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Dear Colleagues,
The Kentucky Board of Education held a special virtual meeting on Aug. 21 to discuss the next steps toward hiring a new commissioner of education.
The timeline board members discussed will start with the selection of a search firm, and members approved the posting of a request for proposals (RFP) to solicit bids from firms interested in leading the search.
The board also discussed criteria for the selection of the search firm, and what the scope of work for the firm would entail. This would include identifying potential candidates, screening candidate submissions, meeting with potential candidates and coordinating with the board throughout the process.
The goal is for the search firm to commence work no later than Dec. 1. The board also approved a committee to evaluate responses to the RFP.
A special board meeting will be held Sept. 6 at 9 a.m. ET to discuss the next steps in the search.
In other news, the board approved the draft of its Call to Action, which incorporated feedback from the board’s August regular meeting. This document will be a touchstone for the board to ensure its future actions align with the established values for the future of assessment and accountability in Kentucky, and will help guide the board’s work moving forward.
In April of this year, the board approved the creation of special committees - including board members, Kentucky Department of Education staff, in-service educators, students and external partners -
for the purpose of understanding, supporting and promoting United We Learn through the lens of an inclusive learner experience in Kentucky. United We Learn is the Commonwealth’s vision for the future of education in Kentucky, centered around three big ideas: creating a more vibrant experience for every student, encouraging innovation in our schools, and creating a bold new future for Kentucky’s schools through collaboration with our communities.
Finally, I want to say that serving in the role of Kentucky’s commissioner of education for the past three years has been an honor. I will work to support the board and the transition, and to ensure that the next commissioner will have the wonderful opportunity to carry forth our work with United We Learn.
Kind regards,
Jason E. Glass, Ed.D.
Commissioner and Chief Learner
Statutory Requirements for Rights of Students, Display the National Motto
Pursuant to KRS 158.186, before Sept. 15 of each year, the commissioner of education must distribute copies of KRS 158.183, which details the “rights of students,” and KRS 158.195, which requires each public elementary and secondary school to “display the national motto” of the United States. This distribution must be made to school‐based decision making councils, among other groups. Please share this information with school‐based decision making council members in your school district.
158.183 Prohibited acts by students - Rights of student - Duties of local board of education -Administrative remedies.
(1) Consistent with the Constitutions of the United States of America and the Commonwealth of Kentucky, a student shall have the right to carry out an activity described in any of paragraphs (a) to (j) of subsection (2) of this section, if the student does not:
(a) Infringe on the rights of the school to:
- Maintain order and discipline;
- Prevent disruption of the educational process; and
- Determine educational curriculum and assignments;
(b) Harass other persons or coerce other persons to participate in the activity; or
(c) Otherwise infringe on the rights of other persons.
(2) Consistent with the Constitutions of the United States of America and the Commonwealth of Kentucky, and subject to the provisions of subsection (1) of this section, a student shall be permitted to voluntarily:
(a) Pray or engage in religious activities in a public school, vocally or silently, alone or with other students to the same extent and under the same circumstances as a student is permitted to vocally or silently reflect, meditate, speak on, or engage in nonreligious matters alone or with other students in the public school;
(b) Express religious or political viewpoints in a public school to the same extent and under the same circumstances as a student is permitted to express viewpoints on nonreligious or nonpolitical topics or subjects in the school;
(c) Express religious or political viewpoints in classroom, homework, artwork, and other written and oral assignments free from discrimination or penalty based on the religious or political content of the submissions;
(d) Speak to and attempt to discuss religious or political viewpoints with other students in a public school to the same extent and under the same circumstances as a student is permitted to speak to and attempt to share nonreligious or nonpolitical viewpoints with other students. However, any student may demand that this speech or these attempts to share religious or political viewpoints not be directed at him or her;
(e) Distribute religious or political literature in a public school, subject to reasonable time, place, and manner restrictions to the same extent and under the same circumstances as a student is permitted to distribute literature on nonreligious or nonpolitical topics or subjects in the school;
(f) Display religious messages on items of clothing to the same extent that a student is permitted to display nonreligious messages on items of clothing;
(g) Access public secondary school facilities during noninstructional time as a member of a religious student organization for activities that may include prayer, Bible reading, or other worship exercises to the same extent that members of nonreligious student organizations are permitted access during non-instructional time;
(h) Use school media, including the public address system, the school newspaper, and school bulletin boards, to announce student religious meetings to the same extent that a student is permitted to use school media to announce student nonreligious meetings;
(i) Meet as a member of a religious student group during noninstructional time in the school day to the same extent that members of nonreligious student groups are permitted to meet, including before and after the school day; and
(j) Be absent, in accordance with attendance policy, from a public school to observe religious holidays and participate in other religious practices to the same extent and under the same circumstances as a student is permitted to be absent from a public school for nonreligious purposes.
(3) Consistent with its obligations to respect the rights secured by the Constitutions of the United States of America and the Commonwealth of Kentucky, a local board of education shall ensure that:
(a) 1. The selection of students to speak at official events is made without regard to the religious or political viewpoint of the student speaker;
- The prepared remarks of the student are not altered before delivery, except in a viewpoint‐neutral manner, unless requested by the student. However, student speakers shall not engage in speech that is obscene, vulgar, offensively lewd, or indecent; and
- If the content of the student's speech is such that a reasonable observer may perceive affirmative school sponsorship or endorsement of the student speaker's religious or political viewpoint, the school shall communicate, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the school;
(b) Religious and political organizations are allowed equal access to public forums on the same basis as nonreligious and nonpolitical organizations; and
(c) No recognized religious or political student organization is hindered or discriminated against in the ordering of its internal affairs, selection of leaders and members, defining of doctrines and principles, and resolving of organizational disputes in the furtherance of its mission, or in its determination that only persons committed to its mission should conduct these activities.
(4) Consistent with its obligations to respect the rights secured by the Constitutions of the United States of America and the Commonwealth of Kentucky, a local board of education shall permit public schools in the district to sponsor artistic or theatrical programs that advance students' knowledge of society's cultural and religious heritage, as well as provide opportunities for students to study and perform a wide range of music, literature, poetry, and drama.
(5) No action may be maintained under KRS 158.181 to 158.187 unless the student has exhausted the following administrative remedies;
(a) The student or the student's parent or guardian shall state his or her complaint to the school's principal. The principal shall investigate and take appropriate action to ensure the rights of the student are resolved within seven (7) days of the date of the complaint;
(b) If the concerns are not resolved, then the student or the student's parent or guardian shall make a complaint in writing to the superintendent with the specific facts of the alleged violation;
(c) The superintendent shall investigate and take appropriate action to ensure that the rights of the student are resolved within thirty (30) days of the date of the written complaint; and
(d) Only after the superintendent's investigation and action may a student or the student's parent or legal guardian pursue any other legal action.
Effective: June 29, 2017
History: Amended 2017 Ky. Acts ch. 15, sec. 1, effective June 29, 2017. – Created 1998 Ky. Acts ch. 294, sec. 3, effective July 15, 1998.
158.195 Display of national motto in public elementary and secondary schools - Reading and posting in public schools of texts and documents on American history and heritage.
(1) (a) Beginning in the 2019‐2020 school year, local boards shall require each public elementary and secondary school to display the national motto of the United States, "In God We Trust," in a prominent location in the school.
(b) The display required in paragraph (a) of this subsection may take the form of but is not limited to a mounted plaque or student artwork.
(c) For purposes of this section, "prominent location" means a school entryway, cafeteria, or common area where students are likely to see the national motto.
(2) Local boards may allow any teacher or administrator in a public school district of the Commonwealth to read or post in a public school building, classroom, or event any excerpts or portions of: the national motto; the national anthem; the pledge of allegiance; the preamble to the Kentucky Constitution; the Declaration of Independence; the Mayflower Compact; the writings, speeches, documents, and proclamations of the founding fathers and presidents of the United States; United States Supreme Court decisions; and acts of the United States Congress including the published text of the Congressional Record. There shall be no content-based censorship of American history or heritage in the Commonwealth based on religious references in these writings, documents, and records.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 82, sec. 1, effective June 27, 2019. ‐ Created 1992 Ky. Acts ch. 170, sec. 4, effective July 14, 1992.
ESSER II Grant Period Ends Sept. 30
As a reminder, all Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act Elementary and Secondary School Emergency Relief (ESSER) II funds must be obligated by Sept. 30, 2023.
Districts have until Nov. 17, 2023, to liquidate ESSER II obligations and submit a final Federal Cash Request to the Kentucky Department of Education (KDE). The U.S. Department of Education or KDE does not have the authority to waive this deadline for ESSER II obligations.
If you have questions, please contact Thelma Hawkins or Robin Morley.
Administrative Office of the Courts Form JW-8 Meets FERPA Requirements for HB 3 Information Sharing
House Bill (HB) 3 (2023) makes various amendments to state juvenile justice laws. HB 3 contains a new requirement for court-designated workers (CDW) and court-designated specialists (CDS):
“Prior to developing a diversion agreement [for a child], the [CDW] or [CDS] shall contact the school district that the child attends to obtain background information from school personnel regarding family background, education records, any services previously provided, and any recommended trauma informed strategies.”
The Family Educational Rights and Privacy Act (FERPA) contains an exception which specifically allows the sharing of such information. See 34 CFR 99.31(a)(5)(i)(B). However, FERPA requires that the “authorities to whom the records are disclosed shall certify in writing to the educational agency or institution that the information will not be disclosed to any other party, except as provided under State law, without the prior written consent of the parent of the student.” 34 CFR 99.38(b).
The Administrative Office of the Courts (AOC) developed form JW-8.pdf for a CDW or CDS to make requests for student records to school districts. Form JW-8 specifically provides:
This information is requested pursuant to KRS 610.030(8)(b)(2) and the juvenile justice exception of the Family Educational Rights and Privacy Act (FERPA) (34 CFR § 99.38). Information provided will not be disclosed to any other party, except as provided under state law, without prior written consent.
Following review of AOC form JW-8, both the Kentucky Department of Education and the Kentucky School Boards Association agree that it meets the requirements set forth in FERPA for the request of records for juvenile justice purposes.
Once the CDW or CDS completes and submits the form JW-8 to a school district, no additional districts forms are necessary to comply with the district’s FERPA obligations. That is, form JW-8 contains a certification of the CDW or CDS that the records are requested for juvenile justice purposes and that they will not be re-disclosed, except as required by state law, without prior written consent.
SAMHSA Awards KDE $9 Million in FY 2023 Project AWARE Funds
The U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) has awarded the Kentucky Department of Education (KDE) $9 million over 5 years through Project AWARE (Advancing Wellness and Resiliency in Education) to develop a sustainable infrastructure for school-based mental health programs and services throughout the state.
These funds will be used to implement mental health-related promotion, awareness, prevention, intervention and resilience activities to ensure that school-aged youth have access and are connected to appropriate and effective behavioral health services. This work will expand the Kentucky Department of Education’s groundwork through two prior AWARE grants to provide supports to three new pilot districts: Jessamine, Mason and Rowan Counties.
For programmatic or budget questions, please contact Elizabeth Freeland.
Prichard Committee's Application for Full-Service Community Schools is Open
Through the Kentucky Community Schools Initiative, Prichard will partner with 20 school districts across Kentucky to develop local responses to the unique needs of students and families, ultimately improving academic outcomes.
With a total of $30 million to be distributed over five years, each selected district will receive $1.5 million – equivalent to $300,000 per year – to bring communities to the table and implement this research-informed framework. The application for selecting the 16 new districts is live and will remain open until Sept. 8.
For more information, email Travis Marcum, senior director of the Kentucky Community Schools Initiative.
Update on Archery Program Funding
The Bipartisan Safer Communities Act includes language that prohibits schools and districts from using federal education funding to purchase deadly weapons. The U.S. Department of Education has determined that bows and arrows meet the federal definition of a deadly weapon.
Under this federal rule, schools may no longer use their federal education dollars to purchase equipment for archery or shooting programs. These programs are not prohibited, and schools and districts may continue to fund these programs with state, local or philanthropic dollars.
For more information, contact Matthew Courtney.
KDE Asks Schools to Provide Ineffective Teacher Data Promptly
The Kentucky Department of Education (KDE) is asking all schools and districts to provide their collection of Kentucky Equitable Access to Effective Teachers data that is required for the Kentucky School Report Card in a timely manner.
Please forward this survey to the official within your district who is responsible for providing this required information. ALL districts and schools MUST COMPLETE this survey by Aug. 30. Any questions or concerns can be sent to Todd Davis. Thank you for your assistance!
KDE focuses on promoting equitable access to effective educators for all students, including minority students, those experiencing poverty, English learners and students with disabilities. Therefore, all districts and schools are charged with ensuring equitable access to experienced and effective educators.
Data will be collected to assess whether students enrolled in schools assisted under Title 1, Part A were served at disproportionate rates by ineffective, out-of-field or inexperienced teachers.
Due to the passage of Senate Bill 1 (2017), the measure and method for collecting teacher and leader effectiveness data was adjusted to fulfill the state law regarding district reporting and data collection.
The number of students taught by ineffective teachers is self-reported by each school, in aggregate, by subpopulation. Names of ineffective teachers are not provided/collected.
This survey collects data on ineffective teachers only. Data on inexperienced and out-of-field teachers is collected using the Education Professional Standards Board (EPSB) identification number provided in Infinite Campus. Please be sure all teachers have an EPSB number on file.
An ineffective teacher receives a summative effectiveness rating of “ineffective” as determined through the local performance evaluation system that meets the requirement established by KRS 156.557. An ineffective teacher consistently fails to meet expectations as determined by a trained evaluator, in competencies identified as the performance criteria in the Kentucky Framework for Teaching.
Please reach out to Todd Davis if you have any questions or concerns about this survey.
National ESEA Distinguished Schools Program and Application
The National Association of ESEA State Program Administrators (NAESPA) – formerly the National Title I Association – selects examples of superior, federally funded school programs for national recognition through the National ESEA Distinguished Schools Program. Every year, states can identify up to two Distinguished ESEA Schools in three possible categories:
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Category 1: Exceptional student performance and academic growth for two or more consecutive years
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Category 2: Closing the achievement gap between student groups for two or more consecutive years
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Category 3: Excellence in serving special populations of students (e.g. homeless, migrant, English Learners, etc.)
The Kentucky Department of Education (KDE) is now accepting applications for schools for Categories 1, 2 and 3. Schools interested in applying for consideration as a Distinguished School in Categories 1, 2 or 3 must submit a completed application signed by the school principal and district superintendent by Aug. 25.
If selected as a finalist, KDE staff will conduct a site visit to interview the principal and selected staff.
Two National ESEA Distinguished Schools (one from Category 1, 2 and/or 3) will be notified by email of their selection in November.
For more information, email Tara Rodriguez or call (502) 564-3791, ext. 4042.
2023-2024 Application for the Kentucky Innovative Learning Network Deadline is Sept. 22
The Kentucky Department of Education’s Division of Innovation has released the 2023-2024 application for the Kentucky Innovative Learning Network’s (KY ILN’s) second cohort of Innovative Teacher Fellows. This fellowship will engage 10 trailblazing teacher leaders from across the Commonwealth in professional networking and collaboration, professional learning and project development, along with leadership and advocacy opportunities.
Each Innovative Teacher Fellow will design, implement, reflect on and share a classroom project centered on the three big ideas of the United We Learn’s vision:
- Vibrant learning experiences;
- Accelerating innovation (especially in assessment), and
- Collaborating with communities.
The network is designed to empower these teachers with the community and tools to create meaningful and transformative learning experiences in the classroom.
The deadline to apply is 4 p.m. ET Sept. 22. Applicants will be notified of selection on Oct. 2.
To participate, teachers’ districts must have been members of the KY ILN during the 2022-2023 school year or have committed to joining for the current school year. Interested teachers may review the 2022-2023 list of KY ILN districts.
The KY ILN is currently in the recruitment and recommitment phase. To join the KY ILN, a district leader needs to complete an annual Letter of Commitment document and return it to Rob Collins by Sept. 22. For more information, contact Rob Collins.
Apply for Title I, Part A Carryover Waiver by Sept. 30
Section 1127(a) of the Every Student Succeeds Act (ESSA) places a carryover limitation on Title I, Part A funds. No more than 15% of the funds allocated to a district for any fiscal year may remain available for obligation for one additional fiscal year. Districts must ensure at least 85% of school year 2022-2023 (FY23) Title I, Part A funds (project 310J) are obligated for activities that occur no later than Sept. 30, 2023.
As stated in Section 1127(c) of ESSA, this carryover limitation does not apply to districts that receive less than $50,000 in Title I, Part A for the fiscal year.
Section 1127(b) of ESSA allows the state to waive this carryover limitation if:
- It determines a district’s request is reasonable and necessary; or
- Supplemental appropriations for this subpart become available.
Districts may apply for this waiver once in a three-year period.
Any district wishing to request a carryover waiver for 2022-2023 funds may do so no later than Sept. 30 by submitting an email to David Millanti. The email must:
- State the district requests a waiver of the 15% carryover limitation;
- Contain the reason for the excess carryover; and
- Describe its plan for effectively using carryover funds.
Questions may be directed to David Millanti or your district’s Title I, Part A consultant.
2023-2024 Comprehensive Improvement Planning for Districts and Schools
Improvement planning for the 2023-2024 academic year is underway. A collaborative process involving multiple stakeholders is essential to identifying priority needs and the resources and actions to best address them.
The Kentucky Department of Education (KDE) will continue to use the Cognia Continuous Improvement Platform (CIP), and the 2023-2024 diagnostics are now available. Schools and districts must annually develop an improvement plan and therefore must begin new diagnostics. When creating and completing your diagnostics within CIP, please ensure that the correct level (system or school) and current year are chosen.
The process and timeline for comprehensive school and district improvement planning outlined in 703 KAR 5:225 remain unchanged as outlined on the KDE’s Comprehensive Improvement Planning webpage. While comprehensive improvement planning is a continuous process and plans may be reviewed and revised at any time, the timeline identifies the diagnostics included in each phase of the planning process and their statutory due dates.
We hope you will join us for the Continuous Improvement Summit, scheduled for Sept. 25-26 at the Central Bank Center in Lexington, to learn more about improvement planning and continuous improvement.
For additional information about CIP, contact Ruth Swanson. For more information regarding improvement planning, visit KDE’s Comprehensive Improvement Planning webpage.
Sign Up for Kentucky Transportation Cabinet’s Paint the Plow Program
The Kentucky Transportation Cabinet (KYTC) is holding its first statewide Paint a Plow program to promote safe driving during snow and ice season, and they want your participation!
Winter weather can create hazardous conditions for all that share the road. Paint a Plow is an opportunity for your students to paint one of KYTC's snowplow blades to promote safe driving habits for your community during inclement winter weather and prepare your students to operate vehicles responsibly as they become eligible to drive.
Plow availability is limited, so please reach out to your county’s corresponding highway district contact.
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District 1: Ballard, Calloway, Carlisle, Crittenden, Fulton, Graves, Hickman, Livingston, Lyon, Marshall, McCracken and Trigg: View the District 1 invitation.
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District 2: Caldwell, Christian, Daviess, Hancock, Henderson, Hopkins, McLean, Muhlenberg, Ohio, Union and Webster: View the District 2 newsletter.
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District 3: Allen, Barren, Butler, Edmonson, Logan, Metcalfe, Monroe, Simpson, Todd, and Warren: Contact Wes Watt.
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District 4: Breckinridge, Grayson, Green, Hardin, Hart, LaRue, Marion, Meade, Nelson, Taylor and Washington: View the District 4 invitation.
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District 5: Bullitt, Franklin, Henry, Jefferson, Oldham, Shelby, Spencer and Trimble: View the District 5 invitation.
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District 6: Boone, Bracken, Campbell, Carroll, Gallatin, Grant, Harrison, Kenton, Owen, Pendleton and Robertson: View the District 6 invitation.
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District 7: Anderson, Bourbon, Boyle, Clark, Fayette, Garrard, Jessamine, Madison, Mercer, Montgomery, Scott and Woodford: View the District 7 invitation.
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District 8: Adair, Casey, Clinton, Cumberland, Lincoln, McCreary, Pulaski, Rockcastle, Russell and Wayne: View the District 8 invitation.
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District 9: Bath, Boyd, Carter, Elliott, Fleming, Greenup, Lewis, Mason, Nicholas and Rowan: View the District 9 invitation.
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District 10: Breathitt, Estill, Lee, Magoffin, Menifee, Morgan, Owsley, Perry, Powell and Wolfe: View the District 10 invitation.
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District 11: Bell, Clay, Harlan, Jackson, Knox, Laurel, Leslie and Whitley: View the District 11 invitation.
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District 12: Floyd, Johnson, Knott, Lawrence, Letcher, Martin and Pike: Contact Shantana Woodward.
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