Colorado 2022 Regular Session

Colorado Senate Bill SB004 Latest Draft

Bill / Enrolled Version Filed 05/16/2022

                            SENATE BILL 22-004
BY SENATOR(S) Rankin and Bridges, Ginal, Winter;
also REPRESENTATIVE(S) McCluskie, Amabile, Bacon, Bernett, Bird,
Boesenecker, Exum, Herod, Hooton, Jodeh, Lindsay, McCormick,
McLachlan, Michaelson Jenet, Sirota, Titone, Valdez A., Valdez D.,
Young
.
C
ONCERNING MEASURES TO SUPPORT EVIDENCE -BASED LITERACY
INSTRUCTION FOR STUDENTS IN EARLY GRADES
, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 22-7-1208, amend
(6)(d); and add (6.5) and (6.7) as follows:
22-7-1208.  Local education providers - procedures - plans -
training - rules. (6) (d)  Notwithstanding the provisions of subsection
(6)(a) of this section, a local education provider that is not in compliance
with the requirements of this subsection (6) as of the beginning of the
2022-23 school year or for a subsequent school year may request a one-year
extension from the department
 STATE BOARD based on a demonstration of
good cause for inability to comply.
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (6.5) (a)  BY THE BEGINNING OF THE 2024-25 SCHOOL YEAR AND
CONTINUING FOR EACH SCHOOL YEAR THEREAFTER
, EACH LOCAL EDUCATION
PROVIDER THAT RECEIVES PER
-PUPIL INTERVENTION MONEY OR A GRANT
THROUGH THE EARLY LITERACY GRANT PROGRAM IN ANY BUDGET YEAR
STARTING WITH THE 
2023-24 BUDGET YEAR SHALL ENSURE THAT EACH
PRINCIPAL IN A SCHOOL THAT SERVES KINDERGARTEN OR ANY OF GRADES
ONE THROUGH THREE AND EACH ADMINISTRATOR WITH RESPONSIBILITY
THAT PERTAINS TO PROGRAMS IN KINDERGARTEN OR ANY OF GRADES ONE
THROUGH THREE SUCCESSFULLY COMPLETES OR HAS SUCCESSFULLY
COMPLETED EVIDENCE
-BASED TRAINING DESIGNED FOR SCHOOL
ADMINISTRATORS IN THE SCIENCE OF READING
. THE EVIDENCE-BASED
TRAINING IN THE SCIENCE OF READING MUST INCLUDE THE CONCEPTS OF
PHONEMIC AWARENESS
, PHONICS, VOCABULARY DEVELOPMENT , READING
FLUENCY
, INCLUDING ORAL SKILLS, AND READING COMPREHENSION TO
ASSIST PRINCIPALS IN COACHING AND EVALUATING TEACHERS
. THE TRAINING
MUST ALSO INCLUDE TOPICS RELATED TO IMPLEMENTING SCHOOLWIDE
SCIENTIFICALLY BASED AND EVIDENCE
-BASED READING PROGRAMMING . TO
COMPLY WITH THIS SUBSECTION
 (6.5)(a), A LOCAL EDUCATION PROVIDER
SHALL SUBMIT EVIDENCE THAT EACH PRINCIPAL AND ADMINISTRATOR
DESCRIBED IN THIS SUBSECTION
 (6.5)(a) HAS SUCCESSFULLY COMPLETED
EVIDENCE
-BASED TRAINING IN THE SCIENCE OF READING THAT IS :
(I)  I
NCLUDED AS A COURSE IN AN APPROVED PROGRAM OF
PREPARATION
, AS DEFINED IN SECTION 22-60.5-102 (8) FOR PRINCIPALS OR
ADMINISTRATORS
, OR AN INDIVIDUALIZED ALTERNATIVE PRINCIPAL
PROGRAM
, OR OTHER ALTERNATIVE PRINCIPAL PROGRAM , APPROVED
PURSUANT TO SECTION 
22-60.5-305.5;
(II)  I
NCLUDED AS A COURSE IN A POST-GRADUATE DEGREE PROGRAM
IN TEACHING READING OR LITERACY
;
(III)  P
ROVIDED BY THE DEPARTMENT OR INCLUDED ON THE
ADVISORY LIST OF RIGOROUS PROFESSIONAL DEVELOPMENT PROGRAMS
PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION 
22-7-1209 (2)(c); OR
(IV)  PROVIDED BY A LOCAL EDUCATION PROVIDER OR IS
APPROPRIATE FOR LICENSE RENEWAL PURSUANT TO SECTION 
22-60.5-110
(3).
PAGE 2-SENATE BILL 22-004 (b)  THE DEPARTMENT SHALL PROVIDE , AT NO COST, TRAINING FOR
ELEMENTARY SCHOOL ADMINISTRATORS TO MEET THE REQUIREMENTS
SPECIFIED IN SUBSECTION
 (6.5)(a) OF THIS SECTION. THE DEPARTMENT MAY
PROVIDE THE TRAINING IN
-PERSON OR ONLINE.
(c)  N
OTWITHSTANDING SUBSECTION (6.5)(a) OF THIS SECTION, A
LOCAL EDUCATION PROVIDER THAT IS NOT IN COMPLIANCE WITH THE
REQUIREMENTS OF THIS SUBSECTION 
(6.5) AS OF THE BEGINNING OF THE
2024-25 SCHOOL YEAR OR FOR A SUBSEQUENT SCHOOL YEAR MAY REQUEST
A ONE
-YEAR EXTENSION FROM THE STATE BOARD BASED ON A
DEMONSTRATION OF GOOD CAUSE FOR INABILITY TO COMPLY
.
(d)  T
HE STATE BOARD MAY ADOPT RULES AS NECESSARY TO SPECIFY
THE CONTENT AND MINIMUM NUMBER OF HOURS REQUIRED FOR THE
TRAINING DESCRIBED IN SUBSECTION
 (6.5)(a) OF THIS SECTION; THE TIME
FRAMES AND PROCEDURES FOR COMPLYING WITH THE REQUIREMENTS
SPECIFIED IN SUBSECTION
 (6.5)(a) OF THIS SECTION AND FOR APPLYING FOR
AN EXTENSION PURSUANT TO SUBSECTION
 (6.5)(c) OF THIS SECTION; AND
THE FORM IN WHICH A LOCAL EDUCATION PROVIDER MUST SUBMIT EVIDENCE
OF THE COMPLETION OF THE TRAINING REQUIRED IN SUBSECTION
 (6.5)(a) OF
THIS SECTION
.
(6.7) (a)  B
Y THE BEGINNING OF THE 2024-25 SCHOOL YEAR AND
CONTINUING FOR EACH SCHOOL YEAR THEREAFTER
, EACH LOCAL EDUCATION
PROVIDER THAT RECEIVES PER
-PUPIL INTERVENTION MONEY OR A GRANT
THROUGH THE EARLY LITERACY GRANT PROGRAM IN ANY BUDGET YEAR
STARTING WITH THE 
2023-24 BUDGET YEAR SHALL ENSURE THAT EACH
READING INTERVENTIONIST EMPLOYED TO TEACH STUDENTS IN ANY OF
GRADES FOUR THROUGH TWELVE SUCCESSFULLY COMPLETES OR HAS
SUCCESSFULLY COMPLETED EVIDENCE
-BASED TRAINING IN TEACHING
READING AS DESCRIBED FOR TEACHERS IN SUBSECTION 
(6) OF THIS SECTION.
T
O COMPLY WITH THIS SUBSECTION (6.7)(a), A LOCAL EDUCATION PROVIDER
SHALL SUBMIT EVIDENCE THAT EACH READING INTERVENTIONIST EMPLOYED
TO TEACH STUDENTS IN ANY OF GRADES FOUR THROUGH TWELVE HAS
PASSED AN END
-OF-COURSE ASSESSMENT OF LEARNING AT THE COMPLETION
OF THE EVIDENCE
-BASED TRAINING.
(b)  T
HE DEPARTMENT SHALL PROVIDE , AT NO COST, TRAINING FOR
READING INTERVENTIONISTS TO MEET THE REQUIREMENTS SPECIFIED IN
SUBSECTION
 (6.7)(a) OF THIS SECTION. THE DEPARTMENT MAY PROVIDE THE
PAGE 3-SENATE BILL 22-004 TRAINING IN-PERSON OR ONLINE.
(c)  N
OTWITHSTANDING SUBSECTION (6.7)(a) OF THIS SECTION, A
LOCAL EDUCATION PROVIDER THAT IS NOT IN COMPLIANCE WITH THE
REQUIREMENTS OF THIS SUBSECTION 
(6.7) AS OF THE BEGINNING OF THE
2024-25 SCHOOL YEAR OR FOR A SUBSEQUENT SCHOOL YEAR MAY REQUEST
A ONE
-YEAR EXTENSION FROM THE STATE BOARD BASED ON A
DEMONSTRATION OF GOOD CAUSE FOR INABILITY TO COMPLY
.
(d)  T
HE STATE BOARD MAY ADOPT RULES AS NECESSARY TO SPECIFY
THE CONTENT AND MINIMUM NUMBER OF HOURS REQUIRED FOR TRAINING
FOR READING INTERVENTIONISTS REQUIRED IN SUBSECTION
 (6.7)(a) OF THIS
SECTION
; TIME FRAMES AND PROCEDURES FOR COMPLYING WITH THE
REQUIREMENTS SPECIFIED IN SUBSECTION
 (6.7)(a) OF THIS SECTION AND FOR
APPLYING FOR AN EXTENSION PURSUANT TO SUBSECTION
 (6.7)(c) OF THIS
SECTION
; AND THE FORM IN WHICH A LOCAL EDUCATION PROVIDER MUST
SUBMIT EVIDENCE OF THE COMPLETION OF AN END
-OF-COURSE ASSESSMENT
OF LEARNING AS REQUIRED IN SUBSECTION
 (6.7)(a) OF THIS SECTION.
SECTION 2. In Colorado Revised Statutes, 22-7-1209, amend
(2)(c) introductory portion as follows:
22-7-1209.  State board - rules - department - duties.
(2) (c)  Using the procedure developed pursuant to subsection (3) of this
section, the department shall create an advisory list of rigorous professional
development programs that
 FOR TEACHERS, READING INTERVENTIONISTS,
PRINCIPALS, AND ADMINISTRATORS , WHICH PROGRAMS are related to
addressing significant reading deficiencies and to applying intervention
instruction and strategies, in addition to programs related to teaching
general literacy, that local education providers are encouraged to use. The
department shall include on the advisory list professional development
programs that are available online. The department shall ensure that each
professional development program included on the advisory list is:
SECTION 3. In Colorado Revised Statutes, 22-7-1210, amend
(4)(d)(I)(E) as follows:
22-7-1210.  Early literacy fund - created. (4)  The money in the
fund is subject to annual appropriation by the general assembly to the
department. The department shall annually expend the money in the fund
PAGE 4-SENATE BILL 22-004 as follows:
(d) (I)  Beginning in the 2020-21 budget year and for budget years
thereafter, the department shall annually expend the money credited to the
early literacy fund for the following purposes:
(E)  To pay the costs incurred in providing to local education
providers technical assistance in implementing this part 12, and
 training in
teaching reading for teachers employed to teach kindergarten and grades
one through three 
AND FOR READING INTERVENTIONISTS EMPLOYED TO
TEACH GRADES FOUR THROUGH TWELVE
, TRAINING FOR PRINCIPALS AND
ADMINISTRATORS PURSUANT TO SECTION 
22-7-1208 (6.5), AND TRAINING
FOR LIBRARIANS PURSUANT TO SECTION 
24-90-121; monitoring the use of
money received as per-pupil intervention money or grants through the early
literacy grant program; and fulfilling the administrative requirements
specified in this part 12.
SECTION 4. In Colorado Revised Statutes, 22-7-1210.5, amend
(4)(g); and add (3)(b)(II.5) as follows:
22-7-1210.5.  Per-pupil intervention money - uses - distribution
- monitoring - repeal. (3) (b)  To receive per-pupil intervention money in
a budget year, a local education provider must meet the following
requirements:
(II.5)  F
OR THE 2024-25 BUDGET YEAR AND BUDGET YEARS
THEREAFTER
, THE LOCAL EDUCATION PROVIDER MUST SUBMIT EVIDENCE
THAT IT IS IN COMPLIANCE WITH THE PRINCIPAL AND ADMINISTRATOR
TRAINING REQUIREMENTS SPECIFIED IN SECTION 
22-7-1208 (6.5) AND THE
READING INTERVENTIONIST TRAINING REQUIREMENTS SPECIFIED IN SECTION
22-7-1208 (6.7);
(4)  A local education provider may use the per-pupil intervention
money only as follows:
(g)  To provide professional development programming to support
educators in teaching reading. Professional development programming
authorized in this subsection (4)(g) may include hiring a reading coach who
is trained in teaching the foundational reading skills of phonemic
awareness, phonics, vocabulary development, reading fluency, including
PAGE 5-SENATE BILL 22-004 oral skills, and reading comprehension to provide job-embedded, ongoing
professional development to support kindergarten-through-third-grade
teacher competence in teaching phonemic awareness, phonics, vocabulary
development, reading fluency, including oral skills, and reading
comprehension. A local education provider that has not fully complied with
section 22-7-1208 (6)
 SECTION 22-7-1208 (6), (6.5), OR (6.7) is strongly
encouraged to use per-pupil intervention money to ensure that all teachers
employed by the local education provider to teach kindergarten or any of
grades one through three 
AND ALL READING INTERVENTIONISTS EMPLOYED
TO TEACH GRADES FOUR THROUGH TWELVE
 successfully complete
evidence-based training in teaching reading, 
AND THE PRINCIPALS AND
ADMINISTRATORS DESCRIBED IN SECTION 
22-7-1208 (6.5)(a) SUCCESSFULLY
COMPLETE EVIDENCE
-BASED TRAINING IN THE SCIENCE OF READING, before
using the money for other authorized purposes.
SECTION 5. In Colorado Revised Statutes, add 24-90-121 as
follows:
24-90-121.  Public libraries - science of reading - training - report
- definitions. (1)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a)  "D
IRECTOR" MEANS THE DIRECTOR OF A BOARD OF TRUSTEES
EMPLOYED BY THE BOARD OF TRUSTEES PURSUANT TO SECTION 
24-90-109
(1)(c).
(b)  "E
VIDENCE-BASED TRAINING IN THE SCIENCE OF READING " OR
"TRAINING" MEANS TRAINING THAT:
(I)  I
S BASED ON RELIABLE, TRUSTWORTHY, AND VALID EVIDENCE;
(II)  I
NCLUDES EXPLANATION AND INSTRUCTION IN THE AREAS OF
PHONEMIC AWARENESS
, PHONICS, VOCABULARY DEVELOPMENT , READING
FLUENCY
, INCLUDING ORAL SKILLS, AND READING COMPREHENSION ; AND
(III)  IS INCLUDED ON THE ADVISORY LIST OF RIGOROUS
PROFESSIONAL DEVELOPMENT PROGRAMS CREATED AND MAINTAINED BY
THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 
22-7-1209 (2)(c).
(2) (a)  T
HE DIRECTOR OF EACH PUBLIC LIBRARY IS ENCOURAGED TO
PAGE 6-SENATE BILL 22-004 WORK WITH THE DEPARTMENT OF EDUCATION TO PROVIDE EVIDENCE -BASED
TRAINING IN THE SCIENCE OF READING FOR EACH LIBRARIAN WHO WORKS
WITH CHILDREN ENROLLED IN PRESCHOOL
, KINDERGARTEN, OR EARLY
ELEMENTARY GRADES
. IN ADDITION, THE DIRECTOR IS ENCOURAGED TO
IDENTIFY AND PROVIDE IN THE LIBRARY MATERIALS AND ACTIVITIES FOR
PARENTS AND CHILDREN TO IMPROVE LITERACY
, WHICH MATERIALS AND
ACTIVITIES ARE APPROPRIATE FOR PRESCHOOL
, KINDERGARTEN THROUGH
SECOND GRADE
, AND THIRD THROUGH SIXTH GRADE AND ARE DESIGNED TO
IMPROVE READING COMPETENCY IN THE AREAS OF PHONEMIC AWARENESS
;
PHONICS; VOCABULARY DEVELOPMENT ; READING FLUENCY, INCLUDING ORAL
SKILLS
; AND READING COMPREHENSION .
(b)  A
T THE REQUEST OF A DIRECTOR , THE DEPARTMENT OF
EDUCATION SHALL PROVIDE
, AT NO COST TO THE PUBLIC LIBRARY ,
EVIDENCE-BASED TRAINING IN THE SCIENCE OF READING TO ONE OR MORE
LIBRARIANS WHO ARE EMPLOYED BY THE PUBLIC LIBRARY
. THE DEPARTMENT
MAY PROVIDE THE TRAINING IN
-PERSON OR ONLINE AND MAY PROVIDE THE
SAME TRAINING FOR LIBRARIANS THAT IT PROVIDES FOR TEACHERS
PURSUANT TO SECTION 
22-7-1208 (6)(c).
(3)  T
HE DIRECTOR OF EACH PUBLIC LIBRARY MAY PREPARE A PLAN
DESCRIBING HOW THE DIRECTOR AND THE LIBRARIANS EMPLOYED AT THE
LIBRARY WILL WORK WITH CHILDREN AND THEIR PARENTS TO SUPPORT
LITERACY USING MATERIALS
, ACTIVITIES, AND STRATEGIES THAT ARE
SUPPORTED BY THE SCIENCE OF READING
. THE DIRECTOR IS ENCOURAGED TO
SUBMIT THE PLAN TO THE STATE LIBRARIAN BY 
JULY 1, 2024.
SECTION 6. In Colorado Revised Statutes, 24-90-105, add (2)(g)
as follows:
24-90-105.  Powers and duties of state librarian. (2)  The state
librarian has the following powers and duties with respect to other publicly
supported libraries in the state:
(g)  T
O WORK WITH PUBLIC LIBRARIES THROUGHOUT THE STATE TO
FACILITATE ACCESS TO EVIDENCE
-BASED TRAINING IN THE SCIENCE OF
READING
, AS DEFINED IN SECTION 24-90-121, FOR LIBRARIANS AND ASSIST
IN IDENTIFYING MATERIALS AND ACTIVITIES FOR PARENTS AND CHILDREN TO
IMPROVE LITERACY
, AS DESCRIBED IN SECTION 24-90-121.
PAGE 7-SENATE BILL 22-004 SECTION 7. Appropriation. (1)  For the 2022-23 state fiscal year,
$251,139 is appropriated to the department of education. This appropriation
is from the early literacy fund created in section 22-7-1210 (1), C.R.S., and
is based on an assumption that the department will require an additional 0.8
FTE. To implement this act, the department may use this appropriation for
early literacy program administration and technical support.
SECTION 8. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
PAGE 8-SENATE BILL 22-004 unless approved by the people at the general election to be held in
November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________  ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________  ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 9-SENATE BILL 22-004