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Cloverport officials and families warn Kentucky Board rule could force closure of Kentucky Virtual Academy
Summary
Cloverport Independent School District officials told the Senate Standing Committee on Education that an agency amendment to the Kentucky Administrative Regulations capping virtual-program enrollment at 10% of a district's in-person enrollment would effectively close the district's Kentucky Virtual Academy, which officials say enrolls roughly 2,800 students statewide.
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Cloverport Independent School District Superintendent Keith Haines told the Senate Standing Committee on Education that an agency amendment to the Kentucky Administrative Regulations (KAR) governing virtual programs would cap district virtual enrollments at 10% of a district's in-person enrollment and, as written, would force closure of Cloverport's Kentucky Virtual Academy (KYVA).
"That would close KYVA," Haines told the committee. He said KYVA has "just under 2,800 students" and that the KAR cap applied to Cloverport's small in-person population (about 275 students) would limit the district's allowable virtual enrollment to roughly 27 students. Haines said the change would require nonrenewal of roughly 75 teachers' contracts and require the district to tell current students they must find another school.
Why it matters: KYVA is a full-time virtual public program that Cloverport officials said serves a statewide population of students who they described as highly at-risk or unable to thrive in traditional settings, including students with health challenges, autism or developmental disorders, severe anxiety, behavioral issues, students displaced by homelessness and about 500 prior homeschool students. Officials and parents said shutting KYVA would displace thousands of students and end employment for district teachers who are Cloverport employees.
Superintendent Haines and principals Brandy Fagan (high school) and Sally Johnson (K-8) described KYVA's services and challenges. Haines said KYVA employs Kentucky-certified teachers and staff and that teachers are Cloverport employees participating in the Teacher Retirement System (TRS) and on the district salary schedule. Haines said the district paused enrollment last year and had a waitlist of more than 400 families because of hiring and staffing challenges.
The witnesses described academic and operational details: Haines said many incoming KYVA students were not proficient in state assessments prior to enrollment (he cited that 59% of students were not proficient in English language arts and 79% were not proficient in math on their most recent state tests), and that only about 12% of incoming students were proficient in both subjects. He said elementary incoming proficiency was particularly low (12% overall prior proficiency and 8% for elementary by one measure), while KYVA's middle school ranked in the top 50% of Kentucky middle schools and the high school ranked in the top 40% of high schools.
Sally Johnson described interventions at the elementary level: every student receives 30 minutes per day of teacher-led intervention targeted by MAP diagnostic scores and curricular assessments; the school uses programs such as Amira and Stride to individualize reading and math practice; and staff are receiving LETRS training on the science of reading. Brandy Fagan said KYVA provides laptops, materials and wraparound services, and that instruction is synchronous (live) across grade levels.
Parents and students gave multiple emotional testimonials. Jennifer Yaden said KYVA "saves lives" for students who face bullying, medical conditions or severe anxiety. Erica Evans Baer and Karen Claire, parents of KYVA students, described receiving curriculum materials, technology and frequent outreach from the school and said their children are safer and more successful in the virtual setting.
Committee members asked for follow-up data: Senator Tishner and others asked Cloverport for a breakdown of students by reason for enrollment (health, athletics, prior homeschool) and for attendance and truancy data. Haines said attendance is tracked through online session participation and activity, that the district enforces attendance (including home visits) and that attendance rates are improving though sometimes lower than traditional schools.
On funding and personnel, officials confirmed KYVA teachers are district employees who participate in TRS and receive district benefits (teachers receive 10 sick days and three personal days; principals noted different leave arrangements). The SEEK funding formula was described as applying statewide in the same way for virtual programs.
The committee did not take formal action during the hearing. Members thanked the witnesses and asked the district to provide requested breakdowns and follow-up information.

