The Colorado Department of Early Childhood (CDEC) is currently considering new rules that could limit access to outdoor, nature-based early childhood programs. While appreciating CDEC’s commitment to child safety and program quality, some of the proposed regulations may create barriers for families who want their children to benefit from nature-based learning environments. Learn more by reading this recent Colorado Public Radio article.
HOW TO SUBMIT YOUR COMMENTS: To submit a respectful public comment on the proposed rules, please use your own words, share your family’s experience, and if desired, speak to the value of nature-based learning. Submit your comments here by July 14, 2025: Outdoor Nature-Based and Small Center Rules Public Comment
Suggested revisions from The Colorado Collective for Nature-Based Early Education (CCNBEE)’s comprehensive safety and operational analysis of outdoor nature-based (ONB) preschools. Read the summary and download their full white paper policy analysis here: https://www.cocollectivenaturebasedearlyed.org/whitepaper
5 proposed rules and suggested revisions:
1. Emergency Shelters (Section 2.245 J. 2.)
Concern: Proposed definition of emergency shelter eliminates 95.8% of proven safety solutions and would require all programs to incur the significant expense of having a licensed building.
Suggested Revision: Adopt flexible emergency shelter definitions that recognize yurts, covered pavilions, tarps, and vehicles as acceptable emergency shelters, following Washington state’s multi-agency collaborative regulatory model.
2. Weather/Temperature (Section 2.245 N. 1. & 2. and 2.204 A.)
Concern: Proposed 20-94°F operational range ignores scientific standards and professional weather management protocols forcing unnecessary closures when programs can operate safely. TNP and other programs currently operate safely outside proposed 20-94°F temperature ranges using safety measures, such as shade and creek access on hot days, and scientific protocols that align with NOAA standards to assess temperatures.
Suggested Revision: Adopt scientific temperature measurement standards aligned with NOAA protocols, allowing for professional outdoor educators to use benefit-risk assessment for safely operating outside narrow temperature ranges.
3. Staff Qualifications (Section 2.245 E. 1. & 4.)
Concern: Proposed rules allow any preschool director to operate ONB programs without specialized outdoor education experience, creating safety risks through inadequate expertise.
Suggested Revision: Require specialized outdoor education expertise for ONB program directors and teachers. Sound professional judgement comes from training and experience in nature-based education and is essential for keeping children safe in nature.
4. Field Trips (2.204 Definitions I.)
Concern: New field trip definition stating, “Field trips are not intended to replace a regular classroom experience” and defining them as happening “periodically throughout the year” restricts licensed building-based centers, such as TNP, from taking daily trips to our nature classrooms that provide abundant opportunities for learning. Nature-based education has been proven to be as effective, if not more effective, than indoor classroom-based education for many students. Our nature-based curriculum is fully aligned with the Colorado Early Learning and Development Guidelines. Families should have a choice about what setting they want their child to learn in, and programs need to be free to access nature classrooms as frequently as they see fit to serve the children in their programs.
Suggested Revision: Remove restrictive definition of field trips. Specifically, shorten the definition to the first part of the Field Trip Definition line on page 3 Section 2.204 DEFINITIONS I “These trips range from a few hours during the day to a full day,” and remove “periodically throughout the year. Field trips are not intended to replace a regular classroom experience.”
5. Toileting (Section 2.245 B. 1. k.)
Concern: CDEC defers toileting requirements to the Colorado Department of Public Health and Environment (CDPHE), but it is uncertain if CDPHE will require flushing toilets with water even though they have said verbally that portable chemical toilets may be a possibility, creating regulatory uncertainty for outdoor programs using portable chemical toilets.
Suggested Revision: Enable portable chemical toilet use through coordinating with CDPHE and any other overlapping agency to write specific allowances for the use of portable chemical toilets for outdoor program operations.
Thank you for sharing your comments and supporting high-quality nature-based programs in Colorado.