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Kentucky · Snapshot 09/05/2026

KRS 158.649: Achievement gaps -- Data on student performance -- Policy for

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Where this section sits in the code
  1. KRS Chapter 158

reviewing academic performance -- Student achievement targets --

Reporting requirements -- Review and revision of improvement plan.

(1) "Achievement gap" means the difference between performance goals and

actual performance on each of the tested areas by grade level of the state

assessment program for each of the various subgroups of students as

described in the Every Student Succeeds Act of 2015, Pub. L. No. 114-95, or

its successor, including male and female students, students with and without

disabilities, students with and without English proficiency, minority and

nonminority students, and students who are eligible for free and reduced lunch

and those who are not eligible for free and reduced lunch.

(2) By October 1 of each year, the Department of Education shall provide each

school council, or the principal if a school council does not exist, data on its

students' performance as shown by the state assessment program described in

KRS 158.6453. The data shall include but not be limited to information on

performance levels of all students tested, and information on the performance

of students disaggregated by race, gender, disability, English proficiency, and

participation in the federal free and reduced price lunch program, and any other

subgroups as described in the Every Student Succeeds Act of 2015, Pub. L.

No. 114-95, or its successor. The information from the department shall include

an equity analysis that shall identify the substantive differences among the

various groups of students identified in subsection (1) of this section. Beginning

with the 2012-2013 school year, the reporting requirement in this subsection

shall be no later than seventy-five (75) days following the first day the

assessment can be administered.

(3) Each local board of education upon the recommendation of the local district

superintendent shall adopt a policy for reviewing the academic performance on

the state assessments required under KRS 158.6453 for various groups of

students, including major racial groups, gender, disability, free and reduced

price school lunch eligibility, and limited English proficiency. The local board

policy shall be consistent with Kentucky Board of Education administrative

regulations. Upon agreement of the school-based decision making council, or

the principal if there is not a council, and the superintendent, the local board

shall establish an annual target for each school for reducing identified gaps in

achievement as set out in subsection (4) of this section.

(4) By February 1 of each year, the school-based decision making council, or the

principal if there is not a council, with the involvement of parents, faculty, and

staff shall set the school's targets for eliminating any achievement gap and

submit them to the superintendent for consideration. The superintendent and

the school-based decision making council, or the principal if there is not a

council, shall agree on the targets before they are submitted to the local board

of education for adoption.

(5) By January 1 of each year, the school council, or the principal if a school

council does not exist, with the involvement of parents, faculty, and staff, shall

review the data and revise the school improvement plan to include the targets,

strategies, activities, and a time schedule calculated to eliminate the

achievement gap among various groups of students to the extent it may exist.

The plan shall include but not be limited to activities designed to address the

following areas:

(a) Curriculum alignment within the school and with schools that send or

receive the school's students;

(b) Evaluation and assessment strategies to continuously monitor and modify

instruction to meet student needs and support proficient student work;

(c) Professional development to address the goals of the plan;

(d) Parental communication and involvement;

(e) Attendance improvement and dropout prevention; and

(f) Technical assistance that will be accessed.

(6) The principal shall convene a public meeting at the school to present and

discuss the plan prior to submitting it to the superintendent and the local board

of education for review, in the public meeting required under KRS 160.340.

(7) Based on the disaggregated assessment results, the local board shall

determine if each school achieved its targets for each group of students. Only

data for a group of students including ten (10) or more students shall be

considered.

(8) Notwithstanding KRS 160.345(8) and 158.070(7), if a local board determines

that a school has not met its target to reduce the identified gap in student

achievement for a group of students, the local board shall require the council,

or the principal if no council exists, to submit its revisions to the school

improvement plan describing the use of professional development funds and

funds allocated for continuing education to reduce the school's achievement

gap for review and approval by the superintendent. The plan shall address how

the school will meet the academic needs of the students in the various groups

identified in subsection (1) of this section.

(9) The superintendent shall report to the local school board and the commissioner

of education if a school fails to meet its targets in any academic content area to

reduce the gap in student achievement for any student group for two (2)

consecutive years. The school's improvement plan shall be subject to review

and approval by the Kentucky Department of Education and the school shall

submit an annual status report. The Department of Education may provide

assistance as defined in KRS 160.346 to schools as it deems necessary to

assist the school in meeting its goals.

(10) The school-based decision making council, or the principal if there is not a

council, shall no longer be required to seek approval of the plan under

subsections (8) and (9) of this section when it meets its target for reducing the

gap in student achievement for the various groups of students identified in

subsection (1) of this section.

Collected 2026-09-05T20:51:06Z. Source file · JSON

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