2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 4 - CHILD CARE AND EDUCATION (§§ 26.5-4-101 — 26.5-4-403) › Part 2 - COLORADO UNIVERSAL PRESCHOOL PROGRAM (§§ 26.5-4-201 — 26.5-4-211) › Section 26.5-4-209 - Preschool programs cash fund - created - use - repeal

(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)
The department may use money appropriated from the preschool programs cash fund for the administrative costs of local coordinating organizations.
(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)
(a)
(I)
On September 1, 2023, the state treasurer shall transfer twenty-three million six hundred fifty thousand dollars from the unexpended and unencumbered money in the preschool programs cash fund to the proposition EE refund cash fund created in section
39-28-503
.
(II)
Notwithstanding subsection (6)(a)(I) of this section, if there is less than twenty-three million six hundred fifty thousand dollars of unexpended and unencumbered money in the preschool programs cash fund as of September 1, 2023, the state treasurer shall transfer to the proposition EE refund cash fund created in section
39-28-503
:
(A)
From the preschool programs cash fund, the balance of the unexpended and unencumbered money in the preschool programs cash fund; and
(B)
From the general fund, an amount equal to the difference between twenty-three million six hundred fifty thousand dollars and the amount the state treasurer transfers pursuant to subsection (6)(a)(II)(A) of this section.
(III)
This subsection (6)(a) is repealed, effective July 1, 2024.
(b)
[Repealed by 2024 amendment.]
(c)
On April 1, 2024, the state treasurer shall transfer three million two hundred seventy-five thousand dollars from the unexpended and unencumbered money in the preschool programs cash fund to the information technology capital account in the capital construction fund created in section 24-75-302 (3.7). This subsection (6)(c) is repealed, effective February 1, 2025.
Amended by 2024 Ch. 92,§ 1, eff. 4/18/2024.
Amended by 2024 Ch. 11,§ 2, eff. 2/27/2024.
Amended by 2023 Ch. 94,§ 2, eff. 8/7/2023.
Amended by 2023 Ch. 337,§ 2, eff. 6/2/2023 (approved by voters in 11/7/2023 election).
Added by 2022 Ch. 123, §3, eff. 7/1/2022.