In 2024, the Kentucky Department of Education received the highest possible rating for its special education system. This rating is based on the Commonwealth’s ability to meet the requirements of the Individuals with Disabilities Education Act (IDEA), which is the federal law that governs special education laws and funding. Kentucky has all the necessary policies and procedures in place that IDEA requires, and the state systems are designed to align with federal government laws.  

Although this rating shows that Kentucky has necessary policies in place, it is hard to determine if every child within the state is receiving the best possible education.

When talking to parents of children with disabilities, they will often share frustration with local schools on the implementation of their children’s Individual Education Plan (IEP). An IEP is an education plan developed specifically for that child, based on the developmental needs of the child and the supports needed for his or her disability. 

How is it possible for the state as a whole to receive such accolades on the state’s programs and yet, parents still feel frustrated? Some things to consider:

  • When parents are struggling with their local schools to implement their children’s IEPs, are those concerns making their way to the state level? Does the Kentucky Department of Education often hear about the concerns of children and families?
  • If parents are frustrated, do they fully understand their rights in the special education process? The school district will email the parents a flyer about their rights, but do parents understand that information (due to acronyms or technical language) or is that information accessible when families are frustrated, not just at the time of an official meeting?
  • Do general education teachers have the time, training, and resources they need to make sure that each child’s accommodations are met?

Parental Rights regarding their Child’s IEP

If parents have concerns, it is important that they understand their rights when representing their children.

  1. All families can request an Admissions and Release Committee (ARC) meeting at any time. This is the committee that requests an evaluation for an IEP and later writes the IEP. If a child already has an IEP in place and the family doesn’t feel like it is meeting the child’s needs, then the family can request a new meeting to update the IEP.
  2. Families have a right to contribute to the goals that are placed in the child’s IEP, so family members should share any questions or concerns during ARC meetings. There are specialists at the meeting that will contribute information about IEP goals, but it is important for family members to remember that they are the specialist about their child.
  3. Families have the right to second opinion by having the child evaluated by an outside specialist. This information must be taken into account if the family’s specialist has a differing diagnosis to the school psychologist.
  4. Families have a right to bring others with them to the ARC meetings. This could be someone to help the family members advocate for the child and help the parents understand their rights in the meeting.
  5. Parents have the right to appeal if they do not agree with the decision of the ARC committee.
  6. Parents have the right to a Due Process hearing if the child is not getting the education that he or she needs. Parents can also file a complaint to the state Department of Education if the school district can not resolve the problem.

Key Points to Remember

What is most important for families to remember is that all children are guaranteed a Free and Appropriate Public Education (FAPE). This means that the education must be appropriate for the needs of the child, so accommodations must be made if the child needs them.  

The other key factor is to remember that the child is guaranteed to be educated in the Least Restrictive Environment (LRE). Any child with special needs should spend as much time as possible in the general education classroom, and the student should only be educated in a special education classroom when it is a necessary accommodation.  

Becoming Your Child’s Advocate 

When parents have a concern about their child’s IEP, it is important to start a discussion with the classroom teachers. If the concern is not resolved, then the next step may be to call for an ARC meeting in order to ask for changes to make sure that the IEP is meeting the child’s needs. This can be done by contacting your local school leaders, such as a principal or guidance counselor.  

By partnering with our local schools and viewing them as partners in educating the unique needs of students with IEPs, you can become your child’s advocate.