707 KAR 1:320. Individual education
program.
RELATES TO: KRS 157.200, 157.220,
157.224, 157.226, 157.230, 157.250, 157.260, 157.270, 157.280, 157.285,
157.290, 157.360, 158.030, 158.100, 158.150, 160.290, 34 C.F.R. 300.1-300.818,
20 U.S.C. 1400-1419
STATUTORY AUTHORITY: KRS 156.070(1),
156.160, 157.220, 157.224, 157.260, 167.015
NECESSITY, FUNCTION, AND CONFORMITY: KRS
157.200 to 157.290 establish the statutory framework for special education
programs in local school districts. KRS 157.220 requires the Kentucky Board of
Education to adopt rules and administrative regulations for proper
administration of these programs. KRS 156.035 authorizes the Kentucky Board of
Education to implement any act of Congress appropriating funds to the state and
to provide for the proper apportionment and disbursement of these funds in
accordance with state and federal laws. 20 U.S.C. 1407 and 1412 and 34 C.F.R.
300.100 require that policies and procedures be adopted to assure the
apportionment and disbursement of federal funds for exceptional children
programs in accordance with applicable laws. This administrative regulation
establishes requirements for the development, implementation, and revision of
individual education programs for each child with a disability.
Section 1. Individual Education Programs.
(1) An LEA shall ensure an IEP is developed and implemented for each child with
a disability served by that LEA, and for each child with a disability placed in
or referred to a private school or facility by the LEA.
(2) Kentucky School for the Deaf and Kentucky
School for the Blind, in conjunction with the child’s resident LEA, shall
ensure that an IEP is developed and implemented for each child with a
disability placed in its school by an ARC.
(3) At the beginning of the school year, an
LEA shall have an IEP in effect for each child with a disability within its
jurisdiction.
(4) An LEA shall ensure the IEP:
(a) Is in effect before specially
designed instruction and related services are provided to a child with a disability;
and
(b) Is implemented as soon as possible
following an ARC meeting.
(5) An LEA (or state agency responsible
for developing the child’s IEP) shall ensure that there is no delay in
implementing a child’s IEP, including any case in which the payment source for
providing or paying the special education and related services to the child is
being determined.
(6) An LEA shall ensure that:
(a) The child’s IEP is accessible to each
regular education teacher, special education teacher, related services provider,
and other service providers who are responsible for its implementation;
(b) Prior to the implementation of the
IEP, each implementer is informed of his specific responsibilities related to
implementing the child’s IEP; and
(c) The specific accommodations,
modifications, and supports are provided for the child in accordance with the
IEP.
(7) An IEP shall be in place for all
eligible children aged three (3) through five (5).
Section 2. ARC Meetings. (1) An LEA shall
ensure that each child has an ARC which includes the membership in Section 3 of
this administrative regulation and is initiated and conducted for the purpose
of developing, reviewing, and revising the IEP.
(2) An ARC shall not have to be convened
in order to make minor, nonprogrammatic, changes to an IEP, such as
typographical errors, incorrect directory information about the student (such
as, birth date, age, grade, address, or school), and other information required
on the IEP that was agreed upon by the ARC but incorrectly recorded. If the LEA
makes any minor, nonprogrammatic changes, all members of the ARC shall be given
a copy of the changes and an explanation as to why the changes were made within
ten (10) school days of the changes being made. If any member of the ARC
objects to the changes, an ARC meeting shall be convened within a reasonable
period of time to discuss the changes.
(3) An LEA shall ensure that within sixty (60)
school days following the receipt of the parental consent for an initial
evaluation of a child:
(a) The child is evaluated; and
(b) If the child is eligible, specially
designed instruction and related services will be provided in accordance with
the IEP.
(4) Within this sixty (60) school-day
period, an LEA shall ensure that the ARC meeting to develop an IEP for the
child is conducted within thirty (30) days of the determination that the child
is eligible.
(5) The sixty (60) school-day timeline
shall not apply in the following situations:
(a) If the child moves to a new LEA after
consent for the initial evaluation is given but before the evaluation can be
completed, as long as the new LEA is making sufficient progress to complete the
evaluation and the parent and the LEA agree to a specific time when the
evaluation shall be completed; or
(b) If the parent repeatedly fails or
refuses to produce the child for evaluation.
(6) An LEA shall ensure that the ARC:
(a) Reviews each child’s IEP
periodically, but no less than annually, to determine whether the annual goals
for the child are being achieved; and
(b) Revises the IEP in accordance with 34
C.F.R. 300.324(b)(1)(ii).
Section 3. ARC Membership. (1) An LEA
shall ensure that the ARC for each child with a disability includes:
(a) The parents of the child;
(b) Not less than one (1) regular
education teacher of the child (if the child is or may be participating in the
regular education environment) to provide information about the general
curriculum for same aged peers;
(c) Not less than one (1) special
education teacher of the child or a special education teacher who is
knowledgeable about the child’s suspected disability or, if appropriate, at
least one (1) special education provider of the child;
(d) A representative of the LEA who is
qualified to provide, or supervise the provision of, specially designed
instruction to meet the unique needs of children with disabilities, is
knowledgeable about the general curriculum and the availability of the
resources of the LEA;
(e) An individual who can interpret the
instructional implications of evaluation results who may be a member of the
team described in paragraphs (b) through (d) of this subsection;
(f) An individual who has knowledge or
special expertise regarding the child at the discretion of the parent or the
LEA;
(g) Related services personnel, as appropriate;
and
(h) The child, if appropriate.
(2) A member of the ARC team listed above
may be dismissed from attendance, in whole or in part, if the parents and the
LEA agree in writing prior to the ARC meeting that the attendance of that
member is not necessary because the member’s area of curriculum or related
services is not being modified or discussed in the ARC meeting.
(3) A member of the ARC team listed above
may be dismissed from attendance, in whole or in part, if the parents and the
LEA agree in writing prior to the ARC meeting to waive the attendance of that
member even though the member’s area of curriculum or related services will be
discussed or modified if:
(a) The parent and the LEA consent in
writing to the excusal; and
(b) The member submits, in writing, to
the parent and the ARC team, input into the development of the IEP prior to the
meeting.
(4) If the purpose of the ARC is to discuss
transition services for a child with a disability as described in Section 4(3)
and (4) of this administrative regulation, the child shall be invited to the
ARC. If the child does not attend the ARC meeting, the LEA shall take other
steps to ensure that the child's preferences and interests are considered. A
public agency that is likely to be responsible for providing or paying for
transition services shall also be invited to the extent appropriate and with
the consent of the parent or the child, if the child is an emancipated adult.
If the representative of the other public agency does not attend, the LEA shall
take other steps to obtain participation of the other agency in the planning of
any transition services.
(5) If the purpose of the ARC is to
determine eligibility for a child suspected of having a specific learning
disability, the ARC shall also include the personnel listed in 707 KAR 1:310,
Section 2(1), in addition to the personnel listed in subsection (1) of this
section.
(6) If the purpose of the ARC meeting is
to discuss transition from the early intervention program into the preschool
program, the LEA shall invite a representative of the early intervention
program to the initial transition ARC meeting if the parent requests. At the
ARC meeting, the child’s previous Individualized Family Service Plan that was
used by the early intervention program shall be considered when developing the
new IEP for the child.
Section 4. Parent Participation. (1) An
LEA shall ensure that one (1) or both of the parents of a child with a
disability are present at each ARC meeting or are afforded the opportunity to participate.
Except for meetings concerning a disciplinary change in placement or a safety
issue, an LEA shall provide written notice to the parents of a child with a
disability at least seven (7) days before an ARC meeting. The meeting shall be
scheduled at a mutually-agreed-on time and place.
(2) An LEA shall send an ARC meeting
invitation to the parents which includes:
(a) The purpose;
(b) Time;
(c) Location of the meeting;
(d) Who will be in attendance;
(e) Notice that the parents may invite
people with knowledge or special expertise of the child to the meeting; and
(f) Notice that the LEA will invite
representatives from the early intervention program to the initial meeting, if
the parents request it.
(3) If the child is in the eighth grade
year, or has reached the age of fourteen (14) years, the invitation shall state
that a purpose of the meeting will be the development of a statement for the
need for transition services for the child and state that the child is invited.
This subsection shall apply to a child younger than fourteen (14) years of age
if determined to be appropriate by the ARC.
(4) For a child with a disability,
beginning no later than the IEP that will be in effect when the child turns
sixteen (16), the invitation shall state that a purpose of the meeting is the
consideration of the postsecondary goals and needed transition services for the
child and shall include the identity of any other agency that is invited to
send a representative. This subsection shall apply to a child younger than
sixteen (16) years of age if determined to be appropriate by the ARC.
(5) An LEA shall ensure parent
participation in the ARC meeting if the parent is unable to attend by using
other methods, which may include individual or conference telephone calls or
video conferencing.
(6) An ARC meeting may be conducted
without a parent in attendance if the LEA is unable to convince the parent that
he should attend. The LEA shall have a record of its attempts to arrange a mutually-agreed-on
time and place, which may include:
(a) Detailed records of telephone calls
made or attempted and the results of those calls;
(b) Copies of correspondence sent to the
parents and any responses received; and
(c) Detailed records of visits to the
parent’s home or place of employment and the results of those visits.
(7) When using an interpreter or other
action, as appropriate, an LEA shall take whatever action is necessary to
ensure that the parents understand the proceedings at the ARC meeting,
including arranging for an interpreter for parents with deafness or whose native
language is other than English.
(8) An LEA shall give the parent a copy
of the child's IEP at no cost to the parent.
Section 5. Contents of IEP. (1) An ARC
shall consider in the development of an IEP:
(a) The strengths of the child and the
concerns of the parents for enhancing the education of their child;
(b) The results of the initial or most
recent evaluation of the child;
(c) As appropriate, the results of the
child’s performance on any general state or districtwide assessment programs;
and
(d) the academic, developmental, and functional
needs of the child.
(2) An ARC shall:
(a) In the case of a child whose behavior
impedes his or her learning or that of others, consider, if appropriate, strategies,
including positive behavioral interventions, strategies, and supports to
address that behavior;
(b) In the case of a child with limited
English proficiency, consider the language needs of the child as those needs
relate to the child’s IEP;
(c) In the case of the child who is blind
or visually impaired, provide for instruction in Braille and the use of
Braille, unless the ARC determines, after an evaluation of the child’s reading
and writing skills, needs, and appropriate reading and writing media (including
an evaluation of the child’s future needs for instruction in Braille or the use
of Braille), that instruction in Braille or the use of Braille is not
appropriate for the child;
(d) Consider the communication needs of
the child;
(e) In the case of a child who is deaf or
hard of hearing, consider the child’s language and communication needs,
opportunities for direct communications with peers and professional personnel
in the child’s language and communication mode, academic level, and full range
of needs, including opportunities for direct instruction in the child’s
language and communication mode; and
(f) Consider whether the child requires
assistive technology.
(3) All the factors listed in this
section shall be considered, as appropriate, in the review, and if necessary,
revision of a child’s IEP.
(4) Once the ARC has considered all the
factors listed in this section the ARC shall include a statement on the IEP
indicating the needs for a particular device or service (including an
intervention, accommodation, or other program modification), if any are needed,
in order for the child to receive a free appropriate public education (FAPE).
(5) A regular education teacher of the
child, as a member of the ARC, shall, to the extent appropriate, participate in
the development, review, and revision of the child’s IEP, including assisting
in the determination of appropriate:
(a) Positive behavioral interventions and
strategies for the child;
(b) Supplementary aids and services; and
(c) Program modifications or supports for
school personnel that will be provided for the child.
(6) An ARC shall not be required to
include information under one (1) component of a child’s IEP that is already
contained under another component of the child’s IEP.
(7) The IEP for each child shall include:
(a) A statement of the child’s present
levels of academic achievement and functional performance, including how the
child’s disability affects the child’s involvement and progress in the general
curriculum as provided in the Kentucky Program of Studies, 704 KAR 3:303, or
for preschool children, as appropriate, how the disability affects the child’s
participation in appropriate activities; and
(b) A statement of measurable annual
goals, including academic and functional goals, designed:
1. Meet the child’s needs that result
from the disability to enable the child to be involved in and progress in the
general curriculum as provided in the Kentucky Program of Studies, 704 KAR
3:303, or for preschool children, as appropriate, to participate in appropriate
activities; and
2. Meet the child’s other educational
needs that result from the disability.
(c) A LEA’s procedures may determine the
use of benchmarks or short-term objectives for a child’s IEP.
(8) An IEP shall include a statement of
the specially designed instruction and related services and supplementary aids
and services, based on peer-reviewed research to the extent practicable to be
provided to the child, or on behalf of the child. There shall also be a
statement of the program modifications and supports for school personnel that
will be provided for the child to:
(a) Advance appropriately toward
attaining the annual goals;
(b) Be involved and make progress in the
general curriculum;
(c) Participate in extracurricular and
other nonacademic activities; and
(d) Be educated and participate with
other children with and without disabilities.
(9) An IEP shall contain an explanation
of the extent, if any, to which the child will not participate with nondisabled
children in regular classes.
(10) An IEP shall contain a statement of
any individual accommodations to be provided the child in order to participate
in the state or districtwide assessment. These accommodations shall be based on
the requirements contained in 703 KAR 5:070, Inclusion of special populations
in the state-required assessment and accountability programs.
(11) If the ARC determines that the child
meets the criteria for participation in the alternate portfolio, as provided in
703 KAR 5:070, it shall provide a statement of its decision and the reasons for
the decision.
(12) An IEP shall include the projected
date of the beginning of the services and modifications listed on the IEP and
the anticipated frequency, location (whether regular or special education), and
duration of the services and modifications.
(13) An IEP shall include a statement of:
(a) How the child’s progress toward
meeting the annual goals will be measured; and
(b) When periodic reports on the progress
the child is making toward meeting the annual goals, (which may include the use
of quarterly or other periodic reports concurrent with the issuance of report
cards) will be provided.
(14) At least one (1) year prior to the
child reaching the age of majority, the IEP shall include a statement that the
child has been informed of the child’s rights under 707 KAR Chapter 1, and that
the rights will transfer to the child upon reaching the age of majority.
(15) The IEP shall also include the
requirements for transition services for eligible students as detailed in
Section 7 of this administrative regulation.
Section 6. Program for Students who Transfer.
(1) If a child with a disability transfers between LEAs within the same
academic year within Kentucky, and had an IEP in effect in Kentucky, the child
shall be provided a free, appropriate public education by the receiving LEA
including services comparable to those described in the previous IEP. These
services shall be provided in consultation with the parents and until the
receiving LEA adopts the previous IEP or develops, adopts, and implements a new
IEP.
(2) If a child with a disability
transfers from an LEA outside Kentucky to an LEA within Kentucky within the
same academic year, and had an IEP in effect in the other state, the child
shall be provided a free, appropriate public education by the receiving LEA
including services comparable to those described in the previous IEP. These
services shall be provided in consultation with the parents and until the
receiving LEA conducts an evaluation, if determined necessary, and develops,
adopts, and implements a new IEP if the child is a child with a disability as
defined in 707 KAR 1:280, Section 1(9).
(3) To facilitate the transition of a
child who transfers, the receiving LEA shall take reasonable steps to obtain
the child’s records, including the IEP, supporting documents, and any other
records, including discipline records, relating to the provision of special education
and related services. The previous LEA shall take reasonable steps to promptly
respond to such requests from the receiving LEA.
Section 7. Transition Services. (1) In
the child’s eighth grade year or when the child has reached the age of fourteen
(14) years, and in alignment with the child’s Individual Learning Plan (as required
by 704 KAR 3:305), or earlier if determined appropriate by the ARC, the IEP for
a child with a disability shall include a statement of the transition service
needs of the child under the applicable components of the child’s IEP that
focus on the child’s course of study. This statement shall be updated annually.
(2) By the child's 16th birthday, the IEP
shall include:
(a) Appropriate, measurable,
postsecondary goals based upon age-appropriate transition assessments, related
to training, education, employment, and, where appropriate, independent living
skills; and
(b) The transition services (including
the course of study) needed to assist the child in reaching these goals.
(3) Transition services for children with
disabilities may be special education, if provided as specially designed
instruction or related services, and if required to assist a child with a
disability to benefit from special education.
(4) If an agency, other than the LEA, (or
state agency responsible for developing the child’s IEP) fails to provide the
transition services described in the IEP, the LEA (or the state agency
responsible for developing the child’s IEP) shall reconvene the ARC to identify
alternative strategies to meet the child’s transition objectives set out in the
IEP.
(5) A participating agency shall not be
relieved of the responsibility under IDEA to provide or pay for any transition
service that the agency would otherwise provide to children with disabilities
who meet the eligibility criteria of the agency.
Section 8. Private School Placements by
the LEA. (1) Prior to placing a child with a disability in, or referring a
child to, a private school or facility, the LEA shall initiate and conduct an
ARC meeting to develop an IEP for the child.
(2) The LEA shall ensure that a
representative of the private school or facility attends the meeting. If the
representative cannot attend, the LEA shall use other methods to ensure
participation by the private school or facility, including individual or
conference telephone calls.
(3) After a child with a disability is
placed in a private school or facility, any meetings to review and revise the
child’s IEP may be initiated and conducted by the private school or facility at
the discretion of the LEA.
(4) If a private school or facility
initiates the meetings, the LEA shall ensure that the parents and LEA staff are
involved in any decision about the child’s IEP and agree to any proposed
changes in the IEP before those changes are implemented. If a child with a
disability is placed by the LEA in a private school or facility, the LEA shall
remain responsible for compliance with 707 KAR Chapter 1.
(5) An LEA that places a child with a
disability in or refers a child to a private school shall ensure that the
child:
(a) Is provided specially designed
instruction and related services in conformance with an IEP that meets the
standards of 707 KAR Chapter 1, and at no cost to the parents;
(b) Is provided an education that meets
the standards of the LEA, including general curriculum standards; and
(c) Has all the rights of any child with
a disability served by the LEA.
Section 9. IEP Accountability. (1) An LEA
shall provide specially designed instruction and related services to each child
with a disability in accordance with his IEP and shall make a good faith effort
to assist the child in achieving the goals, objectives, or benchmarks listed in
the IEP.
(2) An LEA shall be responsible for
including children with disabilities in the statewide assessment as provided in
703 KAR 5:070.
(3) The provisions of this administrative
regulation shall not limit the parents’ right to ask for revision of the
child’s IEP or to invoke due process procedures if the parents feel that good
faith efforts are not being made. (26 Ky.R. 2135; Am. 27 Ky.R. 160; 502; eff. 8-14-2000;
33 Ky.R. 3476; 34 Ky.R. 46; 553; 1726; eff. 11-5-2007.)
