Colorado § 26.5-4-209 - Preschool programs cash fund - created - use.

§ 26.5-4-209. Preschool programs cash fund - created - use.

(1) (a) The preschool programs cash fund is created in the state treasury. The fund consists of money credited to the fund pursuant to section 24-22-118 (2), money transferred to the fund pursuant to section 39-28-116 (6), and any additional money the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the preschool programs cash fund to the fund. The general assembly shall annually appropriate money in the preschool programs cash fund to the department to implement the preschool program.

(b) (Deleted by amendment, L. 2023.)

(2) In addition to the money appropriated from the fund, the department may seek, accept, and expend public and private gifts, grants, and donations to implement the preschool program.

(3) (a) The department shall prioritize the use of money appropriated from the preschool programs cash fund to provide funding for ten hours of voluntary preschool services per week, at no charge, to Colorado children during the school year preceding the school year in which a child is eligible to enroll in kindergarten, to provide funding for preschool services for children with disabilities, and to provide funding for preschool services for eligible children who are three years of age or younger as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV).

(b) The department may use the remaining money annually appropriated from the preschool programs cash fund after the uses described in subsection (3)(a) of this section to provide additional preschool services for children who are in low-income families or who meet at least one qualifying factor.

(4) In furtherance of the purposes set forth in subsection (3) of this section and to meet an expansion of preschool populations, in addition to the use described in subsection (3)(b) of this section, the department may use the remaining money annually appropriated from the preschool programs cash fund after meeting the uses described in subsection (3)(a) of this section to ensure the availability of quality, voluntary preschool services provided through a mixed delivery system by means the department deems appropriate, including:

(a) Recruiting, training, and retaining early childhood education professionals;

(b) Expanding or improving the staff, facilities, equipment, technology, and physical infrastructure of preschool providers to increase preschool access;

(c) Parent and family outreach to facilitate timely and effective enrollment; and

(d) Such other uses as are consistent with and further the purpose of the preschool program.

(5) After ensuring the delivery of direct services for eligible children, the department may use money appropriated from the preschool programs cash fund for the administrative costs incurred by early childhood councils that are directly related to the delivery of preschool services.

(5.5) The general assembly shall not appropriate the full balance of the preschool programs cash fund prior to the start of a state fiscal year. The unappropriated balance in the preschool programs cash fund at the start of the fiscal year is the reserve. The department may submit a request for a supplemental appropriation from the preschool programs cash fund reserve to the joint budget committee pursuant to section 2-3-208 (3)(a) and (3)(b)(II).

(6) Repealed.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 706, § 3, effective July 1. L. 2023: (6) added, (HB 23-1290), ch. 337, p. 2023, § 2, effective June 2; (1) amended, (SB 23-216), ch. 94, p. 353, § 2, effective August 7. L. 2024: (6)(a)(III) and (6)(c) added and (6)(b) repealed, (HB 24-1215), ch. 11, p. 25, § 2, effective February 27; (3)(b) and IP(4) amended and (5.5) added, (HB 24-1387), ch. 92, p. 298, § 1, effective April 18. L. 2026: (5) amended, (SB 26-019), ch. 104, p. 427, § 22, effective May 5.

Editor's note: (1) The provisions of this section are similar to several provisions of former section 24-22-118 (3) as they existed prior to 2022. For a detailed comparison, see the comparative tables located in the back of the index.

(2) Subsection (6)(a)(III) provided for the repeal of subsection (6)(a), effective July 1, 2024. (See L. 2024, p. 25.)

(3) For the amendments to subsection (6)(a)(III) in HB 24-1215 in effect from February 27, 2024, to July 1, 2024, see chapter 11, Session Laws of Colorado 2024. (L. 2024, p. 25.)

(4) Subsection (6)(c) provided for the repeal of subsection (6)(c), effective February 1, 2025. (See L. 2024, p. 25.)

Cross references: For the legislative declaration in HB 23-1290, see section 1 of chapter 337, Session Laws of Colorado 2023.