Part 130. Procedural Requirements and Program Standards

6 CAR § 130-2101. Transition of children from Part C to preschool programs. (a) Applicability. (1) This section applies only to the transition of eligible children with disabilities from the Part C Early Intervention Program, to the Early Childhood Special Education Program under…

6 CAR § 130-2102. Transition from Early Childhood Special Education Programs to kindergarten. (a) Applicability. (1) These rules apply only to the transition of eligible children with disabilities from the Early Childhood Special Education Program to school-aged programs upon eli…

6 CAR § 130-2103. Transition from school to adult life. (a) Definition. (1) “Transition services” means a coordinated set of activities for a child with a disability that: (A) Is designed to be within a results-oriented process that is focused on improving the academic and functi…

6 CAR § 130-211. Combination special class services/resource services. (a) “Combination special class services/resource services” means instruction provided in this service setting is primarily one of special class services. (b) However, because of the need for resource services …

6 CAR § 130-212. Consent. “Consent” means that the parent: (1) Has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication; (2) Understands and agrees in writing to the carrying out…

6 CAR § 130-213. Core academic subjects. The term “core academic subjects” means: (1) English; (2) Reading or language arts; (3) Mathematics; (4) Science; (5) Foreign languages; (6) Civics and government; (7) Economics; (8) Arts; (9) History; and (10) Geography.…

6 CAR § 130-214. Data-based problem solving — Functional assessment. (a)(1) “Data-based problem solving” is a systematic process based on the scientific method that can be used to: (A) Make decisions about the effectiveness of instructional programs; (B) Identify the need for and…

6 CAR § 130-215. Day — Business day — School day. The term: (1) “Day” means calendar day unless otherwise indicated as business day or school day; (2) “Business day” means Monday through Friday, except for federal and state holidays (unless holidays are specifically included in t…

6 CAR § 130-216. Destruction. “Destruction” for the purpose of this part means physical destruction of information or removal of personal identifiers from information so that the information is no longer personally identifiable.

6 CAR § 130-217. Discrepancy model for the assessment of learning disabilities — Arkansas definition. (a) According to the psychometric standard established by the Special Education Unit of the Division of Elementary and Secondary Education, a severe discrepancy exists between a …

6 CAR § 130-218. Early intervening services. “Early intervening services” means coordinated, early intervening services, which may include interagency financing structures for students in kindergarten through grade twelve (K – 12) (with a particular emphasis on students in kinder…

6 CAR § 130-219. Early intervening services activities. “Early intervening services activities” means activities implemented and coordinated by an LEA that include: (1) Professional development (which may be provided by entities other than LEAs) for teachers and other school staf…

6 CAR § 130-220. Education records. (a) “Education records” are broadly defined as those records, files, documents, and other materials that: (1) Contain information directly related to the student; and (2) Are maintained by an educational agency or institution or by a person act…

6 CAR § 130-2201. Purpose. (a) It is the purpose of this subpart to set forth the criteria for determining local school district eligibility for seeking reimbursement for special education high-cost occurrences as defined under Arkansas Code § 6-20-2303(22). (b) This subpart defi…

6 CAR § 130-2202. Definitions. For the purpose of this subpart: (1) “IDEA” means the Individuals with Disabilities Education Act; (2) “IEP” means the individualized education program for a student with disabilities under the Individuals with Disabilities Education Act, 20 U.S.C. …

6 CAR § 130-2203. Administration. (a) The Special Education High-Cost Occurrences Fund will be administered by the Department of Education. (b) In the event that requests for reimbursement exceed the amount of funds available in the Special Education High-Cost Occurrences Fund, r…

6 CAR § 130-2204. Eligibility criteria for high-cost occurrence. (a) A district is deemed eligible to apply for reimbursement under this part for a high-cost occurrence when the costs associated with an individual student, after offsets from other available revenue sources, equal…

6 CAR § 130-2206. Reimbursement for high-cost occurrence based on individual student. (a) The Special Education Unit of the Division of Elementary and Secondary Education will provide local education agencies with a format for requesting high-cost occurrence reimbursement to be c…

6 CAR § 130-2207. Limitation on reimbursement. No individual high-cost occurrence shall be eligible for reimbursement of more than one hundred thousand dollars ($100,000) from this fund per year.

6 CAR § 130-221. Educational interpreter. (a) An “educational interpreter” is a person who: (1) Performs conventional interpreting tasks; and (2) Holds appropriate credentials and licensure relative to interpreting in educational settings. (b) An educational interpreter is a pers…

6 CAR § 130-222. Educational service agency (ESA). As used in this part, “educational service agency (ESA)”: (1) Means a regional public multiservice agency: (A) Authorized by state law to develop, manage, and provide services or programs to LEAs; and (B) Recognized as an adminis…

6 CAR § 130-223. Eligibility for special education services. (a) Eligibility for special education services means that a child is determined eligible, upon completion of the administration of assessments and other evaluation measures by a group of qualified professionals and the …

6 CAR § 130-224. Elementary school. “Elementary school” means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law.

6 CAR § 130-225. Equipment. “Equipment” means: (1) Machinery, utilities, and built-in equipment and any necessary enclosures or structures to house the machinery, utilities, or equipment; and (2) All other items necessary for the functioning of a particular facility as a facility…

6 CAR § 130-226. Evaluation. (a) “Evaluation” means procedures used in accordance with 34 C.F.R. §§ 300.304 – 300.311 and 6 CAR § 130-601 et seq., to determine whether a child has a disability and the nature and extent of the special education and related services that the child …

6 CAR § 130-227. Extended school year services. As used in this part, the term “extended school year services (ESY)” means special education and related services that: (1) Are provided to a child with a disability: (A) Beyond the normal school year of the public agency; (B) In ac…

6 CAR § 130-228. Free appropriate public education. “Free appropriate public education” or “FAPE” means special education and related services that: (1) Are provided at public expense, under public supervision and direction, and without charge; (2) Meet the standards of the SEA, …

6 CAR § 130-229. Homeless children. “Homeless children” has the meaning given the term “homeless children and youths” in Section 725 (42 U.S.C. § 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. § 11431 et seq.

6 CAR § 130-230. Include. The term “include” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.

6 CAR § 130-2301. Purpose. (a) It is the purpose of this subpart to set forth the criteria for determining local school district eligibility for seeking reimbursement for educational services for students in youth shelters. (b) This subpart defines the process for local school di…

6 CAR § 130-2302. Definitions. For the purpose of this subpart: (1) “Educational services” means those services typically provided by local school districts, including, but not limited to, transportation, instruction, food services, counseling, etc.; (2) “IDEA” means the Individu…

6 CAR § 130-2303. Administration. (a) The appropriation for educational services for students in youth shelters will be administered by the Special Education Unit of the Division of Elementary and Secondary Education. (b) In the event that requests for reimbursement exceed the am…

6 CAR § 130-2304. Eligibility criteria for reimbursement for educational services for students in youth shelters. (a) A district is deemed eligible to apply for reimbursement under this subpart for the provision of educational services for students in youth shelters when: (1) The…

6 CAR § 130-2305. Reimbursement for educational services for students in youth shelters. (a) The Special Education Unit of the Division of Elementary and Secondary Education will provide local education agencies with an educational services for students in youth shelters reimburs…

6 CAR § 130-231. Independent educational evaluation. “Independent educational evaluation (IEE)” means an evaluation conducted by a qualified examiner who is not employed by the local education agency or other public agency responsible for the education of the child in question.…

6 CAR § 130-232. Indirect services. (a) “Indirect services” means those services provided by a qualified professional, commonly termed “consulting teacher”, whose primary role is to consult with general and/or special education teachers regarding the modification and/or adaptatio…

6 CAR § 130-233. Integrated classroom. (a) “Integrated classroom” means a general education classroom in which instruction is provided to general and special education students for the entire instructional day by a teacher dually licensed in general and special education. (b) The…

6 CAR § 130-234. Interpreting services. When used with respect to children who are deaf or hard of hearing, “interpreting services” means: (1) Oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and trans…

6 CAR § 130-235. Itinerant instruction. (a) “Itinerant instruction” means direct instruction, which may be educational or therapeutic in nature, provided to a student by qualified personnel. (b) Itinerant instruction may be delivered in a variety of settings, including: (1) Gener…

6 CAR § 130-236. Individualized education program. “Individualized education program” or “IEP” means a written statement for a child with a disability that is developed, reviewed, and revised in a meeting in accordance with 34 C.F.R. §§ 300.320 – 300.324 and 6 CAR § 130-801 et se…

6 CAR § 130-237. Individualized education program team. The term “individualized education program team” or “IEP team” means a group of individuals, as described in 34 C.F.R. § 300.321 and in 6 CAR § 130-805, that is responsible for developing, reviewing, or revising an IEP for a…

6 CAR § 130-238. Individuals with Disabilities Education Act. The Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., referred to as the Individuals with Disabilities Education Act, is a federal statute that requires states to provide all eligible children with…

6 CAR § 130-239. Institution of higher education. “Institution of higher education”: (1) Has the meaning given the term in Section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1021 et seq.; and (2) Also includes any community college receiving funds from the U…

6 CAR § 130-240. Instructional day. (a) “Instructional day” means the amount of time spent engaged in instructional activities. (b)(1) Generally, this excludes lunch, recess, and nonacademic or extracurricular activity periods. (2) However, when such activities are considered as …

6 CAR § 130-2401. Personnel development. General. Each public agency must: (1) Implement personnel development that is designed to ensure an adequate supply of qualified special education, regular education, and related services personnel; and (2) Ensure that all personnel necess…

6 CAR § 130-2402. Personnel standards. (a) General. In the provision of special education and related services, each public agency shall employ and/or enter into a professional services contract with individuals who hold a valid license from the State Board of Education or, as ap…

6 CAR § 130-241. Limited English proficient. (a) “Limited English proficient” has the meaning given the term in Section 9101(25) of the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10. (b) The term, when used with respect to an individual, means an individual: (…

6 CAR § 130-242. Local educational agency. “Local educational agency (LEA)” means a public board of education or other public authority legally constituted within the State of Arkansas for either administrative control or direction of, or to perform a service function for, public…

6 CAR § 130-243. Mediation. “Mediation” means, as used in this part, procedures established and implemented to allow parties to disputes involving any matter under Part B of the Individuals with Disabilities Education Act, including matters arising prior to the filing of a due pr…

6 CAR § 130-244. Meetings. (a) The term “meetings”, as defined within the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and this part, includes those to which parents have the right to be provided notice of and which, generally, are scheduled in advance, …