Browse Arkansas Code titles and sections
6-41-903. Private school eligibility.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-41-903. Private school eligibility.
(a)(1) A private school shall notify the Division of Elementary and Secondary Education of its intent to participate in the Succeed Scholarship Program.
(2) If the private school intends to enroll students with disabilities who have an individualized education program in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., or an individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10), the notice shall specify the grade levels and services that the private school has available for students with severe disabilities who are participating in the Succeed Scholarship Program.
(b) The division shall approve a private school as eligible to participate in the Succeed Scholarship Program if the private school:
(1) Either:
(A) Meets the accreditation requirements set by the State Board of Education, the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board as providing services to individuals with severe disabilities; or
(B)(i) Is an associate member of or has applied for accreditation by the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board as providing services to individuals with severe disabilities.
(ii) A private school shall no longer be eligible if:
(a) The private school has not received accreditation within four (4) years of becoming eligible under subdivision (b)(1)(B)(i) of this section;
(b) The accrediting association determines that the private school is ineligible or unable to continue the accreditation process; or
(c) It becomes impossi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-41-903
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Stable record: arkansas_code:legal_authorities:6-41-903
Source file: gov.ar.code.title.06.odt
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6-41-903. Private school eligibility.
(a)(1) A private school shall notify the Division of Elementary and Secondary Education of its intent to participate in the Succeed Scholarship Program.
(2) If the private school intends to enroll students with disabilities who have an individualized education program in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., or an individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10), the notice shall specify the grade levels and services that the private school has available for students with severe disabilities who are participating in the Succeed Scholarship Program.
(b) The division shall approve a private school as eligible to participate in the Succeed Scholarship Program if the private school:
(1) Either:
(A) Meets the accreditation requirements set by the State Board of Education, the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board as providing services to individuals with severe disabilities; or
(B)(i) Is an associate member of or has applied for accreditation by the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board as providing services to individuals with severe disabilities.
(ii) A private school shall no longer be eligible if:
(a) The private school has not received accreditation within four (4) years of becoming eligible under subdivision (b)(1)(B)(i) of this section;
(b) The accrediting association determines that the private school is ineligible or unable to continue the accreditation process; or
(c) It becomes impossible for the private school to obtain accreditation within four (4) years.
(iii) A private school that becomes ineligible under subdivision (b)(1)(B)(ii) of this section shall regain eligibility when the private school receives accreditation.
(iv) A private school that is not fully accredited shall report annually to the state board its progress towards accreditation;
(2)(A) 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 the private school is insured and the private school has sufficient capital or credit to operate in the upcoming school year.
(B) 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;
(3) Complies with the antidiscrimination provisions of 42 U.S.C. § 2000d;
(4) Meets state and local health and safety requirements;
(5) Is academically accountable to the parent or legal guardian for meeting the educational needs of the student;
(6) Employs or contracts with teachers who hold baccalaureate or higher degrees;
(7) Complies with all state laws and rules governing private schools; and
(8) Adheres to the tenets of its published disciplinary procedures before an expulsion of a student receiving a scholarship.
(c) The division shall maintain a list of private schools eligible to participate in the Succeed Scholarship Program and make the list available on the division's website.
(d)(1)(A) An eligible private school shall administer annually or make provisions for a student participating in the Succeed Scholarship Program to take a nationally recognized norm-referenced test as established by the state board.
(B) A list, in a deidentified format, of students who have taken a nationally recognized norm-referenced test under subdivision (d)(1)(A) of this section and the students' test results shall be forwarded annually to the state board or its designee.
(2)(A) A student with an individual education plan or an individualized service plan that provides for an exemption to standardized testing is not required to take the test required under subdivision (d)(1)(A) of this section.
(B) A list, in a deidentified format, of students with an individual education plan that provides for an exemption to standardized testing under subdivision (d)(2)(A) of this section shall be provided annually to the state board or its designee.
(3)(A) An eligible private school shall annually prepare a portfolio that provides information on a student's progress to the student's parent or guardian if a student is exempt from standardized testing as permitted under subdivision (d)(2)(A) of this section.
(B) A list, in a deidentified format, of students with portfolios under subdivision (d)(3)(A) of this section and a general summary of the information provided in the portfolios shall be provided annually to the state board or its designee.
(4)(A) An eligible private school under this section shall submit annually to the division or its designee, in a deidentified format required by the Bureau of Legislative Research in consultation with the division, a:
(i) Report that lists all students who have received a Succeed Scholarship under this subchapter who have been dismissed from the Succeed Scholarship Program by the private school;
(ii) Report that lists all students who have received a Succeed Scholarship under this subchapter who have voluntarily returned to a traditional public school;
(iii) List of foster children who have:
(a) Entered the Succeed Scholarship Program;
(b) Been dismissed from the Succeed Scholarship Program; or
(c) Been removed from the Succeed Scholarship Program by the Department of Human Services;
(iv) Report of administrative costs required to implement the Succeed Scholarship Program; and
(v) Report regarding the demographic data of students who have applied for the Succeed Scholarship under this subchapter and students who were awarded the Succeed Scholarship under this subchapter, including without limitation the geographic location in the state of the students who are participating in the Succeed Scholarship Program.
(B) The division shall make information received from eligible private schools under subdivision (d)(4)(A) of this section available to the House Committee on Education and the Senate Committee on Education in a deidentified format specified by the bureau in consultation with the division.
(5) All information under this subsection shall be included in the Succeed Scholarship Program biennial study under § 6-41-908.
(e)(1) The division shall prepare and submit annually or obtain from its designated administrator for the Succeed Scholarship Program under this subchapter a report, in a deidentified format required by the bureau in consultation with the division, that indicates the:
(A) List of students who have received a Succeed Scholarship under this subchapter;
(B) Eligible private school attended by each student who has received a Succeed Scholarship under this subchapter; and
(C) Amount of each Succeed Scholarship received by a student under this subchapter.
(2) In addition to the report required under subdivision (e)(1) of this section, the division shall make information received from its designated administrator regarding the Succeed Scholarship Program under this subchapter available to the House Committee on Education and the Senate Committee on Education through the bureau.
Cross-references
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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
**(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.
Federal law — U.S. Code and appendices · legal_authorities
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000d
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2000d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 5254
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2000c–7
§ 2000c–7. Liability of United States for costs
In any action or proceeding under this sub-
chapter the United States shall be liable for
costs the same as a private person.
(Pub. L. 88–352, title IV, § 408, July 2, 1964, 78
Stat. 249.)
§ 2000c–8. Personal suits for relief against dis-
crimination in public education
Nothing in this subchapter shall affect ad-
versely the right of any person to sue for or ob-
tain relief in any court against discrimination
in public education.
(Pub. L. 88–352, title IV, § 409, July 2, 1964, 78
Stat. 249.)
§ 2000c–9. Classification and assignment
Nothing in this subchapter shall prohibit clas-
sification and assignment for reasons other than
race, color, religion, sex or national origin.
(Pub. L. 88–352, title IV, § 410, July 2, 1964, 78
Stat. 249; Pub. L. 92–318, title IX, § 906(a), June
23, 1972, 86 Stat. 375.)
Editorial Notes
AMENDMENTS
1972—Pub. L. 92–318 inserted ‘‘sex’’ after ‘‘religion,’’.
SUBCHAPTER V—FEDERALLY ASSISTED
PROGRAMS
§ 2000d. Prohibition against exclusion from par-
ticipation in, denial of benefits of, and dis-
crimination under federally assisted pro-
grams on ground of race, color, or national
origin
No person in the United States shall, on the
ground of race, color, or national origin, be ex-
cluded from participation in, be denied the bene-
fits of, or be subjected to discrimination under
any program or activity receiving Federal finan-
cial assistance.
(Pub. L. 88–352, title VI, § 601, July 2, 1964, 78
Stat. 252.)
Executive Documents
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT
OF PROVISIONS
For provisions relating to the coordination of imple-
mentation and enforcement of the provisions of this
subchapter by the Attorney Ge
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000d
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2000d. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-41-908. Succeed scholarship biennial study.
(a) The House Committee on Education and the Senate Committee on Education shall conduct biennially a study of the Succeed Scholarship Program under this subchapter to determine the following information without limitation:
(1) The number of students currently participating in the Succeed Scholarship Program;
(2) The number of students currently participating in the Succeed Scholarship Program who attended a traditional public school before receiving a Succeed Scholarship;
(3) The number of students currently participating in the Succeed Scholarship Program who did not attend a traditional public school before enrolling in a private school upon receipt of a Succeed Scholarship;
(4) The number of students who have been dismissed from the Succeed Scholarship Program by a private school that is receiving funds through the Succeed Scholarship Program;
(5) The number of students who attended a private school with a Succeed Scholarship and voluntarily returned to a traditional public school;
(6) The number of children in foster care who have entered the Succeed Scholarship Program, have been dismissed from the Succeed Scholarship Program, or have been removed from the Succeed Scholarship Program by the Department of Human Services;
(7) The number of private schools receiving Succeed Scholarship funds that are currently accredited by the Arkansas Nonpublic School Accrediting Association, Inc., its successor, or another accrediting association recognized by the State Board of Education;
(8) The number of private schools receiving Succeed Scholarship funds that are currently unaccredited but have applied for accreditation to the Arkansas Nonpublic Accrediting Association, Inc., its successor, or another accrediting
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-41-908
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-41-908. This identifies an authority to review, not proof of applicability.