EDUCATION AND WORKFORCE DEVELOPMENT CABINET

Kentucky Board of Education

Department of Education

(Repealer)

703 KAR 5:002. Repeal of 703 KAR 5:001, 020, 040, 050, 060, 130 and 160.

      RELATES TO: KRS 158.6451, 158.6453

      STATUTORY AUTHORITY: KRS 158.6451, 158.6453

      NECESSITY, FUNCTION, AND CONFORMITY: This is to repeal seven administrative regulations under Tile 703, Chapter 5 Assessment and Accountability. These administrative regulations are no longer required because the Kentucky Board of Education is authorized by KRS 158.6453(3) to promulgate administrative regulations for creating and implementing a balanced statewide assessment program that measures the students’, schools’ and districts’ achievement of the goals set forth in KRS 158.645 and 158.6451, to ensure compliance with the federal No Child Left Behind Act of 2001, 20 U.S.C. secs. 6301 et seq., or its successor, and to ensure school accountability. The Kentucky Board of Education (KBE) has established a new statewide assessment and accountability program that begins in school year 2011-2012. The KBE has promulgated administrative regulations 703 KAR 5:200 Next-Generation Learners and 703 KAR 5:240 Next-Generation Learners Procedures to establish the general rules for testing and reporting and accountability guidance thus removing the need for some assessment and accountability administrative regulations. If these administrative regulations remained or were amended, the administrative regulations would be superfluous and could create ambiguity since new administrative regulations are established for the new statewide assessment and accountability program.

      Section 1. The following administrative regulations are hereby repealed:

      1. 703 KAR 5:001, Assessment and accountability definitions;

      2. 703 KAR 5:020, The formula for determining school accountability;

      3. 703 KAR 5:040, Statewide Assessment and Accountability Program, relating accountability to A1 schools and A2-A6 programs;

      4. 703 KAR 5:050, Statewide Assessment and Accountability Program, school building appeal of performance judgments;

      5. 703 KAR 5:060, Interim assessment and accountability process;

      6. 703 KAR 5:130, School district accountability; and

      7. 703 KAR 5:160, Commonwealth Accountability Testing System administration procedures.

      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 repeals seven existing regulations related to Kentucky’s assessment and accountability program for public schools and school districts. As required in legislation enacted in the 2009 Kentucky General Assembly, the Commonwealth begins in school year 2011-2012a new assessment and accountability system used to classify school and district performance. The regulations proposed for repeal are no longer applicable and do not match the new system.

      (b) The necessity of this administrative regulation: 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.

      (c) How this administrative regulation conforms to the content of the authorizing statute: This administrative regulation removes information that is no longer accurate for the new assessment and accountability system. The regulation removes confusing and outdated regulatory language related to KRS 158.6453, KRS 158.6455 and the No Child Left Behind Act of 2001, 20 U.S.C. secs. 6301 et seq.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation removes confusing and outdated regulatory language. New regulations are being promulgated by the Kentucky Board of Education to provide further definition to the new assessment and accountability system.

      (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 and supporting staff in the Kentucky Department of Education.

      (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 regulation will impact schools and districts by removing confusing and outdated regulatory language related to the new assessment and accountability system used to classify school and district performance.

      (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: No action required.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no new cost to school districts.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Kentucky schools and districts will not have confusing and outdated regulatory language.

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

      (a) No additional costs are expected.

      (b) On a continuing basis: The proposed regulation does not result in additional costs.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Funding is not required.

      (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: Current funding supports implementation and data reporting for school and district accountability.

      (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.

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 158.6453, KRS 158.6455 and the No Child Left Behind Act of 2001, 20 U.S.C. secs. 6301 et seq.

      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. No additional costs to school districts are expected.

      (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 will require no additional cost.

      (d) How much will it cost to administer this program for subsequent years? The proposed regulation will require no additional cost.

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

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: