REVISED 01/21/10
This is a revision of Commissioner’s Memo COM-10-086:
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 appropriate testing. Appropriate testing includes a comprehensive eye examination by an optometrist or ophthalmologist and must result in a finding that child has difficulty with sensory processing in reaction to oversensitivity to full spectrum light. A copy of the test results 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 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 gayle.potter@arkansas.gov, or Marcia Harding at 501-682-4221 or marcia.harding@arkansas.gov with any questions.