2014 Kentucky Revised Statutes CHAPTER 158 - CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS 158.6455 System to identify and reward successful schools -- School accountability system -- Consequences for schools not meeting accountability measures -- Review and audit process -- Formula for school accountability and improvement goal -- District accountability -- Appeals of performance judgments.
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158.6455 System to identify and reward successful schools -- School
accountability system -- Consequences for schools not meeting
accountability measures -- Review and audit process -- Formula for
school accountability and improvement goal -- District accountability -Appeals of performance judgments.
It is the intent of the General Assembly that schools succeed with all students and
receive the appropriate consequences in proportion to that success.
(1) (a) After receiving the advice of the Office of Education Accountability; the
School Curriculum, Assessment, and Accountability Council; and the
National Technical Advisory Panel on Assessment and Accountability, the
Kentucky Board of Education shall promulgate administrative regulations
in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A to
establish a system for identifying successful schools. The Kentucky Board
of Education shall identify reports, paperwork requirements, and
administrative regulations from which high performing schools shall be
exempt.
(b) The Kentucky Board of Education shall recognize schools that exceed
their improvement goal and have an annual average dropout rate below
five percent (5%). A student shall be included in the annual average
dropout rate if the student was enrolled in the school of record for at least
thirty (30) days during the school year prior to the day he or she was
recorded as dropping out of school. A student shall not be included in a
school's annual average dropout rate if:
1.
The student is enrolled in a district-operated or district-contracted
alternative program leading to a certificate of completion or a
General Educational Development (GED) diploma; or
2.
The student has withdrawn from school and is awarded a General
Educational Development (GED) diploma by October 1 of the
following school year.
(c) A student enrolled in a district-operated or district-contracted alternative
program shall participate in the appropriate assessments required by the
assessment program established in KRS 158.6453.
(2) (a) After the academic standards are revised and a new student assessment
program is developed pursuant to KRS 158.6453, the Kentucky Board of
Education shall create an accountability system to classify districts and
schools.
(b) The accountability system shall include:
1.
The results of program assessments of arts and humanities,
practical living skills and career studies, and writing programs;
2.
Student assessment results;
3.
School improvement results; and
4.
Other factors deemed appropriate by the board.
(c) The board shall determine how student assessment and program
assessment data from the 2011-2012 and 2012-2013 school years shall
be used and reported within the new accountability system.
(d)
(3)
(4)
(5)
(6)
(7)
Prior to promulgating administrative regulations to revise the
accountability system, the board shall seek advice from the School
Curriculum, Assessment, and Accountability Council; the Office of
Education Accountability; the Education Assessment and Accountability
Review Subcommittee; and the National Technical Advisory Panel on
Assessment and Accountability.
A student's test scores shall be counted in the accountability measure of:
(a) 1.
The school in which the student is currently enrolled if the student
has been enrolled in that school for at least a full academic year as
defined by the Kentucky Board of Education; or
2.
The school in which the student was previously enrolled if the
student was enrolled in that school for at least a full academic year
as defined by the Kentucky Board of Education; and
(b) The school district if the student is enrolled in the district for at least a full
academic year as defined by the Kentucky Board of Education; and
(c) The state if the student is enrolled in a Kentucky public school prior to the
beginning of the statewide testing period.
After receiving the advice of the Office of Education Accountability; the School
Curriculum, Assessment, and Accountability Council; and the National
Technical Advisory Panel on Assessment and Accountability, the Kentucky
Board of Education shall promulgate an administrative regulation in conformity
with KRS 158.6471 and 158.6472 and KRS Chapter 13A to establish
appropriate consequences for schools failing to meet their accountability
measures. The consequences shall be designed to improve the academic
performance and learning environment of identified schools and may include
but not be limited to:
(a) A review and audit process under subsection (5) of this section to
determine the appropriateness of a school's or district's classification and
to recommend needed assistance;
(b) School and district improvement plans;
(c) Eligibility to receive Commonwealth school improvement funds under
KRS 158.805;
(d) Education assistance from highly skilled certified staff under KRS
158.782;
(e) Evaluation of school personnel; and
(f) Student transfer to successful schools.
The Kentucky Board of Education shall promulgate an administrative regulation
in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A
establishing the guidelines for conducting program reviews and audits.
All students who drop out of school during a school year shall be included in a
school's annual average school graduation rate calculation, except as provided
in subsection (1)(b) of this section.
After receiving the advice of the Education Assessment and Accountability
Review Subcommittee, the Office of Education Accountability; the School
Curriculum, Assessment, and Accountability Council; and the National
(8)
Technical Advisory Panel on Assessment and Accountability, the Kentucky
Board of Education may promulgate by administrative regulation, in conformity
with KRS 158.6471 and 158.6472 and KRS Chapter 13A, a system of district
accountability that includes establishing a formula for accountability, goals for
improvement over a two (2) year period, rewards for leadership in improving
teaching and learning in the district, and consequences that address the
problems and provide assistance when the district fails to achieve its goals set
by the board. The board shall revise the district accountability system based on
the revised assessment program, including program and student assessments,
to be implemented in the 2011-2012 school year as required in KRS 158.6453.
After receiving the advice of the Office of Education Accountability; the School
Curriculum, Assessment, and Accountability Council; and the National
Technical Advisory Panel on Assessment and Accountability, the Kentucky
Board of Education shall promulgate administrative regulations in conformity
with KRS 158.6471 and 158.6472 and KRS Chapter 13A, to establish a
process whereby a school shall be allowed to appeal a performance judgment
which it considers grossly unfair. Upon appeal, an administrative hearing shall
be conducted in accordance with KRS Chapter 13B. The state board may
adjust a performance judgment on appeal when evidence of highly unusual
circumstances warrants the conclusion that the performance judgment is based
on fraud or a mistake in computations, is arbitrary, is lacking any reasonable
basis, or when there are significant new circumstances occurring during the
biennial assessment period which are beyond the control of the school.
Effective:March 25, 2009
History: Amended 2009 Ky. Acts ch. 101, sec. 4, effective March 25, 2009. -Amended 2006 Ky. Acts ch. 227, sec. 3, effective July 12, 2006. -- Amended
2004 Ky. Acts ch. 58, sec. 1, effective July 13, 2004; ch. 103, sec. 2, effective
July 13, 2004; and ch. 188, sec. 2, effective July 13, 2004. -- Amended 2000 Ky.
Acts ch. 212, sec. 2, effective July 14, 2000; and ch. 452, sec. 6, effective July
14, 2000. -- Amended 1998 Ky. Acts ch. 598, sec. 12, effective April 14, 1998. -Amended 1996 Ky. Acts ch. 318, sec. 49, effective July 15, 1996; and ch. 362,
sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 256, sec. 4,
effective July 1, 1994; and ch. 408, sec. 3, effective July 15, 1994. -- Created
1990 Ky. Acts ch. 476, Pt. I, sec. 5, effective July 13, 1990.
Legislative Research Commission Note (3/25/2009). The Reviser of Statutes has
altered the internal numbering of subsection (2) of this statute from the way it
appears in 2009 Ky. Acts ch. 101, sec. 4, under the authority of KRS 7.136
(1)(c).
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