SENATE BILL 24-078
BY SENATOR(S) Marchman and Priola, Bridges, Buckner, Coleman,
Cutter, Exum, Fields, Gonzales, Hinrichsen, Jaquez Lewis,
Michaelson Jenet, Will, Winter F.;
also REPRESENTATIVE(S) Joseph and McLachlan, Amabile, Bird,
Boesenecker, Brown, Catlin, Daugherty, Duran, English, Epps, Garcia,
Hamrick, Hernandez, Herod, Jodeh, Lieder, Lindsay, Lindstedt, Lukens,
Marshall, Marvin, Mauro, McCormick, Ortiz, Ricks, Rutinel, Sirota,
Snyder, Story, Titone, Valdez, Velasco, Vigil, Willford, Woodrow,
McCluskie.
C
ONCERNING INCLUDING OUTDOOR NATURE -BASED PRESCHOOL PROGRAMS
AS A TYPE OF CHILD CARE CENTER IN THE DEPARTMENT OF EARLY
CHILDHOOD FOR LICENSING
-RELATED MATTERS, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) It is a priority of the state of Colorado to provide all Colorado
children access to high-quality early education;
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.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) Early childhood education can come in many forms;
(c) Coloradans recognize the benefits of nature in education and
education in nature;
(d) Learning in nature has existed for decades;
(e) Learning in nature offers children health benefits and helps
provide skills children need in school to succeed; and
(f) There are physical, cognitive, and social developmental benefits
that occur with nature-based learning compared to what children experience
and learn in traditional indoor educational environments.
(2) The general assembly finds, therefore, that:
(a) Outdoor nature-based preschool programs provide an immersive
approach, putting nature at the heart of the educational program for
children;
(b) Outdoor nature-based preschool programs seek to restore
children's interaction with nature; and
(c) Colorado has a rich and wondrous outdoor landscape that will
offer extensive opportunities for children to learn in nature.
SECTION 2. In Colorado Revised Statutes, 26.5-5-303, amend (3);
and add (18.5) as follows:
26.5-5-303. Definitions. As used in this part 3, unless the context
otherwise requires:
(3) (a) "Child care center" means a facility, by whatever name
known, that is maintained for the whole or part of a day for the care of five
or more children, unless otherwise specified in this subsection (3), who are
eighteen years of age or younger and who are not related to the owner,
operator, or manager thereof, whether the facility is operated with or
without compensation for such care and with or without stated educational
purposes. The term includes, but is not limited to, facilities commonly
PAGE 2-SENATE BILL 24-078 known as child care centers, school-age child care centers, before- and
after-school programs, kindergartens, preschools,
OUTDOOR NATURE-BASED
PRESCHOOL PROGRAMS
, day camps, and summer camps, and includes those
facilities for children under six years of age with stated educational
purposes operated in conjunction with a public, private, or parochial college
or a private or parochial school; except that the term does not apply to any
kindergarten maintained in connection with a public, private, or parochial
elementary school system of at least six grades.
(b) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (3)(a) OF
THIS SECTION
, A CHILD CARE CENTER THAT OPERATES AS AN OUTDOOR
NATURE
-BASED PRESCHOOL PROGRAM SERVES CHILDREN WHO ARE AT LEAST
THREE YEARS OF AGE BUT UNDER EIGHT YEARS OF AGE
.
(18.5) "O
UTDOOR NATURE-BASED PRESCHOOL PROGRAM " OR
"OUTDOOR PROGRAM " MEANS A FULL-DAY OR PARTIAL-DAY OUTDOOR
NATURE
-BASED PRESCHOOL PROGRAM FOR CHILDREN WHO ARE AT LEAST
THREE YEARS OF AGE BUT UNDER EIGHT YEARS OF AGE THAT OPERATES AT
LEAST FIFTY PERCENT OF THE OUTDOOR PROGRAM
'S OPERATING HOURS
OUTDOORS IN A DEPARTMENT
-APPROVED OUTDOOR NATURAL SPACE .
SECTION 3. In Colorado Revised Statutes, add 26.5-5-331 as
follows:
26.5-5-331. Outdoor nature-based preschool programs - child
care centers - rules - definition. (1) N
O LATER THAN DECEMBER 31, 2025,
THE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR CHILD CARE
CENTERS THAT OPERATE AS OUTDOOR NATURE
-BASED PRESCHOOL
PROGRAMS
. RULES PROMULGATED PURSUANT TO THIS SECTION MUST
INCLUDE
, BUT ARE NOT LIMITED TO:
(a) L
AND-USE AGREEMENT REQUIREMENTS FOR OUTDOOR PROGRAMS
OPERATING ON PUBLIC OR PRIVATE LAND
;
(b) P
OLICIES FOR SITE-SPECIFIC ALTERNATIVE SHELTER PLANS . AN
ALTERNATIVE SHELTER MAY INCLUDE
, BUT NEED NOT BE LIMITED TO, A
COVERED PAVILION
, BUILDING, TARP, OR VEHICLE. FOR EMERGENCY
CIRCUMSTANCES
, OUTDOOR PROGRAMS ARE NOT REQUIRED TO SEEK
ALTERNATIVE SHELTER IN LICENSED CHILD CARE CENTER BUILDINGS
.
PAGE 3-SENATE BILL 24-078 (c) POLICIES FOR SITE-SPECIFIC RISK MITIGATION PLANS;
(d) P
OLICIES FOR SITE-SPECIFIC EMERGENCY AND DISASTER
PREPAREDNESS PLANS
;
(e) P
OLICIES FOR SITE-SPECIFIC EVACUATION PLANS; AND
(f) POLICIES AND PROCEDURES FOR OUTDOOR PROGRAMS TO OPT OUT
OF CERTAIN DEPARTMENT REQUIREMENTS THROUGH THE SITE
-SPECIFIC RISK
MITIGATION PLAN DESCRIBED IN SUBSECTION
(1)(c) OF THIS SECTION. THE
POLICIES AND PROCEDURES MUST INCLUDE GUIDANCE ON THE
DEPARTMENTAL EVALUATION AND APPR OVAL OF THE SITE
-SPECIFIC RISK
MITIGATION PLAN BASED ON THE GEOGRAPHIC LOCATION OF THE OUTDOOR
PROGRAM
, THE AGES OF THE CHILDREN PARTICIPATING, AND THE ABILITY OF
THE OUTDOOR PROGRAM TO DEMONSTRATE ADEQUATE SAFETY MEASURES
TO PROTECT CHILDREN
.
(2) (a) T
HE DEPARTMENT SHALL PROVIDE TRAINING TO LICENSING
STAFF WHO OVERSEE SITE INSPECTIONS FOR OUTDOOR PROGRAMS
. THE
TRAINING MUST INCLUDE INFORMATION ON HOW TO
:
(I) I
NTERPRET SITE-SPECIFIC PLANS;
(II) C
ONDUCT INSPECTIONS OF SITE-SPECIFIC OUTDOOR PROGRAMS ;
(III) C
OMMUNICATE WITH LOCAL FIRE DEPARTMENTS THAT INSPECT
OUTDOOR PROGRAMS
; AND
(IV) COMMUNICATE WITH THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT STAFF WHO INSPECT OUTDOOR PROGRAMS
.
(b) B
EGINNING DECEMBER 1, 2026, THE DEPARTMENT SHALL
PROVIDE TRAINING TO OUTDOOR PROGRAM OPERATORS AND STAFF ON HOW
TO IMPLEMENT AND OPERATE OUT DOOR PROGRAMS IN
COLORADO. THE
DEPARTMENT SHALL COLLABORATE WITH EXISTING OUTDOOR PROGRAMS TO
CREATE AND IMPLEMENT THE TRAINING USING A BENEFIT
-RISK ASSESSMENT.
(3) T
HE DEPARTMENT SHALL COLLABORATE WITH :
(a) L
OCAL FIRE DEPARTMENTS ON FIRE PREVENTION AND
PAGE 4-SENATE BILL 24-078 PROTECTION REQUIREMENTS FOR OUTDOOR PROGRAMS ; AND
(b) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ON
SANITARY STANDARDS FOR OUTDOOR PROGRAMS
.
(4) F
OR THE 2024-25 FISCAL YEAR, AND EACH FISCAL YEAR
THEREAFTER THROUGH THE
2026-27 FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE THIRTY THOUSAND DOLLARS FROM THE CHILD CARE
LICENSING CASH FUND CREATED IN SECTION
26.5-5-311 (4) TO THE
DEPARTMENT TO IMPLEMENT THE OUTDOOR PROGRAMS
.
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
, "BENEFIT-RISK ASSESSMENT" MEANS A PROCESS TO IDENTIFY
HAZARDS AND RISKS FOR PLAY ELEMENTS IN OUTDOOR NATURE
-BASED
PRESCHOOL PROGRAMS AND THE CREATION OF A PLAN TO MITIGATE A
CHILD
'S RISK OF INJURY WHILE MAINTAINING DEVELOPMENTAL BENEFITS FOR
CHILDREN
.
SECTION 4. In Colorado Revised Statutes, 25-1.5-101, amend
(1)(h) as follows:
25-1.5-101. Powers and duties of department - laboratory cash
fund - office of suicide prevention - suicide prevention coordination
cash fund - report - dispensation of payments under contracts with
grantees - definitions. (1) The department has, in addition to all other
powers and duties imposed upon it by law, the powers and duties provided
in this section as follows:
(h) To establish and enforce sanitary standards for the operation and
maintenance of orphanages, day care nurseries, foster homes, family care
homes, summer camps for children, lodging houses,
OUTDOOR
NATURE
-BASED PRESCHOOL PROGRAMS , guest child care facilities and public
services short-term child care facilities as defined in section 26.5-5-303,
hotels, public conveyances and stations, schools, factories, workshops,
industrial and labor camps, recreational resorts and camps, swimming pools,
public baths, mobile home parks, and other buildings, centers, and places
used for public gatherings;
SECTION 5. Appropriation. (1) For the 2024-25 state fiscal year,
$179,569 is appropriated to the department of early childhood for use by the
PAGE 5-SENATE BILL 24-078 licensing and administration division. This appropriation consists of
$149,569 from the general fund and $30,000 from the child care licensing
cash fund created in section 26.5-5-311 (4), C.R.S. To implement this act,
the division may use this appropriation as follows:
(a) $145,451, which consists of $121,151 general fund and $24,300
from the child care licensing cash fund, for personal services, which amount
is based on an assumption that the division will require an additional 1.8
FTE; and
(b) $34,118, which consists of $28,418 from the general fund and
$5,700 from the child care licensing cash fund, for operating expenses.
(2) For the 2024-25 state fiscal year, $35,341 is appropriated to the
department of public health and environment for use by the division of
environnmental health and sustainability. This appropriation is from the
general fund and is based on an assumption that the division will require an
additional 0.4 FTE. To implement this act, the division may use this
appropriation for environmental health programs.
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 6-SENATE BILL 24-078 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 24-078