KRS 620.145: Cabinet's assessment of child's educational needs.

(1) Within sixty (60) days of the commitment date of a child due to abuse, neglect, or

dependency, the Cabinet for Health and Family Services shall provide the court

with jurisdiction an assessment of the child to determine:

(a) The child's current and historical educational functioning;

(b) The child's emotional and behavioral functioning; and

(c) The extent to which the child's life experiences and circumstances of

commitment have created a disabling condition requiring special educational

programming or othe r services to provide the child an appropriate public

education.

(2) Upon discerning of an emotional, behavioral, or other disabling condition with

negative impact upon a child's educational experience, the Cabinet for Health and

Family Services as guardia n of the child shall ensure that whatever services

necessary are obtained to allow the child the benefit of a free, appropriate public

education.

(3) Services required to allow the child a free, appropriate public education shall be

limited to those requir ed under Section 504 of Pub. L. 93 -112, Pub. L. 94 -142, or

other federal statutes affecting children with emotional or behavioral disabilities.

(4) The Cabinet for Health and Family Services shall include activities undertaken to

ensure a child committed t o the Cabinet for Health and Family Services receives

adequate public education in the six (6) month case progress report required by

KRS 620.240.

(5) Any child removed from his home due to abuse, neglect, or dependency and placed

in the least restrictive appropriate placement available shall, for the purposes of

acquiring an appropriate public education, be considered a resident of the school

district where the placement occurs.

(6) The Cabinet for Health and Family Services shall provide a copy of the ass essment

required by subsection (1) of this section to the foster parent, or other agency or

entity providing residential care to a committed child, within five (5) days of filing

the assessment with the court.