First Regular Session
Sixty-second General Assembly
LLS NO. 99-0249.01 Julie Pelegrin HOUSE BILL 99-1186
STATE OF COLORADO
BY REPRESENTATIVES S. Williams, Alexander, Bacon, Clarke,
Gagliardi, Keller, Mace, Swenson, Windels.
HEALTH, ENVIRONMENT, WELFARE, & INSTITUTIONS
A BILL FOR AN ACT
101 CONCERNING ESTABLISHMENT OF A VOLUNTARY CREDENTIALING SYSTEM
102 FOR CHILD CARE PROFESSIONALS.
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 multi-tiered 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.
Authorizes the department of human services to contract with an
entity to administer the child care credentialing system. Specifies that the
entity shall collect fees received through operation of the system and
apply said moneys to offset the costs of administering the system.
Identifies the department's duties in administering the contract.
Establishes qualifications and requirements for any entity that contracts
to administer the child care credentialing system. Authorizes the
department to apply for and receive public or private gifts, grants, or
donations for implementation of the child care credentialing system.
Prohibits the general assembly from appropriating state general fund
moneys for implementation or operation of the 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.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Describes the duties of the advisory committee, including making
recommendations to the department of human services 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,
2000.
Instructs the state board of human services to adopt rules to
implement the child care credentialing system. Directs the department of
human services, on or before December 1, 2002, to submit to the health,
environment, welfare, and institutions committees of the senate and
house of representatives a report concerning implementation of the child
care credentialing system. Repeals the child care credentialing system,
effective July 1, 2003.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 6 of title 26, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PART to read:
4 PART 3
5 CREDENTIALING SYSTEM FOR
6 CHILD CARE PROFESSIONALS
7 26-6-301. Legislative declaration. (1) THE GENERAL ASSEMBLY
8 HEREBY FINDS THAT:
9 (a) THE MAJORITY OF PARENTS OF YOUNG CHILDREN WORK
10 OUTSIDE THE HOME AND PLACE THEIR CHILDREN IN SOME FORM OF EARLY
11 CHILDHOOD CARE;
12 (b) THE CONTINUED WELL-BEING OF THE STATE REQUIRES THAT
13 EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS ARE SAFE,
14 NURTURING, AND CHALLENGING SO THAT CHILDREN CAN DEVELOP TO
15 THEIR FULLEST CAPACITY AND PARENTS CAN WORK WITH PEACE OF MIND
16 TO SUPPORT THEIR FAMILIES;
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1 (c) CAREER DEVELOPMENT FOR PROFESSIONALS IN EARLY
2 CHILDHOOD CARE AND EDUCATION IS A POWERFUL TOOL FOR ENSURING
3 THE HIGH QUALITY OF EARLY CHILDHOOD CARE AND EDUCATION
4 PROGRAMS BY VALIDATING INCREASED SKILLS AND COMPETENCIES AND
5 ENSURING THAT EACH PERSON WORKING WITH YOUNG CHILDREN HAS THE
6 SAME BASIC KNOWLEDGE AND COMPETENCIES REGARDLESS OF WHERE
7 THAT PERSON WORKS;
8 (d) A CREDENTIALING SYSTEM FOR PROFESSIONALS IN EARLY
9 CHILDHOOD CARE AND EDUCATION WILL PROVIDE A CONSISTENT
10 STANDARD THAT PARENTS CAN APPLY TO DETERMINE THE QUALITY OF
11 CARE PROVIDED BY DIFFERENT CHILD CARE PROVIDERS AND TO ENSURE
12 THEY ARE PURCHASING THE HIGHEST QUALITY CARE FOR THEIR CHILDREN.
13 26-6-302. Child care credentialing system - created - authority
14 to contract. (1) THE STATE DEPARTMENT SHALL ESTABLISH AND
15 IMPLEMENT A CHILD CARE CREDENTIALING SYSTEM FOR PERSONS WORKING
16 IN EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS. APPLICATION
17 FOR CREDENTIALS SHALL BE VOLUNTARY, AND THE CHILD CARE
18 CREDENTIALING SYSTEM SHALL NOT AFFECT THE PROVISIONS OF THE
19 "CHILD CARE LICENSING ACT" ESTABLISHED IN PART 1 OF THIS ARTICLE.
20 THE CHILD CARE CREDENTIALING SYSTEM SHALL BE A MULTI-TIERED
21 SYSTEM OF GRADUATED CREDENTIALS THAT REFLECTS THE INCREASED
22 KNOWLEDGE, SKILLS, AND COMPETENCIES OF PERSONS WORKING IN EARLY
23 CHILDHOOD CARE AND EDUCATION PROGRAMS. THE CHILD CARE
24 CREDENTIALING SYSTEM SHALL PROVIDE A FRAMEWORK FOR
25 STANDARDIZATION OF PROFESSIONAL REQUIREMENTS AND TRAINING AND
26 COORDINATION AMONG CHILD CARE TRAINING PROGRAMS THAT RESULT IN
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1 COLLEGE CREDIT AND THOSE THAT DO NOT.
2 (2) (a) THE STATE DEPARTMENT MAY CONTRACT WITH AN ENTITY
3 THAT MEETS THE QUALIFICATIONS SPECIFIED IN PARAGRAPH (d) OF THIS
4 SUBSECTION (2) TO ADMINISTER THE CHILD CARE CREDENTIALING SYSTEM.
5 PURSUANT TO SAID CONTRACT, THE ENTITY SHALL COLLECT THE NEW AND
6 RENEWAL CREDENTIAL FEES IN THE AMOUNT SET BY RULE OF THE STATE
7 BOARD PURSUANT TO SECTION 26-6-305 AND APPLY THE REVENUE FROM
8 SAID FEES TO OFFSET THE COSTS INCURRED UNDER THE CONTRACT IN
9 ADMINISTERING THIS PART 3. IN ADDITION, THE ENTITY MAY RECEIVE SUCH
10 ADDITIONAL PUBLIC OR PRIVATE MONEYS AS MAY BE NECESSARY TO
11 OFFSET THE COSTS INCURRED IN ADMINISTERING THIS PART 3.
12 (b) UNDER THE CONTRACT ENTERED INTO PURSUANT TO
13 PARAGRAPH (a) OF THIS SUBSECTION (2), THE ENTITY SHALL ADMINISTER
14 THE CHILD CARE CREDENTIALING SYSTEM, INCLUDING BUT NOT LIMITED TO
15 ACCEPTING AND REVIEWING CREDENTIAL APPLICATIONS, IN ACCORDANCE
16 WITH THE RULES ADOPTED BY THE STATE BOARD PURSUANT TO SECTION
17 26-6-305. THE ENTITY SHALL MAKE RECOMMENDATIONS TO THE STATE
18 DEPARTMENT CONCERNING WHETHER ANY CREDENTIAL APPLICATION
19 SHOULD BE GRANTED.
20 (c) EACH CREDENTIAL SHALL BE ISSUED BY THE STATE
21 DEPARTMENT, BASED ON THE RECOMMENDATIONS OF THE ADMINISTERING
22 ENTITY. IN ADDITION, THE STATE DEPARTMENT SHALL:
23 (I) MONITOR THE ENTITY'S ACTIVITIES IN ADMINISTERING THE
24 CHILD CARE CREDENTIALING SYSTEM UNDER THE CONTRACT ENTERED INTO
25 PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2);
26 (II) OVERSEE AND COORDINATE THE ACTIVITIES OF THE CHILD CARE
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1 CREDENTIALING ADVISORY COMMITTEE CREATED IN SECTION 26-6-303;
2 AND
3 (III) IN ORDER TO IMPLEMENT THE VOLUNTARY CREDENTIALING
4 SYSTEM FOR CHILD CARE PROFESSIONALS ESTABLISHED PURSUANT TO THIS
5 SECTION, BE AUTHORIZED TO SPEND FEDERAL FUNDS RECEIVED UNDER THE
6 CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT THAT ARE
7 DESIGNATED TO IMPROVE THE QUALITY OF CHILD CARE.
8 (d) ANY ENTITY THAT ENTERS INTO A CONTRACT PURSUANT TO
9 PARAGRAPH (a) OF THIS SUBSECTION (2) SHALL MEET THE FOLLOWING
10 QUALIFICATIONS AND REQUIREMENTS:
11 (I) THE ENTITY SHALL NOT BE A DEPARTMENT IN THE EXECUTIVE
12 BRANCH OF THE STATE GOVERNMENT;
13 (II) THE ENTITY SHALL NOT BE INVOLVED IN THE DIRECT PROVISION
14 OF CHILD CARE, OR IN ACTIVITIES RELATED TO CHILD CARE, IN SUCH A
15 MANNER AS WOULD CREATE A CONFLICT OF INTEREST;
16 (III) THE ENTITY SHALL DEMONSTRATE EXPERIENCE AND
17 KNOWLEDGE IN THE SKILLS AND QUALIFICATIONS NECESSARY FOR
18 PROVIDING HIGH QUALITY CHILD CARE; AND
19 (IV) UPON ENTERING INTO THE CONTRACT, THE ENTITY SHALL
20 AGREE TO THE PERFORMANCE OF AN ANNUAL FISCAL AUDIT, PAID FOR BY
21 THE ENTITY.
22 (3) THE STATE DEPARTMENT IS AUTHORIZED TO APPLY FOR AND
23 ACCEPT ANY PUBLIC OR PRIVATE GIFTS, GRANTS, OR DONATIONS TO OFFSET
24 THE COSTS INCURRED BY THE STATE DEPARTMENT IN IMPLEMENTING THE
25 CHILD CARE CREDENTIALING SYSTEM. ANY MONEYS SO RECEIVED SHALL
26 BE APPROPRIATED BY THE GENERAL ASSEMBLY TO THE STATE DEPARTMENT
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1 FOR ALLOCATION TO THE CHILD CARE CREDENTIALING SYSTEM. IN NO
2 EVENT SHALL THE GENERAL ASSEMBLY APPROPRIATE STATE GENERAL
3 FUND MONEYS FOR IMPLEMENTATION OR OPERATION OF THE CHILD CARE
4 CREDENTIALING SYSTEM.
5 26-6-303. Child care credentialing advisory committee -
6 creation - membership. (1) THERE IS HEREBY CREATED THE CHILD CARE
7 CREDENTIALING ADVISORY COMMITTEE, REFERRED TO IN THIS PART 3 AS
8 THE "ADVISORY COMMITTEE", TO ADVISE AND CONSULT WITH THE STATE
9 DEPARTMENT AND THE STATE BOARD IN THE ESTABLISHMENT AND
10 IMPLEMENTATION OF THE CHILD CARE CREDENTIALING SYSTEM. THE
11 ADVISORY COMMITTEE SHALL CONSIST OF NO MORE THAN FIFTEEN
12 MEMBERS TO BE APPOINTED BY THE EXECUTIVE DIRECTOR FOR TERMS OF
13 THREE YEARS; EXCEPT THAT, OF THE MEMBERS FIRST APPOINTED,
14 ONE-THIRD SHALL BE APPOINTED FOR ONE YEAR, ONE-THIRD FOR TWO
15 YEARS, AND ONE-THIRD FOR THREE YEARS. VACANCIES SHALL BE FILLED
16 BY APPOINTMENT FOR THE REMAINDER OF THE UNEXPIRED TERM. THE
17 EXECUTIVE DIRECTOR SHALL MAKE INITIAL APPOINTMENTS TO THE
18 ADVISORY COMMITTEE NO LATER THAN JULY 1, 1999.
19 (2) (a) THE ADVISORY COMMITTEE SHALL INCLUDE MEMBERS WHO
20 REPRESENT THE FOLLOWING INTERESTS, ORGANIZATIONS, AND BOARDS:
21 (I) TEACHERS AND TEACHERS' AIDES WHO WORK WITH YOUNG
22 CHILDREN IN PUBLIC OR PRIVATE EARLY CHILDHOOD CARE AND EDUCATION
23 PROGRAMS;
24 (II) THE PUBLICLY FUNDED CHILD CARE RESOURCE AND REFERRAL
25 SYSTEM;
26 (III) EARLY CHILDHOOD PROFESSIONAL ORGANIZATIONS;
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1 (IV) PROPRIETARY AND NONPROFIT CHILD CARE PROVIDERS,
2 INCLUDING BUT NOT LIMITED TO PROPRIETARY CHILD CARE ASSOCIATIONS
3 AND FAMILY CHILD CARE HOME ASSOCIATIONS;
4 (V) PARENTS OF CHILDREN WHO ARE CURRENTLY ENROLLED IN A
5 PUBLIC OR PRIVATE EARLY CHILDHOOD CARE AND EDUCATION PROGRAM;
6 (VI) VARIOUS STATE AND LOCAL GOVERNMENTAL AGENCIES WITH
7 AN INTEREST IN AND CONCERN FOR CHILDREN;
8 (VII) THE COLORADO COMMISSION ON HIGHER EDUCATION;
9 (VIII) THE COLORADO STATE BOARD FOR COMMUNITY COLLEGES
10 AND OCCUPATIONAL EDUCATION;
11 (IX) VOCATIONAL AND TECHNICAL EDUCATION PROGRAMS;
12 (X) PARENT-TEACHER ASSOCIATIONS; AND
13 (XI) THE BUSINESS COMMUNITY.
14 (b) OF THE PERSONS APPOINTED, AT LEAST ONE PERSON SHALL
15 HAVE EXPERIENCE WITH CHILDREN WITH DISABILITIES.
16 (c) IN APPOINTING MEMBERS OF THE ADVISORY COMMITTEE, THE
17 EXECUTIVE DIRECTOR SHALL ENSURE THAT THE PERSONS APPOINTED
18 REPRESENT THE CULTURAL AND GEOGRAPHIC DIVERSITY OF THE STATE.
19 (3) THE MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE
20 WITHOUT COMPENSATION BUT SHALL BE ENTITLED TO REIMBURSEMENT
21 FOR REASONABLE TRAVELING EXPENSES INCURRED IN THE PERFORMANCE
22 OF THEIR DUTIES ON THE ADVISORY COMMITTEE.
23 (4) A MAJORITY OF THE MEMBERS OF THE ADVISORY COMMITTEE
24 SHALL CONSTITUTE A QUORUM. A QUORUM SHALL HAVE FULL AND
25 COMPLETE POWER TO ACT UPON AND RESOLVE IN THE NAME OF THE
26 ADVISORY COMMITTEE ANY MATTER OR QUESTION PROPERLY BEFORE IT AT
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1 ANY MEETING. THE ADVISORY COMMITTEE, AS SOON AFTER APPOINTMENT
2 AS PRACTICABLE, SHALL ELECT FROM AMONG ITS MEMBERS A
3 CHAIRPERSON, A VICE-CHAIRPERSON, AND A SECRETARY WHO SHALL HOLD
4 OFFICE UNTIL THEIR SUCCESSORS ARE ELECTED. THE CHAIRPERSON, OR HIS
5 OR HER DESIGNEE, SHALL PRESIDE AT ALL MEETINGS OF THE ADVISORY
6 COMMITTEE, AND THE SECRETARY, OR HIS OR HER DESIGNEE, SHALL MAKE
7 A RECORD OF THE PROCEEDINGS THEREOF THAT SHALL BE PRESERVED IN
8 THE OFFICE OF THE STATE DEPARTMENT. ALL MEMBERS OF THE ADVISORY
9 COMMITTEE SHALL BE ENTITLED TO VOTE ON ANY MATTER OR QUESTION
10 THAT PROPERLY COMES BEFORE IT.
11 (5) THE ADVISORY COMMITTEE SHALL MEET AT LEAST TWICE PER
12 YEAR OR MORE OFTEN AS NECESSARY TO COMPLETE ITS DUTIES AS
13 SPECIFIED IN SECTION 26-6-304. IN COMPLETING ITS DUTIES, THE
14 ADVISORY COMMITTEE SHALL SOLICIT INPUT FROM PARENTS AND OTHER
15 MEMBERS OF THE CHILD CARE COMMUNITY.
16 26-6-304. Advisory committee - duties. (1) THE ADVISORY
17 COMMITTEE SHALL PERFORM THE FOLLOWING DUTIES:
18 (a) TO ADVISE THE STATE DEPARTMENT ON THE ESTABLISHMENT
19 AND IMPLEMENTATION OF THE CHILD CARE CREDENTIALING SYSTEM;
20 (b) TO RECOMMEND MINIMUM STANDARDS AND PROCEDURES FOR
21 APPLYING FOR AND ISSUING CREDENTIALS, INCLUDING BUT NOT LIMITED TO
22 METHODS OF SCREENING APPLICANTS FOR PRIOR CONVICTIONS OF
23 OFFENSES INVOLVING CHILDREN;
24 (c) TO MAKE RECOMMENDATIONS CONCERNING THE APPROPRIATE
25 FORMS AND OTHER DOCUMENTATION FOR THE CHILD CARE CREDENTIALING
26 SYSTEM AND THE INFORMATION TO BE INCLUDED ON THOSE FORMS;
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1 (d) TO RECOMMEND CRITERIA AND STANDARDS FOR ISSUANCE OF
2 CREDENTIALS AT EACH LEVEL OF THE CHILD CARE CREDENTIALING
3 SYSTEM;
4 (e) TO RECOMMEND A FEE SCHEDULE FOR ISSUANCE AND RENEWAL
5 OF CREDENTIALS;
6 (f) TO RECOMMEND STANDARDS FOR THE ACCEPTANCE OF
7 WORKSHOPS, WORK EXPERIENCE EQUIVALENCY, TRAINING THAT RESULTS
8 IN COLLEGE CREDIT, AND TRAINING THAT DOES NOT RESULT IN COLLEGE
9 CREDIT IN MEETING THE CREDENTIALING REQUIREMENTS AT THE VARIOUS
10 LEVELS; AND
11 (g) TO RECOMMEND GUIDELINES FOR QUALIFICATIONS FOR
12 PERSONS WHO PROVIDE TRAINING TO PERSONS WORKING IN EARLY
13 CHILDHOOD CARE AND EDUCATION PROGRAMS.
14 (2) THE ADVISORY COMMITTEE SHALL MAKE ITS INITIAL
15 RECOMMENDATIONS FOR ESTABLISHMENT AND IMPLEMENTATION OF THE
16 CHILD CARE CREDENTIALING SYSTEM TO THE EXECUTIVE DIRECTOR AND
17 THE STATE BOARD ON OR BEFORE JANUARY 1, 2000.
18 26-6-305. Child care credentialing system - rules. THE STATE
19 BOARD SHALL ADOPT RULES ESTABLISHING AND IMPLEMENTING THE CHILD
20 CARE CREDENTIALING SYSTEM, BASED ON THE RECOMMENDATIONS OF THE
21 ADVISORY COMMITTEE SUBMITTED PURSUANT TO SECTION 26-6-304. AT
22 A MINIMUM, THE RULES SHALL ESTABLISH STANDARDS AND PROCEDURES
23 FOR THE ENTITY TO APPLY IN ACCEPTING AND REVIEWING CREDENTIAL
24 APPLICATIONS AND SPECIFY THE AMOUNT OF THE NEW AND RENEWAL
25 CREDENTIAL FEES TO BE PAID BY PERSONS APPLYING FOR THE
26 CREDENTIALS. IN ADDITION, THE RULES MAY ALLOW WAIVER OF THE FEES
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1 IN SPECIFIED CIRCUMSTANCES. THE AMOUNT OF THE NEW AND RENEWAL
2 CREDENTIAL FEES SHALL REFLECT THE DIRECT AND INDIRECT COSTS OF
3 ISSUING AND RENEWING CREDENTIALS.
4 26-6-306. Report - recommendations. ON OR BEFORE
5 DECEMBER 1, 2002, THE STATE DEPARTMENT SHALL SUBMIT TO THE
6 HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE
7 SENATE AND THE HOUSE OF REPRESENTATIVES A REPORT CONCERNING
8 IMPLEMENTATION OF THE CHILD CARE CREDENTIALING SYSTEM
9 ESTABLISHED PURSUANT TO SECTION 26-6-302. THE STATE DEPARTMENT
10 SHALL WORK WITH THE ADVISORY COMMITTEE IN PREPARING THE REPORT.
11 THE REPORT SHALL INCLUDE BUT SHALL NOT BE LIMITED TO A SUMMARY
12 OF THE CREDENTIALS OFFERED THROUGH THE CHILD CARE CREDENTIALING
13 SYSTEM AND THE NUMBER OF PERSONS RECEIVING EACH TYPE OF
14 CREDENTIAL. IN ADDITION, THE REPORT SHALL INCLUDE
15 RECOMMENDATIONS CONCERNING CONTINUATION OF THE CHILD CARE
16 CREDENTIALING SYSTEM AND ANY SUGGESTED LEGISLATIVE CHANGES IN
17 THE SYSTEM.
18 26-6-307. Repeal of part. THIS PART 3 IS REPEALED, EFFECTIVE
19 JULY 1, 2003.
20 SECTION 2. Safety clause. The general assembly hereby finds,
21 determines, and declares that this act is necessary for the immediate
22 preservation of the public peace, health, and safety.