Part 130. Procedural Requirements and Program Standards

6 CAR § 130-402. Content of referral. Along with the information provided in the Referral Form, any information that may assist in determining whether or not a child is a child with a disability should be submitted, including, but not limited to: (1) The results of hearing and vi…

6 CAR § 130-403. Notice of referral conference. (a) Within seven (7) calendar days of the date the local educational agency receives the written referral, the local educational agency must schedule a referral conference at a time and place agreed upon by the parent or parents and…

6 CAR § 130-404. Referral conference. (a) If a child is referred to the local educational agency pursuant to 6 CAR § 130-401, a referral conference must be held for the purpose of: (1) Reviewing all existing information related to the child; and (2) Determining the actions to be …

6 CAR § 130-405. Temporary placement during evaluation. (a) If a referral conference results in a decision to evaluate a child, and existing data and educational observations establish the need for immediate intervention or differential diagnostic data gathering, the local educat…

6 CAR § 130-406. Consent to evaluate. (a)(1) The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under 34 C.F.R. § 300.8 must, after providing notice consistent with 34 C.F.R. §§ 300.503 and 300.504, obtain i…

6 CAR § 130-501. Provision of FAPE. (a) The State of Arkansas must ensure that all children with disabilities, from three (3) years of age until the end of the school year in which the child turns twenty-one (21) years of age, residing in the state have the right to and availabil…

6 CAR § 130-502. FAPE — Methods and payments. (a) Public agencies in the State of Arkansas may use whatever state, local, federal, and private sources of support are available in the state to meet the requirements of this part. (b) Nothing herein relieves an insurer or similar th…

6 CAR § 130-503. Residential placement. (a) If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including nonmedical care and room and board, must be at no cost to the pa…

6 CAR § 130-504. Routine checking of hearing aids and external components of surgically implanted medical devices. (a) Hearing aids. Each public agency must ensure that the hearing aids worn in school by children with hearing impairments, including deafness, are functioning prope…

6 CAR § 130-505. Program options. Each LEA or other public agency must take steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the school district or o…

6 CAR § 130-506. Nonacademic services. (a) Each LEA or other public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP team, to provide nonacademic and extracurricular services and activities …

6 CAR § 130-507. Physical education. (a) Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE unless the public agency: (1) Enrolls children without disabilities; and (2) Does not provide physical edu…

6 CAR § 130-508. Assistive technology. (a) Each LEA and other public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in 34 C.F.R. §§ 300.5 and 300.6, respectively, and 6 CAR §§ 130-204 and 130-205, are mad…

6 CAR § 130-509. Extended school year services. (a) General. (1) Each LEA and other public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with subdivision (a)(2) of this section. (2) Extended school year services must …

6 CAR § 130-510. FAPE requirements for students with disabilities in adult prisons. (a) Except as provided in 34 C.F.R. § 300.102, the obligation to make FAPE available to all children with disabilities does not apply with respect to students aged eighteen (18) to twenty-one (21)…

6 CAR § 130-511. Children with disabilities in charter schools. (a) Children with disabilities who attend public charter schools and their parents retain all rights under this part. (b)(1) If the public charter school is an LEA, consistent with 34 C.F.R. § 300.28, that receives f…

6 CAR § 130-512. FAPE for children suspended or expelled from school. (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 enabl…

6 CAR § 130-513. Students with disabilities who have graduated from high school with a regular high school diploma. (a) The exception in this section does not apply to children who have graduated from high school but have not been awarded the regular high school diploma. (b) Grad…

6 CAR § 130-514. Prohibition on mandatory medication. (a) General. The SEA must prohibit state and LEA personnel from requiring parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in Section 202(c) of the Comprehensive Drug Abuse Preven…

6 CAR § 130-601. Initial evaluations. Each public agency must conduct a full and individual evaluation, in accordance with 34 C.F.R. §§ 300.305 and 300.306, before the initial provision of special education and related services to a child with a disability under this part.

6 CAR § 130-602. Request for initial evaluation. Consistent with the consent requirements in 34 C.F.R. § 300.300, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.

6 CAR § 130-603. Procedures for initial evaluation — General. (a) Evaluation procedures for initial evaluation of a child must: (1) Be conducted within sixty (60) calendar days of receiving parental consent for the evaluation; and (2) Consist of procedures to determine: (A) If th…

6 CAR § 130-604. Evaluation procedures. (a) Notice. The public agency must provide notice to the parents of a child with a disability, in accordance with 34 C.F.R. § 300.503, that describes any evaluation procedures the agency proposes to conduct. (b) Each public agency must ensu…

6 CAR § 130-605. Determination of needed evaluation data. (a) Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation under Part B of the Individuals with Disabilities Education Act, the IEP team and other qualified pr…

6 CAR § 130-606. Determination of eligibility. (a) Upon completing the administration of tests and other evaluation measures: (1) Within thirty (30) calendar days, an evaluation/programming conference must be conducted; (2) A group of qualified professionals and the parent of the…

6 CAR § 130-607. Additional procedures for evaluating children with specific learning disabilities. (a) Additional team members. The determination of whether a child suspected of having a specific learning disability is a child with a disability, as defined in 34 C.F.R. § 300.8 a…

6 CAR § 130-608. Additional procedures for evaluating children with emotional disturbance. (a)(1) For students suspected of having emotional disturbance, a clinical diagnosis must be made by either a licensed psychologist or psychiatrist. (2) A clinical diagnosis alone does not q…

6 CAR § 130-609. Eligibility criteria. The terms used to establish eligibility criteria are defined as follows: (1) Autism. (A) “Autism” means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before ag…

6 CAR § 130-701. General. (a)(1) Each public agency must ensure that: (A) The IEP of a child with a disability is reviewed in accordance with 34 C.F.R. §§ 300.320 – 300.324 and 6 CAR § 130-801 et seq.; and (B) A reevaluation of each child, in accordance with 34 C.F.R. §§ 300.304 …

6 CAR § 130-702. Refusal. (a) If the parent of a child with a disability refuses to consent to the reevaluation, the public agency may, but is not required to, pursue that evaluation by using the consent override procedures under 6 CAR § 130-1001 et seq., and 34 C.F.R. §§ 300.507…

6 CAR § 130-703. Failure to respond to request for reevaluation. (a) Informed parental consent need not be obtained for reevaluation if the public agency can demonstrate that: (1) It has made reasonable efforts to obtain that consent; and (2) The child’s parent has failed to resp…

6 CAR § 130-704. Review of existing evaluation data. As part of any reevaluation under this part, the IEP team and other qualified professionals, as appropriate, must: (1) Review existing evaluation data on the child, including: (A) Evaluations and information provided by the par…

6 CAR § 130-705. Change in eligibility. (a) Except as provided in 34 C.F.R. § 300.305(e)(2), a public agency must evaluate a child with a disability in accordance with 34 C.F.R. §§ 300.304 – 300.311 before determining that the child is no longer a child with a disability. (b) The…

6 CAR § 130-801. Responsibility of public agencies for IEPs. Each public agency shall ensure that: (1) Except as provided in 34 C.F.R. §§ 300.320 – 300.324 and this subpart, an IEP is developed and implemented for each child with a disability served by that agency; and (2) An IEP…

6 CAR § 130-802. Definitions related to IEPs. (a) Individualized education program. As used in this part, the term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accor…

6 CAR § 130-803. When IEPs must be in effect. (a) General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in 34 C.F.R. § 300.320. (b) Implementation of IEPs. Each public ag…

6 CAR § 130-804. IEP meetings. (a) General. Each public agency is responsible for initiating and conducting meetings for the purpose of developing, reviewing, and revising the IEP of a child with a disability. (b) Initial IEPs — Provision for services. Each public agency must ens…

6 CAR § 130-805. IEP team. (a) General. The public agency must ensure that the IEP team for each child with a disability includes: (1) The parents of the child; (2) Not less than a regular education teacher of the child (if the child is, or may be, participating in the regular ed…

6 CAR § 130-806. Parent participation. (a) Public agency responsibility. Each public agency must take steps to ensure that one (1) or both of the parents of a child with a disability are present at each IEP meeting or are afforded the opportunity to participate, including: (1) No…

6 CAR § 130-807. Development, review, and revision of IEP. (a) Development of IEP. (1) General. In developing each child’s IEP, the IEP team must consider: (A) The strengths of the child and the concerns of the parents for enhancing the education of their child; (B) The results o…

6 CAR § 130-808. Content of IEP. (a) General. The IEP for each child with a disability must include: (1) A statement of the child’s present levels of academic achievement and functional performance, including: (A) How the child’s disability affects the child’s involvement and pro…

6 CAR § 130-809. Agency responsibilities for transition services. (a) If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with 34 C.F.R. § 300.320(b) and 6 CAR § 130-808(b)(1), the public agency must…

6 CAR § 130-810. Private school placements by public agencies. (a) Developing IEPs. (1) Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency must initiate and conduct a meeting to develop an IEP for the child i…

6 CAR § 130-901. General responsibility of public agencies. It shall be the responsibility of each public agency providing special education and related services to establish, maintain, and implement procedural safeguards that meet the requirements of this part and 34 C.F.R. §§ 3…

6 CAR § 130-902. Opportunity to examine records — Parent participation in meetings. (a) Opportunity to examine records. The parents of a child with a disability must be afforded, in accordance with the procedures of 6 CAR §§ 130-1601 – 130-1609 and 34 C.F.R. §§ 300.613 – 300.621,…

6 CAR § 130-903. Independent educational evaluation. (a) General. (1) The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child, subject to subsections (b) – (e) of this section. (2) Each public agency mus…

6 CAR § 130-904. Prior notice by public agency — Content of notice. (a) Notice. (1) Written notice that meets the requirements of subsection (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency: (A) Proposes to i…

6 CAR § 130-905. Procedural safeguards notice. (a) General. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one (1) time a school year, except that a copy also must be given to the parents, at a minimum: …

6 CAR § 130-906. Parental consent. (a) Parental consent for initial evaluation. (1) The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under 34 C.F.R. § 300.8 must, after providing notice consistent with 34 …

6 CAR § 130-907. Transfer of parental rights at age of majority. (a) General. (1) When a child with a disability reaches the age of majority under state law that applies to all students (age eighteen (18) in Arkansas), except for a student with a disability who has been determine…