HomeMy WebLinkAboutCCCAP Letter 05.26.2026
To: Executive Director Dr. Roy, Colorado Department of Early Childhood
Re: Formal Written Testimony Regarding the Proposed CCCAP Comprehensive Rule Package
Dear Dr. Roy,
On behalf of Pitkin County, I am writing to express strong opposition to the proposed Colorado Child Care
Assistance Program (CCCAP) Comprehensive Rule Package, specifically regarding the Fiscal Oversight
sections. While we support the goal of a stable and transparent program, the current proposal undermines
local administration, conflicts with established state statutes, and threatens the economic stability of families
across Colorado.
Statutory and Contractual Conflicts
The proposed rules (3.104.C and 3.105.D) grant the Department broad discretionary authority to revise
county plans or block grant allocations mid-year based on undefined "funding concerns," even if a county is
not projected to overspend. This unilateral authority directly conflicts with C.R.S. § 26.5-4-110(2), which
requires an annual allocation formula agreed upon by the Department and the Allocation Committee. As
these rules go beyond what is allowable under statute, they also fall short by omitting the seven factors that
must be considered when determining annual allocations as described in C.R.S. § 26.5-4.110(3).
Furthermore, these proposed rules circumvent existing performance-based contracts, as described in C.R.S.
§ 26.5-4-115(3), between counties and the state. Changing the block grant allocation mid-year constitutes a
change to the annual performance contract, which requires agreement by the county and triggers a dispute
resolution process under statute. The current proposed rules omit this essential statutory safeguard.
Additionally, these contracts only permit a reduction in a future county block grant annual allocation within
the penalty section, not changes to current allocations midyear.
Operational Volatility and Inadequate Notice
The proposed 30-calendar-day notice period for major allocation adjustments (Rule 3.105.D.2) is
operationally impossible when such an adjustment would be a reduction. Counties cannot responsibly
Pitkin County | 530 E. Main Street | Aspen, CO 81611 | 970-920-5200
reduce spending or staffing in such a short window, especially as families cannot be immediately removed
from the program. Additionally, the rules lack a definition for what triggers a "desirable" or "necessary"
mid-year adjustment.
The broad discretionary and unilateral authority for CDEC to mandate a waitlist or freeze (Rule 3.103.XX)
further exacerbates this financial uncertainty and restricts local control.
Negative Economic Impact
These rules are proposed against the backdrop of a $39 million structural budget shortfall. Increasing state
control without addressing this shortfall will inevitably restrict access. Projections indicate that up to 64%
fewer eligible families may be served, potentially leaving 18,500 children without assistance. This forced
reduction in child care access will compel parents to reduce their employment, leading to a direct decline in
Colorado’s GDP and disposable personal income.
Pitkin County Impact
Pitkin County’s primary concern is that the proposed changes would expand state fiscal oversight authority
in ways that could require counties to reduce or restrict child care assistance mid-year, even when a county
is not projected to overspend. Because CCCAP expenditures are tied to ongoing care arrangements already
approved for families and providers, Pitkin County cannot quickly reduce spending without disrupting child
care continuity, provider operations, and family employment stability.
Pitkin County has historically operated above its annual CCCAP allocation due to sustained community
demand, local workforce realities, and the high cost of care in the region. To maintain continuity for
families, the County has historically relied on statewide redistribution or “buy-back” dollars from counties
that underspend their allocations during closeout. Pitkin County is currently projected to exceed its 2025
CCCAP allocation by approximately $100,000, driven primarily by increased utilization and expanded
engagement with eligible families following the transition of CCCAP administration into Family Services
oversight. State-required provider rate increases implemented in late 2025 have also contributed to overall
expenditure growth.
Pitkin County is also concerned that proposed allocation methodology changes may reduce the
predictability and flexibility of the current statewide redistribution process that has historically helped the
County manage enrollment pressures. Sudden allocation reductions and short implementation timelines
could create significant operational and fiscal strain for high-cost communities like Pitkin County while
increasing broader risks to family stability, employment retention, provider stability, and demand on other
county support systems.
Pitkin County | 530 E. Main Street | Aspen, CO 81611 | 970-920-5200
Transparency and Strategic Direction
Since its inception in 2022, CDEC has not established clear goals to guide CCCAP, continuously focusing
on stretching available resources. This lack of strategic leadership causes counties to manage the resulting
instability as they serve families and providers directly.
The Department has stated that the proposed rules aim to improve transparency in spending and address the
federal block grant freeze. However, the fiscal section of the proposed rules does nothing to address either
issue. The concerns CDEC is attempting to manage could instead be addressed by implementing concrete
parameters on the closeout process, which would maintain compliance while preserving proper county
authorities.
Conclusion and Recommendations
We urge CDEC to pause the adoption of the fiscal oversight sections and work with counties to ensure that
the rules align with and provide clarity and implementation of state statute.
Thank you for your continued leadership and consideration of this critical matter.
Sincerely,
Jeffrey H. Woodruff
Pitkin County Board of County Commissioners, Board Chair
Pitkin County | 530 E. Main Street | Aspen, CO 81611 | 970-920-5200