Colorado Senate Bill SB119 Introduced / Bill

                    First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 25-0324.02 Alana Rosen x2606
SENATE BILL 25-119
Senate Committees House Committees
Education
A BILL FOR AN ACT
C
ONCERNING MEASURES TO MODIFY THE DEPARTMENT OF EARLY101
CHILDHOOD.102
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
.)
Current law authorizes the executive director of the department of
early childhood (department) to adopt all rules for the administration of
the department, for the execution and administration of department
functions, and for the programs and services managed by the department.
The bill repeals the executive director's rule-making authority and creates
the state board of early childhood services (state board). The bill
SENATE SPONSORSHIP
Kirkmeyer,
HOUSE SPONSORSHIP
Garcia Sander and Hamrick,
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. authorizes the state board to adopt all rules for the administration of the
department, for the execution and administration of department functions,
and for the programs and services managed by the department.
Current law allows a local coordinating organization (LCO) to
participate in the Colorado universal preschool program (program) by
allocating funding to school- and community-based preschool providers
(preschool providers), ensuring a mixed delivery system of preschool
providers, and coordinating with preschool providers and the early
childhood and family support programs and services. On June 1, 2026,
LCOs will no longer participate in the program, but LCOs will continue
to support families who apply for early childhood and family support
programs and services, coordinate with county departments and tribal
agencies, and work with early child care providers to increase recruitment
and retention of individuals in the early child care workforce.
The bill requires the department to modify the unified application
to grant administrative access to a preschool provider who participates in
the program to help families enroll their children in the program and to
assist families with their administrative needs, including with the
completion of their first program application and maintaining the
continued enrollment of their children who have been receiving preschool
services from the preschool provider. Administrative units will also have
access to the unified application to help families enroll children with
disabilities in the program and to assist families with their administrative
needs.
Current law requires the executive director to adopt rules for the
maximum allowable educator-to-child ratios and group sizes (ratios and
group sizes) in alignment with national best practices. The bill requires
the state board to adopt rules for ratios and group sizes in alignment with
state licensing standards. When the department adjusts ratios and group
sizes, and prior to adopting rules for the preschool program, the
department is required to coordinate with preschool providers to
determine the ratios and group sizes.
The bill requires the department to distribute funding to preschool
providers in advance of services provided throughout the school year
based on enrollment data.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 26.5-1-103, amend2
(2); and add (6) as follows:3
26.5-1-103.  Definitions. As used in this title 26.5, unless the4
context otherwise requires:5
SB25-119-2- (2)  "Department rule" means a rule promulgated by the executive1
director ADOPTED BY THE STATE BOARD as authorized in section2
26.5-1-105.3
(6)  "S
TATE BOARD OF EARLY CHILDHOOD SERVICES " OR "STATE4
BOARD" MEANS THE STATE BOARD OF EARLY CHILDHOOD SERVICES5
CREATED IN SECTION 26.5-1-105.6
SECTION 2. In Colorado Revised Statutes, 26.5-1-105, amend7
(2)(h)(I), (2)(i), and (2)(j); and repeal and reenact, with amendments,8
(1) as follows:9
26.5-1-105.  Powers and duties of the state board of early10
childhood services - rules - rules advisory council - repeal.11
(1) (a) (I)  T
HE STATE BOARD OF EARLY CHILDHOOD IS CREATED IN THE12
DEPARTMENT. THE STATE BOARD IS A TYPE 	1 ENTITY, AS DEFINED IN13
SECTION 24-1-105. THE STATE BOARD CONSISTS OF THE EXECUTIVE14
DIRECTOR OF THE DEPARTMENT, OR THE EXECUTIVE DIRECTOR'S DESIGNEE,15
AND EIGHT MEMBERS WHO ARE APPOINTED BY THE GOVERNOR AS16
FOLLOWS:17
(A)  O
NE MEMBER REPRESENTING THE DEPARTMENT ;18
(B)  T
WO MEMBERS REPRESENTING COMMUNITY -BASED PRESCHOOL19
PROVIDERS;20
(C)  T
WO MEMBERS REPRESENTING SCHOOL -BASED PRESCHOOL21
PROVIDERS;22
(D)  T
WO MEMBERS REPRESENTING COUNTIES ; AND23
(E)  O
NE MEMBER WITH A PROFESSIONAL BACKGROUND IN SPECIAL24
EDUCATION.25
(II)  I
N MAKING APPOINTMENTS, THE GOVERNOR SHALL TAKE INTO26
CONSIDERATION THE RECOMMENDATIONS OF THE FOLLOWING27
SB25-119
-3- ORGANIZATIONS:1
(A)  A
N ASSOCIATION FOCUSED ON EARLY CHILDHOOD EDUCATION ;2
(B)  A
 STATEWIDE ORGANIZATION THAT REPRESENTS SCHOOL3
EXECUTIVES;4
(C)  A
 STATEWIDE ORGANIZATION THAT REPRESENTS COUNTIES ;5
AND6
(D)  A
 CONSORTIUM OF SPECIAL EDUCATION DIRECTORS .7
(III)  N
O LATER THAN AUGUST 15, 2025, THE GOVERNOR SHALL8
APPOINT THE MEMBERS TO THE STATE BOARD . THE MEMBERS WHO ARE9
FIRST APPOINTED ARE DESIGNATED TO SERVE FOR STAGGERED TERMS SO10
THAT THE TERM OF AT LEAST ONE MEMBER WILL EXPIRE EACH YEAR .11
T
HEREAFTER, THE TERM OF EACH MEMBER IS FOUR YEARS .12
(IV) T
HE GOVERNOR MAY TAKE INTO CONSIDERATION THE13
GEOGRAPHIC DIVERSITY OF THE STATE IN APPOINTING MEMBERS OF THE14
STATE BOARD.15
(V)  I
F A VACANCY ARISES FOR ANY REASON, THE GOVERNOR SHALL16
APPOINT A PERSON WHO MEETS THE REQUIREMENTS OF THE VACANT17
POSITION TO FILL THE VACANCY AS SOON AS POSSIBLE AFTER THE18
VACANCY OCCURS.19
(VI)  T
HE MEMBERS OF THE STATE BOARD SERVE WITHOUT20
COMPENSATION BUT MAY RECEIVE REIMBURSEMENT , WITHIN EXISTING21
RESOURCES, FOR NECESSARY TRAVEL EXPENSES ACTUALLY INCURRED IN22
SERVING ON THE STATE BOARD.23
(VII)  N
O MORE THAN FIVE MEMBERS OF THE STATE BOARD MAY BE24
REGISTERED WITH THE SAME POLITICAL PARTY .25
(b)  N
O LATER THAN SEPTEMBER 15, 2025, THE EXECUTIVE26
DIRECTOR SHALL CALL THE FIRST MEETING OF THE STATE BOARD , AT27
SB25-119
-4- WHICH THE MEMBERS OF THE STATE BOARD SHALL ELECT A MEMBER TO1
SERVE AS A CHAIR AND A MEMBER TO SERVE AS THE VICE -CHAIR OF THE2
STATE BOARD. THE MEMBERS OF THE STATE BOARD SHALL ELECT A CHAIR3
AND VICE-CHAIR ANNUALLY THEREAFTER . THE CHAIR OF THE STATE4
BOARD SHALL CALL MEETINGS OF THE STATE BOARD AS NECESSARY TO5
COMPLETE THE DUTIES OF THE STATE BOARD .6
(c)  T
HE STATE BOARD SHALL:7
(I)  A
DOPT, IN ACCORDANCE WITH THE "STATE ADMINISTRATIVE8
P
ROCEDURE ACT", ARTICLE 4 OF TITLE 24, ALL RULES FOR THE9
ADMINISTRATION OF THE DEPARTMENT AND FOR THE EXECUTION AND10
ADMINISTRATION OF THE FUNCTIONS SPECIFIED IN SECTION 26.5-1-10911
AND FOR THE PROGRAMS AND SERVICES SPECIFIED IN THIS TITLE 26.5. IN12
ADOPTING RULES, THE STATE BOARD SHALL, TO THE GREATEST EXTENT13
POSSIBLE:14
(A)  R
EDUCE THE ADMINISTRATIVE BURDEN OF ACCESSING15
PROGRAMS AND SERVICES , IMPLEMENTING PROGRAMS , AND PROVIDING16
SERVICES TO FAMILIES AND PROVIDERS;17
(B)  D
ECREASE DUPLICATION AND CONFLICTS IN IMPLEMENTING18
PROGRAMS AND PROVIDING SERVICES ;19
(C)  I
NCREASE EQUITY IN ACCESS TO PROGRAMS AND SERVICES AND20
IN CHILD AND FAMILY OUTCOMES ;21
(D)  I
NCREASE ADMINISTRATIVE EFFICIENCY AMONG THE22
PROGRAMS AND SERVICES PROVIDED BY THE DEPARTMENT ; AND23
(E)  E
NSURE THAT THE RULES ARE COORDINATED ACROSS24
PROGRAMS AND SERVICES SO THAT PROGRAMS ARE IMPLEMENTED AND25
SERVICES ARE PROVIDED WITH IMPROVED EASE OF ACCESS , QUALITY OF26
FAMILY AND PROVIDER EXPERIENCE , AND EASE OF IMPLEMENTATION BY27
SB25-119
-5- STATE, LOCAL, AND TRIBAL AGENCIES;1
(II)  H
OLD HEARINGS RELATING TO THE FORMULATION AND2
REVISION OF THE POLICIES OF THE DEPARTMENT ; AND3
(III)  A
DVISE THE EXECUTIVE DIRECTOR AS TO ANY MATTERS THAT4
THE EXECUTIVE DIRECTOR MAY BRING BEFORE THE STATE BOARD .5
(d)  T
HE DEPARTMENT MAY ADOPT GUIDELINES AND PROCEDURES6
TO ASSIST IN THE IMPLEMENTATION AND DELIVERY OF THE PROGRAMS AND7
SERVICES THAT THE DEPARTMENT PROVIDES PURSUANT TO THIS TITLE8
26.5.
 WHEN APPROPRIATE TO REDUCE POTENTIAL ADMINISTRATIVE9
BURDEN, THE DEPARTMENT MAY DIFFERENTIATE IN THE ADOPTED10
GUIDELINES AND PROCEDURES AMONG COMMUNITIES , INCLUDING11
COMMUNITIES IN RURAL AREAS , BASED ON COMMUNITY CAPACITY AND12
READINESS FOR IMPLEMENTING PROGRAMS AND DELIVERING SERVICES .13
(2) (h) (I)  The council shall meet as often as requested by the14
executive director
 STATE BOARD. Except as otherwise provided in15
subsection (2)(h)(II) of this section, a member of the council and a16
non-council member who serves on a subcommittee may receive the same17
per diem compensation for attendance at council or subcommittee18
meetings as is provided for members of boards and commissions pursuant19
to section 12-20-103 (6) and reimbursement for any expenses necessary20
to support the member's participation at a council or subcommittee21
meeting, including any required dependent or attendant care and, if the22
member resides more than fifty miles from the location of the council or23
subcommittee meeting, expenses incurred in traveling to and from the24
meeting, including any required dependent or attendant travel, food, and25
lodging.26
(i)  In reviewing and making recommendations concerning rules27
SB25-119
-6- and in preparing other recommendations for the executive director STATE1
BOARD, the council shall strive to develop recommendations that are2
detailed and measurable and consider the impacts on children, parents,3
families, providers, school districts, counties, and local coordinating4
organizations. The council must approve recommendations by a majority5
vote and provide those recommendations to the executive director STATE6
BOARD in writing. Members of the council voting in the minority may7
submit a written explanation of their opposition to the recommendations8
to the executive director STATE BOARD.9
(j)  Before promulgating ADOPTING a rule, the executive director10
STATE BOARD shall solicit feedback from and consider the11
recommendations of the council. If the executive director STATE BOARD12
decides not to follow the recommendations of the council with regard to13
a rule, the executive director STATE BOARD shall provide a written14
explanation of the rationale for the decision.15
SECTION 3. In Colorado Revised Statutes, 26.5-1-110, amend16
(2)(g) and (2)(h); and add (2)(i) and (2)(j) as follows:17
26.5-1-110.  Unified application - child care, services, and18
education. (2)  At a minimum, the unified application must:19
(g)  Allow for customization as may be necessary for certain20
programs or services; and21
(h)  Coordinate with other agencies and programs, as appropriate,22
to ensure appropriate referral 
AND ENROLLMENT of children and families23
to early childhood programs administered by other departments;24
(i)  G
RANT A PRESCHOOL PROVIDER , AS DEFINED IN SECTION25
26.5-4-203,
 ADMINISTRATIVE ACCESS TO THE UNIFIED APPLICATION TO :26
(I)  H
ELP FAMILIES ENROLL THEIR CHILDREN IN THE UNIVERSAL27
SB25-119
-7- PRESCHOOL PROGRAM;1
(II)  A
SSIST FAMILIES WITH ANY ADMINISTRATIVE NEEDS2
REGARDING THE UNIVERSAL PRESCHOOL PROGRAM , INCLUDING ASSISTING3
FAMILIES WITH THE COMPLETION OF THEIR FIRST UNIVERSAL PRESCHOOL4
PROGRAM APPLICATION AND MAINTAINING THE CONTINUED ENROLLMENT5
OF THEIR CHILDREN WHO HAVE BEEN RECEIVING PRESCHOOL SERVICES6
FROM THE PRESCHOOL PROVIDER ; AND7
(III)  A
CCESS THE UNIFIED APPLICATION WITHOUT REQUIRING THE8
ASSISTANCE OF THE DEPARTMENT OR A LOCAL COORDINATING9
ORGANIZATION; AND10
(j)  G
RANT AN ADMINISTRATIVE UNIT , AS DEFINED IN SECTION11
22-20-103,
 ADMINISTRATIVE ACCESS TO THE UNIFIED APPLICATION TO :12
(I)  H
ELP FAMILIES ENROLL THEIR CHILDREN WITH DISABILITIES IN13
THE UNIVERSAL PRESCHOOL PROGRAM ;14
(II)  A
SSIST FAMILIES WITH ANY ADMINISTRATIVE NEEDS15
REGARDING THE UNIVERSAL PRESCHOOL PROGRAM , INCLUDING ASSISTING16
FAMILIES WITH THE COMPLETION OF THEIR FIRST UNIVERSAL PRESCHOOL17
PROGRAM APPLICATION AND MAINTAINING THE CONTINUED ENROLLMENT18
OF THEIR CHILDREN WHO HAVE BEEN RECEIVING PRESCHOOL SERVICES19
FROM THE PRESCHOOL PROVIDER ; AND20
(III)  A
CCESS THE UNIFIED APPLICATION WITHOUT REQUIRING THE21
ASSISTANCE OF THE DEPARTMENT OR A LOCAL COORDINATING22
ORGANIZATION.23
SECTION 4. In Colorado Revised Statutes, 26.5-2-102, amend24
(4); and repeal (1), (6), (7), and (8) as follows:25
26.5-2-102.  Definitions. As used in this part 1, unless the context26
otherwise requires:27
SB25-119
-8- (1)  "Colorado universal preschool program" or "state preschool1
program" means the Colorado universal preschool program created in part2
2 of article 4 of this title 26.5.3
(4)  "Local and tribal agencies" means county departments of4
human or social services and agencies of an Indian tribe that have5
responsibility for funding for early childhood and family support6
programs and services school districts, charter schools that participate in7
the state preschool program, and head start agencies.8
(6)  "Mixed delivery system" has the same meaning as provided in9
section 26.5-4-203.10
(7)  "Preschool provider" has the same meaning as provided in11
section 26.5-4-203.12
(8)  "Preschool services" means preschool services provided13
through the state preschool program in the school year preceding14
kindergarten eligibility to children who are four or five years of age and15
preschool services provided through the state preschool program to a16
limited number of children who are three years of age or younger.17
SECTION 5. In Colorado Revised Statutes, 26.5-2-103, amend18
(2)(c)(V), (2)(d), and (5); and repeal (2)(c)(I), (2)(e), and (4)(b) as19
follows:20
26.5-2-103.  Local coordinating organization - applications -21
selection - rules. (2)  An entity that seeks to serve as a local coordinating22
organization must apply to the department in accordance with department23
rules, if any, procedures, and timelines. At a minimum, the application24
must include:25
(c)  The applicant's plan to coordinate with, at a minimum, the26
following entities within the proposed community:27
SB25-119
-9- (I)  Administrative units, as defined in section 22-20-103, which1
remain responsible for overseeing implementation of the part B2
component of the federal "Individuals with Disabilities Education Act",3
20 U.S.C. sec. 1400 et seq., as amended;4
(V)  County departments of human or social services in providing5
child care services through the Colorado child care assistance program6
established in part 1 of article 4 of this title 26.5 and other family support7
programs and services; 
AND8
(d)  The applicant's proposed operating model for meeting the9
duties and responsibilities of a local coordinating organization, including,10
at a minimum, the applicant's personnel capacity and a proposed budget11
that reflects the anticipated operating and overhead costs and sources of12
funding. and
13
(e)  If the applicant is a preschool provider, the applicant's plan for14
ensuring that serving as the local coordinating organization does not15
result in an unfair advantage to the applicant with regard to allocations of16
preschool funding generally or in coordinating with the other preschool17
providers in the community to ensure the availability of a mixed delivery18
system and the allocation of funding among preschool providers based on19
parent choice.20
(4)  The department, in accordance with department rules, if any,21
and procedures, shall review each application received pursuant to this22
section and select local coordinating organizations for communities23
throughout the state, ensuring that, to the extent possible, every family in24
the state resides within a community for which a local coordinating25
organization is selected. In selecting local coordinating organizations26
from among the applications received, the department shall, at a27
SB25-119
-10- minimum, evaluate:1
(b)  The applicant's capacity to equitably recruit preschool2
providers to participate in the Colorado universal preschool program and3
provide preschool services through a mixed delivery system that, to the4
fullest extent practicable, accommodates parent choice;5
(5)  The executive director may promulgate STATE BOARD MAY6
ADOPT rules and the department shall adopt procedures and timelines as7
necessary to implement this part 1, including adopting a process for8
receiving and reviewing applications that results in the initial selection of9
local coordinating organizations as soon as practicable after April 25,10
2022. The department shall enter into a coordinator agreement with each11
local coordinating organization in accordance with section 26.5-2-105.12
Before the termination or conclusion of a coordinator agreement, the13
department shall solicit applications for a local coordinating organization14
for the affected community pursuant to this section and may re-select the15
same entity to serve as a local coordinating organization.16
SECTION 6. In Colorado Revised Statutes, 26.5-2-104, amend17
(1)(a)(III), (1)(a)(V), (1)(b), (2)(d), (2)(e), (2)(g), and (3); and repeal18
(1)(a)(IV), (1)(a)(VI), (1)(a)(VIII), (2)(b), and (2)(c) as follows:19
26.5-2-104.  Local coordinating organization - community plan20
- duties. (1) (a)  Each local coordinating organization shall adopt a21
community plan that fosters equitable access for families to, and robust22
participation by providers in, early childhood and family support23
programs and services by increasing access to, coordinating, and24
allocating funding for said programs and services within the community.25
The community plan must, at a minimum, address:26
(III)  The manner in which the local coordinating organization will27
SB25-119
-11- recruit and work with providers to ensure that families' needs for school-1
and community-based preschool providers, child care and other early2
childhood services within the community are met to the fullest extent3
possible;4
(IV)  The method by which the local coordinating organization5
will ensure that a mixed delivery system of school- and community-based6
preschool providers, based on parental choice, is available within the7
community, including identifying the existing school- and8
community-based preschool providers in the community and establishing9
goals and benchmarks for increasing the availability of preschool10
providers as necessary to be responsive to family preferences;11
(V)  A plan for working with early care and education providers12
to increase recruitment and retention of individuals in the early care and13
education workforce and to increase compensation for those individuals,14
with the goal of providing a living wage;15
(VI)  A plan for coordinating the school- and community-based16
preschool providers that are available within the community with the17
other available early childhood and family support programs and services18
for children who enroll in the preschool providers and their families;19
(VIII)  A plan for the allocation of funding among school- and20
community-based preschool providers and other early care and education21
providers in the community, with the goal of maximizing the use of22
funding to meet community needs, including the need for full-day23
services;24
(b)  Notwithstanding subsection (1)(a) of this section, the initial25
community plan that a local coordinating organization creates may be26
limited to addressing participation in the Colorado universal preschool27
SB25-119
-12- program and the needs for, access to, and allocation of funding for1
school- and community-based preschool providers. With subsequent2
revisions of the plan, IN THE COMMUNITY PLANS, the local coordinating3
organization shall address the provision and coordination of additional4
early childhood and family support programs and services in the5
community as provided in subsection (1)(a) of this section in6
collaboration with local and tribal agencies.7
(2)  Each local coordinating organization shall implement the8
community plan and shall:9
(b)  Subject to the availability and enrollment capacity of preschool10
providers in the community, provide universal access, in alignment with11
family choice, to high-quality school- and community-based preschool12
providers within the community for children in the year before eligibility13
for kindergarten;14
(c)  Manage a mixed delivery system of preschool providers;15
(d)  Allocate, in coordination with local and tribal agencies, when16
applicable, local early childhood funding and state preschool program17
funding to public and private providers within the community, based on18
the community plan, and ensure, to the greatest extent possible, that19
children who, pursuant to department rules adopted in accordance with20
section 26.5-4-204 (4)(a), are in low-income families and meet qualifying21
factors are prioritized, as directed by the department, to receive early22
childhood and family support programs and services;23
(e)  Support and ensure the availability of high-quality early24
childhood care and education for all children, including supporting access25
to training and support for members of the early childhood workforce;26
(g)  Increase over time the capacity of high-quality early child care27
SB25-119
-13- and education programs within the community to better meet family and1
community needs;2
(3)  Each local coordinating organization shall work with entities3
within the community, including, at a minimum, the entities specified in4
section 26.5-2-103 (2)(c), to implement the community plan, which may5
include subcontracting or partnering with or otherwise delegating6
responsibility to one or more public or private entities. The local7
coordinating organization remains responsible to the department for8
implementing the community plan, meeting the goals specified in the9
community plan and the coordinator agreement, and meeting any10
additional requirements imposed by this part 1, by part 2 of article 4 of11
this title 26.5 concerning the Colorado universal preschool program, by12
department rule, or by the coordinator agreement.13
SECTION 7. In Colorado Revised Statutes, 26.5-2-105, amend14
(1)(b) introductory portion, (3)(a) introductory portion, (4)(a)(I),15
(4)(a)(II), and (5); and repeal (1)(b)(II) as follows:16
26.5-2-105.  Department duties - coordinator agreements -17
review. (1)  To support and provide oversight for the statewide system of18
local coordinating organizations, the department shall:19
(b)  Enter into a coordinator agreement with each local20
coordinating organization that is partially based on the community plan21
and that specifies the respective duties of the local coordinating22
organization and the department in implementing the community plan and23
in meeting the requirements specified in this part 1 in part 2 of article 424
of this title 26.5 concerning the Colorado universal preschool program,25
and in department rule. The coordinator agreements are not subject to the26
requirements of the "Procurement Code", articles 101 to 112 of title 24.27
SB25-119
-14- The term of the initial coordinator agreement for a local coordinating1
organization is three years, and subsequent coordinator agreements must2
have terms of at least three but not more than five years, as determined by3
the department. The coordinator agreement, at a minimum, must include:4
(II)  If the local coordinating organization is a preschool provider,5
expectations that the local coordinating organization must meet in6
ensuring the availability of a mixed delivery system within the community7
that supports equitable parent choice and in ensuring that the organization8
is not unfairly advantaged in allocating funding among preschool9
providers based on parent choice;10
(3) (a)  The department shall implement a review process11
established in department rule by which the department at least annually12
reviews the performance of each local coordinating organization in13
serving its community, including implementing the approved community14
plan; fulfilling the duties specified in section 26.5-2-104; including15
providing a mixed delivery system of preschool providers; and complying16
with the coordinator agreement. In implementing the review process, the17
department shall, at a minimum:18
(4) (a)  For any area within the state for which a local coordinating19
organization is not selected or for which the local coordinating20
organization is not fully capable of implementing all aspects of the21
community plan, the department shall work with the local coordinating22
organization, if any, and the families, providers, local governments, and23
local and tribal agencies in the area, as necessary, to oversee and24
coordinate the availability and provision of early childhood and family25
support programs and services within the area until such time as a local26
coordinating organization is selected or is deemed capable of27
SB25-119
-15- implementing all aspects of the community plan. At a minimum, the1
department shall:2
(I)  Assist families in applying for early childhood and family3
support programs and services and in enrolling children with early care4
and education providers;5
(II)  Ensure, to the extent practicable, that an equitable mixed6
delivery system of preschool providers is available within the area, which7
may include contracting with providers for the delivery of preschool8
services;9
(5)  The executive director STATE BOARD shall establish by rule a10
process by which an applying entity that is not selected to act as a local11
coordinating organization, or a local coordinating organization for which12
the coordinating agreement is terminated, may appeal the decision of the13
department.14
SECTION 8. In Colorado Revised Statutes, 26.5-4-203, repeal15
(11) as follows:16
26.5-4-203.  Definitions. As used in this part 2, unless the context17
otherwise requires:18
(11)  "Local coordinating organization" means the entity selected19
by the department pursuant to section 26.5-2-103 to implement a20
community plan for early childhood and family support programs and21
services within a specified community.22
SECTION 9. In Colorado Revised Statutes, 26.5-4-204, amend23
(2), (4)(a) introductory portion, (4)(a)(I), (4)(a)(II), and (4)(b)24
introductory portion as follows:25
26.5-4-204.  Colorado universal preschool program - created26
- eligibility - workforce development plan - program funding - rules.27
SB25-119
-16- (2) (a)  For the 2023-24 school year and each school year thereafter,1
subject to the availability and enrollment capacity of preschool providers,2
parents throughout the state may enroll their children, free of charge, in3
ten hours per week of publicly funded preschool services for the school4
year preceding the school year in which the children are eligible to enroll5
in kindergarten. The department working with local coordinating6
organizations, shall identify and recruit preschool providers throughout7
the state to participate in the Colorado universal preschool program. In8
identifying and recruiting preschool providers, the department and local9
coordinating organizations shall, to the extent practicable, establish a10
mixed delivery system in communities throughout the state that enables11
parents to select preschool providers for their children from as broad a12
range as possible within their respective communities.13
(b)  T
HE DEPARTMENT SHALL GRANT ADMINISTRATIVE ACCESS TO14
THE UNIFIED APPLICATION, CREATED IN SECTION 26.5-1-110, TO A15
PRESCHOOL PROVIDER AND AN ADMINISTRATIVE UNIT , AS DEFINED IN16
SECTION 22-20-103, TO HELP FAMILIES ENROLL THEIR CHILDREN IN THE17
PRESCHOOL PROGRAM AND TO ASSIST FAMILIES WITH THEIR18
ADMINISTRATIVE NEEDS REGARDING THE PRESCHOOL PROGRAM	,19
INCLUDING ASSISTING FAMILIES WITH THE COMPLETION OF THEIR FIRST20
PRESCHOOL PROGRAM APPLICATION AND MAINTAINING THE CONTINUED21
ENROLLMENT OF THEIR CHILDREN WHO HAVE BEEN RECEIVING PRESCHOOL22
SERVICES FROM THE PRESCHOOL PROVIDER OR ADMINISTRATIVE UNIT .23
P
RESCHOOL PROVIDERS AND ADMINISTRATIVE UNITS MUST HAVE ACCESS24
TO THE UNIFIED APPLICATION WITHOUT REQUIRING THE ASSISTANCE OF25
THE DEPARTMENT OR A LOCAL COORDINATING ORGANIZATION .26
(4) (a)  The executive director
 STATE BOARD shall adopt rules to27
SB25-119
-17- implement the preschool program, which must include:1
(I)  The level of income that identifies a family as being2
low-income for purposes of identifying children who are three years of3
age or younger and are eligible for preschool services and prioritizing4
funding for those additional preschool services. The executive director5
STATE BOARD shall, to the extent practicable, ensure that the income6
eligibility requirements for other publicly funded child care programs are7
aligned with the income level set pursuant to this subsection (4)(a)(I).8
(II)  The qualifying factors that a child must meet to be eligible to9
receive additional preschool services. The executive director STATE10
BOARD shall ensure that the qualifying factors are reviewed and, as11
necessary, revised at least every five THREE years. The purpose of the12
qualifying factors is to identify children who are at risk of entering13
kindergarten without being ready for school. The qualifying factors must14
include identification as a dual-language learner or a child with15
disabilities and may include such other factors as the department may16
identify.17
(b)  In adopting rules, the executive director STATE BOARD shall,18
to the extent possible:19
SECTION 10. In Colorado Revised Statutes, 26.5-4-204, amend20
(2) as follows:21
26.5-4-204.  Colorado universal preschool program - created22
- eligibility - workforce development plan - program funding - rules.23
(2)  For the 2023-24 school year and each school year thereafter, subject24
to the availability and enrollment capacity of preschool providers, parents25
throughout the state may enroll their children, free of charge, in ten hours26
per week of publicly funded preschool services for the school year27
SB25-119
-18- preceding the school year in which the children are eligible to enroll in1
kindergarten. The department working with local coordinating2
organizations, shall identify and recruit preschool providers throughout3
the state to participate in the Colorado universal preschool program. In4
identifying and recruiting preschool providers, the department and local5
coordinating organizations shall, to the extent practicable, establish a6
mixed delivery system in communities throughout the state that enables7
parents to select preschool providers for their children from as broad a8
range as possible within their respective communities.9
SECTION 11. In Colorado Revised Statutes, 26.5-4-205, amend10
(1)(a) introductory portion and (2)(c) as follows:11
26.5-4-205.  Quality standards - evaluation - support.12
(1) (a)  The department shall develop, and the executive director STATE13
BOARD shall establish by rule, the quality standards that each preschool14
provider must meet to receive funding through the Colorado universal15
preschool program. The quality standards must, at a minimum, address16
the issues specified in this section and must reflect national and17
community-informed best practices with regard to school readiness,18
academic and cognitive development, healthy environments,19
social-emotional learning, and child and family outcomes. The20
department and the executive director STATE BOARD shall work with21
families, educators, and program administrators to review and, as22
necessary, revise the quality standards at least every five years to ensure23
the standards continue to reflect national 
AND COMMUNITY-INFORMED24
best practices and meet the other requirements specified in this section.25
In developing, reviewing, revising, and adopting the quality standards, the26
department and the executive director
 STATE BOARD shall consider, at a27
SB25-119
-19- minimum:1
(2)  At a minimum, the quality standards established in rule must2
include:3
(c) (I)  The maximum allowable educator-to-child ratios and group4
sizes, aligned with national best practices. The department, by rule, may5
implement a waiver process to allow a preschool provider that6
implements a nationally recognized preschool program model to7
implement the educator-to-child ratios and group sizes that support the8
instructional practices of the model, so long as the preschool provider9
meets the national standards for the model or is accredited to provide the10
model STATE LICENSING STANDARDS PURSUANT TO PART 3 OF ARTICLE 511
OF THIS TITLE 26.5.12
(II)  T
HE DEPARTMENT, BY RULE, MAY IMPLEMENT A WAIVER13
PROCESS TO ALLOW A PRESCHOOL PROVIDER THAT IMPLEMENTS A14
NATIONALLY RECOGNIZED PRESCHOOL PROGRAM MODEL TO IMPLEMENT15
THE EDUCATOR-TO-CHILD RATIOS AND GROUP SIZES THAT SUPPORT THE16
INSTRUCTIONAL PRACTICES OF THE MODEL , AS LONG AS THE PRESCHOOL17
PROVIDER MEETS THE NATIONAL STANDARDS FOR THE MODEL OR IS18
ACCREDITED TO PROVIDE SERVICES THAT CONFORM TO THE MODEL .19
SECTION 12. In Colorado Revised Statutes, 26.5-4-207, amend20
(3) as follows:21
26.5-4-207.  Preschool program evaluation and improvement22
process - independent evaluator. (3)  The department shall23
communicate the evaluations and recommendations of the independent24
evaluator to families, communities, preschool providers, local
25
coordinating organizations, the state board of education, and the general26
assembly, as appropriate, to inform and improve early childhood teaching27
SB25-119
-20- and education and policy-making related to early childhood education.1
SECTION 13. In Colorado Revised Statutes, 26.5-4-208, amend2
(1)(e) and (3)(a) as follows:3
26.5-4-208.  Preschool provider funding - per-child rates - local4
contribution - distribution and use of money - definitions. (1) (e)  In5
establishing the formulas and other distribution amounts, the department6
shall consult with the 
STATE BOARD, THE rules advisory council, the early7
childhood leadership commission, and members of the early childhood8
community, including parents of preschool-age children, preschool9
educators, preschool providers, early childhood councils, school districts,10
charter schools, representatives of county departments of human or social11
services, local coordinating organizations, and individuals with financial12
expertise in public and private funding sources for early childhood13
services.14
(3) (a)  Beginning in the 2023-24 fiscal year and for each fiscal15
year thereafter, the department working with local coordinating16
organizations as provided in each local coordinating organization's17
coordinator agreement with the department, shall distribute the funding18
appropriated to the department for preschool services from the preschool19
programs cash fund and any amount received pursuant to section20
26.5-4-209 (2). The department and local coordinating organizations, as21
applicable, shall base the amounts distributed on the per-child rates and22
any special purpose distributions established for the applicable fiscal year23
pursuant to subsection (1) of this section. At the start of each fiscal year,24
the department and local coordinating organizations, as applicable, shall25
distribute, 
IN ADVANCE OF SERVICES PROVIDED, a portion of the funding26
to preschool providers based on the numbers and types of eligible27
SB25-119
-21- children expected to enroll in preschool as estimated in the community1
plans or as estimated by the department for an area that does not have a2
local coordinating organization. The department and local coordinating3
organizations, as applicable, shall continue distributing, 
IN ADVANCE OF4
SERVICES PROVIDED, portions of the funding periodically throughout the5
school year and shall adjust the amounts distributed based on the actual6
numbers and types of eligible children enrolled by preschool providers. 7
SECTION 14. In Colorado Revised Statutes, 26.5-4-208, amend8
(1)(c), (1)(e), (3)(a), (3)(c)(II), and (3)(c)(IV) as follows:9
26.5-4-208.  Preschool provider funding - per-child rates - local10
contribution - distribution and use of money - definitions. (1) (c)  In11
establishing the formula for additional preschool services, in addition to12
the considerations specified in subsection (1)(a) of this section, the13
department may consider the amount of local funding available to assist14
families within a community. based on the community plan or available
15
within an area that does not have a local coordinating organization. A16
preschool provider is prohibited from charging a fee for additional17
preschool services to a family that participates in the preschool program18
that exceeds the amount charged to families that do not receive additional19
preschool services.20
(e)  In establishing the formulas and other distribution amounts,21
the department shall consult with the rules advisory council, the early22
childhood leadership commission, and members of the early childhood23
community, including parents of preschool-age children, preschool24
educators, preschool providers, early childhood councils, school districts,25
charter schools, representatives of county departments of human or social26
services, local coordinating organizations, and individuals with financial27
SB25-119
-22- expertise in public and private funding sources for early childhood1
services.2
(3) (a)  Beginning in the 2023-24 fiscal year and for each fiscal3
year thereafter, the department working with local coordinating4
organizations as provided in each local coordinating organization's5
coordinator agreement with the department, shall distribute the funding6
appropriated to the department for preschool services from the preschool7
programs cash fund and any amount received pursuant to section8
26.5-4-209 (2). The department and local coordinating organizations, as9
applicable, shall base the amounts distributed on the per-child rates and10
any special purpose distributions established for the applicable fiscal year11
pursuant to subsection (1) of this section. At the start of each fiscal year,12
the department and local coordinating organizations as applicable, shall13
distribute a portion of the funding to preschool providers based on the14
numbers and types of eligible children expected to enroll in preschool as15
estimated in the community plans or as estimated by the department. for16
an area that does not have a local coordinating organization. The17
department and local coordinating organizations, as applicable, shall18
continue distributing portions of the funding periodically throughout the19
school year and shall adjust the amounts distributed based on the actual20
numbers and types of eligible children enrolled by preschool providers.21
(c) (II)  The department and local coordinating organizations, as22
applicable, shall distribute the funding for preschool services for children23
who are three years of age or younger as described in subsection24
(3)(c)(I)(B) of this section only to preschool providers that are school25
districts or charter schools for the eligible children who are three years of26
age and younger whom the school district or charter school enrolls in27
SB25-119
-23- accordance with the preschool program; except that, in a fiscal year in1
which the general assembly specifically appropriates an amount to2
provide preschool services for children three years of age or younger who3
do not have disabilities that exceeds the amount described in subsection4
(3)(c)(I)(B) of this section, the department may distribute in accordance5
with the applicable community plans all or any portion of the excess6
appropriation amount to community-based preschool providers. A school7
district may distribute all or a portion of the amount received pursuant to8
this subsection (3)(c)(II) to a head start agency or community-based9
preschool provider that provides preschool services pursuant to a contract10
with the school district.11
(IV)  In a fiscal year in which the amount described in subsection12
(3)(c)(I)(B) of this section to fund preschool services for children who are13
three years of age or younger is less than is required to fully fund the14
number of said eligible children who actually enroll for preschool15
services, the department shall first provide funding for the eligible16
children with disabilities and eligible children who are in low-income17
families and meet at least one qualifying factor and then provide funding18
for the remaining eligible children who are in low-income families. If any19
amount of the appropriation described in subsection (3)(c)(I)(B) of this20
section remains, the department, working with the rules advisory council,21
the local coordinating organizations, and any other interested persons,22
shall establish the priority for distributing the funding among the23
remaining eligible children.24
SECTION 15. In Colorado Revised Statutes, 26.5-4-209, repeal25
(5) as follows:26
26.5-4-209.  Preschool programs cash fund - created - use -27
SB25-119
-24- repeal. (5)  The department may use money appropriated from the1
preschool programs cash fund for the administrative costs of local2
coordinating organizations.3
SECTION 16. In Colorado Revised Statutes, 13-3-113, amend4
(5)(d) as follows:5
13-3-113.  Family-friendly courts. (5)  Grant applications -6
duties of judicial districts. (d)  The judicial districts that are selected by7
the state court administrator to provide family-friendly court services that8
provide child care services shall meet the licensing requirements for child9
care facilities set forth in part 3 of article 5 of title 26.5, and all child care10
licensing rules promulgated by the executive director ADOPTED BY THE11
STATE BOARD OF EARLY CHILDHOOD SERVICES of the department of early12
childhood.13
SECTION 17. In Colorado Revised Statutes, 19-1-307, amend14
(2.5)(a) as follows:15
19-1-307.  Dependency and neglect records and information -16
access - fee - records and reports fund - misuse of information -17
penalty - adult protective services data system check - rules. (2.5)  Fee18
- records and reports fund - rules. (a)  Any person or agency provided19
information from the state department of human services or department20
of early childhood pursuant to subsections (2)(i), (2)(k) to (2)(o), (2)(t),21
and (2)(y) of this section and any child placement agency must be22
assessed a fee that is established and collected by the state department of23
human services or established and collected by the department of early24
childhood pursuant to parameters set forth in rule established by the state25
board of human services or the department STATE BOARD of early26
childhood pursuant to parameters set forth in rule established by the27
SB25-119
-25- executive director STATE BOARD OF EARLY CHILDHOOD SERVICES of the1
department of early childhood, whichever is applicable. At a minimum,2
the rules must include a provision requiring the state department of3
human services or department of early childhood, as applicable, to4
provide notice of the fee to interested persons and the maximum fee5
amount that the department shall not exceed without the express approval6
of the state board of human services or executive director STATE BOARD7
OF EARLY CHILDHOOD SERVICES of the department of early childhood, as8
applicable. The fee established must not exceed the direct and indirect9
costs of administering subsections (2)(i), (2)(k) to (2)(o), (2)(t), and (2)(y)10
of this section.11
SECTION 18. In Colorado Revised Statutes, 24-1-120.5, add (5)12
as follows:13
24-1-120.5.  Department of early childhood - creation. (5)  T
HE14
STATE BOARD OF EARLY CHILDHOOD SERVICES , CREATED IN SECTION15
26.5-1-105,
 IS A TYPE 1 ENTITY, AS DEFINED IN SECTION 24-1-105, AND16
EXERCISES ITS POWERS, DUTIES, AND FUNCTIONS UNDER THE DEPARTMENT17
OF EARLY CHILDHOOD.18
SECTION 19. In Colorado Revised Statutes, 24-34-104, repeal19
(31)(a)(XI) as follows:20
24-34-104.  General assembly review of regulatory agencies21
and functions for repeal, continuation, or reestablishment - legislative22
declaration - repeal. (31) (a)  The following agencies, functions, or both,23
are scheduled for repeal on September 1, 2031:24
(XI)  The rule-making function of the executive director of the
25
department of early childhood pursuant to section 26.5-1-105 (1);26
SECTION 20. In Colorado Revised Statutes, 26-1-116, amend27
SB25-119
-26- (3) as follows:1
26-1-116.  County boards - district boards. (3)  The county2
board may hold a meeting to address the public assistance and welfare3
duties, responsibilities, and activities of the county department in4
conjunction with a meeting of the board of county commissioners, upon5
full and timely notice given pursuant to the provisions of section6
24-6-402. The county board shall act in accordance with rules adopted by7
the state board when addressing public assistance, and welfare duties,8
responsibilities, and activities of the county department. The county board9
shall act in accordance with rules adopted by the executive director STATE10
BOARD OF EARLY CHILDHOOD SERVICES of the department of early11
childhood when addressing child care assistance duties, responsibilities,12
and activities of the county department.13
SECTION 21. In Colorado Revised Statutes, 26-1-122, amend14
(6)(c) as follows:15
26-1-122.  County appropriations and expenditures -16
advancements - procedures. (6) (c)  The state department shall establish17
rules concerning what constitutes administrative costs and program costs18
for the Colorado works program. The executive director STATE BOARD OF19
EARLY CHILDHOOD SERVICES of the department of early childhood, in20
coordination with county departments, shall establish rules concerning21
what constitutes administrative costs and program costs for the Colorado22
child care assistance program. The state treasurer shall make23
advancements to county departments for the costs of administering the24
Colorado works program and the Colorado child care assistance program25
from funds appropriated or made available for such purpose, upon26
authorization of the department of early childhood or the state27
SB25-119
-27- department, as applicable; except that in no event shall the department of1
early childhood or the state department authorize expenditures greater2
than the annual appropriation by the general assembly for such3
administrative costs of the county departments. As funds are advanced,4
adjustment shall be made from subsequent monthly payments for those5
purposes.6
SECTION 22. In Colorado Revised Statutes, 26-2-703, amend7
(4) as follows:8
26-2-703.  Definitions. As used in this part 7, unless the context9
otherwise requires:10
(4)  "Colorado child care assistance program" means the state11
program of child care assistance implemented pursuant to the provisions12
of part 1 of article 4 of title 26.5 and rules of the executive director STATE13
BOARD OF EARLY CHILDHOOD SERVICES of the department of early14
childhood.15
SECTION 23. In Colorado Revised Statutes, 26-2-706.6, amend16
(6) as follows:17
26-2-706.6.  Payments and services under Colorado works -18
rules. (6)  Child care assistance. Subject to available appropriations and19
pursuant to rules promulgated by the executive director ADOPTED BY THE20
STATE BOARD OF EARLY CHILDHOOD SERVICES of the department of early21
childhood, a county may provide child care assistance to a participant22
pursuant to the provisions of part 1 of article 4 of title 26.5 and rules23
promulgated by the executive director ADOPTED BY THE STATE BOARD OF24
EARLY CHILDHOOD SERVICES of the department of early childhood for25
implementation of said part 1.26
SECTION 24. In Colorado Revised Statutes, 26.5-1-106, repeal27
SB25-119
-28- (1)(c) as follows:1
26.5-1-106.  Transfer of functions - employees - property -2
contracts. (1) (c)  The rules pertaining to the powers, duties, functions,3
and obligations transferred to the department pursuant to subsection (1)(a)4
of this section that are adopted by the department of human services, the5
state board of human services, or the state board of education and are in6
effect as of July 1, 2022, continue in effect and apply to the department7
and persons or entities licensed or providing services pursuant to this title8
26.5 until replaced by rules adopted by the executive director pursuant to9
section 26.5-1-105.10
SECTION 25. In Colorado Revised Statutes, amend 26.5-1-10711
as follows:12
26.5-1-107.  Final agency action - authority of the state board13
- rules. Hearings conducted by an appointed administrative law judge are14
considered initial decisions of the department that the executive director,15
or an executive director's designee STATE BOARD shall review. If16
exceptions to the initial decision are filed pursuant to section 24-4-10517
(14)(a)(I), the review must be in accordance with section 24-4-105 (15);18
except that the department may, at its discretion, permit a party to file an19
audio recording in lieu of a written transcript if the party cannot afford a20
written transcript. The executive director STATE BOARD may adopt rules21
delineating the criteria and process for filing an audio recording in lieu of22
a written transcript. In the absence of an exception filed pursuant to23
section 24-4-105 (14)(a)(I), the executive director STATE BOARD shall24
review the initial decision in accordance with a procedure adopted by the25
executive director STATE BOARD. The procedure must be consistent with26
federal mandates concerning the single state agency requirement. Review27
SB25-119
-29- by the executive director STATE BOARD in accordance with section1
24-4-105 (15) or the procedure adopted by the executive director STATE2
BOARD pursuant to this section constitutes final agency action.3
SECTION 26. In Colorado Revised Statutes, 26.5-2-203, amend4
(4) as follows:5
26.5-2-203.  Early childhood councils - established - rules.6
(4)  The executive director STATE BOARD shall determine by rule the7
criteria necessary for establishing a single council for an area.8
SECTION 27. In Colorado Revised Statutes, 26.5-2-204, amend9
(5) as follows:10
26.5-2-204.  Early childhood councils - applications - rules.11
(5)  The executive director shall promulgate STATE BOARD SHALL ADOPT12
rules to define the standards for acceptance of applications made pursuant13
to this section. Acceptance of an application is automatic if the14
application is complete, the signatures are in order, and it meets the15
standards set forth by the executive director STATE BOARD pursuant to this16
subsection (5).17
SECTION 28. In Colorado Revised Statutes, 26.5-2-207, amend18
(2)(a) as follows:19
26.5-2-207.  Early childhood councils - waivers - rules -20
funding - application. (2) (a)  The executive director shall promulgate21
STATE BOARD SHALL ADOPT rules to develop and distribute to councils the22
application form and application process to be used by each council23
seeking to receive council infrastructure, quality improvement, technical24
assistance, and evaluation funding from the early childhood cash fund25
created in section 26.5-2-209 and other funding sources appropriated for26
early childhood services.27
SB25-119
-30- SECTION 29. In Colorado Revised Statutes, 26.5-3-403, amend1
(2) and (3)(b) as follows:2
26.5-3-403.  Early intervention services - administration -3
duties of department - rules. (2)  The executive director shall4
promulgate STATE BOARD SHALL ADOPT rules as necessary for the5
implementation of this part 4 and to ensure that all IDEA timelines and6
requirements are met, including but not limited to administrative remedies7
if the timelines and requirements are not met.8
(3)  In administering early intervention services, the department9
shall perform the following duties:10
(b)  Develop rules, for promulgation by the executive director11
ADOPTION BY THE STATE BOARD , after consultation with the state12
interagency coordinating council;13
SECTION 30. In Colorado Revised Statutes, 26.5-3-405, amend14
(1)(b) as follows:15
26.5-3-405.  Authorized services - conditions of funding -16
purchases of services - rules. (1) (b)  The executive director shall17
promulgate STATE BOARD SHALL ADOPT rules as necessary, in accordance18
with this part 4, to implement on and after July 1, 2024, the purchase of19
early intervention services directly or through certified early intervention20
service brokers.21
SECTION 31. In Colorado Revised Statutes, 26.5-3-504, amend22
(3) introductory portion, (4), and (5) as follows:23
26.5-3-504.  Nurse home visitor program - created - rules.24
(3)  The executive director shall promulgate STATE BOARD SHALL ADOPT,25
pursuant to the provisions of article 4 of title 24, rules to implement the26
program. The executive director STATE BOARD shall base the rules27
SB25-119
-31- establishing program training requirements, program protocols, program1
management information systems, and program evaluation requirements2
on research-based model programs that have been implemented in one or3
more other states for a period of at least five years and have shown4
significant reductions in:5
(4)  Notwithstanding the provisions of subsection (3) of this6
section, the executive director STATE BOARD shall adopt rules pursuant to7
which a nurse home visitation program that is in operation in the state as8
of July 1, 1999, may qualify for participation in the program if it can9
demonstrate that it has been in operation in the state for a minimum of10
five years and that it has achieved a reduction in the occurrences specified11
in subsection (3) of this section. Any program so approved is exempt12
from the rules adopted regarding program training requirements, program13
protocols, program management information systems, and program14
evaluation requirements so long as the program continues to demonstrate15
a reduction in the occurrences specified in subsection (3) of this section.16
(5)  The department may propose to the executive director STATE17
BOARD rules concerning program applications pursuant to section18
26.5-3-506. Any such proposal must be made in consultation with the19
health sciences facility.20
SECTION 32. In Colorado Revised Statutes, 26.5-3-603, amend21
(1) as follows:22
26.5-3-603.  Social-emotional learning programs grant23
program - created - implementation partner - application - selection24
- funding - rules. (1)  The social-emotional learning programs grant25
program is created in the department. The department shall administer the26
grant program in collaboration with an implementation partner selected27
SB25-119
-32- pursuant to subsection (2) of this section. Subject to annual1
appropriations, the department shall award grants to entities that apply2
pursuant to subsection (3) of this section to provide social-emotional3
learning programs for young children and their parents in communities4
throughout the state. The executive director STATE BOARD is authorized5
to promulgate ADOPT rules as necessary to implement the grant program.6
SECTION 33. In Colorado Revised Statutes, 26.5-3-702, amend7
(1)(d) as follows:8
26.5-3-702.  Early childhood mental health consultation -9
statewide program - creation - purpose - rules. (1) (d)  The executive10
director may promulgate STATE BOARD MAY ADOPT rules for the design,11
implementation, and operation of the program.12
SECTION 34. In Colorado Revised Statutes, 26.5-3-805, amend13
(4) as follows:14
26.5-3-805.  Early care and education recruitment and15
retention grant and scholarship program - created - criteria and16
eligibility - grant and scholarship awards - reports - funding - rules17
- definitions - repeal. (4)  The executive director may promulgate STATE18
BOARD MAY ADOPT rules regarding criteria, timelines, and the19
administration of the program pursuant to the requirements outlined in20
this section.21
SECTION 35. In Colorado Revised Statutes, 26.5-3-903, amend22
(1) as follows:23
26.5-3-903.  Family-strengthening grant programs - authorized24
requirements - implementation partner - rules. (1)  The department is25
authorized to operate grant programs to support local providers in26
delivering high-quality, voluntary, family-strengthening support services27
SB25-119
-33- using home visiting strategies that are designed to overcome the access1
barriers often created by traditional delivery strategies. The executive2
director may promulgate STATE BOARD MAY ADOPT rules as necessary to3
implement grant programs as authorized in this section.4
SECTION 36. In Colorado Revised Statutes, 26.5-4-106, amend5
(6) as follows:6
26.5-4-106.  Applications for child care assistance -7
applications for child care employees - verification - award - not8
assignable - limitation - rules. (6)  The executive director shall9
promulgate STATE BOARD SHALL ADOPT rules for the implementation of10
this section.11
SECTION 37. In Colorado Revised Statutes, 26.5-4-111, amend12
(12)(a), (13) introductory portion, and (14) as follows:13
26.5-4-111.  Services - eligibility - assistance provided - waiting14
lists - rules - exceptions from cooperating with child support15
establishment. (12)  Each county:16
(a)  Upon notification to counties by the department that the17
relevant case management systems, including the Colorado child care18
automated tracking system, are capable of accommodating this subsection19
(12)(a), and pursuant to department rules, on or before August 1, 2026,20
and subject to available federal appropriations, in addition to regular21
provider reimbursement rates, the county departments shall pay providers22
for care in alignment with common practices in the private market for23
child care, including paying providers weekly for each child based on24
child enrollment in advance of the provision of services. The department25
rules governing payment policies must allow daily reimbursement rates26
only for drop-in child care, back-up child care, and care that is commonly27
SB25-119
-34- paid on a daily reimbursement basis in the private child care market and1
must incentivize providers to promote regular program attendance. On or2
before August 1, 2026, and subject to available federal appropriations, the3
department and county departments shall utilize grants and contracts for4
underserved populations, including children in underserved geographic5
areas, infants and toddlers, children with disabilities, and families needing6
nontraditional-hour care, to improve equitable access for these7
populations. The department shall annually evaluate data regarding the8
numbers and percentages of underserved populations being served by9
CCCAP to determine if equitable access is improved or achieved. The10
executive director shall promulgate STATE BOARD SHALL ADOPT rules for11
the implementation of this subsection (12).12
(13)  For children who are enrolled in both CCCAP and the13
Colorado universal preschool program, the executive director STATE14
BOARD shall adopt rules as necessary to ensure:15
(14)  The executive director shall promulgate STATE BOARD SHALL16
ADOPT rules for the implementation of this part 1.17
SECTION 38. In Colorado Revised Statutes, 26.5-4-117, amend18
(2) as follows:19
26.5-4-117.  Locating violators - recoveries. (2)  All departments20
and agencies of the state and local governments shall cooperate in the21
location and prosecution of a person who fraudulently obtains child care22
assistance pursuant to this part 1, and, on request of the county or district23
board of human or social services, the county director, the department, or24
the district attorney of any judicial district in this state, shall supply all25
information on hand relative to the location, employment, income, and26
property of said persons, notwithstanding any other provision of law27
SB25-119
-35- making the information confidential, except the laws pertaining to1
confidentiality of tax returns filed pursuant to law with the department of2
revenue. The department of revenue shall furnish at no cost to inquiring3
departments and agencies such THE information as may be necessary to4
effectuate the purposes of this part 1. The executive director STATE5
BOARD shall, by rule, establish the procedures whereby this information6
is requested and provided. The department or county departments shall7
use such THE information only for the purposes of administering the8
Colorado child care assistance program pursuant to this part 1, and a9
district attorney shall use it only for the prosecution of persons who10
fraudulently obtain child care assistance pursuant to this part 1, and shall11
not use the information, or disclose it, for any other purpose.12
SECTION 39. In Colorado Revised Statutes, 26.5-4-118, amend13
(1) as follows:14
26.5-4-118.  Records confidential - authorization to obtain15
records of assets - release of location information to law enforcement16
agencies - outstanding felony arrest warrants. (1)  The executive17
director STATE BOARD may establish reasonable rules to provide18
safeguards restricting the use or disclosure of information concerning19
applicants, recipients, and former and potential recipients of federally20
aided child care assistance to purposes directly connected with the21
administration of the Colorado child care assistance program and related22
department activities and covering the custody, use, and preservation of23
the records, papers, files, and communications of the department and24
county departments. Whenever, under provisions of law, names and25
addresses of applicants for, recipients of, or former and potential26
recipients of child care assistance are furnished to or held by another27
SB25-119
-36- agency, department of government, or an auditor conducting a financial1
or performance audit of a county department pursuant to section2
26-1-114.5, the agency, department, or auditor is required to prevent the3
publication of lists and uses of the lists for purposes not directly4
connected with the administration of the Colorado child care assistance5
program.6
SECTION 40. In Colorado Revised Statutes, 26.5-4-119, amend7
(4) as follows:8
26.5-4-119.  State income tax refund offset - rules. (4)  The9
executive director shall promulgate STATE BOARD SHALL ADOPT rules10
establishing procedures to implement this section.11
SECTION 41. In Colorado Revised Statutes, 26.5-5-102, amend12
(6)(a) introductory portion as follows:13
26.5-5-102.  School-readiness quality improvement program -14
created - rules. (6) (a)  The executive director shall promulgate STATE15
BOARD SHALL ADOPT rules for the implementation of this section,16
including but not limited to rules that:17
SECTION 42. In Colorado Revised Statutes, 26.5-5-306, amend18
(2) as follows:19
26.5-5-306.  Substitute child care providers - substitute20
placement agency - licensing - rules. (2)  The executive director shall21
promulgate STATE BOARD SHALL ADOPT rules for substitute placement22
agencies and substitute child care providers. At a minimum, the rules23
must require that the substitute child care provider demonstrate that the24
provider has the training and certification for the child care license type25
and position in which the substitute child care provider is placed.26
Pursuant to section 26.5-5-316 (1)(a)(I)(C), each substitute child care27
SB25-119
-37- provider shall pay for and submit to a fingerprint-based criminal history1
record check and a review of the records and reports of child abuse or2
neglect maintained by the state department of human services to3
determine whether the substitute child care provider has been found to be4
responsible in a confirmed report of child abuse or neglect. When the5
results of a fingerprint-based criminal history record check or any other6
records check performed on a person pursuant to this subsection (2)7
reveal a record of arrest without a disposition, the department rules shall8
MUST require that person to submit to a name-based judicial record check,9
as defined in section 22-2-119.3 (6)(d). The substitute placement agency10
shall not place a substitute child care provider who is convicted of any of11
the crimes specified in section 26.5-5-309 (4) or 26.5-5-317.12
SECTION 43. In Colorado Revised Statutes, 26.5-5-307, amend13
(2)(f)(III)(B) and (2)(g)(III)(B) as follows:14
26.5-5-307.  Application of part - guest child care facilities -15
public services short-term child care facilities - definition. (2)  A16
person or entity shall not operate a guest child care facility or a public17
services short-term child care facility unless the following requirements18
are met:19
(f) (III) (B)  The guest child care facility or public services20
short-term child care facility requests the department to obtain such21
information concerning the supervisory employee or applicant for a22
supervisory employee position from any other recognized database, if23
any, that is accessible on a statewide basis as set forth by rules24
promulgated by the executive director ADOPTED BY THE STATE BOARD ;25
(g) (III) (B)  The guest child care facility or public services26
short-term child care facility requests the department to obtain such27
SB25-119
-38- information concerning the employee from any other recognized1
database, if any, that is accessible on a statewide basis as set forth by2
rules promulgated by the executive director ADOPTED BY THE STATE3
BOARD; and4
SECTION 44. In Colorado Revised Statutes, 26.5-5-308, amend5
(2) as follows:6
26.5-5-308.  Application of part - neighborhood youth7
organizations - rules - licensing - duties and responsibilities -8
definitions. (2)  The executive director shall promulgate STATE BOARD9
SHALL ADOPT rules to establish a neighborhood youth organization10
license, including but not limited to the fee required to apply for and11
obtain the license. The rules shall not concern staff-to-youth ratios.12
SECTION 45. In Colorado Revised Statutes, 26.5-5-311, amend13
(1)(a) introductory portion and (1)(b) introductory portion as follows:14
26.5-5-311.  Fees - when original applications, reapplications,15
and renewals for licensure are required - creation of child care16
licensing cash fund - rules. (1) (a)  The department is authorized to17
establish, pursuant to rules promulgated by the executive director18
ADOPTED BY THE STATE BOARD, permanent, time-limited, and provisional19
license fees and fees for continuation of a license for the following types20
of child care arrangements:21
(b)  The department may also establish fees pursuant to rules22
promulgated by the executive director ADOPTED BY THE STATE BOARD for23
the following situations:24
SECTION 46. In Colorado Revised Statutes, 26.5-5-313, amend25
(4) introductory portion as follows:26
26.5-5-313.  Applications - materials waivers - appeals - rules.27
SB25-119
-39- (4)  The executive director shall promulgate STATE BOARD SHALL ADOPT1
rules for the implementation of this section, including:2
SECTION 47. In Colorado Revised Statutes, 26.5-5-314, amend3
(1), (2)(n), (3)(c), (4), and (6) as follows:4
26.5-5-314.  Standards for facilities and agencies - rules -5
definition. (1)  The department shall prescribe and publish standards for6
licensing. The standards must be applicable to the various types of7
facilities and agencies for child care regulated and licensed by this part 3.8
The department shall seek the advice and assistance of persons9
representative of the various types of child care facilities and agencies in10
establishing the standards, including the advice and assistance of the11
department of public safety and councils and associations representing12
fire marshals and building code officials in the promulgation of any rules13
related to adequate fire protection and prevention, as allowed in14
subsection (2)(e) of this section, in a family child care home. The15
standards must be established by rules promulgated by the executive16
director ADOPTED BY THE STATE BOARD and be issued, published, and17
become effective only in conformity with article 4 of title 24.18
(2)  The standards prescribed by department rules are restricted to:19
(n)  Rules governing different types of family child care homes as20
well as any other types of family child care homes that may by necessity21
be established by rule of the executive director STATE BOARD.22
(3) (c)  If all of the requirements in section 22-1-119.5 and any23
additional department rules are met, a school-age child enrolled in a24
program on school property may possess and self-administer medication25
for asthma, a food allergy, or anaphylaxis. The executive director STATE26
BOARD may adopt additional rules for programs on school property27
SB25-119
-40- concerning the authority to possess and self-administer medication for1
asthma, a food allergy, or anaphylaxis.2
(4)  If all of the requirements in section 22-1-119.5 and any3
additional department rules are met, a child enrolled in a large child care4
center, as defined by rule promulgated by the executive director ADOPTED5
BY THE STATE BOARD, may possess and self-administer medication for6
asthma, a food allergy, or anaphylaxis. The executive director STATE7
BOARD may adopt additional rules concerning the authority to possess and8
self-administer medication for asthma, a food allergy, or anaphylaxis.9
(6)  The executive director shall promulgate STATE BOARD SHALL10
ADOPT rules concerning standards for licensing early care and education11
programs that facilitate the recruitment and retention of Colorado's early12
childhood educator workforce as described in section 26.5-6-103.13
SECTION 48. In Colorado Revised Statutes, 26.5-5-315, amend14
(3) as follows:15
26.5-5-315.  Staffing during emergency circumstances -16
definitions. (3)  During an emergency circumstance, a child care center17
shall maintain the staff-to-child ratio required by rule of the executive18
director STATE BOARD.19
SECTION 49. In Colorado Revised Statutes, 26.5-5-316, amend20
(1)(a)(I)(A), (1)(a)(I)(B), (1)(a)(I)(C), (1)(a)(I)(E), (1)(a)(II) introductory21
portion, and (1)(b)(II) as follows:22
26.5-5-316.  Investigations and inspections - local authority -23
reports - rules. (1) (a) (I) (A)  The department shall investigate and pass24
on each original application for a license, each application for a25
permanent license following the issuance of a probationary or provisional26
license, and each application for renewal to operate a facility or an agency27
SB25-119
-41- prior to granting the license or renewal. As part of the investigation, the1
department shall require each individual, including, but not limited to, the2
applicant, any owner, employee, newly hired employee, licensee, and any3
adult who is eighteen years of age and older who resides in the licensed4
facility, to obtain a fingerprint-based criminal history record check by5
reviewing any record that is used to assist the department in ascertaining6
whether the person being investigated has been convicted of any of the7
criminal offenses specified in section 26.5-5-309 (4) or any other felony.8
The executive director shall promulgate STATE BOARD SHALL ADOPT rules9
that define and identify what the criminal history record check entails.10
(B)  Rules promulgated by the executive director ADOPTED BY THE11
STATE BOARD pursuant to this subsection (1)(a)(I) must allow an12
exemption from the fingerprint-based criminal history record check and13
the check of the records and reports of child abuse or neglect maintained14
by the state department of human services for those out-of-state15
employees working in Colorado at a children's resident camp in a16
temporary capacity for a camp that is in operation for fewer than ninety17
days. Each person so exempted from fingerprinting and the check of the18
records and reports of child abuse or neglect maintained by the state19
department of human services shall sign a statement that affirmatively20
states that the person has not been convicted of any charge of child abuse,21
unlawful sexual offense, or any felony. Prospective employers of22
exempted persons shall conduct reference checks of the prospective23
employees in order to verify previous work history and shall conduct24
personal interviews with each prospective employee.25
(C)  Rules promulgated by the executive director ADOPTED BY THE26
STATE BOARD pursuant to this subsection (1)(a)(I) must require the27
SB25-119
-42- fingerprint-based criminal history record check in all circumstances, other1
than those identified in subsection (1)(a)(I)(B) or (1)(a)(I)(D) of this2
section, to include a fingerprint-based criminal history record check3
utilizing the records of the Colorado bureau of investigation and the4
federal bureau of investigation and, for any new owner, new applicant,5
newly hired employee, new licensee, or individual who begins residing6
in the licensed facility. As part of the investigation, the records and7
reports of child abuse or neglect maintained by the state department of8
human services must be accessed to determine whether the owner,9
applicant, employee, newly hired employee, licensee, or individual who10
resides in the licensed facility being investigated has been found to be11
responsible in a confirmed report of child abuse or neglect. Information12
is made available pursuant to section 19-1-307 (2)(j) and rules13
promulgated by the state board of human services pursuant to section14
19-3-313.5 (4). Except as provided in subsection (1)(a)(I)(D) of this15
section, any change in ownership of a licensed facility or the addition of16
a new resident adult or newly hired employee to the licensed facility17
requires a new investigation as provided in this section.18
(E)  The executive director shall promulgate STATE BOARD SHALL19
ADOPT rules to implement this subsection (1)(a)(I).20
(II)  Rules promulgated by the executive director ADOPTED BY THE21
STATE BOARD pursuant to subsection (1)(a)(I) of this section must also22
include:23
(b) (II)  The executive director STATE BOARD shall adopt rules24
concerning the on-site public availability of the most recent inspection25
report results of child care center facilities and family child care home26
facilities, when requested. The executive director STATE BOARD shall also27
SB25-119
-43- adopt rules concerning a requirement that all facilities licensed under this1
part 3 post their licenses and information regarding the procedures for2
filing a complaint under this part 3 directly with the department, which3
rules must require that each such facility display its license and complaint4
procedures in a prominent and conspicuous location at all times during5
operational hours of the facility.6
SECTION 50. In Colorado Revised Statutes, 26.5-5-318, amend7
(1)(c) and (2) as follows:8
26.5-5-318.  Notice of negative licensing action - filing of9
complaints. (1) (c)  The executive director shall promulgate STATE10
BOARD SHALL ADOPT rules concerning the assessment of a fine against a11
licensee that is equal to the direct and indirect costs associated with the12
mailing of the notice described in subsection (1)(b) of this section against13
the facility.14
(2)  The executive director shall promulgate STATE BOARD SHALL15
ADOPT rules requiring child care center facilities and family child care16
home facilities to provide written notice to the parents and legal guardians17
of the children cared for in such facilities of the procedures by which to18
file a complaint against the facility or an employee of the facility with the19
department. The rules must specify the information the notice must20
contain, but must require that the notice include the current mailing21
address and telephone number of the appropriate division within the22
department.23
SECTION 51. In Colorado Revised Statutes, 26.5-5-325, amend24
(1)(c) and (2) as follows:25
26.5-5-325.  Family child care homes - administration of26
routine medications - parental direction - rules. (1)  The delegation of27
SB25-119
-44- nursing tasks by a registered nurse pursuant to section 12-255-131 is not1
required for the administration of routine medications by a child care2
provider to children cared for in family child care homes licensed3
pursuant to this part 3, subject to the following conditions:4
(c)  Routine medications are administered in compliance with rules5
promulgated by the executive director ADOPTED BY THE STATE BOARD6
pursuant to subsection (2) of this section;7
(2)  The executive director shall promulgate STATE BOARD SHALL8
ADOPT rules concerning the medically acceptable procedures and9
standards to be followed by child care providers administering routine10
medications to children cared for in family child care homes.11
SECTION 52. In Colorado Revised Statutes, 26.5-5-326, amend12
(4)(a) and (6) as follows:13
26.5-5-326.  Exempt family child care home providers -14
fingerprint-based criminal history record check - child care15
assistance program money - temporary care - rules - definitions.16
(4)  The department or a county department shall not issue or renew a17
contract to provide money pursuant to the Colorado child care assistance18
program pursuant to part 1 of article 4 of this title 26.5 to a qualified19
provider if the qualified provider or a qualified adult:20
(a)  Has a pattern of misdemeanor or petty offense convictions21
occurring within the ten years preceding submission of the application,22
including petty offense convictions pursuant to section 26.5-5-321. The23
executive director STATE BOARD shall define by rule what constitutes a24
pattern of misdemeanor or petty offense convictions.25
(6)  The executive director shall promulgate STATE BOARD SHALL26
ADOPT rules to establish the amount of the fee to collect from a qualified27
SB25-119
-45- provider or qualified adult who is subject to an FCC pursuant to1
subsection (1) of this section or a name-based judicial record check2
pursuant to subsection (2) of this section. The department is authorized3
to collect the fee at the time of the FCC or name-based judicial record4
check.5
SECTION 53. In Colorado Revised Statutes, amend 26.5-5-3276
as follows:7
26.5-5-327.  Unique student identifying numbers - rules. The8
executive director shall promulgate STATE BOARD SHALL ADOPT rules as9
necessary for the assignment of uniquely identifying numbers to children10
who receive early childhood services. At a minimum, the rules must11
include children who receive state-subsidized or federally subsidized12
early childhood services, including but not limited to services provided13
through the child care development block grant, the Colorado universal14
preschool program, and head start.15
SECTION 54. In Colorado Revised Statutes, 26.5-5-331, amend16
(1) introductory portion as follows:17
26.5-5-331.  Outdoor nature-based preschool programs - child18
care centers - rules - definition. (1)  No later than December 31, 2025,19
the executive director shall promulgate STATE BOARD SHALL ADOPT rules20
for child care centers that operate as outdoor nature-based preschool21
programs. Rules promulgated ADOPTED pursuant to this section must22
include, but are not limited to:23
SECTION 55. In Colorado Revised Statutes, amend 26.5-6-10224
as follows:25
26.5-6-102.  Voluntary child care credentialing system - rules.26
The department shall develop and maintain a statewide voluntary child27
SB25-119
-46- care credentialing system that recognizes the training and educational1
achievements of persons providing early childhood care and education.2
The use of the voluntary child care credentialing system must include but3
need not be limited to the early childhood councils established pursuant4
to part 2 of article 2 of this title 26.5. The voluntary child care5
credentialing system is a multi-tiered system of graduated credentials that6
reflects the increased training, education, knowledge, skills, and7
competencies of persons working in early childhood care and education8
services in the various councils. The voluntary child care credentialing9
system must award credit for the education and training of persons10
working in early childhood care and education concerning the prevention11
of child sexual abuse. This education and training includes understanding12
healthy child development, creating safe environments for children,13
recognizing signs of abuse and problematic behaviors, and responsible14
methods of response to disclosures or concerns of abuse or potential15
abuse. The executive director shall promulgate such STATE BOARD SHALL16
ADOPT rules as are necessary for the statewide implementation of the17
voluntary child care credentialing system.18
SECTION 56. In Colorado Revised Statutes, 26.5-6-103, amend19
(1) and (2) as follows:20
26.5-6-103.  Pathways to the classroom and retention strategies21
for early childhood educators - standards - alignment across agencies22
- report - rules. (1)  The executive director shall promulgate STATE23
BOARD SHALL ADOPT rules establishing standards for licensing that allow24
an early care and education program to be licensed pursuant to part 3 of25
article 5 of this title 26.5 for a period of time determined by the executive26
director STATE BOARD, if a number, as specified in department rule, of27
SB25-119
-47- aspiring early childhood educators in the program are pursuing a1
state-agency-approved early childhood credential and other quality,2
safety, and supervision conditions are met.3
(2)  The executive director shall promulgate STATE BOARD SHALL4
ADOPT rules that allow an early childhood educator to earn points toward5
an early childhood credential that meets child care licensing standards6
based on the candidate's prior experience and demonstrated competency.7
The licensing pathway must also include ways in which a candidate in a8
second career or changing careers can earn points or credits for prior9
experience and competencies that apply toward the qualifications for an10
early childhood educator credential. The standards and credential11
awarding process may use validated tools to award points for12
demonstrated competencies.13
SECTION 57. Effective date. This act takes effect upon passage;14
except that sections 4, 5, 6, 7, 8, 10, 12, 14, and 15 of this act take effect15
on June 1, 2026.16
SECTION 58. 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
SB25-119
-48-