005.28.22 Ark. Code R. § 012 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: 005.28.22 Ark. Code R. § 012

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

Effective June 2022

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 6-202301 et seq., and 6Definitions6-48-101 et seq., and Act 322 of 2021.

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 "Alternative Learning Environment Hybrid Program" is a program that provides ALE services through a combination of on-site and distance learning.

3.03 "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. 3.03.1 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. 3.03.2 As applied to these Rules, students who may be counted for ADM are:3.03.2.1 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; 3.03.2.2 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. 3.03.2.3 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; 3.03.2.4 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; 3.03.2.5 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 3.03.2.6 Any other circumstance allowed by law.

3.04 "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.

3.05 "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).

3.06 "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.

3.07 "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.

3.08 "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.

3.09 "Eligible ALE Student" is a student who: 3.09.1 Meets the qualifications of Section 4.02; 3.09.2 Is enrolled in an eligible ALE program; and 3.09.3 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.

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

3.11 "NSLA" is the National School Lunch Act.

3.12 "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.

3.13 "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.

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

3.15 "Professional Development" is a coordinated set of planned learning activities that: 3.15.1 Improve the knowledge, skills, and effectiveness of teachers; 3.15.2 Address the knowledge and skills of administrators and paraprofessionals concerning effective instructional strategies, methods, and skills; 3.15.3 Lead to improved student academic achievement; and 3.15.4 Are evidence-based, standards-based, and continuous. 3.15.5 Training activities for school bus drivers may also be included.

3.16 "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 Secretary1759(a).

3.17 "Provision 2 District Base Year (Base Year)" is the last school year for which individual student free or reduced-price meal eligibility determinations were made.

3.18 "School District" or "District" means: 3.18.1 A geographic area that qualifies as a taxing unit for purposes of ad valorem property taxes under Ark. Code Ann. § 26Definitions26-1-101 et seq. and Arkansas Constitution, Article 14, § 3, and is either: 3.18.1.1 Governed by an elected board of directors; or 3.18.1.2 Under the administrative control of the State Board or the Commissioner of Elementary and Secondary Education (hereafter "Commissioner") in place of an elected board of directors; or 3.18.2 An open-enrollment public charter school, as defined in Ark. Code Ann. § 6Definitions6-23-103.

3.19 "School Year" is the year beginning July 1 of one calendar year and ending June 30 of the next calendar year.

3.20 "Students at Risk" are those students demonstrating an ongoing persistent lack of meeting grade-level expectations in literacy and mathematics.

3.21 "Technology" is any equipment for instructional purposes that is electronic in nature including, but not limited to, computer hardware, computer software, internet connectivity, and distance learning.

4.00 SPECIAL NEEDS - Alternative Learning Environment (ALE)

4.01 ALE General Requirements 4.01.1 Every school district shall provide one (1) or more eligible Alternative Learning Environments (ALE) for all students meeting the criteria of Section 4.02.1 of these Rules, by any of the following methods:4.01.1.1 A school district may establish and operate an ALE; 4.01.1.2 A consortium of one (1) or more school districts may establish and operate an ALE, with one school district designated as the lead district; 4.01.1.3 Participation in an ALE operated by an education service cooperative established under Ark. Code Ann. § 6Title6-13-1001 et seq.; or 4.01.1.4 A partnership with a state-supported institution of higher education and technical institute to provide concurrent courses and/or technical education options for academic learning to students in grades eight through twelve (8-12). 4.01.1.5 An ALE hybrid program may be established to serve students in grades nine through twelve (9-12). For funding purposes, FTEs are calculated based on the...