Kentucky Special Education Requirements
What special education requirements does Kentucky have beyond federal law?
Kentucky special education is governed primarily by KRS Chapter 157 (Education Finance and Administration, §§ 157.200–157.290) and KRS Chapter 158, implemented through 707 KAR Title 707, Chapter 1 regulations. The Kentucky Department of Education's Office of Special Education and Early Learning (OSEEL) is responsible for oversight and compliance monitoring. Key Kentucky-specific requirements beyond federal IDEA include: (1) use of 'ARC' (Admissions and Release Committee) instead of 'IEP Team' (707 KAR 1:002, Section 1); (2) specific class size and caseload limits by disability category in 707 KAR 1:350; (3) transition planning beginning at 8th grade or age 14 — whichever is first — aligned with the Individual Learning Plan (704 KAR 3:305); (4) 60 school day evaluation timeline (not calendar days) (707 KAR 1:320, Section 2); (5) the Exceptional Children Appeals Board (ECAB) as a Kentucky-specific appellate body for due process decisions (707 KAR 1:340, Section 13); (6) Kentucky-specific disability terminology including 'emotional-behavioral disability' (EBD) and 'mental disability' (MMD/FMD) (707 KAR 1:002); (7) quantified cognitive/adaptive behavior thresholds for mental disability (707 KAR 1:002, Section 37); (8) one-party recording consent (KRS 526.010) enabling parents to record ARC meetings; and (9) the School-Based Mental Health Services Program (KRS 158.4416) providing dedicated mental health funding. Kentucky also requires alignment of student IEPs with the Kentucky Academic Standards (704 KAR 3:303) and state assessment participation under 703 KAR 5:070. The LEA must make FAPE available to all children with disabilities ages 3–21 who have not received a high school diploma (707 KAR 1:290, Section 1). Under KRS 157.230, the Kentucky Board of Education must ensure that programs for exceptional children meet the individual needs of each child.
What Kentucky Requires
Kentucky uses 'ARC' (Admissions and Release Committee) rather than 'IEP Team' as the official term for the group responsible for IEP development, review, and revision (707 KAR 1:002, Section 1; 707 KAR 1:320, Section 3).
Specific maximum class sizes and resource teacher caseloads by disability category are codified in 707 KAR 1:350; waivers are required if exceeded for 30 consecutive days (707 KAR 1:350, Section 2(5)).
Transition planning must begin in 8th grade or age 14 — whichever comes first — and must align with the Individual Learning Plan required by 704 KAR 3:305 (707 KAR 1:320, Section 7(1)).
The initial evaluation timeline is 60 school days from parental consent — school days, not calendar days (707 KAR 1:320, Section 2).
The Exceptional Children Appeals Board (ECAB) is Kentucky's state-level appellate body for due process hearing decisions; ECAB decisions are final absent court appeal (707 KAR 1:340, Section 13).
Kentucky uses unique disability terminology: 'emotional-behavioral disability' (EBD) instead of 'emotional disturbance'; 'mental disability' with MMD/FMD subcategories instead of 'intellectual disability' (707 KAR 1:002).
Kentucky is a one-party consent state: parents may record ARC meetings without notifying other attendees (KRS 526.010).
FAPE must be provided to all children with disabilities ages 3–21 who have not received a high school diploma (707 KAR 1:290, Section 1; KRS 157.230).
The School-Based Mental Health Services Program (KRS 158.4416) provides dedicated state funding for licensed mental health professionals in public schools.
Key Timelines
FAPE age range: 3 to 21 years, conditioned on not having received a high school diploma (707 KAR 1:290, Section 1).
Evaluation timeline: 60 school days from parental consent (707 KAR 1:320, Section 2).
IEP development: within 30 days of eligibility determination (707 KAR 1:320, Section 2).
ARC meeting notice: at least 7 calendar days (24 hours for disciplinary/safety meetings) (707 KAR 1:340, Section 3).
Sources
Related IEP Guides
Your IEP Rights: What Schools Must Do
Know your rights in the IEP process. Learn about Prior Written Notice, independent evaluations, stay-put, due process, and 10 rights every parent should know.
IEP Accommodations vs Modifications: What Parents Need to Know
Accommodations change how your child learns. Modifications change what — and can affect their diploma. Know the difference before your next IEP meeting.