DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS
Effective Date: June 27, 2022
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 Arkansas
Military Child School Transitions.
1-1.02 The State Board of Education enacted
these rules pursuant to its authority as set forth in Ark. Code Ann
§§ 6-28-103 and 6-28-106.
1-2.00 PURPOSE AND REGULATORY INTENT
1-2.01 The purpose of this rule is to
maximize the potential for effective school transitions by children of
uniformed services families through provisions of these rules to be implemented
by public school districts as codified in Ark. Code Ann. § 6-28-101
et seq.
1-2.02 To
better meet the needs of children of Arkansas-based active and reserve
Component uniformed service families, this rule expands and extends the
Application of the provisions of the Interstate Compact on Educational
Opportunity for Military Children, Ark. Code Ann. §
6-4-301, et seq., by
1-2.02.1 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;
1-2.02.2 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;
1-2.02.3
Facilitating the qualification and eligibility for enrollment, educational
programs, and participation in extracurricular activities;
1-2.02.4 Facilitating the on-time graduation
of children of military families;
1-2.02.5 Providing for the adoption and
enforcement of administrative rules to implement Ark. Code Ann. § 6-28101
et seq.;
1-2.02.6 Providing for the
uniform collection and sharing of information between and among public school
districts; and
1-2.02.7 Promoting
flexibility and cooperation between the educational system, military
installation leaders and their commands, parents and legal guardians, and
children of military families in order to achieve educational success for the
student.
1-3.00
DEFINITIONS 1-3.01 "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 components of the uniformed services on active duty orders under
10 U.S.C
§§
1209 and
1210
or 42 U.S.C. § 204, as they existed on January 1, 2021;
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 Council
for Military Children.
1-3.06
"Deployment" means the period of time six (6) months before a member of the
uniformed services' departure from his or her home or duty 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 "Dual status military technician"
means a federal civilian employee who is:
1-3.08.1 Employed under
5 U.S.C. §
3101 or 32 U.S.C. § 709(b);
1-3.08.2 Required as a condition of his or
her employment to maintain membership in the Selected Reserve; and
1-3.08.3 Assigned to a civilian position as a
technician in the organizing, administering, instructing, or training of the
Selected Reserve or in the maintenance and repair of supplies or equipment
issued to the Selected Reserve of the United States Armed Forces.
1-3.09 "Education record" 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:1-3.09.1 General identifying
data;
1-3.09.2 Records of
attendance and of academic work completed;
1-3.09.3 Records of achievement and results
of evaluative tests;
1-3.09.4
Health data;
1-3.09.5 Disciplinary
status;
1-3.09.6 Test protocols;
and
1-3.09.7 Individualized
education programs;
1-3.10 "Extracurricular activity" means a
voluntary activity sponsored by a public school or local education agency or an
organization sanctioned by the local education agency.
1-3.10.1 "Extracurricular activity" includes
without limitation preparation for and involvement in public performances,
contests, athletic competitions, demonstrations, displays, and club
activities;
1-3.11
"Military installation" means:1-3.11.1 United
States Department of Defense installations, which shall include:
1-3.11.1.1 Little Rock Air Force
Base;
1-3.11.1.2 Pine Bluff
Arsenal;
1-3.11.1.3 Camp Pike Armed
Forces Reserve Complex; and
1-3.11.2 Arkansas installations, which shall
include:1-3.11.2.1 Camp Joseph T. Robinson
Maneuver Training Center;
1-3.11.2.2 Ebbing Air National Guard Base;
and
1-3.11.2.3 Fort Chaffee Joint
Maneuver Training Center.
1-3.12 "Public school" means a
state-supported school or open-enrollment 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 transitions;
1-3.15
"Student" means the dependent child of a uniformed services member for whom a
public school or public school district receives public funding and who is
enrolled in a public school;1-3.15.1 A
dependent of a member of the uniformed services as defined in Ark. Code Ann.
§ 6-28-104 who is transferred to the state by official orders is
considered a resident in a school district:
1-3.15.1.1 Before the physical arrival of the
dependent of a member of the uniformed services in the school district;
and
1-3.15.1.2 When the member of
the uniformed services enrolls the dependent in the public school district as
established under Ark. Code Ann. § 6-28-108.
1-3.16 "Traditional member of the
National Guard or federal reserves" means an active member of the Selected
Reserve subject to mobilization and deployment for which he or she attends
monthly and annual training periods.
1-3.17 "Transition" means the:
1-3.17.1 Formal and physical process of
transitioning from public school to public school; or
1-3.17.2 Period of time in which a student
moves from a sending district to a receiving district.
1-3.18 "Uniformed services" means the United
States Army, United States Navy, United States Air Force, United States Marine
Corps, United States Space Force, United States Coast Guard, the National
Oceanic and Atmospheric Administration Commissioned Officer Corps, the United
States Commissioned Corps of the Public Health Service, and the state and
federal reserve components of each of these bodies; and
1-3.19 "Veteran" means an individual who
served in the...
