RELATES TO:
KRS
156.070,
158.070,
158.6451,
158.6453,
158.792
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.070(4) authorizes the
Kentucky Board of Education to promulgate administrative regulations necessary
for the efficient management, control, and operation of the schools and
programs under its jurisdiction.
KRS
158.070(8) requires schools
to provide continuing education for students who need additional instructional
time to achieve the outcomes defined in
KRS
158.6451.
KRS
158.070(8) requires the
Kentucky Board of Education to promulgate administrative regulations
establishing criteria for the allotment of grants to local school districts to
provide these services and for waivers to deliver those services during the
regular school day. This administrative regulation establishes requirements for
extended school services.
Section 1.
Definitions.
(1) "At-risk students" or
"At-risk" is defined in
KRS
157.360(2)(a).
(2) "Average daily attendance" or "ADA" is
defined by
KRS
157.320(1).
(3) "Diagnostic assessment" means an
assessment that is used to identify gaps in student learning in specific
content areas.
(4) "Extended school
services" or "ESS" means instructional and support services provided:
(a) By school districts for students who are
unlikely to achieve proficiency, transition to the next level of learning
successfully, or be able to meet the academic expectations in
KRS
158.6451 without additional time or
differentiated opportunity to learn;
(b) At times separate from the regular school
day, regular school week, or the minimum school term, unless a district's
request for a waiver meets the criteria established in Section 7 of this
administrative regulation and has been approved by the commissioner;
and
(c) As interventions included
in the student's intervention plan, to ensure that the student remains in
school and is on track to meet goals for postsecondary education and career
after high school.
(5)
"Formative assessment" is defined by
KRS
158.6453(1)(e).
(6) "Individual learning plan" or "ILP" means
a comprehensive framework for advising students in grades 6 through 12 to
engage in coursework and activities that will best prepare them to both realize
college and career success and become contributing members of their
communities.
(7) "Interim
assessments" is defined by
KRS
158.6453(1)(f).
(8) "Student intervention plan" means a plan
written to identify the specific intervention goals for a student and used to
track student progress on those goals.
(9) "Summative assessment" is defined by
KRS
158.6453(1)(g).
(10) "Support services" means services that
provide technical, administrative, and logistical support to facilitate and
enhance instruction and that:
(a) Are
provided to enable the student to realize the benefits of the instructional
program; and
(b) Include services,
such as transportation, instructional materials or supplies, student snacks,
school-based counseling, community-based mentoring, academic advising, parent
training for follow through, or referrals for social, health, or financial
assistance through appropriate service agencies.
Section 2. Instructional Program.
(1) The major emphases of extended school
services shall be to provide additional time and differentiated opportunity to
learn in a program in which rigorous academic and enrichment content are
aligned with individual student needs to improve the present level of
performance in one (1) or more content areas. Priority for ESS services shall
be placed on designing and delivering services to students at academic risk
with the specific objective that students are able to:
(a) Progress from grade to grade with their
cohort;
(b) Exit elementary school
ready to meet academic expectations at the middle school level;
(c) Exit middle school ready to meet academic
expectations at the high school level; and
(d) Exit high school ready to meet academic
expectations at the postsecondary education level and in the workplace, with an
emphasis on literacy and mathematics.
(2) The extended school services provided to
a student shall be planned, documented, and evaluated through the student
intervention plan. The instructional program for extended school services shall
include:
(a) Diagnostic assessments to
determine areas of highest academic need of the individual student;
(b) Development of goals, in consultation
with classroom teachers, parents, and students, for eliminating the identified
academic need, including timelines and specific measurable outcomes;
(c) Formative and summative assessments to
facilitate student progress and to determine if the student has achieved the
learning goals of the student's intervention plan;
(d) Instructional strategies that are
differentiated and that do not replicate practices that have proven to be
ineffective for the student in the traditional classroom;
(e) A plan for collaboration and consistent
use of interventions among the teachers supporting the student in core academic
classes and those providing supports through extended school
services;
(f) Counseling and
academic advising to remove barriers to achievement; and
(g) Regular communication with the parent or
guardian.
(3) The
instructional program may utilize a variety of scheduling models including:
(a) Programs operated during the regular
school day as provided in Section 7 of this administrative
regulation;
(b) Extended day
programs which are scheduled at any time outside of the regular school
day;
(c) Night programs;
(d) Saturday programs;
(e) Summer programs; or
(f) Flexible school calendars which allow
eligible students to attend school for a longer period of time than other
students.
(4) The
district's comprehensive school improvement plan shall include opportunities to
collaborate with businesses, colleges, and community organizations to provide
services and advising in off-campus locations as part of or aligned with the
extended school services programs.
(5) Extended school services programs shall
not supplant instructional time of the regular school program but shall extend
time and provide differentiated opportunity to learn in a specific area of
academic need.
(6) Certified staff,
including administrators, teachers, and advisors, shall collaborate to plan,
deliver, and evaluate extended school services instruction and supports as part
of a student's intervention plan.
(7) Teachers providing instruction in
extended school programs shall meet the same professional qualifications as
teachers who are employed in the regular school program.
(8) Teachers providing instruction in
extended school programs shall be provided with professional development on
effective instructional strategies for meeting the needs of at-risk students
and the use of formative assessment strategies to monitor progress.
(9) Certified staff shall supervise
noncertified tutors.
(10) Extended
school services shall be provided to eligible students who are in the first
year of the primary school program through grade 12. Students shall be eligible
to receive these services until they graduate from grade 12 or reach twenty-one
(21) years of age, whichever comes first.
Section 3. Student Selection.
(1) Each school district shall select pupils
who need additional instructional time or differentiated opportunity to learn
as described in Section 2(1) of this administrative regulation. A student shall
not be selected or assigned to receive extended school services for
disciplinary purposes or for any kind of in-school suspension.
(2) Within its scope of authority, a local
board of education may mandate the participation of eligible students in
extended school services through the adoption of a written policy, which shall
describe all conditions under which attendance will be required and shall
provide a description of any exceptions permissible under the policy.
(3) The policy for attendance in extended
school services shall include:
(a)
Identification of the learning goals and benchmarks that, if achieved, indicate
that the student may exit the extended school services program;
(b) The conditions under which a student's
absence may be considered excused or unexcused; and
(c) The arrangements for transporting the
students mandated to attend an ESS program.
(4) If requested by the Kentucky Department
of Education, the local school board shall provide notice of the policy in the
district's annual extended school services program report, which is submitted
at the same time as the district's comprehensive school improvement
plan.
(5) One (1) or more of the
following shall be used to determine which students shall be eligible for and
in greatest need of extended school services:
(a) Teacher recommendation;
(b) Academic performance data, including
diagnostic, formative, interim, or summative assessments; or
(c) Student performance on high school,
college, or workforce readiness assessments required by
KRS
158.6459.
(6) Local school boards shall approve and
disseminate procedures whereby students who have a greater need as determined
by the eligibility criteria shall be referred and selected first to receive
extended school services. These procedures shall not exclude students who have
greater academic need from referral or selection for extended school services
due to the inability of the parent or student to provide
transportation.
(7) A local school
district shall solicit input from parents and the community to identify
potential barriers to participation. Identified barriers shall be addressed
through engagement with community partners or through use of off-campus
locations of after school, weekend, or evening ESS programs.
(8) Schools shall inform parents and
guardians of extended school services including:
(a) The rationale for offering extended
school services, including data about educational achievement and future
earnings, opportunities for postsecondary education and training, and
consequences of failure to obtain a high school diploma;
(b) A specific notification to parents or
guardians of their child's eligibility to be assigned to extended school
services, including the manner in which a personalized student intervention
plan and goals will be included as part of the student's individual learning
plan to help ensure that the student is able to achieve the student's academic
and career goals; and
(c) Written
procedures for parents or guardians to request reconsideration of their child's
eligibility for extended school services.
Section 4. Funding.
(1) Each school district shall be eligible to
receive a grant award from available funds to provide extended school services.
Available funds shall be the amount of the total appropriation less two (2)
percent for state administrative costs.
(2) The commissioner shall distribute the
available funds as follows:
(a) One-third
(1/3) of the available funds shall be distributed based on the most recent
average daily attendance (ADA);
(b)
One-third (1/3) of the available funds shall be distributed based on the most
recent percentage of at-risk students; and
(c) One-third (1/3) of the available funds
shall be distributed based on the combined reading and mathematics novice
percentage (RMN) as determined by the most recent state assessment.
(3) The funds to be distributed
based on ADA shall be allocated to districts as follows:
(a) Determine the percentage each district
shall receive for ADA by dividing the district's ADA by the total ADA of all
districts in the state.
(b) The
amount the district shall receive shall equal the resulting percentage
multiplied by the total funds to be distributed based on ADA.
(4) The funds to be distributed
based on at-risk shall be allocated to districts as follows:
(a) Determine each district's at-risk
proportion by multiplying its at-risk percentage by its ADA.
(b) The state total at-risk shall be the sum
of the at-risk proportions of all districts in the state.
(c) Determine the percentage each district
shall receive for at-risk by dividing the district's at-risk proportion by the
state total at-risk.
(d) The amount
the district shall receive shall equal the resulting percentage multiplied by
the total funds to be distributed based on at-risk.
(5) The funds to be distributed based on RMN
shall be allocated to districts as follows:
(a) Determine each district's RMN proportion
by multiplying its RMN percentage by its ADA.
(b) The state total RMN shall be the sum of
the RMN proportions of all districts in the state.
(c) Determine the percentage each district
shall receive for RMN by dividing the district's RMN proportion by the state
total RMN.
(d) The amount the
district shall receive shall equal the resulting percentage multiplied by the
total funds to be distributed based on RMN.
(6) Sum the district's portions for ADA,
at-risk, and RMN to determine the district's total ESS allocation.
(7) To ensure the opportunity for all school
districts to provide extended school services, no school district shall receive
a grant of less than $15,000.
(8)
Grant awards shall be made to each school district upon approval by the
commissioner of an application described in Section 5 of this administrative
regulation. Regular grant funds shall be available for use by districts for
fifteen (15) months through September 30 of the last year of the grant period.
All services shall be delivered by September 30 of the last year of the grant
period and all expenditures shall be paid for extended school services by
December 30 of the last year of the grant period.
(9)
(a)
Funds received for extended school services shall be expended for instructional
and support services necessary to provide an effective program.
(b) Support services shall include salaries
of personnel.
(c) Transportation
and staff development related to the provision of extended school services
shall be considered permissible support services.
(d) Funds for extended school services shall
not be used for capital outlay or indirect costs.
(e) School districts shall be authorized to
enter contractual agreements if needed to provide comprehensive extended school
service programs.
(f) Funds may be
expended for instructional materials and supplies if a need is demonstrated and
the district does not have the supplies and materials otherwise
available.
(g) A portion of the
funds may be used for administrative costs, which shall not exceed five (5)
percent of the district's allocation.
(h) Students shall not receive monetary
compensation to attend the extended school services program.
(i) School districts shall maintain on file
the written criteria for the selection of personnel employed in extended school
services and shall ensure staffing decisions are made to best meet the needs of
students.
(10) Financial
records for extended school services shall be maintained by each school
district and shall be submitted to the Department of Education via the state
technology system.
Section
5. Requesting Funds.
(1) A
request for the use of extended school services funds shall be submitted as
part of the district's comprehensive improvement plan.
(2)
(a)
District applications for funds shall be approved by the commissioner prior to
the encumbrance or expenditure of funds for extended school services by any
school district, including the contracting of personnel for extended school
services.
(b) Approval of programs
as described in each district's comprehensive improvement plan, required
program reports, and request for a waiver for alternative service delivery
shall be based on this administrative regulation and
KRS
158.070.
Section 6. Program Evaluation. For the
purpose of program evaluation, the Kentucky Department of Education shall
collect in the student information system the following data for all schools:
(1) Number of students receiving extended
school services;
(2) Content areas
where services received;
(3) Hours
of service provided;
(4)
Demographic data for students receiving extended school services; and
(5) Student improvement as a result of
extended school services.
Section
7. Waiver for Alternative Service Delivery.
(1) The commissioner may consider a request
for a waiver to operate an extended school services program during the school
day or to use an alternative delivery format. A request for a waiver shall
include:
(a) A rationale describing why a
program during the school day or an alternative daytime program is
needed;
(b) A description of the
instructional program that meets the criteria established in Section 2 of this
administrative regulation;
(c) A
description of the student selection process that meets the criteria in
Sections 2 and 3 of this administrative regulation; and
(d) A detailed and accurate budget that
includes correct financial codes, which establishes that an employee
compensated with extended school services funds is delivering extended school
services during the time for which the employee is being compensated with
extended school services funds.
(2) For the purpose of program evaluation,
the Kentucky Department of Education shall collect the following additional
data from schools receiving a school day or an alternative program waiver:
(a) Evaluation and evaluative data as
approved in the waiver application; and
(b) Data relative to the effectiveness of the
extended school service program, including:
1.
Pre- and post-student qualitative and quantitative performance data;
2. Student attendance at extended school
services; and
3. Promotion and
graduation data.