Required IEP Sections in Kentucky

What sections are required in an IEP in Kentucky?

Kentucky IEPs must contain all components required by federal law (34 CFR 300.320) as implemented through 707 KAR 1:320. The team responsible is called the Admissions and Release Committee (ARC) rather than 'IEP Team' — this is Kentucky's unique terminology defined in 707 KAR 1:002, Section 1. Required sections include: present levels of academic achievement and functional performance; measurable annual goals (with benchmarks or short-term objectives at LEA discretion); specially designed instruction and related services based on peer-reviewed research; supplementary aids and services and program modifications; explanation of non-participation with nondisabled peers; state assessment accommodations per 703 KAR 5:070 or alternate portfolio rationale; projected service start dates, frequency, location, and duration; how progress toward annual goals will be measured and reported; transition service needs beginning at 8th grade/age 14; and rights-transfer notification at least one year before age of majority (707 KAR 1:320, Section 5). The IEP must also align with the student's Individual Learning Plan under 704 KAR 3:305 for transition-age students. All service providers must be informed of their specific responsibilities before IEP implementation. Under KRS 157.200, the Kentucky Board of Education is directed to promulgate regulations for the education of exceptional children, providing the statutory foundation for all IEP requirements. The ARC membership must include the parent, at least one regular education teacher, at least one special education teacher, an LEA representative qualified to provide or supervise specially designed instruction and knowledgeable about general curriculum and available resources, and an individual who can interpret evaluation results (707 KAR 1:320, Section 3(1)-(5)).

What Kentucky Requires

The IEP must include present levels of academic achievement and functional performance describing how the disability affects involvement in the general curriculum (707 KAR 1:320, Section 5(7); 34 CFR 300.320(a)(1)).

Measurable annual goals must address disability-related needs and enable progress in the general curriculum; benchmarks or short-term objectives are included at LEA discretion (707 KAR 1:320, Section 5(7)).

The IEP must specify specially designed instruction and related services based on peer-reviewed research to the extent practicable, along with supplementary aids and program modifications (707 KAR 1:320, Section 5(8)).

State assessment accommodations must be specified per 703 KAR 5:070; if an alternate portfolio is selected, the ARC must document rationale (707 KAR 1:320, Section 5(10)-(11)).

The IEP must include projected service start date, frequency, location, and duration for each service (707 KAR 1:320, Section 5(12)).

At least one year before the age of majority, the IEP must document that the student has been informed of rights that will transfer upon reaching the age of majority (707 KAR 1:320, Section 5(14)).

For transition-age students, the IEP must be aligned with the student's Individual Learning Plan required by 704 KAR 3:305 (707 KAR 1:320, Section 7).

All service providers must be informed of their specific responsibilities prior to IEP implementation — a Kentucky requirement (707 KAR 1:320, Section 5).

The ARC must include the parent, a regular education teacher, a special education teacher, an LEA representative, and a person who can interpret evaluation results (707 KAR 1:320, Section 3(1)-(5); 34 CFR 300.321(a)).

The ARC must consider five special factors: behavior strategies when behavior impedes learning, language needs for LEP students, Braille instruction for blind students, communication needs, and assistive technology (707 KAR 1:320, Section 5(2)(a)-(e)).

Key Timelines

The ARC meeting to develop the IEP must be conducted within 30 days of the determination of eligibility (707 KAR 1:320, Section 2).

The IEP must be in effect at the beginning of each school year and reviewed at least annually (707 KAR 1:320, Section 2; 34 CFR 300.323(a)).

Minor nonprogrammatic changes to the IEP may be made without convening a meeting; the LEA must notify parents within 10 school days (707 KAR 1:320, Section 2).

ARC meeting notice must be provided at least 7 calendar days in advance, except for disciplinary or safety meetings which require 24 hours notice (707 KAR 1:340, Section 3).

Sources

Related IEP Guides

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