First Regular Session
Sixty-first General Assembly
LLS NO. 970577.01 JAP
HOUSE BILL 971267
STATE OF COLORADO
BY REPRESENTATIVE S. Williams
WELFARE & INSTITUTIONS
A BILL FOR AN ACT
CONCERNING EDUCATION ENDORSEMENTS FOR LICENSED CHILD
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Instructs the state board of human services to develop rules for the issuance of an education endorsement on the license of any child care center or family child care home that provides educational services and that applies for the endorsement. Specifies that a child care center or family child care home is not required to obtain an education endorsement in order to provide educational services.
Authorizes the department of human services to establish
a fee for issuance of the endorsement. Requires the department
to adopt standards for the education endorsement and work with
the department of education to ensure that the standards are comparable
to those established for school district preschool programs. Authorizes
the department to conduct any investigations that may be necessary
for issuance of an education endorsement. Establishes grounds
for which an education endorsement may be denied, revoked, suspended,
or made probationary. Specifies that an applicant is entitled
to a hearing on decisions concerning an education endorsement.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 266104, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
266104. Licenses outofstate notices and consent education endorsement. (6.5) THE STATE BOARD OF HUMAN SERVICES SHALL ESTABLISH RULES UNDER WHICH ANY CHILD CARE CENTER OR FAMILY CHILD CARE HOME LICENSED PURSUANT TO THIS ARTICLE MAY APPLY FOR AND RECEIVE ON ITS LICENSE AN ENDORSEMENT SPECIFYING THAT THE CHILD CARE CENTER OR FAMILY CHILD CARE HOME PROVIDES EDUCATIONAL SERVICES THAT MEET THE ENDORSEMENT STANDARDS. A LICENSED CHILD CARE CENTER OR FAMILY CHILD CARE HOME IS NOT REQUIRED TO SEEK OR OBTAIN AN EDUCATION ENDORSEMENT IN ORDER TO PROVIDE EDUCATIONAL SERVICES.
SECTION 2. 266105 (1) (b), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
266105. Fees when original applications and reapplications for licensure are required creation of child care licensing cash fund. (1) (b) The department may also establish fees pursuant to rules and regulations promulgated by the state board of human services, for the following situations:
(II.5) ISSUANCE OF AN EDUCATION ENDORSEMENT, AS PROVIDED IN SECTION 266104 (6.5), ON A LICENSE ISSUED TO A CHILD CARE CENTER OR A FAMILY CHILD CARE HOME;
SECTION 3. 266106, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
266106. Standards for facilities and agencies. (2.5) IN ADDITION TO THE LICENSING STANDARDS SPECIFIED IN THIS SECTION, THE DEPARTMENT SHALL PRESCRIBE AND PUBLISH STANDARDS FOR THE ISSUANCE OF EDUCATION ENDORSEMENTS, PURSUANT TO SECTION 266104 (6.5), ON LICENSES ISSUED TO CHILD CARE CENTERS AND FAMILY CHILD CARE HOMES. IN PRESCRIBING SUCH STANDARDS, THE DEPARTMENT SHALL COLLABORATE WITH THE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION TO ENSURE THAT SUCH STANDARDS ARE COMPARABLE TO THE BASIC PROGRAM STANDARDS FOR DISTRICT PRESCHOOL PROGRAMS ESTABLISHED PURSUANT TO SECTION 228108, C.R.S.
SECTION 4. 266107 (1) (b) and (2), Colorado Revised Statutes, 1989 Repl. Vol., as amended, are amended, and the said 266107 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
266107. Investigations and inspections local authority reports. (1) (a.5) IN ADDITION, THE DEPARTMENT SHALL INVESTIGATE, TO THE EXTENT NECESSARY, AND PASS ON ANY APPLICATION FOR AN EDUCATION ENDORSEMENT PURSUANT TO SECTION 266104 (6.5).
(b) When the department, county department, or child placement agency is satisfied that the applicant or licensee is competent and will operate adequate facilities to care for children under the requirements of this part 1 and that standards are being met and will be complied with, it shall issue the license OR EDUCATION ENDORSEMENT for which applied. The department shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license OR EDUCATION ENDORSEMENT before the license OR ENDORSEMENT is granted and shall thereafter inspect or cause to be inspected the facilities of all licensees that, during the period of licensure, have been found to be the subject of complaints or to be out of compliance with the standards set forth in section 266106 and the rules of the department or that otherwise appear to be placing children at risk. The department may make such other inspections as it deems necessary to ensure that the requirements of this article are being met and that the health, safety, and welfare of the children being placed are protected. The board shall adopt rules concerning a requirement that child care facilities post the license and the onsite public availability of the results of the most recent inspection report.
(2) The department may authorize or contract with any county department of social services, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children to investigate and inspect the facilities applying for an original license OR EDUCATION ENDORSEMENT or applying for a permanent license following the issuance of a probation or provisional license under this part 1 and may accept reports on such investigations and inspections from such agencies or organizations as a basis for such licensing OR ENDORSING. When contracting for investigations and inspections, the department shall assure that the contractor is qualified by training and experience and has no conflict of interest with the facilities to be inspected. A city, county, or city and county may impose and enforce higher standards and requirements for facilities licensed under this part 1 than the standards and requirements specified under this part 1.
SECTION 5. 266108 (1) and (3), Colorado Revised Statutes, 1989 Repl. Vol., as amended, are amended, and the said 266108 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
266108. Denial of original license
suspension revocation probation refusal
to renew license. (1) When
an application for an original license OR AN EDUCATION ENDORSEMENT
has been denied by the department, the department shall notify
the applicant in writing of such denial by mailing a notice to
APPLICANT at the address shown on his
THE application. Any applicant believing
himself WHO IS aggrieved by such
denial may pursue the remedy for review as provided in subsection
(3) of this section if he
THE APPLICANT, within thirty days after receiving such notice,
petitions the department to set a date and place for hearing,
THE APPLICANT an opportunity to be heard in person or by counsel.
All hearings on the denial of original licenses OR EDUCATION ENDORSEMENTS
shall be conducted in conformity with the provisions and procedures
specified in article 4 of title 24, C.R.S., as in the case of
the suspension and revocation of licenses.
(2.7) THE DEPARTMENT MAY DENY, SUSPEND, REVOKE, OR MAKE PROBATIONARY THE EDUCATION ENDORSEMENT OF ANY CHILD CARE CENTER OR FAMILY CHILD CARE HOME REGULATED AND LICENSED UNDER THIS PART 1 IF THE LICENSEE:
(a) CONSISTENTLY FAILS TO MAINTAIN STANDARDS FOR AN EDUCATION ENDORSEMENT PRESCRIBED AND PUBLISHED BY THE DEPARTMENT; OR
(b) FURNISHES OR MAKES ANY MISLEADING OR ANY FALSE STATEMENT OR REPORT TO THE DEPARTMENT CONCERNING THE EDUCATION ENDORSEMENT; OR
(c) REFUSES TO SUBMIT TO THE DEPARTMENT ANY REPORTS OR REFUSES TO MAKE AVAILABLE TO THE DEPARTMENT ANY RECORDS REQUIRED BY IT IN MAKING AN INVESTIGATION OF THE FACILITY FOR PURPOSES OF THE EDUCATION ENDORSEMENT; OR
(d) FAILS OR REFUSES TO SUBMIT TO AN INVESTIGATION OR INSPECTION BY THE DEPARTMENT OR TO ADMIT AUTHORIZED REPRESENTATIVES OF THE DEPARTMENT AT ANY REASONABLE TIME FOR THE PURPOSE OF INVESTIGATION OR INSPECTION WITH REGARD TO THE EDUCATION ENDORSEMENT.
(3) The department shall suspend or revoke a license OR AN EDUCATION ENDORSEMENT only in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S., and after a hearing thereon as provided in said article 4; except that all hearings under this part 1 shall be conducted by an administrative law judge of the department who shall render his or her recommendation to the executive director of the department of human services who shall render the final decision of the department, and no licensee shall be entitled to a right to cure any of the charges described in paragraph (a), (b), (c), or (k) (I) of subsection (2) of this section. No such hearing shall prevent or delay any injunctive proceedings instituted under the provisions of section 266111.
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.