Browse Arkansas Code titles and sections
6-41-902. Student eligibility.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-41-902. Student eligibility.
(a) 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:
(1)(A) The student is currently enrolled in a public school and has attended public school for at least one (1) full academic year.
(B) Subdivision (a)(1)(A) of this section does not apply if:
(i) The student is a dependent of an active duty member of any branch of the United States Armed Forces; or
(ii) The superintendent of the student's resident school district waives the requirement;
(2) The student:
(A) Is in foster care or has been in the foster care system and achieved permanency through adoption, reunification, or permanent guardianship;
(B) 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);
(C) 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
(D) Has an individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10);
(3) The student has been accepted for admission into a private school that is eligible to participate in the Succeed Scholarship Program;
(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
(5)(A) For students in foster care, the Department of Human Services approves the student's placement in the private school.
(B) The department shall approve the student's pl
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-41-902
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6-41-902. Student eligibility.
(a) 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:
(1)(A) The student is currently enrolled in a public school and has attended public school for at least one (1) full academic year.
(B) Subdivision (a)(1)(A) of this section does not apply if:
(i) The student is a dependent of an active duty member of any branch of the United States Armed Forces; or
(ii) The superintendent of the student's resident school district waives the requirement;
(2) The student:
(A) Is in foster care or has been in the foster care system and achieved permanency through adoption, reunification, or permanent guardianship;
(B) 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);
(C) 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
(D) Has an individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10);
(3) The student has been accepted for admission into a private school that is eligible to participate in the Succeed Scholarship Program;
(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
(5)(A) For students in foster care, the Department of Human Services approves the student's placement in the private school.
(B) The department shall approve the student's placement in the private school if a determination is made that placement in the private school is in the best interest of the student.
(b) If a student is accepted to a private school upon the availability of space, a parent or legal guardian shall notify the student's school district at least sixty (60) days before the student enrolls in the private school and receives the first scholarship payment.
(c) The Division of Elementary and Secondary Education shall approve a maximum of twenty (20) scholarships under this subchapter per academic year for students in foster care.
(d) For purposes of continuity of educational choice, the Succeed Scholarship Program payments made under this subchapter shall remain in effect until a student who is participating in the Succeed Scholarship Program returns to a public school district or open-enrollment public charter school, graduates from high school, or attains twenty-one (21) years of age, whichever occurs first.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 927
TITLE 20—EDUCATION
§ 1400
Section 1393e, Pub. L. 88–210, title I, § 196, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609, set forth application requirements for grants
and contracts for bilingual vocational training pro-
grams.
Section 1393f, Pub. L. 88–210, title I, § 197, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct.
12, 1976, 90 Stat. 2237, set forth criteria for approval by
Commissioner of applications for grants and contracts
for bilingual vocational training programs.
CHAPTER 33—EDUCATION OF INDIVIDUALS
WITH DISABILITIES
SUBCHAPTER I—GENERAL PROVISIONS
Sec.
1400.
Short title; findings; purposes.
1401.
Definitions.
1402.
Office of Special Education Programs.
1403.
Abrogation of State sovereign immunity.
1404.
Acquisition of equipment; construction or al-
teration of facilities.
1405.
Employment of individuals with disabilities.
1406.
Requirements for prescribing regulations.
1407.
State administration.
1408.
Paperwork reduction.
1409.
Freely associated States.
SUBCHAPTER II—ASSISTANCE FOR EDUCATION
OF ALL CHILDREN WITH DISABILITIES
1411.
Authorization; allotment; use of funds; au-
thorization of appropriations.
1412.
State eligibility.
1413.
Local educational agency eligibility.
1414.
Evaluations, eligibility determinations, indi-
vidualized education programs, and edu-
cational placements.
1415.
Procedural safeguards.
1416.
Monitoring, technical assistance, and en-
forcement.
1417.
Administration.
1418.
Program information.
1419.
Preschool grants.
SUBCHAPTER III—INFANTS AND TODDLERS WITH
DISABILITIES
1431.
Findings and policy.
1432.
Definitions.
1433.
General authority.
1434.
Eligib
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1400
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Assistive technology device**
(A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.
(B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device.
(2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes—
(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;
(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(E) training or technical assistance for such child, or, where appropriate, the family of such child; and
(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.
(3) **Child with a disability**
(A) *In general* — The term “child with a disabil
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1401
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 931
TITLE 20—EDUCATION
§ 1401
‘‘(2) compel States to change terminology in State
laws for individuals covered by a provision amended
by this Act.’’
TRANSITION
Pub. L. 108–446, title III, § 303, Dec. 3, 2004, 118 Stat.
2803, provided that:
‘‘(a) ORDERLY TRANSITION.—
‘‘(1) IN GENERAL.—The Secretary of Education (in
this section referred to as ‘the Secretary’) shall take
such steps as are necessary to provide for the orderly
transition from the Individuals with Disabilities Edu-
cation Act [this chapter], as such Act was in effect on
the day preceding the date of enactment of this Act
[Dec. 3, 2004], to the Individuals with Disabilities
Education Act [this chapter] and part E of the Edu-
cation Sciences Reform Act of 2002 [20 U.S.C. 9567 et
seq.], as amended by this Act.
‘‘(2) LIMITATION.—The Secretary’s authority in
paragraph (1) shall terminate 1 year after the date of
enactment of this Act.
‘‘(b)
MULTI-YEAR
AWARDS.—Notwithstanding
any
other provision of law, the Secretary may use funds ap-
propriated under part D of the Individuals with Disabil-
ities Education Act [subchapter IV of this chapter] to
make continuation awards for projects that were fund-
ed under section 618 [20 U.S.C. 1418], and part D, of the
Individuals with Disabilities Education Act (as such
section and part were in effect on September 30, 2004),
in accordance with the terms of the original awards.
‘‘(c) RESEARCH.—Notwithstanding section 302(b) [set
out as a note above] or any other provision of law, the
Secretary may award funds that are appropriated under
the Department of Education Appropriations Act, 2005
[Pub. L. 108–447, div. F, title III, 118 Stat. 3142, see Ta-
bles for classification] for special education research
under either of the headings ‘SPECIAL EDUCA
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions:
(1) **Free appropriate public education**
(A) *In general* — A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school.
(B) *Limitation* — The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children—
(i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and
(ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this subchapter be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility—
(I) were not actually identified as being a child with a disability under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim); or
(II) did not have an individualized education program under this subchapter.
(C) *State flexibility* — A State that provides early intervention services in accordance with subchapter III to a child who is eligible for services under [section 1419 of this title](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1412
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1412. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 946
TITLE 20—EDUCATION
§ 1412
amended Pub. L. 114–95, title IX, § 9215(ss)(2),
Dec. 10, 2015, 129 Stat. 2181; Pub. L. 118–42, div. G,
title II, § 209(b)(3), Mar. 9, 2024, 138 Stat. 442.)
Editorial Notes
REFERENCES IN TEXT
Public Law 95–134, referred to in subsec. (b)(1)(B), is
Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159. Provisions re-
lating to consolidation of grants are contained in sec-
tion 501 of Pub. L. 95–134 which is classified to section
1469a of Title 48, Territories and Insular Possessions.
The Social Security Act, referred to in subsec.
(e)(3)(H), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title
XIX of the Act is classified generally to subchapter XIX
(§ 1396 et seq.) of chapter 7 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see section 1305 of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 1411, Pub. L. 91–230, title VI, § 611, as
added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat.
49, related to authorization, allotment, use of funds,
and authorization of appropriations, prior to the gen-
eral amendment of subchapters I to IV of this chapter
by Pub. L. 108–446.
Another prior section 1411, Pub. L. 91–230, title VI,
§ 611, Apr. 13, 1970, 84 Stat. 178; Pub. L. 93–380, title VI,
§ 614(a), (e)(1), (2), Aug. 21, 1974, 88 Stat. 580, 582; Pub. L.
94–142, §§ 2(a)(1)–(3), 5(a), (c), Nov. 29, 1975, 89 Stat. 773,
776, 794; Pub. L. 95–561, title XIII, § 1341(a), Nov. 1, 1978,
92 Stat. 2364; Pub. L. 96–270, § 13, June 14, 1980, 94 Stat.
498; Pub. L. 98–199, §§ 3(b), 15, Dec. 2, 1983, 97 Stat. 1358,
1374; Pub. L. 99–159, title VI, § 601, Nov. 22, 1985, 99 Stat.
904; Pub. L. 99–362, § 2, July 9, 1986, 100 Stat. 769; Pub. L.
99–457, title II, § 201(b), title IV, §§ 403
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1412
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1412. This identifies an authority to review, not proof of applicability.