Ark. Code Ann. § 6-20-2303 — AR Code / Title 6 / Chapter 20 / Subchapter 23 / Section 6-20-2303
Definitions
Status: in_force

As used in this subchapter: (1) "Additional education categories" means state funds distributed to school districts for alternative learning environments, English learners, national school lunch students, and professional development; (2) "Alternative learning environment" means a student intervention program in compliance with § 6-48-101 et seq. that seeks to eliminate traditional barriers to learning for students; (3) (A) "Average daily membership" means the total number of days of school attended plus the total number of days absent by students in kindergarten through grade twelve (K-12) during the first three (3) quarters of each school year divided by the number of school days actually taught in the school district during that period of time rounded up to the nearest hundredth. (B) In those instances in which the average daily membership for fewer than three (3) quarters is specified, the number of days used in the calculation shall be the days in the specified period of time. (C) As applied to this subchapter, students who may be counted for average daily membership are: (i) Students who: (a) Reside within the boundaries of the school district; (b) Are enrolled in a public school operated by the school district; and (c) Are enrolled in a curriculum that fulfills the requirements established by the State Board of Education under the Standards for Accreditation of Arkansas Public Schools and School Districts; (ii) (a) Students who reside within the boundaries of the school district but due to geographic barriers attend school out-of-state under a tuition agreement. (b) This subdivision (3)(C)(ii) shall apply even if the students enrolled in an out-of-state school are not enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts; (iii) Legally transferred students living outside the school district but are: (a) Attending a public school in the school district under a provision of this Code; and (b) Are enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts; (iv) Open-enrollment public charter school students who are enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts; (v) Students who are eligible to attend and who reside within the boundaries of a school district and are enrolled in the Arkansas National Guard Youth Challenge Program, so long as the students are participants in the program; (vi) Students who are enrolled in a public school operated by the school district and who have been placed by the Department of Human Services in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined under § 9-28-402 , if: (a) The student was enrolled in the school district before placement; (b) The foster home or other placement is located within the boundaries of the school district; (c) The juvenile division of the circuit court with jurisdiction over a dependency-neglect action concerning the child has issued an order allowing the child to attend school in the school district; or (d) Enrollment in the school district is necessary to ensure continuity of educational services under § 9-28-113 ; or (vii) Transitioning inbound children of military families who have provisionally enrolled in a public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq. (D) (i) Except for those circumstances otherwise allowed by law or rule, any student who is absent from daily attendance for more than ten (10) consecutive school days shall be dropped from the attendance records of the school, school district, or open-enrollment public charter school. (ii) Any student who fails to attend school by the tenth regular school day of the semester shall be retroactively dropped from the first day of the school semester. (E) (i) Except as otherwise provided by law, a public school district or open-enrollment public charter school that teaches a distance learning course to one (1) or more home-schooled, transitioning inbound child of a military family, or private school student shall be eligible for an amount equal to one-sixth (1/6) of the state foundation funding amount per distance learning course for each private school student, transitioning inbound child of a military family, or home-schooled student who is: (a) Residing within the school district where the public school or open-enrollment public charter school is located; (b) Physically attending the distance learning course or courses on the campus of the public school district or open-enrollment public charter school; and (c) Provisionally enrolled in the public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq., as an inbound child of a military family. (ii) However, under no circumstances shall a public school district or open-enrollment public charter school be entitled to more than the equivalent of state foundation funding for one (1) average daily membership regardless of the number of distance learning courses received by a particular home-schooled or private school student; (4) "Child of a military family" means the dependent child of a uniformed services member for whom the local education agency receives public funding and who is enrolled or is pre-enrolled in a public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq.; (5) "Classroom teacher" means: (A) An individual who is required to hold a teaching license from the Division of Elementary and Secondary Education and who is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time; (B) A guidance counselor; or (C) A librarian; (6) "Declining enrollment funding" means the amount of state financial aid provided to an eligible school district from funds made available for the decline in the average daily membership of the school district in the preceding school year compared to the school year before the preceding school year; (7) "English learners" means students identified by the state board as not proficient in the English language based upon approved English proficiency assessment instruments administered annually in the spring of the current school year, which assessments measure oral, reading, and writing proficiency; (8) "Foundation funding" means an amount of money specified by the General Assembly for each school year to be expended by school districts for the provision of an adequate education for each student; (9) "Gifted and talented programs" means academic curricula, courses, and options designed to improve educational opportunities for gifted and talented students pursuant to guidelines adopted by the state board in accordance with § 6-42-106 ; (10) "Gifted and talented students" means those students who have been identified as meeting the criteria of the gifted program approval standards established by the state board; (11) "Legal revenues" means those revenues received or cash balances carried forward by a school district and used to make payments from: (A) (i) The teachers' salary fund, which means the set of accounts used to record the receipts and expenditures for payment of salaries for licensed personnel, licensed substitutes, tuition, and fringe benefits as defined by § 6-17-908 . (ii) Licensed personnel salaries from federal programs are excluded; (B) The operating fund, which means the set of accounts used to record the receipts and expenditures for current operating expenses other than those that relate to the purposes set out for other funds; and (C) The debt service fund, which means the set of accounts used to record local tax receipts and expenditures for the retirement of commercially bonded debt; (12) "Millage rate" means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904 for the tax year used in a calculation made under this subchapter; (13) "Miscellaneous funds" means funds received by a school district: (A) From federal forest reserves, federal grazing rights, federal mineral rights, federal impact aid, federal flood control, wildlife refuge funds, and severance taxes; and (B) In lieu of taxes, and local sales and use taxes dedicated to education under § 26-74-201 et seq., § 26-74-301 et seq., § 26-75-301 et seq., and the Local Government Bond Act of 1985, § 14-164-301 et seq.; (14) (A) "National school lunch students" means those students or the percentage of enrolled students from low socioeconomic backgrounds as indicated by eligibility for free or reduced-price meals under the National School Lunch Act, 42 U.S.C. § 1751 et seq., as determined on October 1 of each previous school year and submitted to the Division of Elementary and Secondary Education, unless the school district is identified by the Division of Elementary and Secondary Education as participating in the special assistance certification and reimbursement alternative implemented under 42 U.S.C. § 1759a . (B) If the school district is participating under 42 U.S.C. § 1759a , then for purposes of funding under § 6-20-2305(b) , such a school district's annual percentage of national school lunch students shall be equal to the percentage submitted in the base year, which means the last school year for which eligibility determinations were made and in accordance with rules adopted by the state board. (C) The state board may promulgate rules as necessary to meet the federal requirements under 42 U.S.C. § 1759a in order to enable the school districts and open-enrollment public charter schools to fully participate in federal and state programs; (15) "Net revenues" means actual revenues generated from ad valorem taxes and distributed to a school district multiplied by the ratio derived from dividing the uniform rate of tax by the total millage rate of the school district; (16) "Previous year" or "previous school year" means the school year immediately preceding the school year or fiscal year in which funds are allocated; (17) (A) "Professional development" has the same meaning as the meaning given to the term under § 6-17-704 . (B) Professional development shall result in individual, schoolwide, and systemwide improvement designed to ensure that all students demonstrate proficiency in the state academic standards; (18) "Quarterly average daily membership" means the average daily membership for one (1) quarter of a school year used for calculating student growth funding and as determined by rule established by the Division of Elementary and Secondary Education; (19) "Revenues" means the proceeds generated from ad valorem taxes and distributed to a school district by a county treasurer from January 1 through December 31 of the calendar year in which the school fiscal year began, including: (A) The amount of the final distribution of ad valorem taxes to a school district as shown on the final tax settlement of the county under § 26-39-402 for the calendar year in which the school fiscal year began; (B) (i) Delinquent ad valorem taxes distributed to a school district in the calendar year in which the school fiscal year began. (ii) Delinquent ad valorem taxes include the penalties and interest that are distributable to a school district under existing law; (C) The actual amount of homestead tax credit distributed to a school district in the calendar year in which the school fiscal year began; (D) Excess commissions distributed to a school district in the calendar year in which the school fiscal year began; (E) Interest earned on any tax funds held in trust and distributed to a school district in the calendar year in which the school fiscal year began; (F) Ad valorem tax proceeds from land redemptions distributed to a school district in the calendar year in which the school fiscal year began; and (G) A subtraction of all costs and commissions authorized by law relating to the collection of ad valorem taxes that the county deducted from distributions to a school district in the calendar year in which the school fiscal year began; (20) "School district" means a geographic area with an elected board of directors that qualifies as a taxing unit for purposes of ad valorem property taxes under Title 26 of the Arkansas Code, which board of directors conducts the daily affairs of public schools pursuant to the supervisory authority vested in it by the General Assembly and this title; (21) "Secondary vocational area center" means a public secondary vocational institution organized for the specific purpose of educating high school students in specific occupational or vocational areas and serving students from more than one (1) participating school district; (22) "Special education high-cost occurrences" means individual cases in which special education and related services required by the individualized education program of a particular student with disabilities are unduly expensive, extraordinary, or beyond the routine and normal costs associated with special education and related services provided by a school district and funding is pursuant to rules promulgated by the state board; (23) "State foundation funding aid" means the amount of state financial aid provided to a school district under § 6-20-2305(a)(1) ; (24) "Student growth funding" means the amount of state financial aid provided to each school district from funds made available for the growth in the average daily membership for the school district; (25) "Teachers of the gifted and talented" means individuals certified by the state board to teach gifted and talented students; (26) "Technology" means any equipment for instructional purposes that is electronic in nature, including, but not limited to, computer hardware, computer software, internet connectivity, and distance learning; and (27) "Uniform rate of tax" means a uniform rate of ad valorem property tax of twenty-five (25) mills to be levied on the assessed value of all taxable real, personal, utility, and regulated carrier property in the state to be used solely for the maintenance and operation of the public schools as required by Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendments 11, 40, and 74. Amended by Act 2023, No. 793,§ 11, eff. 8/1/2023. Amended by Act 2023, No. 793,§ 10, eff. 8/1/2023. Amended by Act 2021, No. 1031,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 1031,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 1031,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 757,§ 48, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1674, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1673, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1672, eff. 7/1/2019. Amended by Act 2015, No. 1094,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 846,§ 27, eff. 7/22/2015. Amended by Act 2015, No. 846,§ 26, eff. 7/22/2015. Amended by Act 2015, No. 846,§ 25, eff. 7/22/2015. Amended by Act 2013, No. 1138,§ 51, eff. 8/16/2013. Amended by Act 2013, No. 969,§ 10, eff. 4/8/2013. Amended by Act 2013, No. 557,§ 1, eff. 4/2/2013. Amended by Act 2013, No. 322,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 322,§ 1, eff. 8/16/2013. Acts 2003 (2nd Ex. Sess.), No. 59, § 1; 2005, No. 2283, § 1; 2007, No. 272, § 2; 2007, No. 461, § 1; 2007, No. 825, § 1; 2009, No. 154, § 1; 2009, No. 1397, §§ 1-3; 2009, No. 1450, § 1; 2009, No. 1469, §§ 14, 15; 2011, No. 989, § 73; 2011, No. 1118, § 3.

As used in this subchapter:

(1) "Additional education categories" means state funds distributed to school districts for alternative learning environments, English learners, national school lunch students, and professional development;

(2) "Alternative learning environment" means a student intervention program in compliance with § 6-48-101 et seq. that seeks to eliminate traditional barriers to learning for students;

(3) (A) "Average daily membership" means the total number of days of school attended plus the total number of days absent by students in kindergarten through grade twelve (K-12) during the first three (3) quarters of each school year divided by the number of school days actually taught in the school district during that period of time rounded up to the nearest hundredth. (B) In those instances in which the average daily membership for fewer than three (3) quarters is specified, the number of days used in the calculation shall be the days in the specified period of time. (C) As applied to this subchapter, students who may be counted for average daily membership are: (i) Students who: (a) Reside within the boundaries of the school district; (b) Are enrolled in a public school operated by the school district; and (c) Are enrolled in a curriculum that fulfills the requirements established by the State Board of Education under the Standards for Accreditation of Arkansas Public Schools and School Districts; (ii) (a) Students who reside within the boundaries of the school district but due to geographic barriers attend school out-of-state under a tuition agreement. (b) This subdivision (3)(C)(ii) shall apply even if the students enrolled in an out-of-state school are not enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts; (iii) Legally transferred students living outside the school district but are: (a) Attending a public school in the school district under a provision of this Code; and (b) Are enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts; (iv) Open-enrollment public charter school students who are enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts; (v) Students who are eligible to attend and who reside within the boundaries of a school district and are enrolled in the Arkansas National Guard Youth Challenge Program, so long as the students are participants in the program; (vi) Students who are enrolled in a public school operated by the school district and who have been placed by the Department of Human Services in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined under § 9-28-402 , if: (a) The student was enrolled in the school district before placement; (b) The foster home or other placement is located within the boundaries of the school district; (c) The juvenile division of the circuit court with jurisdiction over a dependency-neglect action concerning the child has issued an order allowing the child to attend school in the school district; or (d) Enrollment in the school district is necessary to ensure continuity of educational services under § 9-28-113 ; or (vii) Transitioning inbound children of military families who have provisionally enrolled in a public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq. (D) (i) Except for those circumstances otherwise allowed by law or rule, any student who is absent from daily attendance for more than ten (10) consecutive school days shall be dropped from the attendance records of the school, school district, or open-enrollment public charter school. (ii) Any student who fails to attend school by the tenth regular school day of the semester shall be retroactively dropped from the first day of the school semester. (E) (i) Except as otherwise provided by law, a public school district or open-enrollment public charter school that teaches a distance learning course to one (1) or more home-schooled, transitioning inbound child of a military family, or private school student shall be eligible for an amount equal to one-sixth (1/6) of the state foundation funding amount per distance learning course for each private school student, transitioning inbound child of a military family, or home-schooled student who is: (a) Residing within the school district where the public school or open-enrollment public charter school is located; (b) Physically attending the distance learning course or courses on the campus of the public school district or open-enrollment public charter school; and (c) Provisionally enrolled in the public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq., as an inbound child of a military family. (ii) However, under no circumstances shall a public school district or open-enrollment public charter school be entitled to more than the equivalent of state foundation funding for one (1) average daily membership regardless of the number of distance learning courses received by a particular home-schooled or private school student;

(A) "Average daily membership" means the total number of days of school attended plus the total number of days absent by students in kindergarten through grade twelve (K-12) during the first three (3) quarters of each school year divided by the number of school days actually taught in the school district during that period of time rounded up to the nearest hundredth.

(B) In those instances in which the average daily membership for fewer than three (3) quarters is specified, the number of days used in the calculation shall be the days in the specified period of time.

(C) As applied to this subchapter, students who may be counted for average daily membership are: (i) Students who: (a) Reside within the boundaries of the school district; (b) Are enrolled in a public school operated by the school district; and (c) Are enrolled in a curriculum that fulfills the requirements established by the State Board of Education under the Standards for Accreditation of Arkansas Public Schools and School Districts; (ii) (a) Students who reside within the boundaries of the school district but due to geographic barriers attend school out-of-state under a tuition agreement. (b) This subdivision (3)(C)(ii) shall apply even if the students enrolled in an out-of-state school are not enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts; (iii) Legally transferred students living outside the school district but are: (a) Attending a public school in the school district under a provision of this Code; and (b) Are enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts; (iv) Open-enrollment public charter school students who are enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts; (v) Students who are eligible to attend and who reside within the boundaries of a school district and are enrolled in the Arkansas National Guard Youth Challenge Program, so long as the students are participants in the program; (vi) Students who are enrolled in a public school operated by the school district and who have been placed by the Department of Human Services in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined under § 9-28-402 , if: (a) The student was enrolled in the school district before placement; (b) The foster home or other placement is located within the boundaries of the school district; (c) The juvenile division of the circuit court with jurisdiction over a dependency-neglect action concerning the child has issued an order allowing the child to attend school in the school district; or (d) Enrollment in the school district is necessary to ensure continuity of educational services under § 9-28-113 ; or (vii) Transitioning inbound children of military families who have provisionally enrolled in a public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq.

(i) Students who: (a) Reside within the boundaries of the school district; (b) Are enrolled in a public school operated by the school district; and (c) Are enrolled in a curriculum that fulfills the requirements established by the State Board of Education under the Standards for Accreditation of Arkansas Public Schools and School Districts;

(a) Reside within the boundaries of the school district;

(b) Are enrolled in a public school operated by the school district; and

(c) Are enrolled in a curriculum that fulfills the requirements established by the State Board of Education under the Standards for Accreditation of Arkansas Public Schools and School Districts;

(ii) (a) Students who reside within the boundaries of the school district but due to geographic barriers attend school out-of-state under a tuition agreement. (b) This subdivision (3)(C)(ii) shall apply even if the students enrolled in an out-of-state school are not enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts;

(a) Students who reside within the boundaries of the school district but due to geographic barriers attend school out-of-state under a tuition agreement.

(b) This subdivision (3)(C)(ii) shall apply even if the students enrolled in an out-of-state school are not enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts;

(iii) Legally transferred students living outside the school district but are: (a) Attending a public school in the school district under a provision of this Code; and (b) Are enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts;

(a) Attending a public school in the school district under a provision of this Code; and

(b) Are enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts;

(iv) Open-enrollment public charter school students who are enrolled in a curriculum that fulfills the requirements established by the state board under the Standards for Accreditation of Arkansas Public Schools and School Districts;

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

(vi) Students who are enrolled in a public school operated by the school district and who have been placed by the Department of Human Services in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined under § 9-28-402 , if: (a) The student was enrolled in the school district before placement; (b) The foster home or other placement is located within the boundaries of the school district; (c) The juvenile division of the circuit court with jurisdiction over a dependency-neglect action concerning the child has issued an order allowing the child to attend school in the school district; or (d) Enrollment in the school district is necessary to ensure continuity of educational services under § 9-28-113 ; or

(a) The student was enrolled in the school district before placement;

(b) The foster home or other placement is located within the boundaries of the school district;

(c) The juvenile division of the circuit court with jurisdiction over a dependency-neglect action concerning the child has issued an order allowing the child to attend school in the school district; or

(d) Enrollment in the school district is necessary to ensure continuity of educational services under § 9-28-113 ; or

(vii) Transitioning inbound children of military families who have provisionally enrolled in a public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq.

(D) (i) Except for those circumstances otherwise allowed by law or rule, any student who is absent from daily attendance for more than ten (10) consecutive school days shall be dropped from the attendance records of the school, school district, or open-enrollment public charter school. (ii) Any student who fails to attend school by the tenth regular school day of the semester shall be retroactively dropped from the first day of the school semester.

(i) Except for those circumstances otherwise allowed by law or rule, any student who is absent from daily attendance for more than ten (10) consecutive school days shall be dropped from the attendance records of the school, school district, or open-enrollment public charter school.

(ii) Any student who fails to attend school by the tenth regular school day of the semester shall be retroactively dropped from the first day of the school semester.

(E) (i) Except as otherwise provided by law, a public school district or open-enrollment public charter school that teaches a distance learning course to one (1) or more home-schooled, transitioning inbound child of a military family, or private school student shall be eligible for an amount equal to one-sixth (1/6) of the state foundation funding amount per distance learning course for each private school student, transitioning inbound child of a military family, or home-schooled student who is: (a) Residing within the school district where the public school or open-enrollment public charter school is located; (b) Physically attending the distance learning course or courses on the campus of the public school district or open-enrollment public charter school; and (c) Provisionally enrolled in the public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq., as an inbound child of a military family. (ii) However, under no circumstances shall a public school district or open-enrollment public charter school be entitled to more than the equivalent of state foundation funding for one (1) average daily membership regardless of the number of distance learning courses received by a particular home-schooled or private school student;

(i) Except as otherwise provided by law, a public school district or open-enrollment public charter school that teaches a distance learning course to one (1) or more home-schooled, transitioning inbound child of a military family, or private school student shall be eligible for an amount equal to one-sixth (1/6) of the state foundation funding amount per distance learning course for each private school student, transitioning inbound child of a military family, or home-schooled student who is: (a) Residing within the school district where the public school or open-enrollment public charter school is located; (b) Physically attending the distance learning course or courses on the campus of the public school district or open-enrollment public charter school; and (c) Provisionally enrolled in the public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq., as an inbound child of a military family.

(a) Residing within the school district where the public school or open-enrollment public charter school is located;

(b) Physically attending the distance learning course or courses on the campus of the public school district or open-enrollment public charter school; and

(c) Provisionally enrolled in the public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq., as an inbound child of a military family.

(ii) However, under no circumstances shall a public school district or open-enrollment public charter school be entitled to more than the equivalent of state foundation funding for one (1) average daily membership regardless of the number of distance learning courses received by a particular home-schooled or private school student;

(4) "Child of a military family" means the dependent child of a uniformed services member for whom the local education agency receives public funding and who is enrolled or is pre-enrolled in a public school district under the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq.;

(5) "Classroom teacher" means: (A) An individual who is required to hold a teaching license from the Division of Elementary and Secondary Education and who is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time; (B) A guidance counselor; or (C) A librarian;

(A) An individual who is required to hold a teaching license from the Division of Elementary and Secondary Education and who is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time;

(B) A guidance counselor; or

(C) A librarian;

(6) "Declining enrollment funding" means the amount of state financial aid provided to an eligible school district from funds made available for the decline in the average daily membership of the school district in the preceding school year compared to the school year before the preceding school year;

(7) "English learners" means students identified by the state board as not proficient in the English language based upon approved English proficiency assessment instruments administered annually in the spring of the current school year, which assessments measure oral, reading, and writing proficiency;

(8) "Foundation funding" means an amount of money specified by the General Assembly for each school year to be expended by school districts for the provision of an adequate education for each student;

(9) "Gifted and talented programs" means academic curricula, courses, and options designed to improve educational opportunities for gifted and talented students pursuant to guidelines adopted by the state board in accordance with § 6-42-106 ;

(10) "Gifted and talented students" means those students who have been identified as meeting the criteria of the gifted program approval standards established by the state board;

(11) "Legal revenues" means those revenues received or cash balances carried forward by a school district and used to make payments from: (A) (i) The teachers' salary fund, which means the set of accounts used to record the receipts and expenditures for payment of salaries for licensed personnel, licensed substitutes, tuition, and fringe benefits as defined by § 6-17-908 . (ii) Licensed personnel salaries from federal programs are excluded; (B) The operating fund, which means the set of accounts used to record the receipts and expenditures for current operating expenses other than those that relate to the purposes set out for other funds; and (C) The debt service fund, which means the set of accounts used to record local tax receipts and expenditures for the retirement of commercially bonded debt;

(A) (i) The teachers' salary fund, which means the set of accounts used to record the receipts and expenditures for payment of salaries for licensed personnel, licensed substitutes, tuition, and fringe benefits as defined by § 6-17-908 . (ii) Licensed personnel salaries from federal programs are excluded;

(i) The teachers' salary fund, which means the set of accounts used to record the receipts and expenditures for payment of salaries for licensed personnel, licensed substitutes, tuition, and fringe benefits as defined by § 6-17-908 .

(ii) Licensed personnel salaries from federal programs are excluded;

(B) The operating fund, which means the set of accounts used to record the receipts and expenditures for current operating expenses other than those that relate to the purposes set out for other funds; and

(C) The debt service fund, which means the set of accounts used to record local tax receipts and expenditures for the retirement of commercially bonded debt;

(12) "Millage rate" means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904 for the tax year used in a calculation made under this subchapter;

(13) "Miscellaneous funds" means funds received by a school district: (A) From federal forest reserves, federal grazing rights, federal mineral rights, federal impact aid, federal flood control, wildlife refuge funds, and severance taxes; and (B) In lieu of taxes, and local sales and use taxes dedicated to education under § 26-74-201 et seq., § 26-74-301 et seq., § 26-75-301 et seq., and the Local Government Bond Act of 1985, § 14-164-301 et seq.;

(A) From federal forest reserves, federal grazing rights, federal mineral rights, federal impact aid, federal flood control, wildlife refuge funds, and severance taxes; and

(B) In lieu of taxes, and local sales and use taxes dedicated to education under § 26-74-201 et seq., § 26-74-301 et seq., § 26-75-301 et seq., and the Local Government Bond Act of 1985, § 14-164-301 et seq.;

(14) (A) "National school lunch students" means those students or the percentage of enrolled students from low socioeconomic backgrounds as indicated by eligibility for free or reduced-price meals under the National School Lunch Act, 42 U.S.C. § 1751 et seq., as determined on October 1 of each previous school year and submitted to the Division of Elementary and Secondary Education, unless the school district is identified by the Division of Elementary and Secondary Education as participating in the special assistance certification and reimbursement alternative implemented under 42 U.S.C. § 1759a . (B) If the school district is participating under 42 U.S.C. § 1759a , then for purposes of funding under § 6-20-2305(b) , such a school district's annual percentage of national school lunch students shall be equal to the percentage submitted in the base year, which means the last school year for which eligibility determinations were made and in accordance with rules adopted by the state board. (C) The state board may promulgate rules as necessary to meet the federal requirements under 42 U.S.C. § 1759a in order to enable the school districts and open-enrollment public charter schools to fully participate in federal and state programs;

(A) "National school lunch students" means those students or the percentage of enrolled students from low socioeconomic backgrounds as indicated by eligibility for free or reduced-price meals under the National School Lunch Act, 42 U.S.C. § 1751 et seq., as determined on October 1 of each previous school year and submitted to the Division of Elementary and Secondary Education, unless the school district is identified by the Division of Elementary and Secondary Education as participating in the special assistance certification and reimbursement alternative implemented under 42 U.S.C. § 1759a .

(B) If the school district is participating under 42 U.S.C. § 1759a , then for purposes of funding under § 6-20-2305(b) , such a school district's annual percentage of national school lunch students shall be equal to the percentage submitted in the base year, which means the last school year for which eligibility determinations were made and in accordance with rules adopted by the state board.

(C) The state board may promulgate rules as necessary to meet the federal requirements under 42 U.S.C. § 1759a in order to enable the school districts and open-enrollment public charter schools to fully participate in federal and state programs;

(15) "Net revenues" means actual revenues generated from ad valorem taxes and distributed to a school district multiplied by the ratio derived from dividing the uniform rate of tax by the total millage rate of the school district;

(16) "Previous year" or "previous school year" means the school year immediately preceding the school year or fiscal year in which funds are allocated;

(17) (A) "Professional development" has the same meaning as the meaning given to the term under § 6-17-704 . (B) Professional development shall result in individual, schoolwide, and systemwide improvement designed to ensure that all students demonstrate proficiency in the state academic standards;

(A) "Professional development" has the same meaning as the meaning given to the term under § 6-17-704 .

(B) Professional development shall result in individual, schoolwide, and systemwide improvement designed to ensure that all students demonstrate proficiency in the state academic standards;

(18) "Quarterly average daily membership" means the average daily membership for one (1) quarter of a school year used for calculating student growth funding and as determined by rule established by the Division of Elementary and Secondary Education;

(19) "Revenues" means the proceeds generated from ad valorem taxes and distributed to a school district by a county treasurer from January 1 through December 31 of the calendar year in which the school fiscal year began, including: (A) The amount of the final distribution of ad valorem taxes to a school district as shown on the final tax settlement of the county under § 26-39-402 for the calendar year in which the school fiscal year began; (B) (i) Delinquent ad valorem taxes distributed to a school district in the calendar year in which the school fiscal year began. (ii) Delinquent ad valorem taxes include the penalties and interest that are distributable to a school district under existing law; (C) The actual amount of homestead tax credit distributed to a school district in the calendar year in which the school fiscal year began; (D) Excess commissions distributed to a school district in the calendar year in which the school fiscal year began; (E) Interest earned on any tax funds held in trust and distributed to a school district in the calendar year in which the school fiscal year began; (F) Ad valorem tax proceeds from land redemptions distributed to a school district in the calendar year in which the school fiscal year began; and (G) A subtraction of all costs and commissions authorized by law relating to the collection of ad valorem taxes that the county deducted from distributions to a school district in the calendar year in which the school fiscal year began;

(A) The amount of the final distribution of ad valorem taxes to a school district as shown on the final tax settlement of the county under § 26-39-402 for the calendar year in which the school fiscal year began;

(B) (i) Delinquent ad valorem taxes distributed to a school district in the calendar year in which the school fiscal year began. (ii) Delinquent ad valorem taxes include the penalties and interest that are distributable to a school district under existing law;

(i) Delinquent ad valorem taxes distributed to a school district in the calendar year in which the school fiscal year began.

(ii) Delinquent ad valorem taxes include the penalties and interest that are distributable to a school district under existing law;

(C) The actual amount of homestead tax credit distributed to a school district in the calendar year in which the school fiscal year began;

(D) Excess commissions distributed to a school district in the calendar year in which the school fiscal year began;

(E) Interest earned on any tax funds held in trust and distributed to a school district in the calendar year in which the school fiscal year began;

(F) Ad valorem tax proceeds from land redemptions distributed to a school district in the calendar year in which the school fiscal year began; and

(G) A subtraction of all costs and commissions authorized by law relating to the collection of ad valorem taxes that the county deducted from distributions to a school district in the calendar year in which the school fiscal year began;

(20) "School district" means a geographic area with an elected board of directors that qualifies as a taxing unit for purposes of ad valorem property taxes under Title 26 of the Arkansas Code, which board of directors conducts the daily affairs of public schools pursuant to the supervisory authority vested in it by the General Assembly and this title;

(21) "Secondary vocational area center" means a public secondary vocational institution organized for the specific purpose of educating high school students in specific occupational or vocational areas and serving students from more than one (1) participating school district;

(22) "Special education high-cost occurrences" means individual cases in which special education and related services required by the individualized education program of a particular student with disabilities are unduly expensive, extraordinary, or beyond the routine and normal costs associated with special education and related services provided by a school district and funding is pursuant to rules promulgated by the state board;

(23) "State foundation funding aid" means the amount of state financial aid provided to a school district under § 6-20-2305(a)(1) ;

(24) "Student growth funding" means the amount of state financial aid provided to each school district from funds made available for the growth in the average daily membership for the school district;

(25) "Teachers of the gifted and talented" means individuals certified by the state board to teach gifted and talented students;

(26) "Technology" means any equipment for instructional purposes that is electronic in nature, including, but not limited to, computer hardware, computer software, internet connectivity, and distance learning; and

(27) "Uniform rate of tax" means a uniform rate of ad valorem property tax of twenty-five (25) mills to be levied on the assessed value of all taxable real, personal, utility, and regulated carrier property in the state to be used solely for the maintenance and operation of the public schools as required by Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendments 11, 40, and 74.

Amended by Act 2023, No. 793,§ 11, eff. 8/1/2023.

Amended by Act 2023, No. 793,§ 10, eff. 8/1/2023.

Amended by Act 2021, No. 1031,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 1031,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 1031,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 757,§ 48, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1674, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1673, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1672, eff. 7/1/2019.

Amended by Act 2015, No. 1094,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 846,§ 27, eff. 7/22/2015.

Amended by Act 2015, No. 846,§ 26, eff. 7/22/2015.

Amended by Act 2015, No. 846,§ 25, eff. 7/22/2015.

Amended by Act 2013, No. 1138,§ 51, eff. 8/16/2013.

Amended by Act 2013, No. 969,§ 10, eff. 4/8/2013.

Amended by Act 2013, No. 557,§ 1, eff. 4/2/2013.

Amended by Act 2013, No. 322,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 322,§ 1, eff. 8/16/2013.

Acts 2003 (2nd Ex. Sess.), No. 59, § 1; 2005, No. 2283, § 1; 2007, No. 272, § 2; 2007, No. 461, § 1; 2007, No. 825, § 1; 2009, No. 154, § 1; 2009, No. 1397, §§ 1-3; 2009, No. 1450, § 1; 2009, No. 1469, §§ 14, 15; 2011, No. 989, § 73; 2011, No. 1118, § 3.
Ark. Code Ann. § 6-11-126 — AR Code / Title 6 / Chapter 11 / Subchapter 1 / Section 6-11-126
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 1104, eff. 7/1/2019. Repealed by Act 2019, No. 757,§ 2, eff. 7/24/2019. Acts 1997, No. 1362, § 26; 1999, No. 1429, § 23.

Amended by Act 2019, No. 910,§ 1104, eff. 7/1/2019.

Repealed by Act 2019, No. 757,§ 2, eff. 7/24/2019.

Acts 1997, No. 1362, § 26; 1999, No. 1429, § 23.
Ark. Code Ann. § 6-20-604 — AR Code / Title 6 / Chapter 20 / Subchapter 6 / Section 6-20-604
Additional funding
Status: in_force

(a) The General Assembly finds that school districts that contain isolated schools need additional funding to provide an adequate education for students attending schools in those school districts. (b) A school district shall receive special needs funding under subsection (c), subsection (d), or subsection (e) of this section if the school district meets the requirements of subsection (c), subsection (d), or subsection (e), respectively, of this section and if: (1) The school district was consolidated or annexed or received an annexed school under the Public Education Reorganization Act, § 6-13-1601 et seq.; (2) The local school district board of directors by majority vote determines that the isolated school is so isolated that to combine its operation to one (1) school district campus would be impractical or unwise; and (3) The isolated school or school district: (A) Meets the requirements of § 6-20-601 and filed an affidavit of isolated school status with the State Board of Education during the consolidation or annexation process, and the facts of the affidavit are verified by the state board or its designee; (B) Meets the requirements of § 6-20-601 and filed an affidavit of isolated school status with the state board after the consolidation or annexation process or with regard to the 2006-2007 school year no later than June 1, 2006, and the facts of the affidavit are verified by the state board or its designee; or (C) Meets the requirements of § 6-20-601 but for the prior-year three-quarter average daily membership requirement of fewer than three hundred fifty (350) students and filed an affidavit of isolated school status with the state board after the consolidation or annexation process and the facts of the affidavit are verified by the state board or its designee. (c) A school district meeting the requirements of subsection (b) of this section shall receive an additional amount equal to twenty percent (20%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership for the school district to be used for the operation of the isolated school areas if the school district has: (1) School facilities serving students in any grade in kindergarten through grade twelve (K-12), in one (1) or more isolated schools meeting the requirements of subsection (b) of this section; (2) A prior-year three-quarter average daily membership for the school district of five hundred (500) or less; and (3) A density ratio of one and five-tenths (1.5) students or less per square mile. (d) (1) A school district meeting the requirements of subsection (b) of this section shall receive an additional amount equal to fifteen percent (15%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership for the school district to be used for the operation of the isolated school areas if the school district has: (A) School facilities open for kindergarten through grade twelve (K-12) in two (2) or more isolated schools meeting the requirements of subsection (b) of this section and meeting the requirements of § 6-20-601 and if both isolated schools were annexed under the Public Education Reorganization Act, § 6-13-1601 et seq.; (B) A prior-year three-quarter average daily membership for the school district of five hundred one (501) to one thousand (1,000); and (C) A density ratio of one and five-tenths (1.5) students or less per square mile. (2) A school district meeting the requirements of subsection (b) of this section with a three-quarter average daily membership of one thousand one (1,001) or greater is entitled to receive the funding under this section for an isolated school area received by the school district in: (A) A consolidation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq.; or (B) An annexation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq. (e) (1) Except as provided in subdivision (e)(2) of this section, a school district meeting the requirements of subsection (b) of this section shall receive an additional amount equal to ten percent (10%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership of the isolated school area to be used for the operation of the isolated school area if the school district has school facilities open for kindergarten through grade twelve (K-12) in one (1) or more isolated school areas meeting the requirements of subsection (b) of this section. (2) (A) A school district shall receive an additional amount equal to ten percent (10%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership of the isolated school area to be used for the operation of the isolated school area if: (i) The school district has school facilities serving students in any grade in kindergarten through grade twelve (K-12) in one (1) or more isolated school areas meeting the requirements of subsection (b) of this section; and (ii) The school district closed an isolated facility serving students in grades seven through twelve (7-12). (B) A school district that is eligible to receive funding under this subdivision (e)(2) must also meet the requirements of subsection (b) of this section. (f) A school district shall receive an additional amount equal to five percent (5%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership of the school district if the school district has a: (1) Prior-year three-quarter average daily membership of less than five hundred (500) students; and (2) Density ratio of two (2) students or less per square mile. (g) A school district eligible for special needs funding under this section shall continue to be eligible to receive isolated school funding provided under § 6-20-603 but shall only receive funding under one (1) of the categories established under subsections (c)-(f) of this section. (h) (1) This section is contingent on the appropriation and availability of funding for its purposes. (2) (A) Undistributed funds under this section and §§ 6-20-601 and 6-20-603 shall be distributed on an equal basis per school district to each school district that is eligible to receive funds under subsection (c), subsection (d), or subsection (e) of this section. (B) Funds distributed under subdivision (h)(2)(A) of this section shall be used by the school district only for transportation costs of the isolated school areas in the school district. (3) Funding provided under this section is in addition to and in excess of the amount of funds necessary to provide an adequate education as required by the Arkansas Constitution and cannot be relied upon beyond the expiration date of an appropriation made for the purposes of this section. Amended by Act 2017, No. 129,§ 1, eff. 2/6/2017. Amended by Act 2015, No. 846,§ 15, eff. 7/22/2015. Amended by Act 2015, No. 846,§ 14, eff. 7/22/2015. Amended by Act 2015, No. 846,§ 13, eff. 7/22/2015. Amended by Act 2015, No. 27,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1073,§ 33, eff. 8/16/2013. Acts 2005, No. 1452, § 1; 2006 (1st Ex. Sess.), No. 21, § 2; 2007, No. 1052, §§ 1, 2; 2007, No. 1573, §§ 31, 32; 2009, No. 811, §§ 2, 3; 2010, No. 293, § 32; 2011, No. 996, § 2; 2011, No. 1075, § 31; 2011, No. 1131, § 4.

(a) The General Assembly finds that school districts that contain isolated schools need additional funding to provide an adequate education for students attending schools in those school districts.

(b) A school district shall receive special needs funding under subsection (c), subsection (d), or subsection (e) of this section if the school district meets the requirements of subsection (c), subsection (d), or subsection (e), respectively, of this section and if: (1) The school district was consolidated or annexed or received an annexed school under the Public Education Reorganization Act, § 6-13-1601 et seq.; (2) The local school district board of directors by majority vote determines that the isolated school is so isolated that to combine its operation to one (1) school district campus would be impractical or unwise; and (3) The isolated school or school district: (A) Meets the requirements of § 6-20-601 and filed an affidavit of isolated school status with the State Board of Education during the consolidation or annexation process, and the facts of the affidavit are verified by the state board or its designee; (B) Meets the requirements of § 6-20-601 and filed an affidavit of isolated school status with the state board after the consolidation or annexation process or with regard to the 2006-2007 school year no later than June 1, 2006, and the facts of the affidavit are verified by the state board or its designee; or (C) Meets the requirements of § 6-20-601 but for the prior-year three-quarter average daily membership requirement of fewer than three hundred fifty (350) students and filed an affidavit of isolated school status with the state board after the consolidation or annexation process and the facts of the affidavit are verified by the state board or its designee.

(1) The school district was consolidated or annexed or received an annexed school under the Public Education Reorganization Act, § 6-13-1601 et seq.;

(2) The local school district board of directors by majority vote determines that the isolated school is so isolated that to combine its operation to one (1) school district campus would be impractical or unwise; and

(3) The isolated school or school district: (A) Meets the requirements of § 6-20-601 and filed an affidavit of isolated school status with the State Board of Education during the consolidation or annexation process, and the facts of the affidavit are verified by the state board or its designee; (B) Meets the requirements of § 6-20-601 and filed an affidavit of isolated school status with the state board after the consolidation or annexation process or with regard to the 2006-2007 school year no later than June 1, 2006, and the facts of the affidavit are verified by the state board or its designee; or (C) Meets the requirements of § 6-20-601 but for the prior-year three-quarter average daily membership requirement of fewer than three hundred fifty (350) students and filed an affidavit of isolated school status with the state board after the consolidation or annexation process and the facts of the affidavit are verified by the state board or its designee.

(A) Meets the requirements of § 6-20-601 and filed an affidavit of isolated school status with the State Board of Education during the consolidation or annexation process, and the facts of the affidavit are verified by the state board or its designee;

(B) Meets the requirements of § 6-20-601 and filed an affidavit of isolated school status with the state board after the consolidation or annexation process or with regard to the 2006-2007 school year no later than June 1, 2006, and the facts of the affidavit are verified by the state board or its designee; or

(C) Meets the requirements of § 6-20-601 but for the prior-year three-quarter average daily membership requirement of fewer than three hundred fifty (350) students and filed an affidavit of isolated school status with the state board after the consolidation or annexation process and the facts of the affidavit are verified by the state board or its designee.

(c) A school district meeting the requirements of subsection (b) of this section shall receive an additional amount equal to twenty percent (20%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership for the school district to be used for the operation of the isolated school areas if the school district has: (1) School facilities serving students in any grade in kindergarten through grade twelve (K-12), in one (1) or more isolated schools meeting the requirements of subsection (b) of this section; (2) A prior-year three-quarter average daily membership for the school district of five hundred (500) or less; and (3) A density ratio of one and five-tenths (1.5) students or less per square mile.

(1) School facilities serving students in any grade in kindergarten through grade twelve (K-12), in one (1) or more isolated schools meeting the requirements of subsection (b) of this section;

(2) A prior-year three-quarter average daily membership for the school district of five hundred (500) or less; and

(3) A density ratio of one and five-tenths (1.5) students or less per square mile.

(d) (1) A school district meeting the requirements of subsection (b) of this section shall receive an additional amount equal to fifteen percent (15%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership for the school district to be used for the operation of the isolated school areas if the school district has: (A) School facilities open for kindergarten through grade twelve (K-12) in two (2) or more isolated schools meeting the requirements of subsection (b) of this section and meeting the requirements of § 6-20-601 and if both isolated schools were annexed under the Public Education Reorganization Act, § 6-13-1601 et seq.; (B) A prior-year three-quarter average daily membership for the school district of five hundred one (501) to one thousand (1,000); and (C) A density ratio of one and five-tenths (1.5) students or less per square mile. (2) A school district meeting the requirements of subsection (b) of this section with a three-quarter average daily membership of one thousand one (1,001) or greater is entitled to receive the funding under this section for an isolated school area received by the school district in: (A) A consolidation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq.; or (B) An annexation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq.

(1) A school district meeting the requirements of subsection (b) of this section shall receive an additional amount equal to fifteen percent (15%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership for the school district to be used for the operation of the isolated school areas if the school district has: (A) School facilities open for kindergarten through grade twelve (K-12) in two (2) or more isolated schools meeting the requirements of subsection (b) of this section and meeting the requirements of § 6-20-601 and if both isolated schools were annexed under the Public Education Reorganization Act, § 6-13-1601 et seq.; (B) A prior-year three-quarter average daily membership for the school district of five hundred one (501) to one thousand (1,000); and (C) A density ratio of one and five-tenths (1.5) students or less per square mile.

(A) School facilities open for kindergarten through grade twelve (K-12) in two (2) or more isolated schools meeting the requirements of subsection (b) of this section and meeting the requirements of § 6-20-601 and if both isolated schools were annexed under the Public Education Reorganization Act, § 6-13-1601 et seq.;

(B) A prior-year three-quarter average daily membership for the school district of five hundred one (501) to one thousand (1,000); and

(C) A density ratio of one and five-tenths (1.5) students or less per square mile.

(2) A school district meeting the requirements of subsection (b) of this section with a three-quarter average daily membership of one thousand one (1,001) or greater is entitled to receive the funding under this section for an isolated school area received by the school district in: (A) A consolidation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq.; or (B) An annexation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq.

(A) A consolidation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq.; or

(B) An annexation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq.

(e) (1) Except as provided in subdivision (e)(2) of this section, a school district meeting the requirements of subsection (b) of this section shall receive an additional amount equal to ten percent (10%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership of the isolated school area to be used for the operation of the isolated school area if the school district has school facilities open for kindergarten through grade twelve (K-12) in one (1) or more isolated school areas meeting the requirements of subsection (b) of this section. (2) (A) A school district shall receive an additional amount equal to ten percent (10%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership of the isolated school area to be used for the operation of the isolated school area if: (i) The school district has school facilities serving students in any grade in kindergarten through grade twelve (K-12) in one (1) or more isolated school areas meeting the requirements of subsection (b) of this section; and (ii) The school district closed an isolated facility serving students in grades seven through twelve (7-12). (B) A school district that is eligible to receive funding under this subdivision (e)(2) must also meet the requirements of subsection (b) of this section.

(1) Except as provided in subdivision (e)(2) of this section, a school district meeting the requirements of subsection (b) of this section shall receive an additional amount equal to ten percent (10%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership of the isolated school area to be used for the operation of the isolated school area if the school district has school facilities open for kindergarten through grade twelve (K-12) in one (1) or more isolated school areas meeting the requirements of subsection (b) of this section.

(2) (A) A school district shall receive an additional amount equal to ten percent (10%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership of the isolated school area to be used for the operation of the isolated school area if: (i) The school district has school facilities serving students in any grade in kindergarten through grade twelve (K-12) in one (1) or more isolated school areas meeting the requirements of subsection (b) of this section; and (ii) The school district closed an isolated facility serving students in grades seven through twelve (7-12). (B) A school district that is eligible to receive funding under this subdivision (e)(2) must also meet the requirements of subsection (b) of this section.

(A) A school district shall receive an additional amount equal to ten percent (10%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership of the isolated school area to be used for the operation of the isolated school area if: (i) The school district has school facilities serving students in any grade in kindergarten through grade twelve (K-12) in one (1) or more isolated school areas meeting the requirements of subsection (b) of this section; and (ii) The school district closed an isolated facility serving students in grades seven through twelve (7-12).

(i) The school district has school facilities serving students in any grade in kindergarten through grade twelve (K-12) in one (1) or more isolated school areas meeting the requirements of subsection (b) of this section; and

(ii) The school district closed an isolated facility serving students in grades seven through twelve (7-12).

(B) A school district that is eligible to receive funding under this subdivision (e)(2) must also meet the requirements of subsection (b) of this section.

(f) A school district shall receive an additional amount equal to five percent (5%) of the per-student foundation funding amount under § 6-20-2305(a)(2) multiplied by the prior-year three-quarter average daily membership of the school district if the school district has a: (1) Prior-year three-quarter average daily membership of less than five hundred (500) students; and (2) Density ratio of two (2) students or less per square mile.

(1) Prior-year three-quarter average daily membership of less than five hundred (500) students; and

(2) Density ratio of two (2) students or less per square mile.

(g) A school district eligible for special needs funding under this section shall continue to be eligible to receive isolated school funding provided under § 6-20-603 but shall only receive funding under one (1) of the categories established under subsections (c)-(f) of this section.

(h) (1) This section is contingent on the appropriation and availability of funding for its purposes. (2) (A) Undistributed funds under this section and §§ 6-20-601 and 6-20-603 shall be distributed on an equal basis per school district to each school district that is eligible to receive funds under subsection (c), subsection (d), or subsection (e) of this section. (B) Funds distributed under subdivision (h)(2)(A) of this section shall be used by the school district only for transportation costs of the isolated school areas in the school district. (3) Funding provided under this section is in addition to and in excess of the amount of funds necessary to provide an adequate education as required by the Arkansas Constitution and cannot be relied upon beyond the expiration date of an appropriation made for the purposes of this section.

(1) This section is contingent on the appropriation and availability of funding for its purposes.

(2) (A) Undistributed funds under this section and §§ 6-20-601 and 6-20-603 shall be distributed on an equal basis per school district to each school district that is eligible to receive funds under subsection (c), subsection (d), or subsection (e) of this section. (B) Funds distributed under subdivision (h)(2)(A) of this section shall be used by the school district only for transportation costs of the isolated school areas in the school district.

(A) Undistributed funds under this section and §§ 6-20-601 and 6-20-603 shall be distributed on an equal basis per school district to each school district that is eligible to receive funds under subsection (c), subsection (d), or subsection (e) of this section.

(B) Funds distributed under subdivision (h)(2)(A) of this section shall be used by the school district only for transportation costs of the isolated school areas in the school district.

(3) Funding provided under this section is in addition to and in excess of the amount of funds necessary to provide an adequate education as required by the Arkansas Constitution and cannot be relied upon beyond the expiration date of an appropriation made for the purposes of this section.

Amended by Act 2017, No. 129,§ 1, eff. 2/6/2017.

Amended by Act 2015, No. 846,§ 15, eff. 7/22/2015.

Amended by Act 2015, No. 846,§ 14, eff. 7/22/2015.

Amended by Act 2015, No. 846,§ 13, eff. 7/22/2015.

Amended by Act 2015, No. 27,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1073,§ 33, eff. 8/16/2013.

Acts 2005, No. 1452, § 1; 2006 (1st Ex. Sess.), No. 21, § 2; 2007, No. 1052, §§ 1, 2; 2007, No. 1573, §§ 31, 32; 2009, No. 811, §§ 2, 3; 2010, No. 293, § 32; 2011, No. 996, § 2; 2011, No. 1075, § 31; 2011, No. 1131, § 4.
Ark. Code Ann. § 6-63-303 — AR Code / Title 6 / Chapter 63 / Subchapter 3 / Section 6-63-303
Nine-month and part-time employees - Maximum annual salary
Status: in_force

(a) (1) The maximum annual salary established for any position established as a nine-month educational and general academic position in the regular salaries section of the biennial operations appropriation act of any institution of higher education is declared to be the maximum annual salary for a nine-month contract, at a rate of pay not to exceed one-ninth (1/9) of the maximum authorized salary during any one (1) month. (2) The employee's contract or subsequent contract may exceed nine (9) months, and the maximum annual salary authorized for such position may be exceeded by not more than one-ninth (1/9) of the maximum annual salary for each additional month or part thereof contracted. (3) However, when a faculty member is assigned overload teaching responsibilities, as defined by the Arkansas Higher Education Coordinating Board, an amount in excess of one-ninth (1/9) of the maximum annual salary may be paid during any one (1) month if the applicable maximum authorized salary is not exceeded by more than ten percent (10%). (b) For those positions identified as part-time in the biennial appropriations act for operations of any institution of higher education, payment may be made in one (1) or more payments each semester or term with the total of all payments made during a fiscal year not to exceed the applicable maximum authorized salary. (c) (1) Any institution of higher education may, at the option of its board of trustees, enter into contracts for the hiring of nine-month and part-time employees to provide payment of annual salaries on the basis of twelve (12) equal monthly installments. (2) In no case shall the monthly installments under such contracts commence earlier than the first day of the month in which the employee begins work. Acts 1983, No. 147, § 5; 1985, No. 287, § 1; 1985, No. 845, § 3; A.S.A. 1947, §§ 80-5605, 80-5605.1.

(a) (1) The maximum annual salary established for any position established as a nine-month educational and general academic position in the regular salaries section of the biennial operations appropriation act of any institution of higher education is declared to be the maximum annual salary for a nine-month contract, at a rate of pay not to exceed one-ninth (1/9) of the maximum authorized salary during any one (1) month. (2) The employee's contract or subsequent contract may exceed nine (9) months, and the maximum annual salary authorized for such position may be exceeded by not more than one-ninth (1/9) of the maximum annual salary for each additional month or part thereof contracted. (3) However, when a faculty member is assigned overload teaching responsibilities, as defined by the Arkansas Higher Education Coordinating Board, an amount in excess of one-ninth (1/9) of the maximum annual salary may be paid during any one (1) month if the applicable maximum authorized salary is not exceeded by more than ten percent (10%).

(1) The maximum annual salary established for any position established as a nine-month educational and general academic position in the regular salaries section of the biennial operations appropriation act of any institution of higher education is declared to be the maximum annual salary for a nine-month contract, at a rate of pay not to exceed one-ninth (1/9) of the maximum authorized salary during any one (1) month.

(2) The employee's contract or subsequent contract may exceed nine (9) months, and the maximum annual salary authorized for such position may be exceeded by not more than one-ninth (1/9) of the maximum annual salary for each additional month or part thereof contracted.

(3) However, when a faculty member is assigned overload teaching responsibilities, as defined by the Arkansas Higher Education Coordinating Board, an amount in excess of one-ninth (1/9) of the maximum annual salary may be paid during any one (1) month if the applicable maximum authorized salary is not exceeded by more than ten percent (10%).

(b) For those positions identified as part-time in the biennial appropriations act for operations of any institution of higher education, payment may be made in one (1) or more payments each semester or term with the total of all payments made during a fiscal year not to exceed the applicable maximum authorized salary.

(c) (1) Any institution of higher education may, at the option of its board of trustees, enter into contracts for the hiring of nine-month and part-time employees to provide payment of annual salaries on the basis of twelve (12) equal monthly installments. (2) In no case shall the monthly installments under such contracts commence earlier than the first day of the month in which the employee begins work.

(1) Any institution of higher education may, at the option of its board of trustees, enter into contracts for the hiring of nine-month and part-time employees to provide payment of annual salaries on the basis of twelve (12) equal monthly installments.

(2) In no case shall the monthly installments under such contracts commence earlier than the first day of the month in which the employee begins work.

Acts 1983, No. 147, § 5; 1985, No. 287, § 1; 1985, No. 845, § 3; A.S.A. 1947, §§ 80-5605, 80-5605.1.
Ark. Code Ann. § 6-20-502 — AR Code / Title 6 / Chapter 20 / Subchapter 5 / Section 6-20-502
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Child living in a foster home" means a school-age child in this state who is in the custody of the Department of Human Services and placed in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined under § 9-28-402 . (B) "Child living in a foster home" does not include a school-age child living in any unit of the human development centers operated by the department or its successor; (2) "Child with disabilities" or "student with disabilities" means a person eligible to attend the public schools in this state who is identified as disabled in accordance with rules promulgated by the State Board of Education under the Children With Disabilities Act of 1973, § 6-41-201 et seq.; (3) "Federal funds" means any federal funds received by the school district that are of a category or nature that would have benefited a child with disabilities or a child living in a foster home, as defined in this subchapter, if the child had attended the school district during the school year or the portion of the school year but who instead attended another school district in this state which makes application for funds to be used in behalf of the education of the child, as provided in this subchapter; (4) "Local operating funds" means any local operating funds derived from property taxes for the school year, including any surplus funds received from millage pledged for indebtedness purposes but which are not necessary to meet debt service requirements and are transferred to the operating account of the school district for the year; (5) "Receiving district" means a school district in this state in which a child attends or seeks to attend school other than the school district of residence of the child; (6) "Sending district" means the school district that is defined by laws or rules as being the school district of residence of the school-age child; and (7) "State funds" means any state funds received by the school district under the Public School Funding Act of 2003, § 6-20-2301 et seq., the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., or other state special education funds. Amended by Act 2019, No. 315,§ 275, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 274, eff. 7/24/2019. Amended by Act 2015, No. 1094,§ 2, eff. 7/22/2015. Acts 1981, No. 815, § 1; A.S.A. 1947, § 80-738; Acts 1993, No. 294, § 13; 1995, No. 1296, § 26; 1999, No. 391, § 17; 2009, No. 376, § 39.

As used in this subchapter:

(1) (A) "Child living in a foster home" means a school-age child in this state who is in the custody of the Department of Human Services and placed in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined under § 9-28-402 . (B) "Child living in a foster home" does not include a school-age child living in any unit of the human development centers operated by the department or its successor;

(A) "Child living in a foster home" means a school-age child in this state who is in the custody of the Department of Human Services and placed in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined under § 9-28-402 .

(B) "Child living in a foster home" does not include a school-age child living in any unit of the human development centers operated by the department or its successor;

(2) "Child with disabilities" or "student with disabilities" means a person eligible to attend the public schools in this state who is identified as disabled in accordance with rules promulgated by the State Board of Education under the Children With Disabilities Act of 1973, § 6-41-201 et seq.;

(3) "Federal funds" means any federal funds received by the school district that are of a category or nature that would have benefited a child with disabilities or a child living in a foster home, as defined in this subchapter, if the child had attended the school district during the school year or the portion of the school year but who instead attended another school district in this state which makes application for funds to be used in behalf of the education of the child, as provided in this subchapter;

(4) "Local operating funds" means any local operating funds derived from property taxes for the school year, including any surplus funds received from millage pledged for indebtedness purposes but which are not necessary to meet debt service requirements and are transferred to the operating account of the school district for the year;

(5) "Receiving district" means a school district in this state in which a child attends or seeks to attend school other than the school district of residence of the child;

(6) "Sending district" means the school district that is defined by laws or rules as being the school district of residence of the school-age child; and

(7) "State funds" means any state funds received by the school district under the Public School Funding Act of 2003, § 6-20-2301 et seq., the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., or other state special education funds.

Amended by Act 2019, No. 315,§ 275, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 274, eff. 7/24/2019.

Amended by Act 2015, No. 1094,§ 2, eff. 7/22/2015.

Acts 1981, No. 815, § 1; A.S.A. 1947, § 80-738; Acts 1993, No. 294, § 13; 1995, No. 1296, § 26; 1999, No. 391, § 17; 2009, No. 376, § 39.
Ark. Code Ann. § 6-51-605 — AR Code / Title 6 / Chapter 51 / Subchapter 6 / Section 6-51-605
State Board of Private Career Education
Status: in_force

(a) (1) (A) The Governor shall appoint a State Board of Private Career Education of seven (7) members who shall serve for terms of seven (7) years. (B) The Governor shall make appointments or reappointments to the board to provide membership of three (3) persons associated with schools and four (4) persons from the general public. (2) The Commissioner of the Division of Higher Education and the Director of the Division of Career and Technical Education or their designees shall serve as nonvoting, ex officio members of the board. (b) (1) The board may elect the necessary officers, acting by and through the Commissioner of the Division of Higher Education. (2) The Division of Higher Education shall have the sole authority to: (A) Approve all schools offering programs of study leading to or enhancing an occupational objective; (B) Administer and enforce this subchapter; and (C) Issue licenses to schools that have met the standards set forth for the purposes of this subchapter by the Division of Higher Education, including without limitation programs of study, adequate facilities, financial stability, qualified personnel, and legitimate operating practices. (c) Upon approval by the Division of Higher Education, any such school may issue certificates or diplomas. (d) The Division of Higher Education shall: (1) Formulate the criteria and the standards evolved for the approval of such licensed schools; (2) Provide for adequate investigation of all schools applying for a license; (3) Issue licenses to those applicants meeting the standards fixed by the Division of Higher Education; and (4) Maintain a list of schools approved under the provisions of this subchapter. (e) The Division of Higher Education shall formulate the standards evolved under this subchapter for the approval of admissions representatives of such licensed schools and issue licenses to those applicants meeting the standards fixed by the Division of Higher Education. (f) In consultation with the board, the Division of Higher Education shall promulgate standards and rules to be prescribed for the administration of this subchapter and the management and operation of the schools and admissions representatives, subject to the provisions of this subchapter. (g) The Division of Higher Education shall participate in the hearings provided to schools and admissions representatives in cases of revocation or denial of licensure. (h) Official meetings of the board may be called by the Chair of the State Board of Private Career Education as necessary, but meetings shall be held at least four (4) times a year. (i) A majority of favorable votes by the board members at an official meeting is required for adoption of a recommendation. (j) Board members may be reimbursed for expenses in accordance with § 25-16-901 and stipends according to § 25-16-903 . (k) The board may adopt and use a seal, which may be used for the authentication of the recommendations of the board. (l) (1) The Division of Higher Education shall annually require background investigations for all partners or shareholders with ten percent (10%) or more ownership interest in a school when the school seeks an original license. (2) The Division of Higher Education may establish a schedule for periodic background checks for partners or shareholders with ten percent (10%) or more ownership interest in a school when seeking renewal of a school license. (m) (1) The partners or shareholders shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (2) The check shall conform to the applicable federal standards and shall include the taking of fingerprints. (3) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check. (4) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Division of Higher Education all information obtained concerning the person in the commission of any offense listed in § 6-51-606(g)(3) . (5) (A) The Division of Higher Education may issue a nonrenewable temporary license pending the results of the criminal background check. (B) The license shall be valid for no more than six (6) months. (C) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that only one (1) of the partners or shareholders of the school holding the license has been convicted of any offense listed in § 6-51-606(g)(3) , the Division of Higher Education shall revoke the license. (n) (1) The provisions of § 6-51-606(g) may be waived by the Division of Higher Education upon the request of: (A) An affected applicant for licensure; or (B) The partners or shareholders of a school holding a license subject to revocation. (2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat. (o) (1) Any information received by the Division of Higher Education from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (p) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only. (q) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check required by this section. (r) In consultation with the board, the Division of Higher Education shall adopt the necessary rules to fully implement the provisions of this section. Amended by Act 2023, No. 786,§ 11, eff. 4/12/2023. Amended by Act 2023, No. 786,§ 10, eff. 4/12/2023. Amended by Act 2021, No. 252,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 755,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1870, eff. 7/1/2019. Amended by Act 2017, No. 565,§ 5, eff. 3/22/2017. Acts 1983, No. 770, § 3; A.S.A. 1947, § 80-4303; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 1997, No. 250, § 24; 2003, No. 1781, §§ 4-6.

(a) (1) (A) The Governor shall appoint a State Board of Private Career Education of seven (7) members who shall serve for terms of seven (7) years. (B) The Governor shall make appointments or reappointments to the board to provide membership of three (3) persons associated with schools and four (4) persons from the general public. (2) The Commissioner of the Division of Higher Education and the Director of the Division of Career and Technical Education or their designees shall serve as nonvoting, ex officio members of the board.

(1) (A) The Governor shall appoint a State Board of Private Career Education of seven (7) members who shall serve for terms of seven (7) years. (B) The Governor shall make appointments or reappointments to the board to provide membership of three (3) persons associated with schools and four (4) persons from the general public.

(A) The Governor shall appoint a State Board of Private Career Education of seven (7) members who shall serve for terms of seven (7) years.

(B) The Governor shall make appointments or reappointments to the board to provide membership of three (3) persons associated with schools and four (4) persons from the general public.

(2) The Commissioner of the Division of Higher Education and the Director of the Division of Career and Technical Education or their designees shall serve as nonvoting, ex officio members of the board.

(b) (1) The board may elect the necessary officers, acting by and through the Commissioner of the Division of Higher Education. (2) The Division of Higher Education shall have the sole authority to: (A) Approve all schools offering programs of study leading to or enhancing an occupational objective; (B) Administer and enforce this subchapter; and (C) Issue licenses to schools that have met the standards set forth for the purposes of this subchapter by the Division of Higher Education, including without limitation programs of study, adequate facilities, financial stability, qualified personnel, and legitimate operating practices.

(1) The board may elect the necessary officers, acting by and through the Commissioner of the Division of Higher Education.

(2) The Division of Higher Education shall have the sole authority to: (A) Approve all schools offering programs of study leading to or enhancing an occupational objective; (B) Administer and enforce this subchapter; and (C) Issue licenses to schools that have met the standards set forth for the purposes of this subchapter by the Division of Higher Education, including without limitation programs of study, adequate facilities, financial stability, qualified personnel, and legitimate operating practices.

(A) Approve all schools offering programs of study leading to or enhancing an occupational objective;

(B) Administer and enforce this subchapter; and

(C) Issue licenses to schools that have met the standards set forth for the purposes of this subchapter by the Division of Higher Education, including without limitation programs of study, adequate facilities, financial stability, qualified personnel, and legitimate operating practices.

(c) Upon approval by the Division of Higher Education, any such school may issue certificates or diplomas.

(d) The Division of Higher Education shall: (1) Formulate the criteria and the standards evolved for the approval of such licensed schools; (2) Provide for adequate investigation of all schools applying for a license; (3) Issue licenses to those applicants meeting the standards fixed by the Division of Higher Education; and (4) Maintain a list of schools approved under the provisions of this subchapter.

(1) Formulate the criteria and the standards evolved for the approval of such licensed schools;

(2) Provide for adequate investigation of all schools applying for a license;

(3) Issue licenses to those applicants meeting the standards fixed by the Division of Higher Education; and

(4) Maintain a list of schools approved under the provisions of this subchapter.

(e) The Division of Higher Education shall formulate the standards evolved under this subchapter for the approval of admissions representatives of such licensed schools and issue licenses to those applicants meeting the standards fixed by the Division of Higher Education.

(f) In consultation with the board, the Division of Higher Education shall promulgate standards and rules to be prescribed for the administration of this subchapter and the management and operation of the schools and admissions representatives, subject to the provisions of this subchapter.

(g) The Division of Higher Education shall participate in the hearings provided to schools and admissions representatives in cases of revocation or denial of licensure.

(h) Official meetings of the board may be called by the Chair of the State Board of Private Career Education as necessary, but meetings shall be held at least four (4) times a year.

(i) A majority of favorable votes by the board members at an official meeting is required for adoption of a recommendation.

(j) Board members may be reimbursed for expenses in accordance with § 25-16-901 and stipends according to § 25-16-903 .

(k) The board may adopt and use a seal, which may be used for the authentication of the recommendations of the board.

(l) (1) The Division of Higher Education shall annually require background investigations for all partners or shareholders with ten percent (10%) or more ownership interest in a school when the school seeks an original license. (2) The Division of Higher Education may establish a schedule for periodic background checks for partners or shareholders with ten percent (10%) or more ownership interest in a school when seeking renewal of a school license.

(1) The Division of Higher Education shall annually require background investigations for all partners or shareholders with ten percent (10%) or more ownership interest in a school when the school seeks an original license.

(2) The Division of Higher Education may establish a schedule for periodic background checks for partners or shareholders with ten percent (10%) or more ownership interest in a school when seeking renewal of a school license.

(m) (1) The partners or shareholders shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (2) The check shall conform to the applicable federal standards and shall include the taking of fingerprints. (3) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check. (4) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Division of Higher Education all information obtained concerning the person in the commission of any offense listed in § 6-51-606(g)(3) . (5) (A) The Division of Higher Education may issue a nonrenewable temporary license pending the results of the criminal background check. (B) The license shall be valid for no more than six (6) months. (C) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that only one (1) of the partners or shareholders of the school holding the license has been convicted of any offense listed in § 6-51-606(g)(3) , the Division of Higher Education shall revoke the license.

(1) The partners or shareholders shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation.

(2) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.

(3) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.

(4) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Division of Higher Education all information obtained concerning the person in the commission of any offense listed in § 6-51-606(g)(3) .

(5) (A) The Division of Higher Education may issue a nonrenewable temporary license pending the results of the criminal background check. (B) The license shall be valid for no more than six (6) months. (C) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that only one (1) of the partners or shareholders of the school holding the license has been convicted of any offense listed in § 6-51-606(g)(3) , the Division of Higher Education shall revoke the license.

(A) The Division of Higher Education may issue a nonrenewable temporary license pending the results of the criminal background check.

(B) The license shall be valid for no more than six (6) months.

(C) Upon receipt of information from the Identification Bureau of the Division of Arkansas State Police that only one (1) of the partners or shareholders of the school holding the license has been convicted of any offense listed in § 6-51-606(g)(3) , the Division of Higher Education shall revoke the license.

(n) (1) The provisions of § 6-51-606(g) may be waived by the Division of Higher Education upon the request of: (A) An affected applicant for licensure; or (B) The partners or shareholders of a school holding a license subject to revocation. (2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat.

(1) The provisions of § 6-51-606(g) may be waived by the Division of Higher Education upon the request of: (A) An affected applicant for licensure; or (B) The partners or shareholders of a school holding a license subject to revocation.

(A) An affected applicant for licensure; or

(B) The partners or shareholders of a school holding a license subject to revocation.

(2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat.

(A) The age at which the crime was committed;

(B) The circumstances surrounding the crime;

(C) The length of time since the crime;

(D) Subsequent work history;

(E) Employment references;

(F) Character references; and

(G) Other evidence demonstrating that the applicant does not pose a threat.

(o) (1) Any information received by the Division of Higher Education from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.

(1) Any information received by the Division of Higher Education from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative.

(A) The affected applicant for licensure or his or her authorized representative; or

(B) The person whose license is subject to revocation or his or her authorized representative.

(2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.

(p) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.

(q) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check required by this section.

(r) In consultation with the board, the Division of Higher Education shall adopt the necessary rules to fully implement the provisions of this section.

Amended by Act 2023, No. 786,§ 11, eff. 4/12/2023.

Amended by Act 2023, No. 786,§ 10, eff. 4/12/2023.

Amended by Act 2021, No. 252,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 755,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1870, eff. 7/1/2019.

Amended by Act 2017, No. 565,§ 5, eff. 3/22/2017.

Acts 1983, No. 770, § 3; A.S.A. 1947, § 80-4303; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 1997, No. 250, § 24; 2003, No. 1781, §§ 4-6.
Ark. Code Ann. § 6-18-803 — AR Code / Title 6 / Chapter 18 / Subchapter 8 / Section 6-18-803
[Repealed]
Status: repealed

Repealed by Act 2017, No. 745,§ 26, eff. 8/1/2017. Acts 1965, No. 13, § 2; A.S.A. 1947, § 80-4402.

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

Acts 1965, No. 13, § 2; A.S.A. 1947, § 80-4402.
Ark. Code Ann. § 6-18-201 — AR Code / Title 6 / Chapter 18 / Subchapter 2 / Section 6-18-201
Compulsory attendance - Exceptions
Status: in_force

(a) Under the penalty for noncompliance set by law, every parent, legal guardian, person having lawful control of the child, or person standing in loco parentis residing within the State of Arkansas and having custody or charge of a child five (5) years of age through seventeen (17) years of age on or before the date established in § 6-18-207 for the minimum age for enrollment in public school shall enroll the child in and ensure the attendance of the child at a public, private, or parochial school or provide a home school for the child, as described in § 6-15-501 et seq., with the following exceptions: (1) (A) A parent, legal guardian, person having lawful control of a child, or person standing in loco parentis residing within the state and having custody or charge of the child may elect for the child not to attend kindergarten if the child will not be six (6) years of age on the date established in § 6-18-207 for the minimum age for enrollment in public school for that school year. (B) (i) If an election is made under subdivision (a)(1)(A) of this section, the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall file a signed kindergarten waiver form with the local school district administrative office. (ii) The kindergarten waiver form shall be prescribed by rule of the Division of Elementary and Secondary Education. (C) Upon the filing of the kindergarten waiver form, the child shall not be required to attend kindergarten during that school year; (2) A child who has received a high school diploma or its equivalent as determined by the State Board of Education is not subject to the attendance requirement under this section; (3) A child sixteen (16) years of age or older who is enrolled in a postsecondary vocational-technical institution, a community college, or a two-year or four-year institution of higher education is not subject to the attendance requirement under this section; and (4) A child sixteen (16) years of age or older who is enrolled in an adult education program under subsection (b) of this section or in the Arkansas National Guard Youth Challenge Program is not subject to the attendance requirement under this section. (b) A local school district may grant a waiver of the attendance requirement to any student sixteen (16) years of age or seventeen (17) years of age to enroll in an adult education program only after all of the following requirements have been met: (1) The student makes formal application to the school district for a waiver to enroll in an adult education program; (2) (A) After formal application and before any further action on the application, the student shall be administered either a basic skills test or a high school equivalency practice test under standardized testing conditions by a public school official designated by the school and shall score an appropriate score as determined by the Adult Education Section on the basic skills test or a passing score on all areas of the official high school equivalency practice test. (B) Provided, however, that the minimum test scores shall not be required of any student who is subject to the attendance requirement of this section but who was not enrolled in any school district during the previous school year; (3) The student and the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis meet with the school counselor to discuss academic options open to the student; (4) The school district determines that the student is a proper candidate for enrollment in adult education, contingent upon approval by the appropriate adult education program; (5) The adult education program reviews the student's school and testing records and agrees to admit the student into the adult education program; (6) The adult education program shall report attendance of all sixteen-year-old and seventeen-year-old enrollees to the sending school district on at least a monthly basis; (7) (A) The adult education program shall require for continued enrollment a minimum of twenty (20) hours per week of class attendance and instruction. (B) Provided, however, that a minimum of ten (10) hours shall be required for any student who is employed for thirty (30) hours or more each week; (8) The student, the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis, and the administrative head of the adult education program agree in writing that the student will attend the requisite number of hours per week and maintain appropriate conduct as outlined in the local adult education program student handbook; (9) In the event that a more appropriate assessment test or testing and assessment mechanism shall be developed to determine a reasonable level of competency for success at the adult education level, that test or mechanism shall be substituted, with the approval of the Adult Education Section, for the tests required in subdivision (b)(2) of this section; (10) In the event that a student does not attend class as mandated in this subsection or make reasonable progress toward the completion of the adult education curriculum, the student shall reenroll in a public school within five (5) days from the date the student is released from the adult education program; and (11) The requirements in this subsection shall not apply to students enrolled in a private, parochial, or home school in the state. (c) Students sixteen (16) years of age or seventeen (17) years of age enrolled in a private, parochial, or home school who desire to enroll in an adult education program shall meet the following requirements: (1) (A) Students shall apply for enrollment to the adult education program. (B) A student enrolled in a private or parochial school shall provide a letter from the principal or administrator of the private or parochial school to verify enrollment and shall score 8.5 grade level or above on the Test for Adult Basic Education or a minimum score of four hundred fifty (450) on each section and a minimum composite score of four hundred ninety (490) on the GED practice test. (C) A student that is home schooled shall provide a notarized copy of the notice of intent to home school provided to the superintendent of the local school district as required by § 6-15-503 ; (2) The student and the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall meet with the appropriate staff of the adult education program to discuss academic options open to the student; (3) The adult education program administrators shall review the student's school and testing records before allowing admission to an adult education program; (4) (A) Except as provided in subdivision (c)(4)(B) of this section, the adult education program shall require for continued enrollment a minimum of twenty (20) hours per week of class attendance and instruction. (B) A minimum of ten (10) hours shall be required for any student who is employed for thirty (30) hours or more each week; (5) The student, the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis, and the administrative head of the adult education program agree in writing that the student will attend the requisite number of hours per week and maintain appropriate conduct as outlined in the local adult education program student handbook; (6) In the event that a student does not attend class as mandated in this subsection or make reasonable progress toward the completion of the adult education curriculum, the student shall reenroll in either a public, private, parochial, or home school within five (5) days from the date that the student is released from the adult education program; and (7) If a home school student is accepted into the adult education program, the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall send written notification to the local public school superintendent of his or her intent to participate in the adult education program. (d) Students age sixteen (16) or above enrolled in a private, parochial, or home school who desire to take the GED test shall meet the following requirements: (1) A student shall not be required to obtain permission or approval from any official in a public school district before being allowed to take the test; (2) A student enrolled in a private or parochial school shall provide a letter from the principal or administrator of the private or parochial school to verify enrollment; (3) A student enrolled in a home school shall provide a notarized copy of the notice of intent to home school provided to the superintendent of the local school district as required by § 6-15-503 ; and (4) A student enrolled in a private, parochial, or home school must achieve at least the minimum official GED practice test scores. (e) (1) Nothing in this section shall prohibit a public school district from continuing with an adult education program to provide educational services to sixteen-year-olds and seventeen-year-olds enrolled in public school if a contract is negotiated between the district and the adult education program that includes: (A) Financial considerations for serving the students enrolled in the public school districts; and (B) Accountability measures to ensure monitoring of student progress and attendance. (2) Any contract for services by an adult education program for sixteen-year-olds and seventeen-year-olds shall be submitted to the Adult Education Section for final approval. (3) Any student served by an adult education program under a contractual arrangement as described in this subsection shall not be counted in any enrollment numbers reported by the adult education programs for state or federal funding. (f) Any child who will be six (6) years of age on or before October 1 of the school year of enrollment and who has not completed a state-accredited kindergarten program shall be evaluated by the district and may be placed in the first grade if the results of the evaluation justify placement in this first grade and the child's parent agrees with placement in the first grade. Otherwise, the child shall be placed in kindergarten. Amended by Act 2021, No. 544,§ 30, eff. 7/28/2021. Amended by Act 2019, No. 756,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 142, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 141, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 140, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 139, eff. 7/1/2019. Amended by Act 2015, No. 1115,§ 5, eff. 7/22/2015. Acts 1983 (Ex. Sess.), No. 60, § 3; 1985, No. 1029, § 2; 1985 (1st Ex. Sess.), No. 40, § 1; 1985 (1st Ex. Sess.), No. 42, § 1; A.S.A. 1947, §§ 80-1503, 80-1503.4; Acts 1987, No. 319, § 1; 1989, No. 598, § 1; 1991, No. 320, § 1; 1994 (2nd Ex. Sess.), No. 30, § 1; 1994 (2nd Ex. Sess.), No. 31, § 1; 1995, No. 837, §§ 1, 2; 1997, No. 1148, § 1; 1997, No. 1230, § 1; 1999, No. 570, § 1; 2001, No. 1514, § 1; 2001, No. 1535, § 1; 2001, No. 1659, § 1; 2003, No. 604, §§ 1-3; 2009, No. 215, § 1; 2009, No. 376, § 36.

(a) Under the penalty for noncompliance set by law, every parent, legal guardian, person having lawful control of the child, or person standing in loco parentis residing within the State of Arkansas and having custody or charge of a child five (5) years of age through seventeen (17) years of age on or before the date established in § 6-18-207 for the minimum age for enrollment in public school shall enroll the child in and ensure the attendance of the child at a public, private, or parochial school or provide a home school for the child, as described in § 6-15-501 et seq., with the following exceptions: (1) (A) A parent, legal guardian, person having lawful control of a child, or person standing in loco parentis residing within the state and having custody or charge of the child may elect for the child not to attend kindergarten if the child will not be six (6) years of age on the date established in § 6-18-207 for the minimum age for enrollment in public school for that school year. (B) (i) If an election is made under subdivision (a)(1)(A) of this section, the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall file a signed kindergarten waiver form with the local school district administrative office. (ii) The kindergarten waiver form shall be prescribed by rule of the Division of Elementary and Secondary Education. (C) Upon the filing of the kindergarten waiver form, the child shall not be required to attend kindergarten during that school year; (2) A child who has received a high school diploma or its equivalent as determined by the State Board of Education is not subject to the attendance requirement under this section; (3) A child sixteen (16) years of age or older who is enrolled in a postsecondary vocational-technical institution, a community college, or a two-year or four-year institution of higher education is not subject to the attendance requirement under this section; and (4) A child sixteen (16) years of age or older who is enrolled in an adult education program under subsection (b) of this section or in the Arkansas National Guard Youth Challenge Program is not subject to the attendance requirement under this section.

(1) (A) A parent, legal guardian, person having lawful control of a child, or person standing in loco parentis residing within the state and having custody or charge of the child may elect for the child not to attend kindergarten if the child will not be six (6) years of age on the date established in § 6-18-207 for the minimum age for enrollment in public school for that school year. (B) (i) If an election is made under subdivision (a)(1)(A) of this section, the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall file a signed kindergarten waiver form with the local school district administrative office. (ii) The kindergarten waiver form shall be prescribed by rule of the Division of Elementary and Secondary Education. (C) Upon the filing of the kindergarten waiver form, the child shall not be required to attend kindergarten during that school year;

(A) A parent, legal guardian, person having lawful control of a child, or person standing in loco parentis residing within the state and having custody or charge of the child may elect for the child not to attend kindergarten if the child will not be six (6) years of age on the date established in § 6-18-207 for the minimum age for enrollment in public school for that school year.

(B) (i) If an election is made under subdivision (a)(1)(A) of this section, the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall file a signed kindergarten waiver form with the local school district administrative office. (ii) The kindergarten waiver form shall be prescribed by rule of the Division of Elementary and Secondary Education.

(i) If an election is made under subdivision (a)(1)(A) of this section, the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall file a signed kindergarten waiver form with the local school district administrative office.

(ii) The kindergarten waiver form shall be prescribed by rule of the Division of Elementary and Secondary Education.

(C) Upon the filing of the kindergarten waiver form, the child shall not be required to attend kindergarten during that school year;

(2) A child who has received a high school diploma or its equivalent as determined by the State Board of Education is not subject to the attendance requirement under this section;

(3) A child sixteen (16) years of age or older who is enrolled in a postsecondary vocational-technical institution, a community college, or a two-year or four-year institution of higher education is not subject to the attendance requirement under this section; and

(4) A child sixteen (16) years of age or older who is enrolled in an adult education program under subsection (b) of this section or in the Arkansas National Guard Youth Challenge Program is not subject to the attendance requirement under this section.

(b) A local school district may grant a waiver of the attendance requirement to any student sixteen (16) years of age or seventeen (17) years of age to enroll in an adult education program only after all of the following requirements have been met: (1) The student makes formal application to the school district for a waiver to enroll in an adult education program; (2) (A) After formal application and before any further action on the application, the student shall be administered either a basic skills test or a high school equivalency practice test under standardized testing conditions by a public school official designated by the school and shall score an appropriate score as determined by the Adult Education Section on the basic skills test or a passing score on all areas of the official high school equivalency practice test. (B) Provided, however, that the minimum test scores shall not be required of any student who is subject to the attendance requirement of this section but who was not enrolled in any school district during the previous school year; (3) The student and the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis meet with the school counselor to discuss academic options open to the student; (4) The school district determines that the student is a proper candidate for enrollment in adult education, contingent upon approval by the appropriate adult education program; (5) The adult education program reviews the student's school and testing records and agrees to admit the student into the adult education program; (6) The adult education program shall report attendance of all sixteen-year-old and seventeen-year-old enrollees to the sending school district on at least a monthly basis; (7) (A) The adult education program shall require for continued enrollment a minimum of twenty (20) hours per week of class attendance and instruction. (B) Provided, however, that a minimum of ten (10) hours shall be required for any student who is employed for thirty (30) hours or more each week; (8) The student, the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis, and the administrative head of the adult education program agree in writing that the student will attend the requisite number of hours per week and maintain appropriate conduct as outlined in the local adult education program student handbook; (9) In the event that a more appropriate assessment test or testing and assessment mechanism shall be developed to determine a reasonable level of competency for success at the adult education level, that test or mechanism shall be substituted, with the approval of the Adult Education Section, for the tests required in subdivision (b)(2) of this section; (10) In the event that a student does not attend class as mandated in this subsection or make reasonable progress toward the completion of the adult education curriculum, the student shall reenroll in a public school within five (5) days from the date the student is released from the adult education program; and (11) The requirements in this subsection shall not apply to students enrolled in a private, parochial, or home school in the state.

(1) The student makes formal application to the school district for a waiver to enroll in an adult education program;

(2) (A) After formal application and before any further action on the application, the student shall be administered either a basic skills test or a high school equivalency practice test under standardized testing conditions by a public school official designated by the school and shall score an appropriate score as determined by the Adult Education Section on the basic skills test or a passing score on all areas of the official high school equivalency practice test. (B) Provided, however, that the minimum test scores shall not be required of any student who is subject to the attendance requirement of this section but who was not enrolled in any school district during the previous school year;

(A) After formal application and before any further action on the application, the student shall be administered either a basic skills test or a high school equivalency practice test under standardized testing conditions by a public school official designated by the school and shall score an appropriate score as determined by the Adult Education Section on the basic skills test or a passing score on all areas of the official high school equivalency practice test.

(B) Provided, however, that the minimum test scores shall not be required of any student who is subject to the attendance requirement of this section but who was not enrolled in any school district during the previous school year;

(3) The student and the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis meet with the school counselor to discuss academic options open to the student;

(4) The school district determines that the student is a proper candidate for enrollment in adult education, contingent upon approval by the appropriate adult education program;

(5) The adult education program reviews the student's school and testing records and agrees to admit the student into the adult education program;

(6) The adult education program shall report attendance of all sixteen-year-old and seventeen-year-old enrollees to the sending school district on at least a monthly basis;

(7) (A) The adult education program shall require for continued enrollment a minimum of twenty (20) hours per week of class attendance and instruction. (B) Provided, however, that a minimum of ten (10) hours shall be required for any student who is employed for thirty (30) hours or more each week;

(A) The adult education program shall require for continued enrollment a minimum of twenty (20) hours per week of class attendance and instruction.

(B) Provided, however, that a minimum of ten (10) hours shall be required for any student who is employed for thirty (30) hours or more each week;

(8) The student, the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis, and the administrative head of the adult education program agree in writing that the student will attend the requisite number of hours per week and maintain appropriate conduct as outlined in the local adult education program student handbook;

(9) In the event that a more appropriate assessment test or testing and assessment mechanism shall be developed to determine a reasonable level of competency for success at the adult education level, that test or mechanism shall be substituted, with the approval of the Adult Education Section, for the tests required in subdivision (b)(2) of this section;

(10) In the event that a student does not attend class as mandated in this subsection or make reasonable progress toward the completion of the adult education curriculum, the student shall reenroll in a public school within five (5) days from the date the student is released from the adult education program; and

(11) The requirements in this subsection shall not apply to students enrolled in a private, parochial, or home school in the state.

(c) Students sixteen (16) years of age or seventeen (17) years of age enrolled in a private, parochial, or home school who desire to enroll in an adult education program shall meet the following requirements: (1) (A) Students shall apply for enrollment to the adult education program. (B) A student enrolled in a private or parochial school shall provide a letter from the principal or administrator of the private or parochial school to verify enrollment and shall score 8.5 grade level or above on the Test for Adult Basic Education or a minimum score of four hundred fifty (450) on each section and a minimum composite score of four hundred ninety (490) on the GED practice test. (C) A student that is home schooled shall provide a notarized copy of the notice of intent to home school provided to the superintendent of the local school district as required by § 6-15-503 ; (2) The student and the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall meet with the appropriate staff of the adult education program to discuss academic options open to the student; (3) The adult education program administrators shall review the student's school and testing records before allowing admission to an adult education program; (4) (A) Except as provided in subdivision (c)(4)(B) of this section, the adult education program shall require for continued enrollment a minimum of twenty (20) hours per week of class attendance and instruction. (B) A minimum of ten (10) hours shall be required for any student who is employed for thirty (30) hours or more each week; (5) The student, the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis, and the administrative head of the adult education program agree in writing that the student will attend the requisite number of hours per week and maintain appropriate conduct as outlined in the local adult education program student handbook; (6) In the event that a student does not attend class as mandated in this subsection or make reasonable progress toward the completion of the adult education curriculum, the student shall reenroll in either a public, private, parochial, or home school within five (5) days from the date that the student is released from the adult education program; and (7) If a home school student is accepted into the adult education program, the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall send written notification to the local public school superintendent of his or her intent to participate in the adult education program.

(1) (A) Students shall apply for enrollment to the adult education program. (B) A student enrolled in a private or parochial school shall provide a letter from the principal or administrator of the private or parochial school to verify enrollment and shall score 8.5 grade level or above on the Test for Adult Basic Education or a minimum score of four hundred fifty (450) on each section and a minimum composite score of four hundred ninety (490) on the GED practice test. (C) A student that is home schooled shall provide a notarized copy of the notice of intent to home school provided to the superintendent of the local school district as required by § 6-15-503 ;

(A) Students shall apply for enrollment to the adult education program.

(B) A student enrolled in a private or parochial school shall provide a letter from the principal or administrator of the private or parochial school to verify enrollment and shall score 8.5 grade level or above on the Test for Adult Basic Education or a minimum score of four hundred fifty (450) on each section and a minimum composite score of four hundred ninety (490) on the GED practice test.

(C) A student that is home schooled shall provide a notarized copy of the notice of intent to home school provided to the superintendent of the local school district as required by § 6-15-503 ;

(2) The student and the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall meet with the appropriate staff of the adult education program to discuss academic options open to the student;

(3) The adult education program administrators shall review the student's school and testing records before allowing admission to an adult education program;

(4) (A) Except as provided in subdivision (c)(4)(B) of this section, the adult education program shall require for continued enrollment a minimum of twenty (20) hours per week of class attendance and instruction. (B) A minimum of ten (10) hours shall be required for any student who is employed for thirty (30) hours or more each week;

(A) Except as provided in subdivision (c)(4)(B) of this section, the adult education program shall require for continued enrollment a minimum of twenty (20) hours per week of class attendance and instruction.

(B) A minimum of ten (10) hours shall be required for any student who is employed for thirty (30) hours or more each week;

(5) The student, the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis, and the administrative head of the adult education program agree in writing that the student will attend the requisite number of hours per week and maintain appropriate conduct as outlined in the local adult education program student handbook;

(6) In the event that a student does not attend class as mandated in this subsection or make reasonable progress toward the completion of the adult education curriculum, the student shall reenroll in either a public, private, parochial, or home school within five (5) days from the date that the student is released from the adult education program; and

(7) If a home school student is accepted into the adult education program, the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall send written notification to the local public school superintendent of his or her intent to participate in the adult education program.

(d) Students age sixteen (16) or above enrolled in a private, parochial, or home school who desire to take the GED test shall meet the following requirements: (1) A student shall not be required to obtain permission or approval from any official in a public school district before being allowed to take the test; (2) A student enrolled in a private or parochial school shall provide a letter from the principal or administrator of the private or parochial school to verify enrollment; (3) A student enrolled in a home school shall provide a notarized copy of the notice of intent to home school provided to the superintendent of the local school district as required by § 6-15-503 ; and (4) A student enrolled in a private, parochial, or home school must achieve at least the minimum official GED practice test scores.

(1) A student shall not be required to obtain permission or approval from any official in a public school district before being allowed to take the test;

(2) A student enrolled in a private or parochial school shall provide a letter from the principal or administrator of the private or parochial school to verify enrollment;

(3) A student enrolled in a home school shall provide a notarized copy of the notice of intent to home school provided to the superintendent of the local school district as required by § 6-15-503 ; and

(4) A student enrolled in a private, parochial, or home school must achieve at least the minimum official GED practice test scores.

(e) (1) Nothing in this section shall prohibit a public school district from continuing with an adult education program to provide educational services to sixteen-year-olds and seventeen-year-olds enrolled in public school if a contract is negotiated between the district and the adult education program that includes: (A) Financial considerations for serving the students enrolled in the public school districts; and (B) Accountability measures to ensure monitoring of student progress and attendance. (2) Any contract for services by an adult education program for sixteen-year-olds and seventeen-year-olds shall be submitted to the Adult Education Section for final approval. (3) Any student served by an adult education program under a contractual arrangement as described in this subsection shall not be counted in any enrollment numbers reported by the adult education programs for state or federal funding.

(1) Nothing in this section shall prohibit a public school district from continuing with an adult education program to provide educational services to sixteen-year-olds and seventeen-year-olds enrolled in public school if a contract is negotiated between the district and the adult education program that includes: (A) Financial considerations for serving the students enrolled in the public school districts; and (B) Accountability measures to ensure monitoring of student progress and attendance.

(A) Financial considerations for serving the students enrolled in the public school districts; and

(B) Accountability measures to ensure monitoring of student progress and attendance.

(2) Any contract for services by an adult education program for sixteen-year-olds and seventeen-year-olds shall be submitted to the Adult Education Section for final approval.

(3) Any student served by an adult education program under a contractual arrangement as described in this subsection shall not be counted in any enrollment numbers reported by the adult education programs for state or federal funding.

(f) Any child who will be six (6) years of age on or before October 1 of the school year of enrollment and who has not completed a state-accredited kindergarten program shall be evaluated by the district and may be placed in the first grade if the results of the evaluation justify placement in this first grade and the child's parent agrees with placement in the first grade. Otherwise, the child shall be placed in kindergarten.

Amended by Act 2021, No. 544,§ 30, eff. 7/28/2021.

Amended by Act 2019, No. 756,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 756,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 756,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 756,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 756,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 756,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 142, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 141, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 140, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 139, eff. 7/1/2019.

Amended by Act 2015, No. 1115,§ 5, eff. 7/22/2015.

Acts 1983 (Ex. Sess.), No. 60, § 3; 1985, No. 1029, § 2; 1985 (1st Ex. Sess.), No. 40, § 1; 1985 (1st Ex. Sess.), No. 42, § 1; A.S.A. 1947, §§ 80-1503, 80-1503.4; Acts 1987, No. 319, § 1; 1989, No. 598, § 1; 1991, No. 320, § 1; 1994 (2nd Ex. Sess.), No. 30, § 1; 1994 (2nd Ex. Sess.), No. 31, § 1; 1995, No. 837, §§ 1, 2; 1997, No. 1148, § 1; 1997, No. 1230, § 1; 1999, No. 570, § 1; 2001, No. 1514, § 1; 2001, No. 1535, § 1; 2001, No. 1659, § 1; 2003, No. 604, §§ 1-3; 2009, No. 215, § 1; 2009, No. 376, § 36.
Ark. Code Ann. § 6-20-2206 — AR Code / Title 6 / Chapter 20 / Subchapter 22 / Section 6-20-2206
Miscellaneous provisions
Status: in_force

(a) If the Division of Elementary and Secondary Education determines that an overpayment has been made to a school district, open-enrollment public charter school, or education service cooperative in any funding category authorized by law, the division is authorized to withhold the overpayment from future funding of the school district, open-enrollment public charter school, or education service cooperative and is authorized to transfer the amount withheld for the overpayment to the line item appropriation from which the overpayment was initially made. (b) Each school district, local education agency, open-enrollment public charter school, and education service cooperative shall prepare an annual statement of the financial conditions and transactions of the school district, open-enrollment public charter school, or education service cooperative as of June 30 of each year. (c) In order for a school district, open-enrollment public charter school, or education service cooperative to be entitled to state aid as provided by law, each school district, open-enrollment public charter school, and education service cooperative shall satisfy the following requirements: (1) Expenditures for any fiscal year shall not exceed the legal revenues for that year; (2) The school district, open-enrollment public charter school, and education service cooperative shall maintain such records and make such reports relative to attendance, receipts, and disbursements and other reports as required by the rules of the State Board of Education; (3) The school, school district, open-enrollment public charter school, and education service cooperative shall maintain proper financial records in accordance with the Arkansas Educational Financial Accounting and Reporting System, which includes the Arkansas Financial Accounting Handbook, and any reports required pursuant to § 6-20-2202(e)(2) ; (4) (A) The school district, open-enrollment public charter school, and education service cooperative shall file annually with the state board a salary schedule for its licensed employees which recognizes a minimum level of training and experience. (B) This schedule shall reflect the actual pay practices of the school district, open-enrollment public charter school, or education service cooperative, including all fringe benefits and supplemental salary schedules. (C) Salary increments for experience or education, or both, shall be identified on the schedule; and (5) (A) All pupil attendance records shall be kept in their original form. (B) Pupil attendance records shall be kept according to law and rule on paper or electronic forms either furnished or approved by the division. (C) Original pupil attendance records shall be kept on file in the office of the superintendent of schools after the school term is ended for a period of three (3) years, and these records shall be available for monitoring purposes during any day of the school term by the teachers or other persons designated to keep attendance. (d) School districts may not include the cost of substitute teachers, extended contracts for extracurricular activities, or supplementary pay for extracurricular activities in meeting the expenditures requirement for student classroom teacher salaries. (e) Any licensed classroom teacher or administrator of a school, school district, open-enrollment public charter school, or education service cooperative that provides false expenditure information may have his or her license placed on probation, suspended, or revoked pursuant to rules promulgated by the state board. Amended by Act 2019, No. 757,§ 46, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1664, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1663, eff. 7/1/2019. Amended by Act 2013, No. 1138,§ 49, eff. 8/16/2013. Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 730, § 1.

(a) If the Division of Elementary and Secondary Education determines that an overpayment has been made to a school district, open-enrollment public charter school, or education service cooperative in any funding category authorized by law, the division is authorized to withhold the overpayment from future funding of the school district, open-enrollment public charter school, or education service cooperative and is authorized to transfer the amount withheld for the overpayment to the line item appropriation from which the overpayment was initially made.

(b) Each school district, local education agency, open-enrollment public charter school, and education service cooperative shall prepare an annual statement of the financial conditions and transactions of the school district, open-enrollment public charter school, or education service cooperative as of June 30 of each year.

(c) In order for a school district, open-enrollment public charter school, or education service cooperative to be entitled to state aid as provided by law, each school district, open-enrollment public charter school, and education service cooperative shall satisfy the following requirements: (1) Expenditures for any fiscal year shall not exceed the legal revenues for that year; (2) The school district, open-enrollment public charter school, and education service cooperative shall maintain such records and make such reports relative to attendance, receipts, and disbursements and other reports as required by the rules of the State Board of Education; (3) The school, school district, open-enrollment public charter school, and education service cooperative shall maintain proper financial records in accordance with the Arkansas Educational Financial Accounting and Reporting System, which includes the Arkansas Financial Accounting Handbook, and any reports required pursuant to § 6-20-2202(e)(2) ; (4) (A) The school district, open-enrollment public charter school, and education service cooperative shall file annually with the state board a salary schedule for its licensed employees which recognizes a minimum level of training and experience. (B) This schedule shall reflect the actual pay practices of the school district, open-enrollment public charter school, or education service cooperative, including all fringe benefits and supplemental salary schedules. (C) Salary increments for experience or education, or both, shall be identified on the schedule; and (5) (A) All pupil attendance records shall be kept in their original form. (B) Pupil attendance records shall be kept according to law and rule on paper or electronic forms either furnished or approved by the division. (C) Original pupil attendance records shall be kept on file in the office of the superintendent of schools after the school term is ended for a period of three (3) years, and these records shall be available for monitoring purposes during any day of the school term by the teachers or other persons designated to keep attendance.

(1) Expenditures for any fiscal year shall not exceed the legal revenues for that year;

(2) The school district, open-enrollment public charter school, and education service cooperative shall maintain such records and make such reports relative to attendance, receipts, and disbursements and other reports as required by the rules of the State Board of Education;

(3) The school, school district, open-enrollment public charter school, and education service cooperative shall maintain proper financial records in accordance with the Arkansas Educational Financial Accounting and Reporting System, which includes the Arkansas Financial Accounting Handbook, and any reports required pursuant to § 6-20-2202(e)(2) ;

(4) (A) The school district, open-enrollment public charter school, and education service cooperative shall file annually with the state board a salary schedule for its licensed employees which recognizes a minimum level of training and experience. (B) This schedule shall reflect the actual pay practices of the school district, open-enrollment public charter school, or education service cooperative, including all fringe benefits and supplemental salary schedules. (C) Salary increments for experience or education, or both, shall be identified on the schedule; and

(A) The school district, open-enrollment public charter school, and education service cooperative shall file annually with the state board a salary schedule for its licensed employees which recognizes a minimum level of training and experience.

(B) This schedule shall reflect the actual pay practices of the school district, open-enrollment public charter school, or education service cooperative, including all fringe benefits and supplemental salary schedules.

(C) Salary increments for experience or education, or both, shall be identified on the schedule; and

(5) (A) All pupil attendance records shall be kept in their original form. (B) Pupil attendance records shall be kept according to law and rule on paper or electronic forms either furnished or approved by the division. (C) Original pupil attendance records shall be kept on file in the office of the superintendent of schools after the school term is ended for a period of three (3) years, and these records shall be available for monitoring purposes during any day of the school term by the teachers or other persons designated to keep attendance.

(A) All pupil attendance records shall be kept in their original form.

(B) Pupil attendance records shall be kept according to law and rule on paper or electronic forms either furnished or approved by the division.

(C) Original pupil attendance records shall be kept on file in the office of the superintendent of schools after the school term is ended for a period of three (3) years, and these records shall be available for monitoring purposes during any day of the school term by the teachers or other persons designated to keep attendance.

(d) School districts may not include the cost of substitute teachers, extended contracts for extracurricular activities, or supplementary pay for extracurricular activities in meeting the expenditures requirement for student classroom teacher salaries.

(e) Any licensed classroom teacher or administrator of a school, school district, open-enrollment public charter school, or education service cooperative that provides false expenditure information may have his or her license placed on probation, suspended, or revoked pursuant to rules promulgated by the state board.

Amended by Act 2019, No. 757,§ 46, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1664, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1663, eff. 7/1/2019.

Amended by Act 2013, No. 1138,§ 49, eff. 8/16/2013.

Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 730, § 1.
Ark. Code Ann. § 6-62-804 — AR Code / Title 6 / Chapter 62 / Subchapter 8 / Section 6-62-804
Deficits - Assessment of student athletic fee
Status: in_force

(a) Any athletic deficit of an institution shall be funded by a student athletic fee authorized by the board of trustees of each institution. (b) The student athletic fee shall be assessed on the basis of student semester credit hour and shall be clearly defined in all publications and institutional board minutes as being for the support of intercollegiate athletics, separate and distinct from other tuition or student activity fees. Acts 1991, No. 366, § 4.

(a) Any athletic deficit of an institution shall be funded by a student athletic fee authorized by the board of trustees of each institution.

(b) The student athletic fee shall be assessed on the basis of student semester credit hour and shall be clearly defined in all publications and institutional board minutes as being for the support of intercollegiate athletics, separate and distinct from other tuition or student activity fees.

Acts 1991, No. 366, § 4.
Ark. Code Ann. § 6-20-1907 — AR Code / Title 6 / Chapter 20 / Subchapter 19 / Section 6-20-1907
Debt issuance
Status: in_force

No school district identified in fiscal distress may incur any debt without the prior written approval of the Division of Elementary and Secondary Education. Amended by Act 2019, No. 910,§ 1635, eff. 7/1/2019. Acts 2003, No. 1467, § 18.

No school district identified in fiscal distress may incur any debt without the prior written approval of the Division of Elementary and Secondary Education.

Amended by Act 2019, No. 910,§ 1635, eff. 7/1/2019.

Acts 2003, No. 1467, § 18.
Ark. Code Ann. § 6-47-404 — AR Code / Title 6 / Chapter 47 / Subchapter 4 / Section 6-47-404
Establishment and implementation
Status: in_force

(a) There is established the Arkansas Distance Learning Development Program, which shall be conducted by the Division of Elementary and Secondary Education and administered through the Commissioner of Elementary and Secondary Education. (b) The program shall have four (4) focus areas: (1) To help alleviate the increasing shortage of available qualified teachers; (2) To provide additional course-scheduling opportunities for students currently forced to choose between courses that are scheduled infrequently or concurrently; (3) To provide an opportunity for students to access an enriched curriculum and additional courses beyond those mandated by the Standards for Accreditation of Arkansas Public Schools and School Districts; and (4) To develop and make available online professional development and instructional resources for all teachers and administrators. (c) (1) The funding necessary to carry out the provisions of this subchapter may be derived from donations, grants, or legislative appropriation. (2) The commissioner may solicit and receive donations and grants for the purpose of administering the program. (3) (A) All donations, grants, and appropriations received shall be accounted for by the division. (B) Fund balances may be carried over from one (1) year to the next to continue the program. (d) The commissioner shall review the implementation of this program annually and make recommendations to the State Board of Education regarding the number and amount of awards to ensure that the purpose of the program is achieved. (e) The commissioner may enter into contracts or provide grants to local education agencies, education service cooperatives, or other entities for personnel, facilities, and services necessary to implement this program. (f) Students taking courses through this program shall be considered entitled to any public education credits and grades assigned through this program, and those credits and grades shall be accepted by all public schools in the State of Arkansas. (g) Courses offered or taught through the program may be offered or taught to public school students, private school students, and home-schooled students in the State of Arkansas. (h) A home-schooled student or a private school student enrolled in a distance learning course shall not be entitled to any rights, privileges, courses, activities, or services available to a public school student or open-enrollment public charter school student other than receiving appropriate credit for a completed distance learning course. Amended by Act 2019, No. 910,§ 1839A, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1838, eff. 7/1/2019. Acts 2003, No. 1192, § 2; 2005, No. 2121, § 18; 2005, No. 2325, § 1; 2007, No. 1573, § 40.

(a) There is established the Arkansas Distance Learning Development Program, which shall be conducted by the Division of Elementary and Secondary Education and administered through the Commissioner of Elementary and Secondary Education.

(b) The program shall have four (4) focus areas: (1) To help alleviate the increasing shortage of available qualified teachers; (2) To provide additional course-scheduling opportunities for students currently forced to choose between courses that are scheduled infrequently or concurrently; (3) To provide an opportunity for students to access an enriched curriculum and additional courses beyond those mandated by the Standards for Accreditation of Arkansas Public Schools and School Districts; and (4) To develop and make available online professional development and instructional resources for all teachers and administrators.

(1) To help alleviate the increasing shortage of available qualified teachers;

(2) To provide additional course-scheduling opportunities for students currently forced to choose between courses that are scheduled infrequently or concurrently;

(3) To provide an opportunity for students to access an enriched curriculum and additional courses beyond those mandated by the Standards for Accreditation of Arkansas Public Schools and School Districts; and

(4) To develop and make available online professional development and instructional resources for all teachers and administrators.

(c) (1) The funding necessary to carry out the provisions of this subchapter may be derived from donations, grants, or legislative appropriation. (2) The commissioner may solicit and receive donations and grants for the purpose of administering the program. (3) (A) All donations, grants, and appropriations received shall be accounted for by the division. (B) Fund balances may be carried over from one (1) year to the next to continue the program.

(1) The funding necessary to carry out the provisions of this subchapter may be derived from donations, grants, or legislative appropriation.

(2) The commissioner may solicit and receive donations and grants for the purpose of administering the program.

(3) (A) All donations, grants, and appropriations received shall be accounted for by the division. (B) Fund balances may be carried over from one (1) year to the next to continue the program.

(A) All donations, grants, and appropriations received shall be accounted for by the division.

(B) Fund balances may be carried over from one (1) year to the next to continue the program.

(d) The commissioner shall review the implementation of this program annually and make recommendations to the State Board of Education regarding the number and amount of awards to ensure that the purpose of the program is achieved.

(e) The commissioner may enter into contracts or provide grants to local education agencies, education service cooperatives, or other entities for personnel, facilities, and services necessary to implement this program.

(f) Students taking courses through this program shall be considered entitled to any public education credits and grades assigned through this program, and those credits and grades shall be accepted by all public schools in the State of Arkansas.

(g) Courses offered or taught through the program may be offered or taught to public school students, private school students, and home-schooled students in the State of Arkansas.

(h) A home-schooled student or a private school student enrolled in a distance learning course shall not be entitled to any rights, privileges, courses, activities, or services available to a public school student or open-enrollment public charter school student other than receiving appropriate credit for a completed distance learning course.

Amended by Act 2019, No. 910,§ 1839A, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1838, eff. 7/1/2019.

Acts 2003, No. 1192, § 2; 2005, No. 2121, § 18; 2005, No. 2325, § 1; 2007, No. 1573, § 40.
Ark. Code Ann. § 6-23-105 — AR Code / Title 6 / Chapter 23 / Subchapter 1 / Section 6-23-105
Basis and procedure for public charter school probation or charter modification, revocation, or denial of renewal
Status: in_force

(a) (1) The authorizer may place a public charter school on probation or may modify, revoke, transfer, assign, or deny renewal of its charter if the authorizer determines that the persons operating the public charter school: (A) Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter; (B) Failed to satisfy generally accepted accounting standards of fiscal management; (C) Failed to comply with this chapter or other applicable law or rule; or (D) Failed to meet academic or fiscal performance criteria deemed appropriate and relevant for the public charter school by the authorizer. (2) The authorizer may allow the voluntary assignment of a public charter school upon petition by the public charter school to the authorizer. (3) (A) If the authorizer transfers or assigns the charter of a public charter school to an eligible entity, the authorizer shall not hold the applicant responsible for any activity that occurred before the transfer or assignment, which includes without limitation any disciplinary action taken by the authorizer. (B) After the authorizer transfers or assigns a charter to an eligible entity, the authorizer shall: (i) Issue a new local education agency number as required under § 25-6-107 ; and (ii) Not issue an annual report as required under § 6-15-2101 until the eligible entity to which the charter was transferred has completed at least one (1) school year. (b) Any action the authorizer may take under this section shall be based on the best interests of the public charter school's students, the severity of the violation, and any previous violation the public charter school may have committed. (c) The authorizer shall adopt a procedure to be used for placing a public charter school on probation or modifying, revoking, transferring, assigning, or denying renewal of the public charter school's charter. (d) (1) The procedure adopted under this section shall provide an opportunity for a hearing to the persons operating the public charter school. (2) (A) The hearing shall be held at the Division of Elementary and Secondary Education. (B) The authorizer shall provide sufficient written notice of the time and location of the hearing. (3) There is no further right of appeal beyond the determination of the authorizer. (4) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall not apply to a hearing concerning a public charter school. (e) (1) (A) Immediately upon the revocation, transfer, or assignment of an open-enrollment charter by the authorizer, an open-enrollment public charter school shall: (i) Provide to the division a detailed accounting of all accounts payable due from the state funds held by the open-enrollment public charter school and any additional information or records requested by the division concerning the disbursement of the state funds; (ii) Provide the division with a comprehensive list of all banking information and accounts in which the open-enrollment public charter school holds state or federal funds; (iii) Receive prior approval from the division for an expenditure over five hundred dollars ($500); and (iv) Work in coordination with the division to draft a charter closure plan. (B) (i) Immediately upon the State Board of Education's affirmation of a revocation, assignment, or transfer, the open-enrollment public charter school shall transfer all state and federal funds held by the open-enrollment public charter school to the division. (ii) The division shall hold funds received under subdivision (e)(1)(B)(i) of this section in receivership in a separate fund and shall expend the funds only with prior approval of the Commissioner of Elementary and Secondary Education. (2) (A) The division shall establish a procedure for a claimant to file a claim for disbursement from the state funds. (B) The determination of the division concerning the disbursement of the state funds is final and may not be appealed. (3) If funds remain in receivership for which no legitimate, documented claim has been made to the division within one (1) calendar year after the revocation, transfer, or assignment, the remaining funds shall be transferred to the: (A) Entity that received the public charter school under a transfer or assignment if the public charter school was transferred or assigned; or (B) Public School Fund in all other instances. (4) The state board may promulgate rules to implement this subsection. Amended by Act 2021, No. 774,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 774,§ 9, eff. 7/28/2021. Amended by Act 2021, No. 774,§ 8, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 308, eff. 7/24/2019. Amended by Act 2019, No. 761,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 761,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 761,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 757,§ 54, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1735, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1734, eff. 7/1/2019. Amended by Act 2017, No. 933,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 509,§ 2, eff. 8/16/2013. Acts 1999, No. 890, § 11; 2005, No. 2005, § 3; 2007, No. 736, § 3; 2009, No. 1469, § 23.

(a) (1) The authorizer may place a public charter school on probation or may modify, revoke, transfer, assign, or deny renewal of its charter if the authorizer determines that the persons operating the public charter school: (A) Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter; (B) Failed to satisfy generally accepted accounting standards of fiscal management; (C) Failed to comply with this chapter or other applicable law or rule; or (D) Failed to meet academic or fiscal performance criteria deemed appropriate and relevant for the public charter school by the authorizer. (2) The authorizer may allow the voluntary assignment of a public charter school upon petition by the public charter school to the authorizer. (3) (A) If the authorizer transfers or assigns the charter of a public charter school to an eligible entity, the authorizer shall not hold the applicant responsible for any activity that occurred before the transfer or assignment, which includes without limitation any disciplinary action taken by the authorizer. (B) After the authorizer transfers or assigns a charter to an eligible entity, the authorizer shall: (i) Issue a new local education agency number as required under § 25-6-107 ; and (ii) Not issue an annual report as required under § 6-15-2101 until the eligible entity to which the charter was transferred has completed at least one (1) school year.

(1) The authorizer may place a public charter school on probation or may modify, revoke, transfer, assign, or deny renewal of its charter if the authorizer determines that the persons operating the public charter school: (A) Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter; (B) Failed to satisfy generally accepted accounting standards of fiscal management; (C) Failed to comply with this chapter or other applicable law or rule; or (D) Failed to meet academic or fiscal performance criteria deemed appropriate and relevant for the public charter school by the authorizer.

(A) Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter;

(B) Failed to satisfy generally accepted accounting standards of fiscal management;

(C) Failed to comply with this chapter or other applicable law or rule; or

(D) Failed to meet academic or fiscal performance criteria deemed appropriate and relevant for the public charter school by the authorizer.

(2) The authorizer may allow the voluntary assignment of a public charter school upon petition by the public charter school to the authorizer.

(3) (A) If the authorizer transfers or assigns the charter of a public charter school to an eligible entity, the authorizer shall not hold the applicant responsible for any activity that occurred before the transfer or assignment, which includes without limitation any disciplinary action taken by the authorizer. (B) After the authorizer transfers or assigns a charter to an eligible entity, the authorizer shall: (i) Issue a new local education agency number as required under § 25-6-107 ; and (ii) Not issue an annual report as required under § 6-15-2101 until the eligible entity to which the charter was transferred has completed at least one (1) school year.

(A) If the authorizer transfers or assigns the charter of a public charter school to an eligible entity, the authorizer shall not hold the applicant responsible for any activity that occurred before the transfer or assignment, which includes without limitation any disciplinary action taken by the authorizer.

(B) After the authorizer transfers or assigns a charter to an eligible entity, the authorizer shall: (i) Issue a new local education agency number as required under § 25-6-107 ; and (ii) Not issue an annual report as required under § 6-15-2101 until the eligible entity to which the charter was transferred has completed at least one (1) school year.

(i) Issue a new local education agency number as required under § 25-6-107 ; and

(ii) Not issue an annual report as required under § 6-15-2101 until the eligible entity to which the charter was transferred has completed at least one (1) school year.

(b) Any action the authorizer may take under this section shall be based on the best interests of the public charter school's students, the severity of the violation, and any previous violation the public charter school may have committed.

(c) The authorizer shall adopt a procedure to be used for placing a public charter school on probation or modifying, revoking, transferring, assigning, or denying renewal of the public charter school's charter.

(d) (1) The procedure adopted under this section shall provide an opportunity for a hearing to the persons operating the public charter school. (2) (A) The hearing shall be held at the Division of Elementary and Secondary Education. (B) The authorizer shall provide sufficient written notice of the time and location of the hearing. (3) There is no further right of appeal beyond the determination of the authorizer. (4) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall not apply to a hearing concerning a public charter school.

(1) The procedure adopted under this section shall provide an opportunity for a hearing to the persons operating the public charter school.

(2) (A) The hearing shall be held at the Division of Elementary and Secondary Education. (B) The authorizer shall provide sufficient written notice of the time and location of the hearing.

(A) The hearing shall be held at the Division of Elementary and Secondary Education.

(B) The authorizer shall provide sufficient written notice of the time and location of the hearing.

(3) There is no further right of appeal beyond the determination of the authorizer.

(4) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall not apply to a hearing concerning a public charter school.

(e) (1) (A) Immediately upon the revocation, transfer, or assignment of an open-enrollment charter by the authorizer, an open-enrollment public charter school shall: (i) Provide to the division a detailed accounting of all accounts payable due from the state funds held by the open-enrollment public charter school and any additional information or records requested by the division concerning the disbursement of the state funds; (ii) Provide the division with a comprehensive list of all banking information and accounts in which the open-enrollment public charter school holds state or federal funds; (iii) Receive prior approval from the division for an expenditure over five hundred dollars ($500); and (iv) Work in coordination with the division to draft a charter closure plan. (B) (i) Immediately upon the State Board of Education's affirmation of a revocation, assignment, or transfer, the open-enrollment public charter school shall transfer all state and federal funds held by the open-enrollment public charter school to the division. (ii) The division shall hold funds received under subdivision (e)(1)(B)(i) of this section in receivership in a separate fund and shall expend the funds only with prior approval of the Commissioner of Elementary and Secondary Education. (2) (A) The division shall establish a procedure for a claimant to file a claim for disbursement from the state funds. (B) The determination of the division concerning the disbursement of the state funds is final and may not be appealed. (3) If funds remain in receivership for which no legitimate, documented claim has been made to the division within one (1) calendar year after the revocation, transfer, or assignment, the remaining funds shall be transferred to the: (A) Entity that received the public charter school under a transfer or assignment if the public charter school was transferred or assigned; or (B) Public School Fund in all other instances. (4) The state board may promulgate rules to implement this subsection.

(1) (A) Immediately upon the revocation, transfer, or assignment of an open-enrollment charter by the authorizer, an open-enrollment public charter school shall: (i) Provide to the division a detailed accounting of all accounts payable due from the state funds held by the open-enrollment public charter school and any additional information or records requested by the division concerning the disbursement of the state funds; (ii) Provide the division with a comprehensive list of all banking information and accounts in which the open-enrollment public charter school holds state or federal funds; (iii) Receive prior approval from the division for an expenditure over five hundred dollars ($500); and (iv) Work in coordination with the division to draft a charter closure plan. (B) (i) Immediately upon the State Board of Education's affirmation of a revocation, assignment, or transfer, the open-enrollment public charter school shall transfer all state and federal funds held by the open-enrollment public charter school to the division. (ii) The division shall hold funds received under subdivision (e)(1)(B)(i) of this section in receivership in a separate fund and shall expend the funds only with prior approval of the Commissioner of Elementary and Secondary Education.

(A) Immediately upon the revocation, transfer, or assignment of an open-enrollment charter by the authorizer, an open-enrollment public charter school shall: (i) Provide to the division a detailed accounting of all accounts payable due from the state funds held by the open-enrollment public charter school and any additional information or records requested by the division concerning the disbursement of the state funds; (ii) Provide the division with a comprehensive list of all banking information and accounts in which the open-enrollment public charter school holds state or federal funds; (iii) Receive prior approval from the division for an expenditure over five hundred dollars ($500); and (iv) Work in coordination with the division to draft a charter closure plan.

(i) Provide to the division a detailed accounting of all accounts payable due from the state funds held by the open-enrollment public charter school and any additional information or records requested by the division concerning the disbursement of the state funds;

(ii) Provide the division with a comprehensive list of all banking information and accounts in which the open-enrollment public charter school holds state or federal funds;

(iii) Receive prior approval from the division for an expenditure over five hundred dollars ($500); and

(iv) Work in coordination with the division to draft a charter closure plan.

(B) (i) Immediately upon the State Board of Education's affirmation of a revocation, assignment, or transfer, the open-enrollment public charter school shall transfer all state and federal funds held by the open-enrollment public charter school to the division. (ii) The division shall hold funds received under subdivision (e)(1)(B)(i) of this section in receivership in a separate fund and shall expend the funds only with prior approval of the Commissioner of Elementary and Secondary Education.

(i) Immediately upon the State Board of Education's affirmation of a revocation, assignment, or transfer, the open-enrollment public charter school shall transfer all state and federal funds held by the open-enrollment public charter school to the division.

(ii) The division shall hold funds received under subdivision (e)(1)(B)(i) of this section in receivership in a separate fund and shall expend the funds only with prior approval of the Commissioner of Elementary and Secondary Education.

(2) (A) The division shall establish a procedure for a claimant to file a claim for disbursement from the state funds. (B) The determination of the division concerning the disbursement of the state funds is final and may not be appealed.

(A) The division shall establish a procedure for a claimant to file a claim for disbursement from the state funds.

(B) The determination of the division concerning the disbursement of the state funds is final and may not be appealed.

(3) If funds remain in receivership for which no legitimate, documented claim has been made to the division within one (1) calendar year after the revocation, transfer, or assignment, the remaining funds shall be transferred to the: (A) Entity that received the public charter school under a transfer or assignment if the public charter school was transferred or assigned; or (B) Public School Fund in all other instances.

(A) Entity that received the public charter school under a transfer or assignment if the public charter school was transferred or assigned; or

(B) Public School Fund in all other instances.

(4) The state board may promulgate rules to implement this subsection.

Amended by Act 2021, No. 774,§ 10, eff. 7/28/2021.

Amended by Act 2021, No. 774,§ 9, eff. 7/28/2021.

Amended by Act 2021, No. 774,§ 8, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 308, eff. 7/24/2019.

Amended by Act 2019, No. 761,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 761,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 761,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 757,§ 54, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1735, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1734, eff. 7/1/2019.

Amended by Act 2017, No. 933,§ 4, eff. 8/1/2017.

Amended by Act 2013, No. 509,§ 2, eff. 8/16/2013.

Acts 1999, No. 890, § 11; 2005, No. 2005, § 3; 2007, No. 736, § 3; 2009, No. 1469, § 23.
Ark. Code Ann. § 6-17-1507 — AR Code / Title 6 / Chapter 17 / Subchapter 15 / Section 6-17-1507
[Repealed]
Status: repealed

Repealed by Act 2023, No. 237,§ 33, eff. 6/30/2023. Amended by Act 2021, No. 964,§ 1, eff. 7/28/2021. Acts 1983, No. 936, § 5; A.S.A. 1947, § 80-1266.4; Acts 1999, No. 852, § 2; 2001, No. 1739, § 2; 2011, No. 989, § 56.

Repealed by Act 2023, No. 237,§ 33, eff. 6/30/2023.

Amended by Act 2021, No. 964,§ 1, eff. 7/28/2021.

Acts 1983, No. 936, § 5; A.S.A. 1947, § 80-1266.4; Acts 1999, No. 852, § 2; 2001, No. 1739, § 2; 2011, No. 989, § 56.
Ark. Code Ann. § 6-16-1503 — AR Code / Title 6 / Chapter 16 / Subchapter 15 / Section 6-16-1503
Definitions
Status: in_force

As used in this subchapter: (1) "Eligible student" means a student who is: (A) At least sixteen (16) years of age; (B) Either: (i) Below the fifty percent (50%) of credits required for grade level and the minimum set of credits needed to complete a high school diploma from a public school before twenty-one (21) years of age; or (ii) Recommended for participation in the Reengagement System and Differentiated Pathway to a High School Diploma Program by a high school counselor; and (C) Enrolled in or enrolls in the school district in which the student resides or in a nonresident school district under a legal school choice option; (2) (A) "Full-time equivalent eligible student" means an eligible student whose enrollment and attendance meet the criteria adopted by the school district specifically for the Reengagement System and Differentiated Pathway to a High School Diploma Progam. (B) Criteria adopted by a school district shall be based on: (i) The accumulated credits generated by the student in high school, at a state-supported institution of higher education, or in the Arkansas National Guard Youth Challenge Program; and (ii) A minimum amount of planned programming or instruction and minimum attendance by the student, rather than the hours of seat time; and (3) "Participating program" means an educational program that offers without limitation the following instruction and services: (A) (i) Academic instruction that generates credits that can be applied to a high school diploma from the student's school district or from a state-supported institution of higher education with the goal of enabling the student to obtain the academic and workforce skills necessary for employment, postsecondary education, or the military, including without limitation: (a) Academic skills instruction; and (b) College and workforce readiness preparation. (ii) Academic instruction is not limited to only the subject areas in which the student is deficient in accumulated credits. (iii) Academic instruction shall be provided by a certified teacher or by an instructor employed by a state-supported institution of higher education; (B) Individual graduation plans; (C) Academic and career counseling; (D) Assistance with accessing services and resources that support the student and reduce barriers to achieving educational success and earning a high school diploma; and (E) (i) If the participating program is offered by a state-supported institution of higher education, the opportunity for qualified students to enroll in college courses or workforce readiness courses that lead to a high school diploma or enrollment in postsecondary education programs, including certification programs. (ii) College tuition and fees shall be paid by the school district unless a previous memorandum of understanding specifies that the cost is to be shared by the school district, the state-supported institution of higher education, and the student. Added by Act 2015, No. 1260,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Eligible student" means a student who is: (A) At least sixteen (16) years of age; (B) Either: (i) Below the fifty percent (50%) of credits required for grade level and the minimum set of credits needed to complete a high school diploma from a public school before twenty-one (21) years of age; or (ii) Recommended for participation in the Reengagement System and Differentiated Pathway to a High School Diploma Program by a high school counselor; and (C) Enrolled in or enrolls in the school district in which the student resides or in a nonresident school district under a legal school choice option;

(A) At least sixteen (16) years of age;

(B) Either: (i) Below the fifty percent (50%) of credits required for grade level and the minimum set of credits needed to complete a high school diploma from a public school before twenty-one (21) years of age; or (ii) Recommended for participation in the Reengagement System and Differentiated Pathway to a High School Diploma Program by a high school counselor; and

(i) Below the fifty percent (50%) of credits required for grade level and the minimum set of credits needed to complete a high school diploma from a public school before twenty-one (21) years of age; or

(ii) Recommended for participation in the Reengagement System and Differentiated Pathway to a High School Diploma Program by a high school counselor; and

(C) Enrolled in or enrolls in the school district in which the student resides or in a nonresident school district under a legal school choice option;

(2) (A) "Full-time equivalent eligible student" means an eligible student whose enrollment and attendance meet the criteria adopted by the school district specifically for the Reengagement System and Differentiated Pathway to a High School Diploma Progam. (B) Criteria adopted by a school district shall be based on: (i) The accumulated credits generated by the student in high school, at a state-supported institution of higher education, or in the Arkansas National Guard Youth Challenge Program; and (ii) A minimum amount of planned programming or instruction and minimum attendance by the student, rather than the hours of seat time; and

(A) "Full-time equivalent eligible student" means an eligible student whose enrollment and attendance meet the criteria adopted by the school district specifically for the Reengagement System and Differentiated Pathway to a High School Diploma Progam.

(B) Criteria adopted by a school district shall be based on: (i) The accumulated credits generated by the student in high school, at a state-supported institution of higher education, or in the Arkansas National Guard Youth Challenge Program; and (ii) A minimum amount of planned programming or instruction and minimum attendance by the student, rather than the hours of seat time; and

(i) The accumulated credits generated by the student in high school, at a state-supported institution of higher education, or in the Arkansas National Guard Youth Challenge Program; and

(ii) A minimum amount of planned programming or instruction and minimum attendance by the student, rather than the hours of seat time; and

(3) "Participating program" means an educational program that offers without limitation the following instruction and services: (A) (i) Academic instruction that generates credits that can be applied to a high school diploma from the student's school district or from a state-supported institution of higher education with the goal of enabling the student to obtain the academic and workforce skills necessary for employment, postsecondary education, or the military, including without limitation: (a) Academic skills instruction; and (b) College and workforce readiness preparation. (ii) Academic instruction is not limited to only the subject areas in which the student is deficient in accumulated credits. (iii) Academic instruction shall be provided by a certified teacher or by an instructor employed by a state-supported institution of higher education; (B) Individual graduation plans; (C) Academic and career counseling; (D) Assistance with accessing services and resources that support the student and reduce barriers to achieving educational success and earning a high school diploma; and (E) (i) If the participating program is offered by a state-supported institution of higher education, the opportunity for qualified students to enroll in college courses or workforce readiness courses that lead to a high school diploma or enrollment in postsecondary education programs, including certification programs. (ii) College tuition and fees shall be paid by the school district unless a previous memorandum of understanding specifies that the cost is to be shared by the school district, the state-supported institution of higher education, and the student.

(A) (i) Academic instruction that generates credits that can be applied to a high school diploma from the student's school district or from a state-supported institution of higher education with the goal of enabling the student to obtain the academic and workforce skills necessary for employment, postsecondary education, or the military, including without limitation: (a) Academic skills instruction; and (b) College and workforce readiness preparation. (ii) Academic instruction is not limited to only the subject areas in which the student is deficient in accumulated credits. (iii) Academic instruction shall be provided by a certified teacher or by an instructor employed by a state-supported institution of higher education;

(i) Academic instruction that generates credits that can be applied to a high school diploma from the student's school district or from a state-supported institution of higher education with the goal of enabling the student to obtain the academic and workforce skills necessary for employment, postsecondary education, or the military, including without limitation: (a) Academic skills instruction; and (b) College and workforce readiness preparation.

(a) Academic skills instruction; and

(b) College and workforce readiness preparation.

(ii) Academic instruction is not limited to only the subject areas in which the student is deficient in accumulated credits.

(iii) Academic instruction shall be provided by a certified teacher or by an instructor employed by a state-supported institution of higher education;

(B) Individual graduation plans;

(C) Academic and career counseling;

(D) Assistance with accessing services and resources that support the student and reduce barriers to achieving educational success and earning a high school diploma; and

(E) (i) If the participating program is offered by a state-supported institution of higher education, the opportunity for qualified students to enroll in college courses or workforce readiness courses that lead to a high school diploma or enrollment in postsecondary education programs, including certification programs. (ii) College tuition and fees shall be paid by the school district unless a previous memorandum of understanding specifies that the cost is to be shared by the school district, the state-supported institution of higher education, and the student.

(i) If the participating program is offered by a state-supported institution of higher education, the opportunity for qualified students to enroll in college courses or workforce readiness courses that lead to a high school diploma or enrollment in postsecondary education programs, including certification programs.

(ii) College tuition and fees shall be paid by the school district unless a previous memorandum of understanding specifies that the cost is to be shared by the school district, the state-supported institution of higher education, and the student.

Added by Act 2015, No. 1260,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 6-28-110 — AR Code / Title 6 / Chapter 28 / Subchapter 1 / Section 6-28-110
Immunizations
Status: in_force

(a) A student shall furnish his or her required immunization records to a receiving district within thirty (30) days of enrolling in the receiving district or within such time as is reasonably determined under Division of Elementary and Secondary Education rules. (b) For a series of immunizations, initial vaccinations shall be obtained within thirty (30) days or within such time as is reasonably determined under division rules. Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.

(a) A student shall furnish his or her required immunization records to a receiving district within thirty (30) days of enrolling in the receiving district or within such time as is reasonably determined under Division of Elementary and Secondary Education rules.

(b) For a series of immunizations, initial vaccinations shall be obtained within thirty (30) days or within such time as is reasonably determined under division rules.

Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 6-61-515 — AR Code / Title 6 / Chapter 61 / Subchapter 5 / Section 6-61-515
Formation of district - Election - Results
Status: in_force

(a) (1) If a majority of the qualified electors of the proposed district voting thereon at such election shall vote for the establishment of the district, the district shall be established in the manner provided in 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 - 6-61-514 , §§ 6-61-516 - 6-61-524 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed]. (2) If a majority of the qualified electors of the proposed district voting thereon at the election vote against the establishment of the district, the district shall not be established, and no new election for the establishment thereof shall be held for a period of one (1) year thereafter. (3) However, if the proposed district includes more than one (1) county or city, the majority required for the purposes 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 - 6-61-514 , §§ 6-61-516 - 6-61-524 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed] shall include not only a majority of the electors of the proposed district voting on the issue at the election but shall also include a majority of the electors voting on the issue in each county or city of the proposed district, or if the proposed district consists of described contiguous territory in one (1) or more counties or cities, the majority required for the purposes 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 - 6-61-514 , §§ 6-61-516 - 6-61-524 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed] shall include not only a majority of the electors of the proposed district voting on such issue but shall also include a majority of the electors voting on the issue in the portion of any county or city of the proposed described district. (b) The vote in a particular city shall be considered separately only if the boundaries of the city are used to describe the district separate from the boundaries of the county in which the city is located. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

(a) (1) If a majority of the qualified electors of the proposed district voting thereon at such election shall vote for the establishment of the district, the district shall be established in the manner provided in 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 - 6-61-514 , §§ 6-61-516 - 6-61-524 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed]. (2) If a majority of the qualified electors of the proposed district voting thereon at the election vote against the establishment of the district, the district shall not be established, and no new election for the establishment thereof shall be held for a period of one (1) year thereafter. (3) However, if the proposed district includes more than one (1) county or city, the majority required for the purposes 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 - 6-61-514 , §§ 6-61-516 - 6-61-524 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed] shall include not only a majority of the electors of the proposed district voting on the issue at the election but shall also include a majority of the electors voting on the issue in each county or city of the proposed district, or if the proposed district consists of described contiguous territory in one (1) or more counties or cities, the majority required for the purposes 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 - 6-61-514 , §§ 6-61-516 - 6-61-524 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed] shall include not only a majority of the electors of the proposed district voting on such issue but shall also include a majority of the electors voting on the issue in the portion of any county or city of the proposed described district.

(1) If a majority of the qualified electors of the proposed district voting thereon at such election shall vote for the establishment of the district, the district shall be established in the manner provided in 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 - 6-61-514 , §§ 6-61-516 - 6-61-524 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed].

(2) If a majority of the qualified electors of the proposed district voting thereon at the election vote against the establishment of the district, the district shall not be established, and no new election for the establishment thereof shall be held for a period of one (1) year thereafter.

(3) However, if the proposed district includes more than one (1) county or city, the majority required for the purposes 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 - 6-61-514 , §§ 6-61-516 - 6-61-524 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed] shall include not only a majority of the electors of the proposed district voting on the issue at the election but shall also include a majority of the electors voting on the issue in each county or city of the proposed district, or if the proposed district consists of described contiguous territory in one (1) or more counties or cities, the majority required for the purposes 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 - 6-61-514 , §§ 6-61-516 - 6-61-524 , §§ 6-61-601 - 6-61-603 , and §§ 6-61-604 - 6-61-612 [repealed] shall include not only a majority of the electors of the proposed district voting on such issue but shall also include a majority of the electors voting on the issue in the portion of any county or city of the proposed described district.

(b) The vote in a particular city shall be considered separately only if the boundaries of the city are used to describe the district separate from the boundaries of the county in which the city is located.

Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.
Ark. Code Ann. § 6-15-2506 — AR Code / Title 6 / Chapter 15 / Subchapter 25 / Section 6-15-2506
Subchapter contingent on funding for education renewal zone program
Status: in_force

The provisions of this subchapter shall be contingent on the appropriation and availability of funding for the education renewal zone program. Acts 2003 (2nd Ex. Sess.), No. 106, § 1.

The provisions of this subchapter shall be contingent on the appropriation and availability of funding for the education renewal zone program.

Acts 2003 (2nd Ex. Sess.), No. 106, § 1.
Ark. Code Ann. § 6-15-421 — AR Code / Title 6 / Chapter 15 / Subchapter 4 / Section 6-15-421
[Repealed]
Status: repealed

Repealed by Act 2017, No. 930,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1217,§ 11, eff. 7/22/2015. Acts 1999, No. 999, § 10; 2003, No. 1467, § 14; 2003 (2nd Ex. Sess.), No. 35, § 2; 2005, No. 2197, § 1; 2007, No. 1573, § 6.

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

Amended by Act 2015, No. 1217,§ 11, eff. 7/22/2015.

Acts 1999, No. 999, § 10; 2003, No. 1467, § 14; 2003 (2nd Ex. Sess.), No. 35, § 2; 2005, No. 2197, § 1; 2007, No. 1573, § 6.