HB 1282 — Eliminate Duplicative Regulation of School Child Care Centers

NOTE:

This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.

To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

CCONCERNING ONCERNING THE ELIMINATION OF DUPLICATIVE REGULATION OF SCHOOL DISTRICT CHILD CARE CENTERSCENTERS. .

Be it enacted by the GeneralGeneralAssembly Assemblyofthe of the State ofofColorado: Colorado:

(1)( 1) The general assembly finds that:

(a) ColoradoschooldistrictsprovidecomprehensiveeducationalandColoradoschool districtsprovidecomprehensiveeducationaland enrichment opportunities to students through before- and after-school-age programs;

(b) Colorado Revised Statutes and rules adopted by the Colorado state board ofofeducation education require the Colorado department ofofeducation education and other state agencies to extensively regulate and oversee school district Capital letters oror&bitalic bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is notnotpart part of the act.

operations,includingfireandradoninspections,playgroundequipment,andoperations, staffincludingfire training;andradon inspections,playgroundequipment, and stafftraining;

and (d) Theduplicativeandconflictingregulationsforaschooldistrict'sThe before-andafter-school-ageprogramssignificantlyincreaseadministrativeduplicative and conflictingregulations for aschool district's before-andafter-school-ageprograms significantlyincreaseadministrative costs, delaystaffdelay onboarding,staffonboarding, restrict student access and programcapacity,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 appropriatethatbefore-andafter-school-ageprogramsoperatedbyaschoolappropriatethatbefore- andafter-school-ageprograms operatedbyaschool district not be subject to conflicting or duplicative regulations from the Colorado department of education and the Colorado department of early childhood.

Licenses-rules-definition-appropriation-repeal.Licenses - rules - definition - appropriation - repeal.

(3) (b) (I) A child carecenterthatprovideschildcareexclusivelytocare school-agechildrenandoperatesonthepropertyofaschooldistrict,districtcenterthatprovides child care exclusively to school-agechildrenand operates onthepropertyofaschooldistrict, district charter school, or institute charter school may satisfy any fire or radon inspectionrequirementrequiredbylawbyprovidingacopyofasatisfactory fire or radon inspection report ofofthe 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.

PAGE 2-HOUSE BILL 26-1282 (II) ACHILDCARECENTERTHATPROVIDESCHILDCAREEXCLUSIVELYA TOCHILDCARECENTERTHATPROVIDES SCHOOLCHILDCAREEXCLUSIVELY -AGETO SCHOOL-AGE CHILDREN AND OPERATES ON THE PROPERTY OF A SCHOOL DISTRICT,DISTRICTCHARTERSCHOOLDISTRICT,DISTRICTCHARTERSCHOOL, ,ORINSTITUTECHARTERSCHOOLMAYORINSTITUTECHARTERSCHOOLMAY SATISFY ANY STAFF TRAINING OR MINIMUM SQUARE FOOTAGE OF FLOOR SPACE PERPERCHILD CHILD REQUIREMENTS REQUIRED BYBYLAW LAW BY PROVIDING TO THE DEPARTMENT DOCUMENTED EVIDENCE OF COMPLIANCE WITH SUBSTANTIALLY SIMILAR REQUIREMENTS IMPOSED BY THE CCOLORADO OLORADO DEPARTMENT OF EDUCATIONEDUCATION, ,EXCEPTEXCEPT THATTHAT, ,IFIF THE REQUIREMENTS OR MONITORING OF THOSE REQUIREMENTS IMPOSED BY THE CCOLORADO OLORADODEPARTMENTOFEDUCATION DEPARTMENTOFEDUCATIONDONOTMEETANYAPPLICABLEREQUIREMENTSDONOTMEETANY OFANYFEDERALGRANTSAPPLICABLEREQUIREMENTS IN-AIDADMINISTEREDBYOF ANY FEDERAL GRANTS-IN-AID ADMINISTERED BY THE DEPARTMENTDEPARTMENT, ,THETHE DEPARTMENT SHALL REQUIRE THE CHILD CARE CENTER TO MEET ANY APPLICABLE MINIMUM REQUIREMENTS OF THE FEDERAL GRANTSGRANTS-IN-AID. -IN-AID.

(e) (III)(III)The The department shall require an annual inspection ofo playgroundfacilitiesonthepropertywhereachildcarecenteroperates.Forf purposesofplayground aplaygroundfacilityinspection,thedepartmentshallacceptasfacilities satisfactoryon proof of valid certification of the playgroundproperty facility,where certification, or a copychild ofcare certification,center fromoperates. an individualY who islicensedorcertifiedtoperformplaygroundsafetyinspectionsthroughthe national recreation and park association, or other nationally recognized playgroundfacilitysafetyorganization,NCLUDING BUTNOTLIMITEDTO A PUBLIC HEALTH AGENCY .

TheFor purposes o f a playground facility inspection, the department shall notaccept requireas asatisfactory duplicateproof inspectiono iff valid certificationo f the playground facility, certification, or a satisfactorycopy inspectiono reportf wascertification, completedfrom withinan individual OR ENTITY who is licensed or certified to perform playground safety inspections through the precedingnational twelverecreation months.and park association, or other nationally recognized playground facility safety organization, INCLUDING, BUTNOTLIMITED TO, A PUBLIC HEALTH AGENCY.

SECTION4.The department shall not require a duplicate inspection i f a satisfactory inspection report was completed within the preceding twelve months.

InColoradoRevisedStatutes,26.5-5-313,add(7)asSECTION follows:4.

In Colorado Revised Statutes, 26.5-5-313add (7)as follows:

(7) THE DEPARTMENT SHALL REVIEW THE WAIVER PROCESS PAGE 3-HOUSE BILLB IL L 26-1282 REQUIREDBYTHISSECTIONANDTHEPROCESSFORAPPEALSFILEDPURSUANTREQUIRED BYTHIS SECTIONANDTHEPROCESS FORAPPEALS FILED PURSUANT TO SECTION 26.5-5-314 (5)AT LEAST ANNUALLYANNUALLY. .

The general assembly finds, determines, and declares that this act is necessary for the immediate PAGE 4-HOUSE BILL 26-1282 preservation ofofthe the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.

____________________________J ____________________________u Julie~ McCluskieames James Rashad Coleman, Sr.

SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________v ____________________________~ ~ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________Ui (Date~\..M and..St Time)2-01/41 _________________________________________~ Jared1 S.z .

Polis~ GOVERNOR~ OFate THEand STATETime) OFJared COLORADOS. PAGE 5-HOUSE BILL 26-1282

P GOVERN OF COLORADO PAGE 5-HOUSE BILL 26-1282