Local Infrastructure - Early Childhood Programs and Services

C.R.S. tit. 26.5, art. 2

in effect

C.R.S. § 26.5-2-101 Legislative declaration

26.5-2-101. Legislative declaration. (1) The general assembly finds and declares that: (a) Local entities are best positioned to understand the varying needs for early childhood programs and services that arise in the widely diverse communities throughout the state; and (b) Each community requires leadership by local entities that, alone or in partnership with the state, can coordinate the resources available within the community with state resources to provide the type and level of early childhood and family support programs and services each community requires. (2) The general assembly finds, therefore, that, to best serve the families and children in all communities throughout the state, the department shall select and work with local coordinating organizations in communities throughout the state to support access to and equitable delivery of early childhood and family support programs and services, identify gaps in service, foster partnerships, create alignment among the public and private providers and agencies within the community that serve families and children, and establish a comprehensive, locally supported plan for providing early childhood and family support programs and services equitably within the community.

C.R.S. § 26.5-2-102 Definitions

26.5-2-102. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Colorado universal preschool program" or "state preschool program" means the Colorado universal preschool program created in part 2 of article 4 of this title 26.5. (2) "Coordinator agreement" means the agreement that the department enters into with a local coordinating organization as described in section 26.5-2-105. (3) "Head start agency" means the local public or private nonprofit agency designated by the federal department of health and human services to operate a head start program under the provisions of Title V of the federal "Economic Opportunity Act of 1964", as amended. (4) "Local and tribal agencies" means county departments of human or social services and agencies of an Indian tribe that have responsibility for funding for early childhood and family support programs and services, school districts, charter schools that participate in the state preschool program, and head start agencies. (5) "Local coordinating organization" means an entity selected by the department pursuant to section 26.5-2-103 to support access to and equitable delivery of early childhood and family support programs and services in specified communities throughout the state. (6) "Mixed delivery system" has the same meaning as provided in section 26.5-4-203. (7) "Preschool provider" has the same meaning as provided in section 26.5-4-203. (8) "Preschool services" means preschool services provided through the state preschool program in the school year preceding kindergarten eligibility to children who are four or five years of age and preschool services provided through the state preschool program to a limited number of children who are three years of age or younger.

C.R.S. § 26.5-2-103 Local coordinating organization - applications - selection - rules

26.5-2-103. Local coordinating organization - applications - selection - rules. (1) The department shall solicit applications from local public entities and Colorado-based nonprofit organizations to serve as local coordinating organizations in communities throughout the state. Entities that may submit applications include, but are not limited to, county or municipal government agencies, school districts, boards of cooperative services, early childhood councils, family resource centers, special taxing districts, head start grantees, local nonprofit organizations, charter school networks and collaboratives, and other public institutions. Entities may apply singly or in partnership with other entities within the community. The solicitation and selection of entities to serve as local coordinating organizations are not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. (2) An entity that seeks to serve as a local coordinating organization must apply to the department in accordance with department rules, if any, procedures, and timelines. At a minimum, the application must include: (a) The proposed boundaries of the community within which the applicant would serve as the local coordinating organization for early childhood and family support programs and services provided to children and families within the community. The department may require, and shall work with the applicant to ensure, that the applicant's proposed boundaries align with one or more areas that the department identifies as a community. In identifying communities and establishing community boundaries throughout the state, the department shall ensure that a school district is not included in more than one community without the prior approval of the school district board of education expressed in an approved board resolution. (b) Evidence that the applicant has the support of the local early childhood community in applying to serve as the local coordinating organization, which must include the support of families, providers, early childhood councils, local and tribal agencies, school districts, charter schools, and local governments within the community; (c) The applicant's plan to coordinate with, at a minimum, the following entities within the proposed community: (I) Administrative units, as defined in section 22-20-103, which remain responsible for overseeing implementation of the part B component of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; (II) Early childhood councils; (III) Head start agencies; (IV) Family resource centers, as defined in section 26.5-3-102; and (V) County departments of human or social services in providing child care services through the Colorado child care assistance program established in part 1 of article 4 of this title 26.5 and other family support programs and services; (d) The applicant's proposed operating model for meeting the duties and responsibilities of a local coordinating organization, including, at a minimum, the applicant's personnel capacity and a proposed budget that reflects the anticipated operating and overhead costs and sources of funding; and m established in part 1 of article 4 of this title 26.5 and other family support programs and services; (d) The applicant's proposed operating model for meeting the duties and responsibilities of a local coordinating organization, including, at a minimum, the applicant's personnel capacity and a proposed budget that reflects the anticipated operating and overhead costs and sources of funding; and (e) If the applicant is a preschool provider, the applicant's plan for ensuring that serving as the local coordinating organization does not result in an unfair advantage to the applicant with regard to allocations of preschool funding generally or in coordinating with the other preschool providers in the community to ensure the availability of a mixed delivery system and the allocation of funding among preschool providers based on parent choice. (3) An applicant may include in the application a proposal for shared responsibility with the department for distributing and administering public funding within the community, in which case the applicant must include in the application the applicant's history of and experience with distributing and administering public funding. (4) The department, in accordance with department rules, if any, and procedures, shall review each application received pursuant to this section and select local coordinating organizations for communities throughout the state, ensuring that, to the extent possible, every family in the state resides within a community for which a local coordinating organization is selected. In selecting local coordinating organizations from among the applications received, the department shall, at a minimum, evaluate: (a) The applicant's capacity to support families in applying for applicable early childhood and family support programs and services; (b) The applicant's capacity to equitably recruit preschool providers to participate in the Colorado universal preschool program and provide preschool services through a mixed delivery system that, to the fullest extent practicable, accommodates parent choice; (c) The demonstrated level of support for the applicant within the local early childhood community, the feasibility and quality of the applicant's plan to coordinate with other entities within the proposed community, and the applicant's history, if any, of coordinating with those entities; and (d) The quality and efficiency of the applicant's proposed operating model and the likelihood that the applicant will have the capacity, experience, and support to successfully fulfill the responsibilities and duties of a local coordinating organization. (5) The executive director may promulgate rules and the department shall adopt procedures and timelines as necessary to implement this part 1, including adopting a process for receiving and reviewing applications that results in the initial selection of local coordinating organizations as soon as practicable after April 25, 2022. The department shall enter into a coordinator agreement with each local coordinating organization in accordance with section 26.5-2-105. Before the termination or conclusion of a coordinator agreement, the department shall solicit applications for a local coordinating organization for the affected community pursuant to this section and may re-select the same entity to serve as a local coordinating organization.

C.R.S. § 26.5-2-104 Local coordinating organization - community plan - duties

26.5-2-104. Local coordinating organization - community plan - duties. (1) (a) Each local coordinating organization shall adopt a community plan that fosters equitable access for families to, and robust participation by providers in, early childhood and family support programs and services by increasing access to, coordinating, and allocating funding for said programs and services within the community. The community plan must, at a minimum, address: (I) The manner in which the local coordinating organization will assist families in applying for early childhood and family support programs and services and in enrolling children with early care and education providers; (II) The manner in which the local coordinating organization will coordinate with county departments, as defined in section 26.5-4-103, and tribal agencies: (A) To integrate outreach for early childhood and family support programs and services with other efforts to provide holistic services for families, including food, cash assistance, and health care; and (B) To facilitate access to family support programs and services in support of county child welfare services, including implementation of the federal "Family First Prevention Services Act of 2018", as defined in section 26-5-101 (4.5); (III) The manner in which the local coordinating organization will recruit and work with providers to ensure that families' needs for school- and community-based preschool providers, child care, and other early childhood services within the community are met to the fullest extent possible; (IV) The method by which the local coordinating organization will ensure that a mixed delivery system of school- and community-based preschool providers, based on parental choice, is available within the community, including identifying the existing school- and community-based preschool providers in the community and establishing goals and benchmarks for increasing the availability of preschool providers as necessary to be responsive to family preferences; (V) A plan for working with early care and education providers to increase recruitment and retention of individuals in the early care and education workforce and to increase compensation for those individuals, with the goal of providing a living wage; (VI) A plan for coordinating the school- and community-based preschool providers that are available within the community with the other available early childhood and family support programs and services for children who enroll in the preschool providers and their families; (VII) A plan for collaborating with other local coordinating organizations to provide families access to early childhood and family support programs and services delivered by providers in other communities; (VIII) A plan for the allocation of funding among school- and community-based preschool providers and other early care and education providers in the community, with the goal of maximizing the use of funding to meet community needs, including the need for full-day services; (IX) If the local coordinating organization shares responsibility with the state for distributing public funding, the manner in which it will, in coordination with local and tribal agencies, ensure that, to the extent possible, the public funding available to families is combined and coordinated to seamlessly provide early childhood and family support programs and services; (X) The local coordinating organization's plan and strategies for identifying, soliciting, and securing, as feasible, additional local resources and funding to support early childhood and family support programs and services in the community; and le, the public funding available to families is combined and coordinated to seamlessly provide early childhood and family support programs and services; (X) The local coordinating organization's plan and strategies for identifying, soliciting, and securing, as feasible, additional local resources and funding to support early childhood and family support programs and services in the community; and (XI) The manner in which the local coordinating organization, in accordance with department requirements, will ensure transparency within the community concerning the amount of money available for and used to support early childhood and family support programs and services from all sources, including local property tax and sales tax and the maintenance of effort for child care assistance provided by county departments of human or social services within the community. (b) Notwithstanding subsection (1)(a) of this section, the initial community plan that a local coordinating organization creates may be limited to addressing participation in the Colorado universal preschool program and the needs for, access to, and allocation of funding for school- and community-based preschool providers. With subsequent revisions of the plan, the local coordinating organization shall address the provision and coordination of additional early childhood and family support programs and services in the community as provided in subsection (1)(a) of this section in collaboration with local and tribal agencies. (c) Each local coordinating organization shall submit the initial community plan to the department pursuant to department rules, if any, procedures, and timelines. The department shall review the community plan and may require changes before approving the community plan as provided in section 26.5-2-105. (d) Each local coordinating organization shall regularly review and revise the community plan to ensure the plan continues to accurately reflect the early childhood and family support programs and services within the community and is relevant and effective in meeting families' needs for early childhood and family support programs and services. In creating, reviewing, and revising the community plan, the local coordinating organization shall solicit and take into account input from families, providers, members of the early childhood and family support workforce, local early childhood councils, local and tribal agencies, local governments, and the business community within the community. The local coordinating organization shall resubmit the community plan to the department following each review. Revisions to the community plan are subject to approval by the department as provided in section 26.5-2-105. (2) Each local coordinating organization shall implement the community plan and shall: (a) Coordinate the program application and enrollment process for early childhood programs for both families and providers and across all participating entities within the community to facilitate the greatest practicable degree of family access to early childhood and family support programs; (b) Subject to the availability and enrollment capacity of preschool providers in the community, provide universal access, in alignment with family choice, to high-quality school- and community-based preschool providers within the community for children in the year before eligibility for kindergarten; (c) Manage a mixed delivery system of preschool providers; ildhood and family support programs; (b) Subject to the availability and enrollment capacity of preschool providers in the community, provide universal access, in alignment with family choice, to high-quality school- and community-based preschool providers within the community for children in the year before eligibility for kindergarten; (c) Manage a mixed delivery system of preschool providers; (d) Allocate, in coordination with local and tribal agencies, when applicable, local early childhood funding and state preschool program funding to public and private providers within the community, based on the community plan, and ensure, to the greatest extent possible, that children who, pursuant to department rules adopted in accordance with section 26.5-4-204 (4)(a), are in low-income families and meet qualifying factors are prioritized, as directed by the department, to receive early childhood and family support programs and services; (e) Support and ensure the availability of high-quality early childhood care and education for all children, including supporting access to training and support for members of the early childhood workforce; (f) Support early childhood caregivers who are exempt from licensing pursuant to part 3 of article 5 of this title 26.5 in accessing family resources and resources related to health and safety, early childhood development, and workforce development; (g) Increase over time the capacity of high-quality early child care and education programs within the community to better meet family and community needs; (h) Support public and private providers in recruiting, developing, and retaining within the community a quality early childhood workforce that is culturally and linguistically relevant to the community; (i) Work with providers in the community to ensure the collection and reporting to the department of key systems level data, as required by department rules, in a manner that minimizes duplication and the burden on families and providers and ensures compliance with all applicable privacy protections; (j) Work in coordination with local county departments, as defined in section 26.5-4-103, and tribal agencies and local community-based organizations to integrate outreach for early childhood and family support programs and services with other efforts to provide holistic services for families, including food, cash assistance, and health care; (k) Comply with department rules, if any, in implementing the community plan and the duties described in this section; (l) Comply with any statutory auditing requirements that apply to the local coordinating organization or, if the local coordinating organization is not otherwise required by statute to undergo an annual financial audit, contract for the performance of an annual financial audit of the operations of the local coordinating organization by an independent auditor; and (m) Comply with any other provisions included in the coordinator agreement entered into between the local coordinating organization and the department pursuant to section 26.5-2-105 (1)(b). (3) Each local coordinating organization shall work with entities within the community, including, at a minimum, the entities specified in section 26.5-2-103 (2)(c), to implement the community plan, which may include subcontracting or partnering with or otherwise delegating responsibility to one or more public or private entities. The local coordinating organization remains responsible to the department for implementing the community plan, meeting the goals specified in the community plan and the coordinator agreement, and meeting any additional requirements imposed by this part 1, by part 2 of article 4 of this title 26.5 concerning the Colorado universal preschool program, by department rule, or by the coordinator agreement.

C.R.S. § 26.5-2-105 Department duties - coordinator agreements - review

26.5-2-105. Department duties - coordinator agreements - review. (1) To support and provide oversight for the statewide system of local coordinating organizations, the department shall: (a) Select entities to serve as local coordinating organizations in communities throughout the state as provided in section 26.5-2-103; (b) Enter into a coordinator agreement with each local coordinating organization that is partially based on the community plan and that specifies the respective duties of the local coordinating organization and the department in implementing the community plan and in meeting the requirements specified in this part 1, in part 2 of article 4 of this title 26.5 concerning the Colorado universal preschool program, and in department rule. The coordinator agreements are not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. The term of the initial coordinator agreement for a local coordinating organization is three years, and subsequent coordinator agreements must have terms of at least three but not more than five years, as determined by the department. The coordinator agreement, at a minimum, must include: (I) Expectations, targets, and benchmarks, in alignment with statewide goals for the provision of early childhood and family support programs and services in Colorado, that the local coordinating organization is expected to meet in implementing the community plan and how the department and the local coordinating organization will measure success in meeting the expectations, targets, and benchmarks; (II) If the local coordinating organization is a preschool provider, expectations that the local coordinating organization must meet in ensuring the availability of a mixed delivery system within the community that supports equitable parent choice and in ensuring that the organization is not unfairly advantaged in allocating funding among preschool providers based on parent choice; (III) Expectations that the local coordinating organization must meet with regard to coordinating with entities within the community, including the entities specified in section 26.5-2-103 (2)(c); (IV) The amount of administrative costs that the local coordinating organization receives from the department and other identified sources during the term of the coordinator agreement; and (V) The manner in which the local coordinating organization will provide accountability and transparency concerning the amount and payment of administrative expenses and, if the local coordinating organization is distributing or administering public money, the distribution and use of the public money. (c) Review and approve the community plan created by each local coordinating organization, including revisions of the community plan, as provided in section 26.5-2-104 (1). Before approving a community plan, the department may return the plan to the local coordinating organization with changes to ensure the community plan is feasible, meets the requirements specified in section 26.5-2-104 (1), and is aligned with the statewide goals for the provision of early childhood and family support programs and services in Colorado. (d) Distribute and administer public funding for early childhood and family support programs and services in accordance with community plans and in coordination with local and tribal agencies, when applicable; except that the department may delegate all or a portion of the responsibility for distributing and administering public funding to a local coordinating organization through the organization's coordinator agreement; ster public funding for early childhood and family support programs and services in accordance with community plans and in coordination with local and tribal agencies, when applicable; except that the department may delegate all or a portion of the responsibility for distributing and administering public funding to a local coordinating organization through the organization's coordinator agreement; (e) Support local coordinating organizations by providing funding, training and technical assistance, which may be provided online, and, upon request, collaborative support and assistance in implementing the community plans. The department shall prioritize communities, including rural communities, that lack funding and capacity to receive the funding and supports described in this subsection (1)(e). (f) Review the operations of each local coordinating organization, including the local coordinating organization's compliance with the coordinator agreement and implementation of the community plan, as provided in subsection (3) of this section; and (g) Identify successful strategies and innovations implemented by local coordinating organizations throughout the state and provide information, including by posting information on the department website, to assist local coordinating organizations in replicating and adapting the strategies and innovations in their communities. (2) Notwithstanding the requirements imposed on local coordinating organizations pursuant to section 26.5-2-104 (2), if necessary to enable an organization to develop its capacity to serve as a local coordinating organization, the department may specify in the organization's coordinator agreement the degree to which the organization must meet the requirements specified in section 26.5-2-104 (2), with the expectation that the organization must fully meet the requirements within a reasonable time, as determined by the department. (3) (a) The department shall implement a review process established in department rule by which the department at least annually reviews the performance of each local coordinating organization in serving its community, including implementing the approved community plan; fulfilling the duties specified in section 26.5-2-104, including providing a mixed delivery system of preschool providers; and complying with the coordinator agreement. In implementing the review process, the department shall, at a minimum: (I) Collaborate with the local coordinating organization to establish in the coordinator agreement expectations, targets, and benchmarks for implementing the approved community plan to ensure the plan is implemented with fidelity and the local coordinating organization is making progress toward achieving the statewide goals for the provision of early childhood and family support programs and services set by the department; (II) Measure the local coordinating organization's attainment of the expectations, targets, and benchmarks and recommend improvements and changes, including revisions to the community plan, as appropriate, to assist the local coordinating organization in improving performance; (III) Ensure that the local coordinating organization is complying with the requirements specified in the coordinator agreement and with statutory and regulatory requirements and department guidelines, including requirements and guidelines concerning distribution and administration of funding, if the local coordinating organization is responsible for distributing and administering funding, and data collection and sharing, in implementing the approved community plan and overseeing and coordinating early childhood and family support programs within the community; and nts and department guidelines, including requirements and guidelines concerning distribution and administration of funding, if the local coordinating organization is responsible for distributing and administering funding, and data collection and sharing, in implementing the approved community plan and overseeing and coordinating early childhood and family support programs within the community; and (IV) Solicit input from families, providers, members of the early childhood workforce, local and tribal agencies, local governments, the entities specified in section 26.5-2-103 (2)(c), and other interested persons within the community concerning the performance of the local coordinating organization. (b) If the department at any time determines that the local coordinating organization is not meeting the requirements of the coordinator agreement or is not performing at the level required to successfully implement the community plan and to ensure that the community substantially meets local and statewide goals for the provision of early childhood and family support programs and services, the department may terminate the local coordinating organization's coordinator agreement and implement the application process for selecting a new local coordinating organization for the community as provided in section 26.5-2-103. (c) The department and a local coordinating organization may, at any time, amend the coordinator agreement or the community plan to change the role of the local coordinating organization or other aspects of the oversight of early childhood and family support programs and services within the community. (4) (a) For any area within the state for which a local coordinating organization is not selected or for which the local coordinating organization is not fully capable of implementing all aspects of the community plan, the department shall work with the local coordinating organization, if any, and the families, providers, local governments, and local and tribal agencies in the area, as necessary, to oversee and coordinate the availability and provision of early childhood and family support programs and services within the area until such time as a local coordinating organization is selected or is deemed capable of implementing all aspects of the community plan. At a minimum, the department shall: (I) Assist families in applying for early childhood and family support programs and services and in enrolling children with early care and education providers; (II) Ensure, to the extent practicable, that an equitable mixed delivery system of preschool providers is available within the area, which may include contracting with providers for the delivery of preschool services; (III) Combine and coordinate child care resources and funding, in coordination with local and tribal agencies, in order to create a full day of services for as many children as possible; and (IV) Allocate, distribute, and administer state funding and coordinate with local and tribal agencies and local governments to allocate, combine, and distribute local funding for early childhood and family support programs and services within the area. (b) The department may enter into an agreement with the local coordinating organization for another community to assist in fulfilling the duties described in subsection (4)(a) of this section. e funding and coordinate with local and tribal agencies and local governments to allocate, combine, and distribute local funding for early childhood and family support programs and services within the area. (b) The department may enter into an agreement with the local coordinating organization for another community to assist in fulfilling the duties described in subsection (4)(a) of this section. (c) In an area identified pursuant to subsection (4)(a) of this section, the department shall provide training, assistance, and funding to entities in the area, which may include local and tribal agencies, local governments, and nonprofit organizations, to develop the capacity for one or more of the entities to serve as the local coordinating organization for the area. As soon as practicable, the department shall solicit applications as provided in section 26.5-2-103 for an entity to serve as the local coordinating organization for the area. (5) The executive director shall establish by rule a process by which an applying entity that is not selected to act as a local coordinating organization, or a local coordinating organization for which the coordinating agreement is terminated, may appeal the decision of the department.

C.R.S. § 26.5-2-201 Legislative declaration

26.5-2-201. Legislative declaration. (1) The general assembly finds and declares that there is a critical need to increase services for young children and their families, including those families with members who are entering the workforce due to Colorado's reform of the welfare system, making the transition off of welfare, or needing child care assistance to avoid the welfare system. The statewide need includes increasing and sustaining the quality, accessibility, capacity, and affordability of services for children and their parents to help parents raise their children to be successful at school, at work, and in the community. (2) Research demonstrates that there are positive outcomes for young children and their families who receive quality, integrated child care and related services in their early, preschool years, delivered through a comprehensive early childhood system that includes quality care and education, family support, health, and mental health programs. (3) Providers of half-day preschool and full-day child care services have to overcome barriers and inflexible requirements of the various sources of funding in order to design and implement programs that are more responsive to the needs of working families. (4) Consideration of various state and federal funding sources would allow for an integrated delivery system of quality programs for young children and their families in Colorado's communities. (5) An integrated delivery system would further enhance the ability of the department to identify the best practices relative to increasing and sustaining quality and to meeting the diverse needs of families seeking child care and other early childhood services. (6) Distinctly local needs and conditions require that the state design and integrate a system that has the flexibility to adapt to those local needs. (7) It is therefore in the state's best interest to establish a comprehensive system of early childhood councils to increase and sustain the availability, accessibility, capacity, and quality of early childhood services throughout the state, as provided in this part 2.

C.R.S. § 26.5-2-202 Definitions

26.5-2-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Council" or "early childhood council" means an early childhood council identified or established locally in communities throughout the state pursuant to section 26.5-2-203 or 26.5-5-102 for the purpose of developing and ultimately implementing a comprehensive system of early childhood services to ensure the school readiness of children five years of age or younger in the community. (2) "County department" means the county or district department of human or social services. (3) "Early childhood education program" means a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that provides child care and education to children five years of age or younger.

C.R.S. § 26.5-2-203 Early childhood councils - established - rules

26.5-2-203. Early childhood councils - established - rules. (1) There is established a statewide integrated system of early childhood councils to improve and sustain the availability, accessibility, capacity, and quality of early childhood services for children and families throughout the state. The councils have consistent function and structure statewide and are governed by the department with input, cooperation, and support services from the departments of human services, education, and public health and environment. (2) The statewide system of early childhood councils consists of existing early childhood councils, renamed through this part 2 as "early childhood councils", and new councils designated and convened pursuant to this part 2, subject to available appropriations. (3) For new councils or for existing councils or partnerships that decide to reconfigure pursuant to this part 2, the board or boards of county commissioners shall designate a convening entity, which may include but is not limited to a local resource and referral agency, a county department of human or social services, a local school district, a department of public health, or, prior to July 1, 2023, a Colorado preschool program council. The convening entity may convene a council either as part of a single county or as part of a multi-county regional network. (4) The executive director shall determine by rule the criteria necessary for establishing a single council for an area. (5) Nothing in this part 2 requires an existing council to reconfigure or reconvene. (6) Nothing in this part 2 requires a county to establish an early childhood council or to be a part of a multicounty council.

C.R.S. § 26.5-2-204 Early childhood councils - applications - rules

26.5-2-204. Early childhood councils - applications - rules. (1) A newly established or newly identified council shall submit to the department an application to become part of the statewide system of early childhood councils. The department shall develop and distribute the application form and criteria and an explanation of the process for joining the statewide system of early childhood councils. The department shall provide support for the preparation of applications. (2) A new council shall designate on its application the following information: (a) The intended service area; (b) The counties to be involved in the council; (c) Participating mandatory stakeholders; (d) The entity that serves as the original fiscal agent for the council; and (e) The signatures of the chair or chairs of the board or boards of county commissioners for the counties involved in the council, the legal signatory for the counties, and the president of a school district board of education involved in the council. (3) An existing early childhood council seeking to be newly identified as a council shall designate on its application a restatement of the following information: (a) The designated service area; (b) Current members; (c) Any additional stakeholders required to meet the membership requirements of section 26.5-2-205; (d) The designated fiscal agent; and (e) Signatures of the current organization leadership, the fiscal agent, the chair or chairs of the board or boards of county commissioners of the counties involved in the council, and the president of a school district board of education involved in the council. (4) Each council shall develop a strategic plan based upon an assessment of the early childhood needs in the designated service area that includes: (a) A council infrastructure, including a plan for hiring a council director; (b) A technical assistance plan and an annual budget for developing a local early childhood system and infrastructure to improve and coordinate early childhood services; and (c) A plan for evaluating program performance and council process and effectiveness as it relates to the council's strategic plan. (5) The executive director shall promulgate rules to define the standards for acceptance of applications made pursuant to this section. Acceptance of an application is automatic if the application is complete, the signatures are in order, and it meets the standards set forth by the executive director pursuant to this subsection (5).

C.R.S. § 26.5-2-205 Early childhood councils - membership

26.5-2-205. Early childhood councils - membership. (1) To the extent practicable, each council must be representative of the various public and private stakeholders in the local community who are committed to supporting the well-being of children five years of age or younger. (2) For the purposes of this part 2, each council, whether newly established in a community or newly identified to serve as a council, shall work toward consolidating and coordinating funding, including the school-readiness quality improvement funding described in section 26.5-5-102. Together, the councils throughout the state shall serve to create a seamless system of early childhood services representing collaboration among the various public and private stakeholders for the effective delivery of early childhood services to children five years of age or younger in a manner that is responsive to local needs and conditions. (3) (a) Each new council consists of members to be approved initially by the convening entity as designated pursuant to section 26.5-2-203. Each individual council shall determine subsequent appointments and rules for rotation of terms. (b) Early childhood council membership must include representatives from the public and private stakeholders from early care and education, family support, health, and mental health programs who reflect local needs and cultural diversity. The membership of each early childhood council must also represent the geographic diversity within the county or counties involved in the council. Each council must include a minimum of ten members with representation from each of the following stakeholder groups within the council's service area: (I) Local government, including but not limited to county commissioners, city council members, local school district board members, and local county departments of human or social services; (II) Early care and education, including but not limited to licensed and legally exempt child care providers, head start grantees, and district preschool programs operating pursuant to article 28 of title 22, as it existed prior to July 1, 2023; (III) Health care, including but not limited to local public health agencies; health-care providers; supplemental food programs for women, infants, and children as provided for in 42 U.S.C. sec. 1786; early periodic screening and diagnosis and treatment programs as required by federal law; and part B and part C of the federal "Individuals with Disabilities Education Improvement Act of 2004", 20 U.S.C. sec. 1400 et seq., as amended; (IV) Parents of children five years of age or younger; (V) Mental health care, including but not limited to community mental health centers and local mental health-care providers; (VI) Resource and referral agencies, including but not limited to child care resource and referral agencies; and (VII) Family support and parent education, including but not limited to home visitation programs, family resource centers, and income assistance programs. (c) In addition, each council may include, but is not limited to, representation from any combination of the following stakeholder groups within the council's service area: (I) Child care associations; (II) Medical and dental professionals; (III) School district parent organizations; (IV) Head start policy councils; (V) A chamber or chambers of commerce; (VI) Local businesses; (VII) Faith-based and nonprofit organizations; (VIII) Higher education institutions; and (IX) Libraries. (4) Each member of a council shall sign a memorandum of understanding on behalf of the organization the member represents to participate in and collaborate on the work of the council.

C.R.S. § 26.5-2-206 Early childhood councils - duties

26.5-2-206. Early childhood councils - duties. (1) Each early childhood council has, at a minimum, the following duties and functions: (a) To apply for early childhood funding pursuant to section 26.5-2-207; (b) To increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for children five years of age or younger and their parents. To this end, each council shall develop and execute strategic plans to respond to local needs and conditions. (c) To establish a local system of accountability to measure local progress based on the needs and goals set for program performance; (d) To report annually the results of the accountability measurements defined in subsection (1)(c) of this section; (e) To select a fiscal agent to disburse funds and serve as the employer of the council director, once hired. The fiscal agent may or may not be a county. (f) To develop and implement a strategic plan as described in section 26.5-2-204 (4), including a comprehensive evaluation and report; and (g) To actively attempt to inform and include small or under-represented early childhood service providers in early childhood council activities and functions.

C.R.S. § 26.5-2-207 Early childhood councils - waivers - rules - funding - application

26.5-2-207. Early childhood councils - waivers - rules - funding - application. (1) A local council may request a waiver of any rule that would prevent a council from implementing council projects. The local council shall submit the request to the early childhood leadership commission created in part 3 of article 1 of this title 26.5. The early childhood leadership commission shall consult with the affected state agency in reviewing the request. The department or other affected state agency shall grant waivers upon recommendation by the commission. (2) (a) The executive director shall promulgate rules to develop and distribute to councils the application form and application process to be used by each council seeking to receive council infrastructure, quality improvement, technical assistance, and evaluation funding from the early childhood cash fund created in section 26.5-2-209 and other funding sources appropriated for early childhood services. (b) The department shall, upon receipt, review applications for early childhood funding from the early childhood cash fund established in section 26.5-2-209 and other funding sources appropriated for early childhood services. (c) The department is authorized to enter into a sole-source contract with any council to increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for young children and their parents.

C.R.S. § 26.5-2-208 Evaluation

26.5-2-208. Evaluation. (1) No later than March 1, 2010, the department shall, through a request for proposals process, contract with a qualified individual or entity to prepare an independent evaluation of the system of early childhood councils to determine the effectiveness of the system in serving children and families throughout the state. The evaluation must be completed no later than October 1, 2010, and must be repeated every three years thereafter. (2) The evaluation must include the following: (a) An aggregate evaluation of local evaluation plan data as integrated and analyzed by the department, including an evaluation of the overall program performance and council process and effectiveness; (b) An evaluation of state program performance, including the efficiency and effectiveness of the department in meeting the needs of the councils; (c) An evaluation of the feasibility of combining the funding sources available pursuant to this part 2; (d) An evaluation of the barriers to delivery of quality early childhood services; and (e) An evaluation of the impact of waivers issued pursuant to section 26.5-2-207.

C.R.S. § 26.5-2-209 Early childhood cash fund - creation

26.5-2-209. Early childhood cash fund - creation. (1) There is created in the state treasury the early childhood cash fund, referred to in this part 2 as the "fund", that consists of such money as may be appropriated to the fund by the general assembly and credited to the fund pursuant to subsection (2) of this section. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this part 2. (2) The department is authorized to seek, accept, and expend gifts, grants, or donations from private and public sources for the purposes of this part 2. All private and public money received through gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the fund. The money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with the implementation of this part 2. (3) Any money in the fund not expended for the purposes of this part 2 may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund must be credited to the fund. (4) The department may expend up to, but not exceeding, five percent of the money annually appropriated from the fund to offset the costs incurred in implementing this part 2. (5) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.

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