2014 Kentucky Revised Statutes CHAPTER 157 - STATE SUPPORT OF EDUCATION 157.224 Statewide plan for exceptional education programs -- Annual applications and reports -- Improvement plan -- Special education trust fund -- Administrative hearings.
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157.224 Statewide plan for exceptional education programs -- Annual
applications and reports -- Improvement plan -- Special education trust
fund -- Administrative hearings.
(1)
(2)
(3)
(4)
The Commonwealth of Kentucky is committed to providing a comprehensive
educational program for its exceptional children and youth. The Department of
Education coordinates, directs, and monitors that program. State direction and
implementation of a statewide special education program is manifested in the
biennial appropriation of funds to assure a quality educational opportunity for
exceptional children and youth in existing, locally operated, classrooms.
All county and independent boards of education shall operate special
education programs pursuant to an annual application which has been
approved by the Kentucky Department of Education pursuant to standards set
out in administrative regulations promulgated by the Kentucky Board of
Education. If any county or independent board of education fails to operate and
implement special education programs in accordance with the standards, the
application of the county or independent board of education for funding
pursuant to KRS 157.360 may be considered insufficient and the add-on funds
generated under that statute may be withheld by the Kentucky Board of
Education until the program is in compliance with all substantive requirements
designed to ensure that students with disabilities receive an appropriate
education under the Federal Individuals with Disabilities Education Act, as
amended. The add-on funds shall not be withheld until the district has had the
benefit of intense assistance from the Department of Education, a Kentucky
Special Education Mentor under the provisions of KRS 157.197 or other
assistance approved by the department for at least two (2) years. The
superintendent of each local school district shall certify its enrollment of
exceptional children and youth to the Department of Education. The
department shall audit student enrollment and monitor local district compliance
in accordance with Kentucky Board of Education administrative regulations.
The Kentucky Board of Education administrative regulations shall set forth the
data local school districts shall submit in their annual applications and reports.
The data shall be reported in the same format as data submitted to the
Department of Education for all other students and shall include, but not be
limited to:
(a) The number of students who are suspended, expelled, and quit school
annually;
(b) The success of students placed in various classroom settings including,
but not limited to, regular classrooms, resource rooms, self-contained
classrooms, and vocational programs as measured by the state
assessment program; and
(c) Information about students' successful transition to adult life.
Local school districts and schools found to be noncompliant with state board
administrative regulations shall develop an improvement plan that shall be
submitted to the Department of Education for approval. Local school districts
shall use specialized resources in the development of the plan which may
include universities, regional resource centers, professional organizations, and
constituent advocacy groups.
(5)
(6)
There is hereby created a special education trust fund to receive the funds
withheld under subsection (2) of this section and interest accrued from the
funds invested. The funds and interest shall not lapse, but shall be returned to
the district when it is in compliance with all substantive requirements designed
to ensure that students with disabilities receive an appropriate education under
the Federal Individuals with Disabilities Education Act, as amended.
All administrative hearings conducted under authority of this section shall be
conducted in accordance with KRS Chapter 13B. The provisions of KRS
Chapter 13B notwithstanding, the decision of the hearing officer in hearings
under this section shall be the final order and shall be rendered pursuant to 34
C.F.R. 300.511. A parent, public agency, or eligible student may only request
the administrative hearing within three (3) years of the date the parent, public
agency, or eligible student knew about the alleged action that forms the basis
for the complaint, unless a longer period is reasonable because the violation is
continuing. This three (3) year limit shall not limit the introduction of evidence
older than three (3) years if the evidence is relevant to the complaint and shall
not apply to the parent or the eligible student if the parent or eligible student
was prevented from requesting the hearing due to:
(a) Failure of the local educational agency to provide prior written or
procedural safeguards notices;
(b) False representations that the local educational agency was attempting to
resolve the problem forming the basis of the complaint; or
(c) The local educational agency's withholding of information relevant to the
hearing issues from the parent.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 124, sec. 1, effective July 13, 2004. -Amended 1998 Ky. Acts ch. 514, sec. 6, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 318, sec. 47, effective July 15, 1996; and ch. 362, sec. 6,
effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 377, sec. 2, effective July
14, 1992. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 182, effective July 13,
1990. -- Amended 1984 Ky. Acts ch. 128, sec. 4, effective July 13, 1984. -Amended 1980 Ky. Acts ch. 286, sec. 4, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 155, sec. 82, effective June 17, 1978. -- Amended 1976 Ky.
Acts ch. 345, sec. 4. -- Created 1970 Ky. Acts ch. 47, sec. 4.
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