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-