Here are the 8 things JCPS would give up to avoid a state takeover

Allison Ross | Courier Journal

Show Caption Hide Caption Wayne Lewis says a JCPS school is disciplining students in a 'dungeon' Interim Kentucky Education Commissioner Wayne Lewis says one JCPS school is disciplining students in a room that is essentially a "dungeon"

The state's offer for Jefferson County Public Schools to avoid a full takeover would require the district to cede control over how students are assigned to schools and early childhood education, according to a copy of the proposal obtained by the Courier Journal on Tuesday

The offer, dated July 16, also would give the state "enhanced oversight and responsibility" over special education, restraint and seclusion of students, transportation, staffing at low-performing schools, building maintenance, and career and technical education.

Under the proposal, an audit would be performed in the fall of 2019 to assess if any further action is needed. The district would give up its right to seek a stay of that decision, which could include a takeover or state assistance.

Related: Wayne Lewis: Kentucky can make a deal on JCPS takeover

JCPS board Chairwoman Diane Porter said on Monday that the board was working to fully understand the one-page offer from interim Kentucky Education Commissioner Wayne Lewis. During a news briefing Tuesday, JCPS Superintendent Marty Pollio said the school board said "there's a lot of discussions and negotiations going on with that at this time."

How JCPS assigns students to schools gets to one of the district's core values. The JCPS student assignment system has been applauded locally and nationally for increasing the racial and socioeconomic balance of schools, but has been fiercely criticized by some people who dislike that it forces some students to travel to schools outside their neighborhood.

When Lewis revealed to the Courier Journal on Monday that he had made the offer to the 101,000-student district, he said he was open to suggested changes but had not heard back. He said the district had until Wednesday to respond.

Lewis said the offer, which he called a "first attempt at a settlement agreement," was made in hopes of avoiding a contentious dispute over his recommendation that the state take over management of the district. He characterized it as somewhere between full state management and state assistance.

Under the proposal, the state would be able to approve or disapprove of any changes in policy, procedures and initiatives in the defined areas. The state also could order any district employee to attend training in the areas noted for enhanced oversight.

The deal also calls for creating incentives to work at low-performing schools, such as enhanced pay, and an independent JCPS office to investigate complaints. A cabinet-level position for a person dedicated to special education services would be created as well.

More: Wayne Lewis offers plan to avoid a JCPS takeover: How did we get here?

Jessica Fletcher, a spokeswoman for the Kentucky Department of Education, did not immediately respond Tuesday to whether Lewis would consider a settlement agreement after Wednesday.

The JCPS board would have to vote on whether to accept the deal, and it does not have any meetings scheduled for Wednesday.

The offer is the latest twist in the state's controversial attempt to take over the district. Lewis had been interim commissioner for about two weeks when he called for that move in April.

Under state law, a district can be taken over if it has shown "a pattern of a significant lack of effectiveness and efficiency" in its governance or administration and if the state decides that state management is necessary to correct its problems.

In his recommendation, Lewis cited a monthslong state audit that noted concerns that included physical restraint of students, poor achievement results and issues with the student-assignment plan.

State management would give Lewis authority over JCPS' finances, operations and other responsibilities. Lewis had previously said he'd relegate the JCPS board to an advisory role and have Pollio continue to handle day-to-day operations but report weekly to the state.

JCPS' board voted unanimously in May to appeal Lewis' recommendation, and the final decision would be up to the 11-member state Board of Education. Hearings in the appeal are set to begin in September and will be held on 12 nonconsecutive days, ending in early November.

Lewis said in an interview that aired on KET in June that "nothing short of state management" of the district "will ensure the children in that district are protected and served well."

Also: JCPS school 'dungeon' shows need for state takeover, Wayne Lewis says

Wayne Young, executive director and general counsel of the Kentucky Association of School Administrators, said the offer appears to be "unprecedented."

"It's always been state assistance or state management, to my knowledge," Young said.

Young noted that there have only been a limited number of Kentucky districts that have been recommended for state management over the years and that JCPS is by far the largest. He said much of what is happening "is new territory."

Eric Kennedy, director of governmental relations for the Kentucky School Boards Association, said he's not surprised the two sides talking about an agreement "that's not takeover" but that he was surprised to see a written settlement offer and a deadline.

Kennedy said he'd urge both sides to get clarity on exactly what the agreement would look like. For instance, he said, what if there is an issue that could be seen as a special-education issue but also as an issue that does not fall into the "enhanced oversight" areas?

"We're in uncharted territory here," he said. "This is complex. It's not assistance, it's not management. It's something different."

The Kentucky Board of Education is set to meet Thursday. Lewis said Monday that any settlement offer would have to go to the state board for approval.

Reporter Darcy Costello contributed to this report.

Allison Ross: 502-582-4241; aross@courier-journal.com; Twitter: @AllisonSRoss. Support strong local journalism by subscribing today: www.courier-journal.com/allisonr.