Watchdog of Kentucky’s public schools
Kentucky School Advocate
January 2019
By Josh Shoulta
Staff writer
In 1990, the Kentucky Education Reform Act (KERA) brought with it oversight of Kentucky public schools that had not previously existed. This included the Office of Educational Accountability, an arm of the Legislative Research Commission.
The office, which is advised and monitored by a legislative subcommittee, is charged with investigating alleged wrongdoing in the state’s common school system and helping to ensure education law compliance.
With more than 1,200 public schools in 173 districts, this is no small feat.
The OEA receives between 500 and 600 written complaints each year. From those complaints, many of which are submitted anonymously, investigative staff determines if a case requires further review.
David Wickersham, deputy director of educational accountability, explained that, for a variety of reasons, most of the complaints do not warrant a full investigation within the district.
“This year we have screened out 92 percent of the written complaints that we have received,” Wickersham said. “So we have only opened investigations into 8 percent thus far this year.”
That rate is consistent with previous years, he added.
The screening process often determines that a complaint is not a true violation of education law. Preliminary fact finding on the part of the OEA may also contribute to a decision not to pursue a full investigation. In some cases, the allegation may be referred to another agency with specific jurisdiction, such as the Kentucky Education Professional Standards Board (EPSB) for teacher ethics complaints or the Department of Education for complaints pertaining to special education.
Of the complaints made each year, roughly a third concern school-based decision making councils (SBDM). Other common examples involve allegations of conflicts of interest, improper hiring decisions and issues surrounding state testing.
While bad actors may exist, the vast majority of violations, according to the OEA, are the result of misunderstandings or inadvertence of the rules.
Even with the best of intentions, full compliance can be a challenge for those serving Kentucky’s students, given the complexities of education law and the various players at multiple levels of governance. For a violation to be determined, there must be proof of wrongdoing. Investigators operate in good faith on behalf of those on both sides of the allegations. When investigations do identify a violation of education law, OEA will provide resolutions and/or corrective actions. Typically, this requires individuals complete training in a subject pertaining to the offense.
Regardless of tenure or experience, keeping up with the rules and regulations of school board governance can prove time consuming and complicated for local school board members.
Help, however, is available to those who ask for it. Wickersham pointed to the collective resources and sense of community available to anyone, including newly elected board members, to ensure understanding and compliance of law.
“Pay attention to the training and take advantage of mentoring opportunities,” he advised. “KSBA and all of the professional organizations really work hard to provide good public service and accurate information to members.”
More than investigations
In addition to its investigative role, the OEA has a research department to study education data and provide reports to lawmakers, districts and the public at large.
Research ranges from annual district profiles to historical revenue reports and analysis of statewide curricular offerings. Each fall, the Education Assessment and Accountability Review Subcommittee determines a research agenda for the office. This process begins with preliminary recommendations made by OEA, typically reflective of current topics of interest to the public and those that may prove useful in crafting and improving policy. Members of the subcommittee will also provide topics of interest to them, eventually settling on a final list of priorities.
How to contact OEA
Allegations of wrongdoing are collected in writing, and individuals filing complaints may choose to remain anonymous. A hotline is also available for complaints that pertain to life-threatening or otherwise very time-sensitive matters. More information on the OEA, including a helpful introductory video and published research reports, can be found
here.