RELATES TO: KRS 157.200, 157.220, 157.224, 157.226, 157.230,
157.250, 157.260, 157.270, 157.280, 157.285, 157.290, 157.360, 158.030,
158.100, 158.150, 160.290, 34 C.F.R. 300.1-300.181, 20 U.S.C., 1400-1419
NECESSITY, FUNCTION, AND CONFORMITY: KRS 157.200 to 157.290
establish the statutory framework for special education programs in local
school districts. KRS 157.220 requires the Kentucky Board of Education to adopt
rules and administrative regulations for proper administration of these
programs. KRS 156.035 authorizes the Kentucky Board of Education to implement
any act of Congress appropriating funds to the state and to provide for the
proper apportionment and disbursement of these funds in accordance with state
and federal laws. 20 U.S.C. 1407 and 1412 and 34 C.F.R. 300.100 require that
policies and procedures be adopted to assure the apportionment and disbursement
of federal funds for exceptional children programs in accordance with
applicable laws. This administrative regulation establishes requirements for
making placement decisions about children with disabilities.
Section 1. Placement Decisions.
(1) An LEA shall ensure that to the maximum
extent appropriate, children with disabilities, including children placed by
the LEA in public or private institutions or other care facilities, are
educated with children who are nondisabled. The LEA shall ensure that special
classes, separate schooling, or other removal of children with disabilities
from the regular educational environment occurs only if education in the
regular education environment with the use of supplementary aids and services
cannot be satisfactorily achieved due to the nature or severity of the
disability.
(2) An LEA shall ensure
that a continuum of alternative placements is available to meet the needs of
children with disabilities for special education and related
services.
(3) The continuum shall
include the alternative placements of:
(a)
Instruction in regular classes;
(b)
Special classes;
(c) Special
schools;
(d) Home instruction;
and
(e) Instruction in hospitals
and institutions.
(4)
The LEA shall make provision for supplementary services to be provided in
conjunction with regular class placement.
(5) In determining the educational placement
of a child with a disability, the LEA shall ensure that the placement decision
is made by the ARC in conformity with the least restrictive environment
provisions.
(6) A child's placement
shall be:
(a) Determined at least
annually;
(b) Based on the child's
IEP; and
(c) As close as possible
to the child's home.
(7)
Unless the IEP of a child with a disability requires some other arrangement,
the child shall be educated in the school that he would attend if
nondisabled.
(8) In selecting the
least restrictive environment, consideration shall be given to any potential
harmful effects on the child or on the quality of services that he
needs.
(9) A child with a
disability shall not be removed from education in age-appropriate regular
classrooms solely because of needed modifications in the general
curriculum.
(10) In providing or
arranging for the provision of nonacademic and extracurricular services and
activities, an LEA shall ensure that a child with a disability participates
with nondisabled children in those services and activities to the maximum
extent appropriate to the needs of the child.
Section 2. Class Size.
(1) An LEA shall provide special education
for each child with a disability in accordance with the following maximum
caseloads for special classes:
(a)
Emotional-behavior disability is eight (8);
(b) Functional mental disability is ten
(10);
(c) Hearing impairment is six
(6);
(d) Mild mental disability is
fifteen (15);
(e) Multiple
disabilities is ten (10);
(f)
Orthopedic impairment is sixteen (16);
(g) Other health impairment is sixteen
(16);
(h) Specific learning
disability for primary is ten (10) and for secondary is fifteen (15);
and
(i) Visual impairment is ten
(10).
(2) An LEA shall
provide special education for each child with a disability in accordance with
the following maximum caseloads for resource classes:
(a) Emotional-behavior disability is eight
(8);
(b) Functional mental
disability is eight (8);
(c)
Hearing impairment is eight (8);
(d) Mild mental disability is ten
(10);
(e) Multiple disabilities is
eight (8);
(f) Orthopedic
impairment is ten (10);
(g) Other
health impairment is ten (10);
(h)
Specific learning disability is ten (10); and
(i) Visual impairment is eight (8).
(3) Children with disabilities
that meet the definition of autism; deaf-blindness; developmental delay for
ages six (6), seven (7), and eight (8); and traumatic brain injury shall be
served in regular classes, special classes, or resource classes as determined
by the ARC.
(4) If a teacher of
exceptional children provides services through the collaborative model, the
maximum caseload shall not exceed twenty (20) children with disabilities for
secondary, and fifteen (15) children with disabilities for primary.
(5) Pursuant to KRS 157.360, if caseload for
special classes or class size for resource classes exceeds the maximum
specified in this section for thirty (30) days, an LEA shall submit a waiver
request to the Kentucky Department of Education.
Section 3. Case Load for Resource Teachers.
Caseloads for resource teachers shall refer to the maximum number of student
records a teacher may be assigned. An LEA shall make those assignments based on
the following:
(1) Emotional-behavioral
disability is fifteen (15);
(2)
Functional mental disability is ten (10);
(3) Hearing impairment is eight
(8);
(4) Mild mental disability for
primary is fifteen (15) and for secondary is twenty (20);
(5) Multiple disabilities is ten
(10);
(6) Orthopedic impairment is
twenty (20);
(7) Other health
impairment is twenty (20);
(8)
Specific learning disability for primary is fifteen (15) and for secondary is
twenty (20);
(9) Visual impairment
is ten (10); and
(10) Speech
language pathologist caseload limits as contained in KRS 334A.190.