Commissioner's Weekly Message

Feb. 25, 2025

Dear Colleagues,

On Feb. 14, the U.S. Department of Education’s (USED’s) Office of Civil Rights (OCR) published a Dear Colleague Letter, titled Title VI of the Civil Rights Act in Light of Students for Fair Admissions v. Harvard, about Title VI of the Civil Rights Act of 1964 and related federal laws that prohibit discrimination based on race, color or national origin in programs or activities that receive federal financial assistance. The Dear Colleague Letter provides guidance about OCR’s current interpretation of Title VI and related federal laws, “but does not have the force and effect of law and does not bind the public or create new legal standards,” as the letter itself acknowledges.

While the Dear Colleague Letter offers insight into USED’s priorities and perspectives, it does not change existing laws under which our schools operate. Title VI enforcement is still governed by federal regulations (eCFR :: 34 CFR 100.8 -- Procedure for effecting compliance) that require USED to take specific steps before taking enforcement actions. For example, USED may not suspend, terminate, or refuse to grant or continue federal financial assistance until it has provided the recipient with notice of alleged noncompliance, attempted to secure compliance through voluntary means, provided an opportunity for a hearing, made an express finding of noncompliance on the record, filed a written report with Congress, and waited 30 days after filing the report. USED’s OCR has authority to conduct periodic compliance reviews and directed investigations of Title VI compliance absent a specific complaint. USED also has authority to investigate specific complaints, explained in more detail on OCR’s website.  In short, when USED investigates a potential civil rights violation, it follows a formal process, rather than simply issuing a Dear Colleague Letter.

As you continue serving the students within your districts, please be mindful to follow all existing state and federal laws prohibiting discrimination. Should you have any questions about your current programs or policies, please reach out to your legal counsel to discuss at length. The Kentucky Department of Education (KDE) Office of Legal Services will be available as needed to work in conjunction with your counsel to make specific recommendations.

Please also remember that all Kentucky school districts should be following the 2020 Title IX regulations, pursuant to the 6th U.S. Circuit Court of Appeals’ injunction on subsequent amendments. As part of the 2020 Title IX regulations, each district must comply with the federal prohibition on discrimination on the basis of sex.

Finally, we want to take this opportunity to reinforce our commitment to fairness in all Kentucky schools. Education is about opening doors, not closing them. Every decision we make — whether about discipline, curriculum, hiring, or resource allocation — should be grounded in equal opportunity, fairness and the best interests of students.

Please feel free to contact me or Deputy Commissioner and General Counsel Todd Allen if you have any questions or concerns.

As always, thank you for being …

All In,

Robbie Fletcher

Commissioner of Education

Resources for Schools/Districts Providing Support to Families Affected by Recent Floods

The Kentucky Department of Education’s (KDE’s) School Crisis and Emergency Response/Recovery webpage has resources that schools and districts can use to provide school-based supports to students, families, and staff who have experienced loss due to the recent floods.

The document titled,  “Implementing a Continuum of Tiered Behavioral Health Supports for Students, Families, and Staff Following a Natural Disaster,” provides some suggested activities for support at the Universal (Tier I), Targeted (Tier II), and Intensive (Tier III) levels.

Local educational agencies that were directly impacted by the floods may also be eligible for additional federal funds through U.S. Department of Education’s Project SERV (School Emergency Response to Violence) grant program. District leadership can contact Maria Rowan in USED’s Disaster Recovery Unit directly for more information For information on applying for a Project SERV grant following a natural disaster.

In addition to the Governor’s Flood Resources webpage, the Kentucky Department of Education has compiled resources that schools can use to provide supports to students, families and staff who have experienced the recent flooding in our state.

Resources linked below are specific to flooding and can be used by schools or other agencies to support children following the recent flooding. These resources can be used in conjunction with existing emergency operations and trauma-informed plans that are in place at the local level. 

Other Resources:

• The Center for Disease Control and Prevention provides guidance on Helping Children Cope with severe weather emergencies.
• Child Trends has created a Toolkit for Child Welfare Agencies to Help Young People Heal and Thrive During and After Natural Disasters.
• The Managing the Stress of Children After a Disaster and Restoring a Sense of Well-Being in Children After a Disaster documents created by the Center for the Study of Traumatic Stress provides care givers with guidance following a disaster.
• Help Kids Cope is an app designed to assist parents in talking to their children about different disasters they may experience or have already experienced.
• A handout from Psychological First Aid Field Operations Guide (PFA). This handout provides parents with common reactions after a disaster, ways to respond to those reactions, and examples of things you can say to your adolescent.
• The National Association of School Psychologists Large-Scale Natural Disasters: Helping Children Cope, along with additional information related to helping Relocated Students with Special Needs
• Everyone reacts differently to traumatic events. The National Child Traumatic Stress Network has resources to help families and communities in response to floods, including a resource that describes how young children, school-age children, and adolescents react to traumatic events and offers suggestions on how parents and caregivers can help and support them. 
• SAMHSA handout Tips for Talking With and Helping Children and Youth Cope After a Disaster or Traumatic Event: A Guide for Parents, Caregivers, and Teachers
• The Department for Behavioral Health, Developmental and Intellectual Disabilities published the Disaster School Preparedness Toolkit
• The Readiness and Emergency Management for Schools Technical Assistance Center (REMS TA) provides an extensive library of resources and support for schools. Below are links to their most applicable resources for flooding.
• Preparing for Floods at K-12 Schools and School Districts
• Planning to Recover from Emergencies at Districts and Schools Webinar

Kentucky Board of Education Seeks Nominations and Applications for Multiple Roles

The Kentucky Board of Education (KBE) currently has the following open applications/nominations:

• The Kentucky Board of Education (KBE) is accepting nominations for the 2025 Karem Award for Excellence in Education Policy. The award, named for former board chair David Karem, recognizes a state policymaker, education leader or citizen who has made notable, state-level contributions to the improvement of Kentucky’s public education system. Nominations are open through March 10.
• Applications are now being accepted through March 11 for the non-voting teacher member of the Kentucky Board of Education (KBE). The selected teacher member will serve a one-year term, from July 1, 2025, through June 30, 2026. The selected teacher member must reside in Kentucky’s 3rd Congressional District, which includes Jefferson County (partial). More details, including the link to the online application, are available on the Kentucky Board of Education Non-voting Teacher Member webpage.
• Applications are now being accepted through March 11 for the non-voting student member of the Kentucky Board of Education (KBE). The selected student member will serve a one-year term, from July 1, 2025, through June 30, 2026. The selected student member must reside in Kentucky’s 1st Congressional District, which includes 35 counties. More details, including the link to the online application and supporting materials, are available on the Kentucky Board of Education Non-voting Student Member webpage.

KBE Seeking Applicants for KHSAA Board of Control At-large Position

The Kentucky Board of Education (KBE), through the Kentucky Department of Education (KDE), is seeking an individual to serve on the Kentucky High School Athletic Association’s (KHSAA’s) Board of Control to fill an at-large position that will become vacant on June 30, 2025. The individual currently holding the position is eligible for reappointment.

The KHSAA is the KBE’s designee to manage statewide interscholastic athletic programs.

The Board of Control supervises KHSAA, establishes staff salaries, sets goals for the association, and has the authority to set rules and review proposed changes to the KHSAA constitution and bylaws. Regular attendance at KHSAA Board of Control meetings is a requirement of the position. The KBE appointed Board of Control member must not be a current employee of a Kentucky public school district.

All interested individuals are encouraged to submit a letter of interest, a resume and a minimum of two written letters of recommendation to the Kentucky Department of Education. Letters of recommendation should be from individuals with whom the applicant has an established professional or personal relationship and has first-hand knowledge of the applicant’s skills and dispositions.

The deadline for applications is March 30, 2025. Materials should be mailed to Todd Allen, General Counsel, Kentucky Department of Education, 300 Sower Blvd., Frankfort, KY 40601, or emailed to Todd Allen.

The Kentucky Board of Education will review applications for the KHSAA Board of Control at-large position and anticipates appointment at its June 2025 meeting.

Register Now for the March 2025 Leadership Meetings

In order to provide vibrant learning environments for all students, it is important for schools and districts to translate the Kentucky Academic Standards (KAS) into a guaranteed and viable curriculum.

The regional educational cooperatives, in partnership with the Kentucky Department of Education (KDE), will host in-person meetings in March for district and school leaders to explore new resources available to support effective implementation of a multi-tiered system of supports (MTSS) with an emphasis on Tier 1 curriculum anchored in a high-quality instructional resource (HQIR).

The purpose of the meeting is to provide updates on the following:

• New TNTP Report - “The Opportunity Makers” (2024)
• KDE resources to support MTSS and Trajectory-Changing Practices
  • Intellectual Preparation Guidance Document
  • Integrating Deeper Learning and HQIR to Strengthen Tier 1 Instruction Modules
• Academic Standards Review Process
  • Kentucky Academic Standards (KAS) for Reading and Writing, Social Studies and Mathematics
  • KAS for Visual and Performing Arts professional learning resources

Dates and Locations

Click on the date to learn more and register for the live, in-person full day session of your choice.

• March 6: London, Southeast/South-Central Cooperative, 9 a.m. - 3 p.m. ET
• March 10: Cold Spring, Northern Kentucky Cooperative for Educational Services, 9 a.m. - 3 p.m. ET
• March 13: Hazard, Kentucky Valley Educational Cooperative, 9 a.m. - 3 p.m. ET
• March 14: Ashland, Kentucky Educational Development Corporation, 9 a.m. - 3 p.m. ET
• March 18: Shelbyville, Ohio Valley Educational Cooperative, 9 a.m. - 3 p.m. ET
• March 21: Bowling Green, Green River Educational Cooperative, 9 a.m. - 3 p.m. CT
• March 25: Lexington, Central Kentucky Educational Cooperative, 9 a.m. - 3 p.m. ET
• March 28: Eddyville, Western Kentucky Educational Cooperative, 9 a.m. - 3 p.m. CT

Participants will need to bring a personal device to access documents from the digital meeting folder.

2023-2024 Civil Rights Data Collection Submission Deadline is March 7

The Civil Rights Data Collection (CRDC) window will close on March 7. There are only seven business days left until that deadline. All schools and local educational agencies are required to complete the biennial Office of Civil Rights data collection.

Please encourage your local CRDC contacts to complete this work as soon as possible; 106 Kentucky districts are still incomplete.

Due to the high volume of data entry during peak business hours, the system is experiencing significant lag time. Staff may find that the system performs better early in the morning or late in the day.

For guidance or assistance, contact the CRDC Partner Support Center at (855) 255-6901.

Save the Date: Persistence to Graduation Summit 2025

Mark your calendars to attend the annual Persistence to Graduation Summit.

Hosted by the Kentucky Department of Education Division of Student Success, the summit will be held June 12-13, 2025, at the Hilton in downtown Lexington. This year’s theme will be focused on Elevating Student Voice and we will open a call for proposals soon. Presentations need to be 75 minutes and priority will be for presentations that incorporate student voice.

During this two-day event, superintendents, district level personnel, school administrators, school counselors, educators, family resource and youth services center coordinators, school mental health and social service professionals, and community partners from across Kentucky will convene to share information and best practices to support students who may experience challenges to reaching graduation. Engaging and interactive sessions will be led by facilitators from across the state and content will include:

• Student transition and re-engagement strategies;
• Alternative education programming;
• Well-rounded educational opportunities;
• Safe and supportive learning environments; and
• Effective use of education technology.

For more information contact Lalah Brewer.

Kentucky Students Interested in Military Service Encouraged to Attend Online Information Fair

U.S. Sen. Rand Paul is inviting students interested in serving in the military to attend the 2025 Spring Virtual Military Service Academy Information Fair.

During the event, which will be held on April 3 at 11 a.m. ET, representatives with each service academy will discuss various aspects of the nomination process, training and functions of each military branch.

Anyone interested in attending should visit Sen. Paul’s service academy nomination webpage on the day of the event and click the link that will be on that page. More details on how to get nominated for a service academy can be found there as well. Interested students may RSVP to Sen. Paul’s office by calling (270) 782-8303.

KDE to Conduct Evaluation of English Learner Services

The Kentucky Department of Education (KDE) Division of School and Program Improvement is working with the Human Development Institute (HDI) at the University of Kentucky to evaluate its support to districts serving English learner students and families. 

HDI will be reaching out to superintendents and Title III coordinators in all districts to solicit participation. In addition, participation from English learner families will be requested. Please note, participation in this process is voluntary, feedback provided to HDI will remain confidential, and opportunities to participate will include surveys and focus groups.

Please contact David Millanti with any questions via email or at (502) 564-3791.

Approved Lists for Early Literacy and Numeracy Screening and Diagnostic Assessment Have Been Updated

The Kentucky Department of Education (KDE) recently reviewed early literacy and numeracy screening and diagnostic assessment submissions for inclusion on the KDE approved lists. The updated lists are now available on the Early Literacy Screening Assessments webpage and the Numeracy Screening Assessments webpage.

KRS 158:305 and KRS 158.8402 require each superintendent to select a universal screener and diagnostic assessment for reading and math that have been determined by the KDE to be reliable and valid to be administered as part of a multitiered system of supports for students in kindergarten through grade three.

Please contact Christie Biggerstaff, director of early literacy, or Jennifer Fraley, KDE director of mathematics education, with any questions.

Assessment and Accountability Town Halls

Join Commissioner of Education Robbie Fletcher and the Kentucky United We Learn Council for a series of community conversations to shape the future of education in the Commonwealth, including a review of the proposed assessment and accountability system framework. Attendees also will see what innovative things are happening in surrounding districts to provide Kentucky’s students with vibrant learning experiences.

Attached is an agenda outlining the topics that will be explored during the remaining session:

• Feb. 27: Kentucky Educational Development Corporation, 904 W. Rose Road, Ashland, 5-7 p.m. ET

SEEK Roadshow Schedule

The Kentucky Department of Education (KDE) has been hosting a series of cooperative visits to offer district training on the Support Education Excellence in Kentucky (SEEK) funding program and tackle the main challenges associated with SEEK funding.

Our aim is to improve outreach by partnering with cooperatives to deliver training sessions for superintendents and finance officers. We will conduct a three-hour workshop that will feature a presentation by KDE representatives, followed by an extensive Q&A session. Each cooperative will provide registration details.

Please plan to attend the remaining educational session:

• Feb. 26 from 11 a.m. to 2 p.m. CT, West Kentucky Educational Cooperative (WKEC) – WKEC Conference Center, 435 Outlet Ave, Eddyville

Schools and Districts Encouraged to Submit Best Practices

The Kentucky Department of Education’s Best Practices and Sustainability webpage is open for submission of best practices from schools and districts.

The Best Practices website is designed to serve as a clearinghouse to promote practices that motivate, engage and provide measurable results in student learning, achievement and school/district processes. Any aspect of a school or district system that can impact student outcomes through improved instruction or operations can be submitted as a best practice.

Best practices should be submitted to the Best Practices database by May 9 to be considered for acknowledgement at the Continuous Improvement Summit, scheduled for Sept. 22-23.

For more information, email Natasha Stein.

Regional Sessions on Educator Apprenticeships

The Kentucky Department of Education (KDE) is hosting three regional sessions on educator apprenticeships in March.

Discover how apprenticeships are being utilized to create a sustainable pipeline of new K-12 and pre-school educators! Learn from districts, community colleges and education preparation providers on how they created partnerships to implement their successful models.

There will also be breakout sessions on how Teaching and Learning and Early Childhood Education programs play an important role in this initiative. Information will also be provided regarding funding opportunities.

The sessions will be held from 9 a.m. to 12:30 p.m. at the following dates and locations:

• March 10: Elizabethtown Community and Technical College, Springfield campus
• March 11: Hopkinsville Community and Technical College
• March 13: Big Sandy Community and Technical College

Due to space constraints, we ask that you limit registration to two attendees per organization. Learn more and find links to register by visiting the Regional Sessions on Educator Apprenticeships flyer.

Those receiving this at the Kentucky School for the Blind and the Kentucky School for the Deaf, please make sure all employees receive it. Also, Area Technology Center (ATC) principals are asked to forward it to their staffs.

Please send your questions, comments and suggestions on the Commissioner's Weekly Message to Joe Ragusa by 4 p.m. Monday to be published that week.