Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0023.01 Jane Ritter HOUSE BILL 06-1004 HOUSE SPONSORSHIP Green, SENATE SPONSORSHIP Windels, House Committees Senate Committees Education A BILL FOR AN ACT Concerning the creation of a grant program to provide funding for organizations that supply accessible educational materials for students with print disabilities, and making an appropriation therefor. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Creates the educational materials for the blind and dyslexic grant program ("grant program") to provide grants to nonprofit organizations that provide school districts with accessible educational materials for students who, because of a learning disability, visual impairment, or other physical disability, have difficulty reading the printed word. Directs the state board of education ("state board") to promulgate rules to implement the grant program. Defines the information an applicant must provide when seeking a grant under the grant program. Defines the criteria the department of education ("department") and state board shall use in making recommendations and awarding a grant to an applicant. Creates the educational materials for the blind and dyslexic grant program fund to provide for the payment of grants awarded. Requires each nonprofit organization that receives a grant under the grant program to submit annually to the department a summary report on the use of the grant moneys received. Directs the department to provide a summary report of all grants made annually to the governor and education committees of the senate and house of representatives. Makes an appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 88 Audio Textbooks 22-88-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Department" means the department of education created in section 24-1-115, C.R.S. (2) "Fund" means the educational materials for the blind and dyslexic grant program fund created in section 22-88-104. (3) "Grant program" means the educational materials for the blind and dyslexic grant program created in section 22-88-102. (4) "Nonprofit organization" means a nonprofit or not-for-profit organization recognized by the federal internal revenue service. (5) "Print disability" means a documented disability affecting a person's ability to read standard print, including but not limited to a learning disability, visual impairment, or other physical disability. (6) "State board" means the state board of education created in section 1 of article IX of the state constitution. (7) "Student" means a public school student enrolled in kindergarten through twelfth grade. 22-88-102. Educational materials for the blind and dyslexic grant program - creation - rules. (1) There is hereby created the educational materials for the blind and dyslexic grant program to provide grants to nonprofit organizations that provide school districts with accessible educational materials for students with print disabilities. The grant program shall be designed to assist nonprofit organizations in the development and distribution of comprehensive materials and equipment that help a student with a print disability to effectively access the written word, especially in the areas of reading, writing, mathematics, and science. The materials and equipment shall include, but need not be limited to, digital audio books, four-sided tapes, specialized equipment, reading software, and other technology to assist a student with a print disability. (2) The department shall administer the grant program, and the state board shall award grants as provided in this article, subject to available appropriations. Grants shall be paid out of the educational materials for the blind and dyslexic grant program fund, created pursuant to section 22-88-104. (3) The state board shall promulgate rules in accordance with article 4 of title 24, C.R.S., to implement the grant program in accordance with this article, including but not limited to rules specifying time frames for submitting grant program applications, the form of the grant program application, criteria for awarding a grant, time frames for distribution of the grant moneys, and reporting requirements for a nonprofit organization that receives a grant. (4) The department shall solicit and may receive such public and private gifts, grants, and donations as may be available to fund the grant program. Any moneys received shall be transferred to the state treasurer for deposit in the fund. 22-88-103. Recording for educational materials for the blind and dyslexic grant program - application - criteria. (1) A nonprofit organization that seeks a grant pursuant to this article shall submit an application to the department in accordance with rules promulgated by the state board pursuant to section 22-88-102 (3). The application shall describe the nonprofit organization's proposed plan to provide accessible educational materials to students with print disabilities and shall include the following information: (a) The number of school districts to which the nonprofit organization provides accessible educational materials at the time of application, the approximate number of students with print disabilities in those school districts, and the estimated number of school districts and students the nonprofit organization expects to serve if awarded a grant; (b) The grade levels of the students who would receive accessible educational materials from the nonprofit organization if awarded a grant; (c) A description of the accessible educational materials the nonprofit organization will provide if awarded a grant; (d) A description of the method used by the school districts to which the nonprofit organization provides accessible educational materials to measure a student's academic performance, including the method used to determine whether a student with a print disability is performing at, below, or above grade level and the method, if any, used to determine such a student's academic progress over time; (e) An itemization of the costs of the nonprofit organization's proposed plan to provide accessible educational materials and of other sources of funding received by the nonprofit organization and used to provide such accessible educational materials; (f) A detailed description of how the nonprofit organization will implement its plan to provide accessible educational materials, including but not limited to a time frame for distribution of accessible educational materials to school districts; (g) A description of the goals and objectives that the nonprofit organization expects to achieve as a result of receiving the grant and the method by which the nonprofit organization will measure achievement of the goals and objectives; and (h) Any additional information required by rule of the state board. (2) The department shall review the applications received from nonprofit organizations pursuant to this section and shall make recommendations to the state board concerning the awarding of grants and the amounts of the grants. The state board shall take into consideration the recommendations of the department and, subject to available appropriations, shall award annually grants to nonprofit organizations in amounts specified by the state board. In recommending and awarding grants pursuant to this article, the department and the state board shall, at a minimum: (a) Consider the geographic location of the nonprofit organization and, to the extent possible, ensure that grant moneys are awarded to nonprofit organizations with a presence throughout the state; and (b) Award grants to nonprofit organizations that are implementing programs to develop and distribute accessible educational materials that will assist students with print disabilities to improve their proficiency in the areas of reading, writing, mathematics, and science. 22-88-104. Educational materials for the blind and dyslexic grant program fund - creation. There is hereby created in the state treasury the educational materials for the blind and dyslexic grant program fund to provide for the payment of grants awarded pursuant to this article. The fund shall consist of such moneys as may be appropriated thereto from the state general fund and any moneys received by the department pursuant to section 22-88-102 (4). The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the purposes specified in this article. The department may expend up to two percent of the moneys appropriated annually from the fund to offset the documented costs incurred in implementing the grant program. Any moneys in the fund not expended for the purpose of this article may be invested by the state treasurer as provided by law. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. 22-88-105. Reporting requirements. (1) On or before October 1, 2007, and on or before October 1 each year thereafter, a nonprofit organization that receives a grant pursuant to this article shall submit a report to the department after the completion of each academic year in which the nonprofit organization receives a grant pursuant to this article. The report shall include the following information: (a) The number of school districts that received accessible educational materials for students with print disabilities from the nonprofit organization as a result of the grant and the number of students that received such materials from a school district; (b) A description of the type and quantity of accessible educational materials developed and distributed to the school districts by the nonprofit organization; (c) The levels of performance in reading, writing, mathematics, and science demonstrated by the students that received accessible educational materials through the grant program, both before participation in the grant program and during the school year following participation in the grant program; and (d) Such other information as the state board may require by rule to assess the effectiveness of the nonprofit organization's plan to provide accessible educational materials and of the grant program. (2) On or before January 1, 2008, and on or before January 1 each year thereafter, the department shall submit to the governor and the education committees of the senate and the house of representatives, or their successor committees, a report on the educational materials for the blind and dyslexic grant program. The report shall include the following information: (a) A list of grant recipients and the year in which each grant was awarded; (b) A compilation and summary of the number of school districts and the number of students with print disabilities who received accessible educational materials from a grant recipient pursuant to this article; and (c) Such additional information concerning the implementation and effectiveness of the grant program as may be deemed beneficial by the state board, including but not limited to any recommendations for changes in the grant program. SECTION 2. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the educational materials for the blind and dyslexic grant program fund created pursuant to section 22-88-104, Colorado Revised Statutes, for the fiscal year beginning July 1, 2006, the sum of three hundred thousand dollars ($300,000) for the implementation of this act. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the educational materials for the blind and dyslexic grant program created pursuant to section 22-88-102, Colorado Revised Statutes, not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 2006, the sum of three hundred thousand dollars ($300,000), or so much thereof as may be necessary, for the implementation of this act. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.