C.R.S. § 26.5-4-101 Short title
26.5-4-101. Short title. The short title of this part 1 is the "Colorado Child Care Assistance Program Act".
Child Care and Education
C.R.S. tit. 26.5, art. 4
in effectC.R.S. § 26.5-4-102 Legislative declaration
26.5-4-102. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The state's policies in connection with the provision of child care assistance and the effective delivery of such assistance are critical to the ultimate success of any welfare reform program;
(b) Children in low-income families who receive services through a child care assistance program need and deserve the same access to a broad range of child care providers as do children in families who do not need assistance;
(c) It is critical to provide low- to moderate-income families with access to high-quality, affordable child care that fosters healthy child development and school readiness, while at the same time promotes family self-sufficiency and attachment to the workforce; and
(d) Individual counties play a vital role in administering the child care assistance program and have local knowledge of their individual community needs.
(2) Therefore, the general assembly hereby finds and declares that it is in the best interests of the state to:
(a) Adopt the Colorado child care assistance program set forth in this part 1;
(b) Adopt a consistent, statewide plan for child care provider reimbursement rates with a goal of payment rates that adequately cover the cost of quality child care to facilitate and increase access to high-quality child care for low-income families;
(c) Achieve parity across counties in the state with regard to the CCCAP program and funding allocation.
C.R.S. § 26.5-4-103 Definitions
26.5-4-103. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "Applicant" means an individual or a family who submits an application to the Colorado child care assistance program.
(1.5) "Child care assistance program" or "CCCAP" means the public assistance program for child care known as the Colorado child care assistance program established in this part 1.
(2) "Colorado universal preschool program" means the state preschool program established in part 2 of this article 4.
(3) "County department" means the county or district department of human or social services.
(3.5) "Customer service" means activities that provide one-on-one support for families in submitting applications and navigating services, and providing access to transparent and easy-to-understand consumer education resources for the Colorado child care assistance program.
(4) "Early care and education provider" means a school district or provider that is licensed pursuant to part 3 of article 5 of this title 26.5 or that participates in the Colorado preschool program pursuant to article 28 of title 22, as it existed prior to July 1, 2023, or the Colorado universal preschool program pursuant to part 2 of this article 4.
(5) "Enrollment contract" means a contractual agreement directly with a provider or network that assures a specified number of child care service enrollments will be made available to serve a specified number of children who qualify for child care assistance. Enrollment contracts are an allowable use of federal child care funds.
(6) "Head start program" means a program operated by a local public or private nonprofit agency designated by the federal department of health and human services to operate a head start program pursuant to the provisions of Title V of the federal "Economic Opportunity Act of 1964", as amended.
(7) "High-quality early childhood program" means a program that is operated by a provider with a fiscal agreement through CCCAP and that is in the top three levels of the state's quality rating and improvement system, is accredited by a department-approved accrediting body, or is an early head start or head start program that meets federal standards.
(8) "Participant" means a participant, as defined in section 26-2-703 (15), in the Colorado works program.
(9) "Provider" means a child care provider licensed pursuant to part 3 of article 5 of this title 26.5 that has an agreement or enrollment contract to participate in the child care assistance program.
(10) "Recipient" means an individual or a family who is receiving or has received benefits from the Colorado child care assistance program pursuant to the provisions of this part 1.
(11) "Regular provider reimbursement rate" means the base rate paid for child care and excludes any additional payment for additional fees that are included in the reimbursement paid to providers.
(12) "Works program" means the Colorado works program established pursuant to part 7 of article 2 of title 26.
C.R.S. § 26.5-4-104 Colorado child care assistance program - department authority - cooperation with federal government - acceptance and administration of money
26.5-4-104. Colorado child care assistance program - department authority - cooperation with federal government - acceptance and administration of money. (1) The department is the sole state agency for administering the state plan for the Colorado child care assistance program. The department, under the supervision of the executive director, shall administer and supervise the Colorado child care assistance program, which program is declared to be a state as well as a county purpose.
(2) (a) The department may accept on behalf of the state of Colorado the provisions and benefits of acts of congress designed to provide money or other property for the Colorado child care assistance program, which money or other property is designated for purposes within the function of the department, and may accept on behalf of the state any offers that have been or may from time to time be made of money or other property by any persons, agencies, or entities for the Colorado child care assistance program, which money or other property is designated for purposes within the function of the department; except that, unless otherwise expressly provided by law, the department shall not accept said money or other property unless the department has recommended acceptance to and received the written approval of the governor and the attorney general. Approval of the governor and the attorney general authorizes the acceptance of the money or property in accordance with the restrictions and conditions and for the purposes for which the money or property is intended.
(b) The state treasurer is designated as ex officio custodian of all money that the department receives pursuant to this subsection (2) from the federal government and from any other source for which the approval required in subsection (2)(a) of this section is obtained.
(c) The state treasurer shall hold money received pursuant to this subsection (2) separate and distinct from state money and is authorized to make disbursements of the money for the designated purpose or for administrative costs, which may be provided in grants, upon warrants issued by the state controller upon the voucher of the department.
(3) The department shall cooperate with the federal department of health and human services and other federal agencies in any reasonable manner, in conformity with the laws of this state, which may be necessary to qualify for federal aid, including the preparation of state plans, the making of reports in such form and containing such information as a federal agency may from time to time require, and the compliance with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of the reports.
(4) In administering money appropriated or made available to the department for the Colorado child care assistance program, the department is authorized to:
(a) Require as a condition for receiving grants-in-aid that each county in this state bear the proportion of the total expense of furnishing child care assistance as is fixed by law;
(b) Terminate grants-in-aid to a county of this state if the county does not comply with the laws and rules providing the grants-in-aid and the minimum standards prescribed by department rules;
(c) Undertake immediately the administration of child care assistance within a county of this state that has had any or all of its grants-in-aid terminated pursuant to subsection (4)(b) of this section; except that the county shall continue to meet the requirements of subsection (4)(a) of this section;
(d) Recover any money owed by a county to the state by reducing the amount of any payments due from the state in connection with CCCAP; and
(e) Take any other action that may be necessary or desirable for carrying out the provisions of this part 1.
C.R.S. § 26.5-4-105 Colorado child care assistance program - department duties
26.5-4-105. Colorado child care assistance program - department duties. (1) In addition to any other duties specified in this part 1, the department, under the supervision of the executive director, shall:
(a) Administer or supervise the establishment, extension, and strengthening of the Colorado child care assistance program in cooperation with the federal department of health and human services and other state or federal agencies;
(b) Provide services to county departments, including the organization and supervision of county departments for the effective administration of CCCAP, as set out in department rules as to program scope and content, including provision of child care assistance and compilation of statistics and necessary information relative to child care assistance;
(c) Prescribe forms necessary for applications, reports, affidavits, and such other forms as it may deem necessary and advisable;
(d) Cooperate with other departments, agencies, and institutions of the state and federal governments in the performance of activities in conformity with the purposes of this part 1; and
(e) Act as the agent of the federal government in activities related to the Colorado child care assistance program in matters of mutual concern in conformity with this part 1 and in the administration of any federal money granted to the state to aid in the furtherance of CCCAP.
(2) The department may review any decision of a county department and may consider any application for child care assistance upon which a decision has not been made by the county department within a reasonable time to determine the propriety of the action or failure to take timely action on an application for child care assistance. The department shall make such additional investigation as it deems necessary and shall, after giving the county department an opportunity to rebut any findings or conclusions of the department that the action or delay in taking action was a violation of or contrary to department rules, make such decision as to the granting of child care assistance and the amount thereof as in its opinion is justifiable pursuant to the provisions of this part 1 and department rules. Applicants or recipients affected by the decisions of the department, upon request, shall be given reasonable notice and opportunity for a fair hearing by the department.
C.R.S. § 26.5-4-106 Applications for child care assistance - applications for child care employees - verification - award - not assignable - limitation - rules
26.5-4-106. Applications for child care assistance - applications for child care employees - verification - award - not assignable - limitation - rules. (1) (a) An individual wishing to apply for child care assistance may do so, and the assistance shall be furnished with reasonable promptness to each eligible individual in accordance with department rules.
(b) On or before August 1, 2026, and subject to available federal appropriations, the department rules must provide for a simplified application so child care assistance may be furnished to eligible persons as soon as possible and must provide adequate safeguards and controls to ensure that only eligible persons receive child care assistance pursuant to this part 1. The department and a county department shall publicly disclose or publicize income eligibility levels by income percentage and by monthly income for families to use before applying. The unified application that the department develops pursuant to section 26.5-1-110 must at some point include application for child care assistance through CCCAP.
(c) A person seeking child care assistance shall submit an application in accordance with department rule, and the department shall ensure that the application is routed to the applicant's county of residence. An application for child care assistance must:
(I) Be in writing or reduced to writing in the manner and upon the form prescribed by the department;
(II) Include the applicant's current residency and name of the applicant; the age and name of the child or children for whom care is requested; low-income eligible activity; income; incapacitation, if applicable; and such other information as may be required by department rule that is necessary to determine eligibility. The department shall not request that the applicant provide immunization history, except when utilizing child care that is provided outside of the child's home by a non-relative qualified license-exempt provider. Custody arrangements shall not be included on the application or otherwise collected to determine eligibility for CCCAP. The county department may request, but shall not require, information on child care provider selection at the time of application.
(III) Be verified by the signature of the applicant.
(d) A county department shall not add additional required eligibility criteria to the application or redetermination processes.
(2) (a) When a county department receives an application for child care assistance, it shall promptly make a record concerning the circumstances of the applicant to verify the facts supporting the application and shall examine all pertinent records. The county department shall also verify any other information required by department rule.
(b) In verifying an application received pursuant to this section, the county department shall confirm that the applicant meets the eligibility requirements for receiving public assistance specified in section 26-2-111 (1).
(c) If the information is reasonably available, the county department shall complete the verification before approving or continuing child care assistance.
(d) Within ten working days after the county department discovers a discrepancy relating to a fraudulent or suspected fraudulent act affecting eligibility, the county department shall refer the matter to the appropriate investigatory agency for investigation. The investigatory agency shall take action within thirty days following receipt of the information from the county department.
assistance.
(d) Within ten working days after the county department discovers a discrepancy relating to a fraudulent or suspected fraudulent act affecting eligibility, the county department shall refer the matter to the appropriate investigatory agency for investigation. The investigatory agency shall take action within thirty days following receipt of the information from the county department.
(e) The county department, the department, and the officers and authorized employees of each may conduct visits to the home of the applicant at reasonable times, make investigations and require the attendance and testimony of witnesses and the production of books, records, and papers by subpoena, and make application to the district court to compel and enforce such attendance and testimony of witnesses and the production of such books, records, and papers. Officers and employees designated by the county department or the department may administer oaths and affirmations.
(3) (a) Upon completion of the verification and record of each application for child care assistance, the county department, pursuant to department rules, shall determine whether the applicant is eligible for child care assistance, the amount of child care assistance to be granted, and the beginning date of the assistance. In determining the amount of child care assistance to be granted, the county department shall take due account, pursuant to department rules, of any income or property available to the applicant and any support, either in cash or in kind, that the applicant may receive from other sources.
(b) When the eligibility, amount, and date for beginning child care assistance have been established, the county department shall make an award to or on behalf of the applicant in accordance with department rules, which award is binding on the county and shall be complied with by the county until it is modified or vacated. The county department shall at once notify the applicant and the department, in writing, of its decisions on child care assistance and the reasons for those decisions.
(4) (a) A county department shall not deny child care assistance for a person who is otherwise qualified to receive child care assistance by reason of the fact that:
(I) The person is the owner of real estate occupied by the person as a residence; or
(II) The person is the owner of personal property that is exempt by the laws of Colorado from execution or attachment.
(b) The executive director by rule may establish limitations on the value of real and personal property and other resources, not included in subsection (4)(a) of this section, that may be available to an applicant or recipient without affecting eligibility for child care assistance.
(c) For child care assistance purposes, the value of residential or other real property is equal to the actual value of the property, as determined by the county assessor pursuant to article 1 of title 39.
(5) A county department shall not require a person, as a condition of receiving child care assistance, to repay or promise to repay the state of Colorado any money properly paid to the person as child care assistance pursuant to the provisions of this part 1 and department rules or as public assistance pursuant to article 2 of title 26 and the rules of the state department of human services.
(6) The executive director shall promulgate rules for the implementation of this section.
C.R.S. § 26.5-4-107 Reconsideration and changes
26.5-4-107. Reconsideration and changes. (1) A county department shall reconsider child care assistance awarded pursuant to this part 1 as frequently as and in the manner required by department rules. After further verification and record as the county department deems necessary or department rules may require, the amount of child care assistance provided may be changed or terminated, if the department or the county department finds that the recipient's circumstances have altered sufficiently to warrant such action or if changes in state or federal law have been made that would warrant such action. A county department shall only require and collect any documentation that has changed since the recipient's most recent application or redetermination process and that is required to determine the recipient's continued eligibility.
(2) In accordance with department rules, a county department may terminate child care assistance at any time for cause, or it may, for cause, suspend child care assistance for such period as it may deem proper. Timely notice to persons who are receiving child care assistance, but who are not eligible due to fraudulent acts, may be given five days before the date of a proposed action, in accordance with federal regulations.
(3) Whenever child care assistance is terminated, suspended, or in any way changed, the county department shall at once report the decision to the recipient and to the department, setting forth the reason for the action. All such decisions are subject to review by the department in accordance with department rules.
C.R.S. § 26.5-4-108 Appeals
26.5-4-108. Appeals. (1) (a) If a county department does not act on an application for child care assistance within a reasonable time after the application is filed, or if a county department denies an application in whole or in part, or if a county department suspends, terminates, or modifies a grant of child care assistance, the applicant or recipient, as the case may be, may appeal to the department in the manner and form prescribed by department rules. Every county department shall adopt procedures for the resolution of disputes arising between the county department and an applicant for or recipient of child care assistance prior to appeal to the department. The procedures are referred to in this section as the "dispute resolution process". Two or more counties may jointly establish the dispute resolution process. The dispute resolution process must be consistent with department rules. The dispute resolution process must include an opportunity for all clients to have a county conference upon the applicant's or recipient's request. This requirement may be met through a telephonic conference upon the agreement of the applicant or recipient and the county department. The dispute resolution process need not conform to the requirements of section 24-4-105, as long as the department rules include provisions specifically setting forth expeditious time frames, notice, and an opportunity to be heard and to present information. If the dispute is not resolved, the applicant or recipient may appeal to the department in the manner and form prescribed by department rules. County notices to applicants or recipients must inform them of the basis for the county's decision or action and must inform them of their rights to a county conference under the dispute resolution process and of their rights to state-level appeal and the process for making the appeal.
(b) Upon receipt of an appeal, the department shall give the appellant reasonable notice and an opportunity for a fair hearing in accordance with department rules. The hearing must comply with section 24-4-105, and an administrative law judge must preside.
(c) The appellant must have an opportunity to examine all applications and pertinent records concerning the appellant that constitute a basis for the denial, suspension, termination, or modification of child care assistance.
(d) The appellant may represent himself or herself or may be represented by legal counsel, or by a relative, friend, or other spokesperson. Representation by a nonlawyer in this circumstance does not constitute the practice of law.
(2) All decisions of the department are binding on the county department involved, and the county department shall comply with said decisions.
C.R.S. § 26.5-4-109 Provider rates - provider recruitment - provider
26.5-4-109. Provider rates - provider recruitment - provider. (1) (a) No later than July 1, 2025, and at least every three years thereafter, the department, in consultation with county departments and child care providers, shall develop the calculation of provider rates with the goal of eventually ensuring the provider rates more accurately reflect the cost of child care rather than families' ability to pay. The department may contract for assistance in developing the calculation. The calculation must account for the cost of quality care and may vary by age group, region, and type of care. The department must ensure that the calculation of provider rates complies with federal regulations and, if required by federal law, must obtain approval before changing the calculation of or process for setting the provider rates. Before adopting a change to the provider rates or other payment policies, the department, in consultation with the county departments and providers, shall analyze the anticipated impact of the change to the Colorado child care assistance program, including the impact on the costs of services and on the families and providers that participate in CCCAP. The department shall include an analysis completed pursuant to this subsection (1)(a) in the report described in section 26.5-4-114.
(b) As soon as practicable following July 1, 2022, but no later than October 1, 2022, the executive director shall convene a working group of county departments and providers to discuss provider rates and the provider rate calculation described in subsection (1)(a) of this section.
(2) The department shall establish the provider rates based on the calculation developed pursuant to subsection (1) of this section and shall update the rates on a regular basis.
(3) The department shall include an explanation of the calculation of the provider rates in the report on CCCAP required pursuant to section 26.5-4-114, beginning with the report submitted on November 1, 2024, and in each subsequent report.
(4) The department, working with early childhood councils as defined in section 26.5-2-202, county departments, and local coordinating organizations as defined in section 26.5-2-102 shall identify and recruit providers throughout the state to participate in the child care assistance program. In identifying and recruiting providers, the department and local coordinating organizations shall establish a mixed delivery system of public and private providers in communities throughout the state that enables parents to select CCCAP providers for their children from as broad a range as possible within their respective communities.
(5) Starting July 1, 2025, the department shall create a pilot program for unlicensed providers to seek license-exempt status and establishment as an eligible CCCAP provider separate and distinct from the parent-initiated process. The pilot program must operate in at least two counties, including one urban county and one rural county. By June 30, 2027, the department shall evaluate the outcomes of the pilot program on enrolled providers and child care capacity and services in participating counties.
C.R.S. § 26.5-4-110 Funding - allocation - maintenance of effort - allocation committee - rules
26.5-4-110. Funding - allocation - maintenance of effort - allocation committee - rules. (1) There is created the child care assistance program allocation committee consisting of eleven members, eight of whom are appointed by a statewide association of counties and three of whom are appointed by the department. Of the members appointed by the statewide association of counties, at least two members must be from small or medium-sized counties and at least three must be from large counties, one appointee of whom must be a representative from the county that has the greatest percentage of the state's child care assistance program caseload. The appointing authorities shall consult with each other to ensure that the child care assistance program allocation committee is representative of the counties in the state. The child care assistance program allocation committee shall develop its own operational procedures.
(2) (a) Starting with the 2023-24 state fiscal year, and subject to available appropriations, the department, upon receiving recommendations from the child care assistance program allocation committee, shall annually establish the amount of each county's block grant for CCCAP based on an allocation formula agreed upon by the department and the child care assistance program allocation committee. Counties are only required to spend the state CCCAP allocation and the maintenance of effort for that allocation.
(b) If the department and the child care assistance program allocation committee do not reach an agreement on the allocation formula on or before June 1 of a state fiscal year for the succeeding state fiscal year, the department and the child care assistance program allocation committee shall submit alternatives to the joint budget committee of the general assembly from which the joint budget committee shall select an allocation formula before the beginning of the succeeding state fiscal year.
(3) The department, after input from the child care assistance program allocation committee, shall adopt rules regarding adjustments to the amount of a block grant, and the rules must address the following factors:
(a) The cost of living;
(b) The cost of high-quality early childhood programs;
(c) The cost of programs;
(d) The regional market rates or costs for CCCAP;
(e) Drastic economic changes;
(f) Geographic differences within a county; and
(g) Other factors as determined by the child care assistance program allocation committee.
(4) The money in a county block grant allocated to a county pursuant to this section must only be used for the provision of child care services pursuant to department rules promulgated pursuant to this part 1.
(5) Money transferred from the county block grant temporary assistance for needy families program pursuant to section 26-2-714 (7) to the child care development fund may be used for child care quality improvement activities as identified in the federal "Child Care and Development Block Grant Act of 2014", 42 U.S.C. sec. 9858e, as amended.
t to department rules promulgated pursuant to this part 1.
(5) Money transferred from the county block grant temporary assistance for needy families program pursuant to section 26-2-714 (7) to the child care development fund may be used for child care quality improvement activities as identified in the federal "Child Care and Development Block Grant Act of 2014", 42 U.S.C. sec. 9858e, as amended.
(6) For state fiscal year 2005-06 and for each state fiscal year thereafter, each county is required to meet a level of county spending for CCCAP that is equal to the county's proportionate share of the total county funds set forth in the annual general appropriation act for CCCAP for that state fiscal year. The level of county spending is known as the county's maintenance of effort for CCCAP for that state fiscal year. For any state fiscal year, the department is authorized to adjust a county's maintenance of effort, reflected as a percentage of the total county funds set forth in the annual general appropriation act for CCCAP for that state fiscal year, so that the percentage equals the county's proportionate share of the total state and federal funds appropriated for CCCAP for that state fiscal year. For any state fiscal year, the sum of all counties' maintenance of effort must be equal to or greater than the total county funds set forth in the general appropriation act for the state fiscal year 1996-97 for employment-related child care.
C.R.S. § 26.5-4-111 Services - eligibility - assistance provided - waiting lists - rules - exceptions from cooperating with child support establishment
26.5-4-111. Services - eligibility - assistance provided - waiting lists - rules - exceptions from cooperating with child support establishment. (1) Subject to available appropriations and pursuant to department rules promulgated for the implementation of this part 1, a county shall provide child care assistance to a participant or any person or family whose income is not more than one hundred eighty-five percent of the federal poverty level. For purposes of determining or redetermining eligibility for child care assistance, a county shall exclude from the definition of income payments made to a family from any unrestricted cash assistance program administered by a government, intermediary, nonprofit, or corporate entity. Subject to available appropriations and as necessary to comply with federal law or to align eligibility across early care and education programs specifically to meet the early care and education, income security, and child welfare needs of similar populations and as allowed by federal regulations, the executive director by rule may adjust the percentage of the federal poverty level used to determine child care assistance eligibility and shall revise income verification requirements that promote alignment and simplification with the Colorado universal preschool program.
(2) (a) A county may provide child care assistance for any family whose income at initial determination exceeds the requirements of subsection (1) of this section but does not exceed the maximum federal level for eligibility for services of eighty-five percent of the state median income for a family of the same size if it is serving all eligible families who have applied for CCCAP and whose income level is below that requirement. A county shall exclude state and federal assistance program income in eligibility determinations.
(b) If, during a participant's, person's, or family's twelve-month eligibility period, the participant's, person's, or family's income rises to or above the level set by department rule at which the county may deny such participant, person, or family child care assistance, the county shall continue providing the current CCCAP subsidy until that participant's, person's, or family's next twelve-month redetermination.
(c) If, at the time of a participant's, person's, or family's twelve-month eligibility redetermination, the participant's, person's, or family's income rises to or above the level set by department rule at which the county may deny child care assistance, or if that income level rises above the maximum federal eligibility level of eighty-five percent of the state median income for a family of the same size, the county shall immediately notify the participant, person, or family that it is no longer eligible for CCCAP.
(3) (a) Subject to available appropriations, pursuant to rules promulgated for implementation of this part 1, and except as provided in subsection (3)(b) of this section, a county shall provide child care assistance for a family transitioning off the works program due to employment or job training without requiring the family to apply for low-income child care but shall redetermine the family's eligibility within twelve months after the transition.
(b) A family that transitions off the works program must not be automatically transitioned to CCCAP pursuant to subsection (3)(a) of this section if either of the following conditions apply:
(I) The family is leaving the works program due to a violation of program requirements as defined in part 7 of article 2 of title 26 or by department rule; or
(II) The family is leaving the works program due to employment and will be at an income level that exceeds the income eligibility limit for the CCCAP.
rsuant to subsection (3)(a) of this section if either of the following conditions apply:
(I) The family is leaving the works program due to a violation of program requirements as defined in part 7 of article 2 of title 26 or by department rule; or
(II) The family is leaving the works program due to employment and will be at an income level that exceeds the income eligibility limit for the CCCAP.
(c) (Deleted by amendment, L. 2022.)
(4) (a) (I) A recipient of child care assistance through CCCAP is responsible for paying a portion of the recipient's child care costs based upon the recipient's income and the formula developed by department rule. The department and counties shall provide parent fee information in a variety of dissemination methods such as websites, including the Colorado shines website; mass media; paper forms and brochures; and targeted outreach. The information must include a clear definition of the parent fee; how parent fees are calculated; parent fee policies, such as when they must be paid; the parent fee and sliding fee scale; how parents and providers were engaged in the process for determining the parent fee and sliding fee scale; and a description of how parent fees might differ based on the provider that a family selects. Parent fee sliding scales should be presented in a clear, accessible format. The information must also be accessible in languages in addition to English and Spanish, based on the populations the department and counties serve.
(II) Upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (4)(a)(II), for a family living at or below one hundred percent of the federal poverty level, the family copayment responsibility must be restricted to no more than one percent of the family's gross monthly income as determined based on one month of income.
(III) Pursuant to department rules and upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (4)(a)(III), income received during the past thirty days must be used in determining the copayment, unless on a case-by-case basis the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects an ability to afford the required family copayment.
(b) The executive director by rule shall establish, and at least every five years review and revise, as appropriate, a copayment schedule so that the copayment gradually increases as the family income approaches self-sufficiency income levels, but must be no greater than seven percent of the family's gross monthly income on or before August 1, 2026, regardless of the number of children in care, as determined based on one month of income, unless one month of income does not provide an accurate indication of anticipated income, in which case the county may use evidence of up to the most recent twelve months of income; however, if a federal rule limits copayments to less than seven percent of the family's gross monthly income, the department shall immediately comply with the federal limit. This revised copayment schedule should allow families to retain a portion of their increases in income.
ication of anticipated income, in which case the county may use evidence of up to the most recent twelve months of income; however, if a federal rule limits copayments to less than seven percent of the family's gross monthly income, the department shall immediately comply with the federal limit. This revised copayment schedule should allow families to retain a portion of their increases in income.
(c) A participant who is employed shall pay a portion of the participant's income for child care assistance under CCCAP. The participant's required copayment pursuant to the provisions of this subsection (4)(c) is determined by a formula established by department rule that takes into consideration the factors set forth in subsections (4)(a) and (4)(b) of this section. The participant's employer may pay the participant's copayment at the participant's copayment rate.
(5) Repealed.
(6) Effective July 1, 2023, a county shall not require a person who applies for child care assistance pursuant to this section to participate in child support establishment, modification, and enforcement services related to any support owed by obligors to their children or to cooperate with the delegate child support enforcement unit as a condition of receiving child care assistance services. This subsection (6) does not prohibit a county from educating applicants about the benefits of child support and child support establishment, modification, and enforcement services, and how to engage in the child support process.
(7) (a) For a family with a child who is enrolled in both CCCAP and a head start program or, as soon as practicable after July 1, 2023, both CCCAP and the Colorado universal preschool program, the family's CCCAP eligibility redetermination must occur no sooner than the end of the last month of the child's first full twelve-month program year of enrollment in the head start or Colorado universal preschool program. Child care assistance program eligibility redetermination for a child enrolled in both programs must occur once every twelve months thereafter.
(b) Notwithstanding the provisions of section 26-1-127 (2)(a), a family that receives child care assistance pursuant to this part 1 is not required to report income or activity changes during the twelve-month eligibility period; except that, within the twelve-month eligibility period, a family is required to report a change in income if the family's income exceeds eighty-five percent of the state median income.
(c) A parent must not be determined ineligible to receive child care assistance pursuant to this part 1 as a result of:
(I) Taking maternity leave;
(II) Being a separated spouse or parent under a validly issued temporary order for parental responsibilities or child custody where the other spouse or parent has disqualifying financial resources;
(III) Each instance of nontemporary job loss for less than ninety days; or
(IV) A temporary break in eligible activity, as defined by department rule.
(d) Pursuant to department rules promulgated for the implementation of this part 1, a parent who is enrolled in a postsecondary education program or a workforce training program is eligible for CCCAP for at least any two years of the postsecondary education or workforce training program, provided all other CCCAP eligibility requirements are met during those two years. On and after July 1, 2024, a county may not give priority for services to a working family over a family enrolled in postsecondary education or workforce training.
ion program or a workforce training program is eligible for CCCAP for at least any two years of the postsecondary education or workforce training program, provided all other CCCAP eligibility requirements are met during those two years. On and after July 1, 2024, a county may not give priority for services to a working family over a family enrolled in postsecondary education or workforce training.
(e) To provide continuous child care with the least disruption to the child, authorized child care through CCCAP must promote continuous, consistent, and regular care and must not be linked directly to a parent's employment, education, or workforce training schedule. Pursuant to department rules, the amount of child care authorized should be based on the parent's and child's needs for child care.
(8) Pursuant to department rules and upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (8), income received during the past thirty days must be used in determining eligibility unless, on a case-by-case basis, the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects a family's current income level.
(9) A county has the authority to develop a voucher system for families enrolled in CCCAP through which they can secure relative or unlicensed child care.
(10) An early care and education provider or county may conduct a pre-eligibility determination for child care assistance for a family to facilitate the determination process. The early care and education provider shall submit its pre-eligibility documentation to the county for final determination of eligibility for child care assistance. The early care and education provider or county may provide services to the family prior to final determination of eligibility, and the county shall reimburse a provider for such services only if the county determines the family is eligible for services and there is no need to place the family on a waiting list. If the family is found ineligible for services, the county shall not reimburse the early care and education provider for any services provided during the period between its pre-eligibility determination and the county's final determination of eligibility.
(11) A provider or a local coordinating organization, as defined in section 26.5-2-102, may accept a family's CCCAP application and submit it to the county on behalf of a family seeking child care assistance.
(12) Each county:
arly care and education provider for any services provided during the period between its pre-eligibility determination and the county's final determination of eligibility.
(11) A provider or a local coordinating organization, as defined in section 26.5-2-102, may accept a family's CCCAP application and submit it to the county on behalf of a family seeking child care assistance.
(12) Each county:
(a) Upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (12)(a), and pursuant to department rules, on or before August 1, 2026, and subject to available federal appropriations, in addition to regular provider reimbursement rates, the county departments shall pay providers for care in alignment with common practices in the private market for child care, including paying providers weekly for each child based on child enrollment in advance of the provision of services. The department rules governing payment policies must allow daily reimbursement rates only for drop-in child care, back-up child care, and care that is commonly paid on a daily reimbursement basis in the private child care market and must incentivize providers to promote regular program attendance. On or before August 1, 2026, and subject to available federal appropriations, the department and county departments shall utilize grants and contracts for underserved populations, including children in underserved geographic areas, infants and toddlers, children with disabilities, and families needing nontraditional-hour care, to improve equitable access for these populations. The department shall annually evaluate data regarding the numbers and percentages of underserved populations being served by CCCAP to determine if equitable access is improved or achieved. The executive director shall promulgate rules for the implementation of this subsection (12).
(b) Shall maintain a current and accurate waiting list of parents who have inquired about securing a CCCAP subsidy and are likely to be eligible for CCCAP based on self-reported income and job, education, or workforce training activity if families are not able to be served at the time of application due to funding concerns. Counties may enroll families off waiting lists according to local priorities and may require an applicant to restate the applicant's intention to be kept on the waiting list every six months in order to maintain the applicant's place on the waiting list.
(c) Shall post eligibility, authorization, and administration policies and procedures so they are easily accessible and readable to a layperson. The policies must be sent to the department for compilation.
(d) May use its CCCAP allocation to provide enrollment contracts or grants to early care and education providers: To support implementation of the local community plan described in section 26.5-2-104; to increase the supply and improve the quality of child care for infants and toddlers, children with disabilities, after-hours care, and children in underserved neighborhoods; to provide stability for the early childhood sector; and to improve alignment with the provision of additional preschool services, as defined in section 26.5-4-203, to working families who need additional care;
(e) Subject to available appropriations and pursuant to department rules, and upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (12)(e), shall use eligibility determination information from other public assistance programs and systems to determine CCCAP eligibility, including eligibility determination information used for children participating in the Colorado universal preschool program; and
t case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (12)(e), shall use eligibility determination information from other public assistance programs and systems to determine CCCAP eligibility, including eligibility determination information used for children participating in the Colorado universal preschool program; and
(f) Shall prioritize child care assistance for certified foster parents, certified kinship foster parents, noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department, and noncertified kinship care providers that provide care for children with an open child welfare case who are not in the legal custody of a county department.
(13) For children who are enrolled in both CCCAP and the Colorado universal preschool program, the executive director shall adopt rules as necessary to ensure:
(a) Funds may be combined and coordinated to the extent allowed by law at the state and local level to ensure families can seamlessly access early childhood education and services and providers face the fewest possible systems to navigate to secure payment for services; and
(b) Eligibility and authorization for services for the portions of both programs that are targeted to similar populations are aligned to the greatest extent practicable as allowed by federal regulations, including ensuring the state takes maximum advantage of flexibility in federal regulations to ensure that children who are eligible for both programs can seamlessly access the length and quality of programming that parents, children, and families need.
(14) The executive director shall promulgate rules for the implementation of this part 1.
(15) An applicant can satisfy the eligible activity criteria for up to one year by participating in a substance use disorder treatment. Participation in a nationally recognized, evidence-based substance use disorder treatment program at an intensive outpatient service level of care or higher must be recognized as an eligible activity for a workforce training program.
C.R.S. § 26.5-4-112 Exemptions - requirements
26.5-4-112. Exemptions - requirements. (1) Notwithstanding any provision of section 26.5-4-111 to the contrary, an exempt family child care home provider, as defined in section 26.5-5-303, is not eligible to receive child care assistance money through CCCAP if the provider fails to meet the criteria established in section 26.5-5-326.
(2) As a prerequisite to entering into a valid CCCAP contract with a county office or to being a party to any other payment agreement for the provision of care for a child whose care is funded in whole or in part with money received on the child's behalf from publicly funded state child care assistance programs, an exempt family child care home provider shall sign an attestation that affirms the provider, and any qualified adult residing in the exempt family child care home, has not been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has not entered, pursuant to part 3 or 4 of article 14 of title 15, or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the provider cannot safely operate an exempt family child care home.
C.R.S. § 26.5-4-113 No individual entitlement
26.5-4-113. No individual entitlement. (1) Nothing in this part 1 or any rules promulgated pursuant to this part 1 creates a legal entitlement in any person to child care assistance.
(2) A county shall not create nor be interpreted as having created a legal entitlement in any person to assistance pursuant to this part 1.
(3) Child care assistance awarded pursuant to this part 1 is awarded and held subject to the provisions of any amending or repealing law, and a recipient does not have a claim for compensation or otherwise by reason of the recipient's child care assistance being affected in any way by an amending or repealing law.
C.R.S. § 26.5-4-114 Colorado child care assistance program - reporting requirements
26.5-4-114. Colorado child care assistance program - reporting requirements. (1) On or before November 1, 2022, and on or before November 1 each year thereafter, the department shall prepare a report on CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the department shall provide the report to the joint budget committee of the general assembly, the public and behavioral health and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees. The report must include, at a minimum, the following information related to benchmarks of success for CCCAP:
(a) The number of children and families served through CCCAP statewide and by county, which, beginning November 1, 2024, must include the number of children served in part-time child care through CCCAP and the number of children served in full-time child care through CCCAP, both groups disaggregated by ages from birth through thirteen years of age;
(b) The average length of time that parents remain in the workforce while receiving CCCAP subsidies, even when their income increases;
(c) The average number of months of uninterrupted, continuous care for children enrolled in CCCAP;
(d) The number and percent of all children enrolled in CCCAP who receive care at each level of the state's quality and improvement rating system;
(e) The average length of time a family is authorized for a CCCAP subsidy, disaggregated by recipients' eligible activities, such as job search, employment, workforce training, and postsecondary education;
(f) The number of families on each county's wait list as of October 1 of each year, as well as the average length of time each family remains on the wait list in each county;
(g) The number of families and children statewide and by county that exit CCCAP due to their family incomes exceeding the eligibility limits;
(h) The number of families and children statewide and by county that reenter CCCAP within two years of exiting due to their family incomes exceeding the eligibility limits;
(i) An estimate of unmet need for CCCAP in each county and throughout the state based on estimates of the number of children and families who are likely to be eligible for CCCAP in each county but who are not enrolled in CCCAP, disaggregated by estimated ages from birth through thirteen years of age; and
(j) Beginning with the report submitted November 1, 2024, and in each annual report thereafter:
(I) A year-over-year comparison of the number of children served by CCCAP to show fluctuations in the number of children served;
(II) The number of informal, license-exempt providers, in-home providers, community-based providers, and school-based providers that agree to serve children with a CCCAP subsidy compared to the total number of providers;
(III) The number of provider agreements and enrollment contracts with providers;
(IV) An explanation of the calculation of the most recently adopted provider rates; and
(V) An explanation of the quality incentives made available to providers.
C.R.S. § 26.5-4-115 Performance contracts
26.5-4-115. Performance contracts. (1) (a) Each county, either acting singly or with a group of counties, shall enter into an annual performance contract with the department that identifies the county's or group of counties' and the department's duties and responsibilities in implementing the child care assistance program, including quality customer service to clients. The performance contract must include, but need not be limited to, requirements and provisions that address each party's duties and responsibilities to work in a collaborative manner to administer, financially support, and implement the child care assistance program using fair and objective criteria.
(b) A county or group of counties may be penalized for not meeting any obligation under the performance contract. The penalties must be identified in the performance contract and may include a reduction in a future county block grant allocation.
(2) The performance contract must set forth the circumstances under which the department may elect that it or its agent assume the county's or group of counties' administration and implementation of the child care assistance program.
(3) If a disagreement concerning the performance contract arises between the county or group of counties and the department, either party may request resolution of the disagreement through an independent dispute resolution process that is agreed upon by the parties. If necessary to assure services are available within the county or group of counties, the department may enter into a temporary agreement with the county or group of counties or with another public or private agent until the disagreement is resolved.
C.R.S. § 26.5-4-116 Recovery from recipient - estate
26.5-4-116. Recovery from recipient - estate. (1) If, at any time during the continuance of child care assistance, the recipient becomes possessed of property having a value in excess of that amount set pursuant to the provisions of section 26.5-4-106 (4) and department rules or receives any increase in income, the recipient shall notify the county department of the possession of the property or receipt of the income, and the county department may either terminate the child care assistance or alter the amount of child care assistance in accordance with the circumstances and department rules. To the extent not otherwise prohibited by state or federal law, if the recipient is found to have committed an intentional program violation, the recipient is disqualified from participation in CCCAP for twelve months for the first incident, twenty-four months for a second incident, and permanently for a third or subsequent incident. This disqualification is mandatory and is in addition to any other penalty imposed by law. Except as provided in subsections (3) and (4) of this section, any previously provided excess child care assistance to which the recipient was not entitled is recoverable by the county as a debt due to the state and the county in proportion to the amount of child care assistance paid by each respectively; except that interest is charged and paid to the county department on any sum fraudulently obtained, calculated at the legal rate and calculated from the date the sum was paid to a provider on behalf of the recipient to the date the sum is recovered. If the debt for fraudulently obtained child care assistance, fraudulently obtained overpayments of child care assistance, or excess child care assistance paid for which the recipient was ineligible has been reduced to a judgment in a court of record in this state, the county department may seek a continuing garnishment to collect the debt under article 54.5 of title 13.
(2) If, upon the death or mental incompetency of any recipient, the inventory of the recipient's estate shows assets in excess of the amount that the recipient was allowed to have in order to receive child care assistance, or if it be shown that the recipient was otherwise ineligible for child care assistance, then the claim of the county and state for the excess child care assistance paid for which the recipient was ineligible, if filed as required by section 15-12-804, has priority as a debt given preference under section 15-12-805 (1)(f.7).
(3) When a recipient was ineligible for child care assistance solely because of property in excess of that permitted by department rules pursuant to section 26.5-4-106 (4), the amount for which the recipient is liable is the amount by which the property exceeded the amount allowable under said rules or the total amount of child care assistance received, whichever is the lesser amount. Except as provided in subsection (4) of this section, actions for the recovery of these sums must be prosecuted by the county department or the department in a court of record that has jurisdiction.
(4) The department and a county department may elect not to attempt recovery of an overpayment of child care assistance from an individual who is no longer receiving public assistance or child care assistance if the overpayment amount is less than thirty-five dollars. If the overpayment amount owed by an individual who is no longer receiving public assistance or child care assistance is thirty-five dollars or more, the department and the county department may determine, consistent with the six-year time limitation for the execution on judgments involving state debt, that it is no longer cost-effective to continue to pursue recovery of the overpayment.
C.R.S. § 26.5-4-117 Locating violators - recoveries
26.5-4-117. Locating violators - recoveries. (1) The executive director or district attorneys may request and receive from departments, boards, bureaus, or other agencies of the state or any of its political subdivisions, and the same are required to provide, such assistance and data as will enable the department and county departments properly to carry out their powers and duties to locate and prosecute any person who fraudulently obtains child care assistance pursuant to this part 1. Any records established pursuant to the provisions of this section are available only to the department, the county departments, the attorney general, and the district attorneys, county attorneys, and courts having jurisdiction in fraud or recovery proceedings or actions.
(2) All departments and agencies of the state and local governments shall cooperate in the location and prosecution of a person who fraudulently obtains child care assistance pursuant to this part 1, and, on request of the county or district board of human or social services, the county director, the department, or the district attorney of any judicial district in this state, shall supply all information on hand relative to the location, employment, income, and property of said persons, notwithstanding any other provision of law making the information confidential, except the laws pertaining to confidentiality of tax returns filed pursuant to law with the department of revenue. The department of revenue shall furnish at no cost to inquiring departments and agencies such information as may be necessary to effectuate the purposes of this part 1. The executive director shall, by rule, establish the procedures whereby this information is requested and provided. The department or county departments shall use such information only for the purposes of administering the Colorado child care assistance program pursuant to this part 1, and a district attorney shall use it only for the prosecution of persons who fraudulently obtain child care assistance pursuant to this part 1, and shall not use the information, or disclose it, for any other purpose.
(3) A district attorney shall bill the actual costs and expenses incurred by the district attorney's office in carrying out the provisions of subsection (2) of this section to counties or a county within the judicial district in the proportions specified in section 20-1-302. Each county shall make an annual accounting to the department on all amounts recovered.
C.R.S. § 26.5-4-118 Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants
26.5-4-118. Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants. (1) The executive director may establish reasonable rules to provide safeguards restricting the use or disclosure of information concerning applicants, recipients, and former and potential recipients of federally aided child care assistance to purposes directly connected with the administration of the Colorado child care assistance program and related department activities and covering the custody, use, and preservation of the records, papers, files, and communications of the department and county departments. Whenever, under provisions of law, names and addresses of applicants for, recipients of, or former and potential recipients of child care assistance are furnished to or held by another agency, department of government, or an auditor conducting a financial or performance audit of a county department pursuant to section 26-1-114.5, the agency, department, or auditor is required to prevent the publication of lists and uses of the lists for purposes not directly connected with the administration of the Colorado child care assistance program.
(2) (a) (I) Except as provided in subsections (2)(a)(II) and (2)(a)(III) of this section, or except as disclosure is otherwise required by statute or by rule of civil procedure for child support establishment or enforcement purposes, it is unlawful for a person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving child care assistance directly or indirectly derived from the records, papers, files, or communications of the department or county departments or subdivisions or agencies thereof or acquired in the course of the performance of official duties. A financial institution or insurance company that provides the data, whether confidential or not, required by the department, in accordance with the provisions of this subsection (2), is not liable for providing the data to the department nor for any use the department makes of the data.
(II) The information described in subsection (2)(a)(I) of this section may be disclosed for purposes directly connected with the administration of the Colorado child care assistance program and in accordance with this subsection (2) and with department rules.
(III) (A) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the department shall provide the bureau with information concerning the location of any person whose name appears in the department's records who is the subject of an outstanding felony arrest warrant. Upon receipt of the information, it is the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the department. Location information provided pursuant to this section must be used solely for law enforcement purposes. The department and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the department nor its employees or agents are liable in a civil action for providing information in accordance with the provisions of this subsection (2)(a)(III)(A).
(B) As used in subsection (2)(a)(III)(A) of this section, "law enforcement agency" means an agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to a police department, a sheriff's department, a district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation.
subsection (2)(a)(III)(A) of this section, "law enforcement agency" means an agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to a police department, a sheriff's department, a district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation.
(b) By signing an application or redetermination of eligibility form for child care assistance, an applicant authorizes the department to obtain records pertaining to information provided in that application or redetermination of eligibility form from a financial institution, as defined in section 15-15-201 (4), or from an insurance company. The application or redetermination of eligibility form must contain language clearly indicating that signing constitutes such an authorization.
(c) A county department shall not deny an applicant or discontinue a recipient due to the disclosure of assets unless and until the county department has assured that the assets taken together with other assets exceed the limit for eligibility of countable assets.
(3) The applicant for or recipient of child care assistance, or the applicant's or recipient's representative, must have an opportunity to examine all applications and pertinent records concerning the applicant or recipient that constitute a basis for denial, modification, or termination of child care assistance or to examine the records in the case of a fair hearing.
(4) A person who violates subsection (1) or (2) of this section commits a petty offense.
C.R.S. § 26.5-4-119 State income tax refund offset - rules
26.5-4-119. State income tax refund offset - rules. (1) (a) At any time prescribed by the department of revenue, but not less frequently than annually, the department shall certify to the department of revenue information regarding persons who are obligated to the state for overpayment of child care assistance. The information must include certification of the amount of overpayment, which has been determined by final agency action or has been ordered by a court as restitution or has been reduced to judgment.
(b) The information must also include the name and the social security number or tax identification number of the person obligated to the state for the overpayment, the amount of the obligation, and any other identifying information the department of revenue may require.
(2) As a condition of certifying an overpayment to the department of revenue as provided in subsection (1) of this section, the department shall ensure that the obligated person has been afforded the opportunity for a conference at the county department level and the opportunity for an appeal to the department pursuant to section 26.5-4-108. In addition, the department, prior to final certification of the information specified in subsection (1) of this section to the department of revenue, shall notify the obligated person, in writing, at the person's last-known address, that the state intends to refer the person's name to the department of revenue in an attempt to offset the obligation against the person's state income tax refund. The notification must inform the obligated person of the opportunity for a conference with the county department and of the opportunity for an appeal to the department pursuant to section 26.5-4-108. In addition, the notice must specify issues that the obligated person may raise at an evidentiary conference or on appeal, as provided by this subsection (2), in objecting to the offset and must specify that the obligated person may not object to the fact that an overpayment occurred. If the obligated person desires an evidentiary conference or appeal as provided in this subsection (2), the person must request the conference or appeal within thirty days after the date on which the notice was mailed.
(3) Upon receiving notice from the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108, the department shall disburse the amounts to the appropriate county to process for distribution to the state or local agency to whom the person is obligated.
(4) The executive director shall promulgate rules establishing procedures to implement this section.
(5) The department shall provide the home addresses and social security numbers or tax identification numbers of persons subject to the income tax refund offset, provided to the department by the department of revenue, to the appropriate county department.
C.R.S. § 26.5-4-120 Child and adult care food program feasibility study
26.5-4-120. Child and adult care food program feasibility study. (1) The department, in consultation with the department of public health and environment, shall conduct or contract for a study to determine the feasibility of de-linking eligibility for the federal child and adult care food program from the Colorado child care assistance program. The study must include:
(a) Research on alternative eligibility processes for participation in the federal child and adult care food program that is specifically tailored for license-exempt family, friend, and neighbor providers, as described in section 26.5-3-808; and
(b) Guidelines and best practices for the implementation of alternative eligibility processes to ensure adequate oversight without creating undue administrative burdens for the department or license-exempt family, friend, and neighbor providers, while ensuring the nutritional well-being of children in the provider's care.
C.R.S. § 26.5-4-201 Short title
26.5-4-201. Short title. The short title of this part 2 is the "Colorado Universal Preschool Program Act".
C.R.S. § 26.5-4-202 Legislative declaration
26.5-4-202. Legislative declaration. (1) (a) The general assembly finds and declares that:
(I) Colorado has prioritized early learning through its investments in the Colorado preschool program, established in 1988, and full-day kindergarten, adopted in 2019;
(II) Since establishing the Colorado preschool program, Colorado has steadily increased its investment in high-quality preschool programming, securing a significant return on investment by improving child outcomes year over year by expanding access to preschool for children in low-income families and those who are at risk of entering kindergarten without being prepared to learn;
(III) State and national research demonstrate the positive and long- and short-term impacts of high-quality preschool, including improved early literacy, reduced grade retention, decreased probability of developing a significant reading deficiency, improved performance on statewide standards-based assessments, and increased rate of high school graduation;
(IV) Research demonstrates that economically disadvantaged children derive greater benefits from preschool programs in states that offer universal programs than in states that offer preschool programs specifically for economically disadvantaged children;
(V) In the 2020 general election, the voters of Colorado approved proposition EE by a nearly two-to-one margin, establishing a dedicated source of funding for statewide, voluntary, universal preschool programming for children in the year preceding kindergarten and for additional preschool programming for children in low-income families and children who are at risk of entering kindergarten without being prepared to learn. With the passage of this measure, Colorado voters in rural, urban, and suburban communities have demonstrated their strong commitment to expanding access to quality preschool for children regardless of their economic circumstances.
(VI) Creating a statewide mixed delivery system of preschool providers to make preschool programming universally available to children throughout Colorado compounds the benefits for children who are in low-income families and increases the ultimate social and economic benefits of high-quality preschool programming for the state as a whole.
(b) The general assembly finds, therefore, that it is in the best interests of the state and consistent with the will of the voters of Colorado to establish the Colorado universal preschool program to provide high-quality, voluntary preschool programming through a mixed delivery system for children throughout the state in the year preceding kindergarten enrollment and to provide for additional preschool services for children who are in low-income families or who meet identified qualifying factors.
(2) (a) The general assembly further finds and declares that:
(I) In 2000, the voters approved section 17 of article IX of the state constitution, which requires the general assembly to annually increase, by at least the rate of inflation, the statewide base per pupil funding, as defined by article 54 of title 22, for public education from preschool through twelfth grade;
(II) In the 2001-02 fiscal year and in every fiscal year since, the increases to statewide base per pupil funding have automatically applied to funding for preschool services provided by school districts, because the funding for preschool services has been calculated through the school finance formula established in article 54 of title 22, which applies to funding for public elementary and secondary education;
001-02 fiscal year and in every fiscal year since, the increases to statewide base per pupil funding have automatically applied to funding for preschool services provided by school districts, because the funding for preschool services has been calculated through the school finance formula established in article 54 of title 22, which applies to funding for public elementary and secondary education;
(III) To effectively and efficiently provide preschool services through a mixed delivery system of school- and community-based preschool providers, and to ensure that funding calculations account for the unique standards and features of preschool programs, state funding for preschool services, including preschool services for children with disabilities, must be appropriated and allocated separately from the funding for public elementary and secondary education, and, beginning in the 2023-24 fiscal year, the statewide base per pupil funding amount set annually for public elementary and secondary education will no longer apply to funding for preschool services;
(IV) To continue to meet the intent of section 17 (1) of article IX of the state constitution with regard to funding for preschool services, it is appropriate for the department of early childhood to establish a per-child constitutional compliance rate for the 2023-24 fiscal year that equals the portion of the statewide base per pupil funding amount established for the 2023-24 fiscal year that applies to the number of hours of universal preschool services provided to an eligible child, and to increase the per-child constitutional compliance rate annually by the rate of inflation.
(b) The general assembly, therefore, declares that, by establishing a per-child constitutional compliance rate and ensuring that the per-child rate that the department annually establishes for universal preschool services and for preschool services provided to children who are three years of age or younger meets or exceeds the per-child constitutional compliance rate, funding for the Colorado universal preschool program substantially complies with the requirements of section 17 (1) of article IX of the state constitution.
(3) (a) The general assembly further finds and declares that:
(I) In approving proposition EE, the voters supported funding for ten hours of high-quality preschool programming for all Colorado children in the year preceding kindergarten enrollment, as well as additional preschool programming for children who are at risk of entering kindergarten without being prepared to learn, including children in low-income families;
(II) Research demonstrates that participating in high-quality preschool programs helps to ensure that children in low-income families are able to enter kindergarten on par with their peers in higher-income families; and
(III) For the preschool program to serve children equitably, the state must invest in additional hours of preschool programming for children in low-income families, in addition to funding the ten hours of universal preschool services.
uality preschool programs helps to ensure that children in low-income families are able to enter kindergarten on par with their peers in higher-income families; and
(III) For the preschool program to serve children equitably, the state must invest in additional hours of preschool programming for children in low-income families, in addition to funding the ten hours of universal preschool services.
(b) The general assembly finds, therefore, that it is in the best interests of the state to allocate the amount appropriated for the Colorado universal preschool program to provide adequate funding for both a high-quality universal preschool program and additional preschool programming for children in low-income families.
(4) The general assembly recognizes the requirement of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, to provide educational services to every three- or four-year-old child with a disability, in accordance with the child's individualized education program. The general assembly declares that, for purposes of section 17 of article IX of the state constitution, meeting the obligation of serving all three- and four-year-old children with disabilities through the Colorado universal preschool program is an important element of expanding the availability of preschool programs and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 26.5-4-203 Definitions
26.5-4-203. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Additional preschool services" means hours of preschool services provided to a child in the year preceding enrollment in kindergarten that are in addition to the universal preschool services the child receives.
(2) "Charter school" means a charter school that is:
(a) A district charter school authorized pursuant to part 1 of article 30.5 of title 22, an institute charter school authorized pursuant to part 5 of article 30.5 of title 22, or a charter school authorized by the Colorado school for the deaf and the blind pursuant to section 22-80-102 (4)(b);
(b) Authorized in its charter contract to provide preschool services; and
(c) Licensed pursuant to part 3 of article 5 of this title 26.5 to operate as a preschool provider.
(3) "Children with disabilities" has the same meaning as provided in section 22-20-103.
(4) "Colorado universal preschool program" or "preschool program" means the program established within the department pursuant to section 26.5-4-204, and includes all participating preschool providers.
(5) "Community plan" means the community plan adopted by a local coordinating organization pursuant to section 26.5-2-104.
(6) "ECEA" means the "Exceptional Children's Educational Act", article 20 of title 22, and its implementing rules.
(7) "Eligible child" means a child who is eligible to receive preschool services as provided in section 26.5-4-204 (3).
(8) "IDEA" means the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations.
(9) "Individualized education program" has the same meaning as provided in section 22-20-103.
(10) "Inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.
(11) "Local coordinating organization" means the entity selected by the department pursuant to section 26.5-2-103 to implement a community plan for early childhood and family support programs and services within a specified community.
(12) "Mixed delivery system" means a system for delivering preschool services through a combination of school- and community-based preschool providers, which include family child care homes, child care centers, and head start agencies, that are funded by a combination of public and private money.
(13) "Parent" has the same meaning as provided in section 22-20-103.
(14) "Preschool provider" means any of the following entities that are licensed pursuant to part 3 of article 5 of this title 26.5:
(a) A family child care home, as defined in section 26.5-5-303;
(b) A child care center, as defined in section 26.5-5-303;
(c) A school district licensed to operate as a public preschool provider;
(d) A charter school licensed to operate as a public preschool provider; or
(e) A head start program.
(15) "Qualifying factor" means a child or family circumstance, as identified by department rule pursuant to section 26.5-4-204 (4)(a)(II), that may negatively impact a child's cognitive, academic, social, physical, or behavioral health or development.
(16) "School district" means a school district organized pursuant to article 30 of title 22 that provides preschool services and is licensed pursuant to part 3 of article 5 of this title 26.5 as a preschool provider; or a board of cooperative services organized pursuant to article 5 of title 22 that provides preschool services and is licensed pursuant to part 3 of article 5 of this title 26.5 as a preschool provider.
(17) "Universal preschool services" means ten hours of preschool services per week made available, at no charge, to children in the state during the school year preceding the school year in which a child is eligible to enroll in kindergarten.
C.R.S. § 26.5-4-204 Colorado universal preschool program - created - eligibility - workforce development plan - program funding - rules
26.5-4-204. Colorado universal preschool program - created - eligibility - workforce development plan - program funding - rules. (1) There is created in the department the Colorado universal preschool program. The department shall administer the preschool program in accordance with this part 2 and shall ensure that, for the 2023-24 school year and school years thereafter, families may enroll their children in preschool providers that receive funding through the preschool program. The purposes of the preschool program are:
(a) To provide children in Colorado access to voluntary, high-quality, universal preschool services free of charge in the school year before a child enrolls in kindergarten;
(b) To provide access to additional preschool services in the school year before kindergarten eligibility for children in low-income families and children who lack overall learning readiness due to qualifying factors;
(c) To provide access to preschool services for children who are three years of age, or in limited circumstances younger than three years of age, and are children with disabilities, are in low-income families, or lack overall learning readiness due to qualifying factors; and
(d) To establish quality standards for publicly funded preschool providers that promote children's early learning and development, school readiness, and healthy beginnings.
(2) For the 2023-24 school year and each school year thereafter, subject to the availability and enrollment capacity of preschool providers, parents throughout the state may enroll their children, free of charge, in ten hours per week of publicly funded preschool services for the school year preceding the school year in which the children are eligible to enroll in kindergarten. The department, working with local coordinating organizations, shall identify and recruit preschool providers throughout the state to participate in the Colorado universal preschool program. In identifying and recruiting preschool providers, the department and local coordinating organizations shall, to the extent practicable, establish a mixed delivery system in communities throughout the state that enables parents to select preschool providers for their children from as broad a range as possible within their respective communities.
(3) (a) For the 2023-24 school year and for each school year thereafter:
(I) Subject to the availability and capacity of preschool providers, every child in the state may receive ten hours of preschool services per week, at no charge, during the school year preceding the school year in which the child is eligible to enroll in kindergarten.
(II) Pursuant to IDEA and ECEA, every child who is three or four years of age and is a child with disabilities must be offered preschool services in accordance with the child's individualized education program.
(III) Subject to available appropriations, a child who is three years of age, is not eligible to enroll in kindergarten in the next school year, and is in a low-income family or meets at least one qualifying factor may receive the number of hours of preschool services established by department rule.
(IV) Subject to available appropriations, a community in which a school district operated a district preschool program pursuant to article 28 of title 22, as it existed prior to July 1, 2023, with a waiver to serve children under three years of age, may continue to provide preschool services for the number of hours established by department rule for the same number of children under three years of age that received preschool services in the 2022-23 school year, so long as each child who receives the preschool services is in a low-income family or meets at least one qualifying factor.
, with a waiver to serve children under three years of age, may continue to provide preschool services for the number of hours established by department rule for the same number of children under three years of age that received preschool services in the 2022-23 school year, so long as each child who receives the preschool services is in a low-income family or meets at least one qualifying factor.
(V) Subject to available appropriations, a child who is in a low-income family or who meets at least one qualifying factor may receive additional preschool services for the number of hours established by department rule in the school year preceding the school year in which the child is eligible to enroll in kindergarten.
(b) Notwithstanding any provision of subsection (3)(a) of this section to the contrary:
(I) The state shall provide to each three- or four-year-old child with a disability whose parent enrolls the child in the preschool program an educational program in accordance with IDEA and ECEA and the child's individualized education program; and
(II) For a school year in which federal money is provided to the state to fund preschool, other than federal money provided through IDEA, the executive director may allocate said funding to provide the number of hours of preschool services allowed under federal law for all children defined as eligible under federal law.
(4) (a) The executive director shall adopt rules to implement the preschool program, which must include:
(I) The level of income that identifies a family as being low-income for purposes of identifying children who are three years of age or younger and are eligible for preschool services and prioritizing funding for those additional preschool services. The executive director shall, to the extent practicable, ensure that the income eligibility requirements for other publicly funded child care programs are aligned with the income level set pursuant to this subsection (4)(a)(I).
(II) The qualifying factors that a child must meet to be eligible to receive additional preschool services. The executive director shall ensure that the qualifying factors are reviewed and, as necessary, revised at least every five years. The purpose of the qualifying factors is to identify children who are at risk of entering kindergarten without being ready for school. The qualifying factors must include identification as a dual-language learner or a child with disabilities and may include such other factors as the department may identify.
(III) The number of hours of preschool services that an eligible child may receive pursuant to subsection (3)(a)(III) or (3)(a)(IV) of this section; except that the number of hours for an eligible child who is a child with disabilities is determined in accordance with IDEA, ECEA, and the child's individualized education program;
(IV) The number of hours of additional preschool services that an eligible child may receive pursuant to subsection (3)(a)(V) of this section; except that the number of hours for an eligible child who is a child with disabilities is determined in accordance with IDEA, ECEA, and the child's individualized education program;
(V) Preschool quality standards, as provided in section 26.5-4-205;
(VI) The formulas for setting the per-child rates for universal preschool services, for preschool services for children with disabilities, for preschool services for eligible children who are three years of age or younger as described in subsections (3)(a)(III) and (3)(a)(IV) of this section, and for additional preschool services, as provided in section 26.5-4-208; and
(VII) Such other rules as are required in this part 2 or as may be necessary to implement the preschool program.
or preschool services for children with disabilities, for preschool services for eligible children who are three years of age or younger as described in subsections (3)(a)(III) and (3)(a)(IV) of this section, and for additional preschool services, as provided in section 26.5-4-208; and
(VII) Such other rules as are required in this part 2 or as may be necessary to implement the preschool program.
(b) In adopting rules, the executive director shall, to the extent possible:
(I) Align all rules pertaining to funding and preschool provider requirements to facilitate combining and coordinating federal, state, preschool program, and child care funding to the greatest extent allowed under state and federal law and regulation; and
(II) Align preschool quality standards and requirements with the child care licensing requirements and licensing requirements for school district and charter school preschool programs, as provided in part 3 of article 5 of this title 26.5, to reduce conflicts and duplication.
(5) In developing a plan for recruiting, training, and retaining a well-compensated, well-prepared, high-quality statewide early childhood workforce pursuant to section 26.5-6-101, the department shall ensure that the plan specifically addresses strategies for building and supporting the preschool workforce, especially with respect to:
(a) Simplifying the process for attaining credentials, meeting qualifications, and demonstrating professional competencies;
(b) Minimizing regulatory and administrative barriers to entry, including barriers faced by individuals who speak languages other than English;
(c) Increasing diversity in the preschool workforce;
(d) Establishing goals for increasing the qualifications of preschool teachers over time, including strategies for achieving the goal of supporting increased attainment of baccalaureate degrees in early childhood or baccalaureate degrees with supplemental early learning credentials for lead teachers employed by preschool providers; and
(e) Recruiting, compensating, providing continuing professional development for, and retaining individuals in the preschool workforce, including strategies for achieving the goal of compensating those individuals at a living wage.
(6) To preserve the general assembly's historic commitment to preschool program funding, the general assembly shall appropriate to the department for the Colorado universal preschool program:
(a) For the 2023-24 fiscal year, an amount at least equal to the difference between the amount of the state share of total program calculated pursuant to article 54 of title 22 for the 2022-23 budget year, after application of the budget stabilization factor and after any mid-year adjustment, and the amount that the state share of total program, after application of the budget stabilization factor and after any mid-year adjustment, would be for the 2022-23 budget year if calculated without including the statewide preschool program enrollment, as defined in section 22-54-103, for the 2022-23 budget year and the number of three- and four-year-old pupils with disabilities receiving an educational program under the "Exceptional Children's Educational Act", article 20 of title 22, for the 2022-23 budget year.
(b) For the 2024-25 fiscal year, and each fiscal year thereafter, an amount at least equal to the amount described in subsection (6)(a) of this section increased annually by the rate of inflation.
C.R.S. § 26.5-4-205 Quality standards - evaluation - support
26.5-4-205. Quality standards - evaluation - support. (1) (a) The department shall develop and the executive director shall establish by rule the quality standards that each preschool provider must meet to receive funding through the Colorado universal preschool program. The quality standards must, at a minimum, address the issues specified in this section and must reflect national and community-informed best practices with regard to school readiness, academic and cognitive development, healthy environments, social-emotional learning, and child and family outcomes. The department and the executive director shall work with families, educators, and program administrators to review and, as necessary, revise the quality standards at least every five years to ensure the standards continue to reflect national best practices and meet the other requirements specified in this section. In developing, reviewing, revising, and adopting the quality standards, the department and the executive director shall consider, at a minimum:
(I) The quality standards established for preschool providers participating in the Colorado preschool program pursuant to article 28 of title 22, as it existed prior to July 1, 2023;
(II) Nationally accepted standards for preschool programs;
(III) The child care licensing requirements established pursuant to part 3 of article 5 of this title 26.5 with which preschool providers are required to comply; and
(IV) The need to ensure the availability of preschool services for eligible children throughout the state while maintaining the quality of the preschool providers.
(b) (I) Except as provided in subsection (1)(b)(II) of this section, the department shall ensure that each preschool provider that participates in the preschool program meets the quality standards established by rule in accordance with this section. The department may work with a local coordinating organization to ensure that a preschool provider meets the quality standards. The department may prohibit a preschool provider that fails to meet one or more of the quality standards from participating in the preschool program.
(II) If necessary to ensure the availability of a mixed delivery system within a community, the department may allow a preschool provider that does not meet the quality standards to participate in the preschool program for a limited time while working toward compliance with the quality standards; except that each preschool provider must meet all quality standards relating to health and safety as a condition of participating in the preschool program.
(2) At a minimum, the quality standards established in rule must include:
(a) The minimum numbers of contact hours of instructional services per school year for universal preschool services for preschool services provided to children three years of age and younger, and for additional preschool services. The minimum number of contact hours of instructional services established in rule for universal preschool services must not be less than three hundred sixty hours per school year.
(b) A requirement that each preschool provider provide eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability, as such characteristics and circumstances apply to the child or the child's family;
(c) The maximum allowable educator-to-child ratios and group sizes, aligned with national best practices. The department, by rule, may implement a waiver process to allow a preschool provider that implements a nationally recognized preschool program model to implement the educator-to-child ratios and group sizes that support the instructional practices of the model, so long as the preschool provider meets the national standards for the model or is accredited to provide the model.
ional best practices. The department, by rule, may implement a waiver process to allow a preschool provider that implements a nationally recognized preschool program model to implement the educator-to-child ratios and group sizes that support the instructional practices of the model, so long as the preschool provider meets the national standards for the model or is accredited to provide the model.
(d) Qualifications for preschool teachers. The quality standards must not require preschool teachers to be licensed pursuant to article 60.5 of title 22 and must allow a preschool provider to employ a nonlicensed preschool teacher as long as the teacher meets other qualifications established in department rule. The department shall work with the department of education to ensure that a preschool educator may meet the qualifications for preschool educators by demonstrating compliance with the qualifications for an early childhood teaching license endorsement provided by the department of education.
(e) Requirements for continuing professional development for teachers employed by a preschool provider, which must be focused on improving teacher-child interactions and quality of instruction, including improving fidelity in implementing evidence-based curricula and student outcomes, and may allow for training in developmentally appropriate early numeracy, language, and literacy development, and the science of reading that is appropriate for early childhood education and comparable to the training required for early grade teachers pursuant to the "Colorado READ Act", part 12 of article 7 of title 22. The department shall work with the department of education to allow, to the fullest extent possible, a teacher who is licensed by the department of education to use the professional development required to renew the teaching license to also meet the professional development requirements established by the department for teachers employed by a preschool provider.
(f) Standards for preschool services that, at a minimum, are aligned with the Colorado early learning and development guidelines across all early childhood domains approved by the early childhood leadership commission and with the Colorado academic standards adopted by the state board of education pursuant to section 22-7-1005, are culturally inclusive, and are supported by the department in implementation;
(g) Standards for instructional practice that, at a minimum, must ensure that the instructional practice implemented by preschool providers:
(I) Promotes learning through developmentally appropriate practices that include a mix of structured activities and play; and
(II) Increases and supports learning using instructional practices that build on previous learning and include a focus on age-appropriate classroom environments and ongoing informal assessments of learning;
(h) Limitations on the use of, and required procedures for, out-of-school suspension and expulsion in accordance with section 22-33-106.1. In addition, to reduce the use of exclusionary discipline, the standards must reflect best practices in early childhood mental health, including promoting access to early childhood mental health consultation.
(i) Standards for family and community engagement to ensure that the preschool provider engages with parents and neighborhood leaders in a formal and meaningful way, including seeking input for policy and programming decisions;
(j) Requirements for serving children who are dual-language learners, which must, at a minimum, include:
(I) Identifying, screening, and assessing children in their home languages;
(II) Communicating with children's parents in their home languages; and
(III) Using teaching strategies that have been shown to meet the needs of children who are dual-language learners;
y and programming decisions;
(j) Requirements for serving children who are dual-language learners, which must, at a minimum, include:
(I) Identifying, screening, and assessing children in their home languages;
(II) Communicating with children's parents in their home languages; and
(III) Using teaching strategies that have been shown to meet the needs of children who are dual-language learners;
(k) Requirements for offering voluntary vision, hearing, dental, and health screenings, and, upon parent request, referrals to appropriate health providers for children who are enrolled by a preschool provider; and
(l) Requirements for providing voluntary developmental screenings, which must, at a minimum, include the use of valid and reliable screening tools that are developmentally, culturally, and linguistically appropriate.
(3) (a) Using the procedures specified in subsection (3)(b) of this section, the department shall create a resource bank of preschool curricula for use by preschool providers. The resource bank may include only curricula that, at a minimum:
(I) Are supported by evidence that use of the curricula improves student outcomes;
(II) Are developmentally appropriate, culturally relevant, and linguistically responsive to communities being served;
(III) Promote literacy, as developmentally appropriate, based on the science of reading by providing language development, including speech sounds, vocabulary, grammar, and use, and providing developmentally appropriate instruction to support children's success in early elementary grades when receiving instruction pursuant to the "Colorado READ Act", part 12 of article 7 of title 22, in the areas of phonemic awareness; phonics; vocabulary development; reading fluency, including oral skills; and reading comprehension;
(III.5) Promote developmentally appropriate early numeracy; and
(IV) Are aligned with the Colorado early learning and development guidelines approved by the early childhood leadership commission.
(b) The department shall develop and implement a procedure for identifying the curricula it includes in the resource bank of preschool curricula. At a minimum, the procedure must include:
(I) Soliciting through public notice, accepting, and promptly reviewing curricula from preschool providers and from publishers;
(II) Evaluating the curricula that the department identifies or receives, which evaluation is based on the criteria specified in subsection (3)(a) of this section and any additional criteria specified in department rule;
(III) Providing notice to preschool providers and publishers that submit curricula concerning whether the submitted curricula was included in the resource bank and, if excluded from the resource bank, the reasons for exclusion; and
(IV) Reviewing the resource bank at least every three years to update the resource bank and add curricula when appropriate. In reviewing and updating the resource bank, the department shall, at a minimum, comply with the procedures described in subsections (3)(b)(I) to (3)(b)(III) of this section.
(c) The department shall allow preschool providers and publishers to submit curricula to the department at any time to be reviewed and considered for inclusion in the resource bank, regardless of the schedule for reviewing the resource bank. The department shall review all submitted curricula in accordance with the adopted procedures described in subsection (3)(b) of this section.
(d) The department shall make the resource bank accessible to the public through the department website.
C.R.S. § 26.5-4-206 Preschool special education services - department collaboration - memorandum of understanding
26.5-4-206. Preschool special education services - department collaboration - memorandum of understanding. (1) The department shall collaborate with the department of education through a memorandum of understanding as described in subsection (2) of this section to ensure all children with disabilities are served equitably in the Colorado universal preschool program, ensure access to classrooms that meet the individual needs of children with disabilities based on their individualized education programs, and ensure that preschool providers operate in accordance with federal and state law concerning education for preschool-age children with disabilities. In collaborating pursuant to this section, the department and the department of education shall, at a minimum:
(a) Support local implementation of best practices;
(b) Create training for preschool providers concerning the legal obligations for serving children with disabilities, including the responsibilities and obligations of administrative units specified in IDEA and ECEA; and
(c) Collaborate to ensure preschool services delivered through the preschool program to children with disabilities are delivered in compliance with IDEA and ECEA.
(2) The department and the department of education shall enter into a memorandum of understanding that, at a minimum:
(a) Defines the roles and responsibilities of both departments, administrative units as defined in section 22-20-103, and preschool providers, recognizing that the department of education is the identified agency responsible for compliance with the part B component of IDEA, as described in section 22-20-103 (4)(b);
(b) Describes data collection and sharing responsibilities in accordance with federal requirements and timelines, ensuring that all critical data can be disaggregated, while adhering to requirements for protecting personally identifiable information;
(c) Describes each department's role in helping preschool providers and communities provide inclusive, individualized, meaningful, culturally relevant, linguistically relevant, active, and participatory learning for all children with disabilities, in accordance with each child's individualized education program;
(d) Establishes procedures for holding all preschool providers accountable for providing access and supports for children with disabilities;
(e) Recommends training programs for preschool providers in working with children with disabilities;
(f) With regard to preschool program rules, establishes processes to:
(I) Ensure that preschool program requirements are in compliance with and do not conflict with IDEA and ECEA; and
(II) Ensure preschool program rules address all legal requirements for the provision of preschool services to eligible children with disabilities.
C.R.S. § 26.5-4-207 Preschool program evaluation and improvement process - independent evaluator
26.5-4-207. Preschool program evaluation and improvement process - independent evaluator. (1) The department shall develop and implement a process for continuous evaluation and improvement of preschool providers who participate in the Colorado universal preschool program. At a minimum, the process must include a requirement that preschool providers use assessment and continuous improvement strategies that:
(a) Are implemented through a coordinated system that includes the quality standards established in department rule; curriculum; professional development; developmentally appropriate, age-appropriate, and whole-child assessment that may be based on observational assessments of children's development and classroom-based teacher-child interactions; and data collection;
(b) Support both continuous program improvement and the department's independent evaluation of the preschool program as provided in subsection (2) of this section;
(c) Are designed to inform curriculum implementation, professional development, teacher supports, and resource allocation; and
(d) Are appropriate for use with young children and for the purposes for which they are used.
(2) The department shall contract with an independent evaluator to measure the success of the Colorado universal preschool program in improving the overall learning and school readiness of children who receive preschool services through the preschool program. In evaluating the success of the preschool program, the department shall ensure the independent evaluator has access to the necessary data to measure immediate and long-term child outcomes and to provide recommendations to improve teaching and learning, assess professional development inputs and outcomes, and improve teacher-child interactions. The department shall take into account the evaluations and recommendations of the independent evaluator in implementing the process for continuous evaluation and improvement described in subsection (1) of this section.
(3) The department shall communicate the evaluations and recommendations of the independent evaluator to families, communities, preschool providers, local coordinating organizations, the state board of education, and the general assembly, as appropriate, to inform and improve early childhood teaching and education and policy-making related to early childhood education.
(4) The department shall take into account the evaluations and recommendations of the independent evaluator in reviewing and revising the preschool quality standards pursuant to section 26.5-4-205; the plan for recruiting, training, and retaining a high-quality early childhood workforce pursuant to section 26.5-6-101; and the state goals for implementing the preschool program.
C.R.S. § 26.5-4-208 Preschool provider funding - per-child rates - local contribution - distribution and use of money - definitions
26.5-4-208. Preschool provider funding - per-child rates - local contribution - distribution and use of money - definitions. (1) (a) The department, in accordance with the intent specified in section 26.5-4-202 (3), shall annually establish the per-child rates for universal preschool services, for preschool services for children with disabilities, for preschool services for eligible children who are three years of age or younger as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV), and for additional preschool services. In establishing the per-child rates, the department, at a minimum, shall ensure that the per-child rate for preschool services for children with disabilities is at least equal to the greater of the per-child rate for universal preschool services or the state per pupil preschool funding rate for children with disabilities for the 2022-23 budget year, as defined in subsection (6) of this section. The department shall adopt one or more formulas for annually setting the per-child rates, which formulas must, at a minimum, take into account:
(I) The cost of providing preschool services that meet the quality standards established in department rule pursuant to section 26.5-4-205 (2);
(II) The responsibilities of the state and administrative units to meet the special education funding maintenance of effort requirements specified in IDEA;
(III) Variations in the cost of providing preschool services that result from regional differences and circumstances, which may include difficulties in achieving economies of scale in rural areas and in recruiting and retaining preschool educators; and
(IV) Variations in the cost of providing preschool services that result from the characteristics of children, which must include a child's identification as a child in a low-income family, and may include, but need not be limited to, a child's identification as a dual-language learner.
(b) In establishing the formulas described in subsection (1)(a) of this section and annually setting the per-child rates, the department must consider strategies to mitigate the effect of preschool funding on the availability of child care services for infants and toddlers within communities and areas in the state.
(c) In establishing the formula for additional preschool services, in addition to the considerations specified in subsection (1)(a) of this section, the department may consider the amount of local funding available to assist families within a community based on the community plan or available within an area that does not have a local coordinating organization. A preschool provider is prohibited from charging a fee for additional preschool services to a family that participates in the preschool program that exceeds the amount charged to families that do not receive additional preschool services.
(d) In addition to distributing funding based on the per-child rates established pursuant to subsection (1)(a) of this section, the department may by rule distribute funding to achieve a specified purpose, which may include funding for administrative units to provide special education services through the preschool program and funding for measures related to recruiting, training, and retaining preschool educators. The department may choose to distribute funding pursuant to this subsection (1)(d) only after the department allocates the amounts necessary to fund preschool services for eligible children who are three years of age or younger, up to the amounts described in subsection (3)(c) of this section, and to fully fund universal preschool services for all eligible children who enroll.
preschool educators. The department may choose to distribute funding pursuant to this subsection (1)(d) only after the department allocates the amounts necessary to fund preschool services for eligible children who are three years of age or younger, up to the amounts described in subsection (3)(c) of this section, and to fully fund universal preschool services for all eligible children who enroll.
(e) In establishing the formulas and other distribution amounts, the department shall consult with the rules advisory council, the early childhood leadership commission, and members of the early childhood community, including parents of preschool-age children, preschool educators, preschool providers, early childhood councils, school districts, charter schools, representatives of county departments of human or social services, local coordinating organizations, and individuals with financial expertise in public and private funding sources for early childhood services.
(2) Before finalizing the per-child rates in a fiscal year, the department shall:
(a) (I) Ensure that the per-child rates for universal preschool services, for preschool services for children with disabilities, and for preschool services for eligible children who are three years of age or younger as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV) meet or exceed the constitutional compliance rate for the applicable fiscal year, as described in subsection (2)(a)(II) of this section.
(II) For the 2023-24 fiscal year, the constitutional compliance rate is forty percent of the statewide base per pupil funding that the general assembly establishes in section 22-54-104 (5)(a) for the 2023-24 fiscal year. For the 2024-25 fiscal year and each fiscal year thereafter, the constitutional compliance rate is the 2023-24 fiscal year constitutional compliance rate increased annually, beginning in the 2024-25 fiscal year, by the rate of inflation.
(b) Compare the amount of funding that the per-child rates direct toward universal preschool services with the amount of funding the rates direct toward additional preschool services and prepare an analysis of the efficacy of the balance between funding for universal preschool services and additional preschool services in optimizing support for children in low-income families and children who meet qualifying factors while ensuring high-quality universal preschool services. The department shall make the analysis available to the public.
(c) Consider the impact on the level of funding for preschool providers as a result of the per-child rates and the levels of enrollment as compared to previous state fiscal years, including state fiscal years preceding the 2023-24 state fiscal year. The department may consider a specified purpose distribution as described in subsection (1)(d) of this section to reduce any impact on the level of funding for preschool providers.
level of funding for preschool providers as a result of the per-child rates and the levels of enrollment as compared to previous state fiscal years, including state fiscal years preceding the 2023-24 state fiscal year. The department may consider a specified purpose distribution as described in subsection (1)(d) of this section to reduce any impact on the level of funding for preschool providers.
(3) (a) Beginning in the 2023-24 fiscal year and for each fiscal year thereafter, the department, working with local coordinating organizations as provided in each local coordinating organization's coordinator agreement with the department, shall distribute the funding appropriated to the department for preschool services from the preschool programs cash fund and any amount received pursuant to section 26.5-4-209 (2). The department and local coordinating organizations, as applicable, shall base the amounts distributed on the per-child rates and any special purpose distributions established for the applicable fiscal year pursuant to subsection (1) of this section. At the start of each fiscal year, the department, and local coordinating organizations as applicable, shall distribute a portion of the funding to preschool providers based on the numbers and types of eligible children expected to enroll in preschool as estimated in the community plans or as estimated by the department for an area that does not have a local coordinating organization. The department and local coordinating organizations, as applicable, shall continue distributing portions of the funding periodically throughout the school year and shall adjust the amounts distributed based on the actual numbers and types of eligible children enrolled by preschool providers.
(b) The department shall ensure that funding is allocated for preschool services for eligible children who are three years of age or younger, as described in subsection (3)(c) of this section, for children with disabilities, and for all eligible children who enroll in universal preschool services before funding is allocated for additional preschool services or for specified purposes as described in subsection (1)(d) of this section. In allocating funding for additional preschool services for eligible children, the department shall first allocate funding for additional preschool services for eligible children who are in low-income families and meet at least one qualifying factor and then allocate funding for additional preschool services for the remaining eligible children who are in low-income families.
(c) (I) (A) In distributing funding for preschool services pursuant to this section for the 2023-24 fiscal year and each fiscal year thereafter, the department shall ensure that the amount of funding required to provide preschool services to all three-year-old children with disabilities who enroll in the preschool program is annually distributed to the enrolling preschool providers and the amount described in subsection (3)(c)(I)(B) of this section is distributed to provide preschool services for eligible children who are three years of age or younger, as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV).
(B) To provide services for eligible children who are three years of age or younger, the department shall annually distribute the amount allotted for the 2022-23 fiscal year to provide preschool services for children three years of age or younger through the "Colorado Preschool Program Act", article 28 of title 22, as it existed prior to July 1, 2023, calculated as an amount equal to the number of children three years of age or younger enrolled by each school district for the 2022-23 fiscal year multiplied by the per pupil funding, as described in section 22-54-104 (3) or (3.5), whichever is applicable, for the enrolling school district for the 2022-23 fiscal year.
chool Program Act", article 28 of title 22, as it existed prior to July 1, 2023, calculated as an amount equal to the number of children three years of age or younger enrolled by each school district for the 2022-23 fiscal year multiplied by the per pupil funding, as described in section 22-54-104 (3) or (3.5), whichever is applicable, for the enrolling school district for the 2022-23 fiscal year.
(II) The department and local coordinating organizations, as applicable, shall distribute the funding for preschool services for children who are three years of age or younger as described in subsection (3)(c)(I)(B) of this section only to preschool providers that are school districts or charter schools for the eligible children who are three years of age and younger whom the school district or charter school enrolls in accordance with the preschool program; except that, in a fiscal year in which the general assembly specifically appropriates an amount to provide preschool services for children three years of age or younger who do not have disabilities that exceeds the amount described in subsection (3)(c)(I)(B) of this section, the department may distribute in accordance with the applicable community plans all or any portion of the excess appropriation amount to community-based preschool providers. A school district may distribute all or a portion of the amount received pursuant to this subsection (3)(c)(II) to a head start agency or community-based preschool provider that provides preschool services pursuant to a contract with the school district.
(III) Notwithstanding any provision of subsection (3)(c)(I) of this section to the contrary, in a fiscal year in which the amount described in subsection (3)(c)(I)(B) of this section to fund preschool services for children who are three years of age or younger is more than is required to fully fund the number of said eligible children who actually enroll for preschool services, the department may distribute the excess amount to fund universal preschool services, additional preschool services, or special purpose distributions in accordance with this section.
(IV) In a fiscal year in which the amount described in subsection (3)(c)(I)(B) of this section to fund preschool services for children who are three years of age or younger is less than is required to fully fund the number of said eligible children who actually enroll for preschool services, the department shall first provide funding for the eligible children with disabilities and eligible children who are in low-income families and meet at least one qualifying factor and then provide funding for the remaining eligible children who are in low-income families. If any amount of the appropriation described in subsection (3)(c)(I)(B) of this section remains, the department, working with the rules advisory council, the local coordinating organizations, and any other interested persons, shall establish the priority for distributing the funding among the remaining eligible children.
(4) Repealed.
(5) A preschool provider that receives funding distributed pursuant to this section shall use the money only to pay the costs of providing preschool services directly to eligible children enrolled by the preschool provider or by a subcontracted preschool provider as authorized for a school district in subsection (3)(c)(II) of this section. Costs of providing preschool services include:
(a) Teacher and paraprofessional salaries and benefits;
(b) The cost of providing to teachers and paraprofessionals any professional development activities associated with the preschool services;
(c) The costs incurred in purchasing supplies and materials used in providing the preschool services;
(d) Any additional costs that a preschool provider would not have incurred but for the services provided in conjunction with the preschool services; and
s;
(b) The cost of providing to teachers and paraprofessionals any professional development activities associated with the preschool services;
(c) The costs incurred in purchasing supplies and materials used in providing the preschool services;
(d) Any additional costs that a preschool provider would not have incurred but for the services provided in conjunction with the preschool services; and
(e) A reasonable allocation of overhead costs as provided by department rule.
(6) As used in this section, unless the context otherwise requires:
(a) "District extended high school pupil enrollment" has the same meaning as provided in section 22-54-103.
(b) "Funded pupil count" means the funded pupil count as determined pursuant to article 54 of title 22.
(c) "Online pupil enrollment" has the same meaning as provided in section 22-54-103.
(d) "State average per pupil funding amount" means the total of the per pupil funding amounts, as described in section 22-54-104 (3) or (3.5), for all school districts in the state as calculated for the 2022-23 budget year divided by the total number of school districts, then multiplied by fifty percent.
(e) "State per pupil preschool funding rate for children with disabilities for the 2022-23 budget year" means an amount equal to the state's share percentage of statewide total program funding for all school districts calculated pursuant to the "Public School Finance Act of 1994", article 54 of title 22, for the 2022-23 budget year multiplied by the state average per pupil funding amount for the 2022-23 budget year.
C.R.S. § 26.5-4-209 Preschool programs cash fund - created - use - repeal
26.5-4-209. Preschool programs cash fund - created - use - repeal. (1) (a) The preschool programs cash fund is created in the state treasury. The fund consists of money credited to the fund pursuant to section 24-22-118 (2), money transferred to the fund pursuant to section 39-28-116 (6), and any additional money the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the preschool programs cash fund to the fund. The general assembly shall annually appropriate money in the preschool programs cash fund to the department to implement the preschool program.
(b) (Deleted by amendment, L. 2023.)
(2) In addition to the money appropriated from the fund, the department may seek, accept, and expend public and private gifts, grants, and donations to implement the preschool program.
(3) (a) The department shall prioritize the use of money appropriated from the preschool programs cash fund to provide funding for ten hours of voluntary preschool services per week, at no charge, to Colorado children during the school year preceding the school year in which a child is eligible to enroll in kindergarten, to provide funding for preschool services for children with disabilities, and to provide funding for preschool services for eligible children who are three years of age or younger as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV).
(b) The department may use the remaining money annually appropriated from the preschool programs cash fund after the uses described in subsection (3)(a) of this section to provide additional preschool services for children who are in low-income families or who meet at least one qualifying factor.
(4) In furtherance of the purposes set forth in subsection (3) of this section and to meet an expansion of preschool populations, in addition to the use described in subsection (3)(b) of this section, the department may use the remaining money annually appropriated from the preschool programs cash fund after meeting the uses described in subsection (3)(a) of this section to ensure the availability of quality, voluntary preschool services provided through a mixed delivery system by means the department deems appropriate, including:
(a) Recruiting, training, and retaining early childhood education professionals;
(b) Expanding or improving the staff, facilities, equipment, technology, and physical infrastructure of preschool providers to increase preschool access;
(c) Parent and family outreach to facilitate timely and effective enrollment; and
(d) Such other uses as are consistent with and further the purpose of the preschool program.
(5) The department may use money appropriated from the preschool programs cash fund for the administrative costs of local coordinating organizations.
(5.5) The general assembly shall not appropriate the full balance of the preschool programs cash fund prior to the start of a state fiscal year. The unappropriated balance in the preschool programs cash fund at the start of the fiscal year is the reserve. The department may submit a request for a supplemental appropriation from the preschool programs cash fund reserve to the joint budget committee pursuant to section 2-3-208 (3)(a) and (3)(b)(II).
(6) (a) and (b) Repealed.
(c) On April 1, 2024, the state treasurer shall transfer three million two hundred seventy-five thousand dollars from the unexpended and unencumbered money in the preschool programs cash fund to the information technology capital account in the capital construction fund created in section 24-75-302 (3.7). This subsection (6)(c) is repealed, effective February 1, 2025.
C.R.S. § 26.5-4-210 Reporting
26.5-4-210. Reporting. (1) Beginning with the hearing held in January of 2025 as part of the annual hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, the department shall report on the implementation and effectiveness of the Colorado universal preschool program in the preceding fiscal year. At a minimum, the report must include:
(a) The number of eligible children served by preschool providers, specifying:
(I) The number of eligible children who received only universal preschool services;
(II) The number of eligible children with disabilities who received preschool services;
(III) The number of eligible children three years of age and younger who received preschool services;
(IV) The number of eligible children who received additional preschool services;
(V) The number and percentage of eligible children enrolled in the preschool program who were in low-income families and who met one or more qualifying factors, including identifying the qualifying factors that were met; and
(VI) The demographics of the eligible children enrolled in the preschool program, including, but not limited to, race, ethnicity, disability, and income;
(b) The number of children who were eligible to receive funding for additional preschool services but did not due to insufficient funding and the amount that would have fully funded additional preschool services for all eligible children;
(c) The number of eligible children who did not enroll in preschool providers;
(d) The extent to which a mixed delivery system of preschool providers is available and the enrollment capacity of the mixed delivery system throughout the state;
(e) The amount of funding distributed to preschool providers through the preschool program, in total and disaggregated by communities with local coordinating organizations and areas of the state that do not have local coordinating organizations;
(f) The per-child rates established pursuant to section 26.5-4-208 (1) for universal preschool services, preschool services for children with disabilities, preschool services for eligible children who are three years of age or younger, and additional preschool services for the fiscal year with an explanation of the formulas for determining the per-child rates;
(g) Of the amount appropriated from the preschool programs cash fund, the amount, expressed as a dollar amount and a percentage of the total appropriation, that:
(I) Was distributed to fund universal preschool services;
(II) Was distributed to fund preschool services for children with disabilities;
(III) Was distributed to fund preschool services for eligible children three years of age and younger;
(IV) Was distributed to fund additional preschool services;
(V) Was distributed for specified purposes pursuant to section 26.5-4-208 (1)(d) with an explanation of each specified purpose and the preschool providers or communities that received the distributions;
(VI) Is attributable to each weighting factor, if any, included in the formulas created pursuant to section 26.5-4-208 (1); and
(VII) Was spent on administrative expenses of the department and each local coordinating organization;
(h) The number of eligible children for whom additional preschool services or other full-day preschool services were provided using resources other than the money distributed through the preschool program and the sources of those resources;
(i) Quantitative data, and qualitative data if available, including student outcomes to the extent they are available, demonstrating the effectiveness of the preschool program in improving the overall learning and school readiness of children who receive preschool services through the preschool program, including the results of the independent evaluation conducted pursuant to section 26.5-4-207 (2);
) Quantitative data, and qualitative data if available, including student outcomes to the extent they are available, demonstrating the effectiveness of the preschool program in improving the overall learning and school readiness of children who receive preschool services through the preschool program, including the results of the independent evaluation conducted pursuant to section 26.5-4-207 (2);
(j) The changes, if any, in the availability of child care for infants and toddlers, statewide and within communities or areas, following implementation of the preschool program;
(k) Any other information that indicates the effectiveness of the preschool program in serving eligible children throughout the state; and
(l) Any recommendations for legislative or regulatory changes to improve the effectiveness of the preschool program.
(2) The department may request and local coordinating organizations and preschool providers shall provide information as necessary for the department to prepare the report described in subsection (1) of this section.
(3) The department shall annually publish on the department website the information provided in the report described in subsection (1) of this section.
C.R.S. § 26.5-4-211 Colorado universal preschool program provider participation bonus program - report - rules - definitions - repeal
26.5-4-211. Colorado universal preschool program provider participation bonus program - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Colorado state-run preschool program" means the Colorado preschool program administered pursuant to article 28 of title 22 as it existed prior to July 1, 2023.
(b) "Colorado universal preschool program application portal" means the system the department administers to operate and track the public's participation in the Colorado universal preschool program administered pursuant to this part 2.
(c) "Colorado universal preschool program provider participation bonus program" or "bonus program" means the Colorado universal preschool program provider participation bonus program created in subsection (2) of this section.
(d) "Eligible recipient" means a preschool provider participating in the Colorado universal preschool program created pursuant to section 26.5-4-204 that has signed a provider agreement and is in good standing with the department.
(e) "Low-capacity preschool area" means a community with insufficient Colorado universal preschool programming capacity to meet the demand of parents in the preschool area who wish to enroll the parents' children.
(2) There is created in the department the Colorado universal preschool program provider participation bonus program. The purpose of the bonus program is to:
(a) Increase preschool provider participation in the Colorado universal preschool program to ensure that all children have access to a universal preschool classroom in their communities;
(b) Strengthen the mixed delivery system by supporting preschool providers that have not previously participated in the Colorado state-run preschool program; and
(c) Preserve access to infant and toddler care.
(3) (a) The department shall establish and make publicly available a process for soliciting, vetting, awarding, and monitoring payments under the bonus program that aligns with the purposes of the Colorado universal preschool program. The department shall post the process on the department's website.
(b) The executive director may promulgate rules, as necessary, for the implementation of the program.
(c) (I) An eligible recipient must receive a bonus payment if the eligible recipient has registered with the Colorado universal preschool program application portal to participate in the Colorado universal preschool program by August 31, 2023, and has not previously participated in the Colorado state-run preschool program.
(II) An eligible recipient may receive additional bonus payments if the eligible recipient:
(A) Is licensed to provide care to infants and toddlers and is in good standing with the department; and
(B) Maintains or increases the eligible recipient's licensed capacity to serve infants and toddlers between April 1, 2022, and April 1, 2024.
(III) Subject to available appropriations, the department shall further distribute bonus payments to an eligible recipient located in a low-capacity preschool area that registers with the Colorado universal preschool program application portal to participate in the Colorado universal preschool program.
(4) An eligible recipient awarded a bonus payment pursuant to this section shall use the bonus payment to implement or support the Colorado universal preschool program or maintain or expand infant and toddler care in this state.
(5) (a) On or before September 1, 2023, the department shall calculate the number of eligible recipients that applied for a bonus payment pursuant to subsection (3)(c) of this section and, based on available appropriations, determine an amount for the bonus payment.
ayment to implement or support the Colorado universal preschool program or maintain or expand infant and toddler care in this state.
(5) (a) On or before September 1, 2023, the department shall calculate the number of eligible recipients that applied for a bonus payment pursuant to subsection (3)(c) of this section and, based on available appropriations, determine an amount for the bonus payment.
(b) All bonus payments must be distributed to eligible recipients that qualify pursuant to subsection (3)(c) of this section for a bonus payment on or before June 30, 2024.
(6) On or before September 1, 2024, the department shall submit a report to the joint budget committee summarizing the following:
(a) The number of eligible recipients that received a bonus payment;
(b) The types of eligible recipients that received a bonus payment pursuant to subsection (3)(c) of this section;
(c) The amount of each bonus payment; and
(d) The number of bonus payments awarded pursuant to subsections (3)(c)(I), (3)(c)(II), and (3)(c)(III) of this section, respectively.
(7) This section is repealed, effective July 1, 2025.
C.R.S. § 26.5-4-301 Legislative declaration
26.5-4-301. Legislative declaration. (1) The general assembly finds and declares that:
(a) All children in the year before they are eligible to enroll in kindergarten should have access to social-emotional and academic supports that are important for school readiness;
(b) The state should provide a wide range of choices for families to access kindergarten readiness supports, including the option for online kindergarten readiness programs; and
(c) To receive state funding, an online kindergarten readiness program should demonstrate strong evidence of effectiveness in teaching a diverse array of children, provide evidence-based online curriculum, incorporate family engagement, and undergo periodic evaluation to measure effectiveness in preparing children to learn in kindergarten.
(2) The general assembly therefore finds that, to best serve all families, it is appropriate for the state to support an online kindergarten readiness pilot program as a choice for parents who seek to access academic and readiness support services for their children in the year preceding kindergarten eligibility.
C.R.S. § 26.5-4-302 Online kindergarten readiness pilot program - created - survey - provider selection - funding
26.5-4-302. Online kindergarten readiness pilot program - created - survey - provider selection - funding. (1) There is created in the department the online kindergarten readiness pilot program, referred to in this part 3 as the "pilot program", to provide funding for a voluntary, online kindergarten readiness program that serves children in the year before eligibility for kindergarten enrollment. The purposes of the pilot program are to:
(a) Help ensure that, in the year before eligibility for kindergarten enrollment, children receive personalized, online support in reading, mathematics, and science that is developmentally appropriate;
(b) Provide training for parents and other family members to help them assist their children in learning; and
(c) Raise the level of kindergarten readiness for all children, including children who are in low-income families.
(2) The department shall conduct a statewide survey to determine the number of families who would be interested in participating in the pilot program. The department shall compile and submit the results of the survey by December 1, 2022, to the joint budget committee of the general assembly and the office of state planning and budgeting.
(3) (a) The department shall issue a request for information for a provider to make an online kindergarten readiness program available to families statewide. At a minimum, a provider must demonstrate:
(I) The ability to provide technology to families that choose to participate in the online program but do not have the appropriate technology to be able to do so;
(II) The use of a curriculum that is developmentally appropriate and evidence based and has demonstrated effectiveness in preparing children to learn in kindergarten;
(III) Strong evidence of the effectiveness of the provider's online kindergarten readiness program overall in preparing children to learn in kindergarten and in developing strong social-emotional skills in children who participate in the program; and
(IV) An effective plan for recruiting families from diverse backgrounds in all geographic areas of the state to voluntarily enroll in the program.
(b) By May 1, 2023, based on the responses to the request for information, the department, subject to available appropriations for the 2023-24 fiscal year, may select and contract with a single provider to provide an online kindergarten readiness program. At a minimum, the contract must require the provider to provide statewide notice of the availability of the online kindergarten readiness program and begin enrolling families, free of charge, for the 2023-24 school year.
C.R.S. § 26.5-4-303 Reporting
26.5-4-303. Reporting. (1) Beginning with the hearing held in January of 2025, as part of the annual hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, the department shall report on the implementation of the pilot program, including:
(a) The number of children enrolled in the pilot program for the preceding fiscal year;
(b) The number and percentage of children enrolled in the preschool program who were in low-income families and who met one or more of the qualifying factors established in department rule pursuant to section 26.5-4-204 (4)(a)(II), including identifying the qualifying factors that were met;
(c) The demographics of the children enrolled in the pilot program, including, but not limited to, race, ethnicity, disability, and income;
(d) Quantitative and, to the extent available, qualitative data, including student outcomes to the extent they are available, demonstrating the effectiveness of the pilot program in improving the overall learning and kindergarten readiness of children enrolled in the pilot program; and
(e) Any additional information necessary to determine the effectiveness of the pilot program in preparing children to learn in kindergarten.
(2) The department may request and the provider shall provide information as necessary for the department to prepare the report described in subsection (1) of this section.
(3) The department shall annually publish on the department website the information provided in the report described in subsection (1) of this section.
C.R.S. § 26.5-4-304 Repeal of part
26.5-4-304. Repeal of part. This part 3 is repealed, effective July 1, 2029.
C.R.S. § 26.5-4-401 Definitions
26.5-4-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Abuse" means physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
(2) "Coach" means a person employed or volunteering as a coach, manager, or supervisor of a youth athletic activity but does not include occasional assistance with or support of the youth athletic activity by a person, including the action of other volunteers or employees of the youth sports organization in a passing, general, or nominal manner.
(3) (a) "Youth sports organization" means a private for-profit or not-for-profit organization that, as part of its core function, provides persons who are less than eighteen years of age the opportunity to participate in scheduled competitive or recreational sporting activities, whether individually or as a team, but does not include a sporting activity that is incidental to a nonathletic program or lesson.
(b) "Youth sports organization" does not include:
(I) A neighborhood youth organization, as defined in section 26.5-5-303;
(II) A public or private school serving any of grades kindergarten through twelve;
(III) A licensed child-care facility;
(IV) A public or private institution of higher education; or
(V) An organization that merely provides the opportunity to participate in an unsupervised, unscheduled competitive or recreational sporting event on a walk-in basis.
C.R.S. § 26.5-4-402 Organized youth athletic activities - abuse prevention training
26.5-4-402. Organized youth athletic activities - abuse prevention training. (1) (a) Starting July 1, 2025, each youth sports organization shall require each coach to annually complete mandatory reporter training that adheres to the recommendations of the mandatory reporter training task force pursuant to section 19-3-304.2.
(b) Each youth sports organization shall encourage each coach to annually complete an abuse prevention training program that includes the following:
(I) Prohibited conduct by coaches;
(II) Appropriate one-on-one interactions between players and coaches;
(III) How to recognize and appropriately respond to and prevent behaviors that violate the prohibited conduct policy developed pursuant to subsection (2) of this section; and
(IV) How to respond to disclosures of sexual abuse, child abuse, or reports of behaviors violating the prohibited conduct policy developed pursuant to subsection (2) of this section in a supportive and appropriate manner that meets the mandated reporting requirements pursuant to Colorado statutes.
(2) (a) (I) Each youth sports organization shall develop a prohibited conduct policy relating to youth athletic activities.
(II) The prohibited conduct policy must include:
(A) A list of prohibited conduct by parents, spectators, coaches, and athletes and a mandatory reporting policy for adults who have knowledge of an act of prohibited conduct; and
(B) A code of conduct for parents, spectators, coaches, and athletes to follow.
(III) A youth sports organization may adopt the model code of conduct policy made available by the department pursuant to section 26.5-1-117.
(b) Each youth sports organization shall require each of its coaches to comply with the prohibited conduct policy developed pursuant to subsection (2)(a) of this section.
(3) Each youth sports organization shall post the notice created pursuant to section 6-1-736 on its website, and if the youth sports organization does not have a website, it shall provide the notice to the parents and legal guardians of each participant.
C.R.S. § 26.5-4-403 Background checks required
26.5-4-403. Background checks required. (1) (a) A youth sports organization operating in the state of Colorado shall require all coaches to obtain, prior to starting work, a criminal history record check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681, et seq., and that discloses, at a minimum, sexual offenses and felony convictions and includes a social security number trace and a search of the Colorado judicial public records access system. The criminal history record check must ascertain to the extent possible whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401; a felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9); or a comparable offense committed in any other state.
(b) A youth sports organization shall not hire a coach if a criminal history record check of the person performed pursuant to subsection (1)(a) of this section shows that the person has been convicted of, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for felony child abuse as specified in section 18-6-401; a felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9); or any comparable offense committed in any other state.
(2) A youth sports organization may rely on the results of a criminal history record check when making hiring and employment decisions and is immune from civil liability unless the youth sports organization knows the information is false or acts with reckless disregard concerning the veracity of such information.
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