HB 383 (2026 Session, Kentucky) – Summary
Overview and purpose
- This act aims to improve educational access and continuity for students who are children of military families.
- It establishes streamlined enrollment, timely educational services, and smoother transitions for these students when a parent/guardian is transferred to or returns from military duty within Kentucky.
- The bill aligns school district processes with the unique circumstances of military relocations, ensuring minimal disruption to the child’s education, especially for students with special education or 504 plans.
Key provisions and changes
1) Pre-enrollment and enrollment relief for military families (KRS 159.075)
- A child of a military family may pre-enroll or participate in preadmission in a Kentucky school district if:
- The parent/guardian is transferred to or pending transfer to a military installation or reserve component in-state on active duty, or
- The parent/guardian is returning to Kentucky within one year of an honorable discharge or similar discharge.
- Enrollment and course registration may be completed electronically; in-person appearance by the parent/guardian is not required.
- Districts must arrange comparable services prior to the child’s arrival if the child has an IEP or Section 504 plan:
- Prompt transfer of records and prior evaluations
- Determination of the need for reevaluation (to occur within 30 days after arrival, with parent/guardian consent)
- Meetings to ensure plan compliance
- Districts must provide all applicable services regardless of the enrollment date if the child was not enrolled at the start of the school year.
- Proof of residence must be provided within 10 days of arrival, with acceptable proofs including military orders, on-post housing, off-post military housing, or homes under construction.
- If temporary housing is used, students may enroll and attend the district even if residence is not yet available, and will be counted for average daily attendance for up to one year from the reporting-for-duty or separation date.
2) Early childhood special education provisions (KRS 200.664) – Sections 1 and 2
- Establishes parallel requirements for infants/toddlers with disabilities and their families who are military-related, including:
- Creation of a multidisciplinary team and an individualized family service plan (IFSP)
- Timelines: IFSP development within 45 days of referral; interim IFSP if delays occur
- Informed parental consent required; parents can reject services in part or whole
- Active parent participation and periodic review (every 6 months; annual evaluation)
- For military families, steps to ensure comparable services prior to arrival, including prompt transfer of records, reevaluation as needed (within 30 days after arrival), and meetings to ensure plan compliance
- Efforts to minimize in-person requirements for documentation and meetings when possible
- Protections to ensure compliance with federal laws (IDEA and Section 504) are preserved, and the new state provisions do not override these federal requirements.
Impact and who is affected
- Targeted beneficiaries: students who are children of military personnel relocating to or returning to Kentucky.
- School districts: required to adopt electronic enrollment processes, accept unofficial records when necessary, and coordinate timely service transfers for IEP/504 and IFSP plans.
- Families: reduced administrative barriers, faster access to education services, and temporary relocation protections affecting attendance and funding status.
Timeline and implementation notes
- The bill sets specific timelines for record transfer, reevaluation decisions (30 days after arrival), and IFSP/IEP adoption (within 30–45 days after arrival or referral) while allowing interim arrangements if delays are justified.
- Provisions specify that military family students should be treated as resident for attendance counting and accountability purposes after enrollment, with a one-year grace period in some circumstances.
