2016 Kentucky Revised Statutes CHAPTER 158 - CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS .305 Response-to-intervention system to identify and assist students having difficulty in reading, writing, mathematics, or behavior -- District-wide use -- Department to provide technical assistance and training -- Annual report.
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158.305 Response-to-intervention system to identify and assist students having
difficulty in reading, writing, mathematics, or behavior -- District-wide use -Department to provide technical assistance and training -- Annual report.
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(2)
(3)
As used in this section:
(a) "Aphasia" means a condition characterized by either partial or total loss of the
ability to communicate verbally or through written words. A person with
aphasia may have difficulty speaking, reading, writing, recognizing the names
of objects, or understanding what other people have said. The condition may
be temporary or permanent and does not include speech problems caused by
loss of muscle control;
(b) "Dyscalculia" means the inability to understand the meaning of numbers, the
basic operations of addition and subtraction, the complex operations of
multiplication and division, or to apply math principles to solve practical or
abstract problems;
(c) "Dysgraphia" means difficulty in automatically remembering and mastering
the sequence of muscle motor movements needed to accurately write letters or
numbers;
(d) "Dyslexia" means a language processing disorder that is neurological in
origin, impedes a person's ability to read, write, and spell, and is characterized
by difficulties with accuracy or fluency in word recognition and by poor
spelling and decoding abilities;
(e) "Phonemic awareness" means the ability to recognize that a spoken word
consists of a sequence of individual sounds and the ability to manipulate
individual sounds in speaking; and
(f) "Scientifically based research" has the same meaning as in 20 U.S.C. sec.
7801(37).
Notwithstanding any other statute or administrative regulation to the contrary, the
Kentucky Board of Education shall promulgate administrative regulations for
district-wide use of a response-to-intervention system for students in kindergarten
through grade three (3), that includes a tiered continuum of interventions with
varying levels of intensity and duration and which connects general, compensatory,
and special education programs to provide interventions implemented with fidelity
to scientifically based research and matched to individual student strengths and
needs. At a minimum, evidence of implementation shall be submitted by the district
to the department for:
(a) Reading and writing by August 1, 2013;
(b) Mathematics by August 1, 2014; and
(c) Behavior by August 1, 2015.
The Department of Education shall make available technical assistance and training
to assist all local school districts in the implementation of the district-wide,
response-to-intervention system as a means to identify and assist any student
experiencing difficulty in reading, writing, mathematics, or behavior.
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The technical assistance and training shall be designed to improve:
(a) The use of specific screening processes and programs to identify student
strengths and needs;
(b) The use of screening data for designing instructional interventions;
(c) The use of multisensory instructional strategies and other interventions
validated for effectiveness by scientifically based research;
(d) Progress monitoring of student performance; and
(e) Accelerated, intensive, direct instruction that addresses students' individual
differences and enables them to catch up with typically performing peers.
The department shall develop and maintain a Web-based resource providing
teachers access to:
(a) Information on the use of specific screening processes and programs to
identify student strengths and needs; and
(b) Current, scientifically based research and age-appropriate instructional tools
that may be used for substantial, steady improvement in:
1.
Reading when a student is experiencing difficulty with phonemic
awareness,
phonics,
vocabulary,
fluency,
general
reading
comprehension, or reading in specific content areas, or is exhibiting
characteristics of dyslexia, aphasia, or other reading difficulties;
2.
Writing when a student is experiencing difficulty with consistently
producing letters or numbers with accuracy or is exhibiting
characteristics of dysgraphia;
3.
Mathematics when a student is experiencing difficulty with basic math
facts, calculations, or application through problem solving, or is
exhibiting characteristics of dyscalculia or other mathematical
difficulties; or
4.
Behavior when a student is exhibiting behaviors that interfere with his or
her learning or the learning of other students.
The department shall encourage districts to utilize both state and federal funds as
appropriate to implement a district-wide system of interventions.
The department is encouraged to coordinate technical assistance and training on
current best practice interventions with state postsecondary education institutions.
The department shall collaborate with the Kentucky Collaborative Center for
Literacy Development, the Kentucky Center for Mathematics, the Kentucky Center
for Instructional Discipline, the Education Professional Standards Board, the
Council on Postsecondary Education, postsecondary teacher education programs,
and other agencies and organizations as deemed appropriate to ensure that teachers
are prepared to utilize scientifically based interventions in reading, writing,
mathematics, and behavior.
In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to
determine appropriate instructional strategies for curriculum implementation shall
not be considered to be an evaluation for eligibility for special education and related
services and nothing in this section shall limit a school district from completing an
initial evaluation of a student suspected of having a disability.
(10) By November 30, 2013, and annually thereafter, the department shall provide a
report to the Interim Joint Committee on Education that includes:
(a) Data on the number of school districts implementing response-to-intervention
systems and scientifically based research practices in reading, writing,
mathematics, and behavior;
(b) Information on the types of scientifically based research interventions
implemented; and
(c) Data on the effectiveness of interventions in improving student performance
in Kentucky schools.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 45, sec. 1, effective July 12, 2012.
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