Myth: The school does not have a set date to have the initial evaluation for Special Education/IEP (ages 3-21) to be completed by.
Truth: In Kentucky public schools have 60 school days from the date the parent signed the parental consent to evaluate. This is not calendar days, weekends and breaks from school do not count.
If your child attends school on one of our military bases in Kentucky (Fort Knox or Fort Campbell) they are operated by Department of Defense Education Activity (DoDEA). For DoDEA Schools they have 45 school days from the date that you sign the “Parent Permission to Assess” form.
Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Regulations:
Part 300 / D / Sec. 300.301 Initial evaluations. (c) (1) (i) Must be conducted within 60 days of receiving parental consent for the evaluation; or (ii) If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and
Kentucky Administrative Regulations (KAR):
707 KAR 1:320. Individual education program. Section 2. ARC Meetings. (3) An LEA shall ensure that within sixty (60) school days following the receipt of the parental consent for an initial evaluation of a child:
Helpful Resources:
DoDEA Parents Handbook on Special Education
FAQ: Kentucky Specific Regulations as related to IDEA 2004 Part B (ages 3-21) Chart (KY-SPIN, Inc.)
How to Get An Evaluation for Your Child Through School (ages 3-21) KY-SPIN, Inc. Information Sheet Series
Communicating with your child’s school through letter writing (NICHCY)
Evaluation: What Does It Mean for Your Child? (PACER)
Just for Parents: Learning about Special Education Evaluation (PACER)
Evaluating children for the presence of disability (NICHCY)
Categories of disability under IDEA (NICHCY)