(FRANKFORT, KY) – Commissioner of Education Robbie Fletcher provided an overview of House Bill (HB) 257, a bill to reimagine Kentucky’s state assessment and accountability systems, during the Kentucky Department of Education’s (KDE’s) Superintendents Webcast on April 14.
Fletcher said the legislation is a “huge step” for Kentucky.
Fletcher stressed that students should be recognized for more than their test scores, noting their diverse abilities beyond standardized assessments. While foundational skills in reading and math are important for academic growth, Fletcher also underscored the need to develop communication, collaboration and critical thinking. He said he believes students must be able to analyze situations and address challenges thoughtfully.
The presentation came a day after Gov. Andy Beshear signed the legislation into law. The bill encourages districts to work more closely with their communities to establish priorities for their schools – called local indicators of quality or local accountability systems – and help ensure all students have access to vibrant learning experiences.
HB 257 was sponsored by Rep. J.T. Payne, an assistant principal at the Henderson County Career and Technical Center. It was influenced by the work of the Kentucky United We Learn Council – an inclusive working group of students, educators, families, community members, legislators and other education stakeholders – that was tasked with reimagining what the Commonwealth’s assessment and accountability systems could look like.
Fletcher explained the final details of the bill, which were previously reported on Kentucky Teacher when HB 257 was sent to the governor’s desk, along with how the legislation compares to previous proposals from the Kentucky United We Learn Council.
HB 257 includes locally developed indicators of quality and a state accountability system that meets federal requirements. The indicators of quality include flexible options for districts, encouraging more collaboration with their communities to set their own local indicators of quality. The indicators of quality must include vibrant learning experiences for students.
The legislation makes changes to the current state assessment and accountability system by:
- Reducing the state testing time;
- Using the individual growth of each student in the accountability system instead of comparing cohorts of students from year to year, while retaining the ability to compare results; and
- Prioritizing student attendance in the accountability model.
Fletcher said he looks forward to working with lawmakers on implementing the bill now that the legislation has passed. He also thanked superintendents and other stakeholders for providing their input in the years leading up to the legislation.
“The passage of this bill gives us a great launch of our moonshot accountability system,” Fletcher said. “While we did not land on the moon, we are definitely orbiting and have taken an important step forward in developing an accountability system that is relevant for all learners.”
Alternate Assessment Waiver Request
Representatives with KDE’s Office of Special Education and Early Learning provided an update on the status of Kentucky’s 2026 Title I, Part A award related to a denied waiver request by the U.S. Department of Education (USED).
During the 2024-2025 school year, Kentucky assessed slightly more than 1% of its total tested student population using an alternate assessment aligned with alternate academic achievement standards (AA-AAAS), which is intended for students with the most significant cognitive disabilities. Because this exceeded the 1% participation cap established under the Every Student Succeeds Act (ESSA), KDE submitted a waiver request to USED on August 12, 2025, seeking approval to exceed the federal participation threshold.
In applying for the waiver, KDE assured that it would continue to monitor, support and provide technical assistance to Kentucky’s school districts to ensure all students are assessed appropriately.
KDE Associate Commissioner Gretta Hylton shared that on Feb. 12, USED’s Office of Elementary and Secondary Education declined to grant Kentucky’s waiver request. In addition to declining the waiver, USED placed a grant condition on Kentucky’s fiscal year 2026 Title I, Part A award.
USED provided directions on how KDE may attempt to remove the condition on funding. This requires the submission of an updated waiver request, an updated plan, public availability of the updated plan, and certain data demonstrating progress in reducing the percentage of students tested on alternate assessments in the 2025-2026 school year.
Once the waiver denial was announced by KDE, staff from KDE’s Office of Special Education and Early Learning met with Special Education Regional Technical Assistance Center (SERTAC) directors and consultants to share information about the waiver denial and to call on SERTACs for assistance with addressing the 1% participation rate. As part of this work, KDE Division Director Carol Ann Morrison shared the specific action steps KDE and the SERTACs are taking to address the 1% participation rate and support districts moving forward.
KDE hosted training for SERTAC directors and other staff to support school districts by assisting with student record reviews and training related to alternate assessment participation. SERTAC staff are working directly with districts that exceed the 1% participation threshold of the AA-AAAS. In parallel, KDE staff continue to monitor, support and provide technical assistance to school districts across Kentucky to promote alignment with federal requirements and ensure appropriate assessment decisions for all students.
Dropout Prevention for Students with Disabilities
KDE’s Office of Special Education and Early Learning also provided an update on increased technical assistance the department will be offering to support districts in locating and enrolling transient students with disabilities.
KDE Division Director Carol Ann Morrison said several districts have asked KDE about students who leave school as they transition between caretakers, including state agencies and the Department for Juvenile Justice, because they have had a difficult time locating those students to ensure they are still enrolled and not considered a dropout.
“We want to help ensure that we’re connecting and bridging that communication for districts with those other agencies,” Morrison said.
Beginning in May, KDE staff will contact directors of special education to offer technical assistance to districts identified with transient students with disabilities who have left the school district and have not re-enrolled in another district.
In other business:
- KDE presented information on a new survey seeking feedback from superintendents and other school leaders on the effectiveness of educator preparation program providers.
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