Kentucky State Senator Julie Raque Adams, District 36
AGO OAG 17-21
No. OAG 17-021
Kentucky Attorney General Opinions
Commonwealth of Kentucky Office of the Attorney General
September 22, 2017
Subject:
Whether Craft Academy and Gatton Academy are required to
comply with the Individuals with Disabilities Education Act
and implement a free and appropriate public education for its
students with disabilities.
Requested
by: Kentucky State Senator Julie Raque Adams, District
36
Written
by: Taylor Payne, Assistant Attorney General
Syllabus:
Gatton Academy and Craft Academy must comply with the
Individuals with Disabilities Education Act.
Statutes
construed: 20 U.S.C. § 1400; 20 U.S.C. § 1412;
34 CFR § 300.101 (b)(1)(H); 34 CFR § 300.2(b)(1);
34 CFR § 300.36; 707 KAR 1:002; 707 KAR 1:290; KRS
164.7874; KRS 164.002
OPINION OF THE ATTORNEY GENERAL
Kentucky
State Senator Julie Raque Adams, Senate District 36, has
requested an opinion of this office to address whether Craft
Academy (Craft) and Gatton Academy (Gatton) are required to
comply with the Individuals with Disabilities Education Act
(IDEA), 20 U.S.C. §§ 1400-1482. This office
requested and received input on this issue from the Kentucky
Department of Education (KDE). This office also received
input from JackBeNimble, a nonprofit organization
representing students, educators and families of children
with disabilities that will be impacted by charter school
regulations. Upon consideration of this input, we advise that
Gatton and Craft are required to comply with IDEA.
IDEA
seeks to ensure that all children with disabilities have
available to them a free and appropriate public education
(FAPE) tailored to meet their unique needs and prepare them
for the future. 20 U.S.C. § 1400 (d)(1)(A). To
accomplish this goal, IDEA provides states with federal
funding if the state submits a plan to the Secretary of the
United States Department of Education that provides
assurances that it has policies and procedures to guarantee,
among other things, that a free and appropriate education
(FAPE) is available...
