17.00 PROGRAM STANDARDS
1
ARKANSAS DEPARTMENT OF EDUCATION
SPECIAL EDUCATION AND RELATED SERVICES
17.00 PROGRAM STANDARDS
July 2008
17.01 ACADEMIC FACILITIES
17.01.1 General.
17.01.1.1 Barriers that limit child access to special education
services must be eliminated.
17.01.1.2 Toilet areas, building and classroom entrances, etc.,
must conform to specifications for the accessibility
of individuals with disabilities in conformance with
the Americans with Disabilities Act, Public Law
101-336.
17.01.1.3 Classrooms should be located within an age-
appropriate school building, which houses
classrooms for nondisabled peers of
children with disabilities.
17.01.2 Space requirements and other considerations.
17.01.2.1 Academic facilities used for the provision of
special education and related services, or their
components of FAPE, to a child with a disability
must meet the standards set forth in the Arkansas
Division of Public School Academic Facilities and
Transportation Custodial and Maintenance Manual.
17.01.2.2 Exception. Facilities used to provide special
education and related services constructed prior to
the promulgation of the manual referenced in
§17.01.2.1 must meet standards previously set forth
in the ADE Special Education rules promulgated in
2000.
17.02 LEAST RESTRICTIVE ENVIRONMENT
17.02.1 General.
17.02.1.1 Each public agency shall ensure that -
A. To the maximum extent appropriate,
17.00 PROGRAM STANDARDS
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children with disabilities, including children
in public or private institutions or other care
facilities, are educated with children who are
nondisabled; and
B. Special classes, separate schooling, or other
removal of children with disabilities from
the regular educational environment occurs
only if the nature or severity of the disability
is such that education in regular classes with
the use of supplementary aids and services
cannot be achieved satisfactorily.
17.02.1.2 Determination of least restrictive environment is
made on an individual basis, taking into account
both service(s) needed and the placement in which
the child’s IEP can be implemented appropriately.
17.02.2 Continuum of alternative placements.
17.02.2.1 Each public agency must ensure that a
continuum of alternative placements is available to
meet the needs of children with disabilities for
special education and related services.
17.02.2.2 The continuum required in § 17.02.2.1 must -
A. Include the alternative placements listed in
the definition of special education (which
includes instruction in regular classes,
special classes, special schools, home
instruction, and instruction in hospitals and
institutions); and
B. Make provision for supplementary services
(such as resource room or itinerant
instruction) to be provided in conjunction
with regular class placement.
17.02.2.3 The continuum of alternative placements displayed
on chart #1-17 found on page 4 delineates service
delivery systems.
17.02.2.4 Any child three (3) to 21 years of age who, because
of the severity or nature and/or extent of the
17.00 PROGRAM STANDARDS
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disability, requires homebound or hospital
instruction -
A. Must have the IEP implemented within the
facility of confinement for as long as the
disability adversely impacts the health,
safety and/or well-being of the child and
prevents school attendance; and
B. Must have the IEP and subsequent
placement reviewed every three (3) months.
17.00 PROGRAM STANDARDS
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Regular
Class
Regular Class
Regular
Class
Some/or no
Instruction
in Regular
Class
Some/or
no
Instruction
in Regular
Class
No
Instruction
in Regular
Class
Indirect
Service
Some Direct
Instruction
More than
80% of time in
the classroom
for general
education
40% to 79%
of the
Instructional
Day in
General
Education
Less than
40% of the
Instructional
Day in
General
Education
School-
based
Day
Treatment
Special
Day
School
Facility
Greater than
50% of time
at the facility
Residential
School
Hospital
Program
Homebound
Instruction
1 2 3 4 5 6 7 8 9
CHART #1-17 CONTINUUM OF ALTERNATIVE PLACEMENTS
17.00 PROGRAM STANDARDS
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17.03 MAXIMUM TEACHER/PUPIL CASELOAD
17.03.1 General.
17.03.1.1 When calculating the number of children being
served, each child is counted only one time.
17.03.1.2 The following chart illustrates the maximum
teacher/pupil caseloads for various service settings
and disabilities.
REGULAR
EDUCATION/
SPECIAL
EDUCATION
CO-TEACHING
CLASSROOM
REGULAR
EDUCATION/
SPECIAL
EDUCATION
INTEGRATED
CLASSROOM
*INDIRECT
SERVICES
ITINERANT
INSTRUCTION
RESOURCE
SERVICES
SPECIAL CLASS
SERVICES OPTIONS
Noncategorical
****
1:30
1:24
(2/3 Reg. to
1/3 Spec.)
1:40
1:35
1:25
1:15
1:1
0
***
1:6
Categorical
1:40
1:25
1:25
1:15
1:1
0
***
1:6
**
1. Speech/
Language
Impairment
1:45
1:45
2. Hearing
Impairment
1:20
1:15
3. Visual
Impairment
1:20
1:15
* See § 17.03.7 of this part for additional information regarding part-time
teacher/pupil caseload.
** When a Speech/Language Pathologist has an approved Speech/Language
Pathology Aide or Assistant the maximum caseload is left to the discretion of the
Speech/Language Pathologist.
*** For a classroom with a 1:6 teacher/pupil caseload, a full-time paraprofessional is
required.
**** See § 17.06.4.2 for part-time co-teacher.
CHART # 2-17 MAXIMUM TEACHER/PUPIL CASELOAD
17.00 PROGRAM STANDARDS
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17.03.2 Exceptions to the stated maximum teacher/pupil caseloads.
17.03.2.1 For each child receiving special class services
within a resource setting, not to exceed a total of
three (3) children, the maximum teacher/pupil
caseload will be reduced by one (1) child.
17.03.2.2 Up to a maximum of five (5) children may receive
resource services in a self-contained classroom with
a teacher/pupil caseload of 1:15. Each child
receiving resource services, up to the maximum of
five (5) resource children, count the same as a self-
contained child for figuring total teacher/pupil
caseload, not to exceed an over-all caseload of 15
children.
17.03.2.3 For each child with a hearing impairment receiving
services on a noncategorical basis in a resource
setting, the teacher/pupil caseload will be reduced
by two (2) children.
17.03.2.4 For each child receiving Braille instruction from an
itinerant instructor, the maximum teacher/pupil
caseload will be reduced by two (2) children.
17.03.3 Waiver of the maximum teacher/pupil caseload.
17.03.3.1 Should an emergency situation arise creating the
need to request a waiver from the maximum
teacher/pupil caseload, the public agency must
submit a letter to the Administrator for Monitoring
and Program Effectiveness stating the reason(s) for
exceeding the maximum teacher/pupil caseload and
outlining a plan to correct the problem. The
Administrator for Monitoring and Program
Effectiveness will respond in writing, either
approving or disapproving the variance.
17.03.3.2 A ten percent (10%) variance (upward caseload
adjustment) of the maximum teacher/pupil caseload
is the maximum variance approvable before federal
funding is affected. For example, the noncategorical
resource setting teacher/pupil caseload is 1:25 with
a ten percent (10%) allowable variance equal to 2.5.
When approved, this teacher/pupil caseload may
then increase to 1:28. For a special class setting
with a maximum teacher/pupil caseload of 1:15, a
ten percent (10%) variance equals 1.5. When
approved, the teacher/pupil caseload may increase
17.00 PROGRAM STANDARDS
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to 1:17.
17.03.3.3 Prior to approval of the ten percent (10%) variance,
a full-time paraprofessional must be employed for
that class by the requesting district. For a 1:6
special class setting, a full-time paraprofessional is
already required; therefore, an additional
paraprofessional must be employed before a
district’s waiver will be approved.
17.03.3.4 If a district fails to secure approval for a variance of
the teacher/pupil caseload, yet exceeds the
teacher/pupil caseload as stated on the Maximum
Teacher/Pupil Caseload Chart contained in this
document, the district’s special education program
will not be considered an approved program.
Consequently, federal funds cannot be generated by
the nonapproved program.
17.03.3.5 Under no circumstances will a waiver be granted for
an increase in maximum teacher/pupil caseloads for
speech-language pathologists (SLP) unless the
speech-language pathologist has an approved SLP-
assistant or SLP-aide.
17.03.3.6 Special education personnel serving children in
indirect services will not be granted any waivers of
the maximum teacher/pupil caseloads.
17.03.4 Teacher/Pupil Caseload: per period class size.
17.03.4.1 For itinerant instruction (excluding speech therapy)
and resource services, a maximum of five (5)
children per period is the guideline.
17.03.4.2 Where scheduling does not permit an even flow of
five (5) children per period, the number served
should be as near to five (5) as possible.
17.03.4.3 Districts will not be cited for noncompliance with
state standards when the per period class size is
eight (8) children without a paraprofessional.
However, the adopted guideline of five (5) children
per period is considered to be the best educational
practice and should be adhered to whenever
possible.
17.03.5 Exceptions to the adopted guideline of five (5) children.
17.00 PROGRAM STANDARDS
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17.03.5.1 When the special education teacher teaches one
class per day in the area of personal/social
adjustment as a prevocational or vocational class,
the per period load may be adjusted upward not to
exceed the maximum caseload.
17.05.5.2 When the teacher has a paraprofessional to assist in
follow-through activities, the per period class load
may be adjusted upward not to exceed forty percent
(40%) of the teacher/pupil caseload listed on the
Maximum Teacher/Pupil Caseload Chart contained
in this document. For example, the per period load
may be increased to ten (10) children for
noncategorical resource classes.
17.03.5.3 The number of children served per period may not
be increased beyond the allowable adjustments
noted in the two exceptions in §§17.03.5.1 and
17.03.5.2 regardless of the approved maximum
caseload, inclusive of waivers granted.
17.03.5.4 When special education class services are delivered
in a “departmentalized” manner (configured to
group children by specific deficit areas, including
but not limited to, course/subject content areas),
under no circumstances will the teacher’s total
number of child contacts per day be allowed to
exceed 48 different children. Guidelines for per
period class size apply to departmentalized service
delivery.
17.03.5.5 The per period class size must be reduced when the
square footage of the classroom is less than stated
facility requirements.
17.03.6 Noncategorical Classrooms.
17.03.6.1 At any time children with differing disabilities may
be provided services within the same setting. For
example, children with mild disabilities across
categories of disability served within the same
service setting, and children with moderate to severe
disabilities across disability categories may be
served within the same service setting. Such a
setting is designated as a noncategorical class.
Refer to the Maximum Teacher/Pupil Caseload
Chart to determine the caseload for such classes.
17.03.7 Indirect Instructional Services Caseload.
17.00 PROGRAM STANDARDS
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17.03.7.1 Full-time Consulting Teacher
The maximum teacher/pupil caseload for a full-time
consulting teacher is 1:40. For the full-time
consulting teacher, the following apply -
A. May serve only children with disabilities on
indirect services in accordance with an IEP.
B. May not serve any children with disabilities
receiving resource services.
C. May not receive a waiver or approval for a
variance on the maximum caseload (cap) of
40 children.
D. A paraprofessional is recommended, but is
not required.
17.03.7.2 Half-time Resource/Half-time Consulting Teacher
The maximum teacher/pupil caseload for this
teacher is 32 children. The caseload composition is
a maximum of 12 resource children and 20 indirect
children. The following apply -
A. May not seek a waiver for a 10% variance
from the maximum caseload.
B. A paraprofessional is recommended, but is
not required.
17.03.7.3 Part-time Resource/Consulting Teacher
A. In this situation, a resource teacher may
serve children on indirect by adjusting the
resource room caseload. The resource
teacher may “swap” resource children for
indirect children at the ratio of two indirect
for each resource child, up to a maximum of
14 indirect children. A “swap” of more than
this increases the caseload more than what is
allowable for a teacher who is half resource
and half consulting teacher. This
combination of resource/consulting teacher
is particularly helpful for school districts
where the population of children with
disabilities is small and staff are fewer in
17.00 PROGRAM STANDARDS
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number to serve these children; thus a mixed
service pattern is allowable.
B. The maximum teacher/pupil caseload for the
part-time resource/consulting teacher
described above is 32 children. The caseload
composition is a maximum of 18 resource
children and 14 indirect children. The
following apply -
1. May not seek a waiver for a 10%
variance from the maximum
caseload.
2. If more than 14 children need
indirect services and this teacher is
the only one available to provide the
services, then the teacher must
convert to the half-time
resource/half-time consulting teacher
status, and its maximum caseload
requirements must be followed (12
resource children and 20 indirect
children for a total caseload of 32).
17.03.7.4 Half-time Direct/Half-time Indirect
Speech/Language Pathologist
The maximum teacher/pupil caseload for this split
position is 45 children. The caseload composition
is a maximum of 25 children on direct services and
20 children on indirect services. The following
apply -
A. The maximum caseload of 25 children
receiving direct speech therapy services is a
maximum, not a minimum.
B. May not seek a waiver for a variance on the
maximum caseload of 45 children.
C. An SLP Assistant or Aide is recommended,
but is not required.
17.04 RELATED SERVICES
17.04.1 General.
17.04.1.1 Related services, by definition, do not stand alone in
17.00 PROGRAM STANDARDS
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the absence of special education instruction. (See
§2.00 of this document for the full federal definition
and 34 CFR 300.34 for examples of related
services.)
17.04.1.2 The examples of related services at 34 CFR 300.
34 are not exhaustive and may include other
developmental, corrective and supportive services if
they are required to assist a child with a disability to
benefit from special education.
17.04.1.3 A child’s need for related services must be
determined on an individual basis.
17.04.1.4 Not every child with a disability needs a related
service in order to benefit from special education.
17.04.1.5 Children with disabilities who need one (1) or more
related services in order to benefit from special
education do not necessarily need all related
services that may be available or that are listed as
examples in 34 CFR 300.34.
17.05 INDIRECT SERVICES
17.05.1 General.
17.05.1.1 Children with disabilities who receive special
education in the general education classroom are
considered to be receiving indirect services if these
services are provided by the general education
classroom teacher in consultation with qualified
special education personnel (consulting teacher).
17.05.1.2 Indirect services should consist of consultation with,
and technical assistance to, the teacher which could
be in the form of communication, observation,
monitoring, and maintenance of a child’s skills (i.e.,
program/content, modifications, modeling of
instruction, etc.).
17.05.2 Eligibility criteria.
17.05.2.1 The child has been determined to be an eligible
child with a disability under these regulations.
17.05.2.2 The IEP Team has developed an IEP for the child
and has determined the extent to which indirect
services are to be provided for the child to achieve
17.00 PROGRAM STANDARDS
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his goals and objectives in the regular classroom.
17.05.2.3 By selecting the indirect services delivery model the
IEP Team has determined that there is no
compelling instructional reason why the child’s
instruction cannot be provided in the general
education classroom with the assistance of a
consulting teacher. (The general education
classroom teacher should be an active participant in
the IEP conference.)
17.05.2.4 The child is not receiving direct services in the same
placement (service setting) in which indirect
services are being provided. For example - a child
may not receive both direct and indirect services for
speech therapy or for special education, etc.
However, the child may be receiving indirect
services in lieu of resource services but continue to
receive direct speech therapy or vice versa.
17.05.2.5 Children receiving indirect services will have their
progress reviewed and documented a minimum of
twice each semester. Program reviews should
coincide with grading periods.
17.05.2.6 Indirect services can be provided on a part-time
basis by any designated special education instructor,
consistent with Caseload Guidelines in § 17.03.7,
but must be provided during the instructional day
and without interruption to the special education
provided to direct services children assigned to that
instructor.
17.05.2.7 A 2:1 child to teacher equivalency ratio can be used
to determine the upward caseload adjustment for
itinerant and resource teachers who are assigned
consulting teacher duties for part of the instructional
day. (See § 17.03.7 of these regulations.)
17.05.2.8 Children receiving indirect services on December 1
are eligible to be included in the federal child count.
17.05.2.9 Costs associated with the consulting teacher may be
applied to meeting the district’s special education
expenditure requirements.
17.05.2.10 Costs associated with the general education program
may not be treated as special education
17.00 PROGRAM STANDARDS
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expenditures.
17.05.3 Procedures for reviewing progress.
17.05.3.1 The consulting teacher will, at a minimum, review
and document each child’s progress in indirect
services twice each semester. Progress reports are
to be filed in the child’s due process folder. Such
program reviews should coincide with grading
periods.
17.05.3.2 If the child does not pass content area course(s) or
satisfactorily complete goals and objectives set out
in the IEP for two (2) consecutive progress reviews,
the consulting teacher will initiate a program review
conference in accordance with established due
process procedures. The committee will document
its decision as to either the continuation of indirect
services or placement in direct services, consistent
with any revision of the child’s IEP.
17.05.3.3 For secondary children, should a progress review at
any grading period indicate that a child is in danger
of failing a content area course(s), a formal review
conference should be scheduled immediately.
17.05.4 Standards for Indirect Instructional Services.
17.05.4.1 Location. The child will receive regular classroom
instruction with the majority of the direct instruction
being provided by general education personnel.
Implementation of indirect services will be within
the regular education environment.
17.05.4.2 Total Amount of Time. The total amount of time
that indirect services will be provided per week (a
minimum of 30 minutes and a maximum of 90
minutes per week) must be reflected on each
child’s IEP.
17.05.4.3 Grading Responsibilities. Regular education
personnel are responsible for assigning the child’s
grade(s).
17.05.4.4 Teacher/Pupil Caseload. The teacher/pupil
caseload for a full-time consulting teacher is 1:40.
A 2:1 child to teacher equivalency ratio can be used
to determine the upward caseload adjustment for
itinerant and resource teachers who are assigned
17.00 PROGRAM STANDARDS
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consulting teacher duties for part of the instructional
day.
17.05.5 Consulting Teachers.
17.05.5.1 General
A. Consulting teachers are special education
personnel who have the primary role of
consulting with general and special
education teachers regarding the
modification and/or adaptation of instruction
for specific children with disabilities.
B. The consulting teacher may provide limited
direct instruction to the child.
17.05.5.2 Consulting Teacher responsibilities
A. The consulting teacher provides a minimum
of 30 minutes per week and a maximum of
90 minutes per week of
consultation/technical assistance (i.e.,
communication, observation, monitoring,
and maintenance of skills) for each
child served in indirect services.
B. On a regularly scheduled basis, the
child’s program will be reviewed in
conjunction with the general education
teacher(s) serving the child.
C. Consultation with the regular teacher(s)
regarding modifications in instructional
methods or pacing which may be necessary
for a child with a disability in the general
education classroom may include, but is not
be limited to:
1. Assisting the regular teacher(s) in
modifying existing materials or in
locating alternate materials for use
by the child;
2. Assisting the children and teachers
with special modifications, such as
test construction and administration
on an “as needed” basis;
17.00 PROGRAM STANDARDS
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3. Providing limited demonstration,
diagnostic or team teaching to model
alternative instructional approaches
for integrating the child with a
disability into the regular classroom;
and
4. Providing consultation in the
development of behavioral
intervention plans (BIP), use of
learning strategies, etc.
D. Consulting teachers should participate, as
appropriate, in meetings regarding the
children they serve, such as the
evaluation/programming conference to
develop the child's IEP.
17.06 CO-TEACHING
17.06.1 General.
17.06.1.1 Children with disabilities who receive special
education in the general education classroom are
considered to be receiving direct services if these
services are provided by both the general education
classroom teacher and qualified special education
personnel.
17.06.2 Eligibility criteria.
17.06.2.1 The child has been determined to be an eligible
child with a disability under these regulations.
17.06.2.2 The IEP Team has developed an IEP for the child
and has determined the extent to which co-teaching
services are to be provided for the child to achieve
his goals and objectives in the regular classroom.
17.06.2.3 By selecting the co-teaching services delivery model
the IEP Team has determined that there is no
compelling instructional reason why the child’s
instruction cannot be provided jointly in the general
education classroom. The general education
classroom teacher must be an active participant in
the IEP conference.
17.06.2.4 The child is not receiving co-teaching services in
the same placement (service setting) in which
17.00 PROGRAM STANDARDS
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indirect or other direct services are provided. For
example - a child may not receive both co-teaching
and indirect services for speech therapy or for
special education, etc. However, the child may be
receiving co-teaching services in lieu of resource
services but continue to receive direct speech
therapy or vice versa.
17.06.2.5 Co-teaching services can be provided on a part-time
basis by any designated special education personnel
and general education teacher, consistent with
Caseload Guidelines in §17.06.4.2, but must be
provided during the instructional day and without
interruption to the special education provided to
direct services children assigned to that instructor.
17.06.2.6 Children receiving co-teaching instructional
services on December 1 are eligible to be included
in the federal child count.
17.06.2.7 Costs associated with the co-teaching special
education teacher may be applied to meeting the
district’s special education expenditure
requirements.
17.06.2.8 Costs associated with the general education program
may not be treated as special education
expenditures.
17.06.3 Procedures for reviewing progress.
17.06.3.1 The general education and special education
teachers will review and document each child’s
progress in co-teaching services. Progress reports
are to be filed in the child’s due process folder.
17.06.3.2 If the child does not pass content area course(s) or
satisfactorily complete goals set out in the IEP for
two (2) consecutive progress reviews, the special
education teacher will initiate a program review
conference in accordance with established due
process procedures. The committee will document
its decision as to either the continuation of co-
teaching services or placement in other direct
services, consistent with any revision of the child’s
IEP.
17.06.3.3 For secondary children, should a progress review at
any grading period indicate that a child is in danger
17.00 PROGRAM STANDARDS
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of failing a content area course(s), a formal review
conference must be scheduled immediately.
17.06.3.4 Grading responsibilities. General education
personnel in consultation with the special education
co-teacher(s) are responsible for assigning a child’s
grade(s).
17.06.3.5 The total amount of time that co-teaching services
will be provided per week is to be divided equally
between the general education teacher and the
special education teacher as documented on the
child’s IEP.
17.06.4 Teacher/Pupil caseload.
17.06.4.1 Full-Time Co-Teacher. The Teacher/Pupil caseload
for a full-time Co-Teaching special education
teacher is 1:30.
17.06.4.2 Part-Time Co-Teacher. The Teacher/Pupil caseload
for a part-time Co-Teaching special education
teacher is 1:30 split between co-teaching duties and
other direct services provision.
17.07 INCLUSION OF NONDISABLED CHILDREN IN SCHOOL BASED DAY
TREATMENT
17.07.1 Purpose.
It is the purpose of these regulations to set out the general
guidelines for the inclusion of a limited number of children who,
while not found to be eligible in accordance with IDEA definition,
have been otherwise diagnosed as having an emotional disturbance
and are in need of a school-based day treatment program.
17.07.2 Definitions.
17.07.2.1 Day Treatment Program. A cooperative program
which includes both the provision of education and
mental health services for each participating
child in a coordinated, therapeutic manner.
17.07.2.2 School-based Services. Services located on a school
campus in an age-appropriate “general education”
school building.
17.07.2.3 Properly Diagnosed. The child has been determined
to have an emotional disturbance on the basis of a
DSM-IV-R classification by professionals qualified
17.00 PROGRAM STANDARDS
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to make such a diagnosis, which includes -
A. Psychiatrist (licensed in the State of
Arkansas and having completed an accepted
residency in psychiatry);
B. Psychologist (licensed in the State of
Arkansas);
C. Psychological Examiner (licensed in the
State of Arkansas);
D. Master of Social Work (licensed in the State
of Arkansas);
E. Licensed Professional Counselor (licensed
in the State of Arkansas);
F. Registered Nurse (licensed in the State of
Arkansas) with one (1) year supervised
experience in a mental health setting;
G. Physician (licensed in the State of
Arkansas); and
H. Persons in a related profession (licensed in
the State of Arkansas and practicing within
the bounds permitted by their licensing
authority) with at least a Master’s Degree
and appropriate experience in a mental
health setting, including documented,
supervised training and experience in
diagnosis and therapy of a broad range of
mental disorders.
17.07.2.4 DSM-IV-R. Diagnostic and Statistical Manual of
Mental Disorder IV-Revised.
17.07.2.5 Mental Health Professional. A person whose
credentials allow them to diagnose and/or treat
individuals with mental health needs and who may
be employed by a Mental Health facility (public or
private), a public school, educational service agency
cooperative or may be engaged in private practice.
17.07.3 Child eligibility.
17.07.3.1 Children who are not eligible in accordance with
IDEA eligibility criteria, but who are eligible for
17.00 PROGRAM STANDARDS
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inclusion in the school-based day treatment program
funded with special education funds includes those
children diagnosed as having emotional disturbance
under recognized criteria (such as the DSM IV-R).
A. These children may have a diagnosis such as
adjustment disorders, disorders of impulse
control, conduct disorders, suicidal,
substance abuse and/or affective disorders;
and
B. Such children may exhibit characteristics of
juvenile delinquency, truancy and runaway
behavior.
C. However, juvenile delinquency, truancy and
runaway behaviors alone do not qualify a
child for this program.
17.07.3.2 The child's need for the day treatment program must
be determined by a team comprised of, at a
minimum, the following –
A. Mental Health Professional;
B. Teacher in the day treatment program;
C. Principal;
D. Parent; and
E. Other persons knowledgeable about the day
treatment program and/or the child, as
appropriate.
17.07.3.3 The child’s needs must be compatible with the
services offered.
17.07.3.4 When the placement of a child who is not eligible
under the IDEA is foreseen or determined to be
disruptive to the delivery of services to children
who are eligible under the IDEA, then the child who
is not eligible under the IDEA must be removed and
served elsewhere.
17.07.4 District eligibility for inclusion of nondisabled children in School-
based Day Treatment.
17.07.4.1 The school district must have in place a school-
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20
based day treatment program which has been
approved as such by the ADE, Special Education
Unit. If such approval is not in place, see
§17.06.4.2 of this part.
17.07.4.2 If the district is anticipating the opening of a school-
based day treatment program, then, prior to the
issuance of approval as a day treatment program by
the ADE, Special Education Unit, the district must
demonstrate that it has -
A. Participated in a planning process including
mental health professionals;
B. Conducted staff development for both the
staff of the school-based day treatment
program and staff in the “regular” education
program in the building, to include bus
drivers and cafeteria personnel; and
C. Developed a written agreement with mental
health professionals if they are not
employees of the school district or ESA, as
to their participation in the program.
17.07.4.3 At least one-third (1/3) of the total teacher/pupil
caseload must be children who are eligible under the
IDEA and who need a school-based day treatment
program. If the teacher/pupil caseload is 1:6, then
at least two (2) children must be eligible under the
IDEA. If the teacher/pupil caseload is 1:8 with
three (3) additional staff (including mental health
professionals), then at least three (3) children must
be eligible under the IDEA.
17.07.4.4 The school district must submit a letter to the
Administrator for Monitoring and Program
Effectiveness in the ADE Special Education Unit
requesting approval for the inclusion of nondisabled
children in the school-based day treatment program.
The letter must include -
A. The number of children not eligible under
the IDEA;
B. The number of children eligible under the
IDEA; and
C. The number and type of personnel in the
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21
program.
17.07.4.5 The Administrator for Monitoring and Program
Effectiveness will provide the district with written
notice as to whether the request is approved or
disapproved.
17.07.5 Funding.
17.07.5.1 This provision is intended to allow the expenditure
of federal special education funds for children who
are not eligible under the IDEA, but who have been
otherwise properly diagnosed with emotional
disturbance and who need a school-based day
treatment program. No additional funds accompany
this provision.
17.07.5.2 Children who are not eligible under the IDEA are to
be counted in the district’s regular average daily
membership report.
17.07.5.3 Children who are not eligible under the IDEA shall
not be counted on the district’s December 1 child
count for funds under Part B of the IDEA.
17.07.6 Program Guidelines. The ADE Guidelines for School-based Day
Treatment Programs are located in Special Education Eligibility
Criteria and Program Guidelines for Children with Disabilities,
Ages 3-21, (ADE, 2008) the companion document to these
regulations, and are to be followed in implementing school-based
day treatment programs.
17.08 STANDARDS FOR INTEGRATED CLASSROOM MODEL (ICM)
(REGULAR/SPECIAL EDUCATION)
17.08.1 Description.
17.08.1.1 The ICM is designed to educate children with mild
disabilities in the general education classroom with
their nondisabled peers on a full-time basis for the
entire school day.
17.08.1.2 For the purpose of this model, “mild” is defined as
children with disabilities who receive resource
services for not more than two (2) hours. Where
integrated therapy (i.e., speech therapy, physical
therapy, and/or occupational therapy) is clearly an
inappropriate method of service delivery, children
may receive such therapies in a “pull-out” program.
17.00 PROGRAM STANDARDS
22
17.08.1.3 The integrated classroom is highly structured, with
clear behavioral and academic expectations.
17.08.1.4 Special education children are completely integrated
in all classroom activities, with the majority of
teacher time being spent on active instruction.
17.08.1.5 High positive reinforcement levels are established
and maintained and materials are adapted to meet
all children’s needs.
17.08.1.6 ICM teachers use a variety of teaching methods to
meet child needs and abilities as indicated by the
goals and objectives specified in children's
individualized education programs (IEPs).
17.08.1.7 District-adopted curricula and materials are also
used in the integrated classroom and are modified to
meet the needs of the children.
17.08.1.8 The district curricula are supplemented by
differentiated materials when needed.
17.08.2 Teacher/Pupil caseload and class composition.
17.08.2.1 Integrated classrooms are composed of up to one-
third (1/3) children with mild disabilities
with appropriate IEPs and two-thirds (2/3) children
who are nondisabled.
17.08.2.2 The maximum teacher/pupil caseload of an
integrated classroom cannot exceed a total of 24
children.
17.08.3 Child selection.
17.08.3.1 Children with disabilities whose IEPs can be
implemented in an integrated general education
classroom, and for whom this type of setting is
determined to be the child's least restrictive
environment, may be selected for the integrated
classroom.
17.08.3.2 The selection of this model on the continuum of
alternative options is “regular class/some direct
instruction.”
17.08.3.3 All eligible children are assigned to the integrated
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23
classroom at the appropriate grade level and,
whenever possible, in the building they would
normally attend if not disabled.
17.08.3.4 The assignment of nondisabled children to the
integrated classroom is made on the same basis as
all other class assignments.
17.08.3.5 Nondisabled children should be performing
academically in the average to above average range.
17.08.3.6 Participation in “pull-out” programs should be
limited for both the child with disabilities and his
nondisabled peers.
17.08.4 Facilities.
17.08.4.1 The integrated classroom must meet state facility
standards established for regular classrooms.
17.08.5 Personnel.
17.08.5.1 Teachers participating in the ICM should be
selected jointly by the building principal and special
education administrator.
17.08.5.2 The ICM teacher must be dually licensed in special
education and general education or be fully licensed
in either special education or general education and
have a current Additional Licensure Plan for
completion of licensure in the collateral area.
17.08.5.3 A paraprofessional must be assigned to the
integrated classroom for a minimum of 50% of the
day.
17.08.6 Funding.
17.08.6.1 A child with disabilities whose IEP is implemented
in an integrated classroom on December 1 may be
included in the December 1 federal child count.
17.08.6.2 The costs associated with the provision of special
education by the integrated classroom teacher may
be considered as special education expenditures.
Such costs include materials and supplies needed to
implement the IEPs of children with disabilities.
17.08.6.3 Up to one-third (1/3) of the teacher’s salary and
17.00 PROGRAM STANDARDS
24
benefits may be charged as special education
expenditures.
17.08.6.4 The costs associated with the general education
program may not be considered a special education
expenditure.
17.08.6.5 The total cost of the half-time paraprofessional in
the integrated classroom may be considered as a
special education expenditure.
17.08.7 Related services.
17.08.7.1 Related services must be provided as specified in
each child's IEP. It may be necessary to provide
related services in a location other than the general
education classroom.
17.08.8 Staff development.
17.08.8.1 Prior to implementing the integrated classroom
model, the ICM staff must receive at least five (5)
hours of in service training before the classroom is
operational.
17.08.8.2 During the first year of operation, an additional five
(5) hours of in service training must be provided for
the ICM staff.
17.08.8.3 A minimum of five (5) hours of staff development
must be provided annually following the first year
of implementation.
17.08.8.4 At least one-half (1/2) of the required training must
be selected from the following areas -
A. Classroom management
B. Teaching strategies, such as cooperative
learning, peer tutoring, learning strategies,
etc.
C. Learning styles/modalities
D. Roles and responsibilities of teachers and
paraprofessionals
E. Communication skill training/team building
17.00 PROGRAM STANDARDS
25
F. Teaching social skills
G. Coping/self-esteem strategies for children
H. Study skills for children
17.08.8.5 Additional staff development topics should be
identified and training provided based upon needs
assessment.
17.08.8.6 Training must be provided in the context of regular
staff development at the building or district level,
provided it is identifiable.
17.09 USE OF DUALLY-LICENSED TEACHERS TO IMPLEMENT IEPs
17.09.1 Purpose.
17.09.1.1 The purpose of this provision is to verify that
dually-licensed teachers used to implement the IEPs
of children with disabilities are considered to be
qualified providers.
17.09.2 Conditions.
17.09.2.1 When a district has a teacher or teachers who are
dually-licensed in general education and special
education, then it may be determined that the IEP
for a particular child can be fully implemented
within the general education classroom with no
additional assistance from a certified special
education teacher.
17.09.2.2 The maximum number of children with disabilities
for whom a dually-licensed teacher is solely
responsible for implementing their IEPs is limited to
two (2).
17.09.2.3 When a district has more than two (2) children with
disabilities for whom it is appropriate for a dually-
licensed teacher to implement their IEPs, the district
must comply with the requirements of the Integrated
Classroom Model described at § 17.07 of this part.
17.09.2.4 A paraprofessional is required to be in the
classroom.
17.09.2.5 The total teacher/pupil caseload must conform to
maximum class size for a general education
17.00 PROGRAM STANDARDS
26
classroom in accordance with the ADE’s standards
for accreditation of schools.
17.10 HOMEBOUND CHILDREN
17.10.1 Purpose.
17.10.1.1 The purpose of this part is to provide the criteria
governing the conditions under which a school
district may count a homebound child to generate
Formula Foundation Aid. These regulations were
adopted by the State Board of Education at its
September 1982 meeting.
17.10.1.2 The application of these criteria is required in order
for a school district to count children with
disabilities who are on homebound services on its
December 1 federal child count.
17.10.2 Criteria.
17.10.2.1 The child is absent from school because of an
illness, an accident resulting in serious injury,
pregnancy or other physically disabling conditions.
(Or in the case of a child with disabilities, the IEP
team has determined that the child’s LRE is a
homebound placement.)
17.10.2.2 The school district must provide a licensed teacher
for the homebound child for at least four (4) hours
per week on at least two (2) different visits to the
child’s home each week.
17.10.2.3 The school may use an aide (paraprofessional) to
work with the child if the aide (paraprofessional)
works under the supervision of the regular
teacher(s). (Or in the case of a child with a
disability, the teacher(s) responsible for
implementing the child’s IEP.)
17.10.2.4 The child’s attendance record should show the child
as being absent but on roll and a note should be
entered in the (child) Register, or the form being
used, indicating that the child was (is) receiving
instruction at home and was (is) being counted as a
“Homebound” child for the purpose of generating
Formula Foundation Aid.
17.00 PROGRAM STANDARDS
27
17.10.2.5 For a child with disabilities who is “homebound,”
the district must implement the child’s IEP using an
appropriately qualified provider, i.e., for speech
therapy a licensed speech-language pathologist; for
instruction implementing goals and objectives in the
IEP, a special education-licensed teacher.
17.10.2.6 For a child with disabilities who is “homebound,”
the district must provide the related services
identified in the IEP during the duration of the
period of the child’s confinement.
17.11 BRAILLE ASSESSMENT AND INSTRUCTION
17.11.1 General.
17.11.1.1 Ark. Code Ann. §§ 6-41-403 and 6-41-404 provide
for -
A. The annual assessment of child progress of
children with visual impairments; and
B. The identification of the need for and
corresponding provision of Braille
instruction.
17.11.1.2 Ark. Code Ann. §§ 6-41-403 and 6-41-404 further
require that the Arkansas Department of Education -
A. Develop procedures to determine when a
child with a visual impairment needs
Braille instruction, and
B. Establish requirements to become qualified
as a Braille instructor.
17.11.2 Definitions.
17.11.2.1 ADE - Arkansas Department of Education
17.11.2.2 IDEA - Individuals with Disabilities Education Act
17.11.2.3 IEP - Individualized Education Program
17.11.2.4 LMA - Learning Media Assessment
17.11.2.5 Braille - A tactual symbol system for reading and
writing used by individuals who are visually
impaired. Braille codes are available in literacy,
17.00 PROGRAM STANDARDS
28
math, science, music and computer.
17.11.2.6 Conventional Literacy Program - An instructional
program of reading and writing in print or Braille
that generally begins in kindergarten and continues
throughout the school years.
17.11.2.7 Compliance Citation - A citation issued by the
ADE which documents a school’s failure to comply
with state or federal education laws.
17.11.2.8 Core academic subjects - means English, reading or
language arts, mathematics, science, foreign
languages, civics and government, economics, arts,
history, and geography.
17.11.2.9 Functional Literacy Program - An instructional
program that focuses on survival reading and
writing skills needed for increased independence in
daily life.
17.11.2.10 Learning Media Assessment - An objective process
of systematically selecting learning and literacy
media for children with visual impairments.
17.11.2.11 Learning Medium - The broad range of general
instructional materials used to teach children with
visual impairments in literacy and other academic
programs.
17.11.2.12 Visually Impaired - Visual impairment including
blindness means an impairment in vision that, even
with correction adversely affects a child’s
educational performance. The term includes both
partial sight and blindness.
A. Children with partial sight are those whose
vision, although impaired, is still the primary
channel of learning and, with adjustments, are
able to perform the visual tasks required in the
usual school situation. Generally, their visual
acuity with correction is 20/70 or less.
B. Children with blindness are those with no
vision or with little potential for developing
vision as a primary channel for learning and,
therefore, must rely upon tactile and auditory
senses to obtain information.
17.00 PROGRAM STANDARDS
29
17.11.3 Assessment of child progress.
17.11.3.1 The assessment shall -
A. Address the child’s need for Braille
instruction, using procedures developed by
the ADE, and specify the learning medium
most appropriate for the child’s educational
progress;
B. Identify the child’s strengths and weaknesses
in Braille skills, when that medium is used
for instruction; and
C. Identify appropriate and necessary related
services and technologies for use in
combination with Braille instruction.
17.11.3.2 The results of the assessment shall be used to
develop the child’s IEP.
17.11.3.3 The assessment team may include –
A. Reading specialist;
B. General education teacher (including the
preschool teacher);
C. Teachers of the visually impaired;
D. Certified Educational Vision consultant;
E. Medical specialist;
F. Parent(s); and
G. Other personnel, as appropriate.
17.11.3.4 Data collected by the team will provide information
to determine if further assessment is warranted or to
develop and/or revise the IEP.
17.11.4 Process for assessment - for “reading” children.
17.11.4.1 Step 1. Screening to determine the child's reading
speed and rate and grade level.
A. Tools. Informal reading inventories
17.00 PROGRAM STANDARDS
30
administered by a reading specialist and/or
general education classroom teacher.
B. Results. Data regarding reading rate,
comprehension and grade level are obtained.
C. Action to be taken. The child either
continues with current established reading
medium or the child is referred for a LMA.
17.11.4.2 Step 2. Administer the LMA to determine the
appropriateness/need for Braille instruction and
strengths and weaknesses.
A. Tools. Forms 2, 6 and 7 from the LMA
Resource Guide for Teachers and a Braille
Skills Inventory administered by a teacher of
the visually impaired or a certified educational
vision consultant.
B. Results. Data regarding current level of
literacy functioning, strengths and
weaknesses, and literacy tools (visual,
tactual, auditory) are obtained.
C. Action to be taken. Convene the IEP Team
to decide if a media change is warranted and
to review and revise the IEP, if appropriate.
17.11.5 Process for assessment. For children with “no established reading
medium” (pre-readers) who will more than likely be taught to read
through a conventional literacy program (typically these children are
in preschool, kindergarten or first grade) -
17.11.5.1 Step 1. Determine the readiness level for Braille
instruction.
A. Tools. Forms 2, 4 and 5 from the LMA
Resource Guide for Teachers administered by
a teacher of the visually impaired or a certified
educational vision consultant.
B. Results. Data regarding use of sensory
channels, indicators of readiness for a
conventional literacy program and initial
selection of literacy medium are obtained.
C. Action to be taken. Convene the IEP
committee to develop or revise the IEP, if
17.00 PROGRAM STANDARDS
31
appropriate.
17.11.5.2 Step 2. Once the child becomes a “reading” child,
go to Step 1: Screening for “reading” children in
§17.10.4.1 of this part.
17.11.6 Process for assessment. For children with no established reading
medium (non-readers and/or children with additional disabilities)
who will more than likely be taught to read through a functional
literacy program -
17.11.6.1 Step 1. Screening to determine readiness for Braille
instruction.
A. Tools. Forms 2, 9 and 10 from the LMA
Resource Guide for Teachers administered by
a teacher of the visually impaired or a certified
educational vision consultant.
B. Results. Data regarding use of sensory channels,
readiness indicators for a functional literacy
program, selection of functional literacy
program are obtained.
C. Action to be taken. Convene the IEP committee
to determine readiness level for appropriate
Braille instruction or select an alternate
medium, and to develop or revise the IEP, if
appropriate.
17.11.7 Braille instruction.
17.11.7.1 Individuals providing Braille instruction must -
A. Hold current teacher licensure designated as
“Visually Impaired” issued by the ADE, or
B. Hold current teacher licensure and have an
approved Additional Licensure Plan ( ALP)
in the area of Visually Impaired.
17.12 USE OF READING SPECIALISTS TO IMPLEMENT IEPs
17.12.1 General.
17.12.1.1 Individuals who hold a reading endorsement or who
are licensed as reading specialists by the ADE may
be considered to be qualified providers to
implement the goals and objectives related to
17.00 PROGRAM STANDARDS
32
reading that are stated in an IEP for a child with
disabilities.
17.12.1.2 A pro-rata portion of the salary of such individuals
may -
A. Count toward meeting the special education
state/local expenditure requirement; or
B. Be funded with federal special education
monies.
17.12.1.3 Materials and supplies that are needed by
children with disabilities may be purchased
with special education funds.
