UNOFFICIAL COPY 24 RS SB 167/GA
Page 1 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
AN ACT relating to public school students' communication skills. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.160 is amended to read as follows: 3
(1) With the advice of the Local Superintendents Advisory Council, the Kentucky 4
Board of Education shall promulgate administrative regulations establishing 5
standards which school districts shall meet in student, program, service, and 6
operational performance. These regulations shall comply with the expected 7
outcomes for students and schools set forth in KRS 158.6451. Administrative 8
regulations shall be promulgated for the following: 9
(a) Courses of study for the different grades and kinds of common schools 10
identifying the common curriculum content directly tied to the goals, 11
outcomes, and assessment strategies developed under KRS 158.645, 12
158.6451, and 158.6453 and distributed to local school districts and schools. 13
The administrative regulations shall provide that: 14
1. If a school offers American sign language, the course shall be accepted 15
as meeting the foreign language requirements in common schools 16
notwithstanding other provisions of law; 17
2. If a school offers the Reserve Officers Training Corps program, the 18
course shall be accepted as meeting the physical education requirement 19
for high school graduation notwithstanding other provisions of law;[ 20
and] 21
3. Every public middle and high school's curriculum shall include 22
instruction on the Holocaust and other cases of genocide, as defined by 23
the United Nations Convention on the Prevention and Punishment of the 24
Crime of Genocide, that a court of competent jurisdiction, whether a 25
court in the United States or the International Court of Justice, has 26
determined to have been committed by applying rigorous standards of 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 2 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
due process; and 1
4. Beginning in the 2025-2026 school year, cursive writing shall be 2
included as a course of study in all elementary schools and shall be 3
designed to ensure proficiency in cursive writing by the end of grade 4
five (5); 5
(b) Courses of study or educational experiences available to students in all middle 6
and high schools to fulfill the prerequisites for courses in advanced science 7
and mathematics as defined in KRS 158.845; 8
(c) The acquisition and use of educational equipment for the schools as 9
recommended by the Council for Education Technology; 10
(d) The minimum requirements for high school graduation in light of the 11
expected outcomes for students and schools set forth in KRS 158.6451. The 12
minimum requirements shall not include achieving any postsecondary 13
readiness indicator as described in KRS 158.6455 or any minimum score on a 14
statewide assessment administered under KRS 158.6453. Student scores from 15
any assessment administered under KRS 158.6453 that are determined by the 16
department's technical advisory committee to be valid and reliable at the 17
individual level shall be included on the student transcript. The department's 18
technical advisory committee shall submit its determination to the 19
commissioner of education and the Legislative Research Commission; 20
(e) The requirements for an alternative high school diploma for students with 21
disabilities whose individualized education program indicates that, in 22
accordance with 20 U.S.C. sec. 1414(d)(1)(A): 23
1. The student cannot participate in the regular statewide assessment; and 24
2. An appropriate alternate assessment has been selected for the student 25
based upon a modified curriculum and an individualized course of 26
study; 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 3 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
(f) Taking and keeping a school census, and the forms, blanks, and software to be 1
used in taking and keeping the census and in compiling the required reports. 2
The board shall create a statewide student identification numbering system 3
based on students' Social Security numbers. The system shall provide a 4
student identification number similar to, but distinct from, the Social Security 5
number, for each student who does not have a Social Security number or 6
whose parents or guardians choose not to disclose the Social Security number 7
for the student; 8
(g) Sanitary and protective construction of public school buildings, toilets, 9
physical equipment of school grounds, school buildings, and classrooms. With 10
respect to physical standards of sanitary and protective construction for school 11
buildings, the Kentucky Board of Education shall adopt the Uniform State 12
Building Code; 13
(h) Medical inspection, physical and health education and recreation, and other 14
regulations necessary or advisable for the protection of the physical welfare 15
and safety of the public school children. The administrative regulations shall 16
set requirements for student health standards to be met by all students in 17
grades four (4), eight (8), and twelve (12) pursuant to the outcomes described 18
in KRS 158.6451. The administrative regulations shall permit a student who 19
received a physical examination no more than six (6) months prior to his or 20
her initial admission to Head Start to substitute that physical examination for 21
the physical examination required by the Kentucky Board of Education of all 22
students upon initial admission to the public schools, if the physical 23
examination given in the Head Start program meets all the requirements of the 24
physical examinations prescribed by the Kentucky Board of Education; 25
(i) A vision examination by an optometrist or ophthalmologist that shall be 26
required by the Kentucky Board of Education. The administrative regulations 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 4 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
shall require evidence that a vision examination that meets the criteria 1
prescribed by the Kentucky Board of Education has been performed. This 2
evidence shall be submitted to the school no later than January 1 of the first 3
year that a three (3), four (4), five (5), or six (6) year-old child is enrolled in a 4
public school, public preschool, or Head Start program; 5
(j) 1. Beginning with the 2010-2011 school year, a dental screening or 6
examination by a dentist, dental hygienist, physician, registered nurse, 7
advanced practice registered nurse, or physician assistant that shall be 8
required by the Kentucky Board of Education. The administrative 9
regulations shall require evidence that a dental screening or examination 10
that meets the criteria prescribed by the Kentucky Board of Education 11
has been performed. This evidence shall be submitted to the school no 12
later than January 1 of the first year that a five (5) or six (6) year-old 13
child is enrolled in a public school. 14
2. A child shall be referred to a licensed dentist if a dental screening or 15
examination performed by anyone other than a licensed dentist identifies 16
the possibility of dental disease; 17
(k) The transportation of children to and from school; 18
(l) The fixing of holidays on which schools may be closed and special days to be 19
observed, and the pay of teachers during absence because of sickness or 20
quarantine or when the schools are closed because of quarantine; 21
(m) The preparation of budgets and salary schedules for the several school 22
districts under the management and control of the Kentucky Board of 23
Education; 24
(n) A uniform series of forms and blanks, educational and financial, including 25
forms of contracts, for use in the several school districts; 26
(o) The disposal of real and personal property owned by local boards of 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 5 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
education; and 1
(p) The development and implementation of procedures, for all students who are 2
homeless children and youths as defined in 42 U.S.C. sec. 11434a(2), to do 3
the following: 4
1. Awarding and accepting of credit, including partial credit, for all 5
coursework satisfactorily completed by a student while enrolled at 6
another school; 7
2. Allowing a student who was previously enrolled in a course required for 8
graduation the opportunity, to the extent practicable, to complete the 9
course, at no cost to the student, before the beginning of the next school 10
year; 11
3. Awarding a diploma, at the student's request, by a district from which 12
the student transferred, if the student transfers schools at any time after 13
the completion of the student's second year of high school and the 14
student is ineligible to graduate from the district to which the student 15
transfers, but meets the graduation requirements of the district from 16
which the student transferred; and 17
4. Exempting the student from all coursework and other requirements 18
imposed by the local board of education that are in addition to the 19
minimum requirements for high school graduation established by the 20
Kentucky Board of Education pursuant to paragraph (d) of this 21
subsection in the district to which the student transfers, if the student 22
transfers schools at any time after the completion of the student's second 23
year of high school and the student is ineligible to graduate both from 24
the district to which the student transfers and the district from which the 25
student transferred. 26
(2) (a) At the request of a local board of education or a school council, a local school 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 6 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
district superintendent shall request that the Kentucky Board of Education 1
waive any administrative regulation promulgated by that board. Beginning in 2
the 1996-97 school year, a request for waiver of any administrative regulation 3
shall be submitted to the Kentucky Board of Education in writing with 4
appropriate justification for the waiver. The Kentucky Board of Education 5
may approve the request when the school district or school has demonstrated 6
circumstances that may include but are not limited to the following: 7
1. An alternative approach will achieve the same result required by the 8
administrative regulation; 9
2. Implementation of the administrative regulation will cause a hardship on 10
the school district or school or jeopardize the continuation or 11
development of programs; or 12
3. There is a finding of good cause for the waiver. 13
(b) The following shall not be subject to waiver: 14
1. Administrative regulations relating to health and safety; 15
2. Administrative regulations relating to civil rights; 16
3. Administrative regulations required by federal law; and 17
4. Administrative regulations promulgated in accordance with KRS 18
158.6451, 158.6453, 158.6455, and this section, relating to measurement 19
of performance outcomes and determination of successful districts or 20
schools, except upon issues relating to the grade configuration of 21
schools. 22
(c) Any waiver granted under this subsection shall be subject to revocation upon 23
a determination by the Kentucky Board of Education that the school district or 24
school holding the waiver has subsequently failed to meet the intent of the 25
waiver. 26
(3) Any private, parochial, or church school may voluntarily comply with curriculum, 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 7 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
certification, and textbook standards established by the Kentucky Board of 1
Education and be certified upon application to the board by such schools. 2
(4) Any public school that violates the provisions of KRS 158.854 shall be subject to a 3
penalty to be assessed by the commissioner of education as follows: 4
(a) The first violation shall result in a fine of no less than one (1) week's revenue 5
from the sale of the competitive food; 6
(b) Subsequent violations shall result in a fine of no less than one (1) month's 7
revenue from the sale of the competitive food; 8
(c) "Habitual violations," which means five (5) or more violations within a six (6) 9
month period, shall result in a six (6) month ban on competitive food sales for 10
the violating school; and 11
(d) Revenue collected as a result of the fines in this subsection shall be 12
transferred to the food service fund of the local school district. 13
Section 2. KRS 158.6453 is amended to read as follows: 14
(1) As used in this section: 15
(a) "Accelerated learning" means an organized way of helping students meet 16
individual academic goals by providing direct instruction to eliminate student 17
performance deficiencies or enable students to move more quickly through 18
course requirements and pursue higher level skill development; 19
(b) "Constructed-response items" or "performance-based items" means individual 20
test items that require the student to create an answer rather than select a 21
response and may include fill-in-the-blank, short-answer, extended-answer, 22
open-response, and writing-on-demand formats; 23
(c) "Criterion-referenced test" means a test that is aligned with defined academic 24
content standards and measures an individual student's level of performance 25
against the standards; 26
(d) "End-of-course examination" means the same as defined in KRS 158.860; 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 8 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
(e) "Formative assessment" means a process used by teachers and students during 1
instruction to adjust ongoing teaching and learning to improve students' 2
achievement of intended instructional outcomes. Formative assessments may 3
include the use of commercial assessments, classroom observations, teacher-4
designed classroom tests and assessments, and other processes and 5
assignments to gain information about individual student learning; 6
(f) "Interim assessments" means assessments that are given periodically 7
throughout the year to provide diagnostic information and to show individual 8
student performance against content standards; 9
(g) "Summative assessment" means an assessment given at the end of the school 10
year, semester, or other period of time to evaluate students' performance 11
against content standards within a unit of instruction or a course; and 12
(h) "Writing" means a purposeful act of thinking and expression that uses 13
language to explore ideas and communicate meaning to others. Writing is a 14
complex, multifaceted act of communication and is distinct from basic 15
handwriting or penmanship. 16
(2) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 17
Kentucky Department of Education shall implement a process for reviewing 18
Kentucky's academic standards and the alignment of corresponding 19
assessments for possible revision or replacement to ensure alignment with 20
transition readiness standards necessary for global competitiveness, state 21
career and technical education standards, and KRS 158.196. 22
(b) The revisions to the content standards shall: 23
1. Focus on critical knowledge, skills, and capacities needed for success in 24
the global economy; 25
2. Result in fewer but more in-depth standards to facilitate mastery 26
learning; 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 9 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
3. Communicate expectations more clearly and concisely to teachers, 1
parents, students, and citizens; 2
4. Be based on evidence-based research; 3
5. Consider international benchmarks; and 4
6. Ensure that the standards are aligned from elementary to high school to 5
postsecondary education so that students can be successful at each 6
education level. 7
(c) 1. The department shall establish four (4) standards and assessments 8
review committees, with each committee composed of a minimum of six 9
(6) Kentucky public school teachers and a minimum of two (2) 10
representatives from Kentucky institutions of higher education, 11
including at least one (1) representative from a public institution of 12
higher education. Each committee member shall teach in the subject 13
area that his or her committee is assigned to review and have no prior or 14
current affiliation with a curriculum or assessment resources vendor. 15
2. One (1) of the four (4) committees shall be assigned to focus on the 16
review of language arts and writing academic standards and 17
assessments, one (1) on the review of mathematics academic standards 18
and assessments, one (1) on the review of science academic standards 19
and assessments, and one (1) on the review of social studies academic 20
standards and assessments. 21
(d) 1. The department shall establish twelve (12) advisory panels to advise and 22
assist each of the four (4) standards and assessments review committees. 23
2. Three (3) advisory panels shall be assigned to each standards and 24
assessments review committee. One (1) panel shall review the standards 25
and assessments for kindergarten through grade five (5), one (1) shall 26
review the standards and assessments for grades six (6) through eight 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 10 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
(8), and one (1) shall review the standards and assessments for grades 1
nine (9) through twelve (12). 2
3. Each advisory panel shall be composed of at least one (1) representative 3
from a Kentucky institution of higher education and a minimum of six 4
(6) Kentucky public school teachers who teach in the grade level and 5
subject reviewed by the advisory panel to which they are assigned and 6
have no prior or current affiliation with a curriculum or assessment 7
resources vendor. 8
(e) The commissioner of education and the president of the Council on 9
Postsecondary Education shall also provide consultants for the standards and 10
assessments review committees and the advisory panels who are business and 11
industry professionals actively engaged in career fields that depend on the 12
various content areas. 13
(f) 1. The standards and assessments process review committee is hereby 14
established and shall be composed of the commissioner of education or 15
designee as a nonvoting member and nine (9) voting representatives of 16
public schools, of whom at least two (2) shall be parents of public 17
school students, appointed by the Governor and confirmed by the Senate 18
in accordance with KRS 11.160 as follows: 19
a. One (1) language arts teacher; 20
b. One (1) math teacher; 21
c. One (1) science teacher; 22
d. One (1) social studies teacher; 23
e. Two (2) school principals; 24
f. Two (2) school superintendents; and 25
g. One (1) school board member. 26
2. On making appointments to the committee, the Governor shall ensure 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 11 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
broad geographical urban and rural representation and representation of 1
elementary, middle, and high school levels; ensure equal representation 2
of the two (2) sexes, inasmuch as possible; and ensure that appointments 3
reflect the minority racial composition of the Commonwealth. 4
3. The review of the committee shall be limited to the procedural aspects 5
of the review process undertaken prior to its consideration. 6
4. Notwithstanding KRS 12.028, the committee shall not be subject to 7
reorganization by the Governor. 8
(g) 1. The review process implemented under this subsection shall be an open, 9
transparent process that allows all Kentuckians an opportunity to 10
participate. The department shall ensure the public's assistance in 11
reviewing and suggesting changes to the standards and alignment 12
adjustments to corresponding state assessments by establishing a Web 13
site dedicated to collecting comments by the public and educators. An 14
independent third party, which has no prior or current affiliation with a 15
curriculum or assessment resources vendor, shall be selected by the 16
department to collect and transmit the comments to the department for 17
dissemination to the appropriate advisory panel for review and 18
consideration. 19
2. Each advisory panel shall review the standards and assessments for its 20
assigned subject matter and grade level and the suggestions made by the 21
public and educators. After completing its review, each advisory panel 22
shall make recommendations for changes to the standards and alignment 23
adjustments for assessments to the appropriate standards and 24
assessments review committee. 25
3. Each standards and assessments review committee shall review the 26
findings and make recommendations to revise or replace existing 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 12 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
standards and to adjust alignment of assessments. 1
4. The recommendations shall be published on the Web site established in 2
this subsection for the purpose of gathering additional feedback from the 3
public. The commissioner shall subsequently present the 4
recommendations and the public feedback to the Interim Joint 5
Committee on Education. 6
5. The commissioner shall subsequently provide a report to the standards 7
and assessments process review committee summarizing the process 8
conducted under this subsection and the resulting recommendations. The 9
report shall include but not be limited to the timeline of the review 10
process, public feedback, and responses from the Interim Joint 11
Committee on Education. 12
6. After receiving the commissioner's report, the standards and assessments 13
process review committee shall either concur that stakeholders have had 14
adequate opportunity to provide input on standards and the 15
corresponding alignment of state assessments or find the input process 16
deficient. If the process is found deficient, the recommendations may be 17
returned to the appropriate standards and assessments review committee 18
for review as described in subparagraph 3. of this paragraph. If the 19
process is found sufficient, the recommendations shall be forwarded 20
without amendment to the Kentucky Board of Education. 21
(h) The Kentucky Board of Education shall promulgate administrative regulations 22
in accordance with KRS Chapter 13A as may be needed for the administration 23
of the review process, including staggering the timing and sequence of the 24
review process by subject area and remuneration of the review committees 25
and advisory panels described in paragraphs (c) and (d) of this subsection. 26
(i) 1. The Kentucky Board of Education shall consider for approval the 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 13 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
revisions to academic standards for a content area and the alignment of 1
the corresponding state assessment once recommendations are received 2
from the standards and assessments process review committee. Existing 3
state academic standards shall remain in place until the board approves 4
new standards. 5
2. Any revision to, or replacement of, the academic standards and 6
assessments as a result of the review process conducted under this 7
subsection shall be implemented in Kentucky public schools no later 8
than the second academic year following the review process. Existing 9
academic standards shall be used until new standards are implemented. 10
3. The Department of Education shall disseminate the academic content 11
standards to the schools and teacher preparation programs. 12
(j) The Department of Education shall provide or facilitate statewide training 13
sessions for existing teachers and administrators on how to: 14
1. Integrate the revised content standards into classroom instruction; 15
2. Better integrate performance assessment of students within their 16
instructional practices; and 17
3. Help all students use higher-order thinking and communication skills. 18
(k) The Education Professional Standards Board in cooperation with the 19
Kentucky Board of Education and the Council on Postsecondary Education 20
shall coordinate information and training sessions for faculty and staff in all of 21
the teacher preparation programs in the use of the revised academic content 22
standards. The Education Professional Standards Board shall ensure that each 23
teacher preparation program includes use of the academic standards in the 24
pre-service education programs and that all teacher interns will have 25
experience planning classroom instruction based on the revised standards. 26
(l) The Council on Postsecondary Education in cooperation with the Kentucky 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 14 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
Department of Education and the postsecondary education institutions in the 1
state shall coordinate information sessions regarding the academic content 2
standards for faculty who teach in the various content areas. 3
(3) (a) The Kentucky Board of Education shall be responsible for creating and 4
implementing a balanced statewide assessment program that measures the 5
students', schools', and districts' achievement of the goals set forth in KRS 6
158.645 and 158.6451, to ensure compliance with the federal Every Student 7
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure 8
school accountability. 9
(b) The board shall revise the annual statewide assessment program as needed in 10
accordance with revised academic standards and corresponding assessment 11
alignment adjustments approved by the board under subsection (2) of this 12
section. 13
(c) The statewide assessments shall not include any academic standards not 14
approved by the board under subsection (2) of this section. 15
(d) The board shall seek the advice of the Office of Education Accountability; the 16
School Curriculum, Assessment, and Accountability Council; the Education 17
Assessment and Accountability Review Subcommittee, and the department's 18
technical advisory committee in the development of the assessment program. 19
The statewide assessment program shall not include measurement of a 20
student's ability to become a self-sufficient individual or to become a 21
responsible member of a family, work group, or community. 22
(4) (a) The academic components of the statewide assessment program shall be 23
composed of annual student summative tests, which may include a 24
combination of multiple competency-based assessment and performance 25
measures approved by the Kentucky Board of Education. 26
(b) The annual student summative tests shall: 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 15 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
1. Measure individual student achievement in language, reading, English, 1
mathematics, science, and social studies at designated grades; 2
2. Provide teachers and parents a valid and reliable comprehensive analysis 3
of skills mastered by individual students; 4
3. Provide diagnostic information that identifies strengths and academic 5
deficiencies of individual students in the content areas; 6
4. Provide information to teachers that can enable them to improve 7
instruction for current and future students; 8
5. Provide longitudinal profiles for students; and 9
6. Ensure school and district accountability for student achievement of the 10
goals set forth in KRS 158.645 and 158.6451, except the statewide 11
assessment program shall not include measurement of a student's ability 12
to become a self-sufficient individual or to become a responsible 13
member of a family, work group, or community. 14
(5) The state student assessments shall include the following components: 15
(a) Elementary and middle grades requirements are: 16
1. A criterion-referenced test each in mathematics and reading in grades 17
three (3) through eight (8) that is valid and reliable for an individual 18
student and that measures the depth and breadth of Kentucky's academic 19
content standards; 20
2. A criterion-referenced test each in science and social studies that is valid 21
and reliable for an individual student as necessary to measure the depth 22
and breadth of Kentucky's academic content standards to be 23
administered one (1) time within the elementary and middle grades, 24
respectively; 25
3. An on-demand assessment of student writing to be administered one (1) 26
time within the elementary grades and one (1) time within the middle 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 16 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
grades; and 1
4. An editing and mechanics test relating to writing, using multiple choice 2
and constructed response items, to be administered one (1) time within 3
the elementary and the middle grades, respectively; 4
(b) High school requirements are: 5
1. A criterion-referenced test in mathematics, reading, and science that is 6
valid and reliable for an individual student and that measures the depth 7
and breadth of Kentucky's academic content standards to be 8
administered one (1) time within the high school grades; 9
2. A criterion-referenced test in social studies that is valid and reliable for 10
an individual student as necessary to measure the depth and breadth of 11
Kentucky's academic content standards to be administered one (1) time 12
within the high school grades; 13
3. An on-demand assessment of student writing to be administered one (1) 14
time within the high school grades; 15
4. An editing and mechanics test relating to writing, using multiple choice 16
and constructed response items, to be administered one (1) time within 17
the high school grades; and 18
5. A college admissions examination to assess English, reading, 19
mathematics, and science in the spring of grade eleven (11); 20
(c) The Kentucky Board of Education shall add any other component necessary 21
to comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, 22
or its successor, as determined by the United States Department of Education; 23
(d) The criterion-referenced components required in this subsection shall be 24
composed of constructed response items and multiple choice items; 25
(e) The Kentucky Board of Education may incorporate end-of-course 26
examinations into the assessment program to be used in lieu of requirements 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 17 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
for criterion-referenced tests required under paragraph (b) of this subsection; 1
and 2
(f) The results of the assessment program developed under this subsection shall 3
be used by schools and districts to determine appropriate instructional 4
modifications for all students in order for students to make continuous 5
progress, including that needed by advanced learners. 6
(6) Each school district shall administer the statewide student assessment during the 7
last fourteen (14) days of school in the district's instructional calendar. The 8
Kentucky Board of Education may change the testing window to allow for 9
innovative assessment systems or other online test administration and shall 10
promulgate administrative regulations that minimize the number of days of testing 11
and outline the procedures to be used during the testing process to ensure test 12
security, including procedures for testing makeup days, and to comply with federal 13
assessment requirements. 14
(7) A student enrolled in a district-operated or district-contracted alternative program 15
shall participate in the appropriate assessments required by this section. 16
(8) A local school district may select and use commercial interim or formative 17
assessments or develop and use its own formative assessments to provide data on 18
how well its students are growing toward mastery of Kentucky academic standards, 19
so long as the district's local school board develops a policy minimizing the 20
reduction in instructional time related to the administration of the interim 21
assessments. Nothing in this section precludes teachers from using ongoing teacher-22
developed formative processes. 23
(9) Each school that enrolls primary students shall use diagnostic assessments and 24
prompts that measure readiness in reading and mathematics for its primary students 25
as determined by the school to be developmentally appropriate. The schools may 26
use commercial products, use products and procedures developed by the district, or 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 18 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
develop their own diagnostic procedures. The results shall be used to inform the 1
teachers and parents or guardians of each student's skill level. 2
(10) The state board shall ensure that a technically sound longitudinal comparison of the 3
assessment results for the same students shall be made available. 4
(11) The following provisions shall apply to the college admissions examination 5
described in subsection (5)(b)5. of this section: 6
(a) The cost of the college admissions examination administered to students in 7
high school shall be paid for by the Kentucky Department of Education. The 8
costs of additional college admissions examinations shall be the responsibility 9
of the student; 10
(b) If funds are available, the Kentucky Department of Education shall provide a 11
college admissions examination preparation program to all public high school 12
juniors. The department may contract for necessary services; and 13
(c) Accommodations provided to a student with a disability taking the college 14
admissions assessment under this subsection shall consist of: 15
1. Accommodations provided in a manner allowed by the college 16
admissions assessment provider when results in test scores are 17
reportable to a postsecondary institution for admissions and placement 18
purposes, except as provided in subparagraph 2. of this paragraph; or 19
2. Accommodations provided in a manner allowed by a student's 20
individualized education program as defined in KRS 158.281 for a 21
student whose disability precludes valid assessment of his or her 22
academic abilities using the accommodations provided under 23
subparagraph 1. of this paragraph when the student's scores are not 24
reportable to a postsecondary institution for admissions and placement 25
purposes. 26
(12) Kentucky teachers shall have a significant role in providing feedback about the 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 19 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
design of the assessments, except for the college admissions exam described in 1
subsection (5)(b)5. of this section. The assessments shall be designed to: 2
(a) Measure grade appropriate core academic content, basic skills, and higher-3
order thinking skills and their application; 4
(b) Provide valid and reliable scores for schools. If scores are reported for 5
students individually, they shall be valid and reliable; 6
(c) Minimize the time spent by teachers and students on assessment; and 7
(d) Assess Kentucky academic standards only. 8
(13) The results from assessment under subsections (3) and (5) of this section shall be 9
reported to the school districts and schools no later than seventy-five (75) days 10
following the last day the assessment can be administered. Assessment reports 11
provided to the school districts and schools shall include an electronic copy of an 12
operational subset of test items from each assessment administered to their students 13
and the results for each of those test items by student and by school. 14
(14) The Department of Education shall gather information to establish the validity of 15
the assessment and accountability program. It shall develop a biennial plan for 16
validation studies that shall include but not be limited to the consistency of student 17
results across multiple measures, the congruence of school scores with documented 18
improvements in instructional practice and the school learning environment, and the 19
potential for all scores to yield fair, consistent, and accurate student performance 20
level and school accountability decisions. Validation activities shall take place in a 21
timely manner and shall include a review of the accuracy of scores assigned to 22
students and schools, as well as of the testing materials. The plan shall be submitted 23
to the Commission by July 1 of the first year of each biennium. A summary of the 24
findings shall be submitted to the Legislative Research Commission by September 25
1 of the second year of the biennium. 26
(15) The Department of Education and the state board shall offer optional assistance to 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 20 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
local school districts and schools in developing and using continuous assessment 1
strategies needed to ensure student progress. The continuous assessment shall 2
provide diagnostic information to improve instruction to meet the needs of 3
individual students. 4
(16) The Administration Code for Kentucky's Assessment Program shall include 5
prohibitions of inappropriate test preparation activities by school district employees 6
charged with test administration and oversight, including but not limited to the issue 7
of teachers being required to do test practice in lieu of regular classroom instruction 8
and test practice outside the normal work day. The code shall include disciplinary 9
sanctions that may be taken toward a school or individuals. 10
(17) The Kentucky Board of Education, after the Department of Education has received 11
advice from the Office of Education Accountability; the School Curriculum, 12
Assessment, and Accountability Council; and the department's technical advisory 13
committee, shall promulgate an administrative regulation under KRS Chapter 13A 14
to establish the components of a reporting structure for assessments administered 15
under this section. The reporting structure shall include the following components: 16
(a) A school report card that clearly communicates with parents and the public 17
about school performance. The school report card shall be sent to the parents 18
of the students of the districts, and information on electronic access to a 19
summary of the results for the district shall be published in the newspaper 20
with the largest circulation in the county. It shall include but not be limited to 21
the following components reported by race, gender, and disability when 22
appropriate: 23
1. Student academic achievement, including the results from each of the 24
assessments administered under this section; 25
2. For Advanced Placement, Cambridge Advanced International, and 26
International Baccalaureate, the courses offered, the number of students 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 21 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
enrolled, completing, and taking the examination for each course, and 1
the percentage of examinees receiving a score of three (3) or better on 2
AP examinations, a score of "e" or better on Cambridge Advanced 3
International examinations, or a score of four (4) or better on IB 4
examinations. The data shall be disaggregated by gender, race, students 5
with disabilities, and economic status; 6
3. Nonacademic achievement, including the school's attendance, retention, 7
graduation rates, and student transition to postsecondary; 8
4. School learning environment, including measures of parental 9
involvement; and 10
5. Any other school performance data required by the Every Student 11
Succeeds Act of 2015, Pub. L. No. 114-95, or its successor; 12
(b) An individual student report to parents for each student in grades three (3) 13
through eight (8) summarizing the student's skills in reading, science, social 14
studies, and mathematics. The school's staff shall develop a plan for 15
accelerated learning for any student with identified deficiencies or strengths; 16
and 17
(c) A student's score on the college admissions assessment administered under 18
subsection (5)(b)5. of this section. 19
(18) (a) Beginning in fiscal year 2017-2018, and every six (6) years thereafter, the 20
Kentucky Department of Education shall implement a comprehensive process 21
for reviewing and revising the academic standards in visual and performing 22
arts and practical living skills and career studies for all levels and in foreign 23
language for middle and high schools. The department shall develop review 24
committees for the standards for each of the content areas that include 25
representation from certified specialist public school teachers and 26
postsecondary teachers in those subject areas. 27 UNOFFICIAL COPY 24 RS SB 167/GA
Page 22 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
(b) The academic standards in practical living skills for elementary, middle, and 1
high school levels shall include a focus on drug abuse prevention, with an 2
emphasis on the prescription drug epidemic and the connection between 3
prescription opioid abuse and addiction to other drugs, such as heroin and 4
synthetic drugs. 5
(c) The department shall provide to all schools guidelines for programs that 6
incorporate the adopted academic standards in visual and performing arts and 7
practical living and career studies. The department shall provide to middle and 8
high schools guidelines for including a foreign language program. The 9
guidelines shall address program length and time, courses offered, staffing, 10
resources, and facilities. 11
(d) The Kentucky Department of Education, in consultation with certified public 12
school teachers of visual and performing arts, may develop program standards 13
for the visual and performing arts. 14
(19) The Kentucky Department of Education shall provide to all school districts 15
guidelines for including an effective writing program within the curriculum. 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 24 RS SB 167/GA
Page 23 of 23
SB016710.100 - 1919 - XXXX 3/5/2024 3:12 PM GA
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