February 15 2013

Published: 3/8/2013 1:03 PM
​​In this edition of Fast Five on Friday, you will find articles on the following:
  • Revised “Important Due Dates for Superintendents” Document on KDE Website
  • Guidance on Restraint and Seclusion
  • Commissioner’s Op-Ed Piece
  • Next Superintendents’ Webcast on Feb. 26
  • Commissioner’s Blog Asking Superintendents to Contact Legislators on HB180
  • Information from KTRS on Senate Bill 144
  • Legislative Update
 
Fast Five on Friday
 
Revised “Important Due Dates for Superintendents” Document on KDE Website – Further updates to the document titled “Important Due Dates for Superintendents” have occurred and the new version can be found on the KDE website on the commissioner’s page by clicking on the following link:  http://education.ky.gov/CommOfEd/Pages/default.aspx. Once you go to the webpage, scroll to the bottom of the page and it appears as the next to the last document link.
 
If you have questions on the document, e-mail maryann.miller@education.ky.gov.
 
Guidance on Restraint and Seclusion - On February 1, 2013, 704 KAR 7:160, Use of physical restraint and seclusion in public schools became effective. As you know, a tremendous volume of anecdotal, documentary, written, and testimonial comment and feedback was received from educational partners and interested parties and incorporated into the regulation. The text of the entire regulation is available here: http://www.lrc.ky.gov/kar/704/007/160.htm.
 
The regulation restricts, but does not forbid, physical restraint. Likewise, the regulation restricts, but does not forbid, seclusion. Physical restraint and seclusion may be used when a student’s behavior poses an imminent danger of physical harm to self or others and as permitted by other law. The regulation contains comprehensive definitions and the procedures that school personnel must follow in using these techniques.
 
To assist you with implementation of the regulation, KDE has completed a guidance document, which is available here: KDE Guidance Document for 704 KAR 7 160.pdf. Other resources can be found at:   http://education.ky.gov/specialed/excep/Pages/Use-of-Restraints-and-Seclusions.aspx.
 
Also, KDE is actively working on web-based training for all school personnel and looks forward to continuing to partner with districts in promoting and maintaining school environments that are safe and rewarding for both teachers and students.
 
Commissioner’s Op-Ed Piece - I have written an op-ed piece that has been released to newspapers titled “State of Kentucky Education”. It highlights our achievements, upcoming work and challenges for the future.  It is attached for your review.
 
Next Superintendents’ Webcast on Feb. 26 – Please place on your calendars the next superintendents’ webcast to be held on Feb. 26 from 2:00 to 3:00 p.m. ET. Topics include a legislative update, a PGES update, how districts are using ESEA waiver flexibility, a CSIP/CDIP calendar and guidance on restraint and seclusion.
 
We will send you the link and PowerPoint for the webcast closer to the actual broadcast date. As is customary, we will record it and make a link to a recording of it available so that anyone who missed the live broadcast can watch it later.
 
Commissioner’s Blog Asking Superintendents to Contact Legislators on HB180 – I am requesting through my blog this week that superintendents contact their legislators and ask for their support of HB180, the bill that deals with the Professional Growth and Effectiveness System. Go to the following link to understand my request and locate background information for talk with legislators:  http://kyedcommissioner.blogspot.com/2013/02/professional-growth-and-effectiveness_15.html.
 
Information from KTRS on Senate Bill 144 – The Kentucky Teachers’ Retirement System asked us to provide the article below on SB 144 to you. Please share it with others in your districts that have concerns about this bill.
 
The Kentucky Teachers’ Retirement System (KTRS) is receiving numerous phone calls regarding the recently introduced Senate Bill 144. This bill would, among other things, exclude sick leave payments and any other form of compensation other than base contract salary (that is reported on or after July 1, 2013) from use in retirement calculation purposes. There are several important things to remember with respect to this legislation:
 
• There are many, many bills filed every legislative session, but only a few are enacted into legislation.
• There are only seventeen (17) days left in the current session, so there is not much time for this bill to be enacted as law.
• Senate Bill 144 would result in significant actuarial cost for KTRS.
• As Senate Bill 144 would impose a significant actuarial cost on the retirement system, it is unlikely that it will become law.
• By early March, it should be determinable whether SB 144 has any chance of becoming law.
• KTRS will provide an update on the status of this bill.
If you have any questions, please contact KTRS.
 
Legislative Update – Below is an update on the legislative activities related to the KBE/KDE’s priorities for the week of Feb. 11:
 
• Professional Growth and Effectiveness (PGES)
HB 180w/HCS (Rep. Carl Rollins) requires the Kentucky Board of Education to establish a statewide system of teacher effectiveness and evaluation for all certified personnel before the 2014-2015 school year.
 
This bill passed out of committee; however, Representatives Bunch, Heath, Mayfield, Rowland and Waide passed on voting. Additionally, Representatives DeCesare and Linder both cast negative votes. Rep. DeCesare’s interest is to restore language to the bill regarding parent surveys. Rep. Rollins, House Education Committee Chairman, indicated during the committee meeting that he would not be opposed to including that language and this may be resolved quickly. KDE had removed the language at the request of KEA. 
 
 Career and Technical Education
HB 207 (Rep. Wilson Stone) confirms Executive Order 2012-737 that places all Career and
Technical Education initiatives under the Kentucky Department of Education.
The bill passed out of committee and is included in the consent orders for 2/19
 
• Preschool Funding Formula
HB 220 w/HCS (Rep. Rita Smart) streamlines the statutes dealing with the preschool funding formula. The update will require an average of identified children with disabilities based on a December 1 count and a March 1 count (rather than just December 1) that will be based on the prior academic year. The bill also eliminates the negative and positive growth adjustment.
The bill passed the House 99-0.  This bill is identical to SB 18/GA.
 
• SB 18w/SCS (Sen. Jimmy Higdon) streamlines the statutes dealing with the preschool funding formula. The update will require an average of identified children with disabilities based on a December 1 count and a March 1 count (rather than just December 1) that will be based on the prior academic year. The bill also eliminates the negative and positive growth adjustment.
The bill passed out of the Senate 37-0.  This bill is identical to HB 220/GA.
 
• Compulsory School Age Attendance
HB 224 (Rep. Jeff Greer) raises compulsory school age attendance from 16 to 18 with a staggered implementation date.  By July 1, 2017, school attendance will be compulsory for students between the ages of six and seventeen.  By July 1, 2018, school attendance will be compulsory for students between the ages of six and eighteen.  However, starting with the 2014-2015 school year, the bill allows local boards of education, at the recommendation of the superintendent and with approval of the Kentucky Department of Education, to raise compulsory school age to eighteen before the staggered implementation dates.
The bill passed the House 87-10.
 
• SB 97 (Senators David Givens and Mike Wilson) would permit, beginning with the 2014-2015 school year, local boards of education, on the recommendation of the superintendent and with approval of the Kentucky Department of Education, to require children residing in a school district's attendance area to attend school until the children have reached their eighteenth birthday.
The bill passed out of committee.
 
• SB 60 (Senators Stan Humphries and Jimmy Higdon) confirms Executive Order 2012-561, which reorganizes various offices in the Department of Education.
The bill passed out of committee.
 
If you have any questions on legislation, please contact Tracy Goff Herman, Legislative Liaison at tracy.herman@education.ky.gov  or via phone at (502) 564-4474, ext. 4815.
 
If you have questions on any of the articles included in this edition of Fast Five, please contact me at the e-mail address or phone number found below.
 
Terry Holliday, Ph.D.
Commissioner of Education
Kentucky Department of Education
Office 502-564-3141
Fax 502-564-5680
E-mail Terry.Holliday@education.ky.gov
Twitter @kycommissioner
Facebook http://www.facebook.com/kydeptofed