Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: S2/9/23 H2/22/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 189 3
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By: Senator Irvin 5
By: Representative L. Johnson 6
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For An Act To Be Entitled 8
AN ACT TO CLARIFY TH E DEFINITION OF "INT ELLECTUAL AND 9
DEVELOPMENTAL DISABI LITY" IN THE ARKANSA S CODE; AND 10
FOR OTHER PURPOSES. 11
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Subtitle 14
TO CLARIFY THE DEFINITION OF 15
"INTELLECTUAL AND DEVELOPMENTAL 16
DISABILITY" IN THE ARKANSAS CODE. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code § 20 -48-101(4), concerning the definition of 22
"intellectual and developmental disability", is amended to read as follows: 23
(4) “Intellectual and developmental disability” means a chronic 24
disability of a person an individual that: 25
(A)(i) Is attributable to an impairment of general 26
intellectual functioning or adaptive behavior, including cerebral palsy, 27
spina bifida, Down syndrome, epilepsy, or autism; 28
(ii) Is attributable to any other condition of a 29
person found to be closely related to intellectual and developmental 30
disability because the condition results in an impairment of general 31
intellectual functioning or adaptive behavior similar to that of a person 32
with an intellectual and developmental disability or requires treatment and 33
services similar to that required for a person with an intellectual and 34
developmental disability; or 35
(iii) Is attributab le to dyslexia resulting from a 36 As Engrossed: S2/9/23 H2/22/23 SB189
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disability described in subdivision (4)(A)(i) or subdivision (4)(A)(ii) of 1
this section; a diagnosis of one (1) of the following: 2
(i) Cerebral palsy, as established by the results of 3
a medical examination by the individ ual's primary care provider or a licensed 4
physician; 5
(ii) Epilepsy, as established by the results of a 6
neurological examination by the individual's primary care provider or a 7
licensed physician; 8
(iii) Spina bifida, as established by the results o f 9
medical examination by the individual's primary care provider or a licensed 10
physician; 11
(iv) Down syndrome, as established by the results of 12
a medical examination by the individual's primary care provider or a licensed 13
physician; 14
(v) Autism spectrum disorder, as established under § 15
20-77-124; or 16
(vi) Intellectual disability, as established by a 17
full-scale standard intelligence score of seventy (70) or below, measured by 18
a standard test designed for individual administration that is administe red 19
by a qualified professional; or 20
(vii) Any other condition that results in impairment 21
of general intellectual functioning or adaptive behavior similar to an 22
individual qualifying under subdivision (4)(A)(vi) of this section; 23
(B) Originates befo re the person attains twenty -two (22) 24
years of age; 25
(C) Has continued or can be expected to continue 26
indefinitely; and 27
(D) Constitutes a substantial impairment to the person's 28
ability to function without appropriate support services, including , but not 29
limited to, planned recreational activities, medical without limitation: 30
(i) Daily living and social activities; 31
(ii) Medical services such as physical therapy and 32
speech therapy,; 33
(iii) Job training; and sheltered employment or job 34
training 35
(iv) Employment; 36 As Engrossed: S2/9/23 H2/22/23 SB189
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SECTION 2. Arkansas Code § 20 -48-202(4) and (5), concerning the 2
definitions of "individual with developmental and intellectual disability" 3
and "intellectual and developmental disability", are amended to read as 4
follows: 5
(4)(A) “Individual with intellectual and developmental 6
disabilities” means: 7
(i) A person with a mental deficit requiring him or 8
her to have special evaluation, treatment, care, education, training, 9
supervision, or control in his or her home or community , or in a state 10
institution for persons with intellectual disabilities; or 11
(ii) A person with intellectual and developmental 12
disabilities who may not exhibit an intellectual deficit on standard 13
psychological tests but who, because of other handicaps, functions as a 14
person with intellectual disabilities. 15
(B) “Individual with intellectual and developmental 16
disabilities” does not include a person whose primary condition is caused by 17
mental illness, emotional disturbance, physical handicap, or sensory defect a 18
person with an intellectual and developmental disability ; 19
(5) “Intellectual and developmental disability” means the same 20
as defined in § 20-48-603 20-48-101; 21
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SECTION 3. Arkansas Code § 20 -48-603(2), concerning the definition of 23
"intellectual and developmental disability", is amended to read as follows: 24
(2)(A) “Intellectual and developmental disability” means a 25
disability of a person that: 26
(i) Is attributable to an impairment of general 27
intellectual functioning or adaptive behavior, in cluding cerebral palsy, 28
spina bifida, Down syndrome, epilepsy, or autism; 29
(ii) Is attributable to any other condition of a 30
person found to be closely related to intellectual and developmental 31
disability because the condition results in impairment of g eneral 32
intellectual functioning or adaptive behavior similar to that of individuals 33
with intellectual and developmental disabilities or requires treatment and 34
services similar to those required for the persons; 35
(iii) Is attributable to dyslexia result ing from 36 As Engrossed: S2/9/23 H2/22/23 SB189
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intellectual and developmental disability, cerebral palsy, epilepsy, or 1
autism; and 2
(iv) Has continued or can be expected to continue 3
indefinitely. 4
(B) “Intellectual and developmental disability” does not 5
refer to other forms of mental di sease or defect not defined in this section 6
the same as defined in § 20 -48-101; 7
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