IEP Eligibility in Arkansas: Who Qualifies?
What qualifies a child for an IEP in Arkansas?
Arkansas eligibility for special education and related services requires that a student: (1) be between ages 3 and 21; (2) have a disability in one of the 13 recognized IDEA categories; and (3) require specially designed instruction as a result of the disability (Ark. Code Ann. § 6-41-202 et seq.; Ark. Admin. Code 005.18.10-001, §6.00). Child Find obligations require districts to identify and evaluate all children with suspected disabilities within the district's boundaries, including those in private schools, home schools, and those who are kindergarten-eligible but not yet enrolled. Arkansas requires a multidisciplinary evaluation using a variety of assessment tools and strategies; no single measure may be the sole criterion (34 CFR 300.304(b)). After evaluation, an Evaluation/Programming Conference (EPC) determines eligibility. Arkansas allows the Response to Intervention (RTI) or Multi-Tiered System of Supports (MTSS) framework for Specific Learning Disability identification, as an alternative to the IQ-achievement discrepancy model. The eligibility criteria for each of the 13 categories are published in the DESE's Special Education Eligibility Criteria and Program Guidelines for Children with Disabilities, Ages 3-21.
What Arkansas Requires
To be eligible, a student must be ages 3-21, have a qualifying disability, and require specially designed instruction because of the disability (Ark. Code Ann. § 6-41-202; Ark. Admin. Code 005.18.10-001, §6.00).
Evaluation must use a variety of tools and strategies; no single measure may serve as the sole criterion for eligibility or programming decisions (34 CFR 300.304(b)).
Arkansas uses an Evaluation/Programming Conference (EPC) to determine eligibility; the EPC must be held within 30 calendar days of completing the evaluation (Ark. Admin. Code 005.18.10-001, §8.04.2.1.B).
Arkansas allows RTI/MTSS data as part of the Specific Learning Disability eligibility determination process, in addition to or instead of IQ-achievement discrepancy (34 CFR 300.307; Arkansas DESE SLD guidance).
Child Find requires districts to identify and evaluate all children with suspected disabilities ages 3-21, including those in private schools and home schools (Ark. Admin. Code 005.18.10-001, §3.00; 34 CFR 300.111).
For ages 3-5, Arkansas uses 10 eligibility categories with a Non-Categorical developmental delay option; Emotional Disturbance and Specific Learning Disability are not used for this age group (Arkansas DESE Early Childhood eligibility criteria).
Key Timelines
Referral conference within 21 calendar days of referral receipt (Ark. Admin. Code 005.18.10-001, §4.03).
Evaluation completed within 60 calendar days of written parental consent (§6.03.1.1).
EPC (eligibility determination) within 30 calendar days of completing the evaluation (§8.04.2.1.B).
Reevaluation at least every three years unless parent and LEA agree it is unnecessary (34 CFR 300.303).