White Paper Policy Analysis - Colorado Outdoor Nature Based Preschools: Evidence-Based Analysis of Proposed Regulations.

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EXECUTIVE SUMMARY

The Colorado Collective for Nature-Based Early Education (CCNBEE) presents Colorado's first comprehensive safety and operational analysis of outdoor nature-based (ONB) preschools, based on one full year of data from 20 programs across all regions and seasons. This analysis reveals exceptional safety performance and identifies critical regulatory misalignments that threaten program viability and family access to Universal Pre-K funding. 

CCNBEE recognizes that SB 24-078 was crafted with bipartisan support to expand access to high-quality outdoor nature-based education while ensuring child safety. Our recommendations align with this legislative intent by supporting both program accessibility and rigorous safety standards.

CCNBEE appreciates CDEC's commitment to child safety and offers our expertise in developing regulations that support program accessibility while maintaining safety standards. The current proposed rules create significant undue hardships that could eliminate programs, reduce family choice, and prevent UPK access for Colorado's most vulnerable families.

Shared Goals 

• Child safety as top priority

• Expanding UPK access

• Supporting program quality

• Evidence-based decision making

CCNBEE presents this analysis in the spirit of collaborative partnership, seeking to work with CDEC to develop regulations that fulfill SB 24-078's intent of expanding access to safe, high-quality outdoor nature-based education.

Key Findings

Safety Excellence:- Zero incidents requiring formal health/licensing department reporting across 20 programs- 1.8 weather-related closures per program annually (exceptional operational reliability)- 97.75% of wildlife encounters classified as low-risk and integrated into educational programming- 79.07% weather forecast accuracy enabling proactive safety measuresCritical Regulatory Misalignment:- 95.8% of successful emergency shelter uses would not meet proposed CDEC emergency shelter definitions, despite proven effectiveness in keeping children safe- Programs safely operate outside proposed 20-94°F temperature ranges using scientific protocols- Existing licensed programs face elimination of daily outdoor programming through restrictive field trip definitions

Urgent Policy ConcernsCCNBEE respectfully requests evidence-based revisions to proposed regulations in five core areas that create undue hardships threatening program viability and family access:1. Buildings/Emergency Shelters - Proposed definitions eliminate 95.8% of proven safety solutions2. Weather/Temperature - Unscientific temperature ranges ignore NOAA standards and professional protocols3. Staff Qualifications - Inadequate expertise requirements for specialized outdoor education4. Field Trips - Regulatory trap targeting existing successful hybrid programs5. Toileting - Inter-agency coordination failure creating regulatory impossibilityLegal Framework RequirementsCCNBEE respectfully requests CDEC prepare and distribute:

- Cost-benefits analysis per CRS § 24-4-103 (2.5)(a)- Regulatory analysis per CRS § 24-4-103 (4.5)(a)- Inter-agency coordination as required by ONB legislation with appropriated funding

---ABOUT CCNBEE: 

EXPERT AUTHORITY IN OUTDOOR NATURE-BASED EDUCATION

The Colorado Collective for Nature-Based Early Education represents 30+ nature-based early education programs across Colorado, with hundreds of practitioners, providers, families, and community advocates. CCNBEE has worked on ONB preschool legislation since 2014, successfully passing SB 24-078 (Outdoor Nature-Based Preschool Programs) in 2024.

Program Diversity and Legal Compliance

CCNBEE's 20 studied programs represent the full spectrum of legal operating models in Colorado:

- Licensed programs with conventional buildings taking daily field trips to nature spaces

- Exemption-based programs operating under Colo. Rev. Stat. § 26.5-5-304 and CDEC legal exemptions

- Hybrid models successfully serving families through various regulatory pathways

This diversity counters claims of "illegal childcare" by demonstrating multiple legal frameworks supporting safe, successful ONB programming.

Decade of Safe Operations (Since 2014)

CCNBEE programs demonstrate:

- Consistent full enrollment with active waitlists statewide

- Zero reportable safety incidents across comprehensive data collection

- Professional expertise in benefit-risk assessment and dynamic safety protocols

- Community trust evidenced by growing demand and family satisfaction