703 KAR 5:050. Statewide Assessment and Accountability Program; school building appeal of performance judgments.
RELATES TO: KRS 158.645, 158.6451, 158.6453, 158.6455
STATUTORY AUTHORITY: KRS 158.6455
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.6455 requires the Kentucky Board of Education to promulgate administrative regulations to establish a process whereby a school shall be allowed to appeal a performance judgment considered to be grossly unfair. This administrative regulation establishes the procedures for an appeal of a performance judgment consistent with KRS 158.6455.
Section 1. Definitions. (1) "Baseline accountability index" means the accountability index score that describes the school’s performance during the 1998-99 and 1999-2000 school years, and is that number against which progress shall be measured.
(2) "Growth accountability index" means the accountability index that describes a school’s performance every two (2) years, and is that number compared to the school’s predicted or baseline index as an indicator of change in school performance.
(3) "Performance judgment" means the classification of a school in a particular performance category for the purpose of holding the school accountable for the percentage of successful students.
Section 2. (1) A written appeal of a performance judgment shall be submitted to the Commissioner of Education within forty-five (45) days after the Department of Education officially releases the performance judgments to the public.
(2) A written request for a data review shall be submitted to the Commissioner of Education within fourteen (14) days after the Department of Education officially releases the performance judgments to the public. If, as a result of a data review, the performance judgment is subsequently revised, or if a school is not satisfied with the results of a data review, a written appeal of a performance judgment shall be submitted to the Commissioner of Education within thirty (30) days after the school has received the official notification of the revised performance judgment or data review results.
(3) The request shall be signed by the principal upon approval of the school council. If there is no school council, the request shall also be signed by the superintendent, upon approval of the school board.
(4) The appeal of a performance judgment shall clearly identify the basis for the wrongful effect on the baseline accountability index or the growth accountability index.
(5) The appeal shall detail the requested adjustment to be made to one (1) or more of these indices.
(6) The Kentucky Department of Education staff shall review the request against the standards set forth in KRS 158.6455. A committee shall be appointed by the Commissioner of Education to review the pending appeals and make recommendations to the Commissioner of Education as to whether to dispute an appeal. The committee may include a teacher, a parent, a principal, a district assessment coordinator, a superintendent, and a counselor. If the appeal is disputed by the department, it shall submit the request to the hearing officer for the Kentucky Board of Education.
(7) The hearing officer shall conduct a hearing in accordance with KRS Chapter 13B. The hearing officer shall submit a written recommended order to the Kentucky Board of Education for the board's consideration in rendering its final order, in accordance with KRS Chapter 13B. (25 Ky.R. 2242; eff. 5-3-99.)