Colo. Rev. Stat. § 26.5-3-801, Legislative declaration

(1) The general assembly finds and declares that:

(a) Colorado's economic recovery depends on its workforce having access to stable, high-quality, and affordable child care. Supporting the ability of Colorado's workforce to return to work during and after the COVID-19 public health emergency is estimated to have an economic enabling effect of more than four billion four hundred million dollars in income.

(b) The COVID-19 public health emergency has significantly impacted Colorado's child care sector by reducing child care provider revenues while at the same time increasing expenses. Child care provider operating costs have increased to include additional daily cleaning, daily health monitoring, supplying personal protective equipment for child care workers, and lower staff-to-child ratios to allow for sufficient physical distancing.

(c) In Colorado, this additional cost burden has forced ten percent of the state's child care providers to close their doors since March 2020. Almost three-quarters of all child care providers indicate they have or will engage in layoffs, furloughs, or pay cuts. For minority-owned or operated child care providers, this figure is even higher. More than twenty-five percent of existing child care providers report that closure is imminent without some kind of financial intervention.

(d) Child care providers generate revenue primarily through enrollment and tuition fees and the business model depends on full enrollment;

(e) At every stage of the COVID-19 public health emergency, parents have been faced with the difficult choice to pull their children from child care, either due to health concerns or because the economic recession has impacted their ability to afford it. Statewide, enrollment in child care for children less than five years of age has decreased by thirty-nine percent since the COVID-19 public health emergency began.

(f) Colorado faces other ongoing threats to the child care sector's sustainability, including high turnover and low pay in the child care profession, as well as the prohibitively expensive cost of opening and operating a child care program;

(g) More than half of Coloradans live in a child care desert, where there are more than three children less than five years of age for each single available child care opening. Some rural areas completely lack licensed child care providers. Statewide, Colorado faces a dramatic shortage of at least thirty-nine thousand spots for infants and toddlers.

(h) Most child care in Colorado is owned or operated by women, and more than forty percent of our child care workforce is composed of women of color. Furthermore, throughout the COVID-19 public health emergency, women of color have been more likely to be on the front lines as essential workers and are more likely to lose their jobs.

(i) Despite women's steadily increasing labor participation rates and earning trajectories over the past twenty-five years, the COVID-19 public health emergency threatens to set back a generation of progress. When women exit the workforce, they face more barriers than men do to return, and their future earning potential and path to retirement security suffers.

(j) Women have been disproportionately impacted by the COVID-19 public health emergency: Almost one hundred seventy-nine thousand women left Colorado's labor force between February and May 2020, compared to eighty-eight thousand men. Nationally, four times as many women as men dropped out of the labor force in September 2020 alone. The impact of this trend on the United States' economy and the well-being of women and families is estimated to amount to approximately sixty-four million five hundred thousand dollars in lost income and economic activity.

(2) (a) Therefore, the general assembly finds it is a matter of statewide concern that we take immediate action to save and protect our child care infrastructure, including offering a wide range of child care options, including but not limited to public and private child care centers, day care centers, school-age child care centers, before- and after-school programs, nursery schools, kindergartens, preschools, church day care centers, day camps, summer camps, facilities for children with intellectual and developmental disabilities, and other facilities described in section 26.5-5-303. Supporting this mixed delivery of child care enables the state to invest in its children's futures, advance gender equity in the home and the workplace, and rebuild an economy that works for all Coloradans. When Colorado families have access to child care, everyone benefits.

(b) The general assembly further finds that, to assist the state's workforce in returning to work and maintaining employment without facing the difficult choice between working and accessing quality child care, it is critical that the state allocate and quickly distribute funding to existing and new child care providers throughout the state and that such actions constitute critical government services.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 644, � 3, effective July 1; (2)(b) amended, (SB 22-213), ch. 345, p. 2462, � 1, effective July 1.

Editor's note: This section is similar to former � 26-6-801 as it existed prior to 2022.

26.5-3-802. Child care sustainability grant program - created - timeline and criteria - grant awards - funding - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Child care provider means a child care center, as defined in section 26.5-5-303, or a family child care home, as defined in section 26.5-5-303, that holds an open license in good standing with the department.

(b) Eligible entity means a licensed child care provider or a neighborhood youth organization, as defined in section 26.5-5-303, that is open and operating.

(d) Open and operating means an eligible entity that is actively providing services or care for children and that has updated its operational status with the division within the department that is responsible for child care licensing and administration.

(2) The child care sustainability grant program is created in the department. The purpose of the grant program is to address the extent to which reduced enrollment and increased costs are impacting the sustainability of licensed child care in Colorado, including licensed child care capacity and quality level. The grant program will provide financial support to eligible entities, including those that are in danger of closing.

(3) The department shall create a process for soliciting, vetting, awarding, and monitoring grants, pursuant to the sole source procurement authority specified in section 24-103-205.

(4) (a) The department shall develop a formula to allocate money from the grant program to all eligible entities. The key criteria for a grant award to an eligible entity is the eligible entity's licensed child care capacity. In determining grant awards, the department shall also take into consideration the criteria set forth in subsection (4)(b) of this section. The department is responsible for communicating important dates and the criteria for grant awards to eligible entities in the state.

(b) The department shall consider, at a minimum:

(I) Awarding grants to a wide array of eligible entities of varying types and sizes;

(II) Ensuring that the grant money goes directly to eligible entities located in a variety of regions throughout the state;

(III) Requiring that the eligible entity has provided written commitment to submit any reports required by the department;

(IV) Supporting, as much as possible, eligible entities that are not already fully supported through existing state or federal funds, such as the head start program, as defined in section 26.5-4-103; and

(V) Considering an eligible entity's quality rating through the Colorado shines system, established in section 26.5-5-101.

(5) The department shall determine grant award amounts for eligible entities as soon as possible.

(6) For the 2022-23 state fiscal year, the general assembly shall appropriate to the department fifty million dollars from federal funds for child care development funds for the purposes of implementing the grant program. The money appropriated in this subsection (6) is not subject to the requirements of the Procurement Code, articles 101 to 112 of title 24. Any money appropriated pursuant to this subsection (6) remains available for expenditure until the close of the 2023-24 state fiscal year.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 645, � 3, effective July 1; (6) added, (SB 22-213), ch. 345, p. 2462, � 2, effective July 1.

Editor's note: This section is similar to former � 26-6-802 as it existed prior to 2022.

26.5-3-803. Emerging and expanding child care grant program - created - timeline and criteria - grant awards - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) Child care center has the same meaning as set forth in section 26.5-5-303.

(b) Child care desert means a community or area in the state where there are more than three children less than five years of age for each single available child care slot.

(c) Child care provider or provider means a child care center or a family child care home that holds an open license in good standing with the department.

(d) Early childhood council means an early childhood council identified or established locally in communities throughout the state pursuant to section 26.5-2-203.

(e) Eligible entity means a licensed child care provider that is open and operating or an applicant actively pursuing a child care provider license through the department's child care licensing and administration unit. Eligible entity includes family, friends, or neighbors who provide license-exempt child care pursuant to part 3 of article 5 of this title 26.5 but who are actively obtaining a license through the division within the department that is responsible for child care licensing and administration.

(f) Expansion means licensed child care capacity expansion, by any means, for an existing licensed child care provider.

(g) Family child care home has the same meaning as set forth in section 26.5-5-303.

(h) Grant program means the emerging and expanding child care grant program created in subsection (2) of this section.

(h.5) Grant recipient means an eligible entity that receives a grant through the grant program.

(i) Open and operating means a child care provider that is actively providing care for children and that has updated its operational status with the department's child care licensing and administration unit.

(2) (a) The emerging and expanding child care grant program is created in the department. The purpose of the grant program is to expand access and availability of licensed child care throughout the state.

(b) An award from the grant program may be used for costs associated with expanding an open and operating child care center or family child care home or to assist an eligible entity with start up of a new child care center or family child care home. Costs may include, but are not limited to, staff training, background check fees, cleaning supplies, educational supplies, and capital and facility improvement costs.

(3) (a) The department shall create a process for soliciting, vetting, awarding, and monitoring grants through statewide early childhood councils.

(b) To the extent practicable, early childhood councils may receive up to twenty-five percent of funding in advance in order to effectively administer grant funds and maintain business operations. The department shall offer technical assistance to applicants with their applications and grant recipients with implementation of their awards. The technical assistance may be offered to all eligible entities, as defined in subsection (1) of this section, and family, friend, and neighbor providers, as defined in section 26.5-3-808. The department may also provide a grant recipient with a separate grant for technical assistance to implement the goals of the recipient's grant.

(4) (a) The department shall develop an application process for an eligible entity to follow when requesting a grant from the grant program. The application must include the award criteria set forth in subsection (4)(c) of this section and any applicable timelines established by the department. The department shall award grants to an eligible entity based on the eligible entity's need as well as the application criteria set forth in subsection (4)(c) of this section.

(b) A grant award must range from at least three thousand dollars to no more than two hundred thousand dollars. In awarding a grant, the department shall use the applicant's existing or proposed licensed child care capacity, as well as the applicant's need, as key criteria in determining the amount of the grant award and shall prioritize making multiple smaller grant awards.

(c) In determining grant awards, the department shall consider eligible entities located in a child care desert. The department shall also consider eligible entities that have or are actively pursuing:

(I) A fiscal agreement with the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5;

(II) A commitment to engaging in quality improvement activities through the Colorado shines system, established in section 26.5-5-101;

(III) A memorandum of understanding in place with their early childhood council to ensure support from the council; and

(IV) An application to the division within the department that is responsible for child care licensing and administration and are working with their licensing specialist to determine capital or facility improvement or expansion needs and opportunities.

(d) Eligible entities that are applying for a grant award shall:

(I) Provide assurance to the department that zoning, fire, and, if applicable, health approval are underway prior to receiving grant funding; and

(II) Provide a written commitment to submit any reports required by the department to demonstrate progress toward successful licensing or expansion through the division within the department that is responsible for licensing and administration.

(5) On or before January 31, 2021, or as soon as practicable after December 7, 2020, the department shall begin the grant award process to eligible entities.

(6) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate sixteen million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing the grant program. Of this amount, up to two million two hundred thousand dollars shall be made available to early childhood councils, as defined in section 26.5-2-202, in support of the grant program. The department may reimburse an early childhood council up to ten percent of the grant amount for allowable administrative costs of the grant program.

(b) Money spent pursuant to this subsection (6) must conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as amended. The department must either spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(c) The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(d) This subsection (6) is repealed, effective September 1, 2027.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 647, � 3, effective July 1; (1)(h.5) and (6) added and (3) and (4)(c)(II) amended, (SB 22-213), ch. 345, p. 2463, � 3, effective July 1; (6)(b) amended, (HB 22-1411), ch. 271, p. 1960, � 17, effective July 1.

Editor's note: This section is similar to former � 26-6-803 as it existed prior to 2022.

26.5-3-804. Employer-based child care facility grant program - created - timeline and criteria - eligibility - grant awards - reports - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) Child care center has the same meaning as set forth in section 26.5-5-303.

(b) Child care desert means a community or area in the state where there are more than three children less than five years of age for each available child care slot.

(d) Grant program means the employer-based child care facility grant program created in subsection (2) of this section.

(2) There is created in the department the employer-based child care facility grant program. The purpose of the grant program is to provide eligible entities with money to construct, remodel, renovate, or retrofit a child care center on the site or near to the site of the eligible entity's property to provide licensed child care services to the eligible entity's employees, thus supporting the eligible entity's workforce participation and providing safe, stable, and quality care for the eligible entity's employees' children.

(3) The department shall solicit and review grant applications from eligible entities beginning on or before June 30, 2021, and every June 30 thereafter through June 30, 2024, and begin to award grants no later than September 1, 2021, and every September 1 thereafter through September 1, 2024. Each application must include, at a minimum:

(a) A business plan that includes:

(I) A description of the construction, renovation, remodeling, or retrofitting of a child care center on-site or near to the site of the eligible entity;

(II) A commitment to provide a financial match, as described in subsection (4) of this section;

(III) A description of how the eligible entity will address the particular child care needs among the eligible entity's employees, such as nontraditional-hour care or infant and toddler care;

(IV) A description of how the eligible entity will financially sustain the child care center beyond the grant period;

(V) The estimated total cost and budget for the construction, renovation, remodeling, or retrofitting of the child care center;

(VI) If the eligible entity leases the space to be renovated, remodeled, retrofitted, or have a new facility constructed on the property, a copy of a current, valid lease that contains specific authorizations from the property owner to make the requested alterations to the property or a written statement from the landlord expressing consent to the requested alterations;

(VII) Written assurance that the eligible entity will connect its employees to resources describing available public early childhood care and education assistance; and

(VIII) Any other components the department requires to adequately assess the grant application, including a commitment regarding the duration of time the eligible entity seeks to occupy the space to be renovated, remodeled, retrofitted, or constructed;

(b) Written assurance that the eligible entity will obtain a child care license pursuant to part 3 of article 5 of this title 26.5; and

(c) Written assurance that the employees of the eligible entity will have first priority for open slots at the child care center before those slots are offered to nonemployees.

(4) Eligible entities must provide a financial match to a grant award as follows:

(a) A for-profit employer shall provide a fifty percent match; and

(b) A nonprofit or government employer shall provide a twenty-five percent match.

(5) In determining grant awards for the grant program, the department shall consider applicants that might require waiver of child care licensing rules in the following areas:

(a) A location that prevents the applicant from offering child care programs on the ground floor; and

(b) A location that prevents the applicant from providing an outdoor space.

(6) In determining grant awards for the grant program, the department shall prioritize:

(a) Applicants that serve a high percentage of employees with wages below the area's median income;

(b) Applications with plans to meet the level four standard of the Colorado shines quality rating and improvement system, pursuant to section 26.5-5-101;

(d) Applications with a plan for innovative models, such as co-ops, hubs, or microcenters;

(e) Applicants with a plan to serve children in child care deserts or in regions with low child care capacity;

(f) Applicants with staff that represent or reflect the linguistic and cultural diversity of the families living or working in their community, including dual-language learners; and

(g) Applicants whose primary industry and area of business is other than child care.

(7) The department shall provide grantees with information and referrals to services that support implementation of quality care, including:

(a) Training for teachers and directors on quality child care, including linguistically and culturally competent care, child development, and program improvement; and

(b) Public early childhood assistance programs for families, including, but not limited to:

(I) Child care subsidies;

(II) Preschool and early childhood education assistance; and

(III) Child nutrition programs.

(8) On or before January 30, 2023, and on or before January 30, 2025, the department shall report progress on the grant program as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203. At a minimum, the report must include:

(a) The number of eligible entities that received a grant through the grant program;

(b) The number of children and families that received child care services as a result of the grants, reported in aggregate and by grantee;

(d) The Colorado shines quality rating of each grantee;

(e) Any innovative approaches that were used as a result of the grant program that may be replicated by other employers; and

(f) Any other relevant information about the grant program, including the industry type of the entity and geographic region served by the entity.

(8.5) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate ten million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section.

(b) The use of money appropriated pursuant to this subsection (8.5) must conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(d) This subsection (8.5) is repealed, effective September 1, 2027.

(9) This section is repealed, effective September 1, 2027.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 649, � 3, effective July 1; IP(3), IP(8), and (9) amended and (8.5) added, (SB 22-213), ch. 345, p. 2464, � 4, effective July 1. L. 2024: (8.5)(b) amended, (HB 24-1466), ch. 429, p. 2943, � 33, effective June 5.

Editor's note: This section is similar to former � 26-6-804 as it existed prior to 2022.

Cross references: For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

26.5-3-805. Early care and education recruitment and retention grant and scholarship program - created - criteria and eligibility - grant and scholarship awards - reports - funding - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) Early childhood educator means an individual who holds an early childhood professional credential or qualification.

(b) Eligible entity is any entity described in subsection (3) of this section.

(c) Program means the early care and education recruitment and retention grant and scholarship program created in subsection (2) of this section.

(2) There is created in the department the early care and education recruitment and retention grant and scholarship program. The department shall administer, directly or by contract, the program. The purposes of the program are to:

(a) Increase the number of individuals throughout the state who are qualified to serve as early childhood educators, including qualified multilingual and culturally competent educators, in programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 that serve children five years of age or younger; and

(b) Retain early childhood educators who are working in programs licensed by the department that serve children five years of age or younger.

(3) The department shall establish a process for eligible entities to apply for a grant that aligns with the purposes of the program. Entities that are eligible to apply for a grant from the program include, but are not limited to:

(a) Nonprofit entities that administer or plan to administer scholarship programs that are aligned with the purposes of the program;

(b) Early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 and that are serving children five years of age or younger; and

(c) Institutions of higher education that administer scholarship programs that are aligned with the purposes of the program.

(4) The executive director may promulgate rules regarding criteria, timelines, and the administration of the program pursuant to the requirements outlined in this section.

(5) The department shall seek and accept applications from eligible entities to award program grant money for eligible purposes. The department shall coordinate with the department of higher education to ensure effective administration of program grant money awarded to state public institutions of higher education. Eligible expenditures of grant or scholarship money by recipients include:

(a) Administration by a nonprofit entity of a scholarship program up to a fixed dollar amount or percentage of grant proceeds, as determined and published by the department;

(b) Payment of tuition, fees, and materials, including books and any other materials as determined by the department, for courses that lead to a degree or credential or for other formal training, any of which results in a recipient who was not qualified to become qualified as an early childhood educator in a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that serves children five years of age or younger;

(c) Payment of tuition, fees, and materials, including books and any other materials as determined by the department, for a recipient who is already credentialed as an early childhood educator for courses that lead to a degree or a higher level credential or for other formal training, any of which results in the recipient being eligible for a higher level credential in the department's professional development information system or a higher degree or qualification that results in longer retention of the recipient in a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that serves children five years of age or younger;

(d) Payment for costs associated with a credentialed early childhood educator earning a coaching, formal trainer, mentorship, or professional development certification that allows the early childhood educator to serve as a trainer or mentor of other current or potential early childhood educators pursuing programming that leads to a credential;

(e) Payments to licensed providers to cover paid release time for individuals, substitutes, and program costs to allow eligible individuals to pursue programs, course work, credentials, degrees, and other formal training that increases the number of qualified early childhood educators or retains current early childhood educators in child care programs licensed by the department pursuant to part 3 of article 5 of this title 26.5;

(f) Payments to licensed providers, schools, community colleges, institutions of higher education, early childhood councils, or other local nonprofit entities to cover the costs of grow-your-own programs that support current parents, staff, or local community members to meet qualifications to serve as an early childhood educator to complete appropriate programs, certifications, or training that results in participants being able to serve as qualified early childhood educators in child care programs licensed by the department pursuant to part 3 of article 5 of this title 26.5;

(g) Payments to licensed providers to cover the costs of promoting teachers to coaching and mentorship roles with the intent of increasing access to coaching and professional learning communities and to provide flexibility in scheduling for early childhood educators;

(h) Raises, bonuses, and other financial incentives, including loan forgiveness provided by licensed early childhood educator programs or through scholarship programs, for current or potential early childhood educators to reward progress toward qualifications that allow the individual to serve as an early childhood educator in an early child care and education program licensed by the department pursuant to part 3 of article 5 of this title 26.5, or to improve retention of early childhood educators in early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5; and

(i) Payments for registered apprenticeships for work-based learning opportunities for individuals interested in entering the field of early child care and education, serving children five years of age or younger, so that they can receive on-the-job training, classroom instruction, and financial rewards for gains in skills and earn credentials, credits, or higher education degrees. Any such apprenticeship program must create pathways into the early child care and education profession. The department, in consultation with the department of labor and employment, the department of higher education, and the department of education, shall:

(I) Define and establish eligibility criteria for eligible entities to receive money to implement apprenticeships;

(II) Establish program standards for formally recognized early childhood apprenticeship programs. These standards must address expectations for employer involvement; on-the-job training, credit, and credential attainment; ensuring the availability of relevant training and classroom instruction; rewards for skills gains; and support for local implementation; and

(III) Add monetary awards for the following uses of early childhood apprenticeships, as appropriate:

(A) Supporting existing apprenticeship programs or the creation of new apprenticeship programs by making money available to eligible entities;

(B) Supporting existing apprenticeship programs by expanding their reach to serve more apprentices;

(D) Money for the recruitment of mentor teachers;

(E) Incentives for program participants;

(F) Financial rewards for skills gained in the apprenticeship program;

(G) Incentives for department-licensed providers to participate in apprenticeships;

(H) Money to cover the costs of classroom training and instruction;

(I) Money to cover the costs of earning a credential; and

(J) Money to support on-the-job training.

(6) (a) As part of participating in the program, the department shall require each eligible entity, as described in subsection (3) of this section, that receives grant program money to report program outcomes to the department, as applicable, including, but not limited to, the increase, as a result of the program, in the number of individuals credentialed to teach or who receive a higher level credential to teach at early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 that serve children five years of age or younger, as well as information relating to retention of early childhood educators as a result of the program.

(b) So long as the department is awarding grant and scholarship money pursuant to this part 8, the department shall summarize and post, at least every two years, the information described in subsection (6)(a) of this section on the portion of the department's website relating to early childhood education.

(7) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate fifteen million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing the program. The money appropriated pursuant to this subsection (7) is not subject to the requirements of the Procurement Code, articles 101 to 112 of title 24. Five million dollars must be dedicated for home visiting workforce, early childhood mental health consultants, and early intervention providers.

(b) The use of money appropriated pursuant to this subsection (7) must conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(d) This subsection (7) is repealed, effective September 1, 2027.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 651, � 3, effective July 1; (7) added, (SB 22-213), ch. 345, p. 2464, � 5, effective July 1. L. 2023: (4) amended, (HB 23-1235), ch. 434, p. 2544, � 6, effective June 7. L. 2024: (7)(b) amended, (HB 24-1466), ch. 429, p. 2943, � 34, effective June 5.

Editor's note: This section is similar to former � 26-6-805 as it existed prior to 2022.

Cross references: For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

26.5-3-806. Child care teacher salary grant program - created - timeline - criteria and eligibility - grant awards - reports - definitions. (1) As used in this section, unless the context otherwise requires:

(a) CCCAP means the Colorado child care assistance program created in part 1 of article 4 of this title 26.5.

(b) Child care center has the same meaning as set forth in section 26.5-5-303.

(c) Eligible entity means a child care center licensed pursuant to part 3 of article 5 of this title 26.5 or a family child care home that has the following components:

(I) Authorization to serve families pursuant to CCCAP; and

(II) A quality rating of at least a level three pursuant to the Colorado shines quality rating and improvement system established in section 26.5-5-101.

(d) Family child care home has the same meaning as set forth in section 26.5-5-303.

(e) Grant program means the child care teacher salary grant program created in subsection (2) of this section.

(2) There is created in the department the child care teacher salary grant program. The purpose of the grant program is to allow eligible entities to apply for a grant to increase the salaries of its early childhood educators.

(3) The department shall solicit and review applications from eligible entities. Each application must, at a minimum, include:

(a) A description of the number of early childhood educators proposed to receive a salary increase;

(b) Verification that the eligible entity has had a quality rating of at least level three under the Colorado shines quality rating and improvement system during the past twelve months and specification of that quality rating level;

(d) Verification that the eligible entity is actively serving families that are subsidized through CCCAP; and

(e) Written attestation the money received from the grant program will only be used to increase salaries of early childhood educators, as specified in subsection (4) of this section.

(4) The department shall establish the percentage of salary increase for each early childhood educator, based on the number of applications and available appropriations.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 655, � 3, effective July 1.

Editor's note: This section is similar to former � 26-6-806 as it existed prior to 2022.

26.5-3-807. Community innovation and resilience for care and learning equity (CIRCLE) grant program - created - criteria - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Child care center has the same meaning as set forth in section 26.5-5-303.

(b) Eligible entity includes any one of the following:

(I) A child care center or family child care home that is eligible to receive federal child care and development block grant funding pursuant to 42 U.S.C. sec. 9858;

(II) A local early childhood council, as defined in section 26.5-2-202; or

(III) Any other community-based or education-based entity or government agency approved by the department and that proposes grant activities described in subsection (2) of this section.

(d) Grant program means the community innovation and resilience for care and learning equity (CIRCLE) grant program created in subsection (2) of this section.

(2) There is created in the department the community innovation and resilience for care and learning equity (CIRCLE) grant program. The purpose of the grant program is to address systemic challenges for early care and learning providers that have worsened as a result of the economic, social, and health impacts of the COVID-19 public health emergency and to promote innovation to improve outcomes for children and families.

(3) An eligible entity may apply for a grant from the grant program for the following purposes:

(a) Improving the affordability of child care for families whose children are not served by the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5, including, but not limited to, any of the following approaches:

(I) Tuition subsidies or scholarships;

(II) Developing public-private partnerships; or

(III) Employer-based cost-sharing approaches;

(b) Increasing access to child care for children from birth to three years of age;

(d) Ensuring equitable access for children, including children with special needs and dual-language learner children; or

(e) Other approaches to improve early childhood transitions, workforce preparation, affordability, outcomes, or innovative practices.

(4) The department shall solicit and review applications from eligible entities. Each application must include, at a minimum:

(a) A description of the activities for which the eligible entity will use the grant money;

(b) A description of any partnerships that an eligible entity intends to establish to carry out its grant activities;

(c) A description of how the activities listed in subsection (4)(a) of this section will achieve the purposes of the grant program; and

(d) A detailed budget to carry out the activities listed in subsection (4)(a) of this section.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 656, � 3, effective July 1.

Editor's note: This section is similar to former � 26-6-807 as it existed prior to 2022.

26.5-3-808. Family, friend, and neighbor support programs - advisory group - training and support program - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) Advisory group means the family, friend, and neighbor advisory group created in subsection (2) of this section.

(b) Eligible entity means a family, friend, and neighbor provider that is actively providing informal, license-exempt child care.

(c) Family, friend, and neighbor or FFN means license-exempt, informal child care provided by family, friends, or neighbors in an in-home setting on a regular basis pursuant to the requirements of section 26.5-5-304 (1)(f).

(d) Training and support program means the family, friend, and neighbor training and support program created in subsection (3) of this section.

(2) (a) The family, friend, and neighbor advisory group is created in the department. The purpose of the advisory group is to advise the department on the needs of FFN providers and to make recommendations to the department on changes to regulations, policies, funding, and procedures that would benefit the FFN community. At least twenty-five percent of the members of the advisory group must reside in counties with a population below forty thousand people.

(b) The department shall convene the advisory group, which must include, at a minimum:

(I) Members of the FFN early childhood workforce and representatives of geographically and linguistically diverse FFN providers. To the extent practicable, the department shall ensure that the persons described in this subsection (2)(b)(I) constitute a majority of the members of the advisory group; and

(II) Parents of children who receive care through FFN providers, representatives of county departments of human or social services, special education program directors, early childhood councils, the business community, private nonprofit organizations, early childhood advocacy organizations, and persons with expertise in early childhood and business practices.

(c) Members of the advisory group may receive per diem compensation for attendance at meetings of the advisory group in the same amount paid to legislators pursuant to section 2-2-307 (3)(a). Members of the advisory group are also entitled to reimbursement for all actual and necessary travel and sustenance expenses directly related to their service on the advisory group.

(3) (a) The family, friend, and neighbor training and support program is created in the department. The purpose of the training and support program is to support community-based organizations and nonprofit organizations that have expertise working with FFN providers to provide FFN providers with information, training, and materials, and to support FFN providers with skills and knowledge on child development, social and emotional development, and best practices and technical assistance to access existing state programs. Training programs available to eligible entities may include, but need not be limited to, the following:

(I) Improving the quality of child care and child development;

(II) Ensuring the health and safety of child care environments;

(III) Fostering the social and emotional health of the child;

(IV) Supporting children with developmental, emotional, physical, or cognitive disabilities or delays;

(V) Offering culturally competent and equitable child care;

(VI) Strengthening the business practices of child care;

(VII) Promoting workforce development; and

(VIII) Providing a high-quality early learning environment through coaching, guidance, and materials in an amount not to exceed nine hundred fifty dollars per eligible entity.

(b) Technical assistance and resources for FFN providers may include, but need not be limited to, the following:

(I) Navigating the state licensing and qualified exempt processes;

(II) Accessing existing state funding and services;

(III) Connecting to after-school programs; and

(IV) Providing career navigation assistance.

(c) The department may support FFN communities across the state to implement training programs that foster peer learning and provide locally specific support.

(d) The department shall create and publish a public website for the FFN community to access training, technical assistance, and resources.

(e) The department shall ensure that the training and support program is culturally competent and linguistically appropriate to meet the needs of the FFN community and utilizes a research- and community-informed curriculum.

(4) Subject to available appropriations, the department shall make existing state programs available to the FFN community, including, but not limited to, home visitation, early intervention, early childhood mental health consultants, workforce recruitment and retention, and family resource center services.

(5) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate seven million five hundred thousand dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section.

(b) The use of money appropriated pursuant to this subsection (5) and money that originates from the ARPA refinance state money cash fund, created in section 24-75-226.5, appropriated for the same purpose, must conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(d) This subsection (5) is repealed, effective September 1, 2027.

(6) The department shall report progress on the support programs as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203.

Source: L. 2022: Entire section added, (SB 22-213), ch. 345, p. 2465, � 6, effective July 1. L. 2024: (5)(b) amended, (HB 24-1466), ch. 429, p. 2944, � 35, effective June 5.

Cross references: For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.