Part 130. Procedural Requirements and Program Standards

6 CAR § 130-245. Native language. (a) “Native language”, when used with respect to an individual who has limited English proficiency, means the following: (1) The language normally used by that individual or, in the case of a child, the language normally used by the parents of th…

6 CAR § 130-246. Parent. (a) The term “parent” means: (1) A biological or adoptive parent of a child; (2) A foster parent, unless state law, rules, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent; (3) A guardian generally a…

6 CAR § 130-247. Paraprofessional. A “paraprofessional”, in connection with special education, is a staff member other than a teacher who: (1) Works directly with students with disabilities under the direct supervision of a teacher or other licensed professional; (2) Has received…

6 CAR § 130-248. Participating agency. (a) As used with regard to IEPs and agency responsibilities for transition services, “participating agency” means a state or other public agency, including a state vocational rehabilitation agency, other than the public agency responsible fo…

6 CAR § 130-249. Personally identifiable. “Personally identifiable” means information that contains: (1) The name of: (A) The child; (B) The child’s parent; or (C) Other family member; (2) The address of the child; (3) A personal identifier, such as the child’s Social Security nu…

6 CAR § 130-250. Public agency. “Public agency” includes the SEA, LEAs, ESAs, nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the state that are responsible for providi…

6 CAR § 130-2501. Purpose. (a) It is the purpose of this subpart to set forth the criteria for determining a child's eligibility for materials in an accessible instructional format (i.e., braille, large print, audio or video, or other electronic media). (b) This subpart defines t…

6 CAR § 130-2502. Definitions. For the purpose of this subpart: (1) “Adaptive textbooks and other instructional materials” means: (A) Braille; (B) Large print; and (C) Other electronic media; (2) “Braille skills inventory” means an assessment that provides teachers of children wh…

6 CAR § 130-2503. Administration. The accessible format instructional materials program for children with visual impairments shall be: (1) Administered by the Instructional Resource Center at the Arkansas School for the Deaf and Blind; and (2) Supervised by the Special Education …

6 CAR § 130-2504. Eligibility for adaptive textbooks. The following criteria should be considered when determining the appropriate reading medium for children with visual impairment: (1) Observations made by, but not limited to, the: (A) Classroom teacher; (B) Parent; (C) Teacher…

6 CAR § 130-2505. School district access to accessible instructional materials. (a) Local school districts must assess any child whose visual impairment adversely affects his or her educational performance as to the child's need for accessible instructional materials. (b) For the…

6 CAR § 130-2506. Costs. (a) There shall be no charge to local school districts for the approved routine loan of accessible instructional materials, unless the materials are lost or are severely damaged. (b) Should a duplicate item be requested or should loaned materials be lost …

6 CAR § 130-251. Public expense. “Public expense” means, as applied to an independent educational evaluation, that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with 34 C…

6 CAR § 130-252. Physical education. The term “physical education”: (1) Means the development of: (A) Physical and motor fitness; (B) Fundamental motor skills and patterns; and (C) Skills in aquatics, dance, and individual and group games and sports (including intramural and life…

6 CAR § 130-253. Positive behavioral supports. (a) “Positive behavioral supports (PBS)” involves the application of behavior analysis to achieve socially important behavior change. (b) PBS occurs at the: (1) Prevention level for all students in a school; (2) Strategic interventio…

6 CAR § 130-254. Qualified examiner. (a) A “qualified examiner” shall include any person who fits the description of an individual who is qualified to conduct some or all of the assessments listed in this section: (1) The licensed teacher or counselor who may administer tests tha…

6 CAR § 130-255. Qualified personnel. “Qualified personnel” means personnel who have met SEA-approved or SEA-recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the individuals are providing special education or rela…

6 CAR § 130-256. Related services. (a)(1) “Related services”: (A) Means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education; and (B) Includes: (i) Speech-language pa…

6 CAR § 130-257. Resource services. (a) “Resource services” consist of direct instruction provided by a special education teacher to students with disabilities. (b) Individual students may receive resource services for a period of time not to exceed sixty percent (60%) of the ins…

6 CAR § 130-258. Response to intervention. “Response to intervention” is the practice of: (1) Providing high quality instruction/intervention matched to student needs; and (2) Using learning rate over time and level of performance to make important educational decisions.…

6 CAR § 130-259. School-based day treatment services. (a) The term “school-based day treatment services” means a cooperative program that includes the provision of both education and mental health services for each participating student with emotional disturbance in a coordinated…

6 CAR § 130-260. Scientifically based research. (a) Section 9101(37) of the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as amended by the No Child Left Behind Act of 2001, Pub. L. No. 107-110, defines “scientifically based research” as “research that involv…

6 CAR § 130-2601. Authority and applicability. (a) Statutory authority. (1) Arkansas Code § 6-41-203 defines “a child with disabilities” as an individual between the ages of three (3) and twenty-one (21) years who, because of mental, physical, emotional, or learning disabilities,…

6 CAR § 130-2602. Early childhood special education qualified providers. (a) Definitions. As used in this subpart: (1) “ADE” means the Arkansas Department of Education; (2) “Direct supervision” means on-site observation and guidance provided by a supervising early childhood speci…

6 CAR § 130-2603. Instructional services. (a)(1) Teacher–pupil caseload. (A)(i) The maximum caseload for a full-time classroom teacher is thirty (30) children with a minimum of one (1) paraprofessional. (ii) The maximum per section or session caseload in a center-based program fo…

6 CAR § 130-2604. Federal early childhood educational environments. (a) Early childhood program. (1)(A) A program that includes at least fifty percent (50%) nondisabled children. (B) Early childhood programs include, but are not limited to: (i) Head Start; (ii) Kindergarten; (iii…

6 CAR § 130-2605. Number of days for direct services — Calendar. The instructional calendar year for preschool services shall consist of one hundred seventy-eight (178) days of direct services funded by the preschool grant.

6 CAR § 130-2606. Extended school year services — Eligibility. 6 CAR § 130-1901 et seq., applies to preschool children with disabilities as well as school-aged children with disabilities.

6 CAR § 130-2607. Transition. (a) Early intervention to early childhood. See 6 CAR § 130-2101. (b) Early childhood special education to school-aged program. See 6 CAR § 130-2102. (c) Guidelines for implementation. (1) Transition from early childhood special education program to k…

6 CAR § 130-261. School health services and school nurse services. (a) “School health services” and “school nurse services” mean health services that are designed to enable a child with a disability to receive FAPE as described in the child’s IEP. (b) School nurse services are se…

6 CAR § 130-262. Screening. (a) Screening, for instructional purposes, is not evaluation. (b) The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for elig…

6 CAR § 130-263. Secondary school. “Secondary school” means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under state law, except that it does not include any education beyond gra…

6 CAR § 130-264. Services plan. “Services plan” means a written statement that: (1) Describes the special education and related services the LEA will provide to a parentally placed child with a disability enrolled in a private school who has been designated to receive services, i…

6 CAR § 130-265. Special class services. “Special class services” means instruction provided by a special education teacher for students with disabilities whose programs require in excess of sixty percent (60%) of the instructional day as special education services.

6 CAR § 130-266. Special day school, private. “Special day school, private” means instruction provided by a special education teacher to students with disabilities whose: (1) Programs require in excess of sixty percent (60%) of the instructional day in special education services;…

6 CAR § 130-267. Special day school, public. “Special day school, public” means instruction provided by a special education teacher to students with disabilities whose: (1) Programs require in excess of sixty percent (60%) of the instructional day in special education services; a…

6 CAR § 130-268. Special education. (a) “Special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including: (1) Instruction conducted in: (A) The classroom; (B) The home; (C) Hospitals and institut…

6 CAR § 130-269. Specially designed instruction. “Specially designed instruction” means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction to: (1) Address the unique needs of the child that result from …

6 CAR § 130-270. State educational agency. (a) The term “state educational agency (SEA)” means the state board of education or other agency or officer primarily responsible for the state supervision of public elementary and secondary schools, or, if there is no such officer or ag…

6 CAR § 130-271. Supplementary aids and services. “Supplementary aids and services” means aids, services, and other supports that are provided in regular education classes, or other education-related settings, and in extracurricular and nonacademic settings to enable children wit…

6 CAR § 130-272. Transition services. (a) “Transition services” means a coordinated set of activities for a child with a disability that: (1) Is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with…

6 CAR § 130-273. Travel training. “Travel training” means providing instruction, as appropriate, to children with significant cognitive disabilities and any other children with disabilities who require this instruction to enable them to: (1) Develop an awareness of the environmen…

6 CAR § 130-274. Vocational education. “Vocational education” means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degre…

6 CAR § 130-275. Universal design. “Universal design” has the meaning given to the term in Section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. § 3002.

6 CAR § 130-276. Ward of the state. (a) General. “Ward of the state” means a child who, as determined by the state where the child resides, is: (1) A foster child; (2) A ward of the state; or (3) In the custody of a public child welfare agency. (b) Exception. “Ward of the state” …

6 CAR § 130-301. General responsibility to conduct child find. (a) Each local educational agency is responsible for ensuring that all children with disabilities from birth to twenty-one (21) years within its jurisdiction and in need of special education and related services are i…

6 CAR § 130-302. Children with disabilities enrolled by their parent in private schools. (a) Definition of “parentally placed private school children with disabilities”. “Parentally placed private school children with disabilities” means children with disabilities enrolled by the…

6 CAR § 130-303. Development of plan — Documentation of effort. (a) Each local educational agency must develop and maintain a written child find plan outlining the systematic and continuous efforts the local educational agency will undertake to meet its responsibilities as descri…

6 CAR § 130-304. Confidentiality of data. The collection and use of data to meet the requirements of this part are subject to the confidentiality requirements of 6 CAR § 130-1601 et seq.

6 CAR § 130-401. Referral generally. (a) If a child is suspected of having a disability that adversely affects educational performance and who by reason thereof needs special education and related services, a referral may be made at any time to the local educational agency by: (1…