Part 130. Procedural Requirements and Program Standards

6 CAR § 130-1610. Hearing procedures. A hearing held under 6 CAR § 130-1608 and 34 C.F.R. § 300.619 must be conducted according to the procedures under 34 C.F.R. § 99.22 and the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g.

6 CAR § 130-1611. Consent. (a) Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with subsections (c) and (d) of this section, unless the: (1) Information is contained…

6 CAR § 130-1612. Safeguards. (a) Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. (b) One (1) official at each participating agency must assume responsibility for ensurin…

6 CAR § 130-1613. Destruction of information. (a) The public agency must inform parents when personally identifiable information collected, maintained, or used under this part is no longer needed to provide educational services to the child. (b)(1) The information must be destroy…

6 CAR § 130-1614. Children’s rights. (a) Under the regulations of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, in 34 C.F.R. § 99.5(a), the rights of parents regarding education records are transferred to the student at age eighteen (18). (b)(1) If the…

6 CAR § 130-1615. Disciplinary information. (a) Each public agency must include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit the statement to the same extent that the disc…

6 CAR § 130-1701. Academic facilities. (a) General. (1) Barriers that limit child access to special education services must be eliminated. (2) Toilet areas, building and classroom entrances, etc., must conform to specifications for the accessibility of individuals with disabiliti…

6 CAR § 130-1702. Least restrictive environment. (a) General. (1) Each public agency shall ensure that: (A) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who…

6 CAR § 130-1703. Maximum teacher–pupil caseload. (a) General. (1) When calculating the number of children being served, each child is counted only one (1) time. (2) The following chart illustrates the maximum teacher–pupil caseloads for various service settings and disabilities.…

6 CAR § 130-1704. Related services — General. (a)(1) Related services, by definition, do not stand alone in the absence of special education instruction. (2) See 6 CAR § 130-201 et seq., for the full federal definition and 34 C.F.R. § 300.34 for examples of related services. (b) …

6 CAR § 130-1705. Indirect services. (a) General. (1) Children with disabilities who receive special education in the general education classroom are considered to be receiving indirect services if these services are provided by the general education classroom teacher in consulta…

6 CAR § 130-1706. Co-teaching. (a) General. Children with disabilities who receive special education in the general education classroom are considered to be receiving direct services if these services are provided by both the general education classroom teacher and qualified spec…

6 CAR § 130-1707. Inclusion of nondisabled children in school-based day treatment. (a) Purpose. It is the purpose of this part to set out the general guidelines for the inclusion of a limited number of children who, while not found to be eligible in accordance with the Individual…

6 CAR § 130-1708. Standards for integrated classroom model (ICM) (regular/special education). (a) Description. (1) The ICM is designed to educate children with mild disabilities in the general education classroom with their nondisabled peers on a full-time basis for the entire sc…

6 CAR § 130-1709. Use of dually licensed teachers to implement IEPs. (a) Purpose. The purpose of this provision is to verify that dually licensed teachers used to implement the IEPs of children with disabilities are considered to be qualified providers. (b) Conditions. (1) When a…

6 CAR § 130-1710. Homebound children. (a) Purpose. (1)(A) The purpose of this section is to provide the criteria governing the conditions under which a school district may count a homebound child to generate Formula Foundation Aid. (B) These criteria were adopted by the State Boa…

6 CAR § 130-1711. Braille assessment and instruction. (a) General. (1) Arkansas Code §§ 6-41-403 and 6-41-404 provide for the: (A) Annual assessment of child progress of children with visual impairments; and (B) Identification of the need for and corresponding provision of braill…

6 CAR § 130-1712. Use of reading specialists to implement IEPs — General. (a) Individuals who hold a reading endorsement or who are licensed as reading specialists by the Division of Elementary and Secondary Education may be considered to be qualified providers to implement the g…

6 CAR § 130-1801. Purpose. (a) It is the purpose of this subpart to allocate public school funds for the education of residentially placed students. (b) It is further the purpose of this subpart to define the educational services in such placements.

6 CAR § 130-1802. Definitions. In addition to the definitions provided in 6 CAR § 130-201 et seq., the following definitions apply specifically to this subpart: (1) “Juvenile” means a person who is eighteen (18) years old or younger; (2)(A) “Juvenile detention facility” means any…

6 CAR § 130-1803. Residential placement in state — Students without disabilities. (a) Assignment of responsibility. (1)(A) When a nondisabled student is placed for noneducational reasons in a residential treatment facility for treatment, the district where the residential treatme…

6 CAR § 130-1804. Residential placement in state — Students with disabilities. (a) Assignment of responsibility. (1) For students with disabilities in state-operated human development centers, the facility is responsible for procedural safeguards and the provision of FAPE. (2)(A)…

6 CAR § 130-1805. Residential placement out of state — Students with disabilities. (a) Assignment of responsibility. (1) When a student with a disability is placed in a residential treatment facility for educational purposes by a school district, the placing school district remai…

6 CAR § 130-1806. Residential placement out of state — Students without disabilities. (a) Assignment of responsibility. (1) When a nondisabled student is placed in an out-of-state residential treatment facility for educational purposes by a school district, the placing school dis…

6 CAR § 130-1807. Juvenile detention facilities. (a) General. (1) For the purposes of this part, juvenile detention facilities are designated as approved residential treatment facilities. (2) Upon disposition by the juvenile court that an adjudicated juvenile shall stay in a juve…

6 CAR § 130-1808. Juvenile treatment centers (formerly known as serious offender programs). (a) It shall be the responsibility of each juvenile treatment center that is part of the Division of Youth Services’ system of education to report the attendance of its students in the edu…

6 CAR § 130-1901. Purpose. (a) It is the purpose of this subpart to define extended school year services and delineate the criteria for eligibility for such services. (b) It is further the purpose of this subpart to define the manner in which funds will be provided to local schoo…

6 CAR § 130-1902. Definitions. As used in this subpart: (1) “Extended school year services (ESY)” means special education and related services that are: (A) Provided to a child with a disability beyond the normal school year of the public agency; (B) In accordance with the child’…

6 CAR § 130-1903. General. (a) Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with subsection (b) of this section. (b) Extended school year services must be provided only if a child's IEP team determined, o…

6 CAR § 130-1904. Guidelines for reasonable recoupment periods. (a) An analysis of materials pertaining to recoupment suggests a six-week interruption in educational programming may be detrimental to a child's progress. (b)(1) The review further suggests the general guideline for…

6 CAR § 130-1905. General criteria and eligibility. (a) An ESY program must be provided when it is determined by a child's IEP team that the child has regressed, or is predicted to regress, to such a substantial degree in a critical skill area that recoupment of such skill loss f…

6 CAR § 130-1906. Determination of ESY eligibility. (a)(1) The question of a child's need for ESY services may be raised at any time by an IEP team/parent, including during any scheduled IEP meeting or annual review conference. (2) For a child whose current IEP calls for ESY serv…

6 CAR § 130-1907. Factors to be considered. (a)(1) The following factors must be considered by a child's IEP team in determining his or her eligibility for ESY services. (2) This list is not exhaustive, nor is it intended that each factor would impact on the planning for each chi…

6 CAR § 130-1908. Data collection. (a) The IEP team must determine a child's eligibility for ESY services by collecting and analyzing a variety of data, including, but not limited to, the child's: (1) Disability; (2) Educational history; and (3) Present educational functioning. (…

6 CAR § 130-1909. Standards. (a) Personnel. (1) ESY services personnel shall comply with the same licensure standards of the Division of Elementary and Secondary Education or other licensure boards, as appropriate, as they apply to regular school year personnel. (2) The teacher–p…

6 CAR § 130-1910. Funding. (a) Funds will be disbursed to local school districts on an established per-child per-day rate, to the extent that funds are available. (b)(1) The Special Education Unit of the Division of Elementary and Secondary Education will calculate the average co…

6 CAR § 130-2001. General. (a) The time-out seclusion room is an extension of such techniques as turning a chair away from a group or placing a student in a corner or in the hallway. (b) Time-out is only effective if the classroom environment from which the student is removed is …

6 CAR § 130-2002. Definition — Time-out. As used in this subpart, “time-out” means the removal of the opportunity to engage in reinforced behavior.

6 CAR § 130-2003. Restrictions on the use of a time-out seclusion room. (a)(1) Time-out seclusion should be used only for behaviors that are: (A) Destructive to property; (B) Aggressive toward others; or (C) Severely disruptive to the class environment. (2) General noncompliance,…

6 CAR § 130-2004. Guidelines for appropriate use of a time-out seclusion room. (a) The teacher or behavioral specialist should have documentation that milder forms of time-out or other reduction techniques have proven ineffective in suppressing the inappropriate behavior. (b)(1) …

6 CAR § 130-201. Adverse effect on educational performance. (a) “Adverse effect on educational performance” means the effect on the child that an impairment identified in 34 C.F.R. § 300.8(c)(1) – (13) and 6 CAR § 130-608 must have in order to establish eligibility for special ed…

6 CAR § 130-202. Administrative case management. “Administrative case management” activities include the purchase by an LEA of appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing se…

6 CAR § 130-203. Department of Education. The Department of Education is the state educational agency designated in state law as responsible for the state supervision of public elementary and secondary schools.

6 CAR § 130-204. Assistive technology device. (a) “Assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities …

6 CAR § 130-205. Assistive technology service. (a) “Assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. (b) The term includes: (1) The evaluation of the needs of a…

6 CAR § 130-206. At no cost. The term “at no cost”, within the definition of special education, means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a …

6 CAR § 130-207. Charter school. “Charter school” has the meaning given the term in Section 5210(1) of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. § 6301 et seq.

6 CAR § 130-208. Child with a disability. (a)(1) The term “child with a disability” means a child from three (3) years of age until the end of the school year in which the child turns twenty-one (21) years of age, evaluated in accordance with 34 C.F.R. §§ 300.304 – 300.311 and 6 …

6 CAR § 130-209. Code of Federal Regulations. (a) The Code of Federal Regulations refers to the official system of documentation containing codified federal rules and regulations implementing specified federal statutes. (b) Such rules and regulations, as codified and adopted, hav…

6 CAR § 130-210. Combination resource services/special class services. (a) “Combination resource services/special class services” means instruction provided in this service setting is primarily one of resource services. (b) However, because of the need for special class services …