IEP Timelines in Kentucky
What are the IEP timelines in Kentucky?
Kentucky has specific, well-defined timelines for the special education process governed by 707 KAR 1:300, 707 KAR 1:320, and 707 KAR 1:340. The most significant Kentucky-specific timeline is the initial evaluation timeline of 60 school days from parental consent — this counts only school days, not calendar days, so holidays, weekends, and school breaks do not count. This means the effective calendar duration is substantially longer than 60 days. Within 30 days of an eligibility determination, the ARC must meet to develop the IEP (707 KAR 1:320, Section 2). For all ARC meetings, written notice must be provided at least 7 calendar days in advance (24 hours for disciplinary or safety meetings) (707 KAR 1:340, Section 3). Minor IEP amendments made without convening the ARC require parent notification within 10 school days (707 KAR 1:320, Section 2). In disputes: state complaints must be resolved within 60 calendar days (707 KAR 1:340, Section 8); mediation sessions must be scheduled within 60 days (707 KAR 1:340, Section 10); resolution meetings must be held within 15 days of a due process hearing request (707 KAR 1:340, Section 11); the resolution period is 30 days before the 45-day hearing timeline begins; expedited hearing requests must result in a hearing within 20 school days and a decision within 10 school days; appeals to ECAB must be filed within 30 calendar days of the hearing decision (707 KAR 1:340, Section 13); appeal of a complaint decision to the KDE Commissioner must be filed within 15 business days (707 KAR 1:340, Section 8). Surrogate parent appointments must occur within 30 days of determination of need (707 KAR 1:340, Section 7). Restraint/seclusion parent notification within 24 hours; debriefing within 5 school days (704 KAR 7:160).
What Kentucky Requires
Initial evaluation: 60 school days from parental consent — school days only, excluding weekends, holidays, and breaks (707 KAR 1:320, Section 2).
IEP development after eligibility determination: within 30 days (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).
Minor IEP amendments without ARC meeting: parent notification within 10 school days (707 KAR 1:320, Section 2).
State complaint resolution: 60 calendar days; appeal to KDE Commissioner within 15 business days (707 KAR 1:340, Section 8).
Resolution meeting before due process: within 15 days of hearing request; 30-day resolution period before 45-day hearing timeline begins (707 KAR 1:340, Section 11).
ECAB appeal: within 30 calendar days of hearing officer's decision (707 KAR 1:340, Section 13).
Expedited hearing: within 20 school days of request; determination within 10 school days after (707 KAR 1:340, Section 16(5)).
Surrogate parent: appointed within 30 days of determination of need (707 KAR 1:340, Section 7(9)).
Restraint/seclusion: parent notification within 24 hours (automatic); if requested by parent/emancipated youth, debriefing within 5 school days of request (704 KAR 7:160, Section 5(7)).
Reevaluation: at least every 3 years; not more than once per year without agreement (707 KAR 1:300, Section 4(18)-(19)).
Key Timelines
Initial evaluation: 60 school days from parental consent (707 KAR 1:320, Section 2).
IEP after eligibility: 30 days (707 KAR 1:320, Section 2).
ARC notice: 7 calendar days standard; 24 hours for discipline/safety (707 KAR 1:340, Section 3).
State complaint: 60 days; Commissioner appeal: 15 business days (707 KAR 1:340, Sections 8, 13).
Transition planning: begins 8th grade or age 14, whichever comes first (707 KAR 1:320, Section 7).
Rights transfer notice: at least 1 year before age 18 (707 KAR 1:320, Section 5(14)).
FAPE age range: 3 through 21 (707 KAR 1:290, Section 1).