DEPARTMENT OF EARLY CHILDHOOD Preschool UNIVERSAL PRESCHOOL PROGRAM 8 CCR 1404-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 4.100 UNIVERSAL PRESCHOOL PROGRAM The Colorado Universal Preschool Program was established to provide high-quality, voluntary, preschool programming through a mixed delivery system for children throughout the state in the year preceding eligibility for kindergarten enrollment and to provide for additional preschool services for children who are in low-income families or who meet identified qualifying factors. The department intends to work with preschool program services providers to meet families’ needs, including for a half or full day program. 4.101 DEFINITIONS “Additional preschool services” means hours of preschool services provided to a child in the year preceding enrollment in kindergarten that are in addition to the universal preschool services the child receives.

“Children with disabilities” has the same meaning as provided in section 22-20-103, C.R.S. “Colorado universal preschool program” or “preschool program” means the program established within the department pursuant to section 26.5-4-204, C.R.S., and includes all participating preschool providers. “Department” means Colorado Department of Early Childhood. “ECEA” means the “Exceptional Children’s Educational Act”, Article 20 of Title 22, and its implementing rules.

“Eligible child” means a child who is eligible to receive preschool services as provided in section 26.5-4- 204 (3), C.R.S.

Federal Poverty Level” (FPL) or “Federal Poverty Guidelines” (FPG) refers to figures set by the federal government annually. These figures, based on gross monthly income levels for the corresponding household size, are included in the table in section 4.102.A. “Foster care home” has the same meaning as provided in section 26-6-903(10), C.R.S. “IDEA” means the federal “Individuals with Disabilities Education Act”, 20 U.S.C. SEC. 1400 ET SEQ., as amended, and its implementing regulations.

“Individualized Education Program” or “IEP” has the same meaning as provided in section 22-20-103(15), C.R.S.

1 CODE OF COLORADO REGULATIONS 8 CCR 1404-1 Preschool “Noncertified kinship care” means a child is being cared for by a relative or kin pursuant to 19-1-103(102), C.R.S., who has a significant relationship with the child in circumstances when there is a safety concern by a county department of human or social services and where the relative or kin has not met the foster care certification requirements for a kinship foster care home or has chosen not to pursue that certification process.

“Parent” has the same meaning as provided in section 22-20-103. C.R.S. “Qualifying factor” means a child or family circumstance, as identified by department rule pursuant to section 26.5-4-204, (4)(a)(II), C.R.S. that may negatively impact a child’s cognitive, academic, social, physical, or behavioral health or development.

“School District” means a school district organized pursuant to article 30 of title 22, C.R.S. that provides preschool services and is licensed pursuant to part 3 of article 5 of title 26.5, C.R.S. as a preschool provider; or a board of cooperative services organized pursuant to article 5 of title 22, C.R.S. that provides preschool services and is licensed pursuant to part 3 of article 5 of title 26.5, C.R.S. as a preschool provider.

“Universal preschool services” means ten hours of preschool services per week made available, at no charge, to children in the state during the school year preceding the school year in which a child is eligible to enroll in kindergarten.

4.102 PROGRAM PURPOSE A. For the 2023-24 school year and school years thereafter, families may enroll their children in preschool providers that receive funding through the preschool program. The purposes of the preschool program are:

1. To provide children in Colorado access to voluntary, high-quality, universal preschool services free of charge in the school year before a child is eligible to enroll in kindergarten;

2. To provide access to additional preschool services in the school year before kindergarten eligibility for children in low-income families and children who lack overall learning readiness due to qualifying factors;

3. To provide access to preschool services for children who are three years of age, or in limited circumstances younger than three years of age, and are children with disabilities, are in low-income families, or lack overall learning readiness due to qualifying factors; and 4. To establish quality standards for publicly funded preschool providers that promote children’s early learning and development, school readiness, and healthy beginnings. 4.103 ELIGIBILITY A. Children who are three years of age, or who reside in a community in which a school district operates a district preschool program with a waiver to serve children under three years of age, and children who are in the school year preceding the school year in which the child is eligible to enroll in kindergarten are eligible for preschool services if the child’s family is low income such that the child’s parent or guardian’s gross income is below 270% of the Federal Poverty Guideline (FPG):

2 CODE OF COLORADO REGULATIONS 8 CCR 1404-1 Preschool FAMILY SIZE 100% FEDERAL 270% FEDERAL POVERTY GUIDELINE POVERTY GUIDELINE (FPG) (FPG)

1 $1,132.50 $3,057.75 2 $1,525.83 $4,119.75 3 $1,919.17 $5,181.75 4 $2,312.50 $6,243.75 5 $2,705.83 $7,305.75 6 $3,099.17 $8,367.75 7 $3,492.50 $9,429.75 8 $3,885.83 $10,491.75 EACH ADDITIONAL PERSON $393.33 B. To be eligible for additional preschool services a child must meet one or more of the following qualifying factors:

1. Child is identified as low-income in accordance with section A above. 2. Child is a dual-language learner and the native language spoken in the child’s home is a language other than English, or the child’s native language is not English. 3. Child has an IEP.

4. Child is currently in the custody of a state supervised and county administered foster care home or in non-certified kinship care.

5. Child identified as homeless and lacks a fixed, regular, and adequate nighttime residence and at least one of the following:

a. Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; living in motels, hotels, or camping grounds due to the lack of alternative accommodations; living in emergency or transitional shelters; b. Has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; c. Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; or, d. Is a child who is migratory who qualifies as homeless for the purposes of this subtitle because the child is living in circumstances described in this definition A through C.

_________________________________________________________________________ Editor’s Notes History New rule emer. rule eff. 09/29/2022.

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