Kansas Administrative Code

Ancillary FAPE requirements. (a) Each agency shall ensure that children with disabilities have available to them the same vari- ety of educational programs and services that are available to nondisabled children served by the agency, including art, music, industrial arts, con- su…

Expedited due process hear- ings. (a) If an expedited due process hearing is requested under the provisions of K.S.A. 72-992 or 72-993 and amendments thereto, the agency responsible for providing the hearing shall imme- diately notify the state board of the request and the parent…

Educational placement during proceedings. (a) Except as otherwise provided in K.S.A. 72-993 and amendments thereto and this regulation, during the pendency of any special education due process or judicial proceeding, the child’s educational placement shall be determined in accord…

Change in placement for disci- plinary reasons; definitions. As used in K.A.R. 91-40-33 through 91-40-38, the following terms shallhavethemeaningsspecifiedinthisregulation: (a) (1) The phrase “change in placement for disciplinary reasons” means that school personnel or a special …

Short-term suspensions and interim placements; suspension of gifted children. (a) As authorized by K.S.A. 72-8902(a) and amendments thereto, school personnel may imposeoneormoreshort-termsuspensionsupon a child with a disability during a school year for violations of any school r…

Services required during sus- pensions or interim alternative educational placements. (a) An agency shall not be required to provide special education or related services to a child with a disability who has been suspended from school for 10 or fewer school days during any school…

Determination of services for children with disabilities suspended from school or placed in interim alternative edu- cational settings. (a) If a child with a disability is properly suspended from school for more than 10 611 Special Education 91-40-41 cumulative school days in any…

(Authorized by K.S.A. 2000 Supp. 72-963; implementing K.S.A. 2000 Supp. 72-991; effective May 19, 2000; amended May 4, 2001; re- voked March 21, 2008.)

Manifestation determination; appeal. (a) If an agency proposes to make a change in educational placement for disciplinary reasons, the agency shall implement the provi- sions of K.S.A. 72-991a and amendments thereto. (b) An agency may conduct the manifestation determination at th…

(Authorized by K.S.A. 1999 Supp. 72-963; implementing K.S.A. 1999 Supp. 72-994; effective May 19, 2000; revoked March 21, 2008.)

FAPE for exceptional children housed and maintained in certain state in- stitutions. (a) Subject to K.S.A. 72-1046 and amendments thereto, each state agency shall pro- vide FAPE to exceptional children housed and maintained at any facility operated by the agency. All educational …

Private school placement by parents to obtain FAPE. (a) (1) If the par- ent of an exceptional child who previously was receiving special education and related services from an agency enrolls the child, without the consent of or referral by the agency, in a private preschool or a …

Child find and count of chil- dren with disabilities enrolled in private schools; determination of children to receive services. (a) Child find activities. (1) Each board, in accordance with K.A.R. 91- 40-7, shall locate, identify, and evaluate all chil- dren with disabilities wh…

Consultation. (a) Each board shall engage in timely and meaningful consulta- tion with representatives of private schools locat- ed in the school district and representatives of parents of children with disabilities enrolled in those private schools before making determina- tions…

Services to private school chil- dren. (a) Consistent with the number and location of private school children in the school district, each board shall provide special education and related services to this group of children in accor- dance with K.A.R. 91-40-43 through 91-40-48. E…

Allocation and expenditure of federal funds; reports. (a) To meet the re- quirement of K.A.R. 91-40-43(a), each board shall allocate, for expenditure in providing special edu- cation and related services to private school chil- dren, the amounts specified below. (1) For private s…

Services plan or IEP. (a) Each board shall develop and implement a services plan for each private school child who meets both of the following criteria: (1) The child is a member of the group of pri- vate school children that has been designated to receive special education and r…

Mediation and due process rights of private school children. (a)(1) The parent of a private school child may request me- diation or initiate a due process hearing as autho- rized under this article, if the parent believes that a board has failed to properly identify and evalu- at…

Transportation for exceptional children enrolled in private schools. (a) Ex- cept as otherwise provided in this regulation, each board, to the extent necessary for an exceptional child to benefit from, or to participate in, special education and related services provided to the c…

Use of funds and equipment. (a) Subject to subsection (d), an agency may use state and federal funds to make personnel avail- able at locations other than at its facilities to the extent necessary to provide special education and related services to exceptional children enrolled …

FAPE for detained or incarcer- ated children with disabilities. (a) Local deten- tion facilities. (1) Subject to the provisions of K.S.A. 72-1046 and amendments thereto, each board shall pro- vide FAPE to each child with a disability detained or incarcerated in a local juvenile o…

Parental access to student rec- ords; confidentiality. (a) As used in this regula- tion, the following terms shall have the meanings specified in this subsection: (1) “Destruction” means physically destroying the medium on which information is recorded or removing all personal id…

Filing complaints with the state department of education. (a) Any per- son or organization may file a written, signed complaint alleging that an agency has violated a state or federal special education law or reg- ulation. Also, a prevailing party in a due process hearing may fil…

School district eligibility for funding; facilities. (a) (1) To be eligible to re- ceive state and federal funding, each board shall submit to the state board documentation that the board has policies, procedures, and programs in effect to achieve compliance with the special edu-…

Resolution of interagency agreement disputes. (a) If a dispute arises under an interagency agreement entered into under K.S.A. 72-966 and amendments thereto, the parties to the dispute shall resolve the matter under either of the procedures specified in this regulation. (b)(1) Pa…

Child find. (a) Each board shall adopt and implement policies and procedures to identify, locate, and evaluate all children with ex- ceptionalities residing in its jurisdiction, including children with exceptionalities who meet any of the following criteria: (1) Attend private sc…

Evaluations. (a) Each agency shall ensure that a full and individual evaluation is conducted for each child being considered for special education and related services. Each evaluation shall include procedures to determine the following: (1)Whetherthechildisanexceptionalchild;and…

Evaluation procedures. (a) If assessment instruments are used as a part of the evaluation or reevaluation of an exceptional child, the agency shall ensure that the following require- ments are met: (1) The assessment instruments or materials shall meet the following criteria: (A)…

Definitions. (a) “Board” means any local board of education. (b) “Certificated” or “licensed” means holding a valid certificate or license issued by the state board. (c) “Continuous assistance” means ongoing, structured, and unstructured contact throughout the school year. (d) “K…

General requirements. (a) Each board making application for a grant of state mon- eys for a mentor teacher program shall submit a completed application to the state board on or be- fore August 1 of the school year. (b) Each board receiving state funds for a men- tor teacher progr…

Criteria for evaluating appli- cations and approving mentor teacher pro- grams. Each board applying for approval of a mentor teacher program shall submit an appli- cation containing the following statements and descriptions: (a) A statement of the district’s pur- pose or purposes…

Criteria for determining ex- emplary teaching ability for qualification as a mentor teacher. In determining whether a teacher has demonstrated exemplary teach- ing ability for qualification as a mentor teacher, each board shall consider the following criteria: (a) Professional co…

Definitions. As used in this article, each of the following terms shall have the mean- ing specified in this regulation: (a) “Administrative review” means review by the state board upon re- quest of a parent. (b) “Chemical restraint” means the use of medi- cation to control a stu…

Standards for the use of emer- gency safety interventions. (a) An emergency safety intervention shall be used only when a stu- dent presents a reasonable and immediate danger of physical harm to the student or others with the present ability to effect such physical harm. Less res…

District policy; training; local board dispute resolution. (a) Each district shall develop and implement written policies to govern the use of emergency safety interventions over all schools. At a minimum, written district policies shall conform to the standards, definitions, and…

Parent notification; required meeting; filing a complaint. (a) When an emer- gency safety intervention is used with a student, the school shall notify the parent the same day the emergency safety intervention was used. The school shall attempt to contact the parent using at least…

Administrative review. (a) Any parent who filed a written complaint with a local board regarding the use of emergency safety inter- vention may request an administrative review by the state board of the local board’s final decision. (b) Each parent seeking administrative review s…

Exemptions. (a) As used in this regulation, each of the following terms shall have the meaning specified in this subsection: (1) “Appointing authority” means a person or group of persons empowered by statute to make human resource decisions that affect the employ- ment of officer…

Reporting. (a) Each district shall report information from all incidents of emergen- cy safety interventions that the department deems necessary to the department by the date and in the form specified by the department. (b) The department shall compile reports from schools on the…

Definitions. (a) “Approved pro- gram” means an approved driver education pro- gram or approved motorcycle safety program. (b) “Driver education program” means a course designed to teach students the components of ba- sic automobile operation, including rules of the road and safet…

(Authorized by K.S.A. 72-7514; ef- fectiveJan.1,1966;amendedJan.1,1970;amend- ed, E-74-3, Oct. 5, 1973; amended May 1, 1976; amended May 1, 1978; amended May 1, 1979; amended May 1, 1980; revoked Dec. 18, 1998.)

(Authorized by K.S.A. 72-7514; effective Jan. 1, 1966; amended Jan. 1, 1970; amended, E-74-3, Oct. 5, 1973; amended Jan. 1, 1974; amended, E-76-12, Jan. 23, 1975; amend- ed May 1, 1976; amended May 1, 1978; amended May 1, 1979; amended May 1, 1980; revoked Dec. 18, 1998.)

(Authorized by K.S.A. 72-7514; effective Jan. 1, 1966; amended Jan. 1, 1970; amended, E-74-3, Oct. 5, 1973; amended May 1, 1976;revokedMay1,1978;revokedMay1,1979.)

Reports. Schools participating in state reimbursement programs for driver educa- tion shall submit evidence of student completion of an approved program using the format provided by the state board and other information necessary for state approval of the program. Reports shall b…

Motorcycle instruction. (a)(1) Motorcycle instruction shall be offered only to students who are 15 years of age or older and ei- ther have completed an approved course in driver education or hold a valid motor vehicle operator’s license. Each course shall include a minimum of 20 …

Program approval. (a) To be eli- gible for program approval, a school shall be ac- credited by the state board as a public secondary school, nonpublic secondary school, or communi- ty college. Each school shall make application to the state board for approval of its driver educat…

(AuthorizedbyK.S.A.72-7514;imple- menting K.S.A. 8-272 and 72-7513; effective Jan. 1, 1966; amended Jan. 1, 1970; amended, E-74-3, Oct. 5, 1973; amended May 1, 1976; amended May 1, 1978; amended May 1, 1979; amended May 1, 1980; amended May 1, 1982; amended Aug. 31, 1992; revoked…

Qualifications of instructors. (a) Each instructor of an approved driver education program shall have the following: (1)(A) a valid teacher certificate with an en- dorsement in driver education; or (B) subject to the provisions of subsection (b), a valid substitute teacher certif…

Reimbursement. On and after Sep- tember 1, 1998, annual reimbursement shall be based on the number of eligible students who have completed the requirements of an approved program during the preceding 12 months. Distri- bution of funds shall be made on or before No- vember 1 of ea…

(Authorized by K.S.A. 72-115; effec- tive Jan. 1, 1966; amended, E-74-3, Oct. 5, 1973; revoked May 1, 1976.)