Ark. Code Ann. § 6-18-2506 — AR Code / Title 6 / Chapter 18 / Subchapter 25 / Section 6-18-2506
Student eligibility - Initial and continuing
Status: in_force

(a) A student is initially eligible for an account if the student: (1) Has a parent who is a resident of the State of Arkansas as defined by § 6-18-202 ; (2) Is eligible to enroll in a public elementary or secondary school in this state; and (3) Meets the following criteria: (A) (i) For the 2023-2024 school year, a student shall be eligible if the student is at least one (1) of the following: (a) A student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023; (b) A student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2023; (c) A foster child or a former foster child; (d) (1) A student who is currently participating in the Succeed Scholarship Program, § 6-41-901 et seq. (2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year and elects to enroll in the Arkansas Children's Educational Freedom Account Program under this subchapter shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until: (A) The participating student graduates from high school; (B) The participating student receives a certificate of completion; or (C) An event that requires an account to be closed under § 6-18-2505(f)(1) or § 6-18-2505(f)(2) occurs; (e) A child of active-duty uniformed service personnel, as identified under Title 10, Title 32, Title 33, or Title 42 of the United States Code; (f) A student who was enrolled in the previous school year in a: (1) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or (2) Public school district classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (g) A student who is enrolling in kindergarten for the first time. (ii) (a) For the 2023-2024 school year, a maximum of one and five-tenths percent (1.5%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) However, the number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(A)(ii) (a) of this section shall not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; (B) (i) For the 2024-2025 school year, student eligibility shall expand to include students who meet at least one (1) of the following: (a) All students who are eligible under subdivision (a)(3)(A) of this section; (b) Students who were enrolled in the prior school year in public schools rated "D" or "F" under §§ 6-15-2105 and 6-15-2106 and state board rules; and (c) Students whose parents are: (1) Veterans as identified under Title 38 of the United States Code; (2) In the uniformed service reserve components; (3) First responders; or (4) Law enforcement officers. (ii) (a) For the 2024-2025 school year, a maximum of three percent (3%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) The number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(B)(ii) (a) of this section shall: (1) Include any students who are continuing to participate in the Arkansas Children's Educational Freedom Account Program from the 2023-2024 school year; and (2) Not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; and (C) (i) For the 2025-2026 school year and each year thereafter, any resident of this state who is eligible to enroll in a public elementary or secondary school shall be eligible. (ii) Beginning with the 2025-2026 school year, there shall be no limitation on student participation in the Arkansas Children's Educational Freedom Account Program. (b) In any year in which funds are insufficient to fund all applications for new accounts, first priority shall be given to students who are eligible under subdivision (a)(3)(A) of this section, followed by students eligible under subdivision (a)(3)(B) of this section. (c) In any year in which funds are insufficient to fund all continuing accounts, priority shall be given to students who have been in the Arkansas Children's Educational Freedom Account Program the longest after priority has been given to students identified under subsection (b) of this section. (d) The State Board of Education shall promulgate rules: (1) For the implementation of the Arkansas Children's Educational Freedom Account Program; and (2) To effectively and efficiently administer the Arkansas Children's Educational Freedom Account Program, including without limitation: (A) The awarding of funds to participating students; (B) The oversight of the Arkansas Children's Educational Freedom Account Program; and (C) Any other necessary aspects for the operation of the Arkansas Children's Educational Freedom Account Program. (e) (1) Except as provided under subdivision (e)(2) of this section, a participating student may only participate in and receive funds from one (1) of the following: (A) The Arkansas Children's Educational Freedom Account Program established by this subchapter; or (B) The Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq. (2) (A) A student with a disability as described by subdivision (a)(3)(A)(i) (a) of this section who has an annual family income that is less than or equal to two hundred percent (200%) of the federal poverty guidelines as determined annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. § 9902(2) , as required under the Philanthropic Investment in Arkansas Kids Program may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program. (B) However, a student who qualifies under subdivision (e)(2)(A) of this section may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program only to the extent necessary to cover qualifying expenses. (f) The student's parent shall submit an application for an account to the Department of Education in accordance with Arkansas Children's Educational Freedom Account Program timelines established by the department. (g) (1) The department shall create a standard form that a parent may submit to establish his or her child's eligibility for the program. (2) The department shall ensure that the standard form required under subdivision (g)(1) of this section is publicly available and may be submitted through various sources, including without limitation the internet. (h) (1) As part of the application, a parent shall sign an agreement promising each of the following without limitation: (A) (i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program. (ii) However, a participating student may take approved courses at a public school participating as an approved provider; (B) To use account funds only for qualifying expenses of the participating student; (C) To comply with all Arkansas Children's Educational Freedom Account Program requirements as established by the department according to state board rules; and (D) Beginning with the 2024-2025 school year, in the case of any account used for qualifying educational expenses not associated with full-time enrollment in a participating school or a participating service provider, to agree to provide an education for his or her participating student in at least the subjects of English language arts, mathematics, social studies, and science. (2) The signed agreement required under subdivision (h)(1) of this section shall satisfy the compulsory school attendance requirements of § 6-18-201 . (i) The division shall: (1) Continue making deposits into a participating student's account until: (A) The division determines that the participating student is no longer an eligible student; (B) The division determines that there was substantial misuse of account funds, as defined by the state board; (C) A parent or a participating student withdraws from the Arkansas Children's Educational Freedom Account Program; (D) A participating student enrolls full-time in a public school; (E) A participating student graduates from high school; or (F) A participating student completes the school year in the year in which he or she turns twenty-one (21) years of age; (2) Provide parents with a written explanation of the: (A) Allowable uses of funds; (B) Responsibilities of parents; and (C) Duties of the division and the role of any private financial management firms or other private organizations that the department may contract with to administer the Arkansas Children's Educational Freedom Account Program or any aspect of the Arkansas Children's Educational Freedom Account Program; and (3) Annually fund a participating student's account as funds are available and in accordance with this law and state board rules. (j) (1) Upon notice to the division, a participating student may choose to stop receiving funds disbursed under this subchapter and enroll full-time in a public school. (2) (A) Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds into the participating student's account. (B) (i) However, for accounts that have been open for at least one (1) full academic year, the account shall remain open and active for the parent of a former participating student to make qualifying expenditures to educate the student from funds remaining in the account. (ii) When no funds remain in the former participating student's account, the division may close the account. (3) (A) If a former participating student decides to return to the Arkansas Children's Educational Freedom Account Program and is a current eligible student, payments into the former participating student's existing account may resume if the account is still open and active. (B) A new account may be established if the former participating student's previous account was closed. (k) The state board and the department may adopt rules to provide the least disruptive process for a participating student who desires to stop receiving funds disbursed under this subchapter and enroll full-time in a public school. Amended by Act 2023EX1, No. 5,§ 4, eff. 9/14/2023. Amended by Act 2023, No. 649,§ 7, eff. 8/1/2023. Amended by Act 2023, No. 649,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 669,§ 1, eff. 4/11/2023. Added by Act 2023, No. 237,§ 42, eff. 3/8/2023.

(a) A student is initially eligible for an account if the student: (1) Has a parent who is a resident of the State of Arkansas as defined by § 6-18-202 ; (2) Is eligible to enroll in a public elementary or secondary school in this state; and (3) Meets the following criteria: (A) (i) For the 2023-2024 school year, a student shall be eligible if the student is at least one (1) of the following: (a) A student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023; (b) A student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2023; (c) A foster child or a former foster child; (d) (1) A student who is currently participating in the Succeed Scholarship Program, § 6-41-901 et seq. (2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year and elects to enroll in the Arkansas Children's Educational Freedom Account Program under this subchapter shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until: (A) The participating student graduates from high school; (B) The participating student receives a certificate of completion; or (C) An event that requires an account to be closed under § 6-18-2505(f)(1) or § 6-18-2505(f)(2) occurs; (e) A child of active-duty uniformed service personnel, as identified under Title 10, Title 32, Title 33, or Title 42 of the United States Code; (f) A student who was enrolled in the previous school year in a: (1) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or (2) Public school district classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (g) A student who is enrolling in kindergarten for the first time. (ii) (a) For the 2023-2024 school year, a maximum of one and five-tenths percent (1.5%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) However, the number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(A)(ii) (a) of this section shall not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; (B) (i) For the 2024-2025 school year, student eligibility shall expand to include students who meet at least one (1) of the following: (a) All students who are eligible under subdivision (a)(3)(A) of this section; (b) Students who were enrolled in the prior school year in public schools rated "D" or "F" under §§ 6-15-2105 and 6-15-2106 and state board rules; and (c) Students whose parents are: (1) Veterans as identified under Title 38 of the United States Code; (2) In the uniformed service reserve components; (3) First responders; or (4) Law enforcement officers. (ii) (a) For the 2024-2025 school year, a maximum of three percent (3%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) The number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(B)(ii) (a) of this section shall: (1) Include any students who are continuing to participate in the Arkansas Children's Educational Freedom Account Program from the 2023-2024 school year; and (2) Not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; and (C) (i) For the 2025-2026 school year and each year thereafter, any resident of this state who is eligible to enroll in a public elementary or secondary school shall be eligible. (ii) Beginning with the 2025-2026 school year, there shall be no limitation on student participation in the Arkansas Children's Educational Freedom Account Program.

(1) Has a parent who is a resident of the State of Arkansas as defined by § 6-18-202 ;

(2) Is eligible to enroll in a public elementary or secondary school in this state; and

(3) Meets the following criteria: (A) (i) For the 2023-2024 school year, a student shall be eligible if the student is at least one (1) of the following: (a) A student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023; (b) A student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2023; (c) A foster child or a former foster child; (d) (1) A student who is currently participating in the Succeed Scholarship Program, § 6-41-901 et seq. (2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year and elects to enroll in the Arkansas Children's Educational Freedom Account Program under this subchapter shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until: (A) The participating student graduates from high school; (B) The participating student receives a certificate of completion; or (C) An event that requires an account to be closed under § 6-18-2505(f)(1) or § 6-18-2505(f)(2) occurs; (e) A child of active-duty uniformed service personnel, as identified under Title 10, Title 32, Title 33, or Title 42 of the United States Code; (f) A student who was enrolled in the previous school year in a: (1) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or (2) Public school district classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (g) A student who is enrolling in kindergarten for the first time. (ii) (a) For the 2023-2024 school year, a maximum of one and five-tenths percent (1.5%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) However, the number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(A)(ii) (a) of this section shall not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; (B) (i) For the 2024-2025 school year, student eligibility shall expand to include students who meet at least one (1) of the following: (a) All students who are eligible under subdivision (a)(3)(A) of this section; (b) Students who were enrolled in the prior school year in public schools rated "D" or "F" under §§ 6-15-2105 and 6-15-2106 and state board rules; and (c) Students whose parents are: (1) Veterans as identified under Title 38 of the United States Code; (2) In the uniformed service reserve components; (3) First responders; or (4) Law enforcement officers. (ii) (a) For the 2024-2025 school year, a maximum of three percent (3%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) The number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(B)(ii) (a) of this section shall: (1) Include any students who are continuing to participate in the Arkansas Children's Educational Freedom Account Program from the 2023-2024 school year; and (2) Not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; and (C) (i) For the 2025-2026 school year and each year thereafter, any resident of this state who is eligible to enroll in a public elementary or secondary school shall be eligible. (ii) Beginning with the 2025-2026 school year, there shall be no limitation on student participation in the Arkansas Children's Educational Freedom Account Program.

(A) (i) For the 2023-2024 school year, a student shall be eligible if the student is at least one (1) of the following: (a) A student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023; (b) A student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2023; (c) A foster child or a former foster child; (d) (1) A student who is currently participating in the Succeed Scholarship Program, § 6-41-901 et seq. (2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year and elects to enroll in the Arkansas Children's Educational Freedom Account Program under this subchapter shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until: (A) The participating student graduates from high school; (B) The participating student receives a certificate of completion; or (C) An event that requires an account to be closed under § 6-18-2505(f)(1) or § 6-18-2505(f)(2) occurs; (e) A child of active-duty uniformed service personnel, as identified under Title 10, Title 32, Title 33, or Title 42 of the United States Code; (f) A student who was enrolled in the previous school year in a: (1) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or (2) Public school district classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (g) A student who is enrolling in kindergarten for the first time. (ii) (a) For the 2023-2024 school year, a maximum of one and five-tenths percent (1.5%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) However, the number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(A)(ii) (a) of this section shall not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program;

(i) For the 2023-2024 school year, a student shall be eligible if the student is at least one (1) of the following: (a) A student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023; (b) A student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2023; (c) A foster child or a former foster child; (d) (1) A student who is currently participating in the Succeed Scholarship Program, § 6-41-901 et seq. (2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year and elects to enroll in the Arkansas Children's Educational Freedom Account Program under this subchapter shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until: (A) The participating student graduates from high school; (B) The participating student receives a certificate of completion; or (C) An event that requires an account to be closed under § 6-18-2505(f)(1) or § 6-18-2505(f)(2) occurs; (e) A child of active-duty uniformed service personnel, as identified under Title 10, Title 32, Title 33, or Title 42 of the United States Code; (f) A student who was enrolled in the previous school year in a: (1) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or (2) Public school district classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (g) A student who is enrolling in kindergarten for the first time.

(a) A student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023;

(b) A student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2023;

(c) A foster child or a former foster child;

(d) (1) A student who is currently participating in the Succeed Scholarship Program, § 6-41-901 et seq. (2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year and elects to enroll in the Arkansas Children's Educational Freedom Account Program under this subchapter shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until: (A) The participating student graduates from high school; (B) The participating student receives a certificate of completion; or (C) An event that requires an account to be closed under § 6-18-2505(f)(1) or § 6-18-2505(f)(2) occurs;

(1) A student who is currently participating in the Succeed Scholarship Program, § 6-41-901 et seq.

(2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year and elects to enroll in the Arkansas Children's Educational Freedom Account Program under this subchapter shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until: (A) The participating student graduates from high school; (B) The participating student receives a certificate of completion; or (C) An event that requires an account to be closed under § 6-18-2505(f)(1) or § 6-18-2505(f)(2) occurs;

(A) The participating student graduates from high school;

(B) The participating student receives a certificate of completion; or

(C) An event that requires an account to be closed under § 6-18-2505(f)(1) or § 6-18-2505(f)(2) occurs;

(e) A child of active-duty uniformed service personnel, as identified under Title 10, Title 32, Title 33, or Title 42 of the United States Code;

(f) A student who was enrolled in the previous school year in a: (1) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or (2) Public school district classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or

(1) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or

(2) Public school district classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or

(g) A student who is enrolling in kindergarten for the first time.

(ii) (a) For the 2023-2024 school year, a maximum of one and five-tenths percent (1.5%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) However, the number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(A)(ii) (a) of this section shall not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program;

(a) For the 2023-2024 school year, a maximum of one and five-tenths percent (1.5%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program.

(b) However, the number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(A)(ii) (a) of this section shall not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program;

(B) (i) For the 2024-2025 school year, student eligibility shall expand to include students who meet at least one (1) of the following: (a) All students who are eligible under subdivision (a)(3)(A) of this section; (b) Students who were enrolled in the prior school year in public schools rated "D" or "F" under §§ 6-15-2105 and 6-15-2106 and state board rules; and (c) Students whose parents are: (1) Veterans as identified under Title 38 of the United States Code; (2) In the uniformed service reserve components; (3) First responders; or (4) Law enforcement officers. (ii) (a) For the 2024-2025 school year, a maximum of three percent (3%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) The number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(B)(ii) (a) of this section shall: (1) Include any students who are continuing to participate in the Arkansas Children's Educational Freedom Account Program from the 2023-2024 school year; and (2) Not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; and

(i) For the 2024-2025 school year, student eligibility shall expand to include students who meet at least one (1) of the following: (a) All students who are eligible under subdivision (a)(3)(A) of this section; (b) Students who were enrolled in the prior school year in public schools rated "D" or "F" under §§ 6-15-2105 and 6-15-2106 and state board rules; and (c) Students whose parents are: (1) Veterans as identified under Title 38 of the United States Code; (2) In the uniformed service reserve components; (3) First responders; or (4) Law enforcement officers.

(a) All students who are eligible under subdivision (a)(3)(A) of this section;

(b) Students who were enrolled in the prior school year in public schools rated "D" or "F" under §§ 6-15-2105 and 6-15-2106 and state board rules; and

(c) Students whose parents are: (1) Veterans as identified under Title 38 of the United States Code; (2) In the uniformed service reserve components; (3) First responders; or (4) Law enforcement officers.

(1) Veterans as identified under Title 38 of the United States Code;

(2) In the uniformed service reserve components;

(3) First responders; or

(4) Law enforcement officers.

(ii) (a) For the 2024-2025 school year, a maximum of three percent (3%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) The number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(B)(ii) (a) of this section shall: (1) Include any students who are continuing to participate in the Arkansas Children's Educational Freedom Account Program from the 2023-2024 school year; and (2) Not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; and

(a) For the 2024-2025 school year, a maximum of three percent (3%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program.

(b) The number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(B)(ii) (a) of this section shall: (1) Include any students who are continuing to participate in the Arkansas Children's Educational Freedom Account Program from the 2023-2024 school year; and (2) Not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; and

(1) Include any students who are continuing to participate in the Arkansas Children's Educational Freedom Account Program from the 2023-2024 school year; and

(2) Not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; and

(C) (i) For the 2025-2026 school year and each year thereafter, any resident of this state who is eligible to enroll in a public elementary or secondary school shall be eligible. (ii) Beginning with the 2025-2026 school year, there shall be no limitation on student participation in the Arkansas Children's Educational Freedom Account Program.

(i) For the 2025-2026 school year and each year thereafter, any resident of this state who is eligible to enroll in a public elementary or secondary school shall be eligible.

(ii) Beginning with the 2025-2026 school year, there shall be no limitation on student participation in the Arkansas Children's Educational Freedom Account Program.

(b) In any year in which funds are insufficient to fund all applications for new accounts, first priority shall be given to students who are eligible under subdivision (a)(3)(A) of this section, followed by students eligible under subdivision (a)(3)(B) of this section.

(c) In any year in which funds are insufficient to fund all continuing accounts, priority shall be given to students who have been in the Arkansas Children's Educational Freedom Account Program the longest after priority has been given to students identified under subsection (b) of this section.

(d) The State Board of Education shall promulgate rules: (1) For the implementation of the Arkansas Children's Educational Freedom Account Program; and (2) To effectively and efficiently administer the Arkansas Children's Educational Freedom Account Program, including without limitation: (A) The awarding of funds to participating students; (B) The oversight of the Arkansas Children's Educational Freedom Account Program; and (C) Any other necessary aspects for the operation of the Arkansas Children's Educational Freedom Account Program.

(1) For the implementation of the Arkansas Children's Educational Freedom Account Program; and

(2) To effectively and efficiently administer the Arkansas Children's Educational Freedom Account Program, including without limitation: (A) The awarding of funds to participating students; (B) The oversight of the Arkansas Children's Educational Freedom Account Program; and (C) Any other necessary aspects for the operation of the Arkansas Children's Educational Freedom Account Program.

(A) The awarding of funds to participating students;

(B) The oversight of the Arkansas Children's Educational Freedom Account Program; and

(C) Any other necessary aspects for the operation of the Arkansas Children's Educational Freedom Account Program.

(e) (1) Except as provided under subdivision (e)(2) of this section, a participating student may only participate in and receive funds from one (1) of the following: (A) The Arkansas Children's Educational Freedom Account Program established by this subchapter; or (B) The Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq. (2) (A) A student with a disability as described by subdivision (a)(3)(A)(i) (a) of this section who has an annual family income that is less than or equal to two hundred percent (200%) of the federal poverty guidelines as determined annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. § 9902(2) , as required under the Philanthropic Investment in Arkansas Kids Program may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program. (B) However, a student who qualifies under subdivision (e)(2)(A) of this section may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program only to the extent necessary to cover qualifying expenses.

(1) Except as provided under subdivision (e)(2) of this section, a participating student may only participate in and receive funds from one (1) of the following: (A) The Arkansas Children's Educational Freedom Account Program established by this subchapter; or (B) The Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq.

(A) The Arkansas Children's Educational Freedom Account Program established by this subchapter; or

(B) The Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq.

(2) (A) A student with a disability as described by subdivision (a)(3)(A)(i) (a) of this section who has an annual family income that is less than or equal to two hundred percent (200%) of the federal poverty guidelines as determined annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. § 9902(2) , as required under the Philanthropic Investment in Arkansas Kids Program may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program. (B) However, a student who qualifies under subdivision (e)(2)(A) of this section may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program only to the extent necessary to cover qualifying expenses.

(A) A student with a disability as described by subdivision (a)(3)(A)(i) (a) of this section who has an annual family income that is less than or equal to two hundred percent (200%) of the federal poverty guidelines as determined annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. § 9902(2) , as required under the Philanthropic Investment in Arkansas Kids Program may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program.

(B) However, a student who qualifies under subdivision (e)(2)(A) of this section may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program only to the extent necessary to cover qualifying expenses.

(f) The student's parent shall submit an application for an account to the Department of Education in accordance with Arkansas Children's Educational Freedom Account Program timelines established by the department.

(g) (1) The department shall create a standard form that a parent may submit to establish his or her child's eligibility for the program. (2) The department shall ensure that the standard form required under subdivision (g)(1) of this section is publicly available and may be submitted through various sources, including without limitation the internet.

(1) The department shall create a standard form that a parent may submit to establish his or her child's eligibility for the program.

(2) The department shall ensure that the standard form required under subdivision (g)(1) of this section is publicly available and may be submitted through various sources, including without limitation the internet.

(h) (1) As part of the application, a parent shall sign an agreement promising each of the following without limitation: (A) (i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program. (ii) However, a participating student may take approved courses at a public school participating as an approved provider; (B) To use account funds only for qualifying expenses of the participating student; (C) To comply with all Arkansas Children's Educational Freedom Account Program requirements as established by the department according to state board rules; and (D) Beginning with the 2024-2025 school year, in the case of any account used for qualifying educational expenses not associated with full-time enrollment in a participating school or a participating service provider, to agree to provide an education for his or her participating student in at least the subjects of English language arts, mathematics, social studies, and science. (2) The signed agreement required under subdivision (h)(1) of this section shall satisfy the compulsory school attendance requirements of § 6-18-201 .

(1) As part of the application, a parent shall sign an agreement promising each of the following without limitation: (A) (i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program. (ii) However, a participating student may take approved courses at a public school participating as an approved provider; (B) To use account funds only for qualifying expenses of the participating student; (C) To comply with all Arkansas Children's Educational Freedom Account Program requirements as established by the department according to state board rules; and (D) Beginning with the 2024-2025 school year, in the case of any account used for qualifying educational expenses not associated with full-time enrollment in a participating school or a participating service provider, to agree to provide an education for his or her participating student in at least the subjects of English language arts, mathematics, social studies, and science.

(A) (i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program. (ii) However, a participating student may take approved courses at a public school participating as an approved provider;

(i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program.

(ii) However, a participating student may take approved courses at a public school participating as an approved provider;

(B) To use account funds only for qualifying expenses of the participating student;

(C) To comply with all Arkansas Children's Educational Freedom Account Program requirements as established by the department according to state board rules; and

(D) Beginning with the 2024-2025 school year, in the case of any account used for qualifying educational expenses not associated with full-time enrollment in a participating school or a participating service provider, to agree to provide an education for his or her participating student in at least the subjects of English language arts, mathematics, social studies, and science.

(2) The signed agreement required under subdivision (h)(1) of this section shall satisfy the compulsory school attendance requirements of § 6-18-201 .

(i) The division shall: (1) Continue making deposits into a participating student's account until: (A) The division determines that the participating student is no longer an eligible student; (B) The division determines that there was substantial misuse of account funds, as defined by the state board; (C) A parent or a participating student withdraws from the Arkansas Children's Educational Freedom Account Program; (D) A participating student enrolls full-time in a public school; (E) A participating student graduates from high school; or (F) A participating student completes the school year in the year in which he or she turns twenty-one (21) years of age; (2) Provide parents with a written explanation of the: (A) Allowable uses of funds; (B) Responsibilities of parents; and (C) Duties of the division and the role of any private financial management firms or other private organizations that the department may contract with to administer the Arkansas Children's Educational Freedom Account Program or any aspect of the Arkansas Children's Educational Freedom Account Program; and (3) Annually fund a participating student's account as funds are available and in accordance with this law and state board rules.

(1) Continue making deposits into a participating student's account until: (A) The division determines that the participating student is no longer an eligible student; (B) The division determines that there was substantial misuse of account funds, as defined by the state board; (C) A parent or a participating student withdraws from the Arkansas Children's Educational Freedom Account Program; (D) A participating student enrolls full-time in a public school; (E) A participating student graduates from high school; or (F) A participating student completes the school year in the year in which he or she turns twenty-one (21) years of age;

(A) The division determines that the participating student is no longer an eligible student;

(B) The division determines that there was substantial misuse of account funds, as defined by the state board;

(C) A parent or a participating student withdraws from the Arkansas Children's Educational Freedom Account Program;

(D) A participating student enrolls full-time in a public school;

(E) A participating student graduates from high school; or

(F) A participating student completes the school year in the year in which he or she turns twenty-one (21) years of age;

(2) Provide parents with a written explanation of the: (A) Allowable uses of funds; (B) Responsibilities of parents; and (C) Duties of the division and the role of any private financial management firms or other private organizations that the department may contract with to administer the Arkansas Children's Educational Freedom Account Program or any aspect of the Arkansas Children's Educational Freedom Account Program; and

(A) Allowable uses of funds;

(B) Responsibilities of parents; and

(C) Duties of the division and the role of any private financial management firms or other private organizations that the department may contract with to administer the Arkansas Children's Educational Freedom Account Program or any aspect of the Arkansas Children's Educational Freedom Account Program; and

(3) Annually fund a participating student's account as funds are available and in accordance with this law and state board rules.

(j) (1) Upon notice to the division, a participating student may choose to stop receiving funds disbursed under this subchapter and enroll full-time in a public school. (2) (A) Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds into the participating student's account. (B) (i) However, for accounts that have been open for at least one (1) full academic year, the account shall remain open and active for the parent of a former participating student to make qualifying expenditures to educate the student from funds remaining in the account. (ii) When no funds remain in the former participating student's account, the division may close the account. (3) (A) If a former participating student decides to return to the Arkansas Children's Educational Freedom Account Program and is a current eligible student, payments into the former participating student's existing account may resume if the account is still open and active. (B) A new account may be established if the former participating student's previous account was closed.

(1) Upon notice to the division, a participating student may choose to stop receiving funds disbursed under this subchapter and enroll full-time in a public school.

(2) (A) Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds into the participating student's account. (B) (i) However, for accounts that have been open for at least one (1) full academic year, the account shall remain open and active for the parent of a former participating student to make qualifying expenditures to educate the student from funds remaining in the account. (ii) When no funds remain in the former participating student's account, the division may close the account.

(A) Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds into the participating student's account.

(B) (i) However, for accounts that have been open for at least one (1) full academic year, the account shall remain open and active for the parent of a former participating student to make qualifying expenditures to educate the student from funds remaining in the account. (ii) When no funds remain in the former participating student's account, the division may close the account.

(i) However, for accounts that have been open for at least one (1) full academic year, the account shall remain open and active for the parent of a former participating student to make qualifying expenditures to educate the student from funds remaining in the account.

(ii) When no funds remain in the former participating student's account, the division may close the account.

(3) (A) If a former participating student decides to return to the Arkansas Children's Educational Freedom Account Program and is a current eligible student, payments into the former participating student's existing account may resume if the account is still open and active. (B) A new account may be established if the former participating student's previous account was closed.

(A) If a former participating student decides to return to the Arkansas Children's Educational Freedom Account Program and is a current eligible student, payments into the former participating student's existing account may resume if the account is still open and active.

(B) A new account may be established if the former participating student's previous account was closed.

(k) The state board and the department may adopt rules to provide the least disruptive process for a participating student who desires to stop receiving funds disbursed under this subchapter and enroll full-time in a public school.

Amended by Act 2023EX1, No. 5,§ 4, eff. 9/14/2023.

Amended by Act 2023, No. 649,§ 7, eff. 8/1/2023.

Amended by Act 2023, No. 649,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 669,§ 1, eff. 4/11/2023.

Added by Act 2023, No. 237,§ 42, eff. 3/8/2023.
Ark. Code Ann. § 6-13-1006 — AR Code / Title 6 / Chapter 13 / Subchapter 10 / Section 6-13-1006
Board of directors
Status: in_force

(a) (1) (A) Each education service cooperative shall be governed by a board of directors consisting of one (1) representative appointed by a voted resolution of each school district board of directors within the boundary of the education service cooperative that is a member of the education service cooperative during a legally held meeting of the school district board of directors. (B) The resolution required under subdivision (a)(1)(A) of this section shall be: (i) Signed by both the president and the secretary of a school district board of directors; and (ii) Forwarded annually by June 30 to the director of the education service cooperative of which a school district is a member. (2) A representative who is appointed under subdivision (a)(1)(A) of this section may include one (1) of the following: (A) A superintendent of a school district within the boundary of an education service cooperative; (B) An individual employed by a school district within the boundary of an education service cooperative; (C) A member of a school district board of directors within the boundary of an education service cooperative; or (D) A member of a community that is within the boundary of an education service cooperative. (b) The board of directors of each established education service cooperative shall: (1) Function as a public corporate body; (2) (A) Meet, except as otherwise provided in § 6-13-1007 [repealed], at least eight (8) times each year. (B) (i) Each meeting of a board of directors of an education service cooperative shall be public. (ii) The board of directors of each education service cooperative shall make the minutes of each of its meetings publicly available within a reasonable amount of time following the conclusion of a meeting; and (3) Exercise general fiduciary responsibilities for the education service cooperative with regard to policies and practices which guard the integrity of the agency and maintain public trust in its operation. (c) The first meeting of the board of directors shall be held within thirty (30) days of January 1, 2024. (d) At its first regular meeting, the board of directors shall elect a chair. (e) (1) The term for a representative appointed under this section shall be two (2) years. (2) (A) Each representative shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. (B) A school district board of directors within the boundary of an education service cooperative may reappoint an outgoing representative following the conclusion of his or her two-year term under this subsection. (C) A vacancy shall be filled by the school district board of directors that appointed the representative who previously served in the currently vacant position according to the requirements established by subsection (a) of this section. (f) Responsibilities of the board of directors, consistent with funds available, shall include without limitation the following: (1) Employment of a director of the education service cooperative who shall serve as the nonvoting executive officer of the board of directors; (2) Establishment of policies and procedures for the operation and management of the education service cooperative, which shall be in written form and shall be filed with the State Board of Education; (3) Preparation of an annual budget estimating income and expenditures for programs and services in accordance with procedures established by the state board; (4) Receipt and expenditure of funds needed to provide programs and services in the area; (5) Making such surveys or other inquiries which may be required to determine the service needs of school districts in the education service cooperative and developing plans to provide such needed services; (6) Employment, upon the recommendation of the director of the education service cooperative, of such personnel as may be required to provide the services requested by the school districts in the area; (7) Implementation of policies established by the state board for the operation of education service cooperatives; (8) Cooperation with other education service cooperatives, school districts, and other agencies to provide programs and services for children and adults residing within their respective areas; (9) For facilities and buildings as may be required to provide authorized programs and services: (A) Renting, leasing, purchasing, constructing, or receiving by gift; (B) Borrowing from the Revolving Loan Fund under § 6-20-818 ; or (C) Borrowing from other sources for limited or unusual circumstances upon approval of the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Finance and Administration; and (10) Carrying out such other duties as may be required for the efficient operation of the education service cooperative for which the board of directors is responsible. (g) Members of the board of directors shall be paid per diem and mileage at the rate established by law for attending meetings of the board of directors. (h) In addition to evaluations required under § 6-13-1021 , each board of directors of an education service cooperative shall: (1) Compile data that demonstrates what, if any, improvement has been achieved with respect to the performance of students enrolled in public school districts within the boundary of the education service cooperative in light of the programs and services offered by the education service cooperative; and (2) Annually by July 1, provide the data compiled under subdivision (h)(1) of this section to each school district within the boundary of the education service cooperative. Amended by Act 2023, No. 802,§ 2, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 3365, eff. 7/1/2019. Amended by Act 2017, No. 741,§ 1, eff. 8/1/2017. Acts 1985, No. 349, § 10; A.S.A. 1947, § 80-489.9; Acts 1999, No. 398, § 2; 2005, No. 1181, § 1.

(a) (1) (A) Each education service cooperative shall be governed by a board of directors consisting of one (1) representative appointed by a voted resolution of each school district board of directors within the boundary of the education service cooperative that is a member of the education service cooperative during a legally held meeting of the school district board of directors. (B) The resolution required under subdivision (a)(1)(A) of this section shall be: (i) Signed by both the president and the secretary of a school district board of directors; and (ii) Forwarded annually by June 30 to the director of the education service cooperative of which a school district is a member. (2) A representative who is appointed under subdivision (a)(1)(A) of this section may include one (1) of the following: (A) A superintendent of a school district within the boundary of an education service cooperative; (B) An individual employed by a school district within the boundary of an education service cooperative; (C) A member of a school district board of directors within the boundary of an education service cooperative; or (D) A member of a community that is within the boundary of an education service cooperative.

(1) (A) Each education service cooperative shall be governed by a board of directors consisting of one (1) representative appointed by a voted resolution of each school district board of directors within the boundary of the education service cooperative that is a member of the education service cooperative during a legally held meeting of the school district board of directors. (B) The resolution required under subdivision (a)(1)(A) of this section shall be: (i) Signed by both the president and the secretary of a school district board of directors; and (ii) Forwarded annually by June 30 to the director of the education service cooperative of which a school district is a member.

(A) Each education service cooperative shall be governed by a board of directors consisting of one (1) representative appointed by a voted resolution of each school district board of directors within the boundary of the education service cooperative that is a member of the education service cooperative during a legally held meeting of the school district board of directors.

(B) The resolution required under subdivision (a)(1)(A) of this section shall be: (i) Signed by both the president and the secretary of a school district board of directors; and (ii) Forwarded annually by June 30 to the director of the education service cooperative of which a school district is a member.

(i) Signed by both the president and the secretary of a school district board of directors; and

(ii) Forwarded annually by June 30 to the director of the education service cooperative of which a school district is a member.

(2) A representative who is appointed under subdivision (a)(1)(A) of this section may include one (1) of the following: (A) A superintendent of a school district within the boundary of an education service cooperative; (B) An individual employed by a school district within the boundary of an education service cooperative; (C) A member of a school district board of directors within the boundary of an education service cooperative; or (D) A member of a community that is within the boundary of an education service cooperative.

(A) A superintendent of a school district within the boundary of an education service cooperative;

(B) An individual employed by a school district within the boundary of an education service cooperative;

(C) A member of a school district board of directors within the boundary of an education service cooperative; or

(D) A member of a community that is within the boundary of an education service cooperative.

(b) The board of directors of each established education service cooperative shall: (1) Function as a public corporate body; (2) (A) Meet, except as otherwise provided in § 6-13-1007 [repealed], at least eight (8) times each year. (B) (i) Each meeting of a board of directors of an education service cooperative shall be public. (ii) The board of directors of each education service cooperative shall make the minutes of each of its meetings publicly available within a reasonable amount of time following the conclusion of a meeting; and (3) Exercise general fiduciary responsibilities for the education service cooperative with regard to policies and practices which guard the integrity of the agency and maintain public trust in its operation.

(1) Function as a public corporate body;

(2) (A) Meet, except as otherwise provided in § 6-13-1007 [repealed], at least eight (8) times each year. (B) (i) Each meeting of a board of directors of an education service cooperative shall be public. (ii) The board of directors of each education service cooperative shall make the minutes of each of its meetings publicly available within a reasonable amount of time following the conclusion of a meeting; and

(A) Meet, except as otherwise provided in § 6-13-1007 [repealed], at least eight (8) times each year.

(B) (i) Each meeting of a board of directors of an education service cooperative shall be public. (ii) The board of directors of each education service cooperative shall make the minutes of each of its meetings publicly available within a reasonable amount of time following the conclusion of a meeting; and

(i) Each meeting of a board of directors of an education service cooperative shall be public.

(ii) The board of directors of each education service cooperative shall make the minutes of each of its meetings publicly available within a reasonable amount of time following the conclusion of a meeting; and

(3) Exercise general fiduciary responsibilities for the education service cooperative with regard to policies and practices which guard the integrity of the agency and maintain public trust in its operation.

(c) The first meeting of the board of directors shall be held within thirty (30) days of January 1, 2024.

(d) At its first regular meeting, the board of directors shall elect a chair.

(e) (1) The term for a representative appointed under this section shall be two (2) years. (2) (A) Each representative shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. (B) A school district board of directors within the boundary of an education service cooperative may reappoint an outgoing representative following the conclusion of his or her two-year term under this subsection. (C) A vacancy shall be filled by the school district board of directors that appointed the representative who previously served in the currently vacant position according to the requirements established by subsection (a) of this section.

(1) The term for a representative appointed under this section shall be two (2) years.

(2) (A) Each representative shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. (B) A school district board of directors within the boundary of an education service cooperative may reappoint an outgoing representative following the conclusion of his or her two-year term under this subsection. (C) A vacancy shall be filled by the school district board of directors that appointed the representative who previously served in the currently vacant position according to the requirements established by subsection (a) of this section.

(A) Each representative shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified.

(B) A school district board of directors within the boundary of an education service cooperative may reappoint an outgoing representative following the conclusion of his or her two-year term under this subsection.

(C) A vacancy shall be filled by the school district board of directors that appointed the representative who previously served in the currently vacant position according to the requirements established by subsection (a) of this section.

(f) Responsibilities of the board of directors, consistent with funds available, shall include without limitation the following: (1) Employment of a director of the education service cooperative who shall serve as the nonvoting executive officer of the board of directors; (2) Establishment of policies and procedures for the operation and management of the education service cooperative, which shall be in written form and shall be filed with the State Board of Education; (3) Preparation of an annual budget estimating income and expenditures for programs and services in accordance with procedures established by the state board; (4) Receipt and expenditure of funds needed to provide programs and services in the area; (5) Making such surveys or other inquiries which may be required to determine the service needs of school districts in the education service cooperative and developing plans to provide such needed services; (6) Employment, upon the recommendation of the director of the education service cooperative, of such personnel as may be required to provide the services requested by the school districts in the area; (7) Implementation of policies established by the state board for the operation of education service cooperatives; (8) Cooperation with other education service cooperatives, school districts, and other agencies to provide programs and services for children and adults residing within their respective areas; (9) For facilities and buildings as may be required to provide authorized programs and services: (A) Renting, leasing, purchasing, constructing, or receiving by gift; (B) Borrowing from the Revolving Loan Fund under § 6-20-818 ; or (C) Borrowing from other sources for limited or unusual circumstances upon approval of the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Finance and Administration; and (10) Carrying out such other duties as may be required for the efficient operation of the education service cooperative for which the board of directors is responsible.

(1) Employment of a director of the education service cooperative who shall serve as the nonvoting executive officer of the board of directors;

(2) Establishment of policies and procedures for the operation and management of the education service cooperative, which shall be in written form and shall be filed with the State Board of Education;

(3) Preparation of an annual budget estimating income and expenditures for programs and services in accordance with procedures established by the state board;

(4) Receipt and expenditure of funds needed to provide programs and services in the area;

(5) Making such surveys or other inquiries which may be required to determine the service needs of school districts in the education service cooperative and developing plans to provide such needed services;

(6) Employment, upon the recommendation of the director of the education service cooperative, of such personnel as may be required to provide the services requested by the school districts in the area;

(7) Implementation of policies established by the state board for the operation of education service cooperatives;

(8) Cooperation with other education service cooperatives, school districts, and other agencies to provide programs and services for children and adults residing within their respective areas;

(9) For facilities and buildings as may be required to provide authorized programs and services: (A) Renting, leasing, purchasing, constructing, or receiving by gift; (B) Borrowing from the Revolving Loan Fund under § 6-20-818 ; or (C) Borrowing from other sources for limited or unusual circumstances upon approval of the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Finance and Administration; and

(A) Renting, leasing, purchasing, constructing, or receiving by gift;

(B) Borrowing from the Revolving Loan Fund under § 6-20-818 ; or

(C) Borrowing from other sources for limited or unusual circumstances upon approval of the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Finance and Administration; and

(10) Carrying out such other duties as may be required for the efficient operation of the education service cooperative for which the board of directors is responsible.

(g) Members of the board of directors shall be paid per diem and mileage at the rate established by law for attending meetings of the board of directors.

(h) In addition to evaluations required under § 6-13-1021 , each board of directors of an education service cooperative shall: (1) Compile data that demonstrates what, if any, improvement has been achieved with respect to the performance of students enrolled in public school districts within the boundary of the education service cooperative in light of the programs and services offered by the education service cooperative; and (2) Annually by July 1, provide the data compiled under subdivision (h)(1) of this section to each school district within the boundary of the education service cooperative.

(1) Compile data that demonstrates what, if any, improvement has been achieved with respect to the performance of students enrolled in public school districts within the boundary of the education service cooperative in light of the programs and services offered by the education service cooperative; and

(2) Annually by July 1, provide the data compiled under subdivision (h)(1) of this section to each school district within the boundary of the education service cooperative.

Amended by Act 2023, No. 802,§ 2, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 3365, eff. 7/1/2019.

Amended by Act 2017, No. 741,§ 1, eff. 8/1/2017.

Acts 1985, No. 349, § 10; A.S.A. 1947, § 80-489.9; Acts 1999, No. 398, § 2; 2005, No. 1181, § 1.
Ark. Code Ann. § 6-3-111 — AR Code / Title 6 / Chapter 3 / Section 6-3-111
Budget requests
Status: in_force

The Director of the Educational Television Division shall submit budget requests of the Educational Television Division to the State Board of Education and the Commissioner of Elementary and Secondary Education for their review and approval before the budget submissions are forwarded to the Governor and the Legislative Council. Amended by Act 2019, No. 910,§ 1047, eff. 7/1/2019. Acts 1987, No. 914, § 7.

The Director of the Educational Television Division shall submit budget requests of the Educational Television Division to the State Board of Education and the Commissioner of Elementary and Secondary Education for their review and approval before the budget submissions are forwarded to the Governor and the Legislative Council.

Amended by Act 2019, No. 910,§ 1047, eff. 7/1/2019.

Acts 1987, No. 914, § 7.
Ark. Code Ann. § 6-23-804 — AR Code / Title 6 / Chapter 23 / Subchapter 8 / Section 6-23-804
Administration - Rules
Status: in_force

(a) (1) The Division of Public School Academic Facilities and Transportation shall administer the Open-Enrollment Public Charter School Capital Grant Program in a manner that awards a grant and monitors the use of a grant according to the stated purpose of the grant. (2) This section is not intended to subject a grant applicant to rules similar to those applicable to school districts under the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq. (b) The Commission for Arkansas Public School Academic Facilities and Transportation shall promulgate rules to implement this subchapter. Added by Act 2013, No. 1064,§ 1, eff. 8/16/2013.

(a) (1) The Division of Public School Academic Facilities and Transportation shall administer the Open-Enrollment Public Charter School Capital Grant Program in a manner that awards a grant and monitors the use of a grant according to the stated purpose of the grant. (2) This section is not intended to subject a grant applicant to rules similar to those applicable to school districts under the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.

(1) The Division of Public School Academic Facilities and Transportation shall administer the Open-Enrollment Public Charter School Capital Grant Program in a manner that awards a grant and monitors the use of a grant according to the stated purpose of the grant.

(2) This section is not intended to subject a grant applicant to rules similar to those applicable to school districts under the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.

(b) The Commission for Arkansas Public School Academic Facilities and Transportation shall promulgate rules to implement this subchapter.

Added by Act 2013, No. 1064,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 6-19-108 — AR Code / Title 6 / Chapter 19 / Section 6-19-108
Bus drivers - Certification
Status: in_force

(a) (1) An applicant seeking employment as a driver or an operator of a school bus, either privately or publicly owned, is required to take and pass a series of tests as prescribed by the Division of Arkansas State Police under § 27-23-108 and the Division of Public School Academic Facilities and Transportation to determine the physical fitness and driving ability to serve as a school bus driver. (2) The tests shall include: (A) A physical examination given by a licensed physician or advanced practice nurse for school bus drivers, as required by the Division of Public School Academic Facilities and Transportation; (B) Other requirements as may be prescribed by rules issued jointly by the Division of Arkansas State Police and the Division of Public School Academic Facilities and Transportation for qualifications and fitness of school bus drivers; and (C) A successfully completed standard bus driver training and preservice behind-the-wheel training program as prescribed by the Division of Public School Academic Facilities and Transportation. (b) (1) Upon successful completion and documentation of the training described in subdivision (a)(2)(C) of this section, the Division of Public School Academic Facilities and Transportation shall certify the applicant as a school bus driver for a one-year period. (2) Certification as a school bus driver by the Division of Public School Academic Facilities and Transportation may be renewed annually. (c) (1) A school bus driver shall not be employed as an operator of a school bus to transport children to and from school or school-sponsored activities unless he or she is certified as a school bus driver by the Division of Public School Academic Facilities and Transportation and has satisfactorily completed the in-service training required in subsection (d) of this section. (2) Certification as a bus driver by the Division of Public School Academic Facilities and Transportation shall be required in addition to a commercial driver's license and any additional qualifications required by the school district board of directors. (d) A school bus driver who seeks annual renewal of his or her bus driver certification shall provide proof that he or she has satisfactorily: (1) Passed a physical examination given by a licensed physician or advanced practice nurse within the previous two (2) years; and (2) Completed in-service training for school bus drivers as prescribed by the Division of Public School Academic Facilities and Transportation. (e) A school district board of directors may provide a substitute driver to operate a school bus on a temporary basis without certification until the next regularly scheduled school bus driver's examination is held in the locality if: (1) A certified school bus driver is not available to operate the school bus due to death, resignation, disability, illness, or other cause; and (2) The school district board of directors is not able to obtain a certified school bus driver. (f) Extracurricular trips shall be made by certified drivers only. (g) A person who violates the provisions of this section is guilty of a Class A misdemeanor. Amended by Act 2021, No. 126,§ 2, eff. 7/28/2021. Acts 1963, No. 191, §§ 1-4, 6; 1965, No. 449, § 1; 1985, No. 757, §§ 3, 4; A.S.A. 1947, §§ 80-1821 -- 80-1825; Acts 2005, No. 1327, §§ 4, 5; 2005, No. 1994, § 196; 2009, No. 1473, § 6.

(a) (1) An applicant seeking employment as a driver or an operator of a school bus, either privately or publicly owned, is required to take and pass a series of tests as prescribed by the Division of Arkansas State Police under § 27-23-108 and the Division of Public School Academic Facilities and Transportation to determine the physical fitness and driving ability to serve as a school bus driver. (2) The tests shall include: (A) A physical examination given by a licensed physician or advanced practice nurse for school bus drivers, as required by the Division of Public School Academic Facilities and Transportation; (B) Other requirements as may be prescribed by rules issued jointly by the Division of Arkansas State Police and the Division of Public School Academic Facilities and Transportation for qualifications and fitness of school bus drivers; and (C) A successfully completed standard bus driver training and preservice behind-the-wheel training program as prescribed by the Division of Public School Academic Facilities and Transportation.

(1) An applicant seeking employment as a driver or an operator of a school bus, either privately or publicly owned, is required to take and pass a series of tests as prescribed by the Division of Arkansas State Police under § 27-23-108 and the Division of Public School Academic Facilities and Transportation to determine the physical fitness and driving ability to serve as a school bus driver.

(2) The tests shall include: (A) A physical examination given by a licensed physician or advanced practice nurse for school bus drivers, as required by the Division of Public School Academic Facilities and Transportation; (B) Other requirements as may be prescribed by rules issued jointly by the Division of Arkansas State Police and the Division of Public School Academic Facilities and Transportation for qualifications and fitness of school bus drivers; and (C) A successfully completed standard bus driver training and preservice behind-the-wheel training program as prescribed by the Division of Public School Academic Facilities and Transportation.

(A) A physical examination given by a licensed physician or advanced practice nurse for school bus drivers, as required by the Division of Public School Academic Facilities and Transportation;

(B) Other requirements as may be prescribed by rules issued jointly by the Division of Arkansas State Police and the Division of Public School Academic Facilities and Transportation for qualifications and fitness of school bus drivers; and

(C) A successfully completed standard bus driver training and preservice behind-the-wheel training program as prescribed by the Division of Public School Academic Facilities and Transportation.

(b) (1) Upon successful completion and documentation of the training described in subdivision (a)(2)(C) of this section, the Division of Public School Academic Facilities and Transportation shall certify the applicant as a school bus driver for a one-year period. (2) Certification as a school bus driver by the Division of Public School Academic Facilities and Transportation may be renewed annually.

(1) Upon successful completion and documentation of the training described in subdivision (a)(2)(C) of this section, the Division of Public School Academic Facilities and Transportation shall certify the applicant as a school bus driver for a one-year period.

(2) Certification as a school bus driver by the Division of Public School Academic Facilities and Transportation may be renewed annually.

(c) (1) A school bus driver shall not be employed as an operator of a school bus to transport children to and from school or school-sponsored activities unless he or she is certified as a school bus driver by the Division of Public School Academic Facilities and Transportation and has satisfactorily completed the in-service training required in subsection (d) of this section. (2) Certification as a bus driver by the Division of Public School Academic Facilities and Transportation shall be required in addition to a commercial driver's license and any additional qualifications required by the school district board of directors.

(1) A school bus driver shall not be employed as an operator of a school bus to transport children to and from school or school-sponsored activities unless he or she is certified as a school bus driver by the Division of Public School Academic Facilities and Transportation and has satisfactorily completed the in-service training required in subsection (d) of this section.

(2) Certification as a bus driver by the Division of Public School Academic Facilities and Transportation shall be required in addition to a commercial driver's license and any additional qualifications required by the school district board of directors.

(d) A school bus driver who seeks annual renewal of his or her bus driver certification shall provide proof that he or she has satisfactorily: (1) Passed a physical examination given by a licensed physician or advanced practice nurse within the previous two (2) years; and (2) Completed in-service training for school bus drivers as prescribed by the Division of Public School Academic Facilities and Transportation.

(1) Passed a physical examination given by a licensed physician or advanced practice nurse within the previous two (2) years; and

(2) Completed in-service training for school bus drivers as prescribed by the Division of Public School Academic Facilities and Transportation.

(e) A school district board of directors may provide a substitute driver to operate a school bus on a temporary basis without certification until the next regularly scheduled school bus driver's examination is held in the locality if: (1) A certified school bus driver is not available to operate the school bus due to death, resignation, disability, illness, or other cause; and (2) The school district board of directors is not able to obtain a certified school bus driver.

(1) A certified school bus driver is not available to operate the school bus due to death, resignation, disability, illness, or other cause; and

(2) The school district board of directors is not able to obtain a certified school bus driver.

(f) Extracurricular trips shall be made by certified drivers only.

(g) A person who violates the provisions of this section is guilty of a Class A misdemeanor.

Amended by Act 2021, No. 126,§ 2, eff. 7/28/2021.

Acts 1963, No. 191, §§ 1-4, 6; 1965, No. 449, § 1; 1985, No. 757, §§ 3, 4; A.S.A. 1947, §§ 80-1821 -- 80-1825; Acts 2005, No. 1327, §§ 4, 5; 2005, No. 1994, § 196; 2009, No. 1473, § 6.
Ark. Code Ann. § 6-21-705 — AR Code / Title 6 / Chapter 21 / Subchapter 7 / Section 6-21-705
Powers and duties of Insurance Commissioner
Status: in_force

It shall be the power and duty of the Insurance Commissioner to: (1) (A) Establish in the State Insurance Department a program of insurance to cover motor vehicles owned by public school districts, education service cooperatives, and open-enrollment public charter schools. (B) The program shall be in accordance with recognized and established insurance practices; (2) Establish and, from time to time, modify the premium rates to be charged for various risks; (3) Specify the form for insurance policies and other forms required for the purposes of this subchapter; (4) Employ or contract for necessary officials, adjusters, appraisers, attorneys, and other personnel required in the administration of this subchapter; (5) Engage in a loss control program to assist the public schools in improving and minimizing potential loss of life and property; and (6) Perform all additional powers and duties necessary to maintain sound insurance underwriting practices recognized by good risk management. Acts 1991, No. 824, § 5; 2003 (2nd Ex. Sess.), No. 78, § 19; 2007, No. 617, § 28.

It shall be the power and duty of the Insurance Commissioner to:

(1) (A) Establish in the State Insurance Department a program of insurance to cover motor vehicles owned by public school districts, education service cooperatives, and open-enrollment public charter schools. (B) The program shall be in accordance with recognized and established insurance practices;

(A) Establish in the State Insurance Department a program of insurance to cover motor vehicles owned by public school districts, education service cooperatives, and open-enrollment public charter schools.

(B) The program shall be in accordance with recognized and established insurance practices;

(2) Establish and, from time to time, modify the premium rates to be charged for various risks;

(3) Specify the form for insurance policies and other forms required for the purposes of this subchapter;

(4) Employ or contract for necessary officials, adjusters, appraisers, attorneys, and other personnel required in the administration of this subchapter;

(5) Engage in a loss control program to assist the public schools in improving and minimizing potential loss of life and property; and

(6) Perform all additional powers and duties necessary to maintain sound insurance underwriting practices recognized by good risk management.

Acts 1991, No. 824, § 5; 2003 (2nd Ex. Sess.), No. 78, § 19; 2007, No. 617, § 28.
Ark. Code Ann. § 6-16-147 — AR Code / Title 6 / Chapter 16 / Subchapter 1 / Section 6-16-147
Computer science - Required course offering
Status: in_force

(a) Beginning in the 2015-2016 school year, a public high school or public charter high school shall offer at least one (1) computer science course at the high school level. (b) A computer science course offered by a public high school or public charter high school shall: (1) Be of high quality; (2) Meet or exceed the curriculum standards and requirements established by the State Board of Education; and (3) Be made available in a traditional classroom setting, blended learning environment, online-based, or other technology-based format that is tailored to meet the needs of each participating student. Added by Act 2015, No. 187,§ 1, eff. 2/24/2015.

(a) Beginning in the 2015-2016 school year, a public high school or public charter high school shall offer at least one (1) computer science course at the high school level.

(b) A computer science course offered by a public high school or public charter high school shall: (1) Be of high quality; (2) Meet or exceed the curriculum standards and requirements established by the State Board of Education; and (3) Be made available in a traditional classroom setting, blended learning environment, online-based, or other technology-based format that is tailored to meet the needs of each participating student.

(1) Be of high quality;

(2) Meet or exceed the curriculum standards and requirements established by the State Board of Education; and

(3) Be made available in a traditional classroom setting, blended learning environment, online-based, or other technology-based format that is tailored to meet the needs of each participating student.

Added by Act 2015, No. 187,§ 1, eff. 2/24/2015.
Ark. Code Ann. § 6-11-105 — AR Code / Title 6 / Chapter 11 / Subchapter 1 / Section 6-11-105
Powers and duties
Status: in_force

(a) The State Board of Education shall: (1) Have general supervision of the public schools of the state; (2) Recommend courses of study for the public schools and teacher training institutions; (3) Issue licenses based upon credentials presented by applicants for licenses to teach in the public schools of the state; (4) Qualify and standardize public schools and prescribe requirements for accrediting and grading public schools; (5) Supervise the operation of school district budgets; (6) Supervise the purchase and distribution of textbooks; (7) Take such other action as it may deem necessary to promote: (A) The physical welfare of school children; (B) The organization and efficiency of the public schools of the state; and (C) Public education and awareness about racial profiling; (8) (A) Perform all other functions that may now or hereafter be delegated to the state board by law. (B) However, this section shall not prohibit the state board and the Division of Elementary and Secondary Education from issuing teachers' licenses upon the results of teachers' examinations as now provided by law; (9) Eliminate unnecessary reports and paperwork by yearly identifying and compiling a list of all reports that are required from local school districts by the division or the state board for the school year; (10) Adopt policies to ensure, except as allowed under subsection (b) of this section, that local school districts are not required by the state board or the division to: (A) Provide information that is already available on a division student information management system or housed within the division; (B) Provide the same written information more than one (1) time during a school year unless the information has changed during the school year; or (C) Complete forms for children with disabilities that are not necessary to ensure compliance with federal statutes and regulations, including, but not limited to, the Individuals with Disabilities Education Act, state mandates, and corresponding appropriations governing the provision of special education services to students with disabilities; (11) (A) If the state board orders the takeover of a school district under authority granted under this title and also orders the removal of the school district board of directors, the state board may assume all authority of the school district board of directors as may be necessary for the day-to-day governance of the school district. (B) The state board may designate the authority granted under this subdivision (a)(11) to the Commissioner of Elementary and Secondary Education; (12) Have general supervision of career and technical education; and (13) Administer the state's early learning and education system, which shall include the administration of: (A) Relevant rules related to administering funding, licensing, standards, and program requirements; (B) Quality rating and improvement initiatives; and (C) Streamlining and burden reduction for families and providers. (b) The state board may require information available on a division student information management system or require the same information twice if the state board can demonstrate a compelling need and can demonstrate there is not a more expeditious manner of getting the information. (c) The state board may organize and, from time to time, change and alter the division into branches or sections as may be found necessary and desirable by the commissioner to perform all proper functions and to render maximum service relating to the operation and improvement of the general education programs of the state. (d) The state board shall adopt rules for its meetings and proceedings as it deems advisable. Amended by Act 2023, No. 237,§ 3, eff. 3/8/2023. Amended by Act 2019, No. 315,§ 183, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1096, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1095, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1094, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1093, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1092, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1091, eff. 7/1/2019. Amended by Act 2017, No. 745,§ 5, eff. 8/1/2017. Amended by Act 2013, No. 1138,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 1138,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 1073,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 1073,§ 3, eff. 8/16/2013. Acts 1931, No. 169, §§ 7, 14; Pope's Dig., §§ 11447, 11453; Acts 1941, No. 127, §§ 5, 6, 8; A.S.A. 1947, §§ 80-107, 80-113, 80-122; Acts 1987, No. 771, §§ 5, 11; 1999, No. 1323, §§ 6, 7; 2003, No. 413, § 1; 2005, No. 2136, § 1; 2009, No. 1473, § 1; 2011, No. 989, § 1.

(a) The State Board of Education shall: (1) Have general supervision of the public schools of the state; (2) Recommend courses of study for the public schools and teacher training institutions; (3) Issue licenses based upon credentials presented by applicants for licenses to teach in the public schools of the state; (4) Qualify and standardize public schools and prescribe requirements for accrediting and grading public schools; (5) Supervise the operation of school district budgets; (6) Supervise the purchase and distribution of textbooks; (7) Take such other action as it may deem necessary to promote: (A) The physical welfare of school children; (B) The organization and efficiency of the public schools of the state; and (C) Public education and awareness about racial profiling; (8) (A) Perform all other functions that may now or hereafter be delegated to the state board by law. (B) However, this section shall not prohibit the state board and the Division of Elementary and Secondary Education from issuing teachers' licenses upon the results of teachers' examinations as now provided by law; (9) Eliminate unnecessary reports and paperwork by yearly identifying and compiling a list of all reports that are required from local school districts by the division or the state board for the school year; (10) Adopt policies to ensure, except as allowed under subsection (b) of this section, that local school districts are not required by the state board or the division to: (A) Provide information that is already available on a division student information management system or housed within the division; (B) Provide the same written information more than one (1) time during a school year unless the information has changed during the school year; or (C) Complete forms for children with disabilities that are not necessary to ensure compliance with federal statutes and regulations, including, but not limited to, the Individuals with Disabilities Education Act, state mandates, and corresponding appropriations governing the provision of special education services to students with disabilities; (11) (A) If the state board orders the takeover of a school district under authority granted under this title and also orders the removal of the school district board of directors, the state board may assume all authority of the school district board of directors as may be necessary for the day-to-day governance of the school district. (B) The state board may designate the authority granted under this subdivision (a)(11) to the Commissioner of Elementary and Secondary Education; (12) Have general supervision of career and technical education; and (13) Administer the state's early learning and education system, which shall include the administration of: (A) Relevant rules related to administering funding, licensing, standards, and program requirements; (B) Quality rating and improvement initiatives; and (C) Streamlining and burden reduction for families and providers.

(1) Have general supervision of the public schools of the state;

(2) Recommend courses of study for the public schools and teacher training institutions;

(3) Issue licenses based upon credentials presented by applicants for licenses to teach in the public schools of the state;

(4) Qualify and standardize public schools and prescribe requirements for accrediting and grading public schools;

(5) Supervise the operation of school district budgets;

(6) Supervise the purchase and distribution of textbooks;

(7) Take such other action as it may deem necessary to promote: (A) The physical welfare of school children; (B) The organization and efficiency of the public schools of the state; and (C) Public education and awareness about racial profiling;

(A) The physical welfare of school children;

(B) The organization and efficiency of the public schools of the state; and

(C) Public education and awareness about racial profiling;

(8) (A) Perform all other functions that may now or hereafter be delegated to the state board by law. (B) However, this section shall not prohibit the state board and the Division of Elementary and Secondary Education from issuing teachers' licenses upon the results of teachers' examinations as now provided by law;

(A) Perform all other functions that may now or hereafter be delegated to the state board by law.

(B) However, this section shall not prohibit the state board and the Division of Elementary and Secondary Education from issuing teachers' licenses upon the results of teachers' examinations as now provided by law;

(9) Eliminate unnecessary reports and paperwork by yearly identifying and compiling a list of all reports that are required from local school districts by the division or the state board for the school year;

(10) Adopt policies to ensure, except as allowed under subsection (b) of this section, that local school districts are not required by the state board or the division to: (A) Provide information that is already available on a division student information management system or housed within the division; (B) Provide the same written information more than one (1) time during a school year unless the information has changed during the school year; or (C) Complete forms for children with disabilities that are not necessary to ensure compliance with federal statutes and regulations, including, but not limited to, the Individuals with Disabilities Education Act, state mandates, and corresponding appropriations governing the provision of special education services to students with disabilities;

(A) Provide information that is already available on a division student information management system or housed within the division;

(B) Provide the same written information more than one (1) time during a school year unless the information has changed during the school year; or

(C) Complete forms for children with disabilities that are not necessary to ensure compliance with federal statutes and regulations, including, but not limited to, the Individuals with Disabilities Education Act, state mandates, and corresponding appropriations governing the provision of special education services to students with disabilities;

(11) (A) If the state board orders the takeover of a school district under authority granted under this title and also orders the removal of the school district board of directors, the state board may assume all authority of the school district board of directors as may be necessary for the day-to-day governance of the school district. (B) The state board may designate the authority granted under this subdivision (a)(11) to the Commissioner of Elementary and Secondary Education;

(A) If the state board orders the takeover of a school district under authority granted under this title and also orders the removal of the school district board of directors, the state board may assume all authority of the school district board of directors as may be necessary for the day-to-day governance of the school district.

(B) The state board may designate the authority granted under this subdivision (a)(11) to the Commissioner of Elementary and Secondary Education;

(12) Have general supervision of career and technical education; and

(13) Administer the state's early learning and education system, which shall include the administration of: (A) Relevant rules related to administering funding, licensing, standards, and program requirements; (B) Quality rating and improvement initiatives; and (C) Streamlining and burden reduction for families and providers.

(A) Relevant rules related to administering funding, licensing, standards, and program requirements;

(B) Quality rating and improvement initiatives; and

(C) Streamlining and burden reduction for families and providers.

(b) The state board may require information available on a division student information management system or require the same information twice if the state board can demonstrate a compelling need and can demonstrate there is not a more expeditious manner of getting the information.

(c) The state board may organize and, from time to time, change and alter the division into branches or sections as may be found necessary and desirable by the commissioner to perform all proper functions and to render maximum service relating to the operation and improvement of the general education programs of the state.

(d) The state board shall adopt rules for its meetings and proceedings as it deems advisable.

Amended by Act 2023, No. 237,§ 3, eff. 3/8/2023.

Amended by Act 2019, No. 315,§ 183, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1096, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1095, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1094, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1093, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1092, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1091, eff. 7/1/2019.

Amended by Act 2017, No. 745,§ 5, eff. 8/1/2017.

Amended by Act 2013, No. 1138,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 1138,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 1073,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 1073,§ 3, eff. 8/16/2013.

Acts 1931, No. 169, §§ 7, 14; Pope's Dig., §§ 11447, 11453; Acts 1941, No. 127, §§ 5, 6, 8; A.S.A. 1947, §§ 80-107, 80-113, 80-122; Acts 1987, No. 771, §§ 5, 11; 1999, No. 1323, §§ 6, 7; 2003, No. 413, § 1; 2005, No. 2136, § 1; 2009, No. 1473, § 1; 2011, No. 989, § 1.
Ark. Code Ann. § 6-53-402 — AR Code / Title 6 / Chapter 53 / Subchapter 4 / Section 6-53-402
Two-year branches - Conversion to technical college
Status: in_force

(a) A board of trustees of a four-year institution may, by resolution or when requested, petition the Arkansas Higher Education Coordinating Board to accept a two-year branch campus to be a technical college under the Arkansas Higher Education Coordinating Board's jurisdiction. (b) Upon approval by the Arkansas Higher Education Coordinating Board and an accrediting agency recognized by the United States Department of Education and upon assignment of a service area for the institution, the two-year branch campus shall be known as a technical college. (c) All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the two-year branch campus shall be transferred to the Arkansas Higher Education Coordinating Board until a local board is appointed. (d) Upon the appointment of a local board, all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the local board. (e) The local board shall be responsible for the administration and operation of the technical college and such other state-supported institutions within the system located in the service area designated by the Arkansas Higher Education Coordinating Board as necessary to adequately meet the two-year postsecondary educational needs of those citizens located within the service area assigned to the technical college. (f) Upon the establishment of the technical college, the two-year branch of the four-year institution shall be abolished. (g) (1) A technical college established under this section that fails to achieve higher education institutional accreditation from an accrediting agency recognized by the United States Department of Education within eight (8) years following the date of conversion shall be abolished by the Arkansas Higher Education Coordinating Board. (2) All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the Division of Higher Education. (h) (1) No state-supported vocational and technical institution in this state other than those provided for by this chapter shall convert to become a technical college if there is an existing community college located within the same county as the vocational and technical institution. (2) The local board of any state-supported postsecondary institution and the board of a community college located within the same county, upon passage of a resolution by each board and with the approval by the Arkansas Higher Education Coordinating Board and an accrediting agency recognized by the United States Department of Education, may merge the state-supported postsecondary institution with the community college. Amended by Act 2019, No. 910,§ 1932, eff. 7/1/2019. Amended by Act 2015, No. 865,§ 8, eff. 7/22/2015. Amended by Act 2015, No. 865,§ 7, eff. 7/22/2015. Amended by Act 2015, No. 865,§ 6, eff. 7/22/2015. Acts 1991, No. 1244, §§ 15, 21; 1991, No. 1246, § 11; 1995, No. 603, § 1.

(a) A board of trustees of a four-year institution may, by resolution or when requested, petition the Arkansas Higher Education Coordinating Board to accept a two-year branch campus to be a technical college under the Arkansas Higher Education Coordinating Board's jurisdiction.

(b) Upon approval by the Arkansas Higher Education Coordinating Board and an accrediting agency recognized by the United States Department of Education and upon assignment of a service area for the institution, the two-year branch campus shall be known as a technical college.

(c) All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the two-year branch campus shall be transferred to the Arkansas Higher Education Coordinating Board until a local board is appointed.

(d) Upon the appointment of a local board, all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the local board.

(e) The local board shall be responsible for the administration and operation of the technical college and such other state-supported institutions within the system located in the service area designated by the Arkansas Higher Education Coordinating Board as necessary to adequately meet the two-year postsecondary educational needs of those citizens located within the service area assigned to the technical college.

(f) Upon the establishment of the technical college, the two-year branch of the four-year institution shall be abolished.

(g) (1) A technical college established under this section that fails to achieve higher education institutional accreditation from an accrediting agency recognized by the United States Department of Education within eight (8) years following the date of conversion shall be abolished by the Arkansas Higher Education Coordinating Board. (2) All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the Division of Higher Education.

(1) A technical college established under this section that fails to achieve higher education institutional accreditation from an accrediting agency recognized by the United States Department of Education within eight (8) years following the date of conversion shall be abolished by the Arkansas Higher Education Coordinating Board.

(2) All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the Division of Higher Education.

(h) (1) No state-supported vocational and technical institution in this state other than those provided for by this chapter shall convert to become a technical college if there is an existing community college located within the same county as the vocational and technical institution. (2) The local board of any state-supported postsecondary institution and the board of a community college located within the same county, upon passage of a resolution by each board and with the approval by the Arkansas Higher Education Coordinating Board and an accrediting agency recognized by the United States Department of Education, may merge the state-supported postsecondary institution with the community college.

(1) No state-supported vocational and technical institution in this state other than those provided for by this chapter shall convert to become a technical college if there is an existing community college located within the same county as the vocational and technical institution.

(2) The local board of any state-supported postsecondary institution and the board of a community college located within the same county, upon passage of a resolution by each board and with the approval by the Arkansas Higher Education Coordinating Board and an accrediting agency recognized by the United States Department of Education, may merge the state-supported postsecondary institution with the community college.

Amended by Act 2019, No. 910,§ 1932, eff. 7/1/2019.

Amended by Act 2015, No. 865,§ 8, eff. 7/22/2015.

Amended by Act 2015, No. 865,§ 7, eff. 7/22/2015.

Amended by Act 2015, No. 865,§ 6, eff. 7/22/2015.

Acts 1991, No. 1244, §§ 15, 21; 1991, No. 1246, § 11; 1995, No. 603, § 1.
Ark. Code Ann. § 6-20-2101 — AR Code / Title 6 / Chapter 20 / Subchapter 21 / Section 6-20-2101
Purpose
Status: in_force

The purpose of this subchapter is to track and account for the amount of state funds that is used to support interschool scholastic activities in public schools. Acts 2003 (2nd Ex. Sess.), No. 52, § 2.

The purpose of this subchapter is to track and account for the amount of state funds that is used to support interschool scholastic activities in public schools.

Acts 2003 (2nd Ex. Sess.), No. 52, § 2.
Ark. Code Ann. § 6-15-2912 — AR Code / Title 6 / Chapter 15 / Subchapter 29 / Section 6-15-2912
Educator excellence - Intent
Status: in_force

(a) It is the intent of the General Assembly that all students in Arkansas public schools be taught by qualified and effective educators and that low-income or minority students not be taught at disproportionate rates by educators who are ineffective, inexperienced, or teaching a subject for which they are not currently licensed. (b) The State Board of Education may promulgate rules that promote the state's goal of providing all Arkansas public school students with qualified and effective educators and include without limitation: (1) Systems to support educator effectiveness; (2) The method of reporting educator effectiveness by public schools and school districts, including without limitation: (A) The professional qualifications of educators; and (B) The number and percentage of: (i) Teacher educators, principals, and school leaders who are inexperienced; (ii) Educators with emergency or provisional credentials; and (iii) Educators who are teaching a subject for which they are not currently licensed; and (3) The methods of calculating and reporting the rate at which low-income and minority students are disproportionately taught by educators who are ineffective, inexperienced, or teaching a subject for which they are not currently licensed. (c) Each public school and school district shall: (1) Report the data needed by the Division of Elementary and Secondary Education to identify and evaluate educator effectiveness in accordance with state and federal reporting requirements; and (2) Ensure that its educators provide instruction that aligns with the academic standards established to prepare students to demonstrate the skills and competencies necessary for successful academic growth and high school graduation. Amended by Act 2019, No. 910,§ 1303, eff. 7/1/2019. Added by Act 2017, No. 930,§ 2, eff. 8/1/2017.

(a) It is the intent of the General Assembly that all students in Arkansas public schools be taught by qualified and effective educators and that low-income or minority students not be taught at disproportionate rates by educators who are ineffective, inexperienced, or teaching a subject for which they are not currently licensed.

(b) The State Board of Education may promulgate rules that promote the state's goal of providing all Arkansas public school students with qualified and effective educators and include without limitation: (1) Systems to support educator effectiveness; (2) The method of reporting educator effectiveness by public schools and school districts, including without limitation: (A) The professional qualifications of educators; and (B) The number and percentage of: (i) Teacher educators, principals, and school leaders who are inexperienced; (ii) Educators with emergency or provisional credentials; and (iii) Educators who are teaching a subject for which they are not currently licensed; and (3) The methods of calculating and reporting the rate at which low-income and minority students are disproportionately taught by educators who are ineffective, inexperienced, or teaching a subject for which they are not currently licensed.

(1) Systems to support educator effectiveness;

(2) The method of reporting educator effectiveness by public schools and school districts, including without limitation: (A) The professional qualifications of educators; and (B) The number and percentage of: (i) Teacher educators, principals, and school leaders who are inexperienced; (ii) Educators with emergency or provisional credentials; and (iii) Educators who are teaching a subject for which they are not currently licensed; and

(A) The professional qualifications of educators; and

(B) The number and percentage of: (i) Teacher educators, principals, and school leaders who are inexperienced; (ii) Educators with emergency or provisional credentials; and (iii) Educators who are teaching a subject for which they are not currently licensed; and

(i) Teacher educators, principals, and school leaders who are inexperienced;

(ii) Educators with emergency or provisional credentials; and

(iii) Educators who are teaching a subject for which they are not currently licensed; and

(3) The methods of calculating and reporting the rate at which low-income and minority students are disproportionately taught by educators who are ineffective, inexperienced, or teaching a subject for which they are not currently licensed.

(c) Each public school and school district shall: (1) Report the data needed by the Division of Elementary and Secondary Education to identify and evaluate educator effectiveness in accordance with state and federal reporting requirements; and (2) Ensure that its educators provide instruction that aligns with the academic standards established to prepare students to demonstrate the skills and competencies necessary for successful academic growth and high school graduation.

(1) Report the data needed by the Division of Elementary and Secondary Education to identify and evaluate educator effectiveness in accordance with state and federal reporting requirements; and

(2) Ensure that its educators provide instruction that aligns with the academic standards established to prepare students to demonstrate the skills and competencies necessary for successful academic growth and high school graduation.

Amended by Act 2019, No. 910,§ 1303, eff. 7/1/2019.

Added by Act 2017, No. 930,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 6-10-106 — AR Code / Title 6 / Chapter 10 / Section 6-10-106
Uniform dates for beginning and end of school year - Definition
Status: in_force

(a) (1) (A) Each school year, each public school district board of directors and governing entity of an open-enrollment public charter school shall establish by policy the first day of the school year for student attendance in public elementary and secondary schools . (B) The first day of the school year for student attendance established under subdivision (a)(1)(A) of this section shall ensure compliance with the number of student-teacher interaction days or hours required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the State Board of Education. (2) Labor Day shall be celebrated as a school holiday in all the school districts of the state, and school shall not be held on that date. (3) As used in this section, "week" means a seven-day period that begins on a Sunday and ends on a Saturday. (b) Contracts of employment for employees in licensed personnel positions and employees in nonlicensed personnel positions of school districts may require school district employees to begin performance under their contract of employment before the first day of student attendance. (c) (1) If the school year in any school district extends beyond the date observed as Memorial Day, such date shall be a holiday in the school district. (2) Provided, upon approval of the division, this date may be used as a make-up day in any school district which has unavoidably lost more than five (5) scheduled days of student attendance during the course of the school year due to contagious disease outbreaks, inclement weather, or other acts of God. (d) (1) A public school district that provides a week-long holiday for spring break shall schedule the spring break holiday for five (5) consecutive school days beginning on the Monday of the thirty-eighth week of the school year. (2) The thirty-eighth week of the school year shall be calculated by counting as week one the first week in July that begins on a Sunday. (3) Nothing in this subsection shall prevent a public school district from providing fewer than five (5) consecutive school days for the spring break holiday to comply with the division's requirement for a minimum number of days for student attendance under the Standards for Accreditation of Arkansas Public Schools and School Districts. (e) The division shall not grant a waiver from the requirements of this section unless this section specifically authorizes the waiver. (f) Except as provided under subsection (g) of this section, a school district shall adopt an academic calendar that includes five (5) make-up days, in addition to the number of student-teacher interaction days required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the state board, for days unavoidably lost due to exceptional or emergency circumstances resulting from a contagious disease outbreak, inclement weather, or other acts of God. (g) (1) Beginning with the 2022-2023 school year, a public school district board of directors may elect to implement an alternate school calendar. (2) (A) An alternate school calendar implemented under subdivision (g)(1) of this section shall consist of: (i) At least one thousand sixty-eight (1,068) hours of instructional time; and (ii) (a) At least thirty (30) make-up hours, in addition to the number of hours required of instructional time, for days unavoidably lost due to exceptional or emergency circumstances resulting from inclement weather. (b) If additional make-up hours are needed, the public school district board of directors shall modify its alternate school calendar to include make-up hours for the additional hours needed. (B) However, there shall not be a minimum number of school days required to meet the required one thousand sixty-eight (1,068) hours of instructional time. (3) (A) A public school district board of directors that elects to implement an alternate school calendar under subdivision (g)(1) of this section shall: (i) Notify the division by July 1 of each year that the public school district intends to implement the alternate school calendar; (ii) Post the alternate school calendar on the public school district's website by August 1 of each year that the public school district intends to implement the alternate school calendar; and (iii) Input into eSchool, eFinance, or the Arkansas Public School Computer Network all data that: (a) Affects the average daily membership of the public school district; and (b) Ensures compliance with the required minimum number of school instructional hours under subdivision (g)(2)(A)(i) of this section. (B) A public school district that implements an alternate school calendar under subdivision (g)(1) of this section may submit an application to operate a virtual learning option. (4) The total number of instructional hours under an alternate school calendar shall be converted to school days for purposes of the: (A) Number of days required in a teacher employment basic contract under § 6-17-2402(1) ; (B) Number of days counted during the official reporting period for attendance under § 6-18-213(b)(1) ; and (C) Average daily membership calculated under § 6-20-2303(3) . (5) The division may promulgate rules as necessary to administer this section. Amended by Act 2024, No. 146,§ 28, eff. 7/1/2024. Amended by Act 2024, No. 146,§ 27, eff. 7/1/2024. Amended by Act 2023, No. 729,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 26,§ 1, eff. 1/30/2023. Amended by Act 2022, No. 217,§ 34, eff. 7/1/2022. Amended by Act 2021, No. 688,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 688,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 688,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 1075, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1074, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1073, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1072, eff. 7/1/2019. Amended by Act 2013, No. 1138,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1073,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 75,§ 1, eff. 8/16/2013. Acts 1983 (Ex. Sess.), No. 6, §§ 1, 2; A.S.A. 1947, §§ 80-1506.1, 80-1506.2; Acts 1989, No. 461, § 1; 1993, No. 103, § 1; 2009, No. 424, § 1; 2009, No. 1469, § 1; 2011, No. 46, § 1; 2011, No. 65, § 1.

(a) (1) (A) Each school year, each public school district board of directors and governing entity of an open-enrollment public charter school shall establish by policy the first day of the school year for student attendance in public elementary and secondary schools . (B) The first day of the school year for student attendance established under subdivision (a)(1)(A) of this section shall ensure compliance with the number of student-teacher interaction days or hours required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the State Board of Education. (2) Labor Day shall be celebrated as a school holiday in all the school districts of the state, and school shall not be held on that date. (3) As used in this section, "week" means a seven-day period that begins on a Sunday and ends on a Saturday.

(1) (A) Each school year, each public school district board of directors and governing entity of an open-enrollment public charter school shall establish by policy the first day of the school year for student attendance in public elementary and secondary schools . (B) The first day of the school year for student attendance established under subdivision (a)(1)(A) of this section shall ensure compliance with the number of student-teacher interaction days or hours required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the State Board of Education.

(A) Each school year, each public school district board of directors and governing entity of an open-enrollment public charter school shall establish by policy the first day of the school year for student attendance in public elementary and secondary schools .

.

(B) The first day of the school year for student attendance established under subdivision (a)(1)(A) of this section shall ensure compliance with the number of student-teacher interaction days or hours required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the State Board of Education.

(2) Labor Day shall be celebrated as a school holiday in all the school districts of the state, and school shall not be held on that date.

(3) As used in this section, "week" means a seven-day period that begins on a Sunday and ends on a Saturday.

(b) Contracts of employment for employees in licensed personnel positions and employees in nonlicensed personnel positions of school districts may require school district employees to begin performance under their contract of employment before the first day of student attendance.

(c) (1) If the school year in any school district extends beyond the date observed as Memorial Day, such date shall be a holiday in the school district. (2) Provided, upon approval of the division, this date may be used as a make-up day in any school district which has unavoidably lost more than five (5) scheduled days of student attendance during the course of the school year due to contagious disease outbreaks, inclement weather, or other acts of God.

(1) If the school year in any school district extends beyond the date observed as Memorial Day, such date shall be a holiday in the school district.

(2) Provided, upon approval of the division, this date may be used as a make-up day in any school district which has unavoidably lost more than five (5) scheduled days of student attendance during the course of the school year due to contagious disease outbreaks, inclement weather, or other acts of God.

(d) (1) A public school district that provides a week-long holiday for spring break shall schedule the spring break holiday for five (5) consecutive school days beginning on the Monday of the thirty-eighth week of the school year. (2) The thirty-eighth week of the school year shall be calculated by counting as week one the first week in July that begins on a Sunday. (3) Nothing in this subsection shall prevent a public school district from providing fewer than five (5) consecutive school days for the spring break holiday to comply with the division's requirement for a minimum number of days for student attendance under the Standards for Accreditation of Arkansas Public Schools and School Districts.

(1) A public school district that provides a week-long holiday for spring break shall schedule the spring break holiday for five (5) consecutive school days beginning on the Monday of the thirty-eighth week of the school year.

(2) The thirty-eighth week of the school year shall be calculated by counting as week one the first week in July that begins on a Sunday.

(3) Nothing in this subsection shall prevent a public school district from providing fewer than five (5) consecutive school days for the spring break holiday to comply with the division's requirement for a minimum number of days for student attendance under the Standards for Accreditation of Arkansas Public Schools and School Districts.

(e) The division shall not grant a waiver from the requirements of this section unless this section specifically authorizes the waiver.

(f) Except as provided under subsection (g) of this section, a school district shall adopt an academic calendar that includes five (5) make-up days, in addition to the number of student-teacher interaction days required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the state board, for days unavoidably lost due to exceptional or emergency circumstances resulting from a contagious disease outbreak, inclement weather, or other acts of God.

(g) (1) Beginning with the 2022-2023 school year, a public school district board of directors may elect to implement an alternate school calendar. (2) (A) An alternate school calendar implemented under subdivision (g)(1) of this section shall consist of: (i) At least one thousand sixty-eight (1,068) hours of instructional time; and (ii) (a) At least thirty (30) make-up hours, in addition to the number of hours required of instructional time, for days unavoidably lost due to exceptional or emergency circumstances resulting from inclement weather. (b) If additional make-up hours are needed, the public school district board of directors shall modify its alternate school calendar to include make-up hours for the additional hours needed. (B) However, there shall not be a minimum number of school days required to meet the required one thousand sixty-eight (1,068) hours of instructional time. (3) (A) A public school district board of directors that elects to implement an alternate school calendar under subdivision (g)(1) of this section shall: (i) Notify the division by July 1 of each year that the public school district intends to implement the alternate school calendar; (ii) Post the alternate school calendar on the public school district's website by August 1 of each year that the public school district intends to implement the alternate school calendar; and (iii) Input into eSchool, eFinance, or the Arkansas Public School Computer Network all data that: (a) Affects the average daily membership of the public school district; and (b) Ensures compliance with the required minimum number of school instructional hours under subdivision (g)(2)(A)(i) of this section. (B) A public school district that implements an alternate school calendar under subdivision (g)(1) of this section may submit an application to operate a virtual learning option. (4) The total number of instructional hours under an alternate school calendar shall be converted to school days for purposes of the: (A) Number of days required in a teacher employment basic contract under § 6-17-2402(1) ; (B) Number of days counted during the official reporting period for attendance under § 6-18-213(b)(1) ; and (C) Average daily membership calculated under § 6-20-2303(3) . (5) The division may promulgate rules as necessary to administer this section.

(1) Beginning with the 2022-2023 school year, a public school district board of directors may elect to implement an alternate school calendar.

(2) (A) An alternate school calendar implemented under subdivision (g)(1) of this section shall consist of: (i) At least one thousand sixty-eight (1,068) hours of instructional time; and (ii) (a) At least thirty (30) make-up hours, in addition to the number of hours required of instructional time, for days unavoidably lost due to exceptional or emergency circumstances resulting from inclement weather. (b) If additional make-up hours are needed, the public school district board of directors shall modify its alternate school calendar to include make-up hours for the additional hours needed. (B) However, there shall not be a minimum number of school days required to meet the required one thousand sixty-eight (1,068) hours of instructional time.

(A) An alternate school calendar implemented under subdivision (g)(1) of this section shall consist of: (i) At least one thousand sixty-eight (1,068) hours of instructional time; and (ii) (a) At least thirty (30) make-up hours, in addition to the number of hours required of instructional time, for days unavoidably lost due to exceptional or emergency circumstances resulting from inclement weather. (b) If additional make-up hours are needed, the public school district board of directors shall modify its alternate school calendar to include make-up hours for the additional hours needed.

(i) At least one thousand sixty-eight (1,068) hours of instructional time; and

(ii) (a) At least thirty (30) make-up hours, in addition to the number of hours required of instructional time, for days unavoidably lost due to exceptional or emergency circumstances resulting from inclement weather. (b) If additional make-up hours are needed, the public school district board of directors shall modify its alternate school calendar to include make-up hours for the additional hours needed.

(a) At least thirty (30) make-up hours, in addition to the number of hours required of instructional time, for days unavoidably lost due to exceptional or emergency circumstances resulting from inclement weather.

(b) If additional make-up hours are needed, the public school district board of directors shall modify its alternate school calendar to include make-up hours for the additional hours needed.

(B) However, there shall not be a minimum number of school days required to meet the required one thousand sixty-eight (1,068) hours of instructional time.

(3) (A) A public school district board of directors that elects to implement an alternate school calendar under subdivision (g)(1) of this section shall: (i) Notify the division by July 1 of each year that the public school district intends to implement the alternate school calendar; (ii) Post the alternate school calendar on the public school district's website by August 1 of each year that the public school district intends to implement the alternate school calendar; and (iii) Input into eSchool, eFinance, or the Arkansas Public School Computer Network all data that: (a) Affects the average daily membership of the public school district; and (b) Ensures compliance with the required minimum number of school instructional hours under subdivision (g)(2)(A)(i) of this section. (B) A public school district that implements an alternate school calendar under subdivision (g)(1) of this section may submit an application to operate a virtual learning option.

(A) A public school district board of directors that elects to implement an alternate school calendar under subdivision (g)(1) of this section shall: (i) Notify the division by July 1 of each year that the public school district intends to implement the alternate school calendar; (ii) Post the alternate school calendar on the public school district's website by August 1 of each year that the public school district intends to implement the alternate school calendar; and (iii) Input into eSchool, eFinance, or the Arkansas Public School Computer Network all data that: (a) Affects the average daily membership of the public school district; and (b) Ensures compliance with the required minimum number of school instructional hours under subdivision (g)(2)(A)(i) of this section.

(i) Notify the division by July 1 of each year that the public school district intends to implement the alternate school calendar;

(ii) Post the alternate school calendar on the public school district's website by August 1 of each year that the public school district intends to implement the alternate school calendar; and

(iii) Input into eSchool, eFinance, or the Arkansas Public School Computer Network all data that: (a) Affects the average daily membership of the public school district; and (b) Ensures compliance with the required minimum number of school instructional hours under subdivision (g)(2)(A)(i) of this section.

(a) Affects the average daily membership of the public school district; and

(b) Ensures compliance with the required minimum number of school instructional hours under subdivision (g)(2)(A)(i) of this section.

(B) A public school district that implements an alternate school calendar under subdivision (g)(1) of this section may submit an application to operate a virtual learning option.

(4) The total number of instructional hours under an alternate school calendar shall be converted to school days for purposes of the: (A) Number of days required in a teacher employment basic contract under § 6-17-2402(1) ; (B) Number of days counted during the official reporting period for attendance under § 6-18-213(b)(1) ; and (C) Average daily membership calculated under § 6-20-2303(3) .

(A) Number of days required in a teacher employment basic contract under § 6-17-2402(1) ;

(B) Number of days counted during the official reporting period for attendance under § 6-18-213(b)(1) ; and

(C) Average daily membership calculated under § 6-20-2303(3) .

(5) The division may promulgate rules as necessary to administer this section.

Amended by Act 2024, No. 146,§ 28, eff. 7/1/2024.

Amended by Act 2024, No. 146,§ 27, eff. 7/1/2024.

Amended by Act 2023, No. 729,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 26,§ 1, eff. 1/30/2023.

Amended by Act 2022, No. 217,§ 34, eff. 7/1/2022.

Amended by Act 2021, No. 688,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 688,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 688,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 1075, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1074, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1073, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1072, eff. 7/1/2019.

Amended by Act 2013, No. 1138,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1073,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 75,§ 1, eff. 8/16/2013.

Acts 1983 (Ex. Sess.), No. 6, §§ 1, 2; A.S.A. 1947, §§ 80-1506.1, 80-1506.2; Acts 1989, No. 461, § 1; 1993, No. 103, § 1; 2009, No. 424, § 1; 2009, No. 1469, § 1; 2011, No. 46, § 1; 2011, No. 65, § 1.
Ark. Code Ann. § 6-81-1204 — AR Code / Title 6 / Chapter 81 / Subchapter 12 / Section 6-81-1204
Graduate nursing students - Rural advanced nursing practice or nurse educator loan contracts - Obligations and conditions
Status: in_force

(a) (1) (A) The maximum amount of each master's rural advanced nursing practice or nurse educator loan for full-time applicants shall not exceed eight thousand dollars ($8,000) per academic year. (B) The maximum amount of each Doctor of Philosophy in nursing loan for full-time applicants shall not exceed twenty thousand dollars ($20,000) per academic year. (C) Loans for part-time applicants shall be prorated as determined by the Graduate Nurse Educator Loan and Scholarship Board. (2) (A) The maximum number of years a master's recipient may receive funding shall not exceed two (2) years or four (4) regular academic semesters of full-time enrollment or four (4) years or eight (8) regular academic semesters of part-time enrollment. (B) The maximum number of years a doctoral recipient may receive funding shall not exceed four (4) years or eight (8) regular academic semesters of full-time enrollment or six (6) years or twelve (12) regular academic semesters of part-time enrollment. (b) (1) The board shall enter a loan contract with the applicant to whom a rural advanced nursing practice or nurse educator loan is made. (2) The rural advanced nursing practice or nurse educator loan contract shall be approved by the Attorney General and shall be signed by the Chair of the Graduate Nurse Educator Loan and Scholarship Board and the applicant. (c) Each applicant to whom an advanced nursing practice or nurse educator loan or loans is granted by the board shall execute a written loan contract which shall incorporate the following obligations and conditions: (1) (A) (i) The recipient of an advanced nursing practice or nurse educator loan or loans shall bindingly contract that, upon completion of his or her graduate degree in nursing and upon national certification as a nurse practitioner, nurse anesthetist, nurse midwife, clinical nurse specialist, or nursing supervisor in the case of recipients of advanced nursing practice loans, he or she shall practice as an advanced nursing practitioner full time in an Arkansas rural community or the Department of Health. (ii) In the case of the nurse educator recipient, he or she shall teach full time during the academic year in an Arkansas school of nursing or as a nurse administrator or work as a nursing administrator in an Arkansas complex healthcare agency for one (1) year. (B) For each continuous whole calendar year of advanced nursing or academic calendar year for teaching or calendar year for nursing administration in accordance with subdivision (c)(1)(A) of this section, the board shall cancel, by converting to a scholarship grant, the full amount of one (1) year's loan, plus accrued interest; and (2) (A) In the event that any advanced nursing practice or nurse educator loan recipient under this subchapter does not engage in the practice of advanced nursing practice, teach in an Arkansas school of nursing, or serve as a nursing administrator in an Arkansas complex healthcare agency in accordance with the terms of this section and of his or her loan contract in order to have the loan contract recognized as a scholarship, the recipient shall remain obligated to repay the loan or loans received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per annum, whichever is the lesser, the interest to accrue from the date each payment of funds was received by the recipient. (B) No interest shall accrue nor obligation to repay the principal sums accrued during any period of time that the recipient involuntarily serves on active duty in the United States Armed Forces or state active duty in the Arkansas National Guard. (C) Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events: (i) Failure to remain enrolled continuously and in good academic standing to completion of a graduate nursing degree for any reason other than temporary personal illness; (ii) (a) Failure to practice as an advanced nursing practitioner on a regularly sustained basis while residing in an Arkansas community or working in a Department of Public Health unit, as defined in § 6-81-1201 , or failure to serve as a nursing faculty member in an Arkansas school of nursing or serve as a nursing administrator in an Arkansas complex healthcare agency. (b) However, the board may waive the residency requirement on a case-by-case basis; or (iii) Failure to establish an advanced nursing practice within six (6) months following graduation from an accredited graduate nursing program or within six (6) months after receiving national certification, whichever is later, or failure to assume a nurse faculty position in an Arkansas school of nursing or to assume a nursing administrator position in an Arkansas complex healthcare agency within six (6) months following graduation unless otherwise deferred by approval of the board. (D) In the event of the death of the recipient, all loans unpaid shall be due and payable. (d) The board may amend agreements entered into with any student who is currently enrolled as a graduate nursing student as approved by the board pursuant to this section. Amended by Act 2019, No. 462,§ 2, eff. 7/24/2019. Acts 1995, No. 911, § 1; 1999, No. 1311, § 4; 2001, No. 787, § 4; 2005, No. 1468, § 4.

(a) (1) (A) The maximum amount of each master's rural advanced nursing practice or nurse educator loan for full-time applicants shall not exceed eight thousand dollars ($8,000) per academic year. (B) The maximum amount of each Doctor of Philosophy in nursing loan for full-time applicants shall not exceed twenty thousand dollars ($20,000) per academic year. (C) Loans for part-time applicants shall be prorated as determined by the Graduate Nurse Educator Loan and Scholarship Board. (2) (A) The maximum number of years a master's recipient may receive funding shall not exceed two (2) years or four (4) regular academic semesters of full-time enrollment or four (4) years or eight (8) regular academic semesters of part-time enrollment. (B) The maximum number of years a doctoral recipient may receive funding shall not exceed four (4) years or eight (8) regular academic semesters of full-time enrollment or six (6) years or twelve (12) regular academic semesters of part-time enrollment.

(1) (A) The maximum amount of each master's rural advanced nursing practice or nurse educator loan for full-time applicants shall not exceed eight thousand dollars ($8,000) per academic year. (B) The maximum amount of each Doctor of Philosophy in nursing loan for full-time applicants shall not exceed twenty thousand dollars ($20,000) per academic year. (C) Loans for part-time applicants shall be prorated as determined by the Graduate Nurse Educator Loan and Scholarship Board.

(A) The maximum amount of each master's rural advanced nursing practice or nurse educator loan for full-time applicants shall not exceed eight thousand dollars ($8,000) per academic year.

(B) The maximum amount of each Doctor of Philosophy in nursing loan for full-time applicants shall not exceed twenty thousand dollars ($20,000) per academic year.

(C) Loans for part-time applicants shall be prorated as determined by the Graduate Nurse Educator Loan and Scholarship Board.

(2) (A) The maximum number of years a master's recipient may receive funding shall not exceed two (2) years or four (4) regular academic semesters of full-time enrollment or four (4) years or eight (8) regular academic semesters of part-time enrollment. (B) The maximum number of years a doctoral recipient may receive funding shall not exceed four (4) years or eight (8) regular academic semesters of full-time enrollment or six (6) years or twelve (12) regular academic semesters of part-time enrollment.

(A) The maximum number of years a master's recipient may receive funding shall not exceed two (2) years or four (4) regular academic semesters of full-time enrollment or four (4) years or eight (8) regular academic semesters of part-time enrollment.

(B) The maximum number of years a doctoral recipient may receive funding shall not exceed four (4) years or eight (8) regular academic semesters of full-time enrollment or six (6) years or twelve (12) regular academic semesters of part-time enrollment.

(b) (1) The board shall enter a loan contract with the applicant to whom a rural advanced nursing practice or nurse educator loan is made. (2) The rural advanced nursing practice or nurse educator loan contract shall be approved by the Attorney General and shall be signed by the Chair of the Graduate Nurse Educator Loan and Scholarship Board and the applicant.

(1) The board shall enter a loan contract with the applicant to whom a rural advanced nursing practice or nurse educator loan is made.

(2) The rural advanced nursing practice or nurse educator loan contract shall be approved by the Attorney General and shall be signed by the Chair of the Graduate Nurse Educator Loan and Scholarship Board and the applicant.

(c) Each applicant to whom an advanced nursing practice or nurse educator loan or loans is granted by the board shall execute a written loan contract which shall incorporate the following obligations and conditions: (1) (A) (i) The recipient of an advanced nursing practice or nurse educator loan or loans shall bindingly contract that, upon completion of his or her graduate degree in nursing and upon national certification as a nurse practitioner, nurse anesthetist, nurse midwife, clinical nurse specialist, or nursing supervisor in the case of recipients of advanced nursing practice loans, he or she shall practice as an advanced nursing practitioner full time in an Arkansas rural community or the Department of Health. (ii) In the case of the nurse educator recipient, he or she shall teach full time during the academic year in an Arkansas school of nursing or as a nurse administrator or work as a nursing administrator in an Arkansas complex healthcare agency for one (1) year. (B) For each continuous whole calendar year of advanced nursing or academic calendar year for teaching or calendar year for nursing administration in accordance with subdivision (c)(1)(A) of this section, the board shall cancel, by converting to a scholarship grant, the full amount of one (1) year's loan, plus accrued interest; and (2) (A) In the event that any advanced nursing practice or nurse educator loan recipient under this subchapter does not engage in the practice of advanced nursing practice, teach in an Arkansas school of nursing, or serve as a nursing administrator in an Arkansas complex healthcare agency in accordance with the terms of this section and of his or her loan contract in order to have the loan contract recognized as a scholarship, the recipient shall remain obligated to repay the loan or loans received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per annum, whichever is the lesser, the interest to accrue from the date each payment of funds was received by the recipient. (B) No interest shall accrue nor obligation to repay the principal sums accrued during any period of time that the recipient involuntarily serves on active duty in the United States Armed Forces or state active duty in the Arkansas National Guard. (C) Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events: (i) Failure to remain enrolled continuously and in good academic standing to completion of a graduate nursing degree for any reason other than temporary personal illness; (ii) (a) Failure to practice as an advanced nursing practitioner on a regularly sustained basis while residing in an Arkansas community or working in a Department of Public Health unit, as defined in § 6-81-1201 , or failure to serve as a nursing faculty member in an Arkansas school of nursing or serve as a nursing administrator in an Arkansas complex healthcare agency. (b) However, the board may waive the residency requirement on a case-by-case basis; or (iii) Failure to establish an advanced nursing practice within six (6) months following graduation from an accredited graduate nursing program or within six (6) months after receiving national certification, whichever is later, or failure to assume a nurse faculty position in an Arkansas school of nursing or to assume a nursing administrator position in an Arkansas complex healthcare agency within six (6) months following graduation unless otherwise deferred by approval of the board. (D) In the event of the death of the recipient, all loans unpaid shall be due and payable.

(1) (A) (i) The recipient of an advanced nursing practice or nurse educator loan or loans shall bindingly contract that, upon completion of his or her graduate degree in nursing and upon national certification as a nurse practitioner, nurse anesthetist, nurse midwife, clinical nurse specialist, or nursing supervisor in the case of recipients of advanced nursing practice loans, he or she shall practice as an advanced nursing practitioner full time in an Arkansas rural community or the Department of Health. (ii) In the case of the nurse educator recipient, he or she shall teach full time during the academic year in an Arkansas school of nursing or as a nurse administrator or work as a nursing administrator in an Arkansas complex healthcare agency for one (1) year. (B) For each continuous whole calendar year of advanced nursing or academic calendar year for teaching or calendar year for nursing administration in accordance with subdivision (c)(1)(A) of this section, the board shall cancel, by converting to a scholarship grant, the full amount of one (1) year's loan, plus accrued interest; and

(A) (i) The recipient of an advanced nursing practice or nurse educator loan or loans shall bindingly contract that, upon completion of his or her graduate degree in nursing and upon national certification as a nurse practitioner, nurse anesthetist, nurse midwife, clinical nurse specialist, or nursing supervisor in the case of recipients of advanced nursing practice loans, he or she shall practice as an advanced nursing practitioner full time in an Arkansas rural community or the Department of Health. (ii) In the case of the nurse educator recipient, he or she shall teach full time during the academic year in an Arkansas school of nursing or as a nurse administrator or work as a nursing administrator in an Arkansas complex healthcare agency for one (1) year.

(i) The recipient of an advanced nursing practice or nurse educator loan or loans shall bindingly contract that, upon completion of his or her graduate degree in nursing and upon national certification as a nurse practitioner, nurse anesthetist, nurse midwife, clinical nurse specialist, or nursing supervisor in the case of recipients of advanced nursing practice loans, he or she shall practice as an advanced nursing practitioner full time in an Arkansas rural community or the Department of Health.

(ii) In the case of the nurse educator recipient, he or she shall teach full time during the academic year in an Arkansas school of nursing or as a nurse administrator or work as a nursing administrator in an Arkansas complex healthcare agency for one (1) year.

(B) For each continuous whole calendar year of advanced nursing or academic calendar year for teaching or calendar year for nursing administration in accordance with subdivision (c)(1)(A) of this section, the board shall cancel, by converting to a scholarship grant, the full amount of one (1) year's loan, plus accrued interest; and

(2) (A) In the event that any advanced nursing practice or nurse educator loan recipient under this subchapter does not engage in the practice of advanced nursing practice, teach in an Arkansas school of nursing, or serve as a nursing administrator in an Arkansas complex healthcare agency in accordance with the terms of this section and of his or her loan contract in order to have the loan contract recognized as a scholarship, the recipient shall remain obligated to repay the loan or loans received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per annum, whichever is the lesser, the interest to accrue from the date each payment of funds was received by the recipient. (B) No interest shall accrue nor obligation to repay the principal sums accrued during any period of time that the recipient involuntarily serves on active duty in the United States Armed Forces or state active duty in the Arkansas National Guard. (C) Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events: (i) Failure to remain enrolled continuously and in good academic standing to completion of a graduate nursing degree for any reason other than temporary personal illness; (ii) (a) Failure to practice as an advanced nursing practitioner on a regularly sustained basis while residing in an Arkansas community or working in a Department of Public Health unit, as defined in § 6-81-1201 , or failure to serve as a nursing faculty member in an Arkansas school of nursing or serve as a nursing administrator in an Arkansas complex healthcare agency. (b) However, the board may waive the residency requirement on a case-by-case basis; or (iii) Failure to establish an advanced nursing practice within six (6) months following graduation from an accredited graduate nursing program or within six (6) months after receiving national certification, whichever is later, or failure to assume a nurse faculty position in an Arkansas school of nursing or to assume a nursing administrator position in an Arkansas complex healthcare agency within six (6) months following graduation unless otherwise deferred by approval of the board. (D) In the event of the death of the recipient, all loans unpaid shall be due and payable.

(A) In the event that any advanced nursing practice or nurse educator loan recipient under this subchapter does not engage in the practice of advanced nursing practice, teach in an Arkansas school of nursing, or serve as a nursing administrator in an Arkansas complex healthcare agency in accordance with the terms of this section and of his or her loan contract in order to have the loan contract recognized as a scholarship, the recipient shall remain obligated to repay the loan or loans received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per annum, whichever is the lesser, the interest to accrue from the date each payment of funds was received by the recipient.

(B) No interest shall accrue nor obligation to repay the principal sums accrued during any period of time that the recipient involuntarily serves on active duty in the United States Armed Forces or state active duty in the Arkansas National Guard.

(C) Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events: (i) Failure to remain enrolled continuously and in good academic standing to completion of a graduate nursing degree for any reason other than temporary personal illness; (ii) (a) Failure to practice as an advanced nursing practitioner on a regularly sustained basis while residing in an Arkansas community or working in a Department of Public Health unit, as defined in § 6-81-1201 , or failure to serve as a nursing faculty member in an Arkansas school of nursing or serve as a nursing administrator in an Arkansas complex healthcare agency. (b) However, the board may waive the residency requirement on a case-by-case basis; or (iii) Failure to establish an advanced nursing practice within six (6) months following graduation from an accredited graduate nursing program or within six (6) months after receiving national certification, whichever is later, or failure to assume a nurse faculty position in an Arkansas school of nursing or to assume a nursing administrator position in an Arkansas complex healthcare agency within six (6) months following graduation unless otherwise deferred by approval of the board.

(i) Failure to remain enrolled continuously and in good academic standing to completion of a graduate nursing degree for any reason other than temporary personal illness;

(ii) (a) Failure to practice as an advanced nursing practitioner on a regularly sustained basis while residing in an Arkansas community or working in a Department of Public Health unit, as defined in § 6-81-1201 , or failure to serve as a nursing faculty member in an Arkansas school of nursing or serve as a nursing administrator in an Arkansas complex healthcare agency. (b) However, the board may waive the residency requirement on a case-by-case basis; or

(a) Failure to practice as an advanced nursing practitioner on a regularly sustained basis while residing in an Arkansas community or working in a Department of Public Health unit, as defined in § 6-81-1201 , or failure to serve as a nursing faculty member in an Arkansas school of nursing or serve as a nursing administrator in an Arkansas complex healthcare agency.

(b) However, the board may waive the residency requirement on a case-by-case basis; or

(iii) Failure to establish an advanced nursing practice within six (6) months following graduation from an accredited graduate nursing program or within six (6) months after receiving national certification, whichever is later, or failure to assume a nurse faculty position in an Arkansas school of nursing or to assume a nursing administrator position in an Arkansas complex healthcare agency within six (6) months following graduation unless otherwise deferred by approval of the board.

(D) In the event of the death of the recipient, all loans unpaid shall be due and payable.

(d) The board may amend agreements entered into with any student who is currently enrolled as a graduate nursing student as approved by the board pursuant to this section.

Amended by Act 2019, No. 462,§ 2, eff. 7/24/2019.

Acts 1995, No. 911, § 1; 1999, No. 1311, § 4; 2001, No. 787, § 4; 2005, No. 1468, § 4.
Ark. Code Ann. § 6-20-1909 — AR Code / Title 6 / Chapter 20 / Subchapter 19 / Section 6-20-1909
Division fiscal distress actions
Status: in_force

(a) In addressing public school districts in fiscal distress, the Commissioner of Elementary and Secondary Education may: (1) Remove permanently, reassign, or suspend on a temporary basis the superintendent of the public school district and: (A) Appoint an individual in place of the superintendent to administratively operate the public school district under the supervision and approval of the commissioner; (B) Compensate nondivision agents operating the public school district from public school district funding; and (C) Authorize an individual appointed under subdivision (a)(1)(A) of this section to remove, replace, reassign, or suspend public school district personnel in accordance with state law; (2) Suspend or remove some or all of the current board of directors and call for the election of a new board of directors for the public school district, in which case the public school district shall reimburse the county board of election commissioners for election costs as otherwise recognized by law; (3) (A) Suspend on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 6-13-620 or any other law but allow the public school district board of directors to continue to operate under the direction and approval of the commissioner. (B) The State Board of Education shall define the powers and duties of the public school district board of directors while the public school district board of directors is operating under the direction and approval of the commissioner under subdivision (a)(3)(A) of this section. (C) The public school district board of directors shall act in an advisory capacity to the commissioner regarding all powers and duties granted under § 6-13-620 that are not defined under subdivision (a)(3)(B) of this section; (4) Require the public school district to operate without a board of directors under the supervision of the local superintendent or an individual or panel appointed by the commissioner; (5) Waive the application of Arkansas law or the corresponding State Board of Education rules, with the exception of: (A) Special education programs as provided in this title; (B) Criminal background checks for employees as provided in this title; and (C) Health and safety codes as established by the State Board of Education and local governmental entities; (6) Petition the State Board of Education for the annexation, consolidation, or reconstitution of the public school district; (7) In the absence of a public school district board of directors, assume all authority of the board of directors as designated by the State Board of Education as may be necessary for the day-to-day governance of the public school district; (8) Require reassignment of some or all of the administrative, instructional, or support staff of a public school district; (9) Require reorganization, closure, or dissolution of one (1) or more of the public schools within the public school district; (10) (A) Return the administration of the public school district to the former board of directors or to a newly elected board of directors if: (i) The Division of Elementary and Secondary Education certifies in writing to the State Board of Education and to the public school district that the public school district has corrected all issues that caused the classification of fiscal distress and the public school district has not experienced any additional indicators of fiscal distress; and (ii) The State Board of Education determines the public school district has corrected all issues that caused the classification of fiscal distress. (B) If the commissioner calls for an election of a new public school district board of directors, the public school district shall reimburse the county board of election commissioners for election costs as otherwise required by law; (11) Otherwise reconstitute the public school district; or (12) Take any other action allowed by law that is deemed necessary to assist a public school district in removing the classification of fiscal distress. (b) The division may impose various reporting requirements on the school district. (c) The division shall monitor the fiscal operations and accounts of the school district. (d) The division shall require school district staff and employees to obtain fiscal instruction or training in areas of fiscal concern for the school district. Amended by Act 2023, No. 237,§ 43, eff. 6/30/2023. Amended by Act 2019, No. 929,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1640, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1639, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1638, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1637, eff. 7/1/2019. Amended by Act 2017, No. 275,§ 5, eff. 8/1/2017. Amended by Act 2013, No. 600,§ 15, eff. 4/4/2013. Acts 2003, No. 1467, § 18.

(a) In addressing public school districts in fiscal distress, the Commissioner of Elementary and Secondary Education may: (1) Remove permanently, reassign, or suspend on a temporary basis the superintendent of the public school district and: (A) Appoint an individual in place of the superintendent to administratively operate the public school district under the supervision and approval of the commissioner; (B) Compensate nondivision agents operating the public school district from public school district funding; and (C) Authorize an individual appointed under subdivision (a)(1)(A) of this section to remove, replace, reassign, or suspend public school district personnel in accordance with state law; (2) Suspend or remove some or all of the current board of directors and call for the election of a new board of directors for the public school district, in which case the public school district shall reimburse the county board of election commissioners for election costs as otherwise recognized by law; (3) (A) Suspend on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 6-13-620 or any other law but allow the public school district board of directors to continue to operate under the direction and approval of the commissioner. (B) The State Board of Education shall define the powers and duties of the public school district board of directors while the public school district board of directors is operating under the direction and approval of the commissioner under subdivision (a)(3)(A) of this section. (C) The public school district board of directors shall act in an advisory capacity to the commissioner regarding all powers and duties granted under § 6-13-620 that are not defined under subdivision (a)(3)(B) of this section; (4) Require the public school district to operate without a board of directors under the supervision of the local superintendent or an individual or panel appointed by the commissioner; (5) Waive the application of Arkansas law or the corresponding State Board of Education rules, with the exception of: (A) Special education programs as provided in this title; (B) Criminal background checks for employees as provided in this title; and (C) Health and safety codes as established by the State Board of Education and local governmental entities; (6) Petition the State Board of Education for the annexation, consolidation, or reconstitution of the public school district; (7) In the absence of a public school district board of directors, assume all authority of the board of directors as designated by the State Board of Education as may be necessary for the day-to-day governance of the public school district; (8) Require reassignment of some or all of the administrative, instructional, or support staff of a public school district; (9) Require reorganization, closure, or dissolution of one (1) or more of the public schools within the public school district; (10) (A) Return the administration of the public school district to the former board of directors or to a newly elected board of directors if: (i) The Division of Elementary and Secondary Education certifies in writing to the State Board of Education and to the public school district that the public school district has corrected all issues that caused the classification of fiscal distress and the public school district has not experienced any additional indicators of fiscal distress; and (ii) The State Board of Education determines the public school district has corrected all issues that caused the classification of fiscal distress. (B) If the commissioner calls for an election of a new public school district board of directors, the public school district shall reimburse the county board of election commissioners for election costs as otherwise required by law; (11) Otherwise reconstitute the public school district; or (12) Take any other action allowed by law that is deemed necessary to assist a public school district in removing the classification of fiscal distress.

(1) Remove permanently, reassign, or suspend on a temporary basis the superintendent of the public school district and: (A) Appoint an individual in place of the superintendent to administratively operate the public school district under the supervision and approval of the commissioner; (B) Compensate nondivision agents operating the public school district from public school district funding; and (C) Authorize an individual appointed under subdivision (a)(1)(A) of this section to remove, replace, reassign, or suspend public school district personnel in accordance with state law;

(A) Appoint an individual in place of the superintendent to administratively operate the public school district under the supervision and approval of the commissioner;

(B) Compensate nondivision agents operating the public school district from public school district funding; and

(C) Authorize an individual appointed under subdivision (a)(1)(A) of this section to remove, replace, reassign, or suspend public school district personnel in accordance with state law;

(2) Suspend or remove some or all of the current board of directors and call for the election of a new board of directors for the public school district, in which case the public school district shall reimburse the county board of election commissioners for election costs as otherwise recognized by law;

(3) (A) Suspend on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 6-13-620 or any other law but allow the public school district board of directors to continue to operate under the direction and approval of the commissioner. (B) The State Board of Education shall define the powers and duties of the public school district board of directors while the public school district board of directors is operating under the direction and approval of the commissioner under subdivision (a)(3)(A) of this section. (C) The public school district board of directors shall act in an advisory capacity to the commissioner regarding all powers and duties granted under § 6-13-620 that are not defined under subdivision (a)(3)(B) of this section;

(A) Suspend on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 6-13-620 or any other law but allow the public school district board of directors to continue to operate under the direction and approval of the commissioner.

(B) The State Board of Education shall define the powers and duties of the public school district board of directors while the public school district board of directors is operating under the direction and approval of the commissioner under subdivision (a)(3)(A) of this section.

(C) The public school district board of directors shall act in an advisory capacity to the commissioner regarding all powers and duties granted under § 6-13-620 that are not defined under subdivision (a)(3)(B) of this section;

(4) Require the public school district to operate without a board of directors under the supervision of the local superintendent or an individual or panel appointed by the commissioner;

(5) Waive the application of Arkansas law or the corresponding State Board of Education rules, with the exception of: (A) Special education programs as provided in this title; (B) Criminal background checks for employees as provided in this title; and (C) Health and safety codes as established by the State Board of Education and local governmental entities;

(A) Special education programs as provided in this title;

(B) Criminal background checks for employees as provided in this title; and

(C) Health and safety codes as established by the State Board of Education and local governmental entities;

(6) Petition the State Board of Education for the annexation, consolidation, or reconstitution of the public school district;

(7) In the absence of a public school district board of directors, assume all authority of the board of directors as designated by the State Board of Education as may be necessary for the day-to-day governance of the public school district;

(8) Require reassignment of some or all of the administrative, instructional, or support staff of a public school district;

(9) Require reorganization, closure, or dissolution of one (1) or more of the public schools within the public school district;

(10) (A) Return the administration of the public school district to the former board of directors or to a newly elected board of directors if: (i) The Division of Elementary and Secondary Education certifies in writing to the State Board of Education and to the public school district that the public school district has corrected all issues that caused the classification of fiscal distress and the public school district has not experienced any additional indicators of fiscal distress; and (ii) The State Board of Education determines the public school district has corrected all issues that caused the classification of fiscal distress. (B) If the commissioner calls for an election of a new public school district board of directors, the public school district shall reimburse the county board of election commissioners for election costs as otherwise required by law;

(A) Return the administration of the public school district to the former board of directors or to a newly elected board of directors if: (i) The Division of Elementary and Secondary Education certifies in writing to the State Board of Education and to the public school district that the public school district has corrected all issues that caused the classification of fiscal distress and the public school district has not experienced any additional indicators of fiscal distress; and (ii) The State Board of Education determines the public school district has corrected all issues that caused the classification of fiscal distress.

(i) The Division of Elementary and Secondary Education certifies in writing to the State Board of Education and to the public school district that the public school district has corrected all issues that caused the classification of fiscal distress and the public school district has not experienced any additional indicators of fiscal distress; and

(ii) The State Board of Education determines the public school district has corrected all issues that caused the classification of fiscal distress.

(B) If the commissioner calls for an election of a new public school district board of directors, the public school district shall reimburse the county board of election commissioners for election costs as otherwise required by law;

(11) Otherwise reconstitute the public school district; or

(12) Take any other action allowed by law that is deemed necessary to assist a public school district in removing the classification of fiscal distress.

(b) The division may impose various reporting requirements on the school district.

(c) The division shall monitor the fiscal operations and accounts of the school district.

(d) The division shall require school district staff and employees to obtain fiscal instruction or training in areas of fiscal concern for the school district.

Amended by Act 2023, No. 237,§ 43, eff. 6/30/2023.

Amended by Act 2019, No. 929,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1640, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1639, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1638, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1637, eff. 7/1/2019.

Amended by Act 2017, No. 275,§ 5, eff. 8/1/2017.

Amended by Act 2013, No. 600,§ 15, eff. 4/4/2013.

Acts 2003, No. 1467, § 18.
Ark. Code Ann. § 6-82-506 — AR Code / Title 6 / Chapter 82 / Subchapter 5 / Section 6-82-506
Written application for benefits
Status: in_force

Any person claiming benefits awarded by the Arkansas State Claims Commission under the provisions of this subchapter shall make written application with the Division of Higher Education on forms provided by the division. Amended by Act 2019, No. 910,§ 2098, eff. 7/1/2019. Acts 1973, No. 521, § 4; 1983 (Ex. Sess.), No. 47, § 1; A.S.A. 1947, § 80-3362; Acts 1997, No. 547, § 12.

Any person claiming benefits awarded by the Arkansas State Claims Commission under the provisions of this subchapter shall make written application with the Division of Higher Education on forms provided by the division.

Amended by Act 2019, No. 910,§ 2098, eff. 7/1/2019.

Acts 1973, No. 521, § 4; 1983 (Ex. Sess.), No. 47, § 1; A.S.A. 1947, § 80-3362; Acts 1997, No. 547, § 12.
Ark. Code Ann. § 6-18-802 — AR Code / Title 6 / Chapter 18 / Subchapter 8 / Section 6-18-802
[Repealed]
Status: repealed

Repealed by Act 2017, No. 745,§ 26, eff. 8/1/2017. Acts 1965, No. 13, § 4; A.S.A. 1947, § 80-4404; Acts 1999, No. 1078, § 74.

Repealed by Act 2017, No. 745,§ 26, eff. 8/1/2017.

Acts 1965, No. 13, § 4; A.S.A. 1947, § 80-4404; Acts 1999, No. 1078, § 74.
Ark. Code Ann. § 6-21-303 — AR Code / Title 6 / Chapter 21 / Subchapter 3 / Section 6-21-303
Rules
Status: in_force

(a) The board of directors of each school district shall prescribe the method of soliciting bids and may adopt other rules governing the procurement of commodities. (b) (1) (A) Each school district, according to its established reimbursement policy, shall provide to each prekindergarten through sixth grade (preK-6) teacher in each fiscal year for use by that teacher in his or her classroom or for class activities the greater of: (i) Twenty dollars ($20.00) per student enrolled in the teacher's class for more than fifty percent (50%) of the school day at the end of the first three (3) months of the school year; or (ii) Five hundred dollars ($500) for the teacher to apply toward the purchase of related commodities. (B) The teacher shall provide to the school district a receipt documenting any purchase. (2) The board of directors of each school district shall adopt reasonable procedures for teachers to draw from or be reimbursed from the discretionary fund pursuant to this subsection. (c) The Division of Elementary and Secondary Education may grant a waiver of the requirements of subsection (b) of this section if a school district requests a waiver and the school district is in fiscal distress. Amended by Act 2019, No. 910,§ 1727, eff. 7/1/2019. Acts 1983, No. 639, § 4; A.S.A. 1947, § 80-554; Acts 2001, No. 1687, § 1; 2003, No. 756, § 1; 2005, No. 1192, § 1; 2007, No. 1573, § 61.

(a) The board of directors of each school district shall prescribe the method of soliciting bids and may adopt other rules governing the procurement of commodities.

(b) (1) (A) Each school district, according to its established reimbursement policy, shall provide to each prekindergarten through sixth grade (preK-6) teacher in each fiscal year for use by that teacher in his or her classroom or for class activities the greater of: (i) Twenty dollars ($20.00) per student enrolled in the teacher's class for more than fifty percent (50%) of the school day at the end of the first three (3) months of the school year; or (ii) Five hundred dollars ($500) for the teacher to apply toward the purchase of related commodities. (B) The teacher shall provide to the school district a receipt documenting any purchase. (2) The board of directors of each school district shall adopt reasonable procedures for teachers to draw from or be reimbursed from the discretionary fund pursuant to this subsection.

(1) (A) Each school district, according to its established reimbursement policy, shall provide to each prekindergarten through sixth grade (preK-6) teacher in each fiscal year for use by that teacher in his or her classroom or for class activities the greater of: (i) Twenty dollars ($20.00) per student enrolled in the teacher's class for more than fifty percent (50%) of the school day at the end of the first three (3) months of the school year; or (ii) Five hundred dollars ($500) for the teacher to apply toward the purchase of related commodities. (B) The teacher shall provide to the school district a receipt documenting any purchase.

(A) Each school district, according to its established reimbursement policy, shall provide to each prekindergarten through sixth grade (preK-6) teacher in each fiscal year for use by that teacher in his or her classroom or for class activities the greater of: (i) Twenty dollars ($20.00) per student enrolled in the teacher's class for more than fifty percent (50%) of the school day at the end of the first three (3) months of the school year; or (ii) Five hundred dollars ($500) for the teacher to apply toward the purchase of related commodities.

(i) Twenty dollars ($20.00) per student enrolled in the teacher's class for more than fifty percent (50%) of the school day at the end of the first three (3) months of the school year; or

(ii) Five hundred dollars ($500) for the teacher to apply toward the purchase of related commodities.

(B) The teacher shall provide to the school district a receipt documenting any purchase.

(2) The board of directors of each school district shall adopt reasonable procedures for teachers to draw from or be reimbursed from the discretionary fund pursuant to this subsection.

(c) The Division of Elementary and Secondary Education may grant a waiver of the requirements of subsection (b) of this section if a school district requests a waiver and the school district is in fiscal distress.

Amended by Act 2019, No. 910,§ 1727, eff. 7/1/2019.

Acts 1983, No. 639, § 4; A.S.A. 1947, § 80-554; Acts 2001, No. 1687, § 1; 2003, No. 756, § 1; 2005, No. 1192, § 1; 2007, No. 1573, § 61.
Ark. Code Ann. § 6-25-103 — AR Code / Title 6 / Chapter 25 / Section 6-25-103
Library media services program - Definition
Status: in_force

(a) A "library media services program" means a program of information and media services in schools delivered by a library media specialist whose job includes duties as: (1) An information specialist whose primary job function is to: (A) Provide resources available to patrons through a systematically developed collection within the school and through access to resources outside the school; (B) Provide assistance to patrons in identifying, locating, and interpreting information housed in and outside the library media center; (C) Provide learning opportunities related to new technologies, use, and production of a variety of media formats; and (D) (i) Provide instruction in the use of the library media center. (ii) Elementary class sessions for a library media specialist shall be limited as provided under subdivision (b)(1) of this section; (2) An instructional consultant whose primary job function is to: (A) Participate in building district, department, and grade-level curriculum development and assessment projects; (B) Provide professional development in new and emerging technologies, use of appropriate technologies, incorporation of technology into the instructional program, and in the laws and policies pertaining to the use and communication of ideas and information, including copyright law; and (C) Keep patrons informed of new acquisitions of software and hardware and instruct patrons in their optimal use; and (3) A teacher of information and technology skills whose primary job function is to: (A) Provide assistance in the use of technology to access information and networks that will enhance access to resources; (B) Develop and implement a plan that ensures that skills are taught in a logical sequence for kindergarten through grade twelve (K-12); (C) Provide expertise and instruction in the use of electronic retrieval systems such as electronic card catalogues and computer-generated bibliographies; and (D) Provide instruction in the use of the library media center. (b) (1) No less than one-third (1/3) of the library media specialist's time shall be spent as an information specialist, allowing time for administrative tasks such as ordering books and materials, processing items for usage, planning finances and accountability, organizing, directing, and evaluating the library media program, and other management duties. (2) Class size shall be as set forth in the Standards for Accreditation of Arkansas Public Schools and School Districts. Acts 2003, No. 1786, § 3; 2005, No. 1962, § 13.

(a) A "library media services program" means a program of information and media services in schools delivered by a library media specialist whose job includes duties as: (1) An information specialist whose primary job function is to: (A) Provide resources available to patrons through a systematically developed collection within the school and through access to resources outside the school; (B) Provide assistance to patrons in identifying, locating, and interpreting information housed in and outside the library media center; (C) Provide learning opportunities related to new technologies, use, and production of a variety of media formats; and (D) (i) Provide instruction in the use of the library media center. (ii) Elementary class sessions for a library media specialist shall be limited as provided under subdivision (b)(1) of this section; (2) An instructional consultant whose primary job function is to: (A) Participate in building district, department, and grade-level curriculum development and assessment projects; (B) Provide professional development in new and emerging technologies, use of appropriate technologies, incorporation of technology into the instructional program, and in the laws and policies pertaining to the use and communication of ideas and information, including copyright law; and (C) Keep patrons informed of new acquisitions of software and hardware and instruct patrons in their optimal use; and (3) A teacher of information and technology skills whose primary job function is to: (A) Provide assistance in the use of technology to access information and networks that will enhance access to resources; (B) Develop and implement a plan that ensures that skills are taught in a logical sequence for kindergarten through grade twelve (K-12); (C) Provide expertise and instruction in the use of electronic retrieval systems such as electronic card catalogues and computer-generated bibliographies; and (D) Provide instruction in the use of the library media center.

(1) An information specialist whose primary job function is to: (A) Provide resources available to patrons through a systematically developed collection within the school and through access to resources outside the school; (B) Provide assistance to patrons in identifying, locating, and interpreting information housed in and outside the library media center; (C) Provide learning opportunities related to new technologies, use, and production of a variety of media formats; and (D) (i) Provide instruction in the use of the library media center. (ii) Elementary class sessions for a library media specialist shall be limited as provided under subdivision (b)(1) of this section;

(A) Provide resources available to patrons through a systematically developed collection within the school and through access to resources outside the school;

(B) Provide assistance to patrons in identifying, locating, and interpreting information housed in and outside the library media center;

(C) Provide learning opportunities related to new technologies, use, and production of a variety of media formats; and

(D) (i) Provide instruction in the use of the library media center. (ii) Elementary class sessions for a library media specialist shall be limited as provided under subdivision (b)(1) of this section;

(i) Provide instruction in the use of the library media center.

(ii) Elementary class sessions for a library media specialist shall be limited as provided under subdivision (b)(1) of this section;

(2) An instructional consultant whose primary job function is to: (A) Participate in building district, department, and grade-level curriculum development and assessment projects; (B) Provide professional development in new and emerging technologies, use of appropriate technologies, incorporation of technology into the instructional program, and in the laws and policies pertaining to the use and communication of ideas and information, including copyright law; and (C) Keep patrons informed of new acquisitions of software and hardware and instruct patrons in their optimal use; and

(A) Participate in building district, department, and grade-level curriculum development and assessment projects;

(B) Provide professional development in new and emerging technologies, use of appropriate technologies, incorporation of technology into the instructional program, and in the laws and policies pertaining to the use and communication of ideas and information, including copyright law; and

(C) Keep patrons informed of new acquisitions of software and hardware and instruct patrons in their optimal use; and

(3) A teacher of information and technology skills whose primary job function is to: (A) Provide assistance in the use of technology to access information and networks that will enhance access to resources; (B) Develop and implement a plan that ensures that skills are taught in a logical sequence for kindergarten through grade twelve (K-12); (C) Provide expertise and instruction in the use of electronic retrieval systems such as electronic card catalogues and computer-generated bibliographies; and (D) Provide instruction in the use of the library media center.

(A) Provide assistance in the use of technology to access information and networks that will enhance access to resources;

(B) Develop and implement a plan that ensures that skills are taught in a logical sequence for kindergarten through grade twelve (K-12);

(C) Provide expertise and instruction in the use of electronic retrieval systems such as electronic card catalogues and computer-generated bibliographies; and

(D) Provide instruction in the use of the library media center.

(b) (1) No less than one-third (1/3) of the library media specialist's time shall be spent as an information specialist, allowing time for administrative tasks such as ordering books and materials, processing items for usage, planning finances and accountability, organizing, directing, and evaluating the library media program, and other management duties. (2) Class size shall be as set forth in the Standards for Accreditation of Arkansas Public Schools and School Districts.

(1) No less than one-third (1/3) of the library media specialist's time shall be spent as an information specialist, allowing time for administrative tasks such as ordering books and materials, processing items for usage, planning finances and accountability, organizing, directing, and evaluating the library media program, and other management duties.

(2) Class size shall be as set forth in the Standards for Accreditation of Arkansas Public Schools and School Districts.

Acts 2003, No. 1786, § 3; 2005, No. 1962, § 13.