Ark. Code Ann. § 6-20-104 — AR Code / Title 6 / Chapter 20 / Subchapter 1 / Section 6-20-104
Reimbursement for educational services provided in juvenile detention facilities - Definition
Status: in_force

(a) (1) As used in this section, "juvenile detention facility" means any facility operated by a political subdivision of the state for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent, who require secure custody in a physically restricting facility. (2) Under § 9-27-330(a)(11) , such juvenile detention facility must provide educational and other rehabilitative services to adjudicated delinquents who may be ordered by the court to remain in the juvenile detention facility for an indeterminate period not to exceed ninety (90) days. (b) (1) Upon disposition by the juvenile court that an adjudicated juvenile shall stay in a juvenile detention facility for any period of time, the facility shall notify the juvenile's resident school district of his or her whereabouts and within five (5) days after the juvenile is released shall certify the detention dates to the district. (2) The school district where the facility is located and the juvenile detention facility shall jointly complete an application for funding to be based on the approved student capacity of the facility and shall submit the application to the Division of Elementary and Secondary Education. (3) If the amount of state funds due cannot be agreed upon by the juvenile detention facility and the school district where the facility is located, an appeal shall be made to the division. All decisions rendered shall be final. (c) The division shall issue rules for the effective implementation of this section, including: (1) The classification of juvenile detention centers as approved residential treatment facilities; (2) The designation of the juvenile detention facility and the district where the juvenile detention facility is located as responsible for educating the student consistent with federal and state laws for any period of time the student is being held in the facility; and (3) The designation of the resident district of a student who is being held in a juvenile detention facility as responsible for the timely transfer of a student's educational records to the district where the juvenile detention facility is located upon notification by the court of the student's placement in a juvenile detention facility. (d) The funds appropriated to the division for juvenile detention facilities shall be allocated in accordance with rules promulgated by the State Board of Education. Amended by Act 2023, No. 572,§ 12, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 271, eff. 7/24/2019. Acts 1995, No. 667, §§ 1-4; 1999, No. 1318, § 2.

(a) (1) As used in this section, "juvenile detention facility" means any facility operated by a political subdivision of the state for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent, who require secure custody in a physically restricting facility. (2) Under § 9-27-330(a)(11) , such juvenile detention facility must provide educational and other rehabilitative services to adjudicated delinquents who may be ordered by the court to remain in the juvenile detention facility for an indeterminate period not to exceed ninety (90) days.

(1) As used in this section, "juvenile detention facility" means any facility operated by a political subdivision of the state for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent, who require secure custody in a physically restricting facility.

(2) Under § 9-27-330(a)(11) , such juvenile detention facility must provide educational and other rehabilitative services to adjudicated delinquents who may be ordered by the court to remain in the juvenile detention facility for an indeterminate period not to exceed ninety (90) days.

(b) (1) Upon disposition by the juvenile court that an adjudicated juvenile shall stay in a juvenile detention facility for any period of time, the facility shall notify the juvenile's resident school district of his or her whereabouts and within five (5) days after the juvenile is released shall certify the detention dates to the district. (2) The school district where the facility is located and the juvenile detention facility shall jointly complete an application for funding to be based on the approved student capacity of the facility and shall submit the application to the Division of Elementary and Secondary Education. (3) If the amount of state funds due cannot be agreed upon by the juvenile detention facility and the school district where the facility is located, an appeal shall be made to the division. All decisions rendered shall be final.

(1) Upon disposition by the juvenile court that an adjudicated juvenile shall stay in a juvenile detention facility for any period of time, the facility shall notify the juvenile's resident school district of his or her whereabouts and within five (5) days after the juvenile is released shall certify the detention dates to the district.

(2) The school district where the facility is located and the juvenile detention facility shall jointly complete an application for funding to be based on the approved student capacity of the facility and shall submit the application to the Division of Elementary and Secondary Education.

(3) If the amount of state funds due cannot be agreed upon by the juvenile detention facility and the school district where the facility is located, an appeal shall be made to the division. All decisions rendered shall be final.

(c) The division shall issue rules for the effective implementation of this section, including: (1) The classification of juvenile detention centers as approved residential treatment facilities; (2) The designation of the juvenile detention facility and the district where the juvenile detention facility is located as responsible for educating the student consistent with federal and state laws for any period of time the student is being held in the facility; and (3) The designation of the resident district of a student who is being held in a juvenile detention facility as responsible for the timely transfer of a student's educational records to the district where the juvenile detention facility is located upon notification by the court of the student's placement in a juvenile detention facility.

(1) The classification of juvenile detention centers as approved residential treatment facilities;

(2) The designation of the juvenile detention facility and the district where the juvenile detention facility is located as responsible for educating the student consistent with federal and state laws for any period of time the student is being held in the facility; and

(3) The designation of the resident district of a student who is being held in a juvenile detention facility as responsible for the timely transfer of a student's educational records to the district where the juvenile detention facility is located upon notification by the court of the student's placement in a juvenile detention facility.

(d) The funds appropriated to the division for juvenile detention facilities shall be allocated in accordance with rules promulgated by the State Board of Education.

Amended by Act 2023, No. 572,§ 12, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 271, eff. 7/24/2019.

Acts 1995, No. 667, §§ 1-4; 1999, No. 1318, § 2.
Ark. Code Ann. § 6-64-718 — AR Code / Title 6 / Chapter 64 / Subchapter 7 / Section 6-64-718
Preservation of Pine Tree Research Station
Status: in_force

(a) The Board of Trustees of the University of Arkansas shall not sell the property commonly known as the "Pine Tree Research Station", located in St. Francis County, Arkansas, acquired by the Board of Trustees of the University of Arkansas from the United States of America, acting through the United States Forest Service in 1978, to a private entity or individual. (b) The Board of Trustees of the University of Arkansas may sell the property commonly known as the "Pine Tree Research Station", located in St. Francis County, Arkansas, acquired by the Board of Trustees of the University of Arkansas from the United States of America, acting through the United States Forest Service in 1978, to a nonprofit corporation: (1) Organized with the primary mission to keep the land open to the public and available for public use; and (2) Organized and operated for a minimum of five (5) years. (c) The property commonly known as the "Pine Tree Research Station", located in St. Francis County, Arkansas, acquired by the Board of Trustees of the University of Arkansas from the United States of America, acting through the United States Forest Service in 1978, shall remain open to the public for public use, including without limitation: (1) Public fishing; (2) Public hunting; (3) Biking; (4) Bird watching; and (5) Hiking. (d) All property commonly known as the "Pine Tree Research Station", located in St. Francis County, Arkansas, acquired by the Board of Trustees of the University of Arkansas from the United States of America, acting through the United States Forest Service in 1978, used for row crop cultivation in the year 2020, is exempt from subsection (c) of this section. Added by Act 2021, No. 564,§ 1, eff. 4/5/2021.

(a) The Board of Trustees of the University of Arkansas shall not sell the property commonly known as the "Pine Tree Research Station", located in St. Francis County, Arkansas, acquired by the Board of Trustees of the University of Arkansas from the United States of America, acting through the United States Forest Service in 1978, to a private entity or individual.

(b) The Board of Trustees of the University of Arkansas may sell the property commonly known as the "Pine Tree Research Station", located in St. Francis County, Arkansas, acquired by the Board of Trustees of the University of Arkansas from the United States of America, acting through the United States Forest Service in 1978, to a nonprofit corporation: (1) Organized with the primary mission to keep the land open to the public and available for public use; and (2) Organized and operated for a minimum of five (5) years.

(1) Organized with the primary mission to keep the land open to the public and available for public use; and

(2) Organized and operated for a minimum of five (5) years.

(c) The property commonly known as the "Pine Tree Research Station", located in St. Francis County, Arkansas, acquired by the Board of Trustees of the University of Arkansas from the United States of America, acting through the United States Forest Service in 1978, shall remain open to the public for public use, including without limitation: (1) Public fishing; (2) Public hunting; (3) Biking; (4) Bird watching; and (5) Hiking.

(1) Public fishing;

(2) Public hunting;

(3) Biking;

(4) Bird watching; and

(5) Hiking.

(d) All property commonly known as the "Pine Tree Research Station", located in St. Francis County, Arkansas, acquired by the Board of Trustees of the University of Arkansas from the United States of America, acting through the United States Forest Service in 1978, used for row crop cultivation in the year 2020, is exempt from subsection (c) of this section.

Added by Act 2021, No. 564,§ 1, eff. 4/5/2021.
Ark. Code Ann. § 6-5-803 — AR Code / Title 6 / Chapter 5 / Subchapter 8 / Section 6-5-803
Arkansas Academic Physician Program
Status: in_force

(a) There is created within the Division of Higher Education the Arkansas Academic Physician Program. (b) To ensure academic success and completion of medical, pharmacy, or nursing school, the program shall provide academic support for students preparing to matriculate at a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education. (c) The program shall offer tutoring, group study, test-taking strategies, and supplemental instruction to promote collegiality and enhance the student's ability to master the basic sciences and increase the applicant pool. (d) The program aims to offer premedical, prepharmacy, and prenursing students in Arkansas from diverse backgrounds the opportunity to engage in a variety of clinical hands-on experiences. Amended by Act 2019, No. 910,§ 1054, eff. 7/1/2019. Amended by Act 2017, No. 147,§ 1, eff. 2/7/2017. Acts 2009, No. 709, § 1.

(a) There is created within the Division of Higher Education the Arkansas Academic Physician Program.

(b) To ensure academic success and completion of medical, pharmacy, or nursing school, the program shall provide academic support for students preparing to matriculate at a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education.

(c) The program shall offer tutoring, group study, test-taking strategies, and supplemental instruction to promote collegiality and enhance the student's ability to master the basic sciences and increase the applicant pool.

(d) The program aims to offer premedical, prepharmacy, and prenursing students in Arkansas from diverse backgrounds the opportunity to engage in a variety of clinical hands-on experiences.

Amended by Act 2019, No. 910,§ 1054, eff. 7/1/2019.

Amended by Act 2017, No. 147,§ 1, eff. 2/7/2017.

Acts 2009, No. 709, § 1.
Ark. Code Ann. § 6-64-906 — AR Code / Title 6 / Chapter 64 / Subchapter 9 / Section 6-64-906
Research guidance and assistance to government, education, and business interests
Status: in_force

The Arkansas Center for Research, Education and Technical Extension, and Graduate Education located and operated as provided in this subchapter will offer research, guidance, and assistance to government, education, and business interests in the State of Arkansas in order to achieve guidelines for Arkansas development and to minimize duplication of efforts. Acts 1965, No. 443, § 6; A.S.A. 1947, § 80-2871.

The Arkansas Center for Research, Education and Technical Extension, and Graduate Education located and operated as provided in this subchapter will offer research, guidance, and assistance to government, education, and business interests in the State of Arkansas in order to achieve guidelines for Arkansas development and to minimize duplication of efforts.

Acts 1965, No. 443, § 6; A.S.A. 1947, § 80-2871.
Ark. Code Ann. § 6-15-2108 — AR Code / Title 6 / Chapter 15 / Subchapter 21 / Section 6-15-2108
School rating system
Status: in_force

(a) The school rating system shall be a multiple-measures approach that shall include without limitation: (1) Academic achievement on the annual statewide student assessment; (2) Student growth on the annual statewide student assessment; (3) School-level graduation rate or rates; and (4) English-learner progress or growth in acquiring English. (b) The school rating system shall consider without limitation at least one (1) or more of the following indicators: (1) Closing the achievement gap; (2) Academic growth of student subgroups, including without limitation economically disadvantaged students, students from major racial and ethnic groups, English learners, and students with disabilities; (3) The percentage of the grade nine (9) cohort with on-time completion of credit attainment at the end of grade nine (9); (4) Equity in resource allocation; (5) The percentage of students who earn: (A) Advanced placement credit; (B) Concurrent credit; (C) International Baccalaureate credit; or (D) Industry-recognized certification that leads to articulated or concurrent credit at a postsecondary institution; (6) Student access to multiple flexible learning continua, including but not limited to personalized, competency, or mastery learning; (7) Student access to preschool offered by the public school district; (8) The proportional percentage of qualified educators who hold a National Board for Professional Teaching Standards certification or have an advanced degree beyond their bachelor's degree; and (9) Public school district and community partnerships. (c) Indicators included or considered as part of the school rating system shall: (1) Allow for meaningful differentiation in school performance; and (2) Be valid, reliable, comparable, and applicable statewide. (d) The Division of Elementary and Secondary Education shall promulgate rules to implement this section. Amended by Act 2019, No. 910,§ 1251, eff. 7/1/2019. Added by Act 2017, No. 744,§ 4, eff. 8/1/2017.

(a) The school rating system shall be a multiple-measures approach that shall include without limitation: (1) Academic achievement on the annual statewide student assessment; (2) Student growth on the annual statewide student assessment; (3) School-level graduation rate or rates; and (4) English-learner progress or growth in acquiring English.

(1) Academic achievement on the annual statewide student assessment;

(2) Student growth on the annual statewide student assessment;

(3) School-level graduation rate or rates; and

(4) English-learner progress or growth in acquiring English.

(b) The school rating system shall consider without limitation at least one (1) or more of the following indicators: (1) Closing the achievement gap; (2) Academic growth of student subgroups, including without limitation economically disadvantaged students, students from major racial and ethnic groups, English learners, and students with disabilities; (3) The percentage of the grade nine (9) cohort with on-time completion of credit attainment at the end of grade nine (9); (4) Equity in resource allocation; (5) The percentage of students who earn: (A) Advanced placement credit; (B) Concurrent credit; (C) International Baccalaureate credit; or (D) Industry-recognized certification that leads to articulated or concurrent credit at a postsecondary institution; (6) Student access to multiple flexible learning continua, including but not limited to personalized, competency, or mastery learning; (7) Student access to preschool offered by the public school district; (8) The proportional percentage of qualified educators who hold a National Board for Professional Teaching Standards certification or have an advanced degree beyond their bachelor's degree; and (9) Public school district and community partnerships.

(1) Closing the achievement gap;

(2) Academic growth of student subgroups, including without limitation economically disadvantaged students, students from major racial and ethnic groups, English learners, and students with disabilities;

(3) The percentage of the grade nine (9) cohort with on-time completion of credit attainment at the end of grade nine (9);

(4) Equity in resource allocation;

(5) The percentage of students who earn: (A) Advanced placement credit; (B) Concurrent credit; (C) International Baccalaureate credit; or (D) Industry-recognized certification that leads to articulated or concurrent credit at a postsecondary institution;

(A) Advanced placement credit;

(B) Concurrent credit;

(C) International Baccalaureate credit; or

(D) Industry-recognized certification that leads to articulated or concurrent credit at a postsecondary institution;

(6) Student access to multiple flexible learning continua, including but not limited to personalized, competency, or mastery learning;

(7) Student access to preschool offered by the public school district;

(8) The proportional percentage of qualified educators who hold a National Board for Professional Teaching Standards certification or have an advanced degree beyond their bachelor's degree; and

(9) Public school district and community partnerships.

(c) Indicators included or considered as part of the school rating system shall: (1) Allow for meaningful differentiation in school performance; and (2) Be valid, reliable, comparable, and applicable statewide.

(1) Allow for meaningful differentiation in school performance; and

(2) Be valid, reliable, comparable, and applicable statewide.

(d) The Division of Elementary and Secondary Education shall promulgate rules to implement this section.

Amended by Act 2019, No. 910,§ 1251, eff. 7/1/2019.

Added by Act 2017, No. 744,§ 4, eff. 8/1/2017.
Ark. Code Ann. § 6-64-612 — AR Code / Title 6 / Chapter 64 / Subchapter 6 / Section 6-64-612
[Repealed]
Status: repealed

Repealed by Act 2023, No. 124,§ 19, eff. 8/1/2023. Acts 1973, No. 207, § 5; A.S.A. 1947, § 80-2890.4.

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

Acts 1973, No. 207, § 5; A.S.A. 1947, § 80-2890.4.
Ark. Code Ann. § 6-61-1003 — AR Code / Title 6 / Chapter 61 / Subchapter 10 / Section 6-61-1003
Issuance of bonds
Status: in_force

The board of trustees is authorized and empowered to issue its bonds with a specific pledge for the payment of debt service and costs of issuance thereof from all or any part of the following: (1) The gross tolls, fees, rents, and other charges to be derived as income from the project; (2) Any surplus not pledged of the gross tolls, fees, rents, and other charges to be derived from other projects financed in whole or in part by bonds issued by the board of trustees; (3) All or any part of revenues derived from any auxiliary enterprise authorized by law; (4) Tuition and fees collected from students; (5) All or any part of the proceeds of any tax or special millage now or hereafter approved by the General Assembly for the accomplishment of the purposes of this subchapter; (6) All or any part of the revenues described in § 6-53-207(d) and (e) and § 6-61-603(b) ; and (7) (A) Any funds received from the United States, or any department or agency thereof, pursuant to any act of the United States Congress, providing for grants or payments to educational institutions in connection with, or in any way pertaining to, the financing of acquiring lands and constructing and equipping buildings and improvements thereon. (B) In regard to the funds referred to in subdivision (7)(A) of this section, the board of trustees is authorized to take such action, comply with such terms and conditions, and execute such agreements as may be necessary to apply for, receive, pledge, or use such funds for the purposes specified in this subchapter or any other lawful purpose. Acts 1993, No. 374, § 5.

The board of trustees is authorized and empowered to issue its bonds with a specific pledge for the payment of debt service and costs of issuance thereof from all or any part of the following:

(1) The gross tolls, fees, rents, and other charges to be derived as income from the project;

(2) Any surplus not pledged of the gross tolls, fees, rents, and other charges to be derived from other projects financed in whole or in part by bonds issued by the board of trustees;

(3) All or any part of revenues derived from any auxiliary enterprise authorized by law;

(4) Tuition and fees collected from students;

(5) All or any part of the proceeds of any tax or special millage now or hereafter approved by the General Assembly for the accomplishment of the purposes of this subchapter;

(6) All or any part of the revenues described in § 6-53-207(d) and (e) and § 6-61-603(b) ; and

(7) (A) Any funds received from the United States, or any department or agency thereof, pursuant to any act of the United States Congress, providing for grants or payments to educational institutions in connection with, or in any way pertaining to, the financing of acquiring lands and constructing and equipping buildings and improvements thereon. (B) In regard to the funds referred to in subdivision (7)(A) of this section, the board of trustees is authorized to take such action, comply with such terms and conditions, and execute such agreements as may be necessary to apply for, receive, pledge, or use such funds for the purposes specified in this subchapter or any other lawful purpose.

(A) Any funds received from the United States, or any department or agency thereof, pursuant to any act of the United States Congress, providing for grants or payments to educational institutions in connection with, or in any way pertaining to, the financing of acquiring lands and constructing and equipping buildings and improvements thereon.

(B) In regard to the funds referred to in subdivision (7)(A) of this section, the board of trustees is authorized to take such action, comply with such terms and conditions, and execute such agreements as may be necessary to apply for, receive, pledge, or use such funds for the purposes specified in this subchapter or any other lawful purpose.

Acts 1993, No. 374, § 5.
Ark. Code Ann. § 6-15-1305 — AR Code / Title 6 / Chapter 15 / Subchapter 13 / Section 6-15-1305
Advisory Board of the Arkansas Center for School Safety of the Criminal Justice Institute
Status: in_force

(a) There is established the Advisory Board of the Arkansas Center for School Safety of the Criminal Justice Institute. (b) (1) The board shall include the following members: (A) The Director of the Criminal Justice Institute; (B) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee; (C) The Executive Director of the Arkansas School Boards Association or his or her designee; (D) The Director of the Division of Emergency Management or his or her designee; (E) The Secretary of the Department of Education or his or her designee; (F) The Director of the Division of Public School Academic Facilities and Transportation or his or her designee; (G) The Executive Director of the Arkansas Public School Resource Center, Inc., or his or her designee; (H) One (1) director of an education service cooperative in this state; (I) One (1) chief of police; (J) One (1) county sheriff; (K) One (1) school resource officer; (L) One (1) school administrator; (M) One (1) school teacher; (N) One (1) school counselor; (O) One (1) school-focused mental health professional; and (P) One (1) citizen at-large. (2) (A) The Governor shall appoint the members of the board for a three-year term unless otherwise specified. (B) The term of a member of the board who serves by virtue of his or her office shall continue until the member vacates the office. (C) Terms for initial appointments shall be staggered, to the extent possible, so that an equal number of members shall rotate each year. Added by Act 2021, No. 648,§ 3, eff. 7/28/2021. Added by Act 2021, No. 620,§ 3, eff. 7/28/2021. This section was added by identical acts: Act 2021, No. 620and Act 2021, No. 648.

(a) There is established the Advisory Board of the Arkansas Center for School Safety of the Criminal Justice Institute.

(b) (1) The board shall include the following members: (A) The Director of the Criminal Justice Institute; (B) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee; (C) The Executive Director of the Arkansas School Boards Association or his or her designee; (D) The Director of the Division of Emergency Management or his or her designee; (E) The Secretary of the Department of Education or his or her designee; (F) The Director of the Division of Public School Academic Facilities and Transportation or his or her designee; (G) The Executive Director of the Arkansas Public School Resource Center, Inc., or his or her designee; (H) One (1) director of an education service cooperative in this state; (I) One (1) chief of police; (J) One (1) county sheriff; (K) One (1) school resource officer; (L) One (1) school administrator; (M) One (1) school teacher; (N) One (1) school counselor; (O) One (1) school-focused mental health professional; and (P) One (1) citizen at-large. (2) (A) The Governor shall appoint the members of the board for a three-year term unless otherwise specified. (B) The term of a member of the board who serves by virtue of his or her office shall continue until the member vacates the office. (C) Terms for initial appointments shall be staggered, to the extent possible, so that an equal number of members shall rotate each year.

(1) The board shall include the following members: (A) The Director of the Criminal Justice Institute; (B) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee; (C) The Executive Director of the Arkansas School Boards Association or his or her designee; (D) The Director of the Division of Emergency Management or his or her designee; (E) The Secretary of the Department of Education or his or her designee; (F) The Director of the Division of Public School Academic Facilities and Transportation or his or her designee; (G) The Executive Director of the Arkansas Public School Resource Center, Inc., or his or her designee; (H) One (1) director of an education service cooperative in this state; (I) One (1) chief of police; (J) One (1) county sheriff; (K) One (1) school resource officer; (L) One (1) school administrator; (M) One (1) school teacher; (N) One (1) school counselor; (O) One (1) school-focused mental health professional; and (P) One (1) citizen at-large.

(A) The Director of the Criminal Justice Institute;

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

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

(D) The Director of the Division of Emergency Management or his or her designee;

(E) The Secretary of the Department of Education or his or her designee;

(F) The Director of the Division of Public School Academic Facilities and Transportation or his or her designee;

(G) The Executive Director of the Arkansas Public School Resource Center, Inc., or his or her designee;

(H) One (1) director of an education service cooperative in this state;

(I) One (1) chief of police;

(J) One (1) county sheriff;

(K) One (1) school resource officer;

(L) One (1) school administrator;

(M) One (1) school teacher;

(N) One (1) school counselor;

(O) One (1) school-focused mental health professional; and

(P) One (1) citizen at-large.

(2) (A) The Governor shall appoint the members of the board for a three-year term unless otherwise specified. (B) The term of a member of the board who serves by virtue of his or her office shall continue until the member vacates the office. (C) Terms for initial appointments shall be staggered, to the extent possible, so that an equal number of members shall rotate each year.

(A) The Governor shall appoint the members of the board for a three-year term unless otherwise specified.

(B) The term of a member of the board who serves by virtue of his or her office shall continue until the member vacates the office.

(C) Terms for initial appointments shall be staggered, to the extent possible, so that an equal number of members shall rotate each year.

Added by Act 2021, No. 648,§ 3, eff. 7/28/2021.

Added by Act 2021, No. 620,§ 3, eff. 7/28/2021.

This section was added by identical acts: Act 2021, No. 620and Act 2021, No. 648.
Ark. Code Ann. § 6-11-125 — AR Code / Title 6 / Chapter 11 / Subchapter 1 / Section 6-11-125
Legislative intent regarding information technology
Status: in_force

The General Assembly finds that the State of Arkansas has provided the encouragement and the financial means to build a foundation for an information technology network linking local school districts and the Division of Elementary and Secondary Education. The General Assembly further finds that the amount of information that local school districts and their personnel are required to furnish the division, while essential, has become increasingly burdensome. The General Assembly therefore expresses its intent and commitment to ensuring that the division utilizes and continually upgrades to the fullest extent possible the information technology network linking the various school districts and the division. Amended by Act 2019, No. 315,§ 185, eff. 7/24/2019. Amended by Act 2019, No. 757,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1103, eff. 7/1/2019. Acts 1997, No. 249, §§ 1, 2; 1999, No. 1323, § 16.

The General Assembly finds that the State of Arkansas has provided the encouragement and the financial means to build a foundation for an information technology network linking local school districts and the Division of Elementary and Secondary Education. The General Assembly further finds that the amount of information that local school districts and their personnel are required to furnish the division, while essential, has become increasingly burdensome. The General Assembly therefore expresses its intent and commitment to ensuring that the division utilizes and continually upgrades to the fullest extent possible the information technology network linking the various school districts and the division.

Amended by Act 2019, No. 315,§ 185, eff. 7/24/2019.

Amended by Act 2019, No. 757,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1103, eff. 7/1/2019.

Acts 1997, No. 249, §§ 1, 2; 1999, No. 1323, § 16.
Ark. Code Ann. § 6-19-113 — AR Code / Title 6 / Chapter 19 / Section 6-19-113
Registration exemption for buses
Status: in_force

No school bus owned by a school district in this state shall be required to be registered under the motor vehicle registration laws of this state. Acts 1963, No. 528, § 1; A.S.A. 1947, § 80-1817.

No school bus owned by a school district in this state shall be required to be registered under the motor vehicle registration laws of this state.

Acts 1963, No. 528, § 1; A.S.A. 1947, § 80-1817.
Ark. Code Ann. § 6-17-414 — AR Code / Title 6 / Chapter 17 / Subchapter 4 / Section 6-17-414
Criminal records check as condition for initial employment of nonlicensed personnel - Definitions
Status: in_force

(a) (1) (A) (i) Except as provided in subdivision (a)(1)(C) of this section, the board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment in a nonlicensed staff position any person making application to apply to the Identification Bureau of the Division of Arkansas State Police for statewide and nationwide criminal records checks, the latter to be conducted by the Federal Bureau of Investigation. (ii) (a) Except as provided under subdivision (a)(1)(C) of this section, if a registered volunteer, as defined by § 6-22-103 , is in the process of obtaining a coaching certificate or will be working with students in an athletic coaching capacity, then the board of directors of the educational entity to which the individual is applying to be a registered volunteer shall require as a condition for the registered volunteer's unsupervised contact with students that the registered volunteer apply to the Identification Bureau of the of the Division of Arkansas State Police for statewide and nationwide criminal records checks. (b) A nationwide criminal records check conducted as required under subdivision (a)(1)(A)(ii) (a) of this section shall be conducted by the Federal Bureau of Investigation. (iii) The checks shall conform to the applicable federal standards and shall include the taking of fingerprints as required under § 6-17-417 . (iv) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may maintain these fingerprints in the automated fingerprint identification system. (B) (i) The person shall sign a release of information to the Division of Elementary and Secondary Education. (ii) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant or person applying to become a registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section shall be responsible for the payment of any fee associated with the criminal records checks. (C) (i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivisions (a)(1)(A) and (B) of this section for personnel or registered volunteers as described by subdivision (a)(1)(A)(ii) (a) of this section who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had complete criminal background checks conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in subdivision (a)(1)(C)(i) of this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment. (2) (A) Upon completion of the criminal records check, the Identification Bureau of the Division of Arkansas State Police shall forward all releasable information obtained concerning the person to the Division of Elementary and Secondary Education, which shall promptly inform the board of directors of the educational entity whether or not the applicant is eligible for employment as provided by subsection (b) of this section. (B) A sealed, expunged, or pardoned conviction shall not disqualify a person under this section if the conviction does not involve the physical or sexual injury, mistreatment, or abuse of another. (3) (A) The board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment of all nonlicensed personnel and registered volunteers as described by subdivision (a)(1)(A)(ii) (a) of this section a Child Maltreatment Central Registry check by the Department of Human Services. (B) The applicant shall sign a release of information to the Division of Elementary and Secondary Education and shall be responsible for the payment of any fee associated with the Child Maltreatment Central Registry check. (C) The department shall forward all releasable information concerning the applicant to the Division of Elementary and Secondary Education upon completion of the Child Maltreatment Central Registry check. (b) A person, including without limitation nonlicensed persons who provide services as a substitute teacher, shall not be eligible for employment, whether initial employment, reemployment, or continued employment, by an educational entity in a nonlicensed staff position or as a registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section if the person has a true report in the Child Maltreatment Central Registry or has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by a court in the State of Arkansas or of any similar offense by a court in another state or by a federal court: (1) Capital murder as prohibited in § 5-10-101 ; (2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (3) Manslaughter as prohibited in § 5-10-104 ; (4) Battery in the first degree as prohibited in § 5-13-201 and battery in the second degree as prohibited in § 5-13-202 ; (5) Aggravated assault as prohibited in § 5-13-204 , and assault in the first degree as prohibited by § 5-13-205 ; (6) Terroristic threatening in the first degree as prohibited in § 5-13-301 ; (7) Kidnapping as prohibited in § 5-11-102 ; (8) Rape as prohibited in § 5-14-103 ; (9) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ; (10) Incest as prohibited in § 5-26-202 ; (11) A violation of the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq., or the use of a child in a sexual performance as prohibited by §§ 5-27-402 and 5-27-403 ; (12) Distribution to minors as prohibited in § 5-64-406 ; (13) Any felony in violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (14) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 , to commit any of the offenses listed in this subsection; (15) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony; (16) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 , or endangering the welfare of a minor in the second degree as prohibited by § 5-27-206 ; (17) False imprisonment in the first degree as prohibited in § 5-11-103 ; (18) Permanent detention or restraint as prohibited in § 5-11-106 ; (19) Permitting abuse of a child as prohibited in § 5-27-221(a) ; (20) Negligent homicide as prohibited by § 5-10-105(a) ; (21) Coercion as prohibited by § 5-13-208 ; (22) Public sexual indecency as prohibited by § 5-14-111 ; (23) Indecent exposure as prohibited by § 5-14-112 ; (24) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ; (25) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ; (26) Felony theft as prohibited in §§ 5-36-103 - 5-36-106 and 5-36-202 ; (27) Robbery as prohibited by §§ 5-12-102 and 5-12-103 ; (28) Breaking or entering as prohibited by § 5-39-202 ; (29) Burglary as prohibited by § 5-39-201 and aggravated residential burglary as prohibited by § 5-39-204 ; (30) Forgery as prohibited by § 5-37-201 ; (31) Video voyeurism as prohibited by § 5-16-101 , and voyeurism as prohibited under § 5-16-102 ; (32) Domestic battering in the first degree as prohibited by § 5-26-303 ; (33) Domestic battering in the second degree as prohibited by § 5-26-304 ; (34) Felony violation of an order of protection as prohibited by § 5-53-134 ; (35) Prostitution as prohibited by § 5-70-102 ; (36) Sexual solicitation as prohibited by § 5-70-103 ; (37) Promoting prostitution in the first degree as prohibited by § 5-70-104 ; (38) Promoting prostitution in the second degree as prohibited by § 5-70-105 ; (39) Stalking as prohibited by § 5-71-229 ; (40) Failure to notify by a mandated reporter in the first degree as prohibited by § 12-18-201 ; (41) Any felony not listed in this subsection and involving physical or sexual injury, mistreatment, or abuse against another person; (42) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (43) Sexual extortion, § 5-14-113 ; (44) Failure to comply with the registration and reporting requirements of § 12-12-904 ; (45) Trafficking of a person as prohibited by § 5-18-103 ; (46) Patronizing a victim of human trafficking as prohibited by § 5-18-104 ; (47) Aggravated assault on a family member or household member as prohibited member as prohibited by § 5-26-306 ; and (48) Computer crimes against a minor as prohibited by § 5-27-601 et seq. (c) However, the board of directors of an educational entity is authorized to offer provisional employment to an applicant pending notification of eligibility information from the Division of Elementary and Secondary Education, which may be provided in an electronic format. (d) (1) Any information received by the Division of Elementary and Secondary Education from the Identification Bureau of the Division of Arkansas State Police or the department pursuant to this section shall not be available for examination except by the affected applicant for employment, the registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section, or his or her duly authorized representative, and a record, file, or document shall not be removed from the custody of the Division of Elementary and Secondary Education. (2) Any information made available to the affected applicant or registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section for employment shall be information pertaining to that applicant only. (3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (e) The State Board of Education shall determine that an applicant for employment with an educational entity in a nonlicensed staff position is ineligible for employment if the applicant: (1) Is required to pass an examination as a requirement of his or her position and the applicant's completed examination test score was declared invalid because of the applicant's improper conduct; (2) Has a sealed, an expunged, or a pardoned conviction for any sexual or physical abuse offense committed against a child or any offense listed in subsection (b) of this section; (3) Is subject to the provisions of § 12-12-905 ; (4) Knowingly submits or provides false or misleading information or knowingly fails to submit or provide information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit; (5) Knowingly falsifies or directs another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period; (6) Has a true report in the Child Maltreatment Central Registry; or (7) Has an involuntary commitment for a physical or mental illness that endangers the health, safety, welfare, or education of a student, as determined by a licensed health professional, until the person provides documentation from a licensed health professional of treatment of the physical or mental illness and the person's current fitness. (f) (1) The superintendent or director of an educational entity or a third-party vendor shall report to the state board the name of any person currently employed by the educational entity who has: (A) Pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (b) of this section; (B) Been arrested or charged with any felony or misdemeanor listed in subsection (b) of this section; (C) Intentionally compromised the validity or security of any student test or testing program administered or required by the Division of Elementary and Secondary Education; (D) Knowingly submitted falsified information or failed to submit information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit; or (E) A true report in the Child Maltreatment Central Registry. (2) The failure of a superintendent or director to report information as required by this subsection may result in sanctions imposed by the state board. (3) (A) If an arrest or charge is reported in accordance with subdivision (f)(1)(B) of this section, the Division of Elementary and Secondary Education shall indicate in the Arkansas Educator Licensure System that the person's employment eligibility is pending or under review. (B) When a person's criminal case is resolved, the person's eligibility status shall be updated in accordance with Division of Elementary and Secondary Education rules. (g) (1) (A) The board of directors of an educational entity shall provide a written notice to an applicant and shall afford the applicant the opportunity to request a waiver if the applicant for a nonlicensed staff position has been determined ineligible for employment because the applicant: (i) Has a true report in the Child Maltreatment Central Registry; or (ii) Has pled guilty or nolo contendere to, has been found guilty of, or has an expunged or a pardoned conviction for a sexual or physical abuse offense committed against a child or an offense listed in subsection (b) of this section. (B) If the applicant under this subsection is contracted through an outside vendor, the educational entity may afford the applicant the opportunity to request a waiver. (2) The waiver shall be requested no more than thirty (30) days after receipt of the notice of the denial of employment. (3) The waiver may be requested by: (A) The hiring official; (B) The affected applicant; or (C) The person subject to dismissal. (4) Circumstances for which a waiver may be granted shall include without limitation the following: (A) The age at which the incident was committed; (B) The circumstances surrounding the incident; (C) The length of time since the incident; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel. (5) (A) The board of directors of the educational entity may grant the waiver by adoption of a written resolution identifying the applicant by name and listing the specific facts and circumstances for which the waiver is being granted. (B) After adopting a resolution granting a waiver, the board of directors of an educational entity shall immediately provide a copy of the resolution and waiver request to the Division of Elementary and Secondary Education. (C) The resolution and waiver request are public records subject to the provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq. (6) A waiver request may be discussed and acted upon by the board of directors of an educational entity only in an open public meeting and not in an executive session. (h) As used in this section: (1) "Educational entity" means: (A) The Division of Elementary and Secondary Education; or (B) An entity that is identified by the Division of Elementary and Secondary Education as a local education agency, except that for a public school operated by a school district the school district is the educational entity; and (2) "Nonlicensed staff position" includes a: (A) Parental monitor on a school bus as permitted under § 6-19-127 ; (B) Staff person for which the nonlicensed person is either paid directly by the educational entity or by an outside vendor under contract with the educational entity to staff the position; and (C) Designated employee position with the Division of Elementary and Secondary Education. (i) The state board shall adopt the necessary rules to implement this section. Amended by Act 2023, No. 792,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 792,§ 2A, eff. 8/1/2023. Amended by Act 2023, No. 792,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 619,§ 10, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 237,§ 24, eff. 3/8/2023. Amended by Act 2019, No. 536,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 536,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 536,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 536,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 536,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1414, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1413, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1412, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1411, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1410, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1409, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1408, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1407, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1406, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1405, eff. 7/1/2019. Amended by Act 2017, No. 746,§ 9, eff. 8/1/2017. Amended by Act 2017, No. 746,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 746,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 746,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 746,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 664,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 8, eff. 8/1/2017. Amended by Act 2015, No. 1263,§ 21, eff. 7/22/2015. Amended by Act 2015, No. 1089,§ 11, eff. 7/22/2015. Amended by Act 2015, No. 1089,§ 10, eff. 7/22/2015. Amended by Act 2015, No. 1089,§ 9, eff. 7/22/2015. Amended by Act 2015, No. 1089,§ 8, eff. 7/22/2015. Amended by Act 2013, No. 455,§ 3, eff. 8/16/2013. Acts 1997, No. 1314, § 1; 2003, No. 42, § 2; 2003, No. 1087, § 10; 2003, No. 1387, § 1; 2003 (2nd Ex. Sess.), No. 103, § 1; 2005, No. 2151, § 7; 2007, No. 823, § 1; 2007, No. 1573, § 24; 2009, No. 376, § 25; 2009, No. 1173, §§ 13-17; 2011, No. 984, § 2.

(a) (1) (A) (i) Except as provided in subdivision (a)(1)(C) of this section, the board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment in a nonlicensed staff position any person making application to apply to the Identification Bureau of the Division of Arkansas State Police for statewide and nationwide criminal records checks, the latter to be conducted by the Federal Bureau of Investigation. (ii) (a) Except as provided under subdivision (a)(1)(C) of this section, if a registered volunteer, as defined by § 6-22-103 , is in the process of obtaining a coaching certificate or will be working with students in an athletic coaching capacity, then the board of directors of the educational entity to which the individual is applying to be a registered volunteer shall require as a condition for the registered volunteer's unsupervised contact with students that the registered volunteer apply to the Identification Bureau of the of the Division of Arkansas State Police for statewide and nationwide criminal records checks. (b) A nationwide criminal records check conducted as required under subdivision (a)(1)(A)(ii) (a) of this section shall be conducted by the Federal Bureau of Investigation. (iii) The checks shall conform to the applicable federal standards and shall include the taking of fingerprints as required under § 6-17-417 . (iv) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may maintain these fingerprints in the automated fingerprint identification system. (B) (i) The person shall sign a release of information to the Division of Elementary and Secondary Education. (ii) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant or person applying to become a registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section shall be responsible for the payment of any fee associated with the criminal records checks. (C) (i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivisions (a)(1)(A) and (B) of this section for personnel or registered volunteers as described by subdivision (a)(1)(A)(ii) (a) of this section who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had complete criminal background checks conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in subdivision (a)(1)(C)(i) of this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment. (2) (A) Upon completion of the criminal records check, the Identification Bureau of the Division of Arkansas State Police shall forward all releasable information obtained concerning the person to the Division of Elementary and Secondary Education, which shall promptly inform the board of directors of the educational entity whether or not the applicant is eligible for employment as provided by subsection (b) of this section. (B) A sealed, expunged, or pardoned conviction shall not disqualify a person under this section if the conviction does not involve the physical or sexual injury, mistreatment, or abuse of another. (3) (A) The board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment of all nonlicensed personnel and registered volunteers as described by subdivision (a)(1)(A)(ii) (a) of this section a Child Maltreatment Central Registry check by the Department of Human Services. (B) The applicant shall sign a release of information to the Division of Elementary and Secondary Education and shall be responsible for the payment of any fee associated with the Child Maltreatment Central Registry check. (C) The department shall forward all releasable information concerning the applicant to the Division of Elementary and Secondary Education upon completion of the Child Maltreatment Central Registry check.

(1) (A) (i) Except as provided in subdivision (a)(1)(C) of this section, the board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment in a nonlicensed staff position any person making application to apply to the Identification Bureau of the Division of Arkansas State Police for statewide and nationwide criminal records checks, the latter to be conducted by the Federal Bureau of Investigation. (ii) (a) Except as provided under subdivision (a)(1)(C) of this section, if a registered volunteer, as defined by § 6-22-103 , is in the process of obtaining a coaching certificate or will be working with students in an athletic coaching capacity, then the board of directors of the educational entity to which the individual is applying to be a registered volunteer shall require as a condition for the registered volunteer's unsupervised contact with students that the registered volunteer apply to the Identification Bureau of the of the Division of Arkansas State Police for statewide and nationwide criminal records checks. (b) A nationwide criminal records check conducted as required under subdivision (a)(1)(A)(ii) (a) of this section shall be conducted by the Federal Bureau of Investigation. (iii) The checks shall conform to the applicable federal standards and shall include the taking of fingerprints as required under § 6-17-417 . (iv) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may maintain these fingerprints in the automated fingerprint identification system. (B) (i) The person shall sign a release of information to the Division of Elementary and Secondary Education. (ii) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant or person applying to become a registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section shall be responsible for the payment of any fee associated with the criminal records checks. (C) (i) The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivisions (a)(1)(A) and (B) of this section for personnel or registered volunteers as described by subdivision (a)(1)(A)(ii) (a) of this section who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had complete criminal background checks conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in subdivision (a)(1)(C)(i) of this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment.

(A) (i) Except as provided in subdivision (a)(1)(C) of this section, the board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment in a nonlicensed staff position any person making application to apply to the Identification Bureau of the Division of Arkansas State Police for statewide and nationwide criminal records checks, the latter to be conducted by the Federal Bureau of Investigation. (ii) (a) Except as provided under subdivision (a)(1)(C) of this section, if a registered volunteer, as defined by § 6-22-103 , is in the process of obtaining a coaching certificate or will be working with students in an athletic coaching capacity, then the board of directors of the educational entity to which the individual is applying to be a registered volunteer shall require as a condition for the registered volunteer's unsupervised contact with students that the registered volunteer apply to the Identification Bureau of the of the Division of Arkansas State Police for statewide and nationwide criminal records checks. (b) A nationwide criminal records check conducted as required under subdivision (a)(1)(A)(ii) (a) of this section shall be conducted by the Federal Bureau of Investigation. (iii) The checks shall conform to the applicable federal standards and shall include the taking of fingerprints as required under § 6-17-417 . (iv) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may maintain these fingerprints in the automated fingerprint identification system.

(i) Except as provided in subdivision (a)(1)(C) of this section, the board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment in a nonlicensed staff position any person making application to apply to the Identification Bureau of the Division of Arkansas State Police for statewide and nationwide criminal records checks, the latter to be conducted by the Federal Bureau of Investigation.

(ii) (a) Except as provided under subdivision (a)(1)(C) of this section, if a registered volunteer, as defined by § 6-22-103 , is in the process of obtaining a coaching certificate or will be working with students in an athletic coaching capacity, then the board of directors of the educational entity to which the individual is applying to be a registered volunteer shall require as a condition for the registered volunteer's unsupervised contact with students that the registered volunteer apply to the Identification Bureau of the of the Division of Arkansas State Police for statewide and nationwide criminal records checks. (b) A nationwide criminal records check conducted as required under subdivision (a)(1)(A)(ii) (a) of this section shall be conducted by the Federal Bureau of Investigation.

(a) Except as provided under subdivision (a)(1)(C) of this section, if a registered volunteer, as defined by § 6-22-103 , is in the process of obtaining a coaching certificate or will be working with students in an athletic coaching capacity, then the board of directors of the educational entity to which the individual is applying to be a registered volunteer shall require as a condition for the registered volunteer's unsupervised contact with students that the registered volunteer apply to the Identification Bureau of the of the Division of Arkansas State Police for statewide and nationwide criminal records checks.

(b) A nationwide criminal records check conducted as required under subdivision (a)(1)(A)(ii) (a) of this section shall be conducted by the Federal Bureau of Investigation.

(iii) The checks shall conform to the applicable federal standards and shall include the taking of fingerprints as required under § 6-17-417 .

(iv) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may maintain these fingerprints in the automated fingerprint identification system.

(B) (i) The person shall sign a release of information to the Division of Elementary and Secondary Education. (ii) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant or person applying to become a registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section shall be responsible for the payment of any fee associated with the criminal records checks.

(i) The person shall sign a release of information to the Division of Elementary and Secondary Education.

(ii) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant or person applying to become a registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section shall be responsible for the payment of any fee associated with the criminal records checks.

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

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

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

(2) (A) Upon completion of the criminal records check, the Identification Bureau of the Division of Arkansas State Police shall forward all releasable information obtained concerning the person to the Division of Elementary and Secondary Education, which shall promptly inform the board of directors of the educational entity whether or not the applicant is eligible for employment as provided by subsection (b) of this section. (B) A sealed, expunged, or pardoned conviction shall not disqualify a person under this section if the conviction does not involve the physical or sexual injury, mistreatment, or abuse of another.

(A) Upon completion of the criminal records check, the Identification Bureau of the Division of Arkansas State Police shall forward all releasable information obtained concerning the person to the Division of Elementary and Secondary Education, which shall promptly inform the board of directors of the educational entity whether or not the applicant is eligible for employment as provided by subsection (b) of this section.

(B) A sealed, expunged, or pardoned conviction shall not disqualify a person under this section if the conviction does not involve the physical or sexual injury, mistreatment, or abuse of another.

(3) (A) The board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment of all nonlicensed personnel and registered volunteers as described by subdivision (a)(1)(A)(ii) (a) of this section a Child Maltreatment Central Registry check by the Department of Human Services. (B) The applicant shall sign a release of information to the Division of Elementary and Secondary Education and shall be responsible for the payment of any fee associated with the Child Maltreatment Central Registry check. (C) The department shall forward all releasable information concerning the applicant to the Division of Elementary and Secondary Education upon completion of the Child Maltreatment Central Registry check.

(A) The board of directors of an educational entity shall require as a condition for initial employment or noncontinuous reemployment of all nonlicensed personnel and registered volunteers as described by subdivision (a)(1)(A)(ii) (a) of this section a Child Maltreatment Central Registry check by the Department of Human Services.

(B) The applicant shall sign a release of information to the Division of Elementary and Secondary Education and shall be responsible for the payment of any fee associated with the Child Maltreatment Central Registry check.

(C) The department shall forward all releasable information concerning the applicant to the Division of Elementary and Secondary Education upon completion of the Child Maltreatment Central Registry check.

(b) A person, including without limitation nonlicensed persons who provide services as a substitute teacher, shall not be eligible for employment, whether initial employment, reemployment, or continued employment, by an educational entity in a nonlicensed staff position or as a registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section if the person has a true report in the Child Maltreatment Central Registry or has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by a court in the State of Arkansas or of any similar offense by a court in another state or by a federal court: (1) Capital murder as prohibited in § 5-10-101 ; (2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (3) Manslaughter as prohibited in § 5-10-104 ; (4) Battery in the first degree as prohibited in § 5-13-201 and battery in the second degree as prohibited in § 5-13-202 ; (5) Aggravated assault as prohibited in § 5-13-204 , and assault in the first degree as prohibited by § 5-13-205 ; (6) Terroristic threatening in the first degree as prohibited in § 5-13-301 ; (7) Kidnapping as prohibited in § 5-11-102 ; (8) Rape as prohibited in § 5-14-103 ; (9) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ; (10) Incest as prohibited in § 5-26-202 ; (11) A violation of the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq., or the use of a child in a sexual performance as prohibited by §§ 5-27-402 and 5-27-403 ; (12) Distribution to minors as prohibited in § 5-64-406 ; (13) Any felony in violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (14) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 , to commit any of the offenses listed in this subsection; (15) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony; (16) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 , or endangering the welfare of a minor in the second degree as prohibited by § 5-27-206 ; (17) False imprisonment in the first degree as prohibited in § 5-11-103 ; (18) Permanent detention or restraint as prohibited in § 5-11-106 ; (19) Permitting abuse of a child as prohibited in § 5-27-221(a) ; (20) Negligent homicide as prohibited by § 5-10-105(a) ; (21) Coercion as prohibited by § 5-13-208 ; (22) Public sexual indecency as prohibited by § 5-14-111 ; (23) Indecent exposure as prohibited by § 5-14-112 ; (24) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ; (25) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ; (26) Felony theft as prohibited in §§ 5-36-103 - 5-36-106 and 5-36-202 ; (27) Robbery as prohibited by §§ 5-12-102 and 5-12-103 ; (28) Breaking or entering as prohibited by § 5-39-202 ; (29) Burglary as prohibited by § 5-39-201 and aggravated residential burglary as prohibited by § 5-39-204 ; (30) Forgery as prohibited by § 5-37-201 ; (31) Video voyeurism as prohibited by § 5-16-101 , and voyeurism as prohibited under § 5-16-102 ; (32) Domestic battering in the first degree as prohibited by § 5-26-303 ; (33) Domestic battering in the second degree as prohibited by § 5-26-304 ; (34) Felony violation of an order of protection as prohibited by § 5-53-134 ; (35) Prostitution as prohibited by § 5-70-102 ; (36) Sexual solicitation as prohibited by § 5-70-103 ; (37) Promoting prostitution in the first degree as prohibited by § 5-70-104 ; (38) Promoting prostitution in the second degree as prohibited by § 5-70-105 ; (39) Stalking as prohibited by § 5-71-229 ; (40) Failure to notify by a mandated reporter in the first degree as prohibited by § 12-18-201 ; (41) Any felony not listed in this subsection and involving physical or sexual injury, mistreatment, or abuse against another person; (42) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; (43) Sexual extortion, § 5-14-113 ; (44) Failure to comply with the registration and reporting requirements of § 12-12-904 ; (45) Trafficking of a person as prohibited by § 5-18-103 ; (46) Patronizing a victim of human trafficking as prohibited by § 5-18-104 ; (47) Aggravated assault on a family member or household member as prohibited member as prohibited by § 5-26-306 ; and (48) Computer crimes against a minor as prohibited by § 5-27-601 et seq.

(1) Capital murder as prohibited in § 5-10-101 ;

(2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ;

(3) Manslaughter as prohibited in § 5-10-104 ;

(4) Battery in the first degree as prohibited in § 5-13-201 and battery in the second degree as prohibited in § 5-13-202 ;

(5) Aggravated assault as prohibited in § 5-13-204 , and assault in the first degree as prohibited by § 5-13-205 ;

(6) Terroristic threatening in the first degree as prohibited in § 5-13-301 ;

(7) Kidnapping as prohibited in § 5-11-102 ;

(8) Rape as prohibited in § 5-14-103 ;

(9) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ;

(10) Incest as prohibited in § 5-26-202 ;

(11) A violation of the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq., or the use of a child in a sexual performance as prohibited by §§ 5-27-402 and 5-27-403 ;

(12) Distribution to minors as prohibited in § 5-64-406 ;

(13) Any felony in violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.;

(14) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 , to commit any of the offenses listed in this subsection;

(15) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony;

(16) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 , or endangering the welfare of a minor in the second degree as prohibited by § 5-27-206 ;

(17) False imprisonment in the first degree as prohibited in § 5-11-103 ;

(18) Permanent detention or restraint as prohibited in § 5-11-106 ;

(19) Permitting abuse of a child as prohibited in § 5-27-221(a) ;

(20) Negligent homicide as prohibited by § 5-10-105(a) ;

(21) Coercion as prohibited by § 5-13-208 ;

(22) Public sexual indecency as prohibited by § 5-14-111 ;

(23) Indecent exposure as prohibited by § 5-14-112 ;

(24) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ;

(25) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ;

(26) Felony theft as prohibited in §§ 5-36-103 - 5-36-106 and 5-36-202 ;

(27) Robbery as prohibited by §§ 5-12-102 and 5-12-103 ;

(28) Breaking or entering as prohibited by § 5-39-202 ;

(29) Burglary as prohibited by § 5-39-201 and aggravated residential burglary as prohibited by § 5-39-204 ;

(30) Forgery as prohibited by § 5-37-201 ;

(31) Video voyeurism as prohibited by § 5-16-101 , and voyeurism as prohibited under § 5-16-102 ;

(32) Domestic battering in the first degree as prohibited by § 5-26-303 ;

(33) Domestic battering in the second degree as prohibited by § 5-26-304 ;

(34) Felony violation of an order of protection as prohibited by § 5-53-134 ;

(35) Prostitution as prohibited by § 5-70-102 ;

(36) Sexual solicitation as prohibited by § 5-70-103 ;

(37) Promoting prostitution in the first degree as prohibited by § 5-70-104 ;

(38) Promoting prostitution in the second degree as prohibited by § 5-70-105 ;

(39) Stalking as prohibited by § 5-71-229 ;

(40) Failure to notify by a mandated reporter in the first degree as prohibited by § 12-18-201 ;

(41) Any felony not listed in this subsection and involving physical or sexual injury, mistreatment, or abuse against another person;

(42) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony;

(43) Sexual extortion, § 5-14-113 ;

(44) Failure to comply with the registration and reporting requirements of § 12-12-904 ;

(45) Trafficking of a person as prohibited by § 5-18-103 ;

(46) Patronizing a victim of human trafficking as prohibited by § 5-18-104 ;

(47) Aggravated assault on a family member or household member as prohibited member as prohibited by § 5-26-306 ; and

(48) Computer crimes against a minor as prohibited by § 5-27-601 et seq.

(c) However, the board of directors of an educational entity is authorized to offer provisional employment to an applicant pending notification of eligibility information from the Division of Elementary and Secondary Education, which may be provided in an electronic format.

(d) (1) Any information received by the Division of Elementary and Secondary Education from the Identification Bureau of the Division of Arkansas State Police or the department pursuant to this section shall not be available for examination except by the affected applicant for employment, the registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section, or his or her duly authorized representative, and a record, file, or document shall not be removed from the custody of the Division of Elementary and Secondary Education. (2) Any information made available to the affected applicant or registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section for employment shall be information pertaining to that applicant only. (3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.

(1) Any information received by the Division of Elementary and Secondary Education from the Identification Bureau of the Division of Arkansas State Police or the department pursuant to this section shall not be available for examination except by the affected applicant for employment, the registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section, or his or her duly authorized representative, and a record, file, or document shall not be removed from the custody of the Division of Elementary and Secondary Education.

(2) Any information made available to the affected applicant or registered volunteer as described by subdivision (a)(1)(A)(ii) (a) of this section for employment shall be information pertaining to that applicant only.

(3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.

(e) The State Board of Education shall determine that an applicant for employment with an educational entity in a nonlicensed staff position is ineligible for employment if the applicant: (1) Is required to pass an examination as a requirement of his or her position and the applicant's completed examination test score was declared invalid because of the applicant's improper conduct; (2) Has a sealed, an expunged, or a pardoned conviction for any sexual or physical abuse offense committed against a child or any offense listed in subsection (b) of this section; (3) Is subject to the provisions of § 12-12-905 ; (4) Knowingly submits or provides false or misleading information or knowingly fails to submit or provide information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit; (5) Knowingly falsifies or directs another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period; (6) Has a true report in the Child Maltreatment Central Registry; or (7) Has an involuntary commitment for a physical or mental illness that endangers the health, safety, welfare, or education of a student, as determined by a licensed health professional, until the person provides documentation from a licensed health professional of treatment of the physical or mental illness and the person's current fitness.

(1) Is required to pass an examination as a requirement of his or her position and the applicant's completed examination test score was declared invalid because of the applicant's improper conduct;

(2) Has a sealed, an expunged, or a pardoned conviction for any sexual or physical abuse offense committed against a child or any offense listed in subsection (b) of this section;

(3) Is subject to the provisions of § 12-12-905 ;

(4) Knowingly submits or provides false or misleading information or knowingly fails to submit or provide information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit;

(5) Knowingly falsifies or directs another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period;

(6) Has a true report in the Child Maltreatment Central Registry; or

(7) Has an involuntary commitment for a physical or mental illness that endangers the health, safety, welfare, or education of a student, as determined by a licensed health professional, until the person provides documentation from a licensed health professional of treatment of the physical or mental illness and the person's current fitness.

(f) (1) The superintendent or director of an educational entity or a third-party vendor shall report to the state board the name of any person currently employed by the educational entity who has: (A) Pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (b) of this section; (B) Been arrested or charged with any felony or misdemeanor listed in subsection (b) of this section; (C) Intentionally compromised the validity or security of any student test or testing program administered or required by the Division of Elementary and Secondary Education; (D) Knowingly submitted falsified information or failed to submit information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit; or (E) A true report in the Child Maltreatment Central Registry. (2) The failure of a superintendent or director to report information as required by this subsection may result in sanctions imposed by the state board. (3) (A) If an arrest or charge is reported in accordance with subdivision (f)(1)(B) of this section, the Division of Elementary and Secondary Education shall indicate in the Arkansas Educator Licensure System that the person's employment eligibility is pending or under review. (B) When a person's criminal case is resolved, the person's eligibility status shall be updated in accordance with Division of Elementary and Secondary Education rules.

(1) The superintendent or director of an educational entity or a third-party vendor shall report to the state board the name of any person currently employed by the educational entity who has: (A) Pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (b) of this section; (B) Been arrested or charged with any felony or misdemeanor listed in subsection (b) of this section; (C) Intentionally compromised the validity or security of any student test or testing program administered or required by the Division of Elementary and Secondary Education; (D) Knowingly submitted falsified information or failed to submit information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit; or (E) A true report in the Child Maltreatment Central Registry.

(A) Pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (b) of this section;

(B) Been arrested or charged with any felony or misdemeanor listed in subsection (b) of this section;

(C) Intentionally compromised the validity or security of any student test or testing program administered or required by the Division of Elementary and Secondary Education;

(D) Knowingly submitted falsified information or failed to submit information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit; or

(E) A true report in the Child Maltreatment Central Registry.

(2) The failure of a superintendent or director to report information as required by this subsection may result in sanctions imposed by the state board.

(3) (A) If an arrest or charge is reported in accordance with subdivision (f)(1)(B) of this section, the Division of Elementary and Secondary Education shall indicate in the Arkansas Educator Licensure System that the person's employment eligibility is pending or under review. (B) When a person's criminal case is resolved, the person's eligibility status shall be updated in accordance with Division of Elementary and Secondary Education rules.

(A) If an arrest or charge is reported in accordance with subdivision (f)(1)(B) of this section, the Division of Elementary and Secondary Education shall indicate in the Arkansas Educator Licensure System that the person's employment eligibility is pending or under review.

(B) When a person's criminal case is resolved, the person's eligibility status shall be updated in accordance with Division of Elementary and Secondary Education rules.

(g) (1) (A) The board of directors of an educational entity shall provide a written notice to an applicant and shall afford the applicant the opportunity to request a waiver if the applicant for a nonlicensed staff position has been determined ineligible for employment because the applicant: (i) Has a true report in the Child Maltreatment Central Registry; or (ii) Has pled guilty or nolo contendere to, has been found guilty of, or has an expunged or a pardoned conviction for a sexual or physical abuse offense committed against a child or an offense listed in subsection (b) of this section. (B) If the applicant under this subsection is contracted through an outside vendor, the educational entity may afford the applicant the opportunity to request a waiver. (2) The waiver shall be requested no more than thirty (30) days after receipt of the notice of the denial of employment. (3) The waiver may be requested by: (A) The hiring official; (B) The affected applicant; or (C) The person subject to dismissal. (4) Circumstances for which a waiver may be granted shall include without limitation the following: (A) The age at which the incident was committed; (B) The circumstances surrounding the incident; (C) The length of time since the incident; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel. (5) (A) The board of directors of the educational entity may grant the waiver by adoption of a written resolution identifying the applicant by name and listing the specific facts and circumstances for which the waiver is being granted. (B) After adopting a resolution granting a waiver, the board of directors of an educational entity shall immediately provide a copy of the resolution and waiver request to the Division of Elementary and Secondary Education. (C) The resolution and waiver request are public records subject to the provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq. (6) A waiver request may be discussed and acted upon by the board of directors of an educational entity only in an open public meeting and not in an executive session.

(1) (A) The board of directors of an educational entity shall provide a written notice to an applicant and shall afford the applicant the opportunity to request a waiver if the applicant for a nonlicensed staff position has been determined ineligible for employment because the applicant: (i) Has a true report in the Child Maltreatment Central Registry; or (ii) Has pled guilty or nolo contendere to, has been found guilty of, or has an expunged or a pardoned conviction for a sexual or physical abuse offense committed against a child or an offense listed in subsection (b) of this section. (B) If the applicant under this subsection is contracted through an outside vendor, the educational entity may afford the applicant the opportunity to request a waiver.

(A) The board of directors of an educational entity shall provide a written notice to an applicant and shall afford the applicant the opportunity to request a waiver if the applicant for a nonlicensed staff position has been determined ineligible for employment because the applicant: (i) Has a true report in the Child Maltreatment Central Registry; or (ii) Has pled guilty or nolo contendere to, has been found guilty of, or has an expunged or a pardoned conviction for a sexual or physical abuse offense committed against a child or an offense listed in subsection (b) of this section.

(i) Has a true report in the Child Maltreatment Central Registry; or

(ii) Has pled guilty or nolo contendere to, has been found guilty of, or has an expunged or a pardoned conviction for a sexual or physical abuse offense committed against a child or an offense listed in subsection (b) of this section.

(B) If the applicant under this subsection is contracted through an outside vendor, the educational entity may afford the applicant the opportunity to request a waiver.

(2) The waiver shall be requested no more than thirty (30) days after receipt of the notice of the denial of employment.

(3) The waiver may be requested by: (A) The hiring official; (B) The affected applicant; or (C) The person subject to dismissal.

(A) The hiring official;

(B) The affected applicant; or

(C) The person subject to dismissal.

(4) Circumstances for which a waiver may be granted shall include without limitation the following: (A) The age at which the incident was committed; (B) The circumstances surrounding the incident; (C) The length of time since the incident; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel.

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

(B) The circumstances surrounding the incident;

(C) The length of time since the incident;

(D) Subsequent work history;

(E) Employment references;

(F) Character references; and

(G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel.

(5) (A) The board of directors of the educational entity may grant the waiver by adoption of a written resolution identifying the applicant by name and listing the specific facts and circumstances for which the waiver is being granted. (B) After adopting a resolution granting a waiver, the board of directors of an educational entity shall immediately provide a copy of the resolution and waiver request to the Division of Elementary and Secondary Education. (C) The resolution and waiver request are public records subject to the provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(A) The board of directors of the educational entity may grant the waiver by adoption of a written resolution identifying the applicant by name and listing the specific facts and circumstances for which the waiver is being granted.

(B) After adopting a resolution granting a waiver, the board of directors of an educational entity shall immediately provide a copy of the resolution and waiver request to the Division of Elementary and Secondary Education.

(C) The resolution and waiver request are public records subject to the provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(6) A waiver request may be discussed and acted upon by the board of directors of an educational entity only in an open public meeting and not in an executive session.

(h) As used in this section: (1) "Educational entity" means: (A) The Division of Elementary and Secondary Education; or (B) An entity that is identified by the Division of Elementary and Secondary Education as a local education agency, except that for a public school operated by a school district the school district is the educational entity; and (2) "Nonlicensed staff position" includes a: (A) Parental monitor on a school bus as permitted under § 6-19-127 ; (B) Staff person for which the nonlicensed person is either paid directly by the educational entity or by an outside vendor under contract with the educational entity to staff the position; and (C) Designated employee position with the Division of Elementary and Secondary Education.

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

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

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

(2) "Nonlicensed staff position" includes a: (A) Parental monitor on a school bus as permitted under § 6-19-127 ; (B) Staff person for which the nonlicensed person is either paid directly by the educational entity or by an outside vendor under contract with the educational entity to staff the position; and (C) Designated employee position with the Division of Elementary and Secondary Education.

(A) Parental monitor on a school bus as permitted under § 6-19-127 ;

(B) Staff person for which the nonlicensed person is either paid directly by the educational entity or by an outside vendor under contract with the educational entity to staff the position; and

(C) Designated employee position with the Division of Elementary and Secondary Education.

(i) The state board shall adopt the necessary rules to implement this section.

Amended by Act 2023, No. 792,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 792,§ 2A, eff. 8/1/2023.

Amended by Act 2023, No. 792,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 619,§ 10, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 237,§ 24, eff. 3/8/2023.

Amended by Act 2019, No. 536,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 536,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 536,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 536,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 536,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1414, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1413, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1412, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1411, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1410, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1409, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1408, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1407, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1406, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1405, eff. 7/1/2019.

Amended by Act 2017, No. 746,§ 9, eff. 8/1/2017.

Amended by Act 2017, No. 746,§ 8, eff. 8/1/2017.

Amended by Act 2017, No. 746,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 746,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 746,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 664,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 8, eff. 8/1/2017.

Amended by Act 2015, No. 1263,§ 21, eff. 7/22/2015.

Amended by Act 2015, No. 1089,§ 11, eff. 7/22/2015.

Amended by Act 2015, No. 1089,§ 10, eff. 7/22/2015.

Amended by Act 2015, No. 1089,§ 9, eff. 7/22/2015.

Amended by Act 2015, No. 1089,§ 8, eff. 7/22/2015.

Amended by Act 2013, No. 455,§ 3, eff. 8/16/2013.

Acts 1997, No. 1314, § 1; 2003, No. 42, § 2; 2003, No. 1087, § 10; 2003, No. 1387, § 1; 2003 (2nd Ex. Sess.), No. 103, § 1; 2005, No. 2151, § 7; 2007, No. 823, § 1; 2007, No. 1573, § 24; 2009, No. 376, § 25; 2009, No. 1173, §§ 13-17; 2011, No. 984, § 2.
Ark. Code Ann. § 6-61-221 — AR Code / Title 6 / Chapter 61 / Subchapter 2 / Section 6-61-221
Reporting of graduates requiring postsecondary remediation
Status: in_force

(a) (1) The Division of Higher Education shall collect information necessary to prepare reports of college achievement of high school graduates from each state-supported institution of higher education. (2) The Division of Higher Education may contract with appropriate organizations for the preparation of the reports. (b) The Division of Higher Education and the Division of Public School Accountability shall work together to develop a compatible system of reporting the number of: (1) Students who required remediation during their first year of enrollment in a state-supported institution of higher education if the enrollment occurred within two (2) years of graduation from a secondary school in this state; (2) Students who required remediation and who graduated: (A) With a 3.0 or higher grade point average on a 4.0 scale; and (B) From a public high school after completing the minimum core of high school courses recommended for preparation for postsecondary education by the Arkansas Higher Education Coordinating Board and the State Board of Education pursuant to § 6-61-217 ; and (3) Attempts it takes a student to pass a postsecondary remedial course. (c) (1) The compilation report generated by the Division of Higher Education shall not include individual student information if the information is reported in a manner that would identify a particular student. (2) Any information gathered that identifies a particular student shall be confidential. (d) (1) The Division of Higher Education shall include the reports developed under this section annually in the Comprehensive Arkansas Higher Education Annual Report and provide an electronic copy to the: (A) Division of Elementary and Secondary Education; (B) Division of Career and Technical Education; (C) Arkansas Higher Education Coordinating Board; (D) Governor; (E) House Committee on Education; (F) Senate Committee on Education; (G) State Board of Education; and (H) School district administrators for each public high school. (2) The reports developed under this section shall be prepared on or before October 1 each year and include the cost of remediation for each state-supported institution of higher education, which shall be submitted to the Division of Higher Education according to standards developed by the Division of Higher Education and shall include for each state-supported institution of higher education: (A) The amount of institutional revenue spent on remediation; (B) The total general revenue subsidy spent on remediation; (C) The total institutional expenditure for remediation; and (D) The general revenue percentage of total expenditures for remediation. (3) The report required under this subsection shall be separate from the financial condition report required under § 6-61-222 . Amended by Act 2021, No. 79,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 256,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1972, eff. 7/1/2019. Acts 1991, No. 880, § 1; 1999, No. 508, § 4; 2009, No. 970, § 1; 2011, No. 696, § 2.

(a) (1) The Division of Higher Education shall collect information necessary to prepare reports of college achievement of high school graduates from each state-supported institution of higher education. (2) The Division of Higher Education may contract with appropriate organizations for the preparation of the reports.

(1) The Division of Higher Education shall collect information necessary to prepare reports of college achievement of high school graduates from each state-supported institution of higher education.

(2) The Division of Higher Education may contract with appropriate organizations for the preparation of the reports.

(b) The Division of Higher Education and the Division of Public School Accountability shall work together to develop a compatible system of reporting the number of: (1) Students who required remediation during their first year of enrollment in a state-supported institution of higher education if the enrollment occurred within two (2) years of graduation from a secondary school in this state; (2) Students who required remediation and who graduated: (A) With a 3.0 or higher grade point average on a 4.0 scale; and (B) From a public high school after completing the minimum core of high school courses recommended for preparation for postsecondary education by the Arkansas Higher Education Coordinating Board and the State Board of Education pursuant to § 6-61-217 ; and (3) Attempts it takes a student to pass a postsecondary remedial course.

(1) Students who required remediation during their first year of enrollment in a state-supported institution of higher education if the enrollment occurred within two (2) years of graduation from a secondary school in this state;

(2) Students who required remediation and who graduated: (A) With a 3.0 or higher grade point average on a 4.0 scale; and (B) From a public high school after completing the minimum core of high school courses recommended for preparation for postsecondary education by the Arkansas Higher Education Coordinating Board and the State Board of Education pursuant to § 6-61-217 ; and

(A) With a 3.0 or higher grade point average on a 4.0 scale; and

(B) From a public high school after completing the minimum core of high school courses recommended for preparation for postsecondary education by the Arkansas Higher Education Coordinating Board and the State Board of Education pursuant to § 6-61-217 ; and

(3) Attempts it takes a student to pass a postsecondary remedial course.

(c) (1) The compilation report generated by the Division of Higher Education shall not include individual student information if the information is reported in a manner that would identify a particular student. (2) Any information gathered that identifies a particular student shall be confidential.

(1) The compilation report generated by the Division of Higher Education shall not include individual student information if the information is reported in a manner that would identify a particular student.

(2) Any information gathered that identifies a particular student shall be confidential.

(d) (1) The Division of Higher Education shall include the reports developed under this section annually in the Comprehensive Arkansas Higher Education Annual Report and provide an electronic copy to the: (A) Division of Elementary and Secondary Education; (B) Division of Career and Technical Education; (C) Arkansas Higher Education Coordinating Board; (D) Governor; (E) House Committee on Education; (F) Senate Committee on Education; (G) State Board of Education; and (H) School district administrators for each public high school. (2) The reports developed under this section shall be prepared on or before October 1 each year and include the cost of remediation for each state-supported institution of higher education, which shall be submitted to the Division of Higher Education according to standards developed by the Division of Higher Education and shall include for each state-supported institution of higher education: (A) The amount of institutional revenue spent on remediation; (B) The total general revenue subsidy spent on remediation; (C) The total institutional expenditure for remediation; and (D) The general revenue percentage of total expenditures for remediation. (3) The report required under this subsection shall be separate from the financial condition report required under § 6-61-222 .

(1) The Division of Higher Education shall include the reports developed under this section annually in the Comprehensive Arkansas Higher Education Annual Report and provide an electronic copy to the: (A) Division of Elementary and Secondary Education; (B) Division of Career and Technical Education; (C) Arkansas Higher Education Coordinating Board; (D) Governor; (E) House Committee on Education; (F) Senate Committee on Education; (G) State Board of Education; and (H) School district administrators for each public high school.

(A) Division of Elementary and Secondary Education;

(B) Division of Career and Technical Education;

(C) Arkansas Higher Education Coordinating Board;

(D) Governor;

(E) House Committee on Education;

(F) Senate Committee on Education;

(G) State Board of Education; and

(H) School district administrators for each public high school.

(2) The reports developed under this section shall be prepared on or before October 1 each year and include the cost of remediation for each state-supported institution of higher education, which shall be submitted to the Division of Higher Education according to standards developed by the Division of Higher Education and shall include for each state-supported institution of higher education: (A) The amount of institutional revenue spent on remediation; (B) The total general revenue subsidy spent on remediation; (C) The total institutional expenditure for remediation; and (D) The general revenue percentage of total expenditures for remediation.

(A) The amount of institutional revenue spent on remediation;

(B) The total general revenue subsidy spent on remediation;

(C) The total institutional expenditure for remediation; and

(D) The general revenue percentage of total expenditures for remediation.

(3) The report required under this subsection shall be separate from the financial condition report required under § 6-61-222 .

Amended by Act 2021, No. 79,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 256,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1972, eff. 7/1/2019.

Acts 1991, No. 880, § 1; 1999, No. 508, § 4; 2009, No. 970, § 1; 2011, No. 696, § 2.
Ark. Code Ann. § 6-18-1007 — AR Code / Title 6 / Chapter 18 / Subchapter 10 / Section 6-18-1007
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 1565, eff. 7/1/2019. Repealed by Act 2019, No. 190,§ 3, eff. 7/24/2019. Acts 1993, No. 1313, § 38; 1995, No. 1196, § 29; 1997, No. 112, § 12; 1997, No. 1275, § 3; 1999, No. 391, § 14.

Amended by Act 2019, No. 910,§ 1565, eff. 7/1/2019.

Repealed by Act 2019, No. 190,§ 3, eff. 7/24/2019.

Acts 1993, No. 1313, § 38; 1995, No. 1196, § 29; 1997, No. 112, § 12; 1997, No. 1275, § 3; 1999, No. 391, § 14.
Ark. Code Ann. § 6-15-420 — AR Code / Title 6 / Chapter 15 / Subchapter 4 / Section 6-15-420
[Repealed]
Status: repealed

Repealed by Act 2017, No. 930,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1217,§ 10, eff. 7/22/2015. Amended by Act 2013, No. 1081,§ 6, eff. 4/11/2013. Acts 1999, No. 999, § 7; 2003, No. 1467, § 13; 2007, No. 1573, § 5.

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

Amended by Act 2015, No. 1217,§ 10, eff. 7/22/2015.

Amended by Act 2013, No. 1081,§ 6, eff. 4/11/2013.

Acts 1999, No. 999, § 7; 2003, No. 1467, § 13; 2007, No. 1573, § 5.
Ark. Code Ann. § 6-20-2609 — AR Code / Title 6 / Chapter 20 / Subchapter 26 / Section 6-20-2609
Proceeds of bonds
Status: in_force

(a) The proceeds from the sale of the bonds shall be deposited by the recipient thereof, as received, into trust funds either established in the State Treasury or into accounts established outside the State Treasury in the name of the Commission for Arkansas Public School Academic Facilities and Transportation to accomplish the purposes of this subchapter in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance the development of public school academic facilities projects. (b) (1) There is established as a trust fund in the State Treasury an account designated as the School Academic Facilities Financing Act of 2007 Bond Fund that is being created to provide for payment of all or a part of the debt service in connection with bonds issued under this subchapter. (2) (A) The Treasurer of State shall establish separate accounts and subaccounts within the fund to correspond to the applicable series of bonds. (B) In addition, there may be created in the State Treasury such other funds, accounts, or subaccounts as the commission may determine to be necessary to accomplish the purposes of this subchapter. (c) (1) All procedures and methods for the application of proceeds of any series of bonds to the financing of public school academic facilities project costs shall be set forth in writing. (2) The writings shall be maintained as a part of the records of the commission. (d) The proceeds from the sale of the bonds and any moneys in the bond fund may be invested and reinvested by the State Investing Office in any of the following: (1) Direct obligations of the United States of America, including obligations issued or held in book-entry form on the books of the United States Department of the Treasury or obligations that are unconditionally guaranteed as to principal and interest by the United States of America; (2) Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any agencies of the United States Government that are backed by the full faith and credit of the United States of America; (3) Senior debt obligations issued or guaranteed by agencies of the United States Government that are non full-faith and credit agencies; (4) Money market funds investing exclusively in the investments described in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section; (5) Certificates of deposit providing for deposits secured at all times by collateral described in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section if: (A) The certificates of deposit are issued by commercial banks whose deposits are insured by the Federal Deposit Insurance Corporation and whose collateral is held by a third party; and (B) The State Investing Office or its assigns have a perfected first security interest in the collateral; (6) Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation; (7) Bonds or notes issued by the state or any municipality, county, school district, community college district, or regional solid waste management district in the state or any agency or instrumentality of the state; (8) Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest rating categories of a nationally recognized rating agency; (9) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the State Investing Office and the transfer of cash from the State Investing Office to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the State Investing Office in exchange for the securities at a specified date if the repurchase agreements satisfy the following criteria: (A) Repurchase agreements must be between the State Investing Office and a dealer bank or securities firm described as follows: (i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (B) The written repurchase agreement contract must include the following: (i) Securities that are acceptable for transfer are those listed in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section; (ii) The term of the repurchase agreement may be up to thirty (30) days; (iii) The collateral must be delivered to the State Investing Office, to a trustee if the trustee is not supplying the collateral, or to a third party acting as agent for the trustee if the trustee is supplying the collateral, before or at the time of the payment and perfection by possession of certificated securities; and (iv) (a) The securities must be valued weekly, market-to-market at current market price plus accrued interest. (b) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the State Investing Office to the dealer bank or security firm under the repurchase agreement plus accrued interest. (c) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the State Investing Office, then additional cash, acceptable securities, or a combination of cash and securities must be transferred and held by the State Investing Office; and (10) Any other investment authorized by state law. Acts 2007, No. 1021, § 2.

(a) The proceeds from the sale of the bonds shall be deposited by the recipient thereof, as received, into trust funds either established in the State Treasury or into accounts established outside the State Treasury in the name of the Commission for Arkansas Public School Academic Facilities and Transportation to accomplish the purposes of this subchapter in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance the development of public school academic facilities projects.

(b) (1) There is established as a trust fund in the State Treasury an account designated as the School Academic Facilities Financing Act of 2007 Bond Fund that is being created to provide for payment of all or a part of the debt service in connection with bonds issued under this subchapter. (2) (A) The Treasurer of State shall establish separate accounts and subaccounts within the fund to correspond to the applicable series of bonds. (B) In addition, there may be created in the State Treasury such other funds, accounts, or subaccounts as the commission may determine to be necessary to accomplish the purposes of this subchapter.

(1) There is established as a trust fund in the State Treasury an account designated as the School Academic Facilities Financing Act of 2007 Bond Fund that is being created to provide for payment of all or a part of the debt service in connection with bonds issued under this subchapter.

(2) (A) The Treasurer of State shall establish separate accounts and subaccounts within the fund to correspond to the applicable series of bonds. (B) In addition, there may be created in the State Treasury such other funds, accounts, or subaccounts as the commission may determine to be necessary to accomplish the purposes of this subchapter.

(A) The Treasurer of State shall establish separate accounts and subaccounts within the fund to correspond to the applicable series of bonds.

(B) In addition, there may be created in the State Treasury such other funds, accounts, or subaccounts as the commission may determine to be necessary to accomplish the purposes of this subchapter.

(c) (1) All procedures and methods for the application of proceeds of any series of bonds to the financing of public school academic facilities project costs shall be set forth in writing. (2) The writings shall be maintained as a part of the records of the commission.

(1) All procedures and methods for the application of proceeds of any series of bonds to the financing of public school academic facilities project costs shall be set forth in writing.

(2) The writings shall be maintained as a part of the records of the commission.

(d) The proceeds from the sale of the bonds and any moneys in the bond fund may be invested and reinvested by the State Investing Office in any of the following: (1) Direct obligations of the United States of America, including obligations issued or held in book-entry form on the books of the United States Department of the Treasury or obligations that are unconditionally guaranteed as to principal and interest by the United States of America; (2) Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any agencies of the United States Government that are backed by the full faith and credit of the United States of America; (3) Senior debt obligations issued or guaranteed by agencies of the United States Government that are non full-faith and credit agencies; (4) Money market funds investing exclusively in the investments described in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section; (5) Certificates of deposit providing for deposits secured at all times by collateral described in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section if: (A) The certificates of deposit are issued by commercial banks whose deposits are insured by the Federal Deposit Insurance Corporation and whose collateral is held by a third party; and (B) The State Investing Office or its assigns have a perfected first security interest in the collateral; (6) Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation; (7) Bonds or notes issued by the state or any municipality, county, school district, community college district, or regional solid waste management district in the state or any agency or instrumentality of the state; (8) Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest rating categories of a nationally recognized rating agency; (9) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the State Investing Office and the transfer of cash from the State Investing Office to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the State Investing Office in exchange for the securities at a specified date if the repurchase agreements satisfy the following criteria: (A) Repurchase agreements must be between the State Investing Office and a dealer bank or securities firm described as follows: (i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (B) The written repurchase agreement contract must include the following: (i) Securities that are acceptable for transfer are those listed in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section; (ii) The term of the repurchase agreement may be up to thirty (30) days; (iii) The collateral must be delivered to the State Investing Office, to a trustee if the trustee is not supplying the collateral, or to a third party acting as agent for the trustee if the trustee is supplying the collateral, before or at the time of the payment and perfection by possession of certificated securities; and (iv) (a) The securities must be valued weekly, market-to-market at current market price plus accrued interest. (b) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the State Investing Office to the dealer bank or security firm under the repurchase agreement plus accrued interest. (c) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the State Investing Office, then additional cash, acceptable securities, or a combination of cash and securities must be transferred and held by the State Investing Office; and (10) Any other investment authorized by state law.

(1) Direct obligations of the United States of America, including obligations issued or held in book-entry form on the books of the United States Department of the Treasury or obligations that are unconditionally guaranteed as to principal and interest by the United States of America;

(2) Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any agencies of the United States Government that are backed by the full faith and credit of the United States of America;

(3) Senior debt obligations issued or guaranteed by agencies of the United States Government that are non full-faith and credit agencies;

(4) Money market funds investing exclusively in the investments described in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section;

(5) Certificates of deposit providing for deposits secured at all times by collateral described in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section if: (A) The certificates of deposit are issued by commercial banks whose deposits are insured by the Federal Deposit Insurance Corporation and whose collateral is held by a third party; and (B) The State Investing Office or its assigns have a perfected first security interest in the collateral;

(A) The certificates of deposit are issued by commercial banks whose deposits are insured by the Federal Deposit Insurance Corporation and whose collateral is held by a third party; and

(B) The State Investing Office or its assigns have a perfected first security interest in the collateral;

(6) Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation;

(7) Bonds or notes issued by the state or any municipality, county, school district, community college district, or regional solid waste management district in the state or any agency or instrumentality of the state;

(8) Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest rating categories of a nationally recognized rating agency;

(9) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the State Investing Office and the transfer of cash from the State Investing Office to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the State Investing Office in exchange for the securities at a specified date if the repurchase agreements satisfy the following criteria: (A) Repurchase agreements must be between the State Investing Office and a dealer bank or securities firm described as follows: (i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (B) The written repurchase agreement contract must include the following: (i) Securities that are acceptable for transfer are those listed in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section; (ii) The term of the repurchase agreement may be up to thirty (30) days; (iii) The collateral must be delivered to the State Investing Office, to a trustee if the trustee is not supplying the collateral, or to a third party acting as agent for the trustee if the trustee is supplying the collateral, before or at the time of the payment and perfection by possession of certificated securities; and (iv) (a) The securities must be valued weekly, market-to-market at current market price plus accrued interest. (b) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the State Investing Office to the dealer bank or security firm under the repurchase agreement plus accrued interest. (c) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the State Investing Office, then additional cash, acceptable securities, or a combination of cash and securities must be transferred and held by the State Investing Office; and

(A) Repurchase agreements must be between the State Investing Office and a dealer bank or securities firm described as follows: (i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and

(i) Dealers with at least one hundred million dollars ($100,000,000) in capital; or

(ii) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and

(B) The written repurchase agreement contract must include the following: (i) Securities that are acceptable for transfer are those listed in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section; (ii) The term of the repurchase agreement may be up to thirty (30) days; (iii) The collateral must be delivered to the State Investing Office, to a trustee if the trustee is not supplying the collateral, or to a third party acting as agent for the trustee if the trustee is supplying the collateral, before or at the time of the payment and perfection by possession of certificated securities; and (iv) (a) The securities must be valued weekly, market-to-market at current market price plus accrued interest. (b) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the State Investing Office to the dealer bank or security firm under the repurchase agreement plus accrued interest. (c) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the State Investing Office, then additional cash, acceptable securities, or a combination of cash and securities must be transferred and held by the State Investing Office; and

(i) Securities that are acceptable for transfer are those listed in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section;

(ii) The term of the repurchase agreement may be up to thirty (30) days;

(iii) The collateral must be delivered to the State Investing Office, to a trustee if the trustee is not supplying the collateral, or to a third party acting as agent for the trustee if the trustee is supplying the collateral, before or at the time of the payment and perfection by possession of certificated securities; and

(iv) (a) The securities must be valued weekly, market-to-market at current market price plus accrued interest. (b) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the State Investing Office to the dealer bank or security firm under the repurchase agreement plus accrued interest. (c) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the State Investing Office, then additional cash, acceptable securities, or a combination of cash and securities must be transferred and held by the State Investing Office; and

(a) The securities must be valued weekly, market-to-market at current market price plus accrued interest.

(b) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the State Investing Office to the dealer bank or security firm under the repurchase agreement plus accrued interest.

(c) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the State Investing Office, then additional cash, acceptable securities, or a combination of cash and securities must be transferred and held by the State Investing Office; and

(10) Any other investment authorized by state law.

Acts 2007, No. 1021, § 2.
Ark. Code Ann. § 6-84-104 — AR Code / Title 6 / Chapter 84 / Section 6-84-104
Creation of Arkansas Brighter Future Fund Plan Trust
Status: in_force

(a) There is created the Arkansas Brighter Future Fund Plan Trust. (b) The cotrustees of the trust shall be the Commissioner of the Division of Higher Education, the Executive Director of the Arkansas Teacher Retirement System, and the Treasurer of State. Amended by Act 2023, No. 786,§ 26, eff. 4/12/2023. Amended by Act 2021, No. 966,§ 7, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 2122, eff. 7/1/2019. Acts 1999, No. 996, § 4; 2003, No. 515, § 1.

(a) There is created the Arkansas Brighter Future Fund Plan Trust.

(b) The cotrustees of the trust shall be the Commissioner of the Division of Higher Education, the Executive Director of the Arkansas Teacher Retirement System, and the Treasurer of State.

Amended by Act 2023, No. 786,§ 26, eff. 4/12/2023.

Amended by Act 2021, No. 966,§ 7, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 2122, eff. 7/1/2019.

Acts 1999, No. 996, § 4; 2003, No. 515, § 1.
Ark. Code Ann. § 6-64-706 — AR Code / Title 6 / Chapter 64 / Subchapter 7 / Section 6-64-706
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1065,§ 1, eff. 7/22/2015. Acts 1919, No. 664, §§ 1, 3-9; 1997, No. 250, § 31.

Repealed by Act 2015, No. 1065,§ 1, eff. 7/22/2015.

Acts 1919, No. 664, §§ 1, 3-9; 1997, No. 250, § 31.
Ark. Code Ann. § 6-18-720 — AR Code / Title 6 / Chapter 18 / Subchapter 7 / Section 6-18-720
Seizure Safe Schools Act - Definition
Status: in_force

(a) This section shall be known and may be cited as the "Seizure Safe Schools Act". (b) As used in this section, "seizure action plan" means a written, individualized health plan designed to acknowledge and prepare for the healthcare needs of a student diagnosed with a seizure disorder. (c) (1) By the 2024-2025 school year, the board of each public school district and the governing body of each private school or school district shall have at least two (2) school employees at each school who have met the training requirements necessary to: (A) Administer or assist with the self-administration of: (i) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration and any successor agency; and (ii) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet as approved by the United States Food and Drug Administration and any successor agency; and (B) Recognize the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms. (2) The presence of a full-time school nurse shall serve as one (1) of the school employees required under subdivision (c)(1) of this section. (d) (1) Every public, charter, and private school shall provide up to seventy-five (75) minutes of training, in person or online, every two (2) years to principals, guidance counselors, teachers, and other relevant school personnel with direct contact and supervision of children on the recognition of signs and symptoms of seizures and the appropriate steps for seizure first aid. (2) The training under subdivision (d)(1) of this section may count toward the continuing education hours that a school nurse must receive. (e) (1) Any training programs or guidelines adopted by any state agency for the training of school personnel in the healthcare needs of any student diagnosed with a seizure disorder shall be fully consistent with training programs and guidelines developed by the Epilepsy Foundation of America or any successor organization. (2) Notwithstanding any state agency requirement or other law to the contrary, for the purposes of training under subdivision (e)(1) of this section, a school district may use any adequate and appropriate training programs or guidelines for training of school personnel in the seizure disorder protocols covered under this section. (f) Before a seizure rescue medication can be administered to a student to treat seizure disorder symptoms, the student's parent or legal guardian shall: (1) Provide the school with written authorization to administer the medication at school; (2) Provide a written statement from the student's healthcare provider that shall contain the following information: (A) The student's name; (B) The name and purpose of the medication; (C) The prescribed dosage; (D) The route of administration; (E) The frequency that the medication should be administered; and (F) The circumstances under which the medication should be administered; (3) (A) Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact. (B) The school shall store the medication under subdivision (f)(3)(A) of this section in a safe and secure location accessible only by school personnel or volunteers with training to administer seizure medication; and (4) Collaborate with school personnel to create a seizure action plan. (g) The written authorization, written statement, and seizure action plan required in subsection (f) of this section shall be: (1) Kept on file in the office of the school nurse or school administrator; and (2) Distributed to any school personnel or volunteers responsible for the supervision or care of the student. (h) The written authorization for the administration of seizure rescue medications provided for in subdivision (f)(1) of this section is effective for the school year in which it is granted and may be renewed each following school year upon fulfilling the requirements of subsections (f) and (g) of this section. (i) This section shall apply only to a school that has a student enrolled who has a seizure disorder and has a seizure rescue medication or other medication prescribed by the student's healthcare provider to treat seizure disorder symptoms approved by the United States Food and Drug Administration or any successor agency. (j) The Division of Elementary and Secondary Education may promulgate rules for the development and implementation of the seizure education program and the procedures for the development and content of seizure action plans. (k) (1) (A) A school employee may not be subject to any disciplinary proceeding resulting from an action taken in compliance with this section. (B) Any employee acting in accordance with the provisions of this section is immune from civil liability unless the actions of the employee rise to a level of reckless or intentional misconduct. (2) A school nurse is not responsible for or subject to disciplinary action for actions performed by a volunteer. (l) Each public school district shall develop an age-appropriate seizure education program consistent with training programs and guidelines developed by the Epilepsy Foundation of America and any successor organization. Added by Act 2023, No. 286,§ 1, eff. 8/1/2023.

(a) This section shall be known and may be cited as the "Seizure Safe Schools Act".

(b) As used in this section, "seizure action plan" means a written, individualized health plan designed to acknowledge and prepare for the healthcare needs of a student diagnosed with a seizure disorder.

(c) (1) By the 2024-2025 school year, the board of each public school district and the governing body of each private school or school district shall have at least two (2) school employees at each school who have met the training requirements necessary to: (A) Administer or assist with the self-administration of: (i) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration and any successor agency; and (ii) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet as approved by the United States Food and Drug Administration and any successor agency; and (B) Recognize the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms. (2) The presence of a full-time school nurse shall serve as one (1) of the school employees required under subdivision (c)(1) of this section.

(1) By the 2024-2025 school year, the board of each public school district and the governing body of each private school or school district shall have at least two (2) school employees at each school who have met the training requirements necessary to: (A) Administer or assist with the self-administration of: (i) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration and any successor agency; and (ii) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet as approved by the United States Food and Drug Administration and any successor agency; and (B) Recognize the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms.

(A) Administer or assist with the self-administration of: (i) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration and any successor agency; and (ii) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet as approved by the United States Food and Drug Administration and any successor agency; and

(i) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration and any successor agency; and

(ii) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet as approved by the United States Food and Drug Administration and any successor agency; and

(B) Recognize the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms.

(2) The presence of a full-time school nurse shall serve as one (1) of the school employees required under subdivision (c)(1) of this section.

(d) (1) Every public, charter, and private school shall provide up to seventy-five (75) minutes of training, in person or online, every two (2) years to principals, guidance counselors, teachers, and other relevant school personnel with direct contact and supervision of children on the recognition of signs and symptoms of seizures and the appropriate steps for seizure first aid. (2) The training under subdivision (d)(1) of this section may count toward the continuing education hours that a school nurse must receive.

(1) Every public, charter, and private school shall provide up to seventy-five (75) minutes of training, in person or online, every two (2) years to principals, guidance counselors, teachers, and other relevant school personnel with direct contact and supervision of children on the recognition of signs and symptoms of seizures and the appropriate steps for seizure first aid.

(2) The training under subdivision (d)(1) of this section may count toward the continuing education hours that a school nurse must receive.

(e) (1) Any training programs or guidelines adopted by any state agency for the training of school personnel in the healthcare needs of any student diagnosed with a seizure disorder shall be fully consistent with training programs and guidelines developed by the Epilepsy Foundation of America or any successor organization. (2) Notwithstanding any state agency requirement or other law to the contrary, for the purposes of training under subdivision (e)(1) of this section, a school district may use any adequate and appropriate training programs or guidelines for training of school personnel in the seizure disorder protocols covered under this section.

(1) Any training programs or guidelines adopted by any state agency for the training of school personnel in the healthcare needs of any student diagnosed with a seizure disorder shall be fully consistent with training programs and guidelines developed by the Epilepsy Foundation of America or any successor organization.

(2) Notwithstanding any state agency requirement or other law to the contrary, for the purposes of training under subdivision (e)(1) of this section, a school district may use any adequate and appropriate training programs or guidelines for training of school personnel in the seizure disorder protocols covered under this section.

(f) Before a seizure rescue medication can be administered to a student to treat seizure disorder symptoms, the student's parent or legal guardian shall: (1) Provide the school with written authorization to administer the medication at school; (2) Provide a written statement from the student's healthcare provider that shall contain the following information: (A) The student's name; (B) The name and purpose of the medication; (C) The prescribed dosage; (D) The route of administration; (E) The frequency that the medication should be administered; and (F) The circumstances under which the medication should be administered; (3) (A) Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact. (B) The school shall store the medication under subdivision (f)(3)(A) of this section in a safe and secure location accessible only by school personnel or volunteers with training to administer seizure medication; and (4) Collaborate with school personnel to create a seizure action plan.

(1) Provide the school with written authorization to administer the medication at school;

(2) Provide a written statement from the student's healthcare provider that shall contain the following information: (A) The student's name; (B) The name and purpose of the medication; (C) The prescribed dosage; (D) The route of administration; (E) The frequency that the medication should be administered; and (F) The circumstances under which the medication should be administered;

(A) The student's name;

(B) The name and purpose of the medication;

(C) The prescribed dosage;

(D) The route of administration;

(E) The frequency that the medication should be administered; and

(F) The circumstances under which the medication should be administered;

(3) (A) Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact. (B) The school shall store the medication under subdivision (f)(3)(A) of this section in a safe and secure location accessible only by school personnel or volunteers with training to administer seizure medication; and

(A) Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.

(B) The school shall store the medication under subdivision (f)(3)(A) of this section in a safe and secure location accessible only by school personnel or volunteers with training to administer seizure medication; and

(4) Collaborate with school personnel to create a seizure action plan.

(g) The written authorization, written statement, and seizure action plan required in subsection (f) of this section shall be: (1) Kept on file in the office of the school nurse or school administrator; and (2) Distributed to any school personnel or volunteers responsible for the supervision or care of the student.

(1) Kept on file in the office of the school nurse or school administrator; and

(2) Distributed to any school personnel or volunteers responsible for the supervision or care of the student.

(h) The written authorization for the administration of seizure rescue medications provided for in subdivision (f)(1) of this section is effective for the school year in which it is granted and may be renewed each following school year upon fulfilling the requirements of subsections (f) and (g) of this section.

(i) This section shall apply only to a school that has a student enrolled who has a seizure disorder and has a seizure rescue medication or other medication prescribed by the student's healthcare provider to treat seizure disorder symptoms approved by the United States Food and Drug Administration or any successor agency.

(j) The Division of Elementary and Secondary Education may promulgate rules for the development and implementation of the seizure education program and the procedures for the development and content of seizure action plans.

(k) (1) (A) A school employee may not be subject to any disciplinary proceeding resulting from an action taken in compliance with this section. (B) Any employee acting in accordance with the provisions of this section is immune from civil liability unless the actions of the employee rise to a level of reckless or intentional misconduct. (2) A school nurse is not responsible for or subject to disciplinary action for actions performed by a volunteer.

(1) (A) A school employee may not be subject to any disciplinary proceeding resulting from an action taken in compliance with this section. (B) Any employee acting in accordance with the provisions of this section is immune from civil liability unless the actions of the employee rise to a level of reckless or intentional misconduct.

(A) A school employee may not be subject to any disciplinary proceeding resulting from an action taken in compliance with this section.

(B) Any employee acting in accordance with the provisions of this section is immune from civil liability unless the actions of the employee rise to a level of reckless or intentional misconduct.

(2) A school nurse is not responsible for or subject to disciplinary action for actions performed by a volunteer.

(l) Each public school district shall develop an age-appropriate seizure education program consistent with training programs and guidelines developed by the Epilepsy Foundation of America and any successor organization.

Added by Act 2023, No. 286,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 6-18-705 — AR Code / Title 6 / Chapter 18 / Subchapter 7 / Section 6-18-705
Breakfast program
Status: in_force

(a) (1) Beginning with the 1991-1992 school year, any schools located in a school district in which forty percent (40%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program. (2) Beginning with the 1992-1993 school year, any schools located in a school district in which thirty-five percent (35%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program. (3) Beginning with the 1993-1994 school year, any schools located in a school district in which twenty percent (20%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program. (b) Nothing in this section shall be interpreted to prevent a school district not covered under this section from implementing a school breakfast program or to prevent a school district from implementing a school breakfast program during an earlier year than required under this section. (c) The Division of Elementary and Secondary Education may promulgate rules necessary for implementation of this section in compliance with federal regulations and guidelines. (d) (1) (A) The State Board of Education may grant a one-year waiver of the requirements of this section to a school covered by this section that lacks facilities or equipment to offer a school breakfast program and in which the acquisition of such by the district would work an extreme hardship during the required year. (B) However, such waiver shall expire and may not be renewed at the beginning of the following school year. (2) In any high school under the requirements of this section, if fifty percent (50%) or more of the eligible students refuse to participate in the school breakfast program during any year of the program as demonstrated by sufficient proof to the division, the state board may grant a waiver from the requirements of this section to the high school. (e) The division is hereby authorized to withhold state equalization aid from any school district that fails to comply with the provisions of this section. Amended by Act 2019, No. 315,§ 260, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1549, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1548, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1547, eff. 7/1/2019. Acts 1991, No. 826, § 1; 1991, No. 1127, § 1; 1999, No. 391, § 13.

(a) (1) Beginning with the 1991-1992 school year, any schools located in a school district in which forty percent (40%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program. (2) Beginning with the 1992-1993 school year, any schools located in a school district in which thirty-five percent (35%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program. (3) Beginning with the 1993-1994 school year, any schools located in a school district in which twenty percent (20%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program.

(1) Beginning with the 1991-1992 school year, any schools located in a school district in which forty percent (40%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program.

(2) Beginning with the 1992-1993 school year, any schools located in a school district in which thirty-five percent (35%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program.

(3) Beginning with the 1993-1994 school year, any schools located in a school district in which twenty percent (20%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program.

(b) Nothing in this section shall be interpreted to prevent a school district not covered under this section from implementing a school breakfast program or to prevent a school district from implementing a school breakfast program during an earlier year than required under this section.

(c) The Division of Elementary and Secondary Education may promulgate rules necessary for implementation of this section in compliance with federal regulations and guidelines.

(d) (1) (A) The State Board of Education may grant a one-year waiver of the requirements of this section to a school covered by this section that lacks facilities or equipment to offer a school breakfast program and in which the acquisition of such by the district would work an extreme hardship during the required year. (B) However, such waiver shall expire and may not be renewed at the beginning of the following school year. (2) In any high school under the requirements of this section, if fifty percent (50%) or more of the eligible students refuse to participate in the school breakfast program during any year of the program as demonstrated by sufficient proof to the division, the state board may grant a waiver from the requirements of this section to the high school.

(1) (A) The State Board of Education may grant a one-year waiver of the requirements of this section to a school covered by this section that lacks facilities or equipment to offer a school breakfast program and in which the acquisition of such by the district would work an extreme hardship during the required year. (B) However, such waiver shall expire and may not be renewed at the beginning of the following school year.

(A) The State Board of Education may grant a one-year waiver of the requirements of this section to a school covered by this section that lacks facilities or equipment to offer a school breakfast program and in which the acquisition of such by the district would work an extreme hardship during the required year.

(B) However, such waiver shall expire and may not be renewed at the beginning of the following school year.

(2) In any high school under the requirements of this section, if fifty percent (50%) or more of the eligible students refuse to participate in the school breakfast program during any year of the program as demonstrated by sufficient proof to the division, the state board may grant a waiver from the requirements of this section to the high school.

(e) The division is hereby authorized to withhold state equalization aid from any school district that fails to comply with the provisions of this section.

Amended by Act 2019, No. 315,§ 260, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1549, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1548, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1547, eff. 7/1/2019.

Acts 1991, No. 826, § 1; 1991, No. 1127, § 1; 1999, No. 391, § 13.
Ark. Code Ann. § 6-17-2306 — AR Code / Title 6 / Chapter 17 / Subchapter 23 / Section 6-17-2306
Copies furnished classified employees
Status: in_force

(a) (1) Each classified employee being employed by a school district for the first time shall be given a copy of the school district's personnel policies in effect at the time of his or her employment. (2) A digital copy provided to an employee or an online copy that is accessible by internet or intranet will meet the requirements of subdivision (a)(1) of this section. (3) A hard copy of all classified policies shall be available to review at each work location. (4) The individual employee shall be offered the choice of a hard copy or a digital copy. (b) (1) Each classified employee shall be furnished a copy of any amendments to the personnel policies within thirty (30) days after approval of the amendments by the board of directors of the school district. (2) A digital copy provided to an employee or an online copy that is accessible by internet or intranet will meet the requirements of subdivision (b)(1) of this section. (3) A hard copy of all amendments shall be available for review at each work location. (4) The individual employee shall be offered the choice of a hard copy or a digital copy. Acts 2003, No. 1780, § 6; 2005, No. 951, § 1.

(a) (1) Each classified employee being employed by a school district for the first time shall be given a copy of the school district's personnel policies in effect at the time of his or her employment. (2) A digital copy provided to an employee or an online copy that is accessible by internet or intranet will meet the requirements of subdivision (a)(1) of this section. (3) A hard copy of all classified policies shall be available to review at each work location. (4) The individual employee shall be offered the choice of a hard copy or a digital copy.

(1) Each classified employee being employed by a school district for the first time shall be given a copy of the school district's personnel policies in effect at the time of his or her employment.

(2) A digital copy provided to an employee or an online copy that is accessible by internet or intranet will meet the requirements of subdivision (a)(1) of this section.

(3) A hard copy of all classified policies shall be available to review at each work location.

(4) The individual employee shall be offered the choice of a hard copy or a digital copy.

(b) (1) Each classified employee shall be furnished a copy of any amendments to the personnel policies within thirty (30) days after approval of the amendments by the board of directors of the school district. (2) A digital copy provided to an employee or an online copy that is accessible by internet or intranet will meet the requirements of subdivision (b)(1) of this section. (3) A hard copy of all amendments shall be available for review at each work location. (4) The individual employee shall be offered the choice of a hard copy or a digital copy.

(1) Each classified employee shall be furnished a copy of any amendments to the personnel policies within thirty (30) days after approval of the amendments by the board of directors of the school district.

(2) A digital copy provided to an employee or an online copy that is accessible by internet or intranet will meet the requirements of subdivision (b)(1) of this section.

(3) A hard copy of all amendments shall be available for review at each work location.

(4) The individual employee shall be offered the choice of a hard copy or a digital copy.

Acts 2003, No. 1780, § 6; 2005, No. 951, § 1.
Ark. Code Ann. § 6-85-501 — AR Code / Title 6 / Chapter 85 / Subchapter 5 / Section 6-85-501
Introduction of bills
Status: in_force

(a) The following proposed legislation to be considered by the General Assembly at a regular session shall be introduced in the General Assembly during the first thirty-one (31) calendar days of a regular session: (1) A bill that creates a new scholarship to be funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable; and (2) A bill that affects an existing scholarship that is funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable. (b) (1) A bill creating a new scholarship to be funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, or affecting an existing scholarship that is funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, shall not be introduced after the thirty-first day of a regular session unless its introduction is first approved by a three-fourths vote of the full membership of each chamber of the General Assembly. (2) If the General Assembly recesses for longer than three (3) consecutive days during the first thirty-one (31) days of a regular session, the deadline imposed under this section shall be extended for a time period equal to the recess. (c) A bill creating a new scholarship to be funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, or affecting an existing scholarship that is funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, shall not be introduced or considered at a special session or fiscal session of the General Assembly unless the introduction or consideration of the bill is first approved by a two-thirds vote of the full membership of each chamber of the General Assembly. Added by Act 2021, No. 636,§ 3, eff. 4/12/2021.

(a) The following proposed legislation to be considered by the General Assembly at a regular session shall be introduced in the General Assembly during the first thirty-one (31) calendar days of a regular session: (1) A bill that creates a new scholarship to be funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable; and (2) A bill that affects an existing scholarship that is funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable.

(1) A bill that creates a new scholarship to be funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable; and

(2) A bill that affects an existing scholarship that is funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable.

(b) (1) A bill creating a new scholarship to be funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, or affecting an existing scholarship that is funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, shall not be introduced after the thirty-first day of a regular session unless its introduction is first approved by a three-fourths vote of the full membership of each chamber of the General Assembly. (2) If the General Assembly recesses for longer than three (3) consecutive days during the first thirty-one (31) days of a regular session, the deadline imposed under this section shall be extended for a time period equal to the recess.

(1) A bill creating a new scholarship to be funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, or affecting an existing scholarship that is funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, shall not be introduced after the thirty-first day of a regular session unless its introduction is first approved by a three-fourths vote of the full membership of each chamber of the General Assembly.

(2) If the General Assembly recesses for longer than three (3) consecutive days during the first thirty-one (31) days of a regular session, the deadline imposed under this section shall be extended for a time period equal to the recess.

(c) A bill creating a new scholarship to be funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, or affecting an existing scholarship that is funded with net proceeds from the state lottery or the Higher Education Grants Fund Account, as applicable, shall not be introduced or considered at a special session or fiscal session of the General Assembly unless the introduction or consideration of the bill is first approved by a two-thirds vote of the full membership of each chamber of the General Assembly.

Added by Act 2021, No. 636,§ 3, eff. 4/12/2021.
Ark. Code Ann. § 6-18-503 — AR Code / Title 6 / Chapter 18 / Subchapter 5 / Section 6-18-503
Written student discipline policies required - Definition
Status: in_force

(a) (1) (A) Each school district in this state shall develop written student discipline policies in compliance with the rules established by the Division of Elementary and Secondary Education and shall file the policies with the division. (B) The rules required under subdivision (a)(1)(A) of this section may include minimum standards of quality, experimentation with innovative programs, and a system to judge the effectiveness of the program. (C) The discipline policy required under subdivision (a)(1)(A) of this section shall include provisions for: (i) Placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a physical or mental impairment or disability in an alternative learning environment provided by the district; and (ii) Procedures for responding to reports received through the school safety and crisis line under § 6-18-111 . (2) Behavioral problems include being at risk of not satisfactorily completing a high school education. (b) (1) A school district that authorizes use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or school administrator and only in the presence of a school administrator or his or her designee, who shall be a teacher or school administrator employed by the school district. (2) As used in this subchapter, "teacher or school administrator" means: (A) A person employed by a school district and required to hold a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the State Board of Education; and (B) An unlicensed classroom teacher or administrator employed in a position under a waiver from licensure. (3) A school district that authorizes use of corporal punishment under subdivision (b)(1) of this section shall not: (A) Use corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic; or (B) Include in its written student discipline policy a provision to allow the use of corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic. (c) (1) A school district shall include in its student discipline policies a provision prohibiting students from wearing, while on the grounds of a public school during the regular school day and at school-sponsored activities and events, clothing that exposes underwear, buttocks, or the breast of a female. (2) Subdivision (c)(1) of this section shall not apply to a costume or uniform worn by a student while participating in a school-sponsored activity or event. (3) A school district shall specify in its student discipline policies the disciplinary actions that will be taken against a student for a violation of subdivision (c)(1) of this section. (4) Subdivision (c)(1) of this section shall not be enforced in a manner that discriminates against a student on the basis of his or her race, color, religion, sex, disability, or national origin. (d) Any amendments or revisions to a school district's student discipline policies shall be developed and adopted in the same manner as the original policies required by § 6-18-502 and shall be consistent with the rules established by the division. (e) Any amendment or revision to the student discipline policies adopted by a school district shall be submitted to the division within thirty (30) days after the adoption of such amendment or revision. Amended by Act 2019, No. 1064,§ 4, without reference to the amendment by Act 2019, No. 640, eff. 7/24/2019. Amended by Act 2019, No. 640,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 640,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 640,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 557,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1533, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1532, eff. 7/1/2019. Amended by Act 2013, No. 1138,§ 47, eff. 8/16/2013. Amended by Act 2013, No. 1073,§ 29, eff. 8/16/2013. Acts 1983 (Ex. Sess.), No. 77, § 2; 1983 (Ex. Sess.), No. 104, § 2; A.S.A. 1947, § 80-1629.7; Acts 1991, No. 830, § 1; 1994 (2nd Ex. Sess.), No. 51, §§ 2, 5; 1995, No. 333, § 1; 1995, No. 567, § 2; 2011, No. 835, § 2.

(a) (1) (A) Each school district in this state shall develop written student discipline policies in compliance with the rules established by the Division of Elementary and Secondary Education and shall file the policies with the division. (B) The rules required under subdivision (a)(1)(A) of this section may include minimum standards of quality, experimentation with innovative programs, and a system to judge the effectiveness of the program. (C) The discipline policy required under subdivision (a)(1)(A) of this section shall include provisions for: (i) Placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a physical or mental impairment or disability in an alternative learning environment provided by the district; and (ii) Procedures for responding to reports received through the school safety and crisis line under § 6-18-111 . (2) Behavioral problems include being at risk of not satisfactorily completing a high school education.

(1) (A) Each school district in this state shall develop written student discipline policies in compliance with the rules established by the Division of Elementary and Secondary Education and shall file the policies with the division. (B) The rules required under subdivision (a)(1)(A) of this section may include minimum standards of quality, experimentation with innovative programs, and a system to judge the effectiveness of the program. (C) The discipline policy required under subdivision (a)(1)(A) of this section shall include provisions for: (i) Placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a physical or mental impairment or disability in an alternative learning environment provided by the district; and (ii) Procedures for responding to reports received through the school safety and crisis line under § 6-18-111 .

(A) Each school district in this state shall develop written student discipline policies in compliance with the rules established by the Division of Elementary and Secondary Education and shall file the policies with the division.

(B) The rules required under subdivision (a)(1)(A) of this section may include minimum standards of quality, experimentation with innovative programs, and a system to judge the effectiveness of the program.

(C) The discipline policy required under subdivision (a)(1)(A) of this section shall include provisions for: (i) Placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a physical or mental impairment or disability in an alternative learning environment provided by the district; and (ii) Procedures for responding to reports received through the school safety and crisis line under § 6-18-111 .

(i) Placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a physical or mental impairment or disability in an alternative learning environment provided by the district; and

(ii) Procedures for responding to reports received through the school safety and crisis line under § 6-18-111 .

(2) Behavioral problems include being at risk of not satisfactorily completing a high school education.

(b) (1) A school district that authorizes use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or school administrator and only in the presence of a school administrator or his or her designee, who shall be a teacher or school administrator employed by the school district. (2) As used in this subchapter, "teacher or school administrator" means: (A) A person employed by a school district and required to hold a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the State Board of Education; and (B) An unlicensed classroom teacher or administrator employed in a position under a waiver from licensure. (3) A school district that authorizes use of corporal punishment under subdivision (b)(1) of this section shall not: (A) Use corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic; or (B) Include in its written student discipline policy a provision to allow the use of corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.

(1) A school district that authorizes use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or school administrator and only in the presence of a school administrator or his or her designee, who shall be a teacher or school administrator employed by the school district.

(2) As used in this subchapter, "teacher or school administrator" means: (A) A person employed by a school district and required to hold a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the State Board of Education; and (B) An unlicensed classroom teacher or administrator employed in a position under a waiver from licensure.

(A) A person employed by a school district and required to hold a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the State Board of Education; and

(B) An unlicensed classroom teacher or administrator employed in a position under a waiver from licensure.

(3) A school district that authorizes use of corporal punishment under subdivision (b)(1) of this section shall not: (A) Use corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic; or (B) Include in its written student discipline policy a provision to allow the use of corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.

(A) Use corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic; or

(B) Include in its written student discipline policy a provision to allow the use of corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.

(c) (1) A school district shall include in its student discipline policies a provision prohibiting students from wearing, while on the grounds of a public school during the regular school day and at school-sponsored activities and events, clothing that exposes underwear, buttocks, or the breast of a female. (2) Subdivision (c)(1) of this section shall not apply to a costume or uniform worn by a student while participating in a school-sponsored activity or event. (3) A school district shall specify in its student discipline policies the disciplinary actions that will be taken against a student for a violation of subdivision (c)(1) of this section. (4) Subdivision (c)(1) of this section shall not be enforced in a manner that discriminates against a student on the basis of his or her race, color, religion, sex, disability, or national origin.

(1) A school district shall include in its student discipline policies a provision prohibiting students from wearing, while on the grounds of a public school during the regular school day and at school-sponsored activities and events, clothing that exposes underwear, buttocks, or the breast of a female.

(2) Subdivision (c)(1) of this section shall not apply to a costume or uniform worn by a student while participating in a school-sponsored activity or event.

(3) A school district shall specify in its student discipline policies the disciplinary actions that will be taken against a student for a violation of subdivision (c)(1) of this section.

(4) Subdivision (c)(1) of this section shall not be enforced in a manner that discriminates against a student on the basis of his or her race, color, religion, sex, disability, or national origin.

(d) Any amendments or revisions to a school district's student discipline policies shall be developed and adopted in the same manner as the original policies required by § 6-18-502 and shall be consistent with the rules established by the division.

(e) Any amendment or revision to the student discipline policies adopted by a school district shall be submitted to the division within thirty (30) days after the adoption of such amendment or revision.

Amended by Act 2019, No. 1064,§ 4, without reference to the amendment by Act 2019, No. 640, eff. 7/24/2019.

Amended by Act 2019, No. 640,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 640,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 640,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 557,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 1533, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1532, eff. 7/1/2019.

Amended by Act 2013, No. 1138,§ 47, eff. 8/16/2013.

Amended by Act 2013, No. 1073,§ 29, eff. 8/16/2013.

Acts 1983 (Ex. Sess.), No. 77, § 2; 1983 (Ex. Sess.), No. 104, § 2; A.S.A. 1947, § 80-1629.7; Acts 1991, No. 830, § 1; 1994 (2nd Ex. Sess.), No. 51, §§ 2, 5; 1995, No. 333, § 1; 1995, No. 567, § 2; 2011, No. 835, § 2.
Ark. Code Ann. § 6-18-1703 — AR Code / Title 6 / Chapter 18 / Subchapter 17 / Section 6-18-1703
Definitions
Status: in_force

As used in this subchapter: (1) "International student exchange visitor placement organization" or "organization" means a person, partnership, corporation, or other entity that regularly arranges the placement of international student exchange visitors for the purpose, in whole or in part, of allowing the student an opportunity to attend school in the United States; and (2) "Representative" means a natural person who is responsible on behalf of an international student exchange visitor placement organization for: (A) The selection of a suitable host family for the placement of a foreign exchange student; (B) The enrollment of a foreign exchange student in a local public or private school; and (C) The periodic monitoring of the foreign exchange student and his or her living conditions and educational progress. Acts 2009, No. 966, § 1.

As used in this subchapter:

(1) "International student exchange visitor placement organization" or "organization" means a person, partnership, corporation, or other entity that regularly arranges the placement of international student exchange visitors for the purpose, in whole or in part, of allowing the student an opportunity to attend school in the United States; and

(2) "Representative" means a natural person who is responsible on behalf of an international student exchange visitor placement organization for: (A) The selection of a suitable host family for the placement of a foreign exchange student; (B) The enrollment of a foreign exchange student in a local public or private school; and (C) The periodic monitoring of the foreign exchange student and his or her living conditions and educational progress.

(A) The selection of a suitable host family for the placement of a foreign exchange student;

(B) The enrollment of a foreign exchange student in a local public or private school; and

(C) The periodic monitoring of the foreign exchange student and his or her living conditions and educational progress.

Acts 2009, No. 966, § 1.
Ark. Code Ann. § 6-18-721 — AR Code / Title 6 / Chapter 18 / Subchapter 7 / Section 6-18-721
Coach Safely Act - Definitions
Status: in_force

(a) This section shall be known and may be cited as the "Coach Safely Act". (b) As used in this section: (1) "Association" means an organization that administers or conducts high-risk youth athletic activities on property that is owned, leased, managed, or maintained by the state, an agent of the state, or a political subdivision of the state; (2) "Athletics personnel" means athletic directors and other individuals actively involved in organizing, training, or coaching athletic activities for individuals who are fourteen (14) years of age or younger; (3) (A) "Coach" means any individual, whether paid, unpaid, volunteer, or interim, who has been approved by an association to organize, train, or supervise a youth athlete or team of youth athletes. (B) "Coach" may include without limitation an individual selected by a youth athlete or a team of youth athletes who has not been approved by an association if the individual approved by an association is unavailable; (4) "High-risk youth athletic activities" means any organized sport in which there is a significant possibility for a youth athlete to sustain a serious physical injury, including without limitation the sports of football, basketball, baseball, volleyball, soccer, ice or field hockey, cheerleading, and lacrosse; and (5) "Youth athlete" means an individual who is fourteen (14) years of age or younger and participates in an organized sport. (c) Any association that sponsors or conducts sports training or high-risk youth athletic activities for children who are fourteen (14) years of age and younger shall require all coaches and athletics personnel to complete an online or residence course approved by the Department of Health, if available at no cost, which provides information and awareness of actions and measures that may be used to decrease the likelihood that a youth athlete will sustain a serious injury while engaged or participating in a high-risk youth athletic activity. (d) Any youth injury mitigation and information course described under subsection (c) of this section shall provide information on the following subjects without limitation: (1) Emergency preparedness, planning, and rehearsal for traumatic injuries; (2) Concussions and head trauma; (3) Heat and extreme weather-related injury familiarization; (4) Physical conditioning and training equipment usage; and (5) Heart defects and abnormalities leading to sudden cardiac death. (e) Any individual required to take a youth injury mitigation and information course under this section shall complete the course within thirty (30) days of becoming actively engaged in or serving as part of the athletics personnel or coaching staff for an association. (f) An association that conducts a high-risk youth athletic activity or event that requires a coach or an athletics personnel member to complete a youth injury mitigation and information course under this section shall maintain a record of individual course completion for as long as that individual serves as an athletics personnel or coach for the association. (g) The youth injury mitigation and information course requirement under this section shall be an annual requirement to be completed no later than the anniversary of the date on which the individual became actively engaged in serving as an athletics personnel or coach for an association. (h) All licensed and certified athletic trainers, doctors, nurses, first responders, and healthcare professionals with acute traumatic life support training are exempt from the youth injury mitigation and information course requirement under this section. (i) This section does not: (1) Eliminate the involvement of athletic trainers at youth athletic events; or (2) Impose any additional liability upon political subdivisions of this state. (j) An athletics personnel member or coach is entitled to a defense from liability for any injury sustained by a youth athlete as a result of participation in a high-risk youth athletic activity upon establishing that the athletics personnel member or coach: (1) Completed the injury mitigation and information course required under subsection (c) of this section; and (2) Reasonably conformed his or her conduct to the safety techniques and methods identified in the injury mitigation and information course. (k) Within one hundred eighty (180) days of August 1, 2023, the Department of Health shall adopt rules to implement, enforce, and administer this section. (l) This section shall not apply to: (1) A licensed teacher with a coaching endorsement on the licensed teacher's teaching license; (2) A licensed teacher who completes the Arkansas Activities Association and National Federation of State High School Associations coaching endorsement program; or (3) A registered volunteer under the Arkansas Registered Volunteers Program Act, § 6-22-101 et seq., who completes the Arkansas Activities Association and National Federation of State High School Associations coaching endorsement program. Added by Act 2023, No. 642,§ 1, eff. 8/1/2023.

(a) This section shall be known and may be cited as the "Coach Safely Act".

(b) As used in this section: (1) "Association" means an organization that administers or conducts high-risk youth athletic activities on property that is owned, leased, managed, or maintained by the state, an agent of the state, or a political subdivision of the state; (2) "Athletics personnel" means athletic directors and other individuals actively involved in organizing, training, or coaching athletic activities for individuals who are fourteen (14) years of age or younger; (3) (A) "Coach" means any individual, whether paid, unpaid, volunteer, or interim, who has been approved by an association to organize, train, or supervise a youth athlete or team of youth athletes. (B) "Coach" may include without limitation an individual selected by a youth athlete or a team of youth athletes who has not been approved by an association if the individual approved by an association is unavailable; (4) "High-risk youth athletic activities" means any organized sport in which there is a significant possibility for a youth athlete to sustain a serious physical injury, including without limitation the sports of football, basketball, baseball, volleyball, soccer, ice or field hockey, cheerleading, and lacrosse; and (5) "Youth athlete" means an individual who is fourteen (14) years of age or younger and participates in an organized sport.

(1) "Association" means an organization that administers or conducts high-risk youth athletic activities on property that is owned, leased, managed, or maintained by the state, an agent of the state, or a political subdivision of the state;

(2) "Athletics personnel" means athletic directors and other individuals actively involved in organizing, training, or coaching athletic activities for individuals who are fourteen (14) years of age or younger;

(3) (A) "Coach" means any individual, whether paid, unpaid, volunteer, or interim, who has been approved by an association to organize, train, or supervise a youth athlete or team of youth athletes. (B) "Coach" may include without limitation an individual selected by a youth athlete or a team of youth athletes who has not been approved by an association if the individual approved by an association is unavailable;

(A) "Coach" means any individual, whether paid, unpaid, volunteer, or interim, who has been approved by an association to organize, train, or supervise a youth athlete or team of youth athletes.

(B) "Coach" may include without limitation an individual selected by a youth athlete or a team of youth athletes who has not been approved by an association if the individual approved by an association is unavailable;

(4) "High-risk youth athletic activities" means any organized sport in which there is a significant possibility for a youth athlete to sustain a serious physical injury, including without limitation the sports of football, basketball, baseball, volleyball, soccer, ice or field hockey, cheerleading, and lacrosse; and

(5) "Youth athlete" means an individual who is fourteen (14) years of age or younger and participates in an organized sport.

(c) Any association that sponsors or conducts sports training or high-risk youth athletic activities for children who are fourteen (14) years of age and younger shall require all coaches and athletics personnel to complete an online or residence course approved by the Department of Health, if available at no cost, which provides information and awareness of actions and measures that may be used to decrease the likelihood that a youth athlete will sustain a serious injury while engaged or participating in a high-risk youth athletic activity.

(d) Any youth injury mitigation and information course described under subsection (c) of this section shall provide information on the following subjects without limitation: (1) Emergency preparedness, planning, and rehearsal for traumatic injuries; (2) Concussions and head trauma; (3) Heat and extreme weather-related injury familiarization; (4) Physical conditioning and training equipment usage; and (5) Heart defects and abnormalities leading to sudden cardiac death.

(1) Emergency preparedness, planning, and rehearsal for traumatic injuries;

(2) Concussions and head trauma;

(3) Heat and extreme weather-related injury familiarization;

(4) Physical conditioning and training equipment usage; and

(5) Heart defects and abnormalities leading to sudden cardiac death.

(e) Any individual required to take a youth injury mitigation and information course under this section shall complete the course within thirty (30) days of becoming actively engaged in or serving as part of the athletics personnel or coaching staff for an association.

(f) An association that conducts a high-risk youth athletic activity or event that requires a coach or an athletics personnel member to complete a youth injury mitigation and information course under this section shall maintain a record of individual course completion for as long as that individual serves as an athletics personnel or coach for the association.

(g) The youth injury mitigation and information course requirement under this section shall be an annual requirement to be completed no later than the anniversary of the date on which the individual became actively engaged in serving as an athletics personnel or coach for an association.

(h) All licensed and certified athletic trainers, doctors, nurses, first responders, and healthcare professionals with acute traumatic life support training are exempt from the youth injury mitigation and information course requirement under this section.

(i) This section does not: (1) Eliminate the involvement of athletic trainers at youth athletic events; or (2) Impose any additional liability upon political subdivisions of this state.

(1) Eliminate the involvement of athletic trainers at youth athletic events; or

(2) Impose any additional liability upon political subdivisions of this state.

(j) An athletics personnel member or coach is entitled to a defense from liability for any injury sustained by a youth athlete as a result of participation in a high-risk youth athletic activity upon establishing that the athletics personnel member or coach: (1) Completed the injury mitigation and information course required under subsection (c) of this section; and (2) Reasonably conformed his or her conduct to the safety techniques and methods identified in the injury mitigation and information course.

(1) Completed the injury mitigation and information course required under subsection (c) of this section; and

(2) Reasonably conformed his or her conduct to the safety techniques and methods identified in the injury mitigation and information course.

(k) Within one hundred eighty (180) days of August 1, 2023, the Department of Health shall adopt rules to implement, enforce, and administer this section.

(l) This section shall not apply to: (1) A licensed teacher with a coaching endorsement on the licensed teacher's teaching license; (2) A licensed teacher who completes the Arkansas Activities Association and National Federation of State High School Associations coaching endorsement program; or (3) A registered volunteer under the Arkansas Registered Volunteers Program Act, § 6-22-101 et seq., who completes the Arkansas Activities Association and National Federation of State High School Associations coaching endorsement program.

(1) A licensed teacher with a coaching endorsement on the licensed teacher's teaching license;

(2) A licensed teacher who completes the Arkansas Activities Association and National Federation of State High School Associations coaching endorsement program; or

(3) A registered volunteer under the Arkansas Registered Volunteers Program Act, § 6-22-101 et seq., who completes the Arkansas Activities Association and National Federation of State High School Associations coaching endorsement program.

Added by Act 2023, No. 642,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 6-62-1109 — AR Code / Title 6 / Chapter 62 / Subchapter 11 / Section 6-62-1109
Procedure for issuing bonds
Status: in_force

(a) (1) Prior to the issuance of any series of bonds, the Arkansas Development Finance Authority shall adopt a resolution or trust indenture, which may be a general resolution, series resolution, master trust indenture, series indenture, supplemental indenture, or other form of resolution or indenture, as deemed necessary by the authority authorizing the issuance of the series of State of Arkansas Higher Education General Obligation Bonds. (2) Each resolution or trust indenture shall contain the terms, covenants, and conditions as are deemed desirable and consistent with this subchapter, including, without limitation, those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the bond proceeds and any pledged revenues, and the rights and obligations of the State of Arkansas, its officers and officials, the authority, and the registered owners of the bonds. (3) All bonds issued under this subchapter shall be on a parity as to security. The resolutions or trust indentures of the authority may provide for the execution and delivery by the authority of a trust indenture or trust indentures with one (1) or more banks or trust companies located within or without this state containing any of the terms, covenants, and conditions described in this section and any other terms and conditions deemed necessary by the authority, which trust indenture or trust indentures shall be binding upon the authority and the State of Arkansas, and their respective officers and officials. (b) Any resolution or trust indenture adopted or executed under this section may provide for the retirement and defeasance of the bonds by the depositing of cash or investments in trust to be maintained for that purpose. When the provisions of the resolution or trust indenture are complied with, the bonds being refunded shall not be deemed to be bonds outstanding for the purposes of this subchapter. Acts 2005, No. 1282, § 1.

(a) (1) Prior to the issuance of any series of bonds, the Arkansas Development Finance Authority shall adopt a resolution or trust indenture, which may be a general resolution, series resolution, master trust indenture, series indenture, supplemental indenture, or other form of resolution or indenture, as deemed necessary by the authority authorizing the issuance of the series of State of Arkansas Higher Education General Obligation Bonds. (2) Each resolution or trust indenture shall contain the terms, covenants, and conditions as are deemed desirable and consistent with this subchapter, including, without limitation, those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the bond proceeds and any pledged revenues, and the rights and obligations of the State of Arkansas, its officers and officials, the authority, and the registered owners of the bonds. (3) All bonds issued under this subchapter shall be on a parity as to security. The resolutions or trust indentures of the authority may provide for the execution and delivery by the authority of a trust indenture or trust indentures with one (1) or more banks or trust companies located within or without this state containing any of the terms, covenants, and conditions described in this section and any other terms and conditions deemed necessary by the authority, which trust indenture or trust indentures shall be binding upon the authority and the State of Arkansas, and their respective officers and officials.

(1) Prior to the issuance of any series of bonds, the Arkansas Development Finance Authority shall adopt a resolution or trust indenture, which may be a general resolution, series resolution, master trust indenture, series indenture, supplemental indenture, or other form of resolution or indenture, as deemed necessary by the authority authorizing the issuance of the series of State of Arkansas Higher Education General Obligation Bonds.

(2) Each resolution or trust indenture shall contain the terms, covenants, and conditions as are deemed desirable and consistent with this subchapter, including, without limitation, those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the bond proceeds and any pledged revenues, and the rights and obligations of the State of Arkansas, its officers and officials, the authority, and the registered owners of the bonds.

(3) All bonds issued under this subchapter shall be on a parity as to security. The resolutions or trust indentures of the authority may provide for the execution and delivery by the authority of a trust indenture or trust indentures with one (1) or more banks or trust companies located within or without this state containing any of the terms, covenants, and conditions described in this section and any other terms and conditions deemed necessary by the authority, which trust indenture or trust indentures shall be binding upon the authority and the State of Arkansas, and their respective officers and officials.

(b) Any resolution or trust indenture adopted or executed under this section may provide for the retirement and defeasance of the bonds by the depositing of cash or investments in trust to be maintained for that purpose. When the provisions of the resolution or trust indenture are complied with, the bonds being refunded shall not be deemed to be bonds outstanding for the purposes of this subchapter.

Acts 2005, No. 1282, § 1.
Ark. Code Ann. § 6-23-202 — AR Code / Title 6 / Chapter 23 / Subchapter 2 / Section 6-23-202
Authorization for conversion public charter school status
Status: in_force

As requested by the conversion public charter school applicant, the authorizer shall review the application for conversion public charter school status and may approve any application that: (1) Provides a plan for improvement at the school level for improving student learning and for meeting or exceeding the state education goals; (2) Includes a set of performance-based objectives and student achievement objectives for the term of the charter and the means for measuring those objectives on at least a yearly basis; (3) Includes a proposal to directly and substantially involve the parents of students to be enrolled in the conversion public charter school, as well as the licensed employees and the broader community, in the process of carrying out the terms of the charter; and (4) Includes an agreement to provide a yearly report to parents, the community, the local school district board of directors, and the authorizer that indicates the progress made by the conversion public charter school in meeting the performance objectives during the previous year. Amended by Act 2013, No. 1138,§ 63, eff. 8/16/2013. Amended by Act 2013, No. 509,§ 4, eff. 8/16/2013. Acts 1999, No. 890, § 4; 2007, No. 736, § 6.

As requested by the conversion public charter school applicant, the authorizer shall review the application for conversion public charter school status and may approve any application that:

(1) Provides a plan for improvement at the school level for improving student learning and for meeting or exceeding the state education goals;

(2) Includes a set of performance-based objectives and student achievement objectives for the term of the charter and the means for measuring those objectives on at least a yearly basis;

(3) Includes a proposal to directly and substantially involve the parents of students to be enrolled in the conversion public charter school, as well as the licensed employees and the broader community, in the process of carrying out the terms of the charter; and

(4) Includes an agreement to provide a yearly report to parents, the community, the local school district board of directors, and the authorizer that indicates the progress made by the conversion public charter school in meeting the performance objectives during the previous year.

Amended by Act 2013, No. 1138,§ 63, eff. 8/16/2013.

Amended by Act 2013, No. 509,§ 4, eff. 8/16/2013.

Acts 1999, No. 890, § 4; 2007, No. 736, § 6.