Special Education

Special Instruction and Courses of Study (ch. 10).

Crippled Children (art. 1).

SEC. 15-1001. Program for education of crippled children; budget.-A. The department of education shall prescribe a program for the education of crippled children.

B. The department shall include in its annual proposed budget a request for sufficient monies to finance education for patients at the crippled children's hospital and for crippled children in the county of their residence.-[As amended, Laws 1972, Ch. 105.]

SEC. 15-1010. Direct state action.-A. All school districts shall develop a district plan for providing for special education to all handicapped, except emotionally handicapped, children within the district. Such plan shall be submitted to the state board of education on or before July 1, 1975. The plan must have approval prior to November 1, 1975.

B. On or before September 1, 1976 all handicapped, except emotionally handicapped, children shall be receiving special education programming commensurate with their abilities and needs.-[Added Laws 1973, Ch. 181, sec. 2.]

Special Education of Exceptional Children (art. 2).

SEC. 15-1011. Definitions.-In this article, unless the context otherwise requires:

1. "Exceptional child” means a gifted child or a handicapped child.

2. "Gifted child" means a child of lawful school age who due to superior intellect, advanced learning ability or both is not afforded an opportunity for otherwise attainable progress and development in regular classroom instruction and who needs special instruction, special ancillary services or both to achieve at levels commensurate with his intellect and ability.

3. "Handicapped child" means a child of lawful school age who due to physical, mental or emotional characteristics or a combination thereof is not afforded the opportunity for all-around adjustment and progress in regular classroom instruction and who needs special instruction, special ancillary services, or both to achieve at levels commensurate with his abilities. Handicapped child includes the following:

(a) "Educable mentally handicapped" means a child who because of his intellectual development, as determined by evaluation pursuant to sec. 15-1013, is incapable of being educated effectively through regular classroom instruction, but who is capable of achieving a degree of proficiency in basic academic skills and as a result of special education may become economically productive and socially adjusted.

(b) "Emotionally handicapped" means a child who because of social or emotional problems, as determined by evaluation pursuant to sec. 15-1013, is unable or incapable of meeting the demands of regular classroom programs in the public schools and requires special classes or special services designed to promote his educational and emotional growth and development.

(c) "Hearing handicapped" means a child who has a hearing deviation from the normal, as determined pursuant to sec. 15-1013, which impedes his education progress in the regular classroom situation and whose intellectual development is such that he is capable of being educated through a modified instructional environment.

(d) "Homebound" or "hospitalized" means a student who is capable of profiting from academic instruction but is unable to attend school due to illness, disease, accident, pregnancy, or handicapping conditions, who has been examined by a competent medical doctor and is certified by the doctor as being unable to attend regular classes for a period of not less than three school months.

(e) "Multiple handicapped" means a child who has serious learning and developmental problems resulting from multiple handicap or disability, as determined by evaluation pursuant to sec. 15-1013, which impedes his educational progress in the regular classroom.

(f) "Physically handicapped" means a child who has a physical handicap or disability, as determined by evaluation pursuant to sec. 15-103 (sic.), which impedes his educational progress in the regular classroom situation and whose intellectual development is such that he is capable of being educated through a modified instructional environment.

(g) "Specific learning disability" means the condition of a child who exhibits a significant discrepancy between ability and achievement as determined by evaluation pursuant to sec. 15-1013. The specific learning disability may be manifested by perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, developmental aphasia, but excluding learning problems which are due primarily to visual, hearing or motor handicaps, mental retardation, emotional disturbance, or to environmental disadvantage.

(h) "Speech handicapped" means a child whose speech differs, as determined by evaluation pursuant to sec. 15-1013, to the extent that it calls attention to itself, interferes with communication, or causes the child to be maladjusted. (i) "Trainable mentally handicapped" means a child who because of his intellectual development, as determined by evaluation pursuant to sec. 15-1013, is incapable of being educated in regular classroom instruction or educable mentally handicapped classes, but who is capable of benefitting from the school experience.

(j) "Visually handicapped" means a child who has a vision deviation from the normal, as determined pursuant to sec. 15-1013, which impedes his educational progress in the regular classroom situation and whose intellectual development is such that he is capable of being educated through a modified instructional environment.

4. "Special education" means the adjustment of the environmental factors, modification of school curricula and adaptation of teaching methods, materials, and techniques to provide educationally for those children who are gifted or handicapped to such an extent that they do not profit from the regular school curricula or need special education services in order to profit. Difficulty in writing, speaking or understanding the English language due to an environmental background wherein a language other than English is spoken primarily or exclusively shall not be considered a sufficient handicap to require special education.-[Added Laws 1970, Ch. 169, sec. 3, as amended Laws 1971, Ch. 184, sec. 2, eff. Aug. 13, 1971; Laws 1973, Ch. 181, sec. 3.] SEC. 15-1015. Powers of the governing board of a school district or county.-A. The governing board of each school district or the county school superintendent shall by the school year 1976-1977:

1. Provide special education and required supportive services for all handicapped, except emotionally handicapped, children.

2. Employ supportive special personnel, which may include a director of special education, for the operation of special school programs for exceptional children.

3. To the extent practicable, educate handicapped children in the regular education classes. Special classes, separate schooling or other removal of handicapped children from the regular educational environment, shall occur only if, and to the extent that the nature or severity of the handicap is such that education in regular classes, even with the use of supplementary aids and services, cannot be accomplished satisfactorily.

4. Provide necessary transportation for handicapped children in connection with any program, class or service.

B. The special education program under this section shall be conducted only in a school facility which houses regular education classes or in other facilities approved by the state division of special education.

C. For the purposes of this section, handicapped children being furnished special education in rehabilitation, corrective or other state and county supported institutions shall be the responsibility of that institution or facility. Special education programs at such institution or facility shall conform to the conditions and standards prescribed by the director of the division of special education.

D. The governing body of each common or high school district, county or agencies involved in intergovernmental agreements may:

1. In cooperation with another district or districts, establish special education programs for exceptional children. When two or more governing bodies

determine to carry out by joint agreement the duties in regard to the special education programs for exceptional children, the governing bodies shall, in accordance with state law and the rules and regulations of the division of special education, establish a written agreement for the provision of services. In such agreements, one governing body of each common or high school district, agencies involved in intergovernmental agreements or the county school superintendent shall administer the program in accordance with the contract agreement between the districts. Tuition students may be included in the agreement.

2. Establish work-experience programs in accordance with rules and regulations of the division of special education. The work-experience program shall consist of classroom instruction, evaluation, training, and part-time employment. The evaluation, training, and part-time employment may take place on or off the school campus, in or out of the school district, but must be under supervision of certified school personnel. Students enrolled in the workexperience program shall be at least sixteen years of age. Time in a work-experience program shall be counted as attendance at school to qualify for appropriations provided by sec. 15-1017. All work-experience programs must have the approval of the state division of special education.

3. Establish special education programs for gifted and emotionally handicapped children.

E. A school district or county school superintendent may contract with, and make payments to, other public or private schools, institutions and agencies approved by the division of special education, within or without the district, for the education of and provision of services to exceptional children if unable to provide satisfactory education and service through its own facilities and personnel in accordance with the rules and regulations prescribed by the division of special education.

F. The county school superintendent may, upon approval of the division of special education, establish special education programs in the county accommodation schools under his jurisdiction or may cooperate with other school districts by agreement to provide such services for such special programs in accordance with the rules and regulations of the division of special education. At the beginning of each school year the county school superintendent shall present an estimate of the current year's accommodation school exceptional programs tuition cost to each school district that has signed an agreement to use the services of the accommodation school. The tuition shall be the estimated per capita cost based on the number of pupils that each school district has estimated will enroll in the program and the school district shall pay the tuition quarterly in advance on July 1, October 1, January 1, and April 1. Increases in enrollment during the school year over the school district's estimate of July 1, shall cause the tuition charges to be adjusted accordingly. In the event of overpayment by the district of residence, the necessary adjustment shall be made at the close of the school year.-[As amended, Laws 1973, 1st S.S., Ch. 3.]

Curriculum

Teachers and School Officers (ch. 2).

SEC. 15-202. Conducting of public schools in English language.-A. All schools shall be conducted in the English language, except special classes as provided in subsection B of this section.

B. In the first eight grades of any common school district where there are pupils who have difficulty in writing, speaking or understanding the English language because they are from an environment wherein another language is spoken primarily or exclusively, the district may provide special programs of bilingual instruction.-[As amended Laws 1969, Ch. 95, sec. 2; Laws 1973, Ch. 169.]

Special Instruction and Courses of Study (ch. 10).

SEC. 15-1023. Instruction on alcohol, tobacco and narcotic and dangerous drugs.-A. Instruction on the nature and harmful effects of alcohol, tobacco, narcotic drugs and dangerous drugs, including the plant cannabis and all

substances and parts of the plant, on the human system, and instruction on the prevention of alcohol, tobacco, narcotic and dangerous drug abuse, including the plant cannabis and all substances and parts of the plant, shall be included in the courses of study in common and high schools. The instruction may be combined with health, science, citizenship or similar studies.

B. The state board of education may, at the request of a school district, provide the following for use in carrying out the provisions of this section: 1. A suggested course of study.

2. A system of in-service training for teachers.

3. A list of available films and other teaching aids.

C. For the purpose of this section, the definitions of "cannabis" and "narcotic drugs" as defined in sec. 36-1001 and "dangerous drug" as defined in sec. 32-1901, paragraph 9, are applicable.-[As amended Laws 1973, Ch. 76, sec. 2.]

Special Programs (ch. 11).

SEC. 15-1131. Testing pupils in elementary grades. -A standardized reading achievement test adopted by the state board of education shall be given annually in the first week of October to all pupils who are enrolled in the third grade. A standardized mathematics achievement test adopted by the state board of education shall be given annually in the first week of October to all pupils who are enrolled in the fifth grade. The state board of education shall promulgate rules and regulations governing the methods for the administration of all such uniform tests.-[As amended, Laws 1974, Ch. 38.]

SEC. 15-1134. Test results.-The results of any uniform tests administered to pupils under this article shall be reported to the state board of education. The results shall include the score of each individual pupil, the score of each classroom, the score of each school and such other information or comparative data as the state board of education may by regulation require. A copy of such results shall be retained in the office of the state superintendent. A copy of the results from each district shall be sent to the district. No results shall be otherwise released until ten days after the report to each district. The state superintendent, by utilizing experts in the field of test evaluations, shall annually assess the effectiveness of reading programs. An annual report shall be submitted to the state board of education, to the legislature, each district board of education in the state and all superintendents. The state board of education shall annually make recommendations to the legislature with respect to such test results and analysis which will enhance the quality of the reading program in the public schools.-[Added Laws 1969, Ch. 59, Sec. 2; as amended Laws 1973, Ch. 98, Sec. 2.]

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Municipal and Private Corporations (art. 12).

SEC. 5. Political subdivisions not to become stockholders in or lend credit to private corporations.-No county, city, town or other municipal corporation shall become a stockholder in any company, association or corporation; or obtain or appropriate money for, or loan its credit to, any corporation, association, institution, or individual.

SEC. 12. State not to assume liabilities of political subdivisions or private corporations- Indebtedness to State-Release.-Except as herein otherwise provided, the State shall never assume or pay the debt or liability of any county, town, city, or other corporation whatever, or any part thereof, unless such debt or liability shall have been created to repel invasion, suppress insurrection or to provide for the public welfare and defense. Nor shall the indebtedness of any corporation to the State ever be released or in any manner discharged save by payment into the public treasury.

Education (art. 14).

SEC. 2. No money or property belonging to the public school fund, or to this State for the benefit of schools or universities, shall ever be used for any other than the respective purposes to which it belongs.

SEC. 3. The General Assembly shall provide for the support of common schools by general law, including an annual per capita tax of one dollar, to be assessed on every male inhabitant of this State over the age of twenty-one years; and school districts are hereby authorized to levy by a vote of the qualified electors respectively thereof an annual tax for the maintenance of schools, the erection and equipment of school buildings and the retirement of existing indebtedness * * *

Provided, that no such tax shall be appropriated for any other purposes nor to any other district than that for which it is levied.

Finance and Taxation (art. 16).

SEC. 1. State and political subdivisions prohibited from lending creditBond issues- Cities of first and second class.-Neither the State nor any city, county, town, or other municipality in this State, shall ever lend its credit for any purpose whatever; * * *

No municipality shall ever grant financial aid toward the construction of railroads or other private enterprises operated by any person, firm or corporation, and no money raised under the provisions of this amendment by taxation or by sale of bonds for a specific purpose shall ever be used for any other or different purpose. ***

Tax Exemptions For Nonpublic Schools

Finance and Taxation (art. 16).

SEC. 5. Property taxed according to value-License taxes-Tax exemptions.—* * * the following property shall be exempt from taxation: Public property used exclusively for public purposes; churches used as such; school buildings and apparatus; libraries and grounds used exclusively for school purposes; and buildings and grounds and materials used exclusively for public charity.

ANNOTATION.-The exemption as to school buildings applies to private schools as well as public schools. Phillips Co. v. Estelle, 42 Ark. 536. Miscellaneous

Municipal and Private Corporations (art. 12).

SEC. 2. Special acts prohibited-Exception.-The general assembly shall pass no special act conferring corporate powers, except for charitable, educational, penal or reformatory purposes, where the corporations created are to be and remain under the patronage and control of the State.

SEC. 6. General incorporation laws-Charters-Revocation.-Corporations may be formed under general laws, which laws may, from time to time, be altered or repealed. The general assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable at the adoption of this constitution, or any that may hereafter be created, whenever, in their opinion, it may be injurious to the citizens of this State, in such manner, however, that no injustice shall be done to the corporators.

Education (art. 14).

SEC. 1. Intelligence and virtue being the safeguard of liberty and bulwark of a free and good government, the State shall ever maintain a general, suitable and efficient system of free schools, whereby all persons in the State between the ages of six and twenty-one years may receive gratuitous instruction.

STATUTORY PROVISIONS

Education (title 80).

Approval/Supervision/Support

Directors of School Districts-Management of Schools (ch. 5).

SEC. 80-517. Permission to use school buildings for community meetings may be granted.-The directors of any school district may permit the use of the public school house thereof for social, civic and recreation purposes, or any other community purpose including any lawful meetings of its citizens, provided such meetings do not interfere with the regular school work, and

they make a charge therefor if they deem it to do so. [Acts 1931, No. 169, sec. 174, p. 476; Pope's Dig., sec. 11616.]

SEC. 80-518. Directors may permit private school to use schoolhouse.— The directors may permit a private school to be taught in the district schoolhouse during such time as the said house is not occupied by a public school, unless they be otherwise directed by a majority of the legal voters of the district. [Act Dec. 7, 1875 (Adj. Sess.), No. 46, sec. 77, p. 54; C. & M. Dig., sec. 8934; Pope's Dig., sec. 11725.]

Notes to Decisions: Use of School Building.-School board was enjoined from leasing its building to a private school corporation where the purpose of such leasing was to maintain a segregated school in violation of a court order requiring such school to be integrated. [Aaron v. Cooper, 261 Fed. (2d) 97.]

Compiler's Note.-See also SPECIAL EDUCATION, Act 102 of 1973, sections 19 and 20.

Compulsory Education

Attendance-Compulsory Education (ch. 15).

SEC. 80-1502. Attendance required of children aged seven to fifteen.Every parent, guardian, or other person residing within the State of Arkansas and having in custody or charge any child or children between the ages of seven (7) and fifteen (15), (both inclusive) shall send such child or children to a public, private, or parochial school under such penalty for non-compliance with this section as hereinafter provided. [Act 1931, No. 169, sec. 150, p. 476; Pope's Dig., sec. 3576, 11592.]

COLLATERAL REFERENCE.-What constitutes “private school” within statute making attendance at such a school compliance with compulsory school attendance law. [14 A.L.R. (2d) 1369.]

REFUSAL TO PERMIT VACCINATION.-Failure to permit vaccination so as to enable children to attend school is sufficient on which to base a finding of neglect. Cude v. State, 237 Ark. 927, 377 S.W. (2d) 816.

SEC. 80-1503. Minimum period of attendance required.-The minimum period of attendance required under this act shall be 150 school days for a full nine (9) months term, as nearly consecutive as possible, in each school year. Provided, in case any school is in session less than a nine (9) months term, attendance thereat shall be required of all children entitled to attend such school and subject to the provisions of this act for a corresponding number of school days in the full session thereof. [Acts 1931, No. 169, sec. 151, p. 476; Pope's Dig., sec. 3577, 11593; Acts 1947, No. 349, sec. 1, p. 785.]

SEC. 80-1504. Children exempt from attending-Free text books-When furnished.-The following classes of children between the ages of seven (7) and fifteen (15) years shall be exempt from the provisions of this act; (a) children mentally or physically incapacitated to perform school duties; (b) children who have completed the common school course of study, including the eighth grade as outlined by the Commissioner of Education; (c) children whose services are needed to support widowed mother. Provided boards of directors are hereby authorized and required to furnish, with school district funds, text books free to all children whose parents or guardians are unable to provide the same, upon satisfactory evidence or proof being made before the board of directors that said parents or guardians are not able to furnish such text books. Provided, such text books so furnished by the district shall remain the property of the district and be taken up by the directors at the close of the school term and kept for further use. [Acts 1931, No. 169, sec. 152, p. 476; Pope's Dig., secs. 3578, 11594.]

Special Education

Education of the Blind or Deaf; Admission of Students (ch. 24).

SEC. 80-2401. School attendance by blind and deaf children compulsory.-Every parent, guardian or other person having control of any mentally

normal minor over eight (8) years of age who is defective in hearing or sight to the extent that he cannot be benefited by instruction in the public schools, shall be required to send such minor to Arkansas Schools for the Deaf and Blind at Little Rock, Arkansas. Such minor shall continue to attend said schools for a term of at least thirty-two (32) weeks each year until he has completed the course of instruction prescribed for said schools by the Honorary Board of Managers, or any other body of (or) person designated by law to have control of said schools, respectively, or until he has been discharged by the superintendents of the schools. It is provided, however, that minors of the Negro race who come under the requirements of this section shall be placed in a separate school located at such place or places as may be determined by the State Board of Control (Board of Trustees of the Arkansas School of the Blind and Arkansas School of the Deaf). [Acts 1925, No. 117, sec. 1, p. 354; Pope's Dig., sec. 12900.]

SEC. 80-2402. Exemption from attendance.-Such deaf or blind minor shall be exempt from attendance at said schools for any of the following

reasons:

(1) Instruction by a private tutor or in another school approved by the Honorary Board of Managers, or any other body or person designated by law to have control of said schools, for a time equal to that required by the first section. [Sec. 80-2401] ***

Act 39 of 1971-"An Act To Repeal Act 412 of 1947, Act 315 of 1949, Act 48 of 1955, Act 169 of 1963, Act 208 of 1967; To Provide Competent Educational Services for Exceptional Children and Other Purposes."

SEC. 1. Purpose of Act.-The purpose of this Act is to provide competent educational services for exceptional children of the state as defined in this Act for whom the regular public school facilities are not available or are not adequate to meet the specialized needs of these students.

SEC. 2. Definitions. As used in this Act.-(1) the term “exceptional children" means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, emotionally disturbed, crippled, specific learning disabled, or other health impaired children who by reason thereof require special education and related services. For the purposes of this Act the exceptional child will be determined after an evaluation by competent medical, psychological, psychiatric, or other clinical persons recognized by the Board. (2) The term “treatment institution” means a hospital or treatment center which has a population of school age children who are confined to the institution for medical reasons for long periods of time. (3) The term "Board" means the State Board of Education for the Arkansas Department of Educatică. (4) A "special education class unit" is the number of pupils in attendance the major portion of a month in an approved organized special education class in a public school.

SEC. 3. Eligibility requirements for admission to services.-Specific eligibility requirements for admission to these special services will be the responsibility of the Board. Eligibility for services and provisions of this Act shall be limited to those students enrolled in the public schools and/or approved treatment institutions in the state. Board is hereby empowered to initiate, inspect, approve, and supervise a program of education for exceptional children as defined in this Act. It is also hereby designated as the agency for cooperation with the state and federal government, the approved treatment centers, and the local schools of Arkansas in carrying out the provisions of this Act. The Board shall make the necessary rules and regulations in keeping with the provisions of this Act and shall employ the necessary personnel for the proper administration of this Act, contingent upon available funds for this purpose.

SEC. 10. Classes established in treatment institutions.-The Board may establish hospital and convalescent classes in approved treatment institutions and pay the cost of the educational programs thereof.

SEC. 11. Admissions and discharges from special education services.— Children may be admitted to all such special educational services and/or discharged therefrom on the recommendation of physicians under whom they