First Regular Session
Sixty-first General Assembly
LLS NO. 970573.01D JGG
SENATE BILL 97202
STATE OF COLORADO
BY SENATOR Feeley;
also REPRESENTATIVE Grampsas. REENGROSSED
HEALTH, ENVIRONMENT,
WELFARE & INSTITUTIONS
APPROPRIATIONS
A BILL FOR AN ACT
CONCERNING EARLY CHILDHOOD CARE, AND MAKING AN APPROPRIATION
THEREFOR.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Establishes a 13member advisory commission on early childhood care and education in the department of human services to serve as a centralized policy and coordinating body for early childhood care and education in the state of Colorado. Specifies that the governor shall appoint 5 members to the commission, the president of the senate and the speaker of the house of representatives shall jointly appoint 3 members, and the minority leaders of the senate and the house of representatives shall jointly appoint 2 members. Provides that the executive directors of the departments of human services, education, and public health and environment shall also serve as members. Specifies that the members shall represent the departments of human services, education, and public health and environment, business, parents of children enrolled in an early childhood program, faith communities, the media, philanthropic organizations, and the senior citizen community.
Specifies that members are to serve staggered 4year terms. Provides for political and geographical diversity among the commission members. Specifies the frequency of the commission's meetings. Allows for the payment of a per diem amount for commission members who reside more than thirty miles outside the Denver city limits. Provides for the reimbursement of the members' necessary expenses.
Identifies the purpose and duties of the commission, including:
* Supporting communities in the creation of effective local early childhood care and education systems;
* Maximizing opportunities for early childhood care and education for Colorado children to meet the needs of their working parents; and
* Assisting in the establishment of a resultsbased accountability system through recommendations.
Repeals the commission, effective July 1, 2007.
Makes an appropriation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 6.5
266.5101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO EARLY CHILDHOOD CARE AND EDUCATION ADVISORY COMMISSION ACT".
266.5102. Legislative declaration. (1) (a) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE EARLY CHILDHOOD YEARS REPRESENT A UNIQUE AND CRITICALLY FORMATIVE PERIOD OF LIFE. FAMILIES AND COMMUNITIES MUST PROVIDE THE CONDITIONS THAT ALLOW CHILDREN TO PROGRESS TOWARD COMPETENT ADULTHOOD. THE HOPES AND ASPIRATIONS OF THE PEOPLE OF THE STATE OF COLORADO FOR THE FUTURE, AS WELL AS THE TYPE OF PLACE COLORADO IS TODAY AND TOMORROW, DEPEND UPON HOW THE STATE OF COLORADO PROVIDES FOR ITS CHILDREN.
(b) THE GENERAL ASSEMBLY ALSO FINDS THAT, AS A RESULT OF THE NEW FEDERAL WELFARE POLICIES, AN INCREASING NUMBER OF FAMILIES WILL BE LEAVING WELFARE AND, THEREFORE, WILL BE UNABLE TO CARE FOR THEIR CHILDREN WHILE THEY WORK. AS A RESULT, IT IS ESTIMATED THAT A MINIMUM OF FORTY THOUSAND CHILDREN THAT ARE NOT NOW IN CHILD CARE WILL BE IN LICENSED CHILD CARE BY THE YEAR 1999.
(c) THE GENERAL ASSEMBLY ALSO FINDS THAT THE CITIZENS OF COLORADO HAVE LEGITIMATE CONCERNS ABOUT THE QUALITY OF CHILD CARE IN THE STATE, THAT CHILD CARE IS OFTEN PROHIBITIVELY EXPENSIVE FOR PARENTS, AND THAT IT IS, IN MANY AREAS OF THE STATE, DIFFICULT TO ACCESS.
(d) FURTHERMORE, THE GENERAL ASSEMBLY FINDS THAT THE CURRENT SYSTEM OF EARLY CHILDHOOD CARE AND EDUCATION DOES NOT HAVE A POLICYMAKING BODY THAT GOVERNS THE DELIVERY OF SERVICES, IS HIGHLY FRAGMENTED, IS DIFFICULT FOR COMMUNITIES AND COMMUNITY PROVIDERS TO ADMINISTER, IS CONTROLLED TO A GREAT EXTENT BY THE FEDERAL GOVERNMENT, AND IS OVERBURDENED IN TERMS OF DEMAND FOR SERVICES.
(2) THE GENERAL ASSEMBLY THEREFORE DETERMINES AND DECLARES THAT THE ISSUES DESCRIBED IN SUBSECTION (1) OF THIS SECTION COULD BE ADDRESSED IF A SINGLE, EXPERIENCED BODY WERE ESTABLISHED TO RESOLVE KEY ISSUES THAT PROHIBIT THE STATE AND LOCAL COMMUNITIES FROM DEVELOPING MORE COORDINATED, ECONOMICALLY SOUND, AND HIGHER QUALITY SERVICE DELIVERY SYSTEMS.
266.5103. Definitions. FOR PURPOSES OF THIS ARTICLE:
(1) "CHILD CARE CENTER" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION 266102 (1.5).
(2) "COMMISSION" MEANS THE ADVISORY COMMISSION ON EARLY CHILDHOOD CARE AND EDUCATION.
(3) "EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS" MEANS ALL PROGRAMS THAT PROVIDE CARE FOR CHILDREN WHILE THEIR PARENTS ARE AT WORK OR THAT PROVIDE ENHANCED EARLY EDUCATIONAL PROGRAMS FOR CHILDREN. EARLY CHILDHOOD CARE AND EDUCATION INCLUDES PROGRAMS IN CHILD CARE CENTERS OR FAMILY CHILD CARE HOMES, PRESCHOOL PROGRAMS, BEFORE AND AFTERSCHOOL PROGRAMS, AND HEAD START PROGRAMS.
(4) "FAMILY CHILD CARE HOME" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION 266102 (4).
(5) "LOCAL BOARDS" MEANS COMMISSIONS, TASK FORCES, COMMITTEES, OR COUNCILS THAT HAVE BEEN FORMED AT THE LOCAL LEVEL TO ADDRESS THE NEEDS OF YOUNG CHILDREN AND FAMILIES LIVING IN A COMMUNITY.
266.5104. Advisory commission on early childhood care and education establishment. (1) THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT OF HUMAN SERVICES A CENTRAL POLICY AND COORDINATING BODY FOR EARLY CHILDHOOD CARE AND EDUCATION IN THE STATE OF COLORADO, TO BE KNOWN AS THE ADVISORY COMMISSION ON EARLY CHILDHOOD CARE AND EDUCATION.
(2) (a) THE COMMISSION SHALL CONSIST OF THIRTEEN MEMBERS, INCLUDING THE EXECUTIVE DIRECTORS OF THE STATE DEPARTMENT AND THE DEPARTMENTS OF EDUCATION AND PUBLIC HEALTH AND ENVIRONMENT OR THEIR DESIGNEES. THE REMAINING MEMBERS SHALL BE APPOINTED AS FOLLOWS:
(I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
(II) TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE AND TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; AND
(III) TWO MEMBERS SHALL BE APPOINTED JOINTLY BY THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
(b) THE MEMBERS OF THE COMMISSION SHALL BE SELECTED ON THE BASIS OF THEIR KNOWLEDGE OF AND INTEREST IN EARLY CHILDHOOD CARE AND EDUCATION. MEMBERS OF THE COMMISSION SHALL INCLUDE REPRESENTATION FROM:
(I) THE BUSINESS COMMUNITY;
(II) PARENTS OF CHILDREN ENROLLED IN EARLY CHILDHOOD PROGRAMS;
(III) FAITH COMMUNITIES;
(IV) THE MEDIA;
(V) PHILANTHROPIC ORGANIZATIONS;
(VI) THE SENIOR CITIZEN COMMUNITY; AND
(VII) CHILD CARE PROVIDERS.
(c) THE MEMBERS SHALL SERVE FOURYEAR TERMS; EXCEPT THAT, OF THE MEMBERS FIRST APPOINTED TO THE COMMISSION, SEVEN MEMBERS SHALL SERVE FOR TERMS OF TWO YEARS, AND SIX MEMBERS SHALL SERVE FOR TERMS OF FOUR YEARS. NO MEMBER OF THE COMMISSION MAY SERVE MORE THAN TWO CONSECUTIVE FULL FOURYEAR TERMS.
(3) NO NOMINEE TO THE COMMISSION SHALL ACCEPT AN APPOINTMENT TO THE COMMISSION IF HE OR SHE HAS A CONFLICT OF INTEREST WITH THE INTERESTS OF THE COMMISSION.
(4) AT NO TIME SHALL THE COMMISSION HAVE MORE THAN SEVEN MEMBERS FROM ANY ONE MAJOR POLITICAL PARTY. AN APPOINTMENT OF AN UNAFFILIATED MEMBER SHALL BE COUNTED AS AN APPOINTMENT OF THE APPOINTING PERSON'S POLITICAL PARTY. IN APPOINTING MEMBERS TO THE COMMISSION, THE GOVERNOR, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES SHALL CONSIDER GEOGRAPHIC REPRESENTATION. OF THE THIRTEEN MEMBERS OF THE COMMISSION, AT LEAST ONE MEMBER SHALL BE FROM EACH CONGRESSIONAL DISTRICT, AND AT LEAST ONE MEMBER SHALL RESIDE WEST OF THE CONTINENTAL DIVIDE.
(5) THE COMMISSION SHALL MEET NOT LESS THAN ONCE EACH MONTH AND AS OFTEN AS NECESSARY TO CARRY OUT ITS DUTIES AS DESCRIBED IN THIS ARTICLE.
(6) THE TERM OF ANY MEMBER OF THE COMMISSION WHO MISSES MORE THAN TWO CONSECUTIVE REGULAR COMMISSION MEETINGS WITHOUT GOOD CAUSE SHALL BE TERMINATED AND A SUCCESSOR SHALL BE APPOINTED FOR THE REMAINDER OF THE TERM IN THE MANNER PROVIDED FOR APPOINTMENT UNDER THIS SECTION.
(7) MEMBERS OF THE COMMISSION WHO DO NOT RESIDE WITHIN THIRTY MILES OF THE LIMITS OF THE CITY AND COUNTY OF DENVER SHALL RECEIVE A SEVENTYFIVE DOLLAR PER DIEM FOR ATTENDANCE AT OFFICIAL MEETINGS. ALL MEMBERS SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE CONDUCT OF THEIR OFFICIAL BUSINESS ASSOCIATED WITH THE COMMISSION.
266.5105. Advisory commission on early childhood care and education purpose and duties. (1) IT SHALL BE THE PURPOSE OF THE COMMISSION TO PROVIDE STATEWIDE LEADERSHIP IN THE DEVELOPMENT AND IMPLEMENTATION OF POLICIES TO ENHANCE AND IMPROVE THE SYSTEM OF EARLY CHILDHOOD CARE AND EDUCATION AND TO IDENTIFY AND REMOVE SYSTEMIC BARRIERS THAT STAND IN THE WAY OF COMMUNITY ACTION TO CREATE LOCAL SYSTEMS OF EARLY CHILDHOOD CARE AND EDUCATION, WHEN THIS IS IN THE BEST INTERESTS OF CHILDREN. THE DUTIES OF THE COMMISSION SHALL INCLUDE:
(a) SUPPORTING COMMUNITIES IN THE CREATION OF EFFECTIVE LOCAL EARLY CHILDHOOD CARE AND EDUCATION SYSTEMS BY:
(I) WORKING COOPERATIVELY WITH EXISTING LOCAL BOARDS TO IDENTIFY BARRIERS AT THE STATE AND LOCAL LEVEL;
(II) RECOMMENDING TO THE STATE BOARD OF HUMAN SERVICES CHANGES IN ANY RULES AT THE STATE LEVEL THAT ARE RESTRICTIVE AND THAT PROHIBIT SUCCESSFUL IMPLEMENTATION OF EARLY CHILDHOOD CARE AND EDUCATION SERVICES AT THE LOCAL LEVEL;
(III) MAKING RECOMMENDATIONS TO THE STATE DEPARTMENT AND THE DEPARTMENTS OF EDUCATION AND PUBLIC HEALTH AND ENVIRONMENT CONCERNING THE PURSUIT OF WAIVERS OR EXEMPTIONS FROM THE FEDERAL GOVERNMENT TO MAKE EXISTING FUNDS MORE FLEXIBLE OR TO SEEK PILOT STATUS;
(IV) MAKING RECOMMENDATIONS TO THE STATE DEPARTMENT AND THE DEPARTMENTS OF EDUCATION AND PUBLIC HEALTH AND ENVIRONMENT CONCERNING THE CREATION OF A MECHANISM WHEREBY COMMUNITIES CAN ACCESS TECHNICAL ASSISTANCE RELATED TO DELIVERY OF SERVICES AND SYSTEM DEVELOPMENT;
(V) MAKING RECOMMENDATIONS TO THE STATE DEPARTMENT AND THE DEPARTMENTS OF EDUCATION AND PUBLIC HEALTH AND ENVIRONMENT CONCERNING THE CONSOLIDATION OF TRAINING AND MONITORING SYSTEMS; AND
(VI) MAKING RECOMMENDATIONS TO THE STATE DEPARTMENT AND THE DEPARTMENTS OF EDUCATION AND PUBLIC HEALTH AND ENVIRONMENT CONCERNING THE STANDARDIZATION OF QUALITY AND STAFF STANDARDS ACROSS PROGRAMS;
(b) MAXIMIZING OPPORTUNITIES FOR EARLY CHILDHOOD CARE AND EDUCATION FOR CHILDREN IN COLORADO IN ORDER TO MEET THE NEEDS OF WORKING PARENTS BY:
(I) MAKING RECOMMENDATIONS TO THE STATE DEPARTMENT AND THE GENERAL ASSEMBLY CONCERNING THE BEST UTILIZATION OF AVAILABLE RESOURCES;
(II) MAKING RECOMMENDATIONS TO THE STATE DEPARTMENT AND THE DEPARTMENTS OF EDUCATION AND PUBLIC HEALTH AND ENVIRONMENT CONCERNING THE ELIMINATION OF NEEDLESS DUPLICATION OF FACILITIES AND PROGRAMS; AND
(III) CONDUCTING FOUR PUBLIC HEARINGS EACH YEAR TO SEEK CITIZEN INPUT ON HOW TO IMPROVE THE EARLY CHILDHOOD CARE AND EDUCATION SYSTEM;
(c) ASSISTING THE STATE DEPARTMENT AND THE DEPARTMENTS OF EDUCATION AND PUBLIC HEALTH AND ENVIRONMENT IN THE ESTABLISHMENT OF A RESULTSBASED ACCOUNTABILITY SYSTEM TO ASSESS PROGRESS MADE WITHIN THE STATE EARLY CHILDHOOD CARE AND EDUCATION SYSTEM AND IN LOCAL COMMUNITIES BY MAKING RECOMMENDATIONS CONCERNING:
(I) THE IMPLEMENTATION OF AN ANNUAL STATEWIDE ASSESSMENT OF NEEDS, CURRENT RESOURCES, AND GAPS IN SERVICE;
(II) THE ESTABLISHMENT OF MEASURABLE OUTCOMES THAT CAN BE USED TO DETERMINE THE EFFECTIVENESS OF EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS; AND
(III) THE ESTABLISHMENT OF MEASURABLE OUTCOMES THAT CAN BE USED TO DETERMINE IMPROVEMENTS IN THE STATEWIDE DELIVERY OF SERVICES.
26-6.5-106. Early childhood care and education fund - creation. (1) THE STATE DEPARTMENT IS AUTHORIZED TO RECEIVE CONTRIBUTIONS, GIFTS, AND GRANTS FROM ANY PUBLIC OR PRIVATE SOURCE FOR THE DIRECT OR INDIRECT COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS ARTICLE; AND TO EXPEND MONEYS FROM THE FUND CREATED IN SUBSECTION 2 OF THIS SECTION FOR ANY PURPOSE CONSISTENT WITH THE TERMS AND CONDITIONS UNDER WHICH GIVEN; EXCEPT THAT NO GRANT SHALL BE ACCEPTED IF THE CONDITIONS ATTACHED TO THE CONTRIBUTION, GIFT, OR GRANT REQUIRE THE EXPENDITURE THEREOF IN A MANNER CONTRARY TO LAW.
(2) ALL CONTRIBUTIONS, GIFTS, AND GRANTS RECEIVED PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE EARLY CHILDHOOD CARE AND EDUCATION FUND, WHICH FUND IS HEREBY CREATED. THE MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS ARTICLE. ANY INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. AT THE END OF THE FISCAL YEAR, ALL UNEXPENDED AND UNENCUMBERED MONEYS IN THE FUND SHALL REMAIN THEREIN AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND.
(3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT NO GENERAL FUND DOLLARS BE APPROPRIATED FOR THE PURPOSE OF IMPLEMENTING THIS ARTICLE.
266.5107. Repeal. THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2007.
SECTION 2. 231203 (3), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
231203. Sunset review of advisory committees. (3) The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal:
(n) JULY 1, 2007:
(I) THE ADVISORY COMMISSION ON EARLY CHILDHOOD CARE AND EDUCATION ESTABLISHED IN SECTION 266.5104, C.R.S.
SECTION 3. 222106 (1), Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
222106. State board duties. (1) It is the duty of the state board:
(f.7) TO WORK COOPERATIVELY WITH THE ADVISORY COMMISSION ON EARLY CHILDHOOD CARE AND EDUCATION AS SPECIFIED IN ARTICLE 6.5 OF TITLE 26, C.R.S.
SECTION 4. 251107 (1), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
251107. Powers and duties of the department repeal. (1) The department has, in addition to all other powers and duties imposed upon it by law, the following powers and duties:
(hh) TO WORK COOPERATIVELY WITH THE ADVISORY COMMISSION ON EARLY CHILDHOOD CARE AND EDUCATION AS SPECIFIED IN ARTICLE 6.5 OF TITLE 26, C.R.S.
SECTION 5. 261111 (2), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
261111. Activities of the state department under the supervision of the executive director. (2) The state department, under the supervision of the executive director, shall:
(t) WORK COOPERATIVELY WITH THE ADVISORY COMMISSION ON EARLY CHILDHOOD CARE AND EDUCATION AS SPECIFIED IN ARTICLE 6.5 OF THIS TITLE.
SECTION 6. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the early childhood care and education fund not otherwise appropriated, to the department of human services, for allocation to the executive director's office, for the fiscal year beginning July 1, 1997, the sum of sixty-three thousand seventy-six dollars ($63,076), or so much thereof as may be necessary, for the implementation of this act. SECTION 7. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.