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005.18.37-3. Guidelines for Registration, Training, Scope of Responsibilities, Supervision and ...

AR ADC 005.18.37-3Arkansas Administrative Code

West's Arkansas Administrative Code
Title 005. Department of Education
Division 18. Special Education and Related Services
Rule 37. Part III: Program Guidelines
Ark. Admin. Code 005.18.37-3
005.18.37-3. Guidelines for Registration, Training, Scope of Responsibilities, Supervision and Review of Speech-language Assistants and Aides.
I. DEFINITIONS
A. SPEECH-LANGUAGE PATHOLOGY ASSISTANT - A speech-language pathology assistant (SLP-Assistant) is an individual who, following academic and on-the-job training, performs tasks as prescribed, directed, and supervised by master's level speech-language pathologists certificated/licensed by the Arkansas Department of Education (ADE) or licensed by the Arkansas Board of Examiners in Speech-Language Pathology and Audiology (ABESPA).
B. SPEECH-LANGUAGE PATHOLOGY AIDE - A speech-language pathology aide (SLP-Aide) is an individual with a high school diploma/equivalent (GED) and on-the-job training who performs tasks as prescribed, directed, and supervised by master's level speech-language pathologists certificated/licensed by the ADE or licensed by ABESPA.
C. SUPERVISING SPEECH-LANGUAGE PATHOLOGIST - A speech-language pathologist who holds a current ABESPA license or a valid certificate/license initially issued by the ADE prior to August 1, 1997 and has two (2) years of full-time professional speech-language pathology experience, after completion of the paid professional experience (CF)* Thereafter, individuals who are issues initial speech-language pathology certification/licensure by the ADE after August 1, 1997, shall be required to hold ABESPA licensure.
*In geographic areas of the State where there is a documented shortage of speech-language pathologists, school districts must submit a proposal and receive approval to allow a speech-language pathologist who holds the required credentials but does not meet the requirement for professional speech-language pathology experience to supervise speech-language pathology assistants and aides (see requirements for supervising speech-language pathologist).
D. DIRECT SUPERVISION - Direct supervision means on-site, in-view observation and guidance by a speech-language pathologist while an assigned clinical activity is performed by a speech-language assistant or speech-language pathology aide.
E. INDIRECT SUPERVISION - Indirect supervision means those activities other than direct observation and guidance conducted by a speech-language pathologist that may include demonstration, record review, review and evaluation of audio- or video-tapes sessions, and/or interactive television.
F. SCREENING - A pass-fail procedure to identify people who may require further assessment.
II. REQUIREMENT FOR A SPEECH-LANGUAGE PAHTOLOGY ASSISTANT/AIDE
A. A speech-language pathology assistant must:
1. Complete a bachelor's degree in speech-language pathology; OR
2. Complete a speech-language pathology assistant training program culminating in an Associates Degree from an institution accredited by the Arkansas Department of Higher Education. Programs must meet the specified curriculum content and fieldwork experience listed below. Applicants from out of state will be reviewed on a case-by-case basis to ensure equivalency.
a. Curriculum Content
The curriculum must be consistent with the ASHA-approved Criteria for the Registration of Speech-Language Pathology Assistants (Section III-A)
The curriculum content must include 60 semester credit hours with the following content:
• 20-40 semester credit hours in general education
• 20-40 semester credit hours in technical content areas
• a minimum of 100 clock hours fieldwork experience*
b. General education (20-40 semester credit hours)
The general education sequence should include, but is not limited to, the following:
• oral and written communication
• mathematics
• computer applications
• social and natural sciences
c. Technical knowledge (20-40 semester credit hours)
Course content must provide students with knowledge and skills to assume the job responsibilities and core technical skills for speech-language pathology assistants, and must include the following:
• overview of normal processes of communication
• overview of communication disorders
• instruction in assistant-level service delivery practices
• instruction in workplace behaviors
• cultural and linguistic factors in communication
• observation
• fieldwork experiences
d. The program describes how course content provides instruction in the following workplace behaviors of the speech-language pathology assistant:
• relating to clients/patients in a supportive manner
• following supervisor's instructions
• maintaining confidentiality and other appropriate workplace behaviors
• communicating in oral and written forms
• following health and safety precautions
* Fieldwork Experience
The minimum of 100 hours of field work experience must provide the student with opportunities for carrying out speech-language pathology assistant responsibilities. This training must be supervised by a speech-language pathologist who holds a current and valid license from ABESPA or the ASHA Certificate of Clinical Competence (CCC) in Speech-Language Pathology. These experiences are not intended to develop independent practice.
3. meet continuing education requirements of ten (10) clock hours annually pertaining to the designated duties of the SLP-Assistant
B. A speech-language pathology aide must:
1. hold a high school diploma or equivalent (GED)
2. demonstrate competency in oral and written communication skills
3. complete a minimum of forty (40) clock hours of inservice training during the initial year of employment pertaining to the duties of the SLP-Aide
4. during subsequent years of employment, complete continuing education requirements of ten (10) clock hours annually pertaining to the designated duties of the SLP-Aide.
III. REQUIREMENTS FOR A SUPERVISING SPEECH-LANGUAGE PATHOLOGIST
A. A supervising speech-language pathologist:
1. must hold a Master's Degree in Speech-Language Pathology; have two (2) years of full-time professional speech-language pathology experience, after completion of the paid professional experience (CF)*; and hold a current ABESPA license or a valid certificate/license initially issued by the ADE prior to August 1, 1997. Thereafter, individuals who are issued initial speech-language pathology certification/licensure by the ADE after August, 1997, shall be required to hold ABESPA licensure in order to supervise speech-language pathology assistants and aides.
2. may not supervise more than two (2) full-time or three (3) part-time assistants/aides. Three (3) part-time assistants/aides may not exceed the number of work hours for two (2) full-time assistants/aides or 80 hours.
3. must institute a training program for each assistant/aide encompassing all the procedures to be performed. Documentation of such training in format substance acceptable to the ADE shall be retained in the assistant's or aide's file.
4. must inform the parent or legal guardian about the use of an assistant/aide and document informed consent.
5. must provide and document appropriate supervision of the assistant/aide.
6. is required to maintain original documents related to supervision and training for three (3) years and submit document(s) upon request by the ADE within thirty (30) days of the request.
*In geographic areas of the State where there is a documented shortage of speech-language pathologists, school districts must submit a proposal and receive approval to allow a speech-language pathologist who holds the required credentials but does not meet the requirement for professional speech-language pathology experience to supervise speech-language pathology assistants and aides. The local education agency must document that a good faith effort has been made to recruit and hire appropriately and adequately trained speech-language pathologists. Subsequent to approval by the Arkansas Department of Education, the state consultant for speech-language pathology or a speech-language pathologist who provides training for supervisors and support personnel will monitor and provide additional training for the supervising speech-language pathologist. Monitoring activities will include at least 4 on-site visits and monthly review of supervision documentation:
1. After initial group training for supervisors, the supervising speech-language pathologist will be provided individualized on-site training sessions which address the use of a speech-language pathology assistant/aide.
2. The supervising speech-language pathologist must provide the following for review monthly:
a. direct supervision record
b. indirect supervision log
c. treatment plans/reliability checks
d. summary of training activities for the speech-language pathology assistant/aide
B. Although the speech-language pathologist may delegate specific tasks to the speech-language pathology assistant or speech-language pathology aide, the legal (i.e., professional liability) and ethical responsibility to the patient/client for all services provided or omitted cannot be delegated; it must remain the full responsibility of the supervising speech-language pathologist.
IV. SUPERVISION GUIDELINES FOR A SPEECH-LANGUAGE PATHTOLOGY ASSISTANT
A. A total of at least 30% direct and indirect supervision is required and must be documented for the first ninety (90) workdays. (For a 40-hour work week, this would be 12 hours for both direct and indirect supervision.) Documented direct supervision shall be required no less than 20% of the actual student contact time weekly for each speech-language pathology assistant. During each week, data on every student seen by the speech-language pathology assistant must be reviewed by the supervisor. In addition, the 20% direct supervision must be scheduled so that all students seen by the assistant are directly supervised in a timely manner. Supervision days and time of day (morning/afternoon) must be alternated to ensure that all students receive direct contact with the speech-language pathologist at least once every two (2) weeks. Information obtained during direct supervision must include data relative to (a) agreement (reliability) between the assistant and the supervisor on correct/incorrect recording of target behavior, (b) accuracy in implementation of screening and treatment procedures, (c) accuracy in recording data, and (d) ability to interact effectively with the student.
B. Indirect supervision is required no less than 10% of the actual student contact time and may include demonstration, record review, review and evaluation of audio- or video-taped sessions, interactive television, and/or supervisory conferences that may be conducted by telephone. Treatment data must be reviewed at least weekly or every five (5) sessions for each student. The speech-language pathologist will review each session plan as needed for timely implementation modifications.
C. After the initial ninety (90) day work period, the amount of supervision may be adjusted depending on the competency of the assistant, the needs of the students served, and the nature of the assigned tasks. The minimum is 20% documented supervision, with no less than 10% being direct supervision. (For a 40-hour work week, this is 8 hours of supervision, at least 4 of which is direct supervision.) Supervision days and time of day (morning/afternoon) must be alternated to ensure that all students receive direct contact with the speech-language pathologist at lease once every two (2) weeks.
D. A supervising speech-language pathologist must be able to be reached by personal contact, phone, pager, or other immediate means at all times when direct student care is being rendered. If, for any reason (i.e., extended leave, illness, change of jobs), the supervisor is no longer available to provide the level of supervision stipulated, the speech-language pathology assistant may not perform direct student care until a speech-language pathologist has been designated as the speech-language pathology assistant's supervisor and the ADE has been notified.
E. Whenever the SLP-Assistant's performance is judged by the supervising speech-language pathologist to be unsatisfactory over two (2) consecutive observations, the SLP-Assistant shall be retrained in the necessary skills and direct observations shall be increased to 50% of all clinical sessions until the SLP-Assistant's performance is judged to be satisfactory over two (2) consecutive observations.
V. SCOPE OF RESPONSIBILITIES OF THE SPEECH-LANGUAGE PATHOLOGY ASSISTANT
A. Provided that the training, supervision, documentation and planning are appropriate (i.e., consistent with these guidelines), the following tasks may be designated to a speech-language pathology assistant:
1. Conduct speech-language screenings (without interpretation) following specified screen-ing protocols developed by the supervising speech-language pathologist.
2. Provide routine maintenance/generalization tasks as prescribed by the supervising speech-language pathologist. The SLP shall be solely responsible for performing all tasks associated with the assessment and diagnosis of communication and swallowing disorders, for design of all intervention plans, and for directly implementing such plans through the acquisition stage of intervention.
3. Follow documented treatment plans or protocols developed by the supervising speech-language pathologist, not to exceed the activities delineated in #2 above.
4. Perform pure-tone hearing screenings (without interpretation).
5. Document student progress toward meeting established objectives as stated in the treatment plan, and report this information to the supervising speech-language pathologist.
6. Assist the speech-language during assessment of students, such as those judges to be difficult to test.
7. Assist with informal documentation (e.g., tallying notes for the speech-language pathologist to use), prepare materials, and assist with other clerical duties as directed by the speech-language pathologist.
8. Perform checks and maintenance of equipment.
9. Participate with the speech-language pathologist in research project, in-service training, and public relations programs.
B. There is a potential for possible misuse of the speech-language pathology assistant, particularly when responsibilities are delegated by administrative staff or nonclinical staff without the knowledge and approval of the supervising speech-language pathologist. Therefore, the speech-language pathology assistant should not perform any task without the express knowledge and approval of the supervising speech-language pathologist.
An individual's communication or related disorder or other factors may preclude the use of services from anyone other than the licensed/certificated speech-language pathologist.
The SLP-Assistant may not:
1. Perform standardized or non-standardized diagnostic tests, formal or informal evaluation, or interpret test results;
2. Perform intervention tasks associated with skill acquisition;
3. Participate in parent conferences, case conferences, or in any interdisciplinary team without the presence of the supervising speech-language pathologist or other ASHA-certified speech-language pathologist designated by the supervising speech-language pathologist;
4. Provide student or family counseling;
5. Write, develop, or modify a student's individualized education program (IEP) in any way;
6. Assist with students without following the IEP as prepared by the speech-language pathologist or without access to supervision (See Supervision Guidelines);
7. Sign any formal documents (e.g., treatment plans, reimbursement forms, or reports). (The assistant may sign treatment notes for review and co-signature by the supervising professional.);
8. Select students for services;
9. Discharge a student from services;
10. Disclose clinical or confidential information either orally or in writing to anyone not designated by the supervising speech-language pathologist;
11. Make referrals for additional services;
12. Communicate with the student, family or others regarding any aspect of the student status regarding diagnosis, prognosis, treatment, and progress;
13. Represent himself or herself as a speech-language pathologist.
VI. SUPERVISION GUIDELINES FOR A SPEECH-LANGUAGE PATHOLOGY AIDE
A. 100% direct on-site, in-view supervision is required for the first ten (10) hours of direct student contact.
B. A total of at least 50% direct and indirect supervision is required and must be documented for the next ninety (90) workdays. (For a 40 hour work week, this would be 20 hours for both direct and indirect supervision.) Documented direct supervision shall be required no less than 30% of the actual student contact time weekly for each speech-language pathology aide. During each week, data on every student seen by the speech-language pathology aide must be reviewed by the supervisor. In addition, the 30% direct supervision must be scheduled so that all students seen by the aide are directly supervised in a timely manner. Supervision days and time of day (morning/afternoon) must be alternated to ensure that all students receive direct contact with the speech-language pathologist at least once every two (2) weeks. Information obtained during direct supervision must include data relative to (a) agreement (reliability) between the aide and the supervisor on correct/incorrect recording of target behavior, (b) accuracy in implementation of screening and treatment procedures, (c) accuracy in recording data, and (d) ability to interact effectively with the student.
C. Indirect supervision is required no less than 20% of the actual student contact time and may include demonstration, record review, review and evaluation of audio-or video-taped sessions, interactive television, and/or supervisory conferences that may be conducted by telephone. Treatment data must be reviewed at least weekly for each case. The speech-language pathologist will review each session plan as needed for timely implementation of modifications.
D. After the initial ninety (90) day work period, the amount of supervision may be adjusted depending on the competency of the aide, the needs of the students served, and the nature of the assigned tasks. The minimum is 40% documented supervision, with no less than 30% being direct supervision. (For 40-hour work week, this is 16 hours of supervision, at least 12 of which is direct supervision.) Supervision days and time of day (morning/afternoon) must be alternated to ensure that all students receive direct with the speech-language pathologist at least once every two (2) weeks.
E. A supervising speech-language pathologist must be able to be reached by personal contact, phone, pager, or other immediate means at all time when direct student care is being rendered. If, for any reason (i.e., extended leave, illness, change of jobs), the supervisor is no longer available to provide the level of supervision stipulated, the speech-language pathology aide may not perform direct student care until a speech-language pathologists has been designated as the speech-language pathology aide's supervisor and the ADE has been notified.
F. Whenever the SLP-Aide's performance is judged by the supervising speech-language pathologist to be unsatisfactory over two (2) consecutive observations, the SLP-Aide shall be retrained in the necessary skills and direct observations shall be increased to 50% of all clinical sessions until the SLP-Aide's performance is judged to be satisfactory over two (2) consecutive observations.
VIII. SCOPE OF RESPONSIBILITIES OF THE SPEECH-LANGUAGE PATHOLOGY AIDE
A. Provided that the training, supervision, documentation and planning are appropriate (i.e., consistent with these guidelines), the following tasks may be designated to a speech-language pathology aide:
1. Conduct speech-language screenings (without interpretation) following specified screening protocols developed by the supervising speech-language pathologist.
2. Conduct routine activities for the purpose of reinforcement of previously learned material/skills, carried out under a plan of treatment developed and monitored by the supervising speech-language pathologist. The SLP shall be solely responsible for performing all tasks associated with the assessment and diagnosis of communication and swallowing disorders, for design of all intervention plans, and for directly implementing such plans through the acquisition stage of intervention.
3. Follow documented treatment plans or protocols developed by the supervising speech-language pathologist, not to exceed the activities delineated in #2 above.
4. Perform pure-tone hearing screenings (without interpretation).
5. Document student progress toward meeting established objectives as stated in the individualized education program (IEP), and report this information to the supervising speech-language pathologist.
6. Assist the speech-language pathologist during assessment of students, such as those judged to be difficult to test.
7. Assist with formal documentation (e.g., tallying notes for the speech-language pathologist to use), prepare materials, and assist with other clerical duties as directed by the speech-language pathologist.
8. Perform checks and maintenance of equipment.
9. Participate with the speech-language pathologist in research projects, in-service training, and public relations programs.
B. There is a potential for possible misuse of the speech-language pathology aide, particularly when responsibilities are delegated by administrative staff or nonclinical staff without the knowledge and approval of the supervising speech-language pathologist. Therefore, the speech-language pathology aide should not perform any task without the express knowledge and approval of the supervising speech-language pathologist.
An individual's communication or related disorder or other factors may preclude the use of services from anyone other than a licensed speech-language pathologist.
C. The SLP-Aide may not:
1. Perform standardized or non-standardized diagnostic tests, formal or informal evaluation, or interpret test results:
2. Perform intervention tasks associated with skill acquisition;
3. Participate in parent conferences, case conferences, or in any interdisciplinary team without the presence of the supervising speech-language pathologist or other ASHA-certified speech-language pathologist designated by the supervising speech-language pathologist;
4. Provide student or family counseling;
5. Write, develop, or modify a student's IEP in any way;
6. Assist with students without following the IEP prepared by the speech-language pathologist or without access to supervision (See Supervision Guidelines);
7. Sign any formal document (e.g., treatment plans, reimbursement forms, or reports). (The aide may sign treatment notes for review and co-signature by the supervising professional.);
8. Select students for services;
9. Discharge a student from services;
10. Disclose clinical or confidential information either orally or in writing to anyone not designated by the supervising speech-language pathologist;
11. Make referrals for additional services;
12. Communicate with the student, family or others regarding any aspect of the student status regarding diagnosis, prognosis, treatment, and progress.
13. Represent himself or herself as a speech-language pathologist.
VIII. EXCLUSIVE RESPONSIBILITIES OF THE SPEECH-LANGUAGE PATHOLOGIST
A. Complete initial supervision training prior to accepting an assistant/aide for supervision and upgrade supervision training on a regular basis.
B. Participate significantly in hiring the assistant/aide.
C. Document preservice training and credentials of the assistant/aide.
D. Inform students and families about the level (professional vs. support personnel), frequency, and duration of services, as well as supervision.
E. Represent the speech-language pathology team in all collaborative, interprofessional, interagency meetings, correspondence, and reports. This would not preclude the assistant/aide from attending meetings along with the speech-language pathologist as a team member or drafting correspondence and report for editing, approval, and signature by the speech-language pathologist.
F. Make all clinical decisions, including determining a student selection for inclusion/exclusion in the case load, and dismissing students from treatment.
G. Communicate with students, parents, and family members about diagnosis, prognosis, treatment, and progress.
H. Conduct diagnostic evaluation, assessments, or appraisals, and interpret obtained data in reports.
I. Review each treatment plan with the assistant at least weekly or every five (5) sessions. Review each treatment plan with the aide at least weekly.
J. Delegate specific tasks to the assistant/aide while retaining legal and ethical responsibility for all student services provided or omitted.
K. Prepare an individualized treatment plan and make modifications prior to or during implementation.
L. Discuss the case with or refer the students to other professionals.
M. Sign all formal documents (e.g., treatment plans, reimbursement forms, reports). The supervisor should indicate on documents that the assistant/aide performed certain activities.
N. Review and sign all informal progress notes prepared by the assistant/aide.
O. Provide ongoing training to the assistant/aide on the job.
P. Provide and document appropriate supervision of the assistant/aide.
Q. Ensure that the assistant/aide only perform tasks that are within the scope of responsibility of the speech-language pathology assistant/aide.
R. Participate in the performance appraisal of the speech-language pathology assistant/aide.
IX. REGISTRATION OF SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, AIDES AND SUPERVISING SPEECH-LANGUAGE PATHOLOGIST(S)
A. Individuals desiring to register as a speech-language pathology assistant, speech-language pathology aide or supervising speech-language pathologist under these ADE guidelines must submit a completed registration application to the ADE (See Guideline's Attachment), including all required attachments.
B. This registration application must be approved in writing by the ADE before any personnel employed for the purposes established in these ADE guidelines may be engaged in activities associated with a program of speech-language pathology services delivery.
C. Notification of approval/disapproval of the registration application will be forwarded in writing by the ADE to the chief operating officer of the public agency, as well as to the individual designated on the registration application as the local contact person. In programs where this individual is not the supervising speech-language pathologist, notification of approval/disapproval of the registration application will also be forwarded to the supervising speech-language pathologist.
X. INSERVICE TRAINING AND CONTINUING EDUCATION OPPORTUNITITIES PROVIDED BY OR THROUGH THE ARKANSAS DEPARTMENT OF EDUCATION
A. The ADE will ensure that all individuals participating in approved programs for the use of speech-language pathology assistant/aides operating in conjunction with these guidelines shall participate in appropriately designed training prior to the use of support personnel in the delivery of speech-language pathology services. It shall be the responsibility of the public agency to ensure the participation of such personnel in all required training activities. Documentation of each individual's participation must be maintained for review by the ADE.
B. The ADE will provide for, or cause to be provided, appropriate training opportunities for individuals employed as speech-language pathology assistants/aides and supervising speech-language pathologists.
XI. OVERSIGHT MONITORING BY THE ADE OF SPEECH-LANGUAGE PATHOLOGY ASSISTANTS/AIDES AND SUPERVISING SPEECH-LANGUAGE PATHOLOGISTS
A. The ADE shall review and approve all requests by public agencies providing special education services to children and youth to initiate and/or continue to use appropriately supervised SLP Assistant and/or Aides.
B. The ADE shall, as a part of its regular schedule of monitoring public agencies' compliance with special education program standards, regulations and guidelines, review the compliance status of speech-language pathology services (i.e., the use of appropriately supervised SLP-Assistants and/or Aides).
C. The ADE shall aggressively investigate reports of violations of these guidelines, and shall take appropriate action, consistent with its scope of authority under federal and state statute and regulation, in the event that any individual employed for the purposes of working under these ADE guidelines is found to be acting in a manner which violates these guidelines. Furthermore, if an individual who holds ABESPA licensure as a speech-language is found by the ADE to be in violation of these guidelines, the ADE will notify ABESPA of the complaint and findings for consideration under its investigative process.
Name: __________ Date: __________ Page _____ of _____
Courses of Study
List recommended courses to be taken from current year to anticipated exit year. Include those courses needed to assist the child in reaching postsecondary goals.
School Year
Grade Level
List Courses to be taken each year (a 4-year Graduation Plan may be substituted for this section).
Credits Earned
Ages 18-21
Transfer of Rights - Child signs between 16th and 17th birthdays
I have been informed that the rights and procedural safeguards afforded to parents under part B of the Individual with Disabilities Education Act will transfer from my parents to me when I turn eighteen, except that my parents retain the right to receive any notices required under part B.
Child's Signature: _________________________ Date: _______________
Information on Guardianship
I have been informed of my option to seek legal guardianship of my child should he/she be determined incapacitated or incompetent to provide informed consent with respect to his/her education program.
Parent's Signature: _________________________ Date: _______________
Reminder: Summary of Performance
As per the Individuals with Disabilities Education Act, a Summary of Performance is required to be completed and a copy given to the child in his/her final year of school.
ADE SPED REQUIRED FORM REV. JULY 2010
AGES 3-21
INFORMATION FOR PARENTS REGARDING CONSENT
Consent means:
A. You have been fully informed in your native language or other mode of communication (such as sign language, Braille, or oral communication) of all information about the action for which you are giving consent.
B. You understand and agree in writing to that action, and the consent describes that action and lists the records (if any) that will be released and to whom; and
C. You understand that the consent is voluntary on your part and that you may withdraw your consent at any time.
If you wish to revoke (cancel) your consent after your child has begun receiving special education and related services, you must do so in writing. Your withdrawal of consent does not negate (undo) an action that has occurred after you gave your consent but before you withdrew it. In addition, the school district is not required to amend (change) your child's education records to remove any references that your child received special education and related services after your withdrawal of consent.
Confidentiality of Information
A. This public agency is required to obtain written consent before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with paragraph A.1 of this section, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 CFR part 99.
1. Except as provided in paragraph A.2 and A.3 of this section, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this part.
2. Parental consent, or the consent of an eligible child who has reached the age of majority under State law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with 34 CFR 300.321(b)(3).
3. If a child is enrolled, or is going to enroll in a private school that is not located in the LEA of the parent's residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the LEA where the private school is located and officials in the LEA of the parent's residence.
B. You have the rights described in the “Confidentiality of Information” section of “Your Rights Under the IDEA” regarding storage, disclosure to third parties, retention and destruction of personally identifiable information.
C. When a child with a disability reaches the age of majority under State law that applies to all children (except for a child with a disability who has been determined to be incompetent under State law):
1. the public agency must provide any notice required by this section to the child and the parents;
2. the public agency must provide notice that all other right accorded to parents under this part transfer to the child;
3. the public agency must notify the child and the parents of the transfer of rights; and
4. the public agency must provide notice that all the rights accorded to parents under this part transfer to children who are incarcerated in an adult or juvenile State, or local correctional institution.
Consent for Initial Evaluation
A. The public agency cannot conduct an initial evaluation of your child to determine whether your child is eligible under Part B of the IDEA to receive special education and related services without first providing you with prior written notice of the proposed action and obtaining your consent.
B. The public agency must make reasonable efforts to obtain your informed consent for an initial evaluation to decide whether your child is a child with a disability.
C. Your consent for initial evaluation does not mean that you have also given your consent for the public agency to start providing special education and related services to your child.
D. Your school district may not use your refusal to consent to one service or activity related to the initial evaluation as a basis for denying you or your child any other service, benefit, or activity, unless another Part B requirement requires the school district to do so.
E. If your child is enrolled in public school or you are seeking to enroll your child in public school and you have refused to provide consent or failed to respond to a request to provide consent for an initial evaluation, your school district may, but is not required to, seek to conduct an initial evaluation of your child by utilizing the Act's mediation or due process complaint, resolution meeting, and impartial due process hearing procedures. The public agency will not violate its obligations to locate, identify, and evaluate your child if it does not pursue an evaluation of your child in these circumstances.
Parental Consent for Services
A. The public agency must obtain your informed consent before providing special education and related services to your child for the first time.
B. The public agency must make reasonable efforts to obtain your informed consent before providing special education and related services to your child for the first time.
C. If you do not respond to a request to provide your consent for your child to receive special education and related services for the first time, or if you refuse to give such consent, the public agency may not use the procedural safeguards (i.e., mediation, due process complaint, resolution meeting, or an impartial due process hearing) in order to obtain agreement or a ruling that the special education and related services (recommended by your child's IEP Team) may be provided to your child without your consent.
D. If you refuse to give your consent for your child to receive special education and related services for the first time, or if you do not respond to a request to provide such consent or later revoke (cancel) your consent in writing and the public agency does not provide your child with the special education and related services for which it sought your consent, the public agency:
1. Is not in violation of the requirement to make a free appropriate public education (FAPE) available to your child for its failure to provide those services to your child; and
2. Is not required to have an individualized education program (IEP) meeting or develop an IEP for your child for the special education and related services for which your consent was requested.
E. If you revoke (cancel) your consent in writing at any point after your child is first provided special education and related services, then the public agency may not continue to provide such services, but must provide you with prior written notice before discontinuing those services.
Parental Consent for Reevaluations
A. The public agency must obtain your informed consent before it reevaluates your child, unless it can demonstrate that:
1. It took reasonable steps to obtain your consent for your child's reevaluation; and
2. You did not respond.
B. If you refuse to consent to your child's reevaluation, the public agency may, but is not required to, pursue your child's reevaluation by using the mediation, due process complaint, resolution meeting, and impartial due process hearing procedures to seek to override your refusal to consent to your child's reevaluation. As with initial evaluations, the public agency does not violate its obligations under Part B of the IDEA if it declines to pursue the reevaluation in this manner.
C. Your written consent is required before conducting a reevaluation before determining that the child is no longer a child with a disability. However, reevaluation is not required before the termination of a child's eligibility under the IDEA due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law.
Documentation of Reasonable Efforts to Obtain Parental Consent
A. The public agency must maintain documentation of reasonable efforts to obtain your consent for initial evaluations, to provide special education and related services for the first time, to reevaluation and to locate parents of wards of the State for initial evaluations. The documentation must include a record of the public agency's attempts in these areas, such as:
1. Detailed records of telephone calls made or attempted and the results of those calls;
2. Copies of correspondence sent to you and any responses received; and
3. Detailed records of visits made to your home or place of employment and the results of those visits.
Other Consent Requirements
A. Parental consent is not required before -
1. Reviewing existing data as part of your child's evaluation or a reevaluation; or
2. Administering to your child a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.
B. In addition to the parental consent requirements described in paragraph A of this section, a State may require parental consent for other services and activities under this part if it ensures that each public agency in the State establishes and implements effective procedures to ensure that a parent's refusal to consent does not result in a failure to provide the child with FAPE.
C. A public agency may not use your refusal to consent to one of these services or activities under this section as a basis to deny any other service, benefit, or activity of the public agency unless another IDEA Part B requirement requires the public agency to do so.
D. If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the public agency may not use its dispute resolution procedures (i.e., mediation, due process complaint, resolution meeting, or an impartial due process hearing) and the public agency is not required to consider the child as eligible to receive equitable services (services made available to parentally-placed private school children with disabilities).
E. To meet the reasonable efforts requirement of this section, the public agency must document its attempts to obtain parental consent using the procedures in 34 CFR 300.322(d).
ADE SPED REQUIRED FORM REV. JULY- 2010
AGES 3-21
INFORMATION FOR PARENTS REGARDING CONSENT
Consent means:
A. You have been fully informed in your native language or other mode of communication (such as sign language, Braille, or oral communication) of all information about the action for which you are giving consent.
B. You understand and agree in writing to that action, and the consent describes that action and lists the records (if any) that will be released and to whom; and
C. You understand that the consent is voluntary on your part and that you may withdraw your consent at any time.
If you wish to revoke (cancel) your consent after your child has begun receiving special education and related services, you must do so in writing. Your withdrawal of consent does not negate (undo) an action that has occurred after you gave your consent but before you withdrew it. In addition, the school district is not required to amend (change) your child's education records to remove any references that your child received special education and related services after your withdrawal of consent.
Confidentiality of Information
A. This public agency is required to obtain written consent before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with paragraph A.1 of this section, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 CFR part 99.
1. Except as provided in paragraph A.2 and A.3 of this section, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this part.
2. Parental consent, or the consent of an eligible child who has reached the age of majority under State law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with 34 CFR 300.321(b)(3).
3. If a child is enrolled, or is going to enroll in a private school that is not located in the LEA of the parent's residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the LEA where the private school is located and officials in the LEA of the parent's residence.
B. You have the rights described in the “Confidentiality of Information” section of “Your Rights Under the IDEA” regarding storage, disclosure to third parties, retention and destruction of personally identifiable information.
C. When a child with a disability reaches the age of majority under State law that applies to all children (except for a child with a disability who has been determined to be incompetent under State law):
1. the public agency must provide any notice required by this section to the child and the parents;
2. the public agency must provide notice that all other right accorded to parents under this part transfer to the child;
3. the public agency must notify the child and the parents of the transfer of rights; and
4. the public agency must provide notice that all the rights accorded to parents under this part transfer to children who are incarcerated in an adult or juvenile State, or local correctional institution.
Consent for Initial Evaluation
A. The public agency cannot conduct an initial evaluation of your child to determine whether your child is eligible under Part B of the IDEA to receive special education and related services without first providing you with prior written notice of the proposed action and obtaining your consent.
B. The public agency must make reasonable efforts to obtain your informed consent for an initial evaluation to decide whether your child is a child with a disability.
C. Your consent for initial evaluation does not mean that you have also given your consent for the public agency to start providing special education and related services to your child.
D. Your school district may not use your refusal to consent to one service or activity related to the initial evaluation as a basis for denying you or your child any other service, benefit, or activity, unless another Part B requirement requires the school district to do so.
E. If your child is enrolled in public school or you are seeking to enroll your child in public school and you have refused to provide consent or failed to respond to a request to provide consent for an initial evaluation, your school district may, but is not required to, seek to conduct an initial evaluation of your child by utilizing the Act's mediation or due process complaint, resolution meeting, and impartial due process hearing procedures. The public agency will not violate its obligations to locate, identify, and evaluate your child if it does not pursue an evaluation of your child in these circumstances.
Parental Consent for Services
A. The public agency must obtain your informed consent before providing special education and related services to your child for the first time.
B. The public agency must make reasonable efforts to obtain your informed consent before providing special education and related services to your child for the first time.
C. If you do not respond to a request to provide your consent for your child to receive special education and related services for the first time, or if you refuse to give such consent, the public agency may not use the procedural safeguards (i.e., mediation, due process complaint, resolution meeting, or an impartial due process hearing) in order to obtain agreement or a ruling that the special education and related services (recommended by your child's IEP Team) may be provided to your child without your consent.
D. If you refuse to give your consent for your child to receive special education and related services for the first time, or if you do not respond to a request to provide such consent or later revoke (cancel) your consent in writing and the public agency does not provide your child with the special education and related services for which it sought your consent, the public agency:
1. Is not in violation of the requirement to make a free appropriate public education (FAPE) available to your child for its failure to provide those services to your child; and
2. Is not required to have an individualized education program (IEP) meeting or develop an IEP for your child for the special education and related services for which your consent was requested.
E. If you revoke (cancel) your consent in writing at any point after your child is first provided special education and related services, then the public agency may not continue to provide such services, but must provide you with prior written notice before discontinuing those services.
Parental Consent for Reevaluations
A. The public agency must obtain your informed consent before it reevaluates your child, unless it can demonstrate that:
1. It took reasonable steps to obtain your consent for your child's reevaluation; and
2. You did not respond.
B. If you refuse to consent to your child's reevaluation, the public agency may, but is not required to, pursue your child's reevaluation by using the mediation, due process complaint, resolution meeting, and impartial due process hearing procedures to seek to override your refusal to consent to your child's reevaluation. As with initial evaluations, the public agency does not violate its obligations under Part B of the IDEA if it declines to pursue the reevaluation in this manner.
C. Your written consent is required before conducting a reevaluation before determining that the child is no longer a child with a disability. However, reevaluation is not required before the termination of a child's eligibility under the IDEA due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law.
Documentation of Reasonable Efforts to Obtain Parental Consent
A. The public agency must maintain documentation of reasonable efforts to obtain your consent for initial evaluations, to provide special education and related services for the first time, to reevaluation and to locate parents of wards of the State for initial evaluations. The documentation must include a record of the public agency's attempts in these areas, such as:
1. Detailed records of telephone calls made or attempted and the results of those calls;
2. Copies of correspondence sent to you and any responses received; and
3. Detailed records of visits made to your home or place of employment and the results of those visits.
Other Consent Requirements
A. Parental consent is not required before -
1. Reviewing existing data as part of your child's evaluation or a reevaluation; or
2. Administering to your child a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.
B. In addition to the parental consent requirements described in paragraph A of this section, a State may require parental consent for other services and activities under this part if it ensures that each public agency in the State establishes and implements effective procedures to ensure that a parent's refusal to consent does not result in a failure to provide the child with FAPE.
C. A public agency may not use your refusal to consent to one of these services or activities under this section as a basis to deny any other service, benefit, or activity of the public agency, unless another IDEA Part B requirement requires the public agency to do so.
D. If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the public agency may not use its dispute resolution procedures (i.e., mediation, due process complaint, resolution meeting, or an impartial due process hearing) and the public agency is not required to consider the child as eligible to receive equitable services (services made available to parentally-placed private school children with disabilities).
E. To meet the reasonable efforts requirement of this section, the public agency must document its attempts to obtain parental consent using the procedures in 34 CFR 300.322(d).
ADE SPED REQUIRED FORM REV. JULY 2010
AGE 18
NOTIFICATION TO PARENT(S) OF TRANSFER OF RIGHTS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
Date: ___________________________________
Dear: ___________________________________
In accordance with requirements set forth in the Individuals with Disabilities Education Act (IDEA), Part B, this is to notify you that, since your child with a disability has reached the age of majority under State law (age 18) all rights and protections given to you as the parent of a child with disabilities as contained in “Your Rights Under the IDEA” now transfer to (Name of Child) __________.
However, the IDEA provides that you will retain the right along with your child to receive any notices required under Part B.
Furthermore, such transfer of rights and protections also includes children who are incarcerated in an adult or juvenile Federal, State, or local correctional institution.
The IDEA provides that an exception to this requirement may be made when a child with a disability has been determined to be incapacitated or incompetent under State law. In Arkansas, the determination of an individual's incapacitation or incompetence and appointment of a legal guardian for that individual must be done by the appropriate court of law.
___________________________________
Principal/Designee
ADE SPED REQUIRED FORM REV. JULY 2010
AGE 18
NOTIFICATION TO YOUTH OF TRANSFER OF PARENTAL RIGHTS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
Date: ___________________________________
Dear: ___________________________________
In accordance with requirements set forth in the Individuals with Disabilities Education Act (IDEA), Part B, this is to notify you that, since you have reached the age of majority under State law (age 18) all rights and protections previously given to your parent(s) as contained in “Your Rights Under the IDEA” now transfer to you. However, the IDEA provides that your parent(s) will retain the right along with you to receive any notices required under Part B of the IDEA.
For your information, the IDEA provides that such a transfer of rights and protections also includes children and youth who are incarcerated in an adult or juvenile Federal, State, or local correctional institution.
The IDEA provides that an exception to this requirement may be made when a child or youth with a disability has been determined to be incapacitated or incompetent under State law. In Arkansas, the determination of an individual's incapacitation or incompetence and appointment of a legal guardian for that individual must be done by the appropriate court of law.
___________________________________
Principal/Designee
ADE SPED REQUIRED FORM JULY-2010
AGES 3-21
Teacher/School District
Date
_______________
____________
_______
Legal Name of Child/Student
Child/Student ID
DOB
Permission for Consent Prior to Inviting Agencies Related to Transition
Your permission is required to invite outside agencies to an IEP meeting that, if your child is eligible, may provide or pay for transition services that may be essential or at the very least valuable to your child. Based on the student's needs the school has identified the following agencies which may be able to provide beneficial services pending your student qualifying for such services. These agencies will be invited at the appropriate time to either provide more information regarding their services or to begin the actual process of application/provision of services. Please examine these agencies and indicate whether you either do or do not give consent for the school to invite the agency(s). Please refer to the local agency resource list (attached) which describes various community agencies and their services to indicate any other agency you think is appropriate to invite. It is important to note however that even if your permission is granted to provide an invitation to the identified agencies below, the agency representative may not attend.
This permission shall be valid for the following duration. Beginning ___ and shall terminate ___
(permission period should be not longer than current status to anticipated exit date)
Please consider the following agencies the school has identified as potentially important to your child's transition and indicate whether you consent to have the agency(s) invited to your child's iep
YES
NO
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Signature of Parent(s)
Date
_____________________________________________
_______________
Signature of Student (if student has reached the age of majority)
Date
LOCAL AGENCY RESOURCE LIST
Below is a list of some of the more common agencies and a brief description of the services within your community. These agencies and their services may vary throughout the state. If you know of a service provided by an agency in your community that is not listed below, please indicate in the “other” section of the consent form. If you need more information regarding services before deciding to provide consent, please contact your child's special education teacher.
Arkansas Rehabilitation Services (may provide support for attainment of competitive employment and/or specialized instruction or training)
Disability Support Services Representative from college/university/trade school (may provide accommodations for learning)
Developmental Disabilities Services (may provide services through independent case management, community providers, integrated day care, Medicaid waiver, and Human Development Centers)
Community Health Center (may provide for personal therapy, employment support and other mental health needs)
Social Security Administration (may provide for Supplemental Security Income and Medicaid medical coverage)
Project Arkansas Work Incentives (provides information on how work will affect SSI and Medicare/Medicaid benefits; may provide self-supporting plan development and linkages to other agencies for vocational training and job placement)
Department of Workforce Services (may provide employment related services)
Arkansas Work Force Centers (provide locally developed and operated services such as work experience, summer work program and educational opportunities, linking employers and job seekers through a state-wide delivery system.
Local Independent Living Center (may help student develop and independent living plan and provide supports to realize the plan)
Division of Volunteerism (provides supportive volunteer activities statewide and promotes volunteerism as a means of community problem-solving)
Division of Children and Family Services (may provide services for children who are at risk of being abused, neglected, exploited, and who have serious emotional problems)
Division of Services for the Blind (may provide transition services and other vocational rehabilitation services to those persons who are blind or severely visually impaired)
Adult Education/Literacy (These free services provide adults with individualized instruction from certified teachers to improve their basic educational skills)
Local Guardianship Representative (may be a court employee, Guardianship Alliance representative, or Lawyer familiar with guardianship issues/procedures)
Division of County Operations (Responsible for administering many economic programs including ARKids First, Food Stamps and emergency assistance)
The Child and Adolescent Service System Program (CASSP) (service teams available throughout the state may provide development of multi-agency plans of care for children with serious emotional disturbance when the current system is not meeting their needs)
Other (please identify and describe)
Other (please identify and describe)
Other (please identify and describe)
ADE SPED REQUIRED FORM REV. JULY 2010
AGES 3-21
REFERRAL FORM
Child: ____________________ Sex: __________ ID# __________
Race (Check all that apply): ___ Hispanic ___ American Indian/Alaskan Native ___ Asian ___ Black ___ Hawaiian/Pacific Islander ___ White
Date of Birth: _______ Age: _______ Grade: _______ Public Agency: _____
Name of person(s) referring child: _______________ Date: ________
Name and address of parent/guardian:
Phone: (Home) _____ (Work) _____
____________________
Native Language/Mode of Communication of Parent: Empty Checkbox​ English Empty Checkbox​ Other (Specify) _______
____________________
Interpreter Needed? Empty Checkbox​ Yes Empty Checkbox​ No
____________________
Native Language/Mode of Communication of Child: Empty Checkbox​ English Empty Checkbox​ Other (Specify) __________
Description of academic/developmental, and/or behavioral performance which prompted referral:
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Current program: _____________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Please summarize and/or attach any additional information which would assist in determining the nature of the child's developmental/learning problems (pre-referral data/early intervening services including, but not limited to response to intervention by scientifically research based evidence; screening inventories; services; programs; home or classroom behavior checklists; existing medical, social, developmental/educational data; and/or samples of the child's work).
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Has student repeated a grade? Empty Checkbox​ Yes Empty Checkbox​ No, Which grade? _____ Attendance: _____ days absent this school year (K-12)
What strategies/methods have been used to improve academic/developmental, and/or behavioral performance?
_______________________________________________________
_______________________________________________________
What are the child's strengths? ________________________________________
_______________________________________________________
_______________________________________________________
Hearing Screening: Date: _____ Results: _____
Prior Special Education Referral? Empty Checkbox​ Yes Empty Checkbox​ No
Vision Screening: Date: _____ Results: _____
When? __________
_________________________
_________________________
Public Agency Official/Designee Receiving Referral
(Date)
ADE SPED REQUIRED FORM JULY-2010
AGES 3-21
REVOCATION OF PARENTAL CONSENT FOR PLACEMENT
I, (Parent or Guardian) _______, revoke my consent for (Student's Name) _______ to receive special education and related services from (Public Agency) ________.
_______________________________________________________
Parent/Guardian's Signature
_______________________________________________________
Date
CONFIRMATION
Based on your written notice dated ________ to revoke your consent for (Student's Name) ________ to receive special education and related services, the (Public Agency) ________ will not continue to provide such services after providing you with prior written notice, as required by the IDEA, before discontinuing those services.
_______________________________________________________
Public Agency Authorized Representative
_______________________________________________________
Date

Credits

Eff. July 2008. Amended July 30, 2010.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.37-3, AR ADC 005.18.37-3
End of Document