Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0304.01 Jane Ritter HOUSE BILL 06-1037 HOUSE SPONSORSHIP Merrifield, SENATE SPONSORSHIP Jones, House Committees Senate Committees Education A BILL FOR AN ACT Concerning collection of data on children five years of age and younger who have been disenrolled as a result of challenging behavior. 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. Authorizes the early childhood and school readiness commission to collect aggregate data from the department of education and the department of human services on children 5 years of age and younger who have been disenrolled from a child care program as a result of challenging behavior. Requires a school district participating in the Colorado preschool program to collect and submit to the department of education data on children 5 years of age and younger who have been disenrolled from a preschool program within the district. Requires a pilot site agency participating in the consolidated child care services pilot program to collect and submit to the department of human services data on children 5 years of age and younger who have been disenrolled from early childhood and education services provided by the pilot site agency program. Requires each county to collect and submit to the department of human services data on children 5 years of age and younger who have been disenrolled from child care services paid for by the Colorado child care assistance program. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 26-6-305 (1) (d) and (1) (e), Colorado Revised Statutes, are amended, and the said 26-6-305 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 26-6-305. Early childhood and school readiness 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 early childhood system, the commission shall have the following duties: (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; and (f) (I) To receive and evaluate data concerning children five years of age and younger who have been disenrolled from a child care program as a result of challenging behavior. For the purposes of this paragraph (f), "challenging behavior" includes, but is not limited to, continued willful disobedience; open and persistent defiance of proper authority; willful destruction or defacing of property; behavior that is detrimental to the welfare or safety of the child, other children, or child care or school personnel; or any behavior that was initiated, willful, and overt on the part of the child and that causes a material and substantial disruption to the child care or school setting. (II) The commission shall make recommendations, including but not limited to proposals for legislation, if applicable, concerning their findings after evaluation of the data. (III) The commission shall obtain the data from the following sources: (A) The department of education, based on information collected from school districts participating in the Colorado preschool program created in article 28 of title 22, C.R.S.; (B) The department of human services, based on information collected from the community consolidated child care services pilot program, created in article 6.5 of this title, and the Colorado child care assistance program, created in part 8 of article 2 of this title. SECTION 2. 22-28-103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 22-28-103. Definitions. As used in this article, unless the context otherwise requires: (1.5) "Challenging behavior" means behavior that includes, but is not limited to, continued willful disobedience; open and persistent defiance of proper authority; willful destruction or defacing of property; behavior that is detrimental to the welfare or safety of the child, other children, or child care or school personnel; or any behavior that was initiated, willful, and overt on the part of the child and that causes a material and substantial disruption to the child care or school setting. SECTION 3. 22-28-104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 22-28-104. Establishment of public preschool programs - data collection. (5) A school district that elects to participate in the state preschool program shall provide to the department on or before August 1, 2007, and on or before each August 1 thereafter, aggregate data on children five years of age and younger who have been disenrolled from a district preschool program as a result of challenging behavior. The data shall include, but need not be limited to: (a) The number of children in the district preschool program who have been disenrolled; (b) Demographic information concerning said children; (c) The number of referrals for additional services for said children; (d) The number of said children with an attachment disorder, a regulatory disorder, or a serious emotional disturbance identified in their individual educational programs; and (e) The community resources available for said children and their families. SECTION 4. 26-6.5-103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 26-6.5-103. Program scope - data collection - definition. (9) (a) Each pilot site agency shall provide to the state department on or before August 1, 2007, and on or before each August 1 thereafter, aggregate data on children five years of age and younger who, as a result of challenging behavior as defined in paragraph (b) of this subsection (9), have been disenrolled from early childhood care and education services provided by the pilot site agency. (b) For the purposes of this subsection (9), "challenging behavior" includes, but is not limited to, continued willful disobedience; open and persistent defiance of proper authority; willful destruction or defacing of property; behavior that is detrimental to the welfare or safety of the child, other children, or child care or school personnel; or any behavior that was initiated, willful, and overt on the part of the child and that causes a material and substantial disruption to the child care or school setting. (c) The data collected shall include, but need not be limited to: (I) The number of children who have been disenrolled; (II) Demographic information concerning said children; (III) The number of referrals for additional services for said children; (IV) The number of said children with an attachment disorder, a regulatory disorder, or a serious emotional disturbance identified in their individual educational programs; and (V) The community resources available for said children and their families. SECTION 5. 26-2-805, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 26-2-805. Services - assistance provided - rules - data collection - definitions. (4) (a) Each county shall provide to the state department on or before August 1, 2007, and on or before each August 1 thereafter, aggregate data on children five years of age and younger who, as a result of challenging behavior as defined in paragraph (b) of this subsection (4), have been disenrolled from child care services paid for by the child care assistance received pursuant to this section. (b) For the purposes of this subsection (4), "challenging behavior" includes, but is not limited to, continued willful disobedience; open and persistent defiance of proper authority; willful destruction or defacing of property; behavior that is detrimental to the welfare or safety of the child, other children, or child care or school personnel; or any behavior that was initiated, willful, and overt on the part of the child and that causes a material and substantial disruption to the child care or school setting. (c) The data collected shall include, but need not be limited to: (I) The number of children who have been disenrolled; (II) Demographic information concerning said children; (III) The number of referrals for additional services for said children; (IV) The number of said children with an attachment disorder, a regulatory disorder, or a serious emotional disturbance identified in their individual educational programs; and (V) The community resources available for said children and their families. SECTION 6. 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.