Part 130. Procedural Requirements and Program Standards

6 CAR § 130-1001. Purpose. The purpose of this subpart is to ensure that an impartial due process hearing is conducted in the manner prescribed by the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 – 1487, and the corresponding federal regulations at 34 C.F.R. pt.…

6 CAR § 130-1002. Definitions. As used in this subpart: (1) “Business day” means Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of business day, as in 34 C.F.R. § 300.148(d)(1)(ii); (2) “Day” means a cale…

6 CAR § 130-1003. Hearings generally — Subject matter. (a) A parent or public agency may file a due process complaint on any of the matters described in 34 C.F.R. § 300.503(a)(1) and (2) and 6 CAR § 130-904(a) relating to the: (1) Identification, evaluation, or educational placem…

6 CAR § 130-1004. Hearings generally — Subject matter for expedited hearings — Timelines for request. (a) If a parent disagrees with a determination that a child’s behavior was not a manifestation of the child’s disability or with any decision regarding placement of the child dur…

6 CAR § 130-1005. Hearings generally — Notification procedures. The following are the procedures to be followed when the parents or public agency officials make it known that they wish to initiate a due process hearing: (1)(A) The hearing request is placed in writing by the reque…

6 CAR § 130-1006. Hearings generally — Parent notice of legal services. When the parent or public agency initiates a hearing under these procedures, or when a parent requests information regarding representation, the public agency shall inform the parent of any free or low-cost l…

6 CAR § 130-1007. Hearings generally — Content of complaint. The party filing a due process hearing request must provide the following information: (1) The name of the child; (2) The residential address of the child; (3) The name of the school the child is attending; (4) A descri…

6 CAR § 130-1008. Hearings generally — Public agency responsibilities. The public agency as a party to a due process hearing must: (1) Complete the Due Process Hearing Information form; (2) Provide access to all education records, reports, and files regarding the child to parents…

6 CAR § 130-1009. Hearings generally — State education agency responsibilities. It shall be the responsibility of the state education agency to: (1)(A) Arrange for the date, time, and location of the hearing and assign a hearing officer to conduct the hearing. (B) The hearing sha…

6 CAR § 130-101. Purpose. The purposes of this part are to: (1) Ensure that all children with disabilities in the State of Arkansas have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique need…

6 CAR § 130-1010. Sufficiency of complaint. (a) The due process complaint required by this section must be deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within fifteen (15) days of receipt of th…

6 CAR § 130-1011. Resolution process. (a) Resolution meeting. (1) Within fifteen (15) days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing under 34 C.F.R. § 300.511 and 6 CAR § 130-1004(c), the LEA must convene a mee…

6 CAR § 130-1012. Hearings generally — Notification of availability of mediation — Mediation consultation. (a) General. The state education agency has established and implements the following procedures to allow parties to disputes involving any matter under this part to resolve …

6 CAR § 130-1013. Hearings generally — Hearing rights. (a) Any party to a hearing under these procedures has the right to: (1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities; (…

6 CAR § 130-1014. Hearings generally — Parental rights at hearings. (a) Parents involved in hearings must be given the right to: (1) Have the child who is the subject of the hearing present; and (2) Open the hearing to the public. (b) The record of the hearing, findings of fact, …

6 CAR § 130-1015. Hearings generally — Publication of findings. The Department of Education, after deleting any personally identifiable information, must: (1) Transmit the findings and decisions of the hearing officer to the Advisory Council for the Education of Children with Dis…

6 CAR § 130-1016. Timelines of hearing. (a) The Department of Education shall ensure that not later than forty-five (45) days after the expiration of the thirty-day period under 34 C.F.R. § 300.510(b) and 6 CAR § 130-1011(b), or the adjusted time periods described under 34 C.F.R.…

6 CAR § 130-1017. Extension of timelines. (a)(1) In general, a hearing officer may grant specific extensions of time beyond forty-five (45) days at the request of either party to the hearing. (2) Extensions of time may be granted for good cause shown. (b) No extension of time sha…

6 CAR § 130-1018. Timelines for expedited hearings. (a)(1) The SEA is responsible for arranging the expedited due process hearing, which must occur within twenty (20) school days of the date the complaint requesting the hearing is filed. (2) The hearing officer must make a determ…

6 CAR § 130-1019. Impartial hearing officer. (a) A hearing must not be conducted by: (1) A person who is an employee of the state education agency or of the local education agency that is involved in the education or care of the child; or (2) Any person having a personal or profe…

6 CAR § 130-102. Applicability. The applicability of this part to state, local, and private agencies is as follows: (1) This part applies to all public agencies providing education to children with disabilities; (2) For public agencies within the state, the provisions of this par…

6 CAR § 130-1020. Authority of hearing officer. (a) A hearing officer has jurisdiction to rule on any matter that pertains to the: (1) Identification, evaluation, or educational placement of a child with a disability; and (2) Provision of a free appropriate public education to th…

6 CAR § 130-1021. Disclosure by the hearing officer. (a)(1) The hearing officer shall disclose all personal or professional activities or relationships involving any party to the hearing. (2) The hearing officer also shall disclose: (A) Personal or professional activities or rela…

6 CAR § 130-1022. Conflict of interest. (a) The hearing officer shall disqualify himself or herself from presiding over any case: (1) In which he or she has a personal or professional interest; and (2) That might conflict with the hearing officer’s objectivity in the hearing. (b)…

6 CAR § 130-1023. Disqualification of hearing officers — Impartiality at issue. (a)(1) It shall be the responsibility of the state education agency to ensure that the hearing officer assigned to a particular hearing is unbiased. (2) The public agency, the parent or parents, or th…

6 CAR § 130-1024. Impartiality — Ex parte communications. (a) The hearing officer shall conduct the hearing in a manner that demonstrates fairness to all parties. (b) No hearing officer shall engage in ex parte communications with any party during any stage of the hearing process…

6 CAR § 130-1025. Discovery. (a) Prehearing discovery shall be limited to the: (1) Production of documentary evidence; and (2) Disclosure of the names, addresses, and telephone numbers of witnesses. (b) The hearing officer shall not grant any request for depositions or interrogat…

6 CAR § 130-1026. Prehearing conference. (a) The hearing officer may order a prehearing conference to determine the relevant issues to the hearing and to address evidentiary matters, including, but not limited to, the: (1) Relevance of documentary evidence; (2) Relevance of testi…

6 CAR § 130-1027. Prehearing briefs. (a) The hearing officer may require the parties to a hearing to submit prehearing briefs stating the issues to be addressed and the arguments to be presented in the hearing. (b) Prehearing briefs shall be submitted to the hearing officer not l…

6 CAR § 130-1028. Conduct of the hearing — Issues to be addressed. (a) Whenever a due process complaint is received under 34 C.F.R. § 300.507 or § 300.532, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing. (b)(1) Pursuan…

6 CAR § 130-1029. Conduct of the hearing — Burden of proof — Opening statements. (a) At the beginning of the hearing, the hearing officer shall determine which party bears the burden of proof in regard to the particular issues raised. (b) The decision to allow opening statements …

6 CAR § 130-1030. Conduct of the hearing — Length of presentation. A hearing officer may limit the length of any presentation in order to proceed with the hearing in an expeditious manner.

6 CAR § 130-1031. Conduct of the hearing — Closing arguments — Post-hearing. (a)(1) At the conclusion of the presentation of the evidence, the hearing officer may allow each party to the hearing to present closing arguments. (2) Closing arguments by any party shall not exceed thi…

6 CAR § 130-1032. Conduct of the hearing — Evidence generally. (a) The Arkansas Rules of Evidence shall not be strictly applied to impartial due process hearings except as otherwise noted herein. (b) Evidence and testimony shall be excluded if it: (1) Is documentary evidence and …

6 CAR § 130-1033. Conduct of the hearing — Documentary evidence. (a)(1) Prior to the date of the hearing, the parties to the hearing shall meet for the purpose of reviewing the documentary evidence to be submitted by each party at the hearing. (2) The documentary evidence should …

6 CAR § 130-1034. Conduct of hearing — Use of sworn affidavits. (a) If no party to the hearing objects, the testimony of witnesses, including expert witnesses, may be presented through the use of sworn affidavits. (b) A witness, including an expert witness, who has testified by s…

6 CAR § 130-1035. Conduct of the hearing — Proffer of evidence. (a) Any party to a hearing may submit a written proffer of evidence for the purpose of preserving any issue for appeal. (b) A proffer of evidence shall contain: (1) A statement of the evidence and testimony that woul…

6 CAR § 130-1036. Hearing decisions. (a) After the presentation of the evidence and, if allowed, closing arguments of the parties, the hearing officer shall rule orally on issues, if any, for which the hearing officer has reached a decision. (b) Within the timeline for regular an…

6 CAR § 130-1037. Hearing decisions — Expedited hearings. (a) After the closing arguments of the parties, the hearing officer shall rule orally on all issues properly presented in the expedited hearing. (b) Within ten (10) school days after the conclusion of the expedited hearing…

6 CAR § 130-1038. Hearing decisions — Finality of decision. (a) Any party aggrieved by the findings and decision made under 34 C.F.R. §§ 300.507 – 300.513 or 34 C.F.R. §§ 300.530 – 300.534 who does not have the right to an appeal under 34 C.F.R. § 300.514(b), and any party aggrie…

6 CAR § 130-1039. Time limitation. The party bringing the action shall have ninety (90) days from the date of the decision of the hearing officer to file a civil action.

6 CAR § 130-1040. Additional requirements. In any action brought under this subpart the court: (1) Receives the records of the administrative proceedings; (2) Hears additional evidence at the request of a party; and (3) Basing its decision on the preponderance of the evidence, gr…

6 CAR § 130-1041. Jurisdiction of district courts. The district courts of the United States have jurisdiction of actions brought under Section 615 of the act without regard to the amount in controversy.

6 CAR § 130-1042. Rule of construction. Nothing in this part restricts or limits the rights, procedures, and remedies available under the United States Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other federal laws prot…

6 CAR § 130-1043. Child’s status during proceedings. (a) Status during hearings on any of the matters relating to the identification, evaluation, or educational placement of a child with a disability or the provision of FAPE to the child. (1) Except as provided for in 34 C.F.R. §…

6 CAR § 130-1101. Change of placement because of disciplinary removals. For purposes of removals of a child with a disability from the child's current educational placement under 34 C.F.R. §§ 300.530 – 300.535, a change of placement occurs if the: (1) Removal is for more than ten…

6 CAR § 130-1102. Services. (a) A child with a disability who is removed from the child's current placement pursuant to this section must: (1) Continue to receive educational services, as provided in 34 C.F.R. § 300.101(a), so as to enable the child to continue to: (A) Participat…

6 CAR § 130-1103. Authority of LEA/public agency personnel. (a) Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is ap…

6 CAR § 130-1104. Determination of setting. (a) The child's IEP team determines the interim alternative education setting for services under 34 C.F.R. § 300.530(c), (d)(5), and (g). (b)(1) The parent of a child with a disability who disagrees with any decision regarding placement…

6 CAR § 130-1105. Manifestation determination. (a) Within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child's IEP team (as determine…