Services for children determined in another state to be eligible for services due to behavioral disability

  1. Law
  2. Arkansas Code
  3. Education
  4. Special Educational Programs
  5. Children with Disabilities
  6. General Provisions
  7. Services for children determined in another state to be eligible for services due to behavioral disability

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  1. (a) This section applies to a child who:

    1. (1) Enrolls for the first time in special education services at an Arkansas public school; and

    2. (2) Has been previously determined by a school district in another state to be eligible for special education services due to a behavioral disability.

  2. (b) The Arkansas public school district shall conduct an evaluation of the child consistent with federal and state rules to determine the appropriate special education disability category recognized in this state, if any.

  3. (c)

    1. (1) If a child with a disability who had an individualized education program that was in effect in a previous public agency in another state transfers to a public agency in this state and enrolls in a new school within the same school year, the new public agency in consultation with the parents must provide the child with free appropriate public education including services comparable to those described in the child's individualized education program from the previous public agency until such time as the new public agency:

      1. (A) Conducts an evaluation pursuant to 34 C.F.R. § 300.304 through 34 C.F.R. § 300.306, if determined to be necessary by the new public agency; and

      2. (B) Develops, adopts, and implements a new individualized education program, if appropriate, that meets the applicable requirements in 34 C.F.R. § 300.320 through 34 C.F.R. § 300.324.

    2. (2) If the child's behavior results in an out-of-school suspension of ten (10) or more consecutive or nonconsecutive days or an expulsion during the period of time the child receives special education services under the disability category of behavioral disability, the child's individualized education program team shall meet to review the child's individualized education program, including the behavioral needs of the child and the current placement of the child, consistent with federal and state rules dealing with special education and related services.

  4. (d) The Division of Elementary and Secondary Education shall have the authority to promulgate rules as necessary to carry out the provisions of this section.


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