Interim Joint Committee on Education


Minutes of the<MeetNo1> 4th Meeting

of the 2012 Interim


<MeetMDY1> September 10, 2012


Call to Order and Roll Call

The<MeetNo2> fourth meeting of the Interim Joint Committee on Education was held on<Day> Monday,<MeetMDY2> September 10, 2012, at<MeetTime> 1:00 PM, in<Room> Room 154 of the Capitol Annex. Representative Carl Rollins II, Co-Chair, called the meeting to order, and the secretary called the roll.


Present were:


Members:<Members> Senator Ken Winters, Co-Chair; Representative Carl Rollins II, Co-Chair; Senators Walter Blevins Jr., Jared Carpenter, David Givens, Jimmy Higdon, Alice Forgy Kerr, Vernie McGaha, Gerald A. Neal, R.J. Palmer II, Johnny Ray Turner, Jack Westwood, and Mike Wilson; Representatives Linda Belcher, Regina Petrey Bunch, John "Bam" Carney, Hubert Collins, Leslie Combs, C.B. Embry Jr., Bill Farmer, Derrick Graham, Donna Mayfield, Reginald Meeks, Charles Miller, Ruth Ann Palumbo, Ryan Quarles, Jody Richards, Tom Riner, Bart Rowland, Rita Smart, Wilson Stone, Ben Waide, Addia Wuchner, and Jill York.


Guests: Clyde Caudill, Kentucky Association of School Administrators and Jefferson County Public Schools; Tamanda Barnett, parent; Don Meade and Kennedy Turner, Jefferson County Teacher Association, Betty Muntz, Kentucky Council on Exceptional Children, Linda Nickel, Education Professional Standards Board, Charlie Harmon, Kentucky Department of Education; Cindy Baumert, Education Advocate; Wayne Young, Kentucky Association of School Administrators.


LRC Staff: Kenneth Warlick, Jo Carole Ellis, Ben Boggs, Janet Stevens, and Lisa W. Moore.


          Representative Collins moved to approve the minutes of the August 13, 2012, meeting, and Senator Higdon seconded the motion. The motion carried.


          Reports from Subcommittee Meetings

          Senator Kerr reported on the Subcommittee on Postsecondary Education meeting. The subcommittee heard from Bellarmine University, the University of Kentucky (UK), Kentucky State University (KSU), and the Kentucky Community and Technical College System (KCTCS) on the role of the Office of Student Affairs and its effect on student engagement and retention. All university representatives echoed the theme that “an engaged student is a retained student.”


          Senator Kerr said students face many challenges. Among these are mental and physical health, emotional, academic, time management, and financial issues.


Senator McGaha reported on the Subcommittee on Elementary and Secondary Education meeting. The meeting focused on the school federal lunch program. KDE staff reported that in the 2011-12 school year, 18 school districts took part in a federal program that provided free lunch to all students enrolled in specific schools in the districts. Known as the Community Eligibility Option, the program operates as an alternative to household applications for free and reduced price meals. This number of districts participating in the current school year has increased to 52.


The subcommittee discussed concerns pertaining to the changes in portion size in school meals as well as the availability of food for students to take home to share with their family on weekends. These reductions hurt the families most in need. KDE staff agreed to forward the concerns to federal representatives who set the standards. A letter from the subcommittee addressing these concerns will be sent to the United States Department of Agriculture.


Ms. Tina Garland, Coordinator, presented an overview of the Farm to School Program. The goal of the program is to serve healthy meals in school cafeterias while supporting local and regional farmers. The program is also promoting development of school gardens, which contribute to school cafeterias and help teach children the importance of farming.


Education Professional Standard Board Progress Update

Alicia A. Sneed, Acting Executive Director, Education Professional Standards Board (EPSB), said EPSB is one of only 13 independent state professional standard boards across the nation. It was established during the 1990 Kentucky Education Reform Act (KERA) and has 17 members. Fifteen of the members are appointed by the Governor and confirmed by the General Assembly.


Ms. Sneed said EPSB's goals were revised in 2005. The EPSB Board recently redesigned the Master’s Degree and administrative preparation programs. All principal preparation programs are now post-master’s. The curriculum requirements of the superintendent preparation programs are being redesigned.


Ms. Sneed said EPSB is raising admission standards to initial teacher preparation programs. All new teacher candidates will be required to pass a rigorous skills test in math, reading, and writing prior to admission. A 2.75 GPA is required for admission, and candidates must demonstrate essential classroom skills including critical thinking, collaboration, creativity, and communication.


Ms. Sneed said EPSB is developing a quality preparation index for all of Kentucky’s teacher preparation programs. The index includes a fair and reliable measure connecting to K-12 student performance. Kentucky will participate in the National Council of Accreditation for Teacher Education (NCATE) Alliance of states embracing school-based clinical models for educator preparation.


The EPSB implemented its first online application for certification for the TC-4 emergency substitute certificate. Last year, 7,000 substitute teachers were took emergency certification. Teacher interns must demonstrate use and analysis of data from formative and summative assessments. EPSB staff will continue to provide ethics seminars for school districts and educator preparation programs at no cost to ensure that educators are aware of their fiduciary duties to students, parents, and the profession.


EPSB, in collaboration with the Kentucky Department of Education (KDE) and the Council on Postsecondary Education (CPE), coordinated information and training sessions on revised content standards for faculty and staff in all teacher preparation programs. Teacher preparation programs sent the EPSB a current roster of adjunct, part-time, full-time, and term faculty, denoting attendance at information and/or training sessions in the use of Kentucky Core Academic Standards. One hundred percent have completed the training.


Ms. Sneed said EPSB is ensuring teacher preparation programs include the use of academic standards in pre-service programs and that all teacher interns have experience planning classroom instruction based on the revised standards. EPSB appointed a committee to ensure the alignment between the Kentucky Teacher Internship Program (KTIP) and 2009 SB 1.


Ms. Sneed said EPSB, KDE, and other partners are identifying weaknesses in writing instruction and considering how skills to improve writing should best be taught to teachers. EPSB and the Martin School of UK have completed a research study on the effects of instruction in writing for P-12. KDE provided the data.


Dr. Cathy Gunn, EPSB Board Chair, said she is leading the search process to replace the executive director, who retired June 30. Members can direct questions about the search process to her.


Ms. Sneed said EPSB has created a workgroup to endorse an on-line teaching work group to allow certified classroom teachers to be prepared to effectively develop and deliver on-line content. EPSB is creating a special education task force to examine preparation and certification of special education teachers. Finally, EPSB is monitoring the consolidation process of the NCATE and the Teacher Education Accreditation Council (TEAC) as they move toward the creation of a single accrediting body, named the Council for the Accreditation of Educator Preparation (CAEP).


Responding to a question from Representative Stone, Ms. Gunn said her background is in online learning at the K-12 and higher education levels. She said research shows that high levels of instruction can occur in the formal classroom setting and on-line. In regard to teachers obtaining higher degrees in an on-line setting, many traditionalists believe students cannot learn at the same level in an on-line environment. As a former on-line teacher, she said many great discussions occur on-line, and she has shared those with students in the formal classroom. A hybrid approach utilizing both on-line and classroom instruction is the most effective approach. On-line courses are monitored and required to meet the same requirements as a face-to-face class.


Responding to Representative Palumbo, Ms. Gunn said field experiences might include observing a master teacher in a classroom to working with small groups of children within a classroom setting. She said clinical practice for students should involve engagement and discussions with master teachers for reflection. Field experiences begin in the freshman year as soon as students have declared education as their majors. Two hundred hours must be completed before student teaching.


Responding to Representative Graham and Senator Neal, Ms. Gunn agreed that the best and brightest teachers may not have the highest GPA. However, most students are required to have at least a 2.75 GPA, which is equivalent to a “C” average. She said students who show promise can be tutored or mentored and offered extra classes to meet the 2.75 GPA.


Bullitt Advanced Math and Science Program (BAM)

Keith Davis, Superintendent, Bullitt County Schools, said Bullitt County has experienced rapid growth. As indicated in the latest national census, Bullitt experienced at least a 21 percent increase in population over the past 10 years. According to CPE, Bullitt County ranks 119 of 120 counties in the number of additional Bachelor degrees needed to match national averages.


Mr. Davis said Bullitt County secondary and postsecondary leaders partnered to

develop a variety of programs to increase the number of college and work-ready students. The district is determined to transform community expectations and attitudes about higher education and to create a highly educated workforce to improve quality of life.


          Mr. Davis described the unique partnership between Bullitt County Public Schools and the Jefferson Community Technical College (JCTC) Bullitt County Campus. The partnership is based on a series of purposeful action steps designed around the concept that successfully completing some amount of college credit while in high school is an influential factor in obtaining gainful employment and/or persisting in postsecondary education after graduation.


          Mr. Davis said Bullitt County will create the demand for education by increasing awareness. He said 100 percent of high graduates will be either career or college-ready by 2015. Obstacles will be removed by reducing the cost of college by offering dual credit classes in high school. There will be an increase in the persistence in transfer rates by getting quality information and expert college advising to students and families in middle and high school. Every public school will have access to a minimum of 24 college credits by high school graduation.


Donna Miller Bruenger, JCTC, said the 12x12 Middle College program is designed to give college-ready high school juniors and seniors the opportunity to become acclimated to college culture through the pursuit of college credit in a traditional college campus setting. 12x12 is a partnership between Bullitt County Public Schools and JCTC and all classes occur at the Bullitt County Campus of JCTC. The program began in August 2008 and has expanded to include high school juniors who may take two classes per semester, which means those students can earn up to 24 college credits by the end of their high school careers. The specific program requirements outlined for the 12x12 Middle College program are included in the meeting materials located in the Legislative Research Commission (LRC) library.


Mr. Davis said the Bullitt Advanced Math and Science Middle College program (BAMS) is housed at the Bullitt County campus and is a partnership between JCTC and the Bullitt County Public School System. Students are recruited and selected at the end of middle school (8th grade) and spend the first two years of high school in an intensive secondary education experience where they complete a significant portion of the credits required for a high school diploma through in-person, hybrid, or on-line instruction (APEX). The next two years (the junior and senior years of high school) are spent at the Bullitt Campus where students move as a cohort group through traditional classroom settings with other college students and complete the requirements for an Associate’s Degree in Science or Arts while fulfilling the requirements for high school graduation. The specific program requirements and tuition costs for students to participate in BAMS are included in the meeting materials located in the LRC library.


Ms. Bruenger said the Bullitt Accelerated College Advanced Placement (ACAP) Early College program is another partnership between Bullitt County Public School and JCTC. The initiative involves offering dual credit courses by developing successful schedules, hiring highly-qualified professors, and ensuring rigorous college instructional materials are used. Students participating in the ACAP program are able to obtain up to 12 credit hours by the end of spring semester 2013. The classes allow students to accomplish 20 percent of an Associate’s in Arts or Science degree.


Mr. Davis said three Bullitt College and Career Readiness Centers will be built, one attached to each high school. They will provide students flexibility by offering college courses in the evening. They also remove transportation obstacles and integrate “launch pads” in technical skills, career programs, as well as transfer education within each major residential area of the county.


Representative Rollins commended Bullitt County for offering students these dual credit course opportunities. He said the dual credit classes will substantially reduce college debt for students who enroll in college after graduation to complete a four-year degree.


Responding to questions from Senator Givens, Ms. Bruenger said there is an 81 percent persistence rate for students staying enrolled in college upon completion of the Bullitt County Middle College programs. She said this is significant because there is a large percentage of Bullitt County students who would enroll in college upon graduation from high school but who would drop out. The goal for BAMS students is to attend graduate school and find employment in the Bullitt County area.


Mr. Davis said the high schools get to keep the Average Daily Attendance (ADA) funds for the students who participate in the 12x12 or BAMS programs. This allows the high schools to have more money and teachers to work flexibly in other areas. Most of the high school teachers affected by the students attending the college credit programs are being used to tutor other high school students who are struggling. Ms. Bruenger added that those teachers are also used for tutoring the students enrolled in the early college programs, particularly in trigonometry, Algebra, and college level writing. The faculty also stays engaged by assisting students to be successful in the college level courses being offered within the high school.


Responding to Representative Richards question regarding student perception of the early college programs, Alex Carter, Bullitt County BAMS student, said she has benefited from the program. She is more confident in her critical thinking skills and life choices.


Senator Winters commended JCTS and Bullitt County Public Schools on their cooperative venture between postsecondary and secondary education. The partnerships capture the spirit of the intention of SB 1.


Mr. Davis thanked Senator Winters for sponsoring SB 1 and said it was the best piece of legislation to ever come out of the General Assembly. Ms. Bruenger said the early college program’s mission, vision, and action steps were derived from SB 1.


P-20 Data

Joe Meyer, Secretary, Education and Workforce Development Cabinet, said the P-20 data collaborative is a cooperative working relationship among CPE, EPSB, and KDE. It is a comprehensive data system that links early childhood, K-12, teacher certification, workforce, unemployment insurance, and other data to provide a better picture of the overall impact of state policies and practices.


Charles McGrew, Executive Director, Education and Workforce Development Cabinet, said the system has the capability to link high school and college data and will give a better understanding how high school experiences affect college going and success. It will link preschool and early childhood information to kindergarten and elementary school performance to ensure that all children enter schools with the skills needed to be successful.

Mr. McGrew said teacher preparation programs will benefit from the P-20 collaborative by understanding how well graduates are impacting student learning in the classroom. Programs can be modified to ensure that future teachers enter the classrooms with the skills they need to have the greatest impact on students’ learning. Linking education and employment records in the future will provide data on whether Kentucky graduates are entering the workforce and earning a reasonable wage. Data will indicate how well Kentucky colleges are meeting the needs of local industries, and what the return on investment is for education and training programs.


Mr. McGrew said the P-20 data system is being developed through a grant from the United States Department of Education, Institute for Education Sciences Statewide Longitudinal Data Systems program. Most states are in the process of developing a similar system. Providing better data will inform decision making at the local and state policy maker levels. To receive federal money for education in the future, states must be able to report on college going and success and employment of graduates, as well as other issues that can only be addressed through a system of this nature.


Mr. McGrew discussed the high school feedback reports and other upcoming reports. A full list is located in the meeting folder located in the LRC library.


Senator Higdon commended the P-20 collaborative and its usefulness.


Review of Executive Orders 2012-586 and 2012-737

There was no action taken by the committee on the executive orders.


Review of Administrative Regulations

There was no action taken by the committee on 16 KAR 2:120 or 703 KAR 5:225.


Kevin Brown, General Counsel, KDE, explained 703 KAR 5:070, Procedures for the Inclusion of Special Populations in the State-Required Assessment and Accountability Programs. KDE amended the regulation to update terminology and requirements consistent with KRS 158.6453, KRS 158.6455, the NCLB Act of 2001, the Individuals with Disabilities Education Act, and its federal regulations, and Section 504 of the Rehabilitation Act of 1973, as amended, and its federal regulations. The amendments update the procedures for accommodations to include: limiting the use of the reader accommodation on reading tests; limiting the use of a calculator on non-calculator portions of state assessments; clarification of procedures for assessing students with Limited English Proficiency; clarification of prompting and cueing to remain on task; adding a 3 x 5 note card to approved manipulatives; removing the use of student generated glossaries for English language learners; removing outdated terminology; providing a waiver for students with special circumstances; and reorganizing the document incorporated by reference to improve clarity.


Ken Draut, Associate Commissioner, KDE, clarified that readers will be allowed in mathematics, science, social studies, and science because those assessments test content knowledge and not reading ability. The reader will be excluded on the reading test only. The regulation does not have any prohibitions on the use or non-use of a reader in the instructional classroom on a day-to-day basis.


Mr. Draut said the new assessment test is based on the common core standards in reading and mathematics. The reading assessment contains decoding and comprehension measurements. Decoding is a term for reading the symbols represented in printed text. The problem with students utilizing a reader on the reading assessment is that it is in conflict with the goal of measuring student proficiency in decoding.


Mr. Draut said 41 out of 50 states do not allow students with disabilities to use a reader. The other nine states allow the limited use of a reader. Kentucky has the second highest number of students in the country whose scores are excluded from fourth and eighth grade reports on the National Assessment of Educational Progress (NAEP). NAEP policies do not allow use of a reader accommodation as an indicator of a valid score.


Mr. Draut said Maryland, Massachusetts, and South Carolina have a waiver system for students with disabilities who require special accommodations on assessments. The ACT also utilizes a waiver system for students with disabilities. Students are approved or disapproved for special testing accommodations based on meeting specific criteria. He noted the national testing consortium, the Partnership for Assessment of Readiness for College and Careers (PARCC), to which Kentucky belongs, is considering a waiver process.


Mr. Draut said Kentucky has included a waiver process in 703 KAR 5:070 that would allow schools to apply for a reader for the reading assessment. He said KDE would approve or disapprove the waivers.


Mr. Draut said the Kentucky mathematics assessment, in coordination with the common core standards, measures two types of mathematical abilities. The assessment includes problem-solving, applying mathematical concepts, and completing computation problems. Kentucky will no longer allow students with disabilities to utilize a calculator on the computation portion of the mathematics assessment.


Responding to questions from Representative Rollins, Mr. Draut said the common core standards required both comprehension and decoding to be in the reading assessment. Representative Rollins said students need to be accommodated who cannot decode in order to measure their comprehension skills. He said the other argument is that students need to make progress and improve in both areas. One percent of Kentucky’s students take an alternative assessment. Students with mild learning disabilities should be tested like everyone else, and this is a large group.


Mr. Draut noted that details of the administrative regulation were explained to numerous superintendent groups and KDE had communicated the forthcoming changes to school districts. Administrative regulation time constraints allowed for KDE to receive public comments, and KDE changed the wording of the administrative regulation from allowing no readers to allowing some readers if a waiver was requested and approved. He emphasized that no formal training has been provided to school districts because the administrative regulation has not gone into effect.


Responding to Representative Rollins question regarding students needing a new Admission and Release Committee (ARC) meeting, Johnny Collette, Director, Division of Learning Services, Office of Next Generation Learners, KDE, said he did not believe a new Individualized Education Program (IEP) for students would be necessary. Language was previously recommended for incorporation in the students’ IEPs to allow flexibility if state assessment policies are changed. Because of the bridge language, a specially called ARC meeting would not be needed.


 Mr. Collette explained the proposed waiver process in the administrative regulation. For students with a documented disability who, due to the severity of their disability, are unable to access the reading assessment without the use of a reader, the district may apply to KDE for a waiver to use the read-aloud accommodation not otherwise permitted in the administrative regulation. Mr. Brown noted there is no appeal process in place.


Mr. Collette shared the list of advisory groups who were briefed on status updates on the administrative regulation during the past year. A question and answer document was sent to district assessment coordinators and directors of special education in the spring of 2012.


Senator Winters said the major issue the Education Assessment and Accountability Review Subcommittee (EAARS) identified with 703 KAR 5:070 was the timeline to implement the regulation in the spring of 2013. If concerns are not quickly resolved in the administrative regulation, it will be difficult for KDE to implement the regulation in a few months.


Responding to a question from Representative Carney about the process KDE will use to approve or disapprove the waivers, Mr. Draut said waiver approval would be decided on an individual basis based upon student needs.


Representative Graham said removing an interpreter will cause test scores to significantly drop.


Responding to Representative Smart, Mr. Draut said the test is designed for the grade level of the students, and not their functional level.


Responding to a question from Representative Rollins regarding the administrative regulation including the End-Of-Course (EOC) examinations, Mr. Draut said it would affect the English II test, but would not affect math, social studies, science, or writing EOC examinations. Representative Rollins said this could harm an individual student’s grade. Mr. Draut said a student’s use of a reader for many years could be considered as a reason to grant a waiver in high school.


Representative Belcher expressed concern that KDE does not know the students as well as the people on the ARC. She also suggested exempting schools and teachers from sanctions if test scores decrease.


Responding to a question from Senator Neal regarding implications to KDE for delaying the implementation of the regulation, Mr. Draut said it was initially planned for the administrative regulation to be in effect at the beginning of the 2012-2013 school year, but the process was slowed down. KDE is trying to stay on schedule and also to stay in-line with what other states are doing. The timeline of implementation is not tied to any funding source.


Responding to Senator Neal, Mr. Brown said the administrative regulation is in the Governor’s Office, and he can withdraw, withdraw and amend, or allow the regulation to go into effect notwithstanding the finding of deficiency. The Kentucky Board of Education (KBE) could withdraw and amend the regulation, receive public comment in December 2012, receive approval in February 2013, and return it to LRC next interim for review. Representative Rollins said the process needs to be expedited.


Representative Farmer expressed concern over the lack of an appeal process to the waiver application. It could be devastating to special needs children to deprive them of readers.


          Representative Rollins said the committee could amend the administrative regulation with the agreement of KDE, and it would move forward. He suggested moving the implementation date to the 2013-2014 school year, but noted KDE Commissioner Holliday was not in attendance to respond.


          Donna Little, LRC Administrative Regulations Compiler, said the committee and KDE could agree to defer the regulation until the October meeting. The deferral would allow an appropriate time for an amendment to be drafted and filed with the committee.


          Senator Winters suggested deferring the regulation until the November committee meeting held in Frankfort. The October meeting will be held at Murray State University, and it may not be feasible for everyone to attend. Mr. Brown said KDE would be willing to defer the regulation until October and again to November. Senator Winters acknowledged that the amendment may need to be broader than just changing the implementation date.


          Representative Rollins summarized that KDE agreed to defer 703 KAR 5:070 until October, with the intention to defer again to November. He is hopeful an amendment can be accepted at the November committee meeting to address the concerns with the regulation.


          Representative Graham noted that deferral is the right option, allowing ample time for KDE staff to consult with Commissioner Holliday and receive input from legislators on amendment language.


Representative Riner said the administrative regulation is deficient and also hurtful to children. It will lower student assessment scores and keep special needs students from being accepted into college. The drafter of the regulation disregarded all written comments and suggestions to improve it. He noted 42 percent of Kentucky’s special education students use readers, and this regulation will impose a hardship on them unless they receive waivers.


Representative Rollins said Kentucky and Maryland were the first states to include students with special needs in the state assessment system. The reasoning was to ensure that all students were making progress. Some people believe that some of Kentucky’s educators are purposely giving students accommodations to improve test scores. Kentucky should push its students to make them better, but be fair to those who need accommodations.


Senator Westwood said that, as a member of EAARS, the implementation date was the main concern in the regulation because there was not enough time to prepare teachers and students for the changes. He defended the intent of KDE to ensure the validity of our assessment reporting and said Kentucky is reporting that students are decoding when they are not. He suggested using two separate tests to measure decoding and comprehension. Students will be hurt if they are reported to know how to read, and then fail in college, or on the job, because they cannot read.


Responding to questions from Senator Westwood, Mr. Draut said 42 percent of Kentucky’s special education population have readers. Senator Westwood said too many special need students are using accommodations.


Responding to Representative Wuchner, Mr. Brown said KBE may call a special meeting if a situation warrants it. However, KBE is scheduled to meet in October 2012, and this regulation will be discussed along with the recommendations from the EAARS and committee meetings. Mr. Brown said the timeline is accelerated if the regulation is amended by the committee as opposed to KDE withdrawing it.


Senator McGaha said he is concerned that EOC exams are affected by the regulation. Students who have relied on using the readers for years will be at a disadvantage. A lower EOC examination score will count in a student’s overall grade and could jeopardize their graduation from high school. He feels the timeframe is problematic and that a phased-in approach starting with younger children would be ideal because they are not used to receiving accommodations.


Senator Blevins said he wants KDE to include an appeal process for students who are denied a waiver to use accommodations. Mr. Collette said he would investigate and report back his findings.


Responding to Representative Rollins, Representative Bunch said assessments should match student ability. She said special needs students are varied in skills and a one-test-fits-all mindset is not realistic.


Responding to a question from Representative Belcher regarding the amendment process, Mr. Brown said KDE will accept written comments for the amendment over the next few weeks, consider all suggestions, and give the amendment to the committee.


Brent McKim, Jefferson County Teacher Association (JCTA) President, spoke against the administrative regulation, citing several concerns. He said teachers are concerned that there is not enough time to prepare students for the changes before they would take the assessment.


Mr. McKim said the issue of too many students using a reader should be addressed. Better professional development is needed for teachers making the determination of whether a student should receive an accommodation.


Betty Muntz, Kentucky Council on Exceptional Children, said her major problems with the administrative regulation are that the waiver process is established for a very small number of students, and there is too much paperwork. Kentucky may have hundreds of applications for waivers, considering the number of students impacted.


Ms. Muntz said that KDE records indicate that less than 40 percent of students use a reader. KDE is in violation of a federal law that says every IEP team member must be trained on any changes in testing procedures and accommodations, including parents. There is not adequate time to be in compliance with the law as the regulation is written.


Tamanda Barnett testified against 703 KAR 5:070 because she has a child in the 11th grade who reads at the 5th grade level. If her child does not have a calculator to use, he will fail Algebra II. At the very least, a phased-in approach would be best starting with younger children who are not accustomed to using accommodations.


          Cindy Baumert, Education Advocate, testified against the regulation. She is an advocate for parents who cannot afford legal counsel. She said 703 KAR 5:070 is discriminatory against children with dyslexia. KDE will have legal action taken against it if the regulation is implemented as written.


          Kennedy Turner, JCTA, ECE Caucus Chair, wants more changes made to the regulation other than just changing the implementation date.



With no further business before the committee, the meeting adjourned at 4:17 PM.