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AN ACT relating to the statewide education accountability system. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 158.6453 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Accelerated learning" means an organized way of helping students meet 5
individual academic goals by providing direct instruction to eliminate student 6
performance deficiencies or enable students to move more quickly through 7
course requirements and pursue higher level skill development; 8
(b) "Constructed-response items" or "performance-based items" means individual 9
test items that require the student to create an answer rather than select a 10
response and may include fill-in-the-blank, short-answer, extended-answer, 11
open-response, and writing-on-demand formats; 12
(c) "Criterion-referenced test" means a test that is aligned with defined academic 13
content standards and measures an individual student's level of performance 14
against the standards; 15
(d) "End-of-course examination" means the same as defined in KRS 158.860; 16
(e) "Formative assessment" means a process used by teachers and students during 17
instruction to adjust ongoing teaching and learning to improve students' 18
achievement of intended instructional outcomes. Formative assessments may 19
include the use of commercial assessments, classroom observations, teacher-20
designed classroom tests and assessments, and other processes and 21
assignments to gain information about individual student learning; 22
(f) "Interim assessments" means assessments that are given periodically 23
throughout the year to provide diagnostic information and to show individual 24
student performance against content standards; 25
(g) "Summative assessment" means an assessment given at the end of the school 26
year, semester, or other period of time to evaluate students' performance 27 UNOFFICIAL COPY 22 RS SB 59/GA
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against content standards within a unit of instruction or a course; and 1
(h) "Writing" means a purposeful act of thinking and expression that uses 2
language to explore ideas and communicate meaning to others. Writing is a 3
complex, multifaceted act of communication. 4
(2) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 5
Kentucky Department of Education shall implement a process for reviewing 6
Kentucky's academic standards and the alignment of corresponding 7
assessments for possible revision or replacement to ensure alignment with 8
transition readiness standards necessary for global competitiveness and with 9
state career and technical education standards. 10
(b) The revisions to the content standards shall: 11
1. Focus on critical knowledge, skills, and capacities needed for success in 12
the global economy; 13
2. Result in fewer but more in-depth standards to facilitate mastery 14
learning; 15
3. Communicate expectations more clearly and concisely to teachers, 16
parents, students, and citizens; 17
4. Be based on evidence-based research; 18
5. Consider international benchmarks; and 19
6. Ensure that the standards are aligned from elementary to high school to 20
postsecondary education so that students can be successful at each 21
education level. 22
(c) 1. The department shall establish four (4) standards and assessments 23
review committees, with each committee composed of a minimum of six 24
(6) Kentucky public school teachers and a minimum of two (2) 25
representatives from Kentucky institutions of higher education, 26
including at least one (1) representative from a public institution of 27 UNOFFICIAL COPY 22 RS SB 59/GA
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higher education. Each committee member shall teach in the subject area 1
that his or her committee is assigned to review and have no prior or 2
current affiliation with a curriculum or assessment resources vendor. 3
2. One (1) of the four (4) committees shall be assigned to focus on the 4
review of language arts and writing academic standards and 5
assessments, one (1) on the review of mathematics academic standards 6
and assessments, one (1) on the review of science academic standards 7
and assessments, and one (1) on the review of social studies academic 8
standards and assessments. 9
(d) 1. The department shall establish twelve (12) advisory panels to advise and 10
assist each of the four (4) standards and assessments review committees. 11
2. Three (3) advisory panels shall be assigned to each standards and 12
assessments review committee. One (1) panel shall review the standards 13
and assessments for kindergarten through grade five (5), one (1) shall 14
review the standards and assessments for grades six (6) through eight 15
(8), and one (1) shall review the standards and assessments for grades 16
nine (9) through twelve (12). 17
3. Each advisory panel shall be composed of at least one (1) representative 18
from a Kentucky institution of higher education and a minimum of six 19
(6) Kentucky public school teachers who teach in the grade level and 20
subject reviewed by the advisory panel to which they are assigned and 21
have no prior or current affiliation with a curriculum or assessment 22
resources vendor. 23
(e) The commissioner of education and the president of the Council on 24
Postsecondary Education shall also provide consultants for the standards and 25
assessments review committees and the advisory panels who are business and 26
industry professionals actively engaged in career fields that depend on the 27 UNOFFICIAL COPY 22 RS SB 59/GA
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various content areas. 1
(f) 1. The standards and assessments process review committee is hereby 2
established and shall be composed of the commissioner of education or 3
designee as a nonvoting member and nine (9) voting representatives of 4
public schools, of whom at least two (2) shall be parents of public 5
school students, appointed by the Governor and confirmed by the Senate 6
in accordance with KRS 11.160 as follows: 7
a. One (1) language arts teacher; 8
b. One (1) math teacher; 9
c. One (1) science teacher; 10
d. One (1) social studies teacher; 11
e. Two (2) school principals; 12
f. Two (2) school superintendents; and 13
g. One (1) school board member. 14
2. On making appointments to the committee, the Governor shall ensure 15
broad geographical urban and rural representation and representation of 16
elementary, middle, and high school levels; ensure equal representation 17
of the two (2) sexes, inasmuch as possible; and ensure that appointments 18
reflect the minority racial composition of the Commonwealth. 19
3. The review of the committee shall be limited to the procedural aspects 20
of the review process undertaken prior to its consideration. 21
4. Notwithstanding KRS 12.028, the committee shall not be subject to 22
reorganization by the Governor. 23
(g) 1. The review process implemented under this subsection shall be an open, 24
transparent process that allows all Kentuckians an opportunity to 25
participate. The department shall ensure the public's assistance in 26
reviewing and suggesting changes to the standards and alignment 27 UNOFFICIAL COPY 22 RS SB 59/GA
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adjustments to corresponding state assessments by establishing a Web 1
site dedicated to collecting comments by the public and educators. An 2
independent third party, which has no prior or current affiliation with a 3
curriculum or assessment resources vendor, shall be selected by the 4
department to collect and transmit the comments to the department for 5
dissemination to the appropriate advisory panel for review and 6
consideration. 7
2. Each advisory panel shall review the standards and assessments for its 8
assigned subject matter and grade level and the suggestions made by the 9
public and educators. After completing its review, each advisory panel 10
shall make recommendations for changes to the standards and alignment 11
adjustments for assessments to the appropriate standards and 12
assessments review committee. 13
3. Each standards and assessments review committee shall review the 14
findings and make recommendations to revise or replace existing 15
standards and to adjust alignment of assessments. 16
4. The recommendations shall be published on the Web site established in 17
this subsection for the purpose of gathering additional feedback from the 18
public. The commissioner shall subsequently present the 19
recommendations and the public feedback to the Interim Joint 20
Committee on Education. 21
5. The commissioner shall subsequently provide a report to the standards 22
and assessments process review committee summarizing the process 23
conducted under this subsection and the resulting recommendations. The 24
report shall include but not be limited to the timeline of the review 25
process, public feedback, and responses from the Interim Joint 26
Committee on Education. 27 UNOFFICIAL COPY 22 RS SB 59/GA
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6. After receiving the commissioner's report, the standards and assessments 1
process review committee shall either concur that stakeholders have had 2
adequate opportunity to provide input on standards and the 3
corresponding alignment of state assessments or find the input process 4
deficient. If the process is found deficient, the recommendations may be 5
returned to the appropriate standards and assessments review committee 6
for review as described in subparagraph 3. of this paragraph. If the 7
process is found sufficient, the recommendations shall be forwarded 8
without amendment to the Kentucky Board of Education. 9
(h) The Kentucky Board of Education shall promulgate administrative regulations 10
in accordance with KRS Chapter 13A as may be needed for the administration 11
of the review process, including staggering the timing and sequence of the 12
review process by subject area and remuneration of the review committees 13
and advisory panels described in paragraphs (c) and (d) of this subsection. 14
(i) 1. The Kentucky Board of Education shall consider for approval the 15
revisions to academic standards for a content area and the alignment of 16
the corresponding state assessment once recommendations are received 17
from the standards and assessments process review committee. Existing 18
state academic standards shall remain in place until the board approves 19
new standards. 20
2. Any revision to, or replacement of, the academic standards and 21
assessments as a result of the review process conducted under this 22
subsection shall be implemented in Kentucky public schools no later 23
than the second academic year following the review process. Existing 24
academic standards shall be used until new standards are implemented. 25
3. The Department of Education shall disseminate the academic content 26
standards to the schools and teacher preparation programs. 27 UNOFFICIAL COPY 22 RS SB 59/GA
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(j) The Department of Education shall provide or facilitate statewide training 1
sessions for existing teachers and administrators on how to: 2
1. Integrate the revised content standards into classroom instruction; 3
2. Better integrate performance assessment of students within their 4
instructional practices; and 5
3. Help all students use higher-order thinking and communication skills. 6
(k) The Education Professional Standards Board in cooperation with the 7
Kentucky Board of Education and the Council on Postsecondary Education 8
shall coordinate information and training sessions for faculty and staff in all of 9
the teacher preparation programs in the use of the revised academic content 10
standards. The Education Professional Standards Board shall ensure that each 11
teacher preparation program includes use of the academic standards in the pre-12
service education programs and that all teacher interns will have experience 13
planning classroom instruction based on the revised standards. 14
(l) The Council on Postsecondary Education in cooperation with the Kentucky 15
Department of Education and the postsecondary education institutions in the 16
state shall coordinate information sessions regarding the academic content 17
standards for faculty who teach in the various content areas. 18
(3) (a) The Kentucky Board of Education shall be responsible for creating and 19
implementing a balanced statewide assessment program that measures the 20
students', schools', and districts' achievement of the goals set forth in KRS 21
158.645 and 158.6451, to ensure compliance with the federal Every Student 22
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure 23
school accountability. 24
(b) The board shall revise the annual statewide assessment program as needed in 25
accordance with revised academic standards and corresponding assessment 26
alignment adjustments approved by the board under subsection (2) of this 27 UNOFFICIAL COPY 22 RS SB 59/GA
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section. 1
(c) The statewide assessments shall not include any academic standards not 2
approved by the board under subsection (2) of this section. 3
(d) The board shall seek the advice of the Office of Education Accountability; the 4
School Curriculum, Assessment, and Accountability Council; the Education 5
Assessment and Accountability Review Subcommittee, and the department's 6
technical advisory committee in the development of the assessment program. 7
The statewide assessment program shall not include measurement of a 8
student's ability to become a self-sufficient individual or to become a 9
responsible member of a family, work group, or community. 10
(4) (a) The academic components of the statewide assessment program shall be 11
composed of annual student summative tests, which may include a 12
combination of multiple competency-based assessment and performance 13
measures approved by the Kentucky Board of Education. 14
(b) The annual student summative tests shall: 15
1. Measure individual student achievement in language, reading, English, 16
mathematics, science, and social studies at designated grades; 17
2. Provide teachers and parents a valid and reliable comprehensive analysis 18
of skills mastered by individual students; 19
3. Provide diagnostic information that identifies strengths and academic 20
deficiencies of individual students in the content areas; 21
4. Provide information to teachers that can enable them to improve 22
instruction for current and future students; 23
5. Provide longitudinal profiles for students; and 24
6. Ensure school and district accountability for student achievement of the 25
goals set forth in KRS 158.645 and 158.6451, except the statewide 26
assessment program shall not include measurement of a student's ability 27 UNOFFICIAL COPY 22 RS SB 59/GA
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to become a self-sufficient individual or to become a responsible 1
member of a family, work group, or community. 2
(5) The state student assessments shall include the following components: 3
(a) Elementary and middle grades requirements are: 4
1. A criterion-referenced test each in mathematics and reading in grades 5
three (3) through eight (8) that is valid and reliable for an individual 6
student and that measures the depth and breadth of Kentucky's academic 7
content standards; 8
2. A criterion-referenced test each in science and social studies that is valid 9
and reliable for an individual student as necessary to measure the depth 10
and breadth of Kentucky's academic content standards to be 11
administered one (1) time within the elementary and middle grades, 12
respectively; 13
3. An on-demand assessment of student writing to be administered one (1) 14
time within the elementary grades and one (1) time within the middle 15
grades; and 16
4. An editing and mechanics test relating to writing, using multiple choice 17
and constructed response items, to be administered one (1) time within 18
the elementary and the middle grades, respectively; 19
(b) High school requirements are: 20
1. A criterion-referenced test in mathematics, reading, and science that is 21
valid and reliable for an individual student and that measures the depth 22
and breadth of Kentucky's academic content standards to be 23
administered one (1) time within the high school grades; 24
2. A criterion-referenced test in social studies that is valid and reliable for 25
an individual student as necessary to measure the depth and breadth of 26
Kentucky's academic content standards to be administered one (1) time 27 UNOFFICIAL COPY 22 RS SB 59/GA
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within the high school grades; 1
3. An on-demand assessment of student writing to be administered one (1) 2
time within the high school grades; 3
4. An editing and mechanics test relating to writing, using multiple choice 4
and constructed response items, to be administered one (1) time within 5
the high school grades; and 6
5. A college admissions examination to assess English, reading, 7
mathematics, and science in the spring of grade[ ten (10) and the spring 8
of grade] eleven (11); 9
(c) The Kentucky Board of Education shall add any other component necessary to 10
comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or 11
its successor, as determined by the United States Department of Education; 12
(d) The criterion-referenced components required in this subsection shall be 13
composed of constructed response items and multiple choice items; 14
(e) The Kentucky Board of Education may incorporate end-of-course 15
examinations into the assessment program to be used in lieu of requirements 16
for criterion-referenced tests required under paragraph (b) of this subsection; 17
and 18
(f) The results of the assessment program developed under this subsection shall 19
be used by schools and districts to determine appropriate instructional 20
modifications for all students in order for students to make continuous 21
progress, including that needed by advanced learners. 22
(6) Each school district shall administer the statewide student assessment during the 23
last fourteen (14) days of school in the district's instructional calendar. The 24
Kentucky Board of Education may change the testing window to allow for 25
innovative assessment systems or other online test administration and shall 26
promulgate administrative regulations that minimize the number of days of testing 27 UNOFFICIAL COPY 22 RS SB 59/GA
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and outline the procedures to be used during the testing process to ensure test 1
security, including procedures for testing makeup days, and to comply with federal 2
assessment requirements. 3
(7) A student enrolled in a district-operated or district-contracted alternative program 4
shall participate in the appropriate assessments required by this section. 5
(8) A local school district may select and use commercial interim or formative 6
assessments or develop and use its own formative assessments to provide data on 7
how well its students are growing toward mastery of Kentucky academic standards, 8
so long as the district's local school board develops a policy minimizing the 9
reduction in instructional time related to the administration of the interim 10
assessments. Nothing in this section precludes teachers from using ongoing teacher-11
developed formative processes. 12
(9) Each school that enrolls primary students shall use diagnostic assessments and 13
prompts that measure readiness in reading and mathematics for its primary students 14
as determined by the school to be developmentally appropriate. The schools may 15
use commercial products, use products and procedures developed by the district, or 16
develop their own diagnostic procedures. The results shall be used to inform the 17
teachers and parents or guardians of each student's skill level. 18
(10) The state board shall ensure that a technically sound longitudinal comparison of the 19
assessment results for the same students shall be made available. 20
(11) The following provisions shall apply to the college admissions 21
examination[examinations] described in subsection (5)(b)5. of this section: 22
(a) The cost of the[both] college admissions examination[admissions 23
examinations] administered to students in high school shall be paid for by the 24
Kentucky Department of Education. The costs of additional college 25
admissions examinations shall be the responsibility of the student; 26
(b) If funds are available, the Kentucky Department of Education shall provide a 27 UNOFFICIAL COPY 22 RS SB 59/GA
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college admissions examination preparation program to all public high school 1
juniors. The department may contract for necessary services; and 2
(c) Accommodations provided to a student with a disability taking the college 3
admissions assessment [assessments] under this subsection shall consist of: 4
1. Accommodations provided in a manner allowed by the college 5
admissions assessment provider when results in test scores are 6
reportable to a postsecondary institution for admissions and placement 7
purposes, except as provided in subparagraph 2. of this paragraph; or 8
2. Accommodations provided in a manner allowed by a student's 9
individualized education program as defined in KRS 158.281 for a 10
student whose disability precludes valid assessment of his or her 11
academic abilities using the accommodations provided under 12
subparagraph 1. of this paragraph when the student's scores are not 13
reportable to a postsecondary institution for admissions and placement 14
purposes. 15
(12) Kentucky teachers shall have a significant role in providing feedback about the 16
design of the assessments, except for the college admissions exam[exams] 17
described in subsection (5)(b)5. of this section. The assessments shall be designed 18
to: 19
(a) Measure grade appropriate core academic content, basic skills, and higher-20
order thinking skills and their application; 21
(b) Provide valid and reliable scores for schools. If scores are reported for 22
students individually, they shall be valid and reliable; 23
(c) Minimize the time spent by teachers and students on assessment; and 24
(d) Assess Kentucky academic standards only. 25
(13) The results from assessment under subsections (3) and (5) of this section shall be 26
reported to the school districts and schools no later than seventy-five (75) days 27 UNOFFICIAL COPY 22 RS SB 59/GA
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following the last day the assessment can be administered. Assessment reports 1
provided to the school districts and schools shall include an electronic copy of an 2
operational subset of test items from each assessment administered to their students 3
and the results for each of those test items by student and by school. 4
(14) The Department of Education shall gather information to establish the validity of 5
the assessment and accountability program. It shall develop a biennial plan for 6
validation studies that shall include but not be limited to the consistency of student 7
results across multiple measures, the congruence of school scores with documented 8
improvements in instructional practice and the school learning environment, and the 9
potential for all scores to yield fair, consistent, and accurate student performance 10
level and school accountability decisions. Validation activities shall take place in a 11
timely manner and shall include a review of the accuracy of scores assigned to 12
students and schools, as well as of the testing materials. The plan shall be submitted 13
to the Commission by July 1 of the first year of each biennium. A summary of the 14
findings shall be submitted to the Legislative Research Commission by September 1 15
of the second year of the biennium. 16
(15) The Department of Education and the state board shall offer optional assistance to 17
local school districts and schools in developing and using continuous assessment 18
strategies needed to assure student progress. The continuous assessment shall 19
provide diagnostic information to improve instruction to meet the needs of 20
individual students. 21
(16) The Administration Code for Kentucky's Assessment Program shall include 22
prohibitions of inappropriate test preparation activities by school district employees 23
charged with test administration and oversight, including but not limited to the issue 24
of teachers being required to do test practice in lieu of regular classroom instruction 25
and test practice outside the normal work day. The code shall include disciplinary 26
sanctions that may be taken toward a school or individuals. 27 UNOFFICIAL COPY 22 RS SB 59/GA
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(17) The Kentucky Board of Education, after the Department of Education has received 1
advice from the Office of Education Accountability; the School Curriculum, 2
Assessment, and Accountability Council; and the department's technical advisory 3
committee, shall promulgate an administrative regulation under KRS Chapter 13A 4
to establish the components of a reporting structure for assessments administered 5
under this section. The reporting structure shall include the following components: 6
(a) A school report card that clearly communicates with parents and the public 7
about school performance. The school report card shall be sent to the parents 8
of the students of the districts, and information on electronic access to a 9
summary of the results for the district shall be published in the newspaper 10
with the largest circulation in the county. It shall include but not be limited to 11
the following components reported by race, gender, and disability when 12
appropriate: 13
1. Student academic achievement, including the results from each of the 14
assessments administered under this section; 15
2. For Advanced Placement, Cambridge Advanced International, and 16
International Baccalaureate, the courses offered, the number of students 17
enrolled, completing, and taking the examination for each course, and 18
the percentage of examinees receiving a score of three (3) or better on 19
AP examinations, a score of "e" or better on Cambridge Advanced 20
International examinations, or a score of four (4) or better on IB 21
examinations. The data shall be disaggregated by gender, race, students 22
with disabilities, and economic status; 23
3. Nonacademic achievement, including the school's attendance, retention, 24
graduation rates, and student transition to postsecondary; 25
4. School learning environment, including measures of parental 26
involvement; and 27 UNOFFICIAL COPY 22 RS SB 59/GA
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5. Any other school performance data required by the Every Student 1
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor; 2
(b) An individual student report to parents for each student in grades three (3) 3
through eight (8) summarizing the student's skills in reading, science, social 4
studies, and mathematics. The school's staff shall develop a plan for 5
accelerated learning for any student with identified deficiencies or strengths; 6
and 7
(c) A student's score[highest scores] on the college admissions 8
assessment[assessments] administered under subsection (5)(b)5. of this 9
section. 10
(18) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 11
Kentucky Department of Education shall implement a comprehensive process 12
for reviewing and revising the academic standards in visual and performing 13
arts and practical living skills and career studies for all levels and in foreign 14
language for middle and high schools. The department shall develop review 15
committees for the standards for each of the content areas that include 16
representation from certified specialist public school teachers and 17
postsecondary teachers in those subject areas. 18
(b) The academic standards in practical living skills for elementary, middle, and 19
high school levels shall include a focus on drug abuse prevention, with an 20
emphasis on the prescription drug epidemic and the connection between 21
prescription opioid abuse and addiction to other drugs, such as heroin and 22
synthetic drugs. 23
(c) The department shall provide to all schools guidelines for programs that 24
incorporate the adopted academic standards in visual and performing arts and 25
practical living and career studies. The department shall provide to middle and 26
high schools guidelines for including a foreign language program. The 27 UNOFFICIAL COPY 22 RS SB 59/GA
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guidelines shall address program length and time, courses offered, staffing, 1
resources, and facilities. 2
(d) The Kentucky Department of Education, in consultation with certified public 3
school teachers of visual and performing arts, may develop program standards 4
for the visual and performing arts. 5
(19) The Kentucky Department of Education shall provide to all schools guidelines for 6
including an effective writing program within the curriculum. Each school-based 7
decision making council or, if there is no school council, a committee appointed by 8
the principal, shall adopt policies that determine the writing program for its school 9
and submit it to the Department of Education for review and comment. The writing 10
program shall incorporate a variety of language resources, technological tools, and 11
multiple opportunities for students to develop complex communication skills for a 12
variety of purposes. 13
(20) (a) The Kentucky Department of Education, in consultation with the review 14
committees described in subsection (18) of this section, shall develop a school 15
profile report to be used by all schools to document how they will address the 16
adopted academic standards in their implementation of the programs as 17
described in subsection (18) of this section, which may include student 18
opportunities and experiences in extracurricular activities. The department 19
shall include the essential workplace ethics program on the school profile 20
report. 21
(b) By October 1 of each year, each school principal shall complete the school 22
profile report, which shall be signed by the members of the school council, or 23
the principal if no school council exists, and the superintendent. The report 24
shall be electronically transmitted to the Kentucky Department of Education, 25
and the original shall be maintained on file at the local board office and made 26
available to the public upon request. The department shall include a link to 27 UNOFFICIAL COPY 22 RS SB 59/GA
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each school's profile report on its Web site. 1
(c) If a school staff member, student, or a student's parent has concerns regarding 2
deficiencies in a school's implementation of the programs described in 3
subsection (18) of this section, he or she may submit a written inquiry to the 4
school council. 5
Section 2. KRS 158.6455 is amended to read as follows: 6
It is the intent of the General Assembly that schools succeed with all students and receive 7
the appropriate consequences in proportion to that success. 8
(1) (a) The Kentucky Board of Education shall create an accountability system to 9
classify districts and schools in accordance with the academic standards and 10
student assessment program developed pursuant to KRS 158.6453. 11
(b) The accountability system shall include an annual meaningful differentiation 12
of all public schools in the state using multiple measures that describe the 13
overall performance of each district, school, and student subgroup. 14
Performance shall be based on a combination of academic and school quality 15
indicators and measures, hereinafter called "state indicators." The state 16
indicators shall exclusively include: 17
1. Student assessment results; 18
2. Progress toward achieving English proficiency by limited English 19
proficiency students; 20
3. Quality of school climate and safety; 21
4. High school graduation rates; 22
5. Postsecondary readiness for each high school student, which shall be 23
included as an academic indicator, and shall be measured by one (1) of 24
the following: 25
a. Meeting or exceeding a college readiness benchmark score on the 26
college admissions examination used as the statewide assessment 27 UNOFFICIAL COPY 22 RS SB 59/GA
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in KRS 158.6453(5)(b)5. or a college placement examination 1
approved by the Council on Postsecondary Education. The college 2
readiness benchmark score shall be established by the Council on 3
Postsecondary Education;[ or] 4
b. Achieving three (3) hours of college credit or postsecondary 5
articulated credit by completing a course approved by the 6
Kentucky Board of Education; 7
c. Achieving a benchmark score on an Advanced Placement, 8
International Baccalaureate, Cambridge Advanced 9
International, or other nationally recognized exam approved by 10
the Kentucky Board of Education that generally qualifies the 11
student for three (3) or more hours of college credit; 12
d. Completing a required number of hours or achieving a 13
benchmark within an apprenticeship, cooperative, or internship 14
that is aligned with a credential or associate degree and 15
approved by the Kentucky Board of Education after receiving 16
input from the Local Superintendents Advisory Council; or 17
e. Achieving[Achievement of college credit, postsecondary 18
articulated credit, apprenticeship time toward a credential or 19
associate degree, or] any industry-recognized certifications, 20
licensures, or credentials, with more weight in accountability for 21
industry-recognized certifications, licensures, or credentials 22
identified as high demand in accordance with the process 23
described in paragraph (e) of this subsection. Eligible industry-24
recognized certifications, licensures, or credentials shall not be 25
limited to those earned in conjunction with a minimum sequence 26
of courses. Each high school shall publicly report the credits, 27 UNOFFICIAL COPY 22 RS SB 59/GA
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hours, and credentials on an annual basis; and 1
6. Any other factor mandated by the federal Every Student Succeeds Act of 2
2015, Pub. L. No. 114-95, or its successor. 3
(c) 1. Beginning with data from the 2020-2021 and 2021-2022 school years, 4
the accountability system performance for each district, school, and 5
student subgroup determined by the state indicators shall be based on a 6
combination of annual performance, hereinafter called "status," and 7
improvement over time, hereinafter called "change." 8
2. Status and change shall receive equal weight in determining overall 9
performance. For all students as a group and separately for individual 10
subgroups, status shall be determined, beginning with the data from the 11
2020-2021 academic year, by using the current year performance and 12
change shall be determined, beginning with the data from the 2021-2022 13
academic year, by using the difference in performance from the prior to 14
current year, except change shall be based on the difference in 15
performance for the prior three (3) years for the purpose of determining 16
the lowest-performing five percent (5%) of schools under KRS 17
160.346(2) and (3). 18
3. For each state indicator, there shall be five (5) status levels ranging from 19
very high to very low and five (5) change levels ranging from increased 20
significantly to declined significantly. 21
4. The percentile cut scores for status and change levels shall be based on 22
distribution and shall be approved by the Kentucky Department of 23
Education and the Local Superintendents Advisory Council. The cut 24
scores shall remain in place for at least six (6) years unless existing cut 25
scores no longer support meaningful differentiation of schools as 26
required by the federal Every Student Succeeds Act of 2015, Pub. L. No. 27 UNOFFICIAL COPY 22 RS SB 59/GA
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114-95, or its successor. 1
(d) Beginning in the fall of 2022, the Kentucky Department of Education shall 2
develop an online display of the accountability system results hereinafter 3
called a "dashboard." A color-coded performance level for each state indicator 4
shall be displayed in a straightforward manner on the dashboard for overall 5
performance, status, and change by district, school, and individual subgroups. 6
Overall performance shall aggregate all available data for the state indicators. 7
(e) Based on data from the Kentucky Center for Education and Workforce 8
Statistics, each local workforce investment board, in conjunction with local 9
economic development organizations from its state regional sector, shall 10
annually compile a list of industry-recognized certifications, licensures, and 11
credentials specific to the state and regional workforce area, rank them by 12
demand for the state and regional area, and provide the list to the Kentucky 13
Workforce Innovation Board. The Kentucky Workforce Innovation Board, in 14
conjunction with the Kentucky Department of Education, may revise the lists 15
before the Kentucky Department of Education disseminates the lists to all 16
school districts to be used as postsecondary readiness indicators. 17
(f) 1. The Kentucky Department of Education shall pay for the cost of an 18
assessment taken by a high school student for attaining an industry-19
recognized certification, credential, or licensure if the student 20
consecutively completes at least two (2) related career pathway courses 21
approved by the department prior to taking the assessment. 22
2. If a high school student has not completed the two (2) course 23
requirement described in subparagraph 1. of this paragraph but meets 24
performance-based experience eligibility and passes an assessment, the 25
department shall provide a weighted reimbursement amount to the 26
school district for the cost of the assessment based on the level of 27 UNOFFICIAL COPY 22 RS SB 59/GA
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demand of the certificate, credential, or license earned. The Kentucky 1
Board of Education shall promulgate regulations establishing the 2
performance-based experience eligibility requirements and weighted 3
reimbursement amounts. 4
(g) Prior to promulgating administrative regulations to revise the accountability 5
system, the board shall seek advice from the School Curriculum, Assessment, 6
and Accountability Council; the Office of Education Accountability; the 7
Education Assessment and Accountability Review Subcommittee; and the 8
department's technical advisory committee. 9
(2) A student's test scores shall be counted in the accountability measure of: 10
(a) 1. The school in which the student is currently enrolled if the student has 11
been enrolled in that school for at least a full academic year as defined 12
by the Kentucky Board of Education; or 13
2. The school in which the student was previously enrolled if the student 14
was enrolled in that school for at least a full academic year as defined by 15
the Kentucky Board of Education; and 16
(b) The school district if the student is enrolled in the district for at least a full 17
academic year as defined by the Kentucky Board of Education; and 18
(c) The state if the student is enrolled in a Kentucky public school prior to the 19
beginning of the statewide testing period. 20
(3) After receiving the advice of the Office of Education Accountability; the School 21
Curriculum, Assessment, and Accountability Council; and the department's 22
technical advisory committee, the Kentucky Board of Education shall promulgate 23
an administrative regulation in conformity with KRS 158.6471 and 158.6472 and 24
KRS Chapter 13A to establish more rigorous action, intervention, and appropriate 25
consequences for schools that fail to exit comprehensive support and improvement 26
status described in KRS 160.346. The consequences shall be designed to improve 27 UNOFFICIAL COPY 22 RS SB 59/GA
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the academic performance and learning environment of identified schools and may 1
include but not be limited to: 2
(a) A review and audit process to determine the appropriateness of a school's or 3
district's classification and to recommend needed assistance; 4
(b) School and district improvement plans; 5
(c) Eligibility to receive Commonwealth school improvement funds under KRS 6
158.805; 7
(d) Education assistance from highly skilled certified staff; and 8
(e) Observation of school personnel. 9
(4) All students who drop out of school during a school year shall be included in a 10
school's annual average school graduation rate calculation. 11
(5) After receiving the advice of the Education Assessment and Accountability Review 12
Subcommittee, the Office of Education Accountability; the School Curriculum, 13
Assessment, and Accountability Council; and the department's technical advisory 14
committee, the Kentucky Board of Education may promulgate by administrative 15
regulation, in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A, 16
a system of district accountability that includes establishing a formula for 17
accountability, goals for improvement over a three (3) year period, rewards for 18
leadership in improving teaching and learning in the district, and consequences that 19
address the problems and provide assistance when one (1) or more schools in the 20
district fail to exit comprehensive support and improvement status after three (3) 21
consecutive years of implementing the turnaround intervention process described in 22
KRS 160.346. 23
(6) After receiving the advice of the Office of Education Accountability; the School 24
Curriculum, Assessment, and Accountability Council; and the department's 25
technical advisory committee, the Kentucky Board of Education shall promulgate 26
administrative regulations in conformity with KRS 158.6471 and 158.6472 and 27 UNOFFICIAL COPY 22 RS SB 59/GA
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KRS Chapter 13A to establish a process whereby a school or school district shall be 1
allowed to appeal any performance judgment made by the department under this 2
section or KRS 160.346 of a principal, superintendent, school, or school district 3
which it considers grossly unfair. Upon appeal, an administrative hearing shall be 4
conducted in accordance with KRS Chapter 13B. The state board may adjust a 5
performance judgment on appeal when evidence of unusual circumstances warrants 6
the conclusion that the performance judgment is based on fraud or a mistake in 7
computations, is arbitrary, is lacking any reasonable basis, or when there are 8
significant new circumstances occurring during the three (3) year assessment period 9
which are beyond the control of the appellant school or school district. 10
(7) Advice and recommendations provided by the department's technical advisory 11
committee shall be summarized and reported by the department by July 1 and 12
December 1 of each year to the Office of Education Accountability. The report shall 13
include: 14
(a) Advice and recommendations provided by panel members relating to: 15
1. Development and modification to the assessment and accountability 16
system; 17
2. The development of administrative regulations governing the assessment 18
and accountability system; 19
3. The setting of standards used in the assessment and accountability 20
system; and 21
4. KRS 158.6453, 158.6455, 158.782, or 158.860; and 22
(b) Any documentation used by the panel in support of the panel's advice and 23
recommendations. 24
Upon receipt of the report, the Office of Education Accountability shall forward the 25
report to the Education Assessment and Accountability Review Subcommittee and 26
the co-chairs of the Interim Joint Committee on Education. 27