Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
157.075,
157.320,
157.390,
161.1211
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
157.075(2)(b) requires the
Kentucky Board of Education to define the factors that may be included in a
local district differentiated compensation plan and procedures for the
development and approval of a plan. In addition,
KRS
157.075(3)(d) requires the
Kentucky Board of Education to establish criteria for the awarding of grants to
promote development of local district differentiated compensation plans.
KRS
157.075(2)(a) requires that
plans have one (1) or more of the following purposes: to recruit and retain
teachers in critical shortage areas; to help reduce the number of emergency
certified teachers employed in the district; to provide incentives to recruit
and retain highly skilled teachers to serve in difficult assignments and
hard-to-fill positions; to provide career advancement opportunities for
classroom teachers who voluntarily wish to participate; or to reward teachers
for increasing their skills, knowledge, and instructional leadership within the
district or school. This administrative regulation establishes the factors that
may be included in a plan and specifies the maximum size of a grant, the
application and selection process, the obligation of the local board of
education and the evaluation and data requirements.
Section 1. Factors that May be Included in a
Differentiated Compensation Plan. A local board of education may adopt a
differentiated compensation plan to accomplish the purposes established in
KRS
157.075 to address identified district needs.
The plan shall include one (1) or more of the following factors:
(1) Individual performance;
(2) Individual skills;
(3) Knowledge, which may include:
(a) A major or minor in the teaching area or
an advanced degree in the subject taught;
(b) Completion of a district-recognized
professional development program;
(c) Dual certification; or
(d) National Board for Professional Teaching
Certification;
(4)
School-based performance;
(5)
Multiple measures of student performance, which may include portfolios of
student work;
(6) Assignment to a
specific school or type of school, or to teach a certain subject area, or group
of students, or to diversify the staffing of the school; or
(7) Credit for professional nonteaching
experience or military service.
Section 2. Procedures for Development and
Approval of a Differentiated Compensation Plan.
(1) Prior to adopting a proposal to implement
a differentiated compensation plan, a local board of education shall establish
a planning committee if an employee evaluation component is included and
requires any modification to the district's evaluation plan for all employees.
The committee shall include at least the following members:
(a) The superintendent or a
designee;
(b) A representative of
the local board of education;
(c)
An instructional supervisor;
(d)
The district finance officer;
(e) A
principal;
(f) A teacher;
(g) A parent; and
(h) Other members identified by the local
board.
(2) The planning
committee shall develop or review the differentiated compensation proposal and
provide feedback to the superintendent.
(3) Prior to adopting a proposal to implement
a differentiated compensation plan, a local board of education shall provide an
opportunity for all potentially affected employees to respond in writing or at
a public hearing. Written notice to employees that the board plans to consider
a differentiated compensation proposal matter shall occur at least thirty (30)
days before final action is taken.
(4) To be approved, a differentiated
compensation plan shall address the following criteria:
(a) Employee participation in any career
advancement initiative shall be voluntary;
(b) Each certified employee of a like group
who elects to participate in the differentiated compensation plan shall be
treated in a similar manner. This may include applicants for a certain type of
position, teachers assigned to a certain school or group of schools or certain
grade level, or teachers who maintain a certain certificate;
(c) Any compensation earned under a
differentiated compensation plan shall be in addition to the amount the
employee is paid under the district single salary schedule and shall be coded
separately in the district's accounting system;
(d) Any evaluation of performance to be
rewarded shall be measurable and the measurement method shall be valid based on
a systematic plan to collect data by the district; and
(e) The local board shall annually review the
plan and make revisions if necessary.
(5) Upon adoption of a differentiated
compensation plan, the local board shall submit the board minutes and the
proposal to the commissioner of education for consideration of
approval.
Section 3.
Differentiated Compensation Grant Program.
(1)
The purpose of a grant shall be to provide resources to local districts to plan
and implement a differentiated compensation plan. These grants may be for up to
$200,000 each fiscal year. The local board of education shall be required to
make a substantial financial contribution and have a clear methodology for
evaluation of the program. The local district shall advise each program
participant in writing of the conditions under which the individual's
differentiated compensation may be discontinued. Second year funding shall be
contingent upon evaluation, meeting all agreements, timelines, and reporting
requirements included in the first year's plan and the availability of
funds.
(2) The Department of
Education shall solicit grant proposals through a request for proposals. The
proposal shall include the following components:
(a) The purpose of the plan, rationale and
expected results. The application shall describe how the plan promotes the
district's goals and needs and include data to support the need. If the
proposal includes a classroom mentor, teaching partner, or professional
development leader, a district may also apply for Professional Development
Leadership and Mentor Funds as established in
KRS
157.390 and
704
KAR 3:500 as part of the proposal if funds are
available. In order to qualify for these funds, the proposal shall include a
project designed to improve instruction for all students in a school in the
focus core area, designate a position eligible for additional compensation up
to $10,000, provide for the individual's professional development, and evaluate
the results;
(b) The number of
students affected and the impact on those students;
(c) The number of staff potentially
affected;
(d) Implementation plan
and timeline;
(e) A proposed budget
and district's capacity to fully implement the plan; and
(f) An evaluation of the effectiveness of the
plan.
(3) The
commissioner of education shall appoint a panel of educators knowledgeable
about finance and evaluation to review all applications for funding based on
the following criteria:
(a) Description of the
rationale;
(b) Effectiveness of the
model;
(c) Level of commitment of
the local board and the district;
(d) The district's capacity to fully
implement the plan;
(e) Quality of
the plan to evaluate results of the project; and
(f) Efficiency and effectiveness of the
budget.
(4) After
consideration of the criteria established in subsection (3) of this section,
the purpose of the compensation plan may be considered so as to provide
comprehensive information about different types of differentiated compensation
plans.
STATUTORY AUTHORITY:
KRS
157.075(2)(b)
