Early literacy fund - created - repeal.

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(1) The early literacy fund is hereby created in the state treasury and is referred to in this section as the "fund". The fund shall consist of:

(a) Any moneys remaining in the read-to-achieve cash fund as of June 30, 2012; (b) and (c) Repealed.

(d) (I) For the 2013-14 budget year, an amount equal to sixteen million dollars from the state education fund, and for the 2014-15 budget year, and each budget year thereafter, an amount equal to thirty-four million dollars from the state education fund. On July 1, 2013, and on July 1 each year thereafter, the state treasurer shall transfer the appropriate amount from the state education fund to the early literacy fund.

(II) The general assembly hereby finds and declares that, for the purposes of section 17 of article IX of the state constitution, providing students enrolled in kindergarten, first, second, or third grade with the instructional programming, intervention instruction, and support necessary to ensure that students, by the completion of third grade, can demonstrate a level of competency in reading skills that is necessary to support them in achieving the academic standards and expectations applicable to the fourth-grade curriculum is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(e) Any other moneys that the general assembly may appropriate or transfer to the fund.

  1. The state treasurer may invest any moneys in the fund not expended for the purposesspecified in subsection (4) of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any amount remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or to any other fund.

  2. Repealed.

  3. The money in the fund is subject to annual appropriation by the general assembly tothe department. The department shall annually expend the money in the fund as follows:

(a) to (c) Repealed.

(d) (I) Beginning in the 2020-21 budget year and for budget years thereafter, the department shall annually expend the money credited to the early literacy fund for the following purposes:

  1. To implement the public information campaign to promote reading described in section 22-7-1209 (7);

  2. To contract with and pay the direct costs incurred in overseeing an independentevaluator as provided in section 22-7-1209 (8);

  3. To implement the early literacy grant program created in section 22-7-1211;

  4. To allocate per-pupil intervention money to local education providers as provided insection 22-7-1210.5; and

  5. To pay the costs incurred in providing to local education providers technical assistance in implementing this part 12 and training in teaching reading for teachers employed to teach kindergarten and grades one through three; monitoring the use of money received as perpupil intervention money or grants through the early literacy grant program; and fulfilling the administrative requirements specified in this part 12.

(II) The general assembly shall annually appropriate in the general appropriations bill the amount that the department may expend for the purposes specified in subsection (4)(d)(I) of this section.

(5) and (6) Repealed.

(7) (a) Notwithstanding any provision of this section to the contrary, on July 1, 2020, the state treasurer shall transfer three million five hundred thousand dollars from the fund to the state education fund created in section 17 (4) of article IX of the state constitution. (b) This subsection (7) is repealed, effective July 1, 2021.

Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 661, § 2, effective July 1. L. 2013: (1)(c) repealed, (1)(d) amended, and (1)(e) added, (SB 13-260), ch. 236, p. 1141, § 7, effective May 17. L. 2014: (1)(d)(I) amended, (HB 14-1292), ch. 243, p. 916, § 20, effective May 21; (1)(d)(I) amended, (HB 14-1298), ch. 244, p. 937, § 25, effective May 21; (5)(b)(III) amended and (5)(b)(III.5) added, (HB 14-1204), ch. 292, p. 1195, § 4, effective May 31. L. 2016: (1)(b) and (3) repealed, (HB 16-1408), ch. 153, p. 472, § 26, effective July 1; IP(5)(b) and

(5)(b)(III.5) amended, (HB 16-1440), ch. 316, p. 1278, § 6, effective August 10. L. 2018: IP(4), (4)(b), (5)(b), and (5)(c) amended and (6) added, (HB 18-1393), ch. 275, p. 1741, § 2, effective May 29. L. 2019: (4)(b)(IV) amended, (4)(c) and (4)(d) added, and (5) and (6) repealed, (SB 19199), ch. 154, p. 1831, § 8, effective May 10; (5)(b)(I) repealed, (HB 19-1262), ch. 245, p. 2401, § 11, effective May 21. L. 2020: (7) added, (HB 20-1418), ch. 197, p. 945, § 19, effective June 30.

Editor's note: (1) Subsection (4)(a)(II) provided for the repeal of subsection (4)(a), effective July 1, 2013. (See L. 2012, p. 661.)

  1. Subsection (5)(a)(II)(B) provided for the repeal of subsection (5)(a)(II), effective

July 1, 2014. (See L. 2012, p. 661.)

  1. Amendments to subsection (5) by SB 19-199 and HB 19-1262 were harmonized.

  2. Subsection (4)(c)(III) provided for the repeal of subsections (4)(b) and (4)(c), effective July 1, 2020. (See L. 2019, p. 1831.)

Cross references: (1) For the short title ("Student Success Act") in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014.

  1. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, SessionLaws of Colorado 2020.


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