Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State Special Education Rights

IEP Rights in Kentucky

Kentucky follows federal IDEA requirements with state-specific procedures administered through the Kentucky Department of Education. Here is what parents in Kentucky need to know.

Meghan Moore, BCBA, M.A. Special Education

Kentucky's ARC System

Kentucky uses the term Admissions and Release Committee (ARC) instead of IEP team. The ARC performs all of the same functions: it determines eligibility, develops the IEP, makes placement decisions, and conducts annual reviews. When you see "ARC" in Kentucky special education documents, it means the same group of people you would call the IEP team in other states.

Kentucky's special education program is governed by state administrative regulations under 707 KAR, administered by the Kentucky Department of Education (KDE), Division of Learning Services.

Evaluation Timeline: 60 Calendar Days

Once you provide written consent for an initial evaluation, the district has 60 calendar days to complete all assessments and hold an ARC meeting to determine eligibility. This window cannot be extended by summer break unless the school has a written policy disclosed to you in advance.

If the district suspects a child may have a disability but the parent has not yet requested an evaluation, the district has a Child Find obligation to identify and evaluate that child. Schools cannot wait for parents to initiate the process if they have reason to believe a student has a disability affecting their education.

IEP Development and Annual Review

After an eligibility determination, the ARC must develop an IEP and have it in place within 30 days. Annual ARC reviews are required every 12 months. Parents can request an ARC meeting at any time, and the district must comply within a reasonable time.

The ARC must include: the parent, a general education teacher (if applicable), a special education teacher or provider, a district representative authorized to commit resources, a person who can interpret evaluation data, the student (where appropriate), and any other relevant participants.

Least Restrictive Environment

Kentucky requires that students be educated with nondisabled peers to the maximum extent appropriate. Placement in a more restrictive setting requires documented justification. Kentucky's placement system offers a continuum from full inclusion to residential facilities, and removal from general education must be documented and justified in the IEP.

Transition Planning

Kentucky follows the federal IDEA transition requirement, starting planning by age 16. The IEP must include measurable postsecondary goals, the transition services to reach them, and a course of study. The student must be invited to all ARC meetings focused on transition. Kentucky also connects students to Vocational Rehabilitation services as part of the transition process.

Parent Rights and Procedural Safeguards

Kentucky must provide you a copy of your procedural safeguards at initial referral, at each annual ARC review, when you file a complaint or request a hearing, and whenever you request a copy. You have the right to an IEE at public expense if you disagree with the district's evaluation. The district must either fund the IEE or initiate due process to justify its own assessment.

Dispute Resolution Options

State Complaint: File with KDE Division of Learning Services. The state has 60 calendar days to investigate. Complaints must be filed within one year of the alleged violation and must describe the specific violation and the facts supporting it.

Mediation: Kentucky provides free voluntary mediation through KDE. Both parties must agree to participate. Agreements reached in mediation are legally binding and enforceable.

Due Process: Kentucky due process hearings are conducted through KDE. The two-year statute of limitations applies from when the parent knew or should have known of the alleged violation. A resolution meeting must be held within 15 days of filing (unless waived), followed by a 30-day resolution period before a hearing is scheduled.

Kentucky Special Education Resources

Kentucky Department of Education, Division of Learning Services: (502) 564-4970 | education.ky.gov, state oversight, complaint filing, and policy resources.

Kentucky Special Parent Involvement Network (KY-SPIN): (800) 525-7746 | kyspin.com, Kentucky's federally funded PTI center, providing free training, information, and support to families.

Protection and Advocacy (Disability Rights Kentucky): (800) 787-2017 | drky.org, free legal advocacy for Kentuckians with disabilities, including special education matters.

Frequently Asked Questions

How long does Kentucky have to evaluate my child for special education?

Kentucky must complete an initial evaluation and hold an eligibility ARC meeting within 60 calendar days of receiving your signed consent for evaluation.

What is an ARC in Kentucky?

ARC stands for Admissions and Release Committee. It is Kentucky's term for the IEP team, the group that makes decisions about eligibility, services, and placement.

How do I file a complaint about my child's IEP in Kentucky?

File a written state complaint with the Kentucky Department of Education, Division of Learning Services. The state has 60 calendar days to investigate and issue a decision.