UNOFFICIAL COPY 24 RS HB 612/GA Page 1 of 9 HB061210.100 - 1244 - XXXX 3/11/2024 5:25 PM GA AN ACT relating to reading and language arts instruction. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 3 READ AS FOLLOWS: 4 (1) As used in this section: 5 (a) "Curriculum" means the content and plan for instruction, including 6 materials, instructional programs, texts, lesson plans, and assessments 7 needed to help students develop critical skills, knowledge, and meet or 8 exceed proficiency in required academic standards; 9 (b) "Educator Preparation Program" or "EPP" means a program approved by 10 the Education Professional Standards Board that prepares individuals for 11 licensure as teachers, school leaders, or other school or district 12 administrators; 13 (c) "Reading intervention" includes curriculum, activities, and evidence-based 14 strategies used to remediate reading deficiencies, including but not limited 15 to individual instruction, small groups, multisensory approaches, tutoring, 16 mentoring, or the use of technology that targets specific reading skills and 17 abilities; 18 (d) "Science of reading" means an interdisciplinary collection of scientifically 19 based research about reading that informs how children learn to read and 20 write and how to most effectively assess and teach reading; and 21 (e) "Three-cueing system" means any model of teaching students to read based 22 on meaning, structure and syntax, and visual cues, which may also be 23 known as "MSV." 24 (2) The Kentucky Department of Education shall establish an approved list of 25 reading curriculum that is scientifically researched and evidence-based that may 26 be used by schools to meet the requirements of subsection (3)(b) of this section 27 UNOFFICIAL COPY 24 RS HB 612/GA Page 2 of 9 HB061210.100 - 1244 - XXXX 3/11/2024 5:25 PM GA and that shall not include instructional strategies that employ the three-cueing 1 system of reading. 2 (3) (a) A public school district shall not use any curriculum, reading intervention, 3 or program of instruction that utilizes the three-cueing system of teaching 4 students to read. 5 (b) Each public school district shall: 6 1. Ensure that all curriculum, reading interventions, and programs of 7 instruction utilized to teach students to read are high-quality, fully 8 aligned to state content standards, and based on literacy strategies that 9 are scientifically researched with proven results in teaching phonemic 10 awareness, phonics, fluency, vocabulary, and comprehension; and 11 2. Ensure that no school in the district is utilizing a three-cueing system 12 of teaching students to read. 13 (4) Beginning with the 2025-2026 school year, if the state board of education 14 determines that a public school district has violated subsection (3) of this section, 15 the state board shall notify the public school district of the violation. 16 (5) The department, the Educational Professional Standards Board, educational 17 cooperatives, special education cooperatives, early childhood regional training 18 centers, and local school districts are prohibited from providing or utilizing any 19 professional development that uses a three-cueing system of teaching students to 20 read. 21 (6) The Education Professional Standards Board shall promulgate administrative 22 regulations in accordance with KRS Chapter 13A to establish criteria for reading 23 curriculum for each state-approved educator preparation program. 24 Section 2. KRS 164.306 is amended to read as follows: 25 (1) [Beginning in the 2022-2023 school year, ]Postsecondary institutions offering 26 teacher preparation programs for interdisciplinary early childhood education or 27 UNOFFICIAL COPY 24 RS HB 612/GA Page 3 of 9 HB061210.100 - 1244 - XXXX 3/11/2024 5:25 PM GA elementary regular education shall include evidence-based reading instructional 1 programming related to reading instruction in the areas of phonemic awareness, 2 phonics, fluency, vocabulary, and comprehension and on: 3 (a) The administration of specific assessment processes and programs used to 4 identify student strengths and needs and that are determined by the 5 Department of Education to be reliable and valid; 6 (b) The use of assessment data for designing instruction and interventions; 7 (c) Progress monitoring of student performance; and 8 (d) Instructional strategies that address students' individual differences. 9 (2) Postsecondary institutions offering teacher preparation programs shall: 10 (a) Provide instruction on how to teach reading and language arts using 11 scientifically researched and evidence-based reading instruction and 12 intervention programs; 13 (b) Prohibit instruction on teaching reading and language arts that 14 incorporates a three-cueing system; and 15 (c) Align to the academic standards established by the Department of 16 Education and approved list of reading curriculum and instructional 17 materials that are utilized by local districts. 18 (3)[(2)] [By January 1, 2024, ]The Education Professional Standards Board shall 19 develop and maintain a list of approved teacher preparation tests that are 20 determined by the board to be an effective evaluation of reading instruction 21 knowledge and skills. 22 (4)[(3)] Beginning in the 2024-2025 school year, all new teachers seeking certification 23 in interdisciplinary early childhood education or elementary education shall 24 successfully pass an approved teacher preparation test that includes an evaluation of 25 reading instruction knowledge and skills. 26 (5)[(4)] The Education Professional Standards Board shall report program data to an 27 UNOFFICIAL COPY 24 RS HB 612/GA Page 4 of 9 HB061210.100 - 1244 - XXXX 3/11/2024 5:25 PM GA external evaluator for analysis of postsecondary teacher preparation programs for 1 interdisciplinary early childhood education or elementary regular education for the 2 goal of increasing the success of new teacher candidates in demonstrating reading 3 instruction knowledge and skills. 4 Section 3. KRS 161.028 is amended to read as follows: 5 (1) The Education Professional Standards Board is recognized to be a public body 6 corporate and politic and an agency and instrumentality of the Commonwealth, in 7 the performance of essential governmental functions. The Education Professional 8 Standards Board has the authority and responsibility to: 9 (a) Establish standards and requirements for obtaining and maintaining a teaching 10 certificate; 11 (b) Set standards for, approve, and evaluate college, university, and school district 12 programs for the preparation of teachers and other professional school 13 personnel. College or university programs may be approved by the board for a 14 college or university with regional institutional level accreditation or national 15 institutional level accreditation that is recognized by the United States 16 Department of Education and is eligible to receive federal funding under 20 17 U.S.C. secs. 1061 to 1063. Program standards shall reflect national standards 18 and shall address, at a minimum, the following: 19 1. The alignment of programs with the state's core content for assessment 20 as defined in KRS 158.6457; 21 2. Research-based classroom practices, including effective classroom 22 management techniques; 23 3. Emphasis on subject matter competency of teacher education students; 24 4. Methodologies to meet diverse educational needs of all students; 25 5. The consistency and quality of classroom and field experiences, 26 including early practicums and student teaching experiences; 27 UNOFFICIAL COPY 24 RS HB 612/GA Page 5 of 9 HB061210.100 - 1244 - XXXX 3/11/2024 5:25 PM GA 6. The amount of college-wide or university-wide involvement and support 1 during the preparation as well as the induction of new teachers; 2 7. The diversity of faculty; 3 8. The effectiveness of partnerships with local school districts; and 4 9. The performance of graduates on various measures as determined by the 5 board; 6 (c) Include in the standards established for programs for the preparation of 7 teachers under subsection (1)(b) of this section the requirement that 8 programs: 9 1. Shall provide instruction on how to teach reading and language arts 10 using scientifically researched and evidence-based reading instruction 11 and intervention programs; and 12 2. Shall not provide instruction on teaching reading and language arts 13 that incorporates a three-cueing system of instruction; 14 (d) Conduct an annual review of diversity in teacher preparation programs; 15 (e)[(d)] Provide assistance to universities and colleges in addressing diversity, 16 which may include researching successful strategies and disseminating the 17 information, encouraging the development of nontraditional avenues of 18 recruitment and providing incentives, waiving administrative regulations 19 when needed, and other assistance as deemed necessary; 20 (f)[(e)] Discontinue approval of programs that do not meet standards or whose 21 graduates do not perform according to criteria set by the board; 22 (g)[(f)] Issue, renew, revoke, suspend, or refuse to issue or renew; impose 23 probationary or supervisory conditions upon; issue a written reprimand or 24 admonishment; or any combination of actions regarding any certificate; 25 (h)[(g)] Develop specific guidelines to follow upon receipt of an allegation of 26 sexual misconduct by an employee certified by the Education Professional 27 UNOFFICIAL COPY 24 RS HB 612/GA Page 6 of 9 HB061210.100 - 1244 - XXXX 3/11/2024 5:25 PM GA Standards Board. The guidelines shall include investigation, inquiry, and 1 hearing procedures which ensure the process does not revictimize the alleged 2 victim or cause harm if an employee is falsely accused; 3 (i)[(h)] Receive, along with investigators hired by the Education Professional 4 Standards Board, training on the dynamics of sexual misconduct of 5 professionals, including the nature of this abuse of authority, characteristics of 6 the offender, the impact on the victim, the possibility and the impact of false 7 accusations, investigative procedures in sex offense cases, and effective 8 intervention with victims and offenders; 9 (j)[(i)] Recommend to the Kentucky Board of Education the essential data 10 elements relating to teacher preparation and certification, teacher supply and 11 demand, teacher attrition, teacher diversity, and employment trends to be 12 included in a state comprehensive data and information system and 13 periodically report data to the Interim Joint Committee on Education; 14 (k)[(j)] Submit reports to the Governor and the Legislative Research 15 Commission and inform the public on the status of teaching in Kentucky; 16 (l)[(k)] Devise a credentialing system that provides alternative routes to gaining 17 certification and greater flexibility in staffing local schools while maintaining 18 standards for teacher competence; 19 (m)[(l)] Develop a professional code of ethics; 20 (n)[(m)] Charge reasonable fees for the issuance, reissuance, and renewal of 21 certificates that are established by administrative regulation. The proceeds 22 shall be used to meet a portion of the costs of the issuance, reissuance, and 23 renewal of certificates, and the costs associated with disciplinary action 24 against a certificate holder under KRS 161.120; 25 (o)[(n)] Waive a requirement that may be established in an administrative 26 regulation promulgated by the board. A request for a waiver shall be 27 UNOFFICIAL COPY 24 RS HB 612/GA Page 7 of 9 HB061210.100 - 1244 - XXXX 3/11/2024 5:25 PM GA submitted to the board, in writing, by an applicant for certification, a 1 postsecondary institution, or a superintendent of a local school district, with 2 appropriate justification for the waiver. The board may approve the request if 3 the person or institution seeking the waiver has demonstrated extraordinary 4 circumstances justifying the waiver. Any waiver granted under this subsection 5 shall be subject to revocation if the person or institution falsifies information 6 or subsequently fails to meet the intent of the waiver; 7 (p)[(o)] Promote the development of one (1) or more innovative, nontraditional 8 or alternative administrator or teacher preparation programs through public or 9 private colleges or universities, private contractors, the Department of 10 Education, or the Kentucky Commonwealth Virtual University and waive 11 administrative regulations if needed in order to implement the program; 12 (q)[(p)] Grant approval, if appropriate, of a university's request for an alternative 13 program that enrolls an administrator candidate in a postbaccalaureate 14 administrator preparation program concurrently with employment as an 15 assistant principal, principal, assistant superintendent, or superintendent in a 16 local school district. An administrator candidate in the alternative program 17 shall be granted a temporary provisional certificate and shall be a candidate in 18 the Kentucky Principal Internship Program, notwithstanding provisions of 19 KRS 161.030, or the Superintendent's Assessment process, notwithstanding 20 provisions of KRS 156.111, as appropriate. The temporary certificate shall be 21 valid for a maximum of two (2) years, and shall be contingent upon the 22 candidate's continued enrollment in the preparation program and compliance 23 with all requirements established by the board. A professional certificate shall 24 be issued upon the candidate's successful completion of the program, 25 internship requirements, and assessments as required by the board; 26 (r)[(q)] Employ consultants as needed; 27 UNOFFICIAL COPY 24 RS HB 612/GA Page 8 of 9 HB061210.100 - 1244 - XXXX 3/11/2024 5:25 PM GA (s)[(r)] Enter into contracts. Disbursements to professional educators who 1 receive less than one thousand dollars ($1,000) in compensation per fiscal 2 year from the board for serving on an assessment validation panel or as a test 3 scorer or proctor shall not be subject to KRS 45A.690 to 45A.725; 4 (t)[(s)] Sponsor studies, conduct research, conduct conferences, and publish 5 information as appropriate; and 6 (u)[(t)] Issue orders as necessary in any administrative action before the board. 7 (2) (a) The board shall be composed of seventeen (17) members. The secretary of the 8 Education and Labor Cabinet and the president of the Council on 9 Postsecondary Education, or their designees, shall serve as ex officio voting 10 members. The Governor shall make the following fifteen (15) appointments: 11 1. Nine (9) members who shall be teachers representative of elementary, 12 middle or junior high, secondary, special education, and secondary 13 vocational classrooms; 14 2. Two (2) members who shall be school administrators, one (1) of whom 15 shall be a school principal; 16 3. One (1) member representative of local boards of education; and 17 4. Three (3) members representative of postsecondary institutions, two (2) 18 of whom shall be deans of colleges of education at public universities 19 and one (1) of whom shall be the chief academic officer of an 20 independent not-for-profit college or university. 21 (b) The members appointed by the Governor shall be confirmed by the Senate 22 under KRS 11.160. If the General Assembly is not in session at the time of the 23 appointment, persons appointed shall serve prior to confirmation, but the 24 Governor shall seek the consent of the Senate at the next regular session or at 25 an intervening extraordinary session if the matter is included in the call of the 26 General Assembly. 27 UNOFFICIAL COPY 24 RS HB 612/GA Page 9 of 9 HB061210.100 - 1244 - XXXX 3/11/2024 5:25 PM GA (c) Each appointed member shall serve a three (3) year term. A vacancy on the 1 board shall be filled in the same manner as the original appointment within 2 sixty (60) days after it occurs. A member shall continue to serve until his or 3 her successor is named. Any member who, through change of employment 4 status or residence, or for other reasons, no longer meets the criteria for the 5 position to which he or she was appointed shall no longer be eligible to serve 6 in that position. 7 (d) Members of the board shall serve without compensation but shall be permitted 8 to attend board meetings and perform other board business without loss of 9 income or other benefits. 10 (e) A state agency or any political subdivision of the state, including a school 11 district, required to hire a substitute for a member of the board who is absent 12 from the member's place of employment while performing board business 13 shall be reimbursed by the board for the actual amount of any costs incurred. 14 (f) A chairman shall be elected by and from the membership. A member shall be 15 eligible to serve no more than three (3) one (1) year terms in succession as 16 chairman. Regular meetings shall be held at least semiannually on call of the 17 chairman. 18 (g) The commissioner of education shall serve as executive secretary to the board 19 and may designate staff to facilitate his or her duties. 20 (h) To carry out the functions relating to its duties and responsibilities, the board 21 is empowered to receive donations and grants of funds; to appoint consultants 22 as needed; and to sponsor studies, conduct conferences, and publish 23 information. 24