IEP Discipline Procedures in Kentucky
Can a school suspend or expel a student with an IEP in Kentucky?
Kentucky's discipline procedures for students with disabilities are governed by 707 KAR 1:340. An LEA may remove a student with a disability from their current placement for up to 10 consecutive school days without additional procedural protections (707 KAR 1:340, Section 14). Additional removals for separate incidents are permitted as long as they do not constitute a disciplinary change in placement. When a disciplinary change in placement occurs, the ARC must convene a manifestation determination within 10 school days to determine whether the conduct was caused by or directly related to the disability, or was the result of the LEA's failure to implement the IEP (707 KAR 1:340, Section 14(1)). If the behavior is a manifestation of the disability, the ARC must conduct or review an FBA, implement or revise the BIP, and return the student to the prior placement unless the parent and LEA agree otherwise (707 KAR 1:340, Section 15). Educational services must continue for students removed for disciplinary reasons after 10 school days to allow progress in the general curriculum and IEP goals (707 KAR 1:340, Section 13(5)). Kentucky permits unilateral 45-day removal to an interim alternative educational setting for weapons, drugs, or serious bodily injury. A party may appeal a placement decision through an expedited due process hearing, which must be held within 20 school days and result in a determination within 10 school days (707 KAR 1:340, Section 16(5)).
What Kentucky Requires
An LEA may remove a student with a disability for up to 10 consecutive school days without triggering special procedural protections (707 KAR 1:340, Section 14).
A manifestation determination meeting must occur within 10 school days of any decision to change placement for disciplinary reasons (707 KAR 1:340, Section 14(1)).
If the behavior is a manifestation of the disability, the ARC must conduct/review an FBA, implement/revise the BIP, and return the student to the prior placement unless parent and LEA agree otherwise (707 KAR 1:340, Section 15).
After 10 school days of removal, the LEA must provide educational services — including FBA/behavioral supports as appropriate — to allow the student to progress in the general curriculum and toward IEP goals (707 KAR 1:340, Section 13(5)-(6)).
Weapons, drugs, or serious bodily injury violations permit unilateral 45-day removal to an interim alternative educational setting regardless of manifestation determination (707 KAR 1:340; 34 CFR 300.530(g)).
The LEA has 'basis of knowledge' for potential disability when a parent has expressed concern in writing or orally, requested evaluation, or when personnel have expressed concern to the special education director — triggering protections before formal identification (707 KAR 1:340, Section 17).
Key Timelines
Manifestation determination must occur within 10 school days of any disciplinary change in placement (707 KAR 1:340, Section 14(1)).
Expedited due process hearings must be held within 20 school days of the request, with a determination issued within 10 school days after the hearing (707 KAR 1:340, Section 16(5)).
After 10 school days of cumulative removal, educational services must be provided (707 KAR 1:340, Section 13(5)).