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AN ACT relating to student instruction. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A public school or public charter school shall provide instruction and 5
instructional materials that are aligned with the social studies academic 6
standards adopted in accordance with Section 3 of this Act and consistent with 7
the following concepts: 8
(a) All individuals are created equal; 9
(b) Americans are entitled to equal protection under the law; 10
(c) An individual deserves to be treated on the basis of the individual's 11
character; 12
(d) An individual, by virtue of the individual's race or sex, does not bear 13
responsibility for actions committed by other members of the same race or 14
sex; 15
(e) The understanding that the institution of slavery and post-Civil War laws 16
enforcing racial segregation and discrimination were contrary to the 17
fundamental American promise of life, liberty, and the pursuit of happiness, 18
as expressed in the Declaration of Independence, but that defining racial 19
disparities solely on the legacy of this institution is destructive to the 20
unification of our nation; 21
(f) The future of America's success is dependent upon cooperation among all 22
its citizens; 23
(g) Personal agency and the understanding that, regardless of one's 24
circumstances, an American has the ability to succeed when he or she is 25
given sufficient opportunity and is committed to seizing that opportunity 26
through hard work, pursuit of education, and good citizenship; and 27 UNOFFICIAL COPY 22 RS SB 138/GA
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(h) The significant value of the American principles of equality, freedom, 1
inalienable rights, respect for individual rights, liberty, and the consent of 2
the governed. 3
(2) Nothing in subsection (1) of this section shall be construed to restrict a public 4
school or public charter school from providing instruction or using instructional 5
materials that include: 6
(a) The history of an ethnic group, as described in textbooks and instructional 7
materials adopted by a school district; 8
(b) The discussion of controversial aspects of history; or 9
(c) The instruction and instructional materials on the historical oppression of a 10
particular group of people. 11
(3) (a) Notwithstanding the every six (6) year schedule set forth in 12
subsection(2)(a)of Section 3 of this Act, no later than July 1, 2023, the 13
Kentucky Department of Education shall incorporate fundamental 14
American documents and speeches into the grade-level appropriate middle 15
and high school social studies academic standards and align corresponding 16
assessments, including but not limited to: 17
1. The Mayflower Compact; 18
2. The Declaration of Independence; 19
3. The Constitution of the United States; 20
4. The Federalist No. 1 (Alexander Hamilton); 21
5. The Federalist Nos. 10 and 51 (James Madison); 22
6. The June 8, 1789, speech on amendments to the Constitution of the 23
United States by James Madison; 24
7. The first ten (10) amendments to the Constitution of the United States, 25
also known as the Bill of Rights; 26
8. The 1796 Farewell Address by George Washington; 27 UNOFFICIAL COPY 22 RS SB 138/GA
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9. The United States Supreme Court opinion in Marbury v. Madison, 5 1
U.S. 137 (1803); 2
10. The Monroe Doctrine by James Monroe; 3
11. What to the Slave is the Fourth of July? speech by Frederick 4
Douglass; 5
12. The United States Supreme Court opinion in Dred Scott v. Sandford, 6
60 U.S. 393 (1857); 7
13. Final Emancipation Proclamation by Abraham Lincoln; 8
14. The Gettysburg Address by Abraham Lincoln; 9
15. Declaration of Rights of the Women of the United States by Susan B. 10
Anthony, Matilda Joslyn Gage, and Elizabeth Cady Stanton; 11
16. The September 18, 1895, Atlanta Exposition Address by Booker T. 12
Washington; 13
17. Of Booker T. Washington and Others by W.E.B. Du Bois; 14
18. The United States Supreme Court opinion in Plessy v. Ferguson, 163 15
U.S. 537 (1896); 16
19. The August 31, 1910, New Nationalism speech by Theodore Roosevelt; 17
20. The January 11, 1944, State of the Union Address by Franklin D. 18
Roosevelt; 19
21. The United States Supreme Court opinions in Brown v. Board of 20
Education of Topeka, 347 U.S. 483 (1954) and Brown v. Board of 21
Education of Topeka, 349 U.S. 294 (1955); 22
22. Letter from Birmingham Jail by Martin Luther King, Jr.; 23
23. The August 28, 1963, I Have a Dream speech by Martin Luther King, 24
Jr.; and 25
24. A Time for Choosing by Ronald Reagan. 26
(b) This revision shall not delay or otherwise impact the existing schedule as set 27 UNOFFICIAL COPY 22 RS SB 138/GA
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forth in subsection (2) of Section 3 of this Act. 1
Section 2. KRS 161.164 is amended to read as follows: 2
(1) No employee of the local school district shall take part in the management or 3
activities of any political campaign for school board. 4
(2) No candidate for school board shall solicit or accept any political assessment, 5
subscription, contribution, or service of any employee of the school district. 6
(3) No person shall use or promise to use, directly or indirectly, any official authority or 7
influence, whether possessed or anticipated, to secure or attempt to secure for any 8
person an appointment or advantage in appointment to a position as teacher or 9
employee of any district board of education, or an increase in pay or other 10
advantage in employment in any such position, for the purpose of influencing the 11
vote or political action of any person. 12
(4) No teacher or employee of any district board of education shall be appointed or 13
promoted to, or demoted or dismissed from, any position or in any way favored or 14
discriminated against with respect to employment because of his political or 15
religious opinions or affiliations or ethnic origin or race or color or sex or age or 16
disabling condition. 17
(5) Any instruction or instructional materials on current, controversial topics related 18
to public policy or social affairs provided to public school or public charter school 19
students, regardless of whether the individual that provides the instruction is 20
employed by the local school district or public charter school, shall be: 21
(a) Within the range of knowledge, understanding, age, and maturity of the 22
students receiving the instruction; and 23
(b) Relevant, objective, nondiscriminatory, and respectful to the differing 24
perspectives of students. 25
(6) An employee of a public school district or public charter school shall not violate a 26
student's first amendment rights by requiring or incentivizing a student to 27 UNOFFICIAL COPY 22 RS SB 138/GA
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advocate in a civic space on behalf of a perspective with which the student or the 1
parent or guardian of a minor student does not agree. 2
(7) An employee of a local school district or public charter school shall not be 3
required to engage in training, orientation, or therapy that coerces the employee 4
to stereotype any group. 5
(8) The local superintendent shall inform all school employees of the provisions of this 6
section. 7
Section 3. KRS 158.6453 is amended to read as follows: 8
(1) As used in this section: 9
(a) "Accelerated learning" means an organized way of helping students meet 10
individual academic goals by providing direct instruction to eliminate student 11
performance deficiencies or enable students to move more quickly through 12
course requirements and pursue higher level skill development; 13
(b) "Constructed-response items" or "performance-based items" means individual 14
test items that require the student to create an answer rather than select a 15
response and may include fill-in-the-blank, short-answer, extended-answer, 16
open-response, and writing-on-demand formats; 17
(c) "Criterion-referenced test" means a test that is aligned with defined academic 18
content standards and measures an individual student's level of performance 19
against the standards; 20
(d) "End-of-course examination" means the same as defined in KRS 158.860; 21
(e) "Formative assessment" means a process used by teachers and students during 22
instruction to adjust ongoing teaching and learning to improve students' 23
achievement of intended instructional outcomes. Formative assessments may 24
include the use of commercial assessments, classroom observations, teacher-25
designed classroom tests and assessments, and other processes and 26
assignments to gain information about individual student learning; 27 UNOFFICIAL COPY 22 RS SB 138/GA
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(f) "Interim assessments" means assessments that are given periodically 1
throughout the year to provide diagnostic information and to show individual 2
student performance against content standards; 3
(g) "Summative assessment" means an assessment given at the end of the school 4
year, semester, or other period of time to evaluate students' performance 5
against content standards within a unit of instruction or a course; and 6
(h) "Writing" means a purposeful act of thinking and expression that uses 7
language to explore ideas and communicate meaning to others. Writing is a 8
complex, multifaceted act of communication. 9
(2) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 10
Kentucky Department of Education shall implement a process for reviewing 11
Kentucky's academic standards and the alignment of corresponding 12
assessments for possible revision or replacement to ensure alignment with 13
transition readiness standards necessary for global competitiveness,[ and with] 14
state career and technical education standards, and Section 1 of this Act. 15
(b) The revisions to the content standards shall: 16
1. Focus on critical knowledge, skills, and capacities needed for success in 17
the global economy; 18
2. Result in fewer but more in-depth standards to facilitate mastery 19
learning; 20
3. Communicate expectations more clearly and concisely to teachers, 21
parents, students, and citizens; 22
4. Be based on evidence-based research; 23
5. Consider international benchmarks; and 24
6. Ensure that the standards are aligned from elementary to high school to 25
postsecondary education so that students can be successful at each 26
education level. 27 UNOFFICIAL COPY 22 RS SB 138/GA
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(c) 1. The department shall establish four (4) standards and assessments 1
review committees, with each committee composed of a minimum of six 2
(6) Kentucky public school teachers and a minimum of two (2) 3
representatives from Kentucky institutions of higher education, 4
including at least one (1) representative from a public institution of 5
higher education. Each committee member shall teach in the subject area 6
that his or her committee is assigned to review and have no prior or 7
current affiliation with a curriculum or assessment resources vendor. 8
2. One (1) of the four (4) committees shall be assigned to focus on the 9
review of language arts and writing academic standards and 10
assessments, one (1) on the review of mathematics academic standards 11
and assessments, one (1) on the review of science academic standards 12
and assessments, and one (1) on the review of social studies academic 13
standards and assessments. 14
(d) 1. The department shall establish twelve (12) advisory panels to advise and 15
assist each of the four (4) standards and assessments review committees. 16
2. Three (3) advisory panels shall be assigned to each standards and 17
assessments review committee. One (1) panel shall review the standards 18
and assessments for kindergarten through grade five (5), one (1) shall 19
review the standards and assessments for grades six (6) through eight 20
(8), and one (1) shall review the standards and assessments for grades 21
nine (9) through twelve (12). 22
3. Each advisory panel shall be composed of at least one (1) representative 23
from a Kentucky institution of higher education and a minimum of six 24
(6) Kentucky public school teachers who teach in the grade level and 25
subject reviewed by the advisory panel to which they are assigned and 26
have no prior or current affiliation with a curriculum or assessment 27 UNOFFICIAL COPY 22 RS SB 138/GA
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resources vendor. 1
(e) The commissioner of education and the president of the Council on 2
Postsecondary Education shall also provide consultants for the standards and 3
assessments review committees and the advisory panels who are business and 4
industry professionals actively engaged in career fields that depend on the 5
various content areas. 6
(f) 1. The standards and assessments process review committee is hereby 7
established and shall be composed of the commissioner of education or 8
designee as a nonvoting member and nine (9) voting representatives of 9
public schools, of whom at least two (2) shall be parents of public 10
school students, appointed by the Governor and confirmed by the Senate 11
in accordance with KRS 11.160 as follows: 12
a. One (1) language arts teacher; 13
b. One (1) math teacher; 14
c. One (1) science teacher; 15
d. One (1) social studies teacher; 16
e. Two (2) school principals; 17
f. Two (2) school superintendents; and 18
g. One (1) school board member. 19
2. On making appointments to the committee, the Governor shall ensure 20
broad geographical urban and rural representation and representation of 21
elementary, middle, and high school levels; ensure equal representation 22
of the two (2) sexes, inasmuch as possible; and ensure that appointments 23
reflect the minority racial composition of the Commonwealth. 24
3. The review of the committee shall be limited to the procedural aspects 25
of the review process undertaken prior to its consideration. 26
4. Notwithstanding KRS 12.028, the committee shall not be subject to 27 UNOFFICIAL COPY 22 RS SB 138/GA
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reorganization by the Governor. 1
(g) 1. The review process implemented under this subsection shall be an open, 2
transparent process that allows all Kentuckians an opportunity to 3
participate. The department shall ensure the public's assistance in 4
reviewing and suggesting changes to the standards and alignment 5
adjustments to corresponding state assessments by establishing a Web 6
site dedicated to collecting comments by the public and educators. An 7
independent third party, which has no prior or current affiliation with a 8
curriculum or assessment resources vendor, shall be selected by the 9
department to collect and transmit the comments to the department for 10
dissemination to the appropriate advisory panel for review and 11
consideration. 12
2. Each advisory panel shall review the standards and assessments for its 13
assigned subject matter and grade level and the suggestions made by the 14
public and educators. After completing its review, each advisory panel 15
shall make recommendations for changes to the standards and alignment 16
adjustments for assessments to the appropriate standards and 17
assessments review committee. 18
3. Each standards and assessments review committee shall review the 19
findings and make recommendations to revise or replace existing 20
standards and to adjust alignment of assessments. 21
4. The recommendations shall be published on the Web site established in 22
this subsection for the purpose of gathering additional feedback from the 23
public. The commissioner shall subsequently present the 24
recommendations and the public feedback to the Interim Joint 25
Committee on Education. 26
5. The commissioner shall subsequently provide a report to the standards 27 UNOFFICIAL COPY 22 RS SB 138/GA
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and assessments process review committee summarizing the process 1
conducted under this subsection and the resulting recommendations. The 2
report shall include but not be limited to the timeline of the review 3
process, public feedback, and responses from the Interim Joint 4
Committee on Education. 5
6. After receiving the commissioner's report, the standards and assessments 6
process review committee shall either concur that stakeholders have had 7
adequate opportunity to provide input on standards and the 8
corresponding alignment of state assessments or find the input process 9
deficient. If the process is found deficient, the recommendations may be 10
returned to the appropriate standards and assessments review committee 11
for review as described in subparagraph 3. of this paragraph. If the 12
process is found sufficient, the recommendations shall be forwarded 13
without amendment to the Kentucky Board of Education. 14
(h) The Kentucky Board of Education shall promulgate administrative regulations 15
in accordance with KRS Chapter 13A as may be needed for the administration 16
of the review process, including staggering the timing and sequence of the 17
review process by subject area and remuneration of the review committees 18
and advisory panels described in paragraphs (c) and (d) of this subsection. 19
(i) 1. The Kentucky Board of Education shall consider for approval the 20
revisions to academic standards for a content area and the alignment of 21
the corresponding state assessment once recommendations are received 22
from the standards and assessments process review committee. Existing 23
state academic standards shall remain in place until the board approves 24
new standards. 25
2. Any revision to, or replacement of, the academic standards and 26
assessments as a result of the review process conducted under this 27 UNOFFICIAL COPY 22 RS SB 138/GA
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subsection shall be implemented in Kentucky public schools no later 1
than the second academic year following the review process. Existing 2
academic standards shall be used until new standards are implemented. 3
3. The Department of Education shall disseminate the academic content 4
standards to the schools and teacher preparation programs. 5
(j) The Department of Education shall provide or facilitate statewide training 6
sessions for existing teachers and administrators on how to: 7
1. Integrate the revised content standards into classroom instruction; 8
2. Better integrate performance assessment of students within their 9
instructional practices; and 10
3. Help all students use higher-order thinking and communication skills. 11
(k) The Education Professional Standards Board in cooperation with the 12
Kentucky Board of Education and the Council on Postsecondary Education 13
shall coordinate information and training sessions for faculty and staff in all of 14
the teacher preparation programs in the use of the revised academic content 15
standards. The Education Professional Standards Board shall ensure that each 16
teacher preparation program includes use of the academic standards in the pre-17
service education programs and that all teacher interns will have experience 18
planning classroom instruction based on the revised standards. 19
(l) The Council on Postsecondary Education in cooperation with the Kentucky 20
Department of Education and the postsecondary education institutions in the 21
state shall coordinate information sessions regarding the academic content 22
standards for faculty who teach in the various content areas. 23
(3) (a) The Kentucky Board of Education shall be responsible for creating and 24
implementing a balanced statewide assessment program that measures the 25
students', schools', and districts' achievement of the goals set forth in KRS 26
158.645 and 158.6451, to ensure compliance with the federal Every Student 27 UNOFFICIAL COPY 22 RS SB 138/GA
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Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure 1
school accountability. 2
(b) The board shall revise the annual statewide assessment program as needed in 3
accordance with revised academic standards and corresponding assessment 4
alignment adjustments approved by the board under subsection (2) of this 5
section. 6
(c) The statewide assessments shall not include any academic standards not 7
approved by the board under subsection (2) of this section. 8
(d) The board shall seek the advice of the Office of Education Accountability; the 9
School Curriculum, Assessment, and Accountability Council; the Education 10
Assessment and Accountability Review Subcommittee, and the department's 11
technical advisory committee in the development of the assessment program. 12
The statewide assessment program shall not include measurement of a 13
student's ability to become a self-sufficient individual or to become a 14
responsible member of a family, work group, or community. 15
(4) (a) The academic components of the statewide assessment program shall be 16
composed of annual student summative tests, which may include a 17
combination of multiple competency-based assessment and performance 18
measures approved by the Kentucky Board of Education. 19
(b) The annual student summative tests shall: 20
1. Measure individual student achievement in language, reading, English, 21
mathematics, science, and social studies at designated grades; 22
2. Provide teachers and parents a valid and reliable comprehensive analysis 23
of skills mastered by individual students; 24
3. Provide diagnostic information that identifies strengths and academic 25
deficiencies of individual students in the content areas; 26
4. Provide information to teachers that can enable them to improve 27 UNOFFICIAL COPY 22 RS SB 138/GA
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instruction for current and future students; 1
5. Provide longitudinal profiles for students; and 2
6. Ensure school and district accountability for student achievement of the 3
goals set forth in KRS 158.645 and 158.6451, except the statewide 4
assessment program shall not include measurement of a student's ability 5
to become a self-sufficient individual or to become a responsible 6
member of a family, work group, or community. 7
(5) The state student assessments shall include the following components: 8
(a) Elementary and middle grades requirements are: 9
1. A criterion-referenced test each in mathematics and reading in grades 10
three (3) through eight (8) that is valid and reliable for an individual 11
student and that measures the depth and breadth of Kentucky's academic 12
content standards; 13
2. A criterion-referenced test each in science and social studies that is valid 14
and reliable for an individual student as necessary to measure the depth 15
and breadth of Kentucky's academic content standards to be 16
administered one (1) time within the elementary and middle grades, 17
respectively; 18
3. An on-demand assessment of student writing to be administered one (1) 19
time within the elementary grades and one (1) time within the middle 20
grades; and 21
4. An editing and mechanics test relating to writing, using multiple choice 22
and constructed response items, to be administered one (1) time within 23
the elementary and the middle grades, respectively; 24
(b) High school requirements are: 25
1. A criterion-referenced test in mathematics, reading, and science that is 26
valid and reliable for an individual student and that measures the depth 27 UNOFFICIAL COPY 22 RS SB 138/GA
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and breadth of Kentucky's academic content standards to be 1
administered one (1) time within the high school grades; 2
2. A criterion-referenced test in social studies that is valid and reliable for 3
an individual student as necessary to measure the depth and breadth of 4
Kentucky's academic content standards to be administered one (1) time 5
within the high school grades; 6
3. An on-demand assessment of student writing to be administered one (1) 7
time within the high school grades; 8
4. An editing and mechanics test relating to writing, using multiple choice 9
and constructed response items, to be administered one (1) time within 10
the high school grades; and 11
5. A college admissions examination to assess English, reading, 12
mathematics, and science in the spring of grade ten (10) and the spring 13
of grade eleven (11); 14
(c) The Kentucky Board of Education shall add any other component necessary to 15
comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or 16
its successor, as determined by the United States Department of Education; 17
(d) The criterion-referenced components required in this subsection shall be 18
composed of constructed response items and multiple choice items; 19
(e) The Kentucky Board of Education may incorporate end-of-course 20
examinations into the assessment program to be used in lieu of requirements 21
for criterion-referenced tests required under paragraph (b) of this subsection; 22
and 23
(f) The results of the assessment program developed under this subsection shall 24
be used by schools and districts to determine appropriate instructional 25
modifications for all students in order for students to make continuous 26
progress, including that needed by advanced learners. 27 UNOFFICIAL COPY 22 RS SB 138/GA
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(6) Each school district shall administer the statewide student assessment during the 1
last fourteen (14) days of school in the district's instructional calendar. The 2
Kentucky Board of Education may change the testing window to allow for 3
innovative assessment systems or other online test administration and shall 4
promulgate administrative regulations that minimize the number of days of testing 5
and outline the procedures to be used during the testing process to ensure test 6
security, including procedures for testing makeup days, and to comply with federal 7
assessment requirements. 8
(7) A student enrolled in a district-operated or district-contracted alternative program 9
shall participate in the appropriate assessments required by this section. 10
(8) A local school district may select and use commercial interim or formative 11
assessments or develop and use its own formative assessments to provide data on 12
how well its students are growing toward mastery of Kentucky academic standards, 13
so long as the district's local school board develops a policy minimizing the 14
reduction in instructional time related to the administration of the interim 15
assessments. Nothing in this section precludes teachers from using ongoing teacher-16
developed formative processes. 17
(9) Each school that enrolls primary students shall use diagnostic assessments and 18
prompts that measure readiness in reading and mathematics for its primary students 19
as determined by the school to be developmentally appropriate. The schools may 20
use commercial products, use products and procedures developed by the district, or 21
develop their own diagnostic procedures. The results shall be used to inform the 22
teachers and parents or guardians of each student's skill level. 23
(10) The state board shall ensure that a technically sound longitudinal comparison of the 24
assessment results for the same students shall be made available. 25
(11) The following provisions shall apply to the college admissions examinations 26
described in subsection (5)(b)5. of this section: 27 UNOFFICIAL COPY 22 RS SB 138/GA
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(a) The cost of both college admissions examinations administered to students in 1
high school shall be paid for by the Kentucky Department of Education. The 2
costs of additional college admissions examinations shall be the responsibility 3
of the student; 4
(b) If funds are available, the Kentucky Department of Education shall provide a 5
college admissions examination preparation program to all public high school 6
juniors. The department may contract for necessary services; and 7
(c) Accommodations provided to a student with a disability taking the college 8
admissions assessments under this subsection shall consist of: 9
1. Accommodations provided in a manner allowed by the college 10
admissions assessment provider when results in test scores are 11
reportable to a postsecondary institution for admissions and placement 12
purposes, except as provided in subparagraph 2. of this paragraph; or 13
2. Accommodations provided in a manner allowed by a student's 14
individualized education program as defined in KRS 158.281 for a 15
student whose disability precludes valid assessment of his or her 16
academic abilities using the accommodations provided under 17
subparagraph 1. of this paragraph when the student's scores are not 18
reportable to a postsecondary institution for admissions and placement 19
purposes. 20
(12) Kentucky teachers shall have a significant role in providing feedback about the 21
design of the assessments, except for the college admissions exams described in 22
subsection (5)(b)5. of this section. The assessments shall be designed to: 23
(a) Measure grade appropriate core academic content, basic skills, and higher-24
order thinking skills and their application; 25
(b) Provide valid and reliable scores for schools. If scores are reported for 26
students individually, they shall be valid and reliable; 27 UNOFFICIAL COPY 22 RS SB 138/GA
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(c) Minimize the time spent by teachers and students on assessment; and 1
(d) Assess Kentucky academic standards only. 2
(13) The results from assessment under subsections (3) and (5) of this section shall be 3
reported to the school districts and schools no later than seventy-five (75) days 4
following the last day the assessment can be administered. Assessment reports 5
provided to the school districts and schools shall include an electronic copy of an 6
operational subset of test items from each assessment administered to their students 7
and the results for each of those test items by student and by school. 8
(14) The Department of Education shall gather information to establish the validity of 9
the assessment and accountability program. It shall develop a biennial plan for 10
validation studies that shall include but not be limited to the consistency of student 11
results across multiple measures, the congruence of school scores with documented 12
improvements in instructional practice and the school learning environment, and the 13
potential for all scores to yield fair, consistent, and accurate student performance 14
level and school accountability decisions. Validation activities shall take place in a 15
timely manner and shall include a review of the accuracy of scores assigned to 16
students and schools, as well as of the testing materials. The plan shall be submitted 17
to the Commission by July 1 of the first year of each biennium. A summary of the 18
findings shall be submitted to the Legislative Research Commission by September 1 19
of the second year of the biennium. 20
(15) The Department of Education and the state board shall offer optional assistance to 21
local school districts and schools in developing and using continuous assessment 22
strategies needed to assure student progress. The continuous assessment shall 23
provide diagnostic information to improve instruction to meet the needs of 24
individual students. 25
(16) The Administration Code for Kentucky's Assessment Program shall include 26
prohibitions of inappropriate test preparation activities by school district employees 27 UNOFFICIAL COPY 22 RS SB 138/GA
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charged with test administration and oversight, including but not limited to the issue 1
of teachers being required to do test practice in lieu of regular classroom instruction 2
and test practice outside the normal work day. The code shall include disciplinary 3
sanctions that may be taken toward a school or individuals. 4
(17) The Kentucky Board of Education, after the Department of Education has received 5
advice from the Office of Education Accountability; the School Curriculum, 6
Assessment, and Accountability Council; and the department's technical advisory 7
committee, shall promulgate an administrative regulation under KRS Chapter 13A 8
to establish the components of a reporting structure for assessments administered 9
under this section. The reporting structure shall include the following components: 10
(a) A school report card that clearly communicates with parents and the public 11
about school performance. The school report card shall be sent to the parents 12
of the students of the districts, and information on electronic access to a 13
summary of the results for the district shall be published in the newspaper 14
with the largest circulation in the county. It shall include but not be limited to 15
the following components reported by race, gender, and disability when 16
appropriate: 17
1. Student academic achievement, including the results from each of the 18
assessments administered under this section; 19
2. For Advanced Placement, Cambridge Advanced International, and 20
International Baccalaureate, the courses offered, the number of students 21
enrolled, completing, and taking the examination for each course, and 22
the percentage of examinees receiving a score of three (3) or better on 23
AP examinations, a score of "e" or better on Cambridge Advanced 24
International examinations, or a score of four (4) or better on IB 25
examinations. The data shall be disaggregated by gender, race, students 26
with disabilities, and economic status; 27 UNOFFICIAL COPY 22 RS SB 138/GA
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3. Nonacademic achievement, including the school's attendance, retention, 1
graduation rates, and student transition to postsecondary; 2
4. School learning environment, including measures of parental 3
involvement; and 4
5. Any other school performance data required by the Every Student 5
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor; 6
(b) An individual student report to parents for each student in grades three (3) 7
through eight (8) summarizing the student's skills in reading, science, social 8
studies, and mathematics. The school's staff shall develop a plan for 9
accelerated learning for any student with identified deficiencies or strengths; 10
and 11
(c) A student's highest scores on the college admissions assessments administered 12
under subsection (5)(b)5. of this section. 13
(18) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 14
Kentucky Department of Education shall implement a comprehensive process 15
for reviewing and revising the academic standards in visual and performing 16
arts and practical living skills and career studies for all levels and in foreign 17
language for middle and high schools. The department shall develop review 18
committees for the standards for each of the content areas that include 19
representation from certified specialist public school teachers and 20
postsecondary teachers in those subject areas. 21
(b) The academic standards in practical living skills for elementary, middle, and 22
high school levels shall include a focus on drug abuse prevention, with an 23
emphasis on the prescription drug epidemic and the connection between 24
prescription opioid abuse and addiction to other drugs, such as heroin and 25
synthetic drugs. 26
(c) The department shall provide to all schools guidelines for programs that 27 UNOFFICIAL COPY 22 RS SB 138/GA
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incorporate the adopted academic standards in visual and performing arts and 1
practical living and career studies. The department shall provide to middle and 2
high schools guidelines for including a foreign language program. The 3
guidelines shall address program length and time, courses offered, staffing, 4
resources, and facilities. 5
(d) The Kentucky Department of Education, in consultation with certified public 6
school teachers of visual and performing arts, may develop program standards 7
for the visual and performing arts. 8
(19) The Kentucky Department of Education shall provide to all schools guidelines for 9
including an effective writing program within the curriculum. Each school-based 10
decision making council or, if there is no school council, a committee appointed by 11
the principal, shall adopt policies that determine the writing program for its school 12
and submit it to the Department of Education for review and comment. The writing 13
program shall incorporate a variety of language resources, technological tools, and 14
multiple opportunities for students to develop complex communication skills for a 15
variety of purposes. 16
(20) (a) The Kentucky Department of Education, in consultation with the review 17
committees described in subsection (18) of this section, shall develop a school 18
profile report to be used by all schools to document how they will address the 19
adopted academic standards in their implementation of the programs as 20
described in subsection (18) of this section, which may include student 21
opportunities and experiences in extracurricular activities. The department 22
shall include the essential workplace ethics program on the school profile 23
report. 24
(b) By October 1 of each year, each school principal shall complete the school 25
profile report, which shall be signed by the members of the school council, or 26
the principal if no school council exists, and the superintendent. The report 27 UNOFFICIAL COPY 22 RS SB 138/GA
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shall be electronically transmitted to the Kentucky Department of Education, 1
and the original shall be maintained on file at the local board office and made 2
available to the public upon request. The department shall include a link to 3
each school's profile report on its Web site. 4
(c) If a school staff member, student, or a student's parent has concerns regarding 5
deficiencies in a school's implementation of the programs described in 6
subsection (18) of this section, he or she may submit a written inquiry to the 7
school council. 8
Section 4. This Act may be cited as the Teaching American Principles Act. 9