C.R.S. § 26.5-2-206: Early childhood councils - duties.

(1) Each early childhood council has, at a minimum, the following duties and functions:

(a) To apply for early childhood funding pursuant to section 26.5-2-207;

(b) To increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for children five years of age or younger and their parents. To this end, each council shall develop and execute strategic plans to respond to local needs and conditions.

(c) Repealed.

(d) To report annually the results of the accountability measurements defined in subsection (1)(c) of this section;

(e) To select a fiscal agent to disburse funds and serve as the employer of the council director, once hired. The fiscal agent may or may not be a county.

(f) To develop and implement a community strategic plan as described in section 26.5-2-204 and regularly share information about progress on accountability metrics with the department; and

(g) To actively attempt to inform and include small or under-represented early childhood service providers in early childhood council activities and functions.

(2) (a) Beginning on or before July 1, 2026, a council, in partnership with the department, shall create a scope of work for the council and annually review the scope of work and revise it if necessary.

(b) Contemporaneously with reviewing the scope of work, the council, in partnership with the department, shall annually review accountability metrics associated with the scope of work, and revise them if necessary, to ensure they align with the revised scope of work.

(3) Beginning on or before July 1, 2026, each council shall, consistent with the council's scope of work, implement its community strategic plan.

(4) Each council shall:

(a) Support the availability of high-quality early childhood care and education for all children, including supporting access to training and support for members of the early childhood workforce in all settings, including informal or license-exempt providers;

(b) Monitor the availability of high-quality early child care and education programs within the community, and, as appropriate, work to increase that availability over time to better meet family and community needs;

(c) Support public and private providers in recruiting, developing, and retaining within the community a quality early childhood workforce;

(d) Work with providers in the community and enter into data-sharing agreements as necessary to ensure the collection and reporting of accountability metrics to the department, as required by department rules, in a manner that minimizes duplication and the burden on families and providers and ensures compliance with all applicable data privacy and security protections;

(e) Work in coordination with county departments and tribal agencies and local community-based organizations to integrate outreach for early childhood and family support programs and services with other efforts to provide holistic services for families, including food, cash assistance, and health care;

(f) Comply with department rules, if any, in implementing the council's community strategic plan and carrying out the council's duties;

(g) Comply with any statutory auditing requirements that apply to the council or, if the council is not otherwise required by statute to undergo an annual financial audit, contract for the performance of an annual financial audit or financial review of the operations of the council by an independent auditor; and

(h) Comply with any other provisions included in the agreement entered into between the council and the department pursuant to subsection (5)(a) of this section.

(5) To support partnership and mutual accountability between early childhood councils and the department, the department shall:

(a) Enter into an agreement with each early childhood council that is based on the council's community strategic plan and department goals and that specifies the respective duties of the early childhood council and the department in implementing the council's community strategic plan. An agreement is not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. The term of the initial agreement for an early childhood council is three years, and subsequent agreements must have terms of at least three but not more than five years, as determined by the department. The agreement, at a minimum, must include:

(I) A scope of work for the council created in partnership with the council that is responsive to local community needs; contributes to collective outcomes; promotes the shared goals of the early childhood Colorado framework and the department of early childhood's statewide strategic plan; and reflects expectations, targets, and accountability metrics, in alignment with the council's community strategic plan and statewide goals for the provision of early childhood and family support programs and services in Colorado, taking into consideration available appropriations; and

(II) The amount of any payment that the council receives from the department to cover indirect costs during the term of the agreement.

(b) Distribute and administer public funding for early childhood and family support programs and services in accordance with agreements 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 council through the council's agreement;

(c) Support early childhood councils by providing funding, training, and technical assistance, including training and technical assistance for the use of required technology systems, regular and as-needed collaborative support, and, where feasible, assistance in implementing community strategic plans;

(d) Identify successful strategies and innovations implemented by early childhood councils throughout the state and provide information, by posting information on the department website or by another means, to assist early childhood councils in replicating and adapting the strategies and innovations in their communities; and

(e) Commit to working with each early childhood council in partnership to deliver services for children and families. The department's commitments in the partnership include, but are not limited to:

(I) Clear and frequent communication, including regular recommendations to support the smooth functioning of the partnership;

(II) Timely resolution of issues and disputes;

(III) Maintaining a clear chain of command that offers a council opportunities to connect directly with program specialists and department leadership; and

(IV) Maintaining timely contracting, invoicing, and reimbursement in accordance with the terms of the agreement.