RELATES TO: KRS 160.290, 202A.011, 314.011
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.033 requires the
Kentucky Board of Education to promulgate administrative regulations
establishing the components of home or hospital instruction. KRS 156.070
requires the Kentucky Board of Education to establish policy or act on all
matters relating to the administrative responsibility of the Department of
Education. KRS 156.160 requires the Kentucky Board of Education to promulgate
administrative regulations establishing standards which school districts shall
meet in student, program, service, and operational performance. KRS 159.030
provides exemptions from compulsory attendance for students whose physical or
mental condition prevents or renders inadvisable attendance at school or
application to study. This administrative regulation establishes minimum
requirements for home or hospital instruction programs.
(1) A local board of education shall
establish home or hospital instructional programs for students pursuant to KRS 158.033 and the criteria contained in this administrative regulation.
(2) A local board of education shall
establish a local board policy setting forth parameters for the operation of
home or hospital instructional programs.
A student referred for home or hospital
instruction and not in attendance at school shall not be counted for attendance
purposes prior to the date recommended by an eligible health care provider on
an approved application or for students with disabilities, the date determined
by the Admissions and Release Committee (ARC) as defined in 707 KAR 1:002
(4) Home or hospital
instruction shall be used only for a student for whom there is an expectation
of an inability to attend regular school for more than five (5) consecutive
For students with
disabilities, the ARC shall be responsible for placement decisions regarding
home or hospital instruction in accordance with the Individuals with
Disabilities Education Act, 20 U.S.C. secs. 1400
et. seq and 707 KAR 1:350
(6) The ARC chairperson
shall provide written notice of eligibility and documentation to the local
Director of Pupil Personnel (DPP) for purposes of program enrollment using the
Notice of Home or Hospital Instruction Placement by Admissions and Release
Committee (ARC) Form.
Home or Hospital Review Committee.
(1) A local board of education shall
establish a Home or Hospital Review Committee (Review Committee). The Review
Committee shall accept and review applications to determine student eligibility
for home or hospital services.
The Review Committee shall consist of a local director of pupil personnel, a
home or hospital teacher, a home or hospital instructional program director,
medical or mental health personnel, and may consist of other professionals
relevant to the application being reviewed.
(3) The condition of pregnancy shall not be
considered a physical or health impairment in and of itself, and the nature and
extent of any complication shall be delineated prior to consideration of home
or hospital instruction for this condition.
(4) Except as provided by subsection (5) of
this section, eligibility for home or hospital instruction shall cease, for
students placed by the Review Committee if the student works, plays sports or
participates in extracurricular activities.
For students with a 504 plan pursuant to
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C., § 794
eligibility for home or hospital instruction shall not cease if the student
works, plays sports or participates in extracurricular activities if
participation in work, sports or extracurricular activities is consistent with
the student's 504 plan.
Placement for Students on Home or Hospital Instruction.
(1) Pursuant to its authority established in
KRS 160.290, a local board of education shall implement referral and placement
procedures in accordance with local board policy for students with temporary
conditions, including fractures, surgical recuperation, or other physical,
health, or mental conditions.
student with a recurring condition, which results in periods in which the need
for home or hospital instruction is intermittent and the student is able to
attend school for short periods, may be exited and reentered on home or
hospital instruction, and the following shall apply:
(a) Initial approval by the Review Committee
shall be required;
(b) The Review
Committee shall review the need for an alternative schedule of services based
on verification by the professional statement in the application for home or
hospital instruction of the need for intermittent services;
(c) If a health professional who completed
the initial application for a student to be served on home or hospital
determines the student needs additional time for services, the health
professional shall submit a written statement, either mailed or faxed, to the
Director of Pupil Personnel, requesting additional time up to two (2) weeks for
services and provide a brief explanation for the extension;
(d) The Review Committee shall meet to review
this extension and either approve or deny the request for an extension, prior
to provision of any extended services;
(e) The Review Committee shall review
intermittent placement at least every six (6) months, and at that time a
statement from a second professional, shall be required by the Review Committee
for continued program eligibility; and
(f) The parent or guardian shall notify the
principal or Director of Pupil Personnel prior to the need for school reentry
or to exit to home or hospital instruction.
Home or Hospital Instruction
(1) Instructional sessions shall be
delivered by a certified teacher. Instructional sessions may be delivered in
person, electronically, or telephonically. If the instruction is other than in
person, the district shall ensure the instruction is meaningful and require the
certified teacher to directly contact the student during instructional
(2) When a home or
hospital instruction teacher is physically present in the home or hospital, a
parent, guardian, medical professional, assigned hospital staff member or an
adult authorized by the parent or guardian shall be present in the home or
hospital room during the time of instruction.
(3) A home or hospital instruction teacher
shall complete a visitation and planning schedule on a weekly basis. This
schedule shall include specific times for instruction, travel, planning and
conferences. A copy of this schedule shall be on file in the central
(4) Attendance records and
services descriptions shall be maintained and summarized on an annual basis on
the Home/Hospital Program Form for submission to the department at the end of
each school year.
(5) The school's
records of daily attendance and the teacher's monthly attendance reports shall
be maintained and summarized on a monthly basis as to home and hospital
(6) Pursuant to its
authority established in KRS 160.290, a local board of education shall develop
timelines for determination of continuing student eligibility for home or
hospital instruction. The Review Committee shall schedule a review of continued
student eligibility for home or hospital instruction at any time based on
changes in the student's condition.
(7) A teacher serving students on home
instruction shall not exceed a caseload of twelve (12) students. A teacher
serving students on hospital instruction shall not exceed a caseload of fifteen
(15) students. For a teacher serving a combination of home and hospital
students, the caseload maximum shall be determined by the setting in which the
majority of his students are served.
Incorporation by Reference.
The following material is incorporated by
(a) "Application for Home or
Hospital Instruction", June 2021; and
(b) "Notice of Home or Hospital Instruction
Placement by Admissions and Release Committee (ARC) Form", June 2021.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Kentucky Department of Education, Office of Finance and Operations, 300 Sower
Building, Frankfort, Kentucky, Monday through Friday, 8:00 a.m. to 4:30