Title 701 | Chapter 005 | Regulation 150REG
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EDUCATION AND LABOR CABINET
Board of Education
Department of Education
(Amended at ARRS Committee)
701 KAR 5:150.Nontraditional instruction program.
Section 1.
Definitions.(1)
"Comprehensive District Improvement Plan" shall have the same meaning as defined in 703 KAR 5:225, Section 1(3).(2)
"Continuation of learning" means the provision of rigorous educational activities that extend or maintain progress within the established curriculum and instructional sequence.(3)
"District Nontraditional Instruction Contact" means the designated individual responsible for overseeing the implementation, coordination, and compliance of nontraditional instruction activities within a school district(2)
(4)
"Instructional delivery method" means the delivery system and instructional techniques used in meeting the learning needs of students regardless of their physical location(5)
"Learning loss" means a measurable decline or stagnation in student academic performance resulting from short-term interruptions to traditional, in-person instruction.(6)(3)
"Minimum school term" or "school term" is defined in KRS 158.070(1)(b).(7)(4)
"Nontraditional instruction day" means a day during the school term that a local school district is closed for health or safety reasons that is approved by the commissioner, pursuant to KRS 158.070(9), to be the equivalent to a student attendance day.(8)(5)
"Nontraditional instruction plan" means the strategy approved by the commissioner and implemented by a local school district to ensure instruction on nontraditional instruction days is a continuation of learning that is occurring on regular student attendance days as required by KRS 158.070(9).(9)(6)
"Professional learning plan" means the strategy implemented to ensure staff in a local school district acquire, enhance, and refine the knowledge, skills, practices, and dispositions necessary to create and support high levels of learning for all students.(10)(7)
"Student attendance day" is defined in KRS 158.070(1)(e).Section 2.
Nontraditional Instruction Plan.(1)
A district seeking commissioner approval, pursuant to KRS 158.070, of a nontraditional instruction plan shall annually incorporate it within the Comprehensive District Improvement Plan.(2)
A nontraditional instruction plan incorporated within the Comprehensive District Improvement Plan shall:(a)
Provide an overview of the district's vision for ensuring a continuation of learning when implementing nontraditional instruction;(b)
Describe in detail:1.
How instruction shall be delivered for students in nontraditional settings;2.
The steps the district shall take to ensure a continuation of learning occurs for students in nontraditional settings;3.
How, if at all and to the extent permitted by applicable statutes and administrative regulations, the district shall ensure a continuation of learning occurs for those students utilizing, for any reason, nontraditional instruction during time periods when the district may be offering and providing in-person instruction to other students;4.
How the district shall ensure a continuation of learning for students with Individual Education Plans in nontraditional settings;5.
Additional efforts that may be necessary to ensure a continuation of learning for other special populations of students in nontraditional settings;6.
How the district has coordinated or will coordinate with other educational entities to ensure a continuation of learning for students in nontraditional settings;7.
How teachers shall instruct, support, and communicate with students8.
The professional learning activities the district shall provide certified staff to ensure they have the skills necessary to provide a continuation of learning for students in nontraditional settings;9.
How the district shall deploy all staff when school is closed to in-person instruction;10.
The partnerships the district has established with other community agencies to increase opportunities for a continuation of learning for students in nontraditional settings;11.
The district's communication plan for parents, students, and community members for students in nontraditional settings;12.
The district's plan for collecting and archiving the evidence of student learning samples required by Section 3(3) of this administrative regulation; and13.
The name and contact information for the districts nontraditional instruction contact.(c)
Explain how the nontraditional instruction plan relates to district goals; and(d)(d)
Provide other evidence deemed necessary by the department to effectively review and approve or deny a district's nontraditional instruction plan.(3)
The department shall provide technical assistance, upon request, to districts prior to the incorporation of a nontraditional instruction plan within the Comprehensive District Improvement Plan.(4)
A district shall submit the nontraditional instruction plan to the department by May 1 for implementation at the beginning of the upcoming school term.(5)
The commissioner or his designee shall review and approve or deny a completed nontraditional instruction plan within forty-five (45) days from receipt.(6)
An approved nontraditional instruction plan shall be effective only for one (1) school year.(7)(6)
(a)
A district approved to participate in the nontraditional instruction program may amend its nontraditional instruction plan as needed at any time by submitting a written amendment request to the department.(b)
The amendment request shall contain a description of the amendment, proposed timeline for implementation, and justification for the request.(c)
The Commissioner or his designee shall review the amended nontraditional instruction plan and approve or deny it within forty-five (45) days of the amendment submission.(d)
Amendments made to a district approved plan shall not be implemented until after the amendment is approved by the department.Section 3.
Documentation(1)
Upon approval of a district's nontraditional instruction plan,(2)
(2)
An approved nontraditional instruction plan grants the district the ability to use one (1) or more nontraditional instruction days. Each day shall(3)
(3)
Districts shall maintain an archive of clear evidence demonstrating that a continuation of learning from regular student attendance days occurs on nontraditional instruction days. Clear evidence may include:(a)
Examples of student work;(b)
Lesson plans;(c)
(c)
Reports from online learning management systems;(d)
Examples of teacher-student communication; or(e)
Other documentation determined appropriate by the district nontraditional instruction contact in consultation with the Department.(4)
The district archive described in subsection 3 of this section shall include the following:(a)
For students in Kindergarten through Fifth Grade, one (1) piece of clear evidence of student learning for each grade level for reading, math, and one (1) other content area for each nontraditional instruction day; and(b)
For students in sixth through twelfth grade, one (1) piece of clear evidence of student learning for each grade level in each content area for each nontraditional instructional day.Section 4.
Monitoring(1)
At the conclusion of each school term, a district(2)
If monitoring(a)
Be made following adequate advanced notice to the district; and(b)
Include the gathering of information through the examination of records related to the district's implementation of the approved nontraditional instruction plan, including amendments if applicable, and through interviews with district leadership, staff, and students as well as other stakeholders.(3)
In addition to any monitoring(a)
Documentation of the instructional delivery methods used on nontraditional instruction days;(b)
Evidence demonstrating the district provides access on nontraditional instruction days to online resources, if used, and equitable instructional materials for students who do not have access to the internet and for students needing to access information differently;(c)
Clear evidence demonstrating a continuation of learning from regular student attendance days occurs on nontraditional instruction days;1.
2.
3.
(d)
Evidence demonstrating the district ensures implementation of Individual Education Programs for students with disabilities, including the involvement of the Admissions and Release Committee in planning for and making decisions related to the participation and needs of students with disabilities, on nontraditional instruction days;(e)
Evidence demonstrating the district ensures implementation of other student-specific educational plans, including Program Service Plans for English Learners and Gifted Student Service Plans for students identified as gifted and talented, on nontraditional instruction days;(f)
Data demonstrating student participation and student learning on nontraditional instruction days;(g)
Evidence demonstrating how each job category within the district fulfills contractual obligations on nontraditional instruction days and data, including teacher work logs, demonstrating employee participation on nontraditional instruction days;(h)
The professional learning plan implemented by the district to ensure certified staff have the knowledge and capacity to provide instruction on nontraditional instruction days and evidence demonstrating implementation;(i)
Where appropriate, agreements about nontraditional instruction days between the district and educational agencies that are external to the district but have students of the district in attendance on a part-time or full-time basis;(j)
Evidence demonstrating stakeholder involvement in developing and implementing nontraditional instruction days;(k)
Methods used by the district to relay information about nontraditional instruction days to students and families; and(l)
Other evidence deemed necessary by the department to effectively monitor the implementation of the approved nontraditional instruction plan, including amendments if applicable.Section 5.
Corrective Action.(1)(4)
The commissioner or his designee may require a period of corrective action and enhanced monitoring(2)(5)
If the determination to require corrective action was made as the result of off-site monitoring, the district (a)
(b)
(c)
(3)
Following the on-site monitoring, the Department shall(a)
A description of each area of noncompliance identified by the monitoring team and the supporting evidence used to identify the area of noncompliance;(b)
Specific actions to be taken by the district to remedy issues of noncompliance; and(c)
A timeline for the completion of the specific actions required in paragraph (b) above.(4)
A district shall be released from corrective action following the successful completion of the corrective action plan.(5)
A district that has exited corrective action shall undergo an on-site monitoring visit in the school year following the completion of the corrective action plan to ensure that compliance has been sustained.This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Board of Education, as required by KRS 156.070(5).
CONTACT PERSON: Todd G. Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321, email: regcomments@education.ky.gov.
EDUCATION AND LABOR CABINET
Board of Education
Department of Education
(Amended at ARRS Committee)
701 KAR 5:150.Nontraditional instruction program.
Section 1.
Definitions.(1)
"Comprehensive District Improvement Plan" shall have the same meaning as defined in 703 KAR 5:225, Section 1(3).(2)
"Continuation of learning" means the provision of rigorous educational activities that extend or maintain progress within the established curriculum and instructional sequence.(3)
"District Nontraditional Instruction Contact" means the designated individual responsible for overseeing the implementation, coordination, and compliance of nontraditional instruction activities within a school district.(4)
"Instructional delivery method" means the delivery system and instructional techniques used in meeting the learning needs of students regardless of their physical location .(5)
"Learning loss" means a measurable decline or stagnation in student academic performance resulting from short-term interruptions to traditional, in-person instruction.(6)
"Minimum school term" or "school term" is defined in KRS 158.070(1)(b).(7)
"Nontraditional instruction day" means a day during the school term that a local school district is closed for health or safety reasons that is approved by the commissioner, pursuant to KRS 158.070(9), to be the equivalent to a student attendance day.(8)
"Nontraditional instruction plan" means the strategy approved by the commissioner and implemented by a local school district to ensure instruction on nontraditional instruction days is a continuation of learning that is occurring on regular student attendance days as required by KRS 158.070(9).(9)
"Professional learning plan" means the strategy implemented to ensure staff in a local school district acquire, enhance, and refine the knowledge, skills, practices, and dispositions necessary to create and support high levels of learning for all students.(10)
"Student attendance day" is defined in KRS 158.070(1)(e).Section 2.
Nontraditional Instruction Plan.(1)
A district seeking commissioner approval, pursuant to KRS 158.070, of a nontraditional instruction plan shall annually incorporate it within the Comprehensive District Improvement Plan.(2)
A nontraditional instruction plan incorporated within the Comprehensive District Improvement Plan shall:(a)
Provide an overview of the district's vision for ensuring a continuation of learning when implementing nontraditional instruction;(b)
Describe in detail:1.
How instruction shall be delivered for students in nontraditional settings;2.
The steps the district shall take to ensure a continuation of learning occurs for students in nontraditional settings;3.
How, if at all and to the extent permitted by applicable statutes and administrative regulations, the district shall ensure a continuation of learning occurs for those students utilizing, for any reason, nontraditional instruction during time periods when the district may be offering and providing in-person instruction to other students;4.
How the district shall ensure a continuation of learning for students with Individual Education Plans in nontraditional settings;5.
Additional efforts that may be necessary to ensure a continuation of learning for other special populations of students in nontraditional settings;6.
How the district has coordinated or will coordinate with other educational entities to ensure a continuation of learning for students in nontraditional settings;7.
How teachers shall instruct, support, and communicate with students to ensure academic progress as well as promote social and emotional well-being for students in nontraditional settings;8.
The professional learning activities the district shall provide certified staff to ensure they have the skills necessary to provide a continuation of learning for students in nontraditional settings;9.
How the district shall deploy all staff when school is closed to in-person instruction;10.
The partnerships the district has established with other community agencies to increase opportunities for a continuation of learning for students in nontraditional settings;11.
The district's communication plan for parents, students, and community members for students in nontraditional settings;12.
The district's plan for collecting and archiving the evidence of student learning samples required by Section 3(3) of this administrative regulation; and13.
The name and contact information for the districts nontraditional instruction contact.(c)
Explain how the nontraditional instruction plan relates to district goals; and(d)
Provide other evidence deemed necessary by the department to effectively review and approve or deny a district's nontraditional instruction plan.(3)
The department shall provide technical assistance, upon request, to districts prior to the incorporation of a nontraditional instruction plan within the Comprehensive District Improvement Plan.(4)
A district shall submit the nontraditional instruction plan to the department by May 1 for implementation at the beginning of the upcoming school term.(5)
The commissioner or his designee shall review and approve or deny a completed nontraditional instruction plan within forty-five (45) days from receipt.(6)
An approved nontraditional instruction plan shall be effective only for one (1) school year.(7)
(a)
A district approved to participate in the nontraditional instruction program may amend its nontraditional instruction plan as needed at any time by submitting a written amendment request to the department.(b)
The amendment request shall contain a description of the amendment, proposed timeline for implementation, and justification for the request.(c)
The Commissioner or his designee shall review the amended nontraditional instruction plan and approve or deny it within forty-five (45) days of the amendment submission.(d)
Amendments made to a district approved plan shall not be implemented until after the amendment is approved by the department.Section 3.
Documentationof Nontraditional Instruction Days.(1)
Upon approval of a district's nontraditional instruction plan, the commissioner may approve the use of nontraditional instruction days on days when the district is closed for health or safety reasons pursuant to KRS 158.070.(2)
An approved nontraditional instruction plan grants the district the ability to use one (1) or more nontraditional instruction days. Each day shall be properly recorded in the statewide student information system prior to the last day of the school year.(3)
Districts shall maintain an archive of clear evidence demonstrating that a continuation of learning from regular student attendance days occurs on nontraditional instruction days. Clear evidence may include:(a)
Examples of student work;(b)
Lesson plans;(c)
Reports from online learning management systems;(d)
Examples of teacher-student communication; or(e)
Other documentation determined appropriate by the district nontraditional instruction contact in consultation with the Department.(4)
The district archive described in subsection 3 of this section shall include the following:(a)
For students in Kindergarten through Fifth Grade, one (1) piece of clear evidence of student learning for each grade level for reading, math, and one (1) other content area for each nontraditional instruction day; and(b)
For students in sixth through twelfth grade, one (1) piece of clear evidence of student learning for each grade level in each content area for each nontraditional instructional day.Section 4.
Monitoring of Nontraditional Instruction Programs.(1)
At the conclusion of each school term, a district may be required to participate in monitoring conducted by a review team selected and trained by the department. The purpose of the monitoring is to monitor the district's progress in implementing the approved nontraditional instruction plan. Monitoring may be performed on or off site as determined by the Commissioner or his designee.(2)
If monitoring is conducted by the department, it shall:(a)
Be made following adequate advanced notice to the district; and(b)
Include the gathering of information through the examination of records related to the district's implementation of the approved nontraditional instruction plan, including amendments if applicable, and through interviews with district leadership, staff, and students as well as other stakeholders.(3)
In addition to any monitoring that may be conducted pursuant to subsections (1) and (2) of this section, a district shall, upon request, make the following available for inspection by the department:(a)
Documentation of the instructional delivery methods used on nontraditional instruction days;(b)
Evidence demonstrating the district provides access on nontraditional instruction days to online resources, if used, and equitable instructional materials for students who do not have access to the internet and for students needing to access information differently;(c)
Clear evidence demonstrating a continuation of learning from regular student attendance days occurs on nontraditional instruction days;(d)
Evidence demonstrating the district ensures implementation of Individual Education Programs for students with disabilities, including the involvement of the Admissions and Release Committee in planning for and making decisions related to the participation and needs of students with disabilities, on nontraditional instruction days;(e)
Evidence demonstrating the district ensures implementation of other student-specific educational plans, including Program Service Plans for English Learners and Gifted Student Service Plans for students identified as gifted and talented, on nontraditional instruction days;(f)
Data demonstrating student participation and student learning on nontraditional instruction days;(g)
Evidence demonstrating how each job category within the district fulfills contractual obligations on nontraditional instruction days and data, including teacher work logs, demonstrating employee participation on nontraditional instruction days;(h)
The professional learning plan implemented by the district to ensure certified staff have the knowledge and capacity to provide instruction on nontraditional instruction days and evidence demonstrating implementation;(i)
Where appropriate, agreements about nontraditional instruction days between the district and educational agencies that are external to the district but have students of the district in attendance on a part-time or full-time basis;(j)
Evidence demonstrating stakeholder involvement in developing and implementing nontraditional instruction days;(k)
Methods used by the district to relay information about nontraditional instruction days to students and families; and(l)
Other evidence deemed necessary by the department to effectively monitor the implementation of the approved nontraditional instruction plan, including amendments if applicable.Section 5.
Corrective Action.(1)
The commissioner or his designee may require a period of corrective action and enhanced monitoring of a district's nontraditional instruction program as a result of evidence collected pursuant to monitoring conducted under Section 4 of this administrative regulation.(2)
If the determination to require corrective action was made as the result of off-site monitoring, the district shall receive a site visit from a review team selected and trained by the department. The site visit shall include the same requirements as the on-site monitoring visit established in Section 4 of this administrative regulation.(3)
Following the on-site monitoring, the Department shall develop a corrective action plan in collaboration with the district. The corrective action plan shall include:(a)
A description of each area of noncompliance identified by the monitoring team and the supporting evidence used to identify the area of noncompliance;(b)
Specific actions to be taken by the district to remedy issues of noncompliance; and(c)
A timeline for the completion of the specific actions required in paragraph (b) above.(4)
A district shall be released from corrective action following the successful completion of the corrective action plan.(5)
A district that has exited corrective action shall undergo an on-site monitoring visit in the school year following the completion of the corrective action plan to ensure that compliance has been sustained.This is to certify that the chief state school officer has reviewed and recommended this administrative regulation prior to its adoption by the Kentucky Board of Education, as required by KRS 156.070(5).
CONTACT PERSON: Todd G. Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321, email: regcomments@education.ky.gov.