2019 Kentucky Revised Statutes Chapter 158 - Conduct of schools -- special programs 158.305 Response-to-intervention system to identify and assist students having difficulty in reading, writing, mathematics, or behavior and to determine needs of advanced learners -- Web-based resource for teachers -- 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 and to determine needs
of advanced learners -- Web-based resource for teachers -- District-wide use -Department to provide technical assistance and training -- Annual report.
(1)
(2)
(3)
(4)
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" has the same meaning as in KRS 158.307;
(e) "Phonemic awareness" has the same meaning as in KRS 158.307; and
(f) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21).
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 evidence-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 provide technical assistance and training, if
requested by a local district, to assist 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 and to
determine appropriate instructional modifications needed by advanced learners to
make continuous progress.
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)
(c)
(5)
(6)
(7)
(8)
(9)
The use of screening data for designing instructional interventions;
The use of multisensory instructional strategies and other interventions
validated for effectiveness by evidence-based research;
(d) Progress monitoring of student performance; and
(e) Accelerated, intensive, direct instruction that addresses students' individual
differences, including advanced learners, and enables students that are
experiencing difficulty 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, including those for advanced learners;
(b) Current, evidence-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; and
(c) Current, evidence-based research and age-appropriate instructional tools that
may be used for continuous progress of advanced learners.
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 evidence-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 survey data on the
types of evidence-based research interventions being implemented by districts in
reading, writing, mathematics, and behavior in kindergarten through grade three (3).
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 88, sec. 2, effective July 14, 2018. -- Amended
2017 Ky. Acts ch. 156, sec. 2, effective April 10, 2017. -- Created 2012 Ky. Acts ch.
45, sec. 1, effective July 12, 2012.
Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 88, sec. 4
provides that 2018 Ky. Acts ch. 88 shall be known and may be cited as the "Ready to
Read Act." This statute was amended in Section 2 of that Act.
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