704 KAR 3:390. Extended school services.

704 KAR 3:390. Extended school services.

RELATES TO: KRS 158.070

STATUTORY AUTHORITY: KRS 156.070, 158.070

NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.070(8) requires schools to provide continuing education beyond the minimum school term for students in need of extended services and requires the Kentucky Board of Education to promulgate administrative regulations establishing criteria for the allotment of grants to local school districts to provide these services. KRS 158.070(8) also requires the Kentucky Board of Education to establish criteria for waivers by which programs may be scheduled on a limited basis during the regular school day. This administrative regulation established requirements for extended school services, regardless of when during the school day or calendar they are delivered.

Section 1. Definitions. (1) "Extended school services" or "ESS" means instructional and support services provided:

(a) By school districts for students who need additional time to achieve academic expectations in 703 KAR 4:060; and

(b) at times separate from the regular school day, regular school week, or the minimum school term unless a district’s request for a waiver meets the criteria established in Section 7 of this administrative regulation and has been approved by the Commissioner of Education.

(2) "Support services" means noninstructional components of a program that:

(a) Are provided to enable the student to realize the benefits of the instructional program; and

(b) may include transportation, instructional materials or supplies, student snacks, school-based counseling, parent training for follow through, or referrals for social, health or financial assistance through appropriate service agencies.

Section 2. Instructional Program. (1) The major emphases of extended school services shall be:

(a) To enhance the present level of performance of students who are having difficulty in one (1) or more content areas;

(b) To provide extended programming for students who have been retained or who are at risk of being retained in a class or grade or of failing to graduate on time or dropping out without additional assistance; and

(c) To close the achievement gap of low-performing students so that the students will perform successfully in the instructional program appropriate to their age ranges.

(2) The instructional program for extended school services shall include:

(a) A method to assess the priority educational needs of each individual student and to determine the academic expectations to be exhibited by the student at the end of the program;

(b) An appropriate educational program designed for the individual student which assists the student in mastering the academic expectations within the timelines specified by the program;

(c) An ongoing method of informal and formal assessment to document the student's progress toward mastery of the academic expectations;

(d) A schedule of services which shall be of the duration and regularity necessary to allow mastery of the academic expectations within a reasonable and projected timeline;

(e) Teaching techniques that provide support and continuity relative to the regular school program; and

(f) Varied instructional approaches which may include:

1. Tutorial instruction;

2. A modified approach to reteaching to ensure needs of the individual students are met;

3. Diagnostic or prescriptive services;

4. Computer-assisted instruction; or

5. Counseling if needed to assist the student in overcoming social or behavioral problems which interfere with the student's academic success.

(3) The instructional program may utilize a variety of scheduling models including:

(a) Extended day programs which are scheduled any time outside of the regular school day and which may include a night program;

(b) Saturday programs which operate for a full or half day over a specified period of time;

(d) Flexible school calendars which allow eligible students to attend school for a longer period of time than other students; or

(e) Programs operated during the regular school day as approved by the Commissioner of Education and that meet the criteria provided in Section 7 of this administrative regulation.

(4) Extended school services programs shall not replace or substitute for the instructional time of the regular program, but shall provide additional instructional time in a targeted content area and specific area of need.

(5) Certified staff shall provide instruction or regularly supervise a noncertified tutor including a peer tutor.

(6) Teachers providing instruction in extended school programs which are offered for academic credit for purposes of promotion or graduation shall meet the same professional qualifications as teachers who are employed in the regular school program.

(7) Extended school services shall be provided to eligible students who are in the first year of the primary school program through the twelfth grade. Students shall be eligible to receive these services until they graduate from the twelfth grade or become twenty one (21) years of age, whichever comes first.

Section 3. Student Selection. Selection of pupils to receive extended school services shall be as follows:

(1) Each school district shall select pupils as described in Section 2(1) of this administrative regulation who need additional instructional time to attain academic expectations. A student shall not be selected or assigned to receive extended school services for disciplinary purposes or for any kind of in-school suspension.

(2)(a) Within its scope of authority, a local board of education or school council may mandate the participation of eligible students to extended school services through the adoption of a written policy which shall describe all conditions under which attendance will be required and shall provide a description of any exceptions permissible under the policy.

(b) Conditions for attendance may include:

1. The characteristics of the students who will be required to attend;

2. A description of the criteria by which they may exit the extended school program or may no longer be required to attend;

3. The conditions under which a targeted student may be excused from attendance; or

4. The arrangements for transporting the students mandated to attend.

(c) The local school board shall provide notice of the policy in the district's annual extended school services program report which is submitted at the same time as the district's comprehensive school improvement plan.

(3) In assessing a student's need for extended school services, the schools shall consider the student's performance in:

(a) Academic skill areas for a single subject or single class, application of those skills to everyday life situations, and integration of skills and experiences to acquire new information;

(b) School attendance if it negatively affects academic performance;

(d) Physical and mental readiness for learning; and

(e) If applicable, readiness for transition to work, postsecondary education or the military.

(4) The following methods of documentation shall be used to verify which students shall be determined eligible and in greatest need of extended school services:

(a) Teacher recommendation based upon classroom observation and anecdotal records or parent recommendation;

(b) Academic performance based upon analysis of student work and formal and informal measurements of progress; or

(5) Local school boards shall approve and disseminate procedures whereby pupils who have a greater need as determined by the eligibility criteria shall be referred and selected first to receive extended school services. These procedures shall not exclude students who have greater academic need from referral or selection for extended school services due to the inability of the parent or student to provide transportation.

(6) Schools shall inform parents and guardians of extended school services which will be offered in the school setting including:

(a) A general notification which describes the nature of the services to be offered including the opportunities for maintenance of performance, prevention of failure and reduction of academic deficiencies;

(b) A specific notification to parents or guardians of their child's eligibility to receive or assignment to extended school services. A school shall maintain documentation of continuing and appropriate efforts to gain parental approval and support for students to attend the program offered outside of the school day; and

(c) Written procedures for parents or guardians to request reconsideration of their children's identification or lack of identification of eligibility for extended school services outside of the school day.

Section 4. Funding. (1) Each school district shall be eligible to receive a grant award from available funds to provide extended school services. Available funds shall be the amount of the total appropriation less two (2) percent for state administrative costs.

(2) The commissioner of education shall determine the amount of the grant award for which each school district is eligible based upon the following division of funds:

(a) One-half (1/2) of the total funds shall be distributed based on the most current average daily attendance (ADA);

(b) One-sixth (1/6) of the total funds shall be distributed based on the most current rates of economic deprivation (ED);

(d) One-sixth (1/6) of the total funds shall be distributed based on the most current CATS Academic Indices (AI).

(3) Actual district allocations shall be calculated as follows:

(a) Determine the state total for ADA by summing the ADA for all districts;

(b) Determine the percentage each district shall receive for ADA by dividing the district's ADA by the state total ADA. The resulting percentage (%) multiplied times the total funds available for average daily attendance equals the amount the district shall receive for ADA;

1. The state total for ED shall be the sum of all districts' ED quotients. Each district's ED quotient shall be calculated by multiplying the district's ED times the district's ADA;

2. The state total for AI shall be the sum of all districts' AI quotients. Each district's AI quotient shall be calculated by subtracting the AI from 100 and then multiplying the difference by the district's ADA; and

3. The state total for DR shall be the sum of all district's DR quotients. Each district's DR quotient shall be calculated by multiplying the district's DR times the district's ADA;

(d) Determine the percentage each district shall receive for ED by multiplying the district's ED times the district's ADA and divide the result by the state's total ED, as determined by paragraph (c)1 of this subsection. The resulting percentage (%) multiplied times the total funds available for economic deprivation shall equal the amount the district shall receive for ED;

(e) Determine the percentage each district shall receive for AI by multiplying the district's AI times the district's ADA and divide the result by the state's total AI as determined by paragraph (c)2 of this subsection. The resulting percentage (%) multiplied times the total funds available for academic indices shall equal the amount the district shall receive for AI;

(f) Determine the percentage each district shall receive for DR by multiplying the district's DR times the district's ADA and divide the result by the state's total DR as determined by paragraph (c)3 of this subsection. The resulting percentage (%) times the total funds available for dropout rate shall equal the amount the district shall receive for DR; and

(g) Sum the district's portions for ADA, ED, AI, and DR to determine the district's total ESS allocation.

(4) To ensure the opportunity for all school districts to provide effective extended school services of adequate size and scope, a school district shall not receive a grant of less than $15,000.

(5) Grant awards shall be made to each school district upon approval by the commissioner of education of an application as prescribed in Section 5 of this administrative regulation. Regular grant funds shall be available for use by school districts for fifteen (15) months through September 30 of the last year of the grant period. All services shall be delivered by September 30 of the last year of the grant period and all expenditures shall be paid for extended school services by December 30 of the last year of the grant period.

(6) Received for extended school services shall be expended for instructional and support services necessary to provide an effective program.

(b) These services shall include salaries of personnel.

(c) Transportation and staff development related to the provision of extended school services shall be permissible support services. Support may include expenditures for field trips which shall not exceed two (2) percent of the district’s allocation for students served by the extended school services program.

(d) Funds for extended school services shall not be used for capital outlay or indirect costs.

(e) School districts shall be authorized to enter into contractual arrangements if needed to provide comprehensive extended school service programs.

(f) The funds may be expended for instructional materials and supplies if a need is demonstrated and the district does not have the supplies and materials available.

(g) Part of these funds may be used for up to three (3) percent of the district’s allocation for operation of plant for a summer extended school services program which shall be prorated if other programs are taking place at the same time and place.

(h) Part of these funds may be used for administrative costs which shall not exceed five (5) percent of the district’s allocation.

(i) Students shall not receive monetary compensation to attend the extended school services program.

(j) School districts shall have on file written criteria for the selection of personnel employed in extended school services and ensure staffing decisions are made to best meet the needs of students.

(7) Financial records for extended school services shall be maintained by each school district and shall be submitted to the Department of Education via the state technology system.

Section 5. Requesting Funds. (1) The request for the use of extended school services funds shall be submitted as part of the comprehensive district’s improvement plan.

(2) (a) District applications for funds shall be approved by the commissioner of education prior to the encumbrance or expenditure of funds for extended school services by any school district, including the contracting for personnel for extended school services.

(b) Approval of programs as described in each district's comprehensive improvement plan, required program reports, and request for a waiver for alternative service delivery shall be based on this administrative regulation and KRS 158.070.

Section 6. Program Evaluation. School districts providing extended school services shall submit to the Department of Education:

(1) Student data through the STI Program at the end of the regular school term and any summer term in which funds are expended for extended school services;

(2) a separate written evaluation and evaluative data as approved in the waiver application, if the school district receives approval to implement extended school services during the regular school day; and

(3) Comparative data relative to the regular extended school service program and the daytime extended school service program including:

(a) Pre- and poststudent qualitative and quantitative performance data;

(b) Student attendance at extended school services; and

Section 7. Waiver for Alternative Service Delivery. The commissioner of education may consider a request for a waiver to operate a program during the school day or to use an alternative delivery format. A request for waiver shall include:

(1) A rationale describing why a daytime program is needed in addition to the regular extended school services program, including specific data and documentation of previous efforts to serve individual students during the regular extended school program;

(2) A description of the instructional program that meets the criteria established in Section 2 of this administrative regulation and includes a schedule that ensures each participating student receives additional instructional time during the school day without missing instruction in the same or other assessed content area. The regular program teacher in collaboration with the teacher delivering extended school services shall set measurable goals and objectives for student and teacher performance, including formal and informal assessments that extend beyond classroom grades and CATS scores;

(3) A description of the student selection process that meets the criteria in Sections 2 and 3 of this administrative regulation;

(4) Detailed, accurate budget using correct MUNIS codes. A person compensated with ESS funds shall devote his or her time to delivering ESS services during the time period for which he or she is being compensated with ESS funds; and

(5) Specific information related to program evaluation described in Section 6 of this administrative regulation. It shall include a continuous monitoring and evaluation plan to ensure the needs of individual learners are met. (17 Ky.R. 695; eff. 10-14-90; Am. 19 Ky.R. 994; 1375; eff. 12-9-92; 23 Ky.R. 186; eff. 9-5-96; 29 Ky.R. 1349; 2094; eff. 2-3-03.)