State Preschool Program

Overview

The Colorado Preschool and Kindergarten Program (CPKP) is intended to serve children ages three through five who either lack overall learning readiness due to family risk factors, are in need of language development, or are neglected or dependent children. The state provides funding to school districts through the school funding formula by adding each eligible CPKP child as a half-day pupil to a school district’s funded pupil count. School districts may choose whether or not to apply to participate in the program and, if selected to participate, may also contract with public or private preschool or childcare providers for delivery of services. Participating districts may use CPKP funding to provide half-day preschool programs or, for a limited number of children, to provide a full-day preschool program or expand kindergarten to full-day.

Although the program was first enacted in 1988, CPKP funding has never been adequate to serve all eligible children. The legislature has pledged to fully fund the program by 2009, and for the 2006-2007 school year, funding was made available for an additional 2,000 slots. Program enrollment is now limited to 14,360 children, up to 15% of whom (2,154) may be served in a full-day kindergarten program. According to the National Institute for Early Education Research, Colorado served 14% of all four-year-olds in the CPKP in 2005-2006.

State Policy

The legislation implementing Colorado’s preschool and kindergarten program notes the substantial numbers of children who enter kindergarten unprepared to learn. It also acknowledges the link between early school failure and later difficulties such as dropping out of school at an early age, becoming dependent upon public assistance, and becoming involved in criminal activities.

Eligibility Criteria

Children age three to five are eligible if they either: (1) lack overall learning readiness due to significant family risk factors; (2) are in need of language development; or (3) are receiving services from the state as a neglected or dependent child. Three year-olds are only eligible if they lack overall learning readiness and exhibit at least three of the significant family risk factors. The risk factors include federal free or reduced lunch eligibility, homelessness, a parent that is abusive or is addicted to drugs or alcohol, a parent that was unmarried and a teenager at the time of the child’s birth, a parent that does not have a high school education, frequent relocation by the child’s family, and poor social skills of the child.

Program Length/Duration

The Colorado preschool and kindergarten program provides funding for a half-day preschool program four days a week, with the fifth day reserved for home visits and preparation. However, funding priority consideration is given to programs that leverage other funding sources to provide full-day services and/or a twelve month program. CPKP funding may be used to support up to five percent (718) of program participants in a full-day preschool program. In addition, CPKP funds can be used to extend half-day kindergarten to full-day for up to fifteen percent (2,154) of CPKP participants.

Funding

Colorado’s preschool and kindergarten program is funded through a combination of state and local funds. It is a voluntary program for school districts, but if they choose to participate, they must contribute funding on the same basis as they do for K-12 education. The program is funded through a formula based on the district's per pupil operating revenues and the district's preschool enrollment. Parents may be charged fees for extended day services. There is a statutory limit on the total number of slots (14,360 for the 2006-07 school year) as well as the number of districts that may be funded. Districts are chosen based on the following criteria: dropout rates; the number of qualified, unserved children; test scores; demographic data; geographic location; the number of schools in the district or the number of head start agencies or child care agencies that will participate in the district's plan; and the quality of the district’s plan. Colorado’s constitution has been amended to provide that state funding for public education from preschool through the twelfth grade must grow annually at least by the rate of inflation plus one percent.

Quality Standards

The Colorado Preschool and Kindergarten Program earned a four out of ten on the National Institute for Early Education Research (NIEER) quality standards checklist. The state requires a class size of 15 and a staff-child ratio of 1:8, thereby exceeding NIEER's benchmarks in these areas. It also requires site visits and other monitoring, and family support services. However, the program falls short of NIEER's benchmarks in other areas. Teachers are not required to have a bachelor’s degree and assistant teaches do not have to meet CDA requirements. Teachers are, however, required to have some training in the field of early childhood, although there are insufficient requirements for in-service professional development. Programs participating in the CPKP are not required to offer meals or vision and hearing screening and referral.

Colorado does not have comprehensive preschool curriculum standards, although it has developed a set of "interactions and experiences" preschoolers need to develop the foundation for the state's learning standards.

Delivery of Preschool Services

Only public school districts may receive preschool funding directly from the state. Districts wishing to participate in the CPKP must convene a district preschool advisory council consisting of the superintendent, two parents of children in the district preschool and kindergarten program, two members of the business community and other members of the public as specified in statute. The duties of the advisory council include preparing a plan for identifying children in the district who may be eligible for the program in accordance with state eligibility criteria; assessing the need for a preschool and kindergarten program; and submitting a request for proposals for participation in the program to local head start agencies and community child care agencies. If the district advisory council recommends that such agency or agencies participate in the district's preschool and kindergarten program, the school district may choose to contract out part or all of its preschool and kindergarten program. These programs must meet the same quality standards as a district-run program.

Requirements for Student Assessment and Program Evaluation

The district preschool advisory council must annually evaluate program effectiveness and child progress and report to the department of education. Districts are discouraged from using standardized tests as a means of measuring progress. District advisory councils are required to make at least two on-site visits per year to all individual providers in their district. The purpose of these visits is to monitor overall program compliance and make recommendations for needed improvements. The state department of education also must regularly conduct on-site evaluations to participating programs and must make an annual report to the legislature regarding the implementation and effectiveness of the state preschool and kindergarten program.

Legal Framework

Education Clause in State Constitution

Colorado’s constitution provides that “The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state, between the ages of six and twenty-one years, may be educated gratuitously.” Colorado has also amended its constitution to provide that state funding for public education from preschool through the twelfth grade must grow annually at least by one percent over the rate of inflation.

Summary of Case Law on School Finance System

In Lujan v. Colorado State Bd. of Education, the Colorado Supreme Court upheld the state school finance system, rejecting an equal protection challenge. The Court found that although the state constitution requires the General Assembly to provide each school age child with the opportunity to receive a free education, there is not a mandate for absolute equality in educational services or expenditures. In 2005, a group of parents and school districts filed Lobato v. State of Colorado, alleging violation of the constitutional right to a "thorough and uniform" education under an adequacy theory. Plaintiffs challenge several aspects of the school finance system, including funding for programs and services for at-risk students, English language learners, students with disabilities, gifted and talented students, preschool children, transportation and capital construction. The trial court dismissed the complaint in February 2006 and plaintiffs have appealed.

Summary of Case Law on Preschool

The Lujan case did not address preschool. The pending case Lobato v. State of Colorado includes a claim for increased state funding for preschool.

Constitutional Provisions on Public Education

Colo. Const. Art. IX, § 2

The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state, between the ages of six and twenty-one years, may be educated gratuitously. One or more public schools shall be maintained in each school district within the state, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year.

Colo. Const. Art. IX, § 17

(1) Purpose. In state fiscal year 2001-2002 through state fiscal year 2010-2011, the statewide base per pupil funding, as defined by the Public School Finance Act of 1994, article 54 of title 22, Colorado Revised Statutes on the effective date of this section, for public education from preschool through the twelfth grade and total state funding for all categorical programs shall grow annually at least by the rate of inflation plus an additional one percentage point. In state fiscal year 2011-2012, and each fiscal year thereafter, the statewide base per pupil funding for public education from preschool through the twelfth grade and total state funding for all categorical programs shall grow annually at a rate set by the general assembly that is at least equal to the rate of inflation.

(2) Definitions. For purposes of this section: (a) "Categorical programs" include transportation programs, English language proficiency programs, expelled and at-risk student programs, special education programs (including gifted and talented programs), suspended student programs, vocational education programs, small attendance centers, comprehensive health education programs, and other current and future accountable programs specifically identified in statute as a categorical program.

(b) "Inflation" has the same meaning as defined in article X, section 20, subsection (2), paragraph (f) of the Colorado constitution.

(3) Implementation. In state fiscal year 2001-2002 and each fiscal year thereafter, the general assembly may annually appropriate, and school districts may annually expend, monies from the state education fund created in subsection (4) of this section. Such appropriations and expenditures shall not be subject to the statutory limitation on general fund appropriations growth, the limitation on fiscal year spending set forth in article X, section 20 of the Colorado constitution, or any other spending limitation existing in law.

(4) State Education Fund Created. (a) There is hereby created in the department of treasury the state education fund. Beginning on the effective date of this measure, all state revenues collected from a tax of one third of one percent on federal taxable income, as modified by law, of every individual, estate, trust and corporation, as defined in law, shall be deposited in the state education fund. Revenues generated from a tax of one third of one percent of federal taxable income, as modified by law, of every individual, estate, trust and corporation, as defined in law, shall not be subject to the limitation on fiscal year spending set forth in article X, section 20 of the Colorado constitution. All interest earned on monies in the state education fund shall be deposited in the state education fund and shall be used before any principal is depleted. Monies remaining in the state education fund at the end of any fiscal year shall remain in the fund and not revert to the general fund.

(b) In state fiscal year 2001-2002, and each fiscal year thereafter, the general assembly may annually appropriate monies from the state education fund. Monies in the state education fund may only be used to comply with subsection (1) of this section and for accountable education reform, for accountable programs to meet state academic standards, for class size reduction, for expanding technology education, for improving student safety, for expanding the availability of preschool and kindergarten programs, for performance incentives for teachers, for accountability reporting, or for public school building capital construction.

(5) Maintenance of Effort. Monies appropriated from the state education fund shall not be used to supplant the level of the general fund appropriations existing on the effective date of this section for total program education funding under the Public School Finance Act of 1994, article 54 of title 22, Colorado Revised Statutes, and for categorical programs as defined in subsection (2) of this section. In state fiscal year 2001-2002 through state fiscal year 2010-2011, the general assembly shall, at a minimum, annually increase the general fund appropriation for total program under the "Public School Finance Act of 1994," or any successor act, by an amount not below five percent of the prior year general fund appropriation for total program under the "Public School Finance Act of 1994," or any successor act. This general fund growth requirement shall not apply in any fiscal year in which Colorado personal income grows less than four and one half percent between the two previous calendar years.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

"[T]he importance of an education does not elevate a public education to a fundamental interest warranting strict scrutiny. . . .  The constitutional mandate which requires the General Assembly to establish 'a thorough and uniform system of free public schools,' is not a mandate for absolute equality in educational services or expenditures. Rather, it mandates the General Assembly to provide to each school age child the opportunity to receive a free education, and to establish guidelines for a thorough and uniform system of public schools."  Lujan v. Colorado State Bd. of Education, 649 P.2d 1005, 1018-19 (Colo. 1982).

School Finance Cases in Favor of Plaintiffs:

Giardino v. Colorado State Board of Education, No. 98CV246 (Denver D.Ct.)

Plaintiffs charged that deteriorating school facilities denied them educational opportunity under the constitutional guarantee of a "thorough and uniform system of free public schools." In 2000, the trial court approved a settlement agreement under which the State committed $190 million to fund school repair and construction in the neediest school districts over more than a decade.

Standard for a Constitutionally Adequate Education:

None.

School Finance Cases against Plaintiffs:

Lujan v. Colorado State Bd. of Education, 649 P.2d 1005 (Colo. 1982)

The Colorado Supreme Court upheld the state Public School Finance Act of 1973, rejecting plaintiffs' claim that it violated the right to equal protection under the state constitution. The Court held that the constitutional mandate that requires the legislature to establish "a thorough and uniform system of free public schools" is not a mandate for absolute equality in educational services or expenditures, but rather a mandate to provide to each school age child an opportunity to receive a free education and to establish guidelines for a thorough and uniform system of public schools. Additionally, the Court rejected plaintiffs' claim that education is a fundamental constitutional right warranting a strict scrutiny analysis. Applying a rational basis test, the Court found that the goal of local control of public schools, and concomitant reliance on local property taxes, was a legitimate state purpose that justified the state's school finance system.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

Lobato v. State of Colorado, discussed below, includes a claim for increased funding for preschool.

Pending School Finance Cases:

Lobato v. Colorado, District Court, City and County of Denver

Case filed in June 2005 by parents and school districts in Colorado alleging violation of the right to a "thorough and uniform" education under the State's constitution. Plaintiffs challenge the school finance system, alleging that it is not based on a valid determination of the actual cost of an adequate, quality education. Plaintiffs are also challenging the inadequacy of funding for programs and services for at-risk students, English language learners, students with disabilities, gifted and talented students, transportation and capital construction. In addition, plaintiffs have made increased funding for preschool an important component of their case, claiming that "[p]reschool and full-day kindergarten programs are necessary to assure all at-risk students an opportunity for quality education" under the State constitution, state school reform laws, and the federal No Child Left Behind Act.

The complaint further alleges that two provisions in the Colorado Constitution prevent the state and school districts from raising and expending the funds necessary to provide a constitutionally adequate education: the Taxpayers Bill of Rights, or TABOR, which limits by formula the amount of money the state and local governments can collect each year and requires voter approval for any new taxes; and the Gallagher Amendment, which ties the assessed valuation of residential property to that of non-residential property and has resulted in a depressed property tax base in many school districts.

In February 2006, the trial court entered an order granting the state's motion to dismiss the case. The court held:

1. Amendment 23 to the state constitution, which sets a minimum level of state funding for pre-K through grade 12 education (annual growth by the
   rate of inflation plus one percent), is consistent with the goals of the education clause.
2. The state constitution grants the General Assembly exclusive authority to set education appropriations and determine educational adequacy, thereby precluding the court from exercising jurisdiction.
3. Local school districts are political subdivisions of the state, and therefore lack standing to challenge a statute that directs their performance.
4. Plaintiffs' claim that the funding system violates the state constitutional requirement of uniformity of taxes was without merit because local school districts, not the state, set school tax levies.

The plaintiffs have appealed this dismissal to the state Court of Appeals.

Statutes, Regulations and Guidance Documents on State Preschool Program

Colorado Revised Statutes (C.R.S.) § 22-28-101 et seq., Colorado Preschool and Kindergarten Program Act

Colorado Revised Statutes (C.R.S.) § 22-54-103(9.5), School Finance Act of 1994 (calculation of pupil enrollment) 

Colorado Code of Regulations (C.C.R.) Chapter 301-32, § 2228-R.100 et seq., Amended Rules for the Administration of the Colorado Preschool Program Act

See also Colorado Department of Education, Colorado Preschool Program: Handbook 2006-07 (cited below as "Handbook").

C.R.S. § 22-28-102.

(1) The general assembly hereby finds, determines, and declares that there are substantial numbers of children in this state entering kindergarten and the primary grades who are not adequately prepared to learn. The general assembly further finds that early school failure may ultimately contribute to such children dropping out of school at an early age, failing to achieve their full potential, becoming dependent upon public assistance, or becoming involved in criminal activities. By enacting this article, the general assembly acknowledges the need to adequately prepare all children to learn through preschool programs and full-day kindergarten in school districts with high dropout rates or low performance of children in kindergarten and primary grades. In establishing the programs, the general assembly encourages school districts and parents to work together to ensure that the children benefit from the programs.

(2) The general assembly intends to fully fund the state preschool and kindergarten program by increasing the number of children who may be served through the program over the 2006-07, 2007-08, and 2008-09 budget years.

Eligibility Criteria for State Preschool Program:

C.R.S. § 22-28-104 (1). ... The purposes of the [state preschool and kindergarten] program are:

   (a) To serve three-year-old, four-year-old, and five-year-old children who lack overall learning readiness due to significant family risk factors, who are in need of language development, or who are receiving services from the department of human services pursuant to article 5 of title 26, C.R.S., as neglected or dependent children and who would benefit from participation in the state preschool and kindergarten program;

C.R.S. § 22-28-106.

(1)(a) The state board shall establish, by rule, criteria for each school district to use in determining which children in the school district shall be eligible for participation in the district preschool and kindergarten program, subject to the following requirements:

   (I) A child who is three, four, or five years old and meets the criteria specified in subparagraphs (II) to (IV) of this paragraph (a) and any other criteria established by rule may participate in the district preschool and kindergarten program.

   (II) No child shall participate in the district preschool and kindergarten program unless the child lacks overall learning readiness due to significant family risk factors, is in need of language development, including but not limited to the ability to speak English, or is receiving services from the department of human services pursuant to article 5 of title 26, C.R.S., as a neglected or dependent child; except that no child who is three years of age shall participate in the district preschool and kindergarten program unless the child lacks overall learning readiness that is attributable to at least three of the significant family risk factors.

   (III) No child shall participate in the district preschool and kindergarten program unless one or both of his or her parents agree to assume all the parental responsibilities established by the school district pursuant to section 22-28-110 with respect to the program.

   (IV) Any child qualifying for similar district services under other programs would continue to be eligible only for such services and would be funded under such programs.

   (a.5) For purposes of this article, "significant family risk factors" means any of the following:

   (I) The child is eligible to receive free or reduced-cost lunch pursuant to the provisions of the federal "National School Lunch Act," 42 U.S.C. § 1751 et seq.;

   (II) Homelessness of the child's family;

   (III) An abusive adult residing in the home of the child;

   (IV) Drug or alcohol abuse in the child's family;

   (V) Either parent of the child was less than eighteen years of age and unmarried at the time of the birth of the child;

   (VI) The child's parent or guardian has not successfully completed a high school education or its equivalent;

   (VII) Frequent relocation by the child's family to new residences; or

   (VIII) Poor social skills of the child.

   (b) The department may establish criteria so that any or all of the following may be considered:

   (I) The educational background of the child's parents or other family members, including but not limited to the number of years of education, attendance record, and academic performance; and

   (II) The self-confidence of the child and the ability of the child to take part in social activities.

C.R.S. § 22-28-105(2).  The district advisory council shall:

. . . (e.9) Define any student eligibility criteria specific to the population of the individual community that are in addition to the criteria listed in section 22-28-106 (1) (a) . . . .

C.C.R. 301-32, § 2228-R. 5.00.

5.01 In order to be considered for eligibility, children must be 3, 4 or 5 years old. Four or five year olds must be eligible for kindergarten the following year and are not eligible for participation in the program for more than one year. Three year olds must lack school readiness that is attributable to at least three risk factors. Three year olds may participate in CPP as a four year old if they meet the eligibility requirements. It is the responsibility of kindergartens to be ready and serve all children who are eligible by birthdates established by the local education agency.

5.02 The local education agency is responsible for assuring that the children counted for funding in Colorado Preschool Program are eligible for participation. The Act established eligibility criteria that includes the following factors:

(1) The presence of significant family risk factors that relate to a child's development. These risk factors include the following:

(a) an abusive adult residing in the home of the child

(b) Either parent of the child was less than eighteen years of age and unmarried at the time of the birth of the child.

(c) The child is eligible to receive free or reduced-cost lunch pursuant to the provisions of the federal "National School Lunch Act", 42 U.S.C. SEC. 1751 ET SEQ.;

(d) The child's parent or guardian has not successfully completed a high school education or its equivalent.

(e) frequent relocation by the child's family to new residences

(f) homelessness of the child's family

(g) poor social skills of the child

(h) drug and/or alcohol abuse in the CHILD'S family

(2) The child is in need of language development, including but not limited to the ability to speak English.

5.03 Children are eligible if they are receiving services from the State Department of Social Services pursuant to Article 5 of Title 26, C.R.S., as neglected or dependent children.

C.R.S. § 22-28-104(4).

(a) Subject to the limitations in paragraph (b) of this subsection (4), the per pupil operating reimbursement provided to any school district that participates in the preschool portion of the state preschool and kindergarten program shall be increased to allow a single child to enroll in the preschool portion of the program using two positions so that the child may attend a full day of preschool.

(b) For the 2006-07 budget year and budget years thereafter, the department shall allow school districts to apply for authorization to serve no more than five percent of the total number of children authorized to participate in the state preschool and kindergarten program pursuant to paragraph (a) of subsection (2) of this section through a full-day preschool portion of the district's preschool and kindergarten program. The department, using established criteria, may select qualified school districts to participate in and serve children through a full-day preschool portion of the district's preschool and kindergarten program. Notwithstanding any other provision of law, the department shall not grant waivers that would allow more than a total of five percent of the total number of children authorized to participate in the state preschool and kindergarten program pursuant to paragraph (a) of subsection (2) of this section to be served through the full-day preschool portion of all district preschool and kindergarten programs statewide.

C.R.S. § 22-28-108(b)(III).

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.

C.R.S. § 22-28-111(1)(a).

Any school district that establishes a district preschool and kindergarten program may coordinate the program with extended day services if the district advisory council and the school district find that there exists a need for the services. The services may be coordinated by the school district through one or more privately funded child care centers or publicly funded early childhood education agencies or through the school district itself.

C.C.R. 301-32, § 2228-R. 6.04(2).

Classes are to be held for four half days per week or the equivalent. The remaining one-half day is to be used for home visits, staff development, or planning.

C.R.S. § 22-28-107.

[T]he school district shall submit a proposal for the implementation of its district preschool and kindergarten program, which shall include, but need not be limited to, the following information requested by the department:

... (b) Whether the district preschool and kindergarten program will be a nine-month or twelve-month program;

Handbook, p. 5. Priority is given in the selection process to those districts that can:  create a full day, quality care and education program through existing resources...

Handbook, p. 23. District advisory councils should make every effort to identify sites that are able to provide full-day, full year services to meet the needs of working parents.

Scope of State's Responsibility to Provide Preschool:

C.R.S. § 22-28-104.

(1) There is hereby established a state preschool and kindergarten program. . . . The purposes of the program are:

    ... (b) To determine the school districts in which participation in the state preschool and kindergarten program would be the most beneficial;

(2) (a) For the 2006-07 budget year and each budget year thereafter, fourteen thousand three hundred sixty children may annually participate in the state preschool and kindergarten program.

(b) For the 2006-07 budget year and budget years thereafter, the department shall allow school districts to apply to the department for authorization to serve no more than fifteen percent of the total number of children authorized to participate in the state preschool and kindergarten program pursuant to paragraph (a) of this subsection (2) through a full-day kindergarten portion of the district's preschool and kindergarten program.

… (4) (a) Subject to the limitations in paragraph (b) of this subsection (4), the per pupil operating reimbursement provided to any school district that participates in the preschool portion of the state preschool and kindergarten program shall be increased to allow a single child to enroll in the preschool portion of the program using two positions so that the child may attend a full day of preschool.

(b) For the 2006-07 budget year and budget years thereafter, the department shall allow school districts to apply for authorization to serve no more than five percent of the total number of children authorized to participate in the state preschool and kindergarten program pursuant to paragraph (a) of subsection (2) of this section through a full-day preschool portion of the district's preschool and kindergarten program. The department, using established criteria, may select qualified school districts to participate in and serve children through a full-day preschool portion of the district's preschool and kindergarten program. Notwithstanding any other provision of law, the department shall not grant waivers that would allow more than a total of five percent of the total number of children authorized to participate in the state preschool and kindergarten program pursuant to paragraph (a) of subsection (2) of this section to be served through the full-day preschool portion of all district preschool and kindergarten programs statewide.

C.R.S. § 22-28-107.

(1) . . . [A]ny school district may apply to the department for participation in the state preschool and kindergarten program. . . .

(2) The state board shall establish, by rule, criteria for determining which school districts shall be eligible for participation in the state preschool and kindergarten program. The state board may consider any or all of the following:

   (a) The number of eligible children to be served by the district preschool and kindergarten program;

   (b) The number of schools in the school district or the number of head start agencies or child care agencies that would be involved in the district preschool and kindergarten program;

   (c) The dropout rate of the school district;

   (d) The test scores of children in kindergarten and the primary grades within the school district;

   (e) The community involvement in the school district; and

   (f) The demographic and geographic distribution of school districts making application for or participating in the state preschool and kindergarten program throughout the state.

(3) The department shall evaluate each school district's application, using the criteria established pursuant to subsection (2) of this section as well as the proposal of the school district for the implementation of the district preschool and kindergarten program based upon the criteria established pursuant to section 22-28-108. The department shall give priority to school districts with proposals that include exemplary plans for the coordination of the district preschool and kindergarten program with family support services, to school districts with proposals that indicate efforts to collaborate with public and private child care agencies located in the school district, and to school districts with proposals that demonstrate the greatest degree of community involvement . . . To comply with the limitations on the number of children that may participate in the state preschool and kindergarten program, the department shall set the maximum number of pupils in the district preschool and kindergarten program for each participating school district.

C.C.R. 301-32, § 2228-R. 3.01.

... The following criteria shall be used to select districts:

    ... (2) The need for the Colorado Preschool Program as demonstrated by the numbers of qualifying, unserved children;

   (3) The geographic location of the community;

   (4) The quality and comprehensiveness of the plan for coordinating the program with family support services for participating children and families;

   (5) The quality and comprehensiveness of the plan for involving the parent or parents of each child enrolled in the program;

C.R.S. § 22-28-102(2)

The general assembly intends to fully fund the state preschool and kindergarten program by increasing the number of children who may be served through the program over the 2006-07, 2007-08, and 2008-09 budget years.

C.R.S. § 22-28-104.

…(2)(a) For the 2006-07 budget year and each budget year thereafter, fourteen thousand three hundred sixty children may annually participate in the state preschool and kindergarten program.

(b) For the 2006-07 budget year and budget years thereafter, the department shall allow school districts to apply to the department for authorization to serve no more than fifteen percent of the total number of children authorized to participate in the state preschool and kindergarten program pursuant to paragraph (a) of this subsection (2) through a full-day kindergarten portion of the district's preschool and kindergarten program.

(3) A school district that participates in the state preschool and kindergarten program shall be entitled to count children enrolled in the district preschool and kindergarten program in accordance with the provisions of section 22-54-103 (9.5) for purposes of determining preschool and kindergarten program enrollment under the "Public School Finance Act of 1994", article 54 of this title.

(4) (a) Subject to the limitations in paragraph (b) of this subsection (4), the per pupil operating reimbursement provided to any school district that participates in the preschool portion of the state preschool and kindergarten program shall be increased to allow a single child to enroll in the preschool portion of the program using two positions so that the child may attend a full day of preschool.

(b) For the 2006-07 budget year and budget years thereafter, the department shall allow school districts to apply for authorization to serve no more than five percent of the total number of children authorized to participate in the state preschool and kindergarten program pursuant to paragraph (a) of subsection (2) of this section through a full-day preschool portion of the district's preschool and kindergarten program. The department, using established criteria, may select qualified school districts to participate in and serve children through a full-day preschool portion of the district's preschool and kindergarten program. Notwithstanding any other provision of law, the department shall not grant waivers that would allow more than a total of five percent of the total number of children authorized to participate in the state preschool and kindergarten program pursuant to paragraph (a) of subsection (2) of this section to be served through the full-day preschool portion of all district preschool and kindergarten programs statewide.

. . . (5) Nothing in this article shall be construed to:

(a) Require school districts to participate in the state preschool and kindergarten program; or

(b) Prohibit school districts from establishing and maintaining other preschool or kindergarten programs using any funds available for that purpose, but children enrolled in such other preschool or kindergarten programs shall not be counted for purposes of determining preschool and kindergarten enrollment or pupil enrollment under the "Public School Finance Act of 1994", article 54 of this title.

C.R.S. § 22-28-111(2).

The extended day services program [provided by a school district in coordination with its preschool program] shall be funded from fees charged to parents or from public or private funds, or from both. If the school district or the head start agency or child care agency providing the extended day services program meets eligibility requirements, it may seek and expend, on its own behalf or on behalf of the child's parents, public and private funds available for extended day services, including, but not limited to, social services funds, job training funds, and funds from private companies and charitable organizations.

C.R.S. § 22-28-111.5.

In coordinating a district preschool and kindergarten program with family support services and in establishing a parenting program as required by section 22-28-107 as a part of the proposal for the district preschool and kindergarten program, the school district is encouraged to apply for federal child care and development block grant funds and to seek support, advice, and technical and financial assistance from members of the community, from businesses, and from community and state agencies. In addition to other moneys available to the school district to fund the requirements of this section, the school district is authorized to seek and accept gifts, donations, or grants of any kind from any private source or from any governmental agency. All such gifts, donations, and grants shall be transmitted to the treasurer of the school district who shall credit the same to a special account in the school district general fund to be used solely to fund the requirements of this section.

C.R.S. § 22-55-105.

(1) In accordance with section 17 (5) of article IX of the state constitution, for state fiscal years 2001-02 through 2010-11, the general assembly shall annually appropriate from the general fund for total program under the "Public School Finance Act of 1994", article 54 of this title, an amount equal to the maintenance of effort base plus an amount as determined annually by the general assembly that is equal to at least five percent of the maintenance of effort base, unless Colorado personal income grows less than four and one-half percent between the two calendar years preceding the state fiscal year in which an appropriation is made.

(2) For purposes of this section, "maintenance of effort base" means the aggregate amount of general fund appropriations for total program pursuant to the "Public School Finance Act of 1994", article 54 of this title, for the immediately preceding state fiscal year, including: . . .

C.R.S. § 22-55-106.

(1) (a) For school district budget years 2001-02 through 2010-11, the general assembly shall annually increase the statewide base per pupil funding for public education from preschool through the twelfth grade by at least the rate of inflation for the calendar year ending in the immediately preceding school district budget year plus one percentage point.

Source of Funding for Preschool Program:

C.R.S. § 22-54-105(4).

For the 2001-02 budget year and any budget year thereafter, every district participating in the state preschool and kindergarten program pursuant to article 28 of this title shall budget an amount equal to the district's per pupil operating revenues multiplied by the district's preschool and kindergarten enrollment as defined in section 22-54-103 (9.5). The budgeted amount shall be allocated to the preschool and kindergarten program fund created in section 22-45-103 (1) (g) and expended in accordance with said paragraph (g). Any moneys in the fund that are not projected to be expended during a budget year shall be budgeted for the district's preschool and kindergarten program in the next budget year.

C.R.S. § 22-54-106.

(1) (a) (I) Every district shall levy . . . [property tax formula] shall be the district's share of its total program.

  ... (b) Except as provided in subsections (8) and (11) of this section, the state's share of a district's total program shall be the difference between the district's total program and the district's share of its total program . . .

C.R.S. § 22-54-104.

(1) For every budget year, the provisions of this section shall be used to calculate for each district an amount that represents the financial base of support for public education in that district. Such amount shall be known as the district's total program. The district's total program shall be available to the district to fund the costs of providing public education . . .

Scope of Child's Right to Attend Preschool:

No statutory provisions.

Curriculum Content Standards for Preschool Program:

C.C.R. 301-32, § 2228-R. 6.04(3).

Learning Plans. Each child shall have an individual learning plan. The plan shall include identification of the child's needs in the following areas:

(a) language

(b) cognition

(c) gross motor

(d) fine motor

(e) social skills/self-esteem.

Note: The Colorado Department of Education has developed "Building Blocks to Colorado's Content Standards" for mathematics and reading and writing, which describe "experiences and interactions" preschoolers need to develop the foundation for attaining the state's learning standards. They are not comprehensive preschool curriculum standards.

Teacher Certification/Qualification Standards for Preschool Program:

C.R.S. § 22-28-108.

   . . . (3)  In establishing criteria for district preschool and kindergarten 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.

C.C.R. 301-32, § 2228-R. 6.00.

6.06 Teacher skills are the key element to the delivery of services. The Act does not require a teacher to be certified in early childhood care and education because of the differing requirements in Head Start, private childcare and public schools.  It is necessary, however, to insure that the teacher has the appropriate skills necessary to teach young children. Any teacher must be able to show that they have received education credits in the field of early childhood. This can be done through a portfolio that demonstrates knowledge in:

(1) Early childhood development;

(2) Applying developmentally appropriate practice in the classroom (National Association for the Education of Young Children);

(3) Knowledge of multicultural education;

(4) Understanding parents partnerships.

6.07 If the teacher cannot demonstrate skills in the above areas, they must be supervised by someone who can and they must be making progress in the areas of need as part of their staff development.

Other Quality Standards for Preschool Program:

C.R.S. § 22-28-108.

(1)(a) The department shall establish basic program standards for district preschool and kindergarten 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.; except that a full-day kindergarten component of a district preschool and kindergarten program need not be in compliance with such rules.

   (b) The state board shall establish, by rule, criteria for school districts to use in establishing district preschool and kindergarten programs, subject to the following requirements:

   (I) The maximum number of pupils in a district preschool and kindergarten program shall not exceed the number set by the department pursuant to section 22-28-107 (3).

   (II) The maximum number of pupils in a preschool class shall not exceed fifteen.

   (III) 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.

   (IV) 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.

C.R.S. § 22-28-110.

In establishing criteria for district preschool and kindergarten programs pursuant to the provisions of section 22-28-108, the state board shall include guidelines for a school district to follow in establishing the responsibilities of parents in the district preschool and kindergarten program. The responsibilities shall be set forth in writing and provided to the parents of eligible children. Approved written or verbal communication between the parent and program personnel may be considered as fulfillment of responsibilities for program visitation. No child shall be accepted in the district preschool and kindergarten program unless one or both of the parents agree to assume the responsibilities, and failure of the parent or parents to fulfill the responsibilities shall result in the child's being dismissed from the district preschool and kindergarten program.

C.C.R. 301-32, § 2228-R. 6.00.

6.02  The Colorado General Assembly has determined in that all Colorado Preschool Programs must comply with the Colorado rules and regulations for child care centers promulgated by the Department of Social Services pursuant to section 26-6-106, C.R.S. Full-day kindergarten programs funded by the Colorado Preschool Program are not required to be in compliance with these rules.

6.03 The Act requires the Colorado Department of Education to set program standards using nationally accepted standards. The State Board of Education shall approve the Colorado Department of Education Quality Standards for Early Childhood Services program standards. Furthermore, the Colorado Department of Education strongly encourages that all programs receiving funds under the Act be accredited by the National Association for the Education of Young Children.

   6.04 (1) Class size. The maximum number of pupils in a district preschool program shall not exceed fifteen. The adult child ratio is one to eight. An adult can be a paraprofessional, a parent, a speech/language therapist, a senior citizen or other appropriate adult figure. . . .

Note: As directed by the legislature, Colorado has developed quality standards, although they remain in draft form, Colorado Quality Standards for Early Childhood Care and Education Services, CDE, November 1994. The standards, which are not available electronically, cover the following areas:

• Interaction among staff and children;
• Curriculum;
• Family/staff partnership;
• Staff qualifications and development;
• Administration;
• Staffing patterns;
• Role and function of the teaching team;
• Physical environment;
• Health and safety;
• Nutrition and food service;
• Evaluation.

Delivery of Preschool Services:

C.R.S. § 22-28-105.

(1) (a) Any school district wishing to participate in the state preschool and kindergarten program shall establish a district preschool and kindergarten program advisory council consisting of the superintendent of the school district or his or her designee and such other members as the superintendent of the school district may appoint pursuant to paragraph (b) of this subsection (1).

(b) The appointed members of the district advisory council shall include, but shall not be limited to, the following:

(I) Two parents of children in the district preschool and kindergarten program;

(II) Two members of the business community; and

(III) Representatives from the following:

(A) The county or district department of health;

(B) The county department of social services;

(C) The county agency involved in job services and training;

(D) Publicly funded early childhood education agencies located in the school district; and

(E) Privately funded child care centers located in the school district.

(d) The board of education shall have final responsibility for submittal of the application to participate in the state preschool and kindergarten program and for operation and maintenance of the preschool and kindergarten program within the school district. No action taken by the district advisory council shall be final until approved by the board of education.

(2) The district advisory council shall:

(a) Develop and recommend to the board of education the school district plan for identifying those children in the school district that would be eligible for participation in the district preschool and kindergarten program based upon the criteria established in section 22-28-106(1)(a).

(a.3) Study and assess the need for establishing a district preschool and kindergarten program in the school district and upon completion of such assessment, submit a request for proposals to any privately funded child care center and publicly funded early childhood education agency. The request for proposals shall state the criteria and guidelines established by the department for determining the eligibility of children to participate in a district preschool and kindergarten program, for district preschool and kindergarten programs, and for parental involvement in a district preschool and kindergarten program. At least once every five years, the district advisory council shall assess whether alternative community providers are available and shall ensure the highest quality service delivery at the lowest cost.

(a.5) Review and evaluate proposals received pursuant to paragraph (a.3) of this subsection (2) and annually submit a list to the board of education of the head start agencies or public and private child care agencies that are licensed by the department of human services and are in good standing whose proposals meet or exceed the criteria and guidelines specified in said paragraph (a.3) and are designated as eligible for participation in the district preschool and kindergarten program, including the number of district preschool and kindergarten children each agency will be eligible to serve under the program;

(b) Recommend to the board of education a plan for operating the district preschool and kindergarten program, including whether the program should be provided by the school district itself or provided, in whole or in part, by a head start agency or by child care agencies under contract with the school district;

... (e) Develop and recommend to the board of education, if appropriate, a plan for coordinating the district preschool and kindergarten program with extended day services for children participating in the program and their families in order to achieve an increased efficiency in the services provided;

C.R.S. § 22-28-103.

As used in this article (Colorado Preschool Program Act)…:

…(2) "Child care agency" means a facility defined as a child care center pursuant to the provisions of section 26-6-102(1.5) (Human Services Code).

C.R.S. § 26-6-102.

…(1.5) "Child care center" means a facility, by whatever name known, that is maintained for the 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. The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and centers for developmentally disabled children and those facilities that give twenty-four-hour care for children and includes those facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades or operated as a component of a school district's preschool and kindergarten program operated pursuant to article 28 of title 22, C.R.S. The term shall not include any facility licensed as a family child care home or foster care home.

C.R.S. § 22-28-109.

(1) The state recognizes that there is significant value in using existing and established infrastructure through a head start agency or child care agencies, where available, for the provision of a district preschool and kindergarten program. The board of education of any school district may and is encouraged to provide that the district preschool and kindergarten program be contracted out, in whole or in part, to a head start agency or one or more child care agencies located in the school district if the provisions of this section are satisfied. In making its determination on whether to contract out the district preschool and kindergarten program, the board of education shall consider the recommendation of the district advisory council along with the following:

   (a) Whether there is an established preschool program being provided by the school district or by a head start agency or one or more child care agencies that could be expanded or modified to include the district preschool and kindergarten program;

   (b) Whether the district preschool and kindergarten program could be provided more efficiently by a head start agency or one or more child care agencies while still maintaining a quality program;

   (c) Whether the head start agency or the child care agencies could provide a district preschool and kindergarten program that would meet the criteria established by the state board pursuant to the provisions of section 22-28-108 (1) and (2);

   (d) Whether the school district or the head start agency or child care agencies providing the district preschool and kindergarten program could also provide extended day services for children enrolled in the program in need of such services.

(2) No board of education shall contract out the district preschool and kindergarten program unless the board is assured that the head start agency or child care agency will provide a quality program meeting the requirements of section 22-28-108 (1) and (2). At any time during the year, the board may request from the agency any information about the program that the board deems necessary to ensure that the agency is complying with said requirements. In addition, the board of education shall ensure that the services provided by the head start agency or child care agency with respect to the district preschool and kindergarten program shall be in addition to services then currently provided by said agency and that the moneys transmitted to said agency for the services provided in the district preschool and kindergarten program shall not supplant moneys available to fund other services provided by said agency.

(3) If the district preschool and kindergarten program is contracted out pursuant to the provisions of subsection (1) of this section, the board of education and the head start agency or child care agencies shall develop a plan for the transition of children from the preschool portion of the program to kindergarten or to the kindergarten portion of the program, whichever is applicable, and from the kindergarten portion of the program to first grade.

C.R.S. § 22-28-111(1).

(1)(a) [E]xtended day services ... may be coordinated by the school district through one or more privately funded child care centers or publicly funded early childhood education agencies or through the school district itself.

   (b) Any extended day services provided pursuant to paragraph (a) of this subsection (1), regardless of whether provided by a school district, head start agency, or public or private child care agencies, shall meet the appropriate standards for licensing established by the department of human services pursuant to section 26-6-106, C.R.S.  . . .

C.C.R. 301-32, § 2228-R. 3.01.

It is the intent of the Colorado General Assembly and the Colorado State Board of Education to fund those districts that demonstrate a use of collaboration with the community in order to assure effective use of resources in the program. While the Colorado Preschool Program only funds a part time program, those districts that can create full day quality care and education through the use of existing resources, will be given preference in the selection process.  The following criteria shall be used to select districts:(1) The role of the advisory council in developing the proposal. This includes the extent to which the council reflects the mandated roles, is reflective of the community and is involved in the community needs assessment . . . .

Requirements for Student Assessment and Program Evaluation:

C.R.S. § 22-28-105(2). The district advisory council shall:
 
  . . . (e.10) Develop a district preschool and kindergarten program evaluation component specific to the school district program involved;

   . . . (f) Recommend to the board of education a plan for the annual evaluation of the district preschool and kindergarten program. . . .

C.R.S. § 22-28-107(4)(b). The department shall annually select a reasonable number of school districts that have implemented preschool and kindergarten programs pursuant to this article and shall conduct on-site visits to determine whether:

   (I) Each school district's screening process and the eligibility criteria for children participating in the district preschool and kindergarten program comply with all applicable state law;

   (II) The district advisory council established pursuant to section 22-28-105 complies with all applicable state law; and

   (III) The school district's quality assurance activities, evaluation efforts, and financial activities regarding the district preschool and kindergarten program comply with all applicable state law.

C.R.S. § 22-28-112.  By January 15, 2007, and by January 15 of each year thereafter, the department shall report to the education committees of the senate and house of representatives, or any successor committees, on the effectiveness of the state preschool and kindergarten program. The department is authorized to request from any participating school district such information and data as may be necessary to make such reports.

C.C.R. 301-32, § 2228-R. 4.00.

  . . . 4.05 This section addresses the design for this program evaluation including:

(1) child progress

(2) parent satisfaction

(3) the extent to which a comprehensive program is in place

(4) monitoring

   4.07 The District Council is also responsible for monitoring its programs that serve children funded by the Colorado Preschool Program. The elements of monitoring must address:

   (1) Compliance with all requirements of the Colorado Preschool Program;

   (2) The extent to which programs are meeting the standards of developmentally appropriate practice as established by the Colorado Department of Education Quality Standards for Early Childhood Services;

   (3) The degree to which parents are satisfied with their child's progress and their own involvement with the Colorado Preschool Program; 

   (4) The extent of the availability and use of additional services for the family.

   4.08 The council shall document its monitoring and evaluation findings and make them available to Colorado Department of Education as part of their year end report. Such information shall be used by Colorado Department of Education in making its report to the General Assembly as required by 22-28-112, C.R.S. Any needs identified through monitoring by the council shall result in recommendations for improvement to the participating programs.

C.C.R. 301-32, § 2228-R. 7.00.

7.01 The Colorado General Assembly requires the Colorado Department of Education to submit annually a report on the status of Colorado Preschool Program. The Colorado Department of Education shall use the information required in the annual reapplication for participation in the Colorado Preschool Program as the basis of that report. In addition, each district council is required to select methods for measuring and reporting child progress. Such methods may include portfolio assessment. Districts are discouraged from using standardized tests as a means of measuring progress. Colorado Department of Education may request a report on child progress from districts as part of the final report.

7.02 In addition, the Colorado Department of Education may require a report on parent involvement and year end satisfaction with the program. Colorado Department of Education will make any data collection requirements for the final report known to all participating districts by March of the program year.

Handbook, p. 9.  District advisory councils are required to make at least two on-site visits per year to all individual providers in their district that serve CPKP children.  The purpose of these visits is to monitor overall program compliance, and make recommendations for needed improvements.  The council should then follow up with recommendations for improvements and report on their monitoring and evaluation to CDE in the year-end reports.

Handbook, p. 20.  On a regular basis staff from CDE will visit districts that receive funding from the Colorado Preschool and Kindergarten Program.  The purposes of these visits will be to provide technical assistance to districts, as well as to determine if districts are complying with state law in the operation of their program.  Areas that the CDE staff will review include:

• The school district's screening procedure.
• The eligibility criteria used by programs for determining which children will be served by CPKP.
• The composition of the district council and its work.
• How the quality of the CPKP program is monitored.
• How the effectiveness of CPKP is evaluated.
• The financial activities regarding the preschool program.