Early literacy education

Colo. Rev. Stat. § 22-7-1204, under Education.

Colo. Rev. Stat. § 22-7-1204

Each local education provider that enrolls students in kindergarten or first, second, or third grade shall provide to the students enrolled in said grades the instructional programming and services necessary to ensure to the greatest extent possible that students, as they progress through kindergarten, first, second, and third grade, develop the necessary reading skills to enable them to master the academic standards and expectations applicable to the fourth-grade curriculum and beyond. The instructional programming and services for teaching students to read must be evidence based and scientifically based and must focus on reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension.

Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 649, � 2, effective July 1. L. 2019: Entire section amended, (SB 19-199), ch. 154, p. 1824, � 3, effective May 10.

22-7-1205. Reading competency - assessments - READ plan creation - parental involvement. (1) (a) Each local education provider that enrolls students in kindergarten or first, second, or third grade shall ensure that teachers measure each student's reading competency using interim reading assessments at least once during the spring semester of the 2012-13 school year and throughout the year in subsequent school years. A local education provider may also administer a summative assessment to measure students' reading competency at the conclusion of kindergarten, first, and second grades. Each local education provider shall select from the list of approved assessments adopted by rule of the state board pursuant to section 22-7-1209 (1) those assessments it shall use to measure a student's reading competency. A local education provider may choose to use other reading assessments in addition to but not in lieu of the approved assessments.

(a.5) Each local education provider is required to administer a reading assessment to students enrolled in kindergarten during the first ninety days of the school year. If the local education provider administers the reading assessment within the first sixty days of the school year, it is not required to administer the literacy component of the school readiness assessment as provided in section 22-7-1014 (1)(a).

(a.7) (I) The local education provider shall determine whether a student who is an English language learner, as defined in section 22-24-103, and whose native language is Spanish, takes the reading assessments in English or in Spanish. If the student takes the reading assessments in Spanish, the local education provider may also administer a reading assessment in English to the student at the request of the student's parent. If the state board adopts a list of approved reading assessments pursuant to section 22-7-1209 that includes assessments in languages other than English or Spanish, the local education provider shall determine whether a student who is an English language learner and whose native language is not Spanish takes the reading assessments in English or in the student's native language if there is an approved reading assessment in the student's native language. If the student takes the reading assessments in the student's native language, the local education provider may also administer a reading assessment in English to the student at the request of the student's parent. If the local education provider decides that a student who is an English language learner must take the reading assessments in a language other than English, the local education provider shall determine, and communicate to the student's parent in a language the parent understands, if possible, the level of English language proficiency at which the student must take at least one of the reading assessments in English, as provided in subsection (1)(a.7)(II) of this section. If the student has a significant reading deficiency, the local education provider may communicate the information specified in this subsection (1)(a.7) to the student's parent with the information required in subsection (2) of this section.

(II) In determining whether a student must take the reading assessments in a language other than English as required in subsection (1)(a.7)(I) of this section, each local education provider shall review the student's score on the most recent annual assessment administered pursuant to the local education provider's English language proficiency program, as required in article 24 of this title 22. If the student scores within the range that the local education provider determines demonstrates partial proficiency in English or higher, the local education provider shall ensure that the student annually takes at least one of the reading assessments required in this subsection (1) in English.

(b) (I) If a teacher finds, based on a student's scores on the approved reading assessments, that the student may have a significant reading deficiency, the teacher shall administer to the student one or more diagnostic assessments within sixty days after the previous assessment to determine the student's specific reading skill deficiencies. Each local education provider shall select from the list of approved assessments adopted by rule of the state board pursuant to section 22-7-1209 (1) those assessments it uses to determine a student's specific reading skill deficiencies. A local education provider may choose to use other diagnostic reading assessments in addition to but not in lieu of the approved assessments.

(II) A teacher may conclude that a student has a significant reading deficiency if the student's body of evidence supports the conclusion. A student's body of evidence for the purposes of identifying the student as having a significant reading deficiency may include:

(A) Results from various formal and informal diagnostic assessments, as developmentally appropriate for the student's grade level, in the areas of phonological and phonemic awareness, sound-symbol recognition, alphabet knowledge, word decoding, rapid naming, encoding, and oral reading fluency;

(B) Results from additional diagnostic assessments for identifying relevant literacy skill weaknesses, as developmentally appropriate for the student's grade level, that may include oral language, vocabulary, language comprehension, and reading comprehension;

(C) Direct or indirect observational assessments from teachers and parents, as available, that may contribute to a fuller understanding of a student's academic performance or scores;

(D) Relevant student demographic information, English language proficiency, or language spoken at home;

(E) The student's educational and developmental history, including access to preschool education; and

(F) Consideration of potential errors in assessment, including administration and scoring.

(c) Beginning with the 2012-13 school year, each local education provider shall annually report to the department the state-assigned student identifier for each student who is identified pursuant to this subsection (1) as having a significant reading deficiency.

(d) If, based on a student's scores on the approved reading assessments in a specific school year, a teacher finds that a student demonstrates reading competency appropriate for his or her grade level, the local education provider is not required to administer the approved interim reading assessments to the student for the remainder of the specific school year.

(2) (a) Beginning no later than the 2013-14 school year, upon finding that a student has a significant reading deficiency, the local education provider shall ensure that the student receives a READ plan, as described in section 22-7-1206. The teacher and any other skilled school professionals the local education provider may choose to select shall, if possible, meet with the student's parent to communicate and discuss the information specified in paragraph (b) of this subsection (2) and jointly create the student's READ plan. Upon completion of the meeting or as soon as possible thereafter, the teacher or other personnel of the local education provider shall give the parent a written explanation of the information specified in paragraph (b) of this subsection (2) and a copy of the student's READ plan. To the extent practicable, the teacher and other personnel shall communicate with the parent, orally and in writing, in a language the parent understands.

(b) The teacher and the other personnel shall communicate and discuss with the parent the following information:

(I) The state's goal is for all children in Colorado to graduate from high school having attained skill levels that adequately prepare them for postsecondary studies or for the workforce, and research demonstrates that achieving reading competency by third grade is a critical milestone in achieving this goal;

(II) The nature of the student's significant reading deficiency, including a clear explanation of what the significant reading deficiency is, whether or not the significant reading deficiency may include characteristics of dyslexia, and the basis upon which the teacher identified the significant reading deficiency;

(III) If the student enters fourth grade without achieving reading competency, he or she is significantly more likely to fall behind in all subject areas beginning in fourth grade and continuing in later grades. If the student's reading skill deficiencies are not remediated, it is likely that the student will not have the skills necessary to complete the course work required to graduate from high school.

(IV) Reading skills are critical to success in school. Under state law, the student qualifies for and the local education provider is required to provide targeted, scientifically based or evidence-based interventions to remediate the student's specific, identified reading skill deficiencies, which interventions are designed to enable the student to achieve reading competency and attain the skills necessary to achieve the state's academic achievement goals.

(V) The student's READ plan will include targeted, scientifically based or evidence-based intervention instruction to address and remediate the student's specific, identified reading skill deficiencies;

(VI) The parent plays a central role in supporting the student's efforts to achieve reading competency, the parent is strongly encouraged to work with the student's teacher in implementing the READ plan, and, to supplement the intervention instruction the student receives in school, the READ plan will include strategies the parent is encouraged to use at home to support the student's reading success; and

(VII) There are serious implications to a student entering fourth grade with a significant reading deficiency and, therefore, if the student continues to have a significant reading deficiency at the end of the school year, under state law, the parent, the student's teacher, and other personnel of the local education provider are required to meet and consider retention as an intervention strategy and determine whether the student, despite having a significant reading deficiency, is able to maintain adequate academic progress at the next grade level.

(c) In addition to the information specified in paragraph (b) of this subsection (2), the teacher and the other personnel of the local education provider are encouraged to communicate and discuss information concerning resources that are available through the local education provider or through other entities within the community that may support the student in achieving reading competency.

(3) (a) If, after making documented attempts, the teacher is unable to meet with the student's parent to create the READ plan, the teacher and any other skilled school professionals the local education provider may choose to select shall create the student's READ plan and ensure that the student's parent receives the following information in a language the parent understands, if practicable:

(I) A written copy of the READ plan with a clear, written explanation of the scientifically based or evidence-based reading instructional programming and other reading-related services the student will receive under the plan and the strategies that the parent is encouraged to apply in assisting the student in achieving reading competency; and

(II) A written explanation of the information specified in paragraph (b) of subsection (2) of this section.

(b) At a parent's request, the teacher and any other skilled school professionals the local education provider may choose to select shall meet with the parent to provide a verbal explanation of the elements of the READ plan.

(4) The local education provider shall ensure that the parent of each student who has a READ plan receives ongoing, regular updates from the student's teacher, which may occur through existing methods of communication, concerning the results of the intervention instruction described in the plan and the student's progress in achieving reading competency. The student's teacher is encouraged to communicate with the parent concerning the parent's progress in implementing the home reading strategies identified in the student's READ plan. To the extent practicable, the teacher shall communicate with the parent in a language the parent understands.

Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 650, � 2, effective July 1. L. 2015: (1)(a.5) and (1)(d) added and (1)(b) amended, (HB 15-1323), ch. 204, p. 714, � 4, effective May 20. L. 2017: (1)(a.7) added, (HB 17-1160), ch. 389, p. 2010, � 2, effective June 6. L. 2025: (1)(b), (2)(b)(II), (2)(b)(IV), and (2)(b)(V) amended, (SB 25-200), ch. 234, p. 1111, � 3, effective August 6.

Cross references: For the legislative declaration in SB 25-200, see section 1 of chapter 234, Session Laws of Colorado 2025.

22-7-1206. Reading to ensure academic development (READ) plan - contents - implementation. (1) (a) A teacher, and other skilled school professionals that the local education provider may choose to select, shall create a READ plan for each student who has a significant reading deficiency. The teacher and any other personnel shall create the plan in collaboration with the student's parent, if possible, and as soon as possible after the student's significant reading deficiency is identified. The student, the student's teacher, and the student's parent shall continue implementing the student's READ plan until the student demonstrates reading competency. The student's teacher shall review the student's READ plan at least annually and update or revise the READ plan as appropriate to facilitate the student's progress in demonstrating reading competency.

(b) Each local education provider shall ensure that a student's current READ plan, any earlier versions of the READ plan, and any supporting documentation for the plan and the body of evidence that demonstrates a student's progress in implementing the plan are included in the student's permanent academic record and are transferred if the student subsequently enrolls in another school.

(2) (a) If a student's reading skills are below grade-level expectations, as adopted by the state board, but the student does not have a significant reading deficiency, the local education provider shall ensure that the student receives appropriate interventions through the multi-tiered systems of supports or a comparable intervention system implemented by the local education provider. At a minimum, the local education provider shall ensure that the student receives educational services in a daily literacy block for the length of time identified as effective in research relating to best practices in teaching reading.

(b) If a student has a significant reading deficiency, the student's READ plan must include the intervention instruction that the local education provider provides through the multi-tiered systems of supports or a comparable intervention system implemented by the local education provider.

(3) Notwithstanding any provision of this part 12 to the contrary, if a student is identified as having a disability that impacts the student's progress in developing reading skills, the local education provider shall, as appropriate, integrate into the student's individualized education program created pursuant to section 22-20-108 intervention instruction and strategies to address the student's reading issues in lieu of a READ plan.

(4) If a student enrolled in kindergarten is identified as having a significant reading deficiency, the local education provider shall create the student's READ plan as a component of the student's individualized readiness plan created pursuant to section 22-7-1014. The local education provider may include components of the student's individualized readiness plan that apply to teaching literacy as part of the student's READ plan after the student completes kindergarten, so long as the local education provider administers an approved reading assessment to the student in grades one through three as required in section 22-7-1205 (1) and the student's READ plan meets the requirements specified in subsection (5) of this section.

(5) Each READ plan must include, at a minimum:

(a) The student's specific, diagnosed reading skill deficiencies that need to be remediated in order for the student to attain reading competency;

(b) The goals and benchmarks for the student's growth in attaining reading competency;

(c) The type of additional instructional services and interventions the student will receive in reading. At a minimum, the local education provider shall ensure that the student receives educational services in a daily literacy block for the length of time identified as effective in research relating to best practices in teaching reading.

(d) The scientifically based or evidence-based reading instructional programming the teacher will use to provide to the student daily reading approaches, strategies, interventions, and instruction, which programs at a minimum shall address the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension. The local education provider may choose to select the programs from among those included on the advisory list prepared by the department pursuant to section 22-7-1209;

(e) The manner in which the local education provider will monitor and evaluate the student's progress;

(f) The strategies the student's parent is encouraged to use in assisting the student to achieve reading competency that are designed to supplement the programming described in paragraph (d) of this subsection (5); and

(g) Any additional services the teacher deems available and appropriate to accelerate the student's reading skill development.

(6) Each local education provider shall ensure that a teacher continues to revise and implement a student's READ plan until the student attains reading competency, regardless of the student's grade level and regardless of whether the student was enrolled with the local education provider when the READ plan was originally created or the student transferred enrollment to the local education provider after the READ plan was created.

(7) (a) If a student is identified as having a significant reading deficiency for a second or subsequent consecutive school year, the local education provider shall ensure that, in the second or subsequent consecutive school year:

(I) The student's teacher revises the student's READ plan to include additional, more rigorous strategies and intervention instruction to assist the student in attaining reading competency, including increased daily time in school for reading instruction;

(II) The principal of the school in which the student is enrolled ensures that the student receives reading instruction in conjunction with and supported through the other subjects in which the student receives instruction during the school day; and

(III) If practicable, the student receives reading instruction from a teacher who is identified as effective or highly effective in his or her most recent performance evaluation and has expertise in teaching reading.

(b) In addition, with the approval of the student's parent, the local education provider may provide to the student mental health support from the school psychologist, school social worker, or school counselor.

Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 652, � 2, effective July 1. L. 2019: (2), (4), IP(5), and (5)(c) amended, (SB 19-199), ch. 154, pp. 1824, 1825, �� 4,5, effective May 10.