Second Regular Session Seventy-third General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 22-0568.01 Julie Pelegrin x2700 SENATE BILL 22-004 Senate Committees House Committees Education Education Appropriations Appropriations A BILL FOR AN ACT C ONCERNING MEASURES TO SUPPORT EVIDENCE -BASED LITERACY101 INSTRUCTION FOR STUDENTS IN EARLY GRADES, AND, IN102 CONNECTION THEREWITH , MAKING AN APPROPRIATION .103 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 HOUSE Amended 2nd Reading May 4, 2022 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. to programs in kindergarten or any of grades one through 3 to 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 INTERVENTIONIST EMPLOYED TO TEACH STUDENTS10 IN ANY OF GRADES FOUR THROUGH TWELVE SUCCESSFULLY COMPL ETES OR11 HAS SUCCESSFULLY COMPLETED EVIDENCE -BASED TRAINING IN TEACHING12 READING AS DESCRIBED FOR TEACHERS IN SUBSECTION (6) OF THIS13 SECTION. TO COMPLY WITH THIS SUBSECTION (6.7)(a), A LOCAL14 EDUCATION PROVIDER SHALL SUBMIT EVIDENCE THAT EACH READING15 INTERVENTIONIST EMPLOYED TO TEACH STUDENTS IN ANY OF GRADES16 FOUR THROUGH TWELVE HAS PASSED AN END -OF-COURSE ASSESSMENT OF17 LEARNING AT THE COMPLETION OF THE EVIDENCE -BASED TRAINING.18 (b) T HE DEPARTMENT SHALL PROVIDE , AT NO COST, TRAINING FOR 19 READING INTERVENTIONISTS TO MEET THE REQUIREMENTS SPECIFIED IN20 SUBSECTION (6.7)(a) OF THIS SECTION. THE DEPARTMENT MAY PROVIDE21 THE TRAINING IN-PERSON OR ONLINE.22 (c) N OTWITHSTANDING SUBSECTION (6.7)(a) OF THIS SECTION, A 23 LOCAL EDUCATION PROVIDER THAT IS NOT IN COMPLIANCE WITH THE24 REQUIREMENTS OF THIS SUBSECTION (6.7) AS OF THE BEGINNING OF THE25 2024-25 SCHOOL YEAR OR FOR A SUBSEQUENT SCHOOL YEAR MAY 26 REQUEST A ONE-YEAR EXTENSION FROM THE STATE BOARD BASED ON A27 004 -5- DEMONSTRATION OF GOOD CAUSE FOR INABILITY TO COMPLY .1 (d) T HE STATE BOARD MAY ADOPT RULES AS NECESSARY TO2 SPECIFY THE CONTENT AND MINIMUM NUMBER OF HOURS REQUIRED FOR3 TRAINING FOR READING INTERVENTIONISTS REQUIRED IN SUBSECTION4 (6.7)(a) OF THIS SECTION; TIME FRAMES AND PROCEDURES FOR COMPLYING 5 WITH THE REQUIREMENTS SPECIFIED IN SUBSECTION (6.7)(a) OF THIS6 SECTION AND FOR APPLYING FOR AN EXTENSION PURSUANT TO SUBSECTION7 (6.7)(c) OF THIS SECTION; AND THE FORM IN WHICH A LOCAL EDUCATION 8 PROVIDER MUST SUBMIT EVIDENCE OF THE COMPLETION OF AN9 END-OF-COURSE ASSESSMENT OF LEARNING AS REQUIRED IN SUBSECTION10 (6.7)(a) OF THIS SECTION. 11 SECTION 2. In Colorado Revised Statutes, 22-7-1209, amend12 (2)(c) introductory portion as follows:13 22-7-1209. State board - rules - department - duties.14 (2) (c) Using the procedure developed pursuant to subsection (3) of this15 section, the department shall create an advisory list of rigorous16 professional development programs that FOR TEACHERS, READING17 INTERVENTIONISTS, PRINCIPALS, AND ADMINISTRATORS, WHICH PROGRAMS18 are related to addressing significant reading deficiencies and to applying19 intervention instruction and strategies, in addition to programs related to20 teaching general literacy, that local education providers are encouraged21 to use. The department shall include on the advisory list professional22 development programs that are available online. The department shall23 ensure that each professional development program included on the24 advisory list is:25 SECTION 3. In Colorado Revised Statutes, 22-7-1210, amend26 (4)(d)(I)(E) as follows:27 004 -6- 22-7-1210. Early literacy fund - created. (4) The money in the1 fund is subject to annual appropriation by the general assembly to the2 department. The department shall annually expend the money in the fund3 as follows:4 (d) (I) Beginning in the 2020-21 budget year and for budget years5 thereafter, the department shall annually expend the money credited to the6 early literacy fund for the following purposes:7 (E) To pay the costs incurred in providing to local education8 providers technical assistance in implementing this part 12, and training9 in teaching reading for teachers employed to teach kindergarten and10 grades one through three AND FOR READING INTERVENTIONISTS EMPLOYED11 TO TEACH GRADES FOUR THROUGH TWELVE , TRAINING FOR PRINCIPALS12 AND ADMINISTRATORS PURSUANT TO SECTION 22-7-1208 (6.5), AND13 TRAINING FOR LIBRARIANS PURSUANT TO SECTION 24-90-121; monitoring14 the use of money received as per-pupil intervention money or grants15 through the early literacy grant program; and fulfilling the administrative16 requirements specified in this part 12.17 SECTION 4. In Colorado Revised Statutes, 22-7-1210.5, amend18 (4)(g); and add (3)(b)(II.5) as follows:19 22-7-1210.5. Per-pupil intervention money - uses - distribution20 - monitoring - repeal. (3) (b) To receive per-pupil intervention money21 in a budget year, a local education provider must meet the following22 requirements:23 (II.5) F OR THE 2024-25 BUDGET YEAR AND B UDGET YEARS24 THEREAFTER, THE LOCAL EDUCATION PROVIDER MUST SUBMIT EVIDENCE25 THAT IT IS IN COMPLIANCE WITH THE PRINCIPAL AND ADMINISTRATOR26 TRAINING REQUIREMENTS SPECIFIED IN SECTION 22-7-1208 (6.5) AND THE27 004 -7- READING INTERVENTIONIST TRAINING REQUIREMENTS SPECIFIED IN1 SECTION 22-7-1208 (6.7);2 (4) A local education provider may use the per-pupil intervention3 money only as follows:4 (g) To provide professional development programming to support5 educators in teaching reading. Professional development programming6 authorized in this subsection (4)(g) may include hiring a reading coach7 who is trained in teaching the foundational reading skills of phonemic8 awareness, phonics, vocabulary development, reading fluency, including9 oral skills, and reading comprehension to provide job-embedded, ongoing10 professional development to support kindergarten-through-third-grade11 teacher competence in teaching phonemic awareness, phonics, vocabulary12 development, reading fluency, including oral skills, and reading13 comprehension. A local education provider that has not fully complied14 with section 22-7-1208 (6) SECTION 22-7-1208 (6), (6.5), OR (6.7) is15 strongly encouraged to use per-pupil intervention money to ensure that all16 teachers employed by the local education provider to teach kindergarten17 or any of grades one through three AND ALL READING INTERVENTIONISTS18 EMPLOYED TO TEACH GRADES FOUR THROUGH TWELVE successfully19 complete evidence-based training in teaching reading, AND THE20 PRINCIPALS AND ADMINISTRATORS DESCRIBED IN SECTION 22-7-120821 (6.5)(a) SUCCESSFULLY COMPLETE EVIDENCE -BASED TRAINING IN THE22 SCIENCE OF READING, before using the money for other authorized23 purposes.24 SECTION 5. In Colorado Revised Statutes, add 24-90-121 as25 follows:26 24-90-121. Public libraries - science of reading - training -27 004 -8- report - definitions. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT1 OTHERWISE REQUIRES:2 3 (a) "DIRECTOR" MEANS THE DIRECTOR OF A BOARD OF TRUSTEES4 EMPLOYED BY THE BOARD OF TRUSTEES PURSUANT TO SECTION 24-90-1095 (1)(c).6 (b) "EVIDENCE-BASED TRAINING IN THE SCIENCE OF READING" OR7 " TRAINING" MEANS TRAINING THAT:8 (I) I S BASED ON RELIABLE, TRUSTWORTHY, AND VALID EVIDENCE;9 (II) I NCLUDES EXPLANATION AND INSTRUCTION IN THE AREAS OF10 PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOPMENT , READING11 FLUENCY, INCLUDING ORAL SKILLS, AND READING COMPREHENSION ; AND12 (III) I S INCLUDED ON THE ADVISORY LIST OF RIGOROUS13 PROFESSIONAL DEVELOPMENT PROGRAMS CREATED AND MAINTAINED BY14 THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 22-7-1209 (2)(c).15 (2) (a) T HE DIRECTOR OF EACH PUBLIC LIBRARY IS ENCOURAGED 16 TO WORK WITH THE DEPARTMENT OF EDUCATION TO PROVIDE17 EVIDENCE-BASED TRAINING IN THE SCIENCE OF READING FOR EACH18 LIBRARIAN WHO WORKS WITH CHILDREN ENROLLED IN PRESCHOOL ,19 KINDERGARTEN, OR EARLY ELEMENTARY GRADES . IN ADDITION, THE20 DIRECTOR IS ENCOURAGED TO IDENTIFY AND PROVIDE IN THE LIBRARY21 MATERIALS AND ACTIVITIES FOR PARENTS AND CHILDREN TO IMPROVE22 LITERACY, WHICH MATERIALS AND ACTIVITIES ARE APPROPRIATE FOR23 PRESCHOOL, KINDERGARTEN THROUGH SECOND GRADE , AND THIRD24 THROUGH SIXTH GRADE AND ARE DESIGNED TO IMPROVE READING25 COMPETENCY IN THE AREAS OF PHONEMIC AWARENESS ; PHONICS;26 VOCABULARY DEVELOPMENT ; READING FLUENCY , INCLUDING ORAL27 004 -9- SKILLS; AND READING COMPREHENSION .1 (b) A T THE REQUEST OF A DIRECTOR , THE DEPARTMENT OF 2 EDUCATION SHALL PROVIDE , AT NO COST TO THE PUBLIC LIBRARY ,3 EVIDENCE-BASED TRAINING IN THE SCIENCE OF READING TO ONE OR MORE4 LIBRARIANS WHO ARE EMPLOYED BY THE PUBLIC LIBRARY . THE5 DEPARTMENT MAY PROVIDE THE TRAINING IN -PERSON OR ONLINE AND MAY6 PROVIDE THE SAME TRAINING FOR LIBRARIANS THAT IT PROVIDES FOR7 TEACHERS PURSUANT TO SECTION 22-7-1208 (6)(c).8 (3) T HE DIRECTOR OF EACH PUBLIC LIBRARY MAY PREPARE A PLAN 9 DESCRIBING HOW THE DIRECTOR AND THE LIBRARIANS EMPLOYED AT THE10 LIBRARY WILL WORK WITH CHILDREN AND THEIR PARENTS TO SUPPORT11 LITERACY USING MATERIALS , ACTIVITIES, AND STRATEGIES THAT ARE12 SUPPORTED BY THE SCIENCE OF READING. THE DIRECTOR IS ENCOURAGED13 TO SUBMIT THE PLAN TO THE STATE LIBRARIAN BY JULY 1, 2024.14 15 SECTION 6. In Colorado Revised Statutes, 24-90-105, add16 (2)(g) as follows:17 24-90-105. Powers and duties of state librarian. (2) The state18 librarian has the following powers and duties with respect to other19 publicly supported libraries in the state:20 (g) T O WORK WITH PUBLIC LIBRARIES THROUGHOUT THE STATE TO21 FACILITATE ACCESS TO EVIDENCE-BASED TRAINING IN THE SCIENCE OF22 READING, AS DEFINED IN SECTION 24-90-121, FOR LIBRARIANS AND ASSIST23 IN IDENTIFYING MATERIALS AND ACTIVITIES FOR PARENTS AND CHILDREN24 TO IMPROVE LITERACY, AS DESCRIBED IN SECTION 24-90-121.25 SECTION 7. Appropriation. (1) For the 2022-23 state fiscal26 year, $251,139 is appropriated to the department of education. This27 004 -10- appropriation is from the early literacy fund created in section 22-7-12101 (1), C.R.S., and is based on an assumption that the department will2 require an additional 0.8 FTE. To implement this act, the department may3 use this appropriation for early literacy program administration and4 technical support.5 SECTION 8. Act subject to petition - effective date. This act6 takes effect at 12:01 a.m. on the day following the expiration of the7 ninety-day period after final adjournment of the general assembly; except8 that, if a referendum petition is filed pursuant to section 1 (3) of article V9 of the state constitution against this act or an item, section, or part of this10 act within such period, then the act, item, section, or part will not take11 effect unless approved by the people at the general election to be held in12 November 2022 and, in such case, will take effect on the date of the13 official declaration of the vote thereon by the governor.14 004 -11-