(1) (a)
(I) On and after July 1, 2022, the department is responsible for executing,
administering, performing, and enforcing the rights, powers, duties, functions, and
obligations vested before July 1, 2022, in:
(A) The office within the department of human services that is responsible
for early childhood programs and services; and
(B) The department of education concerning early childhood workforce
development, including the professional development information system.
(II) The rights, powers, duties, functions, and obligations concerning a
statewide preschool program are transferred, effective July 1, 2022, to the
department to the extent necessary to establish and authorize enrollment in the
Colorado universal preschool program, as provided in part 2 of article 4 of this title
26.5 for the 2023-24 school year, and are fully transferred to the department,
effective July 1, 2023. The department of education retains such rights, powers,
duties, functions, and obligations as are necessary to operate the existing Colorado
preschool program pursuant to article 28 of title 22, as it exists prior to July 1, 2023,
for the 2022-23 school year.
(b) The department shall enter into memoranda of understanding,
interagency agreements, or both, as appropriate, with the department of human
services and the department of education to provide for the timely transfer of
powers, duties, personnel, property, records, appropriations, and other funding as
necessary to accomplish the complete transfer of the rights, powers, duties,
functions, and obligations to the department as described in subsection (1)(a) of this
section.
(c) The rules pertaining to the powers, duties, functions, and obligations
transferred to the department pursuant to subsection (1)(a) of this section that are
adopted by the department of human services, the state board of human services,
or the state board of education and are in effect as of July 1, 2022, continue in
effect and apply to the department and persons or entities licensed or providing
services pursuant to this title 26.5 until replaced by rules adopted by the executive
director pursuant to section 26.5-1-105.
(2) Beginning July 1, 2022, the positions of employment in the department of
human services and the department of education concerning the powers, duties,
and functions transferred to the department of early childhood pursuant to this part
1 and determined by the executive director to be necessary to carry out the
purposes of this title 26.5, including positions of employment related to technology
support, are transferred to the department of early childhood and become positions
of employment in that department. The executive director, or the executive
director's designee, shall establish the actual date of said transfers in memoranda
of understanding, interagency agreements, or both, as appropriate, entered into
between the department of early childhood and the department of human services
or the department of education, as applicable, pursuant to subsection (1)(b) of this
section.
(3) Beginning July 1, 2022, all items of property, real and personal, including
office furniture and fixtures, books, documents, records, and information systems
with the supporting hardware, software, licenses, and data, of the department of
human services and the department of education pertaining to the powers, duties,
and functions transferred to the department of early childhood pursuant to this part
1 are transferred to the department of early childhood and become the property of
said department. The executive director, or the executive director's designee, shall
establish the actual date of said transfers in memoranda of understanding,
interagency agreements, or both, as appropriate, entered into between the
department of early childhood and the department of human services or the
department of education, as applicable, pursuant to subsection (1)(b) of this section.
(4) Effective July 1, 2022, if the department of human services or the
department of education is referred to or designated by a contract or other
document in connection with the powers, duties, and functions transferred to the
department of early childhood pursuant to this part 1, such reference or designation
is deemed to apply to the department of early childhood. All contracts entered into
by the said departments before July 1, 2022, in connection with the powers, duties,
and functions transferred to the department of early childhood pursuant to this part
1 are hereby validated, with the department of early childhood succeeding to all
rights and obligations under said contracts. Any money that was previously
received or appropriated, and remains available, to satisfy obligations incurred
under said contracts is transferred and further appropriated to the department of
early childhood for the payment of said obligations.
(5) On and after July 1, 2022, unless otherwise specified, if a provision of law
refers to the department of human services with regard to the powers, duties, or
functions specified in subsection (1)(a)(I)(A) of this section or to the department of
education with regard to the powers, duties, or functions specified in subsection
(1)(a)(I)(B) or (1)(a)(II) of this section, said law is construed as referring to the
department of early childhood.
(6) On and after July 1, 2022, unless otherwise specified, all claims and
liabilities, including costs, relating to the performance of the department of human
services with regard to the powers, duties, or functions specified in subsection
(1)(a)(I)(A) of this section or to the department of education with regard to the
powers, duties, or functions specified in subsection (1)(a)(I)(B) or (1)(a)(II) of this
section are transferred to and assumed by the department of early childhood,
exclusively through the department of early childhood, and no other public entity or
agency is responsible or liable for any such claims, liabilities, or damages.
(7) The executive director, or the executive director's designee, may seek,
accept, and expend, on behalf of and in the name of the state, gifts, grants, and
donations for any purpose connected with the powers, duties, and functions of the
department. The state treasurer shall hold any property so given, but the executive
director, or the executive director's designee, may direct the disposition of any
property so given for any purpose consistent with the terms and conditions under
which the gift was created.