This page contains information about the process local school districts must use to request waivers for certain types of circumstances when their special education teachers are operating outside of State requirements. Examples may include issues of certification, membership, and assignments. Additionally, this page contains the requirements concerning students with disabilities who have a shortened school day.
Special Education Waivers
Request to Exceed Caseload
Caseloads are the number of student folders that are assigned to a teacher. This does not mean this teacher cannot provide specially designed instruction to other students. Caseload and class size for special classes are the same. This waiver is to be submitted no later than 30 days after the overage occurs.
Request to Exceed Class Size per Period
This waiver focuses on individual periods not the entire day. Class size and caseloads are the same for special classes. Class size waivers pertain to the number of students a teacher offers specially designed instruction during the class period. This waiver is to be submitted no later than 30 days after the overage occurs.
Total Grade Range
Special education students are expected to receive their special education services on a grade appropriate campus. When a student must attend a campus other than their grade appropriate campus, a grade range waiver must be submitted within 30 days of the change.
Notice of Shortened School Day/Week
Students with disabilities are expected to attend school for the entire school day or week. However, when circumstances warrant, the Admissions and Release Committee (ARC) may determine that the student’s needs require them to attend less than the entire day or week. A shortened school day/week waiver is a notice to the KDE and not a waiver that requires approval from the KDE. Approval of a shortened school day/ week waiver is based on the placement decision between the ARC, a signed physician’s statement, and local board approval KRS 159.030
Program Teacher Waiver (PTA)
A teacher is expected to teach in the area they are certified. When a teacher is assigned to an area in which they are not certified in, a PTA must be submitted. These waivers are processed by the Division of IDEA Monitoring and Results but approved by the Educator’s Professional Standards Board (EPSB). PTA waivers are tied into the LEAD report. Districts that employ teachers of exceptional children who have emergency or probationary certificates are required to document staff development.
Emergency Probation Teacher
Districts that employ teachers of exceptional children who have emergency or probationary certificates are required to document staff development.