Arkansas Administrative Code

6 CAR § 130-1403. Basic requirements for provision of services for parentally placed private school children with disabilities. (a) General. To the extent consistent with the number and location of children with disabilities who are enrolled by their parent in private, including …

6 CAR § 130-1404. Expenditures. (a)(1) Each LEA must spend on providing special education and related services (including direct services) to parentally placed private school children with disabilities: (A) For children aged three (3) to twenty-one (21), an amount that is the sam…

6 CAR § 130-1405. Consultation. To ensure timely and meaningful consultation, an LEA must consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special educati…

6 CAR § 130-1406. Equitable services determined. (a) No individual right to special education and related services. (1) No parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services that th…

6 CAR § 130-1407. Equitable services provided. (a) General. (1) The services provided to parentally placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private…

6 CAR § 130-1408. Location of services — Transportation. (a) Services provided to parentally placed private school children with disabilities may be provided on the premises of private, including religious, schools, to the extent consistent with law. (b) Transportation. (1) Gener…

6 CAR § 130-1409. Due process complaints and state complaints. (a) Due process inapplicable, except for child find. Except as provided in subsection (b) of this section, the procedures in 34 C.F.R. §§ 300.504 – 300.519 and 6 CAR §§ 130-905 – 130-906, 6 CAR § 130-1001 et seq., and…

6 CAR § 130-1410. Separate classes prohibited. An LEA may not use funds available under Section 611 or Section 619 of the Individuals with Disabilities Education Act for classes that are organized separately on the basis of school enrollment or religion of the students if the cla…

6 CAR § 130-1411. Requirement that funds not benefit a private school. (a) An LEA may not use funds provided under Section 611 or Section 619 of the Individuals with Disabilities Education Act to finance the existing level of instruction in a private school or to otherwise benefi…

6 CAR § 130-1412. Use of school personnel. An LEA may use funds available under Sections 611 and 619 of the Individuals with Disabilities Education Act to make public school personnel available in other than public facilities: (1) To the extent necessary to provide services under…

6 CAR § 130-1413. Use of private school personnel. An LEA may use funds available under Section 611 or Section 619 of the Individuals with Disabilities Education Act to pay for the services of an employee of a private school to provide services under 34 C.F.R. §§ 300.130 – 300.14…

6 CAR § 130-1414. Requirements concerning property, equipment, and supplies. (a) A public agency must control and administer the funds used to provide special education and related services under 34 C.F.R. §§ 300.137 – 300.139, and hold title to and administer materials, equipmen…

6 CAR § 130-1415. Children with disabilities enrolled by their parents in private schools when FAPE is at issue. (a) General. (1) This part does not require an LEA to pay for the cost of education, including special education and related services, of a child with a disability at …

6 CAR § 130-1416. Children with disabilities in private schools placed or referred by public agencies. (a) This section applies only to children with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing…

6 CAR § 130-1501. Generally. Each public agency must ensure that the rights of a child are protected when: (1) No parent (as defined in 34 C.F.R. § 300.30 and 6 CAR § 130-246) can be identified; (2) The public agency, after reasonable efforts, cannot locate a parent; (3) The chil…

6 CAR § 130-1502. Duties of public agency. (a) The duties of a public agency under 34 C.F.R. § 300.519(a) and 6 CAR § 130-1501 include the assignment of an individual to act as a surrogate for the parents. (b) This must include a method for: (1) Determining whether a child needs …

6 CAR § 130-1503. Wards of the state. In the case of a child who is a ward of the state, the surrogate parent alternatively may be appointed by the judge overseeing the child's case, provided that the surrogate meets the requirements in 34 C.F.R. § 300.519(d)(2)(i) and (e) and 6 …

6 CAR § 130-1504. Criteria for selection of surrogates. (a) The public agency may select a surrogate parent in any way permitted under state law. (b) Public agencies must ensure that a person selected as a surrogate: (1) Is not an employee of the SEA, the LEA, or any other agency…

6 CAR § 130-1505. Nonemployee requirement — Compensation. A person who otherwise qualifies to be surrogate parent under 34 C.F.R. § 300.519(d) and 6 CAR § 130-1503 is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent.…

6 CAR § 130-1506. Unaccompanied homeless youth. In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents…

6 CAR § 130-1507. Responsibilities. The surrogate parent may represent the child in all matters relating to the: (1) Identification, evaluation, and educational placement of the child; and (2) Provision of FAPE to the child.

6 CAR § 130-1508. SEA responsibility. The SEA must make reasonable efforts to ensure the assignment of a surrogate parent not more than thirty (30) days after a public agency determines that the child needs a surrogate parent.

6 CAR § 130-1601. Access rights. (a)(1) Each participating agency must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under Part B of the Individuals with Disabilities Education Act and t…

6 CAR § 130-1602. 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 acti…

6 CAR § 130-1603. Record of access. Each participating agency must keep a record of parties obtaining access to education records collected, maintained, or used under Part B of the Individuals with Disabilities Education Act and this part (except access by parents and authorized …

6 CAR § 130-1604. Records on more than one child. If any education record includes information on more than one (1) child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific informatio…

6 CAR § 130-1605. List of types and location of information. Each participating agency must provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency.

6 CAR § 130-1606. Fees. (a) Each participating agency may charge a fee for copies of records that are made for parents under this part if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. (b) A participating agency m…

6 CAR § 130-1607. Amendment of records at parent’s request. (a) A parent who believes that information in the education records collected, maintained, or used under this part is inaccurate or misleading or violates the privacy or other rights of the child may request the particip…

6 CAR § 130-1608. Opportunity for a hearing. The agency must, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not: (1) Inaccurate; (2) Misleading; or (3) Otherwise in violation of the privacy or other rights of t…

6 CAR § 130-1609. Result of hearing. (a) If, as a result of the hearing, the agency decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must: (1) Amend the information accordingly; and (2) So inform the…

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…