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 22-7-1210.5 - Per-pupil intervention money - uses - distribution - monitoring

(1)
(a)
To distribute the money appropriated pursuant to section
22-7-1210 (4)
for per-pupil intervention money, the department shall annually calculate the per-pupil amount by dividing the amount of money available by the total number of students enrolled in kindergarten and first, second, and third grades in public schools in the state who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed. Subject to the requirements of this section, a local education provider may receive per-pupil intervention money in an amount equal to the calculated per-pupil amount multiplied by the number of students enrolled in kindergarten and first, second, and third grades in public schools operated by the local education provider who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed.
(b)
Repealed.
(2)
Before the beginning of each budget year, to receive a distribution of per-pupil intervention money, a local education provider must submit to the department by the date specified by state board rule:
(a)
The number of students enrolled in kindergarten and first, second, and third grades in public schools operated by the local education provider who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed; and
(b)
A budget, including a narrative explanation, for the use of the per-pupil intervention money in accordance with the uses described in subsection (4) of this section.
(3)
(a)
At the beginning of each budget year, the department shall distribute to a local education provider that meets the requirements specified in subsection (3)(b) of this section the amount of per-pupil intervention money calculated for the local education provider pursuant to subsection (1) of this section for the applicable budget year.
(b)
To receive per-pupil intervention money in a budget year, a local education provider must meet the following requirements:
(I)
The local education provider must submit the information described in subsection (2) of this section and in section
22-7-1213 (2)
;
(II)
For the 2022-23 budget year and budget years thereafter, the local education provider must submit evidence that it is in compliance with the teacher training requirements specified in section
22-7-1208 (6)
;
(II.5)
For the 2024-25 budget year and budget years thereafter, the local education provider must submit evidence that it is in compliance with the principal and administrator training requirements specified in section
22-7-1208
(6.5) and the reading interventionist training requirements specified in section
22-7-1208
(6.7);
(III)
The department must approve the local education provider's proposed use of the per-pupil intervention money as being in compliance with the requirements in subsection (4) of this section;
(IV)
For the preceding budget year, the local education provider must have used the money for one or more of the purposes specified in subsection (4) of this section; except that the provisions of this subsection (3)(b)(IV) do not apply if the local education provider did not receive a distribution of per-pupil intervention money in the preceding budget year; and
(V)
If the local education provider is expecting to use the per-pupil intervention money for targeted intervention services as described in subsection (4)(d) of this section, the department reviewed and approved the services. The department shall not approve services that have not been implemented and proven to be successful with a student population and under circumstances that are comparable to those of the local education provider or that are not supported by valid research that suggests the services will be effective with the student population served by, and under the circumstances of, the local education provider.
(c)
Throughout the budget year, the department shall monitor and, if deemed necessary by the department, audit each local education provider's use of the per-pupil intervention money it receives. The department may conduct site visits to the extent deemed necessary to adequately monitor a local education provider's use of per-pupil intervention money. Each local education provider shall provide, upon request by the department, information necessary for the department to comply with this subsection (3)(c).
(4)
A local education provider may use the per-pupil intervention money only as follows:
(a)
To operate a summer school literacy program as described in section
22-7-1212
;
(b)
To purchase core reading instructional programs that are included on the advisory list of instructional programming in reading and supporting technologies developed by the department pursuant to section
22-7-1209 (2)(b)
;
(c)
To purchase tutoring services that focus on increasing students' foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension for students who are receiving instructional services pursuant to READ plans;
(d)
To provide other targeted, evidence-based or scientifically based intervention services to students who are receiving instructional services, which may include services provided by a reading interventionist, pursuant to READ plans, which services are approved by the department;
(e)
To provide technology, including software, which is included on the advisory list of instructional programming in reading and supporting technologies pursuant to section
22-7-1209 (2)(b)
, to assist in assessing and monitoring student progress toward reading competency, which may include providing professional development in the effective use of the technology or software;
(f)
To purchase from a board of cooperative services the services of a reading specialist or reading interventionist who is trained in the science of reading and in teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension to provide educator professional development in teaching reading and other support in implementing the requirements of this part 12; or
(g)
To provide professional development programming to support educators in teaching reading. Professional development programming authorized in this subsection (4)(g) may include hiring a reading coach who is trained in teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension to provide job-embedded, ongoing professional development to support kindergarten-through-third-grade teacher competence in teaching phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension. A local education provider that has not fully complied with section
22-7-1208 (6)
, (6.5), or (6.7) is strongly encouraged to use per-pupil intervention money to ensure that all teachers employed by the local education provider to teach kindergarten or any of grades one through three and all reading interventionists employed to teach grades four through twelve successfully complete evidence-based training in teaching reading, and the principals and administrators described in section
22-7-1208
(6.5)(a) successfully complete evidence-based training in the science of reading, before using the money for other authorized purposes.
(5)
In using the per-pupil intervention money distributed pursuant to this section, each local education provider shall ensure that some type of intervention, as described in subsection (4) of this section, is available to each student who is identified as having a significant reading deficiency and who is enrolled in kindergarten or first, second, or third grade in a school operated by the local education provider.
(6)
(a)
Each local education provider shall ensure that the per-pupil intervention money it receives in each budget year is used to improve the reading competency of students enrolled in kindergarten and grades one through three who are identified as having a significant reading deficiency or receive instructional services pursuant to READ plans and does not replace other money that would otherwise be used for this purpose.
(b)
(I)
A local education provider may retain up to fifteen percent of the amount of per-pupil intervention money it receives in a budget year for use in accordance with this section in the next budget year. If a local education provider retains more than the amount authorized in this subsection (6)(b), the department shall reduce the amount of per-pupil intervention money that the local education provider is eligible to receive in the next budget year by the excess retention amount.
(II)
Repealed.
Amended by 2022 Ch. 280, § 4, eff. 8/10/2022.
Amended by 2022 Ch. 237, § 5, eff. 5/26/2022.
Amended by 2021 Ch. 222, § 7, eff. 6/11/2021.
Amended by 2021 Ch. 127, § 2, eff. 5/10/2021.
Amended by 2020 Ch. 197, § 40, eff. 6/30/2020.
Added by 2019 Ch. 154, § 9, eff. 5/10/2019.
L. 2019: Entire section added, (SB 19-199), ch. 1834, p. 1834, § 9, effective May 10. L. 2020: (1) amended, (HB 20-1418), ch. 956, p. 956, § 40, effective June 30. L. 2021: (3)(b)(II) amended, (HB 21-1129), ch. 515, p. 515, § 2, effective May 10; (6)(b) amended, (SB 21-268), ch. 1173, p. 1173, § 7, effective June 11.
Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 2021. (See L. 2020, p. 956.)
2022 Ch. 280, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.