Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0147.01 Jane Ritter x4342 HOUSE BILL 14-1076 HOUSE SPONSORSHIP Peniston and Duran, Schafer SENATE SPONSORSHIP Zenzinger, Newell House Committees Senate Committees Education A BILL FOR AN ACT Concerning the creation of the early childhood quality incentive program for enhancing early childhood education. 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://www.leg.state.co.us/billsummaries.) Early Childhood and School Readiness Legislative Commission. The bill creates, in the department of education (department) and within the Colorado preschool program (CPP), the early childhood quality incentive program (program). Through the program, an eligible school district may apply to the department for a grant to cover the cost of a school-readiness quality rating for the its preschool program and, based on the quality ratings that the district's preschool program achieves, receive a quality improvement grant that the district must use to enhance the quality of the district's preschool program. Once every 2 years, school districts, based on the recommendation of the school district's preschool program advisory council, may apply to the department to participate in the program. A school district is eligible to participate in the program only if it has established a preschool program through the CPP that is in compliance with the requirements of the CPP and is licensed by the department of human services. School districts that contract out all or any portion of the school district's preschool program to a head start or child care agency must allow the head start or child care agency to participate in the program. A preschool program site that is rated at level one, 2, or 3 will receive a quality improvement grant for 2 years to be used in furtherance of the district's quality improvement plan generated by the quality improvement rating. A preschool program site that is rated at level 4 is eligible to receive an additional per child reimbursement that is 10% of the base per pupil revenue established for the CPP. A preschool program site that is rated at level 5 is eligible to receive an additional per child reimbursement that is 20% of the base per pupil revenue established for the CPP. Each district that participates in the program must report specified information to the department after the second year in which the district receives the quality improvement grant. In addition, the department must include certain information about the program in its annual report to the general assembly regarding the CPP. The state board of education must promulgate rules to implement and operate the program. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 22-28-115 as follows: 22-28-115. Early childhood quality incentive program - legislative declaration - definitions - eligibility - grants - rules. (1) The general assembly finds that: (a) Quality preschool programs are vital to the health and well-being of the children in Colorado; (b) The human capacity to develop and change is greatest from birth to five years, when the brain is most malleable and able to change in response to education and stimulation; (c) The investment made in quality preschool benefits children, parents, and the community in the long term; (d) Children who participate in the Colorado preschool program are less likely to repeat a grade or require special education services and more likely to show desirable academic growth and achievement; (e) High-quality preschool programs are known to result in greater kindergarten readiness and academic achievement; and (f) Grants to improve preschool programs recognize and support the cost of providing high-quality early learning, ensure preschool program sustainability, and result in a better return on the money invested in the preschool program. (2) As used in this section, unless the context otherwise requires: (a) "Per pupil revenue" means the school district per pupil funding rate established under the "Public School Finance Act of 1994", article 54 of this title, for children eligible to participate in the Colorado preschool program or preschool special education services. (b) "Preschool classroom" means a district or community-based classroom that serves one or more preschool-age children who are eligible for the Colorado preschool program or preschool special education services. (c) "Preschool program" means a preschool program administered by a school district and that operates across a variety of early childhood settings that serve children who are eligible for the Colorado preschool program or preschool special education services. (d) "Preschool program site" means a district or community-based preschool site that serves one or more preschool-age children who are eligible for the Colorado preschool program or preschool special education services. (3) There is created in the department within the Colorado preschool program the early childhood quality incentive program, referred to in this section as the "program". A school district is an eligible school district for purposes of this section if it has established a preschool program through this article that is in compliance with the requirements of the Colorado preschool program and is licensed by the department of human services pursuant to article 6 of title 26, C.R.S. An eligible school district may apply to the department to receive an initial grant to pay the cost of obtaining a school-readiness quality rating pursuant to section 26-6.5-106 (5), C.R.S., for the district's preschool program sites and, based on the quality rating that the district's preschool program sites achieve, to receive a quality improvement grant that the district must use to enhance the quality of the district's preschool program. (4) (a) The school district's preschool program advisory council shall assess the school district's need to participate in the program and recommend to the board of education whether it would be beneficial for the school district to apply to the department to participate in the program. For the 2014-15 budget year and every second budget year thereafter, an eligible school district may, upon recommendation of the school district preschool program advisory council, apply to the department to participate in the program. Only the preschool program sites within the school district's preschool program in which one or more students are enrolled through the Colorado preschool program may participate in the program. (b) If, pursuant to section 22-28-109, a school district contracts out all or any portion of the school district's preschool program to a head start agency or to one or more child care agencies, the school district shall allow the head start agency or child care agencies to participate in the program through the school district. A school district that participates in the program shall ensure that the proportion of total child care agencies and head start preschool classrooms with which the school district contracts is equal to the proportion of total preschool classrooms in the school district that participate in the program. (5) (a) The department shall operate the program on a two-year budget cycle. In the first budget year, an eligible school district may apply to the program and receive a grant to cover the cost of receiving school readiness quality ratings for its preschool program sites as provided in section 26-6.5-106, C.R.S. A preschool program site that is rated at level one, two, or three may receive a quality improvement grant in the first or second budget years of the cycle in an amount equal to three thousand dollars per preschool classroom at the program site. The district must use a grant received pursuant to this subsection (5) either to receive a school-readiness quality rating or in furtherance of the preschool program site's quality improvement plan based upon the quality improvement rating. Investments in elements of quality may include, but need not be limited to, covering teacher training and education costs, improving quality of the learning environment, utilizing mental health consultation, supporting social emotional development, promoting effective teacher-child interactions, and promoting parent involvement activities. (b) A preschool program site that is rated at level four is eligible to receive an additional per child reimbursement equal to ten percent of the base per pupil revenue established for the Colorado preschool program. A preschool program site that is rated at level five is eligible to receive an additional per child reimbursement equal to twenty percent of the base per pupil revenue established for the Colorado preschool program. The per child reimbursement must be distributed based upon the number of preschool program students enrolled at the preschool program site. (c) A school district preschool program classroom that is operated by a head start or child care agency pursuant to section 22-28-109 and that receives a quality improvement grant pursuant to the program must receive one hundred percent of the grant allowed in each year of the program. (6) At the conclusion of the second budget year in which a district receives a quality improvement grant pursuant to this section, the district shall submit a report to the department that includes the following information: (a) The number of preschool program sites for which the school district received quality improvement grants pursuant to the program; (b) The purposes for which the districts used the quality improvement grants; and (c) The progress made by the school district in increasing the quality of the school district's preschool program as a result of the quality improvement grants. (7) In its annual report to the general assembly regarding the Colorado preschool program, the department shall include the following information about the early quality incentive program: (a) The number of districts that applied to participate in the program and the number of districts that were approved to participate in the program; (b) The number of preschool program sites that achieved a quality rating as a result of the program and the quality levels of the preschool program sites that were rated; (c) The number of quality improvement grants that were awarded; and (d) Based on the information provided in the districts' reports to the department pursuant to subsection (6) of this section, the ways in which the districts used the quality improvement grants to improve quality in their preschool programs. (8) The state board shall promulgate rules for the implementation of this section. The rules must be promulgated in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., and must establish the following: (a) An application process through which an eligible school district may apply to the program, which process is created in conjunction with the Colorado department of human services and complies with Colorado preschool program requirements, state licencing requirements, and the state's quality rating and improvement system requirements; (b) An application timeline to ensure that all eligible school districts that choose to participate in the program apply in the first year of the program's two-year cycle and receive a quality rating in the first year; (c) The deadline by which each school district that participates in the program must submit a report to the department as required in subsection (6) of this section; (d) A process and criteria for selecting school districts to participate in the program if the number of school districts that apply to the program exceeds the number of school districts that may participate in the program based on the available funding and resources for the program; and (e) Any other rules deemed necessary to implement and operate the program. (9) (a) For the 2014-15 budget year and each budget year thereafter, the general assembly shall annually appropriate moneys from the state education fund or any other source to the department for the purposes of this section. (b) The general assembly hereby finds and declares that, for the purposes of section 17 of article IX of the state constitution, the early childhood quality incentive program within the Colorado preschool program is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. SECTION 2. 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.