§ 22-28-109. District Preschool Programs Provided by a Head Start Agency or Child Care Agencies

1. The state recognizes that there is significant value in using existing and established infrastructure through a head start agency or child care agencies, where available, for the provision of a district preschool program. Before the board of education of any school district whose pupil enrollment was less than or equal to seven hundred fifty pupils for the preceding budget year expends money for capital projects to provide additional facilities for a district preschool program, the board shall consider whether the district preschool program may be contracted out, in whole or in part, to a head start agency or one or more child care agencies located in the school district. The board of any school district, regardless of pupil enrollment, may contract out the district preschool program only if the provisions of this section are satisfied. In making its determination on whether to contract out the district preschool program, the board shall consider the recommendation of the district advisory council along with the following:
   1. Whether there is an established preschool program being provided by the school district or by a head start agency or one or more child care agencies that could be expanded or modified to include the district preschool program;
   2. Whether the district preschool program could be provided more efficiently by a head start agency or one or more child care agencies while still maintaining a quality program;
   3. Whether the head start agency or the child care agencies could provide a district preschool program that would meet the criteria established by the state board pursuant to the provisions of section 22-28-108 (1) and (2);
   4. Whether the school district or the head start agency or child care agencies providing the district preschool program could also provide extended day services for children enrolled in the program in need of such services.
2. No board of education shall contract out the district preschool program unless the board is assured that the head start agency or child care agency will provide a quality program meeting the requirements of section 22-28-108 (1) and (2). At any time during the year, the board may request from the agency any information about the program that the board deems necessary to ensure that the agency is complying with said requirements. In addition, the board of education shall ensure that the services provided by the head start agency or child care agency with respect to the district preschool program shall be in addition to services then currently provided by said agency and that the moneys transmitted to said agency for the services provided in the district preschool program shall not supplant moneys available to fund other services provided by said agency.
3. If the district preschool program is contracted out pursuant to the provisions of subsection (1) of this section, the board of education and the head start agency or child care agencies shall develop a plan for the transition of children from the preschool portion of the program to kindergarten.

Source: L. 88: Entire article added, p. 830, § 40, effective May 24. L. 96: IP(1) amended, p. 1799, § 20, effective July 1. L. 2006: Entire section amended, p. 693, § 33, effective April 28. L. 2007: IP(1) amended, p. 740, § 14, effective May 9. L. 2008: IP(1), (1)(a), and (3) amended, p. 1226, § 41, effective May 22. L. 2009: (1)(b), (1)(c), (1)(d), and (2) amended, (SB 09-292), ch. 369, p. 1960, § 52, effective August 5.

Cross references: For the legislative declaration contained in the 2008 act amending the introductory portion to subsection (1) and subsections (1)(a) and (3), see section 1 of chapter 286, Session Laws of Colorado 2008.