First Regular Session
Sixty-first General Assembly
LLS NO. 970590.01 MTJ
SENATE BILL 97137
STATE OF COLORADO
BY SENATOR Martinez
A BILL FOR AN ACT
CONCERNING SCHOOLAGE CHILD CARE PROGRAMS IN
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Authorizes a school district board of education to establish and implement schoolage child care programs to provide child care services in public school facilities, and specifies that the provisions of the act also apply to boards of cooperative services. Encourages a local board to consult with parents, school and community groups, child care agencies, and any other interested parties to assess the need for such a program and to aid in establishing the program. Requires a local board to establish policies concerning the operation of the program including a determination of whether to operate the program by contracting with a child care agency or through direct administration, the days and hours the program will be available, and the types of services provided.
Requires a local board of education to establish standards and qualifications for the operation of the program, including the qualifications of persons involved in the program, the staffchild ratio, a designation of the facilities available, the budget of the program and the fees for services, the provision of food services, and the amount of liability insurance necessary. Requires the program to be operated in compliance with all applicable state and local laws. Requires a local board to maintain adequate liability insurance if the local board is operating the program directly. Establishes that a local board shall not be required to furnish transportation in connection with the program.
Authorizes the department of education and the department of human services to provide technical assistance to a local board of education upon request of the local board. Authorizes a local board to establish a fee for the program. Encourages local boards to establish a sliding fee based on the cost of the program and a family's ability to pay. Provides that all fees shall be used to cover the costs of services.
Provides that a local board of education shall not charge rent to any child care agency with which it has contracted to provide services. Allows a local board to charge the child care agency a fee for security, maintenance, utilities, and other expenses directly attributable to the use of the building by the agency. Requires a program administered by a local board to comply with all state statutory child care licensing and inspection requirements.
Allows a local board of education to authorize a child care agency with which it has contracted to use a part of any public school building in the district. Provides that the establishment of a program in a school building is contingent on a determination that the program is being operated pursuant to the requirements of the local board and will not interfere with the building's use for regular school purposes. Requires that every contract with a child care agency allow a local board to withdraw approval of the agency to operate in the building by giving written notice. Grants a school district and its employees immunity from liability caused by withdrawal of approval. Provides that a child care agency may be liable for damages to the building. Requires a child care agency to submit proof of adequate liability insurance.
Authorizes local boards of education to accept grants
or donations from public or private sources for the purpose of
implementing a schoolage child care program. Encourages
local boards to work with boards of county commissioners to request
grants to serve schoolage children in lowincome families
whose parents are entering work activities. Requires the department
of education to report annually to the general assembly regarding
the schoolage child care programs in operation in the state.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 22, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:
Schoolage Child Care
2228.5101. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE LACK OF ACCESS TO AFFORDABLE CHILD CARE FOR SCHOOLAGE CHILDREN IS A SERIOUS AND GROWING PROBLEM. FOR MANY WORKING PARENTS, ESPECIALLY SINGLE PARENTS, THE HIGH COST AND UNAVAILABILITY OF CHILD CARE SERVICES IS AN INSURMOUNTABLE PROBLEM THAT RESULTS IN MANY CHILDREN BEING LEFT WITHOUT ADULT SUPERVISION. THE NEED FOR AVAILABLE AND AFFORDABLE CHILD CARE SERVICES WILL FURTHER INCREASE AS WELFARE REFORM EFFORTS MOVE LOWINCOME PARENTS FROM WELFARE TO WORK. THE GENERAL ASSEMBLY RECOGNIZES THAT UNSUPERVISED CHILDREN ARE SUBJECT TO AN INCREASED RISK OF PHYSICAL INJURY AND ACCIDENTS AND TO DEVELOPING BEHAVIORAL PROBLEMS INCLUDING DELINQUENCY, SUBSTANCE ABUSE, AND TEEN PREGNANCY.
(2) THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES THAT THE USE OF PUBLIC SCHOOLS FOR SCHOOLAGE CHILD CARE WOULD NOT ONLY BE OF GREAT BENEFIT AND CONVENIENCE FOR THE FAMILIES OF COLORADO, BUT WOULD ALSO CREATE A SAFER AND MORE PRODUCTIVE CHILD CARE ENVIRONMENT, MAXIMIZE THE USE OF SCHOOL FACILITIES, AND INCREASE THE AVAILABILITY, QUALITY, AND AFFORDABILITY OF SCHOOLAGE CHILD CARE SERVICES.
2228.5102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "CHILD CARE AGENCY" MEANS A FACILITY DEFINED AS A CHILD CARE CENTER PURSUANT TO THE PROVISIONS OF SECTION 266102 (1.5), C.R.S.
(2) "LOCAL BOARD OF EDUCATION" OR "LOCAL BOARD" MEANS THE BOARD OF EDUCATION OF A SCHOOL DISTRICT OR A BOARD OF COOPERATIVE SERVICES ESTABLISHED PURSUANT TO ARTICLE 5 OF THIS TITLE.
(3) "SCHOOLAGE CHILD CARE PROGRAM" OR "PROGRAM" MEANS CHILD CARE AUTHORIZED BY THIS ARTICLE AND PROVIDED TO CHILDREN ENROLLED IN KINDERGARTEN THROUGH GRADE TEN IN THE PUBLIC SCHOOLS OF THE STATE.
(4) "SCHOOL DISTRICT" MEANS ANY SCHOOL DISTRICT ORGANIZED UNDER THE LAWS OF COLORADO, EXCEPT A JUNIOR COLLEGE DISTRICT.
2228.5103. Schoolage child care program creation policies standards fees. (1) EACH LOCAL BOARD OF EDUCATION IS HEREBY AUTHORIZED TO ESTABLISH AND IMPLEMENT A SCHOOLAGE CHILD CARE PROGRAM TO BE OPERATED IN ANY PUBLIC SCHOOL FACILITY IN ITS SCHOOL DISTRICT PURSUANT TO THIS ARTICLE. A LOCAL BOARD IS ENCOURAGED TO CONSULT WITH PARENTS, SCHOOL AND COMMUNITY GROUPS, CHILD CARE AGENCIES, AND OTHER INTERESTED PARTIES TO ASSESS THE NEED FOR A SCHOOLAGE CHILD CARE PROGRAM IN THE SCHOOL DISTRICT AND TO OBTAIN INPUT TO AID THE LOCAL BOARD IN ESTABLISHING SUCH A PROGRAM.
(2) IN ESTABLISHING A SCHOOLAGE CHILD CARE PROGRAM, THE LOCAL BOARD SHALL ESTABLISH POLICIES CONCERNING THE OPERATION OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
(a) WHETHER TO OPERATE THE PROGRAM BY CONTRACTING WITH A CHILD CARE AGENCY OR THROUGH DIRECT ADMINISTRATION OF THE PROGRAM;
(b) ON WHAT DAYS AND DURING WHAT HOURS THE PROGRAM WILL BE AVAILABLE, INCLUDING, BUT NOT LIMITED TO, VACATION PERIODS, HOLIDAYS, TEACHER WORK DAYS, PUBLIC SCHOOL HALFDAYS, SNOW DAYS, AND BEFORE AND AFTER THE REGULAR SCHOOL DAY;
(c) THE TYPES OF SERVICES TO BE PROVIDED THROUGH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, TUTORIAL ASSISTANCE, ACADEMIC ENRICHMENT PROGRAMS, SUPERVISED RECREATION, SPORTS, FITNESS ACTIVITIES, ART, CRAFTS, MUSIC, DRAMA, AND ANY OTHER ACTIVITIES DESIGNED TO FACILITATE A CHILD'S PHYSICAL, INTELLECTUAL, OR SOCIAL DEVELOPMENT. THE LOCAL BOARD SHALL MAKE EVERY EFFORT TO INVOLVE PARENTS AND COMMUNITY VOLUNTEERS IN CHILD CARE ACTIVITIES. IN DETERMINING THE TYPE OF SERVICES PROVIDED, THE LOCAL BOARD SHALL REQUIRE THAT ALL ACTIVITIES ARE DEVELOPMENTALLY APPROPRIATE FOR THE CHILDREN PARTICIPATING IN THE PROGRAM.
(3) THE LOCAL BOARD SHALL ESTABLISH STANDARDS AND QUALIFICATIONS FOR THE OPERATION OF SCHOOLAGE CHILD CARE PROGRAMS IN THE SCHOOL DISTRICT, INCLUDING, BUT NOT LIMITED TO, STANDARDS REGARDING THE FOLLOWING:
(a) THE QUALIFICATIONS OF PERSONS INVOLVED IN THE SCHOOLAGE CHILD CARE PROGRAMS, INCLUDING REQUIREMENTS FOR FINGERPRINTING AND BACKGROUND CHECKS AND TRAINING REQUIREMENTS;
(b) THE STAFFCHILD RATIO;
(c) A DESIGNATION OF THE FACILITIES THAT WILL BE AVAILABLE TO PROGRAM PARTICIPANTS;
(d) A DETERMINATION OF THE COSTS CONNECTED WITH THE PROVISION OF PROGRAM SERVICES;
(e) THE PROVISIONS FOR FOOD PREPARATION AND SERVICE, IF ANY;
(f) THE WRITTEN OPERATING PROCEDURES FOR THE PROGRAM FOR DISTRIBUTION TO PARENTS; AND
(g) THE APPROPRIATE AMOUNT OF LIABILITY INSURANCE THAT THE SCHOOL DISTRICT OR THE CHILD CARE AGENCY PROVIDING THE PROGRAM SHALL OBTAIN TO COVER OPERATION OF THE PROGRAM.
(4) ALL SCHOOLAGE CHILD CARE PROGRAM SERVICES SHALL BE OPERATED IN COMPLIANCE WITH STATE AND LOCAL LAWS, ORDINANCES, AND REGULATIONS, INCLUDING ZONING, LICENSING REQUIREMENTS, AND APPLICABLE SCHOOL RULES.
(5) IF A LOCAL BOARD OF EDUCATION IS PROVIDING ITS OWN SCHOOLAGE CHILD CARE PROGRAM, THE LOCAL BOARD SHALL MAINTAIN LIABILITY INSURANCE IN THE AMOUNT DETERMINED PURSUANT TO PARAGRAPH (g) OF SUBSECTION (3) OF THIS SECTION AT ALL TIMES.
(6) THE LOCAL BOARD SHALL NOT BE REQUIRED TO FURNISH TRANSPORTATION TO AND FROM A SCHOOLAGE CHILD CARE PROGRAM; EXCEPT THAT THIS SUBSECTION (6) SHALL NOT BE CONSTRUED SO AS TO PROHIBIT A CHILD WHO IS PARTICIPATING IN THE PROGRAM FROM MAKING USE OF REGULARLY SCHEDULED SCHOOL BUS SERVICE PROVIDED BY THE SCHOOL DISTRICT.
(7) UPON REQUEST OF A LOCAL BOARD, THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HUMAN SERVICES MAY PROVIDE TECHNICAL ASSISTANCE TO THE LOCAL BOARD REGARDING THE ESTABLISHMENT AND IMPLEMENTATION OF A SCHOOLAGE CHILD CARE PROGRAM.
(8) ANY LOCAL BOARD THAT IMPLEMENTS A SCHOOLAGE CHILD CARE PROGRAM MAY ESTABLISH A FEE FOR THE COST OF PARTICIPATION IN THE PROGRAM. LOCAL BOARDS ARE ENCOURAGED TO ESTABLISH A FEE PURSUANT TO A SLIDING FEE SCHEDULE BASED ON STAFFING COSTS, A FAMILY'S ABILITY TO PAY, THE NUMBER OF CHILDREN IN A FAMILY WHO ARE PARTICIPATING IN THE PROGRAM, AND OTHER EXPENSES RELATED TO THE OPERATION OF THE PROGRAM. ALL FEES GENERATED BY THE OPERATION OF THE PROGRAM SHALL BE USED TO COVER THE MAINTENANCE AND OPERATION COSTS OF THE PROGRAM. IF A FEE IS ESTABLISHED, THE PARENT OR GUARDIAN OF A CHILD PARTICIPATING IN THE PROGRAM SHALL BE RESPONSIBLE FOR PAYMENT OF THE FEE.
(9) THE LOCAL BOARD SHALL NOT ASSESS RENT TO A CHILD CARE AGENCY WITH WHICH IT HAS CONTRACTED FOR THE USE OF THE PUBLIC SCHOOL BUILDING; EXCEPT THAT THE LOCAL BOARD MAY ASSESS AGAINST THE CHILD CARE AGENCY A FEE TO REIMBURSE THE SCHOOL DISTRICT FOR COSTS OF PROVIDING SECURITY, BUILDING MAINTENANCE, UTILITIES, OR OTHER EXPENSES THAT ARE DIRECTLY ATTRIBUTABLE TO THE SUPPLEMENTAL USE OF THE BUILDING.
(10) ANY SCHOOLAGE CHILD CARE PROGRAM ADMINISTERED BY A LOCAL BOARD OF EDUCATION SHALL BE LICENSED PURSUANT TO PART 1 OF ARTICLE 6 OF TITLE 26, C.R.S.
2228.5104. Schoolage child care provided by a child care agency. (1) WHEN A LOCAL BOARD OF EDUCATION HAS CONTRACTED WITH A CHILD CARE AGENCY TO OPERATE A SCHOOLAGE CHILD CARE PROGRAM, IT MAY AUTHORIZE THE USE OF ANY PUBLIC SCHOOL BUILDING OR A PART OF ANY PUBLIC SCHOOL BUILDING IN THE SCHOOL DISTRICT FOR THE PROGRAM. BEFORE A SCHOOLAGE CHILD CARE PROGRAM THAT IS OPERATED BY A CHILD CARE AGENCY IN A PUBLIC SCHOOL BUILDING MAY BE ESTABLISHED, A LOCAL BOARD SHALL DETERMINE THAT THE CHILD CARE AGENCY IS ABLE TO OPERATE THE PROGRAM PURSUANT TO THE REQUIREMENTS ESTABLISHED BY THE LOCAL BOARD PURSUANT TO SECTION 2228.5103 AND OPERATION OF THE PROGRAM WILL NOT INTERFERE WITH THE USE OF THE BUILDING FOR REGULAR SCHOOL PURPOSES. EVERY CONTRACT WITH A CHILD CARE AGENCY SHALL PROVIDE THAT THE LOCAL BOARD MAY WITHDRAW ITS APPROVAL OF THE AGENCY TO OPERATE A SCHOOLAGE CHILD CARE PROGRAM IN A SCHOOL BY GIVING THIRTY DAYS' WRITTEN NOTICE TO THE OPERATOR OF THE CHILD CARE AGENCY. THE SCHOOL DISTRICT, ITS AGENTS, AND ITS EMPLOYEES ARE IMMUNE FROM ANY LIABILITY CAUSED BY SUCH WITHDRAWAL OF APPROVAL IF THE WITHDRAWAL IS MADE IN GOOD FAITH.
(2) A CHILD CARE AGENCY SHALL BE LIABLE TO THE SCHOOL DISTRICT FOR ANY DAMAGE TO SCHOOL PROPERTY CAUSED BY THE AGENCY'S OPERATION OF A SCHOOLAGE CHILD CARE PROGRAM. A CHILD CARE AGENCY SHALL HOLD THE SCHOOL DISTRICT HARMLESS FROM ANY LIABILITY INCURRED BY ACTS OR OMISSIONS OF THE CHILD CARE AGENCY.
(3) A CHILD CARE AGENCY THAT CONTRACTS TO PROVIDE A SCHOOLAGE CHILD CARE PROGRAM SHALL SUBMIT PROOF OF LIABILITY INSURANCE IN THE AMOUNT SPECIFIED IN SECTION 2228.5103 (3) (g).
2228.5105. Local boards of education authorization to accept grants or donations. LOCAL BOARDS OF EDUCATION ARE HEREBY AUTHORIZED TO ACCEPT ANY GRANTS OR DONATIONS FROM ANY PUBLIC OR PRIVATE SOURCE FOR THE PURPOSES OF IMPLEMENTING THIS ARTICLE. THE LOCAL BOARDS ARE ENCOURAGED TO WORK WITH BOARDS OF COUNTY COMMISSIONERS TO REQUEST GRANTS TO SERVE SCHOOLAGE CHILDREN IN LOWINCOME FAMILIES WHOSE PARENTS ARE ENTERING WORK ACTIVITIES IN ORDER TO LEAVE THE WELFARE SYSTEM.
2228.5106. Report to general assembly. ON OR BEFORE JANUARY 1, 1999, AND JANUARY 1 EACH YEAR THEREAFTER AS LONG AS ANY SCHOOL DISTRICT IS OPERATING A SCHOOLAGE CHILD CARE PROGRAM, THE DEPARTMENT OF EDUCATION SHALL SUBMIT TO THE GENERAL ASSEMBLY A REPORT DETAILING THE RESULTS OF THE PROGRAM.
SECTION 2. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes 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.