(1) (a) The
department shall enter into an agreement with a public or private entity to act as an
independent evaluator of the department's performance in executing the functions
identified in section 26.5-1-109 and in operating programs and providing services
associated with those functions in accordance with this title 26.5. The independent
evaluator shall complete a review of the operations of the department and the
programs that transition from the department of human services and the
department of education to the department. At a minimum, in conducting the
review, the independent evaluator shall evaluate and make recommendations
concerning:
(I) Whether the department operates the programs and provides the services
efficiently and ensures that the programs and services are:
(A) Child, family, and community centered and serve the whole child and
whole family;
(B) Equity driven;
(C) Focused on and accountable for achieving identified outcomes and
making data-driven, outcome-based decisions;
(D) Meeting high-quality standards;
(E) Serving and supporting the early childhood workforce;
(F) Supporting a mixed delivery system of school- and community-based
preschool programs and supporting child care providers; and
(G) Coordinated with other supports and services for families that are not
operated by the department, including food assistance, cash assistance, and health
care;
(II) The effectiveness and efficiency of the governance structure and
organization of the department, including whether to create a type 1 policy board
within the department to be appointed by the governor with the consent of the
senate and transfer rule-making authority and oversight of the department from
the executive director to the policy board;
(III) The cross-agency agreements with other departments that operate early
childhood and family support programs and services and the effectiveness of the
agreements in seamlessly providing said programs and services;
(IV) The impact of the implementation of the Colorado universal preschool
program pursuant to part 2 of article 4 of this title 26.5 on the number of children
served by the Colorado child care assistance program pursuant to part 1 of article 4
of this title 26.5. The independent evaluator shall evaluate this issue in consultation
with county departments, as defined in section 26.5-4-103.
(V) Whether the programs that the department operates were appropriate
for transition or would be better operated in another department pursuant to a
cross-agency agreement.
(b) The independent evaluator, in coordination with the departments of
education, human services, public health and environment, and health care policy
and financing, shall review the programs and services pertaining to early childhood
that were not transferred to the department, including the federal law and
regulations pertaining to those programs and services, to determine whether the
programs and services should be transferred to and operated by the department.
(c) No later than November 1, 2025, the independent evaluator shall submit a
report concerning the review of operations pursuant to subsection (1)(a) of this
section and the review of the transfer of additional programs and services pursuant
to subsection (1)(b) of this section to the department; the governor; the early
childhood leadership commission; 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.
(d) In conducting the reviews and making recommendations pursuant to this
subsection (1), the independent evaluator shall solicit input through a process that
includes participation by the populations served by the programs; the providers and
members of the workforce working in the programs; local coordinating
organizations; state, local, and tribal agencies involved in implementing the
programs; and any other relevant experts.
(2) (a) The department, in collaboration with the departments of education,
higher education, human services, public health and environment, and health care
policy and financing, shall prepare an annual report concerning the progress made
and challenges encountered by the department of early childhood in transitioning
and implementing programs and providing services and by the departments as a
group in implementing cross-agency collaboration related to, at a minimum:
(I) Administration of part C of the federal Individuals with Disabilities
Education Act, 20 U.S.C. sec. 1400 et seq., as amended, and coordination with the
department of education of the transition of children from part C to part B as
agreed to in the interagency operating agreement described in section 26.5-3-404
(3) between the department and the department of education;
(II) Implementation of the memorandum of understanding described in
section 26.5-4-206 between the department and the department of education
concerning administration of special education services for children prior to
kindergarten, specifically implementation of part B, section 619, and part C of the
federal Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., as
amended;
(III) Administration of the child and adult care food program in collaboration
with programs administered by the department;
(IV) Administration of the supplemental nutrition program for women,
infants, and children in collaboration with programs administered by the
department;
(V) Operation of early childhood and family support programs and services
that the department administers, including, at a minimum, data concerning the
children and families served and the use, availability, and capacity of programs
throughout the state;
(VI) Interaction of early childhood care, learning, and supports with the
public kindergarten and elementary education system to ensure children enter
kindergarten ready to learn and are behaviorally and academically successful;
(VII) Alignment of the operation of early childhood programs and services
with the child welfare system operated by the department of human services and
local agencies; and
(VIII) The use of public funding to support child care.
(b) The department shall submit the report prepared pursuant to subsection
(2)(a) of this section as part of the presentation made to a joint committee of
reference pursuant to the State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act, part 2 of article 7 of title 2, in the 2023
regular legislative session and annually thereafter. In addition, the department shall
annually submit the report to the governor; the early childhood leadership
commission; 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. Notwithstanding the
requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report
described in this subsection (2) continues until repealed pursuant to subsection
(2)(c) of this section.
(c) This subsection (2) is repealed, effective September 1, 2028.