KRS § 158.6455 — KY Code / Title XIII / Chapter 158 / Section 158.6455
158.6455 School accountability system -- List of certifications, licensures, and credentials -- Reimbursement for assessment -- Consequences for schools that fail to exit support status -- Components of accountability system -- Appeals of performance judgments -- Report
Status: in_force

158.6455 School accountability system -- List of certifications, licensures, and

credentials -- Reimbursement for assessment -- Consequences for schools that

fail to exit support status -- Components of accountability system -- Appeals of

performance judgments -- Report.

It is the intent of the General Assembly that schools succeed with all students and receive

the appropriate consequences in proportion to that success.

(1) (a) The Kentucky Board of Education shall create an accountability system to

classify districts and schools in accordance with the academic standards and

student assessment program developed pursuant to KRS 158.6453.

(b) The accountability system shall include an annual meaningful differentiation

of all public schools in the state using multiple measures that describe the

overall performance of each district, school, and student subgroup.

Performance shall be based on a combination of academic and school quality

indicators and measures, hereinafter called "state indicators." The state

indicators shall exclusively include:

1. Student assessment results;

2. Progress toward achieving English proficiency by limited English

proficiency students;

3. Quality of school climate and safety;

4. High school graduation rates;

5. Postsecondary readiness for each high school student, which shall be

included as an academic indicator, and shall be measured by one (1) of

the following:

a. Meeting or exceeding a college readiness benchmark score on the

college admissions examination used as the statewide assessment

in KRS 158.6453(5)(b)5. or a college placement examination

approved by the Council on Postsecondary Education. The college

readiness benchmark score shall be established by the Council on

Postsecondary Education;

b. Achieving a minimum of three (3) hours of dual credit by

completing a course approved by the Kentucky Board of

Education or qualifying for a minimum of three (3) hours of

postsecondary articulated credit associated with a statewide

articulation agreement;

c. Achieving a benchmark score on an Advanced Placement,

International Baccalaureate, Cambridge Advanced International,

or other nationally recognized exam approved by the Kentucky

Board of Education that generally qualifies the student for three

(3) or more hours of college credit;

d. Completing a required number of hours or achieving a benchmark

within an apprenticeship, cooperative, or internship that is:

i. Not required to be offered as a high school course or during

the regular school day, week, or year;

ii. Aligned with a credential or associate degree; and

iii. Approved by the Kentucky Board of Education after

receiving input from the Local Superintendents Advisory

Council; or

e. Achieving any industry-recognized certifications, licensures, or

credentials, with more weight in accountability for industry-

recognized certifications, licensures, or credentials identified as

high demand in accordance with the process described in

paragraph (e) of this subsection. Eligible industry-recognized

certifications, licensures, or credentials shall not be limited to

those earned in conjunction with a minimum sequence of courses.

Each high school shall publicly report the credits, hours, and

credentials on an annual basis; and

6. Any other factor mandated by the federal Every Student Succeeds Act

of 2015, Pub. L. No. 114-95, or its successor.

(c) 1. Beginning with data from the 2020-2021 and 2021-2022 school years,

the accountability system performance for each district, school, and

student subgroup determined by the state indicators shall be based on a

combination of annual performance, hereinafter called "status," and

improvement over time, hereinafter called "change."

2. Status and change shall receive equal weight in determining overall

performance. For all students as a group and separately for individual

subgroups, status shall be determined, beginning with the data from the

2020-2021 academic year, by using the current year performance and

change shall be determined, beginning with the data from the 2021-2022

academic year, by using the difference in performance from the prior to

current year, except change shall be based on the difference in

performance for the prior three (3) years for the purpose of determining

the lowest-performing five percent (5%) of schools under KRS

160.346(2) and (3).

3. For each state indicator, there shall be five (5) status levels ranging from

very high to very low and five (5) change levels ranging from increased

significantly to declined significantly.

4. The percentile cut scores for status and change levels shall be based on

distribution and shall be approved by the Kentucky Department of

Education and the Local Superintendents Advisory Council. The cut

scores shall remain in place for at least six (6) years unless existing cut

scores no longer support meaningful differentiation of schools as

required by the federal Every Student Succeeds Act of 2015, Pub. L. No.

114-95, or its successor.

(d) Beginning in the fall of 2022, the Kentucky Department of Education shall

develop an online display of the accountability system results hereinafter

called a "dashboard." A color-coded performance level for each state indicator

shall be displayed in a straightforward manner on the dashboard for overall

performance, status, and change by district, school, and individual subgroups.

Overall performance shall aggregate all available data for the state indicators.

(e) Based on data from the Kentucky Center for Education and Workforce

Statistics, each local workforce investment board, in conjunction with local

economic development organizations from its state regional sector, shall

annually compile a list of industry-recognized certifications, licensures, and

credentials specific to the state and regional workforce area, rank them by

demand for the state and regional area, and provide the list to the Kentucky

Workforce Innovation Board. The Kentucky Workforce Innovation Board, in

conjunction with the Kentucky Department of Education, may revise the lists

before the Kentucky Department of Education disseminates the lists to all

school districts to be used as postsecondary readiness indicators.

(f) 1. The Kentucky Department of Education shall pay for the cost of an

assessment taken by a high school student for attaining an industry-

recognized certification, credential, or licensure if the student

consecutively completes at least two (2) related career pathway courses

approved by the department prior to taking the assessment.

2. If a high school student has not completed the two (2) course

requirement described in subparagraph 1. of this paragraph but meets

performance-based experience eligibility and passes an assessment, the

department shall provide a weighted reimbursement amount to the

school district for the cost of the assessment based on the level of

demand of the certificate, credential, or license earned. The Kentucky

Board of Education shall promulgate regulations establishing the

performance-based experience eligibility requirements and weighted

reimbursement amounts.

(g) Prior to promulgating administrative regulations to revise the accountability

system, the board shall seek advice from the School Curriculum, Assessment,

and Accountability Council; the Office of Education Accountability; the

Education Assessment and Accountability Review Subcommittee; and the

department's technical advisory committee.

(2) A student's test scores shall be counted in the accountability measure of:

(a) 1. The school in which the student is currently enrolled if the student has

been enrolled in that school for at least a full academic year as defined

by the Kentucky Board of Education; or

2. The school in which the student was previously enrolled if the student

was enrolled in that school for at least a full academic year as defined by

the Kentucky Board of Education; and

(b) The school district if the student is enrolled in the district for at least a full

academic year as defined by the Kentucky Board of Education; and

(c) The state if the student is enrolled in a Kentucky public school prior to the

beginning of the statewide testing period.

(3) After receiving the advice of the Office of Education Accountability; the School

Curriculum, Assessment, and Accountability Council; and the department's

technical advisory committee, the Kentucky Board of Education shall promulgate

an administrative regulation in conformity with KRS 158.6471 and 158.6472 and

KRS Chapter 13A to establish more rigorous action, intervention, and appropriate

consequences for schools that fail to exit comprehensive support and improvement

status described in KRS 160.346. The consequences shall be designed to improve

the academic performance and learning environment of identified schools and may

include but not be limited to:

(a) A review and audit process to determine the appropriateness of a school's or

district's classification and to recommend needed assistance;

(b) School and district improvement plans;

(c) Eligibility to receive Commonwealth school improvement funds under KRS

158.805;

(d) Education assistance from highly skilled certified staff; and

(e) Observation of school personnel.

(4) All students who drop out of school during a school year shall be included in a

school's annual average school graduation rate calculation.

(5) After receiving the advice of the Education Assessment and Accountability Review

Subcommittee, the Office of Education Accountability; the School Curriculum,

Assessment, and Accountability Council; and the department's technical advisory

committee, the Kentucky Board of Education may promulgate by administrative

regulation, in conformity with KRS 158.6471 and 158.6472 and KRS Chapter 13A,

a system of district accountability that includes establishing a formula for

accountability, goals for improvement over a three (3) year period, rewards for

leadership in improving teaching and learning in the district, and consequences that

address the problems and provide assistance when one (1) or more schools in the

district fail to exit comprehensive support and improvement status after three (3)

consecutive years of implementing the turnaround intervention process described in

KRS 160.346.

(6) After receiving the advice of the Office of Education Accountability; the School

Curriculum, Assessment, and Accountability Council; and the department's

technical advisory committee, the Kentucky Board of Education shall promulgate

administrative regulations in conformity with KRS 158.6471 and 158.6472 and

KRS Chapter 13A to establish a process whereby a school or school district shall be

allowed to appeal any performance judgment made by the department under this

section or KRS 160.346 of a principal, superintendent, school, or school district

which it considers grossly unfair. Upon appeal, an administrative hearing shall be

conducted in accordance with KRS Chapter 13B. The state board may adjust a

performance judgment on appeal when evidence of unusual circumstances warrants

the conclusion that the performance judgment is based on fraud or a mistake in

computations, is arbitrary, is lacking any reasonable basis, or when there are

significant new circumstances occurring during the three (3) year assessment period

which are beyond the control of the appellant school or school district.

(7) Advice and recommendations provided by the department's technical advisory

committee shall be summarized and reported by the department by July 1 and

December 1 of each year to the Office of Education Accountability. The report shall

include:

(a) Advice and recommendations provided by panel members relating to:

1. Development and modification to the assessment and accountability

system;

2. The development of administrative regulations governing the

assessment and accountability system;

3. The setting of standards used in the assessment and accountability

system; and

4. KRS 158.6453, 158.6455, 158.782, or 158.860; and

(b) Any documentation used by the panel in support of the panel's advice and

recommendations.

Upon receipt of the report, the Office of Education Accountability shall forward the

report to the Education Assessment and Accountability Review Subcommittee and

the co-chairs of the Interim Joint Committee on Education.