reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-102 - Legislative findings

The General Assembly finds that:
(1)
Maintaining a positive education trajectory is challenging for children of uniformed services families due to their parents' frequent reassignments and deployments, which interrupt academic progress, social growth, and achievement;
(2)
Ensuring a quality, effective education for their children is the top concern of military families, which translates to a personnel readiness issue for the uniformed services when service members elect to separate to ensure education stability for their children;
(3)
Countering disruptions adversely impacting successful school transitions is best led by advance notice of a child of a military family's pending transition, swift transfer of education records, well-trained school administrators assessing those records, and the collaborative building of an effective future curriculum plan with military service families;
(4)
Consistent application of qualification and eligibility guidelines provide the basis for a child of a military family's effective educational experience;
(5)
Advanced access to interscholastic and club sports and other extracurricular activities is essential to social development and reinforcing a welcoming reception at new schools;
(6)
The uniform collection and sharing of information regarding the numbers of children of military families transitioning helps decision makers craft programs and make the well-informed decisions that bolster broad education success for children of military families;
(7)
Cooperation and informed collaboration among the educational system, parents and legal guardians, and children of military families are essential to the academic success of a child of a military family;
(8)
Coordination of state and public school district efforts to serve the purposes and carry out the obligations of this chapter is best met through a consolidated state coordinating body to orchestrate collaborative efforts of the state, public school districts, installation commands, and military service families;
(9)
Arkansas is recognized for its establishment and exercise of local programs that facilitate successful school transfers on behalf of children of military families that provide public school districts with the resources, methodologies, and personnel training to support effective transitions by all children of military families;
(10)
Consolidating guidance and administration of programs established by the Division of Elementary and Secondary Education and public school districts ensures smooth transitions for children of military families; and
(11)
To best meet the needs of children of military families requires periodic needs assessment across the state and the potential modification, expansion, or extension of programs.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-103 - Purpose

(a)
The purpose of this chapter is to:
(1)
Maximize the potential for effective school transitions by children of uniformed services families through provisions of this chapter administered by the Division of Elementary and Secondary Education and implemented by public school districts; and
(2)
Consolidate state and Interstate Compact on Educational Opportunity for Military Children, §
6-4-301
et seq., guidance.
(b)
The kindergarten through grade twelve (K-12) success of students of military families is challenged by frequent relocations due to base reassignments and deployments of their parents or legal guardians.
(c)
To better meet the needs of children of Arkansas-based active and reserve component uniformed services families, this chapter expands and extends the application of the provisions of the Interstate Compact on Educational Opportunity for Military Children, §
6-4-301
et seq., by:
(1)
Facilitating the timely enrollment of children of military families and ensuring the children of military families are not placed at a disadvantage due to difficulty in the transfer of education records from a previous public school, including a public school in another state;
(2)
Facilitating the placement process for children of military families so children of military families are not disadvantaged by variations in attendance requirements, scheduling, lesson sequencing, grading, course content, and assessment;
(3)
Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular activities;
(4)
Facilitating the on-time graduation of children of military families;
(5)
Providing for the adoption and enforcement of administrative rules to implement this chapter;
(6)
Providing for the uniform collection and sharing of information between and among public school districts; and
(7)
Promoting flexibility and cooperation between the educational system, military installation leaders and their commands, parents and legal guardians, and children of military families to achieve educational success for the children of military families.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-105 - Application

(a)
This chapter shall apply to dependent children of:
(1)
Members of the active duty and activated reserve components of the uniformed services;
(2)
Members or veterans of the uniformed services who were severely injured in the line of duty and are medically discharged or retired for a period of one (1) year following the medical discharge or retirement;
(3)
Members of the uniformed services who die while on active duty or as a result of injuries sustained while on active duty for a period of one (1) year following the death;
(4)
Dual status military technicians; and
(5)
Traditional members of the National Guard and reserve components of the United States Armed Forces who are relocating to the state for employment or to serve as a member of an Arkansas-based reserve component unit.
(b)
This chapter shall not apply to the dependent children of:
(1)
Inactive members of the National Guard and reserve components of the United States Armed Forces;
(2)
Retired members of the uniformed services, except as provided under subdivision (a)(3) of this section; and
(3)
Other United States Department of Defense personnel and other federal or state agency civilian and contract employees who are not considered members of the uniformed services.
(c)
(1)
This chapter includes provisions and extends application eligibility beyond the scope of the Interstate Compact on Educational Opportunity for Military Children, §
6-4-301
et seq.
(2)
In complying with this chapter, sending districts and receiving districts may request the assistance of sending districts and receiving districts outside of the state to provide services to uniformed services families transferring to or from the state who are covered under this chapter but may not be covered under the interstate compact.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-106 - State direction and coordination

(a)
The Commissioner of Elementary and Secondary Education shall administer:
(1)
This chapter; and
(2)
The state's participation in and compliance with the Interstate Compact on Educational Opportunity for Military Children under §
6-4-301
et seq.
(b)
There shall be created the Arkansas Council for Military Children, whose purpose is to, in collaboration with local military commands, assist state and local education agencies in the implementation of the provisions of this chapter and the interstate compact in order to eliminate barriers to educational success faced by children of military families.
(c)
The State Board of Education shall promulgate rules to implement this chapter.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-107 - Transfer of education records and enrollment

(a)
(1)
Upon receipt of the unofficial copies of a student's education records by a receiving district, and as soon as practicable, a receiving district shall preregister and provisionally place a student based on the information provided in the unofficial education records that is pending validation by the official records.
(2)
If official copies of a student's education records cannot be released to a parent or legal guardian of a student for purposes of a transition under this chapter, then the custodian of the student's education records at the sending district shall prepare and furnish to the parent or legal guardian of the student and the receiving district a complete set of unofficial copies of the student's education records, which shall contain uniform information as determined by the Division of Elementary and Secondary Education.
(b)
(1)
Simultaneous with the enrollment and provisional placement of a student under this section, a receiving district shall request a student's official education records from the sending district.
(2)
Upon receipt of a request under subdivision (b)(1) of this section, a sending district, if it is a district within the state, shall process and furnish a student's official education records within:
(A)
Ten (10) days; or
(B)
A reasonable time frame as established by division rules.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-108 - Advance enrollment

(a)
(1)
Members of the uniformed services shall, as soon as possible, provide advance notice to public schools regarding the enrollment of a student under this chapter.
(2)
When a public school receives notice from a military family under subdivision (a)(1) of this section, the public school shall treat the notice as a provisional enrollment and provide the student with materials regarding:
(A)
Academic courses;
(B)
Electives;
(C)
Sports; and
(D)
Other relevant information regarding the public school.
(3)
A public school:
(A)
Shall consider the anticipated date of enrollment of a student under subdivision (a)(1) of this section in light of:
(i)
Class sizes;
(ii)
Course conflicts; and
(iii)
The availability of elective courses;
(B)
May preregister a student in anticipation of the student's enrollment under subdivision (a)(1) of this section; and
(C)
May seek waivers from the State Board of Education to accommodate a student under this section, including without limitation required class ratios.
(b)
(1)
A student under this section shall receive equitable access to academic courses.
(2)
(A)
A receiving district may enter academic course requests on behalf of an incoming student under this section based on the student's transcript of information sent by the student's family or the student's sending district.
(B)
Special power of attorney relative to the guardianship of a student is sufficient for purposes of enrollment and all other actions requiring parental participation and consent.
(c)
(1)
A receiving district shall not charge local tuition to a student who transitions to the receiving district under this section and who has been placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
(2)
A student who has been placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent may continue to attend the school in which he or she was enrolled while residing with the custodial parent.
(d)
A receiving district shall ensure a student who transitions under this section has the opportunity to participate in extracurricular activities, regardless of application deadlines, and to the extent that the student is otherwise qualified.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-109 - Virtual course enrollment

At the request of a military family, a receiving district may enroll an inbound transitioning child of a military family in virtual distance-learning or digital coursework, if available, to facilitate a smooth transition between the student's previous coursework and the curriculum best suited to ensure educational success in his or her new school.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-110 - Immunizations

(a)
A student shall furnish his or her required immunization records to a receiving district within thirty (30) days of enrolling in the receiving district or within such time as is reasonably determined under Division of Elementary and Secondary Education rules.
(b)
For a series of immunizations, initial vaccinations shall be obtained within thirty (30) days or within such time as is reasonably determined under division rules.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-111 - Grade placement

(a)
A student shall enroll in a receiving district in the same grade level in which he or she was enrolled at the sending district, regardless of the student's age.
(b)
A student who has completed a grade level in the sending district shall be eligible for enrollment in the next highest grade level at the receiving district, regardless of the student's age.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-112 - Course and education program placement

(a)
If the academic courses are offered and there is space available, when a student transitions under this chapter before or during a school year, the receiving district shall provisionally honor the placement of the student in academic courses based on the student's enrollment at the sending district and on educational assessments conducted at the sending district.
(b)
Academic course placement includes without limitation enrollment in:
(1)
Honors courses;
(2)
The International Baccalaureate Diploma Programme;
(3)
Advanced Placement courses; and
(4)
Academic, technical, and career pathway courses.
(c)
A receiving district may perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in an academic course.
(d)
(1)
If the educational programs are offered and there is space available, when a student transitions under this section before or during a school year, the receiving district shall provisionally honor the placement of the student in educational programs based on the student's participation in educational programs at the sending district and on educational assessments conducted at the sending district.
(2)
Educational programs include without limitation:
(A)
Gifted and talented programs; and
(B)
English as a second language courses.
(3)
A receiving district may perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in an educational program.
(e)
A public school district may waive academic course or educational program requirements for students who transition to a receiving district under this chapter.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-113 - Special education services

(a)
A receiving district shall provisionally provide services to a student with disabilities under the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., according to the student's existing individualized education program.
(b)
A receiving district:
(1)
Shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities under this section; and
(2)
May perform subsequent evaluations to ensure a student who transitions under this chapter has been appropriately placed in the receiving district.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-114 - Student excused absence

If a student's parent or legal guardian has been called to duty for, is on leave from, or has immediately returned from deployment, the student may be granted additional excused absences at the discretion of the public school in which he or she is enrolled.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-115 - Graduation - Testing

(a)
In order to ensure the on-time graduation of a student under this chapter, a receiving district shall:
(1)
Waive specific courses that are required for graduation if similar coursework has been satisfactorily completed by a student under the control of another public school or public school district; and
(2)
If a waiver for a specific course under subdivision (a)(1) of this section is denied, the receiving district shall provide:
(A)
Justification for the denial; and
(B)
An alternative means by which the student can complete the required coursework so that the student can graduate on time.
(b)
(1)
A receiving district shall accept results from:
(A)
Exit or end-of-course exams that are required for graduation from the sending district;
(B)
National norm-referenced achievement tests; or
(C)
Alternative testing.
(2)
A sending district shall award and a receiving district shall accept a diploma for a student under this chapter if the student:
(A)
Meets the graduation requirements of the sending district;
(B)
Transitions to the receiving district at the beginning of or during his or her senior year of high school; and
(C)
Is deemed by the receiving district to be ineligible for graduation after all reasonable alternatives under this section have been considered.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-116 - New student reception programs - Military family education coordinators

A public school with twenty (20) or more children of military families enrolled as students under this chapter or a public school district with at least three thousand (3,000) enrolled public school students shall:
(1)
Incorporate into the policies of the public school district specific procedures that outline actions to take in support of students who are the children of military families who transition to and from the public school district; and
(2)
(A)
Designate in each public school district a military family education coordinator to serve as the primary point of contact for each child of a military family and his or her parent or legal guardian.
(B)
The public school military family education coordinator shall:
(i)
Have specialized knowledge regarding the educational needs of children of military families and the obstacles that children of military families face in obtaining an education; and
(ii)
Be included in the establishment and adoption of a public school district's and public school's parent and family engagement plan as required under §
6-15-1702
.
(C)
The Division of Elementary and Secondary Education shall supply relevant resources for the orientation and training of public school military family education coordinators under this section.
Amended by Act 2023, No. 638,§ 3, eff. 8/1/2023.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 1 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS (§§ 6-28-101 — 6-28-117) › Section 6-28-117 - Reporting enrollment of children of members of the uniformed services

The Division of Elementary and Secondary Education shall require a public school to report the enrollment of a student who is a child of a uniformed services family:
(1)
In the Arkansas Public School Computer Network; or
(2)
As established by rule if the public school or public school district does not report information through the Arkansas Public School Computer Network.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 2 - STATE COORDINATION (§§ 6-28-201 — 6-28-206) › Section 6-28-201 - State direction and coordination requirement

The requirement for state coordination is established under §
6-28-106
and under §
6-4-302
, Article VIII.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 2 - STATE COORDINATION (§§ 6-28-201 — 6-28-206) › Section 6-28-202 - Chair of the Arkansas Council for Military Children and Compact Commissioner for Arkansas

(a)
Under this chapter, the Commissioner of Elementary and Secondary Education or his or her designee shall serve as both the:
(1)
Chair of the Arkansas Council for Military Children; and
(2)
Compact Commissioner for Arkansas.
(b)
The chair shall lead the Arkansas Council for Military Children's collaborative support of state and public school district programs that carry out the provisions of this chapter.
(c)
The Compact Commissioner for Arkansas is responsible for the administration and management of the state's participation in the Interstate Compact on Educational Opportunity for Military Children, §
6-4-301
et seq.
(d)
In order to administer this chapter and supplementary agreements entered into by the state, or as further directed by law, the Division of Elementary and Secondary Education, or the State Board of Education and the chair and the Compact Commissioner for Arkansas, shall cooperate with all:
(1)
Departments, agencies, and officers of and in the government of this state; and
(2)
School districts and political subdivisions of this state.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 2 - STATE COORDINATION (§§ 6-28-201 — 6-28-206) › Section 6-28-205 - Military family education liaison

(a)
The Commissioner of Elementary and Secondary Education shall designate a military family education liaison.
(b)
The military family education liaison shall:
(1)
Have specialized knowledge related to the:
(A)
Educational needs of children of military families; and
(B)
Obstacles that children of military families face in obtaining an education;
(2)
Serve as a member of the Arkansas Council for Military Children; and
(3)
Have duties as defined by the Chair of the Arkansas Council for Military Children, which shall include without limitation:
(A)
Assisting the chair and the council in the administration of this chapter;
(B)
Facilitating school transitions of children of military families; and
(C)
Assisting in the orientation and training of public school district military family education coordinators.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 28 - ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 (§§ 6-28-101 — 6-28-206) › Subchapter 2 - STATE COORDINATION (§§ 6-28-201 — 6-28-206) › Section 6-28-206 - Immunity not affected

(a)
This chapter shall not affect the immunity from suit granted to state officials and state employees under §
19-10-305
or to the state and its official agencies under Arkansas Constitution, Article 5, § 20.
(b)
The exercise of the powers and performance of duties provided for in this chapter by the Chair of the Arkansas Council for Military Children or the Compact Commissioner for Arkansas to the Interstate Compact on Educational Opportunity for Military Children, §
6-4-301
et seq., and the military family education liaison for Arkansas and its officers, agents, and employees are declared to be public and governmental functions, exercised for a public purpose and matters of public necessity, conferring upon each authority governmental immunity from suit in tort.
Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 6-41-101 — 6-41-104) › Section 6-41-101 - Services to children with disabilities in nonpublic schools

(a)
Before expending any funding for new programs for children with disabilities that include funding for evaluation, counseling, assessment, personnel, equipment, or other capital outlay in other than public schools, the Division of Career and Technical Education shall publish a public notice of the intent to provide additional special services to children with disabilities, specifying the services in the public notice, and inviting organizations that are recognized by the state to provide education, assessment, jobs skills training, or vocational education to children with disabilities to submit proposals to provide the additional special services.
(b)
The division may award one (1) or more contracts to any organization that can fulfill the goals and objectives of the program, or the division may assume responsibility for implementing the program.
Amended by Act 2019, No. 910,§ 1762, eff. 7/1/2019.
Acts 1987, No. 1048, § 12; 1993, No. 294, § 14; 1999, No. 1323, § 25.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 6-41-101 — 6-41-104) › Section 6-41-102 - Extended year program

School districts shall establish and implement extended year programs for school-age children with disabilities for periods beyond the normal school year in accordance with each student's individualized education program.
Amended by Act 2017, No. 874,§ 1, eff. 8/1/2017.
Acts 1983 (Ex. Sess.), No. 100, § 4; A.S.A. 1947, § 80-2145; Acts 1993, No. 294, § 14; 1999, No. 391, § 22.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 6-41-101 — 6-41-104) › Section 6-41-103 - Identification of children with disabilities

(a)
Each local educational agency in the state shall:
(1)
Ensure that all children with disabilities within its jurisdiction and in need of special education and related services are identified, located, and evaluated, regardless of the severity of their disability, including without limitation:
(A)
Children with disabilities attending private schools;
(B)
Highly mobile children with disabilities, including migrant children;
(C)
Children who are suspected of having a disability and need special education even though they are advancing from grade to grade; and
(D)
Children with disabilities who are homeless or wards of the state; and
(2)
Develop and maintain a written child-find plan outlining the systematic and continuous efforts it will undertake to meet its responsibilities as described in subdivision (a)(1) of this section.
(b)
The State Board of Education shall adopt rules necessary to implement this section.
Amended by Act 2017, No. 874,§ 1, eff. 8/1/2017.
Acts 1991, No. 338, §§ 1-4.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 1 - GENERAL PROVISIONS (§§ 6-41-101 — 6-41-104) › Section 6-41-104 - Services for children determined in another state to be eligible for services due to behavioral disability

(a)
This section applies to a child who:
(1)
Enrolls for the first time in special education services at an Arkansas public school; and
(2)
Has been previously determined by a school district in another state to be eligible for special education services due to a behavioral disability.
(b)
The Arkansas public school district shall conduct an evaluation of the child consistent with federal and state rules to determine the appropriate special education disability category recognized in this state, if any.
(c)
(1)
If a child with a disability who had an individualized education program that was in effect in a previous public agency in another state transfers to a public agency in this state and enrolls in a new school within the same school year, the new public agency in consultation with the parents must provide the child with free appropriate public education including services comparable to those described in the child's individualized education program from the previous public agency until such time as the new public agency:
(A)
Conducts an evaluation pursuant to
34 C.F.R. § 300.304
through
34 C.F.R. § 300.306
, if determined to be necessary by the new public agency; and
(B)
Develops, adopts, and implements a new individualized education program, if appropriate, that meets the applicable requirements in
34 C.F.R. § 300.320
through
34 C.F.R. § 300.324
.
(2)
If the child's behavior results in an out-of-school suspension of ten (10) or more consecutive or nonconsecutive days or an expulsion during the period of time the child receives special education services under the disability category of behavioral disability, the child's individualized education program team shall meet to review the child's individualized education program, including the behavioral needs of the child and the current placement of the child, consistent with federal and state rules dealing with special education and related services.
(d)
The Division of Elementary and Secondary Education shall have the authority to promulgate rules as necessary to carry out the provisions of this section.
Amended by Act 2019, No. 910,§ 1763, eff. 7/1/2019.
Acts 2009, No. 377, § 1.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 2 - CHILDREN WITH DISABILITIES ACT OF 1973 (§§ 6-41-201 — 6-41-223) › Section 6-41-201 - Title

This subchapter shall be known as the "Children With Disabilities Act of 1973".
Acts 1973, No. 102, § 1; A.S.A. 1947, § 80-2115; Acts 1993, No. 294, § 14.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 2 - CHILDREN WITH DISABILITIES ACT OF 1973 (§§ 6-41-201 — 6-41-223) › Section 6-41-202 - Purposes and applicability

(a)
(1)
It is the policy of this state to provide and to require school districts to provide, as an integral part of the public schools, a free appropriate public education for students with disabilities.
(2)
The State Board of Education is expressly authorized to assign responsibility for providing free appropriate public education of any child with a disability to an appropriate school district.
(b)
The provisions of this section shall apply to all political subdivisions of the state that are involved in the education of children with disabilities, including without limitation the state educational agency, local educational agencies, educational service agencies, public charter schools that are not otherwise included as local educational agencies or educational service agencies and are not a school of a local educational agency or educational service agency, other state agencies and schools, including without limitation the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and state schools for children with deafness or children with blindness, and state and local juvenile and adult correction facilities.
(c)
The provisions of this section shall be binding on each public agency in the state that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq.
(d)
Each public agency in the state is responsible for ensuring that the rights and protections under Part B of the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., are given to children with disabilities referred to or placed in private schools and facilities by that public agency or placed in private schools by their parents under the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq.
(e)
The state educational agency is responsible for ensuring that the requirements of this section are carried out and that each educational program for children with disabilities administered within the state, including without limitation each program administered by any other state or local agency, is under the general supervision of the persons responsible for educational programs for children with disabilities in the state educational agency and meets the educational standards of the state educational agency, including without limitation the requirements of the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq.
Amended by Act 2017, No. 913,§ 23, eff. 8/1/2017.
Acts 1973, No. 102, §§ 2, 17; 1979, No. 1055, § 1; A.S.A. 1947, §§ 80-2116, 80-2131; Acts 1989, No. 703, § 1; 1993, No. 294, § 14; 2005, No. 2151, § 27; 2007, No. 1573, § 34.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 2 - CHILDREN WITH DISABILITIES ACT OF 1973 (§§ 6-41-201 — 6-41-223) › Section 6-41-203 - Definitions

As used in this subchapter:
(1)
"A child with a disability" means a person evaluated in accordance with the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., as having an intellectual disability, a hearing impairment, including without limitation deafness, a speech or language impairment, a visual impairment, including without limitation blindness, emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, other health impairments, a specific learning disability, deaf-blindness, or multiple disabilities and who, by reason thereof, needs special education and related services;
(2)
"Board" means the State Board of Education;
(3)
"Free appropriate public education" means special education and related services that:
(A)
Are provided at public expense, under public supervision, and without charge;
(B)
Meet the standards of the Division of Elementary and Secondary Education and the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., as it existed on January 1, 2017;
(C)
Include an appropriate preschool, elementary school, or secondary school education; and
(D)
Are provided in conformity with an individualized education program that meets the requirements of the Individuals with Disabilities Education Act,
20 U.S.C. § 1400
et seq., as it existed on January 1, 2017; and
(4)
(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 instruction conducted in the classroom, in the home, in hospitals and institutions, in other settings, and instruction in physical education.
(B)
"Special education" includes each of the following, if the services otherwise meet the requirements of this definition:
(i)
Speech-language pathology services or any other related service if the service is considered special education rather than a related service under state standards;
(ii)
Travel training; and
(iii)
Vocational education.
Amended by Act 2019, No. 910,§ 1764, eff. 7/1/2019.
Amended by Act 2017, No. 874,§ 3, eff. 8/1/2017.
Amended by Act 2017, No. 874,§ 2, eff. 8/1/2017.
Acts 1973, No. 102, §§ 2, 10, 11; 1975, No. 641, § 4; 1979, No. 1055, § 1; A.S.A. 1947, §§ 80-2116, 80-2124, 80-2125; Acts 1989, No. 943, § 1; 1991, No. 204, § 1; 1991, No. 823, § 1; 1993, No. 294, § 14; 1999, No. 391, §§ 23, 24; 2007, No. 1573, § 35.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 2 - CHILDREN WITH DISABILITIES ACT OF 1973 (§§ 6-41-201 — 6-41-223) › Section 6-41-204 - Least restrictive environment

(a)
Each public agency shall ensure that:
(1)
To the maximum extent appropriate, a child with a disability, including a child in a public or private institution or other care facility, is educated with children who are nondisabled; and
(2)
Special classes, separate schooling, or other removal of a child with a disability from the regular educational environment may occur only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
(b)
The state funding mechanism shall not:
(1)
Result in placements that violate the requirements of subsection (a) of this section; or
(2)
Distribute funds on the basis of the type of setting in which a child is served in a manner that results in the failure to provide a child with a disability free appropriate public education according to the unique needs of the child with a disability, as described in the child's individualized education program.
Acts 1973, No. 102, § 4; A.S.A. 1947, § 80-2118; Acts 1993, No. 294, § 14; 2007, No. 1573, § 36.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 2 - CHILDREN WITH DISABILITIES ACT OF 1973 (§§ 6-41-201 — 6-41-223) › Section 6-41-205 - Provision for education

(a)
The state shall make available a free appropriate public education to each child with a disability from three (3) years of age until the end of the school year in which the child turns twenty-one (21) years of age.
(b)
The State Board of Education shall provide or cause to be provided by school districts, or in some cases by other departments of state government, by institutions, or by private facilities, all regular and special education, corrective, and supporting services required by children with disabilities to the end that they shall receive the benefits of a free and appropriate public education.
Amended by Act 2017, No. 874,§ 4, eff. 8/1/2017.
Acts 1973, No. 102, § 3; A.S.A. 1947, § 80-2117; Acts 1993, No. 294, § 14; 1999, No. 391, § 25.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 2 - CHILDREN WITH DISABILITIES ACT OF 1973 (§§ 6-41-201 — 6-41-223) › Section 6-41-206 - Responsibilities of state and school districts

(a)
(1)
The responsibility of school districts and the state to provide free public education for children with disabilities is not diminished by the availability of private schools and services.
(2)
Whenever private schools and services are utilized, it continues to be the responsibility of the appropriate local school district and the State Board of Education to assure an appropriate quantity and quality of instructional and related services, to assure the protection of all other rights, and to ascertain that all children with disabilities receive the educational and related services and rights to which the law of this state entitles them.
(b)
It shall be the responsibility of the local school district and the state to provide a free and appropriate public education based upon the individualized education program developed for the child.
Acts 1973, No. 102, § 9; 1975, No. 641, § 3; A.S.A. 1947, § 80-2123; Acts 1989, No. 703, §§ 2, 3; 1993, No. 294, § 14; 1999, No. 391, § 26; 2007, No. 1573, § 37.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 2 - CHILDREN WITH DISABILITIES ACT OF 1973 (§§ 6-41-201 — 6-41-223) › Section 6-41-207 - Duties of State Board of Education

(a)
The State Board of Education is empowered to initiate, inspect, approve, and supervise a program of education for children with disabilities as defined in this subchapter.
(b)
It is also designated as the agency for cooperation with the state government and the United States Government, the approved treatment centers, the institutions, and the local schools in carrying out the provisions of this subchapter.
(c)
The state board shall make the necessary rules in keeping with the provisions of this subchapter and shall employ the necessary personnel for the proper administration of this subchapter if funds are made available for this purpose.
(d)
The state board shall have authority to require such reports as it deems advisable so long as the requirements are in keeping with this subchapter.
(e)
The state board, in keeping with federal requirements, is designated as the agency having general educational supervision over public agencies which provide educational services to children with disabilities as defined in this subchapter to ensure that each public agency complies with state rules and federal regulations pursuant to the education of children with disabilities.
(f)
(1)
The state board, in compliance with federal enforcement requirements, is authorized to disallow the generation of all state aid to children with disabilities to any local school district or education service cooperative that fails to comply with state rules and federal regulations, as determined by independent hearing officers, agency hearing decisions, agency complaint investigation decisions, agency compliance monitoring reports, or agency jurisdictional decisions.
(2)
The state board is authorized to set aside funds disallowed under this subsection and to utilize such funds for the provision of a free and appropriate public education to appropriate children with disabilities.
Amended by Act 2019, No. 315,§ 320, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 319, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 318, eff. 7/24/2019.
Acts 1973, No. 102, §§ 14, 24; A.S.A. 1947, §§ 80-2128, 80-2138; Acts 1989, No. 703, § 4; 1993, No. 294, § 14.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 2 - CHILDREN WITH DISABILITIES ACT OF 1973 (§§ 6-41-201 — 6-41-223) › Section 6-41-208 - Contracts for services

(a)
The State Board of Education is granted authorization to contract primarily for appraisal and support services with the Department of Human Services, physicians, or other individuals or organizations that, in the opinion of the state board, possess the necessary expertise to warrant a contract.
(b)
In the event of contract, fees paid by the state board may not exceed the amounts that would be paid by a private individual for those services.
Acts 1973, No. 102, § 6; 1975, No. 641, § 10; A.S.A. 1947, § 80-2120.
Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 3 - SPECIAL EDUCATIONAL PROGRAMS (§§ 6-40-101 — 6-48-104) › Chapter 41 - CHILDREN WITH DISABILITIES (§§ 6-41-101 — 6-41-908) › Subchapter 2 - CHILDREN WITH DISABILITIES ACT OF 1973 (§§ 6-41-201 — 6-41-223) › Section 6-41-209 - Cooperation among state agencies

The State Board of Education is granted authority to and is directed to cooperate with the Department of Human Services and with available treatment institutions and qualified individuals in order to provide diagnostic services to children with disabilities in need of such services.
Acts 1973, No. 102, § 13; 1975, No. 641, § 5; A.S.A. 1947, § 80-2127; Acts 1993, No. 294, § 14.