Public Notice Information

Request for Written Comments: Proposed changes to the Colorado Universal Preschool Services program (UPK)

The Department proposes a comprehensive set of amendments and new definitions to the Colorado Universal Preschool Services program (UPK), also referred to as the "UPK Mega Rule." The primary objective in implementing this extensive regulatory package is to enhance the clarity, integrity, and operational safeguards within the Universal Preschool programmatic framework. The proposed rules address the following items:

• Universal Preschool Services Definition: Clarifying the definition to emphasize healthy child development across various domains and include home visitation, potentially linking to Family Resource Centers and licensing regulations [Rule 4.103 KK].
• Program Year Definition: Establishing a clear program year (August through May) and outlining its impact on payments for programs that operate for nine instead of ten months [Rule 4.103 LL].
• Income Redeterminations: Adding language similar to CDLE's regarding ineligibility for supplemental hours if employment is resigned, detailing qualifying and disqualifying separation reasons [Rule 4.105 C].
• Minimum Teacher/Pupil Program Contact Hours: Establishing clearer definitions for the minimum scheduled contact hours for part-day (10 hours), half-day (15 hours), and full-day (30 hours) services [Rule 4.103 W, X, HH], and providing corresponding guidance on the calculation of tuition and the imposition of supplemental fees [Rule 4.110 A.1].
• Tuition Policies and Supplemental Services: Offers guidance concerning the assessment of tuition for supplemental hours, requiring adherence to all relevant statutes, prohibiting charges for hours already covered by existing funding, mandating proportional tuition fees, and necessitating the transparent display of tuition details within provider profiles [Rule 4.108 G].
• DOB Requirements: Proposing a solution to align provider Date of Birth (DOB) cutoffs with the district where the provider location resides to reduce confusion and improve eligibility determinations [Rule 4.105 D.3].
• Enrollment Timing and Proportional Requirements: Allowing providers to adjust contact hours for children enrolling after the program year start, based on time remaining [Rule 4.110 A.1.a], and including language around pre-payment for May services.
• Payments: Clarifying funding for children attending two providers during the program year, adding pre-payment language for May services, and confirming direct payments to providers, not parents [Rule 4.108 I].
• Definitions: Providing or enhancing definitions for "Multilingual Learners" (MLL) [Rule 4.103 EE] and "Stacking" [Rule 4.103 TT] in the context of funding.

COMMUNITY ENGAGEMENT OPPORTUNITIES

Please submit comments using our Proposed UPK Rule Changes Google form regarding the draft Colorado Universal Preschool rules (Redline Draft | Clean Draft) by February 12, 2026.

NEXT STEPS

CDEC will review and consider all public feedback received and will incorporate the recommendations into the draft "UPK Mega Rule," as able. The draft rules are expected to be reviewed by the Rules Advisory Council (RAC) on April 9, 2026, and considered for permanent adoption on May 28, 2026.

HOW TO STAY INFORMED

All rulemaking material received and collected, including written comments, recordings of previously held public meetings, and revised versions of the draft "UPK Mega Rule," will be publicly accessible and stored in the UPK ‘Mega-Rule’ Folder. If you have additional questions, please contact CDEC_Rulemaking@state.co.us.

ACCOMMODATIONS

CDEC is committed to providing timely responses to reports of inaccessible information or technology, or requests for a reasonable accommodation or modification. Such a report or request can be made to CDEC_ADA@state.co.us or by calling (720) 947-5020.