AN ACT relating to class sizes for exceptional children and youth.

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AN ACT relating to class sizes for exceptional children and youth. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 157.220 is amended to read as follows: 3
(1) The Department of Education is hereby designated as the agency for cooperation 4
with the state and federal government agencies, the nonpublic school programs and 5
local scho ols of Kentucky in carrying out the provisions of KRS 157.200 to 6
157.290[157.280]. 7
(2) The Kentucky Board of Education shall promulgate[make] necessary 8
administrative[rules and] regulations in accordance[keeping] with[ the provisions 9
of] KRS 157.200 to 157.290[157.280 for their proper administration], including but 10
not limited to establishment of classes, eligibility and admission of pupils, [ the] 11
curriculum, class size and caseload limitations in accordance with subsection (3) 12
of this section, housing, special equipment, and instructional supplies. 13
(3) In providing special education services for the exceptional children and youth 14
specified in subsection (3)(a) to (m) of Section 2 of this Act: 15
(a) The maximum class size for special classes for students with the following 16
conditions shall be limited to: 17
1. Eight (8) students with autism; 18
2. Ten (10) students with a developmental delay; 19
3. Eight (8) students with an emotional-behavioral disability; 20
4. Ten (10) students with a functional mental disability; 21
5. Six (6) students with a hearing impairment; 22
6. Fifteen (15) students with a mild mental disability; 23
7. Ten (10) students with multiple disabilities; 24
8. Sixteen (16) students with an orthopedic impairment; 25
9. Sixteen (16) students with an other health impairment; 26
10. Ten (10) students in kindergarten to grade five (5) and fifteen (15) 27
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students in grades six (6) to twelve (12) with a specific learning 1
disability; and 2
11. Ten (10) students with a visual disability; 3
(b) The maximum caseloads for teachers of special classes shall be as follows: 4
1. Fifteen (15) students with autism; 5
2. Fifteen (15) students with a developmental delay; 6
3. Fifteen (15) students with an emotional-behavioral disability; 7
4. Ten (10) students with a functional mental disability; 8
5. Eight (8) students with a hearing impairment; 9
6. Fifteen (15) students in kindergarten to grade five (5) and twenty (20) 10
students in grades six (6) to twelve (12) with a mild mental disability; 11
7. Ten (10) students with multiple disabilities; 12
8. Twenty (20) students with an orthopedic impairment; 13
9. Twenty (20) students with an other health impairment; 14
10. Fifteen (15) students in kindergarten to grade five (5) and twenty (20) 15
students in grades six (6) to twelve (12) with a specific learning 16
disability; and 17
11. Ten (10) students with a visual disability; 18
(c) For speech-language pathologists the caseload limitations in KRS 334A.190 19
shall apply; 20
(d) Special classes containing more than one (1) disability c ategory shall use 21
the category of the majority of students in the class to determine the 22
maximum class size established in paragraph (a) of this subsection; 23
(e) Two (2) students above the maximum class size established in paragraph (a) 24
of this subsection may be added to a class if a paraprofessional is present; 25
(f) If a teacher of exceptional children and youth provides services through the 26
collaborative model, the maximum caseload shall not exceed twenty (20) 27
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students in grades six (6) to twelve (12) and f ifteen (15) students in 1
kindergarten to grade five (5); 2
(g) If a teacher of exceptional children provides services through a 3
combination of collaboration and special classes, the maximum caseload 4
shall not exceed those established in paragraph (b) of this subsection; 5
(h) Teachers of special classes who are a ssigned student records of more than 6
one (1) disability category shall use the category of the majority of students 7
on the caseload to determine the maximum caseload established in 8
paragraph (b) of this subsection; and 9
(i) State preschool caseload and clas s size maximums shall be maintained 10
pursuant to Section 4 of this Act. 11
(4)[(2)] The Department of Education is authorized to receive contributions and 12
donations that may be made to carry out [ the provisions and requirements of] KRS 13
157.200 to 157.290[157.280]. 14
(5)[(3)] Local supervision of special educational facilities for exceptional children and 15
youth shall be approved by the Department of Education according to 16
administrative[rules and] regulations promulgated[approved] by the Kentucky 17
Board of Education. 18
Section 2. KRS 157.200 is amended to read as follows: 19
As used in KRS 157.200 to 157.290: 20
(1) "Admissions and release committee" or "ARC" means a group of individuals 21
that is responsible for developing, reviewing, or r evising an individualized 22
education program for an exceptional child or youth; 23
(2) "Caseload" means the number of exceptional children and youth assigned to a 24
teacher of exceptional children and youth for the purpose of overseeing the 25
management of individ ualized specially designed instruction and related services 26
as required by the individualized education program; 27
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(3) "Exceptional children and youth" means persons under twenty -one (21) years of 1
age who differ in one (1) or more respects from same -age peers in physical, mental, 2
learning, emotional, or social characteristics and abilities to such a degree that they 3
need special educational programs or services for them to benefit from the regular 4
or usual facilities or educational programs of the public scho ols in the districts in 5
which they reside. The Department of Education, through administrative 6
regulations promulgated by the Kentucky Board of Education, shall interpret the 7
statutory definitions of exceptionality. An exceptionality is any trait so define d in 8
this section or by administrative regulations promulgated by the Kentucky Board of 9
Education. Requirements of average daily attendance for exceptional classes shall 10
be regulated by statute, or in the absence of direction by administrative regulations 11
promulgated by the Kentucky Board of Education. Categories of exceptionalities 12
included within, but not limited by, this definition are as follows: 13
(a) "Orthopedic impairment" means a severe physical impairment of bone or 14
muscle which adversely affects edu cational performance to the extent that 15
specially designed instruction is required for the pupil to benefit from 16
education. The term includes physical impairments caused by congenital 17
anomaly, disease, and from other causes; 18
(b) "Other health impairment[impaired]" means limited strength, vitality, or 19
alertness, including a heightened alertness to environmental stimuli, due to a 20
chronic or acute health problem which adversely affects educational 21
performance to the extent that specially designed instruction i s required for 22
the pupil to benefit from education. Chronic health problems may include, but 23
are not be limited to, a heart condition, tuberculosis, sickle cell anemia, 24
hemophilia, epilepsy, rheumatic fever, nephritis, asthma, lead poisoning, 25
leukemia, dia betes, attention deficit disorder, attention deficit hyperactive 26
disorder, or acquired immune deficiency syndrome; 27
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(c) "Speech or language impairment" means a communication disorder such as 1
stuttering, impaired articulation, impaired language, impaired voi ce, delayed 2
acquisition of language, or absence of language that adversely affects 3
educational performance to the extent that specially designed instruction is 4
required for the pupil to benefit from education; 5
(d) "Hearing impairment" means a physiological hearing loss: 6
1. Ranging from mild to profound, which is either permanent or 7
fluctuating, and of such a degree that the pupil is impaired in the 8
processing of linguistic information via the auditory channel either with 9
or without amplification; or 10
2. That adversely affects educational performance so that specially 11
designed instruction is required for the child or youth to benefit from 12
education. 13
The term shall include both deaf and hard of hearing children; 14
(e) "Mental disability" means a deficit or delay in intellectual and adaptive 15
behavior functioning, which adversely affects educational performance to the 16
extent that specially designed instruction is required for the pupil to benefit 17
from education, and which is typically manifested during the developm ental 18
period; 19
(f) "Specific learning disability" means a disorder in one (1) or more of the 20
psychological processes primarily involved in understanding or using spoken 21
or written language, which selectively and significantly interferes with the 22
acquisition, integration, or application of listening, speaking, reading, writing, 23
reasoning, or mathematical abilities. "Specific learning disability" may 24
include conditions such as dyslexia, dyscalculia, dysgraphia, developmental 25
aphasia, or perceptual motor disabi lities. The disorder is lifelong, intrinsic to 26
the individual, and adversely affects educational performance to the extent 27
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that specially designed instruction is required in order for the pupil to benefit 1
from education. Determination of the existence of a specific learning 2
disability shall include documentation that a child does not make sufficient 3
progress in meeting age or grade -level content standards when provided with 4
appropriate instruction and learning experiences delivered by qualified 5
personnel, i ncluding the child's response to scientific, research -based 6
interventions and additional information derived from an individual 7
evaluation. The term does not include a learning problem which is primarily 8
the result of: 9
1. A hearing impairment; 10
2. Visual, physical, mental, or emotional-behavioral disabilities; 11
3. Environmental, cultural, or economic differences; or 12
4. Limited English proficiency; 13
(g) "Emotional-behavioral disability" means a condition characterized by 14
behavioral excess or deficit which signi ficantly interferes with a pupil's 15
interpersonal relationships or learning process to the extent that it adversely 16
affects educational performance so that specially designed instruction is 17
required in order for the pupil to benefit from education; 18
(h) "Multiple disability" means a combination of two (2) or more disabilities 19
resulting in significant learning, developmental, or behavioral and emotional 20
problems, which adversely affects educational performance and, therefore, 21
requires specially designed instru ction in order for the pupil to benefit from 22
education. A pupil is not considered to have a multiple disability if the 23
adverse effect on educational performance is solely the result of deaf -24
blindness or the result of speech or language disability and one ( 1) other 25
disabling condition; 26
(i) "Deaf-blind" means auditory and visual impairments, the combination of 27
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which creates such severe communication and other developmental and 1
learning needs that the pupil cannot be appropriately educated in special 2
education programs designed solely for pupils with hearing impairments, 3
visual impairments, or severe disabilities, unless supplementary assistance is 4
provided to address educational needs resulting from the two (2) disabilities; 5
(j) "Visually disabled" means a vis ual impairment, which, even with correction, 6
adversely affects educational performance to the extent that specially 7
designed instruction is required for the pupil to benefit from education. The 8
term includes both partially seeing and blind pupils; 9
(k) "Developmental delay" means a significant discrepancy between a child's 10
current level of performance in basic skills such as cognition, language or 11
communication, self -help, social -emotional, or fine or gross motor, and the 12
expected level of performance fo r that age. The term shall be used only with 13
children ages three (3) through eight (8); 14
(l) "Traumatic brain injury" means an acquired impairment to the neurological 15
system resulting from an insult to the brain which adversely affects 16
educational performan ce and causes temporary or permanent and partial or 17
complete loss of: 18
1. Cognitive functioning; 19
2. Physical ability; or 20
3. Communication or social-behavioral interaction. 21
The term does not include a brain injury that is congenital or degenerative, or 22
a brain injury induced by birth trauma; 23
(m) "Autism" means a developmental disability significantly affecting verbal and 24
nonverbal communication and social interaction, generally evident before age 25
three (3), that adversely affects educational performance. Cha racteristics of 26
autism include: 27
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1. Engagement in repetitive activity and stereotyped movement; 1
2. Resistance to environmental change or change in daily routine; and 2
3. Unusual responses to sensory experience. 3
The term does not include children with charac teristics of an emotional -4
behavioral disability; and 5
(n) "Gifted and talented student" means a pupil identified as possessing 6
demonstrated or potential ability to perform at an exceptionally high level in 7
general intellectual aptitude, specific academic ap titude, creative or divergent 8
thinking, psychosocial or leadership skills, or in the visual or performing 9
arts;[. 10
(2) "Special education" means specially design ed instruction to meet the unique needs 11
of an exceptional child or youth. 12
(3) "Special educational facilities" means physical facilities designed or adapted to 13
meet the needs of exceptional children and youth, and approved according to 14
regulations promulgated by the Kentucky Board of Education.] 15
(4) "Related services" means transportation and the developmental, corrective, and 16
other supportive services required to assist an exceptional child or youth to benefit 17
from special education, and may include, but a re not limited to, speech -language 18
pathology and audiology services; psychological services; physical and 19
occupational therapy; recreation, including therapeutic recreation; early 20
identification and assessment of disabilities; counseling services, includin g 21
rehabilitation counseling; orientation and mobility services; medical services for 22
diagnostic or evaluation purposes; school health services; social work services in 23
schools; and parent counseling and training;[.] 24
(5) "Special classes" means specially eq uipped and staffed classes in which an 25
exceptional child or youth, individually or in small groups, spends part of his or 26
her day receiving specially designed instruction or related services as determined 27
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by the ARC; 1
(6) "Special education" means specially designed instruction to meet the unique 2
needs of an exceptional child or youth; 3
(7) "Special educational facilities" means physical facilities designed or adapted to 4
meet the needs of exceptional children and youth, and approved according to 5
administrative regulations promulgated by the Kentucky Board of Education; and 6
(8)[(5)] "Transition services" means a coordinated set of activities for a pupil designed 7
within an outcome -oriented process, that promotes movement from school to 8
postschool activities. The term includes: 9
(a) Postsecondary education; 10
(b) Vocational training; and 11
(c) Integrated employment, including supported employment, continuing and 12
adult education, adult services, independent living, or community 13
participation. 14
The coordinated set of act ivities shall be based on the individual pupil's needs, 15
taking into account the pupil's preferences and interests, and shall include 16
instruction, community experience, the development of employment, and other 17
postschool adult living objectives, and, if app ropriate, acquisition of daily living 18
skills and functional vocational evaluation. 19
Section 3. KRS 157.230 is amended to read as follows: 20
School boards of any school district subject to [ the provisions of] KRS 157.200 to 21
157.290[157.280], shall establish and maintain special educational programs for 22
exceptional children and youth who are residents of their school district, or contract for 23
programs as may be authorized by KRS 157.280. 24
Section 4. KRS 157.3175 is amended to read as follows: 25
(1) Each local school district shall ensure that a developmentally appropriate half -day 26
preschool education program is provided for each child who is at risk of educational 27
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failure and who is four (4) years of age[: 1
(a) By October 1, for any year prior to 2017; or 2
(b) ] by August 1[, for 2017 or any year thereafter]. 3
All other four (4) year old children shall be served to the extent placements are 4
available. The Kentucky Board of Education, upon the recommendation of the chief 5
state school officer, shall adopt administrative regulations establishing the 6
guidelines for the program. Administrative regulations shall establish eligibility 7
criteria, program guidelines, and standards for personnel. 8
(2) "Developmentally appropriate preschool program" means a program w hich focuses 9
on the physical, intellectual, social, and emotional development of young children. 10
The preschool program shall help children with their interpersonal and socialization 11
skills. 12
(3) Funds appropriated by the General Assembly for the preschool e ducation programs 13
shall be granted to local school districts according to a grant allotment system 14
approved by the Kentucky Board of Education. Children who are at risk shall be 15
identified based on the Federal School Lunch Program eligibility criteria for free 16
lunch. Appropriations shall be separate from all other funds appropriated to the 17
Department of Education and shall be administered in accordance with applicable 18
federal and state statutes and administrative regulations. Eligible local school 19
districts shall receive funds based on the average number of preschool children 20
being served on December 1 and March 1 of the prior academic year who are 21
appropriately identified as: 22
(a) Three (3) and four (4) years of age with disabilities; and 23
(b) Four (4) years of age identified as at risk of educational failure. 24
Local school districts may develop cooperative arrangements with other school 25
districts or organizations in accordance with KRS 157.280. 26
(4) A child shall be eligible for a free and appropriate preschoo l education and related 27
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services if: 1
(a) 1. The child has been identified as a child with a disability in accordance 2
with the Individuals with Disabilities Education Act, 20 U.S.C. 3
sec.[secs.] 1400 et seq.; or 4
2. The child has been identified in accordance with the definitions and 5
procedures for exceptional children and youth in accordance with KRS 6
157.200(3)[(1)](a) to (m); and 7
(b) The child is three (3) or four (4) years of age[: 8
1. By October 1, for any year before 2017; or 9
2. ] by August 1[, for 2017 or any year thereafter]. 10
(5) The chief state school officer shall receive and review proposals from local school 11
districts for grants to operate or oversee the operation of developmentally 12
appropriate preschool education programs. Districts may submit propos als for 13
implementing new services, enhancing existing preschool education services, or 14
contracting for services. In designing a local early childhood education program, 15
each district shall work with existing preschool programs to avoid duplication of 16
programs and services, to avoid supplanting federal funds, and to maximize Head 17
Start funds in order to serve as many four (4) year old children as possible. 18
(6) Each program proposal shall include, at a minimum: 19
(a) A description of the process conducted by th e district to ensure that the 20
parents or guardians of all eligible participants have been made aware of the 21
program and of their right to participate; 22
(b) A description of the planned educational programming and related services; 23
(c) The estimated number of children participating in the program; 24
(d) Strategies for involving children with disabilities; 25
(e) Estimated ratio of staff to children with the maximum being one (1) adult for 26
each ten (10) children; 27
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(f) The estimated percentage of children participati ng in the program who are at 1
risk of educational failure; 2
(g) Information on the training and qualifications of program staff and 3
documentation that the staff meet required standards; 4
(h) A budget and per-child expenditure estimate; 5
(i) A plan to facilitate active parental involvement in the preschool program, 6
including provisions for complementary parent education when appropriate; 7
(j) Facilities and equipment which are appropriate for young children; 8
(k) The days of the week and hours of a day during which the program shall 9
operate; 10
(l) A plan for coordinating the program with existing medical and social services, 11
including a child development and health screening component; 12
(m) Assurances that participants shall receive breakfast or lunch; 13
(n) Program sites which meet state and local licensure requirements; 14
(o) A plan for coordinating program philosophy and activities with the local 15
district's primary school program; 16
(p) An evaluation component; and 17
(q) Certification from the local Head Start director that the Head Start program is 18
fully utilized pursuant to subsection (4) of this section. 19
(7) If the superintendent and local Head Start director are unable to reach an agreement 20
on whether a Head Start program is fully utilized, the superintendent or local Head 21
Start director shall notify the chief state school officer. The local Head Start director 22
shall provide the chief state school officer all information relevant to the utilization 23
of the Head Start program. Within thirty (30) days of notification from the 24
superintendent or local Head Start director, the chief state school officer shall make 25
a determination of whether a Head Start program is fully utilized and may execute 26
the certification required by subsection (6)(q) of this section on behalf of the local 27
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Head Start director. 1
(8) Programs shall reflect an equitable geographic distribution representative of all 2
areas of the Commonwealth. 3
Section 5. KRS 159.990 is amended to read as follows: 4
(1) Any parent, guardian, or custodian who intentionally fails to comply with the 5
requirements of KRS 159.010 to 159.170, except as provided in subsection (5) of 6
this section, shall be fined one hundred dollars ($100) for the first offense, and two 7
hundred fifty dollars ($250) for the second offense. Each subsequent offense shall 8
be classified as a Class B misdemeanor. A new offense shall not be constituted until 9
any previous offense has been finally adjudicated. The c ourt trying the case may 10
suspend enforcement of the fine if the child is immediately placed in attendance at a 11
school, and may finally remit the fine if the attendance continues regularly for the 12
full school term. School attendance may be proved by an atte sted certificate of the 13
principal or teacher in charge of the school. 14
(2) Any principal, teacher, director of pupil personnel, assistant director of pupil 15
personnel, or other school officer who intentionally fails to comply with the 16
provisions of KRS 159.0 10 to 159.250, or of KRS 160.330 shall be fined not less 17
than twenty-five dollars ($25) nor more than fifty dollars ($50). Upon conviction 18
under this subsection, a director of pupil personnel or assistant director of pupil 19
personnel shall be removed from o ffice and have his certificate revoked, and a 20
principal, teacher, or other school officer may have his certificate revoked. 21
(3) Any person, other than those persons mentioned in subsections (1) and (2) of this 22
section, who fails to comply with any of the p rovisions of this chapter relating to 23
compulsory attendance, or who violates any of the provisions of KRS 159.130, 24
shall be fined not less than fifty dollars ($50) nor more than two hundred dollars 25
($200), or imprisoned in the county jail for not more than sixty (60) days, or both. 26
(4) Any person who violates any of the provisions of KRS 159.270 shall be liable to a 27
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fine of not less than fifty dollars ($50) and shall be liable to the punishment 1
prescribed by law for the crime of false swearing. If he is an officer, he shall be 2
removed from office; and if he is a director of pupil personnel, his certificate shall 3
be revoked. 4
(5) Any of the following who intentionally fails to comply with the requirements of 5
KRS 159.150 shall be fined one hundred dollars ($100) for the first offense and two 6
hundred fifty dollars ($250) for each subsequent offense: 7
(a) A student enrolled in a public school who has attained the age of eighteen (18) 8
years, but who has not yet reached his or her twenty-first birthday, for whom a 9
guardian has not been appointed by a court of competent jurisdiction, whether 10
or not that student is identified as an exceptional child or youth under KRS 11
157.200(3)[(1)](a) to (m); 12
(b) A parent, guardian, or custodian of a student enrolled in a public schoo l who 13
has not reached his or her eighteenth birthday; or 14
(c) A guardian appointed by a court of competent jurisdiction of a student who is 15
enrolled in a public school, has been identified as an exceptional child or 16
youth under KRS 157.200 (3)[(1)](a) to (m) , and has attained the age of 17
eighteen (18) years, but who has not yet reached his or her twenty -first 18
birthday. 19
Any person described in paragraph (a), (b), or (c) of this subsection shall be 20
informed by personnel of the local school district that a publi c school student who 21
has not reached his or her twenty-first birthday shall be subject to truancy laws. 22
(6) All fines imposed and all sums required to be paid as penalties under this section 23
shall, after payment of the costs of prosecution and recovery the reof, be paid into 24
the treasury of the district board of education and become a part of the school fund 25
of the district. 26