Arkansas Administrative Code

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…

6 CAR § 131-101. Autism. (a) Definition. (1)(A) "Autism" means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three (3), that adversely affects a child's educational performance. (B) Other…

6 CAR § 131-102. Deaf-blindness. (a) Definition. "Deaf-blindness" means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education progra…

6 CAR § 131-103. Hearing impairment, including deafness. (a) Definition. (1) "Deafness" means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects educational …

6 CAR § 131-104. Emotional disturbance. (a) Definition. (1) "Emotional disturbance" means a condition exhibiting one (1) or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance: (A) An ina…

6 CAR § 131-105. Intellectual disability. (a) Definition. "Intellectual disability" means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a c…

6 CAR § 131-106. Multiple disabilities. (a) Definition. (1) "Multiple disabilities" means concomitant impairments (such as intellectual disability-blindness, intellectual disability-orthopedic impairment, etc.), the combination of which causes such severe educational needs that t…

6 CAR § 131-107. Orthopedic impairment. (a) Definition. (1) "Orthopedic impairment" means a severe orthopedic impairment that adversely affects a child's educational performance. (2) The term includes impairments: (A) Caused by congenital anomaly (e.g., clubfoot, absence of some …

6 CAR § 131-108. Other health impairment. (a) Definition. (1) "Other health impairment" means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment …

6 CAR § 131-109. Specific learning disability. (a) Definition. (1) "Specific learning disability" means a disorder in one (1) or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect a…

6 CAR § 131-110. Speech or language impairment. (a) Definition. (1) "Speech or language impairment" means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance. (…

6 CAR § 131-111. Traumatic brain injury. (a) Definition. (1) "Traumatic brain injury" means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a chil…

6 CAR § 131-112. Visual impairment, including blindness. (a) Definition. (1)(A) "Visual impairment, including blindness" means an impairment in vision that, even with correction, adversely affects a child's educational performance. (B) The term includes both partial sight and bli…

6 CAR § 131-201. Autism — Early childhood special education. (a) Definition. (1) “Autism” means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three (3), that adversely affects a child’s d…

6 CAR § 131-202. Deaf-blindness — Early childhood special education. (a) Definition. “Deaf-blindness” means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental/educational needs that they cannot be accommod…

6 CAR § 131-203. Hearing impairment, including deafness — Early childhood special education. (a) Definitions. (1) “Deafness” means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification…

6 CAR § 131-204. Multiple disabilities — Early childhood special education. (a) Definition. (1) "Multiple disabilities" means concomitant impairments (combination of cognitive, physical, and/or sensory disabilities), the combination of which causes such severe developmental/educa…