703 KAR | Title 703 KAR — Education and Workforce Development Cabinet - Board of Education, Department of Education - Bureau of Learning Results Services

Chapter 3 Assistance and Intervention Services

703 KAR 3:205 Management improvement program {#sec-703-kar-3-205 omnilex-key=us-ky-regs-official--title-703--703 KAR 3:205}

Section 1.

(1) The Kentucky Department of Education shall collect data from local school districts pursuant to KRS 158.785(2). The data shall include instructional and operational data routinely submitted by the districts, and other information as requested by the Kentucky Department of Education.

(2) If a review of the data regarding a school district indicates significant deficiencies, the Department of Education staff shall conduct an on-site review.

(3) The on-site review shall include the examination of local school records and interviews with school district officials, staff, and community leaders. The on-site review may include an examination of school district operations in:

(a) Governance policy and procedures;

(b) Instructional programming and organization;

(d) The maintenance and condition of the physical plant;

(e) Facility construction;

(f) Student transportation; and

(g) Community perception and support.

Section 2.

(1) If the data review and school district investigation outlined in Section 1 of this administrative regulation reveal significant deficiencies, the commissioner of education shall determine whether the significant deficiencies indicate the presence of critically ineffective or inefficient management. If it does, the commissioner shall order a management audit consistent with KRS 158.785 and this administrative regulation.

(2) The comprehensive audit shall include an investigation of the district's compliance with state and federal statutes and administrative regulations and local board policies. The audit shall include an on-site review, investigation, and analysis of the governance and administration of the school district to determine if a significant lack of a pattern of efficiency and effectiveness exists in the following areas:

(a) Planning - failure to develop, adopt and implement planning processes that allow for public review and timely action by the board and administration regarding management of the administrative and business activities of the school district and of the management of the instructional program;

(b) Operational support - failure to provide the operational support services required to operate an efficient and effective school system including:

Maintenance and operation of the physical plants - failure of the district to maintain school building cleanliness and safety including:

a. Failure to develop and maintain an accurate record of the maintenance needs and expenditures.

b. Failure to budget and expend funds necessary to maintain the physical plant.

c. Failure to employ maintenance and operation staff who provide clean and safe school buildings.

d. Failure to make efficient use of personnel as indicated by excessive staffing when compared to school districts of similar size and funding.

e. Failure to make repairs that prevent costly and unnecessary maintenance expenditures.

f. Failure to ensure that existing facilities are adequately insured;

Facility construction - failure to manage a school facility construction program that is in compliance with 702 KAR Chapter 4 and is planned, executed, and completed to ensure that public funds are expended in a responsible manner including a failure to:

a. Develop and implement a planning process for identifying the need for new or improved facilities.

b. Maintain an up-to-date facility survey or ensure that regulatory approvals are secured.

c. Develop and implement plans to receive the allowable benefit from School Facilities Construction Commission.

d. Follow proper bidding requirements and develop and maintain accurate records of expenditures and authorization of expenditures on school construction projects.

e. Institute an administrative oversight process to ensure that facility construction activities are efficient and accountable for both local and state funds.

Maintenance and operation of the transportation system to provide and maintain an efficient transportation system including a failure to:

a. Provide training for personnel responsible for the safe transportation of children in accordance with Kentucky Board of Education administrative regulations.

b. Develop and implement policies and procedures regarding the use of district-owned vehicles.

c. Purchase and maintain equipment to safely and efficiently transport children to school.

d. Establish transportation routes that minimize public expenditure and time children spend en route to school.

e. Follow bidding requirements for the purchase of equipment and materials necessary to conduct the school's transportation program.

School food services - failure to develop an efficient system of school food services including a failure to:

a. Develop and maintain an accurate record of school food service expenditures.

b. Utilize federal and local resources to operate a nutritious program in a cost effective manner.

c. Employ school food service staff who provide meals in accordance with federal and state guidelines.

d. Make efficient use of personnel as indicated by excessive staffing when compared to school districts of similar size and funding;

(c) Fiscal management - failure to perform the appropriate planning, budgeting, fund management, and accounting responsibilities required for the fiscal management of the school district including a failure to:

Assess the need for expenditures.
Recommend use of available funds according to an established set of priorities.
Maintain accurate records of expenditures and authorization of expenditures as required for auditing purposes.
Comply with purchasing requirements applicable to school districts.
Implement investment policies to ensure that all public funds are invested safely and productively.

(d) Personnel administration - failure to ensure school district staff are prepared to perform the required professional and staff responsibilities in an effective and efficient manner, including a failure to:

Develop and implement employment practices and procedures that ensure the selection and placement of the most qualified personnel.
Train and evaluate the professional staff of the district as required by applicable laws.

(e) Instructional management - failure to develop and maintain district-level instructional policy including a failure to:

Maintain a curriculum consistent with 703 KAR 4:060 and applicable laws.
Provide the resources necessary to support the instructional program.

(3) Deficiencies identified and established in some or all of the factors listed in this section may constitute a pattern of a significant lack of effectiveness and efficiency in the governance and administration of the school district.

Section 3.

(1) Following the comprehensive audit, the department staff shall prepare a report of the comprehensive audit and the commissioner shall determine if there exists a pattern of a significant lack of effectiveness and efficiency in the governance or administration of the school district.

(2) If the commissioner determines that the comprehensive audit does establish an existing pattern of a significant lack of effectiveness and efficiency and state assistance or state management is necessary to correct the inefficiencies and ineffectiveness, he shall place a recommendation to declare the district "state-assisted" or "state-managed" before the state board as specified in Section 4 of this administrative regulation.

(3) If the commissioner does not place a recommendation before the state board, the department shall convey the comprehensive report to the school district for its information and use.

(4) If the local district agrees with the commissioner's recommendation to declare the district "state-assisted" or "state-managed" and the district waives the right to participate in the hearing before the state board, the commissioner shall place this recommendation before the Kentucky Board of Education for its approval without a hearing.

Section 4. The procedure for submitting a recommendation to the state board regarding the declaration of a school district as a "state-assisted" or "state-managed" district shall include the following:

(1) The commissioner shall file with the state board his written recommendation along with supporting information, and he shall arrange the scheduling of a hearing on the matter before the state board; and

(2) The hearing procedures established in KRS Chapter 13B shall be applicable.

Section 5.

(1) If a school district is declared a state-assisted or state-managed district, the district shall develop and implement an improvement plan that identifies the deficiencies and the corrective actions necessary to improve school district governance and administration. The improvement plan shall be subject to approval by the state board.

(2) The improvement plan shall include:

(a) Specific objectives and strategies to correct deficiencies in defined time frames; and

(b) The identification of local board and individual administrative staff responsibilities and activities that shall be required to improve school district governance and administration.

(3) A school district declared state-assisted shall remain a state-assisted district until:

(a) The commissioner recommends to the state board and it determines that sufficient progress has been made in implementing the improvement plan; or

(b) The state board makes a determination that the district shall be state-managed.

Section 6. The local school district declared a state-assisted or state-managed district shall provide to the commissioner monthly reports indicating the status of improvement activities in the district.

History

RELATES TO: KRS 158.780, 158.785
STATUTORY AUTHORITY: KRS 156.070, 156.160, 158.780, 158.785
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.780 and 158.785 require the Kentucky Board of Education to establish a program for management improvement services for school districts which demonstrate such a critical lack of efficiency or effectiveness in governance or administration that state mandated corrective action or state control of the district is required. This administrative regulation outlines the operational procedures for the management improvement program.
History: 703 KAR 003:205. 20 Ky.R. 241; eff. 9-2-1993; 23 Ky.R. 1434; 2472; eff. 12-5-1996; Crt eff. 11-16-2018; Crt eff. 6-9-2025.

Chapter 5 Assessment and Accountability

703 KAR 5:070 Procedures for the inclusion of special populations in the state-required assessment and accountability programs {#sec-703-kar-5-070 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:070}

Section 1. Kentucky public schools shall comply with Procedures for Inclusion of Special Populations in the State-Required Assessment and Accountability Programs when administering any state-required assessment.

Section 2. Incorporation by Reference.

(1) "Procedures for Inclusion of Special Populations in the State-Required Assessment and Accountability Programs", April 2021, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, Office of Assessment and Accountability, 5th floor, 300 Building, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 158.6451, 158.6453, 158.6455, Pub. L. 114-95
STATUTORY AUTHORITY: KRS 156.029, 156.070, 158.6453, 158.6455
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.6453 requires the Kentucky Board of Education to create and implement a statewide assessment program that measures the achievement of students, schools, and districts; complies with the federal Every Student Succeeds Act of 2015, Pub. L. 114-95; and ensures accountability. KRS 158.6455 requires the Kentucky Board of Education to promulgate administrative regulations to establish a system of determining successful schools and a system of rewards and assistance for certified staff in schools and districts. This administrative regulation establishes procedures for the inclusion of special student populations in the state-required assessment and accountability programs.
History: 25 Ky.R. 2731; 26 Ky.R. 1001; eff. 10-11-1999; 29 Ky.R. 806; eff. 11-12-2002; 30 Ky.R. 1841; 2065; 2301; eff. 4-17-2004; 35 Ky.R. 637; 1220; 2051; eff. 2-12-2009; 40 Ky.R. 1437; 2185; eff. 5-2-2014; 43 Ky.R. 1264; eff. 3-31-2017; 47 Ky.R. 2476; 48 Ky.R. 796; eff. 11-30-2021.

703 KAR 5:080 Administration Code for Kentucky's Educational Assessment Program {#sec-703-kar-5-080 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:080}

Section 1. Incorporation by Reference.

(1) The "Administration Code for Kentucky's Educational Assessment Program", August 2024, is incorporated by reference.

(2) This document may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, Office of Assessment and Accountability, 5th Floor, 300 Sower Boulevard, Frankfort, Kentucky, Monday through Friday, 8 a.m. through 4:30 p.m. This material may be viewed at: https://www.education.ky.gov/AA/distsupp/Documents/703_KAR_5080.pdf.

History

RELATES TO: KRS 158.6453, 158.6455
STATUTORY AUTHORITY: KRS 156.070, 158.6453, 158.6455
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.6453 requires the Kentucky Board of Education to promulgate administrative regulations that minimize the number of days of testing and outline the procedures to be used during the testing process to ensure test security, including procedures for testing makeup days, and to comply with federal assessment requirements. This administrative regulation establishes an Administration Code for Kentucky's Educational Assessment Program for appropriate testing practices for state required tests.
History: 26 Ky.R. 667; eff. 11-1-1999; 35 Ky.R. 638; 2051; eff. 2-12-2009; 36 Ky.R. 159; 1024; eff. 9-14-2009; 40 Ky.R. 1439; 2186; eff. 5-2-2014; Cert eff. 10-23-2020; TAm eff. 3-8-2023; 51 Ky.R. 557; eff. 12-10-2024.

703 KAR 5:140 Requirements for school and district report cards {#sec-703-kar-5-140 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:140}

Section 1. Definitions.

(1) "Average student/teacher ratio" means the total enrollment of the school (end of year membership) divided by the number of teachers on a full-time equivalent (FTE) basis, not including administrators, guidance counselors, or media specialists.

(2) "Average years of experience" means the average number of years of professional experience of classroom teachers excluding certified staff such as administrators, guidance counselors, or media specialists.

(3) "Base year" means the academic year immediately preceding the publication of the school report card components.

(4) "District report card" means the summary of district and school information that shall be published pursuant to KRS 160.463.

(5) "Membership" means the number of kindergarten through grade (12) students enrolled in a school or district as reported by the local superintendent at the close of the year.

(6) "Parent" shall have the same meaning as defined in KRS 160.345(1)(d).

(7) "School" means an institution as defined in KRS 160.345(1)(b).

(8) "School report card" means the public reporting mechanism established pursuant to 20 U.S.C. 6311(h) and KRS 158.6453 (17)(a).

(9) "School safety data" means a list of components as established in Section 2 of this administrative regulation, critical to providing for a safe school environment for students and school staff.

(10) "Spending per student - district" means the current expenditures made divided by the membership in the district.

(11) "Spending per student - school" means the current expenditures made divided by the membership in the school.

(12) "Spending per student - state" means the current expenditures made divided by the membership in the state.

Section 2. School Report Card. In addition to the requirements of 20 U.S.C. 6311(h) and KRS 158.6453(17)(a), a school report card shall include the following information:

(1) The name and address of the school, the name of its principal, telephone, and email contact information, all of which shall be current at the time the card is published;

(2) The membership of the school;

(3) The school level results of all components of Kentucky's accountability system to classify schools and districts, which is established in 703 KAR 5:270, Section 2;

(4) Teacher qualification information, including:

(a) Average years of teaching experience;

(b) The number of teachers certified by the National Board for Professional Standards; and

(c) The professional qualifications of all teachers expressed as percentages, including bachelors, masters, Rank I, specialist, and Ph.D. or Ed.D. degrees;

(5) School safety data including:

(a) Whether visitors are required to sign in;

(b) Whether all parents receive the district discipline code;

(d) Data detailing school safety incidents reported pursuant to 20 U.S.C. 6311(h) and KRS 158.444 as well as additional safety violations required to be reported as part of the Civil Rights Data Collection or another reporting mechanism mandated by state or federal law.

(6) Student resource data including:

(a) Spending per student at the school, district and state level;

(b) Average student to teacher ratios at the school, district, and state level; and

(7) Measures of parental involvement pursuant to KRS 158.6453 (17)(a) including:

(a) Number of students whose parent or guardian had at least one (1) teacher conference;

(b) Number of parents and guardians voting in school based decision making council elections; and

(8) The names of school based decision making council members at the end of the base year.

Section 3. District Report Card. In addition to the requirements of 20 U.S.C. 6311(h) and KRS 158.6453(17)(a), a district report card shall include the following information:

(1) A district level summary of all school data required on the school report card and shall be the aggregation of the school report cards by level (elementary, middle and high);

(2) The name and email address of the current superintendent at the time the card is published;

(3) The names of the members of the local board of education at the end of the base year; and

(4) The professional qualifications of teachers shall be aggregated.

Section 4. Data Verification and Publication.

(1) Prior to publication the principal and the superintendent or a designee shall review and approve the data included in the school and district report cards. Each school report card and district report card shall be published on the Kentucky Department of Education Web site and the applicable school and district Web sites.

(2) If a school or district falsifies data or publishes incorrect information in a component of the report card, it shall supply corrected information to the Department of Education in accordance with timelines set for publication of the School Report Card.

History

RELATES TO: KRS 158.031, 158.6453(17)
STATUTORY AUTHORITY: KRS 158.6453(17)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.6453(17) requires the Kentucky Board of Education to promulgate an administrative regulation to define the implementation and the components of a school and district report card that clearly communicates with parents and the public about school and district performance. This administrative regulation establishes the standards for a school and district report card.
History: 27 Ky.R. 881; 2148; eff. 1-18-2001; 32 Ky.R. 1775; eff. 6-2-2006; 35 Ky.R. 1277; 2052; eff. 2-12-2009; 38 Ky.R. 1391; 39 Ky.R. 31; eff. 7-13-2012; Crt eff. 6-28-2019; 46 Ky.R. 2142; 2801; eff. 7-31-2020.

703 KAR 5:225 Continuous improvement planning for schools and districts {#sec-703-kar-5-225 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:225}

Section 1. Definitions.

(1) "Charter school" means a "public charter school" as defined by KRS 160.1590(12).

(2) "Charter school board of directors" or "governing board" means "charter school board of directors" as defined by KRS 160.1590(6).

(3) "Comprehensive District Improvement Plan" or "CDIP" means a plan developed by the local school district with the input of parents, faculty, staff, and representatives of school councils from each school in the district, based on a review of relevant data that includes targets, strategies, activities, a time schedule to support student achievement and student growth, and to eliminate achievement gaps among groups of students.

(4) "Comprehensive School Improvement Plan" or "CSIP" means a plan developed by the school council, or successor, and charter schools with the input of parents, faculty, and staff, based on a review of relevant data that includes targets, strategies, activities, a time schedule to support student achievement and student growth, and to eliminate achievement gaps among groups of students.

Section 2. Monitoring.

(1) The department shall review and approve all submissions required by this administrative regulation based on compliance with KRS 158.649, 158.6455, 158.782, 160.346, 703 KAR 5:280, the Elementary and Secondary Education Act, 20 U.S.C. 6301 et seq., 2 C.F.R. Part 200, 34 C.F.R. Part 200, and this administrative regulation.

(2) The department shall monitor implementation of each CDIP or CSIP and shall provide guidance based upon information, which may include the following:

(a) Progress reports from the school through the district;

(b) Data reviews;

(d) Other information supplied at the option of the district or school.

(3) In addition to the activities undertaken by the department, each school district or governing board shall monitor compliance of its respective schools.

Section 3. Comprehensive School and District Improvement Plan Process.

(1) Each school or district shall, develop, review, and revise a comprehensive school or district improvement plan.

(2) The structure of a school or district comprehensive improvement plan shall include:

(a) Completion of a narrative summary of the current state of the school between August 1 and October 1 of each school year;

(b) Completion of the needs assessment between October 1 and November 1 of each school year which shall include:

A description of the data reviewed and the process used to develop the needs assessment;
A review of the previous plan and its implementation to inform development of the new plan;
Perception data gathered from the administration of a valid and reliable measure of teaching and learning conditions; and
Any additional requirements made necessary by the receipt of federal funds authorized by the Elementary and Secondary Education Act, 20 U.S.C. 6301 et seq.;

(c) Process for development of the CSIP or CDIP, to be completed between November 1 and January 1 of each school year, which shall include:

Analysis of data to determine causes and contributing factors;
Prioritization of needs; and
Development of goals, objectives, strategies, and activities based on the needs assessment and root cause analysis that shall include targets or measures of success, timelines, persons responsible, a budget that includes resources needed and source of funding, and a process for meaningful stakeholder communications and input;

(d) A set of assurances, approved by and on file with the local board of education. The assurances shall contain a signed declaration by the superintendent that all schools in the district are in compliance with the necessary federal and state requirements for school improvement, including KRS 158.649, 158.6455, 158.782, 160.346, 703 KAR 5:280, the Elementary and Secondary Education Act, 20 U.S.C. 6301 et seq., 2 C.F.R. Part 200, 34 C.F.R. Part 200, and this administrative regulation;

(e) A process for annual review and revision by the school or district;

(f) A district level plan for providing an equitable education to English Learners, to be completed by May 1 of each school year; and

(g) Other components required for school and district improvement, KRS 158.649, 158.6455, 158.782, 160.346, and 703 KAR 5:280. Unless otherwise noted, all additional components of the CSIP or CDIP shall be complete by May 1 of each school year.

(3) Continuous improvement and capacity building shall drive the development of the plan.

(4) Other required components in the process shall include:

(a) A standards-based process for measuring organizational effectiveness that shall include purpose and direction, governance and leadership, teaching and assessing for learning, resources and support systems, and using results for continuous improvement;

(b) A data driven self-evaluation based on the standards, including a means to gather meaningful stakeholder input;

(d) A set of assurances that includes a determination of compliance with each assurance and the ability to upload any supporting documentation needed;

(e) Electronic submission of all elements of the plan;

(f) Monitoring implementation of the plan through implementation and impact checks; and

(g) Evaluation of the effectiveness based on the strategies and activities in the plan.

(5)

(a) The CDIP for each district shall be posted to the district's Web site.

(b) The CSIP for each school shall be posted to the school's Web site.

History

RELATES TO: KRS 158.645, 158.6451, 158.6453, 158.6455, 158.649, 158.782, 160.346, 20 U.S.C. 6301, 6311, 2 C.F.R. Part 200, 34 C.F.R. Part 200, Pub. L. 114-95
STATUTORY AUTHORITY: KRS 158.6453, 158.6455, 158.649, 160.346
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.6453 requires the Kentucky Board of Education to create and implement a balanced statewide accountability system that measures the achievement of students, schools, and districts; complies with the federal Elementary and Secondary Education Act, 20 U.S.C. 6301 et seq., as amended by the Every Student Succeeds Act (ESSA), Pub. L. 114-95; and ensures accountability. KRS 158.6455 requires the Kentucky Board of Education, following the revision of academic standards and development of a student assessment program, to create an accountability system to classify schools and districts, including a formula for accountability, goals for improvement, and rewards and consequences. This administrative regulation establishes the comprehensive school and district improvement plan process, which are key components of the continuous improvement process in Kentucky and ultimately fulfillment of school, district, and state goals under the Kentucky State Plan as required by the ESSA.
History: 38 Ky.R. 1919; 39 Ky.R. 60; 480; eff. 9-10-2012; 41 Ky.R. 2037; 2240; eff. 6-8-2015; 44 Ky.R. 2101, 45 Ky.R. 26, eff. 8-6-2018; 47 Ky.R. 2478; 48 Ky.R. 797; eff. 11-30-2021.

703 KAR 5:240 Accountability administrative procedures and guidelines {#sec-703-kar-5-240 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:240}

Section 1. Definitions.

(1) "Accountable School" means a school that is:

(a) Under administrative control of a principal and eligible to establish a school-based decision-making council; and

(b) Not an alternative education program operated by, or as a part of, another school.

(2) "Alternative education program" is defined by KRS 160.380(1)(b).

(3) "Full Academic Year" means 100 or more instructional days of enrollment within the school year.

(4) "Full-Time Enrolled Online, Virtual and Remote Learning Program" is defined by 704 KAR 3:535, Section 1(5).

Section 2. Assigning Students for School and District Accountability.

(1)

(a) A student enrolled in an accountable school for a full academic year shall be counted in the accountability membership of the accountable school and shall be attributed to the accountable school for accountability purposes.

(b) A student qualifying as an early graduate based on criteria established in 704 KAR 3:305 shall be included in the school's accountability calculation in the year in which the student graduates, whether or not the student has a full academic year of enrollment.

(2) A student enrolled in an accountable school and attending an alternative education program during the year as a result of local school district policies or procedures shall be counted in the accountability membership of the accountable school and shall be attributed to the accountable school for accountability purposes if the student's combined enrollment in the accountable school and alternative education program is a full academic year.

(3) A student enrolled in an alternative education program for a full academic year as a result of local school district policies or procedures without any enrollment in an accountable school during the same year shall be attributed to the accountability of the district that the student would have attended if not enrolled in the alternative education program.

(4) A student not enrolled in any accountable school or an alternative education program for a full academic year, but enrolled in a district for a full academic year, shall be assigned to the district for accountability purposes.

(5) The Department of Education shall monitor alternative school placements. If evidence indicates a district is inappropriately placing students into alternative programs to avoid inclusion in accountability, the district shall be further investigated by the Department of Education.

Section 3. Assigning Students for State Accountability.

(1) Students not attributed to an accountable school or a district, shall be aggregated into a state level accountability report.

(2) If a student, before completing a full academic year in a school or district as established in Section 2 of this administrative regulation, is enrolled in an alternative education program by a court, a governmental agency other than a Kentucky public school or Kentucky school district, the student shall be accountable to the state.

Section 4. Inclusion of Schools in Accountability.

(1) All accountable schools shall receive annual accountability classifications as established in 703 KAR 5:270, for the state's assessment and accountability system.

(2)

(a) For reporting purposes, all alternative education programs and full-time enrolled online, virtual and remote learning programs shall receive annual accountability reports based on tested students.

(b) Reports for alternative education programs and full-time enrolled online, virtual and remote learning programs shall be separate from the accountable school accountability reporting.

(c) The alternative education program and full-time enrolled online, virtual and remote learning program reports shall state the unique features and characteristics of each program and the appropriate uses and limitations of the data.

Section 5. Standard Grade Configuration for Accountability.

(1) Accountable grade level configurations shall be elementary, middle, or high school.

(a) Elementary shall include any configuration of grades K-5 or K-6.

(b) Middle school shall include any configuration of grades 5-8 or 6-8.

(2) An accountable school or an alternative education program or a full-time enrolled online, virtual and remote learning program shall fall into one (1), two (2), or three (3) grade level configurations for accountability reporting.

Section 6. Reporting of Schools with Changed School Service Area.

(1)

(a) For reporting purposes, a school's past data trend shall be removed from public reporting if a school has a significant change in its stable population.

(b) A school shall be considered to have a stable population, if as a result of a change in service area boundaries or local board of education policies affecting student population served by a school, the population of the school remains at sixty (60) percent or higher of its original students from the previous year in the accountability grades.

(c) To determine if the population is stable, the number of students in the stable population shall be divided by the total number of students in the grades included in the accountability calculations.

If the stable population is sixty (60) percent or higher, the school's past trend data shall be reported.
If the stable population is less than sixty (60) percent, the school's past trend data shall not be reported.

(2) A school district shall notify the Department of Education of any school that will have an unstable population compared to the prior year by June 30.

Section 7. Data Review and School or District Appeal of Accountability Classifications.

(1) A written request for a data review shall be submitted to the Department of Education within ten (10) days after the Department of Education officially releases the final accountability classifications as established in 703 KAR 5:270, to the public.

(2) A written appeal of a final accountability classification shall be submitted to the Commissioner of Education within forty-five (45) days after the Department of Education officially releases the accountability classifications. The appeal of a final classification shall:

(a) Identify clearly the basis for the wrongful effect on the calculations used to place a school into a classification; and

(b) State in detail the requested adjustment to be made to the calculations used to place a school into a classification.

(3)

(a) The request for an appeal for a school accountability classification shall be signed by the principal upon approval of the school council. If there is no school council, the request shall also be signed by the superintendent, upon approval of the local board of education.

(b) The request for an appeal for a district accountability classification shall be signed by the superintendent upon approval of the local board of education.

(4)

(a) Department of Education staff shall review the request for an appeal against the standards established in KRS 158.6455(6).

(b) A committee shall be appointed by the Commissioner of Education to review the pending appeals and make recommendations to the Commissioner of Education as to whether or not to dispute an appeal. The committee may include a teacher, a parent, a principal, a district assessment coordinator, a superintendent, and a counselor.

(c) If the appeal is disputed by the department, it shall submit the request to the hearing officer for the Kentucky Board of Education.

(5) The hearing officer shall conduct a hearing in accordance with KRS Chapter 13B. The hearing officer shall submit a written recommended order to the Kentucky Board of Education for the board's consideration in rendering its final order, in accordance with KRS Chapter 13B.

Section 8. Student Participation in State Assessments.

(1)

(a) All students enrolled shall participate at the appropriate grade level for the state-required assessments in grades 3-12.

(b) For assessment and accountability purposes, the state shall not use the primary level designator and all students in grades 3-12 shall be assigned a single grade level. The assigned grade level shall determine the state tests to administer.

(d) Students categorized as English Learners (EL) shall follow testing guidelines established by the federal Every Student Succeeds Act of 2015, 20 U.S.C. 6301 et seq.

(2) For the state assessments in grades 3-12, a school shall test all students during the test window that are enrolled in each accountability grade on the first day of the school's testing window and shall complete a roster in the electronic application provided by the Department of Education.

(3) A student retained in a grade in which state-required assessments are administered shall participate in the assessments for that grade again and shall continue to be included in all accountability calculations.

(4) A student who is suspended or expelled but continues to receive instructional services required under KRS 158.150 shall participate in the state-required assessments.

Section 9. Students Not Participating in State-Required Assessments.

(1) If a student does not participate in state-required assessments, the school at which the student was enrolled on the first day of the testing window shall include the student in the roster in the electronic application provided by the Department of Education.

(2) A student who does not take the state assessments and does not qualify for approved exempted status shall be assigned the lowest reportable score on the appropriate test for accountability calculations.

(3) A student reaching the age of twenty-one (21) years of age who no longer generates state funding under Support Education Excellence in Kentucky shall not be required to participate in state-required assessments.

(4) A student who is expelled and legally not provided instructional services under the standards established in KRS 158.150 shall not be considered to be enrolled for a full academic year and shall not be included in accountability calculations.

(5) If a student has been expelled or suspended at some point during a year and is enrolled but does not complete the state-required assessment, the student shall be included in the accountability calculation.

(6)

(a) If participation in the state-required assessment would jeopardize a student's physical, mental, or emotional well-being, a school or district shall submit a request for medical exemption to the Department of Education for approval. The request shall state the medical condition that warrants exempting a student from the assessments.

(b) An identified disability or handicapping condition alone shall not be considered sufficient reason for granting a medical exemption to state-required assessment and accountability requirements.

(c) A student with an approved medical exemption shall be excluded from state-required assessments and accountability calculations.

(7) If the student moves out of state or to a private school before state-required assessments can be completed in the school or district's announced testing window, the student shall be excluded from accountability calculations.

Section 10. Required Participation in the National Assessment of Educational Progress (NAEP) and State-Required Field Testing.

(1) If a school is selected by the U.S. Department of Education or its designated contractors to participate in NAEP testing, the school shall participate fully.

(2) If a school is selected by the Department of Education to participate in field testing for state assessment purposes, the school shall participate fully.

History

RELATES TO: KRS 36.042, 158.150, 158.6451, 158.6453, 158.6455
STATUTORY AUTHORITY: KRS 158.6453, 158.6455
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.6453(3)(a) and KRS 158.6455(1)(a) require the Kentucky Board of Education to promulgate administrative regulations to create and implement a balanced statewide assessment and accountability program that measures the achievement of students, schools, and districts; complies with the federal Every Student Succeeds Act of 2015, 20 U.S.C. 6301 et seq.; and ensures accountability. This administrative regulation establishes administrative procedures and guidelines for Kentucky's assessment and accountability program.
History: 38 Ky.R. 1407; 39 Ky.R. 32; eff. 7-13-2012; 41 Ky.R. 2042; eff. 6-8-2015; 46 Ky.R. 1029; eff. 4-3-2020; 47 Ky.R. 2480; 48 Ky.R. 798; eff. 11-30-2021; TAm eff. 7-20-2023; 51 Ky.R. 559; eff. 12-10-2024.

703 KAR 5:270 Kentucky's Accountability System {#sec-703-kar-5-270 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:270}

Section 1. Definitions.

(1) "English learner progress indicator" means the combination of individual student growth for status and the difference in school performance for change of English learners toward English language proficiency. For all other indicators, English learners means students currently identified and those who continue to be monitored as English learners.

(2) "Full academic year" means 100 or more instructional days of student enrollment within the school year.

(3) "Grade 12 non-graduates" means all students enrolled in grade 12 at the end of the school year who do not graduate.

(4) "Graduation rate" means the percentage of students who enter high school and receive a diploma based on their cohort in four (4) and five (5) years, adjusting for transfers in and out, émigrés, and deceased students.

(5) "Indicator performance rating" means one (1) of five (5) color-coded performance levels on each state indicator that is determined by combining status and change.

(6) "Individual education program" or "IEP" means an individual education program as defined in 707 KAR 1:002.

(7) "Local education agency" or "LEA" for the purposes of this administrative regulation shall mean a local school district as provided in KRS 160.010 and KRS 160.020 or a charter school board of directors as provided in KRS 160.1590.

(8) "Overall performance rating" means one (1) of five (5) color-coded performance levels that aggregates all available state indicator data that is determined by combining status and change.

(9) "Postsecondary readiness" means the attainment of the necessary knowledge, skills, and dispositions to successfully transition to the next level.

(10) "Proficient" or "proficiency" means reaching the desired level of knowledge and skills as measured on academic assessments.

(11) "Quality of school climate and safety indicator" means the measures of school environment.

(12) "State assessment results for reading and mathematics indicator" means the measure of academic performance for reading and mathematics on state assessments.

(13) "State assessment results for science, social studies, and writing indicator" means the measure of academic performance for science, social studies, and writing on state assessments.

(14) "State indicator" means a component of the accountability system as defined in KRS 158.6455.

(15) "Value table" means a set of numbers that are used to attribute scores to different performance levels.

(16) "Writing" means the content area that includes on-demand writing, and editing and mechanics.

Section 2. Kentucky's accountability system that is used to classify schools and LEAs shall include the state indicators of: state assessment results for reading and mathematics; state assessment results for science, social studies, and writing; English learner progress; postsecondary readiness; quality of school climate and safety; and graduation rate.

(1) The state assessment results for reading and mathematics indicator shall be measured by student performance on state assessments in reading and mathematics.

(2) The state assessment results for science, social studies, and writing indicator shall be measured by student performance on state assessments in science, social studies, and writing.

(3) The English learner progress indicator shall be measured by student performance on an English proficiency test. The English learner progress indicator shall be measured based on a growth value table. Additional tables shall incorporate the federal flexibilities of age upon entry to U.S. schools, initial English language proficiency level, and degree of interrupted schooling.

(4) The quality of school climate and safety indicator shall include perception data from surveys that measure insight to the school environment.

(5) The postsecondary readiness indicator shall be measured at high school for students meeting the following criteria:

(a) Earn a regular or alternative high school diploma plus grade 12 non-graduates; and

(b) Achieve academic readiness or career readiness.

A school shall receive credit for each student demonstrating academic readiness by:

a. Scoring at or above the benchmark score as determined by the Council on Postsecondary Education (CPE) on the college admissions examination or college placement examination;

b. Completing a minimum of three (3) hours of credit in one (1) Kentucky Department of Education approved dual credit course, and receiving a grade of C or higher;

c. Completing one (1) advanced placement (AP) course and receiving a score of three (3) or higher on the AP assessment; or

d. Receiving a score of five (5) or higher on one (1) examination for an international baccalaureate course;

e. Scoring at or above the benchmark on one (1) Cambridge Advanced International examination.

A school shall receive credit for each student demonstrating career readiness by:

a. Scoring at or above the benchmark on industry certifications as approved by the Kentucky Workforce Innovation Board on an annual basis;

b. Qualifying for three (3) or more hours of postsecondary articulated credit associated with a statewide articulation agreement;

c. Completing a minimum of three (3) hours of credit in one (1) Kentucky Department of Education approved CTE dual credit course, and receiving a grade of C or higher;

d. Completing a Kentucky Department of Education approved or labor cabinet-approved apprenticeship; or

e. Successfully completing a Kentucky Board of Education approved cooperative or internship that is aligned with a credential or associate degree and which provides a minimum of 300 hours of on-the-job work experience.

Students participating in the alternate assessment program shall meet criteria based on academic or career alternate assessment requirements.

(6) The graduation rate indicator shall be measured for each high school using the four (4)-year and extended five (5)-year cohort rate. The graduation rate shall be reported for all students and student groups.

Section 3. Classification of Schools and LEAs in the State Accountability System.

(1) Data shall be included in the overall performance rating for schools and LEAs for the following state indicators:

(a) State Assessment Results (reading and mathematics);

(b) State Assessment Results (science, social studies, and writing);

(d) Postsecondary readiness (high school);

(e) Quality of school climate and safety; and

(f) Graduation rate (high school).

(2) Data from individual student performance on state assessments administered as required in KRS 158.6451 and KRS 158.6453 shall be included in the overall performance rating of each school and LEA. This data shall include students with disabilities with IEPs who participate in the alternate assessment program.

(3) Data in the overall performance rating shall be attributed to grade level spans for schools and LEAs as established in this subsection.

(a) Elementary schools shall include data from: state assessment results for reading and mathematics; state assessment results for science, social studies, and writing; English learner progress; and quality of school climate and safety.

(b) Middle schools shall include data from: state assessment results for reading and mathematics; state assessment results for science, social studies, and writing; English learner progress; and quality of school climate and safety.

(c) High schools shall include data from: state assessment results for reading and mathematics; state assessment results for science, social studies, and writing; English learner progress; postsecondary readiness; graduation rate; and quality of school climate and safety.

(d) LEAs shall include data from: school state assessment results for reading and mathematics; state assessment results for science, social studies, and writing, English learner progress; postsecondary readiness; graduation rate; and quality of school climate and safety.

Section 4. Calculations for Reporting Categories.

(1)

(a) State assessment results for reading and mathematics shall be rated equally in elementary, middle, and high schools and LEAs by awarding points as described in subsection (2)(b) of this section.

(b) State assessment results for science, social studies, and writing shall be rated equally in elementary, middle and high schools, and in LEAs by awarding points as described in subsection (2)(b) of this section.

(2)

(a) For any content area (reading, mathematics, science, social studies, and writing) where data are not available, the data of the remaining content areas shall be redistributed proportionally across state assessment results state indicators.

(b) The following value table shall be used to calculate the points for state assessment results in reading and mathematics and state assessment results in science, social studies, and writing:

(3) Progress toward achieving English proficiency by English learners shall be calculated as follows:

(a) Individual growth shall be compared to prior year performance on an English proficiency exam.

(b) The exit benchmark and English learner growth value tables created involving Kentucky educators and advised by technical experts shall be utilized.

(d) The value tables shall be included in the Every Student Succeeds Act Consolidated State Plan and negotiated with the United States Department of Education.

(e) Kentucky shall modify the value table and its use to reflect factors that may impact English learners' progress toward language proficiency, including age upon entry to U.S. schools, initial English language proficiency level, and degree of interrupted schooling.

(4) The quality of school climate and safety indicator shall be rated for elementary, middle, and high schools, and LEAs as established in this subsection. The Kentucky Board of Education shall approve the measures of quality of school climate and safety. Data collected for individual students shall be aggregated to calculate school and district level scores for climate, safety, and overall climate and safety indicator.

(5) Postsecondary readiness shall be calculated by dividing the number of high school graduates plus grade 12 non-graduates who have met measures of postsecondary readiness by the total number of graduates plus grade 12 non-graduates. Credit for students obtaining an industry-recognized certification, licensure, or credential in specialized career pathways in state and regional high demand sectors as approved by Kentucky's Workforce Innovation Board is one and one-quarter (1.25) points. Credit for students obtaining all other readiness indicators is one (1) point.

(6) Graduation rate is the percentage of students completing the requirements for a Kentucky high school diploma compared to the cohort of students beginning in grade 9. The accountability system shall include a four (4) year cohort rate and an extended five (5) year cohort rate. Each rate shall be weighted equally.

(7) The indicator performance rating shall be assigned as follows:

(a) Indicators identified in Section 3 shall have a rating of very low, low, medium, high, or very high by school and LEA for status.

(b) Indicators identified in Section 3 shall have a rating of declined significantly, declined, maintained, increased, or increased significantly by school and LEA for change.

(c) Each state indicator combines status and change and reports an indicator performance level using a color-coded table.

(8) The indicators for each school and LEA as identified in Section 3 of this administrative regulation shall contribute to the overall performance rating of schools and LEAs.

(9) A standard setting process shall be conducted involving Kentucky educators and advised by technical experts to recommend very low to very high performance levels for status and declined significantly to increased significantly for change on each indicator including state assessment results for reading and mathematics, state assessment results for science, social studies, and writing, English learner progress, postsecondary readiness, graduation rate, and quality of school climate and safety.

(10)

(a) An overall performance rating for elementary, middle, and high schools shall be reported using a color rating system to communicate performance of schools, with red being the lowest rating and blue being the highest rating. Color ratings shall include five (5) performance levels from highest to lowest: Blue, Green, Yellow, Orange, and Red. Performance of schools, LEAs, and state shall be reported by level (elementary, middle, and high) as applicable. The School Report Card shall display the color ratings earned for each school, LEA, and state (by level).

(b) The performance on state indicators is combined using the amounts in the Overall Accountability Weights table to generate an overall performance.

(c) As a result of the standard setting process, the committee shall recommend the procedures for determining indicator and overall performance ratings, combining status and change and reflecting the indicator weights. The recommendation from the standards setting committee shall be approved as defined in KRS 158.6455.

(d) Kentucky shall identify schools to determine required federal designations as defined in KRS 160.346 based on the overall performance of the accountability system.

(e) If data cannot be calculated for an indicator, the weights shall be redistributed proportionally to remaining state indicators that shall be reported for the school or LEA.

(11) School accountability indicators shall be assigned as follows:

(a) Students enrolled for a full academic year shall be included in the calculations for state assessment results for reading and mathematics, state assessment results for science, social studies, and writing, English learner progress, quality of school climate and safety, and postsecondary readiness for a school and LEA.

(b) Graduation rate calculations shall be based on the students' final enrollment.

(c) Student demographic groups shall have a minimum of thirty (30) students to be included in school rating calculations.

(d) In accordance with KRS 158.6455, schools and districts shall be placed into one (1) of five (5) color ratings established by a standards-setting process utilizing results from the first operational administration of assessments. The process shall:

Be advised by the Kentucky Department of Education Technical Advisory Panel; the School Curriculum, Assessment and Accountability Council; Local Superintendent Advisory Council, and the Office of Education Accountability; and
Use accepted technical procedures and involve Kentucky school and district administrators and teachers.

Section 5. Additional Public Reporting Requirements.

(1) The Kentucky Department of Education shall report disaggregated data for each state indicator of the state assessment and accountability system.

(2) Progress on long-term and interim goals shall be reported publicly as required by the federal Every Student Succeeds Act and submitted in Kentucky's Consolidated State Plan. Goals shall be developed for every student group, including all students, for academic achievement in each content area of reading, mathematics, science, social studies, and writing; graduation rate based on four (4) year and five (5) year adjusted cohorts; and progress on English proficiency for English learners.

(3) The goal for academic achievement operationalizes both the improvement of proficient and distinguished performance for all students and each student group and the reduction of achievement gaps as defined in KRS 158.649. Each student group of ten (10) or more students shall be reported on the School Report Card. The data shall be suppressed as necessary for reporting to meet the Family Educational Rights and Privacy Act (FERPA).

History

RELATES TO: KRS 158.645, 158.6451, 158.6453, 158.6455, 158.649, 160.346, 20 U.S.C. 6311
STATUTORY AUTHORITY: KRS 158.6453, 158.6455
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.6453 requires the Kentucky Board of Education to create and implement a balanced statewide assessment program that measures the achievement of students, schools, and districts; complies with the federal Every Student Succeeds Act of 2015, 20 U.S.C. secs. 6301 et seq., or its successor; and ensures accountability. KRS 158.6455 requires the Kentucky Board of Education to create an accountability system to classify schools and districts, including a process for annual summative performance evaluations and goals for improvement. This administrative regulation establishes the statewide system of accountability, and meets requirements set forth in the federal Every Student Succeeds Act of 2015 at 20 U.S.C. 6311.
History: 44 Ky.R. 848, 1567, 2008; eff. 2-26-2018; 45 Ky.R. 2179, 2707, 3068; eff. 5-31-2019; 46 Ky.R. 2144; eff. 7-31-2020; 47 Ky.R. 1829; 48 Ky.R. 83, 348; eff. 11-2-2021; 49 Ky.R. 1832; 50 Ky.R. 61; eff. 7-18-2023.

703 KAR 5:280 School improvement procedures {#sec-703-kar-5-280 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:280}

Section 1. Definitions.

(1) "Additional Targeted Support and Improvement" means the process for schools identified pursuant to KRS 160.346(2)(b).

(2) "Advisory leadership team" means the team established pursuant to KRS 160.346(8)(f) and Section 7 of this administration regulation.

(3) "Annual improvement" means a school reaching annual goals, established by the department, in the areas identified for comprehensive support and improvement.

(4) "Audit" means the process established in KRS 160.346(6)-(7).

(5) "Audit team" means the department, which completes the audit pursuant to KRS 160.346(6)-(7).

(6) "Charter school" means a "public charter school" as defined in KRS 160.1590 (14).

(7) "Charter school board of directors" or "governing board" means charter school board of directors as defined in KRS 160.1590(5).

(8) "Comprehensive Support and Improvement" means the process for schools identified pursuant to KRS 160.346(3).

(9) "District" or "school district" means the local school district governed by a local board of education as established in KRS 160.160.

(10) "District audit" means an audit that:

(a) Reviews the functioning of the district and the district's ability to manage an intervention in a school identified for comprehensive support and improvement; and

(b) Meets the requirements of Section 4 of this administrative regulation.

(11) "Evidence based interventions" is defined in the Elementary and Secondary Education Act, as reauthorized by the Every Student Succeeds Act (2015), 20 U.S.C.A. Section 7801.

(12) "Local education agency" or "LEA" means a local school district as established in KRS 160.010 and KRS 160.020 or a charter school board of directors as established in KRS 160.1590.

(13) "Minority" is defined in KRS 160.345(1)(a).

(14) "School audit" means an audit that:

(a) Reviews the functioning of a school;

(b) Assesses principal capacity for leadership of school turnaround; and

(15) "School improvement assistance" means a program designed by the department to support improved teaching, learning, and leadership development.

(16) "School improvement plan" means the plan created by schools identified for targeted support and improvement or additional targeted support and improvement pursuant to KRS 160.346(4)-(5) and embedded in the comprehensive school improvement plan required pursuant to 703 KAR 5:225.

(17) "Targeted Support and Improvement" means the process for schools identified pursuant to KRS 160.346(2)(a).

(18) "Turnaround plan" means the plan created pursuant to KRS 160.346(8)(g) and embedded in the comprehensive school improvement plan required pursuant to 703 KAR 5:225.

(19) "Turnaround team" means the team selected pursuant to KRS 160.346(8)(a).

Section 2. Audit Team Membership.

(1) Pursuant to KRS 160.346(6)(a), a school, including a charter school, identified for comprehensive support and improvement shall undergo an audit conducted by the department.

(2) Members of the audit team shall be selected from qualified applicants by the department, and approved by the commissioner or his designee;

(3) Members shall complete department-provided or department-approved training in any areas needed to effectively perform their duties;

(4) Members shall hold appropriate certification or qualifications for the position being represented;

(5) The team shall not include any members currently employed by or otherwise affiliated with the LEA or school under review;

(6) The team shall include the following representation:

(a) The chairperson, who shall be designated by the department or its designee, and shall be:

A certified administrator approved by the department to provide school improvement assistance;
A certified administrator member of the review team; or
A similarly qualified professional approved by the department;

(b) An individual approved by the department to provide school improvement assistance;

(d) A principal who is currently serving or has served as a principal within the last three (3) years;

(e) An LEA administrator who is currently serving or has served in an LEA administrative position within the last three (3) years;

(f) A parent or legal guardian who has or has had a school-aged child within the last three (3) years; and

(g) For schools having eight (8) percent or more minority students enrolled, as determined by the enrollment on the preceding October 1, at least one (1) minority member who may serve in addition to the six (6) members or may be identified from among the six (6) members.

(7) The chair may serve in addition to the six (6) members outlined in subsection (6) of this section, or may be selected from those six (6) members who also meet the qualifications of this section.

Section 3. School Audit.

(1) A school audit shall be scheduled within forty-five (45) days of a school's identification for comprehensive support and improvement.

(2) In addition to the requirements established in KRS 160.346(7), a school audit shall consist of and incorporate into the audit process and report the following criteria:

(a) Analysis of state and local education data;

(b) Analysis and recommendation regarding the principal's capacity to lead turnaround in a school identified for comprehensive support and improvement;

(d) Interviews with students, parents, all school council members, if applicable, school and LEA personnel, and community members;

(e) Direct observation;

(f) Administration of teacher and principal working conditions surveys and student satisfaction surveys;

(g) Review of school council minutes and agendas, if applicable; and

(h) Other information deemed necessary by the commissioner or his designee.

(3) The recommendation of the principal's ability to lead the intervention in the school, as required by (2)(b) of this section, shall be based upon an assessment consistent with the Professional Standards for Educational Leaders approved by the National Policy Board for Educational Administration and incorporated by reference in 16 KAR 3:090, Certifications for advanced educational leaders.

(4) Charter schools shall be subject to a school audit that shall include an addendum providing a determination regarding the governing board's capacity to provide support for turnaround. Each addendum shall include:

(a) Analysis of state and local education data;

(b) A review of the governing board's level of functioning and recommendation to the commissioner as to whether the governing board has the capacity to manage the intervention in the charter school;

(d) Direct observations;

(e) Administration of teacher and principal working conditions surveys and student satisfaction surveys;

(f) Review of charter school governing board minutes and agendas; and

(g) Other information deemed necessary by the commissioner, or his designee, to assess the functionality of the governing board to support school improvement.

Section 4. District Audit.

(1) A district shall be subject to a district audit upon identification of a school within the district for comprehensive support and improvement.

(2) Within forty-five (45) days of identification by the department of a district containing a school identified for comprehensive support and improvement, an audit shall be scheduled to review the functioning of the district's administration and its specific leadership capacity related to each school identified for comprehensive support and improvement.

(3) Each district audit shall include:

(a) Analysis of state and local education data;

(b) A review of the district's level of functioning and recommendation to the commissioner as to whether the district has the capacity to manage the intervention in each identified school;

(d) Interviews with local board members, students, parents, school and district personnel, and community members;

(e) Direct observation;

(f) Administration of teacher and principal working conditions surveys and student satisfaction surveys;

(g) Review of school board minutes and agendas; and

(h) Other information deemed necessary by the commissioner, or his designee, to assess the functionality of the district to support school improvement.

(4) The determination of the district's level of functioning and ability to manage the intervention in the school identified for comprehensive support and improvement shall be based upon an assessment of capacity in the following areas:

(a) The district demonstrates maintenance and communication of a visionary purpose and direction committed to high expectations for learning as well as shared values and beliefs about teaching and learning;

(b) The district leads and operates under a governance and leadership style that promotes and supports student performance and system effectiveness;

(c) The district establishes a data-driven system for curriculum, instructional design, and delivery, ensuring both teacher effectiveness and student achievement;

(d) The district ensures that systems are in place for accurate collection and use of data;

(e) The district ensures that systems are in place to allocate human and fiscal resources to support improvement and ensure success for all students; and

(f) The district ensures that a comprehensive assessment system, which generates a range of data about student learning and system effectiveness and uses the results to guide continuous improvement, is implemented.

(5) There shall be only one (1) district audit per district, per year, regardless of the number of schools identified for comprehensive support and improvement located in the district.

(6) No district, regardless of the number of schools identified for comprehensive support and improvement, shall have more than one (1) district audit every three (3) years.

Section 5. Notification to Schools and LEAs of Audit Findings.

(1) Following any school audit, the audit team shall submit all findings and the principal capacity recommendation to the commissioner.

(2) Following any charter school or district audit, the district or governing board audit findings and capacity recommendations shall be submitted to the commissioner who shall then make a determination regarding the district or governing board's level of functioning and whether the district or governing board has the capacity to manage the intervention in each identified school.

(3) After completion of the initial school or district audits and within thirty (30) days of receiving the audit findings, the commissioner shall notify in writing the school, district or governing board, and the charter authorizer of the audit findings and recommendation regarding principal or school leader's leadership capacity and authority and a determination regarding district or governing board's leadership capacity and authority. The superintendent shall then make any necessary determination regarding the principal or other certified staff pursuant to KRS 160.346(8)(c)-(d).

(4)

(a) A school, including a charter school, or district that believes the recommendation regarding the principal or school leader's leadership capacity and authority or the district or governing board's leadership capacity and authority is grossly unfair may appeal such recommendation within fifteen (15) days after the commissioner notifies the school, district or governing board, and the charter authorizer of the audit findings, as described in subsection (3);

(b) The written request for an appeal shall be submitted by mail to the department at the Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601 and shall identify:

The reason(s) and supporting evidence that the recommendation regarding the principal or school leader's leadership capacity and authority or the district or governing board's leadership capacity and authority is believed to be grossly unfair; and
The requested adjustment to be made to the recommendation regarding the principal or school leader's leadership capacity and authority or the district or governing board's leadership capacity and authority; and

(c) The request for an appeal shall be signed by the superintendent of the district or comparable leader of the charter school upon approval of the local board of education or governing board.

(5)

(a) Upon receipt of the request for an appeal filed under subsection (4), the commissioner, or his designee, shall review such appeal against the standards set forth in either Section 3(3), if the appeal relates to the recommendation regarding the principal or school leader's leadership capacity and authority, or Section 4(4), if the appeal relates to the district, or Section 3(4), if it relates to a charter school's governing board's leadership capacity and authority, to determine whether to dispute the appeal;

(b) Within thirty (30) days of the request for an appeal filed under subsection (4), the commissioner shall determine whether to:

Adopt the requested adjustment to the recommendation regarding the principal or school leader's leadership capacity, and authority or the district or governing board's leadership capacity and authority, set forth in the request for an appeal as required by subsection (4)(b)2.; or
Dispute the requested adjustment to the recommendation regarding the principal or school leader's leadership capacity and authority, or the district or governing board's leadership capacity and authority, set forth in the request for an appeal as required by subsection (4)(b)2.;

(c) If the request for an appeal is disputed by the commissioner, an appeal shall be submitted to the hearing officer for the Kentucky Board of Education; and

(d) The hearing officer appointed shall conduct a hearing in accordance with KRS Chapter 13B and submit a written recommended order to the Kentucky Board of Education for the board's consideration in rendering its final order, in accordance with KRS Chapter 13B.

Section 6. Turnaround Team and Development of Turnaround Plan for School Identified for Comprehensive Support and Improvement.

(1) The turnaround team shall be comprised of team members selected by the department in collaboration with the superintendent and approved by the commissioner, or his designee, and the local board of education or charter school governing board to provide school improvement assistance.

(2) The turnaround team shall be responsible for the following activities:

(a) Leading the development and initial implementation of the three (3) year turnaround plan;

(b) Providing rigorous support and capacity-building in instructional leadership, curriculum, and school-level systems for improvement;

(c) Monitoring the school's progress toward turnaround plan goals, including conducting regular data and implementation reviews;

(d) Advising the superintendent and principal on staffing, scheduling, resource allocation, and professional learning aligned with turnaround objectives;

(e) Collaborating with the school principal to establish systems that support evidence-based instructional practices and equitable learning environments;

(f) Providing relevant professional learning for teachers;

(g) Supporting the transition of improvement efforts to the Advisory Leadership Team prior to exit from CSI status; and

(h) Other activities deemed necessary by the commissioner to support school turnaround.

(3) A school, including a charter school, identified for comprehensive support and improvement shall be eligible to apply for funding under 20 U.S.C. 6303. Any funds awarded to a school pursuant to 20 U.S.C. 6303 shall be utilized to pay for turnaround activities.

(4) Within forty-five (45) days after the commissioner notifies the school, district or governing board, and the charter authorizer of the audit findings, as described in Section 5(3) of this administrative regulation, the turnaround team shall develop a turnaround plan pursuant to KRS 160.346(8)(g).

(5) In addition to the requirements established in KRS 160.346(8)(g), the turnaround plan shall be embedded in the comprehensive school improvement plan required pursuant to 703 KAR 5:225 and shall include:

(a) Evidence-based interventions to be utilized to increase student performance and address the critical needs identified in the school audit;

(b) A comprehensive list of persons and entities involved in the turnaround efforts and the specific roles each shall play in the school's turnaround; and

(c) A review of resource inequities that shall include an analysis of school level budgeting to ensure resources are adequately channeled towards school improvement.

(6) The turnaround plan shall be approved by the superintendent and local board of education, as required by KRS 160.346(8)(g), who shall provide the necessary support and resources for the turnaround plan and submit the turnaround plan to the commissioner for final approval.

(7)

(a) Following receipt of the turnaround plan specified in subsection (6) of this section and before the beginning of the school year following the audit, the commissioner, in consultation with the advisory leadership team, superintendent, and local board of education, shall determine the sufficiency of the school's turnaround plan to meet the needs of the school's turnaround effort.

(b) If the commissioner finds that the plan is not sufficient to meet the needs of the school turnaround effort for a school identified for comprehensive support and improvement, the department shall provide feedback detailing the deficiencies and advise the LEA and school to make changes to the plan.

Section 7. Advisory Leadership Team.

(1) The principal or charter school leader of a school identified for comprehensive support and improvement shall provide to the department, in a format acceptable to the department, the names and addresses of advisory leadership team members appointed pursuant to KRS 160.346(8)(f).

(2) The department shall maintain a database of all advisory leadership team members appointed pursuant to KRS 160.346(8)(f).

(3) In establishing the advisory leadership team, the principal or charter school leader shall ensure that schools having eight (8) percent or more minority students enrolled, as determined by the enrollment on the preceding October 1, shall have at least one (1) minority member serving on the advisory leadership team.

(4) Meetings of the advisory leadership team shall be conducted in accordance with the Kentucky Open Meetings Act or its successor. The advisory leadership team, in collaboration with the principal, shall determine the frequency of and agenda for their meetings.

(5) The advisory leadership team shall function as a consultative body. The duties of the advisory leadership team shall include:

(a) Serving as a representative voice of the school community during the turnaround process;

(b) Providing support for systems that seek to build capacity in school leadership;

(c) Promoting a positive school culture focused on distributed leadership, continuous improvement, and high expectations for all students;

(d) Supporting the continual use of evidence-based decision-making to support school improvement;

(e) Supporting transparent communication with stakeholders by reviewing progress data and helping to disseminate key information; and

(f) Retaining institutional knowledge and supporting continuity of improvement practices after the departure of the turnaround team.

Section 8. Monitoring and Periodic Review of Plan Implementation.

(1) Pursuant to the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act, 20 U.S.C.A. Section 6301, all schools identified for comprehensive support and improvement shall be subject to monitoring and periodic review by the department.

(2) Monitoring shall include:

(a) Onsite support by department staff;

(b) Annual review of school and LEA state accountability data;

(d) Other measures deemed necessary by the department to ensure compliance with the Every Student Succeeds Act, or its successor.

(3) Periodic review of the turnaround plan shall include:

(a) Periodic site visits;

(b) Direct observation; and

(c) Interviews with students, parents, all school council members, if applicable, school and LEA personnel, and community members.

Section 9. Additional Requirements.

(1) All schools identified for comprehensive support and improvement shall participate in all professional learning activities deemed necessary by the department to support the implementation of evidence-based instructional practices, instructional materials, and assessments.

(2) Each superintendent or public charter school board of directors shall adopt evidence-based curriculum and high-quality instructional materials. Such materials must be reviewed and approved by the department prior to purchase. This requirement must be fulfilled within eighteen (18) months from the notice of identification.

Section 10. More Rigorous Intervention.

(1) Schools identified for comprehensive support and improvement that do not make any annual improvement for two (2) consecutive years or exit that status after three (3) years shall be subject to intervention by the department including but not limited to:

(a) A school audit conducted by the department;

(b) Onsite assistance by department staff;

(d) Evaluation of the district's support of the implementation of the turnaround plan.

(2) Schools eligible for more rigorous intervention under this section shall be subject to an audit by the department every two (2) years, or as deemed necessary by the commissioner.

(3) Districts serving any number of schools identified for comprehensive support and improvement that do not make any annual improvement for two consecutive years or exit after three (3) years shall be subject to a district audit. Additional district audits for districts serving schools identified for comprehensive support and improvement that do not exit that status shall occur every three (3) years, or as deemed necessary by the commissioner. No district, regardless of the number of schools identified for comprehensive support and improvement that fail to exit that status, shall have more than one (1) district audit every three (3) years.

Section 11. Targeted Support and Improvement and Additional Targeted Support and Improvement.

(1) Upon identification as a school for targeted support and improvement or additional targeted support and improvement, the identified school shall comply with the requirements of KRS 160.346(4)-(5). The school improvement plan shall be embedded in the comprehensive school improvement plan required pursuant to 703 KAR 5:225.

(2) LEAs with a school identified for targeted support and improvement or additional targeted support and improvement shall monitor and provide support to the school to ensure the successful implementation of the school improvement plan.

Section 12. Significant Number of Schools.

(1) In addition to providing notification to LEAs as to the identification of schools for comprehensive support and improvement, additional targeted support and improvement, or targeted support and improvement, the department shall notify LEAs as to whether they shall be considered an LEA supporting a significant number of schools identified for comprehensive support and improvement or targeted support and improvement, including additional targeted support and improvement.

(2) To determine whether an LEA meets this designation, the department shall calculate, based on the total number of A1 schools, as defined in 703 KAR 5:240, in the LEA, the LEA's percentage of schools identified for comprehensive support and improvement or targeted support and improvement, including additional targeted support and improvement. Any LEA containing two (2) or more schools identified for comprehensive support and improvement or targeted support and improvement, including additional targeted support and improvement, and whose percentage of identified schools exceeds ten (10) percent of all schools within the district shall be designated an LEA supporting a significant number of schools identified for comprehensive support and improvement or targeted support and improvement, including additional targeted support and improvement.

Section 13. Technical Assistance for LEAs Supporting a Significant Number of Schools Identified for Comprehensive Support and Improvement.

(1) LEAs supporting a significant number of schools identified for comprehensive support and improvement shall receive the following technical assistance:

(a) A district audit, or school audit if a charter school, conducted by the department; and

(b) Onsite support from department staff.

(2) The district audit, or school audit if a charter school, completed by the department pursuant to subsection (1)(a) of this section shall take the place of any district or school audit conducted under Sections 3 and 4 of this administrative regulation.

(3) Department staff shall:

(a) Coordinate with the LEA to ensure direct support of schools identified for comprehensive support and improvement;

(b) Review, via the district or school audit, if a charter school, resources and allocations to determine if they are being used effectively for school improvement;

(d) Work with the LEA to develop sustainable systems to support school improvement.

Section 14. Technical Assistance for LEAs Supporting a Significant Number of Schools Identified for Targeted Support and Improvement.

(1) LEAs supporting a significant number of schools identified for targeted support and improvement, including additional targeted support and improvement, shall receive the following technical assistance:

(a) Periodic site visits; and

(b) Onsite support by department staff.

(2) Department staff shall:

(a) Review LEA resources and allocations to determine if they are being used effectively for school improvement;

(b) Provide technical assistance to the LEA regarding resource allocation to support school improvement; and

Section 15. Exit Criteria.

(1) A school identified for comprehensive support and improvement pursuant to KRS 160.346(3)(a) or (c) shall exit that status if:

(a) It no longer meets the criteria for identification; and

(b) It demonstrates progress on the data that served as the basis for identification.

(2) Schools identified for comprehensive support and improvement pursuant to KRS 160.346(3)(b) shall exit that status if they no longer meet the criteria for identification.

(3) Schools identified for comprehensive support and improvement as a result of more than one (1) criteria shall exit if all relevant exit criteria are met.

(4) Schools identified for targeted support and improvement pursuant to KRS 160.346(2)(a) or additional targeted support and improvement pursuant to KRS 160.346(2)(b) shall exit that status if they:

(a) No longer meet the criteria for identification; and

(b) Demonstrate progress on the data that served as the basis for identification.

(5) Schools identified for additional targeted support and improvement pursuant to KRS 160.346(2)(b) that do not exit that status within three (3) years shall be identified for comprehensive support and improvement pursuant to KRS 160.346(3)(c).

Section 16. School-Based Decision-Making Council Authority Reinstatement.

(1) Within sixty (60) days from the date of eligibility listed in the CSI exit notification letter, the local board of education shall consider the issue of school-based decision-making council authority reinstatement at a regularly scheduled board meeting.

(2) Should a local board of education reinstate the council's authority, the school shall hold council elections following the procedures established by the relevant constituent groups prior to the suspension of the council's authority.

(3) Should a local board of education decline to reinstate the council's authority, it shall provide the following:

(a) A rationale for declining to reinstate the council's authority;

(b) A list of criteria that the school must meet in order to seek reconsideration of the decision; and

(4) Should a local board of education decline to reinstate the council's authority, the advisory leadership team shall remain in place until council authority is reinstated.

History

RELATES TO: KRS 158.6453, 158.6455, 158.782, 160.346, 20 U.S.C. 6301
STATUTORY AUTHORITY: KRS 156.029, 156.070(5), 158.6453, 158.6455, 160.346, 20 U.S.C. 6301
NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.029 (9) requires the Kentucky Board of Education (KBE) to adopt policies and administrative regulations that shall govern the Kentucky Department of Education (department) in planning and operating programs within its jurisdiction. KRS 156.070(5) requires the KBE, upon the recommendation of the Commissioner of Education (commissioner), to establish policy or act on all programs, services, and other matters that are within the administrative responsibility of the department. KRS 158.6453(3)(a) requires the KBE to create an assessment system that measures achievement of the state learning goals, ensures compliance with Title I of the federal Elementary and Secondary Education Act of 1965 (ESEA), 20 U.S.C. sec. 6301, et seq., as amended by the Every Student Succeeds Act (2015) or its successor, and ensures school accountability. KRS 158.6455 requires the KBE to create an accountability system to classify schools and LEAs, and to establish appropriate consequences for schools failing to meet accountability measures. KRS 158.782 requires the KBE to promulgate administrative regulations establishing the process for monitoring and periodic review of schools' turnaround efforts for schools identified for comprehensive support and improvement pursuant to KRS 160.346. KRS 160.346 establishes the process for the required audit and turnaround efforts for schools identified for comprehensive support and improvement. Additionally, KRS 160.346 requires the KBE to create state-wide exit criteria for identified schools, additional action to support schools continuously failing to meet improvement goals, and additional support for LEAs with a significant number of schools identified for comprehensive and targeted support and improvement. Section 1111(c) of Title I of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, 20 U.S.C. 6311(c) and (d), requires the KBE to identify the state's lowest achieving schools as schools identified for comprehensive support and improvement and for those schools to follow the requirements of 20 U.S.C. 6311(c) and (d) regarding school improvement. This administrative regulation establishes the process and procedures for school improvement efforts.
History: 703 KAR 005:280. 44 Ky.R. 2158, 2351, 45 Ky.R. 29; eff. 6-17-2018; 46 Ky.R. 1032, 2087, 2402; eff. 4-3-2020; 47 Ky.R. 1458, 2405; eff. 8-3-2021; 52 Ky.R. 498; eff. 4-7-2026.

Title 703 KAR — Education and Workforce Development Cabinet - Board of Education, Department of Education - Bureau of Learning Results Services

Chapter 3 Assistance and Intervention Services

703 KAR 3:205 Management improvement program {#sec-703-kar-3-205 omnilex-key=us-ky-regs-official--title-703--703 KAR 3:205}

Chapter 5 Assessment and Accountability

703 KAR 5:070 Procedures for the inclusion of special populations in the state-required assessment and accountability programs {#sec-703-kar-5-070 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:070}

703 KAR 5:080 Administration Code for Kentucky's Educational Assessment Program {#sec-703-kar-5-080 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:080}

703 KAR 5:140 Requirements for school and district report cards {#sec-703-kar-5-140 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:140}

703 KAR 5:225 Continuous improvement planning for schools and districts {#sec-703-kar-5-225 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:225}

703 KAR 5:240 Accountability administrative procedures and guidelines {#sec-703-kar-5-240 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:240}

703 KAR 5:270 Kentucky's Accountability System {#sec-703-kar-5-270 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:270}

703 KAR 5:280 School improvement procedures {#sec-703-kar-5-280 omnilex-key=us-ky-regs-official--title-703--703 KAR 5:280}

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