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 1:370 - Children with disabilities enrolled in private schools

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 standards for
				school districts to make appropriate educational services available to children
				with disabilities who have been enrolled in private schools by their
				parents.
Section 1. Children with
			 Disabilities Enrolled in Private Schools by Their Parents when FAPE is at
			 Issue.
(1) An LEA shall make FAPE available to
			 each child with a disability. If a parent decides to place his child with a
			 disability in a private school after the offer of FAPE, the LEA shall not be
			 required to pay for the cost of the private education. Disagreements between a
			 parent and the LEA regarding the availability of a program appropriate for the
			 student and financial responsibility shall be subject to the due process
			 procedures in  707 KAR 1:340.
(2) If
			 a parent of a child with a disability, who previously received special
			 education and related services under the authority of the LEA, enrolls the
			 child in a private school without the consent of or referral by the LEA, a
			 hearing officer or a court may award financial reimbursement to the parent if
			 it is determined that the LEA did not offer FAPE to the child in a timely
			 manner and the private placement is appropriate. This may be awarded even if
			 the parents did not receive consent from the LEA for the private placement and
			 the LEA did not make a referral to the private school. A hearing officer or a
			 court may determine a private school placement to be appropriate even though it
			 does not meet state standards that apply to an LEA.
(3) The amount of the financial reimbursement
			 described in subsection (2) of this section may be reduced or denied if:
(a) At the most recent ARC meeting prior to
			 the removal by the parents of their child with a disability to the private
			 school, the parents did not inform the LEA that they were rejecting the
			 proposed LEA placement, including stating their concerns and their intent to
			 enroll the child in a private school at public expense;
(b) The parents did not give written notice
			 to the LEA of the information described in paragraph (a) of this subsection at
			 least ten (10) business days (including any holidays that occur on a business
			 day) prior to the removal of the child;
(c) Prior to the parent's removal of the
			 child, the LEA informed the parents of its intent to evaluate the child
			 (including a statement of the purpose of the evaluation that was appropriate
			 and reasonable), but the parents did not make the child available for the
			 evaluation; or
(d) There is a
			 judicial finding that the actions taken by the parents were
			 unreasonable.
(4) The
			 amount of financial reimbursement shall not be reduced or denied for the
			 failure to provide the notice described in subsection (3) of this section if:
(a) The parent is illiterate;
(b) Compliance with the notice requirement
			 would likely result in physical or serious emotional harm to the
			 child;
(c) The school prevented the
			 parent from providing the notice; or
(d) The parent had not received notice from
			 the LEA of his obligation to provide this notice.