Under U.S. law, all children have the right to free public education. However, federal and state laws also mandate that students with special needs receive the proper accommodations, services, and support they need to get the most from their education. If you have a child with a disability or special needs, it's important to understand the rights your child has and how you can ensure they are receiving the necessary accommodations to help them succeed in school.
According to the Arkansas Department of Education (ADE), 475,207 students were enrolled in K-12 public schools in the 2023-2024 school year. Although specific data regarding enrollment numbers for special education students doesn't exist for the current school year, past years have seen more than 66,000 students with disabilities enrolled in Arkansas public schools, or around 14% of the student population.
Special education covers a broad range of services and support for students with special needs. Some common accommodations include extended time for taking tests and note-taking assistance, among others. However, a child's special education plan should consider what's best for the individual student and not focus entirely on their disability or special needs.
Arkansas' Division of Elementary & Secondary Education Special Education Unit works closely with the federal Office of Special Education and Federal Programs to ensure children with disabilities receive a free and appropriate education as outlined by federal law. Through this partnership, the state offers an array of resources to local school districts and families in Arkansas to best meet the needs of students with disabilities.
Whatever your child's disability, their school district must provide the proper support and accommodations and access to services your child needs, so long as they meet the standards to qualify. If your child's school fails to acknowledge your child's disability or provide the appropriate accommodations and services, you should contact Lento Law Firm's Education Law Team for help finding a resolution. Call us today at (888) 535-3686 or contact us online for a confidential consultation.
What is Special Education?
Special education refers to students who have mental, physical, or social differences that affect their learning. A student could have disabilities that require special accommodations or modifications to traditional learning activities and settings.
The Little Rock School District, for instance, addresses special education and students with disabilities, including programming requirements, procedural safeguards, disciplining students with disabilities, and other important information.
Relevant Laws
The preeminent federal law dealing with student disability rights in K-12 public schools is the Individuals with Disabilities Education Act (IDEA). One key component of IDEA is that students with disabilities be evaluated for and receive an individualized education plan (IEP). The Arkansas Department of Education's Special Education and Related Services Division defines the rules and requirements pertaining to qualifying students for an IEP and developing a customized program.
Along with IDEA, two other federal laws also factor when considering disability rights in education. They are the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.
The ADA applies to all disabled U.S. citizens, not just students. However, Section 504 of the Rehabilitation Act establishes 504 Plans, which are precursors to IEPs. The terms Section 504 uses to define disabilities are broad, and 504 plans do not have to be written like IEPs. Regardless, parents or guardians should request copies of the 504 plan to mitigate any miscommunications.
Both IEPs and 504s are free services, and families must consider whether either plan would benefit their students.
Common Terms
You may hear various terms and acronyms as you navigate the special education process with your child. One term is reasonable accommodations. The ADA requires all public schools, as well as colleges and universities, to provide reasonable accommodations to students with disabilities. These accommodations should be effective, but they do not have to be the most expensive or comprehensive option. They should also not place an undue burden on the school or its personnel.
Another term you may hear a lot is the Least Restrictive Environment (LRE). This means students should attend a general classroom setting as much as possible. However, the decision should always consider the student's best interests.
Section 504 also mandates that all children have the right to a free appropriate public education (FAPE). FAPE applies to students K-12 and includes support and service recommendations and requirements for students with disabilities.
Special Education in Arkansas
Arkansas' Office of Special Education (OSE) works to improve educational services and results for students with disabilities and special needs throughout the state. OSE supports schools, teachers, students, and their parents and guardians, and its responsibilities include:
- Making sure schools and administrators comply with IDEA program and fiscal requirements, as well as Arkansas laws and regulations
- Offering professional development to educators and other key stakeholders
- Supporting special education teachers and administrators to ensure they are adequately prepared to meet the needs of students with special needs
- Providing technical assistance to all stakeholders, including parents and students, to improve special education programs
- Managing federal and state special education reports and analyzing data
- Administering and overseeing state and local special education applications, budgets, and related expenditures
- Developing and maintaining an effective system for reporting violations and conflict resolution
OSE offers many training programs in several areas, including inclusive education, dispute resolution, and financing special education programs.
The Arkansas State Board of Education has also approved an Alternative Pathway to Graduation for students who have considerable learning and cognitive disabilities.
Arkansas also has many educational facilities designed specifically to cater to students with disabilities. A few include:
- Arkansas School for the Blind & Visually Impaired
- Arkansas School for the Deaf
- Easterseals Academy
- New Focus Academy
- Pinnacle Pointe School
Many districts, such as the Little Rock School District, also offer special programs for students with disabilities.
Who Qualifies for Special Education?
In Arkansas, students who are under 22 years of age qualify for special education services if they meet any of the following qualifying disabilities:
- Autism
- Deaf-blindness
- Deafness and hearing impairment
- Emotional disturbance
- Intellectual disabilities
- Multiple disabilities
- Orthopedic impairment
- Other health impairment
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment, including blindness
Students must be evaluated and tested to determine if they qualify for a disability. Whether part of an initial evaluation or when re-evaluating a student for disabilities, schools in Arkansas must:
- Review existing evaluations of the student, which can include parent observations as well as teacher and counselor observations
- Determine whether the child has a particular disability
- Determine the current educational and performance needs of the student
- Determine whether the child needs special education services or accommodations
- Develop an individualized education plan (IEP) that defines any special modifications, accommodations, or services the student requires
Any evaluation must be sufficiently comprehensive to identify all of a student's special education requirements. A school must complete its evaluation within 60 calendar days from the date the school receives written consent from the student's parent or guardian. Keep in mind that a school cannot evaluate a child without a parent or guardian's consent.
After the evaluation, the student's IEP team must decide whether the student is eligible for special education and develop an IEP. Each school district in Arkansas must make reasonable efforts to notify parents or guardians of a child's IEP. Along with sending a certified letter, administrators should visit the last known address of the child and may speak with neighbors and the parent or guardian's friends to locate the parent if they don't respond to the letter.
Ideally, parents and guardians should prepare for and participate in IEP meetings. Parents and guardians are under no legal requirement to follow the district's recommendations, and they can offer their own recommendations and be active in the process of ensuring the district complies. It's important to note that districts don't necessarily have to provide all recommendations, only those that are reasonable.
Schools in Arkansas must re-evaluate students at least once every three years. The re-evaluation will use “existing data” to determine whether the child still has a need for special education services. This includes existing information and evaluations, classroom-based assessments, and teacher/administrator observations. Evaluators may use additional information when making a decision.
Independent Evaluations
It's up to parents/guardians to decide whether to place their child in special education following the evaluation. There is no requirement that you consent to placing your child in special education in Arkansas, even if the evaluation shows they need the service.
If you don't agree with the evaluation's results or have other concerns about the evaluation, you may request an independent education evaluation. You must inform the school in writing that you disagree with the evaluation, but you don't have to necessarily provide reasons why.
An independent evaluation will be conducted by a qualified professional who is not an employee of the school. The school may recommend an independent evaluator, or you can get someone on your own who is totally unaffiliated with the school, so long as they have the necessary qualifications to conduct the evaluation.
The independent evaluation should use public funds to pay for the service, and you can ask your child's school to pay for the evaluation. The school must comply unless it petitions for due process to show its own evaluation was appropriate. Also, the testing the independent evaluator uses must meet the same requirements as what the school uses.
If My Child Has ADD or ADHD, Can They Qualify for Special Education?
Yes. Federal law specifically recognizes ADD and ADHD as conditions that may qualify for special education under the category of “other health impairment.” Additionally, students may qualify under other categories, such as “specific learning disability” or “emotional disturbance,” if either applies.
My Child Makes Good Grades. Can They Still Qualify for Special Education?
Yes. Grades are only one factor to consider when determining whether a child qualifies for special education. Even if a student advances from grade to grade and makes passing grades, school districts must still identify students who need special education services per IDEA requirements. Other factors that may be considered include the student's behavior and social skills, along with their communication abilities or any illnesses that cause them to miss school frequently.
What About Pre-School-Age Children with Disabilities? Are They Eligible for Special Education Services?
Part C of IDEA requires that infants and toddlers, from birth to three years old, receive early intervention services. The Arkansas Department of Human Services Developmental Disability Services Division runs a program called First Connections. The program offers a range of services to families with children with disabilities, including:
- Developmental assessments
- Early intervention services
- Individualized service planning
- Physical therapy
- Speech therapy
- Occupational therapy
The program offers other services as well that help children realize important developmental milestones and cope with their disabilities.
How Can a Special Education Attorney Help Me and My Child?
Special education attorneys understand state and federal laws regarding special education evaluations and requirements. They can serve as an invaluable advocate for you and your child to help you get the services and accommodations your child needs.
An attorney will also have access to professional support resources, such as psychologists and professionals qualified to conduct independent evaluations. An attorney should also have considerable experience with mediation and negotiation as well as litigation. They can fight for you and your child throughout the process and act as a trusted advisor and counselor to help ensure your child receives all necessary accommodations to succeed in school.
Whether your child is a student in the Fayetteville School District, the Conway School District, the Little Rock School District, the Pulaski County Special School District, or any other school district in the state, you must contact an attorney right away if you disagree with the school's evaluation of your child or the school will not acknowledge your child's disability and provide the appropriate services and accommodations as required by law.
Your Child Has the Right to Special Education in Arkansas
Your child with special needs has the right to special education, which includes a free education that accommodates their disability. However, the plethora of federal and state laws combined with qualification requirements can be overwhelming. Unfortunately, some school districts try to circumvent the rules and don't consider the special needs and best interests of their students.
The Lento Law Firm's Education Law Team assists families throughout Arkansas and across the nation with their special education issues. We can help you ensure your student receives the appropriate evaluation, qualifications, and accommodations to help them succeed in school. Contact us online or at (888) 535-3686 to speak with us about your situation.
