C.R.S. § 26.5-1-101 Short title
26.5-1-101. Short title. The short title of this title 26.5 is the "Anna Jo Garcia Haynes Early Childhood Act".
Early Childhood Programs and Services
C.R.S. tit. 26.5, art. 1
in effectC.R.S. § 26.5-1-102 Legislative intent
26.5-1-102. Legislative intent. (1) It is the intent of the general assembly that the department of early childhood shall work with other state and local agencies, public and private early childhood providers, head start agencies, nonprofit organizations, and parents and families to:
(a) Provide high-quality, voluntary, affordable early childhood opportunities for all children in Colorado;
(b) Coordinate the availability of early childhood programs and services in Colorado to meet the needs of all families;
(c) Establish state and community partnerships that provide for a mixed delivery of child care and early childhood programs through school-based and community-based providers;
(d) Ensure that parent and community input are prioritized in the continuing design and implementation of programs and policies affecting children and families;
(e) Maximize the efficient use of resources to ensure that parents, children, and early childhood program and service providers are prioritized and receive the greatest level of investment and financial support with the lowest possible administrative burden;
(f) Prioritize the equitable delivery of resources and supports for early childhood;
(g) Unify within the department the administration of child care and early learning programs to effectively and efficiently support a streamlined parent and provider experience and to support a diverse array of providers of early childhood care and learning services. Unification of the programs must include:
(I) Development of a common program application process, which, to the extent practicable, is accessible in families' preferred languages, to streamline the eligibility and enrollment experience for families;
(II) Quality program standards that support child development and successful transitions to elementary education and are aligned and integrated with standards from other early care and learning programs; and
(III) Focus on recruitment and retention strategies, including strategies designed to recruit and retain individuals from different cultural backgrounds, and compensation strategies for the early care and learning workforce to elevate and support the workforce across all care and learning settings; and
(h) Improve outcomes for children and families through:
(I) Strategies that support recruitment, training, and compensation of the early childhood workforce, including strategies designed to recruit and retain individuals from different cultural backgrounds;
(II) Implementation of evidence- and practice-based best practices in education, family support, and child development with a focus on continuous improvement and innovation;
(III) Program evaluation for continuous improvement, including monitoring metrics that promote transparency and efficiency of administration, program quality assessment, and child and family outcomes and accountability, which are reported annually and must address removal or reduction of access barriers, realization of administrative or financial efficiencies, and progress toward achieving the department's mission;
(IV) Alignment with state and federal requirements under the state "Exceptional Children's Educational Act", part 1 of article 20 of title 22, and part B and part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; and
(V) Education and training regarding how to identify and address child and family trauma and support a trauma-informed approach to early childhood.
C.R.S. § 26.5-1-103 Definitions
26.5-1-103. Definitions. As used in this title 26.5, unless the context otherwise requires:
(1) "Department" means the department of early childhood created in section 26.5-1-104.
(2) "Department rule" means a rule promulgated by the executive director as authorized in section 26.5-1-105.
(3) "Executive director" means the executive director of the department of early childhood.
(4) "Local coordinating organization" means the entity selected by the department pursuant to section 26.5-2-103 to implement a community plan for increasing access to, coordinating, and allocating funding for early childhood and family support programs and services within a specified community.
(5) "Rules advisory council" or "council" means the council convened by the executive director pursuant to section 26.5-1-105.
C.R.S. § 26.5-1-104 Department of early childhood - created - executive director - powers, duties, and functions
26.5-1-104. Department of early childhood - created - executive director - powers, duties, and functions. (1) There is created the department of early childhood, the head of which is the executive director of the department of early childhood, which office is created. The governor shall appoint the executive director, with the consent of the senate, and the executive director serves at the pleasure of the governor. The reappointment of an executive director after an initial election of a governor is subject to the provisions of section 24-20-109. In appointing an executive director, the governor shall make concerted efforts to identify qualified individuals who are representative of the diverse populations of children and families residing in Colorado. The executive director has those powers, duties, and functions prescribed for the heads of principal departments in the "Administrative Organization Act of 1968", article 1 of title 24, and any powers, duties, and functions set forth in this title 26.5.
(2) The department of early childhood consists of an executive director of the department of early childhood and such divisions, sections, other units, and advisory boards as the executive director may establish pursuant to subsection (3) of this section and as may be specified in this title 26.5.
(3) The executive director may establish such divisions, sections, other units, and advisory boards within the department as are necessary for the proper and efficient discharge of the powers, duties, and functions of the department.
(4) The department of early childhood is responsible for administering the functions and programs as set forth in this title 26.5.
(5) Repealed.
C.R.S. § 26.5-1-105 Powers and duties of the executive director - rules - rules advisory council - repeal
26.5-1-105. Powers and duties of the executive director - rules - rules advisory council - repeal. (1) (a) The executive director is authorized to promulgate, in accordance with the "State Administrative Procedure Act", article 4 of title 24, all rules for the administration of the department and for the execution and administration of the functions specified in section 26.5-1-109 and for the programs and services specified in this title 26.5. In promulgating rules, the executive director shall, to the greatest extent possible:
(I) Reduce the administrative burden on families and providers of accessing programs and services, implementing programs, and providing services;
(II) Decrease duplication and conflicts in implementing programs and providing services;
(III) Increase equity in access to programs and services and in child and family outcomes;
(IV) Increase administrative efficiencies among the programs and services provided by the department; and
(V) Ensure that the rules are coordinated across programs and services so that programs are implemented and services are provided with improved ease of access, quality of family and provider experience, and ease of implementation by state, local, and tribal agencies.
(b) The department may adopt guidelines and procedures to assist in the implementation and delivery of the programs and services that the department provides pursuant to this title 26.5. When appropriate to reduce potential administrative burden, the department may differentiate in the adopted guidelines and procedures among communities, including communities in rural areas, based on community capacity and readiness for implementing programs and delivering services.
(c) This subsection (1) is repealed, effective September 1, 2031. Before the repeal, this subsection (1) is scheduled for review in accordance with section 24-34-104.
(2) (a) The executive director shall convene a rules advisory council for consultation and advice in promulgating rules for the functions, programs, and services that the department provides. The executive director shall appoint the members of the rules advisory council, taking into consideration a list of nominees provided by the early childhood leadership commission pursuant to this subsection (2)(a). To ensure that the council is representative and collaborative and embodies a wide range of perspectives and experience with regard to early childhood and family support programs and services, the early childhood leadership commission shall conduct outreach to a wide range of early childhood industry organizations and partners and shall publicly solicit applications from qualified and interested individuals to serve on the council. In addition to soliciting applications, the early childhood leadership commission shall consult with parents and with counties, county human services directors, school districts, providers, and the organizations that represent these entities and shall accept nominations from said organizations. Based on the applications and nominations received, the early childhood leadership commission shall submit to the executive director a list of nominees for consideration as appointments to the council. To the extent practicable, the list of nominees must include nominees that satisfy the requirements specified in subsections (2)(b), (2)(c), and (2)(d) of this section. The early childhood leadership commission shall submit a list of nominees to the executive director as provided in this subsection (2)(a) for the initial and subsequent appointments to the council.
n as appointments to the council. To the extent practicable, the list of nominees must include nominees that satisfy the requirements specified in subsections (2)(b), (2)(c), and (2)(d) of this section. The early childhood leadership commission shall submit a list of nominees to the executive director as provided in this subsection (2)(a) for the initial and subsequent appointments to the council.
(b) The executive director shall appoint fifteen persons, taking into consideration the list of nominees received from the early childhood leadership commission, to serve on the council, which appointments must include at least one person from each of the following categories:
(I) Representatives from programmatically diverse communities, including:
(A) A representative from a school-based preschool provider;
(B) A representative from a private early childhood provider, who may be a head start program or in-home child care provider; and
(C) A representative who provides child care as a nonparental family member, friend, or neighbor;
(II) Representatives of county departments, as defined in section 26.5-4-103, in diverse geographic areas of the state who are knowledgeable of and responsible for implementing child protection programs and the Colorado child care assistance program and have expertise in fiscal matters for county departments. Notwithstanding any provision of this subsection (2)(b) to the contrary, the executive director shall appoint at least two persons from the category described in this subsection (2)(b)(II).
(III) A representative of a foundation, business, or early childhood advocacy organization;
(IV) A representative who is an expert in the funding for and rules and federal regulations concerning early childhood and family support programs and services, including the laws, rules, and regulations pertaining to children with disabilities;
(V) A representative of institutions of higher education; and
(VI) An early childhood health-care or mental health-care professional.
(c) At least eight of the members appointed to the council must be included in one or more of the following categories:
(I) Parents, families, or caregivers of children who are enrolled in a variety of school- and community-based preschool programs and public and private early childhood programs;
(II) Members of the early childhood workforce, including educators in school- and community-based programs; and
(III) Members of historically underserved and under-resourced communities.
(d) In appointing members of the council, the executive director shall ensure that the appointed members are from regions throughout the state, including urban, suburban, and rural areas, and, to the extent practicable, are diverse with regard to race, ethnicity, immigration status, age, sexual orientation, gender identity, culture, and language.
(e) Members of the council are appointed to serve four-year terms and may serve two consecutive terms; except that, of the members initially appointed to the council, the executive director shall appoint five members to serve two-year terms, five members to serve three-year terms, and five members to serve four-year terms. If a vacancy arises on the council, the executive director shall appoint a person to fill the vacancy for the remainder of the unexpired term.
(f) The executive director may create issue-specific subcommittees of the council that must include members of the council and may include representatives from other state agencies, representatives of local and tribal agencies or other local leaders in early childhood and family support issues, and issue experts.
shall appoint a person to fill the vacancy for the remainder of the unexpired term.
(f) The executive director may create issue-specific subcommittees of the council that must include members of the council and may include representatives from other state agencies, representatives of local and tribal agencies or other local leaders in early childhood and family support issues, and issue experts.
(g) There is created a county subcommittee of the rules advisory council to provide information and advice to the council concerning the development and implementation of early childhood and family support programs that impact county departments, as defined in section 26.5-4-103, including the Colorado child care assistance program. The subcommittee consists of representatives from up to twelve county departments, appointed by a statewide association of human services directors. The appointees must be representative of the diversity of counties in the state, including large and small and urban and rural counties. In addition to providing information and advice to the council, the county subcommittee, to promote coordination and alignment of programs and services, shall provide information and advice to the policy advisory committee that advises the department of human services.
(h) (I) The council shall meet as often as requested by the executive director. Except as otherwise provided in subsection (2)(h)(II) of this section, a member of the council and a non-council member who serves on a subcommittee may receive the same per diem compensation for attendance at council or subcommittee meetings as is provided for members of boards and commissions pursuant to section 12-20-103 (6) and reimbursement for any expenses necessary to support the member's participation at a council or subcommittee meeting, including any required dependent or attendant care and, if the member resides more than fifty miles from the location of the council or subcommittee meeting, expenses incurred in traveling to and from the meeting, including any required dependent or attendant travel, food, and lodging.
(II) A member of the council or of a subcommittee shall not receive reimbursement for expenses or per diem compensation if the member's employer compensates the member for time spent serving on the council or the subcommittee.
(i) In reviewing and making recommendations concerning rules and in preparing other recommendations for the executive director, the council shall strive to develop recommendations that are detailed and measurable and consider the impacts on children, parents, families, providers, school districts, counties, and local coordinating organizations. The council must approve recommendations by a majority vote and provide those recommendations to the executive director in writing. Members of the council voting in the minority may submit a written explanation of their opposition to the recommendations to the executive director.
(j) Before promulgating a rule, the executive director shall solicit feedback from and consider the recommendations of the council. If the executive director decides not to follow the recommendations of the council with regard to a rule, the executive director shall provide a written explanation of the rationale for the decision.
(k) The council is a state public body for purposes of the open meetings law specified in section 24-6-402 and is subject to the requirements of the "Colorado Open Records Act", part 2 of article 72 of title 24.
(l) This subsection (2) is repealed, effective July 1, 2032. Before the repeal, this subsection (2) is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 26.5-1-106 Transfer of functions - employees - property - contracts
26.5-1-106. Transfer of functions - employees - property - contracts. (1) (a) (I) On and after July 1, 2022, the department is responsible for executing, administering, performing, and enforcing the rights, powers, duties, functions, and obligations vested before July 1, 2022, in:
(A) The office within the department of human services that is responsible for early childhood programs and services; and
(B) The department of education concerning early childhood workforce development, including the professional development information system.
(II) The rights, powers, duties, functions, and obligations concerning a statewide preschool program are transferred, effective July 1, 2022, to the department to the extent necessary to establish and authorize enrollment in the Colorado universal preschool program, as provided in part 2 of article 4 of this title 26.5 for the 2023-24 school year, and are fully transferred to the department, effective July 1, 2023. The department of education retains such rights, powers, duties, functions, and obligations as are necessary to operate the existing Colorado preschool program pursuant to article 28 of title 22, as it exists prior to July 1, 2023, for the 2022-23 school year.
(b) The department shall enter into memoranda of understanding, interagency agreements, or both, as appropriate, with the department of human services and the department of education to provide for the timely transfer of powers, duties, personnel, property, records, appropriations, and other funding as necessary to accomplish the complete transfer of the rights, powers, duties, functions, and obligations to the department as described in subsection (1)(a) of this section.
(c) The rules pertaining to the powers, duties, functions, and obligations transferred to the department pursuant to subsection (1)(a) of this section that are adopted by the department of human services, the state board of human services, or the state board of education and are in effect as of July 1, 2022, continue in effect and apply to the department and persons or entities licensed or providing services pursuant to this title 26.5 until replaced by rules adopted by the executive director pursuant to section 26.5-1-105.
(2) Beginning July 1, 2022, the positions of employment in the department of human services and the department of education concerning the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 and determined by the executive director to be necessary to carry out the purposes of this title 26.5, including positions of employment related to technology support, are transferred to the department of early childhood and become positions of employment in that department. The executive director, or the executive director's designee, shall establish the actual date of said transfers in memoranda of understanding, interagency agreements, or both, as appropriate, entered into between the department of early childhood and the department of human services or the department of education, as applicable, pursuant to subsection (1)(b) of this section.
nt in that department. The executive director, or the executive director's designee, shall establish the actual date of said transfers in memoranda of understanding, interagency agreements, or both, as appropriate, entered into between the department of early childhood and the department of human services or the department of education, as applicable, pursuant to subsection (1)(b) of this section.
(3) Beginning July 1, 2022, all items of property, real and personal, including office furniture and fixtures, books, documents, records, and information systems with the supporting hardware, software, licenses, and data, of the department of human services and the department of education pertaining to the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 are transferred to the department of early childhood and become the property of said department. The executive director, or the executive director's designee, shall establish the actual date of said transfers in memoranda of understanding, interagency agreements, or both, as appropriate, entered into between the department of early childhood and the department of human services or the department of education, as applicable, pursuant to subsection (1)(b) of this section.
(4) Effective July 1, 2022, if the department of human services or the department of education is referred to or designated by a contract or other document in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1, such reference or designation is deemed to apply to the department of early childhood. All contracts entered into by the said departments before July 1, 2022, in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 are hereby validated, with the department of early childhood succeeding to all rights and obligations under said contracts. Any money that was previously received or appropriated, and remains available, to satisfy obligations incurred under said contracts is transferred and further appropriated to the department of early childhood for the payment of said obligations.
(5) On and after July 1, 2022, unless otherwise specified, if a provision of law refers to the department of human services with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(A) of this section or to the department of education with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(B) or (1)(a)(II) of this section, said law is construed as referring to the department of early childhood.
(6) On and after July 1, 2022, unless otherwise specified, all claims and liabilities, including costs, relating to the performance of the department of human services with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(A) of this section or to the department of education with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(B) or (1)(a)(II) of this section are transferred to and assumed by the department of early childhood, exclusively through the department of early childhood, and no other public entity or agency is responsible or liable for any such claims, liabilities, or damages.
(7) The executive director, or the executive director's designee, may seek, accept, and expend, on behalf of and in the name of the state, gifts, grants, and donations for any purpose connected with the powers, duties, and functions of the department. The state treasurer shall hold any property so given, but the executive director, or the executive director's designee, may direct the disposition of any property so given for any purpose consistent with the terms and conditions under which the gift was created.
C.R.S. § 26.5-1-107 Final agency action - authority of executive director - rules
26.5-1-107. Final agency action - authority of executive director - rules. Hearings conducted by an appointed administrative law judge are considered initial decisions of the department that the executive director, or an executive director's designee, shall review. If exceptions to the initial decision are filed pursuant to section 24-4-105 (14)(a)(I), the review must be in accordance with section 24-4-105 (15); except that the department may, at its discretion, permit a party to file an audio recording in lieu of a written transcript if the party cannot afford a written transcript. The executive director may adopt rules delineating the criteria and process for filing an audio recording in lieu of a written transcript. In the absence of an exception filed pursuant to section 24-4-105 (14)(a)(I), the executive director shall review the initial decision in accordance with a procedure adopted by the executive director. The procedure must be consistent with federal mandates concerning the single state agency requirement. Review by the executive director in accordance with section 24-4-105 (15) or the procedure adopted by the executive director pursuant to this section constitutes final agency action.
C.R.S. § 26.5-1-108 Cooperation with federal government - grants-in-aid - legislative intent
26.5-1-108. Cooperation with federal government - grants-in-aid - legislative intent. (1) The department is authorized to accept, use, and administer all money and property granted or made available to the state or any state agency for the purpose of the early childhood programs and services that are transferred to the department pursuant to this part 1 or subsequently created in this title 26.5 or other programs and services that are comparable to said programs and services, except any money and property that is granted or made available to another specifically designated agency.
(2) If it is necessary to execute a formal agreement with a federal agency or officer as a condition precedent to receiving federal money or property pursuant to subsection (1) of this section, the department is authorized to execute such an agreement, with the approval of the attorney general, so long as the agreement is not inconsistent with law.
(3) The state treasurer is authorized to receive, as official custodian, any money that the department accepts pursuant to subsection (1) of this section. The state treasurer shall disburse the money received pursuant to this section upon the order of the executive director.
(4) Beginning with the presentation made to a joint committee of reference pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, in the 2023 regular legislative session, the department shall annually include in the presentation a report that details the total amount of federal money that the department received in the prior fiscal year, accounting for how the money was used, specifying the federal law or regulation that governs the use of the federal money, if any, and providing information regarding any flexibility the department has in using the federal money. The department shall make the report publicly available following the hearing.
(5) It is the intent of the general assembly that the responsibility for administering and the power to expend federal money pertaining to the powers, duties, and functions that are transferred to the department pursuant to this part 1 transfer to the department in accordance with the memoranda of understanding, interagency agreements, or both, as appropriate, described in section 26.5-1-106 (1)(b).
C.R.S. § 26.5-1-109 Department functions - operating principles
26.5-1-109. Department functions - operating principles. (1) The department shall execute the following functions and operate programs and provide services associated with those functions as described in this title 26.5 and authorized by federal law:
(a) Promote child physical, oral, and behavioral health and use multigenerational and culturally and linguistically appropriate strategies to support child and parent outcomes that improve overall family well-being;
(b) Identify and address child and family trauma and support a trauma-informed, as defined in section 19-1-103, approach to early childhood;
(c) Provide support to families for healthy early childhood development;
(d) Promote access to quality early childhood care and education, including monitoring and increasing the capacity of quality early childhood care and education programs to support the availability of said programs for children throughout the state;
(e) Promote and support access to a coherent and aligned system of preparation and ongoing professional development opportunities for persons who provide early childhood and family support programs and services;
(f) Support state and local infrastructure for providing early childhood and family support programs and services, including early childhood care and education and physical, oral, and behavioral health care for children;
(g) Collaborate formally and informally with all state departments and local and tribal agencies that administer or otherwise provide support for early childhood and family support programs and services to ensure effective and efficient administration of said programs and services, including combining and coordinating the funding for said programs and services that are under the jurisdiction of the department to the fullest extent allowed under state and federal laws and regulations, and to ensure consistency in the experience of families who benefit from these programs and services and promote whole-child and whole-family well-being;
(h) Collaborate with other state departments and local and tribal agencies to set, and assess achievement of, statewide goals for quality, availability, capacity, and delivery of early childhood and family support programs and services and statewide goals for support and development of the workforce that provides early childhood and family support programs and services, including physical, oral, and behavioral health care for children;
(i) Collaborate with other state departments, local and tribal agencies, and local coordinating organizations to safely collect and share data, eliminating duplication of data collection when possible, while ensuring privacy and security for children and families, to enable the department to gauge the statewide quality, availability, capacity, and delivery of early childhood and family support programs and services;
(j) Evaluate the quality of early childhood and family support programs and services throughout the state using identified outcome metrics and provide support for early childhood providers and the workforce that provides early childhood and family support programs and services, including physical, oral, and behavioral health care for children;
(k) Collaborate with other state departments to promote the overall effectiveness of early childhood systems in the state by jointly identifying metrics that all departments use to monitor early childhood outcomes throughout the state, which must include outcomes in health, including physical, social-emotional, and dental; learning; and overall well-being;
(l) Support innovation in methods and strategies for accessing and providing early childhood and family support programs and services through research and review of programs and systems implemented within Colorado and in other states and countries; and
s throughout the state, which must include outcomes in health, including physical, social-emotional, and dental; learning; and overall well-being;
(l) Support innovation in methods and strategies for accessing and providing early childhood and family support programs and services through research and review of programs and systems implemented within Colorado and in other states and countries; and
(m) In coordination with the department of human services and county departments, as defined in section 26.5-4-103, integrate outreach for early childhood and family support programs and services into efforts to provide families access to a wide range of services and resources, including access to food, cash assistance, and health care.
(2) In executing the functions described in subsection (1) of this section and implementing the programs and providing the services related to those functions, the department shall ensure to the greatest extent possible that:
(a) Early childhood and family support programs and services are:
(I) Implemented and provided across functions rather than being siloed as individual programs, which includes providing a seamless application experience for families and providers as described in section 26.5-1-110, increasing the efficiency of programs and services, and reducing duplication and administrative burden;
(II) Designed with a focus on the user experience of families, children, providers, and other end-users and designed to serve the whole family and the whole child;
(III) Available statewide and provided on an equitable, affordable, and culturally and linguistically responsive basis to all families who choose to use the programs and services;
(IV) With regard to early childhood programs and services, provided through child care providers; a mixed delivery system of school- and community-based preschool program providers; and a diverse workforce of licensed, voluntarily credentialed, and informal childhood caregivers and educators; and
(V) With regard to family support programs and services, provided through a mixed delivery system of public and private providers and a diverse workforce; and
(b) Funding for programs and services is combined and coordinated at the state level, when possible and to the fullest extent allowed under state and federal laws and regulations, before distribution to local and tribal agencies, families, and providers; and
(c) Resources are used with maximum efficiency to ensure that parents, children, and early childhood program and service providers are prioritized and receive the greatest possible level of investment and financial support with the lowest possible level of administrative burden; and
(d) The department works in partnership with families, public and private providers, and local early childhood communities.
(3) To assist the department in executing the functions and meeting the requirements specified in this section, the executive director shall ensure that there is at least one staff member among the upper management levels of the department whose job responsibilities include ensuring that staff support and communicate, interact, and partner with the counties and the county departments, as defined in section 26.5-4-103.
(4) In executing the functions described in subsection (1) of this section, the department shall collaborate with the departments of education, higher education, human services, public health and environment, and health care policy and financing to strengthen coordination and promote alignment among education, higher education, human services, health care, and mental health care in serving and supporting children, families, providers, and the early childhood workforce.
C.R.S. § 26.5-1-110 Unified application - child care, services, and education
26.5-1-110. Unified application - child care, services, and education. (1) The department shall develop and implement the use of a single, unified electronic application for families to use in applying for all publicly funded early childhood programs and services that the department administers. The department shall design the application to enable equitable access; streamline the enrollment and eligibility-determination process for families, providers, and state, local, and tribal agencies; and meet the requirements specified in subsection (2) of this section. The department shall collaborate with other state, local, and tribal agencies as necessary in developing, and collecting feedback concerning, the application to ensure the least amount of duplication for families and state, local, and tribal agencies. The department shall ensure that the application is functional by July 1, 2023, for families seeking to enroll children in the Colorado universal preschool program pursuant to part 2 of article 4 of this title 26.5.
(2) At a minimum, the unified application must:
(a) Be available in multiple languages;
(b) Be accessible on mobile electronic devices and available in paper copy;
(c) Collect from families only the minimum information necessary to apply for programs and services and enable families to apply for a single program or service or for multiple programs and services simultaneously or over time;
(d) Adhere to all state and federal data privacy and security laws and regulations;
(e) Reduce duplication in and the complexity of the information collected from providers;
(f) Include consideration of all sources from which the applicant may be eligible for funding to ensure that all of the funding for which the applicant is eligible is combined and coordinated to the fullest extent allowed under state and federal laws and regulations in providing the programs and services for which the applicant is applying;
(g) Allow for customization as may be necessary for certain programs or services; and
(h) Coordinate with other agencies and programs, as appropriate, to ensure appropriate referral of children and families to early childhood programs administered by other departments.
(3) A county department shall not add additional required eligibility criteria to the application or redetermination process.
C.R.S. § 26.5-1-111 Data system - collection - analysis - cross-agency agreements
26.5-1-111. Data system - collection - analysis - cross-agency agreements. (1) The department shall work with local coordinating organizations, state agencies, local and tribal agencies, and providers, as necessary, to collect, share, manage, and protect qualitative and quantitative data pertaining to early childhood and family support programs and services. The department shall review and analyze the collected data to assess:
(a) The needs of children and families for early childhood and family support programs;
(b) The local and statewide availability, capacity, use, and quality of, and funding support for, early childhood and family support programs and services;
(c) The degree to which the department and local and tribal agencies are reducing inequities in access to and use of early childhood and family support programs and services and in childhood outcomes;
(d) The capacity, quality, training, education, employment status, and retention of and compensation provided to members of the workforce that serves early care and education, early childhood programs and services, and family support programs and services;
(e) Long-term outcomes for children served by early childhood and family support programs and services, including correlations to school readiness as assessed pursuant to section 22-7-1004 (2), to academic success in third grade, and to high school graduation; and
(f) Other measures that indicate the effectiveness of the early childhood and family support programs and services in Colorado in serving and supporting children, families, providers, and the early childhood workforce.
(2) At a minimum, the department shall collect data pertaining to early childhood and family support programs and services that includes:
(a) The number of children in the state who are eligible to receive, and the number of children who actually receive, services through the programs administered by the department; the demographics of said children, including socioeconomic status, race, ethnicity, language, and disability; and said children's eligibility for funding and use of early childhood and family support programs and services;
(b) Information concerning groups of children who have historically encountered barriers to school readiness;
(c) Information that enables the department, local coordinating organizations, and local and tribal agencies to assess on a continuing basis the needs for early childhood and family support programs and services in an area and make decisions concerning the provision of programs and services;
(d) The demand for early childhood and family support programs and services and the existence of providers in areas throughout the state, including information concerning program capacity, such as the number of available classrooms; the local and statewide availability of locally, state-, and federally funded enrollment positions and vacancies in those positions; and the number of hours of services received by individual children and parents in programs;
(e) The number of early childhood programs at each quality level statewide and in specific areas and the number and demographics of children served in early childhood programs at each quality level;
(f) Data regarding the early childhood workforce; and
rollment positions and vacancies in those positions; and the number of hours of services received by individual children and parents in programs;
(e) The number of early childhood programs at each quality level statewide and in specific areas and the number and demographics of children served in early childhood programs at each quality level;
(f) Data regarding the early childhood workforce; and
(g) The combination and coordination of local, state, and federal funding for children and families to provide early childhood and family support programs and services and the programs and services that are provided, including use of more than one program or service by a single family.
(3) (a) The departments of early childhood, human services, education, public health and environment, and health care policy and financing shall enter into agreements to ensure data privacy and security with regard to shared early childhood data. In collecting and sharing data, the departments shall coordinate and require collection of data in ways that impose the least possible burden on families and providers, including by reducing redundancies in data collection across programs.
(b) The department shall use information derived through the early childhood data system to, at a minimum, inform planning, leverage resource allocations, maximize children's access to early childhood programs and services, and support data-informed decision-making.
(c) The department shall identify and pursue research opportunities to provide information to support new measures for improving the system of early childhood and family support programs and services in the state and to understand the causal effects of early childhood and family support programs and services that are provided.
(3.5) The department shall contribute education and workforce readiness data beginning in the 2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
(4) The department, through the department website, shall regularly inform members of the early childhood community and other members of the public of progress made in improving the delivery, quality, access, availability, and capacity of early childhood programs and services. Specifically, the department shall provide information concerning the achievement of benchmarks in such areas as increasing the number of children receiving early childhood programs and services, improving preschool classroom quality, meeting program quality standards, and improving school readiness, and shall provide information concerning the results of preschool program evaluations completed pursuant to section 26.5-4-207.
C.R.S. § 26.5-1-112 Transition review - program review - report - repeal
26.5-1-112. Transition review - program review - report - repeal. (1) (a) The department shall enter into an agreement with a public or private entity to act as an independent evaluator of the department's performance in executing the functions identified in section 26.5-1-109 and in operating programs and providing services associated with those functions in accordance with this title 26.5. The independent evaluator shall complete a review of the operations of the department and the programs that transition from the department of human services and the department of education to the department. At a minimum, in conducting the review, the independent evaluator shall evaluate and make recommendations concerning:
(I) Whether the department operates the programs and provides the services efficiently and ensures that the programs and services are:
(A) Child, family, and community centered and serve the whole child and whole family;
(B) Equity driven;
(C) Focused on and accountable for achieving identified outcomes and making data-driven, outcome-based decisions;
(D) Meeting high-quality standards;
(E) Serving and supporting the early childhood workforce;
(F) Supporting a mixed delivery system of school- and community-based preschool programs and supporting child care providers; and
(G) Coordinated with other supports and services for families that are not operated by the department, including food assistance, cash assistance, and health care;
(II) The effectiveness and efficiency of the governance structure and organization of the department, including whether to create a type 1 policy board within the department to be appointed by the governor with the consent of the senate and transfer rule-making authority and oversight of the department from the executive director to the policy board;
(III) The cross-agency agreements with other departments that operate early childhood and family support programs and services and the effectiveness of the agreements in seamlessly providing said programs and services;
(IV) The impact of the implementation of the Colorado universal preschool program pursuant to part 2 of article 4 of this title 26.5 on the number of children served by the Colorado child care assistance program pursuant to part 1 of article 4 of this title 26.5. The independent evaluator shall evaluate this issue in consultation with county departments, as defined in section 26.5-4-103.
(V) Whether the programs that the department operates were appropriate for transition or would be better operated in another department pursuant to a cross-agency agreement.
(b) The independent evaluator, in coordination with the departments of education, human services, public health and environment, and health care policy and financing, shall review the programs and services pertaining to early childhood that were not transferred to the department, including the federal law and regulations pertaining to those programs and services, to determine whether the programs and services should be transferred to and operated by the department.
(c) No later than November 1, 2025, the independent evaluator shall submit a report concerning the review of operations pursuant to subsection (1)(a) of this section and the review of the transfer of additional programs and services pursuant to subsection (1)(b) of this section to the department; the governor; the early childhood leadership commission; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees.
d services pursuant to subsection (1)(b) of this section to the department; the governor; the early childhood leadership commission; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees.
(d) In conducting the reviews and making recommendations pursuant to this subsection (1), the independent evaluator shall solicit input through a process that includes participation by the populations served by the programs; the providers and members of the workforce working in the programs; local coordinating organizations; state, local, and tribal agencies involved in implementing the programs; and any other relevant experts.
(2) (a) The department, in collaboration with the departments of education, higher education, human services, public health and environment, and health care policy and financing, shall prepare an annual report concerning the progress made and challenges encountered by the department of early childhood in transitioning and implementing programs and providing services and by the departments as a group in implementing cross-agency collaboration related to, at a minimum:
(I) Administration of part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and coordination with the department of education of the transition of children from part C to part B as agreed to in the interagency operating agreement described in section 26.5-3-404 (3) between the department and the department of education;
(II) Implementation of the memorandum of understanding described in section 26.5-4-206 between the department and the department of education concerning administration of special education services for children prior to kindergarten, specifically implementation of part B, section 619, and part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended;
(III) Administration of the child and adult care food program in collaboration with programs administered by the department;
(IV) Administration of the supplemental nutrition program for women, infants, and children in collaboration with programs administered by the department;
(V) Operation of early childhood and family support programs and services that the department administers, including, at a minimum, data concerning the children and families served and the use, availability, and capacity of programs throughout the state;
(VI) Interaction of early childhood care, learning, and supports with the public kindergarten and elementary education system to ensure children enter kindergarten ready to learn and are behaviorally and academically successful;
(VII) Alignment of the operation of early childhood programs and services with the child welfare system operated by the department of human services and local agencies; and
(VIII) The use of public funding to support child care.
ports with the public kindergarten and elementary education system to ensure children enter kindergarten ready to learn and are behaviorally and academically successful;
(VII) Alignment of the operation of early childhood programs and services with the child welfare system operated by the department of human services and local agencies; and
(VIII) The use of public funding to support child care.
(b) The department shall submit the report prepared pursuant to subsection (2)(a) of this section as part of the presentation made to a joint committee of reference pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, in the 2023 regular legislative session and annually thereafter. In addition, the department shall annually submit the report to the governor; the early childhood leadership commission; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (2) continues until repealed pursuant to subsection (2)(c) of this section.
(c) This subsection (2) is repealed, effective September 1, 2028.
C.R.S. § 26.5-1-113 Children's mental health program - appropriation - legislative declaration - definitions - repeal
26.5-1-113. Children's mental health program - appropriation - legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that:
(I) Neurobiological research confirms that stressful experiences early in life can have profound and destructive impacts on the architecture of the brain;
(II) Additional scientific research has shown, however, that responsive, nurturing relationships between young children and their caregivers that lead to secure attachment serve as powerful, protective buffers to stressful experiences early in life;
(III) Providing an evidence-based, two-generation, and home-based prevention and early intervention mental health program can prevent or ameliorate the damage caused by stressful experiences; and
(IV) It is possible to decrease the stress experienced by families by connecting family members to needed services through intensive care coordination. By providing psychotherapy to a caregiver and child together, it is possible to repair the impact of stress on the child and strengthen the caregiving relationship.
(b) The general assembly finds, therefore, that:
(I) Given the harmful consequences of the economic disruptions resulting from and exacerbated by the COVID-19 public health emergency, it is in the best interest of the state to authorize the department of early childhood to contract with a nonprofit entity to provide evidence-based, two-generation, and home-based prevention and early intervention children's mental health programs; and
(II) The purpose of children's mental health programs is to enhance the mental health and development of caregivers and young children. Children's mental health programs must combine comprehensive, coordinated services and psychotherapeutic intervention for caregivers and children, increase adult self-regulation and executive functioning, and result in long-term positive outcomes for children and families.
(c) It is the intent of the general assembly that the department and a nonprofit entity work collaboratively to share information as necessary to promote efficient and effective implementation of the children's mental health programs in Colorado.
(d) The general assembly further finds and declares that contracting with a nonprofit entity to provide children's mental health programs constitutes critical government services.
(2) As used in this section, unless the context otherwise requires:
(a) "Children's mental health program" means an evidence-based, two-generation, and home-based prevention and early intervention program for families with children from prenatal to six years of age who are experiencing chronic stress and trauma. A children's mental health program must be proven to significantly improve child emotional and behavioral health, child language development, and caregiver mental health, as well as decrease child abuse and neglect, resulting in long-term positive outcomes for children and families.
(b) "Entity" means a Colorado-based nonprofit organization.
(3) (a) On or before November 1, 2022, the department shall contract with a Colorado-based nonprofit entity to provide children's mental health programs. The entity must have previous and current experience serving the target demographic using a curriculum that:
(I) Includes components that provide for intervening with families with young children who are experiencing chronic stress and trauma. The curriculum must connect the families to needed services through intensive care coordination while also providing psychotherapy for the child and parent or guardian.
(II) Has been previously implemented with success by providers in Colorado.
a curriculum that:
(I) Includes components that provide for intervening with families with young children who are experiencing chronic stress and trauma. The curriculum must connect the families to needed services through intensive care coordination while also providing psychotherapy for the child and parent or guardian.
(II) Has been previously implemented with success by providers in Colorado.
(b) The entity with which the department contracts shall:
(I) Perform community implementation readiness assessments and provide training, coaching, and monitoring for the implementation of children's mental health programs;
(II) Provide ongoing quality assessments and improvement recommendations to ensure high-quality implementation and sustainability of children's mental health programs;
(III) Provide the department with site-specific and statewide process and outcome evaluations of children's mental health programs; and
(IV) Annually prepare and submit to the department and the behavioral health administration an evaluation of the outcomes of all of the children's mental health programs implemented.
(4) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate two million dollars to the department for the purposes of implementing this section from the economic recovery and relief cash fund created in section 24-75-228. The department is authorized to expend up to five percent to pay the costs incurred in implementing this section, including the costs incurred in contracting with a nonprofit entity.
(b) Money spent pursuant to this subsection (4) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department must either spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(c) This subsection (4) is repealed, effective September 1, 2027.
(5) The department and the contracted entity shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
C.R.S. § 26.5-1-114 Tribal regalia at preschool graduation ceremonies - definitions
26.5-1-114. Tribal regalia at preschool graduation ceremonies - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Graduation attire" means attire that a preschool requires a student to wear as part of the dress code for a graduation ceremony.
(b) "Qualifying student" means a student who is a descendant of people who were living in North America prior to the time people from Europe began settling in North America, is an enrolled member of a federally recognized or state-recognized Indian tribe, or is a lineal descendant of a tribally enrolled parent or grandparent.
(c) "Tribal regalia" means a tribe's traditional dress or recognized objects of religious or cultural significance and includes the following items of cultural significance:
(I) Tribal symbols;
(II) Beads; and
(III) Feathers, in line with the "Migratory Bird Treaty Act of 1918".
(d) "Tribe" means a tribe, band, nation, or Alaskan Native village that is recognized by federal law or that a state formally acknowledges.
(2) A qualifying student may wear tribal regalia during a graduation ceremony; except that a qualifying student who is not an enrolled member of a tribe shall not wear eagle feathers. Wearing tribal regalia includes decorating graduation attire with tribal regalia; except that a qualifying student who is not an enrolled member of a tribe shall not decorate with eagle feathers.
(3) (a) An immediate family member of a qualifying student may wear and display tribal regalia during the qualifying student's graduation ceremony if the immediate family member is:
(I) An enrolled member of a tribe;
(II) Eligible to be enrolled as a member of a tribe; or
(III) A lineal descendant of a tribally enrolled parent or grandparent.
(b) Notwithstanding subsection (3)(a) of this section, an immediate family member who is not an enrolled member of a tribe shall not wear eagle feathers.
(4) A preschool shall not prohibit a qualifying student or the qualifying student's immediate family from wearing and displaying tribal regalia at a graduation ceremony.
(5) This section applies to all preschool graduations.
C.R.S. § 26.5-1-115 Colorado imagination library program - creation - contract - report - legislative declaration - appropriations - definitions
26.5-1-115. Colorado imagination library program - creation - contract - report - legislative declaration - appropriations - definitions. (1) For the purposes of this section, unless the context otherwise requires:
(a) "County-based affiliate programs" means a nonprofit organization or nonprofit partner affiliate of the Colorado imagination library program that operates within a county or city and county or across cities and counties.
(b) "Eligible child" means a child from birth to the child's fifth birthday.
(c) "National nonprofit foundation" means a national nonprofit foundation that exists for the sole purpose of working with local entities to identify eligible children and provide age-appropriate, high-quality books each month to those children at no cost to families.
(d) "Program" means the Colorado imagination library program created pursuant to subsection (2) of this section.
(2) (a) (I) No later than July 1, 2024, the department of early childhood shall contract with a Colorado nonprofit organization for the creation and operation of the Colorado imagination library program.
(II) Effective June 30, 2024, the rights, powers, duties, functions, and obligations concerning the program are transferred to the department of early childhood. Before the transfer of the rights, powers, duties, functions, and obligations of the program to the department of early childhood on June 30, 2024, the department of early childhood may enter into an interagency agreement with the department of education for the administration of the program.
(III) Effective June 30, 2024, if the department of education is referred to or designated by the contract described in subsection (2)(a)(I) of this section or any other document in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to subsection (2)(a)(II) of this section, the reference or designation applies to the department of early childhood. All contracts entered into by the department of education before June 30, 2024, in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to subsection (2)(a)(II) of this section are validated, with the department of early childhood succeeding all rights and obligations under the contract.
(b) The contractor described in subsection (2)(a)(I) of this section shall:
(I) Operate the program by providing age-appropriate, high-quality books to children to promote early childhood literacy;
(II) Manage the daily operations of the program, including, but not limited to, establishing county-based affiliate programs in all Colorado counties and cities and counties and advancing and strengthening the affiliate programs to ensure enrollment growth;
(III) Contract with a national nonprofit foundation to provide age-appropriate, high-quality books each month to eligible children at no cost to families;
(IV) Provide for a high-quality independent evaluation of the impact of the program on child and family outcomes, including child literacy and parent and family engagement; and
(V) Establish a distressed affiliate fund using gifts, grants, or donations to help county-based affiliate programs that have financial difficulty meeting the county-based affiliate programs' funding requirements.
(3) The contractor may enter into a contract with book vendors or book publishers in accordance with this section to provide additional age-appropriate, high-quality books to eligible children enrolled in the program at no cost to families.
grants, or donations to help county-based affiliate programs that have financial difficulty meeting the county-based affiliate programs' funding requirements.
(3) The contractor may enter into a contract with book vendors or book publishers in accordance with this section to provide additional age-appropriate, high-quality books to eligible children enrolled in the program at no cost to families.
(4) Notwithstanding section 24-1-136 (11)(a)(I), on or before July 1, 2024, and on or before each July 1 thereafter, the contractor shall submit a report to the department, which shall then submit the report to the education committees of the senate and house of representatives, or their successor committees, concerning the total number of eligible children residing in each county or city and county in Colorado and how many eligible children are enrolled in the program in each county or city and county.
(5) (a) The contractor, in operating the program pursuant to subsection (2) of this section, shall pay to the national nonprofit foundation the statewide cost to provide free books to eligible children enrolled in the program, as determined by the national nonprofit foundation. The contractor shall pay a book vendor or book publisher that enters into a contract with the contractor pursuant to subsection (3) of this section the statewide cost to provide additional free books to eligible children enrolled in the program. The general assembly shall annually appropriate money from the general fund to the department to distribute to the contractor for the state's fifty percent share of the cost to provide the books.
(b) Each county-based affiliate program must pay to the contractor the remainder of the cost, as determined by the national nonprofit foundation or a book vendor or book publisher that enters into a contract with the contractor pursuant to this section, to provide books to the eligible children enrolled in the county or city and county.
(6) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the implementation of this section.
(7) (a) It is the intent of the general assembly to provide full funding by 2026 for any eligible child who wants to participate in the program.
(b) (I) For the 2022-23 state fiscal year, the general assembly shall appropriate nine hundred seven thousand one hundred forty dollars for the Colorado imagination library program and shall increase the appropriation in subsequent fiscal years as necessary to meet the intention of the general assembly set forth in subsection (7)(a) of this section.
(II) Any appropriation made in the annual general appropriation act for the 2023-24 state fiscal year to the department of education for the Colorado imagination library program is hereby transferred to the department of early childhood for the Colorado imagination library program on June 30, 2024. Any unexpended and unencumbered money appropriated from the general fund for the Colorado imagination library program for the 2023-24 state fiscal year that is transferred to the department of early childhood pursuant to this subsection (7)(b)(II) remains available for expenditure by the department of early childhood through the 2024-25 state fiscal year without further appropriation.
(c) For the 2024-25 state fiscal year, the general assembly shall appropriate to the department of early childhood the funds necessary to meet the intention of the general assembly set forth in subsection (7)(a) of this section.
(d) Twenty percent of money appropriated for the 2021-22 state fiscal year, and each fiscal year thereafter, may be used for the contractor operating the program for duties set forth in subsections (2)(b)(I) to (2)(b)(III) and (2)(b)(V) of this section.
C.R.S. § 26.5-1-116 Wearing cultural or religious objects at preschool graduation ceremonies - definitions
26.5-1-116. Wearing cultural or religious objects at preschool graduation ceremonies - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Adornment" means something attached to, or worn with, but not replacing or covering in its entirety, graduation attire, and is not limited to decorating graduation caps.
(b) "Cultural" means a recognized practice or tradition of a certain group of people and includes only a protected class based on disability, race, creed, ethnicity, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry. "Cultural" does not include objects related to tribal regalia as defined in section 26.5-1-114, incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats.
(c) "Graduation attire" means attire that a preschool requires a student to wear as part of the dress code for a graduation ceremony.
(d) "Student" means an individual participating in the graduation ceremony as a graduate.
(2) A student may wear recognized objects of cultural or religious significance as an adornment during the student's graduation ceremony. An adornment worn by a student must comply with the preschool's dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture.
(3) A preschool shall not impose restrictions on what a student may wear under the student's required graduation attire beyond what is required by a preschool's dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture.
(4) (a) This section does not limit a preschool's ability to prohibit an adornment that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony.
(b) A prohibition imposed by a preschool pursuant to subsection (4)(a) of this section must be:
(I) Based on evidence of disruption rather than relying on an undifferentiated fear or apprehension of disturbance; and
(II) By the least restrictive means necessary.
(5) On or before August 1, 2024, a public preschool provider, as defined in section 26.5-5-303, shall develop and adopt a policy that aligns with the requirements of this section.
(6) This section applies to a graduation held by a public preschool provider, as defined in section 26.5-5-303.
(7) This section does not limit the rights of certain individuals to wear tribal regalia to a public preschool graduation, as described in section 26.5-1-114.
C.R.S. § 26.5-1-117 Youth sports organization model code of conduct
26.5-1-117. Youth sports organization model code of conduct. The department shall make available a youth sports organization model code of conduct policy that addresses the matters described in section 26.5-4-402 (1)(b).
C.R.S. § 26.5-1-301 Legislative declaration
26.5-1-301. Legislative declaration. (1) The general assembly hereby finds that:
(a) Public investments for pregnant women and young children from birth to eight years of age and their families fall behind investments for older Colorado children and lag behind national trends;
(b) For the state's early childhood system to operate effectively, the efforts of the public and private agencies that compose the system must be efficiently coordinated, aligned to state and federal standards, and made accountable across state systems; and
(c) While there are several planning efforts related to early childhood services and collaborative bodies within state and local governments, there is no single venue to allow high-level decision-making among policy makers, to collectively study recommendations, to facilitate cross-agency collaboration among state agencies, and to make joint policy and funding recommendations.
(2) The general assembly further finds that:
(a) A commission to assist in coordinating services and supports for pregnant women and young children from birth to eight years of age and their families will improve the delivery of those services and improve the educational, health, emotional and mental health, child welfare, and employment outcomes for these children and their families; and
(b) A commission to assist in coordinating the delivery of services and supports for pregnant women and young children and their families will also significantly improve Colorado's workforce and economic development by:
(I) Helping to ensure a healthy, well-educated workforce far into the future;
(II) Supporting those persons who currently provide early childhood services and supports and creating additional employment opportunities;
(III) Supporting parents of young children who need dependable, high-quality child care and supportive services in order to be fully engaged and productive in their jobs; and
(IV) Supporting the market in early childhood services and products as a vibrant element of the state's economy.
(3) The general assembly finds, therefore, that it is essential to create a high-level, interagency, public-private leadership commission to identify opportunities for, and address barriers to, the coordination of federal and state early childhood policies and procedures in order to promote access to programs and services that affect the health and well-being of Colorado's children.
C.R.S. § 26.5-1-302 Early childhood leadership commission - created - mission - funding - reimbursement for expenses
26.5-1-302. Early childhood leadership commission - created - mission - funding - reimbursement for expenses. (1) There is created in the department the early childhood leadership commission, referred to in this part 3 as the "commission". The commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of early childhood. The purpose of the commission is to ensure and advance a comprehensive service delivery system for pregnant women and children from birth to eight years of age using data to improve decision-making, alignment, and coordination among federally funded and state-funded services and programs for pregnant women and young children and their families. At a minimum, the comprehensive service delivery system for pregnant women and children and their families must include services in the areas of prenatal health, child health, child mental health, early care and education, and family support and parent education.
(2) The commission consists of up to twenty-one members as follows:
(a) The executive directors of each of the following agencies or their designees:
(I) The state department of human services;
(II) The department of public health and environment;
(III) The department of health care policy and financing;
(IV) The department of higher education; and
(V) The department of early childhood;
(b) The commissioner of education or the commissioner's designee;
(c) The head start collaboration office director for Colorado; and
(d) No more than fourteen persons appointed by the governor, which persons collectively have the following expertise, affiliations, or backgrounds:
(I) Representatives of local government groups;
(II) Representatives of school districts;
(III) Providers of early childhood supports and services;
(IV) Representatives of head start agencies;
(V) Persons whose families receive early childhood supports or services;
(VI) Representatives of statewide foundations and nonprofit organizations involved in early childhood issues;
(VII) Members of the business community; and
(VIII) Representatives of the local public health community.
(3) (a) In appointing persons to the commission, the governor shall ensure that the appointed persons reflect the gender balance and ethnic diversity in the state and provide representation from throughout the state and that the commission includes representation of persons with disabilities and those who represent language diversity or support families and children who are dual language learners.
(b) The persons appointed to the commission pursuant to subsection (2)(d) of this section:
(I) Serve at the pleasure of the governor; and
(II) May receive reimbursement for reasonable expenses incurred in fulfilling their duties on the commission.
presentation of persons with disabilities and those who represent language diversity or support families and children who are dual language learners.
(b) The persons appointed to the commission pursuant to subsection (2)(d) of this section:
(I) Serve at the pleasure of the governor; and
(II) May receive reimbursement for reasonable expenses incurred in fulfilling their duties on the commission.
(c) If a vacancy occurs in the positions appointed pursuant to subsection (2)(d) of this section, the governor shall appoint a person to fill the vacancy.
(4) The governor shall appoint three persons from among the members of the commission, one representing business interests, one representing private, nonprofit entities, and one representing public entities, to serve as co-chairs of the commission. The commission shall meet regularly at the direction of the co-chairs and as often as necessary to fulfill its duties. The co-chairs may appoint working groups and subcommittees to assist the commission in its work or to address specific issues. The working groups and subcommittees, at the discretion of the co-chairs, may consist of any combination of members of the commission and other persons from the community.
(5) The commission, in collaboration with the executive director of the department, may appoint a director to assist the commission in fulfilling its duties pursuant to this part 3. The director may appoint such additional persons as may be necessary to assist the commission.
(6) The governor's office, the department, and the other agencies represented on the commission may, at the request of the commission and within existing appropriations, provide necessary support to the commission, including but not limited to administrative support, data, and other analytical information. In addition, the commission may seek, accept, and expend gifts, grants, or donations from public or private sources to the extent necessary to cover the expenses of the commission.
C.R.S. § 26.5-1-303 Early childhood leadership commission - duties
26.5-1-303. Early childhood leadership commission - duties. (1) In addition to any other duties specified in law, the commission has the following duties:
(a) To identify opportunities for, and barriers to, the alignment of standards, rules, policies, and procedures across programs and agencies that support young children and to recommend to the appropriate committees of reference of the general assembly pursuant to part 2 of article 7 of title 2 and to government and nonprofit agencies and policy boards changes to enhance the alignment and provision of services and supports for pregnant women and young children and their families;
(b) To advise and make recommendations to the department and to other relevant early childhood entities concerning implementation of the early childhood Colorado framework;
(c) To assist public and private agencies in coordinating efforts on behalf of pregnant women and children and their families, including securing funding and additional investments for services, programs, and access to these services and programs for children and their families;
(d) To consider and recommend waivers from state regulations on behalf of early childhood councils as provided in section 26.5-2-207;
(e) To monitor the ongoing development, promotion, and implementation of:
(I) A quality, cohesive professional development and career advancement system;
(II) High-quality, comprehensive early learning standards; and
(III) The sharing and use of common data for planning and accountability among early childhood programs;
(f) To develop strategies and monitor efforts concerning:
(I) Increasing children's school readiness;
(II) Increasing participation in and access to child care and early education programs; and
(III) Promoting family and community engagement in children's early education and development.
(2) In fulfilling its duties, the commission shall collaborate, at a minimum, with:
(a) Members of the early childhood councils established pursuant to section 26.5-2-203; and
(b) Any other boards, commissions, and councils that address services and supports for pregnant women and young children.
C.R.S. § 26.5-1-304 Repeal of part
26.5-1-304. Repeal of part. This part 3 is repealed, effective September 1, 2025. Before its repeal, the commission is subject to review in accordance with section 2-3-1203.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-26.5.docxFetched: 10/6/2026