UNOFFICIAL COPY 24 RS BR 880 Page 1 of 29 XXXX 1/4/2024 6:57 PM Jacketed AN ACT relating to mathematics education. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 158.791 is amended to read as follows: 3 (1) The General Assembly hereby finds that: 4 (a) Reading proficiency is a gateway skill necessary for all of Kentucky students 5 to achieve the academic goals established in KRS 158.6451. It is Kentucky's 6 goal that all children learn to read well before exiting grade three (3) and that 7 all middle and high school students have the skills necessary to read complex 8 materials in specific core subjects and comprehend and constructively apply 9 the information; and 10 (b) Mathematics proficiency is essential for all Kentucky students to achieve the 11 academic goals established in KRS 158.6451. It is Kentucky's goal that all 12 children have the skills necessary to demonstrate procedural skill and 13 fluency, building from conceptual understanding to application, in order to 14 solve real-world problems. 15 (2) It is the intent of the General Assembly that: 16 (a) Every elementary school: 17 1. Provide comprehensive schoolwide reading and mathematics 18 instruction aligned to reading, [and ]writing, and mathematics standards 19 required by KRS 158.6453 and outlined in administrative regulation 20 promulgated by the Kentucky Board of Education; 21 2. Provide a multitiered system of supports, as set forth in and required by 22 KRS 158.305, to support and engage all students in learning to read at 23 the proficient level, meaning a level that reflects developmentally 24 appropriate grade-level performance, by the end of grade three (3); 25 3. Provide a multitiered system of supports, as set forth in Section 3 of 26 this Act, to support and engage all students in learning to apply 27 UNOFFICIAL COPY 24 RS BR 880 Page 2 of 29 XXXX 1/4/2024 6:57 PM Jacketed mathematical content and practices at a proficient level, meaning a 1 level that reflects developmentally appropriate grade-level 2 performance, by the end of grade five (5); 3 4. Ensure quality instruction for reading and mathematics by highly 4 trained teachers and intervention by individuals most qualified to 5 provide the intervention; and 6 5.[4.] Provide high quality library media programs; 7 (b) Every middle and high school: 8 1. Provide direct, explicit instruction to students lacking skills in how to 9 read, learn, and analyze information in key subjects, including language, 10 reading, English, mathematics, science, social studies, arts and 11 humanities, practical living skills, and career studies;[ and] 12 2. Ensure that teachers have the skills to help all students develop critical 13 content knowledge, strategies, and skills for subject-based reading and 14 grade-level appropriate mathematics; 15 3. Provide a multitiered system of supports, as set forth in Section 3 of 16 this Act, to support and engage all students in learning to apply 17 mathematical content and practices at a proficient level, meaning a 18 level that reflects developmentally appropriate grade-level 19 performance, by the end of grade eight (8); and 20 4. Ensure all students routinely have opportunities to experience high-21 quality mathematics instruction, learn challenging, grade-level 22 appropriate mathematics content and practices, and receive the 23 necessary support to make progress toward proficiency; 24 (c) The Kentucky Department of Education shall provide technical assistance to 25 local school districts in the identification of high-quality professional 26 development[ activities], including teaching strategies to help teachers in each 27 UNOFFICIAL COPY 24 RS BR 880 Page 3 of 29 XXXX 1/4/2024 6:57 PM Jacketed subject area to: 1 1. Implement evidence-based reading, intervention, and instructional 2 strategies that emphasize phonemic awareness, phonics, fluency, 3 vocabulary, comprehension, and connections between reading and 4 writing acquisition, and motivation to read to address the diverse needs 5 of students; 6 2. Implement evidence-based mathematics instruction, intervention, and 7 instructional strategies that emphasize algebraic reasoning, 8 conceptual understanding, procedural skill and fluency, geometry, 9 data and measurement, statistics and probability, number sense, place 10 value understanding, spatial reasoning and subitizing for 11 multiplicative reasoning; 12 3. Identify and teach the grade-level content, practices, and skills that 13 students need to comprehend the concepts and content of each subject 14 area; and 15 4.[3.] Use learning experiences[activities] and high-quality instructional 16 materials that will help the students comprehend, meet grade-level 17 expectations, and constructively apply information based on the unique 18 content of each subject area; 19 (d) The Education Professional Standards Board shall review and revise when 20 deemed necessary the teacher certification and licensure requirements to 21 ensure that all teachers, regardless of the subject area taught, are prepared to 22 improve students' subject reading and mathematics skills; and 23 (e) The department shall collaborate with: 24 1. The Department for Libraries and Archives, the Governor's Office of 25 Early Childhood, and Kentucky Educational Television to establish and 26 maintain a partnership to support the use of high-quality, evidence-based 27 UNOFFICIAL COPY 24 RS BR 880 Page 4 of 29 XXXX 1/4/2024 6:57 PM Jacketed year-round programming, materials, and activities for elementary-aged 1 children in the areas of reading; and 2 2. AdvanceKentucky, the Kentucky Center for Mathematics, and the 3 Partnership Institute for Math and Science Education Reform to 4 support educator access to high-quality, evidence-based professional 5 learning, student engagement in grade-level learning aligned to 6 Kentucky academic standards for mathematics, and leadership 7 support networks for the purpose of increasing student outcomes in 8 kindergarten through grade twelve (12) mathematics. 9 Section 2. KRS 158.840 (Effective July 1, 2024) is amended to read as follows: 10 (1) The General Assembly hereby finds that reading and mathematics proficiency are 11 gateway skills necessary for all Kentucky students to achieve the academic goals 12 established in KRS 158.6451. It is the General Assembly's intent that: 13 (a) All students in kindergarten through grade three (3) having difficulty in 14 reading and mathematics receive early diagnosis and intervention services 15 from highly trained teachers; 16 (b) All students in grade four (4) through grade eight (8) needing to make 17 accelerated progress toward proficiency in mathematics based on data from 18 valid and reliable universal screening and diagnostic assessments receive 19 high-quality, evidence-based mathematics instruction and intervention 20 aligned to grade-level learning as established in the Kentucky academic 21 standards for mathematics; 22 (c) All students demonstrate proficiency in reading and mathematics as they 23 progress through the relevant curricula and complete each assessment level 24 required by the Kentucky Board of Education for the state assessment 25 program established under KRS 158.6453 and in compliance with the 26 requirements of the federal Every Student Succeeds Act of 2015, Pub. L. No. 27 UNOFFICIAL COPY 24 RS BR 880 Page 5 of 29 XXXX 1/4/2024 6:57 PM Jacketed 114-95, or its successor; and 1 (d)[(c)] Students who are struggling in reading and mathematics or are not at the 2 proficient level on statewide assessments shall be provided evidence-based 3 and developmentally appropriate diagnostic and intervention services, and 4 instructional modifications necessary to learn. 5 The General Assembly, the Kentucky Board of Education, the Kentucky 6 Department of Education, the Council on Postsecondary Education, colleges and 7 universities, local boards of education, school administrators, school councils, 8 teachers, parents and families, and other educational entities, such as the Education 9 Professional Standards Board, the Commonwealth Education Continuum[P-16 10 councils], the statewide reading research center established under KRS 164.0207, 11 and the Center for Middle School Academic Achievement must collaborate if the 12 intentions specified in this subsection are to be met. Intensive focus on student 13 achievement in reading and mathematics does not negate the responsibility of any 14 entity to help students obtain proficiency in other core curriculum content areas. 15 (2) The General Assembly's role is to set policies that address the achievement levels of 16 all students and provide resources for the professional growth of teachers and 17 administrators, assessing students' academic achievement, including valid and 18 reliable universal screening and diagnostic assessment and instructional 19 interventions, technology innovations, targeted reading and mathematics statewide 20 initiatives, research and the distribution of research findings, services for students 21 beyond the regular school day, and other services needed to help struggling 22 learners. 23 (3) The Kentucky Board of Education shall regularly review and modify, when 24 appropriate, its statewide assessment policies and practices to enable local school 25 districts and schools to carry out the provisions of the statewide assessment and 26 accountability system, required under KRS 158.6453 to improve student 27 UNOFFICIAL COPY 24 RS BR 880 Page 6 of 29 XXXX 1/4/2024 6:57 PM Jacketed achievement in mathematics and reading. 1 (4) The Kentucky Department of Education shall: 2 (a) Provide assistance to schools and teachers, including publicizing professional 3 development opportunities, methods of measuring effective professional 4 development, the availability of high quality instructional materials, and 5 developmentally appropriate, valid, and reliable screening and diagnostic 6 assessments of student competency in mathematics and reading. The 7 department shall provide access to samples of units of study, annotated 8 student work, diagnostic instruments, and research findings, and give 9 guidance on parental engagement; 10 (b) Work with state and national educators and subject-matter experts to identify 11 student reading and mathematical skills in each subject area that align with 12 the state content standards adopted under KRS 158.6453 and identify teaching 13 strategies in each subject area that can be used explicitly to develop the 14 identified reading and mathematical skills under this paragraph; 15 (c) Encourage the development of comprehensive middle and high school 16 adolescent reading and mathematics plans to be incorporated into the 17 curricula of each subject area to improve the reading comprehension and 18 mathematical skills of all students; 19 (d) Conduct an annual review of the state grant programs it manages and make 20 recommendations, when needed, to the Interim Joint Committee on Education 21 for changes to statutory requirements that are necessary to gain a greater 22 return on investment; 23 (e) Provide administrative support and oversight to programs to train classroom 24 coaches and mentors to help teachers with reading and mathematics 25 instruction; and 26 (f) Require no reporting of instructional plans, formative assessment results, staff 27 UNOFFICIAL COPY 24 RS BR 880 Page 7 of 29 XXXX 1/4/2024 6:57 PM Jacketed effectiveness processes, or interventions implemented in the classroom, 1 except for: 2 1. Interventions implemented under KRS 158.305(2) and Section 3 of this 3 Act; 4 2. Funds provided under KRS 158.792 or 158.844; or 5 3. Schools that are identified for comprehensive support and improvement 6 and fail to exit comprehensive support and improvement status after 7 three (3) consecutive years of implementing the turnaround intervention 8 process as described in KRS 160.346. 9 (5) The Council on Postsecondary Education, in cooperation with the Education 10 Professional Standards Board, shall exercise its duties and functions under KRS 11 164.020 to ensure that teacher education programs are fulfilling the needs of 12 Kentucky for highly skilled teachers. The council shall: 13 (a) Coordinate the federal and state grant programs it administers with other 14 statewide initiatives relating to improving student achievement in reading and 15 mathematics to avoid duplication of effort and to make efficient use of 16 resources; 17 (b) No later than November 1 of each year, submit an annual[a] report to the 18 Legislative Research Commission for referral to the Interim Joint Committee 19 on Education,[ no later than November 1 of each year] summarizing the 20 compliance of each teacher preparation program for; 21 1. Interdisciplinary early childhood education or elementary regular 22 education to the instructional requirements set forth in KRS 164.306(1) 23 and Section 4 of this Act; and 24 2. Middle school mathematics education set forth in Section 4 of this Act; 25 and 26 (c) Regularly report program data to an external evaluator for an analysis of the 27 UNOFFICIAL COPY 24 RS BR 880 Page 8 of 29 XXXX 1/4/2024 6:57 PM Jacketed progress of teacher preparation programs for interdisciplinary early childhood 1 education,[ and] elementary regular education, and middle school 2 mathematics education to increase the success of new teacher candidates in 3 demonstrating reading and mathematics instruction knowledge and skills. 4 (6) The Education Professional Standards Board shall exercise its duties and 5 responsibilities under KRS 161.030 and 161.048 to ensure highly qualified 6 teachers. 7 (7) Colleges and universities shall: 8 (a) Utilize institution-wide resources to work with elementary and secondary 9 educators and other entities to align curriculum content to ensure that students 10 who achieve proficiency on standards established at the prekindergarten 11 through secondary levels will require no remediation to successfully enter a 12 postsecondary education program; 13 (b) Provide quality undergraduate teacher preparation programs to ensure that 14 those preparing to teach reading or mathematics at all grade levels have the 15 necessary content knowledge, assessment and diagnostic skills, and teaching 16 methodologies and that teachers in all subject areas have the requisite skills 17 for helping students at all grade levels develop critical strategies and skills for 18 reading and comprehending subject matter; 19 (c) Deliver evidence-based[appropriate] continuing education opportunities for 20 teachers in reading and mathematics through institutes, graduate level courses, 21 and other professional development activities that support a statewide agenda 22 for improving student achievement in reading and mathematics; 23 (d) Conduct or assist with research on best practices in assessment, intervention 24 strategies, teaching methodologies, costs and effectiveness of instructional 25 models, and other factors as appropriate to reading and mathematics; 26 (e) Provide staff to consult and provide technical assistance to teachers, staff, and 27 UNOFFICIAL COPY 24 RS BR 880 Page 9 of 29 XXXX 1/4/2024 6:57 PM Jacketed administrators at elementary, middle, and secondary school sites; 1 (f) Assume active roles in the statewide initiatives referenced in KRS 156.553 2 and 158.842; and 3 (g) Develop written procedures for measuring the effectiveness of activities 4 outlined in paragraphs (a) to (f)[(e)] of this subsection. 5 (8) School councils at all school levels are encouraged to identify and allocate 6 resources to qualified teachers to become coaches or mentors in mathematics or 7 coaches or mentors in reading with a focus on improving student achievement in 8 their respective schools. 9 (9) Local school boards and superintendents shall provide local resources[, whenever 10 possible,] to supplement or match state and federal resources to support teachers, 11 school administrators, and school councils in helping students achieve proficiency 12 in reading and mathematics. 13 (10) Local school superintendents shall provide leadership and resources to the 14 principals of all schools to facilitate curriculum alignment, communications, and 15 technical support among schools to ensure that students are academically prepared 16 to move to the next level of schooling. 17 SECTION 3. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 18 READ AS FOLLOWS: 19 (1) As used in this section: 20 (a) "Application" means learning to select an efficient method to find a 21 solution given a meaningful problem, determining whether the solution 22 makes sense by reasoning, and thinking critically; 23 (b) "Conceptual understanding" means connecting prior knowledge to new 24 ideas and concepts, and making sense of why a mathematical idea is 25 important and the kinds of contexts in which it is useful; 26 (c) "Dyscalculia" has the same meaning as in KRS 158.305; 27 UNOFFICIAL COPY 24 RS BR 880 Page 10 of 29 XXXX 1/4/2024 6:57 PM Jacketed (d) "Enrichment program" means accelerated intervention within the school 1 day or outside of the school day or school calendar, led by individuals most 2 qualified to provide the intervention and specifically determined to address 3 the individual learning needs of students based on universal screening and 4 diagnostics assessments in mathematics. This includes evidence-based 5 mathematics instructional programming and other instructional content, 6 skills and strategies aligned to mathematics standards required by KRS 7 158.6453 and outlined in administrative regulations promulgated by the 8 Kentucky Board of Education; 9 (e) "Evidence-based" has the same meaning as in 20 U.S.C. sec. 7801(21); 10 (f) "Mathematics diagnostic assessment" has the same meaning as in Section 11 5 of this Act; 12 (g) "Mathematics improvement plan" means an accelerated intervention plan 13 for a student in grade four (4) through grade eight (8) that is developed to 14 increase a student's rate of progress toward proficient performance in 15 mathematics, that is identified as necessary based on the student's results on 16 an approved mathematics diagnostic assessment. This plan should be 17 developed in collaboration and accordance with any existing program 18 services plan, individualized education program, or Section 504 Plan as 19 defined in KRS 156.027, unless the program services plan, individualized 20 education program, or Section 504 Plan already addresses improving 21 mathematics; 22 (h) "Mathematics improvement team" means a team that develops and oversees 23 the progress of a mathematics improvement plan and includes: 24 1. The parents or guardians of the student that is the subject of the 25 mathematics improvement plan; 26 2. No less than one (1) regular education teacher of the student, to 27 UNOFFICIAL COPY 24 RS BR 880 Page 11 of 29 XXXX 1/4/2024 6:57 PM Jacketed provide information about the general curriculum for same-aged 1 peers; 2 3. A representative of the local education agency who is knowledgeable 3 about the mathematics curriculum and the availability of the evidence-4 based mathematics resources of the local education agency; and 5 4. Any specialized certified school employees, including but not limited to 6 mathematics teachers, specialists or coaches, for students receiving 7 mathematics instruction educational programming or special 8 education services; 9 (i) "Number sense" means the ability to represent whole and rational numbers 10 in multiple ways, numerical magnitude estimation, selecting and using 11 benchmarks such as tens or hundreds, decomposing and recomposing 12 numbers, understanding the effects of operations on numbers, and 13 performing mental calculation and estimation; 14 (j) "Numeracy" has the same meaning as in Section 5 of this Act; 15 (k) "Place value understanding" means the understanding of representations 16 and concepts necessary to successfully process multi-digit numbers; 17 (l) "Spatial reasoning" means the capacity to mentally generate, transform, 18 and rotate a visual image and thus understand and recall spatial 19 relationships between objects; 20 (m) "Subitizing" means quickly recognizing and naming how many objects are 21 in a group without counting; and 22 (n) "Universal screener" means a process of providing a brief assessment to all 23 students within a grade level to assess the students' performance in 24 mathematical content and practices. 25 (2) Notwithstanding any other statute or administrative regulation to the contrary, 26 the board shall promulgate administrative regulations in accordance with KRS 27 UNOFFICIAL COPY 24 RS BR 880 Page 12 of 29 XXXX 1/4/2024 6:57 PM Jacketed Chapter 13A to further define a multitiered system of supports for district-wide 1 use of a system for students in grade four (4) through grade eight (8), that 2 includes a tiered continuum of interventions with varying levels of intensity and 3 duration and which connects general, compensatory, and special education 4 programs to provide interventions implemented with fidelity to evidence-based 5 research and matched to individual student strengths and needs. At a minimum, 6 the administrative regulations shall require that evidence of implementation shall 7 be submitted by each district to the department by October 1 of each year and 8 shall include but not be limited to implementation of the activities required under 9 KRS 158.649 for mathematics by December 1, 2025. 10 (3) Implementation of a district-wide multitiered system of supports shall include 11 evidence-based mathematics instruction, intervention and instructional strategies 12 that emphasize conceptual understanding, procedural skill and fluency, 13 geometry, data and measurement, statistics and probability, number sense, place 14 value understanding, spatial reasoning and subitizing for multiplicative 15 reasoning. 16 (4) Explicit and systematic instruction shall include conceptual understanding, 17 procedural skill and fluency, and application with a specific focus on rational 18 numbers, ratios and proportional reasoning, geometry, statistical reasoning, and 19 modeling relationships between two (2) quantities using multiple representations 20 including tables, graphs, and equations. 21 (5) The department shall provide technical assistance and training, if requested by a 22 local district, to assist in the implementation of the district-wide, multitiered 23 system of supports as a means to identify and assist any student experiencing 24 difficulty in mathematics and to determine appropriate instructional 25 modifications needed by advanced learners to make continuous progress. 26 (6) The technical assistance and training shall be designed to improve: 27 UNOFFICIAL COPY 24 RS BR 880 Page 13 of 29 XXXX 1/4/2024 6:57 PM Jacketed (a) The use of specific screening processes and diagnostic assessments to 1 identify student strengths and needs; 2 (b) The use of universal screening and diagnostic data for implementing 3 instruction and intervention, as needed; 4 (c) The use of valid and reliable evidence-based instructional strategies and 5 interventions for mathematics education; 6 (d) Progress monitoring of student performance; and 7 (e) Accelerated, intensive, direct instruction that addresses students' individual 8 differences, including advanced learners, and enables students that are 9 experiencing difficulty to catch up with typically performing peers. 10 (7) (a) By January 1, 2025, each superintendent or public charter school board of 11 directors shall select: 12 1. At least one (1) universal screener for mathematics that is determined 13 by the department to be valid and reliable to be administered to all 14 students in grade four (4) through grade eight (8); and 15 2. At least one (1) diagnostic assessment for mathematics that is 16 determined by the department to be reliable and valid to be 17 administered as part of a multitiered system of supports for students in 18 grade four (4) through grade eight (8). 19 (b) Each superintendent or public charter school board of directors shall adopt 20 a common Tier 1 universal high-quality instructional resource for 21 mathematics that is determined by the department to be reliable, valid, and 22 aligned to Kentucky academic standards for mathematics required by KRS 23 158.6453 and outlined in administrative regulation promulgated by the 24 Kentucky Board of Education for grade four (4) through grade eight (8) for 25 all schools or a subset of schools, with consultation of all affected school 26 councils. 27 UNOFFICIAL COPY 24 RS BR 880 Page 14 of 29 XXXX 1/4/2024 6:57 PM Jacketed (c) All teachers of students in grade four (4) through grade eight (8), including 1 public charter school teachers, shall be trained on any mathematics 2 universal screener and diagnostic assessment selected by the superintendent 3 or public charter school board prior to administration of the assessment. 4 The training shall address: 5 1. How to properly administer the mathematics universal screener and 6 diagnostic assessment; 7 2. How to interpret the results of the mathematics universal screener and 8 diagnostic assessment to identify students needing interventions; 9 3. How to use the assessment results to design instruction and 10 interventions; 11 4. The use of the assessment to monitor the progress of student 12 performance; and 13 5. The use of accelerated, intensive, and direct instruction that addresses 14 students' individual differences and enables students to achieve 15 proficiency in mathematics, including but not limited to daily, one-on-16 one instruction. 17 (8) Beginning with the 2025-2026 school year, a universal screener determined by 18 the department to be valid and reliable shall be given in the first thirty (30) 19 calendar days of the school year to each student in grades four (4) through eight 20 (8) at a public school or public charter school. 21 (9) Those students determined to be at risk for not meeting grade-level benchmarks 22 in mathematics for grades four (4) through eight (8) based on the universal 23 screener shall be given a mathematics diagnostic assessment determined by the 24 department to be valid and reliable to identify the individual student deficits in 25 numeracy and other mathematical content and practices as listed in subsection 26 (1) of this section in the first forty-five (45) calendar days of the school year. 27 UNOFFICIAL COPY 24 RS BR 880 Page 15 of 29 XXXX 1/4/2024 6:57 PM Jacketed (10) A mathematics improvement plan shall be developed and implemented in the first 1 sixty (60) calendar days of the school year by a mathematics improvement team 2 for any student in grades four (4) through eight (8) identified as needing 3 accelerated interventions to progress toward proficient performance in 4 mathematics. The mathematics improvement plan shall require: 5 (a) Intensive intervention that includes effective instructional strategies and 6 high-quality instructional resources necessary to help the student make 7 accelerated progress toward proficient performance in mathematics and 8 become ready for the next grade, including but not limited to daily, one-on-9 one instruction with students the most in need provided by certified teachers 10 specifically trained and most qualified to provide one-on-one instruction in 11 numeracy; 12 (b) Written quarterly progress reports provided by the school to a parent or 13 guardian of any student subject to a mathematics improvement plan. The 14 written quarterly progress report for the mathematics improvement plan 15 may be included in the school's existing quarterly student progress report; 16 and 17 (c) Individual placement decisions for children who are eligible for special 18 education and related services to be determined by the appropriate 19 admissions and release committee in accordance with administrative 20 regulations promulgated by the Kentucky Board of Education. 21 (11) Beginning in the 2025-2026 school year, if a student's rate of progress toward 22 proficient performance in mathematics needs accelerated interventions as 23 demonstrated by the results of an approved universal screener and mathematics 24 diagnostic assessment, the local school district shall provide: 25 (a) Enrichment programs for students in grades four (4) through eight (8) 26 using evidence-based mathematics instruction and other strategies; 27 UNOFFICIAL COPY 24 RS BR 880 Page 16 of 29 XXXX 1/4/2024 6:57 PM Jacketed (b) Intensive instructional services, progress monitoring measures, and 1 supports to students in grade four (4) through grade eight (8); and 2 (c) Parents and legal guardians of students identified for accelerated 3 interventions in mathematics in grade four (4) through grade eight (8) with 4 information on how to encourage mathematics success at home. 5 (12) By September 1, 2025, if funds are available, the department shall establish 6 teacher academies or coaching models for teachers of students in grade four (4) 7 through grade eight (8). The teacher academies or coaching models shall be 8 related to evidence-based practices in instruction, instructional materials, and 9 assessment in mathematics. 10 (13) The department shall develop and maintain a web based resource providing 11 teachers access to: 12 (a) Information on the use of specific screening processes and programs to 13 identify student strengths and needs, including those for advanced learners 14 in mathematics for grade four (4) through grade eight (8); 15 (b) Current, evidence-based research and age-appropriate instructional 16 resources that may be used for substantial, steady improvement in 17 mathematics in grades four (4) through eight (8) when a student is 18 experiencing difficulty with basic math facts, conceptual understanding, 19 procedural skill, fluency, or application, or is exhibiting characteristics of 20 dyscalculia or other mathematical difficulties; and 21 (c) Current evidence-based research and age-appropriate high-quality 22 instructional resources that may be used for continuous progress of 23 advanced learners in mathematics for grade four (4) through grade eight 24 (8). 25 (14) The department shall encourage districts to utilize both state and federal funds, 26 as appropriate, to implement a district-wide multitiered system of supports, 27 UNOFFICIAL COPY 24 RS BR 880 Page 17 of 29 XXXX 1/4/2024 6:57 PM Jacketed including high-quality mathematics instruction and instructional resources, 1 evidence-based intervention strategies and materials, aligned curriculum-based 2 professional learning, and ongoing, job-embedded coaching supports. 3 (15) The department shall coordinate technical assistance and training on current 4 evidence-based mathematics instructional practices and interventions with state 5 postsecondary education institutions. 6 (16) The department shall collaborate with AdvanceKentucky, the Kentucky Center 7 for Mathematics, the Partnership Institute for Math and Science Education 8 Reform, the Education Professional Standards Board, the Council on 9 Postsecondary Education, postsecondary teacher education programs, and other 10 agencies and organizations as deemed appropriate, to ensure that teachers are 11 prepared to utilize evidence-based instruction, high-quality instructional 12 resources, and interventions in mathematics for grade four (4) through grade 13 eight (8). 14 (17) In compliance with 20 U.S.C. sec. 1414(a)(1)(E), screening of a student to 15 determine appropriate instructional strategies for curriculum implementation 16 shall not be considered an evaluation for eligibility for special education and 17 related services, and nothing in this section shall limit a school district from 18 completing an initial evaluation of a student suspected of having a disability. 19 SECTION 4. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 20 READ AS FOLLOWS: 21 (1) As used in this section, "department" means the Kentucky Department of 22 Education. 23 (2) Beginning with the 2025-2026 school year, postsecondary institutions offering 24 teacher preparation programs for elementary regular education or middle school 25 mathematics education shall include kindergarten through grade twelve (12) 26 evidence-based instructional strategies, department-identified valid and reliable 27 UNOFFICIAL COPY 24 RS BR 880 Page 18 of 29 XXXX 1/4/2024 6:57 PM Jacketed high-quality resources for mathematics instruction related to Section 3 of this 1 Act, and: 2 (a) Evidence-based instructional strategies determined by the department to be 3 effective at improving student learning for the range of students in their 4 classrooms, including students needing to make accelerated progress toward 5 proficiency, exceptional students, and students who are multilingual 6 learners; 7 (b) High-quality instructional resources as determined by the department to be 8 effective at improving student learning for the range of students in their 9 classrooms, including students needing to make accelerated progress toward 10 proficiency, exceptional students, and students who are multilingual 11 learners; 12 (c) The use of a range of assessment data for designing instruction and 13 intervention; 14 (d) Progress monitoring of student performance that attends to learning 15 trajectories in mathematics; and 16 (e) Field experience placements, including student teaching, with teachers that 17 model paragraphs (a) to (d) of this subsection and are evaluated by 18 supervisors that are knowledgeable in paragraphs (a) to (d) of this 19 subsection. 20 (3) By January 1, 2025, the Education Professional Standards Board shall: 21 (a) Develop and maintain a list of approved teacher preparation assessments 22 that are determined by the board to be an effective evaluation of 23 mathematics instruction, content and practice standards, and skills; and 24 (b) Develop an evaluation rubric for observing teacher candidates with focus 25 on mathematics content and pedagogical knowledge. 26 (4) The Education Professional Standards Board shall report program data to an 27 UNOFFICIAL COPY 24 RS BR 880 Page 19 of 29 XXXX 1/4/2024 6:57 PM Jacketed external evaluator for analysis of postsecondary teacher preparation programs 1 for elementary regular education or middle school mathematics education for the 2 goal of increasing the success of new teacher candidates in demonstrating 3 mathematics instruction, content knowledge, and skills. 4 Section 5. KRS 158.842 is amended to read as follows: 5 (1) As used in KRS 158.840 to 158.844[, unless the context requires otherwise]: 6 (a) "Concepts" means mathematical ideas that serve as the basis for 7 understanding mathematics; 8 (b) "Mathematics" means the curriculum of numbers and computations, geometry 9 and measurements, probability and statistics, and algebraic ideas; 10 (c) "Mathematics coach" means a mathematics leader whose primary 11 responsibility is to provide ongoing support for one (1) or more mathematics 12 teachers. The role of the coach is to improve mathematics teaching practices 13 by working with teachers in their classrooms, observing and providing 14 feedback to them, modeling appropriate teaching practices, conducting 15 workshops or institutes, establishing learning communities, and gathering 16 appropriate and useful resources; 17 (d) "Mathematics diagnostic assessment" means an assessment that identifies a 18 student at risk of failure in mathematics or a student with major deficits in 19 numeracy and other mathematical concepts and skills; 20 (e) "Mathematics intervention program" means an intensive instructional 21 program that is based on valid research and is provided by a highly trained 22 teacher to specifically meet individual students' needs; 23 (f) "Mathematics leader" means any educator with a specialization in 24 mathematics who: 25 1. Serves in a supervisory capacity, such as mathematics department chair, 26 school-based mathematics specialist, or district mathematics supervisor 27 UNOFFICIAL COPY 24 RS BR 880 Page 20 of 29 XXXX 1/4/2024 6:57 PM Jacketed or coordinator; or 1 2. Regularly conducts or facilitates teacher professional development, such 2 as higher education faculty or other mathematics teachers; 3 (g) "Mathematics mentor" means an experienced mathematics coach who 4 typically works with beginning or novice teachers only. The responsibilities 5 and roles of the mentor are the same as those of the coach; 6 (h) "Numeracy" means the development of the basic concepts which include 7 counting, place value, addition and subtraction strategies, multiplication and 8 division strategies, and the concepts of time, money, and length. To be 9 numerate is to have and be able to use appropriate mathematical knowledge, 10 concepts, skills, intuition, and experience in relationship to every day life; 11 (i) "Relationships" means connections of mathematical concepts and skills within 12 mathematics; and 13 (j) "Skills" means actions of mathematics. 14 (2) The Committee for Mathematics Achievement is hereby created for the purposes of 15 developing a multifaceted strategic plan to improve student achievement in 16 mathematics at all levels of schooling, prekindergarten through postsecondary and 17 adult. At a minimum the plan shall address: 18 (a) Challenging curriculum that is aligned prekindergarten through 19 postsecondary, including consensus among high school teachers and 20 postsecondary education faculty about expectations, curriculum, and 21 assessment; 22 (b) Attitudes and beliefs of teachers about mathematics; 23 (c) Teachers' knowledge of mathematics; 24 (d) Diagnostic assessment, intervention services, and instructional strategies; 25 (e) Shortages of teachers of mathematics, including incentives to attract strong 26 candidates to mathematics teaching; 27 UNOFFICIAL COPY 24 RS BR 880 Page 21 of 29 XXXX 1/4/2024 6:57 PM Jacketed (f) Statewide institutes that prepare cadres of mathematics leaders in local school 1 districts, which may include highly skilled retired mathematics teachers, to 2 serve as coaches and mentors in districts and schools; 3 (g) Cohesive continuing education options for experienced mathematics 4 classroom teachers; 5 (h) Closing the student achievement gap among various student subpopulations; 6 (i) Curriculum expectations and assessments of students among the various 7 school levels, prekindergarten, primary, elementary, middle, and high school; 8 (j) Curriculum expectations and assessments for adult education 9 centers[Content standards for adult education centers providing mathematics 10 curricula]; 11 (k) Introductory postsecondary education mathematics courses that are 12 appropriate to the wide array of academic programs and majors; 13 (l) Research to analyze further the issues of transition from high school or High 14 School Equivalency Diploma programs to postsecondary education 15 mathematics; and 16 (m) The early mathematics testing program under KRS 158.803. 17 Other factors may be included in the strategic plan as deemed appropriate by the 18 committee to improve mathematics achievement of Kentucky students. 19 (3) [In carrying out its responsibility under subsection (2)(f) of this section, the 20 committee shall: 21 (a) Design a statewide professional development program that includes summer 22 mathematics institutes at colleges and universities, follow-up, and school-23 based support services, beginning no later than June 1, 2006, to prepare teams 24 of teachers as coaches and mentors of mathematics at all school levels to 25 improve student achievement. Teachers shall receive training in diagnostic 26 assessment and intervention. The statewide initiative shall be funded, based 27 UNOFFICIAL COPY 24 RS BR 880 Page 22 of 29 XXXX 1/4/2024 6:57 PM Jacketed on available funds, from the Teachers' Professional Growth Fund described in 1 KRS 156.553. The design shall: 2 1. Define the curricula focus; 3 2. Build on the expertise of specific colleges and universities; 4 3. Place emphasis on mathematics concepts, skills and relationships, 5 diagnostic assessment, intervention services, and instructional strategies; 6 4. Identify quality control measures for the delivery of each institute; 7 5. Establish evaluation procedures for the summer institutes and the other 8 professional development components; 9 6. Provide updates and networking opportunities for coaches and mentors 10 throughout the school year; and 11 7. Define other components within the initiative that are necessary to meet 12 the goal of increasing student achievement in mathematics; 13 (b) Require schools and districts approved to have participants in the mathematics 14 leader institutes to provide assurances that: 15 1. The district and schools have, or will develop, local mathematics 16 curricula and assessments that align with state standards for 17 mathematics; 18 2. There is a local commitment to build a cadre of mathematics leaders 19 within the district; 20 3. The district and participating schools will provide in-school support for 21 coaching and mentoring activities; 22 4. The mathematics teachers are willing to develop classroom assessments 23 that align with state assessments; and 24 5. Students who need modified instructional and intervention services will 25 have opportunity for continuing education services beyond the regular 26 school day, week, or year; and 27 UNOFFICIAL COPY 24 RS BR 880 Page 23 of 29 XXXX 1/4/2024 6:57 PM Jacketed (c) In addition to the conditions specified in paragraph (b) of this subsection, the 1 committee shall make recommendations to the Kentucky Department of 2 Education and the Kentucky Board of Education for criteria to be included in 3 administrative regulations promulgated by the board which define: 4 1. Eligible grant recipients, taking into consideration how this program 5 relates to other funded mathematics initiatives; 6 2. The application process and review; 7 3. The responsibilities of schools and districts, including but not limited to 8 matching funds requirements, released or extended time for coaches and 9 mentors during the school year, continuing education requirements for 10 teachers and administrators in participating schools, data to be collected, 11 and local evaluation requirements; and 12 4. Other recommendations requested by the Kentucky Department of 13 Education. 14 (4) ]The committee shall [initially ]be composed of twenty-three (23)[twenty-five (25)] 15 members as follows: 16 (a) The commissioner of education or his or her designee; 17 (b) The president of the Council on Postsecondary Education or his or her 18 designee; 19 (c) The president of the Association of Independent Kentucky Colleges and 20 Universities or his or her designee; 21 (d) [The executive director of the Education Professional Standards Board or his 22 or her designee; 23 (e) ]The secretary of the Education and Labor Cabinet or his or her designee; 24 (e)[(f)] Four (4) representatives[A representative] with a specialty in 25 mathematics or mathematics education who have[has] expertise and 26 experience in professional development, especially with coaching and 27 UNOFFICIAL COPY 24 RS BR 880 Page 24 of 29 XXXX 1/4/2024 6:57 PM Jacketed mentoring of teachers, from any of the[each of the nine (9)] public 1 postsecondary education institutions defined in KRS 164.001. The 2 representatives shall be selected by mutual agreement of the president of the 3 Council on Postsecondary Education and the commissioner of education; 4 (f)[(g)] One (1)[Two (2)] adult education mathematics instructor[instructors] 5 selected by the secretary of the Education and Labor Cabinet; 6 (g)[(h)] Two (2) elementary, two (2) middle, and two (2) high school 7 mathematics teachers, appointed by the commissioner of education;[board of 8 the statewide professional education association having the largest paid 9 membership with approval from their respective local principals and 10 superintendents of schools; and] 11 (h)[(i)] Three (3) school administrators or building-level mathematics 12 instructional coaches, with one (1) each representing elementary, middle, and 13 high school, appointed by the commissioner of education;[board of the 14 statewide administrators' association having the largest paid membership with 15 approval from their respective local superintendents of schools.] 16 (i) Two (2) district administrators or district-level mathematics instructional 17 coaches appointed by the commissioner of education; 18 (j) The executive director of[When] the Center for Mathematics created under 19 KRS 164.525 or his or her designee;[ becomes operational, the executive 20 director of the center shall be added to the committee, which shall then be 21 composed of twenty-six (26) members. Appointments to the committee shall 22 be made no later than thirty (30) days following March 18, 2005, and the first 23 meeting of the committee shall occur no later than thirty (30) days following 24 appointment of the members.] 25 (k) The executive director of AdvanceKentucky or his or her designee; and 26 (l) The executive director of the Partnership Institute for Math and Science 27 UNOFFICIAL COPY 24 RS BR 880 Page 25 of 29 XXXX 1/4/2024 6:57 PM Jacketed Education Reform or his or her designee. 1 (4)[(5)] A majority of the [full ]membership present shall constitute a quorum. 2 (5)[(6)] Each member of the committee, other than members who serve by virtue of 3 their positions, shall serve for a term of three (3) years or until a successor is 4 appointed and qualified[, except that the initial appointments shall be made in the 5 following manner: six (6) members shall serve a one (1) year term, six (6) members 6 shall serve a two (2) year term, and eight (8) members shall serve a three (3) year 7 term]. 8 (6)[(7)] A [temporary chair of the committee shall be appointed prior to the first 9 meeting of the committee through consensus of the president of the Council on 10 Postsecondary Education and the commissioner of education, to serve ninety (90) 11 days after his or her appointment. Prior to the end of the ninety (90) days, the 12 committee shall elect a chair by majority vote. The temporary chair may be a 13 nominee for the chair by majority vote. Thereafter, a ]chair of the committee shall 14 be elected each calendar year. An individual may not serve as chair for more than 15 three (3) consecutive years. The chair shall be the presiding officer of the 16 committee, and coordinate the functions and activities of the committee. 17 (7)[(8)] The committee shall be attached to the Kentucky Department of Education for 18 administrative purposes. The commissioner of education shall[may] contract with a 19 mathematics-trained professional to provide part-time staff support to the 20 committee. The commissioner of education and the president of the council shall 21 reach consensus in the selection of a person to fill the position. The person selected 22 shall have a graduate degree, a mathematics or mathematics education major, and 23 teaching or administrative experience in elementary and secondary education. The 24 person shall not be a current employee of any entity represented on the committee. 25 The department shall provide office space and other resources necessary to support 26 the staff position and the work of the committee. 27 UNOFFICIAL COPY 24 RS BR 880 Page 26 of 29 XXXX 1/4/2024 6:57 PM Jacketed (8)[(9)] The committee, under the leadership of the chair, may organize itself into 1 appropriate subcommittees and work structures to accomplish the purposes of the 2 committee. 3 (9)[(10)] Members of the committee shall serve without compensation but shall be 4 reimbursed for necessary travel and expenses while attending meetings at the same 5 per diem rate promulgated in administrative regulation for state employees under 6 provisions of KRS Chapter 45. Funds shall be provided school districts to cover the 7 cost of substitute teachers for those teachers on the committee at each district's 8 established rate for substitute teachers. 9 (10)[(11)] If a vacancy occurs within the committee during its duration, the vacancy 10 shall be filled in the same manner as set forth in the original appointment[board 11 of the statewide professional education association having the largest paid 12 membership or the board of the statewide administrators association having the 13 largest paid membership or the president of the Council on Postsecondary 14 Education, as appropriate, shall appoint a person to fill the vacancy]. 15 (11)[(12)] The committee shall[: 16 (a) Present a draft strategic plan addressing the requirements in subsection (1) of 17 this section and other issues that arose during the work of the committee to the 18 Education Assessment and Accountability Review Subcommittee no later 19 than August 2005; 20 (b) Present the strategic plan for improving mathematics achievement to the 21 Interim Joint Committee on Education by July 15, 2006, which shall include 22 any recommendations that require legislative action; and 23 (c) ] provide a final written report of committee activities and progress regarding 24 the strategic plan required under subsection (2) of this section to the Interim 25 Joint Committee on Education and the Legislative Research Commission by 26 December 1, 2024[2006]. 27 UNOFFICIAL COPY 24 RS BR 880 Page 27 of 29 XXXX 1/4/2024 6:57 PM Jacketed (12)[(13)] The committee shall have ongoing responsibility for providing advice and 1 guidance to policymakers in the development of statewide policies and in the 2 identification and allocation of resources to improve mathematics achievement. In 3 carrying out this responsibility, the committee shall periodically review the strategic 4 plan and make modifications as deemed appropriate and report those to the Interim 5 Joint Committee on Education. 6 (13)[(14)] The committee shall collaborate with the Center for Mathematics to ensure 7 that there is ongoing identification of research and evidence-based intervention 8 programs for K-12 students who have fallen behind in mathematics, rigorous 9 mathematics curricula that prepare students for the next level of schooling, research 10 and evidence-based professional development models that prepare teachers in 11 mathematics and pedagogy, and strategies for closing the gap between high school 12 or a High School Equivalency Diploma program and postsecondary mathematics 13 preparation. 14 SECTION 6. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 15 READ AS FOLLOWS: 16 (1) The Kentucky numeracy counts fund is hereby created for the purpose of training 17 and supporting teachers to improve the mathematics content and practices of 18 students in grades four (4) through grade eight (8), as set forth in subsection (2) 19 of this section and subsection (12) of Section 3 of this Act. The fund shall consist 20 of all moneys received from state appropriations, gifts, grants, and federal funds 21 for this purpose. The department shall administer the fund. 22 (2) The department shall implement teacher professional learning academies related 23 to evidence-based practices in instruction, instructional materials, and 24 assessment in mathematics using moneys appropriated to or otherwise received 25 by the Kentucky numeracy counts fund. 26 (3) The department shall create a mathematics coaching program using moneys 27 UNOFFICIAL COPY 24 RS BR 880 Page 28 of 29 XXXX 1/4/2024 6:57 PM Jacketed appropriated to or otherwise received by the Kentucky numeracy counts fund. 1 The program shall: 2 (a) Use data coaches to improve mathematics instruction and intervention; 3 (b) Determine the effectiveness of intensive data-focused professional 4 development; and 5 (c) Provide expert support in mathematics instruction and intervention. 6 (4) (a) The department may provide grants to local school districts and public 7 charter schools. The grant shall only be used to purchase approved high-8 quality, research and evidence-based curriculum aligned to kindergarten 9 through grade twelve (12) academic standards in mathematics and 10 expenditures for curriculum-based professional learning to implement new 11 curriculum. 12 (b) To be eligible to receive a grant, a local school district or public charter 13 school shall: 14 1. Submit an application in accordance with paragraph (4)(c) of this 15 section; and 16 2. Agree to adopt a common comprehensive mathematics program that is 17 determined by the department to be reliable, valid, and aligned to 18 mathematics standards required by KRS 158.6453 and outlined in an 19 administrative regulation promulgated by the Kentucky Board of 20 Education. 21 (c) Local school districts shall submit applications that include a district-wide 22 plan and public charter schools shall submit applications that include a 23 school plan for implementation of mathematics curriculum that includes: 24 1. How the district or public charter school will implement the new 25 curriculum by school and by grade level; and 26 2. The timeline for the rollout of upgraded curriculum materials for core 27 UNOFFICIAL COPY 24 RS BR 880 Page 29 of 29 XXXX 1/4/2024 6:57 PM Jacketed instruction in classrooms. 1 (d) Available grant funding shall be distributed to eligible applicants based on a 2 rubric developed by the department. The rubric shall consider the 3 information provided in accordance with subsection (4) of this section and 4 prioritize applications from local school districts or public charter schools: 5 1. In which more than fifty percent (50%) of the enrolled students scored 6 below the statewide average on the statewide assessments in 7 mathematics administered for the preceding school year; 8 2. With the greatest need for financial assistance; and 9 3. That propose comprehensive plans most likely to increase student 10 achievement in mathematics. 11 (e) The department shall distribute the awarded grant money to a public 12 charter school authorizer, and the authorizer shall distribute one hundred 13 percent (100%) of the grant money to the charter school. 14 (5) Notwithstanding the provisions of KRS 45.229, unexpended funds in the 15 Kentucky numeracy counts fund shall not lapse but shall carry forward to the 16 next fiscal year and shall be used for the purposes established in this section. 17 (6) Any interest earned on moneys in the fund shall become part of the fund and 18 shall not lapse. 19 Section 7. This Act may be cited as the Kentucky Numeracy Counts Act. 20