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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0397.02 Anna Petrini x5497 SENATE BILL 26-019
Senate Committees House Committees
Education
A BILL FOR AN ACT
CONCERNING CHANGES TO LOCAL EARLY CHILDHOOD101
INFRASTRUCTURE , AND , IN CONNECTION THEREWITH ,102
EXPANDING THE RESPONSIBILITIES AND FUNCTIONS OF EARLY103
CHILDHOOD COUNCILS TO INCLUDE CERTAIN RESPONSIBILITIES104
AND FUNCTIONS FORMERLY PERFORMED BY LOCAL105
COORDINATING ORGANIZATIONS AND IMPOSING NEW106
ACCOUNTABILITY REQUIREMENTS.107
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
SENATE
3rd Reading Unamended
February 12, 2026
SENATE
Amended 2nd Reading
February 11, 2026
SENATE SPONSORSHIP
Ball and Bright, Amabile, Bridges, Coleman, Cutter, Exum, Gonzales J., Jodeh, Kipp,
Kirkmeyer, Marchman, Michaelson Jenet, Rodriguez, Simpson, Wallace
HOUSE SPONSORSHIP
Sirota and Gonzalez R.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Current law establishes a statewide integrated system of early
childhood councils (councils) to improve and sustain the availability,
accessibility, capacity, and quality of early childhood services. The bill
expands the powers, functions, and responsibilities of a council in
implementing a comprehensive system of early childhood and family
support programs and services (programs and services) within the
council's community.
Current law establishes local coordinating organizations (LCOs)
to increase access to, coordinate, and allocate funding for programs and
services through work with the families, program and service providers,
and local governments in a community and with the department of early
childhood (department). Effective July 1, 2026, the bill repeals provisions
authorizing the creation and operation of LCOs and transfers the LCO
rights, powers, duties, functions, and obligations concerning supporting
access to and delivery of programs and services to the councils.
Current law requires a council to develop a strategic plan based
upon an assessment of the early childhood needs in the council's
designated service area (strategic plan). The bill requires a strategic plan
to address specified issues, including:
! Assisting families in applying for programs and services;
! Coordinating outreach efforts with other councils, county
departments of human or social services, school districts,
local and regional service providers, and tribal agencies;
! Recruiting and coordinating providers to form a mixed
delivery system that promotes family choice; and
! Supporting increased recruitment and retention of
individuals in the early care and education workforce.
The bill requires a council, in partnership with the department, to
create, review, and revise a scope of work that reflects the strategic plan
and accurately represents the programs and services within the
community, meets families' needs, and aligns with available
appropriations and the department's statewide strategic planning process.
Associated accountability metrics must also be reviewed and revised to
align with the scope of work. The bill specifies a council's new
obligations regarding monitoring and working to increase the availability
of high-quality programs and services, supporting access to early
childhood workforce training and other recruitment and retention efforts,
data sharing agreements, integrated outreach for holistic family services,
and auditing.
The bill establishes requirements for an agreement that sets forth
the respective duties of a council and the department in implementing a
strategic plan (agreement). The bill specifies the process for review and
approval of and revisions to a scope of work or strategic plan and
identifies the department's responsibilities for the coordinated distribution
of public funding for programs and services; council training and
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technical assistance; dissemination of information about successful
council strategies and innovations; and standards for communication,
resolution of disputes, and contracting protocols. The bill modifies the
process for the department to approve or facilitate a waiver of the rules
for the implementation of council projects.
The bill requires the department to implement an annual
performance review process for each council and solicit community
feedback about a council's performance at intervals ranging from 3 to 5
years. If the department determines that a council is not meeting the
requirements of the scope of work and accountability metrics contained
in the agreement, the department may require the council to implement a
performance improvement plan. If a council fails to make substantial
progress toward addressing the issues raised in the performance
improvement plan, the department may terminate the council's agreement.
The bill makes substantive and technical conforming amendments
to address the reallocation of responsibilities and functions from LCOs
to councils, including administrative and funding provisions related to the
Colorado child care assistance program and the Colorado universal
preschool program.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 26.5-2-106 as2
follows:3
26.5-2-106. Repeal of part.4
THIS PART 1 IS REPEALED, EFFECTIVE JULY 1, 2026.5
SECTION 2. In Colorado Revised Statutes, amend 26.5-2-2026
as follows:7
26.5-2-202. Definitions.8
As used in this part 2, unless the context otherwise requires:9
(1) "A CCOUNTABILITY METRICS " MEANS THE ACCOUNTABILITY10
METRICS INCLUDED IN AN AGREEMENT TO MEASURE A COUNCIL 'S11
PERFORMANCE.12
(2) "A GREEMENT" MEANS THE AGREEMENT OR CONTRACT13
DESCRIBED IN SECTION 26.5-2-206 THAT THE DEPARTMENT ENTERS INTO14
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WITH AN EARLY CHILDHOOD COUNCIL AND THAT CONTAINS A SCOPE OF1
WORK AND ACCOUNTABILITY METRICS.2
(3) "C OMMUNITY STRATEGIC PLAN " MEANS A COMPREHENSIVE3
PLAN DEVELOPED PURSUANT TO SECTION 26.5-2-204 TO ADDRESS THE4
EARLY CHILDHOOD NEEDS IN A DESIGNATED SERVICE AREA.5
(1) (4) "Council" or "early childhood council" means an early6
childhood council identified or established locally in communities7
throughout the state pursuant to section 26.5-2-203 or 26.5-5-102 for the8
purpose of developing and ultimately implementing a comprehensive9
system of early childhood services to ensure the school readiness of10
children five years of age or younger UNDER SIX YEARS OLD in the11
community.12
(2) (5) "County department" means the county or district13
department of human or social services.14
(6) "EARLY CHILDHOOD AND FAMILY SUPPORT PROGRAM" MEANS15
ANY PROGRAM ACROSS DISCIPLINES THAT SERVES CHILDREN UNDER SIX16
YEARS OLD AND THEIR FAMILIES.17
(3) (7) "Early childhood education program" means a child care18
program licensed pursuant to part 3 of article 5 of this title 26.5 that19
provides child care and education to children five years of age or younger20
UNDER SIX YEARS OLD.21
(4) (8) "Fund" means the early childhood cash f und created in22
section 26.5-2-209 (1).23
(9) "MIXED DELIVERY SYSTEM" HAS THE MEANING SET FORTH IN24
SECTION 26.5-4-203.25
(10) " P ERFORMANCE IMPROVEMENT PLAN " MEANS A PLAN26
DEVELOPED BY THE DEPARTMENT PURSUANT TO SECTION 26.5-2-208.527
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THAT AN EARLY CHILDHOOD COUNCIL MUST IMPLEMENT IF THE COUNCIL1
IS NOT MEETING THE REQUIREMENTS OF THE SCOPE OF WORK AND2
ACCOUNTABILITY METRICS CONTAINED IN THE AGREEMENT.3
4
SECTION 3. In Colorado Revised Statutes, 26.5-2-203, amend5
(1) as follows:6
26.5-2-203. Early childhood councils - established - rules.7
(1) There is established a statewide integrated system of early8
childhood councils to COORDINATE, improve, and sustain the availability,9
accessibility, capacity, and quality of COMPREHENSIVE early childhood10
services for children and families throughout the state. The councils have11
consistent function and structure statewide and are governed by the12
department with input, cooperation, and support services from the13
departments DEPARTMENT of human services, INCLUDING THE14
BEHAVIORAL HEALTH ADMINISTRATION , AND THE DEPARTMENTS OF15
HIGHER EDUCATION, HEALTH CARE POLICY AND FINANCING, education, and16
public health and environment.17
SECTION 4. In Colorado Revised Statutes, 26.5-2-204, add (4.5)18
as follows:19
26.5-2-204. Early childhood councils - applications -20
community strategic plans - rules.21
(4.5) (a) BEGINNING ON OR BEFORE JULY 1, 2026, A COMMUNITY22
STRATEGIC PLAN DEVELOPED PURSUANT TO SUBSECTION (4) OF THIS23
SECTION MUST FOSTER ACCESS FOR FAMILIES TO , AND ROBUST24
PARTICIPATION BY PROVIDERS IN , EARLY CHILDHOOD AND FAMILY25
SUPPORT PROGRAMS AND SERVICES AND MUST ADDRESS ACCESSIBILITY26
AND QUALITY IMPROVEMENTS THAT ARE CONSISTENT WITH THE EARLY27
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CHILDHOOD COLORADO FRAMEWORK.1
(b) THE COMMUNITY STRATEGIC PLAN MUST INCLUDE:2
(I) THE MANNER IN WHICH THE COUNCIL WILL ASSIST FAMILIES IN3
ACCESSING REFERRALS AND RESOURCES FOR EARLY CARE AND4
EDUCATION, IN APPLYING FOR EARLY CHILDHOOD AND FAMILY SUPPORT5
PROGRAMS AND SERVICES , AND IN ENROLLING CHILDREN WITH EARLY6
CARE AND EDUCATION PROVIDERS;7
(II) THE MANNER IN WHICH THE COUNCIL WILL COORDINATE WITH8
OTHER ENTITIES , INCLUDING , BUT NOT LIMITED TO , OTHER COUNCILS ,9
COUNTY DEPARTMENTS , SCHOOL DISTRICTS , LOCAL AND REGIONAL10
SERVICE PROVIDERS , AND TRIBAL AGENCIES TO INTEGRATE OUTREACH11
EFFORTS;12
(III) T HE MANNER IN WHICH THE COUNCIL WILL RECRUIT AND13
COORDINATE WITH PROVIDERS TO ENSURE THAT FAMILIES CAN CHOOSE14
AMONG PROVIDERS , WITHIN THE MIXED DELIVERY SYSTEM IN THE15
COUNCIL'S SERVICE AREA , THAT PARTICIPATE IN PUBLICLY FUNDED16
PROGRAMS, INCLUDING THE COLORADO UNIVERSAL PRESCHOOL PROGRAM17
AND THE COLORADO CHILD CARE ASSISTANCE PROGRAM; AND18
(IV) A PLAN FOR FACILITATING ACCESS TO WORKFORCE TRAINING19
AND EDUCATION FOR SERVICE PROVIDERS AND FOR IDENTIFYING AND20
IMPLEMENTING RECRUITMENT AND RETENTION STRATEGIES.21
(c) THE COMMUNITY STRATEGIC PLAN MAY INCLUDE:22
(I) THE MANNER IN WHICH THE COUNCIL WILL FACILITATE ACCESS23
TO EARLY CHILDHOOD AND FAMILY SUPPORT PROGRAMS AND HOLISTIC24
SERVICES THAT INCLUDE FOOD , CASH ASSISTANCE , HEALTH CARE , AND25
COUNTY CHILD WELFARE SERVICES , AS DEFINED IN SECTION 26-5-101,26
INCLUDING IMPLEMENTATION OF THE FEDERAL "FAMILY FIRST27
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PREVENTION SERVICES ACT OF 2018"; AND1
(II) THE COUNCIL'S STRATEGIES FOR IDENTIFYING AND SECURING,2
AS FEASIBLE, ADDITIONAL LOCAL RESOURCES AND FUNDING TO SUPPORT3
EARLY CHILDHOOD AND FAMILY SUPPORT PROGRAMS AND SERVICES IN THE4
COMMUNITY.5
SECTION 5. In Colorado Revised Statutes, 26.5-2-206, amend6
(1)(f); repeal (1)(c); and add (2), (3), (4), and (5) as follows:7
26.5-2-206. Early childhood councils - duties.8
(1) Each early childhood council has, at a minimum, the following9
duties and functions:10
(c) To establish a local system of accountability to measure local11
progress based on the needs and goals set for program performance;12
(f) To develop and implement a COMMUNITY strategic plan as13
described in section 26.5-2-204 (4), including a comprehensive evaluation14
and report SECTION 26.5-2-204 AND REGULARLY SHARE INFORMATION15
ABOUT PROGRESS ON ACCOUNTABILITY METRICS WITH THE DEPARTMENT;16
and17
(2) (a) B EGINNING ON OR BEFORE JULY 1, 2026, A COUNCIL , IN18
PARTNERSHIP WITH THE DEPARTMENT, SHALL CREATE A SCOPE OF WORK19
FOR THE COUNCIL AND ANNUALLY REVIEW THE SCOPE OF WORK AND20
REVISE IT IF NECESSARY.21
(b) CONTEMPORANEOUSLY WITH REVIEWING THE SCOPE OF WORK,22
THE COUNCIL, IN PARTNERSHIP WITH THE DEPARTMENT, SHALL ANNUALLY23
REVIEW ACCOUNTABILITY METRICS ASSOCIATED WITH THE SCOPE OF24
WORK, AND REVISE THEM IF NECESSARY, TO ENSURE THEY ALIGN WITH THE25
REVISED SCOPE OF WORK.26
(3) BEGINNING ON OR BEFORE JULY 1, 2026, EACH COUNCIL SHALL,27
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CONSISTENT WITH THE COUNCIL 'S SCOPE OF WORK , IMPLEMENT ITS1
COMMUNITY STRATEGIC PLAN.2
(4) EACH COUNCIL SHALL:3
(a) S UPPORT THE AVAILABILITY OF HIGH -QUALITY EARLY4
CHILDHOOD CARE AND EDUCATION FOR ALL CHILDREN , INCLUDING5
SUPPORTING ACCESS TO TRAINING AND SUPPORT FOR MEMBERS OF THE6
EARLY CHILDHOOD WORKFORCE IN ALL SETTINGS, INCLUDING INFORMAL7
OR LICENSE-EXEMPT PROVIDERS;8
(b) MONITOR THE AVAILABILITY OF HIGH-QUALITY EARLY CHILD9
CARE AND EDUCATION PROGRAMS WITHIN THE COMMUNITY , AND , AS10
APPROPRIATE, WORK TO INCREASE THAT AVAILABILITY OVER TIME TO11
BETTER MEET FAMILY AND COMMUNITY NEEDS;12
(c) S UPPORT PUBLIC AND PRIVATE PROVIDERS IN RECRUITING ,13
DEVELOPING, AND RETAINING WITHIN THE COMMUNITY A QUALITY EARLY14
CHILDHOOD WORKFORCE;15
(d) WORK WITH PROVIDERS IN THE COMMUNITY AND ENTER INTO16
DATA-SHARING AGREEMENTS AS NECESSARY TO ENSURE THE COLLECTION17
AND REPORTING OF ACCOUNTABILITY METRICS TO THE DEPARTMENT, AS18
REQUIRED BY DEPARTMENT RULES , IN A MANNER THAT MINIMIZES19
DUPLICATION AND THE BURDEN ON FAMILIES AND PROVIDERS AND20
ENSURES COMPLIANCE WITH ALL APPLICABLE DATA PRIVACY AND21
SECURITY PROTECTIONS;22
(e) WORK IN COORDINATION WITH COUNTY DEPARTMENTS AND23
TRIBAL AGENCIES AND LOCAL COMMUNITY -BASED ORGANIZATIONS TO24
INTEGRATE OUTREACH FOR EARLY CHILDHOOD AND FAMILY SUPPORT25
PROGRAMS AND SERVICES WITH OTHER EFFORTS TO PROVIDE HOLISTIC26
SERVICES FOR FAMILIES, INCLUDING FOOD, CASH ASSISTANCE, AND HEALTH27
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CARE;1
(f) COMPLY WITH DEPARTMENT RULES, IF ANY, IN IMPLEMENTING2
THE COUNCIL'S COMMUNITY STRATEGIC PLAN AND CARRYING OUT THE3
COUNCIL'S DUTIES;4
(g) C OMPLY WITH ANY STATUTORY AUDITING REQUIREMENTS5
THAT APPLY TO THE COUNCIL OR , IF THE COUNCIL IS NOT OTHERWISE6
REQUIRED BY STATUTE TO UNDERGO AN ANNUAL FINANCIAL AUDIT ,7
CONTRACT FOR THE PERFORMANCE OF AN ANNUAL FINANCIAL AUDIT OR8
FINANCIAL REVIEW OF THE OPERATIONS OF THE COUNCIL BY AN9
INDEPENDENT AUDITOR; AND10
(h) C OMPLY WITH ANY OTHER PROVISIONS INCLUDED IN THE11
AGREEMENT ENTERED INTO BETWEEN THE COUNCIL AND THE DEPARTMENT12
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION.13
(5) T O SUPPORT PARTNERSHIP AND MUTUAL ACCOUNTABILITY14
BETWEEN EARLY CHILDHOOD COUNCILS AND THE DEPARTMENT , THE15
DEPARTMENT SHALL:16
(a) ENTER INTO AN AGREEMENT WITH EACH EARLY CHILDHOOD17
COUNCIL THAT IS BASED ON THE COUNCIL'S COMMUNITY STRATEGIC PLAN18
AND DEPARTMENT GOALS AND THAT SPECIFIES THE RESPECTIVE DUTIES OF19
THE EARLY CHILDHOOD COUNCIL AND THE DEPARTMENT IN IMPLEMENTING20
THE COUNCIL 'S COMMUNITY STRATEGIC PLAN . AN AGREEMENT IS NOT21
SUBJECT TO THE REQUIREMENTS OF THE "PROCUREMENT CODE", ARTICLES22
101 TO 112 OF TITLE 24. THE TERM OF THE INITIAL AGREEMENT FOR AN23
EARLY CHILDHOOD COUNCIL IS THREE YEARS , AND SUBSEQUENT24
AGREEMENTS MUST HAVE TERMS OF AT LEAST THREE BUT NOT MORE THAN25
FIVE YEARS, AS DETERMINED BY THE DEPARTMENT. THE AGREEMENT, AT26
A MINIMUM, MUST INCLUDE:27
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(I) A SCOPE OF WORK FOR THE COUNCIL CREATED IN PARTNERSHIP1
WITH THE COUNCIL THAT IS RESPONSIVE TO LOCAL COMMUNITY NEEDS ;2
CONTRIBUTES TO COLLECTIVE OUTCOMES; PROMOTES THE SHARED GOALS3
OF THE EARLY CHILDHOOD COLORADO FRAMEWORK AND THE4
DEPARTMENT OF EARLY CHILDHOOD'S STATEWIDE STRATEGIC PLAN; AND5
REFLECTS EXPECTATIONS, TARGETS, AND ACCOUNTABILITY METRICS, IN6
ALIGNMENT WITH THE COUNCIL 'S COMMUNITY STRATEGIC PLAN AND7
STATEWIDE GOALS FOR THE PROVISION OF EARLY CHILDHOOD AND FAMILY8
SUPPORT PROGRAMS AND SERVICES IN COLORADO, TAKING INTO9
CONSIDERATION AVAILABLE APPROPRIATIONS; AND10
(II) THE AMOUNT OF ANY PAYMENT THAT THE COUNCIL RECEIVES11
FROM THE DEPARTMENT TO COVER INDIRECT COSTS DURING THE TERM OF12
THE AGREEMENT.13
14
(b) D ISTRIBUTE AND ADMINISTER PUBLIC FUNDING FOR EARLY15
CHILDHOOD AND FAMILY SUPPORT PROGRAMS AND SERVICES IN16
ACCORDANCE WITH AGREEMENTS AND IN COORDINATION WITH LOCAL AND17
TRIBAL AGENCIES, WHEN APPLICABLE ; EXCEPT THAT THE DEPARTMENT18
MAY DELEGATE ALL OR A PORTION OF THE RESPONSIBILITY FOR19
DISTRIBUTING AND ADMINISTERING PUBLIC FUNDING TO A COUNCIL20
THROUGH THE COUNCIL'S AGREEMENT;21
(c) S UPPORT EARLY CHILDHOOD C OUNCILS BY PROVIDING22
FUNDING, TRAINING, AND TECHNICAL ASSISTANCE, INCLUDING TRAINING23
AND TECHNICAL ASSISTANCE FOR THE USE OF REQUIRED TECHNOLOGY24
SYSTEMS, REGULAR AND AS -NEEDED COLLABORATIVE SUPPORT , AND ,25
WHERE FEASIBLE, ASSISTANCE IN IMPLEMENTING COMMUNITY STRATEGIC26
PLANS;27
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(d) I DENTIFY SUCCESSFUL STRATEGIES AND IN NOVATIONS1
IMPLEMENTED BY EARLY CHILDHOOD COUNCILS THROUGHOUT THE STATE2
AND PROVIDE INFORMATION , BY POSTING INFORMATION ON THE3
DEPARTMENT WEBSITE OR BY ANOTHER MEANS , TO ASSIST EARLY4
CHILDHOOD COUNCILS IN REPLICATING AND ADAPTING THE STRATEGIES5
AND INNOVATIONS IN THEIR COMMUNITIES; AND6
(e) COMMIT TO WORKING WITH EACH EARLY CHILDHOOD COUNCIL7
IN PARTNERSHIP TO DELIVER SERVICES FOR CHILDREN AND FAMILIES. THE8
DEPARTMENT'S COMMITMENTS IN THE PARTNERSHIP INCLUDE , BUT ARE9
NOT LIMITED TO:10
(I) CLEAR AND FREQUENT COMMUNICATION, INCLUDING REGULAR11
RECOMMENDATIONS TO SUPPORT THE SMOOTH FUNCTIONING OF THE12
PARTNERSHIP;13
(II) TIMELY RESOLUTION OF ISSUES AND DISPUTES;14
(III) MAINTAINING A CLEAR CHAIN OF COMMAND THAT OFFERS A15
COUNCIL OPPORTUNITIES TO CONNECT DIRECTLY WITH PROGRAM16
SPECIALISTS AND DEPARTMENT LEADERSHIP; AND17
(IV) M AINTAINING TIMELY CONTRACTING , INVOICING , AND18
REIMBURSEMENT IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT.19
SECTION 6. In Colorado Revised Statutes, 26.5-2-207, amend20
(1), (2)(a), and (2)(b); and add (3) as follows:21
26.5-2-207. Early childhood councils - waivers - rules -22
funding - application.23
(1) (a) A local council may request a waiver of any rule that would24
prevent a council from implementing council projects IN ACCORDANCE25
WITH THE COUNCIL 'S COMMUNITY STRATEGIC PLAN . The local council26
shall submit the request to the early childhood leadership commission27
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created in part 3 of article 1 of this title 26.5. The early childhood1
leadership commission shall consult with the affected state agency in2
reviewing the request. The department or other affected state agency3
DEPARTMENT. THE EXECUTIVE DIRECTOR shall grant waivers upon4
recommendation by the commission DEPARTMENT.5
(b) IF A COUNCIL'S WAIVER REQUEST FALLS OUTSIDE THE PURVIEW6
OF THE DEPARTMENT , THE DEPARTMENT SHALL ASSIGN A LIAISON TO7
CONSULT WITH THE AFFECTED STATE AGENCY.8
(c) T HE EXECUTIVE DIRECTOR SHALL ESTABLISH BY RULE THE9
REQUIREMENTS FOR THE WAIVER PROCESS, INCLUDING THE FORMAT AND10
CONTENT OF A COUNCIL 'S WAIVER REQUEST , THE CRITERIA FOR THE11
EXECUTIVE DIRECTOR TO GRANT A REQUEST TO WAIVE A DEPARTMENT12
RULE, AND ASSOCIATED TIMELINES.13
(2) (a) The executive director shall promulgate ADOPT rules to14
develop and distribute to councils the application form and application15
process to be used by each c ouncil seeki ng to receive council16
infrastructure, quality improvement, AND technical assistance and17
evaluation funding from the early childhood cash fund created in section18
26.5-2-209 and other funding sources appropriated for early childhood19
services.20
(b) The department shall, upon receipt, review applications for21
early childhood funding from the early childhood cash fund established22
in section 26.5-2-209 and other funding sources FROM MONEY23
appropriated FROM OTHER SOURCES for early childhood services.24
(3) T HE RULES MUST INCLUDE INFORMATION ABOUT THE25
AGREEMENT TERMINATION PROCESS , APPLICATION PROCESS , AND26
ASSOCIATED TIMELINES IF A COUNTY RECONFIGURES OR DESIGNATES A27
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NEW CONVENING ENTITY.1
SECTION 7. In Colorado Revised Statutes, add 26.5-2-208.5 as2
follows:3
26.5-2-208.5. Early childhood councils - performance review4
and accountability - rules - report.5
(1) (a) T HE EXECUTIVE DIRECTOR SHALL ADOPT RULES6
ESTABLISHING A PROCESS THAT SATISFIES THE REQUIREMENTS OF THIS7
SECTION TO REVIEW THE PERFORMANCE OF EACH COUNCIL. BEGINNING ON8
OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL IMPLEMENT THE9
REVIEW PROCESS ESTABLISHED IN RULE BY WHICH THE DEPARTMENT AT10
LEAST ANNUALLY REVIEWS THE PERFORMANCE OF EACH COUNCIL IN11
SERVING THE COUNCIL 'S COMMUNITY , INCLUDING IMPLEMENTING THE12
APPROVED COMMUNITY STRATEGIC PLAN AND SCOPE OF WORK . DURING13
THE REVIEW PROCESS, THE DEPARTMENT SHALL, AT A MINIMUM:14
(I) REVIEW THE COUNCIL'S PERFORMANCE UNDER THE AGREEMENT15
USING THE ACCOUNTABILITY METRICS ESTABLISHED WITH THE SCOPE OF16
WORK; AND17
(II) A T INTERVALS RANGING FROM THREE TO FIVE YEARS , AS18
DETERMINED BY THE DEPARTMENT , SOLICIT INPUT FROM FAMILIES ;19
PROVIDERS; MEMBERS OF THE EARLY CHILDHOOD WORKFORCE; LOCAL AND20
TRIBAL AGENCIES ; LOCAL GOVERNMENTS ; ADMINISTRATIVE UNITS , AS21
DEFINED IN SECTION 22-20-103; HEAD START AGENCIES ; FAMILY22
RESOURCE CENTERS , AS DEFINED IN SECTION 26.5-3-102; COUNTY23
DEPARTMENTS OF HUMAN OR SOCIAL SERVICES; AND OTHER INTERESTED24
PERSONS WITHIN THE COMMUNITY CONCERNING THE PERFORMANCE OF25
THE EARLY CHILDHOOD COUNCIL.26
(b) (I) IF THE DEPARTMENT DETERMINES THAT THE COUNCIL IS NOT27
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MEETING THE REQUIREMENTS OF THE SCOPE OF WORK AND1
ACCOUNTABILITY METRICS CONTAINED IN THE AGREEMENT , OR IS NOT2
PERFORMING AT THE LEVEL REQUIRED TO SUCCESSFULLY IMPLEMENT THE3
COMMUNITY STRATEGIC PLAN AND TO ENSURE THAT THE COMMUNITY4
SUBSTANTIALLY MEETS LOCAL AND STATEWIDE GOALS FOR THE PROVISION5
OF EARLY CHILDHOOD AND FAMILY SUPPORT PROGRAMS AND SERVICES ,6
THEN THE DEPARTMENT MAY REQUIRE THE COUNCIL TO IMPLEMENT A7
PERFORMANCE IMPROVEMENT PLAN.8
(II) T HE DEPARTMENT SHALL PROVIDE ONGOING TECHNICAL9
ASSISTANCE, SUPPORT, AND FEEDBACK TO THE COUNCIL AS THE COUNCIL10
IMPLEMENTS A PERFORMANCE IMPROVEMENT PLAN.11
(III) I F THE DEPARTMENT DETERMINES THAT THE COUNCIL HAS12
FAILED TO MAKE SUBSTANTIAL PROGRESS TOWARD ADDRESSING THE13
ISSUES IDENTIFIED IN THE PERFORMANCE IMPROVEMENT PLAN WITHIN THE14
TIME FRAME IDENTIFIED IN THE PLAN, THE DEPARTMENT SHALL TERMINATE15
THE COUNCIL'S AGREEMENT. ON OR BEFORE JULY 1, 2027, THE EXECUTIVE16
DIRECTOR SHALL ADOPT RULES GOVERNING THE PROCESS FOR17
TERMINATING AN AGREEMENT.18
(IV) O N OR BEFORE JULY 1, 2027, THE EXECUTIVE DIRECTOR19
SHALL ADOPT RULES ESTABLISHING OBJECTIVE , MEASURABLE CRITERIA20
THAT THE DEPARTMENT SHALL APPLY IN REQUIRING A COUNCIL TO21
IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN.22
23
(2) IF A COUNCIL HAS FAILED TO MEET THE REQUIREMENTS OF THE24
SCOPE OF WORK AND ACCOUNTABILITY METRICS CONTAINED IN THE25
AGREEMENT, THE DEPARTMENT SHALL NOTIFY THE BOARD OR BOARDS OF26
COUNTY COMMISSIONERS THAT DESI GNATED THE CONVENING ENTITY27
019-14-
PURSUANT TO SECTION 26.5-2-203 (3). THE EXECUTIVE DIRECTOR SHALL1
ADOPT RULES ADDRESSING THE PROCE SS FOR A BOARD OR BOARDS OF2
COUNTY COMMISSIONERS TO APPOINT A NEW CONVENING ENTITY IF THE3
DEPARTMENT TERMINATES AN AGREEMENT DUE TO A COUNCIL 'S4
PERFORMANCE ISSUES. THE RULES MUST ALSO ADDRESS HOW , FOR ANY5
AREA WITHIN THE STATE FOR WHICH A COUNCIL IS NOT ESTABLISHED, OR6
FOR WHICH AN EXISTING COUNCIL IS NOT FULLY CAPABLE OF7
IMPLEMENTING ALL ASPECTS OF THE COMMUNITY STRATEGIC PLAN , THE8
DEPARTMENT WILL ENSURE , TO THE GREATEST EXTENT POSSIBLE ,9
CONTINUITY OF THE DELIVERY OF SERVICES REQUIRED PURSUANT TO THIS10
PART 2 FOR THE AREA, UNTIL A COUNCIL IS ESTABLISHED OR AN EXISTING11
COUNCIL IS FULLY CAPABLE OF IMPLEMENTING ALL ASPECTS OF THE12
COMMUNITY STRATEGIC PLAN.13
(3) BEGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR14
THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS15
PRESENTATION DURING ITS"SMART ACT" HEARING REQUIRED BY SECTION16
2-7-203, INFORMATION CONCERNING COUNCILS ' PROGRESS TOWARD17
ACHIEVING ACCOUNTABILITY METRICS AS SHARED WITH THE DEPARTMENT18
PURSUANT TO SECTION 26.5-2-206 (1)(f).19
SECTION 8. In Colorado Revised Statutes, repeal 26.5-2-208.20
SECTION 9. In Colorado Revised Statutes, add 26.5-2-210 as21
follows:22
26.5-2-210. Transfer of functions - legislative intent.23
(1) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT ON AND24
AFTER JULY 1, 2026, THE STATEWIDE SYSTEM OF EARLY CHILDHOOD25
COUNCILS IS RESPONSIBLE FOR EXECUTING, ADMINISTERING, PERFORMING,26
AND ENFORCING THE RIGHTS , POWERS , DUTIES , FUNCTIONS , AND27
019-15-
OBLIGATIONS VESTED BEFORE JULY 1, 2026, IN THE LOCAL COORDINATING1
ORGANIZATIONS ESTABLISHED PURSUANT TO PART 1 OF THIS ARTICLE 2, AS2
IT EXISTED PRIOR TO JULY 1, 2026.3
(2) I T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE4
RIGHTS, POWERS , DUTIES , FUNCTIONS , AND OBLIGATIONS CONCERNING5
SUPPORTING ACCESS TO AND DELIVERY OF EARLY CHILDHOOD AND FAMILY6
SUPPORT PROGRAMS AND SERVICES ARE TRANSFERRED TO THE STATEWIDE7
SYSTEM OF EARLY CHILDHOOD COUNCILS, EFFECTIVE JULY 1, 2026.8
(3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT ANY MONEY9
THE DEPARTMENT ALLOCATES TO SUPPORT A TRANSITION PERIOD10
EXTENSION PURSUANT TO SUBSECTION (7) OF THIS SECTION BE A ONE-TIME11
EXPENDITURE AND NOT BE A SOURCE OF ONGOING PROGRAM FUNDING OR12
A BASELINE ADJUSTMENT.13
(4) A LOCAL COORDINATING ORGANIZATION RETAINS THE RIGHTS,14
POWERS, DUTIES, FUNCTIONS, AND OBLIGATIONS NECESSARY TO SATISFY15
THE REQUIREMENTS OF A COORDINATOR AGREEMENT IN FORCE PRIOR TO16
JULY 1, 2026. AN EARLY CHILDHOOD COUNCIL MAY SUBCONTRACT THE17
PROVISION OF SERVICES DESCRIBED IN THIS PART 2 TO A LOCAL18
COORDINATING ORGANIZATION THAT IS ESTABLISHED PRIOR TO JULY 1,19
2026, AND THAT IS NOT ALSO AN EARLY CHILDHOOD COUNCIL. AN EARLY20
CHILDHOOD COUNCIL MAY SUBCONTRACT THE PROVISION OF SERVICES21
DESCRIBED IN THIS PART 2, INCLUDING AFTER JULY 1, 2026, IF THE22
SUBCONTRACTING IS CONSISTENT WITH THE COUNCIL 'S APPROVED23
AGREEMENT AND DEPARTMENT OVERSIGHT.24
(5) T HE RULES PERTAINING TO THE RIGHTS , POWERS , DUTIES ,25
FUNCTIONS, AND OBLIGATIONS TRANSFERRED TO THE STATEWIDE SYSTEM26
OF EARLY CHILDHOOD COUNCILS THAT ARE ADOPTED BY THE EXECUTIVE27
019-16-
DIRECTOR AND ARE IN EFFECT AS OF JULY 1, 2026, CONTINUE IN EFFECT1
AND APPLY TO THE DEPARTMENT AND PERSONS PROVIDING THE SERVICES2
DESCRIBED IN PART 1 OF THIS ARTICLE 2 AS IT EXISTED PRIOR TO JULY 1,3
2026, UNTIL REPLACED BY RULES ADOPTED BY THE EXECUTIVE DIRECTOR4
PURSUANT TO THIS PART 2 ON OR BEFORE JULY 1, 2027.5
(6) ON AND AFTER JULY 1, 2026, UNLESS OTHERWISE SPECIFIED, IF6
A PROVISION OF LAW REFERS TO A LOCAL COORDINATING ORGANIZATION7
WITH REGARD TO THE RIGHTS , POWERS , DUTIES , FUNCTIONS , OR8
OBLIGATIONS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THE LAW IS9
CONSTRUED AS REFERRING TO AN EARLY CHILDHOOD COUNCIL.10
(7) (a) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART 2,11
IF THE TRANSFER OF RIGHTS , DUTIES , FUNCTIONS , AND OBLIGATIONS12
DESCRIBED IN THIS SECTION REQUIRES THE CONSOLIDATION ,13
REASSIGNMENT, OR MATERIAL MODIFICATION OF THE DUTIES OF AN14
ORGANIZATION PROVIDING THE SERVICES DESCRIBED IN PART 1 OF THIS15
ARTICLE 2, AS IT EXISTED PRIOR TO JULY 1, 2026, OR AN EARLY16
CHILDHOOD COUNCIL, THE DEPARTMENT MAY AUTHORIZE A ONE -TIME17
EXTENSION OF THE TRANSITION PERIOD . THE TRANSITION PERIOD MUST18
CONCLUDE ON OR BEFORE JULY 1, 2029, AND IS NOT SUBJECT TO FURTHER19
EXTENSION.20
(b) D URING A TRANSITION PERIOD EXTENSION AUTHORIZED21
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION , THE DEPARTMENT22
MAY, AS NECESSARY TO SUPPORT THE ADMINISTRATION AND23
COORDINATION OF EARLY CHILDHOOD PROGRAMS AND SERVICES ,24
MAINTAIN SEPARATE CONTRACTS WITH AN EARLY CHILDHOOD COUNCIL25
AND AN ORGANIZATION PROVIDING THE SERVICES DESCRIBED IN PART 1 OF26
THIS ARTICLE 2, AS IT EXISTED PRIOR TO JULY 1, 2026.27
019-17-
(c) O N OR BEFORE JANUARY 1, 2029, THE DEPARTMENT SHALL1
SUBMIT A WRITTEN REPORT TO THE JOINT BUDGET COMMITTEE . THE2
REPORT MUST INCLUDE AN ANALYSIS OF TRANSITION COSTS AND3
EXPENDITURES, OPERATIONAL READINESS, AND RECOMMENDATIONS FOR4
ANY LEGISLATIVE CHANGES NECESSARY TO FACILITATE LOCAL EARLY5
CHILDHOOD SERVICES ADMINISTRATION , COORDINATION , AND6
CONTRACTING FOLLOWING A TRANSITION PERIOD AUTHORIZED PURSUANT7
TO SUBSECTION (7)(a) OF THIS SECTION.8
SECTION 10. In Colorado Revised Statutes, 26.5-1-103, amend9
(4) as follows:10
26.5-1-103. Definitions.11
As used in this title 26.5, unless the context otherwise requires:12
(4) "Local coordinating organization" means the entity selected by13
the department pursuant to section 26.5-2-103 PRIOR TO JULY 1, 2026, to14
implement a community plan for increasing access to, coordinating, and15
allocating funding for early childhood and family support programs and16
services within a specified community.17
SECTION 11. In Colorado Revised Statutes, 26.5-1-105, amend18
(2)(i) as follows:19
26.5-1-105. Powers and duties of the executive director - rules20
- rules advisory council - repeal.21
(2) (i) In reviewing and making recommendations concerning22
rules and in preparing other recommendations for the executive director,23
the council shall strive to develop recommendations that are detailed and24
measurable and consider the impacts on children, parents, families,25
providers, school districts, counties, and local coordinating organizations26
EARLY CHILDHOOD COUNCILS. The RULES ADVISORY council must approve27
019-18-
recommendations by a majority vote and provide those recommendations1
to the executive director in writing. Members of the council voting in the2
minority may submit a written explanation of their opposition to the3
recommendations to the executive director.4
SECTION 12. In Colorado Revised Statutes, 26.5-1-109, amend5
(1)(i) as follows:6
26.5-1-109. Department functions - operating principles.7
(1) The department shall execute the following functions and8
operate programs and provide services associated with those functions as9
described in this title 26.5 and authorized by federal law:10
(i) Collaborate with other state departments, local and tribal11
agencies, and local coordinating organizations EARLY CHILDHOOD12
COUNCILS to safely collect and share data, eliminating duplication of data13
collection when possible, while ensuring privacy and security for children14
and families, to enable the department to gauge the statewide quality,15
availability, capacity, and delivery of early childhood and family support16
programs and services;17
SECTION 13. In Colorado Revised Statutes, 26.5-1-111, amend18
(1) introductory portion and (2)(c) as follows:19
26.5-1-111. Data system - collection - analysis - cross-agency20
agreements.21
(1) The department shall work with local coordinating22
organizations EARLY CHILDHOOD COUNCILS , state agencies, local and23
tribal agencies, and providers, as necessary, to collect, share, manage, and24
protect qualitative and quantitative data pertaining to early childhood and25
family support programs and services. The department shall review and26
analyze the collected data to assess:27
019-19-
(2) At a minimum, the department shall collect data pertaining to1
early childhood and family support programs and services that includes:2
(c) Information that enables the department, local coordinating3
organizations EARLY CHILDHOOD COUNCILS, and local and tribal agencies4
to assess on a continuing basis the needs for early childhood and family5
support programs and services in an area and make decisions concerning6
the provision of programs and services;7
SECTION 14. In Colorado Revised Statutes, 26.5-1-112, amend8
(1)(d) as follows:9
26.5-1-112. Transition review - program review - report -10
repeal.11
(1) (d) In conducting the reviews and making recommendations12
pursuant to this subsection (1), the independent evaluator shall solicit13
input through a process that includes participation by the populations14
served by the programs; the providers and members of the workforce15
working in the programs; local coordinating organizations; state, local,16
and tribal agencies involved in implementing the programs; and any other17
relevant experts.18
SECTION 15. In Colorado Revised Statutes, 26.5-4-109, amend19
(4) as follows:20
26.5-4-109. Provider rates - provider recruitment - provider.21
(4) The department, working with early childhood councils as22
defined in section 26.5-2-202 AND county departments, and local23
coordinating organizations as defined in section 26.5-2-102 shall identify24
and recruit providers throughout the state to participate in the child care25
assistance program. In identifying and recruiting providers, the26
department and local coordinating organizations EARLY CHILDHOOD27
019-20-
COUNCILS shall establish a mixed delivery system of public and private1
providers in communities throughout the state that enables parents to2
select CCCAP providers for their children from as broad a range as3
possible within their respective communities.4
SECTION 16. In Colorado Revised Statutes, 26.5-4-111, amend5
(11) and (12)(d) as follows:6
26.5-4-111. Services - eligibility - assistance provided - waiting7
lists - rules - exceptions from cooperating with child support8
establishment.9
(11) A provider or a local coordinating organization, as defined10
in section 26.5-2-102 AN EARLY CHILDHOOD COUNCIL , AS DEFINED IN11
SECTION 26.5-2-202, may accept a family's CCCAP application and12
submit it THE APPLICATION to the county on behalf of a family seeking13
child care assistance.14
(12) Each county:15
(d) May use its THE COUNTY 'S CCCAP allocation to provide16
enrollment contracts or grants to early care and education providers: To17
support implementation of the local community plan described in section18
26.5-2-104 APPLICABLE EARLY CHILDHOOD COUNCIL COMMUNITY19
STRATEGIC PLAN DESCRIBED IN SECTION 26.5-2-204; to increase the supply20
and improve the quality of child care for infants and toddlers, children21
with disabilities, after-hours care, and children in underserved22
neighborhoods; to provide stability for the early childhood sector; and to23
improve alignment with the provision of additional preschool services, as24
defined in section 26.5-4-203, to working families who need additional25
care;26
SECTION 17. In Colorado Revised Statutes, 26.5-4-203, repeal27
019-21-
(5) and (11); and add (5.5) as follows:1
26.5-4-203. Definitions.2
As used in this part 2, unless the context otherwise requires:3
(5) "Community plan" means the community plan adopted by a4
local coordinating organization pursuant to section 26.5-2-104.5
(5.5) "EARLY CHILDHOOD COUNCIL" MEANS AN EARLY CHILDHOOD6
COUNCIL IDENTIFIED OR ESTABLISHED LOCALLY IN COMMUNITIES7
THROUGHOUT THE STATE PURSUANT TO SECTION 26.5-2-203.8
(11) "Local coordinating organization" means the entity selected9
by the department pursuant to section 26.5-2-103 to implement a10
community plan for ear ly childhood and fa mily support programs and11
services within a specified community.12
SECTION 18. In Colorado Revised Statutes, 26.5-4-204, amend13
(2) as follows:14
26.5-4-204. Colorado universal preschool program - created15
- eligibility - workforce development plan - program funding - rules.16
(2) For the 2023-24 school year and each school year thereafter,17
subject to the availability and enrollment capacity of preschool providers,18
parents throughout the state may enroll their children, free of charge, in19
ten hours per week of publicly funded preschool services for the school20
year preceding the school year in which the children are eligible to enroll21
in kindergarten. The department, working with local coordinating22
organizations EARLY CHILDHOOD COUNCILS , shall identify and recruit23
preschool providers throughout the state to participate in the Colorado24
universal preschool program. In identifying and recruiting preschool25
providers, the department and local coordinating organizations EARLY26
CHILDHOOD COUNCILS shall, to the extent practicable, establish a mixed27
019-22-
delivery system in communities throughout the state that enables parents1
to select preschool providers for their children from as broad a range as2
possible within their respective communities.3
SECTION 19. In Colorado Revised Statutes, 26.5-4-205, amend4
(1)(b)(I) as follows:5
26.5-4-205. Quality standards - evaluation - support.6
(1) (b) (I) Except as provided in subsection (1)(b)(II) of this7
section, the department shall ensure that each preschool provider that8
participates in the preschool program meets the quality standards9
established by rule in accordance with this section. The department may10
work with a local coordinating organization AN EARLY CHILDHOOD11
COUNCIL to ensure that a preschool provider meets the quality standards.12
The department may prohibit a preschool provider that fails to meet one13
or more of the quality standards from participating in the preschool14
program.15
SECTION 20. In Colorado Revised Statutes, 26.5-4-207, amend16
(3) as follows:17
26.5-4-207. Preschool program evaluation and improvement18
process - independent evaluator.19
(3) The department shall communicate the evaluations and20
recommendations of the independent evaluator to families, communities,21
preschool providers, local coordinating organizations EARLY CHILDHOOD22
COUNCILS, the state board of education, and the general assembly, as23
appropriate, to inform and improve early childhood teaching and24
education and policy-making related to early childhood education.25
SECTION 21. In Colorado Revised Statutes, 26.5-4-208, amend26
(1)(c), (1)(e), (3)(a), (3)(c)(II), and (3)(c)(IV) as follows:27
019-23-
26.5-4-208. Preschool provider funding - per-child rates - local1
contribution - distribution and use of money - definitions.2
(1) (c) In establishing the formula for additional preschool3
services, in addition to the considerations specified in subsection (1)(a)4
of this section, the department may consider the amount of local funding5
available to assist families within a community based on the community6
plan APPLICABLE EARLY CHILDHOOD COUNCIL COMMUNITY STRATEGIC7
PLAN DESCRIBED IN SECTION 26.5-2-204 or available within an area that8
does not have a local coordinating organization AN EARLY CHILDHOOD9
COUNCIL. A preschool provider is prohibited from charging a fee for10
additional preschool services to a family that participates in the preschool11
program that exceeds the amount charged to families that do not receive12
additional preschool services.13
(e) In establishing the formulas and other distribution amounts,14
the department shall consult with the rules advisory council, the early15
childhood leadership commission, and members of the early childhood16
community, including parents of preschool-age children, preschool17
educators, preschool providers, early childhood councils, school districts,18
charter schools, representatives of county departments of human or social19
services, local coordinating organizations, and individuals with financial20
expertise in public and private funding s ources for early childhood21
services.22
(3) (a) Beginning in the 2023-24 fiscal year 2026-27 FISCAL YEAR23
and for each fiscal year thereafter, the department, working with local24
coordinating organizations as provided in each local coordinating25
organization's coordinator agreement EARLY CHILDHOOD COUNCILS IN26
ACCORDANCE WITH EACH EARLY CHILDHOOD COUNCIL'S AGREEMENT with27
019-24-
the department, shall distribute the funding appropriated to the1
department for preschool services from the preschool programs cash fund2
and any amount received pursuant to section 26.5-4-209 (2). The3
department and local coordinating organizations EARLY CHILDHOOD4
COUNCILS, as applicable, shall base the amounts distributed on the5
per-child rates and any special purpose distributions established for the6
applicable fiscal year pursuant to subsection (1) of this section. At the7
start of each fiscal year, the department and local coordinating8
organizations EARLY CHILDHOOD COUNCILS, as applicable, shall distribute9
a portion of the funding to preschool providers based on the numbers and10
types of eligible children expected to enroll in preschool as estimated in11
the community STRATEGIC plans or as estimated by the department for an12
area that does not have a local coordinating organization AN EARLY13
CHILDHOOD COUNCIL . The department and local coordinating14
organizations EARLY CHILDHOOD COUNCILS, as applicable, shall continue15
distributing portions of the funding periodically throughout the school16
year and shall adjust the amounts distributed based on the actual numbers17
and types of eligible children enrolled by preschool providers.18
(c) (II) The department and local coordinating organizations19
EARLY CHILDHOOD COUNCILS, as applicable, shall distribute the funding20
for preschool services for children who are three years of age or younger21
as described in subsection (3)(c)(I)(B) of this section only to preschool22
providers that ar e school dist ricts or charter schools for the eligible23
children who are three years of age and younger whom the school district24
or charter school enrolls in accordance with the preschool program;25
except that, in a fiscal year in which the general assembly specifically26
appropriates an amount to provide preschool services for children three27
019-25-
years of age or younger who do not have disabilities that exceeds the1
amount described in subsection (3)(c)(I)(B) of this section, the2
department may distribute in accordance with the applicable community3
plans STRATEGIC PLANS DESCRIBED IN SECTION 26.5-2-204 all or any4
portion of the excess appropriation amount to community-based5
preschool providers. A school district may distribute all or a portion of the6
amount received pursuant to this subsection (3)(c)(II) to a head start7
agency or community-based preschool provider that provides preschool8
services pursuant to a contract with the school district.9
(IV) In a fiscal year in which the amount described in subsection10
(3)(c)(I)(B) of this section to fund preschool services for children who are11
three years of age or younger is less than is required to fully fund the12
number of said eligible childre n who actually enroll for preschool13
services, the department shall first provide funding for the eligible14
children with disabilities and eligible children who are in low-income15
families and meet at least one qualifying factor and then provide funding16
for the remaining eligible children who are in low-income families. If any17
amount of the appropriation described in subsection (3)(c)(I)(B) of this18
section remains, the department, working with the rules advisory council,19
the local coordinating organizations EARLY CHILDHOOD COUNCILS, and20
any other interested persons, shall establish the priority for distributing21
the funding among the remaining eligible children.22
SECTION 22. In Colorado Revised Statutes, 26.5-4-209, amend23
(5) as follows:24
26.5-4-209. Preschool programs cash fund - created - use.25
(5) A FTER ENSURING THE DELIVERY OF DIRECT SERVICES FOR26
ELIGIBLE CHILDREN, the department may use money appropriated from the27
019-26-
preschool programs cash fund for the administrative costs of local1
coordinating organizations INCURRED BY EARLY CHILDHOOD COUNCILS2
THAT ARE DIRECTLY RELATED TO THE DELIVERY OF PRESCHOOL SERVICES.3
SECTION 23. In Colorado Revised Statutes, 26.5-4-210, amend4
(1) introductory portion, (1)(e), (1)(g)(VII), and (2) as follows:5
26.5-4-210. Reporting.6
(1) Beginning with the hearing held in January of 2025 As part of7
the annual hearing held pursuant to the "State Measurement for8
Accountable, Responsive, and Transparent (SMART) Government Act",9
part 2 of article 7 of title 2, the department shall report on the10
implementation and effectiveness of the Colorado universal preschool11
program in the preceding fiscal year. At a minimum, the report must12
include:13
(e) The amount of funding distributed to preschool providers14
through the preschool program, in total and disaggregated by15
communities with local coordinating organizations EARLY CHILDHOOD16
COUNCILS and areas of the state that do not have local coordinating17
organizations EARLY CHILDHOOD COUNCILS;18
(g) Of the amount appropriated from the preschool programs cash19
fund, the amount, expressed as a dollar amount and a percentage of the20
total appropriation, that:21
(VII) Was spent on administrative expenses of the department and22
each local coordinating organization EARLY CHILDHOOD COUNCIL;23
(2) The department may request and local coordinating24
organizations EARLY CHILDHOOD COUNCILS and preschool providers shall25
provide information as necessary for the department to prepare the report26
described in subsection (1) of this section.27
019-27-
SECTION 24. In Colorado Revised Statutes, 24-101-105, amend1
(1)(a)(XVII) as follows:2
24-101-105. Application of this code.3
(1) (a) This code applies to all publicly funded contracts entered4
into by all govern mental bodies of the executive branch of this state;5
except that this code does not apply to:6
(XVII) The department of early childhood in soliciting and7
selecting APPROVING entities to serve as local coordinating organizations8
pursuant to section 26.5-2-103 EARLY CHILDHOOD COUNCILS PURSUANT9
TO SECTION 26.5-2-204 and coordinating agreements entered into10
pursuant to section 26.5-2-105 SECTION 26.5-2-206; or11
SECTION 25. Effective date. This act takes effect upon passage;12
except that section 26.5-4-203 (5) and (11), Colorado Revised Statutes,13
as repealed in section 17 of th is act, and secti on 26.5-4- 208 (3)(a),14
(3)(c)(II), and (3)(c)(IV), Colorado Revised Statutes, as amended in15
section 21 of this act, take effect July 1, 2026.16
SECTION 26. Safety clause. The general assembly finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety or for appropriations for19
the support and maintenance of the departments of the state and state20
institutions.21
019-28-