Ark. Code Ann. § 6-21-815 — AR Code / Title 6 / Chapter 21 / Subchapter 8 / Section 6-21-815
Right of access to unused or underutilized public school facilities - Definition
Status: in_force

(a) As used in this section and in § 6-21-816 , "public charter school" means: (1) An open-enrollment public charter school as defined in § 6-23-103 ; (2) An eligible entity as defined in § 6-23-103 that applies to authorize, amend, or renew a charter for an open-enrollment public charter school; and (3) A legal entity that is affiliated with or acting on behalf of an open-enrollment public charter school or eligible entity. (b) Annually by March 1 the Division of Public School Academic Facilities and Transportation shall publish a list on its website identifying all unused or underutilized public school facilities. (c) (1) Except as otherwise provided in this section, a school district shall make unused or underutilized public school facilities available for lease or purchase for no more than fair market value to any public charter school located within the geographical boundaries of the school district. (2) Once a public school facility or other real property is identified by the division as an unused or underutilized public school facility, a public charter school may give notice of its intent to purchase or lease the public school facility or other real property from the school district no earlier than the later of: (A) The date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility; or (B) If the public school facility or other real property has already been designated in the school district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project, two (2) years from the date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility. (3) (A) If the public charter school and school district are unable to agree on terms and execute the sale or lease within sixty (60) days of the notice of intent, the public charter school may petition the Commission for Arkansas Public School Academic Facilities and Transportation for an order directing the school district to lease the public school facility to the public charter school for fair market value. (B) The lease shall be for a term of between five (5) and thirty (30) years, as determined by the public charter school. (4) The commission may deny the petition if the school district makes an affirmative showing by a preponderance of the evidence that: (A) The public school facility, or the property to which the public school facility is attached, will be needed by the school district to accommodate future growth of the school district; or (B) Use of the public school facility or other real property by a public charter school would have a materially negative impact on the overall educational environment of an educational campus located within five hundred feet (500') of the public school facility or other real property sought to be leased. (d) (1) Upon the execution of a lease, the public charter school shall be responsible for all direct expenses related to the public school facility, including without limitation: (A) Utilities; (B) Insurance; (C) Maintenance; (D) Repairs; and (E) Renovation. (2) The school district shall remain responsible for any bonded debt incurred or mortgage liens that attached to the public school facility or other real property before a sale or lease. (3) The public charter school shall take no actions that have a materially negative impact on: (A) Any bond rights attached to the public school facility or other real property; or (B) Any tax-exempt financing related to the public school facility or other real property. (4) The public charter school shall indemnify the school district for any mortgages, liens, or debt that attach to the public school facility or other real property by the public charter school's action or inaction. (e) The terms of a lease executed under this section shall provide that the lease shall be cancelled and be of no effect if: (1) The public charter school fails to use the public school facility or other real property for direct student instruction or administrative purposes within two (2) years of the effective date of the lease; (2) The public charter school closes, has its charter revoked, or has its charter application denied by the authorizer; or (3) The public charter school initially uses the public school facility or other real property, but then leaves the public school facility or other real property unused for more than one hundred eighty (180) days. (f) (1) The division may classify a school district that fails to comply with this section as being in academic facilities distress under § 6-21-811 . (2) The charter school authorizer may take action under § 6-23-105 on the charter of a public charter school that fails to comply with this section. (g) The commission shall promulgate rules to implement this section, including without limitation a standard lease form. Added by Act 2017, No. 542,§ 3, eff. 8/1/2017.

(a) As used in this section and in § 6-21-816 , "public charter school" means: (1) An open-enrollment public charter school as defined in § 6-23-103 ; (2) An eligible entity as defined in § 6-23-103 that applies to authorize, amend, or renew a charter for an open-enrollment public charter school; and (3) A legal entity that is affiliated with or acting on behalf of an open-enrollment public charter school or eligible entity.

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

(2) An eligible entity as defined in § 6-23-103 that applies to authorize, amend, or renew a charter for an open-enrollment public charter school; and

(3) A legal entity that is affiliated with or acting on behalf of an open-enrollment public charter school or eligible entity.

(b) Annually by March 1 the Division of Public School Academic Facilities and Transportation shall publish a list on its website identifying all unused or underutilized public school facilities.

(c) (1) Except as otherwise provided in this section, a school district shall make unused or underutilized public school facilities available for lease or purchase for no more than fair market value to any public charter school located within the geographical boundaries of the school district. (2) Once a public school facility or other real property is identified by the division as an unused or underutilized public school facility, a public charter school may give notice of its intent to purchase or lease the public school facility or other real property from the school district no earlier than the later of: (A) The date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility; or (B) If the public school facility or other real property has already been designated in the school district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project, two (2) years from the date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility. (3) (A) If the public charter school and school district are unable to agree on terms and execute the sale or lease within sixty (60) days of the notice of intent, the public charter school may petition the Commission for Arkansas Public School Academic Facilities and Transportation for an order directing the school district to lease the public school facility to the public charter school for fair market value. (B) The lease shall be for a term of between five (5) and thirty (30) years, as determined by the public charter school. (4) The commission may deny the petition if the school district makes an affirmative showing by a preponderance of the evidence that: (A) The public school facility, or the property to which the public school facility is attached, will be needed by the school district to accommodate future growth of the school district; or (B) Use of the public school facility or other real property by a public charter school would have a materially negative impact on the overall educational environment of an educational campus located within five hundred feet (500') of the public school facility or other real property sought to be leased.

(1) Except as otherwise provided in this section, a school district shall make unused or underutilized public school facilities available for lease or purchase for no more than fair market value to any public charter school located within the geographical boundaries of the school district.

(2) Once a public school facility or other real property is identified by the division as an unused or underutilized public school facility, a public charter school may give notice of its intent to purchase or lease the public school facility or other real property from the school district no earlier than the later of: (A) The date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility; or (B) If the public school facility or other real property has already been designated in the school district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project, two (2) years from the date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility.

(A) The date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility; or

(B) If the public school facility or other real property has already been designated in the school district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project, two (2) years from the date the public school facility or other real property is first identified by the division as an unused or underutilized public school facility.

(3) (A) If the public charter school and school district are unable to agree on terms and execute the sale or lease within sixty (60) days of the notice of intent, the public charter school may petition the Commission for Arkansas Public School Academic Facilities and Transportation for an order directing the school district to lease the public school facility to the public charter school for fair market value. (B) The lease shall be for a term of between five (5) and thirty (30) years, as determined by the public charter school.

(A) If the public charter school and school district are unable to agree on terms and execute the sale or lease within sixty (60) days of the notice of intent, the public charter school may petition the Commission for Arkansas Public School Academic Facilities and Transportation for an order directing the school district to lease the public school facility to the public charter school for fair market value.

(B) The lease shall be for a term of between five (5) and thirty (30) years, as determined by the public charter school.

(4) The commission may deny the petition if the school district makes an affirmative showing by a preponderance of the evidence that: (A) The public school facility, or the property to which the public school facility is attached, will be needed by the school district to accommodate future growth of the school district; or (B) Use of the public school facility or other real property by a public charter school would have a materially negative impact on the overall educational environment of an educational campus located within five hundred feet (500') of the public school facility or other real property sought to be leased.

(A) The public school facility, or the property to which the public school facility is attached, will be needed by the school district to accommodate future growth of the school district; or

(B) Use of the public school facility or other real property by a public charter school would have a materially negative impact on the overall educational environment of an educational campus located within five hundred feet (500') of the public school facility or other real property sought to be leased.

(d) (1) Upon the execution of a lease, the public charter school shall be responsible for all direct expenses related to the public school facility, including without limitation: (A) Utilities; (B) Insurance; (C) Maintenance; (D) Repairs; and (E) Renovation. (2) The school district shall remain responsible for any bonded debt incurred or mortgage liens that attached to the public school facility or other real property before a sale or lease. (3) The public charter school shall take no actions that have a materially negative impact on: (A) Any bond rights attached to the public school facility or other real property; or (B) Any tax-exempt financing related to the public school facility or other real property. (4) The public charter school shall indemnify the school district for any mortgages, liens, or debt that attach to the public school facility or other real property by the public charter school's action or inaction.

(1) Upon the execution of a lease, the public charter school shall be responsible for all direct expenses related to the public school facility, including without limitation: (A) Utilities; (B) Insurance; (C) Maintenance; (D) Repairs; and (E) Renovation.

(A) Utilities;

(B) Insurance;

(C) Maintenance;

(D) Repairs; and

(E) Renovation.

(2) The school district shall remain responsible for any bonded debt incurred or mortgage liens that attached to the public school facility or other real property before a sale or lease.

(3) The public charter school shall take no actions that have a materially negative impact on: (A) Any bond rights attached to the public school facility or other real property; or (B) Any tax-exempt financing related to the public school facility or other real property.

(A) Any bond rights attached to the public school facility or other real property; or

(B) Any tax-exempt financing related to the public school facility or other real property.

(4) The public charter school shall indemnify the school district for any mortgages, liens, or debt that attach to the public school facility or other real property by the public charter school's action or inaction.

(e) The terms of a lease executed under this section shall provide that the lease shall be cancelled and be of no effect if: (1) The public charter school fails to use the public school facility or other real property for direct student instruction or administrative purposes within two (2) years of the effective date of the lease; (2) The public charter school closes, has its charter revoked, or has its charter application denied by the authorizer; or (3) The public charter school initially uses the public school facility or other real property, but then leaves the public school facility or other real property unused for more than one hundred eighty (180) days.

(1) The public charter school fails to use the public school facility or other real property for direct student instruction or administrative purposes within two (2) years of the effective date of the lease;

(2) The public charter school closes, has its charter revoked, or has its charter application denied by the authorizer; or

(3) The public charter school initially uses the public school facility or other real property, but then leaves the public school facility or other real property unused for more than one hundred eighty (180) days.

(f) (1) The division may classify a school district that fails to comply with this section as being in academic facilities distress under § 6-21-811 . (2) The charter school authorizer may take action under § 6-23-105 on the charter of a public charter school that fails to comply with this section.

(1) The division may classify a school district that fails to comply with this section as being in academic facilities distress under § 6-21-811 .

(2) The charter school authorizer may take action under § 6-23-105 on the charter of a public charter school that fails to comply with this section.

(g) The commission shall promulgate rules to implement this section, including without limitation a standard lease form.

Added by Act 2017, No. 542,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 6-17-429 — AR Code / Title 6 / Chapter 17 / Subchapter 4 / Section 6-17-429
Right to Read Act - Definitions
Status: in_force

(a) This section shall be known and may be cited as the "Right to Read Act". (b) (1) (A) No later than 2023, the following shall have proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction: (i) A person who completes a state-approved educator preparation program; and (ii) A person seeking teacher licensure by reciprocity or by adding an endorsement. (B) No later than 2023, a person who completes a state-approved educator preparation program other than a teacher of elementary education program shall demonstrate an awareness of the best practices of scientific reading instruction. (2) Beginning no later than the 2022-2023 school year, each state-approved educator preparation program shall post on its website information describing its program to prepare teachers to teach reading using scientific reading instruction aligned with but not limited to the content measured by the stand-alone reading assessment adopted by the State Board of Education under § 6-17-402 . (c) (1) Beginning with the 2018-2019 school year, a public school district and an open-enrollment public charter school shall provide the following professional development in scientific reading instruction: (A) For teachers licensed at the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction; and (B) For teachers licensed at a level other than the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining an awareness credential in knowledge and practices in scientific reading instruction. (2) Beginning with the 2020-2021 school year, a public school or open-enrollment public charter school that does not provide the professional development under subdivision (c)(1) of this section shall: (A) Be placed in probationary status; and (B) Provide notice to parents that the public school district has not met the requirements of this section. (d) (1) By the beginning of the 2023-2024 school year: (A) (i) All teachers employed in a classroom teaching position that requires a license to teach elementary students in kindergarten through grade six (K-6) or a license to teach a special education course that directly relates to literacy for students in kindergarten through grade twelve (K-12) shall demonstrate proficiency in knowledge and practices of scientific reading instruction. (ii) A teacher described in subdivision (d)(1)(A)(i) of this section who has not demonstrated proficiency by the 2023-2024 school year may be afforded an opportunity to demonstrate proficiency by being placed in an intensive support status under § 6-17-2807 for a period of time specified by the teacher's evaluator in the professional growth plan for the teacher; and (B) All other teachers shall demonstrate awareness in knowledge and practices of scientific reading instruction. (2) All teachers who begin employment in the 2023-2024 school year and each following school year shall demonstrate proficiency or awareness in knowledge and practices of scientific reading instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of scientific reading instruction credential either: (A) As a condition of licensure; or (B) Within one (1) year if the teacher is: (i) Already licensed; or (ii) Employed under a waiver from licensure. (3) The requirements under this subsection shall not apply to a teacher who: (A) Has already demonstrated proficiency through an approved, prescribed pathway; and (B) Is adding an endorsement to his or her teaching license. (e) A provider of a state-approved educator preparation program, graduate program, or alternative preparation program shall include in its annual report to the Division of Elementary and Secondary Education a description of the provider's program to prepare educators to teach reading using scientific reading instruction. (f) By the beginning of the 2020-2021 school year, the division shall identify and create an approved list of materials, resources, and curriculum programs for public school districts and open-enrollment public charter schools that are supported by the science of reading and based on instruction that is explicit, systematic, cumulative, and diagnostic, including without limitation: (1) Dyslexia programs that are evidence-based and: (A) Aligned to structured literacy; or (B) Grounded in the Orton-Gillingham methodology; (2) Evidence-based reading intervention programs; and (3) Evidence-based reading programs that are grounded in the science of reading. (g) (1) By the beginning of the 2021-2022 school year, any public school district and open-enrollment public charter school purchasing a curriculum program shall choose a curriculum program from the division's approved list of curriculum programs created under subsection (f) of this section. (2) A public school district or open-enrollment public charter school that chooses to purchase a curriculum program that is not from the division's approved list of curriculum programs shall submit the following to the division for approval of the alternative curriculum program: (A) A rationale for choosing the alternative curriculum program; and (B) Evidence-based research regarding the alternative curriculum program. (3) By the beginning of the 2023-2024 school year, any public school district or open-enrollment public charter school that is using a curriculum program that is not from the division's approved list created under subsection (f) of this section shall notify all parents, legal guardians, and persons standing in loco parentis to students in writing and on the public school district's or open-enrollment public charter school's website. (h) By the beginning of the 2019-2020 school year, a public school district and an open-enrollment public charter school shall establish a professional development program as required by § 6-15-2914(b)(1)(B) that shall: (1) Include without limitation instruction based on the science of reading; and (2) Be provided on an annual basis after the professional development required under subdivision (c)(1) of this section is complete. (i) (1) (A) A public school district or an open-enrollment public charter school that employs an educator in violation of this section or that does not provide the professional development as required under this section shall be in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts and may be placed in probationary status by the division. (B) A public school district or an open-enrollment public charter school placed in probationary status under subdivision (i)(1)(A) of this section shall send written notification to the parents of the students in the public school district of the reason for being placed in probationary status. (2) (A) A provider of a state-approved educator preparation program, graduate program, or alternative preparation program that does not comply with the requirements of this section may be subject to penalties up to and including having the provider's approval status revoked. (B) The division shall audit each program under subdivision (i)(2)(A) of this section at least one (1) time every three (3) years to verify compliance with this section. (3) (A) A public school district or an open-enrollment public charter school shall not use a program of instruction for students in kindergarten through grade two (K-2) that is based in any practice or intervention program that utilizes: (i) The three-cueing system model of reading; (ii) Visual memory as the primary basis for teaching word recognition; or (iii) The three-cueing system model of reading based on meaning, structure and syntax, and visual, which is also known as "MSV". (B) (i) Beginning with the 2023-2024 school year, if the state board determines that a public school district or an open-enrollment public charter school has violated subdivision (i)(3)(A) of this section, the state board shall notify the public school district or the open-enrollment public charter school of its violation. (ii) (a) If a public school district or an open-enrollment public charter school fails to remedy its violation under subdivision (i)(3)(A) of this section within sixty (60) days of notification of its failure to comply with subdivision (i)(3)(A) of this section, the state board shall direct the division to withhold a maximum of ten percent (10%) of the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school as provided under § 6-20-2305(a)(1)(B) . (b) Once the state board determines that a public school district or open-enrollment public charter school has complied with this section, the division shall restore the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school to its original amount before the reduction was made under subdivision (i)(3)(B)(ii) (a) of this section. (j) Beginning with the 2023-2024 school year, with full implementation no later than the 2025-2026 school year, the division shall: (1) (A) Ensure that every kindergarten through grade three (K-3) teacher in a public school earning a "D" or "F" rating under § 6-15-2105 or § 6-15-2106 or state board rules or a low-performing public school based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, as identified by the division, has access to a literacy coach to support increased literacy rates through coaching for teachers and administrators. (B) Subject to legislative appropriation, the division shall provide, train, and assign literacy coaches to low-performing public schools based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, which shall be based on criteria established by the division. (C) A literacy coach shall have without limitation: (i) Expertise in both pedagogy and the science of reading; (ii) Evidence of success in coaching and classroom instruction; (iii) An understanding of learning disabilities in reading; and (iv) An understanding of the child find mandate of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023. (D) A literacy coach shall: (i) Leverage knowledge of evidence-based instruction and practices aligned to the science of reading to support teachers in maximizing student learning; (ii) Engage in instructional coaching cycles with teachers to build capacity for classroom instructional practices; (iii) Deliver consistent and frequent job-embedded professional learning; (iv) Design and facilitate relevant and cohesive professional learning sessions to strengthen the implementation of evidence-based instructional practices aligned to the science of reading with teachers; (v) Assist teachers in analyzing data to inform instructional adjustments; (vi) Partner with teachers to integrate professional learning into classroom practice; (vii) Work with teachers to ensure effective communication strategies and resource sharing with parents, legal guardians, and persons standing in loco parentis to students; (viii) Partner with a public school principal or designated leader to connect school-wide literacy goals with evidence-based instruction and practices aligned to the science of reading; (ix) Provide feedback on teachers' evidence-based instruction and practices that may be used for teacher evaluations; (x) Actively participate in professional learning experiences to deepen knowledge and skills for coaching; (xi) Be compensated on a competitive salary schedule to be determined by the division; (xii) Receive a yearly bonus of up to ten thousand dollars ($10,000) based on measurable performance outcomes; and (xiii) Meet performance criteria established by the division. (E) A literacy coach may be employed by the division directly or by contract. (F) Public school districts and open-enrollment public charter schools identified by the division to have access to a literacy coach under subdivision (j)(1)(A) of this section shall agree to involve the public school, public school district, and open-enrollment public charter school leadership team as directed by the division; and (2) (A) (i) Establish a literacy tutoring grant program to provide funds for supplemental educational services for eligible students. (ii) As used in this section, "eligible student" means any student enrolled in public school in kindergarten through grade three (K-3) who: (a) Is determined to not meet the reading standard, as defined by the state board; (b) Is determined to be at risk for reading difficulties according to the results of a high-quality literacy screener, as provided under this section; or (c) Has received a good cause exemption for promotion to grade four (4), pending the availability of funds. (B) The literacy tutoring grant created under subdivision (j)(2)(A) of this section shall be in the amount of five hundred dollars ($500) per eligible student per year on a first-come, first-served basis, with priority given to eligible students who are to be retained in grade three (3). (C) The division shall administer and implement the literacy tutoring grant created under subdivision (j)(2)(A) of this section according to rules developed and adopted by the state board, which shall require the division to: (i) Evaluate a student's eligibility for the literacy tutoring grant created under subdivision (j)(2)(A) of this section; (ii) Develop an application process for students and providers and to accept applications; (iii) (a) Evaluate providers of supplemental educational services, including without limitation those with expertise in early literacy, to determine the providers' initial and continued eligibility for payments. (b) The division shall establish minimum criteria by which approved providers shall be evaluated to ensure effectiveness of a literacy tutoring grant program created under subdivision (j)(2)(A) of this section in improving eligible students' reading abilities, including without limitation performance on the Arkansas annual reading assessment or other literacy assessments approved by the division. (c) A provider that fails to demonstrate improvement in eligible students' reading abilities for two (2) consecutive years shall be deemed ineligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; (iv) (a) Remit payments to approved providers for services rendered to eligible students in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section. (b) The division shall establish criteria for prioritizing eligible students if the number of applicants exceeds available funding for literacy tutoring grants; (v) Notify the governing authority of each public school district and open-enrollment public charter school of the application process, requirements, and deadlines for a literacy tutoring grant for parents, legal guardians, or persons standing in loco parentis to a student; (vi) Remit payment for services provided, up to a maximum of five hundred dollars ($500) per eligible student per school year, which may be used for any of the following purposes designed to improve reading or literacy skills: (a) Online or in-person, high-dosage tutoring services from a list of state-approved providers whose employees are trained in the science of reading and hold: (1) Valid teaching certificates in either elementary education or reading; or (2) Baccalaureate or graduate degrees in education, English, or another subject area indicative of expertise in reading and literacy; or (b) Evidence-based digital literacy applications or software programs from a list of state-approved programs that are in alignment with the science of reading; (vii) Develop and curate a list of approved tutoring providers and evidence-based digital literacy applications or software programs that are in alignment with the science of reading that will be updated on a regular basis; and (viii) Develop a procedure for verification that eligible students who received a literacy tutoring grant received the services or materials for which payments were made. (D) By no later than October 1 of each year, or as soon as practicable if a student's reading need is identified after October 1, each public school district and open-enrollment public charter school shall notify the parent, legal guardian, or person standing in loco parentis to a student regarding: (i) Each student who is eligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; (ii) The process for applying for the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; and (iii) Other information provided by the division. (k) Beginning with the 2023-2024 school year, with full implementation no later than the 2025-2026 school year, public school districts and open-enrollment public charter schools shall: (1) (A) Notify all parents, legal guardians, or persons standing in loco parentis to a student, in writing, in a parent-friendly manner, of their student's reading progress each time the student is assessed throughout the year using high-quality literacy screener results, as required by § 6-15-2907(a)(2) and § 6-15-2006(a)(1)(C) . (B) The written notification in a parent-friendly manner required under subdivision (k)(1)(A) of this section may be in the language of communication preferred by a parent, legal guardian, or person standing in loco parentis to a student; (2) (A) Develop an individual reading plan for each student in kindergarten through grade three (K-3) who does not meet the reading standard as: (i) Determined by the state board; and (ii) Measured by a high-quality literacy screener or the state annual accountability assessment. (B) An individual reading plan shall include: (i) The student's specific, diagnosed reading skill needs, including without limitation: (a) Phonemic awareness; (b) Phonics decoding; (c) Text reading fluency; (d) Vocabulary-building strategies; and (e) Self-regulated use of reading comprehension strategies, as identified by high-quality literacy screener data; (ii) The goals and benchmarks for the student's growth; (iii) How the student's progress will be monitored and evaluated; (iv) The type of additional instructional services and interventions the student may receive; (v) The intensive, evidence-based literacy intervention program aligned to the science of reading the student's teacher will use to address the areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension; (vi) The strategies the student's parents, legal guardians, or persons standing in loco parentis to the student are encouraged to use in assisting the student to achieve the student's reading goal; and (vii) Any additional services the student's teacher determines are available and appropriate to accelerate the student's reading skill development; (3) Notify all parents, legal guardians, or persons standing in loco parentis to a student in writing of the content of their child's independent reading plan and progress on the independent reading plan throughout the year; and (4) By the beginning of the 2024-2025 school year, report to the division the: (A) Types of interventions used; and (B) Students receiving each type of intervention. (l) (1) By the beginning of the 2025-2026 school year, if a public school student has not met the third-grade reading standard, as defined by the state board, or the student does not have a good-cause exemption, as provided under this subsection, the student shall not be promoted to grade four (4). (2) (A) A student in grade three (3) who does not meet the reading standard for promotion to grade four (4) may be promoted by the school district for good cause. (B) A good-cause exemption for promotion shall be limited to the following students: (i) Limited English Proficiency students who have had less than three (3) years of instruction in an English language learner program; (ii) Students with a disability who are not eligible for the alternate assessment and who have an individualized education program or a 504 Plan that reflects that the individual student: (a) Has received an intensive, evidence-based literacy intervention program aligned to the science of reading for more than two (2) years; and (b) Still demonstrates a need in reading proficiency or previously was retained in kindergarten, grade one (1), grade two (2), or grade three (3); (iii) Students who: (a) Have received an intensive, evidence-based literacy intervention program aligned to the science of reading for two (2) or more years; (b) Still demonstrate a need in reading proficiency and who previously were retained in kindergarten, grade one (1), grade two (2), or grade three (3); (c) Have received a special education referral and a full comprehensive evaluation; and (d) Have not met exceptional education criteria; (iv) Students who have already been retained in kindergarten, grade one (1), grade two (2), or grade three (3) for one (1) year; (v) (a) Students who can demonstrate that they are successful and independent readers and can perform at or above grade level. (b) A public school district and open-enrollment public charter school may use certain tools in reevaluating a student in accordance with state board rules, which shall include without limitation subsequent student assessments or alternative assessments; and (vi) Other students with necessary, justifiable good-cause exemptions identified as appropriate by the state board, in consultation with reading experts. (3) For each student who does not meet the reading standard established by the state board by the end of grade three (3), including students who are promoted with good-cause exemptions to grade four (4), during the subsequent summer and school year, the public school district or open-enrollment public charter school in which the student is enrolled shall: (A) Provide at least ninety (90) minutes of evidence-based literacy instruction aligned to the science of reading during each school day; (B) Assign the student to a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, or if the public school district or open-enrollment public charter school is unable to identify a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, assign the student to a teacher: (i) With a highly-effective rating according to the Teacher Excellence and Support System, § 6-17-2801 et seq., where possible; or (ii) Deemed to be a high-performing teacher as defined by a Master Professional Educator designation; (C) (i) Provide parents, legal guardians, or persons standing in loco parentis to students with a "read-at-home" plan to support student early literacy growth. (ii) A "read-at-home" plan shall include evidence-based science of reading strategies and tools that are aligned to a student's individual reading plan for parents, legal guardians, or persons standing in loco parentis to a student to use with their children; (D) Identify eligible students for literacy tutoring grants as established by this section and notify parents, legal guardians, or persons standing in loco parentis to a student regarding their child's eligibility; (E) Be given priority to receive a literacy tutoring grant under this section; and (F) Be given the option to participate in additional intensive, evidence-based literacy intervention programs aligned to the science of reading. (m) The division shall: (1) Enforce this section; (2) Promulgate rules to implement this section; and (3) Contract with a vendor to conduct an annual independent evaluation to identify and assess strategies that the state, public school districts, and open-enrollment public charter schools have taken to support Arkansas students in reading at grade level by the end of grade three (3). (n) As used in this section: (1) "Science of reading" means the study of the relationship between cognitive science and educational outcomes; and (2) "Structured literacy" means an approach by which licensed personnel teach reading in an explicit, systematic, cumulative, and diagnostic manner. (o) (1) The Secretary of the Department of Education shall hire an Education Ombudsman to assist the division in the enforcement of this section, including without limitation enforcing the requirements for: (A) Demonstrating proficiency; (B) Providing professional development; and (C) Using a permitted program of instruction. (2) The secretary may designate additional requirements related to public education, including without limitation the enforcement of literacy requirements. (3) The secretary shall supervise the Education Ombudsman and shall not delegate supervision to an employee of the division. (4) (A) The minimum qualifications for the Education Ombudsman shall include a master's degree in: (i) Education; or (ii) A related field. (B) An individual who has served as a past public school district superintendent or who serves as a current public school district superintendent is not eligible to serve as the Education Ombudsman under this section. (5) The Education Ombudsman may: (A) Communicate with: (i) A public school student, with permission from a parent, legal guardian, or person standing in loco parentis of the public school student; (ii) A parent, legal guardian, or person standing in loco parentis of a public school student; and (iii) Administration, faculty, and staff employed by a public school district or open-enrollment public charter school; (B) Review an issue or concern related to the education of a public school student enrolled in a public school or open-enrollment public charter school; (C) Recommend training and resources to a public school, public school district, or open-enrollment public charter school; and (D) Request support and assistance from the division to be provided to a public school, public school district, or open-enrollment public charter school. (6) (A) The Education Ombudsman shall prepare and submit an annual report to the state board concerning the work of the Education Ombudsman and any recommendations related to the focus areas of the Education Ombudsman. (B) The report required under subdivision (o)(6)(A) of this section shall be submitted every two (2) years to the: (i) House Committee on Education; and (ii) Senate Committee on Education. (p) The state board may promulgate rules to implement this section. Amended by Act 2023, No. 791,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 109,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 237,§ 29, eff. 3/8/2023. Amended by Act 2023, No. 237,§ 28, eff. 3/8/2023. Amended by Act 2023, No. 237,§ 27, eff. 3/8/2023. Amended by Act 2021, No. 606,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 606,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 489,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 83,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 83,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1433, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1432, eff. 7/1/2019. Added by Act 2017, No. 1063,§ 1, eff. 8/1/2017.

(a) This section shall be known and may be cited as the "Right to Read Act".

(b) (1) (A) No later than 2023, the following shall have proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction: (i) A person who completes a state-approved educator preparation program; and (ii) A person seeking teacher licensure by reciprocity or by adding an endorsement. (B) No later than 2023, a person who completes a state-approved educator preparation program other than a teacher of elementary education program shall demonstrate an awareness of the best practices of scientific reading instruction. (2) Beginning no later than the 2022-2023 school year, each state-approved educator preparation program shall post on its website information describing its program to prepare teachers to teach reading using scientific reading instruction aligned with but not limited to the content measured by the stand-alone reading assessment adopted by the State Board of Education under § 6-17-402 .

(1) (A) No later than 2023, the following shall have proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction: (i) A person who completes a state-approved educator preparation program; and (ii) A person seeking teacher licensure by reciprocity or by adding an endorsement. (B) No later than 2023, a person who completes a state-approved educator preparation program other than a teacher of elementary education program shall demonstrate an awareness of the best practices of scientific reading instruction.

(A) No later than 2023, the following shall have proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction: (i) A person who completes a state-approved educator preparation program; and (ii) A person seeking teacher licensure by reciprocity or by adding an endorsement.

(i) A person who completes a state-approved educator preparation program; and

(ii) A person seeking teacher licensure by reciprocity or by adding an endorsement.

(B) No later than 2023, a person who completes a state-approved educator preparation program other than a teacher of elementary education program shall demonstrate an awareness of the best practices of scientific reading instruction.

(2) Beginning no later than the 2022-2023 school year, each state-approved educator preparation program shall post on its website information describing its program to prepare teachers to teach reading using scientific reading instruction aligned with but not limited to the content measured by the stand-alone reading assessment adopted by the State Board of Education under § 6-17-402 .

(c) (1) Beginning with the 2018-2019 school year, a public school district and an open-enrollment public charter school shall provide the following professional development in scientific reading instruction: (A) For teachers licensed at the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction; and (B) For teachers licensed at a level other than the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining an awareness credential in knowledge and practices in scientific reading instruction. (2) Beginning with the 2020-2021 school year, a public school or open-enrollment public charter school that does not provide the professional development under subdivision (c)(1) of this section shall: (A) Be placed in probationary status; and (B) Provide notice to parents that the public school district has not met the requirements of this section.

(1) Beginning with the 2018-2019 school year, a public school district and an open-enrollment public charter school shall provide the following professional development in scientific reading instruction: (A) For teachers licensed at the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction; and (B) For teachers licensed at a level other than the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining an awareness credential in knowledge and practices in scientific reading instruction.

(A) For teachers licensed at the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction; and

(B) For teachers licensed at a level other than the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining an awareness credential in knowledge and practices in scientific reading instruction.

(2) Beginning with the 2020-2021 school year, a public school or open-enrollment public charter school that does not provide the professional development under subdivision (c)(1) of this section shall: (A) Be placed in probationary status; and (B) Provide notice to parents that the public school district has not met the requirements of this section.

(A) Be placed in probationary status; and

(B) Provide notice to parents that the public school district has not met the requirements of this section.

(d) (1) By the beginning of the 2023-2024 school year: (A) (i) All teachers employed in a classroom teaching position that requires a license to teach elementary students in kindergarten through grade six (K-6) or a license to teach a special education course that directly relates to literacy for students in kindergarten through grade twelve (K-12) shall demonstrate proficiency in knowledge and practices of scientific reading instruction. (ii) A teacher described in subdivision (d)(1)(A)(i) of this section who has not demonstrated proficiency by the 2023-2024 school year may be afforded an opportunity to demonstrate proficiency by being placed in an intensive support status under § 6-17-2807 for a period of time specified by the teacher's evaluator in the professional growth plan for the teacher; and (B) All other teachers shall demonstrate awareness in knowledge and practices of scientific reading instruction. (2) All teachers who begin employment in the 2023-2024 school year and each following school year shall demonstrate proficiency or awareness in knowledge and practices of scientific reading instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of scientific reading instruction credential either: (A) As a condition of licensure; or (B) Within one (1) year if the teacher is: (i) Already licensed; or (ii) Employed under a waiver from licensure. (3) The requirements under this subsection shall not apply to a teacher who: (A) Has already demonstrated proficiency through an approved, prescribed pathway; and (B) Is adding an endorsement to his or her teaching license.

(1) By the beginning of the 2023-2024 school year: (A) (i) All teachers employed in a classroom teaching position that requires a license to teach elementary students in kindergarten through grade six (K-6) or a license to teach a special education course that directly relates to literacy for students in kindergarten through grade twelve (K-12) shall demonstrate proficiency in knowledge and practices of scientific reading instruction. (ii) A teacher described in subdivision (d)(1)(A)(i) of this section who has not demonstrated proficiency by the 2023-2024 school year may be afforded an opportunity to demonstrate proficiency by being placed in an intensive support status under § 6-17-2807 for a period of time specified by the teacher's evaluator in the professional growth plan for the teacher; and (B) All other teachers shall demonstrate awareness in knowledge and practices of scientific reading instruction.

(A) (i) All teachers employed in a classroom teaching position that requires a license to teach elementary students in kindergarten through grade six (K-6) or a license to teach a special education course that directly relates to literacy for students in kindergarten through grade twelve (K-12) shall demonstrate proficiency in knowledge and practices of scientific reading instruction. (ii) A teacher described in subdivision (d)(1)(A)(i) of this section who has not demonstrated proficiency by the 2023-2024 school year may be afforded an opportunity to demonstrate proficiency by being placed in an intensive support status under § 6-17-2807 for a period of time specified by the teacher's evaluator in the professional growth plan for the teacher; and

(i) All teachers employed in a classroom teaching position that requires a license to teach elementary students in kindergarten through grade six (K-6) or a license to teach a special education course that directly relates to literacy for students in kindergarten through grade twelve (K-12) shall demonstrate proficiency in knowledge and practices of scientific reading instruction.

(ii) A teacher described in subdivision (d)(1)(A)(i) of this section who has not demonstrated proficiency by the 2023-2024 school year may be afforded an opportunity to demonstrate proficiency by being placed in an intensive support status under § 6-17-2807 for a period of time specified by the teacher's evaluator in the professional growth plan for the teacher; and

(B) All other teachers shall demonstrate awareness in knowledge and practices of scientific reading instruction.

(2) All teachers who begin employment in the 2023-2024 school year and each following school year shall demonstrate proficiency or awareness in knowledge and practices of scientific reading instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of scientific reading instruction credential either: (A) As a condition of licensure; or (B) Within one (1) year if the teacher is: (i) Already licensed; or (ii) Employed under a waiver from licensure.

(A) As a condition of licensure; or

(B) Within one (1) year if the teacher is: (i) Already licensed; or (ii) Employed under a waiver from licensure.

(i) Already licensed; or

(ii) Employed under a waiver from licensure.

(3) The requirements under this subsection shall not apply to a teacher who: (A) Has already demonstrated proficiency through an approved, prescribed pathway; and (B) Is adding an endorsement to his or her teaching license.

(A) Has already demonstrated proficiency through an approved, prescribed pathway; and

(B) Is adding an endorsement to his or her teaching license.

(e) A provider of a state-approved educator preparation program, graduate program, or alternative preparation program shall include in its annual report to the Division of Elementary and Secondary Education a description of the provider's program to prepare educators to teach reading using scientific reading instruction.

(f) By the beginning of the 2020-2021 school year, the division shall identify and create an approved list of materials, resources, and curriculum programs for public school districts and open-enrollment public charter schools that are supported by the science of reading and based on instruction that is explicit, systematic, cumulative, and diagnostic, including without limitation: (1) Dyslexia programs that are evidence-based and: (A) Aligned to structured literacy; or (B) Grounded in the Orton-Gillingham methodology; (2) Evidence-based reading intervention programs; and (3) Evidence-based reading programs that are grounded in the science of reading.

(1) Dyslexia programs that are evidence-based and: (A) Aligned to structured literacy; or (B) Grounded in the Orton-Gillingham methodology;

(A) Aligned to structured literacy; or

(B) Grounded in the Orton-Gillingham methodology;

(2) Evidence-based reading intervention programs; and

(3) Evidence-based reading programs that are grounded in the science of reading.

(g) (1) By the beginning of the 2021-2022 school year, any public school district and open-enrollment public charter school purchasing a curriculum program shall choose a curriculum program from the division's approved list of curriculum programs created under subsection (f) of this section. (2) A public school district or open-enrollment public charter school that chooses to purchase a curriculum program that is not from the division's approved list of curriculum programs shall submit the following to the division for approval of the alternative curriculum program: (A) A rationale for choosing the alternative curriculum program; and (B) Evidence-based research regarding the alternative curriculum program. (3) By the beginning of the 2023-2024 school year, any public school district or open-enrollment public charter school that is using a curriculum program that is not from the division's approved list created under subsection (f) of this section shall notify all parents, legal guardians, and persons standing in loco parentis to students in writing and on the public school district's or open-enrollment public charter school's website.

(1) By the beginning of the 2021-2022 school year, any public school district and open-enrollment public charter school purchasing a curriculum program shall choose a curriculum program from the division's approved list of curriculum programs created under subsection (f) of this section.

(2) A public school district or open-enrollment public charter school that chooses to purchase a curriculum program that is not from the division's approved list of curriculum programs shall submit the following to the division for approval of the alternative curriculum program: (A) A rationale for choosing the alternative curriculum program; and (B) Evidence-based research regarding the alternative curriculum program.

(A) A rationale for choosing the alternative curriculum program; and

(B) Evidence-based research regarding the alternative curriculum program.

(3) By the beginning of the 2023-2024 school year, any public school district or open-enrollment public charter school that is using a curriculum program that is not from the division's approved list created under subsection (f) of this section shall notify all parents, legal guardians, and persons standing in loco parentis to students in writing and on the public school district's or open-enrollment public charter school's website.

(h) By the beginning of the 2019-2020 school year, a public school district and an open-enrollment public charter school shall establish a professional development program as required by § 6-15-2914(b)(1)(B) that shall: (1) Include without limitation instruction based on the science of reading; and (2) Be provided on an annual basis after the professional development required under subdivision (c)(1) of this section is complete.

(1) Include without limitation instruction based on the science of reading; and

(2) Be provided on an annual basis after the professional development required under subdivision (c)(1) of this section is complete.

(i) (1) (A) A public school district or an open-enrollment public charter school that employs an educator in violation of this section or that does not provide the professional development as required under this section shall be in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts and may be placed in probationary status by the division. (B) A public school district or an open-enrollment public charter school placed in probationary status under subdivision (i)(1)(A) of this section shall send written notification to the parents of the students in the public school district of the reason for being placed in probationary status. (2) (A) A provider of a state-approved educator preparation program, graduate program, or alternative preparation program that does not comply with the requirements of this section may be subject to penalties up to and including having the provider's approval status revoked. (B) The division shall audit each program under subdivision (i)(2)(A) of this section at least one (1) time every three (3) years to verify compliance with this section. (3) (A) A public school district or an open-enrollment public charter school shall not use a program of instruction for students in kindergarten through grade two (K-2) that is based in any practice or intervention program that utilizes: (i) The three-cueing system model of reading; (ii) Visual memory as the primary basis for teaching word recognition; or (iii) The three-cueing system model of reading based on meaning, structure and syntax, and visual, which is also known as "MSV". (B) (i) Beginning with the 2023-2024 school year, if the state board determines that a public school district or an open-enrollment public charter school has violated subdivision (i)(3)(A) of this section, the state board shall notify the public school district or the open-enrollment public charter school of its violation. (ii) (a) If a public school district or an open-enrollment public charter school fails to remedy its violation under subdivision (i)(3)(A) of this section within sixty (60) days of notification of its failure to comply with subdivision (i)(3)(A) of this section, the state board shall direct the division to withhold a maximum of ten percent (10%) of the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school as provided under § 6-20-2305(a)(1)(B) . (b) Once the state board determines that a public school district or open-enrollment public charter school has complied with this section, the division shall restore the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school to its original amount before the reduction was made under subdivision (i)(3)(B)(ii) (a) of this section.

(1) (A) A public school district or an open-enrollment public charter school that employs an educator in violation of this section or that does not provide the professional development as required under this section shall be in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts and may be placed in probationary status by the division. (B) A public school district or an open-enrollment public charter school placed in probationary status under subdivision (i)(1)(A) of this section shall send written notification to the parents of the students in the public school district of the reason for being placed in probationary status.

(A) A public school district or an open-enrollment public charter school that employs an educator in violation of this section or that does not provide the professional development as required under this section shall be in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts and may be placed in probationary status by the division.

(B) A public school district or an open-enrollment public charter school placed in probationary status under subdivision (i)(1)(A) of this section shall send written notification to the parents of the students in the public school district of the reason for being placed in probationary status.

(2) (A) A provider of a state-approved educator preparation program, graduate program, or alternative preparation program that does not comply with the requirements of this section may be subject to penalties up to and including having the provider's approval status revoked. (B) The division shall audit each program under subdivision (i)(2)(A) of this section at least one (1) time every three (3) years to verify compliance with this section.

(A) A provider of a state-approved educator preparation program, graduate program, or alternative preparation program that does not comply with the requirements of this section may be subject to penalties up to and including having the provider's approval status revoked.

(B) The division shall audit each program under subdivision (i)(2)(A) of this section at least one (1) time every three (3) years to verify compliance with this section.

(3) (A) A public school district or an open-enrollment public charter school shall not use a program of instruction for students in kindergarten through grade two (K-2) that is based in any practice or intervention program that utilizes: (i) The three-cueing system model of reading; (ii) Visual memory as the primary basis for teaching word recognition; or (iii) The three-cueing system model of reading based on meaning, structure and syntax, and visual, which is also known as "MSV". (B) (i) Beginning with the 2023-2024 school year, if the state board determines that a public school district or an open-enrollment public charter school has violated subdivision (i)(3)(A) of this section, the state board shall notify the public school district or the open-enrollment public charter school of its violation. (ii) (a) If a public school district or an open-enrollment public charter school fails to remedy its violation under subdivision (i)(3)(A) of this section within sixty (60) days of notification of its failure to comply with subdivision (i)(3)(A) of this section, the state board shall direct the division to withhold a maximum of ten percent (10%) of the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school as provided under § 6-20-2305(a)(1)(B) . (b) Once the state board determines that a public school district or open-enrollment public charter school has complied with this section, the division shall restore the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school to its original amount before the reduction was made under subdivision (i)(3)(B)(ii) (a) of this section.

(A) A public school district or an open-enrollment public charter school shall not use a program of instruction for students in kindergarten through grade two (K-2) that is based in any practice or intervention program that utilizes: (i) The three-cueing system model of reading; (ii) Visual memory as the primary basis for teaching word recognition; or (iii) The three-cueing system model of reading based on meaning, structure and syntax, and visual, which is also known as "MSV".

(i) The three-cueing system model of reading;

(ii) Visual memory as the primary basis for teaching word recognition; or

(iii) The three-cueing system model of reading based on meaning, structure and syntax, and visual, which is also known as "MSV".

(B) (i) Beginning with the 2023-2024 school year, if the state board determines that a public school district or an open-enrollment public charter school has violated subdivision (i)(3)(A) of this section, the state board shall notify the public school district or the open-enrollment public charter school of its violation. (ii) (a) If a public school district or an open-enrollment public charter school fails to remedy its violation under subdivision (i)(3)(A) of this section within sixty (60) days of notification of its failure to comply with subdivision (i)(3)(A) of this section, the state board shall direct the division to withhold a maximum of ten percent (10%) of the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school as provided under § 6-20-2305(a)(1)(B) . (b) Once the state board determines that a public school district or open-enrollment public charter school has complied with this section, the division shall restore the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school to its original amount before the reduction was made under subdivision (i)(3)(B)(ii) (a) of this section.

(i) Beginning with the 2023-2024 school year, if the state board determines that a public school district or an open-enrollment public charter school has violated subdivision (i)(3)(A) of this section, the state board shall notify the public school district or the open-enrollment public charter school of its violation.

(ii) (a) If a public school district or an open-enrollment public charter school fails to remedy its violation under subdivision (i)(3)(A) of this section within sixty (60) days of notification of its failure to comply with subdivision (i)(3)(A) of this section, the state board shall direct the division to withhold a maximum of ten percent (10%) of the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school as provided under § 6-20-2305(a)(1)(B) . (b) Once the state board determines that a public school district or open-enrollment public charter school has complied with this section, the division shall restore the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school to its original amount before the reduction was made under subdivision (i)(3)(B)(ii) (a) of this section.

(a) If a public school district or an open-enrollment public charter school fails to remedy its violation under subdivision (i)(3)(A) of this section within sixty (60) days of notification of its failure to comply with subdivision (i)(3)(A) of this section, the state board shall direct the division to withhold a maximum of ten percent (10%) of the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school as provided under § 6-20-2305(a)(1)(B) .

(b) Once the state board determines that a public school district or open-enrollment public charter school has complied with this section, the division shall restore the monthly distribution of state foundation funding aid to the public school district or open-enrollment public charter school to its original amount before the reduction was made under subdivision (i)(3)(B)(ii) (a) of this section.

(j) Beginning with the 2023-2024 school year, with full implementation no later than the 2025-2026 school year, the division shall: (1) (A) Ensure that every kindergarten through grade three (K-3) teacher in a public school earning a "D" or "F" rating under § 6-15-2105 or § 6-15-2106 or state board rules or a low-performing public school based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, as identified by the division, has access to a literacy coach to support increased literacy rates through coaching for teachers and administrators. (B) Subject to legislative appropriation, the division shall provide, train, and assign literacy coaches to low-performing public schools based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, which shall be based on criteria established by the division. (C) A literacy coach shall have without limitation: (i) Expertise in both pedagogy and the science of reading; (ii) Evidence of success in coaching and classroom instruction; (iii) An understanding of learning disabilities in reading; and (iv) An understanding of the child find mandate of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023. (D) A literacy coach shall: (i) Leverage knowledge of evidence-based instruction and practices aligned to the science of reading to support teachers in maximizing student learning; (ii) Engage in instructional coaching cycles with teachers to build capacity for classroom instructional practices; (iii) Deliver consistent and frequent job-embedded professional learning; (iv) Design and facilitate relevant and cohesive professional learning sessions to strengthen the implementation of evidence-based instructional practices aligned to the science of reading with teachers; (v) Assist teachers in analyzing data to inform instructional adjustments; (vi) Partner with teachers to integrate professional learning into classroom practice; (vii) Work with teachers to ensure effective communication strategies and resource sharing with parents, legal guardians, and persons standing in loco parentis to students; (viii) Partner with a public school principal or designated leader to connect school-wide literacy goals with evidence-based instruction and practices aligned to the science of reading; (ix) Provide feedback on teachers' evidence-based instruction and practices that may be used for teacher evaluations; (x) Actively participate in professional learning experiences to deepen knowledge and skills for coaching; (xi) Be compensated on a competitive salary schedule to be determined by the division; (xii) Receive a yearly bonus of up to ten thousand dollars ($10,000) based on measurable performance outcomes; and (xiii) Meet performance criteria established by the division. (E) A literacy coach may be employed by the division directly or by contract. (F) Public school districts and open-enrollment public charter schools identified by the division to have access to a literacy coach under subdivision (j)(1)(A) of this section shall agree to involve the public school, public school district, and open-enrollment public charter school leadership team as directed by the division; and (2) (A) (i) Establish a literacy tutoring grant program to provide funds for supplemental educational services for eligible students. (ii) As used in this section, "eligible student" means any student enrolled in public school in kindergarten through grade three (K-3) who: (a) Is determined to not meet the reading standard, as defined by the state board; (b) Is determined to be at risk for reading difficulties according to the results of a high-quality literacy screener, as provided under this section; or (c) Has received a good cause exemption for promotion to grade four (4), pending the availability of funds. (B) The literacy tutoring grant created under subdivision (j)(2)(A) of this section shall be in the amount of five hundred dollars ($500) per eligible student per year on a first-come, first-served basis, with priority given to eligible students who are to be retained in grade three (3). (C) The division shall administer and implement the literacy tutoring grant created under subdivision (j)(2)(A) of this section according to rules developed and adopted by the state board, which shall require the division to: (i) Evaluate a student's eligibility for the literacy tutoring grant created under subdivision (j)(2)(A) of this section; (ii) Develop an application process for students and providers and to accept applications; (iii) (a) Evaluate providers of supplemental educational services, including without limitation those with expertise in early literacy, to determine the providers' initial and continued eligibility for payments. (b) The division shall establish minimum criteria by which approved providers shall be evaluated to ensure effectiveness of a literacy tutoring grant program created under subdivision (j)(2)(A) of this section in improving eligible students' reading abilities, including without limitation performance on the Arkansas annual reading assessment or other literacy assessments approved by the division. (c) A provider that fails to demonstrate improvement in eligible students' reading abilities for two (2) consecutive years shall be deemed ineligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; (iv) (a) Remit payments to approved providers for services rendered to eligible students in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section. (b) The division shall establish criteria for prioritizing eligible students if the number of applicants exceeds available funding for literacy tutoring grants; (v) Notify the governing authority of each public school district and open-enrollment public charter school of the application process, requirements, and deadlines for a literacy tutoring grant for parents, legal guardians, or persons standing in loco parentis to a student; (vi) Remit payment for services provided, up to a maximum of five hundred dollars ($500) per eligible student per school year, which may be used for any of the following purposes designed to improve reading or literacy skills: (a) Online or in-person, high-dosage tutoring services from a list of state-approved providers whose employees are trained in the science of reading and hold: (1) Valid teaching certificates in either elementary education or reading; or (2) Baccalaureate or graduate degrees in education, English, or another subject area indicative of expertise in reading and literacy; or (b) Evidence-based digital literacy applications or software programs from a list of state-approved programs that are in alignment with the science of reading; (vii) Develop and curate a list of approved tutoring providers and evidence-based digital literacy applications or software programs that are in alignment with the science of reading that will be updated on a regular basis; and (viii) Develop a procedure for verification that eligible students who received a literacy tutoring grant received the services or materials for which payments were made. (D) By no later than October 1 of each year, or as soon as practicable if a student's reading need is identified after October 1, each public school district and open-enrollment public charter school shall notify the parent, legal guardian, or person standing in loco parentis to a student regarding: (i) Each student who is eligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; (ii) The process for applying for the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; and (iii) Other information provided by the division.

(1) (A) Ensure that every kindergarten through grade three (K-3) teacher in a public school earning a "D" or "F" rating under § 6-15-2105 or § 6-15-2106 or state board rules or a low-performing public school based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, as identified by the division, has access to a literacy coach to support increased literacy rates through coaching for teachers and administrators. (B) Subject to legislative appropriation, the division shall provide, train, and assign literacy coaches to low-performing public schools based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, which shall be based on criteria established by the division. (C) A literacy coach shall have without limitation: (i) Expertise in both pedagogy and the science of reading; (ii) Evidence of success in coaching and classroom instruction; (iii) An understanding of learning disabilities in reading; and (iv) An understanding of the child find mandate of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023. (D) A literacy coach shall: (i) Leverage knowledge of evidence-based instruction and practices aligned to the science of reading to support teachers in maximizing student learning; (ii) Engage in instructional coaching cycles with teachers to build capacity for classroom instructional practices; (iii) Deliver consistent and frequent job-embedded professional learning; (iv) Design and facilitate relevant and cohesive professional learning sessions to strengthen the implementation of evidence-based instructional practices aligned to the science of reading with teachers; (v) Assist teachers in analyzing data to inform instructional adjustments; (vi) Partner with teachers to integrate professional learning into classroom practice; (vii) Work with teachers to ensure effective communication strategies and resource sharing with parents, legal guardians, and persons standing in loco parentis to students; (viii) Partner with a public school principal or designated leader to connect school-wide literacy goals with evidence-based instruction and practices aligned to the science of reading; (ix) Provide feedback on teachers' evidence-based instruction and practices that may be used for teacher evaluations; (x) Actively participate in professional learning experiences to deepen knowledge and skills for coaching; (xi) Be compensated on a competitive salary schedule to be determined by the division; (xii) Receive a yearly bonus of up to ten thousand dollars ($10,000) based on measurable performance outcomes; and (xiii) Meet performance criteria established by the division. (E) A literacy coach may be employed by the division directly or by contract. (F) Public school districts and open-enrollment public charter schools identified by the division to have access to a literacy coach under subdivision (j)(1)(A) of this section shall agree to involve the public school, public school district, and open-enrollment public charter school leadership team as directed by the division; and

(A) Ensure that every kindergarten through grade three (K-3) teacher in a public school earning a "D" or "F" rating under § 6-15-2105 or § 6-15-2106 or state board rules or a low-performing public school based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, as identified by the division, has access to a literacy coach to support increased literacy rates through coaching for teachers and administrators.

(B) Subject to legislative appropriation, the division shall provide, train, and assign literacy coaches to low-performing public schools based on results of the public school's kindergarten through grade three (K-3) literacy screener required by this section, which shall be based on criteria established by the division.

(C) A literacy coach shall have without limitation: (i) Expertise in both pedagogy and the science of reading; (ii) Evidence of success in coaching and classroom instruction; (iii) An understanding of learning disabilities in reading; and (iv) An understanding of the child find mandate of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023.

(i) Expertise in both pedagogy and the science of reading;

(ii) Evidence of success in coaching and classroom instruction;

(iii) An understanding of learning disabilities in reading; and

(iv) An understanding of the child find mandate of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023.

(D) A literacy coach shall: (i) Leverage knowledge of evidence-based instruction and practices aligned to the science of reading to support teachers in maximizing student learning; (ii) Engage in instructional coaching cycles with teachers to build capacity for classroom instructional practices; (iii) Deliver consistent and frequent job-embedded professional learning; (iv) Design and facilitate relevant and cohesive professional learning sessions to strengthen the implementation of evidence-based instructional practices aligned to the science of reading with teachers; (v) Assist teachers in analyzing data to inform instructional adjustments; (vi) Partner with teachers to integrate professional learning into classroom practice; (vii) Work with teachers to ensure effective communication strategies and resource sharing with parents, legal guardians, and persons standing in loco parentis to students; (viii) Partner with a public school principal or designated leader to connect school-wide literacy goals with evidence-based instruction and practices aligned to the science of reading; (ix) Provide feedback on teachers' evidence-based instruction and practices that may be used for teacher evaluations; (x) Actively participate in professional learning experiences to deepen knowledge and skills for coaching; (xi) Be compensated on a competitive salary schedule to be determined by the division; (xii) Receive a yearly bonus of up to ten thousand dollars ($10,000) based on measurable performance outcomes; and (xiii) Meet performance criteria established by the division.

(i) Leverage knowledge of evidence-based instruction and practices aligned to the science of reading to support teachers in maximizing student learning;

(ii) Engage in instructional coaching cycles with teachers to build capacity for classroom instructional practices;

(iii) Deliver consistent and frequent job-embedded professional learning;

(iv) Design and facilitate relevant and cohesive professional learning sessions to strengthen the implementation of evidence-based instructional practices aligned to the science of reading with teachers;

(v) Assist teachers in analyzing data to inform instructional adjustments;

(vi) Partner with teachers to integrate professional learning into classroom practice;

(vii) Work with teachers to ensure effective communication strategies and resource sharing with parents, legal guardians, and persons standing in loco parentis to students;

(viii) Partner with a public school principal or designated leader to connect school-wide literacy goals with evidence-based instruction and practices aligned to the science of reading;

(ix) Provide feedback on teachers' evidence-based instruction and practices that may be used for teacher evaluations;

(x) Actively participate in professional learning experiences to deepen knowledge and skills for coaching;

(xi) Be compensated on a competitive salary schedule to be determined by the division;

(xii) Receive a yearly bonus of up to ten thousand dollars ($10,000) based on measurable performance outcomes; and

(xiii) Meet performance criteria established by the division.

(E) A literacy coach may be employed by the division directly or by contract.

(F) Public school districts and open-enrollment public charter schools identified by the division to have access to a literacy coach under subdivision (j)(1)(A) of this section shall agree to involve the public school, public school district, and open-enrollment public charter school leadership team as directed by the division; and

(2) (A) (i) Establish a literacy tutoring grant program to provide funds for supplemental educational services for eligible students. (ii) As used in this section, "eligible student" means any student enrolled in public school in kindergarten through grade three (K-3) who: (a) Is determined to not meet the reading standard, as defined by the state board; (b) Is determined to be at risk for reading difficulties according to the results of a high-quality literacy screener, as provided under this section; or (c) Has received a good cause exemption for promotion to grade four (4), pending the availability of funds. (B) The literacy tutoring grant created under subdivision (j)(2)(A) of this section shall be in the amount of five hundred dollars ($500) per eligible student per year on a first-come, first-served basis, with priority given to eligible students who are to be retained in grade three (3). (C) The division shall administer and implement the literacy tutoring grant created under subdivision (j)(2)(A) of this section according to rules developed and adopted by the state board, which shall require the division to: (i) Evaluate a student's eligibility for the literacy tutoring grant created under subdivision (j)(2)(A) of this section; (ii) Develop an application process for students and providers and to accept applications; (iii) (a) Evaluate providers of supplemental educational services, including without limitation those with expertise in early literacy, to determine the providers' initial and continued eligibility for payments. (b) The division shall establish minimum criteria by which approved providers shall be evaluated to ensure effectiveness of a literacy tutoring grant program created under subdivision (j)(2)(A) of this section in improving eligible students' reading abilities, including without limitation performance on the Arkansas annual reading assessment or other literacy assessments approved by the division. (c) A provider that fails to demonstrate improvement in eligible students' reading abilities for two (2) consecutive years shall be deemed ineligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; (iv) (a) Remit payments to approved providers for services rendered to eligible students in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section. (b) The division shall establish criteria for prioritizing eligible students if the number of applicants exceeds available funding for literacy tutoring grants; (v) Notify the governing authority of each public school district and open-enrollment public charter school of the application process, requirements, and deadlines for a literacy tutoring grant for parents, legal guardians, or persons standing in loco parentis to a student; (vi) Remit payment for services provided, up to a maximum of five hundred dollars ($500) per eligible student per school year, which may be used for any of the following purposes designed to improve reading or literacy skills: (a) Online or in-person, high-dosage tutoring services from a list of state-approved providers whose employees are trained in the science of reading and hold: (1) Valid teaching certificates in either elementary education or reading; or (2) Baccalaureate or graduate degrees in education, English, or another subject area indicative of expertise in reading and literacy; or (b) Evidence-based digital literacy applications or software programs from a list of state-approved programs that are in alignment with the science of reading; (vii) Develop and curate a list of approved tutoring providers and evidence-based digital literacy applications or software programs that are in alignment with the science of reading that will be updated on a regular basis; and (viii) Develop a procedure for verification that eligible students who received a literacy tutoring grant received the services or materials for which payments were made. (D) By no later than October 1 of each year, or as soon as practicable if a student's reading need is identified after October 1, each public school district and open-enrollment public charter school shall notify the parent, legal guardian, or person standing in loco parentis to a student regarding: (i) Each student who is eligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; (ii) The process for applying for the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; and (iii) Other information provided by the division.

(A) (i) Establish a literacy tutoring grant program to provide funds for supplemental educational services for eligible students. (ii) As used in this section, "eligible student" means any student enrolled in public school in kindergarten through grade three (K-3) who: (a) Is determined to not meet the reading standard, as defined by the state board; (b) Is determined to be at risk for reading difficulties according to the results of a high-quality literacy screener, as provided under this section; or (c) Has received a good cause exemption for promotion to grade four (4), pending the availability of funds.

(i) Establish a literacy tutoring grant program to provide funds for supplemental educational services for eligible students.

(ii) As used in this section, "eligible student" means any student enrolled in public school in kindergarten through grade three (K-3) who: (a) Is determined to not meet the reading standard, as defined by the state board; (b) Is determined to be at risk for reading difficulties according to the results of a high-quality literacy screener, as provided under this section; or (c) Has received a good cause exemption for promotion to grade four (4), pending the availability of funds.

(a) Is determined to not meet the reading standard, as defined by the state board;

(b) Is determined to be at risk for reading difficulties according to the results of a high-quality literacy screener, as provided under this section; or

(c) Has received a good cause exemption for promotion to grade four (4), pending the availability of funds.

(B) The literacy tutoring grant created under subdivision (j)(2)(A) of this section shall be in the amount of five hundred dollars ($500) per eligible student per year on a first-come, first-served basis, with priority given to eligible students who are to be retained in grade three (3).

(C) The division shall administer and implement the literacy tutoring grant created under subdivision (j)(2)(A) of this section according to rules developed and adopted by the state board, which shall require the division to: (i) Evaluate a student's eligibility for the literacy tutoring grant created under subdivision (j)(2)(A) of this section; (ii) Develop an application process for students and providers and to accept applications; (iii) (a) Evaluate providers of supplemental educational services, including without limitation those with expertise in early literacy, to determine the providers' initial and continued eligibility for payments. (b) The division shall establish minimum criteria by which approved providers shall be evaluated to ensure effectiveness of a literacy tutoring grant program created under subdivision (j)(2)(A) of this section in improving eligible students' reading abilities, including without limitation performance on the Arkansas annual reading assessment or other literacy assessments approved by the division. (c) A provider that fails to demonstrate improvement in eligible students' reading abilities for two (2) consecutive years shall be deemed ineligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; (iv) (a) Remit payments to approved providers for services rendered to eligible students in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section. (b) The division shall establish criteria for prioritizing eligible students if the number of applicants exceeds available funding for literacy tutoring grants; (v) Notify the governing authority of each public school district and open-enrollment public charter school of the application process, requirements, and deadlines for a literacy tutoring grant for parents, legal guardians, or persons standing in loco parentis to a student; (vi) Remit payment for services provided, up to a maximum of five hundred dollars ($500) per eligible student per school year, which may be used for any of the following purposes designed to improve reading or literacy skills: (a) Online or in-person, high-dosage tutoring services from a list of state-approved providers whose employees are trained in the science of reading and hold: (1) Valid teaching certificates in either elementary education or reading; or (2) Baccalaureate or graduate degrees in education, English, or another subject area indicative of expertise in reading and literacy; or (b) Evidence-based digital literacy applications or software programs from a list of state-approved programs that are in alignment with the science of reading; (vii) Develop and curate a list of approved tutoring providers and evidence-based digital literacy applications or software programs that are in alignment with the science of reading that will be updated on a regular basis; and (viii) Develop a procedure for verification that eligible students who received a literacy tutoring grant received the services or materials for which payments were made.

(i) Evaluate a student's eligibility for the literacy tutoring grant created under subdivision (j)(2)(A) of this section;

(ii) Develop an application process for students and providers and to accept applications;

(iii) (a) Evaluate providers of supplemental educational services, including without limitation those with expertise in early literacy, to determine the providers' initial and continued eligibility for payments. (b) The division shall establish minimum criteria by which approved providers shall be evaluated to ensure effectiveness of a literacy tutoring grant program created under subdivision (j)(2)(A) of this section in improving eligible students' reading abilities, including without limitation performance on the Arkansas annual reading assessment or other literacy assessments approved by the division. (c) A provider that fails to demonstrate improvement in eligible students' reading abilities for two (2) consecutive years shall be deemed ineligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section;

(a) Evaluate providers of supplemental educational services, including without limitation those with expertise in early literacy, to determine the providers' initial and continued eligibility for payments.

(b) The division shall establish minimum criteria by which approved providers shall be evaluated to ensure effectiveness of a literacy tutoring grant program created under subdivision (j)(2)(A) of this section in improving eligible students' reading abilities, including without limitation performance on the Arkansas annual reading assessment or other literacy assessments approved by the division.

(c) A provider that fails to demonstrate improvement in eligible students' reading abilities for two (2) consecutive years shall be deemed ineligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section;

(iv) (a) Remit payments to approved providers for services rendered to eligible students in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section. (b) The division shall establish criteria for prioritizing eligible students if the number of applicants exceeds available funding for literacy tutoring grants;

(a) Remit payments to approved providers for services rendered to eligible students in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section.

(b) The division shall establish criteria for prioritizing eligible students if the number of applicants exceeds available funding for literacy tutoring grants;

(v) Notify the governing authority of each public school district and open-enrollment public charter school of the application process, requirements, and deadlines for a literacy tutoring grant for parents, legal guardians, or persons standing in loco parentis to a student;

(vi) Remit payment for services provided, up to a maximum of five hundred dollars ($500) per eligible student per school year, which may be used for any of the following purposes designed to improve reading or literacy skills: (a) Online or in-person, high-dosage tutoring services from a list of state-approved providers whose employees are trained in the science of reading and hold: (1) Valid teaching certificates in either elementary education or reading; or (2) Baccalaureate or graduate degrees in education, English, or another subject area indicative of expertise in reading and literacy; or (b) Evidence-based digital literacy applications or software programs from a list of state-approved programs that are in alignment with the science of reading;

(a) Online or in-person, high-dosage tutoring services from a list of state-approved providers whose employees are trained in the science of reading and hold: (1) Valid teaching certificates in either elementary education or reading; or (2) Baccalaureate or graduate degrees in education, English, or another subject area indicative of expertise in reading and literacy; or

(1) Valid teaching certificates in either elementary education or reading; or

(2) Baccalaureate or graduate degrees in education, English, or another subject area indicative of expertise in reading and literacy; or

(b) Evidence-based digital literacy applications or software programs from a list of state-approved programs that are in alignment with the science of reading;

(vii) Develop and curate a list of approved tutoring providers and evidence-based digital literacy applications or software programs that are in alignment with the science of reading that will be updated on a regular basis; and

(viii) Develop a procedure for verification that eligible students who received a literacy tutoring grant received the services or materials for which payments were made.

(D) By no later than October 1 of each year, or as soon as practicable if a student's reading need is identified after October 1, each public school district and open-enrollment public charter school shall notify the parent, legal guardian, or person standing in loco parentis to a student regarding: (i) Each student who is eligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; (ii) The process for applying for the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; and (iii) Other information provided by the division.

(i) Each student who is eligible to participate in the literacy tutoring grant program created under subdivision (j)(2)(A) of this section;

(ii) The process for applying for the literacy tutoring grant program created under subdivision (j)(2)(A) of this section; and

(iii) Other information provided by the division.

(k) Beginning with the 2023-2024 school year, with full implementation no later than the 2025-2026 school year, public school districts and open-enrollment public charter schools shall: (1) (A) Notify all parents, legal guardians, or persons standing in loco parentis to a student, in writing, in a parent-friendly manner, of their student's reading progress each time the student is assessed throughout the year using high-quality literacy screener results, as required by § 6-15-2907(a)(2) and § 6-15-2006(a)(1)(C) . (B) The written notification in a parent-friendly manner required under subdivision (k)(1)(A) of this section may be in the language of communication preferred by a parent, legal guardian, or person standing in loco parentis to a student; (2) (A) Develop an individual reading plan for each student in kindergarten through grade three (K-3) who does not meet the reading standard as: (i) Determined by the state board; and (ii) Measured by a high-quality literacy screener or the state annual accountability assessment. (B) An individual reading plan shall include: (i) The student's specific, diagnosed reading skill needs, including without limitation: (a) Phonemic awareness; (b) Phonics decoding; (c) Text reading fluency; (d) Vocabulary-building strategies; and (e) Self-regulated use of reading comprehension strategies, as identified by high-quality literacy screener data; (ii) The goals and benchmarks for the student's growth; (iii) How the student's progress will be monitored and evaluated; (iv) The type of additional instructional services and interventions the student may receive; (v) The intensive, evidence-based literacy intervention program aligned to the science of reading the student's teacher will use to address the areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension; (vi) The strategies the student's parents, legal guardians, or persons standing in loco parentis to the student are encouraged to use in assisting the student to achieve the student's reading goal; and (vii) Any additional services the student's teacher determines are available and appropriate to accelerate the student's reading skill development; (3) Notify all parents, legal guardians, or persons standing in loco parentis to a student in writing of the content of their child's independent reading plan and progress on the independent reading plan throughout the year; and (4) By the beginning of the 2024-2025 school year, report to the division the: (A) Types of interventions used; and (B) Students receiving each type of intervention.

(1) (A) Notify all parents, legal guardians, or persons standing in loco parentis to a student, in writing, in a parent-friendly manner, of their student's reading progress each time the student is assessed throughout the year using high-quality literacy screener results, as required by § 6-15-2907(a)(2) and § 6-15-2006(a)(1)(C) . (B) The written notification in a parent-friendly manner required under subdivision (k)(1)(A) of this section may be in the language of communication preferred by a parent, legal guardian, or person standing in loco parentis to a student;

(A) Notify all parents, legal guardians, or persons standing in loco parentis to a student, in writing, in a parent-friendly manner, of their student's reading progress each time the student is assessed throughout the year using high-quality literacy screener results, as required by § 6-15-2907(a)(2) and § 6-15-2006(a)(1)(C) .

(B) The written notification in a parent-friendly manner required under subdivision (k)(1)(A) of this section may be in the language of communication preferred by a parent, legal guardian, or person standing in loco parentis to a student;

(2) (A) Develop an individual reading plan for each student in kindergarten through grade three (K-3) who does not meet the reading standard as: (i) Determined by the state board; and (ii) Measured by a high-quality literacy screener or the state annual accountability assessment. (B) An individual reading plan shall include: (i) The student's specific, diagnosed reading skill needs, including without limitation: (a) Phonemic awareness; (b) Phonics decoding; (c) Text reading fluency; (d) Vocabulary-building strategies; and (e) Self-regulated use of reading comprehension strategies, as identified by high-quality literacy screener data; (ii) The goals and benchmarks for the student's growth; (iii) How the student's progress will be monitored and evaluated; (iv) The type of additional instructional services and interventions the student may receive; (v) The intensive, evidence-based literacy intervention program aligned to the science of reading the student's teacher will use to address the areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension; (vi) The strategies the student's parents, legal guardians, or persons standing in loco parentis to the student are encouraged to use in assisting the student to achieve the student's reading goal; and (vii) Any additional services the student's teacher determines are available and appropriate to accelerate the student's reading skill development;

(A) Develop an individual reading plan for each student in kindergarten through grade three (K-3) who does not meet the reading standard as: (i) Determined by the state board; and (ii) Measured by a high-quality literacy screener or the state annual accountability assessment.

(i) Determined by the state board; and

(ii) Measured by a high-quality literacy screener or the state annual accountability assessment.

(B) An individual reading plan shall include: (i) The student's specific, diagnosed reading skill needs, including without limitation: (a) Phonemic awareness; (b) Phonics decoding; (c) Text reading fluency; (d) Vocabulary-building strategies; and (e) Self-regulated use of reading comprehension strategies, as identified by high-quality literacy screener data; (ii) The goals and benchmarks for the student's growth; (iii) How the student's progress will be monitored and evaluated; (iv) The type of additional instructional services and interventions the student may receive; (v) The intensive, evidence-based literacy intervention program aligned to the science of reading the student's teacher will use to address the areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension; (vi) The strategies the student's parents, legal guardians, or persons standing in loco parentis to the student are encouraged to use in assisting the student to achieve the student's reading goal; and (vii) Any additional services the student's teacher determines are available and appropriate to accelerate the student's reading skill development;

(i) The student's specific, diagnosed reading skill needs, including without limitation: (a) Phonemic awareness; (b) Phonics decoding; (c) Text reading fluency; (d) Vocabulary-building strategies; and (e) Self-regulated use of reading comprehension strategies, as identified by high-quality literacy screener data;

(a) Phonemic awareness;

(b) Phonics decoding;

(c) Text reading fluency;

(d) Vocabulary-building strategies; and

(e) Self-regulated use of reading comprehension strategies, as identified by high-quality literacy screener data;

(ii) The goals and benchmarks for the student's growth;

(iii) How the student's progress will be monitored and evaluated;

(iv) The type of additional instructional services and interventions the student may receive;

(v) The intensive, evidence-based literacy intervention program aligned to the science of reading the student's teacher will use to address the areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension;

(vi) The strategies the student's parents, legal guardians, or persons standing in loco parentis to the student are encouraged to use in assisting the student to achieve the student's reading goal; and

(vii) Any additional services the student's teacher determines are available and appropriate to accelerate the student's reading skill development;

(3) Notify all parents, legal guardians, or persons standing in loco parentis to a student in writing of the content of their child's independent reading plan and progress on the independent reading plan throughout the year; and

(4) By the beginning of the 2024-2025 school year, report to the division the: (A) Types of interventions used; and (B) Students receiving each type of intervention.

(A) Types of interventions used; and

(B) Students receiving each type of intervention.

(l) (1) By the beginning of the 2025-2026 school year, if a public school student has not met the third-grade reading standard, as defined by the state board, or the student does not have a good-cause exemption, as provided under this subsection, the student shall not be promoted to grade four (4). (2) (A) A student in grade three (3) who does not meet the reading standard for promotion to grade four (4) may be promoted by the school district for good cause. (B) A good-cause exemption for promotion shall be limited to the following students: (i) Limited English Proficiency students who have had less than three (3) years of instruction in an English language learner program; (ii) Students with a disability who are not eligible for the alternate assessment and who have an individualized education program or a 504 Plan that reflects that the individual student: (a) Has received an intensive, evidence-based literacy intervention program aligned to the science of reading for more than two (2) years; and (b) Still demonstrates a need in reading proficiency or previously was retained in kindergarten, grade one (1), grade two (2), or grade three (3); (iii) Students who: (a) Have received an intensive, evidence-based literacy intervention program aligned to the science of reading for two (2) or more years; (b) Still demonstrate a need in reading proficiency and who previously were retained in kindergarten, grade one (1), grade two (2), or grade three (3); (c) Have received a special education referral and a full comprehensive evaluation; and (d) Have not met exceptional education criteria; (iv) Students who have already been retained in kindergarten, grade one (1), grade two (2), or grade three (3) for one (1) year; (v) (a) Students who can demonstrate that they are successful and independent readers and can perform at or above grade level. (b) A public school district and open-enrollment public charter school may use certain tools in reevaluating a student in accordance with state board rules, which shall include without limitation subsequent student assessments or alternative assessments; and (vi) Other students with necessary, justifiable good-cause exemptions identified as appropriate by the state board, in consultation with reading experts. (3) For each student who does not meet the reading standard established by the state board by the end of grade three (3), including students who are promoted with good-cause exemptions to grade four (4), during the subsequent summer and school year, the public school district or open-enrollment public charter school in which the student is enrolled shall: (A) Provide at least ninety (90) minutes of evidence-based literacy instruction aligned to the science of reading during each school day; (B) Assign the student to a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, or if the public school district or open-enrollment public charter school is unable to identify a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, assign the student to a teacher: (i) With a highly-effective rating according to the Teacher Excellence and Support System, § 6-17-2801 et seq., where possible; or (ii) Deemed to be a high-performing teacher as defined by a Master Professional Educator designation; (C) (i) Provide parents, legal guardians, or persons standing in loco parentis to students with a "read-at-home" plan to support student early literacy growth. (ii) A "read-at-home" plan shall include evidence-based science of reading strategies and tools that are aligned to a student's individual reading plan for parents, legal guardians, or persons standing in loco parentis to a student to use with their children; (D) Identify eligible students for literacy tutoring grants as established by this section and notify parents, legal guardians, or persons standing in loco parentis to a student regarding their child's eligibility; (E) Be given priority to receive a literacy tutoring grant under this section; and (F) Be given the option to participate in additional intensive, evidence-based literacy intervention programs aligned to the science of reading.

(1) By the beginning of the 2025-2026 school year, if a public school student has not met the third-grade reading standard, as defined by the state board, or the student does not have a good-cause exemption, as provided under this subsection, the student shall not be promoted to grade four (4).

(2) (A) A student in grade three (3) who does not meet the reading standard for promotion to grade four (4) may be promoted by the school district for good cause. (B) A good-cause exemption for promotion shall be limited to the following students: (i) Limited English Proficiency students who have had less than three (3) years of instruction in an English language learner program; (ii) Students with a disability who are not eligible for the alternate assessment and who have an individualized education program or a 504 Plan that reflects that the individual student: (a) Has received an intensive, evidence-based literacy intervention program aligned to the science of reading for more than two (2) years; and (b) Still demonstrates a need in reading proficiency or previously was retained in kindergarten, grade one (1), grade two (2), or grade three (3); (iii) Students who: (a) Have received an intensive, evidence-based literacy intervention program aligned to the science of reading for two (2) or more years; (b) Still demonstrate a need in reading proficiency and who previously were retained in kindergarten, grade one (1), grade two (2), or grade three (3); (c) Have received a special education referral and a full comprehensive evaluation; and (d) Have not met exceptional education criteria; (iv) Students who have already been retained in kindergarten, grade one (1), grade two (2), or grade three (3) for one (1) year; (v) (a) Students who can demonstrate that they are successful and independent readers and can perform at or above grade level. (b) A public school district and open-enrollment public charter school may use certain tools in reevaluating a student in accordance with state board rules, which shall include without limitation subsequent student assessments or alternative assessments; and (vi) Other students with necessary, justifiable good-cause exemptions identified as appropriate by the state board, in consultation with reading experts.

(A) A student in grade three (3) who does not meet the reading standard for promotion to grade four (4) may be promoted by the school district for good cause.

(B) A good-cause exemption for promotion shall be limited to the following students: (i) Limited English Proficiency students who have had less than three (3) years of instruction in an English language learner program; (ii) Students with a disability who are not eligible for the alternate assessment and who have an individualized education program or a 504 Plan that reflects that the individual student: (a) Has received an intensive, evidence-based literacy intervention program aligned to the science of reading for more than two (2) years; and (b) Still demonstrates a need in reading proficiency or previously was retained in kindergarten, grade one (1), grade two (2), or grade three (3); (iii) Students who: (a) Have received an intensive, evidence-based literacy intervention program aligned to the science of reading for two (2) or more years; (b) Still demonstrate a need in reading proficiency and who previously were retained in kindergarten, grade one (1), grade two (2), or grade three (3); (c) Have received a special education referral and a full comprehensive evaluation; and (d) Have not met exceptional education criteria; (iv) Students who have already been retained in kindergarten, grade one (1), grade two (2), or grade three (3) for one (1) year; (v) (a) Students who can demonstrate that they are successful and independent readers and can perform at or above grade level. (b) A public school district and open-enrollment public charter school may use certain tools in reevaluating a student in accordance with state board rules, which shall include without limitation subsequent student assessments or alternative assessments; and (vi) Other students with necessary, justifiable good-cause exemptions identified as appropriate by the state board, in consultation with reading experts.

(i) Limited English Proficiency students who have had less than three (3) years of instruction in an English language learner program;

(ii) Students with a disability who are not eligible for the alternate assessment and who have an individualized education program or a 504 Plan that reflects that the individual student: (a) Has received an intensive, evidence-based literacy intervention program aligned to the science of reading for more than two (2) years; and (b) Still demonstrates a need in reading proficiency or previously was retained in kindergarten, grade one (1), grade two (2), or grade three (3);

(a) Has received an intensive, evidence-based literacy intervention program aligned to the science of reading for more than two (2) years; and

(b) Still demonstrates a need in reading proficiency or previously was retained in kindergarten, grade one (1), grade two (2), or grade three (3);

(iii) Students who: (a) Have received an intensive, evidence-based literacy intervention program aligned to the science of reading for two (2) or more years; (b) Still demonstrate a need in reading proficiency and who previously were retained in kindergarten, grade one (1), grade two (2), or grade three (3); (c) Have received a special education referral and a full comprehensive evaluation; and (d) Have not met exceptional education criteria;

(a) Have received an intensive, evidence-based literacy intervention program aligned to the science of reading for two (2) or more years;

(b) Still demonstrate a need in reading proficiency and who previously were retained in kindergarten, grade one (1), grade two (2), or grade three (3);

(c) Have received a special education referral and a full comprehensive evaluation; and

(d) Have not met exceptional education criteria;

(iv) Students who have already been retained in kindergarten, grade one (1), grade two (2), or grade three (3) for one (1) year;

(v) (a) Students who can demonstrate that they are successful and independent readers and can perform at or above grade level. (b) A public school district and open-enrollment public charter school may use certain tools in reevaluating a student in accordance with state board rules, which shall include without limitation subsequent student assessments or alternative assessments; and

(a) Students who can demonstrate that they are successful and independent readers and can perform at or above grade level.

(b) A public school district and open-enrollment public charter school may use certain tools in reevaluating a student in accordance with state board rules, which shall include without limitation subsequent student assessments or alternative assessments; and

(vi) Other students with necessary, justifiable good-cause exemptions identified as appropriate by the state board, in consultation with reading experts.

(3) For each student who does not meet the reading standard established by the state board by the end of grade three (3), including students who are promoted with good-cause exemptions to grade four (4), during the subsequent summer and school year, the public school district or open-enrollment public charter school in which the student is enrolled shall: (A) Provide at least ninety (90) minutes of evidence-based literacy instruction aligned to the science of reading during each school day; (B) Assign the student to a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, or if the public school district or open-enrollment public charter school is unable to identify a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, assign the student to a teacher: (i) With a highly-effective rating according to the Teacher Excellence and Support System, § 6-17-2801 et seq., where possible; or (ii) Deemed to be a high-performing teacher as defined by a Master Professional Educator designation; (C) (i) Provide parents, legal guardians, or persons standing in loco parentis to students with a "read-at-home" plan to support student early literacy growth. (ii) A "read-at-home" plan shall include evidence-based science of reading strategies and tools that are aligned to a student's individual reading plan for parents, legal guardians, or persons standing in loco parentis to a student to use with their children; (D) Identify eligible students for literacy tutoring grants as established by this section and notify parents, legal guardians, or persons standing in loco parentis to a student regarding their child's eligibility; (E) Be given priority to receive a literacy tutoring grant under this section; and (F) Be given the option to participate in additional intensive, evidence-based literacy intervention programs aligned to the science of reading.

(A) Provide at least ninety (90) minutes of evidence-based literacy instruction aligned to the science of reading during each school day;

(B) Assign the student to a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, or if the public school district or open-enrollment public charter school is unable to identify a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, assign the student to a teacher: (i) With a highly-effective rating according to the Teacher Excellence and Support System, § 6-17-2801 et seq., where possible; or (ii) Deemed to be a high-performing teacher as defined by a Master Professional Educator designation;

(i) With a highly-effective rating according to the Teacher Excellence and Support System, § 6-17-2801 et seq., where possible; or

(ii) Deemed to be a high-performing teacher as defined by a Master Professional Educator designation;

(C) (i) Provide parents, legal guardians, or persons standing in loco parentis to students with a "read-at-home" plan to support student early literacy growth. (ii) A "read-at-home" plan shall include evidence-based science of reading strategies and tools that are aligned to a student's individual reading plan for parents, legal guardians, or persons standing in loco parentis to a student to use with their children;

(i) Provide parents, legal guardians, or persons standing in loco parentis to students with a "read-at-home" plan to support student early literacy growth.

(ii) A "read-at-home" plan shall include evidence-based science of reading strategies and tools that are aligned to a student's individual reading plan for parents, legal guardians, or persons standing in loco parentis to a student to use with their children;

(D) Identify eligible students for literacy tutoring grants as established by this section and notify parents, legal guardians, or persons standing in loco parentis to a student regarding their child's eligibility;

(E) Be given priority to receive a literacy tutoring grant under this section; and

(F) Be given the option to participate in additional intensive, evidence-based literacy intervention programs aligned to the science of reading.

(m) The division shall: (1) Enforce this section; (2) Promulgate rules to implement this section; and (3) Contract with a vendor to conduct an annual independent evaluation to identify and assess strategies that the state, public school districts, and open-enrollment public charter schools have taken to support Arkansas students in reading at grade level by the end of grade three (3).

(1) Enforce this section;

(2) Promulgate rules to implement this section; and

(3) Contract with a vendor to conduct an annual independent evaluation to identify and assess strategies that the state, public school districts, and open-enrollment public charter schools have taken to support Arkansas students in reading at grade level by the end of grade three (3).

(n) As used in this section: (1) "Science of reading" means the study of the relationship between cognitive science and educational outcomes; and (2) "Structured literacy" means an approach by which licensed personnel teach reading in an explicit, systematic, cumulative, and diagnostic manner.

(1) "Science of reading" means the study of the relationship between cognitive science and educational outcomes; and

(2) "Structured literacy" means an approach by which licensed personnel teach reading in an explicit, systematic, cumulative, and diagnostic manner.

(o) (1) The Secretary of the Department of Education shall hire an Education Ombudsman to assist the division in the enforcement of this section, including without limitation enforcing the requirements for: (A) Demonstrating proficiency; (B) Providing professional development; and (C) Using a permitted program of instruction. (2) The secretary may designate additional requirements related to public education, including without limitation the enforcement of literacy requirements. (3) The secretary shall supervise the Education Ombudsman and shall not delegate supervision to an employee of the division. (4) (A) The minimum qualifications for the Education Ombudsman shall include a master's degree in: (i) Education; or (ii) A related field. (B) An individual who has served as a past public school district superintendent or who serves as a current public school district superintendent is not eligible to serve as the Education Ombudsman under this section. (5) The Education Ombudsman may: (A) Communicate with: (i) A public school student, with permission from a parent, legal guardian, or person standing in loco parentis of the public school student; (ii) A parent, legal guardian, or person standing in loco parentis of a public school student; and (iii) Administration, faculty, and staff employed by a public school district or open-enrollment public charter school; (B) Review an issue or concern related to the education of a public school student enrolled in a public school or open-enrollment public charter school; (C) Recommend training and resources to a public school, public school district, or open-enrollment public charter school; and (D) Request support and assistance from the division to be provided to a public school, public school district, or open-enrollment public charter school. (6) (A) The Education Ombudsman shall prepare and submit an annual report to the state board concerning the work of the Education Ombudsman and any recommendations related to the focus areas of the Education Ombudsman. (B) The report required under subdivision (o)(6)(A) of this section shall be submitted every two (2) years to the: (i) House Committee on Education; and (ii) Senate Committee on Education.

(1) The Secretary of the Department of Education shall hire an Education Ombudsman to assist the division in the enforcement of this section, including without limitation enforcing the requirements for: (A) Demonstrating proficiency; (B) Providing professional development; and (C) Using a permitted program of instruction.

(A) Demonstrating proficiency;

(B) Providing professional development; and

(C) Using a permitted program of instruction.

(2) The secretary may designate additional requirements related to public education, including without limitation the enforcement of literacy requirements.

(3) The secretary shall supervise the Education Ombudsman and shall not delegate supervision to an employee of the division.

(4) (A) The minimum qualifications for the Education Ombudsman shall include a master's degree in: (i) Education; or (ii) A related field. (B) An individual who has served as a past public school district superintendent or who serves as a current public school district superintendent is not eligible to serve as the Education Ombudsman under this section.

(A) The minimum qualifications for the Education Ombudsman shall include a master's degree in: (i) Education; or (ii) A related field.

(i) Education; or

(ii) A related field.

(B) An individual who has served as a past public school district superintendent or who serves as a current public school district superintendent is not eligible to serve as the Education Ombudsman under this section.

(5) The Education Ombudsman may: (A) Communicate with: (i) A public school student, with permission from a parent, legal guardian, or person standing in loco parentis of the public school student; (ii) A parent, legal guardian, or person standing in loco parentis of a public school student; and (iii) Administration, faculty, and staff employed by a public school district or open-enrollment public charter school; (B) Review an issue or concern related to the education of a public school student enrolled in a public school or open-enrollment public charter school; (C) Recommend training and resources to a public school, public school district, or open-enrollment public charter school; and (D) Request support and assistance from the division to be provided to a public school, public school district, or open-enrollment public charter school.

(A) Communicate with: (i) A public school student, with permission from a parent, legal guardian, or person standing in loco parentis of the public school student; (ii) A parent, legal guardian, or person standing in loco parentis of a public school student; and (iii) Administration, faculty, and staff employed by a public school district or open-enrollment public charter school;

(i) A public school student, with permission from a parent, legal guardian, or person standing in loco parentis of the public school student;

(ii) A parent, legal guardian, or person standing in loco parentis of a public school student; and

(iii) Administration, faculty, and staff employed by a public school district or open-enrollment public charter school;

(B) Review an issue or concern related to the education of a public school student enrolled in a public school or open-enrollment public charter school;

(C) Recommend training and resources to a public school, public school district, or open-enrollment public charter school; and

(D) Request support and assistance from the division to be provided to a public school, public school district, or open-enrollment public charter school.

(6) (A) The Education Ombudsman shall prepare and submit an annual report to the state board concerning the work of the Education Ombudsman and any recommendations related to the focus areas of the Education Ombudsman. (B) The report required under subdivision (o)(6)(A) of this section shall be submitted every two (2) years to the: (i) House Committee on Education; and (ii) Senate Committee on Education.

(A) The Education Ombudsman shall prepare and submit an annual report to the state board concerning the work of the Education Ombudsman and any recommendations related to the focus areas of the Education Ombudsman.

(B) The report required under subdivision (o)(6)(A) of this section shall be submitted every two (2) years to the: (i) House Committee on Education; and (ii) Senate Committee on Education.

(i) House Committee on Education; and

(ii) Senate Committee on Education.

(p) The state board may promulgate rules to implement this section.

Amended by Act 2023, No. 791,§ 1, eff. 8/1/2023.

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

Amended by Act 2023, No. 237,§ 29, eff. 3/8/2023.

Amended by Act 2023, No. 237,§ 28, eff. 3/8/2023.

Amended by Act 2023, No. 237,§ 27, eff. 3/8/2023.

Amended by Act 2021, No. 606,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 606,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 489,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 83,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 83,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1433, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1432, eff. 7/1/2019.

Added by Act 2017, No. 1063,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 6-15-1805 — AR Code / Title 6 / Chapter 15 / Subchapter 18 / Section 6-15-1805
[Repealed]
Status: repealed

Repealed by Act 2013, No. 581,§ 6, eff. 8/16/2013. Acts 1993, No. 1288, § 5.

Repealed by Act 2013, No. 581,§ 6, eff. 8/16/2013.

Acts 1993, No. 1288, § 5.
Ark. Code Ann. § 6-61-1013 — AR Code / Title 6 / Chapter 61 / Subchapter 10 / Section 6-61-1013
Authority of board of trustees - Refunding bonds
Status: in_force

(a) The board of trustees has the power to and is authorized to refinance, in whole or in part, from time to time, its valid outstanding obligations issued under this subchapter and any amendments hereto. (b) (1) To that end, the board of trustees may issue refunding bonds. (2) This power may be exercised successively, and any obligations which have once been refunded may thereafter from time to time be refunded. (3) Refunding bonds shall be issued in the same manner as provided in this subchapter for original obligations. Acts 1993, No. 374, § 14.

(a) The board of trustees has the power to and is authorized to refinance, in whole or in part, from time to time, its valid outstanding obligations issued under this subchapter and any amendments hereto.

(b) (1) To that end, the board of trustees may issue refunding bonds. (2) This power may be exercised successively, and any obligations which have once been refunded may thereafter from time to time be refunded. (3) Refunding bonds shall be issued in the same manner as provided in this subchapter for original obligations.

(1) To that end, the board of trustees may issue refunding bonds.

(2) This power may be exercised successively, and any obligations which have once been refunded may thereafter from time to time be refunded.

(3) Refunding bonds shall be issued in the same manner as provided in this subchapter for original obligations.

Acts 1993, No. 374, § 14.
Ark. Code Ann. § 6-5-201 — AR Code / Title 6 / Chapter 5 / Subchapter 2 / Section 6-5-201
Definition
Status: in_force

(a) As used in this subchapter, "hazing" means: (1) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others when the conduct is directed against any other student and done for the purpose of intimidating the student attacked by threatening him or her with social or other ostracism or of submitting such student to ignominy, shame, or disgrace among his or her fellow students, and acts calculated to produce such results; (2) The playing of abusive or truculent tricks on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others, upon another student to frighten or scare him or her; (3) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others which is directed against any other student done for the purpose of humbling the pride, stifling the ambition, or impairing the courage of the student attacked or to discourage him or her from remaining in that school, college, university, or other educational institution, or reasonably to cause him or her to leave the institution rather than submit to such acts; or (4) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim; or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution; or any assault upon any such student made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this section. (b) The term "hazing" as defined in this section: (1) Does not include customary athletic events or similar contests or competitions; and (2) Is limited to those actions taken and situations created in connection with initiation into or affiliation with an organization, extracurricular activity, or sports program. Amended by Act 2015, No. 1187,§ 1, eff. 7/22/2015. Acts 1983, No. 75, § 2; A.S.A. 1947, § 80-5502; Acts 2011, No. 1160, § 1.

(a) As used in this subchapter, "hazing" means: (1) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others when the conduct is directed against any other student and done for the purpose of intimidating the student attacked by threatening him or her with social or other ostracism or of submitting such student to ignominy, shame, or disgrace among his or her fellow students, and acts calculated to produce such results; (2) The playing of abusive or truculent tricks on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others, upon another student to frighten or scare him or her; (3) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others which is directed against any other student done for the purpose of humbling the pride, stifling the ambition, or impairing the courage of the student attacked or to discourage him or her from remaining in that school, college, university, or other educational institution, or reasonably to cause him or her to leave the institution rather than submit to such acts; or (4) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim; or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution; or any assault upon any such student made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this section.

(1) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others when the conduct is directed against any other student and done for the purpose of intimidating the student attacked by threatening him or her with social or other ostracism or of submitting such student to ignominy, shame, or disgrace among his or her fellow students, and acts calculated to produce such results;

(2) The playing of abusive or truculent tricks on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others, upon another student to frighten or scare him or her;

(3) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others which is directed against any other student done for the purpose of humbling the pride, stifling the ambition, or impairing the courage of the student attacked or to discourage him or her from remaining in that school, college, university, or other educational institution, or reasonably to cause him or her to leave the institution rather than submit to such acts; or

(4) A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim; or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution; or any assault upon any such student made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this section.

(b) The term "hazing" as defined in this section: (1) Does not include customary athletic events or similar contests or competitions; and (2) Is limited to those actions taken and situations created in connection with initiation into or affiliation with an organization, extracurricular activity, or sports program.

(1) Does not include customary athletic events or similar contests or competitions; and

(2) Is limited to those actions taken and situations created in connection with initiation into or affiliation with an organization, extracurricular activity, or sports program.

Amended by Act 2015, No. 1187,§ 1, eff. 7/22/2015.

Acts 1983, No. 75, § 2; A.S.A. 1947, § 80-5502; Acts 2011, No. 1160, § 1.
Ark. Code Ann. § 6-18-2603 — AR Code / Title 6 / Chapter 18 / Subchapter 26 / Section 6-18-2603
Definitions
Status: in_force

As used in this subchapter: (1) "Affiliate" means a legal entity that controls, is controlled by, or is under common control with another legal entity; (2) "Control" means: (A) Ownership of, or the power to vote, more than fifty percent (50%) of the outstanding voting securities of a company; or (B) Control in any manner over the election of a majority of the directors or of individuals exercising similar management functions of a company; (3) "Deidentified data" means data that cannot reasonably be linked to an identified or identifiable natural person; (4) "Destroy" means to remove student personally identifiable information so that the information is permanently irretrievable in the normal course of business; (5) "Local education agency" means: (A) A public school district; or (B) An open-enrollment public charter school; (6) "Parent" means: (A) The biological or adoptive parent of a student; (B) A student's legal guardian; or (C) A person standing in loco parentis to a student; (7) "Public education entity" means: (A) The Department of Education; (B) A public school within a public school district; or (C) An open-enrollment public charter school; (8) (A) "School service" means a website, online service, online application, or mobile application that: (i) Is designed and marketed primarily for use in a preschool, elementary school, or secondary school; (ii) Is used at the direction of teachers or other employees of a local education agency; and (iii) Collects, maintains, or uses student personally identifiable information. (B) "School service" does not include a website, online service, online application, or mobile application that is designed and marketed for use by individuals or entities generally, even if the website, online service, online application, or mobile application is also marketed to a preschool, elementary school, or secondary school; (9) "School service contract provider" means an entity, other than a local education agency or an institution of higher education, that enters into a formal, negotiated contract with a public education entity to provide a school service; (10) "School service on-demand provider" means an entity, other than a public education entity or an institution of higher education, that provides a school service to a public education entity, subject to agreement by the public education entity, or an employee of the public education entity, to standard, nonnegotiable terms and conditions of service established by the entity; (11) (A) "Student personally identifiable information" means information that, alone or in combination, personally identifies an individual student or the student's parent or family, and that is collected, maintained, generated, or inferred by: (i) A public education entity, either directly or through a school service; (ii) A school service contract provider; or (iii) A school service on-demand provider. (B) "Student personally identifiable information" does not include deidentified data; (12) (A) "Targeted advertising" means selecting and sending advertisements to a student based on personal data obtained or inferred over time from the student's online behavior, use of applications, or student personally identifiable information. (B) "Targeted advertising" does not include: (i) Advertising to a student: (a) At an online location based on the student's current visit to that location or in response to the student's request for information or feedback; and (b) Without the collection and retention of a student's online activities over time; (ii) Adaptive learning, personalized learning, or customized education; (iii) With the consent of a student or the student's parent, using the student's personally identifiable information to identify for the student institutions of higher education or scholarship providers that are seeking students who meet specific criteria; or (iv) Processing personal data solely for measuring or reporting advertising performance, reach, or frequency; and (13) (A) "Vendor" means a business or other organization with which a public education entity contracts for a product or service. (B) "Vendor" includes a school service contract provider and a school service on-demand provider. Added by Act 2023, No. 754,§ 1, eff. 6/1/2024.

As used in this subchapter:

(1) "Affiliate" means a legal entity that controls, is controlled by, or is under common control with another legal entity;

(2) "Control" means: (A) Ownership of, or the power to vote, more than fifty percent (50%) of the outstanding voting securities of a company; or (B) Control in any manner over the election of a majority of the directors or of individuals exercising similar management functions of a company;

(A) Ownership of, or the power to vote, more than fifty percent (50%) of the outstanding voting securities of a company; or

(B) Control in any manner over the election of a majority of the directors or of individuals exercising similar management functions of a company;

(3) "Deidentified data" means data that cannot reasonably be linked to an identified or identifiable natural person;

(4) "Destroy" means to remove student personally identifiable information so that the information is permanently irretrievable in the normal course of business;

(5) "Local education agency" means: (A) A public school district; or (B) An open-enrollment public charter school;

(A) A public school district; or

(B) An open-enrollment public charter school;

(6) "Parent" means: (A) The biological or adoptive parent of a student; (B) A student's legal guardian; or (C) A person standing in loco parentis to a student;

(A) The biological or adoptive parent of a student;

(B) A student's legal guardian; or

(C) A person standing in loco parentis to a student;

(7) "Public education entity" means: (A) The Department of Education; (B) A public school within a public school district; or (C) An open-enrollment public charter school;

(A) The Department of Education;

(B) A public school within a public school district; or

(C) An open-enrollment public charter school;

(8) (A) "School service" means a website, online service, online application, or mobile application that: (i) Is designed and marketed primarily for use in a preschool, elementary school, or secondary school; (ii) Is used at the direction of teachers or other employees of a local education agency; and (iii) Collects, maintains, or uses student personally identifiable information. (B) "School service" does not include a website, online service, online application, or mobile application that is designed and marketed for use by individuals or entities generally, even if the website, online service, online application, or mobile application is also marketed to a preschool, elementary school, or secondary school;

(A) "School service" means a website, online service, online application, or mobile application that: (i) Is designed and marketed primarily for use in a preschool, elementary school, or secondary school; (ii) Is used at the direction of teachers or other employees of a local education agency; and (iii) Collects, maintains, or uses student personally identifiable information.

(i) Is designed and marketed primarily for use in a preschool, elementary school, or secondary school;

(ii) Is used at the direction of teachers or other employees of a local education agency; and

(iii) Collects, maintains, or uses student personally identifiable information.

(B) "School service" does not include a website, online service, online application, or mobile application that is designed and marketed for use by individuals or entities generally, even if the website, online service, online application, or mobile application is also marketed to a preschool, elementary school, or secondary school;

(9) "School service contract provider" means an entity, other than a local education agency or an institution of higher education, that enters into a formal, negotiated contract with a public education entity to provide a school service;

(10) "School service on-demand provider" means an entity, other than a public education entity or an institution of higher education, that provides a school service to a public education entity, subject to agreement by the public education entity, or an employee of the public education entity, to standard, nonnegotiable terms and conditions of service established by the entity;

(11) (A) "Student personally identifiable information" means information that, alone or in combination, personally identifies an individual student or the student's parent or family, and that is collected, maintained, generated, or inferred by: (i) A public education entity, either directly or through a school service; (ii) A school service contract provider; or (iii) A school service on-demand provider. (B) "Student personally identifiable information" does not include deidentified data;

(A) "Student personally identifiable information" means information that, alone or in combination, personally identifies an individual student or the student's parent or family, and that is collected, maintained, generated, or inferred by: (i) A public education entity, either directly or through a school service; (ii) A school service contract provider; or (iii) A school service on-demand provider.

(i) A public education entity, either directly or through a school service;

(ii) A school service contract provider; or

(iii) A school service on-demand provider.

(B) "Student personally identifiable information" does not include deidentified data;

(12) (A) "Targeted advertising" means selecting and sending advertisements to a student based on personal data obtained or inferred over time from the student's online behavior, use of applications, or student personally identifiable information. (B) "Targeted advertising" does not include: (i) Advertising to a student: (a) At an online location based on the student's current visit to that location or in response to the student's request for information or feedback; and (b) Without the collection and retention of a student's online activities over time; (ii) Adaptive learning, personalized learning, or customized education; (iii) With the consent of a student or the student's parent, using the student's personally identifiable information to identify for the student institutions of higher education or scholarship providers that are seeking students who meet specific criteria; or (iv) Processing personal data solely for measuring or reporting advertising performance, reach, or frequency; and

(A) "Targeted advertising" means selecting and sending advertisements to a student based on personal data obtained or inferred over time from the student's online behavior, use of applications, or student personally identifiable information.

(B) "Targeted advertising" does not include: (i) Advertising to a student: (a) At an online location based on the student's current visit to that location or in response to the student's request for information or feedback; and (b) Without the collection and retention of a student's online activities over time; (ii) Adaptive learning, personalized learning, or customized education; (iii) With the consent of a student or the student's parent, using the student's personally identifiable information to identify for the student institutions of higher education or scholarship providers that are seeking students who meet specific criteria; or (iv) Processing personal data solely for measuring or reporting advertising performance, reach, or frequency; and

(i) Advertising to a student: (a) At an online location based on the student's current visit to that location or in response to the student's request for information or feedback; and (b) Without the collection and retention of a student's online activities over time;

(a) At an online location based on the student's current visit to that location or in response to the student's request for information or feedback; and

(b) Without the collection and retention of a student's online activities over time;

(ii) Adaptive learning, personalized learning, or customized education;

(iii) With the consent of a student or the student's parent, using the student's personally identifiable information to identify for the student institutions of higher education or scholarship providers that are seeking students who meet specific criteria; or

(iv) Processing personal data solely for measuring or reporting advertising performance, reach, or frequency; and

(13) (A) "Vendor" means a business or other organization with which a public education entity contracts for a product or service. (B) "Vendor" includes a school service contract provider and a school service on-demand provider.

(A) "Vendor" means a business or other organization with which a public education entity contracts for a product or service.

(B) "Vendor" includes a school service contract provider and a school service on-demand provider.

Added by Act 2023, No. 754,§ 1, eff. 6/1/2024.
Ark. Code Ann. § 6-17-1603 — AR Code / Title 6 / Chapter 17 / Subchapter 16 / Section 6-17-1603
Yearly incentive bonus
Status: in_force

(a) The Division of Elementary and Secondary Education shall promulgate rules for the nine-thousand-dollar yearly incentive bonus provided under this section for principals receiving master school principal status. (b) The division shall pay a yearly incentive bonus of nine thousand dollars ($9,000) for every school year for no more than five (5) years to any building-level principal who: (1) Receives a master school principal designation from the Arkansas Leadership Academy; and (2) At the time of receiving the bonus, is employed full time as a building-level principal in an Arkansas public school district. Amended by Act 2019, No. 315,§ 237, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1476, eff. 7/1/2019. Acts 2003 (2nd Ex. Sess.), No. 44, § 3.

(a) The Division of Elementary and Secondary Education shall promulgate rules for the nine-thousand-dollar yearly incentive bonus provided under this section for principals receiving master school principal status.

(b) The division shall pay a yearly incentive bonus of nine thousand dollars ($9,000) for every school year for no more than five (5) years to any building-level principal who: (1) Receives a master school principal designation from the Arkansas Leadership Academy; and (2) At the time of receiving the bonus, is employed full time as a building-level principal in an Arkansas public school district.

(1) Receives a master school principal designation from the Arkansas Leadership Academy; and

(2) At the time of receiving the bonus, is employed full time as a building-level principal in an Arkansas public school district.

Amended by Act 2019, No. 315,§ 237, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1476, eff. 7/1/2019.

Acts 2003 (2nd Ex. Sess.), No. 44, § 3.
Ark. Code Ann. § 6-64-609 — AR Code / Title 6 / Chapter 64 / Subchapter 6 / Section 6-64-609
[Repealed]
Status: repealed

Repealed by Act 2023, No. 124,§ 19, eff. 8/1/2023. Acts 1973, No. 207, § 4; A.S.A. 1947, § 80-2890.3; Acts 1989, No. 679, § 1.

Repealed by Act 2023, No. 124,§ 19, eff. 8/1/2023.

Acts 1973, No. 207, § 4; A.S.A. 1947, § 80-2890.3; Acts 1989, No. 679, § 1.
Ark. Code Ann. § 6-23-508 — AR Code / Title 6 / Chapter 23 / Subchapter 5 / Section 6-23-508
Facilities funding for open-enrollment public charter schools
Status: in_force

(a) The Department of Education may: (1) Provide for an open-enrollment public charter school facilities funding program, subject to appropriations by the General Assembly; (2) (A) Contract with a third-party administrator to administer the program established under subdivision (a)(1) of this section. (B) Funds shall be granted to the third-party administrator to create a revolving loan fund for the purpose of financing open-enrollment public charter school facilities projects under this section; and (3) Establish procedures for administering the fund program established under subdivision (a)(1) of this section. (b) Eligible open-enrollment public charter schools shall be in academic and financial good standing, as determined by the State Board of Education. (c) The state board may promulgate rules to implement this section. Added by Act 2023, No. 237,§ 50, eff. 3/8/2023.

(a) The Department of Education may: (1) Provide for an open-enrollment public charter school facilities funding program, subject to appropriations by the General Assembly; (2) (A) Contract with a third-party administrator to administer the program established under subdivision (a)(1) of this section. (B) Funds shall be granted to the third-party administrator to create a revolving loan fund for the purpose of financing open-enrollment public charter school facilities projects under this section; and (3) Establish procedures for administering the fund program established under subdivision (a)(1) of this section.

(1) Provide for an open-enrollment public charter school facilities funding program, subject to appropriations by the General Assembly;

(2) (A) Contract with a third-party administrator to administer the program established under subdivision (a)(1) of this section. (B) Funds shall be granted to the third-party administrator to create a revolving loan fund for the purpose of financing open-enrollment public charter school facilities projects under this section; and

(A) Contract with a third-party administrator to administer the program established under subdivision (a)(1) of this section.

(B) Funds shall be granted to the third-party administrator to create a revolving loan fund for the purpose of financing open-enrollment public charter school facilities projects under this section; and

(3) Establish procedures for administering the fund program established under subdivision (a)(1) of this section.

(b) Eligible open-enrollment public charter schools shall be in academic and financial good standing, as determined by the State Board of Education.

(c) The state board may promulgate rules to implement this section.

Added by Act 2023, No. 237,§ 50, eff. 3/8/2023.
Ark. Code Ann. § 6-82-314 — AR Code / Title 6 / Chapter 82 / Subchapter 3 / Section 6-82-314
Withdrawal from school - Refund
Status: in_force

If a recipient of an Arkansas Governor's Scholarship or Arkansas Governor's Distinguished Scholarship withdraws from an approved private or public institution and under the policy of that institution the student is entitled to a refund of any tuition, fees, or other charges, the institution shall pay the refund to which the student may be entitled to the Division of Higher Education to the extent of any amount the division has paid to the student for that academic year. Amended by Act 2019, No. 910,§ 2089, eff. 7/1/2019. Acts 1983 (Ex. Sess.), No. 59, § 6; A.S.A. 1947, § 80-5906.

If a recipient of an Arkansas Governor's Scholarship or Arkansas Governor's Distinguished Scholarship withdraws from an approved private or public institution and under the policy of that institution the student is entitled to a refund of any tuition, fees, or other charges, the institution shall pay the refund to which the student may be entitled to the Division of Higher Education to the extent of any amount the division has paid to the student for that academic year.

Amended by Act 2019, No. 910,§ 2089, eff. 7/1/2019.

Acts 1983 (Ex. Sess.), No. 59, § 6; A.S.A. 1947, § 80-5906.
Ark. Code Ann. § 6-21-814 — AR Code / Title 6 / Chapter 21 / Subchapter 8 / Section 6-21-814
Appeals
Status: in_force

(a) A school district may appeal any determination of the Division of Public School Academic Facilities and Transportation under this subchapter to the Commission for Arkansas Public School Academic Facilities and Transportation in accordance with procedures developed by the commission. (b) All decisions of the commission resulting from a school district's appeal of a division determination under this subchapter shall be final and shall not be subject to further appeal or request for rehearing to the commission or petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 2005, No. 1426, § 1.

(a) A school district may appeal any determination of the Division of Public School Academic Facilities and Transportation under this subchapter to the Commission for Arkansas Public School Academic Facilities and Transportation in accordance with procedures developed by the commission.

(b) All decisions of the commission resulting from a school district's appeal of a division determination under this subchapter shall be final and shall not be subject to further appeal or request for rehearing to the commission or petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 2005, No. 1426, § 1.
Ark. Code Ann. § 6-24-115 — AR Code / Title 6 / Chapter 24 / Section 6-24-115
Criminal penalties
Status: in_force

(a) (1) Any board member, administrator, employee, or nonemployee who shall knowingly violate the provisions of this chapter shall be guilty of a felony. (2) In addition, the court may fine the violator in any sum not to exceed the greater of ten thousand dollars ($10,000) or double the dollar amounts involved in the transactions, sentence the violator to prison for not more than five (5) years, or impose both a fine and imprisonment. (b) Any board member, administrator, employee, or nonemployee who should have known his or her actions would violate the provisions of this chapter shall be guilty of a Class A misdemeanor. (c) Upon pleading guilty or nolo contendere or being found guilty of violating this chapter, the court shall order restitution to the public educational entity in addition to any other penalty proscribed. Amended by Act 2023, No. 883,§ 5, eff. 5/1/2024. Acts 2001, No. 1599, § 15.

(a) (1) Any board member, administrator, employee, or nonemployee who shall knowingly violate the provisions of this chapter shall be guilty of a felony. (2) In addition, the court may fine the violator in any sum not to exceed the greater of ten thousand dollars ($10,000) or double the dollar amounts involved in the transactions, sentence the violator to prison for not more than five (5) years, or impose both a fine and imprisonment.

(1) Any board member, administrator, employee, or nonemployee who shall knowingly violate the provisions of this chapter shall be guilty of a felony.

(2) In addition, the court may fine the violator in any sum not to exceed the greater of ten thousand dollars ($10,000) or double the dollar amounts involved in the transactions, sentence the violator to prison for not more than five (5) years, or impose both a fine and imprisonment.

(b) Any board member, administrator, employee, or nonemployee who should have known his or her actions would violate the provisions of this chapter shall be guilty of a Class A misdemeanor.

(c) Upon pleading guilty or nolo contendere or being found guilty of violating this chapter, the court shall order restitution to the public educational entity in addition to any other penalty proscribed.

Amended by Act 2023, No. 883,§ 5, eff. 5/1/2024.

Acts 2001, No. 1599, § 15.
Ark. Code Ann. § 6-64-411 — AR Code / Title 6 / Chapter 64 / Subchapter 4 / Section 6-64-411
School of Dental Hygiene
Status: in_force

(a) There is established at the University of Arkansas for Medical Sciences Medical Center, under the direction of the Board of Trustees of the University of Arkansas, a University of Arkansas School of Dental Hygiene, which shall offer a program of clinical instruction leading to a degree or certificate in dental hygiene. (b) The board shall establish rules governing admissions to the University of Arkansas School of Dental Hygiene, programs of instruction therein, and the qualifications and requirements for a degree or certificate. However, rules for admissions, courses or programs of clinical instruction, and degrees or certificates for graduation therefrom shall be in accordance with the standards established by the recognized national accreditation association of dental hygiene schools or programs. (c) Any degree or certificate granted by the University of Arkansas School of Dental Hygiene shall also be in conformance with the standards for licensing as a dental hygienist under the applicable licensing laws of this state. Amended by Act 2019, No. 315,§ 384, eff. 7/24/2019. Acts 1967, No. 331, § 1; A.S.A. 1947, § 80-2878.

(a) There is established at the University of Arkansas for Medical Sciences Medical Center, under the direction of the Board of Trustees of the University of Arkansas, a University of Arkansas School of Dental Hygiene, which shall offer a program of clinical instruction leading to a degree or certificate in dental hygiene.

(b) The board shall establish rules governing admissions to the University of Arkansas School of Dental Hygiene, programs of instruction therein, and the qualifications and requirements for a degree or certificate. However, rules for admissions, courses or programs of clinical instruction, and degrees or certificates for graduation therefrom shall be in accordance with the standards established by the recognized national accreditation association of dental hygiene schools or programs.

(c) Any degree or certificate granted by the University of Arkansas School of Dental Hygiene shall also be in conformance with the standards for licensing as a dental hygienist under the applicable licensing laws of this state.

Amended by Act 2019, No. 315,§ 384, eff. 7/24/2019.

Acts 1967, No. 331, § 1; A.S.A. 1947, § 80-2878.