1. (a)

   1. (1) The ABC Program serves eligible children as defined in subsection (c) of this section, ages birth through five (5) years, excluding a kindergarten program.
   2. (2) The Arkansas Better Chance for School Success Program serves children ages three through four (3 – 4) from families with gross income not exceeding two hundred percent (200%) of the FPL.
   3. (3) Programs wishing to enroll a kindergarten-eligible child must obtain a written waiver from the Office of Early Childhood before enrolling the child in the ABC Program.
   4. (4) Parents must also complete a kindergarten waiver process through the local school district.

2. (b)

   1. (1) To be eligible, children shall reside within the boundaries of an Arkansas school district.

   2. (2) Programs may accept children outside of their local area if they have:

      1. (A) Exhausted local recruiting efforts; and
      2. (B) Unfilled ABC Program slots.

3. (c) Eligible children for the ABC Program shall have at least one (1) of the following characteristics:

   1. (1) Family with gross income not exceeding two hundred percent (200%) of the FPL;
   2. (2) Parents without a high school diploma or GED;
   3. (3) Low birth weight (below five pounds, nine ounces (5 lbs. 9 ozs.);
   4. (4) Parent is under eighteen (18) years of age at child’s birth;
   5. (5) Immediate family member has a history of substance abuse and/or addiction;
   6. (6) Has a demonstrable developmental delay as identified through screening;
   7. (7) Eligible for services under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.;
   8. (8) Income-eligible for Title I programs;
   9. (9) Limited English proficiency; or
   10. (10) Parent has history of abuse or neglect or is a victim of abuse or neglect.

4. (d)

   1. (1) Eligible children for the ABCSS Program must meet the following qualifications:

      1. (A) Must be three (3) or four (4) years old by the Department of Education cutoff date;
      2. (B) Gross family income equal to or less than two hundred percent (200%) of the FPL; and
      3. (C) A program is available in the area where the child resides and there is available space for the child to attend.
   2. (2) To receive early childhood special education services, a child must reside within certain district and, or, or, educational service cooperative boundary lines.
   3. (3) A child eligible for special education services shall be provided services by the local school district or area education service cooperative where the child resides.
   4. (4) A child eligible for special education services participating in a program outside the resident district or education service cooperative area shall be provided services by the district or education service cooperative where the child resides.

5. (e)

   1. (1) To enroll an eligible child, the child’s parent or guardian shall furnish documentation of eligibility and other required information, including household income and household member information.
   2. (2) A list of all acceptable documentation will be published annually by the Division of Elementary and Secondary Education.
   3. (3) Children of parents or guardians refusing to furnish required information shall be deemed ineligible for participation.

   4. (4) Programs:

      1. (A) Are responsible for verifying eligibility before the child attends; and
      2. (B) Shall maintain copies of eligibility documentation in the child’s record.

6. (f)

   1. (1) A copy of the child’s birth certificate or hospital record listing a date of birth is required.
   2. (2) If official documentation of date of birth is unavailable, the ABC Program shall follow the guidelines of the local district in such instances.

7. (g)

   1. (1) In determining income eligibility, programs shall use:

      1. (A) A family’s gross income from employment; plus
      2. (B) Any unemployment compensation.
   2. (2) Documentation of income eligibility must be present in each child’s record.
   3. (3) If pay stubs are used to document eligibility, recent documents (dated within thirty (30) days) shall be used.
   4. (4) The division shall publish a list of acceptable documentation annually.
   5. (5) If a three-year-old child has been qualified for the ABCSS Program, that child shall remain eligible for two (2) years.
8. (h) Families claiming no earned income (full-time students or unemployed) shall produce a signed and notarized statement to that effect, which shall be maintained in the child’s record.
9. (i) Parents or guardians shown to have submitted a falsified document shall be subject to repayment of funds to the division and referral for prosecution.
10. (j) Agencies shown to have enrolled ineligible children or children with no documentation of eligibility shall be required to repay the funds expended on behalf of the child to the division.

11. (k) An age-eligible child who falls into one (1) of the following categories shall be exempt from family income requirements:

    1. (1) Foster child;
    2. (2) Child with an incarcerated parent;
    3. (3) Child in the custody of and, or, or living with a family member other than mother or father;
    4. (4) Child with an immediate family member arrested for or convicted of drug-related offenses; or
    5. (5) Child with a parent activated for overseas military duty.

12. (l)

    1. (1) The division may develop a fee schedule and establish eligibility based on family income for children who are not eligible under subsection (d) of this section, but priority enrollment shall be provided to children eligible under subsection (d) of this section.
    2. (2) Families who are qualified for enrollment under a sliding fee scale should pay fees directly to the program.
    3. (3) The amount of any parent copay as determined by the division shall be deducted from the reimbursement to programs accepting children on a sliding fee scale.

13. (m)

    1. (1) The division may grant waivers to children not meeting the eligibility criteria under subsections (c) or (d) of this section but possessing multiple risk factors for learning and developmental impairment.

    2. (2) Requests for such waivers:

       1. (A) Must be submitted to the division in writing; and
       2. (B) Will be considered on a case-by-case basis.

14. (n)

    1. (1) Children having certain risk factors may be eligible for home-visiting services in addition to attending a center-based ABC Program.
    2. (2) See 6 CAR § 100-216(f) for eligibility requirements.
15. (o) Eligible children shall not be denied enrollment into an available ABC Program or dismissed from an ABC Program due to nonpayment of any fees associated with another childcare program.

Codification Notes: “GED” refers to General Educational Development.