005.28.20 Ark. Code R. § 014 Dese Rules Governing Student Special Needs Funding

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 005.28.20 Ark. Code R. § 014

ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING STUDENT SPECIAL NEEDS FUNDING

Effective July 2, 2020

1.00 AUTHORITY

1.01 The Arkansas State Board of Education's authority for promulgating these Rules is pursuant to Ark. Code Ann §§ 6Powers and duties6-11-105 6Access to public school information on school improvement plans6-15-2202 6Definitions6-20-401 et seq 6Title6-20-2301 et seq., and 6Definitions6-48-101 et seq., and Acts 936 and 1044 of 2017, Act 243 of 2018, and Acts 532 and 1083 of 2019.

1.02 These Rules shall be known as the Arkansas Division of Elementary and Secondary Education ("Division") Rules Governing Student Special Needs Funding.

2.00 PURPOSE

2.01 The purpose of these Rules is to distribute student special needs funding and define the allowable expenditures of those funds.

3.00 DEFINITIONS

3.01 "Alternative Learning Environment (ALE)" is a student intervention program consisting of an alternate class or program within a public school or school district that 3.01.1 Affords all students an environment that seeks to eliminate traditional barriers to learning for students whose academic and social progress are negatively affected by the student's personal characteristics or situation; and 3.01.2 Is not a punitive environment but is one that is conducive to learning. 3.01.3 For determination of funding only, an ALE is not a separate school even if the Division assigns the ALE a separate local education agency number.

3.02 "Average Daily Membership (ADM)" is the total number of days of school attended plus the total number of days absent by students in grades kindergarten through twelve (K-12) during the first three (3) quarters of each school year divided by the number of school days actually taught in the school district during that period of time rounded up to the nearest hundredth.3.02.1 In those instances in which the ADM for fewer than three (3) quarters is specified, the number of days used in the calculation shall be the days in the specified period of time. 3.02.2 As applied to these Rules, students who may be counted for ADM are: 3.02.2.1 Students who reside within the boundaries of the school district, are enrolled in a public school operated by the school district, and are enrolled in a curriculum that fulfills the requirements established by the State Board of Education (State Board) under the Standards for Accreditation of Arkansas Public Schools and School Districts; 3.02.2.2 Legally transferred students living outside the school district, but who are attending a public school in the school district under a provision of the Arkansas Code and are enrolled in a curriculum that fulfills the requirements established by the State Board under the Standards for Accreditation of Arkansas Public Schools and School Districts. 3.02.2.3 Open-enrollment public charter school students who are enrolled in a curriculum that fulfills the requirements established by the State Board under the Standards for Accreditation of Arkansas Public Schools and School Districts; 3.02.2.4 Students who are eligible to attend and who reside within the boundaries of a school district and are enrolled in the Arkansas National Guard Youth Challenge Program, so long as the students are participants in the program; 3.02.2.5 Students who reside within the boundaries of the school district but due to geographic barriers attend school out-of-state under a tuition agreement, even if they are not enrolled in a curriculum that fulfills the requirements established by the State Board under the Standards for Accreditation of Arkansas Public Schools and School Districts; or 3.02.2.6 Any other circumstance allowed by law.

3.03 "Classroom Teacher" is an individual who is required to hold a teaching license from the Division and who is working directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time; a guidance counselor; or a librarian.

3.04 "Community Eligibility Provision (CEP) District" is a school district that is identified by the Division as participating in the special assistance certification and reimbursement alternative implemented under 42 U.S.C. § 42Direct disbursement to schools by Secretary1759(a).

3.05 "Community Eligibility Provision (CEP) District Base Year (Base Year)" is the last school year for which individual student free or reduced-price meal eligibility determinations were made.

3.06 "Coordinated School Health Coordinator" is an individual that coordinates the implementation of the Whole School, Whole Community, Whole Child (WSCC) model components, facilitates the Wellness Plan, and has a minimum of a bachelor's degree (master's degree preferred) in education, nursing, health services administration, social services, psychology/mental health services, or nutrition. The coordinator will be in addition to other school health staff or positions.

3.07 "Coordinated School Health (CSH)" is an effective system designed to connect health (physical, mental/emotional, and social) with education. This coordinated approach improves students' health and their capacity to learn through the support of families, communities, and schools working together. The CSH approach consists of ten major components. Although these components are listed separately, it is their composite that allows CSH to have significant impact. The ten components include: health education, physical education and physical activity, health services, nutrition environment and services, social and emotional school climate, counseling, psychological, and social services, physical environment, employee wellness, family engagement, and community involvement.

3.08 "English Language Learners (ELL)" are students identified as not proficient in the English language based upon approved English proficiency assessment instruments, which measure proficiency in and comprehension of English in reading, writing, speaking, and listening.

3.09 "Eligible Alternative Learning Environment (ALE)" is an Alternative Learning Environment (ALE) approved by the Division pursuant to Section 4.05 below as being in compliance with Ark. Code Ann. § 6Definitions6-48-101 et seq. and these Rules.

3.10 "Eligible ALE Student" is a student who:3.10.1 Meets the qualifications of Section 4.02; 3.10.2 Is enrolled in an eligible ALE program; and 3.10.3 Has been enrolled in an eligible ALE for a minimum of twenty (20) consecutive days per school year except as provided in Section 4.06.3.3.

3.11 "Experience-based Field Trip" is a student field trip which culminates an academic content unit directly tied to the Arkansas Academic Standards that includes evidence-based activities.

3.12 "General Description" includes needs assessment/process results, descriptions of positions, programs, other expenditures, and program evaluation.

3.13 "Human Service Worker" is someone who shall collaborate and provide information, resources, services, and referrals, to the district, local education agency, parents, and students in a variety of activities, trainings, and assessments concerning the physical, mental/emotional, and social health of the child.

3.14 "Intervention Services" are activities within or outside a school that will eliminate traditional barriers to learning.

3.15 "Licensed Mental Health Professional (LMHP)" is someone who holds a master's degree from a graduate program in the field of professional mental health services. They may render mental health care services to individuals, families, or groups. LMHPs use therapeutic techniques to define goals and develop treatment plans aimed toward prevention, treatment, and resolution of mental and emotional dysfunction. Mental Health Professionals are licensed by the specific state boards corresponding with their licensure (i.e., Board of Examiners [LPC, LAC], Board of Psychology [PhD, LPE), Social Work Licensing Board [LCSW, LMSW, LSW], which also monitors professional conduct).

3.16 "NSLA" is the National School Lunch Act.

3.17 "National School Lunch Students" are those students from low socioeconomic backgrounds as indicated by eligibility for free or reduced-price meals under the United States Department of Agriculture's National School Lunch Program as determined on October 1 of each previous school year and submitted to the Division, unless the district is a Provision 2 district or a Community Eligibility Provision (CEP) district.

3.18 "Open Enrollment Public Charter School" is a public school operating under the terms of a charter granted by the State Board of Education pursuant to Ark. Code Ann. § 6Title6-23-101 et seq.

3.19 "Previous Year" is the school year immediately preceding the current school year.

3.20 "Professional Development" is a coordinated set of planned learning activities that: 3.20.1 Improve the knowledge, skills, and effectiveness of teachers; 3.20.2 Address the knowledge and skills of administrators and paraprofessionals concerning effective instructional strategies, methods, and skills; 3.20.3 Lead to improved student academic achievement; and 3.20.4 Are evidence-based, standards-based, and continuous. 3.20.5 Training activities for school bus drivers may also be included.

3.21 "Provision 2 District" is a school district that is identified by the Division as participating in the special assistance certification and reimbursement alternative implemented under 42 U.S.C. § 42Direct disbursement to schools by...