§ 26-6.2-303. Early Childhood Services Transition – Transition Working Group – Creation – Transition Advisory Group – Consultant – Transition Plan – New Preschool Program Recommendations – Reports

1. 1. There is created a transition working group consisting of the co-chairs of the commission and representatives of the existing departments and the governor’s office. In lieu of serving on the transition working group, each of the co-chairs of the commission may appoint a designee from the commission membership to serve on the transition working group. The transition working group, working with the consultant and with the advice of the transition advisory group, shall develop a transition plan, as described in section 26-6.2-304, and develop recommendations for a new statewide, universal, voluntary preschool program, as described in section 26-6.2-305.
   2. The commission staff, the governor’s office, and the existing departments shall provide staff assistance and resources, as necessary, to assist in completing the duties of the transition working group identified in this part 3.
2. 1. The co-chairs of the commission shall convene a transition advisory group to advise the transition working group in developing the transition plan and the new preschool program recommendations and to support the creation of policies and procedures for the new department and the new preschool program that eliminate redundancies and helps ensure that the new department and the new preschool program are child and family centered. The transition advisory group must prioritize consideration of the child and family experience in accessing and using early childhood programs and services in advising the transition working group on the design of the new department and implementation of the new preschool program. The transition advisory group, at a minimum, shall advise the transition working group concerning prioritization of the transition activities for the new department and the scope and sequence of the stakeholder processes for developing the plan and recommendations and shall provide timely input into the substantive decisions that arise in developing the transition plan and the new preschool program recommendations.
   2. The co-chairs of the commission shall determine the appropriate size and specific membership of the transition advisory group to ensure that the representation of perspectives on the transition advisory group is sufficiently broad and diverse to adequately inform the transition working group concerning the full spectrum of early childhood programs and issues. In selecting members of the transition advisory group, the co-chairs of the commission shall ensure that the transition advisory group at a minimum includes:
      1. Parents of children who are enrolled in a variety of public and private early childhood programs; members of the early childhood workforce, including community- and school-based educators; and representatives of geographically and programmatically diverse community- and school-based public and private early childhood program providers. To the extent practicable, the co-chairs shall ensure that the persons described in this subsection (2)(b)(I) constitute a majority of the members of the transition advisory group.
      2. Representatives of county human services departments, special education directors, the early childhood councils, members of the business community, representatives of private nonprofit entities, representatives of early childhood and education advocacy organizations, and persons with expertise in early childhood and business practices.
   3. In selecting members of the transition advisory group pursuant to subsection (2)(b) of this section, the co-chairs of the commission shall:
      1. To the extent practicable, ensure that persons from under-resourced and under-represented communities constitute at least one-third of the members of the transition advisory group; and
      2. Prioritize any recommendations received from the statewide associations that represent the groups described in subsection (2)(b) of this section.
   4. Members of the transition advisory group may receive per diem compensation for attendance at meetings of the transition advisory group in the same amount paid to legislators pursuant to section 2-2-307 (3)(a). Members of the transition advisory group are also entitled to reimbursement for all actual and necessary travel and subsistence expenses directly related to their service on the advisory group.
3. The transition working group shall convene a subgroup to work with the transition working group in developing recommendations for the administration of preschool special education services within the new preschool program, including, at a minimum, developing the recommendations required in section 26-6.2-305 (3)(b). The membership of the subgroup must include, but need not be limited to, department of education staff with expertise in special education, department of human services staff with expertise in serving children with developmental delays, special education directors from administrative units, representatives of organizations that represent special education directors, geographically diverse representation from school- and community-based preschool program providers, head start agency representatives, representatives of nonprofit and advocacy organizations that represent children and families with special needs or disabilities, including children from birth to three years of age, and parents, including parents of children with special needs.
4. As soon as practicable after the effective date of this section, the governor’s office shall contract with one or more private entities to consult with and assist the transition working group in developing and implementing a transition plan as described in section 26-6.2-304 and in developing recommendations for a new statewide, universal, voluntary preschool program, as described in section 26-6.2-305. An initial contract with a consultant pursuant to this subsection (4) must not exceed twenty-five thousand dollars or must provide that the consulting services are provided as an in-kind donation of services. The governor’s office may enter into subsequent contracts in accordance with the “Procurement Code”, articles 101 to 112 of title 24, with one or more consultants for the services described in this subsection (4). A consultant with which the governor’s office contracts pursuant to this subsection (4) must at a minimum have expertise in early childhood systems, program administration, and information technology. The governor’s office shall ensure that a consultant with which it contracts pursuant to this subsection (4) does not have a financial interest in any aspect of the early childhood system and that a member of the commission does not have a financial interest in the consultant.
5. In developing the transition plan and the new preschool program recommendations, the transition working group and the transition advisory group shall engage to the greatest extent practicable with interested and affected individuals in all areas of the state, including urban, suburban, and rural areas, and across a wide variety of program types and shall actively seek the input and guidance of parents, formal and informal early childhood providers and experts, early childhood educators, schools, school districts, school district special education directors, early childhood councils, infant and early childhood health and mental health professionals, county human services professionals, Indian tribes, children’s advocacy groups, members of migrant seasonal populations and communities, community organizations, representatives from the business community, and other interested and affected community members. To facilitate this engagement, the transition working group shall engage stakeholders through a variety of opportunities such as public meetings, working sessions, written comment, and design opportunities with parents and providers. The transition working group shall ensure that all input received is documented and made available to the public. To increase efficiency and meet with as many stakeholders as possible, the transition working group may divide into subgroups for meetings and may meet with stakeholders using electronic or digital platforms or formats. The transition working group shall also consider any available findings and recommendations from previous studies, reviews, public forum discussions, and other formal and informal considerations of the provision of early childhood services in Colorado.
6. 1. By November 1, 2021, the governor’s office, on behalf of the transition working group, shall submit the transition plan to the joint budget committee with the governor’s budget request, in accordance with section 2-3-208 (2)(a), and the transition working group shall submit the transition plan to the commission for approval. The transition working group shall work with the commission regarding any changes the commission may request before approving the plan. The commission shall approve the transition plan within fourteen days after receiving the plan. If there are changes made to the transition plan before approval by the commission, the governor’s office, as soon as practicable after the commission approves the transition plan, shall resubmit the approved transition plan to the joint budget committee and shall submit to the joint budget committee an amended budget request, if necessary, to reflect the changes to the transition plan as approved by the commission.
   2. On or before November 15, 2021, the transition working group shall submit the transition plan, as approved by the commission, to the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees, and the health and human services committee and the education committee of the senate, or any successor committees.
   3. On or before December 1, 2021, the transition working group shall meet with the early childhood and school readiness legislative commission created in section 26-6.5-203 to present the transition plan, as approved by the commission.
   4. After the transition working group completes the transition plan, the transition working group and the transition advisory group may continue to meet to review and make recommendations concerning programs or services that are not addressed in the transition plan or are identified in the transition plan as being included in a future phase of transition to or alignment with the new department.
7. By January 1, 2022, the transition working group shall submit the new preschool program recommendations to the commission for approval and shall work with the commission regarding any changes the commission may request before approving the recommendations. The commission shall approve the recommendations within fourteen days after receiving them. On or before January 15, 2022, the transition working group shall submit the report of recommendations for the new preschool program, as approved by the commission, to the joint budget committee of the general assembly; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees.
8. In addition to other assistance provided by the consultant, the transition working group shall work with the consultant to analyze the current use of existing early childhood programs and services in the state. The transition working group shall use the results of the analysis in developing the transition plan and the new preschool program recommendations. At a minimum, the analysis must:
   1. Address the extent to which existing early childhood programs and services are available to and used by the child and family populations they are designed to serve;
   2. Identify the groups of children and families, based on location within the state and on family demographics, including socio-economic status, race, ethnicity, gender, language, and disability, who are accessing the existing early childhood programs and services; and
   3. Provide specific information concerning groups of children that have historically encountered barriers to school readiness.

Source: L. 2021: Entire part added, (HB 21-1304) ch. 307, p. 1837, § 1, effective June 23.