COLORADO DEPARTMENT OF EARLY CHILDHOOD General Early Childhood Administration and Programs GENERAL EARLY CHILDHOOD RULES AND REGULATIONS 8 CCR 1401-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.100 AUTHORITY These rules and regulations are adopted pursuant to the rulemaking authority provided in section 26.5-1- 105(1)(a), C.R.S., and are intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq. (the “APA”), C.R.S., and the Anna Jo Garcia Haynes Early Childhood Act, sections 26.5-1-101 et seq. (the “Early Childhood Act”), C.R.S. 1.101 SCOPE AND PURPOSE These rules and regulations shall govern the processes, procedures, and participation in the School Readiness Quality Improvement Program and Early Childhood Councils in Colorado. 1.102 APPLICABILITY The provisions of these rules and regulations shall be applicable to licensed childcare providers and early childhood councils regulated by the Colorado Department of Early Childhood. 1.200 COLORADO SCHOOL READINESS QUALITY IMPROVEMENT PROGRAM The Colorado School Readiness Quality Improvement Program (SRQIP) is part of the Colorado Shines quality rating and improvement system. The purpose of the program is to improve the school readiness of children, five (5) years of age or younger, who are cared for at early childhood education programs pursuant to section 26.5-5-102, C.R.S. These rules are promulgated pursuant to section 26.5-5-102(6), C.R.S.

1.201 DEFINITIONS A. “Child” means a child five (5) years of age or younger. B. “Children with identified risk factors” means children who have risks that affect their overall learning ability and kindergarten readiness. Risks include, but are not limited to: 1. A child with a disability or developmental delay under age five (5) who has an individual family service plan (IFSP), an individualized education program (IEP), or medical care plan;

2. A child who has a home language other than English (English language learner); 3. A child from a household that meets income eligibility criteria for Colorado Child Care Assistance Program;

4. A child who is a migrant and meets the definition of “migratory child” in the Elementary and Secondary Education Act (ESEA), 20 U.S.C. section 6399(3); 1 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs 5. A child who resides on Indian lands;

6. A child who is in foster care, kinship care or receiving services through the child welfare system;

7. A child who is eligible to receive free or reduced-cost meals pursuant to the provisions of the federal National School Lunch Act;

8. A child who is experiencing homelessness or frequent relocations to new residences by the child’s family;

9. Drug or alcohol abuse in the child’s family;

10. A child living in the home with an abusive adult; or 11. Either parent of the child was less than eighteen years (18) of age at the time of the birth of the child.

C. “Colorado Shines quality rating and improvement system” referred to as the “Colorado Shines system” shall measure the level of preparedness of, and quality services provided by, an early childhood education program to prepare children to enter elementary school. D. “Early Childhood Council” means an early childhood council identified or established locally in communities throughout the state, pursuant to section 26.5-2-201, C.R.S., for the purpose of developing and ultimately implementing a comprehensive system of early childhood services to ensure the school readiness of children five (5) years of age or younger in the community. E. “Early childhood education program” means a licensed child care program pursuant to Part 3 of Article 5 of this Title 26.5 that provides child care and education to children five (5) years of age or younger.

F. “High quality rating” means a quality rating level of three (3), four (4), or five (5) within the Colorado Shines system.

G. “Intentional misrepresentation” means a deliberate and willful false representation by submission or omission from an individual or early childhood education program in an attempt to deceive in order to receive a higher Colorado Shines quality rating level. This includes but is not limited to the following:

1. A false statement of material fact;

2. Knowledge on the part of the individual that the statement and/or submitted document is untrue; or 3. Intent of the applicant to deceive the state and agents working on behalf of the state. H. “State department” or “state” means the Colorado Department of Early Childhood. 1.202 APPLICATION FOR FUNDING A. An Early Childhood Council, convened through the Colorado Department of Early Childhood, seeking school readiness quality improvement program funds must apply directly to the state department through a formal procurement process that ensures an equitable distribution between rural and urban communities.

2 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs B. To be eligible to receive school readiness quality improvement program funds through the Colorado Shines system, an Early Childhood Council must: 1. Apply on behalf of the designated service area it represents. 2. Prepare and submit to the state department a three (3) year school readiness plan that includes, at minimum:

a. A narrative that demonstrates the need to improve quality and increase the capacity of early childhood education programs in its service area, and b. Strategies developed in partnership with community partners to include, at minimum, county departments of human or social services, for how the Early Childhood Council will target and recruit licensed early childhood education programs that are rated in the Colorado Shines system, actively working toward achieving Colorado Shines system level two (2) rating to: (1) Increase the access and availability of high quality child care for children participating in the Colorado Child Care Assistance Program created in Part 1 of Article 4 of Title 26.5;

(2) Target quality improvement funding to improve the level of quality at participating early childhood education programs; and (3) Promote family involvement as aligned to the family engagement quality indicator within the Colorado Shines quality rating and improvement system framework.

3. The Early Childhood Council must execute a memorandum of understanding with participating early childhood education programs to secure the program’s commitment to engage in the Colorado Shines system and improve quality. 4. The Early Childhood Council must make provisions to prioritize the distribution of quality improvement funding to early childhood education programs that serve children with identified risk factors.

C. The state department shall contract with an existing early childhood council to implement the school readiness quality improvement program:

1. In areas of the state that are not covered by an early childhood council; and 2. In cases where the early childhood council that covers a particular area of the state did not apply.

1.203 EARLY CHILDHOOD EDUCATION PROGRAM ELIGIBILITY CRITERIA A. Early childhood education programs are eligible for quality improvement funding if participating in the Colorado Shines quality rating and improvement system. B. Quality improvement funds shall only be awarded to early childhood education programs that meet the following criteria:

1. Rated in the Colorado Shines system at a quality level one (1) or higher and meets the Colorado Shines quality improvement eligibility criteria, as defined within the business rules of the current Early Childhood Council contract with the state; and 3 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs 2. Execute a memorandum of understanding with the Early Childhood Council serving the early childhood education program.

C. Participating early childhood education programs will become ineligible if they are: 1. In receipt of a notice of child care license revocation or suspension; 2. Under review or determined to have committed intentional misrepresentation as defined in rule section 1.201(G);

3. Not compliant with memorandum of understanding executed between the Early Childhood Council and the early childhood education program; or 4. Not compliant with improvement in ratings as set forth in rule section 1.205. 1.204 COLORADO SHINES QUALITY RATING AND IMPROVEMENT SYSTEM A. The Colorado Shines quality rating and improvement system measures the level of preparedness of and quality services provided by an early childhood education program in the following five (5) standard areas:

1. Workforce qualifications and professional development; 2. Family partnership;

3. Leadership, management, and administration;

4. Learning environment; and 5. Child health.

B. The Colorado Shines system shall:

1. Measure elements of quality at an early childhood education program; 2. Be supported by statistically valid research as a reliable measure of quality of an early childhood education program;

3. Include a quality improvement plan that informs participating early childhood education programs of their strengths and opportunities and provides early childhood education programs with strategies to improve the quality of their services; 4. Demonstrate effectiveness at improving the level of quality of providers in geographically diverse Colorado communities; and 5. Inform parents, counties, and other purchasers of early childhood care and education about the level of quality at an early childhood education program in a simple and easy- to-understand manner.

1.205 IMPROVEMENT IN RATINGS A. To be eligible for quality improvement funds, early childhood education programs are required to participate in the Colorado Shines quality rating system with the goal to earn and/or maintain a high quality level three (3) through five (5) rating as outlined in rule section 1.205(B). 4 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs B. To maintain eligibility for funding, participating early childhood education programs must demonstrate specific and measurable gains at the conclusion of each consecutive Colorado Shines rating as follows:

1. Early childhood education programs that complete an onsite Colorado Shines assessment and do not achieve a high quality rating must apply for a subsequent rating within an eighteen (18) month time period.

2. Early childhood education programs that earn a quality rating level three (3) must meet one of the following criteria to maintain eligibility for funding: a. Increase their average environment rating scale score; b. Increase their total quality points earned; or c. Earn a quality rating level four (4) or five (5).

3. Early childhood education programs that earn a quality rating level four (4) or five (5) must maintain either a level four (4) or level five (5). 4. Early childhood education programs that do not maintain a high quality rating level during a rating cycle, must re-rate within an eighteen (18) month time period in order to remain eligible.

1.206 PUBLIC ACCESS TO RATINGS A. Once final, the state department publishes the early childhood education program’s quality rating information on the Colorado Shines quality rating and improvement system website. B. Quality rating information is provided in plain language and includes the child care licensing reports of inspection for each early childhood education program. 1.207 DISPUTE RESOLUTION A. The state department, through the Division of Early Learning Access and Quality, shall provide for an informal dispute resolution process to include a consultation and appeal process, through the Colorado Shines system.

B. Early childhood education programs shall be notified of the dispute resolution process by the Colorado Shines system rating administrator when participating in the post-rating assessment consultation. Information is additionally located within the online program portal. C. Early childhood education programs must request a post-rating assessment consultation within thirty (30) calendar days of receiving their assessment results and prior to submitting an appeal. D. Early childhood education programs must submit a written formal request for an appeal and all relevant documentation within ten (10) calendar days of receiving its post-rating assessment consultation.

E. The formal appeal of the early childhood education program’s assessment will be reviewed by the Colorado Shines assessment advisory committee, which determines whether errors have occurred and will adjust program scores, if warranted.

F. Within the formal appeal process of the early childhood education program’s assessment, all calculations will be based on the information gathered during the rating window. 5 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs 1. Early childhood education programs are responsible for submitting any relevant data to the Colorado Shines system rating administrator within ten (10) calendar days of the post-rating assessment consultation.

2. Changes in the early childhood education program, such as the hiring of new staff that happened after the close of the rating window, will not be considered in the rescoring process.

G. The Colorado Shines assessment advisory committee shall notify early childhood education programs of its decisions within ten (10) business days of the meeting at which the request for review was conducted.

1.300 EARLY CHILDHOOD COUNCILS Each Early Childhood Council, whether newly established in a community or newly identified to serve as a council, shall work toward consolidating and coordinating funding. Together, the Early Childhood Councils throughout the state shall serve to create a seamless system of early childhood services representing collaboration among various public and private stakeholders for the effective delivery of early childhood services in the areas of early care and education, family support, mental health, and health. These services shall support children five (5) years of age or younger and their parents in a manner that is responsive to local needs and conditions. These rules are promulgated pursuant to sections 26.5-1-105(1) and 26.5-2-201, et. seq., C.R.S. 1.301 DEFINITIONS A. “Children” means children five (5) years of age or younger. B. “County Department” means the County or District Department of Human Services or Social Services.

C. “Early care and education provider” is a required Early Childhood Council membership stakeholder group that includes, but is not limited to, a licensed and legally exempt child care provider; Head Start grantee; or district preschool program representative. D. “Early Childhood Council” means a council identified or established locally in communities throughout the state, either as a community consolidated child care services pilot site agency that existed prior to May 31, 2007, or pursuant to section 26.5-2-203, C.R.S., that represents public and private stakeholders for the purpose of developing and ultimately implementing a comprehensive system of early childhood services for children in the community to ensure school readiness. A council may be an Early Childhood Care and Education Council so long as no more than one council exists in a given service area.

E. “Early Childhood Council membership” means the members of a voting body of an Early Childhood Council with governing authority over all of the council’s duties enumerated in rule section 1.305.

F. “Family support and parent education services” is a required Early Childhood Council membership stakeholder group that includes, but is not limited to, a representative from a home visitation program; family resource center; or income assistance program. G. “Health care entity” is a required Early Childhood Council membership stakeholder group that includes, but is not limited to, a representative from local public health; health care providers; Women, Infants, and Children (WIC) food nutrition service; Supplemental Nutrition Assistance Program (SNAP); Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) program; or Parts B or C of the federal Individuals with Disabilities Education and Improvement Act. 6 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs H. “Local government” is a required Early Childhood Council membership stakeholder group that includes, but is not limited to, a representative from the County Board of Commissioners; City Council; local school district board; or a local County Department of Human Services or Social Services.

I. “Mental health care” is a required Early Childhood Council membership stakeholder group that includes, but is not limited to, a representative from the community mental health centers or a local mental health care provider.

J. “Resource and referral agency” is a required Early Childhood Council membership stakeholder group that includes, but is not limited to, a representative from a child care resource and referral agency or other agency that provides this support for parents with children five (5) years of age or younger.

K. “State department” means the Colorado Department of Early Childhood. 1.302 CREATION AND RECONFIGURATION PROCESSES This rule is promulgated pursuant to sections 26.5-2-203(4) and 26.5-2-205, C.R.S. A. To create a new Early Childhood Council or reconfigure an existing Early Childhood Council, the Board(s) of Commissioners in the applicable county or counties must first designate a convening entity. This convening entity may be, but is not limited to, the following agency types: 1. A local resource and referral agency;

2. A County Department of Human Services or Social Services; 3. A local school district; or 4. Department of Public Health.

B. The convening entity shall convene an Early Childhood Council, either as part of a single county or multi-county regional network, by submitting an application to the state department pursuant to the requirements of rule section 1.302(E).

C. The convening entity shall initially approve the Early Childhood Council membership, ensuring the mandatory stakeholders listed in rule section 1.304 are included. D. Existing Early Childhood Councils may apply to merge or reconfigure pursuant to rule section 1.302. A reconfigured council replaces the councils named in the application to reconfigure. E. A convening entity’s application for an agency applying to be newly identified as a council or an existing Early Childhood Council(s) applying to be a newly created and reconfigured council shall designate, at minimum, the following information:

1. An intended service area that complies with rule section 1.303; 2. The county or counties involved with the council;

3. The participating Early Childhood Council members that includes required stakeholders as set forth in rule section 1.304;

4. The designated fiscal agent; and 7 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs 5. Signatures of the Chair or Chairs of the Board or Boards of County Commissioners of all counties involved in the council, the legal signatory for the counties, and the president of any school district Board of Education involved in the council. F. The state department’s approval of an Early Childhood Council’s application does not guarantee funds to that council, as set forth in rule section 1.306. 1.303 SERVICE AREA This rule is promulgated pursuant to section 26.5-2-203, C.R.S. A. To the extent practicable, a service area of an Early Childhood Council shall be representative of the various public and private stakeholders in the local community who serve children. B. An Early Childhood Council’s service area may include more than one county. C. No two Early Childhood Councils may cover the same service area. 1.304 GOVERNANCE This rule is promulgated pursuant to sections 26.5-1-105(1) and 26.5-2-205, C.R.S. A. Early Childhood Council membership shall:

1. Reflect local needs and cultural and geographic diversity within the service area; 2. Have voting rights;

3. Consist of a minimum of ten (10) members;

4. Include at least one representative, who operates or resides within the council’s service area, from each of the following seven (7) mandatory stakeholder groups and making an effort to recruit stakeholders from diverse organizations when possible: a. Early care and education;

b. Family support and parent education services;

c. Health care;

d. Local government;

e. Parent of a child five (5) years of age or younger;

f. Mental health care; and g. Resource and referral agency.

5. Early Childhood Council membership may also include, but is not limited to, representation from any combination of the following stakeholder groups within the council’s service area:

a. Child care association;

b. Medical practice;

8 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs c. Dental practice;

d. School district parent organization;

e. Head Start Policy Council;

f. Chamber of Commerce;

g. Local business;

h. Faith-based organization;

i. Nonprofit organization;

j. Higher education institution; and/or k. Library.

B. Each member of an Early Childhood Council shall sign a Memorandum of Understanding on behalf of the organization the member represents to participate in and collaborate on the work of the Early Childhood Council.

C. Each Early Childhood Council shall submit a summary of justification and a request for approval to the state department in cases where:

1. One (1) individual represents multiple, mandatory stakeholder groups on the Early Childhood Council membership; and/or 2. A mandatory stakeholder group is vacant for more than ninety (90) days. D. Each Early Childhood Council shall adopt bylaws that provide for, at minimum: 1. Early Childhood Council name;

2. Early Childhood Council purpose;

3. Requirements for membership;

4. Members’ roles and responsibilities;

5. Process for selecting members;

6. Rules for membership rotation and terms;

7. How meetings will be conducted; and 8. Meeting frequency and the quorum required for council action. E. Each Early Childhood Council shall designate and enter into a formal, written agreement with a fiscal agent that requires the fiscal agent to:

1. Accept legal and financial responsibility for the work being performed under the contract, including all deliverables and deadlines associated with the council scope of work; 9 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs 2. Acknowledge that if work is not performed in accordance with the council contract, payment may be withheld by the state department;

3. Comply with fiscal contractual requirements, in accordance with the state fiscal rules (see1 CCR 101-1) and applicable federal guidance (see 2 C.F.R. Part 200). The State of Colorado’s Fiscal rules are located in 1 CCR 101-1 (07/01/2022), herein incorporated by reference; no later amendments or editions are incorporated by reference. These rules are available for public inspection at the Colorado Department of Early Childhood, Office of Program Delivery, 710 S. Ash St., Denver, CO 80246 or at https://www.coloradosos.gov/CCR/Welcome.do. Copies of these rules are available for reasonable cost during normal business hours at the Colorado Department of Personnel and Administration – Division of Finance and Procurement, 1525 Sherman St., Denver, CO 80203.

The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards rules are located in 2 C.F.R. Part 200 (03/01/2023), herein incorporated by reference; no later amendments or editions are incorporated by reference. These regulations are available for public inspection at the Colorado Department of Early Childhood, Office of Program Delivery, 710 S. Ash St., Denver, CO 80246 or at www.ecfr.gov. Copies of these regulations are available for reasonable cost during normal business hours at the U.S. Department of Health and Human Services, 200 Independence Avenue, S.W., Washington, D.C. 20201.; and 4. Comply with the Colorado Information Security Act (section 24-37.5-401, et. seq., C.R.S.).

F. In the case of an Early Childhood Council that is an incorporated legal entity, including a nonprofit corporation, the entity itself may serve as the fiscal agent, in which case it is directly responsible for the obligations set out in rule section 1.304(E).

1.305 EARLY CHILDHOOD COUNCIL DUTIES AND DELIVERABLES This rule is promulgated pursuant to sections 26.5-1-105(1) and 26.5-2-206, C.R.S. A. Each Early Childhood Council is responsible for the following minimum duties and functions: 1. Apply for early childhood funding pursuant to section 26.5-2-207, C.R.S.; 2. Develop and execute a strategic plan that responds to local needs and conditions to increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for children and their parents;

3. Establish a local system of accountability to measure local progress based on the needs and goals set for program performance;

4. Report annually the results of the accountability measurements defined in the strategic plan;

5. Select a fiscal agent to disburse funds and serve as the employer of the Council Director, once hired;

6. Conduct a comprehensive evaluation and report, based on the strategic plan; and 7. Actively inform and include small or under-represented early childhood service providers in Early Childhood Council activities and functions.

10 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs B. Each Early Childhood Council shall submit and ensure that the state department has current record of the council governance structure, to include at minimum: 1. Early Childhood Council membership, to include the name and contact information for representatives from each of the mandatory stakeholder groups in rule section 1.304(A)(4);

2. An organizational chart or other description of its officer/leadership structure, including current officers;

3. The name and contact information for the Council Director, or, if none has been hired, an interim program contact employed by the fiscal agent;

4. The Early Childhood Council bylaws; and 5. An annual budget for developing a local early childhood system and infrastructure to improve and coordinate early childhood services.

C. Each Early Childhood Council shall develop, execute, and submit for state department compliance review, an up-to-date organizational strategic plan that: 1. Reflects the state department priorities and performance standards to increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for children and their parents;

2. Responds to the early childhood needs and conditions in the designated service area based upon a rigorous assessment; and 3. Sets measurable goals to increase and sustain quality, accessibility, capacity, and affordability of early childhood services for children and their parents. D. The strategic plan shall be developed at least once every five (5) years and include, at minimum: 1. A description of the long-term goals to be accomplished; 2. A description of the short-term objectives;

3. A description of the expected outcomes aligned with the goals and objectives; and 4. A definition of the data, tools and methods for tracking progress towards the goals, objectives, and expected outcomes.

E. Annually, each Early Childhood Council shall submit to the state department and its Early Childhood Council membership:

1. The current strategic plan; and 2. A written, comprehensive evaluation and report of its progress based on the strategic plan accountability metrics.

1.306 STATE DEPARTMENT FUNDING REQUIREMENTS This rule is promulgated pursuant to sections 26.5-2-204(5) and 26.5-2-207(2)(a), C.R.S. 11 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs A. To be eligible to receive infrastructure, quality improvement, technical assistance, and evaluation funding from the state department, an Early Childhood Council must: 1. Be properly convened; and meet the minimum service area and governance standards in rule sections 1.303 and 1.304; and 2. Submit strategic plan for compliance review in accordance with rule section 1.305© and (D).

B. Each Early Childhood Council seeking infrastructure, quality improvement, technical assistance, and evaluation funding shall submit an application to the state department that includes or describes:

1. The Council’s designated service area, as described in rule section 1.303; 2. The Council’s current membership, including proof of a Memorandum of Understanding signed by the members representing each mandatory stakeholder group, as set forth in rule section 1.304(A)(4);

3. The registered business name, certificate in good standing with the Colorado Secretary of State, and the D-U-N-S number for the designated fiscal agent; 4. The capacity to comply with state department data entry and data reporting requirements, as defined by the state department and other applicable funding stream requirements; 5. Current record of the council governance structure, as set forth in rule section 1.305(B); 6. The Council director’s signature; and 7. The Council’s strategic plan, in compliance with rule section 1.305© and (D). C. If an Early Childhood Council fails to maintain ongoing compliance with these funding requirements, including the requirement of a current strategic plan, the state department may deny its pending or immediately subsequent application for funding. D. Councils that have previously applied for and been denied funding by the state department may re-apply by showing current compliance with state requirements. E. Any Council may apply for a waiver of specific governance rules pursuant to rule section 1.304, upon a showing of substantial compliance and undue hardship. A Council shall submit any request for a waiver to the Early Childhood Leadership Commission, which shall consult with the state department on the request. The state department will grant such waivers upon recommendation by the Commission.

1.307 RULE WAIVER REQUEST This rule is promulgated pursuant to sections 26.5-1-105(1), 26.5-1-303(1)(d), and 26.5-2-207, C.R.S. A. A local Early Childhood Council may submit a rule waiver request to the Early Childhood Leadership Commission for any rule, that would prevent a Council from implementing council projects related to the minimum duties and functions defined in rule section 1.305(A). B. The Early Childhood Council submitting a waiver request is required to demonstrate that the waiver in question is necessary to support implementation of the Early Childhood Council projects related to the minimum duties and functions set forth in rule section 1.305(A). 12 CODE OF COLORADO REGULATIONS 8 CCR 1401-1 General Early Childhood Administration and Programs C. The waiver request shall be submitted in writing to the Early Childhood Leadership Commission Director.

_________________________________________________________________________ Editor’s Notes History New rule eff. 07/15/2023.

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