2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › GENERAL AND ADMINISTRATIVE (§§ 22-1-101 — 22-16-112) › Article 7 - Educational Accountability (§§ 22-7-101 — 22-7-1214) › Part 12 - COLORADO READ ACT (§§ 22-7-1201 — 22-7-1214) › Section 22-7-1209 - State board - rules - department - duties

(1)
The state board shall promulgate rules in accordance with the "State Administrative Procedure Act", article
4
of title
24
, as necessary to implement the provisions of this part 12, which rules must include, but need not be limited to:
(a)
The minimum reading competency skill levels in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension for kindergarten and first, second, and third grades. The state board shall base the minimum skill levels for second and third grades primarily on scores attained on the assessments approved by the state board pursuant to subsection (1)(b) of this section. The state board shall describe the minimum skill levels for students as they complete kindergarten and first grade using matrices of appropriate indicators, which indicators may include measures of students' social and emotional development, physical development, language and comprehension development, and cognition and general knowledge. The state board shall adopt the rules described in this subsection (1)(a) by March 31, 2013. The state board shall review the minimum reading competency skill levels on or before July 1, 2019, and every four years thereafter and update them as necessary.
(b)
The list of approved evidence-based or scientifically based reading assessments, based on the recommendations of the department, that local education providers may use to meet the requirements specified in section
22-7-1205
. The state board shall adopt the list of approved reading assessments by March 31, 2013. The state board shall review the list of approved reading assessments, on or before July 1, 2019, and every four years thereafter and update the list as necessary.
(c)
Rules for approving one or more independent third-party evaluators to review reading assessments for inclusion on the approved list of assessments and to review instructional programming and professional development programs for inclusion on the advisory lists created by the department pursuant to subsections (2) and (3) of this section;
(d)
Rules to provide notice and an appeals process, which may be a process for written appeals, for publishers and local education providers who submit materials for inclusion on the list of approved assessments and the advisory lists of instructional programming, and professional development programs. On appeal, the department and the state board must, at a minimum, consider any findings that an appellant may submit from a nationally recognized, evidence-based information clearinghouse that demonstrate that a program has achieved positive results for a substantially similar population of students who are identified as having significant reading deficiencies.
(d.5)
The time frames and procedures for submitting information concerning the use of per-pupil intervention money;
(e)
The time frames and procedures for reporting information concerning students' reading skills as described in section
22-7-1213
; and
(f)
Rules for implementing the early literacy grant program pursuant to section
22-7-1211
.
(2)
(a)
(I)
Using the procedure developed pursuant to subsection (3) of this section, the department shall review and recommend to the state board reading assessments, including interim, summative, and diagnostic assessments, for kindergarten and first, second, and third grades that, at a minimum, meet the criteria specified in subsection (2)(a)(II) of this section. Following action by the state board to approve reading assessments pursuant to subsection (1)(b) of this section, the department shall create a list of the approved reading assessments for kindergarten and first, second, and third grades for use by local education providers. The department shall update the list of approved reading assessments on or before July 1, 2019, and every four years thereafter as necessary. The department shall work with the approved assessment publishers to better align, to the extent practicable, the minimum reading competency levels for third grade, which are based on the scores attained on the approved assessments, with the preschool through elementary and secondary education standards for third-grade reading adopted pursuant to section
22-7-1005
.
(II)
The department shall ensure that:
(A)
Each of the recommended reading assessments is evidence-based or scientifically based and is aligned with the preschool through elementary and secondary education standards for reading adopted by the state board pursuant to section
22-7-1005
;
(B)
Each of the recommended reading assessments is valid and reliable and proven to effectively and accurately measure students' reading skills in the areas of phonemic awareness; phonics; vocabulary development; reading fluency, including oral skills; and reading comprehension;
(C)
Each of the recommended reading diagnostics is proven to accurately identify students' specific reading skill deficiencies;
(D)
At least one of the recommended reading assessments for kindergarten and first, second, and third grades is normed for the performance of students who speak Spanish as their native language, which assessment is available in both English and Spanish; and
(E)
The list of recommended reading assessments and reading diagnostics includes at least one assessment and one diagnostic that a student can complete using pencil and paper rather than using a computer.
(b)
Using the procedure developed pursuant to subsection (3) of this section, the department shall create an advisory list of evidence-based or scientifically based instructional programming in reading and supporting technologies, including software, for assessing and monitoring student progress that local education providers are encouraged to use, which programming and technology, including software, are aligned with the recommended reading assessments, including the assessment required in subsection (2)(a)(II)(D) of this section. The advisory list may include only programming and technology, including software, that, at a minimum:
(I)
Have been proven to accelerate student progress in attaining reading competency;
(II)
With regard to instructional programming, provides explicit and systematic skill development in the areas of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension;
(II.5)
With regard to instructional programming, is evidence based or scientifically based and is aligned with the preschool through elementary and secondary education standards for reading adopted by the state board pursuant to section
22-7-1005
;
(III)
With regard to instructional programming, includes evidence-based or scientifically based and reliable assessments;
(IV)
Provide initial and ongoing analysis of the student's progress in attaining reading competency; and
(V)
With regard to instructional programming, includes texts on core academic content to assist the student in maintaining or meeting grade-appropriate proficiency levels in academic subjects in addition to reading.
(c)
Using the procedure developed pursuant to subsection (3) of this section, the department shall create an advisory list of rigorous professional development programs 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:
(I)
Focused on or aligns with the science of reading, including teaching in the areas of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension; and
(II)
Includes rigorous evaluations of learning throughout and at the end of the course that a person taking the course must pass to successfully complete the course.
(d)
The department shall make the approved list of assessments and the advisory lists of instructional programming and professional development programs, and subsequent updated lists, available on the department's website. The department is not required to provide copies of any reading assessments, instructional programming, or professional development programs that are included on the lists. If the department does provide copies of any materials that it acquires by purchase of a license for use by local education providers, the materials may be used only in accordance with the license.
(e)
Each local education provider shall select from the list of approved reading assessments those reading assessments that it will administer to students in kindergarten and first, second, and third grades. Each local education provider is encouraged to use the instructional programming in reading and professional development programs included on the advisory lists. The department and each local education provider, in using the assessments, instructional programming in reading, and professional development programs that are included on the lists, shall comply with the federal copyright laws,
17 U.S.C. sec. 101
et seq.
(3)
The department shall develop and implement a procedure for identifying the reading assessments it recommends to the state board for the approved list of reading assessments described in subsection (2)(a) of this section and for creating the advisory lists of instructional programming and professional development programs described in subsections (2)(b) and (2)(c) of this section. At a minimum, the procedure must include:
(a)
Soliciting through public notice, accepting, and promptly reviewing assessments, instructional programming, and professional development programs from each local education provider and from publishers;
(b)
Evaluating the assessments, instructional programming, and professional development programs that the department identifies or receives, which evaluation is based on the criteria specified in subsection (2) of this section and any additional criteria the state board may adopt by rule. The department may contract with an independent, third-party evaluator approved by the state board to evaluate the materials. The department shall recommend to the state board the reading assessments that meet the requirements specified in paragraph (a) of subsection (2) of this section.
(c)
Reviewing the list of approved assessments at least every four years and the advisory lists at least every two years to update the lists and add additional items, when appropriate. In reviewing and updating the list of approved assessments and the advisory lists, the department shall, at a minimum, comply with the procedures described in subsections (3)(a) and (3)(b) of this section.
(d)
Publishing on the department's website the initial and updated approved list of reading assessments and advisory lists of instructional programming and professional development programs.
(3.5)
In designing and periodically updating the procedure and the rubric of criteria for reviewing assessments and materials and creating the advisory lists, the department shall consult with local education providers, including those with high enrollments of students who are English language learners as defined in section
22-24-103
, and with third-party experts as necessary. The department shall ensure that the procedure for reviewing the assessments and materials and creating the advisory lists is inclusive and transparent.
(4)
The department shall specify the information that local education providers shall submit pursuant to section
22-7-1213
and shall analyze the information as necessary to make the determinations specified in section
22-7-1213
. If another rule or statute requires local education providers to submit any portion of the specified information, the department shall not require local education providers to resubmit the information, but shall apply the information received pursuant to the other rule or statute in preparing the analysis required in section
22-7-1213
.
(5)
The department shall make available to local education providers any information and materials it receives pursuant to section
22-7-1208(3)
concerning strategies and intervention instruction that local education providers find effective in assisting students to achieve reading competency, including copies of any effective materials that the department receives.
(6)
The department, upon request, may provide technical assistance to a local education provider in implementing the provisions of this part 12; except that, if a local education provider is accredited with turnaround plan pursuant to section
22-11-208
or required to adopt a turnaround plan pursuant to section
22-11-210
, the department shall provide technical assistance to the local education provider in implementing the provisions of this part 12.
(7)
Beginning in the 2019-20 budget year, the department shall contract with an entity to develop and implement a public information campaign to emphasize the importance of learning to read by third grade and to highlight the local education providers that are achieving high percentages of third-grade students who demonstrate reading competency. The public information campaign must be disseminated statewide and must emphasize the important roles that educators and parents have in teaching children to read and in providing a school and home environment that promotes reading. The department is encouraged to work with the public and private library agencies throughout the state in developing and implementing the public information campaign.
(8)
(a)
By October 1, 2019, the department shall issue a request for proposals to contract with an entity to act as an independent evaluator to provide independent evaluations of the use of per-pupil intervention money and money received through the early literacy grant program by local education providers and to conduct a multi-year evaluation to determine whether the student outcomes achieved by local education providers in implementing this part 12 meet the goals of this part 12 as described in section
22-7-1202(2) and (3)(a)
.
(b)
The commissioner of education shall direct the process for reviewing the proposals received and for selecting the entity in accordance with the procurement laws applicable to the department. In selecting the entity, the commissioner shall ensure that:
(I)
The selected entity demonstrates the ability and capacity to successfully complete the evaluation as described in subsection (8)(c) of this section within the specified time frame;
(II)
The selected entity has expertise in reviewing and understanding the components of high-quality, effective reading curricula, education programs, instruction, strategies, and interventions;
(III)
The selected entity has expertise in reviewing the implementation of English language development programs, especially with regard to teaching reading; and
(IV)
The selected entity has expertise in understanding measurements of student learning and academic growth.
(c)
The multi-year evaluation of the implementation of this part 12 must include:
(I)
Review of the approved reading assessments and the items included on the advisory lists of instructional programming in reading and supporting technologies and of professional development programs to ensure that they meet the requirements specified in subsection (2) of this section and a review of the processes by which the department identifies assessments, instructional programming in reading, and professional development programs for inclusion on the lists;
(II)
Evaluation of the effectiveness of the processes, procedures, methods, and strategies that local education providers use to implement the requirements of this part 12, including an inventory to establish a baseline indication of the teaching methods, strategies, and materials used by local education providers to teach reading in kindergarten and grades one through three;
(III)
Measurement of the results attained that indicate the degree to which the goals of this part 12 have been met, including, at a minimum:
(A)
The number of students annually identified as having significant reading deficiencies, including those initially identified and those who were identified in a previous school year;
(B)
The amount of academic growth to standard in reading annually attained by students who are identified as having significant reading deficiencies and whether students identified as having significant reading deficiencies demonstrate sufficient, as determined by the department, growth to standard in reading over multiple years;
(C)
Whether students identified as having significant reading deficiencies demonstrate grade-level reading competency by completion of third grade or by completion of a later grade;
(D)
The number of students annually identified as reading below grade level; and
(E)
The amount of academic growth to standard in reading annually attained by students who are reading below grade level and whether students identified as reading below grade level demonstrate sufficient, as determined by the department, growth to standard in reading over multiple years;
(IV)
Identification of the effective processes, procedures, methods, and strategies used by local education providers that the independent evaluator identifies as achieving significant academic growth to standard in reading for students identified as having significant reading deficiencies and as reading below grade level;
(V)
Establishment of a baseline indication of the level and quality of pre-service and in-service training in teaching reading received by each educator who is employed in a public school to teach kindergarten or one of grades one through three;
(VI)
Evaluation of the degree to which local education providers effectively work with parents and members of the community to create partnerships for providing and encouraging reading instruction for students enrolled in kindergarten and grades one through three; and
(VII)
Recommendations for legislative or regulatory changes regarding this part 12 or changes in implementation of the requirements of this part 12 to decrease the number of students identified as having significant reading deficiencies and increase to the greatest possible extent the number and overall percentage of students reading at grade level at the completion of kindergarten and grades one through three.
(d)
In completing the multi-year evaluation, the independent evaluator shall take into account student mobility within, and the student demographics of, each local education provider, including at the school-building level. The independent evaluator shall work directly with the department, local education providers, and parents and community members in completing the evaluation.
(e)
The independent evaluator contracted pursuant to this subsection (8) shall complete the evaluation of the implementation of this part 12 as described in subsection (8)(c) of this section by July 1, 2021. The department shall include a report of the evaluation in the hearing before the joint education committee held pursuant to section
2-7-203
in November or December 2021. The independent evaluator shall continue evaluations of the growth in reading achieved by local education providers' use of per-pupil intervention money and money received through the early literacy grant program.
(9)
The department shall post on its website the information submitted by local education providers pursuant to section
22-7-1208(8)
. The department shall ensure that the information is posted in a user-friendly format and in a location on the website easily identified as relating to student literacy or the "Colorado READ Act". The department shall notify the local education providers of the specific internet address for the page on which the information is posted and shall update the information in a timely manner as it receives updates from the local education providers.
Amended by 2022 Ch. 280,§2, eff. 8/10/2022.
Amended by 2021 Ch. 267,§2, eff. 6/18/2021.
Amended by 2019 Ch. 154,§7, eff. 5/10/2019.
Amended by 2018 Ch. 275,§1, eff. 5/29/2018.
Amended by 2015 Ch. 204,§5, eff. 5/20/2015.
L. 2012: Entire part added, (HB 12-1238), ch. 658, p. 658, § 2, effective July 1. L. 2015: (2)(a)(II)(C) and (2)(a)(II)(D) amended and (2)(a)(II)(E) added, (HB 15-1323), ch. 204, p. 714, § 5, effective May 20. L. 2018: IP(1), (1)(a), (1)(b), (1)(d), (2)(a)(I), (2)(a)(II)(A), IP(2)(b), (2)(b)(III), (2)(d), IP(3), (3)(a), and (3)(c) amended and (2)(b)(II.5) and (3.5) added, (HB 18-1393), ch. 1738, p. 1738, § 1, effective May 29. L. 2019: (1)(d.5), (7), and (8) added and (2)(a)(I), (2)(b), (2)(c), IP(3), and (6) amended, (SB 19-199), ch. 1827, p. 1827, § 7, effective May 10. L. 2021: (9) added, (SB 21-151), ch. 1551, p. 1551, § 2, effective June 18.
2022 Ch. 280, was passed without a safety clause. See Colo. Const. art. V, § 1(3).