KRS 7.410: Office of Education Accountability -- Deputy director of LRC to administer -

- Duties of office -- Relations with other entities -- Annual research agenda --

Confidentiality of testimony, work products, and records.

(1) It is the intent of the General As sembly to provide an efficient system of common

schools which shall be operated without waste, duplication, mismanagement, and

political influence. The system of schools shall have the goal of providing all

students with at least the seven (7) capacities referred to in KRS 158.645.

(2) (a) An Office of Education Accountability is hereby created and shall be under

the direction of the Legislative Research Commission and shall be advised

and monitored by the Education Assessment and Accountability Review

Subcommittee.

(b) The Office of Education Accountability shall be administered by a deputy

director appointed by the Legislative Research Commission upon

recommendation of the director of the Legislative Research Commission. The

deputy director shall have the qualifications set by the Commission. The

salary of the deputy director shall be set by the Commission. The Commission

shall have exclusive jurisdiction over the employment of personnel necessary

to carry out the provisions of this section. The deputy dire ctor shall be subject

to the direction of and report to the director of the Legislative Research

Commission.

(c) The Office of Education Accountability shall have the following duties and

responsibilities:

1. Monitor the elementary and secondary public edu cation system,

including actions taken and reports issued by the Kentucky Board of

Education, the Education Professional Standards Board, the

commissioner of education, the Department of Education, and local

school districts. Upon and under the direction o f the Education

Assessment and Accountability Review Subcommittee, the monitoring

of the elementary and secondary public education system shall also

include periodic reviews of local district and school -based decision

making policies relating to the recrui tment, interviewing, selection,

evaluation, termination, or promotion of personnel. The office shall

report any district or school when evidence demonstrates a pattern of

exclusionary personnel practices relating to race or sex to the Kentucky

Department o f Education, which shall then independently investigate

facts raised in or associated with the report. The results of the

investigation conducted by the department shall be forwarded to the

Kentucky Board of Education which shall conduct an investigative

hearing on the matter.

2. Upon and under the direction of the Education Assessment and

Accountability Review Subcommittee, review the elementary and

secondary public education finance system. The review shall include an

analysis of the level of equity achie ved by the funding system and

whether adequate funds are available to all school districts and an

analysis of the weights of various education program components

developed by the Department of Education. The review may also include

recommendations for the base per pupil funding for the Support

Education Excellence in Kentucky Program and a statewide salary

schedule, and studies of other finance issues identified by the Education

Assessment and Accountability Review Subcommittee.

3. Upon and under the direct ion of the Education Assessment and

Accountability Review Subcommittee, verify the accuracy of reports of

school, district, and state performance by conducting, requesting, or

upon approval of the Legislative Research Commission, contracting for

periodic program and fiscal audits. Upon and under the direction of the

Education Assessment and Accountability Review Subcommittee, the

Office of Education Accountability shall monitor and verify the accuracy

of reports of the Department of Education and the Kentuc ky Board of

Education, including but not limited to the annual fiscal conditions of

grants, categorical programs, and other educational initiatives set forth

by the General Assembly.

4. Investigate allegations of wrongdoing of any person or agency, including

but not limited to waste, duplication, mismanagement, political

influence, and illegal activity at the state, regional, or school district

level; make appropriate referrals to other agencies with jurisdiction over

those allegations; and make recommendat ions for legislative action to

the Education Assessment and Accountability Review Subcommittee.

Upon acceptance by the subcommittee, recommendations for legislative

action shall be forwarded to the Legislative Research Commission. The

Office of Education A ccountability shall submit to the subcommittee,

for each of its regular meetings, a report that summarizes investigative

activity initiated pursuant to this subparagraph. The subcommittee may

consider each report as it determines and in its discretion. Eac h report,

and the consideration thereof by the subcommittee, shall be exempt from

the open records and open meetings requirements contained in KRS

Chapter 61.

5. Upon and under the direction of the Education Assessment and

Accountability Review Subcommitte e, conduct studies, analyze, verify,

and validate the state assessment program through other external

indicators of academic progress including but not limited to American

College Test scores, Scholastic Assessment Test scores, National

Assessment of Educa tional Progress scores, Preliminary Scholastic

Assessment Test scores, Advanced Placement Program participation,

standardized test scores, college remediation rates, retention and

attendance rates, dropout rates, and additional available data on the

efficiency of the system of schools and whether progress is being made

toward attaining the goal of providing students with the seven (7)

capacities as required by KRS 158.645.

6. Make periodic reports to the Education Assessment and Accountability

Review Subcom mittee as directed by the subcommittee. Upon

acceptance by the subcommittee, the reports shall be forwarded to the

Legislative Research Commission.

7. Make periodic reports to the Legislative Research Commission as may

be directed by the Commission.

8. Prepare an annual report, which shall consist of a summary of the status

and results of the current year annual research agenda provided in

paragraph (d) of this subsection, a summary of completed investigative

activity conducted pursuant to subparagraph 4 . of this paragraph, and

other items of significance as determined by the Education Assessment

and Accountability Review Subcommittee. The annual report shall be

submitted to the Education Assessment and Accountability Review

Subcommittee. Upon acceptance by the subcommittee, the annual report

shall be submitted to the Governor, the Legislative Research

Commission, and the Kentucky Board of Education.

(d) On or before December 1 of each calendar year, the Education Assessment

and Accountability Review Subco mmittee shall adopt the annual research

agenda for the Office of Education Accountability. The annual research

agenda may include studies, research, and investigations considered to be

significant by the Education Assessment and Accountability Review

Subcommittee. Staff of the Office of Education Accountability shall prepare a

suggested list of study and research topics related to elementary and secondary

public education for consideration by the Education Assessment and

Accountability Review Subcommittee i n the development of the annual

research agenda. An adopted annual research agenda shall be amended to

include any studies mandated by the next succeeding General Assembly for

completion by the Office of Education Accountability.

(e) The Office of Education Accountability shall have access to all public records

and information on oath as provided in KRS 7.110. The office shall also have

access to otherwise confidential records, meetings, and hearings regarding

local school district personnel matters. Howeve r, the office shall not disclose

any information contained in or derived from the records, meetings, and

hearings that would enable the discovery of the specific identification of any

individual who is the focus or subject of the personnel matter.

(f) In c ompliance with KRS 48.800, 48.950, and 48.955, the Finance and

Administration Cabinet and the Governor's Office for Policy and Management

shall provide to the Office of Education Accountability access to all

information and records, other than preliminary work papers, relating to

allotment of funds, whether by usual allotment or by other means, to the

Department of Education, local school districts, and to other recipients of

funds for educational purposes.

(g) Any state agency receiving a complaint or information which, if accurate, may

identify a violation of the Kentucky Education Reform Act of 1990, 1990 Ky.

Acts ch. 476, shall notify the office of the complaint or information.

(h) The Office of Education Accountability may contract for services as appro ved

by the Legislative Research Commission pursuant to KRS 7.090(8).

(3) The provisions of KRS 61.878 or any other statute, including Acts of the 1992

Regular Session of the General Assembly to the contrary notwithstanding, the

testimony of investigators, work products, and records of the Office of Education

Accountability relating to duties and responsibilities under subsection (2) of this

section shall be privileged and confidential during the course of an ongoing

investigation or until authorized, releas ed, or otherwise made public by the Office

of Education Accountability and shall not be subject to discovery, disclosure, or

production upon the order or subpoena of a court or other agency with subpoena

power.