Call to Order and Roll Call
The 4th meeting of the Interim Joint Committee on Education was held on Monday, September 12, 2016, at 10:00 AM, in Room 154 of the Capitol Annex. Senator Mike Wilson, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Mike Wilson, Co-Chair; Representative Derrick Graham, Co-Chair; Senators Julie Raque Adams, Jared Carpenter, Danny Carroll, Alice Forgy Kerr, Gerald A. Neal, Johnny Ray Turner, Stephen West, and Max Wise; Representatives Linda Belcher, George Brown Jr., John Carney, Leslie Combs, Jeffery Donohue, Kelly Flood, David Hale, Cluster Howard, James Kay, Brian Linder, Mary Lou Marzian, Reginald Meeks, Charles Miller, Marie Rader, Tom Riner, Sal Santoro, Rita Smart, Jim Stewart III, Wilson Stone, Gerald Watkins, and Addia Wuchner.
Legislative Guests: US Senator Lamar Alexander, Tennessee; Senate President Robert Stivers.
Guests: Wayne Young, KASA; Erin Klarer, KHEAA; Annissa Franklin, Urban League; Todd Allen, KDE; Jim Evans, Superintendent Lee County Schools; Bob Rowland, KASA; Kevin Sorice and Leib Lurie, Kids Read Now.
LRC Staff: Jo Carole Ellis, Janet Stevens, Joshua Collins, Yvette Perry, Avery Young, and Christal White.
Approval of Minutes
On a motion by Representative Stone and a second by Representative Donahue, minutes of the August 15, 2016, meeting were approved by voice vote.
Non-Traditional Instruction Program
David Cook, Director of the Division of Innovation and Partner Engagement, Office of Continuous Improvement and Support, Kentucky Department of Education (KDE), said the Non-Traditional Instruction (NTI) program was enacted by the Kentucky General Assembly in 2011 for school districts who miss a significant number of school days due to weather or other emergencies. The pilot provided districts an opportunity to conduct classes through NTI methods when schools were closed.
Mr. Cook said the five districts who applied for the original pilot for 2011-2012 were Leslie, Letcher, Owsley, Powell, and Wolfe. Letcher, Owsley, Powell and Wolfe each were subsequently approved for NTI days. During the 2012-2013 and 2013-2014 school years, only Owsley and Wolfe chose to continue in the program and requested NTI days. In 2015, Leslie reapplied and was accepted into the program. Districts must apply every year to be considered for the NTI program.
Mr. Cook said the pilot’s eligibility requirements on the number of days missed limited the participating districts to eastern Kentucky. In 2014, the pilot program was amended with the enactment of HB 211, which allowed all 173 Kentucky school districts to apply for non-traditional student attendance days by lifting the requirement for districts to have missed more than 20 days per year for three years. All districts can now apply to use 10 days of NTI, although they are not required to use all of those days.
For the 2014-2015 school year, 15 districts applied to the Commissioner to participate in the program. Of the 15 applications, 13 were approved, and two were denied based on deficiencies in the applications. Of the two applications that were not approved, one district reapplied in 2014-2015 and was approved, and one district chose not to re-apply.
For the 2015-2016 school year, 44 districts were approved for the program from 52 submitted applications. This included the 13 districts from 2014-2015, plus 31 additional districts.
For the 2016-2017 school year, 72 applications were approved for the program from 77 submitted applications. This included the 44 districts from 2015-2016 and 28 additional districts. Mr. Cook said the program expansion alleviated an equity issue and has been beneficial. He said the participating districts provide evidence of student participation and learning to the Commissioner of Education. If approved, the district does not have to make up the approved days.
Mr. Cook said the NTI program application process begins in the spring of each year and covers 12 areas of emphasis: delivery of instruction, access to online resources, access to equitable materials, how the NTI program learning parallels to regular instructional days, individualized educational plans (IEP), program services plans, gifted student service plans, gathering information for evidence of learning, a professional learning plan, how certified and classified staff will report their time, and how facilities with reciprocal agreements affect the program.
Applications are scored against a four-point rubric to determine the applicants that will be recommended to the State Board of Education and the Commissioner for approval. As a requirement for NTI program recommendation, applicants must average a minimum score of proficiency of at least 3.0 on the 4.0 rubric scale on all questions. Applications not approved are returned to districts with feedback regarding deficiencies, recommendations for improvement, and encouragement to apply again in future years.
Mr. Cook said the NTI implementation process provides the districts flexibility as to how the program is used, with the option of running consecutive days or skipping days. Most districts use a blended model of instructional delivery that allow students to complete assignments online or as a paper assignment, based on their at-home internet connectivity.
During the monitoring process, each district provides written documentation, which includes lesson plans from all grade levels; samples of student work from elementary, middle, and high school; copies of teacher logs recording interaction with students; copies of teachers’ reports regarding student participation; and completed assignments.
After submission of the written documentation, KDE conducts site visits, including interviews with administrators, teachers, parents, and students. The group is asked about the process and the values found in the program. Following site visits, a random review of the district’s written documentation is conducted.
Mr. Cook said the academic benefits of the NTI program are continuity, reduction of learning loss, engaging student and teachers, and evidence of learning. The program’s non-academic benefits include increasing communication between parents and teachers; interacting with community via social media; teaching time management, independence, and problem solving to children; providing an entry point into blended learning; and avoiding the make-up days at the end of the school year.
Three instruction methods are digital learning, blended learning, and project-based learning. Digital learning tools include providing Edmodo, Blackboard, and Google Classroom; posting tutorial videos and activities on the website; and enabling teachers to maintain a digital presence. Blended learning tools include documenting projects and activities and posting electronically, and flipping the classroom approach. Project-based learning entails cross-curricular teams building long-term projects, and students working on projects when not in school.
Mr. Cook said there are challenges for districts, including funding, curriculum and technology. Regarding funding, there is no monetary allowance for transportation or food reimbursement, and there is no average daily attendance (ADA) for comparison from previous years for NTI days. The curriculum challenges include compliance of IEP/504 and the process of reviewing and enrichment versus providing new content. Technology challenges include some households having multiple students but only one electronic device or households with no internet or device access.
Mr. Cook said the oversight challenges KDE faces are flexibility for implementation of the program and the inability to monitor in person. Although the monitoring can done electronically, most monitoring is done after the fact. He said specifically tying the program to achievement improvement has been a challenge and an outside evaluation by Regional Education Lab (REL) is doing a study of the program. KDE has found it difficult to determine what part of the result is due to achievement growth as a result of NTI program compared to traditional learning. Mr. Cook said REL believes some of the better ways to evaluate the program are quality of work produced and the way in which the program is implemented and evaluated locally.
Mr. Cook said the REL team will evaluate the following areas as it relates to the NTI program: when days are used by the districts, what takes place during the day, who participates, do districts believe KDE provides adequate support, and how the days impact student outcomes. The variation ranged from two districts that used zero days up to eight districts that used all 10 of their days.
Data indicates that, while the average rate of student participation in NTI based on completed assignments is 94 percent, the average teacher participation rate is 99 percent, based on logs, time on computer, and time on phone with students and parents. Multiple measures of evidence include review of learning outcomes, results, daily staff duties, and sample lesson plans.
Kenny Bell, Wolfe County Superintendent, said Wolfe County is one of the original NTI instruction pilot districts. He said his district has more school-age child poverty than the entire state, and due to more frequently missed days and the lack of internet or devices, the closing of schools in poverty stricken areas increases the gap. With an NTI achievement rate of 94 to 95 percent, Wolfe County is among the top 10 percent for improvement in Kentucky during the pilot program. With NTI, snowbound days keep students involved in learning activities and engaged in technology. Positive comments from teachers, parents, and students demonstrate that the program is working in Wolfe County.
Mike LaFavers, Boyle County Superintendent, said that in 2014-2015, which was his district’s first year of NTI, five days of NTI were used, and three days were used last year. The powerful components Boyle County found regarding NTI are: no need to reduce school calendar days; provide incubators for ideas to see what digital learning looks like and push those ideas forward; deeper learning methods for engaging students in critical thinking activities; and student-centered, inquiry-based learning methods. The work completion rate of 98 percent during NTI exceeded the daily attendance rate of 95 percent.
In response to a question by Representative Flood, Mr. Cook said the application process has been modified. Representative Flood said that the challenge of funding for districts should fall back on the General Assembly.
In response to a question by Representative Graham, Mr. Cook said the school lunch program is FDA operated, and Owsley County was included as one of the original pilots because the need to provide meals as well as instruction on NTI days is critical.
In response to a question by Representative Graham, Mr. Cook said statewide connectivity to the internet is close to 80 percent, and high-speed internet access is available. The superintendents said the challenge is getting devices to the students. Representative Graham said it is important for parents to be well-versed about the program and understand the need for students to continue work assignments during snow or emergency days, and he is encouraged by the rate of success.
Representative Riner commended KDE for the success of NTI because it provides a policy for snowbound and illness emergencies and provides a back-up policy for major natural or man-made emergencies that may force district closure for longer periods of time.
In response to a question by Senator Carroll, Mr. Bell said technology in Wolfe County has expanded among teachers, parents, and students. To determine needs on NTI days, he instituted a mandate that each parent in the entire district be contacted. Mr. LaFavers said his district calls students and provides a learning management system called Converge, similar to Blackboard, but more K-12 friendly. The students access that site and communicate with teachers by text or email. Information provided through a survey indicated 90 percent of children have access to internet, where the information can be obtained. Students who lack internet access are offered a pre-planned paper packet of the lesson.
Instead of using the previous year’s ADA figures as attendance data for NTI days, Representative Stone suggested that the participation rate could be used.
In response to a question from Representative Stone, Mr. Cook said contract staff compensation can be shifted from the school-year calendar to summer, and classified workers can earn professional development that makes up for some of the time.
In response to Representative Howard’s question, Mr. Cook said it would be possible to incorporate a hybrid model when students are out of school in which teachers could get students started, the students would continue, and the teachers could facilitate upon returning to the classroom.
Representative Carney said the NTI can be used for a flu epidemic and much more. The NTI is a very positive program due to the quality of instruction and higher participation rates. He encouraged superintendents to present data to elected officials in the community.
Representative Combs referred to Chairman Graham’s comments regarding districts in eastern Kentucky who are more greatly affected due to internet access, technology, greater fiber speeds, and a more affordable price. Improvements in these areas will benefit both education and economic development.
In response to Senator Wise’s question, Mr. Cook said the minimum participation rate that schools must achieve is a district and local school board decision. The participation rate should be within two or three points of the district’s regular attendance rate and does not feel there is any abuse in the system of pulling students out of regular class to complete the NTI days when no technology devices are available at home. Districts set up times that are built into study times so as not to pull students away from regular class instruction.
Presentation: Every Student Succeeds Act
Senate President Robert Stivers introduced U.S. Senator Lamar Alexander, two-term Governor of Tennessee, Secretary of Education under President George Herbert Walker Bush, and three-term U.S. Senator. Senator Alexander has been recognized for his work in education for several years, most recently receiving the newly created James Madison Award to recognize members of Congress who support federalism and the 10th Amendment of the U.S. Constitution guaranteeing states’ rights. He said Senator Alexander would talk about the Every Student Succeeds Act (ESSA) and, in conjunction with that, President Stivers said the Senate will again make education accountability a priority bill and use SB 1 as the framework for defining the standards, looking at a new system of accountability, and returning more control to local systems.
Senator Alexander said Kentucky lawmakers have an opportunity to do what it wants with its future education policy with the passage of ESSA, which replaced the NCLB Act signed by President Bush in 2002. Senator Alexander said the U.S. Department of Education (USDE) has become a national school board over the last 15 years, making states jump through hoops on education policy to receive Title 1 money. Concerns about the federal government’s overreach regarding how states set education standards and policy have been addressed in ESSA.
Senator Alexander said ESSA erased the mandate of states having Common Core academic standards, as the resistance came because Washington was telling states what to do. The concept of adequate yearly progress is now moot, as is federal testing- based accountability and the federal school turnaround plan. Kentuckians will see the implementation of the Act over the next few years. States will submit their new Title I plan to the federal government between now and July 2017, and implement the plan upon its acceptance. He urged state senators and representatives to formulate their plans with lawmakers, superintendents, local school boards, and teachers. Deciding how to improve schools and education policies will return to the state with implementation of ESSA.
Representative Graham commended Senator Alexander for the bipartisan efforts of the Act and said Kentucky has set its own state standards and education policy, crafted with a coalition of educators, businesses, and legislators. He said that, as education evolves, the Kentucky core standards will change.
Senator Alexander said Kentucky lawmakers have a rare opportunity to change Kentucky’s future educational policy with the passage of ESSA for three reasons. The first reason is NCLB and its long overdue reauthorization were replaced by ESSA. Secondly, it is an opportunity for every state to write a new Title 1 plan. Title 1 funding for Kentucky is about $215 million dollars, but Kentucky spends $7.5 billion on education. The law and rules being discussed are for 3 percent of the money. Kentucky will be writing a new plan before July 2017, so there is ample time to get it right. Thirdly, it is an unusual opportunity because a new coalition of people who normally disagree on education have come to a consensus with ESSA. The National Education Association (NEA) and the American Federation for Teachers (AFT) are strongly in favor of ESSA, which provides an opportunity for a coalition, comprised of governors, chief state school officers, superintendents, school boards, principals, parents, and teachers, to create a new plan about Kentucky’s future in elementary and secondary education.
Senator Alexander said after the NCLB act was implemented in 2002, Race to the Top came next in 2009, and in 2011 came the conditional waivers, long after Congress had realized the law was unworkable. Under these systems, all schools in the country appeared to be “failing schools.” To manage the status, most states applied for a waiver from NCLB. At that time, the Education Secretary agreed to the waiver, but only in exchange for Washington to be able to dictate standards, tests for standards, federal accountability, and teacher evaluations, which created an enormous backlash from the states.
Senator Alexander expressed concerns about proposed ESSA regulations. The law must be implemented in the manner written by Congress. The proposed regulations from USDE threaten the consensus of the coalition that developed and overwhelmingly supported the bill.
The first regulation of concern regards the supplementing, not supplanting, funding provision. ESSA provides that federal money received must be in addition to what the districts are already spending. Regardless, the legislation specifically prohibited the USDE from deciding how to spend state and local money with the receipt of Title 1 money, which has been proposed in regulation. Senator Alexander said he will adamantly oppose this.
Senator Alexander said he is working with the White House and USDE Secretary to make the regulations consistent with law. One of the advantages of the new law is it includes a period of stability, which will prevent Washington from changing the rules for a specified period of time. The proposed regulations raise questions about whether Washington will try to grade academic standards on schools that are succeeding or failing.
Senator Alexander suggested working with a broad coalition of teachers, superintendents, and others between now and July 2017 to determine what is best for Kentucky. He said 90 percent of the minimum requirements the law should include are most likely being followed today in Kentucky. The state should not allow the U.S. Secretary of Education to become a national schoolboard chairman. He stressed the importance of being very outspoken regarding this topic.
Senator Alexander said it is important to recognize the difference between a federal regulation and federal guidance. A regulation has the force of law; federal guidance is only a suggestion and does not have to be followed.
Senator Alexander said each state should have a good balance in the number of state rules compared to federal rules. ESSA presents an opportunity to look at KDE’s rules and ensure there are not too many state rules that may intimidate local school districts. If the USDE does not approve the state’s ESSA plan, a rationale must be provided along with an opportunity for hearing, review, and resubmission. If the USDE still rejects, Kentucky can involve the courts.
Senator Alexander said an opportunity is provided for states to assert themselves and recognize the path to higher standards and better teaching, but the real accountability lies through Frankfort and local school boards and classroom teachers and not through Washington, D.C.
In response to a question by Chairman Wilson, Senator Alexander said Kentucky should form a coalition to set its own standards, tests, and teacher evaluations and determine what the state’s educational future should look like. Kentucky has been a leader in the past in many education areas and should continue on that path.
In response to a question by Senator Wise, Senator Alexander said that in the ESSA provisions regarding comprehensive support for lower performing schools, KDE is not required to initially intervene, but KDE approves the school district plan, monitors that plan, and decides what constitutes acceptable improvement. If progress is not made in four years or less, the USDE advises action but will not dictate to KDE what action to take.
In response to a question by Representative Watkins, Senator Alexander said it is essential to have more than one test to adequately cover accountability and competency. A single test used to judge teachers and schools is not feasible; however, the 17 federally mandated, Kentucky-designed tests in reading, math, and science are only one indicator of a teacher’s performance. Many mandated state tests may be construed as over testing but are being given to prepare students for the single federal test, which will not be necessary once law is passed. Senator Alexander said he agrees that over-testing is a problem.
In response to a question by Representative Smart, Senator Alexander said the success experienced in the priority school process in Kentucky will not change under the new federal act. KDE will continue to identify the bottom 5 percent and provide assistance to those districts. Under the new law, underperforming schools must be identified to qualify for federal money, but the plan for correction should be Kentucky’s decision.
In response to a question by Representative Stone, Senator Alexander said if local agencies need an extension of time to be fully compliant as implementation goes forward, Kentucky could request additional time. The USDE secretary proposed a regulation that would have compressed the application schedule more than Senator Alexander and Senator Murray felt is appropriate. The deadline should allow states sufficient time to establish the coalition and make recommendations. Failure to submit the plan before July 2017 will result in funds being lost for an entire school year. Representative Stone said progress in education is Kentucky’s highest priority and accuracy should be assured.
Representative Graham commended Senator Alexander and Senator Murray, who co-sponsored ESSA, for their bi-partisan efforts and emphasized non-partisan voting is essential for the important issue of education. Success in educational policies contributes to our economic development success. The Kentucky Core Standards are based on Kentucky knowledge and information gathered by engagement from parents, teachers, and the education community. Commissioner Pruitt has traveled throughout Kentucky to obtain input from schools, businesses, and the financial community. This input is crucial for policy development. Senator Alexander emphasized the need for parties to work together and make compromises for the common good of their citizens to get positive results on such an important issue. Better schools equal better jobs, but compromise between parties is important.
In response to Representative Flood’s question, Senator Alexander said the federal government’s role in holding Kentucky accountable to the goals that were set is reflected in a number of provisions in the new law. Title 1 dollars must meet certain criteria, including tests must be challenging, underperforming schools must be identified and submit a corrective plan, and results of the tests must be published and categorized by groups. He suggested a way to ensure federal dollars help the poorest children is to allow federal dollars to follow each Kentucky low-income child to the school the child chooses to attend.
Representative Carney thanked Senator Alexander for his insight on regulation issues and expressed his excitement for ESSA. He reported that Kentucky requires the 17 federal tests plus social studies at the state level, although there is some testing following local regulations.
Senator Alexander commended the testimony of Commissioner Pruitt before the U.S. Senate Education Committee on ESSA on behalf of Kentucky. He testified about the importance of adhering to the law the way it is written and the importance of having a coalition, including consultation with educators.
In response to Senator Carroll’s question, Lindsay Fryer, Senior Education Policy Advisor to Senator Alexander, said the law is very clear that students with disabilities cannot be left behind and must be included in all aspects of Kentucky’s education system. There is some flexibility for students with the most significant cognitive disabilities to take an alternative assessment. Senator Alexander said there is not as much flexibility in this area as he would like, and he is also concerned with the lack of federal funding for children with disabilities.
In response to Chairman Wilson’s question, Senator Alexander said there is a strong charter school provision and strong bi-partisan support in the U.S. Senate Education Committee. Charter schools are public schools in which teachers have more freedom to teach and parents have more freedom to choose the school. ESSA and the appropriation bills increase support for the startup and funding of charter schools. The topic of early childhood created a big difference of opinion, but compromises were made. Republicans argued that the federal government is already spending $22 billion per year on early childhood education and that communities and states should be allowed to take that money and let it follow the children in a more effective way. Democrats argues that a federally funded universal preschool education program is needed. Ms. Fryer said the compromise is that the Health and Human Services Department is working with the USDE to provide money to states to allow them to coordinate existing funding streams that are related to early childhood education and to allow for additional needs for children once the money is coordinated. Senator Alexander suggested that Kentucky look at the federal dollars coming into Kentucky and ensure that the flexibility for expenditure is effective.
There being no further business, the meeting was adjourned at 12 p.m.