Colorado § 26.5-1-112 - Transition review - program review - report - repeal.

§ 26.5-1-112. Transition review - program review - report - repeal.

(1) (a) The department shall enter into an agreement with a public or private entity to act as an independent evaluator of the department's performance in executing the functions identified in section 26.5-1-109 and in operating programs and providing services associated with those functions in accordance with this title 26.5. The independent evaluator shall complete a review of the operations of the department and the programs that transition from the department of human services and the department of education to the department. At a minimum, in conducting the review, the independent evaluator shall evaluate and make recommendations concerning:

(I) Whether the department operates the programs and provides the services efficiently and ensures that the programs and services are:

(A) Child, family, and community centered and serve the whole child and whole family;

(B) Equity driven;

(C) Focused on and accountable for achieving identified outcomes and making data-driven, outcome-based decisions;

(D) Meeting high-quality standards;

(E) Serving and supporting the early childhood workforce;

(F) Supporting a mixed delivery system of school- and community-based preschool programs and supporting child care providers; and

(G) Coordinated with other supports and services for families that are not operated by the department, including food assistance, cash assistance, and health care;

(II) The effectiveness and efficiency of the governance structure and organization of the department, including whether to create a type 1 policy board within the department to be appointed by the governor with the consent of the senate and transfer rule-making authority and oversight of the department from the executive director to the policy board;

(III) The cross-agency agreements with other departments that operate early childhood and family support programs and services and the effectiveness of the agreements in seamlessly providing said programs and services;

(IV) The impact of the implementation of the Colorado universal preschool program pursuant to part 2 of article 4 of this title 26.5 on the number of children served by the Colorado child care assistance program pursuant to part 1 of article 4 of this title 26.5. The independent evaluator shall evaluate this issue in consultation with county departments, as defined in section 26.5-4-103.

(V) Whether the programs that the department operates were appropriate for transition or would be better operated in another department pursuant to a cross-agency agreement.

(b) The independent evaluator, in coordination with the departments of education, human services, public health and environment, and health care policy and financing, shall review the programs and services pertaining to early childhood that were not transferred to the department, including the federal law and regulations pertaining to those programs and services, to determine whether the programs and services should be transferred to and operated by the department.

(c) No later than November 1, 2025, the independent evaluator shall submit a report concerning the review of operations pursuant to subsection (1)(a) of this section and the review of the transfer of additional programs and services pursuant to subsection (1)(b) of this section to the department; the governor; the early childhood leadership commission; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees.

(d) In conducting the reviews and making recommendations pursuant to this subsection (1), the independent evaluator shall solicit input through a process that includes participation by the populations served by the programs; the providers and members of the workforce working in the programs; state, local, and tribal agencies involved in implementing the programs; and any other relevant experts.

(2) (a) The department, in collaboration with the departments of education, higher education, human services, public health and environment, and health care policy and financing, shall prepare an annual report concerning the progress made and challenges encountered by the department of early childhood in transitioning and implementing programs and providing services and by the departments as a group in implementing cross-agency collaboration related to, at a minimum:

(I) Administration of part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and coordination with the department of education of the transition of children from part C to part B as agreed to in the interagency operating agreement described in section 26.5-3-404 (3) between the department and the department of education;

(II) Implementation of the memorandum of understanding described in section 26.5-4-206 between the department and the department of education concerning administration of special education services for children prior to kindergarten, specifically implementation of part B, section 619, and part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended;

(III) Administration of the child and adult care food program in collaboration with programs administered by the department;

(IV) Administration of the supplemental nutrition program for women, infants, and children in collaboration with programs administered by the department;

(V) Operation of early childhood and family support programs and services that the department administers, including, at a minimum, data concerning the children and families served and the use, availability, and capacity of programs throughout the state;

(VI) Interaction of early childhood care, learning, and supports with the public kindergarten and elementary education system to ensure children enter kindergarten ready to learn and are behaviorally and academically successful;

(VII) Alignment of the operation of early childhood programs and services with the child welfare system operated by the department of human services and local agencies; and

(VIII) The use of public funding to support child care.

(b) The department shall submit the report prepared pursuant to subsection (2)(a) of this section as part of the presentation made to a joint committee of reference pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, in the 2023 regular legislative session and annually thereafter. In addition, the department shall annually submit the report to the governor; the early childhood leadership commission; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (2) continues until repealed pursuant to subsection (2)(c) of this section.

(c) This subsection (2) is repealed, effective September 1, 2028.

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 580, § 2, effective April 25. L. 2026: (1)(d) amended, (SB 26-019), ch. 104, p. 424, § 14, effective May 5.