May 20, 2008
Dr. Jon Draud
Commissioner of Education
Kentucky Department of Education
500 Mero Street
Frankfort, Kentucky 40601
Dear Commissioner Draud:
I am writing in response to Kentucky's request to amend its State accountability plan under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB). Following discussions between the Department and your staff, you made certain changes to your state's accountability plan, which are included in the amended State accountability plan that Kentucky submitted to the Department on April 17, 2008. I am pleased to fully approve Kentucky's amended plan, which we will post on the Department's website. A summary of the approved amendments is enclosed with this letter. As you know, any further requests to amend the Kentucky accountability plan must be submitted to the Department for review and approval as required by section 1111(f)(2) of Title I of the ESEA.
Please also be aware that approval of Kentucky's accountability plan for Title I, including the amendments approved herein, does not indicate that the plan complies with Federal civil rights requirements, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and requirements under the Individuals with Disabilities Education Act.
I am confident that Kentucky will continue to advance its efforts to hold schools and school districts accountable for the achievement of all students. If you need any additional assistance to implement the standards, assessments, and accountability provisions of NCLB, please do not hesitate to contact Abigail Potts (Abigail.Potts@ed.gov) or Sharon Hall (Sharon.Hall@ed.gov) of my staff.
Kerri L. Briggs, Ph.D.
cc: Governor Steve Beshear
Mary Ann Miller
Decision Letter on Request to Amend Kentucky Accountability Plan
The following is a summary of Kentucky's amendment requests. Please refer to the Department's website (www.ed.gov/admins/lead/account/stateplans03/index.html) for the complete Kentucky accountability plan.
Acceptable amendmentsThe following amendments are aligned with the statute and regulations.
Including limited English proficient students (Element 5.4)
Revision: Kentucky will implement 34 C.F.R. § 200.6(b)(4) regarding the assessment of recently arrived limited English proficient (LEP) students. Recently arrived LEP students will be given a one-time exemption from the reading/language arts assessment.
Revision: Kentucky amended its accountability workbook to require LEP students in their first year of enrollment in a U.S. school to participate in the state-required science assessments.
Science Assessments (Element 6.1)
Revision: Kentucky updated this section of its accountability workbook with its procedures for administration of science assessments during the 2007-08 school year.