Myth: You can only have 1 ARC/IEP Team Meeting a year

Truth: You can request an Admissions and Release Committee (ARC)/IEP meeting at anytime, but you will at least have one annually to review and update the IEP as needed.

Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Regulations Part 300 / D / 300.324 Development, review, and revision of IEP. (b) Review and revision of IEPs. (1) … the IEP Team– (i) Reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

Kentucky Administrative Regulations (KAR)
707 KAR 1:320. Individual education program. Section 2. ARC Meetings. (6) An LEA shall ensure that the ARC: (a) Reviews each child’s IEP periodically, but no less than annually, to determine whether the annual goals for the child are being achieved;

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.

Myth: The parent has no options if they do not agree with the school’s evaluation results.

Truth: If the parent is not in agreement with the schools initial and subsequent evaluations in Kentucky they can request through the school an Independent Education Evaluation (IEE) at the public school’s expense.

Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Regulations
Part 300 / E / 300.502 Independent educational evaluation. (b) (1) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, subject to the conditions in paragraphs (b)(2) through (4) of this section.

Kentucky Administrative Regulations (KAR)
707 KAR 1:340. Procedural safeguards and state complaint procedures. Section 2. Independent Educational Evaluation. (6) A parent shall be entitled to only one (1) independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parents disagree.