IDEA Disability Categories in Kentucky

What disability categories qualify for an IEP in Kentucky?

Kentucky recognizes thirteen disability categories, identical in structure to federal IDEA categories but with Kentucky-specific definitions and eligibility thresholds codified in 707 KAR 1:002 (recodified from 707 KAR 1:280). Notably, Kentucky uses unique terminology for several categories: 'emotional-behavioral disability' (EBD) instead of 'emotional disturbance'; 'mental disability' with two subcategories — mild mental disability (MMD) and functional mental disability (FMD) — instead of 'intellectual disability'; and 'hearing impairment' as an inclusive term. Kentucky's definitions for mental disability specify quantified cognitive and adaptive behavior thresholds: MMD requires cognitive functioning 2-3 standard deviations below the mean with adaptive behavior 2 SDs below the mean; FMD requires 3+ SDs below mean for both cognitive and adaptive behavior (707 KAR 1:002, Section 37). Visual impairment eligibility includes functional criteria: 20/70 or worse with correction, progressive vision loss, 20-degree visual fields, cortical blindness, or functional vision loss (707 KAR 1:002, Section 65). Developmental delay applies to children ages 3-8 and requires documented discrepancies: 2 SDs below mean in one area, or 1.5 SDs below mean in two areas, or ARC professional judgment (707 KAR 1:002, Section 22). The autism definition explicitly excludes cases where EBD is the primary cause of educational impact (707 KAR 1:002, Section 5). A child must be evaluated under 707 KAR 1:300 and the disability must have an adverse effect on educational performance requiring specially designed instruction.

What Kentucky Requires

Thirteen disability categories: autism, deaf-blindness, developmental delay, emotional-behavioral disability (EBD), hearing impairment, mental disability (MMD/FMD), multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment (707 KAR 1:002, Section 9).

Kentucky uses 'emotional-behavioral disability' (EBD) rather than 'emotional disturbance' — a Kentucky-specific term (707 KAR 1:002, Section 24).

Kentucky uses 'mental disability' with two subcategories: mild mental disability (MMD, cognitive 2-3 SDs below mean) and functional mental disability (FMD, cognitive 3+ SDs below mean), both with corresponding adaptive behavior requirements (707 KAR 1:002, Section 37).

Developmental delay applies ages 3-8 with documented discrepancies of 2 SDs below mean in one area, or 1.5 SDs in two areas, or ARC professional judgment (707 KAR 1:002, Section 22).

Visual impairment eligibility includes specific functional criteria: 20/70 or worse with correction, progressive loss, 20-degree visual fields, cortical blindness, or functional vision loss (707 KAR 1:002, Section 65).

The autism definition excludes cases where EBD is the primary cause of adverse educational impact (707 KAR 1:002, Section 5).

A disability must have an adverse effect on educational performance and must require specially designed instruction to qualify as a 'child with a disability' (707 KAR 1:002, Section 9; 707 KAR 1:310, Section 1).

Key Timelines

Eligibility determination must be made by the ARC following completion of the full individual evaluation (707 KAR 1:300; 707 KAR 1:310).

Initial evaluation must be completed within 60 school days of parental consent (707 KAR 1:320, Section 2).

Reevaluation to confirm continued eligibility must occur at least every three years (707 KAR 1:300, Section 4(18)).

Sources

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