703 KAR 5:225.
School and district accountability, recognition, support, and consequences.
RELATES
TO: KRS 158.645, 158.6451, 158.6453, 158.6455, 20 U.S.C. 7861
STATUTORY
AUTHORITY: KRS 158.6453, 158.6455
NECESSITY,
FUNCTION, AND CONFORMITY: 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. KRS 158.6455 requires the Kentucky Board
of Education, following the revision of academic standards and development of a
student assessment program, to create an accountability system to classify schools
and districts, including a formula for accountability, goals for improvement,
and rewards and consequences. This administrative regulation establishes the
statewide system of accountability, recognition, support, and consequences, and
meets requirements of the U.S. Department of Education to receive approval of a
state-level waiver of specific requirements of the federal No Child Left Behind
Act of 2001 pursuant to 20 U.S.C. 7861.
Section
1. Definitions. (1) "Annual measurable objective" or "AMO"
means the improvement goal for each school or district calculated from the
total score of the next-generation learners component.
(2)
"Comprehensive District Improvement Plan" or "CDIP" means a
plan developed by the local school district with the input of parents, faculty,
staff, and representatives of school councils from each school in the district,
based on a review of relevant data that includes targets, strategies,
activities, and a time schedule to support student achievement and student
growth, and to eliminate achievement gaps among groups of students.
(3)
"Comprehensive School Improvement Plan" or "CSIP" means a
plan developed by the school council or successor pursuant to KRS 160.346 with
the input of parents, faculty, and staff, based on a review of relevant data
that includes targets, strategies, activities, and a time schedule to support
student achievement and student growth, and to eliminate achievement gaps among
groups of students.
(4)
"District of distinction" means a highest-performing district that:
(a)
Meets its current year AMO, student participation rate, and graduation rate
goal;
(b)
Has a graduation rate above eighty (80) percent for the prior two (2) years;
(c)
Does not have a school categorized as a focus school or priority school; and
(d)
Scores at the ninety-fifth
(95th) percentile
or higher on the Overall Score.
(5)
"Focus district" means a district that has a non-duplicated student
gap group score in the bottom ten (10) percent of non-duplicated student gap
group scores for all districts. Focus calculations shall combine two (2) years
of data.
(6)
"Focus school" means a school that has a non-duplicated student gap
group score in the bottom ten (10) percent of non-duplicated student gap group
scores for all elementary, middle, and high schools; schools with an individual
student subgroup by level that falls in the bottom five (5) percent for
individual subjects; or high schools that have a graduation rate that has been
less than eighty (80) percent for two (2) consecutive years. Focus calculations
shall combine two (2) years of data; focus calculations for new or reconfigured
schools shall use one (1) year of data.
(7)
"Graduation rate goal" means the annual graduation rate goal set by
the department for each high school and district that measures progression
toward the statewide goal of ninety-eight (98) percent by 2024 and is computed
by dividing, by ten (10), the difference between the 2014 baseline percent and
ninety-eight (98) percent.
(8)
"High-progress district" means a district that:
(a)
Meets its current year AMO, student participation rate, and graduation rate
goal;
(b)
Has a graduation rate above eighty (80) percent for the prior two (2) years;
and
(c)
Has an improvement score indicating the district is in the top ten (10) percent
of improvement of all districts as determined by the difference in the two (2)
most recent calculations of the overall score.
(9)
"High-progress school" means:
(a)
A Title I school that:
1.
Meets its current year AMO, student participation rate, and graduation rate
goal;
2.
Has a graduation rate above eighty (80) percent for the prior two (2) years;
and
3.
Has an improvement score indicating the school is in the top ten (10) percent
of improvement of all Title I elementary, middle, or high schools as determined
by the difference in the two (2) most recent calculations of the overall score;
or
(b)
A Non-Title I school that:
1.
Meets its current year AMO, student participation rate, and graduation rate
goal;
2.
Has a graduation rate above eighty (80) percent for the prior two (2) years;
and
3.
Has an improvement score indicating the school is in the top ten (10) percent
of improvement of all non-Title I elementary, middle, or high schools as
determined by the difference in the two (2) most recent calculations of the overall
score.
(10)
"Highest-performing district" means a district that:
(a)
Meets its current year AMO, student participation rate, and graduation rate
goal;
(b)
Has a graduation rate above eighty (80) percent for the prior two years; and
(c)
Scores at the ninetieth
(90th)
percentile or higher on the overall score except that a district shall not
qualify as highest-performing if any school in the district is categorized as a
focus-school or priority school.
(11)
"Highest-performing school" means an elementary, middle, or high
school level that:
(a)
Meets its current year AMO, student participation rate, and graduation rate
goal;
(b)
Has a graduation rate above eighty (80) percent for the prior two (2) years;
and
(c)
Scores at the ninetieth
(90th)
percentile
or higher on the overall score.
(12)
"Mean" means the sum of the values divided by the number of values.
(13)
"Next-generation instructional programs and supports" means a
component of the state-wide accountability system for Kentucky public schools
and districts based on reviews of instructional programs.
(14)
"Next-generation learners" means a component of the state-wide
accountability system for Kentucky public schools and districts based on
student data.
(15)
"Next-generation professionals" means a component of the state-wide
accountability system for Kentucky public schools and districts based on
teacher and administrator data.
(16)
"Next-generation schools and districts" means a component of the
state-wide accountability system that reports performance data for schools and
districts.
(17)
"Non-duplicated student gap group score" means an aggregate,
non-duplicated count of achievement scores of student groups that include
African/American, Hispanic, American Indian, Limited English proficiency,
students in poverty based on qualification for free and reduced price lunch,
and students with disabilities who have an Individualized Education Program
(IEP).
(18)
"Overall score" means the score resulting from a compilation of the
accountability components listed in Section 2 of this administrative regulation
that determines placement of a school or district in a classification for
recognition, support, or consequences.
(19)
"Participation rate" means the percent of all students and the
student subgroups in the school or district that participate in annual
statewide assessments, with a goal of ninety-five (95) percent.
(20)
"Percentile" means the value of a variable below which a certain
percent of numbers fall.
(21)
"Priority district" means a district that has an overall score in the
bottom five (5) percent of overall scores for all districts that have failed to
meet the AMO for the last three (3) consecutive years.
(22)
"Priority school" means a school that has an overall score in the
bottom five (5) percent of overall scores by level for all schools that have
failed to meet the AMO for the last three (3) consecutive years.
(23)
"Progressing" means a designation attached to a school or district’s
classification as proficient, distinguished, or needs improvement to indicate
that the school has met its AMO, student participation rate for the all
students group and each subgroup, and has met its graduation rate goal.
(24)
"School level" means the standard configuration of grade levels that
form elementary, middle, and high schools as established in 703 KAR 5:240,
Section 5.
(25)
"School of Distinction" means a highest-performing elementary,
middle, or high school that:
(a)
Meets its current year AMO, student participation rate, and graduation rate
goal, and is not identified as a focus school;
(b)
Has a graduation rate above eighty (80) percent for the prior two (2) years;
and
(c)
Scores at the ninety-fifth
(95th) percentile
or higher on the overall score.
(26)
"Standard deviation" means a measure of the dispersion of a set of
data from its average.
(27)
"Student subgroup" means a student group that includes
African-American, American Indian, Asian, White, Hispanic, English language
learners, students in poverty on qualification for free or reduced price lunch,
or students with disabilities who have an Individualized Education Program
(IEP).
Section
2. Statewide System of Accountability, Recognition, Support, and Consequences.
(1) The accountability system established by 703 KAR chapter 5 shall be called
Unbridled Learning: College and Career Ready for All.
(2)
An overall score shall be used to classify schools and districts for
recognition, support, and consequences. The overall score shall be a
compilation of the following accountability components:
(a)
Next-Generation Learners, as established in 703 KAR 5:200;
(b)
Next-Generation Instructional Programs and Support, as established in 703 KAR
5:230; and
(c)
Next-Generation Professionals, as established in an administrative regulation
that will be promulgated by the Kentucky Board of Education to establish the
requirements for Next-Generation Professionals.
Section
3. Weighting of Components Comprising the Overall Score. (1) The timeline and
weighting of each component as a percentage of the overall score shall occur as
follows:
Year
Component
Percentage
of Overall Score
2014-2015
Next-Generation
Learners
77
percent
Next-Generation
Instructional Programs and Support
23
percent
2015-2016
and
subsequent
years
Next-Generation
Learners
70
percent
Next-Generation
Instruction Programs and Support
20
percent
Next-Generation
Professionals
10
percent
(2)
If data cannot be calculated for any component, the weights shall be
distributed equally to the other components that shall be reported for the
school or district.
Section
4. Classifications, Annual Measurable Objectives, and Goals. (1) A school level
or district shall be classified based on the overall score in accordance with
the requirements established in this subsection.
(a)
By level of elementary, middle, or high, a distribution of scores from the
overall score shall be computed in order to determine the percentiles
associated with each overall score.
(b)
The overall score associated with specific percentiles shall classify a school
level or district as follows:
Percentile
based on Overall Score
School
or District Classification
At
or above ninety (90)
Distinguished
At
or above seventy (70)
Proficient
Below
seventy (70)
Needs
Improvement
(c)
The overall score associated with specific percentiles used to classify a
school or district as distinguished, proficient, or needs improvement shall be
recalculated as the components of the accountability system listed in Section 2
of this administrative regulation are added. When all components have been
added, the overall score associated with specific percentiles used to classify
a school or district as distinguished, proficient, or needs improvement shall
remain constant for a period of five (5) years before calculation of the overall
score associated with specific percentiles shall be re-established.
(2)
Each school level or district shall receive an AMO. The method for determining
the AMO shall be as follows:
(a)
Using the total score of next-generation learners, a mean and standard
deviation shall be computed for the elementary, middle, and high school levels;
and
(b)
The mean and standard deviation shall be recalculated as adjustments of
next-generation learners component are made.
(3)(a)
The AMO goal for a school level or district classified as needs improvement
shall be to increase the total score by one-third (1/3) of a standard deviation
in a five (5) year period and shall not be set lower than 1.0.
(b)
The AMO goal for a school level or district classified as proficient or
distinguished shall be one-half (1/2) the goal of a needs improvement school or
district annually and shall not be set lower than 0.5.
(4)
Each school level or district classified as distinguished, proficient, or needs
improvement that meets its AMO goal, student participation rate, and graduation
rate goal shall be further classified as progressing.
(5)
For a school level with a changed school service area as established in 703 KAR
5:240, Section 6, the AMO shall be recalculated based on current students. A
school or district may submit a plan to recalculate the AMO as established in
this subsection.
(a)
A school or a district may request that individual students be tracked across
schools or that the district AMO be used for the school.
(b)
The department shall approve the plan and shall assure accurate calculations
and the inclusion of all students.
(c)
Upon approval, the plan shall be implemented and remain in effect until an
additional change in school service area occurs.
(d)
The granting of a request for a different method to recalculate an AMO shall
include a requirement that each affected school and district waive in writing
its right to make the request the basis of a subsequent appeal of a school’s
classification.
(e)
The intent to submit a plan to recalculate the AMO shall be received by the
department by June 30 of the year prior to which the AMO recalculation shall
occur.
(6)
A focus school identified using the non-duplicated student gap group score
method shall be determined in accordance with the requirements established in
this subsection.
(a)
The non-duplicated student gap group shall be ranked for all schools in the
state.
(b)
The schools in the lowest ten (10) percent of the non-duplicated student gap
group scores by level shall be called focus schools.
(c)
Additional Title I schools shall be added to the list as needed to ensure that
the list includes at least ten (10) percent of the Title I schools.
(d)
Non-duplicated student gap groups by school shall have at least ten (10)
students in order for the subject area calculation to occur.
(7)
A focus school identified using the bottom five (5) percent method shall be
determined as established in this subsection.
(a)
By level of elementary, middle, or high, individual student subgroups shall be
ranked on the percentage of proficient and distinguished students for all
schools in the state in each subject area of reading, mathematics, science,
social studies, and writing.
(b)
Student subgroups shall number at least twenty-five (25) students in order for
the calculation to occur.
(c)
A school having an individual student subgroup by level and subject that falls
below the bottom five (5) percent cut score shall be identified as a focus
school.
Section
5. Recognition. (1) Recognition categories shall include Schools or Districts
of Distinction, Highest-Performing Schools or Districts, and High-Progress
Schools or Districts. Schools and districts in these categories shall receive
notification from the Commissioner of Education within five (5) days of release
of the annual accountability data, identifying the category of recognition and
the rewards for which they are eligible.
(2)(a)
Each recognized school or district shall be authorized to use a department-approved
web logo and other promotional materials as may be designated by the department
reflecting the category of recognition earned.
(b)
Subject to availability of funds, financial rewards may be used in conjunction
with other recognition activities, and may include funding for special
professional growth opportunities or support to enable recognized schools or
districts to partner with and mentor a lower-performing school or district.
(c)
Highest-performing and high-progress schools and districts shall receive
special recognition as determined by the Commissioner of Education.
(3)
A school or district identified for recognition shall continue to meet
eligibility criteria in order to retain its designation and receive recognition
for that category.
(4)
A school or district identified as a priority school or district or a focus
school or district shall not be eligible for recognition as a
highest-performing school or district or a school or district of distinction,
but may receive recognition as a high-progress school or district, if it meets
the definition established in Section 1 of this administrative regulation and
the requirements of this section.
(5)
In order to qualify for recognition, a school or district shall meet the AMO
goal, graduation rate goal, and student participation rate, and each high
school’s graduation rate shall be above eighty (80) percent.
Section
6. Supports and Consequences. (1) Supports and consequences categories shall
include Priority Schools and Districts and Focus Schools and Districts.
(2)
A priority school or district shall undergo the education recovery processes
established in KRS 160.346 and 703 KAR 5:260, in addition to the requirements
and consequences established in this administrative regulation.
(3)
A focus school or district shall be required to revise its CSIP or CDIP
consistent with the requirements of this section and Section 9 of this
administrative regulation.
(4)
A school or district that is identified as a priority or focus school or
district shall receive notification from the Commissioner of Education within
five (5) days of release of the annual accountability data, identifying its
category and the required supports and consequences that shall apply.
(5)
A school or district that is identified as a priority or focus school or
district for the first time shall revise its CSIP or CDIP within ninety (90)
days of receiving the notice from the Commissioner of Education.
Section
7. Continuing Consequences for Schools and Districts that Remain in Priority or
Focus Status for More Than One (1) Year. (1) To exit the priority status, the
school or district shall:
(a)
Meet AMO goals for three (3) consecutive years;
(b)
No longer be identified by the applicable percent calculation of being in the
lowest five (5) percent; and
(c)
Score at or above an eighty (80) percent graduation rate for three (3) consecutive
years.
(2)
To exit the focus status, the requirements of this subsection shall be met.
(a)
A focus school in the non-duplicated student gap group category shall:
1.
Be above the lowest ten (10) percent category;
2.
Show improvement in the non-duplicated student gap group; and
3.
Meet AMO for two (2) years in a row.
(b)
A focus school in the bottom five (5) percent category shall have the
individual subgroup that triggered the school’s placement in the category to:
1.
Rise above the bottom five (5) percent cut score;
2.
Show improvement in the individual subgroup that triggered the school’s
placement; and
3.
Meet AMO for two (2) years in a row.
(c)
A focus school in the category due to graduation rate shall:
1.
Have a graduation rate higher than eighty (80) percent; and
2.
Meet AMO for two (2) years in a row.
(d)
A focus district in the non-duplicated student gap group category shall be
above the lowest ten (10) percent category.
(3)(a)
A school or district that is identified as a priority school or district for
two (2) or more consecutive times, or a school or district that remains in the
focus school or district category for three (3) consecutive years, shall revise
its CSIP or CDIP as specified in Section 9 of this administrative regulation
within ninety (90) days of receiving notice from the Commissioner of Education.
(b)
The superintendent and the council shall review, revise, and agree upon the
CSIP.
(c)
The CSIP or CDIP shall be posted to the appropriate school or district Web
site.
(4)(a)
In addition to the requirements of this section, a priority school or district
that is identified for three (3) or more consecutive times, or a focus school
or district that is identified for four (4) or more consecutive years, shall revise its CSIP or CDIP as specified in
Section 9 of this administrative regulation.
(b)
The superintendent and the council shall review, revise, and agree upon the
CSIP, which shall then be electronically transmitted to KDE within ninety (90)
days of receiving notice from the Commissioner of Education.
(c)
The CSIP or CDIP shall be posted to the appropriate school or district Web
site.
(d)
The school or district shall engage in the following actions:
1.
Participate in a set of improvement strategies outlined by an accreditation
process;
2.
If directed by the department, receive the assignment of a high-achieving
partner school or district of similar demographics for mentor activities as
directed by the department; and
3.
Accept ongoing assistance and resources throughout the year as assigned or
approved by the department.
Section
8. Monitoring. (1) The department shall review and approve all submissions required
by this administrative regulation.
(2)
The department shall monitor implementation of each CDIP or CSIP and shall
provide guidance based upon information gathered from the following:
(a)
Progress reports from the school through the district;
(b)
Data reviews;
(c)
On-site observation; and
(d)
Other information supplied at the option of the district or school.
(3)
In addition to the activities undertaken by the department, each school
district shall monitor compliance of individual schools within the district.
Section
9. Comprehensive School and District Improvement Plan Process. (1) Each school
or district shall annually develop, review, and revise a comprehensive school
or district improvement plan.
(2)
The structure of a school or district comprehensive improvement plan shall
include:
(a)
Executive summary that shall include a vision and a mission;
(b)
Needs assessment that shall include:
1.
A description of the data reviewed and the process used to develop the needs
assessment;
2.
A review of the previous plan and its implementation to inform development of
the new plan; and
3.
Perception data gathered from the administration of a valid and reliable
measure of teaching and learning conditions;
(c)
Process for development that shall include:
1.
Analysis of data to determine causes and contributing factors;
2.
Prioritization of needs; and
3.
Development of goals, objectives, strategies, and activities based on the needs
assessment and root cause analysis, that shall include targets or measures of
success, timelines, persons responsible, a budget that includes resources
needed and source of funding, and a process for meaningful stakeholder communications
and input;
(d)
A set of assurances, approved by and on file with the local board of education,
with a signed declaration by the superintendent that all schools in the
district are in compliance with the requirements of the statutes and
administrative regulations included in those assurances; and
(e)
A process for annual review and revision by the school or district.
(3)
Continuous improvement and capacity building shall drive the development of the
plan.
(4)
Other required components in the process shall include:
(a)
A standards-based process for measuring organizational effectiveness that shall
include purpose and direction, governance and leadership, teaching and
assessing for learning, resources and support systems, and using results for
continuous improvement;
(b)
A data driven self-evaluation based on the standards, including a means to
gather meaningful stakeholder input;
(c)
A written improvement plan based on the issues identified in the
self-evaluation;
(d)
A set of assurances that includes a determination of compliance with each
assurance and the ability to upload any supporting documentation needed;
(e)
Electronic submission of all elements of the plan;
(f)
Monitoring implementation of the plan through implementation and impact checks;
and
(g)
Evaluation of the effectiveness based on the strategies and activities in the
plan.
(5)
A CSIP shall also include the elements required of schools by KRS 158.649(5).
(6)
A CSIP or CDIP for a priority or focus school or district shall also address
the following:
(a)
Curriculum alignment for schools within the district and within each individual
school, ensuring the instructional program is:
1.
Research-based;
2.
Rigorous;
3.
Aligned with the Kentucky Core Academic Standards as established in 704 KAR
3:303; and
4.
Based on student needs;
(b)
Provision of time for collaboration on the use of data to inform evaluation and
assessment strategies to continuously monitor and modify instruction to meet
student needs and support proficient student work, if a priority or focus
school;
(c)
Activities to target the underperforming areas of achievement, gap, growth,
readiness, or graduation rate;
(d)
Activities to target demonstrators of weakness in program reviews;
(e)
Activities to target areas of need identified in teacher and leader
effectiveness measures;
(f)
School safety, discipline strategies, and other non-academic factors that
impact student achievement, such as students’ social, emotional, and health
needs, if a priority or focus school;
(g)
Design of the school day, week, or year to include additional time for student
learning and teacher collaboration, if a priority or focus school;
(h)
Specific strategies to address gaps in achievement and graduation rates between
the highest-achieving student performance group and the lowest-achieving
student performance group, if a focus school or district; and
(i)
Short-term, monthly plans for the first ninety (90) days of implementation, and
the establishment of teacher turnaround teams with intensive year-round
training focused on teacher effectiveness and school improvement in the
professional development component of its plan, if a priority school.
(7)
A priority or focus district shall use a variety of relevant sources that shall
include perception data gathered from the administration of a valid and
reliable measure of teaching and learning conditions to inform the needs
assessment required by the CDIP. A district containing a priority or focus
school shall assist those schools in using these data to inform the needs
assessment required by the CSIP.
(8)
The Commissioner’s Raising Achievement and Closing Gaps Council and the
Commissioner’s Parents Advisory Council shall provide guidance to focus schools
and districts as they conduct their needs assessments and revise their CSIPs
and CDIPs.
(9)
A priority school shall document meaningful family and community involvement in
selecting the intervention strategies that shall be included in the revised
CSIP.
(10)
The CDIP for a district with a priority or focus school shall include the
support to be provided to the priority or focus school by the district. The
priority or focus school's CSIP shall include the support that will be provided
by the district to the school.
(11)
The CDIP for each district shall be posted to the district's Web site. The CSIP
for each school shall be posted to the school's Web site. (38 Ky.R. 1919; Am. 39
Ky.R. 60; 480; eff. 9-10-2012; 41 Ky.R. 2037; 2240; eff. 6-8-2015.)