707 KAR 1:320. Individual education program

Link to law: http://www.lrc.ky.gov/kar/707/001/320.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov