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-CHAPTER 138
-Legislative Research Commission PDF Version
+SENATE
-1
-CHAPTER 138
-( HB 257 )
-AN ACT relating to the education assessment and accountability system.
-Be it enacted by the General Assembly of the Commonwealth of Kentucky:
-SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO READ AS FOLLOWS:
-(1) As used in this section:
-(a) "Locally developed indicators of quality" means measures or indicators created or adopted by a local
-school district that:
-1. Are aligned with the academic standards established in Section 2 of this Act;
-2. Allow all students to demonstrate their ability to apply grade -appropriate, standards -driven
-knowledge, content, and skills in real-world applications; and
-3. May include additional locally identified indicators re lated to priorities established by the local
-community that serve to complement the requirements in subparagraphs 1. and 2. of this
-paragraph. These indicators may include student well -being, fiscal responsibility, or school
-safety; and
-(b) "Vibrant learning" means an educational experience that is:
-1. Characterized by student agency and the application of knowledge and skills aligned with the
-academic standards established in Section 2 of this Act;
-2. Developed in partnership with students' families, loca l communities, and the local workforce;
-and
-3. Demonstrated through personalized projects, outputs, experiences, or other produced results
-reflecting each individual student's academic and career interests.
-(2) Each local school district may develop and im plement a system of locally developed indicators of quality in
-accordance with administrative regulations promulgated by the Kentucky Board of Education. The locally
-developed indicators of quality shall include:
-(a) Student participation in vibrant learning experiences; and
-(b) Locally developed indicators of performance.
-(3) A local school district utilizing a system of locally developed indicators of quality shall:
-(a) When an indicator involves student data, include student performance data for all stud ents,
-disaggregated by individual subgroups, where permissible; and
-(b) Develop a publicly available, online display that clearly communicates each applicable school and
-the district's performance on the locally developed indicators of quality, disaggregated by individual
-subgroups, where permissible.
-(4) The Kentucky Department of Education:
-(a) Shall offer technical assistance to local school districts in their development of locally developed
-indicators of quality; and
-(b) May offer a one (1) time payment to offset costs incurred by local school districts in the development
-of locally developed indicators of quality. A financial payment provided under this paragraph shall
-not exceed fifteen thousand dollars ($15,000) per district.
-(5) The Kentu cky Board of Education may promulgate administrative regulations in accordance with KRS
-Chapter 13A necessary to administer the provisions of this section.
-Section 2. KRS 158.6453 (Effective July 1, 2026) is amended to read as follows:
-(1) As used in this section:
-ACTS OF THE GENERAL ASSEMBLY 2
-(a) "Accelerated learning" means an organized way of helping students meet individual academic goals by
-providing direct instruction to eliminate student performance deficiencies 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 rather 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 asse ssments, curriculum-embedded
-assessments, classroom observations, teacher -designed [classroom tests and ] 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 asses sment given at the end of the school year, semester, or other
-period of time to evaluate students' performance against academic[content] standards within a unit of
-instruction or a course; and
-(h) "Writing" means a purposeful 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 im plement 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 global
-competitiveness, state career and technical education standards, and KRS 158.196.
-(b) The revisions to the academic[content] 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 fro m 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 at least one
-(1) representative from a public institution of higher education. Each committee member shall
-teach in t he 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[language
-arts] 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 s tudies academic
-standards and assessments.
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+KENTUCKY GENERAL ASSEMBLY AMENDMENT FORM
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-(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 stand ards 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 Kentucky
-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 assessment resources vendor.
-(e) The commissioner of education and the president of the Council on Posts econdary 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 pare nts 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 shall 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 aspe cts 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 process 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 websi te 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 comment s 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 a nd 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 assessment s review committee shall review the findings and make
-recommendations to revise or replace existing standards and to adjust alignment of assessments.
-ACTS OF THE GENERAL ASSEMBLY 4
-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 an d 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 Interim 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 para graph. 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 ma y 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 proces s 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 academic [content ]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[content] 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 [content
-]standards. The Education Professional 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 inf ormation sessions regarding
-the academic [content ]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 curricu lum with the expectations set forth in the state's academic [content
-]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 d istricts' achievement of the
-goals set forth in KRS 158.645 and 158.6451, to ensure compliance with the federal Every Student
-Succeeds Act of 2015, Pub. L. No. 114-95, or its successor, and to ensure school accountability.
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-(b) The board shall revise the an nual statewide assessment program as needed in accordance with revised
-academic standards and corresponding assessment alignment adjustments approved by the board under
-subsection (2) of this section.
-(c) The statewide assessments shall not include any aca demic 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 Accou ntability 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 t o become a responsible member of a family, work group, or
-community.
-(4) (a) The academic components of the statewide assessment program shall be composed of annual student
-summative tests, which may include a combination of multiple competency -based asses sment and
-performance measures approved by the Kentucky Board of Education.
-(b) The annual student summative tests shall:
-1. Measure individual student achievement in [language, ]reading, [English, ]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 i n KRS
-158.645 and 158.6451, except 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.
-(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[Kentucky's] academic [content ]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 breadt h of the[Kentucky's] academic
-[content ] standards to be administered one (1) time within the elementary and middle grades,
-respectively;[
-3. An on -demand assessment of student writing to be administered one (1) time within the
-elementary grades and one (1) time within the middle grades; and
-4. An editing and mechanics test relating to writing, using multiple choice and constructed response
-items, to be administered one (1) time within the elementary and the 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;
-ACTS OF THE GENERAL ASSEMBLY 6
-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[Kentucky's] academic [content ]standards to
-be administered one (1) time within the high school grades; and
-3. [An on -demand assessment of student writing to be administered one (1) time within the high
-school grades;
-4. An editing and mechanics test relating to writing, using multiple choice and constructed response
-items, to be administered one (1) time within the high school grades; and
-5. ]A college 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 ne cessary 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 constr ucted
-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 o f Education may change the testing
-window to allow for innovative assessment 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 for 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 t he
-appropriate assessments required by this section.
-(8) A local school 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 mas tery of Kentucky
-academic standards, so long as the district's local school 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 develo pmentally
-appropriate. The schools may use commercial products, use products 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 describe d in subsection
-(5)(b)3.[5.] 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 Kentucky 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 the 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 and
-placement purposes, except as provided in subparagraph 2. of this paragraph; or
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-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 assessment 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 insti tution 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.[5.] of this section. The a ssessments
-shall be designed to:
-(a) Measure developmentally appropriate grade -level performance aligned to the academic
-standards[grade appropriate core academic content, basic skills, and higher -order thinking skills and
-their application];
-(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[; and
-(d) Assess Kentucky academic standards only].
-(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 can be
-administered. Assessment reports provided to the s chool 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 consistency of student results across multiple measures, t he 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 student performance level and school accountability decision s.
-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 be submitted to the
-Commission by July 1 of the first ye ar 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 state 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 un der 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 report card that clearly communicates with parents and th e 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 district 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 results from each of the assessments administered
-under this section;
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-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 disaggregated 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 measures of parental involvement;[ and]
-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 d etermined 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 Federa l 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 Student
-Aid after completing a district -approved presentation regarding the Free
-Application for Federal Student Aid; and
-6.[5.] Any other school performance data required by the Every Student Succeeds Act of 2015, Pub. L.
-No. 114-95, or its successor;
-(b) An individual student report to parents for eac h 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 strength s;
-and
-(c) A student's score on the college admissions assessment administered under subsection (5)(b) 3.[5.] of
-this section.
-(18) (a) Every six (6) years, the Kentucky Department of Education shall implement a comprehensive process
-for reviewing and revis ing the academic standards in visual and performing arts and practical living
-skills and career studies for all levels and in world[foreign] 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 addiction 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.
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-(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 [provide] to all school districts
-guidelines for including an effective writing program across the content areas aligned to the acade mic
-standards. The department shall provide professional learning opportunities to support authentic and
-disciplinary-specific writing across the curriculum for superintendents, school -based decision
-making councils, principals, teachers, and teacher preparation programs[within the curriculum].
-(b) Each superintendent of a local school district shall adopt policies that determine the writing program
-for the local school district and ensure the writing program policy is published on the district's
-website. T he writing program shall include disciplinary -specific writing across the curriculum and
-incorporate a variety of language resources, technological tools, and multiple opportunities for
-students to develop complex communication skills for a variety of purp oses.
-(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 acad emic 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, or 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 public
-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 in 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 langu age
-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;
-ACTS OF THE GENERAL ASSEMBLY 10
-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 o n 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 fo r 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 that 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 guardia n 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 stude nt, including interference with his or her career
-pathway, access to career and technical education coursework, or another educational
-opportunity.
-(22) [(a) ]The Kentucky Board of Education may promulgate administrative regulations in accordance with KRS
-Chapter 13A to administer the provisions of subsection (21) of this section. [
-(b) By December 1, 2025, the Kentucky Department of Education, in collaboration with local school
-districts, shall establish school district recommendations for the consistent us e of preliminary
-assessment data and other criteria to identify students prepared for advanced coursework. ]
-Section 3. KRS 158.6455 is amended to read as follows:
-It is the intent of the General Assembly that schools succeed with all students and receive the appropriate
-consequences in proportion to that success.
-(1) (a) The Kentucky Board of Education shall create an accountability system to classify districts and schools
-in accordance with the academic standards and student assessment program dev eloped pursuant to KRS
-158.6453.
-(b) The state accountability system shall include an annual meaningful differentiation of all public schools
-in the state using multiple measures that describe the overall performance of each district, school, and
-student subgroup. Beginning with data from the 2026-2027 school year, performance shall be based on
-a combination of academic and school quality indicators and measures, hereinafter called "state
-indicators." The state indicators shall exclusively include:
-1. Student assessment results;
-2. Measures of individual student growth in reading and mathematics;
-3. Progress toward achieving English proficiency by limited English proficiency students;
-4.[3.] Student engagement as measured by chronic absenteeism, which shall be defined as a student
-missing ten percent (10%) or more of yearly school time for excused or unexcused reasons
-throughout the school year[Quality of school climate and safety];
-5.[4.] High school graduation rates;
-6. Beginning July 1, 2030, targeted qual ity measures, which shall include a measure of the
-change from the prior school year on the following factors:
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-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 c redit 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 Student
-Aid after completing a district -approved presentation reg arding the Free
-Application for Federal Student Aid.
- The targeted quality measures shall have a cumulative weight in accountability of no less than
-five percent (5%);
-7.[5.] Postsecondary readiness for each high school student, which shall be included as an academic
-indicator, and shall be measured by one (1) of the following:
-a. Meeting or exceeding a college readiness benchmark score on the college admissions
-examination used as the statewide assessment in KRS 158.6453(5)(b) 3.[5.] or a college
-placement examination approved by the Council on Postsecondary Education. The college
-readiness benchmark score shall be established by the Council on Postsecondary
-Education;
-b. Achieving a minimum of three (3) hours of dual credit by completing a course approved
-by the Kentucky Board of Education or qualifying for a minimum of three (3) hours of
-postsecondary articulated credit associated with a statewide articulation agreement;
-c. Achieving a benchmark score on an Advanced Placement, International Baccalaureate,
-Cambridge Advanced International, or other nationally recognized exam approved by the
-Kentucky Board of Education that generally qualifies the student for three (3) or more
-hours of college credit;
-d. Completing a required number of hours or achieving a ben chmark within an
-apprenticeship, cooperative, or internship that is:
-i. Not required to be offered as a high school course or during the regular school day,
-week, or year;
-ii. Aligned with a credential or associate degree; and
-iii. Approved by the Kentucky Board of Education after receiving input from the Local
-Superintendents Advisory Council; or
-e. Achieving any industry -recognized certifications, licensures, or credentials, with more
-weight in accountability for industry -recognized certifications , licensures, or credentials
-identified as high demand in accordance with the process described in paragraph (e) of
-this subsection. Eligible industry -recognized certifications, licensures, or credentials shall
-not be limited to those earned in conjunction with a minimum sequence of courses. Each
-high school shall publicly report the credits, hours, and credentials on an annual basis; and
-8.[6.] Any other factor mandated by the federal Every Student Succeeds Act of 2015, Pub. L. No. 114 -
-95, or its successor.
-(c) 1. [Beginning with data from the 2020 -2021 and 2021-2022 school years, the accountability system
-performance for each district, school, and student subgroup determined by the state indicators
-ACTS OF THE GENERAL ASSEMBLY 12
-shall be based on a combination of annual performance, her einafter called "status," and
-improvement over time, hereinafter called "change."
-2. Status and change shall receive equal weight in determining overall performance. For all students
-as a group and separately for individual subgroups, status shall be deter mined, beginning with
-the data from the 2020 -2021 academic year, by using the current year performance and change
-shall be determined, beginning with the data from the 2021 -2022 academic year, by using the
-difference in performance from the prior to curren t year, except change shall be based on the
-difference in performance for the prior three (3) years for the purpose of determining the lowest -
-performing five percent (5%) of schools under KRS 160.346(2) and (3).
-3. For each state indicator, there shall be five (5) status levels ranging from very high to very low
-and five (5) change levels ranging from increased significantly to declined significantly.
-4. The percentile cut scores for status and change levels shall be based on distribution and shall be
-approved by the Kentucky Department of Education and the Local Superintendents Advisory
-Council. The cut scores shall remain in place for at least six (6) years unless existing cut scores
-no longer support meaningful differentiation of schools as required by th e federal Every Student
-Succeeds Act of 2015, Pub. L. No. 114-95, or its successor.
-(d) Beginning in the fall of 2022, ] The Kentucky Department of Education shall develop an online display
-of the state accountability system results hereinafter called a "da shboard." A color -coded
-performance level for each state indicator and overall performance shall be displayed in a
-straightforward manner on the dashboard [for overall performance, status, and change ] by
-district, school, and individual subgroups. Overall performance shall aggregate all available data
-for the state indicators.
-2. The percentile cut scores for the color -coded performance level for each state indicator and
-overall performance shall be based on distribution and shall be approved by the Kentuck y
-Department of Education and the Local Superintendents Advisory Council. The cut scores
-shall remain in place for at least six (6) years unless existing cut scores no longer support a
-meaningful differentiation of schools as required by the federal Every Student Succeeds Act of
-2015, Pub. L. No. 114-95, or its successor.
-(d)[(e)] Based on data from the Kentucky Center for Education and Workforce Statistics, each local
-workforce investment board, in conjunction with local economic development organizations from its
-state regional sector, shall annually compile a list of industry -recognized certifications, licensures, and
-credentials specific to the state and regional workforce area, rank them by demand for the state and
-regional area, and provide the list to the Kentucky Workforce Innovation Board. The Kentucky
-Workforce Innovation Board, in conjunction with the Kentucky Department of Education, may revise
-the lists before the Kentucky Department of Education disseminates the lists to all school districts to be
-used as postsecondary readiness indicators.
-(e)[(f)] 1. The Kentucky Department of Education shall pay for the cost of an assessment taken by a
-high school student for attaining an industry -recognized certification, credential, or licensure if
-the student consecutively completes at least two (2) related career pathway courses approved by
-the department prior to taking the assessment.
-2. If a high school student has not completed the two (2) course requirement described in
-subparagraph 1. of this par agraph but meets performance -based experience eligibility and passes
-an assessment, the department shall provide a weighted reimbursement amount to the school
-district for the cost of the assessment based on the level of demand of the certificate, credenti al,
-or license earned. The Kentucky Board of Education shall promulgate regulations establishing
-the performance -based experience eligibility requirements and weighted reimbursement
-amounts.
-(f)[(g)] Prior to promulgating administrative regulations to revi se the accountability system, the board
-shall seek advice from the School Curriculum, Assessment, and Accountability Council; the Office of
-Education Accountability; the Education Assessment and Accountability Review Subcommittee; and
-the department's technical advisory committee.
-(2) A student's test scores shall be counted in the accountability measure of:
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-(a) 1. The school in which the student is currently enrolled if the student has been enrolled in that
-school for at least a full academic year as defined by the Kentucky Board of Education; or
-2. The school in which the student was previously enrolled if the student was enrolled in that school
-for at least a full academic year as defined by the Kentucky Board of Education; and
-(b) The school district if the student is enrolled in the district for at least a full academic year as defined by
-the Kentucky Board of Education; and
-(c) The state if the student is enrolled in a Kentucky public school prior to the beginning of the statewide
-testing period.
-(3) After receiving the advice of the Office of Education Accountability; the School Curriculum, Assessment, and
-Accountability Council; and the department's technical advisory committee, the Kentucky Board of Education
-shall promulgate an administrative regulat ion in conformity with KRS 158.6471 and 158.6472 and KRS
-Chapter 13A to establish more rigorous action, intervention, and appropriate consequences for schools that fail
-to exit comprehensive support and improvement status described in KRS 160.346. The cons equences shall be
-designed to improve the academic performance and learning environment of identified schools and may
-include but not be limited to:
-(a) A review and audit process to determine the appropriateness of a school's or district's classification and
-to recommend needed assistance;
-(b) School and district improvement plans;
-(c) Eligibility to receive Commonwealth school improvement funds under KRS 158.805;
-(d) Education assistance from highly skilled certified staff; and
-(e) Observation of school personnel.
-(4) All students who drop out of school during a school year shall be included in a school's annual average school
-graduation rate calculation.
-(5) After receiving the advice of the Education Assessment and Accountability Review Subcommittee, the Office
-of Education Accountability; the School Curriculum, Assessment, and Accountability Council; and the
-department's technical advisory committee, the Kentucky Board of Education may promulgate by
-administrative regulation, in conformity with KRS 158.6 471 and 158.6472 and KRS Chapter 13A, a system of
-district accountability that includes establishing a formula for accountability, goals for improvement over a
-three (3) year period, rewards for leadership in improving teaching and learning in the district , and
-consequences that address the problems and provide assistance when one (1) or more schools in the district fail
-to exit comprehensive support and improvement status after three (3) consecutive years of implementing the
-turnaround intervention process described in KRS 160.346.
-(6) After receiving the advice of the Office of Education Accountability; the School Curriculum, Assessment, and
-Accountability Council; and the department's technical advisory committee, the Kentucky Board of Education
-shall promulgate administrative regulations in conformity with KRS 158.6471 and 158.6472 and KRS Chapter
-13A to establish a process whereby a school or school district shall be allowed to appeal any performance
-judgment made by the department under this section or KRS 160.346 of a principal, superintendent, school, or
-school district which it considers grossly unfair. Upon appeal, an administrative hearing shall be conducted in
-accordance with KRS Chapter 13B. The state board may adjust a performance judgment on app eal when
-evidence of unusual circumstances warrants the conclusion that the performance judgment is based on fraud or
-a mistake in computations, is arbitrary, is lacking any reasonable basis, or when there are significant new
-circumstances occurring during the three (3) year assessment period which are beyond the control of the
-appellant school or school district.
-(7) Advice and recommendations provided by the department's technical advisory committee shall be summarized
-and reported by the department by Ju ly 1 and December 1 of each year to the Office of Education
-Accountability. The report shall include:
-(a) Advice and recommendations provided by panel members relating to:
-1. Development and modification to the assessment and accountability system;
-2. The development of administrative regulations governing the assessment and accountability
-system;
-ACTS OF THE GENERAL ASSEMBLY 14
-3. The setting of standards used in the assessment and accountability system; and
-4. KRS 158.6453, 158.6455, 158.782, or 158.860; and
-(b) Any documentation used by the panel in support of the panel's advice and recommendations.
- Upon receipt of the report, the Office of Education Accountability shall forward the report to the Education
-Assessment and Accountability Review Subcommittee and the co -chairs of the Inter im Joint Committee on
-Education.
-Section 4. KRS 158.6459 is amended to read as follows:
-(1) A high school student whose highest score on the college admissions examination under KRS
-158.6453(5)(b)3.[5.] in English, reading, or mathematics is below the systemwide standard established by the
-Council on Postsecondary Education for entry into a credit -bearing course at a public postsecondary institution
-without placement in a remedial course or an entry -level course with supplementary academic support shall be
-provided the opportunity to participate in accelerated learning designed to address his or her identified
-academic deficiencies prior to high school graduation.
-(2) A high school, in collaboration with its school district, shall develop and implement accelerated learning that:
-(a) Allows a student's learning plan to be individualized to meet the student's academic needs based on an
-assessment of test results and consultation among parents, teachers, and the student; and
-(b) May include changes in a student's class schedule.
-(3) The Kentucky Department of Education, the Council on Postsecondary Education, and public postsecondary
-institutions shall offer support and technical assistance to schools and scho ol districts in the development of
-accelerated learning.
-Section 5. KRS 164.7874 is amended to read as follows:
-As used in KRS 164.7871 to 164.7885:
-(1) "Academic term" means a semester or other time period specified in an administrative regulation prom ulgated
-by the authority;
-(2) "Academic year" means a period consisting of at least the minimum school term, as defined in KRS 158.070;
-(3) "ACT score" means the composite score achieved on the American College Test at a national test site on a
-national te st date or the college admissions examination administered statewide under KRS
-158.6453(5)(b)3.[5.] if the exam is the ACT, or an equivalent score, as determined by the authority, on the
-SAT administered by the College Board, Inc.;
-(4) "Authority" means the Kentucky Higher Education Assistance Authority;
-(5) "Award period" means the fall and spring consecutive academic terms within one (1) academic year;
-(6) "Council" means the Council on Postsecondary Education created under KRS 164.011;
-(7) "Eligible high school student" means any person who:
-(a) Is a citizen, national, or permanent resident of the United States and Kentucky resident;
-(b) Was enrolled after July 1, 1998:
-1. In a Kentucky high school for at least one hundred forty (140) days of the minimum school term
-unless exempted by the authority's executive director upon documentation of extreme hardship,
-while meeting the KEES curriculum requirements, and was enrolled in a Kentucky high school at
-the end of the academic year;
-2. In a Kentucky high school for the fall academic term of the senior year and who:
-a. Was enrolled during the entire academic term;
-b. Completed the high school's graduation requirements during the fall academic term; and
-c. Was not enrolled in a secondary school during any other academic term of that academic
-year; or
-3. In the Gatton Academy of Mathematics and Science in Kentucky, the Craft Academy for
-Excellence in Science and Mathematics, or in high school at a model and practice school under
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-KRS 164.380 while meeting the Kentu cky educational excellence scholarship curriculum
-requirements;
-(c) Has a grade point average of 2.5 or above at the end of any academic year beginning after July 1, 1998,
-or at the end of the fall academic term for a student eligible under paragraph (b) [ ]2. of this subsection;
-and
-(d) Is not a convicted felon;
-(8) "Eligible postsecondary student" means a citizen, national, or permanent resident of the United States and
-Kentucky resident, as determined by the participating institution in accordance with criteria established by the
-council for the purposes of admission and tuition assessment, who:
-(a) Earned a KEES award;
-(b) Has the required postsecondary GPA and credit hours required under KRS 164.7881;
-(c) Has remaining semesters of eligibility under KRS 164.7881;
-(d) Is enrolled in a participating institution as a part-time or full-time student; and
-(e) Is not a convicted felon;
-(9) "Full-time student" means a student enrolled in a postsecondary program of study that meets the full -time
-student requirements of the participating institution in which the student is enrolled;
-(10) "Grade point average" or "GPA" means the grade point average earned by an eligible student and reported by
-the high school or participating institution in which th e student was enrolled based on a scale of 4.0 or its
-equivalent if the high school or participating institution that the student attends does not use the 4.0 grade
-scale;
-(11) "High school" means any Kentucky public high school, the Gatton Academy of Math ematics and Science in
-Kentucky, the Craft Academy for Excellence in Science and Mathematics, a high school of a model and
-practice school under KRS 164.380, and any private, parochial, or church school located in Kentucky that has
-been certified by the Ke ntucky Board of Education as voluntarily complying with curriculum, certification,
-and textbook standards established by the Kentucky Board of Education under KRS 156.160;
-(12) "KEES" or "Kentucky educational excellence scholarship" means a scholarship pro vided under KRS 164.7871
-to 164.7885;
-(13) "KEES award" means:
-(a) For an eligible high school student, the sum of the KEES base amount for each academic year of high
-school plus any KEES supplemental amount, as adjusted pursuant to KRS 164.7881; and
-(b) For a student eligible under KRS 164.7879(3)(e), the KEES supplemental amount as adjusted pursuant
-to KRS 164.7881;
-(14) "KEES award maximum" means the sum of the KEES base amount earned in each academic year of high
-school plus any KEES supplemental amount earned;
-(15) "KEES base amount" or "base amount" means the amount earned by an eligible high school student based on
-the student's GPA pursuant to KRS 164.7879;
-(16) "KEES curriculum" means five (5) courses of study, except for students who meet the crite ria of subsection
-(7)(b)2. of this section, in an academic year as determined in accordance with an administrative regulation
-promulgated by the authority;
-(17) "KEES supplemental amount" means the amount earned by an eligible student based on the student' s ACT
-score pursuant to KRS 164.7879;
-(18) "KEES trust fund" means the Wallace G. Wilkinson Kentucky educational excellence scholarship trust fund;
-(19) "On track to graduate" means the number of cumulative credit hours earned as compared to the number of
-hours determined by the postsecondary education institution as necessary to complete a bachelor's degree by
-the end of eight (8) academic terms or ten (10) academic terms if a student is enrolled in an undergraduate
-program that requires five (5) years of study;
-ACTS OF THE GENERAL ASSEMBLY 16
-(20) "Participating institution" means an "institution" as defined in KRS 164.001 that is eligible to participate in the
-federal Pell Grant program, executes a contract with the authority on terms the authority deems necessary or
-appropriate for the administration of its programs, and:
-(a) 1. Is publicly operated;
-2. Is licensed by the Commonwealth of Kentucky and has operated for at least ten (10) years, offers
-an associate or baccalaureate degree program of study not comprised solely of sectarian
-instruction, and admits as regular students only high school graduates, recipients of a High
-School Equivalency Diploma, or students transferring from another accredited degree granting
-institution; or
-3. Is designated by the authority as an approved out -of-state institution that offers a degree program
-in a field of study that is not offered at any institution in the Commonwealth; and
-(b) Continues to commit financial resources to student financial assistance programs; and
-(21) "Part-time student" means a s tudent enrolled in a postsecondary program of study who does not meet the full -
-time student requirements of the participating institution in which the student is enrolled and who is enrolled
-for at least six (6) credit hours, or the equivalent for an institution that does not use credit hours.
-Section 6. KRS 157.069 is amended to read as follows:
-(1) As used in this section:
-(a) "Administrative operations costs" means costs associated with the operations and staffing of a state -
-operated area technology center, including but not limited to personnel, facility costs, building utilities
-and maintenance, and custodial and office supplies;
-(b) "Approved career and technical education dual credit" means earning a grade of "C" or higher for a
-Kentucky Department of Education -approved career and technical education dual credit course
-equivalent to three (3) hours of college credit;
-(c) "Approved career and technical education pathway" means a four (4) course career and technical
-education pathway appro ved by the Kentucky Department of Education that provides a coherent,
-articulated sequence of rigorous academic and career -related courses within a career and technical
-education program area, and leads to an associate degree, an industry -recognized certificate or license,
-or a baccalaureate or higher degree;
-(d) "Concentrator" means a student who has earned at least two (2) credits for no less than two (2) courses
-in a single career and technical education pathway;
-(e) "Converted career and technical educa tion center" means a center providing locally operated career and
-technical education for which a local district assumed authority from the state for the management and
-control of the center during the 2020-2021, 2021-2022, or 2022-2023 academic years;
-(f) "General-cost career and technical education program" means a career and technical education program
-or pathway in which high-cost technical equipment, materials, or facilities are not required;
-(g) "General-cost full-time equivalents" means the total num ber of secondary students enrolled in general -
-cost career and technical education programs, multiplied by the number of hours those students are
-enrolled, and divided by six (6) hours;
-(h) "High-cost career and technical education program" means a career a nd technical education program or
-pathway in which high-cost equipment, materials, or facilities are required;
-(i) "Locally operated career and technical education" means a district program that provides secondary
-students with one (1) or more approved career and technical education pathways;
-(j) "State-operated area technology center" means a state -operated secondary school facility with the
-primary purpose of offering approved career and technical education pathways;
-(k) "Supplemental funding" or "supplem ental funds" means moneys appropriated by the General Assembly
-to support qualifying locally operated career and technical education centers and programs and state -
-operated area technology centers and programs based on enrollment and incentive criteria;
-(l) "Technical skill attainment" means earning an industry -recognized certification, licensure, or credential
-as identified by the Kentucky Workforce Innovation Board pursuant to KRS 158.6455(1) (d)[(e)] or
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-passing an end -of-program assessment for articulate d postsecondary credit as designated by the
-Kentucky Department of Education Office of Career and Technical Education;
-(m) "Weighted high -cost full -time equivalents" means the total number of secondary students enrolled in
-high-cost career and technical ed ucation programs, multiplied by the number of credit hours in which
-those students are enrolled, divided by six (6) hours, and multiplied by one and one -half (1.5); and
-(n) "Work-based learning program" means a cooperative education program, internship, or registered
-apprenticeship within the student's chosen approved career and technical education pathway.
-(2) The Kentucky Department of Education shall provide funds from the department's annual general fund
-appropriation to support the administrative opera tions costs of state -operated area technology centers and
-converted career and technical education centers.
-(3) For converted career and technical education centers, beginning with fiscal year 2024 -2025, the Kentucky
-Department of Education shall deduct fr om funds designated for the state -operated area technology centers an
-amount equal to the administrative operations costs of each converted career and technical education center in
-the amount received by the center in the most recent fiscal year that the c enter was under state management
-and control. The funds for each converted career and technical education center shall be divided as follows:
-(a) Seventy-five percent (75%) of the funds shall be sent to the local district that has assumed management
-and control of the center; and
-(b) Twenty-five percent (25%) of the funds shall be sent to the career and technical education innovation
-and support fund established in subsection (4) of this section.
-(4) (a) There is hereby established in the State Treasury a r estricted fund to be known as the career and
-technical education innovation and support fund to receive the funds allocated under subsection (3)(b)
-of this section. The fund shall consist of moneys received from state appropriations, gifts, grants, and
-federal funds. The fund shall be administered by the Office of Career and Technical Education.
-Amounts deposited in the fund shall be used for:
-1. Supporting innovation in new or emerging career fields;
-2. Supporting state -operated area technology centers tha t may experience hardship or natural
-disasters;
-3. Personnel costs to provide technical assistance to local districts providing locally operated career
-and technical education, including technical assistance relating to the monitoring and oversight
-on the use of supplemental career and technical education funding; and
-4. Any other purposes reasonably related to improving student outcomes in career and technical
-education.
-(b) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse
-but shall be carried forward into the next fiscal year.
-(5) Beginning with the 2024 -2025 fiscal year and for each fiscal year thereafter, the Kentucky Department of
-Education shall distribute to local districts providing locally operated career and technical education and to
-state-operated area technology centers all general funds designated as supplemental funds to career and
-technical education programs, subject to the following:
-(a) A local district providing locally operated career and technical education or a state -operated area
-technology center shall maintain eligibility for receipt of federal funding pursuant to the Strengthening
-Career and Technical Education for the 21st Century Act, Pub. L. No. 115 -224, to be eligible to receive
-supplemental funding pursuant to this subsection;
-(b) All supplemental funds distributed pursuant to this subsection shall be used to improve student
-outcomes in career and technical education pathways for students in grades nine (9) through twel ve
-(12), including but not limited to student supplies, resources, materials, and equipment that is designed
-for enhanced quality of instruction in a career and technical education pathway, the purchase and
-maintenance of industry standard equipment, assis ting students with achieving technical skill
-attainment, and supporting career and technical student organization participation;
-(c) 1. Supplemental funds for career and technical education shall be divided and allocated to each
-local district providing locally operated career and technical education and to each state -operated
-ACTS OF THE GENERAL ASSEMBLY 18
-area technology center, with sixty percent (60%) dedicated for enrollment -based funding and
-forty percent (40%) for incentive-based funding.
-2. The sixty percent (60%) enrollment -based funding shall be based on a statewide full -time
-equivalent calculation of the total weighted high -cost full-time equivalents and general -cost full-
-time equivalents during the prior school year, subject to the following:
-a. The department shall then dist ribute the enrollment -based funds for each state -operated
-area technology center or local district providing locally operated career and technical
-education based on the center's or district's proportional share of the combined weighted
-high-cost full-time equivalents and general-cost full-time equivalents of the prior year;
-b. The department shall distribute the state -operated area technology center fund portion to
-the respective state -operated area technology centers and the local district fund portion to
-the respective local districts; and
-c. The department shall classify qualifying programs as either a high -cost career and
-technical education program or a general-cost career and technical education program.
-3. The forty percent (40%) incentives -based fun ding shall be based on an annual statewide
-calculation of the total number of qualifying student incentives. The calculation shall only use
-students that are in grade twelve (12) and use the total incentives earned by those students during
-secondary education at a state -operated area technology center or within a local district. Once a
-student has been included in a year's calculation, that student shall not be included in any
-subsequent year's calculation, subject to the following:
-a. Qualifying student incentives for students in their grade twelve (12) year shall include:
-i. Reaching the designation of a concentrator;
-ii. Technical skill attainment;
-iii. Completing a required number of hours or achieving a benchmark within a work -
-based learning program; and
-iv. Earning an approved career and technical education dual credit;
-b. The incentives in subdivision a. of this subparagraph shall be allotted to the state -operated
-area technology center or local district in which it was earned. Each type of incentive s hall
-only be counted once per student at state -operated area technology centers and once per
-student at local districts for a maximum of four (4) incentives per student at state -operated
-area technology centers and four (4) incentives at local districts th roughout their
-secondary career and technical education. For incentive criteria that is achieved more than
-once at state-operated area technology centers, the incentive shall be counted for the state -
-operated area technology center where it was first achie ved. For incentive criteria that is
-achieved more than once at local districts, the incentive shall be counted for the local
-district where it was first achieved;
-c. The department shall distribute incentives -based funds for each state -operated area
-technology center or local district based on the center's or district's proportional share of
-the combined number of qualifying student incentives achieved by students in grade
-twelve (12) at a state -operated area technology center or within a local district thr oughout
-their secondary career and technical education. The incentives -based funds shall be
-distributed to the state -operated area technology center or local district in which the
-incentive was achieved; and
-d. The department shall distribute the state -operated area technology center fund portion to
-the respective state -operated area technology centers and the local district fund portion to
-the respective local districts;
-(d) There shall be no mid -year adjustment to the allocation of career and technical ed ucation supplemental
-funding for a center or local district; and
-(e) Notwithstanding the restriction in paragraph (b) of this subsection, a district may submit a waiver
-request to the Office of Career and Technical Education to use a portion of its allocat ion of
-supplemental funds for career and technical education programming for students in grades (5) through
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-Legislative Research Commission PDF Version
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-19
-eight (8). The district shall submit a request which details the district's plan for career and technical
-education programming for students in grad es five (5) through eight (8). In reviewing the request, the
-Office of Career and Technical Education shall consider whether:
-1. The district details a plan for orientation and exploration of broad -based industries by giving
-students knowledge and experien ce regarding careers within these industries and exploratory or
-hands-on skills used in the industry;
-2. There is direct alignment between middle and secondary career and technical education
-pathways within the requesting district; and
-3. Such designation of supplemental funding for programming for students in grades five (5)
-through eight (8) does not have a significant detrimental impact on the programming available
-for students in secondary grades.
-(6) The Office of Career and Technical Educa tion shall monitor and provide oversight of state funds distributed
-pursuant to this section to ensure that the use of funding by eligible recipients meets the approved criteria as
-described in this section.
-(7) The Kentucky Board of Education shall promul gate administrative regulations in accordance with KRS
-Chapter 13A as may be needed in the administration of this section and for disbursement of moneys.
-(8) The Kentucky Department of Education shall publish on the department's website:
-(a) The list of al l career and technical education programs available to students and the program's
-designation as a high -cost career and technical education program or as a general -cost career and
-technical education program;
-(b) A report of the supplemental funding amount s provided to each local district and to each state -operated
-area technology center, including an explanation of the amount designated as enrollment -based funding
-and as incentives-based funding; and
-(c) A report of the administrative operations costs prov ided to each state -operated area technology center
-and to each converted career and technical education center, as well as the amount contributed toward
-the career and technical education innovation and support fund.
-Section 7. No later than November 1, 2026, the Kentucky Department of Education shall submit a study
-report to the Legislative Research Commission for referral to the Interim Joint Committee on Education on middle
-school mathematics and advanced mathematics coursework opportunities. At a min imum, the report shall address:
-(1) Existing local policies and procedures governing student assignment to advanced mathematics
-coursework in general and advanced middle school mathematics coursework specifically;
-(2) The current availability of advanced m athematics coursework in Kentucky public middle schools,
-identifying the following for public middle schools that offer advanced mathematics coursework:
-(a) Eligibility criteria for students to be identified for participation in the advanced mathematics
-coursework;
-(b) Methods for how students are being identified for participation in the advanced mathematics
-coursework;
-(c) For each school district, the number and percentage of students participating in advanced mathematics
-coursework opportunities by grade level;
-(d) For each school district, the number and percentage of students who complete advanced middle school
-mathematics coursework and enroll in Algebra I by grade 8;
-(e) The defined sequence of advanced mathematics coursework offered in grades 6 to 8 and the means of
-delivering those offerings to students, including whether the course is:
-1. Offered virtually, in person, or both;
-2. Offered exclusively to middle school students or in a combined setting with middle and high school
-students; and
-3. Taught by a teacher whose primary course load is middle school students or taught by a teacher whose
-primary course load is high school students;
-ACTS OF THE GENERAL ASSEMBLY 20
-(f) Whether any advanced mathematics coursework previously offered is no longer available to students
-and the reason for no longer offering that coursework;
-(g) How the school districts are providing appropriate staffing to support offering access to advanced
-mathematics coursework; and
-(h) Barriers the school districts encountered in providing advanced mathematics co ursework opportunities,
-and strategies for overcoming these barriers;
-(3) A list of each middle school that does not offer advanced mathematics coursework to students that
-identifies:
-(a) The accelerated learning opportunities to which middle school stude nts in each identified school are
-offered access;
-(b) The specific staffing and facility needs for each identified school to transition to offering access to
-advanced mathematics coursework;
-(c) Any scheduling constraints reported by each identified schoo l as a barrier to offering access to
-advanced mathematics coursework;
-(d) Other barriers identified by school districts to offering middle school students enrolled in each
-identified school access to advanced mathematics coursework; and
-(e) If the middle school historically offered advanced mathematics coursework, the specific reasons the
-school no longer offers that coursework;
-(4) The recent rates of participation in advanced mathematics courses of middle school students,
-identifying the n umber and percentage of students in each school district's current grade 9, grade 10, grade 11, and
-grade 12 cohorts that successfully completed designated advanced coursework in middle school;
-(5) Best-practice strategies for ensuring that students are a cademically prepared for advanced middle
-school mathematics coursework, including identification of advanced coursework opportunities or other academic
-enrichment opportunities that best prepare students for Algebra I coursework by grade 8;
-(6) Analysis o f school district capacity and needs to implement a policy providing all public school
-students in Kentucky with access to Algebra I coursework by grade 8, including but not limited to:
-(a) The availability of qualified teachers and staff to support implem entation of the policy across each
-region of the Commonwealth;
-(b) The scheduling constraints reported by each district;
-(c) Course selection availability in each district and projected enrollment caps; and
-(d) Facility, technology, and distance-learning capacity of each district;
-(7) An analysis of any curriculum gaps between advanced mathematics coursework and grade -level
-mathematics standards for the courses in which the student would otherwise be enrolled and strategies to ensure that
-advanced mathematics students master those grade-level standards; and
-(8) Legislative recommendations to promote and encourage advanced mathematics coursework for middle
-school students, including but not limited to recommended strategies for:
-(a) Automatic enrollment in advanced middle school mathematics coursework;
-(b) Identifying middle school students to participate in advance mathematics coursework; and
-(c) Small, medium, and large school districts to implement advanced mathematics coursework.
-Section 8. Notwithstand ing KRS 156.070(6), the Kentucky Department of Education is hereby authorized
-to collect data and reports from Kentucky public schools and school districts relevant to inform the study report
-required by Section 7 of this Act.
-Signed by Governor April 13, 2026.
+Page 1 of 1
+ On page 2, line 22 to page 3, line 5, delete all language; and
+On page 3, line 6, delete "(6)" and insert "(5)" in lieu thereof.

Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.