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005.28.39-1.00. Regulatory Purpose & Authority.

AR ADC 005.28.39-1.00Arkansas Administrative CodeEffective: August 10, 2020

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 39. Rules Governing Federal Program Complaint Resolution
Effective: August 10, 2020
Ark. Admin. Code 005.28.39-1.00
Formerly cited as AR ADC 005.19.13-1.00
005.28.39-1.00. Regulatory Purpose & Authority.
Currentness
1.01 These Rules shall be known as the Division of Elementary and Secondary Education Rules Governing Federal Program Complaint Resolution.
1.02 The State Board of Education enacts these Rules pursuant to its authority under Ark. Code Ann. §§ 6-11-105 & 25-15-201 et seq.; 20 U.S.C. §§ 1232c, 7844, 7881, & 7883; and 34 C.F.R. Chapter 2, Part 299, Subpart F.
1.03 The purpose of these Rules is to provide a procedure for receiving, reviewing, and resolving complaints made by organizations or individuals against the Arkansas State Board of Education (State Board), Division of Elementary and Secondary Education (Division), other state agency, or a local educational agency (LEA). These Rules apply only to complaints regarding the administration of the following programs contained within the Elementary and Secondary Education Act (ESEA):
(1) Part A of Title I (Improving Basic Programs Operated by Local Educational Agencies);
(2) Part B of Title I (State Assessment Grants);
(3) Part C of Title I (Education of Migratory Children);
(4) Part D of Title I (Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk);
(5) Title II (Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders);
(6) Title III (Language Instruction for English Learners and Immigrant Students);
(7) Subpart 2 of Part A of Title III (Accountability and Administration);
(8) Part A of Title IV (Student Support and Academic Enrichment Grants);
(9) Part B of Title IV (21st Century Community Learning Centers);
(10) Title VI (Indian, Native Hawaiian, and Alaska Native Education);
(11) Title VII (Impact Aid); and
(12) Part F of Title VIII (Participation by Private School Children and Teachers).
1.04 In computing any period of time described in these Rules, the last day of the period so computed shall be included, unless it is a Saturday, Sunday, legal holiday, or other day the Division is closed, in which event the period runs until the end of the next day that the Division is open. Days shall be counted on the basis of calendar days.

Credits

Adopted Jan. 16, 2011. Amended May 27, 2019; Aug. 10, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.39-1.00, AR ADC 005.28.39-1.00
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