ADE Director's Communication Memo Form

Memo Number : COM-09-144

Date Created : 03/30/2009


Co-op Directors
other: All Principals
LEA Supervisors
EC Coordinators

Type of Memo: Administrative
Response Required: No
Section:   Central Administration - Dr. Diana Julian, Deputy Commissioner
Special Ed Programs: Filing a Due Process Hearing Request

Regulatory Authority:
20 U.S.C.A. Section 1400, et seq.

Contact Person:
Mr. Danny Reed, Compliance Specialist

Phone Number:


During the week of October 27, 2008, staff of the Office of Special Education Programs (OSEP), United States Department of Education (USDOE), conducted a verification visit to the Arkansas Department of Education (ADE) as part of its Continuous Improvement and Focused Monitoring System (CIFMS) for ensuring compliance with, and improving performance under, Part B and Part C of the Individuals with Disabilities Education Act (IDEA). Specifically, the purpose of the verification visit was to verify the effectiveness of the State’s systems for general supervision (including Dispute Resolution systems), collection of State-reported data, and fiscal management, as well as the State’s systems for improving child and family outcomes and protecting child and family rights.

While the State was found to have procedures in place to ensure the timely resolution of State complaints and due process hearings in accordance with IDEA requirements, the State did not demonstrate compliance with requirements regarding the voluntary use of the State’s model due process hearing forms (34 CFR §300.509(a)), the transmittal of findings and decisions to the State advisory panel (34 CFR §300.513(d)(1)), and making findings and decisions available to the public of due process hearings (34 CFR § 300.513(d)(2)).

The purpose of this Commissioner’s Memo is to inform public education agency personnel and the public that the Arkansas Department of Education no longer requires the use of the model form for filing a due process hearing request with the State’s Special Education Unit. While the form is still available for use if a public education agency or parent/guardian wishes to use it, use of the model form is not required.

Any reference to the form as being an “ADE Required Form” will be removed from the State’s rules. It is expected, however, that a public education agency or parent/guardian will continue to provide all information required by 34 CFR § 300.508(b) when filing a special education due process complaint to request a hearing.


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