Arkansas Administrative Code

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 …

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…