This memorandum is to provide clarification regarding the provision of special education and related services to children with disabilities ages three (3) through five (5), inclusive, in accordance with the provisions of the Individuals with Disabilities Education Act (IDEA), Section 619, Preschool Grants.
Effective immediately, a child five (5) years of age identified as having a disability under the IDEA and meets the age requirement for public school kindergarten enrollment, but the parent/guardian has filed a signed kindergarten waiver form with the local district administrative office [consistent with Arkansas Code Annotated 6-18-201(a)(1)(A) and (B)], or has opted under provisions of Act 29 of the Regular Session of 2009 to not enroll an eligible child in kindergarten, may continue to receive special education and related services as set forth in the child’s Individualized Education Program (IEP) through age five (5). However, upon turning six (6) years of age, the child will no longer be eligible to receive special education and related services in programs supported with IDEA Section 619 preschool funds.