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 sch - Kentucky Statutes

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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 The student has withdrawn from school and is awarded a General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) 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. (3) 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. (4) 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.
(5) 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. (6) 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. (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 National 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. (8) 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).