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Dear Colleagues:
Last Friday, the department released more guidance detailing how the Supplemental School Year Program impacts public education in the Commonwealth.
The guidance, “Senate Bill 128: Supplemental School Year Program 2.0,” outlines the impact the legislation has on assessment and accountability, funding, teaching and learning, special populations, school-based decision making councils, alternative programs and federal program eligibility.
As you know, SB 128 is brand new legislation that has never before been implemented in Kentucky. While new legislation often provides exciting opportunities in public education, it also can raise many questions regarding implementation. As commissioner of education, it is my responsibility to “explain the true intent and meaning of the school laws” and provide technical assistance to school districts. Toward that end, the revised and extensive SB 128 guidance was created to answer questions and concerns superintendents and other stakeholders raised to KDE.
SB 128 states that the Supplemental School Year Program is for a student “to retake or supplement the courses or grades the student has already taken.” The terms “retake” and “supplement” are not defined in SB 128. Only courts of law can issue legally binding orders interpreting a statute. KDE, however, provides non-regulatory guidance to school districts to assist with their implementation of various education laws, including SB 128.
Based on the plain language of the statute, KDE’s SB 128 guidance has advised districts that “courses taken during the supplemental year must be those the student previously was enrolled in or bear a reasonable connection to previous courses to be supplementary in nature.” However, KDE’s guidance also states that local districts ultimately will be the ones determining which courses bear a reasonable connection to previous courses and are supplementary in nature.
KDE’s technical assistance to districts uses the plain language of SB 128 to explain the intent and meaning of the law. Ultimately, however, if a school district determines that completely new coursework at the next grade level is supplementary in nature, it must be prepared to assume any risk that comes with such an interpretation.
For example, if an 11th-grade student uses the 2021-2022 school year as a supplemental year under SB 128 but is permitted by the district to enroll in the same courses he would have taken as a 12th-grader, the student likely will meet all state and local graduation requirements at the end of the 2021-22 year. Pursuant to KRS 158.140(2), upon successful completion of all state and local graduation requirements, the student shall be issued a high school diploma. In this case, the student would progress academically as they would have absent SB 128 and arguably wasn’t granted a true supplemental year based on the plain language of SB 128.
While SB 128 does include a provision allowing local boards of education to establish a temporary program for graduated seniors, this is only for 2021-2022 school year. The option for “graduated seniors” to return for a supplemental year is only available for the Class of 2021.
Again, the plain language in SB 128 supplemental year program is for students to retake or supplement courses as a result of the prolonged remote instruction and barriers created by the COVID-19 pandemic. However, once a student exceeds three academic years in high school and completes all state and local minimum graduation requirements, the student shall be issued a diploma and must be identified with the appropriate graduation code (G-Code) in Infinite Campus. KRS 158.140(2) provides that once a student successfully completes all state and local graduation requirements, the local school board shall issue a diploma to the student indicating graduation.
I understand you probably still have many questions about how this Supplemental School Year Program will operate. I urge you to look closely over the revised guidance and the “Senate Bill 128: Supplemental School Year Program, Frequently Asked Questions,” which also was released Friday.
As we head toward the summer and look to the fall, know that we at the department are working hard to provide you with timely interpretations of legislation and with the guidance you need to help your students recover from the effects of the COVID-19 pandemic.
Kind regards,
Jason E. Glass, Ed.D.
Commissioner & Chief Learner
OSEEL Releases Guidance on Compensatory Education
The Office of Special Education and Early Learning (OSEEL) has released guidance intended to help facilitate conversations around compensatory education for students with disabilities.
The guidance – “Admissions and Release Committee Guide to Free Appropriate Public Education and Compensatory Education” – has information for Admissions and Release Committee (ARC) members and district staff, including guiding questions ARCs can use to help facilitate conversations around compensatory education, an example compensatory education log and two resources to help parents participate in conversations about compensatory education.
OSEEL will be hosting two Microsoft Teams live events to discuss the compensatory education guidance. The first Teams live event is designed for district staff and will be held 10 a.m. ET on April 22. The second Teams live event is designed for parents and will be held at noon ET on April 22 alongside the Kentucky Special Parent Involvement Network.
Both events will include a review of the guidance and an opportunity to ask questions.
Heartland School Solutions Selected for National School Lunch Program Statewide Point of Service System
Heartland School Solutions has been selected to provide a cloud-based statewide point of service (POS) system, including online applications and online payments, to all Kentucky school food authorities. Visit the Kentucky statewide POS welcome page for more information.
Existing federal funds (NSLP State Administrative Expense funds) are being utilized to provide the system to participating districts at no charge. District food service directors have been notified of the selection and are being asked to complete the Statewide POS Planning Survey by April 30 to aid in prioritizing and scheduling district implementations beginning in the 2021-2022 school year.
For more information, email Dale Colyer and Tim Cooper.
Call for Applications: Professional Learning Scholarship Available for Kentucky Principals
The Kentucky Department of Education’s Principal Partnership Project (P3) team is seeking 10 principals/assistant principals from across the Commonwealth who are motivated to enhance feedback systems using a coaching and professional collaboration model.
Selected participants of the Coach Approach Pilot (CAP) Cohort II will receive a $1,500 professional learning scholarship to fund in-person cognitive coaching training/related expenses, as well as year-long virtual support to promote deeper understanding and application of research-anchored feedback models that are focused on enhancing the development of teachers’ and staff members’ practice. Learn more about cognitive coaching in this YouTube video from Graves County High School Principal Alison Gregory.
Due to the limited number of 2021-2022 scholarships available, participants will be selected based on a competitive application process. The application must be submitted by Aug. 25.
Detailed information about the expectations and time commitment are included on this flyer. Please review closely before applying. For more information, email Jenny Ray.
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