{"data":{"id":"us-ky/krs-157.224","jurisdiction":"us-ky","citation":"KRS 157.224","heading":"Statewide plan for exceptional education programs -- Annual applications","body":"and reports -- Improvement plan -- Special education trust fund --\nAdministrative hearings.\n(1) The Commonwealth of Kentucky is committed to providing a comprehensive\neducational program for its exceptional children and youth. The Department of\nEducation coordinates, directs, and monitors that program. State direction and\nimplementation of a statewide special education program is manifested in the\nbiennial appropriation of funds t o assure a quality educational opportunity for\nexceptional children and youth in existing, locally operated, classrooms.\n(2) All county and independent boards of education shall operate special education\nprograms pursuant to an annual application which has  been approved by the\nKentucky Department of Education pursuant to standards set out in administrative\nregulations promulgated by the Kentucky Board of Education. If any county or\nindependent board of education fails to operate and implement special educat ion\nprograms in accordance with the standards, the application of the county or\nindependent board of education for funding pursuant to KRS 157.360 may be\nconsidered insufficient and the add -on funds generated under that statute may be\nwithheld by the Kentu cky Board of Education until the program is in compliance\nwith all substantive requirements designed to ensure that students with disabilities\nreceive an appropriate education under the Federal Individuals with Disabilities\nEducation Act, as amended. The add-on funds shall not be withheld until the district\nhas had the benefit of intense assistance from the Department of Education, a\nKentucky Special Education Mentor under the provisions of KRS 157.197 or other\nassistance approved by the department for at least two (2) years. The superintendent\nof each local school district shall certify its enrollment of exceptional children and\nyouth to the Department of Education. The department shall audit student\nenrollment and monitor local district compliance in accor dance with Kentucky\nBoard of Education administrative regulations.\n(3) The Kentucky Board of Education administrative regulations shall set forth the data\nlocal school districts shall submit in their annual applications and reports. The data\nshall be repor ted in the same format as data submitted to the Department of\nEducation for all other students and shall include, but not be limited to:\n(a) The number of students who are suspended, expelled, and quit school\nannually;\n(b) The success of students placed in various classroom settings including, but not\nlimited to, regular classrooms, resource rooms, self-contained classrooms, and\nvocational programs as measured by the state assessment program; and\n(c) Information about students' successful transition to adult life.\n(4) Local school districts and schools found to be noncompliant with state board\nadministrative regulations shall develop an improvement plan that shall be\nsubmitted to the Department of Education for approval. Local school districts shall\nuse spec ialized resources in the development of the plan which may include\nuniversities, regional resource centers, professional organizations, and constituent\nadvocacy groups.\n(5) There is hereby created a special education trust fund to receive the funds withhel d\nunder subsection (2) of this section and interest accrued from the funds invested.\nThe funds and interest shall not lapse, but shall be returned to the district when it is\nin compliance with all substantive requirements designed to ensure that students\nwith disabilities receive an appropriate education under the Federal Individuals with\nDisabilities Education Act, as amended.\n(6) All administrative hearings conducted under authority of this section shall be\nconducted in accordance with KRS Chapter 13B. Th e provisions of KRS Chapter\n13B notwithstanding, the decision of the hearing officer in hearings under this\nsection shall be the final order and shall be rendered pursuant to 34 C.F.R. 300.511.\nA parent, public agency, or eligible student may only request the administrative\nhearing within three (3) years of the date the parent, public agency, or eligible\nstudent knew about the alleged action that forms the basis for the complaint, unless\na longer period is reasonable because the violation is continuing. Thi s three (3) year\nlimit shall not limit the introduction of evidence older than three (3) years if the\nevidence is relevant to the complaint and shall not apply to the parent or the eligible\nstudent if the parent or eligible student was prevented from reque sting the hearing\ndue to:\n(a) Failure of the local educational agency to provide prior written or procedural\nsafeguards notices;\n(b) False representations that the local educational agency was attempting to\nresolve the problem forming the basis of the complaint; or\n(c) The local educational agency's withholding of information relevant to the\nhearing issues from the parent.","path":["KRS Chapter 157"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=3296","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:02Z","sha256":"0fef50b9b9f3a6deb73190371ac0cfb7af3ec1b2b9be0afcb97a289221690536","source_id":"us-ky","stale":false,"prev":"us-ky/krs-157.222","next":"us-ky/krs-157.226"},"notice":"GroundRules: Original legal text. Not legal advice."}