Call to Order and Roll Call
The Education Assessment and Accountability Review Subcommittee meeting was held on<Day> Friday, February 14, 2017, at 10:00 AM, in Room 129 of the Capitol Annex. Senator Mike Wilson, Chair, called the meeting to order, and the secretary called the roll.
Members: Senator Mike Wilson, Chairman, Senators Alice Forgy Kerr and Max Wise; Representatives Regina Bunch, Daniel Elliott, Derrick Graham, and Steve Riley.
Guests: Rhonda Sims, Associate Commissioner of Office of Assessment and Accountability, Kentucky Department of Education (KDE); Kevin Brown, Associate Commissioner and General Counsel, Office of Legal, Legislative and Communications, KDE; and Todd Allen, Deputy General Counsel, Office of Legal, Legislative and Communications, KDE.
LRC Staff: Joshua Collins, Yvette Perry, Avery Young, and Chris White.
Election of House Co-Chair
Representative Bunch nominated Representative Daniel Elliott for the position of House co-chair of the subcommittee. The motion was seconded by Representative Riley, who moved the nominations cease and was seconded by Representative Bunch.
Approval of November 15, 2017 Minutes
Representative Graham moved to approve the November 15, 2017 minutes, seconded by Representative Bunch. The motion passed by voice vote.
Review of Administrative Regulations - 703 KAR 5:070 Procedures for the inclusion of special populations in the state-required assessment and accountability programs.
Kevin Brown said the discussion will address a regulation regarding an individual education plan, language regarding student-initiated accommodations. After a complaint was filed with the U.S. Department of Education (USDE), Office of Civil Rights (OCR), the KDE was contacted about a provision in the regulations. While OCR did not agree with the strategy despite KDE’s input received from educators around the state, KDE entered into a voluntary settlement agreement with OCR to remove the student-initiated portion. As a result of this settlement, teachers can inform students they are entitled to a reader; however, the student has the option to decline.
In response to Representative Graham’s question, Ms. Sims said parents are always involved in making decisions and accommodations for their students. Whereas parents of middle school students can request reading the test to their child, a high school student of legal age can have private, one-on-one testing.
Ms. Sims said the accommodations occur during daily classroom experience and is used to determine which parts of daily experience can be used in a testing environment. The basis of concern came from parents after testing in FY 2014-15 due to the parent making the decision for their child. By providing that the student is directly asked, it transforms them to the decision-making role. Ms. Sims said the intention was to build and promote student independence and active learning. She said students have the right to decline the accommodation in that even in a private environment, a student may oppose being removed from class for testing.
There being no further business, the meeting was adjourned at 10:20 a.m.