Transition Age Rights in Arkansas
What are the transition age rights for IEP students in Arkansas?
Arkansas sets the transition planning age at 16, consistent with the federal IDEA baseline. The transition IEP must be in effect by the first IEP meeting that applies to the student when the student turns 16 (Ark. Admin. Code 005.18.10-001, §8.08.2.1). Arkansas does NOT require transition planning to begin at age 14, unlike states such as New Jersey (age 14), Connecticut (age 14), and Tennessee (age 14). The IEP team has discretion to begin transition planning earlier than age 16 if determined appropriate for the individual student. At age 18, all procedural rights under IDEA transfer from the parents to the student (§9.07.1.1). Beginning at least one year before the student reaches 18, the IEP must include a statement that the student has been informed of the rights that will transfer at age of majority. FAPE is provided through age 21 (through the end of the school year in which the student turns 21) for eligible students who have not yet received a regular high school diploma.
What Arkansas Requires
Transition planning must begin at age 16 (at the first IEP in effect when the student turns 16), or earlier if the IEP team determines it appropriate — Arkansas follows the federal baseline (Ark. Admin. Code 005.18.10-001, §8.08.2.1).
Beginning at least one year before the student reaches age 18, the IEP must include a statement that the student has been informed of rights that will transfer at age of majority (Ark. Admin. Code 005.18.10-001, §9.07.1.1; 34 CFR 300.320(c)).
At age 18, all IDEA procedural rights transfer from parents to the student under Arkansas law (Ark. Admin. Code 005.18.10-001, §9.07.1.1).
Arkansas does NOT have an earlier transition age requirement — there is no state mandate to begin transition planning at age 14 (Ark. Admin. Code 005.18.10-001, §8.08.2.1).
FAPE is provided to eligible students through age 21; services continue through the end of the school year in which the student turns 21 if they have not yet received a regular diploma (Ark. Code Ann. § 6-41-202 et seq.; Ark. Admin. Code 005.18.10-001, §5.00).
Key Timelines
Transition planning begins at age 16 in Arkansas (Ark. Admin. Code 005.18.10-001, §8.08.2.1).
Age-of-majority notice must be included in the IEP beginning at least one year before the student turns 18 (§9.07.1.1).
All IDEA rights transfer to the student at age 18 in Arkansas (§9.07.1.1).
FAPE is available through age 21 for eligible students who have not graduated with a regular diploma (Ark. Code Ann. § 6-41-202).