703 KAR 5:240. Accountability Definitions and Procedures.

EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Kentucky Board of Education

Department of Education

(New Administrative Regulation)

703 KAR 5:240. Accountability Definitions and Procedures.

RELATES TO: KRS 158.6451

STATUTORY AUTHORITY: KRS 158.6453; KRS 158.6455

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 158.6451 requires the Kentucky Board of Education to promulgate administrative regulations to create and implement a balanced statewide assessment and accountability program that measures the achievement of students, schools and districts, complies with the federal No Child Left Behind Act of 2001, 20 U.S.C. secs. 6301 et seq., or its successor and ensures accountability. This administrative regulation establishes technical definitions and administrative guidelines for Kentucky’s assessment and accountability program.

Section 1. Definitions for accountability purposes. (1) "A1" means a school under administrative control of a principal and eligible to establish a school-based decision-making council. An A1 school is not an alternative program operated by, or as a part of, another school.

(2) "Alternative program" means all other education programs not classified as A1.

Section 2. Assigning Students for School and District Accountability (1) A student enrolled in an A1 school for a full academic year as defined in 703 KAR 5:200 shall be counted in the membership of the A1 school and shall be attributed to the A1 school for accountability purposes. This shall include students who have been enrolled in an A1 school by any authority including state agency children.

(2) A student enrolled in an A1 school and attending an alternative program during the year as a result of local school district policies or procedures shall be counted in the membership of the A1 school and shall be attributed to the A1 school for accountability purposes if the student’s combined enrollment in the A1 school and alternative program is a full academic year as defined in 703 KAR 5:200.

(3) A student enrolled in an alternative program for a full academic year as defined in 703 KAR 5:200 shall be attributed to the accountability of the A1 school that the student would have attended if not enrolled in the alternative program.

(4) A student not enrolled in an A1 school or an alternative program for a full academic year as defined in 703 KAR 5:200, but enrolled in a district for a full academic year shall be assigned to the district for accountability purposes.

Section 3. Assigning Students for State Accountability. (1) Students enrolled in alternative programs, and not attributed to an A1 school or district shall be aggregated into a state level accountability report.

(2) If a student is enrolled in an alternative program by a court, a governmental agency other than a Kentucky public school or Kentucky school district, the student is accountable to the state.

Section 4. Inclusion of schools in accountability. (1) All A1 schools shall receive annual accountability classifications as defined in the state’s assessment and accountability system and shall receive recognition or support defined by 703 KAR 5:222.

(2) For reporting purposes, all alternative programs shall receive annual reports based on tested students. Reports for alternative programs shall be separate from the A1 school accountability reporting. The alternative programs reports shall outline the unique features and characteristics of the alternative program and the appropriate uses and limitations of the data. State support and recognition as defined in 703 KAR 5:222 may apply to an alternative program at the discretion of the Commissioner of Education.

Section 5. Standard grade configuration for accountability. (1) Accountable grade level configurations shall be elementary, middle, or high school.

(a) Elementary includes any configuration of grades K-5 or K-6;

(b) Middle school includes any configuration of grades 5- 8 or 6-8; and

(2) An A1 school and alternative program may fall into one, two or three levels for accountability reporting.

Section 6. Reporting of Schools with Changed School Service Area (1) For reporting purposes, a school’s past data trend shall be removed from public reporting if a school has a significant change in its stable population. A school shall be considered to have a stable population, if as a result of a change in service area boundaries or local board of education policies affecting student population served by a school, the population of the school remains at sixty (60) percent or higher of its original students from the previous year in the accountability grades. To determine if the population is stable, the number of students in the stable population shall be divided by the total number of students in the grades included in the accountability calculations. If the stable population is sixty (60) percent or higher, the school’s past trend data shall be reported.

(2) A school district shall notify the Department of Education of any school that has an unstable population compared to the prior years by October 1.

Section 7. Data Review and School or district appeal of accountability classifications. (1) A written request for a data review shall be submitted to the Department of Education within ten (10) days after the Department of Education officially releases the final classifications to the public.

(2) A written appeal of a final accountability classification shall be submitted to the Commissioner of Education within forty-five (45) days after the Department of Education officially releases the accountability classifications. The appeal of a final classification shall:

(a) Identify clearly the basis for the wrongful effect on the calculations used to place a school into a classification.

(b) Detail the requested adjustment to be made to the calculations used to place a school into a classification.

(3) The request for an appeal for a school accountability classification 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 local board of education. The request for an appeal for a district accountability classification shall be signed by superintendent upon approval of the local board of education.

(4) Department of Education staff shall review the request for an appeal against the standards set forth in KRS 158.6455(8). 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.

(5) 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.

Section 8. Student participation in state assessments. (1) All students enrolled shall participate in at the appropriate grade level for the state-required assessments in grades 3-8, the college readiness tests, and the writing on demand tests. For assessment and accountability purposes the state shall not use the primary level designator and all students in grades 3-12 shall be assigned a single grade level. The assigned grade level will determine the state tests to administer. Exceptions for testing shall be made for medical-exempted students and foreign-exchange students. Students categorized as English Learners (EL) shall follow testing guidelines set forth by the federal No Child Left Behind Act of 2001, 20 U.S.C. secs. 6301 et seq., or its successor.

(2) High school students shall participate in the state-required end of course testing program after completing the appropriate course linked to the end of course test.

(3) For the state assessments in grades 3-8, the college readiness tests and the writing on demand tests, a school shall test all students enrolled in each accountability grade on the first day of the school’s testing window and shall complete a Kentucky Department of Education approved roster of students.

(4) For the end of course tests, the school shall test all students completing the end of course test and shall complete a Kentucky Department of Education approved roster of students.

(5) A student retained in a grade in which state-required assessments are administered shall participate in the assessments for that grade again and shall continue to be included in all accountability calculations. A high school student who re-takes a course attached to an end of course test shall take the end of course test at the end of each appropriate course.

(6) A student who is suspended or expelled but continues to receive instructional services required under KRS 158.150 shall participate in the state-required assessments.

Section 9. Students not participating in state-required assessments. (1) If a student does not participate in state-required assessments, the school at which the student was enrolled on the first day of the testing window shall include the student in the Department of Education approved roster of students.

(2) A student who does not take the state assessments and does not qualify for approved exempted status shall be assigned the lowest reportable score on the appropriate test for accountability calculations.

(3) A student reaching the age of twenty-one (21) years of age who no longer generates state funding under Support Education Excellence in Kentucky shall not be required to participate in state-required assessments.

(4) A student who is expelled and legally not provided instructional services under the standards established in KRS 158.150 shall not be considered to be enrolled for a full academic year, and shall not be included in accountability calculations.

(5) If a student has been expelled or suspended at some point during a year and is enrolled but does not complete the state-required assessment, the student shall be included in the accountability calculation.

(6) If participation in the state-required assessment would jeopardize a student’s physical, mental or emotional well-being, a school or district shall submit a request for medical exemption, which is subject to the approval of the Department of Education and which describes the medical condition that warrants exempting a student from the assessments. An identified disability or handicapping condition alone shall not be considered sufficient reason for granting a medical exemption to state-required assessment and accountability requirements. A student with an approved medical exemption shall be excluded from state-required assessments and state and federal accountability calculations.

(7) A foreign exchange student may be assessed with state-required assessments, but the foreign exchange student scores shall not be included in the accountability calculations.

(8) If the student moves out of state or to a private school before state-required assessments can be completed in the school or district’s announced testing window, the student shall be excluded from accountability calculations.

Section 10. Required participation in the National Assessment of Educational Progress (NAEP) and state-required field testing. (1) If a school is selected by the U.S. Department of Education or its designated contractors to participate in NAEP testing, the school shall participate fully.

(2) If a school is selected by the Kentucky Department of Education to participate in field testing for state assessment purposes, the school shall participate fully.

This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Board of Education, as required by KRS 156.070(4).

TERRY HOLLIDAY, Ph.D., Commissioner of Education

DAVID KAREM, Chairperson

APPROVED BY AGENCY: December 15, 2011

FILED WITH LRC: December 15, 2011 at noon

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this proposed administrative regulation shall be held on January 30, 2012, at 10:00 a.m. in the State Board Room, 1st Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this meeting shall notify this agency in writing five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until January 31, 2012. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to:

CONTACT PERSON: Kevin C. Brown, General Counsel, Kentucky Department of Education, First Floor, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321 or email at kevin.brown@education.ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Kevin C. Brown

(1) Provide a brief summary of:

(a) What this administrative regulation does: This administrative regulation establishes accountability definitions and procedures for the Commonwealth’s new assessment and accountability system to classify schools and districts.

(b) The necessity of this administrative regulation: KRS 158.6453 requires the Kentucky Board of Education to create and implement a balanced statewide assessment program that measures the achievement of students, schools and districts, complies with the federal No Child Left Behind Act of 2001, 20 U.S.C. secs. 6301 et seq., or its successor and ensures accountability.

(c) How this administrative regulation conforms to the content of the authorizing statute: This administrative regulation provides information necessary for the statewide assessment and accountability program. The regulation implements the requirements of KRS 158.6453, KRS 158.6455 and the No Child Left Behind Act of 2001, 20 U.S.C. secs. 6301 et seq.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation provides definitions and procedures for the Commonwealth’s new assessment and accountability system to classify schools and districts.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation: Not an amendment.

(b) The necessity of the amendment to this administrative regulation: Not an amendment.

(d) How the amendment will assist in the effective administration of the statutes: Not an amendment.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All public school districts in Kentucky and supporting staff in the Kentucky Department of Education.

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including: The regulation will impact schools and districts by providing procedures for implementing the new assessment and accountability system used to classify school and district performance.

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The regulation provides definitions and procedures for schools, districts or the state to use when assigning students for school, district and state accountability calculations; reporting schools in accountability; defining standard grade configuration in accountability; reporting of schools with changed school service area; processing data review and appeal of accountability classifications; testing students or documenting non-participation and participating in the National Assessment of Educational Progress (NAEP) or state-required field testing.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no new cost to school districts.

(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Kentucky schools and districts will have clear procedures for Kentucky’s assessment and accountability system used to classify school and district performance.

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially: The proposed amendment will require development of new explanatory materials and data programs for the assessment and accountability system in the normal course of work for staff. No additional costs are expected.

(b) On a continuing basis: The proposed regulation does not result in additional costs.

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: KDE operating funds

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: Current funding supports implementation and data reporting for school and district accountability.

(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation does not establish fees or directly or indirectly increase any fees.

(9) TIERING: Is tiering applied? Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all school districts.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes

2. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? School districts.

3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 158.6453, KRS 158.6455 and the No Child Left Behind Act of 2001, 20 U.S.C. secs. 6301 et seq.

4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. There will be no additional revenue generated by this administrative regulation. No additional costs to school districts are expected.

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None

(c) How much will it cost to administer this program for the first year? The proposed regulation will require no additional cost beyond costs that are currently being expended for the state assessment and accountability system.

(d) How much will it cost to administer this program for subsequent years? The proposed regulation will require no additional cost beyond costs that are currently being expended for the state assessment and accountability system.

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

Revenues (+/-):

Expenditures (+/-):

Other Explanation: