KRS § 158.8402 — KY Code / Title XIII / Chapter 158 / Section 158.8402
158.8402 Administrative regulations -- Multitiered system of supports for mathematics -- Implementation status report -- Technical assistance and training to local districts -- Requirements for superintendent of public charter school board of directors -- Mathematics diagnostic assessment -- Improvement plan and accelerated interventions -- Resources
Status: in_force

158.8402 Administrative regulations -- Multitiered system of supports for

mathematics -- Implementation status report -- Technical assistance and

training to local districts -- Requirements for superintendent of public charter

school board of directors -- Mathematics diagnostic assessment --

Improvement plan and accelerated interventions -- Resources.

(1) Notwithstanding any other statute or administrative regulation to the contrary, the

Kentucky Board of Education shall promulgate administrative regulations in

accordance with KRS Chapter 13A to define and establish a multitiered system of

supports that shall include evidence-based mathematics instruction, intervention,

and instructional strategies for district-wide use for students in kindergarten through

grade three (3).

(2) By November 1, 2027, and each year thereafter, the department shall submit the

implementation status of the multitiered system of supports required pursuant to

subsection (1) of this section for all school districts to the Legislative Research

Commission for referral to the Interim Joint Committee on Education.

(3) The department shall provide technical assistance and training to local districts 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 mathematics.

(4) The technical assistance and training shall be designed to improve:

(a) The use of specific screening processes and diagnostic assessments to identify

student strengths and needs;

(b) The use of universal screening and diagnostic data for implementing

instruction and intervention, as needed;

(c) The use of valid and reliable evidence-based instructional strategies and

interventions for mathematics education;

(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) By January 1, 2026, each superintendent or public charter school board of

directors shall select:

1. At least one (1) universal screener for mathematics that is determined by

the department to be valid and reliable to be administered to all students

in kindergarten through grade three (3); and

2. At least one (1) diagnostic assessment for mathematics 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) Each superintendent or public charter school board of directors shall adopt an

evidence-based curriculum along with high-quality instructional resources for

mathematics that is determined by the department to be reliable, valid, and

aligned to Kentucky academic standards for mathematics required by KRS

158.6453 for kindergarten through grade three (3).

(c) All teachers of students in kindergarten through grade three (3), including

public charter school teachers, shall be trained on any mathematics universal

screener and diagnostic assessment 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 mathematics universal screener and

diagnostic assessment;

2. How to interpret the results of the mathematics universal screener and

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 mathematics, including but not limited to daily, one-on-

one instruction.

(6) Beginning with the 2026-2027 school year, a universal screener determined by the

department to be valid and reliable shall be given in the first thirty (30) calendar

days of the school year to each student in kindergarten through grade three (3) at a

public school or public charter school.

(7) Those students determined to be at risk for not meeting grade-level benchmarks in

mathematics for kindergarten through grade three (3) based on the universal

screener shall be given a mathematics diagnostic assessment determined by the

department to be valid and reliable to identify the individual student deficits in

numeracy and other mathematical content and practices as listed in subsection (1)

of this section in the first forty-five (45) calendar days of the school year.

(8) A mathematics improvement plan shall be developed and implemented in the first

sixty (60) calendar days of the school year by a mathematics improvement team for

any student in kindergarten through grade three (3) identified as needing

accelerated interventions to progress toward proficient performance in mathematics.

The mathematics improvement plan shall require:

(a) Intensive intervention that includes effective instructional strategies and high-

quality instructional resources necessary to help the student make accelerated

progress toward proficient performance in mathematics 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

and most qualified to provide one-on-one instruction in numeracy; and

(b) Written quarterly progress reports provided by the school to a parent or

guardian of any student subject to a mathematics improvement plan. The

written quarterly progress report for the mathematics improvement plan may

be included in the school's existing quarterly student progress report.

(9) Beginning in the 2026-2027 school year, if a student's rate of progress toward

proficient performance in mathematics needs accelerated interventions as

demonstrated by the results of an approved universal screener and mathematics

diagnostic assessment, the local school district shall provide:

(a) Enrichment programs using evidence-based mathematics instruction and other

strategies;

(b) Intensive instructional services, progress monitoring measures, and supports;

and

(c) Parents and legal guardians of students identified for accelerated interventions

in mathematics with information on how to encourage mathematics success at

home.

(10) By September 1, 2025, if funds are available, the department shall establish teacher

academies or coaching models for teachers of students in kindergarten through

grade eight (8). The teacher academies or coaching models shall be related to

evidence-based practices in instruction, instructional materials, and assessment in

mathematics.

(11) The department shall develop and maintain a web-based resource providing

teachers access to:

(a) Screening and diagnostic tools, universal screeners, screening processes, and

diagnostic assessments;

(b) Evidence-based curriculum;

(c) High quality instructional resources; and

(d) General supports and lesson plans.

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

appropriate, to implement a district-wide multitiered system of supports, including

high-quality mathematics instruction and instructional resources, evidence-based

intervention strategies and materials, aligned curriculum-based professional

learning, and ongoing, job-embedded coaching supports.

(13) 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 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.