EDUCATION AND WORKFORCE DEVELOPMENT CABINET
Kentucky Board of Education
Department of Education
(Amendment)
703 KAR 5:140. Requirements for school and district report cards.
RELATES
TO: KRS 158.031, 158.6453(20)[158.6453(13)]
STATUTORY
AUTHORITY: KRS 158.6453(20)[158.6453(13)]
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 158.6453(20)[158.6453(13)]
requires the Kentucky Board of Education to promulgate an administrative
regulation to define the implementation and the components of a school and
district report card that clearly communicates with parents and the public
about school and district performance. This administrative regulation establishes
the standards for a school and district report card.
Section 1. Definitions. (1) "Average student/teacher ratio" means the total enrollment of the school (end of year membership) divided by the number of teachers on a full-time equivalent (FTE) basis, not including administrators, guidance counselors, or media specialists.
(2) "Average years of experience" means the average number of years of professional experience of classroom teachers excluding certified staff such as administrators, guidance counselors, or media specialists.
(3) "Base year" means the academic year immediately preceding the publication of the school report card components.
[(4)
"Content-focused professional development" means professional
development that is teacher focused, discipline-based and content grounded, and
provides teachers with in-depth learning experiences in the chosen core discipline.]
(4)[(5)]
"Core academic subject" means English, reading or language arts,
mathematics, science, foreign language, civics and government, economics, arts,
history, and geography.
(5)[(6)]
"District report card" means the summary of district and school
information that may be published in the newspaper with the largest paid
circulation in the county in which the district resides.
(6)[(7)]
"School" means an institution as defined in KRS 160.345(1)(b).
(7)[(8)]
"School report card" means the compilation of school information to
be published on the Kentucky Department of Education Web site and linked to
school Web sites or in a printed copy if requested.
(8)[(9)]
"School safety data" means a list of components as established in
Section 2 of this administrative regulation, critical to providing for a safe
school environment for students and school staff.
(9)[(10)]
"Spending per student - district" means the current expenditures made
divided by the total primary through grade twelve (12) end of year average
daily attendance in the district.
(10)[(11)]
"Spending per student - school" means the current expenditures made
divided by the end-of-year average daily attendance in the school.
(11)[(12)]
"Spending per student - state" means the current expenditures made
divided by the total primary through grade twelve (12) end of year average
daily attendance in the state.
(12)[(13)]
"Total enrollment" means the number of primary through grade twelve
(12) students enrolled in a school or district as reported by the local
superintendent at the close of the year.
Section 2. School Report Card. (1) A school report card shall be published on the Kentucky Department of Education Web site and linked to school Web sites. The school report card shall be printed by the school upon request.
(2) A school report card shall include the following information:
(a) The name and address of the school, the name of its principal, and telephone, fax and e-mail contact information, all of which shall be current;
(b) The total enrollment of the school
(c)
The school level results of all components of the Unbridled Learning: College/Career-Ready
for All Accountability System[Commonwealth Accountability Testing System];[(d)
The school level results of state-sanctioned performing arts competitions or other
state-sanctioned academic or speech competition, if applicable;](d)[(e)]
Teacher qualification information, including:
[1.
The percent of classes taught by teachers participating in content-focused
professional development related to the content being taught during the base
year;]
1.[2.]
Average years of teaching experience;
2.[3.]
Percentage of teachers with emergency or provisional certification;
3.[4.]
Percentage of core academic subject classes not taught by highly qualified
teachers;
4.[5.]
The number of teachers certified by the National Board for Professional
Standards; and
5.[6.]
The professional qualifications of all teachers expressed as percentages,
including bachelors, masters, Rank I, specialist, and Ph.D. or Ed.D. degrees;
(f) School safety data including:
1. Whether visitors are required to sign in;
2.
Whether all parents receive the district discipline code;[3. What procedures
are in place for drug and weapons detection;]
3.[4.]
The percentage of classrooms with telephones able to access outside lines; and
4.[5.]
Data detailing safety violations of 1st Degree[aggravated] assault
(with intent to cause injury), drug abuse, and weapons. The safety data shall
include:
a. The number of incidents; and
b. The number of students suspended or expelled for that kind of incident;
(g) Student resource data including:
1. Spending per student at the school, district and state level;
2. Average student to teacher ratios at the school, district, and state level;
3. Student to internet connected instructional computer ratios at the school, district and state level;
4.
Percentage of computers meeting the Department’s annual survey for minimal
standards for computers.[five (5) years old or less and
5.
Description of integration of technology into instruction;]
(h) Parental involvement information including:
1. Number of students whose parent or guardian had at least one (1) teacher conference;
2. Number of parents and guardians voting in school council elections;
3. Number of parents and guardians serving on the school council or its committees; and
4.
Number of school-related volunteer hours;[(i) A narrative describing to the
public actions being taken to address issues in equity related to the delivery
of educational services to all students; and]
i.[(j)]
The names of members of the current year school council with contact
information, including telephone numbers or e-mail addresses where the members
can be reached for questions or comments.[(k) Hyperlink to the current
Comprehensive School Improvement Plan (CSIP) if on the school Web site, or the
CSIP available for examination in school.]
Section
3. As accurate, reliable data become available from student information
systems, the Kentucky Department of Education shall link school, district, and
state data to the school and district report cards, including existing reports,
participation, and performance in Advanced Placement (AP)[advanced
placement] tests and courses,[the issuance of commonwealth
diplomas, participation in gifted and talented programs and participation in
special education with instructional and testing accommodations, all]
disaggregated to the extent permitted under KRS 160.700-160.730, which protects
the confidentiality of an individual student’s educational records.
Section
4. District Report Card. (1) A district report card shall include a district
level summary of all school data required on the school report card and shall
be the aggregation of the school report cards by grade level.[(2) The district
report card shall include a narrative describing to the public actions being
taken to address issues in equity related to the delivery of educational
services to all students.]
(2)[(3)]
The district report card shall include the names and appropriate addresses of
the district superintendent and members of the local board of education.
(3)[(4)]
The district report card shall contain the federal accountability[Adequate
Yearly Progress (AYP)] status of all district schools and the percentage of
core academic subject classes not taught by highly qualified teachers
aggregated and disaggregated by high poverty compared to low poverty schools
(schools in the top quartile of poverty and the bottom quartile of poverty in
the state).
(4)[(5)]
The district report card shall include a list of district schools with primary
programs and the number of students in each school, requiring five (5) years to
complete the primary program.
(5)[(6)
The district report card shall be linked to the District Comprehensive Improvement
Plan and other Web-based reports detailing district academic performance when
these reports become available.]
Section 5. Reporting Requirements; Timelines. (1) Prior to publication the principal and the superintendent or a designee shall review and approve the text and data provided for the school and district report cards. The school report card and district report card shall be published on the Kentucky Department of Education Web site and school and district Web sites and shall be supplied by the school and districts in printed format if requested.
Section 6. Verification; Audits. The Department of Education shall conduct an audit of school and district report cards for compliance with the provisions of this administrative regulation. School and district report card components generated at the school and district shall be delivered to the Department of Education upon request.
Section 7. Noncompliance. (1) Noncompliance shall include unauthorized alteration of data or falsification of data.
(2) If a school or district publishes incorrect information in a component of the report card, it shall supply corrected information to the audience that received the incorrect information, using the same medium by which it conveyed the original information.
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 the standards for a school and district report card.
(b) The necessity of this administrative regulation: KRS 158.6453 (20) requires the Kentucky Board of Education to promulgate an administrative regulation to define the implementation and the components of a school and district report card that clearly communicates with parents and the public about school and district performance.
(c) How this administrative regulation conforms to the content of the authorizing statute: This administrative regulation provides information necessary for the state report card program. The regulation relates to reporting data from requirements of 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 provides requirements of school and district report cards.
(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: The amendment aligns the school and district report cards to the new state-required assessment and accountability program for public schools and school districts. It streamlines the components to those required in state or federal reporting. It decreases the demands that data collection and narrative production make on school and district resources. It eliminates ineffective indicators of school and district performance or information already collected and available to the public in other venues.
(b) The necessity of the amendment to this administrative regulation: The amendment aligns the school and district report card program to the new assessment and accountability program.
(c) How the amendment conforms to the content of the authorizing statute: The amendment provides information necessary for the report card program. The amendment relates to reporting data from requirements of 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 the amendment will assist in the effective administration of the statutes: The amendment will provide definitions and components required in the school report card.
(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 providing school report card requirements.
(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: Schools and school districts shall continue to publish annually a school report card including the components defined in the regulation.
(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 have clear requirements for the school report card program that align to the new assessment and accountability program.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially: The proposed amendment will require development of new explanatory materials and data programs for the revised school report card in the normal course of work for staff. 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: Kentucky Department of Education operating funds.
(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 state-level implementation and data reporting for school and district report cards.
(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 since districts are currently complying with school and district report cards.
(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 beyond costs that are currently being expended for the school and district report card program.
(d) How much will it cost to administer this program for subsequent years? The proposed regulation will require no additional cost beyond costs that are currently being expended for the school and district report card program.
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: