Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 156.070, 156.160, 156.488, 158.070(7), 158.305,
158.645, 158.6451, 158.6453(17)(b), 158.6459, 158.791
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070(1) requires
the Kentucky Board of Education to manage and control the common schools and
all programs operated in the schools. KRS 156.160(1) requires the Kentucky
Board of Education to promulgate administrative regulations establishing
standards which school districts shall meet in student, program, service, and
operational performance. KRS 158.305(2) requires the Kentucky Board of
Education to promulgate administrative regulations to further define a
multitiered system of supports for individual students in K-3 that includes a
tiered continuum of interventions, using evidence-based research, with varying
levels of intensity and duration. KRS 158.6459 requires the Kentucky Department
of Education to offer support and technical assistance to schools and school
districts in developing accelerated learning opportunities to address academic
deficiencies of high school students prior to high school graduation. KRS 156.488 requires the Kentucky Department of Education to develop enhanced
courses in English, reading, and mathematics to be offered to students in grade
6, grade 9, grade 10, grade 11, and grade 12 who are academically behind. KRS 158.791 requires the Kentucky Department of Education to provide technical
assistance to local school districts in the identification of professional
development activities, including teaching strategies to address academic
deficiencies of students. This administrative regulation establishes the
requirements for a district-wide multitiered system of supports for students in
K-12.
Section 1. Definitions.
(1) "Diagnostic assessment" means a formal or
informal student assessment, utilizing valid and reliable tools, given to guide
instruction and tailor interventions based upon individual student academic and
behavioral strengths and needs to accelerate progress toward
proficiency.
(2) "Differentiated"
means the tailoring of curriculum, teaching environments, and practices to
create appropriately different learning experiences to meet individual student
needs while recognizing each student's learning differences, varying interests,
readiness levels, and level of responsiveness to Tier 1 universal
instruction.
(3) "Evidence-based"
is defined by KRS 158.305(1)(f).
(4) "Implemented with fidelity" means the
accurate and consistent delivery or application of instructional resources,
interventions, and assessments as they were designed to be used.
(5) "Intervention" means an academic or
behavioral instruction, practice, strategy, or curriculum that is identified
through data-based problem-solving and provided to meet a student's academic
and behavioral needs, in addition to Tier 1 universal instruction.
(6) "Multitiered system of supports" or
"MTSS" means a multi-level prevention system designed to maximize student
achievement and social and behavioral competencies through an integration of
differentiated universal instruction, assessment, and intervention.
(7) "Tier 1 universal instruction" means
instruction provided to all students based on the state's academic standards as
set forth in 704 KAR 3:303 and 704 KAR Chapter 8, and is aligned with KRS 158.6451..
(8) "Tier 2 targeted
intervention" means supplemental evidence-based intervention, in addition to
and in alignment with Tier 1 universal instruction, for students identified by
universal screening and diagnostic assessment data as at-risk for not meeting
grade-level academic or behavioral benchmarks.
(9) "Tier 3 intensive intervention" means
that, in addition to Tier 1 universal instruction and Tier 2 targeted
intervention, a student is provided evidence-based intervention services, based
on diagnostic assessment and progress monitoring data, with an intensity and
duration matched to the student's individualized academic and behavioral
needs.
(10) "Universal screening"
means a systematic process of analyzing students' performance at certain points
during the academic year, utilizing valid and reliable tools to assess the
learning and achievement of all students in academics and related behaviors,
that may include validated indicators such as course performance, attendance,
and behavior data to evaluate the effectiveness of Tier 1 universal instruction
and determine which students need closer monitoring or intervention.
Section 2. Each local school
district shall implement a comprehensive MTSS for K-12 that includes:
(1) A tiered delivery system with a continuum
of differentiated Tier 1 universal instruction, Tier 2 targeted intervention,
and Tier 3 intensive intervention, delivered by individuals most qualified to
provide the intervention services, to maximize each student's academic and
behavioral outcomes;
(2) Universal
screening and diagnostic assessments to determine individual student needs and
baseline performance;
(3)
Interventions that:
(a) Are
evidence-based;
(b) Vary in
intensity and duration based on student need;
(c) Meet the needs of the individual
student;
(d) Are implemented with
fidelity;
(e) Are delivered by
individuals most qualified to provide the intervention services; and
(f) Are monitored through a comparison of
baseline data collected prior to intervention and ongoing progress
data;
(4) Support for
early intervention to address academic and behavioral issues; and
(5) Data-based documentation of:
(a) Assessments or measures of
behavior;
(b) Progress during
instruction;
(c) Evaluation, at
regular intervals, for continuous progress; and
(d) Individual student progress reports
shared with the parents of each student in K-12 that summarize the student's
academic skills, behavior, and any intervention plans and services being
delivered.
Section
3. Each local district shall submit to the Kentucky Department of
Education by October 1 of each year evidence demonstrating district-wide
implementation of a comprehensive MTSS.
(1)
Evidence provided by the district shall address implementation requirements as
provided in Section 2 of this administrative regulation for grades
K-12.
(2) The district shall also
submit evidence of implementation for K-3 required by KRS 158.305(2).
STATUTORY AUTHORITY: KRS 156.070, 156.160, 156.488,
158.305(2), 158.6459, 158.791
