Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 22-0568.01 Julie Pelegrin x2700 SENATE BILL 22-004 Senate Committees House Committees Education Appropriations A BILL FOR AN ACT C ONCERNING MEASURES TO SUPPORT EVIDENCE -BASED LITERACY101 INSTRUCTION FOR STUDENTS IN EARLY GRADES .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) By the beginning of the 2023-24 school year and continuing thereafter, the bill requires each school district, board of cooperative services, and charter school (local education provider) to ensure that the principal in a school that serves kindergarten or any of grades one through 3 and each school district administrator with responsibility that pertains to programs in kindergarten or any of grades one through 3 to SENATE 3rd Reading Unamended April 6, 2022 SENATE Amended 2nd Reading April 5, 2022 SENATE SPONSORSHIP Rankin and Bridges, Ginal, Winter HOUSE SPONSORSHIP McCluskie, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. successfully complete evidence-based training in the science of reading. The local education provider may request a one-year extension from the state board of education to ensure that the teachers, principals, and administrators whom it employs meet the training requirements. Each local education provider must submit to the department of education (department) evidence that it is in compliance with the principal and administrator training requirements to receive per-pupil intervention money in a budget year. The bill requires the board of trustees for each public library to adopt a policy by January 1, 2023, to support parents and children in improving literacy through the science of reading. The policy must include a requirement that: ! Each librarian successfully complete evidence-based training in the science of reading; ! The director of the board of trustees maintain an accurate list on the library website of the librarians who successfully complete the training; and ! The director of the board of trustees identify materials and activities for parents and children to improve literacy and ensure that the materials and activities are available in the public library and are updated monthly. Upon request of a local education provider or the board of trustees of a public library, the department shall provide training in the science of reading to principals and administrators of the local education provider and librarians of the public library for free. The bill directs the state librarian to work with public libraries throughout the state to facilitate access to evidence-based training in the science of reading for librarians and assist in identifying materials and activities for parents and children to improve literacy. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 22-7-1208, amend2 (6)(d); and add (6.5) and (6.7) as follows:3 22-7-1208. Local education providers - procedures - plans -4 training - rules. (6) (d) Notwithstanding the provisions of subsection5 (6)(a) of this section, a local education provider that is not in compliance6 with the requirements of this subsection (6) as of the beginning of the7 2022-23 school year or for a subsequent school year may request a8 004-2- one-year extension from the department STATE BOARD based on a1 demonstration of good cause for inability to comply.2 (6.5) (a) B Y THE BEGINNING OF THE 2024-25 SCHOOL YEAR AND3 CONTINUING FOR EACH SCHOOL YEAR THEREAFTER , EACH LOCAL4 EDUCATION PROVIDER THAT RECEIVES PER -PUPIL INTERVENTION MONEY5 OR A GRANT THROUGH THE EARLY LITERACY GRANT PROGRAM IN ANY6 BUDGET YEAR STARTING WITH THE 2023-24 BUDGET YEAR SHALL ENSURE7 THAT EACH PRINCIPAL IN A SCHOOL THAT SERVES KINDERGARTEN OR ANY8 OF GRADES ONE THROUGH THREE AND EACH ADMINISTRATOR WITH9 RESPONSIBILITY THAT PERTAINS TO PROGRAMS IN KINDERGARTEN OR ANY10 OF GRADES ONE THROUGH THREE SUCCESSFULLY COMPLETES OR HAS11 SUCCESSFULLY COMPLETED EVIDENCE -BASED TRAINING DESIGNED FOR12 SCHOOL ADMINISTRATORS IN THE SCIENCE OF READING . THE13 EVIDENCE-BASED TRAINING IN THE SCIENCE OF READING MUST INCLUDE14 THE CONCEPTS OF PHONEMIC AWARENESS , PHONICS, VOCABULARY15 DEVELOPMENT, READING FLUENCY , INCLUDING ORAL SKILLS , AND16 READING COMPREHENSION TO ASSIST PRINCIPALS IN COACHING AND17 EVALUATING TEACHERS . THE TRAINING MUST ALSO INCLUDE TOPICS18 RELATED TO IMPLEMENTING SCHOOLWIDE SCIENTIFICALLY BASED AND19 EVIDENCE-BASED READING PROGRAMMING . TO COMPLY WITH THIS20 SUBSECTION (6.5)(a), A LOCAL EDUCATION PROVIDER SHALL SUBMIT21 EVIDENCE THAT EACH PRINCIPAL AND ADMINISTRATOR DESCRIBED IN THIS22 SUBSECTION (6.5)(a) HAS SUCCESSFULLY COMPLETED EVIDENCE -BASED23 TRAINING IN THE SCIENCE OF READING THAT IS:24 (I) I NCLUDED AS A COURSE IN AN APPROVED PROGRAM OF25 PREPARATION, AS DEFINED IN SECTION 22-60.5-102 (8) FOR PRINCIPALS OR26 ADMINISTRATORS, OR AN INDIVIDUALIZED ALTERNATIVE PRINCIPAL27 004 -3- PROGRAM, OR OTHER ALTERNATIVE PRINCIPAL PROGRAM , APPROVED1 PURSUANT TO SECTION 22-60.5-305.5;2 (II) I NCLUDED AS A COURSE IN A POST -GRADUATE DEGREE3 PROGRAM IN TEACHING READING OR LITERACY ;4 (III) P ROVIDED BY THE DEPARTMENT OR INCLUDED ON THE5 ADVISORY LIST OF RIGOROUS PROFESSIONAL DEVELOPMENT PROGRAMS6 PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION 22-7-1209 (2)(c);7 OR8 (IV) P ROVIDED BY A LOCAL EDUCATION PROVIDER OR IS9 APPROPRIATE FOR LICENSE RENEWAL PURSUANT TO SECTION 22-60.5-11010 (3).11 12 (b) T HE DEPARTMENT SHALL PROVIDE , AT NO COST, TRAINING FOR 13 ELEMENTARY SCHOOL ADMINISTRATORS TO MEET THE REQUIREMENTS14 SPECIFIED IN SUBSECTION (6.5)(a) OF THIS SECTION. THE DEPARTMENT15 MAY PROVIDE THE TRAINING IN-PERSON OR ONLINE.16 (c) NOTWITHSTANDING SUBSECTION (6.5)(a) OF THIS SECTION, A17 LOCAL EDUCATION PROVIDER THAT IS NOT IN COMPLIANCE WITH THE18 REQUIREMENTS OF THIS SUBSECTION (6.5) AS OF THE BEGINNING OF THE19 2024-25 SCHOOL YEAR OR FOR A SUBSEQUENT SCHOOL YEAR MAY20 REQUEST A ONE-YEAR EXTENSION FROM THE STATE BOARD BASED ON A21 DEMONSTRATION OF GOOD CAUSE FOR INABILITY TO COMPLY .22 (d) THE STATE BOARD MAY ADOPT RULES AS NECESSARY TO23 SPECIFY THE CONTENT AND MINIMUM NUMBER OF HOURS REQUIRED FOR24 THE TRAINING DESCRIBED IN SUBSECTION (6.5)(a) OF THIS SECTION; THE25 TIME FRAMES AND PROCEDURES FOR COMPLYING WITH THE REQUIREMENTS26 SPECIFIED IN SUBSECTION (6.5)(a) OF THIS SECTION AND FOR APPLYING FOR27 004 -4- AN EXTENSION PURSUANT TO SUBSECTION (6.5)(c) OF THIS SECTION; AND1 THE FORM IN WHICH A LOCAL EDUCATION PROVIDER MUST SUBMIT2 EVIDENCE OF THE COMPLETION OF THE TRAINING REQUIRED IN SUBSECTION3 (6.5)(a) OF THIS SECTION. 4 (6.7) (a) B Y THE BEGINNING OF THE 2024-25 SCHOOL YEAR AND 5 CONTINUING FOR EACH SCHOOL YEAR THEREAFTER , EACH LOCAL6 EDUCATION PROVIDER THAT RECEIVES PER -PUPIL INTERVENTION MONEY7 OR A GRANT THROUGH THE EARLY LITERACY GRANT PROGRAM IN ANY8 BUDGET YEAR STARTING WITH THE 2023-24 BUDGET YEAR SHALL ENSURE9 THAT EACH READING SPECIALIST , AS DEFINED BY RULE, EMPLOYED TO10 TEACH STUDENTS IN ANY OF GRADES FOUR THROUGH TWELVE11 SUCCESSFULLY COMPLETES OR HAS SUCCESSFULLY COMPLETED12 EVIDENCE-BASED TRAINING IN TEACHING READING AS DESCRIBED FOR13 TEACHERS IN SUBSECTION (6) OF THIS SECTION. TO COMPLY WITH THIS14 SUBSECTION (6.7)(a), A LOCAL EDUCATION PROVIDER SHALL SUBMIT15 EVIDENCE THAT EACH READING SPECIALIST EMPLOYED TO TEACH16 STUDENTS IN ANY OF GRADES FOUR THROUGH TWELVE HAS PASSED AN17 END-OF-COURSE ASSESSMENT OF LEARNING AT THE COMPLETION OF THE18 EVIDENCE-BASED TRAINING.19 (b) T HE DEPARTMENT SHALL PROVIDE , AT NO COST, TRAINING FOR 20 READING SPECIALISTS TO MEET THE REQUIREMENTS SPECIFIED IN21 SUBSECTION (6.7)(a) OF THIS SECTION. THE DEPARTMENT MAY PROVIDE22 THE TRAINING IN-PERSON OR ONLINE.23 (c) N OTWITHSTANDING SUBSECTION (6.7)(a) OF THIS SECTION, A 24 LOCAL EDUCATION PROVIDER THAT IS NOT IN COMPLIANCE WITH THE25 REQUIREMENTS OF THIS SUBSECTION (6.7) AS OF THE BEGINNING OF THE26 2024-25 SCHOOL YEAR OR FOR A SUBSEQUENT SCHOOL YEAR MAY 27 004 -5- REQUEST A ONE-YEAR EXTENSION FROM THE STATE BOARD BASED ON A1 DEMONSTRATION OF GOOD CAUSE FOR INABILITY TO COMPLY .2 (d) T HE STATE BOARD SHALL DEFINE THE TERM "READING 3 SPECIALIST" BY RULE AND MAY ADOPT RULES AS NECESSARY TO SPECIFY4 THE CONTENT AND MINIMUM NUMBER OF HOURS REQUIRED FOR TRAINING5 FOR READING SPECIALISTS REQUIRED IN SUBSECTION (6.7)(a) OF THIS6 SECTION; TIME FRAMES AND PROCEDURES FOR COMPLYING WITH THE7 REQUIREMENTS SPECIFIED IN SUBSECTION (6.7)(a) OF THIS SECTION AND8 FOR APPLYING FOR AN EXTENSION PURSUANT TO SUBSECTION (6.7)(c) OF9 THIS SECTION; AND THE FORM IN WHICH A LOCAL EDUCATION PROVIDER10 MUST SUBMIT EVIDENCE OF THE COMPLETION OF AN END -OF-COURSE11 ASSESSMENT OF LEARNING AS REQUIRED IN SUBSECTION (6.7)(a) OF THIS12 SECTION.13 SECTION 2. In Colorado Revised Statutes, 22-7-1209, amend14 (2)(c) introductory portion as follows:15 22-7-1209. State board - rules - department - duties.16 (2) (c) Using the procedure developed pursuant to subsection (3) of this17 section, the department shall create an advisory list of rigorous18 professional development programs that FOR TEACHERS, READING19 SPECIALISTS, PRINCIPALS, AND ADMINISTRATORS, WHICH PROGRAMS are20 related to addressing significant reading deficiencies and to applying21 intervention instruction and strategies, in addition to programs related to22 teaching general literacy, that local education providers are encouraged23 to use. The department shall include on the advisory list professional24 development programs that are available online. The department shall25 ensure that each professional development program included on the26 advisory list is:27 004 -6- SECTION 3. In Colorado Revised Statutes, 22-7-1210, amend1 (4)(d)(I)(E) as follows:2 22-7-1210. Early literacy fund - created. (4) The money in the3 fund is subject to annual appropriation by the general assembly to the4 department. The department shall annually expend the money in the fund5 as follows:6 (d) (I) Beginning in the 2020-21 budget year and for budget years7 thereafter, the department shall annually expend the money credited to the8 early literacy fund for the following purposes:9 (E) To pay the costs incurred in providing to local education10 providers technical assistance in implementing this part 12, and training11 in teaching reading for teachers employed to teach kindergarten and12 grades one through three AND FOR READING SPECIALISTS EMPLOYED TO 13 TEACH GRADES FOUR THROUGH TWELVE , TRAINING FOR PRINCIPALS AND14 ADMINISTRATORS PURSUANT TO SECTION 22-7-1208 (6.5), AND TRAINING15 FOR LIBRARIANS PURSUANT TO SECTION 24-90-121; monitoring the use of16 money received as per-pupil intervention money or grants through the17 early literacy grant program; and fulfilling the administrative18 requirements specified in this part 12.19 SECTION 4. In Colorado Revised Statutes, 22-7-1210.5, amend20 (4)(g); and add (3)(b)(II.5) as follows:21 22-7-1210.5. Per-pupil intervention money - uses - distribution22 - monitoring - repeal. (3) (b) To receive per-pupil intervention money23 in a budget year, a local education provider must meet the following24 requirements:25 (II.5) F OR THE 2024-25 BUDGET YEAR AND BUDGET YEARS26 THEREAFTER, THE LOCAL EDUCATION PROVIDER MUST SUBMIT EVIDENCE27 004 -7- THAT IT IS IN COMPLIANCE WITH THE PRINCIPAL AND ADMINISTRATOR1 TRAINING REQUIREMENTS SPECIFIED IN SECTION 22-7-1208 (6.5) AND THE2 READING SPECIALIST TRAINING REQUIREMENTS SPECIFIED IN SECTION3 22-7-1208 (6.7); 4 (4) A local education provider may use the per-pupil intervention5 money only as follows:6 (g) To provide professional development programming to support7 educators in teaching reading. Professional development programming8 authorized in this subsection (4)(g) may include hiring a reading coach9 who is trained in teaching the foundational reading skills of phonemic10 awareness, phonics, vocabulary development, reading fluency, including11 oral skills, and reading comprehension to provide job-embedded, ongoing12 professional development to support kindergarten-through-third-grade13 teacher competence in teaching phonemic awareness, phonics, vocabulary14 development, reading fluency, including oral skills, and reading15 comprehension. A local education provider that has not fully complied16 with section 22-7-1208 (6) SECTION 22-7-1208 (6), (6.5), OR (6.7) is17 strongly encouraged to use per-pupil intervention money to ensure that all18 teachers employed by the local education provider to teach kindergarten19 or any of grades one through three AND ALL READING SPECIALISTS 20 EMPLOYED TO TEACH GRADES FOUR THROUGH TWELVE successfully21 complete evidence-based training in teaching reading, AND THE22 PRINCIPALS AND ADMINISTRATORS DESCRIBED IN SECTION 22-7-120823 (6.5)(a) SUCCESSFULLY COMPLETE EVIDENCE -BASED TRAINING IN THE24 SCIENCE OF READING, before using the money for other authorized25 purposes.26 SECTION 5. In Colorado Revised Statutes, add 24-90-121 as27 004 -8- follows:1 24-90-121. Public libraries - science of reading - training -2 report - definitions. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT3 OTHERWISE REQUIRES:4 5 (a) "DIRECTOR" MEANS THE DIRECTOR OF A BOARD OF TRUSTEES6 EMPLOYED BY THE BOARD OF TRUSTEES PURSUANT TO SECTION 24-90-1097 (1)(c).8 (b) "EVIDENCE-BASED TRAINING IN THE SCIENCE OF READING" OR9 " TRAINING" MEANS TRAINING THAT:10 (I) I S BASED ON RELIABLE, TRUSTWORTHY, AND VALID EVIDENCE;11 (II) I NCLUDES EXPLANATION AND INSTRUCTION IN THE AREAS OF12 PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOPMENT , READING13 FLUENCY, INCLUDING ORAL SKILLS, AND READING COMPREHENSION ; AND14 (III) I S INCLUDED ON THE ADVISORY LIST OF RIGOROUS15 PROFESSIONAL DEVELOPMENT PROGRAMS CREATED AND MAINTAINED BY16 THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 22-7-1209 (2)(c).17 (2) (a) T HE DIRECTOR OF EACH PUBLIC LIBRARY IS ENCOURAGED 18 TO WORK WITH THE DEPARTMENT OF EDUCATION TO PROVIDE19 EVIDENCE-BASED TRAINING IN THE SCIENCE OF READING FOR EACH20 LIBRARIAN WHO WORKS WITH CHILDREN ENROLLED IN PRESCHOOL ,21 KINDERGARTEN, OR EARLY ELEMENTARY GRADES . IN ADDITION, THE22 DIRECTOR IS ENCOURAGED TO IDENTIFY AND PROVIDE IN THE LIBRARY23 MATERIALS AND ACTIVITIES FOR PARENTS AND CHILDREN TO IMPROVE24 LITERACY, WHICH MATERIALS AND ACTIVITIES ARE APPROPRIATE FOR25 PRESCHOOL, KINDERGARTEN THROUGH SECOND GRADE , AND THIRD26 THROUGH SIXTH GRADE AND ARE DESIGNED TO IMPROVE READING27 004 -9- COMPETENCY IN THE AREAS OF PHONEMIC AWARENESS ; PHONICS;1 VOCABULARY DEVELOPMENT ; READING FLUENCY , INCLUDING ORAL2 SKILLS; AND READING COMPREHENSION .3 (b) A T THE REQUEST OF A DIRECTOR , THE DEPARTMENT OF 4 EDUCATION SHALL PROVIDE , AT NO COST TO THE PUBLIC LIBRARY ,5 EVIDENCE-BASED TRAINING IN THE SCIENCE OF READING TO ONE OR MORE6 LIBRARIANS WHO ARE EMPLOYED BY THE PUBLIC LIBRARY . THE7 DEPARTMENT MAY PROVIDE THE TRAINING IN -PERSON OR ONLINE AND MAY8 PROVIDE THE SAME TRAINING FOR LIBRARIANS THAT IT PROVIDES FOR9 TEACHERS PURSUANT TO SECTION 22-7-1208 (6)(c).10 (3) T HE DIRECTOR OF EACH PUBLIC LIBRARY MAY PREPARE A PLAN 11 DESCRIBING HOW THE DIRECTOR AND THE LIBRARIANS EMPLOYED AT THE12 LIBRARY WILL WORK WITH CHILDREN AND THEIR PARENTS TO SUPPORT13 LITERACY USING MATERIALS , ACTIVITIES, AND STRATEGIES THAT ARE14 SUPPORTED BY THE SCIENCE OF READING. THE DIRECTOR IS ENCOURAGED15 TO SUBMIT THE PLAN TO THE STATE LIBRARIAN BY JULY 1, 2024.16 17 SECTION 6. In Colorado Revised Statutes, 24-90-105, add18 (2)(g) as follows:19 24-90-105. Powers and duties of state librarian. (2) The state20 librarian has the following powers and duties with respect to other21 publicly supported libraries in the state:22 (g) T O WORK WITH PUBLIC LIBRARIES THROUGHOUT THE STATE TO23 FACILITATE ACCESS TO EVIDENCE -BASED TRAINING IN THE SCIENCE OF24 READING, AS DEFINED IN SECTION 24-90-121, FOR LIBRARIANS AND ASSIST25 IN IDENTIFYING MATERIALS AND ACTIVITIES FOR PARENTS AND CHILDREN26 TO IMPROVE LITERACY, AS DESCRIBED IN SECTION 24-90-121.27 004 -10- SECTION 7. Act subject to petition - effective date. This act1 takes effect at 12:01 a.m. on the day following the expiration of the2 ninety-day period after final adjournment of the general assembly; except3 that, if a referendum petition is filed pursuant to section 1 (3) of article V4 of the state constitution against this act or an item, section, or part of this5 act within such period, then the act, item, section, or part will not take6 effect unless approved by the people at the general election to be held in7 November 2022 and, in such case, will take effect on the date of the8 official declaration of the vote thereon by the governor.9 004 -11-