First Regular Session

Sixty-first General Assembly

LLS NO. 97­0622.01 ABA SENATE BILL 97­165

STATE OF COLORADO

BY SENATOR Linkhart

EDUCATION

A BILL FOR AN ACT

CONCERNING THE ESTABLISHMENT OF A GRANT PROGRAM TO ASSIST SCHOOL DISTRICTS WITH CHILD CARE FACILITIES CAPITAL CONSTRUCTION PROJECTS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Establishes the child care facilities capital construction grant program to be administered by the department of education. Provides that grants, not to exceed a specified amount, shall be made to school districts to pay for capital construction costs related to converting available school space to child care facilities or to using school space for extended day services when not used for the regular school program. Creates a committee to evaluate grant applications based upon criteria established by the department of education. Requires the list of grant projects to be submitted to the capital development committee. Outlines the responsibilities of the capital development committee with respect to the list of grant projects.

Provides money for the grant program through an additional transfer of $5 million to the capital construction fund for the 1997­98 and 1998­99 fiscal years. Appropriates the transferred funds to the department of education for the 1997­98 fiscal year.

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:

ARTICLE 39

Child Care Facilities

22­39­101.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DETERMINES THAT:

(a)  THE NEED FOR QUALITY CHILD CARE AND EXTENDED DAY SERVICES IS AT AN ALL­TIME HIGH FOR WORKING FAMILIES OF ALL INCOMES IN COLORADO AND THE NEED MAY INCREASE DUE TO THE REFORM OF THE WELFARE SYSTEM;

(b)  BECAUSE OF THE INCREASED NEED FOR QUALITY CHILD CARE AND EXTENDED DAY SERVICES, THE NUMBER OF CHILD CARE FACILITIES MUST EXPAND TO MEET THIS NEED;

(c)  MANY WORKING FAMILIES PREFER TO USE CHILD CARE FACILITIES LOCATED WITHIN THEIR OWN NEIGHBORHOODS;

(d)  MANY COLORADO SCHOOL DISTRICTS HAVE SPACE AVAILABLE IN SCHOOL BUILDINGS THAT COULD BE USED AS CHILD CARE FACILITIES OR SPACE THAT COULD BE USED FOR EXTENDED DAY SERVICES WHEN NOT USED FOR THE REGULAR SCHOOL PROGRAM;

(e)  CHILD CARE FACILITIES IN SCHOOLS WOULD HAVE TO MEET THE REQUIREMENTS AND STANDARDS FOR CHILD CARE FACILITIES AND THE STANDARDS FOR PUBLIC SCHOOL BUILDINGS AND STRUCTURES; AND

(f)  COLORADO SCHOOL DISTRICTS HAVE DIFFERING FINANCIAL ABILITIES TO MAKE THE CAPITAL CONSTRUCTION EXPENDITURES NECESSARY TO MEET THESE FACILITY REQUIREMENTS AND STANDARDS.

(2)  IT IS THE INTENT OF THE GENERAL ASSEMBLY IN ENACTING THIS ARTICLE TO ESTABLISH A PROGRAM THAT WILL PROVIDE GRANTS TO SCHOOL DISTRICTS THAT DESIRE TO USE SCHOOL BUILDING SPACE FOR FACILITIES TO PROVIDE CHILD CARE AND EXTENDED DAY SERVICES AND THAT HAVE A NEED FOR FINANCIAL ASSISTANCE IN ORDER TO UNDERTAKE CHILD CARE FACILITIES CAPITAL CONSTRUCTION PROJECTS.

22­39­102.  Definitions.  AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "CAPITAL CONSTRUCTION" SHALL HAVE THE MEANING SET FORTH IN SECTION 24­75­301 (1), C.R.S.

(2)  "CHILD CARE FACILITY" MEANS A FACILITY THAT PROVIDES CHILD CARE FOR CHILDREN UNDER THE AGE OF SIX OR EXTENDED DAY SERVICES FOR CHILDREN IN PRESCHOOL THROUGH THIRD GRADE OR BOTH AND THAT MEETS THE REQUIREMENTS AND STANDARDS OF THE "CHILD CARE LICENSING ACT", ARTICLE 6 OF TITLE 26, C.R.S., AND THE STANDARDS FOR PUBLIC SCHOOL BUILDINGS AND STRUCTURES ADOPTED BY THE DIVISION OF LABOR IN THE DEPARTMENT OF LABOR AND EMPLOYMENT PURSUANT TO SECTION 22­32­124. FOR PURPOSES OF THIS SUBSECTION (2), "EXTENDED DAY SERVICES" MEANS CHILD CARE BEFORE AND AFTER SCHOOL AND ON DAYS WHEN SCHOOL IS NOT HELD.

(3)  "COMMITTEE" MEANS THE CHILD CARE FACILITIES CAPITAL CONSTRUCTION GRANT COMMITTEE ESTABLISHED IN SECTION 22­39­103.

(4)  "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION CREATED IN SECTION 24­1­115, C.R.S.

(5)  "GRANT PROGRAM" MEANS THE CHILD CARE FACILITIES CAPITAL CONSTRUCTION GRANT PROGRAM ESTABLISHED IN SECTION 22­39­103.

(6)  "SCHOOL DISTRICT" MEANS ANY PUBLIC SCHOOL DISTRICT ORGANIZED UNDER THE LAWS OF COLORADO, EXCEPT A JUNIOR COLLEGE DISTRICT.

22­39­103.  Child care facilities capital construction grant program ­ committee. (1)  THERE IS HEREBY ESTABLISHED A CHILD CARE FACILITIES CAPITAL CONSTRUCTION GRANT PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT TO PROVIDE SCHOOL DISTRICTS WITH MONEYS TO RENOVATE SCHOOL BUILDING FACILITIES AND PLAYGROUND SPACE FOR USE AS CHILD CARE FACILITIES. THE SCHOOL DISTRICT MAY OPERATE THE CHILD CARE FACILITY ITSELF OR LEASE THE SPACE PURSUANT TO A CONTRACT WITH A PRIVATE, FOR­PROFIT OR A PRIVATE, NOT­FOR­PROFIT CHILD CARE PROVIDER FOR THE PROVISION OF CHILD CARE OR EXTENDED DAY SERVICES OR BOTH. GRANTS MAY BE MADE BY THE DEPARTMENT FROM MONEYS TRANSFERRED TO THE CAPITAL CONSTRUCTION FUND PURSUANT TO SECTION 24­75­302 (2), C.R.S., SPECIFICALLY FOR THE GRANT PROGRAM AND APPROPRIATED TO THE DEPARTMENT. ANY SCHOOL DISTRICT MAY APPLY FOR A GRANT UNDER THIS PROGRAM ACCORDING TO THE APPLICATION PROCEDURES ESTABLISHED IN SECTION 22­39­104.

(2) (a)  THERE IS HEREBY CREATED IN THE DEPARTMENT THE CHILD CARE FACILITIES CAPITAL CONSTRUCTION GRANT COMMITTEE. THE COMMITTEE SHALL BE APPOINTED NO LATER THAN AUGUST 15, 1997, AND SHALL CONSIST OF THE FOLLOWING MEMBERS:

(I)  THE COMMISSIONER OF EDUCATION OR THE COMMISSIONER'S DESIGNEE;

(II)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES OR THE EXECUTIVE DIRECTOR'S DESIGNEE;

(III)  THREE MEMBERS APPOINTED BY THE GOVERNOR WITH THE CONSENT OF THE SENATE;

(IV)  ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE; AND

(V)  ONE MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE.

(b)  THE MEMBERS OF THE COMMITTEE SHALL SERVE TERMS OF TWO YEARS. A VACANCY SHALL BE FILLED BY THE PERSON MAKING THE ORIGINAL APPOINTMENT FOR THE REMAINDER OF THE TERM. THE COMMITTEE SHALL MEET AS OFTEN AS NECESSARY TO CARRY OUT ITS DUTIES UNDER THIS ARTICLE BUT NOT LESS THAN ONCE A YEAR. THE COMMITTEE IS AUTHORIZED TO MEET, WHEN NECESSARY, VIA TELECOMMUNICATIONS.

(c)  LEGISLATIVE MEMBERS AND OTHER MEMBERS NOT OTHERWISE COMPENSATED BY THE STATE SHALL RECEIVE FIFTY DOLLARS PER DIEM FOR ATTENDANCE AT OFFICIAL MEETINGS PLUS REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE CONDUCT OF OFFICIAL BUSINESS. PER DIEM AND EXPENSES SHALL BE PAID FROM MONEYS APPROPRIATED TO THE DEPARTMENT FOR THE GRANT PROGRAM.

(d)  STAFF MEMBERS FROM THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HUMAN SERVICES SHALL ASSIST THE COMMITTEE IN DETERMINING WHICH CHILD CARE FACILITIES CAPITAL CONSTRUCTION PROJECTS SHALL BE FUNDED THROUGH GRANTS UNDER THE GRANT PROGRAM.

22­39­104.  Grant application requirements ­ evaluation criteria ­ eligible projects ­ criteria. (1)  APPLICATIONS FOR GRANTS SHALL BE SUBMITTED TO THE DEPARTMENT IN ACCORDANCE WITH TIME LINES ESTABLISHED BY THE DEPARTMENT FOR THE SUBMISSION AND REVIEW OF APPLICATIONS FOR GRANTS. ALL APPLICATIONS SUBMITTED TO THE DEPARTMENT SHALL BE IN A FORM PRESCRIBED BY THE DEPARTMENT AND SHALL INCLUDE:

(a)  A DESCRIPTION OF THE TYPE OF CARE TO BE PROVIDED (CHILD CARE OR EXTENDED DAY SERVICES OR BOTH) AND THE AGE GROUPS TO BE SERVED;

(b)  A DESCRIPTION OF THE SPACE TO BE USED FOR THE CHILD CARE FACILITY AND WHETHER THE FACILITY WILL USE CONVERTED SPACE OR WILL SHARE SPACE THAT IS USED AT OTHER TIMES OF THE DAY FOR THE REGULAR SCHOOL PROGRAM;

(c)  A DESCRIPTION OF THE SCOPE AND NATURE OF THE CHILD CARE FACILITIES CAPITAL CONSTRUCTION PROJECT INCLUDING APPROVED RENOVATION PLANS;

(d)  A THOROUGH ASSESSMENT OF THE NEED FOR ADDITIONAL CHILD CARE FACILITIES IN THE AREA OR COMMUNITY SERVED BY THE SCHOOL DISTRICT;

(e)  THE TOTAL COST OF THE PROJECT;

(f)  THE GRANT AMOUNT REQUESTED WHICH SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS; AND

(g)  ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY FOR THE COMMITTEE TO EVALUATE THE APPLICATIONS AND AWARD GRANTS.

(2)  APPLICATIONS FOR CHILD CARE FACILITIES CAPITAL CONSTRUCTION PROJECTS DEEMED ELIGIBLE BY THE DEPARTMENT FOR GRANTS SHALL BE EVALUATED BY THE COMMITTEE BASED ON CRITERIA DEVELOPED BY THE DEPARTMENT FOR AWARDING GRANTS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

(a)  WHETHER THERE IS A NEED FOR ADDITIONAL CHILD CARE FACILITIES IN THE AREA OR COMMUNITY SERVED BY THE SCHOOL DISTRICT BASED UPON A THOROUGH NEEDS ASSESSMENT;

(b)  WHETHER THERE IS DOCUMENTED SUPPORT OF PARENTS AND EVIDENCE OF COOPERATION AND SUPPORT OF LICENSED CHILD CARE FACILITIES IN THE AREA OR COMMUNITY SERVED BY THE SCHOOL DISTRICT FOR THE USE OF SCHOOL BUILDING SPACE FOR CHILD CARE FACILITIES;

(c)  WHETHER THE USE OF SPACE FOR A CHILD CARE FACILITY WILL REDUCE THE SPACE AVAILABLE FOR THE REGULAR SCHOOL PROGRAM OR OTHERWISE INTERFERE WITH THE REGULAR SCHOOL PROGRAM;

(d)  WHETHER THE CHILD CARE FACILITY CAPITAL CONSTRUCTION PROJECT MEETS THE REQUIREMENTS AND STANDARDS OF THE "CHILD CARE LICENSING ACT", ARTICLE 6 OF TITLE 26, C.R.S., AND THE STANDARDS FOR PUBLIC SCHOOL BUILDINGS AND STRUCTURES ADOPTED BY THE DIVISION OF LABOR IN THE DEPARTMENT OF LABOR AND EMPLOYMENT PURSUANT TO SECTION 22­32­124;

(e)  WHETHER THE SCHOOL DISTRICT HAS A FIVE­YEAR PLAN SHOWING PROJECTED REVENUES AND EXPENDITURES FOR THE CHILD CARE FACILITY INCLUDING REVENUES TO BE DERIVED FROM PARENT FEES, SUBSIDIZED CHILD CARE PAYMENTS FROM COUNTY DEPARTMENTS OF SOCIAL SERVICES, AND IN­KIND OR OTHER TYPES OF DONATIONS AND GRANTS; AND

(f)  WHETHER THE SCHOOL DISTRICT HAS A DETAILED PLAN FOR ADDRESSING THE DEVELOPMENTAL NEEDS OF CHILDREN SERVED IN THE CHILD CARE FACILITY AND FOR CREATING A STRONG PARTNERSHIP AND COMMUNICATIONS LINK WITH THE PARENTS OF SUCH CHILDREN.

(3)  THE COMMITTEE SHALL ANNUALLY PREPARE A PRIORITIZED LIST OF THE CHILD CARE FACILITIES CAPITAL CONSTRUCTION PROJECTS IT SELECTS TO RECEIVE GRANTS THROUGH THE GRANT PROGRAM. THE DEPARTMENT SHALL SUBMIT THE COMMITTEE'S PRIORITIZED LIST OF PROJECTS TO THE CAPITAL DEVELOPMENT COMMITTEE. THE CAPITAL DEVELOPMENT COMMITTEE SHALL DETERMINE THE NUMBER OF PROJECTS ON THE LIST THAT MAY BE FUNDED FROM MONEYS TRANSFERRED TO THE CAPITAL CONSTRUCTION FUND FOR THE GRANT PROGRAM. ONLY CHILD CARE FACILITIES CAPITAL CONSTRUCTION PROJECTS ON THE PRIORITIZED LIST MAY RECEIVE GRANTS, AND THE CAPITAL CONSTRUCTION PROJECTS SHALL BE FUNDED IN THE PRIORITY DETERMINED BY THE COMMITTEE. UPON APPROVAL BY THE CAPITAL DEVELOPMENT COMMITTEE, THE DEPARTMENT SHALL DISTRIBUTE THE GRANTS TO SCHOOL DISTRICTS.

(4)  THE STATE BOARD OF EDUCATION IS AUTHORIZED TO PROMULGATE RULES DEVELOPED BY THE DEPARTMENT FOR THE ADMINISTRATION OF THIS ARTICLE. SUCH RULES SHALL BE PROMULGATED IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S.

22­39­105.  Repeal of article.  THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 1999.

SECTION 2.  24­75­302 (2) (j) and (2) (k), Colorado Revised Statutes, 1988 Repl. Vol., as amended, are amended to read:

24­75­302.  Capital construction fund ­ capital assessment fees ­ calculation. (2)  As of July 1, 1988, and July 1 of each year thereafter through July 1, 1998, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(j)  On July 1, 1997, fifty million dollars PLUS FIVE MILLION DOLLARS TO BE AVAILABLE FOR APPROPRIATION ONLY TO THE DEPARTMENT OF EDUCATION FOR THE CHILD CARE FACILITIES CAPITAL CONSTRUCTION GRANT PROGRAM ESTABLISHED IN ARTICLE 39 OF TITLE 22, C.R.S.; and

(k)  On July 1, 1998, fifty million dollars PLUS FIVE MILLION DOLLARS TO BE AVAILABLE FOR APPROPRIATION ONLY TO THE DEPARTMENT OF EDUCATION FOR THE CHILD CARE FACILITIES CAPITAL CONSTRUCTION GRANT PROGRAM ESTABLISHED IN ARTICLE 39 OF TITLE 22, C.R.S.

SECTION 3.  2­3­1304 (1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

2­3­1304.  Powers and duties of capital development committee. (1)  The capital development committee shall have the following powers and duties:

(a.7)  TO STUDY THE PRIORITIZED LIST OF CHILD CARE FACILITIES CAPITAL CONSTRUCTION PROJECTS SUBMITTED BY THE DEPARTMENT OF EDUCATION TO BE FUNDED FROM MONEYS TRANSFERRED TO THE CAPITAL CONSTRUCTION FUND PURSUANT TO SECTION 24­75­302 (2), C.R.S., SPECIFICALLY FOR SUCH PURPOSE. THE CAPITAL DEVELOPMENT COMMITTEE SHALL DETERMINE THE NUMBER OF PROJECTS ON THE LIST THAT MAY BE FUNDED FROM MONEYS AVAILABLE IN THE CAPITAL CONSTRUCTION FUND FOR CHILD CARE FACILITIES CAPITAL CONSTRUCTION PROJECTS. ONLY PROJECTS ON THE LIST MAY BE FUNDED FROM MONEYS AVAILABLE IN THE CAPITAL CONSTRUCTION FUND, AND THE PROJECTS MUST BE FUNDED IN THE PRIORITY DETERMINED BY THE CHILD CARE FACILITIES CAPITAL CONSTRUCTION GRANT COMMITTEE.

SECTION 4.  Appropriation.  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the capital construction fund not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 1997, the sum of five million dollars ($5,000,000), or so much thereof as may be necessary, for the child care facilities capital construction grant program established in article 39 of title 22, Colorado Revised Statutes.

SECTION 5.  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.