Due Process Hearings in Kentucky
How does due process work for IEP disputes in Kentucky?
Kentucky's due process system is governed by 707 KAR 1:340 and uses the federal two-tier structure with a Kentucky-specific appellate body. A parent or LEA may request a due process hearing on any matter related to identification, evaluation, placement, or provision of FAPE (707 KAR 1:340, Section 12). A request must include the child's name and address, school name, description of the problem and facts, and proposed resolution. The hearing request must be filed within three (3) years of when the party knew or should have known about the issue (KDE Dispute Resolution Guidance; 707 KAR 1:340). Before a hearing occurs, the LEA must convene a resolution meeting within 15 days of receiving the hearing request (707 KAR 1:340, Section 11). If not resolved within 30 days, the 45-day due process hearing timeline begins. Hearing officers are impartial and assigned by the Kentucky Department of Education under KRS Chapter 13B procedures. A party aggrieved by a hearing officer's decision may appeal to the Exceptional Children Appeals Board (ECAB), a Kentucky-specific second tier, by certified mail within 30 calendar days of the hearing decision (707 KAR 1:340, Section 13). ECAB decisions are final unless appealed to state circuit court or federal district court. Kentucky is a one-party consent state for recording conversations (KRS § 526.010), meaning parents may record ARC meetings without disclosing the recording to other participants.
What Kentucky Requires
A parent or LEA may request a due process hearing on matters related to identification, evaluation, educational placement, or FAPE provision (707 KAR 1:340, Section 12; 34 CFR 300.507).
The hearing request must include the child's name, address, school, description of the problem, facts, and proposed resolution (707 KAR 1:340, Section 12(1)).
The LEA must convene a resolution meeting within 15 days of receiving the hearing request; if unresolved within 30 days, the 45-day hearing timeline begins (707 KAR 1:340, Section 11).
Hearing officers are impartial, assigned by the KDE, and proceedings follow KRS Chapter 13B administrative hearing procedures (707 KAR 1:340, Section 12).
A party aggrieved by the hearing officer's decision may appeal to the Exceptional Children Appeals Board (ECAB) by certified mail within 30 calendar days of the decision (707 KAR 1:340, Section 13).
ECAB decisions are final unless appealed to state circuit court or federal district court (707 KAR 1:340, Section 13).
Kentucky is a one-party consent state: parents may record ARC/IEP meetings without notifying other participants (KRS § 526.010).
Key Timelines
Resolution meeting must be held within 15 days of the LEA receiving the due process hearing request (707 KAR 1:340, Section 11).
Resolution period is 30 days; if unresolved, the 45-day due process hearing timeline begins (707 KAR 1:340, Section 11(6)).
Appeal to the ECAB must be filed within 30 calendar days of the hearing officer's decision by certified mail (707 KAR 1:340, Section 13(1)).
Expedited hearings (disciplinary) must occur within 20 school days of the request, with a determination within 10 school days after the hearing (707 KAR 1:340, Section 16(5)).