils - established - rules.
Page 30, Line 5(4) The
executive director state board shall determine by rule the criteria necessary for establishing a single council for an area.Page 30, Line 6SECTION 27. In Colorado Revised Statutes, 26.5-2-204, amend (5) as follows:
Page 30, Line 726.5-2-204. Early childhood councils - applications - rules.
Page 30, Line 8(5) The
executive director shall promulgate state board shall adoptPage 30, Line 9rules to define the standards for acceptance of applications made pursuant
Page 30, Line 10to this section. Acceptance of an application is automatic if the
Page 30, Line 11application is complete, the signatures are in order, and it meets the
Page 30, Line 12standards set forth by the
executive director state board pursuant to this subsection (5).Page 30, Line 13SECTION 28. In Colorado Revised Statutes, 26.5-2-207, amend (2)(a) as follows:
Page 30, Line 1426.5-2-207. Early childhood councils - waivers - rules -
Page 30, Line 15funding - application. (2) (a) The
executive director shall promulgatePage 30, Line 16state board shall adopt rules to develop and distribute to councils the
Page 30, Line 17application form and application process to be used by each council
Page 30, Line 18seeking to receive council infrastructure, quality improvement, technical
Page 30, Line 19assistance, and evaluation funding from the early childhood cash fund
Page 30, Line 20created in section 26.5-2-209 and other funding sources appropriated for
Page 30, Line 21early childhood services.
Page 31, Line 1SECTION 29. In Colorado Revised Statutes, 26.5-3-403, amend (2) and (3)(b) as follows:
Page 31, Line 226.5-3-403. Early intervention services - administration -
Page 31, Line 3duties of department - rules. (2) The
executive director shallPage 31, Line 4
promulgate state board shall adopt rules as necessary for thePage 31, Line 5implementation of this part 4 and to ensure that all IDEA timelines and
Page 31, Line 6requirements are met, including but not limited to administrative remedies if the timelines and requirements are not met.
Page 31, Line 7(3) In administering early intervention services, the department shall perform the following duties:
Page 31, Line 8(b) Develop rules, for
promulgation by the executive directorPage 31, Line 9adoption by the state board, after consultation with the state interagency coordinating council;
Page 31, Line 10SECTION 30. In Colorado Revised Statutes, 26.5-3-405, amend (1)(b) as follows:
Page 31, Line 1126.5-3-405. Authorized services - conditions of funding -
Page 31, Line 12purchases of services - rules. (1) (b) The
executive director shallPage 31, Line 13
promulgate state board shall adopt rules as necessary, in accordancePage 31, Line 14with this part 4, to implement
on and after July 1, 2024, the purchase ofPage 31, Line 15early intervention services directly or through certified early intervention service brokers.
Page 31, Line 16SECTION 31. In Colorado Revised Statutes, 26.5-3-504, amend (3) introductory portion, (4), and (5) as follows:
Page 31, Line 1726.5-3-504. Nurse home visitor program - created - rules.
Page 31, Line 18(3) The
executive director shall promulgate state board shall adopt,Page 31, Line 19pursuant to the provisions of article 4 of title 24, rules to implement the
Page 31, Line 20program. The
executive director state board shall base the rulesPage 32, Line 1establishing program training requirements, program protocols, program
Page 32, Line 2management information systems, and program evaluation requirements
Page 32, Line 3on research-based model programs that have been implemented in one or
Page 32, Line 4more other states for a period of at least five years and have shown significant reductions in:
Page 32, Line 5(4) Notwithstanding the provisions of subsection (3) of this
Page 32, Line 6section, the
executive director state board shall adopt rules pursuant toPage 32, Line 7which a nurse home visitation program that is in operation in the state as
Page 32, Line 8of July 1, 1999, may qualify for participation in the program if it can
Page 32, Line 9demonstrate that it has been in operation in the state for a minimum of
Page 32, Line 10five years and that it has achieved a reduction in the occurrences specified
Page 32, Line 11in subsection (3) of this section. Any program so approved is exempt
Page 32, Line 12from the rules adopted regarding program training requirements, program
Page 32, Line 13protocols, program management information systems, and program
Page 32, Line 14evaluation requirements so long as the program continues to demonstrate a reduction in the occurrences specified in subsection (3) of this section.
Page 32, Line 15(5) The department may propose to the
executive director statePage 32, Line 16board rules concerning program applications pursuant to section
Page 32, Line 1726.5-3-506. Any such proposal must be made in consultation with the health sciences facility.
Page 32, Line 18SECTION 32. In Colorado Revised Statutes, 26.5-3-603, amend (1) as follows:
Page 32, Line 1926.5-3-603. Social-emotional learning programs grant
Page 32, Line 20program - created - implementation partner - application - selection
Page 32, Line 21- funding - rules. (1) The social-emotional learning programs grant
Page 32, Line 22program is created in the department. The department shall administer the
Page 32, Line 23grant program in collaboration with an implementation partner selected
Page 33, Line 1pursuant to subsection (2) of this section. Subject to annual
Page 33, Line 2appropriations, the department shall award grants to entities that apply
Page 33, Line 3pursuant to subsection (3) of this section to provide social-emotional
Page 33, Line 4learning programs for young children and their parents in communities
Page 33, Line 5throughout the state. The
executive director state board is authorized topromulgate adopt rules as necessary to implement the grant program.Page 33, Line 6SECTION 33. In Colorado Revised Statutes, 26.5-3-702, amend (1)(d) as follows:
Page 33, Line 726.5-3-702. Early childhood mental health consultation -
Page 33, Line 8statewide program - creation - purpose - rules. (1) (d) The
executivePage 33, Line 9
director may promulgate state board may adopt rules for the design, implementation, and operation of the program.Page 33, Line 10SECTION 34. In Colorado Revised Statutes, 26.5-3-805, amend (4) as follows:
Page 33, Line 1126.5-3-805. Early care and education recruitment and
Page 33, Line 12retention grant and scholarship program - created - criteria and
Page 33, Line 13eligibility - grant and scholarship awards - reports - funding - rules
Page 33, Line 14- definitions - repeal. (4) The
executive director may promulgate statePage 33, Line 15board may adopt rules regarding criteria, timelines, and the
Page 33, Line 16administration of the program pursuant to the requirements outlined in this section.
Page 33, Line 17SECTION 35. In Colorado Revised Statutes, 26.5-3-903, amend (1) as follows:
Page 33, Line 1826.5-3-903. Family-strengthening grant programs - authorized
Page 33, Line 19requirements - implementation partner - rules. (1) The department is
Page 33, Line 20authorized to operate grant programs to support local providers in
Page 33, Line 21delivering high-quality, voluntary, family-strengthening support services
Page 34, Line 1using home visiting strategies that are designed to overcome the access
Page 34, Line 2barriers often created by traditional delivery strategies. The
executivePage 34, Line 3
director may promulgate state board may adopt rules as necessary to implement grant programs as authorized in this section.Page 34, Line 4SECTION 36. In Colorado Revised Statutes, 26.5-4-106, amend (6) as follows:
Page 34, Line 526.5-4-106. Applications for child care assistance -
Page 34, Line 6applications for child care employees - verification - award - not
Page 34, Line 7assignable - limitation - rules. (6) The
executive director shallPage 34, Line 8
promulgate state board shall adopt rules for the implementation of this section.Page 34, Line 9SECTION 37. In Colorado Revised Statutes, 26.5-4-111, amend (12)(a), (13) introductory portion, and (14) as follows:
Page 34, Line 1026.5-4-111. Services - eligibility - assistance provided - waiting
Page 34, Line 11lists - rules - exceptions from cooperating with child support establishment. (12) Each county:
Page 34, Line 12(a) Upon notification to counties by the department that the
Page 34, Line 13relevant case management systems, including the Colorado child care
Page 34, Line 14automated tracking system, are capable of accommodating this subsection
Page 34, Line 15(12)(a), and pursuant to department rules, on or before August 1, 2026,
Page 34, Line 16and subject to available federal appropriations, in addition to regular
Page 34, Line 17provider reimbursement rates, the county departments shall pay providers
Page 34, Line 18for care in alignment with common practices in the private market for
Page 34, Line 19child care, including paying providers weekly for each child based on
Page 34, Line 20child enrollment in advance of the provision of services. The department
Page 34, Line 21rules governing payment policies must allow daily reimbursement rates
Page 34, Line 22only for drop-in child care, back-up child care, and care that is commonly
Page 35, Line 1paid on a daily reimbursement basis in the private child care market and
Page 35, Line 2must incentivize providers to promote regular program attendance. On or
Page 35, Line 3before August 1, 2026, and subject to available federal appropriations, the
Page 35, Line 4department and county departments shall utilize grants and contracts for
Page 35, Line 5underserved populations, including children in underserved geographic
Page 35, Line 6areas, infants and toddlers, children with disabilities, and families needing
Page 35, Line 7nontraditional-hour care, to improve equitable access for these
Page 35, Line 8populations. The department shall annually evaluate data regarding the
Page 35, Line 9numbers and percentages of underserved populations being served by
Page 35, Line 10CCCAP to determine if equitable access is improved or achieved. The
Page 35, Line 11
executive director shall promulgate state board shall adopt rules for the implementation of this subsection (12).Page 35, Line 12(13) For children who are enrolled in both CCCAP and the
Page 35, Line 13Colorado universal preschool program, the
executive director state board shall adopt rules as necessary to ensure:Page 35, Line 14(14) The
executive director shall promulgate state board shall adopt rules for the implementation of this part 1.Page 35, Line 15SECTION 38. In Colorado Revised Statutes, 26.5-4-117, amend (2) as follows:
Page 35, Line 1626.5-4-117. Locating violators - recoveries. (2) All departments
Page 35, Line 17and agencies of the state and local governments shall cooperate in the
Page 35, Line 18location and prosecution of a person who fraudulently obtains child care
Page 35, Line 19assistance pursuant to this part 1, and, on request of the county or district
Page 35, Line 20board of human or social services, the county director, the department, or
Page 35, Line 21the district attorney of any judicial district in this state, shall supply all
Page 35, Line 22information on hand relative to the location, employment, income, and
Page 35, Line 23property of said persons, notwithstanding any other provision of law
Page 36, Line 1making the information confidential, except the laws pertaining to
Page 36, Line 2confidentiality of tax returns filed pursuant to law with the department of
Page 36, Line 3revenue. The department of revenue shall furnish at no cost to inquiring
Page 36, Line 4departments and agencies
such the information asmay be necessary toPage 36, Line 5effectuate the purposes of this part 1. The
executive director statePage 36, Line 6board shall, by rule, establish the procedures whereby this information
Page 36, Line 7is requested and provided. The department or county departments shall
Page 36, Line 8use
such the information only for the purposes of administering thePage 36, Line 9Colorado child care assistance program pursuant to this part 1, and a
Page 36, Line 10district attorney shall use it only for the prosecution of persons who
Page 36, Line 11fraudulently obtain child care assistance pursuant to this part 1, and shall not use the information, or disclose it, for any other purpose.
Page 36, Line 12SECTION 39. In Colorado Revised Statutes, 26.5-4-118, amend (1) as follows:
Page 36, Line 1326.5-4-118. Records confidential - authorization to obtain
Page 36, Line 14records of assets - release of location information to law enforcement
Page 36, Line 15agencies - outstanding felony arrest warrants. (1) The
executivePage 36, Line 16
director state board may establish reasonable rules to providePage 36, Line 17safeguards restricting the use or disclosure of information concerning
Page 36, Line 18applicants, recipients, and former and potential recipients of federally
Page 36, Line 19aided child care assistance to purposes directly connected with the
Page 36, Line 20administration of the Colorado child care assistance program and related
Page 36, Line 21department activities and covering the custody, use, and preservation of
Page 36, Line 22the records, papers, files, and communications of the department and
Page 36, Line 23county departments. Whenever, under provisions of law, names and
Page 36, Line 24addresses of applicants for, recipients of, or former and potential
Page 36, Line 25recipients of child care assistance are furnished to or held by another
Page 37, Line 1agency, department of government, or an auditor conducting a financial
Page 37, Line 2or performance audit of a county department pursuant to section
Page 37, Line 326-1-114.5, the agency, department, or auditor is required to prevent the
Page 37, Line 4publication of lists and uses of the lists for purposes not directly
Page 37, Line 5connected with the administration of the Colorado child care assistance program.
Page 37, Line 6SECTION 40. In Colorado Revised Statutes, 26.5-4-119, amend (4) as follows:
Page 37, Line 726.5-4-119. State income tax refund offset - rules. (4) The
Page 37, Line 8
executive director shall promulgate state board shall adopt rules establishing procedures to implement this section.Page 37, Line 9SECTION 41. In Colorado Revised Statutes, 26.5-5-102, amend (6)(a) introductory portion as follows:
Page 37, Line 1026.5-5-102. School-readiness quality improvement program -
Page 37, Line 11created - rules. (6) (a) The
executive director shall promulgate statePage 37, Line 12board shall adopt rules for the implementation of this section, including but not limited to rules that:
Page 37, Line 13SECTION 42. In Colorado Revised Statutes, 26.5-5-306, amend (2) as follows:
Page 37, Line 1426.5-5-306. Substitute child care providers - substitute
Page 37, Line 15placement agency - licensing - rules. (2) The
executive director shallPage 37, Line 16
promulgate state board shall adopt rules for substitute placementPage 37, Line 17agencies and substitute child care providers. At a minimum, the rules
Page 37, Line 18must require that the substitute child care provider demonstrate that the
Page 37, Line 19provider has the training and certification for the child care license type
Page 37, Line 20and position in which the substitute child care provider is placed.
Page 37, Line 21Pursuant to section 26.5-5-316 (1)(a)(I)(C), each substitute child care
Page 38, Line 1provider shall pay for and submit to a fingerprint-based criminal history
Page 38, Line 2record check and a review of the records and reports of child abuse or
Page 38, Line 3neglect maintained by the state department of human services to
Page 38, Line 4determine whether the substitute child care provider has been found to be
Page 38, Line 5responsible in a confirmed report of child abuse or neglect. When the
Page 38, Line 6results of a fingerprint-based criminal history record check or any other
Page 38, Line 7records check performed on a person pursuant to this subsection (2)
Page 38, Line 8reveal a record of arrest without a disposition, the department rules
shallPage 38, Line 9must require that person to submit to a name-based judicial record check,
Page 38, Line 10as defined in section 22-2-119.3 (6)(d). The substitute placement agency
Page 38, Line 11shall not place a substitute child care provider who is convicted of any of the crimes specified in section 26.5-5-309 (4) or 26.5-5-317.
Page 38, Line 12SECTION 43. In Colorado Revised Statutes, 26.5-5-307, amend (2)(f)(III)(B) and (2)(g)(III)(B) as follows:
Page 38, Line 1326.5-5-307. Application of part - guest child care facilities -
Page 38, Line 14public services short-term child care facilities - definition. (2) A
Page 38, Line 15person or entity shall not operate a guest child care facility or a public
Page 38, Line 16services short-term child care facility unless the following requirements are met:
Page 38, Line 17(f) (III) (B) The guest child care facility or public services
Page 38, Line 18short-term child care facility requests the department to obtain such
Page 38, Line 19information concerning the supervisory employee or applicant for a
Page 38, Line 20supervisory employee position from any other recognized database, if
Page 38, Line 21any, that is accessible on a statewide basis as set forth by rules
promulgated by the executive director adopted by the state board;Page 38, Line 22(g) (III) (B) The guest child care facility or public services
Page 38, Line 23short-term child care facility requests the department to obtain such
Page 39, Line 1information concerning the employee from any other recognized
Page 39, Line 2database, if any, that is accessible on a statewide basis as set forth by
Page 39, Line 3rules
promulgated by the executive director adopted by the state board; andPage 39, Line 4SECTION 44. In Colorado Revised Statutes, 26.5-5-308, amend (2) as follows:
Page 39, Line 526.5-5-308. Application of part - neighborhood youth
Page 39, Line 6organizations - rules - licensing - duties and responsibilities -
Page 39, Line 7definitions. (2) The
executive director shall promulgate state boardPage 39, Line 8shall adopt rules to establish a neighborhood youth organization
Page 39, Line 9license, including but not limited to the fee required to apply for and obtain the license. The rules shall not concern staff-to-youth ratios.
Page 39, Line 10SECTION 45. In Colorado Revised Statutes, 26.5-5-311, amend (1)(a) introductory portion and (1)(b) introductory portion as follows:
Page 39, Line 1126.5-5-311. Fees - when original applications, reapplications,
Page 39, Line 12and renewals for licensure are required - creation of child care
Page 39, Line 13licensing cash fund - rules. (1) (a) The department is authorized to
Page 39, Line 14establish, pursuant to rules
promulgated by the executive directorPage 39, Line 15adopted by the state board, permanent, time-limited, and provisional
Page 39, Line 16license fees and fees for continuation of a license for the following types of child care arrangements:
Page 39, Line 17(b) The department may also establish fees pursuant to rules
Page 39, Line 18
promulgated by the executive director adopted by the state board for the following situations:Page 39, Line 19SECTION 46. In Colorado Revised Statutes, 26.5-5-313, amend (4) introductory portion as follows:
Page 39, Line 2026.5-5-313. Applications - materials waivers - appeals - rules.
Page 40, Line 1(4) The
executive director shall promulgate state board shall adopt rules for the implementation of this section, including:Page 40, Line 2SECTION 47. In Colorado Revised Statutes, 26.5-5-314, amend (1), (2)(n), (3)(c), (4), and (6) as follows:
Page 40, Line 326.5-5-314. Standards for facilities and agencies - rules -
Page 40, Line 4definition. (1) The department shall prescribe and publish standards for
Page 40, Line 5licensing. The standards must be applicable to the various types of
Page 40, Line 6facilities and agencies for child care regulated and licensed by this part 3.
Page 40, Line 7The department shall seek the advice and assistance of persons
Page 40, Line 8representative of the various types of child care facilities and agencies in
Page 40, Line 9establishing the standards, including the advice and assistance of the
Page 40, Line 10department of public safety and councils and associations representing
Page 40, Line 11fire marshals and building code officials in the promulgation of any rules
Page 40, Line 12related to adequate fire protection and prevention, as allowed in
Page 40, Line 13subsection (2)(e) of this section, in a family child care home. The
Page 40, Line 14standards must be established by rules
promulgated by the executivePage 40, Line 15
director adopted by the state board and be issued, published, and become effective only in conformity with article 4 of title 24.Page 40, Line 16(2) The standards prescribed by department rules are restricted to:
Page 40, Line 17(n) Rules governing different types of family child care homes as
Page 40, Line 18well as any other types of family child care homes that may by necessity be established by rule of the
executive director state board.Page 40, Line 19(3) (c) If all of the requirements in section 22-1-119.5 and any
Page 40, Line 20additional department rules are met, a school-age child enrolled in a
Page 40, Line 21program on school property may possess and self-administer medication
Page 40, Line 22for asthma, a food allergy, or anaphylaxis. The
executive director statePage 40, Line 23board may adopt additional rules for programs on school property
Page 41, Line 1concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.
Page 41, Line 2(4) If all of the requirements in section 22-1-119.5 and any
Page 41, Line 3additional department rules are met, a child enrolled in a large child care
Page 41, Line 4center, as defined by rule
promulgated by the executive director adoptedPage 41, Line 5by the state board, may possess and self-administer medication for
Page 41, Line 6asthma, a food allergy, or anaphylaxis. The
executive director statePage 41, Line 7board may adopt additional rules concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.
Page 41, Line 8(6) The
executive director shall promulgate state board shallPage 41, Line 9adopt rules concerning standards for licensing early care and education
Page 41, Line 10programs that facilitate the recruitment and retention of Colorado's early childhood educator workforce as described in section 26.5-6-103.
Page 41, Line 11SECTION 48. In Colorado Revised Statutes, 26.5-5-315, amend (3) as follows:
Page 41, Line 1226.5-5-315. Staffing during emergency circumstances -
Page 41, Line 13definitions. (3) During an emergency circumstance, a child care center
Page 41, Line 14shall maintain the staff-to-child ratio required by rule of the
executive director state board.Page 41, Line 15SECTION 49. In Colorado Revised Statutes, 26.5-5-316, amend
Page 41, Line 16(1)(a)(I)(A), (1)(a)(I)(B), (1)(a)(I)(C), (1)(a)(I)(E), (1)(a)(II) introductory portion, and (1)(b)(II) as follows:
Page 41, Line 1726.5-5-316. Investigations and inspections - local authority -
Page 41, Line 18reports - rules. (1) (a) (I) (A) The department shall investigate and pass
Page 41, Line 19on each original application for a license, each application for a
Page 41, Line 20permanent license following the issuance of a probationary or provisional
Page 41, Line 21license, and each application for renewal to operate a facility or an agency
Page 42, Line 1prior to granting the license or renewal. As part of the investigation, the
Page 42, Line 2department shall require each individual, including, but not limited to, the
Page 42, Line 3applicant, any owner, employee, newly hired employee, licensee, and any
Page 42, Line 4adult who is eighteen years of age and older who resides in the licensed
Page 42, Line 5facility, to obtain a fingerprint-based criminal history record check by
Page 42, Line 6reviewing any record that is used to assist the department in ascertaining
Page 42, Line 7whether the person being investigated has been convicted of any of the
Page 42, Line 8criminal offenses specified in section 26.5-5-309 (4) or any other felony.
Page 42, Line 9The
executive director shall promulgate state board shall adopt rules that define and identify what the criminal history record check entails.Page 42, Line 10(B) Rules
promulgated by the executive director adopted by thePage 42, Line 11state board pursuant to this subsection (1)(a)(I) must allow an
Page 42, Line 12exemption from the fingerprint-based criminal history record check and
Page 42, Line 13the check of the records and reports of child abuse or neglect maintained
Page 42, Line 14by the state department of human services for those out-of-state
Page 42, Line 15employees working in Colorado at a children's resident camp in a
Page 42, Line 16temporary capacity for a camp that is in operation for fewer than ninety
Page 42, Line 17days. Each person so exempted from fingerprinting and the check of the
Page 42, Line 18records and reports of child abuse or neglect maintained by the state
Page 42, Line 19department of human services shall sign a statement that affirmatively
Page 42, Line 20states that the person has not been convicted of any charge of child abuse,
Page 42, Line 21unlawful sexual offense, or any felony. Prospective employers of
Page 42, Line 22exempted persons shall conduct reference checks of the prospective
Page 42, Line 23employees in order to verify previous work history and shall conduct personal interviews with each prospective employee.
Page 42, Line 24(C) Rules
promulgated by the executive director adopted by thePage 42, Line 25state board pursuant to this subsection (1)(a)(I) must require the
Page 43, Line 1fingerprint-based criminal history record check in all circumstances, other
Page 43, Line 2than those identified in subsection (1)(a)(I)(B) or (1)(a)(I)(D) of this
Page 43, Line 3section, to include a fingerprint-based criminal history record check
Page 43, Line 4utilizing the records of the Colorado bureau of investigation and the
Page 43, Line 5federal bureau of investigation and, for any new owner, new applicant,
Page 43, Line 6newly hired employee, new licensee, or individual who begins residing
Page 43, Line 7in the licensed facility. As part of the investigation, the records and
Page 43, Line 8reports of child abuse or neglect maintained by the state department of
Page 43, Line 9human services must be accessed to determine whether the owner,
Page 43, Line 10applicant, employee, newly hired employee, licensee, or individual who
Page 43, Line 11resides in the licensed facility being investigated has been found to be
Page 43, Line 12responsible in a confirmed report of child abuse or neglect. Information
Page 43, Line 13is made available pursuant to section 19-1-307 (2)(j) and rules
Page 43, Line 14promulgated by the state board of human services pursuant to section
Page 43, Line 1519-3-313.5 (4). Except as provided in subsection (1)(a)(I)(D) of this
Page 43, Line 16section, any change in ownership of a licensed facility or the addition of
Page 43, Line 17a new resident adult or newly hired employee to the licensed facility requires a new investigation as provided in this section.
Page 43, Line 18(E) The
executive director shall promulgate state board shall adopt rules to implement this subsection (1)(a)(I).Page 43, Line 19(II) Rules
promulgated by the executive director adopted by thePage 43, Line 20state board pursuant to subsection (1)(a)(I) of this section must also include:
Page 43, Line 21(b) (II) The
executive director state board shall adopt rulesPage 43, Line 22concerning the on-site public availability of the most recent inspection
Page 43, Line 23report results of child care center facilities and family child care home
Page 43, Line 24facilities, when requested. The
executive director state board shall alsoPage 44, Line 1adopt rules concerning a requirement that all facilities licensed under this
Page 44, Line 2part 3 post their licenses and information regarding the procedures for
Page 44, Line 3filing a complaint under this part 3 directly with the department, which
Page 44, Line 4rules must require that each such facility display its license and complaint
Page 44, Line 5procedures in a prominent and conspicuous location at all times during operational hours of the facility.
Page 44, Line 6SECTION 50. In Colorado Revised Statutes, 26.5-5-318, amend (1)(c) and (2) as follows:
Page 44, Line 726.5-5-318. Notice of negative licensing action - filing of
Page 44, Line 8complaints. (1) (c) The
executive director shall promulgate statePage 44, Line 9board shall adopt rules concerning the assessment of a fine against a
Page 44, Line 10licensee that is equal to the direct and indirect costs associated with the
Page 44, Line 11mailing of the notice described in subsection (1)(b) of this section against the facility.
Page 44, Line 12(2) The
executive director shall promulgate state board shallPage 44, Line 13adopt rules requiring child care center facilities and family child care
Page 44, Line 14home facilities to provide written notice to the parents and legal guardians
Page 44, Line 15of the children cared for in such facilities of the procedures by which to
Page 44, Line 16file a complaint against the facility or an employee of the facility with the
Page 44, Line 17department. The rules must specify the information the notice must
Page 44, Line 18contain, but must require that the notice include the current mailing
Page 44, Line 19address and telephone number of the appropriate division within the department.
Page 44, Line 20SECTION 51. In Colorado Revised Statutes, 26.5-5-325, amend (1)(c) and (2) as follows:
Page 44, Line 2126.5-5-325. Family child care homes - administration of
Page 44, Line 22routine medications - parental direction - rules. (1) The delegation of
Page 45, Line 1nursing tasks by a registered nurse pursuant to section 12-255-131 is not
Page 45, Line 2required for the administration of routine medications by a child care
Page 45, Line 3provider to children cared for in family child care homes licensed pursuant to this part 3, subject to the following conditions:
Page 45, Line 4(c) Routine medications are administered in compliance with rules
Page 45, Line 5
promulgated by the executive director adopted by the state board pursuant to subsection (2) of this section;Page 45, Line 6(2) The
executive director shall promulgate state board shallPage 45, Line 7adopt rules concerning the medically acceptable procedures and
Page 45, Line 8standards to be followed by child care providers administering routine medications to children cared for in family child care homes.
Page 45, Line 9SECTION 52. In Colorado Revised Statutes, 26.5-5-326, amend (4)(a) and (6) as follows:
Page 45, Line 1026.5-5-326. Exempt family child care home providers -
Page 45, Line 11fingerprint-based criminal history record check - child care
Page 45, Line 12assistance program money - temporary care - rules - definitions.
Page 45, Line 13(4) The department or a county department shall not issue or renew a
Page 45, Line 14contract to provide money pursuant to the Colorado child care assistance
Page 45, Line 15program pursuant to part 1 of article 4 of this title 26.5 to a qualified provider if the qualified provider or a qualified adult:
Page 45, Line 16(a) Has a pattern of misdemeanor or petty offense convictions
Page 45, Line 17occurring within the ten years preceding submission of the application,
Page 45, Line 18including petty offense convictions pursuant to section 26.5-5-321. The
Page 45, Line 19
executive director state board shall define by rule what constitutes a pattern of misdemeanor or petty offense convictions.Page 45, Line 20(6) The
executive director shall promulgate state board shallPage 45, Line 21adopt rules to establish the amount of the fee to collect from a qualified
Page 46, Line 1provider or qualified adult who is subject to an FCC pursuant to
Page 46, Line 2subsection (1) of this section or a name-based judicial record check
Page 46, Line 3pursuant to subsection (2) of this section. The department is authorized
Page 46, Line 4to collect the fee at the time of the FCC or name-based judicial record check.
Page 46, Line 5SECTION 53. In Colorado Revised Statutes, amend 26.5-5-327 as follows:
Page 46, Line 626.5-5-327. Unique student identifying numbers - rules. The
Page 46, Line 7
executive director shall promulgate state board shall adopt rules asPage 46, Line 8necessary for the assignment of uniquely identifying numbers to children
Page 46, Line 9who receive early childhood services. At a minimum, the rules must
Page 46, Line 10include children who receive state-subsidized or federally subsidized
Page 46, Line 11early childhood services, including but not limited to services provided
Page 46, Line 12through the child care development block grant, the Colorado universal preschool program, and head start.
Page 46, Line 13SECTION 54. In Colorado Revised Statutes, 26.5-5-331, amend (1) introductory portion as follows:
Page 46, Line 1426.5-5-331. Outdoor nature-based preschool programs - child
Page 46, Line 15care centers - rules - definition. (1) No later than December 31, 2025,
Page 46, Line 16the
executive director shall promulgate state board shall adopt rulesPage 46, Line 17for child care centers that operate as outdoor nature-based preschool
Page 46, Line 18programs. Rules
promulgated adopted pursuant to this section must include, but are not limited to:Page 46, Line 19SECTION 55. In Colorado Revised Statutes, amend 26.5-6-102 as follows:
Page 46, Line 2026.5-6-102. Voluntary child care credentialing system - rules.
Page 46, Line 21The department shall develop and maintain a statewide voluntary child
Page 47, Line 1care credentialing system that recognizes the training and educational
Page 47, Line 2achievements of persons providing early childhood care and education.
Page 47, Line 3The use of the voluntary child care credentialing system must include but
Page 47, Line 4need not be limited to the early childhood councils established pursuant
Page 47, Line 5to part 2 of article 2 of this title 26.5. The voluntary child care
Page 47, Line 6credentialing system is a multi-tiered system of graduated credentials that
Page 47, Line 7reflects the increased training, education, knowledge, skills, and
Page 47, Line 8competencies of persons working in early childhood care and education
Page 47, Line 9services in the various councils. The voluntary child care credentialing
Page 47, Line 10system must award credit for the education and training of persons
Page 47, Line 11working in early childhood care and education concerning the prevention
Page 47, Line 12of child sexual abuse. This education and training includes understanding
Page 47, Line 13healthy child development, creating safe environments for children,
Page 47, Line 14recognizing signs of abuse and problematic behaviors, and responsible
Page 47, Line 15methods of response to disclosures or concerns of abuse or potential
Page 47, Line 16abuse. The
executive director shall promulgate such state board shallPage 47, Line 17adopt rules as are necessary for the statewide implementation of the voluntary child care credentialing system.
Page 47, Line 18SECTION 56. In Colorado Revised Statutes, 26.5-6-103, amend (1) and (2) as follows:
Page 47, Line 1926.5-6-103. Pathways to the classroom and retention strategies
Page 47, Line 20for early childhood educators - standards - alignment across agencies
Page 47, Line 21- report - rules. (1) The
executive director shall promulgate statePage 47, Line 22board shall adopt rules establishing standards for licensing that allow
Page 47, Line 23an early care and education program to be licensed pursuant to part 3 of
Page 47, Line 24article 5 of this title 26.5 for a period of time determined by the
executivePage 47, Line 25
director state board, if a number, as specified in department rule, ofPage 48, Line 1aspiring early childhood educators in the program are pursuing a
Page 48, Line 2state-agency-approved early childhood credential and other quality, safety, and supervision conditions are met.
Page 48, Line 3(2) The
executive director shall promulgate state board shallPage 48, Line 4adopt rules that allow an early childhood educator to earn points toward
Page 48, Line 5an early childhood credential that meets child care licensing standards
Page 48, Line 6based on the candidate's prior experience and demonstrated competency.
Page 48, Line 7The licensing pathway must also include ways in which a candidate in a
Page 48, Line 8second career or changing careers can earn points or credits for prior
Page 48, Line 9experience and competencies that apply toward the qualifications for an
Page 48, Line 10early childhood educator credential. The standards and credential
Page 48, Line 11awarding process may use validated tools to award points for demonstrated competencies.
Page 48, Line 12SECTION 57. Effective date. This act takes effect upon passage;
Page 48, Line 13except that sections 4, 5, 6, 7, 8, 10, 12, 14, and 15 of this act take effect on June 1, 2026.
Page 48, Line 14SECTION 58. Safety clause. The general assembly finds,
Page 48, Line 15determines, and declares that this act is necessary for the immediate
Page 48, Line 16preservation of the public peace, health, or safety or for appropriations for
Page 48, Line 17the support and maintenance of the departments of the state and state institutions.