Text of AR SB 294 (2023)
To Create The Learns Act; To Amend Various Provisions Of The Arkansas Code As They Relate To Early Childhood Through Grade Twelve Education In The State Of Arkansas; And To Declare An Emergency.
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As introduced
335,647 characters
Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas
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94th General Assembly
A Bill
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Regular Session, 2023
SENATE BILL 294
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By: Senators B. Davis, Hester, Irvin, J. Dismang, J. English, G. Stubblefield, Flippo, B. Johnson, D.
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Wallace, Hill, M. Johnson, K. Hammer, D. Sullivan, Gilmore, M. McKee, C. Penzo, J. Boyd, J. Petty, J.
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Bryant, Crowell, Stone, Dees, J. Payton, J. Dotson, A. Clark
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By: Representatives Brooks, M. Shepherd, McCollum, B. McKenzie, Pilkington, S. Meeks, Wardlaw,
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Eubanks, Cozart, Womack, C. Fite, Lundstrum, Bentley, Gonzales, Beck, K. Brown, Richmond, Fortner,
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Cavenaugh, Maddox, Barker, Rye, Hollowell, Watson, Lynch, Wing, Crawford, L. Johnson, C. Cooper,
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Breaux, Evans, McGrew, Ray, Beaty Jr., McClure, Milligan, Haak, John Carr, Underwood, Furman, G.
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Hodges, J. Moore, Achor, Burkes, Hawk, McAlindon, M. Brown, Rose, Puryear, Gramlich, Painter,
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Duffield, Unger, R. Scott Richardson, Andrews
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For An Act To Be Entitled
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AN ACT TO CREATE THE LEARNS ACT; TO AMEND VARIOUS
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PROVISIONS OF THE ARKANSAS CODE AS THEY RELATE TO
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EARLY CHILDHOOD THROUGH GRADE TWELVE (12) EDUCATION
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IN THE STATE OF ARKANSAS; TO DECLARE AN EMERGENCY;
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AND FOR OTHER PURPOSES.
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Subtitle
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TO CREATE THE LEARNS ACT; TO AMEND
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VARIOUS PROVISIONS OF THE ARKANSAS CODE
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AS THEY RELATE TO EARLY CHILDHOOD THROUGH
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GRADE TWELVE (12) EDUCATION IN THE STATE
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OF ARKANSAS; TO DECLARE AN EMERGENCY; AND
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TO DECLARE AN EMERGENCY.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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SECTION 1. DO NOT CODIFY. Title.
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This act shall be known and may be cited as the "LEARNS Act".
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SECTION 2. Arkansas Code § 6-10-128(d)(1), concerning school resource
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officer training requirements, is amended to read as follows:
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(d)(1) Sworn, nonsupervisory law enforcement personnel, including
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without limitation school resource officers, who are assigned to a public
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school campus during the instructional day or employed by a public school
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district shall:
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(A) Within eighteen (18) months of being assigned or
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employed by the public school district:
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(i)(a) Complete a forty-hour basic school resource
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officer training program developed and provided, or approved, by the Arkansas
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Center for School Safety of the Criminal Justice Institute.
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(b) The training required under subdivision
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(d)(1)(A)(i)(a) of this section shall include without limitation:
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(1) The roles and responsibilities of
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school resource officers in public schools;
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(2) Laws that are specific to public
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schools and students in public schools; and
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(3) Adolescent behavior and development;
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and
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(ii)(a) Obtain certification in Youth Mental Health
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First Aid Attend a training in youth mental health as required by the State
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Board of Education.
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(b) Youth Mental Health First Aid
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certification shall be maintained and renewed The youth mental health
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training required under subdivision (d)(1)(A)(ii)(a) of this section shall be
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obtained every four (4) years if the school resource officer remains assigned
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to or employed by a public school district;
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(B)(i) Within five (5) years after receiving the initial
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basic school resource officer training program, complete a sixteen-hour
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school resource officer refresher training developed and provided, or
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approved, by the Arkansas Center for School Safety of the Criminal Justice
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Institute.
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(ii) The school resource officer refresher training
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required under subdivision (d)(1)(B)(i) of this section shall be completed
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every five (5) years; and
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(C)(i) Annually complete twelve (12) hours of public
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school-specific continuing education developed and provided, or approved, by
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the Arkansas Center for School Safety of the Criminal Justice Institute.
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(ii) The Youth Mental Health First Aid The youth
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mental health training required under subdivision (d)(1)(A)(ii) of this
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section and the school resource officer refresher training required under
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subdivision (d)(1)(B) of this section shall count towards the twelve (12)
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hours of public school-specific continuing education required under
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subdivision (d)(1)(C)(i) of this section in the years during which the Youth
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Mental Health First Aid youth mental health and school resource officer
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refresher trainings are completed.
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SECTION 3. Arkansas Code § 6-11-105(a), concerning powers and duties of
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the State Board of Education, is amended to add an additional subdivision to
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read as follows:
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(13) Administer the state’s early learning and education system,
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which shall include the administration of:
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(A) Relevant rules related to administering funding,
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licensing, standards, and program requirements;
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(B) Quality rating and improvement initiatives; and
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(C) Streamlining and burden reduction for families and
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providers.
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SECTION 4. Arkansas Code § 6-13-620(5), concerning the power of a
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school district board of directors to employ staff, is amended to read as
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follows:
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(5)(A) Employ staff, including:
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(i)(a) A a superintendent and an assistant
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superintendent of schools to oversee the day-to-day operations of the school
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district.
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(b)(B) A superintendent shall be evaluated
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annually or no less often than before any extension of his or her employment
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contract.
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(c)(C) Superintendents and assistant
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superintendents may be employed under contract terms and conditions that
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incorporate all elements prescribed by the State Board of Education; and
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(ii)(a) School district employees under
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initial written employment contracts in the form prescribed by the State
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Board of Education, not including day-to-day substitutes.
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(b) The employment contract shall:
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(1) State the duration of employment,
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specific duties of the employee and the annual salary or hourly wage of the
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employee and projected annual earnings in the case of nonexempt employees
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under applicable state and federal law; and
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(2) Incorporate all personnel policies
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adopted by June 30 to be in effect on July 1 of the following employee
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contract year, subject to the requirements and exceptions contained in §§ 6-
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17-204 and 6-17-205.
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(B) Copies of initial written employment contracts and
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renewed written employment contracts issued in accordance with §§ 6-17-1506
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and 6-17-1703 shall be distributed as follows:
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(i) One (1) copy to be given to the employee;
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(ii) One (1) copy to be retained by the school
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district board of directors; and
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(iii) One (1) copy to be retained by the school
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district's treasurer or bookkeeper;
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SECTION 5. Arkansas Code § 6-13-635(b)(1)(B), concerning a resolution
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approved by a school district board of directors for an increase in salary of
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five percent (5%) or more of a public school district employee, is amended to
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read as follows:
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(B) The resolution shall include the reasons for the
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salary increase, which may include without limitation:
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(i) A bonus that is not added to the employee's
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salary;
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(ii) An incentive bonus provided:
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(a) For National Board for Professional
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Teaching Standards certification under § 6-17-413;
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(b) To a certified speech-language pathologist
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under § 6-17-413;
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(c) For teacher recruitment or retention in
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high-priority school districts under § 6-17-811;
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(d)(c) To a master principal under § 6-17-
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1603; or
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(e)(d) Under another specific provision of
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law; or
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(iii) An increase in salary received as a result of
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the school district employee moving into a new position with substantially
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different job functions.
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SECTION 6. Arkansas Code Title 6, Chapter 13, Subchapter 6, is amended
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to add an additional section to read as follows:
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6-13-636. Authority to make school personnel hiring and placement
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decisions.
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(a)(1) Each local public school district board of directors shall
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adopt policies for and establish procedures that require a public school
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district superintendent to consult with teachers employed by the public
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school district before making any decisions regarding the hiring or placement
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of a principal at the public school in which the teachers are employed.
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(2) Recommendations made by teachers under subdivision (a)(1) of
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this section shall not be binding on the superintendent, but shall be
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considered by the superintendent when making employment decisions within the
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public school district.
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(b)(1) Each public school district superintendent and public school
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principal shall make all employment-related decisions based upon the
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following, as applicable to the specific position for which the public school
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district superintendent and public school principal are hiring:
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(A) Performance;
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(B)(i) Effectiveness.
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(ii) Effectiveness shall be used as the primary
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criterion for making personnel decisions; and
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(C) Qualifications.
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(2) However, seniority and tenure shall not be used as the
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primary criterion when making decisions regarding the hiring, assignment, or
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dismissal of public school teachers and other public school employees.
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(c)(1) Each public school district shall ensure that its reduction in
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force plan, as defined under § 6-17-2407, is aligned with all state laws,
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including without limitation subsection (b) of this section.
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(2) To ensure compliance as required under subdivision (c)(1) of
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this section, each public school district shall submit to the Division of
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Elementary and Secondary Education its reduction in force plan each time it
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is updated, including without limitation updates regarding:
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(A) Staff positions that are to be eliminated;
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(B) Staff performance and effectiveness metrics applicable
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to each specific position; and
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(C) Any other general or specific change made to the
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reduction in force plan.
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(d) A public school district employee employment contract shall:
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(1) State the:
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(A) Duration of employment;
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(B) Specific duties of the employee;
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(C) Annual salary or hourly wage of the employee; and
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(D) Projected annual earnings in the case of nonexempt
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employees under applicable state and federal law; and
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(2)(A) Incorporate all personnel policies adopted by June 30 to
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be in effect on July 1 of the following employee contract year, subject to
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the requirements and exceptions contained in §§ 6-17-204 and 6-17-205.
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(B) Copies of initial written employment contracts and
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renewed written employment contracts shall be distributed as follows:
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(i) One (1) copy to be given to the employee;
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(ii) One (1) copy to be retained by the school
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district superintendent or his or her designee; and
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(iii) One (1) copy to be retained by the school
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district's treasurer or bookkeeper.
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SECTION 7. Arkansas Code § 6-13-808(i), concerning the Arkansas
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Traveling Teacher Program, is repealed.
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(i) An agreement for traveling teacher services under this section is
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not governed by or subject to the provisions of The Teacher Fair Dismissal
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Act of 1983, § 6-17-1501 et seq.
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SECTION 8. Arkansas Code § 6-15-1303 is amended to read as follows:
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6-15-1303. Safe Schools Initiative Act.
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(a)(1) A public school district or open-enrollment public charter
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school shall conduct a comprehensive school safety audit assessment every
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three (3) years to assess the safety, security, accessibility, and emergency
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preparedness of district buildings and grounds in collaboration with local
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law enforcement, fire, and emergency management officials.
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(2)(A) A comprehensive school safety audit assessment shall be
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conducted by more than one (1) individual, including at least one (1)
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individual who is not assigned to the facility being audited assessed, if the
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audit assessment is conducted by district personnel.
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(B) A comprehensive school safety audit assessment shall
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include without limitation an audit assessment of the following:
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(i) Safety and security of the site and exterior of
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buildings;
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(ii) Access control;
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(iii) Safety and security of the interior of
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buildings;
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(iv) Monitoring and surveillance, including without
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limitation type and extent;
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(v) Communication and information security;
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(vi) Review of emergency operation plans; and
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(vii) School climate and culture.
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(3) The initial comprehensive school safety audit assessment
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shall be conducted by August 1, 2024.
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(4) The Division of Elementary and Secondary Education shall
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promulgate rules specifying how the completion of the audit assessment and
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confirmation of collaboration with local law enforcement and emergency
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management officials shall be verified.
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(b)(1) A public school district or open-enrollment public charter
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school shall conduct an annual lockdown drill for a possible threat on campus
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at each school in the public school district or open-enrollment public
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charter school.
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(2) As part of the public school district or open-enrollment
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public charter school's planning for lockdown drills, the public school
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district or open-enrollment public charter school shall:
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(A) Assess the plan and ability of the public school
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district or open-enrollment public charter school to prevent and respond to a
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threat on campus;
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(B) Identify the roles and responsibilities of each
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individual when an emergency occurs;
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(C) Discuss the logistics of responding to an emergency on
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the school campus;
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(D) Identify areas in which the emergency operation plan
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of the school may require modification, if necessary; and
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(E) Collaborate with local law enforcement, fire, and
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emergency management officials.
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(3) The Division of Elementary and Secondary Education shall
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promulgate rules describing how the completion of the drills and confirmation
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of collaboration with local law enforcement, fire, and emergency management
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officials shall be verified.
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(c)(1) On or before October 1, 2021, a public school shall provide
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current floor plans and pertinent emergency contact information to
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appropriate first responders.
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(2) Public school administration shall provide updated
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information annually and when substantial building modifications or changes
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are made.
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(3) Information provided under this subsection is not a public
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record and is not available for public inspection.
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(4) The Division of Elementary and Secondary Education shall
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promulgate rules describing how public school compliance with subdivisions
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(c)(1) and (2) of this section will be verified.
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(d)(1) Subject to continued appropriation and funding for this
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purpose, the Arkansas Center for School Safety of the Criminal Justice
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Institute shall assist the Division of Elementary and Secondary Education in
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building the capacity of educators, leaders, and law enforcement
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professionals to meet the safety needs of children in public schools in this
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state.
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(2) The Arkansas Center for School Safety of the Criminal
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Justice Institute shall promote and support school safety statewide and shall
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provide school safety training, education, and resources for school, school
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district, and law enforcement personnel.
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(3)(A) The Arkansas Center for School Safety of the Criminal
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Justice Institute shall be the state school safety clearinghouse and shall
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collaborate with the following entities to provide a comprehensive,
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efficient, and effective resource for education and law enforcement personnel
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to obtain training and technical assistance to meet the school safety needs
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of students in this state:
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(i) The Division of Elementary and Secondary
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Education;
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(ii) The Safe Schools Committee established under
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this subchapter;
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(iii) The Arkansas Association of Educational
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Administrators;
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(iv) The Arkansas School Boards Association;
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(v) Education service cooperatives;
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(vi) The Division of Emergency Management;
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(vii) The Arkansas Public School Resource Center,
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Inc.; and
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(viii) Other key stakeholders.
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(B) The Division of Elementary and Secondary Education
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shall collaborate actively with the Arkansas Center for School Safety of the
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Criminal Justice Institute and shall promote the training and resources
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provided by the Arkansas Center for School Safety of the Criminal Justice
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Institute to public school district or open-enrollment public charter school
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staff.
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(C) The training provided by the Arkansas Center for
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School Safety of the Criminal Justice Institute may include without
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limitation the training and education needed to assist a public school or
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private school in:
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(i) Developing prevention strategies and enhancing
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existing emergency response plans for campus security and safety issues;
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(ii) Addressing public safety and legal topics such
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as drugs and alcohol abuse, sexual assault, dating violence, bullying and
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cyber-bullying cyberbullying, human trafficking, gangs, preventing the
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possession of weapons by minors, and responding to the threat of weapons at
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school;
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(iii) Conducting school safety audits assessments;
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(iv) Cooperating effectively with law enforcement
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officers, school resource officers, and other school safety personnel, in the
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school setting; and
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(v) Other relevant school safety topics,
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initiatives, and programs.
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(4) Annual training and emergency response drills may be
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conducted during the instructional day or during noninstructional time
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periods as determined by the school district.
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(e) Subject to an appropriation and funding for this purpose, each
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public school, in collaboration with the school district, may install
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communications equipment that is interoperable with the Arkansas Wireless
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Information Network system.
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(f)(1) A public school district or open-enrollment public charter
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school shall have a school safety expert review and advise on architectural
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plans for a public school facility before the new construction of the public
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school facility.
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(2) The requirements for a school safety expert shall be
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established by the Commission for Arkansas Public School Academic Facilities
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and Transportation by rule.
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(g) To promote school safety, the Department of Education shall:
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(1) Work with organizations, including without limitation the
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following:
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(A) Readiness and Emergency Management for Schools (REMS)
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Technical Assistance Center (TA); and
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(B) The National Training and Technical Assistance Center
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in order to develop a customized, state-level school bus safety initiative
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for use by public school districts, open-enrollment public charter schools,
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and transportation offices;
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(2)(A) Make crisis response training available to school
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personnel and other key stakeholders throughout the state.
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(B) The department shall ensure all public school
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districts and open-enrollment public charter schools receive relevant
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training information required under subdivision (g)(2)(A) of this section in
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a timely manner; and
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(3) Conduct an analysis to determine how the Arkansas State
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Fusion Center may be more effectively utilized to:
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(A) Receive and disseminate information pertaining to
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threats against public schools; and
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(B) Provide timely and relevant information to public
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schools and other appropriate entities pertaining to school safety.
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(h) Each public school district and open-enrollment public charter
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school shall support student mental health on a timeline to be established by
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the department by:
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(1) Supporting access to training in youth mental health for all
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school personnel who interact with students;
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(2) Requiring all school staff to complete mental health
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awareness training; and
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(3) Establishing a behavioral threat assessment team, which
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shall:
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(A) Follow best practices for team composition and
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process; and
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(B) Require that all team members receive basic and
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advanced behavioral threat assessment training through the Arkansas Center
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for School Safety of the Criminal Justice Institute or another organization
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or entity approved by the state board.
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(i) Each public school district and open-enrollment public charter
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school shall work with law enforcement to improve school safety and security
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by:
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(1) Developing plans to increase the presence of uniformed law
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enforcement on all public school campuses at all times when school staff and
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children are attending class or during a major extracurricular activity;
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(2)(A) Providing to school resource officers, commissioned
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school security officers, and institutional law enforcement officers regular
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specialized training, including specific training on roles and
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responsibilities associated with each position.
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(B) Responsibilities of school resource officers,
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commissioned school security officers, and institutional law enforcement
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officers shall not include involvement with student disciplinary action; and
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(3) Implementing and expanding strategies to promote reporting,
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which shall include anonymous reporting of:
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(A) Suspicious activity and behavior; and
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(B) Threats.
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(j) Each public school district and open-enrollment public charter
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school shall promote student security and safety by:
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(1) Forming District Safety and Security Teams to review
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district emergency operations plans and security policies and procedures;
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(2)(A) Conducting annually a comprehensive school safety
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assessment that is reviewed by the public school district board of directors
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and administration or an open-enrollment public charter school's governing
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body.
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(B) The comprehensive school safety assessment required
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under subdivision (j)(2)(A) of this section shall:
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(i) Be solely for the purpose of ensuring student
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safety; and
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(ii) Not be a public record and not be available for
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public inspection under the Freedom of Information Act of 1967, § 25-19-101
10
et seq.;
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(3) Training school nurses and staff in efforts that enhance the
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emergency medical response within public schools, including without
13
limitation:
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(A) Training concerning opioid overdose; and
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(B) Bleeding control training;
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(4) Establishing and maintaining a comprehensive, common
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communication plan to be utilized by:
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(A) School officials;
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(B) Students;
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(C) Parents, legal guardians, or persons standing in loco
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parentis to a student;
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(D) Law enforcement; and
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(E) Other relevant stakeholders;
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(5) Establishing systems that enable direct communication with
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local, law-enforcement, which may include without limitation:
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(A) Emergency alert systems;
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(B) Radios for school officials that are programmed with
28
law enforcement frequencies; and
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(C) School camera systems that can be accessed in real
30
time by law enforcement; and
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(6) Reviewing and updating cybersecurity policies and procedures
32
annually.
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34
SECTION 9. Arkansas Code § 6-15-2610 is amended to read as follows:
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6-15-2610. Construction with other state law.
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To the extent that the provisions of this subchapter or the terms of an
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approved Rewarding Excellence in Achievement Program plan directly conflict
2
with any provision of § 6-17-201 et seq., The Teacher Fair Dismissal Act of
3
1983, § 6-17-1501 et seq., or the provisions of any other state law relating
4
to the compensation of public school teachers, the provisions of this
5
subchapter and the approved Rewarding Excellence in Achievement plan shall
6
control.
7
8
SECTION 10. Arkansas Code § 6-15-2804(a)(9), concerning requirements
9
for schools that are designated as schools of innovation, is repealed.
10
(9) Adhere to The Teacher Fair Dismissal Act of 1983, § 6-17-
11
1501 et seq.;
12
13
SECTION 11. Arkansas Code § 6-15-2907(a), concerning the
14
implementation of a statewide student assessment system, is amended to read
15
as follows:
16
(a) The Division of Elementary and Secondary Education shall implement
17
a statewide student assessment system to be administered by Arkansas public
18
schools on a schedule determined by the State Board of Education that
19
includes the following components:
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(1) Developmentally appropriate measurements or assessments for
21
kindergarten through grade two (K-2) in literacy and mathematics;
22
(2)(A) High-quality, evidence-based literacy screeners for
23
kindergarten through grade three (K-3).
24
(B)(i) The division shall identify the literacy screeners
25
required under subdivision (a)(2)(A) of this section, which shall meet the
26
requirements of § 6-41-603 and may be the same screener used for dyslexia
27
screening.
28
(ii) The literacy screeners required under
29
subdivision (a)(2)(A) of this section shall be utilized to determine student
30
progression in reading in kindergarten through grade three (K-3) and shall
31
be:
32
(a) Given during the first thirty (30) days of
33
the school year;
34
(b) Repeated, if indicated, midyear; and
35
(c) Given at the end of the school year.
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(iii) The division shall collect and publish
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aggregated public school district, open-enrollment public charter school, and
2
overall state literacy screener results annually by October 1;
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(2)(3) Assessments to measure English language arts,
4
mathematics, and science as identified by the state board;
5
(3)(4) Assessments of English proficiency of all English
6
learners; and
7
(4)(A)(5)(A) Assessments to measure college and career
8
readiness.
9
(B) A public school that serves a student in grades ten
10
through twelve (10-12) shall administer college and career readiness
11
assessments, including a career readiness assessment that leads to a
12
nationally recognized work readiness certificate, as determined by the state
13
board to each student before he or she graduates from high school.
14
(C) Public school districts may offer additional college
15
and career readiness assessments for students in grades ten through twelve
16
(10-12) at no cost to the student by using public school district funding,
17
including without limitation Enhanced Student Achievement Funding under § 6-
18
20-2305.
19
20
SECTION 12. Arkansas Code § 6-15-2911(b), concerning the development
21
of a student success plan, is amended to read as follows:
22
(b)(1) Beginning with the 2018-2019 school year, each student, by the
23
end of grade eight (8), shall have a student success plan developed by school
24
personnel in collaboration with parents and the student that is reviewed and
25
updated annually.
26
(2) The student success plan shall, at a minimum:
27
(A) Guide the student along pathways to graduation;
28
(B) Address accelerated learning opportunities;
29
(C) Address academic deficits and interventions; and
30
(D) Include college and career planning components.
31
(3) Beginning with the 2023-2024 school year:
32
(A) Each student's student success plan, or the student's
33
individualized education program, if applicable, shall include the
34
recommended sequence of courses for successful completion of a diploma
35
pathway selected by the student;
36
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(B)(i) A student success plan shall be sufficiently
1
flexible to allow the student to, with the written approval of a parent,
2
legal guardian, or person standing in loco parentis to the student, change
3
his or her diploma pathway.
4
(ii) A change made to a student's diploma pathway
5
under subdivision (b)(3)(B)(i) of this section shall be structured to ensure
6
that the student will:
7
(a) Meet the high school graduation
8
requirements for the student's chosen diploma pathway or the requirements of
9
the student's individualized education program, if applicable; and
10
(b) Be qualified for admission to a
11
postsecondary educational institution or to enter the workforce; and
12
(C)(i) Each student's student success plan shall be
13
reviewed annually and revised as necessary to identify the courses to be
14
taken each year until all required core courses are completed.
15
(ii) Upon completion of the review required under
16
subdivision (b)(3)(C)(i) of this section, the student's student success plan
17
shall be signed by the:
18
(a) Student;
19
(b) Student's parent, legal guardian, or
20
person standing in loco parentis to the student; and
21
(c) School counselor.
22
(iii) Before revising a student success plan under
23
subdivision (b)(3)(C)(i) of this section, a school counselor or person acting
24
in the equivalent role of a school counselor shall meet with the student's
25
parent, legal guardian, or persons standing in loco parentis to the student
26
either in person or virtually to explain the possible impacts the revisions
27
to the plan might have on the student's graduation requirements and
28
postsecondary education goals.
29
(iv) Any revisions to a student success plan shall
30
be approved in writing by the student's parent, legal guardian, or person
31
standing in loco parentis to the student.
32
(3)(4) An individualized education program for a student with a
33
disability, identified under the Individuals with Disabilities Education Act,
34
20 U.S.C. § 1400 et seq., meets the requirements of this section if the
35
individualized education program:
36
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(A) Addresses academic deficits and interventions for
1
students not meeting standards-based academic goals at an expected rate or
2
level; and
3
(B) Includes a transition plan that addresses college and
4
career planning components.
5
(4)(5) The State Board of Education may promulgate rules to
6
implement this section that include without limitation requirements for the
7
development and review of a student success plan if a student is enrolled for
8
the first time in or transfers to a public school district in the state
9
during or after the student completes grade eight (8).
10
11
SECTION 13. Arkansas Code § 6-15-2911, concerning student success
12
plans, is amended to add an additional subdivision to read as follows:
13
(e) To provide a foundation for the development of a student success
14
plan, a public school district shall:
15
(1) Provide career awareness and exploration activities to all
16
public school students in grades six through eight (6-8) that create links
17
between what a student does in school and what a student wants to achieve in
18
life, as described in § 6-16-1802(a); and
19
(2)(A) Hold an informational meeting for parents, legal
20
guardians, or persons standing in loco parentis to students enrolled in
21
grades six through twelve (6-12) within the public school district to provide
22
information regarding graduation requirements and curriculum choices.
23
(B) The informational meeting required under subdivision
24
(e)(2)(A) of this section shall be held in conjunction with the scheduling of
25
courses for the next academic year.
26
(C) Notice of the informational meeting required under
27
subdivision (e)(2)(A) of this section shall be provided through existing
28
means of communication.
29
30
SECTION 14. Arkansas Code Title 6, Chapter 15, is amended to add an
31
additional subchapter to read as follows:
32
Subchapter 32 — School Transformation Contracts
33
34
6-15-3201. School eligibility.
35
A public school district with a "D" or "F" rating according to the most
36
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recent results of the school rating system under § 6-15-2101 et seq., or a
1
school district classified as in need of Level 5 — Intensive support by the
2
State Board of Education shall be eligible for an exemption from sanctions or
3
action under §§ 6-15-2915, 6-15-2916, and 6-15-2917, and qualify for funding
4
provided under § 6-15-3203 if the public school district board of directors
5
contracts with a partner to operate a public school district transformation
6
campus with:
7
(1) The governing body of an open-enrollment public charter
8
school; or
9
(2) Another entity, as approved by the State Board of Education.
10
11
6-15-3202. Contract for school transformation.
12
(a) A school district board of directors or the Commissioner of
13
Elementary and Secondary Education acting as a school district board of
14
directors, with approval from the State Board of Education, may enter into a
15
contract for school transformation if:
16
(1) The entity with which it intends to contract has been
17
approved by the state board under § 6-15-3201 and is determined to be in good
18
standing;
19
(2) The charter of the open-enrollment public charter school has
20
not previously been revoked in the State of Arkansas;
21
(3) For the three (3) school years preceding the school year of
22
the proposed school transformation, the open-enrollment public charter school
23
has:
24
(A) An overall performance rating of “C” or higher
25
according to the school rating system under § 6-15-2101 et seq., or an
26
equivalent performance rating in the accountability system of the state in
27
which it currently operates; and
28
(B) Had no significant findings on the prior year annual
29
financial audit; or
30
(4) The entity considered for a charter has not previously
31
operated an open-enrollment public charter school in which the charter
32
expired or was revoked or surrendered.
33
(b) A contract entered into by a school district board of directors
34
with the governing body of an open-enrollment public charter school shall
35
include without limitation a provision addressing student eligibility for
36
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enrollment.
1
(c) A contract for a public school transformation campus that is
2
entered into under subsection (a) of this section shall:
3
(1) Provide that any student residing in the public school zone
4
as it existed before the operation of the public school zone under the
5
contract shall be admitted for enrollment at the public school transformation
6
campus; and
7
(2) Establish the following enrollment preference order for
8
students who do not reside in the public school zone:
9
(A) Other students who reside in the public school
10
district in which the public school transformation campus is located; and
11
(B) Students who reside outside the public school district
12
in which the public school transformation campus is located.
13
(d)(1) A public school district proposing to enter into a contract
14
under this section shall notify the commissioner of the public school
15
district's intent to enter into the contract.
16
(2) The state board shall establish by rule the procedures for a
17
public school district to notify the commissioner as required under
18
subdivision (d)(1) of this section, including without limitation:
19
(A) The time period within which the notification is
20
required before the school year in which the proposed contract would take
21
effect; and
22
(B) If necessary, the entity to which a public school
23
district shall submit information as required under subdivision (d)(1) of
24
this section.
25
(e)(1) The state public charter authorizer, as designated under § 6-
26
23-701, shall decide whether to authorize a charter to the proposed charter
27
entity if a charter is requested by a public school district, subject to
28
review by the state board.
29
(2) The commissioner shall notify a public school district
30
whether the proposed contract is approved not later than sixty (60) days
31
after the date the state board and the commissioner received notice of the
32
proposed contract and all information required by the commissioner to be
33
submitted has been received.
34
(f) This section does not prohibit a contract between a public school
35
district and another entity for the provision of services for a public school
36
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campus within the public school district, including without limitation a
1
contract for food services.
2
3
6-15-3203. Incentives.
4
(a) The Division of Elementary and Secondary Education shall seek to
5
encourage transformation charter operators to enter into contracts with
6
eligible public school districts.
7
(b)(1) For purposes of accountability during the first two (2) school
8
years of operation, a public school transformation campus shall be:
9
(A)(i) Awarded with an alternate letter grade, which shall
10
be established and defined by the State Board of Education.
11
(ii) While a public school transformation campus is
12
receiving an alternate letter grade under subdivision (b)(1)(A)(i) of this
13
section, the State of Arkansas shall not impose a sanction or take action
14
against the public school transformation campus for failure to satisfy
15
academic performance standards; and
16
(B) Publicly signaled as a public school transformation
17
campus.
18
(2) Following the first two (2) years of transformation, the
19
state shall continue to evaluate and assign all performance ratings received
20
by all public schools within a public school district to the public school
21
district transformation campus that has entered into a contract under § 6-15-
22
3202.
23
(c) The division may provide, through state and federal funds where
24
allowable, financial incentives to support transformations under this
25
subchapter.
26
27
6-15-3204. Rules.
28
The State Board of Education shall promulgate rules as necessary to
29
implement and administer this subchapter.
30
31
SECTION 15. Arkansas Code § 6-16-120 is amended to read as follows:
32
6-16-120. Academic credit for community service.
33
(a) Beginning with the 1996-1997 school year and ending with the
34
graduating class of 2025-2026, a student who has completed a minimum of
35
seventy-five (75) clock hours of documented community service in grades nine
36
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through twelve (9-12), as certified by the service agency or organization to
1
the school, shall be eligible to receive one (1) academic credit that may be
2
applied toward graduation.
3
(b) The community service shall be in programs or activities approved
4
by the State Board of Education and the local school district board of
5
directors and shall include preparation, action, and reflection components
6
that may occur in or out of school campuses and during or after school hours.
7
(c) A local school district board of directors may grant a waiver of
8
this requirement for an individual student with notice to the state board.
9
(d) The state board is hereby authorized to may promulgate rules
10
necessary for the implementation of this section.
11
12
SECTION 16. Arkansas Code Title 6, Chapter 16, Subchapter 1, is
13
amended to add additional sections to read as follows:
14
6-16-156. Indoctrination.
15
(a)(1) The Secretary of the Department of Education shall take
16
established steps to ensure that the Department of Education, its employees,
17
contractors, guest speakers, and lecturers are in compliance with Title IV
18
and Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352.
19
(2) Steps required under subdivision (a)(1) of this section
20
shall include the review of the rules, policies, materials, and
21
communications of the Department of Education to identify any items that may,
22
purposely or otherwise, promote teaching that would indoctrinate students
23
with ideologies, such as Critical Race Theory, otherwise known as "CRT", that
24
conflict with the principle of equal protection under the law or encourage
25
students to discriminate against someone based on the individual's color,
26
creed, race, ethnicity, sex, age, marital status, familial status,
27
disability, religion, national origin, or any other characteristic protected
28
by federal or state law.
29
(3) The secretary shall amend, annul, or alter the rules,
30
policies, materials, or communications that are considered prohibited
31
indoctrination and that conflict with the principle of equal protection under
32
the law.
33
(b) As used in this section, "prohibited indoctrination" means
34
communication by a public school employee, public school representative, or
35
guest speaker that compels a person to adopt, affirm, or profess an idea in
36
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violation of Title IV and Title VI of the Civil Rights Act of 1964, Pub. L.
1
No. 88-352, including that:
2
(1) People of one color, creed, race, ethnicity, sex, age,
3
marital status, familial status, disability status, religion, national
4
origin, or any other characteristic protected by federal or state law are
5
inherently superior or inferior to people of another color, creed, race,
6
ethnicity, sex, age, marital status, familial status, disability status,
7
religion, national origin, or any other characteristic protected by federal
8
or state law; or
9
(2) An individual should be discriminated against or receive
10
adverse treatment solely or partly because of the individual’s color, creed,
11
race, ethnicity, sex, age, marital status, familial status, disability
12
status, religion, national origin, or any other characteristic protected by
13
federal or state law.
14
(c) This section does not prohibit the discussion of:
15
(1) Ideas and the history of the concepts described in
16
subsection (b) of this section; or
17
(2) Public policy issues of the day and related ideas that
18
individuals may find unwelcome, disagreeable, or offensive.
19
(d) As it relates to employees, contractors, and guest speakers or
20
lecturers of the department, the secretary shall review and enhance the
21
policies that prevent prohibited indoctrination, including Critical Race
22
Theory.
23
(e) The secretary shall ensure that no public school employee or
24
public school student shall be required to attend trainings or orientations
25
based on prohibited indoctrination or Critical Race Theory.
26
(f) The State Board of Education may promulgate rules to implement
27
this section.
28
29
6-16-157. Child sexual abuse and human trafficking prevention —
30
Instruction required.
31
(a) The Division of Elementary and Secondary Education shall:
32
(1)(A) Enhance or adapt curriculum materials to assist public
33
school personnel in providing instruction through a multidisciplinary
34
approach on the detection, intervention, prevention, and treatment of child
35
sexual abuse and human trafficking.
36
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(B) The curriculum materials developed under subdivision
1
(a)(1)(A) of this section shall be:
2
(i) Geared toward a sequential program of
3
instruction from kindergarten through grade twelve (K-12); and
4
(ii) Include strategies for utilizing the curriculum
5
in schools; and
6
(2) Ensure that curriculum materials developed under subdivision
7
(a)(1)(A) of this section are incorporated into the Health and Safety and
8
Physical Education Standards developed by the Department of Education in an
9
age-appropriate manner.
10
(b) Each public school district and open-enrollment charter school
11
shall:
12
(1) Implement a child sexual abuse and human trafficking
13
prevention program that meets the standards and requirements established by
14
the division;
15
(2) Provide training for teachers employed by the public school
16
district or open-enrollment public charter school on child sexual abuse and
17
assault and human trafficking:
18
(A) Awareness;
19
(B) Reporting requirements; and
20
(C) Prevention;
21
(3) Notify parents, legal guardians, and persons standing in
22
loco parentis to a student when child sexual abuse and assault and human
23
trafficking prevention education shall occur in the public school district or
24
open-enrollment public charter school;
25
(4) Allow parents, legal guardians, and persons standing in loco
26
parentis to a student to preview curriculum materials before classroom
27
instruction; and
28
(5) Allow parents, legal guardians, and persons standing in loco
29
parentis to a student to exempt their child from the child sexual abuse and
30
assault and human trafficking prevention program.
31
(c) Before grade five (5), a public school teacher shall not provide
32
classroom instruction on the following topics:
33
(1) Sexually explicit materials;
34
(2) Sexual reproduction;
35
(3) Sexual intercourse;
36
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(4) Gender identity; or
1
(5) Sexual orientation.
2
3
SECTION 17. Arkansas Code § 6-16-1403(b), concerning definitions and
4
approved provider lists under the Digital Learning Act of 2013, is amended to
5
read as follows:
6
(b) The Division of Elementary and Secondary Education shall annually:
7
(1) Publish publish a list of approved digital learning course
8
choice providers that offer digital learning services; and
9
(2) Provide a copy of the list of approved digital learning
10
providers to the House Committee on Education and the Senate Committee on
11
Education no later than June 1 each year.
12
13
SECTION 18. Arkansas Code §§ 6-16-1404 and 6-16-1405 are repealed.
14
6-16-1404. Digital learning environment.
15
A digital learning environment shall be composed of:
16
(1) Access to quality digital learning content and online
17
blended learning courses;
18
(2) Tailored digital content designed to meet the needs of each
19
student;
20
(3) Digital learning content that meets or exceeds the
21
curriculum standards and requirements adopted by the State Board of Education
22
and that is capable of being assessed and measured through standardized tests
23
or local assessments; and
24
(4) Infrastructure that is sufficient to handle and facilitate a
25
quality digital learning environment.
26
27
6-16-1405. Digital learning providers.
28
(a) To become an approved digital learning provider, a digital
29
learning provider shall submit proof that the provider:
30
(1) Is nonsectarian and nondiscriminatory in its programs,
31
employment practices, and operations;
32
(2) Demonstrates or partners with an organization that
33
demonstrates successful experience in furnishing digital learning courses to
34
public school students as demonstrated by student growth in each subject area
35
and grade level for which it proposes to provide digital learning courses;
36
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(3) Meets or exceeds the minimum curriculum standards and
1
requirements established by the State Board of Education and ensures
2
instructional and curricular quality through a curriculum and accountability
3
plan that addresses every subject area and grade level for which it agrees to
4
provide digital learning courses; and
5
(4)(A) Utilizes qualified teachers to deliver digital learning
6
courses to public school students.
7
(B) A qualified teacher who delivers digital learning
8
courses under this subchapter is not required to be licensed as a teacher or
9
administrator by the state board, but shall meet the minimum qualifications
10
for teaching in a core content area established by rules of the state board.
11
(b) The Division of Elementary and Secondary Education or state board
12
shall not require as a condition of approval of a digital learning provider
13
that the digital learning provider limit the delivery of digital learning
14
courses to public schools that require physical attendance at the public
15
school to successfully complete the credit for which the digital learning
16
course is provided.
17
18
SECTION 19. Arkansas Code § 6-16-1406(d), concerning digital learning
19
courses required for graduation under the Digital Learning Act of 2013, is
20
repealed.
21
(d) Beginning with the entering ninth grade class of the 2014-2015
22
school year, each high school student shall be required to take at least one
23
(1) digital learning course for credit to graduate.
24
25
SECTION 20. Arkansas Code Title 6, Chapter 16, is amended to add
26
additional subchapters to read as follows:
27
Subchapter 16 — Arkansas High-Impact Tutoring Pilot Program
28
29
6-16-1601. Title.
30
This subchapter shall be known and may be cited as the "Arkansas High-
31
Impact Tutoring Pilot Program".
32
33
6-16-1602. Program established.
34
There is established the Arkansas High-Impact Tutoring Pilot Program.
35
36
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6-16-1603. Administration.
1
Beginning in the 2023-2024 school year, the Division of Elementary and
2
Secondary Education shall administer the Arkansas High-Impact Tutoring Pilot
3
Program, which shall include without limitation:
4
(1) Determining:
5
(A) Program requirements;
6
(B) Student eligibility criteria, which shall consider
7
without limitation the academic performance of student groups across grades
8
and subjects; and
9
(C) A process for providing competitive grant funding to
10
each public school district and open-enrollment public charter school
11
participating in the program for purposes of providing in-school, high-impact
12
tutoring;
13
(2) Approving and making publicly available on the division's
14
website participating public school district and open-enrollment public
15
charter school tutoring program plans;
16
(3) Identifying and communicating allowable uses for grant
17
funding, as permitted by state and federal law, which may include without
18
limitation:
19
(A) Hiring or contracting for tutors or providing stipends
20
or other incentives to paraprofessionals, retired teachers, and community
21
organizations to ensure maximum tutoring capacity;
22
(B) Developing instructional materials and related
23
supplies;
24
(C) Covering administrative expenses;
25
(D) Covering costs associated with technology-enabled
26
tutoring solutions and related devices;
27
(E) Contracting with approved tutoring providers for
28
products and services related to high-impact tutoring; and
29
(F) Other uses designed to increase the effectiveness of
30
the Arkansas High-Impact Tutoring Program;
31
(4) Providing training, technical assistance, and guidance,
32
including without limitation the topic of sustaining of high-impact tutoring
33
through existing funding streams to participating public school district and
34
open-enrollment public charter schools conducting in-school, high-impact
35
tutoring;
36
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(5) Awarding and distributing program grants, subject to
1
legislative appropriation of available funding;
2
(6) Pursuing available private and federal grant funding to
3
expand the state investment in the program;
4
(7) Creating reporting templates, procedures, and definitions
5
for reporting metrics for participating public school district and open-
6
enrollment public charter schools to use in collecting and reporting
7
tutoring-related data to the division;
8
(8) Including required data reports within existing state data
9
reporting structures to streamline the data collection process for
10
participating public school district and open-enrollment public charter
11
schools, where feasible;
12
(9) Identifying, vetting, and creating an approved list of high-
13
impact tutoring providers and other tutoring models that may be used by
14
participating public school district and open-enrollment public charter
15
school; and
16
(10) Providing annually to the General Assembly a report that
17
includes without limitation the following:
18
(A) Data regarding participating public school students'
19
access to high-impact tutoring and program implementation, including by
20
geography, grade span, and subject based on program requirements, including
21
without limitation:
22
(i) How data required under this subdivision (10)(A)
23
have changed over time;
24
(ii) The number of students who received high-impact
25
tutoring;
26
(iii) The attendance of students who received high-
27
impact tutoring in the program; and
28
(iv) The number of students eligible for high-impact
29
tutoring;
30
(B) Data on achievement and growth outcomes from
31
participating public school students;
32
(C) Program successes and challenges;
33
(D) Recommendations for policy changes in future years in
34
order to ensure every child in Arkansas can access high-impact tutoring as
35
needed; and
36
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(E) An overview of actions taken to support every
1
participating public school district and open-enrollment public charter
2
school to ensure that high-impact tutoring is available to every eligible
3
child in Arkansas.
4
5
6-16-1604. Public school districts and open-enrollment public charter
6
schools — Requirements.
7
(a) Each participating public school district and open-enrollment
8
public charter school shall:
9
(1) Submit a plan for the administration of the Arkansas High-
10
Impact Tutoring Pilot Program in the public school district or open-
11
enrollment public charter school to the Division of Elementary and Secondary
12
Education that addresses the research-based criteria under § 6-15-3104;
13
(2) Provide a funding match to support the high-impact tutoring
14
program funding that is distributed by the division; and
15
(3)(A) Submit to the division, using a template and guidance
16
established by the division and leveraging existing reporting process where
17
possible, a report that includes without limitation the following:
18
(i) The number of students who participated in the
19
program at each public school district or open-enrollment public charter
20
school, including without limitation related student metrics using tutoring
21
subjects, grade levels, attendance, dosage, previous performance on state
22
assessments, and demographic information;
23
(ii) How the public school district or open-
24
enrollment public charter school maintained consistent access for
25
participating students to non-core academic instruction;
26
(iii) How grant funding for the program was used by
27
the public school district or open-enrollment public charter school,
28
including without limitation a summary of additional resources, if any, used
29
to provide the tutoring;
30
(iv) The academic achievement results or other
31
criteria used to enroll students in the program;
32
(v) The impact on student academic and non-academic
33
outcomes that are associated with the public school district's or open-
34
enrollment public charter school's program, including without limitation
35
interim assessments or other outcome metrics; and
36
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(vi) Other information as requested by the division
1
to complete its annual report to the General Assembly required under § 6-16-
2
1603.
3
(B) The report required under (a)(3)(A) of this section
4
shall be submitted on a timeline established by the division.
5
(b) Subject to the availability of funding, the General Assembly shall
6
provide for:
7
(1) The program to be made available as competitive grants to
8
public school districts and open-enrollment public charter schools; and
9
(2) Funding to be made available to the division to administer
10
and manage the program.
11
(c) The State Board of Education may promulgate rules to implement
12
this section.
13
14
Subchapter 17 — Course Choice Program
15
16
6-16-1701. Title.
17
This subchapter shall be known and may be cited as the "Course Choice
18
Program".
19
20
6-16-1702. Definitions.
21
As used in this subchapter:
22
(1) "Course provider" means an entity that offers individual
23
courses in person or online, including without limitation:
24
(A) An online or virtual education provider;
25
(B) A postsecondary education institution; and
26
(C) A business or entity that offers vocational or
27
technical course work in its field and has been authorized to provide such
28
courses by the State Board of Education;
29
(2) "Eligible student" means any student who resides in Arkansas
30
and meets at least one (1) of the following criteria:
31
(A) Is attending a public school that does not offer the
32
course in which the student desires to enroll, as determined by the state
33
board; or
34
(B) Is attending a public school that received a letter
35
grade of "C", "D", or "F", or any variation thereof, under §§ 6-15-2105 and
36
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6-15-2106 and state board rules, and would like to take a required course
1
through the Course Choice Program; and
2
(3) “Non-completion” means that an enrolled student does not
3
receive a passing grade or credit for the course.
4
5
6-16-1703. Course Choice Program.
6
(a) There is established the Course Choice Program.
7
(b) To support student participation, not later than the 2025-2026
8
school year, the State Board of Education shall promulgate rules on the
9
Course Choice Program, including a process that includes without limitation
10
the following:
11
(1) The determination regarding whether each:
12
(A) Proposed course provider complies with the law and
13
state board rules;
14
(B) Proposal submitted by a proposed course provider is
15
valid, complete, financially well-structured, and educationally sound;
16
(C) Proposal submitted by a proposed course provider
17
provides a plan for collecting data; and
18
(D) Proposal submitted by a proposed course provider
19
offers the potential for fulfilling the purposes of this subchapter;
20
(2) The provision for an independent evaluation of each proposal
21
submitted by a proposed course provider by a third party with educational,
22
organizational, legal, and financial expertise; and
23
(3) The provision for an agreement between the state board and
24
course provider that shall include without limitation a plan for implementing
25
or providing the following:
26
(A) Administration of state assessments as required by the
27
school rating system under § 6-15-2101 et seq.;
28
(B) The public school districts in which the course
29
provider will operate;
30
(C) Proposed courses offered, alignment of the courses by
31
the course provider with the Arkansas academic standards, and the designated
32
length of each course offered;
33
(D) Alignment of the courses offered by the course
34
provider with approved Arkansas diploma requirements; and
35
(E) Assurances that the course provider shall, to the best
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of its ability, collaborate and coordinate with a local public school
1
district in which an eligible student is enrolled full time.
2
(c)(1) The initial authorization of a course provider shall be for a
3
period of three (3) years.
4
(2)(A) After the second year of the initial authorization
5
period, the state board shall conduct a thorough review of the course
6
provider's activities and the academic performance of the eligible students
7
enrolled in courses offered by the course provider in accordance with the
8
school rating system.
9
(B) If the performance of the eligible students enrolled
10
in courses offered by the course provider does not meet performance standards
11
set by the state board under the school rating system, the state board shall
12
place the course provider on probation.
13
(d) After the initial three-year authorization period, the state board
14
may reauthorize a course provider for additional periods of not less than
15
three (3) years nor more than five (5) years after thorough review of the
16
course provider's activities and the achievement of students enrolled in
17
courses offered by the course provider.
18
(e) The state board shall monitor and evaluate the course provider in
19
accordance with performance expectations set forth by the state board in
20
which student achievement is the predominant criterion.
21
(f)(1) The Division of Elementary and Secondary Education shall create
22
a process for:
23
(A) Common course numbering of all courses listed in the
24
course catalog; and
25
(B) Determining whether courses are in compliance with
26
Arkansas state academic standards.
27
(2) For courses offered by postsecondary educational
28
institutions that are authorized course providers, the division shall consult
29
with the Arkansas Higher Education Coordinating Board.
30
(g) Prior to the 2025-2026 school year, the division shall create a
31
course catalog for all courses offered by a public school district.
32
(h) The state board may promulgate rules to administer the program.
33
34
6-16-1704. School district — Duties.
35
(a) Each local school district board of directors shall establish
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policies and procedures for each eligible student, where the following shall
1
apply:
2
(1) Credits earned through a course provider shall appear on
3
each eligible student's official transcript and count fully towards the
4
requirements of any approved Arkansas diploma;
5
(2) Required tests shall be administered to each eligible
6
student attending the public school district;
7
(3) All services to which each eligible student attending the
8
public school would be entitled if attending the public school in which he or
9
she is enrolled full time for all courses, including without limitation
10
special education services pursuant to the eligible student's individualized
11
education program shall be provided; and
12
(4) Participation in course choice at another school shall not
13
affect a student's participation in extracurricular or cocurricular
14
activities.
15
(b) A public school district shall make available to all students the
16
course catalog as provided by the State Board of Education during the annual
17
course enrollment process for the public school district.
18
(c) A public school district shall not actively discourage,
19
intimidate, or threaten an eligible student during the course enrollment
20
process or at any time.
21
(d)(1) The aggregate test scores of eligible students under this
22
subchapter shall be counted in the annual school performance report for the
23
public schools in which the eligible students are enrolled full time.
24
(2) The aggregate test scores required under subdivision (d)(1)
25
of this section shall be reported to and published by the Department of
26
Education for each course provider in an easy-to-understand format on the
27
department's website.
28
(e) Each eligible student shall enroll in at least one (1) course at
29
the public school in which he or she is enrolled full time.
30
(f) The state board may adopt rules necessary to implement this
31
section, including without limitation the requirements of public school
32
districts in which eligible students enroll in courses offered by authorized
33
course providers.
34
35
6-16-1705. Funding.
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(a)(1) As used in this section, "per-course amount" means an amount
1
equal to the market rate as determined by a course provider and reported to
2
the Department of Education that is up to one-sixth (1/6) of ninety percent
3
(90%) of the per-pupil amount each year as determined by the foundation
4
funding amount, established under § 6-20-2305, allotted per student to each
5
public school district in which an eligible student resides.
6
(2)(A) Any remaining funds for an eligible student, except those
7
specified under subsection (c) of this section, shall be returned to the
8
state or the public school district according to the pro rata share for the
9
per pupil amount each year as determined by the foundation funding amount for
10
the public school district in which the eligible student resides.
11
(B) Transfers of course payments shall be made by the
12
department on behalf of the responsible public school district in which an
13
eligible student resides to the authorized course provider.
14
(b) A course provider shall receive a per-course amount for each
15
eligible student.
16
(c)(1) For each eligible student, an amount equal to ten percent (10%)
17
of the per-pupil amount according to the pro rata share as determined each
18
year by the foundation funding amount, established under § 6-20-2305,
19
allotted per student for the local school district in which an eligible
20
student resides shall remain with the public school district in which the
21
eligible student is enrolled full time.
22
(2) Funds under subdivision (c)(1) of this section shall be used
23
to finance any administrative or operational costs to support eligible
24
students enrolled in courses offered by course providers, as determined by
25
the State Board of Education.
26
(d)(1) For each eligible student, a course provider shall receive
27
payment for only the courses in which an eligible student is enrolled as
28
determined under this subchapter.
29
(2) The remaining funds for each eligible student up to the
30
maximum amount for the public school district in which the eligible student
31
resides as determined each year by the foundation funding, established under
32
§ 6-20-2305, allotted per student or the actual tuition and fees, as
33
applicable, shall remain with the participating public school district in
34
which the student is enrolled.
35
(e)(1) A course provider may charge an eligible student the cost of
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tuition in an amount equal to the amount determined by the course provider
1
and reported to the department.
2
(2) A course provider shall accept the per-course amount as the
3
total tuition and fees for an eligible student.
4
(3)(A) Fifty percent (50%) of the amount of tuition to be paid
5
or transferred to a course provider shall be paid or transferred upon
6
eligible student enrollment in a course and fifty percent (50%) shall be paid
7
or transferred upon course completion according to the published course
8
length.
9
(B) If an eligible student does not complete a course,
10
according to the published course length, in which the course provider has
11
received the first payment, the course provider shall receive only forty
12
percent (40%) rather than the remaining fifty percent (50%) of the course
13
amount, but only if the eligible student completes the course and receives
14
credit for the course prior to leaving school or graduating from high school.
15
(C) For non-completion prior to leaving school or
16
graduating from high school, the course provider shall receive only fifty
17
percent (50%) of the amount of tuition paid upon eligible student enrollment
18
in the course.
19
(4)(A) The remaining ten percent (10%) of the per-pupil amount
20
according to the pro rata share as determined each year by foundation
21
funding, established under § 6-20-2305, allotted per student for a public
22
school district in which an eligible student resides shall remain with the
23
public school in which the eligible student is enrolled full time.
24
(B) The amount under subdivision (e)(4)(A) of this section
25
shall be in addition to the ten percent (10%) provided under subsection (c)
26
of this section.
27
28
Subchapter 18 — High School Career-Ready Pathways to Diploma
29
30
6-16-1801. Career-ready pathways description.
31
(a) Beginning with the ninth grade class of 2024-2025, a public high
32
school student shall have the option to earn a high school diploma through a
33
career-ready pathway.
34
(b) The Division of Elementary and Secondary Education, in
35
consultation with other relevant state agencies and subject to the approval
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of the State Board of Education, shall develop a career-ready pathway to a
1
high school diploma in Arkansas’s high schools, which shall include:
2
(1) Challenging academic courses; and
3
(2) Modern career and technical studies aligned with high-wage,
4
high-growth jobs in Arkansas.
5
(c) A career-ready pathway shall be informed by the division’s annual
6
audit of the state’s career pathways.
7
(d) The state board shall adopt course and curriculum requirements for
8
career-ready pathways offered by public school district boards of directors
9
and open-enrollment public charter schools that are aligned with the
10
requirements of this subchapter.
11
(e)(1) A public school district shall issue a diploma to a student who
12
successfully completes the requirements established by the state board for a
13
career-ready pathway.
14
(2)(A) A diploma issued to a student under subdivision (d)(1)(B)
15
of this section shall be given the same status and recognition for purposes
16
of the Arkansas Educational Support and Accountability Act, § 6-15-2901 et
17
seq., as is given a standard diploma issued by a public school district.
18
(B) A public school district or open-enrollment public
19
charter school shall not be penalized in any manner for students who are
20
issued a diploma through a career-ready pathway.
21
22
6-16-1802. Early exposure to career-ready pathways.
23
(a)(1) To prepare students for choosing a career option at the high-
24
school level, in grades six through eight (6-8), each public school district
25
and open-enrollment public charter school shall incorporate career awareness
26
and exploration activities that expose students to career and technical and
27
academic fields of study, which may include without limitation the following:
28
(A) Field trips;
29
(B) Guest speakers;
30
(C) Community services;
31
(D) Dedicated curricula; and
32
(E) Other activities designed to introduce students to
33
occupations that are found to be in demand in Arkansas.
34
(2) The State Board of Education shall determine the minimum
35
number and type of activities required under subdivision (a)(1) of this
36
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section.
1
(b) Each public school district and open-enrollment public charter
2
school with an approved career-ready pathway shall annually conduct an
3
informational meeting for the parents, legal guardians, and persons standing
4
in loco parentis to students enrolled in the eighth grade regarding the
5
approved curriculum offered by the public school district or open-enrollment
6
public charter school.
7
8
6-16-1803. Career-ready pathway requirements.
9
(a) A career-ready pathway to a diploma shall:
10
(1) Provide a student with credentials of value in a desired
11
high-wage, high-growth career and a strong academic core;
12
(2) Be offered to each high school student;
13
(3) Prepare students to:
14
(A) Pursue either a degree or certification from:
15
(i) A institution of higher education;
16
(ii) An industry-based training or certification;
17
(iii) An apprenticeship; or
18
(iv) The military; or
19
(B) Immediately enter a career field; and
20
(4) Be primarily designed for students who are seeking stackable
21
credentials to be successful in a career.
22
(b)(1) Each public school district shall develop and offer at least
23
one (1) career-ready pathway that is aligned to state and regional workforce
24
demands, according to rules adopted by the State Board of Education.
25
(2) Each open-enrollment public charter school may develop and
26
offer at least one (1) career-ready pathway that is aligned to state and
27
regional workforce demands, according to state board rules.
28
(c) Public school districts and open-enrollment public charter
29
schools, in partnership with local business and industry leaders, local
30
economic development agencies, and postsecondary education leaders, shall:
31
(1) Review career-ready pathways offered by the public school
32
districts and open-enrollment public charter schools; and
33
(2) Expand offerings as appropriate, including without
34
limitation:
35
(A) Courses offered through articulation;
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(B) Concurrent enrollment courses;
1
(C) Industry training programs; and
2
(D) Digital learning opportunities.
3
(d) A public school student in a career-ready pathway shall complete
4
an academic core of courses and a career and technical sequence of courses or
5
an approved training program that leads to an approved, industry-based
6
credential in a high-wage, high-growth field.
7
8
6-16-1804. Methods of program development — Options to aid in
9
curriculum design — Career-ready pathway teachers.
10
(a) To develop and implement a career-ready pathway program, public
11
school districts and open-enrollment public charter schools may:
12
(1) Work as a system in developing a district-wide or school-
13
wide program;
14
(2) Work as individual schools in developing individual school
15
programs;
16
(3) Work as groups of high schools in developing consortia
17
programs; or
18
(4) Partner with a career and technical education program or
19
community college.
20
(b)(1) The faculty for a career-ready pathway shall include career and
21
technical instructors and other teachers who have received the appropriate
22
staff development or in-service training to enable them to teach career-ready
23
pathway courses, including specific certifications where relevant.
24
(2) Public school districts and open-enrollment public charter
25
schools may employ content experts who hold a certification or credential
26
relevant to a specific career-pathway program.
27
(c) A teacher hired to teach a career-ready pathway course shall be
28
given appropriate staff development and in-service training.
29
(d) Whenever a teacher is unavailable to teach a career-ready pathway
30
course, the career-ready pathway course may be taught in partnership with
31
another public school, public school district, or educational entity,
32
including through the aid of technology and computer software whenever
33
possible.
34
35
6-16-1805. Reimbursement for workers’ compensation insurance premiums.
36
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(a) A public school student who is in a work-based learning
1
opportunity that is provided in coordination with a public school district or
2
open-enrollment public charter school shall be covered by the workers’
3
compensation insurance of his or her employer as provided in the Workers'
4
Compensation Law, § 11-9-101 et seq.
5
(b) For purposes of §§ 6-17-1401 and 11-9-102, a public school
6
district and open-enrollment public charter school shall be considered an
7
employer, as applicable, and a student an employee, when the student is
8
providing services under a work-based learning opportunity provided in
9
coordination with the public school district or open-enrollment public
10
charter school.
11
(c) Subject to legislative appropriation, the Department of Education
12
may reimburse employers, including without limitation public school districts
13
and open-enrollment public charter schools, for the proportionate cost of
14
workers’ compensation premiums for students in work-based learning
15
opportunities in accordance with department rules.
16
17
6-16-1806. Long-term value of a career-ready pathway.
18
(a) To ensure that a career-ready pathway to a diploma adequately
19
prepares public school students for high-wage, high-growth opportunities
20
within Arkansas, the Arkansas Workforce Development Board, in consultation
21
with the Department of Education, shall develop a system for collecting,
22
analyzing, and reporting the public school student outcomes associated with
23
the completion of high-wage, high-growth career-ready pathways under this
24
subchapter.
25
(b) The system required under subsection (a) of this section shall
26
include without limitation the:
27
(1) Hiring and retention of students and graduates within their
28
respective fields of training; and
29
(2) Remediation courses taken, including both quantity and type,
30
for career-ready high school graduates entering postsecondary institutions.
31
(c) Data collected under this section shall be used to inform:
32
(1) Adjustments, approvals, and denials of high-wage, high-
33
growth career-ready pathways to diplomas approved for high school graduation;
34
and
35
(2) Accountability measures for high schools.
36
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1
Subchapter 19 — Community Service Diploma Requirement
2
3
6-16-1901. Community service diploma requirement.
4
(a) Beginning with the graduating class of 2026-2027, a public high
5
school student shall complete a minimum of seventy-five (75) clock hours of
6
documented community service in grades nine through twelve (9-12), as
7
certified by the service agency or organization with which the public school
8
student volunteers, in order to graduate.
9
(b) The community service required under subsection (a) of this
10
section shall:
11
(1) Be in programs or activities, either in Arkansas or outside
12
of Arkansas, that meet the requirements established by the State Board of
13
Education and each public school district board of directors; and
14
(2) Include preparation, action, and reflection components.
15
(c)(1) Students transferring into a public school district after grade
16
nine (9) or students graduating early may receive a diploma provided that the
17
minimum requirement for each year they attend the public school district is
18
met.
19
(2) The minimum number of community service hours for each grade
20
level shall be:
21
(A) Fifteen (15) hours for students in grade nine (9);
22
(B) Twenty (20) hours for students in grade ten (10);
23
(C) Twenty (20) hours for students in grade eleven (11);
24
and
25
(D) Twenty (20) hours for students in grade twelve (12).
26
27
6-16-1902. Waivers — Rules.
28
(a)(1) A public school district board of directors may grant a waiver
29
of this requirement for extenuating circumstances on a case-by-case basis.
30
(2) Extenuating circumstances permitted under subdivision (a)(1)
31
of this section may include without limitation:
32
(A) A major illness associated with a student or a family
33
member of a student;
34
(B) Student homelessness or housing insecurity; and
35
(C) Notice to the state board if the student is a major
36
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contributor to family income.
1
(b) A public school district board of directors may promulgate rules
2
necessary for the implementation of this subchapter.
3
4
SECTION 21. Arkansas Code Title 6, Chapter 17, Subchapter 1, is
5
amended to add additional sections to read as follows:
6
6-17-122. Paid maternity leave.
7
(a) Education personnel employed by a public school district or open-
8
enrollment public charter school that elect to participate under this section
9
shall be eligible for up to twelve (12) weeks of paid maternity leave.
10
(b) As used in this section:
11
(1) “Cost-sharing” means joint, equal responsibility for the
12
cost shared between the State of Arkansas and a public school district or
13
open-enrollment public charter school that employs an individual considered
14
education personnel under this section;
15
(2) “Education personnel” means an individual employed full-time
16
by a public school district or open-enrollment public charter school in
17
Arkansas for more than one (1) year; and
18
(3) “Maternity leave” means partially or fully compensated time
19
away from work within the first twelve (12) weeks following the:
20
(A) Birth of a biological child to an individual
21
considered education personnel under this section; or
22
(B) Placement of an adoptive child in the home of an
23
individual considered education personnel under this section.
24
(c)(1) The Division of Elementary and Secondary Education shall create
25
and sign a standard cost-sharing agreement for paid maternity leave expenses
26
between the division and a public school district or open-enrollment public
27
charter school that elects to participate under this section.
28
(2) At a minimum, the cost-sharing agreement required under
29
subdivision (c)(1) of this section shall obligate the state and the public
30
school district or open-enrollment public charter school to each pay fifty
31
percent (50%) of incurred costs for approved paid maternity leave.
32
(3) The division shall promulgate rules outlining:
33
(A) Management of a cost-sharing agreement required under
34
subdivision (c)(1) of this section;
35
(B) Reimbursement processes; and
36
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(C) Other related procedures required to implement this
1
section.
2
3
6-17-123. Superintendent performance targets.
4
(a) Each local school district board of directors shall establish, as
5
part of a superintendent’s contract of employment, written performance
6
targets for the public schools at both the school level and district level
7
that include without limitation the following:
8
(1) Student achievement for the entire public school district;
9
(2) Student achievement for public schools within the public
10
school district that have received any variation of a school performance
11
letter grade designation of "C", "D", or "F" under §§ 6-15-2105 and 6-15-2106
12
and State Board of Education rules;
13
(3) Graduation rates for the entire public school district; and
14
(4) Graduation rates for public schools within the public school
15
district that have received any variation of a school performance letter
16
grade designation of "C", "D", or "F" under §§ 6-15-2105 and 6-15-2106 and
17
state board rules.
18
(b) Each local school district board of directors shall:
19
(1) Publish the school district superintendent's current
20
contract of employment on the school district website; and
21
(2) Submit a copy of the current contract of employment of the
22
school district superintendent to the Commissioner of Elementary and
23
Secondary Education.
24
(c) A contract of employment executed, negotiated, or renegotiated
25
after July 1, 2023, between a local school district board of directors and a
26
superintendent that does not meet the requirements established in this
27
section shall be null and void.
28
29
SECTION 22. Arkansas Code § 6-17-204(c)(2)(B)(ii), concerning
30
personnel policies incorporated into teachers' contracts, is amended to read
31
as follows:
32
(ii)(a) A provision that states that due to the
33
policy change, each continuing employee under contract shall have the power
34
to unilaterally exercise the power of rescission within a period of thirty
35
(30) days after the school district board of directors takes final action by
36
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providing to the school district board of directors a notice of rescission in
1
the form of a letter of resignation during the period of thirty (30) days.
2
(b) For continuing contract employees covered
3
under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., the power
4
of rescission in this section shall be in addition to the power of rescission
5
provided under § 6-17-1506.
6
7
SECTION 23. Arkansas Code § 6-17-410(g), concerning mandatory
8
reporting of disqualifying offenses, is amended to read as follows:
9
(g)(1) The superintendent of each school district or open-enrollment
10
public charter school shall report to the state board the name of any person
11
holding a license issued by the state board and currently employed or
12
employed during the two (2) previous school years by the school district or
13
open-enrollment public charter school who:
14
(A) Has pleaded guilty or nolo contendere to or has been
15
found guilty of a felony or any misdemeanor listed in subsection (c) of this
16
section;
17
(B) Has been arrested or charged with a felony or any
18
misdemeanor listed in subsection (c) of this section;
19
(B)(C) Holds a license obtained by fraudulent means;
20
(C)(D) Has had a similar license revoked in another state;
21
(D)(E) Has intentionally compromised the validity or
22
security of any student test or testing program administered or required by
23
the Division of Elementary and Secondary Education;
24
(E)(F) Has knowingly submitted falsified information or
25
failed to submit information requested or required by law to the Division of
26
Elementary and Secondary Education, the state board, or Arkansas Legislative
27
Audit;
28
(F)(G) Has failed to establish or maintain the necessary
29
requirements and standards set forth in Arkansas law or Division of
30
Elementary and Secondary Education rules for teacher licensure; or
31
(G)(H) Has a true report in the Child Maltreatment Central
32
Registry.
33
(2) Failure of a superintendent to report information as
34
required by this subsection may result in sanctions imposed by the state
35
board.
36
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(3)(A) If an arrest or charge is reported in accordance with
1
subdivision (g)(1)(B) of this section, the Division of Elementary and
2
Secondary Education shall indicate in the Arkansas Educator Licensure System
3
that the person's employment eligibility is pending or under review.
4
(B) When a license holder's criminal case is resolved, the
5
license holder's eligibility status shall be updated in accordance with
6
Division of Elementary and Secondary Education rules.
7
8
SECTION 24. Arkansas Code § 6-17-414(f), concerning mandatory
9
reporting of disqualifying offenses, is amended to read as follows:
10
(f)(1) The superintendent or director of an educational entity or a
11
third party third-party vendor shall report to the state board the name of
12
any person currently employed by the educational entity who has:
13
(A) Has pleaded Pleaded guilty or nolo contendere to or
14
has been found guilty of a felony or any misdemeanor listed in subsection (b)
15
of this section;
16
(B) Been arrested or charged with any felony or
17
misdemeanor listed in subsection (b) of this section;
18
(B)(C) Has intentionally Intentionally compromised the
19
validity or security of any student test or testing program administered or
20
required by the Division of Elementary and Secondary Education;
21
(C)(D) Has knowingly Knowingly submitted falsified
22
information or failed to submit information requested or required by law to
23
the Division of Elementary and Secondary Education, the state board, or
24
Arkansas Legislative Audit; or
25
(D)(E) Has a A true report in the Child Maltreatment
26
Central Registry.
27
(2) The failure of a superintendent or director to report
28
information as required by this subsection may result in sanctions imposed by
29
the state board.
30
(3)(A) If an arrest or charge is reported in accordance with
31
subdivision (f)(1)(B) of this section, the Division of Elementary and
32
Secondary Education shall indicate in the Arkansas Educator Licensure System
33
that the person's employment eligibility is pending or under review.
34
(B) When a person's criminal case is resolved, the
35
person's eligibility status shall be updated in accordance with Division of
36
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Elementary and Secondary Education rules.
1
2
SECTION 25. Arkansas Code § 6-17-428(a)(2), concerning the definition
3
of an "educator" with regard to ethical violations of teachers, is amended to
4
read as follows:
5
(2) “Educator” means, at the time of the alleged violation:
6
(A) A person holding a valid Arkansas standard teaching
7
license, ancillary license, provisional license, technical permit, or
8
administrator's license issued by the State Board of Education, even if the
9
license expires during the pendency of the ethics complaint process;
10
(B) A preservice teacher;
11
(C) An individual employed under a waiver from licensure
12
as a teacher of record or as an administrator; or
13
(D) A person employed under an emergency teaching permit;
14
or
15
(E) A person who is a registered volunteer who will be
16
working with students in an athletic coaching capacity or is in the process
17
of obtaining a coaching certificate through the Arkansas Activities
18
Association and is assisting with students in a coaching capacity in a public
19
school athletic program;
20
21
SECTION 26. Arkansas Code § 6-17-428(p), concerning mandatory
22
reporting of ethical violations, is amended to read as follows:
23
(p)(1) As used in this subsection:
24
(A) “Acted upon” means that the State Board of Education
25
has taken an action to address an ethics complaint by revoking, suspending,
26
or imposing another sanction upon an educator's license;
27
(B) “School hiring officer” means the person designated by
28
a school who is responsible for hiring or making final recommendations for
29
the hiring of an educator who holds an Arkansas teaching or administrator's
30
license;
31
(C) “Sexual abuse” has the same meaning as given to the
32
term in § 12-18-103(20)(D) as it applies to a caretaker but shall include a
33
victim who is eighteen (18) years of age or older and is still a student; and
34
(D) “Student” means a person who is enrolled in a public
35
or private school in any level from prekindergarten through grade twelve
36
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(preK-12); and
1
(E)(i) "Substantiated allegation" means observance of or
2
reasonable cause to believe that a violation of the code of ethics has
3
occurred.
4
(ii) The completion of an investigation is not
5
required in order for an allegation to be a substantiated allegation.
6
(iii) A substantiated allegation may be a
7
preliminary determination made by a public school.
8
(2) The code of ethics shall include without limitation the
9
following provisions:
10
(A) A standard that an educator maintains a professional
11
relationship with each student, both in and outside the classroom;
12
(B) An Within twenty-four (24) hours of a matter coming to
13
the attention of a public school supervisor, an educator in a supervisory
14
role in an Arkansas school shall file an ethics complaint if he or she
15
observes or, has reasonable cause to suspect, or there is a substantiated
16
allegation that an educator has violated the standard in subdivision
17
(p)(2)(A) of this section involving the sexual abuse of a student; and
18
(C) The failure to submit an ethics complaint under
19
subdivision (p)(2)(B) of this section is a violation of the code of ethics.
20
(3)(A)(i) The division shall establish and maintain a website
21
providing a school hiring officer with the ability to determine if the:
22
(a) The State Board of Education has acted
23
upon an ethics complaint concerning a violation of the standard in
24
subdivision (p)(2)(A) of this section involving the sexual abuse of a student
25
by an applicant for employment who holds an Arkansas teaching or
26
administrator's license or an individual intending to be employed under a
27
waiver from licensure as a teacher of record or as an administrator; and
28
(b) An applicant for employment has a pending
29
ethics complaint regarding a violation of the standard in subdivision
30
(p)(2)(A) of this section.
31
(ii) The website shall identify the action taken on
32
the ethics complaint.
33
(B) Before an educator who holds an Arkansas teaching
34
license or administrator's license or an individual intending to be employed
35
under a waiver from licensure as a teacher of record or as an administrator
36
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may be hired for employment at an Arkansas school, the school hiring officer
1
shall check the website maintained by the division under subdivision
2
(p)(3)(A) of this section to determine whether the:
3
(i) The State Board of Education has acted upon a
4
violation of the standard in subdivision (p)(2)(A) of this section involving
5
the sexual abuse of a student by the applicant; and
6
(ii) An applicant for employment has a pending
7
ethics complaint regarding a violation of the standard in subdivision
8
(p)(2)(A) of this section.
9
10
SECTION 27. Arkansas Code § 6-17-429(g), concerning the Right to Read
11
Act, is amended to add an additional subdivision to read as follows:
12
(3) By the beginning of the 2023-2024 school year, any public
13
school district or open-enrollment public charter school that is using a
14
curriculum program that is not from the division's approved list created
15
under subsection (f) of this section shall notify all parents, legal
16
guardians, and persons standing in loco parentis to students in writing and
17
on the public school district's or open-enrollment public charter school's
18
website.
19
20
SECTION 28. Arkansas Code § 6-17-429(i)(2), concerning providers of
21
state-approved educator preparation programs under the Right to Read Act, is
22
amended to read as follows:
23
(2)(A) A provider of a state-approved educator preparation
24
program, graduate program, or alternative preparation program that does not
25
comply with the requirements of this section may be subject to penalties up
26
to and including having the provider's approval status revoked.
27
(B) The division shall audit each program under
28
subdivision (i)(2)(A) of this section at least one (1) time every three (3)
29
years to verify compliance with this section.
30
31
SECTION 29. Arkansas Code § 6-17-429(j)-(l), concerning the Right to
32
Read Act, are amended to read as follows:
33
(j) Beginning with the 2023-2024 school year, with full implementation
34
no later than the 2025-2026 school year, the division shall:
35
(1)(A) Ensure that every kindergarten through grade three (K-3)
36
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teacher in a public school earning a “D” or “F” rating under § 6-15-2105 or §
1
6-15-2106 or state board rules or a low-performing public school based on
2
results of the public school's kindergarten through grade three (K-3)
3
literacy screener required by this section, as identified by the division,
4
has access to a literacy coach to support increased literacy rates through
5
coaching for teachers and administrators.
6
(B) Subject to legislative appropriation, the division
7
shall provide, train, and assign literacy coaches to low-performing public
8
schools based on results of the public school's kindergarten through grade
9
three (K-3) literacy screener required by this section, which shall be based
10
on criteria established by the division.
11
(C) A literacy coach shall have without limitation:
12
(i) Expertise in both pedagogy and the science of
13
reading;
14
(ii) Evidence of success in coaching and classroom
15
instruction;
16
(iii) An understanding of learning disabilities in
17
reading; and
18
(iv) An understanding of the child find mandate of
19
the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as
20
it existed on January 1, 2023.
21
(D) A literacy coach shall:
22
(i) Leverage knowledge of evidence-based instruction
23
and practices aligned to the science of reading to support teachers in
24
maximizing student learning;
25
(ii) Engage in instructional coaching cycles with
26
teachers to build capacity for classroom instructional practices;
27
(iii) Deliver consistent and frequent job-embedded
28
professional learning;
29
(iv) Design and facilitate relevant and cohesive
30
professional learning sessions to strengthen the implementation of evidence-
31
based instructional practices aligned to the science of reading with
32
teachers;
33
(v) Assist teachers in analyzing data to inform
34
instructional adjustments;
35
(vi) Partner with teachers to integrate professional
36
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learning into classroom practice;
1
(vii) Work with teachers to ensure effective
2
communication strategies and resource sharing with parents, legal guardians,
3
and persons standing in loco parentis to students;
4
(viii) Partner with a public school principal or
5
designated leader to connect school-wide literacy goals with evidence-based
6
instruction and practices aligned to the science of reading;
7
(ix) Provide feedback on teachers’ evidence-based
8
instruction and practices that may be used for teacher evaluations;
9
(x) Actively participate in professional learning
10
experiences to deepen knowledge and skills for coaching;
11
(xi) Be compensated on a competitive salary schedule
12
to be determined by the division;
13
(xii) Receive a yearly bonus of up to ten thousand
14
dollars ($10,000) based on measurable performance outcomes; and
15
(xiii) Meet performance criteria established by the
16
division.
17
(E) A literacy coach may be employed by the division
18
directly or by contract.
19
(F) Public school districts and open-enrollment public
20
charter schools identified by the division to have access to a literacy coach
21
under subdivision (j)(1)(A) of this section shall agree to involve the public
22
school, public school district, and open-enrollment public charter school
23
leadership team as directed by the division; and
24
(2)(A)(i) Establish a literacy tutoring grant program to provide
25
funds for supplemental educational services for eligible students.
26
(ii) As used in this section, "eligible student"
27
means any student enrolled in public school in kindergarten through grade
28
three (K-3) who:
29
(a) Is determined to not meet the reading
30
standard, as defined by the state board;
31
(b) Is determined to be at risk for reading
32
difficulties according to the results of a high-quality literacy screener, as
33
provided under this section; or
34
(c) Has received a good cause exemption for
35
promotion to grade four (4), pending the availability of funds.
36
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(B) The literacy tutoring grant created under subdivision
1
(j)(2)(A) of this section shall be in the amount of five hundred dollars
2
($500) per eligible student per year on a first-come, first-served basis,
3
with priority given to eligible students who are to be retained in third
4
grade.
5
(C) The division shall administer and implement the
6
literacy tutoring grant created under subdivision (j)(2)(A) of this section
7
according to rules developed and adopted by the state board, which shall
8
require the division to:
9
(i) Evaluate a student's eligibility for the
10
literacy tutoring grant created under subdivision (j)(2)(A) of this section;
11
(ii) Develop an application process for students and
12
providers and to accept applications;
13
(iii)(a) Evaluate providers of supplemental
14
educational services, including without limitation those with expertise in
15
early literacy, to determine the providers' initial and continued eligibility
16
for payments.
17
(b) The division shall establish minimum
18
criteria by which approved providers shall be evaluated to ensure
19
effectiveness of a literacy tutoring grant program created under subdivision
20
(j)(2)(A) of this section in improving eligible students’ reading abilities,
21
including without limitation performance on the Arkansas annual reading
22
assessment or other literacy assessments approved by the division.
23
(c) A provider that fails to demonstrate
24
improvement in eligible students' reading abilities for two (2) consecutive
25
years shall be deemed ineligible to participate in the literacy tutoring
26
grant program created under subdivision (j)(2)(A) of this section;
27
(iv)(a) Remit payments to approved providers for
28
services rendered to eligible students in the literacy tutoring grant program
29
created under subdivision (j)(2)(A) of this section.
30
(b) The division shall establish criteria for
31
prioritizing eligible students if the number of applicants exceeds available
32
funding for literacy tutoring grants;
33
(v) Notify the governing authority of each public
34
school district and open-enrollment public charter school of the application
35
process, requirements, and deadlines for a literacy tutoring grant for
36
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parents, legal guardians, or persons standing in loco parentis to a student;
1
(vi) Remit payment for services provided, up to a
2
maximum of five hundred dollars ($500) per eligible student per school year,
3
which may be used for any of the following purposes designed to improve
4
reading or literacy skills:
5
(a) Online or in-person, high-dosage tutoring
6
services from a list of state-approved providers whose employees are trained
7
in the science of reading and hold:
8
(1) Valid teaching certificates in
9
either elementary education or reading; or
10
(2) Baccalaureate or graduate degrees in
11
education, English, or another subject area indicative of expertise in
12
reading and literacy; or
13
(b) Evidence-based digital literacy
14
applications or software programs from a list of state-approved programs that
15
are in alignment with the science of reading;
16
(vii) Develop and curate a list of approved tutoring
17
providers and evidence-based digital literacy applications or software
18
programs that are in alignment with the science of reading that will be
19
updated on a regular basis; and
20
(viii) Develop a procedure for verification that
21
eligible students who received a literacy tutoring grant received the
22
services or materials for which payments were made.
23
(D) By no later than October 1 of each year, or as soon as
24
practicable if a student's reading need is identified after October 1, each
25
public school district and open-enrollment public charter school shall notify
26
the parent, legal guardian, or person standing in loco parentis to a student
27
regarding:
28
(i) Each student who is eligible to participate in
29
the literacy tutoring grant program created under subdivision (j)(2)(A) of
30
this section;
31
(ii) The process for applying for the literacy
32
tutoring grant program created under subdivision (j)(2)(A) of this section;
33
and
34
(iii) Other information provided by the division.
35
(k) Beginning with the 2023-2024 school year, with full implementation
36
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no later than the 2025-2026 school year, public school districts and open-
1
enrollment public charter schools shall:
2
(1) Notify all parents, legal guardians, or persons standing in
3
loco parentis to a student, in writing, in a parent-friendly manner, of their
4
student’s reading progress each time the student is assessed throughout the
5
year using high-quality literacy screener results, as required by § 6-15-
6
2907(a)(2) and § 6-15-2006(a)(1)(C);
7
(2)(A) Develop an individual reading plan for each student in
8
kindergarten through grade three (K-3) who does not meet the reading standard
9
as:
10
(i) Determined by the state board; and
11
(ii) Measured by a high-quality literacy screener or
12
the state annual accountability assessment.
13
(B) An individual reading plan shall include:
14
(i) The student's specific, diagnosed reading skill
15
needs, including without limitation:
16
(a) Phonemic awareness;
17
(b) Phonics decoding;
18
(c) Text reading fluency;
19
(d) Vocabulary-building strategies; and
20
(e) Self-regulated use of reading
21
comprehension strategies, as identified by high-quality literacy screener
22
data;
23
(ii) The goals and benchmarks for the student's
24
growth;
25
(iii) How the student's progress will be monitored
26
and evaluated;
27
(iv) The type of additional instructional services
28
and interventions the student may receive;
29
(v) The intensive, evidence-based literacy
30
intervention program aligned to the science of reading the student's teacher
31
will use to address the areas of phonemic awareness, phonics, fluency,
32
vocabulary, and comprehension;
33
(vi) The strategies the student's parents, legal
34
guardians, or persons standing in loco parentis to the student are encouraged
35
to use in assisting the student to achieve the student's reading goal; and
36
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(vii) Any additional services the student's teacher
1
determines are available and appropriate to accelerate the student's reading
2
skill development;
3
(3) Notify all parents, legal guardians, or persons standing in
4
loco parentis to a student in writing of the content of their child's
5
independent reading plan and progress on the independent reading plan
6
throughout the year; and
7
(4) By the beginning of the 2024-2025 school year, report to the
8
division the:
9
(A) Types of interventions used; and
10
(B) Students receiving each type of intervention.
11
(l)(1) By the beginning of the 2025-2026 school year, if a public
12
school student has not met the third-grade reading standard, as defined by
13
the state board, or the student does not have a good-cause exemption, as
14
provided under this subsection, the student shall not be promoted to fourth
15
grade.
16
(2)(A) A student in grade three (3) who does not meet the
17
reading standard for promotion to fourth grade may be promoted by the school
18
district for good cause.
19
(B) A good-cause exemption for promotion shall be limited
20
to the following students:
21
(i) Limited English Proficiency students who have
22
had less than three (3) years of instruction in an English language learner
23
program;
24
(ii) Students with a disability who are not eligible
25
for the alternate assessment and who have an individualized education program
26
or a 504 plan that reflects that the individual student:
27
(a) Has received an intensive, evidence-based
28
literacy intervention program aligned to the science of reading for more than
29
two (2) years; and
30
(b) Still demonstrates a need in reading
31
proficiency or previously was retained in kindergarten, grade one (1), grade
32
two (2), or grade three (3);
33
(iii) Students who:
34
(a) Have received an intensive, evidence-based
35
literacy intervention program aligned to the science of reading for two (2)
36
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or more years;
1
(b) Still demonstrate a need in reading
2
proficiency and who previously were retained in kindergarten, grade one (1),
3
grade two (2), or grade three (3);
4
(c) Have received a special education referral
5
and a full comprehensive evaluation; and
6
(d) Have not met exceptional education
7
criteria;
8
(iv) Students who have already been retained in
9
kindergarten, grade one (1), grade two (2), or grade three (3) for one (1)
10
year;
11
(v)(a) Students who can demonstrate that they are
12
successful and independent readers and can perform at or above grade level.
13
(b) A public school district and open-
14
enrollment public charter school may use certain tools in reevaluating a
15
student in accordance with state board rules, which shall include without
16
limitation subsequent student assessments or alternative assessments; and
17
(vi) Other students with necessary, justifiable
18
good-cause exemptions identified as appropriate by the state board, in
19
consultation with reading experts.
20
(3) For each student who does not meet the reading standard
21
established by the state board by the end of third grade, including students
22
who are promoted with good-cause exemptions to the fourth grade, during the
23
subsequent summer and school year, the public school district or open-
24
enrollment public charter school in which the student is enrolled shall:
25
(A) Provide at least ninety (90) minutes of evidence-based
26
literacy instruction aligned to the science of reading during each school
27
day;
28
(B) Assign the student to a teacher with a value-added
29
model score in the top quartile statewide in English language arts for the
30
past three (3) years, or if the public school district or open-enrollment
31
public charter school is unable to identify a teacher with a value-added
32
model score in the top quartile statewide in English language arts for the
33
past three (3) years, assign the student to a teacher with a highly effective
34
rating according to the Teacher Excellence and Support System, § 6-17-2801 et
35
seq. where possible;
36
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(C)(i) Provide parents, legal guardians, or persons
1
standing in loco parentis to students with a “read-at-home” plan to support
2
student early literacy growth.
3
(ii) A “read-at-home” plan shall include evidence-
4
based science of reading strategies and tools that are aligned to a student’s
5
individual reading plan for parents, legal guardians, or persons standing in
6
loco parentis to a student to use with their children;
7
(D) Identify eligible students for literacy tutoring
8
grants as established by this section and notify parents, legal guardians, or
9
persons standing in loco parentis to a student regarding their child's
10
eligibility;
11
(E) Be given priority to receive a literacy tutoring grant
12
under this section; and
13
(F) Be given the option to participate in additional
14
intensive, evidence-based literacy intervention programs aligned to the
15
science of reading.
16
(j)(m) The division shall:
17
(1) Enforce this section; and
18
(2) Promulgate rules to implement this section; and
19
(3) Contract with a vendor to conduct an annual independent
20
evaluation to identify and assess strategies that the state, public school
21
districts, and open-enrollment public charter schools have taken to support
22
Arkansas students in reading at grade level by the end of grade three (3).
23
(k)(n) As used in this section:
24
(1) “Science of reading” means the study of the relationship
25
between cognitive science and educational outcomes; and
26
(2) “Structured literacy” means an approach by which licensed
27
personnel teach reading in an explicit, systematic, cumulative, and
28
diagnostic manner.
29
(l)(1)(o)(1) The Secretary of the Department of Education shall hire
30
an Education Ombudsman to assist the division in the enforcement of this
31
section, including without limitation enforcing the requirements for:
32
(A) Demonstrating proficiency;
33
(B) Providing professional development; and
34
(C) Using a permitted program of instruction.
35
(2) The secretary may designate additional requirements related
36
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to public education, including without limitation the enforcement of literacy
1
requirements.
2
(3) The secretary shall supervise the Education Ombudsman and
3
shall not delegate supervision to an employee of the division.
4
(4)(A) The minimum qualifications for the Education Ombudsman
5
shall include a master's degree in:
6
(i) Education; or
7
(ii) A related field.
8
(B) An individual who has served as a past public school
9
district superintendent or who serves as a current public school district
10
superintendent is not eligible to serve as the Education Ombudsman under this
11
section.
12
(5) The Education Ombudsman may:
13
(A) Communicate with:
14
(i) A public school student, with permission from a
15
parent, legal guardian, or person standing in loco parentis of the public
16
school student;
17
(ii) A parent, legal guardian, or person standing in
18
loco parentis of a public school student; and
19
(iii) Administration, faculty, and staff employed by
20
a public school district or open-enrollment public charter school;
21
(B) Review an issue or concern related to the education of
22
a public school student enrolled in a public school or open-enrollment public
23
charter school;
24
(C) Recommend training and resources to a public school,
25
public school district, or open-enrollment public charter school; and
26
(D) Request support and assistance from the division to be
27
provided to a public school, public school district, or open-enrollment
28
public charter school.
29
(6)(A) The Education Ombudsman shall prepare and submit an
30
annual report to the state board concerning the work of the Education
31
Ombudsman and any recommendations related to the focus areas of the Education
32
Ombudsman.
33
(B) The report required under subdivision
34
(l)(6)(A)(o)(6)(A) of this section shall be submitted every two (2) years to
35
the:
36
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(i) House Committee on Education; and
1
(ii) Senate Committee on Education.
2
(p) The state board may promulgate rules to implement this section.
3
4
SECTION 30. Arkansas Code Title 6, Chapter 17, Subchapter 4, is
5
amended to add an additional section to read as follows:
6
6-17-431. Numeracy.
7
(a) By the 2023-2024 school year, each public school district and
8
open-enrollment public charter school shall:
9
(1)(A) Develop a math intervention plan for each student in
10
grades three through eight (3-8) who is not performing at or above grade
11
level on the state assessment, as defined by the State Board of Education.
12
(B) The math intervention plan required under subdivision
13
(a)(1)(A) of this section may include without limitation the:
14
(i)(a) Provision of each student with access to
15
high-dosage, targeted math tutoring in the subsequent school year.
16
(b) High-dosage, targeted math tutoring
17
provided under subdivision (a)(1)(B)(i)(a) of this section shall mean three
18
(3) or more tutoring sessions a week in a one-on-one or small-group setting;
19
(ii) Assignment to a teacher with a value-added
20
model score in the top quartile statewide in math for the previous three (3)
21
years or, if a public school district or open-enrollment public charter
22
school is unable to find a teacher with a value-added model score in the top
23
quartile statewide in math for the previous three (3) years, assignment to a
24
teacher:
25
(a) With a highly-effective rating in the
26
Teacher Excellence and Support System, § 6-17-2801 et seq.; or
27
(b) Deemed to be a high-performing teacher as
28
defined by a Master Professional Educator designation; and
29
(iii) Provision of each student with extended time
30
on math instruction during or after school; and
31
(2) Provide written notification to all parents, legal
32
guardians, or persons standing in loco parentis to a student of their
33
student's math intervention plan and progress on his or her math intervention
34
plan throughout the school year.
35
(b) By the beginning of the 2024-2025 school year, each public school
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district and open-enrollment public charter school shall report to the
1
Division of Elementary and Secondary Education the:
2
(1) Type or types of math intervention used; and
3
(2) Number of students who are receiving each type of math
4
intervention.
5
(c) The state board may promulgate rules to implement this section.
6
7
SECTION 31. Arkansas Code § 6-17-811 is repealed.
8
6-17-811. Incentives for teacher recruitment and retention in high-
9
priority districts — Definitions.
10
(a) As used in this section:
11
(1) “High-priority district” means a public school district:
12
(A) In which eighty percent (80%) or more of public school
13
students are national school lunch students; and
14
(B)(i) Except as provided by subdivision (a)(1)(B)(ii) of
15
this section, that had a three-quarter average daily membership in the
16
previous year of one thousand (1,000) or fewer students.
17
(ii) In order to further the state's policy of
18
encouraging efficiency and the expansion of available course offerings that
19
might be achieved through the voluntary consolidation or annexation of school
20
districts, qualifying teachers in the resulting school district in an
21
approved voluntary consolidation under § 6-13-1404(a)(2) or § 6-13-1603(a) or
22
in a receiving district in an approved voluntary annexation under § 6-13-
23
1403(a)(2)-(4) or § 6-13-1603(a) shall continue to receive the funding
24
provided under this section if all school districts in the voluntary
25
consolidation or annexation were high-priority districts in the immediately
26
preceding school year, even if the average daily membership of the resulting
27
or receiving school district is one thousand (1,000) or above.
28
(iii) By April 15 of each year, the State Board of
29
Education shall determine the districts that qualify as high-priority
30
districts of the state;
31
(2)(A) “National school lunch students” means those students or
32
the percentage of enrolled students from low socioeconomic backgrounds as
33
indicated by eligibility for free or reduced-price meals under the National
34
School Lunch Act as determined on October 1 of each previous school year and
35
submitted to the Division of Elementary and Secondary Education, unless the
36
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school district is identified by the division as participating in the special
1
assistance certification and reimbursement alternative implemented under 42
2
U.S.C. § 1759a, as interpreted in 7 C.F.R. § 245.9.
3
(B) If the school district is participating under 42
4
U.S.C. § 1759a, then for purposes of this section the school district's
5
annual percentage of national school lunch students is equal to the
6
percentage submitted in the base year, which means the last school year for
7
which eligibility determinations were made and meal counts were taken by
8
type;
9
(3)(A) “New teacher bonus” means an incentive bonus provided
10
under subdivisions (b)(1)-(3) of this section to a teacher who is within the
11
first three (3) years of employment with a single high-priority district.
12
(B) A teacher is not entitled to receive a new teacher
13
bonus from any high-priority district other than the high-priority district
14
that first employed the teacher and paid the teacher a new teacher bonus;
15
(4) “Previous year” means the school year immediately preceding
16
the present school year;
17
(5) “Retention bonus” means an incentive bonus provided under
18
subdivision (b)(4) or subdivision (b)(5) of this section; and
19
(6)(A) “Teacher” means a licensed classroom teacher who spends
20
seventy percent (70%) of his or her time working directly with students in a
21
classroom setting teaching all grade-level or subject-matter appropriate
22
classes.
23
(B) “Teacher” includes a guidance counselor or librarian.
24
(b) At the end of the school year and upon completion of a licensed
25
teacher's contracted teaching obligations, a teacher who completes the entire
26
current school year teaching in a high-priority district may be entitled to
27
receive in addition to all other contracted salary and benefits:
28
(1) For a newly hired teacher who has not previously taught in a
29
high-priority district, a one-time signing bonus of five thousand dollars
30
($5,000) for the first year of service in the high-priority district, to be
31
paid upon completion of the full year of teaching;
32
(2) For a newly hired teacher who meets the requirements of
33
subdivision (b)(1) of this section, who continues to teach in the same high-
34
priority district, and who completes the second full year of contracted
35
teaching obligations, a new teacher bonus of four thousand dollars ($4,000)
36
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in addition to all other contracted salary and benefits;
1
(3) For a teacher who meets the requirements of subdivisions
2
(b)(1) and (2) of this section, who continues to teach in the same high-
3
priority district, and who completes a third year of contracted teaching
4
obligations, a new teacher bonus of four thousand dollars ($4,000) in
5
addition to all other contracted salary and benefits;
6
(4) For a teacher who meets the requirements of subdivisions
7
(b)(1)-(3) of this section and who enters his or her fourth or subsequent
8
year of service with the same high-priority district or begins employment
9
with a high-priority district other than the high-priority district where he
10
or she was employed at the time he or she received a new teacher bonus under
11
subdivisions (b)(1)-(3) of this section, a retention bonus of three thousand
12
dollars ($3,000) for the fourth and each subsequent complete year of service
13
in the high-priority district, to be paid at the end of the school year after
14
completing all contractual obligations; and
15
(5) For a teacher employed in a high-priority district who does
16
not meet the requirements of subdivisions (b)(1)-(3) of this section, a
17
retention bonus of three thousand dollars ($3,000) for each complete year of
18
service in the high-priority district, to be paid at the end of the school
19
year after completing all contractual obligations.
20
(c)(1) A teacher shall not be entitled to a bonus provided under this
21
section unless the teacher has fulfilled his or her contractual obligations
22
for the current school year.
23
(2) The superintendent of the high-priority district where the
24
teacher is employed shall certify in writing to the division that the teacher
25
has completed all contractual obligations for the school year.
26
(d) The division shall:
27
(1) Monitor the implementation of the incentive program
28
established by this section;
29
(2) Collect data to be used to evaluate the incentive program's
30
effectiveness; and
31
(3) Promulgate any necessary rules to administer the
32
requirements of the teacher recruitment and retention program.
33
(e)(1) The bonus amounts provided under this section are the maximum
34
amounts to be paid to qualifying teachers in high-priority districts and are
35
subject to the appropriation and availability of funding for the payment of
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the bonuses.
1
(2) If the funds appropriated and available for the payment of
2
the bonuses under this section are insufficient to pay the maximum bonus
3
amounts to each qualifying teacher, the division shall distribute the
4
available funding to qualified teachers on a pro rata basis.
5
6
SECTION 32. Arkansas Code § 6-17-812(b)(3)(C), concerning agreements
7
entered into by teachers to receive compensation for teaching more than the
8
maximum number of students permitted, is repealed.
9
(C) The provisions of The Teacher Fair Dismissal Act of
10
1983, § 6-17-1501 et seq., do not apply to an agreement entered into between
11
a teacher and a school district under this section.
12
13
SECTION 33. Arkansas Code Title 6, Chapter 17, Subchapter 15, is
14
repealed.
15
Subchapter 15 — The Teacher Fair Dismissal Act of 1983
16
17
6-17-1501. Title.
18
This subchapter shall be referred to and may be cited as “The Teacher
19
Fair Dismissal Act of 1983”.
20
21
6-17-1502. Definitions.
22
(a) As used in this subchapter:
23
(1)(A) “Probationary teacher” means a teacher who has not
24
completed three (3) successive years of employment in the school district in
25
which the teacher is currently employed.
26
(B) (i) A teacher employed in a school district in
27
this state for three (3) years shall be deemed to have completed the
28
probationary period.
29
(ii) However, an employing school district may, by a
30
majority vote of its directors, provide for one (1) additional year of
31
probationary status; and
32
(2) “Teacher” means any person, exclusive of the superintendent
33
or assistant superintendent, employed in an Arkansas public school district
34
who is required to hold a teaching license from the State Board of Education
35
as a condition of employment.
36
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(b) A teacher who has completed three (3) successive years of
1
employment in the school district in which the teacher is employed on July 4,
2
1983, or a teacher who has been given credit for a prior service in another
3
school district as authorized by subdivision (a)(1)(B)(i) of this section, is
4
deemed to have completed the required probationary period.
5
6
6-17-1503. Construction.
7
(a) The General Assembly finds:
8
(1) That the current standard, which requires cause that is not
9
arbitrary, capricious, or discriminatory for the nonrenewal, termination, or
10
suspension of a teacher, should be raised to a standard of just and
11
reasonable cause; and
12
(2) That the current standard for compliance with this
13
subchapter and a school district's personnel policies of strict compliance
14
should be lowered to substantial compliance.
15
(b) This subchapter is not a teacher tenure law in that it does not
16
confer lifetime appointment of teachers.
17
(c) A nonrenewal, termination, suspension, or other disciplinary
18
action by a school district shall be void unless the school district
19
substantially complies with all provisions of this subchapter and the school
20
district's applicable personnel policies.
21
22
6-17-1504. Evaluation — Effect.
23
(a) Each teacher employed by the board of directors of a school
24
district shall be evaluated in writing under the Teacher Excellence and
25
Support System, § 6-17-2801 et seq.
26
(b) At a time other than an evaluation conducted under the Teacher
27
Excellence and Support System, § 6-17-2801 et seq., if a superintendent or
28
other school administrator charged with the supervision of a teacher believes
29
or has reason to believe that the teacher is having difficulties or problems
30
meeting the expectations of the school district or its administration and the
31
administrator believes or has reason to believe that the problems could lead
32
to termination or nonrenewal of contract, the superintendent or other school
33
administrator shall:
34
(1) In writing, bring the problems and difficulties to the
35
attention of the teacher involved; and
36
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(2) Document the efforts that have been undertaken to assist the
1
teacher to correct whatever appears to be the cause for potential termination
2
or nonrenewal.
3
4
6-17-1505. Teacher personnel file.
5
(a) The school district shall maintain a personnel file for each
6
teacher which shall be available to the teacher for inspection and copying at
7
the teacher's expense during normal office hours.
8
(b) The teacher may submit for inclusion in the file written
9
information in response to any of the material contained therein.
10
11
6-17-1506. Contract renewal — Notice of nonrenewal — Rescission.
12
(a) Every contract of employment made between a teacher and the board
13
of directors of a school district shall be renewed in writing on the same
14
terms and for the same salary, unless increased or decreased by law, for the
15
next school year succeeding the date of termination fixed therein, which
16
renewal may be made by an endorsement on the existing contract instrument
17
unless:
18
(1) By May 1 of the contract year, the teacher is notified by
19
the school superintendent that the superintendent is recommending that the
20
teacher's contract not be renewed;
21
(2) During the period of the contract or within ten (10)
22
calendar days after the end of the school year, the teacher shall send by
23
certified or registered mail to the president, vice president, or secretary
24
of the board of directors of the school district, with a copy to the
25
superintendent, or may deliver in person to the president, vice president, or
26
secretary of the board of directors of the school district, with a copy to
27
the superintendent, his or her resignation as a teacher; or
28
(3) The contract is superseded by another contract between the
29
parties.
30
(b)(1) Termination, nonrenewal, or suspension shall be only upon the
31
recommendation of the superintendent.
32
(2)(A) A notice of nonrenewal shall be delivered in person to
33
the teacher or mailed by registered or certified mail to the teacher at the
34
teacher's residence address as reflected in the teacher's personnel file.
35
(B) The notice of recommended nonrenewal of a teacher
36
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shall include a statement of the reasons for the recommendation, setting
1
forth the reasons in separately numbered paragraphs so that a reasonable
2
teacher can prepare a defense.
3
(c)(1) No teacher shall be required to sign and return a contract for
4
the next school year any sooner than thirty (30) days after the contract is
5
issued to the teacher.
6
(2) The teacher shall have the right to unilaterally rescind any
7
signed contract no later than ten (10) days after the end of the school year.
8
9
6-17-1507. Notice of termination recommendation.
10
(a) A teacher may be terminated only during the term of any contract
11
when there is a reduction in force created by districtwide reduction in
12
licensed staff or for incompetent performance, conduct which materially
13
interferes with the continued performance of the teacher's duties, repeated
14
or material neglect of duty, or other just and reasonable cause.
15
(b) The school district superintendent:
16
(1) Shall notify the teacher of the termination recommendation;
17
and
18
(2)(A) May notify a school resource officer assigned to the
19
school campus on which the teacher is employed of the termination
20
recommendation.
21
(B)(i) A school district superintendent shall not disclose
22
any additional details regarding a recommendation for the termination of a
23
teacher to a school resource officer assigned to the school campus on which
24
the teacher is employed unless the school district superintendent, in his or
25
her discretion and based on relevant information, believes there are risks
26
to:
27
(a) Campus security; and
28
(b) Student safety.
29
(ii) Additional details regarding a recommendation
30
for the termination of the teacher include without limitation:
31
(a) The underlying reasons for a
32
recommendation for the termination of the teacher;
33
(b) The identity of other individuals involved
34
in a recommendation for the termination of the teacher, including without
35
limitation other teachers, students, administrators employed at or attending
36
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the school campus where the teacher is employed, and the parents or legal
1
guardians of students attending the school campus where the teacher is
2
employed; and
3
(c) Further disciplinary actions taken against
4
a teacher in addition to the termination recommendation.
5
(C) If a school district superintendent determines that
6
disclosure of additional details regarding a recommendation for the
7
termination of the teacher is necessary under subdivision (b)(2)(B) of this
8
section, the school district superintendent shall limit the disclosure of the
9
additional details to the minimum amount of information that he or she
10
believes is necessary for the school resource officer assigned to the school
11
campus on which the teacher is employed to ensure campus security and student
12
safety.
13
(c)(1) The notice shall include a statement of the grounds for the
14
recommendation of termination, setting forth the grounds in separately
15
numbered paragraphs so that a reasonable teacher can prepare a defense.
16
(2) The notice shall be delivered in person to the teacher or
17
sent by registered or certified mail to the teacher at the teacher's
18
residence address as reflected in the teacher's personnel file.
19
20
6-17-1508. Suspension.
21
(a) Whenever a superintendent has reason to believe that cause exists
22
for the termination of a teacher and that immediate suspension of the teacher
23
is necessary, the superintendent may suspend the teacher without notice or a
24
hearing.
25
(b) The school district superintendent:
26
(1) Shall notify the teacher of the suspension in writing within
27
two (2) school days of the suspension; and
28
(2)(A) May notify a school resource officer assigned to the
29
school campus on which the teacher is employed of the teacher's suspension.
30
(B)(i) A school district superintendent shall not disclose
31
any additional details regarding a suspension of the teacher to a school
32
resource officer assigned to the school campus on which the teacher is
33
employed unless the school district superintendent, in his or her discretion
34
and based on relevant information, believes there are risks to:
35
(a) Campus security; and
36
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(b) Student safety.
1
(ii) Additional details regarding the suspension of
2
the teacher include without limitation:
3
(a) The underlying reasons for the suspension
4
of the teacher;
5
(b) The identity of other individuals involved
6
in the suspension of the teacher, including without limitation other
7
teachers, students, administrators employed at or attending the school campus
8
where the teacher is employed, and the parents or legal guardians of students
9
attending the school campus where the teacher is employed; and
10
(c) Further disciplinary actions taken against
11
a teacher in addition to the suspension, unless the further disciplinary
12
actions include a recommendation for the termination of the teacher.
13
(C) If a school district superintendent determines that
14
disclosure of additional details regarding the suspension of a teacher is
15
necessary under subdivision (b)(2)(B) of this section, the school district
16
superintendent shall limit the disclosure of the additional details to the
17
minimum amount of information that he or she believes is necessary for the
18
school resource officer assigned to the school campus on which the teacher is
19
employed to ensure campus security and student safety.
20
(c)(1) The written notice shall include a statement of the grounds for
21
suspension or recommended termination, setting forth the grounds in
22
separately numbered paragraphs so that a reasonable teacher can prepare a
23
defense.
24
(2) The written notice shall be delivered in person to the
25
teacher or sent by registered or certified mail to the teacher at the
26
teacher's residence address as reflected in the teacher's personnel file and
27
shall state that a hearing before the board of directors is available to the
28
teacher upon request provided that the request is made in writing within the
29
time provided in § 6-17-1509.
30
(d) The hearing shall be scheduled by the president, vice president,
31
or secretary of the board of directors of a school district and the teacher
32
and shall be held within the time and manner provided in § 6-17-1509 after a
33
request for the hearing is received by the board of directors.
34
(e) If sufficient grounds for termination or suspension are found, the
35
board of directors may terminate the teacher or continue the suspension for a
36
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definite period of time.
1
(f) The salary of a suspended teacher shall cease as of the date the
2
board of directors sustains the suspension.
3
(g) If sufficient grounds for termination or suspension are not found,
4
the teacher shall be reinstated without loss of compensation.
5
6
6-17-1509. Hearing.
7
(a) A teacher who receives a notice of recommended termination or
8
nonrenewal may file a written request with the board of directors of the
9
school district for a hearing.
10
(b) Written request for a hearing shall be sent by certified or
11
registered mail to the president, vice president, or secretary of the board
12
of directors of the school district, with a copy to the superintendent, or
13
may be delivered in person by the teacher to the president, vice president,
14
or secretary of the board of directors of the school district, with a copy to
15
the superintendent, within thirty (30) calendar days after the written notice
16
of proposed termination or nonrenewal is received by the teacher.
17
(c) Upon receipt of a request for a hearing, the board of directors
18
shall grant a hearing in accordance with the following provisions:
19
(1) The hearing shall take place at a time agreed upon in
20
writing by the parties, but if no time can be agreed upon, then the hearing
21
shall be held no fewer than five (5) calendar days nor more than twenty (20)
22
calendar days after the written request has been received by the board of
23
directors;
24
(2)(A) The hearing shall be private unless the teacher or the
25
board of directors shall request that the hearing be public.
26
(B) If the hearing is public, the parent or guardian of
27
any student under eighteen (18) years of age who offers testimony may elect
28
to have the student's testimony offered in private;
29
(3) The teacher and the board of directors may be represented by
30
representatives of their choosing;
31
(4) It shall not be necessary that a full record of the
32
proceedings at the hearing be made and preserved unless:
33
(A) The board of directors shall elect to make and
34
preserve a record of the hearing at its own expense, in which event a copy
35
shall be furnished the teacher, upon request, without cost to the teacher; or
36
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(B) A written request is filed with the board of directors
1
by the teacher at least twenty-four (24) hours before the time set for the
2
hearing, in which event the board of directors shall make and preserve at its
3
own expense a record of the hearing and shall furnish a transcript to the
4
teacher without cost; and
5
(5) The board of directors shall not consider at the hearing any
6
new reasons which were not specified in the notices provided pursuant to this
7
subchapter.
8
(d) Nothing in this section shall preclude a school district which has
9
chosen to officially recognize in its policies an organization representing
10
the majority of the teachers of the school district for the purpose of
11
negotiating personnel policies, salaries, and educational matters of mutual
12
concern under a written policy agreement from conducting a single nonrenewal
13
hearing when all the school district's teachers are recommended for
14
nonrenewal provided that each teacher at such hearing shall be given an
15
opportunity to make comments to be included in the hearing record.
16
17
6-17-1510. Board action on termination or nonrenewal — Appeal.
18
(a)(1) Upon conclusion of its hearing with respect to the termination
19
or nonrenewal of a contract of a teacher who has been employed as a full-time
20
teacher by the school district for less than three (3) continuous years, the
21
board of directors shall take action on the recommendations by the
22
superintendent with respect to the termination or nonrenewal of such
23
contract.
24
(2) The board of directors' decision with regard to nonrenewal
25
of a probationary teacher shall be final.
26
(b)(1) Any licensed teacher who has been employed continuously by the
27
school district three (3) or more years or who may have achieved
28
nonprobationary status pursuant to § 6-17-1502 may be terminated or the board
29
of directors may refuse to renew the contract of the teacher only when there
30
is a reduction in force created by districtwide reduction in licensed
31
personnel, for incompetent performance, conduct which materially interferes
32
with the continued performance of the teacher's duties, repeated or material
33
neglect of duty, or other just and reasonable cause.
34
(2) Upon completion of the hearing, the board of directors,
35
within ten (10) days after the holding of the hearing, shall:
36
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(A) Uphold the recommendation of the superintendent to
1
terminate or not renew the teacher's contract;
2
(B) Reject or modify the superintendent's recommendation
3
to terminate or not renew the teacher's contract; or
4
(C) (i) Vote to continue the contract of the
5
teacher under such restrictions, limitations, or assurances as the board of
6
directors may deem to be in the best interest of the school district.
7
(ii) The decision shall be reached by the board of
8
directors within ten (10) days from the date of the hearing, and a copy shall
9
be furnished in writing to the teacher involved, either by personally
10
delivering it to the teacher or by addressing it to the teacher's last known
11
address by registered or certified mail.
12
(c) Subsequent to any hearing granted a teacher by this subchapter,
13
the board of directors, by majority vote, shall make specific written
14
conclusions with regard to the truth of each reason given the teacher in
15
support of the recommended termination or nonrenewal.
16
(d)(1) The exclusive remedy for any nonprobationary teacher aggrieved
17
by the decision made by the board of directors shall be an appeal therefrom
18
to the circuit court of the county in which the school district is located,
19
within seventy-five (75) days of the date of written notice of the action of
20
the board of directors.
21
(2) Additional testimony and evidence may be introduced on
22
appeal to show facts and circumstances showing that the termination or
23
nonrenewal was lawful or unlawful.
24
25
SECTION 34. Arkansas Code Title 6, Chapter 17, Subchapter 17, is
26
repealed.
27
6-17-1701. Title.
28
This subchapter shall be known and may be cited as the “Public School
29
Employee Fair Hearing Act”.
30
31
6-17-1702. Definitions.
32
As used in this subchapter:
33
(1) “Employee” means any person employed by a school district
34
under a written annual contract who is not required to have an educator
35
license issued by the Division of Elementary and Secondary Education as a
36
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condition of employment;
1
(2) “Full-time employee” means any employee who is contracted to
2
work at least twenty (20) hours per week; and
3
(3)(A) “Probationary employee” means an employee who has not
4
completed one (1) year of employment in the school district in which he or
5
she is employed.
6
(B) Provided that at least thirty (30) days before the
7
completion of an employee's probationary period, the superintendent of
8
schools may recommend and the board of directors may vote that one (1)
9
additional year of probation is necessary for an employee.
10
11
6-17-1703. Termination or nonrenewal — Notice.
12
(a) The superintendent of a school district may recommend termination
13
of an employee during the term of any contract or the nonrenewal of a full-
14
time nonprobationary employee's contract provided that he or she gives notice
15
in writing, personally delivered or by letter posted by registered or
16
certified mail to the employee's residence address as reflected in the
17
employee's personnel file.
18
(b) The recommendation of nonrenewal of a full-time nonprobationary
19
employee's contract shall be made no later than thirty (30) calendar days
20
before the beginning of the employee's next contract period.
21
(c) Such written notice shall include a statement of the reasons for
22
the proposed termination or nonrenewal.
23
(d) The notice shall further state that an employee being recommended
24
for termination or a full-time nonprobationary employee being recommended for
25
nonrenewal is entitled to a hearing before the school district board of
26
directors upon request provided that the request is made in writing to the
27
superintendent within twenty-five (25) calendar days from receipt of the
28
notice.
29
(e) It is the public policy of the State of Arkansas that employees,
30
as defined in this subchapter, shall not be considered “at will” employees
31
with regard to the termination of their employment, notwithstanding any
32
contractual provision to the contrary.
33
34
6-17-1704. Immediate suspension — Notice.
35
(a) Nothing in this subchapter shall be construed or interpreted to
36
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preclude the superintendent from placing an employee on immediate suspension,
1
provided he or she gives written notice of such action to the employee within
2
two (2) school days of the suspension.
3
(b) The notice shall include a statement of reasons for the
4
suspension, state whether the superintendent is recommending termination, and
5
state that a hearing before the school district board of directors is
6
available upon request provided that the request is made in writing to the
7
superintendent within twenty-five (25) calendar days from receipt of the
8
notice.
9
10
6-17-1705. Hearing.
11
(a) Upon receipt of a request for a hearing, the school district board
12
of directors shall conduct a hearing in accordance with the following
13
provisions:
14
(1) The hearing shall take place no fewer than five (5) nor more
15
than ten (10) days after the written request has been received by the
16
superintendent, except that the employee and board of directors may, in
17
writing, agree to an earlier or later hearing date; and
18
(2) The hearing shall be public or private at the request of the
19
employee.
20
(b) The employee may be represented by persons of his or her own
21
choosing.
22
(c) In hearings held concerning a recommendation for the termination
23
of an employee's contract, either the board of directors or the employee may
24
elect to have a record of the hearing made at the board of director's
25
expense.
26
(d) In hearings held concerning a recommendation for the nonrenewal of
27
a full-time non-probationary employee, either the board of directors or the
28
employee may elect to have a record of the hearing made, and the expense for
29
the record shall be shared equally between the board of directors and the
30
employee.
31
(e)(1) After the hearing, the school district board of directors may
32
terminate the employee or continue the suspension for a definite period of
33
time.
34
(2)(A) The salary of a suspended employee shall cease when the
35
school district board of directors sustains the suspension.
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(B) Otherwise, the employee shall be reinstated without
1
loss of compensation.
2
(f) The decision of the school district board of directors shall be
3
made within ten (10) calendar days of the hearing.
4
5
SECTION 35. Arkansas Code § 6-17-2403 is amended to read as follows:
6
6-17-2403. Minimum teacher compensation schedule — Definition.
7
(a)(1) The board of directors in each school district in the state
8
shall pay classroom teachers upon a minimum base salary of fifty thousand
9
dollars ($50,000) schedule that provides:
10
(A) Annual increments for education and experience;
11
(B) A base salary; and
12
(C) A minimum salary for a teacher with a master's degree
13
and at least fifteen (15) years' experience.
14
(2) To be eligible for funds to implement the minimum base
15
salary under this section, a public school district shall:
16
(A) Revise each teacher contract by the 2023-2024 school
17
year to require that each teacher in the public school district is employed
18
at least one hundred ninety (190) school days each year;
19
(B)(i) Not adopt a personnel policy or incorporate terms
20
into a personnel contract that provide more rights to personnel than those
21
provided under state law in effect during the term of the personnel contract.
22
(ii) This subdivision (a)(2)(B) shall not be
23
interpreted as denying personnel rights provided by other laws, including
24
without limitation due process; and
25
(C) Not have a waiver of teacher salary requirements.
26
(2)(A) A school district may differentiate in the salary levels
27
of the minimum teacher compensation schedule to provide increased salaries
28
based on a tiered licensure system established by the State Board of
29
Education under § 6-17-402.
30
(B) The differentiated salary schedule shall not provide
31
for a salary that is below the minimum set out in this section.
32
(b) Each school district in the state shall have in place a salary
33
schedule with at least the following minimum levels of compensation for a
34
basic contract:
35
(1) For the 2019-2020 school year:
36
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Years of Experience
BA Degree Salary
MA Degree Salary
1
0
$32,800
$37,450
2
1
33,250
37,950
3
2
33,700
38,450
4
3
34,150
38,950
5
4
34,600
39,450
6
5
35,050
39,950
7
6
35,500
40,450
8
7
35,950
40,950
9
8
36,400
41,450
10
9
36,850
41,950
11
10
37,300
42,450
12
11
37,750
42,950
13
12
38,200
43,450
14
13
38,650
43,950
15
14
39,100
44,450
16
15
39,550
44,950;
17
(2) For the 2020-2021 school year:
18
Years of Experience
BA Degree Salary
MA Degree Salary
19
0
$33,800
$38,450
20
1
34,250
38,950
21
2
34,700
39,450
22
3
35,150
39,950
23
4
35,600
40,450
24
5
36,050
40,950
25
6
36,500
41,450
26
7
36,950
41,950
27
8
37,400
42,450
28
9
37,850
42,950
29
10
38,300
43,450
30
11
38,750
43,950
31
12
39,200
44,450
32
13
39,650
44,950
33
14
40,100
45,450
34
15
40,550
45,950;
35
(3) For the 2021-2022 school year:
36
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Years of Experience
BA Degree Salary
MA Degree Salary
1
0
$34,900
$39,550
2
1
35,350
40,050
3
2
35,800
40,550
4
3
36,250
41,050
5
4
36,700
41,550
6
5
37,150
42,050
7
6
37,600
42,550
8
7
38,050
43,050
9
8
38,500
43,550
10
9
38,950
44,050
11
10
39,400
44,550
12
11
39,850
45,050
13
12
40,300
45,550
14
13
40,750
46,050
15
14
41,200
46,550
16
15
41,650
47,050; and
17
(4) For the 2022-2023 school year and each school year
18
thereafter:
19
Years of Experience
BA Degree Salary
MA Degree Salary
20
0
$36,000
$40,650
21
1
36,450
41,150
22
2
36,900
41,650
23
3
37,350
42,150
24
4
37,800
42,650
25
5
38,250
43,150
26
6
38,700
43,650
27
7
39,150
44,150
28
8
39,600
44,650
29
9
40,050
45,150
30
10
40,500
45,650
31
11
40,950
46,150
32
12
41,400
46,650
33
13
41,850
47,150
34
14
42,300
47,650
35
15
42,750
48,150.
36
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(b)(1) For the 2023-2024 school year, each teacher shall be paid a
1
salary that is at least two thousand dollars ($2,000) greater than his or her
2
current salary as of September 1, 2022.
3
(2) To be eligible for funds to implement the increase under
4
subdivision (b)(1) of this section, a public school district shall:
5
(A) Revise each teacher contract by the 2023-2024 school
6
year to require that each teacher in the public school district is employed
7
at least one hundred ninety (190) school days each year;
8
(B)(i) Not adopt a personnel policy or incorporate terms
9
into a personnel contract that provide more rights to personnel than those
10
provided under state law in effect during the term of the personnel contract.
11
(ii) This subdivision (b)(2)(B) shall not be
12
interpreted as denying personnel rights provided by other laws, including
13
without limitation due process; and
14
(C) Not have a waiver of teacher salary requirements.
15
(c) To be eligible for funds to implement the salary increases under
16
subsections (a) and (b) of this section, a public school district shall be
17
open for on-site, in-person instruction for at least:
18
(1) One hundred seventy-eight (178) days; or
19
(2) One thousand sixty-eight (1,068) hours.
20
(c)(1)(d) For purposes of the salary schedules requirements described
21
in this section, the teacher's experience is his or her total years'
22
experience as a "teacher" with a valid Arkansas teaching license and teaching
23
at any: means an individual employed by a public school in the State of
24
Arkansas in a full-time position that requires a valid Arkansas teaching
25
license, including without limitation a principal or assistant principal,
26
unless the public school has been issued a waiver by the State Board of
27
Education.
28
(A) Public school accredited by the Division of Elementary
29
and Secondary Education or a nationally recognized accrediting association;
30
(B) Private school within the State of Arkansas accredited
31
by a nationally recognized accrediting association;
32
(C) Institution of higher education within the State of
33
Arkansas accredited by a nationally recognized higher education institution
34
accrediting association; or
35
(D) Any facility operated by the Division of Youth
36
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Services or any facility contracting with the Division of Youth Services to
1
provide care for juveniles committed to the Division of Youth Services.
2
(2) A teacher's years of experience shall be based upon:
3
(A) The years in the school district in which the teacher
4
is employed when the salary schedule in this section is considered; and
5
(B) The teacher's years of experience with a valid
6
Arkansas teaching license at an institution in subdivision (c)(1) of this
7
section.
8
(3) For purposes of this section, “years of service” means:
9
(A) Performing the full-time duties of a teacher for a
10
full school year with a valid Arkansas teaching license;
11
(B) Years of employment with an Arkansas public school in
12
a full-time position that requires that the teacher have an Arkansas teaching
13
license; or
14
(C) Years of employment in an educational capacity with an
15
institution in subdivision (c)(1)(C) of this section with a valid Arkansas
16
teaching license.
17
(d)(1)(e)(1) The minimum teacher compensation schedule requirements
18
under subsection (b) of this section does do not apply to a part-time teacher
19
or part-time paraprofessional employed by a public school district to work in
20
an adult education program.
21
(2) The minimum teacher compensation schedule for a part-time
22
teacher or part-time paraprofessional employed by a school district to work
23
in an adult education program shall be established by the Adult Education
24
Section and approved by the Director of the Division of Workforce Services.
25
(f)(1) The funds allocated by the General Assembly for additional
26
teacher compensation under this section shall only be used for teacher
27
salaries.
28
(2) To qualify for funding appropriated under this section,
29
public school districts shall:
30
(A)(i) Utilize an amount of state funds equal to eighty
31
percent (80%) or more of the amount allocated for school-level personnel
32
salaries, according to the adequacy funding matrix recommended by the Senate
33
Committee on Education and the House Committee on Education for the previous
34
school year, for teacher salaries and teacher raises.
35
(ii) If meeting the requirement under subdivision
36
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(f)(2)(A)(i) of this section would impact student safety or potentially cause
1
a school district to go into fiscal distress under the Arkansas Fiscal
2
Assessment and Accountability Program, § 6-20-1901 et seq., the public school
3
district may apply to the State Board of Education for a waiver from this
4
requirement; and
5
(B)(i) Certify with the Division of Elementary and
6
Secondary Education the number of certified teachers and the certified
7
teachers' current contract salaries for each school year.
8
(ii) A fund shall be created by the Department of
9
Education to hold and distribute revenues authorized by this section for
10
teacher minimum salary levels and teacher raises.
11
(3) Each public school district shall:
12
(A) Report the total amount of state funds used for
13
teacher salaries to the Division of Elementary and Secondary Education; and
14
(B) Publish the information required under subdivision
15
(f)(3)(A) of this section on the public school district's website.
16
(g) This section shall not be interpreted to limit a public school
17
district from creating a salary schedule for the public school district.
18
(h) The State Board of Education may promulgate rules to implement
19
this subchapter.
20
21
SECTION 36. Arkansas Code § 6-17-2807(g) and (h), concerning a teacher
22
placed in intensive support status under the Teacher Excellence and Support
23
System, are amended to read as follows:
24
(g)(1) Upon review and approval of the documentation, the
25
superintendent may recommend termination or nonrenewal of the teacher's
26
contract.
27
(2) A recommendation for termination or nonrenewal of a
28
teacher's contract under this section shall be made pursuant to the authority
29
granted to a superintendent for recommending termination or nonrenewal under
30
The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.
31
(3)(A)(2) When a superintendent makes a recommendation for
32
termination or nonrenewal of a teacher's contract under this section, the
33
public school shall provide a written notice to the teacher.
34
(B) The notice shall meet the minimum requirements under
35
The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., but is exempt
36
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from the provisions of § 6-17-1504(b).
1
(C)(i)(3) If the public school has substantially complied
2
with the requirements of this section, the public school is entitled to a
3
rebuttable presumption that the public school has a substantive basis for the
4
termination or nonrenewal of the teacher's contract under the applicable
5
standard for termination or nonrenewal under The Teacher Fair Dismissal Act
6
of 1983, § 6-17-1501 et seq.
7
(ii) The presumption may be rebutted by the teacher
8
during an appeal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et
9
seq.
10
(h) This section does not preclude a public school superintendent
11
from:
12
(1) Making a recommendation for the termination or nonrenewal of
13
a teacher's contract for any lawful reason under The Teacher Fair Dismissal
14
Act of 1983, § 6-17-1501 et seq.; or
15
(2) Including in a recommendation for termination or nonrenewal
16
of a teacher's contract under this section any other lawful reason for
17
termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-
18
17-1501 et seq.
19
20
SECTION 37. Arkansas Code Title 6, Chapter 17, is amended to add an
21
additional subchapter to read as follows:
22
Subchapter 29 — Merit Teacher Incentive Fund Program
23
24
6-17-2901. Title.
25
This subchapter shall be known and may be cited as the "Merit Teacher
26
Incentive Fund Program".
27
28
6-17-2902. Definitions.
29
As used in this subchapter:
30
(1) "Mentor" means an individual who meets the requirements
31
established by the State Board of Education to support aspiring teachers who
32
are participating in yearlong residencies; and
33
(2) "Teacher" means a:
34
(A) Licensed classroom teacher who spends at least seventy
35
percent (70%) of his or her contracted time working directly with students in
36
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a classroom setting teaching all grade-level or subject-matter appropriate
1
classes;
2
(B) School counselor;
3
(C) Library media specialist; or
4
(D) Aspiring teacher.
5
6
6-17-2903. Merit Teacher Incentive Fund Program — Creation.
7
(a) The Merit Teacher Incentive Fund Program is hereby created to
8
recognize and reward excellent teachers across the State of Arkansas.
9
(b) A teacher deemed eligible under the program shall be rewarded with
10
annual bonuses of no more than ten thousand dollars ($10,000).
11
(c) The State Board of Education may promulgate rules for the
12
implementation of this program, including without limitation:
13
(1) The administration and methods of distribution of funds
14
under the program;
15
(2) Eligibility requirements; and
16
(3) Timelines and processes for identifying eligible teachers.
17
18
6-17-2904. Teacher eligibility.
19
(a) Eligibility for an award from the Merit Teacher Incentive Fund
20
Program shall include without limitation:
21
(1)(A) A teacher who demonstrates outstanding growth in student
22
performance, as determined by the Division of Elementary and Secondary
23
Education.
24
(B)(i) In determining whether a teacher has demonstrated
25
outstanding growth in student performance, the division shall calculate a
26
value-added growth model score for grades and subjects, where possible.
27
(ii) The division shall develop rules to establish
28
the process and procedure for public school districts to annually report data
29
related to value-added models that includes without limitation:
30
(a) Student test scores; and
31
(b) Prior student performance by subject and
32
school;
33
(2) Teachers serving as mentors to aspiring teachers;
34
(3) Aspiring teachers participating in yearlong residencies;
35
(4) Teachers instructing in subject areas or geographical areas
36
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identified as experiencing a critical shortage of teachers, including public
1
schools that have historically been understaffed, as determined by the
2
division; and
3
(5) Other categories as defined by the state board.
4
(b) In determining distribution of funds to a teacher under this
5
section, the division shall consider factors that include without limitation:
6
(1) The poverty level of the school as factored under § 6-17-
7
413; and
8
(2) The designated performance rating of the school under the
9
school rating system, § 6-15-2101 et seq.
10
(c) A teacher who is given intensive support status under the Teacher
11
Excellence and Support System, § 6-17-2801 et seq., is ineligible for receipt
12
of funds under the program for the school year.
13
14
6-17-2905. Report.
15
(a) The Division of Elementary and Secondary Education shall annually
16
conduct and publish a report on the data under subsection (b) of this section
17
on Arkansas's educator workforce.
18
(b) The report required under subsection (a) of this section shall
19
include without limitation an analysis of:
20
(1) Teacher shortage areas by geographic region, subject area,
21
district, school, and student demographic groups, including consideration for
22
teacher certification status; and
23
(2) The teacher pipeline and retention, including consideration
24
of available teacher training pathways.
25
26
6-17-2906. Rules.
27
The State Board of Education may promulgate rules to implement this
28
subchapter.
29
30
SECTION 38. Arkansas Code § 6-18-227(k), concerning rules adopted by
31
the State Board of Education under the Arkansas Opportunity Public School
32
Choice Act, is amended to read as follows:
33
(k)(1) The state board shall adopt any rules necessary for the
34
implementation of this section under the Arkansas Administrative Procedure
35
Act, § 25-15-201 et seq., including rules pertaining to the consideration of
36
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a school district's enrollment capacity.
1
(2) However, the state board shall not establish a numerical net
2
maximum on school choice transfers into or from a public school district,
3
unless required to do so according to an enforceable desegregation court
4
order or a district's court-approved desegregation plan.
5
6
SECTION 39. Arkansas Code § 6-18-1906 is amended to read as follows:
7
6-18-1906. Limitations.
8
(a)(1) If the provisions of this subchapter conflict with a provision
9
of an enforceable desegregation court order or a district's court-approved
10
desegregation plan, either of which explicitly limits the transfer of
11
students between school districts, the provisions of the order or plan shall
12
govern.
13
(2)(b) Annually by January 1, a school district that claims a
14
conflict under subdivision (a)(1) subsection (a) of this section shall submit
15
proof from a federal court to the Division of Elementary and Secondary
16
Education that the school district has a genuine conflict under an active
17
desegregation order or active court-approved desegregation plan that
18
explicitly limits the transfer of students between school districts.
19
(3)(c)(1) Proof submitted under subdivision (a)(2) subsection
20
(b) of this section shall contain the following:
21
(A) Documentation that the desegregation order or court-
22
approved desegregation plan is still active and enforceable; and
23
(B) Documentation showing the specific language the school
24
district believes limits its participation in the school choice provisions of
25
this subchapter.
26
(4)(A)(2)(A) Within thirty (30) calendar days of receipt of
27
proof under subdivision (a)(2) subsection (b) of this section, the division
28
shall notify the school district whether it is required to participate in the
29
school choice provisions of this subchapter.
30
(B) The division may reject incomplete submissions.
31
(C) If the division does not provide a written exemption
32
to the school district, then the school district shall be required to
33
participate in the school choice provisions of this subchapter.
34
(5)(3) The division shall maintain on its website a list of
35
school districts that are not required to participate in the school choice
36
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provisions of this subchapter.
1
(6)(4) The State Board of Education may review a decision of the
2
division upon written petition of the affected school district and may affirm
3
or reverse the decision of the division under the rules promulgated by the
4
state board to implement this subsection.
5
(b)(1)(A) There is established a numerical net maximum limit on school
6
choice transfers each school year from a school district, less any school
7
choice transfers into the school district, under this section of not more
8
than three percent (3%) of the enrollment that exists in the school district
9
as of October 1 of the immediately preceding school year.
10
(B) If the application for a transfer that causes the
11
school district to meet or exceed the three-percent numerical net maximum
12
limit under subdivision (b)(1)(A) of this section is on behalf of a sibling
13
group, then the school district shall allow all siblings in the sibling group
14
to exercise school choice under this subchapter.
15
(C) A student eligible to transfer to a nonresident
16
district under § 6-15-430(c)(1) [repealed], the Arkansas Opportunity Public
17
School Choice Act, § 6-18-227, § 6-18-233, or § 6-21-812 shall not count
18
against the cap of three percent (3%) of the resident or nonresident
19
district.
20
(2) Annually by December 15, the division shall report to each
21
school district the net maximum number of school choice transfers for the
22
next school year.
23
(3) If a student is unable to transfer due to the limits under
24
this subsection, the resident district shall give the student priority for a
25
transfer in the first school year in which the district is no longer subject
26
to subdivision (b)(1) of this section in the order that the resident district
27
receives notices of applications under § 6-18-1905, as evidenced by a
28
notation made by the district on the applications indicating date and time of
29
receipt.
30
31
SECTION 40. Arkansas Code § 6-18-2004(d), concerning school counselor
32
training required for purposes of comprehensive student services, is amended
33
to read as follows:
34
(d) By September 1, 2024, and every four (4) years following, a school
35
counselor shall receive Youth Mental Health First Aid youth mental health
36
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training, as prescribed by the State Board of Education, to learn the risk
1
factors and warning signs of mental health issues in adolescents, the
2
importance of early intervention, and how to help an adolescent who is in
3
crisis or expecting a mental health challenge.
4
5
SECTION 41. Arkansas Code § 6-18-2304(c), concerning eligible taxpayer
6
contributions to the Philanthropic Investment in Arkansas Kids Program Act,
7
is amended to read as follows:
8
(c)(1)(A) The Except as provided by subdivision (c)(1)(B) of this
9
section, the total amount of state income tax credits awarded under this
10
section shall not exceed two million dollars ($2,000,000) six million dollars
11
($6,000,000) per calendar year.
12
(B)(i) If in any calendar year the total amount of state
13
income tax credits awarded under this section is equal to or greater than
14
ninety percent (90%) of the total amount of state income tax credits that may
15
be awarded, the total amount of state income tax credits that may be awarded
16
in the next calendar year and each subsequent calendar year thereafter shall
17
be the total amount of state income tax credits authorized in the previous
18
calendar year plus five percent (5%).
19
(ii) An increase in the total amount of state income
20
tax credits for subsequent calendar years under subdivision (c)(1)(B)(i) of
21
this section shall be applied to the total amount of state income tax credits
22
authorized in the previous calendar year.
23
(iii) At the beginning of each calendar year, the
24
Department of Finance and Administration shall certify the total amount of
25
state income tax credits that may be awarded in that calendar year.
26
(2) The Tax Credits and Special Refunds Section of the
27
Department of Finance and Administration, or its successor, shall:
28
(A) Award the tax credits on a first-come, first-served
29
basis using a lottery administered by the scholarship-granting organization
30
from the receipts provided to the Tax Credits and Special Refunds Section of
31
the Department of Finance and Administration under § 6-18-2306(3); and
32
(B) Notify the Division of Elementary and Secondary
33
Education when the annual cap under subdivision (c)(1) of this section is
34
met.
35
36
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SECTION 42. Arkansas Code Title 6, Chapter 18, is amended to add an
1
additional subchapter to read as follows:
2
Subchapter 25 — Arkansas Children's Educational Freedom Account Program
3
4
6-18-2501. Title.
5
This subchapter shall be known and may be cited as the "Arkansas
6
Children's Educational Freedom Account Program".
7
8
6-18-2502. Creation.
9
There is created the "Arkansas Children's Educational Freedom Account
10
Program".
11
12
6-18-2503. Definitions.
13
As used in this subchapter:
14
(1) "Account" means an account that is comprised of funds
15
deposited on behalf of a participating student to pay for qualifying
16
educational expenses;
17
(2) "Account funds" means the funds deposited into an account on
18
behalf of a participating student;
19
(3) “Curriculum” means a complete course of study for a
20
particular content area or grade level;
21
(4) “Eligible student” means a resident of the State of Arkansas
22
who is eligible to enroll in a public elementary or secondary school, subject
23
to the timeline and parameters established under §§ 6-18-2506 and 6-18-2507;
24
(5) “Full academic curriculum” means all required core courses,
25
or the equivalent, as are offered in traditional public schools;
26
(6) “Full academic year” means at least one hundred seventy-
27
eight (178) days of instruction or the equivalent number of hours to what is
28
offered in traditional public schools;
29
(7) “Parent” means:
30
(A) A biological or adoptive parent;
31
(B) Legal guardian or custodian;
32
(C) Persons standing in loco parentis to a student; or
33
(D) Another person with legal authority to act on behalf
34
of an eligible student;
35
(8) “Participating school” means a private elementary school or
36
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private secondary school that:
1
(A) Offers enrolled students a full academic curriculum
2
and full academic year experience; and
3
(B) Receives payments from Arkansas Children's Educational
4
Freedom Account Program accounts to provide goods and services that are
5
covered as qualifying expenses under this subchapter;
6
(9) “Participating service provider” means a person or an
7
entity, including a participating public or private school, that receives
8
payments from program accounts to provide goods and services that are covered
9
as qualifying expenses under this subchapter;
10
(10) "Participating student" means a student:
11
(A) Eligible to participate in the program; and
12
(B) For whom an account has been established under this
13
subchapter; and
14
(11) "Qualifying expenses" means:
15
(A)(i) For the 2023-2024 school year, "qualifying
16
expenses" shall include:
17
(a) Tuition;
18
(b) Fees;
19
(c) The cost of testing under this subchapter;
20
and
21
(d) The cost of required school uniforms, if
22
any, at a participating school; and
23
(e) Expenses determined by a participating
24
school to be necessary for the education of a participating student and
25
required to be paid by a participating student who is enrolled in the
26
participating school, including without limitation expenses related to:
27
(1) Supplies;
28
(2) Equipment;
29
(3) Access to technology; and
30
(4) Services provided by or at the
31
participating school.
32
(ii) "Qualifying expenses" shall not mean optional
33
expenses payable to a third party; and
34
(B) Beginning with the 2024-2025 school year and each year
35
thereafter, "qualifying expenses" shall include those listed under
36
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subdivision (11)(A) of this section and include the following:
1
(i) Instructional materials required for either in-
2
person or virtual instruction provided by a participating service provider or
3
participating school;
4
(ii) Instructional or tutoring services;
5
(iii) Curriculum;
6
(iv) Supplemental materials or supplies required by
7
a course of study for a particular content area;
8
(v) Fees for:
9
(a) Courses and associated examinations for
10
college credit; and
11
(b) Any examination related to postsecondary
12
educational institution admission;
13
(vi) Fees for:
14
(a) Courses and associated examinations for
15
career training; and
16
(b) Any examination required in order to
17
obtain an industry-based credential;
18
(vii) Educational services provided by a licensed or
19
accredited practitioner or participating service provider to a participating
20
student who is a student with a disability;
21
(viii) Fees for account management by participating
22
service providers;
23
(ix)(a) Technological devices used to meet a
24
participating student's educational needs, which shall not include:
25
(1) A television;
26
(2) A video game console or accessory;
27
or
28
(3) Home theater or audio equipment.
29
(b) Technological devices under subdivision
30
(11)(B)(ix)(a) of this section are subject to approval by the Department of
31
Education or a licensed physician;
32
(x) Costs associated with transportation to and from
33
a participating service provider or participating school; and
34
(xi) Any other educational expense approved by the
35
Division of Elementary and Secondary Education.
36
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1
6-18-2504. State Board of Education — Rules.
2
(a) The Division of Elementary and Secondary Education shall
3
administer the Arkansas Children's Educational Freedom Account Program under
4
this subchapter, which shall be subject to the rules adopted by the State
5
Board of Education.
6
(b) The rules adopted by the state board under this subchapter shall
7
include without limitation the:
8
(1) Process for determining the eligibility of students and
9
service providers, including the awarding of accounts to eligible students
10
and removal of unnecessary barriers or disincentives to participation by
11
potential participating service providers;
12
(2)(A) The process for conducting account and program audits,
13
including establishing the authority for the division to conduct or contract
14
for the auditing of accounts.
15
(B) The division shall establish a process for conducting
16
an audit of an entity receiving funds under this subchapter, including:
17
(i) An individual account;
18
(ii) A participating service provider; and
19
(iii) A participating school.
20
(C) At least one (1) time each year, the division shall
21
conduct random audits of the following according to the auditing process
22
established under subdivision (b)(2)(B) of this section:
23
(i) An individual account;
24
(ii) A participating service provider; and
25
(iii) A participating school;
26
(3) Authority of the division to:
27
(A) Deem any participating student ineligible for the
28
program; and
29
(B) Refer a case involving the misuse of account funds for
30
investigation to:
31
(i) The Attorney General;
32
(ii) The Inspector General; or
33
(iii) Arkansas Legislative Audit;
34
(4) Authority of the division to contract with a vendor or other
35
supplier for the administration of the program or parts of the program;
36
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(5) Requirement that the program shall:
1
(A) Begin enrolling participating students no later than
2
the beginning of the 2023-2024 school year; and
3
(B) Be fully implemented to serve all Arkansas children
4
eligible to enroll in a public school by the beginning of the 2025-2026
5
school year;
6
(6) Establishment or creation of a contract for the
7
establishment of an online anonymous fraud reporting service, including
8
without limitation a telephone hotline;
9
(7) Requirement for a surety bond for a participating service
10
provider that receives more than one hundred thousand dollars ($100,000) in
11
account funds;
12
(8) Mechanism for the refunding of payments from service
13
providers back to the account from which they were paid;
14
(9) Required compliance with all state procurement laws and
15
procedures; and
16
(10) A means for preventing unreasonable inflation or fraud in
17
participating school tuition and fees.
18
(c) To ensure that account funds under this subchapter provide for the
19
expansion of access to education options by reducing family financial burdens
20
and are not abused by service providers for financial gain, the state board
21
shall take all necessary action in establishing rules under this subchapter,
22
including without limitation the disqualification of a participating school
23
or a participating service provider.
24
25
6-18-2505. Account funds.
26
(a)(1) The Division of Elementary and Secondary Education shall
27
allocate annually to each participating student's account, from funds
28
appropriated to the Arkansas Children's Educational Freedom Account Fund or
29
otherwise made available for the Arkansas Children's Educational Freedom
30
Account Program, an amount equal to ninety percent (90%) of the prior year's
31
statewide foundation funding allotted per student under § 6-20-2305.
32
(2) For the 2023-2024 school year, a student who is
33
participating in the Succeed Scholarship Program under § 6-41-901 et seq.
34
during the 2022-2023 school year may continue to receive the scholarship
35
amount awarded to him or her under § 6-41-905 if the cost of tuition and
36
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allowable costs exceeds the amount provided under § 6-18-2505(a)(1).
1
(b)(1) For the 2023-2024 school year, on behalf of participating
2
students enrolled in participating schools or with participating service
3
providers and at the direction of a participating student’s parent, the
4
Department of Education shall make four (4) equal payments in quarterly
5
installments from the participating student’s account to the participating
6
school or participating service provider in which the participating student
7
is enrolled for tuition, fees, and costs associated with testing and
8
uniforms.
9
(2) The department may:
10
(A) Contract with a vendor or provider to manage the
11
payment system used for purposes of implementing this subsection (b); and
12
(B) Withhold up to five percent (5%) of funds allocated
13
for each account annually for the administration of the program.
14
(c) For the 2023-2024 school year, if a participating student is
15
enrolled full-time in a participating school or with a participating service
16
provider and the total amount of tuition, fees, testing, and uniform costs is
17
less than the amount determined under subsection (a) of this section, the
18
amount allocated to the student shall be the lesser amount.
19
(d) Account funds shall:
20
(1)(A) Not be refunded, rebated, or shared with a parent or
21
participating student in any manner.
22
(B) Any refund or rebate for goods or services purchased
23
with account funds shall be credited directly to the participating student’s
24
account; and
25
(2) Be used only for qualifying education expenses for a
26
participating student.
27
(e)(1) Beginning with the 2024-2025 school year and each year
28
thereafter, the department shall develop a system for parents to direct
29
account funds to participating schools and participating service providers by
30
electronic funds transfer, automated clearing house transfer, debit card, or
31
another system.
32
(2) The department may:
33
(A) Contract with a vendor or provider, including without
34
limitation a private institution, to manage the payment system used for
35
purposes of implementing this subsection (e); and
36
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(B) Withhold up to five percent (5%) of funds allocated
1
for each account annually for the administration of the program.
2
(3) The department shall:
3
(A) Not adopt a payment system under this subsection that
4
relies exclusively on requiring parents to be reimbursed for out-of-pocket
5
expenses; and
6
(B) Ensure a payment system developed under this
7
subsection provides maximum flexibility to parents by facilitating direct
8
payments to participating service providers and requests for preapproval of
9
and reimbursements for qualifying expenses.
10
(f)(1) An account shall remain in force, and any unused funds shall
11
roll over from quarter-to-quarter and from year-to-year, until:
12
(A) A parent withdraws his or her participating student
13
from the program;
14
(B) A participating student graduates from high school; or
15
(C) The end of the school year if a participating student
16
turns twenty-one (21) years of age, whichever occurs first.
17
(2) An account shall be closed before an event occurs under
18
subdivision (f)(1) of this section if the State Board of Education finds:
19
(A) A substantial misuse of funds; or
20
(B) That a parent has failed to comply with this
21
subchapter or state board rules governing the program.
22
(3)(A) Any unused funds shall revert to the division and be
23
allocated to fund other accounts.
24
(B)(i) There shall be a maximum amount of funds allowed to
25
remain in each participating student's account.
26
(ii) The state board may establish rules to
27
determine the:
28
(a) Maximum amount of funds allowed under
29
subdivision (f)(3)(B)(i) of this section; and
30
(b) Process by which account funds will be
31
returned to the appropriate fund within the department.
32
(g) Account funds shall not:
33
(1) Constitute taxable income of the parent or the participating
34
student; and
35
(2) Be claimed as a credit, deduction, exemption, or rebate.
36
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(h) The division shall create procedures to ensure that a fair process
1
exists to determine whether a participating student is no longer eligible for
2
participation in the program, including without limitation a participating
3
student who is no longer eligible for participation in the program due to his
4
or her failure to demonstrate academic achievement or academic growth.
5
(i)(1) If the division bars a student from participating in the
6
program, it shall notify the participating student and his or her parent of
7
its decision within three (3) days of its decision.
8
(2) A parent may appeal the division’s decision to bar him or
9
her from receiving payments from accounts to the state board according to
10
rules established by the state board.
11
(j) The state board may promulgate rules to implement this subchapter.
12
13
6-18-2506. Student eligibility — Initial and continuing.
14
(a) A student is initially eligible for an account if the student:
15
(1) Has a parent who is a resident of the State of Arkansas as
16
defined by § 6-18-202;
17
(2) Is eligible to enroll in a public elementary or secondary
18
school in this state; and
19
(3) Meets the following criteria:
20
(A)(i) For the 2023-2024 school year, the following
21
students shall be eligible if they are:
22
(a) A student with a disability identified
23
under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et
24
seq., as it existed on January 1, 2023;
25
(b) A student who is considered homeless under
26
the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it
27
existed on January 1, 2023;
28
(c) A foster child or a former foster child;
29
(d) A student who is currently participating
30
in the Succeed Scholarship Program, § 6-41-901 et seq.;
31
(e) A child of active-duty military personnel,
32
as identified under Title 10 or Title 32 of the United States Code;
33
(f) A student who was enrolled in the previous
34
school year in a:
35
(1) Public school that has a rating of
36
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“F” under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or
1
(2) Public school district classified as
2
in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915; and
3
(g) A student who is enrolling in kindergarten
4
for the first time.
5
(ii)(a) For the 2023-2024 school year, a maximum of
6
one and five-tenths percent (1.5%) of the 2022-2023 total public school
7
student enrollment may be approved to participate in the Arkansas Children's
8
Educational Freedom Account Program.
9
(b) However, the number of students approved
10
to participate in the Arkansas Children's Educational Freedom Account Program
11
under subdivision (a)(3)(A)(ii)(a) of this section shall not exceed the
12
amount of funds made available for the Arkansas Children's Educational
13
Freedom Account Program;
14
(B)(i) For the 2024-2025 school year, student eligibility
15
shall expand to include:
16
(a) All students who are eligible under
17
subdivision (a)(3)(A) of this section;
18
(b) Students who were enrolled in the prior
19
school year in public schools rated “D” or “F” under §§ 6-15-2105 and 6-15-
20
2106 and state board rules; and
21
(c) Students whose parents are:
22
(1) Veterans as identified under Title
23
38 of the United States Code;
24
(2) In the military reserves;
25
(3) First responders; or
26
(4) Law enforcement officers.
27
(ii)(a) For the 2024-2025 school year, a maximum of
28
three percent (3%) of the 2022-2023 total public school student enrollment
29
may be approved to participate in the Arkansas Children's Educational Freedom
30
Account Program.
31
(b) The number of students approved to
32
participate in the Arkansas Children's Educational Freedom Account Program
33
under subdivision (a)(3)(B)(ii)(a) of this section shall:
34
(1) Include any students who are
35
continuing to participate in the Arkansas Children's Educational Freedom
36
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Account Program from the 2023-2024 school year; and
1
(2) Not exceed the amount of funds made
2
available for the Arkansas Children's Educational Freedom Account Program;
3
and
4
(C)(i) For the 2025-2026 school year and each year
5
thereafter, any resident of this state who is eligible to enroll in a public
6
elementary or secondary school shall be eligible.
7
(ii) Beginning with the 2025-2026 school year, there
8
shall be no limitation on student participation in the Arkansas Children's
9
Educational Freedom Account Program.
10
(b) In any year in which funds are insufficient to fund all
11
applications for new accounts, first priority shall be given to students who
12
are eligible under subdivision (a)(3)(A) of this section, followed by
13
students eligible under subdivision (a)(3)(B) of this section.
14
(c) In any year in which funds are insufficient to fund all continuing
15
accounts, priority shall be given to students who have been in the Arkansas
16
Children’s Educational Freedom Account Program the longest after priority has
17
been given to students identified under subsection (b) of this section.
18
(d) The State Board of Education shall promulgate rules:
19
(1) For the implementation of the Arkansas Children’s
20
Educational Freedom Account Program; and
21
(2) To effectively and efficiently administer the Arkansas
22
Children’s Educational Freedom Account Program, including without limitation:
23
(A) The awarding of funds to participating students;
24
(B) The oversight of the Arkansas Children’s Educational
25
Freedom Account Program; and
26
(C) Any other necessary aspects for the operation of the
27
Arkansas Children’s Educational Freedom Account Program.
28
(e) A participating student may only participate in and receive funds
29
from one (1) of the following:
30
(1) The Arkansas Children’s Educational Freedom Account Program
31
established by this subchapter; or
32
(2) The Philanthropic Investment in Arkansas Kids Program, § 6-
33
18-2301 et seq.
34
(f) The student's parent shall submit an application for an account to
35
the Department of Education in accordance with Arkansas Children’s
36
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Educational Freedom Account Program timelines established by the department.
1
(g)(1) The department shall create a standard form that a parent may
2
submit to establish his or her child's eligibility for the program.
3
(2) The department shall ensure that the standard form required
4
under subdivision (g)(1) of this section is publicly available and may be
5
submitted through various sources, including without limitation the internet.
6
(h)(1) As part of the application, a parent shall sign an agreement
7
promising each of the following without limitation:
8
(A)(i) Not to enroll his or her child full-time in a
9
public school while his or her child is participating in the Arkansas
10
Children’s Educational Freedom Account Program.
11
(ii) However, a participating student may take
12
approved courses at a public school participating as an approved provider;
13
(B) To use account funds only for qualifying expenses of
14
the participating student;
15
(C) To comply with all Arkansas Children’s Educational
16
Freedom Account Program requirements as established by the department
17
according to state board rules; and
18
(D) Beginning with the 2024-2025 school year, in the case
19
of any account used for qualifying educational expenses not associated with
20
full-time enrollment in a participating school or a participating service
21
provider, to agree to provide an education for his or her participating
22
student in at least the subjects of English language arts, mathematics,
23
social studies, and science.
24
(2) The signed agreement required under subdivision (h)(1) of
25
this section shall satisfy the compulsory school attendance requirements of §
26
6-18-201.
27
(i) The division shall:
28
(1) Continue making deposits into a participating student’s
29
account until:
30
(A) The division determines that the participating student
31
is no longer an eligible student;
32
(B) The division determines that there was substantial
33
misuse of account funds, as defined by the state board;
34
(C) A parent or a participating student withdraws from the
35
Arkansas Children’s Educational Freedom Account Program;
36
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(D) A participating student enrolls full-time in a public
1
school;
2
(E) A participating student graduates from high school; or
3
(F) A participating student completes the school year in
4
the year in which he or she turns twenty-one (21) years of age;
5
(2) Provide parents with a written explanation of the:
6
(A) Allowable uses of funds;
7
(B) Responsibilities of parents; and
8
(C) Duties of the division and the role of any private
9
financial management firms or other private organizations that the department
10
may contract with to administer the Arkansas Children’s Educational Freedom
11
Account Program or any aspect of the Arkansas Children’s Educational Freedom
12
Account Program; and
13
(3) Annually fund a participating student’s account as funds are
14
available and in accordance with this law and state board rules.
15
(j)(1) Upon notice to the division, a participating student may choose
16
to stop receiving funds disbursed under this subchapter and enroll full-time
17
in a public school.
18
(2)(A) Enrolling as a full-time student in a public school shall
19
result in the immediate suspension of payment of additional funds into the
20
participating student’s account.
21
(B)(i) However, for accounts that have been open for at
22
least one (1) full academic year, the account shall remain open and active
23
for the parent of a former participating student to make qualifying
24
expenditures to educate the student from funds remaining in the account.
25
(ii) When no funds remain in the former
26
participating student’s account, the division may close the account.
27
(3)(A) If a former participating student decides to return to
28
the Arkansas Children’s Educational Freedom Account Program and is a current
29
eligible student, payments into the former participating student’s existing
30
account may resume if the account is still open and active.
31
(B) A new account may be established if the former
32
participating student’s previous account was closed.
33
(k) The state board and the department may adopt rules to provide the
34
least disruptive process for a participating student who desires to stop
35
receiving funds disbursed under this subchapter and enroll full-time in a
36
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public school.
1
2
6-18-2507. Participating schools and participating service providers —
3
Eligibility — Participation.
4
(a) To be eligible to participate in the Arkansas Children's
5
Educational Freedom Account Program, a private school shall:
6
(1)(A) Either:
7
(i) Meet accreditation requirements established by
8
the State Board of Education, the Arkansas Nonpublic School Accrediting
9
Association, Inc., or its successor, or another accrediting association
10
recognized by the state board; or
11
(ii) Be an associate member of or have applied for
12
accreditation by the Arkansas Nonpublic School Accrediting Association, Inc.,
13
or its successor, or another accrediting association recognized by the state
14
board.
15
(B) A private school shall no longer be eligible if:
16
(i) The private school has not received
17
accreditation within four (4) years of becoming eligible;
18
(ii) The state board determines, based on
19
information provided by the accrediting association, that the private school
20
is ineligible or unable to continue the accreditation process; or
21
(iii) It becomes impossible for the private school
22
to obtain accreditation within four (4) years.
23
(C) A private school that becomes ineligible under this
24
section shall regain eligibility when the private school receives
25
accreditation and is approved by the state board;
26
(2)(A) Demonstrate fiscal soundness by having been in operation
27
for at least one (1) school year or providing the Department of Education
28
with a statement by a certified public accountant confirming that the private
29
school is insured and the private school has sufficient capital or credit to
30
operate in the upcoming school year.
31
(B) In lieu of a statement provided under subdivision
32
(a)(2)(A) of this section, a surety bond or letter of credit for the amount
33
equal to the account funds needed by the private school for any quarter may
34
be filed with the department;
35
(3) Certify that it will not discriminate on any basis
36
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prohibited by 42 U.S.C. § 2000d, as it existed on January 1, 2023;
1
(4) Remain academically accountable to a parent for meeting the
2
educational needs of his or her participating student;
3
(5) Employ or contract only with teachers who hold at least
4
baccalaureate degrees or have equivalent documented experience;
5
(6) Comply with all applicable state laws and rules governing
6
private schools;
7
(7) Adhere to the tenets of its published disciplinary
8
procedures before expelling a participating student;
9
(8) Meet any other eligibility criteria set by state board
10
rules;
11
(9) Comply with all applicable health and safety laws and rules;
12
(10) Hold valid occupancy of buildings as required by the
13
relevant municipality in which the private school is located;
14
(11) Exclude any individual from employment who may reasonably
15
pose a risk to the appropriate use of funds disbursed under this subchapter;
16
(12) Complete background checks and fingerprinting for any
17
employee working in the private school; and
18
(13) Maintain for audit purposes a background check of all
19
employees.
20
(b) A public school district or open-enrollment public charter school
21
that previously enrolled a student who is now a participating student under
22
this subchapter shall provide the participating school or participating
23
service provider that has enrolled the student who was previously enrolled in
24
the public school district or open-enrollment public charter school a copy of
25
the participating student's school records to the extent permitted under the
26
provisions of the Family Educational Rights and Privacy Act of 1974, 20
27
U.S.C. § 1232g, as it existed on January 1, 2023.
28
(c) By not later than June 30, 2024, the state board shall adopt
29
rules providing for program eligibility for participating service providers
30
that are not participating schools, including without limitation an
31
application process that is executed, at a minimum, annually for the purpose
32
of determining service provider eligibility.
33
(d) The department shall maintain a list of service providers
34
determined to be eligible to participate in the program and make the list
35
available on the department's website.
36
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(e) The department may bar a service provider from accepting payments
1
from accounts and restrict the service provider’s ability to serve additional
2
participating students if the department determines that the participating
3
service provider has:
4
(1) Failed to maintain continuing eligibility criteria
5
established by the state board;
6
(2) Demonstrated a gross or persistent lack of academic
7
competence, as defined by the state board;
8
(3) Intentionally or substantially misrepresented information or
9
failed to refund any overpayments in a timely manner, as defined by the state
10
board; or
11
(4) Routinely failed to provide participating students with
12
promised educational goods or services, as defined by the state board.
13
(f)(1) The department shall create procedures to ensure that a fair
14
process exists to determine whether a participating service provider may be
15
barred from receiving payments from accounts under subsection (e) of this
16
section.
17
(2) If the department bars a participating service provider from
18
receiving payments from accounts under this section, it shall notify parents
19
and participating students of its decision within three (3) days of its
20
decision on the department's website and through attempted individual
21
communications.
22
(3) A participating service provider may appeal the department’s
23
decision to bar it from receiving payments from accounts to the state board.
24
(g) The following may be subject to review and an audit of funds
25
received related to this subchapter and as directed by the state board:
26
(1) A participating service provider; and
27
(2) A participating school.
28
(h) The state board shall promulgate rules to implement this
29
subchapter.
30
31
6-18-2508. Students with disabilities.
32
The Department of Education shall ensure that parents of students with
33
disabilities identified under the Individuals with Disabilities Education
34
Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023, receive:
35
(1) Notice that participation in the Arkansas Children’s
36
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Educational Freedom Account Program is a parental placement under 20 U.S.C. §
1
1412, as it existed on January 1, 2023; and
2
(2) An explanation of the rights that parentally placed students
3
possess under the Individuals with Disabilities Education Act, 20 U.S.C. §
4
1400 et seq., as it existed on January 1, 2023, and any applicable state laws
5
and rules.
6
7
6-18-2509. Testing.
8
(a)(1) Each participating school and participating service provider
9
shall provide for each participating student to annually take an assessment
10
approved by the State Board of Education, which shall include:
11
(A) An examination identified by the state board that is
12
required for students attending public schools; or
13
(B) A state board-approved nationally recognized norm-
14
referenced test or a statewide assessment, which measures, at a minimum,
15
literacy and math.
16
(2)(A) However, a participating student who has an
17
individualized service plan and is determined by a participating private
18
school to need an exemption from standardized testing due to the existence of
19
a significant cognitive disability is not required to take the test required
20
under subdivision (a)(1) of this section.
21
(B) If a student is not required to take the test required
22
under subdivision (a)(1) of this section, a participating private school
23
shall annually make provision for the student to take an alternate assessment
24
approved by the state board or prepare a portfolio that provides information
25
on a student's progress to the student's parent or guardian.
26
(b) For a participating student who is served by a participating
27
service provider that is not a private school that is a participating school
28
during or after the 2024-2025 school year, his or her parent shall provide
29
for his or her child who is a participating student to take an approved
30
examination meeting the standards established under subsection (a) of this
31
section.
32
(c)(1) The Department of Education shall develop a process for the
33
collection and aggregate reporting of the results of examinations required
34
under this section, which shall include the public dissemination of the
35
results collected by participating private schools and participating service
36
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providers.
1
(2) However, the reporting required under subdivision (c)(1) of
2
this section shall:
3
(A) Not identify any individual student; and
4
(B) Ensure that the summary results of the examinations
5
required under this section are provided to parents of participating
6
students.
7
8
6-18-2510. Reports.
9
(a)(1) Not later than September 30 of each year, the Department of
10
Education shall submit a written report regarding the implementation of the
11
Arkansas Children's Educational Freedom Account Program to the:
12
(A) Legislative Council, or if the General Assembly is in
13
session, the Joint Budget Committee;
14
(B) House Committee on Education; and
15
(C) Senate Committee on Education.
16
(2) The department may contract with an outside entity to
17
compile the report required under subdivision (a)(1) of this section.
18
(b) The report required under subdivision (a)(1) of this section shall
19
include the following information without limitation:
20
(1) The total number of students currently participating in the
21
program;
22
(2) A list of all participating schools and participating
23
service providers;
24
(3) The total student enrollment of each participating school
25
and the percentage of the total enrollment of each school represented by
26
participating students;
27
(4) Aggregated test result data for participating students, from
28
the most recent year available;
29
(5) The percentage of funds used for each type of qualifying
30
expense;
31
(6) An analysis of the program's fiscal impact;
32
(7) The retention rates for participating students enrolled in
33
participating schools;
34
(8) The results of a parental satisfaction survey that shall be
35
administered by the department; and
36
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(9) Other relevant data as determined by the department.
1
2
6-18-2511. Legal proceedings.
3
(a) There shall be no liability on the part of the Department of
4
Education or the state or of any public school or public school district
5
based on the award of or use of an account under this subchapter.
6
(b) Nothing in this section shall be construed as a waiver of
7
sovereign immunity or any other defenses available to the State of Arkansas.
8
9
SECTION 43. Arkansas Code § 6-20-1909(a)(5), concerning powers of the
10
Commissioner of Elementary and Secondary Education with respect to public
11
school districts in fiscal distress, is amended to read as follows:
12
(5) Waive the application of Arkansas law or the corresponding
13
State Board of Education rules, with the exception of:
14
(A) The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et
15
seq.;
16
(B) The Public School Employee Fair Hearing Act, § 6-17-
17
1701 et seq.;
18
(C)(A) Special education programs as provided in this
19
title;
20
(D)(B) Criminal background checks for employees as
21
provided in this title; and
22
(E)(C) Health and safety codes as established by the State
23
Board of Education and local governmental entities;
24
25
SECTION 44. Arkansas Code Title 6, Chapter 20, is amended to add an
26
additional subchapter to read as follows:
27
Subchapter 27 — Transportation Modernization Grant Program
28
29
6-20-2701. Title.
30
This subchapter shall be known and may be cited as the "Transportation
31
Modernization Grant Program".
32
33
6-20-2702. Creation.
34
There is established the Transportation Modernization Grant Program
35
for:
36
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(1) Public school districts;
1
(2) Open-enrollment public charter schools;
2
(3) Early childhood care and education programs or their local
3
early childhood coordinators; and
4
(4) Cities, towns, or other entities deemed eligible by the
5
Division of Elementary and Secondary Education.
6
7
6-20-2702. Department of Education — Duties — Reports.
8
(a) The Department of Education shall:
9
(1) Develop a modernization grant application and application
10
procedures for the Transportation Modernization Grant Program, including
11
defining which public school districts are rural and remote, that require a
12
grant applicant to explain how the grant applicant would use grant moneys to:
13
(A) Improve access to transportation for students
14
attending a public school district, an open-enrollment public charter school,
15
or a licensed childcare center serving publicly funded students; and
16
(B) Support transportation innovations and efficiency
17
solutions;
18
(2) Make final grant determinations and awards; and
19
(3) Submit an interim report by December 15, 2023, and a final
20
report by June 30, 2024, to the Governor, the President of the Senate, the
21
Speaker of the House of Representatives, and the Secretary of State.
22
(b) The reports required under subdivision (a)(3) of this section
23
shall provide and describe:
24
(1) The best practices used by grant recipients to transport
25
students to public school districts, open-enrollment public charter schools,
26
or licensed childcare centers serving publicly funded students who are
27
located outside of traditional attendance boundaries;
28
(2) A list of the grant recipients and the amounts and purposes
29
of the grants; and
30
(3) The number of children impacted per grant recipient.
31
(c) The department may retain up to five percent (5%) of appropriated
32
moneys to administer the program.
33
(d) The department shall distribute the modernization grant moneys
34
based on:
35
(1) Demand;
36
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(2) The most innovative solutions proposed; and
1
(3) Other relevant criteria as determined by the department.
2
(e)(1) At least twenty-five percent (25%) of grants under this
3
subchapter shall be awarded to support rural and remote public school
4
districts.
5
(2) Subdivision (e)(1) of this section shall not apply if an
6
insufficient number of proposals from qualified rural and remote public
7
school districts is submitted.
8
9
6-20-2703. Transportation Modernization Grant Program grants.
10
The Transportation Modernization Grant Program grants shall be used for
11
the following purposes without limitation:
12
(1) Transportation resource sharing with neighboring public
13
school districts or open-enrollment public charter schools;
14
(2) Developing or contracting with rideshare programs or
15
engaging neighborhood carpool strategies;
16
(3) Developing options for reducing costs and improving
17
efficiencies, including without limitation exploring the use of fleet
18
vehicles or using technology to lead to more efficient routing;
19
(4) Developing options to address personnel shortages or
20
challenges;
21
(5)(A) Funding in lieu of grants given to parents.
22
(B)(i) A public school district or open-enrollment public
23
charter school that uses funding in lieu of grants given to parents under
24
subdivision (5)(A) of this section shall give priority to enrolled students
25
who:
26
(a) Meet the economic eligibility requirements
27
established under the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq.,
28
as in effect on January 1, 2023, and National School Lunch Act, 42 U.S.C. §
29
1751, as in effect on January 1, 2023, for free or reduced-price lunches; and
30
(b) Are attending a public school district or
31
an open-enrollment public charter school through open enrollment, if such
32
information is available.
33
(ii) A student who attends a school participating in
34
a community eligibility program is eligible under subdivision (5)(A) of this
35
section;
36
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(6) Partnering with school districts and open-enrollment public
1
charter schools and licensed childcare facilities that accept publicly funded
2
students to reevaluate bus routes to decrease ride time for students, with a
3
priority on routes serving elementary and middle school grades;
4
(7) Developing collaborations with public schools, early
5
childhood care and education programs, and community partners to identify
6
solutions to ensure students' safe and effective passage to school and early
7
childhood care and education programs; and
8
(8) Other relevant grant activities as determined by the
9
Division of Elementary and Secondary Education.
10
11
SECTION 45. Arkansas Code § 6-21-811(g)(6), concerning steps the
12
Division of Public School Academic Facilities and Transportation may take
13
when a public school district is classified as being in facilities distress
14
under the Academic Facilities Distress Program, is amended to read as
15
follows:
16
(6) Waive the application of Arkansas law or the corresponding
17
State Board of Education or commission rules, with the exception of:
18
(A) The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et
19
seq.;
20
(B) The Public School Employee Fair Hearing Act, § 6-17-
21
1701 et seq.;
22
(C)(A) Special education programs as provided in this
23
title;
24
(D)(B) Conducting criminal background checks for employees
25
as provided in this title; and
26
(E)(C) Health and safety codes as established by the state
27
board, the commission, and local governmental entities;
28
29
SECTION 46. Arkansas Code § 6-22-105, concerning background checks for
30
registered volunteers at a school, is amended to add additional subsections
31
to read as follows:
32
(e) If a registered volunteer is in the process of obtaining a
33
coaching certificate or will be working with students in an athletic coaching
34
capacity, the board of directors of an educational entity, as a condition for
35
the registered volunteer’s unsupervised contact with students, shall require
36
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the completion of a criminal records check that is equivalent to that
1
required for nonlicensed personnel under § 6-17-414.
2
(f) The superintendent or director of an educational entity or a third
3
party vendor shall report to the state board the name of any person working
4
as a registered volunteer in an athletic coaching capacity who:
5
(1) Has pleaded guilty or nolo contendere to or has been found
6
guilty of any felony or misdemeanor listed in § 6-17-410(b);
7
(2) Has been arrested or charged with any felony or misdemeanor
8
listed in § 6-17-410(b);
9
(3) Has intentionally compromised the validity or security of
10
any student test or testing program administered or required by the Division
11
of Elementary and Secondary Education;
12
(4) Has knowingly submitted falsified information or failed to
13
submit information requested or required by law to the division, the State
14
Board of Education, or Arkansas Legislative Audit; or
15
(5) Has a true report in the Child Maltreatment Central
16
Registry.
17
(g) The failure of a superintendent or director of an educational
18
entity to report information as required by this section may result in
19
sanctions imposed by the state board.
20
(h)(1) If an arrest or charge is reported in accordance with
21
subdivisions (f)(1) or (f)(2) of this section, the division shall indicate in
22
the Arkansas Educator Licensure System that the person’s employment
23
eligibility is pending or under review.
24
(2) Once the criminal case is resolved, the person’s eligibility
25
status will be updated in accordance with division rules.
26
27
SECTION 47. Arkansas Code § 6-23-302(d) and (e), concerning
28
applications for open-enrollment public charter schools, is amended to read
29
as follows:
30
(d)(1)(A) The application may be reviewed and approved by the local
31
school district board of directors of the public school district in which the
32
proposed open-enrollment public charter school will operate.
33
(B) The applicant may submit to the authorizer for
34
expedited review an application approved by the local school district board
35
of directors under subdivision (d)(1)(A) of this section.
36
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(2)(A) However, if the local school district board of directors
1
disapproves the application, the applicant shall have an immediate right to
2
proceed with a written notice of appeal to the authorizer.
3
(B) The authorizer shall hold a hearing within forty-five
4
(45) calendar days after receipt of the notice of appeal or a request for
5
review.
6
(C) All interested parties may appear at the hearing and
7
present relevant information regarding the application.
8
(e)(d) A licensed teacher employed by a public school district in the
9
school year immediately preceding the effective date of a charter for an
10
open-enrollment public charter school operated at a public school facility
11
may not be transferred to or be employed by the open-enrollment public
12
charter school over the licensed teacher's objections.
13
14
SECTION 48. Arkansas Code § 6-23-304(c), concerning the limitation on
15
the number of charters available under the Arkansas Quality Charter Schools
16
Act of 2013, is amended to read as follows:
17
(c)(1)(A) The division, the state board, or a combination of the
18
division and state board may grant no more than a total of twenty-four (24)
19
charters for open-enrollment public charter schools except as provided under
20
subdivision (c)(1)(B) of this section.
21
(B) If the cap on the number of charters available for an
22
open-enrollment public charter school is within two (2) charters of meeting
23
any existing limitation or cap on available open-enrollment charters, the
24
number of available charters shall automatically increase by five (5) slots
25
more than the most recent existing limitation or cap on open-enrollment
26
charters.
27
(C) By March 1 each year, the division shall issue a
28
Commissioner of Elementary and Secondary Education's memo stating the
29
existing limitation on the number of charters available for open-enrollment
30
public charter schools and the number of charters available for open-
31
enrollment public charter schools during the next application cycle.
32
(2) An open-enrollment public charter school applicant's school
33
campus shall be limited to a single open-enrollment public charter school per
34
charter except as allowed in subsection (d) of this section.
35
(3) An open-enrollment public charter school shall not open in
36
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the service area of a public school district administratively reorganized
1
under § 6-13-1601 et seq., until after the third year of the administrative
2
reorganization.
3
(4)(2) A private or parochial elementary or secondary school
4
shall not be eligible for open-enrollment public charter school status.
5
6
SECTION 49. Arkansas Code § 6-23-307 is amended to read as follows:
7
6-23-307. Renewal of charter.
8
(a) After the initial five-year period of an open-enrollment public
9
charter, the authorizer may renew the open-enrollment public charter on a
10
one-year or multiyear basis, not to exceed twenty (20) years.
11
(b) The State Board of Education shall create an expedited renewal
12
process for open-enrollment public charter schools that meet certain criteria
13
that includes the following without limitation:
14
(1) A school rating that is above the state average based on the
15
most recent results of the Arkansas school rating system established under §§
16
6-15-2105 and 6-15-2106 and state board rules;
17
(2) Demonstration of exceptional academic growth with enrolled
18
students, as defined by the state board; and
19
(3) Adherence to all operational and financial requirements, as
20
defined by the state board.
21
22
SECTION 50. Arkansas Code Title 6, Chapter 23, Subchapter 5, is
23
amended to add an additional section to read as follows:
24
6-23-508. Facilities funding for open-enrollment public charter
25
schools.
26
(a) The Department of Education may:
27
(1) Provide for an open-enrollment public charter school
28
facilities funding program, subject to appropriations by the General
29
Assembly;
30
(2)(A) Contract with a third-party administrator to administer
31
the program established under subdivision (a)(1) of this section.
32
(B) Funds shall be granted to the third-party
33
administrator to create a revolving loan fund for the purpose of financing
34
open-enrollment public charter school facilities projects under this section;
35
and
36
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(3) Establish procedures for administering the fund program
1
established under subdivision (a)(1) of this section.
2
(b) Eligible open-enrollment public charter schools shall be in
3
academic and financial good standing, as determined by the State Board of
4
Education.
5
(c) The state board may promulgate rules to implement this section.
6
7
SECTION 51. Arkansas Code § 6-41-603 is amended to read as follows:
8
6-41-603. Required screening and intervention.
9
(a)(1) A school district shall screen each student in kindergarten
10
through grade two (K-2) and others required by the Division of Elementary and
11
Secondary Education rule using the Dynamic Indicators of Basic Early Literacy
12
Skills (DIBELS) or an equivalent screener grade three (K-3) using a high-
13
quality, evidence-based screener approved by the Division of Elementary and
14
Secondary Education.
15
(2) The screening of students shall be performed with fidelity
16
and include without limitation:
17
(A) Phonological and phonemic awareness;
18
(B) Sound symbol recognition;
19
(C) Alphabet knowledge;
20
(D) Decoding skills;
21
(E) Rapid naming skills; and
22
(F) Encoding skills; and
23
(G) Language comprehension.
24
(3)(A) If the screener under subdivision (a)(1) of this section
25
shows that a student is at risk, or at some risk, then a level I dyslexia
26
screener shall be administered The State Board of Education shall adopt rules
27
to ensure that:
28
(A) All students in kindergarten through grade three (K-3)
29
are screened using a division-approved screener;
30
(B) Consistent interpretation of screening data is used to
31
identify students:
32
(i) Exhibiting a substantial reading deficit; or
33
(ii) Indicating early signs consistent with
34
characteristics of dyslexia;
35
(C) Students receive early intervention by a trained
36
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interventionist; and
1
(D) Student progress is monitored and reported to the
2
parent or legal guardian of a student at least two (2) times each school
3
year.
4
(B) The level I dyslexia screening of a student shall be
5
performed with fidelity and include the components listed under subdivision
6
(a)(2) of this section.
7
(b)(1) The division shall adopt rules to ensure that students will be
8
screened using Dynamic Indicators of Basic Early Literacy Skills (DIBELS) or
9
an equivalent screener: A school district shall screen any student in grades
10
three through twelve (3-12) experiencing difficulty in fluency or spelling as
11
documented by a classroom teacher, a parent or legal guardian of the student,
12
or another individual with knowledge of the student's academic performance.
13
(2) A screening required under subdivision (b)(1) of this
14
section shall be performed with fidelity using information measures of:
15
(A) Oral reading fluency; and
16
(B) Encoding.
17
(3) If a student exhibits deficits in fluency or spelling
18
following a screening under this section, a school district shall administer
19
a level II dyslexia screening as outlined in the Arkansas Dyslexia Resource
20
Guide.
21
(4) The state board shall adopt rules under this subsection to
22
ensure:
23
(A) All students in grades three through twelve (3-12)
24
experiencing difficulty in fluency or spelling are screened using a division-
25
approved screener;
26
(B) Consistent interpretation of screening data is used to
27
identify students exhibiting deficits indicating early signs consistent with
28
characteristics of dyslexia;
29
(C) Students receive early intervention by a trained
30
interventionist; and
31
(D) Student progress is monitored and reported to the
32
parent or legal guardian of a student at least two (2) times each school
33
year.
34
(1) In kindergarten through grade two (K-2);
35
(2) When a student in kindergarten through grade two (K-2)
36
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transfers to a new school and has not been screened;
1
(3) When a student in grade three (3) or higher has difficulty,
2
as noted by a classroom teacher, in:
3
(A) Phonological and phonemic awareness;
4
(B) Sound-symbol recognition;
5
(C) Alphabet knowledge;
6
(D) Decoding skills;
7
(E) Rapid naming skills; and
8
(F) Encoding skills; and
9
(4) When a student from another state enrolls for the first time
10
in Arkansas in kindergarten through grade two (K-2) unless the student
11
presents documentation that the student:
12
(A) Had the screening or a similar screening; or
13
(B) Is exempt from screening.
14
(c)(1) If the initial, level I, or level II dyslexia screening
15
indicates that a student has characteristics of dyslexia, the Response to
16
Intervention (RTI) process shall be used to address the needs of the student.
17
(2)(A)(i) If the level II dyslexia screening conducted by the
18
school district indicates that a student exhibits characteristics of
19
dyslexia, the student shall be provided intervention services.
20
(ii) The level II dyslexia screening shall be
21
completed consistent with the Arkansas Dyslexia Resource Guide.
22
(B) If it is determined that the student has functional
23
difficulties in the academic environment due to characteristics of dyslexia,
24
the necessary accommodations or equipment for the student shall be provided
25
under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and
26
Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131—12165, as
27
they existed on February 1, 2013, if qualified under the applicable federal
28
law.
29
30
SECTION 52. Arkansas Code Title 6, Chapter 41, Subchapter 9, is
31
repealed.
32
Subchapter 9 — Succeed Scholarship Program
33
6-41-901. Definitions — Establishment — Intent.
34
(a) As used in this subchapter:
35
(1) “Foster care” means the care of a child by a group home or
36
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group facility on a twenty-four-hour-a-day basis away from the home of the
1
child's parent or parents;
2
(2) “Foster parent” means the responsible official or officials
3
of a group home or group facility that provides foster care to a child;
4
(3) “Member of the uniformed services” means:
5
(A) An active duty or reserve component member of the
6
United States Army, United States Navy, United States Air Force, United
7
States Marine Corps, United States Space Force, or United States Coast Guard;
8
(B) A member of the National Guard;
9
(C) A member of the National Oceanic and Atmospheric
10
Administration Commissioned Officer Corps; or
11
(D) A member of the active or reserve component of the
12
United States Commissioned Corps of the Public Health Service;
13
(4) “Parent” means a student's parent or foster parent; and
14
(5) “Student with a disability” means students who have been:
15
(A) Identified by a public school district as having a
16
disability consistent with the Individuals with Disabilities Education Act,
17
20 U.S.C. § 1401 et seq.; or
18
(B) Medically diagnosed by a licensed physician as a child
19
with a disability under the Individuals with Disabilities Education Act, 20
20
U.S.C. § 1401(3)(A).
21
(b) The Succeed Scholarship Program is established and intended to
22
provide a scholarship to a private school of choice for:
23
(1) Students in foster care as defined in this section;
24
(2) Students with a disability; or
25
(3) Students who are children of a member of the uniformed
26
services.
27
28
6-41-902. Student eligibility.
29
(a) A parent or legal guardian of a student in this state may apply
30
for a Succeed Scholarship to enroll his or her child in an approved private
31
school in this state if:
32
(1)(A) The student is currently enrolled in a public school and
33
has attended public school for at least one (1) full academic year.
34
(B) Subdivision (a)(1)(A) of this section does not apply
35
if:
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(i) The student is a dependent of an active duty
1
member of any branch of the United States Armed Forces; or
2
(ii) The superintendent of the student's resident
3
school district in this state waives the requirement;
4
(2) The student:
5
(A) Is in foster care as defined in § 6-41-901 or has been
6
in the foster care system and achieved permanency through adoption,
7
reunification, or permanent guardianship;
8
(B) Has been identified by a public school district as
9
having a disability consistent with the Individuals with Disabilities
10
Education Act, 20 U.S.C. § 1400 et seq., as evidenced by written notice of
11
the decision from the public school district, or has been medically diagnosed
12
by a licensed physician as a child with a disability under 20 U.S.C. §
13
1401(3)(A);
14
(C) Participated in the Succeed Scholarship Program during
15
the prior school year and has not yet graduated from high school or attained
16
twenty-one (21) years of age; or
17
(D) Is a child of a member of the uniformed services;
18
(3) The student has been accepted for admission into a private
19
school in this state that is eligible to participate in the program;
20
(4) The parent has notified the student's current school
21
district of the request for a scholarship at least sixty (60) days before the
22
date of the first scholarship payment; and
23
(5)(A) For students in foster care, the Department of Human
24
Services approves the student's placement in the private school.
25
(B) The department shall approve the student's placement
26
in the private school if a determination is made that placement in the
27
private school is in the best interest of the student.
28
(b) If a student is accepted to a private school upon the availability
29
of space, a parent or legal guardian shall notify the student's school
30
district at least sixty (60) days before the student enrolls in the private
31
school and receives the first scholarship payment.
32
(c) The Division of Elementary and Secondary Education shall approve a
33
maximum of twenty (20) scholarships under this subchapter per academic year
34
for students in foster care.
35
(d) For purposes of continuity of educational choice, the program
36
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payments made under this subchapter shall remain in effect until a student
1
who is participating in the program returns to a public school district or
2
open-enrollment public charter school, graduates from high school, or attains
3
twenty-one (21) years of age, whichever occurs first.
4
(e) An eligible student who is a child of a member of the uniformed
5
services may receive a scholarship under this subchapter only if funds remain
6
after all eligible students as described by subdivisions (a)(2)(A)-(C) of
7
this section have received a scholarship under this subchapter.
8
9
6-41-903. Private school eligibility.
10
(a)(1) A private school shall notify the Division of Elementary and
11
Secondary Education of its intent to participate in the Succeed Scholarship
12
Program.
13
(2) The notice shall specify the grade levels and services that
14
the private school has available for students with a disability who are
15
participating in the program.
16
(b) The division shall approve a private school as eligible to
17
participate in the program if the private school:
18
(1) Either:
19
(A) Meets the accreditation requirements set by the State
20
Board of Education, the Arkansas Nonpublic School Accrediting Association,
21
Inc., or its successor, or another accrediting association recognized by the
22
state board as providing services to individuals with severe disabilities; or
23
(B)(i) Is an associate member of or has applied for
24
accreditation by the Arkansas Nonpublic School Accrediting Association, Inc.,
25
or its successor, or another accrediting association recognized by the state
26
board as providing services to individuals with severe disabilities.
27
(ii) A private school shall no longer be eligible if:
28
(a) The private school has not received
29
accreditation within four (4) years of becoming eligible under subdivision
30
(b)(1)(B)(i) of this section;
31
(b) The accrediting association determines
32
that the private school is ineligible or unable to continue the accreditation
33
process; or
34
(c) It becomes impossible for the private
35
school to obtain accreditation within four (4) years.
36
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(iii) A private school that becomes ineligible under
1
subdivision (b)(1)(B)(ii) of this section shall regain eligibility when the
2
private school receives accreditation.
3
(iv) A private school that is not fully accredited
4
shall report annually to the state board its progress towards accreditation;
5
(2)(A) Demonstrates fiscal soundness by having been in operation
6
for one (1) school year or providing the division with a statement by a
7
certified public accountant confirming that the private school is insured and
8
the private school has sufficient capital or credit to operate in the
9
upcoming school year.
10
(B) In lieu of a statement, a surety bond or letter of
11
credit for the amount equal to the scholarship funds for any quarter may be
12
filed with the division;
13
(3) Complies with the antidiscrimination provisions of 42 U.S.C.
14
§ 2000d;
15
(4) Meets state and local health and safety requirements;
16
(5) Is academically accountable to the parent or legal guardian
17
for meeting the educational needs of the student;
18
(6) Employs or contracts with teachers who hold baccalaureate or
19
higher degrees;
20
(7) Complies with all state laws and rules governing private
21
schools; and
22
(8) Adheres to the tenets of its published disciplinary
23
procedures before an expulsion of a student receiving a scholarship.
24
(c) The division shall maintain a list of private schools eligible to
25
participate in the program and make the list available on the division's
26
website.
27
(d)(1)(A) An eligible private school shall administer annually or make
28
provisions for a student participating in the program to take a nationally
29
recognized norm-referenced test as established by the state board.
30
(B) A list, in a deidentified format, of students who have
31
taken a nationally recognized norm-referenced test under subdivision
32
(d)(1)(A) of this section and the students' test results shall be forwarded
33
annually to the state board or its designee.
34
(2)(A) A student who is determined by the private school to need
35
an exemption to standardized testing due to the nature of the student's
36
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disability is not required to take the test required under subdivision
1
(d)(1)(A) of this section.
2
(B) A list, in a deidentified format, of students with an
3
exemption to standardized testing under subdivision (d)(2)(A) of this section
4
shall be provided annually to the state board or its designee.
5
(3)(A) An eligible private school shall annually prepare a
6
portfolio that provides information on a student's progress to the student's
7
parent or guardian if a student is exempt from standardized testing as
8
permitted under subdivision (d)(2)(A) of this section.
9
(B) A list, in a deidentified format, of students with
10
portfolios under subdivision (d)(3)(A) of this section and a general summary
11
of the information provided in the portfolios shall be provided annually to
12
the state board or its designee.
13
(4)(A) An eligible private school under this section shall
14
submit annually to the division or its designee, in a deidentified format
15
required by the Bureau of Legislative Research in consultation with the
16
division, a:
17
(i) Report that lists all students who have received
18
a Succeed Scholarship under this subchapter who have been dismissed from the
19
program by the private school;
20
(ii) Report that lists all students who have received
21
a Succeed Scholarship under this subchapter who have voluntarily returned to
22
a traditional public school;
23
(iii) List of foster children who have:
24
(a) Entered the program;
25
(b) Been dismissed from the program; or
26
(c) Been removed from the program by the
27
Department of Human Services;
28
(iv) Report of administrative costs required to
29
implement the program; and
30
(v) Report regarding the demographic data of
31
students who have applied for the Succeed Scholarship under this subchapter
32
and students who were awarded the Succeed Scholarship under this subchapter,
33
including without limitation the geographic location in the state of the
34
students who are participating in the program.
35
(B) The division shall make information received from
36
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eligible private schools under subdivision (d)(4)(A) of this section
1
available to the House Committee on Education and the Senate Committee on
2
Education in a deidentified format specified by the bureau in consultation
3
with the division.
4
(5) All information under this subsection shall be included in
5
the program biennial study under § 6-41-908.
6
(e)(1) The division shall prepare and submit annually or obtain from
7
its designated administrator for the program under this subchapter a report,
8
in a deidentified format required by the bureau in consultation with the
9
division, that indicates the:
10
(A) List of students who have received a Succeed
11
Scholarship under this subchapter;
12
(B) Eligible private school attended by each student who
13
has received a Succeed Scholarship under this subchapter; and
14
(C) Amount of each Succeed Scholarship received by a
15
student under this subchapter.
16
(2) In addition to the report required under subdivision (e)(1)
17
of this section, the division shall make information received from its
18
designated administrator regarding the program under this subchapter
19
available to the House Committee on Education and the Senate Committee on
20
Education through the bureau.
21
22
6-41-904. Responsibilities of scholarship recipients.
23
(a) The parent or legal guardian of a Succeed Scholarship Program
24
recipient shall:
25
(1) Select the private school from the list of private schools
26
eligible to participate in the program that is maintained by the Division of
27
Elementary and Secondary Education;
28
(2) Apply for the scholarship at least sixty (60) days before
29
the date of the first scholarship payment and notify the superintendent of
30
the student's resident school district within five (5) business days of
31
submitting the application;
32
(3) Fully comply with the parental involvement requirements of
33
the private school unless excused by the school for illness or other good
34
cause;
35
(4) Sign a waiver that releases the State of Arkansas from any
36
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legal obligation to provide services or education to the student
1
participating in the program except for funding provided for the program
2
under the rules established by the State Board of Education;
3
(5) Sign a waiver that releases the student's resident school
4
district from any legal obligation to provide services or education to the
5
student participating in the program while the student is not enrolled in the
6
student's resident school district as provided under the rules established by
7
the state board; and
8
(6) Notify the state board or the state board's designee if the
9
student ceases to be enrolled in or regularly attend the private school for
10
any reason.
11
(b) A student participating in the program shall:
12
(1) Attend the private school throughout the school year unless
13
excused by the school for illness or other good cause; and
14
(2) Comply fully with the code of conduct for the private
15
school.
16
(c) The state board may terminate the scholarship of a student if the
17
student or the student's parent or guardian materially fails to comply with
18
the responsibilities under this section.
19
20
6-41-905. Scholarship payments — Funding — Definition.
21
(a) The maximum scholarship available under the Succeed Scholarship
22
Program is the foundation funding amount for the current school year under §
23
6-20-2305.
24
(b)(1) The amount of the scholarship shall be the amount calculated
25
under subsection (a) of this section or the amount of tuition and fees for
26
the private school, whichever is less.
27
(2)(A) As used in this subsection, “tuition and fees” means
28
expenses determined by a private school to be necessary for the education of
29
a student and required to be paid by a student who is enrolled in the private
30
school, including without limitation expenses related to enrollment,
31
supplies, equipment, access to technology, and services.
32
(B) “Tuition and fees” does not include optional expenses
33
payable to a third party.
34
(c) Scholarship payments shall be disbursed in equal amounts on a
35
monthly basis by the Division of Elementary and Secondary Education or
36
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another state agency, person, firm, or corporation designated by the division
1
to administer and disburse funds.
2
(d) Beginning on July 1, 2015, the division shall prepare a budget,
3
including cost estimates and projections so that a separate appropriation can
4
be made for the program for the 2016-2017 school year.
5
(e) The program shall be funded separately from the Public School Fund
6
and other funds or appropriations designated for public schools.
7
(f) The program shall not be funded with county, city, or school
8
district tax revenues.
9
10
6-41-906. Rules and duties.
11
(a)(1) The State Board of Education shall adopt rules and develop
12
notices and other documentation necessary to administer the Succeed
13
Scholarship Program, including without limitation rules concerning the method
14
for applying for a scholarship, that are in the best interest of students.
15
(2)(A) The state board may promulgate rules and develop a
16
process to award scholarships using a lottery selection process if parent
17
applications exceed the number of available scholarships.
18
(B)(i) Twenty (20) scholarships shall be reserved for
19
students in foster care during the initial lottery each year if a lottery
20
selection process is used.
21
(ii) Any remaining scholarships shall be made
22
available to students with a disability through the lottery process if fewer
23
than twenty (20) students in foster care apply for a scholarship and are
24
eligible for a scholarship before the initial lottery.
25
(C) A weighted lottery may only be used when necessary to
26
comply with a:
27
(i) Federal court order; or
28
(ii) Federal administrative order issued by an
29
appropriate federal agency having proper authority to enforce remedial
30
measures necessary to comply with Title VI of the federal Civil Rights Act of
31
1964, Title IX of the federal Education Amendments of 1972, or the Equal
32
Protection Clause of the Fourteenth Amendment to the United States
33
Constitution.
34
(b) The state board shall not:
35
(1) Become a party to a contract between a participating school
36
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and a student's parent or guardian. However, the state board shall make
1
payments to a participating school as long as a student is enrolled and
2
attending the participating school in good standing as required under § 6-41-
3
904; or
4
(2) Make payments to a participating school after the state
5
board is notified from either the participating school or a student's parent
6
or guardian that the student is no longer enrolled or attending the
7
participating school.
8
9
6-41-907. Autonomy of participating schools.
10
(a) A private school that participates in the Succeed Scholarship
11
Program is not considered an agent or instrumentality of the State of
12
Arkansas or a school district.
13
(b) The curriculum and education plan for a student with a disability
14
attending a private school is not subject to the regulatory authority of the
15
State Board of Education.
16
(c) As a condition of continued participation in the program, the
17
state board may require a participating school that is receiving funds from
18
the program to certify on a semiannual basis under oath that a student is and
19
has been enrolled and attending the participating school except for excused
20
absences.
21
22
6-41-908. Succeed scholarship biennial study.
23
(a) The House Committee on Education and the Senate Committee on
24
Education shall conduct biennially a study of the Succeed Scholarship Program
25
under this subchapter to determine the following information without
26
limitation:
27
(1) The number of students currently participating in the
28
program;
29
(2) The number of students currently participating in the
30
program who attended a traditional public school before receiving a Succeed
31
Scholarship;
32
(3) The number of students currently participating in the
33
program who did not attend a traditional public school before enrolling in a
34
private school upon receipt of a Succeed Scholarship;
35
(4) The number of students who have been dismissed from the
36
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program by a private school that is receiving funds through the program;
1
(5) The number of students who attended a private school with a
2
Succeed Scholarship and voluntarily returned to a traditional public school;
3
(6) The number of children in foster care who have entered the
4
program, have been dismissed from the program, or have been removed from the
5
program by the Department of Human Services;
6
(7) The number of private schools receiving Succeed Scholarship
7
funds that are currently accredited by the Arkansas Nonpublic School
8
Accrediting Association, Inc., its successor, or another accrediting
9
association recognized by the State Board of Education;
10
(8) The number of private schools receiving Succeed Scholarship
11
funds that are currently unaccredited but have applied for accreditation to
12
the Arkansas Nonpublic Accrediting Association, Inc., its successor, or
13
another accrediting association recognized by the state board, and where
14
those schools are in the accreditation process;
15
(9) The number of students who are enrolled in the program and
16
who have taken a nationally recognized norm-referenced test and received the
17
test results;
18
(10) The number of students who are enrolled in the program and
19
have been exempted from standardized testing requirements under § 6-41-903;
20
and
21
(11) The number of student portfolios that have been developed
22
for exempt students and a general summary of the information contained in the
23
student portfolios as required under § 6-41-903.
24
(b) In addition to the above information, the House Committee on
25
Education and the Senate Committee on Education shall:
26
(1) Review norm-referenced test results and student portfolios;
27
and
28
(2) Provide comparative data regarding student performance in
29
the program.
30
(c) The House Committee on Education and the Senate Committee on
31
Education shall compile a final report that includes the findings under
32
subsections (a) and (b) of this section on a biennial basis, with the first
33
report due on March 1, 2020.
34
35
SECTION 53. Arkansas Code Title 6, Chapter 50, Subchapter 1, is
36
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amended to add an additional section to read as follows:
1
6-50-105. Workforce reporting and information — Requirements.
2
(a) No later than January 31, 2024, the Department of Education, in
3
partnership with the Department of Commerce and the Division of Workforce
4
Services, shall develop, publish, and maintain a strategic workforce
5
dashboard and related resources that will provide, at a minimum, information
6
to job seekers on:
7
(1) State and regional labor market conditions;
8
(2) Supply and demand of workers;
9
(3) Workforce program outcomes; and
10
(4) Projected employment growth and declines.
11
(b)(1) No later than January 2025, the Department of Education, in
12
partnership with the Department of Commerce and the Division of Workforce
13
Services, shall develop a single mobile-phone-friendly application for the
14
state that enables every job seeker to view the following without limitation:
15
(A) Available jobs in the job seeker's region;
16
(B) Training required for all available jobs; and
17
(C) Where job seekers can obtain required training or
18
certifications that job seekers may not yet have.
19
(2) The application under this subsection may also include the
20
information reported under § 6-60-105.
21
22
SECTION 54. Arkansas Code Title 6, Chapter 60, Subchapter 1, is
23
amended to add an additional section to read as follows:
24
6-60-119. High school course credit.
25
(a) As used in this section:
26
(1) "Advanced Placement examination" means an examination
27
administered through the Advanced Placement Program;
28
(2) "CLEP examination" means an examination administered through
29
the College-Level Examination Program; and
30
(3) "International Baccalaureate Diploma Programme" means the
31
curriculum and examinations leading to an International Baccalaureate Diploma
32
awarded by the International Baccalaureate.
33
(b) The Division of Higher Education:
34
(1) Shall establish uniform postsecondary criteria for awarding
35
credit to students who have successfully completed the International
36
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Baccalaureate Diploma Programme or achieved required scores on one (1) or
1
more CLEP examinations; and
2
(2) May establish uniform postsecondary criteria for awarding
3
credit to students who attain other nationally recognized college-level
4
credentials, including without limitation those attained through:
5
(A) The Cambridge Advanced International Certificate of
6
Education; and
7
(B) Industry-based credentials.
8
9
SECTION 55. Arkansas Code § 6-61-217 is amended to read as follows:
10
6-61-217. Minimum core courses for college and career prep.
11
(a) In order to promote a coordinated system of higher education in
12
Arkansas and to assure ensure an orderly and effective development of each
13
state-supported institution of higher education, the Arkansas Higher
14
Education Coordinating Board, after consultation with the State Board of
15
Education, shall identify a minimum core of high school courses recommended
16
for preparation for college.
17
(b) The Arkansas Higher Education Coordinating Board, in consultation
18
with the State Board of Education, shall deem a career-ready pathway to a
19
diploma to be equivalent to a standard high school diploma.
20
(b)(c) The Arkansas Higher Education Coordinating Board shall
21
communicate this information at least annually to public school
22
superintendents, who shall make copies available each year to public school
23
students enrolled in grades seven through twelve (7-12).
24
(c)(d) The Arkansas Higher Education Coordinating Board may revise the
25
list of high school courses from time to time, as needed.
26
27
SECTION 56. Arkansas Code § 6-81-1606 is amended to read as follows:
28
6-81-1606. Duration — Amount.
29
(a)(1) The State Teacher Education Program shall be used to provide a
30
loan repayment for federal student loans in the amount of:
31
(1) Three thousand dollars ($3,000) six thousand dollars
32
($6,000) per year for a maximum of three (3) years for a licensed teacher who
33
graduated from a teacher education program after April 2004 and teaches in a
34
public school in this state or successfully completed an alternative educator
35
preparation program after April 2004 and teaches in a public school in the
36
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State Teacher Education Program program:
1
(A) In a subject area designated by the Division of Higher
2
Education in consultation with the Division of Elementary and Secondary
3
Education as having a critical shortage of teachers; or and
4
(B) Located in a geographical area of the state designated
5
by the Division of Higher Education in consultation with the Division of
6
Elementary and Secondary Education as having a critical shortage of teachers;
7
and.
8
(2) An additional one thousand dollars ($1,000) per year for a
9
maximum of three (3) years for a licensed teacher who:
10
(A) Is a minority;
11
(B) Either:
12
(i) Graduated from a teacher education program after
13
April 2004; or
14
(ii) Successfully completed an alternative educator
15
preparation program; and
16
(C) Teaches in a public school in this state A licensed
17
teacher who is given intensive support status under the Teacher Excellence
18
and Support System, § 6-17-2801 et seq., shall be ineligible for receipt of
19
funds under the program for the school year.
20
(b) The Division of Higher Education may spend no more than fifty
21
thousand dollars ($50,000) annually for costs associated with the
22
administration of the State Teacher Education Program.
23
(c) The Division of Higher Education shall promulgate rules necessary
24
for the implementation of this subchapter.
25
26
SECTION 57. Arkansas Code Title 6, Chapter 82, is amended to add an
27
additional subchapter to read as follows:
28
Subchapter 22 — Arkansas Teacher Academy Scholarship Program Act
29
30
6-82-2201. Title.
31
This subchapter shall be known and may be cited as the "Arkansas
32
Teacher Academy Scholarship Program Act".
33
34
6-82-2202. Creation.
35
The Arkansas Teacher Academy Scholarship Program is created under this
36
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subchapter.
1
2
6-82-2203. Definitions.
3
As used in this subchapter:
4
(1) "Academy attendee" means an individual who is enrolled in an
5
Arkansas Teacher Academy at an eligible postsecondary institution who is a:
6
(A) Current teacher;
7
(B) Teacher who has graduated from an Arkansas Teacher
8
Academy at an eligible postsecondary institution; or
9
(C) Current student;
10
(2) "Eligible postsecondary institution" means a public or
11
private two-year or four-year institution of higher education that:
12
(A) Offers a postbaccalaureate program that leads to
13
teacher certification; and
14
(B) Has entered into an agreement with the Division of
15
Higher Education for purposes of the Arkansas Teacher Academy Scholarship
16
Program; and
17
(3) "Tuition and fees" means any one (1) of the following
18
charged by an eligible postsecondary institution that is associated with a
19
program of study that is part of the Arkansas Teacher Academy Scholarship
20
Program and that leads to teacher certification:
21
(A) Tuition;
22
(B) Mandatory fees; and
23
(C) Program fees.
24
25
6-82-2204. Arkansas Teacher Academy — Implementation — Purpose.
26
(a) An eligible postsecondary institution shall implement an Arkansas
27
Teacher Academy to incentivize potential and enrolled academy attendees to:
28
(1) Enter the teaching profession; and
29
(2) Commit to teaching in:
30
(A) Arkansas public schools; or
31
(B) Critical shortage areas in Arkansas based on subject
32
areas or geographical areas.
33
(b) The Division of Higher Education, in consultation with public and
34
private postsecondary institutions, shall develop and implement a centralized
35
administrative process for each Arkansas Teacher Academy, which shall include
36
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without limitation the following:
1
(1) A marketing and promotion plan to recruit academy attendees
2
for an Arkansas Teacher Academy;
3
(2) Data collection and reporting;
4
(3) Tracking of postgraduation service requirements;
5
(4) Coordination of induction services;
6
(5) Distribution of moneys in the Arkansas Teacher Academy
7
Scholarship Program Fund between eligible postsecondary institutions;
8
(6) Collection of reimbursements from individuals who fail to
9
meet the service requirements under this subchapter;
10
(7) A process for assessing an academy attendee's ability to
11
repay financial assistance received under this subchapter if the academy
12
attendee who receives financial assistance under this subchapter is
13
physically or mentally unable to fulfill the requirements of an Arkansas
14
Teacher Academy program; and
15
(8) A process for deferring service or repayment required by
16
this subchapter based on factors adopted by the division.
17
18
6-82-2205. Arkansas Teacher Academy — Programs — Eligible
19
postsecondary institution duties.
20
(a) An Arkansas Teacher Academy may include without limitation a new
21
or existing teacher preparation program that utilizes proven, research-based
22
models of best practices that are already being implemented in similar
23
program pathways.
24
(b) An eligible postsecondary institution may:
25
(1) Develop a portfolio of teacher preparation programs to offer
26
as part of its Arkansas Teacher Academy;
27
(2)(A) Give priority to students in grades eleven (11) and
28
twelve (12).
29
(B) However, an eligible postsecondary institution shall
30
not exclude students in grades nine (9) and ten (10) from its Arkansas
31
Teacher Academy; and
32
(3)(A) Use scholarship funds that exceed the cost of tuition and
33
fees at the eligible postsecondary institution to support its Arkansas
34
Teacher Academy costs.
35
(B) However, if a scholarship awarded to an academy
36
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attendee under this subchapter does not cover the eligible postsecondary
1
institution's tuition and fees after an academy attendee receives all other
2
financial gifts, financial aid, and grants, the eligible postsecondary
3
institution shall not charge an academy attendee awarded a scholarship under
4
this subchapter the remaining difference.
5
(c)(1) An eligible postsecondary institution shall develop formal
6
partnerships with Arkansas public schools to build commitments for teacher
7
employment upon an academy attendee's completion of an Arkansas Teacher
8
Academy program.
9
(2) The targeted deployment of academy attendees who are
10
currently teachers who have completed an Arkansas Teacher Academy program
11
shall be based on the:
12
(A) Needs of each public school system;
13
(B) Community that is being served; and
14
(C) Individual skills of each current teacher who has
15
completed an Arkansas Teacher Academy program.
16
(d) A program offered as part of an eligible postsecondary
17
institution's Arkansas Teacher Academy shall include accelerated program
18
models for the following without limitation:
19
(1) Subject areas and geographical areas identified by the
20
Division of Elementary and Secondary Education as experiencing a critical
21
shortage of teachers;
22
(2) An individual seeking postbaccalaureate coursework that
23
results in a professional certification; and
24
(3) A student in a non-education program who seeks to complete
25
one (1) or more teacher preparation courses in order to prepare him or her to
26
receive a teaching certification following his or her graduation.
27
28
6-82-2206. Scholarship — Amount — Academy attendee requirements.
29
(a)(1) An eligible postsecondary institution shall provide to each
30
academy attendee who is enrolled in its Arkansas Teacher Academy an annual
31
scholarship up to the actual cost of the:
32
(A) Eligible postsecondary institution's tuition and fees
33
for a maximum of:
34
(i) Two (2) academic years or four (4) academic
35
semesters for an academy attendee who is a graduate student enrolled in the
36
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Arkansas Teacher Academy at the eligible postsecondary institution;
1
(ii) Four (4) academic years or eight (8) academic
2
semesters for an undergraduate student enrolled in the Arkansas Teacher
3
Academy at the eligible postsecondary institution; and
4
(iii)(a) Two (2) academic years or four (4) academic
5
semesters for a community college student enrolled in the Arkansas Teacher
6
Academy at the eligible postsecondary institution.
7
(b) A student who qualifies under subdivision
8
(a)(1)(A)(iii)(a) of this section shall receive continued eligibility for two
9
(2) additional academic years or four (4) additional academic semesters at a
10
postsecondary institution that is an undergraduate institution; and
11
(B) Obtainment of a teaching license issued by the State
12
Board of Education, including without limitation the actual cost of one (1)
13
exam required for obtaining a teaching license issued by the state board.
14
(2) A scholarship distributed to an academy attendee under
15
subdivision (a)(1) of this section shall be distributed only after all other
16
financial gifts, financial aid, and grants have been received by an Academy
17
attendee enrolled in an Arkansas Teacher Academy at an eligible postsecondary
18
institution.
19
(b) Each academy attendee who is enrolled in an Arkansas Teacher
20
Academy shall:
21
(1)(A) Agree to teach at least one (1) full school year in a
22
public school or in a school that serves primarily public school students
23
with disabilities in the State of Arkansas for each academic year the academy
24
attendee successfully completes and for which the academy attendee receives a
25
scholarship for all or part of his or her tuition and fees.
26
(B) For an academy attendee who teaches and receives the
27
scholarship concurrently, the academy attendee's commitment period to teach
28
in a public school in the State of Arkansas as required under subdivision
29
(b)(1)(A) of this section shall begin after the academy attendee's graduation
30
from an Arkansas Teacher Academy;
31
(2) Reimburse the Division of Higher Education for the:
32
(A) Total amount of scholarship funds the academy attendee
33
received for tuition and fees for an academic year in which the academy
34
attendee does not successfully complete the academic year in good academic
35
standing; and
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(B) Proportional amount of the scholarship the academy
1
attendee received for tuition and fees that corresponds to the number of
2
school years the academy attendee agreed to teach in a public school in the
3
State of Arkansas but did not teach in a public school in the State of
4
Arkansas as required under subdivision (b)(1)(A) of this section; and
5
(3) Not include time that the academy attendee is enrolled in a
6
summer term in the calculation of the academy attendee's commitment period to
7
teach in a public school in the State of Arkansas as required under
8
subdivision (b)(1)(A) of this section.
9
10
6-82-2207. Division of Higher Education — Scholarship distribution
11
duties — Reporting requirements.
12
(a) The Division of Higher Education shall:
13
(1) Administer the Arkansas Teacher Academy Scholarship Program
14
Fund; and
15
(2) Establish criteria for distributing scholarships from the
16
fund.
17
(b) On or before March 1, 2024, and each year thereafter, the division
18
shall report to the Joint Budget Committee, or, if the General Assembly is
19
not in session, the Legislative Council, and the Governor's office the
20
following information:
21
(1) The total number of academy attendees enrolled in each
22
eligible postsecondary institution's Arkansas Teacher Academy in the current
23
academic year;
24
(2) The total number of Arkansas Teacher Academy graduates
25
receiving induction services in the current academic year; and
26
(3) The estimated amount of moneys committed from the Arkansas
27
Children's Educational Freedom Account Fund.
28
(c) On or before September 1, 2024, and each year thereafter, the
29
division shall report to the Governor, President Pro Tempore of the Senate,
30
and Speaker of the House of Representatives, with a copy submitted to the
31
Secretary of State, the following information:
32
(1) The total number of academy attendees enrolled in each
33
eligible postsecondary institution's Arkansas Teacher Academy by year of
34
college enrollment;
35
(2) The percentage of academy attendees who complete each year
36
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of an eligible postsecondary institution's Arkansas Teacher Academy and who
1
plan to continue to the subsequent year, delineated by each teacher
2
preparation program offered by each eligible postsecondary institution as
3
part of the Arkansas Teacher Academy;
4
(3) The number of academy attendees who are currently teachers
5
and who complete a program of study through an eligible postsecondary
6
institution's Arkansas Teacher Academy;
7
(4) The number of academy attendees who are currently teaching
8
in a public school in the State of Arkansas as part of an agreement for
9
receiving a scholarship under this subchapter;
10
(5) The total number of Arkansas Teacher Academy graduates
11
receiving induction services;
12
(6) The number of academy attendees who have defaulted on their
13
obligations under this subchapter and who are in repayment agreements;
14
(7) The number of academy attendees who have deferred repayment
15
agreements;
16
(8) The number of academy attendees who have completed repayment
17
agreements;
18
(9) The methodology for distributing any moneys appropriated for
19
the scholarships distributed under this subchapter to each eligible
20
postsecondary institution and the amounts distributed to each eligible
21
postsecondary institution; and
22
(10) The amount of unused moneys in the fund from the previous
23
fiscal year.
24
(d) The division may promulgate rules to implement this subchapter.
25
26
SECTION 58. Arkansas Code Title 6 is amended to add an additional
27
subtitle to read as follows:
28
SUBTITLE 7
29
EARLY CHILDHOOD CARE AND EDUCATION.
30
31
CHAPTER 86
32
GENERAL PROVISIONS [RESERVED.]
33
34
CHAPTER 87
35
UNIFIED EARLY CHILDHOOD CARE AND EDUCATION SYSTEM.
36
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1
6-87-101. Early Childhood Care and Education System.
2
(a)(1) There is created within the Department of Education the Office
3
of Early Childhood.
4
(2) The head of the Office of Early Childhood shall report
5
directly to the Secretary of Education or his or her designee.
6
(b) The office shall be responsible for all programs funded through
7
state or federal resources that provide early childhood care or educational
8
services, including without limitation:
9
(1) The Child Care and Development Block Grant Act;
10
(2) State preschool;
11
(3) The Individuals with Disabilities Education Act, Pub. L. No.
12
101-476:
13
(A) Part B for children before Kindergarten; and
14
(B) Part C for infants and toddlers; and
15
(4) The Arkansas Head Start State Collaboration Office.
16
(c) Under § 25-43-105, the administration of the programs under
17
subsection (b) of this section currently overseen by the Division of Child
18
Care and Early Childhood Education shall be transferred to the Office of
19
Early Childhood.
20
(d) The office:
21
(1) Shall serve as the lead agency for the Child Care and
22
Development Block Grant; and
23
(2) May contract with other state agencies, including without
24
limitation the Department of Human Services, to administer certain functions
25
during the transition period established in this section, or in perpetuity.
26
(e) The State Board of Education, through the Department of Education,
27
shall establish a seamless early childhood educational system that is
28
coordinated and integrated across all programs and related state agencies,
29
regardless of public funding source, working cooperatively and
30
collaboratively with the Department of Human Services and the Department of
31
Health.
32
(f) To facilitate the administration of a unified system of early
33
childhood care and education and all classroom seats supported with public
34
funds, not later than October 1, 2024, the state board, through the
35
Department of Education, shall competitively select and work with local early
36
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childhood lead organizations in communities throughout the state to:
1
(1) Support access to early childhood programs;
2
(2) Identify gaps in service;
3
(3) Foster partnerships;
4
(4) Create alignment among the public and private providers and
5
agencies within the community that serve families and children; and
6
(5)(A) Establish a comprehensive, locally supported plan for
7
providing early childhood programs and services within the community.
8
(B) The plans required under subdivision (f)(5)(A) of this
9
section shall address specific responsibilities that include without
10
limitation:
11
(i) Measuring the need for affordable access to
12
quality early childhood care and education for children from birth through
13
age four (4) within the community;
14
(ii) Conducting an unduplicated count of children
15
served through public funds before kindergarten;
16
(iii) Establishing a local, collaborative governing
17
structure for shared decision making;
18
(iv) Identifying shared resources that can support
19
improved access to and quality of early childhood care and education programs
20
for children from birth through age four (4), and determining how resources
21
can be leveraged to maximize the impact of early childhood care and education
22
programs at every age;
23
(v) Coordinating enrollment processes for families;
24
and
25
(vi) Determining how future financial support should
26
be used to expand access to and improve the quality of infant, toddler, and
27
pre-kindergarten classrooms in the region, according to the locally created
28
plan.
29
(g) To facilitate the creation of the Unified Early Childhood Care and
30
Education System, the state board shall:
31
(1) Establish and promulgate a definition of kindergarten
32
readiness aligned with state content standards for elementary and secondary
33
schools;
34
(2) Create a simple, clear, and understandable uniform
35
accountability system for publicly funded early childhood education programs
36
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that includes without limitation a rating indicative of child outcomes;
1
(3)(A) Designate the 2024-2025 school year as a pilot learning
2
year in which practice ratings, which shall not result in any consequences,
3
shall be created for publicly funded sites and the region in which they are
4
included.
5
(B) The practice ratings utilized under subdivision
6
(g)(3)(A) of this section shall allow for a transition for the state and
7
programs from the previous system to the Unified Early Childhood Care and
8
Education System established by this chapter, holding harmless financial and
9
other incentives and consequences and allowing for revisions to the existing
10
timeline without harm to existing providers;
11
(4) In coordination with other state agencies:
12
(A) Reduce any burdensome, unnecessary rules for the
13
licensing of childcare facilities; and
14
(B) Report on the reduction of rules under subdivision
15
(g)(4)(A) of this section to the General Assembly as part of the written
16
report required under subsection (k) of this section;
17
(5) Establish a timeline for the creation and implementation of
18
the Unified Early Childhood Care and Education System administered through
19
local early childhood educational lead organizations that shall be fully
20
implemented by the beginning of the 2026-2027 school year; and
21
(6)(A) Create and publish a parent-friendly website that
22
includes information on locally available schools and centers near their
23
homes.
24
(B) The website required under subdivision (g)(6)(A) of
25
this section shall include without limitation the:
26
(i) Curriculum being taught;
27
(ii) Tuition costs;
28
(iii) Student-teacher ratios; and
29
(iv) Accountability results.
30
(h)(1) The state board, through the Department of Education, may use
31
available, eligible public and private funds to implement new strategies to
32
increase access to and improve the quality of early childhood care and
33
education programs by establishing pilot programs administered by local early
34
childhood lead organizations, as identified by the state board.
35
(2) The findings from these pilot programs shall be used to
36
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inform statewide efforts to improve the effectiveness of local early
1
childhood care and education programs, including without limitation:
2
(A) Supporting businesses to open childcare for employees;
3
and
4
(B) Creating alternative funding models to support access
5
to high-quality, small business childcare options.
6
(i) The state board shall promulgate rules to implement the provisions
7
of this section related to the Unified Early Childhood Care and Education
8
System.
9
(j) Requirements to participate in the Unified Early Childhood Care
10
and Education System shall not apply to early childhood programs that receive
11
public funds solely for food and nutrition assistance.
12
(k)(1) By no later than March 1, 2024, the state board shall submit a
13
written report regarding the status of identification of local early
14
childhood lead organizations and unification of the Unified Early Childhood
15
Care and Education System to the:
16
(A) President Pro Tempore of the Senate;
17
(B) Speaker of the House of Representatives;
18
(C) Senate Committee on Education; and
19
(D) House Committee on Education.
20
(2) The report required under subdivision (k)(1) of this section
21
shall include without limitation any recommendations related to changes in
22
law or administrative rules that are needed to maximize the positive
23
implementation of the Unified Early Childhood Care and Education System by
24
the local early childhood lead organizations.
25
26
6-87-102. Unified Early Childhood Care and Education System
27
stakeholder engagement.
28
(a) By no later than October 1, 2024, and before the transfer of the
29
Division of Child Care and Early Childhood Education from the Department of
30
Human Services to the Department of Education by a cabinet-level department
31
transfer under § 25-43-502, the Secretary of the Department of Education
32
shall engage with early childhood stakeholders to advise the Office of Early
33
Childhood, including without limitation on:
34
(1) Provision of recommendations on the efficient, effective
35
transition of functions and funds between agencies; and
36
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(2) Identification of opportunities to maximize the impact of
1
the Unified Early Childhood Care and Education System for families,
2
providers, and the economy.
3
(b) Stakeholders shall include without limitation the following:
4
(1) Childcare providers, which may include without limitation:
5
(A) Head Start programs;
6
(B) Private childcare providers; and
7
(C) School-based prekindergarten providers;
8
(2) Families with children receiving early care and education
9
services;
10
(3) Experts in early childhood care and education;
11
(4) Experts in early literacy and early numeracy;
12
(5) Business and industry representation;
13
(6) Leadership from the Department of Education and the
14
Department of Human Services; and
15
(7) Relevant advocacy organizations.
16
17
6-87-103. Academic approval.
18
(a) By no later than January 1, 2024, each early learning center
19
approved for licensure by the Department of Education and receiving public
20
funds under this chapter shall:
21
(1) Meet all health and safety standards previously required by
22
the Department of Human Services; and
23
(2)(A) Obtain approval from the department for adherence to the
24
requirements of the Unified Early Childhood Care and Education System
25
established under this chapter regarding kindergarten readiness as determined
26
by the State Board of Education.
27
(B) The department shall base its approval under
28
subdivision (a)(2)(A) of this section on an early learning center's
29
satisfactory participation in the Unified Early Childhood Care and Education
30
System, including without limitation unified accountability and coordinated
31
enrollment, as determined by the state board.
32
(b) The state board shall:
33
(1) Conduct a comprehensive review of all state standards and
34
rules for all licenses at least every five (5) years; and
35
(2) Provide a public process through which early learning
36
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centers may submit specific rules that early educators want reviewed or
1
changed.
2
3
6-87-104. Transition of federal funds for Child Care and Development
4
Block Grant - Department of Education authority to receive federal funds for
5
Child Care and Development Block Grant.
6
(a)(1) Upon transfer of lead agency authority from the Department of
7
Human Services to the Department of Education for the federal Child Care and
8
Development Fund, the Department of Education may accept and direct the
9
disbursement of funds appropriated by any act of the United States Congress
10
and apportioned to the State of Arkansas for use in connection with any Child
11
Care and Development Fund programs.
12
(2)(A) The Department of Education shall deposit all funds
13
received from the United States Government with the Treasurer of State, who
14
shall, subject to legislative appropriation, make disbursements upon the
15
recommendation of the Department of Education.
16
(B) Before the transfer of lead agency authority under
17
subdivision (a)(1) of this section, the Department of Human Services shall
18
seek input and approval from the Department of Education in the development
19
of the federal Child Care and Development Fund State Plan or any amendments
20
to the plan before its submittal to the United States Department of Health
21
and Human Services.
22
(b) The State Board of Education shall:
23
(1) Promulgate rules required to implement the Child Care and
24
Development Fund State Plan; and
25
(2) Develop and implement a state plan in accordance with the
26
rules promulgated under this subsection.
27
(c)(1) Before the transfer of lead agency authority under subdivision
28
(a)(1) of this section, the Department of Human Services and the Department
29
of Education shall enter into a cooperative endeavor agreement to ensure a
30
coordinated and seamless transition that does not interrupt the provision of
31
state services or unduly impact the operation or function of either agency
32
and that is informed by the early childhood stakeholders.
33
(2) The cooperative endeavor agreement required under
34
subdivision (c)(1) of this section may allow services to be purchased by the
35
Department of Education, including without limitation the following services:
36
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(A) Fulfilling grant requirements;
1
(B) Data reporting; and
2
(C) Services to clients.
3
(d) The transition required under this section shall occur in such a
4
manner that is cost neutral to the state.
5
(e) Lead agency authority shall transfer no later than October 1,
6
2023, which shall be established in the cooperative endeavor agreement.
7
(f)(1) The cooperative endeavor agreement required under this section
8
shall be submitted to the Legislative Council for review.
9
(2) As part of administering lead agency authority, the
10
Department of Education may contract existing functions back to the
11
Department of Human Services, subject to legislative review by July 1, 2025.
12
(g) The Department of Education and the Department of Human Services
13
shall coordinate, share appropriate data, and jointly report on any workforce
14
development indicators or priorities associated with early childhood care and
15
education funding programs as they relate to the postsecondary education,
16
training, and employment of beneficiaries who are parents, legal guardians,
17
or persons standing in loco parentis to a student receiving services under
18
this chapter.
19
20
SECTION 59. Arkansas Code § 9-28-113(j)(2), concerning a foster
21
child's placement in a nonpublic school, is amended to read as follows:
22
(2)(A) Except as provided in subdivision (j)(2)(B) of this
23
section, state or federal funding shall not be used for the placement of a
24
foster child in a nonpublic school, including a private, parochial, or home
25
school.
26
(B) The prohibition under subdivision (j)(2)(A) of this
27
section shall not apply to a foster child who receives a Succeed Scholarship
28
under § 6-41-901 et seq an Arkansas Children's Educational Freedom Account
29
Fund under § 6-18-2501 et seq.
30
31
SECTION 60. Arkansas Code § 19-5-304, concerning the Education Fund, is
32
amended to add additional subdivisions to read as follows:
33
(11) CHILD CARE GRANT FUND ACCOUNT.
34
(A) The Child Care Grant Fund Account shall be used for
35
the Child Care Grant program to consist of general revenues and any other
36
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nonfederal funds, as may be appropriated by the General Assembly.
1
(B) Federal reimbursement received by the Department of
2
Education shall be deposited into separate funds on the books of the
3
Treasurer of State; and
4
(12) CHILD CARE AND EARLY CHILDHOOD EDUCATION FUND ACCOUNT.
5
(A) The Child Care and Early Childhood Education Fund
6
Account shall be used for:
7
(i) The maintenance, operation, and improvement
8
required by the Division of Child Care and Early Childhood Education in
9
carrying out those functions, powers, and duties as set out in the Childcare
10
Facility Licensing Act, § 20-78-201 et seq.; and
11
(ii) Carrying out other duties imposed by law upon
12
the Division of Child Care and Early Childhood Education.
13
(B) The Child Care and Early Childhood Education Fund
14
Account shall consist of:
15
(i) Those general revenues as may be provided by
16
law;
17
(ii) Nonrevenue income derived from services
18
provided by the Division of Child Care and Early Childhood Education; and
19
(iii) Any other nonfederal grant-in-aid funds
20
provided by law.
21
22
SECTION 61. Arkansas Code § 19-5-306(10)(A)(xiv), concerning the Child
23
Care Grant program funded by the Department of Human Services Grants Fund
24
Account, is repealed.
25
(xiv) Child Care Grant.
26
27
SECTION 62. Arkansas Code § 19-5-306(12), concerning the Child Care
28
and Early Childhood Education Fund Account, is repealed.
29
(12) Child Care and Early Childhood Education Fund Account.
30
(A) The Child Care and Early Childhood Education Fund
31
Account shall be used for the maintenance, operation, and improvement
32
required by the Division of Child Care and Early Childhood Education in
33
carrying out those functions, powers, and duties as set out in the Childcare
34
Facility Licensing Act, § 20-78-201 et seq., or other duties imposed by law
35
upon the Division of Child Care and Early Childhood Education.
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(B) The Child Care and Early Childhood Education Fund
1
Account shall consist of:
2
(i) Those general revenues as may be provided by law;
3
(ii) Nonrevenue income derived from services provided
4
by the Division of Child Care and Early Childhood Education; and
5
(iii) Any other nonfederal grant-in-aid funds
6
provided by law; and
7
8
SECTION 63. Arkansas Code Title 19, Chapter 5, Subchapter 12, is
9
amended to add additional sections to read as follows:
10
19-5-1277. Arkansas Children's Educational Freedom Account Fund.
11
(a) There is created on the books of the Treasurer of State, the
12
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
13
fund to be known as the "Arkansas Children’s Educational Freedom Account
14
Fund".
15
(b)(1) Notwithstanding any other provisions of law, for fiscal year
16
2024 and each fiscal year thereafter, in addition to all other amounts
17
required under the Arkansas Children's Educational Freedom Account Program,
18
the Department of Education shall include in its annual budget request
19
submitted under § 19-4-301 et seq., and the Governor shall include in each
20
recommendation submitted to the General Assembly under § 19-4-201, an
21
appropriation to the Department of Education, Division of Elementary and
22
Secondary Education, for the greater of an amount not less than two percent
23
(2%) of:
24
(A) Net public school enrollment adjusted for state
25
foundation funding aid purposes; or
26
(B) The total number of eligible program applications
27
received by the division, if available, multiplied by the prior year's
28
statewide net foundation funding aid allotted per student.
29
(2) The amount appropriated under subdivision (b)(1) of this
30
section shall be transferred by the division to the fund to be used solely to
31
meet the obligations required under the program, except as otherwise provided
32
in this section.
33
(3) The Governor shall include a recommendation, as required
34
under § 19-4-201, that the total amount of funds appropriated to the division
35
that was not transferred to the fund during the previous fiscal year due to
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an accumulated balance from previous fiscal years as provided under
1
subsection (c) of this section be reappropriated for the subsequent fiscal
2
year.
3
(c) Each fiscal year, the amount required to be requested and
4
recommended for appropriation under subsection (b) of this section shall be
5
reduced by the sum of:
6
(1) Any unused, accumulated amounts transferred to the fund due
7
to the requirements under this subsection from previous years; and
8
(2) Any unused appropriations made to the department due to the
9
requirements under this subsection that were not transferred to the fund due
10
to an accumulated balance from previous years.
11
12
19-5-1278. Literacy Tutoring Grant Fund.
13
(a) There is created on the books of the Treasurer of State, the
14
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
15
fund to be known as the “Literacy Tutoring Grant Fund”.
16
(b) The fund shall consist of:
17
(1) Moneys obtained from private or public grants, gifts, or
18
donations that are designated to be credited to the fund; and
19
(2) Any other funds authorized or provided by law.
20
(c) The fund shall be used by the Division of Elementary and Secondary
21
Education to create and maintain a literacy tutoring grant program fund under
22
the Right to Read Act, § 6-17-429.
23
(d) Moneys remaining in the fund at the end of each fiscal year shall
24
carry forward and be made available for the purposes stated in this section
25
in the next fiscal year.
26
27
19-5-1279. Arkansas Teacher Academy Scholarship Program Fund.
28
(a) There is created on the books of the Treasurer of State, the
29
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
30
fund to be known as the "Arkansas Teacher Academy Scholarship Program Fund".
31
(b) The fund shall consist of funds authorized or provided by law.
32
(c) The fund shall be used by the Division of Higher Education to
33
create and maintain the Arkansas Teacher Academy Scholarship Program Act, §
34
6-82-2201 et seq., which shall include only the following expenses:
35
(1) Reimbursing an eligible postsecondary institution for
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Arkansas Teacher Academy scholarships distributed under the Arkansas Teacher
1
Academy Scholarship Program Act, § 6-82-2201 et seq., that cover the balance
2
of tuition and fees for undergraduate, graduate, and postbaccalaureate
3
students who are enrolled in the academy after all other financial gifts,
4
financial aid, and grants have been received by academy attendees enrolled in
5
an academy at eligible postsecondary institutions;
6
(2) Supporting academy attendees who are currently employed by a
7
public school district in the state;
8
(3) Conducting induction services for academy graduates; and
9
(4)(A) Implementing a marketing and promotion plan to recruit
10
and retain students and teachers in the academy with particular emphasis on:
11
(i) Prioritizing academy attendees who reflect the
12
diversity of the state's student and teacher population; and
13
(ii) Administering the academy.
14
(B) However, annual expenditures for funds expended under
15
subdivision (c)(4)(A) of this section shall not exceed three percent (3%) of
16
moneys in the fund each fiscal year.
17
(d) Moneys remaining in the fund at the end of each fiscal year may be
18
used by an eligible postsecondary institution for academy costs in the next
19
fiscal year.
20
21
19-5-1280. Teacher Minimum Salary and Raise Fund.
22
(a) There is created on the books of the Treasurer of State, the
23
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
24
fund within the Public School Fund to be known as the “Teacher Minimum Salary
25
and Raise Fund”.
26
(b) The fund shall consist of:
27
(1) Moneys obtained from private or public grants, gifts, or
28
donations that are designated to be credited to the fund; and
29
(2) Any other moneys authorized or provided by law.
30
(c) The fund shall be used by the Department of Education to maintain
31
and distribute revenue authorized under § 6-17-2403 for teacher minimum
32
salary levels and teacher raises.
33
(d) Moneys remaining in the fund at the end of each fiscal year shall
34
carry forward and be made available for the purposes stated in this section
35
in the next fiscal year.
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1
19-5-1281. Merit Teacher Incentive Fund.
2
(a) There is created on the books of the Treasurer of State, the
3
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
4
fund within the Public School Fund to be known as the “Merit Teacher
5
Incentive Fund”.
6
(b) The fund shall consist of:
7
(1) Moneys obtained from private or public grants, gifts, or
8
donations that are designated to be credited to the fund; and
9
(2) Any other funds authorized or provided by law.
10
(c) The fund shall be used by the Division of Elementary and Secondary
11
Education to create and maintain the Merit Teacher Incentive Fund Program
12
moneys.
13
(d) Moneys remaining in the fund at the end of each fiscal year shall
14
carry forward and be made available for the purposes stated in this section
15
in the next fiscal year.
16
17
SECTION 64. Arkansas Code § 20-38-102(a)(2)(C), concerning criminal
18
history records checks, is amended to read as follows:
19
(C) The licensing or certifying agency shall share the
20
information obtained from the criminal history records check and the national
21
criminal history records check only with employees of the Department of Human
22
Services or the Department of Education who have an official business reason
23
to see the information.
24
25
SECTION 65. Arkansas Code § 20-38-112(e)(1), concerning exclusions from
26
criminal history records checks, is amended to read as follows:
27
(1) With the exception of applicants and employees qualified
28
under § 20-38-105(d)(3), an employment determination and the criminal history
29
records check used to make the determination for an applicant or employee of
30
a service provider shall be fully acceptable and transferrable upon request
31
between the following divisions and offices of the Department of Education or
32
the Department of Human Services:
33
(A) The Division of Child Care and Early Childhood
34
Education for a childcare facility or church-exempt childcare facility;
35
(B) The Division of Developmental Disabilities Services
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for an Alternative Community Services Waiver Program provider, an early
1
intervention provider, or a nonprofit community program; and
2
(C) The Office of Long-Term Care for a long-term care
3
facility licensed as an intermediate care facility for individuals with
4
developmental disabilities.; and
5
(D) The Department of Human Services for an entity
6
licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.
7
8
SECTION 66. Arkansas Code § 20-78-503(a), concerning the Arkansas Child
9
Care Facilities Loan Guarantee Trust Fund, is amended to read as follows:
10
(a)(1) There is established a cash fund account of the Division of
11
Child Care and Early Childhood Education of the Department of Human Services
12
Education to be known as the “Arkansas Child Care Facilities Loan Guarantee
13
Trust Fund”. This
14
(2) The cash fund account is to established under subdivision
15
(a)(1) of this section shall be maintained:
16
(A) Maintained in one (1) or more financial institutions
17
of the state; and shall be administered
18
(B) Administered in accordance with this subchapter.
19
20
SECTION 67. Arkansas Code § 20-78-606(e), concerning rules for criminal
21
history records checks, is amended to read as follows:
22
(e) The Division of Child Care and Early Childhood Education of the
23
Department of Human Services Education shall establish by rule requirements
24
for registry records checks for:
25
(1) An applicant for licensure or exemption from licensure as a
26
service provider;
27
(2) An applicant for employment with a service provider; and
28
(3) An employee of a service provider.
29
30
SECTION 68. Arkansas Code § 25-10-102(a)(7), concerning the
31
organization of the Department of Human Services, is repealed:
32
(7) The Division of Child Care and Early Childhood Education;
33
and
34
35
SECTION 69. Arkansas Code § 25-43-502(a), concerning state entities
36
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transferred to the Department of Education, is amended to add additional
1
subdivisions to read as follows:
2
(17) The Division of Child Care and Early Childhood Education,
3
created under § 20-78-205;
4
(18) The Child Care Appeal Review Panel, defined in § 20-78-202;
5
and
6
(19) The Arkansas Early Childhood Commission, created under §
7
20-78-501.
8
9
SECTION 70. Arkansas Code § 25-43-902(a)(8), concerning state entities
10
transferred to Department of Human Services, is repealed:
11
(8) The Division of Child Care and Early Childhood Education,
12
created under § 20-78-205;
13
14
SECTION 71. DO NOT CODIFY. CABINET-LEVEL TRANSFER.
15
(a) The Division of Child Care and Early Childhood Education of the
16
Department of Human Services, created under § 20-78-205, is transferred to
17
the Department of Education by a cabinet-level department transfer under §
18
25-43-101 et seq.
19
(b) Except as provided in subsection (d) of this section, a cabinet-
20
level department transfer under subsection (a) of this section includes all
21
state entities under the division, including without limitation an office,
22
program, or other unit of the division.
23
(c) Except as provided in subsection (d) of this section, the division
24
shall otherwise continue to exercise the duties of the division under the
25
administration of the cabinet-level Department of Education in the same
26
manner as before the transfer of the division.
27
(d)(1) It is the specific intent of the General Assembly that the
28
Department of Human Services retain and continue to exercise all stated
29
statutory authority, powers, duties, and functions of the division regarding
30
entities licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et
31
seq.
32
(2) It is the specific intent of the General Assembly that the
33
Department of Human Services retain all revenue, property, records,
34
employees, unexpended balances of state appropriations or state allocations,
35
and functions of budgeting and purchasing of the division regarding entities
36
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licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.
1
2
SECTION 72. DO NOT CODIFY. Severability. If any provision of this
3
act or the application of this act to any person or circumstance is held
4
invalid, the invalidity shall not affect other provisions or applications of
5
this act that can be given effect without the invalid provision or
6
application, and to this end, the provisions of this act are declared
7
severable.
8
9
SECTION 73. EMERGENCY CLAUSE.
10
(a) It is found and determined by the General Assembly of the State of
11
Arkansas that the provision of educational services to children in the State
12
of Arkansas impacts the public peace, health, and safety through its effect
13
upon student learning, which is critical for the future success of the state;
14
that the act amends substantial portions of the Arkansas Code as it pertains
15
to prekindergarten through grade twelve (preK-12) education in the State of
16
Arkansas; that these amendments are extensive and will require new rules and
17
procedures to be developed to implement the changes; that many of the changes
18
to the Arkansas Code will require that certain procedures are put in place
19
before the beginning of the 2023-2024 school year; that this act is
20
immediately necessary in order to give local public school districts time to
21
update school district policies to account for changes created by this act to
22
provide necessary educational services; and that this act is immediately
23
necessary in order to give the Department of Education time to promulgate
24
rules necessary to implement this act to provide necessary educational
25
services. Therefore, an emergency is declared to exist, and Sections 1-6, 8,
26
11-21, 23-31, 35, 37-42, 44, 46-57, and 59 of this act being immediately
27
necessary for the preservation of the public peace, health, and safety shall
28
become effective on:
29
(1) The date of its approval by the Governor;
30
(2) If the bill is neither approved nor vetoed by the Governor,
31
the expiration of the period of time during which the Governor may veto the
32
bill; or
33
(3) If the bill is vetoed by the Governor and the veto is
34
overridden, the date the last house overrides the veto.
35
(b) It is found and determined by the General Assembly of the State of
36
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Arkansas that this act transfers a division within the Department of Human
1
Services to the Department of Education under Sections 58, 60-62, and 64-70
2
of this act; that the cabinet-level transfer revises the duties of the
3
Division of Child Care and Early Childhood Education as it currently exists
4
within the Department of Human Services; that the cabinet-level department
5
transfer impacts the expenses and operations of state government; and that it
6
is necessary for the protection of the health, welfare, and safety of
7
children who are affected by the division's programs and services that this
8
cabinet-level department transfer occur at the beginning of the next fiscal
9
year to coincide with the budgeting functions of the Department of Human
10
Services and Department of Education and ensure continuity of services; that
11
Section 63 of this act creates new funds to be administered by the Department
12
of Education; that the funds created to implement various provisions of this
13
act must correspond to the beginning of the 2024 fiscal year in order to
14
maintain the provision of education-related services, which is vital for
15
Arkansas children in public schools. Therefore, an emergency is declared to
16
exist, and Sections 58 and Sections 60-70 of this act being necessary for the
17
preservation of the public peace, health, and safety shall become effective
18
on July 1, 2023.
19
(c) It is found and determined by the General Assembly of the State of
20
Arkansas that Sections 7, 9-10, 22, 32-34, 36, 43, and 45 concern The Teacher
21
Fair Dismissal Act of 1983, § 6-17-1501 et seq., and the Public School
22
Employee Fair Hearing Act, § 6-17-1701 et seq.; that these provisions of law
23
directly affect existing public school employees who are employed by public
24
school districts under written annual contracts; that public school
25
employees' written annual contracts are in effect through the end of the
26
current school year; that in order to avoid affecting current public school
27
employees' contracts with public school districts, these provisions of law
28
must go into effect on a certain date, which corresponds with the end of the
29
2022-2023 school year and the beginning of the 2023-2024 school year; that
30
provisions of this act are immediately necessary to ensure that contracts
31
entered into between public school districts and public school employees for
32
the upcoming 2023-2024 school year, which are currently being negotiated,
33
account for the correct provisions of state law in order to provide essential
34
educational services to public school students in kindergarten through grade
35
twelve (K-12) in the State of Arkansas and ensure that public school
36
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districts are in compliance with current statutory requirements concerning
1
the provision of educational and related services to public school children.
2
Therefore, an emergency is declared to exist, and Sections 7, 9-10, 22, 32-
3
34, 36, 43, and 45 of this act being necessary for the preservation of the
4
public peace, health, and safety shall become effective on June 30, 2023.
5
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
As enrolled or final
341,323 characters
Stricken language would be deleted from and underlined language would be added to present law.
Act 237 of the Regular Session
*TNL248*
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State of Arkansas
As Engrossed: H2/27/23
1
94th General Assembly
A Bill
2
Regular Session, 2023
SENATE BILL 294
3
4
By: Senators B. Davis, Hester, Irvin, J. Dismang, J. English, G. Stubblefield, Flippo, B. Johnson, D.
5
Wallace, Hill, M. Johnson, K. Hammer, D. Sullivan, Gilmore, M. McKee, C. Penzo, J. Boyd, J. Petty, J.
6
Bryant, Crowell, Stone, Dees, J. Payton, J. Dotson, A. Clark
7
By: Representatives Brooks, M. Shepherd, McCollum, B. McKenzie, Pilkington, S. Meeks, Wardlaw,
8
Eubanks, Cozart, Womack, C. Fite, Lundstrum, Bentley, Gonzales, Beck, K. Brown, Richmond, Fortner,
9
Cavenaugh, Maddox, Barker, Rye, Hollowell, Watson, Lynch, Wing, Crawford, L. Johnson, C. Cooper,
10
Breaux, Evans, McGrew, Ray, Beaty Jr., McClure, Milligan, Haak, John Carr, Underwood, Furman, G.
11
Hodges, J. Moore, Achor, Burkes, Hawk, McAlindon, M. Brown, Rose, Puryear, Gramlich, Painter,
12
Duffield, Unger, R. Scott Richardson, Andrews
13
14
For An Act To Be Entitled
15
AN ACT TO CREATE THE LEARNS ACT; TO AMEND VARIOUS
16
PROVISIONS OF THE ARKANSAS CODE AS THEY RELATE TO
17
EARLY CHILDHOOD THROUGH GRADE TWELVE (12) EDUCATION
18
IN THE STATE OF ARKANSAS; TO DECLARE AN EMERGENCY;
19
AND FOR OTHER PURPOSES.
20
21
22
Subtitle
23
TO CREATE THE LEARNS ACT; TO AMEND
24
VARIOUS PROVISIONS OF THE ARKANSAS CODE
25
AS THEY RELATE TO EARLY CHILDHOOD THROUGH
26
GRADE TWELVE EDUCATION IN THE STATE OF
27
ARKANSAS; AND TO DECLARE AN EMERGENCY.
28
29
30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
31
32
SECTION 1. DO NOT CODIFY. Title.
33
This act shall be known and may be cited as the "LEARNS Act".
34
35
SECTION 2. Arkansas Code § 6-10-128(d)(1), concerning school resource
36
As Engrossed: H2/27/23
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officer training requirements, is amended to read as follows:
1
(d)(1) Sworn, nonsupervisory law enforcement personnel, including
2
without limitation school resource officers, who are assigned to a public
3
school campus during the instructional day or employed by a public school
4
district shall:
5
(A) Within eighteen (18) months of being assigned or
6
employed by the public school district:
7
(i)(a) Complete a forty-hour basic school resource
8
officer training program developed and provided, or approved, by the Arkansas
9
Center for School Safety of the Criminal Justice Institute.
10
(b) The training required under subdivision
11
(d)(1)(A)(i)(a) of this section shall include without limitation:
12
(1) The roles and responsibilities of
13
school resource officers in public schools;
14
(2) Laws that are specific to public
15
schools and students in public schools; and
16
(3) Adolescent behavior and development;
17
and
18
(ii)(a) Obtain certification in Youth Mental Health
19
First Aid Attend a training in youth mental health as required by the State
20
Board of Education.
21
(b) Youth Mental Health First Aid
22
certification shall be maintained and renewed The youth mental health
23
training required under subdivision (d)(1)(A)(ii)(a) of this section shall be
24
obtained every four (4) years if the school resource officer remains assigned
25
to or employed by a public school district;
26
(B)(i) Within five (5) years after receiving the initial
27
basic school resource officer training program, complete a sixteen-hour
28
school resource officer refresher training developed and provided, or
29
approved, by the Arkansas Center for School Safety of the Criminal Justice
30
Institute.
31
(ii) The school resource officer refresher training
32
required under subdivision (d)(1)(B)(i) of this section shall be completed
33
every five (5) years; and
34
(C)(i) Annually complete twelve (12) hours of public
35
school-specific continuing education developed and provided, or approved, by
36
As Engrossed: H2/27/23
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the Arkansas Center for School Safety of the Criminal Justice Institute.
1
(ii) The Youth Mental Health First Aid The youth
2
mental health training required under subdivision (d)(1)(A)(ii) of this
3
section and the school resource officer refresher training required under
4
subdivision (d)(1)(B) of this section shall count towards the twelve (12)
5
hours of public school-specific continuing education required under
6
subdivision (d)(1)(C)(i) of this section in the years during which the Youth
7
Mental Health First Aid youth mental health and school resource officer
8
refresher trainings are completed.
9
10
SECTION 3. Arkansas Code § 6-11-105(a), concerning powers and duties of
11
the State Board of Education, is amended to add an additional subdivision to
12
read as follows:
13
(13) Administer the state’s early learning and education system,
14
which shall include the administration of:
15
(A) Relevant rules related to administering funding,
16
licensing, standards, and program requirements;
17
(B) Quality rating and improvement initiatives; and
18
(C) Streamlining and burden reduction for families and
19
providers.
20
21
SECTION 4. Arkansas Code § 6-13-620(5), concerning the power of a
22
school district board of directors to employ staff, is amended to read as
23
follows:
24
(5)(A) Employ staff, including:
25
(i)(a)(A)(i) A superintendent and one (1) or more
26
assistant superintendent of schools to oversee the day-to-day operations of
27
the school district.
28
(b)(ii) A superintendent shall be evaluated
29
annually or no less often than before any extension of his or her employment
30
contract.
31
(c)(iii) Superintendents and assistant
32
superintendents may be employed under contract terms and conditions that
33
incorporate all elements prescribed by the State Board of Education; and
34
(ii)(a)(B) School district employees under initial
35
written employment contracts in the form prescribed by the State Board of
36
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Education, not including day-to-day substitutes.
1
(b) The employment contract shall:
2
(1) State the duration of employment,
3
specific duties of the employee and the annual salary or hourly wage of the
4
employee and projected annual earnings in the case of nonexempt employees
5
under applicable state and federal law; and
6
(2) Incorporate all personnel policies
7
adopted by June 30 to be in effect on July 1 of the following employee
8
contract year, subject to the requirements and exceptions contained in §§ 6-
9
17-204 and 6-17-205.
10
(B) Copies of initial written employment contracts and
11
renewed written employment contracts issued in accordance with §§ 6-17-1506
12
and 6-17-1703 shall be distributed as follows:
13
(i) One (1) copy to be given to the employee;
14
(ii) One (1) copy to be retained by the school
15
district board of directors; and
16
(iii) One (1) copy to be retained by the school
17
district's treasurer or bookkeeper;
18
19
SECTION 5. Arkansas Code § 6-13-635(b)(1)(B), concerning a resolution
20
approved by a school district board of directors for an increase in salary of
21
five percent (5%) or more of a public school district employee, is amended to
22
read as follows:
23
(B) The resolution shall include the reasons for the
24
salary increase, which may include without limitation:
25
(i) A bonus that is not added to the employee's
26
salary;
27
(ii) An incentive bonus provided:
28
(a) For National Board for Professional
29
Teaching Standards certification under § 6-17-413;
30
(b) To a certified speech-language pathologist
31
under § 6-17-413;
32
(c) For teacher recruitment or retention in
33
high-priority school districts under § 6-17-811;
34
(d)(c) To a master principal under § 6-17-
35
1603; or
36
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(e)(d) Under another specific provision of
1
law; or
2
(iii) An increase in salary received as a result of
3
the school district employee moving into a new position with substantially
4
different job functions.
5
6
SECTION 6. Arkansas Code Title 6, Chapter 13, Subchapter 6, is amended
7
to add an additional section to read as follows:
8
6-13-636. Authority to make school personnel hiring and placement
9
decisions.
10
(a)(1) Each local public school district board of directors shall
11
adopt policies for and establish procedures that require a public school
12
district superintendent to consult with teachers employed by the public
13
school district before making any decisions regarding the hiring or placement
14
of a principal at the public school in which the teachers are employed.
15
(2) Recommendations made by teachers under subdivision (a)(1) of
16
this section shall not be binding on the superintendent, but shall be
17
considered by the superintendent when making employment decisions within the
18
public school district.
19
(b)(1) Each public school district superintendent and public school
20
principal shall make all employment-related decisions based upon the
21
following, as applicable to the specific position for which the public school
22
district superintendent and public school principal are hiring:
23
(A) Performance;
24
(B)(i) Effectiveness.
25
(ii) Effectiveness shall be used as the primary
26
criterion for making personnel decisions; and
27
(C) Qualifications.
28
(2) However, seniority and tenure shall not be used as the
29
primary criterion when making decisions regarding the hiring, assignment, or
30
dismissal of public school teachers and other public school employees.
31
(c)(1) Each public school district shall ensure that its reduction in
32
force plan, as defined under § 6-17-2407, is aligned with all state laws,
33
including without limitation subsection (b) of this section.
34
(2) To ensure compliance as required under subdivision (c)(1) of
35
this section, each public school district shall submit to the Division of
36
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Elementary and Secondary Education its reduction in force plan each time it
1
is updated, including without limitation updates regarding:
2
(A) Staff positions that are to be eliminated;
3
(B) Staff performance and effectiveness metrics applicable
4
to each specific position; and
5
(C) Any other general or specific change made to the
6
reduction in force plan.
7
(d) A public school district employee employment contract shall:
8
(1) State the:
9
(A) Duration of employment;
10
(B) Specific duties of the employee;
11
(C) Annual salary or hourly wage of the employee;
12
(D) Projected annual earnings in the case of nonexempt employees
13
under applicable state and federal law; and
14
(E) Employee's right to:
15
(i) Notice of a recommendation for termination from
16
the public school district superintendent; and
17
(ii) An opportunity for a hearing before the public
18
school district board of directors concerning the employee's recommendation
19
for termination; and
20
(2)(A) Incorporate all personnel policies adopted by June 30 to
21
be in effect on July 1 of the following employee contract year, subject to
22
the requirements and exceptions contained in §§ 6-17-204 and 6-17-205.
23
(B) Copies of initial written employment contracts and
24
renewed written employment contracts shall be distributed as follows:
25
(i) One (1) copy to be given to the employee;
26
(ii) One (1) copy to be retained by the school
27
district superintendent or his or her designee; and
28
(iii) One (1) copy to be retained by the school
29
district's treasurer or bookkeeper.
30
31
SECTION 7. Arkansas Code § 6-13-808(i), concerning the Arkansas
32
Traveling Teacher Program, is repealed.
33
(i) An agreement for traveling teacher services under this section is
34
not governed by or subject to the provisions of The Teacher Fair Dismissal
35
Act of 1983, § 6-17-1501 et seq.
36
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1
SECTION 8. Arkansas Code § 6-15-1303 is amended to read as follows:
2
6-15-1303. Safe Schools Initiative Act.
3
(a)(1) A public school district or open-enrollment public charter
4
school shall conduct a comprehensive school safety audit assessment every
5
three (3) years to assess the safety, security, accessibility, and emergency
6
preparedness of district buildings and grounds in collaboration with local
7
law enforcement, fire, and emergency management officials.
8
(2)(A) A comprehensive school safety audit assessment shall be
9
conducted by more than one (1) individual, including at least one (1)
10
individual who is not assigned to the facility being audited assessed, if the
11
audit assessment is conducted by district personnel.
12
(B) A comprehensive school safety audit assessment shall
13
include without limitation an audit assessment of the following:
14
(i) Safety and security of the site and exterior of
15
buildings;
16
(ii) Access control;
17
(iii) Safety and security of the interior of
18
buildings;
19
(iv) Monitoring and surveillance, including without
20
limitation type and extent;
21
(v) Communication and information security;
22
(vi) Review of emergency operation plans; and
23
(vii) School climate and culture.
24
(3) The initial comprehensive school safety audit assessment
25
shall be conducted by August 1, 2024.
26
(4) The Division of Elementary and Secondary Education shall
27
promulgate rules specifying how the completion of the audit assessment and
28
confirmation of collaboration with local law enforcement and emergency
29
management officials shall be verified.
30
(b)(1) A public school district or open-enrollment public charter
31
school shall conduct an annual lockdown drill for a possible threat on campus
32
at each school in the public school district or open-enrollment public
33
charter school.
34
(2) As part of the public school district or open-enrollment
35
public charter school's planning for lockdown drills, the public school
36
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district or open-enrollment public charter school shall:
1
(A) Assess the plan and ability of the public school
2
district or open-enrollment public charter school to prevent and respond to a
3
threat on campus;
4
(B) Identify the roles and responsibilities of each
5
individual when an emergency occurs;
6
(C) Discuss the logistics of responding to an emergency on
7
the school campus;
8
(D) Identify areas in which the emergency operation plan
9
of the school may require modification, if necessary; and
10
(E) Collaborate with local law enforcement, medical
11
professionals, fire department and emergency management officials.
12
(3) The Division of Elementary and Secondary Education shall
13
promulgate rules describing how the completion of the drills and confirmation
14
of collaboration with local law enforcement, medical professionals, fire
15
department and emergency management officials shall be verified.
16
(c)(1) On or before October 1, 2021, a public school shall provide
17
current floor plans and pertinent emergency contact information to
18
appropriate first responders.
19
(2) Public school administration shall provide updated
20
information annually and when substantial building modifications or changes
21
are made.
22
(3) Information provided under this subsection is not a public
23
record and is not available for public inspection.
24
(4) The Division of Elementary and Secondary Education shall
25
promulgate rules describing how public school compliance with subdivisions
26
(c)(1) and (2) of this section will be verified.
27
(d)(1) Subject to continued appropriation and funding for this
28
purpose, the Arkansas Center for School Safety of the Criminal Justice
29
Institute shall assist the Division of Elementary and Secondary Education in
30
building the capacity of educators, leaders, and law enforcement
31
professionals to meet the safety needs of children in public schools in this
32
state.
33
(2) The Arkansas Center for School Safety of the Criminal
34
Justice Institute shall promote and support school safety statewide and shall
35
provide school safety training, education, and resources for school, school
36
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district, and law enforcement personnel.
1
(3)(A) The Arkansas Center for School Safety of the Criminal
2
Justice Institute shall be the state school safety clearinghouse and shall
3
collaborate with the following entities to provide a comprehensive,
4
efficient, and effective resource for education and law enforcement personnel
5
to obtain training and technical assistance to meet the school safety needs
6
of students in this state:
7
(i) The Division of Elementary and Secondary
8
Education;
9
(ii) The Safe Schools Committee established under
10
this subchapter;
11
(iii) The Arkansas Association of Educational
12
Administrators;
13
(iv) The Arkansas School Boards Association;
14
(v) Education service cooperatives;
15
(vi) The Division of Emergency Management;
16
(vii) The Arkansas Public School Resource Center,
17
Inc.; and
18
(viii) Other key stakeholders.
19
(B) The Division of Elementary and Secondary Education
20
shall collaborate actively with the Arkansas Center for School Safety of the
21
Criminal Justice Institute and shall promote the training and resources
22
provided by the Arkansas Center for School Safety of the Criminal Justice
23
Institute to public school district or open-enrollment public charter school
24
staff.
25
(C) The training provided by the Arkansas Center for
26
School Safety of the Criminal Justice Institute may include without
27
limitation the training and education needed to assist a public school or
28
private school in:
29
(i) Developing prevention strategies and enhancing
30
existing emergency response plans for campus security and safety issues;
31
(ii) Addressing public safety and legal topics such
32
as drugs and alcohol abuse, sexual assault, dating violence, bullying and
33
cyber-bullying cyberbullying, human trafficking, gangs, preventing the
34
possession of weapons by minors, and responding to the threat of weapons at
35
school;
36
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(iii) Conducting school safety audits assessments;
1
(iv) Cooperating effectively with law enforcement
2
officers, school resource officers, and other school safety personnel, in the
3
school setting; and
4
(v) Other relevant school safety topics,
5
initiatives, and programs.
6
(4) Annual training and emergency response drills may be
7
conducted during the instructional day or during noninstructional time
8
periods as determined by the school district.
9
(e) Subject to an appropriation and funding for this purpose, each
10
public school, in collaboration with the school district, may install
11
communications equipment that is interoperable with the Arkansas Wireless
12
Information Network system.
13
(f)(1) A public school district or open-enrollment public charter
14
school shall have a school safety expert review and advise on architectural
15
plans for a public school facility before the new construction of the public
16
school facility.
17
(2) The requirements for a school safety expert shall be
18
established by the Commission for Arkansas Public School Academic Facilities
19
and Transportation by rule.
20
(g) To promote school safety, the Department of Education shall:
21
(1) Work with organizations, including without limitation the
22
following:
23
(A) Readiness and Emergency Management for Schools (REMS)
24
Technical Assistance Center (TA); and
25
(B) The National Training and Technical Assistance Center
26
in order to develop a customized, state-level school bus safety initiative
27
for use by public school districts, open-enrollment public charter schools,
28
and transportation offices;
29
(2)(A) Make crisis response training available to school
30
personnel and other key stakeholders throughout the state.
31
(B) The department shall ensure all public school
32
districts and open-enrollment public charter schools receive relevant
33
training information required under subdivision (g)(2)(A) of this section in
34
a timely manner; and
35
(3) Conduct an analysis to determine how the Arkansas State
36
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Fusion Center may be more effectively utilized to:
1
(A) Receive and disseminate information pertaining to
2
threats against public schools; and
3
(B) Provide timely and relevant information to public
4
schools and other appropriate entities pertaining to school safety.
5
(h) Each public school district and open-enrollment public charter
6
school shall support student mental health on a timeline to be established by
7
the department by:
8
(1) Supporting access to training in youth mental health for all
9
school personnel who interact with students;
10
(2) Requiring all school staff to complete mental health
11
awareness training; and
12
(3) Establishing a behavioral threat assessment team, which
13
shall:
14
(A) Follow best practices for team composition and
15
process; and
16
(B) Require that all team members receive basic and
17
advanced behavioral threat assessment training through the Arkansas Center
18
for School Safety of the Criminal Justice Institute or another organization
19
or entity approved by the state board.
20
(i) Each public school district and open-enrollment public charter
21
school shall work with law enforcement to improve school safety and security
22
by:
23
(1) Developing plans to increase the presence of uniformed law
24
enforcement on all public school campuses at all times when school staff and
25
children are attending class or during a major extracurricular activity;
26
(2)(A) Providing to school resource officers, commissioned
27
school security officers, and institutional law enforcement officers regular
28
specialized training, including specific training on roles and
29
responsibilities associated with each position.
30
(B) Responsibilities of school resource officers,
31
commissioned school security officers, and institutional law enforcement
32
officers shall not include involvement with student disciplinary action, as
33
defined in § 6-18-501 et seq.; and
34
(3) Implementing and expanding strategies to promote reporting,
35
which shall include anonymous reporting of:
36
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(A) Suspicious activity and behavior; and
1
(B) Threats.
2
(j) Each public school district and open-enrollment public charter
3
school shall promote student security and safety by:
4
(1) Forming District Safety and Security Teams to review
5
district emergency operations plans and security policies and procedures;
6
(2)(A) Conducting a comprehensive school safety assessment every
7
three (3) years that is reviewed by the public school district board of
8
directors and administration or an open-enrollment public charter school's
9
governing body.
10
(B) The comprehensive school safety assessment required
11
under subdivision (j)(2)(A) of this section shall:
12
(i) Be solely for the purpose of ensuring student
13
safety;
14
(ii) Not be a public record and not be available for
15
public inspection under the Freedom of Information Act of 1967, § 25-19-101
16
et seq.; and
17
(iii) Be conducted only in an executive session
18
convened by a public school district board of directors or an open-enrollment
19
public charter school's governing body;
20
(3) Training school nurses and staff in efforts that enhance the
21
emergency medical response within public schools, including without
22
limitation:
23
(A) Training concerning opioid overdose; and
24
(B) Bleeding control training;
25
(4) Establishing and maintaining a comprehensive, common
26
communication plan to be utilized by:
27
(A) School officials;
28
(B) Students;
29
(C) Parents, legal guardians, or persons standing in loco
30
parentis to a student;
31
(D) Law enforcement; and
32
(E) Other relevant stakeholders;
33
(5) Establishing systems that enable direct communication with
34
local, law-enforcement, which may include without limitation:
35
(A) Emergency alert systems;
36
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(B) Radios for school officials that are programmed with
1
law enforcement frequencies; and
2
(C) School camera systems that can be accessed in real
3
time by law enforcement; and
4
(6) Reviewing and updating cybersecurity policies and procedures
5
annually.
6
7
SECTION 9. Arkansas Code § 6-15-2610 is amended to read as follows:
8
6-15-2610. Construction with other state law.
9
To the extent that the provisions of this subchapter or the terms of an
10
approved Rewarding Excellence in Achievement Program plan directly conflict
11
with any provision of § 6-17-201 et seq., The Teacher Fair Dismissal Act of
12
1983, § 6-17-1501 et seq., or the provisions of any other state law relating
13
to the compensation of public school teachers, the provisions of this
14
subchapter and the approved Rewarding Excellence in Achievement plan shall
15
control.
16
17
SECTION 10. Arkansas Code § 6-15-2804(a)(9), concerning requirements
18
for schools that are designated as schools of innovation, is repealed.
19
(9) Adhere to The Teacher Fair Dismissal Act of 1983, § 6-17-
20
1501 et seq.;
21
22
SECTION 11. Arkansas Code § 6-15-2907(a), concerning the
23
implementation of a statewide student assessment system, is amended to read
24
as follows:
25
(a) The Division of Elementary and Secondary Education shall implement
26
a statewide student assessment system to be administered by Arkansas public
27
schools on a schedule determined by the State Board of Education that
28
includes the following components:
29
(1) Developmentally appropriate measurements or assessments for
30
kindergarten through grade two (K-2) in literacy and mathematics;
31
(2)(A) High-quality, evidence-based literacy screeners for
32
kindergarten through grade three (K-3).
33
(B)(i) The division shall identify the literacy screeners
34
required under subdivision (a)(2)(A) of this section, which shall meet the
35
requirements of § 6-41-603 and may be the same screener used for dyslexia
36
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screening.
1
(ii) The literacy screeners required under
2
subdivision (a)(2)(A) of this section shall be utilized to determine student
3
progression in reading in kindergarten through grade three (K-3) and shall
4
be:
5
(a) Given during the first thirty (30) days of
6
the school year;
7
(b) Repeated, if indicated, midyear; and
8
(c) Given at the end of the school year.
9
(iii) The division shall collect and publish
10
aggregated public school district, open-enrollment public charter school, and
11
overall state literacy assessment results annually by October 1;
12
(2)(3) Assessments to measure English language arts,
13
mathematics, and science as identified by the state board;
14
(3)(4) Assessments of English proficiency of all English
15
learners; and
16
(4)(A)(5)(A) Assessments to measure college and career
17
readiness.
18
(B) A public school that serves a student in grades ten
19
through twelve (10-12) shall administer college and career readiness
20
assessments, including a career readiness assessment that leads to a
21
nationally recognized work readiness certificate, as determined by the state
22
board to each student before he or she graduates from high school.
23
(C) Public school districts may offer additional college
24
and career readiness assessments for students in grades ten through twelve
25
(10-12) at no cost to the student by using public school district funding,
26
including without limitation Enhanced Student Achievement Funding under § 6-
27
20-2305.
28
29
SECTION 12. Arkansas Code § 6-15-2911(b), concerning the development
30
of a student success plan, is amended to read as follows:
31
(b)(1) Beginning with the 2018-2019 school year, each student, by the
32
end of grade eight (8), shall have a student success plan developed by school
33
personnel in collaboration with parents and the student that is reviewed and
34
updated annually.
35
(2) The student success plan shall, at a minimum:
36
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(A) Guide the student along pathways to graduation;
1
(B) Address accelerated learning opportunities;
2
(C) Address academic deficits and interventions; and
3
(D) Include college and career planning components.
4
(3) Beginning with the 2023-2024 school year:
5
(A) Each student's student success plan, or the student's
6
individualized education program, if applicable, shall include the
7
recommended sequence of courses for successful completion of a diploma
8
pathway selected by the student;
9
(B)(i) A student success plan shall be sufficiently
10
flexible to allow the student to, with the written approval of a parent,
11
legal guardian, or person standing in loco parentis to the student, change
12
his or her diploma pathway.
13
(ii) A change made to a student's diploma pathway
14
under subdivision (b)(3)(B)(i) of this section shall be structured to ensure
15
that the student will:
16
(a) Meet the high school graduation
17
requirements for the student's chosen diploma pathway or the requirements of
18
the student's individualized education program, if applicable; and
19
(b) Be qualified for admission to a
20
postsecondary educational institution or to enter the workforce; and
21
(C)(i) Each student's student success plan shall be
22
reviewed annually and revised as necessary to identify the courses to be
23
taken each year until all required core courses are completed.
24
(ii) Upon completion of the review required under
25
subdivision (b)(3)(C)(i) of this section, the student's student success plan
26
shall be signed by the:
27
(a) Student;
28
(b) Student's parent, legal guardian, or
29
person standing in loco parentis to the student; and
30
(c) School counselor.
31
(iii) Before revising a student success plan under
32
subdivision (b)(3)(C)(i) of this section, a school counselor or person acting
33
in the equivalent role of a school counselor shall meet with the student's
34
parent, legal guardian, or persons standing in loco parentis to the student
35
either in person or virtually to explain the possible impacts the revisions
36
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to the plan might have on the student's graduation requirements and
1
postsecondary education goals.
2
(iv) Any revisions to a student success plan shall
3
be approved in writing by the student's parent, legal guardian, or person
4
standing in loco parentis to the student.
5
(3)(4) An individualized education program for a student with a
6
disability, identified under the Individuals with Disabilities Education Act,
7
20 U.S.C. § 1400 et seq., meets the requirements of this section if the
8
individualized education program:
9
(A) Addresses academic deficits and interventions for
10
students not meeting standards-based academic goals at an expected rate or
11
level; and
12
(B) Includes a transition plan that addresses college and
13
career planning components.
14
(4)(5) The State Board of Education may promulgate rules to
15
implement this section that include without limitation requirements for the
16
development and review of a student success plan if a student is enrolled for
17
the first time in or transfers to a public school district in the state
18
during or after the student completes grade eight (8).
19
20
SECTION 13. Arkansas Code § 6-15-2911, concerning student success
21
plans, is amended to add an additional subdivision to read as follows:
22
(e) To provide a foundation for the development of a student success
23
plan, a public school district shall:
24
(1) Provide career awareness and exploration activities to all
25
public school students in grades six through eight (6-8) that create links
26
between what a student does in school and what a student wants to achieve in
27
life, as described in § 6-16-1802(a); and
28
(2)(A) Hold an informational meeting for parents, legal
29
guardians, or persons standing in loco parentis to students enrolled in
30
grades six through twelve (6-12) within the public school district to provide
31
information regarding graduation requirements and curriculum choices.
32
(B) The informational meeting required under subdivision
33
(e)(2)(A) of this section shall be held in conjunction with the scheduling of
34
courses for the next academic year.
35
(C) Notice of the informational meeting required under
36
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subdivision (e)(2)(A) of this section shall be provided through existing
1
means of communication.
2
3
SECTION 14. Arkansas Code Title 6, Chapter 15, is amended to add an
4
additional subchapter to read as follows:
5
Subchapter 32 — School Transformation Contracts
6
7
6-15-3201. School eligibility.
8
A public school district with a "D" or "F" school rating according to
9
the most recent results of the school rating system under § 6-15-2101 et
10
seq., or a school district classified as in need of Level 5 — Intensive
11
support by the State Board of Education shall be eligible for an exemption
12
from sanctions or action under §§ 6-15-2915, 6-15-2916, and 6-15-2917, and
13
qualify for funding provided under § 6-15-3203 if the public school district
14
board of directors contracts with a partner to operate a public school
15
district transformation campus with:
16
(1) The governing body of an open-enrollment public charter
17
school; or
18
(2) Another entity, as approved by the State Board of Education.
19
20
6-15-3202. Contract for school transformation.
21
(a) A school district board of directors or the Commissioner of
22
Elementary and Secondary Education acting as a school district board of
23
directors, with approval from the State Board of Education, may enter into a
24
contract for school transformation if:
25
(1) The entity with which it intends to contract has been
26
approved by the state board under § 6-15-3201 and is determined to be in good
27
standing;
28
(2) The charter of the open-enrollment public charter school has
29
not previously been revoked in the State of Arkansas;
30
(3) For the three (3) school years preceding the school year of
31
the proposed school transformation, the open-enrollment public charter school
32
has:
33
(A) An overall performance rating of “C” or higher
34
according to the school rating system under § 6-15-2101 et seq., or an
35
equivalent performance rating in the accountability system of the state in
36
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which it currently operates; and
1
(B) Had no significant findings on the prior year annual
2
financial audit; or
3
(4) The entity considered for a charter has not previously
4
operated an open-enrollment public charter school in which the charter
5
expired or was revoked or surrendered.
6
(b) A contract entered into by a school district board of directors
7
with the governing body of an open-enrollment public charter school shall
8
include without limitation a provision addressing student eligibility for
9
enrollment.
10
(c) A contract for a public school transformation campus that is
11
entered into under subsection (a) of this section shall:
12
(1) Provide that any student residing in the public school zone
13
as it existed before the operation of the public school zone under the
14
contract shall be admitted for enrollment at the public school transformation
15
campus; and
16
(2) Establish the following enrollment preference order for
17
students who do not reside in the public school zone:
18
(A) Other students who reside in the public school
19
district in which the public school transformation campus is located; and
20
(B) Students who reside outside the public school district
21
in which the public school transformation campus is located.
22
(d)(1) A public school district proposing to enter into a contract
23
under this section shall notify the commissioner of the public school
24
district's intent to enter into the contract.
25
(2) The state board shall establish by rule the procedures for a
26
public school district to notify the commissioner as required under
27
subdivision (d)(1) of this section, including without limitation:
28
(A) The time period within which the notification is
29
required before the school year in which the proposed contract would take
30
effect; and
31
(B) If necessary, the entity to which a public school
32
district shall submit information as required under subdivision (d)(1) of
33
this section.
34
(e)(1) The state public charter authorizer, as designated under § 6-
35
23-701, shall decide whether to authorize a charter to the proposed charter
36
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entity if a charter is requested by a public school district, subject to
1
review by the state board.
2
(2) The commissioner shall notify a public school district
3
whether the proposed contract is approved not later than sixty (60) days
4
after the date the state board and the commissioner received notice of the
5
proposed contract and all information required by the commissioner to be
6
submitted has been received.
7
(f) This section does not prohibit a contract between a public school
8
district and another entity for the provision of services for a public school
9
campus within the public school district, including without limitation a
10
contract for food services.
11
12
6-15-3203. Incentives.
13
(a) The Division of Elementary and Secondary Education shall seek to
14
encourage transformation charter operators to enter into contracts with
15
eligible public school districts.
16
(b)(1) For purposes of accountability during the first two (2) school
17
years of operation, a public school transformation campus shall be:
18
(A)(i) Awarded with an alternate letter grade, which shall
19
be established and defined by the State Board of Education.
20
(ii) While a public school transformation campus is
21
receiving an alternate letter grade under subdivision (b)(1)(A)(i) of this
22
section, the State of Arkansas shall not impose a sanction or take action
23
against the public school transformation campus for failure to satisfy
24
academic performance standards; and
25
(B) Publicly signaled as a public school transformation
26
campus.
27
(2) Following the first two (2) years of transformation, the
28
state shall continue to evaluate and assign all performance ratings received
29
by all public schools within a public school district to the public school
30
district transformation campus that has entered into a contract under § 6-15-
31
3202.
32
(c) The division may provide, through state and federal funds where
33
allowable, financial incentives to support transformations under this
34
subchapter.
35
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6-15-3204. Rules.
1
The State Board of Education shall promulgate rules as necessary to
2
implement and administer this subchapter.
3
4
SECTION 15. Arkansas Code § 6-16-120 is amended to read as follows:
5
6-16-120. Academic credit for community service.
6
(a) Beginning with the 1996-1997 school year and ending with the
7
graduating class of 2025-2026, a student who has completed a minimum of
8
seventy-five (75) clock hours of documented community service in grades nine
9
through twelve (9-12), as certified by the service agency or organization to
10
the school, shall be eligible to receive one (1) academic credit that may be
11
applied toward graduation.
12
(b) The community service shall be in programs or activities approved
13
by the State Board of Education and the local school district board of
14
directors and shall include preparation, action, and reflection components
15
that may occur in or out of school campuses and during or after school hours.
16
(c) A local school district board of directors may grant a waiver of
17
this requirement for an individual student with notice to the state board.
18
(d) The state board is hereby authorized to may promulgate rules
19
necessary for the implementation of this section.
20
21
SECTION 16. Arkansas Code Title 6, Chapter 16, Subchapter 1, is
22
amended to add additional sections to read as follows:
23
6-16-156. Indoctrination.
24
(a)(1) The Secretary of the Department of Education shall take
25
established steps to ensure that the Department of Education, its employees,
26
contractors, guest speakers, and lecturers are in compliance with Title IV
27
and Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352.
28
(2) Steps required under subdivision (a)(1) of this section
29
shall include the review of the rules, policies, materials, and
30
communications of the Department of Education to identify any items that may,
31
purposely or otherwise, promote teaching that would indoctrinate students
32
with ideologies, such as Critical Race Theory, otherwise known as "CRT", that
33
conflict with the principle of equal protection under the law or encourage
34
students to discriminate against someone based on the individual's color,
35
creed, race, ethnicity, sex, age, marital status, familial status,
36
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disability, religion, national origin, or any other characteristic protected
1
by federal or state law.
2
(3) The secretary shall amend, annul, or alter the rules,
3
policies, materials, or communications that are considered prohibited
4
indoctrination and that conflict with the principle of equal protection under
5
the law.
6
(b) As used in this section, "prohibited indoctrination" means
7
communication by a public school employee, public school representative, or
8
guest speaker that compels a person to adopt, affirm, or profess an idea in
9
violation of Title IV and Title VI of the Civil Rights Act of 1964, Pub. L.
10
No. 88-352, including that:
11
(1) People of one color, creed, race, ethnicity, sex, age,
12
marital status, familial status, disability status, religion, national
13
origin, or any other characteristic protected by federal or state law are
14
inherently superior or inferior to people of another color, creed, race,
15
ethnicity, sex, age, marital status, familial status, disability status,
16
religion, national origin, or any other characteristic protected by federal
17
or state law; or
18
(2) An individual should be discriminated against or receive
19
adverse treatment solely or partly because of the individual’s color, creed,
20
race, ethnicity, sex, age, marital status, familial status, disability
21
status, religion, national origin, or any other characteristic protected by
22
federal or state law.
23
(c) This section does not prohibit the discussion of:
24
(1) Ideas and the history of the concepts described in
25
subsection (b) of this section; or
26
(2) Public policy issues of the day and related ideas that
27
individuals may find unwelcome, disagreeable, or offensive.
28
(d) As it relates to employees, contractors, and guest speakers or
29
lecturers of the department, the secretary shall review and enhance the
30
policies that prevent prohibited indoctrination, including Critical Race
31
Theory.
32
(e) The secretary shall ensure that no public school employee or
33
public school student shall be required to attend trainings or orientations
34
based on prohibited indoctrination or Critical Race Theory.
35
(f) The State Board of Education may promulgate rules to implement
36
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this section.
1
2
6-16-157. Child sexual abuse and human trafficking prevention —
3
Instruction required.
4
(a) The Division of Elementary and Secondary Education shall:
5
(1)(A) Enhance or adapt curriculum materials to assist public
6
school personnel in providing instruction through a multidisciplinary
7
approach on the detection, intervention, prevention, and treatment of child
8
sexual abuse and human trafficking.
9
(B) The curriculum materials developed under subdivision
10
(a)(1)(A) of this section shall be:
11
(i) Geared toward a sequential program of
12
instruction from kindergarten through grade twelve (K-12); and
13
(ii) Include strategies for utilizing the curriculum
14
in schools; and
15
(2) Ensure that curriculum materials developed under subdivision
16
(a)(1)(A) of this section are incorporated into the Health and Safety and
17
Physical Education Standards developed by the Department of Education in an
18
age-appropriate manner.
19
(b) Each public school district and open-enrollment charter school
20
shall:
21
(1) Implement a child sexual abuse and human trafficking
22
prevention program that meets the standards and requirements established by
23
the division;
24
(2) Provide training for teachers employed by the public school
25
district or open-enrollment public charter school on child sexual abuse and
26
assault and human trafficking:
27
(A) Awareness;
28
(B) Reporting requirements; and
29
(C) Prevention;
30
(3) Notify parents, legal guardians, and persons standing in
31
loco parentis to a student when child sexual abuse and assault and human
32
trafficking prevention education shall occur in the public school district or
33
open-enrollment public charter school;
34
(4) Allow parents, legal guardians, and persons standing in loco
35
parentis to a student to preview curriculum materials before classroom
36
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instruction; and
1
(5) Allow parents, legal guardians, and persons standing in loco
2
parentis to a student to exempt their child from the child sexual abuse and
3
assault and human trafficking prevention program.
4
(c) Before grade five (5), a public school teacher shall not provide
5
classroom instruction on the following topics:
6
(1) Sexually explicit materials;
7
(2) Sexual reproduction;
8
(3) Sexual intercourse;
9
(4) Gender identity; or
10
(5) Sexual orientation.
11
12
SECTION 17. Arkansas Code § 6-16-1403(b), concerning definitions and
13
approved provider lists under the Digital Learning Act of 2013, is amended to
14
read as follows:
15
(b) The Division of Elementary and Secondary Education shall annually:
16
(1) Publish publish a list of approved digital learning course
17
choice providers that offer digital learning services; and
18
(2) Provide a copy of the list of approved digital learning
19
providers to the House Committee on Education and the Senate Committee on
20
Education no later than June 1 each year.
21
22
SECTION 18. Arkansas Code §§ 6-16-1404 and 6-16-1405 are repealed.
23
6-16-1404. Digital learning environment.
24
A digital learning environment shall be composed of:
25
(1) Access to quality digital learning content and online
26
blended learning courses;
27
(2) Tailored digital content designed to meet the needs of each
28
student;
29
(3) Digital learning content that meets or exceeds the
30
curriculum standards and requirements adopted by the State Board of Education
31
and that is capable of being assessed and measured through standardized tests
32
or local assessments; and
33
(4) Infrastructure that is sufficient to handle and facilitate a
34
quality digital learning environment.
35
36
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6-16-1405. Digital learning providers.
1
(a) To become an approved digital learning provider, a digital
2
learning provider shall submit proof that the provider:
3
(1) Is nonsectarian and nondiscriminatory in its programs,
4
employment practices, and operations;
5
(2) Demonstrates or partners with an organization that
6
demonstrates successful experience in furnishing digital learning courses to
7
public school students as demonstrated by student growth in each subject area
8
and grade level for which it proposes to provide digital learning courses;
9
(3) Meets or exceeds the minimum curriculum standards and
10
requirements established by the State Board of Education and ensures
11
instructional and curricular quality through a curriculum and accountability
12
plan that addresses every subject area and grade level for which it agrees to
13
provide digital learning courses; and
14
(4)(A) Utilizes qualified teachers to deliver digital learning
15
courses to public school students.
16
(B) A qualified teacher who delivers digital learning
17
courses under this subchapter is not required to be licensed as a teacher or
18
administrator by the state board, but shall meet the minimum qualifications
19
for teaching in a core content area established by rules of the state board.
20
(b) The Division of Elementary and Secondary Education or state board
21
shall not require as a condition of approval of a digital learning provider
22
that the digital learning provider limit the delivery of digital learning
23
courses to public schools that require physical attendance at the public
24
school to successfully complete the credit for which the digital learning
25
course is provided.
26
27
SECTION 19. Arkansas Code § 6-16-1406(d), concerning digital learning
28
courses required for graduation under the Digital Learning Act of 2013, is
29
repealed.
30
(d) Beginning with the entering ninth grade class of the 2014-2015
31
school year, each high school student shall be required to take at least one
32
(1) digital learning course for credit to graduate.
33
34
SECTION 20. Arkansas Code Title 6, Chapter 16, is amended to add
35
additional subchapters to read as follows:
36
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Subchapter 16 — Arkansas High-Impact Tutoring Pilot Program
1
2
6-16-1601. Title.
3
This subchapter shall be known and may be cited as the "Arkansas High-
4
Impact Tutoring Pilot Program".
5
6
6-16-1602. Program established.
7
There is established the Arkansas High-Impact Tutoring Pilot Program.
8
9
6-16-1603. Administration.
10
Beginning in the 2023-2024 school year, the Division of Elementary and
11
Secondary Education shall administer the Arkansas High-Impact Tutoring Pilot
12
Program, which shall include without limitation:
13
(1) Determining:
14
(A) Program requirements;
15
(B) Student eligibility criteria, which shall consider
16
without limitation the academic performance of student groups across grades
17
and subjects; and
18
(C) A process for providing competitive grant funding to
19
each public school district and open-enrollment public charter school
20
participating in the program for purposes of providing in-school, high-impact
21
tutoring;
22
(2) Approving and making publicly available on the division's
23
website participating public school district and open-enrollment public
24
charter school tutoring program plans;
25
(3) Identifying and communicating allowable uses for grant
26
funding, as permitted by state and federal law, which may include without
27
limitation:
28
(A) Hiring or contracting for tutors or providing stipends
29
or other incentives to paraprofessionals, retired teachers, and community
30
organizations to ensure maximum tutoring capacity;
31
(B) Developing instructional materials and related
32
supplies;
33
(C) Covering administrative expenses;
34
(D) Covering costs associated with technology-enabled
35
tutoring solutions and related devices;
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(E) Contracting with approved tutoring providers for
1
products and services related to high-impact tutoring; and
2
(F) Other uses designed to increase the effectiveness of
3
the Arkansas High-Impact Tutoring Program;
4
(4) Providing training, technical assistance, and guidance,
5
including without limitation the topic of sustaining of high-impact tutoring
6
through existing funding streams to participating public school district and
7
open-enrollment public charter schools conducting in-school, high-impact
8
tutoring;
9
(5) Awarding and distributing program grants, subject to
10
legislative appropriation of available funding;
11
(6) Pursuing available private and federal grant funding to
12
expand the state investment in the program;
13
(7) Creating reporting templates, procedures, and definitions
14
for reporting metrics for participating public school district and open-
15
enrollment public charter schools to use in collecting and reporting
16
tutoring-related data to the division;
17
(8) Including required data reports within existing state data
18
reporting structures to streamline the data collection process for
19
participating public school district and open-enrollment public charter
20
schools, where feasible;
21
(9) Identifying, vetting, and creating an approved list of high-
22
impact tutoring providers and other tutoring models that may be used by
23
participating public school district and open-enrollment public charter
24
school; and
25
(10) Providing annually to the General Assembly a report that
26
includes without limitation the following:
27
(A) Data regarding participating public school students'
28
access to high-impact tutoring and program implementation, including by
29
geography, grade span, and subject based on program requirements, including
30
without limitation:
31
(i) How data required under this subdivision (10)(A)
32
have changed over time;
33
(ii) The number of students who received high-impact
34
tutoring;
35
(iii) The attendance of students who received high-
36
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impact tutoring in the program; and
1
(iv) The number of students eligible for high-impact
2
tutoring;
3
(B) Data on achievement and growth outcomes from
4
participating public school students;
5
(C) Program successes and challenges;
6
(D) Recommendations for policy changes in future years in
7
order to ensure every child in Arkansas can access high-impact tutoring as
8
needed; and
9
(E) An overview of actions taken to support every
10
participating public school district and open-enrollment public charter
11
school to ensure that high-impact tutoring is available to every eligible
12
child in Arkansas.
13
14
6-16-1604. Public school districts and open-enrollment public charter
15
schools — Requirements.
16
(a) Each participating public school district and open-enrollment
17
public charter school shall:
18
(1) Submit a plan for the administration of the Arkansas High-
19
Impact Tutoring Pilot Program in the public school district or open-
20
enrollment public charter school to the Division of Elementary and Secondary
21
Education that addresses the research-based criteria under § 6-15-3104;
22
(2) Provide a funding match to support the high-impact tutoring
23
program funding that is distributed by the division; and
24
(3)(A) Submit to the division, using a template and guidance
25
established by the division and leveraging existing reporting process where
26
possible, a report that includes without limitation the following:
27
(i) The number of students who participated in the
28
program at each public school district or open-enrollment public charter
29
school, including without limitation related student metrics using tutoring
30
subjects, grade levels, attendance, dosage, previous performance on state
31
assessments, and demographic information;
32
(ii) How the public school district or open-
33
enrollment public charter school maintained consistent access for
34
participating students to non-core academic instruction;
35
(iii) How grant funding for the program was used by
36
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the public school district or open-enrollment public charter school,
1
including without limitation a summary of additional resources, if any, used
2
to provide the tutoring;
3
(iv) The academic achievement results or other
4
criteria used to enroll students in the program;
5
(v) The impact on student academic and non-academic
6
outcomes that are associated with the public school district's or open-
7
enrollment public charter school's program, including without limitation
8
interim assessments or other outcome metrics; and
9
(vi) Other information as requested by the division
10
to complete its annual report to the General Assembly required under § 6-16-
11
1603.
12
(B) The report required under (a)(3)(A) of this section
13
shall be submitted on a timeline established by the division.
14
(b) Subject to the availability of funding, the General Assembly shall
15
provide for:
16
(1) The program to be made available as competitive grants to
17
public school districts and open-enrollment public charter schools; and
18
(2) Funding to be made available to the division to administer
19
and manage the program.
20
(c) The State Board of Education may promulgate rules to implement
21
this section.
22
23
Subchapter 17 — Course Choice Program
24
25
6-16-1701. Title.
26
This subchapter shall be known and may be cited as the "Course Choice
27
Program".
28
29
6-16-1702. Definitions.
30
As used in this subchapter:
31
(1) "Course provider" means an entity that offers individual
32
courses in person or online, including without limitation:
33
(A) An online or virtual education provider;
34
(B) A postsecondary education institution; and
35
(C) A business or entity that offers vocational or
36
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technical course work in its field and has been authorized to provide such
1
courses by the State Board of Education;
2
(2) "Eligible student" means any student who resides in Arkansas
3
and meets at least one (1) of the following criteria:
4
(A) Is attending a public school that does not offer the
5
course in which the student desires to enroll, as determined by the state
6
board; or
7
(B) Is attending a public school that received a letter
8
grade of "C", "D", or "F", or any variation thereof, under §§ 6-15-2105 and
9
6-15-2106 and state board rules, and would like to take a required course
10
through the Course Choice Program; and
11
(3) “Non-completion” means that an enrolled student does not
12
receive a passing grade or credit for the course.
13
14
6-16-1703. Course Choice Program.
15
(a) There is established the Course Choice Program.
16
(b) To support student participation, not later than the 2025-2026
17
school year, the State Board of Education shall promulgate rules on the
18
Course Choice Program, including a process that includes without limitation
19
the following:
20
(1) The determination regarding whether each:
21
(A) Proposed course provider complies with the law and
22
state board rules;
23
(B) Proposal submitted by a proposed course provider is
24
valid, complete, financially well-structured, and educationally sound;
25
(C) Proposal submitted by a proposed course provider
26
provides a plan for collecting data; and
27
(D) Proposal submitted by a proposed course provider
28
offers the potential for fulfilling the purposes of this subchapter;
29
(2) The provision for an independent evaluation of each proposal
30
submitted by a proposed course provider by a third party with educational,
31
organizational, legal, and financial expertise; and
32
(3) The provision for an agreement between the state board and
33
course provider that shall include without limitation a plan for implementing
34
or providing the following:
35
(A) Administration of state assessments as required by the
36
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school rating system under § 6-15-2101 et seq.;
1
(B) The public school districts in which the course
2
provider will operate;
3
(C) Proposed courses offered, alignment of the courses by
4
the course provider with the Arkansas academic standards, and the designated
5
length of each course offered;
6
(D) Alignment of the courses offered by the course
7
provider with approved Arkansas diploma requirements; and
8
(E) Assurances that the course provider shall, to the best
9
of its ability, collaborate and coordinate with a local public school
10
district in which an eligible student is enrolled full time.
11
(c)(1) The initial authorization of a course provider shall be for a
12
period of three (3) years.
13
(2)(A) After the second year of the initial authorization
14
period, the state board shall conduct a thorough review of the course
15
provider's activities and the academic performance of the eligible students
16
enrolled in courses offered by the course provider in accordance with the
17
school rating system.
18
(B) If the performance of the eligible students enrolled
19
in courses offered by the course provider does not meet performance standards
20
set by the state board under the school rating system, the state board shall
21
place the course provider on probation.
22
(d) After the initial three-year authorization period, the state board
23
may reauthorize a course provider for additional periods of not less than
24
three (3) years nor more than five (5) years after thorough review of the
25
course provider's activities and the achievement of students enrolled in
26
courses offered by the course provider.
27
(e) The state board shall monitor and evaluate the course provider in
28
accordance with performance expectations set forth by the state board in
29
which student achievement is the predominant criterion.
30
(f)(1) The Division of Elementary and Secondary Education shall create
31
a process for:
32
(A) Common course numbering of all courses listed in the
33
course catalog; and
34
(B) Determining whether courses are in compliance with
35
Arkansas state academic standards.
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(2) For courses offered by postsecondary educational
1
institutions that are authorized course providers, the division shall consult
2
with the Arkansas Higher Education Coordinating Board.
3
(g) Prior to the 2025-2026 school year, the division shall create a
4
course catalog for all courses offered by a public school district.
5
(h) The state board may promulgate rules to administer the program.
6
7
6-16-1704. School district — Duties.
8
(a) Each local school district board of directors shall establish
9
policies and procedures for each eligible student, where the following shall
10
apply:
11
(1) Credits earned through a course provider shall appear on
12
each eligible student's official transcript and count fully towards the
13
requirements of any approved Arkansas diploma;
14
(2) Required tests shall be administered to each eligible
15
student attending the public school district;
16
(3) All services to which each eligible student attending the
17
public school would be entitled if attending the public school in which he or
18
she is enrolled full time for all courses, including without limitation
19
special education services pursuant to the eligible student's individualized
20
education program shall be provided; and
21
(4) Participation in course choice at another school shall not
22
affect a student's participation in extracurricular or cocurricular
23
activities.
24
(b) A public school district shall make available to all students the
25
course catalog as provided by the State Board of Education during the annual
26
course enrollment process for the public school district.
27
(c) A public school district shall not actively discourage,
28
intimidate, or threaten an eligible student during the course enrollment
29
process or at any time.
30
(d)(1) The aggregate test scores of eligible students under this
31
subchapter shall be counted in the annual school performance report for the
32
public schools in which the eligible students are enrolled full time.
33
(2) The aggregate test scores required under subdivision (d)(1)
34
of this section shall be reported to and published by the Department of
35
Education for each course provider in an easy-to-understand format on the
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department's website.
1
(e) Each eligible student shall enroll in at least one (1) course at
2
the public school in which he or she is enrolled full time.
3
(f) The state board may adopt rules necessary to implement this
4
section, including without limitation the requirements of public school
5
districts in which eligible students enroll in courses offered by authorized
6
course providers.
7
8
6-16-1705. Funding.
9
(a)(1) As used in this section, "per-course amount" means an amount
10
equal to the market rate as determined by a course provider and reported to
11
the Department of Education that is up to one-sixth (1/6) of ninety percent
12
(90%) of the per-pupil amount each year as determined by the foundation
13
funding amount, established under § 6-20-2305, allotted per student to each
14
public school district in which an eligible student resides.
15
(2)(A) Any remaining funds for an eligible student, except those
16
specified under subsection (c) of this section, shall be returned to the
17
state or the public school district according to the pro rata share for the
18
per pupil amount each year as determined by the foundation funding amount for
19
the public school district in which the eligible student resides.
20
(B) Transfers of course payments shall be made by the
21
department on behalf of the responsible public school district in which an
22
eligible student resides to the authorized course provider.
23
(b) A course provider shall receive a per-course amount for each
24
eligible student.
25
(c)(1) For each eligible student, an amount equal to ten percent (10%)
26
of the per-pupil amount according to the pro rata share as determined each
27
year by the foundation funding amount, established under § 6-20-2305,
28
allotted per student for the local school district in which an eligible
29
student resides shall remain with the public school district in which the
30
eligible student is enrolled full time.
31
(2) Funds under subdivision (c)(1) of this section shall be used
32
to finance any administrative or operational costs to support eligible
33
students enrolled in courses offered by course providers, as determined by
34
the State Board of Education.
35
(d)(1) For each eligible student, a course provider shall receive
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payment for only the courses in which an eligible student is enrolled as
1
determined under this subchapter.
2
(2) The remaining funds for each eligible student up to the
3
maximum amount for the public school district in which the eligible student
4
resides as determined each year by the foundation funding, established under
5
§ 6-20-2305, allotted per student or the actual tuition and fees, as
6
applicable, shall remain with the participating public school district in
7
which the student is enrolled.
8
(e)(1) A course provider may charge an eligible student the cost of
9
tuition in an amount equal to the amount determined by the course provider
10
and reported to the department.
11
(2) A course provider shall accept the per-course amount as the
12
total tuition and fees for an eligible student.
13
(3)(A) Fifty percent (50%) of the amount of tuition to be paid
14
or transferred to a course provider shall be paid or transferred upon
15
eligible student enrollment in a course and fifty percent (50%) shall be paid
16
or transferred upon course completion according to the published course
17
length.
18
(B) If an eligible student does not complete a course,
19
according to the published course length, in which the course provider has
20
received the first payment, the course provider shall receive only forty
21
percent (40%) rather than the remaining fifty percent (50%) of the course
22
amount, but only if the eligible student completes the course and receives
23
credit for the course prior to leaving school or graduating from high school.
24
(C) For non-completion prior to leaving school or
25
graduating from high school, the course provider shall receive only fifty
26
percent (50%) of the amount of tuition paid upon eligible student enrollment
27
in the course.
28
(4)(A) The remaining ten percent (10%) of the per-pupil amount
29
according to the pro rata share as determined each year by foundation
30
funding, established under § 6-20-2305, allotted per student for a public
31
school district in which an eligible student resides shall remain with the
32
public school in which the eligible student is enrolled full time.
33
(B) The amount under subdivision (e)(4)(A) of this section
34
shall be in addition to the ten percent (10%) provided under subsection (c)
35
of this section.
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1
Subchapter 18 — High School Career-Ready Pathways to Diploma
2
3
6-16-1801. Career-ready pathways description.
4
(a) Beginning with the ninth grade class of 2024-2025, a public high
5
school student shall have the option to earn a high school diploma through a
6
career-ready pathway.
7
(b) The Division of Elementary and Secondary Education, in
8
consultation with other relevant state agencies and subject to the approval
9
of the State Board of Education, shall develop a career-ready pathway to a
10
high school diploma in Arkansas’s high schools, which shall include:
11
(1) Challenging academic courses; and
12
(2) Modern career and technical studies aligned with high-wage,
13
high-growth jobs in Arkansas.
14
(c) A career-ready pathway shall be informed by the division’s annual
15
audit of the state’s career pathways.
16
(d) The state board shall adopt course and curriculum requirements for
17
career-ready pathways offered by public school district boards of directors
18
and open-enrollment public charter schools that are aligned with the
19
requirements of this subchapter.
20
(e)(1) A public school district shall issue a diploma to a student who
21
successfully completes the requirements established by the state board for a
22
career-ready pathway.
23
(2)(A) A diploma issued to a student under subdivision (d)(1)(B)
24
of this section shall be given the same status and recognition for purposes
25
of the Arkansas Educational Support and Accountability Act, § 6-15-2901 et
26
seq., as is given a standard diploma issued by a public school district.
27
(B) A public school district or open-enrollment public
28
charter school shall not be penalized in any manner for students who are
29
issued a diploma through a career-ready pathway.
30
31
6-16-1802. Early exposure to career-ready pathways.
32
(a)(1) To prepare students for choosing a career option at the high-
33
school level, in grades six through eight (6-8), each public school district
34
and open-enrollment public charter school shall incorporate career awareness
35
and exploration activities that expose students to career and technical and
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academic fields of study, which may include without limitation the following:
1
(A) Field trips;
2
(B) Guest speakers;
3
(C) Community services;
4
(D) Dedicated curricula; and
5
(E) Other activities designed to introduce students to
6
occupations that are found to be in demand in Arkansas.
7
(2) The State Board of Education shall determine the minimum
8
number and type of activities required under subdivision (a)(1) of this
9
section.
10
(b) Each public school district and open-enrollment public charter
11
school with an approved career-ready pathway shall annually conduct an
12
informational meeting for the parents, legal guardians, and persons standing
13
in loco parentis to students enrolled in the eighth grade regarding the
14
approved curriculum offered by the public school district or open-enrollment
15
public charter school.
16
17
6-16-1803. Career-ready pathway requirements.
18
(a) A career-ready pathway to a diploma shall:
19
(1) Provide a student with credentials of value in a desired
20
high-wage, high-growth career and a strong academic core;
21
(2) Be offered to each high school student;
22
(3) Prepare students to:
23
(A) Pursue either a degree or certification from:
24
(i) A institution of higher education;
25
(ii) An industry-based training or certification;
26
(iii) An apprenticeship; or
27
(iv) The military; or
28
(B) Immediately enter a career field; and
29
(4) Be primarily designed for students who are seeking stackable
30
credentials to be successful in a career.
31
(b)(1) Each public school district shall develop and offer at least
32
one (1) career-ready pathway that is aligned to state and regional workforce
33
demands, according to rules adopted by the State Board of Education.
34
(2) Each open-enrollment public charter school may develop and
35
offer at least one (1) career-ready pathway that is aligned to state and
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regional workforce demands, according to state board rules.
1
(c) Public school districts and open-enrollment public charter
2
schools, in partnership with local business and industry leaders, local
3
economic development agencies, and postsecondary education leaders, shall:
4
(1) Review career-ready pathways offered by the public school
5
districts and open-enrollment public charter schools; and
6
(2) Expand offerings as appropriate, including without
7
limitation:
8
(A) Courses offered through articulation;
9
(B) Concurrent enrollment courses;
10
(C) Industry training programs; and
11
(D) Digital learning opportunities.
12
(d) A public school student in a career-ready pathway shall complete
13
an academic core of courses and a career and technical sequence of courses or
14
an approved training program that leads to an approved, industry-based
15
credential in a high-wage, high-growth field.
16
17
6-16-1804. Methods of program development — Options to aid in
18
curriculum design — Career-ready pathway teachers.
19
(a) To develop and implement a career-ready pathway program, public
20
school districts and open-enrollment public charter schools may:
21
(1) Work as a system in developing a district-wide or school-
22
wide program;
23
(2) Work as individual schools in developing individual school
24
programs;
25
(3) Work as groups of high schools in developing consortia
26
programs; or
27
(4) Partner with a career and technical education program or
28
community college.
29
(b)(1) The faculty for a career-ready pathway shall include career and
30
technical instructors and other teachers who have received the appropriate
31
staff development or in-service training to enable them to teach career-ready
32
pathway courses, including specific certifications where relevant.
33
(2) Public school districts and open-enrollment public charter
34
schools may employ content experts who hold a certification or credential
35
relevant to a specific career-pathway program.
36
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(c) A teacher hired to teach a career-ready pathway course shall be
1
given appropriate staff development and in-service training.
2
(d) Whenever a teacher is unavailable to teach a career-ready pathway
3
course, the career-ready pathway course may be taught in partnership with
4
another public school, public school district, or educational entity,
5
including through the aid of technology and computer software whenever
6
possible.
7
8
6-16-1805. Reimbursement for workers’ compensation insurance premiums.
9
(a) A public school student who is in a work-based learning
10
opportunity that is provided in coordination with a public school district or
11
open-enrollment public charter school shall be covered by the workers’
12
compensation insurance of his or her employer as provided in the Workers'
13
Compensation Law, § 11-9-101 et seq.
14
(b) For purposes of §§ 6-17-1401 and 11-9-102, a public school
15
district and open-enrollment public charter school shall be considered an
16
employer, as applicable, and a student an employee, when the student is
17
providing services under a work-based learning opportunity provided in
18
coordination with the public school district or open-enrollment public
19
charter school.
20
(c) Subject to legislative appropriation, the Department of Education
21
may reimburse employers, including without limitation public school districts
22
and open-enrollment public charter schools, for the proportionate cost of
23
workers’ compensation premiums for students in work-based learning
24
opportunities in accordance with department rules.
25
26
6-16-1806. Long-term value of a career-ready pathway.
27
(a) To ensure that a career-ready pathway to a diploma adequately
28
prepares public school students for high-wage, high-growth opportunities
29
within Arkansas, the Arkansas Workforce Development Board, in consultation
30
with the Department of Education, shall develop a system for collecting,
31
analyzing, and reporting the public school student outcomes associated with
32
the completion of high-wage, high-growth career-ready pathways under this
33
subchapter.
34
(b) The system required under subsection (a) of this section shall
35
include without limitation the:
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(1) Hiring and retention of students and graduates within their
1
respective fields of training; and
2
(2) Remediation courses taken, including both quantity and type,
3
for career-ready high school graduates entering postsecondary institutions.
4
(c) Data collected under this section shall be used to inform:
5
(1) Adjustments, approvals, and denials of high-wage, high-
6
growth career-ready pathways to diplomas approved for high school graduation;
7
and
8
(2) Accountability measures for high schools.
9
10
Subchapter 19 — Community Service Diploma Requirement
11
12
6-16-1901. Community service diploma requirement.
13
(a) Beginning with the graduating class of 2026-2027, a public high
14
school student shall complete a minimum of seventy-five (75) clock hours of
15
documented community service in grades nine through twelve (9-12), as
16
certified by the service agency or organization with which the public school
17
student volunteers, in order to graduate.
18
(b) The community service required under subsection (a) of this
19
section shall:
20
(1) Be in programs or activities, either in Arkansas or outside
21
of Arkansas, that meet the requirements established by the State Board of
22
Education and each public school district board of directors; and
23
(2) Include preparation, action, and reflection components.
24
(c)(1) Students transferring into a public school district after grade
25
nine (9) or students graduating early may receive a diploma provided that the
26
minimum requirement for each year they attend the public school district is
27
met.
28
(2) The minimum number of community service hours for each grade
29
level shall be:
30
(A) Fifteen (15) hours for students in grade nine (9);
31
(B) Twenty (20) hours for students in grade ten (10);
32
(C) Twenty (20) hours for students in grade eleven (11);
33
and
34
(D) Twenty (20) hours for students in grade twelve (12).
35
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6-16-1902. Waivers — Rules.
1
(a)(1) A public school district board of directors may grant a waiver
2
of this requirement for extenuating circumstances on a case-by-case basis.
3
(2) Extenuating circumstances permitted under subdivision (a)(1)
4
of this section may include without limitation:
5
(A) A major illness associated with a student or a family
6
member of a student;
7
(B) Student homelessness or housing insecurity; and
8
(C) Notice to the public school district board of
9
directors if the student is a major contributor to family income.
10
(b) The State Board of Education may promulgate rules necessary for
11
the implementation of this subchapter.
12
13
SECTION 21. Arkansas Code Title 6, Chapter 17, Subchapter 1, is
14
amended to add additional sections to read as follows:
15
6-17-122. Paid maternity leave.
16
(a) Education personnel employed by a public school district or open-
17
enrollment public charter school that elect to participate under this section
18
shall be eligible for up to twelve (12) weeks of paid maternity leave.
19
(b) As used in this section:
20
(1) “Cost-sharing” means joint, equal responsibility for the
21
cost shared between the State of Arkansas and a public school district or
22
open-enrollment public charter school that employs an individual considered
23
education personnel under this section;
24
(2) “Education personnel” means an individual employed full-time
25
by a public school district or open-enrollment public charter school in
26
Arkansas for more than one (1) year; and
27
(3) “Maternity leave” means partially or fully compensated time
28
away from work within the first twelve (12) weeks following the:
29
(A) Birth of a biological child to an individual
30
considered education personnel under this section; or
31
(B) Placement of an adoptive child in the home of an
32
individual considered education personnel under this section.
33
(c)(1) The Division of Elementary and Secondary Education shall create
34
and sign a standard cost-sharing agreement for paid maternity leave expenses
35
between the division and a public school district or open-enrollment public
36
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charter school that elects to participate under this section.
1
(2) At a minimum, the cost-sharing agreement required under
2
subdivision (c)(1) of this section shall obligate the state and the public
3
school district or open-enrollment public charter school to each pay fifty
4
percent (50%) of incurred costs for approved paid maternity leave.
5
(3) The division shall promulgate rules outlining:
6
(A) Management of a cost-sharing agreement required under
7
subdivision (c)(1) of this section;
8
(B) Reimbursement processes; and
9
(C) Other related procedures required to implement this
10
section.
11
12
6-17-123. Superintendent performance targets.
13
(a) Each local school district board of directors shall establish, as
14
part of a superintendent’s contract of employment, written performance
15
targets for the public schools at both the school level and district level
16
that include without limitation the following:
17
(1) Student achievement for the entire public school district;
18
(2) Student achievement for public schools within the public
19
school district that have received any variation of a school performance
20
letter grade designation of "C", "D", or "F" under §§ 6-15-2105 and 6-15-2106
21
and State Board of Education rules;
22
(3) Graduation rates for the entire public school district; and
23
(4) Graduation rates for public schools within the public school
24
district that have received any variation of a school performance letter
25
grade designation of "C", "D", or "F" under §§ 6-15-2105 and 6-15-2106 and
26
state board rules.
27
(b) Each local school district board of directors shall:
28
(1) Publish the school district superintendent's current
29
contract of employment on the school district website; and
30
(2) Submit a copy of the current contract of employment of the
31
school district superintendent to the Commissioner of Elementary and
32
Secondary Education.
33
(c) A contract of employment executed, negotiated, or renegotiated
34
after July 1, 2023, between a local school district board of directors and a
35
superintendent that does not meet the requirements established in this
36
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section shall be null and void.
1
(d) The State Board of Education may promulgate rules to implement
2
this section.
3
4
SECTION 22. Arkansas Code § 6-17-204(c)(2)(B)(ii), concerning
5
personnel policies incorporated into teachers' contracts, is amended to read
6
as follows:
7
(ii)(a) A provision that states that due to the
8
policy change, each continuing employee under contract shall have the power
9
to unilaterally exercise the power of rescission within a period of thirty
10
(30) days after the school district board of directors takes final action by
11
providing to the school district board of directors a notice of rescission in
12
the form of a letter of resignation during the period of thirty (30) days.
13
(b) For continuing contract employees covered
14
under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., the power
15
of rescission in this section shall be in addition to the power of rescission
16
provided under § 6-17-1506.
17
18
SECTION 23. Arkansas Code § 6-17-410(g), concerning mandatory
19
reporting of disqualifying offenses, is amended to read as follows:
20
(g)(1) The superintendent of each school district or open-enrollment
21
public charter school shall report to the state board the name of any person
22
holding a license issued by the state board and currently employed or
23
employed during the two (2) previous school years by the school district or
24
open-enrollment public charter school who:
25
(A) Has pleaded guilty or nolo contendere to or has been
26
found guilty of a felony or any misdemeanor listed in subsection (c) of this
27
section;
28
(B) Has been arrested or charged with a felony or any
29
misdemeanor listed in subsection (c) of this section;
30
(B)(C) Holds a license obtained by fraudulent means;
31
(C)(D) Has had a similar license revoked in another state;
32
(D)(E) Has intentionally compromised the validity or
33
security of any student test or testing program administered or required by
34
the Division of Elementary and Secondary Education;
35
(E)(F) Has knowingly submitted falsified information or
36
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failed to submit information requested or required by law to the Division of
1
Elementary and Secondary Education, the state board, or Arkansas Legislative
2
Audit;
3
(F)(G) Has failed to establish or maintain the necessary
4
requirements and standards set forth in Arkansas law or Division of
5
Elementary and Secondary Education rules for teacher licensure; or
6
(G)(H) Has a true report in the Child Maltreatment Central
7
Registry.
8
(2) Failure of a superintendent to report information as
9
required by this subsection may result in sanctions imposed by the state
10
board.
11
(3)(A) If an arrest or charge is reported in accordance with
12
subdivision (g)(1)(B) of this section, the Division of Elementary and
13
Secondary Education shall indicate in the Arkansas Educator Licensure System
14
that the person's employment eligibility is pending or under review.
15
(B) When a license holder's criminal case is resolved, the
16
license holder's eligibility status shall be updated in accordance with
17
Division of Elementary and Secondary Education rules.
18
19
SECTION 24. Arkansas Code § 6-17-414(f), concerning mandatory
20
reporting of disqualifying offenses, is amended to read as follows:
21
(f)(1) The superintendent or director of an educational entity or a
22
third party third-party vendor shall report to the state board the name of
23
any person currently employed by the educational entity who has:
24
(A) Has pleaded Pleaded guilty or nolo contendere to or
25
has been found guilty of a felony or any misdemeanor listed in subsection (b)
26
of this section;
27
(B) Been arrested or charged with any felony or
28
misdemeanor listed in subsection (b) of this section;
29
(B)(C) Has intentionally Intentionally compromised the
30
validity or security of any student test or testing program administered or
31
required by the Division of Elementary and Secondary Education;
32
(C)(D) Has knowingly Knowingly submitted falsified
33
information or failed to submit information requested or required by law to
34
the Division of Elementary and Secondary Education, the state board, or
35
Arkansas Legislative Audit; or
36
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(D)(E) Has a A true report in the Child Maltreatment
1
Central Registry.
2
(2) The failure of a superintendent or director to report
3
information as required by this subsection may result in sanctions imposed by
4
the state board.
5
(3)(A) If an arrest or charge is reported in accordance with
6
subdivision (f)(1)(B) of this section, the Division of Elementary and
7
Secondary Education shall indicate in the Arkansas Educator Licensure System
8
that the person's employment eligibility is pending or under review.
9
(B) When a person's criminal case is resolved, the
10
person's eligibility status shall be updated in accordance with Division of
11
Elementary and Secondary Education rules.
12
13
SECTION 25. Arkansas Code § 6-17-428(a)(2), concerning the definition
14
of an "educator" with regard to ethical violations of teachers, is amended to
15
read as follows:
16
(2) “Educator” means, at the time of the alleged violation:
17
(A) A person holding a valid Arkansas standard teaching
18
license, ancillary license, provisional license, technical permit, or
19
administrator's license issued by the State Board of Education, even if the
20
license expires during the pendency of the ethics complaint process;
21
(B) A preservice teacher;
22
(C) An individual employed under a waiver from licensure
23
as a teacher of record or as an administrator; or
24
(D) A person employed under an emergency teaching permit;
25
or
26
(E) A person who is a registered volunteer who will be
27
working with students in an athletic coaching capacity or is in the process
28
of obtaining a coaching certificate through the Arkansas Activities
29
Association and is assisting with students in a coaching capacity in a public
30
school athletic program;
31
32
SECTION 26. Arkansas Code § 6-17-428(p), concerning mandatory
33
reporting of ethical violations, is amended to read as follows:
34
(p)(1) As used in this subsection:
35
(A) “Acted upon” means that the State Board of Education
36
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has taken an action to address an ethics complaint by revoking, suspending,
1
or imposing another sanction upon an educator's license;
2
(B) “School hiring officer” means the person designated by
3
a school who is responsible for hiring or making final recommendations for
4
the hiring of an educator who holds an Arkansas teaching or administrator's
5
license;
6
(C) “Sexual abuse” has the same meaning as given to the
7
term in § 12-18-103(20)(D) as it applies to a caretaker but shall include a
8
victim who is eighteen (18) years of age or older and is still a student; and
9
(D) “Student” means a person who is enrolled in a public
10
or private school in any level from prekindergarten through grade twelve
11
(preK-12); and
12
(E)(i) "Substantiated allegation" means observance of or
13
reasonable cause to believe that a violation of the code of ethics has
14
occurred.
15
(ii) The completion of an investigation is not
16
required in order for an allegation to be a substantiated allegation.
17
(iii) A substantiated allegation may be a
18
preliminary determination made by a public school.
19
(2) The code of ethics shall include without limitation the
20
following provisions:
21
(A) A standard that an educator maintains a professional
22
relationship with each student, both in and outside the classroom;
23
(B) An Within twenty-four (24) hours of a matter coming to
24
the attention of a public school supervisor, an educator in a supervisory
25
role in an Arkansas school shall file an ethics complaint if he or she
26
observes or, has reasonable cause to suspect, or there is a substantiated
27
allegation that an educator has violated the standard in subdivision
28
(p)(2)(A) of this section involving the sexual abuse of a student; and
29
(C) The failure to submit an ethics complaint under
30
subdivision (p)(2)(B) of this section is a violation of the code of ethics.
31
(3)(A)(i) The division shall establish and maintain a website
32
providing a school hiring officer with the ability to determine if the:
33
(a) The State Board of Education has acted
34
upon an ethics complaint concerning a violation of the standard in
35
subdivision (p)(2)(A) of this section involving the sexual abuse of a student
36
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by an applicant for employment who holds an Arkansas teaching or
1
administrator's license or an individual intending to be employed under a
2
waiver from licensure as a teacher of record or as an administrator; and
3
(b) An applicant for employment has a pending
4
ethics complaint regarding a violation of the standard in subdivision
5
(p)(2)(A) of this section.
6
(ii) The website shall identify the action taken on
7
the ethics complaint.
8
(B) Before an educator who holds an Arkansas teaching
9
license or administrator's license or an individual intending to be employed
10
under a waiver from licensure as a teacher of record or as an administrator
11
may be hired for employment at an Arkansas school, the school hiring officer
12
shall check the website maintained by the division under subdivision
13
(p)(3)(A) of this section to determine whether the:
14
(i) The State Board of Education has acted upon a
15
violation of the standard in subdivision (p)(2)(A) of this section involving
16
the sexual abuse of a student by the applicant; and
17
(ii) An applicant for employment has a pending
18
ethics complaint regarding a violation of the standard in subdivision
19
(p)(2)(A) of this section.
20
21
SECTION 27. Arkansas Code § 6-17-429(g), concerning the Right to Read
22
Act, is amended to add an additional subdivision to read as follows:
23
(3) By the beginning of the 2023-2024 school year, any public
24
school district or open-enrollment public charter school that is using a
25
curriculum program that is not from the division's approved list created
26
under subsection (f) of this section shall notify all parents, legal
27
guardians, and persons standing in loco parentis to students in writing and
28
on the public school district's or open-enrollment public charter school's
29
website.
30
31
SECTION 28. Arkansas Code § 6-17-429(i)(2), concerning providers of
32
state-approved educator preparation programs under the Right to Read Act, is
33
amended to read as follows:
34
(2)(A) A provider of a state-approved educator preparation
35
program, graduate program, or alternative preparation program that does not
36
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comply with the requirements of this section may be subject to penalties up
1
to and including having the provider's approval status revoked.
2
(B) The division shall audit each program under
3
subdivision (i)(2)(A) of this section at least one (1) time every three (3)
4
years to verify compliance with this section.
5
6
SECTION 29. Arkansas Code § 6-17-429(j)-(l), concerning the Right to
7
Read Act, are amended to read as follows:
8
(j) Beginning with the 2023-2024 school year, with full implementation
9
no later than the 2025-2026 school year, the division shall:
10
(1)(A) Ensure that every kindergarten through grade three (K-3)
11
teacher in a public school earning a “D” or “F” rating under § 6-15-2105 or §
12
6-15-2106 or state board rules or a low-performing public school based on
13
results of the public school's kindergarten through grade three (K-3)
14
literacy screener required by this section, as identified by the division,
15
has access to a literacy coach to support increased literacy rates through
16
coaching for teachers and administrators.
17
(B) Subject to legislative appropriation, the division
18
shall provide, train, and assign literacy coaches to low-performing public
19
schools based on results of the public school's kindergarten through grade
20
three (K-3) literacy screener required by this section, which shall be based
21
on criteria established by the division.
22
(C) A literacy coach shall have without limitation:
23
(i) Expertise in both pedagogy and the science of
24
reading;
25
(ii) Evidence of success in coaching and classroom
26
instruction;
27
(iii) An understanding of learning disabilities in
28
reading; and
29
(iv) An understanding of the child find mandate of
30
the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as
31
it existed on January 1, 2023.
32
(D) A literacy coach shall:
33
(i) Leverage knowledge of evidence-based instruction
34
and practices aligned to the science of reading to support teachers in
35
maximizing student learning;
36
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(ii) Engage in instructional coaching cycles with
1
teachers to build capacity for classroom instructional practices;
2
(iii) Deliver consistent and frequent job-embedded
3
professional learning;
4
(iv) Design and facilitate relevant and cohesive
5
professional learning sessions to strengthen the implementation of evidence-
6
based instructional practices aligned to the science of reading with
7
teachers;
8
(v) Assist teachers in analyzing data to inform
9
instructional adjustments;
10
(vi) Partner with teachers to integrate professional
11
learning into classroom practice;
12
(vii) Work with teachers to ensure effective
13
communication strategies and resource sharing with parents, legal guardians,
14
and persons standing in loco parentis to students;
15
(viii) Partner with a public school principal or
16
designated leader to connect school-wide literacy goals with evidence-based
17
instruction and practices aligned to the science of reading;
18
(ix) Provide feedback on teachers’ evidence-based
19
instruction and practices that may be used for teacher evaluations;
20
(x) Actively participate in professional learning
21
experiences to deepen knowledge and skills for coaching;
22
(xi) Be compensated on a competitive salary schedule
23
to be determined by the division;
24
(xii) Receive a yearly bonus of up to ten thousand
25
dollars ($10,000) based on measurable performance outcomes; and
26
(xiii) Meet performance criteria established by the
27
division.
28
(E) A literacy coach may be employed by the division
29
directly or by contract.
30
(F) Public school districts and open-enrollment public
31
charter schools identified by the division to have access to a literacy coach
32
under subdivision (j)(1)(A) of this section shall agree to involve the public
33
school, public school district, and open-enrollment public charter school
34
leadership team as directed by the division; and
35
(2)(A)(i) Establish a literacy tutoring grant program to provide
36
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funds for supplemental educational services for eligible students.
1
(ii) As used in this section, "eligible student"
2
means any student enrolled in public school in kindergarten through grade
3
three (K-3) who:
4
(a) Is determined to not meet the reading
5
standard, as defined by the state board;
6
(b) Is determined to be at risk for reading
7
difficulties according to the results of a high-quality literacy screener, as
8
provided under this section; or
9
(c) Has received a good cause exemption for
10
promotion to grade four (4), pending the availability of funds.
11
(B) The literacy tutoring grant created under subdivision
12
(j)(2)(A) of this section shall be in the amount of five hundred dollars
13
($500) per eligible student per year on a first-come, first-served basis,
14
with priority given to eligible students who are to be retained in third
15
grade.
16
(C) The division shall administer and implement the
17
literacy tutoring grant created under subdivision (j)(2)(A) of this section
18
according to rules developed and adopted by the state board, which shall
19
require the division to:
20
(i) Evaluate a student's eligibility for the
21
literacy tutoring grant created under subdivision (j)(2)(A) of this section;
22
(ii) Develop an application process for students and
23
providers and to accept applications;
24
(iii)(a) Evaluate providers of supplemental
25
educational services, including without limitation those with expertise in
26
early literacy, to determine the providers' initial and continued eligibility
27
for payments.
28
(b) The division shall establish minimum
29
criteria by which approved providers shall be evaluated to ensure
30
effectiveness of a literacy tutoring grant program created under subdivision
31
(j)(2)(A) of this section in improving eligible students’ reading abilities,
32
including without limitation performance on the Arkansas annual reading
33
assessment or other literacy assessments approved by the division.
34
(c) A provider that fails to demonstrate
35
improvement in eligible students' reading abilities for two (2) consecutive
36
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years shall be deemed ineligible to participate in the literacy tutoring
1
grant program created under subdivision (j)(2)(A) of this section;
2
(iv)(a) Remit payments to approved providers for
3
services rendered to eligible students in the literacy tutoring grant program
4
created under subdivision (j)(2)(A) of this section.
5
(b) The division shall establish criteria for
6
prioritizing eligible students if the number of applicants exceeds available
7
funding for literacy tutoring grants;
8
(v) Notify the governing authority of each public
9
school district and open-enrollment public charter school of the application
10
process, requirements, and deadlines for a literacy tutoring grant for
11
parents, legal guardians, or persons standing in loco parentis to a student;
12
(vi) Remit payment for services provided, up to a
13
maximum of five hundred dollars ($500) per eligible student per school year,
14
which may be used for any of the following purposes designed to improve
15
reading or literacy skills:
16
(a) Online or in-person, high-dosage tutoring
17
services from a list of state-approved providers whose employees are trained
18
in the science of reading and hold:
19
(1) Valid teaching certificates in
20
either elementary education or reading; or
21
(2) Baccalaureate or graduate degrees in
22
education, English, or another subject area indicative of expertise in
23
reading and literacy; or
24
(b) Evidence-based digital literacy
25
applications or software programs from a list of state-approved programs that
26
are in alignment with the science of reading;
27
(vii) Develop and curate a list of approved tutoring
28
providers and evidence-based digital literacy applications or software
29
programs that are in alignment with the science of reading that will be
30
updated on a regular basis; and
31
(viii) Develop a procedure for verification that
32
eligible students who received a literacy tutoring grant received the
33
services or materials for which payments were made.
34
(D) By no later than October 1 of each year, or as soon as
35
practicable if a student's reading need is identified after October 1, each
36
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public school district and open-enrollment public charter school shall notify
1
the parent, legal guardian, or person standing in loco parentis to a student
2
regarding:
3
(i) Each student who is eligible to participate in
4
the literacy tutoring grant program created under subdivision (j)(2)(A) of
5
this section;
6
(ii) The process for applying for the literacy
7
tutoring grant program created under subdivision (j)(2)(A) of this section;
8
and
9
(iii) Other information provided by the division.
10
(k) Beginning with the 2023-2024 school year, with full implementation
11
no later than the 2025-2026 school year, public school districts and open-
12
enrollment public charter schools shall:
13
(1)(A) Notify all parents, legal guardians, or persons standing
14
in loco parentis to a student, in writing, in a parent-friendly manner, of
15
their student’s reading progress each time the student is assessed throughout
16
the year using high-quality literacy screener results, as required by § 6-15-
17
2907(a)(2) and § 6-15-2006(a)(1)(C).
18
(B) The written notification in a parent-friendly manner
19
required under subdivision (k)(1) of this section may be in the language of
20
communication preferred by a parent, legal guardian, or person standing in
21
loco parentis to a student;
22
(2)(A) Develop an individual reading plan for each student in
23
kindergarten through grade three (K-3) who does not meet the reading standard
24
as:
25
(i) Determined by the state board; and
26
(ii) Measured by a high-quality literacy screener or
27
the state annual accountability assessment.
28
(B) An individual reading plan shall include:
29
(i) The student's specific, diagnosed reading skill
30
needs, including without limitation:
31
(a) Phonemic awareness;
32
(b) Phonics decoding;
33
(c) Text reading fluency;
34
(d) Vocabulary-building strategies; and
35
(e) Self-regulated use of reading
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comprehension strategies, as identified by high-quality literacy screener
1
data;
2
(ii) The goals and benchmarks for the student's
3
growth;
4
(iii) How the student's progress will be monitored
5
and evaluated;
6
(iv) The type of additional instructional services
7
and interventions the student may receive;
8
(v) The intensive, evidence-based literacy
9
intervention program aligned to the science of reading the student's teacher
10
will use to address the areas of phonemic awareness, phonics, fluency,
11
vocabulary, and comprehension;
12
(vi) The strategies the student's parents, legal
13
guardians, or persons standing in loco parentis to the student are encouraged
14
to use in assisting the student to achieve the student's reading goal; and
15
(vii) Any additional services the student's teacher
16
determines are available and appropriate to accelerate the student's reading
17
skill development;
18
(3) Notify all parents, legal guardians, or persons standing in
19
loco parentis to a student in writing of the content of their child's
20
independent reading plan and progress on the independent reading plan
21
throughout the year; and
22
(4) By the beginning of the 2024-2025 school year, report to the
23
division the:
24
(A) Types of interventions used; and
25
(B) Students receiving each type of intervention.
26
(l)(1) By the beginning of the 2025-2026 school year, if a public
27
school student has not met the third-grade reading standard, as defined by
28
the state board, or the student does not have a good-cause exemption, as
29
provided under this subsection, the student shall not be promoted to fourth
30
grade.
31
(2)(A) A student in grade three (3) who does not meet the
32
reading standard for promotion to fourth grade may be promoted by the school
33
district for good cause.
34
(B) A good-cause exemption for promotion shall be limited
35
to the following students:
36
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(i) Limited English Proficiency students who have
1
had less than three (3) years of instruction in an English language learner
2
program;
3
(ii) Students with a disability who are not eligible
4
for the alternate assessment and who have an individualized education program
5
or a 504 plan that reflects that the individual student:
6
(a) Has received an intensive, evidence-based
7
literacy intervention program aligned to the science of reading for more than
8
two (2) years; and
9
(b) Still demonstrates a need in reading
10
proficiency or previously was retained in kindergarten, grade one (1), grade
11
two (2), or grade three (3);
12
(iii) Students who:
13
(a) Have received an intensive, evidence-based
14
literacy intervention program aligned to the science of reading for two (2)
15
or more years;
16
(b) Still demonstrate a need in reading
17
proficiency and who previously were retained in kindergarten, grade one (1),
18
grade two (2), or grade three (3);
19
(c) Have received a special education referral
20
and a full comprehensive evaluation; and
21
(d) Have not met exceptional education
22
criteria;
23
(iv) Students who have already been retained in
24
kindergarten, grade one (1), grade two (2), or grade three (3) for one (1)
25
year;
26
(v)(a) Students who can demonstrate that they are
27
successful and independent readers and can perform at or above grade level.
28
(b) A public school district and open-
29
enrollment public charter school may use certain tools in reevaluating a
30
student in accordance with state board rules, which shall include without
31
limitation subsequent student assessments or alternative assessments; and
32
(vi) Other students with necessary, justifiable
33
good-cause exemptions identified as appropriate by the state board, in
34
consultation with reading experts.
35
(3) For each student who does not meet the reading standard
36
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established by the state board by the end of third grade, including students
1
who are promoted with good-cause exemptions to the fourth grade, during the
2
subsequent summer and school year, the public school district or open-
3
enrollment public charter school in which the student is enrolled shall:
4
(A) Provide at least ninety (90) minutes of evidence-based
5
literacy instruction aligned to the science of reading during each school
6
day;
7
(B) Assign the student to a teacher with a value-added
8
model score in the top quartile statewide in English language arts for the
9
past three (3) years, or if the public school district or open-enrollment
10
public charter school is unable to identify a teacher with a value-added
11
model score in the top quartile statewide in English language arts for the
12
past three (3) years, assign the student to a teacher:
13
(i) With a highly-effective rating according to the
14
Teacher Excellence and Support System, § 6-17-2801 et seq., where possible;
15
or
16
(ii) Deemed to be a high-performing teacher as
17
defined by a Master Professional Educator designation;
18
(C)(i) Provide parents, legal guardians, or persons
19
standing in loco parentis to students with a “read-at-home” plan to support
20
student early literacy growth.
21
(ii) A “read-at-home” plan shall include evidence-
22
based science of reading strategies and tools that are aligned to a student’s
23
individual reading plan for parents, legal guardians, or persons standing in
24
loco parentis to a student to use with their children;
25
(D) Identify eligible students for literacy tutoring
26
grants as established by this section and notify parents, legal guardians, or
27
persons standing in loco parentis to a student regarding their child's
28
eligibility;
29
(E) Be given priority to receive a literacy tutoring grant
30
under this section; and
31
(F) Be given the option to participate in additional
32
intensive, evidence-based literacy intervention programs aligned to the
33
science of reading.
34
(j)(m) The division shall:
35
(1) Enforce this section; and
36
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(2) Promulgate rules to implement this section; and
1
(3) Contract with a vendor to conduct an annual independent
2
evaluation to identify and assess strategies that the state, public school
3
districts, and open-enrollment public charter schools have taken to support
4
Arkansas students in reading at grade level by the end of grade three (3).
5
(k)(n) As used in this section:
6
(1) “Science of reading” means the study of the relationship
7
between cognitive science and educational outcomes; and
8
(2) “Structured literacy” means an approach by which licensed
9
personnel teach reading in an explicit, systematic, cumulative, and
10
diagnostic manner.
11
(l)(1)(o)(1) The Secretary of the Department of Education shall hire
12
an Education Ombudsman to assist the division in the enforcement of this
13
section, including without limitation enforcing the requirements for:
14
(A) Demonstrating proficiency;
15
(B) Providing professional development; and
16
(C) Using a permitted program of instruction.
17
(2) The secretary may designate additional requirements related
18
to public education, including without limitation the enforcement of literacy
19
requirements.
20
(3) The secretary shall supervise the Education Ombudsman and
21
shall not delegate supervision to an employee of the division.
22
(4)(A) The minimum qualifications for the Education Ombudsman
23
shall include a master's degree in:
24
(i) Education; or
25
(ii) A related field.
26
(B) An individual who has served as a past public school
27
district superintendent or who serves as a current public school district
28
superintendent is not eligible to serve as the Education Ombudsman under this
29
section.
30
(5) The Education Ombudsman may:
31
(A) Communicate with:
32
(i) A public school student, with permission from a
33
parent, legal guardian, or person standing in loco parentis of the public
34
school student;
35
(ii) A parent, legal guardian, or person standing in
36
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loco parentis of a public school student; and
1
(iii) Administration, faculty, and staff employed by
2
a public school district or open-enrollment public charter school;
3
(B) Review an issue or concern related to the education of
4
a public school student enrolled in a public school or open-enrollment public
5
charter school;
6
(C) Recommend training and resources to a public school,
7
public school district, or open-enrollment public charter school; and
8
(D) Request support and assistance from the division to be
9
provided to a public school, public school district, or open-enrollment
10
public charter school.
11
(6)(A) The Education Ombudsman shall prepare and submit an
12
annual report to the state board concerning the work of the Education
13
Ombudsman and any recommendations related to the focus areas of the Education
14
Ombudsman.
15
(B) The report required under subdivision
16
(l)(6)(A)(o)(6)(A) of this section shall be submitted every two (2) years to
17
the:
18
(i) House Committee on Education; and
19
(ii) Senate Committee on Education.
20
(p) The state board may promulgate rules to implement this section.
21
22
SECTION 30. Arkansas Code Title 6, Chapter 17, Subchapter 4, is
23
amended to add an additional section to read as follows:
24
6-17-431. Numeracy.
25
(a) By the 2023-2024 school year, each public school district and
26
open-enrollment public charter school shall:
27
(1)(A) Develop a math intervention plan for each student in
28
grades three through eight (3-8) who is not performing at or above grade
29
level on the state assessment, as defined by the State Board of Education.
30
(B) The math intervention plan required under subdivision
31
(a)(1)(A) of this section may include without limitation the:
32
(i)(a) Provision of each student with access to
33
high-dosage, targeted math tutoring in the subsequent school year.
34
(b) High-dosage, targeted math tutoring
35
provided under subdivision (a)(1)(B)(i)(a) of this section shall mean three
36
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(3) or more tutoring sessions a week in a one-on-one or small-group setting;
1
(ii) Assignment to a teacher with a value-added
2
model score in the top quartile statewide in math for the previous three (3)
3
years or, if a public school district or open-enrollment public charter
4
school is unable to find a teacher with a value-added model score in the top
5
quartile statewide in math for the previous three (3) years, assignment to a
6
teacher:
7
(a) With a highly-effective rating in the
8
Teacher Excellence and Support System, § 6-17-2801 et seq., where possible;
9
or
10
(b) Deemed to be a high-performing teacher as
11
defined by a Master Professional Educator designation; and
12
(iii) Provision of each student with extended time
13
on math instruction during or after school; and
14
(2) Provide written notification to all parents, legal
15
guardians, or persons standing in loco parentis to a student of their
16
student's math intervention plan and progress on his or her math intervention
17
plan throughout the school year.
18
(b) By the beginning of the 2024-2025 school year, each public school
19
district and open-enrollment public charter school shall report to the
20
Division of Elementary and Secondary Education the:
21
(1) Type or types of math intervention used; and
22
(2) Number of students who are receiving each type of math
23
intervention.
24
(c) The state board may promulgate rules to implement this section.
25
26
SECTION 31. Arkansas Code § 6-17-811 is repealed.
27
6-17-811. Incentives for teacher recruitment and retention in high-
28
priority districts — Definitions.
29
(a) As used in this section:
30
(1) “High-priority district” means a public school district:
31
(A) In which eighty percent (80%) or more of public school
32
students are national school lunch students; and
33
(B)(i) Except as provided by subdivision (a)(1)(B)(ii) of
34
this section, that had a three-quarter average daily membership in the
35
previous year of one thousand (1,000) or fewer students.
36
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(ii) In order to further the state's policy of
1
encouraging efficiency and the expansion of available course offerings that
2
might be achieved through the voluntary consolidation or annexation of school
3
districts, qualifying teachers in the resulting school district in an
4
approved voluntary consolidation under § 6-13-1404(a)(2) or § 6-13-1603(a) or
5
in a receiving district in an approved voluntary annexation under § 6-13-
6
1403(a)(2)-(4) or § 6-13-1603(a) shall continue to receive the funding
7
provided under this section if all school districts in the voluntary
8
consolidation or annexation were high-priority districts in the immediately
9
preceding school year, even if the average daily membership of the resulting
10
or receiving school district is one thousand (1,000) or above.
11
(iii) By April 15 of each year, the State Board of
12
Education shall determine the districts that qualify as high-priority
13
districts of the state;
14
(2)(A) “National school lunch students” means those students or
15
the percentage of enrolled students from low socioeconomic backgrounds as
16
indicated by eligibility for free or reduced-price meals under the National
17
School Lunch Act as determined on October 1 of each previous school year and
18
submitted to the Division of Elementary and Secondary Education, unless the
19
school district is identified by the division as participating in the special
20
assistance certification and reimbursement alternative implemented under 42
21
U.S.C. § 1759a, as interpreted in 7 C.F.R. § 245.9.
22
(B) If the school district is participating under 42
23
U.S.C. § 1759a, then for purposes of this section the school district's
24
annual percentage of national school lunch students is equal to the
25
percentage submitted in the base year, which means the last school year for
26
which eligibility determinations were made and meal counts were taken by
27
type;
28
(3)(A) “New teacher bonus” means an incentive bonus provided
29
under subdivisions (b)(1)-(3) of this section to a teacher who is within the
30
first three (3) years of employment with a single high-priority district.
31
(B) A teacher is not entitled to receive a new teacher
32
bonus from any high-priority district other than the high-priority district
33
that first employed the teacher and paid the teacher a new teacher bonus;
34
(4) “Previous year” means the school year immediately preceding
35
the present school year;
36
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(5) “Retention bonus” means an incentive bonus provided under
1
subdivision (b)(4) or subdivision (b)(5) of this section; and
2
(6)(A) “Teacher” means a licensed classroom teacher who spends
3
seventy percent (70%) of his or her time working directly with students in a
4
classroom setting teaching all grade-level or subject-matter appropriate
5
classes.
6
(B) “Teacher” includes a guidance counselor or librarian.
7
(b) At the end of the school year and upon completion of a licensed
8
teacher's contracted teaching obligations, a teacher who completes the entire
9
current school year teaching in a high-priority district may be entitled to
10
receive in addition to all other contracted salary and benefits:
11
(1) For a newly hired teacher who has not previously taught in a
12
high-priority district, a one-time signing bonus of five thousand dollars
13
($5,000) for the first year of service in the high-priority district, to be
14
paid upon completion of the full year of teaching;
15
(2) For a newly hired teacher who meets the requirements of
16
subdivision (b)(1) of this section, who continues to teach in the same high-
17
priority district, and who completes the second full year of contracted
18
teaching obligations, a new teacher bonus of four thousand dollars ($4,000)
19
in addition to all other contracted salary and benefits;
20
(3) For a teacher who meets the requirements of subdivisions
21
(b)(1) and (2) of this section, who continues to teach in the same high-
22
priority district, and who completes a third year of contracted teaching
23
obligations, a new teacher bonus of four thousand dollars ($4,000) in
24
addition to all other contracted salary and benefits;
25
(4) For a teacher who meets the requirements of subdivisions
26
(b)(1)-(3) of this section and who enters his or her fourth or subsequent
27
year of service with the same high-priority district or begins employment
28
with a high-priority district other than the high-priority district where he
29
or she was employed at the time he or she received a new teacher bonus under
30
subdivisions (b)(1)-(3) of this section, a retention bonus of three thousand
31
dollars ($3,000) for the fourth and each subsequent complete year of service
32
in the high-priority district, to be paid at the end of the school year after
33
completing all contractual obligations; and
34
(5) For a teacher employed in a high-priority district who does
35
not meet the requirements of subdivisions (b)(1)-(3) of this section, a
36
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retention bonus of three thousand dollars ($3,000) for each complete year of
1
service in the high-priority district, to be paid at the end of the school
2
year after completing all contractual obligations.
3
(c)(1) A teacher shall not be entitled to a bonus provided under this
4
section unless the teacher has fulfilled his or her contractual obligations
5
for the current school year.
6
(2) The superintendent of the high-priority district where the
7
teacher is employed shall certify in writing to the division that the teacher
8
has completed all contractual obligations for the school year.
9
(d) The division shall:
10
(1) Monitor the implementation of the incentive program
11
established by this section;
12
(2) Collect data to be used to evaluate the incentive program's
13
effectiveness; and
14
(3) Promulgate any necessary rules to administer the
15
requirements of the teacher recruitment and retention program.
16
(e)(1) The bonus amounts provided under this section are the maximum
17
amounts to be paid to qualifying teachers in high-priority districts and are
18
subject to the appropriation and availability of funding for the payment of
19
the bonuses.
20
(2) If the funds appropriated and available for the payment of
21
the bonuses under this section are insufficient to pay the maximum bonus
22
amounts to each qualifying teacher, the division shall distribute the
23
available funding to qualified teachers on a pro rata basis.
24
25
SECTION 32. Arkansas Code § 6-17-812(b)(3)(C), concerning agreements
26
entered into by teachers to receive compensation for teaching more than the
27
maximum number of students permitted, is repealed.
28
(C) The provisions of The Teacher Fair Dismissal Act of
29
1983, § 6-17-1501 et seq., do not apply to an agreement entered into between
30
a teacher and a school district under this section.
31
32
SECTION 33. Arkansas Code Title 6, Chapter 17, Subchapter 15, is
33
repealed.
34
Subchapter 15 — The Teacher Fair Dismissal Act of 1983
35
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6-17-1501. Title.
1
This subchapter shall be referred to and may be cited as “The Teacher
2
Fair Dismissal Act of 1983”.
3
4
6-17-1502. Definitions.
5
(a) As used in this subchapter:
6
(1)(A) “Probationary teacher” means a teacher who has not
7
completed three (3) successive years of employment in the school district in
8
which the teacher is currently employed.
9
(B) (i) A teacher employed in a school district in
10
this state for three (3) years shall be deemed to have completed the
11
probationary period.
12
(ii) However, an employing school district may, by a
13
majority vote of its directors, provide for one (1) additional year of
14
probationary status; and
15
(2) “Teacher” means any person, exclusive of the superintendent
16
or assistant superintendent, employed in an Arkansas public school district
17
who is required to hold a teaching license from the State Board of Education
18
as a condition of employment.
19
(b) A teacher who has completed three (3) successive years of
20
employment in the school district in which the teacher is employed on July 4,
21
1983, or a teacher who has been given credit for a prior service in another
22
school district as authorized by subdivision (a)(1)(B)(i) of this section, is
23
deemed to have completed the required probationary period.
24
25
6-17-1503. Construction.
26
(a) The General Assembly finds:
27
(1) That the current standard, which requires cause that is not
28
arbitrary, capricious, or discriminatory for the nonrenewal, termination, or
29
suspension of a teacher, should be raised to a standard of just and
30
reasonable cause; and
31
(2) That the current standard for compliance with this
32
subchapter and a school district's personnel policies of strict compliance
33
should be lowered to substantial compliance.
34
(b) This subchapter is not a teacher tenure law in that it does not
35
confer lifetime appointment of teachers.
36
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(c) A nonrenewal, termination, suspension, or other disciplinary
1
action by a school district shall be void unless the school district
2
substantially complies with all provisions of this subchapter and the school
3
district's applicable personnel policies.
4
5
6-17-1504. Evaluation — Effect.
6
(a) Each teacher employed by the board of directors of a school
7
district shall be evaluated in writing under the Teacher Excellence and
8
Support System, § 6-17-2801 et seq.
9
(b) At a time other than an evaluation conducted under the Teacher
10
Excellence and Support System, § 6-17-2801 et seq., if a superintendent or
11
other school administrator charged with the supervision of a teacher believes
12
or has reason to believe that the teacher is having difficulties or problems
13
meeting the expectations of the school district or its administration and the
14
administrator believes or has reason to believe that the problems could lead
15
to termination or nonrenewal of contract, the superintendent or other school
16
administrator shall:
17
(1) In writing, bring the problems and difficulties to the
18
attention of the teacher involved; and
19
(2) Document the efforts that have been undertaken to assist the
20
teacher to correct whatever appears to be the cause for potential termination
21
or nonrenewal.
22
23
6-17-1505. Teacher personnel file.
24
(a) The school district shall maintain a personnel file for each
25
teacher which shall be available to the teacher for inspection and copying at
26
the teacher's expense during normal office hours.
27
(b) The teacher may submit for inclusion in the file written
28
information in response to any of the material contained therein.
29
30
6-17-1506. Contract renewal — Notice of nonrenewal — Rescission.
31
(a) Every contract of employment made between a teacher and the board
32
of directors of a school district shall be renewed in writing on the same
33
terms and for the same salary, unless increased or decreased by law, for the
34
next school year succeeding the date of termination fixed therein, which
35
renewal may be made by an endorsement on the existing contract instrument
36
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unless:
1
(1) By May 1 of the contract year, the teacher is notified by
2
the school superintendent that the superintendent is recommending that the
3
teacher's contract not be renewed;
4
(2) During the period of the contract or within ten (10)
5
calendar days after the end of the school year, the teacher shall send by
6
certified or registered mail to the president, vice president, or secretary
7
of the board of directors of the school district, with a copy to the
8
superintendent, or may deliver in person to the president, vice president, or
9
secretary of the board of directors of the school district, with a copy to
10
the superintendent, his or her resignation as a teacher; or
11
(3) The contract is superseded by another contract between the
12
parties.
13
(b)(1) Termination, nonrenewal, or suspension shall be only upon the
14
recommendation of the superintendent.
15
(2)(A) A notice of nonrenewal shall be delivered in person to
16
the teacher or mailed by registered or certified mail to the teacher at the
17
teacher's residence address as reflected in the teacher's personnel file.
18
(B) The notice of recommended nonrenewal of a teacher
19
shall include a statement of the reasons for the recommendation, setting
20
forth the reasons in separately numbered paragraphs so that a reasonable
21
teacher can prepare a defense.
22
(c)(1) No teacher shall be required to sign and return a contract for
23
the next school year any sooner than thirty (30) days after the contract is
24
issued to the teacher.
25
(2) The teacher shall have the right to unilaterally rescind any
26
signed contract no later than ten (10) days after the end of the school year.
27
28
6-17-1507. Notice of termination recommendation.
29
(a) A teacher may be terminated only during the term of any contract
30
when there is a reduction in force created by districtwide reduction in
31
licensed staff or for incompetent performance, conduct which materially
32
interferes with the continued performance of the teacher's duties, repeated
33
or material neglect of duty, or other just and reasonable cause.
34
(b) The school district superintendent:
35
(1) Shall notify the teacher of the termination recommendation;
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and
1
(2)(A) May notify a school resource officer assigned to the
2
school campus on which the teacher is employed of the termination
3
recommendation.
4
(B)(i) A school district superintendent shall not disclose
5
any additional details regarding a recommendation for the termination of a
6
teacher to a school resource officer assigned to the school campus on which
7
the teacher is employed unless the school district superintendent, in his or
8
her discretion and based on relevant information, believes there are risks
9
to:
10
(a) Campus security; and
11
(b) Student safety.
12
(ii) Additional details regarding a recommendation
13
for the termination of the teacher include without limitation:
14
(a) The underlying reasons for a
15
recommendation for the termination of the teacher;
16
(b) The identity of other individuals involved
17
in a recommendation for the termination of the teacher, including without
18
limitation other teachers, students, administrators employed at or attending
19
the school campus where the teacher is employed, and the parents or legal
20
guardians of students attending the school campus where the teacher is
21
employed; and
22
(c) Further disciplinary actions taken against
23
a teacher in addition to the termination recommendation.
24
(C) If a school district superintendent determines that
25
disclosure of additional details regarding a recommendation for the
26
termination of the teacher is necessary under subdivision (b)(2)(B) of this
27
section, the school district superintendent shall limit the disclosure of the
28
additional details to the minimum amount of information that he or she
29
believes is necessary for the school resource officer assigned to the school
30
campus on which the teacher is employed to ensure campus security and student
31
safety.
32
(c)(1) The notice shall include a statement of the grounds for the
33
recommendation of termination, setting forth the grounds in separately
34
numbered paragraphs so that a reasonable teacher can prepare a defense.
35
(2) The notice shall be delivered in person to the teacher or
36
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sent by registered or certified mail to the teacher at the teacher's
1
residence address as reflected in the teacher's personnel file.
2
3
6-17-1508. Suspension.
4
(a) Whenever a superintendent has reason to believe that cause exists
5
for the termination of a teacher and that immediate suspension of the teacher
6
is necessary, the superintendent may suspend the teacher without notice or a
7
hearing.
8
(b) The school district superintendent:
9
(1) Shall notify the teacher of the suspension in writing within
10
two (2) school days of the suspension; and
11
(2)(A) May notify a school resource officer assigned to the
12
school campus on which the teacher is employed of the teacher's suspension.
13
(B)(i) A school district superintendent shall not disclose
14
any additional details regarding a suspension of the teacher to a school
15
resource officer assigned to the school campus on which the teacher is
16
employed unless the school district superintendent, in his or her discretion
17
and based on relevant information, believes there are risks to:
18
(a) Campus security; and
19
(b) Student safety.
20
(ii) Additional details regarding the suspension of
21
the teacher include without limitation:
22
(a) The underlying reasons for the suspension
23
of the teacher;
24
(b) The identity of other individuals involved
25
in the suspension of the teacher, including without limitation other
26
teachers, students, administrators employed at or attending the school campus
27
where the teacher is employed, and the parents or legal guardians of students
28
attending the school campus where the teacher is employed; and
29
(c) Further disciplinary actions taken against
30
a teacher in addition to the suspension, unless the further disciplinary
31
actions include a recommendation for the termination of the teacher.
32
(C) If a school district superintendent determines that
33
disclosure of additional details regarding the suspension of a teacher is
34
necessary under subdivision (b)(2)(B) of this section, the school district
35
superintendent shall limit the disclosure of the additional details to the
36
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minimum amount of information that he or she believes is necessary for the
1
school resource officer assigned to the school campus on which the teacher is
2
employed to ensure campus security and student safety.
3
(c)(1) The written notice shall include a statement of the grounds for
4
suspension or recommended termination, setting forth the grounds in
5
separately numbered paragraphs so that a reasonable teacher can prepare a
6
defense.
7
(2) The written notice shall be delivered in person to the
8
teacher or sent by registered or certified mail to the teacher at the
9
teacher's residence address as reflected in the teacher's personnel file and
10
shall state that a hearing before the board of directors is available to the
11
teacher upon request provided that the request is made in writing within the
12
time provided in § 6-17-1509.
13
(d) The hearing shall be scheduled by the president, vice president,
14
or secretary of the board of directors of a school district and the teacher
15
and shall be held within the time and manner provided in § 6-17-1509 after a
16
request for the hearing is received by the board of directors.
17
(e) If sufficient grounds for termination or suspension are found, the
18
board of directors may terminate the teacher or continue the suspension for a
19
definite period of time.
20
(f) The salary of a suspended teacher shall cease as of the date the
21
board of directors sustains the suspension.
22
(g) If sufficient grounds for termination or suspension are not found,
23
the teacher shall be reinstated without loss of compensation.
24
25
6-17-1509. Hearing.
26
(a) A teacher who receives a notice of recommended termination or
27
nonrenewal may file a written request with the board of directors of the
28
school district for a hearing.
29
(b) Written request for a hearing shall be sent by certified or
30
registered mail to the president, vice president, or secretary of the board
31
of directors of the school district, with a copy to the superintendent, or
32
may be delivered in person by the teacher to the president, vice president,
33
or secretary of the board of directors of the school district, with a copy to
34
the superintendent, within thirty (30) calendar days after the written notice
35
of proposed termination or nonrenewal is received by the teacher.
36
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(c) Upon receipt of a request for a hearing, the board of directors
1
shall grant a hearing in accordance with the following provisions:
2
(1) The hearing shall take place at a time agreed upon in
3
writing by the parties, but if no time can be agreed upon, then the hearing
4
shall be held no fewer than five (5) calendar days nor more than twenty (20)
5
calendar days after the written request has been received by the board of
6
directors;
7
(2)(A) The hearing shall be private unless the teacher or the
8
board of directors shall request that the hearing be public.
9
(B) If the hearing is public, the parent or guardian of
10
any student under eighteen (18) years of age who offers testimony may elect
11
to have the student's testimony offered in private;
12
(3) The teacher and the board of directors may be represented by
13
representatives of their choosing;
14
(4) It shall not be necessary that a full record of the
15
proceedings at the hearing be made and preserved unless:
16
(A) The board of directors shall elect to make and
17
preserve a record of the hearing at its own expense, in which event a copy
18
shall be furnished the teacher, upon request, without cost to the teacher; or
19
(B) A written request is filed with the board of directors
20
by the teacher at least twenty-four (24) hours before the time set for the
21
hearing, in which event the board of directors shall make and preserve at its
22
own expense a record of the hearing and shall furnish a transcript to the
23
teacher without cost; and
24
(5) The board of directors shall not consider at the hearing any
25
new reasons which were not specified in the notices provided pursuant to this
26
subchapter.
27
(d) Nothing in this section shall preclude a school district which has
28
chosen to officially recognize in its policies an organization representing
29
the majority of the teachers of the school district for the purpose of
30
negotiating personnel policies, salaries, and educational matters of mutual
31
concern under a written policy agreement from conducting a single nonrenewal
32
hearing when all the school district's teachers are recommended for
33
nonrenewal provided that each teacher at such hearing shall be given an
34
opportunity to make comments to be included in the hearing record.
35
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6-17-1510. Board action on termination or nonrenewal — Appeal.
1
(a)(1) Upon conclusion of its hearing with respect to the termination
2
or nonrenewal of a contract of a teacher who has been employed as a full-time
3
teacher by the school district for less than three (3) continuous years, the
4
board of directors shall take action on the recommendations by the
5
superintendent with respect to the termination or nonrenewal of such
6
contract.
7
(2) The board of directors' decision with regard to nonrenewal
8
of a probationary teacher shall be final.
9
(b)(1) Any licensed teacher who has been employed continuously by the
10
school district three (3) or more years or who may have achieved
11
nonprobationary status pursuant to § 6-17-1502 may be terminated or the board
12
of directors may refuse to renew the contract of the teacher only when there
13
is a reduction in force created by districtwide reduction in licensed
14
personnel, for incompetent performance, conduct which materially interferes
15
with the continued performance of the teacher's duties, repeated or material
16
neglect of duty, or other just and reasonable cause.
17
(2) Upon completion of the hearing, the board of directors,
18
within ten (10) days after the holding of the hearing, shall:
19
(A) Uphold the recommendation of the superintendent to
20
terminate or not renew the teacher's contract;
21
(B) Reject or modify the superintendent's recommendation
22
to terminate or not renew the teacher's contract; or
23
(C) (i) Vote to continue the contract of the
24
teacher under such restrictions, limitations, or assurances as the board of
25
directors may deem to be in the best interest of the school district.
26
(ii) The decision shall be reached by the board of
27
directors within ten (10) days from the date of the hearing, and a copy shall
28
be furnished in writing to the teacher involved, either by personally
29
delivering it to the teacher or by addressing it to the teacher's last known
30
address by registered or certified mail.
31
(c) Subsequent to any hearing granted a teacher by this subchapter,
32
the board of directors, by majority vote, shall make specific written
33
conclusions with regard to the truth of each reason given the teacher in
34
support of the recommended termination or nonrenewal.
35
(d)(1) The exclusive remedy for any nonprobationary teacher aggrieved
36
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by the decision made by the board of directors shall be an appeal therefrom
1
to the circuit court of the county in which the school district is located,
2
within seventy-five (75) days of the date of written notice of the action of
3
the board of directors.
4
(2) Additional testimony and evidence may be introduced on
5
appeal to show facts and circumstances showing that the termination or
6
nonrenewal was lawful or unlawful.
7
8
SECTION 34. Arkansas Code Title 6, Chapter 17, Subchapter 17, is
9
repealed.
10
6-17-1701. Title.
11
This subchapter shall be known and may be cited as the “Public School
12
Employee Fair Hearing Act”.
13
14
6-17-1702. Definitions.
15
As used in this subchapter:
16
(1) “Employee” means any person employed by a school district
17
under a written annual contract who is not required to have an educator
18
license issued by the Division of Elementary and Secondary Education as a
19
condition of employment;
20
(2) “Full-time employee” means any employee who is contracted to
21
work at least twenty (20) hours per week; and
22
(3)(A) “Probationary employee” means an employee who has not
23
completed one (1) year of employment in the school district in which he or
24
she is employed.
25
(B) Provided that at least thirty (30) days before the
26
completion of an employee's probationary period, the superintendent of
27
schools may recommend and the board of directors may vote that one (1)
28
additional year of probation is necessary for an employee.
29
30
6-17-1703. Termination or nonrenewal — Notice.
31
(a) The superintendent of a school district may recommend termination
32
of an employee during the term of any contract or the nonrenewal of a full-
33
time nonprobationary employee's contract provided that he or she gives notice
34
in writing, personally delivered or by letter posted by registered or
35
certified mail to the employee's residence address as reflected in the
36
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employee's personnel file.
1
(b) The recommendation of nonrenewal of a full-time nonprobationary
2
employee's contract shall be made no later than thirty (30) calendar days
3
before the beginning of the employee's next contract period.
4
(c) Such written notice shall include a statement of the reasons for
5
the proposed termination or nonrenewal.
6
(d) The notice shall further state that an employee being recommended
7
for termination or a full-time nonprobationary employee being recommended for
8
nonrenewal is entitled to a hearing before the school district board of
9
directors upon request provided that the request is made in writing to the
10
superintendent within twenty-five (25) calendar days from receipt of the
11
notice.
12
(e) It is the public policy of the State of Arkansas that employees,
13
as defined in this subchapter, shall not be considered “at will” employees
14
with regard to the termination of their employment, notwithstanding any
15
contractual provision to the contrary.
16
17
6-17-1704. Immediate suspension — Notice.
18
(a) Nothing in this subchapter shall be construed or interpreted to
19
preclude the superintendent from placing an employee on immediate suspension,
20
provided he or she gives written notice of such action to the employee within
21
two (2) school days of the suspension.
22
(b) The notice shall include a statement of reasons for the
23
suspension, state whether the superintendent is recommending termination, and
24
state that a hearing before the school district board of directors is
25
available upon request provided that the request is made in writing to the
26
superintendent within twenty-five (25) calendar days from receipt of the
27
notice.
28
29
6-17-1705. Hearing.
30
(a) Upon receipt of a request for a hearing, the school district board
31
of directors shall conduct a hearing in accordance with the following
32
provisions:
33
(1) The hearing shall take place no fewer than five (5) nor more
34
than ten (10) days after the written request has been received by the
35
superintendent, except that the employee and board of directors may, in
36
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writing, agree to an earlier or later hearing date; and
1
(2) The hearing shall be public or private at the request of the
2
employee.
3
(b) The employee may be represented by persons of his or her own
4
choosing.
5
(c) In hearings held concerning a recommendation for the termination
6
of an employee's contract, either the board of directors or the employee may
7
elect to have a record of the hearing made at the board of director's
8
expense.
9
(d) In hearings held concerning a recommendation for the nonrenewal of
10
a full-time non-probationary employee, either the board of directors or the
11
employee may elect to have a record of the hearing made, and the expense for
12
the record shall be shared equally between the board of directors and the
13
employee.
14
(e)(1) After the hearing, the school district board of directors may
15
terminate the employee or continue the suspension for a definite period of
16
time.
17
(2)(A) The salary of a suspended employee shall cease when the
18
school district board of directors sustains the suspension.
19
(B) Otherwise, the employee shall be reinstated without
20
loss of compensation.
21
(f) The decision of the school district board of directors shall be
22
made within ten (10) calendar days of the hearing.
23
24
SECTION 35. Arkansas Code § 6-17-2403 is amended to read as follows:
25
6-17-2403. Minimum teacher compensation schedule — Definition.
26
(a)(1) The board of directors in each school district in the state
27
shall pay classroom teachers upon a minimum base salary of fifty thousand
28
dollars ($50,000) schedule that provides:
29
(A) Annual increments for education and experience;
30
(B) A base salary; and
31
(C) A minimum salary for a teacher with a master's degree
32
and at least fifteen (15) years' experience.
33
(2) To be eligible for funds to implement the minimum base
34
salary under this section, a public school district shall:
35
(A) Revise each teacher contract by the 2023-2024 school
36
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year to require that each teacher in the public school district is employed
1
at least one hundred ninety (190) school days each year;
2
(B)(i) Not adopt a personnel policy or incorporate terms
3
into a personnel contract that provide more rights to personnel than those
4
provided under state law in effect during the term of the personnel contract.
5
(ii) This subdivision (a)(2)(B) shall not be
6
interpreted as:
7
(a) Denying personnel rights provided by other
8
laws, including without limitation due process; or
9
(b) Prohibiting a school district board of
10
directors from specifying in its policy the timelines and processes for
11
providing notice and an opportunity for a hearing as provided under § 6-13-
12
636(d);
13
(C) Not have a waiver of teacher salary requirements; and
14
(D) Adopt an employee salary schedule.
15
(2)(A) A school district may differentiate in the salary levels
16
of the minimum teacher compensation schedule to provide increased salaries
17
based on a tiered licensure system established by the State Board of
18
Education under § 6-17-402.
19
(B) The differentiated salary schedule shall not provide
20
for a salary that is below the minimum set out in this section.
21
(b) Each school district in the state shall have in place a salary
22
schedule with at least the following minimum levels of compensation for a
23
basic contract:
24
(1) For the 2019-2020 school year:
25
Years of Experience
BA Degree Salary
MA Degree Salary
26
0
$32,800
$37,450
27
1
33,250
37,950
28
2
33,700
38,450
29
3
34,150
38,950
30
4
34,600
39,450
31
5
35,050
39,950
32
6
35,500
40,450
33
7
35,950
40,950
34
8
36,400
41,450
35
9
36,850
41,950
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10
37,300
42,450
1
11
37,750
42,950
2
12
38,200
43,450
3
13
38,650
43,950
4
14
39,100
44,450
5
15
39,550
44,950;
6
(2) For the 2020-2021 school year:
7
Years of Experience
BA Degree Salary
MA Degree Salary
8
0
$33,800
$38,450
9
1
34,250
38,950
10
2
34,700
39,450
11
3
35,150
39,950
12
4
35,600
40,450
13
5
36,050
40,950
14
6
36,500
41,450
15
7
36,950
41,950
16
8
37,400
42,450
17
9
37,850
42,950
18
10
38,300
43,450
19
11
38,750
43,950
20
12
39,200
44,450
21
13
39,650
44,950
22
14
40,100
45,450
23
15
40,550
45,950;
24
(3) For the 2021-2022 school year:
25
Years of Experience
BA Degree Salary
MA Degree Salary
26
0
$34,900
$39,550
27
1
35,350
40,050
28
2
35,800
40,550
29
3
36,250
41,050
30
4
36,700
41,550
31
5
37,150
42,050
32
6
37,600
42,550
33
7
38,050
43,050
34
8
38,500
43,550
35
9
38,950
44,050
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10
39,400
44,550
1
11
39,850
45,050
2
12
40,300
45,550
3
13
40,750
46,050
4
14
41,200
46,550
5
15
41,650
47,050; and
6
(4) For the 2022-2023 school year and each school year
7
thereafter:
8
Years of Experience
BA Degree Salary
MA Degree Salary
9
0
$36,000
$40,650
10
1
36,450
41,150
11
2
36,900
41,650
12
3
37,350
42,150
13
4
37,800
42,650
14
5
38,250
43,150
15
6
38,700
43,650
16
7
39,150
44,150
17
8
39,600
44,650
18
9
40,050
45,150
19
10
40,500
45,650
20
11
40,950
46,150
21
12
41,400
46,650
22
13
41,850
47,150
23
14
42,300
47,650
24
15
42,750
48,150.
25
(b)(1) For the 2023-2024 school year, each teacher shall be paid a
26
salary that is at least two thousand dollars ($2,000) greater than his or her
27
current salary as of September 1, 2022.
28
(2) To be eligible for funds to implement the increase under
29
subdivision (b)(1) of this section, a public school district shall:
30
(A) Revise each teacher contract by the 2023-2024 school
31
year to require that each teacher in the public school district is employed
32
at least one hundred ninety (190) school days each year;
33
(B)(i) Not adopt a personnel policy or incorporate terms
34
into a personnel contract that provide more rights to personnel than those
35
provided under state law in effect during the term of the personnel contract.
36
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(ii) This subdivision (b)(2)(B) shall not be
1
interpreted as denying personnel rights provided by other laws, including
2
without limitation due process; and
3
(C) Not have a waiver of teacher salary requirements.
4
(c) To be eligible for funds to implement the salary increases under
5
subsections (a) and (b) of this section, a public school district shall be
6
open for on-site, in-person instruction for at least:
7
(1) One hundred seventy-eight (178) days; or
8
(2) One thousand sixty-eight (1,068) hours.
9
(c)(1)(d) For purposes of the salary schedules requirements described
10
in this section, the teacher's experience is his or her total years'
11
experience as a "teacher" with a valid Arkansas teaching license and teaching
12
at any: means an individual employed by a public school in the State of
13
Arkansas in a full-time position that requires a valid Arkansas teaching
14
license, including without limitation a principal or assistant principal,
15
unless the public school has been issued a waiver by the State Board of
16
Education.
17
(A) Public school accredited by the Division of Elementary
18
and Secondary Education or a nationally recognized accrediting association;
19
(B) Private school within the State of Arkansas accredited
20
by a nationally recognized accrediting association;
21
(C) Institution of higher education within the State of
22
Arkansas accredited by a nationally recognized higher education institution
23
accrediting association; or
24
(D) Any facility operated by the Division of Youth
25
Services or any facility contracting with the Division of Youth Services to
26
provide care for juveniles committed to the Division of Youth Services.
27
(2) A teacher's years of experience shall be based upon:
28
(A) The years in the school district in which the teacher
29
is employed when the salary schedule in this section is considered; and
30
(B) The teacher's years of experience with a valid
31
Arkansas teaching license at an institution in subdivision (c)(1) of this
32
section.
33
(3) For purposes of this section, “years of service” means:
34
(A) Performing the full-time duties of a teacher for a
35
full school year with a valid Arkansas teaching license;
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(B) Years of employment with an Arkansas public school in
1
a full-time position that requires that the teacher have an Arkansas teaching
2
license; or
3
(C) Years of employment in an educational capacity with an
4
institution in subdivision (c)(1)(C) of this section with a valid Arkansas
5
teaching license.
6
(d)(1)(e)(1) The minimum teacher compensation schedule requirements
7
under subsection (b) of this section does do not apply to a part-time teacher
8
or part-time paraprofessional employed by a public school district to work in
9
an adult education program.
10
(2) The minimum teacher compensation schedule for a part-time
11
teacher or part-time paraprofessional employed by a school district to work
12
in an adult education program shall be established by the Adult Education
13
Section and approved by the Director of the Division of Workforce Services.
14
(f)(1) The funds allocated by the General Assembly for additional
15
teacher compensation under this section shall only be used for teacher
16
salaries.
17
(2) To qualify for funding appropriated under this section,
18
public school districts shall:
19
(A)(i) Utilize an amount of state funds equal to eighty
20
percent (80%) or more of the amount allocated for school-level personnel
21
salaries, according to the adequacy funding matrix recommended by the Senate
22
Committee on Education and the House Committee on Education for the previous
23
school year, for teacher salaries and teacher raises.
24
(ii) If meeting the requirement under subdivision
25
(f)(2)(A)(i) of this section would impact student safety or potentially cause
26
a school district to go into fiscal distress under the Arkansas Fiscal
27
Assessment and Accountability Program, § 6-20-1901 et seq., the public school
28
district may apply to the State Board of Education for a waiver from this
29
requirement; and
30
(B)(i) Certify with the Division of Elementary and
31
Secondary Education the number of certified teachers and the certified
32
teachers' current contract salaries for each school year.
33
(ii) A fund shall be created by the Department of
34
Education to hold and distribute revenues authorized by this section for
35
teacher minimum salary levels and teacher raises.
36
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(3) Each public school district shall:
1
(A) Report the total amount of state funds used for
2
teacher salaries to the Division of Elementary and Secondary Education; and
3
(B) Publish the information required under subdivision
4
(f)(3)(A) of this section on the public school district's website.
5
(g) This section shall not be interpreted to limit a public school
6
district from creating a salary schedule for the public school district.
7
(h) The State Board of Education may promulgate rules to implement
8
this subchapter.
9
10
SECTION 36. Arkansas Code § 6-17-2807(g) and (h), concerning a teacher
11
placed in intensive support status under the Teacher Excellence and Support
12
System, are amended to read as follows:
13
(g)(1) Upon review and approval of the documentation, the
14
superintendent may recommend termination or nonrenewal of the teacher's
15
contract.
16
(2) A recommendation for termination or nonrenewal of a
17
teacher's contract under this section shall be made pursuant to the authority
18
granted to a superintendent for recommending termination or nonrenewal under
19
The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.
20
(3)(A)(2) When a superintendent makes a recommendation for
21
termination or nonrenewal of a teacher's contract under this section, the
22
public school shall provide a written notice to the teacher.
23
(B) The notice shall meet the minimum requirements under
24
The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., but is exempt
25
from the provisions of § 6-17-1504(b).
26
(C)(i)(3) If the public school has substantially complied
27
with the requirements of this section, the public school is entitled to a
28
rebuttable presumption that the public school has a substantive basis for the
29
termination or nonrenewal of the teacher's contract under the applicable
30
standard for termination or nonrenewal under The Teacher Fair Dismissal Act
31
of 1983, § 6-17-1501 et seq.
32
(ii) The presumption may be rebutted by the teacher
33
during an appeal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et
34
seq.
35
(h) This section does not preclude a public school superintendent
36
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from:
1
(1) Making a recommendation for the termination or nonrenewal of
2
a teacher's contract for any lawful reason under The Teacher Fair Dismissal
3
Act of 1983, § 6-17-1501 et seq.; or
4
(2) Including in a recommendation for termination or nonrenewal
5
of a teacher's contract under this section any other lawful reason for
6
termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-
7
17-1501 et seq.
8
9
SECTION 37. Arkansas Code Title 6, Chapter 17, is amended to add an
10
additional subchapter to read as follows:
11
Subchapter 29 — Merit Teacher Incentive Fund Program
12
13
6-17-2901. Title.
14
This subchapter shall be known and may be cited as the "Merit Teacher
15
Incentive Fund Program".
16
17
6-17-2902. Definitions.
18
As used in this subchapter:
19
(1) "Mentor" means an individual who meets the requirements
20
established by the State Board of Education to support aspiring teachers who
21
are participating in yearlong residencies; and
22
(2) "Teacher" means a:
23
(A) Licensed classroom teacher who spends at least seventy
24
percent (70%) of his or her contracted time working directly with students in
25
a classroom setting teaching all grade-level or subject-matter appropriate
26
classes;
27
(B) School counselor;
28
(C) Library media specialist; or
29
(D) Aspiring teacher.
30
31
6-17-2903. Merit Teacher Incentive Fund Program — Creation.
32
(a) The Merit Teacher Incentive Fund Program is hereby created to
33
recognize and reward excellent teachers across the State of Arkansas.
34
(b) A teacher deemed eligible under the program shall be rewarded with
35
annual bonuses of no more than ten thousand dollars ($10,000).
36
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(c) The State Board of Education may promulgate rules for the
1
implementation of this program, including without limitation:
2
(1) The administration and methods of distribution of funds
3
under the program;
4
(2) Eligibility requirements; and
5
(3) Timelines and processes for identifying eligible teachers.
6
7
6-17-2904. Teacher eligibility.
8
(a) Eligibility for an award from the Merit Teacher Incentive Fund
9
Program shall include without limitation:
10
(1)(A) A teacher who demonstrates outstanding growth in student
11
performance, as determined by the Division of Elementary and Secondary
12
Education.
13
(B)(i) In determining whether a teacher has demonstrated
14
outstanding growth in student performance, the division shall calculate a
15
value-added growth model score for grades and subjects, where possible.
16
(ii) The division shall develop rules to establish
17
the process and procedure for public school districts to annually report data
18
related to value-added models that includes without limitation:
19
(a) Student test scores; and
20
(b) Prior student performance by subject and
21
school;
22
(2) Teachers serving as mentors to aspiring teachers;
23
(3) Aspiring teachers participating in yearlong residencies;
24
(4) Teachers instructing in subject areas or geographical areas
25
identified as experiencing a critical shortage of teachers, including public
26
schools that have historically been understaffed, as determined by the
27
division; and
28
(5) Other categories as defined by the state board.
29
(b) In determining distribution of funds to a teacher under this
30
section, the division shall consider factors that include without limitation:
31
(1) The poverty level of the school as factored under § 6-17-
32
413; and
33
(2) The designated performance rating of the school under the
34
school rating system, § 6-15-2101 et seq.
35
(c) A teacher who is given intensive support status under the Teacher
36
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Excellence and Support System, § 6-17-2801 et seq., is ineligible for receipt
1
of funds under the program for the school year.
2
3
6-17-2905. Report.
4
(a) The Division of Elementary and Secondary Education shall annually
5
conduct and publish a report on the data under subsection (b) of this section
6
on Arkansas's educator workforce.
7
(b) The report required under subsection (a) of this section shall
8
include without limitation an analysis of:
9
(1) Teacher shortage areas by geographic region, subject area,
10
district, school, and student demographic groups, including consideration for
11
teacher certification status; and
12
(2) The teacher pipeline and retention, including consideration
13
of available teacher training pathways.
14
15
6-17-2906. Rules.
16
The State Board of Education may promulgate rules to implement this
17
subchapter.
18
19
SECTION 38. Arkansas Code § 6-18-227(k), concerning rules adopted by
20
the State Board of Education under the Arkansas Opportunity Public School
21
Choice Act, is amended to read as follows:
22
(k)(1) The state board shall adopt any rules necessary for the
23
implementation of this section under the Arkansas Administrative Procedure
24
Act, § 25-15-201 et seq., including rules pertaining to the consideration of
25
a school district's enrollment capacity.
26
(2) However, the state board shall not establish a numerical net
27
maximum on school choice transfers into or from a public school district,
28
unless required to do so according to an enforceable desegregation court
29
order or a district's court-approved desegregation plan.
30
31
SECTION 39. Arkansas Code § 6-18-1906 is amended to read as follows:
32
6-18-1906. Limitations.
33
(a)(1) If the provisions of this subchapter conflict with a provision
34
of an enforceable desegregation court order or a district's court-approved
35
desegregation plan, either of which explicitly limits the transfer of
36
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students between school districts, the provisions of the order or plan shall
1
govern.
2
(2)(b) Annually by January 1, a school district that claims a
3
conflict under subdivision (a)(1) subsection (a) of this section shall submit
4
proof from a federal court to the Division of Elementary and Secondary
5
Education that the school district has a genuine conflict under an active
6
desegregation order or active court-approved desegregation plan that
7
explicitly limits the transfer of students between school districts.
8
(3)(c)(1) Proof submitted under subdivision (a)(2) subsection
9
(b) of this section shall contain the following:
10
(A) Documentation that the desegregation order or court-
11
approved desegregation plan is still active and enforceable; and
12
(B) Documentation showing the specific language the school
13
district believes limits its participation in the school choice provisions of
14
this subchapter.
15
(4)(A)(2)(A) Within thirty (30) calendar days of receipt of
16
proof under subdivision (a)(2) subsection (b) of this section, the division
17
shall notify the school district whether it is required to participate in the
18
school choice provisions of this subchapter.
19
(B) The division may reject incomplete submissions.
20
(C) If the division does not provide a written exemption
21
to the school district, then the school district shall be required to
22
participate in the school choice provisions of this subchapter.
23
(5)(3) The division shall maintain on its website a list of
24
school districts that are not required to participate in the school choice
25
provisions of this subchapter.
26
(6)(4) The State Board of Education may review a decision of the
27
division upon written petition of the affected school district and may affirm
28
or reverse the decision of the division under the rules promulgated by the
29
state board to implement this subsection.
30
(b)(1)(A) There is established a numerical net maximum limit on school
31
choice transfers each school year from a school district, less any school
32
choice transfers into the school district, under this section of not more
33
than three percent (3%) of the enrollment that exists in the school district
34
as of October 1 of the immediately preceding school year.
35
(B) If the application for a transfer that causes the
36
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school district to meet or exceed the three-percent numerical net maximum
1
limit under subdivision (b)(1)(A) of this section is on behalf of a sibling
2
group, then the school district shall allow all siblings in the sibling group
3
to exercise school choice under this subchapter.
4
(C) A student eligible to transfer to a nonresident
5
district under § 6-15-430(c)(1) [repealed], the Arkansas Opportunity Public
6
School Choice Act, § 6-18-227, § 6-18-233, or § 6-21-812 shall not count
7
against the cap of three percent (3%) of the resident or nonresident
8
district.
9
(2) Annually by December 15, the division shall report to each
10
school district the net maximum number of school choice transfers for the
11
next school year.
12
(3) If a student is unable to transfer due to the limits under
13
this subsection, the resident district shall give the student priority for a
14
transfer in the first school year in which the district is no longer subject
15
to subdivision (b)(1) of this section in the order that the resident district
16
receives notices of applications under § 6-18-1905, as evidenced by a
17
notation made by the district on the applications indicating date and time of
18
receipt.
19
20
SECTION 40. Arkansas Code § 6-18-2004(d), concerning school counselor
21
training required for purposes of comprehensive student services, is amended
22
to read as follows:
23
(d) By September 1, 2024, and every four (4) years following, a school
24
counselor shall receive Youth Mental Health First Aid youth mental health
25
training, as prescribed by the State Board of Education, to learn the risk
26
factors and warning signs of mental health issues in adolescents, the
27
importance of early intervention, and how to help an adolescent who is in
28
crisis or expecting a mental health challenge.
29
30
SECTION 41. Arkansas Code § 6-18-2304(c), concerning eligible taxpayer
31
contributions to the Philanthropic Investment in Arkansas Kids Program Act,
32
is amended to read as follows:
33
(c)(1)(A) The Except as provided by subdivision (c)(1)(B) of this
34
section, the total amount of state income tax credits awarded under this
35
section shall not exceed two million dollars ($2,000,000) six million dollars
36
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($6,000,000) per calendar year.
1
(B)(i) If in any calendar year the total amount of state
2
income tax credits awarded under this section is equal to or greater than
3
ninety percent (90%) of the total amount of state income tax credits that may
4
be awarded, the total amount of state income tax credits that may be awarded
5
in the next calendar year and each subsequent calendar year thereafter shall
6
be the total amount of state income tax credits authorized in the previous
7
calendar year plus five percent (5%).
8
(ii) An increase in the total amount of state income
9
tax credits for subsequent calendar years under subdivision (c)(1)(B)(i) of
10
this section shall be applied to the total amount of state income tax credits
11
authorized in the previous calendar year.
12
(iii) At the beginning of each calendar year, the
13
Department of Finance and Administration shall certify the total amount of
14
state income tax credits that may be awarded in that calendar year.
15
(2) The Tax Credits and Special Refunds Section of the
16
Department of Finance and Administration, or its successor, shall:
17
(A) Award the tax credits on a first-come, first-served
18
basis from the receipts provided to the Tax Credits and Special Refunds
19
Section of the Department of Finance and Administration under § 6-18-2306(3);
20
and
21
(B) Notify the Division of Elementary and Secondary
22
Education when the annual cap under subdivision (c)(1) of this section is
23
met.
24
25
SECTION 42. Arkansas Code Title 6, Chapter 18, is amended to add an
26
additional subchapter to read as follows:
27
Subchapter 25 — Arkansas Children's Educational Freedom Account Program
28
29
6-18-2501. Title.
30
This subchapter shall be known and may be cited as the "Arkansas
31
Children's Educational Freedom Account Program".
32
33
6-18-2502. Creation.
34
There is created the "Arkansas Children's Educational Freedom Account
35
Program".
36
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1
6-18-2503. Definitions.
2
As used in this subchapter:
3
(1) "Account" means an account that is comprised of funds
4
deposited on behalf of a participating student to pay for qualifying
5
educational expenses;
6
(2) "Account funds" means the funds deposited into an account on
7
behalf of a participating student;
8
(3) “Curriculum” means a complete course of study for a
9
particular content area or grade level;
10
(4) “Eligible student” means a resident of the State of Arkansas
11
who is eligible to enroll in a public elementary or secondary school, subject
12
to the timeline and parameters established under §§ 6-18-2506 and 6-18-2507;
13
(5) “Full academic curriculum” means all required core courses,
14
or the equivalent, as are offered in traditional public schools;
15
(6) “Full academic year” means at least one hundred seventy-
16
eight (178) days of instruction or the equivalent number of hours to what is
17
offered in traditional public schools;
18
(7) “Parent” means:
19
(A) A biological or adoptive parent;
20
(B) Legal guardian or custodian;
21
(C) Persons standing in loco parentis to a student; or
22
(D) Another person with legal authority to act on behalf
23
of an eligible student;
24
(8) “Participating school” means a private elementary school or
25
private secondary school that:
26
(A) Offers enrolled students a full academic curriculum
27
and full academic year experience; and
28
(B) Receives payments from Arkansas Children's Educational
29
Freedom Account Program accounts to provide goods and services that are
30
covered as qualifying expenses under this subchapter;
31
(9) “Participating service provider” means a person or an
32
entity, including a participating public or private school, that receives
33
payments from program accounts to provide goods and services that are covered
34
as qualifying expenses under this subchapter;
35
(10) "Participating student" means a student:
36
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(A) Eligible to participate in the program; and
1
(B) For whom an account has been established under this
2
subchapter; and
3
(11) "Qualifying expenses" means:
4
(A)(i) For the 2023-2024 school year, "qualifying
5
expenses" shall include:
6
(a) Tuition;
7
(b) Fees;
8
(c) The cost of testing under this subchapter;
9
and
10
(d) The cost of required school uniforms, if
11
any, at a participating school; and
12
(e) Expenses determined by a participating
13
school to be necessary for the education of a participating student and
14
required to be paid by a participating student who is enrolled in the
15
participating school, including without limitation expenses related to:
16
(1) Supplies;
17
(2) Equipment;
18
(3) Access to technology; and
19
(4) Services provided by or at the
20
participating school.
21
(ii) "Qualifying expenses" shall not mean optional
22
expenses payable to a third party; and
23
(B) Beginning with the 2024-2025 school year and each year
24
thereafter, "qualifying expenses" shall include those listed under
25
subdivision (11)(A) of this section and include the following:
26
(i) Instructional materials required for either in-
27
person or virtual instruction provided by a participating service provider or
28
participating school;
29
(ii) Instructional or tutoring services;
30
(iii) Curriculum;
31
(iv) Supplemental materials or supplies required by
32
a course of study for a particular content area;
33
(v) Fees for:
34
(a) Courses and associated examinations for
35
college credit; and
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(b) Any examination related to postsecondary
1
educational institution admission;
2
(vi) Fees for:
3
(a) Courses and associated examinations for
4
career training; and
5
(b) Any examination required in order to
6
obtain an industry-based credential;
7
(vii) Educational services provided by a licensed or
8
accredited practitioner or participating service provider to a participating
9
student who is a student with a disability;
10
(viii) Fees for account management by participating
11
service providers;
12
(ix)(a) Technological devices used to meet a
13
participating student's educational needs, which shall not include:
14
(1) A television;
15
(2) A video game console or accessory;
16
or
17
(3) Home theater or audio equipment.
18
(b) Technological devices under subdivision
19
(11)(B)(ix)(a) of this section are subject to approval by the Department of
20
Education or a licensed physician;
21
(x) Costs associated with transportation to and from
22
a participating service provider or participating school; and
23
(xi) Any other educational expense approved by the
24
Division of Elementary and Secondary Education.
25
26
6-18-2504. State Board of Education — Rules.
27
(a) The Division of Elementary and Secondary Education shall
28
administer the Arkansas Children's Educational Freedom Account Program under
29
this subchapter, which shall be subject to the rules adopted by the State
30
Board of Education.
31
(b) The rules adopted by the state board under this subchapter shall
32
include without limitation the:
33
(1) Process for determining the eligibility of students and
34
service providers, including the awarding of accounts to eligible students
35
and removal of unnecessary barriers or disincentives to participation by
36
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potential participating service providers;
1
(2)(A) The process for conducting account and program audits,
2
including establishing the authority for the division to conduct or contract
3
for the auditing of accounts.
4
(B) The division shall establish a process for conducting
5
an audit of an entity receiving funds under this subchapter, including:
6
(i) An individual account;
7
(ii) A participating service provider; and
8
(iii) A participating school.
9
(C) At least one (1) time each year, the division shall
10
conduct random audits of the following according to the auditing process
11
established under subdivision (b)(2)(B) of this section:
12
(i) An individual account;
13
(ii) A participating service provider; and
14
(iii) A participating school;
15
(3) Authority of the division to:
16
(A) Deem any participating student ineligible for the
17
program; and
18
(B) Refer a case involving the misuse of account funds for
19
investigation to:
20
(i) The Attorney General; or
21
(ii) The Secretary of the Department of Inspector
22
General;
(4) Authority of the division to contract with a vendor or
23
other supplier for the administration of the program or parts of the program;
24
(5) Requirement that the program shall:
25
(A) Begin enrolling participating students no later than
26
the beginning of the 2023-2024 school year; and
27
(B) Be fully implemented to serve all Arkansas children
28
eligible to enroll in a public school by the beginning of the 2025-2026
29
school year;
30
(6) Establishment or creation of a contract for the
31
establishment of an online anonymous fraud reporting service, including
32
without limitation a telephone hotline;
33
(7) Requirement for a surety bond for a participating service
34
provider that receives more than one hundred thousand dollars ($100,000) in
35
account funds;
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(8) Mechanism for the refunding of payments from service
1
providers back to the account from which they were paid;
2
(9) Required compliance with all state procurement laws and
3
procedures; and
4
(10) A means for preventing unreasonable inflation or fraud in
5
participating school tuition and fees.
6
(c) The following shall be forwarded to Arkansas Legislative Audit:
7
(1) An audit conducted under subdivision (b)(2) of this section
8
that identifies a potential misuse of account funds; and
9
(2) The referral of a case involving the misuse of account funds
10
for investigation to the Attorney General or the Secretary of the Department
11
of Inspector General under subdivision (b)(3)(B) of this section.
12
(d) To ensure that account funds under this subchapter provide for the
13
expansion of access to education options by reducing family financial burdens
14
and are not abused by service providers for financial gain, the state board
15
shall take all necessary action in establishing rules under this subchapter,
16
including without limitation the disqualification of a participating school
17
or a participating service provider.
18
19
6-18-2505. Account funds.
20
(a)(1) The Division of Elementary and Secondary Education shall
21
allocate annually to each participating student's account, from funds
22
appropriated to the Arkansas Children's Educational Freedom Account Fund or
23
otherwise made available for the Arkansas Children's Educational Freedom
24
Account Program, an amount equal to ninety percent (90%) of the prior year's
25
statewide foundation funding allotted per student under § 6-20-2305.
26
(2) For the 2023-2024 school year, a student who is
27
participating in the Succeed Scholarship Program under § 6-41-901 et seq.
28
during the 2022-2023 school year shall continue to receive the scholarship
29
amount awarded to him or her under § 6-41-905.
30
(b)(1) For the 2023-2024 school year, on behalf of participating
31
students enrolled in participating schools or with participating service
32
providers and at the direction of a participating student’s parent, the
33
Department of Education shall make four (4) equal payments in quarterly
34
installments from the participating student’s account to the participating
35
school or participating service provider in which the participating student
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is enrolled for tuition, fees, and costs associated with testing and
1
uniforms.
2
(2) The department may:
3
(A) Contract with a vendor or provider to manage the
4
payment system used for purposes of implementing this subsection (b); and
5
(B) Withhold up to five percent (5%) of funds allocated
6
for each account annually for the administration of the program.
7
(c) For the 2023-2024 school year, if a participating student is
8
enrolled full-time in a participating school or with a participating service
9
provider and the total amount of tuition, fees, testing, and uniform costs is
10
less than the amount determined under subsection (a) of this section, the
11
amount allocated to the student shall be the lesser amount.
12
(d) Account funds shall:
13
(1)(A) Not be refunded, rebated, or shared with a parent or
14
participating student in any manner.
15
(B) Any refund or rebate for goods or services purchased
16
with account funds shall be credited directly to the participating student’s
17
account; and
18
(2) Be used only for qualifying education expenses for a
19
participating student.
20
(e)(1) Beginning with the 2024-2025 school year and each year
21
thereafter, the department shall develop a system for parents to direct
22
account funds to participating schools and participating service providers by
23
electronic funds transfer, automated clearing house transfer, debit card, or
24
another system.
25
(2) The department may:
26
(A) Contract with a vendor or provider, including without
27
limitation a private institution, to manage the payment system used for
28
purposes of implementing this subsection (e); and
29
(B) Withhold up to five percent (5%) of funds allocated
30
for each account annually for the administration of the program.
31
(3) The department shall:
32
(A) Not adopt a payment system under this subsection that
33
relies exclusively on requiring parents to be reimbursed for out-of-pocket
34
expenses; and
35
(B) Ensure a payment system developed under this
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subsection provides maximum flexibility to parents by facilitating direct
1
payments to participating service providers and requests for preapproval of
2
and reimbursements for qualifying expenses.
3
(f)(1) An account shall remain in force, and any unused funds shall
4
roll over from quarter-to-quarter and from year-to-year, until:
5
(A) A parent withdraws his or her participating student
6
from the program;
7
(B) A participating student graduates from high school; or
8
(C) The end of the school year if a participating student
9
turns twenty-one (21) years of age, whichever occurs first.
10
(2) An account shall be closed before an event occurs under
11
subdivision (f)(1) of this section if the State Board of Education finds:
12
(A) A substantial misuse of funds; or
13
(B) That a parent has failed to comply with this
14
subchapter or state board rules governing the program.
15
(3)(A) Any unused funds shall revert to the division and be
16
allocated to fund other accounts.
17
(B)(i) There shall be a maximum amount of funds allowed to
18
remain in each participating student's account.
19
(ii) The state board may establish rules to
20
determine the:
21
(a) Maximum amount of funds allowed under
22
subdivision (f)(3)(B)(i) of this section; and
23
(b) Process by which account funds will be
24
returned to the appropriate fund within the department.
25
(g) Account funds shall not:
26
(1) Constitute taxable income of the parent or the participating
27
student; and
28
(2) Be claimed as a credit, deduction, exemption, or rebate.
29
(h) The division shall create procedures to ensure that a fair process
30
exists to determine whether a participating student is no longer eligible for
31
participation in the program, including without limitation a participating
32
student who is no longer eligible for participation in the program due to his
33
or her failure to demonstrate academic achievement or academic growth.
34
(i)(1) If the division bars a student from participating in the
35
program, it shall notify the participating student and his or her parent of
36
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its decision within three (3) days of its decision.
1
(2) A parent may appeal the division’s decision to bar him or
2
her from receiving payments from accounts to the state board according to
3
rules established by the state board.
4
(j) The state board may promulgate rules to implement this subchapter.
5
6
6-18-2506. Student eligibility — Initial and continuing.
7
(a) A student is initially eligible for an account if the student:
8
(1) Has a parent who is a resident of the State of Arkansas as
9
defined by § 6-18-202;
10
(2) Is eligible to enroll in a public elementary or secondary
11
school in this state; and
12
(3) Meets the following criteria:
13
(A)(i) For the 2023-2024 school year, a student shall be
14
eligible if the student is at least one (1) of the following:
15
(a) A student with a disability identified
16
under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et
17
seq., as it existed on January 1, 2023;
18
(b) A student who is considered homeless under
19
the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it
20
existed on January 1, 2023;
21
(c) A foster child or a former foster child;
22
(d)(1) A student who is currently
23
participating in the Succeed Scholarship Program, § 6-41-901 et seq.
24
(2) A student who is currently enrolled
25
in the Succeed Scholarship Program, § 6-41-901 et seq., and elects to enroll
26
in the Arkansas Children's Educational Freedom Account Program under this
27
subchapter shall continue to receive the scholarship amount awarded to him or
28
her under § 6-41-905;
29
(e) A child of active-duty military personnel,
30
as identified under Title 10 or Title 32 of the United States Code;
31
(f) A student who was enrolled in the previous
32
school year in a:
33
(1) Public school that has a rating of
34
“F” under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or
35
(2) Public school district classified as
36
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in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915; or
1
(g) A student who is enrolling in kindergarten
2
for the first time.
3
(ii)(a) For the 2023-2024 school year, a maximum of
4
one and five-tenths percent (1.5%) of the 2022-2023 total public school
5
student enrollment may be approved to participate in the Arkansas Children's
6
Educational Freedom Account Program.
7
(b) However, the number of students approved
8
to participate in the Arkansas Children's Educational Freedom Account Program
9
under subdivision (a)(3)(A)(ii)(a) of this section shall not exceed the
10
amount of funds made available for the Arkansas Children's Educational
11
Freedom Account Program;
12
(B)(i) For the 2024-2025 school year, student eligibility
13
shall expand to include students who meet at least one (1) of the following:
14
(a) All students who are eligible under
15
subdivision (a)(3)(A) of this section;
16
(b) Students who were enrolled in the prior
17
school year in public schools rated “D” or “F” under §§ 6-15-2105 and 6-15-
18
2106 and state board rules; and
19
(c) Students whose parents are:
20
(1) Veterans as identified under Title
21
38 of the United States Code;
22
(2) In the military reserves;
23
(3) First responders; or
24
(4) Law enforcement officers.
25
(ii)(a) For the 2024-2025 school year, a maximum of
26
three percent (3%) of the 2022-2023 total public school student enrollment
27
may be approved to participate in the Arkansas Children's Educational Freedom
28
Account Program.
29
(b) The number of students approved to
30
participate in the Arkansas Children's Educational Freedom Account Program
31
under subdivision (a)(3)(B)(ii)(a) of this section shall:
32
(1) Include any students who are
33
continuing to participate in the Arkansas Children's Educational Freedom
34
Account Program from the 2023-2024 school year; and
35
(2) Not exceed the amount of funds made
36
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available for the Arkansas Children's Educational Freedom Account Program;
1
and
2
(C)(i) For the 2025-2026 school year and each year
3
thereafter, any resident of this state who is eligible to enroll in a public
4
elementary or secondary school shall be eligible.
5
(ii) Beginning with the 2025-2026 school year, there
6
shall be no limitation on student participation in the Arkansas Children's
7
Educational Freedom Account Program.
8
(b) In any year in which funds are insufficient to fund all
9
applications for new accounts, first priority shall be given to students who
10
are eligible under subdivision (a)(3)(A) of this section, followed by
11
students eligible under subdivision (a)(3)(B) of this section.
12
(c) In any year in which funds are insufficient to fund all continuing
13
accounts, priority shall be given to students who have been in the Arkansas
14
Children’s Educational Freedom Account Program the longest after priority has
15
been given to students identified under subsection (b) of this section.
16
(d) The State Board of Education shall promulgate rules:
17
(1) For the implementation of the Arkansas Children’s
18
Educational Freedom Account Program; and
19
(2) To effectively and efficiently administer the Arkansas
20
Children’s Educational Freedom Account Program, including without limitation:
21
(A) The awarding of funds to participating students;
22
(B) The oversight of the Arkansas Children’s Educational
23
Freedom Account Program; and
24
(C) Any other necessary aspects for the operation of the
25
Arkansas Children’s Educational Freedom Account Program.
26
(e) A participating student may only participate in and receive funds
27
from one (1) of the following:
28
(1) The Arkansas Children’s Educational Freedom Account Program
29
established by this subchapter; or
30
(2) The Philanthropic Investment in Arkansas Kids Program, § 6-
31
18-2301 et seq.
32
(f) The student's parent shall submit an application for an account to
33
the Department of Education in accordance with Arkansas Children’s
34
Educational Freedom Account Program timelines established by the department.
35
(g)(1) The department shall create a standard form that a parent may
36
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submit to establish his or her child's eligibility for the program.
1
(2) The department shall ensure that the standard form required
2
under subdivision (g)(1) of this section is publicly available and may be
3
submitted through various sources, including without limitation the internet.
4
(h)(1) As part of the application, a parent shall sign an agreement
5
promising each of the following without limitation:
6
(A)(i) Not to enroll his or her child full-time in a
7
public school while his or her child is participating in the Arkansas
8
Children’s Educational Freedom Account Program.
9
(ii) However, a participating student may take
10
approved courses at a public school participating as an approved provider;
11
(B) To use account funds only for qualifying expenses of
12
the participating student;
13
(C) To comply with all Arkansas Children’s Educational
14
Freedom Account Program requirements as established by the department
15
according to state board rules; and
16
(D) Beginning with the 2024-2025 school year, in the case
17
of any account used for qualifying educational expenses not associated with
18
full-time enrollment in a participating school or a participating service
19
provider, to agree to provide an education for his or her participating
20
student in at least the subjects of English language arts, mathematics,
21
social studies, and science.
22
(2) The signed agreement required under subdivision (h)(1) of
23
this section shall satisfy the compulsory school attendance requirements of §
24
6-18-201.
25
(i) The division shall:
26
(1) Continue making deposits into a participating student’s
27
account until:
28
(A) The division determines that the participating student
29
is no longer an eligible student;
30
(B) The division determines that there was substantial
31
misuse of account funds, as defined by the state board;
32
(C) A parent or a participating student withdraws from the
33
Arkansas Children’s Educational Freedom Account Program;
34
(D) A participating student enrolls full-time in a public
35
school;
36
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(E) A participating student graduates from high school; or
1
(F) A participating student completes the school year in
2
the year in which he or she turns twenty-one (21) years of age;
3
(2) Provide parents with a written explanation of the:
4
(A) Allowable uses of funds;
5
(B) Responsibilities of parents; and
6
(C) Duties of the division and the role of any private
7
financial management firms or other private organizations that the department
8
may contract with to administer the Arkansas Children’s Educational Freedom
9
Account Program or any aspect of the Arkansas Children’s Educational Freedom
10
Account Program; and
11
(3) Annually fund a participating student’s account as funds are
12
available and in accordance with this law and state board rules.
13
(j)(1) Upon notice to the division, a participating student may choose
14
to stop receiving funds disbursed under this subchapter and enroll full-time
15
in a public school.
16
(2)(A) Enrolling as a full-time student in a public school shall
17
result in the immediate suspension of payment of additional funds into the
18
participating student’s account.
19
(B)(i) However, for accounts that have been open for at
20
least one (1) full academic year, the account shall remain open and active
21
for the parent of a former participating student to make qualifying
22
expenditures to educate the student from funds remaining in the account.
23
(ii) When no funds remain in the former
24
participating student’s account, the division may close the account.
25
(3)(A) If a former participating student decides to return to
26
the Arkansas Children’s Educational Freedom Account Program and is a current
27
eligible student, payments into the former participating student’s existing
28
account may resume if the account is still open and active.
29
(B) A new account may be established if the former
30
participating student’s previous account was closed.
31
(k) The state board and the department may adopt rules to provide the
32
least disruptive process for a participating student who desires to stop
33
receiving funds disbursed under this subchapter and enroll full-time in a
34
public school.
35
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6-18-2507. Participating schools and participating service providers —
1
Eligibility — Participation.
2
(a) To be eligible to participate in the Arkansas Children's
3
Educational Freedom Account Program, a private school shall:
4
(1)(A) Either:
5
(i) Meet accreditation requirements established by
6
the State Board of Education, the Arkansas Nonpublic School Accrediting
7
Association, Inc., or its successor, or another accrediting association
8
recognized by the state board; or
9
(ii) Be an associate member of or have applied for
10
accreditation by the Arkansas Nonpublic School Accrediting Association, Inc.,
11
or its successor, or another accrediting association recognized by the state
12
board.
13
(B) A private school shall no longer be eligible if:
14
(i) The private school has not received
15
accreditation within four (4) years of becoming eligible;
16
(ii) The state board determines, based on
17
information provided by the accrediting association, that the private school
18
is ineligible or unable to continue the accreditation process; or
19
(iii) It becomes impossible for the private school
20
to obtain accreditation within four (4) years.
21
(C) A private school that becomes ineligible under this
22
section shall regain eligibility when the private school receives
23
accreditation and is approved by the state board;
24
(2)(A) Demonstrate fiscal soundness by having been in operation
25
for at least one (1) school year or providing the Department of Education
26
with a statement by a certified public accountant confirming that the private
27
school is insured and the private school has sufficient capital or credit to
28
operate in the upcoming school year.
29
(B) In lieu of a statement provided under subdivision
30
(a)(2)(A) of this section, a surety bond or letter of credit for the amount
31
equal to the account funds needed by the private school for any quarter may
32
be filed with the department;
33
(3) Certify that it will not discriminate on any basis
34
prohibited by 42 U.S.C. § 2000d, as it existed on January 1, 2023;
35
(4) Remain academically accountable to a parent for meeting the
36
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educational needs of his or her participating student;
1
(5) Employ or contract only with teachers who hold at least
2
baccalaureate degrees or have equivalent documented experience;
3
(6) Comply with all applicable state laws and rules governing
4
private schools;
5
(7) Adhere to the tenets of its published disciplinary
6
procedures before expelling a participating student;
7
(8) Meet any other eligibility criteria set by state board
8
rules;
9
(9) Comply with all applicable health and safety laws and rules;
10
(10) Hold valid occupancy of buildings as required by the
11
relevant municipality in which the private school is located;
12
(11) Exclude any individual from employment who may reasonably
13
pose a risk to the appropriate use of funds disbursed under this subchapter;
14
(12) Complete background checks and fingerprinting for any
15
employee working in the private school; and
16
(13) Maintain for audit purposes a background check of all
17
employees.
18
(b)(1) A public school district or open-enrollment public charter
19
school located in the State of Arkansas that previously enrolled a student
20
who is now a participating student under this subchapter shall provide the
21
participating school or participating service provider that has enrolled the
22
student who was previously enrolled in the public school district or open-
23
enrollment public charter school a copy of the participating student's school
24
records to the extent permitted under the provisions of the Family
25
Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as it existed
26
on January 1, 2023.
27
(2) The requirement under subdivision (b)(1) of this section
28
that a public school district or open-enrollment public charter school in
29
which a participating student was previously enrolled be located in the State
30
of Arkansas does not apply to a student currently participating in the
31
Succeed Scholarship Program, § 6-41-901 et seq.
32
(c) By not later than June 30, 2024, the state board shall adopt
33
rules providing for program eligibility for participating service providers
34
that are not participating schools, including without limitation an
35
application process that is executed, at a minimum, annually for the purpose
36
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of determining service provider eligibility.
1
(d) The department shall maintain a list of service providers
2
determined to be eligible to participate in the program and make the list
3
available on the department's website.
4
(e) The department may bar a service provider from accepting payments
5
from accounts and restrict the service provider’s ability to serve additional
6
participating students if the department determines that the participating
7
service provider has:
8
(1) Failed to maintain continuing eligibility criteria
9
established by the state board;
10
(2) Demonstrated a gross or persistent lack of academic
11
competence, as defined by the state board;
12
(3) Intentionally or substantially misrepresented information or
13
failed to refund any overpayments in a timely manner, as defined by the state
14
board; or
15
(4) Routinely failed to provide participating students with
16
promised educational goods or services, as defined by the state board.
17
(f)(1) The department shall create procedures to ensure that a fair
18
process exists to determine whether a participating service provider may be
19
barred from receiving payments from accounts under subsection (e) of this
20
section.
21
(2) If the department bars a participating service provider from
22
receiving payments from accounts under this section, it shall notify parents
23
and participating students of its decision within three (3) days of its
24
decision on the department's website and through attempted individual
25
communications.
26
(3) A participating service provider may appeal the department’s
27
decision to bar it from receiving payments from accounts to the state board.
28
(g) The following may be subject to review and an audit of funds
29
received related to this subchapter and as directed by the state board:
30
(1) A participating service provider; and
31
(2) A participating school.
32
(h) The state board shall promulgate rules to implement this
33
subchapter.
34
35
6-18-2508. Students with disabilities.
36
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The Department of Education shall ensure that parents of students with
1
disabilities identified under the Individuals with Disabilities Education
2
Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023, receive:
3
(1) Notice that participation in the Arkansas Children’s
4
Educational Freedom Account Program is a parental placement under 20 U.S.C. §
5
1412, as it existed on January 1, 2023; and
6
(2) An explanation of the rights that parentally placed students
7
possess under the Individuals with Disabilities Education Act, 20 U.S.C. §
8
1400 et seq., as it existed on January 1, 2023, and any applicable state laws
9
and rules.
10
11
6-18-2509. Testing.
12
(a)(1) Each participating school and participating service provider
13
shall provide for each participating student to annually take an assessment
14
approved by the State Board of Education, which shall include:
15
(A) An examination identified by the state board that is
16
required for students attending public schools; or
17
(B) A state board-approved nationally recognized norm-
18
referenced test or a statewide assessment, which measures, at a minimum,
19
literacy and math.
20
(2)(A) However, a participating student who has an
21
individualized service plan and is determined by a participating private
22
school to need an exemption from standardized testing due to the existence of
23
a significant cognitive disability is not required to take the test required
24
under subdivision (a)(1) of this section.
25
(B) If a student is not required to take the test required
26
under subdivision (a)(1) of this section, a participating private school
27
shall annually make provision for the student to take an alternate assessment
28
approved by the state board or prepare a portfolio that provides information
29
on a student's progress to the student's parent or guardian.
30
(b) For a participating student who is served by a participating
31
service provider that is not a private school that is a participating school
32
during or after the 2024-2025 school year, his or her parent shall provide
33
for his or her child who is a participating student to take an approved
34
examination meeting the standards established under subsection (a) of this
35
section.
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(c)(1) The Department of Education shall develop a process for the
1
collection and aggregate reporting of the results of examinations required
2
under this section, which shall include the public dissemination of the
3
results collected by participating private schools and participating service
4
providers.
5
(2) However, the reporting required under subdivision (c)(1) of
6
this section shall:
7
(A) Not identify any individual student; and
8
(B) Ensure that the summary results of the examinations
9
required under this section are provided to parents of participating
10
students.
11
12
6-18-2510. Reports.
13
(a)(1) Not later than September 30 of each year, the Department of
14
Education shall submit a written report regarding the implementation of the
15
Arkansas Children's Educational Freedom Account Program to the:
16
(A) Legislative Council, or if the General Assembly is in
17
session, the Joint Budget Committee;
18
(B) House Committee on Education; and
19
(C) Senate Committee on Education.
20
(2) The department may contract with an outside entity to
21
compile the report required under subdivision (a)(1) of this section.
22
(b) The report required under subdivision (a)(1) of this section shall
23
include the following information without limitation:
24
(1) The total number of students currently participating in the
25
program;
26
(2) A list of all participating schools and participating
27
service providers;
28
(3) The total student enrollment of each participating school
29
and the percentage of the total enrollment of each school represented by
30
participating students;
31
(4) Aggregated test result data for participating students, from
32
the most recent year available;
33
(5) The percentage of funds used for each type of qualifying
34
expense;
35
(6) An analysis of the program's fiscal impact;
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(7) The retention rates for participating students enrolled in
1
participating schools;
2
(8) The results of a parental satisfaction survey that shall be
3
administered by the department; and
4
(9) Other relevant data as determined by the department.
5
6
6-18-2511. Legal proceedings.
7
(a) There shall be no liability on the part of the Department of
8
Education or the state or of any public school or public school district
9
based on the award of or use of an account under this subchapter.
10
(b) Nothing in this section shall be construed as a waiver of
11
sovereign immunity or any other defenses available to the State of Arkansas.
12
13
SECTION 43. Arkansas Code § 6-20-1909(a)(5), concerning powers of the
14
Commissioner of Elementary and Secondary Education with respect to public
15
school districts in fiscal distress, is amended to read as follows:
16
(5) Waive the application of Arkansas law or the corresponding
17
State Board of Education rules, with the exception of:
18
(A) The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et
19
seq.;
20
(B) The Public School Employee Fair Hearing Act, § 6-17-
21
1701 et seq.;
22
(C)(A) Special education programs as provided in this
23
title;
24
(D)(B) Criminal background checks for employees as
25
provided in this title; and
26
(E)(C) Health and safety codes as established by the State
27
Board of Education and local governmental entities;
28
29
SECTION 44. Arkansas Code Title 6, Chapter 20, is amended to add an
30
additional subchapter to read as follows:
31
Subchapter 27 — Transportation Modernization Grant Program
32
33
6-20-2701. Title.
34
This subchapter shall be known and may be cited as the "Transportation
35
Modernization Grant Program".
36
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1
6-20-2702. Creation.
2
There is established the Transportation Modernization Grant Program
3
for:
4
(1) Public school districts;
5
(2) Open-enrollment public charter schools;
6
(3) Early childhood care and education programs or their local
7
early childhood coordinators; and
8
(4) Cities, towns, or other entities deemed eligible by the
9
Division of Elementary and Secondary Education.
10
11
6-20-2702. Department of Education — Duties — Reports.
12
(a) The Department of Education shall:
13
(1) Develop a modernization grant application and application
14
procedures for the Transportation Modernization Grant Program, including
15
defining which public school districts are rural and remote, that require a
16
grant applicant to explain how the grant applicant would use grant moneys to:
17
(A) Improve access to transportation for students
18
attending a public school district, an open-enrollment public charter school,
19
or a licensed childcare center serving publicly funded students; and
20
(B) Support transportation innovations and efficiency
21
solutions;
22
(2) Make final grant determinations and awards; and
23
(3) Submit an interim report by December 15, 2023, and a final
24
report by June 30, 2024, to the Governor, the President of the Senate, the
25
Speaker of the House of Representatives, and the Secretary of State.
26
(b) The reports required under subdivision (a)(3) of this section
27
shall provide and describe:
28
(1) The best practices used by grant recipients to transport
29
students to public school districts, open-enrollment public charter schools,
30
or licensed childcare centers serving publicly funded students who are
31
located outside of traditional attendance boundaries;
32
(2) A list of the grant recipients and the amounts and purposes
33
of the grants; and
34
(3) The number of children impacted per grant recipient.
35
(c) The department may retain up to five percent (5%) of appropriated
36
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moneys to administer the program.
1
(d) The department shall distribute the modernization grant moneys
2
based on:
3
(1) Demand;
4
(2) The most innovative solutions proposed; and
5
(3) Other relevant criteria as determined by the department.
6
(e)(1) At least twenty-five percent (25%) of grants under this
7
subchapter shall be awarded to support rural and remote public school
8
districts.
9
(2) Subdivision (e)(1) of this section shall not apply if an
10
insufficient number of proposals from qualified rural and remote public
11
school districts is submitted.
12
13
6-20-2703. Transportation Modernization Grant Program grants.
14
The Transportation Modernization Grant Program grants shall be used for
15
the following purposes without limitation:
16
(1) Transportation resource sharing with neighboring public
17
school districts or open-enrollment public charter schools;
18
(2) Developing or contracting with rideshare programs or
19
engaging neighborhood carpool strategies;
20
(3) Developing options for reducing costs and improving
21
efficiencies, including without limitation exploring the use of fleet
22
vehicles or using technology to lead to more efficient routing;
23
(4) Developing options to address personnel shortages or
24
challenges;
25
(5)(A) Funding in lieu of grants given to parents.
26
(B)(i) A public school district or open-enrollment public
27
charter school that uses funding in lieu of grants given to parents under
28
subdivision (5)(A) of this section shall give priority to enrolled students
29
who:
30
(a) Meet the economic eligibility requirements
31
established under the Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq.,
32
as in effect on January 1, 2023, and National School Lunch Act, 42 U.S.C. §
33
1751, as in effect on January 1, 2023, for free or reduced-price lunches; and
34
(b) Are attending a public school district or
35
an open-enrollment public charter school through open enrollment, if such
36
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information is available.
1
(ii) A student who attends a school participating in
2
a community eligibility program is eligible under subdivision (5)(A) of this
3
section;
4
(6) Partnering with school districts and open-enrollment public
5
charter schools and licensed childcare facilities that accept publicly funded
6
students to reevaluate bus routes to decrease ride time for students, with a
7
priority on routes serving elementary and middle school grades;
8
(7) Developing collaborations with public schools, early
9
childhood care and education programs, and community partners to identify
10
solutions to ensure students' safe and effective passage to school and early
11
childhood care and education programs; and
12
(8) Other relevant grant activities as determined by the
13
Division of Elementary and Secondary Education.
14
15
SECTION 45. Arkansas Code § 6-21-811(g)(6), concerning steps the
16
Division of Public School Academic Facilities and Transportation may take
17
when a public school district is classified as being in facilities distress
18
under the Academic Facilities Distress Program, is amended to read as
19
follows:
20
(6) Waive the application of Arkansas law or the corresponding
21
State Board of Education or commission rules, with the exception of:
22
(A) The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et
23
seq.;
24
(B) The Public School Employee Fair Hearing Act, § 6-17-
25
1701 et seq.;
26
(C)(A) Special education programs as provided in this
27
title;
28
(D)(B) Conducting criminal background checks for employees
29
as provided in this title; and
30
(E)(C) Health and safety codes as established by the state
31
board, the commission, and local governmental entities;
32
33
SECTION 46. Arkansas Code § 6-22-105, concerning background checks for
34
registered volunteers at a school, is amended to add additional subsections
35
to read as follows:
36
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(e) If a registered volunteer is in the process of obtaining a
1
coaching certificate or will be working with students in an athletic coaching
2
capacity, the board of directors of an educational entity, as a condition for
3
the registered volunteer’s unsupervised contact with students, shall require
4
the completion of a criminal records check that is equivalent to that
5
required for nonlicensed personnel under § 6-17-414.
6
(f) The superintendent or director of an educational entity or a third
7
party vendor shall report to the state board the name of any person working
8
as a registered volunteer in an athletic coaching capacity who:
9
(1) Has pleaded guilty or nolo contendere to or has been found
10
guilty of any felony or misdemeanor listed in § 6-17-410(b);
11
(2) Has been arrested or charged with any felony or misdemeanor
12
listed in § 6-17-410(b);
13
(3) Has intentionally compromised the validity or security of
14
any student test or testing program administered or required by the Division
15
of Elementary and Secondary Education;
16
(4) Has knowingly submitted falsified information or failed to
17
submit information requested or required by law to the division, the State
18
Board of Education, or Arkansas Legislative Audit; or
19
(5) Has a true report in the Child Maltreatment Central
20
Registry.
21
(g) The failure of a superintendent or director of an educational
22
entity to report information as required by this section may result in
23
sanctions imposed by the state board.
24
(h)(1) If an arrest or charge is reported in accordance with
25
subdivisions (f)(1) or (f)(2) of this section, the division shall indicate in
26
the Arkansas Educator Licensure System that the person’s employment
27
eligibility is pending or under review.
28
(2) Once the criminal case is resolved, the person’s eligibility
29
status will be updated in accordance with division rules.
30
31
SECTION 47. Arkansas Code § 6-23-302(d) and (e), concerning
32
applications for open-enrollment public charter schools, is amended to read
33
as follows:
34
(d)(1)(A) The application may be reviewed and approved by the local
35
school district board of directors of the public school district in which the
36
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proposed open-enrollment public charter school will operate.
1
(B) The applicant may submit to the authorizer for
2
expedited review an application approved by the local school district board
3
of directors under subdivision (d)(1)(A) of this section.
4
(2)(A) However, if the local school district board of directors
5
disapproves the application, the applicant shall have an immediate right to
6
proceed with a written notice of appeal to the authorizer.
7
(B) The authorizer shall hold a hearing within forty-five
8
(45) calendar days after receipt of the notice of appeal or a request for
9
review.
10
(C) All interested parties may appear at the hearing and
11
present relevant information regarding the application.
12
(e)(d) A licensed teacher employed by a public school district in the
13
school year immediately preceding the effective date of a charter for an
14
open-enrollment public charter school operated at a public school facility
15
may not be transferred to or be employed by the open-enrollment public
16
charter school over the licensed teacher's objections.
17
18
SECTION 48. Arkansas Code § 6-23-304(c), concerning the limitation on
19
the number of charters available under the Arkansas Quality Charter Schools
20
Act of 2013, is amended to read as follows:
21
(c)(1)(A) The division, the state board, or a combination of the
22
division and state board may grant no more than a total of twenty-four (24)
23
charters for open-enrollment public charter schools except as provided under
24
subdivision (c)(1)(B) of this section.
25
(B) If the cap on the number of charters available for an
26
open-enrollment public charter school is within two (2) charters of meeting
27
any existing limitation or cap on available open-enrollment charters, the
28
number of available charters shall automatically increase by five (5) slots
29
more than the most recent existing limitation or cap on open-enrollment
30
charters.
31
(C) By March 1 each year, the division shall issue a
32
Commissioner of Elementary and Secondary Education's memo stating the
33
existing limitation on the number of charters available for open-enrollment
34
public charter schools and the number of charters available for open-
35
enrollment public charter schools during the next application cycle.
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(2) An open-enrollment public charter school applicant's school
1
campus shall be limited to a single open-enrollment public charter school per
2
charter except as allowed in subsection (d) of this section.
3
(3) An open-enrollment public charter school shall not open in
4
the service area of a public school district administratively reorganized
5
under § 6-13-1601 et seq., until after the third year of the administrative
6
reorganization.
7
(4)(2) A private or parochial elementary or secondary school
8
shall not be eligible for open-enrollment public charter school status.
9
10
SECTION 49. Arkansas Code § 6-23-307 is amended to read as follows:
11
6-23-307. Renewal of charter.
12
(a) After the initial five-year period of an open-enrollment public
13
charter, the authorizer may renew the open-enrollment public charter on a
14
one-year or multiyear basis, not to exceed twenty (20) years.
15
(b) The State Board of Education shall create an expedited renewal
16
process for open-enrollment public charter schools that meet certain criteria
17
that includes the following without limitation:
18
(1) A school rating that is above the state average based on the
19
most recent results of the Arkansas school rating system established under §§
20
6-15-2105 and 6-15-2106 and state board rules;
21
(2) Demonstration of exceptional academic growth with enrolled
22
students, as defined by the state board; and
23
(3) Adherence to all operational and financial requirements, as
24
defined by the state board.
25
26
SECTION 50. Arkansas Code Title 6, Chapter 23, Subchapter 5, is
27
amended to add an additional section to read as follows:
28
6-23-508. Facilities funding for open-enrollment public charter
29
schools.
30
(a) The Department of Education may:
31
(1) Provide for an open-enrollment public charter school
32
facilities funding program, subject to appropriations by the General
33
Assembly;
34
(2)(A) Contract with a third-party administrator to administer
35
the program established under subdivision (a)(1) of this section.
36
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(B) Funds shall be granted to the third-party
1
administrator to create a revolving loan fund for the purpose of financing
2
open-enrollment public charter school facilities projects under this section;
3
and
4
(3) Establish procedures for administering the fund program
5
established under subdivision (a)(1) of this section.
6
(b) Eligible open-enrollment public charter schools shall be in
7
academic and financial good standing, as determined by the State Board of
8
Education.
9
(c) The state board may promulgate rules to implement this section.
10
11
SECTION 51. Arkansas Code § 6-41-603 is amended to read as follows:
12
6-41-603. Required screening and intervention.
13
(a)(1) A school district shall screen each student in kindergarten
14
through grade two (K-2) and others required by the Division of Elementary and
15
Secondary Education rule using the Dynamic Indicators of Basic Early Literacy
16
Skills (DIBELS) or an equivalent screener grade three (K-3) using a high-
17
quality, evidence-based screener approved by the Division of Elementary and
18
Secondary Education.
19
(2) The screening of students shall be performed with fidelity
20
and include without limitation:
21
(A) Phonological and phonemic awareness;
22
(B) Sound symbol recognition;
23
(C) Alphabet knowledge;
24
(D) Decoding skills;
25
(E) Rapid naming skills; and
26
(F) Encoding skills; and
27
(G) Language comprehension.
28
(3)(A) If the screener under subdivision (a)(1) of this section
29
shows that a student is at risk, or at some risk, then a level I dyslexia
30
screener shall be administered The State Board of Education shall adopt rules
31
to ensure that:
32
(A) All students in kindergarten through grade three (K-3)
33
are screened using a division-approved screener;
34
(B) Consistent interpretation of screening data is used to
35
identify students:
36
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(i) Exhibiting a substantial reading deficit; or
1
(ii) Indicating early signs consistent with
2
characteristics of dyslexia;
3
(C) Students receive early intervention by a trained
4
interventionist; and
5
(D) Student progress is monitored and reported to the
6
parent or legal guardian of a student at least two (2) times each school
7
year.
8
(B) The level I dyslexia screening of a student shall be
9
performed with fidelity and include the components listed under subdivision
10
(a)(2) of this section.
11
(b)(1) The division shall adopt rules to ensure that students will be
12
screened using Dynamic Indicators of Basic Early Literacy Skills (DIBELS) or
13
an equivalent screener: A school district shall screen any student in grades
14
three through twelve (3-12) experiencing difficulty in fluency or spelling as
15
documented by a classroom teacher, a parent or legal guardian of the student,
16
or another individual with knowledge of the student's academic performance.
17
(2) A screening required under subdivision (b)(1) of this
18
section shall be performed with fidelity using information measures of:
19
(A) Oral reading fluency; and
20
(B) Encoding.
21
(3) If a student exhibits deficits in fluency or spelling
22
following a screening under this section, a school district shall administer
23
a level II dyslexia screening as outlined in the Arkansas Dyslexia Resource
24
Guide.
25
(4) The state board shall adopt rules under this subsection to
26
ensure:
27
(A) All students in grades three through twelve (3-12)
28
experiencing difficulty in fluency or spelling are screened using a division-
29
approved screener;
30
(B) Consistent interpretation of screening data is used to
31
identify students exhibiting deficits indicating early signs consistent with
32
characteristics of dyslexia;
33
(C) Students receive early intervention by a trained
34
interventionist; and
35
(D) Student progress is monitored and reported to the
36
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parent or legal guardian of a student at least two (2) times each school
1
year.
2
(1) In kindergarten through grade two (K-2);
3
(2) When a student in kindergarten through grade two (K-2)
4
transfers to a new school and has not been screened;
5
(3) When a student in grade three (3) or higher has difficulty,
6
as noted by a classroom teacher, in:
7
(A) Phonological and phonemic awareness;
8
(B) Sound-symbol recognition;
9
(C) Alphabet knowledge;
10
(D) Decoding skills;
11
(E) Rapid naming skills; and
12
(F) Encoding skills; and
13
(4) When a student from another state enrolls for the first time
14
in Arkansas in kindergarten through grade two (K-2) unless the student
15
presents documentation that the student:
16
(A) Had the screening or a similar screening; or
17
(B) Is exempt from screening.
18
(c)(1) If the initial, level I, or level II dyslexia screening
19
indicates that a student has characteristics of dyslexia, the Response to
20
Intervention (RTI) process shall be used to address the needs of the student.
21
(2)(A)(i) If the level II dyslexia screening conducted by the
22
school district indicates that a student exhibits characteristics of
23
dyslexia, the student shall be provided intervention services.
24
(ii) The level II dyslexia screening shall be
25
completed consistent with the Arkansas Dyslexia Resource Guide.
26
(B) If it is determined that the student has functional
27
difficulties in the academic environment due to characteristics of dyslexia,
28
the necessary accommodations or equipment for the student shall be provided
29
under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and
30
Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131—12165, as
31
they existed on February 1, 2013, if qualified under the applicable federal
32
law.
33
34
SECTION 52. Arkansas Code Title 6, Chapter 41, Subchapter 9, is
35
repealed.
36
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Subchapter 9 — Succeed Scholarship Program
1
6-41-901. Definitions — Establishment — Intent.
2
(a) As used in this subchapter:
3
(1) “Foster care” means the care of a child by a group home or
4
group facility on a twenty-four-hour-a-day basis away from the home of the
5
child's parent or parents;
6
(2) “Foster parent” means the responsible official or officials
7
of a group home or group facility that provides foster care to a child;
8
(3) “Member of the uniformed services” means:
9
(A) An active duty or reserve component member of the
10
United States Army, United States Navy, United States Air Force, United
11
States Marine Corps, United States Space Force, or United States Coast Guard;
12
(B) A member of the National Guard;
13
(C) A member of the National Oceanic and Atmospheric
14
Administration Commissioned Officer Corps; or
15
(D) A member of the active or reserve component of the
16
United States Commissioned Corps of the Public Health Service;
17
(4) “Parent” means a student's parent or foster parent; and
18
(5) “Student with a disability” means students who have been:
19
(A) Identified by a public school district as having a
20
disability consistent with the Individuals with Disabilities Education Act,
21
20 U.S.C. § 1401 et seq.; or
22
(B) Medically diagnosed by a licensed physician as a child
23
with a disability under the Individuals with Disabilities Education Act, 20
24
U.S.C. § 1401(3)(A).
25
(b) The Succeed Scholarship Program is established and intended to
26
provide a scholarship to a private school of choice for:
27
(1) Students in foster care as defined in this section;
28
(2) Students with a disability; or
29
(3) Students who are children of a member of the uniformed
30
services.
31
32
6-41-902. Student eligibility.
33
(a) A parent or legal guardian of a student in this state may apply
34
for a Succeed Scholarship to enroll his or her child in an approved private
35
school in this state if:
36
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(1)(A) The student is currently enrolled in a public school and
1
has attended public school for at least one (1) full academic year.
2
(B) Subdivision (a)(1)(A) of this section does not apply
3
if:
4
(i) The student is a dependent of an active duty
5
member of any branch of the United States Armed Forces; or
6
(ii) The superintendent of the student's resident
7
school district in this state waives the requirement;
8
(2) The student:
9
(A) Is in foster care as defined in § 6-41-901 or has been
10
in the foster care system and achieved permanency through adoption,
11
reunification, or permanent guardianship;
12
(B) Has been identified by a public school district as
13
having a disability consistent with the Individuals with Disabilities
14
Education Act, 20 U.S.C. § 1400 et seq., as evidenced by written notice of
15
the decision from the public school district, or has been medically diagnosed
16
by a licensed physician as a child with a disability under 20 U.S.C. §
17
1401(3)(A);
18
(C) Participated in the Succeed Scholarship Program during
19
the prior school year and has not yet graduated from high school or attained
20
twenty-one (21) years of age; or
21
(D) Is a child of a member of the uniformed services;
22
(3) The student has been accepted for admission into a private
23
school in this state that is eligible to participate in the program;
24
(4) The parent has notified the student's current school
25
district of the request for a scholarship at least sixty (60) days before the
26
date of the first scholarship payment; and
27
(5)(A) For students in foster care, the Department of Human
28
Services approves the student's placement in the private school.
29
(B) The department shall approve the student's placement
30
in the private school if a determination is made that placement in the
31
private school is in the best interest of the student.
32
(b) If a student is accepted to a private school upon the availability
33
of space, a parent or legal guardian shall notify the student's school
34
district at least sixty (60) days before the student enrolls in the private
35
school and receives the first scholarship payment.
36
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(c) The Division of Elementary and Secondary Education shall approve a
1
maximum of twenty (20) scholarships under this subchapter per academic year
2
for students in foster care.
3
(d) For purposes of continuity of educational choice, the program
4
payments made under this subchapter shall remain in effect until a student
5
who is participating in the program returns to a public school district or
6
open-enrollment public charter school, graduates from high school, or attains
7
twenty-one (21) years of age, whichever occurs first.
8
(e) An eligible student who is a child of a member of the uniformed
9
services may receive a scholarship under this subchapter only if funds remain
10
after all eligible students as described by subdivisions (a)(2)(A)-(C) of
11
this section have received a scholarship under this subchapter.
12
13
6-41-903. Private school eligibility.
14
(a)(1) A private school shall notify the Division of Elementary and
15
Secondary Education of its intent to participate in the Succeed Scholarship
16
Program.
17
(2) The notice shall specify the grade levels and services that
18
the private school has available for students with a disability who are
19
participating in the program.
20
(b) The division shall approve a private school as eligible to
21
participate in the program if the private school:
22
(1) Either:
23
(A) Meets the accreditation requirements set by the State
24
Board of Education, the Arkansas Nonpublic School Accrediting Association,
25
Inc., or its successor, or another accrediting association recognized by the
26
state board as providing services to individuals with severe disabilities; or
27
(B)(i) Is an associate member of or has applied for
28
accreditation by the Arkansas Nonpublic School Accrediting Association, Inc.,
29
or its successor, or another accrediting association recognized by the state
30
board as providing services to individuals with severe disabilities.
31
(ii) A private school shall no longer be eligible if:
32
(a) The private school has not received
33
accreditation within four (4) years of becoming eligible under subdivision
34
(b)(1)(B)(i) of this section;
35
(b) The accrediting association determines
36
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that the private school is ineligible or unable to continue the accreditation
1
process; or
2
(c) It becomes impossible for the private
3
school to obtain accreditation within four (4) years.
4
(iii) A private school that becomes ineligible under
5
subdivision (b)(1)(B)(ii) of this section shall regain eligibility when the
6
private school receives accreditation.
7
(iv) A private school that is not fully accredited
8
shall report annually to the state board its progress towards accreditation;
9
(2)(A) Demonstrates fiscal soundness by having been in operation
10
for one (1) school year or providing the division with a statement by a
11
certified public accountant confirming that the private school is insured and
12
the private school has sufficient capital or credit to operate in the
13
upcoming school year.
14
(B) In lieu of a statement, a surety bond or letter of
15
credit for the amount equal to the scholarship funds for any quarter may be
16
filed with the division;
17
(3) Complies with the antidiscrimination provisions of 42 U.S.C.
18
§ 2000d;
19
(4) Meets state and local health and safety requirements;
20
(5) Is academically accountable to the parent or legal guardian
21
for meeting the educational needs of the student;
22
(6) Employs or contracts with teachers who hold baccalaureate or
23
higher degrees;
24
(7) Complies with all state laws and rules governing private
25
schools; and
26
(8) Adheres to the tenets of its published disciplinary
27
procedures before an expulsion of a student receiving a scholarship.
28
(c) The division shall maintain a list of private schools eligible to
29
participate in the program and make the list available on the division's
30
website.
31
(d)(1)(A) An eligible private school shall administer annually or make
32
provisions for a student participating in the program to take a nationally
33
recognized norm-referenced test as established by the state board.
34
(B) A list, in a deidentified format, of students who have
35
taken a nationally recognized norm-referenced test under subdivision
36
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(d)(1)(A) of this section and the students' test results shall be forwarded
1
annually to the state board or its designee.
2
(2)(A) A student who is determined by the private school to need
3
an exemption to standardized testing due to the nature of the student's
4
disability is not required to take the test required under subdivision
5
(d)(1)(A) of this section.
6
(B) A list, in a deidentified format, of students with an
7
exemption to standardized testing under subdivision (d)(2)(A) of this section
8
shall be provided annually to the state board or its designee.
9
(3)(A) An eligible private school shall annually prepare a
10
portfolio that provides information on a student's progress to the student's
11
parent or guardian if a student is exempt from standardized testing as
12
permitted under subdivision (d)(2)(A) of this section.
13
(B) A list, in a deidentified format, of students with
14
portfolios under subdivision (d)(3)(A) of this section and a general summary
15
of the information provided in the portfolios shall be provided annually to
16
the state board or its designee.
17
(4)(A) An eligible private school under this section shall
18
submit annually to the division or its designee, in a deidentified format
19
required by the Bureau of Legislative Research in consultation with the
20
division, a:
21
(i) Report that lists all students who have received
22
a Succeed Scholarship under this subchapter who have been dismissed from the
23
program by the private school;
24
(ii) Report that lists all students who have received
25
a Succeed Scholarship under this subchapter who have voluntarily returned to
26
a traditional public school;
27
(iii) List of foster children who have:
28
(a) Entered the program;
29
(b) Been dismissed from the program; or
30
(c) Been removed from the program by the
31
Department of Human Services;
32
(iv) Report of administrative costs required to
33
implement the program; and
34
(v) Report regarding the demographic data of
35
students who have applied for the Succeed Scholarship under this subchapter
36
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and students who were awarded the Succeed Scholarship under this subchapter,
1
including without limitation the geographic location in the state of the
2
students who are participating in the program.
3
(B) The division shall make information received from
4
eligible private schools under subdivision (d)(4)(A) of this section
5
available to the House Committee on Education and the Senate Committee on
6
Education in a deidentified format specified by the bureau in consultation
7
with the division.
8
(5) All information under this subsection shall be included in
9
the program biennial study under § 6-41-908.
10
(e)(1) The division shall prepare and submit annually or obtain from
11
its designated administrator for the program under this subchapter a report,
12
in a deidentified format required by the bureau in consultation with the
13
division, that indicates the:
14
(A) List of students who have received a Succeed
15
Scholarship under this subchapter;
16
(B) Eligible private school attended by each student who
17
has received a Succeed Scholarship under this subchapter; and
18
(C) Amount of each Succeed Scholarship received by a
19
student under this subchapter.
20
(2) In addition to the report required under subdivision (e)(1)
21
of this section, the division shall make information received from its
22
designated administrator regarding the program under this subchapter
23
available to the House Committee on Education and the Senate Committee on
24
Education through the bureau.
25
26
6-41-904. Responsibilities of scholarship recipients.
27
(a) The parent or legal guardian of a Succeed Scholarship Program
28
recipient shall:
29
(1) Select the private school from the list of private schools
30
eligible to participate in the program that is maintained by the Division of
31
Elementary and Secondary Education;
32
(2) Apply for the scholarship at least sixty (60) days before
33
the date of the first scholarship payment and notify the superintendent of
34
the student's resident school district within five (5) business days of
35
submitting the application;
36
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(3) Fully comply with the parental involvement requirements of
1
the private school unless excused by the school for illness or other good
2
cause;
3
(4) Sign a waiver that releases the State of Arkansas from any
4
legal obligation to provide services or education to the student
5
participating in the program except for funding provided for the program
6
under the rules established by the State Board of Education;
7
(5) Sign a waiver that releases the student's resident school
8
district from any legal obligation to provide services or education to the
9
student participating in the program while the student is not enrolled in the
10
student's resident school district as provided under the rules established by
11
the state board; and
12
(6) Notify the state board or the state board's designee if the
13
student ceases to be enrolled in or regularly attend the private school for
14
any reason.
15
(b) A student participating in the program shall:
16
(1) Attend the private school throughout the school year unless
17
excused by the school for illness or other good cause; and
18
(2) Comply fully with the code of conduct for the private
19
school.
20
(c) The state board may terminate the scholarship of a student if the
21
student or the student's parent or guardian materially fails to comply with
22
the responsibilities under this section.
23
24
6-41-905. Scholarship payments — Funding — Definition.
25
(a) The maximum scholarship available under the Succeed Scholarship
26
Program is the foundation funding amount for the current school year under §
27
6-20-2305.
28
(b)(1) The amount of the scholarship shall be the amount calculated
29
under subsection (a) of this section or the amount of tuition and fees for
30
the private school, whichever is less.
31
(2)(A) As used in this subsection, “tuition and fees” means
32
expenses determined by a private school to be necessary for the education of
33
a student and required to be paid by a student who is enrolled in the private
34
school, including without limitation expenses related to enrollment,
35
supplies, equipment, access to technology, and services.
36
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(B) “Tuition and fees” does not include optional expenses
1
payable to a third party.
2
(c) Scholarship payments shall be disbursed in equal amounts on a
3
monthly basis by the Division of Elementary and Secondary Education or
4
another state agency, person, firm, or corporation designated by the division
5
to administer and disburse funds.
6
(d) Beginning on July 1, 2015, the division shall prepare a budget,
7
including cost estimates and projections so that a separate appropriation can
8
be made for the program for the 2016-2017 school year.
9
(e) The program shall be funded separately from the Public School Fund
10
and other funds or appropriations designated for public schools.
11
(f) The program shall not be funded with county, city, or school
12
district tax revenues.
13
14
6-41-906. Rules and duties.
15
(a)(1) The State Board of Education shall adopt rules and develop
16
notices and other documentation necessary to administer the Succeed
17
Scholarship Program, including without limitation rules concerning the method
18
for applying for a scholarship, that are in the best interest of students.
19
(2)(A) The state board may promulgate rules and develop a
20
process to award scholarships using a lottery selection process if parent
21
applications exceed the number of available scholarships.
22
(B)(i) Twenty (20) scholarships shall be reserved for
23
students in foster care during the initial lottery each year if a lottery
24
selection process is used.
25
(ii) Any remaining scholarships shall be made
26
available to students with a disability through the lottery process if fewer
27
than twenty (20) students in foster care apply for a scholarship and are
28
eligible for a scholarship before the initial lottery.
29
(C) A weighted lottery may only be used when necessary to
30
comply with a:
31
(i) Federal court order; or
32
(ii) Federal administrative order issued by an
33
appropriate federal agency having proper authority to enforce remedial
34
measures necessary to comply with Title VI of the federal Civil Rights Act of
35
1964, Title IX of the federal Education Amendments of 1972, or the Equal
36
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Protection Clause of the Fourteenth Amendment to the United States
1
Constitution.
2
(b) The state board shall not:
3
(1) Become a party to a contract between a participating school
4
and a student's parent or guardian. However, the state board shall make
5
payments to a participating school as long as a student is enrolled and
6
attending the participating school in good standing as required under § 6-41-
7
904; or
8
(2) Make payments to a participating school after the state
9
board is notified from either the participating school or a student's parent
10
or guardian that the student is no longer enrolled or attending the
11
participating school.
12
13
6-41-907. Autonomy of participating schools.
14
(a) A private school that participates in the Succeed Scholarship
15
Program is not considered an agent or instrumentality of the State of
16
Arkansas or a school district.
17
(b) The curriculum and education plan for a student with a disability
18
attending a private school is not subject to the regulatory authority of the
19
State Board of Education.
20
(c) As a condition of continued participation in the program, the
21
state board may require a participating school that is receiving funds from
22
the program to certify on a semiannual basis under oath that a student is and
23
has been enrolled and attending the participating school except for excused
24
absences.
25
26
6-41-908. Succeed scholarship biennial study.
27
(a) The House Committee on Education and the Senate Committee on
28
Education shall conduct biennially a study of the Succeed Scholarship Program
29
under this subchapter to determine the following information without
30
limitation:
31
(1) The number of students currently participating in the
32
program;
33
(2) The number of students currently participating in the
34
program who attended a traditional public school before receiving a Succeed
35
Scholarship;
36
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(3) The number of students currently participating in the
1
program who did not attend a traditional public school before enrolling in a
2
private school upon receipt of a Succeed Scholarship;
3
(4) The number of students who have been dismissed from the
4
program by a private school that is receiving funds through the program;
5
(5) The number of students who attended a private school with a
6
Succeed Scholarship and voluntarily returned to a traditional public school;
7
(6) The number of children in foster care who have entered the
8
program, have been dismissed from the program, or have been removed from the
9
program by the Department of Human Services;
10
(7) The number of private schools receiving Succeed Scholarship
11
funds that are currently accredited by the Arkansas Nonpublic School
12
Accrediting Association, Inc., its successor, or another accrediting
13
association recognized by the State Board of Education;
14
(8) The number of private schools receiving Succeed Scholarship
15
funds that are currently unaccredited but have applied for accreditation to
16
the Arkansas Nonpublic Accrediting Association, Inc., its successor, or
17
another accrediting association recognized by the state board, and where
18
those schools are in the accreditation process;
19
(9) The number of students who are enrolled in the program and
20
who have taken a nationally recognized norm-referenced test and received the
21
test results;
22
(10) The number of students who are enrolled in the program and
23
have been exempted from standardized testing requirements under § 6-41-903;
24
and
25
(11) The number of student portfolios that have been developed
26
for exempt students and a general summary of the information contained in the
27
student portfolios as required under § 6-41-903.
28
(b) In addition to the above information, the House Committee on
29
Education and the Senate Committee on Education shall:
30
(1) Review norm-referenced test results and student portfolios;
31
and
32
(2) Provide comparative data regarding student performance in
33
the program.
34
(c) The House Committee on Education and the Senate Committee on
35
Education shall compile a final report that includes the findings under
36
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subsections (a) and (b) of this section on a biennial basis, with the first
1
report due on March 1, 2020.
2
3
SECTION 53. Arkansas Code Title 6, Chapter 50, Subchapter 1, is
4
amended to add an additional section to read as follows:
5
6-50-105. Workforce reporting and information — Requirements.
6
(a) No later than January 31, 2024, the Department of Education, in
7
partnership with the Department of Commerce and the Division of Workforce
8
Services, shall develop, publish, and maintain a strategic workforce
9
dashboard and related resources that will provide, at a minimum, information
10
to job seekers on:
11
(1) State and regional labor market conditions;
12
(2) Supply and demand of workers;
13
(3) Workforce program outcomes; and
14
(4) Projected employment growth and declines.
15
(b)(1) No later than January 2025, the Department of Education, in
16
partnership with the Department of Commerce and the Division of Workforce
17
Services, shall develop a single mobile-phone-friendly application for the
18
state that enables every job seeker to view the following without limitation:
19
(A) Available jobs in the job seeker's region;
20
(B) Training required for all available jobs; and
21
(C) Where job seekers can obtain required training or
22
certifications that job seekers may not yet have.
23
(2) The application under this subsection may also include the
24
information reported under § 6-60-105.
25
26
SECTION 54. Arkansas Code Title 6, Chapter 60, Subchapter 1, is
27
amended to add an additional section to read as follows:
28
6-60-119. High school course credit.
29
(a) As used in this section:
30
(1) "Advanced Placement examination" means an examination
31
administered through the Advanced Placement Program;
32
(2) "CLEP examination" means an examination administered through
33
the College-Level Examination Program; and
34
(3) "International Baccalaureate Diploma Programme" means the
35
curriculum and examinations leading to an International Baccalaureate Diploma
36
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awarded by the International Baccalaureate.
1
(b) The Division of Higher Education:
2
(1) Shall establish uniform postsecondary criteria for awarding
3
credit to students who have successfully completed the International
4
Baccalaureate Diploma Programme or achieved required scores on one (1) or
5
more CLEP examinations; and
6
(2) May establish uniform postsecondary criteria for awarding
7
credit to students who attain other nationally recognized college-level
8
credentials, including without limitation those attained through:
9
(A) The Cambridge Advanced International Certificate of
10
Education; and
11
(B) Industry-based credentials.
12
13
SECTION 55. Arkansas Code § 6-61-217 is amended to read as follows:
14
6-61-217. Minimum core courses for college and career prep.
15
(a) In order to promote a coordinated system of higher education in
16
Arkansas and to assure ensure an orderly and effective development of each
17
state-supported institution of higher education, the Arkansas Higher
18
Education Coordinating Board, after consultation with the State Board of
19
Education, shall identify a minimum core of high school courses recommended
20
for preparation for college.
21
(b) The Arkansas Higher Education Coordinating Board, in consultation
22
with the State Board of Education, shall deem a career-ready pathway to a
23
diploma to be equivalent to a standard high school diploma.
24
(b)(c) The Arkansas Higher Education Coordinating Board shall
25
communicate this information at least annually to public school
26
superintendents, who shall make copies available each year to public school
27
students enrolled in grades seven through twelve (7-12).
28
(c)(d) The Arkansas Higher Education Coordinating Board may revise the
29
list of high school courses from time to time, as needed.
30
31
SECTION 56. Arkansas Code § 6-81-1606 is amended to read as follows:
32
6-81-1606. Duration — Amount.
33
(a)(1) The State Teacher Education Program shall be used to provide a
34
loan repayment for federal student loans in the amount of:
35
(1) Three thousand dollars ($3,000) six thousand dollars
36
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($6,000) per year for a maximum of three (3) years for a licensed teacher who
1
graduated from a teacher education program after April 2004 and teaches in a
2
public school in this state or successfully completed an alternative educator
3
preparation program after April 2004 and teaches in a public school in the
4
State Teacher Education Program program:
5
(A) In a subject area designated by the Division of Higher
6
Education in consultation with the Division of Elementary and Secondary
7
Education as having a critical shortage of teachers; or and
8
(B) Located in a geographical area of the state designated
9
by the Division of Higher Education in consultation with the Division of
10
Elementary and Secondary Education as having a critical shortage of teachers;
11
and.
12
(2) An additional one thousand dollars ($1,000) per year for a
13
maximum of three (3) years for a licensed teacher who:
14
(A) Is a minority;
15
(B) Either:
16
(i) Graduated from a teacher education program after
17
April 2004; or
18
(ii) Successfully completed an alternative educator
19
preparation program; and
20
(C) Teaches in a public school in this state A licensed
21
teacher who is given intensive support status under the Teacher Excellence
22
and Support System, § 6-17-2801 et seq., shall be ineligible for receipt of
23
funds under the program for the school year.
24
(b) The Division of Higher Education may spend no more than fifty
25
thousand dollars ($50,000) annually for costs associated with the
26
administration of the State Teacher Education Program.
27
(c) The Division of Higher Education shall promulgate rules necessary
28
for the implementation of this subchapter.
29
30
SECTION 57. Arkansas Code Title 6, Chapter 82, is amended to add an
31
additional subchapter to read as follows:
32
Subchapter 22 — Arkansas Teacher Academy Scholarship Program Act
33
34
6-82-2201. Title.
35
This subchapter shall be known and may be cited as the "Arkansas
36
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Teacher Academy Scholarship Program Act".
1
2
6-82-2202. Creation.
3
The Arkansas Teacher Academy Scholarship Program is created under this
4
subchapter.
5
6
6-82-2203. Definitions.
7
As used in this subchapter:
8
(1) "Academy attendee" means an individual who is enrolled in an
9
Arkansas Teacher Academy at an eligible postsecondary institution who is a:
10
(A) Current teacher;
11
(B) Teacher who has graduated from an Arkansas Teacher
12
Academy at an eligible postsecondary institution; or
13
(C) Current student;
14
(2) "Eligible postsecondary institution" means a public or
15
private two-year or four-year institution of higher education that:
16
(A) Offers a postbaccalaureate program that leads to
17
teacher certification; and
18
(B) Has entered into an agreement with the Division of
19
Higher Education for purposes of the Arkansas Teacher Academy Scholarship
20
Program; and
21
(3) "Tuition and fees" means any one (1) of the following
22
charged by an eligible postsecondary institution that is associated with a
23
program of study that is part of the Arkansas Teacher Academy Scholarship
24
Program and that leads to teacher certification:
25
(A) Tuition;
26
(B) Mandatory fees; and
27
(C) Program fees.
28
29
6-82-2204. Arkansas Teacher Academy — Implementation — Purpose.
30
(a) An eligible postsecondary institution shall implement an Arkansas
31
Teacher Academy to incentivize potential and enrolled academy attendees to:
32
(1) Enter the teaching profession; and
33
(2) Commit to teaching in:
34
(A) Arkansas public schools; or
35
(B) Critical shortage areas in Arkansas based on subject
36
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areas or geographical areas.
1
(b) The Division of Higher Education, in consultation with public and
2
private postsecondary institutions, shall develop and implement a centralized
3
administrative process for each Arkansas Teacher Academy, which shall include
4
without limitation the following:
5
(1) A marketing and promotion plan to recruit academy attendees
6
for an Arkansas Teacher Academy;
7
(2) Data collection and reporting;
8
(3) Tracking of postgraduation service requirements;
9
(4) Coordination of induction services;
10
(5) Distribution of moneys in the Arkansas Teacher Academy
11
Scholarship Program Fund between eligible postsecondary institutions;
12
(6) Collection of reimbursements from individuals who fail to
13
meet the service requirements under this subchapter;
14
(7) A process for assessing an academy attendee's ability to
15
repay financial assistance received under this subchapter if the academy
16
attendee who receives financial assistance under this subchapter is
17
physically or mentally unable to fulfill the requirements of an Arkansas
18
Teacher Academy program; and
19
(8) A process for deferring service or repayment required by
20
this subchapter based on factors adopted by the division.
21
22
6-82-2205. Arkansas Teacher Academy — Programs — Eligible
23
postsecondary institution duties.
24
(a) An Arkansas Teacher Academy may include without limitation a new
25
or existing teacher preparation program that utilizes proven, research-based
26
models of best practices that are already being implemented in similar
27
program pathways.
28
(b) An eligible postsecondary institution may:
29
(1) Develop a portfolio of teacher preparation programs to offer
30
as part of its Arkansas Teacher Academy;
31
(2)(A) Give priority to students in grades eleven (11) and
32
twelve (12).
33
(B) However, an eligible postsecondary institution shall
34
not exclude students in grades nine (9) and ten (10) from its Arkansas
35
Teacher Academy; and
36
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(3)(A) Use scholarship funds that exceed the cost of tuition and
1
fees at the eligible postsecondary institution to support its Arkansas
2
Teacher Academy costs.
3
(B) However, if a scholarship awarded to an academy
4
attendee under this subchapter does not cover the eligible postsecondary
5
institution's tuition and fees after an academy attendee receives all other
6
financial gifts, financial aid, and grants, the eligible postsecondary
7
institution shall not charge an academy attendee awarded a scholarship under
8
this subchapter the remaining difference.
9
(c)(1) An eligible postsecondary institution shall develop formal
10
partnerships with Arkansas public schools to build commitments for teacher
11
employment upon an academy attendee's completion of an Arkansas Teacher
12
Academy program.
13
(2) The targeted deployment of academy attendees who are
14
currently teachers who have completed an Arkansas Teacher Academy program
15
shall be based on the:
16
(A) Needs of each public school system;
17
(B) Community that is being served; and
18
(C) Individual skills of each current teacher who has
19
completed an Arkansas Teacher Academy program.
20
(d) A program offered as part of an eligible postsecondary
21
institution's Arkansas Teacher Academy shall include accelerated program
22
models for the following without limitation:
23
(1) Subject areas and geographical areas identified by the
24
Division of Elementary and Secondary Education as experiencing a critical
25
shortage of teachers;
26
(2) An individual seeking postbaccalaureate coursework that
27
results in a professional certification; and
28
(3) A student in a non-education program who seeks to complete
29
one (1) or more teacher preparation courses in order to prepare him or her to
30
receive a teaching certification following his or her graduation.
31
32
6-82-2206. Scholarship — Amount — Academy attendee requirements.
33
(a)(1) An eligible postsecondary institution shall provide to each
34
academy attendee who is enrolled in its Arkansas Teacher Academy an annual
35
scholarship up to the actual cost of the:
36
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(A) Eligible postsecondary institution's tuition and fees
1
for a maximum of:
2
(i) Two (2) academic years or four (4) academic
3
semesters for an academy attendee who is a graduate student enrolled in the
4
Arkansas Teacher Academy at the eligible postsecondary institution;
5
(ii) Four (4) academic years or eight (8) academic
6
semesters for an undergraduate student enrolled in the Arkansas Teacher
7
Academy at the eligible postsecondary institution; and
8
(iii)(a) Two (2) academic years or four (4) academic
9
semesters for a community college student enrolled in the Arkansas Teacher
10
Academy at the eligible postsecondary institution.
11
(b) A student who qualifies under subdivision
12
(a)(1)(A)(iii)(a) of this section shall receive continued eligibility for two
13
(2) additional academic years or four (4) additional academic semesters at a
14
postsecondary institution that is an undergraduate institution; and
15
(B) Obtainment of a teaching license issued by the State
16
Board of Education, including without limitation the actual cost of one (1)
17
exam required for obtaining a teaching license issued by the state board.
18
(2) A scholarship distributed to an academy attendee under
19
subdivision (a)(1) of this section shall be distributed only after all other
20
financial gifts, financial aid, and grants have been received by an Academy
21
attendee enrolled in an Arkansas Teacher Academy at an eligible postsecondary
22
institution.
23
(b) Each academy attendee who is enrolled in an Arkansas Teacher
24
Academy shall:
25
(1)(A) Agree to teach at least one (1) full school year in a
26
public school or in a school that serves primarily public school students
27
with disabilities in the State of Arkansas for each academic year the academy
28
attendee successfully completes and for which the academy attendee receives a
29
scholarship for all or part of his or her tuition and fees.
30
(B) For an academy attendee who teaches and receives the
31
scholarship concurrently, the academy attendee's commitment period to teach
32
in a public school in the State of Arkansas as required under subdivision
33
(b)(1)(A) of this section shall begin after the academy attendee's graduation
34
from an Arkansas Teacher Academy;
35
(2) Reimburse the Division of Higher Education for the:
36
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(A) Total amount of scholarship funds the academy attendee
1
received for tuition and fees for an academic year in which the academy
2
attendee does not successfully complete the academic year in good academic
3
standing; and
4
(B) Proportional amount of the scholarship the academy
5
attendee received for tuition and fees that corresponds to the number of
6
school years the academy attendee agreed to teach in a public school in the
7
State of Arkansas but did not teach in a public school in the State of
8
Arkansas as required under subdivision (b)(1)(A) of this section; and
9
(3) Not include time that the academy attendee is enrolled in a
10
summer term in the calculation of the academy attendee's commitment period to
11
teach in a public school in the State of Arkansas as required under
12
subdivision (b)(1)(A) of this section.
13
14
6-82-2207. Division of Higher Education — Scholarship distribution
15
duties — Reporting requirements.
16
(a) The Division of Higher Education shall:
17
(1) Administer the Arkansas Teacher Academy Scholarship Program
18
Fund; and
19
(2) Establish criteria for distributing scholarships from the
20
fund.
21
(b) On or before March 1, 2024, and each year thereafter, the division
22
shall report to the Joint Budget Committee, or, if the General Assembly is
23
not in session, the Legislative Council, and the Governor's office the
24
following information:
25
(1) The total number of academy attendees enrolled in each
26
eligible postsecondary institution's Arkansas Teacher Academy in the current
27
academic year; and
28
(2) The total number of Arkansas Teacher Academy graduates
29
receiving induction services in the current academic year.
30
(c) On or before September 1, 2024, and each year thereafter, the
31
division shall report to the Governor, President Pro Tempore of the Senate,
32
and Speaker of the House of Representatives, with a copy submitted to the
33
Secretary of State, the following information:
34
(1) The total number of academy attendees enrolled in each
35
eligible postsecondary institution's Arkansas Teacher Academy by year of
36
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college enrollment;
1
(2) The percentage of academy attendees who complete each year
2
of an eligible postsecondary institution's Arkansas Teacher Academy and who
3
plan to continue to the subsequent year, delineated by each teacher
4
preparation program offered by each eligible postsecondary institution as
5
part of the Arkansas Teacher Academy;
6
(3) The number of academy attendees who are currently teachers
7
and who complete a program of study through an eligible postsecondary
8
institution's Arkansas Teacher Academy;
9
(4) The number of academy attendees who are currently teaching
10
in a public school in the State of Arkansas as part of an agreement for
11
receiving a scholarship under this subchapter;
12
(5) The total number of Arkansas Teacher Academy graduates
13
receiving induction services;
14
(6) The number of academy attendees who have defaulted on their
15
obligations under this subchapter and who are in repayment agreements;
16
(7) The number of academy attendees who have deferred repayment
17
agreements;
18
(8) The number of academy attendees who have completed repayment
19
agreements;
20
(9) The methodology for distributing any moneys appropriated for
21
the scholarships distributed under this subchapter to each eligible
22
postsecondary institution and the amounts distributed to each eligible
23
postsecondary institution; and
24
(10) The amount of unused moneys in the fund from the previous
25
fiscal year.
26
(d) The division may promulgate rules to implement this subchapter.
27
28
SECTION 58. Arkansas Code Title 6 is amended to add an additional
29
subtitle to read as follows:
30
SUBTITLE 7
31
EARLY CHILDHOOD CARE AND EDUCATION.
32
33
CHAPTER 86
34
GENERAL PROVISIONS [RESERVED.]
35
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CHAPTER 87
1
UNIFIED EARLY CHILDHOOD CARE AND EDUCATION SYSTEM.
2
3
6-87-101. Early Childhood Care and Education System.
4
(a)(1) There is created within the Department of Education the Office
5
of Early Childhood.
6
(2) The head of the Office of Early Childhood shall report
7
directly to the Secretary of Education or his or her designee.
8
(b) The office shall be responsible for all programs funded through
9
state or federal resources that provide early childhood care or educational
10
services, including without limitation:
11
(1) The Child Care and Development Block Grant Act;
12
(2) State preschool;
13
(3) The Individuals with Disabilities Education Act, Pub. L. No.
14
101-476:
15
(A) Part B for children before Kindergarten; and
16
(B) Part C for infants and toddlers; and
17
(4) The Arkansas Head Start State Collaboration Office.
18
(c) Under § 25-43-105, the administration of the programs under
19
subsection (b) of this section currently overseen by the Division of Child
20
Care and Early Childhood Education shall be transferred to the Office of
21
Early Childhood.
22
(d) The office:
23
(1) Shall serve as the lead agency for the Child Care and
24
Development Block Grant; and
25
(2) May contract with other state agencies, including without
26
limitation the Department of Human Services, to administer certain functions
27
during the transition period established in this section, or in perpetuity.
28
(e) The State Board of Education, through the Department of Education,
29
shall establish a seamless early childhood educational system that is
30
coordinated and integrated across all programs and related state agencies,
31
regardless of public funding source, working cooperatively and
32
collaboratively with the Department of Human Services and the Department of
33
Health.
34
(f) To facilitate the administration of a unified system of early
35
childhood care and education and all classroom seats supported with public
36
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funds, not later than October 1, 2024, the state board, through the
1
Department of Education, shall competitively select and work with local early
2
childhood lead organizations in communities throughout the state to:
3
(1) Support access to early childhood programs;
4
(2) Identify gaps in service;
5
(3) Foster partnerships;
6
(4) Create alignment among the public and private providers and
7
agencies within the community that serve families and children; and
8
(5)(A) Establish a comprehensive, locally supported plan for
9
providing early childhood programs and services within the community.
10
(B) The plans required under subdivision (f)(5)(A) of this
11
section shall address specific responsibilities that include without
12
limitation:
13
(i) Measuring the need for affordable access to
14
quality early childhood care and education for children from birth through
15
age four (4) within the community;
16
(ii) Conducting an unduplicated count of children
17
served through public funds before kindergarten;
18
(iii) Establishing a local, collaborative governing
19
structure for shared decision making;
20
(iv) Identifying shared resources that can support
21
improved access to and quality of early childhood care and education programs
22
for children from birth through age four (4), and determining how resources
23
can be leveraged to maximize the impact of early childhood care and education
24
programs at every age;
25
(v) Coordinating enrollment processes for families;
26
and
27
(vi) Determining how future financial support should
28
be used to expand access to and improve the quality of infant, toddler, and
29
pre-kindergarten classrooms in the region, according to the locally created
30
plan.
31
(g) To facilitate the creation of the Unified Early Childhood Care and
32
Education System, the state board shall:
33
(1) Establish and promulgate a definition of kindergarten
34
readiness aligned with state content standards for elementary and secondary
35
schools;
36
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(2) Create a simple, clear, and understandable uniform
1
accountability system for publicly funded early childhood education programs
2
that includes without limitation a rating indicative of child outcomes;
3
(3)(A) Designate the 2024-2025 school year as a pilot learning
4
year in which practice ratings, which shall not result in any consequences,
5
shall be created for publicly funded sites and the region in which they are
6
included.
7
(B) The practice ratings utilized under subdivision
8
(g)(3)(A) of this section shall allow for a transition for the state and
9
programs from the previous system to the Unified Early Childhood Care and
10
Education System established by this chapter, holding harmless financial and
11
other incentives and consequences and allowing for revisions to the existing
12
timeline without harm to existing providers;
13
(4) In coordination with other state agencies:
14
(A) Reduce any burdensome, unnecessary rules for the
15
licensing of childcare facilities; and
16
(B) Report on the reduction of rules under subdivision
17
(g)(4)(A) of this section to the General Assembly as part of the written
18
report required under subsection (k) of this section;
19
(5) Establish a timeline for the creation and implementation of
20
the Unified Early Childhood Care and Education System administered through
21
local early childhood educational lead organizations that shall be fully
22
implemented by the beginning of the 2026-2027 school year; and
23
(6)(A) Create and publish a parent-friendly website that
24
includes information on locally available schools and centers near their
25
homes.
26
(B) The website required under subdivision (g)(6)(A) of
27
this section shall include without limitation the:
28
(i) Curriculum being taught;
29
(ii) Tuition costs;
30
(iii) Student-teacher ratios; and
31
(iv) Accountability results.
32
(h)(1) The state board, through the Department of Education, may use
33
available, eligible public and private funds to implement new strategies to
34
increase access to and improve the quality of early childhood care and
35
education programs by establishing pilot programs administered by local early
36
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childhood lead organizations, as identified by the state board.
1
(2) The findings from these pilot programs shall be used to
2
inform statewide efforts to improve the effectiveness of local early
3
childhood care and education programs, including without limitation:
4
(A) Supporting businesses to open childcare for employees;
5
and
6
(B) Creating alternative funding models to support access
7
to high-quality, small business childcare options.
8
(i) The state board shall promulgate rules to implement the provisions
9
of this section related to the Unified Early Childhood Care and Education
10
System.
11
(j) Requirements to participate in the Unified Early Childhood Care
12
and Education System shall not apply to early childhood programs that receive
13
public funds solely for food and nutrition assistance.
14
(k)(1) By no later than March 1, 2024, the state board shall submit a
15
written report regarding the status of identification of local early
16
childhood lead organizations and unification of the Unified Early Childhood
17
Care and Education System to the:
18
(A) President Pro Tempore of the Senate;
19
(B) Speaker of the House of Representatives;
20
(C) Senate Committee on Education; and
21
(D) House Committee on Education.
22
(2) The report required under subdivision (k)(1) of this section
23
shall include without limitation any recommendations related to changes in
24
law or administrative rules that are needed to maximize the positive
25
implementation of the Unified Early Childhood Care and Education System by
26
the local early childhood lead organizations.
27
28
6-87-102. Unified Early Childhood Care and Education System
29
stakeholder engagement.
30
(a) By no later than October 1, 2024, and before the transfer of the
31
Division of Child Care and Early Childhood Education from the Department of
32
Human Services to the Department of Education by a cabinet-level department
33
transfer under § 25-43-502, the Secretary of the Department of Education
34
shall engage with early childhood stakeholders to advise the Office of Early
35
Childhood, including without limitation on:
36
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(1) Provision of recommendations on the efficient, effective
1
transition of functions and funds between agencies; and
2
(2) Identification of opportunities to maximize the impact of
3
the Unified Early Childhood Care and Education System for families,
4
providers, and the economy.
5
(b) Stakeholders shall include without limitation the following:
6
(1) Childcare providers, which may include without limitation:
7
(A) Head Start programs;
8
(B) Private childcare providers; and
9
(C) School-based prekindergarten providers;
10
(2) Families with children receiving early care and education
11
services;
12
(3) Experts in early childhood care and education;
13
(4) Experts in early literacy and early numeracy;
14
(5) Business and industry representation;
15
(6) Leadership from the Department of Education and the
16
Department of Human Services; and
17
(7) Relevant advocacy organizations.
18
19
6-87-103. Academic approval.
20
(a) By no later than January 1, 2024, each early learning center
21
approved for licensure by the Department of Education and receiving public
22
funds under this chapter shall:
23
(1) Meet all health and safety standards previously required by
24
the Department of Human Services; and
25
(2)(A) Obtain approval from the department for adherence to the
26
requirements of the Unified Early Childhood Care and Education System
27
established under this chapter regarding kindergarten readiness as determined
28
by the State Board of Education.
29
(B) The department shall base its approval under
30
subdivision (a)(2)(A) of this section on an early learning center's
31
satisfactory participation in the Unified Early Childhood Care and Education
32
System, including without limitation unified accountability and coordinated
33
enrollment, as determined by the state board.
34
(b) The state board shall:
35
(1) Conduct a comprehensive review of all state standards and
36
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rules for all licenses at least every five (5) years; and
1
(2) Provide a public process through which early learning
2
centers may submit specific rules that early educators want reviewed or
3
changed.
4
5
6-87-104. Transition of federal funds for Child Care and Development
6
Block Grant - Department of Education authority to receive federal funds for
7
Child Care and Development Block Grant.
8
(a)(1) Upon transfer of lead agency authority from the Department of
9
Human Services to the Department of Education for the federal Child Care and
10
Development Fund, the Department of Education may accept and direct the
11
disbursement of funds appropriated by any act of the United States Congress
12
and apportioned to the State of Arkansas for use in connection with any Child
13
Care and Development Fund programs.
14
(2)(A) The Department of Education shall deposit all funds
15
received from the United States Government with the Treasurer of State, who
16
shall, subject to legislative appropriation, make disbursements upon the
17
recommendation of the Department of Education.
18
(B) Before the transfer of lead agency authority under
19
subdivision (a)(1) of this section, the Department of Human Services shall
20
seek input and approval from the Department of Education in the development
21
of the federal Child Care and Development Fund State Plan or any amendments
22
to the plan before its submittal to the United States Department of Health
23
and Human Services.
24
(b) The State Board of Education shall:
25
(1) Promulgate rules required to implement the Child Care and
26
Development Fund State Plan; and
27
(2) Develop and implement a state plan in accordance with the
28
rules promulgated under this subsection.
29
(c)(1) Before the transfer of lead agency authority under subdivision
30
(a)(1) of this section, the Department of Human Services and the Department
31
of Education shall enter into a cooperative endeavor agreement to ensure a
32
coordinated and seamless transition that does not interrupt the provision of
33
state services or unduly impact the operation or function of either agency
34
and that is informed by the early childhood stakeholders.
35
(2) The cooperative endeavor agreement required under
36
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subdivision (c)(1) of this section may allow services to be purchased by the
1
Department of Education, including without limitation the following services:
2
(A) Fulfilling grant requirements;
3
(B) Data reporting; and
4
(C) Services to clients.
5
(d) The transition required under this section shall occur in such a
6
manner that is cost neutral to the state.
7
(e) Lead agency authority shall transfer no later than October 1,
8
2023, which shall be established in the cooperative endeavor agreement.
9
(f)(1) The cooperative endeavor agreement required under this section
10
shall be submitted to the Legislative Council for review.
11
(2) As part of administering lead agency authority, the
12
Department of Education may contract existing functions back to the
13
Department of Human Services, subject to legislative review by July 1, 2025.
14
(g) The Department of Education and the Department of Human Services
15
shall coordinate, share appropriate data, and jointly report on any workforce
16
development indicators or priorities associated with early childhood care and
17
education funding programs as they relate to the postsecondary education,
18
training, and employment of beneficiaries who are parents, legal guardians,
19
or persons standing in loco parentis to a student receiving services under
20
this chapter.
21
22
SECTION 59. Arkansas Code § 9-28-113(j)(2), concerning a foster
23
child's placement in a nonpublic school, is amended to read as follows:
24
(2)(A) Except as provided in subdivision (j)(2)(B) of this
25
section, state or federal funding shall not be used for the placement of a
26
foster child in a nonpublic school, including a private, parochial, or home
27
school.
28
(B) The prohibition under subdivision (j)(2)(A) of this
29
section shall not apply to a foster child who receives a Succeed Scholarship
30
under § 6-41-901 et seq an Arkansas Children's Educational Freedom Account
31
Fund under § 6-18-2501 et seq.
32
33
SECTION 60. Arkansas Code § 19-5-304, concerning the Education Fund, is
34
amended to add additional subdivisions to read as follows:
35
(11) CHILD CARE GRANT FUND ACCOUNT.
36
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(A) The Child Care Grant Fund Account shall be used for
1
the Child Care Grant program to consist of general revenues and any other
2
nonfederal funds, as may be appropriated by the General Assembly.
3
(B) Federal reimbursement received by the Department of
4
Education shall be deposited into separate funds on the books of the
5
Treasurer of State; and
6
(12) CHILD CARE AND EARLY CHILDHOOD EDUCATION FUND ACCOUNT.
7
(A) The Child Care and Early Childhood Education Fund
8
Account shall be used for:
9
(i) The maintenance, operation, and improvement
10
required by the Division of Child Care and Early Childhood Education in
11
carrying out those functions, powers, and duties as set out in the Childcare
12
Facility Licensing Act, § 20-78-201 et seq.; and
13
(ii) Carrying out other duties imposed by law upon
14
the Division of Child Care and Early Childhood Education.
15
(B) The Child Care and Early Childhood Education Fund
16
Account shall consist of:
17
(i) Those general revenues as may be provided by
18
law;
19
(ii) Nonrevenue income derived from services
20
provided by the Division of Child Care and Early Childhood Education; and
21
(iii) Any other nonfederal grant-in-aid funds
22
provided by law.
23
24
SECTION 61. Arkansas Code § 19-5-306(10)(A)(xiv), concerning the Child
25
Care Grant program funded by the Department of Human Services Grants Fund
26
Account, is repealed.
27
(xiv) Child Care Grant.
28
29
SECTION 62. Arkansas Code § 19-5-306(12), concerning the Child Care
30
and Early Childhood Education Fund Account, is repealed.
31
(12) Child Care and Early Childhood Education Fund Account.
32
(A) The Child Care and Early Childhood Education Fund
33
Account shall be used for the maintenance, operation, and improvement
34
required by the Division of Child Care and Early Childhood Education in
35
carrying out those functions, powers, and duties as set out in the Childcare
36
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Facility Licensing Act, § 20-78-201 et seq., or other duties imposed by law
1
upon the Division of Child Care and Early Childhood Education.
2
(B) The Child Care and Early Childhood Education Fund
3
Account shall consist of:
4
(i) Those general revenues as may be provided by law;
5
(ii) Nonrevenue income derived from services provided
6
by the Division of Child Care and Early Childhood Education; and
7
(iii) Any other nonfederal grant-in-aid funds
8
provided by law; and
9
10
SECTION 63. Arkansas Code Title 19, Chapter 5, Subchapter 12, is
11
amended to add additional sections to read as follows:
12
19-5-1277. Arkansas Children's Educational Freedom Account Fund.
13
(a) There is created on the books of the Treasurer of State, the
14
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
15
fund to be known as the "Arkansas Children’s Educational Freedom Account
16
Fund".
17
(b)(1) Notwithstanding any other provisions of law, for fiscal year
18
2024 and each fiscal year thereafter, in addition to all other amounts
19
required under the Arkansas Children's Educational Freedom Account Program,
20
the Department of Education shall include in its annual budget request
21
submitted under § 19-4-301 et seq., and the Governor shall include in each
22
recommendation submitted to the General Assembly under § 19-4-201, an
23
appropriation to the Department of Education, Division of Elementary and
24
Secondary Education, for the greater of an amount not less than two percent
25
(2%) of:
26
(A) Net public school enrollment adjusted for state
27
foundation funding aid purposes; or
28
(B) The total number of eligible program applications
29
received by the division, if available, multiplied by the prior year's
30
statewide net foundation funding aid allotted per student.
31
(2) The amount appropriated under subdivision (b)(1) of this
32
section shall be transferred by the division to the fund to be used solely to
33
meet the obligations required under the program, except as otherwise provided
34
in this section.
35
(3) The Governor shall include a recommendation, as required
36
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under § 19-4-201, that the total amount of funds appropriated to the division
1
that was not transferred to the fund during the previous fiscal year due to
2
an accumulated balance from previous fiscal years as provided under
3
subsection (c) of this section be reappropriated for the subsequent fiscal
4
year.
5
(c) Each fiscal year, the amount required to be requested and
6
recommended for appropriation under subsection (b) of this section shall be
7
reduced by the sum of:
8
(1) Any unused, accumulated amounts transferred to the fund due
9
to the requirements under this subsection from previous years; and
10
(2) Any unused appropriations made to the department due to the
11
requirements under this subsection that were not transferred to the fund due
12
to an accumulated balance from previous years.
13
14
19-5-1278. Literacy Tutoring Grant Fund.
15
(a) There is created on the books of the Treasurer of State, the
16
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
17
fund to be known as the “Literacy Tutoring Grant Fund”.
18
(b) The fund shall consist of:
19
(1) Moneys obtained from private or public grants, gifts, or
20
donations that are designated to be credited to the fund; and
21
(2) Any other funds authorized or provided by law.
22
(c) The fund shall be used by the Division of Elementary and Secondary
23
Education to create and maintain a literacy tutoring grant program fund under
24
the Right to Read Act, § 6-17-429.
25
(d) Moneys remaining in the fund at the end of each fiscal year shall
26
carry forward and be made available for the purposes stated in this section
27
in the next fiscal year.
28
29
19-5-1279. Arkansas Teacher Academy Scholarship Program Fund.
30
(a) There is created on the books of the Treasurer of State, the
31
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
32
fund to be known as the "Arkansas Teacher Academy Scholarship Program Fund".
33
(b) The fund shall consist of funds authorized or provided by law.
34
(c) The fund shall be used by the Division of Higher Education to
35
create and maintain the Arkansas Teacher Academy Scholarship Program Act, §
36
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6-82-2201 et seq., which shall include only the following expenses:
1
(1) Reimbursing an eligible postsecondary institution for
2
Arkansas Teacher Academy scholarships distributed under the Arkansas Teacher
3
Academy Scholarship Program Act, § 6-82-2201 et seq., that cover the balance
4
of tuition and fees for undergraduate, graduate, and postbaccalaureate
5
students who are enrolled in the academy after all other financial gifts,
6
financial aid, and grants have been received by academy attendees enrolled in
7
an academy at eligible postsecondary institutions;
8
(2) Supporting academy attendees who are currently employed by a
9
public school district in the state;
10
(3) Conducting induction services for academy graduates; and
11
(4)(A) Implementing a marketing and promotion plan to recruit
12
and retain students and teachers in the academy with particular emphasis on:
13
(i) Prioritizing academy attendees who reflect the
14
diversity of the state's student and teacher population; and
15
(ii) Administering the academy.
16
(B) However, annual expenditures for funds expended under
17
subdivision (c)(4)(A) of this section shall not exceed three percent (3%) of
18
moneys in the fund each fiscal year.
19
(d) Moneys remaining in the fund at the end of each fiscal year may be
20
used by an eligible postsecondary institution for academy costs in the next
21
fiscal year.
22
23
19-5-1280. Teacher Minimum Salary and Raise Fund.
24
(a) There is created on the books of the Treasurer of State, the
25
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
26
fund within the Public School Fund to be known as the “Teacher Minimum Salary
27
and Raise Fund”.
28
(b) The fund shall consist of:
29
(1) Moneys obtained from private or public grants, gifts, or
30
donations that are designated to be credited to the fund; and
31
(2) Any other moneys authorized or provided by law.
32
(c) The fund shall be used by the Department of Education to maintain
33
and distribute revenue authorized under § 6-17-2403 for teacher minimum
34
salary levels and teacher raises.
35
(d) Moneys remaining in the fund at the end of each fiscal year shall
36
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carry forward and be made available for the purposes stated in this section
1
in the next fiscal year.
2
3
19-5-1281. Merit Teacher Incentive Fund.
4
(a) There is created on the books of the Treasurer of State, the
5
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
6
fund within the Public School Fund to be known as the “Merit Teacher
7
Incentive Fund”.
8
(b) The fund shall consist of:
9
(1) Moneys obtained from private or public grants, gifts, or
10
donations that are designated to be credited to the fund; and
11
(2) Any other funds authorized or provided by law.
12
(c) The fund shall be used by the Division of Elementary and Secondary
13
Education to create and maintain the Merit Teacher Incentive Fund Program
14
moneys.
15
(d) Moneys remaining in the fund at the end of each fiscal year shall
16
carry forward and be made available for the purposes stated in this section
17
in the next fiscal year.
18
19
SECTION 64. Arkansas Code § 20-38-102(a)(2)(C), concerning criminal
20
history records checks, is amended to read as follows:
21
(C) The licensing or certifying agency shall share the
22
information obtained from the criminal history records check and the national
23
criminal history records check only with employees of the Department of Human
24
Services or the Department of Education who have an official business reason
25
to see the information.
26
27
SECTION 65. Arkansas Code § 20-38-112(e)(1), concerning exclusions from
28
criminal history records checks, is amended to read as follows:
29
(1) With the exception of applicants and employees qualified
30
under § 20-38-105(d)(3), an employment determination and the criminal history
31
records check used to make the determination for an applicant or employee of
32
a service provider shall be fully acceptable and transferrable upon request
33
between the following divisions and offices of the Department of Education or
34
the Department of Human Services:
35
(A) The Division of Child Care and Early Childhood
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Education for a childcare facility or church-exempt childcare facility;
1
(B) The Division of Developmental Disabilities Services
2
for an Alternative Community Services Waiver Program provider, an early
3
intervention provider, or a nonprofit community program; and
4
(C) The Office of Long-Term Care for a long-term care
5
facility licensed as an intermediate care facility for individuals with
6
developmental disabilities.; and
7
(D) The Department of Human Services for an entity
8
licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.
9
10
SECTION 66. Arkansas Code § 20-78-503(a), concerning the Arkansas Child
11
Care Facilities Loan Guarantee Trust Fund, is amended to read as follows:
12
(a)(1) There is established a cash fund account of the Division of
13
Child Care and Early Childhood Education of the Department of Human Services
14
Education to be known as the “Arkansas Child Care Facilities Loan Guarantee
15
Trust Fund”. This
16
(2) The cash fund account is to established under subdivision
17
(a)(1) of this section shall be maintained:
18
(A) Maintained in one (1) or more financial institutions
19
of the state; and shall be administered
20
(B) Administered in accordance with this subchapter.
21
22
SECTION 67. Arkansas Code § 20-78-606(e), concerning rules for criminal
23
history records checks, is amended to read as follows:
24
(e) The Division of Child Care and Early Childhood Education of the
25
Department of Human Services Education shall establish by rule requirements
26
for registry records checks for:
27
(1) An applicant for licensure or exemption from licensure as a
28
service provider;
29
(2) An applicant for employment with a service provider; and
30
(3) An employee of a service provider.
31
32
SECTION 68. Arkansas Code § 25-10-102(a)(7), concerning the
33
organization of the Department of Human Services, is repealed:
34
(7) The Division of Child Care and Early Childhood Education;
35
and
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1
SECTION 69. Arkansas Code § 25-43-502(a), concerning state entities
2
transferred to the Department of Education, is amended to add additional
3
subdivisions to read as follows:
4
(17) The Division of Child Care and Early Childhood Education,
5
created under § 20-78-205;
6
(18) The Child Care Appeal Review Panel, defined in § 20-78-202;
7
and
8
(19) The Arkansas Early Childhood Commission, created under §
9
20-78-501.
10
11
SECTION 70. Arkansas Code § 25-43-902(a)(8), concerning state entities
12
transferred to Department of Human Services, is repealed:
13
(8) The Division of Child Care and Early Childhood Education,
14
created under § 20-78-205;
15
16
SECTION 71. DO NOT CODIFY. CABINET-LEVEL TRANSFER.
17
(a) The Division of Child Care and Early Childhood Education of the
18
Department of Human Services, created under § 20-78-205, is transferred to
19
the Department of Education by a cabinet-level department transfer under §
20
25-43-101 et seq.
21
(b) Except as provided in subsection (d) of this section, a cabinet-
22
level department transfer under subsection (a) of this section includes all
23
state entities under the division, including without limitation an office,
24
program, or other unit of the division.
25
(c) Except as provided in subsection (d) of this section, the division
26
shall otherwise continue to exercise the duties of the division under the
27
administration of the cabinet-level Department of Education in the same
28
manner as before the transfer of the division.
29
(d)(1) It is the specific intent of the General Assembly that the
30
Department of Human Services retain and continue to exercise all stated
31
statutory authority, powers, duties, and functions of the division regarding
32
entities licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et
33
seq.
34
(2) It is the specific intent of the General Assembly that the
35
Department of Human Services retain all revenue, property, records,
36
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employees, unexpended balances of state appropriations or state allocations,
1
and functions of budgeting and purchasing of the division regarding entities
2
licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.
3
4
SECTION 72. DO NOT CODIFY. Severability. If any provision of this
5
act or the application of this act to any person or circumstance is held
6
invalid, the invalidity shall not affect other provisions or applications of
7
this act that can be given effect without the invalid provision or
8
application, and to this end, the provisions of this act are declared
9
severable.
10
11
SECTION 73. EMERGENCY CLAUSE.
12
(a) It is found and determined by the General Assembly of the State of
13
Arkansas that the provision of educational services to children in the State
14
of Arkansas impacts the public peace, health, and safety through its effect
15
upon student learning, which is critical for the future success of the state;
16
that the act amends substantial portions of the Arkansas Code as it pertains
17
to prekindergarten through grade twelve (preK-12) education in the State of
18
Arkansas; that these amendments are extensive and will require new rules and
19
procedures to be developed to implement the changes; that many of the changes
20
to the Arkansas Code will require that certain procedures are put in place
21
before the beginning of the 2023-2024 school year; that this act is
22
immediately necessary in order to give local public school districts time to
23
update school district policies to account for changes created by this act to
24
provide necessary educational services; and that this act is immediately
25
necessary in order to give the Department of Education time to promulgate
26
rules necessary to implement this act to provide necessary educational
27
services. Therefore, an emergency is declared to exist, and Sections 1-6, 8,
28
11-21, 23-31, 35, 37-42, 44, 46-57, and 59 of this act being immediately
29
necessary for the preservation of the public peace, health, and safety shall
30
become effective on:
31
(1) The date of its approval by the Governor;
32
(2) If the bill is neither approved nor vetoed by the Governor,
33
the expiration of the period of time during which the Governor may veto the
34
bill; or
35
(3) If the bill is vetoed by the Governor and the veto is
36
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overridden, the date the last house overrides the veto.
1
(b) It is found and determined by the General Assembly of the State of
2
Arkansas that this act transfers a division within the Department of Human
3
Services to the Department of Education under Sections 58, 60-62, and 64-70
4
of this act; that the cabinet-level transfer revises the duties of the
5
Division of Child Care and Early Childhood Education as it currently exists
6
within the Department of Human Services; that the cabinet-level department
7
transfer impacts the expenses and operations of state government; and that it
8
is necessary for the protection of the health, welfare, and safety of
9
children who are affected by the division's programs and services that this
10
cabinet-level department transfer occur at the beginning of the next fiscal
11
year to coincide with the budgeting functions of the Department of Human
12
Services and Department of Education and ensure continuity of services; that
13
Section 63 of this act creates new funds to be administered by the Department
14
of Education; that the funds created to implement various provisions of this
15
act must correspond to the beginning of the 2024 fiscal year in order to
16
maintain the provision of education-related services, which is vital for
17
Arkansas children in public schools. Therefore, an emergency is declared to
18
exist, and Sections 58 and Sections 60-70 of this act being necessary for the
19
preservation of the public peace, health, and safety shall become effective
20
on July 1, 2023.
21
(c) It is found and determined by the General Assembly of the State of
22
Arkansas that Sections 7, 9-10, 22, 32-34, 36, 43, and 45 concern The Teacher
23
Fair Dismissal Act of 1983, § 6-17-1501 et seq., and the Public School
24
Employee Fair Hearing Act, § 6-17-1701 et seq.; that these provisions of law
25
directly affect existing public school employees who are employed by public
26
school districts under written annual contracts; that public school
27
employees' written annual contracts are in effect through the end of the
28
current school year; that in order to avoid affecting current public school
29
employees' contracts with public school districts, these provisions of law
30
must go into effect on a certain date, which corresponds with the end of the
31
2022-2023 school year and the beginning of the 2023-2024 school year; that
32
provisions of this act are immediately necessary to ensure that contracts
33
entered into between public school districts and public school employees for
34
the upcoming 2023-2024 school year, which are currently being negotiated,
35
account for the correct provisions of state law in order to provide essential
36
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educational services to public school students in kindergarten through grade
1
twelve (K-12) in the State of Arkansas and ensure that public school
2
districts are in compliance with current statutory requirements concerning
3
the provision of educational and related services to public school children.
4
Therefore, an emergency is declared to exist, and Sections 7, 9-10, 22, 32-
5
34, 36, 43, and 45 of this act being necessary for the preservation of the
6
public peace, health, and safety shall become effective on June 30, 2023.
7
8
/s/B. Davis
9
10
11
APPROVED: 3/8/23
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