EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Kentucky Board of Education

Department of Education

(New Administrative regulation)

704 KAR 5:070. Common Kindergarten Entry Screener.

      RELATES TO: KRS 156.070, KRS 156.160

      STATUTORY AUTHORITY: KRS 156.070, KRS 156.160

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.070 gives the Kentucky Board of Education the management and control over all programs operated in the public schools. KRS 156.160 gives the Kentucky Board of Education specific authority to promulgate administrative regulations establishing standards which school districts shall meet in student, operational, and program service to students. A common kindergarten entry screener is a key element of measurement for students entering the public schools and is necessary to determine a student’s readiness for school in the five domains of school readiness outlined in this administrative regulation. This administrative regulation establishes minimum requirements for administration of a common kindergarten entry screener in school districts.

      Section 1: Definitions. (1) "School readiness" in Kentucky means students entering school ready to engage in and benefit from early learning experiences that best promote the student’s success.

      (2) "Screener" means an instrument designed to identify students who need further diagnostic assessment for evaluation.

      (3) "Prior early learning settings" means the categories of early learning settings in which each student participated prior to attending kindergarten. The settings are:

      (a) Child care center;

      (b) Head Start program;

      (c) State funded preschool;

      (d) Home; and

      (e) Other.

      (4) "System of measurement" means the use of multiple assessments for multiple purposes across the learning continuum for data to be tracked and used to guide continuous improvement for students.

      Section 2: Required kindergarten entry screener. Pursuant to KRS Chapter 45A, the Department shall adopt a statewide kindergarten entry screener that:

      (1) Aligns with the definition of school readiness and the Kentucky Early Childhood Standards, June 2009;

      (2) Assesses the domains of adaptive, cognitive, communication, motor, and social emotional as established in Kentucky’s Early Childhood Standards, June 2009;

      (3) Is a reliable and valid screener for its intended purposes for the target populations, including English learners and students with disabilities; and

      (4) Produces point in time student level results that indicate level of school readiness in the five domains outlined in this subsection.

      Section 3: Administration of kindergarten entry screener. (1) Beginning in the 2012-13 academic year, Kentucky public school districts shall administer the common kindergarten entry screener adopted by the Department.

      (2) School districts shall administer the kindergarten entry screener to each student entering kindergarten in the school district no earlier than 15 days prior to the start of the current academic year and no later than the 30th instructional day of the academic year.

      Section 4: Data Collection and Reporting. (1) Each school containing kindergarten students shall enter the data from the kindergarten entry screener in the student information system within thirty (30) days of the district’s administration of the kindergarten entry assessment screener.

      (2) Data shall be reported by the Department at an aggregate level by:

      (a) School district

      (b) School readiness domain;

      (c) Student demographics; and

      (d) Prior early learning settings.

      Section 5: District use of kindergarten entry screener: (1) A district shall provide individual student results of the screener to parents or guardians of individual students.

      (2) A district shall not use the kindergarten entry screener results to determine eligibility for enrollment. All students who meet the enrollment requirements of KRS 159.010 shall be entitled to enter kindergarten without regard to the results of the kindergarten entry screener.

      (3) Districts may use the kindergarten entry screener data as a system of measurement in the following ways:

      (a) To inform districts, parents and communities about early learning in order to close the school readiness gap;

      (b) To inform policy decisions at the local level to support early learning experiences prior to school entry;

      (c) To establish local goals for program improvement in order to achieve early learning outcomes; and

      (d) To include data as evidences in the Kindergarten through Grade three (3) Program Evaluation under 703 KAR 5:230.

      (4) The results of the screener shall not be utilized as part of the school’s or districts’ overall score to determine recognition or support contained in any regulation promulgated by the Board pursuant to KRS 158.6455.

      Section 6. Incorporation by Reference. (1) "Kentucky Early Childhood Standards", June 2009, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Education, Office Next Generation Learners, 18th Floor, Capitol Plaza Tower, 500 Mero Street, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

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 minimum requirements for administration of a common kindergarten entry screener.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to ensure that all districts have a common screener as part of a system of measurement to best meet the needs of early learners.

      (c) How this administrative regulation conforms to the content of the authorizing statute: KRS 156.160 gives the Kentucky Board of Education specific authority to promulgate administrative regulations establishing standards which school districts shall meet in program service to students. Establishing a common screener falls within the Kentucky Board of Education’s authority in this statute.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The administrative regulation outlines the requirements for the administration of a common kindergarten entry screener.

      (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.

      (c) How the amendment conforms to the content of the authorizing statute: 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 that have kindergarten programs.

      (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 proposed regulation will impact identified schools and districts by providing for them (at KDE expense) a common screener and professional development related to the screener. Districts are currently using district funds to pay for their screener. Also, the data collected from the common kindergarten entry screener will assist districts and schools to meet the needs of primary students.

      (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: School districts and schools will need to administer the common kindergarten entry screener provided by the Kentucky Department of Education and support KDE in providing professional development on the administration and use of resulting data. The districts and schools will need to report data aggregately to be publically reported.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be no cost to the districts and schools other than minimal administrative costs. The common kindergarten entry assessment is funded by the Kentucky Department of Education.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The school districts and schools will benefit from the use of the screener by having data to do the following:

Districts may use the kindergarten entry screener data in the following ways:

      (a) As part of a system of measurement to inform districts, parents and communities about early learning in order to close the school readiness gap;

      (b) To inform policy decisions at the local level to support early learning experiences prior to school entry;

      (c) To establish local goals for program improvement in order to achieve early learning outcomes;

      (d) To utilize the data as part of the Kindergarten through Grade three (3) Program Review.

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

      (a) Initially: The proposed regulation results in additional costs to the Kentucky Department of Education for the screener and professional development. The estimated cost is between 1.3 and 3.0 million dollars.

      (b) On a continuing basis: The proposed regulation results in additional costs to the Kentucky since students would be screened every year. The cost will decrease once the screener has been administered over time.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The kindergarten entry screener will be paid for out of state general fund dollars.

      (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: No increase will be necessary.

      (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 containing kindergarten programs.

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 156.070 and 156.160

      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. The amount of dollars expended by the Department for this administrative regulation is estimated at $1.3 –$ 3 million dollars. There will be minimal administration cost at the district level.

      (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 is estimated to cost the Kentucky Department of Education between $1.3 –$ 3 million dollars.

      (d) How much will it cost to administer this program for subsequent years? The estimated cost per year remains this same with a reduction each year as teachers are trained.

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

      Revenues (+/-):

      Expenditures (+/-): $1.3 - $3 million

      Other Explanation: