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 1:290 - Free appropriate public education

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. 300.1-300.818, 20 U.S.C., 1400-1419, 6398
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
				providing a free, appropriate, public education for children identified as
				eligible for special education services.
Section
			 1. Free Appropriate Public Education.
(1) AN LEA shall make a free appropriate
			 public education (FAPE) available to all children with disabilities aged three
			 (3) to twenty-one (21) residing within its district's boundaries who have not
			 received a high school diploma, including children with disabilities who have
			 been suspended or expelled for more than ten (10) school days in a school year.
			 FAPE shall be provided to each child with a disability even though the child
			 has not failed or been retained in a course and is advancing from grade to
			 grade based on the child's unique needs and not on the child's disability. An
			 LEA shall not be required to provide FAPE to a student eighteen (18) years old
			 or older, who is placed in an adult correctional facility if, in the
			 educational placement prior to placement in the correctional facility, the
			 student was not identified as a child with a disability and did not have an
			 IEP.
(2) AN LEA shall be
			 responsible for ensuring the rights and protections under 707 KAR Chapter 1 are
			 given to children with disabilities referred to or placed in private schools
			 and facilities by that LEA.
(3)
			 State agencies charged with the responsibility of providing educational
			 services to children with disabilities within their care shall provide those
			 services in accordance with 707 KAR Chapter 1.
(4) If payment for services under 707 KAR
			 Chapter 1 is to be provided by an agency other than the LEA, the LEA shall
			 ensure the services are provided without delay even if there is a delay in the
			 payment for those services.