Throughout the United States, K-12 students enjoy a traditional educational environment that provides a pathway toward graduation without any cost to parents. Like other states, Kentucky has a wide array of public, private, religious, vocational, and alternative schools serving students in major metropolitan areas, rural counties, and the suburban sprawl in between. Despite a predominately generalized approach to most students' education, Kentucky schools also offer resources for those with divergent needs through special education programs.
Special education covers an extensive and varied compilation of non-traditional approaches to schooling methods to keep up with individual student needs as established by federal directives. Most K-12 schools have special education programs within their walls with specialized teachers, classrooms, and various aids. Some school districts augment their programs with external means through alternative settings or other regional and statewide institutions that can manage students with certain requirements. Nevertheless, a majority of special education support can be found in-house, with many students receiving more subtle care with audio versions of textbooks, modified class schedules, seating accommodations, and physical aids for mobility.
Federal and state regulations require Kentucky schools to ensure that their special education services maintain the same statewide academic guidelines as traditional programs. Yet, what each district can provide may fluctuate because of larger factors. The school district's general population, its distance from urban centers, local economic and political dynamics, and others can influence how special education is funded and even administered to students.
While situations can vary from school to school in Kentucky, your student has a right to the education afforded to them regardless of what they may need to maintain equity with the general student population. Whether parents seek reasonable accommodations, program modifications, or holding schools accountable to federal and state mandates, the Lento Law Firm's Education Law Team is prepared to assist you and your child. Call 888-535-3686 to ensure your child's academic access, or contact the Lento Law Firm online today.
What is Special Education in Kentucky?
Special education is led by both federal and state law, coming under the oversight of the Kentucky Department of Education's (KDE) Office of Special Education and Early Learning (OSEEL). The agency works to improve educational outcomes for divergent learners through training and coaching for local district and state school staff and teachers, technical assistance, guidance and policy documents, and providing support for students and their families.
The primary federal law protecting disability rights in K-12 education is the Individuals with Disabilities Education Act (IDEA). The law is divided into four parts aimed at different age groups eligible for publicly-funded supplements, with some that states use to expand provisions. IDEA includes the following:
- Part A: General outline of IDEA
- Part B: Federally-provided, state-managed student assistance (ages 3-21)
- Part C: Early intervention services for infants and toddlers (ages 0-3)
- Part D: Parent training and information and state personnel development
IDEA Part B is the section that parents should be familiar with due to its covering of students through age 21. Yet, early childhood services can be obtained from birth up until age five.
Common Special Education Terms
Since it will depend upon what a particular student needs to succeed academically and socially in the K-12 environment, each pathway will be different. However, there are some commonalities within the scope of special education.
- Free Appropriate Public Education (FAPE): Every student in the U.S. is afforded the right to a public education without charge, even if it must be modified to fit a student's need. IDEA's key objective is to provide FAPE for students with disabilities so they have access to the same quality education as non-disabled peers.
- Individualized Education Programs (IEPs): If a student requires school modifications, special education personnel, parents, and sometimes the student will convene to create guidelines of support and resources. These can include reasonable accommodations a school provides to ensure students with disabilities have access to FAPE.
- Reasonable Accommodations: To fulfill FAPE requirements, schools must provide accommodations to students with disabilities, which are outlined in a student's IEP. However, it's important to remember that it does not mean students will get the "best" accommodations, only "reasonable" ones for qualifying disabilities.
- Least Restrictive Environment (LRE): This is the environment in which students with disabilities must be placed to make them part of the broader school community. What LRE means to each student depends on their disability and best interests.
What Students Qualify for Special Education?
IDEA outlines 13 categories of disabilities that are legally required to be met with reasonable accommodations or other special education services. They include the following:
- Autism Spectrum Disorder
- Deafness
- Deaf-Blindness
- Emotional Disturbance Disorders
- Intellectual Disabilities
- Hearing Impairments
- Multiple Disabilities
- Orthopedic Impairments
- Specific Learning Disabilities
- Speech or Language Impairments
- Traumatic Brain Injury
- Visual Impairments
- Other Health impairments
As mentioned before, some states expand special education services under IDEA's state-managed provisions. The KDE includes an additional category: Gifted and Talented.
OSEEL offers education services for gifted students across all grade levels. Primary students are screened and selected as high-potential learners and students in grades 4-12 because of "exceptional" qualities in one or more of the following areas:
- General or specific intellectual aptitude
- Creative or divergent thinking
- Psychosocial or leadership skills
- Visual or performing arts skills
Parents may feel immense hope that their children have access to and support services through numerous special education categories. However, parents must understand that their children do not automatically qualify for special education services just because they have a diagnosed disability. First, there must be a series of meetings in a joint effort between parents, school officials, and the district's special education personnel to determine that the student will have forward academic, behavioral, or social progress with available support systems.
How Does Kentucky Test Students for Disabilities?
Through IDEA's "Child Find" provision, Kentucky's local educational agencies (LEAs) must "locate, identify, and evaluate all children with disabilities from birth through age 21." LEAs will have knowledge of a disability or special education need if a teacher, parent, or LEA personnel requests that a child be evaluated. If a request for analysis originates from a source other than the student's parent, OSEEL must have parental consent before moving forward.
Assessments to determine disabilities or the need for special education services will be individualized for each student. The analysis will include using various methods and procedures to gather relevant functional, developmental, and academic information about the child. All services a child is entitled to will be documented in an IEP.
The evaluation period will begin when KDE's Admissions and Release Committee (ARC) conducts an initial IEP meeting. ARC reviews available data about the student, including classroom data, the results of evidence-based interventions, and formal and informal assessment data.
Throughout the process, parents and ARC personnel will determine the following factors:
- Current and past levels of academic achievement and functional performance
- How a disability affects the student's involvement and progress in the general education curriculum
- Planning measurable academic and practical goals
- A statement of official special education services, including appropriate supplementary aids
If ARC fails to reveal a disability, parents will be provided a written notice of their refusal to implement special education services. Parents are also not obligated to agree with ARC's determinations, and the entire process can only be initiated with parental approval.
Types of Services for Kentucky Special Education Students
Special education services will cover a wide range of accommodations and modifications, whether they are slight or significant changes to the content of the curriculum, student performance expectations, or the educational environment. Each will be outlined in the student's IEP and may include but are not limited to:
- Audiology services
- Behavioral counseling
- Family counseling
- Interpreting services
- Medical services
- Occupational therapy
- Orientation and mobility services
- Physical therapy
- Specialized transportation
- Speech therapy
Students with disabilities may also receive supplementary aids under IDEA to enable their inclusion in the same learning environment as non-disabled children to the maximum extent appropriate. Aids and supports can be as wide-ranging as accommodations and modifications, including some of the following:
- Extended assignment completion times
- Frequent reminders of class rules and expectations
- Large-print textbooks
- Oral or open-book exams
- Personal or instructional support from special education personnel
- Preferential seating
- Tutoring services
Fortunately, the provisions of IDEA also often extend to extracurricular activities, promoting the inclusion of students with disabilities in the broader student community. However, services can still vary by school district.
Parents may believe that they advocate for new or different special education services or accommodations for their children. While parents are their child's authority, federal law only requires that schools offer reasonable accommodations to students with disabilities—not all or even the best accommodations. However, parental encouragement may work in some circumstances.
For instance, parents requesting services that would require a team of additional trained professionals or an expensive software program are unlikely to be granted, considering all-too-common school funding shortfalls. But, accommodations that are less expensive, easy to implement, or would help numerous students are more likely to be approved.
Kentucky Special Education Dispute Resolution
Usually, parents and ARC personnel work together to make decisions about a student's education. But occasionally, there may be times when the parties disagree.
Disagreements are commonly resolved through an informal meeting in which the parents and a school district's Director of Special Education (DoSE) convene to resolve concerns. If a meeting with the DoSE fails to resolve a dispute, there are three options for redress.
- Mediation: A third party from the KDE assists parents and school staff when they are clarifying IEP and special education issues in a confidential setting. Mediation can be requested at any time and does not rule out the use of a formal written complaint or due process hearing. Signed agreements are legally binding on both parties and enforceable.
- Formal Written Complaint: A written statement alleging that a school district has violated a requirement of state or federal special education law. Complaints must be filed with OSEEL within one year of the alleged violation.
- Due Process Hearing: In front of an administrative law judge (ALJ), both parties will make arguments for their respective viewpoints. The ALJ will then make a recommendation, which is legally binding if accepted by both parties. Any due process hearing must be requested in writing within three that the parent or district knew or should have known about the alleged issue.
A Kentucky Student's Right to Special Education
Although students with disabilities have the right to FAPE, the path to obtaining legally required accommodations is sometimes riddled with complexities and pitfalls. However, parents can gain the help their child needs in the evaluation process, advocating for necessary accommodations, and helping maintain graduation goals.
The Lento Law Firm's Education Law Team is fundamental in providing clear guidance with the following issues integral to special education.
- Legal Comprehension: IDEA and other federal and state regulations are often filled with legal terminology that isn't written for parents to understand. The Education Law Team understands the law's particular nuances to ensure you know how your child can be affected and address any points of weakness within a student's special education support systems.
- Discrimination Risks: A lack of enforcement in the scope of special education can severely affect a student's academic journey. Seeking help from the Lento Law Firm will protect your child against the heightened risk of discrimination from broad-spectrum regulations and school district management.
- Administrative Hearings: While the KDE makes dispute resolution a three-pronged option for parents, the Lento Law Firm's Education Law Team can assist families with proceedings, including presenting evidence, seeking official testimony, and arguing before an ALJ.
The Lento Law Firm Education Law Team assists students and families nationwide to ensure they receive the educational opportunities afforded to them under federal and state law. To get started with advocating for your student, contact the Lento Law Firm online or call 888-535-3686 now.
