1. (a) General. The IEP for each child with a disability must include:

   1. (1) A statement of the child’s present levels of academic achievement and functional performance, including:

      1. (A) How the child’s disability affects the child’s involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or meet each of the child’s other educational needs that result from the child’s disability; or
      2. (B) For preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities;

   2. (2)

      1. (A) A statement of measurable annual goals, including academic and functional goals designed to:

2. (i) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and

   1. (ii) Meet each of the child’s other educational needs that result from the child’s disability;

      1. (B) For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;

   2. (3) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child to:

      1. (A) Advance appropriately toward attaining the annual goals;
      2. (B) Be involved and make progress in the general curriculum in accordance with subsection (a)(1) of this section and to participate in extracurricular and other nonacademic activities; and
      3. (C) Be educated and participate with other children with disabilities and nondisabled children in the activities described in this part;
   3. (4) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in subsection (a)(3) of this section;

   4. (5)

      1. (A) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of a child on state and district-wide assessments consistent with Section 612(a)(16) of the Individuals with Disabilities Education Act; and

      2. (B) If the IEP team determines that the child must take an alternate assessment instead of a particular regular state or district-wide assessment of student achievement, a statement of why the:

         1. (i) Child cannot participate in the regular assessment; and
         2. (ii) Particular alternate assessment selected is appropriate for the child;
   5. (6) The projected date for the beginning of the services and modifications described in subsection (a)(2)(B) of this section, and the anticipated frequency, location, and duration of those services and modifications; and

   6. (7) A description of:

      1. (A) How the child’s progress toward meeting the annual goals described in subsection (a)(2)(A) of this section will be measured; and
      2. (B) When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided.

3. (b) Transition services. Beginning not later than the first IEP to be in effect when the child turns sixteen (16), or younger, if determined appropriate by the IEP team and updated annually thereafter, the IEP must include:

   1. (1) Appropriate measurable post-secondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills; and

   2. (2) The transition services (including courses of study) needed to assist the child in reaching those goals.

      1. (c) Transfer of rights at age of majority.
   3. (1) In Arkansas, beginning not later than one (1) year before the child reaches the age of majority under state law (age eighteen (18)), the child’s IEP must include a statement that the child has been informed of his or her rights under Part B of the Individuals with Disabilities Education Act and 6 CAR § 130-901 et seq., if any, that will transfer to the child on reaching the age of majority, consistent with 34 C.F.R. § 300.520 and 6 CAR § 130-907.

   4. (2)

      1. (A) The LEA must use the procedures established by the state for appointing the parent of a child with a disability, or if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of the child’s eligibility under Part B of the act if, under state law, a child who has reached the age of majority, but has not been determined not to be incompetent, can be determined to have the ability to provide informed consent with respect to the child’s educational program.
      2. (B) In Arkansas, state statutes at Arkansas Code § 28-65-101 et seq., and § 28-65-202 et seq., provide a mechanism whereby any individual may file a petition for the appointment of himself or herself or some other qualified person as guardian of an incapacitated person.

      3. (C) It is appropriate for the LEA to inform the parent of a student who may be determined to not have the ability to provide informed consent with respect to his or her education program to seek to obtain such legal guardianship from an appropriate circuit or juvenile court, dependent upon the age and status of the youth or young adult in question.

         1. (d) Students with disabilities convicted as adults and incarcerated in adult prisons.

   5. (1) Special rules concerning the content of IEPs for children with disabilities convicted as adults and incarcerated in adult prisons include requirements that do not apply to these populations, as follows:

      1. (A) The requirements contained in Section 612(a)(16) of the act and 34 C.F.R. § 300.320(a)(6) and subdivisions (a)(4) and (a)(5) of this section, relating to the participation of children with disabilities in general assessments; and
      2. (B) The requirements in 34 C.F.R. § 300.320(b) and subsection (b) of this section relating to transition planning and transition services with respect to children whose eligibility under Part B of the Individuals with Disabilities Education Act will end because of their age before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

   6. (2) Modifications of IEP or placement.

      1. (A) Subject to subdivision (d)(2)(B) of this section, the IEP team of a child with a disability who is convicted as an adult under state law and incarcerated in an adult prison may modify the child’s IEP or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.
      2. (B) The requirements of 34 C.F.R. § 300.320, 6 CAR § 130-802(a), and subsection (a) of this section relating to IEPs and 34 C.F.R. § 300.112 and 6 CAR § 130-1301(a) relating to LRE do not apply with respect to the modifications described in subdivision (d)(2)(A) of this section.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq. "LRE" means least restrictive environment.