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Key Takeaways

  • Kentucky allows homeschoolers to access district special education services by filing a “Declaration of Participation” annually by May 1
  • Once filed, your child becomes eligible for evaluation and IEP development through the district’s ARC (Admissions and Release Committee)
  • You maintain homeschool status while accessing services; your child is not a traditional public school student
  • Services available include evaluation, IEP development, therapy (speech, occupational, physical), and resource support—all funded by the district
  • If you withdraw from public school to homeschool, any existing IEP ends unless you file the Declaration form

Understanding Kentucky’s Dual-Service Model

Kentucky law creates a unique option: homeschoolers can access district-funded special education services while remaining in private school (homeschool) status.

This is different from most states, where you’re either fully public (receiving all services) or fully private (receiving none). Kentucky splits it.

How It Works

Step 1: File Declaration of Participation — By May 1 each spring, submit a “Declaration of Participation” form to your local school district. This form signals that you want your child evaluated and potentially receive special education services.

Step 2: District Evaluation — The district reviews your child’s current services (if any), academic history, and current functioning. If the child isn’t previously identified, the district may conduct evaluation to determine eligibility for special education.

Step 3: ARC Meeting — If your child qualifies, the district convenes an ARC (Admissions and Release Committee) meeting. This is Kentucky’s equivalent to an IEP team. The ARC includes:

  • District special education coordinator
  • Classroom teacher (your homeschool teaching, if you’ve provided documentation)
  • Parent(s)
  • School psychologist or evaluation specialist
  • Other specialists as relevant (speech pathologist, occupational therapist, etc.)

Step 4: IEP Development — The ARC develops an Individualized Education Program specifying:

  • The child’s disability category and current level of performance
  • Annual goals (academic and functional)
  • Services to be provided (type, frequency, location)
  • Testing accommodations and modifications
  • Monitoring and progress reporting schedule

Step 5: Service Delivery — Services begin. For homeschoolers, this typically means:

  • Pullout services (therapies, resource teacher time) at a district location
  • Consultation with parents on classroom accommodations
  • Regular progress monitoring and communication

The Declaration of Participation: When and Why

The Declaration is the key document. Without it, you maintain complete homeschool autonomy but zero access to district services.

Timeline

File by May 1 of each school year. This timing allows the district to process the paperwork, conduct evaluation if needed, and convene an ARC meeting before the new school year begins.

If you miss the May 1 deadline, you can still file, but services may not begin until the following school year or mid-year, depending on district capacity.

Who Should File?

File the Declaration if your child:

  • Has a diagnosed disability and currently receives services (IEP, 504 plan, or private therapy)
  • Has suspected learning disability, speech delay, or developmental delay needing evaluation
  • Needs occupational therapy, physical therapy, or counseling funded by the district
  • Would benefit from resource teacher support in specific academic areas
  • Has an IEP from previous public school enrollment you want to maintain or modify for homeschool

Do NOT file if:

  • Your child has no identified disability or special needs
  • You’re managing accommodations independently through curriculum choices and teaching methods
  • You prefer complete educational privacy and autonomy
  • Your child’s needs are being met through private services you’re funding independently

What Happens If You Don’t File After Having an IEP?

This is critical: if your child had an IEP in public school and you withdraw to homeschool without filing the Declaration, the IEP ends. Immediately. The district has no obligation to provide services.

Some families want this—complete break from public school bureaucracy. Others regret it when therapy services end.

Think carefully before withdrawing. You can always file the Declaration the following spring and re-apply for services, but there’s a gap.

The ARC Process in Kentucky

Pre-Meeting Preparation

Before the ARC meeting, provide documentation:

  • Curriculum currently being used (names, publishers, dates)
  • Samples of your child’s work (writing, problem-solving, projects)
  • Attendance records
  • Notes on how your child is learning (strengths, challenges, accommodations you’ve tried)
  • Any external testing (standardized tests, evaluations, therapy reports from private providers)

This helps the ARC understand your child’s current functioning and what’s working.

The ARC Meeting Itself

The ARC meeting is collaborative. You’re expected to participate actively.

Key discussion points:

  1. Disability category: Is your child eligible under IDEA categories (specific learning disability, emotional/behavioral disorder, speech/language impairment, autism, intellectual disability, other health impairment, etc.)?
  1. Current level of performance: What can your child do? What’s challenging? What does testing show?
  1. Annual goals: What should your child achieve in the next 12 months? Goals should be specific, measurable, and realistic. Examples:
  • “Maria will increase reading fluency from 45 to 80 words per minute on grade-level text”
  • “Thomas will complete 3-step math word problems with 80% accuracy”
  1. Services: What specific services will the district provide?
  • Speech-language pathology (how often, how long)
  • Occupational therapy (how often, how long)
  • Resource teaching (how often, how long, what academic focus)
  • Counseling (how often, how long)
  1. Location: Will services happen at a district building, at your home, or through hybrid arrangements?
  1. Testing accommodations: What accommodations should your child have if you use standardized testing? Extended time, separate setting, large print, scribe, other?
  1. Monitoring and reporting: How will the district track progress? Monthly check-ins? Quarterly progress reports? Annual review?

Your role: Ask questions. Advocate for your vision. If you disagree with the ARC’s recommendations, you have dispute resolution options (see below).

Documenting the IEP

The IEP is a legal document. The district provides a copy. Keep it. You’ll reference it constantly.

Services Available to Kentucky Homeschoolers with IEPs

Speech-Language Pathology

One of the most commonly requested services. Many speech-language pathologists working for school districts provide services to homeschoolers.

Typical arrangement: your child meets with the SLP 1-2 times per week for 30-60 minutes. The SLP works on specific goals (articulation, language development, fluency, pragmatic language skills).

Occupational Therapy

Addresses fine motor skills, sensory processing, daily living skills, and school-related tasks (handwriting, organization, etc.).

Common for children with autism, sensory processing disorder, dysgraphia, or fine motor delays.

Physical Therapy

Addresses gross motor skills, mobility, balance, and movement disorders. Less common for homeschoolers but available if needed.

Resource Teacher Support

A special education teacher provides direct instruction, consultation, or collaboration on academic goals (reading, math, writing, test-taking strategies, etc.).

For homeschoolers, this often looks like:

  • Monthly or bi-weekly consultation between teacher and parent
  • Guidance on specific strategies to teach a concept
  • Monitoring of progress on academic goals
  • Not direct “classroom” instruction (you’re still the teacher), but coaching and guidance

Counseling and Behavioral Support

If your child has emotional/behavioral needs, the district may provide counseling services.

For homeschoolers, this is typically indirect: the counselor may consult with you on behavior strategies, work with your child periodically, or provide referrals to outside services.

Evaluation and Assessment

The district will evaluate your child to determine eligibility and inform IEP development. This might include:

  • Cognitive/IQ testing
  • Standardized academic achievement testing
  • Speech-language evaluation
  • Occupational or physical therapy evaluation
  • Behavioral/emotional assessment
  • Classroom observation and work samples

These evaluations are free to you (district-funded) and become part of your child’s special education record.

Accommodations vs. Modifications in Your Homeschool

Once you have an IEP, you’re responsible for implementing accommodations in your homeschool instruction.

Accommodations

Accommodations change HOW your child accesses the curriculum, not WHAT they learn. Examples:

  • Extended time on tests or assignments
  • Oral testing instead of written
  • Use of assistive technology (text-to-speech, speech-to-text)
  • Separate, quiet workspace
  • Frequent breaks
  • Large print materials
  • Simplified instructions with visual supports
  • Use of notes, calculator, or reference materials during assessments

You implement these in your teaching. The IEP specifies which accommodations your child receives.

Modifications

Modifications change WHAT your child learns. They alter curriculum expectations. Examples:

  • Different math curriculum (fewer concepts, simpler problems)
  • Simplified reading materials
  • Reduced homework load
  • Alternative assessments aligned to modified standards

Modifications are less common for homeschoolers (partly because you’re already individualizing curriculum), but they’re available if your child needs them.

Record-Keeping with an IEP

With an IEP, maintain:

  1. IEP document: Keep the signed IEP. File it where you can access it quickly.
  1. Progress monitoring records: The IEP specifies how progress will be monitored. Keep documentation of that monitoring. Examples:
  • Reading fluency data (weekly or monthly measurement)
  • Math problem-solving records
  • Writing samples
  • Behavior tracking data
  • Therapy notes (from your collaborating SLP, OT, etc.)
  1. ARC meeting notes: Keep notes from each ARC meeting, including what was discussed and what decisions were made.
  1. Communication log: Email or written summaries of conversations with district personnel (especially about concerns, changes, or disagreements).
  1. Standard homeschool documentation: Attendance records, curriculum materials used, evidence of required subjects and progress.

The district will request some of this documentation. Keep organized records.

Dispute Resolution: What If You Disagree?

If you disagree with the ARC’s eligibility determination, service recommendations, or other IEP decisions, you have options:

Informal Resolution

First step: talk with the ARC coordinator or special education director. Many disagreements resolve through conversation.

Mediation

Request mediation (free, provided by the state). A neutral mediator helps you and the district negotiate a resolution. No formal hearing, more collaborative.

Due Process Hearing

If mediation fails, request a due process hearing before a hearing officer. You present your case, the district presents theirs. The hearing officer decides. This is formal and adversarial.

Support: Contact KY-SPIN (1-800-525-7746, kyspin.com) for free parent advocacy, guidance on dispute resolution, and help understanding your rights.

When to End the Declaration

You file the Declaration annually. If you no longer want district services, simply don’t refile the following May.

Your district will likely reach out to confirm. Confirm that you’re withdrawing from the Declaration. Services end. Your child remains a homeschooler. You can refile anytime a future spring if circumstances change.

Common Questions About Kentucky Homeschool IEPs

Q: If I have an IEP, am I still a homeschooler legally? A: Yes. You’re a private school student (homeschool) who receives special education services from the district. You’re not a public school student.

Q: Can I keep my child’s previous IEP if we just transition to homeschool? A: Only if you file the Declaration of Participation. Without the Declaration, the IEP ends.

Q: Do I have to follow the IEP exactly? A: Yes. The IEP is a legal contract between you and the district. You’re required to implement the accommodations and modifications specified.

Q: What if the district can’t provide a service I want (like intensive reading intervention)? A: The district provides services to the extent possible with available staff and resources. If they can’t provide something, you can fund private services independently. The IEP documents what the district will provide.

Q: Can my child participate in school activities even though they’re homeschooled? A: Not through their IEP status. But some Kentucky school districts allow homeschoolers to participate in extracurricular activities or athletics with separate enrollment. Ask your district about their policy.

Resources

  • KY-SPIN: 1-800-525-7746, kyspin.com. Free parent advocacy and training on special education rights.
  • Kentucky Department of Education, Special Education Services: Contact information through your local district.
  • Kentucky Protection & Advocacy: Legal advocacy for families in special education disputes.
  • Wrightslaw.com: Comprehensive special education law resource (national but relevant to Kentucky).

The Bottom Line

Kentucky’s Declaration of Participation system is a powerful option for homeschoolers with special needs. You get homeschool freedom and district-funded services—a combination most states don’t allow.

Decide carefully whether you need it. If you do, file on time, prepare well for ARC meetings, document your implementation, and use resources like KY-SPIN if you hit conflicts.

Your IEP is a tool for your child’s success. Use it strategically.

Next Steps

  1. Determine whether your child has documented special needs requiring IEP services
  2. If yes, obtain the Declaration of Participation form from your school district by March or April
  3. File by May 1 with your local school district
  4. Prepare documentation for the ARC meeting (curriculum, work samples, current performance)
  5. Attend ARC meeting and advocate for services matching your child’s needs