{"data":{"id":"us-ky/krs-158.305","jurisdiction":"us-ky","citation":"KRS 158.305","heading":"Definitions for section -- Implementation of multitiered system of supports","body":"for kindergarten through grade three -- Evidence -- Assistance -- Universal\nscreener and diagnostic assessment -- Comprehensive reading program --\nTraining -- Reading improvement plan and team -- Accelerated interventions -\n- Teacher academies or coaching models -- Web-based resource --\nCollaboration -- Screening not to be considered evaluation for special\neducation.\n(1) As used in this section:\n(a) \"Aphasia\" means a condition characterized by either partial or total loss of the\nability to communicate verbally or through written words. A person with\naphasia may have difficulty speaking, reading, writing, recognizing the names\nof objects, or understanding what oth er people have said. The condition may\nbe temporary or permanent and does not include speech problems caused by\nloss of muscle control;\n(b) \"Dyscalculia\" means the inability to understand the meaning of numbers, the\nbasic operations of addition and subtrac tion, the complex operations of\nmultiplication and division, or to apply math principles to solve practical or\nabstract problems;\n(c) \"Dysgraphia\" means difficulty in automatically remembering and mastering\nthe sequence of muscle motor movements needed to accurately write letters or\nnumbers;\n(d) \"Dyslexia\" has the same meaning as in KRS 158.307;\n(e) \"Enrichment program\" means accelerated intervention within the school day\nor outside of the school day or school calendar led by individuals most\nqualified to p rovide the intervention that includes evidence -based reading\ninstructional programming related to reading instruction in the areas of\nphonemic awareness, phonics, fluency, vocabulary, and comprehension, and\nother instructional strategies aligned to reading and writing standards required\nby KRS 158.6453 and outlined in administrative regulation promulgated by\nthe Kentucky Board of Education;\n(f) \"Evidence-based\" has the same meaning as in 20 U.S.C. sec. 7801(21);\n(g) \"Phonemic awareness\" has the same meaning as in KRS 158.307;\n(h) \"Reading diagnostic assessment\" has the same meaning as in KRS 158.792;\n(i) \"Reading improvement plan\" means an accelerated intervention plan for a\nstudent in kindergarten through grade four (4) that is developed to increase a\nstudent's rate of progress toward proficient performance in reading that is\nidentified as necessary based on the student's results on an approved reading\ndiagnostic assessment. This plan should be developed in collaboration and\naccordance with any existing prog ram services plan, individualized education\nprogram, or Section 504 Plan unless the program services plan, individualized\neducation program, or Section 504 Plan already addresses improving reading;\n(j) \"Reading improvement team\" means a team that develops and oversees the\nprogress of a reading improvement plan and includes:\n1. The parent or guardian of the student that is the subject of the reading\nimprovement plan;\n2. No less than one (1) regular educat ion teacher of the student to provide\ninformation about the general curriculum for same-aged peers;\n3. A representative of the local education agency who is knowledgeable\nabout the reading curriculum and the availability of the evidence -based\nliteracy resources of the local education agency; and\n4. Any specialized certified school employees for students receiving\nlanguage instruction educational programming or special education\nservices; and\n(k) \"Universal screener\" means a process of providing a brief asse ssment to all\nstudents within a grade level to assess the students' performance on the\nessential components of reading.\n(2) Notwithstanding any other statute or administrative regulation to the contrary, the\nKentucky Board of Education shall promulgate administrative regulations to further\ndefine a multitiered system of supports for district-wide use of a system for students\nin kindergarten through grade three (3), that includes a tiered continuum of\ninterventions with varying levels of intensity and durati on and which connects\ngeneral, compensatory, and special education programs to provide interventions\nimplemented with fidelity to evidence -based research and matched to individual\nstudent strengths and needs. At a minimum, evidence of implementation shall be\nsubmitted by the district to the department by October 1 of each year and shall\ninclude but not be limited to the activities required under KRS 158.649.\n(3) The department shall provide technical assistance and training, if requested by a\nlocal district, to assist in the implementation of the district -wide, multitiered system\nof supports as a means to identify and assist any student experiencing difficulty in\nreading, writing, mathematics, or behavior and to determine appropriate\ninstructional modificati ons needed by advanced learners to make continuous\nprogress.\n(4) The technical assistance and training shall be designed to improve:\n(a) The use of specific screening processes and programs to identify student\nstrengths and needs;\n(b) The use of screening data for designing instructional interventions;\n(c) The use of multisensory instructional strategies and other interventions\nvalidated for effectiveness by evidence-based research;\n(d) Progress monitoring of student performance; and\n(e) Accelerated, intens ive, direct instruction that addresses students' individual\ndifferences, including advanced learners, and enables students that are\nexperiencing difficulty to catch up with typically performing peers.\n(5) (a) Each superintendent or public charter school board of directors shall select:\n1. At least one (1) universal screener for reading that is determined by the\ndepartment to be reliable and valid to be administered to all students in\nkindergarten through grade three (3); and\n2. At least one (1) reading diag nostic assessment for reading that is\ndetermined by the department to be reliable and valid to be administered\nas part of a multitiered system of supports for students in kindergarten\nthrough grade three (3).\n(b) Notwithstanding KRS 158.6453(19) and 160.34 5, each superintendent or\npublic charter school board shall adopt a common comprehensive reading\nprogram that is determined by the department to be reliable, valid, and aligned\nto reading and writing standards required by KRS 158.6453 and outlined in\nadministrative regulation promulgated by the Kentucky Board of Education\nfor kindergarten through grade three (3) for all schools or a subset of schools,\nwith consultation of all affected elementary school councils.\n(c) All teachers of students in kindergarten through grade three (3), including\npublic charter school teachers, shall be trained on any reading diagnostic\nassessment and universal screener selected by the superintendent or public\ncharter school board prior to administration of the assessment. The tra ining\nshall address:\n1. How to properly administer the reading diagnostic assessment;\n2. How to interpret the results of the reading diagnostic assessment to\nidentify students needing interventions;\n3. How to use the assessment results to design instructio n and\ninterventions;\n4. The use of the assessment to monitor the progress of student\nperformance; and\n5. The use of accelerated, intensive, and direct instruction that addresses\nstudents' individual differences and enables students to achieve\nproficiency i n reading, including but not limited to daily, one -on-one\ninstruction.\n(6) A universal screener determined by the department to be reliable and valid shall be:\n(a) Given in the first forty -five (45) days of the school year for all kindergarten\nstudents at a public school or public charter school;\n(b) Given in the first thirty (30) days of the school year for grades one (1) through\nthree (3) at a public school or public charter school; and\n(c) Given within the final fourteen (14) instructional days of the school year to all\nstudents in kindergarten and first grade at a public school or public charter\nschool.\n(7) A reading improvement plan shall be developed and impleme nted by a reading\nimprovement team for any student in kindergarten through grade three (3) identified\nas needing accelerated interventions to progress toward proficient performance in\nreading. The reading improvement plan shall require:\n(a) Intensive inter vention that includes effective instructional strategies and\nappropriate instructional materials necessary to help the student make\naccelerated progress toward proficient performance in reading and become\nready for the next grade, including but not limited  to daily, one -on-one\ninstruction with students the most in need provided by certified teachers\nspecifically trained to provide one-on-one instruction;\n(b) A school to provide a written quarterly progress report containing the\ninformation required by parag raph (a) of this subsection to a parent or\nguardian of any student subject to a reading improvement plan. The written\nquarterly progress report for the reading improvement plan may be included\nin the school's existing quarterly progress report; and\n(c) Individual placement decisions for children who are eligible for special\neducation and related services to be determined by the appropriate admissions\nand release committee in accordance with administrative regulations\npromulgated by the Kentucky Board of Education.\n(8) If a student's rate of progress toward proficient performance in reading needs\naccelerated interventions as demonstrated by the results of an approved reading\ndiagnostic assessment, the local school district shall provide:\n(a) Enrichment progra ms through grade three (3) using evidence -based reading\ninstruction and other strategies;\n(b) Intensive instructional services, progress monitoring measures, and supports\nto students through grade three (3); and\n(c) Parents and legal guardians of students identified for accelerated interventions\nin reading in kindergarten through grade three (3) with a \"Read at Home\"\nplan, including information on how to participate in regular parent -guided\nhome reading.\n(9) (a) Beginning in the 2025-2026 school year:\n1. A kindergarten student who had a reading improvement plan for the\nschool year may remain in kindergarten for an additional school year if a\nschool determines that the student:\na. Did not meet grade level benchmarks in reading while in\nkindergarten as determi ned by the universal screener given in\naccordance with subsection (6) of this section;\nb. Did not master the Kentucky reading academic standards for\nkindergarten students based on assessments given in accordance\nwith KRS 158.6453(8); or\nc. Is not properly prepared to be successful in the first grade; and\n2. A first -grade student who had a reading improvement plan for the\nschool year shall remain in first grade for an additional school year if a\nschool determines that the student:\na. Did not meet grade level  benchmarks in reading while in first\ngrade as determined by the universal screener given in accordance\nwith subsection (6) of this section;\nb. Did not master the Kentucky reading academic standards for first\ngrade students based on assessments given in ac cordance with\nKRS 158.6453(8); or\nc. Is not properly prepared to be successful in the second grade.\n(b) Notwithstanding paragraph (a) of this subsection, placement decisions for\nstudents eligible for special education and related services shall be determined\nby the admissions and release committee in accordance with administrative\nregulations promulgated by the Kentucky Board of Education.\n(c) Notwithstanding paragraph (a) of this subsection, a student who remained in\nkindergarten under this subsection shal l not subsequently be required to\nremain in first grade, and a student shall not be required to remain in first\ngrade for more than one (1) additional year.\n(d) The school shall reevaluate and make necessary changes to the reading\nimprovement plan of any s tudent remaining in kindergarten or first grade and\nshall continue to provide all programs and services required under subsection\n(8) of this section during the additional year of kindergarten or first grade.\n(e) A student provided an additional year of ki ndergarten or first grade under this\nsubsection may advance through the primary school program when it is\ndetermined by the school to be in the best educational interest of the student\npursuant to KRS 158.031.\n(10) If a student does not score in the profic ient performance level or higher in reading,\nas defined in KRS 158.791(2), on the state annually required grade three (3)\nassessment, the local school district shall provide:\n(a) 1. Enrichment programs in grade four (4) using evidence -based reading\ninstruction and other strategies; or\n2. Intensive instructional services, progress monitoring measures, and\nsupports to students in grade four (4); and\n(b) Written notification of the inter ventions and supports described in paragraph\n(a) of this subsection to the parent or legal guardian of the student, including a\ndescription of proposed interventions and supports to be provided.\n(11) By September 1, 2023, if funds are appropriated, the dep artment shall establish\nrequired teacher academies or coaching models for teachers of students in\nprekindergarten through grade three (3). The teacher academies or coaching models\nshall be related to evidence -based practices in instruction, instructional m aterials,\nand assessment in reading.\n(12) The department shall develop and maintain a web -based resource providing\nteachers access to:\n(a) Information on the use of specific screening processes and programs to\nidentify student strengths and needs, including those for advanced learners;\n(b) Current, evidence-based research and age -appropriate instructional tools that\nmay be used for substantial, steady improvement in:\n1. Reading when a student is experiencing difficulty with phonemic\nawareness, phonics, voca bulary, fluency, general reading\ncomprehension, or reading in specific content areas, or is exhibiting\ncharacteristics of dyslexia, aphasia, or other reading difficulties;\n2. Writing when a student is experiencing difficulty with consistently\nproducing let ters or numbers with accuracy or is exhibiting\ncharacteristics of dysgraphia;\n3. Mathematics when a student is experiencing difficulty with basic math\nfacts, calculations, or application through problem solving, or is\nexhibiting characteristics of dyscalcu lia or other mathematical\ndifficulties; or\n4. Behavior when a student is exhibiting behaviors that interfere with his\nor her learning or the learning of other students; and\n(c) Current, evidence-based research and age -appropriate instructional tools that\nmay be used for continuous progress of advanced learners.\n(13) The department shall encourage districts to utilize both state and federal funds as\nappropriate to implement a district-wide multitiered system of supports.\n(14) The department is encouraged to coordinate technical assistance and training on\ncurrent best practice interventions with state postsecondary education institutions.\n(15) The department shall collaborate with the statewide reading research center\nestablished under KRS 164.0207, the Kentuc ky Center for Mathematics, the\nKentucky Center for Instructional Discipline, the Education Professional Standards\nBoard, the Council on Postsecondary Education, postsecondary teacher education\nprograms, and other agencies and organizations as deemed approp riate to ensure\nthat teachers are prepared to utilize evidence -based interventions in reading,\nwriting, mathematics, and behavior.\n(16) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to\ndetermine appropriate instructional strategie s for curriculum implementation shall\nnot be considered to be an evaluation for eligibility for special education and related\nservices and nothing in this section shall limit a school district from completing an\ninitial evaluation of a student suspected of having a disability.","path":["KRS Chapter 158"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56358","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:04Z","sha256":"9a1b2f40125666af0124d7d923f9222023a734e78b4991daaba84f03a936820c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-158.303","next":"us-ky/krs-158.306"},"notice":"GroundRules: Original legal text. Not legal advice."}