Arkansas Administrative Code

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…

6 CAR § 130-1106. Appeal. (a)(1) General. The parent of a child with a disability who disagrees with any decision regarding placement under 34 C.F.R. §§ 300.530 and 300.531 or the manifestation determination under 34 C.F.R. § 300.530(e), or an LEA that believes that maintaining t…

6 CAR § 130-1107. Protections for children not determined eligible for special education and related services. (a) General. A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violated …

6 CAR § 130-1108. Referral to and action by law enforcement and judicial authorities. (a) Nothing in this part prohibits an LEA/public agency from reporting a crime committed by a child with a disability to appropriate authorities or prevents state law enforcement and judicial au…

6 CAR § 130-1109. Corporal punishment. A school district that authorizes use of corporal punishment shall not: (1) Use corporal punishment on a child who is: (A) Intellectually disabled; (B) Nonambulatory; (C) Nonverval; or (D) Autistic; or (2) Include in its written student disc…

6 CAR § 130-1110. Applicable statues and rules — Note. In addition to the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and this subpart, school districts must follow all requirements and meet all obligations to its students under Arka…

6 CAR § 130-1201. Filing a complaint. (a) An organization or an individual, including those from another state, may file a written, signed complaint with the Division of Elementary and Secondary Education, or the complaint may be made in person by recorded deposition or statement…

6 CAR § 130-1202. Preliminary action. (a) Complaints received pursuant to 6 CAR § 130-1201 shall be referred to the Special Education Unit of the Division of Elementary and Secondary Education for subsequent investigation and resolution within sixty (60) calendar days after recei…

6 CAR § 130-1203. Team composition. Each investigative team shall include: (1) At least two (2) but no more than five (5) persons; and (2) Any person whom the Director of the Special Education Unit deems necessary to expedite the investigation and resolve the issues of the compla…

6 CAR § 130-1204. Timeline. (a) The investigation shall be completed and a written report issued of the findings, decisions, and corrective actions, if any, within sixty (60) calendar days of receipt of the complaint, unless an extension of the timeline is granted by the Director…

6 CAR § 130-1205. Fact-finding activities. (a) The complaint investigation team may use any of a variety of fact-finding activities in the course of a complaint investigation, including, but not limited to: (1) Independent on-site data collection, if the SEA determines that an in…

6 CAR § 130-1206. Complaint investigation report. (a) At the close of a complaint investigation, the relevant information will be reviewed by the investigative team, and the team will make an independent determination regarding the allegation or allegations against the agency as …

6 CAR § 130-1207. Complaint set-aside. (a) Complaints filed under this section and due process hearings under: (1) 34 C.F.R. §§ 300.507 and 300.530 – 300.532; and (2) 6 CAR § 130-1001 et seq. (b)(1) If a written complaint is received that is also the subject of a due process hear…

6 CAR § 130-1301. General LRE requirements. Each public agency must ensure: (1) That to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and (…

6 CAR § 130-1302. Continuum of alternative placements. (a) Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. (b) The continuum required in subsection (…

6 CAR § 130-1303. Placements. In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that: (1) The placement decision is made: (A) By a group of persons, including the parents and other …

6 CAR § 130-1304. Nonacademic settings. (a) In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in 34 C.F.R. § 300.107, each public agency must ensure th…