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KENTUCKY STATUTES AND CODES

158.649 Achievement gaps -- Data on student performance -- Policy for reviewing academic performance -- Student achievement targets -- Reporting requirements -- Review and revision of improvement plan

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Page 1 of 2 158.649 Achievement gaps -- Data on student performance -- Policy for reviewing academic performance -- Student achievement targets -- Reporting
requirements -- Review and revision of improvement plan. (1) "Achievement gap" means a substantive performance difference on each of the tested areas by grade level of the state assessment program between the various
groups of students including male and female students, students with and without
disabilities, students with and without English proficiency, minority and
nonminority students, and students who are eligible for free and reduced lunch and
those who are not eligible for free and reduced lunch. (2) By November 1 of each year, the Department of Education shall provide each school council, or the principal if a school council does not exist, data on its
students' performance as shown by the state assessment program described in KRS
158.6453. The data shall include, but not be limited to, information on performance
levels of all students tested, and information on the performance of students
disaggregated by race, gender, disability, English proficiency, and participation in
the federal free and reduced price lunch program. The information from the
department shall include an equity analysis that shall identify the substantive
differences among the various groups of students identified in subsection (1) of this
section. Beginning with the 2012-2013 school year, the reporting requirement in
this subsection shall be no later than seventy-five (75) days following the first day
the assessment can be administered. (3) Each local board of education upon the recommendation of the local district superintendent shall adopt a policy for reviewing the academic performance on the
state assessments required under KRS 158.6453 for various groups of students,
including major racial groups, gender, disability, free and reduced price school
lunch eligibility, and limited English proficiency. The local board policy shall be
consistent with Kentucky Board of Education administrative regulations. Upon
agreement of the school-based decision making council, or the principal if there is
not a council, and the superintendent, the local board shall establish a biennial target
for each school for reducing identified gaps in achievement as set out in subsection
(4) of this section. (4) By February 1, 2003, and each February 1 in odd-numbered years thereafter, the school-based decision making council, or the principal if there is not a council, with
the involvement of parents, faculty, and staff shall set the school's biennial targets
for eliminating any achievement gap and submit them to the superintendent for
consideration. The superintendent and the school-based decision making council, or
the principal if there is not a council, shall agree on the biennial targets before they
are submitted to the local board of education for adoption. Beginning with the 2012-
2013 school year, the reporting requirement in this subsection shall be October 1 of
each year. (5) By April 1, 2003, and each April 1 in odd-numbered years thereafter, the school council, or the principal if a school council does not exist, with the involvement of
parents, faculty, and staff, shall review the data and revise the consolidated plan to
include the biennial targets, strategies, activities, and a time schedule calculated to Page 2 of 2 eliminate the achievement gap among various groups of students to the extent it
may exist. The plan shall include but not be limited to activities designed to address
the following areas:
(a) Curriculum alignment within the school and with schools that send or receive the school's students; (b) Evaluation and assessment strategies to continuously monitor and modify instruction to meet student needs and support proficient student work; (c) Professional development to address the goals of the plan;
(d) Parental communication and involvement;
(e) Attendance improvement and dropout prevention; and
(f) Technical assistance that will be accessed. Beginning with the 2012-2013 school year, the reporting requirement in this
subsection shall be October 1 of each year. (6) The principal shall convene a public meeting at the school to present and discuss the plan prior to submitting it to the superintendent and the local board of education for
review, in the public meeting required under KRS 160.340. (7) Based on the disaggregated assessment results, the local board shall determine if each school achieved its targets for each group of students. Only data for a group of
students including ten (10) or more students shall be considered. (8) Notwithstanding KRS 160.345(8) and 158.070(9), if a local board determines that a school has not met its target to reduce the identified gap in student achievement for
a group of students, the local board shall require the council, or the principal if no
council exists, to submit its revisions to the school improvement plan describing the
use of professional development funds and funds allocated for continuing education
to reduce the school's achievement gap for review and approval by the
superintendent. The plan shall address how the school will meet the academic needs
of the students in the various groups identified in subsection (1) of this section. (9) The superintendent shall report to the commissioner of education if a school fails to meet its targets to reduce the gap in student achievement for any student group for
two (2) consecutive years. The school's improvement plan shall be subject to
review and approval by the Kentucky Department of Education and the school shall
submit an annual status report. The Department of Education may provide
assistance to schools as it deems necessary to assist the school in meeting its goals. (10) The school-based decision making council, or the principal if there is not a council, shall no longer be required to seek approval of the plan under subsections (8) and
(9) of this section when it meets its biennial target for reducing the gap in student
achievement for the various groups of students identified in subsection (1) of this
section. Effective: April 13, 2010
History: Amended 2010 Ky. Acts ch. 146, sec. 3, effective April 13, 2010. -- Amended 2009 Ky. Acts ch. 101, sec. 7, effective March 25, 2009. -- Created 2002 Ky. Acts
ch. 302, sec. 1, effective July 15, 2002.

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