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. Kentucky law under KRS 157.224 further requires that children with disabilities be educated in the least restrictive environment to the maximum extent appropriate. The ARC must ensure that modifications do not inappropriately narrow the scope of the Kentucky Academic Standards (704 KAR 3:303) accessible to the student and must document the rationale for any modifications that significantly alter grade-level expectations.
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; KRS 157.224).
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(3)).
The IEP must specify supports for school personnel — such as training, collaborative planning time, or paraprofessional support — needed to implement modifications effectively (707 KAR 1:320, Section 5(8)).
Modifications that alter grade-level expectations must be documented with rationale, and the ARC must consider the impact on the student's ability to meet diploma requirements (707 KAR 1:320, Section 5; 704 KAR 3:305).
Supplementary aids and services must be considered before more restrictive modifications or placements are implemented (707 KAR 1:350, Section 1; 34 CFR 300.114(a)(2)).
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).
If caseloads in modified settings exceed maximum class sizes for 30 consecutive days, the LEA must request a waiver from KDE (707 KAR 1:350, Section 2(5)).