2023 Kentucky Revised Statutes Chapter 158 - Conduct of schools -- special programs 158.305 Implementation of multitiered system of supports for kindergarten through grade three -- Evidence -- Assistance -- Universal screener and diagnostic assessment -- Comprehensive reading program -- Training -- Reading improvement plan and team -- Accelerated interventions -- Teacher academies or coaching models -- Web-based resource -- Collaboration -- Screening not to be considered evaluation for special education. (Effective until July 1, 2024).
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158.305
Implementation of multitiered system of supports for kindergarten
through grade three -- Evidence -- Assistance -- Universal screener and
diagnostic assessment -- Comprehensive reading program -- Training -Reading improvement plan and team -- Accelerated interventions -- Teacher
academies or coaching models -- Web-based resource -- Collaboration -Screening not to be considered evaluation for special education.
(Effective
until July 1, 2024)
(1)
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) "Enrichment program" means accelerated intervention within the school day
or outside of the school day or school calendar led by individuals most
qualified to provide the intervention that includes evidence-based reading
instructional programming related to reading instruction in the areas of
phonemic awareness, phonics, fluency, vocabulary, and comprehension, and
other instructional strategies aligned to reading and writing standards required
by KRS 158.6453 and outlined in administrative regulation promulgated by
the Kentucky Board of Education;
(f) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21);
(g) "Phonemic awareness" has the same meaning as in KRS 158.307;
(h) "Reading diagnostic assessment" has the same meaning as in KRS 158.792;
(i) "Reading improvement plan" means an accelerated intervention plan for a
student in kindergarten through grade four (4) that is developed to increase a
student's rate of progress toward proficient performance in reading that is
identified as necessary based on the student's results on an approved reading
diagnostic assessment. This plan should be developed in collaboration and
accordance with any existing program services plan, individualized education
program, or Section 504 Plan unless the program services plan, individualized
education program, or Section 504 Plan already addresses improving reading;
(j) "Reading improvement team" means a team that develops and oversees the
progress of a reading improvement plan and includes:
1.
The parent or guardian of the student that is the subject of the reading
(2)
(3)
(4)
(5)
improvement plan;
2.
No less than one (1) regular education teacher of the student to provide
information about the general curriculum for same-aged peers;
3.
A representative of the local education agency who is knowledgeable
about the reading curriculum and the availability of the evidence-based
literacy resources of the local education agency; and
4.
Any specialized certified school employees for students receiving
language instruction educational programming or special education
services; and
(k) "Universal screener" means a process of providing a brief assessment to all
students within a grade level to assess the students' performance on the
essential components of reading.
Notwithstanding any other statute or administrative regulation to the contrary, the
Kentucky Board of Education shall promulgate administrative regulations to further
define a multitiered system of supports for district-wide use of a 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 by October 1 of each year and shall
include but not be limited to the activities required under KRS 158.649.
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,
multitiered system of supports 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) The use of screening data for designing instructional interventions;
(c) 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.
(a) By January 1, 2023, each superintendent or public charter school board of
directors shall select:
1.
At least one (1) universal screener for reading that is determined by the
department to be reliable and valid to be administered to all students in
kindergarten through grade three (3); and
2.
(6)
(7)
At least one (1) reading diagnostic assessment for reading that is
determined by the department to be reliable and valid to be administered
as part of a multitiered system of supports for students in kindergarten
through grade three (3).
(b) Notwithstanding KRS 158.6453(19) and 160.345, each superintendent or
public charter school board may adopt a common comprehensive reading
program that is determined by the department to be reliable, valid, and aligned
to reading and writing standards required by KRS 158.6453 and outlined in
administrative regulation promulgated by the Kentucky Board of Education
for kindergarten through grade three (3) for all schools or a subset of schools,
with consultation of all affected elementary school councils.
(c) All teachers of students in kindergarten through grade three (3), including
public charter school teachers, shall be trained on any reading diagnostic
assessment and universal screener selected by the superintendent or public
charter school board prior to administration of the assessment. The training
shall address:
1.
How to properly administer the reading diagnostic assessment;
2.
How to interpret the results of the reading diagnostic assessment to
identify students needing interventions;
3.
How to use the assessment results to design instruction and
interventions;
4.
The use of the assessment to monitor the progress of student
performance; and
5.
The use of accelerated, intensive, and direct instruction that addresses
students' individual differences and enables students to achieve
proficiency in reading, including but not limited to daily, one-on-one
instruction.
Beginning with the 2023-2024 school year, a universal screener determined by the
Department of Education to be reliable and valid shall be:
(a) Given in the first forty-five (45) days of the school year for all kindergarten
students at a public school or public charter school; and
(b) Given in the first thirty (30) days of the school year for grades one (1) through
three (3) at a public school or public charter school.
A reading improvement plan shall be developed and implemented by a reading
improvement team for any student in kindergarten through grade three (3) identified
as needing accelerated interventions to progress toward proficient performance in
reading. The reading improvement plan shall require:
(a) Intensive intervention that includes effective instructional strategies and
appropriate instructional materials necessary to help the student make
accelerated progress toward proficient performance in reading and become
ready for the next grade, including but not limited to daily, one-on-one
instruction with students the most in need provided by certified teachers
specifically trained to provide one-on-one instruction;
(b) A school to provide a written quarterly progress report containing the
information required by paragraph (a) of this subsection to a parent or
guardian of any student subject to a reading improvement plan. The written
quarterly progress report for the reading improvement plan may be included
in the school's existing quarterly progress report; and
(c) Individual placement decisions for children who are eligible for special
education and related services to be determined by the appropriate admissions
and release committee in accordance with administrative regulations
promulgated by the Kentucky Board of Education.
(8) Beginning in the 2023-2024 school year, if a student's rate of progress toward
proficient performance in reading needs accelerated interventions as demonstrated
by the results of an approved reading diagnostic assessment, the local school district
shall provide:
(a) Enrichment programs through grade three (3) using evidence-based reading
instruction and other strategies;
(b) Intensive instructional services, progress monitoring measures, and supports
to students through grade three (3); and
(c) Parents and legal guardians of students identified for accelerated interventions
in reading in kindergarten through grade three (3) with a "Read at Home"
plan, including information on how to participate in regular parent-guided
home reading.
(9) Beginning in the 2024-2025 school year, if a student does not score in the proficient
performance level or higher in reading, as defined in KRS 158.791(2), on the state
annually required grade three (3) assessment, the local school district shall provide:
(a) 1.
Enrichment programs in grade four (4) using evidence-based reading
instruction and other strategies; or
2.
Intensive instructional services, progress monitoring measures, and
supports to students in grade four (4); and
(b) Written notification of the interventions and supports described in paragraph
(a) of this subsection to the parent or legal guardian of the student, including a
description of proposed interventions and supports to be provided.
(10) By September 1, 2023, if funds are appropriated, the department shall establish
required teacher academies or coaching models for teachers of students in
prekindergarten through grade three (3). The teacher academies or coaching models
shall be related to evidence-based practices in instruction, instructional materials,
and assessment in reading.
(11) 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
(12)
(13)
(14)
(15)
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 multitiered system of supports.
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.
Effective: March 29, 2022
History: Amended 2022 Ky. Acts ch. 40, sec. 2, effective March 29, 2022. -- 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 (3/29/2022). 2022 Ky. Acts ch. 40, sec. 10,
provides that the Act, which amended this statute, may be cited as the Read to
Succeed Act.
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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