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).
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).
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).
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).
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 300.115).
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)).