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 1:320 - Individual education program

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 development, implementation, and revision of individual education programs
				for each child with a disability.
Section
			 1. Individual Education Programs.
(1) An LEA shall ensure an IEP is developed
			 and implemented for each child with a disability served by that LEA, and for
			 each child with a disability placed in or referred to a private school or
			 facility by the LEA.
(2) Kentucky
			 School for the Deaf and Kentucky School for the Blind, in conjunction with the
			 child's resident LEA, shall ensure that an IEP is developed and implemented for
			 each child with a disability placed in its school by an ARC.
(3) At the beginning of the school year, an
			 LEA shall have an IEP in effect for each child with a disability within its
			 jurisdiction.
(4) An LEA shall
			 ensure the IEP:
(a) Is in effect before
			 specially designed instruction and related services are provided to a child
			 with a disability; and
(b) Is
			 implemented as soon as possible following an ARC meeting.
(5) An LEA (or state agency responsible for
			 developing the child's IEP) shall ensure that there is no delay in implementing
			 a child's IEP, including any case in which the payment source for providing or
			 paying the special education and related services to the child is being
			 determined.
(6) An LEA shall ensure
			 that:
(a) The child's IEP is accessible to
			 each regular education teacher, special education teacher, related services
			 provider, and other service providers who are responsible for its
			 implementation;
(b) Prior to the
			 implementation of the IEP, each implementer is informed of his specific
			 responsibilities related to implementing the child's IEP; and
(c) The specific accommodations,
			 modifications, and supports are provided for the child in accordance with the
			 IEP.
(7) An IEP shall be
			 in place for all eligible children aged three (3) through five (5).