Don Parkinson
Matthew 6. Bevin Interim Secrotary
Govenner ‘Edvestion and
Workforce Development Cabinet
Wayne D. Levis, Ph.
Interim Commissioner of Education
KENTUCKY DEPARTMENT OF EDUCATION
300 SowerSoutvard Frankton, Kentucky 48601
Phone: (02 5643941» wy education
April 30, 2018 Dia ATE ARD urs wear.
Dz. Martin Pllio, Superintendent
Jefferson County Schools
3332 Newburg Road
P.0. Box 34020
Louisville, KY 40232
murty.pollio@jefferson kyschools.us
Ms, Diane Porter, Board Chair
Jefferson County Board of Education
3332 Newburg Road
P.O. Box 34020
Louisville, KY 40232
liane jefferson kvschools.ue
RE: Management Audit Findings and Recommendation of State Management
Dr, Pollo and Board Chair Porter:
Since February 14, 2017, the Jefferson County Publi Schools (JCPS) hasundergone @
“management audit” pursuant fo KRS 158.780, KRS 158.785 and 703 KAR 3:205. A.
‘management audit of JCPS was required when the data and information reviewed after a six
‘month management review found the preseace of critically ineffective or inefficient management
within JCPS (Attachment 1). On March 14, 2017, JCPS Superintendent Donna Hargens
responded in a 33 page leter (Attachment 2) indicating the management review findings did not
“tepresent the present reality,” however Dr. Hargens stated thatthe distit would “work
proactively with KDE” and “trust the process..." A management audit was conducted to
determine if*...here isa pattern of significant lack of efficiency and effectiveness inthe
‘governance or administration of school district” (KRS 138.785).
OVERVIEW OF AUDIT PROCESS
Over the past year, the audit team, which included more than 50 Kentucky Department of
Education (KDE) staff or contractors, conducted more than 800 interviews of ICPS board
ee KOMURY™ — seranonrtvinesenDr. Martin Pollio
Diane Porter
April 30, 2018
Page 2 of 16
‘members, staff, teachers, students and community members anda review of thousands of pages
‘of documents related to the management and operstion of JCPS. An on-site review of the district
‘occurred Apri 18-28, 2017, as well as a site visit April 25-26, 2018. Also, a nearly year-long
investigation and analysis ofthe governance and administration of SCPS has taken place.
nally, reports and findings by olher goveramental agencies atthe slate and federal level have
also informed the audit
Daring the management audit process, former Commissioner Stephen Pruit became alarmed
‘with some ofthe inital findings of the audit team, He determined that some issues directly
affecting students and federal funding were in need of immediate corrective ection, As areslt,
‘on September 20, 2017, he issued a letter to JCPS that required corrective actions inthe areas of
career and technical education, implementation of the federal Individuals with Disabilities
Education Act (IDEA) and the use of restraint and seclusion (Attachment 3). On October 31,
2017, then interim superintendent Dr. Marty Pollo responded to these issues in writing
(Attachment 4) and identified several strategies to “leverage improvement districtwide.” Since
(October 2017, withthe support and guidance of KDE staff, JCPS has been implementing
corrective action plans in these areas with fidelity. KDE has monitored the JCPS corrective
actions through onsite monitoring visits (October 9, 2017, December 19, 2017, and February 16,
2018) and reviewing the status of deliverables through 30-60-90 day plans (Attachments § and
6.
‘The inital management review of JCPS included more than 30 items determined to be
“significant deficiencies.” While JCPS contested some of those deficiencies (Attachment 2),
the resulting management audit process dove more in-depth into the initial deficiencies cited by
the management review and broadened the scope to focus on the following areas:
Planning
‘Operational Support: Food Services, Transportation, and Facilities,
(Operational Support: Financial Management
(Operational Support: Personnel Administration
Instructional Management
Physical Restraint and Seclusion of Students
Implementation of IDEA
Career and Technical Education
Implementation of teacher certification requirements
Implementation of Head Start
Implementation of internal investigations
Personnel Administration
‘Attached to this letter are the supporting summary documents for the conclusions and my
recommendation, including an executive summary (Attachment 7), the full audit report of
findings (Attachment 8), report of findings specifically addressing requirements of the IDEA.Dr. Martin Polio
Diane Porter
April 30, 2018
Page 3 of 16
and the use of restraint and seclusion (Attachment 9) a report ofthe Office of Education
‘Accountability (OEA) regarding JCPS hiring practices for positions requiring certification
(Attachment 10), a report of the U.S. Department of Health and Human Services regarding the
operation of Head Statin JCPS (Attachment 11), and a JCPS commissioned report regarding
the quality of intemal district investigations (Attachment 12)
(Other documents included with this eter that reveal information that is of great concem but that
1 did not rely on to support my conclusions and recommendation, include a report detailing
concerns with the validity of achievement scores on state standardized examinations in JCPS
(Attachment 13). This repor, while not used as direct evidence for the conclusions of the aut,
Identifies issues of concem that must be addressed by the district and KDE.
‘Additionally, the district's performance on state standardized examinations over many years, at
the district-level and in particular schools is unconscionable. A table illustrating district
performance on those examinations, highlighting the incredible continuing racaVethnic and
socioeconomic achievement gaps is included as Attachment 14
Finally, an analysis ofthe JCPS collective bargaining agreement for cerified employeesis
‘ongoing and will be provided to the JCPS board on its completion,
RECOMMENDATION OF STATE MANAGEMENT
‘Based upon the audit findings Ihave determined thatthe evidence overwhelmingly supports
the conclusion that there isa pattern of a significant lack of efficiency and effectiveness
the governance and administration of the JCPS. The evidence collected during the
‘management review and audit establishes the following:
(a) An existence of a pattern ofa significant lack of efficiency and
effectiveness in the governance or administration of JCPS;
(b) The pattern ofa significant lack of efficiency and effectiveness in the
‘governance or administration of JCPS continues to exist; and
(©) State management is necessary to correct the inefficiencies and
ineffectiveness within JCS.
All ofthe areas audited contain numerous findings, which when taken together, show a pattern of |
significant lack of efficiency and effectiveness within JCPS (Attachments 7-12). These findings
are summarized as follows:
Planning
The comprehensive audit included an on-site review, investigation and analysis ofthe
governance and administration ofthe school district. During this process, it was determined that,
there is nota protocol in place to ensure proper training and alignment of roles andDe. Mastin Pllio
Diane Porer
April 30, 2018,
Page 4 of 16
‘responsibilities ofthe JCPS administration and bourd members. There is nota distrit-wide
formalized plan in place that focuses on two-way communication including horizontzl and
vertical internal communication which is consistent aeoss all processes and work groups to
support organization-wide goals. At the time of the onsite review in April 2017, the boundaries
of the oles and responsibilities ofthe superintendent and the roles and responsibilities of the
board members to a level of providing understanding for leadership inefficient operations was
unclear. The work at central office was not always aligned with the mission and vision ofthe
district due to organizational structure anda lack of clear communication. Cabinet-evel leaders
did not always clearly communicate with mid-level managers. Therefore, central offize
operations were not connected tothe work going on in schools. During my April 2018 visi tothe
district I determined that newly appointed Superintendent Dr. Martin Polio, in the 19 months he
has served as interim superintendent and now superintendent, has led the board and the district
toward addressing many of the organizational coherence, communications, and culture
deficiencies found during the April 2017 onsite review. These steps are significant ard 1 am both
hopeful and optimistic about the future, but deficiencies in the organization remain. While the
board recently passed a promising reorganization plan which should address some identified
deficiencies, this remedy is inthe very early stages of implementation, with postions inthe new
organizational structure not yet filled. Given the district's documented patter of inefficiency,
ineffectiveness, and organizational eoherence, even with Dr. Polio's incredibly psitve steps, 1
am not yet assured that the district will remedy these deficiencies on its own. Present, there
continues to be insufficient evidence ofa culture that holds people accountable for their
responsibilities across the district. The identified deficiencies establish a patter ofa significant
lack of effectiveness and efficiency in the governance and administration ofthe school district in
the area of planning. State management is necessary to correct the inefficiencies and
ineffectiveness,
Operational Support
The audit process included an on-site review, investigation and analysis of the operations ofthe
school district. The district eannot meet facility needs without additional funding. During the
onsite review in April 2017, there was a clea lack of understanding among the members ofthe
ICPS board regarding options to generate additional revenue. During my April 2018 vist,
{determined that board members had greater awareness of regarding revenue options, but the
district has not developed a plan to uilize current bonding capacity to address critical capital
projects.
‘The district does not havea business continuity plan for facilities in the event one should become
unusable, Likewise, the district does not maintain a business continuity plan for each bus
compound and its flet should that location become unusable. The district does not have a
process in place to analyze bus routes (including double run) for the most efficient and effective
solution tothe transportation challenges within JCPS.Dz. Martin Polio
Diane Porter
April 30, 2018
Page 5 of 16
‘The Student Assignment Plan presents challenges to transportation stafT who manage the bus
routing process. The guiding principles ofthe JCPS Student Assignment Plan are choice, quality,
diversity, predictability, stability and equity. Based on interviews, choice and divesity are
championed above the other principles. There isa significant impact on equity whore the Student
‘Assignment Plan serves some but not all students. The current plan has a distinetregative impact
‘on the most vulnerable populations of JCPS students.
‘The JCPS board did not approve the 4% tax rate during the first year ofthe former
Superintendent's tenure. According tothe districts calculations, this negatively impacted the
distrit’sresourees atthe rate at $16 million per year and will continue to do so for every year
after that. Had it been adopted, a portion of this would have been restricted for faites.
‘The JCPS board has not adopted an additional “nickel” tax to address aging facilities. Interviews