2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 2 - LOCAL INFRASTRUCTURE - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-2-101 — 26.5-2-209) › Part 1 - LOCAL COORDINATING ORGANIZATIONS (§§ 26.5-2-101 — 26.5-2-105) › Section 26.5-2-105 - Department duties - coordinator agreements - review

(1)
To support and provide oversight for the statewide system of local coordinating organizations, the department shall:
(a)
Select entities to serve as local coordinating organizations in communities throughout the state as provided in section
26.5-2-103
;
(b)
Enter into a coordinator agreement with each local coordinating organization that is partially based on the community plan and that specifies the respective duties of the local coordinating organization and the department in implementing the community plan and in meeting the requirements specified in this part 1, in part 2 of article
4
of this title 26.5 concerning the Colorado universal preschool program, and in department rule. The coordinator agreements are not subject to the requirements of the "Procurement Code", articles
101
to
112
of title
24
. The term of the initial coordinator agreement for a local coordinating organization is three years, and subsequent coordinator agreements must have terms of at least three but not more than five years, as determined by the department. The coordinator agreement, at a minimum, must include:
(I)
Expectations, targets, and benchmarks, in alignment with statewide goals for the provision of early childhood and family support programs and services in Colorado, that the local coordinating organization is expected to meet in implementing the community plan and how the department and the local coordinating organization will measure success in meeting the expectations, targets, and benchmarks;
(II)
If the local coordinating organization is a preschool provider, expectations that the local coordinating organization must meet in ensuring the availability of a mixed delivery system within the community that supports equitable parent choice and in ensuring that the organization is not unfairly advantaged in allocating funding among preschool providers based on parent choice;
(III)
Expectations that the local coordinating organization must meet with regard to coordinating with entities within the community, including the entities specified in section
26.5-2-103 (2)(c)
;
(IV)
The amount of administrative costs that the local coordinating organization receives from the department and other identified sources during the term of the coordinator agreement; and
(V)
The manner in which the local coordinating organization will provide accountability and transparency concerning the amount and payment of administrative expenses and, if the local coordinating organization is distributing or administering public money, the distribution and use of the public money.
(c)
Review and approve the community plan created by each local coordinating organization, including revisions of the community plan, as provided in section
26.5-2-104 (1)
. Before approving a community plan, the department may return the plan to the local coordinating organization with changes to ensure the community plan is feasible, meets the requirements specified in section
26.5-2-104 (1)
, and is aligned with the statewide goals for the provision of early childhood and family support programs and services in Colorado.
(d)
Distribute and administer public funding for early childhood and family support programs and services in accordance with community plans and in coordination with local and tribal agencies, when applicable; except that the department may delegate all or a portion of the responsibility for distributing and administering public funding to a local coordinating organization through the organization's coordinator agreement;
(e)
Support local coordinating organizations by providing funding, training and technical assistance, which may be provided online, and, upon request, collaborative support and assistance in implementing the community plans. The department shall prioritize communities, including rural communities, that lack funding and capacity to receive the funding and supports described in this subsection (1)(e).
(f)
Review the operations of each local coordinating organization, including the local coordinating organization's compliance with the coordinator agreement and implementation of the community plan, as provided in subsection (3) of this section; and
(g)
Identify successful strategies and innovations implemented by local coordinating organizations throughout the state and provide information, including by posting information on the department website, to assist local coordinating organizations in replicating and adapting the strategies and innovations in their communities.
(2)
Notwithstanding the requirements imposed on local coordinating organizations pursuant to section
26.5-2-104 (2)
, if necessary to enable an organization to develop its capacity to serve as a local coordinating organization, the department may specify in the organization's coordinator agreement the degree to which the organization must meet the requirements specified in section
26.5-2-104 (2)
, with the expectation that the organization must fully meet the requirements within a reasonable time, as determined by the department.
(3)
(a)
The department shall implement a review process established in department rule by which the department at least annually reviews the performance of each local coordinating organization in serving its community, including implementing the approved community plan; fulfilling the duties specified in section
26.5-2-104
, including providing a mixed delivery system of preschool providers; and complying with the coordinator agreement. In implementing the review process, the department shall, at a minimum:
(I)
Collaborate with the local coordinating organization to establish in the coordinator agreement expectations, targets, and benchmarks for implementing the approved community plan to ensure the plan is implemented with fidelity and the local coordinating organization is making progress toward achieving the statewide goals for the provision of early childhood and family support programs and services set by the department;
(II)
Measure the local coordinating organization's attainment of the expectations, targets, and benchmarks and recommend improvements and changes, including revisions to the community plan, as appropriate, to assist the local coordinating organization in improving performance;
(III)
Ensure that the local coordinating organization is complying with the requirements specified in the coordinator agreement and with statutory and regulatory requirements and department guidelines, including requirements and guidelines concerning distribution and administration of funding, if the local coordinating organization is responsible for distributing and administering funding, and data collection and sharing, in implementing the approved community plan and overseeing and coordinating early childhood and family support programs within the community; and
(IV)
Solicit input from families, providers, members of the early childhood workforce, local and tribal agencies, local governments, the entities specified in section
26.5-2-103 (2)(c)
, and other interested persons within the community concerning the performance of the local coordinating organization.
(b)
If the department at any time determines that the local coordinating organization is not meeting the requirements of the coordinator agreement or is not performing at the level required to successfully implement the community plan and to ensure that the community substantially meets local and statewide goals for the provision of early childhood and family support programs and services, the department may terminate the local coordinating organization's coordinator agreement and implement the application process for selecting a new local coordinating organization for the community as provided in section
26.5-2-103
.
(c)
The department and a local coordinating organization may, at any time, amend the coordinator agreement or the community plan to change the role of the local coordinating organization or other aspects of the oversight of early childhood and family support programs and services within the community.
(4)
(a)
For any area within the state for which a local coordinating organization is not selected or for which the local coordinating organization is not fully capable of implementing all aspects of the community plan, the department shall work with the local coordinating organization, if any, and the families, providers, local governments, and local and tribal agencies in the area, as necessary, to oversee and coordinate the availability and provision of early childhood and family support programs and services within the area until such time as a local coordinating organization is selected or is deemed capable of implementing all aspects of the community plan. At a minimum, the department shall:
(I)
Assist families in applying for early childhood and family support programs and services and in enrolling children with early care and education providers;
(II)
Ensure, to the extent practicable, that an equitable mixed delivery system of preschool providers is available within the area, which may include contracting with providers for the delivery of preschool services;
(III)
Combine and coordinate child care resources and funding, in coordination with local and tribal agencies, in order to create a full day of services for as many children as possible; and
(IV)
Allocate, distribute, and administer state funding and coordinate with local and tribal agencies and local governments to allocate, combine, and distribute local funding for early childhood and family support programs and services within the area.
(b)
The department may enter into an agreement with the local coordinating organization for another community to assist in fulfilling the duties described in subsection (4)(a) of this section.
(c)
In an area identified pursuant to subsection (4)(a) of this section, the department shall provide training, assistance, and funding to entities in the area, which may include local and tribal agencies, local governments, and nonprofit organizations, to develop the capacity for one or more of the entities to serve as the local coordinating organization for the area. As soon as practicable, the department shall solicit applications as provided in section
26.5-2-103
for an entity to serve as the local coordinating organization for the area.
(5)
The executive director shall establish by rule a process by which an applying entity that is not selected to act as a local coordinating organization, or a local coordinating organization for which the coordinating agreement is terminated, may appeal the decision of the department.
Added by 2022 Ch. 123, §3, eff. 4/25/2022.