Colorado 2023 2023 Regular Session

Colorado Senate Bill SB181 Introduced / Bill

Filed 03/06/2023

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 23-0800.01 Amber Paoloemilio x5497
SENATE BILL 23-181
Senate Committees House Committees
Education
A BILL FOR AN ACT
C
ONCERNING IMPLEMENTING DYSLEXIA SCREENING IN SCHOOLS .101
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
.)
The bill implements recommendations from the dyslexia working
group. The bill:
! Directs school districts, boards of cooperative services,
charter schools, and institute charter schools (local
education providers) to screen for students at risk of
foundational literacy skill deficits;
! Directs local education providers to provide
evidence-based supplemental instruction and intervention
SENATE SPONSORSHIP
Winter F. and Mullica, 
HOUSE SPONSORSHIP
(None), 
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. for children at risk of foundational literacy skill deficits;
! Requires local education providers to provide the public
and parents information regarding which screening and
interventions the local education provider uses for
foundational literacy skill deficits;
! Requires the department of education to provide
professional development for local education providers and
the public in evidence-based best practices, including
screening, supplemental instruction, and intervention; and
! Establishes an independent ombudsman office.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Legislative declaration. (1)  The general assembly2
finds and declares that:3
(a)  Reading proficiency is a crucial skill that children must learn4
in school as it is fundamental to essential life activities. Lack of reading5
proficiency can restrict a student's access to content in all academic6
subjects and result in negative consequences such as grade retention; risk7
of dropping out; limited employment opportunities; limited civic8
participation such as jury duty; difficulties with basic life tasks, such as9
accessing medical care and housing; and increased risk of mental health10
issues. The long-term effects of reading difficulties can be devastating.11
According to a study, poor readers are 3 times more likely to consider or12
attempt suicide, and according to another study, approximately 80% of13
persons who are incarcerated are reported to be functionally illiterate.14
(b)  A Gallup analysis of the United States Department of15
Education's data on illiteracy found that around 130 million adults in the16
United States have low literacy skills and that more than half of17
Americans between the ages of 16 and 74 read below the equivalent of a18
sixth-grade level. The Colorado Department of Education in the 202019
Dyslexia Handbook states the prevalence of dyslexia ranges from 5-17%20
SB23-181-2- of the population. According to the Learning Disability Association of1
America, the number of people with dyslexia is around 14.5 to 43.52
million children and adults in the United States. According to a study in3
the Journal of Pediatrics, the achievement gap between typical and4
dyslexic readers is evident as early as first grade, and this gap persists into5
adolescence.6
(c)  These findings provide strong evidence for early identification7
of and intervention for young children at risk for dyslexia. Implementing8
effective reading programs as early as kindergarten or even preschool9
offers the potential to close the achievement gap.10
(d)  Rather than assessing students overall, students should be11
assessed in the areas holding a risk of future reading difficulties,12
including dyslexia. According to the International Dyslexia Association,13
research indicates that brain plasticity decreases during childhood. It takes14
4 times as long to intervene in the fourth grade compared to late15
kindergarten, if the first signs of risk are identified and appropriate16
instruction occurs.17
(e)  Research indicates the importance of using evidence-based18
practices and reliable screening tools to identify students at risk of19
reading difficulties as early as possible. This ensures that students receive20
the appropriate support and intervention early to succeed in their reading21
development.22
(f)  Federal laws and regulations, such as the "Individuals with23
Disabilities Education Act", and specifically the "Child Find" provision,24
20 U.S.C. sec. 1400 (d), require the states to have policies and procedures25
in place ensuring that every student in need of special education and26
related services is identified and evaluated. Because a student with27
SB23-181
-3- dyslexia may be a student with a disability under the "Individuals with1
Disabilities Education Act", the "Child Find" provision includes these2
students. Pursuant to section 504 of the federal "Rehabilitation Act of3
1973", public schools must annually attempt to identify and locate every4
qualified student with a disability residing in its jurisdiction and notify the5
student and the parents of the rights afforded to them pursuant to section6
504.7
(g)  As of the beginning of 2023, as many as 40 states have8
mandated screening specifically for dyslexia, and Colorado is not one of9
them; and10
(h)  In 2008, House Bill 08-1223 encouraged the Department of11
Education and Colorado school districts to increase overall awareness of12
literacy challenges, including dyslexia, and encouraged the use of13
appropriate interventions for students. In 2019, House Bill 19-113414
established the dyslexia working group, comprised of various15
stakeholders, including representation from rural schools. In that same16
year, 30 other states passed mandated screening legislation. The dyslexia17
working group recommended establishing and mandating screening for18
students at risk of dyslexia and reading challenges in their annual reports19
to the general assembly in 2020, 2021, and 2022.20
(2)  Therefore, the general assembly finds and recognizes that21
universal screening for early risk of dyslexia and other reading challenges22
is critical to the health and well-being of Colorado's students.23
SECTION 2. In Colorado Revised Statutes, add 22-7-1215 as24
follows:25
22-7-1215.  Reading difficulty early screening - reporting -26
resources - training - ombudsmen - grievance process - rules -27
SB23-181
-4- definitions. (1)  A S USED IN THIS SECTION, UNLESS THE CONTEXT1
OTHERWISE REQUIRES:2
(a)  "A
T-RISK STUDENT" MEANS A STUDENT WHO HAS3
DEMONSTRATED WEAKNESSES IN EMERGENT PRINT SKILLS , EMERGENT4
READING COMPREHENSION SKILLS , PRINT SKILLS, AND READING5
COMPREHENSION SKILLS THAT INDICATE A PROBABILITY THAT THE6
STUDENT DOES OR WILL STRUGGLE WITH LEARNING TO READ , WRITE, OR7
SPELL WITH ACCURACY AND FLUENCY .8
(b)  "D
ECODING" MEANS THE KNOWLEDGE OF SOUND -SYMBOL9
CORRESPONDENCE TO READ WORDS .10
(c)  "E
MERGENT COMPREHENSION SKILLS " MEANS PRE-READING11
SKILLS THAT SUPPORT READING COMPREHENSION , INCLUDING12
VOCABULARY KNOWLEDGE , BOTH RECEPTIVE AND EXPRESSIVE , AND13
LISTENING COMPREHENSION.14
(d)  "E
MERGENT PRINT SKILLS" MEANS PRE-READING SKILLS THAT15
SUPPORT DECODING, WORD READING, SPELLING, AND ACCURATE TEXT16
READING, INCLUDING PHONOLOGICAL AWARENESS , PHONEMIC17
AWARENESS, ALPHABET KNOWLEDGE, AND SOUND-SYMBOL RECOGNITION.18
(e)  "E
NCODING" MEANS A STUDENT'S SPELLING ABILITY THAT19
REFLECTS AN UNDERSTANDING OF SOUND -SYMBOL RELATIONSHIPS AND20
CONVENTIONAL SPELLING PATTERNS .21
(f)  "F
AMILY AND TEACHER OBSERVATIONS " MEANS ADDITIONAL22
INFORMATION PROVIDED BY A STUDENT 'S FAMILY AND TEACHERS ABOUT23
A STUDENT'S BACKGROUND, INCLUDING FAMILY HISTORY OF READING24
DIFFICULTIES OR CHALLENGES , CLASSROOM PERFORMANCE , RATING25
SCALES OR INFORMAL DESCRIPTIONS OF THE STUDENT 'S LANGUAGE26
ABILITIES, AND BEHAVIOR AND ACADEMIC STANDINGS .27
SB23-181
-5- (g)  "FLUENCY" MEANS ORAL READING ACCURACY AND ORAL1
READING RATE.2
(h)  "G
RAPHEMES" MEANS THE LETTERS AND SPELLINGS THAT3
REPRESENT THE SOUNDS IN WRITTEN LANGUAGE	.4
(i)  "I
NDIVIDUAL EDUCATION PROGRAM " OR "IEP" HAS THE SAME5
MEANING AS SET FORTH IN SECTION 22-20-103.6
(j)  "I
NFORMAL DIAGNOSTIC ASSESSMENT " MEANS A VALID AND7
RELIABLE PROCEDURE USED TO IDENTIFY A STUDENT 'S SPECIFIC AREAS OF8
LITERACY STRENGTHS AND WEAKNESSES ; DETERMINE DIFFICULTIES A9
STUDENT MAY HAVE LEARNING TO READ , WRITE, AND SPELL; AND10
DETERMINE LITERACY INTERVENTIONS FOR A STUDENT .11
(k)  "L
ITERACY" MEANS THE ABILITY TO USE LANGUAGE TO READ ,12
WRITE, LISTEN, AND SPEAK.13
(l)  "M
ORPHOLOGICAL AWARENESS " MEANS AN UNDERSTANDING14
OF HOW WORDS CAN BE BROKEN DOWN INTO SMALLER UNITS CALLED15
MORPHEMES AND INCLUDE ROOTS , BASES, PREFIXES, AND SUFFIXES.16
(m)  "M
ULTILINGUAL LEARNER" MEANS A STUDENT WHO IS17
LINGUISTICALLY DIVERSE AND IS IDENTIFIED USING THE STATE-APPROVED18
E
NGLISH LANGUAGE PROFICIENCY ASSESSMENT AS HAVING A LEVEL OF19
E
NGLISH LANGUAGE PROFICIENCY THAT REQUIRES LANGUAGE SUPPORT TO20
ACHIEVE GRADE-LEVEL STANDARDS IN ENGLISH.21
(n)  "O
RAL READING FLUENCY" MEANS READING ALOUD AT AN22
APPROPRIATE RATE WITH WORD LEVEL ACCURACY AND EXPRESSION .23
(o)  "O
RAL READING FLUENCY SCREENING" MEANS AN ASSESSMENT24
THAT REFLECTS DATA ON BOTH RATE , WORDS CORRECT PER MINUTE, AND25
ACCURACY, TOTAL WORDS READ CORRECTLY .26
(p)  "P
HONEMIC AWARENESS" MEANS THE ABILITY TO DISTINGUISH,27
SB23-181
-6- SEGMENT, BLEND, AND MANIPULATE PHONEMES IN WORDS .1
(q)  "P
HONICS" MEANS THE PREDICTABLE RELATIONSHIP BETWEEN2
PHONEMES AND GRAPHEMES .3
(r)  "P
HONOLOGICAL AWARENESS " MEANS THE ABILITY TO4
RECOGNIZE AND MANIPULATE RHYMES , WORDS, SYLLABLES, ONSETS AND5
RIMES, AND PHONEMES.6
(s)  "P
RINT SKILLS" MEANS THE ABILITY TO DECODE THE WRITTEN7
WORD, CONNECT PRINTED WORD TO ITS SOUND AND MEANING WITH8
ACCURACY AND AUTOMATICITY , AND ENCODE ACCURATELY .9
(t)  "P
ROGRESS MONITORING" MEANS A MEASUREMENT PROCEDURE10
USED AT SPECIFIED TIME INTERVALS TO MEASURE A STUDENT 'S RESPONSE11
TO INSTRUCTION AND INTERVENTION .12
(u)  "R
APID AUTOMATIC NAMING " MEANS THE ABILITY TO13
ACCURATELY AND AUTOMATICALLY NAME A REPEATED SEQUENCE OF14
KNOWN OBJECTS, COLORS, NUMBERS, OR LETTERS.15
(v)  "R
EADING COMPREHENSION " MEANS THE ABILITY TO16
UNDERSTAND AND INTERPRET WHAT IS READ .17
(w)  "R
EADING COMPREHENSION SKILLS" MEANS ABILITIES NEEDED18
TO UNDERSTAND A TEXT FULLY , INCLUDING DECODING THE ALPHABET AND19
WORDS, LANGUAGE FLUENCY, STRONG VOCABULARY , UNDERSTANDING20
SENTENCE STRUCTURE, BACKGROUND KNOWLEDGE OF THE TOPIC , AND21
WORKING MEMORY .22
(x)  "R
EADING VOCABULARY " MEANS THE WORDS NEEDED TO23
KNOW AND UNDERSTAND WHAT IS READ .24
(y)  "R
ESPONSE TO INTERVENTION" OR "RTI" MEANS A PREVENTIVE25
APPROACH TO IMPROVING INDIVIDUAL OUTCOMES THROUGH26
HIGH-QUALITY UNIVERSAL INSTRUCTION WITHIN A MULTI -TIERED SYSTEM27
SB23-181
-7- OF SUPPORT THAT CONNECT SUPPORTS MATCHED TO STUDENTS ' ACADEMIC,1
SOCIAL-EMOTIONAL, AND BEHAVIORAL NEEDS.2
(z)  "S
CREENING" OR "SCREENING INSTRUMENT" MEANS A BRIEF,3
VALID, AND RELIABLE MEASUREMENT PROCEDURE USED TO IDENTIFY OR4
PREDICT WHETHER A STUDENT MAY BE AT RISK FOR INADE	QUATE5
LEARNING OUTCOMES.6
(aa)  "S
KILLS" MEANS THE ACQUISITION OF THE FOUNDATIONAL7
INFORMATION AND TOOLS REQUIRED TO RAPIDLY RECOGNIZE AND DECODE8
PRINTED WORDS IN A MEANINGFUL CONNECTED TEXT , AND NEARLY9
EFFORTLESSLY RECORD IDEAS IN PRINT.10
(bb)  "S
TANDARDS" MEANS CLEAR, MEASURABLE LEARNING11
TARGETS THAT EXPLAIN THE INFORMATION A STUDENT SHOULD KNOW OR12
SKILLS A STUDENT SHOULD BE ABLE TO PERFORM IN A PARTICULAR13
INSTRUCTIONAL AREA.14
(cc)  "S
TUDENT" MEANS A YOUTH WHO:15
(I)  I
S ENROLLED IN PRESCHOOL WITH A LOCAL EDUCATION16
PROVIDER; OR17
(II)  I
S AT LEAST FIVE YEARS OF AGE ON OR BEFORE OCTOBER 1 OF18
THE SCHOOL YEAR THE STUDE NT WILL ATTEND KINDERGARTEN	; OR19
(III)  E
NTERS OR TRANSFERS TO A PUBLIC SCHOOL IN PRESCHOOL ,20
KINDERGARTEN, FIRST GRADE, SECOND GRADE, OR THIRD GRADE; OR21
(IV)  E
NTERS OR TRANSFERS TO A PUBLIC SCHOOL IN GRADE FOUR22
OR HIGHER WHO:23
(A)  H
AS NOT BEEN PREVIOUSLY SCREENED IN THIS STATE FOR24
READING DIFFICULTIES AS DEFINED IN THIS SECTION;25
(B)  D
EMONSTRATES DIFFICULTY MASTERING GRADE -LEVEL26
READING; OR27
SB23-181
-8- (C)  WHOSE PARENTS OR TEACHER REQUEST AN ASSESSMENT .1
(dd)  "S
UPPLEMENTAL READING INSTRUCTION " MEANS AN2
EVIDENCE-BASED, SEQUENTIAL, SYSTEMATIC, EXPLICIT, AND CUMULATIVE3
INSTRUCTION OR INTERVENTION OF FOUNDATIONAL READING SKILLS ,4
INCLUDING PHONOLOGICAL OR PHONEMIC AWARENESS AND PROCESSING ,5
PHONICS, MORPHOLOGICAL AWARENESS , AND VOCABULARY TO SUPPORT6
THE DEVELOPMENT OF DECODING , ENCODING, FLUENCY, AND READING7
COMPREHENSION SKILLS TO MEET GRADE LEVEL CURRICULUM AND8
GRADE-LEVEL STANDARDS.9
(ee)  "W
ORD READING" MEANS CONNECTING A PRINTED WORD TO10
ITS SOUND AND MEANING WITH ACCURACY AND AUTOMATICITY .11
(2) (a)  B
EGINNING IN THE 2024-25 SCHOOL YEAR, EACH LOCAL12
EDUCATION PROVIDER SHALL ENSURE THAT STUDENTS ARE SCREENED TO13
IDENTIFY IF A STUDENT IS AN AT-RISK STUDENT. A SCREENING MAY BE14
CONDUCTED BY:15
(I)  A
 CLASSROOM TEACHER;16
(II)  A
 SCHOOL PSYCHOLOGIST;17
(III)  A
 SPECIAL EDUCATION TEACHER;18
(IV)  A
 SPEECH-LANGUAGE PATHOLOGIST ;19
(V)  A
 READING INTERVENTIONIST;20
(VI)  A
 DESIGNATED READING SPECIALIST; OR21
(VII)  A
NY OTHER INDIVIDUAL TRAINED IN SCREENING22
INSTRUMENTS AND PROTOCOLS AND AUTHORIZED BY THE LOCAL23
EDUCATION PROVIDER TO ADMINISTER THE SCREENING INSTRUMENTS .24
(b)  U
PON REGISTRATION OF A STUDENT AT A PUBLIC SCHOOL , THE25
LOCAL EDUCATION PROVIDER SHALL PROVIDE THE PARENT OR GUARDIAN26
OF THE STUDENT:27
SB23-181
-9- (I)  A DESCRIPTION OF THE SCREENING AND SUPPLEMENTAL1
INSTRUCTION PROCESS FOR THE LOCAL EDUCATION PROVIDER ; AND2
(II)  A
NY CHECKLISTS OR FORMS NEEDED TO SUPPORT THE3
SCREENING PROTOCOL.4
(c)  A
 LOCAL EDUCATION PROVIDER SHALL SELECT ONE OR MORE5
APPROPRIATE SCREENING INSTRUMENTS FROM THE APPROVED LIST THAT :6
(I)  A
CCURATELY AND RELIABLY IDENTIFY STUDENTS AT RISK ;7
(II)  A
RE DEVELOPMENTALLY APPROPRIATE ;8
(III)  A
RE ECONOMICAL TO ADMINISTER IN TIME AND COST ;9
(IV)  A
RE NOT REDUNDANT;10
(V)  U
SE NORM-REFERENCED OR CRITERION-BASED SCORES; AND11
(VI)  I
NCLUDE EMERGENT PRINT SKILLS , EMERGENT12
COMPREHENSION SKILLS, PRINT SKILLS, READING COMPREHENSION SKILLS,13
RAPID AUTOMATIC NAMING , ORAL READING FLUENCY, AND FAMILY AND14
TEACHER HISTORY AND OBSERVATIONS .15
(d)  I
F A LOCAL EDUCATION PROVIDER HAS SELECTED AN16
ASSESSMENT PURSUANT TO SECTION 22-7-1205 THAT DOES NOT ASSESS17
THE SKILLS DESCRIBED IN SUBSECTIONS (2)(e) TO (2)(h) OF THIS SECTION18
IN A SUFFICIENTLY VALID, RELIABLE, AND SENSITIVE MANNER USING19
NORM-REFERENCED AND CRITERION -BASED SCORES, THE LOCAL20
EDUCATION PROVIDER MAY CHOOSE AN ADDITIONAL SCREENING21
INSTRUMENT WHICH MEETS THE REQUIREMENTS OF SUBSECTION (2)(c) OF22
THIS SECTION NO LATER THAN AUGUST 1, 2025.23
(e)  F
OR A STUDENT IN PRESCHOOL, A LOCAL EDUCATION PROVIDER24
SHALL USE ONE OR MORE SCREENING INSTRUMENTS THAT ASSESS25
PHONOLOGICAL AWARENESS AND PHONEMIC AWARENESS .26
(f)  F
OR A STUDENT IN KINDERGARTEN , A LOCAL EDUCATION27
SB23-181
-10- PROVIDER SHALL USE ONE OR MORE SCREENING INSTRUMENTS THAT1
ASSESS:2
(I)  E
MERGENT PRINT SKILLS , INCLUDING PHONOLOGICAL3
AWARENESS, PHONEMIC AWARENESS , ALPHABET KNOWLEDGE , AND4
SOUND-SYMBOL RECOGNITION;5
(II)  E
MERGENT COMPREHENSION SKILLS , INCLUDING ORAL6
VOCABULARY AND LISTENING COMPREHENSION ;7
(III)  R
APID AUTOMATIZED NAMING ; AND8
(IV)  F
AMILY AND TEACHER OBSERVATION , INCLUDING FAMILY9
HISTORY OF READING CHALLENGES .10
(g)  F
OR A STUDENT IN FIRST GRADE , A LOCAL EDUCATION11
PROVIDER SHALL USE ONE OR MORE SCREENING INSTRUMENTS THAT12
ASSESS:13
(I)  E
MERGENT PRINT SKILLS , INCLUDING PHONOLOGICAL14
AWARENESS AND PHONEMIC AWARENESS , ALPHABET KNOWLEDGE , AND15
SOUND-SYMBOL RECOGNITION;16
(II)  E
MERGENT COMPREHENSION SKILLS , INCLUDING ORAL17
VOCABULARY AND LISTENING COMPREHENSION ;18
(III)  P
RINT SKILLS, INCLUDING DECODING, AUTOMATIC AND19
FLUENT SINGLE-WORD READING OF NONSENSE AND REAL WORDS ,20
ENCODING, AND STARTING IN THE MIDDLE OF FIRST GRADE, ORAL READING21
FLUENCY;22
(IV)  R
EADING COMPREHENSION SKILLS , INCLUDING READING23
VOCABULARY AND READING COMPREHENSION ;24
(V)  R
APID AUTOMATIZED NAMING ; AND25
(VI)  F
AMILY AND TEACHER OBSERVATION , INCLUDING FAMILY26
HISTORY OF READING CHALLENGES .27
SB23-181
-11- (h)  FOR A STUDENT IN SECOND GRADE OR ABOVE , A LOCAL1
EDUCATION PROVIDER SHALL USE ONE OR MORE SCREENING INSTRUMENTS2
THAT ASSESS:3
(I)  P
RINT SKILLS, INCLUDING ORAL READING FLUENCY AND4
AUTOMATIC AND FLUENT SINGLE-WORD READING OF NONSENSE AND REAL5
WORDS;6
(II)  E
NCODING;7
(III)  R
EADING COMPREHENSION SKILLS , INCLUDING READING8
VOCABULARY AND READING COMPREHENSION ;9
(IV)  F
AMILY AND TEACHER OBSERVATION , INCLUDING FAMILY10
HISTORY OF READING CHALLENGES ; AND11
(V)  R
APID AUTOMATIZED NAMING , IF THE STUDENT HAS NOT BEEN12
PREVIOUSLY ASSESSED WITH A RAPID AUTOMATIZED NAMING ASSESSMENT13
IN KINDERGARTEN OR FIRST GRADE.14
(3)  S
TUDENTS MUST BE SCREENED ACCORDING TO THE SCHEDULE15
OF THE SCREENING INSTRUMENT SELECTED BY THE LOCAL EDUCATION16
PROVIDER AND PURSUANT TO THIS PART 12.17
(4)  I
F THE SCREENING RESULTS INDICATE THAT A STUDENT IS AT18
RISK OF READING DIFFICULTIES IN ANY SKILL AREA MENTIONED IN THIS19
SECTION, THE LOCAL EDUCATION PROVIDER SHALL :20
(a)  C
ONDUCT AN INFORMAL DIAGNOSTIC ASSESSMENT OF THE21
STUDENT TO DETERMINE THE SPECIFIC AREAS OF INSTRUCTIONAL NEED FOR22
SUPPLEMENTAL READING INSTRUCTION ;23
(b)  P
ROVIDE SUPPLEMENTAL READING INSTRUCTION TO ADDRESS24
THE STUDENT'S IDENTIFIED AREAS OF NEED, INCLUDING FOUNDATIONAL25
SKILL AREAS; AND26
(c)  S
END A NOTIFICATION LETTER WITHIN FIFTEEN SCHOOL DAYS27
SB23-181
-12- AFTER THE SCREENING RESULTS TO THE PARENT OR GUARDIAN OF THE1
STUDENT THAT INCLUDES:2
(I)  T
HE SCREENING RESULTS;3
(II)  T
HE INFORMAL DIAGNOSTIC ASSESSMENT RESULTS ; AND4
(III)  A
 DESCRIPTION OF THE SUPPLEMENTAL READING INSTRUCTION5
THAT WILL BE PROVIDED TO THE STUDENT .6
(5)  A
 LOCAL EDUCATION PROVIDER SHALL SET A SCHEDULE , WITH7
INTERVALS OF NOT MORE THAN TEN WEEKS , FOR PROGRESS MONITORING8
OF A STUDENT WHO RECEIVES SUPPLEMENTAL READING INSTRUCTION .9
(6)  I
F PROGRESS MONITORING DATA REFLECTS INSUFFICIENT10
PROGRESS, A LOCAL EDUCATION PROVIDER SHALL ADJUST THE11
SUPPLEMENTAL READING INSTRUCTION TO ENSURE THE STUDENT IS12
MAKING CONSISTENT AND ADEQUATE PROGRESS TOWARD GRADE -LEVEL13
STANDARDS.14
(7)  T
HE LOCAL EDUCATION PROVIDER SHALL PROVIDE THE PARENT15
OR GUARDIAN OF THE STUDENT WITH PROGRESS MONITORING16
INFORMATION AS OUTLINED IN SUBSECTION (5) OF THIS SECTION.17
(8)  A
 REFERRAL FOR SPECIAL EDUCATION EVALUATION MAY BE18
MADE AT ANY TIME PURSUANT TO THE "COLORADO EXCEPTIONAL19
C
HILDREN'S EDUCATION ACT", ARTICLE 20 OF THIS TITLE 22, AND THE20
FEDERAL "INDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C.21
SEC. 1400 ET SEQ.22
(9)  E
ACH LOCAL EDUCATION PROVIDER SHALL PROVIDE ON THE23
LOCAL EDUCATION PROVIDER 'S WEBSITE THE FOLLOWING:24
(a)  L
ITERACY SCREENING INSTRUMENTS USED BY THE LOCAL25
EDUCATION PROVIDER;26
(b)  I
NFORMAL DIAGNOSTIC ASSESSMENTS USED BY THE LOCAL27
SB23-181
-13- EDUCATION PROVIDER;1
(c)  A
N INVENTORY OF THE LOCAL EDUCATION PROVIDER 'S2
LITERACY SCREENING ASSESSMENTS , QUESTIONNAIRES, OR CHECKLISTS BY3
GRADE LEVEL AND SCREENING AREA , INCLUDING:4
(I)  E
MERGENT PRINT SKILLS;5
(II)  E
MERGENT COMPREHENSION SKILLS ;6
(III)  P
RINT SKILLS;7
(IV)  R
EADING COMPREHENSION SKILLS ;8
(V)  R
APID AUTOMATIZED NAMING ;9
(VI)  O
RAL READING FLUENCY; AND10
(VII)  F
AMILY AND TEACHER OBSERVATIONS , INCLUDING FAMILY11
HISTORY OF READING CHALLENGES .12
(10)  O
N OR BEFORE SEPTEMBER 1 OF EACH YEAR, BEGINNING WITH13
THE 2025-26 SCHOOL YEAR, EACH LOCAL EDUCATION PROVIDER SHALL14
REPORT TO THE DEPARTMENT THE FOLLOWING DATA , SEPARATED AND15
SEARCHABLE BY LOCAL EDUCATION PROVIDER AND SCHOOL LEVEL ,16
UPDATED ANNUALLY AND AVAILABLE ON THE LOCAL EDUCATION17
PROVIDER'S WEBSITE:18
(a)  T
HE NUMBER OF STUDENTS SCREENED BY THE LOCAL19
EDUCATION PROVIDER IN EACH GRADE LEVEL , DISAGGREGATED BY EACH20
INDIVIDUAL SCHOOL, RACE AND ETHNICITY, SEX, ENGLISH PROFICIENCY,21
AND DISABILITY, IN ADDITION TO THE TOTAL NUMBER OF STUDENTS IN22
EACH GRADE LEVEL;23
(b)  T
HE NUMBER OF STUDENTS IDENTIFIED THROUGH THE24
SCREENING PROCESS AS AT RISK FOR READING DIFFICULTIES IN EACH25
GRADE LEVEL, DISAGGREGATED BY EACH INDIVIDUAL SCHOOL , RACE AND26
ETHNICITY, SEX, ENGLISH PROFICIENCY, AND DISABILITY; AND27
SB23-181
-14- (c)  THE NUMBER OF STUDENTS IDENTIFIED THROUGH THE1
SCREENING PROCESS AS AT RISK FOR READING DIFFICULTIES IN EACH2
GRADE LEVEL WHO RECEIVED SUPPLEMENTAL READING INSTRUCTION ,3
DISAGGREGATED BY EACH INDIVIDUAL SCHOOL , RACE AND ETHNICITY,4
SEX, ENGLISH PROFICIENCY, AND DISABILITY.5
(11)  O
N OR BEFORE JUNE 1, 2025, AND AT LEAST ONCE EVERY FIVE6
YEARS THEREAFTER, THE DEPARTMENT, IN CONSULTATION WITH PARENTS,7
TEACHERS, AND OTHER INTERESTED STAKEHOLDERS , SHALL DEVELOP AND8
UPDATE RESOURCES, WHICH THE DEPARTMENT SHALL MAKE AVAILABLE9
ON THE DEPARTMENT'S WEBSITE. THE RESOURCES MUST INCLUDE :10
(a)  A
 LIST OF RECOMMENDED SCREENING AND INFORMAL11
DIAGNOSTIC ASSESSMENTS THAT MEET THE REQUIREMENTS OF THIS12
SECTION;13
(b)  A
 LIST OF RECOMMENDED SUPPLEMENTAL READING14
INSTRUCTION PROGRAMS AND PROGRESS MONITORING INSTRUMENTS THAT15
MEET THE REQUIREMENTS OF THIS SECTION ;16
(c)  B
EST PRACTICES FOR CHOOSING SCREENING ASSESSMENTS ,17
CHOOSING AND UTILIZING PROGRESS MONITORING ASSESSMENTS , AND18
DATA COLLECTION PROCESSES ;19
(d)  B
EST PRACTICES FOR SUPPLEMENTAL READING INSTRUCTION20
BASED ON INFORMAL DIAGNOSTIC AND PROGRESS MONITORING DATA ;21
(e)  P
ROCEDURES AND CRITERIA FOR APPROPRIATE SCREENING OF22
STUDENTS WHO ARE MULTILINGUAL LEARNERS ;23
(f)  S
AMPLE PARENT AND GUARDIAN NOTIFICATION LETTERS FOR24
READING DIFFICULTIES, INCLUDING DYSLEXIA; AND25
(g)  A
 CHECKLIST OF EARLY WARNING SIGNS OF READING26
DIFFICULTIES, INCLUDING DYSLEXIA, BY GRADE LEVEL.27
SB23-181
-15- (12) (a)  THE DEPARTMENT SHALL PROVIDE TRAINING1
OPPORTUNITIES ANNUALLY FOR INDIVIDUALS WHO CONDUCT SCREENINGS2
PURSUANT TO THIS SECTION AND FOR SCHOOL ADMINISTRATORS ON :3
(I)  B
EST PRACTICES FOR DESIGNING AND IMPLEMENTING A4
MULTI-TIERED SYSTEM OF SUPPORT;5
(II)  T
HE ADMINISTRATION AND INTERPRETATION OF SCREENINGS ,6
INFORMAL DIAGNOSTIC INSTRUMENTS , PROGRESS MONITORING7
INSTRUMENTS, AND STUDENT DATA;8
(III)  P
ROVIDING AND INTERPRETING SCREENINGS , ASSESSMENTS,9
AND PROGRESS MONITORING RESULTS FOR PARENTS ;10
(IV)  T
HE ELEMENTS, PRINCIPLES, AND BEST PRACTICES OF11
SUPPLEMENTAL READING INSTRUCTION ; AND12
(V)  B
EST PRACTICES FOR DESIGNING AND IMPLEMENTING13
SUPPLEMENTAL READING INSTRUCTION BASED ON :14
(A)  I
NFORMAL DIAGNOSTIC ASSESSMENT DATA ; AND15
(B)  P
ROGRESS MONITORING DATA .16
(b)  T
HE DEPARTMENT SHALL MAKE AVAILABLE ON THE17
DEPARTMENT'S WEBSITE THE NUMBER OF PARTICIPANTS FROM EACH LOCAL18
EDUCATION PROVIDER THAT PARTICIPATE IN EACH TRAINING SESSION .19
(13)  T
HE DEPARTMENT SHALL MAKE AVAILABLE BEFORE THE20
START OF THE 2024-25 SCHOOL YEAR, AND BEFORE EACH SCHOOL YEAR21
THEREAFTER, AN ONLINE DYSLEXIA AWARENESS COURSE , UPDATED AS22
NEEDED, FOR PRESCHOOL TO TWELFTH GRADE FOR EDUCATORS , TUTORS,23
PARENTS AND GUARDIANS, AND THE COMMUNITY, THAT INCLUDES:24
(a)  R
ELEVANT COLORADO AND FEDERAL LAWS AND STATUTES ,25
INCLUDING THE CHILD FIND MANDATE AND RESPONSIBILITIES DESCRIBED26
IN THE "COLORADO EXCEPTIONAL CHILDREN'S EDUCATION ACT", ARTICLE27
SB23-181
-16- 20 OF THIS TITLE 22, THE FEDERAL "INDIVIDUALS WITH DISABILITIES1
E
DUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AND THIS SECTION,2
INCLUDING RESOURCES AND GUIDANCE ON WHEN TO SUSPECT THAT3
STUDENT IS A CHILD WITH A DISABILITY IN NEED, OR IS BELIEVED TO NEED,4
SPECIAL INSTRUCTION OR RELATED SERVICES ;5
(b)  T
HE DEFINITION OF DYSLEXIA AS SET FORTH IN SECTION6
22-20.5-102;7
(c)  P
REDICTED RATES OF OCCURRENCE ;8
(d)  I
NDICATORS BY AGE OR GRADE;9
(e)  B
RAIN RESEARCH;10
(f)  C
O-OCCURRING CONDITIONS;11
(g)  S
OCIAL OR EMOTIONAL IMPACT;12
(h)  E
QUITY;13
(i)  M
ULTILINGUAL LEARNERS;14
(j)  D
YSLEXIA FACTS AND MYTHS;15
(k)  T
HE SCIENCE OF READING OVERVIEW AND EVIDENCE ; AND16
(l)  S
TUDENT ACCOMMODATIONS AND HOW TO UTILIZE THEM TO17
ENSURE STUDENTS ACCESS GRADE LEVEL MATERIAL AND LEARNING .18
(14)  T
HE DEPARTMENT SHALL PROMOTE AN ANNUAL DYSLEXIA19
AWARENESS DAY TO ENCOURAGE DISTRICTS TO EXPAND AWARENESS AND20
DISCUSSION FOR PRESCHOOL THROUGH TWELFTH GRADE , WHICH INCLUDES21
PARENTS AND GUARDIANS , DURING DYSLEXIA AWARENESS MONTH IN22
O
CTOBER OF EACH CALENDAR YEAR .23
(15) (a)  T
HE COMMISSIONER OF EDUCATION AND STATE BOARD24
SHALL APPOINT A LITERACY OMBUDSMAN . THE LITERACY OMBUDSMAN25
AND CORRESPONDING OFFICE IS CREATED SEPARATE FROM THE26
DEPARTMENT. THE OMBUDSMAN WILL REPORT DIRECTLY TO THE27
SB23-181
-17- COMMISSIONER OF EDUCATION AND STATE BOARD AND WILL :1
(I)  B
E RESPONSIBLE FOR ASSESSING THE K-12 LITERACY2
ACHIEVEMENT, "READ ACT" IMPLEMENTATION, READ PLAN AND IEP3
ADEQUACY AND SPECIFICATION , RTI OR MULTI-TIERED SYSTEMS OF4
SUPPORT PROCESSES; ASSESSING THE ADEQUACY OF IDENTIFICATION OF5
STRUGGLING READERS AND CHARACTERISTICS OF DYSLEXIA AND ACCESS6
TO GRADE LEVEL CONTENT WHILE CONTINUING TO RECEIVE7
INTERVENTIONS; AND REPORTING CONCERNS AND RISKS TO THE STATE8
BOARD AND THE COMMISSIONER ; AND9
(II)  B
E INDEPENDENT AND HAVE NO CONFLICTS OF INTEREST OR10
FORMER ALLIANCES WITH LOBBYING GROUPS INCLUDING THE COLORADO11
DEPARTMENT OF EDUCATION , THE COLORADO ASSOCIATION OF SCHOOL12
EXECUTIVES, THE COLORADO ASSOCIATION OF SCHOOL BOARDS , THE13
C
OLORADO EDUCATION ASSOCIATION , THE AMERICAN FEDERATION OF14
TEACHERS, OR A LOCAL EDUCATION PROVIDER.15
(b)  T
HE LITERACY OMBUDSMAN OFFICE MUST CREATE AND16
MAINTAIN A "READ ACT" GRIEVANCE PROCESS FOR PARENTS OR17
GUARDIANS THROUGH THE OMBUDSMAN OFFICE , INCLUDING GRIEVANCES18
RELATED TO LACK OR DELAY OF SCREENING AND LACK OF ADEQUATE19
PROGRESS WITH INTERVENTION .20
(16)  T
HE DEPARTMENT SHALL PROMULGATE RULES TO IMPLEMENT21
THE REQUIREMENTS OF THIS SECTION.22
SECTION 3. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
SB23-181
-18- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2024 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
SB23-181
-19-