UNOFFICIAL COPY 23 RS BR 1616
Page 1 of 8
XXXX 2/17/2023 8:40 AM Jacketed
AN ACT relating to common comprehensive reading programs. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 158.305 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Aphasia" means a condition characterized by either partial or total loss of the 5
ability to communicate verbally or through written words. A person with 6
aphasia may have difficulty speaking, reading, writing, recognizing the names 7
of objects, or understanding what other people have said. The condition may 8
be temporary or permanent and does not include speech problems caused by 9
loss of muscle control; 10
(b) "Dyscalculia" means the inability to understand the meaning of numbers, the 11
basic operations of addition and subtraction, the complex operations of 12
multiplication and division, or to apply math principles to solve practical or 13
abstract problems; 14
(c) "Dysgraphia" means difficulty in automatically remembering and mastering 15
the sequence of muscle motor movements needed to accurately write letters or 16
numbers; 17
(d) "Dyslexia" has the same meaning as in KRS 158.307; 18
(e) "Enrichment program" means accelerated intervention within the school day 19
or outside of the school day or school calendar led by individuals most 20
qualified to provide the intervention that includes evidence-based reading 21
instructional programming related to reading instruction in the areas of 22
phonemic awareness, phonics, fluency, vocabulary, and comprehension, and 23
other instructional strategies aligned to reading and writing standards required 24
by KRS 158.6453 and outlined in administrative regulation promulgated by 25
the Kentucky Board of Education; 26
(f) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21); 27 UNOFFICIAL COPY 23 RS BR 1616
Page 2 of 8
XXXX 2/17/2023 8:40 AM Jacketed
(g) "Phonemic awareness" has the same meaning as in KRS 158.307; 1
(h) "Reading diagnostic assessment" has the same meaning as in KRS 158.792; 2
(i) "Reading improvement plan" means an accelerated intervention plan for a 3
student in kindergarten through grade four (4) that is developed to increase a 4
student's rate of progress toward proficient performance in reading that is 5
identified as necessary based on the student's results on an approved reading 6
diagnostic assessment. This plan should be developed in collaboration and 7
accordance with any existing program services plan, individualized education 8
program, or Section 504 Plan unless the program services plan, individualized 9
education program, or Section 504 Plan already addresses improving reading; 10
(j) "Reading improvement team" means a team that develops and oversees the 11
progress of a reading improvement plan and includes: 12
1. The parent or guardian of the student that is the subject of the reading 13
improvement plan; 14
2. No less than one (1) regular education teacher of the student to provide 15
information about the general curriculum for same-aged peers; 16
3. A representative of the local education agency who is knowledgeable 17
about the reading curriculum and the availability of the evidence-based 18
literacy resources of the local education agency; and 19
4. Any specialized certified school employees for students receiving 20
language instruction educational programming or special education 21
services; and 22
(k) "Universal screener" means a process of providing a brief assessment to all 23
students within a grade level to assess the students' performance on the 24
essential components of reading. 25
(2) Notwithstanding any other statute or administrative regulation to the contrary, the 26
Kentucky Board of Education shall promulgate administrative regulations to further 27 UNOFFICIAL COPY 23 RS BR 1616
Page 3 of 8
XXXX 2/17/2023 8:40 AM Jacketed
define a multitiered system of supports for district-wide use of a system for students 1
in kindergarten through grade three (3), that includes a tiered continuum of 2
interventions with varying levels of intensity and duration and which connects 3
general, compensatory, and special education programs to provide interventions 4
implemented with fidelity to evidence-based research and matched to individual 5
student strengths and needs. At a minimum, evidence of implementation shall be 6
submitted by the district to the department by October 1 of each year and shall 7
include but not be limited to the activities required under KRS 158.649. 8
(3) The Department of Education shall provide technical assistance and training, if 9
requested by a local district, to assist in the implementation of the district-wide, 10
multitiered system of supports as a means to identify and assist any student 11
experiencing difficulty in reading, writing, mathematics, or behavior and to 12
determine appropriate instructional modifications needed by advanced learners to 13
make continuous progress. 14
(4) The technical assistance and training shall be designed to improve: 15
(a) The use of specific screening processes and programs to identify student 16
strengths and needs; 17
(b) The use of screening data for designing instructional interventions; 18
(c) The use of multisensory instructional strategies and other interventions 19
validated for effectiveness by evidence-based research; 20
(d) Progress monitoring of student performance; and 21
(e) Accelerated, intensive, direct instruction that addresses students' individual 22
differences, including advanced learners, and enables students that are 23
experiencing difficulty to catch up with typically performing peers. 24
(5) (a) By January 1, 2023, each superintendent or public charter school board of 25
directors shall select: 26
1. At least one (1) universal screener for reading that is determined by the 27 UNOFFICIAL COPY 23 RS BR 1616
Page 4 of 8
XXXX 2/17/2023 8:40 AM Jacketed
department to be reliable and valid to be administered to all students in 1
kindergarten through grade three (3); and 2
2. At least one (1) reading diagnostic assessment for reading that is 3
determined by the department to be reliable and valid to be administered 4
as part of a multitiered system of supports for students in kindergarten 5
through grade three (3). 6
(b) Notwithstanding KRS 158.6453(19) and 160.345, each superintendent or 7
public charter school board shall[may] adopt a common comprehensive 8
reading program that is determined by the department to be reliable, valid, and 9
aligned to reading and writing standards required by KRS 158.6453 and 10
outlined in administrative regulation promulgated by the Kentucky Board of 11
Education for kindergarten through grade three (3) for all schools or a subset 12
of schools, with consultation of all affected elementary school councils. 13
(c) All teachers of students in kindergarten through grade three (3), including 14
public charter school teachers, shall be trained on any reading diagnostic 15
assessment and universal screener selected by the superintendent or public 16
charter school board prior to administration of the assessment. The training 17
shall address: 18
1. How to properly administer the reading diagnostic assessment; 19
2. How to interpret the results of the reading diagnostic assessment to 20
identify students needing interventions; 21
3. How to use the assessment results to design instruction and 22
interventions; 23
4. The use of the assessment to monitor the progress of student 24
performance; and 25
5. The use of accelerated, intensive, and direct instruction that addresses 26
students' individual differences and enables students to achieve 27 UNOFFICIAL COPY 23 RS BR 1616
Page 5 of 8
XXXX 2/17/2023 8:40 AM Jacketed
proficiency in reading, including but not limited to daily, one-on-one 1
instruction. 2
(6) Beginning with the 2023-2024 school year, a universal screener determined by the 3
Department of Education to be reliable and valid shall be: 4
(a) Given in the first forty-five (45) days of the school year for all kindergarten 5
students at a public school or public charter school; and 6
(b) Given in the first thirty (30) days of the school year for grades one (1) through 7
three (3) at a public school or public charter school. 8
(7) A reading improvement plan shall be developed and implemented by a reading 9
improvement team for any student in kindergarten through grade three (3) identified 10
as needing accelerated interventions to progress toward proficient performance in 11
reading. The reading improvement plan shall require: 12
(a) Intensive intervention that includes effective instructional strategies and 13
appropriate instructional materials necessary to help the student make 14
accelerated progress toward proficient performance in reading and become 15
ready for the next grade, including but not limited to daily, one-on-one 16
instruction with students the most in need provided by certified teachers 17
specifically trained to provide one-on-one instruction; 18
(b) A school to provide a written quarterly progress report containing the 19
information required by paragraph (a) of this subsection to a parent or 20
guardian of any student subject to a reading improvement plan. The written 21
quarterly progress report for the reading improvement plan may be included 22
in the school's existing quarterly progress report; and 23
(c) Individual placement decisions for children who are eligible for special 24
education and related services to be determined by the appropriate admissions 25
and release committee in accordance with administrative regulations 26
promulgated by the Kentucky Board of Education. 27 UNOFFICIAL COPY 23 RS BR 1616
Page 6 of 8
XXXX 2/17/2023 8:40 AM Jacketed
(8) Beginning in the 2023-2024 school year, if a student's rate of progress toward 1
proficient performance in reading needs accelerated interventions as demonstrated 2
by the results of an approved reading diagnostic assessment, the local school district 3
shall provide: 4
(a) Enrichment programs through grade three (3) using evidence-based reading 5
instruction and other strategies; 6
(b) Intensive instructional services, progress monitoring measures, and supports 7
to students through grade three (3); and 8
(c) Parents and legal guardians of students identified for accelerated interventions 9
in reading in kindergarten through grade three (3) with a "Read at Home" 10
plan, including information on how to participate in regular parent-guided 11
home reading. 12
(9) Beginning in the 2024-2025 school year, if a student does not score in the proficient 13
performance level or higher in reading, as defined in KRS 158.791(2), on the state 14
annually required grade three (3) assessment, the local school district shall provide: 15
(a) 1. Enrichment programs in grade four (4) using evidence-based reading 16
instruction and other strategies; or 17
2. Intensive instructional services, progress monitoring measures, and 18
supports to students in grade four (4); and 19
(b) Written notification of the interventions and supports described in paragraph 20
(a) of this subsection to the parent or legal guardian of the student, including a 21
description of proposed interventions and supports to be provided. 22
(10) By September 1, 2023, if funds are appropriated, the department shall establish 23
required teacher academies or coaching models for teachers of students in 24
prekindergarten through grade three (3). The teacher academies or coaching models 25
shall be related to evidence-based practices in instruction, instructional materials, 26
and assessment in reading. 27 UNOFFICIAL COPY 23 RS BR 1616
Page 7 of 8
XXXX 2/17/2023 8:40 AM Jacketed
(11) The department shall develop and maintain a web-based[Web-based] resource 1
providing teachers access to: 2
(a) Information on the use of specific screening processes and programs to 3
identify student strengths and needs, including those for advanced learners; 4
(b) Current, evidence-based research and age-appropriate instructional tools that 5
may be used for substantial, steady improvement in: 6
1. Reading when a student is experiencing difficulty with phonemic 7
awareness, phonics, vocabulary, fluency, general reading 8
comprehension, or reading in specific content areas, or is exhibiting 9
characteristics of dyslexia, aphasia, or other reading difficulties; 10
2. Writing when a student is experiencing difficulty with consistently 11
producing letters or numbers with accuracy or is exhibiting 12
characteristics of dysgraphia; 13
3. Mathematics when a student is experiencing difficulty with basic math 14
facts, calculations, or application through problem solving, or is 15
exhibiting characteristics of dyscalculia or other mathematical 16
difficulties; or 17
4. Behavior when a student is exhibiting behaviors that interfere with his 18
or her learning or the learning of other students; and 19
(c) Current, evidence-based research and age-appropriate instructional tools that 20
may be used for continuous progress of advanced learners. 21
(12) The department shall encourage districts to utilize both state and federal funds as 22
appropriate to implement a district-wide multitiered system of supports. 23
(13) The department is encouraged to coordinate technical assistance and training on 24
current best practice interventions with state postsecondary education institutions. 25
(14) The department shall collaborate with the Kentucky Collaborative Center for 26
Literacy Development, the Kentucky Center for Mathematics, the Kentucky Center 27 UNOFFICIAL COPY 23 RS BR 1616
Page 8 of 8
XXXX 2/17/2023 8:40 AM Jacketed
for Instructional Discipline, the Education Professional Standards Board, the 1
Council on Postsecondary Education, postsecondary teacher education programs, 2
and other agencies and organizations as deemed appropriate to ensure that teachers 3
are prepared to utilize evidence-based interventions in reading, writing, 4
mathematics, and behavior. 5
(15) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to 6
determine appropriate instructional strategies for curriculum implementation shall 7
not be considered to be an evaluation for eligibility for special education and related 8
services and nothing in this section shall limit a school district from completing an 9
initial evaluation of a student suspected of having a disability. 10