Statutes, codes, and regulations
Colorado Administrative Code
Department 1400 - Department of Early ChildhoodDivision 1404 - Colorado Universal Preschool Program
Rule 8 CCR 1404-1 - UNIVERSAL PRESCHOOL PROGRAM RULES AND REGULATIONS
Section 8 CCR 1404-1-4.109 - GENERAL REQUIREMENTS AND PROVISIONS

8 Colo. Code Regs. § 1404-1-4.109

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Current through Register Vol. 47, No. 10, May 30, 2024
Section 8 CCR 1404-1-4.109 - GENERAL REQUIREMENTS AND PROVISIONS
A. Beginning July 1, 2024, and continuing thereafter, all eligible preschool providers must meet the following minimum requirements as a condition of participating in the Preschool Program:
1. The minimum number of planned teacher-pupil contact hours of instructional services scheduled to be delivered by an eligible preschool provider for all students enrolled in the Preschool Program shall not be less than three-hundred and sixty (360) hours per school year.
a. When fulfilling this requirement, eligible preschool providers may take into consideration the number of available teacher-pupil contact hours left in the school year based on when a child enrolls in the Preschool Program, and this requirement shall not be construed as requiring three-hundred and sixty (360) planned teacher-pupil contact hours of instructional services when a child is not enrolled in the Preschool Program for the entire school year.
B. Eligible preschool providers must ensure that children receive an equal opportunity to enroll and receive universal preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability, as such characteristics and circumstances apply to the child or the child's family.
C. Eligible preschool providers shall maintain educator-to-child ratios and group sizes in accordance with the applicable maximum staff-child ratios and group sizes determined in the "Rules Regulating Child Care Centers" located in 8 CCR 1402-1, rule section 2.217(A), or "Rules Regulating Family Child Care Homes" located in 8 CCR 1402-1, rule sections 2.305 through 2.310. Beginning on July 1, 2025, no classroom of an eligible preschool provider shall have an educator-to-child ratio that exceeds 1:11, or a maximum group size that exceeds twenty-two (22); and beginning July 1, 2026, no classroom of an eligible preschool provider shall have an educator-to-child ratio that exceeds 1:10, or a maximum group size that exceeds twenty (20). The approved maximum educator-to-child ratios and group sizes of this rule shall not supersede the maximum staff-child ratios and group sizes allowed, based on a primary provider's license type for a family child care home, as determined in 8 CCR 1402-1, rule sections 2.305 through 3.310.
1. Exceptions to the maximum educator-to-child ratios and group sizes in this rule may be applied if an eligible preschool provider has a quality rating of four (4) or five (5) from the Department's Colorado Shines Quality Rating and Improvement System, and will be allowed to serve children up to the maximum staff-child ratio and group size as determined in 8 CCR 1402-1, rule section 2.217(A).
2. If an eligible preschool provider has a Department approved wavier pursuant to 8 CCR 1402-1, rule section 2.115, the eligible preschool provider is permitted to serve larger group sizes than allowed per rule section 4.109(C), provided the group sizes are in accordance with the terms of the waiver received, and all other requirements are met.
3. This rule section shall not restrict an eligible preschool provider from having multiple groups that are not separated from each other by permanent or portable dividers or walls, or limit any other conduct allowed in 8 CCR 1402-1 rule sections 2.217(A)(15)(a)-(f), provided all other requirements are met.
D. Qualifications for lead teachers.
1. Eligible preschool providers must ensure that all teachers, educators, or other employees are qualified in accordance with their applicable requirements identified in the "Rules Regulating Child Care Centers" located in 8 CCR 1402-1, rule section 2.216; or in accordance with the primary provider's license type for a Family Child Care Home, and the "Rules Regulating Family Child Care Homes" located in 8 CCR 1402-1, rule sections 2.311 through 2.315.
2. This rule section shall not prevent an eligible preschool provider from enacting additional requirements for their employees, provided the employee(s) meet all other qualifications as required by these rules.
E. Pursuant to section 22-33-106.1, C.R.S., all eligible preschool providers must abide by the limitations and procedures set forth regarding suspensions and expulsions for preschool through second (2nd) grade.
F. Educating Children with Disabilities.
1. All eligible preschool providers educating children with disabilities shall ensure full compliance with the "Standards for Placement of Preschoolers with IEPs in Educational Programs (October 2023)", herein incorporated by reference. No later editions or amendments are incorporated. These standards are available at no cost from the Colorado Department of Education, 201 East Colfax Avenue, Denver, CO 80203; or at https://www.cde.state.co.us/cdesped/appropriateedenvironments. These standards are also available for inspection and copying at the Colorado Department of Early Childhood, 710 S. Ash Street, Bldg. C, Denver, Colorado 80246, during regular business hours.
2. Eligible preschool providers educating children with disabilities shall ensure compliance with the applicable provisions of the "Individuals with Disabilities Education Act" (IDEA), as incorporated by reference in rule section 4.103(Z).
3. Eligible preschool providers educating children with disabilities shall ensure compliance with the "Exceptional Children's Educational Act" (ECEA) sections 22-20-101 through 22-20-206, C.R.S., and applicable provisions of the "Rules for the Administration of the Exceptional Children's Educational Act" located in 1 CCR 301-8, herein incorporated by reference. No later editions or amendments are incorporated. These standards are available at https://www.coloradosos.gov/. These standards are also available for inspection and copying at the Colorado Department of Early Childhood, 710 S. Ash Street, Bldg. C, Denver, Colorado 80246, during regular business hours.
a. This includes, but is not limited to, an eligible preschool provider's obligation to ensure children with disabilities are served in a manner which conforms to the training, certification, referral, identification, licensing, authorization, and dispute resolution requirements found in 1 CCR 301-8, rule section 3.02(3).

8 CCR 1404-1-4.109

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