IEP Evaluation Process in Kentucky
How long does Kentucky have to complete an IEP evaluation?
Kentucky's evaluation procedures are governed by 707 KAR 1:300. The initial evaluation timeline is 60 school days from receipt of parental consent — meaning weekends, holidays, and school breaks do not count toward the timeline, which can make Kentucky's effective timeline substantially longer than 60 calendar days. A full and individual evaluation must be conducted before providing specially designed instruction or related services, and results must be used by the ARC in developing the IEP (707 KAR 1:300, Section 4). Evaluation materials must not be discriminatory on a racial or cultural basis and must be administered in the child's native language (707 KAR 1:300, Section 4(2)). The evaluation must use a variety of assessment tools and strategies covering all areas of the suspected disability — health, vision, hearing, social-emotional status, intelligence, academic performance, communication, and motor abilities — and no single procedure may be the sole criterion (707 KAR 1:300, Section 4(9)-(10)). Pre-referral interventions with data-based documentation of repeated assessments communicated to parents must precede referral (707 KAR 1:300, Section 3). Reevaluation must occur at least every three years; it may not occur more than once per year unless parent and LEA agree (707 KAR 1:300, Section 4(18)-(19)). When a student exits through graduation or aging out, the LEA must provide an exit summary of academic achievement and functional performance with recommendations to support postsecondary goals (707 KAR 1:300, Section 4(21)). Parents have the right to an independent educational evaluation (IEE) at public expense if they disagree with the LEA's evaluation (707 KAR 1:340, Section 2).
What Kentucky Requires
Initial evaluation must be completed within 60 school days of receiving parental consent — school days, not calendar days; breaks and holidays are excluded (707 KAR 1:320, Section 2; confirmed by KY-SPIN guidance).
A full individual evaluation covering all areas of suspected disability must be conducted before any specially designed instruction is provided (707 KAR 1:300, Section 4).
Assessment tools must be non-discriminatory, administered in the child's native language, validated for their purpose, and administered by trained personnel (707 KAR 1:300, Section 4(2)-(3)).
The evaluation must be comprehensive, covering health, vision, hearing, social-emotional, intelligence, academics, communication, and motor abilities; no single procedure may be the sole criterion (707 KAR 1:300, Section 4(9)-(10)).
Pre-referral interventions with documented, repeated assessments shared with parents must precede referral when adequate progress has not been made (707 KAR 1:300, Section 3).
Reevaluation must occur at least every three years; cannot occur more than once per year unless agreed by parent and LEA (707 KAR 1:300, Section 4(18)-(19)).
Upon graduation or aging out, the LEA must provide an exit summary of academic achievement, functional performance, and postsecondary recommendations (707 KAR 1:300, Section 4(21)).
Parents have the right to one publicly funded IEE per LEA evaluation they disagree with (707 KAR 1:340, Section 2).
Key Timelines
Initial evaluation must be completed within 60 school days of parental consent (707 KAR 1:320, Section 2; 707 KAR 1:300).
The ARC must convene for eligibility determination after evaluation, and if eligible, the IEP meeting must occur within 30 days of eligibility determination (707 KAR 1:320, Section 2).
Reevaluation must occur at least every three years; consent required unless LEA made reasonable efforts and parent did not respond (707 KAR 1:300, Section 4(18); 707 KAR 1:340, Section 6(6)).
Surrogate parents must be appointed within 30 days of determination that a child needs one (707 KAR 1:340, Section 7(9)).