IEP Modifications in Kentucky: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a Kentucky IEP?
In Kentucky, modifications are changes to curriculum content, performance expectations, or instructional delivery that fundamentally alter what a student is expected to learn or demonstrate. Under 707 KAR 1:320, Section 5(8), the IEP must document program modifications and supports for school personnel. The ARC must explain the extent to which the student will not participate with nondisabled peers in the regular classroom and nonacademic activities (707 KAR 1:320, Section 5(8)). Students with the most significant cognitive disabilities who require extensive curricular modifications may take Kentucky's alternate portfolio assessment; the ARC must document why the student cannot participate in the standard assessment (707 KAR 1:320, Section 5(11)). Under 707 KAR 1:350, the ARC is responsible for placement decisions, which must be based on the IEP and LRE principles — students cannot be removed from general education solely because of curriculum modifications. Placement decisions must consider the harmful effects on the child and the quality of services available (707 KAR 1:350, Section 1). Caseload limits by disability category are established in 707 KAR 1:350, Section 2.
What Kentucky Requires
The IEP must document all program modifications and supports for school personnel (707 KAR 1:320, Section 5(8); 34 CFR 300.320(a)(4)).
The ARC must explain the extent to which the student will not participate with nondisabled peers in regular class and nonacademic activities (707 KAR 1:320, Section 5(8); 34 CFR 300.320(a)(5)).
Students with the most significant cognitive disabilities may take the alternate portfolio; the ARC must justify why standard assessment participation is not possible (707 KAR 1:320, Section 5(11)).
Students cannot be removed from general education settings solely because of curriculum modifications; LRE principles must be considered (707 KAR 1:350, Section 1).
The ARC must consider harmful effects on the child and quality of services when making placement decisions involving modifications (707 KAR 1:350, Section 1).
Key Timelines
Modifications must be reviewed at least annually as part of the IEP review by the ARC (707 KAR 1:320; 34 CFR 300.324(b)).
Placement decisions based on modifications must be reviewed at least annually and located as close as possible to the child's home (707 KAR 1:350, Section 1).