ADE FINDS IDEA VIOLATIONS IN NORTH LITTLE ROCK SCHOOL DISTRICT

August 24, 2007

Disability Rights Center recently filed a complaint against the North Little Rock School District for multiple violations of IDEA. Specifically, the complaint alleged that Argenta Academy, an alternative school in the district, failed to develop and implement an appropriate IEP and behavior intervention plan; failed to conduct a comprehensive reevaluation in a timely manner; failed to implement manifestation determination procedures after the suspending the student for 10 days; and failed to properly record attendance and suspensions data.

The student in question is a 15 year old, African-American male whose diagnoses include mental retardation, depression, ADHD, and a cognitive disorder. The student and 5 others similarly situated were being sent home from school to "cool off" when they exhibited negative behaviors. Argenta Academy did not record these "cooling off" periods as suspensions even though the students affected were not allowed to return to school for a specified amount of time and the students were received Fs as their grade on each day they were absent. Furthermore, Argenta Academy failed to develop an appropriate behavior intervention plan for the student and others like him. Instead, the school utilizes a facility-wide behavior plan and failed to modify it according to each special education student's individual needs.

The Arkansas Department of Education found evidence to support all of the allegations specified in the complaint and mandated a number of corrective actions which the North Little Rock School District must implement beginning October 15, 2007. Namely, the district must hold an IEP Conference to determine the student's programming needs and appropriate placement; hold a conference to create a Behavior Intervention Plan with the assistance of a behavioral specialist; have the student evaluated by a licensed psychologist or psychiatrist; train all North Little Rock School District Staff, including the staff of Argenta Academy, on suspension/expulsion procedures for special education students; and create and implement a plan to properly record attendance and suspensions.