ADE Director's Communication Memo Form

Memo Number : ACC-00-045

Date Created : 03/09/2000


Co-op Directors
Secondary Principals
Elementary Principals
Middle School Principals
High School Principals
other: L

Type of Memo: Regulatory
Response Required: Yes
Section:   Accountability - Dr. Charity Smith
Rule and Regs Governing Special Education & Related Services

Regulatory Authority:
Public Law 94-142, as amended

Contact Person:
Diane Sydoriak/Marcia Harding

Phone Number:


The purpose of this memorandum is to provide public notice that the Arkansas Department of Education (ADE), Special Education Unit, proposes to change certain of its rules and regulations governing the education of children with disabilities, ages 3 - 21, for compliance with Public Law 105-17, the Individuals with Disabilities Education Act (IDEA) Amendments of 1997 and its implementing regulations at 34 Code of Federal Regulations Part 300 published March 12, 1999. Since August, 1997 the Special Education Unit has disseminated information necessary for public agencies to comply with the IDEA and its subsequent regulations. Due to the volume of changes, the Special Education Unit postponed revision and reprinting of its regulatory documents to ensure that, to the best of its ability, all changes could be incorporated at one time.

The two (2) regulatory documents, Referral, Placement and Appeal Procedures: Special Education and Related Services, 1993 and Program Standards and Eligibility Criteria for Special Education and Related Services, 1993 are being replaced by two new documents. The new documents are entitled Special Education and Related Services: Procedural Requirements and Program Standards and Special Education Eligibility Criteria and Program Guidelines for Children with Disabilities, Ages 3 - 21.

To make the documents easier to use -

1. Each document is divided into Sections.

2. The content has been changed from a narrative to a codified format.

3. To the extent possible, the language in the federal statute and regulations has been used and referenced.

4. Other ADE regulations that also apply to the education of children with disabilities are included for easy reference.

5. All regulations and or administrative policies that have been disseminated via Director's Memoranda that were enacted after the 1993 printing of the existing regulations have been incorporated into the new documents.

6. Other documents, such as the "Questions and Answers: Interpretation of the IEP from Appendix A of 34 Code of Federal Regulations Part 300," Guidelines for the Use of Speech-Language Pathology Assistants and Speech-Language Pathology Aides, Guidelines for School-Based Day Treatment, etc., have been included for easy reference.

To facilitate public review and comment the following are being provided:

1. A copy of the table of contents for each of the new documents with those Sections highlighted that are open for public review and comment. (Print copy attached.)

2. A copy on the Arkansas Department of Education web site of each Section within each document that is open for public review and comment. The web site address is: Instructions for downloading the file are as follows:

A copy of this document is available for review in a PDF format. You must have Acrobat Reader to be able to download and access this file. Acrobat Reader is free software that can be obtain by visiting the web site. Please read the complete directions for downloading the file. When downloading Acrobat Reader it is important that you make note of the location the file is being saved. After the Acrobat Reader has successfully downloaded you will need to install the program. From the Windows Start button, choose the run option. Enter the location of the file (example: c:/program files/acrobat) or you can use the browse option to locate the file on your hard drive. After locating the file choose open and the program will self install. When installation is successfully completed, return to to access the file. Please be patient. This file is very large and will take some time to download.

3. A print copy for on-site review at each of the 15 educational services cooperatives, the Disability Rights Center, the Disability Coalition office, the Developmental Disabilities Council office and the Arkansas Special Education Resource Center. (See attached list for locations.)

4. A copy of the document "A Guide to the Arkansas Department of Education Proposed Regulatory Changes Governing the Provision of Special Education and Related Services to Children with Disabilities, Ages 3 - 21." (Print copy attached.)

To comply with both the State and federal Administrative Procedures Acts, these proposed changes are subject to public review until May 5, 2000. Written comments may be submitted to:

Dr. Diane Sydoriak, Associate Director
Special Education Unit
Arkansas Department of Education
Room 105 - C
# 4 Capitol Mall
Little Rock, AR 72201-1071

The schedule for Public Hearings is listed below. Interpreters will be provided upon request. Such a request must be made at least seven (7) business days prior to the public hearing the individual wishes to attend. Individuals requesting an interpreter must contact Ms. Marie Dukes at (501) 682-4221.

March 27, 2000 Little Rock, AR
1:00 PM - 3:00 PM
Auditorium, Arkansas School for the Blind
2800 West Markham

March 28, 2000 Jonesboro, AR
10:00 AM - Noon
Jonesboro Public Schools
Central Office Board Room
1307 Flint Street

March 31, 2000 Monticello, AR
10:00 AM - Noon
Drew Central School Auditorium
440 Hwy 83 South

April 5, 2000 Hope, AR
1:00 PM - 3:00 PM
Southwest Educational Services Cooperative
500 S. Spruce Street

April 6, 2000 Ft. Smith, AR
10:00 AM - Noon
Ft. Smith Public Schools Service Center
3205 Jenny Lind


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