Kentucky Board of Education to Meet

The Kentucky Board of Education will meet Wednesday and Thursday, August 3 and 4, for a retreat and regular meeting.

On Wednesday, the board will meet at the Kentucky School for the Deaf in Danville for its annual retreat. The retreat will begin at 10 a.m., and agenda items include information about the Kentucky Department of Education’s Unbridled Learning work and budgets.

The board also will have a working dinner and discuss the commissioner of education’s self-evaluation at 7 p.m. Wednesday in Frankfort.

On Thursday, the board will meet in the State Board Room on the first floor of the Capital Plaza Tower in Frankfort. The board’s Nominating Committee will meet at 8:30 a.m. to recommend a slate of officers for 2011-12, and the board will meet in full session at 9 a.m. The board’sCurriculum, Instruction and Assessment Committee and Management Committee will meet beginning at 1 p.m., and the board will reconvene in full session afterward.

Agenda items for the regular meeting include potential action on assessment and accountability regulations, the board’s legislative agenda and preschool funding rates.

A full agenda follows.


KENTUCKY BOARD OF EDUCATION
AUGUST 3-4, 2011

KENTUCKY SCHOOL FOR THE DEAF (AUGUST 3 RETREAT)
DANVILLE, KENTUCKY

STATE BOARD ROOM (AUGUST 4 REGULAR MEETING)
FIRST FLOOR, CAPITAL PLAZA TOWER
FRANKFORT, KENTUCKY

Wednesday, August 3, 2011

KENTUCKY BOARD OF EDUCATION RETREAT - FULL BOARD
GROW HALL, KENTUCKY SCHOOL FOR THE DEAF
10 a.m. (ET)


I. Call to Order

II. Roll Call

III. Full Board Items
A. Next-Generation Learners, Next-Generation Instructional Programs and Support, Next-Generation Professionals and Next-Generation Schools/Districts (Strategic Priorities)
1. Strategic Plan Update (Review Item) – Commissioner Terry Holliday, Division Director Karen Dodd, Associate Commissioner Felicia Smith and Associate Commissioner Larry Stinson; 2-hour presentation/discussion

LUNCH

Noon – 12:45 p.m. (ET)

KENTUCKY BOARD OF EDUCATION RETREAT - FULL BOARD (CONT’D)
GROW HALL, KENTUCKY SCHOOL FOR THE DEAF (KSD)
12:45 p.m. (ET)

III. Full Board Items (Cont’d)

B. Accountability discussion (90-minute presentation/discussion)
1. 703 KAR 5:230, Next-Generation Instructional Programs and Support (Final) (Action/Discussion Item) – Associate Commissioner Felicia Smith
2. Discussion of weights within the new accountability system and final approval of 703 KAR 5:220, School and District Accountability Recognition and Support (Final) (Action/Discussion Item) – Associate Commissioners Larry Stinson, Ken Draut and Felicia Smith
3. Definition of career readiness (Action/Discussion Item) – Associate Commissioner Ken Draut
C. General
1. 2012-2014 Biennial Budget Additional Funding Items (Review Item) – Associate Commissioner Hiren Desai and Division Director Charles Harman; 30-minute presentation/discussion
2. Annual Report of the Kentucky Educational Collaborative for State Agency Children (KECSAC) and Legislative Budget Request (Review Item) – Ronnie Nolan, Executive Director of KECSAC; 15-minute presentation/discussion

GRADUATION CEREMONY AND RECEPTION TO HONOR FORMER KSD
AFRICAN-AMERICAN STUDENTS
KSD, GROW HALL
3:30 p.m. (ET)

RECESS

WORKING DINNER AND DISCUSSION OF THE
COMMISSIONER OF EDUCATION’S SELF-EVALUATION
STATE BOARD ROOM, FIRST FLOOR, CAPITAL PLAZA TOWER
FRANKFORT, KENTUCKY
7:00 p.m. (ET)

RECESS

Thursday, August 4, 2011

COMMITTEE MEETING
FIRST FLOOR, CAPITAL PLAZA TOWER
FRANKFORT, KENTUCKY
STATE BOARD ROOM
8:30 a.m. (ET)

IV. Nominating Committee Meeting

A. Recommendation of a Slate of Officers for 2011-12
1. Call to order
2. Roll call
3. Discussion of characteristics needed for next year’s KBE officers
4. Closed session to discuss personnel
5. Open session to approve recommendation of the committee to the full board for the 2011-12 officers
6. Adjournment

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM
9 a.m. (EDT)

V. Call to Order

VI. Approval of minutes from the June 7-8, 2011, regular meeting

VII. Introduction of KDE Team Members of the Month and New KDE Employees by the Commissioner of Education

VIII. Report of the Secretary of the Education and Workforce Development Cabinet (Questions on written report)

IX. Report of the President of the Council on Postsecondary Education (Questions on written report)

X. Report of the Executive Director of the Education Professional Standards Board (Questions on written report)

XI. Report of the Commissioner of Education (Questions on written report)

XII. Good News Items

XIII. Public Comment Segment (To speak, complete sign-up sheet prior to start of meeting; limit is 3 minutes per speaker with maximum of 30 minutes total for this segment.)

XIV. Full Board Items
A. General (10-minute presentation/discussion)
1. Report of the KBE Nominating Committee on slate of officers for 2011-12 (Review Item)
2. Election of officers for 2011-12 (Action/Discussion Item)
B. Next Generation Schools and Districts (Strategic Priority)
1. Update on persistently low-achieving schools and on school districts in consequences, Year 5 (Review Item) – Associate Commissioners Larry Stinson, Dewey Hensley and Kevin Brown; 45-minute presentation/discussion
C. General
1. Potential issues for inclusion in the board’s legislative agenda for the 2012 Regular Session of the General Assembly (Review Item) – Associate Commissioner Kevin Brown and Legislative Liaison Tracy Herman; 45-minute presentation/discussion
2. TELL Kentucky Survey Follow-up; Possible Recommendations and Policy Implications (Review Item) – Associate Commissioner Larry Stinson and Division Director Michael Dailey; 15-minute presentation/discussion
3. Hearing Officer’s Report (Review Item) – Associate Commissioner/General Counsel Kevin Brown (10-minute presentation/discussion)
4. Review of KBE Policy Manual and Proposed Meeting Dates for 2011, 2012 and 2013 (Review Item) – Policy Advisor Mary Ann Miller; 15-minute presentation/discussion

LUNCH
Noon – 1 p.m. (ET)

COMMITTEE MEETINGS
STATE BOARD ROOM
1 p.m. (ET)

XV. Curriculum, Instruction and Assessment Committee Meeting
A. Action/Consent Items
1. Kentucky Writing Program Advisory Committee Membership
B. Action/Discussion Item
1. 2011-2012 Preschool Funding Process and Funding Rates
2. Request from the State Consortium on Board Examination Systems districts for waiver of 704 KAR 3:305, Minimum Requirements for High School Graduation, Section 2, for an alternative graduation model
3. Request from the Partnership for Next Generation Learning districts for waiver of 704 KAR 3:305, Minimum Requirements for High School Graduation
C. Review Items
1. Alternative Education Program Regulation (new regulation)

XVI. Management Committee Meeting
A. Action/Consent Items
1. New District Facility Plan: Paducah Independent School District
2. 2010-11 Local District Working Budgets
B. Action/Discussion Items
1. Kentucky Education Technology System (KETS) FY12 Unmet Need for LEAs (General)
2. FY 2012 Kentucky Education Technology System (KETS) Expenditure Plan (General)
3. Requiring Kentucky middle schools to comply with Kentucky High School Athletic Association (KHSAA) health and safety requirements including but not limited to coach training, specific safety programs and potential limitations on competition

XVII. Approval of Action/Consent Agenda Items (approved as a block of items)
A. District Facility Plan
B. Writing Advisory Committee Appointments
C. Local District Working Budgets for FY 2011

XVIII. Report of the Curriculum, Instruction and Assessment Committee on Action/Discussion Items

XIX. Report of the Management Committee on Action/Discussion Items

XX. Board Member Sharing

XXI. Information Items (Questions only)
A. KDE Employment Report

XXII. Internal Board Business
A. Approval of travel for board members attending the annual NASBE conference
B. Appointment of committee to select the Sam Robinson Award winner
C. Appointment of the State Evaluation Appeals Panel
D. Other

XXIII. Litigation Report

XXIV. Evaluation discussion with the commissioner of education

XXV. Adjournment

SOURCE: KDE Press release

State Board Reviews Regs, Accountability

Corrected:

(FRANKFORT, Ky.) – At its study session and regular meeting on Tuesday and Wednesday, the Kentucky Board of Education discussed and made revisions to state regulations related to career readiness and accountability/support for schools and districts.


In its study session, on the topic of state regulation 703 KAR 5:200, the board approved a motion to give schools and districts an additional half-point of credit for each student who is deemed both college- and career-ready. This half-point would apply toward a school’s or district’s overall college/career readiness percentage.


In its review of proposed new state regulation 703 KAR 5:220, which outlines school and district accountability recognition and support, the board also agreed to revise the weights outlined in Section 2 of the regulation. These weights are related to an overall accountability score for schools and districts.


NEW WEIGHT
Next-Generation Learners = 50%
Next-Generation Instructional Programs and Support = 30%
Next-Generation Professionals = 20%

More details on the accountability model are available on the Kentucky Department of Education’s Unbridled Learning Web page.

The board took the following actions:

• voted to approve issuing extensions to local school board members elected in 2009 or appointed in 2010 and who have not yet completed required in-service training for 2010
• agreed to send correspondence to local school board members not elected in 2009 or appointed in 2010 and who have not yet completed required in-service training for 2010
• approved the 2012 local school board member In-Service Training Plan
• approved facilities plans for the Adair, Bullitt, Carter, Casey, Floyd, Franklin, Gallatin, Hancock, Harlan, Harrison, Hopkins, Jessamine, Knox, Letcher, Lewis, Livingston, Marion, Marshall, Mason, Meade, Morgan, Rowan, Simpson, Trigg and Union County school districts and the Barbourville, Bardstown, Beechwood, Bellevue, Berea, Bowling Green, Jackson, Middlesboro, Owensboro, Paris, Paintsville, Pikeville, Russellville and Somerset Independent school districts
• agreed direct the Ohio County Board of Education and Local Planning Committee to work with Kentucky Department of Education staff to identify appropriate methods to develop a revised facilities plan
• approved an amended facilities plan for the Jefferson County school district
• gave final approval to state regulation 702 KAR 6:110, the regulation related to claim reimbursement for school and community nutrition programs
• approved the 2012 Kentucky Minimum Specifications for School Buses
• approved the re-appointment of John W. Hardy, associate principal of Campbell County High School, to the State Textbook Commission
• approved the certification of nonpublic schools (see list at the end of this news release)
• approved the repeal of state regulation 704 KAR 3:340, which relates to the Commonwealth Diploma Program

The board heard an appeal of the commissioner’s decision related to the nonresident student agreement for the 2011-12 school year between the Corbin Independent school district and the Knox County school district After presentations from both districts, discussion and deliberation, the board agreed to uphold the commissioner’s earlier decision on this issue.


The board heard presentations and had discussions on these items:

• the Teaching, Empowering, Leading and Learning (TELL) Kentucky Survey Results
• Program Reviews
• the 2010-2012 biennial budget
• annual reporting requirements for the Kentucky High School Athletics Association
• alternative education

The Kentucky Board of Education’s annual retreat is scheduled for August 3 at the Kentucky School for the Deaf in Danville. The board will hold its regular meeting on August 4 in Frankfort. More information about the board is available here.
NONPUBLIC SCHOOLS CERTIFIED BY THE KENTUCKY BOARD OF EDUCATION
ONE year (July 1, 2011 – June 30, 2012)

• Christ the King Elementary, Lexington
• Prince of Peace Elementary, Covington
• Providence Christian Academy, Georgetown
• St. Camillus Academy, Corbin
• St. Henry Elementary, Erlanger

THREE years (July 1, 2011 – June 30, 2014)

• Harvest Christian Academy, South Portsmouth

FOUR years (July 1, 2011 – June 30, 2015)

• St. Joseph Academy Elementary, Walton
• St. Leo Elementary, Versailles

FIVE years (July 1, 2011 – June 30, 2016)

• Barkley Elementary, Ft. Campbell
• Blessed Sacrament Elementary, Ft. Mitchell
• Ft. Campbell High, Ft. Campbell
• Holy Name Elementary, Henderson
• Jackson Elementary, Ft. Campbell
• Glasgow Christian Academy, Glasgow
• Gloria Dei Lutheran School, Elizabethtown
• Heritage Christian Academy, Hopkinsville
• Lexington Montessori, Lexington
• Lincoln Elementary, Ft. Campbell
• Lucas Elementary, Ft. Campbell
• Mahaffey Elementary, Ft. Campbell
• Main Street Christian Education Center, Alexandria
• Marshall Elementary, Ft. Campbell
• Mary, Queen of Heaven Elementary, Erlanger
• Mary, Queen of the Holy Rosary Elementary, Lexington
• Northside Baptist Christian Elementary, Mayfield
• Oneida Baptist Institute, Oneida
• St. Augustine Elementary, Augusta
• St. Francis of Assisi Elementary, Pikeville
• St. Joseph Elementary, Cold Spring
• St. Mary Elementary, Paris
• St. Philip Elementary, Melbourne
• Valor Traditional Academy, Louisville
• Wassom Middle, Ft. Campbell

WORK SESSION June 7, 2011

Video and audio: mms://video1.education.ky.gov/On-Demand2011/KBE_mtg_6-7-11.wmv

Downloadable audio podcast: http://media.education.ky.gov/video1/On-Demand2011/KBE_mtg_6-7-11.mp3

MORNING SESSION June 8, 2011
Video and audio: mms://video1.education.ky.gov/On-Demand2011/KBE_mtg_6-8-2011morning.wmv

Downloadable audio podcast: http://media.education.ky.gov/video1/On-Demand2011/KBE_mtg_6-8-2011morning.mp3

AFTERNOON SESSION June 8, 2011
Video and audio: mms://video1.education.ky.gov/On-Demand2011/KBE_mtg_6-8-2011afternoon.wmv

Downloadable audio podcast: http://media.education.ky.gov/video1/On-Demand2011/KBE_mtg_6-8-2011afternoon.mp3

State Board Approves Accountability Regulation

At its regular meeting on Wednesday, the Kentucky Board of Education approved the state regulation that defines the first component of the state’s new accountability system for public schools.

The new regulation – 703 KAR 5:200 – outlines the Next-Generation Learners component of the overall accountability system mandated by 2009’s Senate Bill 1. The regulation provides details on how student test results, efforts to close achievement gaps, student academic progress, college/career readiness and graduation rates will be used to gauge public schools and school districts.

The board made a few minor changes to the regulation, which now moves through the standard process for approval of all state regulations.

The board heard discussion of another new state regulation (703 KAR 5:220) that outlines how schools and districts will be classified under the new accountability system. The regulation also provides guidelines related to support for struggling schools. The board will continue discussion of this regulation at its June meeting.

The board also discussed content for a regulation related to Program Reviews and heard information about the expansion of the AdvanceKentucky program.

The board took the following actions:

• voted to approve a resolution supporting the Commonwealth Commitment to College and Career Readiness Pledge


• agreed to uphold Education Commissioner Terry Holliday’s decision related to the disbanding of the Christian County High School school-based decision making council


• approved the appointment of (Ms.) Dana Guyton of Louisville as an at-large member of the Kentucky High School Athletics Board of Control


• approved a request for an alternative school-based decision making council model for Mt. Sterling Elementary in Montgomery County


• approved the selection of EdisonLearning and Mosaica Turnaround Partners as external management organizations, as enabled by KRS 160.346 for assistance to low-performing schools


• approved the Kenton County Board of Education’s request for a waiver of a section of state regulation 704 KAR 3:340, which outlines criteria for the Commonwealth Diploma


• approved the Paducah Independent Board of Education’s request for a waiver of a section of 704 KAR 3:305, which outlines the minimum requirements for high school graduation

The board heard an appeal of the commissioner’s decision related to the 2011-12 nonresident student agreement between the Harlan County and Harlan Independent school districts. After presentations from both districts, discussion and deliberation, the board agreed to uphold the commissioner’s decision on this issue.

The board heard presentations and had discussions on these items:

• recommendations from the Governor’s Transforming Education in Kentucky Task Force


• 2010-2012 biennial budget


• 2011 elementary and secondary legislation


• state regulation 702 KAR 6:110, Claim Reimbursement for School and Community Nutrition


• an audit update and review of the commissioner’s and board’s expenses


• state regulation 704 KAR 3:340, Locally Awarded Certificates of Merit (formerly Commonwealth Diploma Program)

The Kentucky Board of Education’s next regular meeting is scheduled for June 8 in Frankfort. The board will hold a work session on June 7 at 1 p.m. in Frankfort.

SOURCE: KDE Press release

State Board Discusses Accountability

At its regular meeting on Wednesday, the Kentucky Board of Education heard presentations related to the proposed accountability system for the state’s public schools and districts.

The board heard details about a proposed accountability model that would be adopted through a state regulation. The model would hold schools and districts accountable for student achievement; closing achievement gaps; showing growth/progress; college and career readiness (middle and high schools); and graduation rates (high schools).

Schools and districts could receive an overall, weighted score that would combine raw scores from each of those areas. Schools and districts also could be classified as “Distinguished,” “Proficient,” “Needs Improvement” or “Persistently Low-Achieving,” depending on their overall, weighted scores and other variables.

A document describing the proposed accountability model is attached to this news release. The board will continue its discussion at its April meeting.

The board also discussed recognition, assistance and consequences for schools and districts, based on their performance and standings in the proposed accountability model.

The board heard a presentation related to career readiness from the Kentucky Association of Career and Technical Education, which provided recommendations on assessment and implementation.

The board voted to support Education Commissioner Terry Holliday’s call to continue as planned with the implementation of mandates from 2009’s Senate Bill 1.

The board took the following actions:

• approved district facility plans for the Bath County, Hazard Independent and Fulton Independent school districts
• approved 2010-2011 local district tax rates levied

• gave final approval to 702 KAR 7:065, the regulation related to high school interscholastic athletics
• approved the appointment of J. Gary Mudd of Louisville to the Kentucky School for the Blind Advisory Board
• approved the appointment of Hardin County teacher Vasco Perry to the State Textbook Commission

The Kentucky Board of Education’s next regular meeting is scheduled for April 13 in Frankfort. More information about the board is available here.

SOURCE: KDE Press release

Kentucky Board of Education to Meet

KENTUCKY BOARD OF EDUCATION
Happy Groundhog's Day

STATE BOARD ROOM
FIRST FLOOR, CAPITAL PLAZA TOWER
FRANKFORT, KENTUCKY

Wednesday, February 2, 2011

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM
9:00 a.m. (EST)

I. Call to Order
II. Roll Call
III. Approval of minutes from the December 7-8, 2010, regular meeting
IV. Introduction of New KDE Employees and KDE Team Members of the Month by the Commissioner of Education
V. Report of the Secretary of the Education and Workforce Development Cabinet
VI. Report of the President of the Council on Postsecondary Education
VII. Report of the Executive Director of the Education Professional Standards Board
VIII. Report of the Commissioner of Education (Questions on written report)
IX. Good News Items
X. Public Comment Segment
XI. Full Board Items
A. Next Generation Learners and Next Generation Support Systems (Strategic Priorities)
· 703 KAR 5:200, Next Generation Learners and discussion on remaining accountability issues for Kentucky’s accountability model (Regulation is under separate cover) (Review Item); Associate Commissioner Ken Draut, Division Director Rhonda Sims and Associate Commissioner Felicia Cumings-Smith; 2 ½-hour presentation/discussion

LUNCH
FIRST FLOOR CONFERENCE ROOM
12:00 noon – 1:00 p.m. (EST)

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM
1:00 p.m. (EST)

XI. Full Board Items
B. Next Generation Schools/Districts (Strategic Priority)
Initial discussion regarding recognition and assistance for the Next Generation Learners component of Kentucky’s new assessment and accountability model (Review Item); Associate Commissioner Ken Draut, Division Director Rhonda Sims, Associate Commissioner Larry Stinson and Associate Commissioner Felicia Cumings-Smith;
C. General
Legislative Update – Associate Commissioner/General Counsel Kevin Brown and Tracy Herman, Legislative Liaison;
Hearing Officer’s Report – Associate Commissioner/General Counsel Kevin Brown;

COMMITTEE MEETINGS
STATE BOARD ROOM
2:30 p.m. (EST)

XII. Management Committee Meeting
A. Action/Consent Items
1. District Facility Plans: Bath County, Hazard and Fulton Independent School
Districts (KDE Support and Guiding Processes)
2. 2010-2011 Local District Tax Rates Levied

B. Action/Discussion Items
1. 702 KAR 7:065, Designation of Agent to Manage High School Interscholastic
Athletics and Revisions in Kentucky High School Athletic Association Bylaws

XIII. Curriculum, Instruction and Assessment Committee Meeting
A. Action/Consent Items
1. Kentucky School for the Blind (KSB) Advisory Board Appointment
2. Appointment to the State Textbook Commission

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM

XIV. Approval of Action/Consent Agenda Items (approved as a block of items)
A. District Facility Plans
B. Tax Rates Levied
C. KSB Advisory Board Appointment
D. Textbook Commission Appointment
XV. Report of the Management Committee on Action/Discussion Items
XVI. Board Member Sharing
XVII. Information Items
A. KDE Employment Report XVIII. Internal Board Business
XIX. Litigation Report
XX. Adjournment

State Board Adopts White Paper

At a study session on Tuesday and its regular meeting on Wednesday, the Kentucky Board of Education heard presentations and took action on a number of items.

The board agreed to adopt a white paper called Goals and Guiding Principles for Accountability in Kentucky’s Public Education System. The board agreed to incorporate language related to international and national benchmark attainment and to reinforce differentiated teaching and learning. The board also discussed a separate Program Review for world languages. The document will serve as a foundation piece on which decisions will be made regarding the new public school accountability model required by 2009’s Senate Bill 1.

The board also had discussion on the preliminary regulatory language for Kentucky’s new accountability model and on remaining accountability issues.

The board gave final approval to state regulation 702 KAR 7:125, which relates to pupil attendance. Changes to the regulation include:

• Beginning with the 2010-11 school year, attendance calculations will change from Full Time Equivalency (FTE) to whole day/half day. Daily attendance will now be represented as 0%, 50% or 100%. There will be no changes in the way daily attendance is entered at the district level. This change is a technical correction to show that 35% absent is a Tardy, with the student receiving a full day of attendance.
• The requirement in the regulation for districts to submit copies of their written nonresident pupil contracts to KDE has been removed, as this is not required by statute. The change in the regulation would require that contract information be kept on file at both the attending and resident districts.

The definitions for student ethnicity have been changed to align with those required by the federal government for state and federal reporting purposes.

The board also discussed the identification of low-achieving schools and districts in corrective action status under the federal No Child Left Behind (NCLB) Act, along with the provisions of KRS 160.346 and the related regulations that affect these schools and districts.
The board took the following actions:

• approved district facility plans for the Breckinridge County, Carroll County, Scott County, Washington County and Frankfort Independent school districts
• approved a district facility plan amendment for Taylor County
• approved 2010-2011 local district working budgets

approved a waiver of state regulation 702 KAR 5:060, Section 6 (2) for the Ft. Thomas Independent school district

The board presented three awards at this meeting:

• the Kevin M. Noland Award to Sally Sugg, former director of the KDE Division of District 180
• the Joseph W. Kelly Award to Helen M. Carroll, manager of Community Relations for Toyota Motor Engineering and Manufacturing, North America, Inc.
• the Dr. Johnnie Grissom Award to the LaRue County school district

The board heard presentations on the following items:
Program Reviews

• National Association of State Boards of Education (NASBE) Obesity Prevention Project Grant
• Students with Disabilities: Focus on Closing Achievement Gaps
• the designation of an agent to manage high school interscholastic athletics
• revisions in Kentucky High School Athletic Association (KHSAA) bylaws
• the commissioner’s and board’s expenses

The Kentucky Board of Education’s next regular meeting is scheduled for February 1 in Frankfort. More information about the board is available here.

SOURCE: KDE Press release

Kentucky Board of Education to Meet

The Kentucky Board of Education will meet Tuesday and Wednesday, December 7 and 8, in the State Board Room on the first floor of the Capital Plaza Tower in Frankfort.

On Tuesday, the board will participate in a study session related to Kentucky’s new accountability model for the state’s public schools. The session will begin at 2 p.m. ET and is set to end at 6 p.m. ET.

On Wednesday, the board will meet in full session at 9 a.m. ET. The board’s Management Committee and Curriculum, Instruction and Assessment Committee will meet at 1 p.m. ET. The board will reconvene in full session after the committee meetings.

Agenda items include discussion of the process to identify persistently low-achieving schools and information on Program Reviews. The board also will present the Joseph Kelly Award, the Dr. Johnnie Grissom Award and the Kevin M. Noland Award.

Both the study session and the board meeting will be webcast. Information on how to access the webcast will be available Tuesday afternoon on the Kentucky Department of Education’s homepage.

A full agenda follows.

KENTUCKY BOARD OF EDUCATION
DECEMBER 7-8, 2010

STATE BOARD ROOM
FIRST FLOOR, CAPITAL PLAZA TOWER
FRANKFORT, KENTUCKY
Tuesday, December 7, 2010

STUDY SESSION - FULL BOARD
STATE BOARD ROOM
2 p.m. - 6 p.m. (ET)

I. Call to Order
II. Roll Call
III. Next Generation Learners (Strategic Priority) Study Session
A. Adoption of white paper titled “Goals and Guiding Principles for Accountability in Kentucky’s Public Education System (Action/Discussion Item); Commissioner Terry Holliday and Associate Commissioner Ken Draut; 1-hour presentation/discussion
B. Discussion on preliminary regulatory language for Kentucky’s new accountability model and on remaining accountability issues (Review Item); Associate Commissioner Ken Draut; 3-hour presentation/discussion

RECESS

GROUP DINNER
CAPITAL PLAZA HOTEL – SEMINAR ROOM
7 p.m. (ET)
(No business to be conducted.)

Wednesday, December 8, 2010

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM
9 a.m. (ET)

IV. Approval of minutes from the October 6, 2010, regular meeting
V. Introduction of KDE Team Members of the Month by the Commissioner of Education
VI. Presentation of the Kevin M. Noland Award by KBE Chair David Karem
VII. Report of the Secretary of the Education and Workforce Development Cabinet (Questions on written report)
VIII. Report of the President of the Council on Postsecondary Education (Questions on written report)
IX. Report of the Executive Director of the Education Professional Standards Board (Questions on written report)
X. Report of the Commissioner of Education (Questions on written report)
XI. Good News Items
XII. Public Comment Segment (To speak, complete sign-up sheet prior to start of meeting; limit is 3 minutes per speaker with maximum of 30 minutes total for this segment.)
XIII. Full Board Items
A. Next Generation Schools and Districts (Strategic Priority)
1. Discussion of the identification of low-achieving schools and districts in NCLB corrective action and the provisions of KRS 160.346 (2010 Regular Session, HB 176), and the related regulations that affect these schools and districts (Review Item) – Associate Commissioner/General Counsel Kevin Brown, Associate Commissioner Larry Stinson and Division Director Debbie Hicks; 45-minute presentation/discussion
B. Next Generation Support Systems (Strategic Priority)
1. Program Review Update (Review Item) – Associate Commissioner Felicia Smith; 60-minute presentation/discussion
C. General
1. Hearing Officer’s Report – Associate Commissioner/General Counsel Kevin Brown; 10-minute presentation/discussion

PRESENTATION OF THE DR. JOHNNIE GRISSOM AND
JOSEPH KELLY AWARDS
STATE BOARD ROOM
11:30 a.m. (ET)

LUNCH
FIRST FLOOR CONFERENCE ROOM
12 noon – 1 p.m. (ET)
(Lunch provided for KBE members, invited guests and Commissioner’s Planning Committee members only)

COMMITTEE MEETINGS
STATE BOARD ROOM
1 p.m. (ET)

XIV. Management Committee Meeting
A. Action/Consent Items
1. District Facility Plans: Breckinridge County, Carroll County, Scott County, Washington County and Frankfort Independent
2. District Facility Plan Amendment: Taylor County School District
3. 2010-2011 Local District Tax Rates Levied
4. 2010-11 Local District Working Budgets
B. Action/Discussion Items
1. 702 KAR 7:125, Pupil attendance (Final) (KDE Support and Guiding Processes)
2. Waiver of 702 KAR 5:060, Section 6 (2) for Ft. Thomas Independent Schools
C. Review Items
1. 702 KAR 7:065, Designation of Agent to Manage High School Interscholastic Athletics and Revisions in Kentucky High School Athletic Association (KHSAA) bylaws
2. Audit Update and Review of the Commissioner’s and Board’s Expenses for the KBE Management Committee
XV. Curriculum, Instruction and Assessment Committee Meeting
A. Action/Discussion Item
1. National Association of State Boards of Education (NASBE) Obesity Prevention Project Grant Update
B. Review Items
1. Students with Disabilities: Focus on Closing Achievement Gaps

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM

XVI. Approval of Action/Consent Agenda Items (approved as a block of items)
A. District Facility Plans
B. District Facility Plan Amendments
C. Tax Rates Levied
XVII. Report of the Curriculum, Instruction and Assessment Committee on Action/Discussion Items
XVIII. Report of the Management Committee on Action/Discussion Items
XIX. Board Member Sharing
XX. Information Items (Questions only)
A. KDE Employment Report
XXI. Internal Board Business
XXII. Litigation Report
XXIII. Adjournment

TEACHER EVALUATION APPEALS PANEL
FIRST FLOOR CONFERENCE ROOM
UPON ADJOURNMENT OF THE FULL BOARD MEETING

SOURCE: KDE Press release

KBE Gives Holliday a Big Smooch, Discusses Accountability

At its regular meeting this week the Kentucky Board of Education got its first peek at the new accountability system mandated by Senate Bill 1. The board also finalized its evaluation of Commissioner Terry Holliday and called his performance "outstanding."

There's absolutely no surprise in a Kentucky School Board saying their leader is doing a good job. They say that about all of them - regardless. Even in the presence of evidence to the contrary, the state board has been known, in years past, to love the one they're with. Who can forget how they held fast on how wonderful Barbara Erwin was going to be for the state despite a pile of evidence that she falsified her resume. The board was so confident that they gave themselves awards as a testament to what a great job they did in hiring her. The board continued to support her right up to the minute they talked her into resigning.

But one gets the sense that Holliday's accolades are deserved.

The Commissioner's job is administrative, but it is also about articulating a vision toward implementing state initiatives. In Holliday's case, the job performance is driven by Senate Bill 1. Implement it well, and he gets a gold star. If any significant element fails, he is open to criticism even if that failure is the result of the legislature not funding its own proposals.

But Holliday is serving at a time of significant change in American education history. The school reform efforts of the late 20th century are shifting to a new form and resistance to new approaches being advocated by the Obama administration (and a handful of powerful foundations interested in reshaping education) are just now beginning to receive substantial pushback. That pushback is a direct result of the success these groups have shown in moving their agenda. It is not clear how that will play out in Kentucky, but Holliday's job will be to keep the train on the tracks, and moving.

Even in defeat Holliday has shown the ability to multi-task and nimbly move to the next opportunity. When his application for $175 million in Race to the Top funds fell short, he was already participating in three testing consortia, two of which received federal funding that will patch part of the hole left empty by RTTT. Then he got lucky and EduJobs filled in the rest...or at least enough to get the job done.

From the start, Holliday presented himself as a school leader who could develop a plan and drive that plan to success. He had a small group of vocal detractors in North Carolina but so far, the state board is hearing "very positive comments" about Holliday from constituents across the state. His plain-spoken style is effective around these parts. I like that he doesn't dumb-down his speeches, but arguably, that may not be the best PR approach.

Communication a big deal. Communicating is really what the job is all about. Plus, Holliday has embraced every new media vehicle available to broadcast his ideas to the general public. This serves to demystify the department of education's goals and clarifies where the state is going.

Holliday has also, importantly, shown a willingness to speak truth to power - whether telling the legislature of the need for more funding, or the state's superintendents about his support for charter schools, or the KEA about the need to evaluate teachers based on their students' performance. And he seems to have done so without alienating any of them. Indeed, he mustered every school district in the state and the KEA in support of the state's RTTT bid.

Holliday has also avoided any major gaffes. No $30,000 cars. No news of wastefully expensive junkets or costly squabbles with legislators. It would seem that KBE has found a steady hand to steer the schools through choppy waters. The direction Kentucky is travelling has been made clear. Kentucky is onboard with the feds and the foundations. But I suspect that in coming days more will rise up to argue against that course. Holliday's challenge will continue to be one of maintaining unity amid change.

In September, KSBA's Brad Hughes sat in on the board meeting where Holliday's evaluation was first discussed. He has some interesting observations about Holliday's performance and the modus operandi of the opponents of public education in the Kentucky School Advocate.

This from KDE:

At its regular meeting on Wednesday, the Kentucky Board of Education heard presentations and took action on a number of items.

The board held an in-depth discussion about Kentucky’s new assessment and accountability system, which is mandated by 2009’s Senate Bill 1. Staff at the Kentucky Department of Education presented a concept paper for the new system, which includes indicators related to next-generation learners, next-generation professionals, next-generation support systems and next-generation schools and districts.

The board approved a regulation that repeals another state regulation that provides guidelines for the Highly Skilled Educator (HSE) program. Since the HSE program will be replaced by a new assistance program, the regulation related to its guidelines
must be repealed.

In a related move, the board gave final approval to state regulation 703 KAR 5:190, which outlines the provision of education assistance to schools and school districts.

The board also approved its legislative agenda in preparation for the 2011 session of the Kentucky General Assembly.

In recognition of her dedication to the students of Kentucky, the board presented Helen W. Mountjoy with the Dr. Samuel Robinson Award. Mountjoy is a former Secretary of the Education and Workforce Development Cabinet and was a longtime
member of the Kentucky Board of Education, serving as chair of the board for many years.

The board took the following actions:

• approved its Strategic Plan Goals and Commissioner of Education’s Goals
• approved the commissioner’s 2009-10 evaluation document
• approved the revised KBE Policy Manual
• approved the district facility plan for the Knott County school district
• approved 2010-2011 local district tax rates levied
• approved the site for the proposed new Pre-K Center in the Elizabethtown Independent school district
• approved the site for the proposed new middle school in the Paducah Independent school district
• approved the guidelines for requesting the use of capital funds for
  FY2010-11 and FY2011-12

The board heard presentations on the following items:

• English-Language Learners (ELLS): Focus on Closing the Achievement Gaps
• the Board Examination System
• Title IX deficiencies for schools audited during the 2009-10 school year and recommendations for 2010-11 from the Kentucky High School Athletics Association
• the pupil attendance regulation
• the 2010-2012 Biennial Budget

See the meeting here: Video and audio -Downloadable audio podcast.

Hat Tip to Lisa H.

Kentucky Board of Education to Meet

The Kentucky Board of Education will meet Wednesday, October 6, in the State Board Room of the Capital Plaza Tower in Frankfort.

The board will meet in full session at 9 a.m. The board’s Curriculum, Instruction and Assessment Committee and Management Committee will meet in the afternoon.

Agenda items include discussion of the state’s new assessment and accountability system for public schools, the board’s legislative agenda and the presentation of the annual Dr. Samuel Robinson Award.

A full agenda follows...and supporting materials here:

KENTUCKY BOARD OF EDUCATION
OCTOBER 6, 2010

STATE BOARD ROOM
FIRST FLOOR, CAPITAL PLAZA TOWER
FRANKFORT, KENTUCKY

Wednesday, October 6, 2010

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM
9 a.m. (ET)

I. Call to Order
II. Roll Call
III. Approval of minutes from the August 4-5, 2010, retreat and regular meeting
IV. Introduction of new KDE employees and KDE Team Members of the Month by the Commissioner of Education
V. Report of the Secretary of the Education and Workforce Development Cabinet (Questions on written report)
VI. Report of the President of the Council on Postsecondary Education (Questions on written report)
VII. Report of the Executive Director of the Education Professional Standards Board (Questions on written report)
VIII. Report of the Commissioner of Education (Questions on written report)
IX. Good News Items
X. Public Comment Segment (To speak, complete sign-up sheet prior to start of meeting; limit is three minutes per speaker with maximum of 30 minutes total for this segment.)
XI. Full Board Items
A. Next Generation Schools/Districts
1. Initial discussion regarding Kentucky’s new assessment and accountability system (Review Item) – Associate Commissioner Ken Draut; 60-minute presentation/discussion
2. 703 KAR 5:171, Repeal of 703 KAR 5:170, Kentucky Highly Skilled Educator Program (Final) (Action/Discussion Item) – Associate Commissioner/General Counsel Kevin Brown and Division Director Sally Sugg; 5-minute presentation/discussion
3. 703 KAR 5:190, Assistance to Low-Achieving Schools (Final) (Action/Discussion Item) – Associate Commissioner/General Counsel Kevin Brown and Division Director Sally Sugg; 10-minute presentation/discussion
B. General
1. Kentucky Board of Education 2011 Legislative Agenda (Action/Discussion Item) – Associate Commissioner/General Counsel Kevin Brown; 20-minute presentation/discussion
2. 2010-2012 Biennial Budget Update for the Kentucky Board of Education (Review Item) – Associate Commissioner Hiren Desai and Division Director Charles Harmon; 30-minute presentation/discussion
3. Hearing Officer’s Report – Associate Commissioner/General Counsel Kevin Brown; 10-minute presentation/discussion

PRESENTATION OF THE DR. SAMUEL ROBINSON AWARD
STATE BOARD ROOM
11:30 a.m. (ET)

LUNCH
FIRST FLOOR CONFERENCE ROOM
12 noon – 1 p.m. (ET)

BUSINESS SESSION - FULL BOARD (CONT’D)
STATE BOARD ROOM
1 p.m. (ET)

XI. Full Board Items (Cont’d)
B. General (Cont’d)
4. Strategic Plan Goals and Commissioner of Education’s Goals (Action/Discussion Item) – Commissioner Terry Holliday;60-minute presentation/discussion

COMMITTEE MEETINGS
STATE BOARD ROOM

XII. Curriculum, Instruction and Assessment Committee Meeting
A. Review Items
1. English Language Learners (ELLS): Focus on Closing the Achievement Gaps
2. Update on the Board Examination System
XIII. Management Committee Meeting
A. Action/Consent Items
1. District Facility Plans: Knott County School District
2. 2010-2011 Local District Tax Rates Levied
B. Action/Discussion Items
1. Site approval for the proposed new Pre-K Center, Elizabethtown Independent School District
2. Site approval for the proposed new middle school, Paducah Independent School District
3. Guidelines for Requesting the use of Capital Funds for FY2010-11 and FY2011-12
C. Review Items
1. Report from KHSAA on Title IX Deficiencies for schools audited during the 2009-2010 school year and recommendations for 2010-2011 (
2. 702 KAR 7:125, Pupil attendance

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM

XIV. Approval of Action/Consent Agenda Items (approved as a block of items)
A. District facility plans
B. Tax Rates Levied
XV. Report of the Management Committee on Action/Discussion Items
XVI. Board Member Sharing
XVII. Information Items (Questions only)
A. KDE Employment Report
XVIII. Internal Board Business
A. Approval of the commissioner’s 2009-10 evaluation document
B. Approval of the revised KBE Policy Manual
C. Appointment of the Joe Kelly Award selection committee and the Dr. Johnnie Grissom Award selection committee
D. Other
XIX. Litigation Report
XX. Adjournment

Karem named chairman of Kentucky Board of Education

This from Jim Warren at H-L:

Louisville's David Karem is the new chairman of the Kentucky Board of Education.

Karem, a former state senator, was elected by fellow board members Thursday as the education panel wrapped up two days of meetings. He succeeds Joe Brothers of Elizabethtown, whose board term recently expired.

The Rev. C.B. Akins of Lexington and Dorie Combs, a professor at Eastern Kentucky University, will be vice chairs.

Life lessons

This from the Richmond Register:

The Bellevue Learning Center has received state-wide recognition. Bellevue
was one of 11 Kentucky schools to be named Best Practices Site for Alternative Education by the Kentucky Board of Education.

Bellevue was recognized in two areas: Culture, Support and Professional Development and Leadership and Resources/Organization and Planning.

Principal John Fields said he believes this is the first time Bellevue has received an award of this magnitude in its 20-year history.“That’s been my vision, to make this one of the top programs in the state and we’ve been able to achieve that,” said Fields, who has been ... Bellevue’s principal for two years. “Our students have been very successful and it’s been a team effort among our staff.”

Most students are at Bellevue because of chronic discipline and academic and/or school attendance problems, according to information provided by the center.

“The kids are in trouble when they get here,” Fields said. “We work on social skills to help them change their behavior so they can be successful when they go back to their schools.”

Gov. Beshear names appointees to the Kentucky Board of Education

This from the Gov:

Gov. Steve Beshear today announced appointments to the Kentucky Board of Education, choosing representation from business, education and community interests throughout the Commonwealth.

“Providing a quality education to Kentucky’s youth is essential to advancing our workforce and our economy,” said Gov. Beshear, “and no one knows that better than the team I have assembled to serve on this board. This group consists of nationally recognized educators and leaders who organize communities to support the goals of educational attainment. They all understand and share the value and significance of
education to the personal growth of Kentuckians and the economic prosperity of our Commonwealth.”

The appointees are:

Jonathan Parrent, of Caldwell County, will represent the First Supreme Court District. He is the current dean of student affairs at Madisonville Community College and works with regional high school students to improve college and career readiness. Parrent also is the father to two elementary school students. The
appointment replaces Austin W. Moss, whose term has expired.

William L. Twyman, of Barren County, will represent the Second Supreme Court District. He is a former educator and national Milken Educator award winner. He currently works with the consulting firm, Educational Directions. The appointment replaces Wilburn “Joe” Brothers, whose term has expired.

Roger L. Marcum, of Nelson County, will represent the Third Supreme Court District. He is a former principal, superintendent and national Milken Educator award winner. In 2006, he was named superintendent of the year by the Kentucky School Boards Association. He is currently the executive vice president of St. Catharine College in Springfield. The appointment replaces John Douglas Hubbard, whose term has expired.

Mary Gwen Wheeler, of Jefferson County, will represent the Fourth Supreme Court District. She is the senior policy advisor on education and youth with the Louisville Metro Government. She is currently a member of the Jefferson County Public Education Foundation and the Prichard Committee for Academic Excellence. The appointment replaces Jeanne H. Ferguson, whose term has expired.

Martha M. Jones, of Boyd County, will represent the Seventh Supreme Court District. She is a former social worker and continuing education counselor. She also previously worked with Friends of the Children, a non-profit organization in Ashland, to assist disadvantaged schoolchildren. The appointment replaces Katheryn R. Baird, whose term has expired.

Gov. Beshear has also reappointed the following members:

Dr. C.B. Akins, Sr., of Fayette County, will represent the Fifth Supreme Court district. He has been a member of the board since June 2006. He is currently pastor of First Baptist Church Bracktown.

Judith H. Gibbons, of Kenton County, will represent the Sixth Supreme Court District. She has been a member of the board since June 2006. She is a retired vice-president of a professional career management firm.

These members will serve for terms expiring April 14, 2014. (or...you know...whenever)

The Kentucky Board of Education has 12 members, with the governor appointing 11 voting members -- seven representing the Supreme Court districts and four representing the state at large. The additional non-voting member is the president of the Council on Postsecondary Education.

The Kentucky Board of Education develops and adopts the regulations that govern Kentucky’s 174 public school districts. While the board has legal authority to establish performance standards for local school districts and to mandate corrective
actions, the board respects the local autonomy of each school district.

Frost School Council Disbanded by KBE

Frost Middle School loses appeal to keep site-based council

Little Evidence of Student Achievement Focus

This from Toni at C-J:

An appeal by Frost Middle School's site-based decision-making council to keep its authority was denied by the Kentucky Board of Education Wednesday.

The board voted 10-0, with board member Doug Hubbard absent, to uphold Kentucky Education Commissioner Terry Holliday's recommendation that the council be disbanded and its authority transferred to Sheldon Berman, superintendent of
Jefferson County Public Schools.

Holliday's recommendation came as a result of leadership audits conducted at 10 of the state's lowest performing schools, including six in Jefferson County.

...In its appeal to the state board, Frost's council said it "has the capacity to lead this school to become high achieving and our hope is that you will allow us to be part of this change."

But ...Chairman Joe Brothers said he went through the minutes of several recent Frost council meetings and was surprised that there was "little mention" about student achievement.

"The minutes do not give the kind of attention to student achievement as they
should," Brothers said. "To me, that is problematic."

Tonya Mobley, a Frost parent who had served on the school's council, said Wednesday she is disappointed with the decision.

"I think they had their minds made up before they went into the meeting," she said. "It bothers me because they are not at the school every day, they don't really know what's going on."

Mobley said she also doesn't understand how the state auditors concluded that the council was not operating efficiently when a separate review by the Jefferson County
Public Schools site-based council office gave the Frost group the highest possible rating in terms of efficiency in April...

Other actions taken by the board include:

• approved suggested amendments to 703 KAR 5:180, the regulation that relates to the intervention system for persistently low-achieving schools
• approved changes to 702 KAR 7:130 (emergency and ordinary versions), the regulation related to uniform procedures for approval of alternative, innovative school calendars
  gave final approval to 704 KAR 3:303, the regulation related to required core academic standards
• approved district facility plans for Nelson County and Ashland Independent
• approved district facility plan amendments for Henderson County
• approved local district working budgets
• gave final approval to 702 KAR 5:110, the state regulation related to reimbursement for vocational school pupil transportation
• approved the Kentucky Minimum Specifications for School Buses, 2011
• approved the designation of Rogers Hall at the Kentucky School for the Deaf as surplus property
• approve the recommendation from the commissioner of education to reappoint Lea Wise Prewitt of Mt. Sterling as an at-large member to the Kentucky High School Athletics Association (KHSAA) Board of Control
• approved a KHSAA-implemented alternative training course for coaches

The board heard a presentation on reporting requirements outlined in 702 KAR 7:065, the regulation designating the KHSAA as the entity to manage interscholastic athletics.

The board also agreed that members Billy Harper, Dorie Combs, Brigette Ramsey and David Karem should serve as the nominating committee to select a proposed slate of officers for 2010-11.

"Old" KBE members "Held Over"

When the Kentucky Board of Education meets ... in a few minutes... Joe Brothers will still be chair and other members whose terms have expired will still be serving.

This is owing to the fact that the law does not specify what is to happen if a governor is late making new appointments. Further, there seems to be no Kentucky case law which helps to answer the question.

Former Attorney General Fred Cowan actually relied on a South Carolina case in OAG 91-17 to support the continuation in office of "hold-overs." In Bradford v Bynes, 221 S.C. 255, 70 S.E.

2d 228, 231 (1952) the court ruled that absent "pertainent statutory or constitutional provision" that such members become "defacto officer" until they are duly replaced. "The presumption is against a legislative intent to ...allow a condition whcih may result in an ...administrative office remaining unoccupied."

KSN&C Backstory:

Today's agenda includes consideration of local board of education or school-based decision making council appeals of the commissioner’s action under KRS 160.346 regarding leadership assessment reports and discussion/action on 2010-11 preschool funding rates.

Lookie here:

When is a Kentucky Board of Education member Not a Board Member?

I thought I'd be writing a correction today on an issue related to the Kentucky Board of Education. But now - maybe not.

On Saturday, I wrote that Kentucky Board of Education members "typically serve until replaced."

Support for that statement came from information provided KSN&C by the governor's former Communications Director Dick Brown in April 2008. At that time, I was told that board members "continue serving until someone new is appointed."

That drew a response from a finicky KSN&C reader who knows a lot more about the law and how the Kentucky Board of Education really operates than I do.

The source tells KSN&C that

Any action taken by any putative Board member after his or her term expires would be invalid (the term is “ultra vires” in legal mumbo jumbo).

Ultra vires is Latin for "beyond the powers."

My legal dictionary suggests that government entities created by a state are public corporations governed by statutorily imposed grants of power. Historically, the ultra vires concept has been used to construe those powers of a government entity narrowly. Failure to observe the statutory limits has been characterized as ultra vires.

To prevent a contract from being voided as ultra vires, it is normally necessary for governmental groups like the Kentucky Board of Education to prove that the member actually had the proper authority to act. Similarly, where a government employee (like a commissioner) exceeds his or her authority, the government entity (the board of education) may seek to rescind the contract based on an ultra vires claim.

I wonder if a private citizen could make the same claim. So with apologies to former KBE Chair Joe Brothers, let me posit a scenario.

Suppose Brothers liked being on the board and didn't really want to step down. Suppose that KDE had some action that required the board chair to do something; sign a contract, perhaps, or otherwise attend meetings and act on behalf of the board. Could a disgruntled citizen bring a claim against the Board to nullify whatever actions he took? What if that action was really important to the children of the state?

KSN&C asked KDE for a ruling. Apparently after consulting with KDE General Counsel Kevin Brown, spokeswoman Lisa Gross told KSN&C,

The statute says that the terms expire on April 14, and although there is nothing in the statute that says the members whose terms have expired may continue to serve (or must not serve), the tradition has been to consider those whose terms have expired as “held-over” members if no new members are appointed before the next regular meeting occurs.

Tradition? I like tradition as much as the next guy, but when it comes to how the government functions, I've always preferred to be able to read the law and have some understanding of what it means. I do not anticipate a problem, but one wonders what an Attorney General might opine. But I should add that our finicky reader is not concerned, thinks we should leave the AG out of it, but also thinks the law is crystal clear - after April 15th the expired members are just that.

The Board of Education statute (KRS 156.029) states:

Each of the appointed members shall serve for a four (4) year term, except the initial appointments shall be as follows: the seven (7) members representing Supreme Court districts shall serve a term which shall expire on April 14, 1994; and the four (4) at-large members shall serve a term which shall expire on April 14, 1992. Subsequent appointments shall be submitted to the Senate and to the House of Representatives for confirmation in accordance with KRS 11.160...

Now contrast that with the other statutory language. When the legislature wants to allow members to continue to serve, they provide language to support it. Consider KRS 164.821(4) which provides for trustees at UofL:

The gubernatorial appointments shall serve a term of six (6) years and until their successors are appointed and qualified.

There is no language in the KBE statute about “The gubernatorial appointments shall serve … until their successors are appointed and qualified.”

Gross says she does not recall the last time a governor failed to make appointments before a regular meeting and if that has occurred, it’s likely been a few years. Well, I can't remember a time either and doubt it will be a problem this time. In fact, we hear that interviews with potential BOE members have already been taking place, so this is academic.

But KSN&C also hears that the issue of when a BOE member ceases to be one, may have come up this year. There were plans for a May retreat that presumably would have included those members whose terms have expired, but after some conversations, the May meeting got nixed. A special session is looming and the meeting was pushed to June. I suspect the two are somewhat related.

Gross tells KSN&C that over time,

governors have had to appoint one or two members because of resignations or term expirations, and I don’t remember if all of those were appointed before regular meetings occurred. When governors have appointed more than one member due to
term expirations, that has generally occurred prior to the board’s May retreat. This year, the board is not having its retreat in May, but will use one day of the June meeting for that purpose.

What is much more clear is that confirmation of appointments can come later and would not have to be added to the special session - indeed, should not clutter a special session.

Gross says,

Some past appointees have gone through the confirmation process months after their initial appointments. They do not have to be confirmed by the legislative bodies in the “current” session, but can go through the process at the next seating of the General Assembly.

That has occurred recently, and I think, regularly.

But what if the governor does not appoint new members by the June meeting? By my reckoning, there would only be four members qualified to meet and serve.

Gross says that if that comes to pass, the KDE general counsel "will work with the governor’s general counsel to determine the best course of action."

But for Joe Brothers, C.B. Akins, Kaye Baird, Jeanne Huber Ferguson, Austin W. Moss, Judy H. Gibbons and Doug Hubbard, perhaps this is the time to say, "Thanks for your service."

Beshear to Appoint New Board Members to Implement Senate Bill 1

Over at Dr H's Blog, Education Commissioner Terry Holliday reminds us that Governor Steve Beshear will soon replace as many as seven members of the Kentucky Board of Education.

Those whose terms expired on the 14th of this month (and who typically serve until replaced) are: Chairman Joe Brothers, Vice Chair C.B. Akins and members Kaye Baird, Jeanne Huber Ferguson, Austin W. Moss, Judy H. Gibbons and Doug Hubbard.

That leaves Vice Chair Dorie Combs, Billy Harper, Brigitte B. Ramsey and David K. Karem whose terms expire 4/14/2012.

The new board will have the task of implementing Senate Bill 1 which calls for a new accountability system, internationally benchmarked standards, formative and diagnostic assessments, and thankfully, student growth measures.

Vision for Education Reform in Kentucky

The Commish says,

I have started the process of engaging all advisory councils in the dialogue concerning a new accountability system and strategic plan for the Kentucky Board of Education. The board will hold a strategic retreat prior to its June meeting... The key to our success in transforming education in Kentucky will reside in our ability to focus on a few goals with a few strategies that are done with precision and fidelity. These few goals will focus on the vision of every child proficient and prepared for success.

This vision will be measured by indicators of proficiency, growth and closing gaps among student groups.

Proficiency will be measured by the cohort graduation rate and our comparative position among states.

Growth will be measured by the increases in our annual percentage of high school graduates who are prepared for college and career as compared against other states.

Closing gaps will be measured by the decreases in gaps for the graduation and readiness rates among student groups in Kentucky as compared against other states.

Holliday sees the National Assessment of Educational Progress (NAEP) along with the Educational Planning and Assessment System (EPAS) system as the "ultimate measures" of Proficiency, Growth and Gap rates.

The NAEP is the only nationally representative longitudinal assessment of what America's students know and can do in various subject areas. Assessments are conducted periodically in mathematics, reading, science, writing, the arts, civics, economics, geography, and U.S. history.
Since NAEP assessments are administered uniformly using the same sets of test booklets across the nation, NAEP results serve as a common metric for all states and selected urban districts. The NAEP has been used to show how some states lowered their own standards under the pressure of NCLB's current accountability model; a model Education Secretary Arne Duncan says he wants to change.

The EPAS system is required in Kentucky but does not enjoy NAEP's nearly universal acceptance due to its contrived set of benchmarks. Testing experts, like Skip Kifer, say the Hierarchical Linear Modeling EPAS uses is statistically indefensible and creates flawed benckmarks because it ignores institutions. Students are part of institutions and should be modeled that way.

Holliday's strategic priorities are based on federal guidance provided by Race to the Top, State Fiscal Stabilization Funds, the proposed plans for the reauthorization of Elementary and Secondary Education Act (NCLB), SB 1, SB 168, SB 130 and other state statutes.

The new lingo is:

• Next Generation Learners
• Next Generation Professionals
• Next Generation Support Systems
• Next Generation Schools and Districts

In addition, Governor Steve Beshear has appointed a Transforming Education in Kentucky (TEK) Task Force which is scheduled to make recommendations for the 2011 legislative session.

Holliday has called for comments and suggestions from the public and the alphabet groups. The TEK Task Force will conduct community forums and focus groups in August to gather input.

KBE Action on Testing & Corbin/Knox Conflict

At its regular meeting on Tuesday, the Kentucky Board of Education took action and heard presentations on a number of items.

The board approved a plan extending the testing window for spring statewide testing, enabling school districts to recover instructional days lost to illness outbreaks and inclement weather. Under the extension, districts may choose among four Kentucky Core Content Test (KCCT) testing window options: April 19-30; April 26-May 7; May 3-14; and May 10-21. Kentucky has been granted a waiver from the U.S. Department of Education to delay public reporting of test results and to waive the federally required 14-day notice to school districts of the public choice option and notice of school choice under the No Child Left Behind (NCLB) Act.

The board agreed to amend Education Commissioner Terry Holliday’s decision related to the lack of a nonresident student agreement between the Corbin Independent and Knox County school districts. In March, Holliday issued a decision pursuant to KRS 157.350 (4), which provides for the appeal of nonresident student agreements between districts. That decision was appealed to the Kentucky Board of Education by the Corbin Board of Education.
The amendment to the decision would enable the siblings of current nonresident students enrolled in Corbin Independent from Knox County to also enroll as nonresidents in the 2010-11 school year. Holliday’s original decision indicated that:

1. The 2010-11 nonresident student agreement between the Corbin Independent and Knox County school districts shall include all of those nonresident students currently attending either district pursuant to the 2009-10 nonresident student agreement between the districts. No additional nonresident students shall be enrolled under the nonresident contract (with SEEK funds allocated for the students) by either district for the 2010-11 school year. Nonresident students not currently enrolled in either district may be enrolled in the nonresident district if the receiving district agrees and if established tuition payments are enforced by the receiving district.

2. The superintendents of both districts and the chairs and vice-chairs of both respective boards of education shall participate in a formal mediation of this issue in preparation for the 2011-12 nonresident student agreement. The costs of the mediation shall be equally shared by each school district. The parties shall mutually agree and select a mediator from a list of mediators attached to this letter. The mediators on the list have been selected based upon the following:
1) listing on the Administrative Office of the Courts Mediator Roster
2) status as a retired/former judge in the Commonwealth
3) residence in an area other than that of the vicinity of Corbin/Knox County, Kentucky

The initial mediation shall occur on or before September 1, 2010.

The board approved the Statements of Commitment required for Kentucky to join the Partnership for Next Generation Learning (NxGL Partnership) and committed to supporting the P20 Innovation Labs of the University of Kentucky and Western Kentucky University.
The board voted to proceed with the removal of Breathitt County Board of Education member Kelly Noble as provided in KRS 156.132 and based on the findings of the Transportation Cabinet’s inspector general.

The board took the following actions:
· gave final approval to 704 KAR 3:540, the state regulation that requires the use of uniform academic course codes
· reappointed Denishia Martin, a teacher at Warren County High School, to the State Textbook Commission
· appointed Natalie Bolton, director of the Office of Civic Education and Engagement in the University of Louisville’s College of Education and Human Development
· granted a waiver of state regulation 704 KAR 3:345 (Evaluation Guidelines) for evaluation pilot districts during the 2010-11 school year
· approved district facility plans for Green, Hart and Logan County
· approved district facility plan amendments for Clay County and Cloverport Independent
· approved 2009-10 local district working budgets
· approved the 2009 Report, 2009 Exceptions and 2010 Plan for 702 KAR 1:115, Annual In-Service Training of district board members

The board heard presentations on a variety of items:
· state regulation 704 KAR 3:303, Required Core Academic Standards
· 2010 elementary and secondary legislation
· expansion of schools participating in AdvanceKentucky
· Unified College and Career Readiness Plan
· Senate Bill 1 (2009) work
· state regulation 702 KAR 5:110, Reimbursement for vocational pupils

The Kentucky Board of Education’s next regular meeting is scheduled for June 9 and 10 in Frankfort.

Districts officially may delay this month’s testing into late May

This from KSBA:

State board of ed acts

after plan given green light by feds

With an official OK from the U.S. Department of Education, the Kentucky Board of Education Tuesday formally expanded this year’s state assessment testing window to allow districts to get in more instructional days and make up for time lost due to weather and flu-related closings.

The state board unanimously approved giving all school districts a choice of four testing windows: April 19-30, April 26-May 7, May 3-14 or May 10-21. According to
Department of Education Deputy Commissioner Larry Stinson, all districts may choose to delay testing from the original testing start next week, regardless of
whether they have lost days this year...

Holliday's Full-court Press for Charters

This from Brad Hughes at KSBA:

KBE to legislature:
pass charter and budget bills,
raise attendance age

Decision on fate of charter bill
could come later today

At the request of Education Commissioner Terry Holliday, the Kentucky Board of Education voted Tuesday morning to send a “strong letter of support” to all legislators urging passage of a state budget, House Bill 109 (which includes charter school language) and House Bill 301 (raising the mandatory school attendance age to 18 by 2015).

The move comes as the General Assembly returns Wednesday for its final two days of the 2010 session, and as Holliday is shuttling back and forth between education groups and legislative leaders trying to get consideration of the charter school bill to boost Kentucky’s chances for millions in federal Race to the Top funding.

“I’m not an advocate for charter schools, you know that,” Holliday told the state board. “Nobody is a strong supporter for charter schools because we think would could do all of this (what is expected under Race to the Top school improvement mandates) without charters, but we couldn’t convince the U.S. Department of Education.

“I told KSBA the only way I would support charter schools is that if local boards were the authorizing agent. Under (HB 109), the only way charter schools could be created is by local boards,” he said.

Holliday said HB 109 has been amended after discussions with various education groups and will still be tweaked before – and if – its gets legislative consideration....

The Kentucky Board of Education To Meet

The Kentucky Board of Education will meet Tuesday, April 13, in the State Board Room on the first floor of the Capital Plaza Tower in Frankfort.

The board’s Audit/Budget Committee will meet at 8 a.m. The board will meet in full session at 8:45 a.m. The board’s Curriculum, Instruction and Assessment Committee and Management Committee will meet in the afternoon. The full board will reconvene after the committee meetings.

The board also will review an appeal from the Corbin Independent Board of Education and a cross-appeal from the Knox County Board of Education, both related to a dispute of a nonresident student agreement between the districts. That review will begin at 5 p.m.

Agenda items include consideration of extending the state testing window for public schools, an expansion of the AdvanceKY program and updates on the Core Academic Standards and work around 2009’s Senate Bill 1.

A full agenda follows. See supporting materials for the meeting here.

KENTUCKY BOARD OF EDUCATION
APRIL 13, 2010
STATE BOARD ROOM
FIRST FLOOR, CAPITAL PLAZA TOWER
FRANKFORT, KENTUCKY

Tuesday, April 13, 2010
COMMITTEE MEETING
STATE BOARD ROOM
8 a.m. (EDT)

I. KBE Audit/Budget Committee
A. Review Items
1. 2010-2012 Biennial Budget Process Update for the KBE Audit Committee

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM
8:45 a.m. (EDT)

II. Call to Order
III. Roll Call
IV. Approval of minutes from the February 10, 2010, regular meeting and the February 10, 2010 KBE, CPE and EPSB Joint Meeting
V. Introduction of new KDE employees and KDE Team Members of the Month by the Commissioner of Education
VI. Report of the Secretary of the Education and Workforce Development Cabinet (Questions on written report)
VII. Report of the President of the Council on Postsecondary Education (Questions on written report)
VIII. Report of the Executive Director of the Education Professional Standards Board (Questions on written report)
IX. Report of the Commissioner of Education (Questions on written report)
X. Good News Items
XI. Public Comment Segment (To speak, complete sign-up sheet prior to start of meeting; limit is three minutes per speaker with maximum of 30 minutes total for this segment.)
XII. Full Board Items
A. Standards and assessment
1. Consideration of Extend the Testing Window for Spring 2010 – Commissioner Terry Holliday, Deputy Commissioner Larry Stinson and Associate Commissioner Ken Draut; 15-minute presentation/discussion
2. 2010 Elementary and secondary legislation – Deputy Commissioner Ruth Webb and Legislative Liaison Frank Rasche; 15-minute presentation/discussion
3. Update on 704 KAR 3:303, Required Core Academic Standards - Deputy Commissioner Larry Stinson and Associate Commissioner Felicia Smith; 15-minute presentation/discussion
4. 704 KAR 3:540, Uniform Academic Course Codes (Final) – Deputy Commissioner Larry Stinson and Associate Commissioner Felicia Smith; 15-minute presentation/discussion
B. General items
1. Partnership for 21st Century Skills– Deputy Commissioner Ruth Webb and Ken Kay, Partnership for 21st Century Skills; 45-minute presentation/15-minute discussion
2. Hearing Officer’s Report – General Counsel Kevin Brown; 10-minute presentation/discussion
a. Report on status of regulations
b. Consideration of the removal of a local board member

RECOGNITION OF BOARD MEMBERS’ SERVICE
STATE BOARD ROOM
11:50 a.m. (EDT)

LUNCH
FIRST FLOOR CONFERENCE ROOM
12 noon (EDT)


BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM
12:45 p.m. (EDT)

XII. Full Board Items (Cont’d)
A. General items (Cont’d)
3. Expansion of Schools Participating in AdvanceKY – Deputy Commissioner Larry Stinson; Joanne Lang, Executive Director of AdvanceKY; John Winn, Chief Program Officer, National Math and Science Initiative; Dale Fleury, Regional Director, National Math and Science Initiative; and Kris Kimel, President, Kentucky Science & Technology Corporation; 20-minute presentation/10-minute discussion
4. P20 Innovation Labs and Partnership for Next Generation Learning – Deputy Commissioner Ruth Webb; Dean of Education Mary John O’Hair, University of Kentucky; and Linda Pittenger, Associate of the Council of Chief State School Officers; 45-minute presentation/15-minute discussion
5. Unified College and Career Readiness Plan – Deputy Commissioner Larry Stinson and Associate Commissioner Felicia Smith; 20-minute presentation/discussion
6. Senate Bill 1 (2009) Update – Deputy Commissioner Larry Stinson, Associate Commissioner Ken Draut and Associate Commissioner Felicia Smith; 10-minute presentation/discussion

COMMITTEE MEETINGS
STATE BOARD ROOM

XIII. Curriculum, Instruction and Assessment Committee Meeting
A. Action/Consent Item
1. Appointments to the State Textbook Commission
B. Action/Discussion Item
1 Request for waiver of 704 KAR 3:345, Evaluation Guidelines, for evaluation pilot districts during 2010-2011
XIV. Management Committee Meeting
A. Action/Consent Items
1. District Facility Plans: Green, Hart and Logan County School Districts
2. District Facility Plan Amendments: Clay County and Cloverport Independent School Districts
3. 2009-10 Local District Working Budgets
B. Action/Discussion Items
1. 2009 Report, 2009 Exceptions, and 2010 Plan for 702 KAR 1:115, Annual In-Service Training of district board members
2. 702 KAR 3:246, School council allocation formula; KETS District Administrative System Chart of Accounts (Final)
C. Review Items
1. 702 KAR 5:110, Vocational Pupils, reimbursement for

BUSINESS SESSION - FULL BOARD
STATE BOARD ROOM

XV. Approval of Action/Consent Agenda Items (approved as a block of items)
A. District facility plans
B. District facility plan amendments
C. Local district working budgets
D. Appointment of Textbook Commission Members
XVI. Report of the Curriculum, Instruction and Assessment Committee on Action/Discussion Items
XVII. Report of the Management Committee on Action/Discussion Items
XVIII. Board Member Sharing
XIX. Information Items (Questions only)
A. KDE Employment Report
XX. Internal Board Business
XXI. Litigation Report

APPEAL REVIEW
STATE BOARD ROOM
5 p.m. (EDT) (Approximate start time)

XXII. Corbin Independent Board of Education Appeal and Knox County Board of Education Cross-Appeal Regarding the Dispute of the Nonresident Student Agreement between the Districts Pursuant to KRS 157.350 (4)
A. Overview of nonresident student appeal process – Chair Joe Brothers and Kevin C. Brown, General Counsel (5 minutes)
B. Oral presentations by each district board of education’s representative (30 minutes total; 15 minutes per district board of education’s representative)
C. Question and answer period for Kentucky Board of Education (KBE) members (20 minutes)
D. Deliberation by the KBE (30 minutes)
E. Consideration of motion to approve or amend the Commissioner’s decision pursuant to KRS 157.350 (4)(d)
XXIII. Adjournment