IEP Service Delivery in Kentucky
How are IEP services delivered in Kentucky?
Kentucky has detailed regulations governing service delivery settings, caseload limits, and placement decisions under 707 KAR 1:350. The full continuum of placement options must include regular class instruction, special classes, special schools, home instruction, and hospital/institutional instruction, as well as supplementary services such as resource rooms and itinerant instruction. Specific maximum class sizes and resource teacher caseloads are established by disability category in 707 KAR 1:350, Sections 2 and 3. For example, special class maximums include: emotional-behavioral disability (8), functional mental disability (10), hearing impairment (6), mild mental disability (15), multiple disabilities (10), specific learning disability-primary (10)/secondary (15). Resource class maximums include: emotional-behavioral disability (8), mild mental disability (10), specific learning disability (10). If caseloads exceed maximums for 30 consecutive days, the LEA must request a waiver from the Kentucky Department of Education (707 KAR 1:350, Section 2(5)). Extended school year (ESY) services must be provided when the ARC determines the student requires them to receive FAPE; ESY cannot be limited to specific disability categories or administratively restricted in type, amount, or duration (707 KAR 1:290, Section 8). Children are educated in their home school unless the IEP requires otherwise (707 KAR 1:350, Section 1). Under KRS 157.224, Kentucky mandates that children with disabilities be educated with nondisabled children to the maximum extent appropriate, establishing a strong statutory LRE preference.
What Kentucky Requires
The full continuum of placement options must be maintained, including regular classes, resource rooms, special classes, special schools, home instruction, and hospital settings (707 KAR 1:350, Section 1; 34 CFR 300.115).
Maximum class sizes are established by disability category: EBD (8), FMD (10), hearing impairment (6), MMD (15), multiple disabilities (10), OI (16), OHI (16), SLD-primary (10)/secondary (15), visual impairment (10) (707 KAR 1:350, Section 2(1)).
Resource class caseload maximums: EBD (8), FMD (8), hearing impairment (8), MMD (10), multiple disabilities (8), SLD (10), visual impairment (8) (707 KAR 1:350, Section 2(2)).
If caseloads exceed maximum for 30 consecutive days, the LEA must request a waiver from the Kentucky Department of Education (707 KAR 1:350, Section 2(5)).
ESY services must be provided when necessary for FAPE on an individual basis; the ARC cannot limit ESY to specific disability categories or restrict service type or duration (707 KAR 1:290, Section 8).
Students are educated in their home school unless the IEP requires otherwise; placement must be as close as possible to the child's home (707 KAR 1:350, Section 1; KRS 157.224).
Placement decisions are made by the ARC, must be based on the child's IEP, and must be reviewed at least annually (707 KAR 1:350, Section 1).
The ARC must consider the harmful effects of removal from the general education environment and the quality of services available in the proposed setting (707 KAR 1:350, Section 1(3)).
Key Timelines
Services must begin on the projected start date in the IEP (707 KAR 1:320, Section 5(12)).
Placement must be reviewed at least annually (707 KAR 1:350, Section 1; 34 CFR 300.116).
ESY eligibility must be considered by the ARC before the end of each regular school year (707 KAR 1:290, Section 8).
Caseload waivers must be requested if maximums are exceeded for 30 consecutive days (707 KAR 1:350, Section 2(5)).
Sources
Related IEP Guides
IEP Services Explained: What Your Child Should Be Getting
Understand IEP related services — speech, OT, PT, counseling, and more. Learn direct vs. consultative models and what to do if services aren't delivered.
The IEP Says 30 Minutes of Speech. My Child Gets 15.
What to do when your child's IEP services aren't delivered as written — how to discover the gap, document it, and hold the school accountable.
Compensatory Services: What Your Child Is Owed When the School Falls Short
What compensatory services are, when your child is entitled to them, how to request them, and what to do when IEP services are missed.