KRS 158.6453: Definitions for section -- Review of academic standards and assessments -

- Revisions to academic standards -- Review committees -- Advisory panels --

Standards and assessments process review committee -- Administrative

regulations -- Information and training -- Statewide assessment program --

Academic components -- Student assessments -- College admissions

examination -- School report card -- Individual student report -- Writing

program -- School profile report -- Advanced coursework or accelerat ed

learning district plan.

(1) As used in this section:

(a) "Accelerated learning" means an organized way of helping students meet

individual academic goals by providing direct instruction to eliminate student

performance deficien cies or enable students to move more quickly through

course requirements and pursue higher level skill development;

(b) "Advanced coursework" means educational programs or opportunities

designed to challenge students with more rigorous content beyond the

standard curriculum, including but not limited to advanced placement,

International Baccalaureate, and honors courses;

(c) "Constructed-response items" or "performance-based items" means individual

test items that require the student to create an answer rat her than select a

response and may include fill -in-the-blank, short -answer, extended -answer,

open-response, and writing-on-demand formats;

(d) "Criterion-referenced test" means a test that is aligned with defined academic

content standards and measures an individual student's level of performance

against the standards;

(e) "Formative assessment" means a process used by teachers and students during

instruction to adjust ongoing teaching and learning to improve students'

achievement of intended instructional outcomes. Formative assessments may

include the use of commercial assessments, curriculum -embedded

assessments, classroom observations, teacher-designed assessments, and other

processes and assignments to gain information about individual student

learning that reflects developmentally appropriate grade-level performance;

(f) "Interim assessments" means assessments that are given periodically

throughout the year to provide diagnostic information and to show individual

student performance against content standards;

(g) "Summative assessment" means an assessment given at the end of the school

year, semester, or other period of time to evaluate students' performance

against academic standards within a unit of instruction or a course; and

(h) "Writing" means a pu rposeful act of thinking and expression that uses

language to explore ideas and communicate meaning to others. Writing is a

complex, multifaceted act of communication and is distinct from basic

handwriting or penmanship.

(2) (a) Every six (6) years, the Kentucky Department of Education shall implement a

process for reviewing Kentucky's academic standards and the alignment of

corresponding assessments for possible revision or replacement to ensure

alignment with transition readiness standards necessary for g lobal

competitiveness, state career and technical education standards, and KRS

158.196.

(b) The revisions to the academic standards shall:

1. Focus on critical knowledge, skills, and capacities needed for success in

the global economy;

2. Result in fewer but more in -depth standards to facilitate mastery

learning;

3. Communicate expectations more clearly and concisely to teachers,

parents, students, and citizens;

4. Be based on evidence-based research;

5. Consider international benchmarks; and

6. Ensure that the standards are aligned from elementary to high school to

postsecondary education so that students can be successful at each

education level.

(c) 1. The department shall establish four (4) standards and assessments

review committees, with each committee composed of a minimum of six

(6) Kentucky public school teachers and a minimum of two (2)

representatives from Kentucky institutions of higher education,

including a t least one (1) representative from a public institution of

higher education. Each committee member shall teach in the subject

area that his or her committee is assigned to review and have no prior or

current affiliation with a curriculum or assessment resources vendor.

2. One (1) of the four (4) committees shall be assigned to focus on the

review of reading and writing academic standards and corresponding

assessments in reading, one (1) on the review of mathematics academic

standards and assessments, one ( 1) on the review of science academic

standards and assessments, and one (1) on the review of social studies

academic standards and assessments.

(d) 1. The department shall establish twelve (12) advisory panels to advise and

assist each of the four (4) standards and assessments review committees.

2. Three (3) advisory panels shall be assigned to each standards and

assessments review committee. One (1) panel shall review the standards

and assessments for kindergarten through grade five (5), one (1) shall

review the standards and assessments for grades six (6) through eight

(8), and one (1) shall review the standards and assessments for grades

nine (9) through twelve (12).

3. Each advisory panel shall be composed of at least one (1) representative

from a Kentuc ky institution of higher education and a minimum of six

(6) Kentucky public school teachers who teach in the grade level and

subject reviewed by the advisory panel to which they are assigned and

have no prior or current affiliation with a curriculum or ass essment

resources vendor.

(e) The commissioner of education and the president of the Council on

Postsecondary Education shall also provide consultants for the standards and

assessments review committees and the advisory panels who are business and

industry professionals actively engaged in career fields that depend on the

various content areas.

(f) 1. The standards and assessments process review committee is hereby

established and shall be composed of the commissioner of education or

designee as a nonvoting member and nine (9) voting representatives of

public schools, of whom at least two (2) shall be parents of public

school students, appointed by the Governor and confirmed by the Senate

in accordance with KRS 11.160 as follows:

a. One (1) language arts teacher;

b. One (1) math teacher;

c. One (1) science teacher;

d. One (1) social studies teacher;

e. Two (2) school principals;

f. Two (2) school superintendents; and

g. One (1) school board member.

2. On making appointments to the committee, the Governor shal l ensure

broad geographical urban and rural representation and representation of

elementary, middle, and high school levels; ensure equal representation

of the two (2) sexes, inasmuch as possible; and ensure that appointments

reflect the minority racial composition of the Commonwealth.

3. The review of the committee shall be limited to the procedural aspects

of the review process undertaken prior to its consideration.

4. Notwithstanding KRS 12.028, the committee shall not be subject to

reorganization by the Governor.

(g) 1. The review process implemented under this subsection shall be an open,

transparent p rocess that allows all Kentuckians an opportunity to

participate. The department shall ensure the public's assistance in

reviewing and suggesting changes to the standards and alignment

adjustments to corresponding state assessments by establishing a

website dedicated to collecting comments by the public and educators.

An independent third party, which has no prior or current affiliation with

a curriculum or assessment resources vendor, shall be selected by the

department to collect and transmit the comments to the department for

dissemination to the appropriate advisory panel for review and

consideration.

2. Each advisory panel shall review the standards and assessments for its

assigned subject matter and grade level and the suggestions made by the

public and educators. After completing its review, each advisory panel

shall make recommendations for changes to the standards and alignment

adjustments for assessments to the appropriate standards and

assessments review committee.

3. Each standards and assessments review committee shall review the

findings and make recommendations to revise or replace existing

standards and to adjust alignment of assessments.

4. The recommendations shall be published on the website established in

this subsection for the purpose of gathering additional feedback from the

public. The commissioner shall subsequently present the

recommendations and the public feedback to the Interim Joint

Committee on Education.

5. The commissioner shall subsequently provide a report to the standards

and assessments process review committee summarizing the process

conducted under this subsection and the resulting recommendations. The

report shall include but not be limited to the timeline of the review

process, public feedback, and responses from the Inte rim Joint

Committee on Education.

6. After receiving the commissioner's report, the standards and assessments

process review committee shall either concur that stakeholders have had

adequate opportunity to provide input on standards and the

corresponding alignment of state assessments or find the input process

deficient. If the process is found deficient, the recommendations may be

returned to the appropriate standards and assessments review committee

for review as described in subparagraph 3. of this parag raph. If the

process is found sufficient, the recommendations shall be forwarded

without amendment to the Kentucky Board of Education.

(h) The Kentucky Board of Education shall promulgate administrative regulations

in accordance with KRS Chapter 13A as may be needed for the administration

of the review process, including staggering the timing and sequence of the

review process by subject area and remuneration of the review committees

and advisory panels described in paragraphs (c) and (d) of this subsection.

(i) 1. The Kentucky Board of Education shall consider for approval the

revisions to academic standards for a content area and the alignment of

the corresponding state assessment once recommendations are received

from the standards and assessments process review committee. Existing

state academic standards shall remain in place until the board approves

new standards.

2. Any revision to, or replacement of, the academic standards and

assessments as a result of the review process conducted under this

subsection shall be implemented in Kentucky public schools no later

than the second academic year following the review process. Existing

academic standards shall be used until new standards are implemented.

3. The Department of Education shall disseminate the acad emic standards

to the schools and teacher preparation programs.

(j) The Department of Education shall provide or facilitate statewide training

sessions for existing teachers and administrators on how to:

1. Integrate the revised academic standards into classroom instruction;

2. Better integrate performance assessment of students within their

instructional practices; and

3. Help all students use higher-order thinking and communication skills.

(k) The Education Professional Standards Board in cooperation with the

Kentucky Board of Education and the Council on Postsecondary Education

shall coordinate information and training sessions for faculty and staff in all of

the teacher preparation programs in the use of the revised academic standards.

The Education Prof essional Standards Board shall ensure that each teacher

preparation program includes use of the academic standards in the pre -service

education programs and that all teacher interns will have experience planning

classroom instruction based on the revised standards.

(l) The Council on Postsecondary Education in cooperation with the Kentucky

Department of Education and the postsecondary education institutions in the

state shall coordinate information sessions regarding the academic standards

for faculty who teach in the various content areas.

(m) The Education Professional Standards Board shall, as a condition of program

approval, require teacher preparation programs to align curriculum with the

expectations set forth in the state's academic standards.

(3) (a) The Kentucky Board of Education shall be responsible for creating and

implementing a balanced statewide assessment program that measures the

students', schools', and districts' achievement of the goals set forth in KRS

158.645 and 158.6451, to ensure comp liance with the federal Every Student

Succeeds Act of 2015, Pub. L. No. 114 -95, or its successor, and to ensure

school accountability.

(b) The board shall revise the annual statewide assessment program as needed in

accordance with revised academic standard s and corresponding assessment

alignment adjustments approved by the board under subsection (2) of this

section.

(c) The statewide assessments shall not include any academic standards not

approved by the board under subsection (2) of this section.

(d) The board shall seek the advice of the Office of Education Accountability; the

School Curriculum, Assessment, and Accountability Council; the Education

Assessment and Accountability Review Subcommittee, and the department's

technical advisory committee in the development of the assessment program.

The statewide assessment program shall not include measurement of a

student's ability to become a self -sufficient individual or to become a

responsible member of a family, work group, or community.

(4) (a) The academi c components of the statewide assessment program shall be

composed of annual student summative tests, which may include a

combination of multiple competency -based assessment and performance

measures approved by the Kentucky Board of Education.

(b) The annual student summative tests shall:

1. Measure individual student achievement in reading, mathematics,

science, and social studies at designated grades;

2. Provide teachers and parents a valid and reliable comprehensive analysis

of skills mastered by individual students;

3. Provide diagnostic information that identifies strengths and academic

deficiencies of individual students in the content areas;

4. Provide information to teachers that can enable them to improve

instruction for current and future students;

5. Provide longitudinal profiles for students; and

6. Ensure school and district accountability for student achievement of the

goals set forth in KRS 158.645 and 158.6451, except the statewide

assessment program shall not include measurement of a student's ability

to beco me a self -sufficient individual or to become a responsible

member of a family, work group, or community.

(5) The state student assessments shall include the following components:

(a) Elementary and middle grades requirements are:

1. A criterion -referenced test each in mathematics and reading in grades

three (3) through eight (8) that is valid and reliable for an individual

student and that measures the depth and breadth of the academic

standards; and

2. A criterion-referenced test each in science and social studies that is valid

and reliable for an individual student as necessary to measure the depth

and breadth of the academic standards to be administered one (1) time

within the elementary and middle grades, respectively;

(b) High school requirements are:

1. A criterion-referenced test in mathematics, reading, and science that is

valid and reliable for an individual student and that measures the depth

and breadth of Kentucky's academic content standards to be

administered one (1) time within the high school grades;

2. A criterion-referenced test in social studies that is valid and reliable for

an individual student as necessary to measure the depth and breadth of

the academic standards to be administered one (1) time within the high

school grades; and

3. A co llege admissions examination to assess English, reading,

mathematics, and science in the spring of grade eleven (11);

(c) The Kentucky Board of Education shall add any other component necessary

to comply with the Every Student Succeeds Act of 2015, Pub. L. No. 114-95,

or its successor, as determined by the United States Department of Education;

(d) The criterion -referenced components required in this subsection shall be

composed of constructed response items and multiple choice items; and

(e) The results of the assessment program developed under this subsection shall

be used by schools and districts to determine appropriate instructional

modifications for all students in order for students to make continuous

progress, including that needed by advanced learners.

(6) Each school district shall administer the statewide student assessment during the

last fourteen (14) days of school in the district's instructional calendar. The

Kentucky Board of Education may change the testing window to allow for

innovative asse ssment systems or other online test administration and shall

promulgate administrative regulations that minimize the number of days of testing

and outline the procedures to be used during the testing process to ensure test

security, including procedures fo r testing makeup days, and to comply with federal

assessment requirements.

(7) A student enrolled in a district -operated or district -contracted alternative program

shall participate in the appropriate assessments required by this section.

(8) A local schoo l district may select and use commercial interim or formative

assessments or develop and use its own formative assessments to provide data on

how well its students are growing toward mastery of Kentucky academic standards,

so long as the district's local s chool board develops a policy minimizing the

reduction in instructional time related to the administration of the interim

assessments. Nothing in this section precludes teachers from using ongoing teacher-

developed formative processes.

(9) Each school that enrolls primary students shall use diagnostic assessments and

prompts that measure readiness in reading and mathematics for its primary students

as determined by the school to be developmentally appropriate. The schools may

use commercial products, use pr oducts and procedures developed by the district, or

develop their own diagnostic procedures. The results shall be used to inform the

teachers and parents or guardians of each student's skill level.

(10) The state board shall ensure that a technically sound longitudinal comparison of the

assessment results for the same students shall be made available.

(11) The following provisions shall apply to the college admissions examination

described in subsection (5)(b)3. of this section:

(a) The cost of the college admissions examination administered to students in

high school shall be paid for by the Kentucky Department of Education. The

costs of additional college admissions examinations shall be the responsibility

of the student;

(b) If funds are available, the Ke ntucky Department of Education shall provide a

college admissions examination preparation program to all public high school

juniors. The department may contract for necessary services; and

(c) Accommodations provided to a student with a disability taking t he college

admissions assessment under this subsection shall consist of:

1. Accommodations provided in a manner allowed by the college

admissions assessment provider when results in test scores are

reportable to a postsecondary institution for admissions a nd placement

purposes, except as provided in subparagraph 2. of this paragraph; or

2. Accommodations provided in a manner allowed by a student's

individualized education program as defined in KRS 158.281 for a

student whose disability precludes valid asses sment of his or her

academic abilities using the accommodations provided under

subparagraph 1. of this paragraph when the student's scores are not

reportable to a postsecondary institution for admissions and placement

purposes.

(12) Kentucky teachers shall have a significant role in providing feedback about the

design of the assessments, except for the college admissions exam described in

subsection (5)(b)3. of this section. The assessments shall be designed to:

(a) Measure developmentally appropriate grade -level performance aligned to the

academic standards;

(b) Provide valid and reliable scores for schools. If scores are reported for

students individually, they shall be valid and reliable; and

(c) Minimize the time spent by teachers and students on assessment.

(13) The results from assessment under subsections (3) and (5) of this section shall be

reported to the school districts and schools no later than seventy -five (75) days

following the last day the assessment ca n be administered. Assessment reports

provided to the school districts and schools shall include an electronic copy of an

operational subset of test items from each assessment administered to their students

and the results for each of those test items by student and by school.

(14) The Department of Education shall gather information to establish the validity of

the assessment and accountability program. It shall develop a biennial plan for

validation studies that shall include but not be limited to the con sistency of student

results across multiple measures, the congruence of school scores with documented

improvements in instructional practice and the school learning environment, and the

potential for all scores to yield fair, consistent, and accurate stude nt performance

level and school accountability decisions. Validation activities shall take place in a

timely manner and shall include a review of the accuracy of scores assigned to

students and schools, as well as of the testing materials. The plan shall b e submitted

to the Commission by July 1 of the first year of each biennium. A summary of the

findings shall be submitted to the Legislative Research Commission by September

1 of the second year of the biennium.

(15) The Department of Education and the stat e board shall offer optional assistance to

local school districts and schools in developing and using continuous assessment

strategies needed to ensure student progress. The continuous assessment shall

provide diagnostic information to improve instruction to meet the needs of

individual students.

(16) The Administration Code for Kentucky's Assessment Program shall include

prohibitions of inappropriate test preparation activities by school district employees

charged with test administration and oversight, including but not limited to the issue

of teachers being required to do test practice in lieu of regular classroom instruction

and test practice outside the normal work day. The code shall include disciplinary

sanctions that may be taken toward a school or individuals.

(17) The Kentucky Board of Education, after the Department of Education has received

advice from the Office of Education Accountability; the School Curriculum,

Assessment, and Accountability Council; and the department's technical advisory

committee, shall promulgate an administrative regulation under KRS Chapter 13A

to establish the components of a reporting structure for assessments administered

under this section. The reporting structure shall include the following components:

(a) A school re port card that clearly communicates with parents and the public

about school performance. The school report card shall be sent to the parents

of the students of the districts, and information on electronic access to a

summary of the results for the distric t shall be published in the newspaper

with the largest circulation in the county. It shall include but not be limited to

the following components reported by race, gender, and disability when

appropriate:

1. Student academic achievement, including the resu lts from each of the

assessments administered under this section;

2. For Advanced Placement, Cambridge Advanced International, and

International Baccalaureate, the courses offered, the number of students

enrolled, completing, and taking the examination for each course, and

the percentage of examinees receiving a score of three (3) or better on

AP examinations, a score of "e" or better on Cambridge Advanced

International examinations, or a score of four (4) or better on IB

examinations. The data shall be dis aggregated by gender, race, students

with disabilities, and economic status;

3. Nonacademic achievement, including the school's attendance, retention,

graduation rates, and student transition to postsecondary;

4. School learning environment, including meas ures of parental

involvement;

5. Until June 30, 2030, targeted quality measures, which shall include a

measure of the change from the prior school year on the following

factors:

a. The percentage of certified teachers within the school and district

who have attained:

i. Rank II status or higher as determined by the Education

Professional Standards Board; or

ii. Certification from the National Board for Professional

Teaching Standards;

b. For schools and districts containing students in grade eight (8), the

percentage of students earning at least one (1) high school credit

upon the completion of the student's grade eight (8) school year;

and

c. For schools and districts containing students in grade twelve (12),

the percentage of graduating students who have:

i. Completed the Free Application for Federal Student Aid by

the student's graduation date; or

ii. A parent or legal guardian that has submitted an appropriate

form to the school or district to opt out of completion of the

Free Application for Federal Stud ent Aid after completing a

district-approved presentation regarding the Free Application

for Federal Student Aid; and

6. Any other school performance data required by the Every Student

Succeeds Act of 2015, Pub. L. No. 114-95, or its successor;

(b) An indi vidual student report to parents for each student in grades three (3)

through eight (8) summarizing the student's skills in reading, science, social

studies, and mathematics. The school's staff shall develop a plan for

accelerated learning for any student with identified deficiencies or strengths;

and

(c) A student's score on the college admissions assessment administered under

subsection (5)(b)3. of this section.

(18) (a) Every six (6) years, the Kentucky Department of Education shall implement a

comprehensive process for reviewing and revising the academic standards in

visual and performing arts and practical living skills and career studies for all

levels and in world language for middle and high schools. The department

shall develop review committees for the standards for each of the content

areas that include representation from certified specialist public school

teachers and postsecondary teachers in those subject areas.

(b) The academic standards in practical living skills for elementary, middle, and

high school levels shall include a focus on drug abuse prevention, with an

emphasis on the prescription drug epidemic and the connection between

prescription opioid abuse and add iction to other drugs, such as heroin and

synthetic drugs.

(c) The department shall provide to all schools guidelines for programs that

incorporate the adopted academic standards in visual and performing arts and

practical living and career studies. The department shall provide to middle and

high schools guidelines for including a foreign language program. The

guidelines shall address program length and time, courses offered, staffing,

resources, and facilities.

(d) The Kentucky Department of Education, in consultation with certified public

school teachers of visual and performing arts, may develop program standards

for the visual and performing arts.

(19) (a) The Kentucky Department of Education shall develop and distribute to all

school districts guideline s for including an effective writing program across

the content areas aligned to the academic standards. The department shall

provide professional learning opportunities to support authentic and

disciplinary-specific writing across the curriculum for super intendents,

school-based decision making councils, principals, teachers, and teacher

preparation programs.

(b) Each superintendent of a local school district shall adopt policies that

determine the writing program for the local school district and ensure t he

writing program policy is published on the district's website. The writing

program shall include disciplinary -specific writing across the curriculum and

incorporate a variety of language resources, technological tools, and multiple

opportunities for stu dents to develop complex communication skills for a

variety of purposes.

(20) (a) The Kentucky Department of Education, in consultation with the review

committees described in subsection (18) of this section, shall develop a school

profile report to be used by all schools to document how they will address the

adopted academic standards in their implementation of the programs as

described in subsection (18) of this section, which may include student

opportunities and experiences in extracurricular activities . The department

shall include the essential workplace ethics program on the school profile

report.

(b) By October 1 of each year, each school principal shall complete the school

profile report, which shall be signed by the members of the school council, o r

the principal if no school council exists, and the superintendent. The report

shall be electronically transmitted to the Kentucky Department of Education,

and the original shall be maintained on file at the local board office and made

available to the pu blic upon request. The department shall include a link to

each school's profile report on its website.

(c) If a school staff member, student, or a student's parent has concerns regarding

deficiencies in a school's implementation of the programs described i n

subsection (18) of this section, he or she may submit a written inquiry to the

school council.

(21) (a) No later than December 1, 2025, each local board of education shall adopt a

district plan establishing clear policies on the promotion of advanced

coursework or accelerated learning in language arts, mathematics, social

studies, and science by grade level for students in grades four (4) to twelve

(12).

(b) The district plan required by paragraph (a) of this subsection shall:

1. Be published on a publicly accessible location on the district website;

2. Describe the strategies and approach to advanced coursework or

accelerated learning options by grade level for language arts,

mathematics, social studies, and science; and

3. Require that the service delivery options for students identified as gifted

and talented in language arts, mathematics, social studies, and science

include the following for each grade level and subject area:

a. i. Accelerated learning; or

ii. Advanced coursework; and

b. At least one (1) of the following service delivery options:

i. Collaborative teaching and consultation services;

ii. Special counseling services;

iii. Differentiated study experiences for individuals and cluster

groups in the regular classroom;

iv. Distance learning;

v. Enrichment services that are not extracurricular during the

school day;

vi. Independent study;

vii. Mentorships;

viii. Resource services delivered in a pull -out classroom or other

appropriate instructional setting;

ix. Seminars;

x. Travel study options; or

xi. Special schools or self -contained classrooms for students in

grades four (4) through twelve (12) only.

(c) The district plan required by paragraph (a) of this subsection may:

1. Automatically enroll a student who scores distinguished in any subject

area on the most recent statewide assessment for which scores are

available in available advanced coursework for that subject area and any

corresponding subject area designated by the local board of education;

2. Include eligibility criteria for qualification for available advanced

coursework for all other students;

3. Require written consent from a parent or guardian of a student to

withdraw or exclude a student that is eligible for advanced coursework

according to the district plan from th at advanced coursework. If a

student requests to withdraw from advanced coursework to pursue

another educational opportunity, a principal may withdraw the student

without written consent from a parent or guardian only after a good-faith

attempt to contact the parent or guardian is unsuccessful; and

4. Permit a principal to withdraw a student from advanced coursework

without written consent from his or her parent or guardian if the

student's participation in advanced coursework would have an adverse

educational impact on a student, including interference with his or her

career pathway, access to career and technical education coursework, or

another educational opportunity.

(22) The Kentucky Board of Education may promulgate administrative regulations

in accor dance with KRS Chapter 13A to administer the provisions of

subsection (21) of this section.