SB 19 — Early Childhood Local System Consolidation

(4)(a) EACHSUPPORTTHEAVAILABILITYOFHIGH-QUALITYEARLYCHILDHOOD COUNCILCARE SHALLAND :EDUCATION FORALL CHILDREN, INCLUDING SUPPORTING ACCESS TO TRAINING AND SUPPORT FOR MEMBERS OF THE EARLY CHILDHOOD WORKFORCE IN ALL SETTINGS, INCLUDING INFORMAL OR LICENSE-EXEMPT PROVIDERS;

(a)PA SUPPORTTHEAVAILABILITYOFHIGHG -QUALITYEARLYCHILDHOODE CARE5-SENATE ANDBILL EDUCATION26-019 FOR(b) ALLCHILDRENMONITOR ,INCLUDINGTHE SUPPORTINGAVAILABILITY ACCESSOF TOHIGH-QUALITY TRAININGEARLY ANDCHILD SUPPORTCARE FORAND MEMBERSEDUCATION OFPROGRAMS WITHIN THE EARLYCOMMUNITY, CHILDHOODAND, WORKFORCEAS INAPPROPRIATE, ALLWORK SETTINGSTO ,INCLUDINGINCREASE INFORMALTHAT ORAVAILABILITY LICENSEOVER EXEMPTTIME PROVIDERSTO ;BETTER MEET FAMILY AND COMMUNITY NEEDS;

PAGE(c) 5-SENATESUPPORT BILLPUBLIC 26-019AND (b)PRIVATE MPROVIDERS ONITORIN THERECRUITING, AVAILABILITYDEVELOPING, OF HIGH-QUALITY EARLY CHILD CARE AND EDUCATIONRETAINING PROGRAMS WITHIN THE COMMUNITY ,A AND,QUALITY ASEARLY APPROPRIATECHILDHOOD ,WORKWORKFORCE; TO INCREASE THAT AVAILABILITY OVER TIME TO BETTER MEET FAMILY AND COMMUNITY NEEDS ;

(c)(d) SUPPORTWORK PUBLICWITH PROVIDERS IN THE COMMUNITY AND PRIVATEENTER PROVIDERSINTO INDATA-SHARING RECRUITINGAGREEMENTS ,AS DEVELOPINGNECESSARY ,ANDTO RETAININGENSURE WITHINTHE COLLECTION AND REPORTING OF ACCOUNTABILITY METRICS TO THE COMMUNITYDEPARTMENT, AS REQUIRED BY DEPARTMENT RULES, IN A QUALITYMANNER EARLYTHAT CHILDHOODMINIMIZES WORKFORCEDUPLICATION ;AND THE BURDEN ON FAMILIES AND PROVIDERS AND ENSURES COMPLIANCE WITH ALL APPLICABLE DATA PRIVACY AND SECURITY PROTECTIONS;

(d)(e) WWORK ORKIN COORDINATION WITH PROVIDERSCOUNTY INDEPARTMENTS THE COMMUNITY AND ENTERTRIBAL INTOAGENCIES DATAAND -SHARINGLOCAL AGREEMENTSCOMMUNITY-BASED ASORGANIZATIONS NECESSARY TO ENSUREINTEGRATE THEOUTREACH COLLECTIONFOR ANDEARLY REPORTINGCHILDHOOD OFAND ACCOUNTABILITYFAMILY METRICSSUPPORT TOPROGRAMS THEAND DEPARTMENTSERVICES ,ASWITH REQUIREDOTHER BYEFFORTS DEPARTMENTTO RULESPROVIDE ,HOLISTIC INSERVICES AFOR MANNERFAMILIES, THATINCLUDING MINIMIZESFOOD, DUPLICATIONANDTHECASH BURDENONFAMILIESANDPROVIDERSANDENSURESASSISTANCE, COMPLIANCE WITH ALL APPLICABLE DATA PRIVACY AND SECURITYHEALTH PROTECTIONSCARE; ;

(e)(t) WCOMPLY ORK IN COORDINATION WITH COUNTYDEPARTMENT DEPARTMENTSRULES, ANDIF TRIBALANY, AGENCIESIN ANDIMPLEMENTING LOCALTHE COUNCIL'S COMMUNITY -BASEDSTRATEGIC ORGANIZATIONSPLAN TO INTEGRATE OUTREACH FOR EARLY CHILDHOOD AND FAMILYCARRYING SUPPORTOUT PROGRAMSTHE ANDCOUNCIL'S SERVICESDUTIES; WITH OTHER EFFORTS TO PROVIDE HOLISTIC SERVICES FOR FAMILIESINCLUDING FOOD ,CASH ASSISTANCE,AND HEALTH CARE ;

(f)(g) COMPLY WITH DEPARTMENTANY RULESSTATUTORY ,AUDITING IFREQUIREMENTS ANY,INTHAT IMPLEMENTINGAPPLY TOTHE COUNCILOR, IFTHECOUNCIL ISNOT OTHERWISE REQUIRED BY STATUTE TO UNDERGO AN ANNUAL FINANCIAL AUDIT, CONTRACT FOR THE COUNCILPERFORMANCE SOF COMMUNITYAN STRATEGICANNUAL PLANFINANCIAL ANDAUDIT CARRYINGOR OUTFINANCIAL REVIEW OF THE OPERATIONS OF THE COUNCIL SBY DUTIES;AN INDEPENDENT AUDITOR;

(g)AND COMPLYWITH ANY STATUTORY AUDITINGREQUIREMENTSTHAT APPLYTOTHECOUNCILOR ,IFTHECOUNCILISNOTOTHERWISEREQUIREDBY STATUTE TO UNDERGO AN ANNUAL FINANCIAL AUDIT ,CONTRACT FOR THE PERFORMANCE OF AN ANNUAL FINANCIAL AUDIT OR FINANCIAL REVIEW OF THE OPERATIONS OF THE COUNCIL BY AN INDEPENDENT AUDITOR ;AND (h) COMPLY WITH ANY OTHER PROVISIONS INCLUDED IN THE AGREEMENT ENTERED INTO BETWEEN THE COUNCIL AND THE DEPARTMENT PURSUANT TO SUBSECTION (5)(aOF THIS SECTIO.SECTION.

(5) TO SUPPORT PARTNERSHIP AND MUTUAL ACCOUNTABILITY BETWEEN EARLY CHILDHOOD COUNCILS AND THE DEPARTMENTDEPARTMENT, , THE PAGE 6-SENATE BILL 26-019 DEPARTMENT SHALLSHALL: :

(a) ENTER INTO AN AGREEMENT WITH EACH EARLY CHILDHOOD COUNCIL THAT IS BASED ON THE COUNCILSCOUNCIL'S COMMUNITY STRATEGIC PLAN AND DEPARTMENT GOALS AND THAT SPECIFIES THE RESPECTIVE DUTIES OF THE EARLY CHILDHOOD COUNCIL AND THE DEPARTMENT IN IMPLEMENTING THE COUNCILCOUNCIL'S S COMMUNITY STRATEGIC PLANPLAN. .

AN AGREEMENT IS NOT SUBJECT TO THE REQUIREMENTS OF THE"PROCUREMENTTHE CODE"PROCUREMENT "ARTICLESCODE", ARTICLES TO 112 OF TITLE24.

THE TERM OF THE INITIAL AGREEMENT FOR AN EARLY CHILDHOOD COUNCIL IS THREE YEARSYEARS, , AND SUBSEQUENT AGREEMENTS MUST HAVE TERMS OF AT LEAST THREE BUT NOT MORE THAN FIVE YEARS,ASYEARS, AS DETERMINED BY THE DEPARTMENTDEPARTMENT. .THE AGREEMENT ,AT A MINIMUM ,MUST INCLUDE :

(I) ASCOPE OF WORK FOR THE COUNCILAGREEMENT, CREATEDAT INA PARTNERSHIPMINIMUM, WITHMUST THEINCLUDE: COUNCIL THAT IS RESPONSIVE TO LOCAL COMMUNITY NEEDS ;

CONTRIBUTESTOCOLLECTIVEOUTCOMES(I)A ;PROMOTESTHESHAREDGOALSOFSCOPE THEEARLYCHILDHOODOF CWORK OLORADOFRAMEWORKANDTHEDEPARTMENTOFFOR EARLYTHE CHILDHOODCOUNCIL SCREATED STATEWIDEIN STRATEGICPARTNERSHIP PLANWITH ;THE COUNCIL THAT IS RESPONSIVE TO LOCAL COMMUNITY NEEDS;

ANDCONTRIBUTESTOCOLLECTIVEOUTCOMES; REFLECTS EXPECTATIONS ,TARGETS ,AND ACCOUNTABILITY METRICS ,IN ALIGNMENT WITH THE COUNCIL'S COMMUNITY STRATEGIC PLAN AND STATEWIDE GOALS FORTHEPROVISIONOFEARLYCHILDHOODANDFAMILYSUPPORTPROGRAMS AND SERVICES IN COLORADO ,TAKING INTO CONSIDERATION AVAILABLE APPROPRIATIONS ;AND (II) HE AMOUNT OF ANY PAYMENT THAT THE COUNCIL RECEIVES FROM THE DEPARTMENT TO COVER INDIRECT COSTS DURING THE TERM OF THE AGREEMENT .

(b)PROMOTESTHESHAREDGOALS DOF ISTRIBUTETHE AND ADMINISTER PUBLIC FUNDING FOR EARLY CHILDHOOD ANDCOLORADO FAMILYFRAMEWORK SUPPORT PROGRAMS AND SERVICESTHE INDEPARTMENT ACCORDANCEOF WITHEARLY AGREEMENTSCHILDHOOD'S ANDSTATEWIDE INSTRATEGIC COORDINATIONPLAN; WITH LOCAL AND TRIBALAGENCIES ,WHENAPPLICABLE EXCEPTTHATTHEDEPARTMENTMAY DELEGATEALLORAPORTIONOFTHERESPONSIBILITYFORDISTRIBUTINGAND ADMINISTERING PUBLIC FUNDING TO A COUNCIL THROUGH THE COUNCIL 'S AGREEMENT ;

(c)AND SPPORTREFLECTS EARLYCHILDHOODEXPECTATIONS, COUNCILSTARGETS, BYPROVIDINGFUNDING , TRAINING, AND TECHNICALACCOUNTABILITY ASSISTANCEMETRICS, ,IN INCLUDINGALIGNMENT TRAININGWITH ANDTHE TECHNICALASSISTANCECOUNCIL'S FORTHECOMMUNITY USESTRATEGIC OFREQUIREDTECHNOLOGYSYSTEMSPLAN ,AND PAGESTATEWIDE 7-SENATEGOALS BILLFORTHE 26-019PROVISION REGULARANDASOFEARLY -NEEDEDCOLLABORATIVESUPPORTCHILDHOOD ,ANDAND WHEREFEASIBLEFAMILY ,SUPPORTPROGRAMS ASSISTANCEAND SERVICES IN IMPLEMENTINGCOLORADO, COMMUNITYTAKING STRATEGICINTO PLANSCONSIDERATION ;AVAILABLE APPROPRIATIONS;

(d) IDENTIFY SUCCESSFUL STRATEGIES AND INNOVATIONS(II)THE IMPLEMENTEDAMOUNT BYOF EARLYANY CHILDHOODPAYMENT COUNCILSTHAT THROUGHOUT THE STATECOUNCIL ANDRECEIVES PROVIDEFROM INFORMATION , BY POSTING INFORMATION ON THE DEPARTMENT WEBSITE OR BY ANOTHER MEANS , TO ASSISTCOVER EARLYINDIRECT CHILDHOODCOUNCILSINREPLICATINGANDADAPTINGTHESTRATEGIESANDCOSTS INNOVATIONSDURING INTHE THEIRTERM COMMUNITIES;ANDOF (e)THE COMMITTOWORKINGWITHEACHEARLYCHILDHOODCOUNCILINAGREEMENT. PARTNERSHIP TO DELIVER SERVICES FOR CHILDREN AND FAMILIES .

THE(b) DEPARTMENTDISTRIBUTE SCOMMITMENTSINTHEAND PARTNERSHIPADMINISTER INCLUDEPUBLIC ,BUTARENOTFUNDING LIMITEDFOR TO:EARLY CHILDHOOD AND FAMILY SUPPORT PROGRAMS AND SERVICES IN ACCORDANCE WITH AGREEMENTS AND IN COORDINATION WITH LOCAL AND TRIBAL AGENCIES, WHEN APPLICABLE;

(I)EXCEPTTHATTHE CLEARDEPARTMENTMAY ANDDELEGATEALL FREQUENTORA COMMUNICATIONPORTION ,INCLUDINGOFTHE REGULARRESPONSIBILITY RECOMMENDATIONSFORDISTRIBUTINGAND TOADMINISTERING SUPPORTPUBLIC THEFUNDING SMOOTHTO FUNCTIONINGA OFCOUNCIL THROUGH THE PARTNERSHIPCOUNCIL'S ;AGREEMENT;

(II)(c)SUPPORT TMELYEARLY RESOLUTIONCHILDHOOD OFCOUNCILS ISSUESBY PROVIDING FUNDING, TRAINING, AND DISPUTES;TECHNICAL ASSISTANCE, INCLUDING TRAINING AND TECHNICAL ASSISTANCE FORTHE USE OF REQUIRED TECHNOLOGY SYSTEMS, PA G E 7-SENATE BILL 26-019 REGULARANDAS-NEEDEDCOLLABORATIVESUPPORT, AND, WHERE FEASIBLE, ASSISTANCE IN IMPLEMENTING COMMUNITY STRATEGIC PLANS;

(III)(d) MAINTAININGIDENTIFY ASUCCESSFUL CLEARSTRATEGIES CHAINAND OFINNOVATIONS COMMANDIMPLEMENTED THATBY OFFERSEARLY ACHILDHOOD COUNCILCOUNCILS OPPORTUNITIESTHROUGHOUT TOTHE CONNECTSTATE DIRECTLYAND WITHPROVIDE PROGRAMINFORMATION, SPECIALISTSBY ANDPOSTING DEPARTMENTINFOIUvlATION LEADERSHIPON ;ANDTHE (IV)DEPARTMENT MWEBSITE AINTAININGOR TIMELYBY CONTRACTINGANOTHER ,MEANS, INVOICING,TO ANDASSIST REIMBURSEMENTEARLY CHILDHOODCOUNCILS IN ACCORDANCEREPLICATING WITHAND THEADAPTINGTHESTRATEGIES TERMSAND OFINNOVATIONS THEIN AGREEMENTTHEIR .COMMUNITIES;

SECTION6.AND (e) COMMITTO WORKING WITH EACH EARLY CHILDHOOD COUNCIL IN PARTNERSHIP TO DELIVER SERVICES FOR CHILDREN AND FAMILIES.

InColoradoRevisedStatutes,26.5-2-207,amend(1),THE (2)(a),DEPARTMENT'S andCOMMITMENTS (2)(b);INTHE PARTNERSHIP INCLUDE, BUTARENOT LIMITED TO:

and(I) addCLEAR (3)AND asFREQUENT follows:COMMUNICATION, INCLUDING REGULAR RECOMMENDATIONS TO SUPPORT THE SMOOTH FUNCTIONING OF THE PARTNERSHIP;

(II)TIMELY RESOLUTION OF ISSUES AND DISPUTES;

(Ill)MAINTAINING A CLEAR CHAIN OF COMMAND THAT OFFERS A COUNCIL OPPORTUNITIES TO CONNECT DIRECTLY WITH PROGRAM SPECIALISTS AND DEPARTMENT LEADERSHIP;

AND (IV) MAINTAINING TIMELY CONTRACTING, INVOICING, AND REIMBURSEMENT IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT.

SECTION 6.

In Colorado Revised Statutes, 26.5-2amend ( 1), (2)(a), and (2)(b);

add (3)as follows:

(1) (a) A local council may request a waiver ofo anyrulef any rule that would preventacouncilfromimplementingcouncilprojectsINACCORDANCEWITHprevent THECOUNCILa 'SCOMMUNITYSTRATEGICPLANcouncil .Thelocalcouncilshallsubmitfrom theimplementing requestcouncil toprojects theINACCORDANCEWITH earlyTHECOUNCIL'S childhoodCOMMUNITY leadershipSTRATEGICPLAN. commission created in part 3 of article 1 of this title 26.5.

The earlylocal childhoodcouncil leadershipshall commissionsubmit shallthe consultrequest withto thetearly affectedchildhood stateleadership agencyconnnission created in reviewingpart the3 request.of article 1 ofthis title 26.5.

The early childhood leadership commission shall consult with the affected state agency in reviewing the reqttest....!fhe PAGE 8-SENATE BILL 26-019 department orOIothet other affected state agencDEPARTMENTagencyDEPARTMENT. .

THE EXECUTIVE DIRECTOR shall grant waivers upon recommendation by the commission DEPARTMENTDEPARTMENT. .

(b) IF A COUNCILCOUNCIL'S S WAIVER REQUEST FALLS OUTSIDE THE PURVIEW OF THE DEPARTMENTDEPARTMENT, ,THETHE DEPARTMENT SHALL ASSIGN A LIAISON TO CONSULT WITH THE AFFECTED STATE AGENCYAGENCY. .

(c) TTHE HE EXECUTIVE DIRECTOR SHALL ESTABLISH BY RULE THE REQUIREMENTS FOR THE WAIVER PROCESSPROCESS, , INCLUDING THE FORMAT AND CONTENT OF A COUNCILCOUNCIL'S S WAIVER REQUESTREQUEST, , THE CRITERIA FOR THE EXECUTIVEDIRECTORTOGRANTAREQUESTTOWAIVEADEPARTMENTRULEEXECUTIVEDIRECTORTOGRANTA ,REQUESTTOWAIVE A DEPARTMENTRULE, AND ASSOCIATED TIMELINESTIMELINES. .

(2) (a) The executive director shallshallprnmulgate promulgate ADOPT rules to develop and distribute to councils the application form and application processtobeusedbyeachcouncilseekingtoreceivecouncilinfrastructure,process qualityimprovement,to be used by each council seeking to receive council infrastructure, quality improvement, AND technicalassistanceandevaluationfundingfromtechnical assistancandevaluation funding from the early childhood cash fund created in section 26.5-2-209 and other funding sources appropriated for early childhood services.

(b) Thedepartmentshall,uponreceipt,reviewapplicationsforearlyThe childhoodfundingfromtheearlychildhoodcashfundestablishedinsectiondepartment 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 sourcessoutees FROM MONEY appropriated FROM OTHER SOURCES for early childhood services.

(3)(3)THE THERULESMUSTINCLUDEINFORMATIONABOUTTHEAGREEMENTRULES TERMINATIONPROCESSMUSTINCLUDEINFORMATIONABOUTTHEAGREEMENT ,APPLICATIONPROCESSTERMINATION ,ANDASSOCIATEDTIMELINESPROCESS, APPLICATION PROCESS,ANDASSOCIATEDTIMELINES IF A COUNTY RECONFIGURES OR DESIGNATES A NEW CONVENING ENTITYENTITY. .

Earlychildhoodcouncils-performancereviewandEarlychildhood councils- performance review and accountability - rules - report.

(1)(a) THEEXECUTIVEDIRECTORSHALLADOPTRULESESTABLISHINGTHEEXECUTIVEDIRECTORSHALLADOPTRULES APROCESSTHATSATISFIESTHEREQUIREMENTSOFTHISSECTIONTOREVIEWESTABLISHING A PROCESSTHAT SATISFIES THE REQUIREMENTS OFTHIS SECTIONTO REVIEW THE PERFORMANCE OF EACH COUNCILCOUNCIL. .

EGINNINGBEGINNING ON OR BEFORE JULY 1, 2027, THE DEPARTMENT SHALL IMPLEMENT THE REVIEW PROCESS PAGE 9-SENATE BILLB IL L 26-019 ESTABLISHED IN RULE BY WHICH THE DEPARTMENT AT LEAST ANNUALLY REVIEWS THE PERFORMANCE OF EACH COUNCIL IN SERVING THE COUNCIL'S COMMUNITYCOMMUNITY, , INCLUDING IMPLEMENTING THE APPROVED COMMUNITY STRATEGIC PLAN AND SCOPE OF WORKWORK. .

URINGDURING THE REVIEW PROCESS,THEPROCESS, THE DEPARTMENT SHALLSHALL, AT A MINIMUMMINIMUM: :

(I)(I)REVIEW REVIEW THE COUNCILSCOUNCIL'S PERFORMANCE UNDER THE AGREEMENT USING THE ACCOUNTABILITY METRICS ESTABLISHED WITH THE SCOPE OF WORKWORK;AND ;AND (II) AAT T INTERVALS RANGING FROM THREE TO FIVE YEARSYEARS, ,ASAS DETERMINED BY THE DEPARTMENTDEPARTMENT, , SOLICIT INPUT FROM FAMILIESFAMILIES; ;

PROVIDERSPROVIDERS; ;MEMBERS OFTHE EARLY CHILDHOOD WORKFORCE ;LOCALAND TRIBAL AGENCIES ;LOCAL GOVERNMENTS ;

ADMINISTRATIVEMEMBERS UNITS ,AS DEFINEDINSECTION 22-20-103;HEAD START AGENCIES ;FAMILYRESOURCE CENTERS ,AS DEFINED IN SECTION26.5-3-102;COUNTY DEPARTMENTS OF HUMANORSOCIALSERVICES ;ANDOTHERINTERESTEDPERSONSWITHINTHE COMMUNITY CONCERNING THE PERFORMANCE OF THE EARLY CHILDHOOD COUNCILWORKFORCE; .

(b)LOCAL (I) ITHE DEPARTMENT DETERMINES THAT THE COUNCIL IS NOT MEETINGTHEREQUIREMENTSOFTHESCOPEOFWORKANDACCOUNTABILITY METRICS CONTAINED IN THE AGREEMENT ,OR IS NOT PERFORMING AT THE LEVELREQUIREDTOSUCCESSFULLYIMPLEMENTTHECOMMUNITYSTRATEGIC PLANANDTOENSURETHATTHECOMMUNITYSUBSTANTIALLYMEETSLOCAL AND STATEWIDETRIBAL GOALSAGENCIES; FOR THE PROVISION OF EARLY CHILDHOOD AND FAMILY SUPPORT PROGRAMS AND SERVICES , THEN THE DEPARTMENT MAY REQUIRETHECOUNCILTOIMPLEMENTAPERFORMANCEIMPROVEMENTPLAN .

(II)LOCAL THEGOVERNMENTS; DEPARTMENT SHALL PROVIDE ONGOING TECHNICAL ASSISTANCE, SUPPORT,AND FEEDBACK TO THE COUNCIL AS THE COUNCIL IMPLEMENTS A PERFORMANCE IMPROVEMENT PLAN .

(III)ADMINISTRATIVE IUNITS, THEAS DEPARTMENTDEFINED DETERMINES THAT THE COUNCIL HAS FAILEDTOMAKESUBSTANTIALPROGRESSTOWARDADDRESSINGTHEISSUES IDENTIFIED IN THESECTION PERFORMANCE22-20-103; IMPROVEMENT PLAN WITHIN THE TIME FRAME IDENTIFIED IN THE PLANTHE DEPARTMENT SHALL TERMINATE THE COUNCIL S AGREEMENT .

ONHEAD ORSTART BEFOREAGENCIES; JULY 1, 2027, THE EXECUTIVE DIRECTORSHALLADOPTRULESGOVERNINGTHEPROCESSFORTERMINATING AN AGREEMENT .

PAGEFAMILY 10-SENATERESOURCE BILLCENTERS, 26-019AS (IV)DEFINED ON OR BEFORE JULY 1,2027,THE EXECUTIVE DIRECTOR SHALL ADOPT RULES ESTABLISHING OBJECTIVE ,MEASURABLE CRITERIA THAT THE DEPARTMENT SHALL APPLY IN REQUIRINGSECTION A26.5-3-102; COUNCIL TO IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN .

(2) IF A COUNCIL HAS FAILED TO MEET THE REQUIREMENTS OF THE SCOPE OF WORK AND ACCOUNTABILITY METRICS CONTAINED IN THE AGREEMENT ,THE DEPARTMENT SHALL NOTIFY THE BOARD OR BOARDS OF COUNTY COMMISSIONERSDEPARTMENTS THAT DESIGNATED THE CONVENING ENTITY PURSUANT TO SECTION 26.5-2-203 (3).HE EXECUTIVE DIRECTOR SHALL ADOPT RULES ADDRESSING THE PROCESS FOR A BOARD OR BOARDS OF COUNTYHUMAN COMMISSIONERS TO APPOINT A NEW CONVENING ENTITY IF THE DEPARTMENT TERMINATES AN AGREEMENT DUE TO A COUNCIL 'S PERFORMANCEISSUES .THERULESMUSTALSOADDRESSHOW FORANYAREA WITHIN THE STATE FOR WHICH A COUNCIL IS NOT ESTABLISHED ,OR FOR WHICHANEXISTINGCOUNCILISNOTFULLYCAPABLEOFIMPLEMENTINGALL ASPECTS OF THE COMMUNITY STRATEGIC PLAN , THE DEPARTMENT WILL ENSURE ,TOTHEGREATESTEXTENTPOSSIBLE ,CONTINUITYOFTHEDELIVERY OF SERVICES REQUIRED PURSUANT TO THIS PART 2FOR THE AREA ,UNTIL A COUNCIL IS ESTABLISHED OR ANSOCIAL EXISTINGSERVICES; COUNCIL IS FULLY CAPABLE OF IMPLEMENTING ALL ASPECTS OF THE COMMUNITY STRATEGIC PLAN .

(3) B EGINNING INJANUARY 2028, AND INOTHER JANUARYINTERESTED EVERYPERSONS YEARWITHIN THEREAFTER , THE DEPARTMENTCOMMUNITY SHALLCONCERNING INCLUDETHE ,PERFORMANCE AS PART OF ITS PRESENTATIONDURINGITS "SMARTA CT"HEARINGREQUIREDBYSECTION 2-7-203, INFORMATION CONCERNING COUNCILS ' PROGRESS TOWARD ACHIEVING ACCOUNTABILITY METRICS AS SHARED WITH THE DEPARTMENTEARLY PURSUANTCHILDHOOD TOCOUNCIL. SECTION 26.5-2-206 (1)(f).

(b) (IIF THE DEPARTMENT DETERMINES THAT THE COUNCIL IS NOT MEETINGTHE REQUIREMENTS OFTHESCOPEOF WORKAND ACCOUNTABILITY METRICS CONTAINED IN THE AGREEMENT, OR IS NOT PERFORMING AT THE LEVELREQUIREDTOSUCCESSFULLY IMPLEMENTTHECOMMUNITY STRATEGIC PLAN ANDTO ENSURETHATTHECOMMUNITY SUBSTANTIALLY MEETS LOCAL AND STATEWIDE GOALS FOR THE PROVISION OF EARLY CHILDHOOD AND FAMILY SUPPORT PROGRAMS AND SERVICES, THEN THE DEPARTMENT MAY REQUIRETHECOUNCILTO IMPLEMENTAPERFORMANCE IMPROVEMENTPLAN.

(II) THE DEPARTMENT SHALL PROVIDE ONGOING TECHNICAL ASSISTANCE, SUPPORT, AND FEEDBACK TO THE COUNCIL AS THE COUNCIL IMPLEMENTS A PERFORMANCE IMPROVEMENT PLAN.

(III)IF THE DEPARTMENT DETERMINES THAT THE COUNCIL HAS FAILEDTO MAKE SUBSTANTIALPROGRESSTOWARD ADDRESSING THE ISSUES IDENTIFIED IN THE PERFORMANCE IMPROVEMENT PLAN WITHIN THE TIME FRAME IDENTIFIED IN THE PLAN, THE DEPARTMENT SHALL TERMINATE THE COUNCIL'S AGREEMENT.

ON OR BEFORE JULY 1, 2027, THE EXECUTIVE DIRECTORSHALLADOPTRULES GOVERNINGTHE PROCESS FORTERMINATING AN AGREEMENT.

PA G E 10-SENATE BILL 26-019 (IV) ON OR BEFORE JULY 1,2027,THE EXECUTIVE DIRECTOR SHALL ADOPT RULES ESTABLISHING OBJECTIVE, MEASURABLE CRITERIA THAT THE DEPARTMENT SHALL APPLY IN REQUIRING A COUNCIL TO IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN.

(2) IF A COUNCIL HAS FAILED TO MEET THE REQUIREMENTS OF THE SCOPE OF WORK AND ACCOUNTABILITY METRICS CONTAINED IN THE AGREEMENT, THE DEPARTMENT SHALL NOTIFY THE BOARD OR BOARDS OF COUNTY COMMISSIONERS THAT DESIGNATED THE CONVENING ENTITY PURSUANT TO SECTION 26.5-2-203 (3)THE EXECUTIVE DIRECTOR SHALL ADOPT RULES ADDRESSING THE PROCESS FOR A BOARD OR BOARDS OF COUNTY COMMISSIONERS TO APPOINT A NEW CONVENING ENTITY IF THE DEPARTMENT TERMINATES AN AGREEMENT DUE TO A COUNCIL'S PERFORMANCE ISSUES.

THE RULES MUSTALSO ADDRESS HOW, FORANY AREA WITHIN THE STATE FOR WHICH A COUNCIL IS NOT ESTABLISHED, OR FOR WHICH AN EXISTING COUNCIL ISNOT FULLY CAPABLE OF IMPLEMENTING ALL ASPECTS OF THE COMMUNITY STRATEGIC PLAN, THE DEPARTMENT WILL ENSURE,TOTHEGREATESTEXTENTPOSSIBLE, CONTINUITYOFTHEDELIVERY OF SERVICES REQUIRED PURSUANT TO THIS PART 2FOR THE AREA, UNTIL A COUNCIL IS ESTABLISHED OR AN EXISTING COUNCIL IS FULLY CAPABLE OF IMPLEMENTING ALL ASPECTS OF THE COMMUNITY STRATEGIC PLAN.

(3) BEGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL INCLUDE, AS PART OF ITS PRESENTATION DURING ITS "SM ART ACT" HEARING REQUIRED BY SECTION 2-7-203, INFORMATION CONCERNING COUNCILS' PROGRESS TOWARD ACHIEVING ACCOUNTABILITY METRICS AS SHARED WITH THE DEPARTMENT PURSUANT TO SECTION 26.5-2-206 (l)(t).

In Colorado Revised Statutes,Statuterepeal repeal 26.5-2-208.

In Colorado Revised Statutes,Statutesadd add 26.5-2-210 as follows:

Transfer ofoffunctions functions - legislative intent.

(1) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT ON AND AFTER ULYJULY 1, 2026, THE STATEWIDE SYSTEM OF EARLY CHILDHOOD COUNCILS IS RESPONSIBLE FOR EXECUTING,ADMINISTERINGEXECUTING, ,PERFORMINGADMINISTERING, ,PERFORMING, AND ENFORCING THE RIGHTSRIGHTS, ,POWERS, POWERSDUTIES, ,FUNCTIONS, DUTIESAND ,PA FUNCTIONSG ,E ANDI PAGEI-SEN 11-SENATEA BILLTE 26-019BILL26-019 OBLIGATIONS VESTED BEFORE JULY 1,1,2026, 2026ININ THE LOCAL COORDINATING ORGANIZATIONS ESTABLISHED PURSUANT TO PART 1OF THIS ARTICLE2,ASARTICLE 2, AS IT EXISTED PRIOR TOULYTO JULY 1, 2026.

(2) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE RIGHT,RIGHTS, POWERSPOWERS, ,DUTIES,FUNCTIONSDUTIES, ,ANDFUNCTIONS, AND OBLIGATIONS CONCERNING SUPPORTING ACCESS TO AND DELIVERY OF EARLY CHILDHOOD AND FAMILY SUPPORT PROGRAMSANDSERVICESARETRANSFERREDTOTHESTATEWIDESYSTEMOFPROGRAMS AND SERVICESARETRANSFERREDTOTHESTATEWIDESYSTEM OF EARLY CHILDHOOD COUNCILSCOUNCILS, ,EFFECTIVEEFFECTIVE JULY 1, 2026.

(3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT ANY MONEY THEDEPARTMENTALLOCATESTOSUPPORTATRANSITIONPERIODEXTENSIONTHEDEPARTMENTALLOCATESTO PURSUANTTOSUBSECTIONSUPPORTATRANSITION (7)OFTHISSECTIONBEAONEPERIOD -TIMEEXPENDITUREEXTENSION PURSUANTTO SUBSECTION(7) OFTHIS SECTION BEA ONE-TIME EXPENDITURE AND NOT BE A SOURCE OF ONGOING PROGRAM FUNDING OR A BASELINE ADJUSTMENTADJUSTMENT. .

(4) A LOCAL COORDINATING ORGANIZATION RETAINS THE RIGHTSRIGHTS, ,POWERS, POWERSDUTIES, ,DUTIES,FUNCTIONSFUNCTIONS, ,ANDOBLIGATIONSNECESSARYTOSATISFYTHEAND REQUIREMENTSOFACOORDINATORAGREEMENTINFORCEPRIORTOOBLIGATIONS JULYNECESSARYTOSATISFYTHE 1,REQUIREMENTS 2026.A N EARLY CHILDHOOD COUNCIL MAY SUBCONTRACT THE PROVISION OF SERVICESA DESCRIBEDCOORDINATORAGREEMENT IN THISFORCE PARTPRIORTO 2 TO A LOCAL COORDINATING ORGANIZATION THAT IS ESTABLISHED PRIOR TO JULY 1, 2026AND2026. THAT IS NOTALSOANEARLYCHILDHOODCOUNCIL .ANEARLYCHILDHOODCOUNCIL MAYSUBCONTRACTTHEPROVISIONOFSERVICESDESCRIBEDINTHISPART 2, INCLUDING AFTER ULY 1, 2026IF THE SUBCONTRACTING IS CONSISTENT WITHTHECOUNCIL 'SAPPROVEDAGREEMENTANDDEPARTMENTOVERSIGHT .

(5)AN THE RULES PERTAINING TO THE RIGHTS , POWERS , DUTIES, FUNCTIONS ,ANDOBLIGATIONSTRANSFERREDTOTHESTATEWIDESYSTEMOF EARLY CHILDHOOD COUNCILSCOUNCIL THATMAY ARESUBCONTRACT ADOPTED BY THE EXECUTIVEPROVISION DIRECTORANDAREINEFFECTASOFOF JULY 1,2026,CONTINUEINEFFECTAND APPLY TO THE DEPARTMENT AND PERSONS PROVIDING THE SERVICES DESCRIBED IN PART 1 OF THIS ARTICLE2PART AS2 ITTO EXISTEDA PRIORLOCAL TOJULYCOORDINATING 1,ORGANIZATION 2026,THAT UNTILIS REPLACEDESTABLISHED BYPRIOR RULESTO ADOPTEDJULY BY1,2026, THEAND EXECUTIVETHAT DIRECTORIS PURSUANTNOT TOALSO THISAN PARTEARLY 2CHILDHOOD ONCOUNCIL. OR BEFORE JULY 1, 2027.

(6)AN OEARLY NCHILDHOOD ANDCOUNCIL AFTERMAY JULYSUBCONTRACTTHE 1, 2026UNLESS OTHERWISE SPECIFIED ,IF A PROVISION OF LAWSERVICES REFERSDESCRIBED TOINTHIS APART2, LOCALINCLUDING COORDINATINGAFTER ORGANIZATIONJULY WITHREGARDTOTHERIGHTS1,2026, ,POWERSIF DUTIESTHE FUNCTIONSSUBCONTRACTING ,OROBLIGATIONS SPECIFIED IN SUBSECTION(1)OF THIS SECTION,THE LAW IS CONSTRUEDCONSISTENT ASWITHTHECOUNCIL'SAPPROVEDAGREEMENTAND PAGEDEPARTMENTOVERSIGHT. 12-SENATE BILL 26-019 REFERRING TO AN EARLY CHILDHOOD COUNCIL .

(7)(5) (a)THE NOTWITHSTANDINGRULES ANYPERTAINING OTHERTO PROVISIONTHE OFRIGHTS, THISPOWERS, PARTDUTIES, 2,FUNCTIONS, IFAND THEOBLIGATIONSTRANSFERREDTOTHE TRANSFERSTATEWIDESYSTEMOF OFEARLY RIGHTSCHILDHOOD ,COUNCILS DUTIES,THAT FUNCTIONSARE ,ADOPTED ANDBY OBLIGATIONSTHE DESCRIBEDINTHISSECTIONREQUIRESTHECONSOLIDATIONEXECUTIVE ,REASSIGNMENTDIRECTORAND ,ARE ORIN MATERIALEFFECT MODIFICATIONAS OFOFJULY THE1, DUTIES2026, OFCONTINUE ANIN ORGANIZATIONEFFECT AND APPLY TO THE DEPARTMENT AND PERSONS PROVIDING THE SERVICES DESCRIBED IN PART 1OF1 OF THIS ARTICLE 2,2 AS IT EXISTED PRIOR TO JULY 1, 2026,OR2026, ANUNTIL EARLYREPLACED CHILDHOODBY COUNCILRULES ,THEADOPTED DEPARTMENTBY MAYTHE AUTHORIZEEXECUTIVE ADIRECTOR ONEPURSUANT TIMETO EXTENSIONTHIS OFTHEPART TRANSITION2 PERIODON .OR BEFORE JULY 1,2027.

HE(6) TRANSITIONON PERIODAND MUSTAFTER CONCLUDEJULY ON1,2026, ORUNLESS BEFOREOTHERWISE JULYSPECIFIED, 1,IF 2029,A ANDPROVISION OF LAW REFERS TO A LOCAL COORDINATING ORGANIZATION WITH REGARDTOTHE RIGHTS, POWERS, DUTIES, FUNCTIONS, OROBLIGATIONS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THE LAW IS NOTCONSTRUED SUBJECTAS PA G E 12-SEN A TE BILL 26-019 REFERRING TO FURTHERAN EXTENSIONEARLY .CHILDHOOD COUNCIL.

(b)(7)(a) DNOTWITHSTANDING URINGANY AOTHER TRANSITIONPROVISION PERIODOF EXTENSIONTHIS AUTHORIZEDPART PURSUANT2, TOIF SUBSECTIONTHE (7)(aOFTHISSECTIONTRANSFER ,THEOF DEPARTMENTRIGHTS, MAYDUTIES, ,FUNCTIONS, AS NECESSARY TO SUPPORT THE ADMINISTRATION AND COORDINATIONOBLIGATIONS OFDESCRIBED EARLYINTHIS CHILDHOODSECTION PROGRAMSREQUIRES ANDTHECONSOLIDATION, SERVICESREASSIGNMENT, ,OR MAINTAINMATERIAL SEPARATEMODIFICATION CONTRACTSOF WITHTHE ANDUTIES EARLYOF CHILDHOOD COUNCIL AND AN ORGANIZATION PROVIDING THE SERVICES DESCRIBED IN PART 1OF1 OF THIS ARTICLE 2,2,AS AS IT EXISTED PRIOR TO JULY 1, 2026.2026,OR AN EARLY CHILDHOOD COUNCIL, THE DEPARTMENT MAY AUTHORIZE A ONE-TIME EXTENSION OF THE TRANSITION PERIOD.

(c) O N OR BEFORE JANUARY 1, 2029, THE DEPARTMENTTRANSITION SHALLPERIOD SUBMITAWRITTENREPORTTOTHEJOINTBUDGETCOMMITTEE .T HEREPORT MUST INCLUDECONCLUDE ANON ANALYSISOR OFBEFORE TRANSITIONJULY COSTS1, AND2029, EXPENDITURES , OPERATIONAL READINESS ,AND RECOMMENDATIONS FOR ANY LEGISLATIVE CHANGES NECESSARY TO FACILITATE LOCAL EARLY CHILDHOOD SERVICES ADMINISTRATION , COORDINATION , AND CONTRACTINGIS FOLLOWINGNOT ASUBJECT TRANSITION PERIOD AUTHORIZED PURSUANT TO SUBSECTIONFURTHER (7)(a)OFTHISEXTENSION. SECTION .

(b) DURING A TRANSITION PERIOD EXTENSION AUTHORIZED PURSUANT TO SUBSECTION (7)(a)OF THIS SECTION, THE DEPARTMENT MAY, AS NECESSARY TO SUPPORT THE ADMINISTRATION AND COORDINATION OF EARLY CHILDHOOD PROGRAMS AND SERVICES, MAINTAIN SEPARATE CONTRACTS WITH AN EARLY CHILDHOOD COUNCIL AND AN ORGANIZATION PROVIDING THE SERVICES DESCRIBED IN PART 1 OF THIS ARTICLE 2,AS IT EXISTED PRIOR TO JULY 1, 2026.

(c) ON OR BEFORE JANUARY 1, 2029, THE DEPARTMENT SHALL SUBMITA WRITTEN REPORTTOTHE JOINT BUDGET COMMITTEE.

THE REPORT MUST INCLUDE AN ANALYSIS OF TRANSITION COSTS AND EXPENDITURES, OPERATIONAL READINESS, AND RECOMMENDATIONS FOR ANY LEGISLATIVE CHANGES NECESSARY TO FACILITATE LOCAL EARLY CHILDHOOD SERVICES ADMINISTRATION, COORDINATION, AND CONTRACTING FOLLOWING A TRANSITION PERIOD AUTHORIZED PURSUANT TO SUBSECTION (7)(a)OF THIS SECTION.

In Colorado Revised Statutes,Statutes,26.5-1-103,amend 26.5-1-103,(4)as amend (4) as follows:

As used in this titleti26.5, 26.5, unless the context otherwise requires:

(4) "Local coordinating organization" means the entity selected by the department pursuant to sectionsectio26.5-2-103 26.5-2-103IORPRIOR TO JULY 1, 2026,2026,to to implement a community plan for increasing access to, coordinating, and allocating funding for early childhood and family support programs and PAGEPA G E 13-SENATE BILL 26-019 services within a specified community.

(2) (i) In reviewingandmakingrecommendationsreviewing and making recommendations concerning rules and in preparing other recommendations for the executive director, the council shall strive to develop recommendations that are detailed and measurable and consider the impacts on children, parents, families, providers, school districts, counties, and local coordinating organizationsmganizations EARLY CHILDHOOD COUNCILSCOUNCILS. .

TheRULESThe RULES ADVISORY council must approve recommendations by a majority vote and provide those recommendations to the executive director in writing.

Members ofofthe the council voting in the minority may submit a written explanation of their opposition to the recommendations to the executive director.

In Colorado Revised Statutes, 26.5-1-109, amend (1)(i)(l)(i) as follows:

(i) Collaborate with other state departments, local and tribal agencies,andlocalcoordinatingorganizationsagencies, EARLYCHILDHOODCOUNCILSandlocal COOidinatingOIganizations EARL y CHILDHOODCOUNCILS to safely collect and share data, eliminating duplication of data collection when possible, while ensuring privacy and security for children and families, to enable the department to gauge the statewide quality, availability, capacity, and delivery of early childhood and family support programs and services;

(1) ThedepartmentshallworkwithlocalcoordinatingorganizationsThedepartmentshallworkwithlocal EARLYCHILDHOODCOUNCILScoordinatingorganizations ,stateEARL yCHILDHOOD COUNCILS, state agencies, local and tribal agencies, and providers, as necessary, to collect, share, manage, and protect qualitative and quantitative data pertaining to early childhood and family support programs and services.

The departmentdepaitment shall review and analyze the collected data to assess:

(c) Information that enables the department, local coordinatingcomdinating organizations EARLY CHILDHOOD COUNCILSCOUNCILS, , and local and tribal agencies to assess on a continuing basis the needs for early childhood and family supportprogramsandservicesinanareaandmakedecisionsconcerningthesupportprogramsandservices provisionin ofanareaandmakedecisions programsconcerningthe provision ofprograms and services;

In Colorado Revised Statutes, 26.5-1-112, amend (1)(d)(l)(d) as follows:

Transitionreview-programreview-report-repeal.Transition review-program review-report- repeal.

(1) (d) In conducting the reviews and making recommendations pursuanttothissubsection(1),theindependentevaluatorshallsolicitinputpursuantto this subsection (1), the independent evaluator shall solicit input through a process that includes participation by the populations served by the programs;

the providers and members ofofthe the workforce working in the programs;localcoordinatingorganizations;programs;

state,local,andtribalagencieslocal involvedcoordinating inorganizations; implementing the programs;

state, local, andtribal agencies involved in implementing the programs;

(4) The department, working with early childhood councils as defined in section 26.5-2-202 AND county departments, andat'ld local coordinatingeomdinating organizations as defined in section 26.5-2-102 shall identify and recruit providers throughout the state to participate in the child care assistanceprogram.Inidentifyingandrecruitingproviders,thedepartmentassistanceprogram. PAGE 15-SENATE BILL 26-019 and local coordinating organizationsEARLY CHILDHOOD COUNCILS shall establish a mixed delivery system of public and private providers in communities throughout the state that enables parents to select CCCAP providers for their children from as broad a range as possible within their respective communities.

In identifying and recruiting providers, the department PAGE 15-SENATE BILL 26-019 and local coo1dinating mgani:zations EARLY CHILDHOOD COUNCILS shall establish a mixed delivery system of public and private providers in communities throughout the state that enables parents to select CCCAP providers for their children from as broad a range as possible within their respective communities.

(11) A provider or a local coordinatingcoo1dinating organization, as defined in section26.5-2-102section ANEARLYCHILDHOODCOUNCIL26.5-2-102 ,ASDEFINEDINSECTIONAN EARLY CHILDHOOD COUNCIL, AS DEFINED IN SECTION 26.5-2-202, may accept a family's CCCAP application and submit ititTHE THE APPLICATION to the county on behalf of a family seeking child care assistance.

(d) May use its THE COUNTYCOUNTY'S S CCCAP allocation to provide enrollment contracts or grants to early care and education providers:

To support implementation of the local community plan describeddesc1ibed in section 26.5-2-104 APPLICABLE EARLY CHILDHOOD COUNCIL COMMUNITY STRATEGIC PLAN DESCRIBED IN SECTION 26.5-2-204;

to increase the supply andimprovethequalityofand childcareforinfantsandtoddlers,childrenwithimprove the quality ofchild care for infants and toddlers, children with disabilities, after-hours care, and children in underserved neighborhoods;

toprovidestabilityfortheearlychildhoodsector;andtoimprovealignmenttoprovide withstability theforthe provisionearly ofchildhoodsector; additional preschool services, as defined in section 26.5-4-203, to working families who need additional care;

SECTION17.and to improve alignment with the provision of additional preschool services, as defined in section 26.5-4-203, to working families who need additional care;

InColoradoRevisedStatutes,26.5-4-203,repeal(5)SECTION and17. (11);

InColoradoRevised Statutes, 26.5-4-203, repeal (5) and (11);

(5) "Communityplan"meansthecommunityplanadoptedbyalocal"Community plan"means the community planadopted by alocal PAGE 16-SENATE BILL 26-019 coordinating organization pursuantptttsuant to section 26.5-2-104.

(5.5) "EARLY"EARLYCHILDHOODCOUNCIL" CHILDHOODMEANSANEARLYCHILDHOOD COUNCIL "MEANS AN EARLY CHILDHOOD COUNCIL IDENTIFIED OR ESTABLISHED LOCALLY IN COMMUNITIES THROUGHOUTTHROUGHOUTTHESTATEPURSUANTTOSECTION26.5-2-203. THE STATE PURSUANT TO SECTION 26.5-2-203.

(11) "Localcoordinatingorganization"meanstheentityselectedby"Local coordinating organization" means the entity selected by the department pursuant to section 26.5-2-103 to implement a community plan forfot earlyeatly childhood and family support programsptogtams and servicesset vices within a specified community.

(2) For the 2023-24 school year and each school year thereafter, subject to the availability and enrollment capacity ofofpreschool preschool providers, parents throughout thestatemayenrolltheirthe state may enroll their children, free ofofcharge, charge, in ten hours per week of publicly funded preschool services for the school year preceding the school year in which the children are eligible to enroll in kindergarten.

The department, working with local coordinating organizations EARLY CHILDHOOD COUNCILSCOUNCILS, , shall identify and recruit preschool providers throughout the state to participate in the Colorado universal preschool program.

In identifying and recruiting preschool providers, the department and local coordinating organizations EARLY CHILDHOOD COUNCILS shall, to the extent practicable, establish a mixed deliverysystemincommunitiesthroughoutthestatethatenablesparentstodelivery system in communities throughout the state that enables parents to select preschool providers for their children from as broad a range as possible within their respective communities.

In Colorado Revised Statutes, 26.5-4-205, amend (1)(b)(I)(l)(b)(I) as follows:

(1)(b)(I)(1) Exceptasprovidedinsubsection(1)(b)(II)ofthissection,(b) thedepartmentshallensurethateachpreschoolproviderthatparticipatesin(I) Except as provided in subsection (I)(b)(II) ofthis section, the department shall ensure that eachpreschool providerthatparticipates in the preschool program meets the quality standards established by rule in PAGE 17-SENATE BILL 26-019 accordance with this section.

The department may work with a local coordinating organizationANorganization AN EARLY CHILDHOOD COUNCIL to ensure that a preschool provider meets the quality standards.

The department may prohibit a preschool provider that fails to meet one or more ofofthe the quality standards from participating in the preschool program.

(3) The department shall communicate the evaluations and recommendations of the independent evaluator to families, communities, preschool providers, local coordinating organizationsEARLYorganizations EARLY CHILDHOOD COUNCILSCOUNCILS, , the state board of education, and the general assembly, as appropriate,toinformandimproveearlychildhoodteachingandeducationappropriate, to inform and improve early childhoodteaching and education and policy-making related to early childhood education.

In Colorado Revised Statutes, 26.5-4-208, amend (1)(c),(l)(c), (1)(e),(l)(e), (3)(a), (3)(c)(II), and (3)(c)(IV) as follows:

(1)(c) Inestablishingtheformulaforadditionalpreschoolservices,In establishingthe formula for additional preschool services, in addition to the considerations specified in subsection (1)(a)(l)(a) of this section,thedepartmentmayconsidertheamountoflocalfundingavailablesection, the department may considerthe amount oflocal funding available to assist families within a community based on the communitycommuniey plan APPLICABLE EARLY CHILDHOOD COUNCIL COMMUNITY STRATEGIC PLAN DESCRIBED IN SECTION 26.5-2-204 or available within an area that does not have a local coordinating organizationAN EARLY CHILDHOOD COUNCILCOUNCIL. .

A preschool provider is prohibited from charging a fee for additional preschoolservicestoafamilythatparticipatesinthepreschoolprogramthatpreschool servicestoafamilythatparticipates inthepreschoolprogramthat exceeds the amount charged to families that do not receive additional preschool services.

(e) In establishing the formulas and other distribution amounts, the departmentshallconsultwiththerulesadvisorycouncil,theearlychildhooddepartmentshall consultwiththerules advisorycouncil,theearlychildhood leadership commission, and members of the early childhood community, PAGE 18-SENATE BILL 26-019 includingparentsofpreschool-agechildren,preschooleducators,preschoolincludingparentsofpreschool-agechildren,preschool educators,preschool providers, early childhood councils, school districts, charter schools, representatives of county departments of human or social services, localfoeat coordinating organizations, and individuals with financial expertise in public and private funding sources for early childhood services.

(3) (a) Beginning in the 2023-24 fiscal year026-27year 2026-27 FISCAL YEAR and for each fiscal year thereafter, the department, working with localfoeat coordinatingeoordinating organizations as providedptovided in each local coordinatingeoordinating organization's coordinator agreement EARLYEARL y CHILDHOOD COUNCILS IN ACCORDANCE WITH EACH EARLY CHILDHOOD COUNCILCOUNCIL'S 'S AGREEMENT with the department, shall distribute the funding appropriated to the department for preschool services from the preschool programs cash fund and any amount received pursuant to section 26.5-4-209 (2).

The department and local coordinating organizations EARLYEARL CHILDHOODy COUNCILS , as applicable,shallbasetheamountsdistributedontheper-childratesandany special purpose distributions established for the applicable fiscal year pursuanttosubsection(1)ofthissection.Atthestartofeachfiscalyear,the department and local coordinating organizations EARLY CHILDHOOD COUNCILSCOUNCILS, , as applicable, shall distributebasethe aamounts portiondistributed ofontheper-child therates funding to preschool providers based on the numbers and typesany ofspecial eligiblepurpose childrendistributions expectedestablished tofor enroll in preschool as estimated in the communitySTRATEGICapplicable plansfiscal oryear aspursuantto estimatedsubsection by(1)ofthis thesection. department for an area that does not have a local coordinating organization AN EARLY CHILDHOOD COUNCIL .

TheAtthe start ofeach fiscal year, the department and local coordinating organizations EARLY CHILDHOOD COUNCILSCOUNCILS, ,asapplicable,shallcontinuedistributingportionsofthefundingas periodicallyapplicable, throughoutshall thedistribute schoola yearportion andof shallthe adjustfunding theto amountspreschool distributedproviders based on the actual numbers and types of eligible children enrolledexpected byto enroll in preschool providers.as estimated in the community STRATEGIC plans or as estimated by the department for an area that does not have a local coordinating organization AN EARLY CHILDHOOD COUNCIL.

(c)(II)The Thedepartmentandlocalcoordinatingorganizationsdepartment and local coordinating organizations EARLY CHILDHOOD COUNCILSCOUNCILS, , as applicable, shall distributecontinue thedistributingportions ofthe funding forperiodically preschoolthroughout servicesthe forschool childrenyear whoand areshall threeadjust yearsthe ofamounts agedistributed orbased youngeron asthe describedactual innumbers subsectionand (3)(c)(I)(B)types of thiseligible sectionchildren onlyenrolled toby preschool providersthatareschooldistrictsorcharterschoolsfortheeligiblechildrenproviders. who are three years of age and younger whom the school district or charter school enrolls in accordance with the preschool program;

except(c) that,(11) inThe adepartment fiscaland yearlocal ineoordinating whichorganizationsEARLY theCHILDHOOD generalCOUNCILS, assemblyas specificallyapplicable, appropriatesshall andistribute amountthe tofunding providefor preschool services for children who are three years of age or younger whoas do not have disabilities that exceeds the amount described in PAGE 19-SENATE BILL 26-019 subsection (3)(c)(I)(B)(3)(c)(l)(B) of this section,section theonly departmentto maypreschool distributeprovidersthatare inschool accordancedistricts withor charterschools for the applicableeligible communitychildren planswho STRATEGICare PLANSthree DESCRIBEDyears INofage SECTIONand 26.5-2-204younger allwhom orthe anyschool portiondistrict ofor thecharter excessschool appropriationenrolls amountin toaccordance community-basedwith the preschool providers.program;

except that, in a fiscal year in which the general assembly specifically appropriates an amount to provide preschool services for children three years of age or younger who do not have disabilities that exceeds the amount described in PAGE 19-SENATE BILL 26-019 subsection (3)(c)(l)(B) of this section, the department may distribute in accordance with the applicable community plans STRATEGIC PLANS DESCRIBED IN SECTION 26.5-2-204 all or any portion of the excess appropriation amount to community-based preschool providers.

(IV) In a fiscal year in which the amount described in subsection (3)(c)(I)(B) ofofthis this section to fund preschool services for children who are three years of age or younger is less than is required to fully fund the numberofnumber saideligiblechildrenwhoactuallyenrollforpreschoolservices,ofsaid eligible children who actually enroll for preschool services, the department shall first provide funding for the eligible children with disabilities and eligible children who are in low-income families and meet at least one qualifying factor and then provide funding for the remaining eligible children who are in low-income families.

If any amount of the appropriation described in subsection (3)(c)(I)(B) ofofthis this section remains, the department, working with the rules advisory council, the localtoeal coordinating organizations EARLY CHILDHOOD COUNCILSCOUNCILS, , and any other interested persons, shall establish the priority for distributing the funding among the remaining eligible children.

(5) AAFTER FTER ENSURING THE DELIVERY OF DIRECT SERVICES FOR ELIGIBLEELIGIBLECHILDREN, CHILDREN , the department mayusemay use money appropriated from the preschool programs cash fund for the administrative costs of local coordinatingorganizationscomdinatingorganizations INCURREDBYEARLYCHILDHOODCOUNCILSTHATINCURREDBYEARLy ARECHILDHOODCOUNCILSTHAT DIRECTLYAREDIRECTLYRELATEDTOTHEDELIVERYOFPRESCHOOLSERVICES. RELATED TO THE DELIVERY OF PRESCHOOL SERVICES .

In Colorado Revised Statutes, 26.5-4-210, amend (1) introductory portion, (1)(e),(l)(e), (1)(g)(VII),(l)(g)(VII), and (2) as follows:

(e) The amount of funding distributed to preschool providers through the preschool program, in total and disaggregated bycommunitiesby communities with local coordinating organizations EARLYEARL y CHILDHOOD COUNCILS and areas ofofthe the state that do not have local coordinating organizationsLYorganizatioEARLY CHILDHOOD COUNCILSCOUNCILS; ;

(g) OfOfthe the amount appropriated from the preschool programs cash fund,theamount,expressedasadollaramountandapercentageofthetotalfund, the amount, expressed as a dollar amount and apercentage ofthe total appropriation, that:

(VII) Was spent on administrative expenses ofofthe the department and each local coordinating organizationEARLYorganizationEARL y CHILDHOOD COUNCILCOUNCIL; ;

(2) The department may request and local coordinating organizations EARLY CHILDHOODCHILDHO0D COUNCILS andandpreschool preschool providers shall provide information as necessary for the department to prepare the report described in subsection (1) ofofthis this section.

In Colorado Revised Statutes, 24-101-105, amend (1)(a)(XVII)(l)(a)(XVII) as follows:

(1)(a)(1) Thiscodeappliestoallpubliclyfundedcontractsenteredinto(a) byallgovernmentalbodiesoftheexecutivebranchofthisstate;exceptthatThis thiscodeapplies codeto doesallpublicly notfunded applycontracts to:entered into by all governmental bodies ofthe executive branch ofthis state;

(XVII)exceptthat Thedepartmentofearlychildhoodinsolicitingandselectingthis APPROVINGcode entitiestoserveaslocalcoordinatingorganizationspursuanttodoes sectionnot 26.5-2-103apply EARLYto: CHILDHOOD COUNCILS PURSUANT TO SECTION 26.5-2-204 and coordinating agreements entered into pursuant to section 26.5-2-105 SECTION 26.5-2-206;

(XVII) Thedepartmentofearlychildhood insolicitingandselecting APPROVING entities to serve as -local coordinating organizations pursuantto section 26.5-2-103 EARLY CHILDHOOD COUNCILS PURSUANT TO SECTION 26.5-2-204 and coordinating agreements entered into pursuant to section 26.5-2-105 SECTION 26.5-2-206;

except that section 26.5-4-203 (5) and (11), Colorado Revised Statutes, as repealed in section 17 ofofthis this act, and section 26.5-4-208 (3)(a), (3)(c)(II), and(3)(c)(IV),ColoradoRevisedStatutes,asamendedinsection21ofthisand (3)(c)(IV), Colorado Revised Statutes, as amended in section 21 ofthis act, take effect July 1, 2026.

The general assembly finds, determines, and declares that this act is necessary for the immediate preservation ofofthe the public peace, health, or safety or for appropriations for PAGE 22-SENATE BILL 26-019 the support and maintenance of the departments of the state and state institutions.

____________________________ ____________________________ James Rashad Coleman, Sr.

Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________sther ____________________________ Esther van Mourik VanessaV ReillyanaR eilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________APPROVED on T~ o\°"il'V\Ol~~1-2.iJlJO-\.S;001""' (Date and Time)ime) _________________________________________I JaredJ S.G STATE OF OLORADO t1I PAGE 23-SENATE BILL 26-019

Polis GOVERNOR OF THE STATE OF COLORADO PAGE 23-SENATE BILL 26-019