(a) Statutory authority.

1. (1) Arkansas Code § 6-41-203 defines “a child with disabilities” as an individual between the ages of three (3) and twenty-one (21) years who, because of mental, physical, emotional, or learning disabilities, requires special education services as defined by the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.

2. (2)

   1. (A) The federal Individuals with Disabilities Education Act requires that states, as a condition of eligibility to receive federal funds under Part B of the act, provide special education and related services to eligible children with disabilities beginning at age three (3).
   2. (B) The requirements are addressed in Part B, Section 619 of the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.).

(b) Applicability.

1. (1) This subpart is applicable to all public agencies providing special education and related services to eligible children with disabilities, ages three (3) through five (5).
2. (2) Rules applicable to children ages three (3) through twenty-one (21), as set out in other sections of this part, must be followed by all public agencies providing special education and related services to children with disabilities ages three (3) through five (5), unless indicated as applicable only to children from five (5) to twenty-one (21) years of age.