Arkansas Administrative Code

6 CAR § 97-101. Definitions. For purposes of this part, the following terms shall mean: (1)(A) “Content standards” means those curriculum course content standards identified and set out in the Division of Elementary and Secondary Education curriculum frameworks. (B) The term also…

6 CAR § 97-102. Eligibility. (a) A student in grades nine through twelve (9-12) who participates in and successfully completes an organized physical activity course in his or her school shall be eligible to receive one-half (1/2) unit of physical education credit required for gra…

6 CAR § 97-103. Graduation credit. (a) A student: (1) Is limited to only the one-half (1/2) unit of physical education credit for graduation for the organized physical activity course; and (2) Shall not be allowed any other credit toward graduation for that same course. (b) A stu…

6 CAR § 97-104. Monitoring. The Division of Elementary and Secondary Education is authorized to monitor, review documentation, request information, or require additional reports from public schools, school districts, open-enrollment charter schools, or school personnel in order t…

6 CAR § 97-105. Sanctions. (a) If it is determined by the Division of Elementary and Secondary Education that any organized physical activity course allowed to be used for physical education credit by a student does not meet the division’s physical education course content standa…

6 CAR § 97-106. Physical activity courses not required for adequate education. Notwithstanding the provisions of this part, it is recognized by the General Assembly and the State Board of Education that organized physical activity courses as set forth in this part: (1) Are not a …

6 CAR § 97-107. Credit for completing Junior Reserve Officers’ Training Corps. A student who completes two (2) semesters of a Junior Reserve Officers’ Training Corps program shall receive credit for both of the following requirements for graduation from high school: (1) One-half …

6 CAR § 98-101. Definitions. As used in this part: (1)(A) "Class size" means maximum student/teacher ratios for grades one through three (1-3) and four through eight (4-8) as defined in the Division of Elementary and Secondary Education Rules Governing Standards for Accreditation…

6 CAR § 98-102. Implementation. (a)(1) Every student in grades one through six (1-6) enrolled in a public school or an open-enrollment public charter school that is configured as an elementary school shall receive: (A) No less than forty (40) minutes in visual art instruction and…

6 CAR § 98-103. Stipend. The Division of Elementary and Secondary Education shall provide a stipend of no less than one hundred dollars ($100) per class to each school for the purchase of supplies or equipment, depending upon appropriation and availability of funds, for the class…

6 CAR § 99-101. Purpose. The purpose of this part is to establish the minimum standards for approval of gifted programs that meet the requirements of the Rules Governing Standards for Accreditation of Arkansas Public Schools and School Districts, 6 CAR pt. 61: (1) Adopted by the …

6 CAR § 99-102. Definitions. As used in this part: (1) “Approved coordinator of gifted programs” refers to a specialist who: (A) Has attained licensure; (B) Has passed appropriate state-approved assessments; (C) Has met standards as set by the State Board of Education through the…

6 CAR § 99-103. Community involvement. (a) Opportunities for community awareness and involvement are provided. (b) Parents and community members: (1) Are informed annually of the program opportunities for gifted and talented students; and (2) Have the opportunity to ask questions…

6 CAR § 99-104. Staff development. (a) There is a written plan for gifted and talented staff development specific to the needs of gifted students that includes all faculty, when appropriate, based on local education needs of gifted students. (b) Opportunities to increase knowledg…

6 CAR § 99-105. Personnel. (a) Persons who teach identified gifted students in homogeneous groups must: (1) Hold current Arkansas initial or standard teaching licensure; (2) Pass appropriate state-approved assessments; and (3) Meet performance standards as set by the State Board …

6 CAR § 99-106. Identification. (a)(1) The process for identifying students has several stages. (2) Nominations are sought from a wide variety of sources to ensure that all potentially gifted and talented students have an opportunity to be considered. (3) Data are collected on th…

6 CAR § 99-107. Program options. (a) A program is systematically developed with long-range goals that are coordinated to guide the development of gifted students from the time they are identified through graduation from high school. (b) A table of organization is developed that c…

6 CAR § 99-108. Curriculum. (a) Curriculum for the gifted extends or replaces the regular curriculum. (b)(1) Curriculum is differentiated in: (A) Content; (B) Process; and/or (C) Product. (2) Content is differentiated in: (A) Breadth or depth; (B) Tempo or pace; and/or (C) Kind. …

6 CAR § 99-109. Evaluation. (a) The evaluation process provides accurate, timely, and relevant information to decisionmakers for improving program options offered to gifted students. (b) The plan for evaluation is based on program objectives. (c) All components of the gifted and …

6 CAR § 99-201. Community involvement. (a)(1) A working partnership between school personnel and other members of the community will benefit a gifted and talented program. (2) The district should encourage open communication with parents and community members, making them aware o…

6 CAR § 99-202. Staff development. (a)(1) To design a successful staff development program, the district allocates sufficient time and money. (2) Plans for ongoing training in gifted and talented education are incorporated into the district’s total staff development plan. (b)(1) …

6 CAR § 99-203. Personnel. (a)(1) Persons associated with the gifted and talented program need special qualifications in the areas of: (A) Training; (B) Experience; and (C) Personal qualities. (2) Selection of personnel is critical to the quality of the program. (3) A process to …

6 CAR § 99-204. Identification. (a)(1) The purpose of careful and comprehensive identification procedures is to find and serve as many students as possible who need special programs to develop their exceptional abilities. (2) It is important to identify students with potential fo…

6 CAR § 99-205. Program options. (a)(1) Gifted children are as different from each other as they are from other children. (2) They have needs for differing amounts of homogeneous grouping, and at various stages of development their interests differ. (3) No single program option c…

6 CAR § 99-206. Administrative arrangements. (a) Modification in the regular classroom. (1) Cluster grouping. (A) Groups of gifted students are placed in a regular classroom. (B) An approved teacher of the gifted provides instruction and curriculum to meet their special needs (el…

6 CAR § 99-207. Curriculum. (a)(1) Curriculum for the gifted must differ not only in degree, but in kind. (2) It is important to avoid simply "more of the same". (3) It should be in place of rather than in addition to required classroom work. (4) Students should not be penalized …

6 CAR § 99-208. Evaluation. (a) The Rules Governing Standards for Accreditation of Arkansas Public Schools and School Districts, 6 CAR pt. 61, require that each school use procedures to evaluate the effectiveness of educational opportunities provided for gifted and talented stude…

6 CAR § 130-1001. Purpose. The purpose of this subpart is to ensure that an impartial due process hearing is conducted in the manner prescribed by the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 – 1487, and the corresponding federal regulations at 34 C.F.R. pt.…

6 CAR § 130-1002. Definitions. As used in this subpart: (1) “Business day” means Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of business day, as in 34 C.F.R. § 300.148(d)(1)(ii); (2) “Day” means a cale…

6 CAR § 130-1003. Hearings generally — Subject matter. (a) A parent or public agency may file a due process complaint on any of the matters described in 34 C.F.R. § 300.503(a)(1) and (2) and 6 CAR § 130-904(a) relating to the: (1) Identification, evaluation, or educational placem…

6 CAR § 130-1004. Hearings generally — Subject matter for expedited hearings — Timelines for request. (a) If a parent disagrees with a determination that a child’s behavior was not a manifestation of the child’s disability or with any decision regarding placement of the child dur…

6 CAR § 130-1005. Hearings generally — Notification procedures. The following are the procedures to be followed when the parents or public agency officials make it known that they wish to initiate a due process hearing: (1)(A) The hearing request is placed in writing by the reque…

6 CAR § 130-1006. Hearings generally — Parent notice of legal services. When the parent or public agency initiates a hearing under these procedures, or when a parent requests information regarding representation, the public agency shall inform the parent of any free or low-cost l…

6 CAR § 130-1007. Hearings generally — Content of complaint. The party filing a due process hearing request must provide the following information: (1) The name of the child; (2) The residential address of the child; (3) The name of the school the child is attending; (4) A descri…

6 CAR § 130-1008. Hearings generally — Public agency responsibilities. The public agency as a party to a due process hearing must: (1) Complete the Due Process Hearing Information form; (2) Provide access to all education records, reports, and files regarding the child to parents…

6 CAR § 130-1009. Hearings generally — State education agency responsibilities. It shall be the responsibility of the state education agency to: (1)(A) Arrange for the date, time, and location of the hearing and assign a hearing officer to conduct the hearing. (B) The hearing sha…

6 CAR § 130-101. Purpose. The purposes of this part are to: (1) Ensure that all children with disabilities in the State of Arkansas have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique need…

6 CAR § 130-1010. Sufficiency of complaint. (a) The due process complaint required by this section must be deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within fifteen (15) days of receipt of th…

6 CAR § 130-1011. Resolution process. (a) Resolution meeting. (1) Within fifteen (15) days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing under 34 C.F.R. § 300.511 and 6 CAR § 130-1004(c), the LEA must convene a mee…

6 CAR § 130-1012. Hearings generally — Notification of availability of mediation — Mediation consultation. (a) General. The state education agency has established and implements the following procedures to allow parties to disputes involving any matter under this part to resolve …

6 CAR § 130-1013. Hearings generally — Hearing rights. (a) Any party to a hearing under these procedures has the right to: (1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities; (…

6 CAR § 130-1014. Hearings generally — Parental rights at hearings. (a) Parents involved in hearings must be given the right to: (1) Have the child who is the subject of the hearing present; and (2) Open the hearing to the public. (b) The record of the hearing, findings of fact, …

6 CAR § 130-1015. Hearings generally — Publication of findings. The Department of Education, after deleting any personally identifiable information, must: (1) Transmit the findings and decisions of the hearing officer to the Advisory Council for the Education of Children with Dis…

6 CAR § 130-1016. Timelines of hearing. (a) The Department of Education shall ensure that not later than forty-five (45) days after the expiration of the thirty-day period under 34 C.F.R. § 300.510(b) and 6 CAR § 130-1011(b), or the adjusted time periods described under 34 C.F.R.…

6 CAR § 130-1017. Extension of timelines. (a)(1) In general, a hearing officer may grant specific extensions of time beyond forty-five (45) days at the request of either party to the hearing. (2) Extensions of time may be granted for good cause shown. (b) No extension of time sha…

6 CAR § 130-1018. Timelines for expedited hearings. (a)(1) The SEA is responsible for arranging the expedited due process hearing, which must occur within twenty (20) school days of the date the complaint requesting the hearing is filed. (2) The hearing officer must make a determ…

6 CAR § 130-1019. Impartial hearing officer. (a) A hearing must not be conducted by: (1) A person who is an employee of the state education agency or of the local education agency that is involved in the education or care of the child; or (2) Any person having a personal or profe…