Kentucky Administrative Regulations › Title 707 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - KENTUCKY BOARD OF EDUCATION - DEPARTMENT OF EDUCATION - OFFICE OF SPECIAL INSTRUCTIONAL SERVICES › Chapter 1 - Exceptional and Handicapped Programs › Section 707 KAR 1:350 - Placement decisions

Current through Register Vol. 51, No. 1, July 1, 2024
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. 300.1-300.181, 20 U.S.C., 1400-1419
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
				making placement decisions about children with disabilities.
Section 1. Placement Decisions.
(1) An LEA shall ensure that to the maximum
			 extent appropriate, children with disabilities, including children placed by
			 the LEA in public or private institutions or other care facilities, are
			 educated with children who are nondisabled. The LEA shall ensure that special
			 classes, separate schooling, or other removal of children with disabilities
			 from the regular educational environment occurs only if education in the
			 regular education environment with the use of supplementary aids and services
			 cannot be satisfactorily achieved due to the nature or severity of the
			 disability.
(2) An LEA shall ensure
			 that a continuum of alternative placements is available to meet the needs of
			 children with disabilities for special education and related
			 services.
(3) The continuum shall
			 include the alternative placements of:
(a)
			 Instruction in regular classes;
(b)
			 Special classes;
(c) Special
			 schools;
(d) Home instruction;
			 and
(e) Instruction in hospitals
			 and institutions.
(4)
			 The LEA shall make provision for supplementary services to be provided in
			 conjunction with regular class placement.
(5) In determining the educational placement
			 of a child with a disability, the LEA shall ensure that the placement decision
			 is made by the ARC in conformity with the least restrictive environment
			 provisions.
(6) A child's placement
			 shall be:
(a) Determined at least
			 annually;
(b) Based on the child's
			 IEP; and
(c) As close as possible
			 to the child's home.
(7)
			 Unless the IEP of a child with a disability requires some other arrangement,
			 the child shall be educated in the school that he would attend if
			 nondisabled.
(8) In selecting the
			 least restrictive environment, consideration shall be given to any potential
			 harmful effects on the child or on the quality of services that he
			 needs.
(9) A child with a
			 disability shall not be removed from education in age-appropriate regular
			 classrooms solely because of needed modifications in the general
			 curriculum.
(10) In providing or
			 arranging for the provision of nonacademic and extracurricular services and
			 activities, an LEA shall ensure that a child with a disability participates
			 with nondisabled children in those services and activities to the maximum
			 extent appropriate to the needs of the child.