2014 Kentucky Revised Statutes CHAPTER 158 - CONDUCT OF SCHOOLS -- SPECIAL PROGRAMS 158.685 Standards of student, program, service, and operational performance to be established -- Educationally deficient school district -- Action to eliminate deficiency -- Education development district. (Expired)
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158.685 Standards of student, program, service, and operational performance
to be established -- Educationally deficient school district -- Action to
eliminate deficiency -- Education development district. (Expired)
(1)
(2)
(3)
(4)
The State Board for Elementary and Secondary Education shall adopt
administrative regulations establishing standards which school districts shall
meet in student, program, service, and operational performance. The State
Board for Elementary and Secondary Education shall promulgate regulations
establishing operational performance standards by January 1, 1991. These
standards shall become effective on July 1, 1991.
The State Board for Elementary and Secondary Education shall declare a
school district to be educationally deficient when, in any school year, the district
fails to meet minimum student, program, service, or operational performance
standards.
The chief state school officer shall provide consultation and assistance to any
school district which has been declared educationally deficient by the State
Board for Elementary and Secondary Education. The school district shall be
provided consultation and guidance relative to programs, services, finances,
personnel, and any other areas where appropriate changes would be
reasonably calculated to eliminate or alleviate the deficiency and in developing
and implementing a district improvement plan pursuant to KRS 158.710. The
changes may include improved personnel administration, more efficient
management practices, and other administrative and academic actions to
improve the local district's performance. The Department of Education shall
submit to the local board and superintendent a list of the services and technical
assistance the department shall provide. The services listed may include
activities and programs offered for the improvement of all districts. The list of
services shall be attached to the district improvement plan when it is submitted
to the State Board for Elementary and Secondary Education for approval.
Failure by an educationally deficient school district to meet the process goals,
interim performance goals, or timelines set in the district improvement plan
shall constitute grounds for removal of the superintendent and local board
members from office and this action shall be initiated by the chief state school
officer pursuant to KRS 156.132 and 156.136. The district shall also be
declared an education development district. The State Board for Elementary
and Secondary Education shall appoint the members of the district's board of
education which shall have all the powers, duties, and responsibilities of an
elected board, except as provided in this section. The appointed members shall
serve a four (4) year term or until the district qualifies for an elected board and
the duly elected members have taken office, whichever occurs first. When a
new superintendent of schools is selected by the local board, the chief state
school officer shall approve the selection before the appointment shall become
official. The local board shall revise the district improvement plan with the
assistance of the Department of Education. The Department of Education shall
continue to provide the district consultation and assistance pursuant to
subsection (3) of this section. Local board elections shall resume in the first
even-numbered year following two (2) consecutive years of meeting the
performance standards set by the State Board for Elementary and Secondary
Education. This section shall not create a statutory cause of action for
educational malpractice by students, their parents or guardians.
History: Expired 1990 Ky. Acts ch. 476, Pt. I, sec. 11, effective June 30, 1996. -Amended 1990 Ky. Acts ch. 476, Pt. I, sec. 10, effective July 13, 1990. -Amended 1988 Ky. Acts ch. 357, sec. 5, effective July 15, 1988. -- Created 1984
Ky. Acts ch. 347, sec. 3, effective July 13, 1984.
Legislative Research Commission Note (7/15/96). Because this statute has
expired as of June 30, 1996, under KRS 158.710(6), references to the State
Board for Elementary and Secondary Education within the statute have not been
changed to the Kentucky Board of Education as required by 1996 Ky. Acts
ch. 362, sec. 6.
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