KRS 157.224: Statewide plan for exceptional education programs -- Annual applications

and reports -- Improvement plan -- Special education trust fund --

Administrative hearings.

(1) 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 t o assure a quality educational opportunity for

exceptional children and youth in existing, locally operated, classrooms.

(2) 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 educat ion

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 Kentu cky 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 accor dance with Kentucky

Board of Education administrative regulations.

(3) 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 repor ted 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.

(4) 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 spec ialized resources in the development of the plan which may include

universities, regional resource centers, professional organizations, and constituent

advocacy groups.

(5) There is hereby created a special education trust fund to receive the funds withhel d

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.

(6) All administrative hearings conducted under authority of this section shall be

conducted in accordance with KRS Chapter 13B. Th e 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. Thi s 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 reque sting 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.