707 KAR 1:370. Children with disabilities enrolled in private schools. Section 2. Child Find for Children with Disabilities Enrolled by Their Parents in Private School. (1) An LEA shall locate, identify, and evaluate all private school children with disabilities, including school children attending private, religious schools within the boundaries of the LEA. These activities shall be comparable to the activities to locate, identify, and evaluate children with disabilities in the public schools. An LEA in which private schools are located shall include parentally-placed private school children who attend those schools but reside in a state other than Kentucky in the LEA’s child find activities.
(2) The LEA shall maintain in its records and provide to KDE: (a) The number of children evaluated under this section; (b) The number of children determined to be children with disabilities under this section; and (c) The number of children served under this section.
(3) An LEA shall consult with appropriate representatives of the private schools on how to carry out these activities.
(4) Child find activities shall be completed in a time period comparable to that for other students attending public school in the LEA. An LEA shall not consider the costs, including the cost of individual evaluations incurred by the LEA's child find activities, in meeting its obligation under Section 4(3) of this administrative regulation.
707 KAR 1:370. Children with disabilities enrolled in private schools. Section 5. Consultation. (1) A LEA shall consult in a meaningful and timely fashion with private school representatives, and parents or representatives of parents of parentally-placed school children with disabilities during the design and development of special education and related services regarding the following: (a) The child find process, including how children suspected of having a disability can participate equitably and how parents, teachers, and private school officials will be informed of the process; (b) The determination of the proportionate share of federal funds, including how calculated; (c) How the consultation process will operate throughout the school year to ensure that parentally-placed children with disabilities identified through the child find process can meaningfully participate in special education and related services; (d) How, where, and by whom special education and related services will be provided including:
1. A discussion of the types of services, including direct services and alternate service delivery methods;
2. How special education and related services will be apportioned if funds are not sufficient to serve all parentally placed private school students with disabilities; and
3. How and when those decisions will be made; and (e) How the LEA will provide a written explanation to the private schools of the
reasons why the LEA chose not to provide services directly or through a contract, if the LEA disagrees with the views of the private
(2) When timely and meaningful consultation has occurred, the LEA shall obtain a written affirmation signed by the representatives of the private schools. If a private school does not provide the affirmation within a reasonable period of time, the LEA shall forward the documentation of the consultation process to the KDE.
Section 6. Services Provided. (1) An LEA shall ensure that services provided under a services plan shall be provided by personnel meeting the same standards as personnel providing services in the public school, except private school teachers that provide services under a service plan shall not have to meet the highly-qualified special education teacher requirements of 20 U.S.C. 1401(10).
(2) Private school children with disabilities may receive a different amount of services than children with disabilities in public schools. There shall be no individual right to special education and related services, but the student shall receive the services provided in the service plan in light of the services the LEA has determined to provide.
(3) A private school child with a disability who has been designated to receive services shall have a services plan that describes the specific special education or related services that the LEA will provide in light of the services the LEA has determined to provide private school children with disabilities through the process in Section 5 of this administrative regulation.
(4) The services plan shall, to the extent appropriate: (a) Meet the requirements of an IEP under 707 KAR 1:320 with respect to the services provided; and (b) Be developed, reviewed, and revised consistent with the requirements to develop, review, and revise IEPs.
(5) Services delivered through a service plan shall be provided by: (a) Employees of the LEA; or (b) Through a contract with the LEA.
(6) Special education and related services provided through a service plan shall be secular, neutral, and non-ideological.