8 Colo. Code Regs. § 1404-1-4.103

Current through Register Vol. 48, No. 1, January 10, 2025

Section 8 CCR 1404-1-4.103 - DEFINITIONS

A. "Additional preschool services" means hours of preschool services provided to a child in the year preceding enrollment in kindergarten that are in addition to the universal preschool services the child receives.

B. "Administrative unit" means a school district, a board of cooperative services, a multi-district administrative unit, a charter school network, a charter school collaborative, or the state charter school institute that is providing educational services to exceptional children and that is responsible for the local administration of the education of exceptional children pursuant to article 20 of title 22.

C. "Applicant 2" means an individual that resides in a family child care home and provides care regularly, in a recurring pattern and must have the same required training as the Primary Provider as specified in the "Rules Regulating Family Child Care Homes" located in 8 CCR 1402-1, rule section 2.304(A)(5).

D. "Child Find" means the program component of IDEA that requires states to find, identify, locate, evaluate, and serve all children with disabilities, from birth to twenty-one (21) years of age. Child Find includes:

(a) Part C child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from birth through two (2) years of age; and

(b) Part B child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from three (3) to twenty-one (21) years of age.

E. "Children with disabilities" has the same meaning as provided in section 22-20-103, C.R.S.

F. "Classroom" means the educational or instructional location used to support a preschool program by any Preschool Program provider, including schools, child care centers, family child care homes, or other approved Colorado Universal Preschool Program locations.

G. "Colorado Academic Standards" means the comprehensive set of academic standards across all content areas adopted by the State Board of Education pursuant to section 22-7-1005, C.R.S.

H. "Colorado Early Learning and Development Guidelines" means the set of guidelines across all early childhood domains endorsed by the early childhood leadership commission that includes approaches to learning, health and physical development, social and emotional development, language, literacy, numeracy, logic and reasoning, and other subject-specific learning.

I. "Colorado Shines Quality Rating and Improvement System (QRIS)" means the system developed by the Department pursuant to section 26.5-5-101, C.R.S., which measures the level of preparedness of, and quality of services provided by, an early childhood education program to prepare children to enter elementary school.

J. "Colorado Universal Preschool Program" or "Preschool Program" means the program established within the Department pursuant to section 26.5-4-204, C.R.S., and includes all participating preschool providers.

K. "Colorado's Competencies for Early Childhood Educators and Professionals" means the set of content areas, or domains, that describe the knowledge and skills early childhood educators need to work effectively with children, and are updated, maintained, and published by the Department.

L. "Cooperative Preschool Provider" means an eligible preschool provider which requires participating families to be meaningfully involved in the operation of the cooperative and which is at least substantially operated, maintained, or administered by participating families.

M. "Department" means Colorado Department of Early Childhood.

N. "ECEA" means the "Exceptional Children's Educational Act", Article 20 of Title 22, and its implementing rules.

O. "Early childhood mental health program" means a program which supports the mental wellness of children, or promotes the knowledge, ability, and capacity of individuals who support the mental wellness of children to address and enhance the social, emotional, cognitive, or behavioral developmental needs of children, including children aged birth to six (6).

P. "Early learning and assessment approach" means the eligible preschool provider's chosen methods for selecting, planning, and implementing activities; observing; documenting; and monitoring designed to support children's learning and development, in alignment with the Colorado Early Learning and Development Guidelines, and includes curricula and other pedagogical methods.

Q. "Eligible child" means a child who is eligible to receive preschool services as provided in section 26.5-4-204(3), C.R.S.

R. "Eligible preschool provider" means a preschool provider that is actively participating in the Colorado Universal Preschool Program and in good standing with the Department. As used in this context, "good standing" means that the preschool provider has either a permanent, provisional, or probationary license issued by the Department, as those terms are defined and used in 8 CCR 1402-1, rule sections 2.107, 2.108, and 2.109.

S. "Equally qualified provider" means an employee of a family child care home that has the same required trainings and qualifications as the primary provider as specified in the "Rules Regulating Family Child Care Homes" located in 8 CCR 1402-1, rule section 2.304(A)(29).

T. "Federal Poverty Level" (FPL) or "Federal Poverty Guidelines" (FPG) refers to figures set by the federal government annually. These figures, based on gross monthly income levels for the corresponding household size, are included in the table in rule section 4.105(A).

U. "Foster care home" has the same meaning as provided in section 26-6-903(10), C.R.S.

V. "Full-day" means thirty to forty (30 to 40) hours of preschool service per week.

W. "Half-day" means fifteen to twenty (15 to 20) hours of preschool service per week.

X. "Head Start program" means a program operated by a local public or private nonprofit agency designated by the federal department of health and human services to operate a head start program pursuant to the provisions of Title V of the federal "Economic Opportunity Act of 1964", as amended.

Y. "IDEA" means the federal "Individuals with Disabilities Education Act", 20 U.S.C. sections 1400 through 1491, as amended, and its implementing regulations at 34 C.F.R. Parts 300 and 303 (2023), herein incorporated by reference. No later editions or amendments are incorporated. These regulations are available at no cost from the United States Department of Education at www.ecfr.gov. These regulations are available for public inspection and copying at the Colorado Department of Early Childhood, 710 S. Ash St., Denver, CO 80246, during normal business hours.

Z. "Individualized Education Program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with part 1 of article 20 of title 22, C.R.S., and the rules promulgated by the Colorado State Board of Education.

AA. "Instructional supervisor" means the employee who is responsible for the direct supervision of an employee who is required to meet the ongoing professional development requirement of rule sections 4.114(B) and (C), and who as part of that direct supervision is responsible for overseeing the delivery of instruction or related services. For an eligible preschool provider who is a family child care home, the instructional supervisor shall mean the primary provider. For an eligible preschool provider who is a child care center (including a large child care center, small child care center, preschool, mobile part-day preschool program, or a combination thereof), the instructional supervisor shall mean the director of the child care center who is qualified and designated as the director as specified in 8 CCR 1402-1 rule sections 2.214, 2.215, 2.217 and 2.243, and also includes any other supervisory staff who meet this definition.

BB. "Lead teacher" means the employee of an eligible preschool provider that is primarily assigned to a Preschool Program classroom and responsible for delivering instruction or leading activities. A "lead teacher" means:

1. The primary provider of a family child care home; or

2. The early childhood teacher (as specified in 8 CCR 1402-1 rule section 2.216(A)) of a large child care center, small child care center, preschool, or mobile part-day preschool program as those terms are defined in rule section 2.204(B), who is responsible for delivering instruction or leading activities in their primarily assigned Preschool Program classroom.

CC. "Low-income" means that the child's parent or guardian's gross income must not exceed 270% of the Federal Poverty Guideline (FPG).

DD. "Multilingual" means a child who is learning two (2) or more languages at the same time, or a child who is learning a second (2nd) language while continuing to develop their first (1st) language.

EE. "Noncertified kinship care" means a child is being cared for by a relative or kin pursuant to 19-1103(102), C.R.S., who has a significant relationship with the child in circumstances when there is a safety concern by a county department of human or social services and where the relative or kin has not met the foster care certification requirements for a kinship foster care home or has chosen not to pursue that certification process.

FF. "Parent" has the same meaning as provided in section 22-20-103, C.R.S.

GG. "Part-time or slot" means ten (10) hours of preschool service per week.

HH. "Primary provider" means the person that resides in a family child care home and provides direct care, supervision, and education to child(ren) in care for at least sixty percent (60%) of the daily hours of operation of the family child care home.

II. "Preschool provider" means any of the following entities that are licensed pursuant to part 3 of article 5 of this title 26.5:

1. A family child care home, as defined in section 26.5-5-303, C.R.S.;

2. A child care center, as defined in section 26.5-5-303, C.R.S.;

3. A school district licensed to operate as a public preschool provider;

4. A charter school licensed to operate as a public preschool provider; or

5. A head start program.

JJ. "Preschool services" means instructional and educational services provided to an eligible child by an eligible preschool provider pursuant to the Colorado Universal Preschool Program.

KK. "Qualifying factor" means a child or family circumstance, as identified by department rule pursuant to section 26.5-4-204(4)(a)(II), C.R.S., that may negatively impact a child's cognitive, academic, social, physical, or behavioral health or development.

LL. "Qualified substitute" means a substitute provider of a family child care home that has all required trainings and qualifications as determined in the Department's "Rules Regulating Family Child Care Homes" located in 8 CCR 1402-1 rule section 2.304(A)(71).

MM. "Resource Bank" means the collection of preschool curricula and other approved educational approaches, toolkits, self-assessments, templates, training, and other resources for use by participating preschool providers that is created, administered, and updated by the Department pursuant to section 26.5-4-205(3), C.R.S.

NN. "School District" means a school district organized pursuant to article 30 of title 22, C.R.S., that provides preschool services and is licensed pursuant to part 3 of article 5 of title 26.5, C.R.S., as a preschool provider; or a board of cooperative services organized pursuant to article 5 of title 22, C.R.S., that provides preschool services and is licensed pursuant to part 3 of article 5 of title 26.5, C.R.S., as a preschool provider.

OO. "School year" means the full school year as defined by the local school board of education.

PP. "Short term basis" means work performed in place of a regular staff member or volunteer who is unable to work their normally scheduled work hours due to a planned or unplanned event that requires the regular staff member or volunteer to be on leave for no more than two (2) calendar weeks and exclusively includes work performed by an assistant early childhood teacher providing substitute services under 8 CCR 1402-1 rule section 2.216(F)(2), or a public school substitute providing services under 8 CCR 1402-1 rule section 2.243(C).

QQ. "Sibling" means one (1) or more individuals having one (1) or both parents in common.

RR. "Staff aide" means an individual who assists the primary provider in a family child care home in the care of children at the family child care home. A staff aide must never be allowed to supervise a child(ren) alone. The primary provider, applicant 2, equally qualified provider, or qualified substitute provider must be present at all times when the staff aide is providing care for a child(ren).

SS. "Substitute" means a paid, volunteer, or contract individual of a family child care home responsible for caring for the children in the capacity of the employee, staff aide, or staff member. The primary provider, applicant 2, equally qualified provider, or qualified substitute must always be present at all times when a substitute is providing care for children.

TT. "Universal preschool services" means ten (10) hours of preschool services per week made available, at no charge, to children in the state during the school year preceding the school year in which a child is eligible to enroll in kindergarten.

8 CCR 1404-1-4.103

45 CR 20, October 25, 2022, effective 9/29/2022

45 CR 24, December 25, 2022, effective 11/21/2022

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 04, February 25, 2023, effective 3/17/2023

47 CR 04, February 25, 2024, effective 1/22/2024, exp. 5/21/2024 (Emergency)

47 CR 06, March 25, 2024, effective 4/14/2024

47 CR 08, April 25, 2024, effective 5/15/2024

47 CR 12, June 25, 2024, effective 5/16/2024, exp. 9/13/2024 (Emergency)

47 CR 15, August 10, 2024, effective 8/30/2024

47 CR 24, December 25, 2024, effective 1/14/2025