Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 28 - Division of Elementary and Secondary Education
Rule 005.28.20-013 - DESE Rules Governing the Succeed Scholarship Program
Universal Citation: AR Admin Rules 005.28.20-013
Current through Register Vol. 49, No. 9, September, 2024
Arkansas Division of Elementary and Secondary Education Rules Governing the Succeed Scholarship Program
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.
§§
6-11-105, and
6-41-901 et seq., and Acts 327,
637, and 894 of 2017, and Acts 548 and 1078 of 2019.
1.02 These Rules shall be known as the
Arkansas Division of Elementary and Secondary Education Rules Governing the
Succeed Scholarship Program.
2.00 Purpose
2.01 The purpose of these Rules is to
establish guidelines for the implementation of the Succeed Scholarship Program
in order to provide a scholarship to a private school of choice for students in
foster care and students with disabilities that have an individualized
education program or an individualized service plan in accordance with the
Individuals with Disabilities Education Act,
20 U.S.C. §
1400 et seq.
3.00 Definitions
3.01 "Division" means the Arkansas Division
of Elementary and Secondary Education.
3.02 "Foster care" means the care of a child
by a group home or group facility on a twenty-four-hour-a-day basis away from
the home of the child's parent or parents;
3.03 "Foster parent" means the responsible
official or officials of a group home or group facility that provides foster
care to a child;
3.04
"Individualized education program" or "IEP" means a written statement for a
child with a disability that is developed, reviewed, and revised by a public
school in accordance with the Individuals with Disabilities Education Act,
20 U.S.C. §
1400 et seq., and its implementing
regulations,
34 C.F.R.
§§
300.320 through
300.324.
3.05 "Individualized service plan" means a
written statement developed by the public school district that describes the
special education and related services the public school district will provide
to a parentally-placed child with a disability enrolled in a private school or
home school who has been designated to receive services, consistent with
34 C.F.R. §§
300.137 through
300.139.
3.06 "Parent" means a student's parent or
foster parent;
3.07 "Scholarship
Payment" means a disbursement to the parent or legal guardian of a student
participating in the Succeed Scholarship Program contingent upon appropriation
and funding for the purpose of implementing the Succeed Scholarship
Program.
3.08 "School District"
means a geographic area with an elected board of directors that qualifies as a
taxing unit for purposes of ad valorem property taxes under
Title 26 of the Arkansas Code, and whose board conducts the daily affairs of
public schools pursuant to the supervisory authority vested in it by the
General Assembly and Title 6 of the Arkansas Code. For the purposes of these
Rules, all references to "school district" include open enrollment public
charter schools, except as waived by the State Board of Education pursuant to
Ark. Code Ann. §
6-23-301 et seq.
3.09 "School Year" means the year beginning
July 1 of one calendar year and ending June 30 of the next calendar
year.
3.10 "Severely Disabled" is an
individual that has an individualized education program in accordance with the
Individuals with Disabilities Education Act,
20 U.S.C. §
1400 et seq.
4.00 Student Eligibility
4.01 A parent or legal guardian of a public
school student may apply for a Succeed Scholarship to enroll his or her child
in a private school if:
4.01.1 The student is
currently enrolled in a public school district and has attended public school
for at least the one (1) full school year immediately prior to the school year
for which the scholarship payments would be disbursed;
4.01.1.1 Section 4.01.1 does not apply if:
4.01.1.1.1 The student is a dependent of an
active duty member of any branch of the United States Armed Forces;
or
4.01.1.1.2 The Superintendent of
the student's resident school district waives the
requirement;
4.01.2 The student:
4.01.2.1 Is in foster care or has been in the
foster care system and achieved permanency through adoption, reunification, or
permanent guardianship;
4.01.2.2
Has an individualized education program in accordance with the Individuals with
Disabilities Education Act,
20 U.S.C. §
1400 et seq., or has been medically diagnosed
by a licensed physician as a child with a disability under
20
U.S.C. §
1401(3)(A);
4.01.2.2.1 A student who has had the
enrollment requirement waived by the superintendent under the provisions of
4.01.1.1.2, must have had an IEP active on the last date he or she was enrolled
in a public school, or in the case of a preschool student who has never been
enrolled in a public school, have had an IEP or Individual Program Plan (IPP),
as defined by the Department of Human Services, Division of Developmental
Disabilities Services, standards, active on the last date he or she was
enrolled in the preschool program.
4.01.2.3 Participated in the Succeed
Scholarship Program during the prior school year and has not yet graduated from
high school or attained twenty-one (21) years of age; or
4.01.2.4 Has an individualized service plan
in accordance with the Individuals with Disabilities Education Act,
20 U.S.C. §
1412(a)(10) and 34 C.F.R.
§§ 300.137 through 300.139.
4.01.3 The student has been accepted for
admission into a private school that is eligible to participate in the Succeed
Scholarship Program;
4.01.4 The
parent has notified the student's current school district of the request for a
scholarship at least sixty (60) days before the date of the first scholarship
payment; and
4.01.5 For students in
foster care, the Department of Human Services approves the student's placement
in the private school.
4.02 The parent or legal guardian shall:
4.02.1 Apply for the scholarship at least
sixty-five (65) days before the date of the first scheduled scholarship payment
for the private school to which the student has been accepted for admission;
and
4.02.2 Notify the
superintendent of the student's current and resident school district(s) within
five (5) business days of submitting the application.
4.03 If a student is accepted for admission
into a private school upon the availability of space, a parent or legal
guardian shall notify the student's current and resident school district(s) at
least sixty (60) days before the student enrolls in the private school and
receives the first scholarship payment.
4.04 The Division shall not approve more than
twenty (20) scholarships per academic year for students in foster
care.
4.05 For purposes of
continuity of educational choice, the Succeed Scholarship Program payments made
pursuant to Ark. Code Ann. §
6-41-901 et seq. and these rules,
shall remain in effect until a student who is participating in the Succeed
Scholarship Program enrolls in a public school district or open-enrollment
public charter school, files a Notice of Intent to home school, graduates from
high school, or attains twenty-one (21) years of age, whichever occurs
first.
5.00 Private School Eligibility
5.01 A private
school shall notify the Division of its intent to participate in the Succeed
Scholarship Program.
5.01.1 The notice shall
specify the grade levels and services that the private school has available for
severely disabled students who are participating in the program.
5.01.2 The notice shall contain a complete
description of the private school's disciplinary procedures, code(s) of
conduct, and parental involvement requirements.
5.01.2.1 The Division shall maintain a record
of the descriptions under Section 5.01.2 and make the record available on the
Division's website.
5.02 The Division shall approve a private
school as eligible to participate in the program if the private school:
5.02.1 Complies with one of the following:
5.02.1.1 Meets the accreditation requirements
set by:
5.02.1.1.1 The State Board of
Education;
5.02.1.1.2 The Arkansas
Nonpublic School Accrediting Association or its successor; or
5.02.1.1.3 Another accrediting association
recognized by the State Board of Education as providing services to severely
disabled individuals; or
5.02.1.2 Is an associate member of or has
applied for accreditation by the Arkansas Nonpublic School Accrediting
Association or its successor or another accrediting association recognized by
the State Board of Education as providing services to severely disabled
individuals.
5.02.1.2.1 A private school
shall no longer be eligible if:
5.02.1.2.1.1
The private school has not received accreditation within four (4) years of
becoming eligible under Section 5.02.1.2;
5.02.1.2.1.2 The accrediting association
determines that the private school is ineligible or unable to continue the
accreditation process; or
5.02.1.2.1.3 It becomes impossible for the
private school to obtain accreditation within four (4) years of becoming
eligible under Section 5.02.1.2.
5.02.1.2.2 A participating private school
shall notify the Division of loss of accreditation or any action making the
school ineligible pursuant to 5.02.1.2.1 within thirty (30) days.
5.02.1.2.3 A private school that is not fully
accredited shall report annually to the State Board of Education, or its
designee, the school's progress towards accreditation.
5.02.2 Demonstrates fiscal
soundness by having been in operation for one (1) school year or providing the
Division with a statement by a certified public accountant confirming that:
5.02.2.1 The private school is insured;
and
5.02.2.2 The private school has
sufficient capital or credit to operate in the upcoming school year.
5.02.2.3 In lieu of a statement, a surety
bond or letter of credit for the amount equal to the scholarship funds for any
quarter may be filed with the Division.
5.02.3 Complies with the antidiscrimination
provisions of
42
U.S.C. §
2000d;
5.02.4 Meets state and local health and
safety requirements and maintains an environment in which the health, safety,
and welfare of students is not threatened;
5.02.5 Is academically accountable to the
parent or legal guardian for meeting the educational needs of
students;
5.02.6 Employs or
contracts with only teachers who hold baccalaureate or higher
degrees;
5.02.7 Employs or
contracts with at least one (1) teacher who holds a current, valid standard
license in special education issued by the State Board of Education as
evidenced by a copy of the license and contract, if applicable;
5.02.7.1 If, at any point following approval
under Section 5.02, an eligible private school no longer employs or contracts
with at least one (1) teacher who holds a current, valid standard license in
special education, the private school shall notify the parent(s) or legal
guardian(s) of any student(s) participating in the program enrolled in or
regularly attending the private school and the Division within five (5)
days.
5.02.7.2 If the eligible
private school is unable to employ or contract with a new teacher who holds a
current, valid standard license in special education within thirty (30) days
following the notice required by Section 5.02.7.1, the private school shall no
longer be eligible for participation in the program and shall immediately
notify the Division.
5.02.8 Complies with all state laws and rules
governing private schools; and
5.02.9 Adheres to the tenets of its published
disciplinary procedures before an expulsion of a student participating in the
program.
5.03 The
Division shall maintain a list of private schools eligible to participate in
the program and make the list available on the Division's website.
5.04 An eligible private school shall
administer annually or make provisions for a student participating in the
program to take a nationally recognized, norm-referenced test as established by
the State Board of Education.
5.04.1 A student
with an individualized education program or individualized service plan that
provides for an exemption to standardized testing is not required to take the
test required under Section 5.04.
5.04.2 An eligible private school shall
annually prepare a portfolio that provides information on a student's progress
to the student's parent or legal guardian if a student is exempt from
standardized testing as permitted under Section 5.04.1.
5.04.3 An eligible private school shall
provide annually to the State Board of Education, or its designee, in a
deidentified format prescribed by the Bureau of Legislative Research in
consultation with the Division:
5.04.3.1 A
list of students who have taken a nationally recognized norm-referenced
test;
5.04.3.2 Each student's test
results;
5.04.3.3 A list of
students with an individualized education program or individualized service
plan that provides for an exemption to standardized testing;
5.04.3.4 A list of students with portfolios
pursuant to 5.04.2;
5.04.3.5 A
general summary of the information provided in each portfolio;
5.04.3.6 A list of all students who received
a Succeed Scholarship and have been dismissed by the private school;
5.04.3.7 A list of all students who received
a Succeed Scholarship and voluntarily returned to a traditional public
school;
5.04.3.8 A list of students
in foster care who received a Succeed Scholarship;
5.04.3.9 A list of students in foster care
who received a Succeed Scholarship and have been dismissed by the private
school;
5.04.3.10 A list of
students in foster care who received a Succeed Scholarship and have been
removed by the Department of Human Services;
5.04.3.11 A report of administrative costs
required to implement the Succeed Scholarship Program; and
5.04.3.12 A report regarding the demographic
data of students who received a Succeed Scholarship.
5.05 An eligible private school
shall notify the Division if any student participating in the program ceases to
be enrolled in or regularly attend the private school for any reason.
5.06 An eligible private school shall
annually complete the recertification process established by the Division to
continue participation in the program.
5.07 The inability of a private school to
meet the requirements under these Rules shall constitute a basis for the
ineligibility of the private school to participate in the Succeed Scholarship
Program as determined by the State Board of Education or the State Board of
Education's designee.
5.08 Any
instance of an owner, operator, superintendent, or principal of, or a person
who has equivalent decision-making authority over, a private school
participating in the Succeed Scholarship Program operating or having operated
an educational institution in Arkansas or in another state or jurisdiction in a
manner contrary to the health, safety, or welfare of the public shall
constitute a basis for the ineligibility of the private school to participate
in the program as determined by the State Board of Education or the State Board
of Education's designee.
6.00 Responsibilities of Participating Students
6.01 The parent or legal
guardian of a student participating in the Succeed Scholarship Program shall:
6.01.1 Select the private school from the
list of private schools eligible to participate in the program that is
maintained by the Division;
6.01.2
Fully comply with the parental involvement requirements of the private school
unless excused by the school for illness or other good cause;
6.01.3 Sign a waiver that releases the State
of Arkansas from any legal obligation to provide services or education to the
student participating in the program except for funding provided for the
program under these Rules;
6.01.4
Sign a waiver that releases the student's resident school district from any
legal obligation to provide services or education to the student participating
in the program while the student is not enrolled in the student's resident
school district as provided under these Rules;
6.01.5 Notify the Division if the student
ceases to be enrolled in or regularly attend the private school for any reason;
and
6.01.6 Annually complete the
recertification process established by the Division to continue participation
in the program and the disbursement of scholarship payments.
6.02 A student participating in
the program shall:
6.02.1 Attend the private
school throughout the school year unless excused by the school for illness or
other good cause; and
6.02.1.1 If the parent
or legal guardian of a student participating in the program wishes to enroll
the student in another private school from the list of private schools eligible
to participate in the program, the parent or legal guardian shall:
6.02.1.1.1 Provide proof to the Division that
the student has been accepted for admission into another private school that is
eligible to participate in the program; and
6.02.1.1.2 Request that the Division approve
a reinstatement or transfer of the student's scholarship payments.
6.02.1.1.3 No more than one (1) such request
may be made within the same school year.
6.02.2 Fully comply with the code of conduct
for the private school.
6.03 The State Board of Education may
terminate a scholarship if the student or the student's parent or legal
guardian materially fails to comply with the responsibilities under these
Rules.
7.00 Scholarship Payments - Funding
7.01 The maximum scholarship available under
the Succeed Scholarship Program is the foundation funding amount for the
current school year under Ark. Code Ann. §
6-20-2305.
7.02 The amount of the scholarship shall be
the amount set forth in Section 7.01 or the amount of tuition and fees for the
period of time the student is enrolled in the private school after the student
is determined eligible for the program, whichever is less.
7.03 Scholarship payments shall be disbursed
to the parent or legal guardian of a student participating in the Succeed
Scholarship Program on a monthly basis by the Division or another state agency,
person, firm, or corporation designated by the Division to administer and
disburse funds.
7.03.1 If the Division
designates a third party to administer funds, scholarship payments shall be
made from the third party by individual warrant made payable to the student's
parent or legal guardian. The parent or legal guardian shall restrictively
endorse the warrant to the eligible private school of the parent's or legal
guardian's choice and the private school shall verify receipt of payment to the
Division.
7.03.2 A third party
designated to administer funds must maintain an effective internal control
system as outlined by the Division.
7.04 The program shall be funded separately
from the Public School Fund and other funds or appropriations designated for
public schools.
7.05 The program
shall not be funded with county, city, or school district tax
revenues.
8.00 Rules and Duties
8.01 The State
Board of Education shall adopt rules and develop notices and other
documentation necessary to administer the Succeed Scholarship Program that are
in the best interest of students.
8.02 The State Board of Education shall not:
8.02.1 Become a party to a contract between a
participating private school and the parent or legal guardian of a student
participating in the program; or
8.02.2 Make payments to the parent or legal
guardian of a student after the State Board of Education is notified from
either a participating school or a student's parent or legal guardian that the
student is no longer enrolled in or attending a participating private
school.
8.02.3 Make payments to the
parent or legal guardian of a student enrolled in or attending a private school
that the State Board of Education has determined is ineligible to participate
in the program.
9.00 Autonomy of Participating Private Schools
9.01 A private school that
participates in the Succeed Scholarship Program is not considered an agent or
instrumentality of the State of Arkansas or a school district.
9.02 The curriculum and education plan for a
student with a disability attending a private school is not subject to the
regulatory authority of the State Board of Education.
9.03 As a condition of continued
participation in the program, each participating private school shall:
9.03.1 Certify under oath, on an annual
basis, that any student(s) participating in the program is/are and has/have
been enrolled and attending the participating private school except for excused
absences; and
9.03.2 Certify under
oath, on an annual basis, that it continues to meet the eligibility criteria
required in Section 5.02 for continued participation in the program.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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