First Regular Session Sixty-sixth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 07-0047.01 Richard Sweetman SENATE BILL 07-011 SENATE SPONSORSHIP Williams, HOUSE SPONSORSHIP Todd, Senate Committees House Committees Education A BILL FOR AN ACT Concerning a commission to study issues impacting early childhood programs, and, in connection therewith, replacing the early childhood and school readiness commission with the early childhood commission, and making an appropriation therefor. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Early Childhood and School Readiness Commission. Abolishes the early childhood and school readiness commission, and creates the early childhood commission ("commission"). Directs the commission to prepare recommendations for the general assembly regarding the creation of a governing authority for all early childhood programs offered in the state. Directs the commission to oversee a statewide, comprehensive fiscal analysis of the cost of high-quality early childhood programs and services in all counties of the state. Allows general fund moneys to be appropriated to implement the statutory duties of the commission. Establishes a repeal date for the commission. Appropriates moneys from the general fund to the early childhood cash fund. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 3 of article 6 of title 26, Colorado Revised Statutes, is amended to read: PART 3 EARLY CHILDHOOD COMMISSION 26-6-301. Short title. This part 3 shall be known and may be cited as the "Early Childhood and School Readiness Commission Act". 26-6-302. Legislative declaration. (1) (a) The general assembly hereby finds that the future of Colorado children is of primary concern to the citizens of this state and that the quality of care provided to these young children is an integral component in the development of happy, functional, and contributing adults. However, the general assembly has learned that the safety and quality of available child care is early childhood programs and services are at issue in Colorado. Reports by the state auditor's office released in April of 1995 and in August of 1998 have identified several areas in which the safety and quality of child care in Colorado has been compromised. (b) (2) The general assembly further finds that, based upon the evidence presented to the interim committee on child care established pursuant to SJR 99-034, there are many programs that should be considered, tested, evaluated, or established that may better serve children in this state and help to provide them with high quality, affordable child care. The general assembly recognizes that the interim committee on child care addressed a wide range of issues in proposed legislation but further notes that many issues were of too great a nature to be thoroughly studied by the committee in the very limited time available to it. (c) (3) Accordingly, the general assembly finds that it is appropriate and in the best interests of the citizens of the state of Colorado to establish a commission to continue studying the critical issues impacting child care early childhood programs and services in the state of Colorado in an effort to improve the quality of child care provided to life of the youngest citizens of the state. (d) (4) The general assembly recognizes that it is the primary right and obligation of parents to determine and provide the proper early childhood care and education for their children. The general assembly further recognizes that preschool children receive the best start in life when their parents are actively engaged in their daily activities and are directly providing their care and education. Recognizing these principles, the general assembly directs the commission to work toward a comprehensive early childhood systems system that foster fosters as much parental involvement as possible and maintain maintains the maximum amount of authority and responsibility for parents. (e) (5) In addition, the general assembly finds that the reports of the commission filed with the general assembly since November 1, 2001, as well as recent state and national longitudinal studies, indicate that quality early childhood care and education programs and services are directly linked to children's school readiness. These studies show that quality early childhood care and education programs and services result in children being able to enter school with the basic skills necessary to succeed in school. Studies also indicate that quality early childhood care and education programs and services are the foundations for academic achievement and productivity in life. (f) (6) The general assembly further finds that, through the process of studying and analyzing early childhood care and education issues, the commission has located numerous statewide initiatives that have developed long-range comprehensive strategies and plans related to early childhood systems at the state and local level based on the studies and reports of the commission, children in the state would benefit from the creation of a comprehensive early childhood system, at the state and local levels, that includes family support programs, health programs, mental health programs, and early childhood education programs. (g) (7) The general assembly finds that the commission, with specialized knowledge and expertise concerning the links between early childhood care and education programs and services, early childhood development, and school readiness, should expand upon its study, review, and evaluation of school readiness and early childhood care and education and should continue its plans for creating a comprehensive early childhood system. (8) The general assembly further finds that early childhood programs and services in the state are administered separately by multiple state departments and agencies, resulting in overlaps, duplications, gaps, and varying standards. Therefore, the general assembly directs the commission to prepare, as part of its plan for creating a comprehensive early childhood system as required pursuant to section 26-6-305 (1) (a), recommendations for the general assembly regarding the creation of a governing authority for all early childhood programs and services offered in the state, which authority shall consult and incorporate the expertise of: (a) State departments and agencies that provide or support early childhood programs and services; (b) Private organizations that provide or support early childhood programs and services; and (c) Local early childhood councils. 26-6-303. Definitions. As used in this part 3, unless the context otherwise provides: (1) "Child care" means care provided to a child or children by a child care facility required to be licensed pursuant to part 1 of this article or by a facility described in section 26-6-103 that is not required to be licensed. The term "child care" as used in this part 3 does not include care provided to a child by that child's parent or legal guardian. (2) "Child care facility" means any facility required to be licensed pursuant to part 1 of this article and shall include, but is not limited to: (a) Child care centers; (b) Child placement agencies; (c) Family child care homes; (d) Foster care homes; (e) Homeless youth shelters; (f) Residential child care facilities; and (g) Secure residential treatment centers. (3) "Commission" means the early childhood and school readiness commission created in section 26-6-304. (4) "Early childhood care and education programs and services" means care for young children that nurtures social, emotional, physical, and cognitive development, is provided in a safe and healthy environment for children, and is provided by for-profit and not-for-profit child care centers, child care homes, and preschools, including but not limited to faith-based care public and private programs that directly benefit children who are younger than eight years of age, including but not limited to family support programs, health programs, mental health programs, and early childhood education programs. (5) "Early childhood system" means a collaborative, integrated system of care-givers early childhood programs and services, including but not limited to: (a) Individuals, community groups, associations, and agencies that regularly interact in forming comprehensive partnerships and cooperatives around child physical health, child mental health, early childhood care and education, and family support with the purpose of supporting families and communities; and (b) A governing authority for all early childhood programs and services offered in the state, as described in section 26-6-305 (1) (f). (6) "School readiness" means the ability of a child to succeed in school based on the child's physical health and motor development, social and emotional development, language development, and cognition and general knowledge development from birth to age eight and also includes the ability of schools, families, and communities to support children's learning and success. 26-6-304. Early childhood commission - created - repeal. (1) (a) In order to continue the study and review of the early childhood system in the state of Colorado, there is hereby created in the state department the early childhood and school readiness commission. The commission shall consist of fifteen members to be appointed for terms of three years; except that, of the members first appointed, five members shall be appointed for one year, five members for two years, and five members for three years. The appointing authorities shall jointly determine which commission members shall serve reduced terms; except that the members described in paragraph (b) of this subsection (1) shall be included in the group of members first appointed for two years. Vacancies shall be filled by appointment of the original appointing authority for the remainder of the unexpired term. Initial appointments shall be made to the commission no later than August 1, 2000. (b) The governor shall appoint nine members of the commission, no more than five of whom shall be from the same political party, who shall be representative of the cultural and geographic diversity of the state and at least one of whom shall have experience working with children with disabilities. The members of the commission appointed by the governor shall also be representative of the following interests, organizations, state agencies, and boards: (I) The division of child care in the state department of human services; (II) The community consolidated child care services pilot program established pursuant to article 6.5 of this title; (III) Educators teaching children in preschool, kindergarten, or grades one through five; (IV) The state board for community colleges and occupational education; (V) The county departments of social services; (VI) Child care facilities; (VII) Parents of children currently enrolled in a public or private early childhood care and education program; (VIII) The business community; (IX) Non-profit or not-for-profit organizations that evaluate the quality of early childhood care and education programs and assign ratings thereto in an effort to assess the success of such programs and to improve the ultimate delivery of early childhood care and education. (b.5) Notwithstanding the provisions of paragraph (b) of this subsection (1), on and after July 1, 2004, the governor's appointments to the commission shall be increased by two, resulting in eleven total appointments to the commission by the governor, no more than six of whom shall be from the same political party. The additional persons appointed by the governor shall be representative of the cultural and geographic diversity of the state. The governor's appointments to the commission shall be further modified as follows: (I) The member representing child care facilities appointed pursuant to subparagraph (VI) of paragraph (b) of this subsection (1) shall be deemed removed as of June 30, 2004, and the governor shall appoint two members to represent child care facilities, one of whom represents a nonprofit child care facility and one of whom represents a private for-profit child care facility; (II) The member who is a parent of a child currently enrolled in a public or private early childhood care and education program appointed pursuant to subparagraph (VII) of paragraph (b) of this subsection (1) shall be deemed removed as of June 30, 2004, and the governor shall appoint a new member who is a parent of a child currently enrolled in a nonprofit or private for-profit early childhood care and education program who is not otherwise engaged in the business of child care or early childhood education; (III) The member representing the business community appointed pursuant to subparagraph (VIII) of paragraph (b) of this subsection (1) shall be deemed removed as of June 30, 2004, and the governor shall appoint a new member to represent the business community, which member shall not be engaged in the business of child care or early childhood education; and (IV) The governor shall appoint a new member who is a director of a Colorado head start grantee program. (c) Six of the members of the commission shall be members of the general assembly and shall be appointed as follows: (I) The president of the senate shall appoint two members from the senate, and the minority leader of the senate shall appoint one member from the senate to serve on the commission, no more than two of whom shall be members of the same political party. (II) The speaker of the house of representatives shall appoint three members from the house of representatives to serve on the commission, no more than two of whom shall be members of the same political party. (d) Notwithstanding the terms of appointment referenced in paragraph (a) of this subsection (1), on and after July 1, 2004, the members remaining on the commission pursuant to paragraphs (b) and (c) of this subsection (1) and the new members appointed pursuant to paragraph (b.5) of this subsection (1) shall each serve for a term of three years, with the term commencing on July 1, 2004. (e) This subsection (1) is repealed, effective June 30, 2007. (1.5) (a) Effective June 30, 2007, the early childhood and school readiness commission, created pursuant to subsection (1) of this section as it existed prior to its repeal, is abolished, and the terms of the members then serving are terminated. (b) Effective July 1, 2007, there is hereby created in the state department the early childhood commission. The commission shall consist of twenty-two members. Any member of the early childhood and school readiness commission abolished in paragraph (a) of this subsection (1.5) may be appointed to succeed himself or herself on the commission. Vacancies shall be filled by appointment of the original appointing authority. Initial appointments shall be made to the commission no later than July 1, 2007. (c) The governor shall appoint twelve members of the commission, no more than seven of whom shall be from the same political party, who shall be representative of the cultural and geographic diversity of the state and at least one of whom shall have experience working with children with disabilities. The governor's appointees shall consist of the following: (I) The director of an early childhood care and education council established pursuant to section 26-6.5-106; (II) A representative of the Colorado commission on higher education created in section 23-1-102, C.R.S.; (III) A county commissioner or the director of a county department of social services; (IV) Four directors of statewide private or nonprofit organizations that represent early childhood programs and services as follows: (A) The director of a family support program; (B) The director of a health program; (C) The director of a mental health program; and (D) The director of an early childhood education program; (V) The director of a statewide parent organization; (VI) A representative of the business community, which member shall not be engaged in any business that provides early childhood programs and services; (VII) A representative of a statewide alliance of early childhood partnerships committed to building a comprehensive system for young children and their families; (VIII) A director of a Colorado head start grantee program; and (IX) A representative of the governor's office. (d) Six of the members of the commission shall be members of the general assembly and shall be appointed as follows: (I) The president of the senate shall appoint two members from the senate and the minority leader of the senate shall appoint one member from the senate to serve on the commission. (II) The speaker of the house of representatives shall appoint two members from the house of representatives and the minority leader of the house of representatives shall appoint one member from the house of representatives to serve on the commission. (e) Four of the members of the commission shall be voting ex officio members as follows: (I) The commissioner of education or his or her designee; (II) The executive director of the state department or his or her designee; (III) The executive director of the department of public health and environment or his or her designee; and (IV) The executive director of the department of health care policy and financing or his or her designee. (2) The members of the commission who are members of the general assembly shall be compensated as provided in section 2-2-307, C.R.S., from the early childhood and school readiness cash fund created pursuant to section 26-6-306.5. Members of the commission who are not members of the general assembly shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties while serving on the commission from the early childhood and school readiness cash fund created pursuant to section 26-6-306.5. (3) A majority of the members of the commission shall constitute a quorum. A quorum shall have full and complete power to act upon and resolve in the name of the commission any matter or question properly before it at any meeting. The commission, as soon after appointment as practicable and each year thereafter, shall elect executive officers to preside at all meetings of the commission from among its members who shall hold office until their successors are elected. The secretary, or his or her designee, shall make a record of the proceedings thereof that shall be preserved in the office of the state department. (4) The commission shall meet as often as necessary to carry out its duties as specified in this part 3. In completing its duties, the commission shall solicit input from parents, child care providers of early childhood programs and services, and other interested persons. 26-6-305. Early childhood commission - duties. (1) The commission shall continue to study, review, and evaluate the development of plans for creating a comprehensive early childhood system. In relation to the development of plans for creating an a comprehensive early childhood system, the commission shall have the following duties: (a) To evaluate plans develop a plan for the creation of an a comprehensive early childhood system in the state of Colorado; (b) To work with the state and local departments responsible for the welfare child care, and education of the children of the state of Colorado to develop a locally driven, state-coordinated system of care that improves the school readiness and the quality and delivery of the early childhood system; (c) (Deleted by amendment, L. 2004, p. 1768,  5, effective June 4, 2004.) (d) To involve parents, businesses, communities, early childhood professionals, service delivery providers, and policymakers in promoting an early childhood system; and (e) To serve as a resource for the implementation of an early childhood system; (f) To prepare recommendations for the general assembly regarding the creation of a governing authority for all early childhood programs and services offered in the state, including family support programs, health programs, mental health programs, and early childhood education programs. In preparing the recommendations, the commission shall: (I) Compile, review, evaluate, and incorporate existing plans relevant to early childhood programs and services; (II) Identify successes and failures of existing early childhood programs and services; (III) Identify overlaps, duplications, gaps, and varying standards in existing early childhood programs and services; (IV) Review existing laws and regulations relevant to early childhood programs and services; (V) Define common, measurable standards to apply to all early childhood programs and services offered in the state; (VI) Determine the means by which early childhood programs and services shall be accountable to the state government; and (VII) Consult with and incorporate the expertise of: (A) Parents; (B) Early childhood care and education councils established pursuant to section 26-6.5-106; (C) Providers of family support programs, health programs, mental health programs, and early childhood education programs; (D) Representatives of the federal head start program in the United States department of health and human services, region eight; (E) Representatives of the Colorado commission on higher education; (F) Representatives of local public education, including school district board of education members, administrators, and teachers; (G) Representatives of the child care resource and referral service in the state department; (H) Representatives of the prevention services division in the department of public health and environment; (I) Representatives of professional development programs for providers of early childhood programs and services; (J) Representatives of Colorado county governments; (K) Business leaders; (L) Representatives of a statewide organization that represents school districts; (M) Representatives of municipalities; and (N) Professional associations that represent providers of child care services; and (g) To oversee a statewide, comprehensive fiscal analysis of the cost of quality early childhood programs and services in all counties of the state. The commission shall report the results of the statewide fiscal analysis on or before July 1, 2010, to the counties, the general assembly, and the governor. The commission shall make the report available to the public electronically. 26-6-306. Reports - proposed legislation. (1) The commission shall prepare a report to the members of the general assembly on or before November 1, 2005, and on or before July 1, 2007, July 1, 2008, and on or before July 1 each year thereafter, concerning the matters it has studied and addressed. The report shall include recommendations of the commission. The commission shall submit the report to: (a) The education committees of the house of representatives and the senate or any successor committees; (b) The health and human services committees of the house of representatives and the senate or any successor committees; (c) The joint budget committee; and (d) The office of the governor. (1.5) The commission shall prepare a final report on or before July 1, 2010, of the commission's recommendations regarding the creation of a governing authority for all early childhood programs and services offered in the state, as described in section 26-6-305 (1) (f). The commission shall submit the report to the general assembly and the governor's office. (2) The legislative members of the commission shall submit proposals for legislation, if any, to the legislative council each year no later than the applicable deadline for approval of interim committee bills as specified in joint rule 24 of the legislative rules. 26-6-306.5. Early childhood commission - authority to contract for staff - authority to seek and accept gifts, grants, or donations - creation of fund - expenditures from fund. (1) The state department is hereby authorized to enter into a contract for staff assistance to carry out the provisions and purposes of this part 3. if the state department receives gifts, grants, and donations in an amount sufficient to fund staff assistance. (2) The state department is authorized to seek and accept gifts, grants, and donations from private or public sources for the purposes of this part 3. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the early childhood and school readiness cash fund, which fund is hereby created and referred to in this part 3 as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the state department and the legislative council for the direct and indirect costs associated with the implementation of this part 3. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. All unexpended and unencumbered moneys remaining in the fund as of July 1, 2007, July 1, 2010, shall be transferred to the child care cash fund, created in section 26-6-114 (5). (3) Compensation as provided in section 26-6-304 (2) for commission members who are members of the general assembly shall be approved by the chair of the legislative council and paid by vouchers and warrants drawn as provided by law from funds appropriated for such purpose and allocated to the legislative council from the fund. (4) (a) It is the intent of the general assembly that no general fund moneys shall be obligated or appropriated to implement the provisions of this part 3. (b) If the early childhood and school readiness cash fund created pursuant to this section does not contain moneys sufficient to pay the members of the commission for fiscal year 2004-05 by December 1, 2004, then the state department shall notify the commission, the state treasurer, and the revisor of statutes, and this part 3 shall be repealed, effective December 1, 2004. (c) If the early childhood and school readiness cash fund created pursuant to this section does not contain moneys sufficient to pay the members of the commission for fiscal year 2005-06 by December 1, 2005, then the state department shall notify the commission, the state treasurer, and the revisor of statutes, and this part 3 shall be repealed, effective December 1, 2005. (d) If the early childhood and school readiness cash fund created pursuant to this section does not contain moneys sufficient to pay the members of the commission for fiscal year 2006-07 by December 1, 2006, then the state department shall notify the commission, the state treasurer, and the revisor of statutes, and this part 3 shall be repealed, effective December 1, 2006. 26-6-307. Repeal of part. This part 3 is repealed, effective July 1, 2007 August 1, 2010. except that this part 3 may be repealed prior to July 1, 2007, if repeal is required by section 26-6-306.5 (4). SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the early childhood cash fund created pursuant to section 26-6-306.5, for the fiscal year beginning July 1, 2007, the sum of _____ dollars ($ ) and _____ FTE, or so much thereof as may be necessary, for the implementation of this act. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.