C.R.S. Section 26.5-5-313
Applications

  • materials waivers
  • appeals
  • rules

(1)

A child care center that is subject to the licensing requirements of this part 3 is also subject to the provisions of this section.

(2)

Intentionally left blank —Ed.

(a)

The department shall make available to licensed child care centers and include with every application form for licensure information concerning the manner in which a child care center may apply for a waiver to use certain materials in its program and curriculum. The waiver request must be included in a center’s application for licensure or, in the case of a licensed child care center, may be submitted at any time.

(b)

A child care center seeking a waiver for the use of certain materials must adopt a policy that:

(I)

Ensures that instructors in the child care center are trained in the use of the materials in a way that provides reasonable safety provisions for use by children; and

(II)

Requires parental notification of the use of the materials in the child care center and the potential safety risks associated with the materials. The policy must require the child care center to obtain signed parental consent forms acknowledging awareness of the risks in using the materials in the child care center.

(3)

If a licensed child care center receives notice of a violation pursuant to this part 3, information concerning the waiver and appeal process described in this section must be included in the notification to the child care center.

(4)

The executive director shall promulgate rules for the implementation of this section, including:

(a)

The requirements for the granting of a waiver request, including the requirement that the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request;

(b)

The requirements for the denial of a waiver request, including the requirement that the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request; and

(c)

The process by which a child care center may appeal a denial of a waiver request, which process must, at a minimum, provide that:

(I)

Upon the receipt of a denial of a waiver request, a child care center has up to forty-five calendar days to appeal the denial decision to the department;

(II)

The department shall act upon the appeal within forty-five calendar days;

(III)

The department shall provide notice of its decision on the appeal within ten calendar days after its decision to the appealing child care center; and

(IV)

The appealing child care center has the right to meet in person with department personnel concerning the appeal.

(5)

Whenever practicable, the department shall use the same inspector for:

(a)

Multiple visits to a single child care center seeking a waiver pursuant to this section; or

(b)

Multiple visits to two or more individually licensed child care centers that are wholly owned, operated, and controlled by a common ownership group.

(6)

The department shall not post a denial of a waiver made pursuant to this section on its website until the appeal is final.

Source: Section 26.5-5-313 — Applications - materials waivers - appeals - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­5.­pdf (accessed Oct. 20, 2023).

26.5‑5‑101
Colorado shines quality rating and improvement system - created
26.5‑5‑102
School-readiness quality improvement program - created - rules
26.5‑5‑103
Quality evaluation and improvement of early childhood care and education programs - use of Colorado works money
26.5‑5‑201
Short title
26.5‑5‑202
Definitions
26.5‑5‑203
Colorado infant and toddler quality and availability grant program - creation
26.5‑5‑204
Eligibility for grants - applications - deadlines
26.5‑5‑205
Reporting requirements
26.5‑5‑301
Short title
26.5‑5‑302
Legislative declaration concerning the protections afforded by regulation
26.5‑5‑303
Definitions
26.5‑5‑304
Application of part - definition - repeal
26.5‑5‑305
Public preschool provider - licensing - rules
26.5‑5‑306
Substitute child care providers - substitute placement agency - licensing - rules
26.5‑5‑307
Application of part - guest child care facilities - public services short-term child care facilities - definition
26.5‑5‑308
Application of part - neighborhood youth organizations - rules - licensing - duties and responsibilities - definitions
26.5‑5‑309
Licenses - rules - definition
26.5‑5‑310
Compliance with local government zoning regulations - notice to local governments - provisional licensure - rules
26.5‑5‑311
Fees - when original applications, reapplications, and renewals for licensure are required - creation of child care licensing cash fund - rules
26.5‑5‑312
Application forms - criminal sanctions for perjury
26.5‑5‑313
Applications - materials waivers - appeals - rules
26.5‑5‑314
Standards for facilities and agencies - rules - definition
26.5‑5‑315
Staffing during emergency circumstances - definitions
26.5‑5‑316
Investigations and inspections - local authority - reports - rules
26.5‑5‑317
Denial of license - suspension - revocation - probation - refusal to renew license - fines
26.5‑5‑318
Notice of negative licensing action - filing of complaints
26.5‑5‑319
Institutes
26.5‑5‑320
Injunctive proceedings
26.5‑5‑321
Penalty - short title
26.5‑5‑322
Periodic review of licensing rules and procedures - legislative declaration
26.5‑5‑323
Civil penalties - fines - child care cash fund - created
26.5‑5‑324
Child care resource and referral system - created
26.5‑5‑325
Family child care homes - administration of routine medications - parental direction - rules
26.5‑5‑326
Exempt family child care home providers - fingerprint-based criminal history record check - child care assistance program money - temporary care - rules - definitions
26.5‑5‑327
Unique student identifying numbers - rules
26.5‑5‑328
Applications for licenses
26.5‑5‑329
Testing for the presence of lead in drinking water in child care centers and family child care homes - compliance with public health requirements - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 26.5-5-313’s source at colorado​.gov