Kentucky 2010 HB109 Early Education Assessment and Intervention

identificationCreate a new section of KRS Chapter 158 to define “aphasia,” dyscalculia,” “dysgraphia,” “dyslexia,” “phonemic awareness,” and “scientifically based research”; require the Kentucky Board of Education to promulgate administrative regulations to implement district-wide use of K-3 response-to-intervention system in reading by August 1, 2011, in mathematics by August 1, 2012, and behavior by August 1, 2013; require the Department of Education, on or before January 1, 2011, to make available technical assistance, training and a Web-based resource to assist all local school districts in the implementation of the system and instructional tools based on scientifically based research; require the department to collaborate with other state agencies and organizations; require conformity with 20 U.S.C. 1414(a)(1)(E) for initial evaluations of students with suspected disabilities; require the department to report to the Interim Joint Committee on Education on implementation by November 30, 2011, and annually thereafter; amend KRS 157.200 to conform with the federal definition of a “specific learning disability.


HCS – Clarify that schedule of dates refers to school district reporting on implementation; clarify terminology; make technical corrections.

SCS (1) – Retain original provisions except clarify that the Kentucky Board of Education shall promulgate administrative regulations “for” district-wide use of a response to intervention system by deleting the words “to require.”

SCS (2) – Combine original provisions of HB 109/SCS 1 with original provisions of SB 67/GA, SB 94/GA, HB 142/GA, and create new sections of KRS Chapter 160 to authorize the formation of charter schools within local school districts; define a charter school as a nonsectarian, nonreligoius, non-home-based, tuition free public school or a statewide virtual charter school approved by the Kentucky Department of Education through collaboration with Kentucky Educational Television and local school districts; define terms; provide that local boards of education are the only authorizers of charter schools, except the approval of a statewide virtual charter school; require that charter schools meet high expectations and high performance relating to curriculum, content standards, and student performance; emphasize meeting the needs of all students, especially at-risk students; require detailed application for a charter school to be submitted by October 1 for operation of a school in the following year; define the components that must be in an application; prohibit an application to covert a private school or a nonpublic home-based education program into a charter school or to create a charter school which is a nonpublic home-based educational program; describe the approval process, including public review of an application before the local board of education takes action upon the request; provide for appeal of a local board’s decision; provide that teachers in charter schools be qualified under requirements of the Education Professional Standards Board; provide that charter policies comply with local district bargaining agreements; define role of the Kentucky Board of Education; provide that the state board of Education promulgate administrative regulations to implement charter school provisions; provide flexibility to charter schools, permitting waivers of some administrative and statutory provisions, except those relating to assessment and accountability and others that may be identified by the state board in administrative regulation; provide that students eligible to enroll must live in the district or a contiguous district; specify conditions under which an application may be denied, or a renewal application may be denied, or a charter revoked; limit an initial charter to 3 to 5; cap a renewal charter to 5; create a new section of KRS Chapter 161 to provide that teachers in charter schools continue in KTRS and enable them to continue in existing locally bargained agreements; create a new section of KRS Chapter 157 to describe how funds shall be distributed to a charter school; APPROPRIATION; EMERGENCY.

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