AN ACT relating to special education classrooms.

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AN ACT relating to special education classrooms. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 157.200 TO 157.290 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Injury" means physical harm inflicted by another person on a student, 6
teacher, staff member, or other individual; 7
(b) "Self-contained special education classroom": 8
1. Means a public school classroom for students in preschool through 9
grade twelve (12) in which at least half of the students in regular 10
attendance are provided special education services; and 11
2. Includes a calm -down room, sensory room, common area, or room 12
attached to a classroom where special education services are provided; 13
and 14
(c) "Surveillance system" means a video and audio surveillance system that 15
continuously monitors a self -contained special education classroom while 16
students and teachers are present. 17
(2) A public school district shall: 18
(a) Install, maintain, and regularly monitor a surveillance system in every self -19
contained special education classroom in the district that records all areas 20
of each classroom, except that a bathroom or any area in a classroom in 21
which a student's clothes are changed shall not be monitored; 22
(b) Within the first five (5) days of a student's assignment to a self -contained 23
special education classroom, provide the following to the parent of the 24
student: 25
1. Notice of the use of a surveillance sys tem to continuously monitor 26
students, teachers, and staff present in the classroom; 27
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2. A copy of the informational guide published by the Kentucky 1
Department of Education in accordance with subsection (7) of this 2
section; and 3
3. District-specific instruct ions on how to request access to view video 4
and audio surveillance system recordings in accordance with 5
subsection (3) of this section, including the contact information of any 6
school district employee responsible for receiving such requests; and 7
(c) Display clear signage notifying room occupants of the surveillance system. 8
(3) (a) A parent of a student recorded in surveillance system recordings shall be 9
permitted access to view portions of the recordings that feature his or her 10
child in accordance with KRS 160.715. 11
(b) Upon a request from a parent to review a recording that features his or her 12
child, a school district shall maintain the recording and make reasonable 13
and timely effort to redact or segregate the portions of the recording directly 14
related to o ther students, without destroying the meaning of the recording. 15
If redaction or segregation of the recording cannot reasonably be 16
accomplished, or if doing so would destroy the meaning of the recording, 17
then the parents of each student not redacted or segr egated in the recording 18
shall be: 19
1. Sent notice of the fact that another parent has requested lawful access 20
to review those portions of a recording; and 21
2. Permitted access to review those portions of a recording or any other 22
recording the parent would be entitled to review under this subsection. 23
(c) This section shall not be interpreted to limit any rights or protections 24
afforded under 20 U.S.C. sec. 1232g et seq. or KRS 160.700 to 160.730. 25
(4) Surveillance system recordings shall be retained according to the following 26
schedule: 27
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(a) If no parent has requested to review the recording and the recording does 1
not include, or allegedly include, an injury to a student, teacher, staff 2
member, or other individual, for at least one (1) month; 3
(b) If a parent has requested to review an existing recording, until one (1) 4
month from the date the parent is notified of being granted access to review 5
the recordings; and 6
(c) If the district has knowledge that an existing recording includes, or 7
allegedly includes, an inju ry to a student, teacher, staff member, or other 8
individual, until the school district investigation of the injury and any law 9
enforcement action arising from the injury is complete or for two (2) 10
months, whichever is later. 11
(5) If a school district has kn owledge of an injury, or alleged injury, of a student 12
inflicted by a school district employee in a self -contained special education 13
classroom, the school district shall notify the parent of each student in attendance 14
in the self -contained education classro om at the time of the injury or alleged 15
injury. 16
(6) Each local board of education shall adopt a policy to carry out this section. 17
(7) No later than January 1, 2027, the Kentucky Department of Education shall 18
develop and publish an informational guide for p arents to understand and 19
exercise the rights afforded under this section, including instructions on how to 20
request access to video and audio surveillance system recordings and other 21
educational records. 22
(8) A surveillance system installed and operated in a ccordance with this section shall 23
be exempt from consent requirements under KRS Chapter 526. 24
Section 2. KRS 157.200 is amended to read as follows: 25
(1) "Exceptional children and youth" means persons under twenty -one (21) years of 26
age who differ in one (1) or more respects from same -age peers in physical, mental, 27
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learning, emotional, or social characteristics and abilities to such a degree that they 1
need special educational programs or services for them to benefit from the regular 2
or usual facilities or educational programs of the public schools in the districts in 3
which they reside. The Department of Education, through administrative 4
regulations promulgated by the Kentucky Board of Education, shall interpret the 5
statutory definitions of exceptionality. An exceptionality is any trait so defined in 6
this section or by administrative regulations promulgated by the Kentucky Board of 7
Education. Requirements of average daily attendance for exceptional classes shall 8
be regulated by statute, or in the absence of direction by administrative regulations 9
promulgated by the Kentucky Board of Education. Categories of exceptionalities 10
included within, but not limited by, this definition are as follows: 11
(a) "Orthopedic impairment" means a severe physical impairment of bone or 12
muscle which adversely affects educational performance to the extent that 13
specially designed instruction is required for the pupil to benefit from 14
education. The term includes physical i mpairments caused by congenital 15
anomaly, disease, and from other causes; 16
(b) "Other health impaired" means limited strength, vitality, or alertness, 17
including a heightened alertness to environmental stimuli, due to a chronic or 18
acute health problem which a dversely affects educational performance to the 19
extent that specially designed instruction is required for the pupil to benefit 20
from education. Chronic health problems may include, but are not be limited 21
to, a heart condition, tuberculosis, sickle cell ane mia, hemophilia, epilepsy, 22
rheumatic fever, nephritis, asthma, lead poisoning, leukemia, diabetes, 23
attention deficit disorder, attention deficit hyperactive disorder, or acquired 24
immune deficiency syndrome; 25
(c) "Speech or language impairment" means a commu nication disorder such as 26
stuttering, impaired articulation, impaired language, impaired voice, delayed 27
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acquisition of language, or absence of language that adversely affects 1
educational performance to the extent that specially designed instruction is 2
required for the pupil to benefit from education; 3
(d) "Hearing impairment" means a physiological hearing loss: 4
1. Ranging from mild to profound, which is either permanent or 5
fluctuating, and of such a degree that the pupil is impaired in the 6
processing of linguistic information via the auditory channel either with 7
or without amplification; or 8
2. That adversely affects educational performance so that specially 9
designed instruction is required for the child or youth to benefit from 10
education. 11
The term shall include both deaf and hard of hearing children; 12
(e) "Mental disability" means a deficit or delay in intellectual and adaptive 13
behavior functioning, which adversely affects educational performance to the 14
extent that specially designed instruction is required fo r the pupil to benefit 15
from education, and which is typically manifested during the developmental 16
period; 17
(f) "Specific learning disability" means a disorder in one (1) or more of the 18
psychological processes primarily involved in understanding or using spo ken 19
or written language, which selectively and significantly interferes with the 20
acquisition, integration, or application of listening, speaking, reading, writing, 21
reasoning, or mathematical abilities. "Specific learning disability" may 22
include conditions such as dyslexia, dyscalculia, dysgraphia, developmental 23
aphasia, or perceptual motor disabilities. The disorder is lifelong, intrinsic to 24
the individual, and adversely affects educational performance to the extent 25
that specially designed instruction is re quired in order for the pupil to benefit 26
from education. Determination of the existence of a specific learning 27
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disability shall include documentation that a child does not make sufficient 1
progress in meeting age or grade -level content standards when provid ed with 2
appropriate instruction and learning experiences delivered by qualified 3
personnel, including the child's response to scientific, research -based 4
interventions and additional information derived from an individual 5
evaluation. The term does not includ e a learning problem which is primarily 6
the result of: 7
1. A hearing impairment; 8
2. Visual, physical, mental, or emotional-behavioral disabilities; 9
3. Environmental, cultural, or economic differences; or 10
4. Limited English proficiency; 11
(g) "Emotional-behavioral disability" means a condition characterized by 12
behavioral excess or deficit which significantly interferes with a pupil's 13
interpersonal relationships or learning process to the extent that it adversely 14
affects educational performance so that specially designed instruction is 15
required in order for the pupil to benefit from education; 16
(h) "Multiple disability" means a combination of two (2) or more disabilities 17
resulting in significant learning, developmental, or behavioral and emotional 18
problems, which adversely affects educational performance and, therefore, 19
requires specially designed instruction in order for the pupil to benefit from 20
education. A pupil is not considered to have a multiple disability if the 21
adverse effect on educational performance is solely the result of deaf -22
blindness or the result of speech or language disability and one (1) other 23
disabling condition; 24
(i) "Deaf-blind" means auditory and visual impairments, the combination of 25
which creates such severe communication and other developme ntal and 26
learning needs that the pupil cannot be appropriately educated in special 27
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education programs designed solely for pupils with hearing impairments, 1
visual impairments, or severe disabilities, unless supplementary assistance is 2
provided to address educational needs resulting from the two (2) disabilities; 3
(j) "Visually disabled" means a visual impairment, which, even with correction, 4
adversely affects educational performance to the extent that specially 5
designed instruction is required for the pupil t o benefit from education. The 6
term includes both partially seeing and blind pupils; 7
(k) "Developmental delay" means a significant discrepancy between a child's 8
current level of performance in basic skills such as cognition, language or 9
communication, self -help, social -emotional, or fine or gross motor, and the 10
expected level of performance for that age. The term shall be used only with 11
children ages three (3) through eight (8); 12
(l) "Traumatic brain injury" means an acquired impairment to the neurological 13
system resulting from an insult to the brain which adversely affects 14
educational performance and causes temporary or permanent and partial or 15
complete loss of: 16
1. Cognitive functioning; 17
2. Physical ability; or 18
3. Communication or social-behavioral interaction. 19
The term does not include a brain injury that is congenital or degenerative, or 20
a brain injury induced by birth trauma; 21
(m) "Autism" means a developmental disability significantly affecting verbal and 22
nonverbal communication and social interaction, gen erally evident before age 23
three (3), that adversely affects educational performance. Characteristics of 24
autism include: 25
1. Engagement in repetitive activity and stereotyped movement; 26
2. Resistance to environmental change or change in daily routine; and 27
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3. Unusual responses to sensory experience. 1
The term does not include children with characteristics of an emotional -2
behavioral disability; and 3
(n) "Gifted and talented student" means a pupil identified as possessing 4
demonstrated or potential ability to perform at an exceptionally high level in 5
general intellectual aptitude, specific academic aptitude, creative or divergent 6
thinking, psychosocial or leadership skills, or in the visual or performing arts. 7
(2) "Parent" or "parent or guardian" means a parent, legal guardian, person acting 8
as a parent in the absence of a parent or guardian, or other individual or agency 9
responsible for a student. 10
(3) "Special education" means educational instruction and special services designed 11
[specially designed instruction ] to meet the unique needs of an exceptional child or 12
youth. 13
(4)[(3)] "Special educational facilities" means physical facilities designed or adapted 14
to meet the needs of exceptional children and youth, and approved according to 15
regulations promulgated by the Kentucky Board of Education. 16
(5)[(4)] "Related services" means transportation and the developmental, corrective, 17
and other supportive services requ ired to assist an exceptional child or youth to 18
benefit from special education, and may include, but are not limited to, speech -19
language pathology and audiology services; psychological services; physical and 20
occupational therapy; recreation, including ther apeutic recreation; early 21
identification and assessment of disabilities; counseling services, including 22
rehabilitation counseling; orientation and mobility services; medical services for 23
diagnostic or evaluation purposes; school health services; social wor k services in 24
schools; and parent counseling and training. 25
(6)[(5)] "Transition services" means a coordinated set of activities for a pupil designed 26
within an outcome -oriented process, that promotes movement from school to 27
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postschool activities. The term includes: 1
(a) Postsecondary education; 2
(b) Vocational training; and 3
(c) Integrated employment, including supported employment, continuing and 4
adult education, adult services, independent living, or community 5
participation. 6
The coordinated set of activities shall be based on the individual pupil's needs, 7
taking into account the pupil's preferences and interests, and shall include 8
instruction, community experience, the development of employment, and other 9
postschool adult living objectives, and, if appropriat e, acquisition of daily living 10
skills and functional vocational evaluation. 11