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HOUSE BILL 26-1282
BY REPRESENTATIVE(S) Phillips and Goldstein, Bacon, Boesenecker,
Duran, Hamrick, Joseph, Lindsay, Nguyen, Paschal, Ricks, Story, Valdez,
McCluskie;
also SENATOR(S) Mullica, Amabile, Benavidez, Bridges, Daugherty,
Exum, Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Roberts, Rodriguez,
Wallace, Coleman.
CONCERNING THE ELIMINATION OF DUPLICATIVE REGULATION OF SCHOOL
DISTRICT CHILD CARE CENTERS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. ( 1) The general assembly
finds that:
(a) Colorado school districts provide comprehensive educational and
enrichment opportunities to students through before-and after-school-age
programs;
(b) Colorado Revised Statutes and rules adopted by the Colorado
state board of education require the Colorado department of education and
other state agencies to extensively regulate and oversee school district
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
operations, including fire and radon inspections, playground equipment, and
staff training;
(c) Regulation of a school district's before-and after-school-age
programs by the Colorado department of education, the Colorado
department of early childhood, and other state agencies has resulted in
duplicative and contradictory requirements, including, but not limited to:
(I) Conflicting restrictions on playground equipment; and
(II) Duplicative fire and radon inspections; and
( d) The duplicative and conflicting regulations for a school district's
before-and after-school-age programs significantly increase administrative
costs, delay staff onboarding, restrict student access and program capacity,
and create confusion for students and families without improving student
health or safety or program quality.
(2) Therefore, the general assembly declares it is necessary and
appropriate that before-and after-school-age programs operated by a school
district not be subject to conflicting or duplicative regulations from the
Colorado department of education and the Colorado department of early
childhood.
SECTION 2. In Colorado Revised Statutes, 26.5-5-309, amend
(3)(b) as follows:
26.5-5-309. Licenses -rules -definition -appropriation -repeal.
(3) (b) (I) A child care center that provides child care exclusively to
school-age children and operates on the property of a school district, district
charter school, or institute charter school may satisfy any fire or radon
inspection requirement required by law by providing a copy of a satisfactory
fire or radon inspection report of the property of a school district, district
charter school, or institute charter school where the child care is provided
if the fire or radon inspection report was completed within the preceding
twelve months. The department shall not require a duplicate fire or radon
inspection if a satisfactory fire or radon inspection report of the property
was completed within the preceding twelve months.
PAGE 2-HOUSE BILL 26-1282
(II) A CHILD CARE CENTER THAT PROVIDES CHILD CARE EXCLUSIVELY
TO SCHOOL-AGE CHILDREN AND OPERA TES ON THE PROPERTY OF A SCHOOL
DISTRICT, DISTRICT CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL MAY
SATISFY ANY STAFF TRAINING OR MINIMUM SQUARE FOOT AGE OF FLOOR
SPACE PER CHILD REQUIREMENTS REQUIRED BYLAW BY PROVIDING TO THE
DEPARTMENT DOCUMENTED EVIDENCE OF COMPLIANCE WITH
SUBSTANTIALLY SIMILAR REQUIREMENTS IMPOSED BY THE COLORADO
DEPARTMENT OF EDUCATION, EXCEPT THAT, IF THE REQUIREMENTS OR
MONITORING OF THOSE REQUIREMENTS IMPOSED BY THE COLORADO
DEPARTMENT OF EDUCATION DO NOT MEET ANY APPLICABLE REQUIREMENTS
OF ANY FEDERAL GRANTS-IN-AID ADMINISTERED BY THE DEPARTMENT, THE
DEPARTMENT SHALL REQUIRE THE CHILD CARE CENTER TO MEET ANY
APPLICABLE MINIMUM REQUIREMENTS OF THE FEDERAL GRANTS-IN-AID.
SECTION 3. In Colorado Revised Statutes, 26.5-5-314, amend
(2)(e)(III) as follows:
26.5-5-314. Standards for facilities and agencies - rules -
definition.
(2) The standards prescribed by department rules are restricted to:
( e) (III) The department shall require an annual inspection of
playground facilities on the property where a child care center operates. For
purposes of a playground facility inspection, the department shall accept as
satisfactory proof of valid certification of the playground facility,
certification, or a copy of certification, from an individual OR ENTITY who
is licensed or certified to perform playground safety inspections through the
national recreation and park association, or other nationally recognized
playground facility safety organization, INCLUDING, BUT NOT LIMITED TO, A
PUBLIC HEAL TH AGENCY. The department shall not require a duplicate
inspection if a satisfactory inspection report was completed within the
preceding twelve months.
SECTION 4. In Colorado Revised Statutes, 26.5-5-313, add (7) as
follows:
26.5-5-313. Applications -materials waivers -appeals -rules.
(7) THE DEPARTMENT SHALL REVIEW THE WAIVER PROCESS
PAGE 3-HOUSE BILL 26-1282
REQUIRED BY THIS SECTION AND THE PROCESS FOR APPEALS FILED PURSUANT
TO SECTION 26.5-5-314 (5) AT LEAST ANNUALLY.
SECTION 5. Effective date. This act takes effect July 1, 2026.
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 4-HOUSE BILL 26-1282
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
Ju~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
Jared S. P
GOVERN
PAGE 5-HOUSE BILL 26-1282
ames Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
Ui ~\..M.. \ St 2-01/41 ~ 1z.:~~
ate and Time)
OF COLORADO