Arkansas Dyslexia Law Act 1294: When Screening Isn't Enough and Your Child Needs an IEP

Your child just got identified through the school's dyslexia screening. The reading specialist handed you a report, the principal nodded, and everyone agreed your child has characteristics of dyslexia. Then came the phrase that sends parents into a spiral: "We're going to provide intervention — but they don't qualify for an IEP."

This happens constantly in Arkansas. And it's one of the most maddening gaps in the system, because Act 1294 and federal IDEA operate on entirely separate legal tracks. Understanding which lane you're in — and how to force the school into the lane that gives your child binding legal protections — is the whole game.

What Arkansas Act 1294 Actually Requires

Arkansas passed Act 1294 in 2011, requiring public schools to screen students for dyslexia and provide intervention when characteristics are identified. The law was strengthened in subsequent sessions and requires districts to:

• Screen students for dyslexia characteristics in kindergarten and first grade, and any time dyslexia is suspected thereafter
• Provide evidence-based reading interventions to students who screen positive
• Use structured literacy approaches aligned with the science of reading
• Report dyslexia identification and intervention data to DESE

Act 1294 is a state reading law. It is not IDEA. This distinction is critical.

When your school provides "Act 1294 intervention," they are complying with a state statute that requires them to teach reading differently. What they are not doing is creating a legally binding IEP with enforceable annual goals, progress monitoring timelines, and parent rights to dispute resolution. If the intervention stops working, or the teacher who delivers it leaves, or the school decides to change the program, you have no legal mechanism to demand anything different.

The Specific Learning Disability Loophole Schools Use

Under federal IDEA, the eligibility category that covers dyslexia is Specific Learning Disability (SLD) — specifically, SLD in the area of basic reading skills or reading fluency. To qualify for an IEP under SLD, two things must be true:

1. The student has a specific learning disability
2. That disability adversely affects educational performance in a way that requires special education services

The second prong is where Arkansas schools park their denial. If your child is reading below grade level but the school argues they are still making "adequate progress" with intervention, they will claim the adverse effect threshold isn't met. Translation: we're giving them help, so they don't need the full legal structure of an IEP.

Research from the University of Arkansas Office of Education Policy documented this loophole in detail — a decade after Act 1294 passed, many districts were still identifying fewer students with dyslexia than population estimates would predict, often because identifying dyslexia under Act 1294 created no binding obligation to evaluate for special education eligibility.

Why You Need Both: Screening vs. IEP Evaluation

Act 1294 screening is not the same as a comprehensive psychoeducational evaluation for special education eligibility. The school's dyslexia screening is typically a brief screener — tools like DIBELS, PALS, or the CTOPP — designed to flag students who need intervention. A comprehensive SLD evaluation includes:

• Cognitive ability testing (IQ)
• Academic achievement testing across multiple domains
• Phonological processing assessment
• Assessment of basic reading skills and reading fluency separately
• Review of the student's response to intervention data

Arkansas law requires the school to complete this evaluation within 60 calendar days of receiving your signed consent. The screening your child already received does not restart that clock or satisfy the evaluation requirement.

If your child has been identified through Act 1294 screening and is receiving intervention, but the school has not offered to evaluate them for special education eligibility under IDEA, you need to submit a separate written evaluation request. The fact that they are in intervention does not mean they have been evaluated for an IEP. These are two completely separate processes.

What to Do When the School Refuses to Evaluate

Schools sometimes tell parents that the child must first complete a full cycle of intervention before they can be evaluated for special education. This is the RTI stall, and it is illegal. The U.S. Department of Education has explicitly stated that a school cannot use participation in intervention to delay or deny a special education evaluation.

If your child has dyslexia characteristics and you believe they may have a specific learning disability that requires specially designed instruction, you have the right to request an evaluation in writing today. The school must either:

1. Agree to evaluate and get you to sign consent, starting the 60-day clock, or
2. Issue a formal Notice of Action (NoA) explaining why they are refusing to evaluate, which you can then challenge

Send your evaluation request by email or certified mail to the school principal and the district's special education director. State the specific academic concerns, note that your child has been identified under Act 1294 as having dyslexia characteristics, and formally request a comprehensive evaluation under IDEA for Specific Learning Disability.

IEP vs. 504 for Dyslexia in Arkansas

If the evaluation determines your child has SLD but the school argues they don't need specially designed instruction — just accommodations — they may offer a 504 Plan instead of an IEP. This is a real fork in the road.

A 504 Plan for a student with dyslexia typically provides accommodations: extended time on tests, text-to-speech software, reduced written output requirements. It does not require annual measurable goals. It does not guarantee a specific reading intervention with defined progress milestones. It offers far fewer dispute resolution options if the accommodations aren't implemented.

An IEP for a student with SLD/dyslexia includes specially designed instruction in reading — meaning the school must provide a structured, evidence-based reading program delivered by qualified personnel, with annual goals and regular progress monitoring. If progress isn't happening, you have the legal mechanism to call an IEP meeting and demand a change.

For a student with significant dyslexia who is reading well below grade level, a 504 Plan is generally not sufficient. Push for the evaluation, and if SLD eligibility is confirmed, push for an IEP with explicit specially designed reading instruction — not just accommodations.

Building Your Paper Trail

If you are in a dispute with your Arkansas district over dyslexia and IEP eligibility, document everything before escalating. Keep:

• All Act 1294 screening results and intervention progress reports
• All emails and letters with the school about your evaluation request
• The school's Notice of Action if they deny the evaluation
• Any private evaluations or outside reading assessments

If the school evaluates your child and you disagree with the results — for example, they find no SLD despite obvious reading failure — you have the right to request an Independent Educational Evaluation (IEE) at public expense. The school must either fund the outside evaluation or file for due process to defend their own assessment.

The Arkansas IEP & 504 Advocacy Playbook at /us/arkansas/advocacy/ includes the evaluation request template, the IEE demand letter, and a guide to navigating the specific SLD eligibility criteria used in Arkansas — written for parents who have no legal background and need to move fast.

The Bottom Line

Act 1294 intervention is better than nothing. But it is not an IEP. If your child's reading is not closing the gap with peers despite structured literacy intervention, the adverse effect on educational performance is real — and a comprehensive special education evaluation is the appropriate next step. Don't let the school's compliance with Act 1294 substitute for a conversation about whether your child needs the full legal protections of IDEA.

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