Text of AR SB 211 (2011)

Stricken language will be deleted and underlined language will be added. *LEB024* 02-01-2011 14:47:09 LEB024 State of Arkansas 1 88th General Assembly A Bill 2 Regular Session, 2011 SENATE BILL 211 3 4 By: Joint Budget Committee 5 6 For An Act To Be Entitled 7 AN ACT TO MAKE AN APPROPRIATION FOR GRANTS AND 8 AID TO LOCAL SCHOOL DISTRICTS AND SPECIAL 9 PROGRAMS FOR THE DEPARTMENT OF EDUCATION FOR THE 10 FISCAL YEAR ENDING JUNE 30, 2012; AND FOR OTHER 11 PURPOSES. 12 13 14 Subtitle 15 AN ACT FOR THE DEPARTMENT OF EDUCATION - 16 GRANTS AND AID TO LOCAL SCHOOL DISTRICTS 17 APPROPRIATION FOR THE 2011-2012 FISCAL 18 YEAR. 19 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. APPROPRIATION. There is hereby appropriated, to the 24 Department of Education, to be payable from the Department of Education 25 Public School Fund Account, for grants and aid to local school districts and 26 special programs of the Department of Education for the fiscal year ending 27 June 30, 2012, the following: 28 29 ITEM FISCAL YEAR 30 NO. 2011-2012 31 (01) 98% URT ACTUAL COLLECTION ADJUSTMENT $34,500,000 32 (02) ADDITIONAL PUBLIC SCHOOL EMPLOYEE 33 HEALTH INSURANCE 15,000,000 34 (03) ADVANCED PLACEMENT INCENTIVE 825,000 35 (04) ALTERNATIVE LEARNING 21,149,603 36 SB211 2 02-01-2011 14:47:09 LEB024 (05) ALTERNATIVE PAY 807,907 1 (06) ARKANSAS EASTER SEALS 193,113 2 (07) ASSESSMENT/END OF COURSE TESTING 24,409,349 3 (08) AT RISK 1,688,530 4 (09) BETTER CHANCE PROGRAM 111,000,000 5 (10) BONDED DEBT ASSISTANCE 28,455,384 6 (11) CONSOLIDATION INCENTIVE 9,415,127 7 (12) CONTENT STANDARDS 161,000 8 (13) CONTENTS STANDARDS CURRICULUM 9 FRAMEWORKS 50,000 10 (14) COOP EDUCATION TECH CENTERS 1,200,000 11 (15) COORDINATED SCHOOL HEALTH 2,000,000 12 (16) COURT ORDERED DESEGREGATION 69,814,372 13 (17) CRIMINAL BACKGROUND CHECKS 25,000 14 (18) DECLINING ENROLLMENT 13,963,389 15 (19) DEPARTMENT OF CORRECTION 5,881,973 16 (20) DISTANCE LEARNING 4,760,000 17 (21) DISTANCE LEARNING OPERATIONS 7,575,000 18 (22) DISTRESSED SCHOOL DISTRICT SUPPORT 50,000 19 (23) EARLY CHILDHOOD SPECIAL EDUCATION 16,248,000 20 (24) ECONOMIC EDUCATION 350,000 21 (25) EDUCATION SERVICE COOPERATIVES 6,129,270 22 (26) ENGLISH LANGUAGE LEARNERS 11,115,341 23 (27) GENERAL FACILITIES FUNDING 8,100,000 24 (28) GIFTED & TALENTED 1,085,381 25 (29) GRANTS TO SCHOOL DISTRICTS 67,856 26 (30) HOME SCHOOL TESTING 250,000 27 (31) HUMAN DEVELOPMENT CENTER EDUCATION 28 AID 526,150 29 (32) INTERVENTION BLOCK GRANTS 302,000 30 (33) ISOLATED FUNDING 7,896,000 31 (34) LEADERSHIP ACADEMY-MASTER PRINCIPAL 500,000 32 (35) MASTER PRINCIPAL BONUS 90,000 33 (36) NATIONAL BOARD OF PROF TEACHING 34 STANDARDS 10,516,160 35 (37) NATIONAL SCHOOL LUNCH 178,897,567 36 SB211 3 02-01-2011 14:47:09 LEB024 (38) NON-TRADITIONAL LICENSURE 50,000 1 (39) PROFESSIONAL DEVELOPMENT FUNDING 23,709,798 2 (40) PUBLIC SCHOOL EMPLOYEE INSURANCE 37,273,600 3 (41) RESIDENTIAL CENTERS/JUVENILE 4 DETENTION 16,115,234 5 (42) SCHOOL FACILITY JOINT USE SUPPORT 500,000 6 (43) SCHOOL FOOD SERVICES 1,650,000 7 (44) SCHOOL FOOD-LEGISLATIVE AUDIT 75,000 8 (45) SCHOOL FUNDING CONTINGENCY 25,000,000 9 (46) SCHOOL WORKER DEFENSE 390,000 10 (47) SERIOUS OFFENDER 1,683,067 11 (48) SMART START/SMART STEP 10,666,303 12 (49) SPECIAL EDUCATION SERVICES 4,145,285 13 (50) SPECIAL EDUCATION-CATASTROPHIC 11,000,000 14 (51) SPECIAL NEEDS ISOLATED FUNDING 3,000,000 15 (52) STATE FOUNDATION FUNDING 1,858,834,526 16 (53) STATE FOUNDATION FUNDING-ENHANCED 17 TRANSPORTATION DISTRIBUTION 2,731,050 18 (54) STUDENT GROWTH 28,500,000 19 (55) SUPPLEMENTAL MILLAGE 10,000,000 20 (56) SURPLUS COMMODITIES 780,000 21 (57) TEACHER LICENSING/MENTORING 5,008,758 22 (58) TEACHER OF THE YEAR 100,000 23 (59) TEACHER RECRUITMENT 2,100,000 24 (60) TEACHER RETIREMENT MATCHING 6,655,000 25 (61) TECHNOLOGY GRANTS 3,602,678 26 (62) TECHNOLOGY IMPROVEMENTS 500,000 27 (63) WORKER'S COMPENSATION 450,000 28 (64) YOUTH SHELTERS 165,000 29 TOTAL AMOUNT APPROPRIATED $2,649,683,771 30 31 SECTION 2. REGULAR SALARIES - ARKANSAS PUBLIC SCHOOL COMPUTER NETWORK. 32 There is hereby established for the Department of Education - Arkansas Public 33 School Computer Network for the 2011-2012 fiscal year, the following maximum 34 number of regular employees. 35 36 SB211 4 02-01-2011 14:47:09 LEB024 Maximum Annual 1 Maximum Salary Rate 2 Item Class No. of Fiscal Year 3 No. Code Title Employees 2011-2012 4 (1) N047N ADE APSCN DIRECTOR 1 GRADE N908 5 (2) G012C ADE ASSISTANT TO COMMISSIONER 2 GRADE C129 6 (3) G050C ADE APSCN DIVISION MANAGER 2 GRADE C126 7 (4) D037C ADE APSCN APPLICATIONS MANAGER 5 GRADE C124 8 (5) D038C SENIOR SOFTWARE SUPPORT ANALYST 2 GRADE C123 9 (6) D050C SECURITY ANALYST 1 GRADE C122 10 (7) D044C SYSTEMS ANALYST 1 GRADE C122 11 (8) D055C ADE APSCN FIELD ANALYST 25 GRADE C121 12 (9) C020C STUDENT APPLICATIONS SPECIALIST 5 GRADE C116 13 (10) A091C FISCAL SUPPORT ANALYST 1 GRADE C115 14 (11) D077C HELP DESK SPECIALIST 2 GRADE C115 15 (12) C056C ADMINISTRATIVE SPECIALIST III 1 GRADE C112 16 (13) C087C ADMINISTRATIVE SPECIALIST I 1 GRADE C106 17 MAX. NO. OF EMPLOYEES 49 18 19 SECTION 3. APPROPRIATION - ARKANSAS PUBLIC SCHOOL COMPUTER NETWORK. 20 There is hereby appropriated, to the Department of Education, to be payable 21 from the Department of Education Public School Fund Account, for personal 22 services and operating expenses of the Department of Education - Arkansas 23 Public School Computer Network for the fiscal year ending June 30, 2012, the 24 following: 25 26 ITEM FISCAL YEAR 27 NO. 2011-2012 28 (01) REGULAR SALARIES $2,428,468 29 (02) PERSONAL SERVICES MATCHING 765,180 30 (03) MAINT. & GEN. OPERATION 31 (A) OPER. EXPENSE 19,870,313 32 (B) CONF. & TRAVEL 7,250 33 (C) PROF. FEES 0 34 (D) CAP. OUTLAY 200,000 35 (E) DATA PROC. 0 36 SB211 5 02-01-2011 14:47:09 LEB024 (04) DATA ACCESS IMPLEMENTATION 300,000 1 TOTAL AMOUNT APPROPRIATED $23,571,211 2 3 SECTION 4. REGULAR SALARIES - OFFICE OF EDUCATION RENEWAL ZONES. There 4 is hereby established for the Department of Education - Office of Education 5 Renewal Zones for the 2011-2012 fiscal year, the following maximum number of 6 regular employees. 7 8 Maximum Annual 9 Maximum Salary Rate 10 Item Class No. of Fiscal Year 11 No. Code Title Employees 2011-2012 12 (1) E007C ADE OERZ DIRECTOR 1 GRADE C126 13 (2) E020C ADE OERZ TECHNICAL ASSIST SPECIALIS 3 GRADE C122 14 (3) C056C ADMINISTRATIVE SPECIALIST III 1 GRADE C112 15 MAX. NO. OF EMPLOYEES 5 16 17 SECTION 5. APPROPRIATION - OFFICE OF EDUCATION RENEWAL ZONES. There is 18 hereby appropriated, to the Department of Education, to be payable from the 19 Department of Education Public School Fund Account, for personal services, 20 operating expenses and grants by the Department of Education - Office of 21 Education Renewal Zones for the fiscal year ending June 30, 2012, the 22 following: 23 24 ITEM FISCAL YEAR 25 NO. 2011-2012 26 (01) REGULAR SALARIES $258,773 27 (02) PERSONAL SERVICES MATCHING 80,662 28 (03) MAINT. & GEN. OPERATION 29 (A) OPER. EXPENSE 91,800 30 (B) CONF. & TRAVEL 13,000 31 (C) PROF. FEES 306,900 32 (D) CAP. OUTLAY 0 33 (E) DATA PROC. 0 34 (04) EDUCATIONAL RENEWAL ZONE GRANTS 700,000 35 TOTAL AMOUNT APPROPRIATED $1,451,135 36 SB211 6 02-01-2011 14:47:09 LEB024 1 SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 2 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. FUND 3 ALLOCATION. The appropriation for the Isolated Funding line item in Section 1 4 of this Act may be fully funded. Any funding and appropriation for Isolated 5 Funding that is not utilized shall be transferred to the appropriation for 6 Special Needs Isolated Funding in Section 1 of this Act and shall be used 7 there for fully funding each subsection (c) through (f) of Arkansas Code 8 §6-20-604 on a pro rata basis until the available funds are exhausted. Pro 9 rata basis is defined as providing each district qualifying for additional 10 funding under subsections (c) through (f) a proportionate share based on how 11 each district's additional funding amount bears to the total additional 12 funding amounts for all qualifying districts. If any funding and 13 appropriation remains after funding each subsection (c) through (f) of 14 Arkansas Code §6-20-604 the remaining balance shall be used to fund the 15 provisions of Arkansas Code §6-20-604 (h) on an equal basis until the 16 available funds are exhausted. 17 The provisions of this section shall be in effect only from July 1, 18 2010 2011 through June 30, 2011 2012. 19 20 SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 21 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. GRANTS TO 22 SCHOOL DISTRICTS. For the purposes of distributing the Grants To School 23 Districts appropriation in Section 1 of this Act, "school district" means a 24 school district which contracts with a school district in an adjoining state 25 for the education of some of the pupils within the Arkansas school district 26 because the portion of the school district wherein such pupils live is 27 completely separated from the remainder of the school district by a reservoir 28 covering at least 12,000 acres at normal water level, and where to attend 29 school in their own district, the pupils of said portion would be required to 30 travel or to be transported a distance (measured by the nearest highway or 31 road route) of more than 35 miles round trip and pass through another school 32 district or districts. The Department of Education shall distribute the 33 monies appropriated for Grants to School Districts in Section 1 of this Act 34 to such school districts as reimbursement for expenses incurred in educating 35 the pupils residing in the separated portion of the school district. The 36 SB211 7 02-01-2011 14:47:09 LEB024 payments are to be limited to the amount of available appropriation. Such 1 school districts shall file a request for reimbursement with the Department 2 of Education and provide the Department of Education with such documentation 3 as is deemed necessary. 4 The provisions of this section shall be in effect only from July 1, 5 2010 2011 through June 30, 2011 2012. 6 7 SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 8 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. SPECIAL 9 EDUCATION SERVICES. The funds appropriated in the line item "Special 10 Education Services" in Section 1 of this Act shall be used to provide 11 extended year summer programs for handicapped students in need of such 12 services, to provide special education services to foster children who are 13 wards of the State, and to provide funds for the payment of salaries of 14 special education supervisors. The Department of Education shall distribute 15 such funds in the manner necessary to carry out the intent of this Section. 16 The provisions of this section shall be in effect only from July 1, 17 2010 2011 through June 30, 2011 2012. 18 19 SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 20 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 21 DESEGREGATION EXPENSES. (A) For the fiscal year ending June 30, and for each 22 fiscal year thereafter, the Department of Education shall from time to time 23 as needed, certify to the State Treasurer and the Chief Fiscal Officer of the 24 State, the amount of funds disbursed or approved to be disbursed by the 25 Department of Education for desegregation expenses under any "Desegregation 26 Settlement Agreement". Upon the receipt of such certification, the State 27 Treasurer, after making those deductions as set out in Arkansas Code 19-5- 28 202(b)(2)(B), shall also deduct from the net general revenues the amount 29 certified and transfer this amount to the Department of Education Public 30 School Fund Account there to be used exclusively for payment of or 31 reimbursement for expenses incurred from the Department of Education Public 32 School Fund Account under any "Desegregation Settlement Agreement". 33 34 SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 35 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 36 SB211 8 02-01-2011 14:47:09 LEB024 CONSOLIDATION INCENTIVE. The appropriation contained herein for Consolidation 1 Incentive shall be allocated in accordance with rules and regulations 2 established by the State Board of Education. 3 The provisions of this section shall be in effect only from July 1, 4 2010 2011 through June 30, 2011 2012. 5 6 SECTION 11. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 7 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 8 RESIDENTIAL CENTERS/JUVENILE DETENTION. The funds appropriated herein for 9 Residential Centers/Juvenile Detention shall be allocated in accordance with 10 rules and regulations established by the State Board of Education. 11 The provisions of this section shall be in effect only from July 1, 12 2010 2011 through June 30, 2011 2012. 13 14 SECTION 12. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 15 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER 16 AUTHORITY. The Commissioner of the Department of Education, with the approval 17 of the Chief Fiscal Officer of the State and after approval by the Arkansas 18 Legislative Council or Joint Budget Committee, is hereby authorized to 19 request necessary appropriation transfers and any other budget related 20 adjustments necessary within the Department of Education. Provided, however, 21 that the Department of Education shall be limited to submitting no more than 22 two transfer requests during any fiscal year. 23 Determining the maximum number of employees and the maximum amount of 24 appropriation and general revenue funding for a state agency each fiscal year 25 is the prerogative of the General Assembly. This is usually accomplished by 26 delineating such maximums in the appropriation act(s) for a state agency and 27 the general revenue allocations authorized for each fund and fund account by 28 amendment to the Revenue Stabilization law. Further, the General Assembly 29 has determined that the Department of Education may operate more efficiently 30 if some flexibility is provided to the Commissioner of the Department of 31 Education authorizing broad powers under the Transfer Authority provision 32 herein. Therefore, it is both necessary and appropriate that the General 33 Assembly maintain oversight by requiring prior approval of the Legislative 34 Council or Joint Budget Committee as provided by this section. The 35 requirement of approval by the Legislative Council or Joint Budget Committee 36 SB211 9 02-01-2011 14:47:09 LEB024 is not a severable part of this section. If the requirement of approval by 1 the Legislative Council or Joint Budget Committee is ruled unconstitutional 2 by a court jurisdiction, this entire section is void. 3 The provisions of this section shall be in effect only from July 1, 4 2010 2011 through June 30, 2011 2012. 5 6 SECTION 13. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 7 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. AETN 8 DOCUMENTED QUIZ BOWL COSTS. Of the total amount of appropriation and funds 9 authorized herein to the Department of Education - for the Quiz Bowl each 10 fiscal year, an amount not to exceed forty thousand dollars ($40,000) each 11 fiscal year may be made available to the Department of Education - 12 Educational Television Division for its documented costs associated with the 13 Quiz Bowl. 14 The provisions of this section shall be in effect only from July 1, 15 2010 2011 through June 30, 2011 2012. 16 17 SECTION 14. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 18 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 19 INTERVENTION BLOCK GRANTS FUNDING RESTRICTION. The Department of Education 20 shall make available from the Intervention Block Grants appropriation 21 authorized by this Act, one hundred thousand dollars ($100,000) each fiscal 22 year for the annual expenses of the Quiz Bowl, thirteen thousand five hundred 23 dollars ($13,500) each fiscal year for Creativity in Arkansas, Inc. for 24 grants up to $1,000 each for students and chaperones, thirteen thousand five 25 hundred dollars ($13,500) each fiscal year for Destination Imagination, and 26 one hundred thousand dollars ($100,000) each fiscal year for the State 27 History Day Competition, and seventy-five thousand dollars ($75,000) each 28 fiscal year for a grant to the Arkansas Science Fair Association for grants 29 to regional and the state science fairs. The Department of Education shall 30 allocate General Revenue funding totaling no less than two hundred twenty- 31 seven thousand dollars ($227,000) three hundred two thousand dollars 32 ($302,000) each fiscal year from the Department of Education Public School 33 Fund Account to support the annual expenses of the Quiz Bowl, the Creativity 34 in Arkansas, Inc. for grants up to $1,000 each for students and chaperones, 35 Destination Imagination, and the State History Day Competition, and the 36 SB211 10 02-01-2011 14:47:09 LEB024 Arkansas Science Fair Association for grants to regional and state science 1 fairs. The Department shall either expend or have committed for expenditure 2 the monies allocated for the Quiz Bowl, Creativity in Arkansas, Inc., 3 Destination Imagination, and the State History Day Competition, and Arkansas 4 Science Fair Association grants as authorized herein in order to fulfill the 5 provisions of this section. 6 The provisions of this section shall be in effect only from July 1, 7 2010 2011 through June 30, 2011 2012. 8 9 SECTION 15. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CODE 10 NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. EAST FUNDING 11 PROVISION. Of the total amount appropriated for Technology Grants each fiscal 12 year, an amount of not less than one million dollars ($1,000,000) or eighteen 13 percent (18%), whichever is greater each fiscal year, shall be awarded 14 through a grant or professional services contract for EAST infrastructure, 15 personnel, and operating expenses. The EAST infrastructure grant or contract 16 for personal services and operating expenses shall be awarded to an entity 17 that has personnel or experience, or both, in implementing the EAST 18 Initiative. 19 The provisions of this section shall be in effect only from July 1, 20 2010 2011 through June 30, 2011 2012. 21 22 SECTION 16. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 23 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. CENTER 24 FOR QUALITY TEACHING AND LEARNING FUNDING PROVISION. Of the total 25 appropriation authorized by this Act for Technology Grants the Department of 26 Education shall make available one hundred eighty-seven thousand five hundred 27 seventy-five dollars ($187,575) each fiscal year for Center for Quality 28 Teaching and Learning initiatives to teach students computer repair in a 29 hands-on environment. The Department of Education shall allocate General 30 Revenue funding totaling no less than one hundred eighty-seven thousand five 31 hundred seventy-five dollars ($187,575) each fiscal year from the Department 32 of Education Public School Fund Account to support the Center for Quality 33 Teaching and Learning. The Department shall either expend or have committed 34 for expenditure the monies allocated for the Center for Quality Teaching and 35 Learning in order to fulfill the provisions of this section. 36 SB211 11 02-01-2011 14:47:09 LEB024 The provisions of this section shall be in effect only from July 1, 1 2010 2011 through June 30, 2011 2012. 2 3 SECTION 17. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 4 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 5 DISTRESSED SCHOOL DISTRICT SUPPORT. The funds appropriated in the line item 6 "Distressed School District Support" in Section 1 of this Act may be used for 7 technical assistance offered by the Department of Education to school 8 districts in academic distress that can include, but is not limited to, 9 teacher specialists, principal specialists, and other personnel assigned by 10 the department. These funds may also be used for alternative research-based 11 technical assistance or programs. Criteria for selecting and approving 12 alternative research-based technical assistance or programs are to be 13 promulgated as a rule by the State Board of Education, provided that 14 alternative staffing and/or compensation programs for teachers shall be 15 approved by at least a majority of the teachers in the school, schools, or 16 school district participating in the program. 17 The provisions of this section shall be in effect only from July 1, 18 2010 2011 through June 30, 2011 2012. 19 20 SECTION 18. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 21 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 22 PROFESSIONAL DEVELOPMENT. Of the total amount appropriated for Professional 23 Development Funding, four million dollars ($4,000,000) may be authorized by 24 the Commissioner of the Department of Education to be used by the Department 25 of Education to develop and implement statewide professional development 26 support systems for teachers that will benefit student achievement. 27 The provisions of this section shall be in effect only from July 1, 28 2010 2011 through June 30, 2011 2012. 29 30 SECTION 19. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 31 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 32 RETIREMENT MATCHING. Beginning with the 1996-97 school year, Local School 33 Districts shall pay the teacher retirement employer contribution rate for any 34 eligible employee in accordance with rules and regulations established by the 35 Teacher Retirement Board of Directors. The appropriation contained herein for 36 SB211 12 02-01-2011 14:47:09 LEB024 Teacher Retirement Matching each fiscal year shall be used to provide the 1 employer matching for employees of the Cooperative Education Services Areas, 2 Vocational Centers, Arkansas Easter Seals and the school operated by the 3 Department of Correction. 4 The provisions of this section shall be in effect only from July 1, 5 2010 2011 through June 30, 2011 2012. 6 7 SECTION 20. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 8 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. OPEN- 9 ENROLLMENT VIRTUAL CHARTER SCHOOL FUNDING RESTRICTIONS. 10 (a) Regardless of any provision of any law to the contrary, no 11 internet, long-distance or virtual technology open-enrollment charter school 12 shall receive state funding for more than five hundred (500) students. 13 (b) Regardless of any provision of law to the contrary, no school 14 district shall receive state funding for the 2010-2011 2011-2012 school year 15 for those students who are included in the district’s average daily 16 membership for the previous school year but who are attending any open- 17 enrollment charter school that uses internet, long-distance, or virtual 18 technology as the primary method of teaching. 19 The provisions of this section shall be in effect only from July 1, 20 2010 2011 through June 30, 2011 2012. 21 22 SECTION 21. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 23 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. BETTER 24 CHANCE PROGRAM ADMINISTRATIVE FEES. The Department of Education is hereby 25 authorized to expend a maximum of two percent (2%) of available funds for 26 administration of the Better Chance Program. Up to 1.8% of available funds 27 shall be used to administer the program and to monitor program grantees to 28 ensure compliance with programmatic standards. Prior to the utilization of 29 the remaining 0.2% of available funds, the Department of Education shall seek 30 prior review and approval of the Arkansas Legislative Council or Joint Budget 31 Committee by providing a written request to include the following: a) the 32 Department's reason(s) for the use of the funds and b) the amount of funds 33 that will be expended. The Department may contract with the Division of Child 34 Care and Early Childhood Education to administer the program. 35 Determining the maximum number of employees and the maximum amount of 36 SB211 13 02-01-2011 14:47:09 LEB024 appropriation and general revenue funding for a state agency each fiscal year 1 is the prerogative of the General Assembly. This is usually accomplished by 2 delineating such maximums in the appropriation act(s) for a state agency and 3 the general revenue allocations authorized for each fund and fund account by 4 amendment to the Revenue Stabilization law. Therefore, it is both necessary 5 and appropriate that the General Assembly maintain oversight by requiring 6 prior approval of the Legislative Council or Joint Budget Committee as 7 provided by this section. The requirement of approval by the Legislative 8 Council or Joint Budget Committee is not a severable part of this section. 9 If the requirement of approval by the Legislative Council or Joint Budget 10 Committee is ruled unconstitutional by a court of competent jurisdiction, 11 this entire section is void. 12 The provisions of this section shall be in effect only from July 1, 13 2010 2011 through June 30, 2011 2012. 14 15 SECTION 22. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 16 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. AVERAGE 17 TEACHER SALARY. The Arkansas Department of Education is requested to 18 calculate Average Teacher Salary in the Department's Annual Statistical 19 Report to not include extra duty funds. Specifically, the Department is 20 requested to calculate the Average Teacher Salary amount using the National 21 Education Association definitions for Average Salary for Classroom Teachers. 22 The Arkansas Department of Education shall submit this data annually to the 23 National Education Association in accordance with that organization's 24 deadlines for submission for their report "Rankings and Estimates" which 25 includes state-by-state teacher salary comparisons. 26 27 SECTION 23. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 28 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. CARRY 29 FORWARD. Any unexpended balance of monies allocated for the Arkansas Better 30 Chance for School Success Program remaining on June 30, 2011 2012, in the 31 Department of Education Public School Fund Account shall be designated and 32 retained for the Arkansas Better Chance for School Success Program. 33 Any carry forward of unexpended balance of funding as authorized 34 herein, may be carried forward under the following conditions: 35 (1) Prior to June 30, 2011 2012 the Agency shall by written statement 36 SB211 14 02-01-2011 14:47:09 LEB024 set forth its reason(s) for the need to carry forward said funding to the 1 Department of Finance and Administration Office of Budget; 2 (2) The Department of Finance and Administration Office of Budget 3 shall report to the Arkansas Legislative Council all amounts carried forward 4 by the September Arkansas Legislative Council or Joint Budget Committee 5 meeting which report shall include the name of the Agency, Board, Commission 6 or Institution and the amount of the funding carried forward, the program 7 name or line item, the funding source of that appropriation and a copy of the 8 written request set forth in (1) above; 9 (3) Each Agency, Board, Commission or Institution shall provide a 10 written report to the Arkansas Legislative Council or Joint Budget Committee 11 containing all information set forth in item (2) above, along with a written 12 statement as to the current status of the project, contract, purpose etc. for 13 which the carry forward was originally requested no later than thirty (30) 14 days prior to the time the Agency, Board, Commission or Institution presents 15 its budget request to the Arkansas Legislative Council/Joint Budget 16 Committee; and 17 (4) Thereupon, the Department of Finance and Administration shall 18 include all information obtained in item (3) above in the budget manuals 19 and/or a statement of non-compliance by the Agency, Board, Commission or 20 Institution. 21 The provisions of this section shall be in effect only from July 1, 22 2010 2011 through June 30, 2011 2012. 23 24 SECTION 24. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 25 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. PUBLIC 26 SCHOOL RETIREE HEALTH INSURANCE. The Employee Benefits Division of the 27 Department of Finance and Administration may use up to eleven dollars and 28 twenty cents ($11.20) from each contribution made under Arkansas Code 29 §6-17-1117 (a) to offset the cost of health insurance premiums to eligible 30 members electing to participate in the public school employees' health 31 insurance program as a retiree. 32 33 SECTION 25. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 34 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 35 ARKANSAS/STRIVE PROGRAM TRANSFER. The Chief Fiscal Officer of the State 36 SB211 15 02-01-2011 14:47:09 LEB024 shall transfer on his books and those of the State Treasurer and the State 1 Auditor, the sum of two hundred thousand dollars ($200,000) during each 2 fiscal year from the Department of Education Public School Fund Account to 3 the University of Arkansas at Little Rock Fund, specifically to provide 4 funding for the Arkansas/STRIVE Program. The total amount of funds 5 transferred each fiscal year pursuant to this section shall not be subject to 6 any indirect costs by the University of Arkansas at Little Rock. 7 The provisions of this section shall be in effect only from July 1, 8 2010 2011 through June 30, 2011 2012. 9 10 SECTION 26. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 11 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. HEALTH 12 INSURANCE. The appropriation contained herein for Public School Employee 13 Insurance each fiscal year shall be used to provide the state contribution 14 for insurance premiums for employees of the Cooperative Education Services 15 Areas, Vocational Centers, and the school operated by the Department of 16 Correction who participate in the Arkansas Public School Life and Health 17 Insurance Program. 18 The provisions of this section shall be in effect only from July 1, 19 2010 2011 through June 30, 2011 2012. 20 21 SECTION 27. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 22 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 23 ALTERNATIVE LEARNING ENVIRONMENT. The Department of Education may provide 24 funding for Alternative Learning Environment Programs in excess of the 25 regulatory limitation of six (6) hours per day for those programs that 26 operate more than twelve hours per day, in a proportionate manner and upon 27 special request to the Department of Education. 28 The provisions of this section shall be in effect only from July 1, 29 2010 2011 through June 30, 2011 2012. 30 31 SECTION 28. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 32 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. STATE 33 FUND RESTRICTIONS. No state funds shall be used for abortion referral in 34 public schools, or for abortion services. Funds shall be expended in 35 accordance with Arkansas Code Annotated §6-18-703. 36 SB211 16 02-01-2011 14:47:09 LEB024 The provisions of this section shall be in effect only from July 1, 1 2010 2011 through June 30, 2011 2012. 2 3 SECTION 29. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS 4 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. 5 ADDITIONAL PUBLIC SCHOOL EMPLOYEE HEALTH INSURANCE FUNDING PROVISION. 6 Effective for the plan year beginning October 1, 2010 2011, if ninety-eight 7 percent (98%) of the uniform rate of tax used in the calculation of State 8 Foundation Funding Aid for fiscal year 2010-2011 2011-2012 exceeds nine 9 hundred twenty million seven hundred thirty-one thousand eight hundred 10 nineteen dollars ($920,731,819), the Department of Education shall pay up to 11 fifteen million dollars ($15,000,000) of the total increase over the nine 12 hundred twenty million seven hundred thirty-one thousand eight hundred 13 nineteen dollars ($920,731,819) to the Employee Benefits Division of the 14 Department of Finance and Administration in additional health insurance 15 contributions for eligible employees electing to participate in the public 16 school employees’ health insurance program administered by the State and 17 Public School Life and Health Insurance Board. 18 The Department of Education shall make the contributions by 19 transferring funds to the division in quarterly installments. Funds provided 20 by the Department of Education to the division under this section shall be 21 administered by the board for the benefit of the employee participants of the 22 public school employees’ health insurance program. 23 The provisions of this section shall be in effect only from July 1, 24 2010 2011 through June 30, 2011 2012. 25 26 SECTION 30. SPECIAL LANGUAGE. Arkansas Code § 6-20-604(e) reads as 27 follows: 28 (e)(1) Except as provided in subdivision (e)(2) of this section, a 29 school district meeting the requirements of subsection (b) of this section 30 shall receive an amount equal to ten percent (10%) of the foundation funding 31 received by the school district under § 6-20-2305(a)(2) based on the three- 32 quarter average daily membership of the isolated school area under § 6-20- 33 2305(a)(2) if the school district has school facilities open for kindergarten 34 through grade twelve (K-12) in one (1) or more isolated schools meeting the 35 requirements of subsection (b) of this section. 36 SB211 17 02-01-2011 14:47:09 LEB024 (2) A school district shall receive an amount equal to ten percent 1 (10%) of the foundation funding received by the school district under § 6-20- 2 2305(a)(2) based on the three-quarter average daily membership of the 3 isolated school area under § 6-20-2305(a)(2) if: 4 (A) The school district has school facilities serving students 5 in any grade in kindergarten through grade twelve (K-12) in one (1) or more 6 isolated schools meeting the requirements of subsection (b) of this section; 7 and 8 (B) The school district closed an isolated facility serving 9 students in grades seven (7) through twelve (12) between January 1, 2008, and 10 July 1, 2008. 11 12 SECTION 31. COMPLIANCE WITH OTHER LAWS. Disbursement of funds 13 authorized by this act shall be limited to the appropriation for such agency 14 and funds made available by law for the support of such appropriations; and 15 the restrictions of the State Procurement Law, the General Accounting and 16 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary 17 Procedures and Restrictions Act, or their successors, and other fiscal 18 control laws of this State, where applicable, and regulations promulgated by 19 the Department of Finance and Administration, as authorized by law, shall be 20 strictly complied with in disbursement of said funds. 21 22 SECTION 32. LEGISLATIVE INTENT. It is the intent of the General 23 Assembly that any funds disbursed under the authority of the appropriations 24 contained in this act shall be in compliance with the stated reasons for 25 which this act was adopted, as evidenced by the Agency Requests, Executive 26 Recommendations and Legislative Recommendations contained in the budget 27 manuals prepared by the Department of Finance and Administration, letters, or 28 summarized oral testimony in the official minutes of the Arkansas Legislative 29 Council or Joint Budget Committee which relate to its passage and adoption. 30 31 SECTION 33. EMERGENCY CLAUSE. It is found and determined by the 32 General Assembly, that the Constitution of the State of Arkansas prohibits 33 the appropriation of funds for more than a one (1) year period; that the 34 effectiveness of this Act on July 1, 2011 is essential to the operation of 35 the agency for which the appropriations in this Act are provided, and that in 36 SB211 18 02-01-2011 14:47:09 LEB024 the event of an extension of the legislative session, the delay in the 1 effective date of this Act beyond July 1, 2011 could work irreparable harm 2 upon the proper administration and provision of essential governmental 3 programs. Therefore, an emergency is hereby declared to exist and this Act 4 being necessary for the immediate preservation of the public peace, health 5 and safety shall be in full force and effect from and after July 1, 2011. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36