ADE Special Education - Rules and Regulations

2008 Rules and Regulations

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Governing Special Education and Related Services:

		Revisions July 2010
		Procedural Requirements and Program Standards
		Appendix
		Special Education Eligibility Criteria and Program Guidelines for Children with Disabilities, Ages 3-21
		Flow Chart for the Provision of Special Education Services

Revisions July 2010
PROCEDURAL REQUIREMENTS AND PROGRAM STANDARDS (July 2010 Revisions)
		Sections
4.00		REFERRAL
8.00		INDIVIDUALIZED EDUCATION PROGRAMS (IEP)
9.00		DUE PROCESS
18.00		REGULATIONS GOVERNING RESIDENTIAL PLACEMENT

APPENDIX (July 2010 Revisions)

A.	ADE REQUIRED FORMS
	1.	DUE PROCESS, APPLICABLE TO AGES 3-21
		Referral Form, Ages 3-21 - Spanish Version
		Information Regarding Consent, Ages 3-21 - Spanish Version
		Permission for Consent to Invite Agency, Ages 3-21 - Spanish Version
		Revocation of Parent Consent for Placement, Ages 3-21 - Spanish Version
	3.	INDIVIDUALIZED EDUCATION PROGRAM FORMS - Spanish Version
	4.	YOUR RIGHTS UNDER THE IDEA - Spanish Version
	5.	SPECIAL USE
		g. Transfer of Rights (AGE 18)
		NOTIFICATION TO PARENTS OF TRANSFER OF RIGHTS - Spanish Version
		NOTIFICATION TO YOUTH OF TRANSFER OF RIGHTS - Spanish Version

Special Education Eligibility Criteria and Program Guidelines for Children with Disabilities, Ages 3-21 (July 2010 Revisions)
PART I: Eligibility Criteria for Children with Disabilities, Ages 5-21
K.		TRAUMATIC BRAIN INJURY
PART II: Eligibility Criteria for Children with Disabilities, Ages 3-5
I.		TRAUMATIC BRAIN INJURY
PART III: Program Guidelines
Section 3:		Guidelines for Registration, Training, Scope of Responsibilities, Supervision, and Review of Speech-Language Assistants and Aides (July 2010)

PROCEDURAL REQUIREMENTS AND PROGRAM STANDARDS
Table of Contents
		Sections

1.00		PURPOSE AND APPLICABILITY OF THESE REGULATIONS
2.00		DEFINITIONS USED IN THESE REGULATIONS
3.00		CHILD FIND REQUIREMENTS
4.00		REFERRAL
5.00		FREE APPROPRIATE PUBLIC EDUCATION (FAPE)
6.00		EVALUATION - ELIGIBILITY CRITERIA
7.00		REEVALUATION
8.00		INDIVIDUALIZED EDUCATION PROGRAMS (IEP)
9.00		DUE PROCESS
10.00		MEDIATION AND HEARINGS
11.00		DISCIPLINE PROCEDURES
12.00		STATE COMPLAINT PROCEDURES - STATE COMPLAINT FORM
13.00		LEAST RESTRICTIVE ENVIRONMENT (LRE)
14.00		CHILDREN IN PRIVATE SCHOOLS
15.00		SURROGATE PARENTS
16.00		CONFIDENTIALITY
17.00		PROGRAM STANDARDS
18.00		REGULATIONS GOVERNING RESIDENTIAL PLACEMENT
19.00		EXTENDED SCHOOL YEAR SERVICES
20.00		TIME-OUT SECLUSION ROOM
21.00		TRANSITION
22.00		HOME SCHOOLING
23.00		TESTING, ASSESSMENT AND ACCOUNTABILITY PROGRAM/ACADEMIC DISTRESS
24.00		CATASTROPHIC OCCURRENCES
25.00		EDUCATIONAL SERVICES FOR STUDENTS IN YOUTH SHELTERS
26.00		PERSONNEL DEVELOPMENT AND STANDARDS
27.00		CHARTER SCHOOLS
28.00		UNIFORM GRADING SCALES
29.00		ACCESSIBLE INSTUCTIONAL MATERIALS LOAN PROGRAM
30.00		EARLY CHILDHOOD SPECIAL EDUCATION


APPENDIX
A.	ADE REQUIRED FORMS
	1.	DUE PROCESS, APPLICABLE TO AGES 3-21
		Record of Access, Ages 3-21 - Spanish Version
		Referral Form, Ages 3-21 - Spanish Version
		Notice of Conference, Ages 3-21 - Spanish Version
		Conference Notice Enclosure, Ages 3-21 - Spanish Version
		Documentation of Receipt of Rights Under The Individuals With Disabilities Education Act, Ages 3-21 - Spanish Version
		Referral Conference Decision Form, Ages 3-21 and Notice of Decision - Spanish Version
		Information Regarding Consent, Ages 3-21 - Spanish Version
		(1) Informed Consent - Spanish Version
		(2) Temporary Placement Consent - Spanish Version
		(3) Parental Consent to Release of Personally Identifiable Information - Spanish Version
		Systematic Observation of Student Performance - Spanish Version
		Group Report for Specific Learning Disability (SLD) - Spanish Version
		Evaluation/Reevaluation Decision Form, Ages 5-21 - Spanish Version
		() Evaluation/Programming Conference Decision Form and Notice of Decision () Spanish Version
		(*) Existing Data Review and Notice of Decision - Spanish Version
		Parent Consent For Initial Placement, Ages 3-21 - Spanish Version
		Separate Programming Conference Decision Form, Ages 3-21 and Notice of Decision - Spanish Version
		Annual Review Form, Ages 3-21 and Notice of Decision - Spanish Version
		SAMPLE: Letter of Agency Notification - Spanish Version
		IEP Team Member Excusal from Attendance at IEP Meeting
		(1) Form A - Spanish Version
		(2) Form B - Spanish Version
	2.	DUE PROCESS, APPLICABLE ONLY TO AGES 3-5
		Early Childhood Special Education Social History - Spanish Version
		Early Childhood Special Education Evaluation/Programming Conference Decision Form and Notice of Decision - Spanish Version
		Early Childhood Special Education Existing Data Review, Decision Form and Notice of Decision - Spanish Version
		Early Childhood Special Education Parental Decision for Nonparticipation in Preschool Special Education Services - Spanish Version
	3.	INDIVIDUALIZED EDUCATION PROGRAM FORMS - SPANISH VERSION
	4.	YOUR RIGHTS UNDER THE IDEA YOUR RIGHTS UNDER THE IDEA - SPANISH VERSION
	5.	SPECIAL USE
		a. Due Process Hearing/Expedited Hearing
		IMPARTIAL DUE PROCESS HEARING FORMS - Spanish Version
		REQUEST FOR HEARING - PARENT - Spanish Version
		REQUEST FOR EXPEDITED HEARING - PARENT - Spanish Version
		REQUEST FOR HEARING - PUBLIC AGENCY - Spanish Version
		REQUEST FOR EXPEDITED HEARING - PUBLIC AGENCY - Spanish Version
		b. MEDIATION PROCESS - Spanish Version
		c. Functional Behavior Assessment (FBA)
		PROCESS FOR FUNCTIONAL ASSESSMENT OF BEHAVIOR - Spanish Version
		FUNCTIONAL ASSESSMENT OF PROBLEM BEHAVIOR - Spanish Version
		d. Manifestation Determination Review (MDR)
		CONDUCTING A MANIFESTATION DETERMINATION REVIEW - Spanish Version
		MANIFESTATION DETERMINATION REVIEW - Spanish Version
		e. Notice Regarding Issues in Parental Private School Placement - Spanish Version
		f. Surrogate Parent
		FORM SP-1 - Spanish Version
		FORM SP-2 - Spanish Version
		FORM SP-3 - Spanish Version
		FORM SP-4 - Spanish Version
		SURROGATE PARENT SAMPLE LETTER - Spanish Version
		g. Transfer of Rights (AGE 18)
		NOTIFICATION TO PARENTS OF TRANSFER OF RIGHTS - SPANISH VERSION
		NOTIFICATION TO YOUTH OF TRANSFER OF RIGHTS - SPANISH VERSION
B.	STUDENT PARTICIPATING IN STATEWIDE ASSESSMENT GUIDELINES FOR IEP TEAM DECISION MAKING
C.	ADDITIONAL CRITERIA FOR SPECIFIC LEARNING DISABILITY DETERMINATION
	SLD ELIGIBILITY: METHOD FOR DETERMINING DISCREPANCY ANALYSIS
D.	LIST OF ACRONYMS


Special Education Eligibility Criteria and Program Guidelines for Children with Disabilities, Ages 3-21
Table of Contents
PART I: Eligibility Criteria for Children with Disabilities, Ages 5-21

A.	AUTISM
B.	DEAF-BLINDNESS
C.	HEARING IMPAIRMENT (INCLUDING DEAFNESS)
D.	EMOTIONAL DISTURBANCE
E.	MENTAL RETARDATION
F.	MULTIPLE DISABILITIES
G.	ORTHOPEDIC IMPAIRMENT
H.	OTHER HEALTH IMPAIRMENT
I.	SPECIFIC LEARNING DISABILITY
J.	SPEECH OR LANGUAGE IMPAIRMENT
K.	TRAUMATIC BRAIN INJURY
L.	VISUAL IMPAIRMENT (INCLUDING BLINDNESS)

PART II: Eligibility Criteria for Children with Disabilities, Ages 3-5
A.	AUTISM
B.	DEAF-BLINDNESS
C.	HEARING IMPAIRMENT (INCLUDING DEAFNESS)
D.	MULTIPLE DISABILITIES
E.	NONCATEGORICAL
F.	ORTHOPEDIC IMPAIRMENT
G.	OTHER HEALTH IMPAIRMENT
H.	SPEECH OR LANGUAGE IMPAIRMENT
I.	TRAUMATIC BRAIN INJURY
J.	VISUAL IMPAIRMENT (INCLUDING BLINDNESS)

PART III: Program Guidelines
Section 1:	Criteria for Dismissal from Speech or Language Therapy Services
Section 2:	Use of Criteria for Dismissal from Speech or Language Therapy Services
Section 3:	Guidelines for Registration, Training, Scope of Responsibilities, Supervision, and Review of Speech-Language Assistants and Aides (July 2008)
Section 4:	Guidelines for Preparation of Proposals for Use of Speech-Language Pathology Assistants and Speech-Language Pathology Aides in Pubic Agencies Providing Educational Services
Section 5:	Guidelines for Determining a Central Auditory Processing Disorder
Section 6:	Procedure for Hearing Screening and Follow-up - Early Childhood
Section 7:	Arkansas Handbook for Educational Interpreters/Transliterators, Teachers and Administrators
Section 8:	Interagency Agreement "TRANSITION POLICY: Early Intervention to Early Childhood"
Section 9:	Transition from Early Childhood Special Education Program to Kindergarten
Section 10:	Arkansas Department of Education School-Based Day Treatment Guidelines
Section 11:	Guidelines for Evaluation/Reevaluation

Arkansas Department of Education
Special Education Unit
1401 West Capitol Ave., Victory Bldg. Suite 450, Little Rock, AR. 72201-2936
(501) 682-4221 TTY: (501) 682-4222 spedsupport@arkansas.gov