Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State Special Education Rights

IEP Rights in Arkansas

Q: What PTI center serves Arkansas families?

Arkansas Disability Rights (formerly Arkansas PACER) and Arkansas Parent Training and Information (Ar-PTI) provide free support, training, and advocacy information for families navigating special education.

Arkansas families have rights under federal IDEA and Arkansas Special Education Rules, administered by the Arkansas Division of Elementary and Secondary Education. Here is what to know.

Meghan Moore, BCBA, M.A. Special Education

Arkansas Special Education Law

Arkansas students with disabilities are protected by federal IDEA and the Arkansas Special Education Rules (Rules Governing Special Education and Related Services), administered by the Arkansas Division of Elementary and Secondary Education (DESE), Special Education Unit. Arkansas follows the federal 60-calendar-day evaluation timeline.

Evaluation Timeline: 60 Calendar Days

Once you provide written consent for an initial evaluation, Arkansas districts have 60 calendar days to complete all assessments and hold an eligibility meeting. This is a firm deadline. Schools cannot use summer break to pause the clock unless they have a documented policy disclosed to you in advance.

If the school suspects your child may have a disability but you have not formally requested an evaluation, the school has a Child Find obligation to initiate that process. You do not have to wait for the school to contact you, and you can put your request for evaluation in writing at any time.

IEP Development and Annual Review

After eligibility is confirmed, the IEP must be developed and in place as soon as possible. Annual reviews are required every 12 months. You can request an IEP meeting at any time if you believe changes are needed.

Required IEP team members: the parent, a general education teacher (if applicable), a special education teacher or provider, a district representative authorized to commit resources, a person who can interpret evaluation results, the student (where appropriate), and any others invited by the parent or school.

Triennial Reevaluation

Arkansas requires reevaluation at least every three years. With written agreement, the parent and district can waive formal testing if both agree existing data is sufficient. Even with a waiver, the team must review data and confirm continued eligibility.

Least Restrictive Environment

Arkansas requires placement with nondisabled peers to the maximum extent appropriate. Removal from general education must be justified and documented in the IEP. The full continuum of placement options must be available.

Transition Planning

Arkansas follows the federal IDEA requirement: transition planning must begin by age 16. The IEP must include measurable postsecondary goals, transition services, and a course of study. The student must be invited to all IEP meetings that include transition planning. Arkansas Rehabilitation Services (ARS) coordinates with schools on transition services.

Parent Rights and Procedural Safeguards

Arkansas must provide you with your procedural safeguards notice at initial referral, at each annual IEP, when you request a copy, and when you file a complaint or request due process. You have the right to an IEE at public expense if you disagree with the district's evaluation. The district must either fund the IEE or initiate due process to defend its own assessment.

Dispute Resolution Options

State Complaint: File a written complaint with the DESE Special Education Unit. The state has 60 calendar days to investigate. Complaints must be filed within one year of the alleged violation.

Mediation: Arkansas offers free voluntary mediation through DESE. Both parties must agree to participate. Mediation agreements are legally binding.

Due Process: Due process hearings in Arkansas are conducted through DESE. The two-year statute of limitations applies. After filing, the district has 15 days to hold a resolution meeting (unless waived), followed by a 30-day resolution period.

Arkansas Special Education Resources

Arkansas DESE Special Education Unit: (501) 682-4221 | dese.ade.arkansas.gov, state oversight, complaint procedures, and policy resources.

Arkansas Parent Training and Information (Ar-PTI): (800) 223-1330 | arshines.org, federally funded PTI center providing free training, support, and information for Arkansas families navigating special education.

Disability Rights Arkansas: (501) 296-1775 | disabilityrightsark.org, free legal advocacy for Arkansans with disabilities, including special education matters.

Frequently Asked Questions

How long does Arkansas have to evaluate my child for special education?

Arkansas must complete the initial evaluation and hold an eligibility meeting within 60 calendar days of receiving your signed consent for evaluation.

How do I file a special education complaint in Arkansas?

File a written complaint with the Arkansas Division of Elementary and Secondary Education, Special Education Unit. The state has 60 calendar days to investigate and issue a decision.

What PTI center serves Arkansas families?

Arkansas Parent Training and Information (Ar-PTI) provides free support, training, and advocacy information for families navigating special education in Arkansas.