Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

HB 12-1276 Child Care Licensure Material Waivers Rep. Duran & Sen. Newell Staff Name: Quinn Girrens What the Bill Does: HB 12-1276 creates an opportunity for child-care centers that are currently regulated by the Department of Human Services (DHS) to apply for waivers for materials that they would like to use along with the required curriculum.1 For the materials that the child-care center would like to use, they need to create policies outlining training manuals for staff and notifications to parents about any potential safety risks of the materials.2 The child-care center must be either licensed to apply for the waiver or when applying for a license is provided this waiver information. DHS will create requirements for granting, denying, and appealing denial of these waivers. Currently, those who are seeking licensure to operate a child-care facility can appeal a standard of licensure that causes undue hardship or is stringently applied. This bill establishes requirements of who must sit on the appeal review panel that reviews these appeals. Colorado Context: In speaking with a representative from the Childrens Campaign, the bill aims at reducing confusion and streamlining the process for child care centers to receive waivers from current state regulations that forbid the use of materials based on state curriculum. The bill creates a manageable way to understand the process and apply for waivers. While the bill originated from Montessori schools use of certain materials as part of the curriculum, which required parental consent, the bill incorporates all child-care centers. While the bill is not specific to which materials can be used, if the child-care center would like to use materials that are outside of the current curriculum, a waiver must be sought. National Context: Information regarding the waiver application process for particular use of materials in the child care context is specific to Colorado.

Bill Zepernick, Fiscal Note: HB 12-1276 (Feb. 10, 2012), available at http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/4165F8892CBB027A87257981007F388C?Open&file =HB1276_00.pdf. 2 Id.

DRAFT 2/26/2012 9:26 PM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

Bill Provisions: Waiver Requirements Requires that as part of the waiver, the child-care center create policies training their employees about the use of the materials and requires that parents are notified and sign a consent form indicating their acknowledgment. Provides that DHS will create waiver process regulations including: o Requirements for granting waiver request o Requirements for denial of waiver request o Process for child-care center to appeal waiver denial Inspector Mandates that DHS use the same inspector for visiting single child-care centers seeking waivers or individually licensed that are controlled by common ownership Negative Posting If an appeal process is undertaken, DHS will not post negative licensing information until appeal is final If there is a negative action posting, the center can post a rebuttal in response Licensing Appeal Review Panel Allows that, when appealing a licensure standard, the appeal panel must include (but not limited to) a representative from child-care providers, local early childhood representative, state-level early childhood representative, and parent representative o All members of the appeal review board are to be appointed by DHS executive director or own designee, and serve no more than 3 years Fiscal Impact: There is no fiscal impact associated with this legislation because the analysis incorporates the ability of current DHS staff to accomplish the duties designated in the legislation, and the inspector used for licensure can be used in overseeing the waiver process.3

Bill Zepernick, Fiscal Note: HB 12-1276 (Feb. 10, 2012), available at http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/4165F8892CBB027A87257981007F388C?Open&file =HB1276_00.pdf.

DRAFT 2/26/2012 9:26 PM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.