DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING THE ENROLLMENT OF STUDENTS OF MILITARY FAMILIES
CHAPTER 1 : REGULATORY AUTHORITY, PURPOSE, DEFINITIONS, AND APPLICATION
1-1.00 REGULATORY AUTHORITY
1-1.01 These rules shall be known as the
Division of Elementary and Secondary Education Rules Governing the Enrollment
of Students of Military Families.
1-1.02 The State Board of Education enacted
these rules pursuant to its authority as set forth in Ark. Code Ann
§§6-4-305 and 6-18-107.
1-2.00 PURPOSE
1-2.01 The purpose of this rule is to extend
laws related to children of active duty members of the uniformed forces under
the Interstate Compact on Educational Opportunity for Military Children to
children of all components of the uniformed services in order to remove
barriers to educational success that may be experienced by children of military
families due to frequent moves and deployment of their parents by
1-2.01.1 Facilitating the timely enrollment
of children of military families and ensuring the children 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;
1-2.01.2 Facilitating the student placement
process so children of military families are not disadvantaged by variations in
attendance requirements, scheduling, lesson sequencing, grading, course
content, and assessment;
1-2.01.3
Facilitating the qualification and eligibility for enrollment, educational
programs, and participation in extracurricular activities;
1-2.01.4 Facilitating the on-time graduation
of children of military families;
1-2.01.5 Providing for the adoption and
enforcement of administrative rules to implement the Compact;
1-2.01.6 Providing for the uniform collection
and sharing of information between and among public school districts
and
1-2.01.7 Promoting flexibility
and cooperation between the educational system, parents and legal guardians
and students in order to achieve educational success for the student
1-3.00
DEFINITIONS1-3.01 "Activated reserve
components" means members of the reserve component of the uniformed services
who have received a notice of intent to deploy or mobilize under Title 10 of
the United States Code, Title 32 of the United States Code, or state
mobilization to active duty;
1-3.02
"Active duty" means full-time duty status in the active, uniformed services of
the United States, including without limitation members of the National Guard
and Reserve on active duty orders under
10 U.S.C.
§§
1209,
1210,
and
1211,
as they existed on January 1, 2019;
1-3.03 "Children of military families" means
school-aged children enrolled in Kindergarten through Twelfth (12th) grade, in
the household of a member of any component of the uniformed services.
1-3.04 "Compact" means the Interstate Compact
on Educational Opportunity for Military Children.
1-3.05 "Council" means the Arkansas State
Council for the Interstate Compact on Educational Opportunity for Military
Children (Arkansas State MIC3 Council).
1-3.06 "Deployment" means the period of time
six (6) months before a member of the uniformed services' departure from their
home station on military orders through six (6) months after return to his or
her home station;
1-3.07 "Division"
means the Division of Elementary and Secondary Education;
1-3.08 "Education records" means an official
record, file, or data directly related to a student and maintained by a public
school or local education agency, including without limitation a record
encompassing all the material kept in a student's cumulative folder such as:
1-3.08.1 General identifying data;
1-3.08.2 Records of attendance and of
academic work completed;
1-3.08.3
Records of achievement and results of evaluative tests;
1-3.08.4 Health data;
1-3.08.5 Disciplinary status;
1-3.08.6 Test protocols; and
1-3.08.7 Individualized education
programs;
1-3.09
"Extracurricular activity" means a voluntary activity sponsored by a public
school or local education agency or an organization sanctioned by the local
education agency.1-3.09.1 "Extracurricular
activity" includes without limitation preparation for and involvement in public
performances, contests, athletic competitions, demonstrations, displays, and
club activities;
1-3.10
"Local education agency" means a public authority legally constituted by the
state as an administrative agency to provide control of and direction for
kindergarten through grade twelve (K-12) public schools;
1-3.11 "Military installation" means a base,
camp, post, station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the United States Department of Defense or
the State of Arkansas;
1-3.12
"Public school" means a state-supported school or public charter school serving
students in prekindergarten, kindergarten, elementary, middle, or secondary
grades or kindergarten through grade twelve (K-12) in Arkansas, and includes
without limitation:1-3.12.1 Alternative
learning environments;
1-3.12.2 The
Arkansas School for the Blind;
1-3.12.3 The Arkansas School for the Deaf;
and
1-3.12.4 The Arkansas School
for Mathematics, Sciences, and the Arts.
1-3.13 "Receiving district" means a public
school district to which a child of a uniformed services member
transitions;
1-3.14 "Sending
district" means the public school district from which a child of uniformed
services member transfers;
1-3.15
"Student" means the dependent minor child of a uniformed services member for
whom the local education agency receives public funding and who is enrolled in
a public school;
1-3.16
"Transition" means the:1-3.16.1 Formal and
physical process of transitioning from public school to public school;
or
1-3.16.2 Period of time in which
a student moves from a sending district to a receiving district.
1-3.17 "Uniformed services" means
the United States Army, United States Navy, United States Air Force, United
States Marine Corps, United States Coast Guard, the National Oceanic and
Atmospheric Administration Commissioned Officer Corps, the United States
Commissioned Corps of the Public Health Services, and the state and federal
reserve components of each of these bodies; and
1-3.18 "Veteran" means an individual who
served in the uniformed services and who was discharged or released from the
uniformed services under conditions other than
dishonorable.
1-4.00
APPLICATION1-4.01 This rule applies to minor
dependent children of:1-4.01.2 Members of the
active and activated reserve components of the uniformed services;
1-4.01.2 Members or veterans of the uniformed
services who are severely injured in the line of duty and are medically
discharged or retired, for a period of one...
