1. (a) The State of Arkansas must ensure that all children with disabilities, from three (3) years of age until the end of the school year in which the child turns twenty-one (21) years of age, residing in the state have the right to and availability of FAPE, including children with disabilities who have been suspended or expelled from school.
2. (b) Each public agency must implement child find requirements as set out in 6 CAR § 130-301 et seq., to identify, locate, and evaluate all children with disabilities.
3. (c) The services provided to a child with disabilities under this part must address all of the child’s identified special education and related services needs.
4. (d) The services and placement needed by each child with a disability to receive FAPE must be based on the child’s unique needs and not on the child’s disability.

5. (e)

   1. (1) FAPE for children beginning at age three (3).

   2. (2) Each state must ensure that:

      1. (A) The obligation to make FAPE available to each eligible child residing in the state begins no later than the child's third birthday; and
      2. (B) An IEP is in effect for the child by that date, in accordance with 34 C.F.R. § 300.323(b).
   3. (3) If a child's third birthday occurs during the summer, the child's IEP team must determine the date when services under the IEP will begin.
   4. (4) Limitation. The obligation to make FAPE available to all children with disabilities does not apply with respect to children with disabilities who are eligible under Subpart H of the Individuals with Disabilities Education Act but who receive early intervention services under Part C of the act.

6. (f) Children advancing from grade to grade.

   1. (1) Each LEA must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child:

      1. (A) Has not failed or been retained in a course or grade; and
      2. (B) Is advancing from grade to grade.
   2. (2) The determination that a child described in subdivision (f)(1) of this section is eligible under this part must be made on an individual basis by the group responsible within the child's LEA for making eligibility determinations.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.