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exceptional child education - Jefferson County Public Schools

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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

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