Kentucky Statutes 158.792 – Definitions for KRS 158.792 and 164.0207 — Reading diagnostic and intervention fund — Grants for reading intervention programs — Administrative regulations — Use of grant funds — Information and reports provided by De…
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(1) As used in this section and KRS § 164.0207, unless the context requires otherwise:
(a) “Comprehensive reading program” means any print, nonprint, or electronic medium of reading instruction designed to assist students. For students in kindergarten through grade three (3), program instructional resources shall include instruction in five (5) key areas: phonemic awareness, phonics, fluency, vocabulary, and comprehension;
(b) “Reading diagnostic assessment” means an assessment that measures a student’s skills against established performance levels in essential components of reading and identifies students that require intervention in at least one (1) of those components to accelerate the student’s progress toward proficient performance in reading;
(c) “Reading intervention program” means short-term intensive instruction in the essential skills necessary to read proficiently that is provided to a student by a highly trained teacher. This instruction may be conducted one-on-one or in small groups; shall be evidence-based, reliable, and replicable; and shall be based on the ongoing assessment of individual student needs; and
(d) “Reliable, replicable evidence” means objective, valid, scientific studies that:
1. Include rigorously defined samples of subjects that are sufficiently large and representative to support the general conclusions drawn;
2. Rely on measurements that meet established standards of reliability and validity;
3. Test competing theories, where multiple theories exist;
4. Are subjected to peer review before their results are published; and
5. Discover effective strategies for improving reading skills.
(2) The reading diagnostic and intervention fund is created to help teachers and library media specialists improve the reading skills of struggling readers in kindergarten through grade three (3) and to assist schools in employing reading interventionists who specialize in providing those services. The Department of Education, upon the recommendation of the Reading Diagnostic and Intervention Grant Steering Committee, shall provide renewable, two (2) year grants to schools to support teachers and reading interventionists in the implementation of reliable, replicable evidence-based reading intervention programs that use a balance of diagnostic tools and instructional strategies that emphasize phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between writing and reading acquisition and motivation to read to address the diverse learning needs of those students reading at low levels. Any moneys in the fund at the close of the fiscal year shall not lapse but shall be carried forward to be used for the purposes specified in this section.
(3) (a) The Kentucky Board of Education shall promulgate administrative regulations, based on recommendations from the Department of Education
that shall include but not be limited to a school selection process with a focus on those with the most need, professional learning supports in literacy, and early reading instruction to:
1. Identify eligible grant applicants, taking into consideration how the grant program described in this section will relate to other grant programs;
2. Specify the criteria for acceptable reading and literacy diagnostic assessments and intervention programs;
3. Specify the criteria for acceptable ongoing assessment of each child to determine his or her reading progress;
4. Establish the minimum evaluation process for an annual review of each grant recipient’s program and progress;
5. Identify the annual data that must be provided from grant recipients;
6. Define the application review and approval process;
7. Establish matching requirements deemed necessary;
8. Define the professional development and continuing education requirements for teachers, library media specialists, administrators, and staff of grant recipients;
9. Establish the conditions for renewal of a two (2) year grant; and
10. Specify other conditions necessary to implement the purposes of this section.
(b) The board shall require that a grant applicant provide assurances that the following principles will be met if the applicant’s request for funding is approved:
1. An evidence-based comprehensive schoolwide reading program will be available;
2. Intervention services will supplement, not replace, regular classroom instruction;
3. Intervention services will be provided to struggling kindergarten through grade three (3) readers within the school based upon ongoing assessment of their needs; and
4. A system for informing parents of struggling readers of the available family literacy services within the district will be established.
(c) The board shall not restrict how a grant applicant utilizes grant funds as it relates to the applicant’s use of funds for professional development, resources, tools, employment of reading interventionists, and other expenses authorized by this section. The grant applicant shall have discretion in allocating grant funds for purposes authorized by this section; however, the board may consider the effectiveness of those uses in reviewing the application.
(4) In order to qualify for funding, the school council, or if none exists, the principal or the superintendent of schools, shall allocate matching funds required by grant recipients under subsection (3) of this section. Funding for professional development allocated to the school council under KRS § 160.345 and for continuing
education under KRS § 158.070 may be used as part of the school’s match. (5) The Department of Education shall make available to schools:
(a) Information concerning successful, evidence-based comprehensive reading programs, diagnostic tools for pre- and post-assessment, and intervention programs, from the Collaborative Center for Literacy Development created under KRS § 164.0207;
(b) Strategies for successfully implementing early reading programs, including professional development support and the identification of funding sources; and
(c) A list of professional development providers offering teacher training related to reading that emphasizes the essential components for successful reading: phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between writing and reading acquisition and motivation to read.
(6) The Department of Education shall submit a report to the Interim Joint Committee on Education no later than November 1 of each year outlining the use of grant funds. The annual report for an odd-numbered year shall include an estimate of the cost to expand the reading diagnostic and intervention fund.
(7) The Department of Education shall report program data to an external evaluator for analysis of the program’s success in meeting the goal of increasing early literacy student outcomes.
Effective: July 1, 2022
History: Amended 2022 Ky. Acts ch. 40, sec. 5, effective March 29, 2022; and ch. 236, sec. 70, effective July 1, 2022. — Amended 2009 Ky. Acts ch. 11, sec. 50, effective June 25, 2009. — Amended 2005 Ky. Acts ch. 127, sec. 3, effective March 18, 2005.
— Created 1998 Ky. Acts ch. 580, sec. 1, effective July 15, 1998.
Legislative Research Commission Note (7/1/2022). This statute was amended by 2022
Ky. Acts chs. 40 and 236. Ch. 236 combined the Education and Workforce Development Cabinet and Labor Cabinet and amended all applicable statutes to remove each and every existing reference to either of those cabinets and insert the name of the successor agency, “Education and Labor Cabinet,” in its place. One such replacement was made in this section, but the amendment of this section in ch. 40 removed the cabinet reference in its entirety, making the name update unnecessary.
Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 9, reads as follows: “Notwithstanding any regulation or rule adopted by the Kentucky Department of Education, any grant application submitted previously to the department in accordance with during the 2021-2022 school year under KRS
158.792 shall be subject to Section 5 of this Act [this statute, as amended by 2022
Ky. Acts ch. 40, sec. 5].”
Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 10, provides that the Act, which amended this statute, may be cited as the Read to Succeed Act.
Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 127, which included an amendment to this section, KRS § 158.792, provides that the Act shall be cited as the Read to Achieve Act of 2005.
(a) “Comprehensive reading program” means any print, nonprint, or electronic medium of reading instruction designed to assist students. For students in kindergarten through grade three (3), program instructional resources shall include instruction in five (5) key areas: phonemic awareness, phonics, fluency, vocabulary, and comprehension;
Terms Used In Kentucky Statutes 158.792
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Intervention services: means any preventive, developmental, corrective, supportive services or treatment provided to a student who is at risk of school failure, is at risk of participation in violent behavior or juvenile crime, or has been expelled from the school district. See Kentucky Statutes 158.441
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) “Reading diagnostic assessment” means an assessment that measures a student’s skills against established performance levels in essential components of reading and identifies students that require intervention in at least one (1) of those components to accelerate the student’s progress toward proficient performance in reading;
(c) “Reading intervention program” means short-term intensive instruction in the essential skills necessary to read proficiently that is provided to a student by a highly trained teacher. This instruction may be conducted one-on-one or in small groups; shall be evidence-based, reliable, and replicable; and shall be based on the ongoing assessment of individual student needs; and
(d) “Reliable, replicable evidence” means objective, valid, scientific studies that:
1. Include rigorously defined samples of subjects that are sufficiently large and representative to support the general conclusions drawn;
2. Rely on measurements that meet established standards of reliability and validity;
3. Test competing theories, where multiple theories exist;
4. Are subjected to peer review before their results are published; and
5. Discover effective strategies for improving reading skills.
(2) The reading diagnostic and intervention fund is created to help teachers and library media specialists improve the reading skills of struggling readers in kindergarten through grade three (3) and to assist schools in employing reading interventionists who specialize in providing those services. The Department of Education, upon the recommendation of the Reading Diagnostic and Intervention Grant Steering Committee, shall provide renewable, two (2) year grants to schools to support teachers and reading interventionists in the implementation of reliable, replicable evidence-based reading intervention programs that use a balance of diagnostic tools and instructional strategies that emphasize phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between writing and reading acquisition and motivation to read to address the diverse learning needs of those students reading at low levels. Any moneys in the fund at the close of the fiscal year shall not lapse but shall be carried forward to be used for the purposes specified in this section.
(3) (a) The Kentucky Board of Education shall promulgate administrative regulations, based on recommendations from the Department of Education
that shall include but not be limited to a school selection process with a focus on those with the most need, professional learning supports in literacy, and early reading instruction to:
1. Identify eligible grant applicants, taking into consideration how the grant program described in this section will relate to other grant programs;
2. Specify the criteria for acceptable reading and literacy diagnostic assessments and intervention programs;
3. Specify the criteria for acceptable ongoing assessment of each child to determine his or her reading progress;
4. Establish the minimum evaluation process for an annual review of each grant recipient’s program and progress;
5. Identify the annual data that must be provided from grant recipients;
6. Define the application review and approval process;
7. Establish matching requirements deemed necessary;
8. Define the professional development and continuing education requirements for teachers, library media specialists, administrators, and staff of grant recipients;
9. Establish the conditions for renewal of a two (2) year grant; and
10. Specify other conditions necessary to implement the purposes of this section.
(b) The board shall require that a grant applicant provide assurances that the following principles will be met if the applicant’s request for funding is approved:
1. An evidence-based comprehensive schoolwide reading program will be available;
2. Intervention services will supplement, not replace, regular classroom instruction;
3. Intervention services will be provided to struggling kindergarten through grade three (3) readers within the school based upon ongoing assessment of their needs; and
4. A system for informing parents of struggling readers of the available family literacy services within the district will be established.
(c) The board shall not restrict how a grant applicant utilizes grant funds as it relates to the applicant’s use of funds for professional development, resources, tools, employment of reading interventionists, and other expenses authorized by this section. The grant applicant shall have discretion in allocating grant funds for purposes authorized by this section; however, the board may consider the effectiveness of those uses in reviewing the application.
(4) In order to qualify for funding, the school council, or if none exists, the principal or the superintendent of schools, shall allocate matching funds required by grant recipients under subsection (3) of this section. Funding for professional development allocated to the school council under KRS § 160.345 and for continuing
education under KRS § 158.070 may be used as part of the school’s match. (5) The Department of Education shall make available to schools:
(a) Information concerning successful, evidence-based comprehensive reading programs, diagnostic tools for pre- and post-assessment, and intervention programs, from the Collaborative Center for Literacy Development created under KRS § 164.0207;
(b) Strategies for successfully implementing early reading programs, including professional development support and the identification of funding sources; and
(c) A list of professional development providers offering teacher training related to reading that emphasizes the essential components for successful reading: phonemic awareness, phonics, fluency, vocabulary, comprehension, and connections between writing and reading acquisition and motivation to read.
(6) The Department of Education shall submit a report to the Interim Joint Committee on Education no later than November 1 of each year outlining the use of grant funds. The annual report for an odd-numbered year shall include an estimate of the cost to expand the reading diagnostic and intervention fund.
(7) The Department of Education shall report program data to an external evaluator for analysis of the program’s success in meeting the goal of increasing early literacy student outcomes.
Effective: July 1, 2022
History: Amended 2022 Ky. Acts ch. 40, sec. 5, effective March 29, 2022; and ch. 236, sec. 70, effective July 1, 2022. — Amended 2009 Ky. Acts ch. 11, sec. 50, effective June 25, 2009. — Amended 2005 Ky. Acts ch. 127, sec. 3, effective March 18, 2005.
— Created 1998 Ky. Acts ch. 580, sec. 1, effective July 15, 1998.
Legislative Research Commission Note (7/1/2022). This statute was amended by 2022
Ky. Acts chs. 40 and 236. Ch. 236 combined the Education and Workforce Development Cabinet and Labor Cabinet and amended all applicable statutes to remove each and every existing reference to either of those cabinets and insert the name of the successor agency, “Education and Labor Cabinet,” in its place. One such replacement was made in this section, but the amendment of this section in ch. 40 removed the cabinet reference in its entirety, making the name update unnecessary.
Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 9, reads as follows: “Notwithstanding any regulation or rule adopted by the Kentucky Department of Education, any grant application submitted previously to the department in accordance with during the 2021-2022 school year under KRS
158.792 shall be subject to Section 5 of this Act [this statute, as amended by 2022
Ky. Acts ch. 40, sec. 5].”
Legislative Research Commission Note (3/29/2022). 2022 Ky. Acts ch. 40, sec. 10, provides that the Act, which amended this statute, may be cited as the Read to Succeed Act.
Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 127, which included an amendment to this section, KRS § 158.792, provides that the Act shall be cited as the Read to Achieve Act of 2005.