KRS § 199.802 — KY Code / Title XVII / Chapter 199 / Section 199.802
199.802 Consideration of best interest of child in placing child within same or different school district -- Transportation to be provided as needed -- Timely record and information sharing -- Confidentiality of information
Status: in_force

199.802 Consideration of best interest of child in placing child within same or

different school district -- Transportation to be provided as needed -- Timely

record and information sharing -- Confidentiality of information.

(1) As used in this section:

(a) "Best interest of the child" means the determination regarding the enrollment

of a child made when considering all factors relating to the best interest of a

child, as outlined in 20 U.S.C. secs. 6301 et seq., including but not limited to:

1. The benefits to the child of maintaining educational stability;

2. The appropriateness of the current educational setting;

3. The child's attachment and meaningful relationships with staff and peers

at the current educational setting;

4. The influence of the school's climate on the child;

5. The safety of the child; and

6. The proximity of the placement to the school of origin, and how the

length of a commute would impact the child;

(b) "Child" means any person who has not reached his or her eighteenth birthday,

unless otherwise provided, that is in the care of the department;

(c) "Educational stability" means the maintenance of the enrollment of a child in

a particular school upon a transition to a different placement or living

arrangement when such maintenance is in the best interest of the child, and if

not, the enrollment of the child in a new school in a time and manner that

ensures the child experiences a minimal lapse in school attendance; and

(d) "School of origin" means the public school in which the child was enrolled

immediately prior to placement.

(2) In determining the placement of a child under KRS 199.801, the department shall, if

practicable, locate a placement within the same school district where the child was

most recently enrolled to allow the child to remain enrolled in the school of origin.

(3) (a) The department, in consultation with the local education agency, shall make

the determination on whether the child shall remain enrolled in the school of

origin based on the best interest of the child, weighing the promotion of

educational stability as a primary factor.

(b) In accordance with 20 U.S.C. secs. 6301 et seq., the cost of transportation

shall not be a factor in determining the best interest of a child for an

enrollment decision.

(4) If the department finds it is in the best interest of a child to remain in the school of

origin upon placement of the child in a new school district, reasonable

transportation shall be offered from the location of placement to the school of origin

in which the child is enrolled for any regularly scheduled school day. In accordance

with 20 U.S.C. secs. 6301 et seq., costs incurred by a school district, foster parent,

child-placing agency, or child-caring facility for transportation to the school shall be

reimbursed by the department upon request.

(5) Upon the determination that changing a child's school of enrollment is in the best

interest of the child:

(a) The department, any applicable child-caring facility, child-placing agency,

school, and local school district, and the child's state agency caseworker shall

collaborate to ensure the immediate and appropriate enrollment of the child;

(b) 1. The child's state agency caseworker shall immediately contact the

receiving district to inform the district of the pending enrollment

changes.

2. The child's state agency caseworker or child-caring facility or child-

placing agency case manager shall either accompany the child and the

foster parent to the new school to enroll the child or contact applicable

staff at the new school via telephone during the day of enrollment, to

assist with the enrollment, to share information relating to the child's

unique needs and prior experiences that may impact their education, and

to identify and prevent disruptions in any instructional or support

services that the child may have been receiving prior to that time,

including but not limited to medical and behavioral health history and

individual service plans;

(c) In accordance with 20 U.S.C. secs. 6301 et seq., the new school shall

immediately enroll the child, even if the child is unable to produce records

required for enrollment, including but not limited to:

1. Academic records;

2. Medical records; and

3. Proof of residency;

(d) The new school shall immediately request the records of the child from the

child's previous school;

(e) The previous school shall provide the new school:

1. Notwithstanding KRS 159.170, all records within the student

information system maintained by the Kentucky Department of

Education regarding the child by the end of the working day on the day

of receipt of a request made under this subsection. If a record provided

to the new school is incomplete, the previous school shall provide the

completed record within three (3) working days of the original request;

and

2. In accordance with KRS 159.170, all remaining records regarding the

child within ten (10) working days of receipt of a request made under

this subsection;

(f) In accordance with 20 U.S.C. sec. 1232g, the department responsible for the

child, and the child's state agency caseworker, or child-caring facility or child-

placing agency case manager shall be granted access to all educational records

on a confidential basis in order to facilitate the proper transfer, enrollment,

and educational placement of the child;

(g) In accordance with KRS 158.140(1), promotions or credits earned in

attendance in any approved public school shall be accepted as valid at the new

school;

(h) The department, child-caring facilities, child-placing agencies, child's state

agency caseworkers, school districts, and foster parents shall each collaborate

with one another to ensure the educational stability of each child, and to assist

one another with meeting the educational needs of each child in furtherance of

the rights enumerated in KRS 620.363; and

(i) 1. The department, child-caring facilities, child-placing agencies, and a

child's state agency caseworker, may share information regarding a child

and facts learned about a child and his or her unique needs and prior

experiences, as necessary, with staff of the new school district in which

the child is enrolling in order to identify and serve the educational needs

of the child.

2. All information regarding a child or facts learned about a child by the

department, any child-caring facility or child-placing agency licensed by

the cabinet, or a child's state agency caseworker, and shared with staff of

a school district pursuant to this section, shall be deemed confidential in

the same manner and subject to the same provisions as similar records of

the cabinet. The information thus obtained shall not be published or be

open for public inspection, except to authorized employees of the school

district in performance of their duties and to identify and serve the

educational needs of the child.

(6) The school district in which the child is enrolled upon his or her successful

completion of all high school graduation requirements shall issue a diploma

indicating graduation from high school to the child.