IEP Eligibility in Kentucky: Who Qualifies?
What qualifies a child for an IEP in Kentucky?
Kentucky eligibility determination is governed by 707 KAR 1:310. The ARC must determine whether a child qualifies as a child with a disability as defined in 707 KAR 1:002, Section 9, requiring that specially designed instruction be necessary to benefit from education. Eligibility cannot be based on lack of appropriate reading or math instruction or limited English proficiency alone (707 KAR 1:310, Section 1(2)). For specific learning disability (SLD), Kentucky permits three alternative identification methods under 707 KAR 1:310, Section 2(3): (A) achievement discrepancy based on documented failure to achieve adequately despite appropriate instruction in one or more of eight SLD areas; (B) response to intervention (RTI) — failure to achieve sufficient progress toward grade-level standards when assessed based on response to scientific, research-based intervention; or (C) pattern of strengths and weaknesses using appropriate assessments. Each school district must have written policies specifying which method(s) it uses (707 KAR 1:310, Section 2). For SLD, observation by at least one non-classroom team member must document academic performance and behavioral difficulties (707 KAR 1:310, Section 2(5)). SLD cannot be identified if deficits result primarily from visual/hearing/motor impairment, mental disability, EBD, cultural factors, environmental/economic disadvantage, or limited English proficiency (707 KAR 1:310, Section 2(4)). The SLD evaluation team must include individuals with expertise in diagnostic assessment, data interpretation, and monitored instruction delivery (707 KAR 1:310, Section 2(1)-(2)).
What Kentucky Requires
A child is eligible if evaluated under 707 KAR 1:300 as meeting the criteria for one of the 13 disability categories with adverse effect on educational performance and a need for specially designed instruction (707 KAR 1:002, Section 9; 707 KAR 1:310, Section 1).
Eligibility cannot be determined based solely on lack of appropriate reading or math instruction or limited English proficiency (707 KAR 1:310, Section 1(2)).
For SLD, Kentucky permits three identification methods: achievement discrepancy, RTI (response to scientific, research-based intervention), or pattern of strengths and weaknesses (707 KAR 1:310, Section 2(3)).
SLD evaluation must include observation by at least one non-classroom ARC member documenting academic performance and behavioral difficulties (707 KAR 1:310, Section 2(5)).
The SLD evaluation team must include school psychologists, speech-language pathologists, or educational specialists qualified to conduct diagnostic assessments and deliver monitored instruction (707 KAR 1:310, Section 2(1)-(2)).
The ARC must draw on multiple information sources including RTI data, screening results, parent input, achievement tests, teacher recommendations, physical condition, social/cultural background, adaptive behavior, and behavioral observations (707 KAR 1:310, Section 1(3)).
Key Timelines
The ARC must make an eligibility determination following completion of the full individual evaluation within the 60 school day timeline (707 KAR 1:300; 707 KAR 1:320, Section 2).
Reevaluation to confirm continued eligibility must occur at least every three years unless parent and LEA agree it is unnecessary (707 KAR 1:300, Section 4(18)).
An evaluation is required before determining a child is no longer eligible (except graduation with regular diploma or exceeding age eligibility) (707 KAR 1:300, Section 4(20)).