Senate Bill 26-019 Introduced

A Bill for an Act

• Page 1, Line 101Concerning changes to local early childhood

• Page 1, Line 102infrastructure, and, in connection therewith,

• Page 1, Line 103expanding the responsibilities and functions of early

• Page 1, Line 104childhood councils to include certain responsibilities

• Page 1, Line 105and functions formerly performed by local

• Page 1, Line 106coordinating organizations and imposing new

• Page 1, Line 107accountability requirements.

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 establishes a statewide integrated system of early childhood councils (councils) to improve and sustain the availability, accessibility, capacity, and quality of early childhood services. The bill expands the powers, functions, and responsibilities of a council in implementing a comprehensive system of early childhood and family support programs and services (programs and services) within the council's community.

Current law establishes local coordinating organizations (LCOs) to increase access to, coordinate, and allocate funding for programs and services through work with the families, program and service providers, and local governments in a community and with the department of early childhood (department). Effective July 1, 2026, the bill repeals provisions authorizing the creation and operation of LCOs and transfers the LCO rights, powers, duties, functions, and obligations concerning supporting access to and delivery of programs and services to the councils.

Current law requires a council to develop a strategic plan based upon an assessment of the early childhood needs in the council's designated service area (strategic plan). The bill requires a strategic plan to address specified issues, including:

• Assisting families in applying for programs and services;
• Coordinating outreach efforts with other councils, county departments of human or social services, school districts, local and regional service providers, and tribal agencies;
• Recruiting and coordinating providers to form a mixed delivery system that promotes family choice; and
• Supporting increased recruitment and retention of individuals in the early care and education workforce.

The bill requires a council, in partnership with the department, to create, review, and revise a scope of work that reflects the strategic plan and accurately represents the programs and services within the community, meets families' needs, and aligns with available appropriations and the department's statewide strategic planning process. Associated accountability metrics must also be reviewed and revised to align with the scope of work. The bill specifies a council's new obligations regarding monitoring and working to increase the availability of high-quality programs and services, supporting access to early childhood workforce training and other recruitment and retention efforts, data sharing agreements, integrated outreach for holistic family services, and auditing.

The bill establishes requirements for an agreement that sets forth the respective duties of a council and the department in implementing a strategic plan (agreement). The bill specifies the process for review and approval of and revisions to a scope of work or strategic plan and identifies the department's responsibilities for the coordinated distribution of public funding for programs and services; council training and technical assistance; dissemination of information about successful council strategies and innovations; and standards for communication, resolution of disputes, and contracting protocols. The bill modifies the process for the department to approve or facilitate a waiver of the rules for the implementation of council projects.

The bill requires the department to implement an annual performance review process for each council and solicit community feedback about a council's performance at intervals ranging from 3 to 5 years. If the department determines that a council is not meeting the requirements of the scope of work and accountability metrics contained in the agreement, the department may require the council to implement a performance improvement plan. If a council fails to make substantial progress toward addressing the issues raised in the performance improvement plan, the department may terminate the council's agreement.

The bill makes substantive and technical conforming amendments to address the reallocation of responsibilities and functions from LCOs to councils, including administrative and funding provisions related to the Colorado child care assistance program and the Colorado universal preschool program.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, add 26.5-2-106 as

• Page 3, Line 3follows:

• Page 3, Line 426.5-2-106.  Repeal of part.

• Page 3, Line 5This part 1 is repealed, effective July 1, 2026.

• Page 3, Line 6SECTION 2.  In Colorado Revised Statutes, amend 26.5-2-202

• Page 3, Line 7as follows:

• Page 3, Line 826.5-2-202.  Definitions.

• Page 3, Line 9As used in this part 2, unless the context otherwise requires:

• Page 3, Line 10(1)  "Accountability metrics" means the accountability

• Page 3, Line 11metrics included in an agreement to measure a council's

• Page 3, Line 12performance.

• Page 3, Line 13(2)  "Agreement" means the agreement or contract

• Page 3, Line 14described in section 26.5-2-206 that the department enters into

• Page 4, Line 1with an early childhood council and that contains a scope of

• Page 4, Line 2work and accountability metrics.

• Page 4, Line 3(1)  (3)  "Council" or "early childhood council" means an early

• Page 4, Line 4childhood council identified or established locally in communities

• Page 4, Line 5throughout the state pursuant to section 26.5-2-203 or 26.5-5-102 for the

• Page 4, Line 6purpose of developing and ultimately implementing a comprehensive

• Page 4, Line 7system of early childhood services to ensure the school readiness of

• Page 4, Line 8children five years of age or younger under six years old in the

• Page 4, Line 9community.

• Page 4, Line 10(2)  (4)  "County department" means the county or district

• Page 4, Line 11department of human or social services.

• Page 4, Line 12(5)  "Early childhood and family support program" means

• Page 4, Line 13any program across disciplines that serves children under six

• Page 4, Line 14years old and their families.

• Page 4, Line 15(3)  (6)  "Early childhood education program" means a child care

• Page 4, Line 16program licensed pursuant to part 3 of article 5 of this title 26.5 that

• Page 4, Line 17provides child care and education to children five years of age or younger

• Page 4, Line 18under six years old.

• Page 4, Line 19(4)  (7)  "Fund" means the early childhood cash fund created in

• Page 4, Line 20section 26.5-2-209 (1).

• Page 4, Line 21(8)  "Mixed delivery system" has the meaning set forth in

• Page 4, Line 22section 26.5-4-203.

• Page 4, Line 23(9)  "Performance improvement plan" means a plan

• Page 4, Line 24developed by the department pursuant to section 26.5-2-208.5

• Page 4, Line 25that an early childhood council must implement if the council

• Page 4, Line 26is not meeting the requirements of the scope of work and

• Page 4, Line 27accountability metrics contained in the agreement.

• Page 5, Line 1(10)  "Strategic plan" means a comprehensive plan

• Page 5, Line 2developed pursuant to section 26.5-2-204 to address the early

• Page 5, Line 3childhood needs in a designated service area.

• Page 5, Line 4SECTION 3.  In Colorado Revised Statutes, 26.5-2-203, amend

• Page 5, Line 5(1) as follows:

• Page 5, Line 626.5-2-203.  Early childhood councils - established - rules.

• Page 5, Line 7(1)  There is established a statewide integrated system of early

• Page 5, Line 8childhood councils to coordinate, improve, and sustain the availability,

• Page 5, Line 9accessibility, capacity, and quality of comprehensive early childhood

• Page 5, Line 10services for children and families throughout the state. The councils have

• Page 5, Line 11consistent function and structure statewide and are governed by the

• Page 5, Line 12department with input, cooperation, and support services from the

• Page 5, Line 13departments department of human services, including the

• Page 5, Line 14behavioral health administration, and the departments of

• Page 5, Line 15higher education, health care policy and financing, education, and

• Page 5, Line 16public health and environment.

• Page 5, Line 17SECTION 4.  In Colorado Revised Statutes, 26.5-2-204, add (4.5)

• Page 5, Line 18as follows:

• Page 5, Line 1926.5-2-204.  Early childhood councils - applications - strategic

• Page 5, Line 20plans - rules.

• Page 5, Line 21(4.5) (a)  Beginning on or before July 1, 2026, a strategic

• Page 5, Line 22plan developed pursuant to subsection (4) of this section must

• Page 5, Line 23foster access for families to, and robust participation by

• Page 5, Line 24providers in, early childhood and family support programs and

• Page 5, Line 25services and must address accessibility and quality

• Page 5, Line 26improvements that are consistent with the early childhood

• Page 5, Line 27Colorado framework.

• Page 6, Line 1(b)  The strategic plan must include:

• Page 6, Line 2(I)  The manner in which the council will assist families in

• Page 6, Line 3accessing referrals and resources for early care and

• Page 6, Line 4education, in applying for early childhood and family support

• Page 6, Line 5programs and services, and in enrolling children with early

• Page 6, Line 6care and education providers;

• Page 6, Line 7(II)  The manner in which the council will coordinate with

• Page 6, Line 8other entities, including, but not limited to, other councils,

• Page 6, Line 9county departments, school districts, local and regional

• Page 6, Line 10service providers, and tribal agencies to integrate outreach

• Page 6, Line 11efforts;

• Page 6, Line 12(III)  The manner in which the council will recruit and

• Page 6, Line 13coordinate with providers to ensure that families can choose

• Page 6, Line 14among providers, within the mixed delivery system in the

• Page 6, Line 15council's service area, that participate in publicly funded

• Page 6, Line 16programs, including the Colorado universal preschool program

• Page 6, Line 17and the Colorado child care assistance program; and

• Page 6, Line 18(IV)  A plan for facilitating access to workforce training

• Page 6, Line 19and education for service providers and for identifying and

• Page 6, Line 20implementing recruitment and retention strategies.

• Page 6, Line 21(c)  The strategic plan may include the manner in which

• Page 6, Line 22the council will facilitate access to early childhood and family

• Page 6, Line 23support programs and holistic services that include food, cash

• Page 6, Line 24assistance, health care, and county child welfare services,

• Page 6, Line 25including implementation of the federal "Family First

• Page 6, Line 26Prevention Services Act of 2018", as defined in section 26-5-101.

• Page 6, Line 27(d)  The council's strategies for identifying and securing,

• Page 7, Line 1as feasible, additional local resources and funding to support

• Page 7, Line 2early childhood and family support programs and services in the

• Page 7, Line 3community.

• Page 7, Line 4SECTION 5.  In Colorado Revised Statutes, 26.5-2-206, amend

• Page 7, Line 5(1)(f); repeal (1)(c); and add (2), (3), (4), and (5) as follows:

• Page 7, Line 626.5-2-206.  Early childhood councils - duties.

• Page 7, Line 7(1)  Each early childhood council has, at a minimum, the following

• Page 7, Line 8duties and functions:

• Page 7, Line 9(c)  To establish a local system of accountability to measure local

• Page 7, Line 10progress based on the needs and goals set for program performance;

• Page 7, Line 11(f)  To develop and implement a strategic plan as described in

• Page 7, Line 12section 26.5-2-204 (4), including a comprehensive evaluation and report

• Page 7, Line 13section 26.5-2-204 and regularly share information about

• Page 7, Line 14progress on accountability metrics with the department; and

• Page 7, Line 15(2) (a)  Beginning on or before July 1, 2026, a council, in

• Page 7, Line 16partnership with the department, shall create a scope of work

• Page 7, Line 17for the council and annually review the scope of work and

• Page 7, Line 18revise it if necessary.

• Page 7, Line 19(b)  Contemporaneously with reviewing the scope of work,

• Page 7, Line 20the council, in partnership with the department, shall annually

• Page 7, Line 21review accountability metrics associated with the scope of

• Page 7, Line 22work, and revise them if necessary, to ensure they align with the

• Page 7, Line 23revised scope of work.

• Page 7, Line 24(3)  Beginning on or before July 1, 2026, each council shall,

• Page 7, Line 25consistent with the council's scope of work, implement its

• Page 7, Line 26strategic plan.

• Page 7, Line 27(4)  Each council shall:

• Page 8, Line 1(a)  Support the availability of high-quality early

• Page 8, Line 2childhood care and education for all children, including

• Page 8, Line 3supporting access to training and support for members of the

• Page 8, Line 4early childhood workforce in all settings, including informal

• Page 8, Line 5or license-exempt providers;

• Page 8, Line 6(b)  Monitor the availability of high-quality early child

• Page 8, Line 7care and education programs within the community, and, as

• Page 8, Line 8appropriate, work to increase that availability over time to

• Page 8, Line 9better meet family and community needs;

• Page 8, Line 10(c)  Support public and private providers in recruiting,

• Page 8, Line 11developing, and retaining within the community a quality early

• Page 8, Line 12childhood workforce;

• Page 8, Line 13(d)  Work with providers in the community and enter into

• Page 8, Line 14data-sharing agreements as necessary to ensure the collection

• Page 8, Line 15and reporting of accountability metrics to the department, as

• Page 8, Line 16required by department rules, in a manner that minimizes

• Page 8, Line 17duplication and the burden on families and providers and

• Page 8, Line 18ensures compliance with all applicable data privacy and

• Page 8, Line 19security protections;

• Page 8, Line 20(e)  Work in coordination with county departments and

• Page 8, Line 21tribal agencies and local community-based organizations to

• Page 8, Line 22integrate outreach for early childhood and family support

• Page 8, Line 23programs and services with other efforts to provide holistic

• Page 8, Line 24services for families, including food, cash assistance, and health

• Page 8, Line 25care;

• Page 8, Line 26(f)  Comply with department rules, if any, in implementing

• Page 8, Line 27the council's strategic plan and carrying out the council's

• Page 9, Line 1duties;

• Page 9, Line 2(g)  Comply with any statutory auditing requirements

• Page 9, Line 3that apply to the council or, if the council is not otherwise

• Page 9, Line 4required by statute to undergo an annual financial audit,

• Page 9, Line 5contract for the performance of an annual financial audit or

• Page 9, Line 6financial review of the operations of the council by an

• Page 9, Line 7independent auditor; and

• Page 9, Line 8(h)  Comply with any other provisions included in the

• Page 9, Line 9agreement entered into between the council and the department

• Page 9, Line 10pursuant to subsection (5)(a) of this section.

• Page 9, Line 11(5)  To support partnership and mutual accountability

• Page 9, Line 12between early childhood councils and the department, the

• Page 9, Line 13department shall:

• Page 9, Line 14(a)  Enter into an agreement with each early childhood

• Page 9, Line 15council that is based on the council's strategic plan and

• Page 9, Line 16department goals and that specifies the respective duties of the

• Page 9, Line 17early childhood council and the department in implementing the

• Page 9, Line 18council's strategic plan. An agreement is not subject to the

• Page 9, Line 19requirements of the "Procurement Code", articles 101 to 112 of

• Page 9, Line 20title 24. The term of the initial agreement for an early

• Page 9, Line 21childhood council is three years, and subsequent agreements

• Page 9, Line 22must have terms of at least three but not more than five years,

• Page 9, Line 23as determined by the department. The agreement, at a minimum,

• Page 9, Line 24must include:

• Page 9, Line 25(I)  A scope of work for the council created in partnership

• Page 9, Line 26with the council that is responsive to local community needs;

• Page 9, Line 27contributes to collective outcomes; promotes the shared goals

• Page 10, Line 1of the early childhood Colorado framework and the

• Page 10, Line 2department of early childhood's statewide strategic plan; and

• Page 10, Line 3reflects expectations, targets, and accountability metrics, in

• Page 10, Line 4alignment with the council's strategic plan and statewide goals

• Page 10, Line 5for the provision of early childhood and family support

• Page 10, Line 6programs and services in Colorado, taking into consideration

• Page 10, Line 7available appropriations; and

• Page 10, Line 8(II)  The amount of any payment that the council receives

• Page 10, Line 9from the department to cover indirect costs during the term of

• Page 10, Line 10the agreement.

• Page 10, Line 11(b)  Review and approve the council's strategic plan and

• Page 10, Line 12scope of work created by each early childhood council,

• Page 10, Line 13including revisions of the strategic plan. Before approving the

• Page 10, Line 14council's strategic plan, the department may return the

• Page 10, Line 15strategic plan or scope of work to the council with changes to

• Page 10, Line 16ensure the strategic plan or scope of work is feasible, meets the

• Page 10, Line 17requirements of this section, and is aligned with the statewide

• Page 10, Line 18goals for the provision of early childhood and family support

• Page 10, Line 19programs and services in Colorado.

• Page 10, Line 20(c)  Distribute and administer public funding for early

• Page 10, Line 21childhood and family support programs and services in

• Page 10, Line 22accordance with strategic plans and in coordination with local

• Page 10, Line 23and tribal agencies, when applicable; except that the

• Page 10, Line 24department may delegate all or a portion of the responsibility

• Page 10, Line 25for distributing and administering public funding to a council

• Page 10, Line 26through the council's agreement;

• Page 10, Line 27(d)  Support early childhood councils by providing

• Page 11, Line 1funding, training, and technical assistance, including training

• Page 11, Line 2and technical assistance for the use of required technology

• Page 11, Line 3systems, regular and as-needed collaborative support, and

• Page 11, Line 4assistance in implementing strategic plans;

• Page 11, Line 5(e)  Identify successful strategies and innovations

• Page 11, Line 6implemented by early childhood councils throughout the state

• Page 11, Line 7and provide information, by posting information on the

• Page 11, Line 8department website or by another means, to assist early

• Page 11, Line 9childhood councils in replicating and adapting the strategies

• Page 11, Line 10and innovations in their communities; and

• Page 11, Line 11(f)  Commit to working with each early childhood council

• Page 11, Line 12in partnership to deliver services for children and families. The

• Page 11, Line 13department's commitments in the partnership include, but are

• Page 11, Line 14not limited to:

• Page 11, Line 15(I)  Clear and frequent communication, including regular

• Page 11, Line 16recommendations to support the smooth functioning of the

• Page 11, Line 17partnership;

• Page 11, Line 18(II)  Timely resolution of issues and disputes;

• Page 11, Line 19(III)  Maintaining a clear chain of command that offers a

• Page 11, Line 20council opportunities to connect directly with program

• Page 11, Line 21specialists and department leadership; and

• Page 11, Line 22(IV)  Maintaining timely contracting, invoicing, and

• Page 11, Line 23reimbursement in accordance with the terms of the agreement.

• Page 11, Line 24SECTION 6.  In Colorado Revised Statutes, 26.5-2-207, amend

• Page 11, Line 25(1), (2)(a), and (2)(b); and add (3) as follows:

• Page 11, Line 2626.5-2-207.  Early childhood councils - waivers - rules -

• Page 11, Line 27funding - application.

• Page 12, Line 1(1) (a)  A local council may request a waiver of any rule that would

• Page 12, Line 2prevent a council from implementing council projects in accordance

• Page 12, Line 3with the council's strategic plan. The local council shall submit the

• Page 12, Line 4request to the early childhood leadership commission created in part 3 of

• Page 12, Line 5article 1 of this title 26.5. The early childhood leadership commission

• Page 12, Line 6shall consult with the affected state agency in reviewing the request. The

• Page 12, Line 7department or other affected state agency department. The executive

• Page 12, Line 8director shall grant waivers upon recommendation by the commission

• Page 12, Line 9department.

• Page 12, Line 10(b)  If a council's waiver request falls outside the purview

• Page 12, Line 11of the department, the department shall assign a liaison to

• Page 12, Line 12consult with the affected state agency.

• Page 12, Line 13(c)  The executive director shall establish by rule the

• Page 12, Line 14requirements for the waiver process, including the format and

• Page 12, Line 15content of a council's waiver request, the criteria for the

• Page 12, Line 16executive director to grant a request to waive a department

• Page 12, Line 17rule, and associated timelines.

• Page 12, Line 18(2) (a)  The executive director shall promulgate adopt rules to

• Page 12, Line 19develop and distribute to councils the application form and application

• Page 12, Line 20process to be used by each council seeking to receive council

• Page 12, Line 21infrastructure, quality improvement, and technical assistance and

• Page 12, Line 22evaluation funding from the early childhood cash fund created in section

• Page 12, Line 2326.5-2-209 and other funding sources appropriated for early childhood

• Page 12, Line 24services.

• Page 12, Line 25(b)  The department shall, upon receipt, review applications for

• Page 12, Line 26early childhood funding from the early childhood cash fund established

• Page 12, Line 27in section 26.5-2-209 and other funding sources from money

• Page 13, Line 1appropriated from other sources for early childhood services.

• Page 13, Line 2(3)  The rules must include information about the

• Page 13, Line 3agreement termination process, application process, and

• Page 13, Line 4associated timelines if a county reconfigures or designates a

• Page 13, Line 5new convening entity.

• Page 13, Line 6SECTION 7.  In Colorado Revised Statutes, add 26.5-2-208.5 as

• Page 13, Line 7follows:

• Page 13, Line 826.5-2-208.5.  Early childhood councils - performance review

• Page 13, Line 9and accountability - rules - report.

• Page 13, Line 10(1) (a)  The executive director shall adopt rules

• Page 13, Line 11establishing a process that satisfies the requirements of this

• Page 13, Line 12section to review the performance of each council. Beginning on

• Page 13, Line 13or before January 1, 2027, the department shall implement the

• Page 13, Line 14review process established in rule by which the department at

• Page 13, Line 15least annually reviews the performance of each council in

• Page 13, Line 16serving the council's community, including implementing the

• Page 13, Line 17approved strategic plan and scope of work. During the review

• Page 13, Line 18process, the department shall, at a minimum:

• Page 13, Line 19(I)  Review the council's performance under the agreement

• Page 13, Line 20using the accountability metrics established with the scope of

• Page 13, Line 21work; and

• Page 13, Line 22(II)  At intervals ranging from three to five years, as

• Page 13, Line 23determined by the department, solicit input from families;

• Page 13, Line 24providers; members of the early childhood workforce; local and

• Page 13, Line 25tribal agencies; local governments; administrative units, as

• Page 13, Line 26defined in section 22-20-103; head start agencies; family

• Page 13, Line 27resource centers, as defined in section 26.5-3-102; county

• Page 14, Line 1departments of human or social services; and other interested

• Page 14, Line 2persons within the community concerning the performance of

• Page 14, Line 3the early childhood council.

• Page 14, Line 4(b) (I)  If the department determines that the council is not

• Page 14, Line 5meeting the requirements of the scope of work and

• Page 14, Line 6accountability metrics contained in the agreement, or is not

• Page 14, Line 7performing at the level required to successfully implement the

• Page 14, Line 8strategic plan and to ensure that the community substantially

• Page 14, Line 9meets local and statewide goals for the provision of early

• Page 14, Line 10childhood and family support programs and services, then the

• Page 14, Line 11department may require the council to implement a performance

• Page 14, Line 12improvement plan.

• Page 14, Line 13(II)  The department shall provide ongoing technical

• Page 14, Line 14assistance, support, and feedback to the council as the council

• Page 14, Line 15implements a performance improvement plan.

• Page 14, Line 16(III)  If the department determines that the council has

• Page 14, Line 17failed to make substantial progress toward addressing the

• Page 14, Line 18issues identified in the performance improvement plan within the

• Page 14, Line 19time frame identified in the plan, the department shall terminate

• Page 14, Line 20the council's agreement. On or before July 1, 2027, the executive

• Page 14, Line 21director shall adopt rules governing the process for

• Page 14, Line 22terminating an agreement.

• Page 14, Line 23(IV)  On or before July 1, 2027, the executive director

• Page 14, Line 24shall adopt rules establishing objective, measurable criteria

• Page 14, Line 25that the department shall apply in requiring a council to

• Page 14, Line 26implement a performance improvement plan.

• Page 14, Line 27(2)  For any area within the state for which a council is

• Page 15, Line 1not established, reconfiguring, or in the process of applying to

• Page 15, Line 2become part of the statewide system of early childhood

• Page 15, Line 3councils pursuant to this part 2, or for which an existing council

• Page 15, Line 4is not fully capable of implementing all aspects of the strategic

• Page 15, Line 5plan, the department shall work with the council, if any, and

• Page 15, Line 6the families, providers, local governments, local and tribal

• Page 15, Line 7agencies in the area, and, prior to July 1, 2026, local

• Page 15, Line 8coordinating organizations and child care resource and

• Page 15, Line 9referral agencies. At a minimum, the department shall:

• Page 15, Line 10(a)  Assist families in applying for early childhood and

• Page 15, Line 11family support programs and services and in enrolling children

• Page 15, Line 12with early care and education providers;

• Page 15, Line 13(b)  Ensure, to the extent practicable, that a mixed

• Page 15, Line 14delivery system of early childhood providers is available within

• Page 15, Line 15the area, which may include contracting with providers for the

• Page 15, Line 16delivery of early childhood services;

• Page 15, Line 17(c)  Assist families in combining and coordinating child

• Page 15, Line 18care resources and funding in order to create a full day of

• Page 15, Line 19services for as many children as possible; and

• Page 15, Line 20(d)  Allocate, distribute, and administer state funding and

• Page 15, Line 21coordinate with local and tribal agencies and local

• Page 15, Line 22governments to allocate, combine, and distribute local funding

• Page 15, Line 23for early childhood and family support programs and services

• Page 15, Line 24within the area.

• Page 15, Line 25(3)  If a council has failed to meet the requirements of the

• Page 15, Line 26scope of work and accountability metrics contained in the

• Page 15, Line 27agreement, the department shall notify the board or boards of

• Page 16, Line 1county commissioners that designated the convening entity

• Page 16, Line 2pursuant to section 26.5-2-203 (3). The executive director shall

• Page 16, Line 3adopt rules addressing the process for a board or boards of

• Page 16, Line 4county commissioners to appoint a new convening entity if the

• Page 16, Line 5department terminates an agreement due to a council's

• Page 16, Line 6performance issues.

• Page 16, Line 7(4)  Beginning in January 2028, and in January every year

• Page 16, Line 8thereafter, the department shall include, as part of its

• Page 16, Line 9presentation during its"SMART Act" hearing required by section

• Page 16, Line 102-7-203, information concerning councils' progress toward

• Page 16, Line 11achieving accountability metrics as shared with the department

• Page 16, Line 12pursuant to section 26.5-2-206 (1)(f).

• Page 16, Line 13SECTION 8.  In Colorado Revised Statutes, repeal 26.5-2-208.

• Page 16, Line 14SECTION 9.  In Colorado Revised Statutes, add 26.5-2-210 as

• Page 16, Line 15follows:

• Page 16, Line 1626.5-2-210.  Transfer of functions.

• Page 16, Line 17(1)  It is the intent of the general assembly that on and

• Page 16, Line 18after July 1, 2026, the statewide system of early childhood

• Page 16, Line 19councils is responsible for executing, administering, performing,

• Page 16, Line 20and enforcing the rights, powers, duties, functions, and

• Page 16, Line 21obligations vested before July 1, 2026, in the local coordinating

• Page 16, Line 22organizations established pursuant to part 1 of this article 2, as

• Page 16, Line 23it existed prior to July 1, 2026.

• Page 16, Line 24(2)  It is the intent of the general assembly that the

• Page 16, Line 25rights, powers, duties, functions, and obligations concerning

• Page 16, Line 26supporting access to and delivery of early childhood and family

• Page 16, Line 27support programs and services are transferred to the statewide

• Page 17, Line 1system of early childhood councils, effective July 1, 2026.

• Page 17, Line 2(3)  A local coordinating organization retains the rights,

• Page 17, Line 3powers, duties, functions, and obligations necessary to satisfy

• Page 17, Line 4the requirements of a coordinator agreement in force prior to

• Page 17, Line 5July 1, 2026. An early childhood council may subcontract the

• Page 17, Line 6provision of services described in this part 2 to a local

• Page 17, Line 7coordinating organization that is established prior to July 1,

• Page 17, Line 82026, and that is not also an early childhood council. An early

• Page 17, Line 9childhood council may subcontract the provision of services

• Page 17, Line 10described in this part 2, including after July 1, 2026, if the

• Page 17, Line 11subcontracting is consistent with the council's approved scope

• Page 17, Line 12of work, accountability metrics, and department oversight.

• Page 17, Line 13(4)  The rules pertaining to the rights, powers, duties,

• Page 17, Line 14functions, and obligations transferred to the statewide system

• Page 17, Line 15of early childhood councils that are adopted by the executive

• Page 17, Line 16director and are in effect as of July 1, 2026, continue in effect

• Page 17, Line 17and apply to the department and persons providing the services

• Page 17, Line 18described in part 1 of this article 2 as it existed prior to July 1,

• Page 17, Line 192026, until replaced by rules adopted by the executive director

• Page 17, Line 20pursuant to this part 2 on or before July 1, 2027.

• Page 17, Line 21(5)  On and after July 1, 2026, unless otherwise specified, if

• Page 17, Line 22a provision of law refers to a local coordinating organization

• Page 17, Line 23with regard to the rights, powers, duties, functions, or

• Page 17, Line 24obligations specified in subsection (1) of this section, the law is

• Page 17, Line 25construed as referring to an early childhood council.

• Page 17, Line 26SECTION 10.  In Colorado Revised Statutes, 26.5-1-103, amend

• Page 17, Line 27(4) as follows:

• Page 18, Line 126.5-1-103.  Definitions.

• Page 18, Line 2As used in this title 26.5, unless the context otherwise requires:

• Page 18, Line 3(4)  "Local coordinating organization" means the entity selected by

• Page 18, Line 4the department pursuant to section 26.5-2-103 prior to July 1, 2026, to

• Page 18, Line 5implement a community plan for increasing access to, coordinating, and

• Page 18, Line 6allocating funding for early childhood and family support programs and

• Page 18, Line 7services within a specified community.

• Page 18, Line 8SECTION 11.  In Colorado Revised Statutes, 26.5-1-105, amend

• Page 18, Line 9(2)(i) as follows:

• Page 18, Line 1026.5-1-105.  Powers and duties of the executive director - rules

• Page 18, Line 11- rules advisory council - repeal.

• Page 18, Line 12(2) (i)  In reviewing and making recommendations concerning

• Page 18, Line 13rules and in preparing other recommendations for the executive director,

• Page 18, Line 14the council shall strive to develop recommendations that are detailed and

• Page 18, Line 15measurable and consider the impacts on children, parents, families,

• Page 18, Line 16providers, school districts, counties, and local coordinating organizations

• Page 18, Line 17early childhood councils. The rules advisory council must approve

• Page 18, Line 18recommendations by a majority vote and provide those recommendations

• Page 18, Line 19to the executive director in writing. Members of the council voting in the

• Page 18, Line 20minority may submit a written explanation of their opposition to the

• Page 18, Line 21recommendations to the executive director.

• Page 18, Line 22SECTION 12.  In Colorado Revised Statutes, 26.5-1-109, amend

• Page 18, Line 23(1)(i) as follows:

• Page 18, Line 2426.5-1-109.  Department functions - operating principles.

• Page 18, Line 25(1)  The department shall execute the following functions and

• Page 18, Line 26operate programs and provide services associated with those functions as

• Page 18, Line 27described in this title 26.5 and authorized by federal law:

• Page 19, Line 1(i)  Collaborate with other state departments, local and tribal

• Page 19, Line 2agencies, and local coordinating organizations early childhood

• Page 19, Line 3councils to safely collect and share data, eliminating duplication of data

• Page 19, Line 4collection when possible, while ensuring privacy and security for children

• Page 19, Line 5and families, to enable the department to gauge the statewide quality,

• Page 19, Line 6availability, capacity, and delivery of early childhood and family support

• Page 19, Line 7programs and services;

• Page 19, Line 8SECTION 13.  In Colorado Revised Statutes, 26.5-1-111, amend

• Page 19, Line 9(1) introductory portion and (2)(c) as follows:

• Page 19, Line 1026.5-1-111.  Data system - collection - analysis - cross-agency

• Page 19, Line 11agreements.

• Page 19, Line 12(1)  The department shall work with local coordinating

• Page 19, Line 13organizations early childhood councils, state agencies, local and

• Page 19, Line 14tribal agencies, and providers, as necessary, to collect, share, manage, and

• Page 19, Line 15protect qualitative and quantitative data pertaining to early childhood and

• Page 19, Line 16family support programs and services. The department shall review and

• Page 19, Line 17analyze the collected data to assess:

• Page 19, Line 18(2)  At a minimum, the department shall collect data pertaining to

• Page 19, Line 19early childhood and family support programs and services that includes:

• Page 19, Line 20(c)  Information that enables the department, local coordinating

• Page 19, Line 21organizations early childhood councils, and local and tribal agencies

• Page 19, Line 22to assess on a continuing basis the needs for early childhood and family

• Page 19, Line 23support programs and services in an area and make decisions concerning

• Page 19, Line 24the provision of programs and services;

• Page 19, Line 25SECTION 14.  In Colorado Revised Statutes, 26.5-1-112, amend

• Page 19, Line 26(1)(d) as follows:

• Page 19, Line 2726.5-1-112.  Transition review - program review - report -

• Page 20, Line 1repeal.

• Page 20, Line 2(1) (d)  In conducting the reviews and making recommendations

• Page 20, Line 3pursuant to this subsection (1), the independent evaluator shall solicit

• Page 20, Line 4input through a process that includes participation by the populations

• Page 20, Line 5served by the programs; the providers and members of the workforce

• Page 20, Line 6working in the programs; local coordinating organizations; state, local,

• Page 20, Line 7and tribal agencies involved in implementing the programs; and any other

• Page 20, Line 8relevant experts.

• Page 20, Line 9SECTION 15.  In Colorado Revised Statutes, 26.5-4-109, amend

• Page 20, Line 10(4) as follows:

• Page 20, Line 1126.5-4-109.  Provider rates - provider recruitment - provider.

• Page 20, Line 12(4)  The department, working with early childhood councils as

• Page 20, Line 13defined in section 26.5-2-202 and county departments, and local

• Page 20, Line 14coordinating organizations as defined in section 26.5-2-102 shall identify

• Page 20, Line 15and recruit providers throughout the state to participate in the child care

• Page 20, Line 16assistance program. In identifying and recruiting providers, the

• Page 20, Line 17department and local coordinating organizations early childhood

• Page 20, Line 18councils shall establish a mixed delivery system of public and private

• Page 20, Line 19providers in communities throughout the state that enables parents to

• Page 20, Line 20select CCCAP providers for their children from as broad a range as

• Page 20, Line 21possible within their respective communities.

• Page 20, Line 22SECTION 16.  In Colorado Revised Statutes, 26.5-4-111, amend

• Page 20, Line 23(11) and (12)(d) as follows:

• Page 20, Line 2426.5-4-111.  Services - eligibility - assistance provided - waiting

• Page 20, Line 25lists - rules - exceptions from cooperating with child support

• Page 20, Line 26establishment.

• Page 20, Line 27(11)  A provider or a local coordinating organization, as defined

• Page 21, Line 1in section 26.5-2-102 an early childhood council, as defined in

• Page 21, Line 2section 26.5-2-202, may accept a family's CCCAP application and

• Page 21, Line 3submit it the application to the county on behalf of a family seeking

• Page 21, Line 4child care assistance.

• Page 21, Line 5(12)  Each county:

• Page 21, Line 6(d)  May use its the county's CCCAP allocation to provide

• Page 21, Line 7enrollment contracts or grants to early care and education providers: To

• Page 21, Line 8support implementation of the local community plan described in section

• Page 21, Line 926.5-2-104 applicable early childhood council strategic plan

• Page 21, Line 10described in section 26.5-2-204; to increase the supply and improve the

• Page 21, Line 11quality of child care for infants and toddlers, children with disabilities,

• Page 21, Line 12after-hours care, and children in underserved neighborhoods; to provide

• Page 21, Line 13stability for the early childhood sector; and to improve alignment with the

• Page 21, Line 14provision of additional preschool services, as defined in section

• Page 21, Line 1526.5-4-203, to working families who need additional care;

• Page 21, Line 16SECTION 17.  In Colorado Revised Statutes, 26.5-4-203, repeal

• Page 21, Line 17(5) and (11); and add (5.5) as follows:

• Page 21, Line 1826.5-4-203.  Definitions.

• Page 21, Line 19As used in this part 2, unless the context otherwise requires:

• Page 21, Line 20(5)  "Community plan" means the community plan adopted by a

• Page 21, Line 21local coordinating organization pursuant to section 26.5-2-104.

• Page 21, Line 22(5.5)  "Early childhood council" means an early childhood

• Page 21, Line 23council identified or established locally in communities

• Page 21, Line 24throughout the state pursuant to section 26.5-2-203.

• Page 21, Line 25(11)  "Local coordinating organization" means the entity selected

• Page 21, Line 26by the department pursuant to section 26.5-2-103 to implement a

• Page 21, Line 27community plan for early childhood and family support programs and

• Page 22, Line 1services within a specified community.

• Page 22, Line 2SECTION 18.  In Colorado Revised Statutes, 26.5-4-204, amend

• Page 22, Line 3(2) as follows:

• Page 22, Line 426.5-4-204.  Colorado universal preschool program - created

• Page 22, Line 5- eligibility - workforce development plan - program funding - rules.

• Page 22, Line 6(2)  For the 2023-24 school year and each school year thereafter,

• Page 22, Line 7subject to the availability and enrollment capacity of preschool providers,

• Page 22, Line 8parents throughout the state may enroll their children, free of charge, in

• Page 22, Line 9ten hours per week of publicly funded preschool services for the school

• Page 22, Line 10year preceding the school year in which the children are eligible to enroll

• Page 22, Line 11in kindergarten. The department, working with local coordinating

• Page 22, Line 12organizations early childhood councils, shall identify and recruit

• Page 22, Line 13preschool providers throughout the state to participate in the Colorado

• Page 22, Line 14universal preschool program. In identifying and recruiting preschool

• Page 22, Line 15providers, the department and local coordinating organizations early

• Page 22, Line 16childhood councils shall, to the extent practicable, establish a mixed

• Page 22, Line 17delivery system in communities throughout the state that enables parents

• Page 22, Line 18to select preschool providers for their children from as broad a range as

• Page 22, Line 19possible within their respective communities.

• Page 22, Line 20SECTION 19.  In Colorado Revised Statutes, 26.5-4-205, amend

• Page 22, Line 21(1)(b)(I) as follows:

• Page 22, Line 2226.5-4-205.  Quality standards - evaluation - support.

• Page 22, Line 23(1) (b) (I)  Except as provided in subsection (1)(b)(II) of this

• Page 22, Line 24section, the department shall ensure that each preschool provider that

• Page 22, Line 25participates in the preschool program meets the quality standards

• Page 22, Line 26established by rule in accordance with this section. The department may

• Page 22, Line 27work with a local coordinating organization an early childhood

• Page 23, Line 1council to ensure that a preschool provider meets the quality standards.

• Page 23, Line 2The department may prohibit a preschool provider that fails to meet one

• Page 23, Line 3or more of the quality standards from participating in the preschool

• Page 23, Line 4program.

• Page 23, Line 5SECTION 20.  In Colorado Revised Statutes, 26.5-4-207, amend

• Page 23, Line 6(3) as follows:

• Page 23, Line 726.5-4-207.  Preschool program evaluation and improvement

• Page 23, Line 8process - independent evaluator.

• Page 23, Line 9(3)  The department shall communicate the evaluations and

• Page 23, Line 10recommendations of the independent evaluator to families, communities,

• Page 23, Line 11preschool providers, local coordinating organizations early childhood

• Page 23, Line 12councils, the state board of education, and the general assembly, as

• Page 23, Line 13appropriate, to inform and improve early childhood teaching and

• Page 23, Line 14education and policy-making related to early childhood education.

• Page 23, Line 15SECTION 21.  In Colorado Revised Statutes, 26.5-4-208, amend

• Page 23, Line 16(1)(c), (1)(e), (3)(a), (3)(c)(II), and (3)(c)(IV) as follows:

• Page 23, Line 1726.5-4-208.  Preschool provider funding - per-child rates - local

• Page 23, Line 18contribution - distribution and use of money - definitions.

• Page 23, Line 19(1) (c)  In establishing the formula for additional preschool

• Page 23, Line 20services, in addition to the considerations specified in subsection (1)(a)

• Page 23, Line 21of this section, the department may consider the amount of local funding

• Page 23, Line 22available to assist families within a community based on the community

• Page 23, Line 23plan applicable early childhood council strategic plan described

• Page 23, Line 24in section 26.5-2-204 or available within an area that does not have a

• Page 23, Line 25local coordinating organization an early childhood council. A

• Page 23, Line 26preschool provider is prohibited from charging a fee for additional

• Page 23, Line 27preschool services to a family that participates in the preschool program

• Page 24, Line 1that exceeds the amount charged to families that do not receive additional

• Page 24, Line 2preschool services.

• Page 24, Line 3(e)  In establishing the formulas and other distribution amounts,

• Page 24, Line 4the department shall consult with the rules advisory council, the early

• Page 24, Line 5childhood leadership commission, and members of the early childhood

• Page 24, Line 6community, including parents of preschool-age children, preschool

• Page 24, Line 7educators, preschool providers, early childhood councils, school districts,

• Page 24, Line 8charter schools, representatives of county departments of human or social

• Page 24, Line 9services, local coordinating organizations, and individuals with financial

• Page 24, Line 10expertise in public and private funding sources for early childhood

• Page 24, Line 11services.

• Page 24, Line 12(3) (a)  Beginning in the 2023-24 fiscal year 2026-27 fiscal year

• Page 24, Line 13and for each fiscal year thereafter, the department, working with local

• Page 24, Line 14coordinating organizations as provided in each local coordinating

• Page 24, Line 15organization's coordinator agreement early childhood councils in

• Page 24, Line 16accordance with each early childhood council's agreement with

• Page 24, Line 17the department, shall distribute the funding appropriated to the

• Page 24, Line 18department for preschool services from the preschool programs cash fund

• Page 24, Line 19and any amount received pursuant to section 26.5-4-209 (2). The

• Page 24, Line 20department and local coordinating organizations early childhood

• Page 24, Line 21councils, as applicable, shall base the amounts distributed on the

• Page 24, Line 22per-child rates and any special purpose distributions established for the

• Page 24, Line 23applicable fiscal year pursuant to subsection (1) of this section. At the

• Page 24, Line 24start of each fiscal year, the department and local coordinating

• Page 24, Line 25organizations early childhood councils, as applicable, shall distribute

• Page 24, Line 26a portion of the funding to preschool providers based on the numbers and

• Page 24, Line 27types of eligible children expected to enroll in preschool as estimated in

• Page 25, Line 1the community strategic plans or as estimated by the department for an

• Page 25, Line 2area that does not have a local coordinating organization an early

• Page 25, Line 3childhood council. The department and local coordinating

• Page 25, Line 4organizations early childhood councils, as applicable, shall continue

• Page 25, Line 5distributing portions of the funding periodically throughout the school

• Page 25, Line 6year and shall adjust the amounts distributed based on the actual numbers

• Page 25, Line 7and types of eligible children enrolled by preschool providers.

• Page 25, Line 8(c) (II)  The department and local coordinating organizations

• Page 25, Line 9early childhood councils, as applicable, shall distribute the funding

• Page 25, Line 10for preschool services for children who are three years of age or younger

• Page 25, Line 11as described in subsection (3)(c)(I)(B) of this section only to preschool

• Page 25, Line 12providers that are school districts or charter schools for the eligible

• Page 25, Line 13children who are three years of age and younger whom the school district

• Page 25, Line 14or charter school enrolls in accordance with the preschool program;

• Page 25, Line 15except that, in a fiscal year in which the general assembly specifically

• Page 25, Line 16appropriates an amount to provide preschool services for children three

• Page 25, Line 17years of age or younger who do not have disabilities that exceeds the

• Page 25, Line 18amount described in subsection (3)(c)(I)(B) of this section, the

• Page 25, Line 19department may distribute in accordance with the applicable community

• Page 25, Line 20plans strategic plans described in section 26.5-2-204 all or any

• Page 25, Line 21portion of the excess appropriation amount to community-based

• Page 25, Line 22preschool providers. A school district may distribute all or a portion of the

• Page 25, Line 23amount received pursuant to this subsection (3)(c)(II) to a head start

• Page 25, Line 24agency or community-based preschool provider that provides preschool

• Page 25, Line 25services pursuant to a contract with the school district.

• Page 25, Line 26(IV)  In a fiscal year in which the amount described in subsection

• Page 25, Line 27(3)(c)(I)(B) of this section to fund preschool services for children who are

• Page 26, Line 1three years of age or younger is less than is required to fully fund the

• Page 26, Line 2number of said eligible children who actually enroll for preschool

• Page 26, Line 3services, the department shall first provide funding for the eligible

• Page 26, Line 4children with disabilities and eligible children who are in low-income

• Page 26, Line 5families and meet at least one qualifying factor and then provide funding

• Page 26, Line 6for the remaining eligible children who are in low-income families. If any

• Page 26, Line 7amount of the appropriation described in subsection (3)(c)(I)(B) of this

• Page 26, Line 8section remains, the department, working with the rules advisory council,

• Page 26, Line 9the local coordinating organizations early childhood councils, and

• Page 26, Line 10any other interested persons, shall establish the priority for distributing

• Page 26, Line 11the funding among the remaining eligible children.

• Page 26, Line 12SECTION 22.  In Colorado Revised Statutes, 26.5-4-209, amend

• Page 26, Line 13(5) as follows:

• Page 26, Line 1426.5-4-209.  Preschool programs cash fund - created - use.

• Page 26, Line 15(5)  After ensuring the delivery of direct services for

• Page 26, Line 16eligible children, the department may use money appropriated from the

• Page 26, Line 17preschool programs cash fund for the administrative costs of local

• Page 26, Line 18coordinating organizations incurred by early childhood councils

• Page 26, Line 19that are directly related to the delivery of preschool services.

• Page 26, Line 20SECTION 23.  In Colorado Revised Statutes, 26.5-4-210, amend

• Page 26, Line 21(1) introductory portion, (1)(e), (1)(g)(VII), and (2) as follows:

• Page 26, Line 2226.5-4-210.  Reporting.

• Page 26, Line 23(1)  Beginning with the hearing held in January of 2025 As part of

• Page 26, Line 24the annual hearing held pursuant to the "State Measurement for

• Page 26, Line 25Accountable, Responsive, and Transparent (SMART) Government Act",

• Page 26, Line 26part 2 of article 7 of title 2, the department shall report on the

• Page 26, Line 27implementation and effectiveness of the Colorado universal preschool

• Page 27, Line 1program in the preceding fiscal year. At a minimum, the report must

• Page 27, Line 2include:

• Page 27, Line 3(e)  The amount of funding distributed to preschool providers

• Page 27, Line 4through the preschool program, in total and disaggregated by

• Page 27, Line 5communities with local coordinating organizations early childhood

• Page 27, Line 6councils and areas of the state that do not have local coordinating

• Page 27, Line 7organizations early childhood councils;

• Page 27, Line 8(g)  Of the amount appropriated from the preschool programs cash

• Page 27, Line 9fund, the amount, expressed as a dollar amount and a percentage of the

• Page 27, Line 10total appropriation, that:

• Page 27, Line 11(VII)  Was spent on administrative expenses of the department and

• Page 27, Line 12each local coordinating organization early childhood council;

• Page 27, Line 13(2)  The department may request and local coordinating

• Page 27, Line 14organizations early childhood councils and preschool providers shall

• Page 27, Line 15provide information as necessary for the department to prepare the report

• Page 27, Line 16described in subsection (1) of this section.

• Page 27, Line 17SECTION 24.  In Colorado Revised Statutes, 24-101-105, amend

• Page 27, Line 18(1)(a)(XVII) as follows:

• Page 27, Line 1924-101-105.  Application of this code.

• Page 27, Line 20(1) (a)  This code applies to all publicly funded contracts entered

• Page 27, Line 21into by all governmental bodies of the executive branch of this state;

• Page 27, Line 22except that this code does not apply to:

• Page 27, Line 23(XVII)  The department of early childhood in soliciting and

• Page 27, Line 24selecting approving entities to serve as local coordinating organizations

• Page 27, Line 25pursuant to section 26.5-2-103 early childhood councils pursuant

• Page 27, Line 26to section 26.5-2-204 and coordinating agreements entered into

• Page 27, Line 27pursuant to section 26.5-2-105 section 26.5-2-206; or

• Page 28, Line 1SECTION 25.  Effective date. This act takes effect upon passage;

• Page 28, Line 2except that section 26.5-4-203 (5) and (11), Colorado Revised Statutes,

• Page 28, Line 3as repealed in section 17 of this act, and section 26.5-4-208 (3)(a),

• Page 28, Line 4(3)(c)(II), and (3)(c)(IV), Colorado Revised Statutes, as amended in

• Page 28, Line 5section 21 of this act, take effect July 1, 2026.

• Page 28, Line 6SECTION 26.  Safety clause. The general assembly finds,

• Page 28, Line 7determines, and declares that this act is necessary for the immediate

• Page 28, Line 8preservation of the public peace, health, or safety or for appropriations for

• Page 28, Line 9the support and maintenance of the departments of the state and state

• Page 28, Line 10institutions.