KRS § 158.305 — KY Code / Title XIII / Chapter 158 / Section 158.305
158.305 Definitions for section -- 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
Status: in_force

158.305 Definitions for section -- 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.

(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

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.

(2) 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.

(3) The department 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.

(4) 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.

(5) (a) 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. 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 shall 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.

(6) A universal screener determined by the department 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;

(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; and

(c) Given within the final fourteen (14) instructional days of the school year to all

students in kindergarten and first grade at a public school or public charter

school.

(7) 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) 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) (a) Beginning in the 2025-2026 school year:

1. A kindergarten student who had a reading improvement plan for the

school year may remain in kindergarten for an additional school year if a

school determines that the student:

a. Did not meet grade level benchmarks in reading while in

kindergarten as determined by the universal screener given in

accordance with subsection (6) of this section;

b. Did not master the Kentucky reading academic standards for

kindergarten students based on assessments given in accordance

with KRS 158.6453(8); or

c. Is not properly prepared to be successful in the first grade; and

2. A first-grade student who had a reading improvement plan for the

school year shall remain in first grade for an additional school year if a

school determines that the student:

a. Did not meet grade level benchmarks in reading while in first

grade as determined by the universal screener given in accordance

with subsection (6) of this section;

b. Did not master the Kentucky reading academic standards for first

grade students based on assessments given in accordance with

KRS 158.6453(8); or

c. Is not properly prepared to be successful in the second grade.

(b) Notwithstanding paragraph (a) of this subsection, placement decisions for

students eligible for special education and related services shall be determined

by the admissions and release committee in accordance with administrative

regulations promulgated by the Kentucky Board of Education.

(c) Notwithstanding paragraph (a) of this subsection, a student who remained in

kindergarten under this subsection shall not subsequently be required to

remain in first grade, and a student shall not be required to remain in first

grade for more than one (1) additional year.

(d) The school shall reevaluate and make necessary changes to the reading

improvement plan of any student remaining in kindergarten or first grade and

shall continue to provide all programs and services required under subsection

(8) of this section during the additional year of kindergarten or first grade.

(e) A student provided an additional year of kindergarten or first grade under this

subsection may advance through the primary school program when it is

determined by the school to be in the best educational interest of the student

pursuant to KRS 158.031.

(10) 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.

(11) 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.

(12) 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.

(13) The department shall encourage districts to utilize both state and federal funds as

appropriate to implement a district-wide multitiered system of supports.

(14) The department is encouraged to coordinate technical assistance and training on

current best practice interventions with state postsecondary education institutions.

(15) The department shall collaborate with the statewide reading research center

established under KRS 164.0207, 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.

(16) 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.