Ark. Code Ann. § 6-13-1603 — AR Code / Title 6 / Chapter 13 / Subchapter 16 / Section 6-13-1603
Administrative reorganization
Status: in_force

(a) (1) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year may voluntarily agree to administratively consolidate with or be annexed to another school district or districts in accordance with the requirements and limitations of this section. (2) (A) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year choosing to voluntarily administratively consolidate or annex shall: (i) Submit a petition for approval to the State Board of Education by March 1; and (ii) Set forth the terms of the administrative consolidation or annexation agreement in the petition. (B) If the petition is approved by the state board, the administrative consolidation or annexation shall be completed by May 1, to be effective July 1. (3) The state board shall promptly consider petitions submitted by school districts under subdivision (a)(2) of this section to administratively consolidate in order to enable the affected districts to reasonably accomplish any resulting administrative consolidation or annexation by July 1. (4) The state board shall not deny the petition for voluntary administrative consolidation or annexation of any two (2) or more school districts unless: (A) The provisions contained in the articles of administrative consolidation or annexation would violate state or federal law; or (B) The voluntary consolidation or annexation would not contribute to the betterment of the education of students in the school district. (b) [Repealed.] (c) All administrative consolidations or annexations under this section shall be accomplished so as not to create a school district that hampers, delays, or in any manner negatively affects the desegregation of another school district in this state. (d) In the administratively consolidated or annexed school districts created under this subchapter, the ad valorem tax rate shall be determined as set forth under § 6-13-1409 . (e) Nothing in this section shall be construed to require the closing of any school or school facility. (f) No administratively consolidated or annexed district shall have more than one (1) superintendent. (g) Any school district not designated as being in academic or fiscal distress for the current school year and previous two (2) school years that administratively receives by consolidation or annexation a school district designated by the state board as being in academic or fiscal distress at the time of consolidation or annexation shall not be subject to academic or fiscal distress sanctions for a period of three (3) years from the effective date of consolidation unless: (1) The school district fails to meet minimum teacher salary requirements; or (2) The school district fails to comply with the Standards for Accreditation of Arkansas Public Schools and School Districts issued by the Division of Elementary and Secondary Education. (h) Noncontiguous school districts may voluntarily consolidate if the facilities and physical plant of each school district: (1) Are within the same county, and the state board approves the administrative consolidation; or (2) Are not within the same county, and the state board approves the administrative consolidation or administrative annexation and finds that: (A) The administrative consolidation or administrative annexation will result in the overall improvement in the educational benefit to students in all of the school districts involved; or (B) The administrative consolidation or administrative annexation will provide a significant advantage in transportation costs or service to all of the school districts involved. (i) Contiguous school districts may administratively consolidate even if they are not in the same county. (j) The state board shall promulgate rules to facilitate the administration of this subchapter. (k) The provisions of §§ 6-13-1415 - 6-13-1417 shall govern the board of directors of each resulting district or receiving district created under this subchapter. Amended by Act 2023, No. 461,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 461,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 461,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 543,§ 1, eff. 4/11/2023. Amended by Act 2019, No. 910,§ 1171, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1170, eff. 7/1/2019. Amended by Act 2015, No. 377,§ 1, eff. 3/11/2015. Acts 2003 (2nd Ex. Sess.), No. 60, § 3; 2005, No. 1397, § 1; 2005, No. 1962, § 9; 2005, No. 2151, § 23; 2011, No. 1217, § 5.

(a) (1) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year may voluntarily agree to administratively consolidate with or be annexed to another school district or districts in accordance with the requirements and limitations of this section. (2) (A) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year choosing to voluntarily administratively consolidate or annex shall: (i) Submit a petition for approval to the State Board of Education by March 1; and (ii) Set forth the terms of the administrative consolidation or annexation agreement in the petition. (B) If the petition is approved by the state board, the administrative consolidation or annexation shall be completed by May 1, to be effective July 1. (3) The state board shall promptly consider petitions submitted by school districts under subdivision (a)(2) of this section to administratively consolidate in order to enable the affected districts to reasonably accomplish any resulting administrative consolidation or annexation by July 1. (4) The state board shall not deny the petition for voluntary administrative consolidation or annexation of any two (2) or more school districts unless: (A) The provisions contained in the articles of administrative consolidation or annexation would violate state or federal law; or (B) The voluntary consolidation or annexation would not contribute to the betterment of the education of students in the school district.

(1) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year may voluntarily agree to administratively consolidate with or be annexed to another school district or districts in accordance with the requirements and limitations of this section.

(2) (A) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year choosing to voluntarily administratively consolidate or annex shall: (i) Submit a petition for approval to the State Board of Education by March 1; and (ii) Set forth the terms of the administrative consolidation or annexation agreement in the petition. (B) If the petition is approved by the state board, the administrative consolidation or annexation shall be completed by May 1, to be effective July 1.

(A) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year choosing to voluntarily administratively consolidate or annex shall: (i) Submit a petition for approval to the State Board of Education by March 1; and (ii) Set forth the terms of the administrative consolidation or annexation agreement in the petition.

(i) Submit a petition for approval to the State Board of Education by March 1; and

(ii) Set forth the terms of the administrative consolidation or annexation agreement in the petition.

(B) If the petition is approved by the state board, the administrative consolidation or annexation shall be completed by May 1, to be effective July 1.

(3) The state board shall promptly consider petitions submitted by school districts under subdivision (a)(2) of this section to administratively consolidate in order to enable the affected districts to reasonably accomplish any resulting administrative consolidation or annexation by July 1.

(4) The state board shall not deny the petition for voluntary administrative consolidation or annexation of any two (2) or more school districts unless: (A) The provisions contained in the articles of administrative consolidation or annexation would violate state or federal law; or (B) The voluntary consolidation or annexation would not contribute to the betterment of the education of students in the school district.

(A) The provisions contained in the articles of administrative consolidation or annexation would violate state or federal law; or

(B) The voluntary consolidation or annexation would not contribute to the betterment of the education of students in the school district.

(b) [Repealed.]

(c) All administrative consolidations or annexations under this section shall be accomplished so as not to create a school district that hampers, delays, or in any manner negatively affects the desegregation of another school district in this state.

(d) In the administratively consolidated or annexed school districts created under this subchapter, the ad valorem tax rate shall be determined as set forth under § 6-13-1409 .

(e) Nothing in this section shall be construed to require the closing of any school or school facility.

(f) No administratively consolidated or annexed district shall have more than one (1) superintendent.

(g) Any school district not designated as being in academic or fiscal distress for the current school year and previous two (2) school years that administratively receives by consolidation or annexation a school district designated by the state board as being in academic or fiscal distress at the time of consolidation or annexation shall not be subject to academic or fiscal distress sanctions for a period of three (3) years from the effective date of consolidation unless: (1) The school district fails to meet minimum teacher salary requirements; or (2) The school district fails to comply with the Standards for Accreditation of Arkansas Public Schools and School Districts issued by the Division of Elementary and Secondary Education.

(1) The school district fails to meet minimum teacher salary requirements; or

(2) The school district fails to comply with the Standards for Accreditation of Arkansas Public Schools and School Districts issued by the Division of Elementary and Secondary Education.

(h) Noncontiguous school districts may voluntarily consolidate if the facilities and physical plant of each school district: (1) Are within the same county, and the state board approves the administrative consolidation; or (2) Are not within the same county, and the state board approves the administrative consolidation or administrative annexation and finds that: (A) The administrative consolidation or administrative annexation will result in the overall improvement in the educational benefit to students in all of the school districts involved; or (B) The administrative consolidation or administrative annexation will provide a significant advantage in transportation costs or service to all of the school districts involved.

(1) Are within the same county, and the state board approves the administrative consolidation; or

(2) Are not within the same county, and the state board approves the administrative consolidation or administrative annexation and finds that: (A) The administrative consolidation or administrative annexation will result in the overall improvement in the educational benefit to students in all of the school districts involved; or (B) The administrative consolidation or administrative annexation will provide a significant advantage in transportation costs or service to all of the school districts involved.

(A) The administrative consolidation or administrative annexation will result in the overall improvement in the educational benefit to students in all of the school districts involved; or

(B) The administrative consolidation or administrative annexation will provide a significant advantage in transportation costs or service to all of the school districts involved.

(i) Contiguous school districts may administratively consolidate even if they are not in the same county.

(j) The state board shall promulgate rules to facilitate the administration of this subchapter.

(k) The provisions of §§ 6-13-1415 - 6-13-1417 shall govern the board of directors of each resulting district or receiving district created under this subchapter.

Amended by Act 2023, No. 461,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 461,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 461,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 543,§ 1, eff. 4/11/2023.

Amended by Act 2019, No. 910,§ 1171, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1170, eff. 7/1/2019.

Amended by Act 2015, No. 377,§ 1, eff. 3/11/2015.

Acts 2003 (2nd Ex. Sess.), No. 60, § 3; 2005, No. 1397, § 1; 2005, No. 1962, § 9; 2005, No. 2151, § 23; 2011, No. 1217, § 5.
Ark. Code Ann. § 6-85-206 — AR Code / Title 6 / Chapter 85 / Subchapter 2 / Section 6-85-206
Basic eligibility requirements
Status: in_force

The basic requirements for an applicant to be eligible for an award from the Arkansas Academic Challenge Scholarship Program are: (1) (A) The applicant has been an Arkansas resident for at least the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education. (B) If the applicant is less than twenty-one (21) years of age, either the applicant or a parent or guardian of the applicant shall have maintained Arkansas residency for at least the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education. (C) (i) To be considered an Arkansas resident, an applicant shall demonstrate residency by evidence deemed sufficient to the Division of Higher Education. (ii) Evidence of residency may include without limitation information provided by the applicant on the Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid. (D) During the twelve (12) months immediately preceding the date an applicant will enroll in an approved institution of higher education if the person for whom the twelve-month period is calculated under subdivision (1)(A) or subdivision (1)(B) of this section is deployed outside of Arkansas under military orders, the division shall calculate the twelve (12) months by: (i) Excluding months of military deployment outside of Arkansas that are within the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education; and (ii) Including months the person maintained Arkansas residency immediately preceding the military deployment outside of Arkansas; (2) The applicant is a citizen of the United States or is a lawful permanent resident; (3) (A) The applicant is accepted for admission as a full-time student or part-time student at: (i) An approved institution of higher education in a program of study that leads to or is creditable toward: (a) A baccalaureate degree; (b) An associate degree; (c) A certificate from a qualified certificate program; or (d) A graduate-level or professional degree; or (ii) An approved school of nursing in a program of study that leads to a nursing diploma under § 6-85-213 . (B) A full-time student shall enroll in at least twenty-seven (27) semester hours the first academic year and thirty (30) semester hours per academic year thereafter or the equivalent, as described in this subchapter, or the equivalent as defined by the division. (C) A part-time student shall complete at least six (6) semester hours but less than the minimum number of semester hours for a full-time student, as defined by the division; (4) The applicant has not met the maximum continuing education eligibility requirements under § 6-85-210 ; (5) The applicant does not owe a refund on a federal or state student financial aid grant for higher education; (6) The applicant is not in default on a state or federal student financial aid loan for higher education; (7) The applicant has not borrowed, as determined by the approved institution of higher education to be attended, in excess of the annual loan limits of the William D. Ford Federal Direct Loan Program in the same academic year for which the student has applied for assistance under this subchapter; (8) The applicant is not incarcerated at the time of the application for or during the time the applicant receives a scholarship under this subchapter; (9) The applicant has complied with United States Selective Service System requirements for registration; (10) The applicant has completed and submitted to the United States Department of Education a Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid; and (11) The applicant certifies that he or she is drug-free and pledges in writing on the application form to refrain from the use or abuse of illegal substances in order to become eligible and maintain eligibility for the Arkansas Academic Challenge Scholarship Program. Amended by Act 2021, No. 636,§ 1, eff. 4/12/2021. Amended by Act 2019, No. 692,§ 14, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2162, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2161, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2160, eff. 7/1/2019. Amended by Act 2017, No. 597,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 1173,§ 6, eff. 4/12/2013. Amended by Act 2013, No. 1173,§ 5, eff. 4/12/2013. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, § 4; 2010, No. 265, § 5; 2010, No. 294, § 5; 2011, No. 207, § 6.

The basic requirements for an applicant to be eligible for an award from the Arkansas Academic Challenge Scholarship Program are:

(1) (A) The applicant has been an Arkansas resident for at least the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education. (B) If the applicant is less than twenty-one (21) years of age, either the applicant or a parent or guardian of the applicant shall have maintained Arkansas residency for at least the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education. (C) (i) To be considered an Arkansas resident, an applicant shall demonstrate residency by evidence deemed sufficient to the Division of Higher Education. (ii) Evidence of residency may include without limitation information provided by the applicant on the Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid. (D) During the twelve (12) months immediately preceding the date an applicant will enroll in an approved institution of higher education if the person for whom the twelve-month period is calculated under subdivision (1)(A) or subdivision (1)(B) of this section is deployed outside of Arkansas under military orders, the division shall calculate the twelve (12) months by: (i) Excluding months of military deployment outside of Arkansas that are within the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education; and (ii) Including months the person maintained Arkansas residency immediately preceding the military deployment outside of Arkansas;

(A) The applicant has been an Arkansas resident for at least the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education.

(B) If the applicant is less than twenty-one (21) years of age, either the applicant or a parent or guardian of the applicant shall have maintained Arkansas residency for at least the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education.

(C) (i) To be considered an Arkansas resident, an applicant shall demonstrate residency by evidence deemed sufficient to the Division of Higher Education. (ii) Evidence of residency may include without limitation information provided by the applicant on the Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid.

(i) To be considered an Arkansas resident, an applicant shall demonstrate residency by evidence deemed sufficient to the Division of Higher Education.

(ii) Evidence of residency may include without limitation information provided by the applicant on the Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid.

(D) During the twelve (12) months immediately preceding the date an applicant will enroll in an approved institution of higher education if the person for whom the twelve-month period is calculated under subdivision (1)(A) or subdivision (1)(B) of this section is deployed outside of Arkansas under military orders, the division shall calculate the twelve (12) months by: (i) Excluding months of military deployment outside of Arkansas that are within the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education; and (ii) Including months the person maintained Arkansas residency immediately preceding the military deployment outside of Arkansas;

(i) Excluding months of military deployment outside of Arkansas that are within the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education; and

(ii) Including months the person maintained Arkansas residency immediately preceding the military deployment outside of Arkansas;

(2) The applicant is a citizen of the United States or is a lawful permanent resident;

(3) (A) The applicant is accepted for admission as a full-time student or part-time student at: (i) An approved institution of higher education in a program of study that leads to or is creditable toward: (a) A baccalaureate degree; (b) An associate degree; (c) A certificate from a qualified certificate program; or (d) A graduate-level or professional degree; or (ii) An approved school of nursing in a program of study that leads to a nursing diploma under § 6-85-213 . (B) A full-time student shall enroll in at least twenty-seven (27) semester hours the first academic year and thirty (30) semester hours per academic year thereafter or the equivalent, as described in this subchapter, or the equivalent as defined by the division. (C) A part-time student shall complete at least six (6) semester hours but less than the minimum number of semester hours for a full-time student, as defined by the division;

(A) The applicant is accepted for admission as a full-time student or part-time student at: (i) An approved institution of higher education in a program of study that leads to or is creditable toward: (a) A baccalaureate degree; (b) An associate degree; (c) A certificate from a qualified certificate program; or (d) A graduate-level or professional degree; or (ii) An approved school of nursing in a program of study that leads to a nursing diploma under § 6-85-213 .

(i) An approved institution of higher education in a program of study that leads to or is creditable toward: (a) A baccalaureate degree; (b) An associate degree; (c) A certificate from a qualified certificate program; or (d) A graduate-level or professional degree; or

(a) A baccalaureate degree;

(b) An associate degree;

(c) A certificate from a qualified certificate program; or

(d) A graduate-level or professional degree; or

(ii) An approved school of nursing in a program of study that leads to a nursing diploma under § 6-85-213 .

(B) A full-time student shall enroll in at least twenty-seven (27) semester hours the first academic year and thirty (30) semester hours per academic year thereafter or the equivalent, as described in this subchapter, or the equivalent as defined by the division.

(C) A part-time student shall complete at least six (6) semester hours but less than the minimum number of semester hours for a full-time student, as defined by the division;

(4) The applicant has not met the maximum continuing education eligibility requirements under § 6-85-210 ;

(5) The applicant does not owe a refund on a federal or state student financial aid grant for higher education;

(6) The applicant is not in default on a state or federal student financial aid loan for higher education;

(7) The applicant has not borrowed, as determined by the approved institution of higher education to be attended, in excess of the annual loan limits of the William D. Ford Federal Direct Loan Program in the same academic year for which the student has applied for assistance under this subchapter;

(8) The applicant is not incarcerated at the time of the application for or during the time the applicant receives a scholarship under this subchapter;

(9) The applicant has complied with United States Selective Service System requirements for registration;

(10) The applicant has completed and submitted to the United States Department of Education a Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid; and

(11) The applicant certifies that he or she is drug-free and pledges in writing on the application form to refrain from the use or abuse of illegal substances in order to become eligible and maintain eligibility for the Arkansas Academic Challenge Scholarship Program.

Amended by Act 2021, No. 636,§ 1, eff. 4/12/2021.

Amended by Act 2019, No. 692,§ 14, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2162, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2161, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2160, eff. 7/1/2019.

Amended by Act 2017, No. 597,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 1173,§ 6, eff. 4/12/2013.

Amended by Act 2013, No. 1173,§ 5, eff. 4/12/2013.

Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, § 4; 2010, No. 265, § 5; 2010, No. 294, § 5; 2011, No. 207, § 6.
Ark. Code Ann. § 6-17-411 — AR Code / Title 6 / Chapter 17 / Subchapter 4 / Section 6-17-411
Criminal records check as condition for initial employment of licensed personnel - Definitions
Status: in_force

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, the board of directors of an educational entity shall require as a condition for initial employment by the educational entity that any person holding a license issued by the State Board of Education and making application for employment authorize release to the Division of Elementary and Secondary Education the results of: (i) Statewide and nationwide criminal records checks by the Identification Bureau of the Division of Arkansas State Police, which conform to the applicable federal standards and include the taking of the applicant's fingerprints; and (ii) The Child Maltreatment Central Registry check by the Department of Human Services. (B) (i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(A) of this section for personnel who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in subdivision (a)(1)(B)(i) of this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment. (2) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks or the Child Maltreatment Central Registry checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check and the Child Maltreatment Central Registry check. (3) At the conclusion of the criminal records check required by this section, the bureau may maintain the fingerprints in the automated fingerprint identification system. (4) (A) Any information received by the Division of Elementary and Secondary Education from the bureau or the department under this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Division of Elementary and Secondary Education. (B) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. (C) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the criminal records background check and the Child Maltreatment Central Registry check. (5) (A) Upon completion of the statewide and nationwide criminal records background checks and the Child Maltreatment Central Registry check, the bureau or the department shall forward all releasable information to the Division of Elementary and Secondary Education. (B) Within thirty (30) days of receiving all releasable information that has been forwarded by the bureau and the department under subdivision (a)(5)(A) of this section, the Division of Elementary and Secondary Education shall inform the board of directors of the educational entity whether or not the affected applicant is eligible for employment as provided under subsection (b) of this section. (b) (1) (A) No person holding a license from the state board shall be eligible for employment by an educational entity if the results of the criminal records check released to the Division of Elementary and Secondary Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense that will or may result in license revocation by the state board under § 6-17-410 , unless the state board waives revocation. (B) No person holding a license issued by the state board shall be eligible for employment by an educational entity if the results of the Child Maltreatment Central Registry check released to the Division of Elementary and Secondary Education reveal that the applicant has a true report in the Child Maltreatment Central Registry, unless the state board waives revocation under § 6-17-410 . (2) However, the board of directors of an educational entity is authorized to offer provisional employment to the affected applicant pending notification from the Division of Elementary and Secondary Education that the: (A) Applicant is eligible for employment based on the background checks; or (B) State board has waived the disqualifying offense or placement on the Child Maltreatment Central Registry. (c) The board of directors of an educational entity shall require as a condition for supervised clinical practice at the educational entity that a preservice teacher seeking to conduct his or her supervised clinical practice shall authorize the release to the Division of Elementary and Secondary Education of the results of the criminal records background check and Child Maltreatment Central Registry check required under subdivision (a)(1)(A) of this section. (d) As used in this section: (1) "Educational entity" means: (A) The Division of Elementary and Secondary Education; or (B) An entity that is identified by the Division of Elementary and Secondary Education as a local education agency, except that for a public school operated by a school district the school district is the educational entity; (2) "Preservice teacher" means an unlicensed individual who is accepted or enrolled in a teacher preparation program approved by the Division of Elementary and Secondary Education; and (3) "Supervised clinical practice" means the placement of a preservice teacher by a teacher education program approved by the Division of Elementary and Secondary Education at the educational entity for the purpose of the student completing an internship or student teaching experience required by the teacher education program. Amended by Act 2019, No. 1040,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1395, eff. 7/1/2019. Amended by Act 2015, No. 1089,§ 7, eff. 7/22/2015. Amended by Act 2015, No. 1089,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 455,§ 2, eff. 8/16/2013. Acts 1997, No. 1313, § 3; 2003, No. 42, § 1; 2005, No. 2151, § 6; 2009, No. 1173, §§ 9-12.

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, the board of directors of an educational entity shall require as a condition for initial employment by the educational entity that any person holding a license issued by the State Board of Education and making application for employment authorize release to the Division of Elementary and Secondary Education the results of: (i) Statewide and nationwide criminal records checks by the Identification Bureau of the Division of Arkansas State Police, which conform to the applicable federal standards and include the taking of the applicant's fingerprints; and (ii) The Child Maltreatment Central Registry check by the Department of Human Services. (B) (i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(A) of this section for personnel who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in subdivision (a)(1)(B)(i) of this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment. (2) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks or the Child Maltreatment Central Registry checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check and the Child Maltreatment Central Registry check. (3) At the conclusion of the criminal records check required by this section, the bureau may maintain the fingerprints in the automated fingerprint identification system. (4) (A) Any information received by the Division of Elementary and Secondary Education from the bureau or the department under this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Division of Elementary and Secondary Education. (B) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. (C) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the criminal records background check and the Child Maltreatment Central Registry check. (5) (A) Upon completion of the statewide and nationwide criminal records background checks and the Child Maltreatment Central Registry check, the bureau or the department shall forward all releasable information to the Division of Elementary and Secondary Education. (B) Within thirty (30) days of receiving all releasable information that has been forwarded by the bureau and the department under subdivision (a)(5)(A) of this section, the Division of Elementary and Secondary Education shall inform the board of directors of the educational entity whether or not the affected applicant is eligible for employment as provided under subsection (b) of this section.

(1) (A) Except as provided in subdivision (a)(1)(B) of this section, the board of directors of an educational entity shall require as a condition for initial employment by the educational entity that any person holding a license issued by the State Board of Education and making application for employment authorize release to the Division of Elementary and Secondary Education the results of: (i) Statewide and nationwide criminal records checks by the Identification Bureau of the Division of Arkansas State Police, which conform to the applicable federal standards and include the taking of the applicant's fingerprints; and (ii) The Child Maltreatment Central Registry check by the Department of Human Services. (B) (i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(A) of this section for personnel who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in subdivision (a)(1)(B)(i) of this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment.

(A) Except as provided in subdivision (a)(1)(B) of this section, the board of directors of an educational entity shall require as a condition for initial employment by the educational entity that any person holding a license issued by the State Board of Education and making application for employment authorize release to the Division of Elementary and Secondary Education the results of: (i) Statewide and nationwide criminal records checks by the Identification Bureau of the Division of Arkansas State Police, which conform to the applicable federal standards and include the taking of the applicant's fingerprints; and (ii) The Child Maltreatment Central Registry check by the Department of Human Services.

(i) Statewide and nationwide criminal records checks by the Identification Bureau of the Division of Arkansas State Police, which conform to the applicable federal standards and include the taking of the applicant's fingerprints; and

(ii) The Child Maltreatment Central Registry check by the Department of Human Services.

(B) (i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(A) of this section for personnel who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in subdivision (a)(1)(B)(i) of this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment.

(i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(A) of this section for personnel who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section.

(ii) As used in subdivision (a)(1)(B)(i) of this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment.

(2) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks or the Child Maltreatment Central Registry checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check and the Child Maltreatment Central Registry check.

(3) At the conclusion of the criminal records check required by this section, the bureau may maintain the fingerprints in the automated fingerprint identification system.

(4) (A) Any information received by the Division of Elementary and Secondary Education from the bureau or the department under this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Division of Elementary and Secondary Education. (B) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. (C) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the criminal records background check and the Child Maltreatment Central Registry check.

(A) Any information received by the Division of Elementary and Secondary Education from the bureau or the department under this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Division of Elementary and Secondary Education.

(B) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only.

(C) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the criminal records background check and the Child Maltreatment Central Registry check.

(5) (A) Upon completion of the statewide and nationwide criminal records background checks and the Child Maltreatment Central Registry check, the bureau or the department shall forward all releasable information to the Division of Elementary and Secondary Education. (B) Within thirty (30) days of receiving all releasable information that has been forwarded by the bureau and the department under subdivision (a)(5)(A) of this section, the Division of Elementary and Secondary Education shall inform the board of directors of the educational entity whether or not the affected applicant is eligible for employment as provided under subsection (b) of this section.

(A) Upon completion of the statewide and nationwide criminal records background checks and the Child Maltreatment Central Registry check, the bureau or the department shall forward all releasable information to the Division of Elementary and Secondary Education.

(B) Within thirty (30) days of receiving all releasable information that has been forwarded by the bureau and the department under subdivision (a)(5)(A) of this section, the Division of Elementary and Secondary Education shall inform the board of directors of the educational entity whether or not the affected applicant is eligible for employment as provided under subsection (b) of this section.

(b) (1) (A) No person holding a license from the state board shall be eligible for employment by an educational entity if the results of the criminal records check released to the Division of Elementary and Secondary Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense that will or may result in license revocation by the state board under § 6-17-410 , unless the state board waives revocation. (B) No person holding a license issued by the state board shall be eligible for employment by an educational entity if the results of the Child Maltreatment Central Registry check released to the Division of Elementary and Secondary Education reveal that the applicant has a true report in the Child Maltreatment Central Registry, unless the state board waives revocation under § 6-17-410 . (2) However, the board of directors of an educational entity is authorized to offer provisional employment to the affected applicant pending notification from the Division of Elementary and Secondary Education that the: (A) Applicant is eligible for employment based on the background checks; or (B) State board has waived the disqualifying offense or placement on the Child Maltreatment Central Registry.

(1) (A) No person holding a license from the state board shall be eligible for employment by an educational entity if the results of the criminal records check released to the Division of Elementary and Secondary Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense that will or may result in license revocation by the state board under § 6-17-410 , unless the state board waives revocation. (B) No person holding a license issued by the state board shall be eligible for employment by an educational entity if the results of the Child Maltreatment Central Registry check released to the Division of Elementary and Secondary Education reveal that the applicant has a true report in the Child Maltreatment Central Registry, unless the state board waives revocation under § 6-17-410 .

(A) No person holding a license from the state board shall be eligible for employment by an educational entity if the results of the criminal records check released to the Division of Elementary and Secondary Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense that will or may result in license revocation by the state board under § 6-17-410 , unless the state board waives revocation.

(B) No person holding a license issued by the state board shall be eligible for employment by an educational entity if the results of the Child Maltreatment Central Registry check released to the Division of Elementary and Secondary Education reveal that the applicant has a true report in the Child Maltreatment Central Registry, unless the state board waives revocation under § 6-17-410 .

(2) However, the board of directors of an educational entity is authorized to offer provisional employment to the affected applicant pending notification from the Division of Elementary and Secondary Education that the: (A) Applicant is eligible for employment based on the background checks; or (B) State board has waived the disqualifying offense or placement on the Child Maltreatment Central Registry.

(A) Applicant is eligible for employment based on the background checks; or

(B) State board has waived the disqualifying offense or placement on the Child Maltreatment Central Registry.

(c) The board of directors of an educational entity shall require as a condition for supervised clinical practice at the educational entity that a preservice teacher seeking to conduct his or her supervised clinical practice shall authorize the release to the Division of Elementary and Secondary Education of the results of the criminal records background check and Child Maltreatment Central Registry check required under subdivision (a)(1)(A) of this section.

(d) As used in this section: (1) "Educational entity" means: (A) The Division of Elementary and Secondary Education; or (B) An entity that is identified by the Division of Elementary and Secondary Education as a local education agency, except that for a public school operated by a school district the school district is the educational entity; (2) "Preservice teacher" means an unlicensed individual who is accepted or enrolled in a teacher preparation program approved by the Division of Elementary and Secondary Education; and (3) "Supervised clinical practice" means the placement of a preservice teacher by a teacher education program approved by the Division of Elementary and Secondary Education at the educational entity for the purpose of the student completing an internship or student teaching experience required by the teacher education program.

(1) "Educational entity" means: (A) The Division of Elementary and Secondary Education; or (B) An entity that is identified by the Division of Elementary and Secondary Education as a local education agency, except that for a public school operated by a school district the school district is the educational entity;

(A) The Division of Elementary and Secondary Education; or

(B) An entity that is identified by the Division of Elementary and Secondary Education as a local education agency, except that for a public school operated by a school district the school district is the educational entity;

(2) "Preservice teacher" means an unlicensed individual who is accepted or enrolled in a teacher preparation program approved by the Division of Elementary and Secondary Education; and

(3) "Supervised clinical practice" means the placement of a preservice teacher by a teacher education program approved by the Division of Elementary and Secondary Education at the educational entity for the purpose of the student completing an internship or student teaching experience required by the teacher education program.

Amended by Act 2019, No. 1040,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1395, eff. 7/1/2019.

Amended by Act 2015, No. 1089,§ 7, eff. 7/22/2015.

Amended by Act 2015, No. 1089,§ 6, eff. 7/22/2015.

Amended by Act 2013, No. 455,§ 2, eff. 8/16/2013.

Acts 1997, No. 1313, § 3; 2003, No. 42, § 1; 2005, No. 2151, § 6; 2009, No. 1173, §§ 9-12.
Ark. Code Ann. § 6-14-119 — AR Code / Title 6 / Chapter 14 / Section 6-14-119
[Repealed]
Status: repealed

Repealed by Act 2019, No. 552,§ 6, eff. 7/24/2019. Acts 1935, No. 30, § 9; Pope's Dig., § 11529; A.S.A. 1947, § 80-307; Acts 1997, No. 443, § 8.

Repealed by Act 2019, No. 552,§ 6, eff. 7/24/2019.

Acts 1935, No. 30, § 9; Pope's Dig., § 11529; A.S.A. 1947, § 80-307; Acts 1997, No. 443, § 8.
Ark. Code Ann. § 6-57-101 — AR Code / Title 6 / Chapter 57 / Section 6-57-101
Name change and merger
Status: in_force

(a) Effective July 1, 2003, Arkansas Valley Technical Institute is merged with and into Arkansas Tech University and shall be governed by the Board of Trustees of Arkansas Tech University. (b) Effective July 1, 2003, all powers, duties, responsibility, control, and supervisory authority heretofore vested in the Board of Directors of Arkansas Valley Technical Institute are transferred to the Board of Trustees of Arkansas Tech University, and upon transfer of the assets, books of accounts, and files of the Board of Directors of Arkansas Valley Technical Institute to the Board of Trustees of Arkansas Tech University, the Board of Directors of Arkansas Valley Technical Institute shall be divested of all obligations and duties. (c) Effective July 1, 2003, the Arkansas Valley Technical Institute campus shall be known as Arkansas Valley Technical Institute of Arkansas Tech University. (d) Effective July 1, 2007, the Arkansas Valley Technical Institute of Arkansas Tech University shall be known as Arkansas Tech University - Ozark Campus. Acts 2003, No. 452, § 1; 2007, No. 260, § 1.

(a) Effective July 1, 2003, Arkansas Valley Technical Institute is merged with and into Arkansas Tech University and shall be governed by the Board of Trustees of Arkansas Tech University.

(b) Effective July 1, 2003, all powers, duties, responsibility, control, and supervisory authority heretofore vested in the Board of Directors of Arkansas Valley Technical Institute are transferred to the Board of Trustees of Arkansas Tech University, and upon transfer of the assets, books of accounts, and files of the Board of Directors of Arkansas Valley Technical Institute to the Board of Trustees of Arkansas Tech University, the Board of Directors of Arkansas Valley Technical Institute shall be divested of all obligations and duties.

(c) Effective July 1, 2003, the Arkansas Valley Technical Institute campus shall be known as Arkansas Valley Technical Institute of Arkansas Tech University.

(d) Effective July 1, 2007, the Arkansas Valley Technical Institute of Arkansas Tech University shall be known as Arkansas Tech University - Ozark Campus.

Acts 2003, No. 452, § 1; 2007, No. 260, § 1.
Ark. Code Ann. § 6-5-1102 — AR Code / Title 6 / Chapter 5 / Subchapter 11 / Section 6-5-1102
Council on Postsecondary Education and Career Readiness established - Membership - Meetings
Status: in_force

(a) This subchapter establishes the Council on Postsecondary Education and Career Readiness to facilitate the collaboration of kindergarten, elementary, secondary, and postsecondary educational institutions in Arkansas in developing college and career readiness standards that align school curriculum and graduation standards with postsecondary education requirements and business community expectations for employability. (b) The council shall consist of eleven (11) members as follows: (1) The Commissioner of Elementary and Secondary Education or his or her designee; (2) The Commissioner of the Division of Higher Education or his or her designee; (3) The Director of the Division of Career and Technical Education or his or her designee; (4) The Director of the Arkansas Economic Development Commission or his or her designee; (5) The Director of the Division of Workforce Services or his or her designee; (6) A president or chancellor of an Arkansas four-year institution of higher education or his or her designee, appointed annually by the Commissioner of the Division of Higher Education; (7) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee; (8) The Executive Director of Arkansas Community Colleges or his or her designee; (9) The Executive Director of the Arkansas Education Association or his or her designee; (10) The Executive Director of the Arkansas School Boards Association or his or her designee; and (11) The President of the Arkansas State Chamber of Commerce and the Associated Industries of Arkansas or his or her designee. (c) (1) The Commissioner of Elementary and Secondary Education or his or her designee shall call the first meeting of the council and serve as chair for the first meeting. (2) The first meeting shall occur within thirty (30) days of the effective date of this subchapter. (d) At the first meeting of the council and annually thereafter, the voting members of the council shall elect one (1) member to serve as chair for one (1) year. (e) (1) All members are voting members except the chair, who may vote only to break a tie vote. (2) A majority of the members shall constitute a quorum for the transaction of business. (f) The council shall meet at least three (3) times in a calendar year. (g) The Department of Education shall provide meeting space and staff for the council. (h) Council members shall serve without pay and shall not receive expense reimbursement except from the agency or institution employing the member. Amended by Act 2023, No. 786,§ 3, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 1069, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1068, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1067, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 135, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 67, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 67, eff. 7/1/2015. Added by Act 2013, No. 585,§ 1, eff. 8/16/2013.

(a) This subchapter establishes the Council on Postsecondary Education and Career Readiness to facilitate the collaboration of kindergarten, elementary, secondary, and postsecondary educational institutions in Arkansas in developing college and career readiness standards that align school curriculum and graduation standards with postsecondary education requirements and business community expectations for employability.

(b) The council shall consist of eleven (11) members as follows: (1) The Commissioner of Elementary and Secondary Education or his or her designee; (2) The Commissioner of the Division of Higher Education or his or her designee; (3) The Director of the Division of Career and Technical Education or his or her designee; (4) The Director of the Arkansas Economic Development Commission or his or her designee; (5) The Director of the Division of Workforce Services or his or her designee; (6) A president or chancellor of an Arkansas four-year institution of higher education or his or her designee, appointed annually by the Commissioner of the Division of Higher Education; (7) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee; (8) The Executive Director of Arkansas Community Colleges or his or her designee; (9) The Executive Director of the Arkansas Education Association or his or her designee; (10) The Executive Director of the Arkansas School Boards Association or his or her designee; and (11) The President of the Arkansas State Chamber of Commerce and the Associated Industries of Arkansas or his or her designee.

(1) The Commissioner of Elementary and Secondary Education or his or her designee;

(2) The Commissioner of the Division of Higher Education or his or her designee;

(3) The Director of the Division of Career and Technical Education or his or her designee;

(4) The Director of the Arkansas Economic Development Commission or his or her designee;

(5) The Director of the Division of Workforce Services or his or her designee;

(6) A president or chancellor of an Arkansas four-year institution of higher education or his or her designee, appointed annually by the Commissioner of the Division of Higher Education;

(7) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee;

(8) The Executive Director of Arkansas Community Colleges or his or her designee;

(9) The Executive Director of the Arkansas Education Association or his or her designee;

(10) The Executive Director of the Arkansas School Boards Association or his or her designee; and

(11) The President of the Arkansas State Chamber of Commerce and the Associated Industries of Arkansas or his or her designee.

(c) (1) The Commissioner of Elementary and Secondary Education or his or her designee shall call the first meeting of the council and serve as chair for the first meeting. (2) The first meeting shall occur within thirty (30) days of the effective date of this subchapter.

(1) The Commissioner of Elementary and Secondary Education or his or her designee shall call the first meeting of the council and serve as chair for the first meeting.

(2) The first meeting shall occur within thirty (30) days of the effective date of this subchapter.

(d) At the first meeting of the council and annually thereafter, the voting members of the council shall elect one (1) member to serve as chair for one (1) year.

(e) (1) All members are voting members except the chair, who may vote only to break a tie vote. (2) A majority of the members shall constitute a quorum for the transaction of business.

(1) All members are voting members except the chair, who may vote only to break a tie vote.

(2) A majority of the members shall constitute a quorum for the transaction of business.

(f) The council shall meet at least three (3) times in a calendar year.

(g) The Department of Education shall provide meeting space and staff for the council.

(h) Council members shall serve without pay and shall not receive expense reimbursement except from the agency or institution employing the member.

Amended by Act 2023, No. 786,§ 3, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 1069, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1068, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1067, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 135, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 67, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 67, eff. 7/1/2015.

Added by Act 2013, No. 585,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 6-20-2210 — AR Code / Title 6 / Chapter 20 / Subchapter 22 / Section 6-20-2210
Limitation on fund balances - Definitions
Status: in_force

(a) As used in this section: (1) "Facilities master plan" means the same as defined in § 6-21-803 ; (2) "Net legal balance" means the: (A) Combined balance for a public school district's teacher's salary fund, operating fund, and debt services fund; minus (B) Combined balance for the following funds for a public school district's categorical funding: (i) National school lunch fund; (ii) Alternative learning environment fund; (iii) English learner fund; and (iv) Professional development fund; minus (C) Escrow balance restricted for the retirement of federal qualified bonds; (3) "Net legal balance revenues" means: (A) Revenues placed into the teacher's salary fund, operating fund, and debt services fund; minus (B) Revenues placed into the: (i) National school lunch fund; (ii) Alternative learning environment fund; (iii) English learner fund; or (iv) Professional development fund; minus (C) Proceeds derived from federal qualified bonds; (4) (A) "Revenues" means the same as defined in the latest version of the Arkansas Financial Accounting Handbook established by the Division of Elementary and Secondary Education under § 6-20-2203 . (B) "Revenues" does not include financing sources such as: (i) Bond or other debt proceeds; (ii) Loans; (iii) Bonded debt refunding savings; (iv) Consolidation and annexation funding; (v) Audit adjustments; (vi) Proceeds from the sale or loss of public school district real or personal property; (vii) Interfund transfers; or (viii) Other similar nonrevenue financing sources as defined in: (a) The latest version of the Arkansas Financial Accounting Handbook established by the division under § 6-20-2203 ; or (b) Rules promulgated by the division; and (5) "School district" means the same as defined in § 6-21-803 . (b) If at the close of the fiscal year a public school district has a net legal balance that exceeds twenty percent (20%) of the public school district's current year net legal balance revenues, the public school district shall within five (5) years reduce its net legal balance to no more than twenty percent (20%) of the public school district's current year net legal balance revenues. (c) A public school district may reduce its excess net legal balance under subsection (a) of this section by: (1) (A) Transferring funds into the public school district's building fund. (B) Any funds transferred into the public school district's building fund under subdivision (c)(1)(A) of this section shall be used for construction, renovation, repair, or other planned building fund expenditure or project allowed within building fund coding specifications in the latest version of the annual financial report and budget expenditures fund specification of the Arkansas Public School Computer Network. (C) If the construction, renovation, repair, or other planned building fund expenditure or project under subdivision (c)(1)(B) of this section is cancelled or revised such that the funds are no longer dedicated to the construction, renovation, repair, or other planned building fund expenditure or project, the public school district may transfer the funds back into the fund from which the transfer was made under subdivision (c)(1)(A) of this section unless transferring the funds will result in the net legal fund balance exceeding twenty percent (20%) of the public school district's current year net legal balance revenues; or (2) Spending funds on, including without limitation: (A) Prekindergarten programs; (B) Remediation programs; (C) Career and technical education or workforce readiness programs; or (D) Any other program or for any other purpose authorized by law. (d) (1) The division shall: (A) Monitor on a yearly basis each public school district's compliance with the requirements of this section; and (B) Withhold subsequent state funding from a public school district in the amounts under subdivision (d)(2) of this section for each year the public school district fails to make the required reduction. (2) If a public school district fails to reduce every year within the five-year period its net legal balance by twenty percent (20%) of the total required reduction under subsection (b) of this section, the division shall withhold subsequent state funding from that public school district in an amount equal to the amount the public school district failed to reduce its net legal balance for that year. (e) (1) Under an unusual and limited circumstance, including without limitation an increase in one-time funds, a public school district may request that the division waive the requirements of this section. (2) A public school district seeking a waiver shall file a waiver request with the Commissioner of Elementary and Secondary Education, accompanied by a resolution adopted by the public school district's board of directors, describing the unusual and limited circumstances. (3) The commissioner may grant a waiver request under this subsection if the commissioner finds that the request is necessary based upon the unusual and limited circumstances. (f) The division shall promulgate rules to implement this section. Amended by Act 2023, No. 793,§ 9, eff. 8/1/2023. Amended by Act 2023, No. 793,§ 8, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 1671, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1670, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1669, eff. 7/1/2019. Added by Act 2017, No. 1105,§ 1, eff. 8/1/2017.

(a) As used in this section: (1) "Facilities master plan" means the same as defined in § 6-21-803 ; (2) "Net legal balance" means the: (A) Combined balance for a public school district's teacher's salary fund, operating fund, and debt services fund; minus (B) Combined balance for the following funds for a public school district's categorical funding: (i) National school lunch fund; (ii) Alternative learning environment fund; (iii) English learner fund; and (iv) Professional development fund; minus (C) Escrow balance restricted for the retirement of federal qualified bonds; (3) "Net legal balance revenues" means: (A) Revenues placed into the teacher's salary fund, operating fund, and debt services fund; minus (B) Revenues placed into the: (i) National school lunch fund; (ii) Alternative learning environment fund; (iii) English learner fund; or (iv) Professional development fund; minus (C) Proceeds derived from federal qualified bonds; (4) (A) "Revenues" means the same as defined in the latest version of the Arkansas Financial Accounting Handbook established by the Division of Elementary and Secondary Education under § 6-20-2203 . (B) "Revenues" does not include financing sources such as: (i) Bond or other debt proceeds; (ii) Loans; (iii) Bonded debt refunding savings; (iv) Consolidation and annexation funding; (v) Audit adjustments; (vi) Proceeds from the sale or loss of public school district real or personal property; (vii) Interfund transfers; or (viii) Other similar nonrevenue financing sources as defined in: (a) The latest version of the Arkansas Financial Accounting Handbook established by the division under § 6-20-2203 ; or (b) Rules promulgated by the division; and (5) "School district" means the same as defined in § 6-21-803 .

(1) "Facilities master plan" means the same as defined in § 6-21-803 ;

(2) "Net legal balance" means the: (A) Combined balance for a public school district's teacher's salary fund, operating fund, and debt services fund; minus (B) Combined balance for the following funds for a public school district's categorical funding: (i) National school lunch fund; (ii) Alternative learning environment fund; (iii) English learner fund; and (iv) Professional development fund; minus (C) Escrow balance restricted for the retirement of federal qualified bonds;

(A) Combined balance for a public school district's teacher's salary fund, operating fund, and debt services fund; minus

(B) Combined balance for the following funds for a public school district's categorical funding: (i) National school lunch fund; (ii) Alternative learning environment fund; (iii) English learner fund; and (iv) Professional development fund; minus

(i) National school lunch fund;

(ii) Alternative learning environment fund;

(iii) English learner fund; and

(iv) Professional development fund; minus

(C) Escrow balance restricted for the retirement of federal qualified bonds;

(3) "Net legal balance revenues" means: (A) Revenues placed into the teacher's salary fund, operating fund, and debt services fund; minus (B) Revenues placed into the: (i) National school lunch fund; (ii) Alternative learning environment fund; (iii) English learner fund; or (iv) Professional development fund; minus (C) Proceeds derived from federal qualified bonds;

(A) Revenues placed into the teacher's salary fund, operating fund, and debt services fund; minus

(B) Revenues placed into the: (i) National school lunch fund; (ii) Alternative learning environment fund; (iii) English learner fund; or (iv) Professional development fund; minus

(i) National school lunch fund;

(ii) Alternative learning environment fund;

(iii) English learner fund; or

(iv) Professional development fund; minus

(C) Proceeds derived from federal qualified bonds;

(4) (A) "Revenues" means the same as defined in the latest version of the Arkansas Financial Accounting Handbook established by the Division of Elementary and Secondary Education under § 6-20-2203 . (B) "Revenues" does not include financing sources such as: (i) Bond or other debt proceeds; (ii) Loans; (iii) Bonded debt refunding savings; (iv) Consolidation and annexation funding; (v) Audit adjustments; (vi) Proceeds from the sale or loss of public school district real or personal property; (vii) Interfund transfers; or (viii) Other similar nonrevenue financing sources as defined in: (a) The latest version of the Arkansas Financial Accounting Handbook established by the division under § 6-20-2203 ; or (b) Rules promulgated by the division; and

(A) "Revenues" means the same as defined in the latest version of the Arkansas Financial Accounting Handbook established by the Division of Elementary and Secondary Education under § 6-20-2203 .

(B) "Revenues" does not include financing sources such as: (i) Bond or other debt proceeds; (ii) Loans; (iii) Bonded debt refunding savings; (iv) Consolidation and annexation funding; (v) Audit adjustments; (vi) Proceeds from the sale or loss of public school district real or personal property; (vii) Interfund transfers; or (viii) Other similar nonrevenue financing sources as defined in: (a) The latest version of the Arkansas Financial Accounting Handbook established by the division under § 6-20-2203 ; or (b) Rules promulgated by the division; and

(i) Bond or other debt proceeds;

(ii) Loans;

(iii) Bonded debt refunding savings;

(iv) Consolidation and annexation funding;

(v) Audit adjustments;

(vi) Proceeds from the sale or loss of public school district real or personal property;

(vii) Interfund transfers; or

(viii) Other similar nonrevenue financing sources as defined in: (a) The latest version of the Arkansas Financial Accounting Handbook established by the division under § 6-20-2203 ; or (b) Rules promulgated by the division; and

(a) The latest version of the Arkansas Financial Accounting Handbook established by the division under § 6-20-2203 ; or

(b) Rules promulgated by the division; and

(5) "School district" means the same as defined in § 6-21-803 .

(b) If at the close of the fiscal year a public school district has a net legal balance that exceeds twenty percent (20%) of the public school district's current year net legal balance revenues, the public school district shall within five (5) years reduce its net legal balance to no more than twenty percent (20%) of the public school district's current year net legal balance revenues.

(c) A public school district may reduce its excess net legal balance under subsection (a) of this section by: (1) (A) Transferring funds into the public school district's building fund. (B) Any funds transferred into the public school district's building fund under subdivision (c)(1)(A) of this section shall be used for construction, renovation, repair, or other planned building fund expenditure or project allowed within building fund coding specifications in the latest version of the annual financial report and budget expenditures fund specification of the Arkansas Public School Computer Network. (C) If the construction, renovation, repair, or other planned building fund expenditure or project under subdivision (c)(1)(B) of this section is cancelled or revised such that the funds are no longer dedicated to the construction, renovation, repair, or other planned building fund expenditure or project, the public school district may transfer the funds back into the fund from which the transfer was made under subdivision (c)(1)(A) of this section unless transferring the funds will result in the net legal fund balance exceeding twenty percent (20%) of the public school district's current year net legal balance revenues; or (2) Spending funds on, including without limitation: (A) Prekindergarten programs; (B) Remediation programs; (C) Career and technical education or workforce readiness programs; or (D) Any other program or for any other purpose authorized by law.

(1) (A) Transferring funds into the public school district's building fund. (B) Any funds transferred into the public school district's building fund under subdivision (c)(1)(A) of this section shall be used for construction, renovation, repair, or other planned building fund expenditure or project allowed within building fund coding specifications in the latest version of the annual financial report and budget expenditures fund specification of the Arkansas Public School Computer Network. (C) If the construction, renovation, repair, or other planned building fund expenditure or project under subdivision (c)(1)(B) of this section is cancelled or revised such that the funds are no longer dedicated to the construction, renovation, repair, or other planned building fund expenditure or project, the public school district may transfer the funds back into the fund from which the transfer was made under subdivision (c)(1)(A) of this section unless transferring the funds will result in the net legal fund balance exceeding twenty percent (20%) of the public school district's current year net legal balance revenues; or

(A) Transferring funds into the public school district's building fund.

(B) Any funds transferred into the public school district's building fund under subdivision (c)(1)(A) of this section shall be used for construction, renovation, repair, or other planned building fund expenditure or project allowed within building fund coding specifications in the latest version of the annual financial report and budget expenditures fund specification of the Arkansas Public School Computer Network.

(C) If the construction, renovation, repair, or other planned building fund expenditure or project under subdivision (c)(1)(B) of this section is cancelled or revised such that the funds are no longer dedicated to the construction, renovation, repair, or other planned building fund expenditure or project, the public school district may transfer the funds back into the fund from which the transfer was made under subdivision (c)(1)(A) of this section unless transferring the funds will result in the net legal fund balance exceeding twenty percent (20%) of the public school district's current year net legal balance revenues; or

(2) Spending funds on, including without limitation: (A) Prekindergarten programs; (B) Remediation programs; (C) Career and technical education or workforce readiness programs; or (D) Any other program or for any other purpose authorized by law.

(A) Prekindergarten programs;

(B) Remediation programs;

(C) Career and technical education or workforce readiness programs; or

(D) Any other program or for any other purpose authorized by law.

(d) (1) The division shall: (A) Monitor on a yearly basis each public school district's compliance with the requirements of this section; and (B) Withhold subsequent state funding from a public school district in the amounts under subdivision (d)(2) of this section for each year the public school district fails to make the required reduction. (2) If a public school district fails to reduce every year within the five-year period its net legal balance by twenty percent (20%) of the total required reduction under subsection (b) of this section, the division shall withhold subsequent state funding from that public school district in an amount equal to the amount the public school district failed to reduce its net legal balance for that year.

(1) The division shall: (A) Monitor on a yearly basis each public school district's compliance with the requirements of this section; and (B) Withhold subsequent state funding from a public school district in the amounts under subdivision (d)(2) of this section for each year the public school district fails to make the required reduction.

(A) Monitor on a yearly basis each public school district's compliance with the requirements of this section; and

(B) Withhold subsequent state funding from a public school district in the amounts under subdivision (d)(2) of this section for each year the public school district fails to make the required reduction.

(2) If a public school district fails to reduce every year within the five-year period its net legal balance by twenty percent (20%) of the total required reduction under subsection (b) of this section, the division shall withhold subsequent state funding from that public school district in an amount equal to the amount the public school district failed to reduce its net legal balance for that year.

(e) (1) Under an unusual and limited circumstance, including without limitation an increase in one-time funds, a public school district may request that the division waive the requirements of this section. (2) A public school district seeking a waiver shall file a waiver request with the Commissioner of Elementary and Secondary Education, accompanied by a resolution adopted by the public school district's board of directors, describing the unusual and limited circumstances. (3) The commissioner may grant a waiver request under this subsection if the commissioner finds that the request is necessary based upon the unusual and limited circumstances.

(1) Under an unusual and limited circumstance, including without limitation an increase in one-time funds, a public school district may request that the division waive the requirements of this section.

(2) A public school district seeking a waiver shall file a waiver request with the Commissioner of Elementary and Secondary Education, accompanied by a resolution adopted by the public school district's board of directors, describing the unusual and limited circumstances.

(3) The commissioner may grant a waiver request under this subsection if the commissioner finds that the request is necessary based upon the unusual and limited circumstances.

(f) The division shall promulgate rules to implement this section.

Amended by Act 2023, No. 793,§ 9, eff. 8/1/2023.

Amended by Act 2023, No. 793,§ 8, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 1671, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1670, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1669, eff. 7/1/2019.

Added by Act 2017, No. 1105,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 6-13-1018 — AR Code / Title 6 / Chapter 13 / Subchapter 10 / Section 6-13-1018
Participation of local school districts - Contracts
Status: in_force

(a) Each school district within the service area of the education service cooperative shall be entitled to participate in those programs and services which are fully supported by state funds. (b) No school district shall be required to participate in any service. (c) School districts may enter into contracts with the education service cooperative for services supported partially or completely by local school funds. (d) School districts within one (1) education service cooperative may also contract for services with another education service cooperative. Acts 1985, No. 349, § 9; A.S.A. 1947, § 80-489.8.

(a) Each school district within the service area of the education service cooperative shall be entitled to participate in those programs and services which are fully supported by state funds.

(b) No school district shall be required to participate in any service.

(c) School districts may enter into contracts with the education service cooperative for services supported partially or completely by local school funds.

(d) School districts within one (1) education service cooperative may also contract for services with another education service cooperative.

Acts 1985, No. 349, § 9; A.S.A. 1947, § 80-489.8.
Ark. Code Ann. § 6-17-309 — AR Code / Title 6 / Chapter 17 / Subchapter 3 / Section 6-17-309
Licensure - Waiver
Status: in_force

(a) (1) A class of students shall not be under the instruction of a teacher who is not licensed to teach the grade level or subject matter of the class for more than sixty (60) consecutive school days in the same class during a school year. (2) This subsection shall not apply to: (A) Nondegreed vocational-technical teachers; (B) Individuals approved by the Division of Elementary and Secondary Education to teach the grade level or subject matter of the class in the Division of Elementary and Secondary Education's distance learning program; (C) Individuals teaching concurrent credit courses or advanced placement courses who: (i) Are employed by a postsecondary institution; (ii) Meet the qualification requirements of a postsecondary institution or the Division of Career and Technical Education; and (iii) Are teaching in a course in which credit is offered by an institution of higher education or a technical institute; (D) Licensed teachers teaching in one (1) of the following settings: (i) An alternative learning environment; (ii) A juvenile detention facility; (iii) A residential and day alcohol, drug, and psychiatric facility program; (iv) An emergency youth shelter; (v) A facility of the Division of Youth Services; or (vi) A facility of the Division of Developmental Disabilities Services; (E) Licensed special education teachers who are teaching two (2) or more core academic subjects exclusively to children with disabilities; or (F) Teachers who are working under an Aspiring Teacher permit for a period of time not to exceed one (1) academic year or two (2) consecutive semesters. (b) (1) If this requirement imposes an undue hardship on a school district, the school district may apply to the State Board of Education for a waiver. (2) The state board shall develop rules for granting a waiver. (3) Any school district that obtains a waiver shall send written notice of the assignment to the parent or guardian of each student in the classroom no later than the sixtieth school day after the date of the assignment. (4) [Repealed.] Amended by Act 2023, No. 732,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 228, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1370, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1369, eff. 7/1/2019. Amended by Act 2013, No. 1138,§ 33, eff. 8/16/2013. Acts 2001, No. 1623, § 1; 2005, No. 2151, § 16; 2007, No. 1007, § 1; 2007, No. 1573, § 22.

(a) (1) A class of students shall not be under the instruction of a teacher who is not licensed to teach the grade level or subject matter of the class for more than sixty (60) consecutive school days in the same class during a school year. (2) This subsection shall not apply to: (A) Nondegreed vocational-technical teachers; (B) Individuals approved by the Division of Elementary and Secondary Education to teach the grade level or subject matter of the class in the Division of Elementary and Secondary Education's distance learning program; (C) Individuals teaching concurrent credit courses or advanced placement courses who: (i) Are employed by a postsecondary institution; (ii) Meet the qualification requirements of a postsecondary institution or the Division of Career and Technical Education; and (iii) Are teaching in a course in which credit is offered by an institution of higher education or a technical institute; (D) Licensed teachers teaching in one (1) of the following settings: (i) An alternative learning environment; (ii) A juvenile detention facility; (iii) A residential and day alcohol, drug, and psychiatric facility program; (iv) An emergency youth shelter; (v) A facility of the Division of Youth Services; or (vi) A facility of the Division of Developmental Disabilities Services; (E) Licensed special education teachers who are teaching two (2) or more core academic subjects exclusively to children with disabilities; or (F) Teachers who are working under an Aspiring Teacher permit for a period of time not to exceed one (1) academic year or two (2) consecutive semesters.

(1) A class of students shall not be under the instruction of a teacher who is not licensed to teach the grade level or subject matter of the class for more than sixty (60) consecutive school days in the same class during a school year.

(2) This subsection shall not apply to: (A) Nondegreed vocational-technical teachers; (B) Individuals approved by the Division of Elementary and Secondary Education to teach the grade level or subject matter of the class in the Division of Elementary and Secondary Education's distance learning program; (C) Individuals teaching concurrent credit courses or advanced placement courses who: (i) Are employed by a postsecondary institution; (ii) Meet the qualification requirements of a postsecondary institution or the Division of Career and Technical Education; and (iii) Are teaching in a course in which credit is offered by an institution of higher education or a technical institute; (D) Licensed teachers teaching in one (1) of the following settings: (i) An alternative learning environment; (ii) A juvenile detention facility; (iii) A residential and day alcohol, drug, and psychiatric facility program; (iv) An emergency youth shelter; (v) A facility of the Division of Youth Services; or (vi) A facility of the Division of Developmental Disabilities Services; (E) Licensed special education teachers who are teaching two (2) or more core academic subjects exclusively to children with disabilities; or (F) Teachers who are working under an Aspiring Teacher permit for a period of time not to exceed one (1) academic year or two (2) consecutive semesters.

(A) Nondegreed vocational-technical teachers;

(B) Individuals approved by the Division of Elementary and Secondary Education to teach the grade level or subject matter of the class in the Division of Elementary and Secondary Education's distance learning program;

(C) Individuals teaching concurrent credit courses or advanced placement courses who: (i) Are employed by a postsecondary institution; (ii) Meet the qualification requirements of a postsecondary institution or the Division of Career and Technical Education; and (iii) Are teaching in a course in which credit is offered by an institution of higher education or a technical institute;

(i) Are employed by a postsecondary institution;

(ii) Meet the qualification requirements of a postsecondary institution or the Division of Career and Technical Education; and

(iii) Are teaching in a course in which credit is offered by an institution of higher education or a technical institute;

(D) Licensed teachers teaching in one (1) of the following settings: (i) An alternative learning environment; (ii) A juvenile detention facility; (iii) A residential and day alcohol, drug, and psychiatric facility program; (iv) An emergency youth shelter; (v) A facility of the Division of Youth Services; or (vi) A facility of the Division of Developmental Disabilities Services;

(i) An alternative learning environment;

(ii) A juvenile detention facility;

(iii) A residential and day alcohol, drug, and psychiatric facility program;

(iv) An emergency youth shelter;

(v) A facility of the Division of Youth Services; or

(vi) A facility of the Division of Developmental Disabilities Services;

(E) Licensed special education teachers who are teaching two (2) or more core academic subjects exclusively to children with disabilities; or

(F) Teachers who are working under an Aspiring Teacher permit for a period of time not to exceed one (1) academic year or two (2) consecutive semesters.

(b) (1) If this requirement imposes an undue hardship on a school district, the school district may apply to the State Board of Education for a waiver. (2) The state board shall develop rules for granting a waiver. (3) Any school district that obtains a waiver shall send written notice of the assignment to the parent or guardian of each student in the classroom no later than the sixtieth school day after the date of the assignment. (4) [Repealed.]

(1) If this requirement imposes an undue hardship on a school district, the school district may apply to the State Board of Education for a waiver.

(2) The state board shall develop rules for granting a waiver.

(3) Any school district that obtains a waiver shall send written notice of the assignment to the parent or guardian of each student in the classroom no later than the sixtieth school day after the date of the assignment.

(4) [Repealed.]

Amended by Act 2023, No. 732,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 228, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1370, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1369, eff. 7/1/2019.

Amended by Act 2013, No. 1138,§ 33, eff. 8/16/2013.

Acts 2001, No. 1623, § 1; 2005, No. 2151, § 16; 2007, No. 1007, § 1; 2007, No. 1573, § 22.
Ark. Code Ann. § 6-51-302 — AR Code / Title 6 / Chapter 51 / Subchapter 3 / Section 6-51-302
Approval of center establishment
Status: in_force

(a) The State Board of Education shall review recommendations from the Career Education and Workforce Development Board to establish new vocational centers to serve high school students from several school districts in locations where services are needed to: (1) Support economic, industrial, and employment development efforts; (2) Provide equity and substantially equal access to quality vocational programs; and (3) Improve school programs to assist schools in meeting accreditation standards. (b) The State Board of Education shall approve only centers which utilize existing vocational education resources such as facilities, equipment, etc., except in those geographic areas in which comprehensive vocational offerings have not been developed and the State Board of Education determines that those resources must be developed to accomplish the above purposes. (c) If a postsecondary vocational-technical school or two-year college which operates a secondary vocational center merges or consolidates with a public institution of higher education, the secondary vocational center may continue to be administered by the institution of higher education involved in the merger or consolidation. (d) The provisions of this section are contingent on the appropriation of funding necessary to allow the State Board of Education to carry out the duties assigned to the State Board of Education under this section. (e) All existing vocational centers may be reviewed by the State Board of Education at the discretion of the State Board of Education. (f) The Office of Skills Development shall provide annually a report to the State Board of Education on the financial viability of vocational centers, enrollment, programs, and the success of students. Amended by Act 2021, No. 545,§ 18, eff. 7/28/2021. Acts 1985, No. 788, § 1; A.S.A. 1947, § 80-2593; Acts 1999, No. 1323, § 39; 2001, No. 819, § 2.

(a) The State Board of Education shall review recommendations from the Career Education and Workforce Development Board to establish new vocational centers to serve high school students from several school districts in locations where services are needed to: (1) Support economic, industrial, and employment development efforts; (2) Provide equity and substantially equal access to quality vocational programs; and (3) Improve school programs to assist schools in meeting accreditation standards.

(1) Support economic, industrial, and employment development efforts;

(2) Provide equity and substantially equal access to quality vocational programs; and

(3) Improve school programs to assist schools in meeting accreditation standards.

(b) The State Board of Education shall approve only centers which utilize existing vocational education resources such as facilities, equipment, etc., except in those geographic areas in which comprehensive vocational offerings have not been developed and the State Board of Education determines that those resources must be developed to accomplish the above purposes.

(c) If a postsecondary vocational-technical school or two-year college which operates a secondary vocational center merges or consolidates with a public institution of higher education, the secondary vocational center may continue to be administered by the institution of higher education involved in the merger or consolidation.

(d) The provisions of this section are contingent on the appropriation of funding necessary to allow the State Board of Education to carry out the duties assigned to the State Board of Education under this section.

(e) All existing vocational centers may be reviewed by the State Board of Education at the discretion of the State Board of Education.

(f) The Office of Skills Development shall provide annually a report to the State Board of Education on the financial viability of vocational centers, enrollment, programs, and the success of students.

Amended by Act 2021, No. 545,§ 18, eff. 7/28/2021.

Acts 1985, No. 788, § 1; A.S.A. 1947, § 80-2593; Acts 1999, No. 1323, § 39; 2001, No. 819, § 2.
Ark. Code Ann. § 6-41-902 — AR Code / Title 6 / Chapter 41 / Subchapter 9 / Section 6-41-902
[Repealed]
Status: repealed

Repealed by Act 2023, No. 237,§ 52, eff. 3/8/2023. Amended by Act 2021, No. 741,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 689,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 689,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 1078,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 548,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1789, eff. 7/1/2019. Amended by Act 2017, No. 637,§ 1, eff. 8/1/2017. Added by Act 2015, No. 1178,§ 1, eff. 7/22/2015.

Repealed by Act 2023, No. 237,§ 52, eff. 3/8/2023.

Amended by Act 2021, No. 741,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 689,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 689,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 1078,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 548,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1789, eff. 7/1/2019.

Amended by Act 2017, No. 637,§ 1, eff. 8/1/2017.

Added by Act 2015, No. 1178,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 6-13-1030 — AR Code / Title 6 / Chapter 13 / Subchapter 10 / Section 6-13-1030
Removal from fiscal distress status
Status: in_force

(a) The Division of Elementary and Secondary Education shall certify in writing to the education service cooperative that the education service cooperative may be removed from fiscal distress status when the division determines that the education service cooperative has: (1) Corrected all of the criteria under § 6-13-1027 that led to the classification of fiscal distress; and (2) Complied with all division recommendations and requirements for removal from fiscal distress status. (b) (1) Within thirty (30) days of receiving the division's certification under subsection (a) of this section, an education service cooperative may petition the State Board of Education in writing for removal from fiscal distress. (2) An education service cooperative may not petition the state board for removal from fiscal distress status before the division makes the certification under subsection (a) of this section. (c) Within sixty (60) days of receiving the petition for removal from fiscal distress, the state board shall deny the petition or remove the education service cooperative from fiscal distress status. (d) If an education service cooperative fails to meet the division's requirements for removal from fiscal distress status within two (2) consecutive school years of being classified in fiscal distress, the state board shall: (1) Reorganize the administrative unit of the education service cooperative under § 6-13-1029 ; or (2) (A) Issue a written finding supported by a majority vote of the state board explaining in detail that the education service cooperative could not comply with this section due to impossibility caused by external forces beyond the education service cooperative's control. (B) The state board shall extend the classification of fiscal distress for one (1) additional year within which time the education service cooperative shall comply with all conditions for removal from fiscal distress status under this section. (e) Within fifteen (15) days of making a decision under this section, the state board shall notify the education service cooperative of its decision and include with the notice a copy of a written finding issued under subsection (d) of this section. Amended by Act 2019, No. 910,§ 1161, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1160, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1159, eff. 7/1/2019. Acts 2009, No. 1289, § 4.

(a) The Division of Elementary and Secondary Education shall certify in writing to the education service cooperative that the education service cooperative may be removed from fiscal distress status when the division determines that the education service cooperative has: (1) Corrected all of the criteria under § 6-13-1027 that led to the classification of fiscal distress; and (2) Complied with all division recommendations and requirements for removal from fiscal distress status.

(1) Corrected all of the criteria under § 6-13-1027 that led to the classification of fiscal distress; and

(2) Complied with all division recommendations and requirements for removal from fiscal distress status.

(b) (1) Within thirty (30) days of receiving the division's certification under subsection (a) of this section, an education service cooperative may petition the State Board of Education in writing for removal from fiscal distress. (2) An education service cooperative may not petition the state board for removal from fiscal distress status before the division makes the certification under subsection (a) of this section.

(1) Within thirty (30) days of receiving the division's certification under subsection (a) of this section, an education service cooperative may petition the State Board of Education in writing for removal from fiscal distress.

(2) An education service cooperative may not petition the state board for removal from fiscal distress status before the division makes the certification under subsection (a) of this section.

(c) Within sixty (60) days of receiving the petition for removal from fiscal distress, the state board shall deny the petition or remove the education service cooperative from fiscal distress status.

(d) If an education service cooperative fails to meet the division's requirements for removal from fiscal distress status within two (2) consecutive school years of being classified in fiscal distress, the state board shall: (1) Reorganize the administrative unit of the education service cooperative under § 6-13-1029 ; or (2) (A) Issue a written finding supported by a majority vote of the state board explaining in detail that the education service cooperative could not comply with this section due to impossibility caused by external forces beyond the education service cooperative's control. (B) The state board shall extend the classification of fiscal distress for one (1) additional year within which time the education service cooperative shall comply with all conditions for removal from fiscal distress status under this section.

(1) Reorganize the administrative unit of the education service cooperative under § 6-13-1029 ; or

(2) (A) Issue a written finding supported by a majority vote of the state board explaining in detail that the education service cooperative could not comply with this section due to impossibility caused by external forces beyond the education service cooperative's control. (B) The state board shall extend the classification of fiscal distress for one (1) additional year within which time the education service cooperative shall comply with all conditions for removal from fiscal distress status under this section.

(A) Issue a written finding supported by a majority vote of the state board explaining in detail that the education service cooperative could not comply with this section due to impossibility caused by external forces beyond the education service cooperative's control.

(B) The state board shall extend the classification of fiscal distress for one (1) additional year within which time the education service cooperative shall comply with all conditions for removal from fiscal distress status under this section.

(e) Within fifteen (15) days of making a decision under this section, the state board shall notify the education service cooperative of its decision and include with the notice a copy of a written finding issued under subsection (d) of this section.

Amended by Act 2019, No. 910,§ 1161, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1160, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1159, eff. 7/1/2019.

Acts 2009, No. 1289, § 4.
Ark. Code Ann. § 6-62-718 — AR Code / Title 6 / Chapter 62 / Subchapter 7 / Section 6-62-718
Bonds - General obligations - Pledge of revenues
Status: in_force

(a) The bonds shall be direct general obligations of the State of Arkansas, for the payment of the debt service on which the full faith and credit of the State of Arkansas are hereby irrevocably pledged so long as any such bonds are outstanding. (b) The bonds shall be payable from the general revenues of the state as such term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., and such amount of general revenues as is necessary is hereby pledged to the payment of debt service on the bonds and shall be and remain pledged for such purposes. Acts 1989, No. 683, § 11.

(a) The bonds shall be direct general obligations of the State of Arkansas, for the payment of the debt service on which the full faith and credit of the State of Arkansas are hereby irrevocably pledged so long as any such bonds are outstanding.

(b) The bonds shall be payable from the general revenues of the state as such term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., and such amount of general revenues as is necessary is hereby pledged to the payment of debt service on the bonds and shall be and remain pledged for such purposes.

Acts 1989, No. 683, § 11.
Ark. Code Ann. § 6-16-1504 — AR Code / Title 6 / Chapter 16 / Subchapter 15 / Section 6-16-1504
School district participation
Status: in_force

(a) A school district may participate in the Reengagement System and Differentiated Pathway to a High School Diploma Program by entering into: (1) A model contract as specified under § 6-16-1505 ; or (2) An interlocal agreement as specified under § 6-16-1505 . (b) This section does not affect the authority of a school district to: (1) Contract for educational services; (2) Offer reengagement programs that include career and college classes, internship opportunities, or other educational services for eligible students directly; or (3) Have an audit conducted to ensure that the participating program offered by the school district meets academic standards adopted by the Division of Elementary and Secondary Education. Amended by Act 2019, No. 910,§ 1356, eff. 7/1/2019. Added by Act 2015, No. 1260,§ 1, eff. 7/22/2015.

(a) A school district may participate in the Reengagement System and Differentiated Pathway to a High School Diploma Program by entering into: (1) A model contract as specified under § 6-16-1505 ; or (2) An interlocal agreement as specified under § 6-16-1505 .

(1) A model contract as specified under § 6-16-1505 ; or

(2) An interlocal agreement as specified under § 6-16-1505 .

(b) This section does not affect the authority of a school district to: (1) Contract for educational services; (2) Offer reengagement programs that include career and college classes, internship opportunities, or other educational services for eligible students directly; or (3) Have an audit conducted to ensure that the participating program offered by the school district meets academic standards adopted by the Division of Elementary and Secondary Education.

(1) Contract for educational services;

(2) Offer reengagement programs that include career and college classes, internship opportunities, or other educational services for eligible students directly; or

(3) Have an audit conducted to ensure that the participating program offered by the school district meets academic standards adopted by the Division of Elementary and Secondary Education.

Amended by Act 2019, No. 910,§ 1356, eff. 7/1/2019.

Added by Act 2015, No. 1260,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 6-2-102 — AR Code / Title 6 / Chapter 2 / Section 6-2-102
Number of persons required to incorporate - Name of association
Status: in_force

(a) Any number of persons, the multiple of three (3), not less than six (6) nor more than thirty-three (33), who have associated or shall associate, according to the provisions of this chapter, under any name assumed by them, for the purpose of founding or maintaining any institution of learning, and who shall comply with the provisions of this chapter, shall, with their successors, constitute a body corporate under the name assumed by them in their articles of association. (b) The name so assumed shall not be the same as that of any other educational institution in the state. Acts 1911, No. 375, § 1; C. & M. Dig., § 1764; A.S.A. 1947, § 64-1401.

(a) Any number of persons, the multiple of three (3), not less than six (6) nor more than thirty-three (33), who have associated or shall associate, according to the provisions of this chapter, under any name assumed by them, for the purpose of founding or maintaining any institution of learning, and who shall comply with the provisions of this chapter, shall, with their successors, constitute a body corporate under the name assumed by them in their articles of association.

(b) The name so assumed shall not be the same as that of any other educational institution in the state.

Acts 1911, No. 375, § 1; C. & M. Dig., § 1764; A.S.A. 1947, § 64-1401.
Ark. Code Ann. § 6-61-528 — AR Code / Title 6 / Chapter 61 / Subchapter 5 / Section 6-61-528
University Center of Arkansas Northeastern College - Definitions
Status: in_force

(a) In order to provide the residents of northeastern Arkansas with greater access to higher education opportunities beyond those which can be provided by the Arkansas Northeastern College, there is hereby created the university center at the Arkansas Northeastern College. The primary purpose of the General Assembly in creating this center is to meet the needs of persons who cannot, because of family or work responsibilities, leave the area to become students at universities in other communities. It is the intent of the General Assembly, in creating this center, to avoid the establishment of an additional institution of higher education or branch of such institution and to avoid the duplication of administrative personnel and services. (b) The university center at the Arkansas Northeastern College shall be managed and administered by the Board of Trustees of the Arkansas Northeastern College utilizing the administrative staff and support services of the college. (c) The Arkansas Northeastern College shall determine, in cooperation with the public universities and with the approval of the Arkansas Higher Education Coordinating Board, the need for various upper-level and graduate programs and courses and shall encourage such institutions to offer the needed programs and courses. (d) It is the responsibility of the Arkansas Northeastern College District to provide facilities for approved courses and programs at the university center at the Arkansas Northeastern College. (e) This section does not authorize the Arkansas Northeastern College to assume the status of a four-year institution. (f) For the purposes of this section: (1) "Graduate course" means a university course intended for students who have completed a baccalaureate degree; (2) "Graduate program" means a prescribed series of graduate courses which lead to a post-baccalaureate degree; (3) "Upper-level course" means a university course which is considered junior or senior level at the institution offering the course and is not offered at the freshman or sophomore level at the Arkansas Northeastern College; and (4) "Upper-level program" means a prescribed series of university courses offered at the junior and senior level which, when combined with a prescribed series of freshman and sophomore courses, qualify successful students for the baccalaureate degree. Acts 1992 (1st Ex. Sess.), No. 64, §§ 1, 2; 1992 (1st Ex. Sess.), No. 65, §§ 1, 2.

(a) In order to provide the residents of northeastern Arkansas with greater access to higher education opportunities beyond those which can be provided by the Arkansas Northeastern College, there is hereby created the university center at the Arkansas Northeastern College. The primary purpose of the General Assembly in creating this center is to meet the needs of persons who cannot, because of family or work responsibilities, leave the area to become students at universities in other communities. It is the intent of the General Assembly, in creating this center, to avoid the establishment of an additional institution of higher education or branch of such institution and to avoid the duplication of administrative personnel and services.

(b) The university center at the Arkansas Northeastern College shall be managed and administered by the Board of Trustees of the Arkansas Northeastern College utilizing the administrative staff and support services of the college.

(c) The Arkansas Northeastern College shall determine, in cooperation with the public universities and with the approval of the Arkansas Higher Education Coordinating Board, the need for various upper-level and graduate programs and courses and shall encourage such institutions to offer the needed programs and courses.

(d) It is the responsibility of the Arkansas Northeastern College District to provide facilities for approved courses and programs at the university center at the Arkansas Northeastern College.

(e) This section does not authorize the Arkansas Northeastern College to assume the status of a four-year institution.

(f) For the purposes of this section: (1) "Graduate course" means a university course intended for students who have completed a baccalaureate degree; (2) "Graduate program" means a prescribed series of graduate courses which lead to a post-baccalaureate degree; (3) "Upper-level course" means a university course which is considered junior or senior level at the institution offering the course and is not offered at the freshman or sophomore level at the Arkansas Northeastern College; and (4) "Upper-level program" means a prescribed series of university courses offered at the junior and senior level which, when combined with a prescribed series of freshman and sophomore courses, qualify successful students for the baccalaureate degree.

(1) "Graduate course" means a university course intended for students who have completed a baccalaureate degree;

(2) "Graduate program" means a prescribed series of graduate courses which lead to a post-baccalaureate degree;

(3) "Upper-level course" means a university course which is considered junior or senior level at the institution offering the course and is not offered at the freshman or sophomore level at the Arkansas Northeastern College; and

(4) "Upper-level program" means a prescribed series of university courses offered at the junior and senior level which, when combined with a prescribed series of freshman and sophomore courses, qualify successful students for the baccalaureate degree.

Acts 1992 (1st Ex. Sess.), No. 64, §§ 1, 2; 1992 (1st Ex. Sess.), No. 65, §§ 1, 2.
Ark. Code Ann. § 6-18-2607 — AR Code / Title 6 / Chapter 18 / Subchapter 26 / Section 6-18-2607
School service contract provider - Data security and destruction
Status: in_force

(a) (1) A school service contract provider shall maintain a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of student personally identifiable information. (2) The comprehensive information security program required under subdivision (a)(1) of this section shall make use of appropriate administrative, technological, and physical safeguards. (b) During the term of a contract between a school service contract provider and a public education entity, if the contracting public education entity requests destruction of a student's student personally identifiable information collected, generated, or inferred as a result of the contract, the contracting school service contract provider shall destroy the student personally identifiable information as soon as practicable after the date of the request unless: (1) The school service contract provider obtains the consent of the student or the student's parent to retain the student's student personally identifiable information; or (2) The student has transferred to another public education entity and the receiving public education entity has requested that the school service contract provider retain the student's student personally identifiable information. (c) (1) Following the termination or conclusion of a contract between a school service contract provider and a public education entity, the school service contract provider shall, within the time period specified in the contract, destroy all student personally identifiable information collected, generated, or inferred as a result of the contract. (2) If the contract does not specify a period for destruction of student personally identifiable information, the school service contract provider shall destroy the student personally identifiable information as soon as practicable after the student personally identifiable information is no longer needed for the purpose of the contract between the school service contract provider and the public education entity. (3) Upon request of the public education entity, the school service contract provider shall notify the public education entity of the date upon which all of the student personally identifiable information is destroyed. Added by Act 2023, No. 754,§ 1, eff. 6/1/2024.

(a) (1) A school service contract provider shall maintain a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of student personally identifiable information. (2) The comprehensive information security program required under subdivision (a)(1) of this section shall make use of appropriate administrative, technological, and physical safeguards.

(1) A school service contract provider shall maintain a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of student personally identifiable information.

(2) The comprehensive information security program required under subdivision (a)(1) of this section shall make use of appropriate administrative, technological, and physical safeguards.

(b) During the term of a contract between a school service contract provider and a public education entity, if the contracting public education entity requests destruction of a student's student personally identifiable information collected, generated, or inferred as a result of the contract, the contracting school service contract provider shall destroy the student personally identifiable information as soon as practicable after the date of the request unless: (1) The school service contract provider obtains the consent of the student or the student's parent to retain the student's student personally identifiable information; or (2) The student has transferred to another public education entity and the receiving public education entity has requested that the school service contract provider retain the student's student personally identifiable information.

(1) The school service contract provider obtains the consent of the student or the student's parent to retain the student's student personally identifiable information; or

(2) The student has transferred to another public education entity and the receiving public education entity has requested that the school service contract provider retain the student's student personally identifiable information.

(c) (1) Following the termination or conclusion of a contract between a school service contract provider and a public education entity, the school service contract provider shall, within the time period specified in the contract, destroy all student personally identifiable information collected, generated, or inferred as a result of the contract. (2) If the contract does not specify a period for destruction of student personally identifiable information, the school service contract provider shall destroy the student personally identifiable information as soon as practicable after the student personally identifiable information is no longer needed for the purpose of the contract between the school service contract provider and the public education entity. (3) Upon request of the public education entity, the school service contract provider shall notify the public education entity of the date upon which all of the student personally identifiable information is destroyed.

(1) Following the termination or conclusion of a contract between a school service contract provider and a public education entity, the school service contract provider shall, within the time period specified in the contract, destroy all student personally identifiable information collected, generated, or inferred as a result of the contract.

(2) If the contract does not specify a period for destruction of student personally identifiable information, the school service contract provider shall destroy the student personally identifiable information as soon as practicable after the student personally identifiable information is no longer needed for the purpose of the contract between the school service contract provider and the public education entity.

(3) Upon request of the public education entity, the school service contract provider shall notify the public education entity of the date upon which all of the student personally identifiable information is destroyed.

Added by Act 2023, No. 754,§ 1, eff. 6/1/2024.
Ark. Code Ann. § 6-61-602 — AR Code / Title 6 / Chapter 61 / Subchapter 6 / Section 6-61-602
General operations - Millage taxes
Status: in_force

(a) The local board of a community college may: (1) Spend larger sums of money than the state funds provided for the community college consistent with the state law; and (2) Levy a millage: (A) To provide additional funds to acquire and construct the community college; (B) To retire bonded indebtedness issued to finance facilities for the community college; or (C) For general operating purposes of the community college. (b) The election to approve the millage shall be held at: (1) The election to create the community college district; (2) A special election; or (3) A general election. (c) (1) The local board of a community college shall certify in a timely manner the aggregate millage to be levied for the district for the purposes stated in subsection (a) of this section to the appropriate tax levying authority of each county or city of the district. (2) The millage shall be levied and collected in the manner provided by law. (3) If the local board of the community college determines that the amount produced from taxes levied for the district minus the tax proceeds pledged for bonded indebtedness is less than the amount required by the local board of the community college for the purposes stated in subsection (a) of this section, the local board of the community college shall state in the resolution required under subsection (d) of this section the additional millage requested by the local board of the community college. (4) The sum of the rate levied and the additional millage requested shall not exceed ten (10) mills. (5) The local board of the community college shall request that the question of the levy be placed on the ballot at the next general election or a special election called for that purpose pursuant to § 7-11-201 et seq. (d) (1) If the local board of a community college requests an election to vote on the millage, the local board shall: (A) Adopt an appropriate resolution; (B) File a certified copy of the resolution with the county board of election commissioners of each county in the district in which the election will be held; and (C) Set the date of the election. (2) The county board of election commissioners in each county in the community college district shall: (A) Prepare the ballots; (B) Furnish the election supplies; (C) Select the election judges and clerks; and (D) Make all necessary arrangements for conducting the election. (3) Special elections under this section shall follow the laws applicable to the conduct of general elections. (4) The community college district requesting the special election shall pay the expenses of conducting a special election held under this section. (e) If the proposed additional millage is approved by the majority of the qualified electors of the district voting on such issue at an election, the additional millage shall be a continuing levy until reduced under subsection (f) of this section. (f) (1) If the local board of a community college determines that the rate of tax levied by the district minus the amount pledged for bonded indebtedness exceeds the amount required by the local board of the community college for the purposes stated in subsection (a) of this section, the local board shall certify the reduced rate of millage to the appropriate tax levying authority of each county or city of the district. (2) Upon certification by the local board of the community college under subdivision (f)(1) of this section, the appropriate tax levying authority of each county or city of the district shall: (A) Reduce the rate of the millage levied; and (B) Extend the reduced rate of the millage on the tax books as the rate of tax due to the community college district. (3) The reduction of the tax rate under this subsection shall remain until a greater amount of tax is certified by the local board of the community college as authorized in this section. (g) (1) Community college districts that are already in existence on March 21, 1977, and have existing millages that have been approved by the voters of the district may continue to levy the existing millages at the discretion of the local board of the community college. (2) However, an election may be called to repeal operating millage, reduce operating millage, or authorize the transfer of operating millage to capital uses upon: (A) The petition of voters under § 6-61-510 ; or (B) A request by the local board of the community college. Amended by Act 2013, No. 7,§ 1, eff. 2/1/2013. Acts 1977, No. 560, § 12; A.S.A. 1947, § 80-4912; Acts 2005, No. 2145, § 9; 2007, No. 1049, § 11; 2009, No. 1480, § 12; 2011, No. 981, § 17.

(a) The local board of a community college may: (1) Spend larger sums of money than the state funds provided for the community college consistent with the state law; and (2) Levy a millage: (A) To provide additional funds to acquire and construct the community college; (B) To retire bonded indebtedness issued to finance facilities for the community college; or (C) For general operating purposes of the community college.

(1) Spend larger sums of money than the state funds provided for the community college consistent with the state law; and

(2) Levy a millage: (A) To provide additional funds to acquire and construct the community college; (B) To retire bonded indebtedness issued to finance facilities for the community college; or (C) For general operating purposes of the community college.

(A) To provide additional funds to acquire and construct the community college;

(B) To retire bonded indebtedness issued to finance facilities for the community college; or

(C) For general operating purposes of the community college.

(b) The election to approve the millage shall be held at: (1) The election to create the community college district; (2) A special election; or (3) A general election.

(1) The election to create the community college district;

(2) A special election; or

(3) A general election.

(c) (1) The local board of a community college shall certify in a timely manner the aggregate millage to be levied for the district for the purposes stated in subsection (a) of this section to the appropriate tax levying authority of each county or city of the district. (2) The millage shall be levied and collected in the manner provided by law. (3) If the local board of the community college determines that the amount produced from taxes levied for the district minus the tax proceeds pledged for bonded indebtedness is less than the amount required by the local board of the community college for the purposes stated in subsection (a) of this section, the local board of the community college shall state in the resolution required under subsection (d) of this section the additional millage requested by the local board of the community college. (4) The sum of the rate levied and the additional millage requested shall not exceed ten (10) mills. (5) The local board of the community college shall request that the question of the levy be placed on the ballot at the next general election or a special election called for that purpose pursuant to § 7-11-201 et seq.

(1) The local board of a community college shall certify in a timely manner the aggregate millage to be levied for the district for the purposes stated in subsection (a) of this section to the appropriate tax levying authority of each county or city of the district.

(2) The millage shall be levied and collected in the manner provided by law.

(3) If the local board of the community college determines that the amount produced from taxes levied for the district minus the tax proceeds pledged for bonded indebtedness is less than the amount required by the local board of the community college for the purposes stated in subsection (a) of this section, the local board of the community college shall state in the resolution required under subsection (d) of this section the additional millage requested by the local board of the community college.

(4) The sum of the rate levied and the additional millage requested shall not exceed ten (10) mills.

(5) The local board of the community college shall request that the question of the levy be placed on the ballot at the next general election or a special election called for that purpose pursuant to § 7-11-201 et seq.

(d) (1) If the local board of a community college requests an election to vote on the millage, the local board shall: (A) Adopt an appropriate resolution; (B) File a certified copy of the resolution with the county board of election commissioners of each county in the district in which the election will be held; and (C) Set the date of the election. (2) The county board of election commissioners in each county in the community college district shall: (A) Prepare the ballots; (B) Furnish the election supplies; (C) Select the election judges and clerks; and (D) Make all necessary arrangements for conducting the election. (3) Special elections under this section shall follow the laws applicable to the conduct of general elections. (4) The community college district requesting the special election shall pay the expenses of conducting a special election held under this section.

(1) If the local board of a community college requests an election to vote on the millage, the local board shall: (A) Adopt an appropriate resolution; (B) File a certified copy of the resolution with the county board of election commissioners of each county in the district in which the election will be held; and (C) Set the date of the election.

(A) Adopt an appropriate resolution;

(B) File a certified copy of the resolution with the county board of election commissioners of each county in the district in which the election will be held; and

(C) Set the date of the election.

(2) The county board of election commissioners in each county in the community college district shall: (A) Prepare the ballots; (B) Furnish the election supplies; (C) Select the election judges and clerks; and (D) Make all necessary arrangements for conducting the election.

(A) Prepare the ballots;

(B) Furnish the election supplies;

(C) Select the election judges and clerks; and

(D) Make all necessary arrangements for conducting the election.

(3) Special elections under this section shall follow the laws applicable to the conduct of general elections.

(4) The community college district requesting the special election shall pay the expenses of conducting a special election held under this section.

(e) If the proposed additional millage is approved by the majority of the qualified electors of the district voting on such issue at an election, the additional millage shall be a continuing levy until reduced under subsection (f) of this section.

(f) (1) If the local board of a community college determines that the rate of tax levied by the district minus the amount pledged for bonded indebtedness exceeds the amount required by the local board of the community college for the purposes stated in subsection (a) of this section, the local board shall certify the reduced rate of millage to the appropriate tax levying authority of each county or city of the district. (2) Upon certification by the local board of the community college under subdivision (f)(1) of this section, the appropriate tax levying authority of each county or city of the district shall: (A) Reduce the rate of the millage levied; and (B) Extend the reduced rate of the millage on the tax books as the rate of tax due to the community college district. (3) The reduction of the tax rate under this subsection shall remain until a greater amount of tax is certified by the local board of the community college as authorized in this section.

(1) If the local board of a community college determines that the rate of tax levied by the district minus the amount pledged for bonded indebtedness exceeds the amount required by the local board of the community college for the purposes stated in subsection (a) of this section, the local board shall certify the reduced rate of millage to the appropriate tax levying authority of each county or city of the district.

(2) Upon certification by the local board of the community college under subdivision (f)(1) of this section, the appropriate tax levying authority of each county or city of the district shall: (A) Reduce the rate of the millage levied; and (B) Extend the reduced rate of the millage on the tax books as the rate of tax due to the community college district.

(A) Reduce the rate of the millage levied; and

(B) Extend the reduced rate of the millage on the tax books as the rate of tax due to the community college district.

(3) The reduction of the tax rate under this subsection shall remain until a greater amount of tax is certified by the local board of the community college as authorized in this section.

(g) (1) Community college districts that are already in existence on March 21, 1977, and have existing millages that have been approved by the voters of the district may continue to levy the existing millages at the discretion of the local board of the community college. (2) However, an election may be called to repeal operating millage, reduce operating millage, or authorize the transfer of operating millage to capital uses upon: (A) The petition of voters under § 6-61-510 ; or (B) A request by the local board of the community college.

(1) Community college districts that are already in existence on March 21, 1977, and have existing millages that have been approved by the voters of the district may continue to levy the existing millages at the discretion of the local board of the community college.

(2) However, an election may be called to repeal operating millage, reduce operating millage, or authorize the transfer of operating millage to capital uses upon: (A) The petition of voters under § 6-61-510 ; or (B) A request by the local board of the community college.

(A) The petition of voters under § 6-61-510 ; or

(B) A request by the local board of the community college.

Amended by Act 2013, No. 7,§ 1, eff. 2/1/2013.

Acts 1977, No. 560, § 12; A.S.A. 1947, § 80-4912; Acts 2005, No. 2145, § 9; 2007, No. 1049, § 11; 2009, No. 1480, § 12; 2011, No. 981, § 17.
Ark. Code Ann. § 6-68-103 — AR Code / Title 6 / Chapter 68 / Section 6-68-103
Student use requirement
Status: in_force

(a) An individual, firm, partnership, or corporation specified in § 6-68-102 may also require that, in addition to the conditions enumerated in § 6-68-102 , the request shall include a statement signed by the student, or if the student is a minor, the student's parent or legal guardian, agreeing to both of the following: (1) The student will use the electronic copy of the printed instructional material in specialized format solely for his or her own educational purposes; and (2) The student will not copy or duplicate the printed instructional material for use by others. (b) If an institution of higher education permits a student to directly use the electronic version of an instructional material, the disk or file shall be copy-protected or reasonable precautions shall be taken to ensure that students do not copy or distribute electronic versions of instructional materials in violation of the Copyright Revisions Act of 1976, 17 U.S.C. § 101 et seq. Acts 2001, No. 758, § 1.

(a) An individual, firm, partnership, or corporation specified in § 6-68-102 may also require that, in addition to the conditions enumerated in § 6-68-102 , the request shall include a statement signed by the student, or if the student is a minor, the student's parent or legal guardian, agreeing to both of the following: (1) The student will use the electronic copy of the printed instructional material in specialized format solely for his or her own educational purposes; and (2) The student will not copy or duplicate the printed instructional material for use by others.

(1) The student will use the electronic copy of the printed instructional material in specialized format solely for his or her own educational purposes; and

(2) The student will not copy or duplicate the printed instructional material for use by others.

(b) If an institution of higher education permits a student to directly use the electronic version of an instructional material, the disk or file shall be copy-protected or reasonable precautions shall be taken to ensure that students do not copy or distribute electronic versions of instructional materials in violation of the Copyright Revisions Act of 1976, 17 U.S.C. § 101 et seq.

Acts 2001, No. 758, § 1.
Ark. Code Ann. § 6-15-2903 — AR Code / Title 6 / Chapter 15 / Subchapter 29 / Section 6-15-2903
Definitions
Status: in_force

As used in this subchapter: (1) "Academic growth" means the calculation of a student's academic progress from one school year to the next, as measured by assessments and other criteria required by rule of the State Board of Education; (2) "College and career readiness assessment" means a set of criterion-referenced measurements of a student's acquisition of the knowledge and skills that the student needs to: (A) Be successful in future endeavors, including credit-bearing, first-year courses at an institution of higher education such as a two-year or four-year college, trade school, or technical school; or (B) Embark on a career; (3) "Consolidated state plan" means the Arkansas consolidated state application accountability plan required under the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act of 2015, Pub. L. No. 114-95; (4) (A) "Educator" means a person holding a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the state board. (B) "Educator" includes a licensed or nonlicensed classroom teacher or administrator employed in a position under a waiver from licensure; (5) "English language arts" means the academic standards for English, reading, and writing; (6) "English learner" means an individual whose native language is a language other than English or who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency, and is not considered proficient in English as measured by an approved English language proficiency assessment; (7) "Personally identifiable information" means the same as in 34 C.F.R. § 99.3 , as it existed on January 1, 2017; (8) "Public school" means: (A) A school operated by a public school district; or (B) An open-enrollment public charter school, as defined in § 6-23-103 ; (9) "Public school district" means: (A) A geographic area that: (i) Is governed by an elected board of directors that conducts the daily affairs of public schools pursuant to the supervisory authority vested by this title; and (ii) Qualifies as a taxing unit for purposes of ad valorem property taxes under § 26-1-101 et seq. and Arkansas Constitution, Article 14, § 3; or (B) An open-enrollment public charter school, as defined in § 6-23-103 ; (10) "School-level improvement plan" means a plan that at a minimum: (A) Establishes goals or anticipated outcomes; (B) Identifies student supports or interventions to be implemented; and (C) Describes the professional learning necessary for adults to deliver the supports or interventions; (11) "School district systems" means the operations and procedures that occur within a public school district, including without limitation: (A) Academics; (B) Facilities; (C) Fiscal operations; (D) Human capital management; and (E) Student support services; and (12) "Student success plan" means a personalized education plan intended to assist students with achieving readiness for college, career, and community engagement. Amended by Act 2023, No. 793,§ 4, eff. 8/1/2023. Added by Act 2017, No. 930,§ 2, eff. 8/1/2017.

As used in this subchapter:

(1) "Academic growth" means the calculation of a student's academic progress from one school year to the next, as measured by assessments and other criteria required by rule of the State Board of Education;

(2) "College and career readiness assessment" means a set of criterion-referenced measurements of a student's acquisition of the knowledge and skills that the student needs to: (A) Be successful in future endeavors, including credit-bearing, first-year courses at an institution of higher education such as a two-year or four-year college, trade school, or technical school; or (B) Embark on a career;

(A) Be successful in future endeavors, including credit-bearing, first-year courses at an institution of higher education such as a two-year or four-year college, trade school, or technical school; or

(B) Embark on a career;

(3) "Consolidated state plan" means the Arkansas consolidated state application accountability plan required under the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act of 2015, Pub. L. No. 114-95;

(4) (A) "Educator" means a person holding a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the state board. (B) "Educator" includes a licensed or nonlicensed classroom teacher or administrator employed in a position under a waiver from licensure;

(A) "Educator" means a person holding a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the state board.

(B) "Educator" includes a licensed or nonlicensed classroom teacher or administrator employed in a position under a waiver from licensure;

(5) "English language arts" means the academic standards for English, reading, and writing;

(6) "English learner" means an individual whose native language is a language other than English or who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency, and is not considered proficient in English as measured by an approved English language proficiency assessment;

(7) "Personally identifiable information" means the same as in 34 C.F.R. § 99.3 , as it existed on January 1, 2017;

(8) "Public school" means: (A) A school operated by a public school district; or (B) An open-enrollment public charter school, as defined in § 6-23-103 ;

(A) A school operated by a public school district; or

(B) An open-enrollment public charter school, as defined in § 6-23-103 ;

(9) "Public school district" means: (A) A geographic area that: (i) Is governed by an elected board of directors that conducts the daily affairs of public schools pursuant to the supervisory authority vested by this title; and (ii) Qualifies as a taxing unit for purposes of ad valorem property taxes under § 26-1-101 et seq. and Arkansas Constitution, Article 14, § 3; or (B) An open-enrollment public charter school, as defined in § 6-23-103 ;

(A) A geographic area that: (i) Is governed by an elected board of directors that conducts the daily affairs of public schools pursuant to the supervisory authority vested by this title; and (ii) Qualifies as a taxing unit for purposes of ad valorem property taxes under § 26-1-101 et seq. and Arkansas Constitution, Article 14, § 3; or

(i) Is governed by an elected board of directors that conducts the daily affairs of public schools pursuant to the supervisory authority vested by this title; and

(ii) Qualifies as a taxing unit for purposes of ad valorem property taxes under § 26-1-101 et seq. and Arkansas Constitution, Article 14, § 3; or

(B) An open-enrollment public charter school, as defined in § 6-23-103 ;

(10) "School-level improvement plan" means a plan that at a minimum: (A) Establishes goals or anticipated outcomes; (B) Identifies student supports or interventions to be implemented; and (C) Describes the professional learning necessary for adults to deliver the supports or interventions;

(A) Establishes goals or anticipated outcomes;

(B) Identifies student supports or interventions to be implemented; and

(C) Describes the professional learning necessary for adults to deliver the supports or interventions;

(11) "School district systems" means the operations and procedures that occur within a public school district, including without limitation: (A) Academics; (B) Facilities; (C) Fiscal operations; (D) Human capital management; and (E) Student support services; and

(A) Academics;

(B) Facilities;

(C) Fiscal operations;

(D) Human capital management; and

(E) Student support services; and

(12) "Student success plan" means a personalized education plan intended to assist students with achieving readiness for college, career, and community engagement.

Amended by Act 2023, No. 793,§ 4, eff. 8/1/2023.

Added by Act 2017, No. 930,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 6-21-121 — AR Code / Title 6 / Chapter 21 / Subchapter 1 / Section 6-21-121
Exterior school doors to be closed and locked
Status: in_force

All public and private schools and all educational institutions shall keep all exterior doors closed and locked during school hours with the exception of transition times. Added by Act 2023, No. 787,§ 1, eff. 8/1/2023.

All public and private schools and all educational institutions shall keep all exterior doors closed and locked during school hours with the exception of transition times.

Added by Act 2023, No. 787,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 6-20-2509 — AR Code / Title 6 / Chapter 20 / Subchapter 25 / Section 6-20-2509
Project cost guidelines
Status: in_force

(a) (1) The Division of Public School Academic Facilities and Transportation shall establish formulas that shall be updated annually by the fourth quarter of the calendar year for determining the basic project cost per square foot for various types of new construction projects, including without limitation: (A) New academic facilities; (B) Additions to existing academic facilities; and (C) Major improvements to academic facilities that bring the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the facility's original condition of completeness or efficiency. (2) In establishing the formulas, the division shall take into consideration: (A) The academic programs offered; (B) Current enrollment levels; (C) Enrollment projections; (D) Grade configuration; (E) The type of public school; and (F) Nationally recognized design and construction standards for cost per square foot. (3) The division shall establish a process for determining the cost of local enhancements and shall include a mechanism in the formulas for determining basic project cost that excludes the cost of local enhancements from the qualified project cost. (b) (1) When a school district applies for state financial participation, the division shall use the appropriate formula to compute a qualified project cost. (2) The division shall determine the estimated amount of the state's share of financial participation based on the qualified project cost and the school district's wealth index as determined under § 6-20-2502 . Amended by Act 2017, No. 935,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 935,§ 5, eff. 8/1/2017. Acts 2005, No. 2206, § 1; 2007, No. 989, § 14.

(a) (1) The Division of Public School Academic Facilities and Transportation shall establish formulas that shall be updated annually by the fourth quarter of the calendar year for determining the basic project cost per square foot for various types of new construction projects, including without limitation: (A) New academic facilities; (B) Additions to existing academic facilities; and (C) Major improvements to academic facilities that bring the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the facility's original condition of completeness or efficiency. (2) In establishing the formulas, the division shall take into consideration: (A) The academic programs offered; (B) Current enrollment levels; (C) Enrollment projections; (D) Grade configuration; (E) The type of public school; and (F) Nationally recognized design and construction standards for cost per square foot. (3) The division shall establish a process for determining the cost of local enhancements and shall include a mechanism in the formulas for determining basic project cost that excludes the cost of local enhancements from the qualified project cost.

(1) The Division of Public School Academic Facilities and Transportation shall establish formulas that shall be updated annually by the fourth quarter of the calendar year for determining the basic project cost per square foot for various types of new construction projects, including without limitation: (A) New academic facilities; (B) Additions to existing academic facilities; and (C) Major improvements to academic facilities that bring the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the facility's original condition of completeness or efficiency.

(A) New academic facilities;

(B) Additions to existing academic facilities; and

(C) Major improvements to academic facilities that bring the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the facility's original condition of completeness or efficiency.

(2) In establishing the formulas, the division shall take into consideration: (A) The academic programs offered; (B) Current enrollment levels; (C) Enrollment projections; (D) Grade configuration; (E) The type of public school; and (F) Nationally recognized design and construction standards for cost per square foot.

(A) The academic programs offered;

(B) Current enrollment levels;

(C) Enrollment projections;

(D) Grade configuration;

(E) The type of public school; and

(F) Nationally recognized design and construction standards for cost per square foot.

(3) The division shall establish a process for determining the cost of local enhancements and shall include a mechanism in the formulas for determining basic project cost that excludes the cost of local enhancements from the qualified project cost.

(b) (1) When a school district applies for state financial participation, the division shall use the appropriate formula to compute a qualified project cost. (2) The division shall determine the estimated amount of the state's share of financial participation based on the qualified project cost and the school district's wealth index as determined under § 6-20-2502 .

(1) When a school district applies for state financial participation, the division shall use the appropriate formula to compute a qualified project cost.

(2) The division shall determine the estimated amount of the state's share of financial participation based on the qualified project cost and the school district's wealth index as determined under § 6-20-2502 .

Amended by Act 2017, No. 935,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 935,§ 5, eff. 8/1/2017.

Acts 2005, No. 2206, § 1; 2007, No. 989, § 14.
Ark. Code Ann. § 6-41-221 — AR Code / Title 6 / Chapter 41 / Subchapter 2 / Section 6-41-221
Receipt and disbursement of federal funds
Status: in_force

(a) (1) The State Board of Education is designated as the state agency to receive and disburse federal funds designed to improve educational opportunities provided for children with disabilities as defined in this subchapter. (2) The funds shall not include moneys appropriated by the United States Congress that are designated specifically for use by other agencies, institutions, or treatment facilities for children with disabilities. (b) The specific intention of this section is to provide that the state board is designated as the state agency to receive and disburse federal and state funds made available to this state for education of children with disabilities, except as specifically provided for otherwise by the United States Congress or the General Assembly, and no other interpretation shall be given to it. (c) (1) It is declared to be the intent of the General Assembly that, of the state funds allocated and appropriated to the state board for children with disabilities, the state board is authorized to spend no more than two percent (2%) of the funds or appropriations, or both, for program costs necessary at the state level to implement the intent of this subchapter. (2) The costs may include, but are not necessarily limited to, the programs or services benefitting children with disabilities such as consultative services, workshop expenses, institutional materials, council expenses, in-service programs, scholarships for teachers of children with disabilities, and testing programs. (d) The state board shall develop such plans and procedures as may be required in order to receive and disburse federal funds for children with disabilities. Acts 1973, No. 102, §§ 16, 22; 1975, No. 641, § 9; A.S.A. 1947, §§ 80-2130, 80-2136; Acts 1993, No. 294, § 14.

(a) (1) The State Board of Education is designated as the state agency to receive and disburse federal funds designed to improve educational opportunities provided for children with disabilities as defined in this subchapter. (2) The funds shall not include moneys appropriated by the United States Congress that are designated specifically for use by other agencies, institutions, or treatment facilities for children with disabilities.

(1) The State Board of Education is designated as the state agency to receive and disburse federal funds designed to improve educational opportunities provided for children with disabilities as defined in this subchapter.

(2) The funds shall not include moneys appropriated by the United States Congress that are designated specifically for use by other agencies, institutions, or treatment facilities for children with disabilities.

(b) The specific intention of this section is to provide that the state board is designated as the state agency to receive and disburse federal and state funds made available to this state for education of children with disabilities, except as specifically provided for otherwise by the United States Congress or the General Assembly, and no other interpretation shall be given to it.

(c) (1) It is declared to be the intent of the General Assembly that, of the state funds allocated and appropriated to the state board for children with disabilities, the state board is authorized to spend no more than two percent (2%) of the funds or appropriations, or both, for program costs necessary at the state level to implement the intent of this subchapter. (2) The costs may include, but are not necessarily limited to, the programs or services benefitting children with disabilities such as consultative services, workshop expenses, institutional materials, council expenses, in-service programs, scholarships for teachers of children with disabilities, and testing programs.

(1) It is declared to be the intent of the General Assembly that, of the state funds allocated and appropriated to the state board for children with disabilities, the state board is authorized to spend no more than two percent (2%) of the funds or appropriations, or both, for program costs necessary at the state level to implement the intent of this subchapter.

(2) The costs may include, but are not necessarily limited to, the programs or services benefitting children with disabilities such as consultative services, workshop expenses, institutional materials, council expenses, in-service programs, scholarships for teachers of children with disabilities, and testing programs.

(d) The state board shall develop such plans and procedures as may be required in order to receive and disburse federal funds for children with disabilities.

Acts 1973, No. 102, §§ 16, 22; 1975, No. 641, § 9; A.S.A. 1947, §§ 80-2130, 80-2136; Acts 1993, No. 294, § 14.
Ark. Code Ann. § 6-21-806 — AR Code / Title 6 / Chapter 21 / Subchapter 8 / Section 6-21-806
Academic Facilities Master Plan Program - School districts
Status: in_force

(a) The Academic Facilities Master Plan Program shall require each school district to: (1) Develop a six-year districtwide facilities master plan that shall be approved by the school district's board of directors for submission to and approval by the Division of Public School Academic Facilities and Transportation; (2) Base its facilities master plan on the provisions of the Arkansas Public School Academic Facility Manual as adopted by the Commission for Arkansas Public School Academic Facilities and Transportation, on priorities indicated by statewide assessment, on priorities established by the division statewide facility needs priority list, and on other pertinent data specific to the needs of the school district with regard to academic facilities and equipment; (3) Present a draft of the school district's facilities master plan in a public hearing in the same locality as the school district and take public comments; (4) Submit evidence of the school district's insurance coverage to the division, including coverage amounts, types of coverage, identification of buildings covered, policy renewal dates, and all riders; (5) Submit the school district's facilities master plan with a summary of comments made at public hearing to the division by February 1 of each even-numbered year; (6) Submit a report to the division by February 1 of each odd-numbered year that includes a description of all projects completed in the school district since the submission of the school district's most recent facilities master plan, the school district's current enrollment projections, new or continuing needs of the school district with regard to academic facilities and equipment, and an accounting of any changes in the school district's insurance coverage from the most recent submission; and (7) (A) Submit a report to the division by February 1 of each year that identifies: (i) All unused or underutilized public school facilities in the school district; and (ii) The unused or underutilized public school facilities, if any, that are designated in the district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project. (B) (i) The division shall identify a public school facility or other real property as an unused or underutilized public school facility if the school district fails to identify in the report the public school facility or other real property. (ii) A school district may appeal an identification made by the division under subdivision (a)(7)(B)(i) of this section to the commission. (b) A facilities master plan shall include, at a minimum, the following: (1) A schedule of custodial activities for each public school facility used by a school district; (2) (A) A schedule of maintenance, repair, and renovation activities for each public school facility used by a school district. (B) The schedule shall distinguish between work associated with academic facilities and work associated with nonacademic public school facilities; (3) (A) Documentation that describes preventive maintenance work for each public school facility and identifies the completion date of the work. (B) The documentation shall distinguish between preventive maintenance work associated with academic facilities and preventive maintenance work associated with nonacademic public school facilities; (4) (A) Annual expenditures of the school district for all custodial, maintenance, repair, and renovation activities in the school district. (B) The section of the facilities master plan pertaining to the annual expenditures under subdivision (b)(4)(A) of this section shall distinguish between expenditures associated with academic facilities and expenditures associated with nonacademic public school facilities; (5) A projected replacement schedule for major building systems in each public school facility; (6) Identification of issues with regard to public school facility and program access to individuals with disabilities and, if necessary, proposed methods for improving access; (7) (A) Identification of committed projects within the school district that includes, as applicable, a breakdown of the portion of each project into maintenance, repair, and renovation activities and new construction activities. (B) The portion of a committed project pertaining to maintenance, repair, and renovation activities shall identify, as applicable, maintenance, repair, and renovation activities associated with academic facilities and maintenance, repair, and renovation activities associated with nonacademic public school facilities; (8) Annual expenditures of the school district for capital outlay; (9) A description of planned new construction projects with cost estimates for each public school facility within the school district and needs prioritized as follows: (A) Immediate needs that the school district intends to address within three (3) years following the submission of the facilities master plan; and (B) Long-term needs that the school district intends to address within the four (4) to six (6) years following the submission of the facilities master plan; (10) Evidence of the school district's insurance coverage, including coverage amounts, types of coverage, identification of public school facilities covered, policy renewal dates, and all riders; and (11) An update in a format prescribed by the division of any new public school facilities, as defined in § 6-21-803 , constructed since the last master plan submission, including individual room types and sizes. (c) A consultation meeting between representatives of the school district and members of the division to discuss the development of the school district's facilities master plan shall be held upon request of the school district. (d) The division shall review and upon all requirements' being met approve a school district's facilities master plan no later than September 1 of each even-numbered year and shall notify a school district no later than May 1 of each odd-numbered year whether the school district's application for state financial participation during the upcoming biennium in an eligible new construction project has been approved. (e) (1) A school district may amend its facilities master plans at any time during the six-year cycle specified in § 6-21-803 . (2) An amendment may be submitted out of the regular even-numbered year cycle if the school district: (A) Has encountered: (i) A major enrollment change; (ii) A major curriculum change; (iii) A major disaster; or (iv) An unforeseen occurrence; or (B) (i) Has begun or completed a self-funded construction project over which the division has only review authority. (ii) An amendment submitted under subdivision (e)(2)(B)(i) of this section may be submitted in the form of an appendix to the existing school district facilities master plan. Amended by Act 2021, No. 126,§ 6, eff. 7/28/2021. Amended by Act 2017, No. 935,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 542,§ 2, eff. 8/1/2017. Acts 2005, No. 1426, § 1; 2006 (1st Ex. Sess.), No. 19, § 6; 2007, No. 989, §§ 16, 17; 2009, No. 1473, § 20; 2011, No. 1006, §§ 11, 12, 12 [13].

(a) The Academic Facilities Master Plan Program shall require each school district to: (1) Develop a six-year districtwide facilities master plan that shall be approved by the school district's board of directors for submission to and approval by the Division of Public School Academic Facilities and Transportation; (2) Base its facilities master plan on the provisions of the Arkansas Public School Academic Facility Manual as adopted by the Commission for Arkansas Public School Academic Facilities and Transportation, on priorities indicated by statewide assessment, on priorities established by the division statewide facility needs priority list, and on other pertinent data specific to the needs of the school district with regard to academic facilities and equipment; (3) Present a draft of the school district's facilities master plan in a public hearing in the same locality as the school district and take public comments; (4) Submit evidence of the school district's insurance coverage to the division, including coverage amounts, types of coverage, identification of buildings covered, policy renewal dates, and all riders; (5) Submit the school district's facilities master plan with a summary of comments made at public hearing to the division by February 1 of each even-numbered year; (6) Submit a report to the division by February 1 of each odd-numbered year that includes a description of all projects completed in the school district since the submission of the school district's most recent facilities master plan, the school district's current enrollment projections, new or continuing needs of the school district with regard to academic facilities and equipment, and an accounting of any changes in the school district's insurance coverage from the most recent submission; and (7) (A) Submit a report to the division by February 1 of each year that identifies: (i) All unused or underutilized public school facilities in the school district; and (ii) The unused or underutilized public school facilities, if any, that are designated in the district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project. (B) (i) The division shall identify a public school facility or other real property as an unused or underutilized public school facility if the school district fails to identify in the report the public school facility or other real property. (ii) A school district may appeal an identification made by the division under subdivision (a)(7)(B)(i) of this section to the commission.

(1) Develop a six-year districtwide facilities master plan that shall be approved by the school district's board of directors for submission to and approval by the Division of Public School Academic Facilities and Transportation;

(2) Base its facilities master plan on the provisions of the Arkansas Public School Academic Facility Manual as adopted by the Commission for Arkansas Public School Academic Facilities and Transportation, on priorities indicated by statewide assessment, on priorities established by the division statewide facility needs priority list, and on other pertinent data specific to the needs of the school district with regard to academic facilities and equipment;

(3) Present a draft of the school district's facilities master plan in a public hearing in the same locality as the school district and take public comments;

(4) Submit evidence of the school district's insurance coverage to the division, including coverage amounts, types of coverage, identification of buildings covered, policy renewal dates, and all riders;

(5) Submit the school district's facilities master plan with a summary of comments made at public hearing to the division by February 1 of each even-numbered year;

(6) Submit a report to the division by February 1 of each odd-numbered year that includes a description of all projects completed in the school district since the submission of the school district's most recent facilities master plan, the school district's current enrollment projections, new or continuing needs of the school district with regard to academic facilities and equipment, and an accounting of any changes in the school district's insurance coverage from the most recent submission; and

(7) (A) Submit a report to the division by February 1 of each year that identifies: (i) All unused or underutilized public school facilities in the school district; and (ii) The unused or underutilized public school facilities, if any, that are designated in the district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project. (B) (i) The division shall identify a public school facility or other real property as an unused or underutilized public school facility if the school district fails to identify in the report the public school facility or other real property. (ii) A school district may appeal an identification made by the division under subdivision (a)(7)(B)(i) of this section to the commission.

(A) Submit a report to the division by February 1 of each year that identifies: (i) All unused or underutilized public school facilities in the school district; and (ii) The unused or underutilized public school facilities, if any, that are designated in the district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project.

(i) All unused or underutilized public school facilities in the school district; and

(ii) The unused or underutilized public school facilities, if any, that are designated in the district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project.

(B) (i) The division shall identify a public school facility or other real property as an unused or underutilized public school facility if the school district fails to identify in the report the public school facility or other real property. (ii) A school district may appeal an identification made by the division under subdivision (a)(7)(B)(i) of this section to the commission.

(i) The division shall identify a public school facility or other real property as an unused or underutilized public school facility if the school district fails to identify in the report the public school facility or other real property.

(ii) A school district may appeal an identification made by the division under subdivision (a)(7)(B)(i) of this section to the commission.

(b) A facilities master plan shall include, at a minimum, the following: (1) A schedule of custodial activities for each public school facility used by a school district; (2) (A) A schedule of maintenance, repair, and renovation activities for each public school facility used by a school district. (B) The schedule shall distinguish between work associated with academic facilities and work associated with nonacademic public school facilities; (3) (A) Documentation that describes preventive maintenance work for each public school facility and identifies the completion date of the work. (B) The documentation shall distinguish between preventive maintenance work associated with academic facilities and preventive maintenance work associated with nonacademic public school facilities; (4) (A) Annual expenditures of the school district for all custodial, maintenance, repair, and renovation activities in the school district. (B) The section of the facilities master plan pertaining to the annual expenditures under subdivision (b)(4)(A) of this section shall distinguish between expenditures associated with academic facilities and expenditures associated with nonacademic public school facilities; (5) A projected replacement schedule for major building systems in each public school facility; (6) Identification of issues with regard to public school facility and program access to individuals with disabilities and, if necessary, proposed methods for improving access; (7) (A) Identification of committed projects within the school district that includes, as applicable, a breakdown of the portion of each project into maintenance, repair, and renovation activities and new construction activities. (B) The portion of a committed project pertaining to maintenance, repair, and renovation activities shall identify, as applicable, maintenance, repair, and renovation activities associated with academic facilities and maintenance, repair, and renovation activities associated with nonacademic public school facilities; (8) Annual expenditures of the school district for capital outlay; (9) A description of planned new construction projects with cost estimates for each public school facility within the school district and needs prioritized as follows: (A) Immediate needs that the school district intends to address within three (3) years following the submission of the facilities master plan; and (B) Long-term needs that the school district intends to address within the four (4) to six (6) years following the submission of the facilities master plan; (10) Evidence of the school district's insurance coverage, including coverage amounts, types of coverage, identification of public school facilities covered, policy renewal dates, and all riders; and (11) An update in a format prescribed by the division of any new public school facilities, as defined in § 6-21-803 , constructed since the last master plan submission, including individual room types and sizes.

(1) A schedule of custodial activities for each public school facility used by a school district;

(2) (A) A schedule of maintenance, repair, and renovation activities for each public school facility used by a school district. (B) The schedule shall distinguish between work associated with academic facilities and work associated with nonacademic public school facilities;

(A) A schedule of maintenance, repair, and renovation activities for each public school facility used by a school district.

(B) The schedule shall distinguish between work associated with academic facilities and work associated with nonacademic public school facilities;

(3) (A) Documentation that describes preventive maintenance work for each public school facility and identifies the completion date of the work. (B) The documentation shall distinguish between preventive maintenance work associated with academic facilities and preventive maintenance work associated with nonacademic public school facilities;

(A) Documentation that describes preventive maintenance work for each public school facility and identifies the completion date of the work.

(B) The documentation shall distinguish between preventive maintenance work associated with academic facilities and preventive maintenance work associated with nonacademic public school facilities;

(4) (A) Annual expenditures of the school district for all custodial, maintenance, repair, and renovation activities in the school district. (B) The section of the facilities master plan pertaining to the annual expenditures under subdivision (b)(4)(A) of this section shall distinguish between expenditures associated with academic facilities and expenditures associated with nonacademic public school facilities;

(A) Annual expenditures of the school district for all custodial, maintenance, repair, and renovation activities in the school district.

(B) The section of the facilities master plan pertaining to the annual expenditures under subdivision (b)(4)(A) of this section shall distinguish between expenditures associated with academic facilities and expenditures associated with nonacademic public school facilities;

(5) A projected replacement schedule for major building systems in each public school facility;

(6) Identification of issues with regard to public school facility and program access to individuals with disabilities and, if necessary, proposed methods for improving access;

(7) (A) Identification of committed projects within the school district that includes, as applicable, a breakdown of the portion of each project into maintenance, repair, and renovation activities and new construction activities. (B) The portion of a committed project pertaining to maintenance, repair, and renovation activities shall identify, as applicable, maintenance, repair, and renovation activities associated with academic facilities and maintenance, repair, and renovation activities associated with nonacademic public school facilities;

(A) Identification of committed projects within the school district that includes, as applicable, a breakdown of the portion of each project into maintenance, repair, and renovation activities and new construction activities.

(B) The portion of a committed project pertaining to maintenance, repair, and renovation activities shall identify, as applicable, maintenance, repair, and renovation activities associated with academic facilities and maintenance, repair, and renovation activities associated with nonacademic public school facilities;

(8) Annual expenditures of the school district for capital outlay;

(9) A description of planned new construction projects with cost estimates for each public school facility within the school district and needs prioritized as follows: (A) Immediate needs that the school district intends to address within three (3) years following the submission of the facilities master plan; and (B) Long-term needs that the school district intends to address within the four (4) to six (6) years following the submission of the facilities master plan;

(A) Immediate needs that the school district intends to address within three (3) years following the submission of the facilities master plan; and

(B) Long-term needs that the school district intends to address within the four (4) to six (6) years following the submission of the facilities master plan;

(10) Evidence of the school district's insurance coverage, including coverage amounts, types of coverage, identification of public school facilities covered, policy renewal dates, and all riders; and

(11) An update in a format prescribed by the division of any new public school facilities, as defined in § 6-21-803 , constructed since the last master plan submission, including individual room types and sizes.

(c) A consultation meeting between representatives of the school district and members of the division to discuss the development of the school district's facilities master plan shall be held upon request of the school district.

(d) The division shall review and upon all requirements' being met approve a school district's facilities master plan no later than September 1 of each even-numbered year and shall notify a school district no later than May 1 of each odd-numbered year whether the school district's application for state financial participation during the upcoming biennium in an eligible new construction project has been approved.

(e) (1) A school district may amend its facilities master plans at any time during the six-year cycle specified in § 6-21-803 . (2) An amendment may be submitted out of the regular even-numbered year cycle if the school district: (A) Has encountered: (i) A major enrollment change; (ii) A major curriculum change; (iii) A major disaster; or (iv) An unforeseen occurrence; or (B) (i) Has begun or completed a self-funded construction project over which the division has only review authority. (ii) An amendment submitted under subdivision (e)(2)(B)(i) of this section may be submitted in the form of an appendix to the existing school district facilities master plan.

(1) A school district may amend its facilities master plans at any time during the six-year cycle specified in § 6-21-803 .

(2) An amendment may be submitted out of the regular even-numbered year cycle if the school district: (A) Has encountered: (i) A major enrollment change; (ii) A major curriculum change; (iii) A major disaster; or (iv) An unforeseen occurrence; or (B) (i) Has begun or completed a self-funded construction project over which the division has only review authority. (ii) An amendment submitted under subdivision (e)(2)(B)(i) of this section may be submitted in the form of an appendix to the existing school district facilities master plan.

(A) Has encountered: (i) A major enrollment change; (ii) A major curriculum change; (iii) A major disaster; or (iv) An unforeseen occurrence; or

(i) A major enrollment change;

(ii) A major curriculum change;

(iii) A major disaster; or

(iv) An unforeseen occurrence; or

(B) (i) Has begun or completed a self-funded construction project over which the division has only review authority. (ii) An amendment submitted under subdivision (e)(2)(B)(i) of this section may be submitted in the form of an appendix to the existing school district facilities master plan.

(i) Has begun or completed a self-funded construction project over which the division has only review authority.

(ii) An amendment submitted under subdivision (e)(2)(B)(i) of this section may be submitted in the form of an appendix to the existing school district facilities master plan.

Amended by Act 2021, No. 126,§ 6, eff. 7/28/2021.

Amended by Act 2017, No. 935,§ 8, eff. 8/1/2017.

Amended by Act 2017, No. 542,§ 2, eff. 8/1/2017.

Acts 2005, No. 1426, § 1; 2006 (1st Ex. Sess.), No. 19, § 6; 2007, No. 989, §§ 16, 17; 2009, No. 1473, § 20; 2011, No. 1006, §§ 11, 12, 12 [13].
Ark. Code Ann. § 6-64-419 — AR Code / Title 6 / Chapter 64 / Subchapter 4 / Section 6-64-419
Adult Sickle Cell Clinic of the University of Arkansas for Medical Sciences
Status: in_force

(a) (1) The Adult Sickle Cell Clinic of the University of Arkansas for Medical Sciences is created. (2) The clinic shall be a comprehensive clinic at which adults in Arkansas with sickle cell anemia may receive specialty care, including without limitation: (A) Advanced, specialized health care; (B) Preventive health care; and (C) Local healthcare provider support. (b) The clinic shall provide services, including without limitation: (1) (A) An annual visit for comprehensive diagnosis and treatment for adult patients with sickle cell anemia from all over the state. (B) A patient with more severe complications from sickle cell anemia may receive more frequent treatment as needed; (2) (A) On the basis of each comprehensive visit under subdivision (b)(1) of this section, a care plan for that patient is developed to serve as a blueprint for the patient's medical care throughout the year. (B) For acute medical events, treatment under this section shall be based on the care plan created under subdivision (b)(2)(A) of this section as the guide for management of sickle cell anemia and complications of sickle cell anemia; (3) Designing a training program regarding sickle cell anemia and complications of sickle cell anemia for: (A) Physicians, nurses, and social workers throughout the state; (B) Medical students and residents; (C) Healthcare providers; and (D) Healthcare provider students; (4) Through the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences, training and case consultation with healthcare providers across the state; and (5) A program to: (A) Track adult patients with sickle cell anemia; and (B) Measure the effectiveness of the clinic. (c) (1) The clinic shall make staff personnel available to primary care physicians and medical staff of area health education centers for consultation regarding sickle cell anemia and complications of sickle cell anemia as needed. (2) A nurse practitioner employed in this clinic shall be available twenty-four (24) hours per day, seven (7) days per week to receive and respond to telephone calls from physicians or patients regarding sickle cell anemia and complications of sickle cell anemia. (3) A social worker shall assist patients with sickle cell anemia and their families in finding ways to meet the needs of the patient and his or her family, including without limitation: (A) Health-related expenses not covered by insurance plans; (B) Transportation costs; (C) Employment options; and (D) Social and emotional support. (4) A grassroots community coordinator shall connect the clinic to other healthcare providers around the state and help connect patients with the clinic. Acts 2011, No. 909, § 1.

(a) (1) The Adult Sickle Cell Clinic of the University of Arkansas for Medical Sciences is created. (2) The clinic shall be a comprehensive clinic at which adults in Arkansas with sickle cell anemia may receive specialty care, including without limitation: (A) Advanced, specialized health care; (B) Preventive health care; and (C) Local healthcare provider support.

(1) The Adult Sickle Cell Clinic of the University of Arkansas for Medical Sciences is created.

(2) The clinic shall be a comprehensive clinic at which adults in Arkansas with sickle cell anemia may receive specialty care, including without limitation: (A) Advanced, specialized health care; (B) Preventive health care; and (C) Local healthcare provider support.

(A) Advanced, specialized health care;

(B) Preventive health care; and

(C) Local healthcare provider support.

(b) The clinic shall provide services, including without limitation: (1) (A) An annual visit for comprehensive diagnosis and treatment for adult patients with sickle cell anemia from all over the state. (B) A patient with more severe complications from sickle cell anemia may receive more frequent treatment as needed; (2) (A) On the basis of each comprehensive visit under subdivision (b)(1) of this section, a care plan for that patient is developed to serve as a blueprint for the patient's medical care throughout the year. (B) For acute medical events, treatment under this section shall be based on the care plan created under subdivision (b)(2)(A) of this section as the guide for management of sickle cell anemia and complications of sickle cell anemia; (3) Designing a training program regarding sickle cell anemia and complications of sickle cell anemia for: (A) Physicians, nurses, and social workers throughout the state; (B) Medical students and residents; (C) Healthcare providers; and (D) Healthcare provider students; (4) Through the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences, training and case consultation with healthcare providers across the state; and (5) A program to: (A) Track adult patients with sickle cell anemia; and (B) Measure the effectiveness of the clinic.

(1) (A) An annual visit for comprehensive diagnosis and treatment for adult patients with sickle cell anemia from all over the state. (B) A patient with more severe complications from sickle cell anemia may receive more frequent treatment as needed;

(A) An annual visit for comprehensive diagnosis and treatment for adult patients with sickle cell anemia from all over the state.

(B) A patient with more severe complications from sickle cell anemia may receive more frequent treatment as needed;

(2) (A) On the basis of each comprehensive visit under subdivision (b)(1) of this section, a care plan for that patient is developed to serve as a blueprint for the patient's medical care throughout the year. (B) For acute medical events, treatment under this section shall be based on the care plan created under subdivision (b)(2)(A) of this section as the guide for management of sickle cell anemia and complications of sickle cell anemia;

(A) On the basis of each comprehensive visit under subdivision (b)(1) of this section, a care plan for that patient is developed to serve as a blueprint for the patient's medical care throughout the year.

(B) For acute medical events, treatment under this section shall be based on the care plan created under subdivision (b)(2)(A) of this section as the guide for management of sickle cell anemia and complications of sickle cell anemia;

(3) Designing a training program regarding sickle cell anemia and complications of sickle cell anemia for: (A) Physicians, nurses, and social workers throughout the state; (B) Medical students and residents; (C) Healthcare providers; and (D) Healthcare provider students;

(A) Physicians, nurses, and social workers throughout the state;

(B) Medical students and residents;

(C) Healthcare providers; and

(D) Healthcare provider students;

(4) Through the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences, training and case consultation with healthcare providers across the state; and

(5) A program to: (A) Track adult patients with sickle cell anemia; and (B) Measure the effectiveness of the clinic.

(A) Track adult patients with sickle cell anemia; and

(B) Measure the effectiveness of the clinic.

(c) (1) The clinic shall make staff personnel available to primary care physicians and medical staff of area health education centers for consultation regarding sickle cell anemia and complications of sickle cell anemia as needed. (2) A nurse practitioner employed in this clinic shall be available twenty-four (24) hours per day, seven (7) days per week to receive and respond to telephone calls from physicians or patients regarding sickle cell anemia and complications of sickle cell anemia. (3) A social worker shall assist patients with sickle cell anemia and their families in finding ways to meet the needs of the patient and his or her family, including without limitation: (A) Health-related expenses not covered by insurance plans; (B) Transportation costs; (C) Employment options; and (D) Social and emotional support. (4) A grassroots community coordinator shall connect the clinic to other healthcare providers around the state and help connect patients with the clinic.

(1) The clinic shall make staff personnel available to primary care physicians and medical staff of area health education centers for consultation regarding sickle cell anemia and complications of sickle cell anemia as needed.

(2) A nurse practitioner employed in this clinic shall be available twenty-four (24) hours per day, seven (7) days per week to receive and respond to telephone calls from physicians or patients regarding sickle cell anemia and complications of sickle cell anemia.

(3) A social worker shall assist patients with sickle cell anemia and their families in finding ways to meet the needs of the patient and his or her family, including without limitation: (A) Health-related expenses not covered by insurance plans; (B) Transportation costs; (C) Employment options; and (D) Social and emotional support.

(A) Health-related expenses not covered by insurance plans;

(B) Transportation costs;

(C) Employment options; and

(D) Social and emotional support.

(4) A grassroots community coordinator shall connect the clinic to other healthcare providers around the state and help connect patients with the clinic.

Acts 2011, No. 909, § 1.