Home Table of Contents

005.18.6-6.06. Determination of Eligibility.

AR ADC 005.18.6-6.06Arkansas Administrative Code

West's Arkansas Administrative Code
Title 005. Department of Education
Division 18. Special Education and Related Services
Rule 6. Evaluation - Eligibility Criteria
Ark. Admin. Code 005.18.6-6.06
005.18.6-6.06. Determination of Eligibility.
Currentness
6.06.1 Upon completing the administration of tests and other evaluation measures-
6.06.1.1 Within thirty (30) calendar days, an Evaluation/Programming Conference must be conducted.
6.06.1.2 A group of qualified professionals and the parent of the child must determine whether the child is a child with a disability, as defined in 34 CFR 300.8, in accordance with paragraph 6.09 of this section and the educational need of the child; and
6.06.1.3 The public agency must provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.
6.06.2 Special rule for eligibility determination.
6.06.2.1 A child must not be determined to be a child with a disability under this part-
A. If the determinant factor for that determination is-
1. Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA);
2. Lack of appropriate instruction in math; or
3. Limited English proficiency; and
B. If the child does not otherwise meet the eligibility criteria under 34 CFR 300.8(a).
6.06.3 Procedures for determining eligibility and educational need.
6.06.3.1 In interpreting evaluation data for the purpose of determining if a child is a child with a disability under 34 CFR 300.8, and the educational needs of the child, each public agency must -
A. Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior; and
B. Ensure that information obtained from all of these sources is documented and carefully considered.
6.06.3.2 If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with 34 CFR 300.320 through 300.324.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.6-6.06, AR ADC 005.18.6-6.06
End of Document