(1) To
support and provide oversight for the statewide system of local coordinating
organizations, the department shall:
(a) Select entities to serve as local coordinating organizations in
communities throughout the state as provided in section 26.5-2-103;
(b) Enter into a coordinator agreement with each local coordinating
organization that is partially based on the community plan and that specifies the
respective duties of the local coordinating organization and the department in
implementing the community plan and in meeting the requirements specified in this
part 1, in part 2 of article 4 of this title 26.5 concerning the Colorado universal
preschool program, and in department rule. The coordinator agreements are not
subject to the requirements of the Procurement Code, articles 101 to 112 of title
24. The term of the initial coordinator agreement for a local coordinating
organization is three years, and subsequent coordinator agreements must have
terms of at least three but not more than five years, as determined by the
department. The coordinator agreement, at a minimum, must include:
(I) Expectations, targets, and benchmarks, in alignment with statewide goals
for the provision of early childhood and family support programs and services in
Colorado, that the local coordinating organization is expected to meet in
implementing the community plan and how the department and the local
coordinating organization will measure success in meeting the expectations,
targets, and benchmarks;
(II) If the local coordinating organization is a preschool provider,
expectations that the local coordinating organization must meet in ensuring the
availability of a mixed delivery system within the community that supports
equitable parent choice and in ensuring that the organization is not unfairly
advantaged in allocating funding among preschool providers based on parent
choice;
(III) Expectations that the local coordinating organization must meet with
regard to coordinating with entities within the community, including the entities
specified in section 26.5-2-103 (2)(c);
(IV) The amount of administrative costs that the local coordinating
organization receives from the department and other identified sources during the
term of the coordinator agreement; and
(V) The manner in which the local coordinating organization will provide
accountability and transparency concerning the amount and payment of
administrative expenses and, if the local coordinating organization is distributing or
administering public money, the distribution and use of the public money.
(c) Review and approve the community plan created by each local
coordinating organization, including revisions of the community plan, as provided in
section 26.5-2-104 (1). Before approving a community plan, the department may
return the plan to the local coordinating organization with changes to ensure the
community plan is feasible, meets the requirements specified in section 26.5-2-104
(1), and is aligned with the statewide goals for the provision of early childhood and
family support programs and services in Colorado.
(d) Distribute and administer public funding for early childhood and family
support programs and services in accordance with community plans and in
coordination with local and tribal agencies, when applicable; except that the
department may delegate all or a portion of the responsibility for distributing and
administering public funding to a local coordinating organization through the
organization's coordinator agreement;
(e) Support local coordinating organizations by providing funding, training
and technical assistance, which may be provided online, and, upon request,
collaborative support and assistance in implementing the community plans. The
department shall prioritize communities, including rural communities, that lack
funding and capacity to receive the funding and supports described in this
subsection (1)(e).
(f) Review the operations of each local coordinating organization, including
the local coordinating organization's compliance with the coordinator agreement
and implementation of the community plan, as provided in subsection (3) of this
section; and
(g) Identify successful strategies and innovations implemented by local
coordinating organizations throughout the state and provide information, including
by posting information on the department website, to assist local coordinating
organizations in replicating and adapting the strategies and innovations in their
communities.
(2) Notwithstanding the requirements imposed on local coordinating
organizations pursuant to section 26.5-2-104 (2), if necessary to enable an
organization to develop its capacity to serve as a local coordinating organization,
the department may specify in the organization's coordinator agreement the
degree to which the organization must meet the requirements specified in section
26.5-2-104 (2), with the expectation that the organization must fully meet the
requirements within a reasonable time, as determined by the department.
(3) (a) The department shall implement a review process established in
department rule by which the department at least annually reviews the
performance of each local coordinating organization in serving its community,
including implementing the approved community plan; fulfilling the duties specified
in section 26.5-2-104, including providing a mixed delivery system of preschool
providers; and complying with the coordinator agreement. In implementing the
review process, the department shall, at a minimum:
(I) Collaborate with the local coordinating organization to establish in the
coordinator agreement expectations, targets, and benchmarks for implementing
the approved community plan to ensure the plan is implemented with fidelity and
the local coordinating organization is making progress toward achieving the
statewide goals for the provision of early childhood and family support programs
and services set by the department;
(II) Measure the local coordinating organization's attainment of the
expectations, targets, and benchmarks and recommend improvements and
changes, including revisions to the community plan, as appropriate, to assist the
local coordinating organization in improving performance;
(III) Ensure that the local coordinating organization is complying with the
requirements specified in the coordinator agreement and with statutory and
regulatory requirements and department guidelines, including requirements and
guidelines concerning distribution and administration of funding, if the local
coordinating organization is responsible for distributing and administering funding,
and data collection and sharing, in implementing the approved community plan and
overseeing and coordinating early childhood and family support programs within
the community; and
(IV) Solicit input from families, providers, members of the early childhood
workforce, local and tribal agencies, local governments, the entities specified in
section 26.5-2-103 (2)(c), and other interested persons within the community
concerning the performance of the local coordinating organization.
(b) If the department at any time determines that the local coordinating
organization is not meeting the requirements of the coordinator agreement or is not
performing at the level required to successfully implement the community plan and
to ensure that the community substantially meets local and statewide goals for the
provision of early childhood and family support programs and services, the
department may terminate the local coordinating organization's coordinator
agreement and implement the application process for selecting a new local
coordinating organization for the community as provided in section 26.5-2-103.
(c) The department and a local coordinating organization may, at any time,
amend the coordinator agreement or the community plan to change the role of the
local coordinating organization or other aspects of the oversight of early childhood
and family support programs and services within the community.
(4) (a) For any area within the state for which a local coordinating
organization is not selected or for which the local coordinating organization is not
fully capable of implementing all aspects of the community plan, the department
shall work with the local coordinating organization, if any, and the families,
providers, local governments, and local and tribal agencies in the area, as
necessary, to oversee and coordinate the availability and provision of early
childhood and family support programs and services within the area until such time
as a local coordinating organization is selected or is deemed capable of
implementing all aspects of the community plan. At a minimum, the department
shall:
(I) Assist families in applying for early childhood and family support
programs and services and in enrolling children with early care and education
providers;
(II) Ensure, to the extent practicable, that an equitable mixed delivery
system of preschool providers is available within the area, which may include
contracting with providers for the delivery of preschool services;
(III) Combine and coordinate child care resources and funding, in
coordination with local and tribal agencies, in order to create a full day of services
for as many children as possible; and
(IV) Allocate, distribute, and administer state funding and coordinate with
local and tribal agencies and local governments to allocate, combine, and distribute
local funding for early childhood and family support programs and services within
the area.
(b) The department may enter into an agreement with the local coordinating
organization for another community to assist in fulfilling the duties described in
subsection (4)(a) of this section.
(c) In an area identified pursuant to subsection (4)(a) of this section, the
department shall provide training, assistance, and funding to entities in the area,
which may include local and tribal agencies, local governments, and nonprofit
organizations, to develop the capacity for one or more of the entities to serve as the
local coordinating organization for the area. As soon as practicable, the department
shall solicit applications as provided in section 26.5-2-103 for an entity to serve as
the local coordinating organization for the area.
(5) The executive director shall establish by rule a process by which an
applying entity that is not selected to act as a local coordinating organization, or a
local coordinating organization for which the coordinating agreement is terminated,
may appeal the decision of the department.