Kentucky – 2011 – SB 160 – Early Education Assessment

AN ACT relating to early education assessment and intervention. Create 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 for district reporting on implementation of a response-to-intervention system in grades K-3 in reading and writing by August 1, 2012, in mathematics by August 1, 2013, and in behavior by August 1, 2014; require the Department of Education 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, 2012, and annually thereafter; amend KRS 157.200 to conform with the federal definition of a “specific learning disability.”.

2 thoughts on “Kentucky – 2011 – SB 160 – Early Education Assessment”

  1. The text of the bill does not refer to funding, and the screening provisions appear to apply to grades K-3 only. But the text of the bill makes it clear that public school students up through age 20 who have a diagnosis of dyslexia will qualify for an IEP.

    Here is the relevant text:

    .”Exceptional children and youth” means persons under twenty-one (21) years of age who differ in one (1) or more respects from same-age peers in physical, mental, learning, emotional, or social characteristics and abilities to such a degree that they need special educational programs or services for them to benefit from the regular or usual facilities or educational programs of the public schools in the districts in which they reside. The Department of Education, through administrative regulations promulgated by the Kentucky Board of Education, shall interpret the statutory definitions of exceptionality. An exceptionality is any trait so defined in this section or by administrative regulations promulgated by the Kentucky Board of Education.

    . Categories of exceptionalities included within, but not limited by, this definition are as follows: ….

    “Specific learning disability” means a disorder in one (1) or more of the psychological processes primarily involved in understanding or using spoken or written language which selectively and significantly interferes with the acquisition, integration, or application of listening, speaking, reading, writing, reasoning, or mathematical abilities. Specific learning disabilities include conditions such as dyslexia, dyscalculia, dysgraphia, developmental aphasia, or perceptual motor disabilities. The disorder is lifelong, intrinsic to the individual, and adversely affects educational performance to the extent that specially designed instruction is required in order for the pupil to benefit from education. Determination of the existence of a specific learning disability shall include documentation that a child does not make sufficient progress in meeting age or grade-level content standards when provided with appropriate instruction and learning experiences delivered by qualified personnel, including the child’s response to scientific, research-based interventions and additional information derived from an individual evaluation.

    Each exceptional student as defined in KRS 157.200 shall have an individualized education program[individual education plan] that shall serve as the centerpiece of the student’s educational career and the communication vehicle between the parents and school personnel. The program[plan] shall enable the parents and school personnel to decide the student’s educational needs, the services needed to achieve those needs, and the anticipated results.

    I don’t know what the practices have been in the past in Kentucky, but in many states parents are told by their schools that dyslexia is a “medical diagnosis” and will not qualify their child for an IEP. This law appears to address that problem.

    Keep in mind that you can get the full text of the proposed bill by using the “Bill Text” or “Status’ links at the top of this page.

  2. Will children that are in higher grade levels that have been diagnosed with dyslexia and are struggling in school & are not benefiting from the no child left behind program qualify for testing or funding for additional services in KY?

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