Colorado 2023 Regular Session

Colorado Senate Bill SB181 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0800.01 Amber Paoloemilio x5497
8	8	SENATE BILL 23-181
9	9	Senate Committees House Committees
10	10	Education
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING IMPLEMENTING DYSLEXIA SCREENING IN SCHOOLS .101
14	14	Bill Summary
15	15	(Note: This summary applies to this bill as introduced and does
16	16	not reflect any amendments that may be subsequently adopted. If this bill
17	17	passes third reading in the house of introduction, a bill summary that
18	18	applies to the reengrossed version of this bill will be available at
19	19	http://leg.colorado.gov
20	20	.)
21	21	The bill implements recommendations from the dyslexia working
22	22	group. The bill:
23	23	! Directs school districts, boards of cooperative services,
24	24	charter schools, and institute charter schools (local
25	25	education providers) to screen for students at risk of
26	26	foundational literacy skill deficits;
27	27	! Directs local education providers to provide
28	28	evidence-based supplemental instruction and intervention
29	29	SENATE SPONSORSHIP
30	30	Winter F. and Mullica,
31	31	HOUSE SPONSORSHIP
32	32	(None),
33	33	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
34	34	Capital letters or bold & italic numbers indicate new material to be added to existing law.
35	35	Dashes through the words or numbers indicate deletions from existing law. for children at risk of foundational literacy skill deficits;
36	36	! Requires local education providers to provide the public
37	37	and parents information regarding which screening and
38	38	interventions the local education provider uses for
39	39	foundational literacy skill deficits;
40	40	! Requires the department of education to provide
41	41	professional development for local education providers and
42	42	the public in evidence-based best practices, including
43	43	screening, supplemental instruction, and intervention; and
44	44	! Establishes an independent ombudsman office.
45	45	Be it enacted by the General Assembly of the State of Colorado:1
46	46	SECTION 1. Legislative declaration. (1) The general assembly2
47	47	finds and declares that:3
48	48	(a) Reading proficiency is a crucial skill that children must learn4
49	49	in school as it is fundamental to essential life activities. Lack of reading5
50	50	proficiency can restrict a student's access to content in all academic6
51	51	subjects and result in negative consequences such as grade retention; risk7
52	52	of dropping out; limited employment opportunities; limited civic8
53	53	participation such as jury duty; difficulties with basic life tasks, such as9
54	54	accessing medical care and housing; and increased risk of mental health10
55	55	issues. The long-term effects of reading difficulties can be devastating.11
56	56	According to a study, poor readers are 3 times more likely to consider or12
57	57	attempt suicide, and according to another study, approximately 80% of13
58	58	persons who are incarcerated are reported to be functionally illiterate.14
59	59	(b) A Gallup analysis of the United States Department of15
60	60	Education's data on illiteracy found that around 130 million adults in the16
61	61	United States have low literacy skills and that more than half of17
62	62	Americans between the ages of 16 and 74 read below the equivalent of a18
63	63	sixth-grade level. The Colorado Department of Education in the 202019
64	64	Dyslexia Handbook states the prevalence of dyslexia ranges from 5-17%20
65	65	SB23-181-2- of the population. According to the Learning Disability Association of1
66	66	America, the number of people with dyslexia is around 14.5 to 43.52
67	67	million children and adults in the United States. According to a study in3
68	68	the Journal of Pediatrics, the achievement gap between typical and4
69	69	dyslexic readers is evident as early as first grade, and this gap persists into5
70	70	adolescence.6
71	71	(c) These findings provide strong evidence for early identification7
72	72	of and intervention for young children at risk for dyslexia. Implementing8
73	73	effective reading programs as early as kindergarten or even preschool9
74	74	offers the potential to close the achievement gap.10
75	75	(d) Rather than assessing students overall, students should be11
76	76	assessed in the areas holding a risk of future reading difficulties,12
77	77	including dyslexia. According to the International Dyslexia Association,13
78	78	research indicates that brain plasticity decreases during childhood. It takes14
79	79	4 times as long to intervene in the fourth grade compared to late15
80	80	kindergarten, if the first signs of risk are identified and appropriate16
81	81	instruction occurs.17
82	82	(e) Research indicates the importance of using evidence-based18
83	83	practices and reliable screening tools to identify students at risk of19
84	84	reading difficulties as early as possible. This ensures that students receive20
85	85	the appropriate support and intervention early to succeed in their reading21
86	86	development.22
87	87	(f) Federal laws and regulations, such as the "Individuals with23
88	88	Disabilities Education Act", and specifically the "Child Find" provision,24
89	89	20 U.S.C. sec. 1400 (d), require the states to have policies and procedures25
90	90	in place ensuring that every student in need of special education and26
91	91	related services is identified and evaluated. Because a student with27
92	92	SB23-181
93	93	-3- dyslexia may be a student with a disability under the "Individuals with1
94	94	Disabilities Education Act", the "Child Find" provision includes these2
95	95	students. Pursuant to section 504 of the federal "Rehabilitation Act of3
96	96	1973", public schools must annually attempt to identify and locate every4
97	97	qualified student with a disability residing in its jurisdiction and notify the5
98	98	student and the parents of the rights afforded to them pursuant to section6
99	99	504.7
100	100	(g) As of the beginning of 2023, as many as 40 states have8
101	101	mandated screening specifically for dyslexia, and Colorado is not one of9
102	102	them; and10
103	103	(h) In 2008, House Bill 08-1223 encouraged the Department of11
104	104	Education and Colorado school districts to increase overall awareness of12
105	105	literacy challenges, including dyslexia, and encouraged the use of13
106	106	appropriate interventions for students. In 2019, House Bill 19-113414
107	107	established the dyslexia working group, comprised of various15
108	108	stakeholders, including representation from rural schools. In that same16
109	109	year, 30 other states passed mandated screening legislation. The dyslexia17
110	110	working group recommended establishing and mandating screening for18
111	111	students at risk of dyslexia and reading challenges in their annual reports19
112	112	to the general assembly in 2020, 2021, and 2022.20
113	113	(2) Therefore, the general assembly finds and recognizes that21
114	114	universal screening for early risk of dyslexia and other reading challenges22
115	115	is critical to the health and well-being of Colorado's students.23
116	116	SECTION 2. In Colorado Revised Statutes, add 22-7-1215 as24
117	117	follows:25
118	118	22-7-1215. Reading difficulty early screening - reporting -26
119	119	resources - training - ombudsmen - grievance process - rules -27
120	120	SB23-181
121	121	-4- definitions. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT1
122	122	OTHERWISE REQUIRES:2
123	123	(a) "A
124	124	T-RISK STUDENT" MEANS A STUDENT WHO HAS3
125	125	DEMONSTRATED WEAKNESSES IN EMERGENT PRINT SKILLS , EMERGENT4
126	126	READING COMPREHENSION SKILLS , PRINT SKILLS, AND READING5
127	127	COMPREHENSION SKILLS THAT INDICATE A PROBABILITY THAT THE6
128	128	STUDENT DOES OR WILL STRUGGLE WITH LEARNING TO READ , WRITE, OR7
129	129	SPELL WITH ACCURACY AND FLUENCY .8
130	130	(b) "D
131	131	ECODING" MEANS THE KNOWLEDGE OF SOUND -SYMBOL9
132	132	CORRESPONDENCE TO READ WORDS .10
133	133	(c) "E
134	134	MERGENT COMPREHENSION SKILLS " MEANS PRE-READING11
135	135	SKILLS THAT SUPPORT READING COMPREHENSION , INCLUDING12
136	136	VOCABULARY KNOWLEDGE , BOTH RECEPTIVE AND EXPRESSIVE , AND13
137	137	LISTENING COMPREHENSION.14
138	138	(d) "E
139	139	MERGENT PRINT SKILLS" MEANS PRE-READING SKILLS THAT15
140	140	SUPPORT DECODING, WORD READING, SPELLING, AND ACCURATE TEXT16
141	141	READING, INCLUDING PHONOLOGICAL AWARENESS , PHONEMIC17
142	142	AWARENESS, ALPHABET KNOWLEDGE, AND SOUND-SYMBOL RECOGNITION.18
143	143	(e) "E
144	144	NCODING" MEANS A STUDENT'S SPELLING ABILITY THAT19
145	145	REFLECTS AN UNDERSTANDING OF SOUND -SYMBOL RELATIONSHIPS AND20
146	146	CONVENTIONAL SPELLING PATTERNS .21
147	147	(f) "F
148	148	AMILY AND TEACHER OBSERVATIONS " MEANS ADDITIONAL22
149	149	INFORMATION PROVIDED BY A STUDENT 'S FAMILY AND TEACHERS ABOUT23
150	150	A STUDENT'S BACKGROUND, INCLUDING FAMILY HISTORY OF READING24
151	151	DIFFICULTIES OR CHALLENGES , CLASSROOM PERFORMANCE , RATING25
152	152	SCALES OR INFORMAL DESCRIPTIONS OF THE STUDENT 'S LANGUAGE26
153	153	ABILITIES, AND BEHAVIOR AND ACADEMIC STANDINGS .27
154	154	SB23-181
155	155	-5- (g) "FLUENCY" MEANS ORAL READING ACCURACY AND ORAL1
156	156	READING RATE.2
157	157	(h) "G
158	158	RAPHEMES" MEANS THE LETTERS AND SPELLINGS THAT3
159	159	REPRESENT THE SOUNDS IN WRITTEN LANGUAGE .4
160	160	(i) "I
161	161	NDIVIDUAL EDUCATION PROGRAM " OR "IEP" HAS THE SAME5
162	162	MEANING AS SET FORTH IN SECTION 22-20-103.6
163	163	(j) "I
164	164	NFORMAL DIAGNOSTIC ASSESSMENT " MEANS A VALID AND7
165	165	RELIABLE PROCEDURE USED TO IDENTIFY A STUDENT 'S SPECIFIC AREAS OF8
166	166	LITERACY STRENGTHS AND WEAKNESSES ; DETERMINE DIFFICULTIES A9
167	167	STUDENT MAY HAVE LEARNING TO READ , WRITE, AND SPELL; AND10
168	168	DETERMINE LITERACY INTERVENTIONS FOR A STUDENT .11
169	169	(k) "L
170	170	ITERACY" MEANS THE ABILITY TO USE LANGUAGE TO READ ,12
171	171	WRITE, LISTEN, AND SPEAK.13
172	172	(l) "M
173	173	ORPHOLOGICAL AWARENESS " MEANS AN UNDERSTANDING14
174	174	OF HOW WORDS CAN BE BROKEN DOWN INTO SMALLER UNITS CALLED15
175	175	MORPHEMES AND INCLUDE ROOTS , BASES, PREFIXES, AND SUFFIXES.16
176	176	(m) "M
177	177	ULTILINGUAL LEARNER" MEANS A STUDENT WHO IS17
178	178	LINGUISTICALLY DIVERSE AND IS IDENTIFIED USING THE STATE-APPROVED18
179	179	E
180	180	NGLISH LANGUAGE PROFICIENCY ASSESSMENT AS HAVING A LEVEL OF19
181	181	E
182	182	NGLISH LANGUAGE PROFICIENCY THAT REQUIRES LANGUAGE SUPPORT TO20
183	183	ACHIEVE GRADE-LEVEL STANDARDS IN ENGLISH.21
184	184	(n) "O
185	185	RAL READING FLUENCY" MEANS READING ALOUD AT AN22
186	186	APPROPRIATE RATE WITH WORD LEVEL ACCURACY AND EXPRESSION .23
187	187	(o) "O
188	188	RAL READING FLUENCY SCREENING" MEANS AN ASSESSMENT24
189	189	THAT REFLECTS DATA ON BOTH RATE , WORDS CORRECT PER MINUTE, AND25
190	190	ACCURACY, TOTAL WORDS READ CORRECTLY .26
191	191	(p) "P
192	192	HONEMIC AWARENESS" MEANS THE ABILITY TO DISTINGUISH,27
193	193	SB23-181
194	194	-6- SEGMENT, BLEND, AND MANIPULATE PHONEMES IN WORDS .1
195	195	(q) "P
196	196	HONICS" MEANS THE PREDICTABLE RELATIONSHIP BETWEEN2
197	197	PHONEMES AND GRAPHEMES .3
198	198	(r) "P
199	199	HONOLOGICAL AWARENESS " MEANS THE ABILITY TO4
200	200	RECOGNIZE AND MANIPULATE RHYMES , WORDS, SYLLABLES, ONSETS AND5
201	201	RIMES, AND PHONEMES.6
202	202	(s) "P
203	203	RINT SKILLS" MEANS THE ABILITY TO DECODE THE WRITTEN7
204	204	WORD, CONNECT PRINTED WORD TO ITS SOUND AND MEANING WITH8
205	205	ACCURACY AND AUTOMATICITY , AND ENCODE ACCURATELY .9
206	206	(t) "P
207	207	ROGRESS MONITORING" MEANS A MEASUREMENT PROCEDURE10
208	208	USED AT SPECIFIED TIME INTERVALS TO MEASURE A STUDENT 'S RESPONSE11
209	209	TO INSTRUCTION AND INTERVENTION .12
210	210	(u) "R
211	211	APID AUTOMATIC NAMING " MEANS THE ABILITY TO13
212	212	ACCURATELY AND AUTOMATICALLY NAME A REPEATED SEQUENCE OF14
213	213	KNOWN OBJECTS, COLORS, NUMBERS, OR LETTERS.15
214	214	(v) "R
215	215	EADING COMPREHENSION " MEANS THE ABILITY TO16
216	216	UNDERSTAND AND INTERPRET WHAT IS READ .17
217	217	(w) "R
218	218	EADING COMPREHENSION SKILLS" MEANS ABILITIES NEEDED18
219	219	TO UNDERSTAND A TEXT FULLY , INCLUDING DECODING THE ALPHABET AND19
220	220	WORDS, LANGUAGE FLUENCY, STRONG VOCABULARY , UNDERSTANDING20
221	221	SENTENCE STRUCTURE, BACKGROUND KNOWLEDGE OF THE TOPIC , AND21
222	222	WORKING MEMORY .22
223	223	(x) "R
224	224	EADING VOCABULARY " MEANS THE WORDS NEEDED TO23
225	225	KNOW AND UNDERSTAND WHAT IS READ .24
226	226	(y) "R
227	227	ESPONSE TO INTERVENTION" OR "RTI" MEANS A PREVENTIVE25
228	228	APPROACH TO IMPROVING INDIVIDUAL OUTCOMES THROUGH26
229	229	HIGH-QUALITY UNIVERSAL INSTRUCTION WITHIN A MULTI -TIERED SYSTEM27
230	230	SB23-181
231	231	-7- OF SUPPORT THAT CONNECT SUPPORTS MATCHED TO STUDENTS ' ACADEMIC,1
232	232	SOCIAL-EMOTIONAL, AND BEHAVIORAL NEEDS.2
233	233	(z) "S
234	234	CREENING" OR "SCREENING INSTRUMENT" MEANS A BRIEF,3
235	235	VALID, AND RELIABLE MEASUREMENT PROCEDURE USED TO IDENTIFY OR4
236	236	PREDICT WHETHER A STUDENT MAY BE AT RISK FOR INADE QUATE5
237	237	LEARNING OUTCOMES.6
238	238	(aa) "S
239	239	KILLS" MEANS THE ACQUISITION OF THE FOUNDATIONAL7
240	240	INFORMATION AND TOOLS REQUIRED TO RAPIDLY RECOGNIZE AND DECODE8
241	241	PRINTED WORDS IN A MEANINGFUL CONNECTED TEXT , AND NEARLY9
242	242	EFFORTLESSLY RECORD IDEAS IN PRINT.10
243	243	(bb) "S
244	244	TANDARDS" MEANS CLEAR, MEASURABLE LEARNING11
245	245	TARGETS THAT EXPLAIN THE INFORMATION A STUDENT SHOULD KNOW OR12
246	246	SKILLS A STUDENT SHOULD BE ABLE TO PERFORM IN A PARTICULAR13
247	247	INSTRUCTIONAL AREA.14
248	248	(cc) "S
249	249	TUDENT" MEANS A YOUTH WHO:15
250	250	(I) I
251	251	S ENROLLED IN PRESCHOOL WITH A LOCAL EDUCATION16
252	252	PROVIDER; OR17
253	253	(II) I
254	254	S AT LEAST FIVE YEARS OF AGE ON OR BEFORE OCTOBER 1 OF18
255	255	THE SCHOOL YEAR THE STUDE NT WILL ATTEND KINDERGARTEN ; OR19
256	256	(III) E
257	257	NTERS OR TRANSFERS TO A PUBLIC SCHOOL IN PRESCHOOL ,20
258	258	KINDERGARTEN, FIRST GRADE, SECOND GRADE, OR THIRD GRADE; OR21
259	259	(IV) E
260	260	NTERS OR TRANSFERS TO A PUBLIC SCHOOL IN GRADE FOUR22
261	261	OR HIGHER WHO:23
262	262	(A) H
263	263	AS NOT BEEN PREVIOUSLY SCREENED IN THIS STATE FOR24
264	264	READING DIFFICULTIES AS DEFINED IN THIS SECTION;25
265	265	(B) D
266	266	EMONSTRATES DIFFICULTY MASTERING GRADE -LEVEL26
267	267	READING; OR27
268	268	SB23-181
269	269	-8- (C) WHOSE PARENTS OR TEACHER REQUEST AN ASSESSMENT .1
270	270	(dd) "S
271	271	UPPLEMENTAL READING INSTRUCTION " MEANS AN2
272	272	EVIDENCE-BASED, SEQUENTIAL, SYSTEMATIC, EXPLICIT, AND CUMULATIVE3
273	273	INSTRUCTION OR INTERVENTION OF FOUNDATIONAL READING SKILLS ,4
274	274	INCLUDING PHONOLOGICAL OR PHONEMIC AWARENESS AND PROCESSING ,5
275	275	PHONICS, MORPHOLOGICAL AWARENESS , AND VOCABULARY TO SUPPORT6
276	276	THE DEVELOPMENT OF DECODING , ENCODING, FLUENCY, AND READING7
277	277	COMPREHENSION SKILLS TO MEET GRADE LEVEL CURRICULUM AND8
278	278	GRADE-LEVEL STANDARDS.9
279	279	(ee) "W
280	280	ORD READING" MEANS CONNECTING A PRINTED WORD TO10
281	281	ITS SOUND AND MEANING WITH ACCURACY AND AUTOMATICITY .11
282	282	(2) (a) B
283	283	EGINNING IN THE 2024-25 SCHOOL YEAR, EACH LOCAL12
284	284	EDUCATION PROVIDER SHALL ENSURE THAT STUDENTS ARE SCREENED TO13
285	285	IDENTIFY IF A STUDENT IS AN AT-RISK STUDENT. A SCREENING MAY BE14
286	286	CONDUCTED BY:15
287	287	(I) A
288	288	CLASSROOM TEACHER;16
289	289	(II) A
290	290	SCHOOL PSYCHOLOGIST;17
291	291	(III) A
292	292	SPECIAL EDUCATION TEACHER;18
293	293	(IV) A
294	294	SPEECH-LANGUAGE PATHOLOGIST ;19
295	295	(V) A
296	296	READING INTERVENTIONIST;20
297	297	(VI) A
298	298	DESIGNATED READING SPECIALIST; OR21
299	299	(VII) A
300	300	NY OTHER INDIVIDUAL TRAINED IN SCREENING22
301	301	INSTRUMENTS AND PROTOCOLS AND AUTHORIZED BY THE LOCAL23
302	302	EDUCATION PROVIDER TO ADMINISTER THE SCREENING INSTRUMENTS .24
303	303	(b) U
304	304	PON REGISTRATION OF A STUDENT AT A PUBLIC SCHOOL , THE25
305	305	LOCAL EDUCATION PROVIDER SHALL PROVIDE THE PARENT OR GUARDIAN26
306	306	OF THE STUDENT:27
307	307	SB23-181
308	308	-9- (I) A DESCRIPTION OF THE SCREENING AND SUPPLEMENTAL1
309	309	INSTRUCTION PROCESS FOR THE LOCAL EDUCATION PROVIDER ; AND2
310	310	(II) A
311	311	NY CHECKLISTS OR FORMS NEEDED TO SUPPORT THE3
312	312	SCREENING PROTOCOL.4
313	313	(c) A
314	314	LOCAL EDUCATION PROVIDER SHALL SELECT ONE OR MORE5
315	315	APPROPRIATE SCREENING INSTRUMENTS FROM THE APPROVED LIST THAT :6
316	316	(I) A
317	317	CCURATELY AND RELIABLY IDENTIFY STUDENTS AT RISK ;7
318	318	(II) A
319	319	RE DEVELOPMENTALLY APPROPRIATE ;8
320	320	(III) A
321	321	RE ECONOMICAL TO ADMINISTER IN TIME AND COST ;9
322	322	(IV) A
323	323	RE NOT REDUNDANT;10
324	324	(V) U
325	325	SE NORM-REFERENCED OR CRITERION-BASED SCORES; AND11
326	326	(VI) I
327	327	NCLUDE EMERGENT PRINT SKILLS , EMERGENT12
328	328	COMPREHENSION SKILLS, PRINT SKILLS, READING COMPREHENSION SKILLS,13
329	329	RAPID AUTOMATIC NAMING , ORAL READING FLUENCY, AND FAMILY AND14
330	330	TEACHER HISTORY AND OBSERVATIONS .15
331	331	(d) I
332	332	F A LOCAL EDUCATION PROVIDER HAS SELECTED AN16
333	333	ASSESSMENT PURSUANT TO SECTION 22-7-1205 THAT DOES NOT ASSESS17
334	334	THE SKILLS DESCRIBED IN SUBSECTIONS (2)(e) TO (2)(h) OF THIS SECTION18
335	335	IN A SUFFICIENTLY VALID, RELIABLE, AND SENSITIVE MANNER USING19
336	336	NORM-REFERENCED AND CRITERION -BASED SCORES, THE LOCAL20
337	337	EDUCATION PROVIDER MAY CHOOSE AN ADDITIONAL SCREENING21
338	338	INSTRUMENT WHICH MEETS THE REQUIREMENTS OF SUBSECTION (2)(c) OF22
339	339	THIS SECTION NO LATER THAN AUGUST 1, 2025.23
340	340	(e) F
341	341	OR A STUDENT IN PRESCHOOL, A LOCAL EDUCATION PROVIDER24
342	342	SHALL USE ONE OR MORE SCREENING INSTRUMENTS THAT ASSESS25
343	343	PHONOLOGICAL AWARENESS AND PHONEMIC AWARENESS .26
344	344	(f) F
345	345	OR A STUDENT IN KINDERGARTEN , A LOCAL EDUCATION27
346	346	SB23-181
347	347	-10- PROVIDER SHALL USE ONE OR MORE SCREENING INSTRUMENTS THAT1
348	348	ASSESS:2
349	349	(I) E
350	350	MERGENT PRINT SKILLS , INCLUDING PHONOLOGICAL3
351	351	AWARENESS, PHONEMIC AWARENESS , ALPHABET KNOWLEDGE , AND4
352	352	SOUND-SYMBOL RECOGNITION;5
353	353	(II) E
354	354	MERGENT COMPREHENSION SKILLS , INCLUDING ORAL6
355	355	VOCABULARY AND LISTENING COMPREHENSION ;7
356	356	(III) R
357	357	APID AUTOMATIZED NAMING ; AND8
358	358	(IV) F
359	359	AMILY AND TEACHER OBSERVATION , INCLUDING FAMILY9
360	360	HISTORY OF READING CHALLENGES .10
361	361	(g) F
362	362	OR A STUDENT IN FIRST GRADE , A LOCAL EDUCATION11
363	363	PROVIDER SHALL USE ONE OR MORE SCREENING INSTRUMENTS THAT12
364	364	ASSESS:13
365	365	(I) E
366	366	MERGENT PRINT SKILLS , INCLUDING PHONOLOGICAL14
367	367	AWARENESS AND PHONEMIC AWARENESS , ALPHABET KNOWLEDGE , AND15
368	368	SOUND-SYMBOL RECOGNITION;16
369	369	(II) E
370	370	MERGENT COMPREHENSION SKILLS , INCLUDING ORAL17
371	371	VOCABULARY AND LISTENING COMPREHENSION ;18
372	372	(III) P
373	373	RINT SKILLS, INCLUDING DECODING, AUTOMATIC AND19
374	374	FLUENT SINGLE-WORD READING OF NONSENSE AND REAL WORDS ,20
375	375	ENCODING, AND STARTING IN THE MIDDLE OF FIRST GRADE, ORAL READING21
376	376	FLUENCY;22
377	377	(IV) R
378	378	EADING COMPREHENSION SKILLS , INCLUDING READING23
379	379	VOCABULARY AND READING COMPREHENSION ;24
380	380	(V) R
381	381	APID AUTOMATIZED NAMING ; AND25
382	382	(VI) F
383	383	AMILY AND TEACHER OBSERVATION , INCLUDING FAMILY26
384	384	HISTORY OF READING CHALLENGES .27
385	385	SB23-181
386	386	-11- (h) FOR A STUDENT IN SECOND GRADE OR ABOVE , A LOCAL1
387	387	EDUCATION PROVIDER SHALL USE ONE OR MORE SCREENING INSTRUMENTS2
388	388	THAT ASSESS:3
389	389	(I) P
390	390	RINT SKILLS, INCLUDING ORAL READING FLUENCY AND4
391	391	AUTOMATIC AND FLUENT SINGLE-WORD READING OF NONSENSE AND REAL5
392	392	WORDS;6
393	393	(II) E
394	394	NCODING;7
395	395	(III) R
396	396	EADING COMPREHENSION SKILLS , INCLUDING READING8
397	397	VOCABULARY AND READING COMPREHENSION ;9
398	398	(IV) F
399	399	AMILY AND TEACHER OBSERVATION , INCLUDING FAMILY10
400	400	HISTORY OF READING CHALLENGES ; AND11
401	401	(V) R
402	402	APID AUTOMATIZED NAMING , IF THE STUDENT HAS NOT BEEN12
403	403	PREVIOUSLY ASSESSED WITH A RAPID AUTOMATIZED NAMING ASSESSMENT13
404	404	IN KINDERGARTEN OR FIRST GRADE.14
405	405	(3) S
406	406	TUDENTS MUST BE SCREENED ACCORDING TO THE SCHEDULE15
407	407	OF THE SCREENING INSTRUMENT SELECTED BY THE LOCAL EDUCATION16
408	408	PROVIDER AND PURSUANT TO THIS PART 12.17
409	409	(4) I
410	410	F THE SCREENING RESULTS INDICATE THAT A STUDENT IS AT18
411	411	RISK OF READING DIFFICULTIES IN ANY SKILL AREA MENTIONED IN THIS19
412	412	SECTION, THE LOCAL EDUCATION PROVIDER SHALL :20
413	413	(a) C
414	414	ONDUCT AN INFORMAL DIAGNOSTIC ASSESSMENT OF THE21
415	415	STUDENT TO DETERMINE THE SPECIFIC AREAS OF INSTRUCTIONAL NEED FOR22
416	416	SUPPLEMENTAL READING INSTRUCTION ;23
417	417	(b) P
418	418	ROVIDE SUPPLEMENTAL READING INSTRUCTION TO ADDRESS24
419	419	THE STUDENT'S IDENTIFIED AREAS OF NEED, INCLUDING FOUNDATIONAL25
420	420	SKILL AREAS; AND26
421	421	(c) S
422	422	END A NOTIFICATION LETTER WITHIN FIFTEEN SCHOOL DAYS27
423	423	SB23-181
424	424	-12- AFTER THE SCREENING RESULTS TO THE PARENT OR GUARDIAN OF THE1
425	425	STUDENT THAT INCLUDES:2
426	426	(I) T
427	427	HE SCREENING RESULTS;3
428	428	(II) T
429	429	HE INFORMAL DIAGNOSTIC ASSESSMENT RESULTS ; AND4
430	430	(III) A
431	431	DESCRIPTION OF THE SUPPLEMENTAL READING INSTRUCTION5
432	432	THAT WILL BE PROVIDED TO THE STUDENT .6
433	433	(5) A
434	434	LOCAL EDUCATION PROVIDER SHALL SET A SCHEDULE , WITH7
435	435	INTERVALS OF NOT MORE THAN TEN WEEKS , FOR PROGRESS MONITORING8
436	436	OF A STUDENT WHO RECEIVES SUPPLEMENTAL READING INSTRUCTION .9
437	437	(6) I
438	438	F PROGRESS MONITORING DATA REFLECTS INSUFFICIENT10
439	439	PROGRESS, A LOCAL EDUCATION PROVIDER SHALL ADJUST THE11
440	440	SUPPLEMENTAL READING INSTRUCTION TO ENSURE THE STUDENT IS12
441	441	MAKING CONSISTENT AND ADEQUATE PROGRESS TOWARD GRADE -LEVEL13
442	442	STANDARDS.14
443	443	(7) T
444	444	HE LOCAL EDUCATION PROVIDER SHALL PROVIDE THE PARENT15
445	445	OR GUARDIAN OF THE STUDENT WITH PROGRESS MONITORING16
446	446	INFORMATION AS OUTLINED IN SUBSECTION (5) OF THIS SECTION.17
447	447	(8) A
448	448	REFERRAL FOR SPECIAL EDUCATION EVALUATION MAY BE18
449	449	MADE AT ANY TIME PURSUANT TO THE "COLORADO EXCEPTIONAL19
450	450	C
451	451	HILDREN'S EDUCATION ACT", ARTICLE 20 OF THIS TITLE 22, AND THE20
452	452	FEDERAL "INDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C.21
453	453	SEC. 1400 ET SEQ.22
454	454	(9) E
455	455	ACH LOCAL EDUCATION PROVIDER SHALL PROVIDE ON THE23
456	456	LOCAL EDUCATION PROVIDER 'S WEBSITE THE FOLLOWING:24
457	457	(a) L
458	458	ITERACY SCREENING INSTRUMENTS USED BY THE LOCAL25
459	459	EDUCATION PROVIDER;26
460	460	(b) I
461	461	NFORMAL DIAGNOSTIC ASSESSMENTS USED BY THE LOCAL27
462	462	SB23-181
463	463	-13- EDUCATION PROVIDER;1
464	464	(c) A
465	465	N INVENTORY OF THE LOCAL EDUCATION PROVIDER 'S2
466	466	LITERACY SCREENING ASSESSMENTS , QUESTIONNAIRES, OR CHECKLISTS BY3
467	467	GRADE LEVEL AND SCREENING AREA , INCLUDING:4
468	468	(I) E
469	469	MERGENT PRINT SKILLS;5
470	470	(II) E
471	471	MERGENT COMPREHENSION SKILLS ;6
472	472	(III) P
473	473	RINT SKILLS;7
474	474	(IV) R
475	475	EADING COMPREHENSION SKILLS ;8
476	476	(V) R
477	477	APID AUTOMATIZED NAMING ;9
478	478	(VI) O
479	479	RAL READING FLUENCY; AND10
480	480	(VII) F
481	481	AMILY AND TEACHER OBSERVATIONS , INCLUDING FAMILY11
482	482	HISTORY OF READING CHALLENGES .12
483	483	(10) O
484	484	N OR BEFORE SEPTEMBER 1 OF EACH YEAR, BEGINNING WITH13
485	485	THE 2025-26 SCHOOL YEAR, EACH LOCAL EDUCATION PROVIDER SHALL14
486	486	REPORT TO THE DEPARTMENT THE FOLLOWING DATA , SEPARATED AND15
487	487	SEARCHABLE BY LOCAL EDUCATION PROVIDER AND SCHOOL LEVEL ,16
488	488	UPDATED ANNUALLY AND AVAILABLE ON THE LOCAL EDUCATION17
489	489	PROVIDER'S WEBSITE:18
490	490	(a) T
491	491	HE NUMBER OF STUDENTS SCREENED BY THE LOCAL19
492	492	EDUCATION PROVIDER IN EACH GRADE LEVEL , DISAGGREGATED BY EACH20
493	493	INDIVIDUAL SCHOOL, RACE AND ETHNICITY, SEX, ENGLISH PROFICIENCY,21
494	494	AND DISABILITY, IN ADDITION TO THE TOTAL NUMBER OF STUDENTS IN22
495	495	EACH GRADE LEVEL;23
496	496	(b) T
497	497	HE NUMBER OF STUDENTS IDENTIFIED THROUGH THE24
498	498	SCREENING PROCESS AS AT RISK FOR READING DIFFICULTIES IN EACH25
499	499	GRADE LEVEL, DISAGGREGATED BY EACH INDIVIDUAL SCHOOL , RACE AND26
500	500	ETHNICITY, SEX, ENGLISH PROFICIENCY, AND DISABILITY; AND27
501	501	SB23-181
502	502	-14- (c) THE NUMBER OF STUDENTS IDENTIFIED THROUGH THE1
503	503	SCREENING PROCESS AS AT RISK FOR READING DIFFICULTIES IN EACH2
504	504	GRADE LEVEL WHO RECEIVED SUPPLEMENTAL READING INSTRUCTION ,3
505	505	DISAGGREGATED BY EACH INDIVIDUAL SCHOOL , RACE AND ETHNICITY,4
506	506	SEX, ENGLISH PROFICIENCY, AND DISABILITY.5
507	507	(11) O
508	508	N OR BEFORE JUNE 1, 2025, AND AT LEAST ONCE EVERY FIVE6
509	509	YEARS THEREAFTER, THE DEPARTMENT, IN CONSULTATION WITH PARENTS,7
510	510	TEACHERS, AND OTHER INTERESTED STAKEHOLDERS , SHALL DEVELOP AND8
511	511	UPDATE RESOURCES, WHICH THE DEPARTMENT SHALL MAKE AVAILABLE9
512	512	ON THE DEPARTMENT'S WEBSITE. THE RESOURCES MUST INCLUDE :10
513	513	(a) A
514	514	LIST OF RECOMMENDED SCREENING AND INFORMAL11
515	515	DIAGNOSTIC ASSESSMENTS THAT MEET THE REQUIREMENTS OF THIS12
516	516	SECTION;13
517	517	(b) A
518	518	LIST OF RECOMMENDED SUPPLEMENTAL READING14
519	519	INSTRUCTION PROGRAMS AND PROGRESS MONITORING INSTRUMENTS THAT15
520	520	MEET THE REQUIREMENTS OF THIS SECTION ;16
521	521	(c) B
522	522	EST PRACTICES FOR CHOOSING SCREENING ASSESSMENTS ,17
523	523	CHOOSING AND UTILIZING PROGRESS MONITORING ASSESSMENTS , AND18
524	524	DATA COLLECTION PROCESSES ;19
525	525	(d) B
526	526	EST PRACTICES FOR SUPPLEMENTAL READING INSTRUCTION20
527	527	BASED ON INFORMAL DIAGNOSTIC AND PROGRESS MONITORING DATA ;21
528	528	(e) P
529	529	ROCEDURES AND CRITERIA FOR APPROPRIATE SCREENING OF22
530	530	STUDENTS WHO ARE MULTILINGUAL LEARNERS ;23
531	531	(f) S
532	532	AMPLE PARENT AND GUARDIAN NOTIFICATION LETTERS FOR24
533	533	READING DIFFICULTIES, INCLUDING DYSLEXIA; AND25
534	534	(g) A
535	535	CHECKLIST OF EARLY WARNING SIGNS OF READING26
536	536	DIFFICULTIES, INCLUDING DYSLEXIA, BY GRADE LEVEL.27
537	537	SB23-181
538	538	-15- (12) (a) THE DEPARTMENT SHALL PROVIDE TRAINING1
539	539	OPPORTUNITIES ANNUALLY FOR INDIVIDUALS WHO CONDUCT SCREENINGS2
540	540	PURSUANT TO THIS SECTION AND FOR SCHOOL ADMINISTRATORS ON :3
541	541	(I) B
542	542	EST PRACTICES FOR DESIGNING AND IMPLEMENTING A4
543	543	MULTI-TIERED SYSTEM OF SUPPORT;5
544	544	(II) T
545	545	HE ADMINISTRATION AND INTERPRETATION OF SCREENINGS ,6
546	546	INFORMAL DIAGNOSTIC INSTRUMENTS , PROGRESS MONITORING7
547	547	INSTRUMENTS, AND STUDENT DATA;8
548	548	(III) P
549	549	ROVIDING AND INTERPRETING SCREENINGS , ASSESSMENTS,9
550	550	AND PROGRESS MONITORING RESULTS FOR PARENTS ;10
551	551	(IV) T
552	552	HE ELEMENTS, PRINCIPLES, AND BEST PRACTICES OF11
553	553	SUPPLEMENTAL READING INSTRUCTION ; AND12
554	554	(V) B
555	555	EST PRACTICES FOR DESIGNING AND IMPLEMENTING13
556	556	SUPPLEMENTAL READING INSTRUCTION BASED ON :14
557	557	(A) I
558	558	NFORMAL DIAGNOSTIC ASSESSMENT DATA ; AND15
559	559	(B) P
560	560	ROGRESS MONITORING DATA .16
561	561	(b) T
562	562	HE DEPARTMENT SHALL MAKE AVAILABLE ON THE17
563	563	DEPARTMENT'S WEBSITE THE NUMBER OF PARTICIPANTS FROM EACH LOCAL18
564	564	EDUCATION PROVIDER THAT PARTICIPATE IN EACH TRAINING SESSION .19
565	565	(13) T
566	566	HE DEPARTMENT SHALL MAKE AVAILABLE BEFORE THE20
567	567	START OF THE 2024-25 SCHOOL YEAR, AND BEFORE EACH SCHOOL YEAR21
568	568	THEREAFTER, AN ONLINE DYSLEXIA AWARENESS COURSE , UPDATED AS22
569	569	NEEDED, FOR PRESCHOOL TO TWELFTH GRADE FOR EDUCATORS , TUTORS,23
570	570	PARENTS AND GUARDIANS, AND THE COMMUNITY, THAT INCLUDES:24
571	571	(a) R
572	572	ELEVANT COLORADO AND FEDERAL LAWS AND STATUTES ,25
573	573	INCLUDING THE CHILD FIND MANDATE AND RESPONSIBILITIES DESCRIBED26
574	574	IN THE "COLORADO EXCEPTIONAL CHILDREN'S EDUCATION ACT", ARTICLE27
575	575	SB23-181
576	576	-16- 20 OF THIS TITLE 22, THE FEDERAL "INDIVIDUALS WITH DISABILITIES1
577	577	E
578	578	DUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AND THIS SECTION,2
579	579	INCLUDING RESOURCES AND GUIDANCE ON WHEN TO SUSPECT THAT3
580	580	STUDENT IS A CHILD WITH A DISABILITY IN NEED, OR IS BELIEVED TO NEED,4
581	581	SPECIAL INSTRUCTION OR RELATED SERVICES ;5
582	582	(b) T
583	583	HE DEFINITION OF DYSLEXIA AS SET FORTH IN SECTION6
584	584	22-20.5-102;7
585	585	(c) P
586	586	REDICTED RATES OF OCCURRENCE ;8
587	587	(d) I
588	588	NDICATORS BY AGE OR GRADE;9
589	589	(e) B
590	590	RAIN RESEARCH;10
591	591	(f) C
592	592	O-OCCURRING CONDITIONS;11
593	593	(g) S
594	594	OCIAL OR EMOTIONAL IMPACT;12
595	595	(h) E
596	596	QUITY;13
597	597	(i) M
598	598	ULTILINGUAL LEARNERS;14
599	599	(j) D
600	600	YSLEXIA FACTS AND MYTHS;15
601	601	(k) T
602	602	HE SCIENCE OF READING OVERVIEW AND EVIDENCE ; AND16
603	603	(l) S
604	604	TUDENT ACCOMMODATIONS AND HOW TO UTILIZE THEM TO17
605	605	ENSURE STUDENTS ACCESS GRADE LEVEL MATERIAL AND LEARNING .18
606	606	(14) T
607	607	HE DEPARTMENT SHALL PROMOTE AN ANNUAL DYSLEXIA19
608	608	AWARENESS DAY TO ENCOURAGE DISTRICTS TO EXPAND AWARENESS AND20
609	609	DISCUSSION FOR PRESCHOOL THROUGH TWELFTH GRADE , WHICH INCLUDES21
610	610	PARENTS AND GUARDIANS , DURING DYSLEXIA AWARENESS MONTH IN22
611	611	O
612	612	CTOBER OF EACH CALENDAR YEAR .23
613	613	(15) (a) T
614	614	HE COMMISSIONER OF EDUCATION AND STATE BOARD24
615	615	SHALL APPOINT A LITERACY OMBUDSMAN . THE LITERACY OMBUDSMAN25
616	616	AND CORRESPONDING OFFICE IS CREATED SEPARATE FROM THE26
617	617	DEPARTMENT. THE OMBUDSMAN WILL REPORT DIRECTLY TO THE27
618	618	SB23-181
619	619	-17- COMMISSIONER OF EDUCATION AND STATE BOARD AND WILL :1
620	620	(I) B
621	621	E RESPONSIBLE FOR ASSESSING THE K-12 LITERACY2
622	622	ACHIEVEMENT, "READ ACT" IMPLEMENTATION, READ PLAN AND IEP3
623	623	ADEQUACY AND SPECIFICATION , RTI OR MULTI-TIERED SYSTEMS OF4
624	624	SUPPORT PROCESSES; ASSESSING THE ADEQUACY OF IDENTIFICATION OF5
625	625	STRUGGLING READERS AND CHARACTERISTICS OF DYSLEXIA AND ACCESS6
626	626	TO GRADE LEVEL CONTENT WHILE CONTINUING TO RECEIVE7
627	627	INTERVENTIONS; AND REPORTING CONCERNS AND RISKS TO THE STATE8
628	628	BOARD AND THE COMMISSIONER ; AND9
629	629	(II) B
630	630	E INDEPENDENT AND HAVE NO CONFLICTS OF INTEREST OR10
631	631	FORMER ALLIANCES WITH LOBBYING GROUPS INCLUDING THE COLORADO11
632	632	DEPARTMENT OF EDUCATION , THE COLORADO ASSOCIATION OF SCHOOL12
633	633	EXECUTIVES, THE COLORADO ASSOCIATION OF SCHOOL BOARDS , THE13
634	634	C
635	635	OLORADO EDUCATION ASSOCIATION , THE AMERICAN FEDERATION OF14
636	636	TEACHERS, OR A LOCAL EDUCATION PROVIDER.15
637	637	(b) T
638	638	HE LITERACY OMBUDSMAN OFFICE MUST CREATE AND16
639	639	MAINTAIN A "READ ACT" GRIEVANCE PROCESS FOR PARENTS OR17
640	640	GUARDIANS THROUGH THE OMBUDSMAN OFFICE , INCLUDING GRIEVANCES18
641	641	RELATED TO LACK OR DELAY OF SCREENING AND LACK OF ADEQUATE19
642	642	PROGRESS WITH INTERVENTION .20
643	643	(16) T
644	644	HE DEPARTMENT SHALL PROMULGATE RULES TO IMPLEMENT21
645	645	THE REQUIREMENTS OF THIS SECTION.22
646	646	SECTION 3. Act subject to petition - effective date. This act23
647	647	takes effect at 12:01 a.m. on the day following the expiration of the24
648	648	ninety-day period after final adjournment of the general assembly; except25
649	649	that, if a referendum petition is filed pursuant to section 1 (3) of article V26
650	650	of the state constitution against this act or an item, section, or part of this27
651	651	SB23-181
652	652	-18- act within such period, then the act, item, section, or part will not take1
653	653	effect unless approved by the people at the general election to be held in2
654	654	November 2024 and, in such case, will take effect on the date of the3
655	655	official declaration of the vote thereon by the governor.4
656	656	SB23-181
657	657	-19-