C.R.S. § 26.5-2-208.5: Early childhood councils - performance review and accountability - rules - report.

(1) (a) The executive director shall adopt rules establishing a process that satisfies the requirements of this section to review the performance of each council. Beginning on or before July 1, 2027, the department shall implement the review process established in rule by which the department at least annually reviews the performance of each council in serving the council's community, including implementing the approved community strategic plan and scope of work. During the review process, the department shall, at a minimum:

(I) Review the council's performance under the agreement using the accountability metrics established with the scope of work; and

(II) At intervals ranging from three to five years, as determined by the department, solicit input from families; providers; members of the early childhood workforce; local and tribal agencies; local governments; administrative units, as defined in section 22-20-103; head start agencies; family resource centers, as defined in section 26.5-3-102; county departments of human or social services; and other interested persons within the community concerning the performance of the early childhood council.

(b) (I) If the department determines that the council is not meeting the requirements of the scope of work and accountability metrics contained in the agreement, or is not performing at the level required to successfully implement the community strategic 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, then the department may require the council to implement a performance improvement plan.

(II) The department shall provide ongoing technical assistance, support, and feedback to the council as the council implements a performance improvement plan.

(III) If the department determines that the council has failed to make substantial progress toward addressing the issues identified in the performance improvement plan within the time frame identified in the plan, the department shall terminate the council's agreement. On or before July 1, 2027, the executive director shall adopt rules governing the process for terminating an agreement.

(IV) On or before July 1, 2027, the executive director shall adopt rules establishing objective, measurable criteria that the department shall apply in requiring a council to implement a performance improvement plan.

(2) If a council has failed to meet the requirements of the scope of work and accountability metrics contained in the agreement, the department shall notify the board or boards of county commissioners that designated the convening entity pursuant to section 26.5-2-203 (3). The executive director shall adopt rules addressing the process for a board or boards of county commissioners to appoint a new convening entity if the department terminates an agreement due to a council's performance issues. The rules must also address how, for any area within the state for which a council is not established, or for which an existing council is not fully capable of implementing all aspects of the community strategic plan, the department will ensure, to the greatest extent possible, continuity of the delivery of services required pursuant to this part 2 for the area, until a council is established or an existing council is fully capable of implementing all aspects of the community strategic plan.

(3) Beginning in January 2028, and in January every year thereafter, the department shall include, as part of its presentation during its "SMART Act" hearing required by section 2-7-203, information concerning councils' progress toward achieving accountability metrics as shared with the department pursuant to section 26.5-2-206 (1)(f).