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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Stricken language would be deleted from and underlined language would be added to present law. *TNL248* 2/20/2023 4:09:50 PM TNL248 State of Arkansas 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 (12) EDUCATION IN THE STATE 27 OF ARKANSAS; TO DECLARE AN EMERGENCY; AND 28 TO DECLARE AN EMERGENCY. 29 30 31 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 32 33 SECTION 1. DO NOT CODIFY. Title. 34 This act shall be known and may be cited as the "LEARNS Act". 35 36 SB294 2 2/20/2023 4:09:50 PM TNL248 SECTION 2. Arkansas Code § 6-10-128(d)(1), concerning school resource 1 officer training requirements, is amended to read as follows: 2 (d)(1) Sworn, nonsupervisory law enforcement personnel, including 3 without limitation school resource officers, who are assigned to a public 4 school campus during the instructional day or employed by a public school 5 district shall: 6 (A) Within eighteen (18) months of being assigned or 7 employed by the public school district: 8 (i)(a) Complete a forty-hour basic school resource 9 officer training program developed and provided, or approved, by the Arkansas 10 Center for School Safety of the Criminal Justice Institute. 11 (b) The training required under subdivision 12 (d)(1)(A)(i)(a) of this section shall include without limitation: 13 (1) The roles and responsibilities of 14 school resource officers in public schools; 15 (2) Laws that are specific to public 16 schools and students in public schools; and 17 (3) Adolescent behavior and development; 18 and 19 (ii)(a) Obtain certification in Youth Mental Health 20 First Aid Attend a training in youth mental health as required by the State 21 Board of Education. 22 (b) Youth Mental Health First Aid 23 certification shall be maintained and renewed The youth mental health 24 training required under subdivision (d)(1)(A)(ii)(a) of this section shall be 25 obtained every four (4) years if the school resource officer remains assigned 26 to or employed by a public school district; 27 (B)(i) Within five (5) years after receiving the initial 28 basic school resource officer training program, complete a sixteen-hour 29 school resource officer refresher training developed and provided, or 30 approved, by the Arkansas Center for School Safety of the Criminal Justice 31 Institute. 32 (ii) The school resource officer refresher training 33 required under subdivision (d)(1)(B)(i) of this section shall be completed 34 every five (5) years; and 35 (C)(i) Annually complete twelve (12) hours of public 36 SB294 3 2/20/2023 4:09:50 PM TNL248 school-specific continuing education developed and provided, or approved, by 1 the Arkansas Center for School Safety of the Criminal Justice Institute. 2 (ii) The Youth Mental Health First Aid The youth 3 mental health training required under subdivision (d)(1)(A)(ii) of this 4 section and the school resource officer refresher training required under 5 subdivision (d)(1)(B) of this section shall count towards the twelve (12) 6 hours of public school-specific continuing education required under 7 subdivision (d)(1)(C)(i) of this section in the years during which the Youth 8 Mental Health First Aid youth mental health and school resource officer 9 refresher trainings are completed. 10 11 SECTION 3. Arkansas Code § 6-11-105(a), concerning powers and duties of 12 the State Board of Education, is amended to add an additional subdivision to 13 read as follows: 14 (13) Administer the state’s early learning and education system, 15 which shall include the administration of: 16 (A) Relevant rules related to administering funding, 17 licensing, standards, and program requirements; 18 (B) Quality rating and improvement initiatives; and 19 (C) Streamlining and burden reduction for families and 20 providers. 21 22 SECTION 4. Arkansas Code § 6-13-620(5), concerning the power of a 23 school district board of directors to employ staff, is amended to read as 24 follows: 25 (5)(A) Employ staff, including: 26 (i)(a) A a superintendent and an assistant 27 superintendent of schools to oversee the day-to-day operations of the school 28 district. 29 (b)(B) A superintendent shall be evaluated 30 annually or no less often than before any extension of his or her employment 31 contract. 32 (c)(C) Superintendents and assistant 33 superintendents may be employed under contract terms and conditions that 34 incorporate all elements prescribed by the State Board of Education; and 35 (ii)(a) School district employees under 36 SB294 4 2/20/2023 4:09:50 PM TNL248 initial written employment contracts in the form prescribed by the State 1 Board of Education, not including day-to-day substitutes. 2 (b) The employment contract shall: 3 (1) State the duration of employment, 4 specific duties of the employee and the annual salary or hourly wage of the 5 employee and projected annual earnings in the case of nonexempt employees 6 under applicable state and federal law; and 7 (2) Incorporate all personnel policies 8 adopted by June 30 to be in effect on July 1 of the following employee 9 contract year, subject to the requirements and exceptions contained in §§ 6- 10 17-204 and 6-17-205. 11 (B) Copies of initial written employment contracts and 12 renewed written employment contracts issued in accordance with §§ 6-17-1506 13 and 6-17-1703 shall be distributed as follows: 14 (i) One (1) copy to be given to the employee; 15 (ii) One (1) copy to be retained by the school 16 district board of directors; and 17 (iii) One (1) copy to be retained by the school 18 district's treasurer or bookkeeper; 19 20 SECTION 5. Arkansas Code § 6-13-635(b)(1)(B), concerning a resolution 21 approved by a school district board of directors for an increase in salary of 22 five percent (5%) or more of a public school district employee, is amended to 23 read as follows: 24 (B) The resolution shall include the reasons for the 25 salary increase, which may include without limitation: 26 (i) A bonus that is not added to the employee's 27 salary; 28 (ii) An incentive bonus provided: 29 (a) For National Board for Professional 30 Teaching Standards certification under § 6-17-413; 31 (b) To a certified speech-language pathologist 32 under § 6-17-413; 33 (c) For teacher recruitment or retention in 34 high-priority school districts under § 6-17-811; 35 (d)(c) To a master principal under § 6-17- 36 SB294 5 2/20/2023 4:09:50 PM TNL248 1603; or 1 (e)(d) Under another specific provision of 2 law; or 3 (iii) An increase in salary received as a result of 4 the school district employee moving into a new position with substantially 5 different job functions. 6 7 SECTION 6. Arkansas Code Title 6, Chapter 13, Subchapter 6, is amended 8 to add an additional section to read as follows: 9 6-13-636. Authority to make school personnel hiring and placement 10 decisions. 11 (a)(1) Each local public school district board of directors shall 12 adopt policies for and establish procedures that require a public school 13 district superintendent to consult with teachers employed by the public 14 school district before making any decisions regarding the hiring or placement 15 of a principal at the public school in which the teachers are employed. 16 (2) Recommendations made by teachers under subdivision (a)(1) of 17 this section shall not be binding on the superintendent, but shall be 18 considered by the superintendent when making employment decisions within the 19 public school district. 20 (b)(1) Each public school district superintendent and public school 21 principal shall make all employment-related decisions based upon the 22 following, as applicable to the specific position for which the public school 23 district superintendent and public school principal are hiring: 24 (A) Performance; 25 (B)(i) Effectiveness. 26 (ii) Effectiveness shall be used as the primary 27 criterion for making personnel decisions; and 28 (C) Qualifications. 29 (2) However, seniority and tenure shall not be used as the 30 primary criterion when making decisions regarding the hiring, assignment, or 31 dismissal of public school teachers and other public school employees. 32 (c)(1) Each public school district shall ensure that its reduction in 33 force plan, as defined under § 6-17-2407, is aligned with all state laws, 34 including without limitation subsection (b) of this section. 35 (2) To ensure compliance as required under subdivision (c)(1) of 36 SB294 6 2/20/2023 4:09:50 PM TNL248 this section, each public school district shall submit to the Division of 1 Elementary and Secondary Education its reduction in force plan each time it 2 is updated, including without limitation updates regarding: 3 (A) Staff positions that are to be eliminated; 4 (B) Staff performance and effectiveness metrics applicable 5 to each specific position; and 6 (C) Any other general or specific change made to the 7 reduction in force plan. 8 (d) A public school district employee employment contract shall: 9 (1) State the: 10 (A) Duration of employment; 11 (B) Specific duties of the employee; 12 (C) Annual salary or hourly wage of the employee; and 13 (D) Projected annual earnings in the case of nonexempt 14 employees under applicable state and federal law; and 15 (2)(A) Incorporate all personnel policies adopted by June 30 to 16 be in effect on July 1 of the following employee contract year, subject to 17 the requirements and exceptions contained in §§ 6-17-204 and 6-17-205. 18 (B) Copies of initial written employment contracts and 19 renewed written employment contracts shall be distributed as follows: 20 (i) One (1) copy to be given to the employee; 21 (ii) One (1) copy to be retained by the school 22 district superintendent or his or her designee; and 23 (iii) One (1) copy to be retained by the school 24 district's treasurer or bookkeeper. 25 26 SECTION 7. Arkansas Code § 6-13-808(i), concerning the Arkansas 27 Traveling Teacher Program, is repealed. 28 (i) An agreement for traveling teacher services under this section is 29 not governed by or subject to the provisions of The Teacher Fair Dismissal 30 Act of 1983, § 6-17-1501 et seq. 31 32 SECTION 8. Arkansas Code § 6-15-1303 is amended to read as follows: 33 6-15-1303. Safe Schools Initiative Act. 34 (a)(1) A public school district or open-enrollment public charter 35 school shall conduct a comprehensive school safety audit assessment every 36 SB294 7 2/20/2023 4:09:50 PM TNL248 three (3) years to assess the safety, security, accessibility, and emergency 1 preparedness of district buildings and grounds in collaboration with local 2 law enforcement, fire, and emergency management officials. 3 (2)(A) A comprehensive school safety audit assessment shall be 4 conducted by more than one (1) individual, including at least one (1) 5 individual who is not assigned to the facility being audited assessed, if the 6 audit assessment is conducted by district personnel. 7 (B) A comprehensive school safety audit assessment shall 8 include without limitation an audit assessment of the following: 9 (i) Safety and security of the site and exterior of 10 buildings; 11 (ii) Access control; 12 (iii) Safety and security of the interior of 13 buildings; 14 (iv) Monitoring and surveillance, including without 15 limitation type and extent; 16 (v) Communication and information security; 17 (vi) Review of emergency operation plans; and 18 (vii) School climate and culture. 19 (3) The initial comprehensive school safety audit assessment 20 shall be conducted by August 1, 2024. 21 (4) The Division of Elementary and Secondary Education shall 22 promulgate rules specifying how the completion of the audit assessment and 23 confirmation of collaboration with local law enforcement and emergency 24 management officials shall be verified. 25 (b)(1) A public school district or open-enrollment public charter 26 school shall conduct an annual lockdown drill for a possible threat on campus 27 at each school in the public school district or open-enrollment public 28 charter school. 29 (2) As part of the public school district or open-enrollment 30 public charter school's planning for lockdown drills, the public school 31 district or open-enrollment public charter school shall: 32 (A) Assess the plan and ability of the public school 33 district or open-enrollment public charter school to prevent and respond to a 34 threat on campus; 35 (B) Identify the roles and responsibilities of each 36 SB294 8 2/20/2023 4:09:50 PM TNL248 individual when an emergency occurs; 1 (C) Discuss the logistics of responding to an emergency on 2 the school campus; 3 (D) Identify areas in which the emergency operation plan 4 of the school may require modification, if necessary; and 5 (E) Collaborate with local law enforcement, fire, and 6 emergency management officials. 7 (3) The Division of Elementary and Secondary Education shall 8 promulgate rules describing how the completion of the drills and confirmation 9 of collaboration with local law enforcement, fire, and emergency management 10 officials shall be verified. 11 (c)(1) On or before October 1, 2021, a public school shall provide 12 current floor plans and pertinent emergency contact information to 13 appropriate first responders. 14 (2) Public school administration shall provide updated 15 information annually and when substantial building modifications or changes 16 are made. 17 (3) Information provided under this subsection is not a public 18 record and is not available for public inspection. 19 (4) The Division of Elementary and Secondary Education shall 20 promulgate rules describing how public school compliance with subdivisions 21 (c)(1) and (2) of this section will be verified. 22 (d)(1) Subject to continued appropriation and funding for this 23 purpose, the Arkansas Center for School Safety of the Criminal Justice 24 Institute shall assist the Division of Elementary and Secondary Education in 25 building the capacity of educators, leaders, and law enforcement 26 professionals to meet the safety needs of children in public schools in this 27 state. 28 (2) The Arkansas Center for School Safety of the Criminal 29 Justice Institute shall promote and support school safety statewide and shall 30 provide school safety training, education, and resources for school, school 31 district, and law enforcement personnel. 32 (3)(A) The Arkansas Center for School Safety of the Criminal 33 Justice Institute shall be the state school safety clearinghouse and shall 34 collaborate with the following entities to provide a comprehensive, 35 efficient, and effective resource for education and law enforcement personnel 36 SB294 9 2/20/2023 4:09:50 PM TNL248 to obtain training and technical assistance to meet the school safety needs 1 of students in this state: 2 (i) The Division of Elementary and Secondary 3 Education; 4 (ii) The Safe Schools Committee established under 5 this subchapter; 6 (iii) The Arkansas Association of Educational 7 Administrators; 8 (iv) The Arkansas School Boards Association; 9 (v) Education service cooperatives; 10 (vi) The Division of Emergency Management; 11 (vii) The Arkansas Public School Resource Center, 12 Inc.; and 13 (viii) Other key stakeholders. 14 (B) The Division of Elementary and Secondary Education 15 shall collaborate actively with the Arkansas Center for School Safety of the 16 Criminal Justice Institute and shall promote the training and resources 17 provided by the Arkansas Center for School Safety of the Criminal Justice 18 Institute to public school district or open-enrollment public charter school 19 staff. 20 (C) The training provided by the Arkansas Center for 21 School Safety of the Criminal Justice Institute may include without 22 limitation the training and education needed to assist a public school or 23 private school in: 24 (i) Developing prevention strategies and enhancing 25 existing emergency response plans for campus security and safety issues; 26 (ii) Addressing public safety and legal topics such 27 as drugs and alcohol abuse, sexual assault, dating violence, bullying and 28 cyber-bullying cyberbullying, human trafficking, gangs, preventing the 29 possession of weapons by minors, and responding to the threat of weapons at 30 school; 31 (iii) Conducting school safety audits assessments; 32 (iv) Cooperating effectively with law enforcement 33 officers, school resource officers, and other school safety personnel, in the 34 school setting; and 35 (v) Other relevant school safety topics, 36 SB294 10 2/20/2023 4:09:50 PM TNL248 initiatives, and programs. 1 (4) Annual training and emergency response drills may be 2 conducted during the instructional day or during noninstructional time 3 periods as determined by the school district. 4 (e) Subject to an appropriation and funding for this purpose, each 5 public school, in collaboration with the school district, may install 6 communications equipment that is interoperable with the Arkansas Wireless 7 Information Network system. 8 (f)(1) A public school district or open-enrollment public charter 9 school shall have a school safety expert review and advise on architectural 10 plans for a public school facility before the new construction of the public 11 school facility. 12 (2) The requirements for a school safety expert shall be 13 established by the Commission for Arkansas Public School Academic Facilities 14 and Transportation by rule. 15 (g) To promote school safety, the Department of Education shall: 16 (1) Work with organizations, including without limitation the 17 following: 18 (A) Readiness and Emergency Management for Schools (REMS) 19 Technical Assistance Center (TA); and 20 (B) The National Training and Technical Assistance Center 21 in order to develop a customized, state-level school bus safety initiative 22 for use by public school districts, open-enrollment public charter schools, 23 and transportation offices; 24 (2)(A) Make crisis response training available to school 25 personnel and other key stakeholders throughout the state. 26 (B) The department shall ensure all public school 27 districts and open-enrollment public charter schools receive relevant 28 training information required under subdivision (g)(2)(A) of this section in 29 a timely manner; and 30 (3) Conduct an analysis to determine how the Arkansas State 31 Fusion Center may be more effectively utilized to: 32 (A) Receive and disseminate information pertaining to 33 threats against public schools; and 34 (B) Provide timely and relevant information to public 35 schools and other appropriate entities pertaining to school safety. 36 SB294 11 2/20/2023 4:09:50 PM TNL248 (h) Each public school district and open-enrollment public charter 1 school shall support student mental health on a timeline to be established by 2 the department by: 3 (1) Supporting access to training in youth mental health for all 4 school personnel who interact with students; 5 (2) Requiring all school staff to complete mental health 6 awareness training; and 7 (3) Establishing a behavioral threat assessment team, which 8 shall: 9 (A) Follow best practices for team composition and 10 process; and 11 (B) Require that all team members receive basic and 12 advanced behavioral threat assessment training through the Arkansas Center 13 for School Safety of the Criminal Justice Institute or another organization 14 or entity approved by the state board. 15 (i) Each public school district and open-enrollment public charter 16 school shall work with law enforcement to improve school safety and security 17 by: 18 (1) Developing plans to increase the presence of uniformed law 19 enforcement on all public school campuses at all times when school staff and 20 children are attending class or during a major extracurricular activity; 21 (2)(A) Providing to school resource officers, commissioned 22 school security officers, and institutional law enforcement officers regular 23 specialized training, including specific training on roles and 24 responsibilities associated with each position. 25 (B) Responsibilities of school resource officers, 26 commissioned school security officers, and institutional law enforcement 27 officers shall not include involvement with student disciplinary action; and 28 (3) Implementing and expanding strategies to promote reporting, 29 which shall include anonymous reporting of: 30 (A) Suspicious activity and behavior; and 31 (B) Threats. 32 (j) Each public school district and open-enrollment public charter 33 school shall promote student security and safety by: 34 (1) Forming District Safety and Security Teams to review 35 district emergency operations plans and security policies and procedures; 36 SB294 12 2/20/2023 4:09:50 PM TNL248 (2)(A) Conducting annually a comprehensive school safety 1 assessment that is reviewed by the public school district board of directors 2 and administration or an open-enrollment public charter school's governing 3 body. 4 (B) The comprehensive school safety assessment required 5 under subdivision (j)(2)(A) of this section shall: 6 (i) Be solely for the purpose of ensuring student 7 safety; and 8 (ii) Not be a public record and not be available for 9 public inspection under the Freedom of Information Act of 1967, § 25-19-101 10 et seq.; 11 (3) Training school nurses and staff in efforts that enhance the 12 emergency medical response within public schools, including without 13 limitation: 14 (A) Training concerning opioid overdose; and 15 (B) Bleeding control training; 16 (4) Establishing and maintaining a comprehensive, common 17 communication plan to be utilized by: 18 (A) School officials; 19 (B) Students; 20 (C) Parents, legal guardians, or persons standing in loco 21 parentis to a student; 22 (D) Law enforcement; and 23 (E) Other relevant stakeholders; 24 (5) Establishing systems that enable direct communication with 25 local, law-enforcement, which may include without limitation: 26 (A) Emergency alert systems; 27 (B) Radios for school officials that are programmed with 28 law enforcement frequencies; and 29 (C) School camera systems that can be accessed in real 30 time by law enforcement; and 31 (6) Reviewing and updating cybersecurity policies and procedures 32 annually. 33 34 SECTION 9. Arkansas Code § 6-15-2610 is amended to read as follows: 35 6-15-2610. Construction with other state law. 36 SB294 13 2/20/2023 4:09:50 PM TNL248 To the extent that the provisions of this subchapter or the terms of an 1 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: 20 (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. 36 SB294 14 2/20/2023 4:09:50 PM TNL248 (iii) The division shall collect and publish 1 aggregated public school district, open-enrollment public charter school, and 2 overall state literacy screener results annually by October 1; 3 (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 SB294 15 2/20/2023 4:09:50 PM TNL248 (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 SB294 16 2/20/2023 4:09:50 PM TNL248 (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 SB294 17 2/20/2023 4:09:50 PM TNL248 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 SB294 18 2/20/2023 4:09:50 PM TNL248 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 SB294 19 2/20/2023 4:09:50 PM TNL248 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 SB294 20 2/20/2023 4:09:50 PM TNL248 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 SB294 21 2/20/2023 4:09:50 PM TNL248 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 SB294 22 2/20/2023 4:09:50 PM TNL248 (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 SB294 23 2/20/2023 4:09:50 PM TNL248 (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 SB294 24 2/20/2023 4:09:50 PM TNL248 (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 SB294 25 2/20/2023 4:09:50 PM TNL248 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 SB294 26 2/20/2023 4:09:50 PM TNL248 (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 SB294 27 2/20/2023 4:09:50 PM TNL248 (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 SB294 28 2/20/2023 4:09:50 PM TNL248 (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 SB294 29 2/20/2023 4:09:50 PM TNL248 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 36 SB294 30 2/20/2023 4:09:50 PM TNL248 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 36 SB294 31 2/20/2023 4:09:50 PM TNL248 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. 36 SB294 32 2/20/2023 4:09:50 PM TNL248 (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 36 SB294 33 2/20/2023 4:09:50 PM TNL248 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 36 SB294 34 2/20/2023 4:09:50 PM TNL248 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 SB294 35 2/20/2023 4:09:50 PM TNL248 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; 36 SB294 36 2/20/2023 4:09:50 PM TNL248 (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 SB294 37 2/20/2023 4:09:50 PM TNL248 (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 SB294 38 2/20/2023 4:09:50 PM TNL248 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 SB294 39 2/20/2023 4:09:50 PM TNL248 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 SB294 40 2/20/2023 4:09:50 PM TNL248 (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 SB294 41 2/20/2023 4:09:50 PM TNL248 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 SB294 42 2/20/2023 4:09:50 PM TNL248 (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 SB294 43 2/20/2023 4:09:50 PM TNL248 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 SB294 44 2/20/2023 4:09:50 PM TNL248 (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 SB294 45 2/20/2023 4:09:50 PM TNL248 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 SB294 46 2/20/2023 4:09:50 PM TNL248 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 SB294 47 2/20/2023 4:09:50 PM TNL248 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 SB294 48 2/20/2023 4:09:50 PM TNL248 (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 SB294 49 2/20/2023 4:09:50 PM TNL248 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 SB294 50 2/20/2023 4:09:50 PM TNL248 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 SB294 51 2/20/2023 4:09:50 PM TNL248 (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 SB294 52 2/20/2023 4:09:50 PM TNL248 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 SB294 53 2/20/2023 4:09:50 PM TNL248 (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 SB294 54 2/20/2023 4:09:50 PM TNL248 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 SB294 55 2/20/2023 4:09:50 PM TNL248 (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 36 SB294 56 2/20/2023 4:09:50 PM TNL248 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 SB294 57 2/20/2023 4:09:50 PM TNL248 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 SB294 58 2/20/2023 4:09:50 PM TNL248 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 36 SB294 59 2/20/2023 4:09:50 PM TNL248 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 SB294 60 2/20/2023 4:09:50 PM TNL248 (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 SB294 61 2/20/2023 4:09:50 PM TNL248 (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 SB294 62 2/20/2023 4:09:50 PM TNL248 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 SB294 63 2/20/2023 4:09:50 PM TNL248 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 SB294 64 2/20/2023 4:09:50 PM TNL248 (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 SB294 65 2/20/2023 4:09:50 PM TNL248 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 SB294 66 2/20/2023 4:09:50 PM TNL248 (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 SB294 67 2/20/2023 4:09:50 PM TNL248 (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 SB294 68 2/20/2023 4:09:50 PM TNL248 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 SB294 69 2/20/2023 4:09:50 PM TNL248 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. 36 SB294 70 2/20/2023 4:09:50 PM TNL248 (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 SB294 71 2/20/2023 4:09:50 PM TNL248 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 SB294 72 2/20/2023 4:09:50 PM TNL248 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 SB294 73 2/20/2023 4:09:50 PM TNL248 (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 SB294 74 2/20/2023 4:09:50 PM TNL248 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 SB294 75 2/20/2023 4:09:50 PM TNL248 (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 SB294 76 2/20/2023 4:09:50 PM TNL248 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 SB294 77 2/20/2023 4:09:50 PM TNL248 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 SB294 78 2/20/2023 4:09:50 PM TNL248 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 SB294 79 2/20/2023 4:09:50 PM TNL248 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 SB294 80 2/20/2023 4:09:50 PM TNL248 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 SB294 81 2/20/2023 4:09:50 PM TNL248 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 SB294 82 2/20/2023 4:09:50 PM TNL248 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 SB294 83 2/20/2023 4:09:50 PM TNL248 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 SB294 84 2/20/2023 4:09:50 PM TNL248 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 SB294 85 2/20/2023 4:09:50 PM TNL248 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 SB294 86 2/20/2023 4:09:50 PM TNL248 (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 SB294 87 2/20/2023 4:09:50 PM TNL248 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 SB294 88 2/20/2023 4:09:50 PM TNL248 (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 SB294 89 2/20/2023 4:09:50 PM TNL248 (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 SB294 90 2/20/2023 4:09:50 PM TNL248 “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 SB294 91 2/20/2023 4:09:50 PM TNL248 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 SB294 92 2/20/2023 4:09:50 PM TNL248 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 SB294 93 2/20/2023 4:09:50 PM TNL248 (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 SB294 94 2/20/2023 4:09:50 PM TNL248 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 SB294 95 2/20/2023 4:09:50 PM TNL248 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 SB294 96 2/20/2023 4:09:50 PM TNL248 (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 SB294 97 2/20/2023 4:09:50 PM TNL248 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 SB294 98 2/20/2023 4:09:50 PM TNL248 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 SB294 99 2/20/2023 4:09:50 PM TNL248 (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 SB294 100 2/20/2023 4:09:50 PM TNL248 (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 SB294 101 2/20/2023 4:09:50 PM TNL248 (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 SB294 102 2/20/2023 4:09:50 PM TNL248 (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 SB294 103 2/20/2023 4:09:50 PM TNL248 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 SB294 104 2/20/2023 4:09:50 PM TNL248 (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 SB294 105 2/20/2023 4:09:50 PM TNL248 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 SB294 106 2/20/2023 4:09:50 PM TNL248 (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 SB294 107 2/20/2023 4:09:50 PM TNL248 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 SB294 108 2/20/2023 4:09:50 PM TNL248 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 SB294 109 2/20/2023 4:09:50 PM TNL248 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: 36 SB294 110 2/20/2023 4:09:50 PM TNL248 (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 SB294 111 2/20/2023 4:09:50 PM TNL248 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 SB294 112 2/20/2023 4:09:50 PM TNL248 (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 SB294 113 2/20/2023 4:09:50 PM TNL248 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 SB294 114 2/20/2023 4:09:50 PM TNL248 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 SB294 115 2/20/2023 4:09:50 PM TNL248 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 SB294 116 2/20/2023 4:09:50 PM TNL248 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 SB294 117 2/20/2023 4:09:50 PM TNL248 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 SB294 118 2/20/2023 4:09:50 PM TNL248 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 SB294 119 2/20/2023 4:09:50 PM TNL248 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 SB294 120 2/20/2023 4:09:50 PM TNL248 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 SB294 121 2/20/2023 4:09:50 PM TNL248 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 SB294 122 2/20/2023 4:09:50 PM TNL248 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 SB294 123 2/20/2023 4:09:50 PM TNL248 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 SB294 124 2/20/2023 4:09:50 PM TNL248 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 SB294 125 2/20/2023 4:09:50 PM TNL248 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 36 SB294 126 2/20/2023 4:09:50 PM TNL248 (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 SB294 127 2/20/2023 4:09:50 PM TNL248 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 SB294 128 2/20/2023 4:09:50 PM TNL248 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 SB294 129 2/20/2023 4:09:50 PM TNL248 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 SB294 130 2/20/2023 4:09:50 PM TNL248 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 SB294 131 2/20/2023 4:09:50 PM TNL248 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 SB294 132 2/20/2023 4:09:50 PM TNL248 (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 SB294 133 2/20/2023 4:09:50 PM TNL248 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 SB294 134 2/20/2023 4:09:50 PM TNL248 (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 SB294 135 2/20/2023 4:09:50 PM TNL248 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. 36 SB294 136 2/20/2023 4:09:50 PM TNL248 (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 36 SB294 137 2/20/2023 4:09:50 PM TNL248 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 36 SB294 138 2/20/2023 4:09:50 PM TNL248 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. 36 SB294 139 2/20/2023 4:09:50 PM TNL248 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 36 SB294 140 2/20/2023 4:09:50 PM TNL248 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 SB294 141 2/20/2023 4:09:50 PM TNL248 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 SB294 142 2/20/2023 4:09:50 PM TNL248 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 SB294 143 2/20/2023 4:09:50 PM TNL248 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 SB294 144 2/20/2023 4:09:50 PM TNL248 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

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Stricken language would be deleted from and underlined language would be added to present law. Act 237 of the Regular Session *TNL248* 02-27-2023 11:55:52 TNL248 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 SB294 2 02-27-2023 11:55:52 TNL248 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 SB294 3 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 4 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 5 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 6 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 7 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 8 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 9 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 10 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 11 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 12 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 13 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 14 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 15 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 16 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 17 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 18 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 19 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 20 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 21 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 22 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 23 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 24 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 25 02-27-2023 11:55:52 TNL248 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; 36 As Engrossed: H2/27/23 SB294 26 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 27 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 28 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 29 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 30 02-27-2023 11:55:52 TNL248 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. 36 As Engrossed: H2/27/23 SB294 31 02-27-2023 11:55:52 TNL248 (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 36 As Engrossed: H2/27/23 SB294 32 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 33 02-27-2023 11:55:52 TNL248 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. 36 As Engrossed: H2/27/23 SB294 34 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 35 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 36 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 37 02-27-2023 11:55:52 TNL248 (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: 36 As Engrossed: H2/27/23 SB294 38 02-27-2023 11:55:52 TNL248 (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 36 As Engrossed: H2/27/23 SB294 39 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 40 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 41 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 42 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 43 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 44 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 45 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 46 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 47 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 48 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 49 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 50 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 51 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 52 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 53 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 54 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 55 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 56 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 57 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 58 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 59 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 60 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 61 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 62 02-27-2023 11:55:52 TNL248 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; 36 As Engrossed: H2/27/23 SB294 63 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 64 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 65 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 66 02-27-2023 11:55:52 TNL248 (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 36 As Engrossed: H2/27/23 SB294 67 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 68 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 69 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 70 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 71 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 72 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 73 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 74 02-27-2023 11:55:52 TNL248 (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; 36 As Engrossed: H2/27/23 SB294 75 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 76 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 77 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 78 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 79 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 80 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 81 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 82 02-27-2023 11:55:52 TNL248 ($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 As Engrossed: H2/27/23 SB294 83 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 84 02-27-2023 11:55:52 TNL248 (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 36 As Engrossed: H2/27/23 SB294 85 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 86 02-27-2023 11:55:52 TNL248 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; 36 As Engrossed: H2/27/23 SB294 87 02-27-2023 11:55:52 TNL248 (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 36 As Engrossed: H2/27/23 SB294 88 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 89 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 90 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 91 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 92 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 93 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 94 02-27-2023 11:55:52 TNL248 (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 36 As Engrossed: H2/27/23 SB294 95 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 96 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 97 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 98 02-27-2023 11:55:52 TNL248 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. 36 As Engrossed: H2/27/23 SB294 99 02-27-2023 11:55:52 TNL248 (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; 36 As Engrossed: H2/27/23 SB294 100 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 101 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 102 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 103 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 104 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 105 02-27-2023 11:55:52 TNL248 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. 36 As Engrossed: H2/27/23 SB294 106 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 107 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 108 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 109 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 110 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 111 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 112 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 113 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 114 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 115 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 116 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 117 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 118 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 119 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 120 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 121 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 122 02-27-2023 11:55:52 TNL248 ($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 As Engrossed: H2/27/23 SB294 123 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 124 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 125 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 126 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 127 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 128 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 129 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 130 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 131 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 132 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 133 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 134 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 135 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 136 02-27-2023 11:55:52 TNL248 (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 As Engrossed: H2/27/23 SB294 137 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 138 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 139 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 140 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 141 02-27-2023 11:55:52 TNL248 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 36 As Engrossed: H2/27/23 SB294 142 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 143 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 144 02-27-2023 11:55:52 TNL248 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 As Engrossed: H2/27/23 SB294 145 02-27-2023 11:55:52 TNL248 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 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