Superintendents
Co-op Directors
Secondary Principals
Elementary Principals
Middle School Principals
High School Principals
other: LEAs
ECs

Regulatory Authority:
Public Law 105-17 and 34 CFR 300.146

Phone Number:
501-682-4225

E-mail:
mcrowley@arkedu.k12.ar.us

The Individuals with Disabilities Education Act (IDEA) Amendments of 1997 and implementing regulations at 34 Code of Federal Regulations (CFR)
§ 300.146 require that States examine data on suspension and expulsion rates of students enrolled in the public schools to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities. If discrepancies are occurring, the State education agency reviews and, if appropriate, revises [or requires the affected State agency or local education agency (LEA) to revise] its policies, procedures, and practices relating to the development and implementation of IEPs, the use of behavioral interventions, and procedural safeguards to ensure that these policies, procedures, and practices comply with the Act. The Arkansas Department of Education (ADE) must conduct this analysis of suspension/expulsion rates among LEAs on an annual basis and notify those LEAs found to have a significant discrepancy of the requirement to address this issue.

The ADE, Special Education Unit, as a required component of its federal Biennial Performance Report, has provided the Office of Special Education Programs, United States Department of Education, with an analysis of suspension and expulsion rates in Arkansas's schools based on a comparison of the rates of long-term suspensions and expulsions of children with disabilities among LEAs in the State, using data collected by the State as reported by the LEAs for the 2000-2001 school year. A standard deviation of 3.56 percent was determined, and a significant discrepancy level was defined as two standard deviations from the mean or 7.12 percent.

Those LEAs found to have a significant discrepancy as a result of this analysis will be notified of this finding by the Special Education Unit within the next two weeks. The identified LEAs will be required to address the issue in the manner described in the attachment to this memorandum, which describes the analysis process used and the process to be implemented when a significant discrepancy has been identified within an LEA.