In addition to the definitions provided in 6 CAR § 130-201 et seq., the following definitions apply specifically to this subpart:

1. (1) “Juvenile” means a person who is eighteen (18) years old or younger;

2. (2)

   1. (A) “Juvenile detention facility” means any facility operated by a political subdivision of the state for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent and awaiting disposition, who require secure custody in a physically restricting facility.
   2. (B) Under Arkansas Code § 9-27-330(a)(11), such facility shall afford opportunities for education, recreation, and other rehabilitative services to adjudicated delinquents who may be ordered by the court to remain in the juvenile detention facility for an indeterminate period not to exceed ninety (90) days;

3. (3)

   1. (A) “Residential placement in state” means one (1) of the following licensed facilities that has a special education component approved by the Special Education Unit of the Division of Elementary and Secondary Education on an annual basis:

      1. (i) Inpatient psychiatric treatment facilities licensed by the Department of Human Services;
      2. (ii) Alcohol and drug treatment facilities licensed by the Department of Human Services;
      3. (iii) Easterseals Arkansas;
      4. (iv) Arkansas State Hospital;
      5. (v) Facilities licensed as Intermediate Care Facilities for Individuals with Intellectual Disabilities by the Department of Human Services;
      6. (vi) Residential facilities licensed as sexual rehabilitation programs for children by the Department of Human Services; and
      7. (vii) Psychiatric hospitals licensed by the Department of Health.

   2. (B) Such placement does not include the:

      1. (i) Arkansas School for the Deaf and Blind; or
      2. (ii) Arkansas School for Mathematics, Sciences, and the Arts;

4. (4) “Residential placement out of state” means:

   1. (A) For a student with disabilities, a facility outside the State of Arkansas that has a special education component approved by the Special Education Unit of the Division of Elementary and Secondary Education on an annual basis that is operating under the appropriate licensure of the state in which it is located; and

   2. (B) For a student without disabilities, a facility in a state that borders Arkansas that is:

      1. (i) Operating under the appropriate licensure of the state in which it is located; and
      2. (ii) Approved by the Special Education Unit of the Division of Elementary and Secondary Education;
5. (5) “Student with disabilities” means a student age three (3) to twenty-one (21) who qualifies as disabled under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and Arkansas Code § 6-41-202 et seq.; and
6. (6) “Student without disabilities” means a student who has not been identified as disabled in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and Arkansas Code § 6-41-202 et seq., including any student not previously enrolled in an Arkansas public school but who meets the residency requirements of Arkansas Code § 6-18-202 upon entering the residential facility and enrolls in the resident district.