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9-28-113. Continuity of educational services to foster children.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-113. Continuity of educational services to foster children.
(a)(1)(A) It is the intent of the General Assembly that each child in foster care is:
(i) Entitled to the same opportunities to meet the academic achievement standards to which all children are held;
(ii) Assisted so that the child can remain in his or her school of origin;
(iii) Placed in the least restrictive educational placement; and
(iv) Given the same access to academic resources, services, and extracurricular enrichment activities as all other children.
(B) Decisions regarding the education of a child in foster care shall be based on what is in the best interest of the child.
(2)(A) Individuals directly involved in the care, custody, and education of a foster child shall work together to ensure continuity of educational services to the foster child, including without limitation:
(i) Educators;
(ii) The Department of Human Services;
(iii) The Division of Elementary and Secondary Education;
(iv) The circuit court presiding over the foster care case;
(v) Providers of services to the foster child;
(vi) Attorneys;
(vii) Court-appointed special advocates; and
(viii) Parents, guardians, or any persons appointed by the court.
(B) The individuals in subdivision (a)(2)(A) of this section shall ensure the continuity of educational services so that a foster child:
(i) Can remain in his or her school of origin whenever possible;
(ii) Is moved to a new school in a timely manner when it is necessary, appropriate, and in the best interest of the child under this section;
(iii) Can participate in the appropriate educational programs; and
(iv) Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.
(b)(1) A
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-113
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Stable record: arkansas_code:legal_authorities:9-28-113
Source file: gov.ar.code.title.09.odt
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Passage SHA-256: 9fb743d2d608fc59c0603349ad0442ec1a1426836683f99563c2bf91ea4a84fd
Source location: content.xml paragraph 19533
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9-28-113. Continuity of educational services to foster children.
(a)(1)(A) It is the intent of the General Assembly that each child in foster care is:
(i) Entitled to the same opportunities to meet the academic achievement standards to which all children are held;
(ii) Assisted so that the child can remain in his or her school of origin;
(iii) Placed in the least restrictive educational placement; and
(iv) Given the same access to academic resources, services, and extracurricular enrichment activities as all other children.
(B) Decisions regarding the education of a child in foster care shall be based on what is in the best interest of the child.
(2)(A) Individuals directly involved in the care, custody, and education of a foster child shall work together to ensure continuity of educational services to the foster child, including without limitation:
(i) Educators;
(ii) The Department of Human Services;
(iii) The Division of Elementary and Secondary Education;
(iv) The circuit court presiding over the foster care case;
(v) Providers of services to the foster child;
(vi) Attorneys;
(vii) Court-appointed special advocates; and
(viii) Parents, guardians, or any persons appointed by the court.
(B) The individuals in subdivision (a)(2)(A) of this section shall ensure the continuity of educational services so that a foster child:
(i) Can remain in his or her school of origin whenever possible;
(ii) Is moved to a new school in a timely manner when it is necessary, appropriate, and in the best interest of the child under this section;
(iii) Can participate in the appropriate educational programs; and
(iv) Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.
(b)(1) A foster child shall have continuity in his or her educational placements.
(2) The Department of Human Services shall consider continuity of educational services and school stability in making foster placement decisions.
(3) The school district shall allow the foster child to remain in the child's school of origin and continue the child's education unless the court finds that the placement:
(A) Is not in the best interest of the child; and
(B) Conflicts with any other provision of current law, excluding the residency requirement under § 6-18-202.
(4)(A) The school district will work with the Department of Human Services to develop a transportation plan to ensure continuity of educational services, to the extent reasonable and practical.
(B) The school district is encouraged to arrange for transportation for the child to enable him or her to remain in his or her school of origin.
(C) The school district shall provide transportation for the child if reasonable and practical and if an additional expense will not be imposed on the district.
(5) Except for emergencies, before making a recommendation to move a child from his or her school of origin, the Department of Human Services shall state the basis for the recommended school change and how it serves the best interest of the child in a written statement to the following:
(A) The foster child;
(B) The child's attorney ad litem;
(C) The court-appointed special advocate, if appointed; and
(D) Parents, guardians, or any person appointed by the court.
(6)(A) If the court transfers custody of a child to the Department of Human Services, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may:
(i) Have access to the child's school records;
(ii) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and
(iii) Participate in school conferences or similar activities at the child's school.
(B) If the court transfers custody of a child to the Department of Human Services, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as in effect on February 1, 2007.
(c)(1) Each school district shall identify a foster care liaison.
(2) Each school district shall forward the name of each foster care liaison and the contact information to the Special Education Unit of the Division of Elementary and Secondary Education at the beginning of each school year.
(3) The foster care liaison shall:
(A) Ensure and facilitate the timely school enrollment of each foster child;
(B) Assist a foster child who transfers between schools by ensuring the transfer of credits, records, grades, and any other relevant school records; and
(C)(i) Expedite the transfer of records.
(ii) When a foster child changes school placement, the foster care liaison in the new school district shall request the child's educational record, as defined by rule of the Division of Elementary and Secondary Education, from the foster care liaison in the child's previous school district within three (3) school days.
(iii) The foster care liaison from the previous school district shall provide all relevant school records to the foster care liaison at the new school district within ten (10) school days of receipt of the request under subdivision (c)(3)(C)(ii) of this section.
(d)(1) If a foster child is subject to a school enrollment change, the foster child's caseworker shall contact the school district foster care liaison within two (2) business days, and the new school must immediately enroll the foster child even if the foster child is unable to provide the required clothing or required records, including without limitation:
(A) Academic records;
(B) Medical records; or
(C) Proof of residency.
(2) The Department of Human Services shall provide all known information to the school district that impacts the health and safety of the child being enrolled or other children in the school.
(e)(1) A school district shall recognize the rights of a foster parent to make educational decisions for a foster child under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., if the foster parent is qualified.
(2) A foster parent may have educational rights with respect to consenting to the individualized educational program and related services if the court has specifically limited the educational rights of the parent and the child is in foster care.
(f) The grades of a child in foster care shall not be lowered due to absence from school due to:
(1) A change in the child's school enrollment;
(2) The child's attendance at a dependency-neglect court proceeding; or
(3) The child's attendance at court-ordered counseling or treatment.
(g) Each school district shall accept credit course work when the child demonstrates that the child has satisfactorily completed the appropriate educational placement assessment.
(h) If a child completes the graduation requirements of the child's school district while being detained in a juvenile detention facility or while being committed to the Division of Youth Services, the school district that the child last attended before the child's detention or commitment shall issue the child a diploma.
(i) This section shall not be interpreted to be in conflict with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and regulations promulgated.
(j)(1) Notwithstanding any of the provisions of this section, if it is in the best interest of the child, a foster child may be placed in a nonpublic school, including a private, parochial, or home school.
(2)(A) Except as provided in subdivision (j)(2)(B) of this section, state or federal funding shall not be used for the placement of a foster child in a nonpublic school, including a private, parochial, or home school.
(B) The prohibition under subdivision (j)(2)(A) of this section shall not apply to a foster child who receives a Succeed Scholarship under § 6-41-901 et seq.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-18-202. Age and residence for attending public schools — Definitions.
(a) As used in this section:
(1) “Reside” means to be physically present and to maintain a permanent place of abode for an average of no less than four (4) calendar days and nights per week for a primary purpose other than school attendance;
(2) “Resident” means a student whose parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside in the school district;
(3) “Residential address” means the physical location where the student's parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside; and
(4) “In loco parentis” means relating to the responsibility to undertake the care and control of another person in the absence of:
(A) Supervision by the person's parent or legal guardian; and
(B) Formal legal approval.
(b)(1) The public schools of any school district in this state shall be open and free through completion of the secondary program to all persons in this state between five (5) and twenty-one (21) years of age whose parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides within the school district and to all persons between those ages who have been legally transferred to the district for education purposes.
(2) For purposes of this section, a student may use the residential address of a legal guardian, person having legal, lawful control of the student under order of a court, or person standing in loco parentis only if the student resides at the same residential address and if the guardianship or other legal authority is not granted solely for educati
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-18-202
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 6-18-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-41-901. Definitions — Establishment — Intent.
(a) As used in this section:
(1) “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;
(2) “Foster parent” means the responsible official or officials of a group home or group facility that provides foster care to a child; and
(3) “Parent” means a student's parent or foster parent.
(b) The Succeed Scholarship Program is established and intended to provide a scholarship to a private school of choice for:
(1) Students in foster care; or
(2) Students with disabilities who have either an:
(A) Individualized education program in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; or
(B) Individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-41-901
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 6-41-901. This identifies an authority to review, not proof of applicability.