2021 Kentucky Revised Statutes Chapter 158 - Conduct of schools -- special programs 158.6455 School accountability system -- List of certifications, licensures, and credentials -- Reimbursement for assessment -- Consequences for schools that fail to exit support status -- Components of accountability system -- Appeals of performance judgments -- Report.
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158.6455 School accountability system -- List of certifications, licensures, and
credentials -- Reimbursement for assessment -- Consequences for schools that
fail to exit support status -- Components of accountability system -- Appeals of
performance judgments -- Report.
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) The Kentucky Board of Education shall create an accountability system to
classify districts and schools in accordance with the academic standards and
student assessment program developed pursuant to KRS 158.6453.
(b) The accountability system shall include an annual meaningful differentiation
of all public schools in the state using multiple measures that describe the
overall performance of each district, school, and student subgroup.
Performance shall be based on a combination of academic and school quality
indicators and measures, hereinafter called "state indicators." The state
indicators shall exclusively include:
1.
Student assessment results;
2.
Progress toward achieving English proficiency by limited English
proficiency students;
3.
Quality of school climate and safety;
4.
High school graduation rates;
5.
Postsecondary readiness for each high school student, which shall be
included as an academic indicator, and shall be measured by:
a.
Meeting or exceeding a college readiness benchmark score on the
college admissions examination used as the statewide assessment
in KRS 158.6453(5)(b)5. or a college placement examination
approved by the Council on Postsecondary Education. The college
readiness benchmark score shall be established by the Council on
Postsecondary Education; or
b.
Achievement of college credit, postsecondary articulated credit,
apprenticeship time toward a credential or associate degree, or any
industry-recognized certifications, licensures, or credentials, with
more weight in accountability for industry-recognized
certifications, licensures, or credentials identified as high demand
in accordance with the process described in paragraph (e) of this
subsection. Eligible industry-recognized certifications, licensures,
or credentials shall not be limited to those earned in conjunction
with a minimum sequence of courses. Each high school shall
publicly report the credits, hours, and credentials on an annual
basis; and
6.
Any other factor mandated by the federal Every Student Succeeds Act of
2015, Pub. L. No. 114-95, or its successor.
(c) 1.
Beginning with data from the 2020-2021 and 2021-2022 school years,
the accountability system performance for each district, school, and
(d)
(e)
(f)
student subgroup determined by the state indicators shall be based on a
combination of annual performance, hereinafter called "status," and
improvement over time, hereinafter called "change."
2.
Status and change shall receive equal weight in determining overall
performance. For all students as a group and separately for individual
subgroups, status shall be determined, beginning with the data from the
2020-2021 academic year, by using the current year performance and
change shall be determined, beginning with the data from the 2021-2022
academic year, by using the difference in performance from the prior to
current year, except change shall be based on the difference in
performance for the prior three (3) years for the purpose of determining
the lowest-performing five percent (5%) of schools under KRS
160.346(2) and (3).
3.
For each state indicator, there shall be five (5) status levels ranging from
very high to very low and five (5) change levels ranging from increased
significantly to declined significantly.
4.
The percentile cut scores for status and change levels shall be based on
distribution and shall be approved by the Kentucky Department of
Education and the Local Superintendents Advisory Council. The cut
scores shall remain in place for at least six (6) years unless existing cut
scores no longer support meaningful differentiation of schools as
required by the federal Every Student Succeeds Act of 2015, Pub. L. No.
114-95, or its successor.
Beginning in the fall of 2022, the Kentucky Department of Education shall
develop an online display of the accountability system results hereinafter
called a "dashboard." A color-coded performance level for each state indicator
shall be displayed in a straightforward manner on the dashboard for overall
performance, status, and change by district, school, and individual subgroups.
Overall performance shall aggregate all available data for the state indicators.
Based on data from the Kentucky Center for Education and Workforce
Statistics, each local workforce investment board, in conjunction with local
economic development organizations from its state regional sector, shall
annually compile a list of industry-recognized certifications, licensures, and
credentials specific to the state and regional workforce area, rank them by
demand for the state and regional area, and provide the list to the Kentucky
Workforce Innovation Board. The Kentucky Workforce Innovation Board, in
conjunction with the Kentucky Department of Education, may revise the lists
before the Kentucky Department of Education disseminates the lists to all
school districts to be used as postsecondary readiness indicators.
1.
The Kentucky Department of Education shall pay for the cost of an
assessment taken by a high school student for attaining an industryrecognized certification, credential, or licensure if the student
consecutively completes at least two (2) related career pathway courses
approved by the department prior to taking the assessment.
2.
(2)
(3)
(4)
If a high school student has not completed the two (2) course
requirement described in subparagraph 1. of this paragraph but meets
performance-based experience eligibility and passes an assessment, the
department shall provide a weighted reimbursement amount to the
school district for the cost of the assessment based on the level of
demand of the certificate, credential, or license earned. The Kentucky
Board of Education shall promulgate regulations establishing the
performance-based experience eligibility requirements and weighted
reimbursement amounts.
(g) 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
department's technical advisory committee.
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 department's
technical advisory committee, 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 more rigorous action, intervention, and appropriate
consequences for schools that fail to exit comprehensive support and improvement
status described in KRS 160.346. 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 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; and
(e) Observation of school personnel.
All students who drop out of school during a school year shall be included in a
school's annual average school graduation rate calculation.
(5)
(6)
(7)
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 department's technical advisory
committee, 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 three (3) year period, rewards for
leadership in improving teaching and learning in the district, and consequences that
address the problems and provide assistance when one (1) or more schools in the
district fail to exit comprehensive support and improvement status after three (3)
consecutive years of implementing the turnaround intervention process described in
KRS 160.346.
After receiving the advice of the Office of Education Accountability; the School
Curriculum, Assessment, and Accountability Council; and the department's
technical advisory committee, 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 or school district shall be
allowed to appeal any performance judgment made by the department under this
section or KRS 160.346 of a principal, superintendent, school, or school district
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 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 three (3) year assessment period
which are beyond the control of the appellant school or school district.
Advice and recommendations provided by the department's technical advisory
committee shall be summarized and reported by the department by July 1 and
December 1 of each year to the Office of Education Accountability. The report shall
include:
(a) Advice and recommendations provided by panel members relating to:
1.
Development and modification to the assessment and accountability
system;
2.
The development of administrative regulations governing the assessment
and accountability system;
3.
The setting of standards used in the assessment and accountability
system; and
4.
KRS 158.6453, 158.6455, 158.782, or 158.860; and
(b) Any documentation used by the panel in support of the panel's advice and
recommendations.
Upon receipt of the report, the Office of Education Accountability shall forward the
report to the Education Assessment and Accountability Review Subcommittee and
the co-chairs of the Interim Joint Committee on Education.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 79, sec. 1, effective June 29, 2021. -- Amended
2020 Ky. Acts ch. 112, sec. 1, effective July 15, 2020. -- Amended 2019 Ky. Acts ch.
199, sec. 2, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 63, sec. 14,
effective June 29, 2017; and ch. 156, sec. 4, effective April 10, 2017. -- 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 (6/29/2021). In codification, a correction has
been made to subsection (7)(a)4. of this statute. Section 1 of 2021 Senate Bill 129,
which amended this statute, contains a reference to "KRS 158.78," a number that
does not correspond to any existing section of the Kentucky Revised Statutes. It is
clear from the context and from consultation with the drafter that the reference was
intended to read "KRS 158.782." Under the authority of KRS 7.136, the Reviser of
Statutes has corrected this reference.
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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