exceptional child education - Jefferson County Public Schools
exceptional child education - Jefferson County Public Schools
exceptional child education - Jefferson County Public Schools
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EXCEPTIONAL CHILD EDUCATION<br />
PROCEDURES<br />
2008<br />
JEFFERSON COUNTY PUBLIC SCHOOLS<br />
Dr. Sheldon H. Berman, Superintendent<br />
BOARD OF EDUCATION<br />
Joseph L. Hardesty, Chairman<br />
Stephen P. Imhoff, Vice-Chairman<br />
Linda Duncan<br />
Ann V. Elmore<br />
Carol Ann Haddad<br />
Larry Hujo<br />
Debbie Wesslund<br />
<strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> <strong>Schools</strong><br />
Exceptional Child Education<br />
VanHoose Education Center<br />
P.O. Box 34020<br />
Louisville, KY 40232-4020<br />
Equal Opportunity/Affirmative Action Employer Offering Equal Educational Opportunities<br />
www.jcpsky.net
SUPERINTENDENT’S MESSAGE<br />
The <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School District (JCPS) is dedicated to a set of core beliefs. These<br />
beliefs are the foundation for preparing our students to achieve their goals, follow their dreams, and<br />
create a more just society. As an outgrowth of our belief system, we as district staff must create<br />
caring and culturally responsive classroom communities and must provide high-quality, personalized<br />
instruction that challenges and engages all students. It is our responsibility to ensure that all students<br />
have equitable access to a consistent, world-class, inquiry-based curriculum.<br />
The district’s structures, policies, and practices are designed to reflect a commitment to our core<br />
beliefs. The Exceptional Child Education Procedures manual translates this commitment into the<br />
specific steps that employees follow in order to effect systematic adherence to adopted procedural<br />
practices regarding students with special needs.<br />
The Exceptional Child Education Procedures manual delineates the procedures adopted by the<br />
district to implement the Kentucky Administrative Regulations and represents the efforts put forth<br />
by the district to be in complete compliance with those mandates. Research-based instructional<br />
strategies and the provision of a safe, respectful, and inclusive learning environment are integral<br />
facets of these procedures. These processes and practices are established to meet the needs of our<br />
students and are intended to foster consistent, effective service delivery.<br />
As a JCPS employee, you play a significant role in implementing these procedures. We thank you<br />
for taking the time to become knowledgeable with the procedures; for your diligence and efficiency<br />
in implementing them; and for your dedication to improving <strong>education</strong>al, social, and behavioral<br />
outcomes for every student.<br />
_____________________________________<br />
Sheldon H. Berman, Ed.D.<br />
Superintendent<br />
<strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> <strong>Schools</strong>
INTRODUCTION<br />
The Individuals with Disabilities Education Act (IDEA), as amended by the Individuals with<br />
Disabilities Education Improvement Act of 2004, has provided a policy framework to ensure that a<br />
Free Appropriate <strong>Public</strong> Education (FAPE) is available to all <strong>child</strong>ren and youth with disabilities. In<br />
addition, the Commonwealth of Kentucky has clarified federal requirements through the Kentucky<br />
Administrative Regulations (KARs). Kentucky’s school districts must act within the parameters of<br />
the KARs to provide appropriate special <strong>education</strong> and related services to <strong>child</strong>ren and youth with<br />
disabilities.<br />
Revisions to the Exceptional Child Education Procedures manual became necessary following the<br />
revision of the KARs in 2007 to reflect changes in the federal laws governing the <strong>education</strong> of<br />
<strong>child</strong>ren and youth with disabilities. This manual has been revised to provide clear guidelines for<br />
procedures that apply to <strong>child</strong>ren and youth with disabilities and to provide support for staff in the<br />
district’s effort to comply with all applicable regulations. Training will be made available annually<br />
to provide staff with the opportunity to become effective in the use of this manual.
Table of Contents<br />
Chapter 1 Definitions (707 KAR 1:002) ...................................................................................................1<br />
Section I Definitions ......................................................................................................1<br />
Chapter 2 Free Appropriate <strong>Public</strong> Education (707 KAR 1:290)..............................................................1<br />
Section I Free Appropriate <strong>Public</strong> Education.................................................................1<br />
No Cost to Parent............................................................................................2<br />
Section II ARC Placement of the Child or Youth in Private School or Agency<br />
Other Than the District ...................................................................................3<br />
Other State Agencies Responsible for Education ...........................................5<br />
Payment for Services and Contract Provisions...............................................5<br />
Section III Residential Program........................................................................................6<br />
Section IV Proper Functioning of Hearing Aids...............................................................7<br />
Section V Program Options.............................................................................................7<br />
Section VI Nonacademic Services....................................................................................7<br />
Section VII Physical Education..........................................................................................8<br />
Section VIII Assistive Technology......................................................................................8<br />
Section IX Extended School Year Services......................................................................9<br />
ARC Analysis of ESY Criteria .......................................................................9<br />
Consideration of ESY Services for Three- (3-) Year Old<br />
Children in Transition...................................................................................10<br />
Section X Prohibition of Mandatory Medication ..........................................................11<br />
Chapter 3 Child Find, Evaluation, and Reevaluation (707 KAR 1:300)...................................................1<br />
Section I Child Find System ..........................................................................................1<br />
Child Find Activities.......................................................................................1<br />
Use of Screening Information.........................................................................3<br />
Use of Information Obtained Through Intake Procedures..............................3<br />
Early-Intervention Transition Planning ..........................................................3<br />
Section II Child Tracking ................................................................................................4<br />
Section III Coordinated Early Intervening System...........................................................5<br />
Section IV Referral System ..............................................................................................6<br />
ARC Use of Referral Information ..................................................................7<br />
ARC Action ....................................................................................................7<br />
Failure of Referral to Support a Suspected Disability ....................................8<br />
Determination That a Disability Is Suspected ................................................8<br />
Section V<br />
Evaluation/Reevaluation.................................................................................9<br />
Initial Evaluation ............................................................................................9<br />
Reevaluation .................................................................................................10<br />
ARC Meeting to Discuss Need for Reevaluation .........................................12<br />
Section VI Test Criteria ..................................................................................................14<br />
Criteria and Responsibilities of Evaluation Personnel..................................16<br />
Disproportionality.........................................................................................17<br />
Written Evaluation Report............................................................................18<br />
Section VII Summary of Academic Achievement and Functional Performance.............19<br />
Appendix A Child Find Notice .........................................................................................21<br />
Chapter 4 Determination Of Eligibility (707 KAR 1:310)........................................................................1
Section I ARC Process .................................................................................................. 1<br />
Sufficient/Insufficient Evaluation Information .............................................. 3<br />
Section II Determination of Eligibility ........................................................................... 3<br />
Step 1: Presence of a Disability...................................................................... 3<br />
Step 2: Adverse Effect of Disability on Educational Performance ................ 4<br />
Step 3: Determinant Factors........................................................................... 4<br />
Section III Categories of Disabilities ............................................................................... 6<br />
Autism ............................................................................................................ 6<br />
Deaf-Blindness............................................................................................... 7<br />
Development Delay........................................................................................ 7<br />
Emotional–Behavioral Disability................................................................... 8<br />
Hearing Impairment ..................................................................................... 10<br />
Mental Disability.......................................................................................... 11<br />
Multiple Disabilities..................................................................................... 12<br />
Other Health Impaired.................................................................................. 13<br />
Orthopedic Impairment or Physically Disabled ........................................... 14<br />
Specific Learning Disabilities ...................................................................... 14<br />
Speech or Language Impairment.................................................................. 18<br />
Traumatic Brain Injury................................................................................. 19<br />
Visual Impairment........................................................................................ 20<br />
Chapter 5 Individual Education Program (707 KAR 1:320) .................................................................... 1<br />
Section I Individual Education Programs...................................................................... 1<br />
Accessibility of IEP to Staff Members Who Are Responsible for<br />
Implementation............................................................................................... 2<br />
Section II Admissions and Release Committee Meetings .............................................. 2<br />
Actions Prior to Meeting to Develop an IEP.................................................. 4<br />
Notice of ARC Meetings................................................................................ 4<br />
ARC Meeting Discussions and Documentation of Proposed or Refused<br />
Actions ........................................................................................................... 5<br />
ARC Decision-Making Process...................................................................... 5<br />
ARC Not Required to Meet for Minor Changes to IEP ................................. 6<br />
Section III ARC Membership .......................................................................................... 6<br />
Dismissal of Attendance................................................................................. 7<br />
Parents of the Child or Youth......................................................................... 8<br />
ARC Chairperson/District Representative ..................................................... 8<br />
Exceptional Child Education Teacher............................................................ 9<br />
Regular Education Program Teacher ............................................................. 9<br />
Person Who Can Interpret Evaluation Results, Including Instructional<br />
Implications, If Appropriate......................................................................... 10<br />
Related Services Personnel, If Appropriate ................................................. 10<br />
Student With a Disability, If Appropriate .................................................... 11<br />
Other Individuals Who Are Knowledgeable About the Child or Youth ...... 11<br />
Agency Representatives Involved in Transition Planning, If Appropriate .. 12<br />
Section IV Parent Participation ...................................................................................... 12<br />
Methods to Ensure Parent Participation ....................................................... 12<br />
Conducting the ARC Meeting Without a Parent.......................................... 13<br />
Changing the IEP When Parents Do Not Attend an ARC Meeting ............. 13<br />
Section V Contents of the Individual Education Program ............................................ 14<br />
ARC Considerations in IEP Development ................................................... 14<br />
Present Levels of Academic Achievement and Functional Performance..... 15
Developing Measurable Academic and Functional Annual Goals ...............15<br />
Benchmarks or Short-Term Objectives ........................................................16<br />
Measuring Student Progress .........................................................................17<br />
Specially Designed Instruction, Supplementary Aids and Services,<br />
Program Modifications, and Supports for School Personnel........................17<br />
Related Services............................................................................................18<br />
Participation in Statewide or Districtwide Assessments/Alternate Portfolios ..<br />
......................................................................................................................18<br />
Participation in Least Restrictive Environment ............................................19<br />
Specifying Projected Dates for Initiation, Duration, Location and<br />
Frequency of Services and Modifications.....................................................19<br />
Monitoring of Progress and Reporting to Parents.........................................20<br />
Section VI Transition Services .......................................................................................20<br />
Preschool Transition .....................................................................................20<br />
Post-School Transition..................................................................................21<br />
Section VII<br />
Services for Transfer Students......................................................................23<br />
Provision of FAPE for a Transfer Student Within Kentucky .......................23<br />
Temporary Placement...................................................................................24<br />
Students Who Transfer During the Evaluation Process................................26<br />
Section VIII Individual Education Program Accountability .............................................26<br />
Good-Faith Efforts........................................................................................26<br />
Inclusion in Statewide Assessments .............................................................26<br />
Parents Retain All Due-Process Rights ........................................................26<br />
Section IX<br />
Placement at Kentucky School for the Blind and Kentucky School for<br />
the Deaf.........................................................................................................27<br />
Initial and Continuing Placement at KSB or KSD........................................27<br />
Records .........................................................................................................27<br />
Chapter 6 Placement Decisions (707 KAR 1:350)....................................................................................1<br />
Section I Placement Decisions.......................................................................................1<br />
Participation With Children and Youth Who Are Not Disabled ....................1<br />
Continuum of Alternative Placements............................................................2<br />
Placement Considerations...............................................................................2<br />
ARC Determination of Placement ..................................................................4<br />
Transfer From Another District or Educational Agency ................................5<br />
Section II Change in Placement/Services........................................................................5<br />
Release From Special Education and Related Services..................................6<br />
Transfer and Withdrawal From School Prior to Program Completion...........7<br />
Graduating With a Diploma............................................................................7<br />
Completion of Nondiploma Program (Certificate of Attainment)..................8<br />
Release Due to Aging Out ..............................................................................8<br />
Summary of Performance ...............................................................................9<br />
Length of School Day.....................................................................................9<br />
Section III Caseload and Class Size for Exceptional Child Education Classrooms .......10<br />
Appendix A Caseload and Class Size Per 707 KAR 1:350...............................................13<br />
Chapter 7 Procedural Safeguards and State Complaint Procedures (707 KAR 1:340, Sections 1-12) .....1<br />
Section I Notice – Parent Participation in Meetings ......................................................1<br />
Written Notice of Admissions and Release Committee Meetings..................1<br />
Inspection and Review of Records .................................................................2<br />
Conversation Without a Parent Present ..........................................................3
Section II Independent Educational Evaluation.............................................................. 3<br />
Parental Right to an Independent Educational Evaluation ............................. 3<br />
<strong>Public</strong> Expense ............................................................................................... 4<br />
Private Expense (Parent) ................................................................................ 4<br />
Section III Notice of Procedural Safeguards (Parent Rights)........................................... 4<br />
Section IV Written Notice of Proposed or Refused Action (Meeting Summary) ............ 5<br />
Section V Parental Consent............................................................................................. 6<br />
Consent for Initial Evaluation ........................................................................ 7<br />
Consent When the Child Is in the Custody of the State or Foster Child ........ 7<br />
Consent for Provision of Special Education and Related Services ................ 8<br />
Consent for Reevaluation ............................................................................... 9<br />
Denial or Revocation of Parental consent ...................................................... 9<br />
Section VI Representation of Children and Youth......................................................... 10<br />
Determination of Representation.................................................................. 10<br />
Biological or Adoptive Parents .................................................................... 11<br />
Legal Guardian............................................................................................. 11<br />
Person Acting as a Parent............................................................................. 12<br />
Commitment to Commonwealth of Kentucky Cabinet for Family and<br />
Children or Kentucky Department of Juvenile Justice................................. 12<br />
Foster Parent................................................................................................. 13<br />
Emancipation................................................................................................ 13<br />
Surrogate Parent ........................................................................................... 14<br />
Section VII State Complaint Procedures ......................................................................... 17<br />
Right to File a Complaint ............................................................................. 17<br />
Procedures for Addressing the Complaint.................................................... 17<br />
Right to Appeal a Written Decision From KDE/DECS ............................... 18<br />
Implementation of Final Decision................................................................ 18<br />
Section VIII Mediation Procedures................................................................................... 18<br />
Right to Mediation ....................................................................................... 18<br />
Requirements of Mediation.......................................................................... 19<br />
Dispute Resolution ....................................................................................... 19<br />
A Resolution to the Dispute ......................................................................... 20<br />
Failure to Hold a Meeting ............................................................................ 20<br />
Timeline of the Due-Process Hearing .......................................................... 21<br />
Section IX Due-Process Hearing Procedures ................................................................. 21<br />
Hearing Requests.......................................................................................... 21<br />
Appeal of Decision....................................................................................... 22<br />
Student Status During Pendency of Judicial Proceedings............................ 23<br />
Chapter 8 Discipline Procedures (707 KAR 1:340, Sections 13-17)........................................................ 1<br />
Section I Discipline Procedures..................................................................................... 1<br />
Student Behavior............................................................................................ 1<br />
Suspensions for 5 Days or Less in a School Year.......................................... 1<br />
Notice Prior to a Disciplinary ARC Meeting ................................................. 2<br />
Suspensions of More Than 5 Cumulative Days In a School Year ................. 2<br />
Functional Behavior Assessment and Behavior Intervention Plan ................ 2<br />
Manifestation Determination.......................................................................... 3<br />
Provision of Educational Services.................................................................. 4<br />
Placement in an Alternative Educational School or Program ........................ 5
Changes in Placement to an Interim Alternative Educational Setting for<br />
Violations Involving Weapons, Illegal Drugs, and Controlled<br />
Substances.......................................................................................................6<br />
Section II Appeals from Placement Decisions ................................................................7<br />
Section III Basis of Knowledge Regarding Students Not Yet Eligible ............................8<br />
Evaluation Requests During Disciplinary Proceedings ..................................9<br />
Section IV Reporting to Law Enforcement Agencies.......................................................9<br />
Reporting a Crime...........................................................................................9<br />
Transmission of Records ..............................................................................10<br />
Chapter 9 Confidentiality of Information (707 KAR 1:360).....................................................................1<br />
Section I Access Rights..................................................................................................1<br />
Inspection and Review of Education Records ...............................................1<br />
Access to Education Records..........................................................................1<br />
Explanation and Interpretation of Records .....................................................2<br />
Education Records ..........................................................................................2<br />
Test Protocols and Raw Data..........................................................................2<br />
Private Notes...................................................................................................3<br />
Representative of Parent to Inspect and Review Records ..............................3<br />
Section II Record of Disclosure (Access) .......................................................................3<br />
Section III Records on More Than One Child or Youth...................................................4<br />
Section IV Lists of Types and Locations of Records........................................................4<br />
Section V Fees.................................................................................................................4<br />
Section VI Amendment of Records at Parent’s Request ..................................................5<br />
Section VII Opportunity for a Hearing...............................................................................5<br />
Section VIII Consent ...........................................................................................................6<br />
Written Parental Consent................................................................................6<br />
Disclosure Without Consent ...........................................................................7<br />
Other Conditions for Release of Personally Identifiable Information ............9<br />
Parent Refusal to Release Information ...........................................................9<br />
Section IX Safeguards.....................................................................................................10<br />
Record Security ............................................................................................10<br />
Training Regarding Confidentiality Issues ...................................................10<br />
Listing of Persons Who May Have Access...................................................11<br />
Section X Destruction of Records .................................................................................11<br />
Section XI Rights of the Child or Youth.........................................................................12<br />
Section XII Records Regarding Migratory Children with Disabilities ............................12<br />
Appendix A Student Education Records Request ............................................................13<br />
Appendix B Record of Disclosure ....................................................................................17<br />
Appendix C Authorization to Disclose/Request Information ...........................................21<br />
Appendix D Access List — ECE Student Records ...........................................................25<br />
Chapter 10 Children with Disabilities Who Are Enrolled in Private School (707 KAR 1:370) .................1<br />
Section I Child Find for Children with Disabilities Who Have Been Enrolled by Their<br />
Parents in Private School ................................................................................1<br />
Section II Parental Consent for Evaluation .....................................................................1<br />
Section III Determination of Services for Parentally Placed Private School<br />
Children ..........................................................................................................2<br />
Determination of Proportionate Amount of Spending....................................2<br />
Consultation With Representatives of Private <strong>Schools</strong> Regarding Services ..3<br />
Section IV Service Provided Under Services Plans..........................................................4
Section V Location of Services....................................................................................... 6<br />
Section VI Due-Process Procedures................................................................................. 6<br />
Parents ............................................................................................................ 6<br />
Private School May Submit Complaint.......................................................... 6<br />
Section VII Restrictions on Serving Nonpublic Students.................................................. 7<br />
Section VIII Children with Disabilities Enrolled in Private <strong>Schools</strong> by Their Parents<br />
when FAPE Is an Issue................................................................................... 8
CHAPTER 1<br />
DEFINITIONS<br />
707 KAR 1:002<br />
SECTION I<br />
DEFINITIONS<br />
Admissions and Release Committee (ARC) means a group of individuals described in 707 KAR<br />
1:320 Section 3 that is responsible for developing, reviewing, or revising an Individual Education<br />
Program (IEP) for a <strong>child</strong> with a disability.<br />
Adverse effect means that the progress of the <strong>child</strong> is impeded by the disability to the extent that the<br />
<strong>education</strong>al performance is significantly and consistently below the level of similar-age peers.<br />
Assistive technology device means any item, piece of equipment, or product system, whether<br />
acquired commercially, off the shelf, modified, or customized, that is used to increase, maintain, or<br />
improve the functional capabilities of a <strong>child</strong> with a disability. The term does not mean a medical<br />
device that is surgically implanted, or the replacement of such a device.<br />
Assistive technology service means any service that directly assists a <strong>child</strong> with a disability in the<br />
selection, acquisition, or use of an assistive technology device. This term shall include:<br />
A. The evaluation of the needs of a <strong>child</strong> with a disability, including a functional evaluation<br />
of the <strong>child</strong> in the <strong>child</strong>’s customary environment;<br />
B. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology<br />
devices by <strong>child</strong>ren with disabilities;<br />
C. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or<br />
replacing assistive technology devices;<br />
D. Coordinating and using other therapies, interventions, or services with assistive<br />
technology devices, like those associated with existing <strong>education</strong> and rehabilitation plans<br />
and programs;<br />
E. Training or technical assistance for a <strong>child</strong> with a disability or, if appropriate, that <strong>child</strong>'s<br />
family; and<br />
F. Training or technical assistance for professionals (including individuals providing<br />
<strong>education</strong> or rehabilitation services), employers, or other individuals who provide<br />
services to, employ, or are otherwise substantially involved in the major life functions of<br />
the <strong>child</strong>.<br />
Autism means a developmental disability significantly affecting verbal and nonverbal<br />
communication and social interaction, generally evident before age three (3) that adversely affects a<br />
<strong>child</strong>’s <strong>education</strong>al performance. Other characteristics often associated with autism are engagement<br />
in repetitive activities and stereotyped movements, resistance to environmental change or change in<br />
daily routines, and unusual responses to sensory experiences. The term will not apply if a <strong>child</strong>’s<br />
<strong>education</strong>al performance is adversely affected primarily because the <strong>child</strong> has an emotional-behavior<br />
disability.<br />
Business day means Monday through Friday except for federal and state holidays, unless a holiday<br />
1: Definitions 1
is specifically included in the designation of business day as in 707 KAR 1:370 Section 1.<br />
Caseload for special classes means the number of <strong>child</strong>ren with disabilities assigned to a teacher of<br />
<strong>exceptional</strong> <strong>child</strong>ren for the purpose of providing individualized special <strong>education</strong> and related<br />
services in a special class setting.<br />
Change of placement because of disciplinary removals means a change of placement occurs if:<br />
A. The removal is for more than ten (10) consecutive schools days; or<br />
B. The <strong>child</strong> has been subjected to a series of removals that constitute a pattern (which is<br />
determined on a case-by-case basis) because:<br />
1. The series of removals total more than 10 school days in a school year;<br />
2. The <strong>child</strong>’s behavior is substantially similar to the <strong>child</strong>’s behavior in previous<br />
incidents that resulted in the series of removals; and<br />
3. Of additional factors including the length of each removal, the total amount of<br />
time the <strong>child</strong> has been removed, and the proximity of the removals to one<br />
another.<br />
Child with a disability means a <strong>child</strong> evaluated in accordance with 707 KAR 1:300, as meeting the<br />
criteria listed in the definitions in this section for autism, deaf-blindness, developmental delay,<br />
emotional-behavior disability, hearing impairment, mental disability, multiple disabilities,<br />
orthopedic impairment, other health impairment, specific learning disability, speech or language<br />
impairment, traumatic brain injury, or visual impairment which has an adverse effect on the <strong>child</strong>’s<br />
<strong>education</strong>al performance and who, as a result, needs special <strong>education</strong> and related services.<br />
Class size for resource classes means the number of <strong>child</strong>ren with disabilities assigned to a teacher<br />
of <strong>exceptional</strong> <strong>child</strong>ren per period, block, or the specified length of the time set by the individual<br />
school.<br />
Collaboration means, for purposes of determining class size in 707 KAR 1:350, Section 2, a teacher<br />
of <strong>exceptional</strong> <strong>child</strong>ren works with <strong>child</strong>ren with disabilities in the regular classroom to provide<br />
special <strong>education</strong> and related services.<br />
Complaint means a written allegation that a local <strong>education</strong> agency (LEA) has violated a<br />
requirement of the Individuals with Disabilities Education Act (IDEA) or an implementing<br />
administrative regulation and the facts on which the statement is based.<br />
Compliance means the obligations of state or federal requirements are met.<br />
Compliance monitoring report means a written description of the findings of an investigation, like<br />
on-site monitoring, citing each requirement found in noncompliance.<br />
Consent means:<br />
A. A parent has been fully informed of all information relevant to the activity for which<br />
consent is sought in his native language or other mode of communication;<br />
2 1: Definitions
B. A parent understands and agrees in writing to the carrying out of the activity for which<br />
his consent is sought; and the consent describes the activity and lists the records, if any,<br />
that will be released and to whom;<br />
C. A parent understands that the granting of consent is voluntary on the part of the parent<br />
and may be revoked at any time; and,<br />
D. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an<br />
action that has occurred after the consent was given and before the consent was revoked).<br />
Controlled substance means a drug or other substance identified under 21 U.S.C. Section 812(c).<br />
Core academic subjects means English, reading or language arts, mathematics, science, foreign<br />
language, civics and government, economics, arts, history, and geography.<br />
Corrective action plan (CAP) means a written improvement plan describing activities and<br />
timelines, with persons responsible for implementation, developed to correct identified areas of<br />
noncompliance, including directives from the Kentucky Department of Education (KDE) specifying<br />
actions to be taken to fulfill a legal obligation.<br />
Course of study means a multi-year description of coursework from the student’s current school<br />
year to the anticipated exit year designed to achieve the student’s desired post-school goals.<br />
Day means calendar day, unless otherwise indicated as business day or school day.<br />
Deaf-Blindness means concomitant hearing and visual impairments that have an adverse effect on<br />
the <strong>child</strong>’s <strong>education</strong>al performance, the combination of which causes severe communication and<br />
other developmental and <strong>education</strong>al needs that cannot be accommodated in special <strong>education</strong><br />
programs solely for <strong>child</strong>ren with deafness or <strong>child</strong>ren with blindness, unless supplementary<br />
assistance is provided to address <strong>education</strong>al needs resulting from the two (2) disabilities.<br />
Developmental delay (DD) means that a <strong>child</strong> within the ages of three (3) through eight (8) has not<br />
acquired skills or achieved commensurate with recognized performance expectations for his or her<br />
age in one (1) or more of the following developmental areas: cognition, communication, motor<br />
development, social-emotional development, or self-help/adaptive behavior. Developmental delay<br />
includes a <strong>child</strong> who demonstrates a measurable, verifiable discrepancy between expected<br />
performance for the <strong>child</strong>’s chronological age and current level of performance. The discrepancy<br />
will be documented by:<br />
A. Scores of two (2) standard deviations or more below the mean in one (1) of the areas<br />
listed above as obtained using norm-referenced instruments and procedures;<br />
B. Scores of one and one-half standard deviations below the mean in two (2) or more of the<br />
areas listed above using norm-referenced instruments and procedures; or<br />
C. The professional judgment of the ARC that there is a significant atypical quality or<br />
pattern of development. Professional judgment will be used only where normed scores<br />
are inconclusive and the ARC documents in a written report the reasons for concluding<br />
that a <strong>child</strong> has a developmental delay.<br />
1: Definitions 3
Education Records means records as defined in the Family Educational Rights and Privacy Act of<br />
1974, 20 U.S.C. Section 1232(g).<br />
Emotional-behavioral disability (EBD) means that a <strong>child</strong>, when provided with interventions to<br />
meet instructional and social-emotional needs, continues to exhibit one or more of the following,<br />
when compared to the <strong>child</strong>’s peer and cultural reference groups, across settings, over a long period<br />
of time, and to a marked degree:<br />
A. Severe deficits in social competence or appropriate behavior which cause an inability to<br />
build or maintain satisfactory interpersonal relationships with adults or peers;<br />
B. Severe deficits in academic performance which are not commensurate with the student’s<br />
ability level and are not solely a result of intellectual, sensory, or other health factors but<br />
are related to the <strong>child</strong>’s social-emotional problem;<br />
C. A general pervasive mood of unhappiness or depression; or<br />
D. A tendency to develop physical symptoms or fears associated with personal or school<br />
problems.<br />
This term does not apply to <strong>child</strong>ren who display isolated (not necessarily one), inappropriate<br />
behaviors that are the result of willful, intentional, or wanton actions unless it is determined through<br />
the evaluations process that the <strong>child</strong> does have an emotional-behavioral disability.<br />
Enforcement means the KDE takes steps to ensure federal and state special <strong>education</strong> requirements<br />
are implemented.<br />
Extended school year services means specially designed instruction and related services that are<br />
provided to a <strong>child</strong> with a disability beyond the normal school year in accordance with the <strong>child</strong>’s<br />
IEP at no cost to the parents.<br />
Free appropriate public <strong>education</strong> (FAPE) means special <strong>education</strong> and related services that:<br />
A. Are provided at public expense, under public supervision and direction, and without<br />
charge;<br />
B. Meet the standards of the KDE included in 707 KAR Chapter 1 and the Program of<br />
Studies, 704 KAR 3:303, as appropriate;<br />
C. Include preschool, elementary school, or secondary school <strong>education</strong> in the state; and<br />
D. Are provided in conformity with an IEP that meets the requirements of 707 KAR 1:320.<br />
Functional means activities and skills that are not considered academic or related to a <strong>child</strong>’s<br />
academic achievement as measured on statewide assessments pursuant to 703 KAR Chapter 5.<br />
Hearing impairment (sometimes referred to as deaf or hard of hearing) means a hearing loss that:<br />
A. May be mild to profound, unilateral or bilateral, permanent or fluctuating, and is<br />
determined by:<br />
1. An average pure tone hearing loss in the speech range (500 Hz, 1000 Hz, and 2000<br />
Hz) of at least 25 dB in the better ear;<br />
4 1: Definitions
2. An average pure tone hearing loss in the high-frequency range (2000 Hz, 4000 Hz,<br />
and 6000 Hz) of at least 45 dB in the better ear; or<br />
3. An average pure-tone unilateral hearing loss in the speech range (500 Hz, 1000 Hz,<br />
and 2000 Hz) of at least 60dB in the impaired ear; and<br />
B. Results in difficulty identifying linguistic information through hearing; and<br />
C. Has an adverse effect on the <strong>child</strong>’s <strong>education</strong>al performance.<br />
High school diploma means the student has completed the required course of study with the<br />
minimum number of credit hours as required by 704 KAR 3:305 and any applicable local district<br />
requirements. “High school diploma” does not mean a certificate of attainment or a GED.<br />
Home school means for purposes of 707 KAR Chapter 1 only, a private school primarily conducted<br />
in one’s residence.<br />
IDEA means the Individuals with Disabilities Education Act, 20 U.S.C. Section 1400 through 1450,<br />
as amended.<br />
Independent <strong>education</strong> evaluation means an evaluation conducted by a qualified examiner who is<br />
not employed by the LEA responsible for the <strong>education</strong> of the <strong>child</strong> in question.<br />
Individual Education Program (IEP) means a written statement for a <strong>child</strong> with a disability that is<br />
developed, reviewed, and revised in accordance with 707 KAR 1:320.<br />
Interpreting services means, with respect to <strong>child</strong>ren who are deaf or hard of hearing, oral<br />
transliteration services, cued language transliteration services, sign language transliteration and<br />
interpreting services, and transcription services such as communication access real-time translation<br />
(CART) C-Print and TypeWell and special interpreting services for <strong>child</strong>ren who are deaf-blind.<br />
Local <strong>education</strong>al agency (LEA) means a public local board of <strong>education</strong> or other legally<br />
constituted public authority that has either administrative control or direction of public elementary or<br />
secondary schools in a school district or other political subdivision of the Commonwealth. LEA also<br />
means any other public institution or agency, including the Kentucky School for the Blind (KSB)<br />
and the Kentucky School for the Deaf (KSD), that is charged by state statute with the responsibility<br />
of providing <strong>education</strong>al services to <strong>child</strong>ren with disabilities.<br />
Mental disability means that a <strong>child</strong> has one (1) of the following:<br />
A. A mild mental disability (MMD) in which:<br />
1. Cognitive functioning is at least two (2) but no more than three (3) standard<br />
deviations below the mean;<br />
2. Adaptive behavior deficit is at least two (2) standard deviations below the<br />
mean;<br />
3. A severe deficit exists in overall academic performance including acquisition,<br />
retention, and application of knowledge; and<br />
4. Is typically manifested during the developmental period; or<br />
B. A functional mental disability (FMD) in which:<br />
1: Definitions 5
1. Cognitive functioning is at least three (3) or more standard deviations below<br />
the mean;<br />
2. Adaptive behavior deficits are at least three (3) or more standard deviations<br />
below the mean;<br />
3. A severe deficit exists in overall academic performance including acquisition,<br />
retention, and application of knowledge; and<br />
4. Is typically manifested during the developmental period.<br />
Monitoring means the gathering and reviewing of information to determine if a project or program<br />
meets state and IDEA requirements, including the implementation of corrective action plans.<br />
Multiple disabilities (MD) means concomitant impairments that have an adverse effect on the<br />
<strong>child</strong>’s <strong>education</strong>al performance (e.g., mental disability-blindness, mental disability-orthopedic<br />
impairment, etc.), the combination of which causes severe <strong>education</strong>al needs that cannot be<br />
accommodated in special <strong>education</strong> programs solely for one (1) of the impairments. Multiple<br />
disabilities does not mean deaf-blindness nor does it mean a speech or language impairment in<br />
combination with another category of disability.<br />
Native language means, if used in reference to an individual of limited English proficiency, the<br />
following:<br />
A. The language normally used by that individual or, in the case of a <strong>child</strong>, the language<br />
normally used by the parents of the <strong>child</strong>;<br />
B. In all direct contact with a <strong>child</strong> (including evaluation of the <strong>child</strong>), the language<br />
normally used by the <strong>child</strong> in the home or learning environment; or<br />
C. For an individual with deafness or blindness or for an individual with no written<br />
language, the mode of communication that is normally used by the individual (e.g., sign<br />
language, Braille, or oral communication).<br />
Orthopedic impairment (OI) means a severe orthopedic impairment that adversely affects a <strong>child</strong>’s<br />
<strong>education</strong>al performance. The term includes an impairment caused by a congenital anomaly (e.g.,<br />
clubfoot, absence of some member, etc.), an impairment caused by disease (e.g., poliomyelitis, bone<br />
tuberculosis, etc), and an impairment from another cause (e.g., cerebral palsy, amputations, and<br />
fractures or burns that causes contractures).<br />
Other health impairment (OHI) means having limited strength, vitality, or alertness, including a<br />
heightened alertness to environmental stimuli, that results in limited alertness with respect to the<br />
<strong>education</strong>al environment, that:<br />
A. Is due to a chronic or acute health problem, (e.g., acquired immune deficiency syndrome<br />
(AIDS), asthma, attention deficit disorder (ADD) or attention deficit hyperactivity<br />
disorder (ADHD), diabetes, epilepsy, a heart condition, hemophilia, lead poisoning,<br />
leukemia, nephritis, rheumatic fever, sickle cell anemia, Tourette syndrome, or<br />
tuberculosis); and<br />
B. Adversely affects a <strong>child</strong>’s <strong>education</strong>al performance.<br />
6 1: Definitions
Parent means:<br />
A. A biological or adoptive parent of a <strong>child</strong>;<br />
B. A guardian generally authorized to act as the <strong>child</strong>’s parent, or authorized to make<br />
<strong>education</strong>al decisions for the <strong>child</strong>, but not the state if the <strong>child</strong> is a ward of the state;<br />
C. A person acting in the place of a biological or adoptive parent (e.g., a grandparent or<br />
stepparent or other relative) with whom the <strong>child</strong> lives or a person who is legally<br />
responsible for the <strong>child</strong>’s welfare;<br />
D. A foster parent if the biological or adoptive parents’ authority to make <strong>education</strong>al<br />
decisions on the <strong>child</strong>’s behalf has been extinguished an the foster parent has an ongoing,<br />
long-term parental relationship with the <strong>child</strong>, is willing to make the <strong>education</strong>al<br />
decisions required of parents under 707 KAR Chapter 1, and has no interest that would<br />
conflict with the interests of the <strong>child</strong>;<br />
E. A foster parent, if the biological or adoptive parents’ grants authority in writing for the<br />
foster parent to make <strong>education</strong>al decisions on the <strong>child</strong>’s behalf, and the foster parent is<br />
willing to make the <strong>education</strong>al decisions required of a parent under 707 KAR Chapter 1,<br />
and has no interest that would conflict with the interests of the <strong>child</strong>; or<br />
F. A surrogate parent who has been appointed in accordance with 707 KAR 1:340, Section<br />
6.<br />
Participating agency means a state or local agency other than the LEA that is financially and<br />
legally responsible for providing transition services to a <strong>child</strong> with a disability.<br />
Personally identifiable information means information that includes the name of the <strong>child</strong>, the<br />
<strong>child</strong>’s parent, or other family member; the address of the <strong>child</strong>, a personal identifier, including the<br />
<strong>child</strong>’s social security number or student number, or a list of personal characteristics or other<br />
information that would make it possible to identify the <strong>child</strong> with reasonable certainty.<br />
Postsecondary goals mean those goals that a student hopes to achieve after leaving high school.<br />
Private school <strong>child</strong>ren with disabilities means <strong>child</strong>ren with disabilities enrolled by their parents<br />
in private elementary or secondary schools as defined by IDEA regulations, 34 CFR Part 300.13 and<br />
300.36 and not <strong>child</strong>ren with disabilities enrolled in private schools upon referral by a LEA.<br />
<strong>Public</strong> expense means that the LEA either pays for the full cost of the services to meet the<br />
requirements of 707 KAR Chapter 1 or ensures that the services are otherwise provided at no cost to<br />
the parent. Nothing in these administrative regulations will relieve an insurer or similar third party<br />
from an otherwise valid obligation to provide or to pay for services provided to a <strong>child</strong> with a<br />
disability.<br />
Qualified personnel mean personnel who meet the statutory or regulatory qualifications for each<br />
respective profession currently applicable in this state.<br />
Reasonable efforts to obtain voluntary compliance mean active and ongoing efforts by the KDE<br />
through technical assistance and negotiation to arrive at an acceptable CAP and follow through on an<br />
agreed upon CAP.<br />
1: Definitions 7
Related services means transportation and such developmental, corrective, or supportive services as<br />
are required to assist a <strong>child</strong> with a disability to benefit from special <strong>education</strong>. It includes<br />
speech/language pathology and audiology services, interpreting services, psychological services,<br />
physical and occupational therapy, recreation including therapeutic recreation, early identification<br />
and assessment of disabilities in <strong>child</strong>ren, counseling services including rehabilitation counseling,<br />
orientation and mobility services, and medical services for diagnostic or evaluation purposes.<br />
Related services also means school health services and school nurse services, social work services in<br />
school, and parent counseling and training. Related services do not include a medical device that is<br />
surgically implanted, the optimization of that device’s functioning (such as mapping), maintenance<br />
of that device, or the replacement of that device. The definition of related services doe not: 1) the<br />
responsibility of the LEA to appropriately monitor and maintain medical devices that are needed to<br />
maintain the health and safety of the <strong>child</strong>, including breathing, nutrition, or operation of other<br />
bodily functions, while the <strong>child</strong> is transported to and from school or is at school; 2) prevents the<br />
routine checking of an external component of a surgically implanted device to make sure it is<br />
functioning properly or 3) limit the right of a <strong>child</strong> with a surgically implanted device to receive<br />
related services that are determined by the ARC to be necessary for the <strong>child</strong> to receive FAPE.<br />
Sanctions means actions (e.g., technical assistance, consultation, training) that are taken by the KDE<br />
in response to a LEA’s failure to comply with the required standards in state and federal laws and<br />
administrative regulations.<br />
School day means any day, including a partial day that <strong>child</strong>ren are in attendance at school for<br />
instructional purposes. School day means the same thing for all <strong>child</strong>ren in school, including<br />
<strong>child</strong>ren with or without disabilities.<br />
Serious bodily injury means bodily injury as established in 18 U.S.C. Section 1365 (h) (3).<br />
Services plan means a written statement that describes the special <strong>education</strong> or related services that<br />
the LEA will provide to a parentally-placed <strong>child</strong> with a disability enrolled in a private school who<br />
has been designated to receive services, including the location of the services and any transportation<br />
necessary that is developed in accordance with 707 KAR 1:370.<br />
Special <strong>education</strong> means specially designed instruction, at no cost to the parent, to meet the unique<br />
needs of the <strong>child</strong> with a disability including instruction in the classroom, in the home, in hospitals<br />
and institutions, and in other settings. Special <strong>education</strong> means speech/language pathology services<br />
(if the service is considered special <strong>education</strong> rather than a related service), travel training, and<br />
vocational <strong>education</strong>.<br />
Special <strong>education</strong> mentor means individuals with <strong>exceptional</strong> expertise, experience, and<br />
certification in special <strong>education</strong> administration or teaching granted the authority described in KRS<br />
157.197.<br />
Specially designed instruction means adapting as appropriate the content, methodology, or delivery<br />
of instruction to address the unique needs of the <strong>child</strong> with a disability and to ensure access of the<br />
<strong>child</strong> to the general curriculum included in the Program of Studies, 704 KAR 3:303.<br />
8 1: Definitions
Specific learning disability (SLD) means a disorder that adversely affects the ability to acquire,<br />
comprehend or apply reading, mathematical, writing, reasoning, listening, or speaking skills to the<br />
extent that specially designed instruction is required to benefit from <strong>education</strong>. The specific learning<br />
disability (LD) may include dyslexia, dyscalculia, dysgraphia, developmental aphasia, and<br />
perceptual/motor disabilities. The term does not include deficits that are the result of other primary<br />
determinant or disabling factors such as vision, hearing, motor impairment, mental disability,<br />
emotional/behavioral disability, environmental or economic disadvantaged, cultural factors, limited<br />
English proficiency, or lack of relevant research-based instruction in the deficit area.<br />
Speech or language impairment means a communication disorder, including stuttering, impaired<br />
articulation, a language impairment, a voice impairment, delayed acquisition of language, or an<br />
absence of language, that adversely affects a <strong>child</strong>’s <strong>education</strong>al performance.<br />
Supplementary aids and services means aids, services, and other supports that are provided in<br />
regular <strong>education</strong> classes or other <strong>education</strong>-related settings to enable a <strong>child</strong> with disabilities to be<br />
educated with nondisabled <strong>child</strong>ren to the maximum extent appropriate in accordance with<br />
707 KAR 1:350.<br />
Transition Services means a coordinated set of activities for a <strong>child</strong> with a disability that:<br />
A. Is designed within a results-oriented process, that is focused on improving the academic<br />
and functional achievement of the <strong>child</strong> with a disability to facilitate the <strong>child</strong>’s<br />
movement from school to post-school activities, including postsecondary <strong>education</strong>,<br />
vocational training, integrated employment (including supported employment),<br />
continuing and adult <strong>education</strong>, adult services, independent living, or community<br />
participation;<br />
B. Is based on the individual student’s needs, taking into account the <strong>child</strong>’s strengths,<br />
preferences, and interests; and<br />
C. Includes:<br />
1. Instruction;<br />
2. Related services;<br />
3. Community experiences;<br />
4. The development of employment and other post-school adult living objectives; and,<br />
5. If appropriate, acquisition of daily living skills and functional vocational evaluation.<br />
Traumatic brain injury (TBI) means an acquired injury to the brain caused by an external physical<br />
force, resulting in total or partial functional disability or psychosocial impairment, or both, that<br />
adversely affects a <strong>child</strong>’s <strong>education</strong>al performance. TBI does not mean brain injuries that are<br />
congenital or degenerative or brain injuries induced by birth trauma. TBI means open or closed head<br />
injuries resulting in impairments in one (1) or more areas, including the following:<br />
A. Cognition<br />
B. Language<br />
C. Memory<br />
D. Attention<br />
1: Definitions 9
E. Reasoning<br />
F. Abstract thinking<br />
G. Judgment<br />
H. Problem-solving<br />
I. Sensory, perceptual, and motor abilities<br />
J. Psychosocial behavior<br />
K. Physical functions<br />
L. Information processing<br />
M. Speech<br />
Travel training means instruction to <strong>child</strong>ren with significant cognitive disabilities and any other<br />
<strong>child</strong>ren with disabilities, as appropriate, to enable them to develop an awareness of the environment<br />
in which they live and to learn the skills necessary to move effectively and safely from place to place<br />
within that environment (e.g., school, home, work, and community).<br />
Visual impairment (VI) means a <strong>child</strong> has a vision loss, even with correction, as follows:<br />
A. Requires specialized materials, instruction in orientation and mobility, Braille, visual<br />
efficiency, or tactile exploration;<br />
B. Has an adverse effect on the <strong>child</strong>’s <strong>education</strong>al performance; and<br />
C. Meets the following:<br />
1. The <strong>child</strong> has visual acuity even with prescribed lenses that is 20/70 or worse in<br />
the better eye; or<br />
2. The <strong>child</strong> has visual acuity that is better than 20/70 and the <strong>child</strong> has one of the<br />
following conditions:<br />
a) A medically diagnosed progressive loss of vision;<br />
b) A visual field of twenty (20) degrees or worse;<br />
c) A medically diagnosed condition of cortical blindness; or<br />
d) A functional vision loss;<br />
Ward of the state means a <strong>child</strong> who has been committed to the Cabinet for Families and Children<br />
(CFC) or the Department of Juvenile Justice (DJJ) through a legal process, whether the commitment<br />
is voluntary or nonvoluntary and the biological or adoptive parental rights have been terminated.<br />
Weapon means dangerous weapon as defined in 18 U.S.C. Section 930 (g) (2).<br />
Withholding means no further payments of specified funds are made to an approved recipient.<br />
10 1: Definitions
CHAPTER 2<br />
FREE APPROPRIATE PUBLIC EDUCATION<br />
707 KAR 1:290<br />
SECTION I<br />
FREE APPROPRIATE PUBLIC EDUCATION<br />
An LEA * shall make a free appropriate public <strong>education</strong> (FAPE) available to all <strong>child</strong>ren with disabilities age three (3) to<br />
twenty-one (21) residing within its district’s boundaries who have not received a high school diploma, including <strong>child</strong>ren<br />
with disabilities who have been suspended or expelled for more than ten (10) school days in a school year. FAPE shall be<br />
provided to each <strong>child</strong> with a disability even though the <strong>child</strong> has not failed or been retained in a course and is advancing<br />
from grade to grade based on the <strong>child</strong>’s unique needs and not on the <strong>child</strong>’s disability. A LEA shall not be required to<br />
provide FAPE to a student eighteen (18) years old or older, who is placed in an adult correctional facility if, in the<br />
<strong>education</strong>al placement prior to placement in the correctional facility, the student was not identified as a <strong>child</strong> with a<br />
disability and did not have an IEP † . 707 KAR 1:290, Section 1(1)<br />
The <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District makes a free appropriate public <strong>education</strong><br />
(FAPE) available to each <strong>child</strong> or youth with a disability:<br />
A. Whose age is three (3) to twenty-one (21) years;<br />
B. Who resides in a home, facility, residence, or any type of shelter within the JCPS<br />
District’s geographical boundaries;<br />
C. Who has a disability, regardless of the severity;<br />
D. Who needs special <strong>education</strong> and related services;<br />
E. Who has been suspended or expelled for more than ten (10) school days in a school year;<br />
and<br />
F. Who has not graduated with a regular <strong>education</strong> diploma.<br />
The JCPS District makes FAPE available to <strong>child</strong>ren and youth with disabilities as specified — even<br />
though the <strong>child</strong> has not failed or been retained in a course and is advancing from grade to grade —<br />
based on the <strong>child</strong>’s unique needs and not on the <strong>child</strong>’s disability. The district provides to the <strong>child</strong><br />
and parents all of the rights under Part B of the Individual with Disabilities Education Act (IDEA)<br />
and under Kentucky law and the Kentucky Administrative Regulations (KARs).<br />
The district and its schools provide services for <strong>child</strong>ren and youth with disabilities ages three (3) to<br />
twenty-one (21) years, consistent with the Kentucky Program of Studies, 707 KAR Chapter 1<br />
(special-<strong>education</strong> regulations) and district procedures.<br />
Services for <strong>child</strong>ren and youth with disabilities include:<br />
A. Individualized instruction to meet the unique needs of <strong>child</strong>ren and youth with<br />
disabilities; and<br />
B. The variety of programs, services, and activities provided for <strong>child</strong>ren and youth without<br />
disabilities.<br />
* local <strong>education</strong>al agency (LEA), which means the JCPS District<br />
† Individual Education Program (IEP)<br />
2: FAPE 1
FAPE is provided through an Individual Education Program (IEP) that serves as a program of<br />
reasonably designed strategies and services to meet the individual needs of a <strong>child</strong> or youth with a<br />
disability.<br />
The district is not required to provide <strong>education</strong> to youths with disabilities who are eighteen (18)<br />
years or older and who are placed in an adult correctional facility if, in the <strong>education</strong>al placement<br />
prior to placement in the correctional facility, the student was not identified as a <strong>child</strong> with a<br />
disability and did not have an IEP.<br />
No Cost to Parent<br />
“Free appropriate public <strong>education</strong>” or “FAPE” means special <strong>education</strong> and related services that:<br />
(a) Are provided at public expense under public supervision and direction, and without charge;<br />
(b) Meet the standards of the Kentucky Department of Education included in 707 KAR Chapter 1 and the Program of<br />
Studies, 704 KAR 3:303, as appropriate;<br />
(c) Include preschool, elementary school, or secondary school <strong>education</strong> in the state; and<br />
(d) Are provided in conformity with an individual <strong>education</strong> program (IEP) that meets the requirement of 707 KAR<br />
1:320. 707 KAR 1:002, Section 1(27)<br />
“<strong>Public</strong> Expense” means that the LEA either pays for the full cost of the services to meet the requirements of 707 KAR<br />
Chapter 1 [special <strong>education</strong> regulations] or ensures that the services are otherwise provided at no cost to the parent.<br />
Nothing in these administrative regulations shall relieve an insurer or similar third party from an otherwise valid<br />
obligation to provide or to pay for services provided to a <strong>child</strong> with a disability. 707 KAR 1:002, Section 1(48)<br />
The district makes sure that any expenses for the identification, evaluation, and <strong>education</strong>al<br />
placement of a <strong>child</strong> or youth with disabilities, or the provision of special <strong>education</strong> and related<br />
services for a <strong>child</strong> or youth with disabilities, are at no cost to the parent.<br />
There is no cost to the parent and no cost to the youth if he or she is emancipated (age eighteen [18]<br />
or married). This requirement does not preclude charging incidental fees, which are normally<br />
charged to a <strong>child</strong> without disabilities or to the parent as part of the regular <strong>education</strong> program (e.g.,<br />
activity fees, field trips).<br />
Private Insurance<br />
The district ensures that services are at no cost to the parent through:<br />
A. Interagency agreements; state, local, or federal funds; or insurance reimbursement<br />
arrangements; or<br />
B. The use of third party-payments, private or public, that support the <strong>education</strong> or non<strong>education</strong><br />
costs of providing FAPE to a <strong>child</strong> or youth with a disability. The district may<br />
use third-party payments if:<br />
1. The parent agrees to the use;<br />
2. There are no out-of-pocket costs for the parent, such as a deductible amount incurred<br />
in filing a claim;<br />
3. There is no increase in the costs to the parent; and<br />
4. There is no decrease in benefits to the parent; or when:<br />
(a) The parent agrees to the use;<br />
2 2: FAPE
(b) The district pays any out-of-pocket or increased costs; and<br />
(c) There is no decrease in benefits to the parent.<br />
If payment for services under 707 KAR Chapter 1 is to be provided by an agency other than the<br />
district, the district will ensure that the services are provided without delay, even if there is a delay in<br />
the payment for those services.<br />
<strong>Public</strong> Insurance (e.g., Medicaid)<br />
The district is an authorized school-based health-services provider. When a <strong>child</strong> or youth with a<br />
medical card receives a billable service (e.g., speech therapy, physical therapy) through the IEP, the<br />
parent will be asked by the Admissions and Release Committee (ARC) chairperson/district<br />
representative to give written authorization for the district to bill these services directly to the <strong>child</strong>’s<br />
or youth’s medical card. The parent may choose to deny access to this Medicaid billing at any time.<br />
The parent will be told that the <strong>child</strong>’s or youth’s benefits under the Medicaid Program are not<br />
reduced because the district bills for appropriate services. The parent’s and <strong>child</strong>’s rights and<br />
services provided through an IEP are not affected in any way by the district’s participation in the<br />
Medicaid Program. In the event that a <strong>child</strong> or youth with a disability has a medical card and private<br />
insurance, the ARC chairperson/district representative will contact the executive director of<br />
Exceptional Child Education (ECE)/designee prior to making any decisions to bill Medicaid for<br />
services.<br />
Nothing in this part of the regulation relieves an insurer or similar third party from an otherwise<br />
valid obligation to provide or pay for services, including transition services, provided to a <strong>child</strong> or<br />
youth with a disability. This includes the Department of Vocational Rehabilitation or any other<br />
participating agency for which a <strong>child</strong> or youth with a disability meets the eligibility criteria of that<br />
agency.<br />
The district uses all fiscal resources available for the <strong>education</strong> of <strong>child</strong>ren and youth with<br />
disabilities according to all applicable state and federal laws and regulations.<br />
SECTION II<br />
ARC PLACEMENT OF A CHILD OR YOUTH IN A PRIVATE<br />
SCHOOL OR AGENCY OTHER THAN THE DISTRICT<br />
An LEA shall be responsible for ensuring the rights and protections under 707 KAR Chapter 1 are given to <strong>child</strong>ren with<br />
disabilities referred to or placed in private schools and facilities by the LEA. 707 KAR 1:290, Section 1(2)<br />
If any ARC chairperson/district representative anticipates that the IEP cannot be implemented at the<br />
student’s assigned school, the ARC chairperson/district representative will contact the coordinator of<br />
ECE Placement/designee for assistance in removing barriers to the implementation of the IEP.<br />
If the ARC, including the coordinator of ECE Placement/designee as an ARC member, determines<br />
that the special <strong>education</strong> and related services cannot be provided through an existing district<br />
program following procedures in Chapter 6, “Placement Decisions”, then the ARC explores<br />
placement alternatives in another local <strong>education</strong>al agency (LEA), another public or state-operated<br />
program, or a private agency or program.<br />
2: FAPE 3
Prior to placing a <strong>child</strong> with a disability in, or referring a <strong>child</strong> to, a private school or facility, the LEA shall initiate and<br />
conduct an ARC meeting to develop an IEP for the <strong>child</strong>.<br />
The LEA shall ensure that a representative of the private school or facility attends the ARC meeting. If the representative<br />
cannot attend, the LEA shall use other methods to ensure participation by the private school or facility, including<br />
individual or conference telephone calls. 707 KAR 1:320, Section 8(1-2)<br />
The coordinator of ECE Placement/designee contacts the program that provides the type of services<br />
specified in the IEP regarding the possible referral of the <strong>child</strong> or youth to the program and makes<br />
arrangements for the representative of the program to participate in the ARC meeting. Participation<br />
by the representative of the program is provided through attendance at meetings, written<br />
communication, or individual or conference telephone calls.<br />
In accordance with the written notification of the meeting, the ARC, including a representative of the<br />
program, meets to address the referral of the <strong>child</strong> or youth to that program. The ARC reviews the<br />
student’s IEP in collaboration with the representative of the program to determine if the program is<br />
able to provide the specified services. If the program is acceptable, it assumes responsibility for<br />
providing the special <strong>education</strong> and related services in the IEP. If applicable, the executive director<br />
of ECE completes a contract with the program for approval by the JCPS superintendent and<br />
<strong>Jefferson</strong> <strong>County</strong> Board of Education (JCBE) and arranges transportation for the student that is<br />
consistent with the beginning dates in the IEP.<br />
If the program is not appropriate, then the ARC members explore options for other alternative<br />
placements.<br />
If a <strong>child</strong> with a disability is placed by the LEA in a private school or facility, the LEA remains responsible for<br />
compliance with 707 KAR Chapter 1.<br />
An LEA that places a <strong>child</strong> with a disability in or refers a <strong>child</strong> to a private school shall ensure that the <strong>child</strong>:<br />
(a) Is provided specially designed instruction and related services in conformance with an IEP that meets the standards<br />
of 707 KAR Chapter 1, and at no cost to the parents;<br />
(b) Is provided an <strong>education</strong> that meets the standards of the LEA including general curriculum standards; and<br />
(c) Has all the rights of any <strong>child</strong> with a disability served by the LEA. 707 KAR 1:320, Section 8(4-5)<br />
When the <strong>child</strong> or youth is placed in another program, the coordinator of ECE Placement/designee:<br />
A. Makes sure that the ARC membership includes a representative of the program;<br />
B. Convenes the ARC meetings that the program requests regarding review and revision of<br />
the IEP;<br />
C. Arranges participation by the program, including individual or conference telephone<br />
calls, if the representatives of the program cannot attend;<br />
D. Conducts meetings for reviewing and revising the IEP according to procedures, at least<br />
on an annual basis or when requested by the parent or any other ARC member;<br />
E. Makes sure that reevaluation procedures are followed at least every three (3) years or as<br />
requested by the parent or the program according to procedures in Chapter 3, “Child<br />
Find, Evaluation, and Reevaluation”;<br />
F. Makes sure that the ARC determines placement on an annual basis;<br />
4 2: FAPE
G. Makes sure that the <strong>child</strong> or youth and parent are afforded all rights and protections<br />
afforded under 707 KAR Chapter 1 (special <strong>education</strong> regulations); and<br />
H. Monitors implementation of the terms specified in the contract or agreement.<br />
After a <strong>child</strong> with a disability is placed in a private school or facility, any meetings to review and revise the <strong>child</strong>’s IEP<br />
may be initiated and conducted by the private school or facility at the discretion of the LEA.<br />
707 KAR 1:320, Section 8(3)<br />
The coordinator of ECE Placement/designee will determine who will serve as the ARC<br />
chairperson/district representative while the <strong>child</strong> or youth is placed in the other program. If the<br />
receiving program fails to provide the special <strong>education</strong> and related services that are specified in the<br />
IEP, then the coordinator of ECE Placement/designee initiates an ARC meeting.<br />
If a private school or facility initiates the meetings, the LEA shall ensure that the parents and LEA staff are involved in<br />
any decision about the <strong>child</strong>’s IEP and agree to any proposed changes in the IEP before those changes are implemented.<br />
707 KAR 1:320, Section 8(4)<br />
The district is responsible for ensuring that the student has all of the rights of a <strong>child</strong> or youth with a<br />
disability who is directly served by the district. Any mediation, complaint, or due-process hearing is<br />
filed with regard to the district, not the other program.<br />
Disputes between the district and other programs are resolved according to the procedures specified<br />
in Kentucky’s state plan, which is approved under Part B of IDEA.<br />
Other State Agencies Responsible for Education<br />
State agencies charged with the responsibility of providing <strong>education</strong>al services to <strong>child</strong>ren with disabilities within their<br />
care shall provide those services in accordance with 707 KAR Chapter 1. 707 KAR 1:290, Section 1(3)<br />
State agencies that are responsible for providing <strong>education</strong>al services to <strong>child</strong>ren and youth with<br />
disabilities are the Cabinet for Families and Children (CFC) and the Department of Juvenile Justice<br />
(DJJ). These agencies may arrange with local school districts for the provision of <strong>education</strong>al<br />
services through contracts or Memorandums Of Agreement (MOA), or they may hire staff to<br />
provide such services.<br />
Payment for Services and Contract Provisions<br />
If payment for services under 707 KAR Chapter 1 is to be provided by an agency other than the LEA, the LEA shall<br />
ensure the services are provided without delay even if there is a delay in the payment for those services.<br />
707 KAR 1:290, Section 1(4)<br />
If the ARC determines that the <strong>child</strong> or youth requires placement in a special <strong>education</strong> program<br />
operated by another county or by an independent district or in a private school or facility, the district<br />
maintains responsibility for the payment of the costs incurred in educating the student.<br />
If another program accepts the <strong>child</strong> or youth recommended by the district ARC, the contract<br />
specifies that the receiving program will:<br />
2: FAPE 5
A. Provide special <strong>education</strong> and related services as specified in the IEP, including the<br />
following:<br />
1. Each IEP staff and related-service provider designs and initiates instructional<br />
plans for accomplishing IEP goals and benchmarks or short-term objectives; and<br />
2. Each IEP staff and related-service provider does the following on an ongoing<br />
basis:<br />
a. Uses measurement techniques specified in the IEP to monitor the<br />
progress of the student; and<br />
b. Maintains a written record of the student’s progress toward achieving<br />
the IEP goals.<br />
B. Report the student’s progress toward achieving the IEP goals at least as often as progress<br />
is reported for all <strong>child</strong>ren and youth;<br />
C. Make sure that the <strong>child</strong> or youth and parent are afforded all rights and protections<br />
according to special <strong>education</strong> regulations;<br />
D. Notify the district of the need to initiate and conduct ARC meetings;<br />
E. Monitor and evaluate the IEP at intervals specified in the IEP;<br />
F. Forward written results of monitoring and evaluation of the IEP to the parent and the<br />
district;<br />
G. Participate in ARC meetings convened by the district; and<br />
H. Make sure that special <strong>education</strong> and related services are provided by qualified personnel.<br />
Education records of the <strong>child</strong>ren and youth who are provided services in other programs are<br />
maintained by the coordinator of ECE Placement/designee. Copies of contracts, agreements, and<br />
correspondence are maintained in the office of the executive director of ECE.<br />
The district pays for the transportation of the student to and from the program in the other school<br />
district or to the private agency or program. If the school board of the other district or the private<br />
program that is providing the services also provides transportation, the cost of transportation may be<br />
included in the total cost of the contract.<br />
SECTION III<br />
RESIDENTIAL PROGRAM<br />
If it is determined necessary by an ARC to place a <strong>child</strong> with a disability for <strong>education</strong>al purposes in a private residential<br />
<strong>education</strong>al program, the program, including non-medical care and room and board, shall be provided by the LEA that<br />
convened the ARC. An LEA may fulfill its responsibility under this section by providing the services directly or by<br />
contracting for those services. 707 KAR 1:290, Section 2<br />
If an ARC determines that appropriate special <strong>education</strong> and related services cannot be provided<br />
through existing programs in the district and that a private residential <strong>education</strong>al program is<br />
required for FAPE, then the ARC chairperson/district representative will request that the coordinator<br />
of ECE Placement/designee attend an ARC meeting for the consideration of placement alternatives.<br />
The individual assigned as the meeting recorder will document the ARC’s decisions and timelines in<br />
the meeting summary.<br />
If it is recommended by the district ARC to place a <strong>child</strong> or youth with a disability for <strong>education</strong>al<br />
purposes in a private residential <strong>education</strong>al program, the program, including nonmedical care and<br />
6 2: FAPE
oom and board, will be provided by the district. The district may fulfill its responsibility under this<br />
section by providing the services directly or by contracting for those services.<br />
SECTION IV<br />
PROPER FUNCTIONING OF HEARING AIDS<br />
An LEA shall ensure that a hearing aid worn in school by a <strong>child</strong> with a hearing impairment is functioning properly. An<br />
LEA shall ensure that the external components of surgically implanted devices of <strong>child</strong>ren with disabilities are<br />
functioning properly; however, an LEA shall not be responsible for the post-surgical maintenance, programming, or<br />
replacement of the medical device that have been surgically implanted. 707 KAR 1:290, Section 3<br />
SECTION V<br />
PROGRAM OPTIONS<br />
An LEA shall ensure that all <strong>child</strong>ren with disabilities have available to them the variety of <strong>education</strong>al programs,<br />
services and curriculum as described in the Kentucky Program of Studies, 704 KAR 3:303, that is available to <strong>child</strong>ren<br />
without disabilities. These <strong>education</strong>al services may include art, music, industrial arts, consumer and family science<br />
<strong>education</strong>, and career and technical <strong>education</strong> and other <strong>education</strong>al services. 707 KAR 1:290, Section 4<br />
No <strong>child</strong> or youth with a disability will be denied access to any program, service, or curriculum<br />
solely on the basis of his or her disability. The ARC will consider if special <strong>education</strong> and related<br />
services and supplemental aids and services are needed to allow participation and will make such<br />
provisions as necessary. (See Chapter 5, “Individual Education Program”.)<br />
All <strong>child</strong>ren, including <strong>child</strong>ren and youth with disabilities, must be otherwise eligible for<br />
participation and thus meet established criteria for the specific program, service, or curriculum (e.g.,<br />
prerequisite academic requirements for a specific class).<br />
SECTION VI<br />
NONACADEMIC SERVICES<br />
An LEA shall take steps, including the provision of supplementary aids and services as determined appropriate and<br />
necessary by the <strong>child</strong>’s ARC, to provide all <strong>child</strong>ren with disabilities the nonacademic and extracurricular services and<br />
activities, which give <strong>child</strong>ren with disabilities an equal opportunity for participation in those services and activities.<br />
These services and activities may include:<br />
(a) Counseling services;<br />
(b) Athletics;<br />
(c) Transportation;<br />
(d) Health services;<br />
(e) Recreational activities;<br />
(f) Special interest groups or clubs sponsored by the LEA;<br />
(g) Referrals to agencies that provide assistance to individuals with disabilities; and<br />
(h) Employment of students, including both employment by the LEA and assistance in making outside employment<br />
available. 707 KAR 1:290, Section 5<br />
No <strong>child</strong> or youth with a disability will be denied access to any program, service, or curriculum<br />
solely on the basis of his or her disability or because he or she is currently receiving services under<br />
IDEA. (See Chapter 5, “Individual Education Program”.)<br />
2: FAPE 7
All <strong>child</strong>ren, including <strong>child</strong>ren and youth with disabilities, must be otherwise eligible for<br />
participation and thus meet established criteria for the specific program, service, or curriculum (e.g.,<br />
prerequisite academic requirements for a specific class). Individual accommodations that are<br />
necessary for <strong>child</strong>ren and youth with disabilities to try out and/or to participate in extracurricular<br />
activities will be afforded, including the provision of supplementary aids and services, as determined<br />
appropriate and necessary by the <strong>child</strong>’s ARC.<br />
SECTION VII<br />
PHYSICAL EDUCATION<br />
Unless the provisions of subsection (2) of this section apply, an LEA shall make available to every <strong>child</strong> with a<br />
disability:<br />
(1) Physical <strong>education</strong> services, specially designed if prescribed in the <strong>child</strong>’s IEP; or<br />
(2) The opportunity to participate in the regular physical <strong>education</strong> program available to <strong>child</strong>ren without disabilities. An<br />
LEA is not required to make available physical <strong>education</strong> services to a <strong>child</strong> with a disability if:<br />
(a) The <strong>child</strong> is enrolled full time in a separate facility in which case the agency responsible for the <strong>education</strong> of the<br />
<strong>child</strong> in that facility shall ensure the <strong>child</strong> receives appropriate physical <strong>education</strong>; or<br />
(b) The LEA enrolls <strong>child</strong>ren without disabilities and does not provide physical <strong>education</strong> to <strong>child</strong>ren without<br />
disabilities in the same grades.<br />
707 KAR 1:290, Section 6 (1-2)<br />
The ARC members decide, based on data collected and the present levels of academic achievement<br />
and functional performance descriptions in the IEP, if the <strong>child</strong> or youth is to receive regular<br />
physical <strong>education</strong>, with or without modifications and supplementary aids and services, or specially<br />
designed physical <strong>education</strong>.<br />
If physical <strong>education</strong> is not an identified need related to the disability of the <strong>child</strong> or youth, the ARC<br />
will apply the same criteria for participation in physical <strong>education</strong> as afforded to all <strong>child</strong>ren and<br />
youth as stated in Section V, “Program Options”, in this chapter. The district is not required to<br />
provide physical <strong>education</strong> to <strong>child</strong>ren with disabilities in a specific grade or level if nondisabled<br />
students of the same grade or level are not provided with physical <strong>education</strong>.<br />
If goals and benchmarks or short-term objectives address motor functioning, then the ARC will<br />
describe in the IEP the specially designed physical <strong>education</strong>.<br />
SECTION VIII<br />
ASSISTIVE TECHNOLOGY<br />
An LEA shall ensure that assistive technology devices or assistive technology services, or both, as defined in 707 KAR<br />
1:002 (3) or (4) are made available to a <strong>child</strong> with a disability if required as part of the <strong>child</strong>’s special <strong>education</strong>, related<br />
services, or supplemental aids and services.<br />
On a case by case basis, the use of school-purchased assistive technology devices in a <strong>child</strong>’s home or in other settings is<br />
required if the ARC determines that the <strong>child</strong> needs access to those devices in order to receive FAPE.<br />
707 KAR 1:290, Section 7<br />
The ARC determines the need for the use of assistive technology in nonschool settings and specifies<br />
any such need in the IEP.<br />
8 2: FAPE
The ARC will determine if an assistive technology device is required to enable the <strong>child</strong> or youth:<br />
A. To make progress toward the measurable annual goals in the IEP;<br />
B. To be involved in and progress in the regular <strong>education</strong> curriculum; or<br />
C. To participate in extracurricular and other nonacademic activities.<br />
SECTION IX<br />
EXTENDED SCHOOL YEAR SERVICES<br />
“Extended school year ‡ services” means specially designed instruction and related services that are provided to a <strong>child</strong><br />
with a disability beyond the normal school year in accordance with the <strong>child</strong>’s IEP at no cost to the parents.<br />
707 KAR 1:002, Section 1(26)<br />
An LEA shall ensure that extended school year services (ESY) are available to each <strong>child</strong> with a disability, as necessary,<br />
to provide FAPE. The determination of the need for extended year services shall be made on an individual basis. In<br />
making this determination, the LEA shall not:<br />
(1) Limit the provision of extended year services to a particular category(s) of disability; or<br />
(2) Unilaterally limit the type, amount, or duration of those services. 707 KAR 1:290, Section 8<br />
The district provides an extended school year (ESY) to a <strong>child</strong> or youth with disabilities, regardless<br />
of the nature or severity of the disability, if the ARC determines that the services are required in<br />
order for the <strong>child</strong> or youth to receive FAPE. ESY services are provided when the recoupment time<br />
for a <strong>child</strong> or youth with a disability exceeds that of similar-age peers who are not disabled and who<br />
experience the same lapse in instruction.<br />
ESY services extend beyond the regular school year for the purpose of maintaining the <strong>child</strong>’s or<br />
youth’s current skill level, which, without continued instruction, would be lost or would require<br />
inordinate time to regain those skills. ESY services are not designed to teach new skills, to prevent<br />
normal amounts of regression, or to allow the <strong>child</strong> or youth to make additional progress. They are<br />
simply designed to maintain the present levels of academic achievement and functional performance<br />
and thus prevent excessive recoupment time.<br />
ARC Analysis of ESY Criteria<br />
In order to document evidence of regression/excessive recoupment, it is critical that reliable<br />
measures of student performance be available. The ARC’s determination of the need for ESY<br />
services is not based on any single criterion. The ARC analyzes the following data:<br />
A. Ongoing progress data points — which are measured by IEP staff and which are relative<br />
to the skills outlined in the IEP goals and have been taught — to assess the length of<br />
recoupment time. These data point are as follows:<br />
1. Measurement at the end of a period of instruction (e.g., end of school year, prior to<br />
Winter Break);<br />
2. Measurement at the beginning of a period of instruction after a lapse of instructional<br />
time (e.g., beginning of school year, return from Winter Break); and<br />
3. Measurement at regular intervals until the performance level is equal to the<br />
‡ extended school year (ESY)<br />
2: FAPE 9
performance when the lapse in instruction time began.<br />
B. Tests and observation data collected over a period of time and the opinion of<br />
professionals when there have been no breaks in instruction or analysis of data fails to<br />
yield a valid assessment of recoupment. The professional opinion is based on an<br />
individual assessment of student regression and recoupment skills.<br />
The ARC considers all progress data at the annual review of the IEP and at any other time as<br />
requested by any ARC member. In order to make a determination regarding the possible requirement<br />
for the provision of ESY services, the ARC reviews the ongoing progress data trends, tests,<br />
observation results, and professional opinions as presented by the ARC members. If ESY services<br />
were provided during the interruption in the <strong>education</strong>al program, there must be documentation<br />
indicating that regression and excessive recoupment time would have been a pattern for the student<br />
if no ESY services had been provided.<br />
The services and the amount of time required for ESY may vary for each <strong>child</strong> or youth as<br />
determined by the ARC. In addition, the type and amount of services are specific to the skills area(s)<br />
that have documented excessive recoupment time and are not necessarily the full range or amount of<br />
services that was outlined in the most recent IEP.<br />
The executive director of ECE/designee makes arrangements for the <strong>child</strong> or youth to receive ESY<br />
services according to the specifications in the IEP.<br />
Consideration of ESY Services for Three- (3-)Year-Old Children in Transition<br />
ESY services extend beyond the regular school year for the purpose of maintaining the <strong>child</strong>’s<br />
current skill level, which, without continued instruction, would be lost or would require inordinate<br />
time to regain. ESY services are not designed to teach new skills, to prevent normal amounts of<br />
regression, or to allow the <strong>child</strong> to make additional progress. They are simply designed to maintain<br />
the present levels of academic achievement and functional performance and thus prevent excessive<br />
recoupment time.<br />
Children with disabilities who have their third birthday during the summer months are not<br />
automatically entitled to receive special <strong>education</strong> and related services during the summer months,<br />
and summer services must be provided only if the ARC determines that the <strong>child</strong> needs ESY services<br />
during the summer in order to receive FAPE.<br />
In the case of a <strong>child</strong> who is transitioning from First Steps (Kentucky’s Early Intervention System)<br />
or from other early intervention programs, the ARC should look at the <strong>child</strong>’s current skills levels in<br />
the IEP, which are carried over from the Individual Family Service Plan (IFSP). The service<br />
providers or infant-toddler program the <strong>child</strong> is coming from will have records on the <strong>child</strong>’s<br />
progress on IFSP skills. If records of progress are not available, the ARC must use professional<br />
opinions that are based on an individual assessment of the <strong>child</strong>’s regression and recoupment skills.<br />
The criteria for determining eligibility for ESY services for the three- (3-) year old is the same as the<br />
criteria for all <strong>child</strong>ren and youth with disabilities.<br />
Since ESY services are designed to maintain the current levels of skills on the <strong>child</strong>’s IEP and not on<br />
10 2: FAPE
general development, it is not necessarily required that the services be delivered in a summer<br />
preschool class. Depending on the skill(s) being addressed, ESY services could be provided in the<br />
home or some other appropriate arrangement could be made.<br />
SECTION X<br />
PROHIBITION OF MANDATORY MEDICATION<br />
LEA personnel shall not require a <strong>child</strong> to obtain a prescription for a substance covered by schedules I, II, III, IV, or V in<br />
of the Controlled Substance Act (21 U.S.C. 812 (c)), as a condition of attendance in school, receiving an evaluation<br />
under 707 KAR 1:300, or receiving services under 707 KAR Chapter 1. However, school personnel may consult or share<br />
classroom-based observation with parents or guardians regarding student’s academic, functional, or behavioral<br />
performance or regarding the need for evaluation to determine eligibility for special <strong>education</strong> services.<br />
707 KAR 1:290, Section 9<br />
2: FAPE 11
CHAPTER 3<br />
CHILD FIND, EVALUATION, AND REEVALUATION<br />
707 KAR 1:300<br />
SECTION I<br />
CHILD FIND SYSTEM<br />
A LEA * shall have in effect policies and procedures that plan and implement a <strong>child</strong> find system to locate, identify, and<br />
evaluate each <strong>child</strong>:<br />
(a) Whose age is three (3) to twenty one (21);<br />
(b) Who resides in a home, facility, or residence within the LEA’s geographical boundaries, including <strong>child</strong>ren with<br />
disabilities who attend private schools located within the LEA boundaries, <strong>child</strong>ren who are highly mobile such as<br />
migrant and homeless <strong>child</strong>ren as described in 704 KAR 7:090, <strong>child</strong>ren who are wards of the state or are in state<br />
custody and students who are advancing grade to grade resulting from passing a grade but who still may have a<br />
disability;<br />
(c) Who is either in or out of school; and<br />
(d) Who may need special <strong>education</strong> and related services;<br />
For preschool age <strong>child</strong>ren with disabilities, a LEA must ensure a smooth and effective transition from the early<br />
intervention program to preschool.<br />
Each LEA shall participate in transition planning conferences for <strong>child</strong>ren with disabilities served by early intervention<br />
programs.<br />
707 KAR 1:300, Section 1<br />
Child Find Activities<br />
The <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District, through its Child Find system, makes a<br />
systematic effort to identify all <strong>child</strong>ren and youth with disabilities who reside within the district<br />
boundaries, both out of school and in school.<br />
The Child Find system:<br />
A. Includes activities to locate, identity, and evaluate any <strong>child</strong> or youth who is from three<br />
(3) to twenty-one (21) years of age and who meets the above criteria;<br />
B. Is available throughout the calendar year during the normal business day;<br />
C. Involves opportunities for parent and community involvement; and<br />
D. Informs all involved personnel of due process and confidentiality procedures and<br />
requirements consistent with Chapter 7, “Procedural Safeguards and State Complaint<br />
Procedures”, and Chapter 9, “Confidentiality of Information.”<br />
At the beginning of each school year, the JCPS District conducts Child Find activities that target the<br />
community at large, district personnel, private school personnel, and parents of preschool and<br />
school-age <strong>child</strong>ren and youth.<br />
At the beginning of each school year, the executive director of Exceptional Child Education<br />
(ECE)/designee conducts the following activities that target the community at large:<br />
* Local <strong>education</strong>al agency (LEA), which means the JCPS District<br />
3: Child Find, Eval, & Reeval 1
A. Publishes the “Child Find Notice” in The Courier-Journal (See Appendix A);<br />
B. Sends a public service announcement to the JCPS public information officer for<br />
distribution to all local radio stations included on the JCPS Local Media List; and<br />
C. Mails the Child Find poster to public locations throughout the district’s geographical<br />
boundaries, which may include:<br />
1. City and county government offices;<br />
2. <strong>Public</strong> libraries;<br />
3. U.S. post offices;<br />
4. Homeless shelters and transitional shelters;<br />
5. Neighborhood places; and<br />
6. Agencies dealing with foreign nationals who are immigrating to the district’s<br />
geographical area.<br />
At the beginning of each school year, the district distributes to the parents of all JCPS students a<br />
copy of the Code of Acceptable Behavior and Discipline and the Student Bill of Rights. This<br />
publication provides to parents the following information regarding <strong>child</strong>ren and youth with<br />
disabilities:<br />
A. A <strong>child</strong> find notice;<br />
B. Information on the right of a free appropriate public <strong>education</strong> (FAPE) for all <strong>child</strong>ren<br />
and youth with disabilities;<br />
C. Suspension procedures for <strong>child</strong>ren and youth with disabilities, including the right to<br />
FAPE; and<br />
D. The annual notice required by the Family Educational Rights and Privacy Act (FERPA)<br />
and KRS 160.00 regarding confidentiality procedures.<br />
At the beginning of each school year, a letter is sent to administrators of private schools and parents<br />
of <strong>child</strong>ren and youth attending home schools. This letter outlines the following: the district’s<br />
obligations under Child Find to <strong>child</strong>ren or youth who attend private schools within district<br />
boundaries, services available to <strong>child</strong>ren and youth with disabilities, and procedures for contacting<br />
district personnel to refer a <strong>child</strong> or youth suspected of having a disability. Child Find materials are<br />
provided to the private schools for publication in parent/staff newsletters or for posting on bulletin<br />
boards.<br />
The executive director of ECE/designee conducts awareness activities with district personnel to<br />
notify them of the need to identify <strong>child</strong>ren and youth with disabilities who need special <strong>education</strong><br />
and related services.<br />
A. At the beginning of each school year, the executive director of ECE/designee publishes<br />
Child Find information within districtwide publications, such as Monday Memo.<br />
B. Within ninety (90) calendar days of the start of school, the executive director of<br />
ECE/designee sends an update to district personnel about referral procedures for <strong>child</strong>ren<br />
and youth who may have a disability. This update includes information regarding the use<br />
of screenings, results of statewide and districtwide assessments, and data from schoolbased<br />
intervention teams to assist in the identification of <strong>child</strong>ren and youth who may<br />
2 3: Child Find, Eval, & Reeval
have a disability.<br />
At the beginning of each school year, the executive director of ECE, and the coordinator of Early<br />
Childhood Special Services send a letter to private preschools, pediatricians, family practitioners,<br />
and other service providers. The letter outlines the following: the district’s obligations under Child<br />
Find, services available to <strong>child</strong>ren and youth with disabilities, and procedures for contacting district<br />
personnel to refer a <strong>child</strong> or youth suspected of having a disability. Child Find materials are provided<br />
to the private preschools for publication in parent/staff newsletters or for posting on bulletin boards.<br />
At least twice a year, screening programs are conducted within the community to identify preschoolage<br />
<strong>child</strong>ren who may have a disability. These screenings are advertised through a mailing to private<br />
preschools, pediatricians, family practitioners, and other service providers.<br />
Use of Screening Information<br />
The district’s Child Find system uses information obtained through any systematic screening<br />
program, including <strong>education</strong>al history, enrollment requirements for a medical examination, and<br />
routine school-based health screenings of all <strong>child</strong>ren and youth enrolled in the district, to identify<br />
physical- and mental-health barriers that have an impact on the learning of individual <strong>child</strong>ren and<br />
youth.<br />
If — through the implementation of district screening procedures, including any follow-up activities<br />
— a <strong>child</strong> or youth continues to have physical- or mental-health barriers to learning after the<br />
interventions and a disability is suspected, then the individual who monitors the interventions<br />
completes a referral and submits it to the appropriate Admissions and Release Committee (ARC)<br />
according to the procedures in Section III, “Referral System” of this chapter.<br />
Use of Information Obtained Through Intake Procedures<br />
Upon receipt of intake information about potentially identifiable <strong>child</strong>ren and youth with disabilities,<br />
the executive director of ECE/designee reviews the information with the parent and:<br />
A. Refers the <strong>child</strong> or youth to an appropriate ARC; or<br />
B. Refers the <strong>child</strong> or youth to an age-appropriate service agency (e.g., First Steps<br />
[Kentucky’s Early Intervention System], Kentucky Office of Vocational Rehabilitation).<br />
Early-Intervention Transition Planning<br />
The lead agency designated or established under section 633(a)(10) will:<br />
(I) notify the local <strong>education</strong>al agency for the area in which the <strong>child</strong> resides that the <strong>child</strong> will shortly reach the age of<br />
eligibility for preschool services under Part B of the Act, as determined in accordance with State law;<br />
(II) in the case of a <strong>child</strong> who may be eligible for preschool services under Part B of the Act, with the approval of the<br />
family of the <strong>child</strong>, convene a conference among the lead agency, the family, and the local <strong>education</strong>al agency at<br />
least 90 days, (and at the discretion of all such parties, no more than 9 months) before the <strong>child</strong> is eligible for the<br />
preschool services, to discuss any services that the <strong>child</strong> may receive; and<br />
(III) in the case of a <strong>child</strong> who may not be eligible for preschool services under Part B of the Act, with the approval of<br />
the family, make reasonable efforts to convene a conference among the lead agency, the family, and providers of<br />
other appropriate services for <strong>child</strong>ren who are not eligible for preschool services under Part B, to discuss the<br />
appropriate services that the <strong>child</strong> may receive.<br />
U.S.C. 637(a)(9)(A)(ii)<br />
3: Child Find, Eval, & Reeval 3
For preschool <strong>child</strong>ren involved in First Steps, the coordinator of Early Childhood Special Services<br />
ensures a smooth transition to preschool services through the following procedures for earlyintervention<br />
transition planning:<br />
A. If the parent provides written release of information, First Steps provides Child Find<br />
information on <strong>child</strong>ren receiving services through First Steps;<br />
B. The Primary Service Coordinator (PSC) from First Steps, with permission of the parent,<br />
schedules a Transition Conference after the <strong>child</strong>’s second (2nd) birthday for the purpose<br />
of planning steps to support the <strong>child</strong> and family during transition from First Steps. At<br />
this conference, the coordinator of Early Childhood Special Services/designee:<br />
1. Reviews possible program options for the <strong>child</strong> at age three (3); and<br />
2. Provides the parent with a JCPS Transition Packet, which includes an Early<br />
Childhood preschool application and information regarding the district and its referral<br />
process;<br />
C. If the parent chooses to refer the <strong>child</strong> to the district, the PSC submits a written referral to<br />
the coordinator of ECE Placement/designee in a timely manner so that an ARC can be<br />
convened ninety (90) days prior to the <strong>child</strong>’s third (3rd) birthday; and<br />
D. The coordinator of ECE Placement/designee schedules an ARC meeting ninety (90) days<br />
prior to the <strong>child</strong>’s third (3rd) birthday to review the referral according to procedures in<br />
Section III, “Referral System”, of this chapter.<br />
SECTION II<br />
CHILD TRACKING<br />
The district has developed and implements a <strong>child</strong> tracking system that monitors:<br />
A. Which <strong>child</strong>ren and youth are currently receiving special <strong>education</strong> and related services;<br />
and<br />
B. Which <strong>child</strong>ren and youth need special <strong>education</strong> and related services but are not<br />
currently receiving these services, including <strong>child</strong>ren and youth in private schools who<br />
have declined services.<br />
The <strong>child</strong> tracking system displays which <strong>child</strong>ren and youth:<br />
A. Have a disability, have an Individual Education Program (IEP), and receive services<br />
specified in the IEP (regardless of where the special <strong>education</strong> and related services are<br />
provided); and<br />
B. Are in the process of identification, location, evaluation, and possible placement.<br />
The <strong>child</strong> tracking system is used throughout the year to provide needed information (e.g.,<br />
compilation of <strong>child</strong> reporting data, identification of those <strong>child</strong>ren and youth requiring reevaluation,<br />
identification of those youth who will turn eighteen [18] years of age the following year).<br />
The district ensures that all <strong>child</strong> tracking data are collected and stored according to procedures in<br />
Chapter 9, “Confidentiality of Information.” The data from the tracking system is maintained in<br />
4 3: Child Find, Eval, & Reeval
locked file cabinets. Material stored in computer files is stored in secure systems.<br />
SECTION III<br />
COORDINATED EARLY INTERVENING SYSTEM<br />
The LEA may conduct early intervening services for students from kindergarten through twelfth (12 th ) grade (with<br />
particular emphasis on students in kindergarten through grade three) who need additional academic and behavioral<br />
support in order to be successful in the regular <strong>education</strong> environment prior to referral for special <strong>education</strong>.<br />
707 KAR 1:300, Section 2<br />
The referral system shall be conducted in such a manner as to prevent inappropriate over identification or<br />
disproportionate representation by race and ethnicity of <strong>child</strong>ren in special <strong>education</strong> by ensuring that each <strong>child</strong> has<br />
been provided appropriate instruction and intervention services prior to referral. 707 KAR 1:300, Section 3(2)<br />
The LEA shall ensure that:<br />
(a) Prior to, or as a part of the referral process, the <strong>child</strong> was provided appropriate, relevant research-based instruction<br />
and intervention services in regular <strong>education</strong> settings, with the instruction provided by qualified personnel; and<br />
(b) Data-based documentation of repeated assessments of achievement or measures of behavior is collected and<br />
evaluated at reasonable intervals, reflecting systematic assessment of student progress during instruction, the results of<br />
which were provided to the <strong>child</strong>’s parents. 707 KAR 1:300, Section 3(3)<br />
Screenings conducted by a teacher or a specialist to determine appropriate instructional strategies for curriculum<br />
implementation shall not be considered to be an evaluation for eligibility for specially designed instruction and related<br />
services and shall not need parental consent. 707 KAR 1:300, Section 4(3)<br />
When a concern exists regarding the academic and/or functional performance of a student, school<br />
personnel implement appropriate interventions from one of the district’s safety-net programs (e.g.,<br />
Extended School Services [ESS], tutoring, Every One Reads, tiered interventions, mentoring, Family<br />
Resource Center [FRC] services). The selection of appropriate interventions should be based on<br />
student academic or functional performance data that has been collected over time. In developing<br />
appropriate interventions for a student, school personnel may conduct screenings to determine areas<br />
of weakness or concerns. Because these screenings are not considered an evaluation for determining<br />
eligibility, but rather a tool for developing instructional strategies, parental consent is not required.<br />
The <strong>child</strong>’s teacher or implementer documents each intervention which addresses the area(s) of<br />
concern. Each selected intervention should be based on peer-reviewed research and should be<br />
aligned with the needs of the student.<br />
Documentation should include:<br />
A. A description of how each intervention addresses the area(s) of concern;<br />
B. A description of how each intervention is to be monitored over time through data-based<br />
documentation:<br />
C. The length of time and frequency that the <strong>child</strong> is to participate in each intervention; and<br />
D. Materials to be used during each intervention, if appropriate.<br />
The goal of all universal, targeted, and intensive interventions provided to <strong>child</strong>ren and youth is to<br />
ensure success in the regular <strong>education</strong> program environment. A referral for special <strong>education</strong> and<br />
3: Child Find, Eval, & Reeval 5
elated services should only be considered after appropriate interventions have been implemented as<br />
described in this section.<br />
SECTION IV<br />
REFERRAL SYSTEM<br />
The LEA shall have a referral system that explains how referrals from district or non-district sources will be accepted<br />
and acted upon in a timely manner. 707 KAR 1:300, Section 3(1)<br />
If a <strong>child</strong> or youth is identified as having a suspected disability, the referral source, including but not<br />
limited to teachers, parents, and professionals, completes a written referral.<br />
If a parent or an individual who is not employed by the district refers a <strong>child</strong> or youth, district<br />
personnel (e.g., school counselor, building principal, teacher) provide assistance to make sure that<br />
the written referral document is completed and submitted to the ARC chairperson/district<br />
representative within fifteen (15) school days after the individual initiates the referral.<br />
The completed written referral includes:<br />
A. Personally identifiable data, including name, parent, address, date of birth, and student<br />
number or social security number;<br />
B. Current screenings in the areas of communication, hearing, and vision and the results of<br />
any follow-up evaluations if applicable;<br />
C. An <strong>education</strong>al history, including, but not limited to, school(s) attended, patterns of<br />
attendance, years in school, current grade placement, grades, and participation in<br />
<strong>education</strong>al/behavioral support programs;<br />
D. A written description of the current status of the <strong>child</strong> or youth in relation to his or her<br />
similar-age peers in such areas as communication, academic performance, or<br />
developmental skills; health, hearing, vision, and motor abilities; social and emotional<br />
competence; and general intelligence;<br />
E. Results of performance on districtwide and state-mandated assessments and existing<br />
screenings collected according to the district procedures for screening to identify mentalhealth<br />
barriers to learning;<br />
F. A listing of the <strong>child</strong>’s or youth’s involvement with outside agencies; and<br />
G. A written summary of appropriate instruction, support services, and interventions that<br />
have been provided in the regular <strong>education</strong> program/environment to address each area of<br />
concern and to improve the <strong>education</strong>al performance or behavior of the <strong>child</strong> or youth.<br />
See Section III, “Coordinated Early Intervening System” in this chapter. This written<br />
summary should include the following:<br />
1. The areas of <strong>education</strong>al performance or behavior targeted for intervention(s);<br />
2. Specific intervention(s) used (e.g., support services, strategies, methods, materials,<br />
environmental changes);<br />
3. The length of time the intervention(s) were implemented;<br />
4. Personnel involved in the intervention(s); and<br />
5. The impact of the intervention(s) on the problem.<br />
6 3: Child Find, Eval, & Reeval
ARC Use of Referral Information<br />
If the <strong>child</strong> has not made adequate progress after an appropriate period of time during which the conditions in subsection<br />
(3) of this section have been implemented, a referral for an evaluation to determine if the <strong>child</strong> needs special <strong>education</strong><br />
and related services shall be considered. 707 KAR 1:300, Section 3(4)<br />
The referring person submits the referral to the ARC chairperson/district representative in the<br />
building where the <strong>child</strong> or youth is enrolled. If the <strong>child</strong> or youth is not enrolled in school, attends a<br />
private school, or receives services from another public agency, the referring person submits the<br />
referral to the coordinator of ECE Placement/designee. The appropriate ARC chairperson/district<br />
representative determines the members of the ARC, including the parent, and schedules an ARC<br />
meeting within ten (10) school days of the receipt of the completed referral. The ARC<br />
chairperson/district representative provides proper notice to parents according to procedures in<br />
Chapter 7, “Procedural Safeguards and State Complaint Procedures.”<br />
The ARC convenes according to procedures in Chapter 5, “Individual Education Program,” to:<br />
ARC Action<br />
A. Discuss and review the referral information, including the results of appropriate<br />
interventions, and any other pertinent information provided to the ARC, including<br />
information provided by the parent; and<br />
B. Discuss the possible need for an individual evaluation to determine:<br />
1. Whether the <strong>child</strong> or youth has a suspected disability; and<br />
2. The possible need for special <strong>education</strong> and related services.<br />
First, the ARC reviews referral information to verify that a lack of instruction in reading and/or math<br />
or limited English proficiency is not contributing to deficits in <strong>education</strong>al performance. The ARC<br />
also reviews additional referral information to verify that instruction and support have been provided<br />
(e.g., adjusting teaching strategies to learning style or learning preference; support for factors such as<br />
environmental and cultural factors) to address factors that may be contributing to deficits in<br />
<strong>education</strong>al performance. Refer to Section III, “Coordinated Early Intervention Systems” in this<br />
chapter for procedures to be used in documenting appropriate interventions within the regular<br />
<strong>education</strong> environment.<br />
If the ARC cannot verify that a concern persists after appropriate instruction and supports have been<br />
implemented in the regular <strong>education</strong> program, the ARC may discuss appropriate interventions and<br />
supports that might be implemented in the regular <strong>education</strong> setting to address the concern. (See<br />
subsection “Failure of Referral to Support a Suspected Disability” in this section.)<br />
If the ARC verifies that appropriate instruction and support have been implemented, then the ARC<br />
examines the referral information regarding each identified area of concern. Other referral<br />
information, including screening results, is also examined to decide whether or not the <strong>child</strong> or youth<br />
differs from his or her peers in the area(s) of concern to the extent that the information supports the<br />
presence of a suspected disability.<br />
3: Child Find, Eval, & Reeval 7
Each ARC makes sure that results of vision, hearing, health, motor, and other screenings required for<br />
all <strong>child</strong>ren and youth are available and used in the decision-making process. In the event that<br />
screening information (e.g., vision, hearing, health, motor skills) required by the district for all<br />
<strong>child</strong>ren and youth is for any reason not available, such screenings are conducted prior to the ARC<br />
determining a suspected disability. All issues identified by failed screenings are resolved prior to the<br />
collection of other evaluation data, and any needed evaluation is conducted at no cost to the parent.<br />
All evaluations are administered in conformance with nondiscriminatory evaluation procedures.<br />
Failure of Referral to Support a Suspected Disability<br />
If the ARC decides that the referral does not support the possibility of the presence of a disability<br />
and, therefore, decides not to conduct an evaluation, the ARC documents the it’s decisions in the<br />
meeting summary.<br />
The ARC chairperson/district representative provides notice of the refused action (refusal to initiate<br />
the evaluation of the <strong>child</strong> or youth) to the parent. This notice (i.e., meeting summary) states the<br />
reason the <strong>child</strong> or youth is not eligible for evaluation services and includes the following:<br />
A. An explanation of why the ARC decided there is no reason to suspect that the <strong>child</strong> or<br />
youth has a disability;<br />
B. Options the ARC considered and reasons why the options were rejected;<br />
C. A description of each test, record, or report the ARC uses as a basis to refuse a full and<br />
individual evaluation; and<br />
D. A description of any other factors that are relevant to the ARC’s refusal.<br />
Determination That a Disability Is Suspected<br />
If the ARC determines that the <strong>child</strong> or youth has a suspected disability, the ARC:<br />
A. Documents the suspected disability or disabilities;<br />
B. Documents areas for evaluation related to the suspected disability or disabilities and any<br />
additional concern(s) documented in the referral;<br />
C. Provides written notice of the ARC’s decisions on the meeting summary according to<br />
procedures in Chapter 7, “Procedural Safeguards and State Complaint Procedures;” and<br />
D. Obtains written parental consent for the evaluation.<br />
The ARC members consider the disability definitions and eligibility criteria (See Chapter 1,<br />
“Definitions”, and Chapter 4, “Determination of Eligibility”) to determine which area(s) of disability<br />
most closely approximates the area(s) of concern identified on the referral and which disabilities<br />
may be eliminated. The ARC is not limited to considering just one disability area.<br />
The ARC uses the referral information and any other available information to determine the area(s)<br />
of suspected disability. (See “ARC Action” of this section.) A <strong>child</strong> or youth is assessed in all areas<br />
related to the suspected disability.<br />
If parental consent is not given, the ARC chairperson/district representative or designee contacts the<br />
8 3: Child Find, Eval, & Reeval
executive director of ECE and follows procedures defined in Chapter 7, “Procedural Safeguards and<br />
State Complaint Procedures.”<br />
SECTION V<br />
EVALUATION/REEVALUATION<br />
Assessment tools and strategies shall be used that provide relevant information that directly assists and is used in the<br />
determination of the <strong>education</strong>al needs of the <strong>child</strong>. As part of an initial evaluation, if appropriate, or as part of any<br />
reevaluation, the ARC and other qualified professionals, if necessary, shall review existing evaluation data on the <strong>child</strong><br />
including:<br />
(a) Evaluations and information provided by the parents;<br />
(b) Current classroom-based, local or state assessments and classroom-based observations; and<br />
(c) Observations by teachers and related services providers. 707 KAR 1:300, Section 4(14)<br />
On the basis of the review, and input from the parents, the ARC shall identify what additional data, if any, are needed to<br />
determine:<br />
(a) Whether the <strong>child</strong> has a particular category of disability and the <strong>education</strong>al needs of the <strong>child</strong>, or in the case of a<br />
reevaluation of the <strong>child</strong>, whether the <strong>child</strong> continues to have a disability, and the <strong>education</strong>al needs;<br />
(b) The present levels of academic achievement and related developmental needs of the <strong>child</strong>;<br />
(c) Whether the <strong>child</strong> needs specially designed instruction and related services, or in the case of a reevaluation, whether<br />
the <strong>child</strong> continues to need special <strong>education</strong> and related services; and<br />
(d) Whether any additions or modification to the special <strong>education</strong> and related services are needed to enable the <strong>child</strong> to<br />
meet the measurable goals set out in the IEP and to participate, as appropriate, in the general curriculum.<br />
The LEA shall administer tests and other evaluation materials as needed to produce the data identified by the ARC.<br />
707 KAR 1:300, Section 4(15-16)<br />
Initial Evaluation<br />
A LEA shall ensure that a full and individual evaluation is conducted for each <strong>child</strong> considered for specially designed<br />
instruction and related services prior to the provision of the services. The results of the evaluation shall be used by the<br />
ARC in meeting the requirements on developing an IEP as provided in 707 KAR 1:320.<br />
707 KAR 1:300, Section 4(1)<br />
The district will conduct a full and individual evaluation at no cost to the parent for each <strong>child</strong> or<br />
youth considered for special <strong>education</strong> and related services prior to the provision of the services. The<br />
results of the evaluation will be used by the ARC in determining eligibility for services and in<br />
meeting the requirements of developing an IEP as provided in 707 KAR 1:320.<br />
The <strong>child</strong> or youth will be assessed in all areas related to the suspected disability including, if<br />
appropriate, health, vision, hearing, social and emotional status, general intelligence, academic<br />
performance and related developmental needs, communicative status, and motor abilities as<br />
identified by the ARC. The evaluation will be sufficiently comprehensive to identify all of the<br />
<strong>child</strong>’s or youth’s special <strong>education</strong> and related services needs, whether or not the area of assessment<br />
is commonly linked to the suspected disability category or categories.<br />
A variety of assessment tools and strategies will be used to gather relevant functional and<br />
developmental information about the <strong>child</strong> or youth, including information provided by the parent<br />
and information related to enabling the <strong>child</strong> or youth to be involved in and progress in the general<br />
curriculum described in the Kentucky Program of Studies, 704 KAR 3:303 (or for a preschool <strong>child</strong><br />
3: Child Find, Eval, & Reeval 9
to participate in appropriate activities). A single procedure will not be used as the sole criterion for<br />
determining whether a <strong>child</strong> or youth has a disability or for determining an appropriate <strong>education</strong>al<br />
program for the <strong>child</strong> or youth.<br />
The ARC does not use the results from group-administered tests or procedures for determining the<br />
presence of a disability. However, for <strong>child</strong>ren and youth who are determined eligible, the ARC must<br />
consider, for programming purposes in IEP development, the results of the <strong>child</strong>’s or youth’s<br />
performance on any general statewide or districtwide assessment program.<br />
Assessment tools and strategies are selected to provide relevant information in determining the<br />
<strong>education</strong>al needs of the <strong>child</strong> or youth. As part of an initial evaluation, the ARC and other qualified<br />
professionals, if necessary, will review existing evaluation data on the <strong>child</strong> or youth, including:<br />
A. Evaluations and information provided by the parent;<br />
B. Current classroom-based assessments and observations; and<br />
C. Classroom-based observations by teachers and providers of related services.<br />
Existing evaluation data must be reviewed and a determination made regarding the data’s current<br />
validity and applicability to the issues under consideration by the ARC. This review of existing data<br />
may be conducted without parental consent and without an ARC meeting. However, all data and<br />
recommendations must be presented to the ARC for consideration and action.<br />
On the basis of the review and input from the parent, the ARC will identify what additional data, if<br />
any, are needed to determine:<br />
Reevaluation<br />
A. Whether the <strong>child</strong> or youth has a particular disability and the <strong>education</strong>al needs of the<br />
<strong>child</strong> or youth;<br />
B. The present levels of academic achievement and related developmental needs of the <strong>child</strong><br />
or youth; and<br />
C. Whether the <strong>child</strong> or youth needs special <strong>education</strong> and related services.<br />
An LEA shall ensure a reevaluation, unless the parent and the LEA agree that a reevaluation is unnecessary. A<br />
reevaluation may consist of the review described in subsection (14) of this section, and is conducted at least every three<br />
(3) years to determine:<br />
(a) The present levels of performance and <strong>education</strong>al needs of the <strong>child</strong>;<br />
(b) Whether the <strong>child</strong> continues to need special <strong>education</strong> and related services; and<br />
(c) Whether any additions or modifications to the special <strong>education</strong> and related services are needed to enable the <strong>child</strong><br />
to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general curriculum.<br />
707 KAR 1:300, Section 4(18)<br />
A public agency must ensure that a reevaluation of each <strong>child</strong> with a disability is conducted in accordance with<br />
§§300.304 through 300.311-34 CFR Part 300 §300.303(a)<br />
(1) If the public agency determines that the <strong>education</strong>al or related services needs, including improved academic<br />
achievement and functional performance, of the <strong>child</strong> warrant a reevaluation; or<br />
(2) If the <strong>child</strong>’s parent or teacher requests a reevaluation.<br />
34 CFR Part 300 §300.303(a)<br />
10 3: Child Find, Eval, & Reeval
An LEA shall evaluate a <strong>child</strong> with a disability in accordance with this administrative regulation before determining that<br />
the <strong>child</strong> is no longer a <strong>child</strong> with a disability. 707 KAR 1:300, Section 4(20)<br />
A reevaluation shall not be conducted more than once a year unless the parent and the LEA agree otherwise.<br />
707KAR 1:300, Section 4(19)<br />
The district conducts a reevaluation of each <strong>child</strong> or youth who is receiving special <strong>education</strong> and<br />
related services:<br />
A. At least every three (3) years (thirty-six [36] months from the last eligibility date);<br />
B. Prior to age nine (9) if the <strong>child</strong> is identified as developmentally delayed;<br />
C. Prior to determining that a <strong>child</strong> or youth is ready for release from special <strong>education</strong><br />
services (i.e., no longer has a disability or has a disability but no longer requires specially<br />
designed instruction);<br />
D. Upon parent or teacher request;<br />
E. Prior to a change in disability category;<br />
F. When considering eligibility for services in additional areas of specific learning disability<br />
and in additional areas of speech or language impairment; or<br />
G. As conditions warrant.<br />
This reevaluation requirement includes all <strong>child</strong>ren and youth with IEPs and services plans as well as<br />
those eligible <strong>child</strong>ren and youth in private schools who are not currently receiving services. (See<br />
Chapter 10, “Children Enrolled in Private School.”)<br />
Using information from the <strong>child</strong> tracking system (see Section II, “Child Tracking” in this chapter),<br />
the ARC chairperson/district representative at each school develops a list of those <strong>child</strong>ren and youth<br />
who will require a three- (3-) year reevaluation for the following year. The ARC chairperson/district<br />
representative discusses the need for reevaluation at the annual review meeting prior to the required<br />
three- (3-) year reevaluation date.<br />
In addition, reevaluations may be needed when the <strong>child</strong> or youth demonstrates significant progress<br />
or lack of progress in academic, behavioral, or social areas. When the parent or other ARC members<br />
request a reevaluation, the ARC chairperson/district representative convenes an ARC meeting to<br />
review the reasons for the request within ten (10) school days of the receipt of the request. However,<br />
a reevaluation will not be conducted more than once a year unless the parent and the district agree<br />
that the early reevaluation is necessary.<br />
The LEA shall not be required to conduct an evaluation as described in this section before the termination of a <strong>child</strong>’s<br />
eligibility due to graduation from secondary school with a regular diploma or due to exceeding the age eligibility for a<br />
free, appropriate public <strong>education</strong>. 707 KAR 1:300, Section 4(20)<br />
Prior to the ARC Meeting to Discuss the Need for a Reevaluation<br />
Prior to the ARC meeting to discuss the <strong>child</strong>’s or youth’s reevaluation needs, teachers and relatedservice<br />
providers collect and review existing data including, but not limited to:<br />
3: Child Find, Eval, & Reeval 11
A. Evaluations and information provided by the parent;<br />
B. Current classroom/curriculum-based assessments and observations;<br />
C. Classroom observations by teachers and related-service providers;<br />
D. Information contained in the current IEP or services plan, including progress data;<br />
E. Results of state accountability assessments (e.g., Commonwealth Accountability Testing<br />
System, including Kentucky Core Content Test, Comprehensive Test of Basic Skills, and<br />
Alternate Assessment) and/or districtwide or schoolwide assessments (e.g., Stanford);<br />
and<br />
F. Other school data (e.g., attendance records, discipline referrals, functional behavior<br />
assessments [FBAs], behavior intervention plans [BIPs], grades, health-related<br />
information).<br />
Based on this review, the teachers, related-service providers, and, when appropriate, assessment<br />
personnel determine:<br />
A. The validity of current data; and<br />
B. What additional data, if any, may be needed for the ARC to determine if the <strong>child</strong> or<br />
youth continues to be a <strong>child</strong> or youth with a disability and his or her programming<br />
needs.<br />
In determining what additional data may be needed, the reviewers should consider that the<br />
reevaluation is to be sufficiently comprehensive in order to assess all of the <strong>child</strong>’s or youth’s special<br />
<strong>education</strong> and related services needs, whether or not the area of assessment is commonly linked to<br />
the <strong>exceptional</strong>ity of the <strong>child</strong> or youth. This review of existing data may be conducted without<br />
parental consent and without an ARC meeting; however, all data and recommendations must be<br />
presented to the ARC for consideration and action.<br />
ARC Meeting to Discuss Need for Reevaluation<br />
The LEA shall not be required to conduct a reevaluation, if:<br />
(a) After review of the existing data, the ARC determines:<br />
(1) A reevaluation is not necessary to determine whether the <strong>child</strong> continues to be eligible for services; and<br />
(2) A reevaluation is not warranted to determine the <strong>education</strong> or related service needs, including improved academic<br />
achievement and functional performance; and<br />
(b) The parents or teacher do not request a reevaluation.<br />
707 KAR 1:300 Section 4(17)<br />
If, for purposes of a reevaluation, the ARC determines that no additional data are needed to determine whether the <strong>child</strong><br />
continues to be a <strong>child</strong> with a disability and to determine the <strong>child</strong>’s <strong>education</strong>al needs, the LEA shall notify the <strong>child</strong>’s<br />
parents:<br />
(a) Of that determination and reasons for it; and<br />
(b) Of the right of the parents to request a reevaluation to determine whether, for purposes of services, the <strong>child</strong><br />
continues to be a <strong>child</strong> with a disability. 707 KAR 1:300 Section 4(16)<br />
At the ARC meeting to discuss the <strong>child</strong>’s or youth’s reevaluation needs, the ARC and other<br />
qualified professionals, if necessary, will review the existing evaluation data on the <strong>child</strong> or youth,<br />
including:<br />
12 3: Child Find, Eval, & Reeval
A. Evaluations and information provided by the parent;<br />
B. Current classroom-based assessments and observations; and<br />
C. Classroom observations by teachers and related-service providers.<br />
On the basis of the review and input from the parents, the ARC identifies what additional data, if<br />
any, are needed to determine:<br />
A. Whether the <strong>child</strong> or youth continues to have a disability and the <strong>education</strong>al needs of the<br />
<strong>child</strong> or youth;<br />
B. The present levels of academic achievement and related developmental needs of the <strong>child</strong><br />
or youth;<br />
C. Whether the <strong>child</strong> or youth continues to need special <strong>education</strong> and related services; and<br />
D. Whether any additions or modification to the special <strong>education</strong> and related services are<br />
needed to enable the <strong>child</strong> or youth to meet the measurable goals set out in the IEP and to<br />
participate, as appropriate, in the regular <strong>education</strong> curriculum.<br />
The district will administer tests and other evaluation materials as needed to produce the data<br />
identified as necessary by the ARC.<br />
Parental consent for reevaluation shall not be required if the LEA can demonstrate that:<br />
(a) It made reasonable efforts to obtain such consent and followed the procedures in subsection (4) of this section of this<br />
administrative regulation to show those efforts; and<br />
(b) The parent failed to respond. 707 KAR 1:340 Section 5(7)<br />
In order to document the reasonable efforts taken by the LEA to discover the whereabouts of the parent(s), the LEA shall<br />
keep a record of its attempts which may include:<br />
(a) Detailed records of telephone calls made or attempted and the results of those calls;<br />
(b) Copies of correspondence sent to the parents and any response received; and<br />
(c) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.<br />
707 KAR 1:340 Section 5(4)<br />
The ARC chairperson/district representative will obtain written parental consent prior to conducting<br />
any new assessment as part of a reevaluation. Parental consent is not required prior to conducting a<br />
review of existing information.<br />
If the district does not propose to administer any additional assessments to determine whether the<br />
<strong>child</strong> or youth continues to be a <strong>child</strong> or youth with a disability and to determine the <strong>child</strong>’s<br />
<strong>education</strong>al needs, the prior written notice (meeting summary) to the <strong>child</strong>’s or youth’s parent will<br />
include:<br />
A. A statement of this fact and the reasons for it; and<br />
B. A statement of the right of the parent to request a reevaluation to determine whether the<br />
<strong>child</strong> or youth continues to be a <strong>child</strong> or youth with a disability.<br />
3: Child Find, Eval, & Reeval 13
SECTION VI<br />
TEST CRITERIA<br />
Tests and other evaluation materials used to assess a <strong>child</strong> shall be:<br />
(a) Selected and administered so as not to be discriminatory on a racial or cultural basis; and<br />
(b) Provided and administered in the <strong>child</strong>’s native language or other mode of communication most likely to yield<br />
accurate information on what the <strong>child</strong> knows and can do academically, developmentally, and functionally, unless it<br />
is clearly not feasible to do so. 707 KAR 1:300, Section 4(2)<br />
Materials and procedures used to assess a <strong>child</strong> with limited English proficiency shall be selected and administered to<br />
ensure that they measure the extent to which the <strong>child</strong> has a disability and needs specially designed instruction and<br />
related services, rather than measuring the <strong>child</strong>’s English language skills. 707 KAR 1:300, Section 4(4)<br />
Tests shall be selected and administered so as best to ensure that if a test is administered to a <strong>child</strong> with impaired<br />
sensory, manual, or speaking skills, the test results accurately reflect the <strong>child</strong>’s aptitude or achievement level or<br />
whatever other factors the test purports to measure, rather than reflecting the <strong>child</strong>’s impaired sensory, manual, or<br />
speaking skills (unless those skills are the factors that the test purports to measure). 707 KAR 1:300, Section 4(8)<br />
When feasible, tests and evaluations are administered in the <strong>child</strong>’s or youth’s native language or his<br />
or her mode of communication that is most likely to yield accurate information on what he or she<br />
knows and can do academically, developmentally, and functionally. The ARC makes sure that<br />
evaluators make accommodations for the mode of communication and language (e.g., signing,<br />
gesturing, English, Spanish, Japanese) used by the <strong>child</strong> or youth and that results are<br />
nondiscriminatory in terms of race, culture, sex, or disability.<br />
If the <strong>child</strong> or youth uses a language other than English or uses an alternate mode of communication<br />
(e.g., Bosnian, American Sign Language [ASL]), the lead psychologist/designee arranges for an<br />
interpreter or translator to be present during the administration of tests and/or during assessment<br />
procedures.<br />
A determination that it is not feasible to administer an evaluation instrument in the native language<br />
or to conduct an assessment in the alternate mode of communication is only made if, after<br />
consultation with the Kentucky Department of Education (KDE) and each surrounding statesupported<br />
institution of higher <strong>education</strong> within Kentucky, no translator or interpreter can be found.<br />
Tests are selected and administered so as to best ensure that when a test is administered to a <strong>child</strong> or<br />
youth with impaired sensory, manual, or speaking skills, the test results accurately reflect the <strong>child</strong>’s<br />
or youth’s aptitude or achievement level or whatever other factors the test purports to measure,<br />
rather than reflecting the <strong>child</strong>’s or youth’s impaired sensory, manual, or speaking skills (unless<br />
those skills are the factors that the test purports to measure).<br />
A variety of assessment tools and strategies shall be used to gather relevant functional, developmental, and academic<br />
information about the <strong>child</strong>, including information provided by the parent, and information related to enabling the <strong>child</strong><br />
to be involved in and progress in the general curriculum described in the Kentucky Program of Studies, 704 KAR 3:303.<br />
707 KAR 1:300, Section 4(5)<br />
The following assessment tools and strategies may be used in the determination and implementation<br />
of a full evaluation by the ARC and the evaluators.<br />
14 3: Child Find, Eval, & Reeval
Regular <strong>education</strong> interventions and early <strong>child</strong>hood screenings may include screening(s),<br />
records of interventions attempted and data collected during planning, implementing, monitoring,<br />
and evaluating the <strong>child</strong>’s or youth’s response to interventions. For preschool <strong>child</strong>ren, this includes<br />
records of screening activities in areas such as developmental skills, vision and hearing.<br />
Record review includes evaluations and information provided by the parents, current classroombased<br />
assessments, information from infant-toddler service providers, health/medical records, JCPS<br />
Pupil’s Cumulative Health Record, records from previous evaluations, vision and hearing screening<br />
and evaluation results, reports from other agencies, portfolios, VISI folder, cumulative file<br />
information, and other records.<br />
Interviews include interviews with parents, teachers, related-service personnel, and other caregivers<br />
as well as with the <strong>child</strong> or youth, if appropriate. The information gathered during the interview<br />
process may include <strong>education</strong>al history, social history, additional medical information, learning<br />
styles, and other data from interviews.<br />
Observations include structured observations, rating scales, ecological instruments, behavioral<br />
interventions, functional analysis of behavior and instruction, anecdotal records, adaptive behavior<br />
scales, and other observations.<br />
Tests include individual measures of ability or aptitude, performance-based assessments, normreferenced<br />
tests, criterion-referenced achievement measures, curriculum-based assessments, and<br />
informal measures.<br />
A standardized test given to a <strong>child</strong> shall:<br />
(a) Have been validated for the specific purpose for which it is used;<br />
(b) Be administered by trained and knowledgeable personnel in accordance with any instructions provided by the<br />
producer of the tests; and<br />
(c) Be conducted under standard conditions unless a description of the extent to which it varied from standard<br />
conditions is documented in the evaluation report. 707 KAR 1:300, Section 4(6)<br />
Tests and other evaluation materials shall include those tailored to assess specific areas of <strong>education</strong>al need and not<br />
merely those that are designed to provide a single general intelligence quotient. 707 KAR 1:300, Section 4(7)<br />
A single procedure shall not be used as the sole criterion for determining whether a <strong>child</strong> is a <strong>child</strong> with a disability and<br />
for determining an appropriate <strong>education</strong> program for the <strong>child</strong>. 707 KAR 1:300, Section 4(9)<br />
The <strong>child</strong> shall be assessed in all areas related to the suspected disability, including, if appropriate, health, vision,<br />
hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor<br />
abilities. 707 KAR 1:300, Section 4(10)<br />
The evaluation shall be sufficiently comprehensive to identify all the <strong>child</strong>’s special <strong>education</strong> and related services needs,<br />
whether commonly linked to the disability category in which the <strong>child</strong> has been classified.<br />
707 KAR 1:300, Section 4(11)<br />
Assessments tools used shall be technically sound instruments that may assess the relative contribution of cognitive and<br />
behavioral factors, in addition to physical or developmental factors. 707 KAR 1:300, Section 4(12)<br />
3: Child Find, Eval, & Reeval 15
Assessments and evaluation of <strong>child</strong>ren with disabilities that transfer from one school district to another in the same<br />
academic year shall be coordinated with the previous and current schools as necessary and as expeditiously as possible,<br />
to ensure prompt completion of full evaluations. 707 KAR 1:300, Section 4(13)<br />
Evaluators must use a variety of assessment tools and strategies to gather relevant functional and<br />
developmental information about the <strong>child</strong> or youth, including information from the parent,<br />
information related to enabling the <strong>child</strong> or youth to be involved, and to progress in the regular<br />
<strong>education</strong> curriculum (or for a preschool <strong>child</strong>, to participate in appropriate activities). The tools and<br />
strategies must yield relevant information that directly assists in determining eligibility for services<br />
and the <strong>education</strong>al needs of the <strong>child</strong> or youth. In the case of a student who has transferred from<br />
another school district, the district shall coordinate with the student’s prior school(s) that have been<br />
involved in the evaluation process to expedite the prompt completion of the full evaluation.<br />
Criteria and Responsibilities of Evaluation Personnel<br />
The lead psychologist ensures that evaluation personnel use the district criteria to select and<br />
administer current editions of the assessment instruments.<br />
Test and procedures used by the evaluators:<br />
A. Have been validated for the specific purpose for which they are used;<br />
B. Are not biased relative to race, culture, or socioeconomic status or impaired sensory,<br />
manual, or speaking skills;<br />
C. Are administered by trained and knowledgeable personnel in accordance with any<br />
instructions provided by the producer of the tests; and<br />
D. Are conducted under standard conditions unless a description of the extent to which the<br />
conditions varied from standard conditions is documented in the evaluation report.<br />
Tests and other evaluation materials include those tailored to assess specific areas of <strong>education</strong>al<br />
need and not merely those that are designed to provide a single general intelligence quotient.<br />
Tests are selected and administered so as to best ensure that when a test is administered to a <strong>child</strong> or<br />
youth with impaired sensory, manual, or speaking skills, the test results accurately reflect the <strong>child</strong>’s<br />
or youth’s aptitude or achievement level or whatever other factors the test purports to measure,<br />
rather than reflecting the <strong>child</strong>’s or youth’s impaired sensory, manual, or speaking skills (unless<br />
those skills are the factors that the test purports to measure).<br />
Assessment tools used are technically sound instruments that may assess the relative contribution of<br />
cognitive and behavioral factors, in addition to physical or developmental factors.<br />
The evaluator makes sure that:<br />
A. He or she uses evaluation procedures appropriate for the age and ability level of the <strong>child</strong><br />
or youth; and<br />
B. Procedures selected are normed on a population that includes <strong>child</strong>ren and youth the<br />
same age.<br />
16 3: Child Find, Eval, & Reeval
When evaluating <strong>child</strong>ren and youth, evaluation personnel select tests and other evaluation<br />
procedures that measure and evaluate equally well all significant factors related to the learning<br />
process (e.g., cultural, language factors).<br />
Each evaluator:<br />
A. Selects tests and other procedures according to areas assigned for evaluation by the ARC<br />
and those tests and procedures that he or she has been trained to administer;<br />
B. Administers, scores, and interprets the tests and procedures selected according to the<br />
instructions specified in the test manuals or through training for each test or procedure;<br />
C. Makes sure that tests are not administered to <strong>child</strong>ren and youth whose age, disability,<br />
linguistic skills, or cultural background is outside the range of the evaluator’s training or<br />
experience; and<br />
D. Describes any modification of standard test-administration procedures or scoring and<br />
describes regarding the possible effects of such modifications on validity.<br />
The lead psychologist makes sure that evaluation personnel conduct evaluations only in the areas for<br />
which they are qualified in terms of Kentucky certification and/or state licensure requirements.<br />
The lead psychologist makes sure that each person administering and interpreting evaluation<br />
procedures and instruments meets the training specifications stated in the test administration manual.<br />
Evaluation personnel are trained in:<br />
A. Specific areas of evaluation of <strong>child</strong>ren and youth with disabilities;<br />
B. The specific evaluation procedures used with <strong>child</strong>ren and youth with disabilities;<br />
C. The use of the procedures for the purpose intended by the developer;<br />
D. Using the procedures with the individuals for whom the procedures’ reliability and<br />
validity are empirically supported; and<br />
E. The selection and administration of evaluation procedures so that impaired motor,<br />
emotional, communication, or sensory skills or cultural differences do not interfere with<br />
the evaluation of other skills and abilities.<br />
When cognitive or intellectual evaluation is obtained through contract with an independent<br />
evaluator, the lead psychologist makes sure that the evaluation is conducted by persons who are<br />
certified or licensed to conduct such assessments by the State Board of Psychology. Copies of the<br />
certificates or licenses of the independent evaluator providers are obtained by the lead psychologist<br />
and kept on file in his or her office prior to the establishment of the contract.<br />
Tests are scored and interpreted correctly. If district personnel find that a test has been scored or<br />
interpreted incorrectly, district personnel immediately correct the error and the implications of the<br />
error. (See procedures for completing the written report in this section.)<br />
Disproportionality<br />
District personnel use tests, materials, and processes that are racially and culturally sensitive. If<br />
apparently valid and reliable testing and evaluation materials appear to have led to the over-<br />
3: Child Find, Eval, & Reeval 17
epresentation or under-representation of <strong>child</strong>ren and youth who are members of a particular race,<br />
socioeconomic level, national origin, or cultural group in any category of disability, then the district<br />
conducts a self-evaluation. The self-evaluation is under the direction of the executive director of<br />
ECE, and may include:<br />
A. Determining whether additional or substitute materials and procedures that have at least<br />
equal predictive validity but do not over-identify members of a particular racial, national<br />
origin, or cultural group, can be identified; and<br />
B. Taking any actions to evaluate this effect and to eliminate or overcome racial or cultural<br />
insensitivity, which results from:<br />
1. The use of tests that have inherent content or language bias;<br />
2. The use of tests that lack validity for a group of persons with whom they are used;<br />
3. The use of tests that lack reliability for a group of persons with whom they are used;<br />
4. The administration of evaluation procedures by evaluators who are not trained or<br />
experienced in evaluating <strong>child</strong>ren and youth of a particular culture and linguistic<br />
background;<br />
5. The <strong>child</strong>’s or youth’s unfamiliarity with test behaviors and assumptions;<br />
6. The <strong>child</strong>’s or youth’s discomfort with the test administrator or testing environment;<br />
or<br />
7. The failure to integrate evaluation information from multiple sources or to reconcile<br />
inconsistent or conflicting evaluation results.<br />
Written Evaluation Report<br />
The evaluation data obtained and used by the ARC to determine eligibility and plan an appropriate<br />
program are documented in the form of a written report(s). The report(s), which is written in<br />
language that is understandable to the ARC members, synthesizes the results of each procedure and<br />
instrument used in the individual assessment. The ARC makes sure that the written report(s)<br />
includes each procedure and instrument from the full and individual evaluation of the <strong>child</strong> or youth.<br />
The written report is used by the ARC to:<br />
A. Validate the specific disability and <strong>education</strong>al needs of the <strong>child</strong> or youth;<br />
B. Determine the need for special <strong>education</strong> and related services; and<br />
C. Guide instructional planning.<br />
The written report(s) of the evaluation data used and interpreted by the ARC for determining<br />
eligibility and planning an appropriate program may include:<br />
A. Child identification information (e.g., name, parent, phone, date of birth, grade, school);<br />
B. A comparison and interpretation of the performance of the <strong>child</strong> or youth to similar-age<br />
peers in areas as previously directed by the ARC;<br />
C. The full name of all instruments and procedures used, the date each was administered and<br />
by whom and departures from standard test administration procedures and the reasons for<br />
those departures;<br />
D. Data and sources from standardized, norm-referenced measures, which:<br />
1. Include percentiles and standard scores and not solely grade or age equivalents;<br />
18 3: Child Find, Eval, & Reeval
2. Are reported with confidence intervals; and<br />
3. Are in a form that allows for inter-test comparisons (e.g., standard scores);<br />
E. Data from all informal measures, including:<br />
1. Results of interventions tried before referral; and<br />
2. A summary of behaviors noted during the observations of the <strong>child</strong> or youth;<br />
F. An explanation of any discrepancies among evaluation results (e.g., between formal test<br />
results and the customary behaviors and daily activities of the <strong>child</strong> or youth);<br />
G. Statements about the unique or individual differences of the <strong>child</strong> or youth related to the<br />
<strong>education</strong>al environment and success in the regular <strong>education</strong> curriculum;<br />
H. Statements about specific classroom tasks or contexts that are unique to the <strong>child</strong> or youth<br />
(e.g., error pattern analysis, learning style or learning preferences, incentive or<br />
motivational style, communication and interpersonal skills);<br />
I. Statements about other factors that have an impact on the <strong>education</strong>al performance of the<br />
<strong>child</strong> or youth (e.g., medical, environmental, cultural, linguistic, or economic factors);<br />
J. Descriptions of the types of activities that might effectively meet the unique <strong>education</strong>al<br />
needs of the <strong>child</strong> or youth; and<br />
K. A list of the names and professional roles of all evaluators.<br />
Upon completion of all of the evaluations, a member of the multidisciplinary team who is<br />
knowledgeable about the evaluation procedures used with the <strong>child</strong> or youth and is familiar with the<br />
results of the evaluation collects the various evaluation reports from each member of the<br />
multidisciplinary team and delivers them to the ARC chairperson/district representative.<br />
The ARC chairperson/district representative determines the members of the ARC and schedules a<br />
meeting to review the evaluation results and to determine eligibility. The ARC chairperson/district<br />
representative provides notice to the parent according to procedures in Chapter 7, “Procedural<br />
Safeguards and State Complaint Procedures”.<br />
The sixty (60) day school timeline shall not apply in the following situations:<br />
(a) If the <strong>child</strong> moves to a new LEA after consent for the initial evaluation is given but before the evaluation can be<br />
completed, as long as the new LEA is making sufficient progress to complete the evaluation and the parent and the<br />
LEA agree to a specific time when the evaluation shall be completed; or evaluation and the parent and the LEA<br />
agree to a specific time when the evaluation shall be completed; or<br />
(b) If the parent repeatedly fails or refuses to produce the <strong>child</strong> for evaluation.<br />
707 KAR 1:320, Section 2(5)<br />
For <strong>child</strong>ren and youth who enroll in the district during the process of an initial evaluation, follow<br />
the procedures in Section II, “Admissions and Release Committee Meetings” of Chapter 5.<br />
Section VII<br />
Summary of Academic Achievement and Functional Performance<br />
For students who graduate or age out of the program, the LEA shall provide the <strong>child</strong> with a summary of the <strong>child</strong>’s<br />
academic achievement and functional performance including recommendations on how to assist the <strong>child</strong> in meeting the<br />
<strong>child</strong>’s postsecondary goals. 707 KAR 1:300, Section 4(21)<br />
For procedures related to the summary of academic achievement and functional performance, refer<br />
to Section II, “Change in Placement/Services” of Chapter 6.<br />
3: Child Find, Eval, & Reeval 19
20 3: Child Find, Eval, & Reeval
APPENDIX A<br />
Child Find Notice<br />
All <strong>child</strong>ren can learn, but some learn differently.<br />
Some <strong>child</strong>ren need more help than others<br />
because they have a disability. We can help by<br />
accepting individual differences at home, at<br />
work, and at school.<br />
The <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS)<br />
District urges you, through Child Find, to give<br />
every <strong>child</strong> a chance to learn. If you have or<br />
know of an infant, toddler, <strong>child</strong>, or youth who<br />
has a disability and is not getting the special help<br />
he or she needs, please contact the JCPS<br />
Exceptional Child Education Office.<br />
Let us help; show you care.<br />
Call 485-3170.<br />
3: Child Find, Eval, & Reeval 21
CHAPTER 4<br />
DETERMINATION OF ELIGIBILITY<br />
707 KAR 1:310<br />
SECTION I<br />
ARC PROCESS<br />
Upon analysis of intervention and assessment data, the ARC * shall determine whether the <strong>child</strong> is a <strong>child</strong> with a<br />
disability as defined in Section 1(9) of 707 KAR 1:002 to the extent that specially designed instruction is required in<br />
order for the <strong>child</strong> to benefit from <strong>education</strong>. An LEA † shall provide a copy of the evaluation report and the<br />
documentation of determination of eligibility to the parent. 707 KAR 1:310, Section 1(1)<br />
The Admissions and Release Committee (ARC) is responsible for reviewing all intervention and<br />
assessment data, considering the validity of all data, and making eligibility decisions. These<br />
eligibility decisions are based on the following questions:<br />
Step 1: Does the <strong>child</strong> or youth have a disability that meets the criteria as defined in a disability<br />
definition; and<br />
Step 2: Do the effects of the disability cause such an impact (adverse effect) that the <strong>child</strong> or youth<br />
must receive specially designed instruction in order to benefit from his or her <strong>education</strong>;<br />
and<br />
Step 3: Is the influence of each determinant factor, if present, found to be of minimal influence so<br />
that the <strong>child</strong> or youth meets eligibility requirements when all other criteria are applied?<br />
Upon receipt of the evaluation report(s), the ARC chairperson/district representative selects<br />
members of the ARC in accordance with Chapter 5, “Individual Education Program” (IEP). An ARC<br />
meeting is scheduled to:<br />
A. Discuss the evaluation information;<br />
B. Determine the presence of a disability;<br />
C. Assess the impact of the disability on <strong>education</strong>al performance;<br />
D. Validate the effect of any specified determinant factors; and<br />
E. Develop the IEP, if appropriate.<br />
A <strong>child</strong> or youth will not be determined to be eligible if the determinant factor for that eligibility<br />
determination is a lack of instruction in reading (including the essential components of reading<br />
instruction), math, or limited English proficiency and if the <strong>child</strong> or youth does not otherwise meet<br />
eligibility criteria.<br />
If a determination is made that a <strong>child</strong> has a disability and needs special <strong>education</strong> and related services, an IEP shall be<br />
developed for the <strong>child</strong>. 707 KAR 1:310, Section 1(6)<br />
The IEP may be developed at this meeting in accordance with procedures and timelines in Chapter 5,<br />
“Individual Education Program” and Chapter 7, “Procedural Safeguards and State Complaint<br />
* Admissions and Release Committee (ARC)<br />
† local <strong>education</strong>al agency (LEA) which means the <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District<br />
4: Eligibility 1
Procedures”.<br />
The ARC chairperson/district representative describes the decision-making process for eligibility<br />
determination and possible IEP development. The process includes the following steps:<br />
A. Review and analyze all intervention data and assessment procedures, tests, records, and<br />
reports from the full and individual evaluation;<br />
B. Compare results of evaluation data with the eligibility criteria of the suspected disability<br />
to determine the presence of a disability (Step 1);<br />
C. If a disability is confirmed, determine the adverse effect of the disability upon<br />
<strong>education</strong>al performance (Step 2);<br />
D. Specify the influence of relevant determinant factors (Step 3);<br />
E. Complete eligibility determination form(s) to document ARC decisions; and<br />
F. If eligibility is confirmed, develop the IEP.<br />
In making eligibility determinations, an LEA shall draw upon information from a variety of sources, which may include:<br />
(a) Response to scientific, research-based interventions;<br />
(b) Vision, hearing, and communication screenings;<br />
(c) Parental input;<br />
(d) Aptitude and achievement tests;<br />
(e) Teacher recommendations;<br />
(f) Physical condition;<br />
(g) Social or cultural background;<br />
(h) Adaptive behavior; or<br />
(i) Behavior observations<br />
An LEA shall ensure that information obtained from these sources, as appropriate for each student, is documented and<br />
carefully considered.<br />
707 KAR 1:310, Section 1 (3-4)<br />
The specific data that must be available to make a disability determination may vary based on the<br />
requirements as stated in each disability definition and the evaluation information requested by the<br />
ARC.<br />
The ARC does not determine that a <strong>child</strong> or youth is eligible until a full and individual<br />
evaluation is completed according to procedures in Chapter 3, “Child Find, Evaluation and<br />
Reevaluation.”<br />
After a full and individual evaluation is completed according to procedures in Chapter 3, “Child<br />
Find, Evaluation, and Reevaluation,” the ARC compares and analyzes all intervention data and<br />
assessment information and documents interpretation of the results on the appropriate district<br />
eligibility determination form.<br />
The documentation of a determination of eligibility includes discussion of intervention and<br />
assessment data, the ARC’s decisions about the student’s eligibility as a <strong>child</strong> or youth with a<br />
disability, and a statement of proposed or refused action. The eligibility determination form<br />
completed by the ARC and the meeting summary constitute the required documentation.<br />
If the ARC determines that a <strong>child</strong> or youth does not have a disability, if the ARC cannot determine<br />
2 4: Eligibility
adverse effect, or if the ARC cannot conclude that the influence of specified determinant factors (if<br />
present) is minimal, then the ARC prepares a written explanation of why the <strong>child</strong> or youth is not<br />
eligible to receive special <strong>education</strong> and related services. This explanation includes a description of<br />
the information and evaluation data used as the basis for the decision. The eligibility determination<br />
form completed by the ARC and the meeting summary constitute the required documentation.<br />
The ARC chairperson/district representative gives the parent written notice of the proposed or<br />
refused action(s) (the meeting summary and all attachments) and a copy of the evaluation report(s).<br />
A copy of the evaluation report is provided to the parent, if requested, prior to the ARC meeting to<br />
determine eligibility.<br />
Sufficient/Insufficient Evaluation Information<br />
The evaluation shall be sufficiently comprehensive to identify all the <strong>child</strong>’s special <strong>education</strong> and related services needs,<br />
whether commonly linked to the disability category in which the <strong>child</strong> has been classified.<br />
707 KAR 1:300, Section 4(11)<br />
Evaluation information is determined sufficient if:<br />
A. Multiple nondiscriminatory methods or measures were used to evaluate the areas of<br />
concern previously specified by the ARC;<br />
B. Data on family, environmental, and cultural factors are available for analysis to assist in<br />
the determination of the impact on <strong>education</strong>al performance;<br />
C. Referral data and additional information document the present levels of academic<br />
achievement and related developmental needs, including how the disability affects the<br />
<strong>child</strong>’s or youth’s involvement and progress in the regular <strong>education</strong> curriculum;<br />
D. Information given provides objective and reliable indicators of the <strong>child</strong>’s or youth’s<br />
performance;<br />
E. The documentation of the evaluation information is complete and reflects the information<br />
collected by the multidisciplinary team in all areas related to the suspected disability.<br />
If the ARC determines that the available evaluation information is not sufficient to verify whether<br />
the <strong>child</strong> or youth is disabled and needs special <strong>education</strong> and related services, the ARC obtains<br />
additional evaluation information. The ARC members agree on what additional evaluation<br />
information is needed. The ARC members agree upon a convenient date, location, and time to<br />
continue the meeting to complete the eligibility determination. The reconvened meeting is scheduled<br />
and held according to procedures and timelines in Chapter 7, “Procedural Safeguards and State<br />
Complaint Procedures.”<br />
SECTION II<br />
DETERMINATION OF ELIGIBILITY<br />
Step 1: Presence of a Disability<br />
The ARC makes a determination of the presence of a disability through a careful analysis of<br />
evaluation data and a comparison with the eligibility criteria of the suspected disability. The<br />
definition of each disability follows in Section III, “Categories of Disabilities” of this chapter.<br />
4: Eligibility 3
Step 2: Adverse Effect of Disability on Educational Performance<br />
“Adverse effect” means that the progress of the <strong>child</strong> is impeded by the disability to the extent that the <strong>education</strong>al<br />
performance is significantly and consistently below the level of similar age peers. 707 KAR 1:002, Section 1(2)<br />
If the <strong>child</strong> or youth meets the eligibility criteria in an area(s) of a disability as specified in these<br />
procedures, then the ARC documents its interpretation of evaluation information and determines<br />
whether or not the disability adversely affects the <strong>education</strong>al performance of the <strong>child</strong> or youth.<br />
The ARC determines there is an adverse effect if:<br />
A. The disability impedes progress to the extent that <strong>education</strong>al performance is<br />
significantly and consistently below that of similar-age peers;<br />
B. The disability interferes with acquiring, developing, understanding, or applying<br />
knowledge or skills needed to be included in and progress in the Kentucky Program<br />
of Studies, 704 KAR 3:303; and<br />
C. The disability affects the student to the degree that unique or different instructional<br />
services (specially designed instruction) not ordinarily used with <strong>child</strong>ren and youth<br />
of a similar age must be used for the <strong>child</strong> or youth with a disability in order for him<br />
or her to benefit from his or her <strong>education</strong>al program.<br />
Step 3: Determinant Factors<br />
A <strong>child</strong> shall not be determined to be eligible if the determinant factor for that eligibility determination is:<br />
(a) A lack of appropriate instruction in reading, including the essential components of reading instruction as established<br />
in the Elementary and Secondary Education Act, 20 U.S.C. Section 6301;<br />
(b) A lack of appropriate instruction in math; or<br />
(c) Limited English proficiency and the <strong>child</strong> does not otherwise meet eligibility criteria.<br />
707 KAR 1:310, Section 1(2)<br />
Determinant Factors Pertinent to Each Disability Area<br />
Appropriate instruction in reading and math and limited English proficiency must be considered for<br />
every disability. The appropriate determinant factors must be considered for each disability area as<br />
outlined in Section III, “Categories of Disabilities” of this chapter. In order for the <strong>child</strong> or youth to<br />
be determined to be a <strong>child</strong> or youth with a disability, the ARC must conclude that the influence of<br />
the determinant factor(s), if present, is minimal and that the <strong>child</strong> or youth does meet eligibility<br />
requirements when all other criteria are applied.<br />
Evaluation data presented to the ARC must address the following factors and must enable the ARC<br />
to reach a conclusion concerning each factor for every disability category:<br />
A. Is the lack of acceptable progress in the regular <strong>education</strong> curriculum caused or explained<br />
by a lack of instruction in reading — including the essential components of reading as<br />
established by No Child Left Behind (NCLB) — that is appropriate for the <strong>child</strong>’s or<br />
youth’s age and ability levels; and<br />
B. Is the lack of acceptable progress in the regular <strong>education</strong> curriculum caused or explained<br />
4 4: Eligibility
y a lack of instruction in math that is appropriate for the <strong>child</strong>’s or youth’s age and<br />
ability levels; and<br />
C. Is the lack of acceptable progress in the regular <strong>education</strong> curriculum caused or explained<br />
by the <strong>child</strong>’s or youth’s limited English proficiency?<br />
If the ARC answers “yes” to any of these questions, then the <strong>child</strong> or youth does not have a disability<br />
that requires the provision of special <strong>education</strong> and related services. The consideration of eligibility<br />
for special <strong>education</strong> and related services is concluded.<br />
If the ARC answers “no” to all three (3) of these questions, then the ARC, after similar consideration<br />
of any other determinant factors for the specific disability, determines that the <strong>child</strong> or youth is<br />
eligible as a <strong>child</strong> or youth with a disability to receive special <strong>education</strong> and related services.<br />
Appropriate Learning Experiences in Reading and Math<br />
The ARC reviews all relevant data including, but not limited to, <strong>education</strong>al history and<br />
interventions for determining if the <strong>child</strong> or youth is being provided with appropriate instruction and<br />
learning experiences for the student’s age and ability levels in reading (including the essential<br />
components of reading) and in math. If it is determined that the <strong>child</strong> or youth is not being provided<br />
with appropriate instruction, the determination will include whether any absence of such instruction<br />
explains or causes the student to achieve at a level that is not commensurate with his or her age and<br />
ability levels. A <strong>child</strong> or youth who has been evaluated as having a disability and who, because of<br />
that disability, needs special <strong>education</strong> and related services cannot be excluded because that <strong>child</strong> or<br />
youth also lacks learning experiences appropriate for the student’s age and ability levels in reading<br />
and math. Conversely, if the <strong>child</strong> or youth has not been provided with learning experiences that are<br />
appropriate for the student’s age and ability levels in reading and math, the ARC, in determining the<br />
presence of a disability, must verify that the lack of instruction is not the predominant factor in the<br />
student’s lack of reading or math performance that is commensurate with his or her age and ability<br />
levels.<br />
Limited English Proficiency<br />
The ARC must ensure that a <strong>child</strong> or youth with limited English proficiency is not evaluated on the<br />
basis of criteria that essentially measure English language skills. When a <strong>child</strong> or youth is not<br />
English-proficient, the ARC chairperson/district representative will assign responsibility for<br />
determining whether:<br />
A. The <strong>child</strong> or youth is able to respond to tests and assessment procedures as expected for a<br />
<strong>child</strong> or youth who is English-proficient;<br />
B. Test modifications or test selection and administration in the student’s native language is<br />
required to most likely to yield accurate information on what the <strong>child</strong> knows and can do<br />
academically, developmentally, and functionally; or<br />
C. The <strong>child</strong> or youth is not currently testable using the district, surrounding state-supported<br />
institutions of higher <strong>education</strong>, and other resources.<br />
If an evaluation is conducted, evaluators will document whether the results of tests and other<br />
assessment procedures used to determine eligibility can or cannot be explained or caused by the<br />
4: Eligibility 5
student’s limited English proficiency. A <strong>child</strong> or youth who has been evaluated as having a disability<br />
and who, because of that disability, needs special <strong>education</strong> and related services cannot be excluded<br />
because that <strong>child</strong> or youth also has limited English proficiency. Limited English proficiency alone,<br />
with no determined area of disability, is not sufficient for the ARC to determine that the <strong>child</strong> or<br />
youth has a disability that requires special <strong>education</strong> and related services.<br />
If collected evaluation data support the presence of one or more determinant factors, the eligibility<br />
determination form and the meeting summary document the ARC discussion of the factor(s).<br />
Disproportionality<br />
District personnel use tests, materials, and processes that are racially and culturally sensitive. If<br />
apparently valid and reliable testing and evaluation materials appear to have led to the overrepresentation<br />
or under-representation of <strong>child</strong>ren or youth who are members of a particular race,<br />
socioeconomic level, national origin, or cultural group in any category of <strong>child</strong>ren with disabilities,<br />
then the district conducts a self-evaluation under the direction of the executive director of<br />
Exceptional Child Education (ECE). For further information, see Section V, “Test Criteria” of<br />
Chapter 3.<br />
SECTION III<br />
CATEGORIES OF DISABILITIES<br />
Autism<br />
“Autism” means a developmental disability significantly effecting verbal and nonverbal communication and social<br />
interaction, generally evident before age three (3) that adversely affects a <strong>child</strong>’s <strong>education</strong>al performance. Other<br />
characteristics often associated with autism are engagement in repetitive activities and stereotyped movements,<br />
resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term<br />
shall not apply if a <strong>child</strong>’s <strong>education</strong>al performance is adversely affected primarily because the <strong>child</strong> has an emotionalbehavior<br />
disability. 707 KAR 1:002, Section 1(5)<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has autism when:<br />
A. Evaluation information verifies that the <strong>child</strong> or youth has a developmental disability<br />
generally evident before age three (3). This developmental disability significantly affects:<br />
1. Verbal and nonverbal communication; and<br />
2. Social interaction.<br />
B. Evaluation information documents if any of the following characteristics often associated<br />
with autism are present:<br />
1. Engagement in repetitive activities and stereotyped movements;<br />
2. Resistance to environmental change or change in daily routines; or<br />
3. Unusual responses to sensory experiences.<br />
C. Evaluation information shows that the disability adversely affects <strong>education</strong>al<br />
performance; and<br />
D. Documentation exists to support that the deficits are not primarily the result of an<br />
emotional-behavioral disability (EBD).<br />
6 4: Eligibility
Deaf-Blindness<br />
“Deaf-Blindness” means concomitant hearing and visual impairments that have an adverse effect on the <strong>child</strong>’s<br />
<strong>education</strong> performance, the combination of which causes severe communication and other developmental and<br />
<strong>education</strong>al needs that cannot be accommodated in special <strong>education</strong> programs solely for <strong>child</strong>ren with deafness or<br />
<strong>child</strong>ren with blindness, unless supplementary assistance is provided to address <strong>education</strong>al needs resulting from the two<br />
(2) disabilities. 707 KAR 1:002, Section 1(21)<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth is deaf-blind when:<br />
A. Evaluation information collected across multiple settings verifies that:<br />
1. The <strong>child</strong> or youth has a hearing impairment; (See “Hearing Impairment” in this<br />
section.) and<br />
2. The <strong>child</strong> or youth has a visual impairment. (See “Visual Impairment” in this<br />
section.)<br />
B. The combination of the two impairments causes such severe communication,<br />
developmental, and <strong>education</strong>al needs that the <strong>child</strong> or youth cannot be accommodated in<br />
special <strong>education</strong> programs designed solely for <strong>child</strong>ren with visual or hearing<br />
impairments, unless supplementary assistance is provided to address <strong>education</strong>al needs<br />
resulting from the two disabilities; and<br />
C. Evaluation information shows that the disability adversely affects <strong>education</strong>al performance.<br />
Developmental Delay<br />
“Development delay” or “DD” means that a <strong>child</strong> within the ages of three (3) through eight (8) has not acquired skills,<br />
or achieved commensurate with recognized performance expectations for his age in one (1) or more of the following<br />
developmental areas: cognition, communication, motor development, social-emotional development, or self-helpadaptive<br />
behavior. Developmental delay includes a <strong>child</strong> who demonstrates a measurable, verifiable discrepancy<br />
between expected performance for the <strong>child</strong>’s chronological age and current level of performance. The discrepancy shall<br />
be documented by:<br />
(a) Acores of two (2) standard deviations or more below the mean in one (1) of the areas listed above as obtained using<br />
norm-referenced instruments and procedures;<br />
(b) Scores of one and one-half (1½) standard deviations below the mean in two (2) or more of the areas listed above<br />
using norm-referenced instruments and procedures; or<br />
(c) The professional judgment of the ARC that there is a significant atypical quality or pattern of development.<br />
Professional judgment shall be used only where normed scores are inconclusive and the ARC documents in a written<br />
report the reasons for concluding that a <strong>child</strong> has a developmental delay. 707 KAR 1:002, Section 1(22)<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
has a developmental delay (DD) when:<br />
A. The <strong>child</strong> is three (3) through eight (8) years of age;<br />
B. The <strong>child</strong> has not acquired skills that are commensurate with recognized performance<br />
expectations for his or her age in one or more of the following developmental areas:<br />
1. Cognition<br />
2. Motor development<br />
3. Self-help/Adaptive behavior<br />
4. Communication<br />
4: Eligibility 7
5. Social-emotional development<br />
C. The <strong>child</strong> demonstrates a measurable, verifiable difference between expected level of<br />
performance and current level of performance. This difference is documented by:<br />
1. Scores of two (2) standard deviations or more below the mean in one (1) or more of<br />
the five (5) developmental areas listed above using norm-referenced instruments and<br />
procedures; or<br />
2. Scores of 1.5 standard deviations below the mean in two (2) or more of the five (5)<br />
developmental areas listed above using norm-referenced instruments and procedures;<br />
or<br />
3. The professional judgment of the ARC, which verifies the existence of significant<br />
atypical quality or pattern of development when normed scores are inconclusive.<br />
D. Evaluation information shows that the disability adversely affects <strong>education</strong>al<br />
performance.<br />
The use of a professional-judgment standard is limited to situations in which normative scores are<br />
inconclusive. The eligibility determination form provides written documentation of the data used and<br />
justifies the use of professional judgment in the determination of a developmental delay.<br />
Emotional-Behavioral Disability<br />
“Emotional-behavioral disability” or “EBD” means that a <strong>child</strong>, when provided with interventions to meet<br />
instructional and social-emotional needs, continues to exhibit one (1) or more of the following, when compared to the<br />
<strong>child</strong>’s peer and cultural reference groups, across settings, over a long period of time and to a marked degree:<br />
1. Severe deficits in social competence or appropriate behavior which cause an inability to build or maintain<br />
satisfactory interpersonal relationships with adults or peers;<br />
2. Severe deficits in academic performance which are not commensurate with the student’s ability level and are not<br />
solely a result of intellectual, sensory, or other health factors but are related to the <strong>child</strong>’s social-emotional problem;<br />
3. A general pervasive mood of unhappiness or depression; or<br />
4. A tendency to develop physical symptoms or fears associated with personal or school problems.<br />
This term does not apply to <strong>child</strong>ren who display isolated (not necessarily one [1]) inappropriate behaviors that are the<br />
result of willful, intentional, or wanton actions unless it is determined through the evaluations process that the <strong>child</strong> does<br />
have an emotional-behavioral disability. 707 KAR 1:002, Section 1(24)<br />
According to procedures in Section I and Section II of this chapter, the ARC determines a <strong>child</strong> or<br />
youth has an emotional-behavioral disability (EBD) when:<br />
A. The <strong>child</strong> or youth is provided with interventions to meet instructional and socialemotional<br />
needs but continues to exhibit one or more of the following when compared to<br />
the his or her peer and cultural reference groups:<br />
1. Severe deficits in social competence or appropriate behavior, which cause an inability<br />
to build or maintain satisfactory interpersonal relationships with adults or peers;<br />
2. Severe deficits in academic performance, which are not commensurate with the<br />
<strong>child</strong>’s or youth’s ability level and are not solely a result of intellectual, sensory, or<br />
other health factors but are related to the <strong>child</strong>’s or youth’s social-emotional<br />
problems;<br />
3. A general pervasive mood of unhappiness or depression;<br />
4. A tendency to develop physical symptoms or fears associated with personal or school<br />
8 4: Eligibility
problems.<br />
B. Compared to peer and cultural norms, the <strong>child</strong> or youth continues to exhibit severe<br />
deficits in social competence or academic performance:<br />
1. To a marked degree (severe in terms of frequency, duration, and intensity);<br />
2. Across multiple settings; and<br />
3. Over a long period of time.<br />
C. The severe deficit in social competence, appropriate behavior, and academic performance<br />
is not the result of isolated inappropriate behaviors that are the result of willful,<br />
intentional, or wanton actions;<br />
D. Evaluation information shows that the disability adversely affects <strong>education</strong>al<br />
performance.<br />
A comprehensive evaluation must be conducted, and it must be determined that the <strong>child</strong> or youth<br />
does have an EBD in order to then consider the determinant factor that is specific only to this<br />
disability. The influence of other determinant factors must also be evaluated by the ARC. See Step 3,<br />
“Determinant Factors” in Section II, “Determination of Eligibility” in this chapter.<br />
Data should indicate that systematic behavioral interventions were implemented with the <strong>child</strong> or<br />
youth over an extended time; four (4) school months is recommended with the exception of<br />
behaviors that are dangerous to one’s self or others. During the intervention process, data should<br />
support that staff completed the following steps:<br />
A. Analyzed the relationship between problem behaviors and the environmental setting,<br />
events, and actions (e.g., determined if there is a time, place, or person that seemed to<br />
decrease the behavior);<br />
B. Analyzed the purpose or function that the behavior(s) served in meeting the <strong>child</strong>’s or<br />
youth’s needs (e.g., determined if the purpose of the behavior was to gain attention, to<br />
escape or avoid a task/activity, to get something, or to gain power);<br />
C. Designed appropriate instruction to teach replacement behaviors (e.g., teaching another<br />
appropriate behavior or skill to meet the purpose of the inappropriate behavior(s) through<br />
such methods as prosocial skill training, anger-management training, anger-replacement<br />
training);<br />
D. Designed appropriate behavior-management interventions that provided correction<br />
without allowing inappropriate behavior to be reinforced (e.g., implementing positive<br />
reinforcement within a structured and consistent environment); and<br />
E. Modified the interventions based on ongoing data collection.<br />
Evaluation information is needed to confirm whether isolated (not necessarily one) inappropriate<br />
behaviors that are the result of willful, intentional, or wanton actions were or were not the<br />
determinant factor in the eligibility decision. If such behaviors are so documented and were in fact<br />
the determinant factor in the eligibility decision, then the <strong>child</strong> or youth cannot be determined to<br />
have an emotional-behavioral disability. However, these behaviors, if present, may be determined by<br />
the ARC to be of lesser influence; if the <strong>child</strong> or youth meets all other eligibility criteria, the <strong>child</strong> or<br />
youth is then determined by the ARC to be a <strong>child</strong> or youth with an EBD.<br />
Required data must validate performance levels in social competence, academic performance, and<br />
4: Eligibility 9
intellectual ability. Additional data may be in the form of observations, teacher recommendations,<br />
and health and social-developmental information.<br />
According to procedures, the ARC determines that a <strong>child</strong> or youth has an EBD if a compilation of<br />
previous and current behavioral, academic, and intervention data verifies that:<br />
A. When compared to peer and cultural norms, the <strong>child</strong> or youth continues to exhibit severe<br />
deficits in social competence:<br />
1. To a marked degree, which means that the emotional-behavioral area of concern is<br />
severe in terms of:<br />
a) “Frequency” — the number of times the behavior occurs over a given period of<br />
time;<br />
b) “Duration” — the average length of time that the <strong>child</strong> or youth engages in the<br />
behavior; and<br />
c) “Intensity” — the relative force, loudness, or intrusiveness of the behavior; and<br />
2. Across settings, which means that the evaluation data demonstrate how the behavior<br />
of the <strong>child</strong> or youth within the total school environment and community (across<br />
classrooms, instructional groups, nonacademic and extracurricular groups, and<br />
community-based activities) affects his or her <strong>education</strong>al performance; and<br />
3. Over a long period of time, which means the emotional-behavioral area of concern<br />
has been evident for a minimum of four (4) to six (6) months; (this time frame is<br />
intended to rule out short-term situational crises and single incidents, with the<br />
exception of behaviors that are dangerous to one’s self or others); and<br />
4. After appropriate academic and behavioral interventions have proven ineffective;<br />
B. If any deficit in social competence is identified, then the deficit is to the extent that it<br />
impairs personal relationships with peers or adults and it is clearly indicated that the<br />
behavior deviates from the standards for the appropriate peer and cultural reference<br />
groups;<br />
C. If any deficit in academic performance is identified, then the deficit is to the extent that it<br />
impairs development, mastery, and application of skills and knowledge and is related to<br />
social-emotional problems of the <strong>child</strong> or youth and is not solely a result of intellectual,<br />
sensory, or other health factors;<br />
D. A general pervasive mood of unhappiness or depression exist; or<br />
E. A tendency to develop physical symptoms or fears associated with personal or school<br />
problems is present.<br />
Hearing Impairment<br />
“Hearing impairment ”,sometimes referred to as “deaf” or “hard of hearing”, means a hearing loss that:<br />
(a) May be mild to profound, unilateral or bilateral, permanent or fluctuating, and is determined by:<br />
(1) An average pure-tone hearing loss in the speech range (500 Hz, 1000 Hz, and 2000 Hz) of at least 25 dB in the<br />
better ear;<br />
(2) An average pure-tone hearing loss in the high-frequency range (2000 Hz, 4000 Hz, and 6000 Hz) of at least 45 dB<br />
in the better ear; or<br />
(3) An average pure-tone unilateral hearing loss in the speech range (500 Hz, 1000 Hz 2000 Hz) of at least 60dB in<br />
the impaired ear; and<br />
(b) Results in difficulty processing linguistic information through hearing; and<br />
(c) Has an adverse effect on the <strong>child</strong>’s <strong>education</strong>al performance. 707 KAR 1:002, Section 1(29)<br />
10 4: Eligibility
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has a hearing impairment (HI) when:<br />
A. Evaluation indicates a hearing loss that may be mild to profound, unilateral or bilateral,<br />
permanent or fluctuating. The hearing loss is determined by:<br />
1. An average pure-tone hearing loss in the speech range (500 Hz, 1000 Hz, and 2000<br />
Hz) of at least 25 dB in the better hear;<br />
2. An average pure-tone hearing loss in the high-frequency range (2000 Hz, 4000 Hz,<br />
and 6000 Hz) of at least 45 dB in the better ear; or<br />
3. An average pure-tone unilateral hearing loss in the speech range (500 Hz, 1000 Hz,<br />
and 2000 Hz) of at least 60 dB in the impaired ear; and<br />
B. Evaluation indicates that deficits exist in his or her ability to process linguistic<br />
information through hearing; and<br />
C. Evaluation information shows that the hearing loss adversely affects <strong>education</strong>al<br />
performance.<br />
Mental Disability<br />
“Mental disability” means that a <strong>child</strong> has one (1) of the following:<br />
(a) a mild mental disability (MMD) in which:<br />
1. cognitive functioning is at least two (2) but no more than three (3) standard deviations below the mean;<br />
2. adaptive behavior deficit is at least two (2) standard deviations below the mean;<br />
3. a severe deficit exists in overall academic performance including acquisition, retention, and application of<br />
knowledge; and<br />
4. manifestation is typically during the developmental period; or<br />
(b) a functional mental disability (FMD) in which:<br />
1. cognitive functioning is at least three (3) or more standard deviations below the mean;<br />
2. adaptive behavior deficits are at least three (3) or more standard deviations below the mean;<br />
3. a severe deficit exists in overall academic performance including acquisition, retention, and application of<br />
knowledge; and<br />
4. manifestation is typically during the developmental period. 707 KAR 1:002, Section 1(37)<br />
Mild Mental Disability<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has a mild mental disability (MMD) when:<br />
A. Evaluation information shows the following:<br />
1. His or her cognitive functioning is at least two (2) standard deviations but not more<br />
than three (3) standard deviations below the mean;<br />
2. His or her adaptive behavior is at least two (2) standard deviations below the mean;<br />
3. He or she has a severe deficit in overall academic performance, including acquisition,<br />
retention, and application of knowledge; and<br />
4. The disability is typically manifested during the developmental period;<br />
B. Evaluation information shows that the disability adversely affects <strong>education</strong>al<br />
performance.<br />
4: Eligibility 11
Functional Mental Disability<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has a functional mental disability (FMD) when:<br />
A. Evaluation information shows the following:<br />
1. His or her cognitive functioning is at least three (3) or more standard deviations<br />
below the mean;<br />
2. His or her adaptive behavior is at least three (3) or more standard deviations below<br />
the mean;<br />
3. He or she has a severe deficit in overall academic performance, including acquisition,<br />
retention, and application of knowledge; and<br />
4. The disability is typically manifested during the developmental period;<br />
B. Evaluation information shows that the disability adversely affects <strong>education</strong>al<br />
performance.<br />
Use of Standard Error of Measure<br />
In making a determination under the category of mental disability, the ARC may apply a standard error of measure, if<br />
appropriate. 707 KAR 1:310, Section 1(5)<br />
Use of the applicable standard error of measurement, which is rarely used, enables the ARC to take<br />
into account test score error; this is especially important when the intelligence score is near a critical<br />
cutoff point. Care must be exercised to:<br />
A. Distinguish the standard error of measurement for the appropriate age group listed in the<br />
test manual from the listed table values for confidence intervals; and<br />
B. Ensure that the adjusted score is used in combination with other evaluation data and not<br />
in isolation. The composite of evaluation data must support the eligibility decision.<br />
When using the applicable standard error of measure, the psychologist is in attendance and assists<br />
the ARC in making the individualized judgments that are required to achieve sound eligibility<br />
decisions.<br />
Multiple Disabilities<br />
“Multiple disabilities” or “MD” means concomitant impairments that have an adverse effect on the <strong>child</strong>’s <strong>education</strong>al<br />
performance, the combination of which causes severe <strong>education</strong>al needs that cannot be accommodated in special<br />
<strong>education</strong> programs solely for one of the impairments. Examples of MD include mental disability-blindness, mental<br />
disability-orthopedic impairment. Multiple disabilities does not mean deaf-blindness nor does it mean a speech or<br />
language impairment in combination with another category of disability. 707 KAR 1:002, Section 1(39)<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has multiple disabilities (MD) when:<br />
A. The <strong>child</strong> or youth has a combination of two (2) or more of the following disabilities:<br />
1. Autism;<br />
12 4: Eligibility
2. Emotional-behavioral disability;<br />
3. Hearing impairment;<br />
4. Mental disability (mild or functional);<br />
5. Orthopedic impairment or physical disability;<br />
6. Other health impaired;<br />
7. Specific learning disability;<br />
8. Traumatic brain injury;<br />
9. Visual impairment;<br />
10. Deaf/blindness<br />
B. The <strong>child</strong>’s or youth’s disability is not solely a combination of deafness and blindness;<br />
C. The <strong>child</strong>’s or youth’s disability is not a combination of a speech or language impairment<br />
and one other disabling condition; and<br />
D. The combination of these disabilities causes such severe <strong>education</strong>al needs that they<br />
cannot be accommodated through special <strong>education</strong> programs solely for one impairment.<br />
Eligibility criteria must be substantiated by evaluation data for each separate disability. In addition,<br />
data is required regarding the effects of the combination of these disabilities, including the <strong>child</strong>’s or<br />
youth’s inability to profit from a program designed for only one of the disabilities.<br />
Other Health Impaired<br />
“Other health impairment” or “OHI” means having limited strength, vitality, or alertness, including a heightened<br />
alertness to environmental stimuli, that results in limited alertness with respect to the <strong>education</strong> environment, that:<br />
(a) is due to a chronic or acute health problem such as acquired immune deficiency syndrome, asthma, attention deficit<br />
disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning,<br />
leukemia, nephritis, rheumatic fever, sickle cell anemia, Tourette syndrome, or tuberculosis; and<br />
(b) adversely affects a <strong>child</strong>’s <strong>education</strong>al performance. 707 KAR 1:002, Section 1(42)<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has a disability of other health impaired (OHI) when:<br />
A. A current, <strong>education</strong>ally relevant medical evaluation completed by a licensed physician<br />
verifies:<br />
1. The existence of a health impairment caused by chronic or acute health problems,<br />
such as a heart condition, tuberculosis, sickle cell anemia, hemophilia, epilepsy,<br />
rheumatic fever, nephritis, asthma, attention deficit disorder (ADD), attention deficit<br />
hyperactivity disorder (ADHD), lead poisoning, leukemia, diabetes, or acquired<br />
immune deficiency syndrome (AIDS);<br />
2. The effect of the impairment on:<br />
a) Strength;<br />
b) Vitality; or<br />
c) Alertness (including heightened alertness to environmental stimuli that results in<br />
limited alertness with respect to the <strong>education</strong>al environment);<br />
B. Current, <strong>education</strong>ally relevant evaluation information verifies the impact of the<br />
impairment on instructional tolerance, stamina, fine-motor and gross-motor skills,<br />
locomotion, or academic performance;<br />
C. Evaluation information shows that the disability adversely affects <strong>education</strong>al<br />
4: Eligibility 13
performance.<br />
Orthopedic Impairment or Physically Disabled<br />
“Orthopedic impairment” or “OI” means a severe orthopedic impairment that adversely affects a <strong>child</strong>’s <strong>education</strong><br />
performance. The term includes an impairment caused by a congenital anomaly such as clubfoot or absence of some<br />
member, an impairment caused by disease such as poliomyelitis or bone tuberculoses, and an impairment from other<br />
causes such as cerebral palsy, amputations, and fractures or burns that causes contractures.<br />
707 KAR 1:002, Section 1(41)<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has an orthopedic impairment (OI) or is physically disabled (PD) when:<br />
A. A current, <strong>education</strong>ally relevant medical evaluation that is completed by a licensed<br />
physician verifies the existence of an impairment caused by:<br />
1. A congenital anomaly, such as spina bifida or absence of member;<br />
2. A disease, such as poliomyelitis or bone tuberculosis; or<br />
3. Other causes, such as cerebral palsy, amputations, fractures, or burns that<br />
cause contractions;<br />
B. Current, <strong>education</strong>ally relevant evaluation information verifies the impact of the<br />
impairment, such as its impact on fine-motor and gross-motor skills, locomotion, or<br />
academic performance; and<br />
C. Evaluation information shows that the disability adversely affects <strong>education</strong>al<br />
performance.<br />
The ARC determines that an <strong>education</strong>ally relevant medical evaluation completed by a licensed<br />
physician verifies:<br />
A. The existence of a severe orthopedic or physical impairment caused by a congenital<br />
anomaly, disease, injury, or accident;<br />
B. The diagnosis and nature of the impairment; and<br />
C. Any limitations resulting from the impairment.<br />
In addition, current, <strong>education</strong>ally relevant evaluation information is needed to verify the impact of<br />
the impairment on areas such as fine-motor and gross-motor skills, locomotion, physical <strong>education</strong>,<br />
or academic performance.<br />
Specific Learning Disabilities<br />
“Specific learning disability” or “LD” means a disorder that adversely affects the ability to acquire, comprehend or<br />
apply reading, mathematical, writing, reasoning, listening, or speaking skills to the extent that specially designed<br />
instruction is required to benefit from <strong>education</strong>. The specific learning disability (LD) may include dyslexia, dyscalculia,<br />
dysgraphia, developmental aphasia, and perceptual/motor disabilities. The term does not include deficits that are the<br />
result of other primary determinant or disabling factors such as vision, hearing, motor impairment, mental disability,<br />
emotional-behavioral disability, environmental or economic disadvantaged, cultural factors, limited English proficiency,<br />
or lack of relevant research-based instruction in the deficit area. 707 KAR<br />
1:002, Section 1 (59)<br />
14 4: Eligibility
Additional ARC Membership and Qualifications<br />
The determination of whether a <strong>child</strong> suspected of having a specific learning disability is a <strong>child</strong> with a disability and<br />
whether the specific learning disability adversely affects <strong>education</strong>al performance shall be considered by the <strong>child</strong>’s<br />
ARC. The ARC shall also include other professionals, relative to the area(s) of concern, such as a school psychologist,<br />
speech-language pathologist, or <strong>education</strong>al specialist.<br />
Any ARC convened to discuss a <strong>child</strong> with a suspected or documented specific learning disability shall be collectively<br />
qualified to:<br />
(a) Conduct, as appropriate, individual diagnostic assessments in the areas of speech/language, academic achievement,<br />
intellectual development, or social-emotional development;<br />
(b) Interpret assessment and intervention data and apply critical analysis to that data;<br />
(c) Develop appropriate <strong>education</strong>al and transitional recommendations based on the assessment data; and<br />
(d) Deliver and monitor specially designed instruction and services to meet the needs of a <strong>child</strong> with a specific learning<br />
disability. 707 KAR 1:310, Section 2 (1-2)<br />
Criteria for Determination of Specific Learning Disability<br />
The ARC may determine a <strong>child</strong> has a specific learning disability if:<br />
(a) 1. The <strong>child</strong> is provided with learning experiences and instruction appropriate for the <strong>child</strong>'s age or state-approved<br />
grade level standards aligned with the Kentucky Program of Studies, 704 KAR 3:303; and<br />
2. The <strong>child</strong> does not achieve adequately for the <strong>child</strong>'s age or grade level standards aligned with the Kentucky<br />
Program of Studies, as indicated on multiple data sources, as appropriate, in one or more of the following areas:<br />
(a) Oral expression;<br />
(b) Listening comprehension;<br />
(c) Written expression;<br />
(d) Basic reading skills;<br />
(e) Reading fluency skills;<br />
(f) Reading comprehension;<br />
(g) Mathematics calculation; or<br />
(h) Mathematics reasoning;<br />
(b) The <strong>child</strong> fails to achieve a rate of learning to make sufficient progress to meet grade level standards aligned with<br />
the Kentucky Program of Studies, 704 KAR 3:303 in one or more of the areas identified in subparagraph (3)(a)2 of<br />
this section when assessed based on the <strong>child</strong>'s response to scientific, research-based intervention; or<br />
(c) The <strong>child</strong> exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to ability<br />
level or intellectual development, that is determined by the ARC to be relevant to the identification of a specific<br />
learning disability, using appropriate assessments consistent with 707 KAR 1:300, Section 4.<br />
707 KAR 1:310, Section 2(3)<br />
Multiple sources of data collected and reviewed by the ARC must verify that the <strong>child</strong> does not<br />
achieve adequately for his or her age or does not meet age or grade-level standards aligned with the<br />
Kentucky Program of Studies in one or more of the specific areas indicated above. Documentation of<br />
learning experiences and instruction that are appropriate for the <strong>child</strong>’s age or state-approved, gradelevel<br />
standards is required.<br />
The ARC considers whether a <strong>child</strong> has a specific learning disability (SLD) if evaluation information<br />
verifies:<br />
A. That, when provided with appropriate learning experiences for age or grade-level<br />
standards aligned with the Kentucky Program of Studies, the <strong>child</strong> does not achieve<br />
commensurate with his or her age and ability levels in one or more of the eight listed<br />
areas; and<br />
4: Eligibility 15
B. That the area(s) of concern identified on the referral or through the comprehensive<br />
evaluation process has continued following appropriate support, including appropriate<br />
instruction in reading or math; and<br />
C. That the <strong>child</strong> does not make adequate progress when assessed and instructed using<br />
response to scientific, research-based interventions; and/or<br />
D. That a pattern of strengths and weaknesses exists between academic performance or<br />
achievement and ability level or intellectual development.<br />
Following a reevaluation, the ARC, considering all evaluation data, must determine whether or not<br />
the <strong>child</strong> continues to be a <strong>child</strong> with a disability and in need of specially designed instruction. (See<br />
Section 3, “Coordinated Early Intervening System” in Chapter III.) The ARC makes a determination<br />
of whether the <strong>child</strong> or youth is ready to transition back to the setting he or she would be in if not<br />
<strong>education</strong>ally disabled.<br />
Exclusion Factors<br />
The ARC shall not identify a <strong>child</strong> as having a specific learning disability if deficits in achievement are primarily the<br />
result of:<br />
(a) A visual, hearing, or motor impairment;<br />
(b) Mental disability as defined in 707 KAR 1:002 (37);<br />
(c) Emotional-behavioral disability;<br />
(d) Cultural factors;<br />
(e) Environmental or economic disadvantage; or<br />
(f) Limited English proficiency . 707 KAR 1:310, Section 2(4)<br />
Observation Required<br />
At least one (1) team member other than the <strong>child</strong>’s regular <strong>education</strong> teacher shall observe the <strong>child</strong> in the learning<br />
environment, including the regular classroom setting, to document academic performance and behavior in the area of<br />
difficulty. If the <strong>child</strong> is less than school age or is out of school, the observation shall take place in an environment<br />
appropriate for the <strong>child</strong>. 707 KAR 1:310, Section 2(5)<br />
Documentation of behavior observation(s) includes a description of the activity and behaviors<br />
observed, such as:<br />
A. The specific behavior(s) observed;<br />
B. The setting(s) in which observation(s) occurred;<br />
C. Observation(s) during engagement in the targeted behavior(s) in more than one situation<br />
or task and in antecedent and subsequent events;<br />
D. Times and lengths of observations, dates, and observers;<br />
E. Data that is collected over time and that demonstrate the frequency, duration, latency, or<br />
intensity of targeted behavior(s); and<br />
F. The criteria against which the targeted behavior(s) is judged (e.g., behavior[s] of<br />
comparison group, expected appropriate behavior).<br />
The <strong>child</strong> is observed in the learning environment(s), including the regular classroom setting, to<br />
document academic performance and behavior in the area of difficulty. When a <strong>child</strong> is younger than<br />
school age or out of school, observation(s) are conducted in age-appropriate environments (e.g.,<br />
16 4: Eligibility
preschool programs, vocational programs, daycare centers, the community, his or her home).<br />
Observation(s) are conducted by someone other than the <strong>child</strong>’s regular classroom teacher. This<br />
person is specifically trained in observation techniques and methods (e.g., teacher, psychologist,<br />
guidance counselor).<br />
The <strong>child</strong>’s regular classroom teacher does not conduct a behavior observation within his or her own<br />
classroom for the purpose of meeting the evaluation requirements for specific learning disabilities.<br />
This does not preclude the <strong>child</strong>’s regular <strong>education</strong> teacher from providing additional behavior<br />
observations.<br />
Appropriate Instruction in Regular Education Settings<br />
For a <strong>child</strong> suspected of having a specific learning disability, the ARC must consider, as part of the evaluation, data that<br />
demonstrates that:<br />
(a) Prior to, or as a part of the referral process, the <strong>child</strong> was provided appropriate instruction in regular <strong>education</strong><br />
settings, including that the instruction was delivered by qualified personnel; and<br />
(b) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal<br />
assessment of student progress during instruction, which was provided to the <strong>child</strong>’s parent.<br />
707 KAR 1:310, Section 2(6)<br />
If the <strong>child</strong> has not made adequate progress after an appropriate period of time, during which the conditions in<br />
paragraphs (a) and (b) of this subsection have been implemented, a referral for an evaluation to determine if the <strong>child</strong><br />
needs special <strong>education</strong> and related services shall be considered. 707 KAR 1:310, Section 2(7)<br />
The ARC reviews appropriate data to determine if the <strong>child</strong> or youth has been provided appropriate<br />
instruction in the regular <strong>education</strong> setting. For further information, see Section III, “Coordinated<br />
Early Intervening System” and Step 3, “Determinant Factors” in Section II, “Determination of<br />
Eligibility” of this chapter.<br />
Documentation Required<br />
An ARC shall develop documentation of a specific learning disability. This documentation shall contain a statement of:<br />
(a) whether the <strong>child</strong> has a specific learning disability;<br />
(b) the basis for making that determination;<br />
(c) the relevant behavior noted during the observation;<br />
(d) the relationship of that behavior to the <strong>child</strong>’s academic functioning;<br />
(e) the <strong>education</strong>ally relevant medical findings, if any;<br />
(f) whether the <strong>child</strong> does not achieve commensurate with the <strong>child</strong>’s age and ability;<br />
(g) Whether there are patterns of strengths and weaknesses in performance or achievement or both relative to age, stateapproved<br />
grade level standards or intellectual development in one or more of the areas described in subparagraph<br />
(3)(a)2 of this section, that require special <strong>education</strong> and related services; and<br />
(h) the determination of the ARC concerning the effects of a visual, hearing, or motor disability; mental retardation;<br />
emotional disturbance, environmental, cultural factors, or economic disadvantage; or limited English proficiency on<br />
the <strong>child</strong>’s achievement level.<br />
(i) the instructional strategies used and the student-centered data collected based on the <strong>child</strong>’s response to scientific,<br />
research-based intervention.<br />
707 KAR 1:310, Section 2(8)<br />
4: Eligibility 17
This documentation shall include notification to the <strong>child</strong>’s parents concerning the policies regarding:<br />
(a) the amount and nature of student performance data that is collected and the general <strong>education</strong> services that are<br />
provided;<br />
(b) strategies for increasing the <strong>child</strong>’s rate of learning; and<br />
(c) the parents right to request an evaluation.<br />
707 KAR 1:310, Section 2(9)<br />
Each ARC member shall certify in writing whether the report reflects the member’s conclusion. If it does not reflect the<br />
member’s conclusion, the team member shall submit a separate statement presenting the member’s conclusions.<br />
707 KAR 1:310, Section 2(10)<br />
Speech or Language Impairment<br />
“Speech or language impairment means a communication disorder, including stuttering, impaired articulation, a<br />
language impairment, a voice impairment, delayed acquisition of language, or an absence of language, that adversely<br />
affects a <strong>child</strong>’s <strong>education</strong>al performance. 707 KAR 1:002, Section 1(60)<br />
The ARC determines that a <strong>child</strong> or youth has a disability of speech or language impairment as<br />
defined above and is eligible for special <strong>education</strong> and related services if evaluation information<br />
documents the existence of a speech or language impairment that adversely affects <strong>education</strong>al<br />
performance.<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has a speech or language impairment when:<br />
A. The <strong>child</strong> or youth has a communication disorder in one or more of the following areas:<br />
1. Speech sound production and use (impaired articulation);<br />
2. Language (impaired, delayed acquisition, or absence of);<br />
3. Fluency (stuttering);<br />
4. Voice;<br />
B. Evaluation information confirms that the disorder or condition adversely affects<br />
<strong>education</strong>al performance;<br />
C. The <strong>child</strong> or youth does not have a communication difference due to:<br />
1. The use of a regional dialect or nonstandard English;<br />
2. Limited English proficiency (e.g., English as a Second Language [ESL] with no<br />
communication disorder in the <strong>child</strong>’s or youth’s first language);<br />
3. Developmental dysfluencies; or<br />
4. Temporary physical factors (e.g., allergies).<br />
Decisions regarding the eligibility of a <strong>child</strong> or youth in the areas of speech sound production and<br />
use, language, fluency, and voice are made according to the Kentucky Eligibility Guidelines for<br />
Students with Speech or Language Impairment — Revised.<br />
For a <strong>child</strong> or youth who is eligible to receive special <strong>education</strong> services under another area of<br />
disability, the ARC must determine if the <strong>child</strong> or youth has a communication disorder.<br />
.<br />
18 4: Eligibility
Traumatic Brain Injury<br />
“Traumatic brain injury” or “TBI” means an acquired injury to the brain caused by an external physical force,<br />
resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a <strong>child</strong>’s<br />
<strong>education</strong>al performance. Traumatic brain injury does not mean brain injuries that are congenital or degenerative, or<br />
brain injuries induced by birth trauma. Traumatic brain injury means open or closed head injuries resulting in<br />
impairments in one or more areas, including: (a) cognition; (b) language; (c) memory; (d) attention; (e) reasoning; (f)<br />
abstract thinking; (g) judgment; (h) problem-solving; (i) sensory, perceptual, and motor abilities; (j) psychosocial<br />
behavior; (k) physical functions; (l) information processing; and (m) speech. 707 KAR 1:002, Section 1(63)<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has a traumatic brain injury (TBI) when:<br />
A. A current, <strong>education</strong>ally relevant medical statement completed by a licensed physician<br />
verifies the existence of a TBI;<br />
B. Evaluation information collected across multiple settings verifies an acquired injury to<br />
the brain caused by an external physical force, resulting in total or partial functional<br />
disability or psychosocial impairments, or both. A TBI is not congenital or degenerative<br />
and is not a brain injury induced by birth trauma. A TBI is evidenced by information that<br />
indicates an open or closed head injury, resulting in an impairment in one or more of the<br />
following areas:<br />
1. Cognition;<br />
2. Language;<br />
3. Memory;<br />
4. Attention;<br />
5. Reasoning;<br />
6. Abstract thinking;<br />
7. Judgment;<br />
8. Problem solving;<br />
9. Sensory, perceptual, and motor abilities;<br />
10. Psychosocial behavior;<br />
11. Physical functions;<br />
12. Information processing and speech;<br />
C. evaluation information shows that the disability adversely affects <strong>education</strong>al<br />
performance.<br />
The ARC will obtain a medical statement completed by a licensed physician to verify the existence<br />
of a TBI and the diagnosis and extent of injury, including the possible effect on <strong>education</strong>al<br />
performance.<br />
4: Eligibility 19
Visual Impairment<br />
"Visual impairment" or "VI" means a vision loss, even with correction that:<br />
(a) Requires specialized materials, instruction in orientation and mobility, Braille, visual efficiency, or tactile<br />
exploration;<br />
(b) Has an adverse effect on the <strong>child</strong>’s <strong>education</strong>al performance; and<br />
(c) Meets the following:<br />
1. The <strong>child</strong> has visual acuity with prescribed lenses that is 20/70 or worse in the better eye; or<br />
2. The <strong>child</strong> has visual acuity that is better than 20/70 and the <strong>child</strong> has one (1) of the following conditions:<br />
a. A medically-diagnosed progressive loss of vision;<br />
b. A visual field of twenty (20) degrees or worse;<br />
c. A medically-diagnosed condition of cortical blindness; or<br />
d. A functional vision loss. 707 KAR 1:002, Section 1(65)<br />
According to procedures in Section I and Section II of this chapter, the ARC determines that a <strong>child</strong><br />
or youth has a visual impairment (VI) when:<br />
A. An evaluation includes the following components:<br />
1. The visual acuity, even with prescribed lenses, is 20/70 or worse in the better eye; or<br />
2. The visual acuity is better than 20/70, and the <strong>child</strong> or youth has any of the following<br />
conditions:<br />
a. A medically diagnosed progressive loss of vision;<br />
b. A visual field of twenty (20) degrees or worse;<br />
c. A medically diagnosed condition of cortical blindness; or<br />
d. A functional loss of vision;<br />
B. The <strong>child</strong> or youth requires specialized materials and instruction in orientation and<br />
mobility, Braille, visual efficiency, or tactile exploration;<br />
C. Evaluation information shows that the vision loss adversely affects <strong>education</strong>al<br />
performance.<br />
20 4: Eligibility
CHAPTER 5<br />
INDIVIDUAL EDUCATION PROGRAM<br />
707 KAR 1:320<br />
SECTION I<br />
INDIVIDUAL EDUCATION PROGRAMS<br />
An LEA * shall ensure an IEP † is developed and implemented for each <strong>child</strong> with a disability served by that LEA, and for<br />
each <strong>child</strong> with a disability placed in or referred to a private school or facility by the LEA.<br />
707 KAR 1:320, Section 1(1)<br />
An IEP shall be in place for all eligible <strong>child</strong>ren aged three (3) through five (5). 707 KAR 1:320, Section 1(7)<br />
At the beginning of the school year, an LEA shall have an IEP in effect for each <strong>child</strong> with a disability within its<br />
jurisdiction.<br />
An LEA shall ensure the IEP:<br />
(a) Is in effect before specially designed instruction and related services are provided to a <strong>child</strong> with a disability; and<br />
(b) Is implemented as soon as possible following an ARC ‡ meeting.<br />
An LEA (or state agency responsible for developing the <strong>child</strong>’s IEP) shall ensure that there is no delay in implementing a<br />
<strong>child</strong>’s IEP, including any case in which the payment source for providing or paying the special <strong>education</strong> and related<br />
services to the <strong>child</strong> is being determined. 707 KAR 1:320, Section 1(3-5)<br />
The <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District will ensure that an Individual Education<br />
Program (IEP) is developed and implemented for each <strong>child</strong> or youth with a disability who is served<br />
by the JCPS District and for each <strong>child</strong> or youth with a disability who is placed in or referred to a<br />
private school or facility by the district. The Admissions and Release Committee (ARC) will<br />
develop the IEP for each <strong>child</strong> or youth with a disability and document it on the district IEP form.<br />
The district will ensure that the IEP:<br />
A. Is in effect before special <strong>education</strong> and related services are provided to a <strong>child</strong> or youth<br />
with a disability; and<br />
B. Is implemented as soon as possible following an ARC meeting.<br />
The phrase “as soon as possible following an ARC meeting” allows for implementation delays<br />
including:<br />
A. Meetings held during an instructional break (e.g., summer);<br />
B. Developing an IEP for a <strong>child</strong> who is not yet three (3) years of age;<br />
C. Circumstances that require a short delay (e.g., working out transportation arrangements);<br />
and<br />
D. Awaiting parental consent for the initial provision of services.<br />
* local <strong>education</strong>al agency (LEA), which means the JCPS district.<br />
† Individual Education Program (IEP)<br />
‡ Admissions and Release Committee (ARC)<br />
5: IEP 1
At the beginning of each school year, the district will have an IEP in effect for each <strong>child</strong> or youth<br />
with a disability within its jurisdiction.<br />
Accessibility of IEP to Staff Members Who Are Responsible for Implementation<br />
An LEA shall ensure that:<br />
(a) The <strong>child</strong>’s IEP is accessible to each regular <strong>education</strong> teacher, special <strong>education</strong> teacher, related services provider,<br />
and other service providers who are responsible for its implementation;<br />
(b) Prior to the implementation of the IEP, each implementer is informed of his specific responsibilities related to<br />
implementing the <strong>child</strong>’s IEP; and<br />
(c) The specific accommodations, modifications, and supports are provided for the <strong>child</strong> in accordance with the IEP.<br />
707 KAR 1:320, Section 1 (6)<br />
The principal assigns staff. After staff is assigned and related-service providers are identified, the<br />
ARC chairperson/district representative ensures that each individual who is providing <strong>education</strong>al<br />
services has access to a copy of the IEP. Staff and/or related-service providers are informed of their<br />
specific responsibilities as they relate to implementing the IEP. The specific accommodations,<br />
modifications, and supports must be provided in accordance with the IEP. The staff and relatedservice<br />
providers are responsible for instructional planning as well as collecting and maintaining<br />
progress data.<br />
SECTION II<br />
ADMISSIONS AND RELEASE COMMITTEE MEETINGS<br />
A LEA shall ensure that each <strong>child</strong> has an ARC which includes the membership in Section 3 of this administrative<br />
regulation and is initiated and conducted for the purpose of developing, reviewing, and revising the IEP.<br />
KAR 1:320, Section 1(7)<br />
An ARC is responsible for developing, reviewing, and revising the IEP for each <strong>child</strong> or youth who<br />
is classified as having a disability and needing special <strong>education</strong> and related services.<br />
An LEA shall ensure that within sixty (60) school days following the receipt of the parental consent for an initial<br />
evaluation of a <strong>child</strong>:<br />
(a) The <strong>child</strong> is evaluated; and<br />
(b) If the <strong>child</strong> is eligible, specially designed instruction and related services will be provided in accordance with the<br />
IEP.<br />
Within this sixty (60) school day period, an LEA shall ensure that the ARC meeting to develop an IEP for the <strong>child</strong> is<br />
conducted within thirty (30) days of the determination that the <strong>child</strong> is eligible.<br />
KAR 1:320, Section 2(3-4)<br />
The sixty (60) school-day timeline shall not apply in the following situations:<br />
(a) If the <strong>child</strong> moves to a new LEA after consent for the initial evaluation is given but before the evaluation can be<br />
completed, as long as the new LEA is making sufficient progress to complete the evaluation and the parent and the<br />
LEA agree to a specific time when the evaluation shall be completed; or<br />
(b) If the parent repeatedly fails or refuses to produce the <strong>child</strong> for evaluation. KAR 1:320,Section 2(5)<br />
Before a <strong>child</strong> or youth with a disability receives services, the ARC members determine that he or<br />
she needs special <strong>education</strong> and related services and develop an IEP. The ARC generally determines<br />
eligibility and develops the IEP during one meeting. If separate meetings are held, the ARC meeting<br />
2 5: IEP
to develop the IEP must be held within 30 calendar days of the meeting to determine eligibility and<br />
within 60 school days of the receipt of parental consent to evaluate.<br />
When a <strong>child</strong> or youth transfers from another local <strong>education</strong>al agency (LEA) and is identified as<br />
being in the process of an initial evaluation, the ARC chairperson/district representative obtains all<br />
appropriate records from the previous LEA and forwards them to the lead psychologist/designee. In<br />
consultation with school staff and the parent, the lead psychologist/designee determines an<br />
appropriate timeframe for completing the initial evaluation. This decision is communicated in<br />
writing to both the parents and the ARC chairperson/district representative.<br />
In the case of a <strong>child</strong> whose parents repeatedly fail to provide access to the <strong>child</strong> for evaluation<br />
purposes, assessment personnel are to document multiple efforts to arrange mutually agreed-upon<br />
evaluation appointments. All documentation will be forwarded to the lead psychologist/designee,<br />
who will communicate with the parent in writing by certified mail to request that the parent contact<br />
the district to reschedule the evaluation or the evaluation process will be terminated. Written<br />
communication will indicate to the parent that if the current evaluation process is terminated, the<br />
parent can, at any time in the future, request an ARC meeting to discuss a new referral of the <strong>child</strong> or<br />
youth for special <strong>education</strong> and related services.<br />
An LEA shall ensure that the ARC:<br />
(a) Reviews each <strong>child</strong>’s IEP periodically, but no less than annually, to determine whether the annual goals for the <strong>child</strong><br />
are being achieved; and<br />
(b) Revises the IEP in accordance with 34 C.F.R. 300:324 (b)(1)(ii) 707 KAR 1:320, Section 2(6)<br />
Each public agency must ensure that … the IEP Team … revises the IEP, as appropriate, to address--<br />
1. Any lack of expected progress toward the annual goals;<br />
2. Any lack of expected progress in the general curriculum, if appropriate;<br />
3. The results of any reevaluation;<br />
4. Information about the <strong>child</strong> provided by or to the parents;<br />
5. The <strong>child</strong>’s anticipated needs; and<br />
6. Other matters. 34 C.F.R. 300:324 (b)(1)(ii)<br />
The ARC members do develop an IEP when a <strong>child</strong> or youth:<br />
A. Has been evaluated and the ARC members have determined that the <strong>child</strong> or youth has an<br />
<strong>education</strong>al disability;<br />
B. Has been receiving specially designed instruction and is in the process of annual review;<br />
and<br />
C. Has a current IEP that needs to be revised because of changes in the needs or priorities of<br />
the <strong>child</strong> or youth.<br />
The ARC members do not develop an IEP when a <strong>child</strong> or youth:<br />
A. Has been evaluated and the ARC members have determined that the <strong>child</strong> or youth does<br />
not have a disability under the Individuals with Disabilities Education Act (IDEA);<br />
B. Has a disability but that disability does not adversely affect the <strong>education</strong>al performance<br />
of the <strong>child</strong> or youth; and<br />
C. Has an IEP that was developed within the last 12 months and that meets the needs of the<br />
5: IEP 3
<strong>child</strong> or youth.<br />
Each ARC will gather and review information to determine the status of a <strong>child</strong> or youth with a<br />
disability with regard to the IEP and will ensure that progress data are maintained for him or her.<br />
Actions Prior to Meeting to Develop an IEP<br />
District personnel will follow procedures in Chapter 7, “Procedural Safeguards and State Complaint<br />
Procedures,” and Chapter 9, “Confidentiality of Information,” regarding providing notice and access<br />
to student records prior to an ARC meeting. If the parent’s native language is other than English or if<br />
a different mode of communication is used, the ARC chairperson/district representative makes<br />
arrangements for an interpreter and for translating, transcribing, or recording the IEP according to<br />
procedures in Chapter 7, “Procedural Safeguards and State Complaint Procedures.”<br />
Prior to an ARC meeting, the ARC chairperson/district representative notifies all members to bring<br />
data or information about the <strong>child</strong> or youth to use in developing or revising the IEP. This<br />
information may include oral or written statements of recommendations for priority needs,<br />
evaluation results, student progress, and draft IEP, including present levels of academic achievement<br />
and functional performance, annual goals, benchmarks or short-term instructional objectives, and the<br />
type of special <strong>education</strong> and related services needed. No member of an ARC presents a final IEP.<br />
When committee members come prepared with information related to their areas of expertise, then:<br />
A. The ARC chairperson/district representative makes the parents aware at the beginning of<br />
the meeting that any prepared information is for suggestion only and is open for review<br />
and discussion;<br />
B. Each piece of information is discussed; and<br />
C. Group decisions are made related to inclusion of the information in the IEP.<br />
The IEP is developed and completed in written form during an ARC meeting to ensure input from all<br />
members.<br />
Notice of ARC Meetings<br />
Notice of an ARC meeting will be provided to the parent — in accordance with procedures in<br />
Chapter 7, “Procedural Safeguards and State Complaint Procedures” — seven (7) calendar days<br />
prior to the meeting unless the parent and ARC chairperson/district representative agree otherwise.<br />
If the <strong>child</strong> is in the eighth grade year, or has reached the age of fourteen (14) years, the invitation shall state that a<br />
purpose of the meeting will be the development of a statement for the need for transition services for the <strong>child</strong> and state<br />
that the <strong>child</strong> is invited. This subsection shall apply to a <strong>child</strong> younger than fourteen (14) years of age if determined to be<br />
appropriate by the ARC.<br />
For the <strong>child</strong> with a disability, beginning no later than the IEP that will be in effect when the <strong>child</strong> turns sixteen (16), the<br />
invitation shall state that a purpose of the meeting is the consideration of the postsecondary goals and needed transition<br />
services for the <strong>child</strong> and shall include the identity of any other agency that is invited to send a representative. This<br />
subsection shall apply to a <strong>child</strong> younger than sixteen (16) years of age if determined to be appropriate by the ARC.<br />
707 KAR 1:320, Section 4(3-4)<br />
4 5: IEP
ARC Meeting Discussions and Documentation of Proposed or Refused Actions<br />
At the beginning of each ARC meeting to develop, review, or revise an IEP, the ARC<br />
chairperson/district representative reviews the procedural safeguards (Chapter 7, “Procedural<br />
Safeguards and State Complaint Procedures”) and reviews the ARC process for IEP development<br />
and revision. This review includes:<br />
A. The ARC considers all relevant <strong>education</strong>al information;<br />
B. Before any group decision is made, the ARC members discuss and consider any<br />
information brought by any member, including parents;<br />
C. If at any point there is insufficient data to develop or revise the IEP, the ARC<br />
chairperson/district representative schedules another meeting for IEP development. He or<br />
she keeps in mind the timelines for IEP completion. The additional data needed is<br />
documented in the meeting summary;<br />
D. ARC members decide as a group and prioritize the areas of need to be included in the<br />
IEP;<br />
E. During the meeting, the ARC members discuss all of the required components of the IEP;<br />
F. The ARC keeps a record of the ARC’s decisions on the meeting summary, which<br />
includes the notice of proposed or refused action; and<br />
G. The ARC chairperson/district representative gives a copy of the IEP and the meeting<br />
summary to the parent. (See the procedures for notice of proposed/refused action and<br />
parent participation in Chapter 7, “Procedural Safeguards and State Complaint<br />
Procedures.”)<br />
ARC Decision-Making Process<br />
The ARC members try to reach consensus when developing, reviewing, or revising an IEP. ARC<br />
members reach a consensus by total agreement on an issue or by negotiating a compromise on which<br />
all members can agree. Before any decision is finalized in the IEP form, the ARC<br />
chairperson/district representative summarizes the decision and determines the level of agreement<br />
within the ARC.<br />
If the parent and district personnel cannot reach a consensus or negotiate a compromise on a<br />
component of the IEP, the ARC documents any disagreement. The ARC chairperson/district<br />
representative states the district’s position, and the ARC documents the position in the meeting<br />
summary. The ARC chairperson/district representative reminds the parent of the right of the parent<br />
and the district to resolve differences through mediation, complaint, or due-process procedures. The<br />
last agreed-upon IEP remains in effect until the disagreement is resolved. The ARC documents the<br />
continuation of the existing IEP. The ARC reconvenes at an agreed-upon time and date unless<br />
mediation or a due-process hearing is requested or unless a complaint is filed in accordance with<br />
Chapter 7, “Procedural Safeguards and State Complaint Procedures.”<br />
When mediation or a due-process hearing is initiated by either the parent or the district because of<br />
disagreement over the IEP, or when a complaint is filed, the district does not change the IEP or<br />
placement of the <strong>child</strong> unless the parent and the district agree otherwise. (See Chapter 7, “Procedural<br />
Safeguards and State Complaint Procedures.”)<br />
5: IEP 5
If any ARC member, other than the parent, disagrees with any part of the proposed IEP, the<br />
dissenting member(s) may attach to the meeting summary a written statement that gives the reasons<br />
for disagreement and the IEP is implemented as written.<br />
ARC Not Required to Meet for Minor Changes to IEP<br />
An ARC shall not have to be convened in order to make minor, non-programmatic, changes to an IEP, such as<br />
typographical errors, incorrect directory information about the student (such as, birth date, age, grade, address, or school)<br />
and other information required on the IEP that was agreed upon by the ARC but incorrectly recorded. If the LEA makes<br />
any minor, non-programmatic changes, all members of the ARC shall be given a copy of the changes and an explanation<br />
as to why the changes were made within ten (10) school days of the changes being made. If any member of the ARC<br />
objects to the changes, an ARC meeting shall be convened with a reasonable periods of time to discuss the changes.<br />
707 KAR 1:320, Section 2(2)<br />
Clerical errors made on a student’s IEP may be corrected without convening an ARC meeting.<br />
Clerical errors refer to minor errors, such as the student’s demographic information or the date of the<br />
ARC meeting.<br />
If clerical errors are noted on a student’s IEP, the changes should be documented, initialed, and<br />
dated by the ARC chairperson/district representative. A written explanation is attached to the IEP.<br />
The explanation indicates the changes and the reason for the changes. A copy of the corrected IEP<br />
and written explanation is provided to each member of the <strong>child</strong>’s ARC. Copies are also provided to<br />
any service provider who is affected by the changes.<br />
SECTION III<br />
ARC MEMBERSHIP<br />
An LEA shall ensure that the ARC for each <strong>child</strong> with a disability includes:<br />
(a) The parents of the <strong>child</strong>;<br />
(b) Not less than one (1) regular <strong>education</strong> teacher of the <strong>child</strong> (if the <strong>child</strong> is or may be participating in the regular<br />
<strong>education</strong> environment) to provide information about the general curriculum for same aged peers.<br />
(c) Not less than one (1) special <strong>education</strong> teacher of the <strong>child</strong> or a special <strong>education</strong> teacher who is knowledgeable<br />
about the <strong>child</strong>’s suspected disability or, if appropriate, at least one (1) special <strong>education</strong> provider of the <strong>child</strong>;<br />
(d) A representative of the LEA who is qualified to provide, or supervise the provision of specially designed instruction<br />
to meet the unique needs of <strong>child</strong>ren with disabilities, is knowledgeable about the general curriculum, and the<br />
availability of the resources of the LEA;<br />
(e) An individual who can interpret the instructional implications of evaluation results who may be a member of the<br />
team described in paragraphs (b) through (d) of this subsection;<br />
(f) An individual who has knowledge or special expertise regarding the <strong>child</strong> at the discretion of the parent or the LEA;<br />
(g) Related services personnel, as appropriate; and<br />
(h) The <strong>child</strong>, if appropriate. 707 KAR 1:320, Section 3(1)<br />
If the purpose of the ARC is to determine eligibility for a <strong>child</strong> suspected of having a specific learning disability, the<br />
ARC shall also include the personnel listed in 707 KAR 1:310, Section 2(1), in addition to the personnel listed in<br />
subsection (1) of this section [707 KAR 1:320, Section 3(1)]. 707 KAR 1:320, Section 3(5)<br />
6 5: IEP
If the purpose of the ARC is to discuss transition services for a <strong>child</strong> with a disability as described in Section 4(3) and (4)<br />
of this administrative regulation, the <strong>child</strong> shall be invited to the ARC. If the <strong>child</strong> does not attend the ARC meeting, the<br />
LEA shall take other steps to ensure that the <strong>child</strong>’s preferences and interests are considered. A public agency that is<br />
likely to be responsible for providing or paying for transition services shall also be invited to the extent appropriate and<br />
with the consent of the parent or the <strong>child</strong>, if the <strong>child</strong> is an emancipated adult. If the representative of the other public<br />
agency does not attend, the LEA shall take other steps to obtain participation of the other agency in the planning of any<br />
transition services.<br />
707 KAR 1:320, Section 3(4)<br />
If the purpose of the ARC meeting is to discuss transition and the youth does not attend the meeting,<br />
the ARC will take other steps to ensure that the youth’s preferences and interests are considered.<br />
If the purpose of the ARC meeting is to discuss transition from early intervention program into the preschool program,<br />
the LEA shall invite a representative of the early intervention program for the initial transition ARC meeting if parent<br />
requests. At the ARC meeting, the <strong>child</strong>’s previous Individualized Family Service Plan that was used by the early<br />
intervention program shall be considered when developing the new IEP for the <strong>child</strong>. 707 KAR<br />
1:320, Section 3(6)<br />
Dismissal of Attendance<br />
A member of the ARC team listed above may be dismissed from attendance, in whole or in part, if the parents and the<br />
LEA agree in writing prior to the ARC meeting that attendance of that member is not necessary because the member’s<br />
area of curriculum or related services is not being modified or discussed in the ARC meeting.<br />
A member of the ARC team listed above may be dismissed from attendance, in whole or in part, if the parents and the<br />
LEA agree in writing prior to the ARC meeting to waive the attendance of that member even though the member’s area<br />
of curriculum or related will be discussed or modified if:<br />
(a) The parent and the LEA consent in writing to the excusal; and<br />
(b) The member submits, in writing, to the parent and the ARC team, input into the development of the IEP prior to the<br />
meeting. 707 KAR 1:320, Section 3(2-3)<br />
It is the responsibility of the ARC chairperson/district representative to determine the membership of<br />
the ARC. At a minimum, the ARC meeting must have in attendance the parent(s) of the <strong>child</strong>; no<br />
fewer than one (1) regular <strong>education</strong> teacher; no fewer than one (1) special <strong>education</strong> teacher; the<br />
ARC chairperson/district representative; and, when appropriate, an individual who can interpret<br />
assessment information, related-service personnel, and the <strong>child</strong>.<br />
Infrequently and on a case-by-case basis, the ARC chairperson/district representative and parent may<br />
agree that one of the required members described above may be dismissed, in whole or in part, from<br />
the ARC meeting. However, if the parent and the ARC chairperson/district representative agree to<br />
dismiss a required member of the ARC from attendance or agree to dismiss the member from part of<br />
the ARC meeting, then the following conditions must be met:<br />
A. The parent and the ARC chairperson/district representative must agree prior to the<br />
meeting; and<br />
B. The decision must be documented in writing and notice must be provided to the parent<br />
under the same timelines as the meeting notification.<br />
If the ARC member is being dismissed from the entire meeting and has an area of curriculum or<br />
related service that will be discussed or modified, then the ARC requires written input from the<br />
5: IEP 7
dismissed ARC member to be included and discussed at the ARC meeting.<br />
Parents of the Child or Youth<br />
The parents participate in discussions about their <strong>child</strong>’s or youth’s need for special <strong>education</strong>,<br />
related services, and supplementary aids and services. They join with the other participants in<br />
deciding how their <strong>child</strong> or youth will be involved and progress in the regular <strong>education</strong> program<br />
curriculum and how their <strong>child</strong> or youth will participate in statewide and districtwide assessments.<br />
The concerns of parents and the information they provide regarding their <strong>child</strong> or youth must be<br />
considered in developing their <strong>child</strong>’s or youth’s IEP. See the definition of parent in Chapter 1,<br />
“Definitions.”<br />
ARC Chairperson/District Representative<br />
The principal or primary administrator at the building level is a permanent member of the ARC and<br />
is the ARC chairperson/district representative. He or she has the authority to commit personnel and<br />
fiscal resources. As instructional leader, the principal is ultimately responsible for the<br />
implementation of the ARC process in his or her school building. The principal will ensure that all<br />
district procedures are followed and that services included in the IEP are actually provided.<br />
If a designee is used, the designee is:<br />
A. Qualified to provide or supervise the provision of Exceptional Child Education (ECE)<br />
services;<br />
B. Recommended by the building principal;<br />
C. Approved by the superintendent as the district representative who has the authority to<br />
commit building personnel and financial resources and to not be vetoed; and<br />
D. Not a teacher of the <strong>child</strong> or youth.<br />
At the beginning of each school year, each building principal may appoint a designee(s) as the ARC<br />
chairperson/district representative. The principal sends the executive director of ECE a<br />
memorandum that identifies the designee(s) and specifies his or her qualifications to serve as the<br />
ARC chairperson/district representative. The executive director of ECE verifies the qualifications of<br />
the individual to serve as the ARC chairperson/district representative and submits the request to the<br />
superintendent for approval. The building principal maintains a copy of the approved ARC<br />
chairpersons/district representatives for their building. The executive director of ECE maintains a list<br />
of all approved ARC chairpersons/district representatives for the district.<br />
The ARC chairperson/district representative participates in the ARC in a number of ways including,<br />
but not limited to:<br />
A. Ensuring that due-process procedures and other procedural safeguards are followed;<br />
B. Facilitating group decision making and, if necessary, making a determination and stating<br />
the district’s position when the ARC cannot agree;<br />
C. Ensuring that all teachers and service providers have access to a copy of the IEP and that<br />
they are given information regarding their specific responsibilities in the implementation<br />
of the IEP; and<br />
8 5: IEP
D. Providing support for, and ensuring the implementation of, the ARC’s decisions and the<br />
IEP.<br />
At the beginning of each school year, the executive director of ECE identifies all nonschool-based<br />
personnel who may serve as an ARC chairperson/district representative at ARC meetings held<br />
within the district as his or her designee.<br />
Exceptional Child Education Teacher<br />
The ARC chairperson/district representative selects no fewer than one (1) ECE teacher to serve on<br />
the ARC for each <strong>child</strong> or youth depending on the purpose of the meeting. The ARC<br />
chairperson/district representative takes into consideration:<br />
A. The qualifications of the ECE teacher with respect to the <strong>child</strong>’s or youth’s known<br />
disability or suspected disability supported in the initial referral or individual evaluation;<br />
B. The ECE teacher who is currently working with the <strong>child</strong> or youth receiving special<br />
<strong>education</strong> and related services; and<br />
C. The <strong>child</strong> or youth who is moving from one <strong>education</strong>al setting to another.<br />
The ECE teacher participates in the ARC in a number of ways including:<br />
A. Assisting the ARC in determining the eligibility of the <strong>child</strong> or youth for an ECE<br />
program;<br />
B. Providing input on the IEP development, including present levels of academic<br />
achievement and functional performance, annual goals, benchmarks or short-term<br />
objectives, and the needed special <strong>education</strong> and related services; and<br />
C. Providing input on the <strong>child</strong>’s or youth’s progress and on the revision of the IEP at the<br />
annual review meeting.<br />
Regular Education Program Teacher<br />
The ARC chairperson/district representative selects no fewer than one (1) regular <strong>education</strong> program<br />
teacher to serve on the ARC committee for each <strong>child</strong> or youth depending on the purpose of the<br />
meeting. The ARC chairperson/district representative takes into consideration:<br />
A. The teacher who is currently working with the <strong>child</strong> or youth;<br />
B. The teacher who initiated the referral;<br />
C. The teacher who can assist in the development of the <strong>child</strong>’s or youth’s program; and<br />
D. The <strong>child</strong> or youth who is moving from one <strong>education</strong>al setting to another.<br />
In circumstances where instruction is provided by more than one (1) regular <strong>education</strong> program<br />
teacher, only one (1) of those teachers is required to attend the ARC meeting. The regular <strong>education</strong><br />
program teacher who serves as a member of the ARC should be the teacher who is, or may be,<br />
responsible for implementing a portion of the IEP. If the <strong>child</strong> or youth has more than one (1) regular<br />
<strong>education</strong> program teacher who is responsible for implementing a portion of the IEP, the ARC<br />
chairperson/district representative may designate which teacher or teachers will participate in the<br />
meeting, taking into account the best interest of the student. Although all the student’s teachers may<br />
5: IEP 9
not attend, they will be informed about the IEP prior to its implementation.<br />
The ARC chairperson/district representative may solicit written comments or input from teachers<br />
who work with the <strong>child</strong> or youth but whose attendance is not required at ARC meetings. If a <strong>child</strong><br />
or youth does not have a regular <strong>education</strong> program teacher, the ARC chairperson/district<br />
representative selects a regular <strong>education</strong> program teacher who is qualified to teach a <strong>child</strong> or youth<br />
of his or her age. For a <strong>child</strong> who is less than school age, the ARC selects an individual who is<br />
qualified to teach a <strong>child</strong> of his or her age.<br />
The referring teacher/regular <strong>education</strong> program teacher participates in the ARC in a number of<br />
ways including, but not limited to:<br />
A. Discussing interventions and strategies that are implemented in the regular <strong>education</strong><br />
program classroom setting to alleviate student problems;<br />
B. Assisting in the determination of positive behavioral interventions and strategies for the<br />
<strong>child</strong> or youth;<br />
C. Assisting in the determination of supplementary aids and services, program<br />
modifications, or supports for school personnel that will be provided for the <strong>child</strong> or<br />
youth; and<br />
D. Attending the ARC meeting during the development, review, and revision of the IEP;<br />
providing input on the <strong>child</strong>’s or youth’s progress; and providing input on the<br />
development of the IEP.<br />
Person Who Can Interpret Evaluation Results, Including Instructional Implications, If<br />
Appropriate<br />
The ARC chairperson/district representative arranges for a member of the multidisciplinary<br />
evaluation team — or some other knowledgeable person who can interpret the evaluation results and<br />
the instructional implications — to attend the ARC meeting if appropriate.<br />
This person:<br />
A. Provides information regarding needed areas of assessment;<br />
B. Assists in explaining evaluation procedures and results;<br />
C. Interprets the instructional implications of evaluation results; and<br />
D. Provides input into the development and implementation of the IEP.<br />
Related-Service Provider, If Appropriate<br />
If the evaluation includes a related-service component, an appropriate related service provider is<br />
invited to interpret the evaluation results including the <strong>education</strong>al implications. If a <strong>child</strong> or youth<br />
has an identified need for related services, it is appropriate for related-service provider(s) to attend<br />
the meeting or be otherwise involved in developing the IEP. Depending on the <strong>child</strong>’s or youth’s<br />
individual needs, related-service provider(s) who attend the ARC meeting or otherwise help develop<br />
the IEP may include physical or occupational therapists and speech-language pathologists. For more<br />
information, see the Related Services subsection of Section V, “Contents of the Individual Education<br />
10 5: IEP
Program.”<br />
If a <strong>child</strong>’s or youth’s evaluation indicates the need for a specific related service, the ARC<br />
chairperson/district representative ensures that a qualified provider of that service either (1) attends<br />
the ARC meeting or (2) provides a written recommendation concerning the nature, frequency, and<br />
amount of the service to be provided to the student.<br />
Student With a Disability, If Appropriate<br />
Student Younger Than Age Fourteen (14)<br />
If a student is younger than fourteen (14), ARC members consider whether it is appropriate for the<br />
youth to attend the ARC meeting.<br />
A youth must be invited to participate in the ARC meeting if a purpose of the meeting is the<br />
consideration of post-school transition services.<br />
Student in Grade Eight (8) or Age Fourteen (14) and Older<br />
A youth who is in the eighth (8th) grade or has reached fourteen (14) years of age or older must be<br />
invited to participate in the ARC meeting if a purpose of the meeting is the consideration of postschool<br />
transition services. The invitation sent to the parent will indicate that the student is invited<br />
and that a purpose of the meeting is the development of a statement for the need for transition<br />
services. The student will receive a notice of the meeting.<br />
For a youth, beginning no later than the IEP to be in effect when the youth turns sixteen (16), the<br />
invitation sent to the parent will indicate that the student is invited and will indicate that a purpose of<br />
the meeting is the consideration of postsecondary goals and needed transition services. The student<br />
will receive a notice of the meeting.<br />
If a student elects not to attend the ARC meeting where post-school transition services are discussed,<br />
the youth’s teacher takes steps to ensure that the youth’s preferences and interests are considered.<br />
This information may be gained from an interview with the youth.<br />
Student Age Eighteen (18) to Twenty-One (21)<br />
In the case of a student who is age eighteen (18) or older (has reached the age of majority), all<br />
notices are sent directly to the student. The school or the student may invite the parents as persons<br />
with knowledge about the student unless there is a court order granting guardianship of the <strong>child</strong> to<br />
someone else.<br />
Other Individuals Who Are Knowledgeable About the Child or Youth<br />
The district or the parent may invite other individuals who are knowledgeable about the <strong>child</strong> or<br />
youth. Other individuals who are knowledgeable about the <strong>child</strong> or youth:<br />
A. Participate in the ARC, upon request of the district or the parent, and share their<br />
5: IEP 11
knowledge or expertise; and<br />
B. Provide input into the development of the IEP.<br />
Officials from teachers’ organizations are not authorized to represent teachers in ARC meetings.<br />
Agency Representatives Involved in Transition Planning, If Appropriate<br />
If the purpose of the ARC is to discuss needed transition services for a youth with a disability, a<br />
public agency that is likely to be responsible for providing or paying for transition services will be<br />
invited if appropriate and if there is the consent from the parent or the youth if the youth is an<br />
emancipated adult. If the representative of the agency does not attend, the ARC chairperson/district<br />
representative will take other steps to obtain participation of the agency in the planning of any<br />
transition services. District personnel will contact the agency representative (by phone or in person)<br />
to begin planning for the youth’s services and will report appropriate information to the ARC.<br />
At each ARC meeting, beginning when the student turns 15, the ARC chairperson/district<br />
representative discusses the need for agency involvement at the next annual review. If it is<br />
determined at an ARC meeting or at any time in the future that an agency should be involved at the<br />
next annual review, then the ARC chairperson/district representative will obtain signed consent for<br />
release of information in accordance with the procedures outlined in Chapter 9, “Confidentiality of<br />
Information.”<br />
SECTION IV<br />
PARENT PARTICIPATION<br />
An LEA shall ensure that one (1) or both of the parents of a <strong>child</strong> with a disability are present at each ARC meeting or<br />
are afforded the opportunity to participate. Except for meetings concerning a disciplinary change in placement or a safety<br />
issue, an LEA shall provide written notice to the parents of a <strong>child</strong> with a disability at least seven (7) days before an ARC<br />
meeting. The meeting shall be scheduled at a mutually agreed on time and place.<br />
707 KAR 1:320, Section 4(1)<br />
A LEA shall send an ARC meeting invitation to the parents which includes:<br />
(a) The purpose;<br />
(b) Time;<br />
(c) Location of the meeting;<br />
(d) Who will be in attendance;<br />
(e) Notice that the parents may invite people with knowledge or special expertise of the <strong>child</strong> to the meeting; and<br />
(f) Notice that the LEA will invite representatives from the early intervention program to the initial meeting, if the<br />
parents request it.<br />
707 KAR 1:320, Section 4(2)<br />
Methods to Ensure Parent Participation<br />
An LEA shall ensure parent participation in the ARC meeting if the parent is unable to attend by using other methods,<br />
which may include individual or conference telephone calls or video conferencing. 707 KAR 1:320, Section 4(5)<br />
12 5: IEP
When using an interpreter or other action, as appropriate, an LEA shall take whatever action is necessary to ensure that<br />
the parents understand the proceedings at the ARC meeting, including arranging for an interpreter for parents with<br />
deafness or whose native language is other than English.<br />
707 KAR 1:320, Section 4(7)<br />
Conducting the ARC Meeting Without a Parent<br />
An ARC meeting may be conducted without a parent in attendance if the LEA is unable to convince the parent that he<br />
should attend. The LEA shall have a record of its attempts to arrange a mutually agreed on time and place, which may<br />
include:<br />
(a) Detailed records of telephone calls made or attempted and the results of those calls;<br />
(b) Copies of correspondence sent to the parents and any responses received; and<br />
(c) Detailed records of visits to the parent’s home or place of employment and the results of those visits.<br />
707 KAR 1:320, Section 4(6)<br />
If the ARC chairperson/district representative takes steps to ensure that one or both of the parents of<br />
the <strong>child</strong> or youth is present for each ARC meeting concerning their <strong>child</strong> or youth. If the ARC<br />
chairperson/district representative is unable to convince the parent that he or she should attend, the<br />
meeting can be conducted without the parent in attendance, as long as the ARC chairperson/district<br />
representative maintains records of the attempts to arrange a mutually agreed upon date, time, and<br />
location. See Section 1, “Notice – Parent Participation in Meetings” of Chapter 7.<br />
Detailed records will be kept by the person attempting the contacts and will include the date, time,<br />
and his or her name. These records, copies of any correspondence sent to the parent, and any<br />
response received will be filed in the <strong>child</strong>’s or youth’s special <strong>education</strong> record.<br />
An LEA shall give the parent a copy of the <strong>child</strong>’s IEP at no cost to the parent. 707 KAR 1:320, Section 4(8)<br />
The ARC chairperson/district representative will give the parent a copy of the <strong>child</strong>’s or youth’s IEP<br />
at the conclusion of the ARC meeting. If the parent does not attend, the ARC chairperson/district<br />
representative mails a copy of the IEP and the notice of proposed or refused action (meeting<br />
summary) within two (2) school days after the meeting.<br />
Changing the IEP When Parents Do Not Attend an ARC Meeting<br />
If the parents fail to respond to attempts by the school to obtain their participation and the ARC<br />
meeting must be conducted without the parents’ participation, it may become necessary during the<br />
meeting for the ARC to consider making changes to the <strong>child</strong>’s or youth’s IEP without the parents’<br />
participation.<br />
In order for any change in the special <strong>education</strong> or related services of an IEP to occur, the school<br />
must hold an ARC meeting. Following the meeting, the school must provide the parents a prior<br />
written notice of the proposed or refused action before any change is implemented. This notice, the<br />
meeting summary, and the proposed IEP are mailed to the parent within two (2) school days after the<br />
ARC meeting. The changes proposed in the IEP do not occur until at least five (5) school days after<br />
the notice was mailed. Proposed changes will not be implemented until this seven (7) school day<br />
timeline has passed.<br />
5: IEP 13
SECTION V<br />
CONTENTS OF INDIVIDUAL EDUCATION PROGRAM<br />
ARC Considerations in IEP Development<br />
An ARC shall consider in the development of an IEP:<br />
(a) the strengths of the <strong>child</strong> and the concerns of the parents for enhancing the <strong>education</strong> of their <strong>child</strong>:<br />
(b) The results of the initial or most recent evaluation of the <strong>child</strong>;<br />
(c) As appropriate, the results of the <strong>child</strong>’s performance on any general state or district wide assessments programs;<br />
and<br />
(d) The academic, developmental, and functional needs of the <strong>child</strong>.<br />
707 KAR 1:320, Section 5(1)<br />
The ARC shall:<br />
(a) In the case of a <strong>child</strong> whose behavior impedes his or her learning or that of others, consider, if appropriate,<br />
strategies, including positive behavioral interventions, strategies, and supports to address that behavior;<br />
(b) In the case of a <strong>child</strong> with limited English proficiency, consider the language needs of the <strong>child</strong> as those needs relate<br />
to the <strong>child</strong>’s IEP;<br />
(c) In the case of the <strong>child</strong> who is blind or visually impaired, provide for instruction in Braille and the use of Braille,<br />
unless the ARC determines, after an evaluation of the <strong>child</strong>’s reading and writing skills, needs, and appropriate<br />
reading and writing media (including an evaluation of the <strong>child</strong>’s future needs for instruction in Braille or the use of<br />
Braille), that instruction in Braille or the use of Braille is not appropriate for the <strong>child</strong>;<br />
(d) Consider the communication needs of the <strong>child</strong>;<br />
(e) In the case of a <strong>child</strong> who is deaf or hard of hearing, consider the <strong>child</strong>’s language and communication needs,<br />
opportunities for direct communications with peers and professional personnel in the <strong>child</strong>’s language and<br />
communication mode, academic level, and full range of needs, including opportunities for direct instruction in the<br />
<strong>child</strong>’s language and communication mode; and<br />
(f) Consider whether the <strong>child</strong> requires assistive technology.<br />
All the factors listed in this section [Section 5] shall be considered, as appropriate, in the review, and if necessary,<br />
revision of a <strong>child</strong>’s IEP.<br />
Once the ARC has considered all the factors listed in this section [Section 5] the ARC shall include a statement on the<br />
IEP indicating the needs for a particular device or service (including an intervention, accommodation, or other program<br />
modification), if any are needed, in order for the <strong>child</strong> to receive a free appropriate public <strong>education</strong> (FAPE).<br />
707 KAR 1:320, Section 5(2-4)<br />
A regular <strong>education</strong> teacher of the <strong>child</strong>, as a member of the ARC, shall, to the extent appropriate, participate in the<br />
development, review, and revision of the <strong>child</strong>’s IEP, including assisting in the determination of appropriate:<br />
(a) Positive behavioral interventions and strategies for the <strong>child</strong>;<br />
(b) Supplementary aids and services; and<br />
(c) Program modifications or supports for school personnel that will be provided for the <strong>child</strong>.<br />
707 KAR 1:320, Section 5(5)<br />
An ARC shall not be required to include information under one (1) component of a <strong>child</strong>’s IEP that is already contained<br />
under another component of the <strong>child</strong>’s IEP. 707 KAR 1:320, Section 5(6)<br />
14 5: IEP
Present Levels of Academic Achievement and Functional Performance<br />
The IEP for each <strong>child</strong> shall include: (a) a statement of the <strong>child</strong>’s present levels of academic achievement and functional<br />
performance, including how the <strong>child</strong>’s disability affects the <strong>child</strong>’s involvement and progress in the general curriculum<br />
as provided in the Kentucky Program of Studies, 704 KAR 3:303, or for preschool <strong>child</strong>ren, as appropriate, how the<br />
disability affects the <strong>child</strong>’s participation in appropriate activities;<br />
707 KAR 1:320, Section 5(7)(a)<br />
Present levels of academic achievement and functional performance are the foundation of the IEP<br />
and must adequately describe the needs of the <strong>child</strong> or youth. The present levels are written based on<br />
instructional and assessment information that has been gathered and analyzed.<br />
When writing about a <strong>child</strong>’s or youth’s present levels of academic achievement and functional<br />
performance, a descriptive statement should be used. This statement should be written in<br />
measurable, objective terms; should describe the current level of developmental, <strong>education</strong>al, and<br />
behavioral performance; and should be based on:<br />
A. Multidisciplinary evaluation results;<br />
B. Formal and informal evaluation data; and/or<br />
C. Ongoing progress data.<br />
There should be a direct relationship among the IEP components that begins with the present levels<br />
of academic achievement and functional performance. The needs identified become the basis for<br />
development of the annual goals.<br />
The ARC describes the <strong>child</strong>’s performance in the following areas: general intelligence;<br />
communication; academics; motor skills, health, vision, and hearing; social and emotional status;<br />
and transition. The ARC describes the performance by:<br />
A. Using student performance data, evaluation information, and progress data;<br />
B. Reviewing curriculum documents to determine the <strong>child</strong>’s performance within the regular<br />
<strong>education</strong> curriculum;<br />
C. Indicating the areas in which the student is performing at a level that is commensurate<br />
with peers;<br />
D. Determining how the <strong>child</strong>’s disability affects involvement and progress in the Kentucky<br />
Program of Studies; and<br />
E. Determining the <strong>child</strong>’s unique needs in order to prepare him or her for further <strong>education</strong>,<br />
employment, and independent living.<br />
Developing Measurable Academic and Functional Annual Goals<br />
The IEP for each <strong>child</strong> shall include:<br />
(b) a statement of measurable annual goals, including academic and functional goals, designed to:<br />
1. Meet the <strong>child</strong>’s needs that result from the disability to enable the <strong>child</strong> to be involved in and progress in the general<br />
curriculum as provided in the Kentucky Program of Studies, 704 KAR 3:303, or for preschool <strong>child</strong>ren, as<br />
appropriate, to participate in appropriate activities, and<br />
2. Meet the <strong>child</strong>’s other <strong>education</strong>al needs that result from the disability. 707 KAR 1:320, Section 5(7)(b)<br />
Annual goals:<br />
5: IEP 15
A. Relate directly to the identified needs described in the present levels of <strong>education</strong>al and<br />
functional performance;<br />
B. Relate to meeting the <strong>child</strong>’s or youth’s needs in order to enable him or her to be<br />
involved in and progress in the regular <strong>education</strong> curriculum;<br />
C. Are written with high expectations for student success;<br />
D. Are measurable, are meaningful, and can be monitored though objective data collection;<br />
E. Are useful in making <strong>education</strong>al decisions; and<br />
F. Include statements of anticipated results to be achieved in a year.<br />
The ARC members review and discuss all of the identified needs of the <strong>child</strong> or youth and decide<br />
which are priority needs to be addressed through the IEP. When prioritizing student needs, the ARC<br />
should determine what skills and/or content knowledge are the most important for the <strong>child</strong> or youth<br />
to acquire in the next twelve (12) months. The ARC members select priority needs by considering<br />
the following factors:<br />
A. Primary concerns noted on the initial referral;<br />
B. The <strong>child</strong>’s or youth’s strengths and interests;<br />
C. The <strong>child</strong>’s or youth’s progress in the Kentucky Program of Studies;<br />
D. Behaviors that appear most modifiable; and<br />
E. Parent, teacher, and student concerns.<br />
Based on priority needs, the ARC members compose measurable annual goal statements. The<br />
number of goals depends on the <strong>child</strong>’s or youth’s needs. Prerequisite skills, immediate needs, and<br />
general applicability are all factors to consider when establishing priority needs.<br />
Benchmarks or Short-Term Objectives<br />
A LEA’s procedures may determine the use of benchmarks or short-term objectives for a <strong>child</strong>’s IEP.<br />
707 KAR 1:320, Section 5(7)(c)<br />
Benchmarks are part of the student’s IEP. These benchmarks are major milestones outlining specific<br />
skills that lead toward the achievement of the measurable annual goal.<br />
Benchmarks are selected for each measurable annual goal. These components outline the key<br />
curriculum skill areas in which specially designed instruction will be provided in order for the <strong>child</strong><br />
or youth to make progress toward the measurable annual goal. Benchmarks are aligned with gradelevel<br />
content expectations, which may need to be modified based on the individual needs of the<br />
student. Additionally, the benchmarks guide the development and modification, as necessary, of<br />
strategies that will be most effective in realizing the measurable annual goal.<br />
Short-term objectives may be used in place of benchmarks when the ARC determines that the use of<br />
short-term objectives would better facilitate the implementation of the measurable annual goals.<br />
Short-term objectives differ from benchmarks in that they:<br />
A. Are intermediate steps;<br />
B. Break the annual goals into discrete components; and<br />
16 5: IEP
C. Include specific statements with conditions, behaviors, and criteria.<br />
Measuring Student Progress<br />
An IEP includes how a <strong>child</strong>’s or youth’s progress toward annual goals will be measured. The ARC<br />
should first consider methods used by regular <strong>education</strong> program teachers in assessing similar-age<br />
and similar-grade students within the regular <strong>education</strong> curriculum. A variety of methods may be<br />
used in measuring progress. The ARC also considers typical structures that exist within the<br />
classroom including, but not limited to, teacher-made tests/checklists, formative and summative<br />
assessments, teacher observations, running records, and error analysis.<br />
Measuring student progress toward annual goals should be done regularly and should not be<br />
based solely on outcome data, such as grades. Data should be collected and analyzed on an<br />
ongoing basis and should be used to change instruction if necessary. There must be evidence or<br />
documentation to support the data, and progress must be reported to parents and to the ARC.<br />
Specially Designed Instruction, Supplementary Aids and Services, Program Modifications, and<br />
Supports for School Personnel<br />
An IEP shall include a statement of the specially designed instruction and related services and supplementary aids and<br />
services based on Peer-reviewed research to the extent practicable to be provided to the <strong>child</strong>, or on behalf of the <strong>child</strong>.<br />
There shall also be a statement of the program modifications and supports for school personnel that will be provided for<br />
the <strong>child</strong> to:<br />
(a) Advance appropriately toward attaining the annual goals;<br />
(b) Be involved and make progress in the general curriculum;<br />
(c) Participate in extracurricular and other nonacademic activities; and<br />
(d) Be educated and participate with other <strong>child</strong>ren with and without disabilities. 707 KAR 1:320, Section 5(8)<br />
Specially Designed Instruction<br />
The specially designed instruction (SDI) component of the IEP describes the types of specific<br />
instructional services that are needed by the <strong>child</strong> or youth in order for him or her to accomplish IEP<br />
goals and access the regular <strong>education</strong> curriculum. SDI may be supportive, corrective,<br />
developmental, or therapeutic in nature. These services, which directly relate to the annual goals,<br />
include alterations, modifications, and adaptations in instructional methods, content, materials,<br />
techniques, media, the physical setting, and the environment.<br />
SDI includes services not ordinarily provided for most of the <strong>child</strong>ren or youth of a given age or<br />
grade level. SDI describes services that are needed in order for a <strong>child</strong> or youth with an <strong>education</strong>al<br />
disability to learn. In some cases, SDI is needed for all instructional areas. In other cases, SDI is<br />
content-specific. Categorical classrooms or program plans are not a substitute for a description of the<br />
services needed. SDI does not describe the place where the services will be provided.<br />
Specially designed instruction:<br />
A. Includes services that support achievement of specified goals;<br />
B. Describes what changes will be made to the current instructional program or services for<br />
the <strong>child</strong> or youth; and<br />
5: IEP 17
C. Is based on peer-reviewed research to the extent practical.<br />
The ARC members use generic terms to describe decisions and do not use commercial programs or<br />
name brands in the description.<br />
Supplementary Aids and Services, Program Modifications, and Supports for School Personnel<br />
The phrase “supplementary aids and services” means aids, services, and other supports that are<br />
provided in regular <strong>education</strong> program classes or other <strong>education</strong>-related settings in order to enable a<br />
<strong>child</strong> or youth with disabilities to be educated with nondisabled <strong>child</strong>ren and youth to the maximum<br />
extent appropriate. The ARC must consider what aids, services, and other supports might be<br />
effective in ensuring that a <strong>child</strong> or youth with disabilities can be educated in regular <strong>education</strong><br />
program classes.<br />
Program modifications and supports for school personnel include services that are provided to the<br />
teachers of a <strong>child</strong> or youth with a disability to help them more effectively work with the <strong>child</strong> or<br />
youth (e.g., staff training).<br />
Related Services<br />
Related services are those transportation and developmental, supportive, or corrective services that<br />
are required for a <strong>child</strong> or youth with a disability in order for him or her to benefit from special<br />
<strong>education</strong>.<br />
Related services:<br />
A. Relate directly to the specially designed instruction that the <strong>child</strong> or youth needs in order<br />
to achieve IEP benchmarks or short-term objectives and directly affect acquisition of<br />
essential skills or information;<br />
B. Are required (necessary) for the <strong>child</strong> or youth to benefit from special <strong>education</strong>;<br />
C. Are described by the type of each service; and<br />
D. Are not needed solely for aesthetic or medical reasons.<br />
Participation in Statewide or Districtwide Assessments/Alternate Assessments<br />
An IEP shall contain a statement of any individual accommodations to be provided the <strong>child</strong> in order to participate in the<br />
state or districtwide assessment. These accommodations shall be based on the requirements contained in 703 KAR 5:070,<br />
Inclusion of special populations in the state-required assessment and the accountability programs.<br />
707 KAR 1:320, Section 5(10)<br />
Instructional accommodations or related services that are identified in the IEP are implemented if<br />
needed in order for the <strong>child</strong> or youth to participate in statewide assessments or any other group<br />
assessments administered to all students in a classroom. The ARC will determine appropriate testing<br />
accommodations for a <strong>child</strong> or youth based on multidisciplinary evaluation results, present levels of<br />
academic achievement and functional performance, annual goals, benchmarks or short-term<br />
objectives, and SDI included in the <strong>child</strong>’s or youth’s IEP. Any testing accommodations must be<br />
used consistently as part of routine instruction and classroom assessment and must also meet all<br />
18 5: IEP
equirements contained in 703 KAR 5:070, “Procedures for the Inclusion of Special Populations in<br />
State-Required Assessment and Accountability Programs.” Accommodations will not<br />
inappropriately affect the content being measured.<br />
If the ARC determines that the <strong>child</strong> or youth meets the criteria for participation in the Kentucky<br />
Alternate Assessment Program, as provided in 707 KAR 5:070, it will complete the Eligibility for<br />
Alternate Assessment Program Form to document its decision.<br />
Participation in Least Restrictive Environment<br />
An IEP shall contain an explanation of the extent, if any, to which the <strong>child</strong> will not participate with nondisabled <strong>child</strong>ren<br />
in regular classes. 707 KAR 1:320, Section 5(9)<br />
Each ARC provides evidence that placements in special <strong>education</strong> classes, a separate school, or other<br />
removal of <strong>child</strong>ren and youth with disabilities from the regular <strong>education</strong> program environment<br />
occur only when the nature or severity of the disability is such that <strong>education</strong> in the regular<br />
<strong>education</strong> program class with the use of supplementary aids and services cannot be achieved<br />
satisfactorily.<br />
In selecting service locations, the ARC identifies any potentially harmful effects of the placement on<br />
the <strong>child</strong> or youth or on the quality of services required. The ARC specifies in writing the<br />
modifications to be made to compensate for any identified harmful effect. (See Chapter 6,<br />
“Placement Decisions” for additional information.)<br />
Based on discussion of least restrictive environment, the ARC outlines the curricular areas in which<br />
the <strong>child</strong> or youth will participate in the ECE program. The ARC will determine if the <strong>child</strong> or youth<br />
will participate in regular <strong>education</strong> physical <strong>education</strong> (PE), with or without modifications, or in<br />
specially designed PE.<br />
Specifying Projected Dates for Initiation, Duration, Location, and Frequency of Services and<br />
Modifications<br />
An IEP shall include the projected date of the beginning of the services and modifications listed on the IEP and the<br />
anticipated frequency, location (whether regular or special <strong>education</strong>), and duration of the services and modifications.<br />
707 KAR 1:320, Section 5(12)<br />
The ARC identifies and lists in the IEP the type of services, including related services, that are<br />
required to implement the IEP. For each service, the ARC indicates:<br />
A. The projected date for beginning the service;<br />
B. How long the service will be provided (duration);<br />
C. The anticipated frequency that the <strong>child</strong> or youth will receive the service;<br />
D. The location of the service (e.g., regular <strong>education</strong> program classroom, ECE classroom).<br />
5: IEP 19
Setting Beginning and Ending Dates<br />
The ARC must make an individual determination regarding when special <strong>education</strong> and related<br />
services will begin and end for each <strong>child</strong> or youth. Decisions regarding this determination for<br />
special <strong>education</strong> and related services are not to be based on the convenience of school staff and/or<br />
administration but on the individual needs of each <strong>child</strong> or youth.<br />
The projected dates for beginning and ending services and modifications, as well as the anticipated<br />
frequency, location (e.g., regular <strong>education</strong> program classroom, ECE classroom), and duration of the<br />
services and modifications, are listed in the IEP. The initiation date for at least one service falls<br />
within the district timeline for identification, evaluation, and placement.<br />
Amount of Time<br />
The amount of time that services are to be provided must be stated in the IEP so that the level of<br />
service is clear to all ARC members.<br />
Location of Service<br />
The location of services in the context of an IEP refers to the type of environment (whether regular<br />
or special <strong>education</strong>) that is appropriate for the provision of a service.<br />
Monitoring of Progress and Reporting to Parents<br />
An IEP shall include a statement of:<br />
(a) How the <strong>child</strong>’s progress toward meeting the annual goals will be measured; and<br />
(b) When periodic reports on the progress the <strong>child</strong> is making toward meeting the annual goals, (which may include the<br />
use of quarterly or other periodic reports concurrent with the issue of report cards) will be provided<br />
707 KAR 1:320, Section 5(13)<br />
The teacher(s) collect, maintain, and analyze data to determine if the <strong>child</strong> or youth is making<br />
expected progress toward the IEP goals. Progress is reported to parents on the same Report Card<br />
schedule as specified by the district for all students.<br />
At least annually, the ARC members review ongoing progress data to determine whether the <strong>child</strong> or<br />
youth meets criteria for extended school year services (ESY). (See Chapter 2, “Free Appropriate<br />
<strong>Public</strong> Education”, for more information on ESY services.)<br />
SECTION VI<br />
TRANSITION SERVICES<br />
Preschool Transition<br />
For preschool age <strong>child</strong>ren with disabilities, a LEA must ensure a smooth and effective transition from the early<br />
intervention program to preschool.<br />
707 KAR 1:300, Section 1(2)<br />
20 5: IEP
Each LEA shall participate in transition planning conferences for <strong>child</strong>ren with disabilities served by early intervention<br />
programs.<br />
707 KAR 1:300, Section 1(3)<br />
See the subsection titled “Early Intervention Transition Planning” in Chapter 3 for procedures<br />
related to preschool transition.<br />
Post-School Transition<br />
“Transition services” means a coordinated set of activities for a <strong>child</strong> with a disability that:<br />
(a) Is designed to be within a results-oriented process, that is focused on improving the academic and functional<br />
achievement of the <strong>child</strong> with a disability to facilitate the <strong>child</strong>’s movement from school to post-school activities<br />
including postsecondary <strong>education</strong>, vocational training, integrated employment (including supported employment),<br />
continuing and adult <strong>education</strong>, adult services, independent living, or community participation;<br />
(b) Is based on the individual student’s needs, taking into account the <strong>child</strong>’s strengths, preferences and interests; and<br />
(c) Includes:<br />
1. Instruction;<br />
2. Related services;<br />
3. Community experiences;<br />
4. The development of employment and other post-school adult living objectives; and<br />
5. If appropriate, acquisition of daily living skills and functional vocational evaluation.<br />
707 KAR 1:002, Section 1(62)<br />
Transition services for <strong>child</strong>ren with disabilities may be special <strong>education</strong>, if provided as specially designed instruction<br />
or related services, and if required to assist a <strong>child</strong> with a disability to benefit from special <strong>education</strong>.<br />
707 KAR 1:320, Section 7(3)<br />
Student in Grade Eight (8) or Age Fourteen (14) or Earlier, If Appropriate<br />
In the <strong>child</strong>’s eighth grade year or when the <strong>child</strong> has reached the age of fourteen (14) years and in alignment with the<br />
<strong>child</strong>’s Individual Learning Plan (as required by 704 KAR 3:305), or earlier if determined appropriate by the ARC, the<br />
IEP for a <strong>child</strong> with a disability shall include a statement of the transition service needs of the <strong>child</strong> under the applicable<br />
components of the <strong>child</strong>’s IEP that focus on the <strong>child</strong>’s course of study. This statement shall be updated annually.<br />
707 KAR 1:320, Section 7(1)<br />
The consideration of transition service needs must begin no later than grade eight (8) or age fourteen<br />
(14) years. The purpose of this requirement is to focus attention on how the youth’s <strong>education</strong>al<br />
program can be planned to help him or her make a successful transition to life after secondary<br />
school. The ARC annually reviews, and revises as needed, the statement of transition service needs<br />
in the present levels of academic achievement and functional performance. The focus is typically on<br />
instruction beginning at ages fourteen (14) and fifteen (15). At age sixteen (16), the focus expands to<br />
include needs as they relate to progress toward postsecondary goals.<br />
The statement of transition service needs should relate directly to the youth’s goals beyond<br />
secondary <strong>education</strong> and should show how planned studies are linked to these goals.<br />
In determining appropriate, measurable annual goals and services for a student, the ARC must<br />
determine what instruction and <strong>education</strong>al experiences will assist the student in preparing for<br />
transition from secondary <strong>education</strong> to postsecondary life.<br />
5: IEP 21
Student Age Sixteen (16) or Younger, If Appropriate<br />
By the <strong>child</strong>’s sixteenth birthday, the IEP shall include:<br />
(a) Appropriate measureable postsecondary goals based upon age appropriate transition assessments, related to training,<br />
<strong>education</strong>, employment, and, where appropriate, independent living skills; and<br />
(b) The transition services (including the course of study) needed to assist the <strong>child</strong> in reaching these goals.<br />
707 KAR 1:320, Section 7(2)<br />
Transition services for <strong>child</strong>ren with disabilities may be special <strong>education</strong>, if provided as specially designed instruction<br />
or related services, and if required to assist a <strong>child</strong> with a disability to benefit from special <strong>education</strong>.<br />
707 KAR 1:320, Section 7(3)<br />
Postsecondary goals are those goals that a youth hopes to achieve after leaving high school. Based<br />
on assessment information, the ARC develops and documents in the IEP measurable postsecondary<br />
goals for employment, <strong>education</strong>/training, and (as needed) independent living.<br />
The ARC uses transition assessment information from the youth’s ILP to begin the discussion of<br />
transition needs. In reviewing the ILP, the ARC determines if the student is scheduled to complete<br />
high school within four (4) years. The ARC also reviews information from other transition<br />
assessments, which may include observations, task analyses, surveys, interviews, interest<br />
inventories, self-determination assessments, and career aptitude assessments.<br />
Based on these goals, the ARC determines what, if any, transition services are needed in the areas of<br />
instruction, community experiences, employment and other post-school adult-living objectives, the<br />
acquisition of daily living skills, and functional vocational evaluation. The ARC also determines if<br />
the youth needs a related service to facilitate movement from school to post-school activities.<br />
Transition planning at this level requires a broader focus on coordination of services and linkages<br />
between agencies beyond the district. The ARC determines if the youth needs assistance from other<br />
service agencies to make a transition to post-school activities. To the extent appropriate and with the<br />
consent of the parent, the ARC chairperson/district representative invites potential service providers<br />
(e.g., Kentucky Office of Vocational Rehabilitation, Kentucky Office for the Blind) to be members<br />
of the ARC.<br />
If an agency, other than the LEA, (or state agency responsible for developing the <strong>child</strong>’s IEP) fails to provide the<br />
transition services described in the IEP, the LEA (or the state agency responsible for developing the <strong>child</strong>’s IEP) shall<br />
reconvene the ARC to identify alternative strategies to meet the <strong>child</strong>’s transition objectives set out in the IEP.<br />
A participating agency shall not be relieved of the responsibility under IDEA § to provide or pay for any transition service<br />
that the agency would otherwise provide to <strong>child</strong>ren with disabilities who meet the eligibility criteria of the agency.<br />
707 KAR 1:320, Section 7(4-5)<br />
Alternative strategies might include the identification of another funding source, referral to another<br />
agency, the public agency’s identification of other districtwide or community resources that it can<br />
use to appropriately meet the <strong>child</strong>’s or youth’s identified needs, or a combination of these strategies.<br />
§ Individuals with Disabilities Education Act (IDEA)<br />
22 5: IEP
Student Age Sixteen (16) Through Eighteen (18)<br />
At least one (1) year prior to the <strong>child</strong> reaching the age of majority, the IEP shall include a statement that the <strong>child</strong> has<br />
been informed of the <strong>child</strong>’s rights under 707 KAR Chapter 1, and that the rights will transfer to the <strong>child</strong> upon reaching<br />
the age of majority. 707 KAR 1:320, Section 5(14)<br />
In the state of Kentucky, the age of majority is age eighteen (18). During the Annual Review<br />
meeting when the student is age seventeen (17), the ARC chairperson/district representative will<br />
notify the youth that his or her rights under these regulations will transfer to him or her at age<br />
eighteen (18). This notification will be documented in the IEP.<br />
For further information on this topic, see the “Emancipation” subsection of Section VI,<br />
“Representation of Children and Youth” of Chapter 7, “Procedural Safeguards and State Complaint<br />
Procedures.<br />
SECTION VII<br />
SERVICES FOR TRANSFER STUDENTS<br />
If a <strong>child</strong> with a disability transfers between LEAs within the same academic year within Kentucky, and had an IEP in<br />
effect in Kentucky, the <strong>child</strong> shall be provided a free, appropriate public <strong>education</strong> by the receiving LEA including<br />
services comparable to those described in the previous IEP. These services shall be provided in consultation with the<br />
parents and until the receiving LEA adopts the previous IEP or develops, adopts, and implements a new IEP.<br />
If the <strong>child</strong> with a disability transfers from an LEA outside Kentucky to an LEA within Kentucky within the same<br />
academic year, and had an IEP in effect in the other state, the <strong>child</strong> shall be provided a free, appropriate public <strong>education</strong><br />
by the receiving LEA including services comparable to those described in the previous IEP. These services shall be<br />
provided in consultation with the parents and until the LEA conducts an evaluation, if determined necessary, and<br />
develops, adopts, and implements a new IEP if the <strong>child</strong> is a <strong>child</strong> with a disability as defined in 707 KAR 1:002, Section<br />
1(9).<br />
To facilitate the transition of a <strong>child</strong> who transfers, the receiving LEA shall take reasonable steps to obtain the <strong>child</strong>’s<br />
records, including the IEP, supporting documents, and any other records, including discipline records, relating to the<br />
provision of special <strong>education</strong> and related services. The previous LEA shall take reasonable steps to promptly respond to<br />
such requests from the receiving LEA. 707 KAR 1:320, Section 6(1-3)<br />
Provision of FAPE for a Transfer Student within Kentucky<br />
The district makes special <strong>education</strong> and related services available for <strong>child</strong>ren and youth with<br />
disabilities who transfer into the district from another LEA within the commonwealth of Kentucky<br />
and who were receiving special <strong>education</strong> and related services according to an IEP at the time of<br />
transfer.<br />
When a <strong>child</strong> with a disability enrolls in a district school, the ARC chairperson/district representative<br />
or coordinator of ECE Placement/designee contacts the previous school within two (2) school days<br />
of the <strong>child</strong>’s or youth’s enrollment, and a request is made for the following special <strong>education</strong><br />
records to immediately be sent to the school:<br />
A. The current IEP, including all progress monitoring data and progress reports to parents;<br />
B. The meeting summary that pertains to the current IEP;<br />
5: IEP 23
C. The parental consent for evaluation and parental consent for special <strong>education</strong> and related<br />
services;<br />
D. The initial evaluation and the most recent reevaluation;<br />
E. The current eligibility form; and<br />
F. Disciplinary records, if applicable.<br />
If the current IEP is presented at the time of enrollment, the building principal/designee or the<br />
coordinator of ECE Placement/designee, in consultation with the parent, arranges for the same<br />
services and placement alternative for the transferred <strong>child</strong> or youth as those provided by the<br />
previous service provider. If a copy of the current IEP is not provided at the time of enrollment, the<br />
building principal/designee or the coordinator of ECE Placement/designee follows the procedures<br />
for temporary placement.<br />
Upon implementation of the IEP and collection of ongoing progress data, if any member of the ARC<br />
or any implementer of the IEP believes the that IEP is not appropriate to meet the individual needs of<br />
the <strong>child</strong> or youth, then that individual submits a request to the ARC chairperson/district<br />
representative to convene the ARC meeting to review the IEP.<br />
The ARC chairperson sends written notification of an ARC meeting according to Chapter 7,<br />
“Procedural Safeguards and State Complaint Procedures.” The ARC reviews the IEP to evaluate its<br />
effectiveness and appropriateness of and to determine appropriate placement.<br />
The ARC proceeds with the annual review and revision of the IEP, determination of placement on an<br />
annual basis, and three-year reevaluation according to the dates established in the <strong>education</strong> records.<br />
If all required documentation is not received from the previous Kentucky LEA, the district proceeds<br />
with a reevaluation in accordance with Chapter 3, “Child Find, Evaluation, and Reevaluation”. The<br />
appropriate consents for evaluation and services will be obtained in accordance with Chapter 7,<br />
“Procedural Safeguards and State Complaint Procedures..<br />
Temporary Placement<br />
The district makes placement for temporary services available for a maximum of thirty (30) school<br />
days for <strong>child</strong>ren and youth with disabilities who transfer to the district and were receiving special<br />
<strong>education</strong> and related services at the time of transfer. The district makes this placement if:<br />
A. The <strong>child</strong> or youth transfers from another state or the <strong>child</strong> or youth transfers from<br />
another LEA in the commonwealth of Kentucky and a copy of the current IEP is not<br />
available at the time of enrollment;<br />
B. The parent reports that the <strong>child</strong> or youth has a disability and makes a written request for<br />
continuation of the special <strong>education</strong> and related services previously provided; and<br />
C. The building principal/designee documents that the school from which the <strong>child</strong> or youth<br />
transferred provided special <strong>education</strong> and related services up to the time of transfer.<br />
Documentation may include:<br />
1. A copy of the current IEP (e.g., facsimile copy of the IEP) and a description of<br />
placement in the least restrictive environment; or<br />
24 5: IEP
2. Written correspondence from or written documentation of verbal communication<br />
with the previous service provider describing:<br />
a. The IEP goals and benchmarks or short-term objectives, if applicable;<br />
b. The special <strong>education</strong> and related services;<br />
c. The placement in the least restrictive environment; and<br />
d. The last eligibility decision and date of the decision.<br />
Note: Facsimile copies are subject to confidentiality requirements in the procedures in Chapter<br />
8, “Confidentiality of Information.”<br />
The building principal/designee or the coordinator of ECE Placement/designee, in consultation with<br />
the parent, arranges for the same services and placement alternative for the transferred <strong>child</strong> or youth<br />
as those provided by the previous service provider. Education records of the <strong>child</strong> or youth are<br />
requested from the previous provider in accordance with procedures in Chapter 9, “Confidentiality<br />
of Information.”<br />
The ARC at the school in which the <strong>child</strong> or youth is enrolled assumes responsibility for <strong>education</strong>al<br />
services. The ARC convenes as soon as possible but no more than thirty (30) school days after the<br />
<strong>child</strong> or youth begins receiving special <strong>education</strong> and related services on a temporary basis.<br />
The ARC chairperson/district representative or coordinator of ECE Placement/designee contacts the<br />
previous school within two (2) school days of the <strong>child</strong>’s or youth’s enrollment, and a request is<br />
made for the following special <strong>education</strong> records to immediately be sent to the school:<br />
A. A copy of the current IEP, including all progress monitoring data and progress reports to<br />
parents;<br />
B. A copy of the meting summary that pertains to the current IEP;<br />
C. Copies of the parental consent for evaluation and the parental consent for special<br />
<strong>education</strong> and related services;<br />
D. Copies of the initial evaluation and the most recent reevaluation;<br />
E. A copy of the current eligibility form; and<br />
F. Disciplinary records, if applicable.<br />
If this information is received, the IEP is implemented and an ARC meeting will be scheduled to<br />
determine eligibility for continued services.<br />
Upon receipt of the <strong>education</strong> records of the <strong>child</strong> or youth, the ARC convenes to review evaluation<br />
information, review eligibility, review the IEP, and determine placement. The ARC<br />
chairperson/district representative sends written notification of an ARC meeting.<br />
If the requested information is not received in twenty (20) school days from the date of enrollment,<br />
an ARC meeting will be scheduled in order to schedule an evaluation to determine eligibility for<br />
services, and to develop a temporary IEP. This IEP will be developed using the IEP from the<br />
previous school, information from the parent, information from teachers who have worked with the<br />
<strong>child</strong> or youth in the present school setting, and any other information deemed appropriate by the<br />
ARC. The IEP developed at this meeting will be valid only until an ARC meeting can be scheduled,<br />
5: IEP 25
within the timelines for reevaluation, to determine eligibility for services.<br />
If documentation of previous services is not available, the building principal or director of Pupil<br />
Personnel enrolls the <strong>child</strong> or youth and places him or her in an age-appropriate Comprehensive<br />
Program according to the district standard procedures for transfer students.<br />
Students who Transfer During the Evaluation Process<br />
If a <strong>child</strong> or youth transfers to the district during the initial evaluation process, the<br />
chairperson/district representative contacts the lead psychologist. See Section II, “Admissions and<br />
Release Committee Meetings,” in this chapter for further information.<br />
SECTION VIII<br />
INDIVIDUAL EDUCATION PROGRAM ACCOUNTABILITY<br />
Good-Faith Efforts<br />
An LEA shall provide special designed instruction and related services to each <strong>child</strong> with a disability in accordance with<br />
his IEP and shall make a good faith effort to assist the <strong>child</strong> to achieve the goals and objectives or benchmarks in the<br />
IEP.<br />
707 KAR 1:320, Section 9(1)<br />
The district, the individual schools, and teachers have continuing obligations to make good-faith<br />
efforts to assist the <strong>child</strong> or youth in achieving the goals and objectives or benchmarks listed in the<br />
IEP, including those related to transition services. In addition, teachers and other personnel who<br />
carry out portions of the <strong>child</strong>’s or youth’s IEP must be informed about the content of the IEP and<br />
their responsibility regarding its implementation.<br />
If a <strong>child</strong> or youth is not progressing as expected in meeting the annual goals or is not progressing as<br />
expected in the regular <strong>education</strong> curriculum (if appropriate), any implementer or ARC member who<br />
is concerned about the progress will request an ARC meeting to address the lack of expected<br />
progress.<br />
Inclusion in Statewide Assessments<br />
An LEA shall be responsible for including <strong>child</strong>ren with disabilities in the statewide assessment as provided in 703 KAR<br />
Chapter 5. 707 KAR 1:320, Section 9(2)<br />
Methods for inclusion of <strong>child</strong>ren and youth with disabilities in statewide assessments are addressed<br />
by the ARC, and decisions are recorded in the IEP. (See Section V, “Contents of the Individual<br />
Education Program” of this chapter for more information.)<br />
Parents Retain All Due-Process Rights<br />
These provisions of this administrative regulation shall not limit the parents’ right to ask for revision of the <strong>child</strong>’s IEP<br />
or to invoke due process procedures if the parents feel that good faith efforts are not being made.<br />
707 KAR 1:320, Section 9(3)<br />
26 5: IEP
SECTION IX<br />
PLACEMENT AT KENTUCKY SCHOOL FOR THE BLIND AND<br />
KENTUCKY SCHOOL FOR THE DEAF<br />
Kentucky School for the Deaf and Kentucky School for the Blind, in conjunction with the <strong>child</strong>’s resident LEA, shall<br />
ensure that an IEP is developed and implemented for each <strong>child</strong> with a disability placed in its school by an ARC.<br />
707 KAR 1:320, Section 1(2)<br />
Initial and Continuing Placement at Kentucky School for the Blind or Kentucky School for the<br />
Deaf<br />
When there is any indication that services from or placement at the Kentucky School for the Blind<br />
(KSB) or the Kentucky School for the Deaf (KSD) may be appropriate for a <strong>child</strong> or youth, the<br />
executive director of ECE/designee will contact appropriate staff at KSB or KSD to invite a<br />
representative(s) of that school to the ARC meeting.<br />
When a <strong>child</strong> or youth is enrolled in KSB or KSD, a representative of the district must be invited to<br />
all ARC meetings. It is the responsibility of the district to determine who should attend this meeting<br />
as the ARC chairperson/district representative and possibly as the regular <strong>education</strong> program<br />
teacher.<br />
For the purpose of annual review, staff at KSB or KSD will initiate contact with the executive<br />
director of ECE/designee thirty (30) calendar days in advance of a proposed meeting date. KSB or<br />
KSD staff will send the written notice of the ARC meeting to the parent and the district within the<br />
prescribed timeline.<br />
If an ARC meeting is needed for reasons other than annual review, KSB or KSD staff will contact<br />
the executive director of ECE/designee and send out notice of the meeting as soon as possible. When<br />
parent is not in attendance at any meeting, KSB or KSD staff are responsible for informing the<br />
parent of any discussion during the meeting and notice of any proposed or refused action, etc.<br />
Appropriate documents will be sent to the parent and the executive director of ECE/designee.<br />
Records<br />
At the ARC meeting (for initial placement at KSB or KSD), the district is responsible for all<br />
paperwork, including the IEP and notice of proposed and refused action. If placement occurs, the<br />
ARC chairperson/district representative will ensure that copies of special <strong>education</strong> records and<br />
cumulative record information, including statewide assessment and writing portfolio pieces, are<br />
made available to KSB or KSD personnel.<br />
After initial placement at KSB or KSD, both the district and the school of placement are responsible<br />
for maintaining the records of the <strong>child</strong> or youth. Records for a <strong>child</strong> or youth placed at KSB and<br />
KSD are maintained and located in the office of the executive director of ECE.<br />
5: IEP 27
CHAPTER 6<br />
PLACEMENT DECISIONS<br />
707 KAR 1:350<br />
SECTION I<br />
PLACEMENT DECISIONS<br />
A LEA * shall ensure that to the maximum extent appropriate, <strong>child</strong>ren with disabilities, including <strong>child</strong>ren placed by the<br />
LEA in public or private institutions or other care facilities, are educated with <strong>child</strong>ren who are nondisabled<br />
707 KAR 1:350, Section 1(1)<br />
In determining the <strong>education</strong>al placement of a <strong>child</strong> with a disability, the LEA shall ensure that the placement decision is<br />
made by the ARC † in conformity with the least restrictive environment provisions. 707 KAR 1:350, Section 1(5)<br />
In providing or arranging for the provision of nonacademic and extracurricular services and activities, a LEA shall<br />
ensure that a <strong>child</strong> with a disability participates with nondisabled <strong>child</strong>ren in those services and activities to the<br />
maximum extent appropriate to the needs of the <strong>child</strong>. 707 KAR 1:350, Section 1 (10)<br />
Participation With Children and Youth Who Are Not Disabled<br />
To the maximum extent appropriate, <strong>child</strong>ren and youth with disabilities, including <strong>child</strong>ren who<br />
placed by the local <strong>education</strong>al agency (LEA) in public or private institutions or other care facilities,<br />
are educated with <strong>child</strong>ren and youth who are not disabled. To reasonably promote <strong>education</strong>al<br />
success, all services and <strong>education</strong>al placements must be individually determined and must be based<br />
on the <strong>child</strong>’s or youth’s unique abilities and needs.<br />
The <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District makes sure that:<br />
A. Each <strong>child</strong> or youth with a disability is educated in the school that he or she would attend<br />
if not disabled unless the Individual Education Program (IEP) requires some other<br />
arrangement;<br />
B. A continuum of placement alternatives are available to the extent necessary to implement<br />
the IEP for each <strong>child</strong> or youth with a disability; and<br />
C. The <strong>education</strong>al placement of each <strong>child</strong> or youth with a disability is as close as possible<br />
to the home of the <strong>child</strong> or youth and in accordance with the district student assignment<br />
plan.<br />
Additionally, the Admissions and Release Committee (ARC) will consider:<br />
A. That a <strong>child</strong> or youth with a disability will be placed in a chronologically age-appropriate<br />
location/program;<br />
B. In selecting the least restrictive environment, any potential harmful effects on the <strong>child</strong> or<br />
youth or on the quality of services that he needs;<br />
C. That a <strong>child</strong> or youth with a disability will not be removed from <strong>education</strong> in age-<br />
* local <strong>education</strong>al agency (LEA), which means the JCPS District<br />
† Admissions and Release Committee (ARC)<br />
6: Placement 1
appropriate regular <strong>education</strong> program classrooms solely because of needed<br />
modifications in the regular <strong>education</strong> curriculum; and<br />
D. Providing or arranging for the provision of nonacademic and extracurricular services for<br />
a <strong>child</strong> or youth with a disability with nondisabled <strong>child</strong>ren and youth to the maximum<br />
extent appropriate.<br />
Continuum of Alternative Placements<br />
An LEA shall ensure that a continuum of alternative placements is available to meet the needs of <strong>child</strong>ren with<br />
disabilities for special <strong>education</strong> and related services.<br />
The continuum shall include the alternative placements of:<br />
(a) Instruction in regular classes;<br />
(b) Special classes;<br />
(c) Special schools;<br />
(d) Home instruction; and<br />
(e) Instruction in hospitals and institutions. 707 KAR 1:350, Section 1(2-3)<br />
The district makes available a continuum of alternative placements to meet the special <strong>education</strong> and<br />
related services needs of <strong>child</strong>ren and youth with disabilities. The continuum of placement<br />
alternatives:<br />
A. Includes, but is not limited to, instruction in regular <strong>education</strong> program classes, special<br />
classes, special schools, home instruction, and instruction in hospitals and institutions;<br />
B. Makes provision for supplementary services (e.g., resource or itinerant instruction) to be<br />
provided in conjunction with regular <strong>education</strong> program class placement; and<br />
C. Is available to the extent necessary for implementing the IEP of each <strong>child</strong> or youth with<br />
a disability.<br />
If a <strong>child</strong> or youth with a disability from another school or facility that is located within or outside<br />
the geographic boundaries of the district participates in JCPS District academic and nonacademic<br />
programs, the executive director of Exceptional Child Education (ECE)/designee has on file a copy<br />
of the arrangements for participation in those programs as well as a copy of the <strong>child</strong>’s or youth’s<br />
IEP, which documents the services to be provided.<br />
The executive director of ECE, and/or the building principal arrange(s) for a variety of placement<br />
decisions to be implemented in order for each <strong>child</strong> or youth with disabilities to receive the special<br />
<strong>education</strong> and related services specified in the IEP.<br />
Placement Considerations<br />
The LEA shall ensure that special classes, separate schooling or other removal of <strong>child</strong>ren with disabilities from the<br />
regular <strong>education</strong> environment occurs only if <strong>education</strong> in the regular <strong>education</strong> environment with the use of<br />
supplementary aids and services cannot be satisfactorily achieved due to the nature or severity of the disability.<br />
707 KAR 1:350, Section 1(1)<br />
A <strong>child</strong> with a disability shall not be removed from <strong>education</strong> in age-appropriate regular classrooms solely because of<br />
needed modifications in the general curriculum. 707 KAR 1:350, Section 1(9)<br />
2 6: Placement
The LEA shall make provision for supplementary services to be provided in conjunction with regular class placement.<br />
707 KAR 1:350, Section 1(4)<br />
When implementing the IEP of a <strong>child</strong> or youth with a disability, the ARC first considers full-time<br />
placement in the regular <strong>education</strong> program class in a regular school or in the place where the <strong>child</strong><br />
or youth would be if he or she were not disabled.<br />
“Supplementary aids and services” means aids, services, and other supports that are provided in regular <strong>education</strong><br />
classes or other <strong>education</strong> related settings to enable a <strong>child</strong> with disabilities to be educated with nondisabled students to<br />
the maximum extent appropriate in accordance with 707 KAR 1:350. 707 KAR 1:002, Section 1(61)<br />
Each ARC specifies in writing the regular <strong>education</strong> program environment changes that are needed<br />
in order to implement the IEP. When appropriate, such changes may include, for example:<br />
A. Changing the physical environment;<br />
B. Using supplementary aids and services;<br />
C. Reorganizing staff patterns;<br />
D. Implementing different modes of instruction;<br />
E. Making adaptations to the curriculum; and<br />
F. Training personnel in special instructional and behavior-management techniques.<br />
In all cases, placement decisions must be individually determined on the basis of each <strong>child</strong>’s or<br />
youth’s abilities and needs and not solely on such factors as:<br />
A. The category of disability of the <strong>child</strong> or youth;<br />
B. The availability of special <strong>education</strong> and related services;<br />
C. The configuration of the service delivery system;<br />
D. The availability of space; or<br />
E. Administrative convenience.<br />
The district provides <strong>child</strong>ren and youth with disabilities equal opportunities for ongoing<br />
participation in the same programs and activities that are available to <strong>child</strong>ren and youth without<br />
disabilities. In the IEP, the ARC specifies any modifications or adaptations that are necessary for the<br />
participation of the <strong>child</strong> or youth in the <strong>education</strong>al programs and services.<br />
Unless the IEP of a <strong>child</strong> with a disability requires some other arrangement, the <strong>child</strong> shall be educated in the school that<br />
he would attend if nondisabled. 707 KAR 1:350, Section 1(7)<br />
If any ARC member anticipates that the IEP cannot be implemented at the <strong>child</strong>’s or youth’s<br />
assigned school, the ARC chairperson/district representative contacts the coordinator of ECE<br />
Placement/designee for assistance in removing barriers to the implementation of the IEP.<br />
When the IEP cannot be implemented in the <strong>child</strong>’s or youth’s assigned school, the ARC<br />
chairperson/district representative notifies the coordinator of ECE Placement/designee. He or she<br />
arranges for the <strong>child</strong> or youth to be enrolled in the school that can implement the <strong>child</strong>’s or youth’s<br />
IEP.<br />
6: Placement 3
ARC Determination of Placement<br />
A <strong>child</strong>’s placement shall be:<br />
(a) Determined at least annually;<br />
(b) Based on the <strong>child</strong>’s IEP; and<br />
(c) As close as possible to the <strong>child</strong>’s home. 707 KAR 1:350, Section 1(6)<br />
An ARC will ensure that placement decisions are made after the following IEP components are<br />
completed:<br />
A. Present levels of academic achievement and functional performance;<br />
B. Special considerations, including behavioral needs, communication needs, English<br />
proficiency, hearing impairment, visual impairment, assistive technology, and<br />
physical <strong>education</strong>;<br />
C. Annual goals, including academic and functional goals;<br />
D. Benchmarks or short-term objectives;<br />
E. Specially designed instruction (SDI);<br />
F. Evaluation procedures; and<br />
G. Supplementary aids and services, program modifications, and supports for school<br />
personnel.<br />
The placement decisions are described in terms of:<br />
A. Type(s) of service(s) (i.e., special <strong>education</strong> and related services);<br />
B. Location(s) of services(s) (e.g., regular <strong>education</strong> classroom, special <strong>education</strong><br />
classroom);<br />
C. Amount of time for service(s);<br />
D. Anticipated frequency of service(s); and<br />
E. Beginning and ending date of service(s).<br />
An ARC determines placement in the least restrictive environment for a <strong>child</strong> or youth with a<br />
disability. At least once each calendar year, each ARC reviews and revises the IEP and determines<br />
the <strong>education</strong>al placement of each <strong>child</strong> or youth with a disability who is receiving special <strong>education</strong><br />
and related services. (See procedures in Chapter 5, “Individual Education Program.”)<br />
The ARC identifies any potentially harmful effects of the placement on the <strong>child</strong> or youth or on the<br />
quality of required services. The ARC specifies in writing the modifications to be made to<br />
compensate for any identified harmful effects.<br />
Placement Issues<br />
When the placement decision is made, the ARC chairperson/district representative gives notice of<br />
proposed or refused action to the parent in accordance with Chapter 7, “Procedural Safeguards and<br />
State Complaint Procedures.” If this is an initial placement for the <strong>child</strong> or youth with a disability,<br />
the ARC chairperson/district representative requests that the parent sign a consent form for initial<br />
services in a program that provides special <strong>education</strong> and related services.<br />
4 6: Placement
If the parent does not attend the meeting, the ARC chairperson/district representative sends the<br />
notice of proposed or refused action to the parent with a request for consent for initial services, if<br />
appropriate.<br />
If it is a parent’s wish that his or her <strong>child</strong> or youth attend another school for reasons other than<br />
<strong>education</strong>al need (e.g., <strong>child</strong>-care), this is not a placement decision for the ARC. The parent must<br />
request a transfer in accordance with district procedures.<br />
If the ARC does not complete the placement decision in the initial meeting, the ARC<br />
chairperson/district representative and parent agree upon a convenient date, time, and location to<br />
continue the meeting to complete the decision-making process.<br />
If, at any point during a meeting, an ARC member believes that there is insufficient data to make a<br />
placement decision and the other ARC members concur, then the ARC chairperson/district<br />
representative schedules another meeting to determine placement and assigns ARC members and<br />
others further data-collection duties. The <strong>child</strong> or youth continues in the current placement unless the<br />
ARC develops an interim course of action and the parent agrees to it. (See procedures in Chapter 5,<br />
“Individual Education Program.”)<br />
If the parent and district cannot agree on an interim measure, then the ARC chairperson/district<br />
representative states the district’s position and reminds the parent of his or her right to request<br />
mediation or a due-process hearing according to procedures in Chapter 7, “Procedural Safeguards<br />
and State Complaint Procedures.”<br />
Transfer From Another District or Educational Agency<br />
For a <strong>child</strong> or youth with a disability who transfers to the district, see procedures in Section VIII,<br />
“Services for Transfer Students” of Chapter 5.<br />
SECTION II<br />
CHANGE IN PLACEMENT/SERVICES<br />
Decisions regarding a change of placement/services are subject to established ARC procedures and<br />
are based on placement in the least restrictive environment.<br />
An ARC follows these procedures when making change-of-service decisions. Change in services<br />
include the following:<br />
A. An initiation of or changes in special <strong>education</strong> and related services<br />
B. A change in special <strong>education</strong> placement setting (e.g., regular <strong>education</strong> program class to<br />
resource class; resource class to special class);<br />
C. A release due to concluding special <strong>education</strong> and related services and resuming full-time<br />
regular <strong>education</strong> program services;<br />
D. Disciplinary removals, if considered a change in placement according to procedures in<br />
Chapter 7, “Procedural Safeguards and State Complaint Procedures;”<br />
6: Placement 5
E. Graduating with a diploma;<br />
F. Completing of a nondiploma program (certificate of attainment);<br />
G. Aging out of eligibility for services; and<br />
H. Implementation of a shortened school day;<br />
The ARC reviews and revises the IEP as necessary to determine the placement, or to make a change<br />
in placement, for a <strong>child</strong> or youth with a disability who is receiving special <strong>education</strong> and related<br />
services.<br />
The ARC chairperson/district representative initiates a meeting to review the IEP in relation to the<br />
performance of the <strong>child</strong> or youth and to redetermine placement in the least restrictive environment.<br />
This meeting is initiated:<br />
A. At least annually and before the scheduled IEP review date expires;<br />
B. When the parent requests a meeting to consider placement;<br />
C. When a teacher, related-service provider, or other ARC member requests a meeting<br />
because data indicate that the IEP or placement may not be appropriate for the <strong>child</strong> or<br />
youth; or<br />
D. When long-term removal (suspension) is being considered for a <strong>child</strong> or youth. The ARC<br />
follows procedures for a disciplinary change in placement as described in Chapter 7,<br />
“Procedural Safeguards and State Complaint Procedures.”<br />
The ARC reviews all reports, ongoing progress data, and evaluation data to determine and document<br />
the degree of progress and achievement toward meeting IEP goals. The ARC members decide to:<br />
A. Revise the IEP and determine placement in accordance with procedures in this chapter; or<br />
B. Release the <strong>child</strong> or youth from special <strong>education</strong> and return him or her to the regular<br />
<strong>education</strong> program.<br />
Release From Special Education and Related Services<br />
A <strong>child</strong> or youth concludes special <strong>education</strong> and related services when an ARC determines that the<br />
<strong>child</strong> or youth no longer needs special <strong>education</strong> and related services. The ARC releases a <strong>child</strong> or<br />
youth when he or she concludes special <strong>education</strong> and related services and resumes full-time regular<br />
<strong>education</strong> program services. This means that the ARC determines that the <strong>child</strong> or youth:<br />
A. Can function in the regular <strong>education</strong> program without special <strong>education</strong> and related<br />
services; and<br />
B. Has reached an <strong>education</strong>al achievement level that falls within the expected performance<br />
range for the course of study followed by similar-age peers who do not have disabilities<br />
(i.e., the disability no longer adversely affects his or her <strong>education</strong>); or<br />
C. Is no longer identified as <strong>education</strong>ally disabled (e.g., a <strong>child</strong> or youth who has had<br />
surgery to correct vision or hearing problems, a <strong>child</strong> or youth whose misarticulations<br />
have been corrected).<br />
To determine the regular <strong>education</strong> program environment for the <strong>child</strong> or youth, the ARC identifies<br />
6 6: Placement
where the student would be if not disabled. The principal arranges for each student whom an ARC<br />
releases to return to the placement that the <strong>child</strong> or youth would have been if he or she had not been<br />
determined disabled and in need of special <strong>education</strong> and related services.<br />
Note: Prior to releasing a <strong>child</strong> or youth from special <strong>education</strong> services, the ARC must<br />
complete the reevaluation procedures in accordance with procedures in Chapter 3,<br />
“Child Find, Evaluation, and Reevaluation.”<br />
Transfer and Withdrawal From School Prior to Program Completion<br />
Transfer means the <strong>child</strong> leaves a particular school district’s program and enrolls in another<br />
<strong>education</strong>al program. Withdrawal means that a youth leaves the <strong>education</strong>al system prior to<br />
completing the prescribed program of study. Withdrawal and transfer procedures for a <strong>child</strong> or youth<br />
with a disability are the same as those for a <strong>child</strong> or youth without a disability.<br />
If a youth with a disability who is age sixteen (16) to twenty-one (21) withdraws prior to program<br />
completion (i.e., drops out), the district provides a written notice that the youth is entitled to a free<br />
appropriate public <strong>education</strong> (FAPE) in accordance with procedures in Chapter 7, “Procedural<br />
Safeguards and State Complaint Procedures.”<br />
The withdrawal (i.e., dropouts) of <strong>child</strong>ren and youth with disabilities is verified monthly through<br />
district attendance procedures. The coordinator of ECE Placement/designee sends written<br />
notification to the parent (if the youth is between the ages of sixteen [16] and eighteen [18]) and to<br />
the youth (if the youth is age eighteen [18] or older or is emancipated). The written notification<br />
states that the youth is entitled to FAPE in order to assist him or her in preparing for post-school<br />
options and that the youth is entitled to re-enroll in order to obtain a diploma, to complete a planned<br />
program, or until the youth’s twenty-first (21st) birthday.<br />
Graduating With a Diploma<br />
Graduate means that a youth has completed the established program of study that leads to the receipt<br />
of a diploma and, therefore, leaves the school system.<br />
In accordance with procedures in Chapter 5, “Individual Education Program”, the ARC plans an<br />
appropriate multiyear course of study for a youth no later than age fourteen (14). This course of<br />
study leads to graduation and a diploma.<br />
At the annual review meeting prior to a youth’s expected graduation date, the ARC:<br />
A. Reviews the youth’s progress in the current program;<br />
B. Reviews — and revises, if appropriate — the IEP;<br />
C. Determines if the youth meets, or is scheduled to complete at the conclusion of the<br />
coming school year, the requirements for graduation. The ARC makes this determination<br />
by checking earned credits in the youth’s <strong>education</strong> record against the requirements<br />
established by the Kentucky Board of Education;<br />
D. Determines any support or assistance that the youth needs in order to successfully<br />
6: Placement 7
participate in the commencement ceremonies (e.g., diploma in Braille, wheelchair<br />
access); and<br />
E. Documents on the meeting summary, or on the IEP as appropriate, all decisions of the<br />
committee.<br />
Graduating with a diploma is considered a change in services in that the youth’s eligibility for<br />
special <strong>education</strong> and related services ceases. Graduation is subject to notice requirements according<br />
to procedures in Chapter 7, “Procedural Safeguards and State Complaint Procedures.” However,<br />
there is no requirement for a reevaluation prior to this change in placement.<br />
In the district, each youth with a disability has an opportunity to complete high school and to follow<br />
the same course of study available to youth who are not disabled. The district grants a high school<br />
diploma to each youth with a disability who meets the required graduation criteria and standards as<br />
established by the Kentucky Board of Education and the <strong>Jefferson</strong> <strong>County</strong> Board of Education. Upon<br />
completion of the minimum requirements for graduation, the youth participates in commencement<br />
exercises and receives a diploma. Prior to the commencement ceremony, school personnel determine<br />
any supports or assistance the youth will need in order to successfully participate in the ceremonies<br />
(e.g., diploma in Braille, wheelchair access). No distinction regarding disability is made.<br />
Completion of Nondiploma Program (Certificate of Attainment)<br />
A youth with a disability who meets the criteria for an alternative assessment is issued a certificate<br />
of attainment upon completing a program designed by the ARC.<br />
At the annual review meeting prior to a youth completing requirements for a certificate of<br />
attainment, the ARC:<br />
A. Reviews the youth’s progress in the current program;<br />
B. Reviews/Revises the IEP; and<br />
C. Documents the decisions of the committee in the meeting minutes.<br />
The youth participates in commencement exercises and receives a certificate of attainment. No<br />
distinction regarding disability is made. Prior to the commencement ceremony, school personnel<br />
determine any supports or assistance the youth will need in order to successfully participate in the<br />
ceremonies (e.g., diploma in Braille, wheelchair access).<br />
Release Due to Aging Out<br />
Age out means that the age of the youth exceeds the mandated service age for FAPE and that the<br />
school district is no longer required to provide special <strong>education</strong> and related services to the youth.<br />
This is a change of placement; however, a reevaluation is not required for a youth who exceeds the<br />
age eligibility for FAPE.<br />
Each August, the ARC chairperson/district representative uses the <strong>child</strong> tracking system to identify<br />
any youth with a disability who is over age eighteen (18) and has not been identified as a last-year<br />
student (i.e., senior). During the IEP annual review meeting, the ARC:<br />
8 6: Placement
A. Reviews the youth’s progress in the current program;<br />
B. Determines the last date of services based on the youth’s twenty-first (21st) birthday and<br />
current board policy; and<br />
C. Reviews/Revises the IEP, including needed programs and services, so that the youth can<br />
complete a program or graduate, if possible, and be referred to appropriate adult services<br />
prior to aging out.<br />
The ARC chairperson/district representative discusses with the parent the meaning of aging out and<br />
that explains that special <strong>education</strong> and related services will cease on the date determined in B<br />
above.<br />
Summary of Performance<br />
For students who graduate or age out of the program, the LEA shall provide the <strong>child</strong> with a summary of the <strong>child</strong>’s<br />
academic achievement and functional performance including recommendations on how to assist the <strong>child</strong> in meeting the<br />
<strong>child</strong>’s postsecondary goals. 707 KAR 1:300, Section 4(21)<br />
For youths who are graduating with a diploma, receiving a certificate of attainment, or aging out of<br />
the program, school personnel will provide the youth with a summary of the <strong>child</strong>’s academic<br />
achievement and functional performance including recommendations on how to assist the youth in<br />
meeting his or her postsecondary goals.<br />
Length of School Day<br />
“School day” means any day, including a partial day, that <strong>child</strong>ren are in attendance at school for instructional purposes.<br />
School day means the same thing for all <strong>child</strong>ren in school, including <strong>child</strong>ren with or without disabilities.<br />
707 KAR 1:002, Section 1(53)<br />
The ARC makes sure that the length of the instructional school day for each <strong>child</strong> or youth with a<br />
disability is the same as it is for <strong>child</strong>ren and youth without disabilities, unless otherwise specified<br />
on an IEP. An ARC does not shorten or lengthen the school day for a <strong>child</strong> or youth with a disability<br />
for the purposes of transportation, administrative convenience, or parent requests.<br />
If an ARC determines that a <strong>child</strong> or youth with a disability needs a change in the length of the<br />
school day due to a medical condition, the determination is based on written evidence, which<br />
includes:<br />
A. A statement from a licensed physician, advanced registered nurse practitioner,<br />
psychologist, psychiatrist, or public health officer. The statement describes the medical or<br />
mental condition of the <strong>child</strong> or youth and its impact on his or her ability to participate in<br />
a full instructional day;<br />
B. The anticipated duration of the need for an altered length of the school day;<br />
C. A description of any changes/modifications in the curriculum, instruction, classroom<br />
arrangements, and support services that are needed in order to maintain the <strong>child</strong> or youth<br />
in a full instructional day; and<br />
D. Any harmful effects on the <strong>child</strong> or youth if the length of the school day is not altered.<br />
6: Placement 9
If the ARC determines that the instructional day is to be altered for a <strong>child</strong> or youth, the ARC revises<br />
the IEP to reflect changes in the program. In the meeting summary, the ARC describes:<br />
A. The issues discussed, the data used to make decisions, the options considered (both<br />
accepted and refused) and why; and<br />
B. The decision regarding the anticipated duration of the need for an altered length of the<br />
school day and any special accommodations that are necessary for returning the <strong>child</strong> or<br />
youth to a full instructional day.<br />
Within two (2) business days of an ARC’s decision to alter the length of a school day for a <strong>child</strong> or<br />
youth with disabilities, the ARC chairperson/district representative informs the coordinator of ECE<br />
Placement of the ARC’s decision and sends the coordinator a copy of all due-process forms and a<br />
copy of the health provider statement.<br />
The coordinator of ECE Placement submits all required paperwork to the Kentucky Department of<br />
Education (KDE).<br />
SECTION III<br />
CASELOAD AND CLASS SIZE FOR EXCEPTIONAL CHILD<br />
EDUCATION CLASSROOMS<br />
The district operates ECE classes according to membership for each disability and class plan as<br />
outlined in the table provided below.<br />
“Caseload for special classes” means the number of <strong>child</strong>ren with disabilities assigned to a teacher of <strong>exceptional</strong><br />
<strong>child</strong>ren for the purpose of providing individualized specially designed instruction and related services in a special class<br />
setting.<br />
707 KAR 1:002, Section 1(7)<br />
Caseload for resource teachers shall refer to the maximum number of student records a teacher may be assigned.<br />
707 KAR 1:350, Section 3<br />
“Class size for resource classes” means the number of <strong>child</strong>ren with disabilities assigned to a teacher of <strong>exceptional</strong><br />
<strong>child</strong>ren per period, block, or specified length of time set by the individual school. 707 KAR 1:002, Section 1(10)<br />
“Caseload for special classes” means the number of <strong>child</strong>ren with disabilities assigned to an ECE<br />
teacher for the purpose of providing individualized special <strong>education</strong> and related services in a special<br />
class setting.<br />
“Caseload for resource teachers” refers to the maximum number of student records to which a<br />
teacher can be assigned.<br />
“Class size for resource classes” means the number of <strong>child</strong>ren with disabilities assigned to an ECE<br />
teacher per period, block, or specified length of time set by the individual school.<br />
10 6: Placement
Disability and<br />
Class Plan<br />
Caseload<br />
Total Age Range<br />
for Caseload<br />
Maximum Number<br />
per Period<br />
Age Range<br />
per Period<br />
Visually Impaired<br />
Special Class<br />
Resource<br />
10<br />
10<br />
6 Years<br />
6 Years<br />
NA<br />
8<br />
NA<br />
4 Years<br />
Hearing Impaired<br />
Special Class<br />
Resource<br />
6<br />
8<br />
4 Years<br />
6 Years<br />
NA<br />
8<br />
NA<br />
4 Years<br />
Physically Disabled and<br />
Other Health Impaired<br />
Special Class<br />
Resource Class<br />
16<br />
20<br />
6 Years<br />
6 Years<br />
NA<br />
10<br />
NA<br />
6 Years<br />
Speech/Language 65 NA NA NA<br />
Emotional-Behavioral<br />
Disability<br />
Special Class<br />
Resource Class<br />
8<br />
15<br />
4 Years<br />
6 Years<br />
NA<br />
8<br />
NA<br />
4 Years<br />
Mild Mental Disability<br />
Special Class<br />
Primary–6<br />
Secondary 7–12<br />
15<br />
15<br />
4 Years<br />
4 Years<br />
NA<br />
NA<br />
NA<br />
NA<br />
Resource Class<br />
Primary–5<br />
6<br />
Secondary 7–12<br />
15<br />
15<br />
20<br />
6 Years<br />
6 Years<br />
6 Years<br />
8<br />
10<br />
10<br />
4 Years<br />
4 Years<br />
4 Years<br />
Functional Mental<br />
Disability<br />
Special Class<br />
Resource Class<br />
10<br />
10<br />
6 Years<br />
6 Years<br />
NA<br />
8<br />
NA<br />
6 Years<br />
6: Placement 11
Specific Learning<br />
Disability<br />
Special Class<br />
Primary–6<br />
Secondary 7–12<br />
10<br />
15<br />
4 Years<br />
4 Years<br />
NA<br />
NA<br />
NA<br />
NA<br />
Resource Class<br />
Primary–5<br />
6<br />
Secondary 7–12<br />
15<br />
15<br />
20<br />
6 Years<br />
6 Years<br />
6 Years<br />
8<br />
10<br />
10<br />
4 Years<br />
4 Years<br />
4 Years<br />
Multiple Disabilities<br />
Special Class<br />
Resource Class<br />
10<br />
10<br />
6 Years<br />
6 Years<br />
NA<br />
8<br />
NA<br />
6 Years<br />
Children with disabilities that meet the definition of autism; deaf-blindness; developmental delay for ages six (6), seven<br />
(7), and eight (8); and traumatic brain injury shall be served in regular classes, special classes, or resource classes as<br />
determined by the ARC. 707 KAR 1:350, Section 2(3)<br />
“Collaboration” means, for purposes of determining class size in 707 KAR 1:350, Section 2, a teacher of <strong>exceptional</strong><br />
<strong>child</strong>ren works with <strong>child</strong>ren with disabilities in the regular classroom to provide specially designed instruction and<br />
related services. 707 KAR 1:002, Section 1(11)<br />
If a teacher of <strong>exceptional</strong> <strong>child</strong>ren provides services through the collaborative model, the maximum caseload shall not<br />
exceed twenty (20) <strong>child</strong>ren with disabilities for secondary, and fifteen (15) <strong>child</strong>ren with disabilities for primary.<br />
707 KAR 1:350, Section 2(4)<br />
Children with disabilities that meet the definition of autism; deaf-blindness; developmental delay<br />
(DD) for ages six (6), seven (7), and eight (8); and traumatic brain injury (TBI) shall be served in<br />
regular classes, special classes, or resource classes as determined by the ARC.<br />
“Collaboration” means, for the purposes of determining class size, that an ECE teacher works with<br />
<strong>child</strong>ren with disabilities in the regular <strong>education</strong> classroom to provide special <strong>education</strong> and related<br />
services. If an ECE teacher provides services through the collaborative model, the maximum<br />
caseload shall not exceed twenty (20) <strong>child</strong>ren with disabilities at the secondary level, and fifteen<br />
(15) <strong>child</strong>ren with disabilities at the primary level.<br />
The district submits a waiver request to KDE when the caseload for special classes and resource<br />
teachers or the class size for resource classes exceeds the maximum number, which is specified in<br />
707 KAR 1:350, for thirty (30) days. Appendix A outlines state regulations regarding the caseload<br />
for special classes and resource teachers and the class size for resource classes.<br />
Based on the needs of students and teacher preference, the maximum number of students per period<br />
may exceed the numbers specified in the table provided in this section but may not exceed the<br />
numbers in the sections provided in Appendix A.<br />
12 6: Placement
APPENDIX A<br />
CASELOAD AND CLASS SIZE PER 707 KAR 1:350<br />
Section 1<br />
“Caseload for special classes” means the number of <strong>child</strong>ren with disabilities assigned to a teacher of<br />
<strong>exceptional</strong> <strong>child</strong>ren for the purpose of providing individualized special <strong>education</strong> and related<br />
services in a special class setting.<br />
707 KAR 1:350, Section 2(1), outlines caseloads for special classes according to the box below.<br />
An LEA shall provide special <strong>education</strong> for each <strong>child</strong> with a disability in accordance with the following maximum<br />
caseloads for special classes:<br />
(a) Emotional-behavior disability is eight (8);<br />
(b) Functional mental disability is ten (10);<br />
(c) Hearing impairment is six (6);<br />
(d) Mild mental disability is fifteen (15);<br />
(e) Multiple disabilities is ten (10);<br />
(f) Orthopedic impairment is sixteen (16);<br />
(g) Other health impairment is sixteen (16);<br />
(h) Specific learning disability for primary is ten (10) and for secondary is fifteen (15); and<br />
(i) Visual impairment is ten (10).<br />
Section 2<br />
“Caseload for resource teachers” shall refer to the maximum number of student records for which a<br />
teacher can be assigned.<br />
707 KAR 1:350, Section 3, outlines caseloads for resource teachers according to the box below.<br />
A LEA shall make those assignments based on the following:<br />
(a) emotional-behavioral disability is fifteen (15);<br />
(b) Functional mental disability is ten (10);<br />
(c) Hearing impairment is eight (8);<br />
(d) Mild mental disability for primary is fifteen (15) and for secondary is twenty (20);<br />
(e) Multiple disabilities is ten (10);<br />
(f) Orthopedic impairment is twenty (20);<br />
(g) Other health impairment is twenty (20);<br />
(h) Specific learning disability for primary is fifteen (15) and for secondary is twenty (20);<br />
(i) Visual impairment is ten (10); and<br />
(j) Speech language pathologist caseload limits as contained in KRS 334A.190.<br />
Caseload limitations for speech-language pathologists in the public schools.<br />
(1) The caseload limitations for speech-language pathologists in the public schools shall not exceed sixty-five (65)<br />
pupils.<br />
6: Placement 13
(2) The total caseload of speech-language pathologists who supervise assistants may be increased by no more than onehalf<br />
(1/2) of the amount set forth in subsection (1) of this section for each speech-language pathology assistant working<br />
under their supervision. KRS 334A.190<br />
Section 3<br />
“Class size for resource classes” means the number of <strong>child</strong>ren with disabilities assigned to a teacher<br />
of <strong>exceptional</strong> <strong>child</strong>ren per period, block, or specified length of time set by the individual school.<br />
707 KAR 1:350, Section 2(2), outlines class sizes for resource classes according to the box below.<br />
An LEA shall provide special <strong>education</strong> for each <strong>child</strong> with a disability in accordance with the following maximum<br />
caseloads for resource classes:<br />
(a) Emotional-behavior disability is eight (8);<br />
(b) Functional mental disability is eight (8);<br />
(c) Hearing impairment is eight (8);<br />
(d) Mild mental disability is ten (10);<br />
(e) Multiple disabilities is eight (8);<br />
(f) Orthopedic impairment is ten (10);<br />
(g) Other health impairment is ten (10);<br />
(h) Specific learning disability is ten (10); and<br />
(i) Visual impairment is eight (8).<br />
14 6: Placement
CHAPTER 7<br />
PROCEDURAL SAFEGUARDS AND STATE COMPLAINT PROCEDURES<br />
707 KAR 1:340, SECTIONS 1—12<br />
SECTION I<br />
NOTICE—PARENT PARTICIPATION IN MEETINGS<br />
Written Notice of Admissions and Release Committee Meetings<br />
A parent of a <strong>child</strong> with a disability shall be afforded an opportunity to participate in all ARC meetings concerning his<br />
<strong>child</strong>. The LEA * shall provide parents a written notice of ARC † meetings in accordance with this administrative<br />
regulation.<br />
707 KAR 1:340, Section 1(1)(b),(2)<br />
The Admissions and Release Committee (ARC) chairperson/district representative takes steps to<br />
make sure that one or both of the parents of the <strong>child</strong> or youth are present at each meeting<br />
concerning their <strong>child</strong> or youth or are afforded the opportunity to participate. These steps include:<br />
A. Notifying parents of the meeting early enough to ensure that they will have an<br />
opportunity to attend; and<br />
B. Scheduling the meeting at a mutually agreed upon time, date, and location.<br />
Except for meetings concerning a disciplinary change in placement or a safety issue, an LEA shall provide written notice<br />
to the parents of <strong>child</strong> with a disability at least seven (7) days before a meeting in which the LEA:<br />
(a) Proposes to initiate or change the identification, evaluation, or <strong>education</strong>al placement of the <strong>child</strong> or the provision of<br />
FAPE ‡ to the <strong>child</strong>; or<br />
(b) Refuses to initiate or change the identification, evaluation, or <strong>education</strong>al placement of the <strong>child</strong> or the provision of<br />
FAPE to the <strong>child</strong>.<br />
An LEA shall provide written notice to the parents of a <strong>child</strong> with a disability at least twenty-four (24) hours before a<br />
meeting concerning a safety issue or change in placement due to a violation of a code of student conduct.<br />
707 KAR 1:340 Section 3(1-2)<br />
Each written notice, which is sent by the ARC chairperson/district representative/designee in<br />
accordance with Section III of this chapter, is sent seven (7) calendar days prior to the scheduled<br />
meeting unless:<br />
A. The parent and ARC chairperson/district representative agree otherwise; or<br />
B. The meeting is concerning a safety issue or change in placement due to a violation of<br />
a code of conduct.<br />
A copy of each written notice is maintained in the <strong>education</strong> record of the <strong>child</strong> or youth.<br />
The ARC chairperson/district representative determines the language or mode of communication<br />
used by the parent and provides notice in that language or mode of communication unless it is<br />
clearly not feasible to do so. The native language of the parent of a <strong>child</strong> or youth is the primary<br />
* local <strong>education</strong>al agency (LEA) which means the <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District<br />
† Admissions and Release Committee (ARC)<br />
‡ Free and appropriate public <strong>education</strong> (FAPE)<br />
7: Procedural Safeguards 1
language used in the home (i.e., the language most frequently used for communication by the<br />
parent). If the native language or mode of communication is not English, the ARC<br />
chairperson/district representative informs the executive director of Exceptional Child Education<br />
(ECE)/designee of the need for a translation or interpretation of the notice. The executive director of<br />
ECE/designee makes sure:<br />
A. That the notice is translated orally or by other means to the parent in his or her native<br />
language or other mode of communication; and<br />
B. that there is written evidence that these requirements have been met.<br />
The executive director of ECE/designee obtains the necessary translation or interpretation of a<br />
notice. Copies of all letters of correspondence involved in securing the necessary interpretation or<br />
translation of a notice and a copy of the translation are maintained in the office of the executive<br />
director of ECE.<br />
A LEA may conduct an ARC meeting without a parent in attendance if the LEA is unable to convince the parent to<br />
attend. The LEA shall keep a record of its attempts to arrange a mutually agreed on time and place. The records may<br />
include :<br />
(a) Detailed records of telephone calls made or attempted and the results of those calls;<br />
(b) Copies of correspondence sent to the parents and any responses received; or<br />
(c) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.<br />
707 KAR 1:340, Section 1(3)<br />
If the ARC chairperson/district representative is unable to convince the parent that he or she should<br />
attend, a meeting may be conducted without a parent in attendance, as long as the ARC<br />
chairperson/district representative maintains records of the attempts to arrange a mutually agreed<br />
upon date, time, and location. See Chapter 5, “Individual Education Program,” for more specific<br />
procedures.<br />
Inspection and Review of Records<br />
A parent of a <strong>child</strong> with a disability shall be afforded an opportunity to inspect and review all records with respect to<br />
identification, evaluation and <strong>education</strong>al placement of the <strong>child</strong> and the provision of FAPE to the <strong>child</strong>.<br />
707 KAR 1:340, Section 1(1)(a)<br />
The <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District permits parents to review and inspect any<br />
<strong>education</strong> record that IS collected, maintained, or used by the district and that is related to the<br />
identification, evaluation, and placement of their <strong>child</strong> or youth or to the provision of a free<br />
appropriate public <strong>education</strong> (FAPE) to the <strong>child</strong> or youth. The same access rights apply to the<br />
eligible student (age eighteen [18] or older) and to youth who are emancipated.<br />
The district allows either parent (including a biological or adoptive parent/guardian or an individual<br />
acting as a parent) access to the <strong>education</strong> records of a <strong>child</strong> or youth unless the district is presented<br />
with written evidence of a court order relating to such matters as divorce, separation, or custody.<br />
This document must specifically revoke parental rights regarding access to records in order for the<br />
district to deny a parent access to his or her <strong>child</strong>’s or youth’s <strong>education</strong> records.<br />
See Chapter 9, “Confidentiality of Information,” for more specific procedures.<br />
2 7: Procedural Safeguards
Conversation Without a Parent Present<br />
LEA staff shall not be limited by 707 KAR Chapter 1, from having informal, or unscheduled conversations on issues<br />
which may include:<br />
(a) Teaching methodology;<br />
(b) Lesson plans;<br />
(c) Coordination of service provision; or<br />
(d) Preparatory activities that the LEA personnel engage in to develop a proposal or response to a parent proposal that<br />
will be discussed at a later ARC meeting. 707 KAR 1:340, Section 1(4)<br />
ARC meetings are scheduled meetings that require written notice to parent. At an ARC meeting,<br />
district personnel and parents come together at the same time and place to discuss and make<br />
decisions about the identification, evaluation, and <strong>education</strong>al placement of the <strong>child</strong> or youth and<br />
the provision of FAPE to him or her.<br />
ARC meetings are not activities or meetings where district personnel work together to develop a<br />
proposal or a response to a parent proposal that will be discussed in an ARC meeting.<br />
Discussions between teachers, administrators, and/or district staff regarding teaching methodologies,<br />
lessons plans, or coordination of services are not meetings for which parents must receive notice and<br />
the opportunity to attend.<br />
SECTION II<br />
INDEPENDENT EDUCATIONAL EVALUATION<br />
Parental Right to an Independent Educational Evaluation<br />
A parent of a <strong>child</strong> with a disability shall have a right to obtain an independent <strong>education</strong>al evaluation of the <strong>child</strong>.<br />
707 KAR 1:340, Section 2(1)<br />
A parent shall be entitled to only one (1) independent <strong>education</strong>al evaluation at public expense each time the public<br />
agency conducts an evaluation with which the parents disagree. 707 KAR 1:340, Section 2(6)<br />
Parents may request only one (1) independent <strong>education</strong>al evaluation following a completed<br />
evaluation conducted by the district. In order for the parent to request an independent <strong>education</strong>al<br />
evaluation, he or she must disagree with the complete evaluation that the district conducted on the<br />
<strong>child</strong> or youth.<br />
The LEA may ask for the parent’s reasons why he objects to the LEA’s evaluation; however, the parent shall not be<br />
required to respond and the LEA shall not delay its action under subsection (3) of this section while waiting for a<br />
response from the parent. 707 KAR 1:340, Section 2(4)<br />
If a parent requests an independent <strong>education</strong>al evaluation at public expense because the parent disagrees with an<br />
evaluation obtained by the LEA, the LEA shall, without unnecessary delay:<br />
(a) Initiate a due process hearing to show that its evaluation is appropriate; or<br />
(b) Ensure that an independent <strong>education</strong>al evaluation is provided at public expense unless the LEA demonstrates in a<br />
due process hearing that the evaluation obtained by the parent did not meet LEA criteria.<br />
707 KAR 1:340, Section 2(3)<br />
7: Procedural Safeguards 3
If a parent requests an independent <strong>education</strong>al evaluation, the LEA shall provide information to the parent about where<br />
an independent <strong>education</strong>al evaluation may be obtained and the LEA’s applicable criteria for independent <strong>education</strong>al<br />
evaluations. 707 KAR 1:340, Section 2(2)<br />
The ARC chairperson/district representative is responsible for giving the parent information on<br />
obtaining an independent <strong>education</strong>al evaluation and the district criteria for such evaluations, in<br />
accordance with Chapter 3, “Child Find, Evaluation, and Reevaluation.” Procedures regarding test<br />
criteria and qualifications of the examiner can be found in Section V, “Evaluation/Reevaluation” of<br />
Chapter 3.<br />
If the LEA initiates a due process hearing after receiving a request for an independent <strong>education</strong>al evaluation, and the<br />
final decision is that the LEA’s evaluation is appropriate, the parent still shall have the right to an independent<br />
<strong>education</strong>al evaluation, but not at public expense. 707 KAR 1:340, Section 2(7)<br />
<strong>Public</strong> Expense<br />
If an independent <strong>education</strong>al evaluation is at public expense, the criteria under which the evaluation is obtained,<br />
including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria that the<br />
LEA uses when it initiates an evaluation. Aside from these criteria, the LEA shall not impose any other conditions or<br />
timelines relating to obtaining an independent <strong>education</strong>al evaluation at public expense. 707 KAR 1:340, Section 2(5)<br />
If a due process hearing officer, as part of a hearing, requests an independent <strong>education</strong>al evaluation, the cost of that<br />
evaluation shall be at public expense. 707 KAR 1:340, Section 2(9)<br />
Private Expense (Parent)<br />
If the parent obtains an independent <strong>education</strong>al evaluation at public or private expense and it meets the agency criteria,<br />
results of the evaluation shall be considered by the LEA in any decision made with respect to the provision of a free<br />
appropriate public <strong>education</strong> (FAPE) to the <strong>child</strong>. 707 KAR 1:340, Section 2(8)<br />
If the parent obtains an independent <strong>education</strong>al evaluation at public or private expense, the ARC<br />
considers the results of the evaluation, if it meets the district’s criteria, in any decisions made<br />
concerning the eligibility for and provision of special <strong>education</strong> and related services.<br />
SECTION III<br />
NOTICE OF PROCEDURAL SAFEGUARDS (PARENT RIGHTS)<br />
A copy of the procedural safeguards notice (including, parent’s rights) shall be given to the parents of a <strong>child</strong> with a<br />
disability one (1) time a school year. A copy of the notice shall also be provided to the parent:<br />
(a) Upon initial referral or parent request for evaluation;<br />
(b) Upon the receipt of the first state written complaint;<br />
(c) Upon the receipt of the first filing of a due process hearing in a school year;<br />
(d) In accordance with the discipline procedures in which a decision is made to remove a student which constitutes a<br />
change in placement, because of a violation of the code of student conduct; and<br />
(e) Upon request by a parent.<br />
The procedural safeguards notice shall include a full explanation of all the procedural safeguards available under 707<br />
KAR Chapter 1 and 34 CFR Section 300.504. 707 KAR 1:340, Section 4(1-2)<br />
4 7: Procedural Safeguards
The district will provide the parents with a copy of the procedural safeguards notice. A copy will be<br />
provided:<br />
A. At least once a year;<br />
B. Upon initial referral or parent request for evaluation;<br />
C. Upon receipt of the first written state complaint;<br />
D. Upon receipt of the first filing of a due-process hearing in a school year;<br />
E. Upon a decision to remove a student when the decision constitutes a change in<br />
placement because of a violation of the JCPS Code of Acceptable Behavior and<br />
Discipline; and<br />
F. Upon request by the parent.<br />
Additionally, at every ARC meeting, the ARC chairperson/district representative offers the parent a<br />
copy of the procedural safeguards notice and offers to review it.<br />
SECTION IV<br />
WRITTEN NOTICE OF PROPOSED OR REFUSED ACTION<br />
(MEETING SUMMARY)<br />
The notice required by subsections (1) and (2) of this section shall include:<br />
(a) A description of the action proposed or refused by the LEA;<br />
(b) An explanation of why the LEA proposes or refuses to take the action;<br />
(c) A description of any other options the LEA considered and the reasons why those options were rejected;<br />
(d) A description of each evaluation procedure, test, record, or report the LEA used as a basis for the proposed or<br />
refused action;<br />
(e) A description of any other factors that are relevant to the LEA’s proposal or refusal;<br />
(f) A statement that the parents of a <strong>child</strong> with a disability have protection under the procedural safeguards in 707 KAR<br />
Chapter 1 and 34 CFR Section 300.504, and if this notice is not an initial referral for evaluation, the means by which<br />
a copy of the procedural safeguards can be obtained; and<br />
(g) Sources for the parents to contact to obtain assistance in understanding the provision of this section.<br />
707 KAR 1:340, Section 3(3)<br />
If the parent attends the meeting, then copies of the proposed or refused action (meeting summary)<br />
and a copy of the Individual Education Program (IEP), if applicable, are given to the parent at the<br />
close of the meeting. Parents receive a notice of the proposed or refused action (meeting summary)<br />
regardless of whether they attend the ARC meeting. This notice is accomplished by mailing —<br />
within two (2) school days of the date the meeting was held — the meeting summary form, with a<br />
copy of the procedural safeguards notice and the proposed IEP, if applicable, to the parents who did<br />
not attend the meeting.<br />
For any change in special <strong>education</strong> and related services, the proposed action may be implemented<br />
immediately if the parent received notice in the meeting and within seven (7) calendar days after the<br />
meeting if no parent attended the meeting and no response is received from the parent.<br />
7: Procedural Safeguards 5
The notice required by subsections (1) and (2) of this section shall be written in language understandable to the general<br />
public and provided in the native language or other mode of communication of the parent unless it is clearly not feasible<br />
to do so. If the native language of the parent is not a written language, the LEA shall take steps to ensure that the notice<br />
is translated orally or by other means so that the parent understands the content of the notice and that there is written<br />
evidence of the translation. 707 KAR 1:340, Section 3(4)<br />
The ARC chairperson/district representative makes sure that written notices are understandable to<br />
the general public (i.e., free of jargon, includes explanations of acronyms).<br />
The ARC chairperson/district representative determines the language or mode of communication<br />
used by the parent and provides notice in that language or mode of communication unless it is<br />
clearly not feasible to do so. The native language of the parent is the primary language used in the<br />
home (i.e., the language most frequently used for communication by the parent). If the native<br />
language or mode of communication is not English, the ARC chairperson/district representative<br />
informs the executive director of ECE of the need for a translation or interpretation of the notice.<br />
The executive director of ECE makes sure:<br />
A. That the notice is translated orally or by other means to the parent in his or her native<br />
language or other mode of communication; and<br />
B. That there is written evidence that these requirements have been met.<br />
The executive director of ECE obtains the necessary translation or interpretation of a notice. A copy<br />
of the translation and copies of all letters or correspondence involved in securing the necessary<br />
interpretation or translation of a notice are maintained in the office of the executive director of ECE.<br />
SECTION V<br />
PARENTAL CONSENT<br />
“Consent” means:<br />
(a) A parent has been fully informed of all information relevant to the activity for which consent is sought, in his native<br />
language, or other mode of communication;<br />
(b) A parent understands and agrees in writing to the carrying out of the activity for which his consent is sought, and the<br />
consent describes the activity and lists the records, if any, that will be released and to whom; and<br />
(c) A parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any<br />
time; and<br />
(d) If a parent revokes consent, that revocation does not negate an action that has occurred after the consent was given<br />
and before the consent was revoked. 707 KAR 1:002, Section 1(15)<br />
The LEA shall obtain informed parental consent before conducting an initial evaluation or reevaluation and before the<br />
initial provision of specially designed instruction and related services. 707 KAR 1:340, Section 5(1)<br />
Parental consent shall not be required before:<br />
(a) Reviewing existing data as part of an evaluation or reevaluation; or<br />
(b) Administering a test or other evaluation that is administered to all <strong>child</strong>ren unless consent is required of all parents<br />
before the administration of the test or evaluation. 707 KAR 1:340, Section 5(8)<br />
The ARC chairperson/district representative files a copy of each written consent statement in the<br />
<strong>education</strong> record of the student.<br />
6 7: Procedural Safeguards
The ARC chairperson/district representative makes sure that the parent gives consent voluntarily by:<br />
A. Providing the parent with all relevant information; and<br />
B. Giving the parent time to consider the request for consent.<br />
Consent is not required for the following actions:<br />
A. Reviewing existing data as part of an initial evaluation or a reevaluation; and<br />
B. Administering a test or other evaluation that is administered to all <strong>child</strong>ren and youth<br />
unless consent is required of parents of all <strong>child</strong>ren and youth.<br />
Consent for Initial Evaluation<br />
The ARC chairperson/district representative obtains written, informed parental consent before any<br />
procedures are used selectively with an individual <strong>child</strong> or youth to determine if he or she has a<br />
disability and needs special <strong>education</strong> and related services.<br />
The consent for initial evaluation is obtained on the consent form provided by the district and<br />
includes a description of the types of individual evaluation tests and procedures that will be used<br />
selectively with the <strong>child</strong> or youth in all areas related to the suspected disability. Areas related to the<br />
suspected disability may include, for example, physical functioning, social and emotional status,<br />
general intelligence, academic performance, and communication status.<br />
The written consent form includes a place for the date and the parent’s signature and states that the<br />
parent understands and agrees:<br />
A. To the multidisciplinary team conducting a full and individual evaluation of the <strong>child</strong> or<br />
youth in all areas related to the suspected disability; and<br />
B. That consent is given voluntarily; and<br />
C. That consent may be revoked at any time and that the revocation is not retroactive.<br />
In accordance with procedures in Section III of this chapter, the request for consent to evaluate<br />
should be accompanied by the written notice (meeting summary) of the ARC’s proposed action to<br />
evaluate the <strong>child</strong> or youth.<br />
Consent When the Child Is in the Custody of the State or Foster Child<br />
If the <strong>child</strong> is in the custody of the state and is not residing with the <strong>child</strong>’s parent, the LEA is not required to obtain<br />
consent from the parent for initial evaluations to determine the eligibility of the <strong>child</strong> if:<br />
(a) Despite reasonable efforts, the LEA cannot discover the whereabouts of the parent(s);<br />
(b) The rights of the parent(s) have been terminated by a court of competent jurisdiction; or<br />
(c) The rights of the parent(s) to make <strong>education</strong>al decisions have been subrogated by a court of competent jurisdiction<br />
and an individual appointed by the court to represent the <strong>child</strong> has been given consent to the initial evaluation.<br />
707 KAR 1:340, Section 5(3)<br />
7: Procedural Safeguards 7
If the <strong>child</strong> is a foster <strong>child</strong> and does not reside with the <strong>child</strong>’s parents, the LEA shall make reasonable efforts to obtain<br />
the informed consent of the parent for an initial evaluation. The LEA shall not be required to obtain this consent if:<br />
(a) Despite reasonable efforts, the LEA cannot discover the whereabouts of the parent;<br />
(b) The rights of the parents have been terminated in accordance with state law; or<br />
(c) The rights of the parents to make <strong>education</strong>al decisions have been subrogated by a court in accordance with state law<br />
and the consent for initial evaluation has been given by someone appointed by the judge to represent the <strong>child</strong>.<br />
707 KAR 1:340, Section 6(1)<br />
The district does not require parental consent for the initial evaluation of <strong>child</strong>ren and youth who are<br />
in the custody of the state or who are in foster care when:<br />
A. Despite reasonable efforts, the district cannot discover the whereabouts of the parent;<br />
B. The rights of the parent have been terminated by a court of competent jurisdiction and<br />
this termination is on file in the student record; or<br />
C. The district discovers that the rights of the parent to make <strong>education</strong>al decisions have<br />
been subrogated by a court of competent jurisdiction and when an individual appointed<br />
by the court to represent the <strong>child</strong> has given consent to the initial evaluation.<br />
The ARC chairperson/district representative follows the procedures for representation of <strong>child</strong>ren<br />
outlined in this chapter.<br />
The ARC chairperson/district representative maintains detailed records, including the date of the<br />
attempted contact and the name of the person attempting the contact. The records, copies of any<br />
correspondence sent to the parent, and any response received are filed in the <strong>child</strong>’s special<br />
<strong>education</strong> record.<br />
Consent for Provision of Special Education and Related Services<br />
The ARC chairperson/district representative obtains written, informed parental consent prior to the<br />
first time a <strong>child</strong> or youth receives special <strong>education</strong> and related services (initial placement). The<br />
consent statement explains that special <strong>education</strong> and related services will be provided as described<br />
in an IEP and in the placement specified by the ARC in the IEP.<br />
The written consent form includes a place for the date and the parent’s signature and states that the<br />
parent understands and agrees:<br />
A. To the provision of special <strong>education</strong> and related services in the least restrictive<br />
environment; and<br />
B. That consent is given voluntarily; and<br />
C. That consent may be revoked at any time and that the revocation is not retroactive.<br />
The written consent to provide special <strong>education</strong> and related services is accompanied by the written<br />
notice of the ARC proposed action (meeting summary) that the <strong>child</strong> or youth is determined to be<br />
disabled and is eligible to receive special <strong>education</strong> and related services.<br />
Once the parent gives consent for a <strong>child</strong> or youth with disabilities to receive special <strong>education</strong> and<br />
related services, the district does not require any additional written consent from the parent for<br />
8 7: Procedural Safeguards
continued placement or for the <strong>child</strong> or youth to continue to receive special <strong>education</strong> and related<br />
services. After the <strong>child</strong>’s or youth’s initial placement, any changes in his or her special <strong>education</strong><br />
program are subject to prior notice requirements but are not subject to additional written parental<br />
consent.<br />
If the parent revokes consent, the <strong>child</strong> or youth would receive his or her <strong>education</strong> in all regular<br />
<strong>education</strong> classes with no services or supports from an IEP.<br />
Consent for Reevaluation<br />
The LEA shall obtain consent before conducting a reevaluation of a <strong>child</strong> with a disability. If the parent refused to<br />
consent, the LEA may pursue the reevaluation by using the procedures in this administrative regulation for mediation,<br />
dispute resolution meeting, or a due process hearing.<br />
Parental consent for reevaluation shall not be required if the LEA can demonstrate that:<br />
(a) It made reasonable efforts to obtain such consent and followed the procedures in subsection (4) of this section of this<br />
administrative regulation to show those efforts; and<br />
(b) The parent failed to respond.<br />
707 KAR 1:340, Section 5(6-7)<br />
If the parent responds and refuses to consent to the proposed reevaluation, the procedures in the next<br />
section must be followed. (Also see Chapter 3, “Child Find, Evaluation, and Reevaluation.”)<br />
Denial or Revocation of Parental Consent<br />
If the parent of a <strong>child</strong> with a disability refuses to consent to the initial evaluation or fails to respond to a request to<br />
provide consent, the LEA may pursue the initial evaluation by using the procedures in this administrative regulation for<br />
mediation, dispute resolution meeting, or a due process hearing. However, the LEA shall still be considered to be in<br />
compliance with 707 KAR 1:300, Section 4 and 707 KAR 1:310 if it declines to pursue the evaluation.<br />
707 KAR 1:340, Section 5(2)<br />
If the parent denies or revokes consent for an initial evaluation, the ARC chairperson/district<br />
representative will document the parent’s decision in the meeting summary. The ARC<br />
chairperson/district representative contacts the executive director of ECE with a request for<br />
consultation regarding the refusal. In consultation with school personnel, the executive director of<br />
ECE will determine if mediation or a due-process hearing will be requested to obtain consent for the<br />
proposed action. If the executive director of ECE does not pursue mediation or a due-process<br />
hearing, the district is still in compliance with Child Find regulations.<br />
If the parent of a <strong>child</strong> refuses to give consent for the provision of initial specially designed instruction and related<br />
services or fails to respond to request for consent, the LEA shall not provide such services and shall not use a due<br />
process hearing or mediation procedures in order to obtain agreement or a ruling that the services may be provided to the<br />
<strong>child</strong>. 707 KAR 1:340, Section 5(5)<br />
7: Procedural Safeguards 9
The LEA shall not be considered to be in violation of the requirements to make a free appropriate public <strong>education</strong><br />
available to the <strong>child</strong> if the LEA decides not to pursue the consent through due process procedures set out in Section 9<br />
and 11 of this administrative regulation and the LEA shall not be required to convene an ARC meeting or develop an<br />
IEP § if the parent of the <strong>child</strong>:<br />
(a) Fails to respond or refuses to consent to a request for evaluation;<br />
(b) Fails to respond or refuses to consent to a request for services; or<br />
(c) Refuses to consent to a reevaluation.<br />
707 KAR 1:340, Section 5(9)<br />
If consent is denied or revoked for the initial provision of special <strong>education</strong> and related services, the<br />
ARC chairperson/district representative documents the denial of consent. No further action is<br />
pursued by the district. The <strong>child</strong> or youth remains in the regular <strong>education</strong> environment, and the<br />
district is not in violation of requirements to provide FAPE.<br />
If the parent revokes consent, that revocation is not retroactive. The withdrawal of consent does not<br />
negate an action that occurred after consent was first given and before it was withdrawn.<br />
SECTION VI<br />
REPRESENTATION OF CHILDREN AND YOUTH<br />
The ARC chairperson/district representative makes sure that each <strong>child</strong> or youth is represented by a<br />
parent at all decision-making points in the process of identification, evaluation, placement, and the<br />
provision of FAPE.<br />
The ARC chairperson/district representative verifies the location, legal status, and availability of<br />
parents/guardians prior to taking any action with regard to identification, evaluation, placement, or<br />
the provision of FAPE.<br />
“Parent” means:<br />
(a) A biological or adoptive parent of a <strong>child</strong>;<br />
(b) A guardian generally authorized to act as the <strong>child</strong>’s parent, or authorized to make <strong>education</strong>al decisions for the<br />
<strong>child</strong>, but not the state if the <strong>child</strong> is a ward of the state;<br />
(c) A person acting in the place of a biological or adoptive parent such as a grandparent or stepparent or other relative<br />
with whom the <strong>child</strong> lives, or a person who is legally responsible for the <strong>child</strong>’s welfare;<br />
(d) A foster parent if the biological or adoptive parents’ authority to make <strong>education</strong>al decisions on the <strong>child</strong>’s behalf<br />
has been extinguished and the foster parent has an ongoing, long-term parental relationship with the <strong>child</strong>, is willing<br />
to make the <strong>education</strong> decisions required of parents under 707 KAR Chapter 1, and has no interest that would<br />
conflict with the interests of the <strong>child</strong>;<br />
(e) A foster parent if the biological or adoptive parent grants authority in writing for the foster parent to make<br />
<strong>education</strong>al decisions on the <strong>child</strong>’s behalf, and the foster parent is willing to make <strong>education</strong>al decisions required of<br />
parents under 707 KAR Chapter 1, and has no interest that would conflict with the interests of the <strong>child</strong>; or<br />
(f) A surrogate parent who has been appointed in accordance with 707 KAR 1:340, Section 6.<br />
707 KAR 1:002, Section 1(43)<br />
Determination of Representation<br />
No later than at the time of referral, the ARC chairperson/district representative, through a review of<br />
§ Individual Education Program (IEP)<br />
10 7: Procedural Safeguards
the records of the <strong>child</strong> or youth, determines if he or she is:<br />
A. To be represented by an adult, such as a parent/guardian, a person acting as a parent, a<br />
surrogate parent, or a long-term foster parent; or<br />
B. Emancipated and, therefore, represents himself or herself in <strong>education</strong>al decision making.<br />
If the ARC chairperson/district representative determines that a <strong>child</strong> or youth is to be represented by<br />
someone other than a biological or an adoptive parent, the ARC chairperson/district representative<br />
documents the findings on the appropriate district form. Copies of the form and appropriate<br />
verifying documents are filed in the <strong>child</strong>’s or youth’s <strong>education</strong> record and are sent to the<br />
coordinator of ECE Placement.<br />
Biological or Adoptive Parents<br />
The biological or adoptive parent, when attempting to act as the parent and when more than one (1) party meets the<br />
definition of parent under 707 KAR 1:002(43), shall be presumed to be the parent for purposes of 707 KAR Chapter 1<br />
unless the biological or adoptive parent does not have the legal authority to make <strong>education</strong>al decisions for the <strong>child</strong>. If<br />
there is a judicial order that identifies a specific person or persons who meets the definition of "parent" in Section<br />
1(43)(a) through (d) of 707 KAR 1:002 to act as the parent of a <strong>child</strong> or to make <strong>education</strong>al decisions on behalf of a<br />
<strong>child</strong>, the order shall prevail. 707 KAR 1:340.Section 6(2)<br />
Either parent, the mother or the father, whether he or she is biological or adoptive, has parental rights<br />
unless there has been a judicial determination that limits or terminates his or her rights. Parents are<br />
considered available when a current residence or mailing address is identified by the ARC<br />
chairperson/district representative.<br />
If the <strong>child</strong> or youth is not residing with either parent, then the ARC chairperson/district<br />
representative obtains the name and address of either of the parents and any documents that affect<br />
the parent’s legal status regarding <strong>education</strong>al decision making. These procedures are followed<br />
whether or not the current custodial arrangement is an informal agreement between the parent and<br />
the custodian or is a result of a state agency or court action.<br />
Legal Guardian<br />
If the ARC chairperson/district representative determines that the <strong>child</strong> or youth is represented by a<br />
legal guardian, the ARC chairperson/district representative obtains from the guardian a copy of the<br />
court order that establishes the legal guardianship. The ARC chairperson/district representative<br />
places a copy of the court order in the <strong>education</strong> record of the <strong>child</strong> or youth.<br />
If there is no parent available and the person caring for the <strong>child</strong> or youth is doing so as the result of<br />
a state agency or court action, rather than through an informal arrangement that was voluntarily<br />
agreed to by the parent, the ARC chairperson/district representative requires this person to provide<br />
information regarding the legal status of the rights of the parent with respect to the <strong>child</strong> or youth.<br />
This person does not qualify as the <strong>education</strong>al representative unless he or she is a private individual<br />
who can produce a court order that he or she has been granted private guardianship of the <strong>child</strong> or<br />
youth (as opposed to state appointed guardianship). Without such private guardianship, he or she<br />
may not represent the <strong>child</strong> or youth (e.g., sign permission or other due-process forms), and without<br />
7: Procedural Safeguards 11
written parental permission, he or she is not allowed access to the <strong>education</strong> records of the <strong>child</strong> or<br />
youth.<br />
Person Acting as a Parent<br />
If the ARC chairperson/district representative determines that there is no parent available and the<br />
person with whom the <strong>child</strong> or youth resides is a family member, friend, or other person with whom<br />
the parent has made an informal arrangement to care for the <strong>child</strong> or youth without state agency or<br />
court intervention, the ARC chairperson/district representative determines that this is a person acting<br />
as a parent and, as such, has all of the rights of a parent until the parent returns to reclaim his or her<br />
rights.<br />
A person acting as a parent is a relative of the <strong>child</strong> or youth or is a private individual whom the<br />
parents/guardians allow to act as the parent. For example, a grandparent, neighbor, governess, friend,<br />
or private individual who cares for the <strong>child</strong> or youth with the explicit or tacit approval of the<br />
parent/guardian would qualify as a person acting as a parent.<br />
A person acting as a parent is documented on the appropriate district form.<br />
Commitment to Commonwealth of Kentucky Cabinet for Families and Children or Kentucky<br />
Department of Juvenile Justice<br />
If the <strong>child</strong> or youth has been committed to the Commonwealth of Kentucky Cabinet for Families<br />
and Children (CFC) or the Kentucky Department of Juvenile Justice (DJJ) and parental rights have<br />
not been terminated, then the ARC chairperson/district representative involves the parent in<br />
<strong>education</strong> decision making and no surrogate parent is assigned.<br />
If the ARC chairperson/district representative determines that the parental rights have been<br />
terminated by the court, then he or she obtains a copy of the court order verifying that the <strong>child</strong> or<br />
youth is a ward of the state. The ARC chairperson/district representative includes the copy of the<br />
court order in the <strong>education</strong> record of the <strong>child</strong> or youth. The coordinator of ECE Placement appoints<br />
a surrogate parent in accordance with the procedures in this section.<br />
On rare occasions, and in instances that involve protection of the <strong>child</strong> or youth, the CFC may state<br />
that parents must not learn information regarding the whereabouts of their <strong>child</strong> or youth. In such<br />
cases, the CFC should present to the district a court order that prohibits parent involvement with the<br />
<strong>child</strong> or youth. A copy of the order is obtained by the district and placed in the <strong>child</strong>’s or youth’s<br />
records, and the coordinator of ECE Placement appoints a surrogate in accordance with the<br />
procedures in this section.<br />
If no parent is known, if his or her whereabouts cannot be determined, or if parental rights have been<br />
terminated, the ARC chairperson/district representative must determine if someone is acting as a<br />
parent. If it is determined that someone is acting as the parent, then that person is involved in<br />
<strong>education</strong>al decision making.<br />
12 7: Procedural Safeguards
Foster Parent<br />
The ARC chairperson/district representative verifies whether the <strong>child</strong> or youth resides in a foster<br />
home or is otherwise in the custody of a state agency.<br />
If the <strong>child</strong> or youth is placed with foster parents, the ARC chairperson/district representative<br />
determines whether parental rights have been terminated, and the procedures in the subsection above<br />
are followed. If no parent is known, if his or her whereabouts cannot be determined, or if parental<br />
rights have been terminated, the coordinator of ECE Placement may assign the foster parent as a<br />
surrogate parent in accordance with the procedures in this section.<br />
When parental rights have not been terminated and when the parent has given the foster parent<br />
permission in writing to make <strong>education</strong>al decisions for the <strong>child</strong>, the foster parent can act as the<br />
<strong>education</strong>al representative under the following conditions:<br />
A. The foster parent is willing to make the <strong>education</strong>al decisions required of parents under<br />
special <strong>education</strong> regulations; and<br />
B. The foster parent has no interest that would conflict with the interests of the <strong>child</strong> or<br />
youth.<br />
In the event that parental rights have been terminated, the foster parent may act as the parent without<br />
the need for appointment as surrogate parent under the following conditions:<br />
A. The foster parent has an ongoing, long-term parental relationship with the <strong>child</strong> or youth;<br />
B. The foster parent is willing to make the <strong>education</strong>al decisions required of parents under<br />
special <strong>education</strong> regulations; and<br />
C. The foster parent has no interest that would conflict with the interests of the <strong>child</strong> or<br />
youth.<br />
Emancipation<br />
When a <strong>child</strong> with a disability reaches the age of majority, all rights under 707 KAR Chapter 1 shall transfer from the<br />
parents to the <strong>child</strong>, unless the <strong>child</strong> has been declared incompetent under KRS Chapter 387 in a court of law. An LEA<br />
shall notify the <strong>child</strong> with a disability and the parents of the transfer of the rights.<br />
707 KAR 1:340, Section 6(11)<br />
Unless the parent so notifies the school, district personnel assume that the youth at age eighteen (18)<br />
is emancipated and is able to make informed decisions.<br />
At least one (1) year prior to the <strong>child</strong> reaching the age of majority, the IEP shall include a statement that the <strong>child</strong> has<br />
been informed of the <strong>child</strong>’s rights under 707 KAR Chapter 1, and that the rights will transfer to the <strong>child</strong> upon reaching<br />
the age of majority. 707 KAR 1:320, Section 5(14)<br />
Beginning with the ARC meeting when the youth is age seventeen (17), the IEP includes a statement<br />
that the youth with a disability has been informed of the transfer of rights at age eighteen (18).<br />
At least one year before a youth’s eighteenth (18th) birthday, as identified through the <strong>child</strong> tracking<br />
7: Procedural Safeguards 13
system, the executive director of ECE/designee provides written notice to the parent that the rights<br />
previously held by the parent will transfer to the youth at the age of eighteen (18) unless the parent<br />
provides the district with evidence that there is a court order or legal document showing the parent as<br />
the guardian or representative of the youth in <strong>education</strong>al matters.<br />
A youth who is, or has been, married is also considered emancipated.<br />
Surrogate Parent<br />
The LEA shall ensure the rights of a <strong>child</strong> are protected by appointing a surrogate parent to make <strong>education</strong>al decisions<br />
for the <strong>child</strong> if:<br />
(a) No individual can be identified as a parent as defined in 707 KAR 1:002;<br />
(b) An LEA, after reasonable efforts, cannot discover the whereabouts of the parents;<br />
(c) The <strong>child</strong> is a ward of the state; or<br />
(d) The <strong>child</strong> is unaccompanied homeless youth as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C.<br />
11431. 707 KAR 1:340, Section 6(3)<br />
The LEA shall keep a record of the reasonable efforts it made to discover the whereabouts of the parents, such as:<br />
(a) Detailed records of the telephone calls made or attempted and the results of those calls;<br />
(b) Copies of correspondence sent to the parents and any responses received; and<br />
(c) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.<br />
707 KAR 1:340, Section 6(4)<br />
An LEA shall have a procedure for determining whether a <strong>child</strong> needs a surrogate parent and assigning a surrogate<br />
parent to the <strong>child</strong>. The surrogate parent of the <strong>child</strong> shall have all the rights afforded parents under Part B of IDEA, 34<br />
C.F.R. Part 300, and 707 KAR Chapter 1, to make decisions about <strong>education</strong>al issues for a <strong>child</strong>.<br />
707 KAR 1:340, Section 6(5)<br />
The district recruits individuals who are willing serve as volunteer surrogate parents. Payment of a<br />
foster parent by CFC for providing care to a <strong>child</strong> or youth does not make the foster parent an<br />
employee of the CFC for the purpose of determining eligibility status as a surrogate parent. The fact<br />
that a person receives payment for being a foster parent does not disqualify him or her from being<br />
appointed as a surrogate under the non-employee requirement.<br />
The surrogate parent may represent the <strong>child</strong> in all matters relating to the identification, evaluation, and <strong>education</strong>al<br />
placement of the <strong>child</strong> and the provision of FAPE to the Child. 707 KAR 1:340, Section 6(10)<br />
The surrogate, as the <strong>education</strong>al representative of the <strong>child</strong> or youth, exercises all of the <strong>education</strong>al<br />
rights, responsibilities, and authorities as a parent of the <strong>child</strong> or youth, such as the rights to:<br />
A. Receive prior written notice of proposed or refused actions;<br />
B. Provide or deny consent;<br />
C. Participate in ARC meetings; in the development, review, and revision of IEPs; and in the<br />
development of placement recommendations;<br />
D. Protection under confidentiality;<br />
E. Request an independent <strong>education</strong>al evaluation of the <strong>child</strong> or youth; and<br />
F. Request an impartial due-process hearing and appeal.<br />
An individual may serve as a surrogate until:<br />
14 7: Procedural Safeguards
A. The return of the parents;<br />
B. The youth reaches the age of majority<br />
C. The emancipation of the youth; or<br />
D. The surrogate no longer meets the qualifications and criteria for assignment described in<br />
this section.<br />
Selection of Surrogate Parent Volunteers<br />
An LEA shall have a procedure for selecting surrogates. A surrogate:<br />
(a) Shall not be an employee of the Kentucky Department of Education, the LEA, or any other agency that is involved<br />
in the <strong>education</strong> or care of the <strong>child</strong>;<br />
(b) Shall not have any personal or professional interest that conflicts with the interests of the <strong>child</strong>; and<br />
(c) Shall have knowledge and skills that ensure adequate representation of the <strong>child</strong>. 707 KAR 1:340, Section 6(6)<br />
In the case of a <strong>child</strong> who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional<br />
shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents<br />
without regard to the criteria listed in until a surrogate parent can be appointed that meets all the requirements of this<br />
section. 707 KAR 1:430, Section 6(8)<br />
The district procedures for the selection and assignment of surrogate parents include:<br />
A. A method for determining whether a <strong>child</strong> or youth needs a surrogate parent; and<br />
B. A method for selecting and assigning a surrogate parent.<br />
Any individual who indicates an interest in volunteering to be a surrogate parent is asked to<br />
complete an application form and to follow district procedures for volunteers (e.g., record checks).<br />
Upon receipt of an application, the coordinator of ECE Placement reviews the completed application<br />
to ensure that the potential surrogate meets all eligibility requirements. The coordinator of ECE<br />
Placement maintains a file of all eligible surrogate-parent applications. This file includes the names,<br />
addresses, telephone numbers, and training status of the individuals who have agreed to serve as<br />
surrogate parents.<br />
Assignment of a Surrogate<br />
An LEA shall make reasonable efforts to ensure the assignment of a surrogate not more than thirty (30) days after there<br />
is a determination by the LEA that the <strong>child</strong> needs a surrogate.. 707 KAR 1:340, Section 6(9)<br />
The coordinator of ECE Placement sends a letter that explains the rights and responsibilities to the<br />
surrogate. The letter contains a statement of commitment and acceptance, which the appointed<br />
surrogate signs and returns to the coordinator of ECE Placement. The explanation of the rights and<br />
responsibilities stipulates that the surrogate will:<br />
A. Become acquainted with the <strong>child</strong> or youth and his or her <strong>education</strong>al needs;<br />
B. Be accessible to the <strong>child</strong> or youth and school personnel as needed;<br />
C. Represent the <strong>education</strong>al interests of the <strong>child</strong> or youth to the best of his or her ability;<br />
D. Have no other vested interest that would conflict with fulfilling the responsibilities to the<br />
<strong>child</strong> or youth; and<br />
E. Keep confidential the information in the <strong>education</strong> records of the <strong>child</strong> or youth.<br />
7: Procedural Safeguards 15
Training Surrogate Parents<br />
The coordinator of ECE Placement/designee provides information and training to persons selected as<br />
surrogate parents to ensure that they have sufficient knowledge and skills to effectively represent the<br />
<strong>child</strong> or youth. Such information and training include:<br />
A. The role of the surrogate parent;<br />
B. The rights and responsibilities of parents of <strong>child</strong>ren and youth with disabilities;<br />
C. Available resources for additional information and assistance;<br />
D. The nature and severity of disabilities;<br />
E. Special <strong>education</strong> programs and services;<br />
F. Procedures to follow to be excused from appointment when there is a potential conflict of<br />
interest;<br />
G. Conditions for termination as a surrogate; and<br />
H. Notification that the surrogate has the right to represent the <strong>child</strong> or youth in all matters<br />
related to the <strong>education</strong>al rights of the <strong>child</strong> or youth.<br />
Termination of a Surrogate Parent Assignment<br />
The coordinator of ECE Placement/designee notifies the surrogate in writing of termination:<br />
A. Because the parent becomes known or is located;<br />
B. Upon emancipation of the youth;<br />
C. Because the surrogate no longer meets the qualifications and criteria for assignment<br />
described in this section; or<br />
D. Because the surrogate is not fulfilling his or her responsibilities.<br />
If the coordinator of ECE Placement/designee determines that the surrogate is no longer needed due<br />
to any of the reasons listed above, the coordinator sends the surrogate written notice informing him<br />
or her of the termination and indicating the reasons for termination. A copy of the letter is<br />
maintained in the office of the coordinator of ECE Placement.<br />
The coordinator of ECE Placement/designee determines if the <strong>child</strong> or youth continues to require a<br />
surrogate according to procedures in this section. If the <strong>child</strong> or youth continues to need surrogate<br />
representation, the coordinator follows the procedures in this section.<br />
If it is necessary for a surrogate to resign for personal reasons (e.g., moved, is ill, has other<br />
commitments), the coordinator of ECE Placement/designee maintains written documentation of the<br />
resignation and sends a written acknowledgment to the surrogate parent. The coordinator of ECE<br />
Placement/designee determines the need for and assigns a new surrogate according to the procedures<br />
in this section.<br />
Written documentation regarding any disagreement about the choice of a surrogate parent is<br />
maintained in the office of the coordinator of ECE Placement.<br />
16 7: Procedural Safeguards
SECTION XII<br />
STATE COMPLAINT PROCEDURES<br />
Included in the procedural safeguards notice is information on the right to file a complaint with the<br />
Kentucky Department of Education (KDE), the procedures for filing, the required information for<br />
filing, and the timelines for resolution.<br />
Right to File a Complaint<br />
Any organization or individual including someone from outside the state may file a signed written complaint under this administrative<br />
regulation. 707 KAR 1:340 Section 7 (2)<br />
The complaint shall include:<br />
(a) A statement that the LEA or other public agency providing <strong>education</strong>al services to identified students has violated a requirement<br />
of 707 Chapter 1 or IDEA ** administrative regulations;<br />
(b) The facts on which the statement is based;<br />
(c) A signature and contact information for the complainant;<br />
(d) Name and residence of the <strong>child</strong>, or contact information, if the <strong>child</strong> is homeless under the McKinney-Vento Homeless<br />
Assistance Act, 42 U.S.C. Section 11431;<br />
(e) Name of the school the <strong>child</strong> is attending;<br />
(f) A description of the nature of the problem, including facts related to the problem;<br />
(g) A proposed resolution of the problem to the extent it is known and available to the complainant at the time of the filing; and<br />
(h) Information indicating that the violation did not occur more than one (1) year prior to the date of the receipt of the complaint.<br />
The party filing the complaint shall forward a copy to the LEA.<br />
707 KAR 1:340 Section 7 (3-4)<br />
Parents, individuals, and organizations — from inside or outside the state — have the right to submit<br />
to KDE a signed, written complaint alleging violations of state and federal requirements of the<br />
Individuals with Disabilities Education Act (IDEA).<br />
Procedures for Addressing the Complaint<br />
The following procedures shall apply to the Kentucky Department of Education as to written complaints submitted pursuant to the 34<br />
CFR 300.151 through 300.153;<br />
(a) The Kentucky Department of Education shall have sixty (60) days after a complaint is filed to carry out an independent<br />
investigation, if necessary;<br />
(b) The complainant and the LEA shall each have an opportunity to submit additional information about any allegation in the<br />
complaint;<br />
(c) The LEA shall have an opportunity to respond to the complaint including, at least:<br />
1. A proposal to resolve the complaint; and<br />
2. An opportunity for the parent who has filed the complaint and the LEA to voluntarily engage in mediation;<br />
(d) The department shall review all relevant information; and<br />
(e) The department shall issue a written decision addressing each allegation in the complaint and containing the findings of fact and<br />
conclusions and the reasons for the final decision.<br />
707 KAR 1:340 Section 7 (1)<br />
The Kentucky Department of Education shall allow an extension of the time limit under subsection (1)(a) of this section only if<br />
<strong>exceptional</strong> circumstances exist or if the parent and the LEA agree to extend the time line to engage in mediation or other alternative<br />
means of dispute resolution.. 707 KAR 1:340 Section 7 (6)<br />
The district may investigate a complaint and submit the investigation and results to KDE. KDE must<br />
review the findings to determine their sufficiency.<br />
** Individuals with Disabilities Education Act (IDEA)<br />
7: Procedural Safeguards 17
The executive director of ECE receives from KDE staff a written notice of any filed complaint. The<br />
executive director of ECE decides if the district will conduct its own investigation or make all<br />
relevant documents, including the due-process folder, available to the KDE Division of Exceptional<br />
Children Services (KDE/DECS) for its investigation. If the district conducts its own investigation,<br />
the executive director of ECE reviews all information and consults with appropriate staff to prepare<br />
a report to be submitted to KDE/DECS staff.<br />
Right to Appeal a Written Decision From KDE/DECS<br />
The complainant, parent or the LEA shall have a right to appeal the written decision from a complaint to the<br />
Commissioner of the Kentucky Department of Education. The appeal shall be filed within fifteen (15) business days of<br />
the receipt of the decision. 707 KAR 1:340, Section 7(5)<br />
Implementation of Final Decision<br />
The Kentucky Department of Education shall ensure the final decision from a complaint shall be effectively<br />
implemented. To achieve compliance, the Department of Education may apply:<br />
(a) Technical assistance activities;<br />
(b) Negotiations; or<br />
(c) Corrective actions. 707 KAR 1:340, Section 7(7)<br />
SECTION VIII<br />
MEDIATION PROCEDURES<br />
Information regarding mediation is included in the procedural safeguards notice provided by the<br />
district.<br />
Right to Mediation<br />
An LEA and parent of a <strong>child</strong> with a disability shall have the right to request mediation from the Kentucky Department<br />
of Education to resolve any disputes that may arise under 707 KAR Chapter 1. 707 KAR 1:340, Section 8(1)<br />
The Kentucky Department of Education shall maintain a list of qualified mediators who shall:<br />
(a) Not be an employee of the Kentucky Department of Education or the LEA that is involved in the <strong>education</strong> or care<br />
of the <strong>child</strong>;<br />
(b) Be chosen at random for the mediation process; and<br />
(c) Not have a personal or professional conflict of interest. 707 KAR 1:340 Section 9 (2)<br />
The Kentucky Department of Education shall bear the cost of the mediation process.<br />
The sessions in the mediation process shall be:<br />
(a) Scheduled in a timely manner not to exceed sixty (60) days; and<br />
(b) Held at a location that is convenient to both parties to the dispute.<br />
707 KAR 1:340 Section 9 (3)<br />
707 KAR 1:340 Section 9 (4)<br />
In a mediation session in which a resolution is reached by the parties, a legally-binding written agreement shall be<br />
executed that:<br />
(a) Sets forth the resolution and timeline in which it shall be implemented;<br />
18 7: Procedural Safeguards
(b) States that all discussions that occurred in the mediation process shall be confidential; and<br />
(c) May not be used as evidence in any subsequent due process hearing or civil proceeding.<br />
707 KAR 1:340 Section 9 (5)<br />
Both the parent and a representative of the LEA who has the authority to bind the LEA shall sign the agreement. The<br />
agreement shall be enforceable in any state court of competent jurisdiction or in a district court of the United States.<br />
707 KAR 1:340 Section 9 (6)<br />
Mediation may address issues surrounding the <strong>education</strong> of the <strong>child</strong>, including ongoing alleged violations of IDEA,<br />
compensatory <strong>education</strong>, or any other issue related to the <strong>child</strong>’s enrollment in the school district.<br />
707 KAR 1:340 Section 9 (7)<br />
Requirements of Mediation<br />
The mediation process, if chosen, shall:<br />
(a) Be voluntary;<br />
(b) Not be used to deny or delay a parent’s right to a due process hearing under Sections 8 and 11 of this administrative<br />
regulation or 34 CFR Section 300.507, or to deny any other rights afforded under this administrative regulation or<br />
IDEA Subpart E; and<br />
(c) Be conducted by a qualified and impartial mediator trained in effective mediation techniques.<br />
707 KAR 1:340 Section 9(1)<br />
The district may offer mediation to the parent as an option to settle differences concerning<br />
identification, evaluation, placement, or the provision of FAPE. Mediation is not required, but its<br />
availability must be explained to the parents by the district anytime a due-process hearing is<br />
requested. The executive director of ECE and the parent must jointly submit a written request to<br />
KDE for mediation. A document explaining the guidelines for mediation is available from the<br />
district or KDE/DECS.<br />
Dispute Resolution<br />
Within fifteen (15) days of receiving notice of parental request for a due process hearing, the LEA shall convene a<br />
meeting with the parent and the relevant member or members of the ARC who have specific knowledge of the facts<br />
identified in the due process hearing request. The parent and the LEA shall determine the relevant ARC members to<br />
attend the resolution session. A representative of the LEA who has decision-making authority on behalf of the LEA shall<br />
also attend this meeting. An attorney for the LEA shall not attend the meeting unless an attorney accompanies the parent.<br />
707 KAR 1:340 Section 10 (1)<br />
Within fifteen (15) days of receiving notice of a parent request for a due-process hearing, the<br />
executive director of ECE/designee contacts the <strong>Jefferson</strong> <strong>County</strong> Board of Education (JCBE)<br />
attorney to schedule a meeting with the parent. The executive director of ECE/designee and the<br />
parent determine the district personnel who have knowledge about the facts as identified in the dueprocess<br />
hearing request. The executive director of ECE/designee arranges for the appropriate district<br />
personnel to attend the meeting. The JCPE attorney does not attend the meeting unless the parent is<br />
requesting the attendance of his or her attorney.<br />
The purpose of the meetings is:<br />
(a) To allow the parents to discuss their due process hearing request;<br />
(b) To discuss the facts that formed the basis of the request; and<br />
(c) To give the LEA an opportunity to resolve the complaint. 707 KAR 1:340 Section 10 (2)<br />
7: Procedural Safeguards 19
This meeting shall not take place if the parents and the LEA agree in writing to waive the meeting or agree to use the<br />
mediation process.<br />
707 KAR 1:340 Section 10 (3)<br />
A Resolution to the Dispute<br />
If the parties reach a resolution to the dispute, the parties shall execute a legally-binding agreement that is:<br />
(a) Signed by both the parent and a representative of the LEA who has the authority to bind the LEA; and<br />
(b) Is enforceable in any state court of competent jurisdiction or a district court of the United States.<br />
707 KAR 1:340 Section 10 (4)<br />
The executive director of ECE/designee places a copy of the resolution of a dispute in the student’s<br />
special <strong>education</strong> record.<br />
The dispute resolution agreement may be voided by either party within three (3) business days of the agreement’s<br />
execution. 707 KAR 1:340 Section 10 (5)<br />
If the LEA has not resolved the complaint to the satisfaction of the parents within thirty (30) days of the receipt of the<br />
due process hearing request, the due process hearing may occur. 707 KAR 1:340 Section 10 (6)<br />
The timeline for issuing a final decision pursuant to 34 CFR 300.515 shall begin at the expiration of the thirty (30) day<br />
timeline referred to in subsection (6) of this section, except for adjustments allowed in subsections (11) and (12) of this<br />
section. 707 KAR 1:340 Section 10 (7)<br />
Failure to Hold a Meeting<br />
The failure of the parent who filed the due process hearing request to participate in the resolution meeting shall delay the<br />
timelines for the resolution process and the due process hearing until the meeting is held unless the parties have jointly<br />
agreed to waive the resolution process or use mediation.<br />
If the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been<br />
made and documented, the LEA may request, at the conclusion of the thirty (30) day period, that a hearing officer<br />
dismiss the parent’s due process hearing request.<br />
707 KAR 1:340 Section 10 (8-9)<br />
If the parent refused to participate in the resolution process, the timelines for the resolution process<br />
and hearing are delayed. If the district cannot obtain the participation of the parent in the resolution<br />
process, the JCBE attorney notifies the due-process hearing officer of the parent’s failure to<br />
participate.<br />
The LEA shall keep a record of the reasonable efforts make to obtain the participation of the parents in the resolution<br />
meeting such as:<br />
(a) Detailed records of telephone calls made or attempted and the results of those calls;<br />
(b) Copies of correspondence sent to the parents and any responses received; and<br />
(c) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.<br />
707 KAR 1:340 Section 10 (10)<br />
20 7: Procedural Safeguards
District personnel keep detailed records, including the date of the attempted contact and the name of<br />
the person attempting the contact. The records, copies of any correspondence sent to the parent, and<br />
any response received are filed in the student’s special <strong>education</strong> record.<br />
If the LEA fails to hold the resolution meeting within fifteen (15) days of receiving the notice of a parent’s due process<br />
hearing request or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer<br />
to begin the forty-five (45) day due process hearing timeline in 34 CFR 300.515.<br />
707 KAR 1:340 Section 10 (11)<br />
Timeline of the Due-Process Hearing<br />
The forty-five (45) day timeline for the due process hearing in 34 CFR 300.515 starts the day after one (1) of the<br />
following events:<br />
(a) Both parties agree in writing to waive the resolution meeting;<br />
(b) After either the mediation or resolution meeting starts but before the end of the thirty (30) day period, the parties<br />
agree in writing that no agreement is possible; or<br />
(c) If both parties agree in writing to continue the mediation at the end of the thirty (30) day resolution period, but later<br />
that parent or the LEA withdraws from the mediation process.<br />
707 KAR 1:340 Section 10 (12)<br />
SECTION IX<br />
DUE-PROCESS HEARING PROCEDURES<br />
Information regarding due-process hearings is included in the procedural safeguards notice provided<br />
by the district. If a parent unilaterally places his or her <strong>child</strong> or youth in a private school, then the<br />
parent’s hearing rights are limited to Child Find, evaluation, and reevaluation issues. See Chapter 10,<br />
“Children With Disabilities Enrolled in Private <strong>Schools</strong>.”<br />
A parent or an LEA may initiate a due process hearing on any of the matters described in the written notice relating to<br />
identification, evaluation, or <strong>education</strong>al placement of a <strong>child</strong> with a disability or the provision of FAPE to the <strong>child</strong> or<br />
the refusal to initiate or change the identification, evaluation or <strong>education</strong>al placement of the <strong>child</strong>.<br />
When a hearing is initiated, the LEA shall inform the parent of the availability of mediation to resolve the dispute.<br />
The LEA shall inform the parent of any free or low-cost legal and other relevant services available in the area if the<br />
parent requests the information or if a parent or LEA initiates a hearing. 707 KAR 1:340, Section 8(2-4)<br />
The ARC chairperson/district representative obtains a listing of free and low-cost legal services from<br />
the executive director of ECE who is responsible for providing a current list.<br />
Hearing Requests<br />
The parent of a <strong>child</strong> with a disability or the attorney representing the <strong>child</strong>, or the LEA that files a request for a hearing<br />
shall provide notice to the Kentucky Department of Education, to request a hearing. The notice shall contain:<br />
(a) The name of the <strong>child</strong>;<br />
(b) The address of the residence of the <strong>child</strong>;<br />
(c) The name of the school the <strong>child</strong> is attending;<br />
(d) A description of the nature of the problem; and<br />
(e) Facts relating to the problem and a proposed resolution to the extent known and available to the parents at the time.<br />
707 KAR 1:340 Section 11 (1)<br />
7: Procedural Safeguards 21
The Kentucky Department of Education shall provide a model form, entitled “Request for a Due Process Hearing”, that<br />
meets these requirements to assist parents in filing a request for a due process hearing.<br />
707 KAR 1:340 Section 11 (2)<br />
A party shall not have a due process hearing until the party, or the attorney representing the party, files a notice that<br />
contains the information listed in subsection (1) of this section. This notice shall be provided to the other party and to<br />
the Kentucky Department of Education. 707 KAR 1:340 Section 11 (3)<br />
The party that requests the hearing (the parent, the parent’s authorized agent, or the district) submits<br />
the Request for a Due-Process Hearing Form to the:<br />
Director of Division of Exceptional Children Services,<br />
Kentucky Department of Education<br />
Capital Plaza Tower<br />
500 Mero Street<br />
Frankfort, KY 40601<br />
If the district requests the due-process hearing, the superintendent and executive director of ECE<br />
submits the hearing request. The hearing request states:<br />
A. The name of the <strong>child</strong>;<br />
B. The address of the residence of the <strong>child</strong>;<br />
C. The name of the school the <strong>child</strong> is attending;<br />
D. A description of the nature of the problem; and<br />
E. Facts relating to the problems to the extent known and available to the parents at<br />
the time, and a proposed resolution.<br />
If, after the district requests a due-process hearing, district personnel and the parent come to an<br />
agreement on the issue(s) presented in the hearing request, the party requesting the hearing submits<br />
to the hearing officer and KDE a letter requesting cancellation of the hearing request.<br />
The procedures included in KRS Chapter 13B and IDEA Subpart E shall apply to a due process hearing.<br />
707 KAR 1:340 Section 11 (4)<br />
Appeal of Decision<br />
A party to a due process hearing that is aggrieved by the hearing decision may appeal the decision to members of the<br />
Exceptional Children Appeals Board as assigned by the Kentucky Department of Education. The appeal shall be<br />
perfected by sending, by certified mail, to the Kentucky Department of Education, a request for appeal, within thirty (30)<br />
calendar days of date of the hearing officer’s decision.<br />
A decision made by the Exceptional Children Appeals Board shall be final unless a party appeals the decision to state<br />
circuit court or federal district court.<br />
707 KAR 1:340, Section 12(1-2)<br />
22 7: Procedural Safeguards
Student Status During Pendency of Judicial Proceedings<br />
Except as provided in Sections 14 and 15 of this administrative regulation, during the pendency of any administrative or<br />
judicial proceeding, including the dispute resolution meeting the <strong>child</strong> involved in the hearing or appeal shall remain in<br />
the <strong>child</strong>’s current <strong>education</strong>al placement, unless the LEA and the parent agree to another placement. However, the <strong>child</strong><br />
shall not be required to remain in the <strong>child</strong>’s current <strong>education</strong>al placement if the complaint involves an application for<br />
initial services for a <strong>child</strong> who is transitioning from the early intervention program into preschool and the <strong>child</strong> is no<br />
longer eligible for the early intervention program due to age. In that case, the LEA shall not be required to provide the<br />
early intervention services the <strong>child</strong> had been receiving but would be required to provide any special <strong>education</strong> and<br />
related services that the <strong>child</strong> is eligible for and that are not in dispute between the parent and the LEA.<br />
If the hearing involves an application for initial admission to public school, and if there is consent of the parents, the<br />
<strong>child</strong> shall be placed in the public school until the proceedings are final.<br />
707 KAR 1:340, Section 12(3-4)<br />
If the decision of a hearing officer in a due process hearing conducted by the SEA †† or a State review official in an<br />
administrative appeal agrees with the <strong>child</strong>’s parents that a change of placement is appropriate, that placement must be<br />
treated as an agreement between the State or local agency and the parents for purposes of paragraph (a) of this section.<br />
34 CFR Part 300 §300.514(c)<br />
During the pendency of any administrative proceedings (e.g., due-process hearings, appeals to the<br />
Exceptional Children Appeals Board) or judicial proceedings (i.e., civil action brought under IDEA),<br />
the district ensures that the <strong>child</strong> remains in his or her current <strong>education</strong>al placement, unless the<br />
district and the parent agree otherwise. In the case of a weapon offense, drug offense, or incident<br />
involving a threat to the safety of self or others, the student remains in the alternative placement until<br />
the discipline procedures are completed in accordance with procedures in Chapter 8, “Discipline<br />
Procedures.”<br />
If the complaint involves a <strong>child</strong> who is transitioning from the early intervention program into<br />
preschool for initial services, the district provides any services that the ARC agreed upon prior to the<br />
due-process hearing request.<br />
If the administrative or judicial proceedings involve an application for initial admission to public<br />
school, the district assigns the <strong>child</strong> in an age- and grade-appropriate placement, with the consent of<br />
the parent, until the completion of the proceedings.<br />
†† state <strong>education</strong>al agency (SEA) which means the Kentucky Department of Education (KDE).<br />
7: Procedural Safeguards 23
CHAPTER 8<br />
DISCIPLINE PROCEDURES<br />
707 KAR 1:340, Sections 13-17<br />
SECTION I<br />
DISCIPLINE PROCEDURES<br />
The <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> <strong>Schools</strong> (JCPS) superintendent, executive director of Exceptional Child Education (ECE),<br />
and building principals make sure that appropriate procedures are followed in the discipline, suspension, and expulsion<br />
of <strong>child</strong>ren and youth with disabilities.<br />
As outlined in the procedures below, before suspending a <strong>child</strong> or youth for more than five (5) cumulative days in the<br />
school year, an Admissions and Release Committee (ARC) meeting is required for <strong>child</strong>ren and youth who:<br />
A. Have a disability and are receiving special <strong>education</strong> and related services; or<br />
B. Are in the process of being identified, located, evaluated, and possibly placed.<br />
Student Behavior<br />
An ARC * shall, in the case of a <strong>child</strong> whose behavior impedes his or her learning or that of others, consider, if<br />
appropriate, strategies, including positive interventions, strategies, and supports to address that behavior.<br />
707 KAR 1:320, Section 5(2)(a)<br />
Expectations for student behavior and consequences for misbehavior/policy violations are the same for all students and<br />
are detailed in the JCPS Code of Acceptable Behavior and Discipline and the Student Bill of Rights. Consequences that<br />
are applied for all students may be applied for a student with a disability, as long as the consequence does not conflict<br />
with the provisions of the Individual Education Program (IEP) or a Behavior Intervention Plan (BIP). The <strong>child</strong> or youth<br />
must continue to receive the services in the IEP, to have the opportunity to progress in the regular <strong>education</strong> curriculum,<br />
and to participate with nondisabled students to the greatest extent possible. The ARC may modify or adapt the<br />
consequences applied for all students to meet the needs of a <strong>child</strong> or youth with a disability as documented in the IEP or<br />
BIP.<br />
Special <strong>education</strong> includes instruction on appropriate behavior. When the ARC determines that behavioral interventions<br />
that are implemented with nondisabled students would be unsuccessful, the ARC should designate appropriate strategies<br />
and positive behavioral interventions and supports in the <strong>child</strong>’s or youth’s IEP.<br />
School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in<br />
placement for a <strong>child</strong> with a disability who violates a code of student conduct is appropriate.<br />
KAR 1:340, Section 13(1)<br />
School personnel may remove a <strong>child</strong> with a disability who violates a code of student conduct from his or her current<br />
placement to an appropriate interim alternative <strong>education</strong>al setting, another setting, or suspension, for not more than 10<br />
consecutive school days (to the extent such alternatives are applied to <strong>child</strong>ren without disabilities).<br />
KAR 1:340, Section 13(2)<br />
Suspension of primary school students shall be considered only in <strong>exceptional</strong> cases where there are safety issues for the<br />
<strong>child</strong> or others. KRS 158.150(8)<br />
Suspensions for Five Days or Less in a School Year<br />
The due-process procedures for short-term suspension are the same for all students and are outlined in the JCPS Code of<br />
* Admissions and Release Committee (ARC)<br />
8: Discipline 1
Acceptable Behavior and Discipline and the Student Bill of Rights. When suspensions are five (5) days or less<br />
in length, do not exceed six (6) cumulative days in a school year and are used as temporary disciplinary<br />
measures, then an ARC meeting is not required.<br />
Notice Prior to a Disciplinary ARC Meeting<br />
An LEA † shall provide written notice to the parents of a <strong>child</strong> with a disability at least twenty-four (24) hours before a<br />
meeting concerning a safety issue or a change in placement due to a violation of a code of student conduct.<br />
707 KAR 1:340, Section 3(2)<br />
Suspensions of More Than Five Cumulative Days in a School Year<br />
On the date which a decision is made to make a removal that constitutes a change of placement of a <strong>child</strong> with a<br />
disability because of a violation of the code of student conduct, the LEA shall notify the parents of the decision and<br />
provide the parents with a copy of the procedural safeguards in accordance with Section 4.<br />
707 KAR 1:340, Section 14 (6)<br />
On the date on which a decision is made to make a removal that constitutes a change of placement of a <strong>child</strong><br />
with a disability because of a violation of the code of student conduct, the LEA shall notify the parents of the<br />
decision and provide the parents with a copy of the procedural safeguards in accordance with Section 4.<br />
An ARC is required for all suspensions of more than five (5) cumulative days in a given school year. The<br />
ARC is convened within ten (10) school days of the date on which the decision is made regarding the<br />
contemplated suspension. The <strong>child</strong> or youth is not suspended until the ARC convenes and completes the<br />
procedures as outlined in this section under “Functional Behavior Assessment” and “Manifestation<br />
Determination” of this chapter.<br />
A <strong>child</strong> or youth who is suspended for more than ten (10) school days in a school year must receive<br />
<strong>education</strong>al services.<br />
An LEA shall be required to provide <strong>education</strong>al services to a <strong>child</strong> with a disability during periods of removal of ten<br />
(10) or less school days in the same school year if it provides services to <strong>child</strong>ren without disabilities who are similarly<br />
removed. 707 KAR 1:340, Section 4(8)<br />
The district need not provide <strong>education</strong>al services during periods of removal for disciplinary reasons to a <strong>child</strong><br />
or youth with a disability who has been removed from his or her current placement ten (10) school days or<br />
less in the school year if services are not provided to a student without disabilities who has been similarly<br />
removed.<br />
Functional Behavior Assessment and Behavior Intervention Plan<br />
When the ARC chairperson/district representative convenes an ARC meeting to consider the suspension of a<br />
<strong>child</strong> or youth for more than five (5) cumulative days in a school year, the ARC:<br />
A. Develops a plan for conducting a Functional Behavior Assessment (FBA) if an assessment has<br />
not been conducted;<br />
B. Develops and implements a BIP if an FBA has already been conducted; or<br />
C. Reviews and modifies the FBA and the BIP, as necessary, to address the behavior if an FBA has<br />
been conducted and a BIP has been developed.<br />
† local <strong>education</strong>al agency (LEA), which means the <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District<br />
2 8: Discipline
As soon as practicable — after developing the FBA described above and completing the assessments<br />
required by the FBA — the district convenes an ARC meeting to develop appropriate behavioral<br />
interventions to address the behavior (i.e., BIP) and implements those interventions.<br />
Manifestation Determination<br />
Within ten (10) school days of any decision to change the placement of a <strong>child</strong> with a disability because of a violation of<br />
a code of student conduct, the relevant members of the <strong>child</strong>’s ARC, as determined by the LEA and the parent, shall<br />
convene a meeting to review all relevant information in the student’s file, including the <strong>child</strong>’s IEP ‡ , and teacher<br />
observations, teacher-collected data, and any relevant information provided by the parents to determine:<br />
(a) If the conduct in question was caused by, or had a direct and substantial relationship to the <strong>child</strong>’s disability; or<br />
(b) If the conduct in question was the direct result of the LEA’s failure to implement the IEP.<br />
707 KAR 1:340, Section 14(1)<br />
When the ARC convenes to review a suspension of more than five (5) cumulative days in a school<br />
year, the ARC chairperson/district representative invites relevant members of the youth’s ARC to<br />
attend the meeting.<br />
The ARC:<br />
A. Considers all relevant information, including the FBA, the BIP, and any evaluation<br />
information that describes the specific behavior(s);<br />
B. Discusses steps taken by the school to address the problem behavior; and<br />
C. Reviews the IEP and placement in relation to the behavior in question to determine:<br />
1. If the conduct in question was caused by or had a direct and substantial<br />
relationship to the <strong>child</strong>’s disability; or<br />
2. If the behavior in question was the direct result of the district’s failure to<br />
implement the IEP.<br />
If the ARC determines that the condition described in subsection (1)(b) of this section was met [the conduct in question<br />
was a direct result of a failure to implement the IEP], the LEA shall take immediate steps to remedy those deficiencies.<br />
707 KAR 1:340, Section 14(3)<br />
Behavior Is Not a Manifestation of the Disability<br />
If the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the <strong>child</strong>’s<br />
disability (as described in Section 14 of this administrative regulation), school personnel may apply the relevant<br />
disciplinary procedures to <strong>child</strong>ren with disabilities in the same manner and for the same duration as the procedures<br />
would be applied to <strong>child</strong>ren without disabilities ….. 707 KAR 1:340, Section 13(4)<br />
The ARC will determine that the behavior is not a manifestation of the <strong>child</strong>’s or youth’s disability if<br />
it is determined that the conduct in question was not:<br />
A. Caused by, or had no direct and substantial relationship, to the youth’s disability; or<br />
B. The direct result of the district’s failure to implement the IEP.<br />
‡ Individual Education Program (IEP)<br />
8: Discipline 3
If after the manifestation determination review the ARC determines that the behavior is not a<br />
manifestation of the <strong>child</strong>’s or youth’s disability, the relevant disciplinary procedures applicable to<br />
all students may be applied to the <strong>child</strong> or youth with a disability in the same manner in which they<br />
are applied to <strong>child</strong>ren and youth without disabilities. Beginning on the eleventh (11th) day of<br />
suspension within a school year, <strong>education</strong>al services must be provided. See the subsection titled<br />
“Provision of Educational Services” in this section for further information.<br />
Behavior Is a Manifestation of the Disability<br />
The conduct shall be determined to be a manifestation of the <strong>child</strong>’s disability if the ARC determines that either of the<br />
conditions in subsection (1)(a) or (b) of this section was met. 707 KAR 1:340, Section 14(2)<br />
If the ARC determines that the conduct was a manifestation of the <strong>child</strong>’s disability, the ARC shall:<br />
(a) 1. Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment<br />
before the behavior that resulted in the change of placement occurred and had implemented a behavioral intervention<br />
plan for the <strong>child</strong>; or 2. Review the behavior intervention plan, (if one had already been developed) and modify it, as<br />
necessary to address the behavior; and<br />
(b) Return the <strong>child</strong> to the placement from which the <strong>child</strong> was removed unless the LEA and the parent agree to a change<br />
of placement as part of the modification of the behavioral intervention plan or because of the special circumstances<br />
explained in subsection (5) of this section. 707 KAR 1:340, Section 14(4)<br />
The ARC will determine that the behavior is a manifestation of the <strong>child</strong>’s or youth’s disability if it<br />
is determined that the conduct in question was:<br />
A. Caused by, or had a direct and substantial relationship to, the youth’s disability; or<br />
B. The direct result of the district’s failure to implement the IEP.<br />
If after the manifestation-determination review the ARC determines that the behavior is a<br />
manifestation of the youth’s disability, the <strong>child</strong> or youth remains in his or her current placement and<br />
is not suspended.<br />
If the ARC determines that the condition described in subsection (1)(b) of this section was met [the conduct in question<br />
was a direct result of a failure to implement the IEP], the LEA shall take immediate steps to remedy those deficiencies.<br />
707 KAR 1:340, Section 14(3)<br />
If the ARC identified any deficiencies in the <strong>child</strong>’s or youth’s IEP or placement or in the<br />
implementation of the IEP or placement, the ARC will take immediate steps to remedy those<br />
deficiencies. If the behavior had not been previously addressed in the IEP, the ARC should include<br />
the development of strategies, including positive behavioral interventions, strategies and supports to<br />
address that behavior (i.e., BIP). The ARC revises the IEP, including the BIP, and placement as<br />
appropriate.<br />
Provision of Educational Services<br />
After a <strong>child</strong> with a disability has been removed from the <strong>child</strong>’s current placement for ten (10) school days in the same<br />
school year, <strong>education</strong>al services as directed in subsection 6(a) and (b) of this section shall be provided during any<br />
subsequent days of removal. 707 KAR 1:340, Section 13(5)<br />
4 8: Discipline
A <strong>child</strong> with a disability who is removed from the <strong>child</strong>’s current placement for more than ten (10) consecutive school<br />
days shall:<br />
(a) Continue to receive a free, appropriate public <strong>education</strong> so as to enable the <strong>child</strong> to continue to participate in the<br />
general curriculum, although in another setting, and to progress toward meeting the goals set out in the <strong>child</strong>’s IEP; and<br />
(b) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services, and modifications,<br />
that are designed to address the behavior violation so that it does not recur. 707 KAR 1:340, Section 13(6)<br />
The services described in subsection (6) of this section may be provided in an interim alternative <strong>education</strong>al setting.<br />
707 KAR 1:340, Section 13(7)<br />
After a <strong>child</strong> with a disability has been removed from the <strong>child</strong>’s current placement for ten (10) school days in the same<br />
school year, and the current removal is for not more then ten (10) consecutive school days and is not a change in<br />
placement because of disciplinary removals, school personnel, in consultation with at least one (1) of the <strong>child</strong>’s<br />
teachers, shall determine the extent to which <strong>education</strong>al services explained in subsection (6) of this section are needed.<br />
707 KAR 1:340, Section 13(9)<br />
Beginning on the eleventh (11th) day of suspension in the same school year, services must be<br />
provided. The ARC chairperson/district representative will consult with the <strong>child</strong>’s or youth’s<br />
special <strong>education</strong> teacher(s) and determine the services that will meet the criteria as stated above.<br />
Placement in an Alternative Educational School or Program<br />
Placement in a district alternative <strong>education</strong>al school or program may be considered by the ARC as<br />
part of the district’s continuum of placement options. For students with serious behavior violations<br />
as outlined in the Code of Acceptable Behavior and Discipline and the Student Bill of Rights, an<br />
ARC meeting is convened at the <strong>child</strong>’s school if the <strong>child</strong> or youth has been suspended more than<br />
five (5) cumulative days within the school year. The ARC completes the procedures outlined in this<br />
section under “Functional Behavior Assessment and Manifestation Determination.”<br />
Behavior Is Not a Manifestation<br />
If the ARC determines that the behavior subject to disciplinary action is not a manifestation of the<br />
<strong>child</strong>’s or youth’s disability, then the relevant disciplinary procedures that are applicable to all<br />
students may be applied to the <strong>child</strong> or youth with a disability in the same manner in which they are<br />
applied to <strong>child</strong>ren and youth without disabilities.<br />
The ARC follows the procedures in the JCPS Code of Acceptable Behavior and Discipline and the<br />
Student Bill of Rights, including a referral to the JCPS Safe and Drug-Free School Department:<br />
A. For an assessment; and<br />
B. For a conference with the assistant director of Student Relations.<br />
The assistant director of Student Relations consults with school personnel regarding the findings<br />
from the assessment and/or conference. If appropriate, an ARC meeting is convened with the<br />
required members to consider placement options, including an alternative school or program.<br />
8: Discipline 5
Behavior Is a Manifestation<br />
If the ARC determines that the behavior subject to disciplinary action is a manifestation of the<br />
<strong>child</strong>’s or youth’s disability, then the ARC revises the IEP, including the BIP, and revises placement<br />
as appropriate in accordance with the procedures in this section.<br />
Additionally, the ARC may consider as an intervention a referral to the JCPS Safe and Drug-Free<br />
School Department:<br />
A. For an assessment; and<br />
B. For a conference with the assistant director of Student Relations.<br />
If a school-based ARC considers an alternative school or program as a placement option, then the<br />
assistant director of Student Relations is invited to the ARC meeting, along with appropriate ARC<br />
members including staff from the alternative school.<br />
Changes in Placement to an Interim Alternative Educational Setting for Violations Involving<br />
Weapons, Illegal Drugs, Controlled Substances, and Bodily Injury<br />
School personnel may remove a <strong>child</strong> with a disability to an interim alternative <strong>education</strong>al setting for not more than<br />
forty-five (45) school days without regard to whether the behavior is a manifestation of the <strong>child</strong>’s disability, if the <strong>child</strong>:<br />
(a) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the<br />
jurisdiction of the Kentucky Department of Education or the LEA;<br />
(b) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school, on<br />
school premises, or at a school function under the jurisdiction of the Kentucky Department of Education or the LEA; or<br />
(c) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function<br />
under the jurisdiction of the Kentucky Department of Education or the LEA.<br />
707 KAR 1:340, Section 14(5)<br />
In the event of a determination of violation under this section (weapons, drugs, or serious bodily<br />
injury), the ARC chairperson/district representative informs the parents and immediately schedules<br />
an ARC meeting, including staff from the interim alternative setting. The parent must receive a<br />
twenty-four- (24-) hour written notice of this meeting. The procedures for an FBA and a BIP are<br />
followed. (See previous information in this section.) A manifestation determination is conducted.<br />
However, a disciplinary change in placement may occur for up to forty-five (45) school days, even if<br />
the behavior is determined to be a manifestation of the disability. If the behavior is determined not to<br />
be a manifestation of the disability, then the <strong>child</strong> may be disciplined as a nondisabled <strong>child</strong> would<br />
be disciplined, with the requirement that services must be continued in accordance with the IEP.<br />
For disciplinary reasons, the ARC may order a change in placement to an interim alternative<br />
<strong>education</strong>al setting (IAES) for not more than 45 school days, even if the parent is not in agreement<br />
with the proposed placement. The ARC selects the IAES. Within forty-five (45) school days, another<br />
ARC is convened to consider all placement options, including alternative schools and programs.<br />
6 8: Discipline
SECTION II<br />
APPEALS FROM PLACEMENT DECISION<br />
The parent of a <strong>child</strong> with a disability who disagrees with any decision regarding placement under Section 13 or 14 of<br />
this administrative regulation or the manifestation determination, or an LEA that believes that maintaining the current<br />
placement of the <strong>child</strong> is substantially likely to result in injury to the <strong>child</strong> or to others may request a hearing by filing<br />
using the procedures contained in Sections 8 and 11.<br />
A hearing officer shall hear and make a determination regarding an appeal requested pursuant to subsection (1) of this<br />
section.<br />
In making a determination, the hearing officer may order a change in placement of a <strong>child</strong> with a disability. The hearing<br />
officer may:<br />
(a) Return the <strong>child</strong> to the placement from which the <strong>child</strong> was removed; or<br />
(b) Order a change in placement of the <strong>child</strong> to an appropriate interim alternative <strong>education</strong>al setting for not more<br />
than forty-five (45) school days if the hearing officer determines that maintaining the current placement is substantially<br />
likely to result in injury to the <strong>child</strong> or others.<br />
When an appeal has been requested pursuant to this section, the <strong>child</strong> shall remain in the interim alternative <strong>education</strong>al<br />
setting pending the decision of the hearing officer, or until the expiration of the time provided for in subsection (3)(b) of<br />
this section, whichever occurs first, unless the parent and the LEA agree otherwise.<br />
An appeal under this section shall:<br />
(a) Be conducted in an expedited manner;<br />
(b) Shall occur within twenty (20) school days from the date the request is filed; and<br />
(c) Shall result in a determination within ten (10) school days after the hearing.<br />
707 KAR 1:340, Section 15(1-5)<br />
In instances of extremely serious misconduct in which it appears that maintaining a <strong>child</strong> or youth in<br />
his or her current <strong>education</strong>al placement is substantially likely to result in serious injury to self or<br />
others, the district holds an ARC to review the appropriateness of the present <strong>education</strong>al program<br />
and conducts a manifestation determination to assist the ARC in determining whether the placement<br />
for the <strong>child</strong> or youth needs to be changed.<br />
If the parents refuse a change of placement as determined by the ARC, the district may choose to<br />
request an expedited due-process hearing.<br />
The JCPS superintendent and the executive director of ECE review all documentation, and make the<br />
determination to file an expedited due-process hearing request. The same process is followed for this<br />
expedited hearing request as is followed for other due-process hearing requests, except that the<br />
information prepared specifically addresses the considerations listed above for an expedited hearing<br />
and determination of placement in an IAES.<br />
A change in placement may occur as ordered by a hearing officer, even if the behavior is determined<br />
to be a manifestation of the disability. The procedures for an FBA and a BIP will be followed. (See<br />
previous information in this section.)<br />
8: Discipline 7
SECTION III<br />
BASIS OF KNOWLEDGE REGARDING STUDENTS NOT YET<br />
ELIGIBLE<br />
A <strong>child</strong> who has not been identified as having a disability according to the procedures for evaluation<br />
and eligibility in this manual and who is facing disciplinary procedures may assert protection under<br />
IDEA if the district had knowledge that the <strong>child</strong> should have been identified as a <strong>child</strong> with a<br />
disability.<br />
An LEA shall be deemed to have knowledge that a <strong>child</strong> is a <strong>child</strong> with a disability if:<br />
(a) The parent of the <strong>child</strong> has expressed concern in writing (or orally if the parent cannot express it in writing) to<br />
supervisory or administrative personnel of the appropriate LEA or to the teacher of the <strong>child</strong>, that the <strong>child</strong> is in need<br />
of special <strong>education</strong> and related services;<br />
(b) The parent of the <strong>child</strong> has requested an evaluation pursuant to the requirements in 707 KAR 1:300; or<br />
(c) The teacher of the <strong>child</strong>, or other personnel of the LEA, has expressed concern about a pattern of behavior or<br />
performance of the <strong>child</strong> directly to the director of special <strong>education</strong> or to other supervisory personnel of the LEA.<br />
707 KAR 1:340 Section 16(1)<br />
The district is deemed to have knowledge that a <strong>child</strong> is a <strong>child</strong> with a disability when concerns are<br />
expressed in accordance with procedures for Child Find and/or the referral system in Chapter 3,<br />
“Child Find, Evaluation, and Reevaluation.” The district has knowledge under one or more of the<br />
following circumstances:<br />
A. The parent expressed concern in writing (or orally if the parent cannot express it in<br />
writing) to supervisory or administrative staff that the <strong>child</strong> needs special <strong>education</strong><br />
and related services.<br />
B. The behavior or performance of the <strong>child</strong> demonstrates the need for services.<br />
C. The parent requested an evaluation.<br />
D. The teacher or other school staff expressed concern about the behavior or<br />
performance of the <strong>child</strong> to the ARC chairperson/district representative or other<br />
district supervisory staff.<br />
An LEA shall not be deemed to have knowledge that a <strong>child</strong> is a <strong>child</strong> with a disability if, after receiving information that<br />
the <strong>child</strong> may have a disability:<br />
(a) The LEA conducted an evaluation and determined the <strong>child</strong> was not a <strong>child</strong> with a disability;<br />
(b) The LEA determined an evaluation was not necessary and provided notice to the parents of these determinations; or<br />
(c) The parents refused to consent to an evaluation or refused initial services.<br />
If an LEA does not have knowledge that a <strong>child</strong> is a <strong>child</strong> with a disability prior to taking disciplinary measures against<br />
the <strong>child</strong>, the <strong>child</strong> may be subjected to the same disciplinary measures as measures applied to <strong>child</strong>ren without<br />
disabilities.<br />
707 KAR 1:340 Section 16(2-3)<br />
The district is deemed to not have knowledge that a <strong>child</strong> is a <strong>child</strong> with a disability if:<br />
A. The district had conducted an evaluation and the <strong>child</strong> was found not eligible for<br />
special <strong>education</strong> and related services; or<br />
B. The ARC previously had determined that an evaluation was not necessary according<br />
to procedures in Chapter 3, “Child Find, Evaluation, and Reevaluation.”<br />
8 8: Discipline
If an LEA does not have knowledge that a <strong>child</strong> is a <strong>child</strong> with a disability prior to taking disciplinary measures against<br />
the <strong>child</strong>, the <strong>child</strong> may be subjected to the same disciplinary measures as measures applied to <strong>child</strong>ren without<br />
disabilities. 707 KAR 1:340 Section 16(3)<br />
If the principal/designee determines that the district does not have knowledge that the <strong>child</strong> has a<br />
disability, then the <strong>child</strong> is subjected to the same disciplinary procedures applied to <strong>child</strong>ren who do<br />
not have disabilities.<br />
Evaluation Request During Disciplinary Proceedings<br />
If a request is made for an evaluation of the <strong>child</strong> during the period in which the <strong>child</strong> is subjected to disciplinary<br />
measures, the evaluation shall be conducted in an expedited manner. Until the evaluation is completed, the <strong>child</strong> shall<br />
remain in the <strong>education</strong>al placement determined by school authorities, which may include suspension or expulsion<br />
without <strong>education</strong>al services. 707 KAR 1:340, Section 16(4)<br />
If a request is made for an evaluation of the <strong>child</strong> during the period in which the <strong>child</strong> is subjected to<br />
disciplinary measures, the ARC chairperson/district representative schedules an ARC meeting to<br />
review the referral and discuss the need for an evaluation. The district conducts the evaluation in an<br />
expedited manner. No specific timeline for an expedited evaluation is included in regulations.<br />
However, the evaluation should be conducted in a shorter time period than a normal evaluation.<br />
Pending the results of the evaluation, the <strong>child</strong> or youth remains in the setting determined by school<br />
authorities. This setting may be the out-of-school suspension or expulsion without <strong>education</strong>al<br />
services, unless <strong>education</strong>al services are provided to students without disabilities under similar<br />
circumstances.<br />
The school is not required to put disciplinary proceedings on hold until the evaluation is completed.<br />
If the student is determined to be a <strong>child</strong> or youth with a disability, based on the evaluation and<br />
review of information supplied by the parents, the school must then provide special <strong>education</strong> and<br />
related services.<br />
SECTION IV<br />
REPORTING TO LAW ENFORCEMENT AGENCIES<br />
Reporting a Crime<br />
Notwithstanding any provisions of 707 KAR Chapter 1 an agency may report a crime committed by a <strong>child</strong> with a<br />
disability to appropriate authorities. 707 KAR 1:340, Section 17(1)<br />
The building principal/designee is responsible for reporting a crime to appropriate authorities in the<br />
same manner as for students without disabilities as outlined in the JCPS Code of Acceptable<br />
Behavior and Discipline and the Student Bill of Rights. Reporting a crime is to be distinguished from<br />
the filing of charges against the student.<br />
The definition of crime is the same for students with or without disabilities.<br />
8: Discipline 9
Transmission of Records<br />
If the LEA reports a crime committed by a <strong>child</strong> with a disability, it shall ensure that copies of the special <strong>education</strong> and<br />
disciplinary records of the <strong>child</strong> are transmitted for consideration by the appropriate authorities to the extent the<br />
transmission is permitted by the Family Education Rights and Privacy Act, 20 U.S.C. Section 1232g.<br />
707 KAR 1:340, Section 17(2)<br />
When records are provided to law-enforcement or judicial authorities, the disclosure must be on the<br />
condition that the record will not be further disclosed without the written consent of the <strong>child</strong>’s or<br />
youth’s parents or of the youth if he or she is emancipated.<br />
When reporting a crime, the building principal/designee contacts the parents of the student in<br />
accordance with district procedures. The building principal/designee explains the circumstances of<br />
the report and that special <strong>education</strong> information may be released to the appropriate authorities. The<br />
parent is asked to sign a release of records form.<br />
This regulation cited above makes it clear that the school can transmit records to appropriate lawenforcement<br />
and judicial authorities only if the Family Educational Rights and Privacy Act (FERPA)<br />
will allow the disclosure. In accordance with FERPA and KRS 160.720, in most circumstances the<br />
district must obtain parental consent to transmit a <strong>child</strong>’s or youth’s special <strong>education</strong> records to the<br />
authorities.<br />
FERPA and state law allow disclosure if the parent consents to the disclosure. If the parent refuses to<br />
sign for release of the above records, the building principal immediately contacts the executive<br />
director of ECE. Records will be released only if the building principal, the executive director of<br />
ECE, and the director of Pupil Personnel agree that this release of records falls under a FERPA<br />
exemption as stated below.<br />
Under FERPA, exceptions to the parental consent requirement allow for disclosure in other specific<br />
circumstances:<br />
A. Student records may be disclosed in compliance with a lawfully issued subpoena;<br />
however, parents must be notified in writing that the records have been subpoenaed<br />
before they are forwarded.<br />
B. Student records may be disclosed in emergency situations where the disclosure is<br />
necessary for the protection of the health or safety of the student or others.<br />
C. The definition of <strong>education</strong> records in FERPA (Section 99.3) does not include<br />
records of the law-enforcement unit of an <strong>education</strong>al agency, subject to provisions in<br />
Section 99.3. Files created and maintained by a school resource office for lawenforcement<br />
purposes may not be governed by FERPA and may, under some<br />
circumstances, be released without parental consent. (Refer to <strong>Jefferson</strong> <strong>County</strong><br />
Board of Education (JCBE) procedures for guidance on this issue.)<br />
Unless the authority to release the records under FERPA is clear (parental consent or application of a<br />
specific exception), the district will not release student records. (See also Chapter 9, “Confidentiality<br />
of Information.”)<br />
10 8: Discipline
CHAPTER 9<br />
CONFIDENTIALITY OF INFORMATION<br />
707 KAR 1:360<br />
SECTION I<br />
ACCESS RIGHTS<br />
Inspection and Review of Education Records<br />
An LEA * shall permit a parent to inspect and review any <strong>education</strong> records relating to his <strong>child</strong> that are collected,<br />
maintained, or used by the LEA. The LEA shall comply with a request without unnecessary delay and before any<br />
meeting regarding an IEP † , dispute resolution meeting, or due process hearing and in no case more that forty-five (45)<br />
days after the request has been made. 707 KAR 1:360, Section 1(1)<br />
An <strong>education</strong>al agency or institution shall give full rights under the ACT to either parent, unless the agency or institution<br />
has been provided with evidence that there is a court order, State statute, or legally binding document relating to such<br />
matters as divorce, separation, or custody that specifically revokes these rights.<br />
34 CFR § 99.4 (FERPA)<br />
An LEA may presume that a parent has authority to inspect and review records relating to his <strong>child</strong> unless the LEA has<br />
been advised under a court order that the parent does not have the authority. 707 KAR 1:360, Section 1(3)<br />
“Eligible student” means a student, or a former student, who has reached the age of eighteen (18) or is pursuing an<br />
<strong>education</strong> beyond high school and therefore the permission or consent required of, and the rights accorded to the parents<br />
of the student [records rights] shall therefore be required of, and accorded to, the student. KRS 160.700(4)<br />
The <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District permits parents to review and inspect any<br />
<strong>education</strong> record that is related to the identification, evaluation, and placement of their <strong>child</strong> or to the<br />
provision of a free appropriate public <strong>education</strong> (FAPE) and is collected, maintained, or used by the<br />
JCPS District. To review and inspect any <strong>education</strong> record of the <strong>child</strong> or youth, the parent contacts<br />
the building principal or the coordinator of Exceptional Child Education (ECE) Placement. The same<br />
access rights apply to the eligible student.<br />
The district allows the parent access to the <strong>education</strong> records of his or her <strong>child</strong> or youth unless the<br />
district is presented with written evidence of a court order or other legally binding document that<br />
relates to such matters as divorce, separation, or custody and that specifically revokes parental rights.<br />
Access to Education Records<br />
If the parent or representative makes a request and all requested records are present and readily<br />
available, then he or she is granted immediate access.<br />
If the records are not readily available, then the retrieval and access of the <strong>child</strong>’s or youth’s<br />
<strong>education</strong> records are provided:<br />
A. Without any unnecessary delay;<br />
* local <strong>education</strong>al agency (LEA) which means the JCPS District.<br />
† Individual Education Program (IEP)<br />
9: Confidentiality 1
B. Within forty-five (45) calendar days from the time the principal receives the request;<br />
C. Before any Individual Education Program (IEP) meeting, dispute-resolution meeting, or<br />
due-process hearing; and<br />
D. At a time that is mutually acceptable to the parent and the principal.<br />
Explanation and Interpretation of Records<br />
The right to inspect and review <strong>education</strong> records under this administrative regulation shall include:<br />
(a) The right to a response from the LEA to reasonable requests for explanations and interpretations of the records;<br />
(b) The right to request that the agency provide copies of the records containing the information if failure to provide<br />
those copies would effectively prevent the parent from exercising the right to inspect and review the records; and<br />
(c) The right to have a representative of the parent inspect and review the records. 707 KAR 1:360, Section 1(2)<br />
The principal or coordinator of ECE Placement makes sure that one of the following people is<br />
present to explain and interpret the records and to answer any questions the parent may have: the<br />
counselor, special <strong>education</strong> teacher, ECE consulting teacher, related-services personnel, or school<br />
psychologist/psychometrist.<br />
If the primary language or mode of communication used by the parent is not English, then within<br />
five (5) business days of a completed parental request to review the <strong>education</strong> records of a <strong>child</strong> or<br />
youth, the principal notifies the executive director of ECE of the need for a translation of the records.<br />
The executive director of ECE obtains the translation prior to any ARC meeting or due-process<br />
hearing. Every attempt is made to obtain the translation within forty (40) business days after the<br />
request is made. This translation is consistent with the mode of communication used by the parent<br />
and therefore may include a recorded or oral reading format.<br />
Education Records<br />
“Educational Records” means records as defined in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.<br />
Section 1232(g). 707 KAR 1:002, Section 1(23)<br />
“Record” means any information recorded in any way, including, but not limited to, handwriting, print, computer media,<br />
video or audio tape, film, microfilm, and microfiche.<br />
(1) Directly related to a student; and<br />
(2) Maintained by an <strong>education</strong>al agency or institution or by a party acting for the agency or institution.<br />
34 CFR § 99.3<br />
“Education record” means data and information directly relating to a student that is collected or maintained by<br />
<strong>education</strong>al institutions or by a person acting for an institution including academic records and portfolios, achievement<br />
tests; aptitude scores; teacher and counselor evaluations; health and personal data; behavioral and psychological<br />
evaluations; and directory data recorded in any medium including handwriting, magnetic tapes, film, video, microfiche,<br />
computer-generated and stored data, or data otherwise maintained and used by the <strong>education</strong>al institution or a person<br />
acting for an institution. KRS 160.700(3)<br />
Test Protocols and Raw Data<br />
According to Family Educational Rights and Privacy Act (FERPA), copyrighted test protocols and<br />
raw data that are generated by evaluators are the <strong>education</strong> records that are maintained in the <strong>child</strong>’s<br />
or youth’s permanent ECE record. To the extent that test protocols are integral to understanding the<br />
2 9: Confidentiality
test results or establishing the validity of test results, the qualified examiner may show the test<br />
protocols to parents an discuss them with the parents upon request. In order to abide by copyright<br />
laws and protect test validity and security, schools are not required to provide copies of test<br />
protocols to parents.<br />
Private Notes<br />
A note or document in the sole possession of the creator is exempt from parent or student access if<br />
the following criteria are met:<br />
A. It is a private note created solely by the individual possessing it;<br />
B. It is a personal memory aid; and<br />
C. Its contents are accessible to or revealed to no one except the possessor’s temporary<br />
substitute.<br />
If another person, such as a teacher or administrator, is knowledgeable of the contents of this note,<br />
then it is subject to review by parents or the eligible student. Oral communication from such a note<br />
or document makes the document accessible to parents for review, even if the note is maintained in<br />
the sole possession of the creator.<br />
Representative of Parent to Inspect and Review Records<br />
If the parent authorizes an individual to serve as the parent’s representative to inspect and review the<br />
records of the <strong>child</strong> or youth, then the parent or principal completes the Student Education Records<br />
Request Form (Appendix A). Upon signature of the parent on the consent form, the district grants<br />
the authorized representative access to the <strong>education</strong> records.<br />
SECTION II<br />
RECORD OF DISCLOSURE (ACCESS)<br />
An LEA shall keep a record of parties obtaining access to <strong>education</strong> records collected, maintained, or used under 707<br />
KAR Chapter 1 (except access by parents and authorized employees of the LEA), including:<br />
(1) The name of the party;<br />
(2) The date access was given; and<br />
(3) The purpose for which the party is authorized to use the records. 707 KAR 1:360, Section 2<br />
The district includes a Record of Disclosure Form (Appendix B) in each <strong>child</strong>’s or youth’s <strong>education</strong><br />
records that are collected, maintained, or used by the district as long as the records are maintained.<br />
The Record of Disclosure Form includes:<br />
A. the date the person was given access to the record;<br />
B. the name of the person who obtained access to the record;<br />
C. the legitimate <strong>education</strong>al interest (purpose) the individual had in obtaining access.<br />
All individuals — except parents, eligible youth, and employees of the district with a legitimate<br />
<strong>education</strong>al interest in the records — sign the Record of Disclosure Form immediately prior to<br />
inspecting and reviewing the record.<br />
9: Confidentiality 3
SECTION III<br />
RECORDS ON MORE THAN ONE CHILD OR YOUTH<br />
If any <strong>education</strong> record includes information on more than one (1) <strong>child</strong>, the parents of those <strong>child</strong>ren shall have the right<br />
to inspect and review only the information relating to their <strong>child</strong> or to be informed of only that specific information.<br />
707 KAR 1:360, Section 3<br />
The district provides information from records containing data on more than one <strong>child</strong> or youth in<br />
such a way as to preserve the confidentiality of the other <strong>child</strong>ren and youth.<br />
If a parent requests to review and inspect <strong>education</strong> records that have information about more than<br />
one <strong>child</strong> or youth (e.g., attendance rosters, <strong>child</strong> tracking systems, grade books), then the person<br />
who is responsible for the maintenance of those records makes a copy of the records requested.<br />
Before providing the parent access to the copy, the person responsible for the record expunges any<br />
personally identifiable information regarding other <strong>child</strong>ren and youth.<br />
The district ensures that personally identifiable information about any <strong>child</strong> or youth is not<br />
maintained in the <strong>education</strong> record of another <strong>child</strong> or youth.<br />
SECTION IV<br />
LISTS OF TYPES AND LOCATIONS OF RECORDS<br />
An LEA shall provide parents, on request, a list of the types and location of <strong>education</strong> records regarding their <strong>child</strong> with<br />
disabilities that is collected, maintained, or used by the LEA. 707 KAR 1:360, Section 4<br />
The director of Pupil Personnel maintains a list of the types and locations of the <strong>education</strong> records<br />
collected, maintained, and used by the district. A copy of the list is available to parents upon request.<br />
The list, which is kept in the director of Pupil Personnel’s office, contains the names, titles, and<br />
telephone numbers of the personnel who are responsible for the records and the locations of the<br />
records.<br />
SECTION V<br />
FEES<br />
An LEA may charge a fee for copies of records that are made for a parent under 707 KAR Chapter 1 if the fee does not<br />
effectively prevent the parent from exercising his right to inspect and review the records.<br />
The LEA shall not charge a fee to search for or to retrieve information under 707 KAR Chapter 1.<br />
707 KAR 1:360, Section 5<br />
At the parent’s request, the principal provides copies of the <strong>education</strong> records of the <strong>child</strong> or youth to<br />
the parent. The copies, including copies of records stored on a computer, microfiche, or other such<br />
media, are provided to the parent free of charge. A fee consistent with the JCPS Procedures for<br />
Confidentiality of Student Records may be charged to the parent for subsequent copies. A fee is not<br />
charged for record search or retrieval. The principal or coordinator of ECE Placement/designee<br />
documents in the <strong>education</strong> record of the <strong>child</strong> or youth which <strong>education</strong> records were copied and the<br />
date the copies were provided to the parent.<br />
4 9: Confidentiality
SECTION VI<br />
AMENDMENT OF RECORDS AT PARENT’S REQUEST<br />
A parent who believes that information in the <strong>education</strong> records collected, maintained, or used under 707 KAR Chapter 1<br />
is inaccurate, misleading, or violates the privacy or other rights of the <strong>child</strong> may request the LEA to amend the<br />
information. Once a request is made by a parent for an amendment to be made to the <strong>child</strong>’s record, the LEA shall<br />
respond within ten (10) school days. 707 KAR 1:360, Section 6(1)<br />
The term record amendment refers to changing, deleting, or destroying information in the <strong>education</strong><br />
records of a <strong>child</strong> or youth.<br />
If a parent believes that information in the <strong>education</strong> record of his or her <strong>child</strong> or youth is inaccurate,<br />
is misleading, or violates the privacy or other rights of the <strong>child</strong> or youth, then the parent may<br />
request that the district amend the information.<br />
If a parent requests an amendment of records, then the parent or building principal completes the<br />
Student Education Records Request Form. (See Appendix A.) The parent must sign the form.<br />
Within ten (10) calendar days of receipt of the parental request, the building principal, the<br />
coordinator of ECE Placement, and other district personnel discuss the parent’s request and review<br />
the record.<br />
If the district decides to amend the information, then the building principal informs the parent in<br />
writing of the decision and amends the record within seven (7) calendar days of the decision.<br />
If after the meeting the district decides not to amend the information in accordance with the parent’s<br />
request, then within seven (7) calendar days of the decision not to amend, the building principal<br />
provides a written explanation to the parent and advises the parent of the right to a recordsamendment<br />
hearing.<br />
SECTION VII<br />
OPPORTUNITY FOR A HEARING<br />
If a request to amend the information is made by a parent or legal guardian, the hearing procedures contained in 702<br />
KAR 1:140 shall apply. 707 KAR 1:360, Section 6(2)<br />
Upon request, the school district shall arrange for a hearing to be held within thirty (30) days after the request for hearing<br />
and notify the student’s parent(s) or guardian, reasonably in advance, of the date, place, and time of the hearing.<br />
The hearing shall be conducted by a hearing officer who is a disinterested party and is a certified official of the district<br />
appointed by the Superintendent. 702 KAR 1:140, Section 2(1-2)<br />
If a request for the amendment of a <strong>child</strong>’s or youth’s <strong>education</strong> records is denied, the parent may<br />
request a record-amendment hearing to challenge information in the <strong>education</strong> records and to ensure<br />
that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the<br />
<strong>child</strong> or youth.<br />
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Such requests must be addressed in writing to:<br />
Director of Pupil Personnel<br />
<strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> <strong>Schools</strong><br />
P.O. Box 34020<br />
Louisville, KY 40232-4020<br />
The Student Education Records Request Form may be used for this purpose. (See Appendix A.) This<br />
request may be completed by the parent or by the building principal with the parent’s signature.<br />
If a parent or eligible youth requests a hearing to challenge information in the <strong>education</strong> records, the<br />
district will follow the hearing procedures as outlined in the JCPS Procedures for Confidentiality of<br />
Student Education Records. A copy of these procedures may be obtained from the Pupil Personnel<br />
Office or on the district’s Web site at www.jcpsky.net.<br />
SECTION VIII<br />
CONSENT<br />
Written Parental Consent<br />
Except as to disclosures to appropriate law enforcement agencies as referenced in 707 KAR 1:340, Section 17, parental<br />
consent shall be obtained before personally identifiable student information is:<br />
(a) Disclosed to anyone other than officials of the participating agencies collecting or using the information under 707<br />
KAR Chapter 1; or<br />
(b) Used for any purpose other than meeting a requirement under 707 KAR Chapter 1.<br />
707 KAR 1:360, Section 7(1)<br />
The written consent must:<br />
(a) Specify the records that may be disclosed;<br />
(b) State the purpose of the disclosure; and<br />
(c) Identify the party or class of parties to whom disclosure may be made.<br />
34 CFR § 99.30(b)<br />
Unless otherwise authorized, the district obtains written parental consent (see Appendix C) before<br />
disclosing personally identifiable information (other than directory information) to individuals or<br />
agencies other than those indicated on the disclosure-without-consent list. (See the list provided in<br />
Section 2 of KRS 160.720 in the next section.)<br />
The required parental consent form includes the:<br />
A. Specified records to be disclosed;<br />
B. Purpose of the disclosure;<br />
C. Specific party or class of parties to whom disclosure may be made;<br />
D. Date the consent is signed; and<br />
E. Signature of the parent or eligible student.<br />
The Authorization to Disclose/Request Information Form (see Appendix C) is available in the<br />
principal’s office of the school that the <strong>child</strong> or youth attends and in the Central Office. Copies of the<br />
completed forms are maintained in the <strong>education</strong> records of the appropriate <strong>child</strong> or youth.<br />
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Disclosure Without Consent<br />
The district discloses personally identifiable information from the <strong>education</strong> records without the<br />
written consent of the parent if the disclosure is in accordance with FERPA and applicable Kentucky<br />
laws and regulations.<br />
Educational institutions shall not permit the release or disclosure of records, reports, or identifiable information on<br />
students to third parties other than directory information as defined in KRS 160.700, without parent or eligible student<br />
consent except to:<br />
(a) Other school officials, including teachers with legitimate <strong>education</strong>al interests and purposes.<br />
(b) Other school systems, colleges and universities to which the student has sought enrollment or transfer or from which<br />
the student was graduated.<br />
(c) Federal, state, or local officials who carry out a lawful function and who are authorized to receive this information<br />
pursuant to statute or regulation. This authority includes requests from any agency of the federal or state government<br />
for the purposes of determining a student’s eligibility for military service.<br />
(d) Federal, state, or local officials to whom the information is required to be disclosed [e.g. to comply with a judicial<br />
order or lawfully issued subpoena, <strong>child</strong> abuse investigation, etc.]<br />
(e) Individuals or organizations conducting legitimate studies, surveys, and data collection in such a manner so as not to<br />
permit personal identification of parents or students.<br />
(f) Accrediting organizations enlisted to carry out accrediting functions.<br />
(g) Parents of a dependent student of the parent as defined in Section 152 of the Internal Revenue Code of 1954 (26<br />
U.S.C. sec 152) KRS 160.720 Section 2<br />
Release of Education Records to Another School District<br />
The notice to parents of enrolled students and eligible students regarding their rights under FERPA<br />
includes a statement that the district releases, without parental consent, the <strong>education</strong> records of a<br />
student who seeks to enroll or does enroll in another school district. When a student seeks to enroll<br />
or does enroll in another school district, then upon receipt of a documented request for the transfer of<br />
records, the building principal/designee transfers the regular <strong>education</strong> and special <strong>education</strong> records<br />
of the student. This request may be made by:<br />
A. The parent;<br />
B. The eligible student; or<br />
C. Personnel of the receiving school.<br />
Requests from another school district for the records of a student with a disability may be accepted<br />
in writing, by facsimile, or by phone. Parental consent to release records is not required. Upon<br />
receipt of this request from the receiving district, the principal/designee provides copies of the<br />
following special <strong>education</strong> records:<br />
A. The current IEP, including all ongoing progress data and progress reports;<br />
B. The meeting summary that pertains to the current IEP;<br />
C. Parental consent to conduct evaluations and parental consent to provide special <strong>education</strong><br />
services; and<br />
D. The current evaluation report and, for a specific learning disability, the initial evaluation<br />
report<br />
9: Confidentiality 7
If a parent or eligible student requests that the building principal provide a copy of the <strong>education</strong><br />
records that have been transferred, then the district provides one copy of the transferred records free<br />
of charge.<br />
If a student transfers to another school within the district, the entire School-Based Admissions and<br />
Release Committee (SBARC) Chairperson Folder is transferred to that school.<br />
Directory Information<br />
“Directory information” means the student’s name; address; telephone listing; date and place of birth; participation in<br />
school recognized activities and sports; weight and height of members of athletic teams; dates of attendance; awards<br />
received; major field of study; and the most recent previous <strong>education</strong>al agency or institution attended by the student;<br />
contained in <strong>education</strong>al records in the custody of the public schools. KRS 160.700 Section 1<br />
An <strong>education</strong>al agency or institution may disclose directory information if it has given public notice to parents of<br />
students in attendance and eligible student in attendance at the agency or institution of:<br />
(1) The types of personally identifiable information that the agency or institution has designated as directory<br />
information;<br />
(2) A parent’s or eligible student’s right to refuse to let the agency or institution designate any or all of those types of<br />
information about the student designated as directory information; and<br />
(3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he<br />
or she does not want any or all of those types of information about the student designated as directory information.<br />
34 CFR § 99.37(a) (FERPA)<br />
An <strong>education</strong>al institution may publish and release to the general public directory information relating to a student. An<br />
<strong>education</strong>al institution shall give public notice of the categories of directory information that it has designated as<br />
directory information with respect to each student in attendance and shall allow a reasonable time after the notice has<br />
been given for a parent or eligible student to inform the institution that any or all of the information designated should<br />
not be released without prior consent. KRS 160.725 Section 1<br />
The district gives the notice described in KRS160.725, Section 1, to parents of enrolled students and<br />
eligible students through publication in the Code of Acceptable Behavior and Discipline and the<br />
Student Bill of Rights. If a parent or eligible student provides the building principal or the director of<br />
Pupil Personnel with written direction not to release specific directory information in accordance<br />
with the terms of that notice, then the directory information for the student is not released. Copies of<br />
the parent’s or eligible youth’s instructions are maintained in the director of Pupil Personnel’s office<br />
and in the school the student attends.<br />
If a parent or eligible student so requests, the principal provides the parent or eligible student with a<br />
copy of the records that the district discloses. These copies are provided to parents and eligible<br />
students free of charge.<br />
Emergency May Warrant Disclosure Without Consent<br />
An <strong>education</strong> agency or institution may disclose personally identifiable information from an <strong>education</strong> record to<br />
appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or<br />
safety of the student or other individuals.<br />
34 CFR Section 99.36(a)<br />
If an emergency arises in which it is necessary to protect the health and safety of a <strong>child</strong> or youth or<br />
8 9: Confidentiality
other individuals, then the district discloses personally identifiable information from the <strong>education</strong><br />
records of the <strong>child</strong> or youth to the appropriate parties connected to the emergency.<br />
In determining whether disclosure of <strong>education</strong> records is warranted, the building principal considers<br />
the following factors:<br />
A. The seriousness of the threat to the health or safety of the <strong>child</strong> or youth or other<br />
individuals;<br />
B. Whether the information is needed in order to take action during the emergency;<br />
C. Whether the individuals to whom the information is disclosed are in a position to act<br />
during the emergency; and<br />
D. The extent to which time is of the essence in dealing with the emergency<br />
Upon determination by the building principal that the situation at hand is an emergency and warrants<br />
the disclosure of <strong>education</strong> records, he or she obtains the records of the <strong>child</strong> or youth and<br />
immediately makes them available to the appropriate parties.<br />
Other Conditions for Release of Personally Identifiable Information<br />
An <strong>education</strong>al agency or institution may disclose personally identifiable information from an <strong>education</strong> record only on<br />
the condition that the party to whom the information is disclosed will not disclose the information to another party<br />
without the prior consent of the parent or eligible student… An <strong>education</strong> agency shall inform a party to whom<br />
disclosure is made of the requirements of this section.<br />
34 CFR § 99.33(a)(1)<br />
In disclosing personally identifiable information from <strong>education</strong> records — other than to parents of<br />
students under eighteen (18), to the eligible student, or when releasing directory information — the<br />
district informs the party to whom the disclosure is being made that use and disclosure of the<br />
information is subject to FERPA requirements. The building principal/designee ensures that the<br />
following statement is included with the information that is released: “This information is an<br />
<strong>education</strong> record and is therefore subject to requirements of the Family Education Rights and<br />
Privacy Act.”<br />
Any information received by the district is used only for the purposes for which the disclosure was<br />
made.<br />
Prior to re-disclosing any information in an <strong>education</strong> record that was obtained from another source,<br />
the ARC chairperson/district representative contacts the parent or eligible student in order to obtain<br />
the parent’s or eligible youth’s written consent for re-disclosure. The parent or eligible student<br />
completes the Authorization to Disclose/Request Information Form (see Appendix C) prior to the redisclosure<br />
of any information.<br />
Parent Refusal to Release Information<br />
If a parent refuses to provide consent for release of personally identifiable information, a party may request a due process<br />
hearing pursuant to 707 KAR 1:340 or comply with the FERPA. 707 KAR 1:360, Section 7(3)<br />
If a parent refuses to give consent for the disclosure of <strong>education</strong> records that are needed in order to<br />
9: Confidentiality 9
provide FAPE and the district disagrees with the parent’s refusal for disclosure, then the district may<br />
request a due-process hearing. (See Chapter 7, “Procedural Safeguards and State Complaint<br />
Procedures.”)<br />
Compliance with FERPA means that the district complies with the disclosure without consent<br />
requirements as stated in the previous subsection titled “Disclosure Without Consent” of this<br />
chapter.<br />
SECTION IX<br />
SAFEGUARDS<br />
An LEA shall protect the confidentiality of personally identifiable student information at collection, storage, disclosure,<br />
and destruction stages. 707 KAR 1:360, Section 8(1)<br />
An LEA shall assign a staff member to assume responsibility for ensuring the confidentiality of any personally<br />
identifiable student information. 707 KAR 1:360, Section 8(2)<br />
An LEA employee collecting or using personally identifiable information shall receive training or instruction regarding<br />
the requirements of this administrative regulation. 707 KAR 1:360, Section 8(3)<br />
Record Security<br />
The district ensures that the confidentiality of personally identifiable information is protected and<br />
that unauthorized access is prevented at the following stages:<br />
A. Collection (e.g., during the handling of referrals);<br />
B. Storage (e.g., secure files, protection of computer files);<br />
C. Disclosure (e.g., during access to records); and<br />
D. Destruction (e.g., during the process of record destruction as defined by the Record<br />
Retention Schedule)<br />
The director of Pupil Personnel is responsible for ensuring the confidentiality of any personally<br />
identifiable information. The director of Pupil Personnel and the coordinator of ECE Placement are<br />
responsible for the general supervision of all <strong>education</strong> records that are related to <strong>child</strong>ren or youth<br />
with disabilities, even though other officials and personnel (e.g., building principals, teachers) have<br />
custody and responsibility for the records.<br />
All <strong>education</strong> records of <strong>child</strong>ren and youth who are enrolled in the district are stored in locked file<br />
cabinets, vaults, or rooms. Computer files containing <strong>education</strong> records of <strong>child</strong>ren and youth are<br />
maintained in secure computer systems.<br />
Training Regarding Confidentiality Issues<br />
The director of Pupil Personnel and executive director of ECE arrange for district employees who<br />
collect or use personally identifiable information to receive training regarding district procedures for<br />
ensuring confidentiality. Within sixty (60) calendar days of the start of school, all district personnel<br />
who have access to <strong>education</strong> records are trained or updated on the district’s procedures regarding<br />
10 9: Confidentiality
confidentiality. For new employees, this training is conducted prior to their having access to<br />
<strong>education</strong> records. When a new staff person is employed later during the school year, it is the<br />
responsibility of the individual’s immediate supervisor to provide training on confidentiality.<br />
Training is also provided for volunteers and any others who may have access to personally<br />
identifiable information for students, such as mentors, foster grandparents, and student teachers.<br />
Listing of Persons Who May Have Access<br />
An LEA shall maintain, for public inspection, a current listing of the names and positions of employees within the LEA<br />
who may have access to personally identifiable student information. 707 KAR 1:360, Section 8(4)<br />
District personnel are considered to have a legitimate <strong>education</strong>al interest if the individual needs to<br />
review an <strong>education</strong> record in order to fulfill his or her professional responsibility. Each building<br />
principal in the district maintains in his or her office a current list of names and titles of district<br />
personnel who have been determined to have a legitimate <strong>education</strong>al interest. These personnel:<br />
A. May request and have access to <strong>education</strong> records in the performance of their duties; and<br />
B. Do not need to be listed on the Record of Disclosure Form.<br />
The Access List (see Appendix D), which is updated each September or as necessary, includes<br />
names and titles of employees determined to have a legitimate <strong>education</strong>al interest.<br />
SECTION X<br />
DESTRUCTION OF RECORDS<br />
An LEA shall inform the parent when personally identifiable student information collected, maintained, or used under<br />
707 KAR Chapter 1 is no longer needed to provide <strong>education</strong> services to a <strong>child</strong>. The information shall be destroyed at<br />
the request of a parent. However, a permanent record of a <strong>child</strong>’s name, address, and phone number, his grade,<br />
attendance record, classes attended, grade level completed, and year completed may be maintained without time<br />
limitations. 707 KAR 1:360, Section 9<br />
The district defines destruction as the physical removal of personal identifiers from records so that<br />
the information is no longer personally identifiable. Destruction is a means for protection against<br />
improper or unauthorized use.<br />
The records of a <strong>child</strong> or youth who has graduated or otherwise left the district and who was<br />
formerly enrolled in a special <strong>education</strong> program may be destroyed when the records are no longer<br />
needed to provide <strong>education</strong>al services to a <strong>child</strong> or youth and after they have been retained<br />
according to the Kentucky Record Retention Schedule. These records include personally identifiable<br />
student information that is collected, maintained, or used for the identification, evaluation, or<br />
placement of the <strong>exceptional</strong> <strong>child</strong> or youth. The parent of the <strong>child</strong> or youth will be informed by<br />
individual or public notice prior to the destruction of these records.<br />
A parent may also request that the information be destroyed. This request should be addressed in<br />
writing to the executive director of ECE. The parents are informed that these records may be needed<br />
by the <strong>child</strong> or youth or the parent(s) for Social Security benefits or other purposes and that a<br />
9: Confidentiality 11
permanent record of a <strong>child</strong>’s or youth’s name, address, phone number, grades, attendance, classes<br />
attended, grade level completed, and year completed may be maintained without time limitations.<br />
Even if a parent requests destruction, the district does not destroy any records:<br />
A. That have not been retained for a minimum period of time since the last activity (see the<br />
Kentucky Record Retention Schedule);<br />
B. If there is an outstanding request to inspect or review the records;<br />
C. If there is an unresolved finding of noncompliance in a program or fiscal audit; or<br />
D. If the records are needed for planning and implementing an IEP to demonstrate<br />
compliance with applicable state and federal requirements.<br />
If the parent of a <strong>child</strong> or youth with disabilities requests the destruction of records, then the director<br />
of Pupil Personnel informs the parent or eligible student in writing that the records may be needed<br />
for Social Security benefits or other purposes.<br />
SECTION XI<br />
RIGHTS OF THE CHILD OR YOUTH<br />
The rights of parents regarding <strong>education</strong> records under FERPA and 707 KAR Chapter 1 shall be transferred to the <strong>child</strong><br />
at the age of eighteen (18), unless the <strong>child</strong> has been declared incompetent under KRS Chapter 387 in a court of law.<br />
707 KAR 1:360, Section 10<br />
Whenever a student attains the age of eighteen (18) years, the rights accorded to — and the consent<br />
required of — the parent transfer from the parent to the eligible student.<br />
At least one year before a youth’s eighteenth (18th) birthday, as identified through the <strong>child</strong> tracking<br />
system, the executive director of ECE/designee provides written notice to the parent that the rights<br />
regarding the review, inspection, and disclosure of records will transfer to the youth at the age of<br />
eighteen (18) unless the parent provides the district with evidence that there is a court order or legal<br />
document that shows the parent as the guardian of the youth or as the youth’s representative in<br />
<strong>education</strong>al matters.<br />
The district does not disclose <strong>education</strong> records of a youth over the age of eighteen (18) to the parent<br />
without:<br />
A. The youth’s written consent;<br />
B. A court order; or<br />
C. Proof that the youth is a dependent student of such parents as defined in Section 152 of<br />
the Internal Revenue Code of 1986 (25 U.S.C. Section 152).<br />
SECTION XII<br />
RECORDS REGARDING MIGRATORY CHILDREN WITH<br />
DISABILITIES<br />
An LEA shall transfer health and <strong>education</strong> records on migratory <strong>child</strong>ren with disabilities who move to other states, in<br />
accordance with No Child Left Behind Act. 707 KAR 1:290, Section 10<br />
12 9: Confidentiality
APPENDIX A<br />
STUDENT EDUCATION RECORDS REQUEST<br />
8: Confidentiality 13
Student I.D. Number<br />
<strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> <strong>Schools</strong><br />
Exceptional Child Education (ECE) • P.O. Box 34020 • Louisville, Kentucky 40232-4020<br />
STUDENT EDUCATION RECORDS REQUEST<br />
Student’s Name:<br />
Student’s Date of Birth:<br />
I hereby make the following request(s) concerning the student’s <strong>education</strong> records.<br />
Check one:<br />
I request that the representative listed below inspect and review the student’s <strong>education</strong> records.<br />
___________________________________, ______________________________________<br />
Representative<br />
Affiliation/Agency<br />
___________________________________________________________________________<br />
Purpose of Disclosure<br />
I request an amendment of the student’s <strong>education</strong> records.<br />
I request a hearing to challenge the student’s <strong>education</strong> records (i.e., a Record-Amendment<br />
Hearing).<br />
If this request is for an amendment or hearing, please describe below the specific information in the<br />
records for which an amendment/hearing is requested and the reason for the request.<br />
I certify that I am the parent or legal guardian who has custody of the student named above or that I<br />
am at least eighteen (18) years of age and am making the above request concerning my own<br />
<strong>education</strong> records.<br />
Signed: ___________________________________<br />
Parent/Guardian or Student<br />
Date: ___________________________<br />
Equal Opportunity/Affirmative Action Employer Offering Equal Educational Opportunities<br />
www.jcpsky.net<br />
8: Confidentiality 15
APPENDIX B<br />
RECORD OF DISCLOSURE<br />
8: Confidentiality 17
Student I.D. Number<br />
<strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> <strong>Schools</strong><br />
Exceptional Child Education (ECE) • P.O. Box 34020 • Louisville, Kentucky 40232-4020<br />
Record of Disclosure<br />
Student’s Name: _______________________________<br />
Student’s Date of Birth: _____________<br />
Record the following information on any disclosure (e.g., inspection, release, transfer) of this<br />
student’s <strong>education</strong> record to any party other than the student’s parents/guardians, the student (age<br />
18 or older), and/or JCPS personnel:<br />
1. The date of disclosure or the date that access was given/denied;<br />
2. The name of the party requesting or obtaining <strong>education</strong> records; and<br />
3. The purpose for which the party requests to review the records and a list of the<br />
records inspected, reviewed, or copied.<br />
Note: These records will be disclosed to the named party on the condition that such party will not<br />
permit any other party to have access to the information without the written consent of the<br />
parents/guardians or of the student who is eighteen (18) years old.<br />
Date<br />
Name of party inspecting records<br />
or obtaining copies and the agency<br />
represented if applicable<br />
List the specific purpose for which the<br />
records are inspected or copied; list the<br />
records inspected, reviewed, or copied<br />
This Record of Disclosure may be viewed only by parents/guardians, students age eighteen (18) or older, and/or JCPS<br />
personnel.<br />
Equal Opportunity/Affirmative Action Employer Offering Equal Educational Opportunities<br />
www.jcpsky.net<br />
8: Confidentiality 19
APPENDIX C<br />
AUTHORIZATION TO DISCLOSE/REQUEST INFORMATION<br />
8: Confidentiality 21
<strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> <strong>Schools</strong><br />
AUTHORIZATION TO DISCLOSE/REQUEST INFORMATION<br />
Student’s Name:<br />
Social Security No.(Optional):<br />
Student’s Date of Birth:<br />
Phone No.:<br />
Address:<br />
City, State, Zip Code:<br />
I hereby authorize the release/obtainment of information for the above-named individual. This information<br />
may be exchanged by mail, electronically, or by telephone. I understand that this authorization for release is<br />
subject to revocation at any time in the form of written notice from me. This release will expire, unless<br />
otherwise specified, in one year after the date at the bottom of this form.<br />
Name of Individual:<br />
School/Department:<br />
Agency:<br />
<strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> <strong>Schools</strong><br />
Street Address:<br />
Street Address:<br />
City, State, Zip: City, State, Zip: Louisville, KY 402_____<br />
Phone No: Fax No: Phone No: Fax No:<br />
The specific information to be released:<br />
Assessment reports (e.g., psychological, psychiatric, <strong>education</strong>al, audiological/hearing, occupational<br />
therapy/physical therapy, speech/language)<br />
Current Individual Education Program (IEP) and meeting summary<br />
Documentation of parental consent for evaluation and placement<br />
Documentation of eligibility determination<br />
Cumulative records including grades and attendance records<br />
Medical Information (e.g.., treatment plan)_______________________________________________<br />
Progress notes<br />
Psycho-social history<br />
Discharge summary<br />
Other (Please specify.) _______________________________________________________________<br />
Purpose of the disclosure (e.g., <strong>education</strong>al planning) _____________________________________________<br />
I understand that information used or disclosed pursuant to this authorization will be subject to the<br />
requirements of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability<br />
and Accountability Act (HIPAA) regarding redisclosure by the recipient.<br />
_________________________________________________________<br />
Parent’s/Guardian’s Signature or Student if over age eighteen (18) years<br />
_________________________________________________________<br />
Witness’s Signature<br />
______________________<br />
Date<br />
______________________<br />
Date<br />
Equal Opportunity/Affirmative Action Employer Offering Equal Educational Opportunities<br />
www.jcpsky.net<br />
8: Confidentiality 23
APPENDIX D<br />
ACCESS LIST — ECE STUDENT RECORDS<br />
8: Confidentiality 25
<strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> <strong>Schools</strong><br />
Exceptional Child Education (ECE) • P.O. Box 34020 • Louisville, Kentucky 40232-4020<br />
ACCESS LIST — ECE STUDENT RECORDS<br />
School Building/Location: ___________________________<br />
The following school personnel have access to ECE student records during the _______ school year:<br />
1. Principal: _____________________________________________________________________<br />
2. Assistant principal(s): ___________________________________________________________<br />
_____________________________________________________________________________<br />
3. Counselor(s)/Dean(s): ___________________________________________________________<br />
_____________________________________________________________________________<br />
4. Regular Education Program teachers: ______________________________________________<br />
_____________________________________________________________________________<br />
_____________________________________________________________________________<br />
_____________________________________________________________________________<br />
_____________________________________________________________________________<br />
5. ECE teachers: _________________________________________________________________<br />
_____________________________________________________________________________<br />
6. Related-services personnel: ______________________________________________________<br />
_____________________________________________________________________________<br />
7. ECE consulting teachers: ________________________________________________________<br />
8. School psychologist/psychometrist: ________________________________________________<br />
9. ECE Central Office personnel: ____________________________________________________<br />
_____________________________________________________________________________<br />
_____________________________________________________________________________<br />
This list is to be updated annually and maintained in the principal’s office.<br />
Equal Opportunity/Affirmative Action Employer Offering Equal Educational Opportunities<br />
www.jcpsky.net<br />
8: Confidentiality 27
CHAPTER 10<br />
CHILDREN WITH DISABILITIES WHO ARE ENROLLED IN PRIVATE SCHOOL<br />
707 KAR 1:370<br />
SECTION I<br />
CHILD FIND FOR CHILDREN WITH DISABILITIES WHO HAVE<br />
BEEN ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOL<br />
“Private school <strong>child</strong>ren with disabilities” means <strong>child</strong>ren with disabilities enrolled by the parents in private<br />
elementary or secondary schools as defined by IDEA * regulations, 34 C.F.R. Part 300:13 and 300.36, and not <strong>child</strong>ren<br />
with disabilities enrolled in private schools upon referral by a LEA † . 707 KAR 1:002 Section 1(47)<br />
“Home school” means for the purposes of 707 KAR Chapter 1 only, a private school primarily conducted in one’s<br />
residence. 707 KAR 1:002, Section 1(31)<br />
In Kentucky, private, home, and religious schools are all considered private schools. For the<br />
purposes of special <strong>education</strong> requirements, <strong>child</strong>ren and youth who are being home-schooled are<br />
considered to be in a private school according to Kentucky law.<br />
An LEA shall locate, identify, and evaluate all private school <strong>child</strong>ren with disabilities, including school <strong>child</strong>ren<br />
attending private, religious schools within the boundaries of the LEA. These activities shall be comparable to the<br />
activities to locate, identify, and evaluate <strong>child</strong>ren with disabilities in the public schools. An LEA in which private<br />
schools are located shall include parentally-placed private school <strong>child</strong>ren who attend those schools but reside in a state<br />
other than Kentucky in the LEA’s <strong>child</strong> find activities. 707 KAR 1:370, Section 2(1)<br />
In accordance with Child Find procedures, the <strong>Jefferson</strong> <strong>County</strong> <strong>Public</strong> School (JCPS) District<br />
locates, identifies and evaluates all <strong>child</strong>ren and youth with disabilities who attend a private, home,<br />
or religious school within the boundaries of the JCPS District. The methods used to locate, identify,<br />
and evaluate these <strong>child</strong>ren and youth in private schools are comparable to the methods used for<br />
<strong>child</strong>ren and youth in public schools, as referenced in Chapter 3, “Child Find, Evaluation, and<br />
Reevaluation,” and Chapter 4, “Determination of Eligibility.”<br />
The executive director of ECE and other appropriate district personnel, consult with appropriate<br />
representatives of private school students to determine how best to conduct Child Find activities.<br />
SECTION II<br />
PARENTAL CONSENT FOR EVALUATION<br />
If a parent of a <strong>child</strong> who is parentally placed in a private school does not provide consent for the initial evaluation or the<br />
reevaluation or a parent fails to respond to such a request, the LEA:<br />
(a) Shall not use the procedures in 707 KAR 1:340 for mediation, dispute resolution meeting, or a due process hearing;<br />
(b) Shall not be required to consider the <strong>child</strong> as eligible for services under this administrative regulation; and<br />
(c) Shall document its attempts to obtain parental consent which may include records of telephone calls, copies of<br />
correspondence, records of home or place of employment visits, and the results of these efforts.<br />
707 KAR 1:370, Section 3<br />
* Individuals with Disabilities Act (IDEA)<br />
† local <strong>education</strong>al agency (LEA) which means the JCPS district<br />
10: Private <strong>Schools</strong> 1
The district evaluates all <strong>child</strong>ren with suspected disabilities who attend any private school within<br />
the district’s geographical boundaries in accordance with procedures in Chapter 3, “Child Find,<br />
Evaluation, and Reevaluation,” and Chapter 7, “Procedural Safeguards and State Complaint<br />
Procedures.”<br />
When the parent of a <strong>child</strong> who is parentally placed in a private school does not provide consent for<br />
initial evaluation or reevaluation, the executive director of Exceptional Child Education<br />
(ECE)/designee is notified and documentation of the efforts to obtain parental consent are<br />
maintained in a file located in the office of the executive director of ECE.<br />
SECTION III<br />
DETERMINATION OF SERVICES FOR PARENTALLY PLACED<br />
PRIVATE SCHOOL CHILDREN<br />
Determination of Proportionate Amount of Spending<br />
The LEA shall maintain in its records and provide to KDE ‡ :<br />
(a) The number of <strong>child</strong>ren evaluated under this section;<br />
(b) The number of <strong>child</strong>ren determined to be <strong>child</strong>ren with disabilities under this section; and<br />
(c) The number of <strong>child</strong>ren served under this section.<br />
707 KAR 1:370, Section 2(2)<br />
An LEA shall provide special <strong>education</strong> and related services to parentally placed private school <strong>child</strong>ren with disabilities<br />
in accordance with the procedure found in Section 5 of this administrative regulation, to the extent consistent with the<br />
number and location of these <strong>child</strong>ren enrolled in private schools located within the school district boundaries.<br />
707 KAR 1:370, Section 4(1)<br />
To meet this requirement, an LEA shall spend a proportionate amount of the federal money it receives under the IDEA<br />
pursuant to 34 C.F.R. 300.133. This amount shall be determined after the LEA has completed its <strong>child</strong> find activities and<br />
submitted a <strong>child</strong> count figure to KDE. This <strong>child</strong> count shall be conducted on December 1 of each year.<br />
707 KAR 1:370, Section 4(3)<br />
Each year, following completion of the private school census, the executive director of<br />
ECE/designee identifies eligible <strong>child</strong>ren and youth with disabilities who attend private schools.<br />
Each December 1, private school representatives submit to the executive director of ECE/designee a<br />
list of <strong>child</strong>ren and youth with disabilities who attend the private school who were not assessed by<br />
the district (e.g., students who were assessed in another state or county in Kentucky). Eligibility is<br />
verified through a review of records submitted by the private school.<br />
The executive director of ECE is responsible for ensuring that the <strong>child</strong> tracking system (see Chapter<br />
3, “Child Find, Evaluation, and Reevaluation”) includes information on all <strong>child</strong>ren and youth with<br />
disabilities in private schools, even though those students may not currently receive services from<br />
the district. This information is used to determine proportionate amount of funding as well as the<br />
implementation of reevaluation timelines.<br />
The count is used to determine the amount that the district will spend in the next fiscal year on<br />
providing special <strong>education</strong> and related services to private school <strong>child</strong>ren and youth with<br />
‡ Kentucky Department of Education (KDE)<br />
2 10: Private <strong>Schools</strong>
disabilities. The amount to be spent will be an amount that is the same proportion of the district<br />
Individuals with Disabilities Education Act-B (IDEA-B) Basic grant as the number of private school<br />
<strong>child</strong>ren and youth with disabilities. The Kentucky Department of Education (KDE) provides the<br />
district with the calculated proportionate amounts. Once the proportionate share of funds is<br />
determined, the funds that are expended do not have to be federal funds. Therefore, using state<br />
categorical aid funds or local funds could meet the requirements of the proportionate share of funds.<br />
The Kentucky Constitution, Section 189, does prohibit the appropriation, use, and aid of any<br />
nonpublic (i.e., private) school through state taxes levied for <strong>education</strong>al purposes; therefore,<br />
teachers paid from the district’s general fund cannot provide services at the private school site.<br />
An LEA shall not consider the costs [Child Find], including the cost of individual evaluations incurred by the LEA’s<br />
Child Find activities, in meeting its obligation under Section 4(3) of this administrative regulation.<br />
707 KAR 1:370, Section 2(4)<br />
Consultation With Representatives of Private <strong>Schools</strong> Regarding Services<br />
A LEA shall consult, in a meaningful and timely fashion, with private school representatives, and parents or<br />
representatives of parentally-placed school <strong>child</strong>ren with disabilities during the design and development of special<br />
<strong>education</strong> and related services regarding the following:<br />
(a) The <strong>child</strong> find process, including how <strong>child</strong>ren suspected of having a disability can participate equitably and how<br />
parents, teachers, and private school officials will be informed of the process;<br />
(b) The determination of the proportionate share of federal funds including how calculated;<br />
(c) How the consultation process will operate throughout the school year to ensure that parentally-placed <strong>child</strong>ren with<br />
disabilities identified through the <strong>child</strong> find process can meaningfully participate in special <strong>education</strong> and related<br />
services;<br />
(d) How, where, and by whom special <strong>education</strong> and related services will be provided including:<br />
1. A discussion of the types of services, including direct services and alternate service delivery methods;<br />
2. How special <strong>education</strong> and related services will be apportioned if funds are not sufficient to serve all parentally<br />
placed private school students with disabilities; and<br />
3. How and when those decisions will be made; and<br />
(e) How the LEA will provide a written explanation to the private schools of the reasons why the LEA chose not to<br />
provide services directly or through contract, if the LEA disagrees with the views of the private school<br />
representatives.<br />
When timely and meaningful consultation has occurred, the LEA shall obtain a written affirmation signed by the<br />
representatives of the private schools. If a private school does not provide the affirmation within a reasonable period of<br />
time, the LEA shall forward the documentation of the consultation process to the KDE.<br />
707 KAR 1:370, Section 5(1-2)<br />
After the determination of the amount of funds that must be allocated for providing services to<br />
<strong>child</strong>ren and youth in private school and prior to the beginning of the school year, the district:<br />
A. Consults with representatives of the private school;<br />
B. Determines which <strong>child</strong>ren and youth or group of students will receive services;<br />
C. Determines what type of services will be provided;<br />
D. Determines how and where services will be provided; and<br />
E. Determines how the services provided will be evaluated.<br />
Consultations with appropriate representatives of private school students occur prior to making<br />
decisions that affect the ability of a student in a private school to participate in services. These<br />
10: Private <strong>Schools</strong> 3
epresentatives must have a genuine opportunity to express their views and to provide input in the<br />
decision-making process. The district ultimately determines the types and levels of services to be<br />
provided.<br />
The <strong>child</strong> tracking system is used by the executive director of ECE to obtain a list of private schools<br />
located within the district’s geographical boundaries and a list of <strong>child</strong>ren with disabilities who are<br />
attending these private schools. The director of Pupil Personnel/designee maintains the <strong>child</strong><br />
tracking system in accordance with KRS 159.160, which requires nonpublic schools to report to the<br />
local superintendent information needed to comply with the laws regarding compulsory school<br />
attendance. Using this listing, the executive director of ECE mails letters to administrators of all<br />
private schools. This letter explains the opportunity for input (e.g., meeting, written response) into<br />
the district plans for conducting Child Find — including locating and identify needs — for private<br />
school <strong>child</strong>ren and youth with disabilities. The executive director of ECE/designee maintains<br />
written records of this process and the input received from appropriate representatives of private<br />
schools.<br />
Following the consultation, the district reviews the needs of all parentally placed private school<br />
<strong>child</strong>ren; considers the views of the parents and private school representatives; and considers the<br />
number of students, type(s) of services, location of services, and the service provider to determine<br />
how to apportion the funds for “equitable participation.” The district requests a written affirmation<br />
from the private school representatives that they participated in the meeting. If the district does not<br />
receive a written affirmation, the district submits written documentation of the process and sends it<br />
to the KDE Office of Exceptional Children.<br />
SECTION IV<br />
SERVICES PROVIDED UNDER SERVICES PLANS<br />
The student with a disability who is unilaterally placed in a private school by parents may, under<br />
some circumstances, actually be entitled to receive no services from the district.<br />
An LEA shall ensure that services provided under a services plan shall be provided by personnel meeting the same<br />
standards as personnel providing services in the public school, except private school teachers that provide services under<br />
a service plan shall not have to meet the highly qualified special <strong>education</strong> teacher requirements of 20 U.S.C. 1401(10).<br />
Private school <strong>child</strong>ren with disabilities may receive a different amount of services than <strong>child</strong>ren with disabilities in<br />
public schools. There shall be no individual right to special <strong>education</strong> and related services, but the student shall receive<br />
the services provided in the service plan in light of the services the LEA has determined to provide.<br />
A private school <strong>child</strong> with disability who has been designated to receive services shall have a services plan that<br />
describes the specific special <strong>education</strong> or related services that the LEA will provide in light of the services the LEA has<br />
determined to provide private school <strong>child</strong>ren with disabilities through the process in Section 5 of this administrative<br />
regulation.<br />
707 KAR 1:370, Section 6(1-3)<br />
The services plan shall, to the extent appropriate:<br />
(a) Meet the requirements of an IEP under 707 KAR 1:320 with respect to the services provided; and<br />
(b) Be developed, reviewed, and revised consistent with the requirements to develop, review, and revise IEP’s.<br />
707 KAR 1:370, Section 6(4)<br />
4 10: Private <strong>Schools</strong>
Services delivered through a service plan shall be provided by:<br />
(a) Employees of the LEA; or<br />
(b) Through a contract with the LEA.<br />
707 KAR 1:370, Section 6(5)<br />
Special <strong>education</strong> and related services provided through a service plan shall be secular, neutral, and nonideological.<br />
707 KAR 1:370, Section 6(6)<br />
A services plan is implemented for each <strong>child</strong> or youth with a disability who is designated to receive<br />
services.<br />
Once it is decided which <strong>child</strong>ren and youth or group of students with disabilities will receive<br />
services, the district, through an Admissions and Release Committee (ARC) meeting, is responsible<br />
for preparing a services plan for each eligible student who is designated to receive services. Children<br />
and youth in private schools have no individual right to receive free and appropriate public <strong>education</strong><br />
(FAPE); however, they are allowed to receive services through a services plan. The process for<br />
developing the services plan generally follows the Individual Education Program (IEP) process, in<br />
that services should be related to the <strong>child</strong>’s or youth’s individual needs resulting from the disability.<br />
The services plan contains IEP components related to the actual service(s) to be provided to the<br />
private school student with a disability. Like an IEP, the services plan must be reviewed and revised<br />
on an annual basis, or as necessary, in accordance with procedures in Chapter 5, “Individual<br />
Education Program.”<br />
ARC meetings are scheduled and conducted in accordance with procedures in Chapter 5 and Chapter<br />
7, “Procedural Safeguards and State Complaint Procedures.” Any ARC meeting to develop, review,<br />
and revise a services plan must include all of the participants required for an ARC meeting in<br />
accordance with procedures in Chapter 5. A representative of the private school is included in the<br />
ARC to develop or revise a <strong>child</strong>’s or youth’s services plan. If the representative cannot attend the<br />
ARC meeting, the district uses other methods to ensure the representative’s participation, including<br />
individual or conference telephone calls. The participation of the <strong>child</strong>’s or youth’s private school<br />
teacher meets this requirement.<br />
If a determination is made that the <strong>child</strong> needs special <strong>education</strong> and related services, the general<br />
rule is that an IEP must be developed for the <strong>child</strong> in accordance with Chapter 5, with one important<br />
exception. If the parents make clear that they intend to enroll their <strong>child</strong> in a private school and that<br />
they are not interested in a public program or placement for their <strong>child</strong>, the district need not develop<br />
an IEP for the <strong>child</strong>. If the parents choose not to accept the district’s offer to make FAPE available to<br />
their <strong>child</strong>, the district still must include the <strong>child</strong> in its eligible population of parentally-placed<br />
private school <strong>child</strong>ren and youth with disabilities.<br />
A services plan describes the special and/or related services that the student will receive from the<br />
district. The services are provided by personnel who meet the same standards as personnel who<br />
provide services to other <strong>child</strong>ren and youth with disabilities in the district. The services plan<br />
describes the specific special <strong>education</strong> and/or related services to be provided to the student as a<br />
result of the consultation with appropriate representatives. To the extent appropriate, the services<br />
plan includes all of the IEP requirements, in accordance with Chapter 5. The elements in each <strong>child</strong>’s<br />
or youth’s services plan may vary, however, depending on the services to be provided.<br />
10: Private <strong>Schools</strong> 5
SECTION V<br />
LOCATION OF SERVICES<br />
A service to a private school <strong>child</strong> with a disability may be provided at a site determined by the LEA. If necessary for the<br />
<strong>child</strong> to benefit from or participate in the services provided under a services plan, the private school <strong>child</strong> with a<br />
disability shall be provided transportation:<br />
(a) From the <strong>child</strong>’s school or the <strong>child</strong>’s home to a site other than the private school; and<br />
(b) From the service site to the private school, or to the <strong>child</strong>’s home, depending on the timing of the services.<br />
707 KAR 1:370, Section 7(1)<br />
A LEA shall not be required to provide transportation from the <strong>child</strong>’s home to the private school.<br />
The cost of transportation may be included in calculating the amount to be expended on private school <strong>child</strong>ren with<br />
disabilities. 707 KAR 1:370, Section 7(2-3)<br />
The district, in consultation with the private school and the parents, makes the final decision about<br />
the location of the delivery of services. Ultimately, the decision rests with the district.<br />
SECTION VI<br />
DUE-PROCESS PROCEDURES<br />
Parents<br />
The due process procedures afforded to parents and <strong>child</strong>ren with disabilities described in 707 KAR 1:340, Sections 4, 6,<br />
8, 9, 10, 11, 12 shall not apply to complaints that the LEA failed to meet the requirements of this administrative<br />
regulation, including the provision of services indicated on a services plan. However, these requirements may be the<br />
basis for a written formal complaint under 707 KAR 1:340, Section 7. The due process procedures described in 707<br />
KAR 1:340 shall apply to complaints that the LEA failed to complete its responsibilities under <strong>child</strong> find for private<br />
school <strong>child</strong>ren with disabilities and its responsibilities to evaluate and determine eligibility for private school <strong>child</strong>ren<br />
with disabilities.<br />
707 KAR 1:370, Section 8(1)<br />
Parents of <strong>child</strong>ren and youth who are voluntarily enrolled in private schools and receiving services<br />
under a services plan cannot seek due-process or mediation regarding the school’s alleged failure to<br />
meet the requirement of providing services to these <strong>child</strong>ren and youth. Rather, the parents may<br />
request a meeting to review and revise the <strong>child</strong>’s or youth’s services plan, or the state complaint<br />
process may be used. Parents can seek due process to challenge the district’s Child Find activities or<br />
its failure to comply with the evaluation requirements.<br />
In the event of disagreements between parents and the district, the ARC chairperson/district<br />
representative is responsible for explaining to the parents their rights under this section of KAR.<br />
Private School May Submit Complaint<br />
A private school official has the right to submit a state written complaint to the LEA and the Kentucky Department of<br />
Education as outlined in 707 KAR 1:340, Section 7, for allegations that the LEA:<br />
(a) Did not engage in timely and meaningful consultation; or<br />
(b) Did not give due consideration to the views of the private school official.<br />
707 KAR 1:370, Section 8(2)<br />
6 10: Private <strong>Schools</strong>
If the private school official submits a state written complaint, the official shall provide the basis of the alleged<br />
noncompliance by the LEA.<br />
If the private school official is dissatisfied with the final decision of the Kentucky Department of Education, the official<br />
may submit a complaint to the Secretary of the United States Department of Education. If such a complaint is filed with<br />
the secretary, the Kentucky Department of Education shall forward the appropriate documentation to the Secretary.<br />
707 KAR 1:370, Section 8(3-4)<br />
SECTION VII<br />
RESTRICTIONS ON SERVING NONPUBLIC STUDENTS<br />
An LEA shall not use funds under part B of IDEA to finance the existing level of instruction in a private school or to<br />
otherwise benefit the private school. The LEA shall use the funds provided under IDEA to meet the special <strong>education</strong><br />
and related services needs of private school <strong>child</strong>ren with disabilities but not for:<br />
(a) The needs of a private school; or<br />
(b) The general needs of the students enrolled in the private school. 707 KAR 1:370, Section 9(1)<br />
An LEA may use funds under Part B of IDEA to make public school personnel available in private schools to the extent<br />
necessary to provide services under a services plan and if those services are not normally provided by the private school.<br />
707 KAR 1:370, Section 9(2)<br />
An LEA may use funds under Part B of IDEA to pay for services of private school personnel to provide services under a<br />
services plan and if the employee performs the services outside his regular hours of duty and the employee performs the<br />
services under the supervision and control of the LEA. 707 KAR 1:370, Section 9(3)<br />
The LEA shall keep title to and exercise continuing administrative control of all property, equipment, and supplies that<br />
the LEA acquires with funds under Part B of IDEA and uses for the benefit of private school <strong>child</strong>ren with disabilities.<br />
An LEA may place equipment and supplies in a private school for the period of time needed to provide the services.<br />
707 KAR 1:370, Section 9(4)<br />
The LEA shall ensure that the equipment, and supplies placed in a private school are used only for Part B purposes and<br />
can be removed from the private school without remodeling the private school facility.<br />
The LEA shall remove equipment and supplies from the private school if the equipment and supplies are no longer<br />
needed for Part B purposes, or if removal is necessary to avoid unauthorized use of the equipment and supplies.<br />
707 KAR 1:370, Section 9(5-6)<br />
The LEA shall not use any funds under Part B of IDEA for repairs, minor remodeling, or construction of private school<br />
facilities. 707 KAR 1:370, Section 9(7)<br />
The executive director of ECE will monitor the use of Part B funds that are used to provide services<br />
to private school <strong>child</strong>ren and youth in order to ensure for legal compliance in the use of such funds.<br />
10: Private <strong>Schools</strong> 7
SECTION VIII<br />
CHILDREN WITH DISABILITIES ENROLLED IN PRIVATE<br />
SCHOOLS BY THEIR PARENTS WHEN FAPE IS AN ISSUE<br />
An LEA shall make FAPE § available to each <strong>child</strong> with a disability. If a parent decides to place his <strong>child</strong> with a disability<br />
in a private school after the offer of FAPE, the LEA shall not be required to pay for the cost of the private <strong>education</strong>.<br />
Disagreements between a parent and the LEA regarding the availability of a program appropriate for the student and<br />
financial responsibility shall be subject to the due process procedures in 707 KAR 1:340.<br />
707 KAR 1:370, Section 1(1)<br />
If the ARC determines that the district has an appropriate <strong>education</strong>al program for the student and<br />
the parent chooses to place the student in a program or facility in another county or independent<br />
district or private school, the parent assumes responsibility for payment of the costs incurred in<br />
educating the student. The district is not required to pay for the <strong>education</strong> of the student with a<br />
disability in any location other than the one selected by the district if the student has FAPE available<br />
from the public school district of residence and the parents chose to unilaterally place the student in<br />
a private school or facility.<br />
Disagreements between a parent and the district regarding the availability of an appropriate program<br />
for the student and financial responsibility are subject to the due-process procedures outlined in<br />
Chapter 7, “Procedural Safeguards and State Complaint Procedures.”<br />
If a parent of a <strong>child</strong> with a disability, who previously received special <strong>education</strong> and related services under the authority<br />
of the LEA enrolls the <strong>child</strong> in a private school without the consent of or referral by the LEA, a hearing officer or a court<br />
may award financial reimbursement to the parent if it is determined that the LEA did not offer FAPE to the <strong>child</strong> in a<br />
timely manner and the private placement is appropriate. This may be awarded even if the parents did not receive consent<br />
from the LEA for the private placement and the LEA did not make a referral to the private school. A hearing officer or a<br />
court may determine a private school placement to be appropriate even though it does not meet state standards that apply<br />
to the LEA. 707 KAR 1:370, Section 1(2)<br />
The amount of the financial reimbursement described in subsection (2) of this section may be reduced or denied if:<br />
(a) At the most recent ARC meeting prior to the removal by the parents of their <strong>child</strong> with a disability to the private<br />
school, the parents did not inform the LEA that they were rejecting the proposed LEA placement, including stating<br />
their concerns and their intent to enroll the <strong>child</strong> in a private school at public expense;<br />
(b) The parents did not give written notice to the LEA of the information described in paragraph (a) of this subsection at<br />
least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the <strong>child</strong>,;<br />
(c) Prior to the parent’s removal of the <strong>child</strong>, the LEA informed the parents of its intent to evaluate the <strong>child</strong> (including<br />
a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the<br />
<strong>child</strong> available for the evaluation; or<br />
(d) There is a judicial finding that the actions taken by the parents were unreasonable.<br />
707 KAR 1:370, Section 1(3)<br />
The district informs the parent of his or her responsibility to give notice to the district prior to<br />
withdrawing the <strong>child</strong> or youth from the district and enrolling him or her in a private school. This<br />
notice is given through the procedural safeguards notice provided to parents in accordance with<br />
Chapter 7 of these procedures.<br />
§ free appropriate public <strong>education</strong> (FAPE<br />
8 10: Private <strong>Schools</strong>
The amount of financial reimbursement shall not be reduced or denied for the failure to provide the notice described in<br />
subsection (3) of this section if:<br />
(a) The parent is illiterate;<br />
(b) Compliance with this notice requirement would likely result in physical or serious emotional harm to the <strong>child</strong>;<br />
(c) The school prevented the parent from providing the notice; or<br />
(d) The parent had not received notice from the LEA of his obligation to provide this notice.<br />
707 KAR 1:370, Section 1<br />
10: Private <strong>Schools</strong> 9