JCPS board votes to accept state's proposed settlement in takeover battle

LOUISVILLE, Ky. (WDRB) – A split Jefferson County Board of Education voted 4-3 Monday to accept a settlement from the Kentucky Department of Education that would avoid a state takeover of Kentucky’s largest school district.

The deal ends months of speculation on the future of Jefferson County Public Schools in the short-term. The prospect of state management has loomed over JCPS since April 30, when interim Education Commissioner Wayne Lewis recommended a takeover following a 14-month audit.

The agreement requires that representatives of the school board and KDE begin work on a final corrective action plan within 15 days of the agreement.

If the two sides can’t agree on the contents of the plan after 15 days, they’ll include areas of compromise in the final version and give final say to interim Education Commissioner Wayne Lewis.

Here is the full settlement agreement:

JCPS will provide monthly reports to KDE on the status of the corrective action plan.

The school board and Superintendent Marty Pollio would retain their authority to run district operations, but KDE would provide feedback on any policies or regulations that impact early childhood education, restraint and seclusion, special education, career and technical education, and facilities. Lewis would have veto authority in the first three areas.

The district also agreed to modify its student assignment plan by the 2020-21 school year be required to hire an independent investigative branch and a cabinet-level position overseeing special education.

KDE will audit the district again in 2020, with the district allowed to challenge any determination made afterward, according to the settlement.

Monday’s vote divided the board between those who were satisfied with the final result and those who wanted more time at the bargaining table. Chairwoman Diane Porter, Linda Duncan, Ben Gies and Steph Horne voted for the settlement while Vice Chairwoman Lisa Willner, Chris Brady and Chris Kolb opposed.

The board’s 12-day appeal hearing was set to begin Sept. 10. That hearing, and the possibility of an even lengthier legal battle to follow, was a factor for some who voted in favor of settling with Lewis, who had already signed the agreement.

“I believe compromise is a form of fighting, and I believe that compromise this evening is the way to go,” Gies said.

“The board still has authority,” Duncan said. “We have control in all areas except the areas that have been identified for corrective action plans.”

But some who voted against the plan said they wished the board would continue negotiating rather than accepting the state’s latest offer.

“I was for staying at the table as long as it took, for not backing away from the discussions,” Willner said. “But the agreement that’s before us tonight is not one that I can support.”

Some also expressed reservations about giving the state final say in areas like the final corrective action plan for JCPS, which would happen if the two sides can’t reach agreement.

Brady said the deal leaves loopholes for Lewis and KDE. He would have liked to have seen a final corrective action plan before the board voted rather than leaving the matter unresolved until later.

“I think that there could be a Trojan-horse way of taking over student assignment, taking over some issues that probably would be related to financing and funding,” he told reporters.

“I think there’s a way that this could be exploited to where everything’s back on the table regardless of whether or not some of my colleagues think that that won’t happen. I hope I’m wrong.”

Lewis said in a statement that he would ask the state education board to approve the deal this week and praised the four members who voted in favor of the plan for taking “a courageous step.”

“Dr. Pollio and I talked this evening and our teams will begin working out the details of corrective action plans beginning tomorrow,” Lewis said. “I am excited about our partnership. I look forward to working with him and his board to make JCPS one of the best urban public school districts in the nation.”