§ 22-7-1209 — State board - rules - department - duties

Colorado § 22-7-1209

• Jurisdiction: Colorado
• Title 22: Education
• Art.: Educational Accountability

Text

(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; oral skills, including oral reading
fluency; encoding; word decoding; 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 subsections (2)(a)(II) and (2.5) 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.

(2.5) Notwithstanding the requirements of subsection (2)(a)(II) of this section,
during the department's required review of assessments pursuant to this section,
the department may recommend interim assessments that include a universal
dyslexia screener. Each of the recommended interim assessments must be
developmentally appropriate, economical, and efficient to administer. Each
recommended interim assessment that includes a universal dyslexia screener must
meet the following criteria:

(a) In the identification of students who are at risk of reading difficulties:

(I) Accurately and reliably identify students who are at risk of reading failure
or reading disorders; and

(II) Directly measure reading competency skills, including, but not limited to:

(A) Phonological and phonemic awareness;

(B) The alphabetic principle;

(C) Encoding and word-decoding skills;

(D) Letter naming;

(E) Oral reading fluency; and

(F) Rapid automatized naming;

(b) Meet validity and reliability standards by:

(I) Using norm-referenced and criterion-based scores that include, at a
minimum:

(A) Validity and reliability measures for grade-level, skill-specific subtests;

(B) Grade-level, skill-specific validity measures, including concurrent
validity, predictive validity, and classification accuracy;

(C) Grade-level reliability measures, including test-retest reliability,
interrater reliability if the assessment is not computer adaptive, and alternate form
reliability; and

(D) Evidence that the assessment is normed and validated using a
contemporary multicultural and multilanguage sample of students, with outcome
data for students whose home language is a language other than English, as well as
students who are native English speakers;

(II) Ensuring the assessment includes a publicly available technical manual;
and

(III) Ensuring the publicly available technical manual includes cutoff points
for risk, based on research correlating specific skill scores at designated time
points with future reading outcomes;

(c) Encourage data-driven instructional decision-making by:

(I) Providing universal screening assessment results that allow teachers to
determine whether a student is below research-based cutoff points for risk on a
composite score and individual subtests;

(II) Permitting the use of subtest scores and risk cutoff points in the
selection of diagnostic or formative assessments to further evaluate reading
competency skills and inform differentiated instruction; and

(III) Enabling educators to use universal screening assessment data to guide
subsequent assessment and instructional decisions;

(d) Promote efficient administration and follow-up by:

(I) Minimizing student assessment time;

(II) Providing reliable alternate forms for progress monitoring;

(III) Including timed subtests to measure automaticity and fluency;

(IV) Avoiding redundancy in administration and scoring; and

(V) Supplying guidance and resources for educators regarding how to:

(A) Administer the assessment, interpret results, and explain results to
families, including in students' primary languages; and

(B) Determine further educational strategies, assessments, diagnostics, and
potential interventions that are specific to each type of student result that may be
effective for the specific needs of an individual student and that reflect a tiered
interventions model aligned with the multi-tiered systems of supports.

(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 subsections (2)(a) and (2.5) 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 subsections (2) and (2.5) 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 subsections (2)(a) and (2.5) 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 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 subsections (2) and (2.5) 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.

Legislative History

Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, 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. 275, 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. 154, p. 1827, � 7, effective May 10. L. 2021: (9) added, (SB 21-151), ch. 267, p. 1551, � 2, effective June 18. L. 2022: IP(2)(c) amended, (SB 22-004), ch. 280, p. 2020, � 2, effective August 10. L. 2025: (7) amended, (HB 25-1320), ch. 236, p. 1175, � 22, effective May 23; (1)(a), (2)(a)(I), IP(3), (3)(b), and (8)(c)(I) amended and (2.5) added, (SB 25-200), ch. 234, p. 1113, � 5, effective August 6.