Rule-Making Standards and Procedures s8

Title of Proposed Rule: Revisions to the Colorado School-Readiness Quality Improvement Program

Rule-making#: 10-7-20-1 Office or Division/Program: Rule Author: Ashante Butcher Phone: 303.866.5950 Division of Child Care/School E-Mail: Readiness Quality Improvement [email protected] Program

STATEMENT OF BASIS AND PURPOSE

Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)

The goal of the School-Readiness Quality Improvement Program (SRQIP) is to improve the school-readiness of children, five years of age and younger, who are cared for at early care and education facilities located in neighborhoods with elementary schools that are low-performing and serve a significant percentage of disadvantaged children. The program is based on research that demonstrates a positive connection between high quality early care and education experiences for young children and their subsequent readiness to begin school. SRQIP sites operate under the aegis of Early Childhood Councils that were established by State legislation to effectively develop, integrate, and oversee early childhood services in local communities. SRQIP grants are awarded to eligible Early Childhood Councils who distribute SRQIP funding to eligible early care and education providers within Council Communities.

The SRQIP rules exist to offer guidance to the Early Childhood Councils as local projects are implemented. Revisions to the SRQIP rules were promulgated at the March 2010 State Board of Human Services meeting, effective May 1, 2010. Since that time, Office of Legislative Legal Services staff examined the rules and determined that definitions of “early care and education provider”, “early childhood care and education council”, and “eligible elementary school” are appear inconsistent with statutory language established in Section 26-6.5-101.5, C.R.S. Therefore, the proposed rule changes are necessary to comply with new statutory definitions, and to clarify the statutory requirement that SRQIP funding is equitably distributed between rural and urban communities.

An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:

to comply with state/federal law and/or to preserve public health, safety and welfare

Explain: N/A

Initial Review 10/01/2010 Final Adoption 11/05/2010 Proposed Effective Date 01/01/2011 EMERGENCY Adoption N/A

______[Note: “Strikethrough” indicates deletion from existing rules and “all caps” indicates addition of new rules, and brackets.]

Rule-making Form SBA-3a (08/09) Title of Proposed Rule: Revisions to the Colorado School-Readiness Quality Improvement Program

STATEMENT OF BASIS AND PURPOSE (continued)

Authority for Rule: State Board Authority: 26-1-107, C.R.S. (2010) - State Board to promulgate rules; 26-1-109, C.R.S. (2010) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2010) - State Board to promulgate rules for public assistance and welfare activities; 26-6.5-106(7), C.R.S. (2010) – State Board shall promulgate rules for the implementation of the School-Readiness Quality Improvement Program, including the manner in which school- readiness quality improvement funding is distributed to early childhood care and education councils, ensuring an equitable distribution between rural and urban communities

Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making) 26-6.5-101.5, C.R.S. (2010) - definitions for Early Childhood and School Readiness

______Does the rule incorporate material by reference? X Yes No Does this rule repeat language found in statute? X Yes No If yes, please explain.

A. Material incorporated by reference is in Section 7.716.1; the definition of “eligible elementary school” references the “Elementary and Secondary Education Act of 1965”, 20 U.S.C. Section 6301, et seq., reauthorized in 2002 as the “No Child Left Behind Act of 2001”.

B. This rule also incorporates statutory definitions of “early care and education provider”, “early care and education council”, and “eligible elementary school” from Section 26-6.5-101.5, C.R.S.

State Board Administration will send this rule-making package to Colorado Counties, Inc., Office of State Planning and Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which stakeholders? Colorado Association of Family Child Care; Colorado Children’s Campaign; Colorado Department of Education: Early Childhood Initiatives; Colorado Department of Human Services: Division of Child Care, Division of Behavioral Health, Division of Child Care, Division of Child Welfare; and, Child Welfare Sub-PAC members; Colorado Department of Public Health and Environment: Early Childhood Initiatives; Colorado Early Head Start and Head Start Training and Technical Assistance Team; Colorado Head Start Collaboration Office; Early Childhood Council Leadership Alliance; Early Childhood Council Advisory Team; Early Childhood Education Association of Colorado; School Readiness Quality Improvement Program Grantees; Qualistar Early Learning

Attachments: Regulatory Analysis Overview of Proposed Rule Stakeholder Comment Summary

Rule-making Form SBA-3a (08/09) Title of Proposed Rule: Revisions to the Colorado School-Readiness Quality Improvement Program

REGULATORY ANALYSIS (complete each question; answers may take more than the space provided)

1. List of groups impacted by this rule: Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?

Local Early Childhood Councils currently implementing the School Readiness Quality Improvement program, and early care and education providers who voluntarily participate in the School-Readiness Quality Improvement Program will be impacted.

2. Describe the qualitative and quantitative impact: How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?

Currently, fourteen local Early Childhood Councils participate in the Colorado SRQIP. The councils serve approximately four hundred twenty five (425) classrooms at one hundred seventeen (117) early care education facilities across the state. This rule-making is not anticipated to adversely impact local Early Childhood Councils or participating early care and education facilities.

3. Fiscal Impact: For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.

State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)

There is no General Fund impact for this rule change. The SRQIP is one hundred percent (100%) federally funded by the Child Care and Development Block grant - Child Care Development Fund.

County Fiscal Impact

No expected county fiscal impact.

Federal Fiscal Impact

No expected federal fiscal impact.

Other Fiscal Impact (such as providers, local governments, etc.)

No expected other fiscal impact.

Rule-making Form SBA-3b (10/08) Title of Proposed Rule: Revisions to the Colorado School-Readiness Quality Improvement Program

REGULATORY ANALYSIS (continued)

4. Data Description: List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?

5. Alternatives to this Rule-making: Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.

No other alternatives to this proposed rule revision were considered. Current rules require change in order to align with State statute. Further, the proposed changes are not anticipated to have any fiscal impact.

Rule-making Form SBA-3b (10/08) Title of Proposed Rule: Revisions to the Colorado School-Readiness Quality Improvement Program

OVERVIEW OF PROPOSED RULE

Compare and/or contrast the content of the current regulation and the proposed change.

Section Numbers Current Regulation Proposed Change Stakeholder Comment 7.716.1 Definitions within rules of: Update for consistency to X Yes _ No “Early Care and Education statutory language Provider”, “Early Care and Education Facility”, “Early Care and Education Council”, “Eligible Elementary School”, and “School Accountability Report” are inconsistent with statutory definitions 7.716.2, A, 7 Councils that receive funds The reference to “school- X Yes _ No must distribute or make readiness plan” is provisions to distribute incorrectly cited. Change to funds to ECE facilities per correct reference for their school readiness school-readiness plans to plans described in section section “7.716.2, A , 4-5” 7.716.2, A, 4, a-e 7.716.3, C A review committee shall Update to clarify the X Yes _ No be convened to evaluate statutory requirement that applications, and to ensure funds shall be equitably that funds are equitably distributed between rural distributed among rural and urban communities. and urban communities.

Rule-making Form SBA-3c (10/08) Title of Proposed Rule: Revisions to the Colorado School-Readiness Quality Improvement Program

STAKEHOLDER COMMENT SUMMARY

DEVELOPMENT

The following individuals and/or entities were included in the development of these proposed rules (such as other Program Areas, Legislative Liaison, Sub-PAC, and the Child Welfare Action Committee):

Office of Legislative Legal Services - Michael Dohr

THIS RULE-MAKING PACKAGE

The following individuals and/or entities were contacted and informed that this rule-making was proposed for consideration by the State Board of Human Services:

Colorado Association of Family Child Care; Colorado Children’s Campaign; Colorado Department of Education: Early Childhood Initiatives; Colorado Department of Human Services: Division of Child Care, Division of Behavioral Health, Division of Child Care, Division of Child Welfare; and, Child Welfare Sub-PAC members; Colorado Department of Public Health and Environment: Early Childhood Initiatives; Colorado Early Head Start and Head Start Training and Technical Assistance Team; Colorado Head Start Collaboration Office; Early Childhood Council Leadership Alliance; Early Childhood Council Advisory Team; Early Childhood Education Association of Colorado; School Readiness Quality Improvement Program Grantees; Qualistar Early Learning

Are other State Agencies (such as the Department of Health Care Policy and Financing) impacted by these rules? If so, have they been contacted and provided input on the proposed rules?

Yes X No

Have these rules been reviewed by the appropriate Sub-PAC Committee?

X Yes No

Date presented: September 2010. Were there any issues raised? ____ Yes __X No

Comments were received from stakeholders on the proposed rules:

X Yes X No

If “yes” to any of the above questions, summarize and/or attach the feedback received by specifying the section and including the Department/Office/Division response. Provide proof of agreement or ongoing issues with a letter or public testimony by the stakeholder. . Rule-making Form SBA-3d (08/09) 12 CCR 2509-8 SCHOOL-READINESS QUALITY IMPROVEMENT PROGRAM 7.716 - 7.716.1

7.716 COLORADO SCHOOL READINESS QUALITY IMPROVEMENT PROGRAM

Rev. eff. The purpose of the program is to improve the school readiness of children, five (5) 12/1/05 years of age or younger, who are cared for at early care and education facilities located in neighborhoods with eligible elementary schools pursuant to Section 26-6.5-106, C.R.S.

7.716.1 Definitions

Rev. eff. “Child” means a child FIVE (5) years of age or younger. 5/1/10 “Child Care Center” means a facility, by whatever name known, that is maintained for whole or part of a day for the care of five or more children who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes pursuant to Section 26-6-102(1.5), C.R.S.

“Early Care and Education Provider” or "Provider" “EARLY CARE AND EDUCATION FACILITY” means any licensed child care center or family child care home or any school district, provider or facility that participates in the Colorado Preschool Program pursuant to Article 28 of Title 22, C.R.S., and that participates in a local community Early Childhood Care and Education Council. MEANS A SCHOOL DISTRICT, PROVIDER, OR FACILITY THAT:

A. IS LICENSED PURSUANT TO THE CHILD CARE LICENSING ACT AS FOUND IN SECTION 26-6-101, ET SEQ., C.R.S., OR THAT PARTICIPATES IN THE COLORADO PRESCHOOL PROGRAM PURSUANT TO ARTICLE 28 OF TITLE 22, C.R.S.; AND,

B. PARTICIPATES IN LOCAL COMMUNITY COUNCILS.

"Early Care and Education Facility" or "ECE Facility" means an early care and education provider , child care center, early learning program or family child care home .

"Early Childhood CARE AND EDUCATION Council" or "Council" OR “EARLY CHILDHOOD COUNCIL” means a council that represents public and private stakeholders identified or established locally in communities throughout the state pursuant to Section 26-6.5-106, C.R.S. An Early Childhood CARE AND EDUCATION Council shall provide School-Readiness Quality Improvement funding to early care and education providers pursuant to Section 26-6.5-106(3), C.R.S., for the purpose of developing and ultimately implementing a comprehensive early childhood system to enhance the school readiness of children five years of age or younger in the community.

THIS REVISION: VII-10-2 LAST REVISION: VII-06-2 REVISION NUMBER Adopted: 3/5/2010 Adopted: 4/7/2006 4 Effective Date: 5/1/2010 Effective Date: 6/1/2006 COLORADO DEPARTMENT OF HUMAN SERVICES STAFF MANUAL VOLUME 7 SOCIAL SERVICES 12 CCR 2509-8 SCHOOL-READINESS QUALITY IMPROVEMENT PROGRAM 7.716.1 – Cont.

7.716.1 Definitions (continued)

“Eligible Elementary School” means a public elementary school that:

A. B. For the school year immediately preceding submission of the Early Childhood Care and Education Council's application for funding PURSUANT TO SECTION 26-6.5-106, C.R.S., has an overall academic performance rating of "low" or "unsatisfactory", or has an overall academic performance rating of "average" with an academic growth rating of "decline" or "significantly decline", pursuant to Section 22-7-604, C.R.S. IS REQUIRED TO IMPLEMENT A PRIORITY IMPROVEMENT OR TURNAROUND PLAN AS DESCRIBED IN SECTION 22- 11-405 OR 22-11-406, C.R.S, RESPECTIVELY, OR IS SUBJECT TO RESTRUCTURING PURSUANT TO SECTION 22-11-210, C.R.S.; AND,

B. A. As of the date on which the Early Childhood Care and Education Council applies for funding through the Program, is receiving moneys pursuant to Title I of the Federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. Section 6301, et seq., as re-authorized in 2002 as the "No Child Left Behind Act of 2001." No later editions or amendments are included. Copies may be obtained or examined by contacting the Child Care Administrator, Colorado Department of Human Services, Division of Child Care, 1575 Sherman Street, Denver, Colorado 80203; or any State Publications Depository Library; also available at: http://www2.ed.gov/policy/elsec/leg/esea02/index.html.

“Family Child Care Home” means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four hour care for children under the age of eighteen years who are not related to the head of such home pursuant to Section 26-6-102(4), C.R.S.

“Family Support” means home visitation programs, family resource centers, income assistance programs, and other programs or resources to support family self sufficiency.

“Guidance” means a way of teaching that empowers children to make decisions that are ethical, intelligent, and socially responsible.

"Participates in an Early Childhood Council" means to be a member of a council or to work with a council in any manner.

“Provisional” means the rating designation for early care and education facilities that earn zero through nine (0-9) points or receive a learning environment score of zero, and do not achieve at least a 1 Star rating.

"School Accountability Report" or "SAR" means the report that each public school receives on its performance and improvement in academic achievement, pursuant to Part 6 of Article 7 of Title 22, C.R.S.

The “State Department” or "State" means the Colorado Department of Human Services, which is the agency responsible for overseeing the project PROGRAM.

THIS REVISION: VII-10-2 LAST REVISION: VII-06-2 REVISION NUMBER Adopted: 3/5/2010 Adopted: 4/7/2006 4 Effective Date: 5/1/2010 Effective Date: 6/1/2006 COLORADO DEPARTMENT OF HUMAN SERVICES STAFF MANUAL VOLUME 7 SOCIAL SERVICES 12 CCR 2509-8 SCHOOL-READINESS QUALITY IMPROVEMENT PROGRAM 7.716.2 – Cont.

7.716.2 Eligibility (continued)

f. Evidence that the voluntary school-readiness rating system is included in the school-readiness plan.

6. The Council must demonstrate the commitment of the ECE facilities identified in the Council's school-readiness plan to cooperate with and participate in the school-readiness rating system.

Each participating provider shall sign a Memorandum of Understanding to participate in the School-Readiness Quality Improvement Program. The Memorandum of Understanding shall:

a. Obligate sites that have never been through a quality rating process before, or those that have been rated in the year immediately prior to entering the program and have scored 0-2 stars, to be rated on an annual basis throughout the funding cycle; or,

b. Obligate sites that have been rated in the year immediately prior to entering the program and that have earned 3 or 4 stars to be rated annually for the first two years of the funding cycle. Early care and education providers that have maintained a rating of 3 or 4 stars during the first two years of the funding cycle will enter the maintenance phase of the program.

7. Councils that receive funds must distribute, or otherwise make provisions to distribute, those funds to ECE facilities in a timely fashion per their school-readiness plan as described in Section 7.716.2, A, 4, a- e 7.716.2, A, 4-5.

8. Administrative costs associated with project budgets must not exceed five percent (5%) of the total amount requested from the State.

9. The voluntary school readiness rating system shall:

a. Measure elements of quality at an ECE facility such as:

1) Quality of the learning environment.

2) Quality of adult-child interactions.

3) Adult-to-child ratios.

4) Provider credentials including recognized credentials through the State Department's voluntary credentialing system or equivalent.

5) Parent-involvement activities at the ECE facility.

THIS REVISION: VII-10-2 LAST REVISION: VII-05-6 REVISION NUMBER Adopted: 3/5/2010 Adopted: 10/7/2005 2 Effective Date: 5/1/2010 Effective Date: 12/1/2005 COLORADO DEPARTMENT OF HUMAN SERVICES STAFF MANUAL VOLUME 7 SOCIAL SERVICES 12 CCR 2509-8 SCHOOL-READINESS QUALITY IMPROVEMENT PROGRAM 7.716.2 – 7.716.3

7.716.2 Eligibility (continued)

b. Inform parents, counties, and other purchasers of early care and education about the level of quality of an ECE facility in a simple and easy-to-understand manner.

c. Be supported by statistically valid research as a reliable measure of quality of an ECE facility;

d. Include a quality improvement plan that informs rated providers of their strengths and weaknesses and that provides such providers with strategies to improve the quality of their services; and,

e. Have demonstrated effectiveness at improving the level of quality of providers in geographically diverse Colorado communities.

B. Eligible Early Care and Education Providers

1. Early care and education providers must participate in a local community Early Childhood Council.

2. Early Childhood Councils may work with any licensed ECE provider located within the Council's community.

7.716.3 Application Process

Rev. eff. A. Requests for Proposals (RFPs) will be produced by the State Department. 5/1/10 B. Each Early Childhood Council may submit only one School-Readiness application for the community it represents.

C. A review committee comprised of a minimum of five (5) individuals shall be convened to evaluate the applications submitted by the eligible councils. FUNDS SHALL BE DISTRIBUTED EQUITABLY AMONG RURAL AND URBAN COMMUNITIES. To ensure EQUITABLE DISTRIBUTION that funds are equitably distributed among rural and urban communities, the review committee shall consider, at a minimum, the following elements for each application:

1. Community demographic information.

2. Completeness of response to application questions.

3. Viability of the School-Readiness Plan submitted with applications.

4. Demonstrated ability of the community to achieve the planned goals.

THIS REVISION: VII-10-2 LAST REVISION: VII-06-2 REVISION NUMBER Adopted: 3/5/2010 Adopted: 4/7/2006 3 Effective Date: 5/1/2010 Effective Date: 6/1/2006 COLORADO DEPARTMENT OF HUMAN SERVICES STAFF MANUAL VOLUME 7 SOCIAL SERVICES