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 1:310 - Determination of eligibility

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
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 determination of eligibility for special education of children who have
				disabilities.
Section 1. Determination
			 of Eligibility.
(1) Upon analysis of
			 intervention and assessment data, the ARC shall determine whether the child is
			 a child with a disability as defined in Section 1(9) of  707 KAR 1:280 to the
			 extent that specially designed instruction is required in order for the child
			 to benefit from education. An LEA shall provide a copy of the evaluation report
			 and the documentation of determination of eligibility to the parent.
(2) A child shall not be determined to be
			 eligible if the determinant factor for that eligibility determination is:
(a) A lack of appropriate instruction in
			 reading, including the essential components of reading instruction as
			 established in the Elementary and Secondary Education Act,  20 U.S.C. 6301;
(b) A lack of appropriate
			 instruction in math; or
(c) Limited
			 English proficiency and the child does not otherwise meet eligibility
			 criteria.
(3) In making
			 eligibility determinations, an LEA shall draw upon information from a variety
			 of sources, which may include:
(a) Response to
			 scientific, research-based interventions;
(b) Vision, hearing, and communication
			 screenings;
(c) Parental
			 input;
(d) Aptitude and achievement
			 tests;
(e) Teacher
			 recommendations;
(f) Physical
			 condition;
(g) Social or cultural
			 background;
(h) Adaptive behavior;
			 or
(i) Behavioral
			 observations.
(4) An LEA
			 shall ensure that information obtained from these sources as appropriate for
			 each student, is documented and carefully considered.
(5) In making a determination under the
			 category of mental disability, the ARC may apply a standard error of measure,
			 if appropriate.
(6) If a
			 determination is made that a child has a disability and needs special education
			 and related services, an IEP shall be developed for the child.