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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0045.01 JAP HOUSE BILL 98­1044

STATE OF COLORADO

BY REPRESENTATIVES S. Williams and Dyer;

also SENATOR B. Alexander.

HEWI

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING ESTABLISHMENT OF A VOLUNTARY CREDENTIALING SYSTEM FOR CHILD CARE PROFESSIONALS, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

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

Establishes the child care credentialing system in the department of human services. Explains that the child care credentialing system would be a multi­tiered system of credentials for persons working in early childhood care and education programs. Specifies that application for credentials would be voluntary and that the child care credentialing system would not affect the existing child care licensing program.

Establishes the child care credentialing advisory committee to consist of no more than 15 members appointed by the executive director of the department of human services. Describes the various interests, organizations, and boards to be represented on the committee. Requires the committee to meet at least twice per year. Provides for sunset review of the committee in 2008.

Describes the duties of the advisory committee, including making recommendations to the department for implementation of the child care credentialing system, recommending the amount of credential fees to be charged, recommending training standards, and recommending qualifications for persons who provide training. Requires the advisory committee to report its implementation recommendations to the state board of human services by January 1, 1999.

Instructs the state board of human services to adopt rules to implement the child care credentialing system. Establishes a cash fund for the costs incurred by the department in implementing the child care credentialing system.

Makes an appropriation.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 6 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 3

CREDENTIALING SYSTEM FOR

CHILD CARE PROFESSIONALS

26­6­301.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT:

(a)  THE MAJORITY OF PARENTS OF YOUNG CHILDREN WORK OUTSIDE THE HOME AND PLACE THEIR CHILDREN IN SOME FORM OF EARLY CHILDHOOD CARE;

(b)  THE CONTINUED WELL­BEING OF THE STATE REQUIRES THAT EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS ARE SAFE, NURTURING, AND CHALLENGING SO THAT CHILDREN CAN DEVELOP TO THEIR FULLEST CAPACITY AND PARENTS CAN WORK WITH PEACE OF MIND TO SUPPORT THEIR FAMILIES;

(c)  CAREER DEVELOPMENT FOR PROFESSIONALS IN EARLY CHILDHOOD CARE AND EDUCATION IS A POWERFUL TOOL FOR ENSURING THE HIGH QUALITY OF EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS BY VALIDATING INCREASED SKILLS AND COMPETENCIES AND ENSURING THAT EACH PERSON WORKING WITH YOUNG CHILDREN HAS THE SAME BASIC KNOWLEDGE AND COMPETENCIES REGARDLESS OF WHERE THAT PERSON WORKS;

(d)  A CREDENTIALING SYSTEM FOR PROFESSIONALS IN EARLY CHILDHOOD CARE AND EDUCATION WILL PROVIDE A CONSISTENT STANDARD THAT PARENTS CAN APPLY TO DETERMINE THE QUALITY OF CARE PROVIDED BY DIFFERENT CHILD CARE PROVIDERS AND TO ENSURE THEY ARE PURCHASING THE HIGHEST QUALITY CARE FOR THEIR CHILDREN.

26­6­302.  Child care credentialing system ­ created. THE STATE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT A CHILD CARE CREDENTIALING SYSTEM FOR PERSONS WORKING IN EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS. APPLICATION FOR CREDENTIALS SHALL BE VOLUNTARY, AND THE CHILD CARE CREDENTIALING SYSTEM SHALL NOT AFFECT THE PROVISIONS OF THE "CHILD CARE LICENSING ACT" ESTABLISHED IN PART 1 OF THIS ARTICLE. THE CHILD CARE CREDENTIALING SYSTEM SHALL BE A MULTI­TIERED SYSTEM OF GRADUATED CREDENTIALS THAT REFLECTS THE INCREASED KNOWLEDGE, SKILLS, AND COMPETENCIES OF PERSONS WORKING IN EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS. THE CHILD CARE CREDENTIALING SYSTEM SHALL PROVIDE A FRAMEWORK FOR STANDARDIZATION OF PROFESSIONAL REQUIREMENTS AND TRAINING AND COORDINATION AMONG CHILD CARE TRAINING PROGRAMS THAT RESULT IN COLLEGE CREDIT AND THOSE THAT DO NOT.

26­6­303.  Child care credentialing advisory committee ­ creation ­ membership ­ repeal. (1)  THERE IS HEREBY CREATED THE CHILD CARE CREDENTIALING ADVISORY COMMITTEE, REFERRED TO IN THIS PART 3 AS THE "ADVISORY COMMITTEE", TO ADVISE AND CONSULT WITH THE STATE DEPARTMENT AND THE STATE BOARD IN THE ESTABLISHMENT AND IMPLEMENTATION OF THE CHILD CARE CREDENTIALING SYSTEM. THE ADVISORY COMMITTEE SHALL CONSIST OF NO MORE THAN FIFTEEN MEMBERS TO BE APPOINTED BY THE EXECUTIVE DIRECTOR FOR TERMS OF THREE YEARS; EXCEPT THAT, OF THE MEMBERS FIRST APPOINTED, ONE­THIRD SHALL BE APPOINTED FOR ONE YEAR, ONE­THIRD FOR TWO YEARS, AND ONE­THIRD FOR THREE YEARS. VACANCIES SHALL BE FILLED BY APPOINTMENT FOR THE REMAINDER OF THE UNEXPIRED TERM. THE EXECUTIVE DIRECTOR SHALL MAKE INITIAL APPOINTMENTS TO THE ADVISORY COMMITTEE NOT LATER THAN JULY 1, 1998.

(2) (a)  THE ADVISORY COMMITTEE SHALL INCLUDE MEMBERS WHO REPRESENT THE FOLLOWING INTERESTS, ORGANIZATIONS, AND BOARDS:

(I)  TEACHERS AND TEACHERS' AIDES WHO WORK WITH YOUNG CHILDREN IN PUBLIC OR PRIVATE EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS;

(II)  THE PUBLICLY FUNDED CHILD CARE RESOURCE AND REFERRAL SYSTEM;

(III)  EARLY CHILDHOOD PROFESSIONAL ORGANIZATIONS;

(IV)  PROPRIETARY AND NONPROFIT CHILD CARE PROVIDERS, INCLUDING BUT NOT LIMITED TO PROPRIETARY CHILD CARE ASSOCIATIONS AND FAMILY CHILD CARE HOME ASSOCIATIONS;

(V)  PARENTS OF CHILDREN WHO ARE CURRENTLY ENROLLED IN A PUBLIC OR PRIVATE EARLY CHILDHOOD CARE AND EDUCATION PROGRAM;

(VI)  VARIOUS STATE AND LOCAL GOVERNMENTAL AGENCIES WITH AN INTEREST IN AND CONCERN FOR CHILDREN;

(VII)  THE COLORADO COMMISSION ON HIGHER EDUCATION;

(VIII)  THE COLORADO STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION;

(IX)  VOCATIONAL AND TECHNICAL EDUCATION PROGRAMS;

(X)  PARENT ­ TEACHER ASSOCIATIONS; AND

(XI)  THE BUSINESS COMMUNITY.

(b)  OF THE PERSONS APPOINTED, AT LEAST ONE PERSON SHALL HAVE EXPERIENCE WITH CHILDREN WITH DISABILITIES.

(c)  IN APPOINTING MEMBERS OF THE ADVISORY COMMITTEE, THE EXECUTIVE DIRECTOR SHALL ENSURE THAT THE PERSONS APPOINTED REPRESENT THE CULTURAL AND GEOGRAPHIC DIVERSITY OF THE STATE.

(3)  THE MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR REASONABLE TRAVELING EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES ON THE ADVISORY COMMITTEE.

(4)  A MAJORITY OF THE MEMBERS OF THE ADVISORY COMMITTEE SHALL CONSTITUTE A QUORUM. A QUORUM SHALL HAVE FULL AND COMPLETE POWER TO ACT UPON AND RESOLVE IN THE NAME OF THE ADVISORY COMMITTEE ANY MATTER OR QUESTION PROPERLY BEFORE IT AT ANY MEETING. THE ADVISORY COMMITTEE, AS SOON AFTER APPOINTMENT AS PRACTICABLE, SHALL ELECT FROM AMONG ITS MEMBERS A CHAIRPERSON, A VICE­CHAIRPERSON, AND A SECRETARY WHO SHALL HOLD OFFICE UNTIL THEIR SUCCESSORS ARE ELECTED. THE CHAIRPERSON SHALL PRESIDE AT ALL MEETINGS OF THE ADVISORY COMMITTEE, AND THE SECRETARY SHALL MAKE A RECORD OF THE PROCEEDINGS THEREOF THAT SHALL BE PRESERVED IN THE OFFICE OF THE STATE DEPARTMENT. ALL MEMBERS OF THE ADVISORY COMMITTEE SHALL BE ENTITLED TO VOTE ON ANY MATTER OR QUESTION THAT PROPERLY COMES BEFORE IT.

(5)  THE ADVISORY COMMITTEE SHALL MEET AT LEAST TWICE A YEAR OR MORE OFTEN AS NECESSARY TO COMPLETE ITS DUTIES AS SPECIFIED IN SECTION 26­6­304. IN COMPLETING ITS DUTIES, THE ADVISORY COMMITTEE SHALL SOLICIT INPUT FROM PARENTS AND OTHER MEMBERS OF THE CHILD CARE COMMUNITY.

(6) (a)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2008.

(b)  PRIOR TO REPEAL OF THIS SECTION, THE ADVISORY COMMITTEE SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 2­3­1203, C.R.S.

26­6­304.  Advisory committee ­ duties. (1)  THE ADVISORY COMMITTEE SHALL PERFORM THE FOLLOWING DUTIES:

(a)  ADVISE THE STATE DEPARTMENT ON THE ESTABLISHMENT AND IMPLEMENTATION OF THE CHILD CARE CREDENTIALING SYSTEM;

(b)  RECOMMEND MINIMUM STANDARDS AND PROCEDURES FOR APPLYING FOR AND ISSUING CREDENTIALS, INCLUDING BUT NOT LIMITED TO METHODS OF SCREENING APPLICANTS FOR PRIOR CONVICTIONS OF OFFENSES INVOLVING CHILDREN;

(c)  MAKE RECOMMENDATIONS CONCERNING THE APPROPRIATE FORMS AND OTHER DOCUMENTATION FOR THE CHILD CARE CREDENTIALING SYSTEM AND THE INFORMATION TO BE INCLUDED ON THOSE FORMS;

(d)  RECOMMEND CRITERIA AND STANDARDS FOR ISSUANCE OF CREDENTIALS AT EACH LEVEL OF THE CHILD CARE CREDENTIALING SYSTEM;

(e)  RECOMMEND A FEE SCHEDULE FOR ISSUANCE AND RENEWAL OF CREDENTIALS;

(f)  RECOMMEND STANDARDS FOR THE ACCEPTANCE OF WORKSHOPS, WORK EXPERIENCE EQUIVALENCY, TRAINING THAT RESULTS IN COLLEGE CREDIT, AND TRAINING THAT DOES NOT RESULT IN COLLEGE CREDIT IN MEETING THE CREDENTIALING REQUIREMENTS AT THE VARIOUS LEVELS; AND

(g)  RECOMMEND GUIDELINES FOR QUALIFICATIONS FOR PERSONS WHO PROVIDE TRAINING TO PERSONS WORKING IN EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS.

(2)  THE ADVISORY COMMITTEE SHALL MAKE ITS INITIAL RECOMMENDATIONS FOR ESTABLISHMENT AND IMPLEMENTATION OF THE CHILD CARE CREDENTIALING SYSTEM TO THE EXECUTIVE DIRECTOR AND THE STATE BOARD ON OR BEFORE JANUARY 1, 1999.

26­6­305.  Child care credentialing system ­ rules ­ credentialing fee cash fund. (1)  THE STATE BOARD SHALL ADOPT RULES ESTABLISHING AND IMPLEMENTING THE CHILD CARE CREDENTIALING SYSTEM, BASED ON THE RECOMMENDATIONS OF THE ADVISORY COMMITTEE SUBMITTED PURSUANT TO SECTION 26­6­304. AT A MINIMUM, THE RULES SHALL INCLUDE THE AMOUNT OF THE NEW AND RENEWAL CREDENTIAL FEES TO BE PAID BY PERSONS APPLYING FOR THE CREDENTIALS AND MAY ALLOW WAIVER OF THE FEES IN SPECIFIED CIRCUMSTANCES. THE AMOUNT OF THE NEW AND RENEWAL CREDENTIAL FEES SHALL REFLECT THE DIRECT AND INDIRECT COSTS TO THE STATE DEPARTMENT OF ISSUING AND RENEWING CREDENTIALS.

(2)  ALL CREDENTIAL FEES COLLECTED PURSUANT TO THIS PART 3 SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE CREDENTIAL FEE CASH FUND, WHICH IS HEREBY CREATED. THE CREDENTIAL FEE CASH FUND SHALL CONSIST OF THE FEES CREDITED THERETO, ANY GENERAL FUND MONEYS APPROPRIATED THERETO BY THE GENERAL ASSEMBLY, AND ANY FEDERAL FUNDS GRANTED OR PRIVATE DONATIONS MADE THERETO. IN ADDITION, NOTWITHSTANDING THE PROVISIONS OF SECTION 24­36­114, C.R.S., ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE CREDENTIAL FEE CASH FUND SHALL BE CREDITED TO THE FUND. THE GENERAL ASSEMBLY SHALL MAKE ANNUAL APPROPRIATIONS FROM THE CREDENTIAL FEE CASH FUND FOR EXPENDITURES INCURRED BY THE STATE DEPARTMENT IN THE IMPLEMENTATION OF THE CHILD CARE CREDENTIALING SYSTEM PURSUANT TO THIS PART 3. AT THE END OF ANY 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.

SECTION 2.  2­3­1203 (3), Colorado Revised Statutes, 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:

(t)  JULY 1, 2008: THE CHILD CARE CREDENTIALING ADVISORY COMMITTEE, APPOINTED PURSUANT TO SECTION 26­6­303, C.R.S.

SECTION 3.  Appropriation. In addition to any other appropriation, for the fiscal year beginning July 1, 1998, there is hereby appropriated from the general fund to the credential fee cash fund created in section 26­6­305, Colorado Revised Statutes, the sum of sixty­seven thousand dollars ($67,000), and 1.0 FTE, or so much thereof as may be necessary, is further appropriated out of the credential fee cash fund to the department of human services, for allocation to the division of child care, for the implementation of this act.

SECTION 4.  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.