Ark. Code Ann. § 6-20-405 — AR Code / Title 6 / Chapter 20 / Subchapter 4 / Section 6-20-405
Energy savings contract - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Energy savings contract" means a contract for the implementation of one (1) or more energy conservation measures as defined in § 6-20-401 and shall include an investment grade preinstallation energy audit and analysis. (B) The contract may provide that all payments except obligations on termination of the contract before its expiration are to be made over time and that the energy cost savings are guaranteed by the qualified provider to the extent necessary to pay all of the costs of the energy conservation measures, including all costs of financing and annual services that may include the measurement and verification of the guaranteed savings. (C) The energy conservation measures to be performed under the contract may be paid for with any combination of revenue or nonrevenue receipts of a school district or, alternatively, financed by the issuance of postdated warrants or entering into installment contracts, or lease-purchase agreements. (D) Obligations incurred pursuant to a guaranteed energy savings contract are not included in computing a school district's debt ratio. (E) If an energy savings contract is to be executed concurrently with one (1) or more conventional construction contracts for a common structure, the energy savings contract shall be separate and distinct from the other contract; (2) (A) "Qualified provider" means the same as defined in § 19-11-1202 . (B) A qualified provider to whom the contract is awarded: (i) Shall be required to provide a payment and performance bond to the school district for its faithful performance of the equipment installation; and (ii) May be required to provide a letter of credit, surety bond, escrowed funds, or a corporate guarantee from a company with an investment grade credit rating in an amount necessary to ensure the effective performance of the contract; and (3) (A) "Request for qualifications" means a negotiated procurement. (B) (i) Notice of the request for qualifications shall be published one (1) time each week for no less than two (2) consecutive weeks in a newspaper of statewide circulation. (ii) Responses shall be sealed and opened in a public forum at a date within thirty (30) days from the last publication, at which point the school district shall evaluate the qualifications. (b) The school district may select the qualified provider or providers best qualified and capable of performing the desired work and negotiate an energy savings contract for the project. (c) (1) A school district may enter into a guaranteed energy savings contract with a qualified provider if it finds that the amount it would spend on the energy conservation measures detailed in the contract would not exceed the amount to be saved in any combination of energy costs or operational costs or future capital expenditures avoided within a twenty-year period from the date of installation if the recommendations in the proposal are followed. (2) The qualified provider's proposal shall include: (A) The estimates of all costs of installation, modifications, or remodeling, including without limitation costs of an investment grade preinstallation energy audit and analysis, design, engineering, installation, commissioning, maintenance, repairs, debt service, postinstallation project monitoring, savings measurement and verification, and data collection and reporting, as well as whether energy consumed or the operating costs, or both, will be reduced; (B) The qualifications of the provider; (C) The amount and specific sources of operational savings and capital cost avoidance that the school district acknowledges will occur without future measurement and verification; (D) A statement from an Arkansas-licensed professional engineer that he or she was a member of the qualified provider's project team that completed a comprehensive energy audit and analysis of the school district's facilities; and (E) The reasonably expected useful life of each recommended energy conservation measure. (3) (A) Except as provided in subdivision (c)(3)(C) of this section, before entering into any energy savings contract, the contract shall be reviewed by an engineer who is: (i) Licensed in the State of Arkansas; and (ii) Designated by the division as qualified to review energy savings contracts. (B) (i) The engineer conducting the contract review shall report to the school district any comments or issues that he or she believes merit consideration by the district before the district executes the energy savings contract. (ii) The engineer shall bear no liability for any estimation of energy savings generated as part of a contract review under this subdivision (c)(3). (C) Third-party review as provided in this subdivision (c)(3) shall not be required if the qualified provider demonstrates that the provider is a current member in good standing of the Energy Service Company or Energy Service Provider category of the National Association of Energy Service Companies. (d) (1) The qualified provider shall provide to the school district an annual reconciliation report of the guaranteed energy-use savings. (2) The qualified provider shall reimburse the school district for any annual shortfall of guaranteed energy-use savings as stated in the contract. (e) This section shall constitute the sole authority necessary to accomplish the purposes of this section without regard to compliance with other laws that specify procedural requirements for execution of contracts. (f) A school district may provide by resolution that the school district shall comply with the rules promulgated by the Arkansas Pollution Control and Ecology Commission under the Guaranteed Energy Cost Savings Act, § 19-11-1201 et seq. Amended by Act 2019, No. 507,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 507,§ 1, eff. 7/24/2019. Acts 1997, No. 962, § 4; 2001, No. 1717, § 1; 2003 (2nd Ex. Sess.), No. 58, § 3; 2005, No. 2156, § 3; 2007, No. 659, § 1.

(a) As used in this section: (1) (A) "Energy savings contract" means a contract for the implementation of one (1) or more energy conservation measures as defined in § 6-20-401 and shall include an investment grade preinstallation energy audit and analysis. (B) The contract may provide that all payments except obligations on termination of the contract before its expiration are to be made over time and that the energy cost savings are guaranteed by the qualified provider to the extent necessary to pay all of the costs of the energy conservation measures, including all costs of financing and annual services that may include the measurement and verification of the guaranteed savings. (C) The energy conservation measures to be performed under the contract may be paid for with any combination of revenue or nonrevenue receipts of a school district or, alternatively, financed by the issuance of postdated warrants or entering into installment contracts, or lease-purchase agreements. (D) Obligations incurred pursuant to a guaranteed energy savings contract are not included in computing a school district's debt ratio. (E) If an energy savings contract is to be executed concurrently with one (1) or more conventional construction contracts for a common structure, the energy savings contract shall be separate and distinct from the other contract; (2) (A) "Qualified provider" means the same as defined in § 19-11-1202 . (B) A qualified provider to whom the contract is awarded: (i) Shall be required to provide a payment and performance bond to the school district for its faithful performance of the equipment installation; and (ii) May be required to provide a letter of credit, surety bond, escrowed funds, or a corporate guarantee from a company with an investment grade credit rating in an amount necessary to ensure the effective performance of the contract; and (3) (A) "Request for qualifications" means a negotiated procurement. (B) (i) Notice of the request for qualifications shall be published one (1) time each week for no less than two (2) consecutive weeks in a newspaper of statewide circulation. (ii) Responses shall be sealed and opened in a public forum at a date within thirty (30) days from the last publication, at which point the school district shall evaluate the qualifications.

(1) (A) "Energy savings contract" means a contract for the implementation of one (1) or more energy conservation measures as defined in § 6-20-401 and shall include an investment grade preinstallation energy audit and analysis. (B) The contract may provide that all payments except obligations on termination of the contract before its expiration are to be made over time and that the energy cost savings are guaranteed by the qualified provider to the extent necessary to pay all of the costs of the energy conservation measures, including all costs of financing and annual services that may include the measurement and verification of the guaranteed savings. (C) The energy conservation measures to be performed under the contract may be paid for with any combination of revenue or nonrevenue receipts of a school district or, alternatively, financed by the issuance of postdated warrants or entering into installment contracts, or lease-purchase agreements. (D) Obligations incurred pursuant to a guaranteed energy savings contract are not included in computing a school district's debt ratio. (E) If an energy savings contract is to be executed concurrently with one (1) or more conventional construction contracts for a common structure, the energy savings contract shall be separate and distinct from the other contract;

(A) "Energy savings contract" means a contract for the implementation of one (1) or more energy conservation measures as defined in § 6-20-401 and shall include an investment grade preinstallation energy audit and analysis.

(B) The contract may provide that all payments except obligations on termination of the contract before its expiration are to be made over time and that the energy cost savings are guaranteed by the qualified provider to the extent necessary to pay all of the costs of the energy conservation measures, including all costs of financing and annual services that may include the measurement and verification of the guaranteed savings.

(C) The energy conservation measures to be performed under the contract may be paid for with any combination of revenue or nonrevenue receipts of a school district or, alternatively, financed by the issuance of postdated warrants or entering into installment contracts, or lease-purchase agreements.

(D) Obligations incurred pursuant to a guaranteed energy savings contract are not included in computing a school district's debt ratio.

(E) If an energy savings contract is to be executed concurrently with one (1) or more conventional construction contracts for a common structure, the energy savings contract shall be separate and distinct from the other contract;

(2) (A) "Qualified provider" means the same as defined in § 19-11-1202 . (B) A qualified provider to whom the contract is awarded: (i) Shall be required to provide a payment and performance bond to the school district for its faithful performance of the equipment installation; and (ii) May be required to provide a letter of credit, surety bond, escrowed funds, or a corporate guarantee from a company with an investment grade credit rating in an amount necessary to ensure the effective performance of the contract; and

(A) "Qualified provider" means the same as defined in § 19-11-1202 .

(B) A qualified provider to whom the contract is awarded: (i) Shall be required to provide a payment and performance bond to the school district for its faithful performance of the equipment installation; and (ii) May be required to provide a letter of credit, surety bond, escrowed funds, or a corporate guarantee from a company with an investment grade credit rating in an amount necessary to ensure the effective performance of the contract; and

(i) Shall be required to provide a payment and performance bond to the school district for its faithful performance of the equipment installation; and

(ii) May be required to provide a letter of credit, surety bond, escrowed funds, or a corporate guarantee from a company with an investment grade credit rating in an amount necessary to ensure the effective performance of the contract; and

(3) (A) "Request for qualifications" means a negotiated procurement. (B) (i) Notice of the request for qualifications shall be published one (1) time each week for no less than two (2) consecutive weeks in a newspaper of statewide circulation. (ii) Responses shall be sealed and opened in a public forum at a date within thirty (30) days from the last publication, at which point the school district shall evaluate the qualifications.

(A) "Request for qualifications" means a negotiated procurement.

(B) (i) Notice of the request for qualifications shall be published one (1) time each week for no less than two (2) consecutive weeks in a newspaper of statewide circulation. (ii) Responses shall be sealed and opened in a public forum at a date within thirty (30) days from the last publication, at which point the school district shall evaluate the qualifications.

(i) Notice of the request for qualifications shall be published one (1) time each week for no less than two (2) consecutive weeks in a newspaper of statewide circulation.

(ii) Responses shall be sealed and opened in a public forum at a date within thirty (30) days from the last publication, at which point the school district shall evaluate the qualifications.

(b) The school district may select the qualified provider or providers best qualified and capable of performing the desired work and negotiate an energy savings contract for the project.

(c) (1) A school district may enter into a guaranteed energy savings contract with a qualified provider if it finds that the amount it would spend on the energy conservation measures detailed in the contract would not exceed the amount to be saved in any combination of energy costs or operational costs or future capital expenditures avoided within a twenty-year period from the date of installation if the recommendations in the proposal are followed. (2) The qualified provider's proposal shall include: (A) The estimates of all costs of installation, modifications, or remodeling, including without limitation costs of an investment grade preinstallation energy audit and analysis, design, engineering, installation, commissioning, maintenance, repairs, debt service, postinstallation project monitoring, savings measurement and verification, and data collection and reporting, as well as whether energy consumed or the operating costs, or both, will be reduced; (B) The qualifications of the provider; (C) The amount and specific sources of operational savings and capital cost avoidance that the school district acknowledges will occur without future measurement and verification; (D) A statement from an Arkansas-licensed professional engineer that he or she was a member of the qualified provider's project team that completed a comprehensive energy audit and analysis of the school district's facilities; and (E) The reasonably expected useful life of each recommended energy conservation measure. (3) (A) Except as provided in subdivision (c)(3)(C) of this section, before entering into any energy savings contract, the contract shall be reviewed by an engineer who is: (i) Licensed in the State of Arkansas; and (ii) Designated by the division as qualified to review energy savings contracts. (B) (i) The engineer conducting the contract review shall report to the school district any comments or issues that he or she believes merit consideration by the district before the district executes the energy savings contract. (ii) The engineer shall bear no liability for any estimation of energy savings generated as part of a contract review under this subdivision (c)(3). (C) Third-party review as provided in this subdivision (c)(3) shall not be required if the qualified provider demonstrates that the provider is a current member in good standing of the Energy Service Company or Energy Service Provider category of the National Association of Energy Service Companies.

(1) A school district may enter into a guaranteed energy savings contract with a qualified provider if it finds that the amount it would spend on the energy conservation measures detailed in the contract would not exceed the amount to be saved in any combination of energy costs or operational costs or future capital expenditures avoided within a twenty-year period from the date of installation if the recommendations in the proposal are followed.

(2) The qualified provider's proposal shall include: (A) The estimates of all costs of installation, modifications, or remodeling, including without limitation costs of an investment grade preinstallation energy audit and analysis, design, engineering, installation, commissioning, maintenance, repairs, debt service, postinstallation project monitoring, savings measurement and verification, and data collection and reporting, as well as whether energy consumed or the operating costs, or both, will be reduced; (B) The qualifications of the provider; (C) The amount and specific sources of operational savings and capital cost avoidance that the school district acknowledges will occur without future measurement and verification; (D) A statement from an Arkansas-licensed professional engineer that he or she was a member of the qualified provider's project team that completed a comprehensive energy audit and analysis of the school district's facilities; and (E) The reasonably expected useful life of each recommended energy conservation measure.

(A) The estimates of all costs of installation, modifications, or remodeling, including without limitation costs of an investment grade preinstallation energy audit and analysis, design, engineering, installation, commissioning, maintenance, repairs, debt service, postinstallation project monitoring, savings measurement and verification, and data collection and reporting, as well as whether energy consumed or the operating costs, or both, will be reduced;

(B) The qualifications of the provider;

(C) The amount and specific sources of operational savings and capital cost avoidance that the school district acknowledges will occur without future measurement and verification;

(D) A statement from an Arkansas-licensed professional engineer that he or she was a member of the qualified provider's project team that completed a comprehensive energy audit and analysis of the school district's facilities; and

(E) The reasonably expected useful life of each recommended energy conservation measure.

(3) (A) Except as provided in subdivision (c)(3)(C) of this section, before entering into any energy savings contract, the contract shall be reviewed by an engineer who is: (i) Licensed in the State of Arkansas; and (ii) Designated by the division as qualified to review energy savings contracts. (B) (i) The engineer conducting the contract review shall report to the school district any comments or issues that he or she believes merit consideration by the district before the district executes the energy savings contract. (ii) The engineer shall bear no liability for any estimation of energy savings generated as part of a contract review under this subdivision (c)(3). (C) Third-party review as provided in this subdivision (c)(3) shall not be required if the qualified provider demonstrates that the provider is a current member in good standing of the Energy Service Company or Energy Service Provider category of the National Association of Energy Service Companies.

(A) Except as provided in subdivision (c)(3)(C) of this section, before entering into any energy savings contract, the contract shall be reviewed by an engineer who is: (i) Licensed in the State of Arkansas; and (ii) Designated by the division as qualified to review energy savings contracts.

(i) Licensed in the State of Arkansas; and

(ii) Designated by the division as qualified to review energy savings contracts.

(B) (i) The engineer conducting the contract review shall report to the school district any comments or issues that he or she believes merit consideration by the district before the district executes the energy savings contract. (ii) The engineer shall bear no liability for any estimation of energy savings generated as part of a contract review under this subdivision (c)(3).

(i) The engineer conducting the contract review shall report to the school district any comments or issues that he or she believes merit consideration by the district before the district executes the energy savings contract.

(ii) The engineer shall bear no liability for any estimation of energy savings generated as part of a contract review under this subdivision (c)(3).

(C) Third-party review as provided in this subdivision (c)(3) shall not be required if the qualified provider demonstrates that the provider is a current member in good standing of the Energy Service Company or Energy Service Provider category of the National Association of Energy Service Companies.

(d) (1) The qualified provider shall provide to the school district an annual reconciliation report of the guaranteed energy-use savings. (2) The qualified provider shall reimburse the school district for any annual shortfall of guaranteed energy-use savings as stated in the contract.

(1) The qualified provider shall provide to the school district an annual reconciliation report of the guaranteed energy-use savings.

(2) The qualified provider shall reimburse the school district for any annual shortfall of guaranteed energy-use savings as stated in the contract.

(e) This section shall constitute the sole authority necessary to accomplish the purposes of this section without regard to compliance with other laws that specify procedural requirements for execution of contracts.

(f) A school district may provide by resolution that the school district shall comply with the rules promulgated by the Arkansas Pollution Control and Ecology Commission under the Guaranteed Energy Cost Savings Act, § 19-11-1201 et seq.

Amended by Act 2019, No. 507,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 507,§ 1, eff. 7/24/2019.

Acts 1997, No. 962, § 4; 2001, No. 1717, § 1; 2003 (2nd Ex. Sess.), No. 58, § 3; 2005, No. 2156, § 3; 2007, No. 659, § 1.
Ark. Code Ann. § 6-62-722 — AR Code / Title 6 / Chapter 62 / Subchapter 7 / Section 6-62-722
Bonds - Rights and liabilities - Commencement
Status: in_force

This subchapter shall not create any right of any character, and no right of any character shall arise under or pursuant to it unless and until the first series of bonds authorized by this subchapter shall have been sold and delivered. Acts 1989, No. 683, § 16.

This subchapter shall not create any right of any character, and no right of any character shall arise under or pursuant to it unless and until the first series of bonds authorized by this subchapter shall have been sold and delivered.

Acts 1989, No. 683, § 16.
Ark. Code Ann. § 6-64-101 — AR Code / Title 6 / Chapter 64 / Subchapter 1 / Section 6-64-101
Courses of study
Status: in_force

The Board of Trustees of the University of Arkansas shall prescribe the course of study for the campuses, divisions, and units of the University of Arkansas system. Amended by Act 2023, No. 124,§ 9, eff. 8/1/2023. Acts 1887, No. 95, § 6, p. 178; 1891, No. 83, § 3, p. 151; C. & M. Dig., § 9544; Pope's Dig., § 13165; A.S.A. 1947, § 80-2826.

The Board of Trustees of the University of Arkansas shall prescribe the course of study for the campuses, divisions, and units of the University of Arkansas system.

Amended by Act 2023, No. 124,§ 9, eff. 8/1/2023.

Acts 1887, No. 95, § 6, p. 178; 1891, No. 83, § 3, p. 151; C. & M. Dig., § 9544; Pope's Dig., § 13165; A.S.A. 1947, § 80-2826.
Ark. Code Ann. § 6-17-703 — AR Code / Title 6 / Chapter 17 / Subchapter 7 / Section 6-17-703
Arkansas history professional development
Status: in_force

(a) A school district shall provide two (2) hours, or professional learning credits as determined by the Division of Elementary and Secondary Education, of substantive and meaningful professional development in Arkansas history for its teachers who provide instruction in Arkansas history according to the professional development schedule under § 6-17-709 . (b) The school district may provide the professional development: (1) By contracting with an education service cooperative; or (2) By using the Arkansas Online Professional Development Initiative under § 6-17-707 . (c) The professional development under this section shall count toward satisfaction of requirements for professional development in the Standards for Accreditation of Arkansas Public Schools and School Districts. Amended by Act 2019, No. 666,§ 3, eff. 7/24/2019. Amended by Act 2013, No. 969,§ 3, eff. 4/8/2013. Acts 1997, No. 787, § 4; 2005, No. 2095, § 1.

(a) A school district shall provide two (2) hours, or professional learning credits as determined by the Division of Elementary and Secondary Education, of substantive and meaningful professional development in Arkansas history for its teachers who provide instruction in Arkansas history according to the professional development schedule under § 6-17-709 .

(b) The school district may provide the professional development: (1) By contracting with an education service cooperative; or (2) By using the Arkansas Online Professional Development Initiative under § 6-17-707 .

(1) By contracting with an education service cooperative; or

(2) By using the Arkansas Online Professional Development Initiative under § 6-17-707 .

(c) The professional development under this section shall count toward satisfaction of requirements for professional development in the Standards for Accreditation of Arkansas Public Schools and School Districts.

Amended by Act 2019, No. 666,§ 3, eff. 7/24/2019.

Amended by Act 2013, No. 969,§ 3, eff. 4/8/2013.

Acts 1997, No. 787, § 4; 2005, No. 2095, § 1.
Ark. Code Ann. § 6-15-424 — AR Code / Title 6 / Chapter 15 / Subchapter 4 / Section 6-15-424
[Repealed]
Status: repealed

Repealed by Act 2017, No. 930,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1217,§ 12, eff. 7/22/2015. Acts 2003, No. 1467, § 15; 2007, No. 1573, § 7.

Repealed by Act 2017, No. 930,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1217,§ 12, eff. 7/22/2015.

Acts 2003, No. 1467, § 15; 2007, No. 1573, § 7.
Ark. Code Ann. § 6-14-118 — AR Code / Title 6 / Chapter 14 / Section 6-14-118
Expenses
Status: in_force

(a) (1) Except as provided in this section, for school elections, the school district shall reimburse the county for the cost of the school election. (2) Subdivision (a)(1) of this section includes the cost of a special school election. (b) (1) If the school election is held in an even-numbered year, the school district shall reimburse each county in which the school election appears on the preferential primary election or general election ballot for additional costs incurred by the county when holding the school election in conjunction with the preferential primary election or general election. (2) Total reimbursement under subdivision (b)(1) of this section shall not exceed an amount equal to the amount the school district reimbursed one (1) or more counties in the aggregate for the last contested school election in an odd-numbered year. (c) The school district shall reimburse a county for the entire cost of a school runoff election if: (1) The school election is held in an even-numbered year; and (2) The preferential primary election or general election which the school election is held in conjunction with does not result in the holding of a general primary election or a general runoff election in the county so that the school runoff election is the only issue on the ballot. Amended by Act 2017, No. 910,§ 5, eff. 1/1/2018. Amended by Act 2016EX3, No. 15,§ 5, eff. 5/23/2016. Amended by Act 2016EX3, No. 14,§ 5, eff. 5/23/2016. Acts 1931, No. 169, § 85; Pope's Dig., § 11519; A.S.A. 1947, § 80-315; Acts 1987, No. 248, § 13; 1993, No. 978, § 1; 2007, No. 1200, § 1; 2009, No. 292, § 2.

(a) (1) Except as provided in this section, for school elections, the school district shall reimburse the county for the cost of the school election. (2) Subdivision (a)(1) of this section includes the cost of a special school election.

(1) Except as provided in this section, for school elections, the school district shall reimburse the county for the cost of the school election.

(2) Subdivision (a)(1) of this section includes the cost of a special school election.

(b) (1) If the school election is held in an even-numbered year, the school district shall reimburse each county in which the school election appears on the preferential primary election or general election ballot for additional costs incurred by the county when holding the school election in conjunction with the preferential primary election or general election. (2) Total reimbursement under subdivision (b)(1) of this section shall not exceed an amount equal to the amount the school district reimbursed one (1) or more counties in the aggregate for the last contested school election in an odd-numbered year.

(1) If the school election is held in an even-numbered year, the school district shall reimburse each county in which the school election appears on the preferential primary election or general election ballot for additional costs incurred by the county when holding the school election in conjunction with the preferential primary election or general election.

(2) Total reimbursement under subdivision (b)(1) of this section shall not exceed an amount equal to the amount the school district reimbursed one (1) or more counties in the aggregate for the last contested school election in an odd-numbered year.

(c) The school district shall reimburse a county for the entire cost of a school runoff election if: (1) The school election is held in an even-numbered year; and (2) The preferential primary election or general election which the school election is held in conjunction with does not result in the holding of a general primary election or a general runoff election in the county so that the school runoff election is the only issue on the ballot.

(1) The school election is held in an even-numbered year; and

(2) The preferential primary election or general election which the school election is held in conjunction with does not result in the holding of a general primary election or a general runoff election in the county so that the school runoff election is the only issue on the ballot.

Amended by Act 2017, No. 910,§ 5, eff. 1/1/2018.

Amended by Act 2016EX3, No. 15,§ 5, eff. 5/23/2016.

Amended by Act 2016EX3, No. 14,§ 5, eff. 5/23/2016.

Acts 1931, No. 169, § 85; Pope's Dig., § 11519; A.S.A. 1947, § 80-315; Acts 1987, No. 248, § 13; 1993, No. 978, § 1; 2007, No. 1200, § 1; 2009, No. 292, § 2.
Ark. Code Ann. § 6-20-2001 — AR Code / Title 6 / Chapter 20 / Subchapter 20 / Section 6-20-2001
Purpose
Status: in_force

The purpose of this subchapter is to track and account for the amount of state funds that is used to support interschool athletic programs in public schools. Acts 2003 (2nd Ex. Sess.), No. 52, § 1.

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

Acts 2003 (2nd Ex. Sess.), No. 52, § 1.
Ark. Code Ann. § 6-51-608 — AR Code / Title 6 / Chapter 51 / Subchapter 6 / Section 6-51-608
Extension course sites and satellite schools - Additional school license
Status: in_force

(a) (1) Any school licensed under this subchapter shall make application to the Division of Higher Education to offer a course or courses at an extension course site or satellite school. (2) The school shall submit a separate additional license fee with the licensure application for each extension course site or satellite school. (3) The courses, facilities, faculty, and all other operations of the extension course site or satellite school must meet minimum standards as established by rules. (b) The school will be assessed a fee as set by the division to be deposited into the Private Career School Student Protection Trust Fund. Amended by Act 2019, No. 910,§ 1884, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1883, eff. 7/1/2019. Amended by Act 2017, No. 565,§ 8, eff. 3/22/2017. Acts 1983, No. 770, § 5; A.S.A. 1947, § 80-4305; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1.

(a) (1) Any school licensed under this subchapter shall make application to the Division of Higher Education to offer a course or courses at an extension course site or satellite school. (2) The school shall submit a separate additional license fee with the licensure application for each extension course site or satellite school. (3) The courses, facilities, faculty, and all other operations of the extension course site or satellite school must meet minimum standards as established by rules.

(1) Any school licensed under this subchapter shall make application to the Division of Higher Education to offer a course or courses at an extension course site or satellite school.

(2) The school shall submit a separate additional license fee with the licensure application for each extension course site or satellite school.

(3) The courses, facilities, faculty, and all other operations of the extension course site or satellite school must meet minimum standards as established by rules.

(b) The school will be assessed a fee as set by the division to be deposited into the Private Career School Student Protection Trust Fund.

Amended by Act 2019, No. 910,§ 1884, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1883, eff. 7/1/2019.

Amended by Act 2017, No. 565,§ 8, eff. 3/22/2017.

Acts 1983, No. 770, § 5; A.S.A. 1947, § 80-4305; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1.
Ark. Code Ann. § 6-61-601 — AR Code / Title 6 / Chapter 61 / Subchapter 6 / Section 6-61-601
General operations - State funds
Status: in_force

(a) Funds for the general operation of an adequate comprehensive educational program shall be provided by the state. (b) (1) Prior to the beginning of each biennium, the local board of each community college shall develop an estimate of budget requirements for the operation of the community college for each year of the biennium and shall submit it to the State Community College Board for review. (2) The estimate of budget requirements shall include both expected expenditures and incomes. (c) (1) Based on the estimates submitted by the community colleges and estimates of funds required for additional institutions that may be created during the ensuing biennium, the board shall recommend to the General Assembly and the Governor its estimate of funds necessary to support existing community colleges and ones that may be established. (2) The amount of state revenues to be recommended for the general operation of each community college shall be the difference between the recommended budget and the total of income for general operation, including student fees and any other income except local taxes. The recommended budget for general operation shall be sufficient to provide an adequate comprehensive educational program which serves the needs of the state and the community college's service area as determined by the board. (d) Replacement of initial equipment shall be considered as an operating cost. Acts 1977, No. 560, § 12; 1981, No. 29, § 1; A.S.A. 1947, § 80-4912.

(a) Funds for the general operation of an adequate comprehensive educational program shall be provided by the state.

(b) (1) Prior to the beginning of each biennium, the local board of each community college shall develop an estimate of budget requirements for the operation of the community college for each year of the biennium and shall submit it to the State Community College Board for review. (2) The estimate of budget requirements shall include both expected expenditures and incomes.

(1) Prior to the beginning of each biennium, the local board of each community college shall develop an estimate of budget requirements for the operation of the community college for each year of the biennium and shall submit it to the State Community College Board for review.

(2) The estimate of budget requirements shall include both expected expenditures and incomes.

(c) (1) Based on the estimates submitted by the community colleges and estimates of funds required for additional institutions that may be created during the ensuing biennium, the board shall recommend to the General Assembly and the Governor its estimate of funds necessary to support existing community colleges and ones that may be established. (2) The amount of state revenues to be recommended for the general operation of each community college shall be the difference between the recommended budget and the total of income for general operation, including student fees and any other income except local taxes. The recommended budget for general operation shall be sufficient to provide an adequate comprehensive educational program which serves the needs of the state and the community college's service area as determined by the board.

(1) Based on the estimates submitted by the community colleges and estimates of funds required for additional institutions that may be created during the ensuing biennium, the board shall recommend to the General Assembly and the Governor its estimate of funds necessary to support existing community colleges and ones that may be established.

(2) The amount of state revenues to be recommended for the general operation of each community college shall be the difference between the recommended budget and the total of income for general operation, including student fees and any other income except local taxes. The recommended budget for general operation shall be sufficient to provide an adequate comprehensive educational program which serves the needs of the state and the community college's service area as determined by the board.

(d) Replacement of initial equipment shall be considered as an operating cost.

Acts 1977, No. 560, § 12; 1981, No. 29, § 1; A.S.A. 1947, § 80-4912.
Ark. Code Ann. § 6-59-107 — AR Code / Title 6 / Chapter 59 / Section 6-59-107
Effect of merger on curriculum
Status: in_force

(a) (1) Arkansas Northeastern College shall offer the option of: (A) Applied general education courses in occupational certificate programs now offered by Cotton Boll Technical Institute; and (B) Where appropriate to the program involved, programs offered by Mississippi County Community College as of March 27, 2003. (2) Students in the programs involved may also be offered the options of college transfer general education courses in addition to the option of applied general education courses. (b) Without regard to the higher average cost of occupational programs, all current Cotton Boll Technical Institute programs shall continue to be offered by Arkansas Northeastern College for as long as they meet industry or student needs. (c) All adult basic education, high school equivalency tests, and high school programs provided by Cotton Boll Technical Institute or Mississippi County Community College on March 27, 2003, shall continue at Arkansas Northeastern College. (d) Existing certificate programs now offered at Cotton Boll Technical Institute or certificate and degree programs now offered at Mississippi County Community College shall continue to be authorized for Arkansas Northeastern College until the Arkansas Higher Education Coordinating Board determines that the programs do not meet minimum standards of quality and cost-effectiveness. Amended by Act 2015, No. 1115,§ 12, eff. 7/22/2015. Acts 2003, No. 830, § 7.

(a) (1) Arkansas Northeastern College shall offer the option of: (A) Applied general education courses in occupational certificate programs now offered by Cotton Boll Technical Institute; and (B) Where appropriate to the program involved, programs offered by Mississippi County Community College as of March 27, 2003. (2) Students in the programs involved may also be offered the options of college transfer general education courses in addition to the option of applied general education courses.

(1) Arkansas Northeastern College shall offer the option of: (A) Applied general education courses in occupational certificate programs now offered by Cotton Boll Technical Institute; and (B) Where appropriate to the program involved, programs offered by Mississippi County Community College as of March 27, 2003.

(A) Applied general education courses in occupational certificate programs now offered by Cotton Boll Technical Institute; and

(B) Where appropriate to the program involved, programs offered by Mississippi County Community College as of March 27, 2003.

(2) Students in the programs involved may also be offered the options of college transfer general education courses in addition to the option of applied general education courses.

(b) Without regard to the higher average cost of occupational programs, all current Cotton Boll Technical Institute programs shall continue to be offered by Arkansas Northeastern College for as long as they meet industry or student needs.

(c) All adult basic education, high school equivalency tests, and high school programs provided by Cotton Boll Technical Institute or Mississippi County Community College on March 27, 2003, shall continue at Arkansas Northeastern College.

(d) Existing certificate programs now offered at Cotton Boll Technical Institute or certificate and degree programs now offered at Mississippi County Community College shall continue to be authorized for Arkansas Northeastern College until the Arkansas Higher Education Coordinating Board determines that the programs do not meet minimum standards of quality and cost-effectiveness.

Amended by Act 2015, No. 1115,§ 12, eff. 7/22/2015.

Acts 2003, No. 830, § 7.
Ark. Code Ann. § 6-60-1405 — AR Code / Title 6 / Chapter 60 / Subchapter 14 / Section 6-60-1405
Interim measures
Status: in_force

(a) (1) Nothing in this subchapter precludes an institution from providing at any time an individualized service to an accused student or an accusing student that is nondisciplinary, nonpunitive, reasonably available, and without fee or charge to the accused student or accusing student. (2) (A) An individualized service offered to an accused student or accusing student under subdivision (a)(1) of this section shall be designed to restore or preserve equal access to the institution's education programs or activities without unreasonably burdening the other party. (B) An individualized service offered to an accused student or accusing student under subdivision (a)(1) of this section may be designed to protect the safety of all involved parties or the institution's educational environment, which may include without limitation: (i) Counseling; (ii) Extensions of deadlines or other course-related adjustments; (iii) Campus escort services; (iv) Mutual restrictions on contact between the involved parties; (v) Modifications of class schedules or housing locations; (vi) Increased security and monitoring of certain areas of the institution's campus; and (vii) Other similar services. (b) (1) An institution may remove an accused student from the institution's programs or activities on an emergency basis if the institution: (A) Undertakes an individualized safety and risk analysis; (B) Determines that an immediate threat or the safety of a student or another individual arising from the allegations of misconduct justifies removal of the accused student; and (C) Provides the accused student with notice and an opportunity to challenge the decision immediately following his or her removal. (2) An institution that removes an accused student on an emergency basis under subdivision (b)(1) of this section shall: (A) Within twenty-four (24) hours of an institution removing an accused student on an emergency basis, provide written notice to the accused student that explains the institution's reasons for removing the accused student on an emergency basis; (B) (i) Within three (3) business days of the written notice required by subdivision (b)(2)(A) of this section, unless otherwise waived by the removed accused student, convene an interim hearing to determine whether there is substantial evidence that the removed accused student poses a risk to the health or safety of any student or other individual and that the emergency removal of the accused student is appropriate to mitigate that risk. (ii) (a) At an interim hearing, the removed accused student and the accusing student may be represented by an attorney or a non-attorney advocate who may fully participate to the same extent as in a final hearing to determine responsibility. (b) An accused student's waiver of his or her right to be represented by an attorney or a non-attorney advocate under subdivision (b)(2)(B)(ii) (a) of this section shall not constitute an admission of guilt or a waiver of additional rights under this subchapter. Added by Act 2023, No. 470,§ 2, eff. 8/1/2023.

(a) (1) Nothing in this subchapter precludes an institution from providing at any time an individualized service to an accused student or an accusing student that is nondisciplinary, nonpunitive, reasonably available, and without fee or charge to the accused student or accusing student. (2) (A) An individualized service offered to an accused student or accusing student under subdivision (a)(1) of this section shall be designed to restore or preserve equal access to the institution's education programs or activities without unreasonably burdening the other party. (B) An individualized service offered to an accused student or accusing student under subdivision (a)(1) of this section may be designed to protect the safety of all involved parties or the institution's educational environment, which may include without limitation: (i) Counseling; (ii) Extensions of deadlines or other course-related adjustments; (iii) Campus escort services; (iv) Mutual restrictions on contact between the involved parties; (v) Modifications of class schedules or housing locations; (vi) Increased security and monitoring of certain areas of the institution's campus; and (vii) Other similar services.

(1) Nothing in this subchapter precludes an institution from providing at any time an individualized service to an accused student or an accusing student that is nondisciplinary, nonpunitive, reasonably available, and without fee or charge to the accused student or accusing student.

(2) (A) An individualized service offered to an accused student or accusing student under subdivision (a)(1) of this section shall be designed to restore or preserve equal access to the institution's education programs or activities without unreasonably burdening the other party. (B) An individualized service offered to an accused student or accusing student under subdivision (a)(1) of this section may be designed to protect the safety of all involved parties or the institution's educational environment, which may include without limitation: (i) Counseling; (ii) Extensions of deadlines or other course-related adjustments; (iii) Campus escort services; (iv) Mutual restrictions on contact between the involved parties; (v) Modifications of class schedules or housing locations; (vi) Increased security and monitoring of certain areas of the institution's campus; and (vii) Other similar services.

(A) An individualized service offered to an accused student or accusing student under subdivision (a)(1) of this section shall be designed to restore or preserve equal access to the institution's education programs or activities without unreasonably burdening the other party.

(B) An individualized service offered to an accused student or accusing student under subdivision (a)(1) of this section may be designed to protect the safety of all involved parties or the institution's educational environment, which may include without limitation: (i) Counseling; (ii) Extensions of deadlines or other course-related adjustments; (iii) Campus escort services; (iv) Mutual restrictions on contact between the involved parties; (v) Modifications of class schedules or housing locations; (vi) Increased security and monitoring of certain areas of the institution's campus; and (vii) Other similar services.

(i) Counseling;

(ii) Extensions of deadlines or other course-related adjustments;

(iii) Campus escort services;

(iv) Mutual restrictions on contact between the involved parties;

(v) Modifications of class schedules or housing locations;

(vi) Increased security and monitoring of certain areas of the institution's campus; and

(vii) Other similar services.

(b) (1) An institution may remove an accused student from the institution's programs or activities on an emergency basis if the institution: (A) Undertakes an individualized safety and risk analysis; (B) Determines that an immediate threat or the safety of a student or another individual arising from the allegations of misconduct justifies removal of the accused student; and (C) Provides the accused student with notice and an opportunity to challenge the decision immediately following his or her removal. (2) An institution that removes an accused student on an emergency basis under subdivision (b)(1) of this section shall: (A) Within twenty-four (24) hours of an institution removing an accused student on an emergency basis, provide written notice to the accused student that explains the institution's reasons for removing the accused student on an emergency basis; (B) (i) Within three (3) business days of the written notice required by subdivision (b)(2)(A) of this section, unless otherwise waived by the removed accused student, convene an interim hearing to determine whether there is substantial evidence that the removed accused student poses a risk to the health or safety of any student or other individual and that the emergency removal of the accused student is appropriate to mitigate that risk. (ii) (a) At an interim hearing, the removed accused student and the accusing student may be represented by an attorney or a non-attorney advocate who may fully participate to the same extent as in a final hearing to determine responsibility. (b) An accused student's waiver of his or her right to be represented by an attorney or a non-attorney advocate under subdivision (b)(2)(B)(ii) (a) of this section shall not constitute an admission of guilt or a waiver of additional rights under this subchapter.

(1) An institution may remove an accused student from the institution's programs or activities on an emergency basis if the institution: (A) Undertakes an individualized safety and risk analysis; (B) Determines that an immediate threat or the safety of a student or another individual arising from the allegations of misconduct justifies removal of the accused student; and (C) Provides the accused student with notice and an opportunity to challenge the decision immediately following his or her removal.

(A) Undertakes an individualized safety and risk analysis;

(B) Determines that an immediate threat or the safety of a student or another individual arising from the allegations of misconduct justifies removal of the accused student; and

(C) Provides the accused student with notice and an opportunity to challenge the decision immediately following his or her removal.

(2) An institution that removes an accused student on an emergency basis under subdivision (b)(1) of this section shall: (A) Within twenty-four (24) hours of an institution removing an accused student on an emergency basis, provide written notice to the accused student that explains the institution's reasons for removing the accused student on an emergency basis; (B) (i) Within three (3) business days of the written notice required by subdivision (b)(2)(A) of this section, unless otherwise waived by the removed accused student, convene an interim hearing to determine whether there is substantial evidence that the removed accused student poses a risk to the health or safety of any student or other individual and that the emergency removal of the accused student is appropriate to mitigate that risk. (ii) (a) At an interim hearing, the removed accused student and the accusing student may be represented by an attorney or a non-attorney advocate who may fully participate to the same extent as in a final hearing to determine responsibility. (b) An accused student's waiver of his or her right to be represented by an attorney or a non-attorney advocate under subdivision (b)(2)(B)(ii) (a) of this section shall not constitute an admission of guilt or a waiver of additional rights under this subchapter.

(A) Within twenty-four (24) hours of an institution removing an accused student on an emergency basis, provide written notice to the accused student that explains the institution's reasons for removing the accused student on an emergency basis;

(B) (i) Within three (3) business days of the written notice required by subdivision (b)(2)(A) of this section, unless otherwise waived by the removed accused student, convene an interim hearing to determine whether there is substantial evidence that the removed accused student poses a risk to the health or safety of any student or other individual and that the emergency removal of the accused student is appropriate to mitigate that risk. (ii) (a) At an interim hearing, the removed accused student and the accusing student may be represented by an attorney or a non-attorney advocate who may fully participate to the same extent as in a final hearing to determine responsibility. (b) An accused student's waiver of his or her right to be represented by an attorney or a non-attorney advocate under subdivision (b)(2)(B)(ii) (a) of this section shall not constitute an admission of guilt or a waiver of additional rights under this subchapter.

(i) Within three (3) business days of the written notice required by subdivision (b)(2)(A) of this section, unless otherwise waived by the removed accused student, convene an interim hearing to determine whether there is substantial evidence that the removed accused student poses a risk to the health or safety of any student or other individual and that the emergency removal of the accused student is appropriate to mitigate that risk.

(ii) (a) At an interim hearing, the removed accused student and the accusing student may be represented by an attorney or a non-attorney advocate who may fully participate to the same extent as in a final hearing to determine responsibility. (b) An accused student's waiver of his or her right to be represented by an attorney or a non-attorney advocate under subdivision (b)(2)(B)(ii) (a) of this section shall not constitute an admission of guilt or a waiver of additional rights under this subchapter.

(a) At an interim hearing, the removed accused student and the accusing student may be represented by an attorney or a non-attorney advocate who may fully participate to the same extent as in a final hearing to determine responsibility.

(b) An accused student's waiver of his or her right to be represented by an attorney or a non-attorney advocate under subdivision (b)(2)(B)(ii) (a) of this section shall not constitute an admission of guilt or a waiver of additional rights under this subchapter.

Added by Act 2023, No. 470,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 6-18-1409 — AR Code / Title 6 / Chapter 18 / Subchapter 14 / Section 6-18-1409
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1155,§ 17, eff. 8/16/2013. Acts 2003 (2nd Ex. Sess.), No. 68, § 1.

Repealed by Act 2013, No. 1155,§ 17, eff. 8/16/2013.

Acts 2003 (2nd Ex. Sess.), No. 68, § 1.
Ark. Code Ann. § 6-23-1008 — AR Code / Title 6 / Chapter 23 / Subchapter 10 / Section 6-23-1008
Rules
Status: in_force

(a) The State Board of Education may adopt rules for adult education public charter schools, including without limitation rules that address: (1) Industry needs in the state; (2) Standardized secondary exit-level assessment instruments appropriate for assessing adult education charter school program participants who successfully complete high school curriculum requirements, including the level of satisfactory performance; (3) Reporting requirements for adult education charter schools; and (4) Eligibility requirements and procedures. (b) The state board shall adopt a rule establishing the minimum graduation requirements for an adult education charter school to issue a high school diploma that substantially meets or exceeds the basic graduation competencies in core subjects expected by the state board for public school students. Added by Act 2015, No. 1200,§ 2, eff. 7/22/2015.

(a) The State Board of Education may adopt rules for adult education public charter schools, including without limitation rules that address: (1) Industry needs in the state; (2) Standardized secondary exit-level assessment instruments appropriate for assessing adult education charter school program participants who successfully complete high school curriculum requirements, including the level of satisfactory performance; (3) Reporting requirements for adult education charter schools; and (4) Eligibility requirements and procedures.

(1) Industry needs in the state;

(2) Standardized secondary exit-level assessment instruments appropriate for assessing adult education charter school program participants who successfully complete high school curriculum requirements, including the level of satisfactory performance;

(3) Reporting requirements for adult education charter schools; and

(4) Eligibility requirements and procedures.

(b) The state board shall adopt a rule establishing the minimum graduation requirements for an adult education charter school to issue a high school diploma that substantially meets or exceeds the basic graduation competencies in core subjects expected by the state board for public school students.

Added by Act 2015, No. 1200,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 6-82-2401 — AR Code / Title 6 / Chapter 82 / Subchapter 24 / Section 6-82-2401
Definitions
Status: in_force

As used in this subchapter: (1) "Healthcare facility" means an office or institution providing: (A) Care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions; or (B) Nursing clinical hours to a nursing program; and (2) "Nursing program" means a nursing training or education program with its primary headquarters located in Arkansas that: (A) Prepares students as nurses; (B) Grants nursing diplomas; and (C) Is approved by the Arkansas State Board of Nursing. Added by Act 2023, No. 672,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Healthcare facility" means an office or institution providing: (A) Care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions; or (B) Nursing clinical hours to a nursing program; and

(A) Care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions; or

(B) Nursing clinical hours to a nursing program; and

(2) "Nursing program" means a nursing training or education program with its primary headquarters located in Arkansas that: (A) Prepares students as nurses; (B) Grants nursing diplomas; and (C) Is approved by the Arkansas State Board of Nursing.

(A) Prepares students as nurses;

(B) Grants nursing diplomas; and

(C) Is approved by the Arkansas State Board of Nursing.

Added by Act 2023, No. 672,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 6-13-1608 — AR Code / Title 6 / Chapter 13 / Subchapter 16 / Section 6-13-1608
Audit required
Status: in_force

(a) Arkansas Legislative Audit shall conduct a comprehensive financial review of all the school district's financial matters for any school that is involved in administrative consolidation or administrative annexation or is otherwise reorganized by the State Board of Education. (b) The comprehensive financial review shall begin no less than ten (10) days after the earliest of: (1) The filing of a petition for voluntary administrative consolidation or administrative annexation; or (2) The adoption of a motion by the state board to consolidate, annex, or otherwise reorganize a school district designated as being in academic or fiscal distress. (c) (1) By January 1 of each year, the Division of Elementary and Secondary Education shall: (A) Have authority to oversee all fiscal and accounting-related matters of all school districts 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; and (B) Require school districts 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 to have accurate records necessary to close all books within sixty (60) days after the end of the fiscal year. (2) No contract or other debt obligation incurred by a school district for which the division has oversight authority under this section shall be valid or enforceable against a resulting school district unless the contract or other debt obligation is preapproved in writing by the Commissioner of Elementary and Secondary Education or his or her designee. (d) Any school that is involved in an administrative consolidation or administrative annexation shall have an audit started within thirty (30) days of the completion of the closing of the books by the school district. (e) The division and Arkansas Legislative Audit shall jointly develop the scope and details of the comprehensive fiscal review consistent with the requirements of this section. (f) A school district may not incur debt without the prior written approval of the division if the school district is identified by the division as having 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. Amended by Act 2023, No. 461,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 461,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 1172, eff. 7/1/2019. Acts 2005, No. 1236, § 1; 2011, No. 989, § 11.

(a) Arkansas Legislative Audit shall conduct a comprehensive financial review of all the school district's financial matters for any school that is involved in administrative consolidation or administrative annexation or is otherwise reorganized by the State Board of Education.

(b) The comprehensive financial review shall begin no less than ten (10) days after the earliest of: (1) The filing of a petition for voluntary administrative consolidation or administrative annexation; or (2) The adoption of a motion by the state board to consolidate, annex, or otherwise reorganize a school district designated as being in academic or fiscal distress.

(1) The filing of a petition for voluntary administrative consolidation or administrative annexation; or

(2) The adoption of a motion by the state board to consolidate, annex, or otherwise reorganize a school district designated as being in academic or fiscal distress.

(c) (1) By January 1 of each year, the Division of Elementary and Secondary Education shall: (A) Have authority to oversee all fiscal and accounting-related matters of all school districts 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; and (B) Require school districts 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 to have accurate records necessary to close all books within sixty (60) days after the end of the fiscal year. (2) No contract or other debt obligation incurred by a school district for which the division has oversight authority under this section shall be valid or enforceable against a resulting school district unless the contract or other debt obligation is preapproved in writing by the Commissioner of Elementary and Secondary Education or his or her designee.

(1) By January 1 of each year, the Division of Elementary and Secondary Education shall: (A) Have authority to oversee all fiscal and accounting-related matters of all school districts 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; and (B) Require school districts 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 to have accurate records necessary to close all books within sixty (60) days after the end of the fiscal year.

(A) Have authority to oversee all fiscal and accounting-related matters of all school districts 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; and

(B) Require school districts 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 to have accurate records necessary to close all books within sixty (60) days after the end of the fiscal year.

(2) No contract or other debt obligation incurred by a school district for which the division has oversight authority under this section shall be valid or enforceable against a resulting school district unless the contract or other debt obligation is preapproved in writing by the Commissioner of Elementary and Secondary Education or his or her designee.

(d) Any school that is involved in an administrative consolidation or administrative annexation shall have an audit started within thirty (30) days of the completion of the closing of the books by the school district.

(e) The division and Arkansas Legislative Audit shall jointly develop the scope and details of the comprehensive fiscal review consistent with the requirements of this section.

(f) A school district may not incur debt without the prior written approval of the division if the school district is identified by the division as having 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.

Amended by Act 2023, No. 461,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 461,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 1172, eff. 7/1/2019.

Acts 2005, No. 1236, § 1; 2011, No. 989, § 11.
Ark. Code Ann. § 6-43-215 — AR Code / Title 6 / Chapter 43 / Subchapter 2 / Section 6-43-215
Expulsions
Status: in_force

The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf may expel from the Arkansas School for the Blind any pupil whose longer continuance in the school would be injurious to the school. Acts 1868, No. 50, § 24, p. 154; C. & M. Dig., § 9477; Pope's Dig., § 12880; A.S.A. 1947, § 80-2408.

The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf may expel from the Arkansas School for the Blind any pupil whose longer continuance in the school would be injurious to the school.

Acts 1868, No. 50, § 24, p. 154; C. & M. Dig., § 9477; Pope's Dig., § 12880; A.S.A. 1947, § 80-2408.
Ark. Code Ann. § 6-16-1901 — AR Code / Title 6 / Chapter 16 / Subchapter 19 / Section 6-16-1901
Community service diploma requirement
Status: in_force

(a) Beginning with the graduating class of 2026-2027, a public high school student shall complete a minimum of seventy-five (75) clock hours of documented community service in grades nine through twelve (9-12), as certified by the service agency or organization with which the public school student volunteers, in order to graduate. (b) The community service required under subsection (a) of this section shall: (1) Be in programs or activities, either in Arkansas or outside of Arkansas, that meet the requirements established by the State Board of Education and each public school district board of directors; and (2) Include preparation, action, and reflection components. (c) (1) Students transferring into a public school district after grade nine (9) or students graduating early may receive a diploma provided that the minimum requirement for each year they attend the public school district is met. (2) The minimum number of community service hours for each grade level shall be: (A) Fifteen (15) hours for students in grade nine (9); (B) Twenty (20) hours for students in grade ten (10); (C) Twenty (20) hours for students in grade eleven (11); and (D) Twenty (20) hours for students in grade twelve (12). Added by Act 2023, No. 237,§ 20, eff. 3/8/2023.

(a) Beginning with the graduating class of 2026-2027, a public high school student shall complete a minimum of seventy-five (75) clock hours of documented community service in grades nine through twelve (9-12), as certified by the service agency or organization with which the public school student volunteers, in order to graduate.

(b) The community service required under subsection (a) of this section shall: (1) Be in programs or activities, either in Arkansas or outside of Arkansas, that meet the requirements established by the State Board of Education and each public school district board of directors; and (2) Include preparation, action, and reflection components.

(1) Be in programs or activities, either in Arkansas or outside of Arkansas, that meet the requirements established by the State Board of Education and each public school district board of directors; and

(2) Include preparation, action, and reflection components.

(c) (1) Students transferring into a public school district after grade nine (9) or students graduating early may receive a diploma provided that the minimum requirement for each year they attend the public school district is met. (2) The minimum number of community service hours for each grade level shall be: (A) Fifteen (15) hours for students in grade nine (9); (B) Twenty (20) hours for students in grade ten (10); (C) Twenty (20) hours for students in grade eleven (11); and (D) Twenty (20) hours for students in grade twelve (12).

(1) Students transferring into a public school district after grade nine (9) or students graduating early may receive a diploma provided that the minimum requirement for each year they attend the public school district is met.

(2) The minimum number of community service hours for each grade level shall be: (A) Fifteen (15) hours for students in grade nine (9); (B) Twenty (20) hours for students in grade ten (10); (C) Twenty (20) hours for students in grade eleven (11); and (D) Twenty (20) hours for students in grade twelve (12).

(A) Fifteen (15) hours for students in grade nine (9);

(B) Twenty (20) hours for students in grade ten (10);

(C) Twenty (20) hours for students in grade eleven (11); and

(D) Twenty (20) hours for students in grade twelve (12).

Added by Act 2023, No. 237,§ 20, eff. 3/8/2023.
Ark. Code Ann. § 6-61-1703 — AR Code / Title 6 / Chapter 61 / Subchapter 17 / Section 6-61-1703
Higher Education Consumer Guide
Status: in_force

(a) (1) The Arkansas Higher Education Coordinating Board shall create a Higher Education Consumer Guide that is designed for use by prospective students and parents and legal guardians of prospective students at a state-supported institution of higher education. (2) The Higher Education Consumer Guide created by the board under subdivision (a)(1) of this section shall be provided to each state-supported institution of higher education for use in the prospective student application process at each state-supported institution of higher education. (b) The Higher Education Consumer Guide created by the board under subdivision (a)(1) of this section shall identify the: (1) Institutional grouping to which each state-supported institution of higher education is assigned under the board's accountability system; and (2) Peer institutions of higher education associated with each state-supported institution of higher education. (c) (1) The Higher Education Consumer Guide created by the board under subdivision (a)(1) of this section shall include the following information without limitation as it relates to the most recent state fiscal year for which the information is available: (A) Retention and graduation rates; (B) The cost of tuition; (C) The average amount borrowed and loan default rate; (D) Percentage of students who applied for first-time undergraduate admission and were offered admission to each state-supported institution of higher education that is not determined to be an open admission institution; (E) Average composite test scores of students enrolled in each state-supported institution of higher education; (F) Job placement of students within the first three (3) years of graduation; (G) Income of college alumni over the first twenty (20) years after completion of their credential; (H) Percentage of students enrolled at each state-supported institution of higher education from the top ten percent (10%) of a public high school class located in Arkansas; and (I) Average number of semesters for completion of an associate's or bachelor's credential at the institution. (2) Information provided under subdivision (c)(1) of this section shall be compiled using data from the following sources without limitation: (A) The Division of Higher Education; (B) The Integrated Postsecondary Education Data System, published by the National Center for Education Statistics; (C) The College Scorecard; (D) The Arkansas Economic Security Report; and (E) The Arkansas Statewide Longitudinal Data System and interstate compacts for the sharing of employment data when reasonably available upon the establishment of the Arkansas Statewide Longitudinal Data System. (3) Information provided under subdivision (c)(1) of this section shall be compared with the same information that is available for the state fiscal year preceding: (A) The most recent state fiscal year; and (B) The reports for the most recent five (5) years. (d) A prospective student shall verify that he or she has been provided the Higher Education Consumer Guide before completing an application to a state-supported institution of higher education. (e) The Higher Education Consumer Guide required by this section shall be made publicly available on the: (1) Board's website; and (2) Website of each state-supported institution of higher education. (f) The division shall promulgate rules to implement this subchapter. Amended by Act 2023, No. 109,§ 4, eff. 8/1/2023. Added by Act 2021, No. 539,§ 1, eff. 7/28/2021.

(a) (1) The Arkansas Higher Education Coordinating Board shall create a Higher Education Consumer Guide that is designed for use by prospective students and parents and legal guardians of prospective students at a state-supported institution of higher education. (2) The Higher Education Consumer Guide created by the board under subdivision (a)(1) of this section shall be provided to each state-supported institution of higher education for use in the prospective student application process at each state-supported institution of higher education.

(1) The Arkansas Higher Education Coordinating Board shall create a Higher Education Consumer Guide that is designed for use by prospective students and parents and legal guardians of prospective students at a state-supported institution of higher education.

(2) The Higher Education Consumer Guide created by the board under subdivision (a)(1) of this section shall be provided to each state-supported institution of higher education for use in the prospective student application process at each state-supported institution of higher education.

(b) The Higher Education Consumer Guide created by the board under subdivision (a)(1) of this section shall identify the: (1) Institutional grouping to which each state-supported institution of higher education is assigned under the board's accountability system; and (2) Peer institutions of higher education associated with each state-supported institution of higher education.

(1) Institutional grouping to which each state-supported institution of higher education is assigned under the board's accountability system; and

(2) Peer institutions of higher education associated with each state-supported institution of higher education.

(c) (1) The Higher Education Consumer Guide created by the board under subdivision (a)(1) of this section shall include the following information without limitation as it relates to the most recent state fiscal year for which the information is available: (A) Retention and graduation rates; (B) The cost of tuition; (C) The average amount borrowed and loan default rate; (D) Percentage of students who applied for first-time undergraduate admission and were offered admission to each state-supported institution of higher education that is not determined to be an open admission institution; (E) Average composite test scores of students enrolled in each state-supported institution of higher education; (F) Job placement of students within the first three (3) years of graduation; (G) Income of college alumni over the first twenty (20) years after completion of their credential; (H) Percentage of students enrolled at each state-supported institution of higher education from the top ten percent (10%) of a public high school class located in Arkansas; and (I) Average number of semesters for completion of an associate's or bachelor's credential at the institution. (2) Information provided under subdivision (c)(1) of this section shall be compiled using data from the following sources without limitation: (A) The Division of Higher Education; (B) The Integrated Postsecondary Education Data System, published by the National Center for Education Statistics; (C) The College Scorecard; (D) The Arkansas Economic Security Report; and (E) The Arkansas Statewide Longitudinal Data System and interstate compacts for the sharing of employment data when reasonably available upon the establishment of the Arkansas Statewide Longitudinal Data System. (3) Information provided under subdivision (c)(1) of this section shall be compared with the same information that is available for the state fiscal year preceding: (A) The most recent state fiscal year; and (B) The reports for the most recent five (5) years.

(1) The Higher Education Consumer Guide created by the board under subdivision (a)(1) of this section shall include the following information without limitation as it relates to the most recent state fiscal year for which the information is available: (A) Retention and graduation rates; (B) The cost of tuition; (C) The average amount borrowed and loan default rate; (D) Percentage of students who applied for first-time undergraduate admission and were offered admission to each state-supported institution of higher education that is not determined to be an open admission institution; (E) Average composite test scores of students enrolled in each state-supported institution of higher education; (F) Job placement of students within the first three (3) years of graduation; (G) Income of college alumni over the first twenty (20) years after completion of their credential; (H) Percentage of students enrolled at each state-supported institution of higher education from the top ten percent (10%) of a public high school class located in Arkansas; and (I) Average number of semesters for completion of an associate's or bachelor's credential at the institution.

(A) Retention and graduation rates;

(B) The cost of tuition;

(C) The average amount borrowed and loan default rate;

(D) Percentage of students who applied for first-time undergraduate admission and were offered admission to each state-supported institution of higher education that is not determined to be an open admission institution;

(E) Average composite test scores of students enrolled in each state-supported institution of higher education;

(F) Job placement of students within the first three (3) years of graduation;

(G) Income of college alumni over the first twenty (20) years after completion of their credential;

(H) Percentage of students enrolled at each state-supported institution of higher education from the top ten percent (10%) of a public high school class located in Arkansas; and

(I) Average number of semesters for completion of an associate's or bachelor's credential at the institution.

(2) Information provided under subdivision (c)(1) of this section shall be compiled using data from the following sources without limitation: (A) The Division of Higher Education; (B) The Integrated Postsecondary Education Data System, published by the National Center for Education Statistics; (C) The College Scorecard; (D) The Arkansas Economic Security Report; and (E) The Arkansas Statewide Longitudinal Data System and interstate compacts for the sharing of employment data when reasonably available upon the establishment of the Arkansas Statewide Longitudinal Data System.

(A) The Division of Higher Education;

(B) The Integrated Postsecondary Education Data System, published by the National Center for Education Statistics;

(C) The College Scorecard;

(D) The Arkansas Economic Security Report; and

(E) The Arkansas Statewide Longitudinal Data System and interstate compacts for the sharing of employment data when reasonably available upon the establishment of the Arkansas Statewide Longitudinal Data System.

(3) Information provided under subdivision (c)(1) of this section shall be compared with the same information that is available for the state fiscal year preceding: (A) The most recent state fiscal year; and (B) The reports for the most recent five (5) years.

(A) The most recent state fiscal year; and

(B) The reports for the most recent five (5) years.

(d) A prospective student shall verify that he or she has been provided the Higher Education Consumer Guide before completing an application to a state-supported institution of higher education.

(e) The Higher Education Consumer Guide required by this section shall be made publicly available on the: (1) Board's website; and (2) Website of each state-supported institution of higher education.

(1) Board's website; and

(2) Website of each state-supported institution of higher education.

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

Amended by Act 2023, No. 109,§ 4, eff. 8/1/2023.

Added by Act 2021, No. 539,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 6-60-802 — AR Code / Title 6 / Chapter 60 / Subchapter 8 / Section 6-60-802
Findings
Status: in_force

The General Assembly finds that: (1) Scientific research data have shown that nonsmokers often receive damage to their health from the smoking of tobacco by others; (2) Smoking, directly or indirectly, is a major cause of preventable diseases and death; (3) Secondhand smoke can cause or contribute to lung cancer, heart disease, chronic lung ailments, and low birth-weight; and (4) A law that prohibits smoking on state-supported institutions of higher education campuses will reduce secondhand smoke exposure among nonsmokers. Acts 2009, No. 734, § 1.

The General Assembly finds that:

(1) Scientific research data have shown that nonsmokers often receive damage to their health from the smoking of tobacco by others;

(2) Smoking, directly or indirectly, is a major cause of preventable diseases and death;

(3) Secondhand smoke can cause or contribute to lung cancer, heart disease, chronic lung ailments, and low birth-weight; and

(4) A law that prohibits smoking on state-supported institutions of higher education campuses will reduce secondhand smoke exposure among nonsmokers.

Acts 2009, No. 734, § 1.
Ark. Code Ann. § 6-80-104 — AR Code / Title 6 / Chapter 80 / Section 6-80-104
Selective Service registration - Definition
Status: in_force

(a) "Statement of selective service status" means a statement on an application for employment with the State of Arkansas or for admission to any public institution of higher education, sworn under penalty of perjury, that: (1) The person filing the certificate is registered with the United States Selective Service System in accordance with the Military Selective Service Act, 50 U.S.C. § 3801 et seq.; or (2) The person filing the certificate is not required to register with the United States Selective Service System because the person is: (A) Under eighteen (18) years of age; (B) In the United States Armed Forces on active duty, other than in a reserve or national guard unit; (C) An alien lawfully admitted to the United States as a non-immigrant under Section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. § 1101 , for so long as he or she continues to maintain a lawful non-immigrant status in the United States; (D) A permanent resident of the trust territory of the Pacific Islands or the Northern Mariana Islands; or (E) Excused from registration for other reason provided by federal law and that reason is included in the certificate. (b) No person who is required to register with the United States Selective Service System shall be eligible for employment by any agency of the State of Arkansas or for admission to any public institution of higher education unless the person has signed a statement of selective service status. Acts 1997, No. 228, § 1.

(a) "Statement of selective service status" means a statement on an application for employment with the State of Arkansas or for admission to any public institution of higher education, sworn under penalty of perjury, that: (1) The person filing the certificate is registered with the United States Selective Service System in accordance with the Military Selective Service Act, 50 U.S.C. § 3801 et seq.; or (2) The person filing the certificate is not required to register with the United States Selective Service System because the person is: (A) Under eighteen (18) years of age; (B) In the United States Armed Forces on active duty, other than in a reserve or national guard unit; (C) An alien lawfully admitted to the United States as a non-immigrant under Section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. § 1101 , for so long as he or she continues to maintain a lawful non-immigrant status in the United States; (D) A permanent resident of the trust territory of the Pacific Islands or the Northern Mariana Islands; or (E) Excused from registration for other reason provided by federal law and that reason is included in the certificate.

(1) The person filing the certificate is registered with the United States Selective Service System in accordance with the Military Selective Service Act, 50 U.S.C. § 3801 et seq.; or

(2) The person filing the certificate is not required to register with the United States Selective Service System because the person is: (A) Under eighteen (18) years of age; (B) In the United States Armed Forces on active duty, other than in a reserve or national guard unit; (C) An alien lawfully admitted to the United States as a non-immigrant under Section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. § 1101 , for so long as he or she continues to maintain a lawful non-immigrant status in the United States; (D) A permanent resident of the trust territory of the Pacific Islands or the Northern Mariana Islands; or (E) Excused from registration for other reason provided by federal law and that reason is included in the certificate.

(A) Under eighteen (18) years of age;

(B) In the United States Armed Forces on active duty, other than in a reserve or national guard unit;

(C) An alien lawfully admitted to the United States as a non-immigrant under Section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. § 1101 , for so long as he or she continues to maintain a lawful non-immigrant status in the United States;

(D) A permanent resident of the trust territory of the Pacific Islands or the Northern Mariana Islands; or

(E) Excused from registration for other reason provided by federal law and that reason is included in the certificate.

(b) No person who is required to register with the United States Selective Service System shall be eligible for employment by any agency of the State of Arkansas or for admission to any public institution of higher education unless the person has signed a statement of selective service status.

Acts 1997, No. 228, § 1.
Ark. Code Ann. § 6-71-124 — AR Code / Title 6 / Chapter 71 / Section 6-71-124
Constructive service
Status: in_force

(a) If the sheriff or other officer to whom the writ may be directed shall return that the defendant is not to be found in his or her county, or if the owner is stated in the complaint to be unknown, service shall be made by affixing a copy of the summons to the property assessed or to some part thereof, for fifteen (15) days and by publishing a copy of the summons in some daily paper published in the county for one (1) insertion, and the cause shall be made ready for hearing within fifteen (15) days after such publication. A decree shall be rendered as in case of actual service. (b) The publication shall be made by the officer having the writ of service and shall be shown by his or her return. Acts 1949, No. 260, §§ 21, 23; A.S.A. 1947, §§ 80-3623, 80-3625.

(a) If the sheriff or other officer to whom the writ may be directed shall return that the defendant is not to be found in his or her county, or if the owner is stated in the complaint to be unknown, service shall be made by affixing a copy of the summons to the property assessed or to some part thereof, for fifteen (15) days and by publishing a copy of the summons in some daily paper published in the county for one (1) insertion, and the cause shall be made ready for hearing within fifteen (15) days after such publication. A decree shall be rendered as in case of actual service.

(b) The publication shall be made by the officer having the writ of service and shall be shown by his or her return.

Acts 1949, No. 260, §§ 21, 23; A.S.A. 1947, §§ 80-3623, 80-3625.
Ark. Code Ann. § 6-18-2510 — AR Code / Title 6 / Chapter 18 / Subchapter 25 / Section 6-18-2510
Reports
Status: in_force

(a) (1) Not later than September 30 of each year, the Department of Education shall submit a written report regarding the implementation of the Arkansas Children's Educational Freedom Account Program to the: (A) Legislative Council, or if the General Assembly is in session, the Joint Budget Committee; (B) House Committee on Education; and (C) Senate Committee on Education. (2) The department may contract with an outside entity to compile the report required under subdivision (a)(1) of this section. (b) The report required under subdivision (a)(1) of this section shall include the following information without limitation: (1) The total number of students currently participating in the program; (2) A list of all participating schools and participating service providers; (3) The total student enrollment of each participating school and the percentage of the total enrollment of each school represented by participating students; (4) Aggregated test result data for participating students, from the most recent year available; (5) The percentage of funds used for each type of qualifying expense; (6) An analysis of the program's fiscal impact; (7) The retention rates for participating students enrolled in participating schools; (8) The results of a parental satisfaction survey that shall be administered by the department; and (9) Other relevant data as determined by the department. Added by Act 2023, No. 237,§ 42, eff. 3/8/2023.

(a) (1) Not later than September 30 of each year, the Department of Education shall submit a written report regarding the implementation of the Arkansas Children's Educational Freedom Account Program to the: (A) Legislative Council, or if the General Assembly is in session, the Joint Budget Committee; (B) House Committee on Education; and (C) Senate Committee on Education. (2) The department may contract with an outside entity to compile the report required under subdivision (a)(1) of this section.

(1) Not later than September 30 of each year, the Department of Education shall submit a written report regarding the implementation of the Arkansas Children's Educational Freedom Account Program to the: (A) Legislative Council, or if the General Assembly is in session, the Joint Budget Committee; (B) House Committee on Education; and (C) Senate Committee on Education.

(A) Legislative Council, or if the General Assembly is in session, the Joint Budget Committee;

(B) House Committee on Education; and

(C) Senate Committee on Education.

(2) The department may contract with an outside entity to compile the report required under subdivision (a)(1) of this section.

(b) The report required under subdivision (a)(1) of this section shall include the following information without limitation: (1) The total number of students currently participating in the program; (2) A list of all participating schools and participating service providers; (3) The total student enrollment of each participating school and the percentage of the total enrollment of each school represented by participating students; (4) Aggregated test result data for participating students, from the most recent year available; (5) The percentage of funds used for each type of qualifying expense; (6) An analysis of the program's fiscal impact; (7) The retention rates for participating students enrolled in participating schools; (8) The results of a parental satisfaction survey that shall be administered by the department; and (9) Other relevant data as determined by the department.

(1) The total number of students currently participating in the program;

(2) A list of all participating schools and participating service providers;

(3) The total student enrollment of each participating school and the percentage of the total enrollment of each school represented by participating students;

(4) Aggregated test result data for participating students, from the most recent year available;

(5) The percentage of funds used for each type of qualifying expense;

(6) An analysis of the program's fiscal impact;

(7) The retention rates for participating students enrolled in participating schools;

(8) The results of a parental satisfaction survey that shall be administered by the department; and

(9) Other relevant data as determined by the department.

Added by Act 2023, No. 237,§ 42, eff. 3/8/2023.
Ark. Code Ann. § 6-20-2502 — AR Code / Title 6 / Chapter 20 / Subchapter 25 / Section 6-20-2502
Definitions
Status: in_force

As used in this subchapter: (1) (A) For fiscal years 2024-2025 and each year thereafter, "academic facilities wealth index" means a percentage derived from the following computations: (i) Determine the value of one (1) mill per student in each school district as follows: (a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from subdivision (1)(A)(i) (a) of this section by the largest average daily membership of the school district over the previous decade; (ii) (a) Calculate each school district's relative median income by dividing the household median income for the area served by each school district by the household median income of the school district with the highest household median income. (b) The household median income used in subdivision (1)(A)(ii) (a) of this section shall be the household median income as estimated by the United States Bureau of the Census's American Community Survey; (iii) Calculate the median income per mill value by multiplying each school district's value of one (1) mill per student as calculated under subdivision (1)(A)(i) of this section by the school district's relative median income as calculated under subdivision (1)(A)(ii) (a) of this section; and (iv) Identify the school district at the ninety-fifth percentage according to the value calculated under subdivision (1)(A)(iii) of this section by: (a) Determining student millage rankings by listing the median income per mill value under subdivision (1)(A)(iii) of this section for each school district from districts with the lowest median income per mill value to school districts with the highest median income per mill value; (b) Allocating the student millage rankings into percentages by calculating a cumulative total of the prior year average daily membership for each school district based on the order established in subdivision (1)(A)(iv) (a) of this section and establishing each school district's resulting percentage of this cumulative total; (c) Dividing the median income per mill value as computed under subdivision (1)(A)(iii) of this section by the amount corresponding to the ninety-fifth percentile of the student millage rankings under subdivision (1)(A)(iv) (b) of this section; and (d) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(A)(iv) (d) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995). (B) For fiscal years 2022-2023, "academic facilities wealth index" means a percentage derived from the following computations: (i) Determine the value of one (1) mill per student in each school district as follows: (a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from subdivision (1)(B)(i) (a) of this section by the prior year average daily membership of the school district or the prior three-year average of the school district's average daily membership, whichever is greater; (ii) Determine student millage rankings by listing the computation under subdivision (1)(B)(i) of this section for each school district from school districts with the lowest value per mill to school districts with the highest value per mill; (iii) Allocate the student millage rankings into percentages by calculating a cumulative total of the greater of either the prior year average daily membership or the prior three-year average of the school district's average daily membership based on the order established in subdivision (1)(B)(ii) of this section, and establishing each school district's resulting percentage of this cumulative total; (iv) Divide the value of one (1) mill per student in each school district as computed under subdivision (1)(B)(i) of this section by the amount corresponding to the ninety-fifth percentage of the student millage rankings under subdivision (1)(B)(iii) of this section; (v) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(B)(v) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995); (vi) Subtract the academic facilities wealth index as determined under subdivisions (1)(B)(iv) and (v) of this section from the academic facilities wealth index as determined under subdivision (1)(A)(iv) of this section; (vii) Divide the result from subdivision (1)(B)(vi) of this section by two (2); and (viii) Add the value from subdivision (1)(B)(iv) of this section with the number calculated in subdivision (1)(B)(vii) of this section. (C) (i) The percentage derived from the computation under subdivision (1)(A)(iv) of this section is the academic facilities wealth index for a school district, which shall be computed annually and used to determine the amount of the school district's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the Division of Public School Academic Facilities and Transportation. (ii) The state's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the division is the percentage derived from subtracting the school district's percentage share of financial participation determined under subdivision (1)(C)(i) of this section from one hundred percent (100%). (D) A school district identified as a high-growth school district as defined in § 6-20-2511 shall receive the lesser of the wealth index as calculated under the formulas under subdivisions (1)(A) and (B) of this section until the school district fails to meet the definition of a high-growth school district as defined in § 6-20-2511 for two (2) consecutive years; (2) (A) "Academic facility" means a building or space, including related areas such as the physical plant and grounds, where students receive instruction that is an integral part of an adequate education as described in § 6-20-2302 . (B) (i) A public school building or space, including related areas such as the physical plant and grounds, used for an extracurricular activity or an organized physical activity course as defined in § 6-16-137 shall not be considered an academic facility for the purposes of this subchapter to the extent that the building, space, or related area is used for extracurricular activities or organized physical activities courses, except for physical educational training and instruction under § 6-16-132 . (ii) The division shall determine the extent to which a building, space, or related area is used for extracurricular activities or organized physical activities courses based on information supplied by the school district and, if necessary, on-site inspection. (iii) A leased facility shall not be considered an academic facility for the purpose of this subchapter. (C) Buildings or spaces, including related areas such as the physical plant and grounds, used for prekindergarten education shall not be considered academic facilities for purposes of this subchapter. (D) District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities for the purposes of this subchapter; (3) (A) "Average daily membership" means the same as defined at § 6-20-2303(3) . (B) As applied to this subchapter, students who may be counted for average daily membership are: (i) Students who reside within the boundaries of the school district and who are enrolled in a public school operated by the school district; (ii) Legally transferred students living outside the school district but attending a public school in the school district; and (iii) Students who are eligible to attend and reside within the boundaries of a school district and who are enrolled in the Arkansas National Guard Youth Challenge Program, so long as the students are participants in the program; (4) "Building" means a structure used or intended for supporting or sheltering any use or occupancy; (5) "Facility condition index" means a methodology established by the division for comparing the cost of repairing the condition of a public school academic facility to the cost of replacing the public school academic facility with a public school academic facility containing the same amount of square footage; (6) "Immediate repair project" means a project involving a public school academic facility that is necessary to resolve a deficiency that presents an immediate hazard to: (A) The health or safety of students, teachers, administrators, or staff; (B) The integrity of the public school academic facility with regard to meeting minimum health and safety standards; or (C) The extraordinary deterioration of the public school academic facility; (7) "Local enhancements" means the portion of any maintenance, repair, or renovation project or new construction project that is designed to bring an academic facility or related areas such as the physical plant or grounds to a state of condition or efficiency that exceeds state academic facilities standards; (8) "Local resources" means any moneys lawfully generated by a school district for the purpose of funding the school district's share of financial participation in any academic facilities project for which a school district is eligible to receive state financial participation under priorities established by the division; (9) "Maintenance, repair, and renovation" means any activity or improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that maintains, conserves, or protects the state of condition or efficiency of the academic facility; (10) "Millage rate" means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904 ; (11) (A) "New construction" means any improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that brings the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the academic facility's current condition of completeness or efficiency. (B) "New construction" includes additions to existing academic facilities and new academic facilities; (12) "Project" means an undertaking in which a school district engages in: (A) Maintenance, repair, and renovation activities with regard to an academic facility; (B) New construction of an academic facility; or (C) Any combination of maintenance, repair, and renovation and new construction activities with regard to an academic facility; and (13) "Space utilization" means the number of gross square feet per student in a public school academic facility adjusted for academic program, school enrollment, grade configuration, and type of public school in accordance with rules promulgated by the Commission for Arkansas Public School Academic Facilities and Transportation. Amended by Act 2023, No. 793,§ 16, eff. 8/1/2023. Amended by Act 2023, No. 793,§ 15, eff. 8/1/2023. Amended by Act 2023, No. 793,§ 14, eff. 8/1/2023. Amended by Act 2023, No. 793,§ 13, eff. 8/1/2023. Amended by Act 2019, No. 1080,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 935,§ 3, eff. 8/1/2017. Acts 2005, No. 2206, § 1; 2007, No. 727, § 1; 2009, No. 1473, § 9; 2011, No. 1006, §§ 6, 7.

As used in this subchapter:

(1) (A) For fiscal years 2024-2025 and each year thereafter, "academic facilities wealth index" means a percentage derived from the following computations: (i) Determine the value of one (1) mill per student in each school district as follows: (a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from subdivision (1)(A)(i) (a) of this section by the largest average daily membership of the school district over the previous decade; (ii) (a) Calculate each school district's relative median income by dividing the household median income for the area served by each school district by the household median income of the school district with the highest household median income. (b) The household median income used in subdivision (1)(A)(ii) (a) of this section shall be the household median income as estimated by the United States Bureau of the Census's American Community Survey; (iii) Calculate the median income per mill value by multiplying each school district's value of one (1) mill per student as calculated under subdivision (1)(A)(i) of this section by the school district's relative median income as calculated under subdivision (1)(A)(ii) (a) of this section; and (iv) Identify the school district at the ninety-fifth percentage according to the value calculated under subdivision (1)(A)(iii) of this section by: (a) Determining student millage rankings by listing the median income per mill value under subdivision (1)(A)(iii) of this section for each school district from districts with the lowest median income per mill value to school districts with the highest median income per mill value; (b) Allocating the student millage rankings into percentages by calculating a cumulative total of the prior year average daily membership for each school district based on the order established in subdivision (1)(A)(iv) (a) of this section and establishing each school district's resulting percentage of this cumulative total; (c) Dividing the median income per mill value as computed under subdivision (1)(A)(iii) of this section by the amount corresponding to the ninety-fifth percentile of the student millage rankings under subdivision (1)(A)(iv) (b) of this section; and (d) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(A)(iv) (d) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995). (B) For fiscal years 2022-2023, "academic facilities wealth index" means a percentage derived from the following computations: (i) Determine the value of one (1) mill per student in each school district as follows: (a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from subdivision (1)(B)(i) (a) of this section by the prior year average daily membership of the school district or the prior three-year average of the school district's average daily membership, whichever is greater; (ii) Determine student millage rankings by listing the computation under subdivision (1)(B)(i) of this section for each school district from school districts with the lowest value per mill to school districts with the highest value per mill; (iii) Allocate the student millage rankings into percentages by calculating a cumulative total of the greater of either the prior year average daily membership or the prior three-year average of the school district's average daily membership based on the order established in subdivision (1)(B)(ii) of this section, and establishing each school district's resulting percentage of this cumulative total; (iv) Divide the value of one (1) mill per student in each school district as computed under subdivision (1)(B)(i) of this section by the amount corresponding to the ninety-fifth percentage of the student millage rankings under subdivision (1)(B)(iii) of this section; (v) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(B)(v) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995); (vi) Subtract the academic facilities wealth index as determined under subdivisions (1)(B)(iv) and (v) of this section from the academic facilities wealth index as determined under subdivision (1)(A)(iv) of this section; (vii) Divide the result from subdivision (1)(B)(vi) of this section by two (2); and (viii) Add the value from subdivision (1)(B)(iv) of this section with the number calculated in subdivision (1)(B)(vii) of this section. (C) (i) The percentage derived from the computation under subdivision (1)(A)(iv) of this section is the academic facilities wealth index for a school district, which shall be computed annually and used to determine the amount of the school district's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the Division of Public School Academic Facilities and Transportation. (ii) The state's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the division is the percentage derived from subtracting the school district's percentage share of financial participation determined under subdivision (1)(C)(i) of this section from one hundred percent (100%). (D) A school district identified as a high-growth school district as defined in § 6-20-2511 shall receive the lesser of the wealth index as calculated under the formulas under subdivisions (1)(A) and (B) of this section until the school district fails to meet the definition of a high-growth school district as defined in § 6-20-2511 for two (2) consecutive years;

(A) For fiscal years 2024-2025 and each year thereafter, "academic facilities wealth index" means a percentage derived from the following computations: (i) Determine the value of one (1) mill per student in each school district as follows: (a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from subdivision (1)(A)(i) (a) of this section by the largest average daily membership of the school district over the previous decade; (ii) (a) Calculate each school district's relative median income by dividing the household median income for the area served by each school district by the household median income of the school district with the highest household median income. (b) The household median income used in subdivision (1)(A)(ii) (a) of this section shall be the household median income as estimated by the United States Bureau of the Census's American Community Survey; (iii) Calculate the median income per mill value by multiplying each school district's value of one (1) mill per student as calculated under subdivision (1)(A)(i) of this section by the school district's relative median income as calculated under subdivision (1)(A)(ii) (a) of this section; and (iv) Identify the school district at the ninety-fifth percentage according to the value calculated under subdivision (1)(A)(iii) of this section by: (a) Determining student millage rankings by listing the median income per mill value under subdivision (1)(A)(iii) of this section for each school district from districts with the lowest median income per mill value to school districts with the highest median income per mill value; (b) Allocating the student millage rankings into percentages by calculating a cumulative total of the prior year average daily membership for each school district based on the order established in subdivision (1)(A)(iv) (a) of this section and establishing each school district's resulting percentage of this cumulative total; (c) Dividing the median income per mill value as computed under subdivision (1)(A)(iii) of this section by the amount corresponding to the ninety-fifth percentile of the student millage rankings under subdivision (1)(A)(iv) (b) of this section; and (d) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(A)(iv) (d) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995).

(i) Determine the value of one (1) mill per student in each school district as follows: (a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from subdivision (1)(A)(i) (a) of this section by the largest average daily membership of the school district over the previous decade;

(a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and

(b) Divide the product from subdivision (1)(A)(i) (a) of this section by the largest average daily membership of the school district over the previous decade;

(ii) (a) Calculate each school district's relative median income by dividing the household median income for the area served by each school district by the household median income of the school district with the highest household median income. (b) The household median income used in subdivision (1)(A)(ii) (a) of this section shall be the household median income as estimated by the United States Bureau of the Census's American Community Survey;

(a) Calculate each school district's relative median income by dividing the household median income for the area served by each school district by the household median income of the school district with the highest household median income.

(b) The household median income used in subdivision (1)(A)(ii) (a) of this section shall be the household median income as estimated by the United States Bureau of the Census's American Community Survey;

(iii) Calculate the median income per mill value by multiplying each school district's value of one (1) mill per student as calculated under subdivision (1)(A)(i) of this section by the school district's relative median income as calculated under subdivision (1)(A)(ii) (a) of this section; and

(iv) Identify the school district at the ninety-fifth percentage according to the value calculated under subdivision (1)(A)(iii) of this section by: (a) Determining student millage rankings by listing the median income per mill value under subdivision (1)(A)(iii) of this section for each school district from districts with the lowest median income per mill value to school districts with the highest median income per mill value; (b) Allocating the student millage rankings into percentages by calculating a cumulative total of the prior year average daily membership for each school district based on the order established in subdivision (1)(A)(iv) (a) of this section and establishing each school district's resulting percentage of this cumulative total; (c) Dividing the median income per mill value as computed under subdivision (1)(A)(iii) of this section by the amount corresponding to the ninety-fifth percentile of the student millage rankings under subdivision (1)(A)(iv) (b) of this section; and (d) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(A)(iv) (d) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995).

(a) Determining student millage rankings by listing the median income per mill value under subdivision (1)(A)(iii) of this section for each school district from districts with the lowest median income per mill value to school districts with the highest median income per mill value;

(b) Allocating the student millage rankings into percentages by calculating a cumulative total of the prior year average daily membership for each school district based on the order established in subdivision (1)(A)(iv) (a) of this section and establishing each school district's resulting percentage of this cumulative total;

(c) Dividing the median income per mill value as computed under subdivision (1)(A)(iii) of this section by the amount corresponding to the ninety-fifth percentile of the student millage rankings under subdivision (1)(A)(iv) (b) of this section; and

(d) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(A)(iv) (d) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995).

(B) For fiscal years 2022-2023, "academic facilities wealth index" means a percentage derived from the following computations: (i) Determine the value of one (1) mill per student in each school district as follows: (a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from subdivision (1)(B)(i) (a) of this section by the prior year average daily membership of the school district or the prior three-year average of the school district's average daily membership, whichever is greater; (ii) Determine student millage rankings by listing the computation under subdivision (1)(B)(i) of this section for each school district from school districts with the lowest value per mill to school districts with the highest value per mill; (iii) Allocate the student millage rankings into percentages by calculating a cumulative total of the greater of either the prior year average daily membership or the prior three-year average of the school district's average daily membership based on the order established in subdivision (1)(B)(ii) of this section, and establishing each school district's resulting percentage of this cumulative total; (iv) Divide the value of one (1) mill per student in each school district as computed under subdivision (1)(B)(i) of this section by the amount corresponding to the ninety-fifth percentage of the student millage rankings under subdivision (1)(B)(iii) of this section; (v) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(B)(v) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995); (vi) Subtract the academic facilities wealth index as determined under subdivisions (1)(B)(iv) and (v) of this section from the academic facilities wealth index as determined under subdivision (1)(A)(iv) of this section; (vii) Divide the result from subdivision (1)(B)(vi) of this section by two (2); and (viii) Add the value from subdivision (1)(B)(iv) of this section with the number calculated in subdivision (1)(B)(vii) of this section.

(i) Determine the value of one (1) mill per student in each school district as follows: (a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from subdivision (1)(B)(i) (a) of this section by the prior year average daily membership of the school district or the prior three-year average of the school district's average daily membership, whichever is greater;

(a) Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and

(b) Divide the product from subdivision (1)(B)(i) (a) of this section by the prior year average daily membership of the school district or the prior three-year average of the school district's average daily membership, whichever is greater;

(ii) Determine student millage rankings by listing the computation under subdivision (1)(B)(i) of this section for each school district from school districts with the lowest value per mill to school districts with the highest value per mill;

(iii) Allocate the student millage rankings into percentages by calculating a cumulative total of the greater of either the prior year average daily membership or the prior three-year average of the school district's average daily membership based on the order established in subdivision (1)(B)(ii) of this section, and establishing each school district's resulting percentage of this cumulative total;

(iv) Divide the value of one (1) mill per student in each school district as computed under subdivision (1)(B)(i) of this section by the amount corresponding to the ninety-fifth percentage of the student millage rankings under subdivision (1)(B)(iii) of this section;

(v) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(B)(v) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995);

(vi) Subtract the academic facilities wealth index as determined under subdivisions (1)(B)(iv) and (v) of this section from the academic facilities wealth index as determined under subdivision (1)(A)(iv) of this section;

(vii) Divide the result from subdivision (1)(B)(vi) of this section by two (2); and

(viii) Add the value from subdivision (1)(B)(iv) of this section with the number calculated in subdivision (1)(B)(vii) of this section.

(C) (i) The percentage derived from the computation under subdivision (1)(A)(iv) of this section is the academic facilities wealth index for a school district, which shall be computed annually and used to determine the amount of the school district's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the Division of Public School Academic Facilities and Transportation. (ii) The state's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the division is the percentage derived from subtracting the school district's percentage share of financial participation determined under subdivision (1)(C)(i) of this section from one hundred percent (100%).

(i) The percentage derived from the computation under subdivision (1)(A)(iv) of this section is the academic facilities wealth index for a school district, which shall be computed annually and used to determine the amount of the school district's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the Division of Public School Academic Facilities and Transportation.

(ii) The state's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the division is the percentage derived from subtracting the school district's percentage share of financial participation determined under subdivision (1)(C)(i) of this section from one hundred percent (100%).

(D) A school district identified as a high-growth school district as defined in § 6-20-2511 shall receive the lesser of the wealth index as calculated under the formulas under subdivisions (1)(A) and (B) of this section until the school district fails to meet the definition of a high-growth school district as defined in § 6-20-2511 for two (2) consecutive years;

(2) (A) "Academic facility" means a building or space, including related areas such as the physical plant and grounds, where students receive instruction that is an integral part of an adequate education as described in § 6-20-2302 . (B) (i) A public school building or space, including related areas such as the physical plant and grounds, used for an extracurricular activity or an organized physical activity course as defined in § 6-16-137 shall not be considered an academic facility for the purposes of this subchapter to the extent that the building, space, or related area is used for extracurricular activities or organized physical activities courses, except for physical educational training and instruction under § 6-16-132 . (ii) The division shall determine the extent to which a building, space, or related area is used for extracurricular activities or organized physical activities courses based on information supplied by the school district and, if necessary, on-site inspection. (iii) A leased facility shall not be considered an academic facility for the purpose of this subchapter. (C) Buildings or spaces, including related areas such as the physical plant and grounds, used for prekindergarten education shall not be considered academic facilities for purposes of this subchapter. (D) District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities for the purposes of this subchapter;

(A) "Academic facility" means a building or space, including related areas such as the physical plant and grounds, where students receive instruction that is an integral part of an adequate education as described in § 6-20-2302 .

(B) (i) A public school building or space, including related areas such as the physical plant and grounds, used for an extracurricular activity or an organized physical activity course as defined in § 6-16-137 shall not be considered an academic facility for the purposes of this subchapter to the extent that the building, space, or related area is used for extracurricular activities or organized physical activities courses, except for physical educational training and instruction under § 6-16-132 . (ii) The division shall determine the extent to which a building, space, or related area is used for extracurricular activities or organized physical activities courses based on information supplied by the school district and, if necessary, on-site inspection. (iii) A leased facility shall not be considered an academic facility for the purpose of this subchapter.

(i) A public school building or space, including related areas such as the physical plant and grounds, used for an extracurricular activity or an organized physical activity course as defined in § 6-16-137 shall not be considered an academic facility for the purposes of this subchapter to the extent that the building, space, or related area is used for extracurricular activities or organized physical activities courses, except for physical educational training and instruction under § 6-16-132 .

(ii) The division shall determine the extent to which a building, space, or related area is used for extracurricular activities or organized physical activities courses based on information supplied by the school district and, if necessary, on-site inspection.

(iii) A leased facility shall not be considered an academic facility for the purpose of this subchapter.

(C) Buildings or spaces, including related areas such as the physical plant and grounds, used for prekindergarten education shall not be considered academic facilities for purposes of this subchapter.

(D) District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities for the purposes of this subchapter;

(3) (A) "Average daily membership" means the same as defined at § 6-20-2303(3) . (B) As applied to this subchapter, students who may be counted for average daily membership are: (i) Students who reside within the boundaries of the school district and who are enrolled in a public school operated by the school district; (ii) Legally transferred students living outside the school district but attending a public school in the school district; and (iii) Students who are eligible to attend and reside within the boundaries of a school district and who are enrolled in the Arkansas National Guard Youth Challenge Program, so long as the students are participants in the program;

(A) "Average daily membership" means the same as defined at § 6-20-2303(3) .

(B) As applied to this subchapter, students who may be counted for average daily membership are: (i) Students who reside within the boundaries of the school district and who are enrolled in a public school operated by the school district; (ii) Legally transferred students living outside the school district but attending a public school in the school district; and (iii) Students who are eligible to attend and reside within the boundaries of a school district and who are enrolled in the Arkansas National Guard Youth Challenge Program, so long as the students are participants in the program;

(i) Students who reside within the boundaries of the school district and who are enrolled in a public school operated by the school district;

(ii) Legally transferred students living outside the school district but attending a public school in the school district; and

(iii) Students who are eligible to attend and reside within the boundaries of a school district and who are enrolled in the Arkansas National Guard Youth Challenge Program, so long as the students are participants in the program;

(4) "Building" means a structure used or intended for supporting or sheltering any use or occupancy;

(5) "Facility condition index" means a methodology established by the division for comparing the cost of repairing the condition of a public school academic facility to the cost of replacing the public school academic facility with a public school academic facility containing the same amount of square footage;

(6) "Immediate repair project" means a project involving a public school academic facility that is necessary to resolve a deficiency that presents an immediate hazard to: (A) The health or safety of students, teachers, administrators, or staff; (B) The integrity of the public school academic facility with regard to meeting minimum health and safety standards; or (C) The extraordinary deterioration of the public school academic facility;

(A) The health or safety of students, teachers, administrators, or staff;

(B) The integrity of the public school academic facility with regard to meeting minimum health and safety standards; or

(C) The extraordinary deterioration of the public school academic facility;

(7) "Local enhancements" means the portion of any maintenance, repair, or renovation project or new construction project that is designed to bring an academic facility or related areas such as the physical plant or grounds to a state of condition or efficiency that exceeds state academic facilities standards;

(8) "Local resources" means any moneys lawfully generated by a school district for the purpose of funding the school district's share of financial participation in any academic facilities project for which a school district is eligible to receive state financial participation under priorities established by the division;

(9) "Maintenance, repair, and renovation" means any activity or improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that maintains, conserves, or protects the state of condition or efficiency of the academic facility;

(10) "Millage rate" means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904 ;

(11) (A) "New construction" means any improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that brings the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the academic facility's current condition of completeness or efficiency. (B) "New construction" includes additions to existing academic facilities and new academic facilities;

(A) "New construction" means any improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that brings the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the academic facility's current condition of completeness or efficiency.

(B) "New construction" includes additions to existing academic facilities and new academic facilities;

(12) "Project" means an undertaking in which a school district engages in: (A) Maintenance, repair, and renovation activities with regard to an academic facility; (B) New construction of an academic facility; or (C) Any combination of maintenance, repair, and renovation and new construction activities with regard to an academic facility; and

(A) Maintenance, repair, and renovation activities with regard to an academic facility;

(B) New construction of an academic facility; or

(C) Any combination of maintenance, repair, and renovation and new construction activities with regard to an academic facility; and

(13) "Space utilization" means the number of gross square feet per student in a public school academic facility adjusted for academic program, school enrollment, grade configuration, and type of public school in accordance with rules promulgated by the Commission for Arkansas Public School Academic Facilities and Transportation.

Amended by Act 2023, No. 793,§ 16, eff. 8/1/2023.

Amended by Act 2023, No. 793,§ 15, eff. 8/1/2023.

Amended by Act 2023, No. 793,§ 14, eff. 8/1/2023.

Amended by Act 2023, No. 793,§ 13, eff. 8/1/2023.

Amended by Act 2019, No. 1080,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 935,§ 3, eff. 8/1/2017.

Acts 2005, No. 2206, § 1; 2007, No. 727, § 1; 2009, No. 1473, § 9; 2011, No. 1006, §§ 6, 7.
Ark. Code Ann. § 6-18-2203 — AR Code / Title 6 / Chapter 18 / Subchapter 22 / Section 6-18-2203
Prohibited transactions
Status: in_force

A public school or open-enrollment public charter school shall not knowingly enter into any type of transaction with an individual or entity that: (1) Performs abortions; (2) Induces abortions; (3) Provides abortions; or (4) Offers or provides abortion referrals. Amended by Act 2023, No. 653,§ 1, eff. 8/1/2023. Added by Act 2021, No. 820,§ 1, eff. 7/28/2021.

A public school or open-enrollment public charter school shall not knowingly enter into any type of transaction with an individual or entity that:

(1) Performs abortions;

(2) Induces abortions;

(3) Provides abortions; or

(4) Offers or provides abortion referrals.

Amended by Act 2023, No. 653,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 820,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 6-81-1803 — AR Code / Title 6 / Chapter 81 / Subchapter 18 / Section 6-81-1803
Osteopathic Rural Medical Practice Student Loan and Scholarship Board
Status: in_force

(a) (1) There is established the Osteopathic Rural Medical Practice Student Loan and Scholarship Board that shall consist of six (6) members, which shall include: (A) One (1) member who shall be appointed by the Governor after consultation with each medical school in Arkansas that is not the University of Arkansas for Medical Sciences; (B) One (1) member who shall be appointed by the Governor after consultation with the Arkansas Osteopathic Medical Association, who shall serve as vice chair; (C) Two (2) physician members appointed by the Governor after consultation with the Arkansas Osteopathic Medical Association, giving preference to physicians who have received osteopathic rural medical practice loans, community match loans, or income incentives; and (D) Two (2) representatives appointed by the Governor after consultation with the Arkansas Hospital Association, Inc. (2) Members of the board shall: (A) Serve a term of three (3) years; and (B) Not serve more than two (2) consecutive terms. (3) Except as provided under subsection (c) of this section, members of the board shall serve without compensation. (4) Vacancies shall be filled in a similar manner as provided under subdivisions (a)(1) and (2) of this section. (b) The board shall: (1) Promulgate reasonable rules necessary to execute the provisions of this subchapter, including without limitation rules addressing the requirements and in conformance with the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and other appropriate state laws in promulgating and placing rules into effect: (A) For a health professions shortage area; (B) To become a qualified rural community eligible to participate in the Osteopathic Rural Medical Practice Student Loan and Scholarship Program under this subchapter; and (C) For a procedure to resolve disputes arising out of or relating to a rural practice or community match loan or income incentive contract; (2) Prescribe forms for and regulate the submission of loan applications; (3) Determine eligibility of applicants; (4) Allow or disallow loan or income incentive applications; (5) Contract, increase, decrease, terminate, and otherwise regulate all loan and income incentive disbursements for these purposes, receipts for their repayment, and convert loans to scholarships or grants, as applicable; (6) Manage, operate, and control all funds and property appropriated or otherwise contributed for this purpose; (7) Accept gifts, grants, bequests, or devises and apply them as a part of the Osteopathic Rural Medical Practice Student Loan and Scholarship Program; (8) Sue and be sued as the board; and (9) Accept moneys from federal programs that may be used for furtherance of the purposes of this subchapter. (c) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (d) The board shall administer the Osteopathic Rural Medical Practice Student Loan and Scholarship Program and the Community Match Rural Physician Recruitment Program. Amended by Act 2023, No. 725,§ 1, eff. 8/1/2023. Added by Act 2019, No. 857,§ 1, eff. 7/1/2019.

(a) (1) There is established the Osteopathic Rural Medical Practice Student Loan and Scholarship Board that shall consist of six (6) members, which shall include: (A) One (1) member who shall be appointed by the Governor after consultation with each medical school in Arkansas that is not the University of Arkansas for Medical Sciences; (B) One (1) member who shall be appointed by the Governor after consultation with the Arkansas Osteopathic Medical Association, who shall serve as vice chair; (C) Two (2) physician members appointed by the Governor after consultation with the Arkansas Osteopathic Medical Association, giving preference to physicians who have received osteopathic rural medical practice loans, community match loans, or income incentives; and (D) Two (2) representatives appointed by the Governor after consultation with the Arkansas Hospital Association, Inc. (2) Members of the board shall: (A) Serve a term of three (3) years; and (B) Not serve more than two (2) consecutive terms. (3) Except as provided under subsection (c) of this section, members of the board shall serve without compensation. (4) Vacancies shall be filled in a similar manner as provided under subdivisions (a)(1) and (2) of this section.

(1) There is established the Osteopathic Rural Medical Practice Student Loan and Scholarship Board that shall consist of six (6) members, which shall include: (A) One (1) member who shall be appointed by the Governor after consultation with each medical school in Arkansas that is not the University of Arkansas for Medical Sciences; (B) One (1) member who shall be appointed by the Governor after consultation with the Arkansas Osteopathic Medical Association, who shall serve as vice chair; (C) Two (2) physician members appointed by the Governor after consultation with the Arkansas Osteopathic Medical Association, giving preference to physicians who have received osteopathic rural medical practice loans, community match loans, or income incentives; and (D) Two (2) representatives appointed by the Governor after consultation with the Arkansas Hospital Association, Inc.

(A) One (1) member who shall be appointed by the Governor after consultation with each medical school in Arkansas that is not the University of Arkansas for Medical Sciences;

(B) One (1) member who shall be appointed by the Governor after consultation with the Arkansas Osteopathic Medical Association, who shall serve as vice chair;

(C) Two (2) physician members appointed by the Governor after consultation with the Arkansas Osteopathic Medical Association, giving preference to physicians who have received osteopathic rural medical practice loans, community match loans, or income incentives; and

(D) Two (2) representatives appointed by the Governor after consultation with the Arkansas Hospital Association, Inc.

(2) Members of the board shall: (A) Serve a term of three (3) years; and (B) Not serve more than two (2) consecutive terms.

(A) Serve a term of three (3) years; and

(B) Not serve more than two (2) consecutive terms.

(3) Except as provided under subsection (c) of this section, members of the board shall serve without compensation.

(4) Vacancies shall be filled in a similar manner as provided under subdivisions (a)(1) and (2) of this section.

(b) The board shall: (1) Promulgate reasonable rules necessary to execute the provisions of this subchapter, including without limitation rules addressing the requirements and in conformance with the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and other appropriate state laws in promulgating and placing rules into effect: (A) For a health professions shortage area; (B) To become a qualified rural community eligible to participate in the Osteopathic Rural Medical Practice Student Loan and Scholarship Program under this subchapter; and (C) For a procedure to resolve disputes arising out of or relating to a rural practice or community match loan or income incentive contract; (2) Prescribe forms for and regulate the submission of loan applications; (3) Determine eligibility of applicants; (4) Allow or disallow loan or income incentive applications; (5) Contract, increase, decrease, terminate, and otherwise regulate all loan and income incentive disbursements for these purposes, receipts for their repayment, and convert loans to scholarships or grants, as applicable; (6) Manage, operate, and control all funds and property appropriated or otherwise contributed for this purpose; (7) Accept gifts, grants, bequests, or devises and apply them as a part of the Osteopathic Rural Medical Practice Student Loan and Scholarship Program; (8) Sue and be sued as the board; and (9) Accept moneys from federal programs that may be used for furtherance of the purposes of this subchapter.

(1) Promulgate reasonable rules necessary to execute the provisions of this subchapter, including without limitation rules addressing the requirements and in conformance with the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and other appropriate state laws in promulgating and placing rules into effect: (A) For a health professions shortage area; (B) To become a qualified rural community eligible to participate in the Osteopathic Rural Medical Practice Student Loan and Scholarship Program under this subchapter; and (C) For a procedure to resolve disputes arising out of or relating to a rural practice or community match loan or income incentive contract;

(A) For a health professions shortage area;

(B) To become a qualified rural community eligible to participate in the Osteopathic Rural Medical Practice Student Loan and Scholarship Program under this subchapter; and

(C) For a procedure to resolve disputes arising out of or relating to a rural practice or community match loan or income incentive contract;

(2) Prescribe forms for and regulate the submission of loan applications;

(3) Determine eligibility of applicants;

(4) Allow or disallow loan or income incentive applications;

(5) Contract, increase, decrease, terminate, and otherwise regulate all loan and income incentive disbursements for these purposes, receipts for their repayment, and convert loans to scholarships or grants, as applicable;

(6) Manage, operate, and control all funds and property appropriated or otherwise contributed for this purpose;

(7) Accept gifts, grants, bequests, or devises and apply them as a part of the Osteopathic Rural Medical Practice Student Loan and Scholarship Program;

(8) Sue and be sued as the board; and

(9) Accept moneys from federal programs that may be used for furtherance of the purposes of this subchapter.

(c) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(d) The board shall administer the Osteopathic Rural Medical Practice Student Loan and Scholarship Program and the Community Match Rural Physician Recruitment Program.

Amended by Act 2023, No. 725,§ 1, eff. 8/1/2023.

Added by Act 2019, No. 857,§ 1, eff. 7/1/2019.
Ark. Code Ann. § 6-24-119 — AR Code / Title 6 / Chapter 24 / Section 6-24-119
Rules
Status: in_force

In order to administer the provisions of this chapter, the State Board of Education shall adopt rules consistent with the provisions and intent of this chapter. Amended by Act 2019, No. 315,§ 317, eff. 7/24/2019. Acts 2001, No. 1599, § 19.

In order to administer the provisions of this chapter, the State Board of Education shall adopt rules consistent with the provisions and intent of this chapter.

Amended by Act 2019, No. 315,§ 317, eff. 7/24/2019.

Acts 2001, No. 1599, § 19.
Ark. Code Ann. § 6-58-104 — AR Code / Title 6 / Chapter 58 / Section 6-58-104
Effect of merger on employees
Status: in_force

(a) (1) All permanent nonprobationary employees of Quapaw Technical Institute or Garland County Community College on June 30, 2003, shall become employees of National Park College on July 1, 2003. (2) A person who was a permanent nonprobationary employee of Quapaw Technical Institute or Garland County Community College on June 30, 2003, shall be employed by National Park College at least until July 1, 2008, if: (A) Job performance is satisfactory; (B) Student enrollment in programs is satisfactory; and (C) Student job placements are satisfactory. (b) (1) (A) By January 31, 2004, employees who were employed on June 30, 2003, by Garland County Community College or Quapaw Technical Institute shall have the right to make a one-time choice between: (i) The National Park College Health Insurance Plan, which was formerly known as the "Garland County Community College Health Insurance Plan"; or (ii) The health insurance plan adopted by the State Board of Finance for state employees. (B) An employee who was employed by Quapaw Technical Institute on June 30, 2003, shall be entitled to remain in his or her same retirement system under the same conditions then provided by law or as may later be provided by law. (2) The Board of Trustees of National Park College shall promulgate rules establishing the procedure for employees to exercise benefit options under this subsection. (c) (1) Until the later of July 1, 2008, or the date a reorganization that guarantees the importance and position of technical education is adopted by the Board of Trustees of National Park College, the President of the Quapaw Technical Institute as of June 30, 2003, shall be the Vice President for Technical Education at National Park College. (2) The employee who was the President of the Quapaw Technical Institute as of June 30, 2003, shall retain and continue to receive: (A) All options, rights, and benefits of employment granted in subsection (b) of this section; and (B) Any transportation benefits that accompanied the position of President of the Quapaw Technical Institute. (d) An employee who was a member of the faculty of Quapaw Technical Institute on June 30, 2003, shall be deemed qualified to teach in the same level programs at National Park College if: (1) The faculty member's job performance is satisfactory; (2) Student enrollment is satisfactory; and (3) Student job placements are satisfactory. Amended by Act 2021, No. 1004,§ 5, eff. 4/28/2021. Amended by Act 2019, No. 315,§ 358, eff. 7/24/2019. Amended by Act 2016F, No. 141,§ 6, eff. 7/1/2016. Acts 2003, No. 678, § 4.

(a) (1) All permanent nonprobationary employees of Quapaw Technical Institute or Garland County Community College on June 30, 2003, shall become employees of National Park College on July 1, 2003. (2) A person who was a permanent nonprobationary employee of Quapaw Technical Institute or Garland County Community College on June 30, 2003, shall be employed by National Park College at least until July 1, 2008, if: (A) Job performance is satisfactory; (B) Student enrollment in programs is satisfactory; and (C) Student job placements are satisfactory.

(1) All permanent nonprobationary employees of Quapaw Technical Institute or Garland County Community College on June 30, 2003, shall become employees of National Park College on July 1, 2003.

(2) A person who was a permanent nonprobationary employee of Quapaw Technical Institute or Garland County Community College on June 30, 2003, shall be employed by National Park College at least until July 1, 2008, if: (A) Job performance is satisfactory; (B) Student enrollment in programs is satisfactory; and (C) Student job placements are satisfactory.

(A) Job performance is satisfactory;

(B) Student enrollment in programs is satisfactory; and

(C) Student job placements are satisfactory.

(b) (1) (A) By January 31, 2004, employees who were employed on June 30, 2003, by Garland County Community College or Quapaw Technical Institute shall have the right to make a one-time choice between: (i) The National Park College Health Insurance Plan, which was formerly known as the "Garland County Community College Health Insurance Plan"; or (ii) The health insurance plan adopted by the State Board of Finance for state employees. (B) An employee who was employed by Quapaw Technical Institute on June 30, 2003, shall be entitled to remain in his or her same retirement system under the same conditions then provided by law or as may later be provided by law. (2) The Board of Trustees of National Park College shall promulgate rules establishing the procedure for employees to exercise benefit options under this subsection.

(1) (A) By January 31, 2004, employees who were employed on June 30, 2003, by Garland County Community College or Quapaw Technical Institute shall have the right to make a one-time choice between: (i) The National Park College Health Insurance Plan, which was formerly known as the "Garland County Community College Health Insurance Plan"; or (ii) The health insurance plan adopted by the State Board of Finance for state employees. (B) An employee who was employed by Quapaw Technical Institute on June 30, 2003, shall be entitled to remain in his or her same retirement system under the same conditions then provided by law or as may later be provided by law.

(A) By January 31, 2004, employees who were employed on June 30, 2003, by Garland County Community College or Quapaw Technical Institute shall have the right to make a one-time choice between: (i) The National Park College Health Insurance Plan, which was formerly known as the "Garland County Community College Health Insurance Plan"; or (ii) The health insurance plan adopted by the State Board of Finance for state employees.

(i) The National Park College Health Insurance Plan, which was formerly known as the "Garland County Community College Health Insurance Plan"; or

(ii) The health insurance plan adopted by the State Board of Finance for state employees.

(B) An employee who was employed by Quapaw Technical Institute on June 30, 2003, shall be entitled to remain in his or her same retirement system under the same conditions then provided by law or as may later be provided by law.

(2) The Board of Trustees of National Park College shall promulgate rules establishing the procedure for employees to exercise benefit options under this subsection.

(c) (1) Until the later of July 1, 2008, or the date a reorganization that guarantees the importance and position of technical education is adopted by the Board of Trustees of National Park College, the President of the Quapaw Technical Institute as of June 30, 2003, shall be the Vice President for Technical Education at National Park College. (2) The employee who was the President of the Quapaw Technical Institute as of June 30, 2003, shall retain and continue to receive: (A) All options, rights, and benefits of employment granted in subsection (b) of this section; and (B) Any transportation benefits that accompanied the position of President of the Quapaw Technical Institute.

(1) Until the later of July 1, 2008, or the date a reorganization that guarantees the importance and position of technical education is adopted by the Board of Trustees of National Park College, the President of the Quapaw Technical Institute as of June 30, 2003, shall be the Vice President for Technical Education at National Park College.

(2) The employee who was the President of the Quapaw Technical Institute as of June 30, 2003, shall retain and continue to receive: (A) All options, rights, and benefits of employment granted in subsection (b) of this section; and (B) Any transportation benefits that accompanied the position of President of the Quapaw Technical Institute.

(A) All options, rights, and benefits of employment granted in subsection (b) of this section; and

(B) Any transportation benefits that accompanied the position of President of the Quapaw Technical Institute.

(d) An employee who was a member of the faculty of Quapaw Technical Institute on June 30, 2003, shall be deemed qualified to teach in the same level programs at National Park College if: (1) The faculty member's job performance is satisfactory; (2) Student enrollment is satisfactory; and (3) Student job placements are satisfactory.

(1) The faculty member's job performance is satisfactory;

(2) Student enrollment is satisfactory; and

(3) Student job placements are satisfactory.

Amended by Act 2021, No. 1004,§ 5, eff. 4/28/2021.

Amended by Act 2019, No. 315,§ 358, eff. 7/24/2019.

Amended by Act 2016F, No. 141,§ 6, eff. 7/1/2016.

Acts 2003, No. 678, § 4.
Ark. Code Ann. § 6-51-606 — AR Code / Title 6 / Chapter 51 / Subchapter 6 / Section 6-51-606
School license generally
Status: in_force

(a) No persons shall operate, conduct, maintain, or offer to operate in this state a school as defined in this subchapter, or solicit the enrollment of students residing in the state, unless a license is first secured from the Division of Higher Education issued in accordance with the provisions of this subchapter and the rules promulgated by the division in consultation with the State Board of Private Career Education. (b) (1) Application for a license shall be filed in the manner and upon the forms prescribed and furnished by the division for that purpose. (2) The application shall be signed by the applicant and properly verified and shall contain such information as may apply to the type and kind of school, satellite school, or extension course site for which a license is sought. (c) (1) A license issued shall be restricted to the programs of study specifically indicated in the application for a license. (2) The holder of a license shall present a supplementary application for approval of additional programs of study. (d) The license shall remain the property of the State of Arkansas and shall be returned to the division upon cause. (e) After a license is issued to any school by the division on the basis of its application, it shall be the responsibility of the school to notify immediately the division of any changes in the ownership, administration, location, faculty, or programs of study on the forms and in the manner prescribed by the division. (f) In the event of the sale of such school, the license granted to the original owner or operators shall not be transferable to the new ownership or operators, but application for a new license must be made and approved before the new ownership's taking over operation of the school. (g) The division shall have the power to deny issuing a new or renewal license, to revoke an existing license, or to place a licensee on probation, if in its discretion it determines that: (1) The licensee has violated any of the provisions of this subchapter or any of the rules of the division; (2) The applicant or licensee has knowingly presented to the division incomplete or misleading information relating to licensure; (3) The applicant or licensee has pleaded guilty, entered a plea of nolo contendere, or has been found guilty in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld, deferred, or suspended by a court of this state, another state, or the United States Government, of: (A) Any felony; or (B) Any act involving moral turpitude, gross immorality, or which is related to the qualifications, functions, and duties of a licensee; (4) The applicant or licensee has intentionally failed or refused to permit the division or its representatives to inspect the school or classes or has intentionally failed or refused to make available to the division, at any time when requested to do so, full information pertaining to any or all items of information contained in an application for license or pertaining to the operation of the school; (5) The applicant has failed or refused to submit to the division an application for license or renewal in the manner and on the forms prescribed; (6) A licensed admissions representative has failed or refused to display or produce his or her license when requested to do so by prospective students or designated officials of the division; (7) The applicant or licensee has failed to provide or maintain premises, equipment, materials, supplies, or conditions in accordance with minimum standards as established by rules; (8) The licensee has been found by the division or a court of law to have perpetrated fraud or deceit in advertising of the school or programs of study or in presenting to prospective students information relating to the school, programs of study, employment opportunities, or opportunities for enrollment in institutions of higher education; (9) The licensee has in its employ admissions representatives who have not been licensed but are actively engaged in the practice of attempting to enroll students; (10) The licensee has failed to provide and maintain standards of instruction or qualified administrative, supervisory, or instructional staff as established by rules; (11) The applicant or licensee is unable to provide and maintain financial resources in sufficient amount to equip and maintain the school or classes; (12) The licensee has moved the school into new premises or facilities without first notifying the division; (13) The licensee has offered training or instruction in programs of study which have not been approved and authorized in accordance with rules; (14) A licensed admissions representative has solicited prospective students to enroll in a school which has not been licensed by the division or which is not listed on his or her license; (15) There was a change in the ownership of the school without proper notification to and approval from the division; (16) The licensee has failed to notify the division or to provide written documentation as to the cause that the license of a school has been suspended or revoked or the school has been placed on probation or a show cause issued in another state or by another regulatory agency; (17) The licensee has failed to notify the division of legal actions initiated by or against the school; or (18) The licensee fails to make tuition refunds to the students or their lenders in compliance with current rules. (h) The division shall have the power to revoke a license if in its discretion it determines that: (1) The licensee has failed to cure a deficiency leading to a license probation within the time as may be reasonably prescribed by the division; (2) The licensee while on probation has been found by the division to have incurred an additional infraction of this subchapter; or (3) The licensee has closed a school without first having completed the training of all students currently enrolled or having made tuition refunds to students or their lenders. (i) The division may impose sanctions under § 25-15-217 . (j) (1) Unless directed to do so by court order, the division shall not, for a period of five (5) years following revocation, reinstate the license of a school or allow an owner of any such school to seek licensure of another school. (2) Upon expiration of licensure status, the school must apply for an original license in accordance with the provisions of this subchapter. (k) (1) Upon closure of a school located in Arkansas and licensed under any provision of this subchapter, whether for license revocation or any other cause, all student financial aid records for the previous three (3) years and all student transcripts regardless of age must be delivered to the division. (2) Delivered records shall be arranged in alphabetical order and stored in boxes or in data format at the discretion of the division. (3) The division shall be responsible for the proper security, storage, and maintenance of all such records. Amended by Act 2021, No. 252,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 1876, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1875, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1874, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1873, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1872, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1871, eff. 7/1/2019. Amended by Act 2017, No. 565,§ 6, eff. 3/22/2017. Acts 1983, No. 770, § 5; A.S.A. 1947, § 80-4305; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2003, No. 1781, §§ 7, 8.

(a) No persons shall operate, conduct, maintain, or offer to operate in this state a school as defined in this subchapter, or solicit the enrollment of students residing in the state, unless a license is first secured from the Division of Higher Education issued in accordance with the provisions of this subchapter and the rules promulgated by the division in consultation with the State Board of Private Career Education.

(b) (1) Application for a license shall be filed in the manner and upon the forms prescribed and furnished by the division for that purpose. (2) The application shall be signed by the applicant and properly verified and shall contain such information as may apply to the type and kind of school, satellite school, or extension course site for which a license is sought.

(1) Application for a license shall be filed in the manner and upon the forms prescribed and furnished by the division for that purpose.

(2) The application shall be signed by the applicant and properly verified and shall contain such information as may apply to the type and kind of school, satellite school, or extension course site for which a license is sought.

(c) (1) A license issued shall be restricted to the programs of study specifically indicated in the application for a license. (2) The holder of a license shall present a supplementary application for approval of additional programs of study.

(1) A license issued shall be restricted to the programs of study specifically indicated in the application for a license.

(2) The holder of a license shall present a supplementary application for approval of additional programs of study.

(d) The license shall remain the property of the State of Arkansas and shall be returned to the division upon cause.

(e) After a license is issued to any school by the division on the basis of its application, it shall be the responsibility of the school to notify immediately the division of any changes in the ownership, administration, location, faculty, or programs of study on the forms and in the manner prescribed by the division.

(f) In the event of the sale of such school, the license granted to the original owner or operators shall not be transferable to the new ownership or operators, but application for a new license must be made and approved before the new ownership's taking over operation of the school.

(g) The division shall have the power to deny issuing a new or renewal license, to revoke an existing license, or to place a licensee on probation, if in its discretion it determines that: (1) The licensee has violated any of the provisions of this subchapter or any of the rules of the division; (2) The applicant or licensee has knowingly presented to the division incomplete or misleading information relating to licensure; (3) The applicant or licensee has pleaded guilty, entered a plea of nolo contendere, or has been found guilty in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld, deferred, or suspended by a court of this state, another state, or the United States Government, of: (A) Any felony; or (B) Any act involving moral turpitude, gross immorality, or which is related to the qualifications, functions, and duties of a licensee; (4) The applicant or licensee has intentionally failed or refused to permit the division or its representatives to inspect the school or classes or has intentionally failed or refused to make available to the division, at any time when requested to do so, full information pertaining to any or all items of information contained in an application for license or pertaining to the operation of the school; (5) The applicant has failed or refused to submit to the division an application for license or renewal in the manner and on the forms prescribed; (6) A licensed admissions representative has failed or refused to display or produce his or her license when requested to do so by prospective students or designated officials of the division; (7) The applicant or licensee has failed to provide or maintain premises, equipment, materials, supplies, or conditions in accordance with minimum standards as established by rules; (8) The licensee has been found by the division or a court of law to have perpetrated fraud or deceit in advertising of the school or programs of study or in presenting to prospective students information relating to the school, programs of study, employment opportunities, or opportunities for enrollment in institutions of higher education; (9) The licensee has in its employ admissions representatives who have not been licensed but are actively engaged in the practice of attempting to enroll students; (10) The licensee has failed to provide and maintain standards of instruction or qualified administrative, supervisory, or instructional staff as established by rules; (11) The applicant or licensee is unable to provide and maintain financial resources in sufficient amount to equip and maintain the school or classes; (12) The licensee has moved the school into new premises or facilities without first notifying the division; (13) The licensee has offered training or instruction in programs of study which have not been approved and authorized in accordance with rules; (14) A licensed admissions representative has solicited prospective students to enroll in a school which has not been licensed by the division or which is not listed on his or her license; (15) There was a change in the ownership of the school without proper notification to and approval from the division; (16) The licensee has failed to notify the division or to provide written documentation as to the cause that the license of a school has been suspended or revoked or the school has been placed on probation or a show cause issued in another state or by another regulatory agency; (17) The licensee has failed to notify the division of legal actions initiated by or against the school; or (18) The licensee fails to make tuition refunds to the students or their lenders in compliance with current rules.

(1) The licensee has violated any of the provisions of this subchapter or any of the rules of the division;

(2) The applicant or licensee has knowingly presented to the division incomplete or misleading information relating to licensure;

(3) The applicant or licensee has pleaded guilty, entered a plea of nolo contendere, or has been found guilty in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld, deferred, or suspended by a court of this state, another state, or the United States Government, of: (A) Any felony; or (B) Any act involving moral turpitude, gross immorality, or which is related to the qualifications, functions, and duties of a licensee;

(A) Any felony; or

(B) Any act involving moral turpitude, gross immorality, or which is related to the qualifications, functions, and duties of a licensee;

(4) The applicant or licensee has intentionally failed or refused to permit the division or its representatives to inspect the school or classes or has intentionally failed or refused to make available to the division, at any time when requested to do so, full information pertaining to any or all items of information contained in an application for license or pertaining to the operation of the school;

(5) The applicant has failed or refused to submit to the division an application for license or renewal in the manner and on the forms prescribed;

(6) A licensed admissions representative has failed or refused to display or produce his or her license when requested to do so by prospective students or designated officials of the division;

(7) The applicant or licensee has failed to provide or maintain premises, equipment, materials, supplies, or conditions in accordance with minimum standards as established by rules;

(8) The licensee has been found by the division or a court of law to have perpetrated fraud or deceit in advertising of the school or programs of study or in presenting to prospective students information relating to the school, programs of study, employment opportunities, or opportunities for enrollment in institutions of higher education;

(9) The licensee has in its employ admissions representatives who have not been licensed but are actively engaged in the practice of attempting to enroll students;

(10) The licensee has failed to provide and maintain standards of instruction or qualified administrative, supervisory, or instructional staff as established by rules;

(11) The applicant or licensee is unable to provide and maintain financial resources in sufficient amount to equip and maintain the school or classes;

(12) The licensee has moved the school into new premises or facilities without first notifying the division;

(13) The licensee has offered training or instruction in programs of study which have not been approved and authorized in accordance with rules;

(14) A licensed admissions representative has solicited prospective students to enroll in a school which has not been licensed by the division or which is not listed on his or her license;

(15) There was a change in the ownership of the school without proper notification to and approval from the division;

(16) The licensee has failed to notify the division or to provide written documentation as to the cause that the license of a school has been suspended or revoked or the school has been placed on probation or a show cause issued in another state or by another regulatory agency;

(17) The licensee has failed to notify the division of legal actions initiated by or against the school; or

(18) The licensee fails to make tuition refunds to the students or their lenders in compliance with current rules.

(h) The division shall have the power to revoke a license if in its discretion it determines that: (1) The licensee has failed to cure a deficiency leading to a license probation within the time as may be reasonably prescribed by the division; (2) The licensee while on probation has been found by the division to have incurred an additional infraction of this subchapter; or (3) The licensee has closed a school without first having completed the training of all students currently enrolled or having made tuition refunds to students or their lenders.

(1) The licensee has failed to cure a deficiency leading to a license probation within the time as may be reasonably prescribed by the division;

(2) The licensee while on probation has been found by the division to have incurred an additional infraction of this subchapter; or

(3) The licensee has closed a school without first having completed the training of all students currently enrolled or having made tuition refunds to students or their lenders.

(i) The division may impose sanctions under § 25-15-217 .

(j) (1) Unless directed to do so by court order, the division shall not, for a period of five (5) years following revocation, reinstate the license of a school or allow an owner of any such school to seek licensure of another school. (2) Upon expiration of licensure status, the school must apply for an original license in accordance with the provisions of this subchapter.

(1) Unless directed to do so by court order, the division shall not, for a period of five (5) years following revocation, reinstate the license of a school or allow an owner of any such school to seek licensure of another school.

(2) Upon expiration of licensure status, the school must apply for an original license in accordance with the provisions of this subchapter.

(k) (1) Upon closure of a school located in Arkansas and licensed under any provision of this subchapter, whether for license revocation or any other cause, all student financial aid records for the previous three (3) years and all student transcripts regardless of age must be delivered to the division. (2) Delivered records shall be arranged in alphabetical order and stored in boxes or in data format at the discretion of the division. (3) The division shall be responsible for the proper security, storage, and maintenance of all such records.

(1) Upon closure of a school located in Arkansas and licensed under any provision of this subchapter, whether for license revocation or any other cause, all student financial aid records for the previous three (3) years and all student transcripts regardless of age must be delivered to the division.

(2) Delivered records shall be arranged in alphabetical order and stored in boxes or in data format at the discretion of the division.

(3) The division shall be responsible for the proper security, storage, and maintenance of all such records.

Amended by Act 2021, No. 252,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 1876, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1875, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1874, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1873, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1872, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1871, eff. 7/1/2019.

Amended by Act 2017, No. 565,§ 6, eff. 3/22/2017.

Acts 1983, No. 770, § 5; A.S.A. 1947, § 80-4305; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2003, No. 1781, §§ 7, 8.
Ark. Code Ann. § 6-17-2401 — AR Code / Title 6 / Chapter 17 / Subchapter 24 / Section 6-17-2401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Teacher Compensation Program of 2003". Acts 2003 (2nd Ex. Sess.), No. 59, § 2.

This subchapter shall be known and may be cited as the "Teacher Compensation Program of 2003".

Acts 2003 (2nd Ex. Sess.), No. 59, § 2.
Ark. Code Ann. § 6-28-203 — AR Code / Title 6 / Chapter 28 / Subchapter 2 / Section 6-28-203
Arkansas Council for Military Children - Membership
Status: in_force

(a) The Arkansas Council for Military Children created by § 6-28-106 shall be composed of the following members: (1) The Commissioner of Elementary and Secondary Education or his or her designee, serving as Chair of the Arkansas Council for Military Children as established by § 6-28-202 ; (2) The superintendent or his or her designee of the public school district with the greatest number of children of military families from each Arkansas congressional district as determined every four (4) years; (3) Three (3) appointed at-large members, of which: (A) One (1) member shall be appointed by the President Pro Tempore of the Senate; (B) One (1) member shall be appointed by the Speaker of the House of Representatives; and (C) One (1) member shall be appointed by the Governor; (4) The charter school leader or his or her designee of the open-enrollment public charter school with the greatest number of children of military families as determined every four (4) years; (5) A representative from each of the six (6) federal or state military installations as designated by the federal military installation commander or the Secretary of the Department of the Military, whichever is applicable; (6) The Executive Director of the Arkansas Activities Association, or his or her designee; (7) The Chair of the Senate Committee on Education and the Chair of the House Committee on Education or designees from each of the committees; and (8) The military family education liaison as established by § 6-28-205 . (b) Each appointed member under subdivision (a)(3) of this section shall: (1) Have a background or interest in the education of military children; (2) Be drawn from applicants that are from The Center for Exceptional Families, Arkansas Advocates for Children and Families, the Arkansas School Counselor Association, Inc., the Arkansas PTA, or other organizations with purposes that include the following: (A) Child welfare; (B) Child and family advocacy; and (C) Special education; (3) (A) Be appointed for a term of four (4) years. (B) The terms for the initial appointees under subsection (a) of this section shall be staggered as determined by lot with: (i) One (1) member serving a term of three (3) years; (ii) One (1) member serving a term of four (4) years; and (iii) One (1) member serving a term of five (5) years. (C) Each succeeding appointment to the council shall be for a term of four (4) years, but the member appointed shall serve until the member's successor is appointed; and (4) (A) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official that made the appointment. (B) The new appointee under subdivision (b)(4)(A) of this section shall serve for the remainder of the unexpired term. (c) The identification of a designee who shall serve in lieu of a council member and with the same authority of the council member under this section shall be provided to the council in writing. Amended by Act 2023, No. 638,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 638,§ 4, eff. 8/1/2023. Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.

(a) The Arkansas Council for Military Children created by § 6-28-106 shall be composed of the following members: (1) The Commissioner of Elementary and Secondary Education or his or her designee, serving as Chair of the Arkansas Council for Military Children as established by § 6-28-202 ; (2) The superintendent or his or her designee of the public school district with the greatest number of children of military families from each Arkansas congressional district as determined every four (4) years; (3) Three (3) appointed at-large members, of which: (A) One (1) member shall be appointed by the President Pro Tempore of the Senate; (B) One (1) member shall be appointed by the Speaker of the House of Representatives; and (C) One (1) member shall be appointed by the Governor; (4) The charter school leader or his or her designee of the open-enrollment public charter school with the greatest number of children of military families as determined every four (4) years; (5) A representative from each of the six (6) federal or state military installations as designated by the federal military installation commander or the Secretary of the Department of the Military, whichever is applicable; (6) The Executive Director of the Arkansas Activities Association, or his or her designee; (7) The Chair of the Senate Committee on Education and the Chair of the House Committee on Education or designees from each of the committees; and (8) The military family education liaison as established by § 6-28-205 .

(1) The Commissioner of Elementary and Secondary Education or his or her designee, serving as Chair of the Arkansas Council for Military Children as established by § 6-28-202 ;

(2) The superintendent or his or her designee of the public school district with the greatest number of children of military families from each Arkansas congressional district as determined every four (4) years;

(3) Three (3) appointed at-large members, of which: (A) One (1) member shall be appointed by the President Pro Tempore of the Senate; (B) One (1) member shall be appointed by the Speaker of the House of Representatives; and (C) One (1) member shall be appointed by the Governor;

(A) One (1) member shall be appointed by the President Pro Tempore of the Senate;

(B) One (1) member shall be appointed by the Speaker of the House of Representatives; and

(C) One (1) member shall be appointed by the Governor;

(4) The charter school leader or his or her designee of the open-enrollment public charter school with the greatest number of children of military families as determined every four (4) years;

(5) A representative from each of the six (6) federal or state military installations as designated by the federal military installation commander or the Secretary of the Department of the Military, whichever is applicable;

(6) The Executive Director of the Arkansas Activities Association, or his or her designee;

(7) The Chair of the Senate Committee on Education and the Chair of the House Committee on Education or designees from each of the committees; and

(8) The military family education liaison as established by § 6-28-205 .

(b) Each appointed member under subdivision (a)(3) of this section shall: (1) Have a background or interest in the education of military children; (2) Be drawn from applicants that are from The Center for Exceptional Families, Arkansas Advocates for Children and Families, the Arkansas School Counselor Association, Inc., the Arkansas PTA, or other organizations with purposes that include the following: (A) Child welfare; (B) Child and family advocacy; and (C) Special education; (3) (A) Be appointed for a term of four (4) years. (B) The terms for the initial appointees under subsection (a) of this section shall be staggered as determined by lot with: (i) One (1) member serving a term of three (3) years; (ii) One (1) member serving a term of four (4) years; and (iii) One (1) member serving a term of five (5) years. (C) Each succeeding appointment to the council shall be for a term of four (4) years, but the member appointed shall serve until the member's successor is appointed; and (4) (A) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official that made the appointment. (B) The new appointee under subdivision (b)(4)(A) of this section shall serve for the remainder of the unexpired term.

(1) Have a background or interest in the education of military children;

(2) Be drawn from applicants that are from The Center for Exceptional Families, Arkansas Advocates for Children and Families, the Arkansas School Counselor Association, Inc., the Arkansas PTA, or other organizations with purposes that include the following: (A) Child welfare; (B) Child and family advocacy; and (C) Special education;

(A) Child welfare;

(B) Child and family advocacy; and

(C) Special education;

(3) (A) Be appointed for a term of four (4) years. (B) The terms for the initial appointees under subsection (a) of this section shall be staggered as determined by lot with: (i) One (1) member serving a term of three (3) years; (ii) One (1) member serving a term of four (4) years; and (iii) One (1) member serving a term of five (5) years. (C) Each succeeding appointment to the council shall be for a term of four (4) years, but the member appointed shall serve until the member's successor is appointed; and

(A) Be appointed for a term of four (4) years.

(B) The terms for the initial appointees under subsection (a) of this section shall be staggered as determined by lot with: (i) One (1) member serving a term of three (3) years; (ii) One (1) member serving a term of four (4) years; and (iii) One (1) member serving a term of five (5) years.

(i) One (1) member serving a term of three (3) years;

(ii) One (1) member serving a term of four (4) years; and

(iii) One (1) member serving a term of five (5) years.

(C) Each succeeding appointment to the council shall be for a term of four (4) years, but the member appointed shall serve until the member's successor is appointed; and

(4) (A) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official that made the appointment. (B) The new appointee under subdivision (b)(4)(A) of this section shall serve for the remainder of the unexpired term.

(A) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official that made the appointment.

(B) The new appointee under subdivision (b)(4)(A) of this section shall serve for the remainder of the unexpired term.

(c) The identification of a designee who shall serve in lieu of a council member and with the same authority of the council member under this section shall be provided to the council in writing.

Amended by Act 2023, No. 638,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 638,§ 4, eff. 8/1/2023.

Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 6-20-1806 — AR Code / Title 6 / Chapter 20 / Subchapter 18 / Section 6-20-1806
Services outside the scope of practice of auditors - Prohibited activities
Status: in_force

A licensed certified public accountant or a licensed accountant in public practice shall not provide the following nonaudit services to a school district, education service cooperative, or open-enrollment public charter school if the licensed certified public accountant or the licensed accountant or his or her firm is also the auditor of the school district, education service cooperative, or open-enrollment public charter school: (1) Accounting and bookkeeping services; (2) Financial information systems design and implementation; (3) Appraisal, valuation, and actuarial services; (4) Internal audit outsourcing services; (5) Management or human resources functions; (6) Broker or dealer, investment advisor, or investment banking services; and (7) Legal and expert services unrelated to the audit. Acts 2005, No. 1244, § 1; 2007, No. 617, § 21.

A licensed certified public accountant or a licensed accountant in public practice shall not provide the following nonaudit services to a school district, education service cooperative, or open-enrollment public charter school if the licensed certified public accountant or the licensed accountant or his or her firm is also the auditor of the school district, education service cooperative, or open-enrollment public charter school:

(1) Accounting and bookkeeping services;

(2) Financial information systems design and implementation;

(3) Appraisal, valuation, and actuarial services;

(4) Internal audit outsourcing services;

(5) Management or human resources functions;

(6) Broker or dealer, investment advisor, or investment banking services; and

(7) Legal and expert services unrelated to the audit.

Acts 2005, No. 1244, § 1; 2007, No. 617, § 21.