ADE Director's Communication Memo Form

Memo Number : COM-10-086

Date Created : 11/17/2009


Co-op Directors
Secondary Principals
Elementary Principals
other: District Test Coordinators

Type of Memo: Informational
Response Required: No
Section:   Central Administration - Dr. Diana Julian, Deputy Commissioner
Color Overlays on State-Mandated Assessments

Regulatory Authority:
Ark. Code Ann. § 6-41-407

Contact Person:
Gayle Potter; Marcia Harding

Phone Number:


In accordance with Act 1460 of the Regular Session of 2009, a child must be allowed to use color overlays to alter the contrast between the words and the page on a state-mandated assessment if evaluated through a comprehensive eye examination by an optometrist or ophthalmologist and found to be oversensitive to full spectrum light. A copy of the results of this comprehensive eye examination requiring the use of the color overlays during a state mandated assessment shall be kept on file at the local school district.

Neither the Arkansas Department of Education (ADE) nor school districts are responsible for the cost of the comprehensive eye examination required by this Act.

Oversensitivity to full spectrum light is not recognized as a disability under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act. Therefore, this condition would not constitute the basis for, or be included in, a student’s Individualized Education Program (IEP) or a Section 504 Services Plan.

Please contact either Dr. Gayle Potter at 501-682-4558 or, or Marcia Harding at 501-682-4221 or with any questions.


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