Arkansas Administrative Code

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, …

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.…