2021 Colorado Code
Title 22 - Education
Article 28 - Colorado Preschool Program Act
§ 22-28-108. Criteria for District Preschool Programs

1. 1. The department shall establish basic program standards for district preschool programs using nationally accepted standards for preschool programs and requiring compliance with the Colorado rules for child care centers promulgated by the department of human services pursuant to section 26-6-106, C.R.S.
   2. The state board shall establish, by rule, criteria for school districts to use in establishing district preschool programs, subject to the following requirements:
      1. The maximum number of pupils in a district preschool program shall not exceed the number set by the department pursuant to section 22-28-107 (3).
      2. The maximum number of pupils in a preschool class shall not exceed sixteen.
      3. Preschool classes shall be held for the equivalent of four half days per week with the remaining time being used for home visits by preschool teachers, teacher training as needed, workshops with other preschool teachers, and planning sessions with kindergarten teachers and other school staff.
      4. Preschool classes shall be supplemented by teaching activities in the home between each pupil and the pupil's parent. An individual teaching plan shall be created for the pupil by his preschool teacher, and the school district shall provide the parent with the books and other materials necessary to carry out such teaching plan. (1.6) The criteria established by the state board shall require that each head start agency and public and private child care agency that is providing services under the district preschool program afford all children that are eligible under section 22-28-106 an equal opportunity to receive services regardless of their race, ethnicity, or place of residence within the school district.

2. In addition to the criteria established pursuant to subsection (1) of this section, the state board shall establish, by rule, additional criteria for school districts to use in establishing district preschool programs that will be provided, in whole or in part, by a head start agency or child care agencies in accordance with the provisions of section 22-28-109.
3. In establishing criteria for district preschool programs relating to qualifications for preschool teachers, the state board shall not require preschool teachers to be licensed pursuant to article 60.5 of this title but shall allow the school district, a head start agency, or a child care agency to employ a nonlicensed preschool teacher as long as the teacher meets other qualifications established by the state board.
4. The criteria established by the state board shall be made available to each school district no later than August 1 of each year and shall be used by the district advisory council and the school district in drawing up the district preschool program proposal to be submitted with the school district's application for participation in the Colorado preschool program.
5. Any school district whose district preschool program proposal does not meet the requirements of the state board shall be allowed to modify its proposal so that it meets said requirements. Notice to the department of said modifications shall be a prerequisite to final acceptance in the Colorado preschool program. (5.5) Funding provided pursuant to this article shall only be used to pay a district's costs of providing preschool services directly to children enrolled in the district's preschool program. The costs shall include teacher and paraprofessional salaries and benefits, supplies and materials, home visits, the entire cost of any preschool program contracted services, the costs of services provided by a district to children enrolled in the district's preschool program or their parents, any associated professional development activities, costs that a district would not otherwise have incurred but for the services provided in conjunction with the preschool program, and a reasonable allocation of district overhead costs not to exceed five percent of the program costs. Any moneys remaining in the district's preschool program budget at the end of any budget year shall remain in the program budget for use in the preschool program in subsequent budget years.
6. At any time during the year, the department may request from a school district any information about its district preschool program that the department deems necessary to ensure that the district is complying with the requirements of this section.

History. Source: L. 88: Entire article added, p. 829, § 40, effective May 24. L. 92: (1), (4), and (5) amended, p. 493, § 14, effective May 26. L. 94: (1)(a) amended, p. 2690, § 219, effective July 1. L. 96: (1.6) added, p. 1799, § 19, effective July 1. L. 2000: (3) amended, p. 1855, § 54, effective August 2. L. 2002: (1)(a) amended, p. 1785, § 49, effective June 7. L. 2006: (1)(a), IP(1)(b), (1)(b)(I), (1.6), (2), (3), (4), (5), and (6) amended, p. 692, § 32, effective April 28. L. 2007: (1)(b)(II) amended, p. 739, § 13, effective May 9. L. 2008: (1)(a), IP(1)(b), and (1)(b)(II) amended and (5.5) added, pp. 1226, 1210, §§ 40, 22, effective May 22. L. 2009: (1)(b)(I), (1.6), (2), (3), (4), (5), and (6) amended,(SB 09-292), ch. 369, p. 1959, § 51, effective August 5.

For the legislative declaration contained in the 1994 act amending subsection (1)(a), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act amending subsection (1)(a), the introductory portion to subsection (1)(b), and subsection (1)(b)(II) and enacting subsection (5.5), see section 1 of chapter 286, Session Laws of Colorado 2008.