The council also repealed 704 KAR 7:120 in order to permit the creation of the new regulation. Mandated by KRS 156.004, the council meets to review any proposed administrative regulations and educational policies before they go before the Kentucky Board of Education.
HB 458 was signed by Gov. Andy Beshear last year and addressed local school district concerns relating to home and hospital instruction. This included which health professionals are authorized to sign an application for home and hospital instruction, specifically when it comes to mental health reasons. Other concerns centered around who decides home and hospital instruction placement for students with Individualized Education Programs (IEPs) and the requirement that a teacher must be present in person to administer home and hospital instruction.
The bill addressed these concerns by enlarging the pool of people who could sign a home and hospital application to include those authorized to diagnose mental health concerns, such as a physician assistant or nurse practitioner with mental health training. HB 458 also clarifies that decisions on placement in home and hospital instruction for students with IEPs are made by the Admission and Release Committee (ARC) and allows for electronic delivery of instruction.
The new regulation, 702 KAR 7:150, was created in order to align with the changes made through HB 458. Updates to the regulation include clarification that ARC controls placement of students with an IEP, and allows attendance to be counted for students in home and hospital instruction retroactively to the date recommended by the medical professional completing the application, which the previous regulation did not allow for.
Tim Bobrowski, superintendent of Owsley County Schools, expressed his support for the updates and shared that he received home and hospital instruction when he was diagnosed with Type 1 diabetes in high school.
“These changes are worthwhile and timely,” said Bobrowski.
The next LSAC meeting will take place on July 27.