Kentucky is backing down on JCPS takeover demands, negotiations show

Show Caption Hide Caption JCPS parent asks state Board of Education not to 'take away my voice' Autumn Neagle, JCPS parent and president of the local parent-teacher association, spoke against state takeover of the school system.

Kentucky was responding to a JCPS counteroffer to an earlier offer to avoid a full takeover

Kentucky is offering to give JCPS more time to fix its problems

The state still wants control of special education, restraint and seclusion and early childhood ed

After insisting for months that a full takeover of Jefferson County Public Schools is the only way to resolve a multitude of problems in the district, the state appears to be backing down on its demands, according to drafts of a potential settlement obtained Tuesday by the Courier Journal.

In the latest draft of the back-and-forth negotiations, the state is agreeing to give JCPS more time to fix its problems and is asking for authority over fewer programs than proposed in an original settlement offer last month.

Follow along: It's the first day of school for JCPS students. Here's what you should know.

The state still seeks control of special education, physical restraint and seclusion of students and early childhood education, but it has ceded control over other contentious areas, including the way the district assigns students to schools.

The state's concessions came in response to a counteroffer issued by JCPS Aug. 10. In that proposal, the district agreed to state assistance but omitted language giving the state veto power over any areas it had identified as problematic in its April 30 takeover recommendation, which was handed down after a 14-month management audit.

JCPS is fighting that recommendation, and hearings in what could be a messy appeals process are scheduled to begin Sept. 10. The appeal hearings could be avoided if the the district and the state agree to a settlement in advance.

"The Jefferson County Board of Education and the Superintendent remain committed to what is in the best interest of our students and district," JCPS spokesman Daniel Kemp said Tuesday.

Related: Mayor Fischer urges JCPS to consider settlement with state over takeover

Kentucky interim Education Commissioner Wayne Lewis said Tuesday that if JCPS wants to keep negotiating, the district needs to picks up the pace.

“It was three weeks since we sent the proposal to them that we heard anything from them,” he said. “This doesn’t have a chance of going anywhere unless they find a way to move this process much faster.”

As first reported by the Courier Journal, Lewis offered JCPS a settlement July 16 that would have given the state final say over eight programs. Lewis' proposal also called for another audit of JCPS in the fall of 2019 and would have prohibited the district from appealing the outcome, which could include a full takeover.

The district responded to Lewis' offer on Friday.

The Courier Journal obtained copies of the district's counteroffer, as well as the state's same-day response. Notably, the state struck a clause in which it would have acknowledged that Superintendent Marty Pollio had made "substantial progress" toward improving the district — something Lewis has said publicly numerous times.

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

Here's a breakdown of the proposals:

Corrective action plans

JCPS agreed to meet with the state to discuss corrective action plans for the 58 areas identified as being deficient in the audit and to collaborate on whether any changes are necessary. If the two sides do not agree on changes, the JCPS offer called for a dispute resolution process. In its recent response, the state struck that provision and instead said Lewis would have the final say.

Training requirements

JCPS agreed to require appropriate training or professional development for any employee the state finds to be deficient in an area related to the district's correct action plans. The state made no changes to that provision.

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New audit

Lewis' original offer called for a new audit of JCPS in the fall of 2019.

In its response to Lewis, JCPS pushed for the audit to take place in October 2020 and to keep its right to appeal. The state countered by moving the audit up to February of that year, but it did keep the appeals process in place.

Enhanced oversight areas

Lewis' original offer called for the state to have "enhanced oversight and responsibility" over eight key areas – special education, restraint and seclusion of students, early childhood education, student assignment, career and technical education, building maintenance and replacement, student transportation and human resources. The district would have needed the state's approval of any changes to these areas.

In its counteroffer, JCPS did not include any such provisions.

Lewis: JCPS school 'dungeon' shows need for state takeover

Countering back, the state dropped its oversight request to six areas, removing student transportation and human resources from its demands. The state also softened its request for veto power, requesting ultimate authority over just three areas — special education, physical restraint or seclusion of students and early childhood education.

The state added a provision that would require the district to modify the way it assigns students to schools by the start of the 2020-21 school year, but it did not say what those changes must be.

Pollio's job

JCPS agreed not to remove Pollio unless the grounds for removal are first approved by Lewis. In its response, the state made no changes to this provision.

Investigative office

JCPS agreed to create and staff an independent office to investigate any complaints related to the district, as proposed in Lewis' original offer. The office would report to the superintendent on a day-to-day basis but would ultimately be held accountable by the JCPS board. The state largely agreed to this, making only a minor change referencing state law.

Special education leader

JCPS agreed to create a cabinet-level position to oversee and manage the district's special education services as proposed in Lewis' original offer. JCPS also agreed to hire someone with at least 10 years' experience in special education for the role. In its most recent offer, the state added that the position will be responsible for overseeing the district's compliance with federal special education law.

State monitoring

JCPS agreed to allow Kentucky Department of Education staff to observe the functioning of its central office and schools and to monitor state testing until a new audit is complete. In its most recent offer, the state struck the language regarding the audit.

Regular updates

JCPS agreed to provide a monthly progress report from Pollio to Lewis until a new audit is complete. JCPS also agreed that Pollio would report the district's progress to the Kentucky Board of Education at each of its bi-monthly meetings until a new audit is complete. The state made no substantive changes to this.

Mandy McLaren: 502-582-4525; mmclaren@courier-journal.com; Twitter: @mandy_mclaren. Support strong local journalism by subscribing today: courier-journal.com/mandym.

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