The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) issued its 2021 Determination Letters on State Implementation of the Individuals with Disabilities Education Act (IDEA). Kentucky was found to Meet Requirements and Purposes of Part B of the IDEA. This is Kentucky’s 14th consecutive year of achieving the highest level of determination possible.
Recent Legislative Impacts
On March 23, 2023, Governor Beshear signed House Bill 538 into law. The bill amends KRS 158.150, Suspension or expulsion of pupils and will take effect on June 29, 2023. Both KRS 158.150 and HB 538 (2023), continue to provide that “Any action under this section related to students with disabilities shall be in compliance with applicable federal law." This includes the provisions about the suspension of exceptional children and manifestation determinations. The legislation specifically acknowledges that students with disabilities must continue to receive all the protections established by the Individuals with Disabilities Education Act (IDEA). As part of the general supervision requirements of the IDEA, the Kentucky Department of Education (KDE) will continue to provide technical assistance and monitor the implementation of the IDEA, including disciplinary provisions.
To support local school districts, the Office of Special Education and Early Learning (OSEEL) previously shared information regarding the U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSERS) and Office for Civil Rights (OCR) release of a discipline package. The package is intended to help schools support students with disabilities and avoid discriminatory use of discipline.
For more information regarding legislative direction, please visit the Kentucky Department of Education's Legislative Guidance page.
Office of Special Education and Early Learning Newsletter
Click the link below to read the latest news and updates from the Office of Special Education and Early Learning (OSEEL).
Revisions to Special Education Definitions Q & A and Support Video
The Question and Answers (Q&A) Related to Revisions to Special Education Definitions (Hearing Impairment and Visual Impairment) document is intended to provide frequently asked questions related to the amendments to the definitions for hearing impairment and visual impairment. The Q&A also provides resources to assist schools and districts in improving processes related to referring, evaluating and determining eligibility for a student with a hearing or visual impairment. Additionally, the video is a companion resource that provides an overview of and highlights key features of the Q&A document.
Directors of Special Education Institute 2022 Recordings Now Available
OSEEL Webcasts and Resources
Special Ed Connection is the go-to online source for guidance on all your special education challenges — and the source you need to keep current on education policy and legal developments.
Please email the contacts listed below if you have any questions.