ADE Director's Communication Memo Form

Memo Number : LS-07-080

Date Created : 12/29/2006


Co-op Directors
other: All Principals
LEA Supervisors
EC Coordinators

Type of Memo: Regulatory
Response Required: Optional
Section:   Learning Services - Dr. Laura Bednar, Assistant Commissioner
Special Ed Programs: Approval of Rules Governing Residential Placement

Regulatory Authority:
Ark. Code Ann. §§ 6-11-05, 6-41-202, 6-18-202, 6-20-104, & 6-20-107

Contact Person:
Janice Hood

Phone Number:


The State Board of Education (SBE) gave final approval to the Arkansas Department of Education (ADE) Rule Governing Residential Placement at the October 9, 2006, meeting. The final Rule was reviewed on December 1, 2006, by the Committee on Administrative Rules and Regulations of the Arkansas Legislative Council. The purposes of this Rule are to allocate public school funds for the residential placement of students and to define the educational services in such placements.

A copy of the final Rule is attached. This Rule goes into effect January 20, 2007. It replaces previous Section 18.00 in the regulatory document Special Education and Related Services, Procedural Requirements and Program Standards (ADE 2000).

For the first two quarters of the 2006-2007 school year, (through January 19, 2007), costs associated with the education of residentially placed students are billed in the manner set out in the current rules governing residential placement (ADE 2000). Beginning January 20, 2007, school districts where the residential facilities are located will be the responsible districts while students are in the facility, consistent with the Rule change.

For the 2006-2007 school year, the reimbursement rate for education instruction is $45.00 per day. Manual submission is required for the 1st and 2nd quarters for all school districts seeking reimbursements. Forms are attached and may be faxed to 501-682-4313. A separate application must be submitted for each quarter. As a reminder, children with disabilities placed in a residential facility, receiving special education and related services in accordance with an Individualized Education Program (IEP), should have been included in the December 1, 2006, Child Count by the district of residence as defined by the ADE 2000 Rules Governing Residential Placement, not by the new Rules that will take effect January 20, 2007.

Questions regarding the reimbursement process should be directed to Janice Hood at 501-682-4223. For questions pertaining to the residential facility approval process or the district’s responsibilities, please contact Janet Estes at 501-683-5599. Direct all questions regarding the December 1 Child Count to Dr. Jody Fields at 501-683-7219.


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