Colorado Code § 22-2-146

Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration
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(1) The general assembly finds that:
(a) Due to the public health risks of the COVID-19 pandemic, the public schools in
Colorado have had to cease in-person instruction for repeated and extended periods of time
during the 2019-20 and 2020-21 school years;
(b) Research suggests that these periods of remote learning, as well as trauma
experienced by students as a result of the pandemic, have had detrimental effects on students'
ability to learn and grow academically and on their ability even to retain the level of learning that
they had previously achieved;
(c) These negative effects have had an even greater impact on students of color, low-
income students, and students with disabilities, who are expected to experience a significantly
greater loss of learning, thereby exacerbating the academic achievement gaps that existed before
the pandemic;
(d) The school districts and public schools of the state will face significant challenges in
trying to compensate for these learning losses and in helping all students to overcome the
learning losses they have experienced and advance to grade-level or higher academic
achievement;
(e) There are indications that tutoring services, programs that extend the school day or
the school year, and summer school programs may be successful in helping students, especially
low-income students, students of color, and students with disabilities, to overcome learning loss
and close the achievement gap;
(f) There are other innovative strategies that some public schools and school districts
have been implementing to address learning loss, including home visitation programs through
which teachers visit their students' homes to assist the students and the parents in efforts to
overcome learning loss; and
(g) The department of education can play a crucial role in supporting school districts and
public schools by identifying best practices for addressing these learning losses and effective
strategies for boosting student learning and closing achievement gaps and by providing a
resource bank of model materials and strategies specifically designed to address learning
recovery for all students.
(1.5) (a) The general assembly further finds that on March 11, 2021, President Biden
signed H.R.1319, the "American Rescue Plan Act of 2021", into law. In part, the act provides
approximately $122.7 billion in supplemental money to the elementary and secondary
emergency education relief fund for distribution to states. Approximately $1.166 billion of that
amount is expected to be distributed to Colorado, of which at least $1.05 billion must be
distributed to local education providers and $116.6 million will be retained by the state
department of education. The act requires the department to use approximately $58 million to
address learning recovery, approximately $11.6 million for after-school activities, and
approximately $11.6 million for summer learning programs.
(b) The department is strongly encouraged to use as much as possible of the amount of
federal money that the department receives under the "American Rescue Plan Act of 2021" to
fund programs to address learning recovery, which may include intensive tutoring programs,
extended-day learning programs, supplemental online courses, summer learning programs, and
other programs that are identified by local education providers or have demonstrated success in
effectively addressing learning recovery. The department is specifically encouraged to use a
portion of the federal money to assist local education providers in accessing supplemental online
learning recovery courses for students enrolled in kindergarten through twelfth grade, as
described in section 22-5-119 (11).
(2) (a) By the fall semester of the 2021-22 school year and continuing thereafter, the
department shall identify educational products, strategies, and services that have demonstrated
effectiveness in identifying and reversing student learning loss, including those products,
strategies, and services that are specifically designed to address learning loss experienced by
students of color, low-income students, and students with disabilities. The department shall
create and maintain a resource bank of examples of these products, explanations of and
instructions for implementing these strategies and services, and models of professional
development programs related to using the products and implementing the strategies and
services. The department shall ensure that the resource bank includes products, strategies, and
services and models of professional development programs that take into account the
circumstances of, and are appropriate for implementation by, rural and small rural school
districts and charter schools located within rural and small rural school districts.
(b) The department shall include in the resource bank information concerning public and
private nonprofit entities that may partner with school districts, boards of cooperative services,
and charter schools to provide personnel or other resources to assist in implementing strategies
to overcome learning loss.
(c) School districts, boards of cooperative services, and charter schools may submit to
the department descriptions and explanations of strategies, services, and programs that they have
implemented, with evidence demonstrating the positive effects achieved through implementing
the strategies, services, and programs. The department shall include the submitted examples in
the resource bank.
(d) The resource bank must be available for review by school districts, boards of
cooperative services, and charter schools. To the greatest extent possible within existing
resources, the department shall provide technical assistance, upon request, to assist school
districts and charter schools in identifying and implementing strategies to address student
learning loss.
(3) The department shall create a report specifying the purposes for which the
department used the federal money received pursuant to the federal "Coronavirus Aid, Relief and
Economic Security Act", Pub.L.116-136; the "Coronavirus Response and Relief Supplemental
Appropriations Act, 2021", Pub.L.116-260; and the "American Rescue Plan Act of 2021",
Pub.L.117-2. At a minimum, the report must identify the total amount that the department
received and was authorized to spend at the state level under each act, the purposes for which the
department spent the amounts received, the specific amount allotted to each purpose, and any
data the department may have concerning the results achieved in using the money for each
purpose. On or before December 1, 2021, and on or before December 1 each year thereafter
through December 1, 2024, the department shall submit the report to the education committees
of the house of representatives and senate, or any successor committees, and post the report on
the department's website. The department shall also present the report as part of the department's
hearing held each January pursuant to section 2-7-203, starting in 2022 and continuing through
2025.

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