{"data":{"id":"us-ky/krs-199.802","jurisdiction":"us-ky","citation":"KRS 199.802","heading":"Consideration of best interest of child in placing child within same or","body":"different school district -- Transportation to be provided as needed -- Timely\nrecord and information sharing -- Confidentiality of information.\n(1) As used in this section:\n(a) \"Best interest of the child\" means the determination regarding the enrollment\nof a child made when considering all factors relating to the best interest of a\nchild, as outlined in 20 U.S.C. secs. 6301 et seq., including but not limited to:\n1. The benefits to the child of maintaining educational stability;\n2. The appropriateness of the current educational setting;\n3. The child's attachment and meaningful relationships with staff and peers\nat the current educational setting;\n4. The influence of the school's climate on the child;\n5. The safety of the child; and\n6. The proximity of the placement to the school of origin, and how the\nlength of a commute would impact the child;\n(b) \"Child\" means any person who has not reached his or her eighteenth birthday,\nunless otherwise provided, that is in the care of the department;\n(c) \"Educational stability\" means the maintenance of the enrollment of a child in\na particular school upon a transition to a different placement or living\narrangement when such maintenance is in the best interest of the child, and if\nnot, the enrollment of the child in a new school in a time and manner that\nensures the child experiences a minimal lapse in school attendance; and\n(d) \"School of origin\" means the public school in which the chil d was enrolled\nimmediately prior to placement.\n(2) In determining the placement of a child under KRS 199.801, the department shall, if\npracticable, locate a placement within the same school district where the child was\nmost recently enrolled to allow the child to remain enrolled in the school of origin.\n(3) (a) The department, in consultation with the local education agency, shall make\nthe determination on whether the child shall remain enrolled in the school of\norigin based on the best interest of the child, weighing the promotion of\neducational stability as a primary factor.\n(b) In accordance with 20 U.S.C. secs. 6301 et seq., the cost of transportation\nshall not be a factor in determining the best interest of a child for an\nenrollment decision.\n(4) If the department finds it is in the best interest of a child t o remain in the school of\norigin upon placement of the child in a new school district, reasonable\ntransportation shall be offered from the location of placement to the school of origin\nin which the child is enrolled for any regularly scheduled school day. In accordance\nwith 20 U.S.C. secs. 6301 et seq., costs incurred by a school district, foster parent,\nchild-placing agency, or child-caring facility for transportation to the school shall be\nreimbursed by the department upon request.\n(5) Upon the determinat ion that changing a child's school of enrollment is in the best\ninterest of the child:\n(a) The department, any applicable child -caring facility, child -placing agency,\nschool, and local school district, and the child's state agency caseworker shall\ncollaborate to ensure the immediate and appropriate enrollment of the child;\n(b) 1. The child's state agency caseworker shall immediately contact the\nreceiving district to inform the district of the pending enrollment\nchanges.\n2. The child's state agency caseworke r or child -caring facility or child -\nplacing agency case manager shall either accompany the child and the\nfoster parent to the new school to enroll the child or contact applicable\nstaff at the new school via telephone during the day of enrollment, to\nassist with the enrollment, to share information relating to the child's\nunique needs and prior experiences that may impact their education, and\nto identify and prevent disruptions in any instructional or support\nservices that the child may have been receiving p rior to that time,\nincluding but not limited to medical and behavioral health history and\nindividual service plans;\n(c) In accordance with 20 U.S.C. secs. 6301 et seq., the new school shall\nimmediately enroll the child, even if the child is unable to produ ce records\nrequired for enrollment, including but not limited to:\n1. Academic records;\n2. Medical records; and\n3. Proof of residency;\n(d) The new school shall immediately request the records of the child from the\nchild's previous school;\n(e) The previous school shall provide the new school:\n1. Notwithstanding KRS 159.170, all records within the student\ninformation system maintained by the Kentucky Department of\nEducation regarding the child by the end of the working day on the day\nof receipt of a request ma de under this subsection. If a record provided\nto the new school is incomplete, the previous school shall provide the\ncompleted record within three (3) working days of the original request;\nand\n2. In accordance with KRS 159.170, all remaining records regar ding the\nchild within ten (10) working days of receipt of a request made under\nthis subsection;\n(f) In accordance with 20 U.S.C. sec. 1232g, the department responsible for the\nchild, and the child's state agency caseworker, or child-caring facility or child-\nplacing agency case manager shall be granted access to all educational records\non a confidential basis in order to facilitate the proper transfer, enrollment,\nand educational placement of the child;\n(g) In accordance with KRS 158.140(1), promotions or cr edits earned in\nattendance in any approved public school shall be accepted as valid at the new\nschool;\n(h) The department, child -caring facilities, child -placing agencies, child's state\nagency caseworkers, school districts, and foster parents shall each co llaborate\nwith one another to ensure the educational stability of each child, and to assist\none another with meeting the educational needs of each child in furtherance of\nthe rights enumerated in KRS 620.363; and\n(i) 1. The department, child -caring facilit ies, child -placing agencies, and a\nchild's state agency caseworker, may share information regarding a child\nand facts learned about a child and his or her unique needs and prior\nexperiences, as necessary, with staff of the new school district in which\nthe child is enrolling in order to identify and serve the educational needs\nof the child.\n2. All information regarding a child or facts learned about a child by the\ndepartment, any child-caring facility or child-placing agency licensed by\nthe cabinet, or a child's state agency caseworker, and shared with staff of\na school district pursuant to this section, shall be deemed confidential in\nthe same manner and subject to the same provisions as similar records of\nthe cabinet. The information thus obtained shall not  be published or be\nopen for public inspection, except to authorized employees of the school\ndistrict in performance of their duties and to identify and serve the\neducational needs of the child.\n(6) The school district in which the child is enrolled upon h is or her successful\ncompletion of all high school graduation requirements shall issue a diploma\nindicating graduation from high school to the child.","path":["KRS Chapter 199"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50243","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:54Z","sha256":"8368f71cf8205fef7c59a0668be09cbed0abc2b70cbe6b151343d1622e751a6c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-199.801","next":"us-ky/krs-199.803"},"notice":"GroundRules: Original legal text. Not legal advice."}