Arkansas Administrative Code

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…

6 CAR § 130-402. Content of referral. Along with the information provided in the Referral Form, any information that may assist in determining whether or not a child is a child with a disability should be submitted, including, but not limited to: (1) The results of hearing and vi…

6 CAR § 130-403. Notice of referral conference. (a) Within seven (7) calendar days of the date the local educational agency receives the written referral, the local educational agency must schedule a referral conference at a time and place agreed upon by the parent or parents and…

6 CAR § 130-404. Referral conference. (a) If a child is referred to the local educational agency pursuant to 6 CAR § 130-401, a referral conference must be held for the purpose of: (1) Reviewing all existing information related to the child; and (2) Determining the actions to be …

6 CAR § 130-405. Temporary placement during evaluation. (a) If a referral conference results in a decision to evaluate a child, and existing data and educational observations establish the need for immediate intervention or differential diagnostic data gathering, the local educat…

6 CAR § 130-406. Consent to evaluate. (a)(1) The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under 34 C.F.R. § 300.8 must, after providing notice consistent with 34 C.F.R. §§ 300.503 and 300.504, obtain i…

6 CAR § 130-501. Provision of FAPE. (a) The State of Arkansas must ensure that all children with disabilities, from three (3) years of age until the end of the school year in which the child turns twenty-one (21) years of age, residing in the state have the right to and availabil…

6 CAR § 130-502. FAPE — Methods and payments. (a) Public agencies in the State of Arkansas may use whatever state, local, federal, and private sources of support are available in the state to meet the requirements of this part. (b) Nothing herein relieves an insurer or similar th…

6 CAR § 130-503. Residential placement. (a) If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including nonmedical care and room and board, must be at no cost to the pa…

6 CAR § 130-504. Routine checking of hearing aids and external components of surgically implanted medical devices. (a) Hearing aids. Each public agency must ensure that the hearing aids worn in school by children with hearing impairments, including deafness, are functioning prope…

6 CAR § 130-505. Program options. Each LEA or other public agency must take steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the school district or o…

6 CAR § 130-506. Nonacademic services. (a) Each LEA or other public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP team, to provide nonacademic and extracurricular services and activities …

6 CAR § 130-507. Physical education. (a) Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE unless the public agency: (1) Enrolls children without disabilities; and (2) Does not provide physical edu…

6 CAR § 130-508. Assistive technology. (a) Each LEA and other public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in 34 C.F.R. §§ 300.5 and 300.6, respectively, and 6 CAR §§ 130-204 and 130-205, are mad…

6 CAR § 130-509. Extended school year services. (a) General. (1) Each LEA and other public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with subdivision (a)(2) of this section. (2) Extended school year services must …

6 CAR § 130-510. FAPE requirements for students with disabilities in adult prisons. (a) Except as provided in 34 C.F.R. § 300.102, the obligation to make FAPE available to all children with disabilities does not apply with respect to students aged eighteen (18) to twenty-one (21)…

6 CAR § 130-511. Children with disabilities in charter schools. (a) Children with disabilities who attend public charter schools and their parents retain all rights under this part. (b)(1) If the public charter school is an LEA, consistent with 34 C.F.R. § 300.28, that receives f…