reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 38 - SCHOOL BUS TRANSPORTATION › Section 91-38-8 - Loading and unloading procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On routes.
(1) Each school bus driver shall activate the
			 alternately flashing warning lights as required by
			 K.S.A.
			 8-1556 and amendments thereto, at any time
			 that the loading or unloading of students occurs on the traveled portion of any
			 roadway.
(2) Each governing body
			 shall adopt procedures for the loading and unloading of students, consistent
			 with the requirements of this article of the department's regulations. The
			 procedures shall include the following:
(A)
			 Each school bus driver shall load and unload students off the roadway whenever
			 adequate space is provided, unless parking the bus off the roadway would
			 threaten the safety or stability of the bus or safety of the
			 students.
(B) Each school bus
			 driver shall direct students who cross the roadway when loading or unloading
			 from a school bus to cross only in front of the bus. The driver shall ensure
			 that all traffic has stopped and shall instruct students to wait for a signal
			 from the driver before crossing the roadway.
(C) Students shall not be required to cross
			 any divided highway, as defined in
			 K.S.A.
			 8-1414 and amendments thereto, or any roadway
			 consisting of more than one lane of traffic traveling in the same direction
			 excluding turn lanes in order to board the bus or to reach the students'
			 destination upon unloading from the bus.
(D) When the loading or unloading of students
			 takes place on a roadway, the bus shall stop in the far right-hand lane of the
			 roadway.
(E) Each driver shall
			 ensure that all students who have unloaded from the bus have moved a safe
			 distance away from the bus before the driver moves the bus.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 38 - SCHOOL BUS TRANSPORTATION › Section 91-38-9 - Emergency procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each governing
			 body shall adopt procedures to be followed by school transportation providers
			 if confronted with an emergency situation when on the road.
(b) Each governing body shall ensure that
			 students who are regularly transported to and from school in a school bus
			 receive instruction, at least once each semester, about practices and
			 procedures to follow if an emergency occurs while being transported.
(c) Each governing body shall ensure that
			 emergency evacuation drills are conducted at least once each semester. Each
			 emergency evacuation drill shall be supervised by the transportation supervisor
			 or the supervisor's designee.
(d)
			 The transportation supervisor shall prepare documentation of each emergency
			 evacuation drill, including the date of the drill, number of student
			 participants, and the names of the supervising personnel. This documentation
			 shall be kept on file for at least two years from the date of the drill.
(e) Before each activity trip, the
			 driver shall provide an explanation of the location and operation of the
			 emergency exits of the bus.
This regulation shall be effective on and after July 1, 2000.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 38 - SCHOOL BUS TRANSPORTATION › Section 91-38-10 - Use of urban mass transportation buses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A governing
			 body may contract with the operator of a mass transportation system to provide
			 school transportation for its students. Any contract for this transportation
			 shall include the information specified below in subsection (b).
(b) The operator shall keep and provide the
			 following information to the governing body, upon request:
(1) Documentation of vehicle lubrication,
			 maintenance, and repair as set forth in K.A.R. 91-38-3(d);
(2) documentation that any vehicle used to
			 transport students contains the emergency equipment required in K.A.R.
			 91-38-2(e); and
(3) documentation
			 that each driver used to provide student transportation meets the qualification
			 set forth in K.A.R. 91-38-6.
This regulation shall be effective on and after July 1, 2000.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Additional definitions of terms concerning student discipline
				are provided in
				K.A.R.
				91-40-33.
(a) "Adapted physical education" means
			 physical education that is modified to accommodate the particular needs of
			 children with disabilities.
(b)
			 "Agency" means any board or state agency.
(c) "Assistive technology device" means any
			 item, piece of equipment, or product system, whether acquired commercially off
			 the shelf, modified, or customized, that is used to increase, maintain, or
			 improve the functional capabilities of a child with a disability. The term
			 shall not include any medical device that is surgically implanted or the
			 replacement of the device.
(d)
			 "Assistive technology service" means any service that directly assists a child
			 with a disability in the selection, acquisition, or use of an assistive
			 technology device. This term shall include the following:
(1) Evaluating the needs of a child with a
			 disability, including a functional evaluation of the child in the child's
			 customary environment;
(2)
			 purchasing, leasing, or otherwise providing for the acquisition of assistive
			 technology devices by children with disabilities;
(3) selecting, designing, fitting,
			 customizing, adapting, applying, maintaining, repairing, or replacing assistive
			 technology devices;
(4)
			 coordinating and using other therapies, interventions, or services with
			 assistive technology devices, including those associated with existing
			 education and rehabilitation plans and programs;
(5) providing training or technical
			 assistance for a child with a disability or, if appropriate, that child's
			 family; and
(6) providing training
			 or technical assistance for professionals including individuals providing
			 education and rehabilitation services, employers, or other individuals who
			 provide services to, employ, or are otherwise substantially involved in the
			 major life functions of a child.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-2 - FAPE

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Each agency shall provide FAPE in
			 accordance with
			 K.S.A.
			 72-966 and amendments thereto, and with this
			 article.
(2) Each agency's
			 obligation to provide FAPE shall extend to exceptional children residing on
			 Indian reservations, unless these children are provided FAPE by the secretary
			 of the interior under federal law.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-3 - Ancillary FAPE requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agency
			 shall ensure that children with disabilities have available to them the same
			 variety of educational programs and services that are available to nondisabled
			 children served by the agency, including art, music, industrial arts, consumer
			 and homemaking education, and vocational education.
(b)
(1) Each
			 agency shall provide nonacademic and extracurricular services and activities in
			 the manner necessary to afford children with disabilities an equal opportunity
			 for participation in those services and activities, including the provision of
			 supplementary aids and services as determined to be necessary by the child's
			 IEP team.
(2) Nonacademic and
			 extracurricular services and activities shall include the following:
(A) Counseling services;
(B) athletics;
(C) transportation;
(D) health services;
(E) recreational activities;
(F) special interest groups or clubs
			 sponsored by the agency;
(G)
			 referrals to agencies that provide assistance to individuals with disabilities;
			 and
(H) employment of students,
			 including both employment by the agency and assistance in making outside
			 employment available.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-4 - FAPE for exceptional children housed and maintained in certain state institutions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Subject to
			 K.S.A.
			 72-1046 and amendments thereto, each state
			 agency shall provide FAPE to exceptional children housed and maintained at any
			 facility operated by the agency.
All educational programs shall comply with the requirements of
				state special education laws and regulations.
(b) State schools.
(1) The procedures for placing Kansas
			 residents into the Kansas state school for the blind and the Kansas state
			 school for the deaf shall meet the following requirements:
(A) Admission procedures shall be initiated
			 by the child's home school district and by the child's parent or parents.
(B) Placement of any child in a
			 state school shall be made only after the local school district and the child's
			 parent or parents have considered less restrictive placement options.
(C) Placement shall be based on a
			 child's IEP, which shall indicate a need for educational services provided at
			 the state school.
(D) Any agency
			 may refer a child to a state school for a portion or all of the child's
			 evaluation.
In such a case, a representative or representatives from the
				agency shall be included in any meeting at which the child's eligibility for
				services or placement is determined.
(E) If the initial evaluation and staffing
			 are conducted by any local school district and if one of the state schools is
			 proposed as a placement for the child, a representative or representatives from
			 the state school shall be included in the meeting at which placement for the
			 child is determined.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-5 - FAPE for detained or incarcerated children with disabilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Local detention
			 facilities.
(1) Subject to the provisions of
			 K.S.A.
			 72-1046 and amendments thereto, each board
			 shall provide FAPE to each child with a disability detained or incarcerated in
			 a local juvenile or adult detention facility located within its jurisdiction.
(2) The requirements in this
			 article concerning placement and LRE may be modified in accordance with the
			 child's detention or incarceration.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-7 - Child find

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each board
			 shall adopt and implement policies and procedures to identify, locate, and
			 evaluate all children with exceptionalities residing in its jurisdiction,
			 including children with exceptionalities who meet any of the following
			 criteria:
(1) Attend private schools;
(2) are highly mobile, including
			 migrant and homeless children; or
(3) are suspected of being children with
			 disabilities even though they are advancing from grade to grade.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-8 - Evaluations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agency
			 shall ensure that a full and individual evaluation is conducted for each child
			 being considered for special education and related services. Each evaluation
			 shall include procedures to determine the following:
(1) Whether the child is an exceptional
			 child; and
(2) what the
			 educational needs of the child are.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-9 - Evaluation procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If assessment
			 instruments are used as a part of the evaluation or reevaluation of an
			 exceptional child, the agency shall ensure that the following requirements are
			 met:
(1) The assessment instruments or
			 materials shall meet the following criteria:
(A) Be selected and administered so as not to
			 be racially or culturally discriminatory; and
(B) be provided and administered in the
			 child's native language or other mode of communication and in the form most
			 likely to yield accurate information on what the child knows and can do
			 academically, developmentally, and functionally, unless this is clearly not
			 feasible.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-10 - Eligibility determination

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) After completion of appropriate
			 evaluation procedures, a team of qualified professionals and the parent of the
			 child who has been evaluated shall prepare a written evaluation report that
			 includes a statement regarding each of the following matters:
(A) The determination of whether the child
			 has an exceptionality;
(B) the
			 basis for making the determination;
(C) the relevant behavior noted during the
			 observation of the child;
(D) the
			 relationship of that behavior to the child's academic functioning;
(E) educationally relevant medical findings,
			 if any; and
(F) if the child was
			 evaluated for a specific learning disability, the additional information
			 specified in subsection (e).
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-11 - Evaluation for specific learning disability; use of response to intervention process

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a child is
			 suspected of having a specific learning disability and believed to need special
			 education services because of that disability, the agency shall ensure that the
			 evaluation of the child is made by the child's parent and a group of qualified
			 professionals, including the following individuals:
(1)
(A) The
			 child's regular education teacher or, if the child does not have a regular
			 education teacher, a regular classroom teacher qualified to teach a child of
			 the child's age; or
(B) for a
			 child of less than school age, an individual who is qualified to teach a child
			 of the child's age; and
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-12 - Right to independent educational evaluation

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Subject to the conditions specified in
			 this regulation, a parent of an exceptional child shall have the right to
			 request an independent educational evaluation at public expense if the parent
			 disagrees with the evaluation obtained by the agency.
(2) The parent shall be eligible for only one
			 independent educational evaluation at public expense in response to an
			 evaluation conducted by the agency.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-16 - IEP requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agency
			 shall be responsible for initiating and conducting meetings to develop, review,
			 and revise the IEP of each exceptional child served by the agency.
(b) Except as otherwise provided in
			 subsection (c), each agency shall ensure that the following conditions are met:
(1) An IEP is in effect before special
			 education and related services are provided to an exceptional child.
(2) Those services for which written consent
			 has been granted as specified by law are implemented not later than 10 school
			 days after parental consent is granted unless reasonable justification for a
			 delay can be shown.
(3) An IEP is
			 in effect for each exceptional child at the beginning of each school year.
(4) The child's IEP is accessible
			 to each regular education teacher, special education teacher, related service
			 provider, and other service provider who is responsible for its implementation.
(5) Each teacher and provider
			 described in paragraph (4) of this subsection is informed of the following:
(A) That individual's specific
			 responsibilities related to implementing the child's IEP; and
(B) the specific accommodations,
			 modifications, and supports that must be provided for the child in accordance
			 with the IEP.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-17 - IEP team meetings and participants

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agency
			 shall take steps to ensure that one or both of the parents of an exceptional
			 child are present at each IEP team meeting or are afforded the opportunity to
			 participate. These steps shall include the following:
(1) Scheduling each meeting at a mutually
			 agreed-upon time and place and informing the parents of the information
			 specified in subsection (b) of this regulation; and
(2) except as otherwise provided in K.A.R.
			 91-40-37, providing written notice, in conformance with subsection (b) of this
			 regulation, to the parents of any IEP team meeting at least 10 days in advance
			 of the meeting.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-18 - IEP development and content

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In developing
			 or reviewing the IEP of any exceptional child, each agency shall comply with
			 the requirements of
			 K.S.A.
			 72-987 and amendments thereto, and, as
			 appropriate, shall consider the results of the child's performance on any
			 general state or districtwide assessment programs.
(b) If, as a result of its consideration of
			 the special factors described in
			 K.S.A.
			 72-987(c) and amendments
			 thereto, an IEP team determines that a child needs behavioral interventions and
			 strategies, accommodations, assistive technology devices or services, or other
			 program modifications for the child to receive FAPE, the IEP team shall include
			 those items in the child's IEP.
(c) Each agency shall ensure that the IEP of
			 each exceptional child includes the information required by
			 K.S.A.
			 72-987(b) and amendments
			 thereto.
(d) Each agency shall
			 give the parent a copy of the child's IEP at no cost to the parent.
(e) At least one year before an exceptional
			 child reaches 18 years of age, the agency providing services to the child shall
			 ensure that the child's IEP includes a statement the student has been informed
			 of rights provided in the federal law, if any, that will transfer to the child
			 on reaching 18 years of age.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-19 - IEP liability

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agency,
			 teacher, and related services provider shall provide special education and
			 related services to an exceptional child in accordance with the child's IEP and
			 shall make a good faith effort to assist the child to achieve the goals and
			 objectives stated in the IEP.
(b)
			 An agency, teacher, or related services provider that complies with subsection
			 (a) of this regulation shall not be held liable or accountable if a child does
			 not achieve the growth projected in the goals and objectives stated in the
			 child's IEP.
(c) Nothing in this
			 regulation shall limit a parent's right to ask for revisions of the child's IEP
			 or to invoke due process procedures if the parent believes that the efforts
			 required in subsection (a) of this regulation are not being made.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-21 - Educational placement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agency
			 shall ensure that the children with disabilities served by the agency are
			 educated in the LRE.
(b) Each
			 agency shall ensure that a continuum of alternative educational placements is
			 available to meet the needs of children with disabilities. These alternative
			 educational placements shall meet the following criteria:
(1) Include instruction in regular classes,
			 special classes, and special schools; instruction in a child's home; and
			 instruction in hospitals and other institutions; and
(2) make provision for supplementary
			 services, including resource room and itinerant services, to be provided in
			 conjunction with regular class placement.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-22 - Agency placement in private schools or facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an agency
			 places a child with a disability in a private school or facility as a means of
			 providing FAPE to the child, the agency shall remain responsible for ensuring
			 that the child is provided the special education and related services specified
			 in the child's IEP and is afforded all the rights granted by the law.
(b)
(1) Before an agency places a child with a
			 disability in a private school or facility, the agency shall initiate and
			 conduct a meeting to develop an IEP for the child.
(2) The agency shall ensure that a
			 representative of the private school or facility attends the meeting. If a
			 representative cannot attend, the agency shall use other methods to ensure
			 participation by the private school or facility, including individual or
			 conference telephone calls.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-24 - Educational advocates

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Before taking any special education
			 action in regard to any child, an agency shall attempt to identify the parents
			 of the child and the parents' current whereabouts.
(2) If the parental rights of the parents of
			 an exceptional child have been severed, the secretary of social and
			 rehabilitation services or the secretary's designee shall notify the state
			 board or its designee of this fact and request the appointment of an
			 educational advocate for the child.
(3) If the identity of the parent or the
			 parent's current whereabouts cannot be determined, the agency shall take the
			 following action:
(A) Request that
			 proceedings be initiated, pursuant to the Kansas code for the care of children,
			 to determine whether the child is a child in need of care; and
(B) notify the state board or its designee,
			 within three business days, of the agency's determination and request the
			 appointment of an educational advocate for the child.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-25 - Opportunity to examine records and participate in meetings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agency
			 shall allow the parents of an exceptional child an opportunity to inspect and
			 review all education records and participate in any meeting concerning their
			 child with respect to the following:
(1) The
			 identification, evaluation, or education placement of the child; and
(2) the provision of FAPE to the child.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-26 - Notice requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In providing
			 any notice to the parent or parents of an exceptional child in accordance with
			 K.S.A.
			 72-990 and amendments thereto regarding any
			 action proposed or refused by an agency, each agency shall ensure that the
			 notice includes the following information:
(1) A description of other options that the
			 agency considered and the reasons why those options were rejected; and
(2) a description of other factors
			 that are relevant to the agency's proposal or refusal.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-27 - Parental consent

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as otherwise provided in this regulation, each agency shall obtain
			 parental consent before taking any of the following actions:
(1) Conducting an initial evaluation or any
			 reevalua-tion of an exceptional child;
(2) initially providing special education and
			 related services to an exceptional child; or
(3) making a material change in services to,
			 or a substantial change in the placement of, an exceptional child, unless the
			 change is made under the provisions of K.A.R. 91-40-33 through 91-40-38 or is
			 based upon the child's graduation from high school or exceeding the age of
			 eligibility for special education services.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-28 - Special education mediation and due process hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a
			 disagreement arises between a parent and an agency concerning the
			 identification, evaluation, or educational placement of the parent's
			 exceptional child, or the provision of FAPE to the child, the parent or the
			 agency, or both, may request mediation or initiate a due process hearing.
(b)
(1) If mediation is requested by either
			 party, the provisions of
			 K.S.A.
			 72-996 and amendments thereto shall be
			 followed, together with the requirement in paragraph (2) of this subsection.
(2) When agreement is reached to
			 mediate, the agency shall immediately contact the state board or its designee.
			 A mediator shall be appointed by the state board from its list of qualified
			 mediators, based upon a random or other impartial basis.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-29 - Qualifications of special education mediators and due process hearing officers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To initially
			 qualify as a special education mediator, a person shall meet the following
			 requirements:
(1) Have passed a written
			 examination prescribed by the state board concerning special education laws and
			 regulations; and
(2) have
			 completed a program sponsored or approved by the state board concerning
			 effective mediation techniques and procedures, and the role and
			 responsibilities of a mediator.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-30 - Expedited due process hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an expedited
			 due process hearing is requested under the provisions of K.S.A. 72-992 or
			 72-993 and amendments thereto, the
			 agency responsible for providing the hearing shall immediately notify the state
			 board of the request and the parent's name and address.
(b) Upon being notified of a request for an
			 expedited due process hearing, the state board shall appoint, from its list of
			 qualified hearing officers, a due process hearing officer and shall notify the
			 parties of the appointment.
(c)
			 Each of the parties to an expedited due process hearing shall have the rights
			 afforded to them under
			 K.S.A.
			 72-973 and amendments thereto, except that
			 either party shall have the right to prohibit the presentation of any evidence
			 at the expedited hearing that has not been disclosed by the opposite party at
			 least two business days before the hearing.
(d)
(1)
			 Each hearing officer shall conduct the expedited due process hearing within 20
			 school days of the agency's receipt of the request for the expedited due
			 process hearing and shall render a decision in the matter within 10 school days
			 after the close of the hearing.
(2) A hearing officer in an expedited due
			 process hearing shall not grant any extensions or otherwise fail to comply with
			 the requirement of paragraph (1) of this subsection.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-31 - Educational placement during proceedings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise provided in
			 K.S.A.
			 72-993 and amendments thereto and this
			 regulation, during the pendency of any special education due process or
			 judicial proceeding, the child's educational placement shall be determined in
			 accordance with
			 K.S.A.
			 72-973 and amendments thereto.
(b) If a state review officer in an
			 administrative appeal agrees with the parent's position as to the appropriate
			 educational placement for the child, the child shall be educated in that
			 placement during any further proceedings, unless the parent and agency agree to
			 another placement or the child's placement is changed in accordance with
			 K.S.A.
			 72-993 and amendments thereto.
(c) If the due process hearing involves the
			 evaluation of or initial services for a child who is transferring from the
			 infant and toddler program under the federal law because the child has reached
			 three years of age, the agency shall not be required to provide the services
			 that the child had been receiving under the infant and toddler program.
			 However, if the child is determined to be eligible for special education and
			 related services, the agency shall provide appropriate services to which the
			 parent consents.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-33 - Change in placement for disciplinary reasons; definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in
				K.A.R.
				91-40-33 through
				91-40-38, the following terms
				shall have the meanings specified in this regulation:
(a)
(1) The
			 phrase "change in placement for disciplinary reasons" means that school
			 personnel or a special education due process hearing officer has ordered any of
			 the following changes in placement of a child with a disability:
(A) The child is suspended or expelled from
			 school for more than 10 consecutive school days.
(B) The child is subjected to a series of
			 short-term suspensions constituting a pattern that meets all of the following
			 criteria:
(i) The suspensions cumulate to
			 more than 10 school days in a school year.
(ii) Each incident of misconduct resulting in
			 a suspension involved substantially the same behavior.
(iii) The length of each suspension, the
			 total amount of time the child is suspended, and the proximity of the
			 suspensions to one another indicate a pattern.
(C) The child is placed in an interim
			 alternative educational setting.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-34 - Short-term suspensions and interim placements; suspension of gifted children

Current through Register Vol. 43, No. 28, July 11, 2024
(a) As authorized
			 by K.S.A.
			 72-8902(a) and amendments
			 thereto, school personnel may impose one or more short-term suspensions upon a
			 child with a disability during a school year for violations of any school rule
			 if these short-term suspensions do not constitute a pattern amounting to a
			 change in placement for disciplinary reasons as specified in paragraph
			 (a)(1)(B) of K.A.R. 91-40-33.
(b)
			 As authorized in
			 K.S.A.
			 72-991a and amendments thereto, school
			 personnel may order a change in placement of a child with a disability to an
			 interim alternative educational setting.
(c) Gifted children shall be subject to
			 suspension or expulsion from school as authorized by
			 K.S.A.
			 72-8902 and amendments thereto. While a
			 gifted child is suspended or expelled from school, an agency shall not be
			 required to provide special education or related services to the child.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-35 - Services required during suspensions or interim alternative educational placements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An agency shall
			 not be required to provide special education or related services to a child
			 with a disability who has been suspended from school for 10 or fewer school
			 days during any school year, if the agency does not provide educational
			 services to nondisabled children who are suspended from school.
(b)
(1) A
			 child with a disability shall be entitled to continue to receive special
			 education and related services if the child is suspended from school under
			 either of the following circumstances:
(A)
			 For more than 10 cumulative school days in any school year, but with these
			 suspensions not resulting in a change of placement for disciplinary reasons; or
(B) for more than 10 consecutive
			 school days in any school year for behavior that has been determined not to be
			 a manifestation of the child's disability.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-36 - Determination of services for children with disabilities suspended from school or placed in interim alternative educational settings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a child with
			 a disability is properly suspended from school for more than 10 cumulative
			 school days in any school year, the special education and related services to
			 be provided to the child during any period of suspension shall be determined by
			 school officials of the agency responsible for the education of the child.
(b) If a child with a disability
			 is suspended from school for more than 10 consecutive school days or is
			 expelled from school for behavior that has been determined not to be a
			 manifestation of the child's disability, the child's IEP team shall determine
			 the special education and related services that will be provided to the child.
(c) If a child with a disability
			 is placed in an interim alternative educational setting as a result of the
			 child's possession of a weapon or illegal drug, the child's IEP team shall
			 determine the following:
(1) The special
			 education and related services to be provided to the child in the interim
			 alternative educational setting; and
(2) those services and modifications that
			 will be provided to address the misbehavior of the child and that are designed
			 to prevent the misbehavior from recurring.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-38 - Manifestation determination; appeal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an agency
			 proposes to make a change in educational placement for disciplinary reasons,
			 the agency shall implement the provisions of
			 K.S.A.
			 72-991a and amendments thereto.
(b) An agency may conduct the manifestation
			 determination at the same IEP team meeting that is held in regard to developing
			 or reviewing a behavioral intervention plan under
			 K.S.A.
			 72-991a and amendments thereto.
(c) If, in making a manifestation
			 determination, deficiencies are identified in the child's IEP or placement or
			 in the provision of services to the child, the IEP team shall make any changes
			 it deems appropriate, and the agency shall implement those changes.
(d) An agency shall convene meetings under
			 this regulation as expeditiously as possible and shall be required to give only
			 24 hours' prior notice of a meeting to the child's parent or parents.
(e)
(1) If a parent files a due process complaint
			 concerning the manifestation determination, a resolution meeting between the
			 parties shall be held within seven days of the filing of the complaint, unless
			 the parties agree, in writing, to waive the resolution meeting or to engage in
			 mediation.
(2) If the matter has
			 not been resolved to the satisfaction of both parties within 15 days of the
			 filing of the due process complaint, the due process hearing may proceed.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-41 - Private school placement by parents to obtain FAPE

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) If the parent of an exceptional child who
			 previously was receiving special education and related services from an agency
			 enrolls the child, without the consent of or referral by the agency, in a
			 private preschool or a private elementary or secondary school because the
			 parent believes the child was not receiving FAPE from the agency, a court or
			 special education due process hearing officer may require the agency to
			 reimburse the parent for the cost of that enrollment only if the court or due
			 process hearing officer makes both of the following findings:
(A) The agency did not make FAPE available to
			 the child in a timely manner before the private school enrollment.
(B) The private school placement made by the
			 parent is appropriate to meet the needs of the child.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-42 - Child find and count of children with disabilities enrolled in private schools; determination of children to receive services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Child find
			 activities.
(1) Each board, in accordance
			 with K.A.R. 91-40-7, shall locate, identify, and evaluate all children with
			 disabilities who are enrolled in private elementary or secondary schools
			 located in the school district, including children with disabilities who reside
			 in another state.
(2) The
			 activities undertaken to carry out this responsibility shall meet the following
			 criteria:
(A) Be similar to the activities
			 undertaken for exceptional children enrolled in the public schools;
(B) provide for the equitable participation
			 of private school children;
(C)
			 provide for an accurate count of children with disabilities enrolled in the
			 private schools; and
(D) be
			 completed in a time period comparable to the time for these activities in the
			 public schools.
(3)
			 Each board, in accordance with K.A.R. 91-40-42a, shall consult with
			 representatives of private schools and parents of private school children
			 concerning the activities described in paragraph (1) of this subsection.
(4) The cost of carrying out the
			 child find activities required under this regulation, including individual
			 evaluations of private school children, shall not be considered in determining
			 if an agency has met its obligation to provide a proportionate share of its
			 federal funds for private school children.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-42a - Consultation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each board
			 shall engage in timely and meaningful consultation with representatives of
			 private schools located in the school district and representatives of parents
			 of children with disabilities enrolled in those private schools before making
			 determinations regarding the following matters:
(1) How the consultation process among the
			 board, private school officials, and representatives of parents of private
			 school children shall be organized and carried out, including how the process
			 will operate throughout the school year to ensure that children with
			 disabilities who are identified throughout the school year can receive the
			 special education and related services that are provided to private school
			 children;
(2) how the child find
			 process will be conducted, including the following:
(A) How children enrolled in private schools
			 who are suspected of having a disability can participate equitably in the child
			 find process; and
(B) how parents,
			 teachers, and private school officials will be informed of the process;
(3)
(A) How the determination of the
			 proportionate share of federal funds that will be available to serve private
			 school children will be made, including a review of how the proportionate share
			 of those funds must be calculated under the federal law; and
(B) how special education and related
			 services will be apportioned if the proportionate share of federal funds are
			 insufficient to serve all of the private school children who are designated to
			 receive services; and
(4)
(A) How,
			 where, and by whom special education and related services will be provided to
			 private school children, including a discussion of the means by which services
			 will be delivered, including direct services and services through contracts;
			 and
(B) how and when final
			 decisions on these issues will be made by the board.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-43 - Services to private school children

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Consistent with
			 the number and location of private school children in the school district, each
			 board shall provide special education and related services to this group of
			 children in accordance with K.A.R. 91-40-43 through 91-40-48.
Each board also shall provide services to gifted children who
				reside in the district and are enrolled in a private school.
(b) The parent of an exceptional child may
			 request that the child be provided special education and related services in
			 accordance with
			 K.S.A.
			 72-5393 and amendments thereto.
(c) A board shall not be required to provide
			 any special education or related services to a private school child unless one
			 of the following conditions is met:
(1) The
			 child is a member of a group of private school children that has been
			 designated to receive special education and related services in accordance with
			 the provisions of K.A.R. 91-40-43 through 91-40-48.
(2) The parent of the child requests that
			 services be provided to the child in accordance with
			 K.S.A.
			 72-5393 and amendments thereto.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-44 - Allocation and expenditure of federal funds; reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To meet the
			 requirement of K.A.R. 91-40-43 (a), each board shall allocate, for expenditure
			 in providing special education and related services to private school children,
			 the amounts specified below.
(1) For private
			 school children aged three through 21, an amount calculated as follows:
(A) Divide the number of private school
			 children aged three through 21 who are enrolled in private schools located in
			 the school district by the total number of children with disabilities aged
			 three through 21 in the school district; and
(B) multiply the quotient determined under
			 paragraph (1) (A) times the total amount of federal funds received by the
			 school district under section 1411 (f) of the federal law; and
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-45 - Services plan or IEP

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each board
			 shall develop and implement a services plan for each private school child who
			 meets both of the following criteria:
(1) The
			 child is a member of the group of private school children that has been
			 designated to receive special education and related services under the
			 provisions of K.A.R. 91-40-43.
(2)
			 The child is not receiving special education and related services by request of
			 the child's parent under the provisions of
			 K.S.A.
			 72-5393 and amendments thereto.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-46 - Mediation and due process rights of private school children

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) The parent of a private school child may
			 request mediation or initiate a due process hearing as authorized under this
			 article, if the parent believes that a board has failed to properly identify
			 and evaluate the parent's child, in accordance with K.A.R. 91-40-42 (a).
(2) Each due process complaint by
			 the parent of a private school child shall be filed with the board of education
			 of the school district in which the private school is located. The parent of
			 the child shall provide a copy of the complaint to the state board of
			 education.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-47 - Transportation for exceptional children enrolled in private schools

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise provided in this regulation, each board, to the extent necessary for
			 an exceptional child to benefit from, or to participate in, special education
			 and related services provided to the child by the board, shall furnish or
			 provide for the following transportation services for the child:
(1) Transportation from the child's private
			 school or home to the site at which the child is provided special education and
			 related services; and
(2)
			 transportation from the site at which special education and related services
			 are provided to the child to the child's private school or the child's home, as
			 appropriate.
Kansas Administrative Regulations › Agency 91 - KANSAS STATE DEPARTMENT OF EDUCATION › Article 40 - SPECIAL EDUCATION › Section 91-40-48 - Use of funds and equipment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Subject to
			 subsection (d), an agency may use state and federal funds to make personnel
			 available at locations other than at its facilities to the extent necessary to
			 provide special education and related services to exceptional children enrolled
			 in private schools, if those services are not normally provided by the private
			 schools.
(b) Subject to subsection
			 (d), an agency may use state and federal funds to pay for the services of an
			 employee of a private school to provide special education and related services
			 if both of the following conditions are met:
(1) The employee performs the services
			 outside of the employee's regular hours of duty.
(2) The employee performs the services under
			 public supervision and control.