are being treated, or by medical, psychological, psychiatric, or therapeutic experts chosen or approved by the Board. [Effective February 4, 1971.]

Act 102 of 1973-“An Act To Expand and Improve Educational Opportunities Offered Handicapped Children; and for Other Purposes."

SEC. 1. This Act shall be known as "The Handicapped Children's Act of 1973."

SEC. 2. It shall be the policy of this state to provide and to require school districts to provide, as an integral part of the public schools, special education sufficient to meet the needs and maximize the capabilities of handicapped children. The implementation of this policy, within the time limit provided for elsewhere in this Act, to the end that all handicapped children receive the special education necessary to their proper development is declared to be an integral part of the policy of this state.

SEC. 3. The Department of Education shall provide or cause to be provided by school districts, or in some cases by other departments of state government, institutions, or through private facilities, all regular and special education, corrective and supporting services required by handicapped children to the end that they shall receive the benefits of a free public education appropriate to their needs. It is the intent of this statute to provide that full services shall be available to all handicapped school age children in the state within six (6) years or by the school year 1979-80.

SEC. 4. To the maximum extent practicable, handicapped children shall be educated along with children who do not have handicaps and shall attend regular classes. Impediments of learning and to the normal functioning of handicapped children in the regular school environment shall be overcome, when possible, by the provision of special aids and services rather than by separate schooling for the handicapped.

Separate schooling or other removal of handicapped children from the regular educational environment, shall occur only when, 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.

SEC. 5. Specific eligibility requirements for admission to these special services shall be the responsibility of the State Board of Education, hereinafter referred to as 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. The local public school board or governing board of an approved treatment institution shall be responsible for the initial determination of eligibility, but the final determination, in the event of controversy, shall rest with the Board or its designated representative. Children may be admitted to all such special education services and are discharged therefrom on the recommendation of physicians under whom they are being treated, or by medical, psychological, psychiatric, or therapeutic experts chosen or approved by the Board.

SEC. 10. "Handicapped child" means a natural person bewteen the ages of six (6) and twenty-one (21) years who because of mental, physical, emotional or learning problems requires special education services. If and when the state activates a kindergarten program for five (5) year old children, the ages shall be between five (5) and twenty-one (21) years. This term is to be specifically interpreted to mean but not wholly limited to the 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.

SEC. 11. "Special Education" means classroom, home, hospital or other instruction (excluding instruction provided in state operated schools or institutions for the handicapped) to meet the needs of handicapped children, transportation and corrective and supporting services required to assist handicapped children in taking advantage of, or responding to educational programs and opportunities.

SEC. 19. Every school district shall test and examine, or cause to be tested and examined, each child it believes is handicapped. In the event a parent or

guardian believes a child is handicapped, the school shall test and examine, or cause to be tested and examined the child regardless of the opinion of local school authorities. The tests and examinations shall be administered in accordance with rules and regulations of the Department of Education.

SEC. 20. The requirements of Section 19 shall not apply to children attending private schools on a mandatory basis, but may apply on a voluntary basis. [Effective July 1, 1973.]

Curriculum

Courses of Instruction (ch. 16).

SEC. 80-1601. Course of study-Minimum length of term.-There shall be taught in all of the common or elementary schools of this State such subjects as may be designated by the State Board of Education, or required by law. Provided, nothing in this section shall be construed to prohibit the inclusion of additional subjects in the State Course of study or in any course formulated for a school district and approved by the State Board of Education. All common schools of the State shall be open and free for at least six (6) months each year. [Acts 1931, No. 169, sec. 167, p. 476; Pope's Dig., sec. 11609.]

SEC. 80-1602. School "month" and school "day" defined.-The term "month" as used in this act shall be construed to mean a period including twenty (20) school days, or four (4) weeks of five (5) such days each. A school day shall comprise not less than five (5) hours, exclusive of any intermission at noon. [Acts 1931, No. 169, sec. 166, p. 476; Pope's Dig., sec. 11608.]

SEC. 80-1604. United States flag to be displayed by private schools.-It shall be the duty of the school authorities of every school, public or private, in this state to procure a suitable United States Flag, flag staff, and the necessary appliances therefor, and to require such flag to be displayed, with all proper courtesy, upon, near or in the school buildings during the hours of school session and at such other times as the said school authorities may direct. [Acts 1923, No. 614, sec. 1, p. 497; Pope's Dig., secs. 3599, 11729.]

SEC. 80-1605. Basic language of instruction-Penalty for noncompliance.-The basic language of instruction in the common school branches in all the schools of the State, public and private, shall be the English language only. It shall be the duty of the Commissioner of Education, county superintendent (school supervisor) and city superintendents to see that the provisions of this section are carried out. Any person violating the provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined not to exceed twenty-five ($25.00) dollars, payable into the general school fund of the county. Each day such violation occurs shall be considered a separate offense. [Acts 1931, No. 169, sec. 168, p. 476; Pope's Dig., secs. 3590, 11610.]

SEC. 80-1613. American history to be taught in schools.-From and after taking effect of this act (sections 80-1604, 80-1613-80-1616), the teaching of American history in the primary grades of all the schools, both public and private, of this State shall be compulsory. Such teaching shall commence in the lowest primary grade of each of said schools and shall be continued all through the primary grades; provided that the teaching of the Arkansas history, as now provided by law, may be substituted for American history, in one (1) of the said grades. At least one (1) hour in every scholastic week shall be devoted to such instruction. The instilling into the hearts of the various pupils of an understanding of the United States and of a love of country and of a devotion to the principles of American Government, shall be the primary object of such instruction, which shall avoid, as far as possible, being a mere recital of dates and events. [Acts 1923, No. 614, sec. 2, p. 497; Pope's Dig., sections 3600, 11730.]

SEC. 80-1614. Full year of American history and civics required for graduation from high school-Study of Arkansas history and government.— (a) No person shall be graduated from any high school, public or private, in this State, until he or she shall have satisfactorily completed at least one (1) full year's work in American History and Civics.

(b) From and after the passage of this Act every school in this State shall offer not less than one-half (1/2) of a year's instruction in Arkansas history, and Arkansas state and local government between the fifth and twelfth grades inclusive, provided, that such courses shall not be a prerequisite for graduation. [Acts 1923, No. 614, sec. 3, p. 497; Pope's Dig., sections 3601, 11731; Acts 1957, No. 355, sec. 1, p. 1022; 1959, No. 290, sec. 1, p. 1379.]

SEC. 80-1617. Course of physical training outlined by commissioner of education.-It shall be the duty of the Commissioner of Education, as executive officer of the State Board of Education, to outline a course of physical training for use in the various schools of the State, and for this purpose he shall have the advice and co-operation of the State Board of Health. Said course shall be adapted to the ages, capabilities and state of health of the pupils in the several grades and departments, and shall include exercises, calisthenics, formation drills, instruction in personal and community health and safety, and in preventing and correcting bodily deficiency. Every pupil in the schools of this State, except such as may be excused by reason of bodily defect or physical deficiency, shall be required to take the course of physical training herein provided the time devoted to such course to be as prescribed in the outline prepared by the Commissioner of Education. It shall be the duty of the county and city superintendents of schools, boards of directors, and other school officers to see that the provisions of this section are carried into effect. [Acts 1931, No. 169, sec. 195, p. 476; Pope's Dig., sec. 11637.]

SEC. 80-1637. Driver education and training programs authorized.-School Districts in this State are authorized and encouraged to establish driver education and training programs for students in high school grades. Any school district establishing an approved driver education and training course for high school students of such district and any state supported institution of higher learning offering an approved driver education and training course as a part of a program for the training of teachers of driver education may apply for and shall receive from the State Department of Education the sum of twenty dollars ($20.00) for each high school student completing such course. Any state supported institution of higher learning receiving funds under this Act (sections 80-1637-80-1643) must offer such training to high school students subject to the rules and regulations promulgated by the State Board of Education for accredited driver education courses in the high schools. [Acts 1967, No. 335, sec. 1.]

Textbooks

See COMPULSORY EDUCATION, Ch. 15, sec. 80-1504.

Pupil Transportation

Transportation of School Children (ch. 18).

SEC. 80-1801. Transportation of pupils authorized-Hiring or purchasing vehicles.-The board of directors of all school districts in the State are authorized to purchase vehicles and otherwise provide means for transporting pupils to and from school, when necessary. To this end it may hire or purchase such school wagons, buses, or other vehicles and hire persons to operate them, or make such other arrangements as it may deem best, affording safe and convenient transportation to the pupils, and the board may pay for all such property or services out of the funds of the district. Provided, that any contract with any member of the school board for the transportation of children or to drive a bus, shall be null and void. A bus or other vehicle used in transporting pupils in one district shall not be used to transport pupils in another district without the consent of the county board of education. The buses shall be of such specifications as may be prescribed by uniform rules and regulations of the State Board of Education. [Acts 1931, No. 169, sec. 102, p. 476; Pope's Dig., sec. 11545.]

Records and Reports

School Law-State Board of Education (ch. 1).

SEC. 80-129. Accounts, records, reports, and operations prescribed and supervised by board.-The State Board of Education shall prescribe regulations for the keeping of accounts and records and the making of reports by or under the supervision of school districts. Such accounts and records shall at all times be available for inspection and audit by authorized officials and shall be preserved for such period of time, not in excess of five (5) years, as the State Board of Education may lawfully prescribe. The State Board of Education shall conduct or cause to be conducted such audits, inspections, and administrative reviews of accounts, records, and operations with respect to school lunch programs as may be necessary to determine whether its agreements with school district and regulations made pursuant to this act (sections 80-125-80-131) are being complied with, and to insure that school lunch programs are effectively administered. [Acts 1947, No. 157, sec. 5, p. 364.]

Attendance-Compulsory Education (ch. 15).

SEC. 80-1507. Report of non-attendance by principal-Parents or guardians notified.—If at any time there should be any parent(s) or guardians in any district who are not complying with the provisions of this act, it shall be the duty of the head teacher or principal of the school to report the names of such parents or guardians to the clerk or secretary of the school board and the said clerk or secretary shall immediately give such parents or guardians written notice of the provisions of this act. Within five (5) days after receiving such written notice, said parents or guardians shall place their children or wards in school and otherwise comply with the provisions hereof. [Acts 1931, No. 169, sec. 155, p. 476; Pope's Dig., sections 3581, 11597.]

Teacher Certification

Teachers and Employees (ch. 12).

SEC. 80-1209. License requisite to employment-Registration-Only licensed teachers compensated.-No teacher shall be employed in any common school of the State who is not licensed to teach in the State of Arkansas, by a license issued by the State Board of Education. No license shall be valid in any county until it has been registered in the office of the county superintendent (school supervisor) of that county.

Any person who shall teach in a public school in this State without legal certificate of qualification to teach shall not be entitled to receive for such services any compensation from the school funds. [Acts 1931, No. 169, sec. 164, p. 476; Pope's Dig., sec. 11606.]

Course of Instruction (ch. 16).

SEC. 80-1615. No degree granted without course in American history and civil government.-No college or university, normal school or chartered institution of learning, shall, under the authority of the State of Arkansas, grant to any student any degree unless he shall have passed a course in American history and civil government equivalent to that provided for in section 3 (sec. 80-1614) of this act; provided, that this provision shall not apply to students enrolled in such institution prior to September 1, 1922. [Acts 1923, No. 614, sec. 4, p. 497; Pope's Dig., sections 3602, 11732.]

SEC. 80-1616. Penalty for violations.-Any teacher, official, officer or person violating any of the provisions of this act (sections 80-1604, 80-1613-80-1616) shall be liable to a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or by imprisonment in the county jail for a term of not less than thirty (30) days and not more than six (6) months, or both. A violation of any of the provisions of this act shall be sufficient grounds for the discharge or removal

of the teacher or official or officer violating the same; and in case of a corporation shall be sufficient ground for revoking its charter. The State Superintendent of Public Instruction (Commissioner of Education) is hereby directed to see to the strict carrying out of this law and is authorized to take such steps and measures as may be necessary to effectuate its provisions. [Acts 1923, No. 614, sec. 5, p. 497; Pope's Dig., sections 3603, 11733.]

Compiler's Note: See also HEALTH AND SAFETY, Ch. 12, sec. 80-1210.

Health and Safety

Teachers and Employees (ch. 12).

SEC. 80-1210. Certificate of health-Additional examinations-Date of certificate.-(1) Hereafter all school teachers, school bus drivers, school cafeteria employees, school janitors, and all other school employees within this State shall present a certificate of health stating that said individual is free from any and all forms of contagious or infectious diseases, including tuberculosis. The status of the individual regarding possible tuberculosis infection must be determined by a method prescribed by regulation of the State Board of Health, and reactors must undergo sufficient additional tests prescribed by regulation of the State Board of Health and shall be scheduled for periodic reexamination according to their risk status. Certificate of physical examination may be issued by a regularly licensed physician or regularly constituted health authority, but interpretation of any X-ray films must be made by a competent roentgenologist. The certificate of health shall be presented to the secretary of the school board each year and before a contract shall be entered into between the school board and said applicant, unless the employment of said individual is done in an emergency, in which case, the applicant will be given three (3) months in which to comply with this act, and said certificate of health shall bear date not longer than three months prior to application. [Acts 1931, No. 169, sec. 194, p. 476; Pope's Dig., sections 3597, 11636; Acts 1947, No. 326, sec. 1, p. 730; 1965, No. 455, sec. 1, subsec. 2, p. 1551.].

SEC. 80-1211. Examination of school personnel without charge. It shall be the duty of the Division of Tuberculosis Control of the State Board of Health to examine free of charge all said school personnel for the sole purpose of fulfilling this health certificate requirement, unless said personnel prefers to have this procedure done by a private physician, according to methods prescribed by regulation of the State Board of Health, in which case the expense is to be borne by the individual. [Acts 1931, No. 169, sec. 194, subsection 2, p. 476, as added by Acts 1965, No. 455, sec. 1, subsection 2, p. 1551.]

Act 633 of 1973–“An Act to Amend Section 1 of Act 244 of 1967 (Ark. Stats. Section 80-1548) to Require Children to be Immunized from Rubella as a Condition to Being Admitted to a Public or Private School in this State; and for Other Purposes."

Be it enacted by the General Assembly of the State of Arkansas:

SEC. 1. Section 1 of Act 244 of 1967, the same being Arkansas Statutes Sec. 80-1548, (Immunization requirements for all children admitted to public or private schools,) is hereby amended to read as follows:

"Section 1. No child shall be admitted to a public or private school of this State who has not been immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, and rubella as evidenced by a certificate of a licensed physician, or a public health department, acknowledging same.”

SEC. 2. All laws and parts of laws in conflict with this Act are hereby repealed. [Effective Date: July 24, 1973.]

Federal Aid

School Law-State Board of Education (Ch. 1).

SEC. 80-123. Acceptance of federal aid-Board to represent state-Duties. The General Assembly of Arkansas hereby accepts all federal aid to education

as may be provided by the Congress of the United States. The State Board of Education of Arkansas is hereby designated as the "State educational authority" for the purpose of representing the State in the administration of such funds as may be provided by Congress. It shall be and is hereby empowered to promulgate such regulations as are necessary on the part of the State to meet any and all requirements of the federal government in the distribution of federal aid. It shall provide for the proper auditing and accounting of all federal funds and for making all necessary reports regarding the expenditures of such other functions as may be prescribed by the act providing aid. [Acts 1939, No. 184, sec. 1, p. 442.]

Compiler's Note.-Section 13 of acts 1959, No. 357, the state board of education appropriation act, read: "The State Board of Education is authorized to receive, administer, and expend moneys, provided or which may hereinafter be provided by Federal Acts, that are in addition to moneys authorized in this Act, provided that any such additional Federal allocations do not require state matching by state funds authorized by the General Assembly."

SEC. 80-125. Non-profit school lunch program-Definitions.-For the purpose of this act (Sections 80-125-80-131) the following terms shall be construed to mean respectively: ***

(c) "School Lunch Program” means a program under which lunches are served by any school in this State on a non-profit basis to children in attendance, including any such program under which a school receives assistance out of funds appropriated by the Congress of the United States. [Acts 1947, No. 157, sec. 1, p. 364.]

SEC. 80-126. Expenditure of federal funds.-The State Board of Education is hereby authorized to accept and direct the disbursement of funds appropriated by any act of Congress and apportioned to the State for use in connection with school lunch programs. The State Board of Education shall deposit all such funds received from the Federal Government in a special account and shall make disbursements therefrom direct to school districts upon receipt of proper claims prescribed by the State Board of Education. [Acts 1947, No. 157, sec. 2, p. 364.]

Miscellaneous

Attendance-Compulsory Education (Ch. 15).

SEC. 80-1539. Application for tuition grants from state board of education.-Whenever the school which any such person would normally attend shall be or become racially integrated, the parent, guardian or other person in loco parentis of any such person may make application to the State Board of Education for tuition grants for use in paying the cost of instruction in any other public school, or accredited non-profit non-sectarian private school in this State which is not racially integrated. [Acts 1959, No. 236, sec. 2, p. 1197.]

SEC. 80-1540. Persons entitled to tuition grants.- Any such persons entitled to tuition grants hereunder shall be those whose parents, guardians or other persons in loco parentis of such persons make affidavit, and establish to the satisfaction of the State Board of Education, that the welfare of such person would be best served if such person attended a school other than the racially integrated public school which he normally would attend. [Acts 1959, No. 236, sec. 3, p. 1197.]

Course of Instruction (ch. 16).

SEC. 75-1901. Establishment of program of driver educationPurposes-To whom available.-The Arkansas State Police Commission is hereby authorized to establish a program of driver education for training,

retraining, and testing of motor vehicle drivers and applicants for motor vehicle driver licenses; and in connection therewith the said Commission shall promulgate reasonable rules and regulations, not inconsistent with law, for furthering the driver education program as authorized by this Act. The Driver Education Program, as established by the Arkansas State Police Commission, shall be made available primarily to the various high schools of the State for the purposes as set out by this Act and secondary for adults and non-school participants for the same purposes.

SEC. 75-1902. Fees for driver education course-Exemption-Disposition. The Arkansas State Police Commission is hereby authorized to charge a fee of five dollars ($5.00) for any student of an (1) accredited high school; *** Provided, however, the Arkansas State Police Commission shall, upon determination that student or qualified prospective student of the Driver Education course is unable to pay the fee as authorized by this Section, waive the fee, as it is the purpose and intent of this Act to provide driver education for the citizens of Arkansas.

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Education (art. IX).

SEC. 8 Sectarian schools; public money; doctrines. -No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this State.

Revenue and taxation (art. XIII)

SEC. 21. Appropriations; private institutions; exceptions.-No money shall be drawn from the Treasury but in consequence of appropriation made by law, and upon warrants duly drawn thereon by the Controller. No money shall ever be appropriated or drawn from the State Treasury for the purpose or benefit of any corporation, association, asylum, hospital, or any other institution not under the exclusive management and control of the State as a state institution, nor shall any grant or donation of property ever be made thereto by the State, except that notwithstanding anything contained in this or any other section of the Constitution:

SEC. 24. Public aid for sectarian purposes prohibited.-Neither the Legislature, nor any county, city and county, township, school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any city, city and county, town, or other municipal corporation for any religious creed, church, or sectarian purpose whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to Section 21 of this article. [Former sec. 30 of art. IV as renumbered and amended Nov. 8, 1966.]

SEC. 25. Lending public credit; gifts; stock in corporations.-The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municpal or other corporation whatever; provided, that nothing in this section shall prevent the Ligislature granting aid pursuant to Section 21 of this article:*

.***

Tax Exemptions For Nonpublic Schools

Revenue and Taxation (art. XIII).

SEC. 1c. Exemption of property used for religious, hospital, or charitable purposes; buildings under construction.-In addition to such exemptions as are now provided in this Constitution, the Legislature may exempt from taxation all or any portion of property used exclusively for religious, hospital or charitable purposes and owned by community chests, funds, foundations or corporations organized and operated for religious, hospital or charitable purposes, not conducted for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual. As used in this section, "property used exclusively for religious, hospital or charitable purposes" shall include a building and its equipment in the course of construction on or after the first Monday of March, 1954, together with the land on which it is located as may be required for the use and occupation of the building, to be used exclusively for religious, hospital or charitable purposes. [As amended Nov. 2, 1954.]

SEC. 1-1/2. Exemption of church property; church buildings under construction; parking lots.-All buildings and equipment, and so much of the real property on which they are situated as may be required for the convenient use and occupation of said buildings, when the same are used solely and exclusively for religious worship, and any building and its equipment in the course of erection, together with the land on which it is located as may be required for the convenient use and occupation of the building, if such building, equipment and land are intended to be used solely and exclusively for religious worship, and, until the Legislature shall otherwise provide by law, that real property owned by the owner of the building which the owner is required by law to make available for, and which is necessarily and reasonably required and exclusively used for the parking of the automobiles of persons while attending or engaged in religious worship in said building whether or not said real property is contiguous to land on which said building is located, and which real property has not been rented or used for any commercial purpose at any other time during the preceding year, shall be free from taxation; provided, that no building so used or, if in the course of erection, intended to be so used, its equipment or the land on which it is located, which may be rented for religious purposes and rent received by the owner therefor, shall be exempt from taxation. [As amended Nov. 6, 1957.]

Miscellaneous

Education (art. IX).

SEC. 1. Legislative policy.-A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.