As you are aware, Kentucky’s special education regulations were revised in December 2007 to incorporate new requirements from the 2004 IDEA Reauthorization. Training on one of the regulatory changes (707 KAR 1:300) was recently provided by KDE to several Regional Training Centers’ Leadership meetings for preschool coordinators. This regulation deals with child find and referral of children for special education services. The new provisions require that prior to, or as a part of the referral process, the child is to be provided appropriate, relevant research-based instruction and intervention services in regular education settings. The instruction/interventions are to be provided by qualified personnel.
During the training, KDE provided some options to consider in order to meet this requirement, including the standard for qualified personnel. After further study, KDE has made mid-course revisions and clarifications of this information. The following decisions have been made:
• The local district will determine and identify what is appropriate research-based instruction/interventions.
• The local school district will determine "qualified personnel" in regard to preschool.
This clarification is also being provided to allay concern that districts have to bring children in and then dismiss them from the school setting. As with the other items above, each local district is to determine in what manner interventions are to be documented.
However, as a word of caution, Kentucky’s federal special education funds are threatened and our data is being greatly scrutinized because of our apparent over-identification of students with disabilities in the preschool program. We have over 60 percent of our students so identified and that is about four times what is expected or within incidence rates. This continues to be a concern that KDE must address. During the 2008-2009 school year, the current funding formula for the state preschool program will be reviewed. A stakeholder group will be asked to review the current preschool funding formula and make recommendations regarding needed revisions. The desired outcome will be to design a funding formula that will provide the allocated funds to the local school district that does not promote the over-identification of students with disabilities.
Additional information will be provided to you as developments occur. Please contact Annette Bridges mailto:Annette.Bridges@education.ky.gov, Paula Goff mailto:Paula.Goff@education.ky.gov or Larry Taylor mailto:Larry.Taylor@education.ky.gov if you have questions.