In Arkansas, we value education and celebrate our excellent public schools. But children with disabilities can face challenges at even the best of schools. As a result, Congress implemented the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) to protect the educational rights of kids with disabilities. Combined with Arkansas laws, these laws and regulations mandate due process and require the evaluation of students with disabilities in public schools.
While federal and state law provides the foundation for disability education law in Arkansas, navigating the complex web of law and regulation can be challenging. If you're worried your student isn't receiving the support and services they need to succeed at school, you need someone to advocate for you and your child. The skilled Education Law Team at the Lento Law Firm has been helping families nationwide get the disability support they need for years, and they can help you, too. Call us at 888-535-3686 to schedule your consultation.
The Little Rock, North Little Rock, Conway, Arkansas Area
The communities of Little Rock, North Little Rock, and Conway, Arkansas, are in Pulaski and Faulkner counties, with Conway and Faulkner County lying just north of the Little Rock area. More than 400,000 people live in Pulaski County and more than 125,000 in Faulkner County, making this one of the most populated areas of Arkansas.
Many people move to Faulkner and Pulaski counties for the school, which has some of the best public schools in Arkansas. Some of the largest school districts include:
- Benton School District
- Conway School District
- Bryant School District
- Cabot School District
- Vilonia School District
- Beebe School District
- Little Rock School District
- Harmony Grove School District
- Bauxite School District
- Mayflower School District
- Lenoke School District
- Pulaski County Special School District
- North Little Rock School District
The area is also home to many highly-regarded charter schools, including:
- Arkansas Lighthouse Charter Schools
- LISA Academy Public Charter School District
- eSTEM Public Charter School
- Academics Plus Charter School
Colleges and Universities Versus K-12 Schools in Arkansas
Arkansas is also home to many well-known colleges and universities, such as:
- University of Arkansas in Fayetteville
- Arkansas State University in Jonesboro
- University of Central Arkansas in Conway
- Arkansas Tech University in Russellville
- John Brown University in Siloam Springs
- Hendrix College in Conway
- Harding University in Searcy
But the state is also home to many nearby community colleges and trade schools, such as the University of Arkansas Community College in Morrilton, River Valley Technical Center, Creative Institute of Central Arkansas, and Apex Dental Education. While colleges, trade schools, and universities must still follow federal and state laws regarding disability education, they have more leeway with students over 18.
Once your child is legally an adult, you will no longer be considered their educational advocate. Your student will be expected to advocate for themselves, and you won't be the college or university's point of contact for issues surrounding your student's education. Moreover, IDEA no longer applies to students once they graduate from high school, and secondary education institutions aren't required to follow Individual Education Plans. However, many colleges use IEPs and 504 plan accommodations to determine the best way to support students with education-related disabilities.
Understanding IEPs, FAPE, and Reasonable Accommodations
For students with disabilities, federal and state laws combine to require Arkansas schools to provide them with the services, support, and educational resources they need to access a “free and appropriate public education.” The Individuals with Disabilities Education Improvement Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) safeguard your student's rights in K-12 public schools and sometimes colleges, trade schools, and universities. However, K-12 public schools face more regulations and requirements for special education students.
Some of the main requirements of federal disability education laws include:
- Least Restrictive Environment (LRE): The least restrictive environment is the environment that restricts your child's learning environment the least. In many school districts, the LRE will allow students with disabilities to be in mainstream, general education classrooms with non-disabled students. This makes the school community more inclusive and gives your child the greatest educational opportunities. The LRE will differ for each child and, in some cases, may involve assigning your child an aide to allow them to participate in a general education classroom.
- A Free Appropriate Public Education (FAPE): All students in the U.S. have a right to a free and appropriate public education. Moreover, they are entitled to receive the services, support, and resources necessary to achieve this free of charge. Under Arkansas state policies, each school district must provide a FAPE to any child between three and 21, including:
- “Children with disabilities who need special education and related services, even if the child has not failed or been retained in a course or grade or is advancing from grade to grade;
- Children with disabilities who have graduated from high school but have not been awarded a regular diploma; and
- Children with disabilities who have been suspended or expelled in accordance with special education discipline provisions and district policy.
- Children who reach age 21 before the end of the school year. These students remain eligible until the end of the school year in which they reach 21.”
- Individualized Education Programs (IEPs): Under the Individuals with Disabilities Education Improvement Act, schools must work with parents to create individualized education plans (IEPs) for students with disabilities. The IEP gives your student a foundation of services and support the school must provide to help them succeed. An IEP is a legal document, and your child's school must follow it.
- Reasonable Accommodations: While an IEP lists the services and support your child needs for success at school, reasonable accommodations are adjustments the school can make for your student to make their education more accessible. Your child's school won't necessarily grant every accommodation you request. Rather, they will consider the request's feasibility, cost, and reasonableness. Accommodations are intended to help place your child on par with students who don't have any disabilities.
The goal for schools should be to use reasonable accommodations, IEPs, and the LRE to ensure that your child, and every child with disabilities, receives a free and appropriate public education.
Arkansas Disability Education Law
Arkansas law is similar to federal law in many ways, mirroring the protections offered by IDEA, the ADA, and other federal laws and regulations.
- Special Education in Arkansas
To qualify for special education in Arkansas, your child must be between three and 21 years old and have one or more disabilities under the Individuals with Disabilities Education Improvement Act (IDEA). Some qualifying disabilities include:
- Autism
- Hearing and visual impairments
- Deaf-blindness
- Intellectual disabilities
- Emotional or psychological disturbances
- Orthopedic impairments
- Specific learning disability
- Speech or language impairments
- Traumatic Brain Injury
- Other health impairments
- Multiple disabilities
If your child's disability affects their education, they may qualify for special education services. However, it's the responsibility of the school district to locate and identify children with education-related disabilities. Under state policies, school districts are “responsible for locating, identifying and evaluating all children with disabilities from birth to twenty-one within its jurisdiction that need early intervention, early childhood special education, or special education and related services.
- Referrals for Special Education Referrals in Arkansas
Referrals for special education in Arkansas schools typically begin with a request for a special education evaluation made in writing by:
- A parent or guardian,
- A student who is over 18,
- A teacher, administrator, or other school personnel.
After the referral, the school will notify you and ask that you participate in an IEP referral conference within seven days. The principal, parent, and teacher directly responsible for your child's education must attend the referral conference. If the school determines that your child qualifies for special education services, they will have a meeting to develop an Individualized Education Plan (IEP).
An IEP may include:
- Your student's current level of performance and education,
- Goals for your students, including educational and functional goals,
- Procedures and criteria for measuring progress,
- Modifications to your child's curriculum, such as classes or activities your child won't participate in,
- The instruction setting recommended for your child,
- When services will begin and end and how often they will occur,
- Any transitional services, and
- Alternative assessments, if any, are recommended.
After the IEP meeting, you'll receive a copy from the school.
- Bullying Laws in Arkansas
Children with disabilities are more likely to be bullied than other students. That's why Arkansas has an anti-bullying law. The last states, “The General Assembly finds that every public school student in this state has the right to receive his or her public education in a public school educational environment that is reasonably free from substantial intimidation, harassment, or harm or threat of harm by another student.”
Under Arkansas law, bullying includes:
Intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that may address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated.
It also includes cyberbullying, substantial disruption to education, physical harm, or creating a “hostile educational environment.” Under the law, each school district in Arkansas must also set, implement, and distribute anti-bullying policies, along with notification procedures.
- Manifestation Determination Reviews in Arkansas
If your child's school decides to suspend or remove your child from school for ten days or more because of a disciplinary action, they must first consider if their disability affected or caused the behavior. The school must also consider if its failure to implement an IEP contributed to the incident. The Individuals with Disabilities Education Act (IDEA) mandates that your child's school conduct a Manifestation Determination Review (MDR) before removing them from school for ten days or more. This includes all time your child is removed from school cumulatively throughout the years.
The MDR panel will consist of your child's teachers, staff who work closely with them at school, parents, and any professionals who work with your child, like a psychologist, counselor, or doctor. The MDR will determine if your child's behavior was related to their disability or the school's failure to properly implement an IEP. If the MDR panel determines the behavior was related to the disability, they must do a behavioral assessment, implement a behavioral intervention plan, and then return your child to school.
- Arkansas Special Education Complaints Resolution
If you don't agree with your Arkansas school's decision regarding an MDR review, disciplinary action, IEP, or failure to implement an IEP, you can appeal it. If you disagree with an IEP decision, you can request an independent evaluation at the school's expense. You must submit the request in writing.
- Due Process Hearing: You can file a complaint and request a hearing for any special education decision you disagree with. At the hearing, you and the school can present witnesses and evidence. An independent hearing officer will decide; if you disagree, you can file an appeal in federal or state court.
- Complaint with the Arkansas Department of Education (ADE): Within one year of the school's final decision, you can file a complaint if you believe the school is violating any provision of IDEA. The ADE must review and investigate all complaints within 60 days.
- Mediation: You can also use an informal mediation process to resolve disputes with the school. Both you and the school must agree to attend. With successful mediation, the mediator will write up a legally binding agreement that you and the school will sign.
Protecting Your Student's Right to an Education in Arkansas
While many federal and Arkansas laws help protect your student's right to a free and appropriate public education, it's important to understand how these laws work together. If you're facing difficulty getting your child's school to implement an IEP or issues with disciplinary actions, you don't have to figure it out alone. The seasoned Education Law Team at the Lento Law Firm has been helping families like yours with education disability issues nationwide for years. Let them use their skills and passion to protect your student's rights in Arkansas. Call 888-535-3686 to schedule your consultation, or contact us online today.
