Colorado State Board of Education
Department of Education

1 Colorado Code of Regulations 301-47

Adopted:	Repealed May 10, 2007, Re-Adopted Emergency Rules May 10, 2007
Amended:	
Attorney General Opinion:  May 17, 2007      

Authority:  Article IX, Section 1, Colorado Constitution.  22-2-106(1)(a) and (c); 22-2-107(1)(c); 22-7-409(1.5); 22-7-601 et seq.; and 22-7-901 THROUGH 909 Colorado Revised Statutes (C.R.S.)

RULES FOR THE ADMINISTRATION OF
THE READ TO ACHIEVE GRANT PROGRAM

2207-R-1.00	
	Statement of Basis and Purpose.  The statutory basis for these emergency rules adopted on May 10, 2007 is found in 22-2-106(1)(a) and (c), State Board Duties; 22-2-107(1)(c), State Board Powers; and 22-7-901 through 22-7-909, the Read to Achieve Grant Program, C.R.S.

	The Read to Achieve Grant Program, 22-7-901 through 22-7-909, C.R.S., requires the State Board of Education to promulgate rules which include, but are not limited to:  application procedures by which a school may apply for grant funds through this program; criteria for selecting those schools that shall receive grants; the criteria for determining the amount to be granted to the selected schools; procedures for reviewing the effectiveness of the intensive literacy programs operated by schools that receive grants; designation of a valid, reliable read to achieve assessment for schools to use in assessing students’ reading proficiency; designation of a date by which the read to achieve board shall annually submit to the department a list of grant recipients and the amount to be awarded to each grant recipient pursuant to section 22-7-905 (4) C.R.S.; and a method for tracking progress of students who move from one school to another school within the state while participating in Read to Achieve programs. 

2207-R-2.00	
2.01 	Definitions.

2.01 	(1)	Program:  The Read to Achieve Grant Program created in the Department of Education pursuant to 22-7-902, C.R.S., allowing an eligible applicant to apply for a grant to fund intensive, research-based reading programs for kindergarten, first, second and third grade pupils and pupils between third and fourth grades whose reading readiness or literacy and reading comprehension skills are below the level established by the State Board of Education, pursuant to 22-7-504 C.R.S. and the Rules for the Administration for the Colorado Basic Literacy Act 1 CCR 301-42, for pupils at each grade level.

2.01 	(2)	Read to Achieve Board: A board created pursuant to 22-7-904, C.R.S, which shall consist of eleven members, no more than six of whom are from the same political party, that have been appointed by the Governor, the President of the Senate, the Speaker of the House of Representatives and the State Board of Education. The Commissioner of Education or his or her designee shall also serve on the Read to Achieve Board. The Read to Achieve Board’s major duties consist of the solicitation and review of applications for grants under this program and the awarding of grants, including the duration and amount of each grant, pursuant to these Rules.

2.01 	(3)	State Board:  The State Board of Education created pursuant to Section 1, Article IX of the State Constitution. 

2.01 	(4)	Department:  The Department of Education created pursuant to section 24-1-115, C.R.S. 

2.01 	(5)	Eligible Applicant:  An eligible public school that applies for a grant or a collaborative group of eligible public schools applying jointly for a grant pursuant to these Rules. 

2.01 	(6)	Eligible Public School: A public school, including a charter school or an Institute Charter School as those schools are described in Article 30.5 of Title 22.  The Department shall prepare a list of eligible public schools including a charter schools or an Institute Charter Schools as determined by the Department pursuant to section 22-7-903 C.R.S.  

2.01	(7)	Read to Achieve Assessment: The assessment that is designated by rule of the State Board as the Read to Achieve Assessment pursuant to 22-7-504 (1) C.R.S.  The assessment must be used to assess the reading readiness or literacy and reading comprehension levels of kindergarten through third grade pupils participating in the Read to Achieve Program. 

2.01 	(8)	State Assessment:  A statewide assessment adopted by the State Board to measure reading pursuant to section 22-7-406 C.R.S. and administered by the Department as described in 22-7-409 C.R.S. 

2.01 	(9)	Levels of  Reading Readiness or Literacy and Reading Comprehension Skills:  The proficiency levels established in the Rules for the Administration of the Colorado Basic Literacy Act, adopted in May of 1997 and amended on May 13, 2004 by the State Board of Education in compliance with 22-7-501 – 505, C.R.S.

2.01 	(10)	Colorado Department of Education (CDE) – Request for Proposal (RFP) Development Process:  The processes and procedures developed by CDE to ensure that all RFP’s are consistent with the appropriate funding source, adhere to appropriate statutory requirements, and support the organizational commitment of CDE.

2207-R-2.02	
2.02 	Implementation Procedures.

2.02 	(1)	Determination of Eligible Schools.  On an annual basis, the Department and the Read to Achieve Board shall prepare and submit to the State Board a list of all eligible schools. Criteria to determine eligible schools, shall include but not be limited to: (a) the percentage of students over time whose reading readiness and reading comprehension levels are less than proficient; and (b) geographic location.

2.02 	(2)	Application and RFP Procedures.  The Department will be the responsible agency for implementing the Read to Achieve Grant Program.  The Department, in consultation with the Read to Achieve Board, will develop a Request for Proposal (RFP), pursuant to the Department’s RFP process and pursuant to the requirements and timelines found in 22-7-905, C.R.S. The application must include, but need not be limited to: 

2.02 	(2)	(a)	The number of kindergarten, first, second, and third pupils enrolled at the eligible applicant’s school whose reading readiness or literacy and reading comprehension skills are below grade level;

2.02	(2)	(b)	Evidence that the proposed program is based on a research model that has been proven to be successful in other public schools in the nation to enhance the reading readiness or literacy and reading comprehension skills of kindergarten through third grade students at the school; and

2.02 	(2)	(c)	The cost of the program.

2.02	(3)	Duration and Amount of Grant Awards.  On or before July 1, 2007 and each year thereafter, the Read to Achieve Board shall submit to the Department a list of grant recipients and the amount to be awarded to each grant recipient based upon the criteria outlined in the RFP.  The Read to Achieve Board must state the duration (between one and three years) and amount of each grant. 

2.02 	(4)	Supplement, not Supplant.   Each grant awarded shall be used to supplement not supplant any moneys currently being used on intensive literacy programs already provided for eligible students.  

2.02	(5)	Eligible Programs for K-3 Pupils.  Eligible programs for eligible kindergarten through third grade pupils may include, but need not be limited to: 

2.02	(5)	(a)	reading academies operated as schools within schools for intensive reading instruction; 

2.02 	(5)	(b)	after-school literacy programs; 

2.02	(5)	(c)	summer school clinics; 

2.02	(5)	(d)	one-on-one or group tutoring services; and

2.02	(5)	(e)	extended-day reading programs.   

2.02	(6)	Eligible Programs for Pupils in Between the Third and Fourth Grades.  Any intensive literacy program funded through the program for fourth grade pupils may be offered only between third and fourth grade and shall be designed to raise the participating pupils’ literacy and reading comprehension skills to at least the proficiency level on the third grade Read to Achieve Assessment prior to beginning fourth grade classes in the fall semester.

2.02 	(7)	Data Collection and Reporting.  Procedures by which grant recipients shall collect and report data for the purpose of determining the effectiveness of the Read to Achieve Grant Program shall be specified in the RFP.  The RFP shall include high, but attainable levels of reading readiness and literacy and reading comprehension skills for each eligible grade, pursuant to the Colorado Basic Literacy Act, section 22-7-504 C.R.S.  Each school that receives a Read to Achieve grant shall use the Read to Achieve Assessment adopted by the State Board of Education, to assess participating students’ reading proficiency and will report this student data to the Department at specified times.  Both eligibility for initial funding and continued funding of grants will be based on levels of reading readiness or literacy and reading comprehension skills using the Read to Achieve Assessment adopted by the State Board of Education, and the State Assessment (CSAP) results for the third grade pupils as defined in section 22-7-905 (5)(b) C.R.S. 

2.02 	(8)	Year Two and Three Funding.  If a school or collaborative group of schools receives a grant pursuant to this section for more than one year, the school(s) shall be eligible for moneys in the second and/or third year of the grant only if the school(s) meets the goals established in its application including the demonstration that at least sixty-five percent of the pupils who completed a one-year instructional cycle of the intensive reading program the prior year reached their achievement goals or otherwise demonstrated that they are on pace to achieve grade level proficiency on the state assessment in reading for their grade level. The Department will establish specific goals and benchmarks for the Read to Achieve Assessment.  

2.02 	(9)	Evaluation of Program.  The Colorado Department of Education will contract with an independent evaluator to conduct an annual evaluation of the program.  Individual student achievement data will be collected so progress may be tracked by student identification numbers as students move from one school to another within the state while participating in a Read to Achieve program. Results will be disseminated on or before November 30, 2007 and each year thereafter to the State Board of Education, the Read to Achieve Board, the Governor, the education committees of the Senate and the House of Representatives, or any successor committees, and all Colorado school districts and BOCES as well as other interested parties on the effectiveness of the Read to Achieve Grant Program.