2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 1 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-1-401) › Part 1 - DEPARTMENT OF EARLY CHILDHOOD (§§ 26.5-1-101 — 26.5-1-117) › Section 26.5-1-105 - [Effective 8/7/2024] Powers and duties of the executive director - rules - rules advisory council - repeal

(1)
(a)
The executive director is authorized to promulgate, in accordance with the "State Administrative Procedure Act", article
4
of title
24
, all rules for the administration of the department and for the execution and administration of the functions specified in section
26.5-1-109
and for the programs and services specified in this title 26.5. In promulgating rules, the executive director shall, to the greatest extent possible:
(I)
Reduce the administrative burden on families and providers of accessing programs and services, implementing programs, and providing services;
(II)
Decrease duplication and conflicts in implementing programs and providing services;
(III)
Increase equity in access to programs and services and in child and family outcomes;
(IV)
Increase administrative efficiencies among the programs and services provided by the department; and
(V)
Ensure that the rules are coordinated across programs and services so that programs are implemented and services are provided with improved ease of access, quality of family and provider experience, and ease of implementation by state, local, and tribal agencies.
(b)
The department may adopt guidelines and procedures to assist in the implementation and delivery of the programs and services that the department provides pursuant to this title 26.5. When appropriate to reduce potential administrative burden, the department may differentiate in the adopted guidelines and procedures among communities, including communities in rural areas, based on community capacity and readiness for implementing programs and delivering services.
(c)
This subsection (1) is repealed, effective September 1, 2031. Before the repeal, this subsection (1) is scheduled for review in accordance with section
24-34-104
.
(2)
(a)
The executive director shall convene a rules advisory council for consultation and advice in promulgating rules for the functions, programs, and services that the department provides. The executive director shall appoint the members of the rules advisory council, taking into consideration a list of nominees provided by the early childhood leadership commission pursuant to this subsection (2)(a). To ensure that the council is representative and collaborative and embodies a wide range of perspectives and experience with regard to early childhood and family support programs and services, the early childhood leadership commission shall conduct outreach to a wide range of early childhood industry organizations and partners and shall publicly solicit applications from qualified and interested individuals to serve on the council. In addition to soliciting applications, the early childhood leadership commission shall consult with parents and with counties, county human services directors, school districts, providers, and the organizations that represent these entities and shall accept nominations from said organizations. Based on the applications and nominations received, the early childhood leadership commission shall submit to the executive director a list of nominees for consideration as appointments to the council. To the extent practicable, the list of nominees must include nominees that satisfy the requirements specified in subsections (2)(b), (2)(c), and (2)(d) of this section. The early childhood leadership commission shall submit a list of nominees to the executive director as provided in this subsection (2)(a) for the initial and subsequent appointments to the council.
(b)
The executive director shall appoint fifteen persons, taking into consideration the list of nominees received from the early childhood leadership commission, to serve on the council, which appointments must include at least one person from each of the following categories:
(I)
Representatives from programmatically diverse communities, including:
(A)
A representative from a school-based preschool provider;
(B)
A representative from a private early childhood provider, who may be a head start program or in-home child care provider; and
(C)
A representative who provides child care as a nonparental family member, friend, or neighbor;
(II)
Representatives of county departments, as defined in section
26.5-4-103
, in diverse geographic areas of the state who are knowledgeable of and responsible for implementing child protection programs and the Colorado child care assistance program and have expertise in fiscal matters for county departments. Notwithstanding any provision of this subsection (2)(b) to the contrary, the executive director shall appoint at least two persons from the category described in this subsection (2)(b)(II).
(III)
A representative of a foundation, business, or early childhood advocacy organization;
(IV)
A representative who is an expert in the funding for and rules and federal regulations concerning early childhood and family support programs and services, including the laws, rules, and regulations pertaining to children with disabilities;
(V)
A representative of institutions of higher education; and
(VI)
An early childhood health-care or mental health-care professional.
(c)
At least eight of the members appointed to the council must be included in one or more of the following categories:
(I)
Parents, families, or caregivers of children who are enrolled in a variety of school- and community-based preschool programs and public and private early childhood programs;
(II)
Members of the early childhood workforce, including educators in school- and community-based programs; and
(III)
Members of historically underserved and under-resourced communities.
(d)
In appointing members of the council, the executive director shall ensure that the appointed members are from regions throughout the state, including urban, suburban, and rural areas, and, to the extent practicable, are diverse with regard to race, ethnicity, immigration status, age, sexual orientation, gender identity, culture, and language.
(e)
Members of the council are appointed to serve four-year terms and may serve two consecutive terms; except that, of the members initially appointed to the council, the executive director shall appoint five members to serve two-year terms, five members to serve three-year terms, and five members to serve four-year terms. If a vacancy arises on the council, the executive director shall appoint a person to fill the vacancy for the remainder of the unexpired term.
(f)
The executive director may create issue-specific subcommittees of the council that must include members of the council and may include representatives from other state agencies, representatives of local and tribal agencies or other local leaders in early childhood and family support issues, and issue experts.
(g)
There is created a county subcommittee of the rules advisory council to provide information and advice to the council concerning the development and implementation of early childhood and family support programs that impact county departments, as defined in section
26.5-4-103
, including the Colorado child care assistance program. The subcommittee consists of representatives from up to twelve county departments, appointed by a statewide association of human services directors. The appointees must be representative of the diversity of counties in the state, including large and small and urban and rural counties. In addition to providing information and advice to the council, the county subcommittee, to promote coordination and alignment of programs and services, shall provide information and advice to the policy advisory committee that advises the department of human services.
(h)
(I)
The council shall meet as often as requested by the executive director. Except as otherwise provided in subsection (2)(h)(II) of this section, a member of the council and a non-council member who serves on a subcommittee may receive the same per diem compensation for attendance at council or subcommittee meetings as is provided for members of boards and commissions pursuant to section
12-20-103 (6)
and reimbursement for any expenses necessary to support the member's participation at a council or subcommittee meeting, including any required dependent or attendant care and, if the member resides more than fifty miles from the location of the council or subcommittee meeting, expenses incurred in traveling to and from the meeting, including any required dependent or attendant travel, food, and lodging.
(II)
A member of the council or of a subcommittee shall not receive reimbursement for expenses or per diem compensation if the member's employer compensates the member for time spent serving on the council or the subcommittee.
(i)
In reviewing and making recommendations concerning rules and in preparing other recommendations for the executive director, the council shall strive to develop recommendations that are detailed and measurable and consider the impacts on children, parents, families, providers, school districts, counties, and local coordinating organizations. The council must approve recommendations by a majority vote and provide those recommendations to the executive director in writing. Members of the council voting in the minority may submit a written explanation of their opposition to the recommendations to the executive director.
(j)
Before promulgating a rule, the executive director shall solicit feedback from and consider the recommendations of the council. If the executive director decides not to follow the recommendations of the council with regard to a rule, the executive director shall provide a written explanation of the rationale for the decision.
(k)
The council is a state public body for purposes of the open meetings law specified in section
24-6-402
and is subject to the requirements of the "Colorado Open Records Act", part 2 of article
72
of title
24
.
(l)
This subsection (2) is repealed, effective July 1, 2032. Before the repeal, this subsection (2) is scheduled for review in accordance with section
2-3-1203
.
Amended by 2024 Ch. 253,§ 2, eff. 8/7/2024.
Added by 2022 Ch. 123, §2, eff. 4/25/2022.
2024 Ch. 253, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.