Call to Order and Roll Call
The 5th meeting of the Interim Joint Committee on Education was held on Monday, October 10, 2016, at 12:09 p.m., at Jackson Independent School in Breathitt County, Kentucky. Representative Derrick Graham, 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 Danny Carroll, Jimmy Higdon, Alice Forgy Kerr, Reginald Thomas, and Johnny Ray Turner; Representatives Regina Bunch, John Carney, Hubert Collins, Leslie Combs, Jeffery Donohue, Kelly Flood, Cluster Howard, Brian Linder, Mary Lou Marzian, Tom Riner, Rita Smart, Jim Stewart III, and Wilson Stone.
Legislative Guests: Senator Brandon Smith; Representatives Joni Jenkins and Arnold Simpson.
Guests: Mike Genton, Superintendent, Jenkins Independent Schools; Wayne Young, Executive Director and General Counsel, Kentucky Association of School Administrators.
LRC Staff: Jo Carole Ellis, Joshua Collins, and Maurya Allen.
Approval of minutes of the September 12, 2016 meeting was tabled until the next meeting due to lack of quorum.
Representative Howard and Senator Smith welcomed the committee to their home district and recognized guests from the local education districts including Mr. Mike Genton, Superintendent, Jenkins Independent Schools, Mr. David Gibson, Superintendent, Breathitt County Schools, and Mr. Jim Yount, Superintendent, Jackson Independent Schools. The committee also welcomed Mr. Teddy Edmonds, a former State Representative for House District 91 who was in attendance. Mr. Yount welcomed the committee to his school and thanked the staff and students who had assisted with the setup and luncheon.
Presentation: No Kid Hungry KY
Ms. Tamara Sandberg, Executive Director, Kentucky Association of Food Banks, Mr. Reid Livingston, No Kid Hungry KY Coordinator, and Ms. Tabitha Napier, Breathitt County Schools Food Service Director, discussed the No Kid Hungry KY campaign.
Ms. Sandberg directed attention to a state map highlighting the seven food banks in the Kentucky Association of Food Banks and the areas they serve. She thanked members for their efforts in assuring funding for the association in the state budget. Food banks feed one in seven Kentuckians every year and serve all 120 counties. Last year, member food banks distributed 58 million meals. Over 220,000 children, or one in five, face hunger every day in Kentucky. About 30 percent of the student population in Breathitt County faces hunger. The counties with the highest percentages however are Wolfe (37 percent), Harlan (32 percent), and Clay (31 percent). Recent surveys show that 91 percent of homes with food insecurity purchase unhealthy food because it is cheaper. In a majority of homes, mothers will go without meals in order to provide more for their children or will water down foods such as milk and soup to make it last longer. This, unfortunately, also dilutes the nutritive quality of the food. In 67 percent of homes, parents are forced to choose between paying utilities and buying food, and in 69 percent of homes, parents are forced to choose between buying medication and buying food.
Food insecurity and childhood hunger has many long term consequences for children including higher incidence of poor health and hospitalization, lower test scores in reading and math, lower cognitive development, and challenges with mental health and peer interactions. Childhood hunger results in higher education costs. Addressing childhood hunger can have positive effects by helping to break the cycle of poverty in rural Kentucky.
Ms. Sandberg said that the Kentucky Association of Food Banks and the No Kid Hungry KY campaign are looking to increase awareness of the Summer Food Service Program. The program is federally funded through the USDA and reimburses providers who serve free meals to children and teens in low-income areas during the summer months when school is out. It is administered in the state through the Kentucky Department of Education (KDE). The program Breathitt County schools is an example of a program in action in that students come to locations such as schools, churches, and community centers to receive meals. A typical meal may be a deli sandwich, baked chips, and juice or milk. The program has been very effective and is advertised through radio and print media.
A problem in Breathitt County has been the inability of some students to travel to the sites to receive meals. To address this, the district seeks to purchase a bus to convert into a mobile site that could travel to the students. However, the district cannot afford a bus, and the purchase is not reimbursable though the program. Other problems include staffing shortages and school locations being closed in the summer for cleaning and repairs.
Ms. Sandberg mentioned the backpack food program at Breathitt County, which provides food for children in need over a weekend. Children appreciate these services.
Mr. Reid Livingston discussed the No Kid Hungry KY campaign, which is a collaborative effort between state agencies, school districts, higher education, and nonprofit organizations to address childhood hunger by increasing access to federal nutrition programs among Kentucky’s children. The 2016 goal of the campaign was a 10 percent increase in sponsors, sites, and meals served. Strategies implemented to reach that goal included increasing awareness of the program among families, engaging community organizations to serve and promote summer meals, and engaging schools to serve and promote summer meals. The collaborative developed a new logo and tagline for use in promotional materials, increased visibility through the use of social media and billboards, broadcast celebrity radio spots, distributed press releases to local news outlets, created a tool kit for use by sites to help with promotion, and reached out to local farmers’ markets. The efforts were focused this year on six target counties: Bell, Clay, Gallatin, Jefferson, Lawrence, and Rockcastle.
Mr. Livingston was pleased to report that the results are highly encouraging. The number of meals served increased by 15 percent, the number of sites increased by 30 percent, and the number of sponsors increased by 8 percent. In total, 129 new sites were established in the target counties this year. The collaborative hopes to build on the successes of this year by reaching out to state-wide agencies next year and encouraging successful schools to serve as models and mentors for new schools. The four counties that are without any summer food program service are Carlisle, Hickman, Henry, and Larue. The collaborative hopes to work with school, nonprofit, and government/military sponsors to find ways to address this so that every child has an opportunity to receive summer food service.
Representative Howard asked if there was any kind of program to provide meals to students in the winter on days when schools close due to inclement weather. Ms. Napier answered that Owsley County was currently participating in a pilot program where they either took meals to snowbound students or opened the school site to allow students who could come a place to eat. However, those programs also face the challenges of impassable roads. She hopes that the pilot program can expand to include other rural counties in the near future.
Senator Wilson asked if the No Kid Hungry KY collaborative had solicited any funding contributions from local commercial businesses, particularly to assist in the purchase of a bus for mobile feeding. Mr. Livingston said the collaborative did not currently but that it is a good idea for the future. The collaborative has looked into programs to assist in the leasing of vehicles or mini-grants for the purchase of buses but so far a practical way to finance mobile feeding sites has not been found. Ms. Napier said that the difficulty is not simply finding an inexpensive bus, but that significant modifications would need to be made to remove the seats, install tables and food prep areas, and convert the space into a full “feeding site” as required by program guidelines.
Representative Marzian commented that this discussion reminded her of former representative Paul Mason who would say that “children cannot learn if they are hungry or their teeth hurt.” In a time when there are concerns about Medicaid expansion and use of government funds, this is a shining example of tax dollars at work for good. She hopes to see continued support for this kind of program.
Representative Collins asked who had established the seven food bank districts and whether the largest district, which appeared to include many of the counties with highest need, was adequately served by its one food bank, God’s Pantry. Ms. Sandberg answered that Food Service America had established the districts about 20 years ago based on distribution of food banks and need. God’s Pantry serves the largest area, which does have the highest need, because it is the largest and has the most resources to distribute. She feels that they are equal to the challenge and all of the food banks in the association meet the needs of their districts adequately, regardless of size.
Senator Higdon spoke of his service on the Childhood Obesity Task Force and the startling evidence that children facing hunger and receiving SNAP benefits also have higher incidence of obesity. He advocated for more distribution days of benefits so that families did not have to budget so far in advance and would be less likely to purchase the unhealthy foods that have longer shelf life.
Senator Thomas referred to his visit to God’s Pantry and its impressive 40,000 square foot facility. The warehouse and associated distribution centers move a massive amount of food. He encouraged members to visit God’s Pantry.
Chairman Graham thanked the presenters for their testimony and work, and reflected on the time spent campaigning to include funding in the budget for their worthwhile mission. He apologized that it was not near enough, but it was a start. He encouraged members to visit and volunteer in their local district food banks to see in person the kind of difference they make.
Presentation: Every Student Succeeds Act Update
Mr. Stephen Pruitt, Commissioner, KDE, and Ms. Rhonda Sims, Associate Commissioner, Office of Assessment and Accountability, KDE, testified regarding the work on a new accountability system in alignment with the federal Every Student Succeeds Act (ESSA). Commissioner Pruitt thanked the members for coming to a district where they could recognize three schools on the distinguished list. He recognized Breathitt County Schools for having its first elementary school on the distinguished list. Chairman Graham congratulated the commissioner for the commendation he received from U.S. Senator Lamar Alexander at the previous committee meeting for making Kentucky a leader in ESSA implementation.
Commissioner Pruitt said that, since he last spoke to the committee, representatives from Toyota and the National Association for the Advancement of Colored People (NAACP) have been added to the accountability system steering committee. Additionally, once the system is ready for public comment, local interest groups will conduct focus sessions to gather industry/business and minority group feedback. Many of the steering committee meetings have been spent getting everyone to the same level of understanding regarding what accountability is and what it means to education.
The Systems Integration group has just begun the process of blending recommendations from the other groups into a cohesive system. The Consequential Review group has not yet begun to work; Commissioner Pruitt stated that this would be a very interesting panel to watch as it attempts to “poke holes” in the system and discover any unintended side effects that could occur upon implementation. This is a very unique but ultimately very useful panel to have as a part of the process. The Regulatory Committee will seek to support the General Assembly and the state board in their work by identifying statutes or administrative regulations that may need to be changed to align with the new system. Six regulations were repealed in the last year; the process of regulatory review will continue.
In the first few meetings of the steering committee groups, it was discovered that more time was needed, so meetings have expanded from half-day to whole-day sessions. More meeting days have been added to the calendar. He referenced a handout outlining upcoming meeting dates and assured members that he will keep them apprised as more dates are confirmed. The KDE website will also be maintained to keep the meeting process and results as open to the public as possible.
Commissioner Pruitt reiterated the sentiment that the new system does not want to rely too heavily on the state tests, and the committee is focused on accountability and limitations. He is attempting to change the conversation regarding assessment and accountability toward educating and assessing the whole child. The goal is not to use accountability as a hammer but as a flashlight to identify what is happening in schools and know what is going wrong as well as what is going right. He mentioned how the School Improvement group has been reevaluating how schools enter the priority process and how the Assessment group has been using a broader understanding of assessment to include student scores on Advanced Placement tests and attainment of industry/technical certifications. The Assessment group has also been looking to ensure that tests align with standards and ways to focus on critical thinking skills rather than rote fact memorization. The College and Career Readiness group is also expanding to consider more than college placement exams but also industry/technical certifications and seeking ways to track students beyond high school into college to truly understand whether students are well prepared for college success.
The Education Innovation group has been considering competency based assessment, “test when ready,” approaches and how districts can work together to share models of educational innovation. The Access and Opportunity group has been looking into ways of closing the achievement gap by providing more and better opportunity for students including advanced level coursework and more engaging learning environments with greater community involvement. Commissioner Pruitt said that it had been encouraging to see a combined theory of action among the groups and a common vision towards the same themes. The Kentucky Board of Education has a plan for a special meeting in January for a first reading of the related ESSA regulations and a second reading in February. However, this could change if the U.S. Department of Education adjusts the timeline for implementation, which should be known by December.
Representative Flood said that it appeared the new system would be layering on top of the existing accountability system, and this was an opportunity for KDE to evaluate and change the system. She is encouraged by the repeated reference to innovation, adaptability, and flexibility that the new system would have. The current system has done well in remembering how valuable an individual child is and she hoped that could be maintained. Commissioner Pruitt answered that data collection will be even better with the new system, allowing for a more detailed approach to individual student success. He stressed that part of the process has been asking the steering groups to forget the old system entirely and envision accountability from the ground up. The goal will be to integrate new ideas from that process with the very best aspects of the old system. Flexibility will be key; his goal as commissioner is to find a way to say “yes” more often to schools.
Representative Stone thanked Commissioner Pruitt for his commitment to visiting all of Kentucky. In reference to an earlier statement regarding graduation rates, he mentioned that a school in his district recently had 100 percent college and career ready status for their students upon graduation. He asked what the projected goal for Kentucky is likely to be in regards to college and career readiness. Commissioner Pruitt answered that it is unclear at this time because it would depend on the precise definition of college and career readiness in the system. The previous program, Diploma Plus, has expired, and a new similar program is likely to replace it. Once it is clear what that looks like, it will be easier to decide on a target percentage for the state.
Senator Higdon commended the commissioner on his approach to assessment using creativity and flexibility, especially in regards to college and career readiness. He also discussed the shortage of CDL certified bus drivers. He said that teaching CDL courses in area technology centers to 18-year-old drivers, who can be certified to drive intrastate routes, would be an innovative way to address the needs of the Commonwealth. Commissioner Pruitt said he would take that under advisement because career and technical education is very important. He hopes the new system will be able to take into account the needs of each area of the state in terms of industry/technical shortages.
Commissioner Pruitt said that he will begin another tour of the state in March. There will be a big announcement from KDE toward the end of November. Ms. Sims said that the first meeting of the Consequential Review committee will be November 1, 2016.
Presentation: 2016 HB 15 Implementation
Mr. Bob King, President, Council on Postsecondary Education (CPE), and Ms. Lee Nimocks, Vice President for Policy, Planning & Operations, CPE, testified about the implementation of training for university board members as required in 2016 House Bill 15. CPE is connected to all universities and colleges, even though the colleges and universities are not a unified system. It had become apparent to CPE that when things went wrong at a university it could often track back to a failure of the board members to understand their roles. In an effort to train and inform board members, House Bill 15 directs CPE to develop a six hour curriculum covering the role of CPE, the CPE strategic agenda and accountability system, the respective institution’s mission, budget, and finances, strategic plans and campus priorities, institutional policies and procedures, board fiduciary responsibilities, legal considerations including open records and open meetings requirements, and ethical considerations arising from board membership.
Additionally, in accordance with House Bill 15, CPE must provide continuing education for all board members either in person or electronically. New board members must complete the training within one year of appointment, and completion of the orientation program is a condition of board service and eligibility for a second term. CPE must notify the General Assembly of new board members who do not complete training requirements within the first year. Private governing board members are not required to participate but may choose to participate. The final provision of the bill is that CPE must approve the campus specific orientation programs before they can be implemented.
A stakeholder work group was developed comprised of CPE members, campus and board representatives, and the bill sponsor/representative. Campus presidents and current board chairs and vice chairs were also invited to participate in the steering group. The Association of Governing Boards and other state higher education boards, particularly those of Texas, Virginia, and West Virginia, were also useful for providing guidance and models of similar board orientation requirements. Through discussion and review, the work group found that trustees need more orientation on SACS accreditation processes/requirements, shared governance, Roberts Rules of Order, open meeting/records laws, fiduciary responsibilities, communications training, federal regulations (particularly Title IV and Title IX), the budget and policy-making process in Frankfort, and the role, statewide strategic agenda, and performance funding of CPE.
It was also found that board members like the Trusteeship Conference and value the opportunities it creates to interact and network. CPE will continue to offer the conference every two years (due to budget constraints) but will also seek to provide an annual meeting of board chairs and vice chairs to share best practices. More consistency is needed across institutions in regards to board training curriculum, which this seeks to address. Part of the six hours of training should be provided by CPE and part should be provided by the institution. The proposed delivery plan will address training curriculum, delivery method, certification procedure and annual report, campus orientation programs review and approval, and continuing education programs.
Mr. King outlined these five sections. The content for the training curriculum will be based on several elements including House Bill 15 requirements, components in current orientation programs, and legal requirements. Colleges and universities will provide campus-specific information and materials for their respective board members, and CPE will coordinate and develop state-level curriculum in partnership with campus and board professionals. There will be in-person and on-line delivery options. The in-person option will be held at a central Kentucky location and be offered in the fall. This first year it will be held in Frankfort. In years when the Trustee Conference is held, it will be offered as a pre-conference workshop in order to reduce traveling and housing expenses for attendees. An optional networking session will also be incorporated whenever possible. This will be the preferred method of delivery. The online option is expected to debut in spring of 2017 and will be available to those who are unable to attend the in-person session. The curriculum will remain the same and incorporate video clips, case studies, and lessons. A certificate of completion will be provided to attendees of either state-level method and to attendees of the campus level orientation sessions. A report on those who have not completed both parts of the orientation program in their first year of board membership will be made to the General Assembly annually.
House Bill 15 also requires CPE to approve all campus orientation programs. CPE will review and approve each campus program every five years. If a program is substantially revised within those five years, another review and approval by CPE will be required. Continuing education opportunities are also provided by CPE. The first is the Governor’s Conference on Postsecondary Education Trusteeship, which is sponsored by CPE and campuses. Attendance of all board members is not required but is strongly encouraged. This conference is held biennially due to budget constraints, but could be held annually upon mutual decision of all contributing parties. The second is the annual meeting of board chairs and vice chairs. This is held at the request of current chairs and vice chairs. If possible, it will be offered in conjunction with state-level new member orientation to enable networking opportunities. This year there are plans for a reception at the Governor’s mansion following the November training since the members are the Governor’s appointees.
Mr. King provided a list of implementation dates for the new sessions. The first state-level orientation will be November 30, 2016, in Frankfort, with online orientation available in the spring of 2017. The first certification report will be made to the General Assembly in August 2017. Campus-level orientation began in August 2016 and will continue through August 2017. The completion report for campus-level training will be due to CPE on August 11, 2017. Campus orientation programs must be submitted to CPE by December 31, 2016, for approval. CPE will review and approve plans by February 2017.
Representative Smart asked if campus orientation programs were approved by the campus Board of Regents prior to submission to CPE. Mr. King answered that he is uncertain. The plans are to be developed by campus personnel, however, so it is likely the Board of Regents will have an opportunity for input. Ms. Nimocks said it is not a requirement of the bill and that they are due to CPE by December. Mr. King said he expects to hear from members of the Board of Regents if something is found to be deficient in a campus orientation program plan.
Representative Simpson asked how this was affecting the community and technical college system, particularly in regards to their recent concerns about the appropriate role of regional boards. Mr. King answered that the regional boards of the Kentucky Community and Technical College System (KCTCS) are limited to an advisory role, and according to the law do not have any fiduciary responsibilities. As this orientation is aimed primarily at increasing the fiduciary knowledge of board members, KCTCS regional board members have not been included. A similar training program may be valuable to them, but they are not required to participate. Representative Simpson commented that the regional boards have valuable insight on the evaluation of the KCTCS president and budget needs and should potentially be added to this legislation in some way. Representative Graham indicated that he would take that under advisement and work with members of the committee to incorporate KCTCS regional boards in an appropriate way.
Senator Carroll asked about the disparity in education and fiduciary understanding among board members. Ms. Nimocks answered that, in general, most existing training programs focus on budgeting, accountability, respective campus mission, and open records/meetings law. There is a great deal of commonality among existing programs. This seeks to enhance and unify the education currently being done.
Representative Howard asked about the confusion surrounding the centralization of services at KCTCS in regards to SACS accreditation of individual campuses. Mr. King reiterated that local advisory boards could use a training program but it would be different in content to that provided the central board members. The individual KCTCS campuses are better served as units under the central board, especially in regards to budgetary requests. He said it should be made clear for accreditation what the individual campus roles are versus the centralized office.
Senator Thomas said he visited the Gatton College of Business opening at the University of Kentucky and was impressed by the state of the art building and instructional space. He was also impressed with the private fundraising efforts which allowed for it to be built and recognized Senator Kerr for her inspiring words on philanthropy which benefits both the receiver and the giver. He cautioned, however, that all universities cannot and should not be expected to self-finance projects. It will have negative consequences on the future of higher education if they cannot expect some assistance from the state budget.
The final agenda item was review of administrative regulation 702 KAR 7:065 Designation of agent to manage middle and high school interscholastic athletics. Mr. Chad Collins, General Counsel, Kentucky High School Athletics Association (KHSAA), was present to answer any questions.
There being no questions and no further business, the meeting was adjourned at 2:04 p.m. The next meeting of the committee will be November 14, 2016, at 1:00 p.m. in Frankfort, Kentucky. Senator Wilson will preside.