Hal Heiner Secretary Education and Matthew 6. Bevin Stephen L. Pruit, Ph. Commissioner of Edueation KENTUCKY DEPARTMENT OF EDUCATION ‘00 Sower Baulovard «Franko, Kentucky 260 Phone: (tz) 64-181» waredueslon hy. September 20, 2017 De. Martin Pllio Interim Superintendent Jefferson County Public Schools 3532 Newburg Rd, P.O. Box 34020 Louisville, KY 40032 Dea Interim Superintendent Pollo ‘As you are aware, the Kentucky Department of Education (KDE) is actively conducting an audit of Jefferson ‘County Public Schools ICPS), pursuant to KRS 156.010, KRS 156.148, KRS 158.780, 158.785, and 703, KAR 3:205, While at his time the status ofthe audit is ongoing, KDE staf has identified specific areas of istrit instruction and operations directly affecting students and in need of immediate corrective action ‘Career and Technical Education (CTE) compliance with the Cal D. Petkns Carer and Technical Education Improvement Act of 2006 (Perkins) and conforming sae law: + Finding: tnaccuracies in federl and state data reporting indicates noncompliance with Perkins, KRS, 137.069, and College and Carer Readiness Accountability, pursuant 1 KRS 158.6453. Areas of specifi concer include discrepancies apparent inthe Technical Education Database System (TEDS) data, student anscripts and schedules, student credit, and attendance data + Binding: Inaccuracies in documentation of carer pathways indicate pathways were incomplete, invalid, and inaccurate or were not Followed, which indicates noncompliance with Perkins, KRS. 157.069, and Accountability pursuant to KRS 158.6453. Documentation reviewed include master Schedules, sudent tansrits and student schedules. ‘+ Einding: School level CTE staff are not identified andor identified staff do not have the knowledge and/or authority ro implement the CTE program with fidelity, creating a system that provokes noncompliance with Perkins, KRS 157.069, and Aecounabiliy pursuant to KRS 158.6483, nthe ways described immediately above. Evidence includes school and district level interviews 2s well as ‘TEDS repors. ‘Action: SCPS will develop a CTE corrective action plan within 30 days of receipt ofthis lente in collaboration with KDE staff address the above mentioned deficiencies Consequence: Ihe issues and noncompliance identified items are not addressed inthe identified timelines, there would bea potential los of CTE federal funding. stnstcon Kentucky nt py goInterim Superintendent Martin Pollo ‘September 20,2017 Page 2013) ‘Compliance with he Individuals with Disailis Education Act IDEA) and conforming sat regulations: ‘+ Einding: The district lacks clear, distit-wide processes and coordinated systems of accurate collection reponing, and wilzation of student level behavior daa. There is a clear disconnection ‘between the collection ofthe data and is use for implementing a district wide approach o student isciplie, including the behavioral supports necessary fo successful implementation, Without appropriate postive behavioral interventions, strategies, and suppots to address behaviors that impede learning, the distrit doesnot met the standard required under 707 KAR 1:320, Section Sa) + Einding: The continuum of educational settings in JCPS does ot meet the standards established in the Individuals with Disabilities Edustion Act and is insufficient under 707 KAR 1:35, + Einding: Educational placement decisions for students with disabilities are made to ovevie the ‘decisions mae during the Admisions and Release Committee (ARC) process in violation of 707 KAR 1:320, + indng: The district lacks a spstm to ensure that referrals for special education services (Child Find) ‘are handled both consistently and ina timely fasion, in violation of 707 KAR :300 and IDEA. * Finding: The distct lacks a system to ensure disciplinary removals are coasistent with the requirements of IDEA and 707 KAR 1:340, Sections 13 and 14. Interviews and observations indicate there isa lack of clarity asthe requirements under IDEA for disciplinary removals and eesling in Inconsistency across he district ‘Finding: Special ansponaton isnot provided forall students with disabilities, but rather students are assigned to schools based onthe sruture and availablity of transportation, in violation of 707 KAR 1:280, Section Sand IDEA. Additionally, students atending the Kentucky School forthe Deaf (KSD) are not provided door-to-door transporation but are insted required to meet ata central location ‘where they ar then tansported to KSD, in violation of IDEA. * Finn: The student assignment pln doesnot appropriately contemplate the needs of students with ‘disabilities resuling in inequitable placements that donot provide stdents with acces to appropriate staff (eg, mental health professionals, sometimes require excessive bus rides, limit a student's ability to participate in extracurricular actives, and stifle the ability of families to engage with their child's School. As result, the district sin violation of 707 KAR I:320, Section 9 for filing to provide related services to each child with a disability ‘© Einding The regional special education cooperative located in the district is unable to provide support snd technical assistance to the distri de 1 conflicting roles of cooperative employees. The cooperative’ funds though IDEA are not accounted for and appear o be mingled with ater district funds, This ic in violation of IDEA, Action: SCPS will develop a IDEA corrective setion pln within 30 days of receipt of this lee in collaboration wih KDE staff o address the above mentioned deiclncis. Canssquence: I the issues and noncompliance identified tems are not adresse inthe identified timelines, ‘here would bea potenti! lose of IDEA federal funding Compliance with 704 KAR 7:160, Use of Physical Restrains and Seclusion in Public Schoo ‘Finding: There isa significant lack of understanding thoughout the dsret regarding 704 KAR 7:160, Use of Physical Restraint and Seclusion in Public Schools Asa result ofthis lack of understanding, the district maintains policies and procedures regarding physical restrain and seclusion that are inconsistent withthe regulation (eg. school resource officers not tained in postive behavioralInverim Superintendent Matin Pollo September 20,2017 Page 3 of 3 supports and interventions). Interviews and observation indicate the prevalence of physical restraints such as mechanical, prone or supine restraints as well as unnecessary se of physical restraint and seclusion where the student's behavior didnot pose an imminent danger of physical harm to self oF ‘others, in dicest violation of 704 KAR 7:160, ‘Aion: JCPS will develop a corectve action plan within 30 days of receipt ofthis ltr in collaboration ‘with KDE staf to address the sbove mentioned defiiene. ‘Consequence: I the issues ané noncompliance identified items are not addressed in the identi timelines, ‘here would bea potential loss of state SEEK funding. ‘The isoues and non-compliance identified above must be addressed within the timelines identified to avoid potential loss of federal and sae program funding. Associate Commissioner Kelly Foster from the Office of Continuous Improvement & Sappor will be in contact with you to provide guidance to the district for these specifi areas. The district has 10 days to respond tothe Findings of his leer. [Acts time, the sud remains ongoing. This fll [wil be issuing a fina recommendation a to whether the audit findings should result in sate assistance, state management or othe intervention s determine ‘necessary. Inthe interin, Ils reserve the right 1 continue uilising my authority as chief state Schoo! officer to idemiy and require immediate corective action of Findings of violation of state or federal aw that irecly impact he health, safety and appropriate instruction ofstaden's. {wll be in contact with You regarding aditona information that may be required from the distri to complet and flly inform the “ongoing audit process. 2m Stepte L. Prat, PhD. ‘Commissioner of Education Sinogtly, (Ce: CPS Board Members KDE Planning Team