Call to Order and Roll Call
The 6th meeting of the Interim Joint Committee on Education was held on Monday, November 14, 2016, at 1:00 PM, 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, Jimmy Higdon, Alice Forgy Kerr, Gerald A. Neal, Reginald Thomas, Johnny Ray Turner, Stephen West, and Max Wise; Representatives Linda Belcher, George Brown Jr., Regina Bunch, Hubert Collins, Leslie Combs, Jim DeCesare, Jeffery Donohue, Kelly Flood, Cluster Howard, James Kay, Brian Linder, Mary Lou Marzian, Reginald Meeks, Charles Miller, Ruth Ann Palumbo, Marie Rader, Tom Riner, Sal Santoro, Rita Smart, Wilson Stone, Addia Wuchner, and Jill York.
Guests: Eric Kennedy, KSBA; Erin Klarer, KHEAA; and Wayne Young, KASA.
LRC Staff: Jo Carole Ellis, Janet Stevens, Joshua Collins, Yvette Perry, and Christal White.
Approval of minutes
On motion by Representative Collins and second by Representative Graham, the minutes of the September 12, 2016, meeting were adopted by voice vote.
On motion by Representative Belcher and second by Representative Donahue, the minutes of the October 10, 2016, meeting were adopted by voice vote.
Report of Subcommittee on Elementary and Secondary Education
Chairman Stone reported the Subcommittee on Elementary and Secondary Education heard presentations from parents and teachers of exceptional students.
Staff from Kentucky Youth Advocates and parents of special needs students explained problems associated with the current testing program and how decisions made in ARC meetings impact the lives of special needs students throughout their entire school career. Presenters offered suggestions on how to make special education programs more transparent, consistent, and accountable. The second presentation was made by a special education teacher who is also the parent of a dyslexic child who shared the difficulties these children face on a daily basis. She said dyslexia is not an area discussed in any pre-service college courses, although teachers should be introduced to specific strategies to work with dyslexic children.
Report of Subcommittee on Postsecondary Education
Chairman Howard reported the Subcommittee on Postsecondary Education heard a presentation regarding campus safety at Kentucky’s public universities. Robert King, President, Council on Postsecondary Education, said that the Michael Minger Act and the federal Clery Act both require postsecondary institutions to disclose criminal activity and issue notices of emergency situations. These Acts have helped ensure the safety of postsecondary staff and students and have made safety a priority on university campuses. Staff from Eastern Kentucky University explained the organization of the university’s safety and security departments and pointed out the necessity of teamwork with both on and off campus resources and the need to do what is reasonable and prudent in order to keep students and faculty safe. Representatives from Western Kentucky University (WKU) discussed Title IX Compliance and Sexual Assault. WKU reported 13 incidents of sexual assault during the current semester, and the majority of instances involved intoxication. The committee watched videos used by WKU staff when training students regarding sexual assault, consent, and an active shooter incident. Kentucky Community and Technical College System (KCTCS) explained their approach to safety and security on more than 70 of their campuses. KCTCS has a Director of Operations and Emergency Services position responsible for safety oversight of all campuses and each campus is responsible for their own security personnel. KCTCS is also improving their security notification system by making notifications available on mobile devices.
New Orleans Recovery School District
Chairman Wilson introduced Dana Peterson, Deputy Superintendent of External Affairs, Recovery School District (RSD). RSD is a special district of the Louisiana Department of Education (LDE) charged with an unprecedented challenge and opportunity to tackle and transform chronically underperforming schools. As a member of the superintendent's executive team, Mr. Peterson is tasked with crafting strategies for parent and stakeholder engagement and developing effective communication strategies for key RSD policies and initiatives.
Mr. Peterson discussed Louisiana’s experience with charter schools, assisting struggling schools, and improving student outcomes after approval by the Louisiana legislature in 2003. Although significant progress has been made, more improvement is needed.
Mr. Peterson attributes progress to New Orleans being the first city in which 90 percent of public school students attend a public charter school and work hand-in-hand with high-quality, independent, mission-driven, non-profit organizations for improving struggling schools. The schools were given standards of expected progress and accountability measures to ensure improved student performance. Also provided are core functions and services to ensure equal and fair access to all public schools. New Orleans fostered and developed new programs to meet the needs of students in special subgroups not being adequately served. As envisioned, the school district successfully serves a different purpose than manager of day-to-day operations of schools. In New Orleans, RSD has oversight of 49 autonomous charter schools and works closely with the local school districts, which also run 22 charter schools of their own.
Prior to 2005 and Hurricane Katrina, more than two-thirds of students attended failing schools. Today, 81 percent of New Orleans students attend schools that are not labeled as failing, and two-thirds of students attend schools that are rated A, B, or C by the state accountability system.
In 2005, approximately 125 schools in New Orleans served 65,000 public school students. The newly created RSD managed five chronically under-performing schools who consistently fell below the state’s acceptable level for four consecutive years. After Hurricane Katrina, more than two-thirds of schools in New Orleans were placed into the RSD. The first few years were spent getting the system up and running as students and families were returning to the city. Today 30,000 children attend public schools within the RSD in New Orleans and 45,000 public school students attend either a RSD charter school, a local Parish school, a district charter school, or a Type 2 charter school.
Gains are attributed to the strategic use of charter schools by placing the curriculum, staff, budgets, expenditures, and other pertinent decisions in the hands of individuals closest to students. In exchange for the autonomy and the enormous amount of responsibility, the RSD and local school districts hold schools accountable through a performance contract. When a contract is eligible for renewal, the performance is assessed to determine if objectives have been met. If the terms of the contracts are achieved, the schools get renewal contracts; however, if the terms are not met, those school managers will be replaced with other school operators.
Mr. Peterson said the key leverage in the New Orleans system is the amount of authority given to under-performing schools to determine an improvement plan and the authority to assign charter school operators control using proper management. He said another option is to start new schools or close schools which are unable to meet the needs of students in the district or the needs of the city.
Ninety-four percent of RSD students are economically disadvantaged and 13 percent are students with disabilities compared to statewide averages of 69 percent who are economically disadvantaged and 11 percent with disabilities.
The growth of the average ACT composite scores and graduation rates are positive signs and impressive gains for students in the New Orleans RSD.
Although the RSD does not manage schools directly, strong focus is placed on equity for all students. Traditional attendance zones have been removed to ensure all students and families have fair and equitable access to schools across the cities. The Unified Enrollment System (UES) helps manage not only how students enter schools through enrollment but also manages the expulsion process for students throughout the system.
Mr. Peterson said intense focus is placed on students with disabilities through employing a differentiated funding formula for students. Schools that serve a disproportionate number of students with disabilities have extra resources to ensure a quality learning environment. He said they also developed diverse programs for specific groups of students such as the Youth Opportunity Center designed to decrease chronic absenteeism and the New Orleans Therapeutic Day Program for students who suffer from severe behavioral and mental health disorders. Louisiana is currently working to develop a Career and Technical Education Center to provide additional opportunities for students who desire career and technical training to access high-wage and high-growth jobs in the region and want an option to attend two- or four-year colleges later. Louisiana is focusing on these areas to ensure no students fall through the gaps while also using an oversight and authorizing capacity to ensure charter schools are meeting the needs of students and families in the district.
Mr. Peterson said Louisiana is proud of the successes achieved and stressed the need for continued progress to reach goals so every student in New Orleans has access to a great public education.
Last spring, the Louisiana legislature passed Act 91 which created a pathway to return New Orleans RSD schools back to the local district, who has worked closely with RSD schools to implement specific programs discussed earlier. Mr. Peterson said the continued work is to rebuild and repurpose RSD into one that does not manage schools directly but understands its role of authority to ensure equity while putting decision making power with the day-to-day operators of schools.
In response to Senator Wilson’s question, Mr. Peterson said serving as a strong authorizer is the most important aspect of RSD’s work. He said of the six different types of charter schools, the specific type regarding RSD’s work are Type 5 Charter Schools, designed to serve as replacements or turnarounds for underperforming schools. He said the authorizer’s role is to ensure recruitment of mission-driven, non-profit organizations who have a track record of performance in educating students of similar student population and student demographics. While the RSD ensures families have fair access, the school has autonomy over decision making in terms of staffing, curriculum, budgets, and programs. State policy is clear regarding the accountability system’s expectations for improvement or lack thereof. If no improvement is made, the operator or charter school organization will no longer run the school. The next decision of the RSD is to recruit additional operators to run the school as a traditional district. If that isn’t an option, the school will be closed, and the RSD will ensure the students have priority in enrolling in higher performing schools or they will authorize new schools. The RSD uses a combination of strategies to develop a system of schools to meet the needs of students. Mr. Peterson said that by serving in the authorizer role, RSD has the responsibility of ensuring schools meet the terms of the agreements or replace them. Because it is a privilege and responsibility to become an operator to educate the children of Louisiana, it is a role that is taken very seriously and requires tough decisions that are not always popular within the system. Mr. Peterson said the RSD is the authorizer and provides the day-to-day oversight. The oversight for the RSD is the Louisiana State Department of Education through the State Board of Elementary and Secondary Education, which authorizes recommendations to open new schools or close existing schools.
In response to Senator Carroll’s question, Mr. Peterson said charter schools are required to meet the academic, organizational, and financial standards of traditional schools although traditional schools are not always held to the same repercussions for consistently underperforming. Specialized programs are allowed within schools as specific needs are recognized and a smaller program can be created within a school to meet its needs.
In response to Representative Collins’ question, Mr. Peterson said charter schools have the latitude to hire non-certified teachers who are required to work toward certification and can use alternative pathways provided to achieve this goal. He said schools have learned it is important for teachers to have the knowledge of classroom management, have specific knowledge in content areas, and be highly effective.
In response to Representative Stone’s question, Mr. Peterson said while two-thirds of students had previously experienced failing schools, the percentage of children in successful schools is much higher. He said characteristics of a successful school include principals and teachers who are able to adjust through the use of data and make decisions quickly in terms of approaching learning for the students. The previous school system was a bureaucratic, centralized system of authority mandating specific programs and methods of instruction. He said parents are now empowered to make choices among schools that best fit the student’s needs.
In response to Senator West’s question, Mr. Peterson said annual state assessments are administered in the spring and schools are held accountable through end-of-course tests, ACT scores, and graduation rates. He said schools have other internal interim assessments to ensure adequate progress is being made. Charter schools and public schools administer the same tests.
Mr. Peterson said non-traditional attendance zones were created out of necessity due to the aftermath of Hurricane Katrina as the devastation created a change in housing patterns. The first year after the storm, there were roughly 12,000 public school students, two years later the school population was 25,000, and enrollment today stands at 44,000 public students, still shy of the 65,000 students prior to the hurricane. He said the UES was designed to allow families to apply anywhere in the city, with up to eight choices and ranked by preference. Families are then assigned and notified of the highest ranked single choice available. Most schools are open enrollment/open admission schools while four schools in the city have admissions criteria. Ninety percent of public schools are part of the enrollment process and eventually all schools in New Orleans will be part of the UES. Each geographic zone has a number of different school options within each zone, and schools can reserve up to 50 percent of the available seats in those schools for families that live in the zone. Since the schools are required to provide transportation, the RSD has found that parents and families are not necessarily choosing schools within the zone, but selecting the schools which best fits the needs of the student.
In response to Chairman Higdon’s question, Mr. Peterson said charter schools have been highly effective in changing the direction of failing schools, as is evidenced by significant progress in performance data and test scores. Because all charter schools, as well as traditional public schools, may not be created equal, validation is given to the importance of strong authorization, oversight, and accountability to ensure the needs of students are being met. A charter school has much more likelihood of being shut down for underperformance than a traditional school, which has given Louisiana leverage in terms of driving progress.
In response to Representative Graham’s question, Mr. Peterson said specific data is available comparing school performance prior to the start of charter schools to now. He referred the committee to the website LouisianaBelieves.com to review the individual school report cards and the accountability data. In 2005, 23 percent of students performed on grade level in reading and math compared to 59 percent in 2015. Although this indicates tremendous progress, four out of 10 students not performing on grade level reveals the need for more improvement. The 2007 high school graduation rate in New Orleans was 54 percent, and is now 74 percent, an increase of 20 percent. In addition, the number of students attending college is greater today than it was 10 years ago when the system had 15,000-20,000 more public school students. Students with disabilities are graduating at a higher rate than the state average. African American male students are graduating at a higher rate in New Orleans than the state average, which was not the case 10 years ago. Although there are subjective data points that are reflective of significant progress, that progress should not be confused with success as there is much improvement needed to ensure students are successfully prepared for college and beyond. Mr. Peterson referred to a report by Professor Doug Harris from Tulane University’s Educational Research Alliance on the impact of the decisions on student outcomes and school performance scores. The study overwhelmingly found a positive impact was made through the use of charter school turnaround and charter school takeover.
In response to a question by Senator Neal, Mr. Peterson said the system has transparency with respect to oversight and accountability. Assessments are performed on organizational and financial capacity where certain metrics must be achieved. Since public schools are involved, open meeting laws and access to public information are required as would be required in any traditional school district. He said there are monthly board meetings with proper notification and submission of financial budgets to LDE.
In response to a question by Representative Meeks, Mr. Peterson said New Orleans spends $9500 per pupil. The RSD created a partnership of differentiated funding between the local school district and the New Orleans School District whereby schools are given their per pupil funding and a portion is set aside for students with specific characteristics including special education, non-English language students, over-age students, and students with special needs. Additional weight is assigned to these groups and additional funding from the funds set aside is provided to support the educational programming for special need students. Schools which have a greater number of special need students receive additional funding. He said the RSD charter schools receive federal government funding along with any funding assigned to at-risk schools. Schools support their work through private philanthropy and fundraising. The first five charter schools spent $10,500 annually per student, or an additional $1,000 more per pupil. Two percent of the funds are used to administer the district, including the unified enrollment system, the youth opportunity center, and the therapeutic day program. Mr. Peterson said New Orleans spends $500 million annually on public education, which includes the RSD, charter schools, and the local school districts including local, state, and some federal money. Ninety-five percent of the $500 million is used at the school level and in classrooms and not for overhead in central office systems.
In response to a question by Senator Kerr, Mr. Peterson said the creation of the RSD by law said any school deemed academically unacceptable by the state for four consecutive years would be eligible to be placed into the RSD. Before Hurricane Katrina, five schools fit the category. After Hurricane Katrina, a number of other schools qualified and some other schools in other parishes were placed into the RSD. The law also said those schools could remain in the RSD for a minimum of five years, which was later amended to allow the charter school governing boards to make decisions about whether or not to return to the authority of the local school district. Most schools chose to remain as part of the RSD. Act 91 created a pathway to return schools in New Orleans back to local authority by July, 2018 and was widely supported by charter school advocates, local control advocates, and the legislative delegation. Codified in law were the autonomy schools have over decision making for curriculum, staffing, and budgeting. When schools return, they will remain autonomous. Schools need to be part of the UES to ensure equity and fairness across the system. The system will be transitioned and managed by the local school system and the differentiated funding program will remain in place as schools transition back to local school system. The New Orleans’s parish school superintendent will have a certain amount of authority in decisions of the local school system, thereby removing some of the potential impact of local politics. Superintendent recommendations can be overturned only if more than two-thirds of the local school board agrees. The local school board retains policy-making and fiduciary responsibility for the system. Mr. Peterson said the RSD is working closely with the local school system to prepare for the transition of these schools.
EdChoice KY
A presentation for EdChoice KY was given by Andrew Vandiver, Associate Director of the Catholic Conference of Kentucky, and Heather Huddleston, Executive Director of School Choice Scholarships. Both are board members of EdChoice KY.
Mr. Vandiver said EdChoice KY is a coalition of individuals supporting the expansion of educational opportunities for all Kentucky students through the use of a scholarship tax credit program. This will allow all students to have high quality educational opportunities and resources that low to middle income families often lack.
Mr. Vandiver said the scholarship tax credit program allows individuals and businesses to donate to scholarship-granting organizations and receive a non-refundable tax credit. Seventeen organizations across the country award need-based scholarships for students to attend a non-public school best suited for their needs.
Ms. Huddleston manages the Louisville based non-profit School Choice Scholarships (SCS), a non-profit organization that grants need-based scholarships to K-8 students to attend any school of their choosing in Jefferson and Oldham Counties. SCS awarded scholarships to 374 students in 51 schools in the Louisville area. The students were selected from 3,500 applications.
Mr. Vandiver said the program is supported by private donations but its goal is to reach more organizations across the state by allowing more children access to the classroom best suited for their needs. The program has broad public and bi-partisan support with a 73 percent favorable view of scholarship tax credits.
Regarding student outcome, Mr. Vandiver said a vast majority of studies show a positive impact by providing an appropriate fit for students with unique needs to access the classes that work best for them. Competitively, 30 states have school choice laws, including Kentucky’s surrounding neighbors of Indiana, Ohio, Tennessee, Virginia, and Illinois. If Missouri passes a school choice law next year, Kentucky and West Virginia will be the remaining states in our geographic region without school choice laws.
Mr. Vandiver said the fiscal impact of school choice on taxpayers and public schools found that out of the 28 studies conducted, 25 programs saved money and three found that the programs were revenue neutral. An independently prepared fiscal note estimates that legislation introduced in 2016 would have resulted in a net combined positive impact equal to $13.1 million in Kentucky. He recommended supporting legislation in 2017 to create a scholarship tax credit program in Kentucky.
Ms. Huddleston said EdChoice KY is a need-based scholarship rather than merit based and students must qualify for the federal Free and Reduced Lunch Program to be considered.
Every Student Succeeds Act Update
KDE Commissioner Stephen Pruitt gave a monthly update on the new accountability system, which is reaching a point where substantive content is emerging. The five work groups are assessment, college- and career- readiness, education innovations, opportunity and access, and school improvement. These groups sent their initial recommendations to the Systems Integration Work Group (SIWG) for review to ensure the recommendations are logical. The SIWG has forwarded its initial recommendations to the Accountability Steering Committee with a scheduled timeline addressing the issues. KDE plans to have a special meeting of the Kentucky Board of Education (KBE) in January for a first reading of the related regulation and a second reading in February unless the U.S. Department of Education adjusts the timeline for implementation of the system in their regulations.
Commission Pruitt announced a special informational meeting is scheduled for November 28th to discuss charter schools.
In response to Representative DeCesare’s comment, Commissioner Pruitt said the KDE and KBE will have open and frank discussions to ensure a mutual understanding of charter schools. Mr. Pruitt said KDE will hold a public hearing in December and invite and encourage people to state their opinions and be an interactive part of the discussion.
In response to Senator Wilson’s question, Mr. Pruitt said initial plans were that the regulation would receive a first reading in January, however, that is contingent on whether the completion of the regulations and feedback for necessary adjustments are received in time and whether the USDE will allow more time. Mr. Pruitt will find out if the regulations must be in place before the timeline date.
Senator Wilson commended the members of the committee. He recognized outgoing members of the committee and thanked them for their service in the legislature and on the committee. He also commended the LRC staff.
Representative Graham commended current and former members of the Education Committee. He said a strong public education is essential for the children of our Commonwealth and for our country.
There being no further business, the meeting adjourned at 3:00 p.m.