Ark. Code Ann. § 6-43-101 — AR Code / Title 6 / Chapter 43 / Subchapter 1 / Section 6-43-101
Board of trustees
Status: in_force

(a) There is created an honorary board constituting the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf. (b) (1) The board shall consist of five (5) members. (2) The Governor, by and with the advice and consent of the Senate, shall appoint the members of the board. (3) The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days, and if the appointee fails to give notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made. (c) (1) Members of the board appointed by the Governor under the provisions of this section, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas. (2) (A) The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, Supreme Court Justices, and the directing head of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed. (B) No individual may be a member of more than one (1) of the boards created under the provisions of this section and § 25-17-201 at the same time. (3) There shall be at all times one (1) member of the board who is a deaf person who fluently utilizes deaf sign language. (d) (1) The term of office for each member shall commence on January 15 and shall end on January 14 of the fifth year following the year in which the regular term commenced. (2) (A) The Governor shall submit to the Senate for approval the names of all appointments made by him or her to fill expired terms within ten (10) days following the appointment. (B) The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate. (e) Any vacancies arising in the membership of the board for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the board, and shall be thereafter effective until the expiration of the regular terms. (f) (1) Before entering upon his or her respective duties, each board member shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter and that he or she will not be or become interested, directly or indirectly, in any contract made by the board. (2) (A) Any violation of the oath shall be a Class B misdemeanor. (B) Any contract entered into in violation of the oath shall be void. (g) The board shall meet at least monthly and shall fix a regular date for the monthly meeting. (h) Each member of the board may receive expense reimbursement in accordance with § 25-16-901 et seq. (i) (1) The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing. (2) The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal. (3) The removal action shall be filed with the Secretary of State, together with a complete record of the proceedings at the hearing. (4) (A) An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor. (B) An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo. Amended by Act 2023, No. 794,§ 3, eff. 4/12/2023. Acts 1927, No. 37, § 15; Pope's Dig., § 12801; Acts 1943, No. 1, §§ 2, 4-6; 1979, No. 497, § 1; 1981, No. 356, § 8; 1981, No. 446, § 11; A.S.A. 1947, §§ 7-201, 7-203, 7-203.1, 7-204, 7-205, 7-206.1, 7-207; Acts 1993, No. 294, § 16; 1997, No. 250, § 21; 2005, No. 1994, § 387.

(a) There is created an honorary board constituting the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf.

(b) (1) The board shall consist of five (5) members. (2) The Governor, by and with the advice and consent of the Senate, shall appoint the members of the board. (3) The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days, and if the appointee fails to give notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made.

(1) The board shall consist of five (5) members.

(2) The Governor, by and with the advice and consent of the Senate, shall appoint the members of the board.

(3) The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days, and if the appointee fails to give notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made.

(c) (1) Members of the board appointed by the Governor under the provisions of this section, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas. (2) (A) The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, Supreme Court Justices, and the directing head of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed. (B) No individual may be a member of more than one (1) of the boards created under the provisions of this section and § 25-17-201 at the same time. (3) There shall be at all times one (1) member of the board who is a deaf person who fluently utilizes deaf sign language.

(1) Members of the board appointed by the Governor under the provisions of this section, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas.

(2) (A) The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, Supreme Court Justices, and the directing head of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed. (B) No individual may be a member of more than one (1) of the boards created under the provisions of this section and § 25-17-201 at the same time.

(A) The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, Supreme Court Justices, and the directing head of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed.

(B) No individual may be a member of more than one (1) of the boards created under the provisions of this section and § 25-17-201 at the same time.

(3) There shall be at all times one (1) member of the board who is a deaf person who fluently utilizes deaf sign language.

(d) (1) The term of office for each member shall commence on January 15 and shall end on January 14 of the fifth year following the year in which the regular term commenced. (2) (A) The Governor shall submit to the Senate for approval the names of all appointments made by him or her to fill expired terms within ten (10) days following the appointment. (B) The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate.

(1) The term of office for each member shall commence on January 15 and shall end on January 14 of the fifth year following the year in which the regular term commenced.

(2) (A) The Governor shall submit to the Senate for approval the names of all appointments made by him or her to fill expired terms within ten (10) days following the appointment. (B) The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate.

(A) The Governor shall submit to the Senate for approval the names of all appointments made by him or her to fill expired terms within ten (10) days following the appointment.

(B) The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate.

(e) Any vacancies arising in the membership of the board for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the board, and shall be thereafter effective until the expiration of the regular terms.

(f) (1) Before entering upon his or her respective duties, each board member shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter and that he or she will not be or become interested, directly or indirectly, in any contract made by the board. (2) (A) Any violation of the oath shall be a Class B misdemeanor. (B) Any contract entered into in violation of the oath shall be void.

(1) Before entering upon his or her respective duties, each board member shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter and that he or she will not be or become interested, directly or indirectly, in any contract made by the board.

(2) (A) Any violation of the oath shall be a Class B misdemeanor. (B) Any contract entered into in violation of the oath shall be void.

(A) Any violation of the oath shall be a Class B misdemeanor.

(B) Any contract entered into in violation of the oath shall be void.

(g) The board shall meet at least monthly and shall fix a regular date for the monthly meeting.

(h) Each member of the board may receive expense reimbursement in accordance with § 25-16-901 et seq.

(i) (1) The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing. (2) The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal. (3) The removal action shall be filed with the Secretary of State, together with a complete record of the proceedings at the hearing. (4) (A) An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor. (B) An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

(1) The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing.

(2) The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal.

(3) The removal action shall be filed with the Secretary of State, together with a complete record of the proceedings at the hearing.

(4) (A) An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor. (B) An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

(A) An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor.

(B) An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

Amended by Act 2023, No. 794,§ 3, eff. 4/12/2023.

Acts 1927, No. 37, § 15; Pope's Dig., § 12801; Acts 1943, No. 1, §§ 2, 4-6; 1979, No. 497, § 1; 1981, No. 356, § 8; 1981, No. 446, § 11; A.S.A. 1947, §§ 7-201, 7-203, 7-203.1, 7-204, 7-205, 7-206.1, 7-207; Acts 1993, No. 294, § 16; 1997, No. 250, § 21; 2005, No. 1994, § 387.
Ark. Code Ann. § 6-13-1613 — AR Code / Title 6 / Chapter 13 / Subchapter 16 / Section 6-13-1613
Minimum school district size waiver
Status: in_force

(a) (1) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year may annually request a waiver from the average daily membership requirement of three hundred fifty (350) students from the State Board of Education. (2) A school district shall submit a petition for a waiver to the state board by February 1. (3) The petition for a waiver shall include: (A) The average daily membership of the school district in the current school year; (B) A statement that the school district is not in probationary status for any violation of the Standards for Accreditation of Arkansas Public Schools and School Districts; (C) A copy of the school district's current year budget and any fiscal audit conducted within the previous two (2) years; and (D) A statement of assurance that the school district is not currently classified in Level 5 - Intensive support, fiscal distress, or facilities distress. (b) (1) The state board shall render a decision to either grant or reject a petition for a waiver that is received from a school district within forty-five (45) days of receipt. (2) The state board shall grant a petition for a waiver if it is demonstrated by the school district that: (A) The school district is not currently classified in Level 5 - Intensive support, fiscal distress, or facilities distress; (B) The school district is not in probationary status for a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts; (C) The academic facilities owned and operated by the school district are adequate as evidenced by the school district's facilities master plan; and (D) It is in the best interest of the students in the school district to keep the school district open due to the length of potential time spent on the bus by a student traveling to and from school should the school district be administratively reorganized, as assured by the school board of directors of the school district requesting the waiver. (3) The state board may revoke a waiver that has been granted to a school district at any time if it is found that the conditions under subdivision (b)(2) of this section change. (c) [Repealed.] Amended by Act 2023, No. 461,§ 10, eff. 8/1/2023. Amended by Act 2023, No. 461,§ 9, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 1180, eff. 7/1/2019. Amended by Act 2017, No. 936,§ 12, eff. 8/1/2017. Amended by Act 2017, No. 936,§ 11, eff. 8/1/2017. Added by Act 2015, No. 377,§ 2, eff. 3/11/2015.

(a) (1) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year may annually request a waiver from the average daily membership requirement of three hundred fifty (350) students from the State Board of Education. (2) A school district shall submit a petition for a waiver to the state board by February 1. (3) The petition for a waiver shall include: (A) The average daily membership of the school district in the current school year; (B) A statement that the school district is not in probationary status for any violation of the Standards for Accreditation of Arkansas Public Schools and School Districts; (C) A copy of the school district's current year budget and any fiscal audit conducted within the previous two (2) years; and (D) A statement of assurance that the school district is not currently classified in Level 5 - Intensive support, fiscal distress, or facilities distress.

(1) A school district with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year may annually request a waiver from the average daily membership requirement of three hundred fifty (350) students from the State Board of Education.

(2) A school district shall submit a petition for a waiver to the state board by February 1.

(3) The petition for a waiver shall include: (A) The average daily membership of the school district in the current school year; (B) A statement that the school district is not in probationary status for any violation of the Standards for Accreditation of Arkansas Public Schools and School Districts; (C) A copy of the school district's current year budget and any fiscal audit conducted within the previous two (2) years; and (D) A statement of assurance that the school district is not currently classified in Level 5 - Intensive support, fiscal distress, or facilities distress.

(A) The average daily membership of the school district in the current school year;

(B) A statement that the school district is not in probationary status for any violation of the Standards for Accreditation of Arkansas Public Schools and School Districts;

(C) A copy of the school district's current year budget and any fiscal audit conducted within the previous two (2) years; and

(D) A statement of assurance that the school district is not currently classified in Level 5 - Intensive support, fiscal distress, or facilities distress.

(b) (1) The state board shall render a decision to either grant or reject a petition for a waiver that is received from a school district within forty-five (45) days of receipt. (2) The state board shall grant a petition for a waiver if it is demonstrated by the school district that: (A) The school district is not currently classified in Level 5 - Intensive support, fiscal distress, or facilities distress; (B) The school district is not in probationary status for a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts; (C) The academic facilities owned and operated by the school district are adequate as evidenced by the school district's facilities master plan; and (D) It is in the best interest of the students in the school district to keep the school district open due to the length of potential time spent on the bus by a student traveling to and from school should the school district be administratively reorganized, as assured by the school board of directors of the school district requesting the waiver. (3) The state board may revoke a waiver that has been granted to a school district at any time if it is found that the conditions under subdivision (b)(2) of this section change.

(1) The state board shall render a decision to either grant or reject a petition for a waiver that is received from a school district within forty-five (45) days of receipt.

(2) The state board shall grant a petition for a waiver if it is demonstrated by the school district that: (A) The school district is not currently classified in Level 5 - Intensive support, fiscal distress, or facilities distress; (B) The school district is not in probationary status for a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts; (C) The academic facilities owned and operated by the school district are adequate as evidenced by the school district's facilities master plan; and (D) It is in the best interest of the students in the school district to keep the school district open due to the length of potential time spent on the bus by a student traveling to and from school should the school district be administratively reorganized, as assured by the school board of directors of the school district requesting the waiver.

(A) The school district is not currently classified in Level 5 - Intensive support, fiscal distress, or facilities distress;

(B) The school district is not in probationary status for a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts;

(C) The academic facilities owned and operated by the school district are adequate as evidenced by the school district's facilities master plan; and

(D) It is in the best interest of the students in the school district to keep the school district open due to the length of potential time spent on the bus by a student traveling to and from school should the school district be administratively reorganized, as assured by the school board of directors of the school district requesting the waiver.

(3) The state board may revoke a waiver that has been granted to a school district at any time if it is found that the conditions under subdivision (b)(2) of this section change.

(c) [Repealed.]

Amended by Act 2023, No. 461,§ 10, eff. 8/1/2023.

Amended by Act 2023, No. 461,§ 9, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 1180, eff. 7/1/2019.

Amended by Act 2017, No. 936,§ 12, eff. 8/1/2017.

Amended by Act 2017, No. 936,§ 11, eff. 8/1/2017.

Added by Act 2015, No. 377,§ 2, eff. 3/11/2015.
Ark. Code Ann. § 6-61-203 — AR Code / Title 6 / Chapter 61 / Subchapter 2 / Section 6-61-203
Director and staff - Funds - Central office
Status: in_force

(a) (1) (A) The Arkansas Higher Education Coordinating Board shall appoint a director through a search and selection process that includes substantial input, review, and recommendation from the Presidents Council, subject to confirmation by the Governor. (B) The Director of the Arkansas Higher Education Coordinating Board shall serve at the pleasure of the Governor. (C) The director shall report to the Secretary of the Department of Education. (2) (A) The director and other staff employed by the board shall demonstrate competence in the field of institutional management or agency management, institutional finance, financial aid, or institutional research. (B) The director shall exhibit advanced coordination and communication skills. (C) The duties of staff employed by the board shall include without limitation: (i) Working with institutions of higher education to identify, develop, and maintain best practice strategies for human resource management; (ii) Providing labor market salary surveys as needed; and (iii) Establishing and maintaining the position pools authorized in § 6-63-319 . (b) The salary of the director and other members of the staff employed by the board or the Department of Education shall be comparable to the positions requiring similar qualifications and experience. (c) The staff of the board shall be under the direction and supervision of the director. (d) The board shall be provided sufficient operating funds to enable it to carry out adequately the programs and functions assigned to the Division of Higher Education. (e) The central office of the division shall be maintained in Little Rock. (f) (1) The board shall evaluate the director annually. (2) The council shall provide an evaluation report of the division and the director to the board at least annually. Amended by Act 2023, No. 778,§ 1, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 1967, eff. 7/1/2019. Amended by Act 2013, No. 533,§ 1, eff. 8/16/2013. Acts 1977, No. 560, § 23; A.S.A. 1947, § 80-4923; Acts 1997, No. 1114, § 3.

(a) (1) (A) The Arkansas Higher Education Coordinating Board shall appoint a director through a search and selection process that includes substantial input, review, and recommendation from the Presidents Council, subject to confirmation by the Governor. (B) The Director of the Arkansas Higher Education Coordinating Board shall serve at the pleasure of the Governor. (C) The director shall report to the Secretary of the Department of Education. (2) (A) The director and other staff employed by the board shall demonstrate competence in the field of institutional management or agency management, institutional finance, financial aid, or institutional research. (B) The director shall exhibit advanced coordination and communication skills. (C) The duties of staff employed by the board shall include without limitation: (i) Working with institutions of higher education to identify, develop, and maintain best practice strategies for human resource management; (ii) Providing labor market salary surveys as needed; and (iii) Establishing and maintaining the position pools authorized in § 6-63-319 .

(1) (A) The Arkansas Higher Education Coordinating Board shall appoint a director through a search and selection process that includes substantial input, review, and recommendation from the Presidents Council, subject to confirmation by the Governor. (B) The Director of the Arkansas Higher Education Coordinating Board shall serve at the pleasure of the Governor. (C) The director shall report to the Secretary of the Department of Education.

(A) The Arkansas Higher Education Coordinating Board shall appoint a director through a search and selection process that includes substantial input, review, and recommendation from the Presidents Council, subject to confirmation by the Governor.

(B) The Director of the Arkansas Higher Education Coordinating Board shall serve at the pleasure of the Governor.

(C) The director shall report to the Secretary of the Department of Education.

(2) (A) The director and other staff employed by the board shall demonstrate competence in the field of institutional management or agency management, institutional finance, financial aid, or institutional research. (B) The director shall exhibit advanced coordination and communication skills. (C) The duties of staff employed by the board shall include without limitation: (i) Working with institutions of higher education to identify, develop, and maintain best practice strategies for human resource management; (ii) Providing labor market salary surveys as needed; and (iii) Establishing and maintaining the position pools authorized in § 6-63-319 .

(A) The director and other staff employed by the board shall demonstrate competence in the field of institutional management or agency management, institutional finance, financial aid, or institutional research.

(B) The director shall exhibit advanced coordination and communication skills.

(C) The duties of staff employed by the board shall include without limitation: (i) Working with institutions of higher education to identify, develop, and maintain best practice strategies for human resource management; (ii) Providing labor market salary surveys as needed; and (iii) Establishing and maintaining the position pools authorized in § 6-63-319 .

(i) Working with institutions of higher education to identify, develop, and maintain best practice strategies for human resource management;

(ii) Providing labor market salary surveys as needed; and

(iii) Establishing and maintaining the position pools authorized in § 6-63-319 .

(b) The salary of the director and other members of the staff employed by the board or the Department of Education shall be comparable to the positions requiring similar qualifications and experience.

(c) The staff of the board shall be under the direction and supervision of the director.

(d) The board shall be provided sufficient operating funds to enable it to carry out adequately the programs and functions assigned to the Division of Higher Education.

(e) The central office of the division shall be maintained in Little Rock.

(f) (1) The board shall evaluate the director annually. (2) The council shall provide an evaluation report of the division and the director to the board at least annually.

(1) The board shall evaluate the director annually.

(2) The council shall provide an evaluation report of the division and the director to the board at least annually.

Amended by Act 2023, No. 778,§ 1, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 1967, eff. 7/1/2019.

Amended by Act 2013, No. 533,§ 1, eff. 8/16/2013.

Acts 1977, No. 560, § 23; A.S.A. 1947, § 80-4923; Acts 1997, No. 1114, § 3.
Ark. Code Ann. § 6-18-2507 — AR Code / Title 6 / Chapter 18 / Subchapter 25 / Section 6-18-2507
Participating schools and participating service providers - Eligibility - Participation
Status: in_force

(a) To be eligible to participate in the Arkansas Children's Educational Freedom Account Program, a private school shall: (1) (A) Either: (i) Meet accreditation requirements established by the State Board of Education, the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board; or (ii) Be an associate member of or have applied for accreditation by the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board. (B) A private school shall no longer be eligible if: (i) The private school has not received accreditation within four (4) years of becoming eligible; (ii) The state board determines, based on information provided by the accrediting association, that the private school is ineligible or unable to continue the accreditation process; or (iii) It becomes impossible for the private school to obtain accreditation within four (4) years. (C) A private school that becomes ineligible under this section shall regain eligibility when the private school receives accreditation and is approved by the state board; (2) (A) Demonstrate fiscal soundness by having been in operation for at least one (1) school year or providing the Department of Education with a statement by a certified public accountant confirming that the private school is insured and the private school has sufficient capital or credit to operate in the upcoming school year. (B) In lieu of a statement provided under subdivision (a)(2)(A) of this section, a surety bond or letter of credit for the amount equal to the account funds needed by the private school for any quarter may be filed with the department; (3) Certify that it will not discriminate on any basis prohibited by 42 U.S.C. § 2000d , as it existed on January 1, 2023; (4) Remain academically accountable to a parent for meeting the educational needs of his or her participating student; (5) Employ or contract only with teachers who hold at least baccalaureate degrees or have equivalent documented experience; (6) Comply with all applicable state laws and rules governing private schools; (7) Adhere to the tenets of its published disciplinary procedures before expelling a participating student; (8) Meet any other eligibility criteria set by state board rules; (9) Comply with all applicable health and safety laws and rules; (10) Hold valid occupancy of buildings as required by the relevant municipality in which the private school is located; (11) Exclude any individual from employment who may reasonably pose a risk to the appropriate use of funds disbursed under this subchapter; (12) Complete background checks and fingerprinting for any employee working in the private school; and (13) Maintain for audit purposes a background check of all employees. (b) (1) A public school district or open-enrollment public charter school located in the State of Arkansas that previously enrolled a student who is now a participating student under this subchapter shall provide the participating school or participating service provider that has enrolled the student who was previously enrolled in the public school district or open-enrollment public charter school a copy of the participating student's school records to the extent permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , as it existed on January 1, 2023. (2) The requirement under subdivision (b)(1) of this section that a public school district or open-enrollment public charter school in which a participating student was previously enrolled be located in the State of Arkansas does not apply to a student currently participating in the Succeed Scholarship Program, § 6-41-901 et seq. (c) By not later than June 30, 2024, the state board shall adopt rules providing for program eligibility for participating service providers that are not participating schools, including without limitation an application process that is executed, at a minimum, annually for the purpose of determining service provider eligibility. (d) The department shall maintain a list of service providers determined to be eligible to participate in the program and make the list available on the department's website. (e) The department may bar a service provider from accepting payments from accounts and restrict the service provider's ability to serve additional participating students if the department determines that the participating service provider has: (1) Failed to maintain continuing eligibility criteria established by the state board; (2) Demonstrated a gross or persistent lack of academic competence, as defined by the state board; (3) Intentionally or substantially misrepresented information or failed to refund any overpayments in a timely manner, as defined by the state board; or (4) Routinely failed to provide participating students with promised educational goods or services, as defined by the state board. (f) (1) The department shall create procedures to ensure that a fair process exists to determine whether a participating service provider may be barred from receiving payments from accounts under subsection (e) of this section. (2) If the department bars a participating service provider from receiving payments from accounts under this section, it shall notify parents and participating students of its decision within three (3) days of its decision on the department's website and through attempted individual communications. (3) A participating service provider may appeal the department's decision to bar it from receiving payments from accounts to the state board. (g) The following may be subject to review and an audit of funds received related to this subchapter and as directed by the state board: (1) A participating service provider; and (2) A participating school. (h) The state board shall promulgate rules to implement this subchapter. Added by Act 2023, No. 237,§ 42, eff. 3/8/2023.

(a) To be eligible to participate in the Arkansas Children's Educational Freedom Account Program, a private school shall: (1) (A) Either: (i) Meet accreditation requirements established by the State Board of Education, the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board; or (ii) Be an associate member of or have applied for accreditation by the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board. (B) A private school shall no longer be eligible if: (i) The private school has not received accreditation within four (4) years of becoming eligible; (ii) The state board determines, based on information provided by the accrediting association, that the private school is ineligible or unable to continue the accreditation process; or (iii) It becomes impossible for the private school to obtain accreditation within four (4) years. (C) A private school that becomes ineligible under this section shall regain eligibility when the private school receives accreditation and is approved by the state board; (2) (A) Demonstrate fiscal soundness by having been in operation for at least one (1) school year or providing the Department of Education with a statement by a certified public accountant confirming that the private school is insured and the private school has sufficient capital or credit to operate in the upcoming school year. (B) In lieu of a statement provided under subdivision (a)(2)(A) of this section, a surety bond or letter of credit for the amount equal to the account funds needed by the private school for any quarter may be filed with the department; (3) Certify that it will not discriminate on any basis prohibited by 42 U.S.C. § 2000d , as it existed on January 1, 2023; (4) Remain academically accountable to a parent for meeting the educational needs of his or her participating student; (5) Employ or contract only with teachers who hold at least baccalaureate degrees or have equivalent documented experience; (6) Comply with all applicable state laws and rules governing private schools; (7) Adhere to the tenets of its published disciplinary procedures before expelling a participating student; (8) Meet any other eligibility criteria set by state board rules; (9) Comply with all applicable health and safety laws and rules; (10) Hold valid occupancy of buildings as required by the relevant municipality in which the private school is located; (11) Exclude any individual from employment who may reasonably pose a risk to the appropriate use of funds disbursed under this subchapter; (12) Complete background checks and fingerprinting for any employee working in the private school; and (13) Maintain for audit purposes a background check of all employees.

(1) (A) Either: (i) Meet accreditation requirements established by the State Board of Education, the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board; or (ii) Be an associate member of or have applied for accreditation by the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board. (B) A private school shall no longer be eligible if: (i) The private school has not received accreditation within four (4) years of becoming eligible; (ii) The state board determines, based on information provided by the accrediting association, that the private school is ineligible or unable to continue the accreditation process; or (iii) It becomes impossible for the private school to obtain accreditation within four (4) years. (C) A private school that becomes ineligible under this section shall regain eligibility when the private school receives accreditation and is approved by the state board;

(A) Either: (i) Meet accreditation requirements established by the State Board of Education, the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board; or (ii) Be an associate member of or have applied for accreditation by the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board.

(i) Meet accreditation requirements established by the State Board of Education, the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board; or

(ii) Be an associate member of or have applied for accreditation by the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board.

(B) A private school shall no longer be eligible if: (i) The private school has not received accreditation within four (4) years of becoming eligible; (ii) The state board determines, based on information provided by the accrediting association, that the private school is ineligible or unable to continue the accreditation process; or (iii) It becomes impossible for the private school to obtain accreditation within four (4) years.

(i) The private school has not received accreditation within four (4) years of becoming eligible;

(ii) The state board determines, based on information provided by the accrediting association, that the private school is ineligible or unable to continue the accreditation process; or

(iii) It becomes impossible for the private school to obtain accreditation within four (4) years.

(C) A private school that becomes ineligible under this section shall regain eligibility when the private school receives accreditation and is approved by the state board;

(2) (A) Demonstrate fiscal soundness by having been in operation for at least one (1) school year or providing the Department of Education with a statement by a certified public accountant confirming that the private school is insured and the private school has sufficient capital or credit to operate in the upcoming school year. (B) In lieu of a statement provided under subdivision (a)(2)(A) of this section, a surety bond or letter of credit for the amount equal to the account funds needed by the private school for any quarter may be filed with the department;

(A) Demonstrate fiscal soundness by having been in operation for at least one (1) school year or providing the Department of Education with a statement by a certified public accountant confirming that the private school is insured and the private school has sufficient capital or credit to operate in the upcoming school year.

(B) In lieu of a statement provided under subdivision (a)(2)(A) of this section, a surety bond or letter of credit for the amount equal to the account funds needed by the private school for any quarter may be filed with the department;

(3) Certify that it will not discriminate on any basis prohibited by 42 U.S.C. § 2000d , as it existed on January 1, 2023;

(4) Remain academically accountable to a parent for meeting the educational needs of his or her participating student;

(5) Employ or contract only with teachers who hold at least baccalaureate degrees or have equivalent documented experience;

(6) Comply with all applicable state laws and rules governing private schools;

(7) Adhere to the tenets of its published disciplinary procedures before expelling a participating student;

(8) Meet any other eligibility criteria set by state board rules;

(9) Comply with all applicable health and safety laws and rules;

(10) Hold valid occupancy of buildings as required by the relevant municipality in which the private school is located;

(11) Exclude any individual from employment who may reasonably pose a risk to the appropriate use of funds disbursed under this subchapter;

(12) Complete background checks and fingerprinting for any employee working in the private school; and

(13) Maintain for audit purposes a background check of all employees.

(b) (1) A public school district or open-enrollment public charter school located in the State of Arkansas that previously enrolled a student who is now a participating student under this subchapter shall provide the participating school or participating service provider that has enrolled the student who was previously enrolled in the public school district or open-enrollment public charter school a copy of the participating student's school records to the extent permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , as it existed on January 1, 2023. (2) The requirement under subdivision (b)(1) of this section that a public school district or open-enrollment public charter school in which a participating student was previously enrolled be located in the State of Arkansas does not apply to a student currently participating in the Succeed Scholarship Program, § 6-41-901 et seq.

(1) A public school district or open-enrollment public charter school located in the State of Arkansas that previously enrolled a student who is now a participating student under this subchapter shall provide the participating school or participating service provider that has enrolled the student who was previously enrolled in the public school district or open-enrollment public charter school a copy of the participating student's school records to the extent permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , as it existed on January 1, 2023.

(2) The requirement under subdivision (b)(1) of this section that a public school district or open-enrollment public charter school in which a participating student was previously enrolled be located in the State of Arkansas does not apply to a student currently participating in the Succeed Scholarship Program, § 6-41-901 et seq.

(c) By not later than June 30, 2024, the state board shall adopt rules providing for program eligibility for participating service providers that are not participating schools, including without limitation an application process that is executed, at a minimum, annually for the purpose of determining service provider eligibility.

(d) The department shall maintain a list of service providers determined to be eligible to participate in the program and make the list available on the department's website.

(e) The department may bar a service provider from accepting payments from accounts and restrict the service provider's ability to serve additional participating students if the department determines that the participating service provider has: (1) Failed to maintain continuing eligibility criteria established by the state board; (2) Demonstrated a gross or persistent lack of academic competence, as defined by the state board; (3) Intentionally or substantially misrepresented information or failed to refund any overpayments in a timely manner, as defined by the state board; or (4) Routinely failed to provide participating students with promised educational goods or services, as defined by the state board.

(1) Failed to maintain continuing eligibility criteria established by the state board;

(2) Demonstrated a gross or persistent lack of academic competence, as defined by the state board;

(3) Intentionally or substantially misrepresented information or failed to refund any overpayments in a timely manner, as defined by the state board; or

(4) Routinely failed to provide participating students with promised educational goods or services, as defined by the state board.

(f) (1) The department shall create procedures to ensure that a fair process exists to determine whether a participating service provider may be barred from receiving payments from accounts under subsection (e) of this section. (2) If the department bars a participating service provider from receiving payments from accounts under this section, it shall notify parents and participating students of its decision within three (3) days of its decision on the department's website and through attempted individual communications. (3) A participating service provider may appeal the department's decision to bar it from receiving payments from accounts to the state board.

(1) The department shall create procedures to ensure that a fair process exists to determine whether a participating service provider may be barred from receiving payments from accounts under subsection (e) of this section.

(2) If the department bars a participating service provider from receiving payments from accounts under this section, it shall notify parents and participating students of its decision within three (3) days of its decision on the department's website and through attempted individual communications.

(3) A participating service provider may appeal the department's decision to bar it from receiving payments from accounts to the state board.

(g) The following may be subject to review and an audit of funds received related to this subchapter and as directed by the state board: (1) A participating service provider; and (2) A participating school.

(1) A participating service provider; and

(2) A participating school.

(h) The state board shall promulgate rules to implement this subchapter.

Added by Act 2023, No. 237,§ 42, eff. 3/8/2023.
Ark. Code Ann. § 6-13-808 — AR Code / Title 6 / Chapter 13 / Subchapter 8 / Section 6-13-808
The Arkansas Traveling Teacher Program
Status: in_force

(a) The Arkansas Traveling Teacher Program is hereby established and shall be administered by the Division of Elementary and Secondary Education with the assistance of public school districts and education service cooperatives. (b) (1) Pursuant to the provisions of this section, and to the extent sufficient funding is available, the following persons and public school districts may enter into an agreement to provide traveling teacher services for one (1) or more receiving school districts for one (1) or more courses required by the Standards for Accreditation of Arkansas Public Schools and School Districts and any Advanced Placement courses required by § 6-16-1204 : (A) A traveling teacher who is appropriately licensed in Arkansas as a teacher and employed on a full-time equivalent basis by a host school district; (B) A host school district that is an Arkansas public school district with a student population of eight thousand (8,000) students or fewer and that desires to provide traveling teacher services to a receiving school district; and (C) A receiving school district that is a public school district other than the host school district and that desires to receive traveling teacher services. (2) The parties shall enter into a written agreement, in the form established by the division, that shall include without limitation the following: (A) That the traveling teacher is to provide professional teaching services to the receiving school district for one (1) or more required courses; (B) The amount of the bonus to be provided to the traveling teacher under subdivision (c)(1)(A) of this section; (C) For each course to be taught under the agreement: (i) A description of the course; (ii) The time and day for teaching each course; and (iii) The exact location where the course will be taught; (D) (i) Whether the agreement is for a school semester or a school year. (ii) No agreement shall be for a time period longer than a school year or shorter than a school semester; (E) (i) That the receiving school district will reimburse the host school district for the time the traveling teacher is not working in the host school district. (ii) The reimbursement shall be the receiving school district's pro rata share of the traveling teacher's time based on the hourly rate of the traveling teacher's contract with the host school district; (F) That at all times during the period of the agreement, the traveling teacher is an employee of the host school district and is subject to the personnel policies and contractual obligations of the host school district; and (G) (i) That sufficient time will be allowed for the traveling teacher to travel to and from the host school district and the receiving school district. (ii) The division shall not approve an agreement under this section unless the agreement requires the traveling teacher to be physically present in the receiving school district while the traveling teacher is teaching any course specified in the agreement. (3) The agreement shall be reviewed and approved by the division under subsection (f) of this section. (c) To the extent the agreement is approved by the division: (1) (A) Upon completion of the traveling teacher's services provided under the agreement and under the terms of the agreement, the host school district shall pay the traveling teacher, in addition to the amount required by the teacher's annual teacher's contract with the host school district a bonus of either: (i) Two thousand dollars ($2,000) for a semester agreement; or (ii) Four thousand dollars ($4,000) for a full school year agreement. (B) The division shall reimburse the host school district for the amount of bonus paid to the traveling teacher; and (2) (A) The host school district shall reimburse the traveling teacher for expenses related to travel to and from a receiving school district at the appropriate state rate of reimbursement in existence and approved by the Department of Finance and Administration for the school year in which the traveling teacher's services are provided. (B) The division shall reimburse the host school district for the amount of travel reimbursement paid by the host school district to the traveling teacher. (d) Neither the division nor the State of Arkansas shall be obligated or liable to reimburse any bonus or travel expenses incurred under an agreement for traveling teacher services under this section if the division has not reviewed and approved the entire agreement. (e) The division may, if feasible and if funding is available, establish an online registry of public school teachers willing to enter into an agreement for traveling teacher services under this section with information concerning the teacher's employing school district and any course the teacher is qualified to teach. (f) (1) All proposed agreements among a host school district, a receiving school district, and a traveling teacher shall be submitted to the division by a date certain for review and approval by the division. (2) The division shall review each agreement with all requisite authority to approve or deny the agreement based on the provisions of law, rule, availability of funding, and discretionary determination as to the best use of state resources and funding. (3) The division shall endeavor to consider approval of an agreement to: (A) Place a traveling teacher with a receiving school district to maximize the efficiency of the traveling teacher's service to both the host and receiving school districts; and (B) Minimize the extent and duration of any travel required. (g) (1) The division shall establish any rules and agreement forms necessary for the administration of the Arkansas Traveling Teacher Program. (2) In establishing the rules, the division shall: (A) Prioritize the approval of agreements for traveling teacher services based on subject-area course needs; (B) Establish appropriate travel limitations; (C) Develop a method of equitable distribution of traveling teachers among the area's education service cooperatives; and (D) Provide a means by which education service cooperatives may assist in facilitating traveling teachers. (h) No provision of this section is intended or should be interpreted to waive any immunity or defense of the State of Arkansas or its various agencies, boards, or commissions and no person shall be deemed to have any legal entitlement, recourse, or cause of action against the State of Arkansas or its various agencies, boards, or commissions based on the terms, conditions, or provisions of this section. (i) [Repealed.] Amended by Act 2023, No. 237,§ 7, eff. 6/30/2023. Amended by Act 2019, No. 910,§ 1130, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1129, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1128, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1127, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1126, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1125, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1124, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1123, eff. 7/1/2019. Acts 2007, No. 1027, § 1.

(a) The Arkansas Traveling Teacher Program is hereby established and shall be administered by the Division of Elementary and Secondary Education with the assistance of public school districts and education service cooperatives.

(b) (1) Pursuant to the provisions of this section, and to the extent sufficient funding is available, the following persons and public school districts may enter into an agreement to provide traveling teacher services for one (1) or more receiving school districts for one (1) or more courses required by the Standards for Accreditation of Arkansas Public Schools and School Districts and any Advanced Placement courses required by § 6-16-1204 : (A) A traveling teacher who is appropriately licensed in Arkansas as a teacher and employed on a full-time equivalent basis by a host school district; (B) A host school district that is an Arkansas public school district with a student population of eight thousand (8,000) students or fewer and that desires to provide traveling teacher services to a receiving school district; and (C) A receiving school district that is a public school district other than the host school district and that desires to receive traveling teacher services. (2) The parties shall enter into a written agreement, in the form established by the division, that shall include without limitation the following: (A) That the traveling teacher is to provide professional teaching services to the receiving school district for one (1) or more required courses; (B) The amount of the bonus to be provided to the traveling teacher under subdivision (c)(1)(A) of this section; (C) For each course to be taught under the agreement: (i) A description of the course; (ii) The time and day for teaching each course; and (iii) The exact location where the course will be taught; (D) (i) Whether the agreement is for a school semester or a school year. (ii) No agreement shall be for a time period longer than a school year or shorter than a school semester; (E) (i) That the receiving school district will reimburse the host school district for the time the traveling teacher is not working in the host school district. (ii) The reimbursement shall be the receiving school district's pro rata share of the traveling teacher's time based on the hourly rate of the traveling teacher's contract with the host school district; (F) That at all times during the period of the agreement, the traveling teacher is an employee of the host school district and is subject to the personnel policies and contractual obligations of the host school district; and (G) (i) That sufficient time will be allowed for the traveling teacher to travel to and from the host school district and the receiving school district. (ii) The division shall not approve an agreement under this section unless the agreement requires the traveling teacher to be physically present in the receiving school district while the traveling teacher is teaching any course specified in the agreement. (3) The agreement shall be reviewed and approved by the division under subsection (f) of this section.

(1) Pursuant to the provisions of this section, and to the extent sufficient funding is available, the following persons and public school districts may enter into an agreement to provide traveling teacher services for one (1) or more receiving school districts for one (1) or more courses required by the Standards for Accreditation of Arkansas Public Schools and School Districts and any Advanced Placement courses required by § 6-16-1204 : (A) A traveling teacher who is appropriately licensed in Arkansas as a teacher and employed on a full-time equivalent basis by a host school district; (B) A host school district that is an Arkansas public school district with a student population of eight thousand (8,000) students or fewer and that desires to provide traveling teacher services to a receiving school district; and (C) A receiving school district that is a public school district other than the host school district and that desires to receive traveling teacher services.

(A) A traveling teacher who is appropriately licensed in Arkansas as a teacher and employed on a full-time equivalent basis by a host school district;

(B) A host school district that is an Arkansas public school district with a student population of eight thousand (8,000) students or fewer and that desires to provide traveling teacher services to a receiving school district; and

(C) A receiving school district that is a public school district other than the host school district and that desires to receive traveling teacher services.

(2) The parties shall enter into a written agreement, in the form established by the division, that shall include without limitation the following: (A) That the traveling teacher is to provide professional teaching services to the receiving school district for one (1) or more required courses; (B) The amount of the bonus to be provided to the traveling teacher under subdivision (c)(1)(A) of this section; (C) For each course to be taught under the agreement: (i) A description of the course; (ii) The time and day for teaching each course; and (iii) The exact location where the course will be taught; (D) (i) Whether the agreement is for a school semester or a school year. (ii) No agreement shall be for a time period longer than a school year or shorter than a school semester; (E) (i) That the receiving school district will reimburse the host school district for the time the traveling teacher is not working in the host school district. (ii) The reimbursement shall be the receiving school district's pro rata share of the traveling teacher's time based on the hourly rate of the traveling teacher's contract with the host school district; (F) That at all times during the period of the agreement, the traveling teacher is an employee of the host school district and is subject to the personnel policies and contractual obligations of the host school district; and (G) (i) That sufficient time will be allowed for the traveling teacher to travel to and from the host school district and the receiving school district. (ii) The division shall not approve an agreement under this section unless the agreement requires the traveling teacher to be physically present in the receiving school district while the traveling teacher is teaching any course specified in the agreement.

(A) That the traveling teacher is to provide professional teaching services to the receiving school district for one (1) or more required courses;

(B) The amount of the bonus to be provided to the traveling teacher under subdivision (c)(1)(A) of this section;

(C) For each course to be taught under the agreement: (i) A description of the course; (ii) The time and day for teaching each course; and (iii) The exact location where the course will be taught;

(i) A description of the course;

(ii) The time and day for teaching each course; and

(iii) The exact location where the course will be taught;

(D) (i) Whether the agreement is for a school semester or a school year. (ii) No agreement shall be for a time period longer than a school year or shorter than a school semester;

(i) Whether the agreement is for a school semester or a school year.

(ii) No agreement shall be for a time period longer than a school year or shorter than a school semester;

(E) (i) That the receiving school district will reimburse the host school district for the time the traveling teacher is not working in the host school district. (ii) The reimbursement shall be the receiving school district's pro rata share of the traveling teacher's time based on the hourly rate of the traveling teacher's contract with the host school district;

(i) That the receiving school district will reimburse the host school district for the time the traveling teacher is not working in the host school district.

(ii) The reimbursement shall be the receiving school district's pro rata share of the traveling teacher's time based on the hourly rate of the traveling teacher's contract with the host school district;

(F) That at all times during the period of the agreement, the traveling teacher is an employee of the host school district and is subject to the personnel policies and contractual obligations of the host school district; and

(G) (i) That sufficient time will be allowed for the traveling teacher to travel to and from the host school district and the receiving school district. (ii) The division shall not approve an agreement under this section unless the agreement requires the traveling teacher to be physically present in the receiving school district while the traveling teacher is teaching any course specified in the agreement.

(i) That sufficient time will be allowed for the traveling teacher to travel to and from the host school district and the receiving school district.

(ii) The division shall not approve an agreement under this section unless the agreement requires the traveling teacher to be physically present in the receiving school district while the traveling teacher is teaching any course specified in the agreement.

(3) The agreement shall be reviewed and approved by the division under subsection (f) of this section.

(c) To the extent the agreement is approved by the division: (1) (A) Upon completion of the traveling teacher's services provided under the agreement and under the terms of the agreement, the host school district shall pay the traveling teacher, in addition to the amount required by the teacher's annual teacher's contract with the host school district a bonus of either: (i) Two thousand dollars ($2,000) for a semester agreement; or (ii) Four thousand dollars ($4,000) for a full school year agreement. (B) The division shall reimburse the host school district for the amount of bonus paid to the traveling teacher; and (2) (A) The host school district shall reimburse the traveling teacher for expenses related to travel to and from a receiving school district at the appropriate state rate of reimbursement in existence and approved by the Department of Finance and Administration for the school year in which the traveling teacher's services are provided. (B) The division shall reimburse the host school district for the amount of travel reimbursement paid by the host school district to the traveling teacher.

(1) (A) Upon completion of the traveling teacher's services provided under the agreement and under the terms of the agreement, the host school district shall pay the traveling teacher, in addition to the amount required by the teacher's annual teacher's contract with the host school district a bonus of either: (i) Two thousand dollars ($2,000) for a semester agreement; or (ii) Four thousand dollars ($4,000) for a full school year agreement. (B) The division shall reimburse the host school district for the amount of bonus paid to the traveling teacher; and

(A) Upon completion of the traveling teacher's services provided under the agreement and under the terms of the agreement, the host school district shall pay the traveling teacher, in addition to the amount required by the teacher's annual teacher's contract with the host school district a bonus of either: (i) Two thousand dollars ($2,000) for a semester agreement; or (ii) Four thousand dollars ($4,000) for a full school year agreement.

(i) Two thousand dollars ($2,000) for a semester agreement; or

(ii) Four thousand dollars ($4,000) for a full school year agreement.

(B) The division shall reimburse the host school district for the amount of bonus paid to the traveling teacher; and

(2) (A) The host school district shall reimburse the traveling teacher for expenses related to travel to and from a receiving school district at the appropriate state rate of reimbursement in existence and approved by the Department of Finance and Administration for the school year in which the traveling teacher's services are provided. (B) The division shall reimburse the host school district for the amount of travel reimbursement paid by the host school district to the traveling teacher.

(A) The host school district shall reimburse the traveling teacher for expenses related to travel to and from a receiving school district at the appropriate state rate of reimbursement in existence and approved by the Department of Finance and Administration for the school year in which the traveling teacher's services are provided.

(B) The division shall reimburse the host school district for the amount of travel reimbursement paid by the host school district to the traveling teacher.

(d) Neither the division nor the State of Arkansas shall be obligated or liable to reimburse any bonus or travel expenses incurred under an agreement for traveling teacher services under this section if the division has not reviewed and approved the entire agreement.

(e) The division may, if feasible and if funding is available, establish an online registry of public school teachers willing to enter into an agreement for traveling teacher services under this section with information concerning the teacher's employing school district and any course the teacher is qualified to teach.

(f) (1) All proposed agreements among a host school district, a receiving school district, and a traveling teacher shall be submitted to the division by a date certain for review and approval by the division. (2) The division shall review each agreement with all requisite authority to approve or deny the agreement based on the provisions of law, rule, availability of funding, and discretionary determination as to the best use of state resources and funding. (3) The division shall endeavor to consider approval of an agreement to: (A) Place a traveling teacher with a receiving school district to maximize the efficiency of the traveling teacher's service to both the host and receiving school districts; and (B) Minimize the extent and duration of any travel required.

(1) All proposed agreements among a host school district, a receiving school district, and a traveling teacher shall be submitted to the division by a date certain for review and approval by the division.

(2) The division shall review each agreement with all requisite authority to approve or deny the agreement based on the provisions of law, rule, availability of funding, and discretionary determination as to the best use of state resources and funding.

(3) The division shall endeavor to consider approval of an agreement to: (A) Place a traveling teacher with a receiving school district to maximize the efficiency of the traveling teacher's service to both the host and receiving school districts; and (B) Minimize the extent and duration of any travel required.

(A) Place a traveling teacher with a receiving school district to maximize the efficiency of the traveling teacher's service to both the host and receiving school districts; and

(B) Minimize the extent and duration of any travel required.

(g) (1) The division shall establish any rules and agreement forms necessary for the administration of the Arkansas Traveling Teacher Program. (2) In establishing the rules, the division shall: (A) Prioritize the approval of agreements for traveling teacher services based on subject-area course needs; (B) Establish appropriate travel limitations; (C) Develop a method of equitable distribution of traveling teachers among the area's education service cooperatives; and (D) Provide a means by which education service cooperatives may assist in facilitating traveling teachers.

(1) The division shall establish any rules and agreement forms necessary for the administration of the Arkansas Traveling Teacher Program.

(2) In establishing the rules, the division shall: (A) Prioritize the approval of agreements for traveling teacher services based on subject-area course needs; (B) Establish appropriate travel limitations; (C) Develop a method of equitable distribution of traveling teachers among the area's education service cooperatives; and (D) Provide a means by which education service cooperatives may assist in facilitating traveling teachers.

(A) Prioritize the approval of agreements for traveling teacher services based on subject-area course needs;

(B) Establish appropriate travel limitations;

(C) Develop a method of equitable distribution of traveling teachers among the area's education service cooperatives; and

(D) Provide a means by which education service cooperatives may assist in facilitating traveling teachers.

(h) No provision of this section is intended or should be interpreted to waive any immunity or defense of the State of Arkansas or its various agencies, boards, or commissions and no person shall be deemed to have any legal entitlement, recourse, or cause of action against the State of Arkansas or its various agencies, boards, or commissions based on the terms, conditions, or provisions of this section.

(i) [Repealed.]

Amended by Act 2023, No. 237,§ 7, eff. 6/30/2023.

Amended by Act 2019, No. 910,§ 1130, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1129, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1128, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1127, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1126, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1125, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1124, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1123, eff. 7/1/2019.

Acts 2007, No. 1027, § 1.
Ark. Code Ann. § 6-53-209 — AR Code / Title 6 / Chapter 53 / Subchapter 2 / Section 6-53-209
Interim accreditation and governance
Status: in_force

(a) The Arkansas Higher Education Coordinating Board may act as the legal entity, governing board, and receiver of all property for any institution not accredited by an accrediting agency recognized by the United States Department of Education and seeking merger or consolidation with an existing institution of higher education during the interim period when approval of institutional change from an accrediting agency recognized by the United States Department of Education is being sought. (b) Upon approval by an accrediting agency recognized by the United States Department of Education, all records, personnel, property, unexpended balances, and all legal authority shall pass from the Arkansas Higher Education Coordinating Board to the legal entity governing the newly merged or consolidated institution. (c) The Arkansas Higher Education Coordinating Board may provide accreditation for a period of up to six (6) years to an institution governed by the Arkansas Higher Education Coordinating Board. (d) (1) Until the Arkansas Higher Education Coordinating Board approves associate of applied science degrees for the institutions identified in § 6-53-301(a) , no change in the educational mission of those institutions is intended or authorized by this chapter. (2) The Career Education and Workforce Development Board shall show cause why accreditation of an institution should not be continued and provide twelve (12) months' notice of any action to withdraw accreditation of an institution. (e) A postsecondary vocational-technical school other than those listed in §§ 6-53-301 and 6-53-404 that receives approval from the Arkansas Higher Education Coordinating Board and the General Assembly to begin the process of consolidation or merger with an existing institution of higher education shall be governed by the Arkansas Higher Education Coordinating Board under this section and § 6-53-302(f), (h), and (i) pending approval of the merger or consolidation from an accrediting agency recognized by the United States Department of Education. (f) If a consolidation plan is not approved by an accrediting agency recognized by the United States Department of Education, § 6-53-301(f) shall apply to the postsecondary vocational-technical school or technical college seeking merger or consolidation with an institution of higher education. Amended by Act 2015, No. 865,§ 4, eff. 7/22/2015. Acts 1991, No. 1244, § 18.

(a) The Arkansas Higher Education Coordinating Board may act as the legal entity, governing board, and receiver of all property for any institution not accredited by an accrediting agency recognized by the United States Department of Education and seeking merger or consolidation with an existing institution of higher education during the interim period when approval of institutional change from an accrediting agency recognized by the United States Department of Education is being sought.

(b) Upon approval by an accrediting agency recognized by the United States Department of Education, all records, personnel, property, unexpended balances, and all legal authority shall pass from the Arkansas Higher Education Coordinating Board to the legal entity governing the newly merged or consolidated institution.

(c) The Arkansas Higher Education Coordinating Board may provide accreditation for a period of up to six (6) years to an institution governed by the Arkansas Higher Education Coordinating Board.

(d) (1) Until the Arkansas Higher Education Coordinating Board approves associate of applied science degrees for the institutions identified in § 6-53-301(a) , no change in the educational mission of those institutions is intended or authorized by this chapter. (2) The Career Education and Workforce Development Board shall show cause why accreditation of an institution should not be continued and provide twelve (12) months' notice of any action to withdraw accreditation of an institution.

(1) Until the Arkansas Higher Education Coordinating Board approves associate of applied science degrees for the institutions identified in § 6-53-301(a) , no change in the educational mission of those institutions is intended or authorized by this chapter.

(2) The Career Education and Workforce Development Board shall show cause why accreditation of an institution should not be continued and provide twelve (12) months' notice of any action to withdraw accreditation of an institution.

(e) A postsecondary vocational-technical school other than those listed in §§ 6-53-301 and 6-53-404 that receives approval from the Arkansas Higher Education Coordinating Board and the General Assembly to begin the process of consolidation or merger with an existing institution of higher education shall be governed by the Arkansas Higher Education Coordinating Board under this section and § 6-53-302(f), (h), and (i) pending approval of the merger or consolidation from an accrediting agency recognized by the United States Department of Education.

(f) If a consolidation plan is not approved by an accrediting agency recognized by the United States Department of Education, § 6-53-301(f) shall apply to the postsecondary vocational-technical school or technical college seeking merger or consolidation with an institution of higher education.

Amended by Act 2015, No. 865,§ 4, eff. 7/22/2015.

Acts 1991, No. 1244, § 18.
Ark. Code Ann. § 6-43-302 — AR Code / Title 6 / Chapter 43 / Subchapter 3 / Section 6-43-302
Real and personal property
Status: in_force

(a) The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf may take and hold in trust for the state to the use of the Arkansas School for the Deaf any lands conveyed or devised and any money or other personal property given or bequeathed, to be applied to the use and benefit of the school. (b) All property pertaining to the Arkansas School for the Deaf shall be exempt from taxation. Acts 1868, No. 36, §§ 4, 22, p. 115; 1869 (Adj. Sess.), No. 66, § 1, p. 132; C. & M. Dig., §§ 9344, 9358; Pope's Dig., §§ 12809, 12823; A.S.A. 1947, §§ 80-2303, 80-2304.

(a) The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf may take and hold in trust for the state to the use of the Arkansas School for the Deaf any lands conveyed or devised and any money or other personal property given or bequeathed, to be applied to the use and benefit of the school.

(b) All property pertaining to the Arkansas School for the Deaf shall be exempt from taxation.

Acts 1868, No. 36, §§ 4, 22, p. 115; 1869 (Adj. Sess.), No. 66, § 1, p. 132; C. & M. Dig., §§ 9344, 9358; Pope's Dig., §§ 12809, 12823; A.S.A. 1947, §§ 80-2303, 80-2304.
Ark. Code Ann. § 6-18-717 — AR Code / Title 6 / Chapter 18 / Subchapter 7 / Section 6-18-717
Feminine hygiene products - Required to be provided - Definition
Status: in_force

(a) A public school or open-enrollment public charter school serving students in grades six through twelve (6-12) shall inform public school students of the availability of feminine hygiene products at no charge from the public school or open-enrollment public charter school in a specified location in the public school or open-enrollment public charter school. (b) As used in this section, "feminine hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle. Added by Act 2021, No. 933,§ 1, eff. 7/28/2021.

(a) A public school or open-enrollment public charter school serving students in grades six through twelve (6-12) shall inform public school students of the availability of feminine hygiene products at no charge from the public school or open-enrollment public charter school in a specified location in the public school or open-enrollment public charter school.

(b) As used in this section, "feminine hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle.

Added by Act 2021, No. 933,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 6-13-635 — AR Code / Title 6 / Chapter 13 / Subchapter 6 / Section 6-13-635
[Repealed]
Status: repealed

Repealed by Act 2023, No. 418,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 237,§ 5, eff. 3/8/2023. Amended by Act 2019, No. 910,§ 1118, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1117, eff. 7/1/2019. Added by Act 2013, No. 1120,§ 1, eff. 8/16/2013.

Repealed by Act 2023, No. 418,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 237,§ 5, eff. 3/8/2023.

Amended by Act 2019, No. 910,§ 1118, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1117, eff. 7/1/2019.

Added by Act 2013, No. 1120,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 6-13-1601 — AR Code / Title 6 / Chapter 13 / Subchapter 16 / Section 6-13-1601
Definitions
Status: in_force

As used in this subchapter: (1) "Administrative annexation" means the joining of an affected district or a part of the school district with a receiving district; (2) "Administrative consolidation" means the joining of two (2) or more school districts to create a new single school district with one (1) administrative unit and one (1) board of directors that is not required to close school facilities; (3) "Affected district" means a school district that loses territory or students as a result of administrative annexation or administrative consolidation; (4) "Average daily membership" has the same meaning as defined in § 6-20-2303 ; (5) "Receiving district" means a school district or districts that receive territory or students, or both, from an affected district as a result of administrative annexation; and (6) "Resulting district" means the new school district created from an affected district or affected districts as a result of administrative consolidation. Amended by Act 2013, No. 1073,§ 12, eff. 8/16/2013. Acts 2003 (2nd Ex. Sess.), No. 60, § 3; 2005, No. 2151, § 21.

As used in this subchapter:

(1) "Administrative annexation" means the joining of an affected district or a part of the school district with a receiving district;

(2) "Administrative consolidation" means the joining of two (2) or more school districts to create a new single school district with one (1) administrative unit and one (1) board of directors that is not required to close school facilities;

(3) "Affected district" means a school district that loses territory or students as a result of administrative annexation or administrative consolidation;

(4) "Average daily membership" has the same meaning as defined in § 6-20-2303 ;

(5) "Receiving district" means a school district or districts that receive territory or students, or both, from an affected district as a result of administrative annexation; and

(6) "Resulting district" means the new school district created from an affected district or affected districts as a result of administrative consolidation.

Amended by Act 2013, No. 1073,§ 12, eff. 8/16/2013.

Acts 2003 (2nd Ex. Sess.), No. 60, § 3; 2005, No. 2151, § 21.
Ark. Code Ann. § 6-61-524 — AR Code / Title 6 / Chapter 61 / Subchapter 5 / Section 6-61-524
Agreements for sharing of facilities, personnel, and services
Status: in_force

(a) Community colleges established under the authority of Arkansas Constitution, Amendment 52 and the laws enacted pursuant thereto, are authorized, upon application, review, and approval thereof by the State Community College Board, to enter into agreements with any postsecondary educational institution, or with agencies or institutions of this state, of any city or county, or of the United States Government for the sharing of facilities, personnel, or services or the providing and furnishing of services for such duration and under such conditions and financial arrangements therefor as are not inconsistent with the purposes for which the community colleges are established. (b) In addition to the powers enumerated in this subchapter, it is the specific intention of this section, §§ 6-61-101 - 6-61-103 , §§ 6-61-201 - 6-61-209 , § 6-61-211 [repealed], §§ 6-61-212 - 6-61-216 , §§ 6-61-301 - 6-61-305 , § 6-61-306 [repealed], § 6-61-401 , § 6-61-402 , §§ 6-61-501 - 6-61-523 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed] to authorize community colleges, upon application, review, and approval by the State Community College Board, to enter into agreements with the State Board of Career Education for the sharing of facilities, personnel, and services of vocational and technical schools of this state whereby, at a single location, community college instruction, including vocational and technical training, may be offered. The agreements shall include means of financing the sharing of such facilities, personnel, or services, provided, that the community college and the vocational and technical school shall each receive financial support in the manner provided by law. Acts 1977, No. 560, § 16; A.S.A. 1947, § 80-4916.

(a) Community colleges established under the authority of Arkansas Constitution, Amendment 52 and the laws enacted pursuant thereto, are authorized, upon application, review, and approval thereof by the State Community College Board, to enter into agreements with any postsecondary educational institution, or with agencies or institutions of this state, of any city or county, or of the United States Government for the sharing of facilities, personnel, or services or the providing and furnishing of services for such duration and under such conditions and financial arrangements therefor as are not inconsistent with the purposes for which the community colleges are established.

(b) In addition to the powers enumerated in this subchapter, it is the specific intention of this section, §§ 6-61-101 - 6-61-103 , §§ 6-61-201 - 6-61-209 , § 6-61-211 [repealed], §§ 6-61-212 - 6-61-216 , §§ 6-61-301 - 6-61-305 , § 6-61-306 [repealed], § 6-61-401 , § 6-61-402 , §§ 6-61-501 - 6-61-523 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed] to authorize community colleges, upon application, review, and approval by the State Community College Board, to enter into agreements with the State Board of Career Education for the sharing of facilities, personnel, and services of vocational and technical schools of this state whereby, at a single location, community college instruction, including vocational and technical training, may be offered. The agreements shall include means of financing the sharing of such facilities, personnel, or services, provided, that the community college and the vocational and technical school shall each receive financial support in the manner provided by law.

Acts 1977, No. 560, § 16; A.S.A. 1947, § 80-4916.
Ark. Code Ann. § 6-16-1403 — AR Code / Title 6 / Chapter 16 / Subchapter 14 / Section 6-16-1403
Digital learning - Approved provider list - Definition
Status: in_force

(a) (1) As used in this subchapter, "digital learning" means a digital technology or internet-based educational delivery model that does not rely exclusively on compressed interactive video. (2) Digital learning services may be procured from both in-state and out-of-state digital learning providers. (b) The Division of Elementary and Secondary Education shall annually publish a list of approved course choice providers that offer digital learning services. Amended by Act 2023, No. 237,§ 17, eff. 3/8/2023. Amended by Act 2019, No. 910,§ 1354, eff. 7/1/2019. Added by Act 2013, No. 1280,§ 1, eff. 8/16/2013.

(a) (1) As used in this subchapter, "digital learning" means a digital technology or internet-based educational delivery model that does not rely exclusively on compressed interactive video. (2) Digital learning services may be procured from both in-state and out-of-state digital learning providers.

(1) As used in this subchapter, "digital learning" means a digital technology or internet-based educational delivery model that does not rely exclusively on compressed interactive video.

(2) Digital learning services may be procured from both in-state and out-of-state digital learning providers.

(b) The Division of Elementary and Secondary Education shall annually publish a list of approved course choice providers that offer digital learning services.

Amended by Act 2023, No. 237,§ 17, eff. 3/8/2023.

Amended by Act 2019, No. 910,§ 1354, eff. 7/1/2019.

Added by Act 2013, No. 1280,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 6-61-1501 — AR Code / Title 6 / Chapter 61 / Subchapter 15 / Section 6-61-1501
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 14, eff. 7/1/2023. Acts 2011, No. 1232, § 2.

Repealed by Act 2023, No. 365,§ 14, eff. 7/1/2023.

Acts 2011, No. 1232, § 2.
Ark. Code Ann. § 6-66-101 — AR Code / Title 6 / Chapter 66 / Section 6-66-101
[Repealed]
Status: repealed

Repealed by Act 2021, No. 18,§ 17, eff. 2/1/2021. Acts 1929, No. 46, §§ 6, 7; Pope's Dig., §§ 13111, 13112; Acts 1941, No. 128, § 6; 1943, No. 1, §§ 2, 4-7; A.S.A. 1947, §§ 7-201, 7-203, 7-204 -- 7-206, 80-2704, 80-2705; Acts 1997, No. 250, § 37; 2005, No. 1994, § 392; 2009, No. 595, § 8.

Repealed by Act 2021, No. 18,§ 17, eff. 2/1/2021.

Acts 1929, No. 46, §§ 6, 7; Pope's Dig., §§ 13111, 13112; Acts 1941, No. 128, § 6; 1943, No. 1, §§ 2, 4-7; A.S.A. 1947, §§ 7-201, 7-203, 7-204 -- 7-206, 80-2704, 80-2705; Acts 1997, No. 250, § 37; 2005, No. 1994, § 392; 2009, No. 595, § 8.
Ark. Code Ann. § 6-20-1012 — AR Code / Title 6 / Chapter 20 / Subchapter 10 / Section 6-20-1012
Validation of bonds and certificates
Status: in_force

(a) All outstanding revolving loan bonds and revolving loan certificates of indebtedness issued by school districts and acquired by the State Board of Education pursuant to § 6-20-801 et seq. are found and declared to be valid and to evidence obligations of the school districts by which they are issued, according to their terms, and are validated, ratified, and confirmed. (b) (1) There shall be delivered to the state board, in connection with the acquisition of all revolving loan bonds and certificates of indebtedness, a copy of the resolution of the board of directors of the issuing school district authorizing such obligations, together with a certificate, executed by the president and secretary of the board of directors of the issuing school district, certifying that the action necessary for the valid authorization and issuance of such obligations has been taken, setting forth a description of such action, and, in the case of such obligations secured in whole or in part by a pledge of collections of an ad valorem tax, accompanied by a certificate executed by the county clerk or county clerks of the county or counties in which the issuing school district is located certifying that such tax has been or will be extended for collection and setting out the year in which such collection commenced or will commence. (2) Upon the delivery to the state board of such resolution and certificate, such obligations covered thereby shall be conclusively deemed to be valid, and the validity of such obligations shall not thereafter be subject to challenge on any ground. (3) The state board may prescribe the form of the resolution and certificate provided for in this subsection. Acts 1973, No. 59, § 5; A.S.A. 1947, § 80-970; Acts 1993, No. 502, § 1.

(a) All outstanding revolving loan bonds and revolving loan certificates of indebtedness issued by school districts and acquired by the State Board of Education pursuant to § 6-20-801 et seq. are found and declared to be valid and to evidence obligations of the school districts by which they are issued, according to their terms, and are validated, ratified, and confirmed.

(b) (1) There shall be delivered to the state board, in connection with the acquisition of all revolving loan bonds and certificates of indebtedness, a copy of the resolution of the board of directors of the issuing school district authorizing such obligations, together with a certificate, executed by the president and secretary of the board of directors of the issuing school district, certifying that the action necessary for the valid authorization and issuance of such obligations has been taken, setting forth a description of such action, and, in the case of such obligations secured in whole or in part by a pledge of collections of an ad valorem tax, accompanied by a certificate executed by the county clerk or county clerks of the county or counties in which the issuing school district is located certifying that such tax has been or will be extended for collection and setting out the year in which such collection commenced or will commence. (2) Upon the delivery to the state board of such resolution and certificate, such obligations covered thereby shall be conclusively deemed to be valid, and the validity of such obligations shall not thereafter be subject to challenge on any ground. (3) The state board may prescribe the form of the resolution and certificate provided for in this subsection.

(1) There shall be delivered to the state board, in connection with the acquisition of all revolving loan bonds and certificates of indebtedness, a copy of the resolution of the board of directors of the issuing school district authorizing such obligations, together with a certificate, executed by the president and secretary of the board of directors of the issuing school district, certifying that the action necessary for the valid authorization and issuance of such obligations has been taken, setting forth a description of such action, and, in the case of such obligations secured in whole or in part by a pledge of collections of an ad valorem tax, accompanied by a certificate executed by the county clerk or county clerks of the county or counties in which the issuing school district is located certifying that such tax has been or will be extended for collection and setting out the year in which such collection commenced or will commence.

(2) Upon the delivery to the state board of such resolution and certificate, such obligations covered thereby shall be conclusively deemed to be valid, and the validity of such obligations shall not thereafter be subject to challenge on any ground.

(3) The state board may prescribe the form of the resolution and certificate provided for in this subsection.

Acts 1973, No. 59, § 5; A.S.A. 1947, § 80-970; Acts 1993, No. 502, § 1.
Ark. Code Ann. § 6-16-1006 — AR Code / Title 6 / Chapter 16 / Subchapter 10 / Section 6-16-1006
Parental notice and consent - Definitions
Status: in_force

(a) As used in this section: (1) "Gender identity" means the same as is used in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, which defines it as a category of social identity and refers to an individual's identification as male, female, or, occasionally, some category other than male or female; and (2) "Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. (b) (1) A public school shall make the following, as they relate to sex education, sexual orientation, and gender identity, available for inspection by parents and legal guardians of participating public school students: (A) Curricula; (B) Materials; (C) Tests; (D) Surveys; (E) Questionnaires; (F) Activities; and (G) Instruction of any kind. (2) Information made available for inspection under subdivision (b)(1) of this section shall be made available regardless of whether any of the listed items are offered as part of a sex education class or program or as part of any other class, activity, or program. (c) (1) A public school shall provide: (A) Prior written notification to parents and legal guardians of public school students participating in any of the listed items under subdivision (b)(1) of this section; and (B) A means by which parents and legal guardians of public school students participating in any of the listed items under subdivision (b)(1) of this section may: (i) Inspect the items listed under subdivision (b)(1) of this section; and (ii) (a) Notify the public school district in writing if the parent or legal guardian does not want his or her child to participate in any of the items listed under subdivision (b)(1) of this section. (b) A student who is excused from participating in any or all portions of the items listed under subdivision (b)(1) of this section shall not be penalized for grading purposes if the student satisfactorily performs alternative lessons related to health. (2) Each public school shall develop a means of: (A) Providing written notification to parents and legal guardians as required under subdivision (c)(1) of this section that ensures effective notice and the ability of parents and legal guardians to exercise their rights under this section in an efficient and appropriate manner; and (B) Receiving a confirmation of receipt from parents and legal guardians of the written notification required under subdivision (c)(1) of this section. (d) This section does not require: (1) Parental notification before a public school or a public school district employee: (A) Responds to questions posed by public school students during class regarding sex education, sexual orientation, or gender identity as it relates to a topic of instruction; or (B) Refers to the sexual orientation or gender identity of a historical person, group, or public figure when such information provides necessary context in relation to a topic of instruction; or (2) Local public school districts to provide instruction regarding sex education, sexual orientation, or gender identity not otherwise required by law. (e) The requirements under subdivision (b)(1) of this section shall not apply if the listed item under subdivision (b)(1) of this section is directly related to a requirement under the Arkansas academic standards for the particular item in question. Added by Act 2021, No. 552,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Gender identity" means the same as is used in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, which defines it as a category of social identity and refers to an individual's identification as male, female, or, occasionally, some category other than male or female; and (2) "Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual.

(1) "Gender identity" means the same as is used in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, which defines it as a category of social identity and refers to an individual's identification as male, female, or, occasionally, some category other than male or female; and

(2) "Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual.

(b) (1) A public school shall make the following, as they relate to sex education, sexual orientation, and gender identity, available for inspection by parents and legal guardians of participating public school students: (A) Curricula; (B) Materials; (C) Tests; (D) Surveys; (E) Questionnaires; (F) Activities; and (G) Instruction of any kind. (2) Information made available for inspection under subdivision (b)(1) of this section shall be made available regardless of whether any of the listed items are offered as part of a sex education class or program or as part of any other class, activity, or program.

(1) A public school shall make the following, as they relate to sex education, sexual orientation, and gender identity, available for inspection by parents and legal guardians of participating public school students: (A) Curricula; (B) Materials; (C) Tests; (D) Surveys; (E) Questionnaires; (F) Activities; and (G) Instruction of any kind.

(A) Curricula;

(B) Materials;

(C) Tests;

(D) Surveys;

(E) Questionnaires;

(F) Activities; and

(G) Instruction of any kind.

(2) Information made available for inspection under subdivision (b)(1) of this section shall be made available regardless of whether any of the listed items are offered as part of a sex education class or program or as part of any other class, activity, or program.

(c) (1) A public school shall provide: (A) Prior written notification to parents and legal guardians of public school students participating in any of the listed items under subdivision (b)(1) of this section; and (B) A means by which parents and legal guardians of public school students participating in any of the listed items under subdivision (b)(1) of this section may: (i) Inspect the items listed under subdivision (b)(1) of this section; and (ii) (a) Notify the public school district in writing if the parent or legal guardian does not want his or her child to participate in any of the items listed under subdivision (b)(1) of this section. (b) A student who is excused from participating in any or all portions of the items listed under subdivision (b)(1) of this section shall not be penalized for grading purposes if the student satisfactorily performs alternative lessons related to health. (2) Each public school shall develop a means of: (A) Providing written notification to parents and legal guardians as required under subdivision (c)(1) of this section that ensures effective notice and the ability of parents and legal guardians to exercise their rights under this section in an efficient and appropriate manner; and (B) Receiving a confirmation of receipt from parents and legal guardians of the written notification required under subdivision (c)(1) of this section.

(1) A public school shall provide: (A) Prior written notification to parents and legal guardians of public school students participating in any of the listed items under subdivision (b)(1) of this section; and (B) A means by which parents and legal guardians of public school students participating in any of the listed items under subdivision (b)(1) of this section may: (i) Inspect the items listed under subdivision (b)(1) of this section; and (ii) (a) Notify the public school district in writing if the parent or legal guardian does not want his or her child to participate in any of the items listed under subdivision (b)(1) of this section. (b) A student who is excused from participating in any or all portions of the items listed under subdivision (b)(1) of this section shall not be penalized for grading purposes if the student satisfactorily performs alternative lessons related to health.

(A) Prior written notification to parents and legal guardians of public school students participating in any of the listed items under subdivision (b)(1) of this section; and

(B) A means by which parents and legal guardians of public school students participating in any of the listed items under subdivision (b)(1) of this section may: (i) Inspect the items listed under subdivision (b)(1) of this section; and (ii) (a) Notify the public school district in writing if the parent or legal guardian does not want his or her child to participate in any of the items listed under subdivision (b)(1) of this section. (b) A student who is excused from participating in any or all portions of the items listed under subdivision (b)(1) of this section shall not be penalized for grading purposes if the student satisfactorily performs alternative lessons related to health.

(i) Inspect the items listed under subdivision (b)(1) of this section; and

(ii) (a) Notify the public school district in writing if the parent or legal guardian does not want his or her child to participate in any of the items listed under subdivision (b)(1) of this section. (b) A student who is excused from participating in any or all portions of the items listed under subdivision (b)(1) of this section shall not be penalized for grading purposes if the student satisfactorily performs alternative lessons related to health.

(a) Notify the public school district in writing if the parent or legal guardian does not want his or her child to participate in any of the items listed under subdivision (b)(1) of this section.

(b) A student who is excused from participating in any or all portions of the items listed under subdivision (b)(1) of this section shall not be penalized for grading purposes if the student satisfactorily performs alternative lessons related to health.

(2) Each public school shall develop a means of: (A) Providing written notification to parents and legal guardians as required under subdivision (c)(1) of this section that ensures effective notice and the ability of parents and legal guardians to exercise their rights under this section in an efficient and appropriate manner; and (B) Receiving a confirmation of receipt from parents and legal guardians of the written notification required under subdivision (c)(1) of this section.

(A) Providing written notification to parents and legal guardians as required under subdivision (c)(1) of this section that ensures effective notice and the ability of parents and legal guardians to exercise their rights under this section in an efficient and appropriate manner; and

(B) Receiving a confirmation of receipt from parents and legal guardians of the written notification required under subdivision (c)(1) of this section.

(d) This section does not require: (1) Parental notification before a public school or a public school district employee: (A) Responds to questions posed by public school students during class regarding sex education, sexual orientation, or gender identity as it relates to a topic of instruction; or (B) Refers to the sexual orientation or gender identity of a historical person, group, or public figure when such information provides necessary context in relation to a topic of instruction; or (2) Local public school districts to provide instruction regarding sex education, sexual orientation, or gender identity not otherwise required by law.

(1) Parental notification before a public school or a public school district employee: (A) Responds to questions posed by public school students during class regarding sex education, sexual orientation, or gender identity as it relates to a topic of instruction; or (B) Refers to the sexual orientation or gender identity of a historical person, group, or public figure when such information provides necessary context in relation to a topic of instruction; or

(A) Responds to questions posed by public school students during class regarding sex education, sexual orientation, or gender identity as it relates to a topic of instruction; or

(B) Refers to the sexual orientation or gender identity of a historical person, group, or public figure when such information provides necessary context in relation to a topic of instruction; or

(2) Local public school districts to provide instruction regarding sex education, sexual orientation, or gender identity not otherwise required by law.

(e) The requirements under subdivision (b)(1) of this section shall not apply if the listed item under subdivision (b)(1) of this section is directly related to a requirement under the Arkansas academic standards for the particular item in question.

Added by Act 2021, No. 552,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 6-50-702 — AR Code / Title 6 / Chapter 50 / Subchapter 7 / Section 6-50-702
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Basic skills training" means those math, reading, English, listening, oral and written communication, and computer literacy skills that a person can reasonably be expected to have attained by the end of the twelfth grade except in the instance of potential new workforce training; (2) "Classroom training" means instructor-led training that is provided outside the process of the production of goods or the delivery of a service; (3) (A) "Consortium" means a group of companies that includes at least three (3) eligible companies as defined in subdivision (4) of this section and which for fiscal purposes is either a private, not-for-profit corporation or an organized group that has a coordinating board or committee and a mission statement, that has or is in the process of developing bylaws, and that is establishing a bank account requiring at least two (2) consortium members' signatures. (B) Consortia may have members that are not eligible companies so long as at least three (3) of the consortium member companies are eligible companies. (C) Fifty percent (50%) of the eligible participants completing each course must be employees of eligible companies; (4) (A) "Eligible company" means an entity currently operating in the state that has filed a corporate income tax return for the year prior to the year in which the application was submitted and is classified in one (1) of the following ways: (i) Manufacturers classified in sectors 31-33 under the North American Industry Classification System as it existed on January 1, 2007; (ii) Manufacturers classified in sectors 20-39 according to the Standard Industrial Classification standards as they existed on January 1, 2007, but which are classified in another sector under the North American Industry Classification System as it existed on January 1, 2007; (iii) (a) Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services. (b) All businesses under subdivision (4)(A)(iii) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state; (iv) (a) Businesses primarily engaged in motion picture productions. (b) All businesses under subdivision (4)(A)(iv) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state; (v) An intermodal facility or distribution center, if seventy-five percent (75%) of its sales revenue is from out of state; (vi) An office sector business, if seventy-five percent (75%) of its sales revenue is from out of state; (vii) Firms primarily engaged in commercial, physical, and biological research as classified under the North American Industry Classification System code 541710 as it existed on January 1, 2003; (viii) A national or regional corporate headquarters as classified under North American Industry Classification System code 551114 as it existed on January 1, 2003, if the national or regional headquarters serves more than one (1) state; (ix) (a) A scientific and technical services business. (b) (1) All businesses under subdivision (4)(A)(ix) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state. (2) (A) The average hourly wages paid by businesses in this group shall not exceed one hundred fifty percent (150%) of the county average hourly wage or the state average hourly wage, whichever is less. (B) The average hourly wage threshold determined at the signing of the financial incentive agreement shall be the threshold for the term of the agreement; (x) (a) All building trade industries classified under North American Industry Classification System codes 236 and 238 as they existed on January 1, 2003. (b) A business classified under North American Industry Classification System code 23899 shall not qualify as a building trade industry; and (xi) Air transport businesses primarily engaged in aircraft maintenance, repair services, and aircraft testing as classified under North American Industry Classification System code 488190 as it existed on January 1, 2007. (B) The Director of the Arkansas Economic Development Commission may classify a nonretail business as an eligible company if: (i) The business receives at least seventy-five percent (75%) of its sales revenue from out of state; and (ii) The business proposes to pay wages in excess of one hundred ten percent (110%) of the county average hourly wage or state average hourly wage, whichever is less; (5) "Eligible recipient" means a full-time permanent employee of an Arkansas company or consortium who is subject to the Arkansas personal income tax; (6) "Governing council" means the Director of the Arkansas Economic Development Commission, the Commissioner of the Division of Higher Education, and the Director of the Office of Skills Development, or their designees; (7) "Internal training" means classroom training provided to company employees by company trainers who may be either full-time employees of the company or consultants paid by the company; (8) "Potential new workforce" means two (2) or more eligible companies with common job skill requirements requiring a minimum of fifteen (15) new employees and conducting a minimum of fifteen (15) hours of preemployment training, thereby allowing prospective employees and employers an opportunity to evaluate one another before making employment commitments; and (9) (A) "State-supported educational institution" means a secondary or postsecondary Arkansas educational institution that receives the majority of its funding from state or local tax revenues. (B) However, for purposes of this subchapter, Texarkana College may be considered a state-supported educational institution for the purpose of delivering training services to eligible companies located in Miller County, if Texarkana College continues to waive out-of-state tuition for residents of Arkansas. Amended by Act 2023, No. 786,§ 8, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 143, eff. 7/1/2019. Acts 1995, No. 791, § 2; 1997, No. 540, § 7; 1999, No. 1134, § 1; 2003, No. 609, § 1; 2007, No. 1003, §§ 1, 4.

As used in this subchapter, unless the context otherwise requires:

(1) "Basic skills training" means those math, reading, English, listening, oral and written communication, and computer literacy skills that a person can reasonably be expected to have attained by the end of the twelfth grade except in the instance of potential new workforce training;

(2) "Classroom training" means instructor-led training that is provided outside the process of the production of goods or the delivery of a service;

(3) (A) "Consortium" means a group of companies that includes at least three (3) eligible companies as defined in subdivision (4) of this section and which for fiscal purposes is either a private, not-for-profit corporation or an organized group that has a coordinating board or committee and a mission statement, that has or is in the process of developing bylaws, and that is establishing a bank account requiring at least two (2) consortium members' signatures. (B) Consortia may have members that are not eligible companies so long as at least three (3) of the consortium member companies are eligible companies. (C) Fifty percent (50%) of the eligible participants completing each course must be employees of eligible companies;

(A) "Consortium" means a group of companies that includes at least three (3) eligible companies as defined in subdivision (4) of this section and which for fiscal purposes is either a private, not-for-profit corporation or an organized group that has a coordinating board or committee and a mission statement, that has or is in the process of developing bylaws, and that is establishing a bank account requiring at least two (2) consortium members' signatures.

(B) Consortia may have members that are not eligible companies so long as at least three (3) of the consortium member companies are eligible companies.

(C) Fifty percent (50%) of the eligible participants completing each course must be employees of eligible companies;

(4) (A) "Eligible company" means an entity currently operating in the state that has filed a corporate income tax return for the year prior to the year in which the application was submitted and is classified in one (1) of the following ways: (i) Manufacturers classified in sectors 31-33 under the North American Industry Classification System as it existed on January 1, 2007; (ii) Manufacturers classified in sectors 20-39 according to the Standard Industrial Classification standards as they existed on January 1, 2007, but which are classified in another sector under the North American Industry Classification System as it existed on January 1, 2007; (iii) (a) Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services. (b) All businesses under subdivision (4)(A)(iii) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state; (iv) (a) Businesses primarily engaged in motion picture productions. (b) All businesses under subdivision (4)(A)(iv) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state; (v) An intermodal facility or distribution center, if seventy-five percent (75%) of its sales revenue is from out of state; (vi) An office sector business, if seventy-five percent (75%) of its sales revenue is from out of state; (vii) Firms primarily engaged in commercial, physical, and biological research as classified under the North American Industry Classification System code 541710 as it existed on January 1, 2003; (viii) A national or regional corporate headquarters as classified under North American Industry Classification System code 551114 as it existed on January 1, 2003, if the national or regional headquarters serves more than one (1) state; (ix) (a) A scientific and technical services business. (b) (1) All businesses under subdivision (4)(A)(ix) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state. (2) (A) The average hourly wages paid by businesses in this group shall not exceed one hundred fifty percent (150%) of the county average hourly wage or the state average hourly wage, whichever is less. (B) The average hourly wage threshold determined at the signing of the financial incentive agreement shall be the threshold for the term of the agreement; (x) (a) All building trade industries classified under North American Industry Classification System codes 236 and 238 as they existed on January 1, 2003. (b) A business classified under North American Industry Classification System code 23899 shall not qualify as a building trade industry; and (xi) Air transport businesses primarily engaged in aircraft maintenance, repair services, and aircraft testing as classified under North American Industry Classification System code 488190 as it existed on January 1, 2007. (B) The Director of the Arkansas Economic Development Commission may classify a nonretail business as an eligible company if: (i) The business receives at least seventy-five percent (75%) of its sales revenue from out of state; and (ii) The business proposes to pay wages in excess of one hundred ten percent (110%) of the county average hourly wage or state average hourly wage, whichever is less;

(A) "Eligible company" means an entity currently operating in the state that has filed a corporate income tax return for the year prior to the year in which the application was submitted and is classified in one (1) of the following ways: (i) Manufacturers classified in sectors 31-33 under the North American Industry Classification System as it existed on January 1, 2007; (ii) Manufacturers classified in sectors 20-39 according to the Standard Industrial Classification standards as they existed on January 1, 2007, but which are classified in another sector under the North American Industry Classification System as it existed on January 1, 2007; (iii) (a) Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services. (b) All businesses under subdivision (4)(A)(iii) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state; (iv) (a) Businesses primarily engaged in motion picture productions. (b) All businesses under subdivision (4)(A)(iv) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state; (v) An intermodal facility or distribution center, if seventy-five percent (75%) of its sales revenue is from out of state; (vi) An office sector business, if seventy-five percent (75%) of its sales revenue is from out of state; (vii) Firms primarily engaged in commercial, physical, and biological research as classified under the North American Industry Classification System code 541710 as it existed on January 1, 2003; (viii) A national or regional corporate headquarters as classified under North American Industry Classification System code 551114 as it existed on January 1, 2003, if the national or regional headquarters serves more than one (1) state; (ix) (a) A scientific and technical services business. (b) (1) All businesses under subdivision (4)(A)(ix) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state. (2) (A) The average hourly wages paid by businesses in this group shall not exceed one hundred fifty percent (150%) of the county average hourly wage or the state average hourly wage, whichever is less. (B) The average hourly wage threshold determined at the signing of the financial incentive agreement shall be the threshold for the term of the agreement; (x) (a) All building trade industries classified under North American Industry Classification System codes 236 and 238 as they existed on January 1, 2003. (b) A business classified under North American Industry Classification System code 23899 shall not qualify as a building trade industry; and (xi) Air transport businesses primarily engaged in aircraft maintenance, repair services, and aircraft testing as classified under North American Industry Classification System code 488190 as it existed on January 1, 2007.

(i) Manufacturers classified in sectors 31-33 under the North American Industry Classification System as it existed on January 1, 2007;

(ii) Manufacturers classified in sectors 20-39 according to the Standard Industrial Classification standards as they existed on January 1, 2007, but which are classified in another sector under the North American Industry Classification System as it existed on January 1, 2007;

(iii) (a) Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services. (b) All businesses under subdivision (4)(A)(iii) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

(a) Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services.

(b) All businesses under subdivision (4)(A)(iii) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

(iv) (a) Businesses primarily engaged in motion picture productions. (b) All businesses under subdivision (4)(A)(iv) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

(a) Businesses primarily engaged in motion picture productions.

(b) All businesses under subdivision (4)(A)(iv) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

(v) An intermodal facility or distribution center, if seventy-five percent (75%) of its sales revenue is from out of state;

(vi) An office sector business, if seventy-five percent (75%) of its sales revenue is from out of state;

(vii) Firms primarily engaged in commercial, physical, and biological research as classified under the North American Industry Classification System code 541710 as it existed on January 1, 2003;

(viii) A national or regional corporate headquarters as classified under North American Industry Classification System code 551114 as it existed on January 1, 2003, if the national or regional headquarters serves more than one (1) state;

(ix) (a) A scientific and technical services business. (b) (1) All businesses under subdivision (4)(A)(ix) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state. (2) (A) The average hourly wages paid by businesses in this group shall not exceed one hundred fifty percent (150%) of the county average hourly wage or the state average hourly wage, whichever is less. (B) The average hourly wage threshold determined at the signing of the financial incentive agreement shall be the threshold for the term of the agreement;

(a) A scientific and technical services business.

(b) (1) All businesses under subdivision (4)(A)(ix) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state. (2) (A) The average hourly wages paid by businesses in this group shall not exceed one hundred fifty percent (150%) of the county average hourly wage or the state average hourly wage, whichever is less. (B) The average hourly wage threshold determined at the signing of the financial incentive agreement shall be the threshold for the term of the agreement;

(1) All businesses under subdivision (4)(A)(ix) (a) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state.

(2) (A) The average hourly wages paid by businesses in this group shall not exceed one hundred fifty percent (150%) of the county average hourly wage or the state average hourly wage, whichever is less. (B) The average hourly wage threshold determined at the signing of the financial incentive agreement shall be the threshold for the term of the agreement;

(A) The average hourly wages paid by businesses in this group shall not exceed one hundred fifty percent (150%) of the county average hourly wage or the state average hourly wage, whichever is less.

(B) The average hourly wage threshold determined at the signing of the financial incentive agreement shall be the threshold for the term of the agreement;

(x) (a) All building trade industries classified under North American Industry Classification System codes 236 and 238 as they existed on January 1, 2003. (b) A business classified under North American Industry Classification System code 23899 shall not qualify as a building trade industry; and

(a) All building trade industries classified under North American Industry Classification System codes 236 and 238 as they existed on January 1, 2003.

(b) A business classified under North American Industry Classification System code 23899 shall not qualify as a building trade industry; and

(xi) Air transport businesses primarily engaged in aircraft maintenance, repair services, and aircraft testing as classified under North American Industry Classification System code 488190 as it existed on January 1, 2007.

(B) The Director of the Arkansas Economic Development Commission may classify a nonretail business as an eligible company if: (i) The business receives at least seventy-five percent (75%) of its sales revenue from out of state; and (ii) The business proposes to pay wages in excess of one hundred ten percent (110%) of the county average hourly wage or state average hourly wage, whichever is less;

(i) The business receives at least seventy-five percent (75%) of its sales revenue from out of state; and

(ii) The business proposes to pay wages in excess of one hundred ten percent (110%) of the county average hourly wage or state average hourly wage, whichever is less;

(5) "Eligible recipient" means a full-time permanent employee of an Arkansas company or consortium who is subject to the Arkansas personal income tax;

(6) "Governing council" means the Director of the Arkansas Economic Development Commission, the Commissioner of the Division of Higher Education, and the Director of the Office of Skills Development, or their designees;

(7) "Internal training" means classroom training provided to company employees by company trainers who may be either full-time employees of the company or consultants paid by the company;

(8) "Potential new workforce" means two (2) or more eligible companies with common job skill requirements requiring a minimum of fifteen (15) new employees and conducting a minimum of fifteen (15) hours of preemployment training, thereby allowing prospective employees and employers an opportunity to evaluate one another before making employment commitments; and

(9) (A) "State-supported educational institution" means a secondary or postsecondary Arkansas educational institution that receives the majority of its funding from state or local tax revenues. (B) However, for purposes of this subchapter, Texarkana College may be considered a state-supported educational institution for the purpose of delivering training services to eligible companies located in Miller County, if Texarkana College continues to waive out-of-state tuition for residents of Arkansas.

(A) "State-supported educational institution" means a secondary or postsecondary Arkansas educational institution that receives the majority of its funding from state or local tax revenues.

(B) However, for purposes of this subchapter, Texarkana College may be considered a state-supported educational institution for the purpose of delivering training services to eligible companies located in Miller County, if Texarkana College continues to waive out-of-state tuition for residents of Arkansas.

Amended by Act 2023, No. 786,§ 8, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 143, eff. 7/1/2019.

Acts 1995, No. 791, § 2; 1997, No. 540, § 7; 1999, No. 1134, § 1; 2003, No. 609, § 1; 2007, No. 1003, §§ 1, 4.
Ark. Code Ann. § 6-18-1901 — AR Code / Title 6 / Chapter 18 / Subchapter 19 / Section 6-18-1901
Title - Legislative findings
Status: in_force

(a) This subchapter shall be known and may be cited as the "Public School Choice Act of 2015". (b) The General Assembly finds that: (1) The students in Arkansas's public schools and their parents will become more informed about and involved in the public educational system if students and their parents are provided greater freedom to determine the most effective school for meeting their individual educational needs. There is no right school for every student, and permitting students to choose from among different schools with differing assets will increase the likelihood that some at-risk students will stay in school and that other, more motivated students will find their full academic potential; (2) Giving more options to parents and students with respect to where the students attend public school will increase the responsiveness and effectiveness of the state's schools because teachers, administrators, and school district board members will have added incentive to satisfy the educational needs of the students who reside in the district; and (3) These benefits of enhanced quality and effectiveness in our public schools justify permitting a student to apply for admission to a school in any school district beyond the school district in which the student resides, provided that the transfer by the student does not conflict with an enforceable judicial decree or court order remedying the effects of past racial segregation in the school district. Amended by Act 2015, No. 560,§ 2, eff. 3/20/2015. Added by Act 2013, No. 1227,§ 6, eff. 4/16/2013.

(a) This subchapter shall be known and may be cited as the "Public School Choice Act of 2015".

(b) The General Assembly finds that: (1) The students in Arkansas's public schools and their parents will become more informed about and involved in the public educational system if students and their parents are provided greater freedom to determine the most effective school for meeting their individual educational needs. There is no right school for every student, and permitting students to choose from among different schools with differing assets will increase the likelihood that some at-risk students will stay in school and that other, more motivated students will find their full academic potential; (2) Giving more options to parents and students with respect to where the students attend public school will increase the responsiveness and effectiveness of the state's schools because teachers, administrators, and school district board members will have added incentive to satisfy the educational needs of the students who reside in the district; and (3) These benefits of enhanced quality and effectiveness in our public schools justify permitting a student to apply for admission to a school in any school district beyond the school district in which the student resides, provided that the transfer by the student does not conflict with an enforceable judicial decree or court order remedying the effects of past racial segregation in the school district.

(1) The students in Arkansas's public schools and their parents will become more informed about and involved in the public educational system if students and their parents are provided greater freedom to determine the most effective school for meeting their individual educational needs. There is no right school for every student, and permitting students to choose from among different schools with differing assets will increase the likelihood that some at-risk students will stay in school and that other, more motivated students will find their full academic potential;

(2) Giving more options to parents and students with respect to where the students attend public school will increase the responsiveness and effectiveness of the state's schools because teachers, administrators, and school district board members will have added incentive to satisfy the educational needs of the students who reside in the district; and

(3) These benefits of enhanced quality and effectiveness in our public schools justify permitting a student to apply for admission to a school in any school district beyond the school district in which the student resides, provided that the transfer by the student does not conflict with an enforceable judicial decree or court order remedying the effects of past racial segregation in the school district.

Amended by Act 2015, No. 560,§ 2, eff. 3/20/2015.

Added by Act 2013, No. 1227,§ 6, eff. 4/16/2013.
Ark. Code Ann. § 6-85-204 — AR Code / Title 6 / Chapter 85 / Subchapter 2 / Section 6-85-204
Definitions
Status: in_force

As used in this subchapter: (1) "ACT" means the ACT administered by ACT, Inc.; (2) "ACT equivalent" means the SAT, COMPASS, ACCUPLACER, or other nationally normed test that is correlated with the ACT and approved by the Division of Higher Education for use by institutions of higher education to assess a person's college readiness; (3) (A) "Approved institution of higher education" means an institution of higher education approved by the division to participate in the Arkansas Academic Challenge Scholarship Program and that is: (i) A state-supported two-year or four-year college or university; (ii) A private, nonprofit two-year or four-year college or university with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds; (iii) An approved school of nursing, subject to the provisions of § 6-85-213(c) ; (iv) (a) A public or private vocational-technical school. (b) A public or private vocational-technical school shall be bonded and insured; or (v) (a) A public or private technical institute. (b) A public or private technical institute shall be bonded and insured. (B) An approved institution of higher education that is a private, nonprofit two-year or four-year college or university shall be eligible to receive Title IV federal student aid funds; (4) "Approved school of nursing" means a school of nursing with its primary headquarters located in Arkansas that: (A) Prepares students as registered nurses; (B) Grants nursing diplomas; (C) Is eligible to participate in the Higher Education Act of 1965, Title IV federal student aid programs; (D) Is approved by the Arkansas State Board of Nursing; (E) Has been approved by the division as eligible to participate in the Arkansas Academic Challenge Scholarship Program; and (F) Is not a two-year or four-year college or university; (5) "Arkansas resident" means a natural person who provides evidence deemed sufficient by the division that: (A) For the twelve-month period required under § 6-85-206(1) , the person: (i) Maintained a permanent home in Arkansas where the person resides for an average of no less than four (4) days and nights per calendar week; and (ii) Either: (a) Is an Arkansas registered voter; (b) Holds a valid Arkansas motor vehicle driver's license; (c) Receives benefits under an Arkansas public assistance program; (d) Uses an Arkansas residence address for federal or state tax purposes; or (e) Claims Arkansas as a residence to hold public office or for judicial actions; or (B) Before the deadline for filing a scholarship application under this subchapter the applicant: (i) Is on active military status; (ii) Qualifies for in-state tuition and fees under § 6-60-205 ; and (iii) Meets one (1) of the conditions under subdivision (5)(A)(ii) of this section; (6) "Continuously enrolled" means: (A) For a traditional student, he or she successfully completes at an approved institution of higher education twenty-seven (27) semester hours in the first academic year as a recipient and, except as provided in § 6-85-212(d)(1)(A)(iv) (c) , successfully completes thirty (30) semester hours each academic year thereafter; (B) For a full-time nontraditional student, he or she successfully completes at an approved institution of higher education at least fifteen (15) semester hours of courses in consecutive semesters; (C) For a part-time nontraditional student, he or she successfully completes at an approved institution of higher education at least six (6) semester hours of courses in consecutive semesters; and (D) For a student who is enrolled in a degree plan that has a maximum number of semester hours in a semester that is less than the requirements of subdivisions (6)(A)-(C) of this section, he or she successfully completes at an approved institution of higher education the maximum number of hours required by the degree plan for the semester; (7) "Enrolled" means that the approved institution of higher education where the student is attending class counts the student as enrolled for the hours claimed on the last day to add or drop a class at the approved institution of higher education; (8) "High school grade point average" means the numbered grade average on a student's high school transcript calculated: (A) For a traditional student, using the first seven (7) of the last eight (8) semesters the student completed prior to graduating high school; or (B) For a nontraditional student, using the last eight (8) semesters the student completed before graduating high school; (9) "Lawful permanent resident" means a non-United States citizen who resides in the United States under a legally recognized and lawfully recorded permanent residence and who may receive state public benefits under 8 U.S.C. § 1622 ; (10) "Net proceeds from the state lottery" means lottery proceeds for one (1) fiscal year less the operating expenses defined in § 23-115-103 for the fiscal year; (11) "Nonlottery state educational resources" means the funding available for state-supported scholarships and grants for students enrolled in postsecondary education in this state that: (A) The General Assembly makes available from general revenue to the Higher Education Grants Fund Account without consideration of the availability of proceeds from the state lottery; and (B) The Department of Finance and Administration estimates is available for distribution to the Higher Education Grants Fund Account during a fiscal year from the Educational Excellence Trust Fund; (12) "Qualified certificate program" means a program: (A) That is offered by an approved institution of higher education; (B) For which credit hours are awarded that are creditable toward an associate degree or baccalaureate degree; and (C) Recognized by the United States Department of Education for financial aid purposes; (13) "Recipient" means an applicant awarded a scholarship funded through the Arkansas Academic Challenge Scholarship Program; (14) (A) "Semester" means one-half (1/2) of a traditional academic year at an institution of higher education, or an equivalent approved by the division, in which a student enrolls for not less than: (i) Fifteen (15) credit hours as a full-time student, except that in the first semester as a first-time full-time freshman, a traditional student shall enroll in not less than twelve (12) credit hours; or (ii) Six (6) credit hours as a part-time student. (B) For purposes of summer courses at an institution of higher education, "semester" means the same as is defined by the division, as required by § 6-80-109 ; (15) "State-supported student financial assistance" means a state-supported scholarship, grant, tuition waiver, or tuition reimbursement funded with state funds or net proceeds from the state lottery awarded by: (A) The division; or (B) A scholarship or grant awarded by an institution of higher education in this state in whole or in part by state funds, including without limitation: (i) Scholarships awarded on the basis of entrance exam scores or high school academic achievement; (ii) Tuition waivers based on age, military service, occupation, or other factors; (iii) Out-of-state tuition waivers for undergraduate students from contiguous states in close proximity to a college or university; (iv) Scholarships for transfers from two-year institutions; (v) Performance scholarships for band, musical performing groups, arts, theater, forensics, and similar activities that are not awarded on the basis of entrance exam scores or high school academic achievement; and (vi) Any other publicly funded program under which students are not charged or are reimbursed by the institution of higher education for tuition, fees, books, or other costs of attendance; (16) (A) "Superscore" means the final composite score that is calculated according to a combination of the highest individual section scores across all of the ACT tests taken by an individual. (B) (i) The division shall promulgate rules in consultation with ACT, Inc. to determine the mechanism for calculating and disseminating an applicant's superscore on the ACT. (ii) However, a rule promulgated under subdivision (16)(B)(i) of this section shall not result in a negative amount of net revenue available; (17) (A) "Supplant" means that the net proceeds from the state lottery are used in place of, not in addition to, state nonlottery educational resources provided for state-supported student financial assistance for a specified fiscal year. (B) Supplanting does not occur if the General Assembly provided the state nonlottery educational resources as if the lotteries under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq., do not exist; and (18) (A) "Traditional student" means a student who: (i) Will enter postsecondary education as a full-time first-time freshman on or before the fall semester of the academic year that begins immediately following: (a) The student's graduation from high school; or (b) The last day of the school year: (1) That would have been the student's junior or senior year of high school; and (2) In which the student completes the requirements for high school graduation and obtains a Certificate of General Educational Development instead of receiving a diploma; and (ii) Remains continuously enrolled as a full-time student. (B) "Traditional student" includes a student who otherwise meets this definition but delays entering postsecondary education under a scholarship hold approved by the division. Amended by Act 2023, No. 539,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 413,§ 2, eff. 7/1/2023. Amended by Act 2021, No. 636,§ 1, eff. 4/12/2021. Amended by Act 2019, No. 692,§ 13, eff. 7/24/2019. Amended by Act 2019, No. 549,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2158, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2157, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2156, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2155, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2154, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2153, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2152, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2151, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2150, eff. 7/1/2019. Amended by Act 2017, No. 719,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 597,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1115,§ 18, eff. 7/22/2015. Amended by Act 2013, No. 1263,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1173,§ 4, eff. 4/12/2013. Amended by Act 2013, No. 1173,§ 3, eff. 4/12/2013. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, §§ 2, 3; 2010, No. 265, § 1; 2010, No. 294, § 1; 2011, No. 207, §§ 4, 5.

As used in this subchapter:

(1) "ACT" means the ACT administered by ACT, Inc.;

(2) "ACT equivalent" means the SAT, COMPASS, ACCUPLACER, or other nationally normed test that is correlated with the ACT and approved by the Division of Higher Education for use by institutions of higher education to assess a person's college readiness;

(3) (A) "Approved institution of higher education" means an institution of higher education approved by the division to participate in the Arkansas Academic Challenge Scholarship Program and that is: (i) A state-supported two-year or four-year college or university; (ii) A private, nonprofit two-year or four-year college or university with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds; (iii) An approved school of nursing, subject to the provisions of § 6-85-213(c) ; (iv) (a) A public or private vocational-technical school. (b) A public or private vocational-technical school shall be bonded and insured; or (v) (a) A public or private technical institute. (b) A public or private technical institute shall be bonded and insured. (B) An approved institution of higher education that is a private, nonprofit two-year or four-year college or university shall be eligible to receive Title IV federal student aid funds;

(A) "Approved institution of higher education" means an institution of higher education approved by the division to participate in the Arkansas Academic Challenge Scholarship Program and that is: (i) A state-supported two-year or four-year college or university; (ii) A private, nonprofit two-year or four-year college or university with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds; (iii) An approved school of nursing, subject to the provisions of § 6-85-213(c) ; (iv) (a) A public or private vocational-technical school. (b) A public or private vocational-technical school shall be bonded and insured; or (v) (a) A public or private technical institute. (b) A public or private technical institute shall be bonded and insured.

(i) A state-supported two-year or four-year college or university;

(ii) A private, nonprofit two-year or four-year college or university with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds;

(iii) An approved school of nursing, subject to the provisions of § 6-85-213(c) ;

(iv) (a) A public or private vocational-technical school. (b) A public or private vocational-technical school shall be bonded and insured; or

(a) A public or private vocational-technical school.

(b) A public or private vocational-technical school shall be bonded and insured; or

(v) (a) A public or private technical institute. (b) A public or private technical institute shall be bonded and insured.

(a) A public or private technical institute.

(b) A public or private technical institute shall be bonded and insured.

(B) An approved institution of higher education that is a private, nonprofit two-year or four-year college or university shall be eligible to receive Title IV federal student aid funds;

(4) "Approved school of nursing" means a school of nursing with its primary headquarters located in Arkansas that: (A) Prepares students as registered nurses; (B) Grants nursing diplomas; (C) Is eligible to participate in the Higher Education Act of 1965, Title IV federal student aid programs; (D) Is approved by the Arkansas State Board of Nursing; (E) Has been approved by the division as eligible to participate in the Arkansas Academic Challenge Scholarship Program; and (F) Is not a two-year or four-year college or university;

(A) Prepares students as registered nurses;

(B) Grants nursing diplomas;

(C) Is eligible to participate in the Higher Education Act of 1965, Title IV federal student aid programs;

(D) Is approved by the Arkansas State Board of Nursing;

(E) Has been approved by the division as eligible to participate in the Arkansas Academic Challenge Scholarship Program; and

(F) Is not a two-year or four-year college or university;

(5) "Arkansas resident" means a natural person who provides evidence deemed sufficient by the division that: (A) For the twelve-month period required under § 6-85-206(1) , the person: (i) Maintained a permanent home in Arkansas where the person resides for an average of no less than four (4) days and nights per calendar week; and (ii) Either: (a) Is an Arkansas registered voter; (b) Holds a valid Arkansas motor vehicle driver's license; (c) Receives benefits under an Arkansas public assistance program; (d) Uses an Arkansas residence address for federal or state tax purposes; or (e) Claims Arkansas as a residence to hold public office or for judicial actions; or (B) Before the deadline for filing a scholarship application under this subchapter the applicant: (i) Is on active military status; (ii) Qualifies for in-state tuition and fees under § 6-60-205 ; and (iii) Meets one (1) of the conditions under subdivision (5)(A)(ii) of this section;

(A) For the twelve-month period required under § 6-85-206(1) , the person: (i) Maintained a permanent home in Arkansas where the person resides for an average of no less than four (4) days and nights per calendar week; and (ii) Either: (a) Is an Arkansas registered voter; (b) Holds a valid Arkansas motor vehicle driver's license; (c) Receives benefits under an Arkansas public assistance program; (d) Uses an Arkansas residence address for federal or state tax purposes; or (e) Claims Arkansas as a residence to hold public office or for judicial actions; or

(i) Maintained a permanent home in Arkansas where the person resides for an average of no less than four (4) days and nights per calendar week; and

(ii) Either: (a) Is an Arkansas registered voter; (b) Holds a valid Arkansas motor vehicle driver's license; (c) Receives benefits under an Arkansas public assistance program; (d) Uses an Arkansas residence address for federal or state tax purposes; or (e) Claims Arkansas as a residence to hold public office or for judicial actions; or

(a) Is an Arkansas registered voter;

(b) Holds a valid Arkansas motor vehicle driver's license;

(c) Receives benefits under an Arkansas public assistance program;

(d) Uses an Arkansas residence address for federal or state tax purposes; or

(e) Claims Arkansas as a residence to hold public office or for judicial actions; or

(B) Before the deadline for filing a scholarship application under this subchapter the applicant: (i) Is on active military status; (ii) Qualifies for in-state tuition and fees under § 6-60-205 ; and (iii) Meets one (1) of the conditions under subdivision (5)(A)(ii) of this section;

(i) Is on active military status;

(ii) Qualifies for in-state tuition and fees under § 6-60-205 ; and

(iii) Meets one (1) of the conditions under subdivision (5)(A)(ii) of this section;

(6) "Continuously enrolled" means: (A) For a traditional student, he or she successfully completes at an approved institution of higher education twenty-seven (27) semester hours in the first academic year as a recipient and, except as provided in § 6-85-212(d)(1)(A)(iv) (c) , successfully completes thirty (30) semester hours each academic year thereafter; (B) For a full-time nontraditional student, he or she successfully completes at an approved institution of higher education at least fifteen (15) semester hours of courses in consecutive semesters; (C) For a part-time nontraditional student, he or she successfully completes at an approved institution of higher education at least six (6) semester hours of courses in consecutive semesters; and (D) For a student who is enrolled in a degree plan that has a maximum number of semester hours in a semester that is less than the requirements of subdivisions (6)(A)-(C) of this section, he or she successfully completes at an approved institution of higher education the maximum number of hours required by the degree plan for the semester;

(A) For a traditional student, he or she successfully completes at an approved institution of higher education twenty-seven (27) semester hours in the first academic year as a recipient and, except as provided in § 6-85-212(d)(1)(A)(iv) (c) , successfully completes thirty (30) semester hours each academic year thereafter;

(B) For a full-time nontraditional student, he or she successfully completes at an approved institution of higher education at least fifteen (15) semester hours of courses in consecutive semesters;

(C) For a part-time nontraditional student, he or she successfully completes at an approved institution of higher education at least six (6) semester hours of courses in consecutive semesters; and

(D) For a student who is enrolled in a degree plan that has a maximum number of semester hours in a semester that is less than the requirements of subdivisions (6)(A)-(C) of this section, he or she successfully completes at an approved institution of higher education the maximum number of hours required by the degree plan for the semester;

(7) "Enrolled" means that the approved institution of higher education where the student is attending class counts the student as enrolled for the hours claimed on the last day to add or drop a class at the approved institution of higher education;

(8) "High school grade point average" means the numbered grade average on a student's high school transcript calculated: (A) For a traditional student, using the first seven (7) of the last eight (8) semesters the student completed prior to graduating high school; or (B) For a nontraditional student, using the last eight (8) semesters the student completed before graduating high school;

(A) For a traditional student, using the first seven (7) of the last eight (8) semesters the student completed prior to graduating high school; or

(B) For a nontraditional student, using the last eight (8) semesters the student completed before graduating high school;

(9) "Lawful permanent resident" means a non-United States citizen who resides in the United States under a legally recognized and lawfully recorded permanent residence and who may receive state public benefits under 8 U.S.C. § 1622 ;

(10) "Net proceeds from the state lottery" means lottery proceeds for one (1) fiscal year less the operating expenses defined in § 23-115-103 for the fiscal year;

(11) "Nonlottery state educational resources" means the funding available for state-supported scholarships and grants for students enrolled in postsecondary education in this state that: (A) The General Assembly makes available from general revenue to the Higher Education Grants Fund Account without consideration of the availability of proceeds from the state lottery; and (B) The Department of Finance and Administration estimates is available for distribution to the Higher Education Grants Fund Account during a fiscal year from the Educational Excellence Trust Fund;

(A) The General Assembly makes available from general revenue to the Higher Education Grants Fund Account without consideration of the availability of proceeds from the state lottery; and

(B) The Department of Finance and Administration estimates is available for distribution to the Higher Education Grants Fund Account during a fiscal year from the Educational Excellence Trust Fund;

(12) "Qualified certificate program" means a program: (A) That is offered by an approved institution of higher education; (B) For which credit hours are awarded that are creditable toward an associate degree or baccalaureate degree; and (C) Recognized by the United States Department of Education for financial aid purposes;

(A) That is offered by an approved institution of higher education;

(B) For which credit hours are awarded that are creditable toward an associate degree or baccalaureate degree; and

(C) Recognized by the United States Department of Education for financial aid purposes;

(13) "Recipient" means an applicant awarded a scholarship funded through the Arkansas Academic Challenge Scholarship Program;

(14) (A) "Semester" means one-half (1/2) of a traditional academic year at an institution of higher education, or an equivalent approved by the division, in which a student enrolls for not less than: (i) Fifteen (15) credit hours as a full-time student, except that in the first semester as a first-time full-time freshman, a traditional student shall enroll in not less than twelve (12) credit hours; or (ii) Six (6) credit hours as a part-time student. (B) For purposes of summer courses at an institution of higher education, "semester" means the same as is defined by the division, as required by § 6-80-109 ;

(A) "Semester" means one-half (1/2) of a traditional academic year at an institution of higher education, or an equivalent approved by the division, in which a student enrolls for not less than: (i) Fifteen (15) credit hours as a full-time student, except that in the first semester as a first-time full-time freshman, a traditional student shall enroll in not less than twelve (12) credit hours; or (ii) Six (6) credit hours as a part-time student.

(i) Fifteen (15) credit hours as a full-time student, except that in the first semester as a first-time full-time freshman, a traditional student shall enroll in not less than twelve (12) credit hours; or

(ii) Six (6) credit hours as a part-time student.

(B) For purposes of summer courses at an institution of higher education, "semester" means the same as is defined by the division, as required by § 6-80-109 ;

(15) "State-supported student financial assistance" means a state-supported scholarship, grant, tuition waiver, or tuition reimbursement funded with state funds or net proceeds from the state lottery awarded by: (A) The division; or (B) A scholarship or grant awarded by an institution of higher education in this state in whole or in part by state funds, including without limitation: (i) Scholarships awarded on the basis of entrance exam scores or high school academic achievement; (ii) Tuition waivers based on age, military service, occupation, or other factors; (iii) Out-of-state tuition waivers for undergraduate students from contiguous states in close proximity to a college or university; (iv) Scholarships for transfers from two-year institutions; (v) Performance scholarships for band, musical performing groups, arts, theater, forensics, and similar activities that are not awarded on the basis of entrance exam scores or high school academic achievement; and (vi) Any other publicly funded program under which students are not charged or are reimbursed by the institution of higher education for tuition, fees, books, or other costs of attendance;

(A) The division; or

(B) A scholarship or grant awarded by an institution of higher education in this state in whole or in part by state funds, including without limitation: (i) Scholarships awarded on the basis of entrance exam scores or high school academic achievement; (ii) Tuition waivers based on age, military service, occupation, or other factors; (iii) Out-of-state tuition waivers for undergraduate students from contiguous states in close proximity to a college or university; (iv) Scholarships for transfers from two-year institutions; (v) Performance scholarships for band, musical performing groups, arts, theater, forensics, and similar activities that are not awarded on the basis of entrance exam scores or high school academic achievement; and (vi) Any other publicly funded program under which students are not charged or are reimbursed by the institution of higher education for tuition, fees, books, or other costs of attendance;

(i) Scholarships awarded on the basis of entrance exam scores or high school academic achievement;

(ii) Tuition waivers based on age, military service, occupation, or other factors;

(iii) Out-of-state tuition waivers for undergraduate students from contiguous states in close proximity to a college or university;

(iv) Scholarships for transfers from two-year institutions;

(v) Performance scholarships for band, musical performing groups, arts, theater, forensics, and similar activities that are not awarded on the basis of entrance exam scores or high school academic achievement; and

(vi) Any other publicly funded program under which students are not charged or are reimbursed by the institution of higher education for tuition, fees, books, or other costs of attendance;

(16) (A) "Superscore" means the final composite score that is calculated according to a combination of the highest individual section scores across all of the ACT tests taken by an individual. (B) (i) The division shall promulgate rules in consultation with ACT, Inc. to determine the mechanism for calculating and disseminating an applicant's superscore on the ACT. (ii) However, a rule promulgated under subdivision (16)(B)(i) of this section shall not result in a negative amount of net revenue available;

(A) "Superscore" means the final composite score that is calculated according to a combination of the highest individual section scores across all of the ACT tests taken by an individual.

(B) (i) The division shall promulgate rules in consultation with ACT, Inc. to determine the mechanism for calculating and disseminating an applicant's superscore on the ACT. (ii) However, a rule promulgated under subdivision (16)(B)(i) of this section shall not result in a negative amount of net revenue available;

(i) The division shall promulgate rules in consultation with ACT, Inc. to determine the mechanism for calculating and disseminating an applicant's superscore on the ACT.

(ii) However, a rule promulgated under subdivision (16)(B)(i) of this section shall not result in a negative amount of net revenue available;

(17) (A) "Supplant" means that the net proceeds from the state lottery are used in place of, not in addition to, state nonlottery educational resources provided for state-supported student financial assistance for a specified fiscal year. (B) Supplanting does not occur if the General Assembly provided the state nonlottery educational resources as if the lotteries under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq., do not exist; and

(A) "Supplant" means that the net proceeds from the state lottery are used in place of, not in addition to, state nonlottery educational resources provided for state-supported student financial assistance for a specified fiscal year.

(B) Supplanting does not occur if the General Assembly provided the state nonlottery educational resources as if the lotteries under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq., do not exist; and

(18) (A) "Traditional student" means a student who: (i) Will enter postsecondary education as a full-time first-time freshman on or before the fall semester of the academic year that begins immediately following: (a) The student's graduation from high school; or (b) The last day of the school year: (1) That would have been the student's junior or senior year of high school; and (2) In which the student completes the requirements for high school graduation and obtains a Certificate of General Educational Development instead of receiving a diploma; and (ii) Remains continuously enrolled as a full-time student. (B) "Traditional student" includes a student who otherwise meets this definition but delays entering postsecondary education under a scholarship hold approved by the division.

(A) "Traditional student" means a student who: (i) Will enter postsecondary education as a full-time first-time freshman on or before the fall semester of the academic year that begins immediately following: (a) The student's graduation from high school; or (b) The last day of the school year: (1) That would have been the student's junior or senior year of high school; and (2) In which the student completes the requirements for high school graduation and obtains a Certificate of General Educational Development instead of receiving a diploma; and (ii) Remains continuously enrolled as a full-time student.

(i) Will enter postsecondary education as a full-time first-time freshman on or before the fall semester of the academic year that begins immediately following: (a) The student's graduation from high school; or (b) The last day of the school year: (1) That would have been the student's junior or senior year of high school; and (2) In which the student completes the requirements for high school graduation and obtains a Certificate of General Educational Development instead of receiving a diploma; and

(a) The student's graduation from high school; or

(b) The last day of the school year: (1) That would have been the student's junior or senior year of high school; and (2) In which the student completes the requirements for high school graduation and obtains a Certificate of General Educational Development instead of receiving a diploma; and

(1) That would have been the student's junior or senior year of high school; and

(2) In which the student completes the requirements for high school graduation and obtains a Certificate of General Educational Development instead of receiving a diploma; and

(ii) Remains continuously enrolled as a full-time student.

(B) "Traditional student" includes a student who otherwise meets this definition but delays entering postsecondary education under a scholarship hold approved by the division.

Amended by Act 2023, No. 539,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 413,§ 2, eff. 7/1/2023.

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

Amended by Act 2019, No. 692,§ 13, eff. 7/24/2019.

Amended by Act 2019, No. 549,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2158, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2157, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2156, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2155, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2154, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2153, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2152, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2151, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2150, eff. 7/1/2019.

Amended by Act 2017, No. 719,§ 1, eff. 8/1/2017.

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

Amended by Act 2015, No. 1115,§ 18, eff. 7/22/2015.

Amended by Act 2013, No. 1263,§ 1, eff. 8/16/2013.

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

Amended by Act 2013, No. 1173,§ 3, eff. 4/12/2013.

Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, §§ 2, 3; 2010, No. 265, § 1; 2010, No. 294, § 1; 2011, No. 207, §§ 4, 5.
Ark. Code Ann. § 6-18-718 — AR Code / Title 6 / Chapter 18 / Subchapter 7 / Section 6-18-718
Administration of medication for adrenal insufficiency or adrenal crisis - Definitions
Status: in_force

(a) (1) Self-administration of a stress dose medication by a public school student with adrenal insufficiency while the student is at his or her public school, on his or her public school grounds, or at an activity related to his or her public school may be permitted with the authorization of the public school student's parent, legal guardian, or person standing in loco parentis and the public school student's treating physician if the public school student's parent, legal guardian, or person standing in loco parentis provides written authorization for the public school student to carry a stress dose medication while he or she is at public school, an on-site school-related activity, or an off-site school-sponsored activity. (2) The written authorization provided under subdivision (a)(1) of this section shall be: (A) Valid only for the duration of the school year for which it is provided; and (B) Renewed: (i) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize the self-administration of a stress dose medication; and (ii) If the public school student transfers to another public school in this state. (3) A parent, legal guardian, or person standing in loco parentis who provides written authorization under subdivision (a)(1) of this section shall: (A) Include with his or her written authorization written orders from his or her public school student's treating physician that the public school student: (i) Is capable of completing the proper method of self-administration of the stress dose medication; and (ii) Has been instructed on the details of his or her medical condition and the events that may lead to an adrenal crisis; and (B) Sign an individualized healthcare plan developed by the school nurse for the public school in which his or her child with an adrenal insufficiency is enrolled that outlines the plan of care for his or her child and includes without limitation notification of the self-administration of a stress dose medication to the: (i) School nurse; (ii) Teacher of the class in which the public school student is enrolled during an adrenal crisis; and (iii) Administrator of the public school. (b) A parent, legal guardian, or person standing in loco parentis who provides written authorization for his or her child's self-administration of a stress dose medication shall sign a statement: (1) Acknowledging the public school district is not liable as a result of any injury arising from the self-administration of a stress dose medication by the public school student; and (2) Indemnifying and holding harmless the public school employees and public school district in which his or her child is enrolled against any claims arising as a result of the self-administration of a stress dose medication by the public school student. (c) As used in this section: (1) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, which can lead to circulatory collapse, heart and organ failure, brain damage, and death; (2) (A) "Adrenal insufficiency" means a chronic medical condition in which the adrenal glands do not produce enough of the necessary hormones to respond to stressors such as illness and injury. (B) The hormones involved help maintain and regulate key functions of the body such as blood pressure, metabolism, the immune system, and how the body responds to stress; and (3) "Stress dose medication" means oral hydrocortisone. Added by Act 2021, No. 1050,§ 1, eff. 7/28/2021.

(a) (1) Self-administration of a stress dose medication by a public school student with adrenal insufficiency while the student is at his or her public school, on his or her public school grounds, or at an activity related to his or her public school may be permitted with the authorization of the public school student's parent, legal guardian, or person standing in loco parentis and the public school student's treating physician if the public school student's parent, legal guardian, or person standing in loco parentis provides written authorization for the public school student to carry a stress dose medication while he or she is at public school, an on-site school-related activity, or an off-site school-sponsored activity. (2) The written authorization provided under subdivision (a)(1) of this section shall be: (A) Valid only for the duration of the school year for which it is provided; and (B) Renewed: (i) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize the self-administration of a stress dose medication; and (ii) If the public school student transfers to another public school in this state. (3) A parent, legal guardian, or person standing in loco parentis who provides written authorization under subdivision (a)(1) of this section shall: (A) Include with his or her written authorization written orders from his or her public school student's treating physician that the public school student: (i) Is capable of completing the proper method of self-administration of the stress dose medication; and (ii) Has been instructed on the details of his or her medical condition and the events that may lead to an adrenal crisis; and (B) Sign an individualized healthcare plan developed by the school nurse for the public school in which his or her child with an adrenal insufficiency is enrolled that outlines the plan of care for his or her child and includes without limitation notification of the self-administration of a stress dose medication to the: (i) School nurse; (ii) Teacher of the class in which the public school student is enrolled during an adrenal crisis; and (iii) Administrator of the public school.

(1) Self-administration of a stress dose medication by a public school student with adrenal insufficiency while the student is at his or her public school, on his or her public school grounds, or at an activity related to his or her public school may be permitted with the authorization of the public school student's parent, legal guardian, or person standing in loco parentis and the public school student's treating physician if the public school student's parent, legal guardian, or person standing in loco parentis provides written authorization for the public school student to carry a stress dose medication while he or she is at public school, an on-site school-related activity, or an off-site school-sponsored activity.

(2) The written authorization provided under subdivision (a)(1) of this section shall be: (A) Valid only for the duration of the school year for which it is provided; and (B) Renewed: (i) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize the self-administration of a stress dose medication; and (ii) If the public school student transfers to another public school in this state.

(A) Valid only for the duration of the school year for which it is provided; and

(B) Renewed: (i) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize the self-administration of a stress dose medication; and (ii) If the public school student transfers to another public school in this state.

(i) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize the self-administration of a stress dose medication; and

(ii) If the public school student transfers to another public school in this state.

(3) A parent, legal guardian, or person standing in loco parentis who provides written authorization under subdivision (a)(1) of this section shall: (A) Include with his or her written authorization written orders from his or her public school student's treating physician that the public school student: (i) Is capable of completing the proper method of self-administration of the stress dose medication; and (ii) Has been instructed on the details of his or her medical condition and the events that may lead to an adrenal crisis; and (B) Sign an individualized healthcare plan developed by the school nurse for the public school in which his or her child with an adrenal insufficiency is enrolled that outlines the plan of care for his or her child and includes without limitation notification of the self-administration of a stress dose medication to the: (i) School nurse; (ii) Teacher of the class in which the public school student is enrolled during an adrenal crisis; and (iii) Administrator of the public school.

(A) Include with his or her written authorization written orders from his or her public school student's treating physician that the public school student: (i) Is capable of completing the proper method of self-administration of the stress dose medication; and (ii) Has been instructed on the details of his or her medical condition and the events that may lead to an adrenal crisis; and

(i) Is capable of completing the proper method of self-administration of the stress dose medication; and

(ii) Has been instructed on the details of his or her medical condition and the events that may lead to an adrenal crisis; and

(B) Sign an individualized healthcare plan developed by the school nurse for the public school in which his or her child with an adrenal insufficiency is enrolled that outlines the plan of care for his or her child and includes without limitation notification of the self-administration of a stress dose medication to the: (i) School nurse; (ii) Teacher of the class in which the public school student is enrolled during an adrenal crisis; and (iii) Administrator of the public school.

(i) School nurse;

(ii) Teacher of the class in which the public school student is enrolled during an adrenal crisis; and

(iii) Administrator of the public school.

(b) A parent, legal guardian, or person standing in loco parentis who provides written authorization for his or her child's self-administration of a stress dose medication shall sign a statement: (1) Acknowledging the public school district is not liable as a result of any injury arising from the self-administration of a stress dose medication by the public school student; and (2) Indemnifying and holding harmless the public school employees and public school district in which his or her child is enrolled against any claims arising as a result of the self-administration of a stress dose medication by the public school student.

(1) Acknowledging the public school district is not liable as a result of any injury arising from the self-administration of a stress dose medication by the public school student; and

(2) Indemnifying and holding harmless the public school employees and public school district in which his or her child is enrolled against any claims arising as a result of the self-administration of a stress dose medication by the public school student.

(c) As used in this section: (1) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, which can lead to circulatory collapse, heart and organ failure, brain damage, and death; (2) (A) "Adrenal insufficiency" means a chronic medical condition in which the adrenal glands do not produce enough of the necessary hormones to respond to stressors such as illness and injury. (B) The hormones involved help maintain and regulate key functions of the body such as blood pressure, metabolism, the immune system, and how the body responds to stress; and (3) "Stress dose medication" means oral hydrocortisone.

(1) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, which can lead to circulatory collapse, heart and organ failure, brain damage, and death;

(2) (A) "Adrenal insufficiency" means a chronic medical condition in which the adrenal glands do not produce enough of the necessary hormones to respond to stressors such as illness and injury. (B) The hormones involved help maintain and regulate key functions of the body such as blood pressure, metabolism, the immune system, and how the body responds to stress; and

(A) "Adrenal insufficiency" means a chronic medical condition in which the adrenal glands do not produce enough of the necessary hormones to respond to stressors such as illness and injury.

(B) The hormones involved help maintain and regulate key functions of the body such as blood pressure, metabolism, the immune system, and how the body responds to stress; and

(3) "Stress dose medication" means oral hydrocortisone.

Added by Act 2021, No. 1050,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 6-15-3104 — AR Code / Title 6 / Chapter 15 / Subchapter 31 / Section 6-15-3104
Development of program
Status: in_force

(a) (1) The Department of Education may develop a program to: (A) Identify qualified tutors; (B) Identify a curriculum to support children preparing to enter kindergarten through grade six (K-6) in the content areas of math and reading and ensure that the identified curriculum is aligned with Arkansas academic standards; (C) Ensure training modules related to the identified curriculum are provided to qualified tutors before the qualified tutors begin tutoring; (D) Ensure ongoing support is provided to qualified tutors; and (E) Coordinate with Arkansas public schools and open-enrollment public charter schools to ensure tutoring is offered at qualified tutoring sites or virtually, leveraging existing digital platforms. (2) The program developed under subdivision (a)(1) of this section shall be designed to deploy qualified tutors in a manner that: (A) Offers statewide coverage; and (B) Increases opportunities for students in rural areas. (b) The Division of Elementary and Secondary Education may: (1) Develop, in coordination with the Division of Higher Education and Arkansas institutions of higher education, incentive structures such as course credit for participating qualified tutors; and (2) Develop guidelines for public schools and open-enrollment public charter schools to use funding from the Elementary and Secondary School Emergency Relief Fund (ESSER Fund) and the American Rescue Plan Act of 2021, Pub. L. No. 117-2, to provide compensation and stipends to qualified tutors serving their students in the near term. (c) The department shall promulgate rules to implement this section. Added by Act 2021, No. 912,§ 1, eff. 4/26/2021.

(a) (1) The Department of Education may develop a program to: (A) Identify qualified tutors; (B) Identify a curriculum to support children preparing to enter kindergarten through grade six (K-6) in the content areas of math and reading and ensure that the identified curriculum is aligned with Arkansas academic standards; (C) Ensure training modules related to the identified curriculum are provided to qualified tutors before the qualified tutors begin tutoring; (D) Ensure ongoing support is provided to qualified tutors; and (E) Coordinate with Arkansas public schools and open-enrollment public charter schools to ensure tutoring is offered at qualified tutoring sites or virtually, leveraging existing digital platforms. (2) The program developed under subdivision (a)(1) of this section shall be designed to deploy qualified tutors in a manner that: (A) Offers statewide coverage; and (B) Increases opportunities for students in rural areas.

(1) The Department of Education may develop a program to: (A) Identify qualified tutors; (B) Identify a curriculum to support children preparing to enter kindergarten through grade six (K-6) in the content areas of math and reading and ensure that the identified curriculum is aligned with Arkansas academic standards; (C) Ensure training modules related to the identified curriculum are provided to qualified tutors before the qualified tutors begin tutoring; (D) Ensure ongoing support is provided to qualified tutors; and (E) Coordinate with Arkansas public schools and open-enrollment public charter schools to ensure tutoring is offered at qualified tutoring sites or virtually, leveraging existing digital platforms.

(A) Identify qualified tutors;

(B) Identify a curriculum to support children preparing to enter kindergarten through grade six (K-6) in the content areas of math and reading and ensure that the identified curriculum is aligned with Arkansas academic standards;

(C) Ensure training modules related to the identified curriculum are provided to qualified tutors before the qualified tutors begin tutoring;

(D) Ensure ongoing support is provided to qualified tutors; and

(E) Coordinate with Arkansas public schools and open-enrollment public charter schools to ensure tutoring is offered at qualified tutoring sites or virtually, leveraging existing digital platforms.

(2) The program developed under subdivision (a)(1) of this section shall be designed to deploy qualified tutors in a manner that: (A) Offers statewide coverage; and (B) Increases opportunities for students in rural areas.

(A) Offers statewide coverage; and

(B) Increases opportunities for students in rural areas.

(b) The Division of Elementary and Secondary Education may: (1) Develop, in coordination with the Division of Higher Education and Arkansas institutions of higher education, incentive structures such as course credit for participating qualified tutors; and (2) Develop guidelines for public schools and open-enrollment public charter schools to use funding from the Elementary and Secondary School Emergency Relief Fund (ESSER Fund) and the American Rescue Plan Act of 2021, Pub. L. No. 117-2, to provide compensation and stipends to qualified tutors serving their students in the near term.

(1) Develop, in coordination with the Division of Higher Education and Arkansas institutions of higher education, incentive structures such as course credit for participating qualified tutors; and

(2) Develop guidelines for public schools and open-enrollment public charter schools to use funding from the Elementary and Secondary School Emergency Relief Fund (ESSER Fund) and the American Rescue Plan Act of 2021, Pub. L. No. 117-2, to provide compensation and stipends to qualified tutors serving their students in the near term.

(c) The department shall promulgate rules to implement this section.

Added by Act 2021, No. 912,§ 1, eff. 4/26/2021.